[111th Congress Public Law 11]
[From the U.S. Government Printing Office]
[[Page 123 STAT. 991]]
Public Law 111-11
111th Congress
An Act
To designate certain land as components of the National Wilderness
Preservation System, to authorize certain programs and activities in the
Department of the Interior and the Department of Agriculture, and for
other purposes. <<NOTE: Mar. 30, 2009 - [H.R. 146]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Omnibus Public
Land Management Act of 2009. 16 USC 1 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Omnibus Public Land
Management Act of 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A--Wild Monongahela Wilderness
Sec. 1001. Designation of wilderness, Monongahela National Forest, West
Virginia.
Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness,
Monongahela National Forest.
Sec. 1003. Monongahela National Forest boundary confirmation.
Sec. 1004. Enhanced Trail Opportunities.
Subtitle B--Virginia Ridge and Valley Wilderness
Sec. 1101. Definitions.
Sec. 1102. Designation of additional National Forest System land in
Jefferson National Forest as wilderness or a wilderness study
area.
Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area,
Jefferson National Forest, Virginia.
Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson National
Forest, Virginia.
Sec. 1105. Trail plan and development.
Sec. 1106. Maps and boundary descriptions.
Sec. 1107. Effective date.
Subtitle C--Mt. Hood Wilderness, Oregon
Sec. 1201. Definitions.
Sec. 1202. Designation of wilderness areas.
Sec. 1203. Designation of streams for wild and scenic river protection
in the Mount Hood area.
Sec. 1204. Mount Hood National Recreation Area.
Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and Cultus
Creek.
Sec. 1206. Land exchanges.
Sec. 1207. Tribal provisions; planning and studies.
Subtitle D--Copper Salmon Wilderness, Oregon
Sec. 1301. Designation of the Copper Salmon Wilderness.
Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon.
Sec. 1303. Protection of tribal rights.
Subtitle E--Cascade-Siskiyou National Monument, Oregon
Sec. 1401. Definitions.
[[Page 123 STAT. 992]]
Sec. 1402. Voluntary grazing lease donation program.
Sec. 1403. Box R Ranch land exchange.
Sec. 1404. Deerfield land exchange.
Sec. 1405. Soda Mountain Wilderness.
Sec. 1406. Effect.
Subtitle F--Owyhee Public Land Management
Sec. 1501. Definitions.
Sec. 1502. Owyhee Science Review and Conservation Center.
Sec. 1503. Wilderness areas.
Sec. 1504. Designation of wild and scenic rivers.
Sec. 1505. Land identified for disposal.
Sec. 1506. Tribal cultural resources.
Sec. 1507. Recreational travel management plans.
Sec. 1508. Authorization of appropriations.
Subtitle G--Sabinoso Wilderness, New Mexico
Sec. 1601. Definitions.
Sec. 1602. Designation of the Sabinoso Wilderness.
Subtitle H--Pictured Rocks National Lakeshore Wilderness
Sec. 1651. Definitions.
Sec. 1652. Designation of Beaver Basin Wilderness.
Sec. 1653. Administration.
Sec. 1654. Effect.
Subtitle I--Oregon Badlands Wilderness
Sec. 1701. Definitions.
Sec. 1702. Oregon Badlands Wilderness.
Sec. 1703. Release.
Sec. 1704. Land exchanges.
Sec. 1705. Protection of tribal treaty rights.
Subtitle J--Spring Basin Wilderness, Oregon
Sec. 1751. Definitions.
Sec. 1752. Spring Basin Wilderness.
Sec. 1753. Release.
Sec. 1754. Land exchanges.
Sec. 1755. Protection of tribal treaty rights.
Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness,
California
Sec. 1801. Definitions.
Sec. 1802. Designation of wilderness areas.
Sec. 1803. Administration of wilderness areas.
Sec. 1804. Release of wilderness study areas.
Sec. 1805. Designation of wild and scenic rivers.
Sec. 1806. Bridgeport Winter Recreation Area.
Sec. 1807. Management of area within Humboldt-Toiyabe National Forest.
Sec. 1808. Ancient Bristlecone Pine Forest.
Subtitle L--Riverside County Wilderness, California
Sec. 1851. Wilderness designation.
Sec. 1852. Wild and scenic river designations, Riverside County,
California.
Sec. 1853. Additions and technical corrections to Santa Rosa and San
Jacinto Mountains National Monument.
Subtitle M--Sequoia and Kings Canyon National Parks Wilderness,
California
Sec. 1901. Definitions.
Sec. 1902. Designation of wilderness areas.
Sec. 1903. Administration of wilderness areas.
Sec. 1904. Authorization of appropriations.
Subtitle N--Rocky Mountain National Park Wilderness, Colorado
Sec. 1951. Definitions.
Sec. 1952. Rocky Mountain National Park Wilderness, Colorado.
Sec. 1953. Grand River Ditch and Colorado-Big Thompson projects.
Sec. 1954. East Shore Trail Area.
Sec. 1955. National forest area boundary adjustments.
Sec. 1956. Authority to lease Leiffer tract.
[[Page 123 STAT. 993]]
Subtitle O--Washington County, Utah
Sec. 1971. Definitions.
Sec. 1972. Wilderness areas.
Sec. 1973. Zion National Park wilderness.
Sec. 1974. Red Cliffs National Conservation Area.
Sec. 1975. Beaver Dam Wash National Conservation Area.
Sec. 1976. Zion National Park wild and scenic river designation.
Sec. 1977. Washington County comprehensive travel and transportation
management plan.
Sec. 1978. Land disposal and acquisition.
Sec. 1979. Management of priority biological areas.
Sec. 1980. Public purpose conveyances.
Sec. 1981. Conveyance of Dixie National Forest land.
Sec. 1982. Transfer of land into trust for Shivwits Band of Paiute
Indians.
Sec. 1983. Authorization of appropriations.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
Sec. 2001. Definitions.
Sec. 2002. Establishment of the National Landscape Conservation System.
Sec. 2003. Authorization of appropriations.
Subtitle B--Prehistoric Trackways National Monument
Sec. 2101. Findings.
Sec. 2102. Definitions.
Sec. 2103. Establishment.
Sec. 2104. Administration.
Sec. 2105. Authorization of appropriations.
Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area
Sec. 2201. Definitions.
Sec. 2202. Establishment of the Fort Stanton-Snowy River Cave National
Conservation Area.
Sec. 2203. Management of the Conservation Area.
Sec. 2204. Authorization of appropriations.
Subtitle D--Snake River Birds of Prey National Conservation Area
Sec. 2301. Snake River Birds of Prey National Conservation Area.
Subtitle E--Dominguez-Escalante National Conservation Area
Sec. 2401. Definitions.
Sec. 2402. Dominguez-Escalante National Conservation Area.
Sec. 2403. Dominguez Canyon Wilderness Area.
Sec. 2404. Maps and legal descriptions.
Sec. 2405. Management of Conservation Area and Wilderness.
Sec. 2406. Management plan.
Sec. 2407. Advisory council.
Sec. 2408. Authorization of appropriations.
Subtitle F--Rio Puerco Watershed Management Program
Sec. 2501. Rio Puerco Watershed Management Program.
Subtitle G--Land Conveyances and Exchanges
Sec. 2601. Carson City, Nevada, land conveyances.
Sec. 2602. Southern Nevada limited transition area conveyance.
Sec. 2603. Nevada Cancer Institute land conveyance.
Sec. 2604. Turnabout Ranch land conveyance, Utah.
Sec. 2605. Boy Scouts land exchange, Utah.
Sec. 2606. Douglas County, Washington, land conveyance.
Sec. 2607. Twin Falls, Idaho, land conveyance.
Sec. 2608. Sunrise Mountain Instant Study Area release, Nevada.
Sec. 2609. Park City, Utah, land conveyance.
Sec. 2610. Release of reversionary interest in certain lands in Reno,
Nevada.
Sec. 2611. Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria.
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A--Watershed Restoration and Enhancement
Sec. 3001. Watershed restoration and enhancement agreements.
[[Page 123 STAT. 994]]
Subtitle B--Wildland Firefighter Safety
Sec. 3101. Wildland firefighter safety.
Subtitle C--Wyoming Range
Sec. 3201. Definitions.
Sec. 3202. Withdrawal of certain land in the Wyoming range.
Sec. 3203. Acceptance of the donation of valid existing mining or
leasing rights in the Wyoming range.
Subtitle D--Land Conveyances and Exchanges
Sec. 3301. Land conveyance to City of Coffman Cove, Alaska.
Sec. 3302. Beaverhead-Deerlodge National Forest land conveyance,
Montana.
Sec. 3303. Santa Fe National Forest; Pecos National Historical Park Land
Exchange.
Sec. 3304. Santa Fe National Forest Land Conveyance, New Mexico.
Sec. 3305. Kittitas County, Washington, land conveyance.
Sec. 3306. Mammoth Community Water District use restrictions.
Sec. 3307. Land exchange, Wasatch-Cache National Forest, Utah.
Sec. 3308. Boundary adjustment, Frank Church River of No Return
Wilderness.
Sec. 3309. Sandia pueblo land exchange technical amendment.
Subtitle E--Colorado Northern Front Range Study
Sec. 3401. Purpose.
Sec. 3402. Definitions.
Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study.
TITLE IV--FOREST LANDSCAPE RESTORATION
Sec. 4001. Purpose.
Sec. 4002. Definitions.
Sec. 4003. Collaborative Forest Landscape Restoration Program.
Sec. 4004. Authorization of appropriations.
TITLE V--RIVERS AND TRAILS
Subtitle A--Additions to the National Wild and Scenic Rivers System
Sec. 5001. Fossil Creek, Arizona.
Sec. 5002. Snake River Headwaters, Wyoming.
Sec. 5003. Taunton River, Massachusetts.
Subtitle B--Wild and Scenic Rivers Studies
Sec. 5101. Missisquoi and Trout Rivers Study.
Subtitle C--Additions to the National Trails System
Sec. 5201. Arizona National Scenic Trail.
Sec. 5202. New England National Scenic Trail.
Sec. 5203. Ice Age Floods National Geologic Trail.
Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic
Trail.
Sec. 5205. Pacific Northwest National Scenic Trail.
Sec. 5206. Trail of Tears National Historic Trail.
Subtitle D--National Trail System Amendments
Sec. 5301. National Trails System willing seller authority.
Sec. 5302. Revision of feasibility and suitability studies of existing
national historic trails.
Sec. 5303. Chisholm Trail and Great Western Trails Studies.
Subtitle E--Effect of Title
Sec. 5401. Effect.
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A--Cooperative Watershed Management Program
Sec. 6001. Definitions.
Sec. 6002. Program.
Sec. 6003. Effect of subtitle.
Subtitle B--Competitive Status for Federal Employees in Alaska
Sec. 6101. Competitive status for certain Federal employees in the State
of Alaska.
Subtitle C--Wolf Livestock Loss Demonstration Project
Sec. 6201. Definitions.
[[Page 123 STAT. 995]]
Sec. 6202. Wolf compensation and prevention program.
Sec. 6203. Authorization of appropriations.
Subtitle D--Paleontological Resources Preservation
Sec. 6301. Definitions.
Sec. 6302. Management.
Sec. 6303. Public awareness and education program.
Sec. 6304. Collection of paleontological resources.
Sec. 6305. Curation of resources.
Sec. 6306. Prohibited acts; criminal penalties.
Sec. 6307. Civil penalties.
Sec. 6308. Rewards and forfeiture.
Sec. 6309. Confidentiality.
Sec. 6310. Regulations.
Sec. 6311. Savings provisions.
Sec. 6312. Authorization of appropriations.
Subtitle E--Izembek National Wildlife Refuge Land Exchange
Sec. 6401. Definitions.
Sec. 6402. Land exchange.
Sec. 6403. King Cove Road.
Sec. 6404. Administration of conveyed lands.
Sec. 6405. Failure to begin road construction.
Sec. 6406. Expiration of legislative authority.
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Additions to the National Park System
Sec. 7001. Paterson Great Falls National Historical Park, New Jersey.
Sec. 7002. William Jefferson Clinton Birthplace Home National Historic
Site.
Sec. 7003. River Raisin National Battlefield Park.
Subtitle B--Amendments to Existing Units of the National Park System
Sec. 7101. Funding for Keweenaw National Historical Park.
Sec. 7102. Location of visitor and administrative facilities for Weir
Farm National Historic Site.
Sec. 7103. Little River Canyon National Preserve boundary expansion.
Sec. 7104. Hopewell Culture National Historical Park boundary expansion.
Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary
adjustment.
Sec. 7106. Minute Man National Historical Park.
Sec. 7107. Everglades National Park.
Sec. 7108. Kalaupapa National Historical Park.
Sec. 7109. Boston Harbor Islands National Recreation Area.
Sec. 7110. Thomas Edison National Historical Park, New Jersey.
Sec. 7111. Women's Rights National Historical Park.
Sec. 7112. Martin Van Buren National Historic Site.
Sec. 7113. Palo Alto Battlefield National Historical Park.
Sec. 7114. Abraham Lincoln Birthplace National Historical Park.
Sec. 7115. New River Gorge National River.
Sec. 7116. Technical corrections.
Sec. 7117. Dayton Aviation Heritage National Historical Park, Ohio.
Sec. 7118. Fort Davis National Historic Site.
Subtitle C--Special Resource Studies
Sec. 7201. Walnut Canyon study.
Sec. 7202. Tule Lake Segregation Center, California.
Sec. 7203. Estate Grange, St. Croix.
Sec. 7204. Harriet Beecher Stowe House, Maine.
Sec. 7205. Shepherdstown battlefield, West Virginia.
Sec. 7206. Green McAdoo School, Tennessee.
Sec. 7207. Harry S Truman Birthplace, Missouri.
Sec. 7208. Battle of Matewan special resource study.
Sec. 7209. Butterfield Overland Trail.
Sec. 7210. Cold War sites theme study.
Sec. 7211. Battle of Camden, South Carolina.
Sec. 7212. Fort San Geronimo, Puerto Rico.
Subtitle D--Program Authorizations
Sec. 7301. American Battlefield Protection Program.
[[Page 123 STAT. 996]]
Sec. 7302. Preserve America Program.
Sec. 7303. Save America's Treasures Program.
Sec. 7304. Route 66 Corridor Preservation Program.
Sec. 7305. National Cave and Karst Research Institute.
Subtitle E--Advisory Commissions
Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Advisory Commission.
Sec. 7402. Cape Cod National Seashore Advisory Commission.
Sec. 7403. Concessions Management Advisory Board.
Sec. 7404. St. Augustine 450th Commemoration Commission.
TITLE VIII--NATIONAL HERITAGE AREAS
Subtitle A--Designation of National Heritage Areas
Sec. 8001. Sangre de Cristo National Heritage Area, Colorado.
Sec. 8002. Cache La Poudre River National Heritage Area, Colorado.
Sec. 8003. South Park National Heritage Area, Colorado.
Sec. 8004. Northern Plains National Heritage Area, North Dakota.
Sec. 8005. Baltimore National Heritage Area, Maryland.
Sec. 8006. Freedom's Way National Heritage Area, Massachusetts and New
Hampshire.
Sec. 8007. Mississippi Hills National Heritage Area.
Sec. 8008. Mississippi Delta National Heritage Area.
Sec. 8009. Muscle Shoals National Heritage Area, Alabama.
Sec. 8010. Kenai Mountains-Turnagain Arm National Heritage Area, Alaska.
Subtitle B--Studies
Sec. 8101. Chattahoochee Trace, Alabama and Georgia.
Sec. 8102. Northern Neck, Virginia.
Subtitle C--Amendments Relating to National Heritage Corridors
Sec. 8201. Quinebaug and Shetucket Rivers Valley National Heritage
Corridor.
Sec. 8202. Delaware And Lehigh National Heritage Corridor.
Sec. 8203. Erie Canalway National Heritage Corridor.
Sec. 8204. John H. Chafee Blackstone River Valley National Heritage
Corridor.
Subtitle D--Effect of Title
Sec. 8301. Effect on access for recreational activities.
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A--Feasibility Studies
Sec. 9001. Snake, Boise, and Payette River systems, Idaho.
Sec. 9002. Sierra Vista Subwatershed, Arizona.
Sec. 9003. San Diego Intertie, California.
Subtitle B--Project Authorizations
Sec. 9101. Tumalo Irrigation District Water Conservation Project,
Oregon.
Sec. 9102. Madera Water Supply Enhancement Project, California.
Sec. 9103. Eastern New Mexico Rural Water System project, New Mexico.
Sec. 9104. Rancho California Water District project, California.
Sec. 9105. Jackson Gulch Rehabilitation Project, Colorado.
Sec. 9106. Rio Grande Pueblos, New Mexico.
Sec. 9107. Upper Colorado River endangered fish programs.
Sec. 9108. Santa Margarita River, California.
Sec. 9109. Elsinore Valley Municipal Water District.
Sec. 9110. North Bay Water Reuse Authority.
Sec. 9111. Prado Basin Natural Treatment System Project, California.
Sec. 9112. Bunker Hill Groundwater Basin, California.
Sec. 9113. GREAT Project, California.
Sec. 9114. Yucaipa Valley Water District, California.
Sec. 9115. Arkansas Valley Conduit, Colorado.
Subtitle C--Title Transfers and Clarifications
Sec. 9201. Transfer of McGee Creek pipeline and facilities.
Sec. 9202. Albuquerque Biological Park, New Mexico, title clarification.
Sec. 9203. Goleta Water District Water Distribution System, California.
Subtitle D--San Gabriel Basin Restoration Fund
Sec. 9301. Restoration Fund.
[[Page 123 STAT. 997]]
Subtitle E--Lower Colorado River Multi-Species Conservation Program
Sec. 9401. Definitions.
Sec. 9402. Implementation and water accounting.
Sec. 9403. Enforceability of program documents.
Sec. 9404. Authorization of appropriations.
Subtitle F--Secure Water
Sec. 9501. Findings.
Sec. 9502. Definitions.
Sec. 9503. Reclamation climate change and water program.
Sec. 9504. Water management improvement.
Sec. 9505. Hydroelectric power assessment.
Sec. 9506. Climate change and water intragovernmental panel.
Sec. 9507. Water data enhancement by United States Geological Survey.
Sec. 9508. National water availability and use assessment program.
Sec. 9509. Research agreement authority.
Sec. 9510. Effect.
Subtitle G--Aging Infrastructure
Sec. 9601 Definitions.
Sec. 9602. Guidelines and inspection of project facilities and technical
assistance to transferred works operating entities.
Sec. 9603. Extraordinary operation and maintenance work performed by the
Secretary.
Sec. 9604. Relationship to Twenty-First Century Water Works Act.
Sec. 9605. Authorization of appropriations.
TITLE X--WATER SETTLEMENTS
Subtitle A--San Joaquin River Restoration Settlement
PART I--San Joaquin River Restoration Settlement Act
Sec. 10001. Short title.
Sec. 10002. Purpose.
Sec. 10003. Definitions.
Sec. 10004. Implementation of settlement.
Sec. 10005. Acquisition and disposal of property; title to facilities.
Sec. 10006. Compliance with applicable law.
Sec. 10007. Compliance with Central Valley Project Improvement Act.
Sec. 10008. No private right of action.
Sec. 10009. Appropriations; Settlement Fund.
Sec. 10010. Repayment contracts and acceleration of repayment of
construction costs.
Sec. 10011. California Central Valley Spring Run Chinook salmon.
PART II--Study To Develop Water Plan; Report
Sec. 10101. Study to develop water plan; report.
PART III--Friant Division Improvements
Sec. 10201. Federal facility improvements.
Sec. 10202. Financial assistance for local projects.
Sec. 10203. Authorization of appropriations.
Subtitle B--Northwestern New Mexico Rural Water Projects
Sec. 10301. Short title.
Sec. 10302. Definitions.
Sec. 10303. Compliance with environmental laws.
Sec. 10304. No reallocation of costs.
Sec. 10305. Interest rate.
PART I--Amendments to the Colorado River Storage Project Act and Public
Law 87-483
Sec. 10401. Amendments to the Colorado River Storage Project Act.
Sec. 10402. Amendments to Public Law 87-483.
Sec. 10403. Effect on Federal water law.
PART II--Reclamation Water Settlements Fund
Sec. 10501. Reclamation Water Settlements Fund.
PART III--Navajo-Gallup Water Supply Project
Sec. 10601. Purposes.
[[Page 123 STAT. 998]]
Sec. 10602. Authorization of Navajo-Gallup Water Supply Project.
Sec. 10603. Delivery and use of Navajo-Gallup Water Supply Project
water.
Sec. 10604. Project contracts.
Sec. 10605. Navajo Nation Municipal Pipeline.
Sec. 10606. Authorization of conjunctive use wells.
Sec. 10607. San Juan River Navajo Irrigation Projects.
Sec. 10608. Other irrigation projects.
Sec. 10609. Authorization of appropriations.
PART IV--Navajo Nation Water Rights
Sec. 10701. Agreement.
Sec. 10702. Trust Fund.
Sec. 10703. Waivers and releases.
Sec. 10704. Water rights held in trust.
Subtitle C--Shoshone-Paiute Tribes of the Duck Valley Reservation Water
Rights Settlement
Sec. 10801. Findings.
Sec. 10802. Purposes.
Sec. 10803. Definitions.
Sec. 10804. Approval, ratification, and confirmation of agreement;
authorization.
Sec. 10805. Tribal water rights.
Sec. 10806. Duck Valley Indian Irrigation Project.
Sec. 10807. Development and Maintenance Funds.
Sec. 10808. Tribal waiver and release of claims.
Sec. 10809. Miscellaneous.
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
Sec. 11001. Reauthorization of the National Geologic Mapping Act of
1992.
Sec. 11002. New Mexico water resources study.
TITLE XII--OCEANS
Subtitle A--Ocean Exploration
PART I--Exploration
Sec. 12001. Purpose.
Sec. 12002. Program established.
Sec. 12003. Powers and duties of the Administrator.
Sec. 12004. Ocean exploration and undersea research technology and
infrastructure task force.
Sec. 12005. Ocean Exploration Advisory Board.
Sec. 12006. Authorization of appropriations.
PART II--NOAA Undersea Research Program Act of 2009
Sec. 12101. Short title.
Sec. 12102. Program established.
Sec. 12103. Powers of program director.
Sec. 12104. Administrative structure.
Sec. 12105. Research, exploration, education, and technology programs.
Sec. 12106. Competitiveness.
Sec. 12107. Authorization of appropriations.
Subtitle B--Ocean and Coastal Mapping Integration Act
Sec. 12201. Short title.
Sec. 12202. Establishment of program.
Sec. 12203. Interagency committee on ocean and coastal mapping.
Sec. 12204. Biannual reports.
Sec. 12205. Plan.
Sec. 12206. Effect on other laws.
Sec. 12207. Authorization of appropriations.
Sec. 12208. Definitions.
Subtitle C--Integrated Coastal and Ocean Observation System Act of 2009
Sec. 12301. Short title.
Sec. 12302. Purposes.
Sec. 12303. Definitions.
Sec. 12304. Integrated coastal and ocean observing system.
Sec. 12305. Interagency financing and agreements.
Sec. 12306. Application with other laws.
[[Page 123 STAT. 999]]
Sec. 12307. Report to Congress.
Sec. 12308. Public-private use policy.
Sec. 12309. Independent cost estimate.
Sec. 12310. Intent of Congress.
Sec. 12311. Authorization of appropriations.
Subtitle D--Federal Ocean Acidification Research and Monitoring Act of
2009
Sec. 12401. Short title.
Sec. 12402. Purposes.
Sec. 12403. Definitions.
Sec. 12404. Interagency subcommittee.
Sec. 12405. Strategic research plan.
Sec. 12406. NOAA ocean acidification activities.
Sec. 12407. NSF ocean acidification activities.
Sec. 12408. NASA ocean acidification activities.
Sec. 12409. Authorization of appropriations.
Subtitle E--Coastal and Estuarine Land Conservation Program
Sec. 12501. Short title.
Sec. 12502. Authorization of Coastal and Estuarine Land Conservation
Program.
TITLE XIII--MISCELLANEOUS
Sec. 13001. Management and distribution of North Dakota trust funds.
Sec. 13002. Amendments to the Fisheries Restoration and Irrigation
Mitigation Act of 2000.
Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act.
Sec. 13004. Additional Assistant Secretary for Department of Energy.
Sec. 13005. Lovelace Respiratory Research Institute.
Sec. 13006. Authorization of appropriations for National Tropical
Botanical Garden.
TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT
Sec. 14001. Short title.
Subtitle A--Paralysis Research
Sec. 14101. Activities of the National Institutes of Health with respect
to research on paralysis.
Subtitle B--Paralysis Rehabilitation Research and Care
Sec. 14201. Activities of the National Institutes of Health with respect
to research with implications for enhancing daily function
for persons with paralysis.
Subtitle C--Improving Quality of Life for Persons With Paralysis and
Other Physical Disabilities
Sec. 14301. Programs to improve quality of life for persons with
paralysis and other physical disabilities.
TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION
Sec. 15101. Laboratory and support space, Edgewater, Maryland.
Sec. 15102. Laboratory space, Gamboa, Panama.
Sec. 15103. Construction of greenhouse facility.
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A--Wild Monongahela Wilderness
SEC. 1001. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL FOREST,
WEST VIRGINIA.
(a) <<NOTE: 16 USC 1132 note.>> Designation.--In furtherance of the
purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following
Federal lands within the Monongahela National Forest in the State of
West Virginia are designated as wilderness and as either a new component
of the National Wilderness Preservation System or as an addition
[[Page 123 STAT. 1000]]
to an existing component of the National Wilderness Preservation System:
(1) Certain Federal land comprising approximately 5,144
acres, as generally depicted on the map entitled ``Big Draft
Proposed Wilderness'' and dated March 11, 2008, which shall be
known as the ``Big Draft Wilderness''.
(2) Certain Federal land comprising approximately 11,951
acres, as generally depicted on the map entitled ``Cranberry
Expansion Proposed Wilderness'' and dated March 11, 2008, which
shall be added to and administered as part of the Cranberry
Wilderness designated by section 1(1) of Public Law 97-466 (96
Stat. 2538).
(3) Certain Federal land comprising approximately 7,156
acres, as generally depicted on the map entitled ``Dolly Sods
Expansion Proposed Wilderness'' and dated March 11, 2008, which
shall be added to and administered as part of the Dolly Sods
Wilderness designated by section 3(a)(13) of Public Law 93-622
(88 Stat. 2098).
(4) Certain Federal land comprising approximately 698 acres,
as generally depicted on the map entitled ``Otter Creek
Expansion Proposed Wilderness'' and dated March 11, 2008, which
shall be added to and administered as part of the Otter Creek
Wilderness designated by section 3(a)(14) of Public Law 93-622
(88 Stat. 2098).
(5) Certain Federal land comprising approximately 6,792
acres, as generally depicted on the map entitled ``Roaring
Plains Proposed Wilderness'' and dated March 11, 2008, which
shall be known as the ``Roaring Plains West Wilderness''.
(6) Certain Federal land comprising approximately 6,030
acres, as generally depicted on the map entitled ``Spice Run
Proposed Wilderness'' and dated March 11, 2008, which shall be
known as the ``Spice Run Wilderness''.
(b) Maps and Legal Description.--
(1) Filing and availability.--As soon as practicable after
the date of the enactment of this Act, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall file with the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a map and legal description of each
wilderness area designated or expanded by subsection (a). The
maps and legal descriptions shall be on file and available for
public inspection in the office of the Chief of the Forest
Service and the office of the Supervisor of the Monongahela
National Forest.
(2) Force and effect.--The maps and legal descriptions
referred to in this subsection shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct errors in the maps and descriptions.
(c) Administration.--Subject to valid existing rights, the Federal
lands designated as wilderness by subsection (a) shall be administered
by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.). The Secretary may continue to authorize the competitive
running event permitted from 2003 through 2007 in the vicinity of the
boundaries of the Dolly Sods Wilderness addition designated by paragraph
(3) of subsection (a)
[[Page 123 STAT. 1001]]
and the Roaring Plains West Wilderness Area designated by paragraph (5)
of such subsection, in a manner compatible with the preservation of such
areas as wilderness.
(d) Effective Date of Wilderness Act.--With respect to the Federal
lands designated as wilderness by subsection (a), any reference in the
Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the
Wilderness Act shall be deemed to be a reference to the date of the
enactment of this Act.
(e) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects
the jurisdiction or responsibility of the State of West Virginia with
respect to wildlife and fish.
SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS,
MONONGAHELA NATIONAL FOREST.
(a) <<NOTE: 16 USC 1132 note.>> Boundary Adjustment.--The boundary
of the Laurel Fork South Wilderness designated by section 1(3) of Public
Law 97-466 (96 Stat. 2538) is modified to exclude two parcels of land,
as generally depicted on the map entitled ``Monongahela National Forest
Laurel Fork South Wilderness Boundary Modification'' and dated March 11,
2008, and more particularly described according to the site-specific
maps and legal descriptions on file in the office of the Forest
Supervisor, Monongahela National Forest. The general map shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service.
(b) Management.--Federally owned land delineated on the maps
referred to in subsection (a) as the Laurel Fork South Wilderness, as
modified by such subsection, shall continue to be administered by the
Secretary of Agriculture in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.).
SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.
(a) In General.--The boundary of the Monongahela National Forest is
confirmed to include the tracts of land as generally depicted on the map
entitled ``Monongahela National Forest Boundary Confirmation'' and dated
March 13, 2008, and all Federal lands under the jurisdiction of the
Secretary of Agriculture, acting through the Chief of the Forest
Service, encompassed within such boundary shall be managed under the
laws and regulations pertaining to the National Forest System.
(b) Land and Water Conservation Fund.--For the purposes of section 7
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundaries of the Monongahela National Forest, as confirmed by
subsection (a), shall be considered to be the boundaries of the
Monongahela National Forest as of January 1, 1965.
SEC. 1004. ENHANCED TRAIL OPPORTUNITIES.
(a) Plan.--
(1) In general.--The Secretary of Agriculture, in
consultation with interested parties, shall develop a plan to
provide for enhanced nonmotorized recreation trail opportunities
on lands not designated as wilderness within the Monongahela
National Forest.
(2) Nonmotorized recreation trail defined.--For the purposes
of this subsection, the term ``nonmotorized recreation
[[Page 123 STAT. 1002]]
trail'' means a trail designed for hiking, bicycling, and
equestrian use.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to
Congress a report on the implementation of the plan required under
subsection (a), including the identification of priority trails for
development.
(c) Consideration of Conversion of Forest Roads to Recreational
Uses.--In considering possible closure and decommissioning of a Forest
Service road within the Monongahela National Forest after the date of
the enactment of this Act, the Secretary of Agriculture, in accordance
with applicable law, may consider converting the road to nonmotorized
uses to enhance recreational opportunities within the Monongahela
National Forest.
Subtitle B--Virginia Ridge and Valley Wilderness
SEC. 1101. <<NOTE: 16 USC 546b note.>> DEFINITIONS.
In this subtitle:
(1) Scenic areas.--The term ``scenic areas'' means the Seng
Mountain National Scenic Area and the Bear Creek National Scenic
Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND
IN JEFFERSON NATIONAL FOREST AS
WILDERNESS OR A WILDERNESS STUDY AREA.
(a) Designation of Wilderness.--Section 1 of Public Law 100-326 (16
U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), is amended--
(1) in the matter preceding paragraph (1), by striking
``System--'' and inserting ``System:'';
(2) by striking ``certain'' each place it appears and
inserting ``Certain'';
(3) in each of paragraphs (1) through (6), by striking the
semicolon at the end and inserting a period;
(4) in paragraph (7), by striking ``; and'' and inserting a
period; and
(5) by adding at the end the following:
``(9) Certain land in the Jefferson National Forest
comprising approximately 3,743 acres, as generally depicted on
the map entitled `Brush Mountain and Brush Mountain East' and
dated May 5, 2008, which shall be known as the `Brush Mountain
East Wilderness'.
``(10) Certain land in the Jefferson National Forest
comprising approximately 4,794 acres, as generally depicted on
the map entitled `Brush Mountain and Brush Mountain East' and
dated May 5, 2008, which shall be known as the `Brush Mountain
Wilderness'.
``(11) Certain land in the Jefferson National Forest
comprising approximately 4,223 acres, as generally depicted on
the map entitled `Seng Mountain and Raccoon Branch' and dated
April 28, 2008, which shall be known as the `Raccoon Branch
Wilderness'.
[[Page 123 STAT. 1003]]
``(12) Certain land in the Jefferson National Forest
comprising approximately 3,270 acres, as generally depicted on
the map entitled `Stone Mountain' and dated April 28, 2008,
which shall be known as the `Stone Mountain Wilderness'.
``(13) Certain land in the Jefferson National Forest
comprising approximately 8,470 acres, as generally depicted on
the map entitled `Garden Mountain and Hunting Camp Creek' and
dated April 28, 2008, which shall be known as the `Hunting Camp
Creek Wilderness'.
``(14) Certain land in the Jefferson National Forest
comprising approximately 3,291 acres, as generally depicted on
the map entitled `Garden Mountain and Hunting Camp Creek' and
dated April 28, 2008, which shall be known as the `Garden
Mountain Wilderness'.
``(15) Certain land in the Jefferson National Forest
comprising approximately 5,476 acres, as generally depicted on
the map entitled `Mountain Lake Additions' and dated April 28,
2008, which is incorporated in the Mountain Lake Wilderness
designated by section 2(6) of the Virginia Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-586).
``(16) Certain land in the Jefferson National Forest
comprising approximately 308 acres, as generally depicted on the
map entitled `Lewis Fork Addition and Little Wilson Creek
Additions' and dated April 28, 2008, which is incorporated in
the Lewis Fork Wilderness designated by section 2(3) of the
Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-586).
``(17) Certain land in the Jefferson National Forest
comprising approximately 1,845 acres, as generally depicted on
the map entitled `Lewis Fork Addition and Little Wilson Creek
Additions' and dated April 28, 2008, which is incorporated in
the Little Wilson Creek Wilderness designated by section 2(5) of
the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public
Law 98-586).
``(18) Certain land in the Jefferson National Forest
comprising approximately 2,219 acres, as generally depicted on
the map entitled `Shawvers Run Additions' and dated April 28,
2008, which is incorporated in the Shawvers Run Wilderness
designated by paragraph (4).
``(19) Certain land in the Jefferson National Forest
comprising approximately 1,203 acres, as generally depicted on
the map entitled `Peters Mountain Addition' and dated April 28,
2008, which is incorporated in the Peters Mountain Wilderness
designated by section 2(7) of the Virginia Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-586).
``(20) Certain land in the Jefferson National Forest
comprising approximately 263 acres, as generally depicted on the
map entitled `Kimberling Creek Additions and Potential
Wilderness Area' and dated April 28, 2008, which is incorporated
in the Kimberling Creek Wilderness designated by section 2(2) of
the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public
Law 98-586).''.
(b) Designation of Wilderness Study Area.--The Virginia Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-586) is amended--
(1) in the first section, by inserting ``as'' after
``cited''; and
(2) in section 6(a)--
[[Page 123 STAT. 1004]]
(A) by striking ``certain'' each place it appears
and inserting ``Certain'';
(B) in each of paragraphs (1) and (2), by striking
the semicolon at the end and inserting a period;
(C) in paragraph (3), by striking ``; and'' and
inserting a period; and
(D) by adding at the end the following:
``(5) Certain land in the Jefferson National Forest
comprising approximately 3,226 acres, as generally depicted on
the map entitled `Lynn Camp Creek Wilderness Study Area' and
dated April 28, 2008, which shall be known as the `Lynn Camp
Creek Wilderness Study Area'.''.
SEC. 1103. <<NOTE: 16 USC 1132 note.>> DESIGNATION OF KIMBERLING
CREEK POTENTIAL WILDERNESS AREA,
JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the Jefferson National
Forest comprising approximately 349 acres, as generally depicted on the
map entitled ``Kimberling Creek Additions and Potential Wilderness
Area'' and dated April 28, 2008, is designated as a potential wilderness
area for incorporation in the Kimberling Creek Wilderness designated by
section 2(2) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132
note; Public Law 98-586).
(b) Management.--Except as provided in subsection (c) and subject to
valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, and any other activity
necessary to restore the natural ecosystems in the potential
wilderness area), the Secretary may use motorized equipment and
mechanized transport in the potential wilderness area until the
date on which the potential wilderness area is incorporated into
the Kimberling Creek Wilderness.
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration with the least
amount of adverse impact on wilderness character and resources.
(d) <<NOTE: Effective date.>> Wilderness Designation.--The
potential wilderness area shall be designated as wilderness and
incorporated in the Kimberling Creek Wilderness on the earlier of--
(1) <<NOTE: Federal Register, publication. Notice.>> the
date on which the Secretary publishes in the Federal Register
notice that the conditions in the potential wilderness area that
are incompatible with the Wilderness Act (16 U.S.C. 1131 et
seq.) have been removed; or
(2) the date that is 5 years after the date of enactment of
this Act.
SEC. 1104. <<NOTE: 16 USC 546b.>> SENG MOUNTAIN AND BEAR CREEK
SCENIC AREAS, JEFFERSON NATIONAL FOREST,
VIRGINIA.
(a) Establishment.--There are designated as National Scenic Areas--
[[Page 123 STAT. 1005]]
(1) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,192 acres, as
generally depicted on the map entitled ``Seng Mountain and
Raccoon Branch'' and dated April 28, 2008, which shall be known
as the ``Seng Mountain National Scenic Area''; and
(2) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,128 acres, as
generally depicted on the map entitled ``Bear Creek'' and dated
April 28, 2008, which shall be known as the ``Bear Creek
National Scenic Area''.
(b) Purposes.--The purposes of the scenic areas are--
(1) to ensure the protection and preservation of scenic
quality, water quality, natural characteristics, and water
resources of the scenic areas;
(2) consistent with paragraph (1), to protect wildlife and
fish habitat in the scenic areas;
(3) to protect areas in the scenic areas that may develop
characteristics of old-growth forests; and
(4) consistent with paragraphs (1), (2), and (3), to provide
a variety of recreation opportunities in the scenic areas.
(c) Administration.--
(1) In general.--The Secretary shall administer the scenic
areas in accordance with--
(A) this subtitle; and
(B) the laws (including regulations) generally
applicable to the National Forest System.
(2) Authorized uses.--The Secretary shall only allow uses of
the scenic areas that the Secretary determines will further the
purposes of the scenic areas, as described in subsection (b).
(d) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
develop as an amendment to the land and resource management plan
for the Jefferson National Forest a management plan for the
scenic areas.
(2) Effect.--Nothing in this subsection requires the
Secretary to revise the land and resource management plan for
the Jefferson National Forest under section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604).
(e) Roads.--
(1) In general.--Except as provided in paragraph (2), after
the date of enactment of this Act, no roads shall be established
or constructed within the scenic areas.
(2) Limitation.--Nothing in this subsection denies any owner
of private land (or an interest in private land) that is located
in a scenic area the right to access the private land.
(f) Timber Harvest.--
(1) In general.--Except as provided in paragraphs (2) and
(3), no harvesting of timber shall be allowed within the scenic
areas.
(2) Exceptions.--The Secretary may authorize harvesting of
timber in the scenic areas if the Secretary determines that the
harvesting is necessary to--
(A) control fire;
[[Page 123 STAT. 1006]]
(B) provide for public safety or trail access; or
(C) control insect and disease outbreaks.
(3) Firewood for personal use.--Firewood may be harvested
for personal use along perimeter roads in the scenic areas,
subject to any conditions that the Secretary may impose.
(g) Insect and Disease Outbreaks.--The Secretary may control insect
and disease outbreaks--
(1) to maintain scenic quality;
(2) to prevent tree mortality;
(3) to reduce hazards to visitors; or
(4) to protect private land.
(h) Vegetation Management.--The Secretary may engage in vegetation
manipulation practices in the scenic areas to maintain the visual
quality and wildlife clearings in existence on the date of enactment of
this Act.
(i) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (2),
motorized vehicles shall not be allowed within the scenic areas.
(2) Exceptions.--The Secretary may authorize the use of
motorized vehicles--
(A) to carry out administrative activities that
further the purposes of the scenic areas, as described
in subsection (b);
(B) to assist wildlife management projects in
existence on the date of enactment of this Act; and
(C) during deer and bear hunting seasons--
(i) on Forest Development Roads 49410 and 84b;
and
(ii) on the portion of Forest Development Road
6261 designated on the map described in subsection
(a)(2) as ``open seasonally''.
(j) Wildfire Suppression.--Wildfire suppression within the scenic
areas shall be conducted--
(1) in a manner consistent with the purposes of the scenic
areas, as described in subsection (b); and
(2) using such means as the Secretary determines to be
appropriate.
(k) Water.--The Secretary shall administer the scenic areas in a
manner that maintains and enhances water quality.
(l) Withdrawal.--Subject to valid existing rights, all Federal land
in the scenic areas is withdrawn from--
(1) location, entry, and patent under the mining laws; and
(2) operation of the mineral leasing and geothermal leasing
laws.
SEC. 1105. TRAIL PLAN AND DEVELOPMENT.
(a) Trail Plan.--The Secretary, in consultation with interested
parties, shall establish a trail plan to develop--
(1) in a manner consistent with the Wilderness Act (16
U.S.C. 1131 et seq.), hiking and equestrian trails in the
wilderness areas designated by paragraphs (9) through (20) of
section 1 of Public Law 100-326 (16 U.S.C. 1132 note) (as added
by section 1102(a)(5)); and
(2) nonmotorized recreation trails in the scenic areas.
(b) Implementation Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to
[[Page 123 STAT. 1007]]
Congress a report that describes the implementation of the trail plan,
including the identification of priority trails for development.
(c) Sustainable Trail Required.--The Secretary shall develop a
sustainable trail, using a contour curvilinear alignment, to provide for
nonmotorized travel along the southern boundary of the Raccoon Branch
Wilderness established by section 1(11) of Public Law 100-326 (16 U.S.C.
1132 note) (as added by section 1102(a)(5)) connecting to Forest
Development Road 49352 in Smyth County, Virginia.
SEC. 1106. <<NOTE: 16 USC 546b-1.>> MAPS AND BOUNDARY
DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file with the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
and the Committee on Agriculture of the House of Representatives maps
and boundary descriptions of--
(1) the scenic areas;
(2) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100-326 (16 U.S.C. 1132
note) (as added by section 1102(a)(5));
(3) the wilderness study area designated by section 6(a)(5)
of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-586) (as added by section 1102(b)(2)(D)); and
(4) the potential wilderness area designated by section
1103(a).
(b) Force and Effect.--The maps and boundary descriptions filed
under subsection (a) shall have the same force and effect as if included
in this subtitle, except that the Secretary may correct any minor errors
in the maps and boundary descriptions.
(c) Availability of Map and Boundary Description.--The maps and
boundary descriptions filed under subsection (a) shall be on file and
available for public inspection in the Office of the Chief of the Forest
Service.
(d) Conflict.--In the case of a conflict between a map filed under
subsection (a) and the acreage of the applicable areas specified in this
subtitle, the map shall control.
SEC. 1107. EFFECTIVE DATE.
Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the
effective date of that Act shall be considered to be a reference to the
date of enactment of this Act for purposes of administering--
(1) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100-326 (16 U.S.C. 1132
note) (as added by section 1102(a)(5)); and
(2) the potential wilderness area designated by section
1103(a).
Subtitle C--Mt. Hood Wilderness, Oregon
SEC. 1201. <<NOTE: 16 USC 460uuu note.>> DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
[[Page 123 STAT. 1008]]
SEC. 1202. DESIGNATION OF WILDERNESS AREAS.
(a) <<NOTE: 16 USC 1132 note.>> Designation of Lewis and Clark
Mount Hood Wilderness Areas.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State of Oregon are
designated as wilderness areas and as components of the National
Wilderness Preservation System:
(1) Badger creek wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 4,140
acres, as generally depicted on the maps entitled ``Badger Creek
Wilderness--Badger Creek Additions'' and ``Badger Creek
Wilderness--Bonney Butte'', dated July 16, 2007, which is
incorporated in, and considered to be a part of, the Badger
Creek Wilderness, as designated by section 3(3) of the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(2) Bull of the woods wilderness addition.--Certain Federal
land managed by the Forest Service, comprising approximately
10,180 acres, as generally depicted on the map entitled ``Bull
of the Woods Wilderness--Bull of the Woods Additions'', dated
July 16, 2007, which is incorporated in, and considered to be a
part of, the Bull of the Woods Wilderness, as designated by
section 3(4) of the Oregon Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 273).
(3) Clackamas wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 9,470 acres, as
generally depicted on the maps entitled ``Clackamas Wilderness--
Big Bottom'', ``Clackamas Wilderness--Clackamas Canyon'',
``Clackamas Wilderness--Memaloose Lake'', ``Clackamas
Wilderness--Sisi Butte'', and ``Clackamas Wilderness--South Fork
Clackamas'', dated July 16, 2007, which shall be known as the
``Clackamas Wilderness''.
(4) Mark o. hatfield wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
25,960 acres, as generally depicted on the maps entitled ``Mark
O. Hatfield Wilderness--Gorge Face'' and ``Mark O. Hatfield
Wilderness--Larch Mountain'', dated July 16, 2007, which is
incorporated in, and considered to be a part of, the Mark O.
Hatfield Wilderness, as designated by section 3(1) of the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(5) Mount hood wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 18,450
acres, as generally depicted on the maps entitled ``Mount Hood
Wilderness--Barlow Butte'', ``Mount Hood Wilderness--Elk Cove/
Mazama'', ``Richard L. Kohnstamm Memorial Area'', ``Mount Hood
Wilderness--Sand Canyon'', ``Mount Hood Wilderness--Sandy
Additions'', ``Mount Hood Wilderness--Twin Lakes'', and ``Mount
Hood Wilderness--White River'', dated July 16, 2007, and the map
entitled ``Mount Hood Wilderness--Cloud Cap'', dated July 20,
2007, which is incorporated in, and considered to be a part of,
the Mount Hood Wilderness, as designated under section 3(a) of
the Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section
3(d) of the Endangered American Wilderness Act of 1978 (16
U.S.C. 1132 note; 92 Stat. 43).
(6) Roaring river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately
[[Page 123 STAT. 1009]]
36,550 acres, as generally depicted on the map entitled
``Roaring River Wilderness--Roaring River Wilderness'', dated
July 16, 2007, which shall be known as the ``Roaring River
Wilderness''.
(7) Salmon-huckleberry wilderness additions.--Certain
Federal land managed by the Forest Service, comprising
approximately 16,620 acres, as generally depicted on the maps
entitled ``Salmon-Huckleberry Wilderness--Alder Creek
Addition'', ``Salmon-Huckleberry Wilderness--Eagle Creek
Addition'', ``Salmon-Huckleberry Wilderness--Hunchback
Mountain'', ``Salmon-Huckleberry Wilderness--Inch Creek'',
``Salmon-Huckleberry Wilderness--Mirror Lake'', and ``Salmon-
Huckleberry Wilderness--Salmon River Meadows'', dated July 16,
2007, which is incorporated in, and considered to be a part of,
the Salmon-Huckleberry Wilderness, as designated by section 3(2)
of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 273).
(8) Lower white river wilderness.--Certain Federal land
managed by the Forest Service and Bureau of Land Management,
comprising approximately 2,870 acres, as generally depicted on
the map entitled ``Lower White River Wilderness--Lower White
River'', dated July 16, 2007, which shall be known as the
``Lower White River Wilderness''.
(b) <<NOTE: 16 USC 431 note.>> Richard L. Kohnstamm Memorial
Area.--Certain Federal land managed by the Forest Service, as generally
depicted on the map entitled ``Richard L. Kohnstamm Memorial Area'',
dated July 16, 2007, is designated as the ``Richard L. Kohnstamm
Memorial Area''.
(c) <<NOTE: 16 USC 1132 note.>> Potential Wilderness Area;
Additions to Wilderness Areas.--
(1) Roaring river potential wilderness area.--
(A) In general.--In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131 et seq.), certain
Federal land managed by the Forest Service, comprising
approximately 900 acres identified as ``Potential
Wilderness'' on the map entitled ``Roaring River
Wilderness'', dated July 16, 2007, is designated as a
potential wilderness area.
(B) Management.--The potential wilderness area
designated by subparagraph (A) shall be managed in
accordance with section 4 of the Wilderness Act (16
U.S.C. 1133).
(C) <<NOTE: Effective date. Federal Register,
publication. Notice.>> Designation as wilderness.--On
the date on which the Secretary publishes in the Federal
Register notice that the conditions in the potential
wilderness area designated by subparagraph (A) are
compatible with the Wilderness Act (16 U.S.C. 1131 et
seq.), the potential wilderness shall be--
(i) designated as wilderness and as a
component of the National Wilderness Preservation
System; and
(ii) incorporated into the Roaring River
Wilderness designated by subsection (a)(6).
(2) Addition to the mount hood wilderness.--On completion of
the land exchange under section 1206(a)(2), certain Federal land
managed by the Forest Service, comprising approximately 1,710
acres, as generally depicted on the map entitled ``Mount Hood
Wilderness--Tilly Jane'', dated July 20, 2007, shall be
incorporated in, and considered to be a part of, the Mount Hood
Wilderness, as designated under section 3(a) of the Wilderness
Act (16 U.S.C. 1132(a)) and enlarged
[[Page 123 STAT. 1010]]
by section 3(d) of the Endangered American Wilderness Act of
1978 (16 U.S.C. 1132 note; 92 Stat. 43) and subsection (a)(5).
(3) Addition to the salmon-huckleberry wilderness.--On
acquisition by the United States, the approximately 160 acres of
land identified as ``Land to be acquired by USFS'' on the map
entitled ``Hunchback Mountain Land Exchange, Clackamas County'',
dated June 2006, shall be incorporated in, and considered to be
a part of, the Salmon-Huckleberry Wilderness, as designated by
section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 273) and enlarged by subsection (a)(7).
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area and potential
wilderness area designated by this section, with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(4) Description of land.--The boundaries of the areas
designated as wilderness by subsection (a) that are immediately
adjacent to a utility right-of-way or a Federal Energy
Regulatory Commission project boundary shall be 100 feet from
the boundary of the right-of-way or the project boundary.
(e) Administration.--
(1) In general.--Subject to valid existing rights, each area
designated as wilderness by this section shall be administered
by the Secretary that has jurisdiction over the land within the
wilderness, in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(A) any reference in that Act to the effective date
shall be considered to be a reference to the date of
enactment of this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the land within the
wilderness.
(2) Incorporation of acquired land and interests.--Any land
within the boundary of a wilderness area designated by this
section that is acquired by the United States shall--
(A) become part of the wilderness area in which the
land is located; and
(B) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(f) Buffer Zones.--
[[Page 123 STAT. 1011]]
(1) In general.--As provided in the Oregon Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-328), Congress does not
intend for designation of wilderness areas in the State under
this section to lead to the creation of protective perimeters or
buffer zones around each wilderness area.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(g) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife.
(h) Fire, Insects, and Diseases.--As provided in section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness areas
designated by this section, the Secretary that has jurisdiction over the
land within the wilderness (referred to in this subsection as the
``Secretary'') may take such measures as are necessary to control fire,
insects, and diseases, subject to such terms and conditions as the
Secretary determines to be desirable and appropriate.
(i) Withdrawal.--Subject to valid rights in existence on the date of
enactment of this Act, the Federal land designated as wilderness by this
section is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER
PROTECTION IN THE MOUNT HOOD AREA.
(a) Wild and Scenic River Designations, Mount Hood National
Forest.--
(1) In general.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(171) South fork clackamas river, oregon.--The 4.2-mile
segment of the South Fork Clackamas River from its confluence
with the East Fork of the South Fork Clackamas to its confluence
with the Clackamas River, to be administered by the Secretary of
Agriculture as a wild river.
``(172) Eagle creek, oregon.--The 8.3-mile segment of Eagle
Creek from its headwaters to the Mount Hood National Forest
boundary, to be administered by the Secretary of Agriculture as
a wild river.
``(173) Middle fork hood river.--The 3.7-mile segment of the
Middle Fork Hood River from the confluence of Clear and Coe
Branches to the north section line of section 11, township 1
south, range 9 east, to be administered by the Secretary of
Agriculture as a scenic river.
``(174) South fork roaring river, oregon.--The 4.6-mile
segment of the South Fork Roaring River from its headwaters to
its confluence with Roaring River, to be administered by the
Secretary of Agriculture as a wild river.
``(175) Zig zag river, oregon.--The 4.3-mile segment of the
Zig Zag River from its headwaters to the Mount Hood
[[Page 123 STAT. 1012]]
Wilderness boundary, to be administered by the Secretary of
Agriculture as a wild river.
``(176) Fifteenmile creek, oregon.--
``(A) In general.--The 11.1-mile segment of
Fifteenmile Creek from its source at Senecal Spring to
the southern edge of the northwest quarter of the
northwest quarter of section 20, township 2 south, range
12 east, to be administered by the Secretary of
Agriculture in the following classes:
``(i) The 2.6-mile segment from its source at
Senecal Spring to the Badger Creek Wilderness
boundary, as a wild river.
``(ii) The 0.4-mile segment from the Badger
Creek Wilderness boundary to the point 0.4 miles
downstream, as a scenic river.
``(iii) The 7.9-mile segment from the point
0.4 miles downstream of the Badger Creek
Wilderness boundary to the western edge of section
20, township 2 south, range 12 east as a wild
river.
``(iv) The 0.2-mile segment from the western
edge of section 20, township 2 south, range 12
east, to the southern edge of the northwest
quarter of the northwest quarter of section 20,
township 2 south, range 12 east as a scenic river.
``(B) Inclusions.--Notwithstanding section 3(b), the
lateral boundaries of both the wild river area and the
scenic river area along Fifteenmile Creek shall include
an average of not more than 640 acres per mile measured
from the ordinary high water mark on both sides of the
river.
``(177) East fork hood river, oregon.--The 13.5-mile segment
of the East Fork Hood River from Oregon State Highway 35 to the
Mount Hood National Forest boundary, to be administered by the
Secretary of Agriculture as a recreational river.
``(178) Collawash river, oregon.--The 17.8-mile segment of
the Collawash River from the headwaters of the East Fork
Collawash to the confluence of the mainstream of the Collawash
River with the Clackamas River, to be administered by the
Secretary of Agriculture in the following classes:
``(A) The 11.0-mile segment from the headwaters of
the East Fork Collawash River to Buckeye Creek, as a
scenic river.
``(B) The 6.8-mile segment from Buckeye Creek to the
Clackamas River, as a recreational river.
``(179) Fish creek, oregon.--The 13.5-mile segment of Fish
Creek from its headwaters to the confluence with the Clackamas
River, to be administered by the Secretary of Agriculture as a
recreational river.''.
(2) <<NOTE: 16 USC 1274 note.>> Effect.--The amendments
made by paragraph (1) do not affect valid existing water rights.
(b) Protection for Hood River, Oregon.--Section 13(a)(4) of the
``Columbia River Gorge National Scenic Area Act'' (16 U.S.C. 544k(a)(4))
is amended by striking ``for a period not to exceed twenty years from
the date of enactment of this Act,''.
[[Page 123 STAT. 1013]]
SEC. 1204. <<NOTE: 16 USC 460uuu.>> MOUNT HOOD NATIONAL
RECREATION AREA.
(a) Designation.--To provide for the protection, preservation, and
enhancement of recreational, ecological, scenic, cultural, watershed,
and fish and wildlife values, there is established the Mount Hood
National Recreation Area within the Mount Hood National Forest.
(b) Boundary.--The Mount Hood National Recreation Area shall consist
of certain Federal land managed by the Forest Service and Bureau of Land
Management, comprising approximately 34,550 acres, as generally depicted
on the maps entitled ``National Recreation Areas--Mount Hood NRA'',
``National Recreation Areas--Fifteenmile Creek NRA'', and ``National
Recreation Areas--Shellrock Mountain'', dated February 2007.
(c) Map and Legal Description.--
(1) Submission of legal description.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
file a map and a legal description of the Mount Hood National
Recreation Area with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
typographical errors in the map and the legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(d) Administration.--
(1) In general.--The Secretary shall--
(A) administer the Mount Hood National Recreation
Area--
(i) in accordance with the laws (including
regulations) and rules applicable to the National
Forest System; and
(ii) consistent with the purposes described in
subsection (a); and
(B) only allow uses of the Mount Hood National
Recreation Area that are consistent with the purposes
described in subsection (a).
(2) Applicable law.--Any portion of a wilderness area
designated by section 1202 that is located within the Mount Hood
National Recreation Area shall be administered in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.).
(e) Timber.--The cutting, sale, or removal of timber within the
Mount Hood National Recreation Area may be permitted--
(1) to the extent necessary to improve the health of the
forest in a manner that--
(A) maximizes the retention of large trees--
(i) as appropriate to the forest type; and
(ii) to the extent that the trees promote
stands that are fire-resilient and healthy;
(B) improves the habitats of threatened, endangered,
or sensitive species; or
[[Page 123 STAT. 1014]]
(C) maintains or restores the composition and
structure of the ecosystem by reducing the risk of
uncharacteristic wildfire;
(2) to accomplish an approved management activity in
furtherance of the purposes established by this section, if the
cutting, sale, or removal of timber is incidental to the
management activity; or
(3) for de minimus personal or administrative use within the
Mount Hood National Recreation Area, where such use will not
impair the purposes established by this section.
(f) Road Construction.--No new or temporary roads shall be
constructed or reconstructed within the Mount Hood National Recreation
Area except as necessary--
(1) to protect the health and safety of individuals in cases
of an imminent threat of flood, fire, or any other catastrophic
event that, without intervention, would cause the loss of life
or property;
(2) to conduct environmental cleanup required by the United
States;
(3) to allow for the exercise of reserved or outstanding
rights provided for by a statute or treaty;
(4) to prevent irreparable resource damage by an existing
road; or
(5) to rectify a hazardous road condition.
(g) Withdrawal.--Subject to valid existing rights, all Federal land
within the Mount Hood National Recreation Area is withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing.
(h) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the
Federal land described in paragraph (2) is transferred from the
Bureau of Land Management to the Forest Service.
(2) Description of land.--The land referred to in paragraph
(1) is the approximately 130 acres of land administered by the
Bureau of Land Management that is within or adjacent to the
Mount Hood National Recreation Area and that is identified as
``BLM Lands'' on the map entitled ``National Recreation Areas--
Shellrock Mountain'', dated February 2007.
SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM, AND
CULTUS CREEK.
(a) <<NOTE: 16 USC 539n.>> Crystal Springs Watershed Special
Resources Management Unit.--
(1) Establishment.--
(A) In general.--On completion of the land exchange
under section 1206(a)(2), there shall be established a
special resources management unit in the State
consisting of certain Federal land managed by the Forest
Service, as generally depicted on the map entitled
``Crystal Springs Watershed Special Resources Management
Unit'', dated June 2006 (referred to in this subsection
as the ``map''), to be known as the ``Crystal Springs
Watershed Special
[[Page 123 STAT. 1015]]
Resources Management Unit'' (referred to in this
subsection as the ``Management Unit'').
(B) Exclusion of certain land.--The Management Unit
does not include any National Forest System land
otherwise covered by subparagraph (A) that is designated
as wilderness by section 1202.
(C) Withdrawal.--
(i) In general.--Subject to valid rights in
existence on the date of enactment of this Act,
the Federal land designated as the Management Unit
is withdrawn from all forms of--
(I) entry, appropriation, or
disposal under the public land laws;
(II) location, entry, and patent
under the mining laws; and
(III) disposition under all laws
pertaining to mineral and geothermal
leasing or mineral materials.
(ii) Exception.--Clause (i)(I) does not apply
to the parcel of land generally depicted as ``HES
151'' on the map.
(2) Purposes.--The purposes of the Management Unit are--
(A) to ensure the protection of the quality and
quantity of the Crystal Springs watershed as a clean
drinking water source for the residents of Hood River
County, Oregon; and
(B) to allow visitors to enjoy the special scenic,
natural, cultural, and wildlife values of the Crystal
Springs watershed.
(3) Map and legal description.--
(A) Submission of legal description.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and a legal description of
the Management Unit with--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(B) Force of law.--The map and legal description
filed under subparagraph (A) shall have the same force
and effect as if included in this subtitle, except that
the Secretary may correct typographical errors in the
map and legal description.
(C) Public availability.--The map and legal
description filed under subparagraph (A) shall be on
file and available for public inspection in the
appropriate offices of the Forest Service.
(4) Administration.--
(A) In general.--The Secretary shall--
(i) administer the Management Unit--
(I) in accordance with the laws
(including regulations) and rules
applicable to units of the National
Forest System; and
(II) consistent with the purposes
described in paragraph (2); and
[[Page 123 STAT. 1016]]
(ii) only allow uses of the Management Unit
that are consistent with the purposes described in
paragraph (2).
(B) Fuel reduction in proximity to improvements and
primary public roads.--To protect the water quality,
water quantity, and scenic, cultural, natural, and
wildlife values of the Management Unit, the Secretary
may conduct fuel reduction and forest health management
treatments to maintain and restore fire-resilient forest
structures containing late successional forest structure
characterized by large trees and multistoried canopies,
as ecologically appropriate, on National Forest System
land in the Management Unit--
(i) in any area located not more than 400 feet
from structures located on--
(I) National Forest System land; or
(II) private land adjacent to
National Forest System land;
(ii) in any area located not more than 400
feet from the Cooper Spur Road, the Cloud Cap
Road, or the Cooper Spur Ski Area Loop Road; and
(iii) on any other National Forest System land
in the Management Unit, with priority given to
activities that restore previously harvested
stands, including the removal of logging slash,
smaller diameter material, and ladder fuels.
(5) Prohibited activities.--Subject to valid existing
rights, the following activities shall be prohibited on National
Forest System land in the Management Unit:
(A) New road construction or renovation of existing
non-System roads, except as necessary to protect public
health and safety.
(B) Projects undertaken for the purpose of
harvesting commercial timber (other than activities
relating to the harvest of merchantable products that
are byproducts of activities conducted to further the
purposes described in paragraph (2)).
(C) Commercial livestock grazing.
(D) The placement of new fuel storage tanks.
(E) Except to the extent necessary to further the
purposes described in paragraph (2), the application of
any toxic chemicals (other than fire retardants),
including pesticides, rodenticides, or herbicides.
(6) Forest road closures.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary may provide for the closure or gating
to the general public of any Forest Service road within
the Management Unit.
(B) Exception.--Nothing in this subsection requires
the Secretary to close the road commonly known as
``Cloud Cap Road'', which shall be administered in
accordance with otherwise applicable law.
(7) Private land.--
(A) Effect.--Nothing in this subsection affects the
use of, or access to, any private property within the
area identified on the map as the ``Crystal Springs Zone
of Contribution'' by--
[[Page 123 STAT. 1017]]
(i) the owners of the private property; and
(ii) guests to the private property.
(B) Cooperation.--The Secretary is encouraged to
work with private landowners who have agreed to
cooperate with the Secretary to further the purposes of
this subsection.
(8) Acquisition of land.--
(A) In general.--The Secretary may acquire from
willing landowners any land located within the area
identified on the map as the ``Crystal Springs Zone of
Contribution''.
(B) Inclusion in management unit.--On the date of
acquisition, any land acquired under subparagraph (A)
shall be incorporated in, and be managed as part of, the
Management Unit.
(b) Protections for Upper Big Bottom and Cultus Creek.--
(1) In general.--The Secretary shall manage the Federal land
administered by the Forest Service described in paragraph (2) in
a manner that preserves the natural and primitive character of
the land for recreational, scenic, and scientific use.
(2) Description of land.--The Federal land referred to in
paragraph (1) is--
(A) the approximately 1,580 acres, as generally
depicted on the map entitled ``Upper Big Bottom'', dated
July 16, 2007; and
(B) the approximately 280 acres identified as
``Cultus Creek'' on the map entitled ``Clackamas
Wilderness--South Fork Clackamas'', dated July 16, 2007.
(3) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
maps and legal descriptions of the Federal land
described in paragraph (2) with--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(B) Force of law.--The maps and legal descriptions
filed under subparagraph (A) shall have the same force
and effect as if included in this subtitle, except that
the Secretary may correct typographical errors in the
maps and legal descriptions.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall be on
file and available for public inspection in the
appropriate offices of the Forest Service.
(4) Use of land.--
(A) In general.--Subject to valid existing rights,
with respect to the Federal land described in paragraph
(2), the Secretary shall only allow uses that are
consistent with the purposes identified in paragraph
(1).
(B) Prohibited uses.--The following shall be
prohibited on the Federal land described in paragraph
(2):
(i) Permanent roads.
(ii) Commercial enterprises.
[[Page 123 STAT. 1018]]
(iii) Except as necessary to meet the minimum
requirements for the administration of the Federal
land and to protect public health and safety--
(I) the use of motor vehicles; or
(II) the establishment of temporary
roads.
(5) Withdrawal.--Subject to valid existing rights, the
Federal land described in paragraph (2) is withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing.
SEC. 1206. LAND EXCHANGES.
(a) Cooper Spur-Government Camp Land Exchange.--
(1) Definitions.--In this subsection:
(A) County.--The term ``County'' means Hood River
County, Oregon.
(B) Exchange map.--The term ``exchange map'' means
the map entitled ``Cooper Spur/Government Camp Land
Exchange'', dated June 2006.
(C) Federal land.--The term ``Federal land'' means
the approximately 120 acres of National Forest System
land in the Mount Hood National Forest in Government
Camp, Clackamas County, Oregon, identified as ``USFS
Land to be Conveyed'' on the exchange map.
(D) Mt. hood meadows.--The term ``Mt. Hood Meadows''
means the Mt. Hood Meadows Oregon, Limited Partnership.
(E) Non-federal land.--The term ``non-Federal land''
means--
(i) the parcel of approximately 770 acres of
private land at Cooper Spur identified as ``Land
to be acquired by USFS'' on the exchange map; and
(ii) any buildings, furniture, fixtures, and
equipment at the Inn at Cooper Spur and the Cooper
Spur Ski Area covered by an appraisal described in
paragraph (2)(D).
(2) Cooper spur-government camp land exchange.--
(A) Conveyance of land.--Subject to the provisions
of this subsection, if Mt. Hood Meadows offers to convey
to the United States all right, title, and interest of
Mt. Hood Meadows in and to the non-Federal land, the
Secretary shall convey to Mt. Hood Meadows all right,
title, and interest of the United States in and to the
Federal land (other than any easements reserved under
subparagraph (G)), subject to valid existing rights.
(B) Compliance with existing law.--Except as
otherwise provided in this subsection, the Secretary
shall carry out the land exchange under this subsection
in accordance with section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).
(C) Conditions on acceptance.--
(i) Title.--As a condition of the land
exchange under this subsection, title to the non-
Federal land
[[Page 123 STAT. 1019]]
to be acquired by the Secretary under this
subsection shall be acceptable to the Secretary.
(ii) Terms and conditions.--The conveyance of
the Federal land and non-Federal land shall be
subject to such terms and conditions as the
Secretary may require.
(D) Appraisals.--
(i) In general.--As soon as practicable after
the date of enactment of this Act, the Secretary
and Mt. Hood Meadows shall select an appraiser to
conduct an appraisal of the Federal land and non-
Federal land.
(ii) Requirements.--An appraisal under clause
(i) shall be conducted in accordance with
nationally recognized appraisal standards,
including--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(II) the Uniform Standards of
Professional Appraisal Practice.
(E) Surveys.--
(i) In general.--The exact acreage and legal
description of the Federal land and non-Federal
land shall be determined by surveys approved by
the Secretary.
(ii) Costs.--The responsibility for the costs
of any surveys conducted under clause (i), and any
other administrative costs of carrying out the
land exchange, shall be determined by the
Secretary and Mt. Hood Meadows.
(F) Deadline for completion of land exchange.--It is
the intent of Congress that the land exchange under this
subsection shall be completed not later than 16 months
after the date of enactment of this Act.
(G) Reservation of easements.--As a condition of the
conveyance of the Federal land, the Secretary shall
reserve--
(i) a conservation easement to the Federal
land to protect existing wetland, as identified by
the Oregon Department of State Lands, that allows
equivalent wetland mitigation measures to
compensate for minor wetland encroachments
necessary for the orderly development of the
Federal land; and
(ii) a trail easement to the Federal land that
allows--
(I) nonmotorized use by the public
of existing trails;
(II) roads, utilities, and
infrastructure facilities to cross the
trails; and
(III) improvement or relocation of
the trails to accommodate development of
the Federal land.
(b) Port of Cascade Locks Land Exchange.--
(1) Definitions.--In this subsection:
(A) Exchange map.--The term ``exchange map'' means
the map entitled ``Port of Cascade Locks/Pacific Crest
National Scenic Trail Land Exchange'', dated June 2006.
(B) Federal land.--The term ``Federal land'' means
the parcel of land consisting of approximately 10 acres
of National Forest System land in the Columbia River
[[Page 123 STAT. 1020]]
Gorge National Scenic Area identified as ``USFS Land to
be conveyed'' on the exchange map.
(C) Non-federal land.--The term ``non-Federal land''
means the parcels of land consisting of approximately 40
acres identified as ``Land to be acquired by USFS'' on
the exchange map.
(D) Port.--The term ``Port'' means the Port of
Cascade Locks, Cascade Locks, Oregon.
(2) Land exchange, port of cascade locks-pacific crest
national scenic trail.--
(A) Conveyance of land.--Subject to the provisions
of this subsection, if the Port offers to convey to the
United States all right, title, and interest of the Port
in and to the non-Federal land, the Secretary shall,
subject to valid existing rights, convey to the Port all
right, title, and interest of the United States in and
to the Federal land.
(B) Compliance with existing law.--Except as
otherwise provided in this subsection, the Secretary
shall carry out the land exchange under this subsection
in accordance with section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).
(3) Conditions on acceptance.--
(A) Title.--As a condition of the land exchange
under this subsection, title to the non-Federal land to
be acquired by the Secretary under this subsection shall
be acceptable to the Secretary.
(B) Terms and conditions.--The conveyance of the
Federal land and non-Federal land shall be subject to
such terms and conditions as the Secretary may require.
(4) Appraisals.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
select an appraiser to conduct an appraisal of the
Federal land and non-Federal land.
(B) Requirements.--An appraisal under subparagraph
(A) shall be conducted in accordance with nationally
recognized appraisal standards, including--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(5) Surveys.--
(A) In general.--The exact acreage and legal
description of the Federal land and non-Federal land
shall be determined by surveys approved by the
Secretary.
(B) Costs.--The responsibility for the costs of any
surveys conducted under subparagraph (A), and any other
administrative costs of carrying out the land exchange,
shall be determined by the Secretary and the Port.
(6) Deadline for completion of land exchange.--It is the
intent of Congress that the land exchange under this subsection
shall be completed not later than 16 months after the date of
enactment of this Act.
(c) Hunchback Mountain Land Exchange and Boundary Adjustment.--
(1) Definitions.--In this subsection:
[[Page 123 STAT. 1021]]
(A) County.--The term ``County'' means Clackamas
County, Oregon.
(B) Exchange map.--The term ``exchange map'' means
the map entitled ``Hunchback Mountain Land Exchange,
Clackamas County'', dated June 2006.
(C) Federal land.--The term ``Federal land'' means
the parcel of land consisting of approximately 160 acres
of National Forest System land in the Mount Hood
National Forest identified as ``USFS Land to be
Conveyed'' on the exchange map.
(D) Non-federal land.--The term ``non-Federal land''
means the parcel of land consisting of approximately 160
acres identified as ``Land to be acquired by USFS'' on
the exchange map.
(2) Hunchback mountain land exchange.--
(A) Conveyance of land.--Subject to the provisions
of this paragraph, if the County offers to convey to the
United States all right, title, and interest of the
County in and to the non-Federal land, the Secretary
shall, subject to valid existing rights, convey to the
County all right, title, and interest of the United
States in and to the Federal land.
(B) Compliance with existing law.--Except as
otherwise provided in this paragraph, the Secretary
shall carry out the land exchange under this paragraph
in accordance with section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).
(C) Conditions on acceptance.--
(i) Title.--As a condition of the land
exchange under this paragraph, title to the non-
Federal land to be acquired by the Secretary under
this paragraph shall be acceptable to the
Secretary.
(ii) Terms and conditions.--The conveyance of
the Federal land and non-Federal land shall be
subject to such terms and conditions as the
Secretary may require.
(D) Appraisals.--
(i) In general.--As soon as practicable after
the date of enactment of this Act, the Secretary
shall select an appraiser to conduct an appraisal
of the Federal land and non-Federal land.
(ii) Requirements.--An appraisal under clause
(i) shall be conducted in accordance with
nationally recognized appraisal standards,
including--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(II) the Uniform Standards of
Professional Appraisal Practice.
(E) Surveys.--
(i) In general.--The exact acreage and legal
description of the Federal land and non-Federal
land shall be determined by surveys approved by
the Secretary.
(ii) Costs.--The responsibility for the costs
of any surveys conducted under clause (i), and any
other administrative costs of carrying out the
land exchange, shall be determined by the
Secretary and the County.
[[Page 123 STAT. 1022]]
(F) Deadline for completion of land exchange.--It is
the intent of Congress that the land exchange under this
paragraph shall be completed not later than 16 months
after the date of enactment of this Act.
(3) Boundary adjustment.--
(A) In general.--The boundary of the Mount Hood
National Forest shall be adjusted to incorporate--
(i) any land conveyed to the United States
under paragraph (2); and
(ii) the land transferred to the Forest
Service by section 1204(h)(1).
(B) Additions to the national forest system.--The
Secretary shall administer the land described in
subparagraph (A)--
(i) in accordance with--
(I) the Act of March 1, 1911
(commonly known as the ``Weeks Law'')
(16 U.S.C. 480 et seq.); and
(II) any laws (including
regulations) applicable to the National
Forest System; and
(ii) subject to sections 1202(c)(3) and
1204(d), as applicable.
(C) Land and water conservation fund.--For the
purposes of section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of
the Mount Hood National Forest modified by this
paragraph shall be considered to be the boundaries of
the Mount Hood National Forest in existence as of
January 1, 1965.
(d) Conditions on Development of Federal Land.--
(1) Requirements applicable to the conveyance of federal
land.--
(A) In general.--As a condition of each of the
conveyances of Federal land under this section, the
Secretary shall include in the deed of conveyance a
requirement that applicable construction activities and
alterations shall be conducted in accordance with--
(i) nationally recognized building and
property maintenance codes; and
(ii) nationally recognized codes for
development in the wildland-urban interface and
wildfire hazard mitigation.
(B) Applicable law.--To the maximum extent
practicable, the codes required under subparagraph (A)
shall be consistent with the nationally recognized codes
adopted or referenced by the State or political
subdivisions of the State.
(C) Enforcement.--The requirements under
subparagraph (A) may be enforced by the same entities
otherwise enforcing codes, ordinances, and standards.
(2) Compliance with codes on federal land.--The Secretary
shall ensure that applicable construction activities and
alterations undertaken or permitted by the Secretary on National
Forest System land in the Mount Hood National Forest are
conducted in accordance with--
(A) nationally recognized building and property
maintenance codes; and
[[Page 123 STAT. 1023]]
(B) nationally recognized codes for development in
the wildland-urban interface development and wildfire
hazard mitigation.
(3) Effect on enforcement by states and political
subdivisions.--Nothing in this subsection alters or limits the
power of the State or a political subdivision of the State to
implement or enforce any law (including regulations), rule, or
standard relating to development or fire prevention and control.
SEC. 1207. TRIBAL PROVISIONS; PLANNING AND STUDIES.
(a) Transportation Plan.--
(1) In general.--The Secretary shall seek to participate in
the development of an integrated, multimodal transportation plan
developed by the Oregon Department of Transportation for the
Mount Hood region to achieve comprehensive solutions to
transportation challenges in the Mount Hood region--
(A) to promote appropriate economic development;
(B) to preserve the landscape of the Mount Hood
region; and
(C) to enhance public safety.
(2) Issues to be addressed.--In participating in the
development of the transportation plan under paragraph (1), the
Secretary shall seek to address--
(A) transportation alternatives between and among
recreation areas and gateway communities that are
located within the Mount Hood region;
(B) establishing park-and-ride facilities that shall
be located at gateway communities;
(C) establishing intermodal transportation centers
to link public transportation, parking, and recreation
destinations;
(D) creating a new interchange on Oregon State
Highway 26 located adjacent to or within Government
Camp;
(E) designating, maintaining, and improving
alternative routes using Forest Service or State roads
for--
(i) providing emergency routes; or
(ii) improving access to, and travel within,
the Mount Hood region;
(F) the feasibility of establishing--
(i) a gondola connection that--
(I) connects Timberline Lodge to
Government Camp; and
(II) is located in close proximity
to the site of the historic gondola
corridor; and
(ii) an intermodal transportation center to be
located in close proximity to Government Camp;
(G) burying power lines located in, or adjacent to,
the Mount Hood National Forest along Interstate 84 near
the City of Cascade Locks, Oregon; and
(H) creating mechanisms for funding the
implementation of the transportation plan under
paragraph (1), including--
(i) funds provided by the Federal Government;
(ii) public-private partnerships;
(iii) incremental tax financing; and
[[Page 123 STAT. 1024]]
(iv) other financing tools that link
transportation infrastructure improvements with
development.
(b) Mount Hood National Forest Stewardship Strategy.--
(1) <<NOTE: Reports.>> In general.--The Secretary shall
prepare a report on, and implementation schedule for, the
vegetation management strategy (including recommendations for
biomass utilization) for the Mount Hood National Forest being
developed by the Forest Service.
(2) Submission to congress.--
(A) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit the
report to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(B) <<NOTE: Deadline.>> Implementation schedule.--
Not later than 1 year after the date on which the
vegetation management strategy referred to in paragraph
(1) is completed, the Secretary shall submit the
implementation schedule to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(c) Local and Tribal Relationships.--
(1) Management plan.--
(A) In general.--The Secretary, in consultation with
Indian tribes with treaty-reserved gathering rights on
land encompassed by the Mount Hood National Forest and
in a manner consistent with the memorandum of
understanding entered into between the Department of
Agriculture, the Bureau of Land Management, the Bureau
of Indian Affairs, and the Confederated Tribes and Bands
of the Warm Springs Reservation of Oregon, dated April
25, 2003, as modified, shall develop and implement a
management plan that meets the cultural foods
obligations of the United States under applicable
treaties, including the Treaty with the Tribes and Bands
of Middle Oregon of June 25, 1855 (12 Stat. 963).
(B) Effect.--This paragraph shall be considered to
be consistent with, and is intended to help implement,
the gathering rights reserved by the treaty described in
subparagraph (A).
(2) Savings provisions regarding relations with indian
tribes.--
(A) Treaty rights.--Nothing in this subtitle alters,
modifies, enlarges, diminishes, or abrogates the treaty
rights of any Indian tribe, including the off-
reservation reserved rights secured by the Treaty with
the Tribes and Bands of Middle Oregon of June 25, 1855
(12 Stat. 963).
(B) Tribal land.--Nothing in this subtitle affects
land held in trust by the Secretary of the Interior for
Indian tribes or individual members of Indian tribes or
other land acquired by the Army Corps of Engineers and
administered by the Secretary of the Interior for the
benefit of Indian tribes and individual members of
Indian tribes.
(d) Recreational Uses.--
[[Page 123 STAT. 1025]]
(1) Mount hood national forest recreational working group.--
The Secretary may establish a working group for the purpose of
providing advice and recommendations to the Forest Service on
planning and implementing recreation enhancements in the Mount
Hood National Forest.
(2) Consideration of conversion of forest roads to
recreational uses.--In considering a Forest Service road in the
Mount Hood National Forest for possible closure and
decommissioning after the date of enactment of this Act, the
Secretary, in accordance with applicable law, shall consider, as
an alternative to decommissioning the road, converting the road
to recreational uses to enhance recreational opportunities in
the Mount Hood National Forest.
(3) Improved trail access for persons with disabilities.--
The Secretary, in consultation with the public, may design and
construct a trail at a location selected by the Secretary in
Mount Hood National Forest suitable for use by persons with
disabilities.
Subtitle D--Copper Salmon Wilderness, Oregon
SEC. 1301. DESIGNATION OF THE COPPER SALMON WILDERNESS.
(a) Designation.--Section 3 of the Oregon Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-328) is amended--
(1) in the matter preceding paragraph (1), by striking
``eight hundred fifty-nine thousand six hundred acres'' and
inserting ``873,300 acres'';
(2) in paragraph (29), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(30) certain land in the Siskiyou National Forest,
comprising approximately 13,700 acres, as generally depicted on
the map entitled `Proposed Copper Salmon Wilderness Area' and
dated December 7, 2007, to be known as the `Copper Salmon
Wilderness'.''.
(b) Maps and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture (referred to
in this subtitle as the ``Secretary'') shall file a map and a
legal description of the Copper Salmon Wilderness with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
typographical errors in the map and legal description.
(3) Boundary.--If the boundary of the Copper Salmon
Wilderness shares a border with a road, the Secretary may only
establish an offset that is not more than 150 feet from the
centerline of the road.
(4) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
[[Page 123 STAT. 1026]]
SEC. 1302. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, OREGON.
Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(76)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``19-mile segment'' and inserting ``29-mile segment'';
(2) in subparagraph (A), by striking ``; and'' and inserting
a period; and
(3) by striking subparagraph (B) and inserting the
following:
``(B)(i) The approximately 0.6-mile segment of the
North Fork Elk from its source in sec. 21, T. 33 S., R.
12 W., Willamette Meridian, downstream to 0.01 miles
below Forest Service Road 3353, as a scenic river.
``(ii) The approximately 5.5-mile segment of the
North Fork Elk from 0.01 miles below Forest Service Road
3353 to its confluence with the South Fork Elk, as a
wild river.
``(C)(i) The approximately 0.9-mile segment of the
South Fork Elk from its source in the southeast quarter
of sec. 32, T. 33 S., R. 12 W., Willamette Meridian,
downstream to 0.01 miles below Forest Service Road 3353,
as a scenic river.
``(ii) The approximately 4.2-mile segment of the
South Fork Elk from 0.01 miles below Forest Service Road
3353 to its confluence with the North Fork Elk, as a
wild river.''.
SEC. 1303. PROTECTION OF TRIBAL RIGHTS.
(a) <<NOTE: 16 USC 1274 note.>> In General.--Nothing in this
subtitle shall be construed as diminishing any right of any Indian
tribe.
(b) Memorandum of Understanding.--The Secretary shall seek to enter
into a memorandum of understanding with the Coquille Indian Tribe
regarding access to the Copper Salmon Wilderness to conduct historical
and cultural activities.
Subtitle <<NOTE: 16 USC 431 note.>> E--Cascade-Siskiyou National
Monument, Oregon
SEC. 1401. DEFINITIONS.
In this subtitle:
(1) Box r ranch land exchange map.--The term ``Box R Ranch
land exchange map'' means the map entitled ``Proposed Rowlett
Land Exchange'' and dated June 13, 2006.
(2) Bureau of land management land.--The term ``Bureau of
Land Management land'' means the approximately 40 acres of land
administered by the Bureau of Land Management identified as
``Rowlett Selected'', as generally depicted on the Box R Ranch
land exchange map.
(3) Deerfield land exchange map.--The term ``Deerfield land
exchange map'' means the map entitled ``Proposed Deerfield-BLM
Property Line Adjustment'' and dated May 1, 2008.
(4) Deerfield parcel.--The term ``Deerfield parcel'' means
the approximately 1.5 acres of land identified as ``From
Deerfield to BLM'', as generally depicted on the Deerfield land
exchange map.
(5) Federal parcel.--The term ``Federal parcel'' means the
approximately 1.3 acres of land administered by the Bureau
[[Page 123 STAT. 1027]]
of Land Management identified as ``From BLM to Deerfield'', as
generally depicted on the Deerfield land exchange map.
(6) Grazing allotment.--The term ``grazing allotment'' means
any of the Box R, Buck Lake, Buck Mountain, Buck Point, Conde
Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly,
Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and
Soda Mountain grazing allotments in the State.
(7) Grazing lease.--The term ``grazing lease'' means any
document authorizing the use of a grazing allotment for the
purpose of grazing livestock for commercial purposes.
(8) Landowner.--The term ``Landowner'' means the owner of
the Box R Ranch in the State.
(9) Lessee.--The term ``lessee'' means a livestock operator
that holds a valid existing grazing lease for a grazing
allotment.
(10) Livestock.--The term ``livestock'' does not include
beasts of burden used for recreational purposes.
(11) Monument.--The term ``Monument'' means the Cascade-
Siskiyou National Monument in the State.
(12) Rowlett parcel.--The term ``Rowlett parcel'' means the
parcel of approximately 40 acres of private land identified as
``Rowlett Offered'', as generally depicted on the Box R Ranch
land exchange map.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) State.--The term ``State'' means the State of Oregon.
(15) Wilderness.--The term ``Wilderness'' means the Soda
Mountain Wilderness designated by section 1405(a).
(16) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Soda Mountain Wilderness'' and dated May 5, 2008.
SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PROGRAM.
(a) Existing Grazing Leases.--
(1) Donation of lease.--
(A) Acceptance by secretary.--The Secretary shall
accept any grazing lease that is donated by a lessee.
(B) Termination.--The Secretary shall terminate any
grazing lease acquired under subparagraph (A).
(C) No new grazing lease.--Except as provided in
paragraph (3), with respect to each grazing lease
donated under subparagraph (A), the Secretary shall--
(i) not issue any new grazing lease within the
grazing allotment covered by the grazing lease;
and
(ii) ensure a permanent end to livestock
grazing on the grazing allotment covered by the
grazing lease.
(2) Donation of portion of grazing lease.--
(A) In general.--A lessee with a grazing lease for a
grazing allotment partially within the Monument may
elect to donate only that portion of the grazing lease
that is within the Monument.
(B) Acceptance by secretary.--The Secretary shall
accept the portion of a grazing lease that is donated
under subparagraph (A).
(C) Modification of lease.--Except as provided in
paragraph (3), if a lessee donates a portion of a
grazing lease under subparagraph (A), the Secretary
shall--
[[Page 123 STAT. 1028]]
(i) reduce the authorized grazing level and
area to reflect the donation; and
(ii) modify the grazing lease to reflect the
reduced level and area of use.
(D) Authorized level.--To ensure that there is a
permanent reduction in the level and area of livestock
grazing on the land covered by a portion of a grazing
lease donated under subparagraph (A), the Secretary
shall not allow grazing to exceed the authorized level
and area established under subparagraph (C).
(3) Common allotments.--
(A) In general.--If a grazing allotment covered by a
grazing lease or portion of a grazing lease that is
donated under paragraph (1) or (2) also is covered by
another grazing lease that is not donated, the Secretary
shall reduce the grazing level on the grazing allotment
to reflect the donation.
(B) Authorized level.--To ensure that there is a
permanent reduction in the level of livestock grazing on
the land covered by the grazing lease or portion of a
grazing lease donated under paragraph (1) or (2), the
Secretary shall not allow grazing to exceed the level
established under subparagraph (A).
(b) Limitations.--The Secretary--
(1) with respect to the Agate, Emigrant Creek, and Siskiyou
allotments in and near the Monument--
(A) shall not issue any grazing lease; and
(B) shall ensure a permanent end to livestock
grazing on each allotment; and
(2) shall not establish any new allotments for livestock
grazing that include any Monument land (whether leased or not
leased for grazing on the date of enactment of this Act).
(c) Effect of Donation.--A lessee who donates a grazing lease or a
portion of a grazing lease under this section shall be considered to
have waived any claim to any range improvement on the associated grazing
allotment or portion of the associated grazing allotment, as applicable.
SEC. 1403. BOX R RANCH LAND EXCHANGE.
(a) In General.--For the purpose of protecting and consolidating
Federal land within the Monument, the Secretary--
(1) may offer to convey to the Landowner the Bureau of Land
Management land in exchange for the Rowlett parcel; and
(2) if the Landowner accepts the offer--
(A) the Secretary shall convey to the Landowner all
right, title, and interest of the United States in and
to the Bureau of Land Management land; and
(B) the Landowner shall convey to the Secretary all
right, title, and interest of the Landowner in and to
the Rowlett parcel.
(b) Surveys.--
(1) In general.--The exact acreage and legal description of
the Bureau of Land Management land and the Rowlett parcel shall
be determined by surveys approved by the Secretary.
[[Page 123 STAT. 1029]]
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined by
the Secretary and the Landowner.
(c) Conditions.--The conveyance of the Bureau of Land Management
land and the Rowlett parcel under this section shall be subject to--
(1) valid existing rights;
(2) title to the Rowlett parcel being acceptable to the
Secretary and in conformance with the title approval standards
applicable to Federal land acquisitions;
(3) such terms and conditions as the Secretary may require;
and
(4) except as otherwise provided in this section, any laws
(including regulations) applicable to the conveyance and
acquisition of land by the Bureau of Land Management.
(d) Appraisals.--
(1) In general.--The Bureau of Land Management land and the
Rowlett parcel shall be appraised by an independent appraiser
selected by the Secretary.
(2) Requirements.--An appraisal conducted under paragraph
(1) shall be conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) Approval.--The appraisals conducted under this
subsection shall be submitted to the Secretary for approval.
(e) Grazing Allotment.--As a condition of the land exchange
authorized under this section, the lessee of the grazing lease for the
Box R grazing allotment shall donate the Box R grazing lease in
accordance with section 1402(a)(1).
SEC. 1404. DEERFIELD LAND EXCHANGE.
(a) In General.--For the purpose of protecting and consolidating
Federal land within the Monument, the Secretary--
(1) may offer to convey to Deerfield Learning Associates the
Federal parcel in exchange for the Deerfield parcel; and
(2) if Deerfield Learning Associates accepts the offer--
(A) the Secretary shall convey to Deerfield Learning
Associates all right, title, and interest of the United
States in and to the Federal parcel; and
(B) Deerfield Learning Associates shall convey to
the Secretary all right, title, and interest of
Deerfield Learning Associates in and to the Deerfield
parcel.
(b) Surveys.--
(1) In general.--The exact acreage and legal description of
the Federal parcel and the Deerfield parcel shall be determined
by surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined by
the Secretary and Deerfield Learning Associates.
(c) Conditions.--
(1) In general.--The conveyance of the Federal parcel and
the Deerfield parcel under this section shall be subject to--
[[Page 123 STAT. 1030]]
(A) valid existing rights;
(B) title to the Deerfield parcel being acceptable
to the Secretary and in conformance with the title
approval standards applicable to Federal land
acquisitions;
(C) such terms and conditions as the Secretary may
require; and
(D) except as otherwise provided in this section,
any laws (including regulations) applicable to the
conveyance and acquisition of land by the Bureau of Land
Management.
(d) Appraisals.--
(1) In general.--The Federal parcel and the Deerfield parcel
shall be appraised by an independent appraiser selected by the
Secretary.
(2) Requirements.--An appraisal conducted under paragraph
(1) shall be conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) Approval.--The appraisals conducted under this
subsection shall be submitted to the Secretary for approval.
SEC. 1405. SODA MOUNTAIN WILDERNESS.
(a) <<NOTE: 16 USC 1132 note.>> Designation.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), approximately 24,100 acres
of Monument land, as generally depicted on the wilderness map, is
designated as wilderness and as a component of the National Wilderness
Preservation System, to be known as the ``Soda Mountain Wilderness''.
(b) Map and Legal Description.--
(1) Submission of map and legal description.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and legal description of the
Wilderness with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force and effect.--
(A) In general.--The map and legal description filed
under paragraph (1) shall have the same force and effect
as if included in this subtitle, except that the
Secretary may correct any clerical or typographical
error in the map or legal description.
(B) Notification.--The Secretary shall submit to
Congress notice of any changes made in the map or legal
description under subparagraph (A), including notice of
the reason for the change.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(c) Administration of Wilderness.--
[[Page 123 STAT. 1031]]
(1) In general.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be considered
to be a reference to the date of enactment of this Act;
and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Fire, insect, and disease management activities.--Except
as provided by Presidential Proclamation Number 7318, dated June
9, 2000 (65 Fed. Reg. 37247), within the wilderness areas
designated by this subtitle, the Secretary may take such
measures in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) as are necessary to control fire,
insects, and diseases, subject to such terms and conditions as
the Secretary determines to be desirable and appropriate.
(3) Livestock.--Except as provided in section 1402 and by
Presidential Proclamation Number 7318, dated June 9, 2000 (65
Fed. Reg. 37247), the grazing of livestock in the Wilderness, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as
are considered necessary by the Secretary in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-405).
(4) Fish and wildlife management.--In accordance with
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this subtitle affects the jurisdiction of the State
with respect to fish and wildlife on public land in the State.
(5) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Wilderness that
is acquired by the United States shall--
(A) become part of the Wilderness; and
(B) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
SEC. 1406. EFFECT.
Nothing in this subtitle--
(1) affects the authority of a Federal agency to modify or
terminate grazing permits or leases, except as provided in
section 1402;
(2) authorizes the use of eminent domain;
(3) creates a property right in any grazing permit or lease
on Federal land;
(4) establishes a precedent for future grazing permit or
lease donation programs; or
(5) affects the allocation, ownership, interest, or control,
in existence on the date of enactment of this Act, of any water,
water right, or any other valid existing right held by the
United
[[Page 123 STAT. 1032]]
States, an Indian tribe, a State, or a private individual,
partnership, or corporation.
Subtitle <<NOTE: Idaho.>> F--Owyhee Public Land Management
SEC. 1501. DEFINITIONS.
In this subtitle:
(1) Account.--The term ``account'' means the Owyhee Land
Acquisition Account established by section 1505(b)(1).
(2) County.--The term ``County'' means Owyhee County, Idaho.
(3) Owyhee front.--The term ``Owyhee Front'' means the area
of the County from Jump Creek on the west to Mud Flat Road on
the east and draining north from the crest of the Silver City
Range to the Snake River.
(4) Plan.--The term ``plan'' means a travel management plan
for motorized and mechanized off-highway vehicle recreation
prepared under section 1507.
(5) Public land.--The term ``public land'' has the meaning
given the term in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702(e)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Idaho.
(8) Tribes.--The term ``Tribes'' means the Shoshone Paiute
Tribes of the Duck Valley Reservation.
SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.
(a) Establishment.--The Secretary, in coordination with the Tribes,
State, and County, and in consultation with the University of Idaho,
Federal grazing permittees, and public, shall establish the Owyhee
Science Review and Conservation Center in the County to conduct research
projects to address natural resources management issues affecting public
and private rangeland in the County.
(b) Purpose.--The purpose of the center established under subsection
(a) shall be to facilitate the collection and analysis of information to
provide Federal and State agencies, the Tribes, the County, private
landowners, and the public with information on improved rangeland
management.
SEC. 1503. WILDERNESS AREAS.
(a) Wilderness Areas Designation.--
(1) <<NOTE: 16 USC 1132 note.>> In general.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), the following
areas in the State are designated as wilderness areas and as
components of the National Wilderness Preservation System:
(A) Big jacks creek wilderness.--Certain land
comprising approximately 52,826 acres, as generally
depicted on the map entitled ``Little Jacks Creek and
Big Jacks Creek Wilderness'' and dated May 5, 2008,
which shall be known as the ``Big Jacks Creek
Wilderness''.
(B) Bruneau-jarbidge rivers wilderness.--Certain
land comprising approximately 89,996 acres, as generally
depicted on the map entitled ``Bruneau-Jarbidge Rivers
[[Page 123 STAT. 1033]]
Wilderness'' and dated December 15, 2008, which shall be
known as the ``Bruneau-Jarbidge Rivers Wilderness''.
(C) Little jacks creek wilderness.--Certain land
comprising approximately 50,929 acres, as generally
depicted on the map entitled ``Little Jacks Creek and
Big Jacks Creek Wilderness'' and dated May 5, 2008,
which shall be known as the ``Little Jacks Creek
Wilderness''.
(D) North fork owyhee wilderness.--Certain land
comprising approximately 43,413 acres, as generally
depicted on the map entitled ``North Fork Owyhee and
Pole Creek Wilderness'' and dated May 5, 2008, which
shall be known as the ``North Fork Owyhee Wilderness''.
(E) Owyhee river wilderness.--Certain land
comprising approximately 267,328 acres, as generally
depicted on the map entitled ``Owyhee River Wilderness''
and dated May 5, 2008, which shall be known as the
``Owyhee River Wilderness''.
(F) Pole creek wilderness.--Certain land comprising
approximately 12,533 acres, as generally depicted on the
map entitled ``North Fork Owyhee and Pole Creek
Wilderness'' and dated May 5, 2008, which shall be known
as the ``Pole Creek Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of
the House of Representatives a map and legal description
for each area designated as wilderness by this subtitle.
(B) Effect.--Each map and legal description
submitted under subparagraph (A) shall have the same
force and effect as if included in this subtitle, except
that the Secretary may correct minor errors in the map
or legal description.
(C) Availability.--Each map and legal description
submitted under subparagraph (A) shall be available in
the appropriate offices of the Bureau of Land
Management.
(3) Release of wilderness study areas.--
(A) In general.--Congress finds that, for the
purposes of section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)), the
public land in the County administered by the Bureau of
Land Management has been adequately studied for
wilderness designation.
(B) Release.--Any public land referred to in
subparagraph (A) that is not designated as wilderness by
this subtitle--
(i) is no longer subject to section 603(c) of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)); and
(ii) shall be managed in accordance with the
applicable land use plan adopted under section 202
of that Act (43 U.S.C. 1712).
(b) Administration.--
(1) In general.--Subject to valid existing rights, each area
designated as wilderness by this subtitle shall be administered
[[Page 123 STAT. 1034]]
by the Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(A) any reference in that Act to the effective date
shall be considered to be a reference to the date of
enactment of this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Withdrawal.--Subject to valid existing rights, the
Federal land designated as wilderness by this subtitle is
withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(3) Livestock.--
(A) In general.--In the wilderness areas designated
by this subtitle, the grazing of livestock in areas in
which grazing is established as of the date of enactment
of this Act shall be allowed to continue, subject to
such reasonable regulations, policies, and practices as
the Secretary considers necessary, consistent with
section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)) and the guidelines described in Appendix A
of House Report 101-405.
(B) <<NOTE: Deadline.>> Inventory.--Not later than
1 year after the date of enactment of this Act, the
Secretary shall conduct an inventory of existing
facilities and improvements associated with grazing
activities in the wilderness areas and wild and scenic
rivers designated by this subtitle.
(C) Fencing.--The Secretary may construct and
maintain fencing around wilderness areas designated by
this subtitle as the Secretary determines to be
appropriate to enhance wilderness values.
(D) Donation of grazing permits or leases.--
(i) Acceptance by secretary.--The Secretary
shall accept the donation of any valid existing
permits or leases authorizing grazing on public
land, all or a portion of which is within the
wilderness areas designated by this subtitle.
(ii) Termination.--With respect to each permit
or lease donated under clause (i), the Secretary
shall--
(I) terminate the grazing permit or
lease; and
(II) except as provided in clause
(iii), ensure a permanent end to grazing
on the land covered by the permit or
lease.
(iii) Common allotments.--
(I) In general.--If the land covered
by a permit or lease donated under
clause (i) is also covered by another
valid existing permit or lease that is
not donated under clause (i), the
Secretary shall reduce the authorized
grazing level on the land covered by the
permit or lease to reflect the donation
of the permit or lease under clause (i).
(II) Authorized level.--To ensure
that there is a permanent reduction in
the level of grazing
[[Page 123 STAT. 1035]]
on the land covered by a permit or lease
donated under clause (i), the Secretary
shall not allow grazing use to exceed
the authorized level established under
subclause (I).
(iv) Partial donation.--
(I) In general.--If a person holding
a valid grazing permit or lease donates
less than the full amount of grazing use
authorized under the permit or lease,
the Secretary shall--
(aa) reduce the authorized
grazing level to reflect the
donation; and
(bb) modify the permit or
lease to reflect the revised
level of use.
(II) Authorized level.--To ensure
that there is a permanent reduction in
the authorized level of grazing on the
land covered by a permit or lease
donated under subclause (I), the
Secretary shall not allow grazing use to
exceed the authorized level established
under that subclause.
(4) Acquisition of land and interests in land.--
(A) In general.--Consistent with applicable law, the
Secretary may acquire land or interests in land within
the boundaries of the wilderness areas designated by
this subtitle by purchase, donation, or exchange.
(B) Incorporation of acquired land.--Any land or
interest in land in, or adjoining the boundary of, a
wilderness area designated by this subtitle that is
acquired by the United States shall be added to, and
administered as part of, the wilderness area in which
the acquired land or interest in land is located.
(5) Trail plan.--
(A) In general.--The Secretary, after providing
opportunities for public comment, shall establish a
trail plan that addresses hiking and equestrian trails
on the land designated as wilderness by this subtitle,
in a manner consistent with the Wilderness Act (16
U.S.C. 1131 et seq.).
(B) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to
Congress a report that describes the implementation of
the trail plan.
(6) Outfitting and guide activities.--Consistent with
section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)),
commercial services (including authorized outfitting and guide
activities) are authorized in wilderness areas designated by
this subtitle to the extent necessary for activities that
fulfill the recreational or other wilderness purposes of the
areas.
(7) Access to private property.--In accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
shall provide any owner of private property within the boundary
of a wilderness area designated by this subtitle adequate access
to the property.
(8) Fish and wildlife.--
(A) In general.--Nothing in this subtitle affects
the jurisdiction of the State with respect to fish and
wildlife on public land in the State.
(B) Management activities.--
[[Page 123 STAT. 1036]]
(i) In general.--In furtherance of the
purposes and principles of the Wilderness Act (16
U.S.C. 1131 et seq.), the Secretary may conduct
any management activities that are necessary to
maintain or restore fish and wildlife populations
and habitats in the wilderness areas designated by
this subtitle, if the management activities are--
(I) consistent with relevant
wilderness management plans; and
(II) conducted in accordance with
appropriate policies, such as the
policies established in Appendix B of
House Report 101-405.
(ii) Inclusions.--Management activities under
clause (i) may include the occasional and
temporary use of motorized vehicles, if the use,
as determined by the Secretary, would promote
healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness
values while causing the minimum impact necessary
to accomplish those tasks.
(C) Existing activities.--Consistent with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
in accordance with appropriate policies, such as those
established in Appendix B of House Report 101-405, the
State may use aircraft (including helicopters) in the
wilderness areas designated by this subtitle to survey,
capture, transplant, monitor, and provide water for
wildlife populations, including bighorn sheep, and feral
stock, feral horses, and feral burros.
(9) Wildfire, insect, and disease management.--Consistent
with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take any measures that the
Secretary determines to be necessary to control fire, insects,
and diseases, including, as the Secretary determines
appropriate, the coordination of those activities with a State
or local agency.
(10) Adjacent management.--
(A) In general.--The designation of a wilderness
area by this subtitle shall not create any protective
perimeter or buffer zone around the wilderness area.
(B) Nonwilderness activities.--The fact that
nonwilderness activities or uses can be seen or heard
from areas within a wilderness area designated by this
subtitle shall not preclude the conduct of those
activities or uses outside the boundary of the
wilderness area.
(11) Military overflights.--Nothing in this subtitle
restricts or precludes--
(A) low-level overflights of military aircraft over
the areas designated as wilderness by this subtitle,
including military overflights that can be seen or heard
within the wilderness areas;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes, over the wilderness areas.
(12) Water rights.--
(A) In general.--The designation of areas as
wilderness by subsection (a) shall not create an express
or implied
[[Page 123 STAT. 1037]]
reservation by the United States of any water or water
rights for wilderness purposes with respect to such
areas.
(B) Exclusions.--This paragraph does not apply to
any components of the National Wild and Scenic Rivers
System designated by section 1504.
SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is amended by adding
at the end the following:
``(180) Battle creek, idaho.--The 23.4 miles of Battle Creek
from the confluence of the Owyhee River to the upstream boundary
of the Owyhee River Wilderness, to be administered by the
Secretary of the Interior as a wild river.
``(181) Big jacks creek, idaho.--The 35.0 miles of Big Jacks
Creek from the downstream border of the Big Jacks Creek
Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which it
enters the NW \1/4\ of sec. 26, T. 10 S., R. 2 E., Boise
Meridian, to be administered by the Secretary of the Interior as
a wild river.
``(182) Bruneau river, idaho.--
``(A) In general.--Except as provided in
subparagraph (B), the 39.3-mile segment of the Bruneau
River from the downstream boundary of the Bruneau-
Jarbidge Wilderness to the upstream confluence with the
west fork of the Bruneau River, to be administered by
the Secretary of the Interior as a wild river.
``(B) Exception.--Notwithstanding subparagraph (A),
the 0.6-mile segment of the Bruneau River at the Indian
Hot Springs public road access shall be administered by
the Secretary of the Interior as a recreational river.
``(183) West fork bruneau river, idaho.--The approximately
0.35 miles of the West Fork of the Bruneau River from the
confluence with the Jarbidge River to the downstream boundary of
the Bruneau Canyon Grazing Allotment in the SE/NE of sec. 5, T.
13 S., R. 7 E., Boise Meridian, to be administered by the
Secretary of the Interior as a wild river.
``(184) Cottonwood creek, idaho.--The 2.6 miles of
Cottonwood Creek from the confluence with Big Jacks Creek to the
upstream boundary of the Big Jacks Creek Wilderness, to be
administered by the Secretary of the Interior as a wild river.
``(185) Deep creek, idaho.--The 13.1-mile segment of Deep
Creek from the confluence with the Owyhee River to the upstream
boundary of the Owyhee River Wilderness in sec. 30, T. 12 S., R.
2 W., Boise Meridian, to be administered by the Secretary of the
Interior as a wild river.
``(186) Dickshooter creek, idaho.--The 9.25 miles of
Dickshooter Creek from the confluence with Deep Creek to a point
on the stream \1/4\ mile due west of the east boundary of sec.
16, T. 12 S., R. 2 W., Boise Meridian, to be administered by the
Secretary of the Interior as a wild river.
``(187) Duncan creek, idaho.--The 0.9-mile segment of Duncan
Creek from the confluence with Big Jacks Creek upstream to the
east boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, to
be administered by the Secretary of the Interior as a wild
river.
[[Page 123 STAT. 1038]]
``(188) Jarbidge river, idaho.--The 28.8 miles of the
Jarbidge River from the confluence with the West Fork Bruneau
River to the upstream boundary of the Bruneau-Jarbidge Rivers
Wilderness, to be administered by the Secretary of the Interior
as a wild river.
``(189) Little jacks creek, idaho.--The 12.4 miles of Little
Jacks Creek from the downstream boundary of the Little Jacks
Creek Wilderness, upstream to the mouth of OX Prong Creek, to be
administered by the Secretary of the Interior as a wild river.
``(190) North fork owyhee river, idaho.--The following
segments of the North Fork of the Owyhee River, to be
administered by the Secretary of the Interior:
``(A) The 5.7-mile segment from the Idaho-Oregon
State border to the upstream boundary of the private
land at the Juniper Mt. Road crossing, as a recreational
river.
``(B) The 15.1-mile segment from the upstream
boundary of the North Fork Owyhee River recreational
segment designated in paragraph (A) to the upstream
boundary of the North Fork Owyhee River Wilderness, as a
wild river.
``(191) Owyhee river, idaho.--
``(A) In general.--Subject to subparagraph (B), the
67.3 miles of the Owyhee River from the Idaho-Oregon
State border to the upstream boundary of the Owyhee
River Wilderness, to be administered by the Secretary of
the Interior as a wild river.
``(B) Access.--The Secretary of the Interior shall
allow for continued access across the Owyhee River at
Crutchers Crossing, subject to such terms and conditions
as the Secretary of the Interior determines to be
necessary.
``(192) Red canyon, idaho.--The 4.6 miles of Red Canyon from
the confluence of the Owyhee River to the upstream boundary of
the Owyhee River Wilderness, to be administered by the Secretary
of the Interior as a wild river.
``(193) Sheep creek, idaho.--The 25.6 miles of Sheep Creek
from the confluence with the Bruneau River to the upstream
boundary of the Bruneau-Jarbidge Rivers Wilderness, to be
administered by the Secretary of the Interior as a wild river.
``(194) South fork owyhee river, idaho.--
``(A) In general.--Except as provided in
subparagraph (B), the 31.4-mile segment of the South
Fork of the Owyhee River upstream from the confluence
with the Owyhee River to the upstream boundary of the
Owyhee River Wilderness at the Idaho-Nevada State
border, to be administered by the Secretary of the
Interior as a wild river.
``(B) Exception.--Notwithstanding subparagraph (A),
the 1.2-mile segment of the South Fork of the Owyhee
River from the point at which the river enters the
southernmost boundary to the point at which the river
exits the northernmost boundary of private land in sec.
25 and 26, T. 14 S., R. 5 W., Boise Meridian, shall be
administered by the Secretary of the Interior as a
recreational river.
``(195) Wickahoney creek, idaho.--The 1.5 miles of
Wickahoney Creek from the confluence of Big Jacks Creek to the
upstream boundary of the Big Jacks Creek Wilderness,
[[Page 123 STAT. 1039]]
to be administered by the Secretary of the Interior as a wild
river.''.
(b) <<NOTE: 16 USC 1274 note.>> Boundaries.--Notwithstanding
section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the
boundary of a river segment designated as a component of the National
Wild and Scenic Rivers System under this subtitle shall extend not more
than the shorter of--
(1) an average distance of \1/4\ mile from the high water
mark on both sides of the river segment; or
(2) the distance to the nearest confined canyon rim.
(c) <<NOTE: 16 USC 1274 note.>> Land Acquisition.--The Secretary
shall not acquire any private land within the exterior boundary of a
wild and scenic river corridor without the consent of the owner.
SEC. 1505. LAND IDENTIFIED FOR DISPOSAL.
(a) In General.--Consistent with applicable law, the Secretary may
sell public land located within the Boise District of the Bureau of Land
Management that, as of July 25, 2000, has been identified for disposal
in appropriate resource management plans.
(b) Use of Proceeds.--
(1) In general.--Notwithstanding any other provision of law
(other than a law that specifically provides for a proportion of
the proceeds of a land sale to be distributed to any trust fund
of the State), proceeds from the sale of public land under
subsection (a) shall be deposited in a separate account in the
Treasury of the United States to be known as the ``Owyhee Land
Acquisition Account''.
(2) Availability.--
(A) In general.--Amounts in the account shall be
available to the Secretary, without further
appropriation, to purchase land or interests in land in,
or adjacent to, the wilderness areas designated by this
subtitle, including land identified as ``Proposed for
Acquisition'' on the maps described in section
1503(a)(1).
(B) Applicable law.--Any purchase of land or
interest in land under subparagraph (A) shall be in
accordance with applicable law.
(3) Applicability.--This subsection applies to public land
within the Boise District of the Bureau of Land Management sold
on or after January 1, 2008.
(4) Additional amounts.--If necessary, the Secretary may use
additional amounts appropriated to the Department of the
Interior, subject to applicable reprogramming guidelines.
(c) Termination of Authority.--
(1) In general.--The authority provided under this section
terminates on the earlier of--
(A) the date that is 10 years after the date of
enactment of this Act; or
(B) the date on which a total of $8,000,000 from the
account is expended.
(2) Availability of amounts.--Any amounts remaining in the
account on the termination of authority under this section shall
be--
(A) credited as sales of public land in the State;
(B) transferred to the Federal Land Disposal Account
established under section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and
[[Page 123 STAT. 1040]]
(C) used in accordance with that subtitle.
SEC. 1506. TRIBAL CULTURAL RESOURCES.
(a) Coordination.--The Secretary shall coordinate with the Tribes in
the implementation of the Shoshone Paiute Cultural Resource Protection
Plan.
(b) Agreements.--The Secretary shall seek to enter into agreements
with the Tribes to implement the Shoshone Paiute Cultural Resource
Protection Plan to protect cultural sites and resources important to the
continuation of the traditions and beliefs of the Tribes.
SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS.
(a) In General.--In accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary shall, in
coordination with the Tribes, State, and County, prepare 1 or more
travel management plans for motorized and mechanized off-highway vehicle
recreation for the land managed by the Bureau of Land Management in the
County.
(b) Inventory.--Before preparing the plan under subsection (a), the
Secretary shall conduct resource and route inventories of the area
covered by the plan.
(c) Limitation to Designated Routes.--
(1) In general.--Except as provided in paragraph (2), the
plan shall limit recreational motorized and mechanized off-
highway vehicle use to a system of designated roads and trails
established by the plan.
(2) Exception.--Paragraph (1) shall not apply to
snowmobiles.
(d) Temporary Limitation.--
(1) In general.--Except as provided in paragraph (2), until
the date on which the Secretary completes the plan, all
recreational motorized and mechanized off-highway vehicle use
shall be limited to roads and trails lawfully in existence on
the day before the date of enactment of this Act.
(2) Exception.--Paragraph (1) shall not apply to--
(A) snowmobiles; or
(B) areas specifically identified as open, closed,
or limited in the Owyhee Resource Management Plan.
(e) Schedule.--
(1) <<NOTE: Deadline. Transportation plan.>> Owyhee
front.--It is the intent of Congress that, not later than 1 year
after the date of enactment of this Act, the Secretary shall
complete a transportation plan for the Owyhee Front.
(2) Other bureau of land management land in the county.--It
is the intent <<NOTE: Deadline. Transportation plan.>> of
Congress that, not later than 3 years after the date of
enactment of this Act, the Secretary shall complete a
transportation plan for Bureau of Land Management land in the
County outside the Owyhee Front.
SEC. 1508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
[[Page 123 STAT. 1041]]
Subtitle G--Sabinoso Wilderness, New Mexico
SEC. 1601. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled ``Sabinoso
Wilderness'' and dated September 8, 2008.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS.
(a) <<NOTE: 16 USC 1132 note.>> In General.--In furtherance of the
purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the
approximately 16,030 acres of land under the jurisdiction of the Taos
Field Office Bureau of Land Management, New Mexico, as generally
depicted on the map, is designated as wilderness and as a component of
the National Wilderness Preservation System, to be known as the
``Sabinoso Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the Sabinoso Wilderness with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
any clerical and typographical errors in the map and legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(c) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Sabinoso Wilderness shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(A) any reference in the Wilderness Act to the
effective date of that Act shall be considered to be a
reference to the date of enactment of this Act; and
(B) any reference in the Wilderness Act to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Sabinoso
Wilderness that is acquired by the United States shall--
(A) become part of the Sabinoso Wilderness; and
(B) be managed in accordance with this subtitle and
any other laws applicable to the Sabinoso Wilderness.
[[Page 123 STAT. 1042]]
(3) Grazing.--The grazing of livestock in the Sabinoso
Wilderness, if established before the date of enactment of this
Act, shall be administered in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-405).
(4) Fish and wildlife.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
subtitle affects the jurisdiction of the State with respect to
fish and wildlife in the State.
(5) Access.--
(A) In general.--In accordance with section 5(a) of
the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
shall continue to allow private landowners adequate
access to inholdings in the Sabinoso Wilderness.
(B) Certain land.--For access purposes, private land
within T. 16 N., R. 23 E., secs. 17 and 20 and the N\1/
2\ of sec. 21, N.M.M., shall be managed as an inholding
in the Sabinoso Wilderness.
(d) Withdrawal.--Subject to valid existing rights, the land
generally depicted on the map as ``Lands Withdrawn From Mineral Entry''
and ``Lands Released From Wilderness Study Area & Withdrawn From Mineral
Entry'' is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws, except disposal by exchange in accordance
with section 206 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716);
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(e) Release of Wilderness Study Areas.--Congress finds that, for the
purposes of section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the public lands within the Sabinoso
Wilderness Study Area not designated as wilderness by this subtitle--
(1) have been adequately studied for wilderness designation
and are no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with applicable law
(including subsection (d)) and the land use management plan for
the surrounding area.
Subtitle H--Pictured Rocks National Lakeshore Wilderness
SEC. 1651. DEFINITIONS.
In this subtitle:
(1) Line of demarcation.--The term ``line of demarcation''
means the point on the bank or shore at which the surface waters
of Lake Superior meet the land or sand beach, regardless of the
level of Lake Superior.
[[Page 123 STAT. 1043]]
(2) Map.--The term ``map'' means the map entitled ``Pictured
Rocks National Lakeshore Beaver Basin Wilderness Boundary'',
numbered 625/80,051, and dated April 16, 2007.
(3) National lakeshore.--The term ``National Lakeshore''
means the Pictured Rocks National Lakeshore.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Wilderness.--The term ``Wilderness'' means the Beaver
Basin Wilderness designated by section 1652(a).
SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS.
(a) <<NOTE: 16 USC 1132 note.>> In General.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), the land described in
subsection (b) is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the ``Beaver
Basin Wilderness''.
(b) <<NOTE: 16 USC 1132 note.>> Description of Land.--The land
referred to in subsection (a) is the land and inland water comprising
approximately 11,740 acres within the National Lakeshore, as generally
depicted on the map.
(c) <<NOTE: 16 USC 1132 note.>> Boundary.--
(1) Line of demarcation.--The line of demarcation shall be
the boundary for any portion of the Wilderness that is bordered
by Lake Superior.
(2) Surface water.--The surface water of Lake Superior,
regardless of the fluctuating lake level, shall be considered to
be outside the boundary of the Wilderness.
(d) Map and Legal Description.--
(1) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(2) Legal description.--As soon as practicable after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a
legal description of the boundary of the Wilderness.
(3) Force and effect.--The map and the legal description
submitted under paragraph (2) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct any clerical or typographical errors in
the map and legal description.
SEC. 1653. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the Wilderness
shall be administered by the Secretary in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) with respect to land administered by the Secretary, any
reference in that Act to the Secretary of Agriculture shall be
considered to be a reference to the Secretary.
(b) Use of Electric Motors.--The use of boats powered by electric
motors on Little Beaver and Big Beaver Lakes may continue, subject to
any applicable laws (including regulations).
[[Page 123 STAT. 1044]]
SEC. 1654. EFFECT.
Nothing in this subtitle--
(1) modifies, alters, or affects any treaty rights;
(2) alters the management of the water of Lake Superior
within the boundary of the Pictured Rocks National Lakeshore in
existence on the date of enactment of this Act; or
(3) prohibits--
(A) the use of motors on the surface water of Lake
Superior adjacent to the Wilderness; or
(B) the beaching of motorboats at the line of
demarcation.
Subtitle I--Oregon Badlands Wilderness
SEC. 1701. DEFINITIONS.
In this subtitle:
(1) District.--The term ``District'' means the Central
Oregon Irrigation District.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Oregon.
(4) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Badlands Wilderness'' and dated September 3,
2008.
SEC. 1702. OREGON BADLANDS WILDERNESS.
(a) <<NOTE: 16 USC 1132 note.>> Designation.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 29,301
acres of Bureau of Land Management land in the State, as generally
depicted on the wilderness map, is designated as wilderness and as a
component of the National Wilderness Preservation System, to be known as
the ``Oregon Badlands Wilderness''.
(b) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Oregon Badlands Wilderness shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), except that--
(A) any reference in the Wilderness Act to the
effective date of that Act shall be considered to be a
reference to the date of enactment of this Act; and
(B) any reference in the Wilderness Act to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Oregon Badlands
Wilderness that is acquired by the United States shall--
(A) become part of the Oregon Badlands Wilderness;
and
(B) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) Grazing.--The grazing of livestock in the Oregon
Badlands Wilderness, if established before the date of enactment
of this Act, shall be permitted to continue subject to such
[[Page 123 STAT. 1045]]
reasonable regulations as are considered necessary by the
Secretary in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-405).
(4) Access to private property.--In accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
shall provide any owner of private property within the boundary
of the Oregon Badlands Wilderness adequate access to the
property.
(c) <<NOTE: 16 USC 1132 note.>> Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain
Federal land managed by the Bureau of Land Management with a
width of 25 feet, as generally depicted on the wilderness map as
``Potential Wilderness'', is designated as potential wilderness.
(2) Interim management.--The potential wilderness designated
by paragraph (1) shall be managed in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that the
Secretary may allow nonconforming uses that are authorized and
in existence on the date of enactment of this Act to continue in
the potential wilderness.
(3) <<NOTE: Federal Register, publication. Notice.>>
Designation as wilderness.--On the date on which the Secretary
publishes in the Federal Register notice that any nonconforming
uses in the potential wilderness designated by paragraph (1)
that are permitted under paragraph (2) have terminated, the
potential wilderness shall be--
(A) designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) incorporated into the Oregon Badlands
Wilderness.
(d) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Oregon Badlands Wilderness with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
typographical errors in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
SEC. 1703. RELEASE.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the portions of the Badlands wilderness study area that are
not designated as the Oregon Badlands Wilderness
[[Page 123 STAT. 1046]]
or as potential wilderness have been adequately studied for wilderness
or potential wilderness designation.
(b) Release.--Any public land described in subsection (a) that is
not designated as wilderness by this subtitle--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with the applicable land
use plan adopted under section 202 of that Act (43 U.S.C. 1712).
SEC. 1704. LAND EXCHANGES.
(a) Clarno Land Exchange.--
(1) Conveyance of land.--Subject to subsections (c) through
(e), if the landowner offers to convey to the United States all
right, title, and interest of the landowner in and to the non-
Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-
Federal land, convey to the Landowner all right, title,
and interest of the United States in and to the Federal
land described in paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred
to in paragraph (1) is the approximately 239 acres of
non-Federal land identified on the wilderness map as
``Clarno to Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 209 acres of
Federal land identified on the wilderness map as
``Federal Government to Clarno''.
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2)
shall be determined by surveys approved by the Secretary.
(b) District Exchange.--
(1) Conveyance of land.--Subject to subsections (c) through
(e), if the District offers to convey to the United States all
right, title, and interest of the District in and to the non-
Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-
Federal land, convey to the District all right, title,
and interest of the United States in and to the Federal
land described in paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred
to in paragraph (1) is the approximately 527 acres of
non-Federal land identified on the wilderness map as
``COID to Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 697 acres of
Federal land identified on the wilderness map as
``Federal Government to COID''.
[[Page 123 STAT. 1047]]
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2)
shall be determined by surveys approved by the Secretary.
(c) Applicable Law.--Except as otherwise provided in this section,
the Secretary shall carry out the land exchanges under this section in
accordance with section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716).
(d) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal land and the non-
Federal land to be conveyed in a land exchange under this
section--
(A) shall be equal, as determined by appraisals
conducted in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance
with paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and the non-
Federal land to be exchanged under this section shall be
appraised by an independent, qualified appraiser that is
agreed to by the Secretary and the owner of the non-
Federal land to be exchanged.
(B) Requirements.--An appraisal under subparagraph
(A) shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(3) Equalization.--
(A) In general.--If the value of the Federal land
and the non-Federal land to be conveyed in a land
exchange under this section is not equal, the value may
be equalized by--
(i) making a cash equalization payment to the
Secretary or to the owner of the non-Federal land,
as appropriate, in accordance with section 206(b)
of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716(b)); or
(ii) reducing the acreage of the Federal land
or the non-Federal land to be exchanged, as
appropriate.
(B) Cash equalization payments.--Any cash
equalization payments received by the Secretary under
subparagraph (A)(i) shall be--
(i) deposited in the Federal Land Disposal
Account established by section 206(a) of the
Federal Land Transaction Facilitation Act (43
U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(e) Conditions of Exchange.--
(1) In general.--The land exchanges under this section shall
be subject to such terms and conditions as the Secretary may
require.
(2) Costs.--As a condition of a conveyance of Federal land
and non-Federal land under this section, the Federal Government
and the owner of the non-Federal land shall equally share all
costs relating to the land exchange, including the costs of
appraisals, surveys, and any necessary environmental clearances.
[[Page 123 STAT. 1048]]
(3) Valid existing rights.--The exchange of Federal land and
non-Federal land under this section shall be subject to any
easements, rights-of-way, and other valid rights in existence on
the date of enactment of this Act.
(f) <<NOTE: Deadline.>> Completion of Land Exchange.--It is the
intent of Congress that the land exchanges under this section shall be
completed not later than 2 years after the date of enactment of this
Act.
SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges, diminishes, or
abrogates the treaty rights of any Indian tribe, including the off-
reservation reserved rights secured by the Treaty with the Tribes and
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
Subtitle J--Spring Basin Wilderness, Oregon
SEC. 1751. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Oregon.
(3) Tribes.--The term ``Tribes'' means the Confederated
Tribes of the Warm Springs Reservation of Oregon.
(4) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Spring Basin Wilderness with Land Exchange
Proposals'' and dated September 3, 2008.
SEC. 1752. SPRING BASIN WILDERNESS.
(a) <<NOTE: 16 USC 1132 note.>> Designation.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 6,382
acres of Bureau of Land Management land in the State, as generally
depicted on the wilderness map, is designated as wilderness and as a
component of the National Wilderness Preservation System, to be known as
the ``Spring Basin Wilderness''.
(b) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Spring Basin Wilderness shall be administered by the Secretary
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(A) any reference in the Wilderness Act to the
effective date of that Act shall be considered to be a
reference to the date of enactment of this Act; and
(B) any reference in the Wilderness Act to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Spring Basin
Wilderness that is acquired by the United States shall--
(A) become part of the Spring Basin Wilderness; and
(B) be managed in accordance with this Act, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) Grazing.--The grazing of livestock in the Spring Basin
Wilderness, if established before the date of enactment of this
Act, shall be permitted to continue subject to such reasonable
[[Page 123 STAT. 1049]]
regulations as are considered necessary by the Secretary, in
accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-405).
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the Spring Basin Wilderness with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this section, except that the Secretary may correct
any typographical errors in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
SEC. 1753. RELEASE.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the portions of the Spring Basin wilderness study area that
are not designated by section 1752(a) as the Spring Basin Wilderness in
the following areas have been adequately studied for wilderness
designation:
(1) T. 8 S., R. 19 E., sec. 10, NE \1/4\, W \1/2\.
(2) T. 8 S., R.19 E., sec. 25, SE \1/4\, SE \1/4\.
(3) T. 8 S., R. 20 E., sec. 19, SE \1/4\, S \1/2\ of the S
\1/2\.
(b) Release.--Any public land described in subsection (a) that is
not designated as wilderness by this subtitle--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with the applicable land
use plan adopted under section 202 of that Act (43 U.S.C. 1712).
SEC. 1754. LAND EXCHANGES.
(a) Confederated Tribes of the Warm Springs Reservation Land
Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the Tribes offer to convey to the United States all
right, title, and interest of the Tribes in and to the non-
Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-
Federal land, convey to the Tribes all right, title, and
interest of the United States in and to the Federal land
described in paragraph (2)(B).
(2) Description of land.--
[[Page 123 STAT. 1050]]
(A) Non-federal land.--The non-Federal land referred
to in paragraph (1) is the approximately 4,480 acres of
non-Federal land identified on the wilderness map as
``Lands proposed for transfer from the CTWSIR to the
Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 4,578 acres of
Federal land identified on the wilderness map as ``Lands
proposed for transfer from the Federal Government to
CTWSIR''.
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2)
shall be determined by surveys approved by the Secretary.
(4) Withdrawal.--Subject to valid existing rights, the land
acquired by the Secretary under this subsection is withdrawn
from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under any law relating to mineral
and geothermal leasing or mineral materials.
(b) McGreer Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States all
right, title, and interest of the landowner in and to the non-
Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-
Federal land, convey to the landowner all right, title,
and interest of the United States in and to the Federal
land described in paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred
to in paragraph (1) is the approximately 18 acres of
non-Federal land identified on the wilderness map as
``Lands proposed for transfer from McGreer to the
Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 327 acres of
Federal land identified on the wilderness map as ``Lands
proposed for transfer from the Federal Government to
McGreer''.
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2)
shall be determined by surveys approved by the Secretary.
(c) Keys Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States all
right, title, and interest of the landowner in and to the non-
Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-
Federal land, convey to the landowner all right, title,
and interest of the United States in and to the Federal
land described in paragraph (2)(B).
[[Page 123 STAT. 1051]]
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred
to in paragraph (1) is the approximately 180 acres of
non-Federal land identified on the wilderness map as
``Lands proposed for transfer from Keys to the Federal
Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 187 acres of
Federal land identified on the wilderness map as ``Lands
proposed for transfer from the Federal Government to
Keys''.
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2)
shall be determined by surveys approved by the Secretary.
(d) Bowerman Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States all
right, title, and interest of the landowner in and to the non-
Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-
Federal land, convey to the landowner all right, title,
and interest of the United States in and to the Federal
land described in paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred
to in paragraph (1) is the approximately 32 acres of
non-Federal land identified on the wilderness map as
``Lands proposed for transfer from Bowerman to the
Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 24 acres of
Federal land identified on the wilderness map as ``Lands
proposed for transfer from the Federal Government to
Bowerman''.
(3) Surveys.--The exact acreage and legal description of the
Federal land and non-Federal land described in paragraph (2)
shall be determined by surveys approved by the Secretary.
(e) Applicable Law.--Except as otherwise provided in this section,
the Secretary shall carry out the land exchanges under this section in
accordance with section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716).
(f) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal land and the non-
Federal land to be conveyed in a land exchange under this
section--
(A) shall be equal, as determined by appraisals
conducted in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance
with paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and the non-
Federal land to be exchanged under this section shall be
appraised by an independent, qualified appraiser that is
agreed to by the Secretary and the owner of the non-
Federal land to be exchanged.
(B) Requirements.--An appraisal under subparagraph
(A) shall be conducted in accordance with--
[[Page 123 STAT. 1052]]
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(3) Equalization.--
(A) In general.--If the value of the Federal land
and the non-Federal land to be conveyed in a land
exchange under this section is not equal, the value may
be equalized by--
(i) making a cash equalization payment to the
Secretary or to the owner of the non-Federal land,
as appropriate, in accordance with section 206(b)
of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716(b)); or
(ii) reducing the acreage of the Federal land
or the non-Federal land to be exchanged, as
appropriate.
(B) Cash equalization payments.--Any cash
equalization payments received by the Secretary under
subparagraph (A)(i) shall be--
(i) deposited in the Federal Land Disposal
Account established by section 206(a) of the
Federal Land Transaction Facilitation Act (43
U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(g) Conditions of Exchange.--
(1) In general.--The land exchanges under this section shall
be subject to such terms and conditions as the Secretary may
require.
(2) Costs.--As a condition of a conveyance of Federal land
and non-Federal land under this section, the Federal Government
and the owner of the non-Federal land shall equally share all
costs relating to the land exchange, including the costs of
appraisals, surveys, and any necessary environmental clearances.
(3) Valid existing rights.--The exchange of Federal land and
non-Federal land under this section shall be subject to any
easements, rights-of-way, and other valid rights in existence on
the date of enactment of this Act.
(h) <<NOTE: Deadline.>> Completion of Land Exchange.--It is the
intent of Congress that the land exchanges under this section shall be
completed not later than 2 years after the date of enactment of this
Act.
SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges, diminishes, or
abrogates the treaty rights of any Indian tribe, including the off-
reservation reserved rights secured by the Treaty with the Tribes and
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness,
California
SEC. 1801. <<NOTE: 16 USC 460vvv note.>> DEFINITIONS.
In this subtitle:
(1) Forest.--The term ``Forest'' means the Ancient
Bristlecone Pine Forest designated by section 1808(a).
[[Page 123 STAT. 1053]]
(2) Recreation area.--The term ``Recreation Area'' means the
Bridgeport Winter Recreation Area designated by section 1806(a).
(3) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(4) State.--The term ``State'' means the State of
California.
(5) Trail.--The term ``Trail'' means the Pacific Crest
National Scenic Trail.
SEC. 1802. <<NOTE: 16 USC 1132 note.>> DESIGNATION OF WILDERNESS
AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
following areas in the State are designated as wilderness and as
components of the National Wilderness Preservation System:
(1) Hoover wilderness additions.--
(A) In general.--Certain land in the Humboldt-
Toiyabe and Inyo National Forests, comprising
approximately 79,820 acres and identified as ``Hoover
East Wilderness Addition,'' ``Hoover West Wilderness
Addition'', and ``Bighorn Proposed Wilderness
Addition'', as generally depicted on the maps described
in subparagraph (B), is incorporated in, and shall be
considered to be a part of, the Hoover Wilderness.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Humboldt-Toiyabe
National Forest Proposed Management'' and dated
September 17, 2008; and
(ii) the map entitled ``Bighorn Proposed
Wilderness Additions'' and dated September 23,
2008.
(C) Effect.--The designation of the wilderness under
subparagraph (A) shall not affect the ongoing activities
of the adjacent United States Marine Corps Mountain
Warfare Training Center on land outside the designated
wilderness, in accordance with the agreement between the
Center and the Humboldt-Toiyabe National Forest.
(2) Owens river headwaters wilderness.--Certain land in the
Inyo National Forest, comprising approximately 14,721 acres, as
generally depicted on the map entitled ``Owens River Headwaters
Proposed Wilderness'' and dated September 16, 2008, which shall
be known as the ``Owens River Headwaters Wilderness''.
(3) John muir wilderness additions.--
(A) In general.--Certain land in the Inyo National
Forest and certain land administered by the Bureau of
Land Management in Inyo County, California, comprising
approximately 70,411 acres, as generally depicted on the
maps described in subparagraph (B), is incorporated in,
and shall be considered to be a part of, the John Muir
Wilderness.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``John Muir Proposed
Wilderness Addition (1 of 5)'' and dated September
23, 2008;
[[Page 123 STAT. 1054]]
(ii) the map entitled ``John Muir Proposed
Wilderness Addition (2 of 5)'' and dated September
23, 2008;
(iii) the map entitled ``John Muir Proposed
Wilderness Addition (3 of 5)'' and dated October
31, 2008;
(iv) the map entitled ``John Muir Proposed
Wilderness Addition (4 of 5)'' and dated September
16, 2008; and
(v) the map entitled ``John Muir Proposed
Wilderness Addition (5 of 5)'' and dated September
16, 2008.
(C) Boundary revision.--The boundary of the John
Muir Wilderness is revised as depicted on the map
entitled ``John Muir Wilderness--Revised'' and dated
September 16, 2008.
(4) Ansel adams wilderness addition.--Certain land in the
Inyo National Forest, comprising approximately 528 acres, as
generally depicted on the map entitled ``Ansel Adams Proposed
Wilderness Addition'' and dated September 16, 2008, is
incorporated in, and shall be considered to be a part of, the
Ansel Adams Wilderness.
(5) White mountains wilderness.--
(A) In general.--Certain land in the Inyo National
Forest and certain land administered by the Bureau of
Land Management in Mono County, California, comprising
approximately 229,993 acres, as generally depicted on
the maps described in subparagraph (B), which shall be
known as the ``White Mountains Wilderness''.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``White Mountains
Proposed Wilderness-Map 1 of 2 (North)'' and dated
September 16, 2008; and
(ii) the map entitled ``White Mountains
Proposed Wilderness-Map 2 of 2 (South)'' and dated
September 16, 2008.
(6) Granite mountain wilderness.--Certain land in the Inyo
National Forest and certain land administered by the Bureau of
Land Management in Mono County, California, comprising
approximately 34,342 acres, as generally depicted on the map
entitled ``Granite Mountain Wilderness'' and dated September 19,
2008, which shall be known as the ``Granite Mountain
Wilderness''.
(7) Magic mountain wilderness.--Certain land in the Angeles
National Forest, comprising approximately 12,282 acres, as
generally depicted on the map entitled ``Magic Mountain Proposed
Wilderness'' and dated December 16, 2008, which shall be known
as the ``Magic Mountain Wilderness''.
(8) Pleasant view ridge wilderness.--Certain land in the
Angeles National Forest, comprising approximately 26,757 acres,
as generally depicted on the map entitled ``Pleasant View Ridge
Proposed Wilderness'' and dated December 16, 2008, which shall
be known as the ``Pleasant View Ridge Wilderness''.
SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, the Secretary
shall administer the wilderness areas and wilderness additions
designated by this subtitle in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
[[Page 123 STAT. 1055]]
(1) any reference in that Act to the effective date shall be
considered to be a reference to the date of enactment of this
Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the land.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of each wilderness area and wilderness addition
designated by this subtitle with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources of
the Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
any errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Secretary.
(c) Incorporation of Acquired Land and Interests.--Any land (or
interest in land) within the boundary of a wilderness area or wilderness
addition designated by this subtitle that is acquired by the Federal
Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(d) Withdrawal.--Subject to valid rights in existence on the date of
enactment of this Act, any Federal land designated as a wilderness area
or wilderness addition by this subtitle is withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing or mineral materials.
(e) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by this
subtitle as are necessary for the control of fire, insects, and
diseases in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire and fuels management in the wilderness areas
and wilderness additions designated by this subtitle.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local fire management
plans that apply to the land designated as a wilderness area or
wilderness addition by this subtitle.
[[Page 123 STAT. 1056]]
(4) Administration.--Consistent with paragraph (1) and other
applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness areas and
wilderness additions designated by this subtitle, the Secretary
shall--
(A) <<NOTE: Deadline. Procedures.>> not later than
1 year after the date of enactment of this Act,
establish agency approval procedures (including
appropriate delegations of authority to the Forest
Supervisor, District Manager, or other agency officials)
for responding to fire emergencies; and
(B) <<NOTE: Contracts.>> enter into agreements with
appropriate State or local firefighting agencies.
(f) Access to Private Property.--The Secretary shall provide any
owner of private property within the boundary of a wilderness area or
wilderness addition designated by this subtitle adequate access to the
property to ensure the reasonable use and enjoyment of the property by
the owner.
(g) Military Activities.--Nothing in this subtitle precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by this
subtitle;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by this
subtitle; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated
by this subtitle.
(h) Livestock.--Grazing of livestock and the maintenance of existing
facilities relating to grazing in wilderness areas or wilderness
additions designated by this subtitle, if established before the date of
enactment of this Act, shall be permitted to continue in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress (H.
Rept. 101-405).
(i) Fish and Wildlife Management.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry
out management activities to maintain or restore fish and
wildlife populations and fish and wildlife habitats in
wilderness areas or wilderness additions designated by this
subtitle if the activities are--
(A) consistent with applicable wilderness management
plans; and
(B) carried out in accordance with applicable
guidelines and policies.
(2) State jurisdiction.--Nothing in this subtitle affects
the jurisdiction of the State with respect to fish and wildlife
on public land located in the State.
(j) Horses.--Nothing in this subtitle precludes horseback riding in,
or the entry of recreational or commercial saddle or pack stock into, an
area designated as wilderness or as a wilderness addition by this
subtitle--
(1) in accordance with section 4(d)(5) of the Wilderness Act
(16 U.S.C. 1133(d)(5)); and
[[Page 123 STAT. 1057]]
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(k) Outfitter and Guide Use.--Outfitter and guide activities
conducted under permits issued by the Forest Service on the additions to
the John Muir, Ansel Adams, and Hoover wilderness areas designated by
this subtitle shall be in addition to any existing limits established
for the John Muir, Ansel Adams, and Hoover wilderness areas.
(l) Transfer to the Forest Service.--
(1) White mountains wilderness.--Administrative jurisdiction
over the approximately 946 acres of land identified as
``Transfer of Administrative Jurisdiction from BLM to FS'' on
the maps described in section 1802(5)(B) is transferred from the
Bureau of Land Management to the Forest Service to be managed as
part of the White Mountains Wilderness.
(2) John muir wilderness.--Administrative jurisdiction over
the approximately 143 acres of land identified as ``Transfer of
Administrative Jurisdiction from BLM to FS'' on the maps
described in section 1802(3)(B) is transferred from the Bureau
of Land Management to the Forest Service to be managed as part
of the John Muir Wilderness.
(m) Transfer to the Bureau of Land Management.--Administrative
jurisdiction over the approximately 3,010 acres of land identified as
``Land from FS to BLM'' on the maps described in section 1802(6) is
transferred from the Forest Service to the Bureau of Land Management to
be managed as part of the Granite Mountain Wilderness.
SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for purposes of section 603 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), any
portion of a wilderness study area described in subsection (b) that is
not designated as a wilderness area or wilderness addition by this
subtitle or any other Act enacted before the date of enactment of this
Act has been adequately studied for wilderness.
(b) Description of Study Areas.--The study areas referred to in
subsection (a) are--
(1) the Masonic Mountain Wilderness Study Area;
(2) the Mormon Meadow Wilderness Study Area;
(3) the Walford Springs Wilderness Study Area; and
(4) the Granite Mountain Wilderness Study Area.
(c) Release.--Any portion of a wilderness study area described in
subsection (b) that is not designated as a wilderness area or wilderness
addition by this subtitle or any other Act enacted before the date of
enactment of this Act shall not be subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as amended by section 1504(a)) is amended by adding at
the end the following:
``(196) Amargosa river, california.--The following segments
of the Amargosa River in the State of California, to be
administered by the Secretary of the Interior:
``(A) The approximately 4.1-mile segment of the
Amargosa River from the northern boundary of sec. 7,
[[Page 123 STAT. 1058]]
T. 21 N., R. 7 E., to 100 feet upstream of the Tecopa
Hot Springs road crossing, as a scenic river.
``(B) The approximately 8-mile segment of the
Amargosa River from 100 feet downstream of the Tecopa
Hot Springs Road crossing to 100 feet upstream of the
Old Spanish Trail Highway crossing near Tecopa, as a
scenic river.
``(C) The approximately 7.9-mile segment of the
Amargosa River from the northern boundary of sec. 16, T.
20 N., R. 7 E., to .25 miles upstream of the confluence
with Sperry Wash in sec. 10, T. 19 N., R. 7 E., as a
wild river.
``(D) The approximately 4.9-mile segment of the
Amargosa River from .25 miles upstream of the confluence
with Sperry Wash in sec. 10, T. 19 N., R. 7 E. to 100
feet upstream of the Dumont Dunes access road crossing
in sec. 32, T. 19 N., R. 7 E., as a recreational river.
``(E) The approximately 1.4-mile segment of the
Amargosa River from 100 feet downstream of the Dumont
Dunes access road crossing in sec. 32, T. 19 N., R. 7
E., as a recreational river.
``(197) Owens river headwaters, california.--The following
segments of the Owens River in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 2.3-mile segment of Deadman Creek from the
2-forked source east of San Joaquin Peak to the
confluence with the unnamed tributary flowing north into
Deadman Creek from sec. 12, T. 3 S., R. 26 E., as a wild
river.
``(B) The 2.3-mile segment of Deadman Creek from the
unnamed tributary confluence in sec. 12, T. 3 S., R. 26
E., to the Road 3S22 crossing, as a scenic river.
``(C) The 4.1-mile segment of Deadman Creek from the
Road 3S22 crossing to .25 miles downstream of the
Highway 395 crossing, as a recreational river.
``(D) The 3-mile segment of Deadman Creek from .25
miles downstream of the Highway 395 crossing to 100 feet
upstream of Big Springs, as a scenic river.
``(E) The 1-mile segment of the Upper Owens River
from 100 feet upstream of Big Springs to the private
property boundary in sec. 19, T. 2 S., R. 28 E., as a
recreational river.
``(F) The 4-mile segment of Glass Creek from its 2-
forked source to 100 feet upstream of the Glass Creek
Meadow Trailhead parking area in sec. 29, T. 2 S., R.27
E., as a wild river.
``(G) The 1.3-mile segment of Glass Creek from 100
feet upstream of the trailhead parking area in sec. 29
to the end of Glass Creek Road in sec. 21, T. 2 S., R.
27 E., as a scenic river.
``(H) The 1.1-mile segment of Glass Creek from the
end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E.,
to the confluence with Deadman Creek, as a recreational
river.
``(198) Cottonwood creek, california.--The following
segments of Cottonwood Creek in the State of California:
[[Page 123 STAT. 1059]]
``(A) The 17.4-mile segment from its headwaters at
the spring in sec. 27, T 4 S., R. 34 E., to the Inyo
National Forest boundary at the east section line of sec
3, T. 6 S., R. 36 E., as a wild river to be administered
by the Secretary of Agriculture.
``(B) The 4.1-mile segment from the Inyo National
Forest boundary to the northern boundary of sec. 5, T.4
S., R. 34 E., as a recreational river, to be
administered by the Secretary of the Interior.
``(199) Piru creek, california.--The following segments of
Piru Creek in the State of California, to be administered by the
Secretary of Agriculture:
``(A) The 3-mile segment of Piru Creek from 0.5
miles downstream of Pyramid Dam at the first bridge
crossing to the boundary of the Sespe Wilderness, as a
recreational river.
``(B) The 4.25-mile segment from the boundary of the
Sespe Wilderness to the boundary between Los Angeles and
Ventura Counties, as a wild river.''.
(b) <<NOTE: 16 USC 1274 note.>> Effect.--The designation of Piru
Creek under subsection (a) shall not affect valid rights in existence on
the date of enactment of this Act.
SEC. 1806. <<NOTE: 16 USC 460vvv.>> BRIDGEPORT WINTER RECREATION
AREA.
(a) Designation.--The approximately 7,254 acres of land in the
Humboldt-Toiyabe National Forest identified as the ``Bridgeport Winter
Recreation Area'', as generally depicted on the map entitled ``Humboldt-
Toiyabe National Forest Proposed Management'' and dated September 17,
2008, is designated as the Bridgeport Winter Recreation Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Recreation Area with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources of
the Senate.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
any errors in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--
(1) Interim management.--Until completion of the management
plan required under subsection (d), and except as provided in
paragraph (2), the Recreation Area shall be managed in
accordance with the Toiyabe National Forest Land and Resource
Management Plan of 1986 (as in effect on the day of enactment of
this Act).
(2) Use of snowmobiles.--The winter use of snowmobiles shall
be allowed in the Recreation Area--
(A) during periods of adequate snow coverage during
the winter season; and
[[Page 123 STAT. 1060]]
(B) subject to any terms and conditions determined
to be necessary by the Secretary.
(d) <<NOTE: Deadline.>> Management Plan.--To ensure the sound
management and enforcement of the Recreation Area, the Secretary shall,
not later than 1 year after the date of enactment of this Act, undergo a
public process to develop a winter use management plan that provides
for--
(1) adequate signage;
(2) a public education program on allowable usage areas;
(3) measures to ensure adequate sanitation;
(4) a monitoring and enforcement strategy; and
(5) measures to ensure the protection of the Trail.
(e) Enforcement.--The Secretary shall prioritize enforcement
activities in the Recreation Area--
(1) to prohibit degradation of natural resources in the
Recreation Area;
(2) to prevent interference with nonmotorized recreation on
the Trail; and
(3) to reduce user conflicts in the Recreation Area.
(f) Pacific Crest National Scenic Trail.--The Secretary shall
establish an appropriate snowmobile crossing point along the Trail in
the area identified as ``Pacific Crest Trail Proposed Crossing Area'' on
the map entitled ``Humboldt-Toiyable National Forest Proposed
Management'' and dated September 17, 2008--
(1) in accordance with--
(A) the National Trails System Act (16 U.S.C. 1241
et seq.); and
(B) any applicable environmental and public safety
laws; and
(2) subject to the terms and conditions the Secretary
determines to be necessary to ensure that the crossing would
not--
(A) interfere with the nature and purposes of the
Trail; or
(B) harm the surrounding landscape.
SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE NATIONAL
FOREST.
Certain land in the Humboldt-Toiyabe National Forest, comprising
approximately 3,690 acres identified as ``Pickel Hill Management Area'',
as generally depicted on the map entitled ``Humboldt-Toiyabe National
Forest Proposed Management'' and dated September 17, 2008, shall be
managed in a manner consistent with the non-Wilderness forest areas
immediately surrounding the Pickel Hill Management Area, including the
allowance of snowmobile use.
SEC. 1808. <<NOTE: 16 USC 539o.>> ANCIENT BRISTLECONE PINE
FOREST.
(a) Designation.--To conserve and protect the Ancient Bristlecone
Pines by maintaining near-natural conditions and to ensure the survival
of the Pines for the purposes of public enjoyment and scientific study,
the approximately 31,700 acres of public land in the State, as generally
depicted on the map entitled ``Ancient Bristlecone Pine Forest--
Proposed'' and dated July 16, 2008, is designated as the ``Ancient
Bristlecone Pine Forest''.
(b) Map and Legal Description.--
(1) <<NOTE: Deadline.>> In general.--As soon as
practicable, but not later than 3 years after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Forest with--
[[Page 123 STAT. 1061]]
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources of
the Senate.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
any errors in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--
(1) In general.--The Secretary shall administer the Forest--
(A) in a manner that--
(i) protect the resources and values of the
area in accordance with the purposes for which the
Forest is established, as described in subsection
(a); and
(ii) promotes the objectives of the applicable
management plan (as in effect on the date of
enactment of this Act), including objectives
relating to--
(I) the protection of bristlecone
pines for public enjoyment and
scientific study;
(II) the recognition of the
botanical, scenic, and historical values
of the area; and
(III) the maintenance of near-
natural conditions by ensuring that all
activities are subordinate to the needs
of protecting and preserving bristlecone
pines and wood remnants; and
(B) in accordance with the National Forest
Management Act of 1976 (16 U.S.C. 1600 et seq.), this
section, and any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only such
uses of the Forest as the Secretary determines would
further the purposes for which the Forest is
established, as described in subsection (a).
(B) Scientific research.--Scientific research shall
be allowed in the Forest in accordance with the Inyo
National Forest Land and Resource Management Plan (as in
effect on the date of enactment of this Act).
(3) Withdrawal.--Subject to valid existing rights, all
Federal land within the Forest is withdrawn from--
(A) all forms of entry, appropriation or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
Subtitle L--Riverside County Wilderness, California
SEC. 1851. WILDERNESS DESIGNATION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means--
[[Page 123 STAT. 1062]]
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(b) Designation of Wilderness, Cleveland and San Bernardino National
Forests, Joshua Tree National Park, and Bureau of Land Management Land
in Riverside County, California.--
(1) <<NOTE: 16 USC 1132 note.>> Designations.--
(A) Agua tibia wilderness additions.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in the Cleveland National Forest and
certain land administered by the Bureau of Land
Management in Riverside County, California, together
comprising approximately 2,053 acres, as generally
depicted on the map titled ``Proposed Addition to Agua
Tibia Wilderness'', and dated May 9, 2008, is designated
as wilderness and is incorporated in, and shall be
deemed to be a part of, the Agua Tibia Wilderness
designated by section 2(a) of Public Law 93-632 (88
Stat. 2154; 16 U.S.C. 1132 note).
(B) Cahuilla mountain wilderness.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in the San Bernardino National Forest,
California, comprising approximately 5,585 acres, as
generally depicted on the map titled ``Cahuilla Mountain
Proposed Wilderness'', and dated May 1, 2008, is
designated as wilderness and, therefore, as a component
of the National Wilderness Preservation System, which
shall be known as the ``Cahuilla Mountain Wilderness''.
(C) South fork san jacinto wilderness.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), certain land in the San Bernardino National
Forest, California, comprising approximately 20,217
acres, as generally depicted on the map titled ``South
Fork San Jacinto Proposed Wilderness'', and dated May 1,
2008, is designated as wilderness and, therefore, as a
component of the National Wilderness Preservation
System, which shall be known as the ``South Fork San
Jacinto Wilderness''.
(D) Santa rosa wilderness additions.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in the San Bernardino National Forest,
California, and certain land administered by the Bureau
of Land Management in Riverside County, California,
comprising approximately 2,149 acres, as generally
depicted on the map titled ``Santa Rosa-San Jacinto
National Monument Expansion and Santa Rosa Wilderness
Addition'', and dated March 12, 2008, is designated as
wilderness and is incorporated in, and shall be deemed
to be a part of, the Santa Rosa Wilderness designated by
section 101(a)(28) of Public Law 98-425 (98 Stat. 1623;
16 U.S.C. 1132 note) and expanded by paragraph (59) of
section 102 of Public Law 103-433 (108 Stat. 4472; 16
U.S.C. 1132 note).
(E) Beauty mountain wilderness.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain
land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately
[[Page 123 STAT. 1063]]
15,621 acres, as generally depicted on the map titled
``Beauty Mountain Proposed Wilderness'', and dated April
3, 2007, is designated as wilderness and, therefore, as
a component of the National Wilderness Preservation
System, which shall be known as the ``Beauty Mountain
Wilderness''.
(F) Joshua tree national park wilderness
additions.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), certain land in Joshua Tree
National Park, comprising approximately 36,700 acres, as
generally depicted on the map numbered 156/80,055, and
titled ``Joshua Tree National Park Proposed Wilderness
Additions'', and dated March 2008, is designated as
wilderness and is incorporated in, and shall be deemed
to be a part of, the Joshua Tree Wilderness designated
by section 1(g) of Public Law 94-567 (90 Stat. 2692; 16
U.S.C. 1132 note).
(G) Orocopia mountains wilderness additions.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), certain land administered by the Bureau of Land
Management in Riverside County, California, comprising
approximately 4,635 acres, as generally depicted on the
map titled ``Orocopia Mountains Proposed Wilderness
Addition'', and dated May 8, 2008, is designated as
wilderness and is incorporated in, and shall be deemed
to be a part of, the Orocopia Mountains Wilderness as
designated by paragraph (44) of section 102 of Public
Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note),
except that the wilderness boundaries established by
this subsection in Township 7 South, Range 13 East,
exclude--
(i) a corridor 250 feet north of the
centerline of the Bradshaw Trail;
(ii) a corridor 250 feet from both sides of
the centerline of the vehicle route in the unnamed
wash that flows between the Eagle Mountain
Railroad on the south and the existing Orocopia
Mountains Wilderness boundary; and
(iii) a corridor 250 feet from both sides of
the centerline of the vehicle route in the unnamed
wash that flows between the Chocolate Mountain
Aerial Gunnery Range on the south and the existing
Orocopia Mountains Wilderness boundary.
(H) Palen/McCoy wilderness additions.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land administered by the Bureau of Land
Management in Riverside County, California, comprising
approximately 22,645 acres, as generally depicted on the
map titled ``Palen-McCoy Proposed Wilderness
Additions'', and dated May 8, 2008, is designated as
wilderness and is incorporated in, and shall be deemed
to be a part of, the Palen/McCoy Wilderness as
designated by paragraph (47) of section 102 of Public
Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).
(I) Pinto mountains wilderness.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain
land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately
24,404
[[Page 123 STAT. 1064]]
acres, as generally depicted on the map titled ``Pinto
Mountains Proposed Wilderness'', and dated February 21,
2008, is designated as wilderness and, therefore, as a
component of the National Wilderness Preservation
System, which shall be known as the ``Pinto Mountains
Wilderness''.
(J) Chuckwalla mountains wilderness additions.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), certain land administered by the Bureau of Land
Management in Riverside County, California, comprising
approximately 12,815 acres, as generally depicted on the
map titled ``Chuckwalla Mountains Proposed Wilderness
Addition'', and dated May 8, 2008, is designated as
wilderness and is incorporated in, and shall be deemed
to be a part of the Chuckwalla Mountains Wilderness as
designated by paragraph (12) of section 102 of Public
Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).
(2) Maps and descriptions.--
(A) In general.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall
file a map and legal description of each wilderness area
and wilderness addition designated by this section with
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(B) Force of law.--A map and legal description filed
under subparagraph (A) shall have the same force and
effect as if included in this section, except that the
Secretary may correct errors in the map and legal
description.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall be filed
and made available for public inspection in the
appropriate office of the Secretary.
(3) Utility facilities.--Nothing in this section prohibits
the construction, operation, or maintenance, using standard
industry practices, of existing utility facilities located
outside of the wilderness areas and wilderness additions
designated by this section.
(c) <<NOTE: 16 USC 1132 note.>> Joshua Tree National Park Potential
Wilderness.--
(1) Designation of potential wilderness.--Certain land in
the Joshua Tree National Park, comprising approximately 43,300
acres, as generally depicted on the map numbered 156/80,055, and
titled ``Joshua Tree National Park Proposed Wilderness
Additions'', and dated March 2008, is designated potential
wilderness and shall be managed by the Secretary of the Interior
insofar as practicable as wilderness until such time as the land
is designated as wilderness pursuant to paragraph (2).
(2) <<NOTE: Effective date. Federal Register,
publication. Notice.>> Designation as wilderness.--The land
designated potential wilderness by paragraph (1) shall be
designated as wilderness and incorporated in, and be deemed to
be a part of, the Joshua Tree Wilderness designated by section
1(g) of Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note),
effective upon publication by the Secretary of the Interior in
the Federal Register of a notice that--
(A) all uses of the land within the potential
wilderness prohibited by the Wilderness Act (16 U.S.C.
1131 et seq.) have ceased; and
[[Page 123 STAT. 1065]]
(B) sufficient inholdings within the boundaries of
the potential wilderness have been acquired to establish
a manageable wilderness unit.
(3) Map and description.--
(A) In general.--As soon as practicable after the
date on which the notice required by paragraph (2) is
published in the Federal Register, the Secretary shall
file a map and legal description of the land designated
as wilderness and potential wilderness by this section
with the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(B) Force of law.--The map and legal description
filed under subparagraph (A) shall have the same force
and effect as if included in this section, except that
the Secretary may correct errors in the map and legal
description.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall be filed
and made available for public inspection in the
appropriate office of the Secretary.
(d) Administration of Wilderness.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness or as a wilderness addition by this
section shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in that Act to the effective date
of that Act shall be deemed to be a reference to--
(i) the date of the enactment of this Act; or
(ii) in the case of the wilderness addition
designated by subsection (c), the date on which
the notice required by such subsection is
published in the Federal Register; and
(B) any reference in that Act to the Secretary of
Agriculture shall be deemed to be a reference to the
Secretary that has jurisdiction over the land.
(2) Incorporation of acquired land and interests.--Any land
within the boundaries of a wilderness area or wilderness
addition designated by this section that is acquired by the
United States shall--
(A) become part of the wilderness area in which the
land is located; and
(B) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) Withdrawal.--Subject to valid rights in existence on the
date of enactment of this Act, the land designated as wilderness
by this section is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(4) Fire management and related activities.--
(A) In general.--The Secretary may take such
measures in a wilderness area or wilderness addition
designated
[[Page 123 STAT. 1066]]
by this section as are necessary for the control of
fire, insects, and diseases in accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
House Report 98-40 of the 98th Congress.
(B) Funding priorities.--Nothing in this section
limits funding for fire and fuels management in the
wilderness areas and wilderness additions designated by
this section.
(C) Revision and development of local fire
management plans.--As soon as practicable after the date
of enactment of this Act, the Secretary shall amend the
local fire management plans that apply to the land
designated as a wilderness area or wilderness addition
by this section.
(D) Administration.--Consistent with subparagraph
(A) and other applicable Federal law, to ensure a timely
and efficient response to fire emergencies in the
wilderness areas and wilderness additions designated by
this section, the Secretary shall--
(i) <<NOTE: Deadline. Procedures.>> not later
than 1 year after the date of enactment of this
Act, establish agency approval procedures
(including appropriate delegations of authority to
the Forest Supervisor, District Manager, or other
agency officials) for responding to fire
emergencies; and
(ii) <<NOTE: Contracts.>> enter into
agreements with appropriate State or local
firefighting agencies.
(5) Grazing.--Grazing of livestock in a wilderness area or
wilderness addition designated by this section shall be
administered in accordance with the provisions of section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
guidelines set forth in House Report 96-617 to accompany H.R.
5487 of the 96th Congress.
(6) Native american uses and interests.--
(A) Access and use.--To the extent practicable, the
Secretary shall ensure access to the Cahuilla Mountain
Wilderness by members of an Indian tribe for traditional
cultural purposes. In implementing this paragraph, the
Secretary, upon the request of an Indian tribe, may
temporarily close to the general public use of one or
more specific portions of the wilderness area in order
to protect the privacy of traditional cultural
activities in such areas by members of the Indian tribe.
Any such closure shall be made to affect the smallest
practicable area for the minimum period necessary for
such purposes. Such access shall be consistent with the
purpose and intent of Public Law 95-341 (42 U.S.C.
1996), commonly referred to as the American Indian
Religious Freedom Act, and the Wilderness Act (16 U.S.C.
1131 et seq.).
(B) Indian tribe defined.--In this paragraph, the
term ``Indian tribe'' means any Indian tribe, band,
nation, or other organized group or community of Indians
which is recognized as eligible by the Secretary of the
Interior for the special programs and services provided
by the United States to Indians because of their status
as Indians.
(7) Military activities.--Nothing in this section
precludes--
[[Page 123 STAT. 1067]]
(A) low-level overflights of military aircraft over
the wilderness areas or wilderness additions designated
by this section;
(B) the designation of new units of special airspace
over the wilderness areas or wilderness additions
designated by this section; or
(C) the use or establishment of military flight
training routes over wilderness areas or wilderness
additions designated by this section.
SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY,
CALIFORNIA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by section 1805) is amended by adding at the end the
following new paragraphs:
``(200) North Fork San Jacinto River, California.--The following
segments of the North Fork San Jacinto River in the State of California,
to be administered by the Secretary of Agriculture:
``(A) The 2.12-mile segment from the source of the North
Fork San Jacinto River at Deer Springs in Mt. San Jacinto State
Park to the State Park boundary, as a wild river.
``(B) The 1.66-mile segment from the Mt. San Jacinto State
Park boundary to the Lawler Park boundary in section 26,
township 4 south, range 2 east, San Bernardino meridian, as a
scenic river.
``(C) The 0.68-mile segment from the Lawler Park boundary to
its confluence with Fuller Mill Creek, as a recreational river.
``(D) The 2.15-mile segment from its confluence with Fuller
Mill Creek to .25 miles upstream of the 5S09 road crossing, as a
wild river.
``(E) The 0.6-mile segment from .25 miles upstream of the
5S09 road crossing to its confluence with Stone Creek, as a
scenic river.
``(F) The 2.91-mile segment from the Stone Creek confluence
to the northern boundary of section 17, township 5 south, range
2 east, San Bernardino meridian, as a wild river.
``(201) Fuller Mill Creek, California.--The following segments of
Fuller Mill Creek in the State of California, to be administered by the
Secretary of Agriculture:
``(A) The 1.2-mile segment from the source of Fuller Mill
Creek in the San Jacinto Wilderness to the Pinewood property
boundary in section 13, township 4 south, range 2 east, San
Bernardino meridian, as a scenic river.
``(B) The 0.9-mile segment in the Pine Wood property, as a
recreational river.
``(C) The 1.4-mile segment from the Pinewood property
boundary in section 23, township 4 south, range 2 east, San
Bernardino meridian, to its confluence with the North Fork San
Jacinto River, as a scenic river.
``(202) <<NOTE: Contracts.>> Palm Canyon Creek, California.--The
8.1-mile segment of Palm Canyon Creek in the State of California from
the southern boundary of section 6, township 7 south, range 5 east, San
Bernardino meridian, to the San Bernardino National Forest boundary in
section 1, township 6 south, range 4 east, San
[[Page 123 STAT. 1068]]
Bernardino meridian, to be administered by the Secretary of Agriculture
as a wild river, and the Secretary shall enter into a cooperative
management agreement with the Agua Caliente Band of Cahuilla Indians to
protect and enhance river values.
``(203) Bautista Creek, California.--The 9.8-mile segment of
Bautista Creek in the State of California from the San Bernardino
National Forest boundary in section 36, township 6 south, range 2 east,
San Bernardino meridian, to the San Bernardino National Forest boundary
in section 2, township 6 south, range 1 east, San Bernardino meridian,
to be administered by the Secretary of Agriculture as a recreational
river.''.
SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND
SAN JACINTO MOUNTAINS NATIONAL MONUMENT.
(a) Boundary Adjustment, Santa Rosa and San Jacinto Mountains
National Monument.--Section 2 of the Santa Rosa and San Jacinto
Mountains National Monument Act of 2000 (Public Law 106-351; 114 U.S.C.
1362; 16 U.S.C. 431 note) is amended by adding at the end the following
new subsection:
``(e) Expansion of Boundaries.--In addition to the land described in
subsection (c), the boundaries of the National Monument shall include
the following lands identified as additions to the National Monument on
the map titled `Santa Rosa-San Jacinto National Monument Expansion and
Santa Rosa Wilderness Addition', and dated March 12, 2008:
``(1) The `Santa Rosa Peak Area Monument Expansion'.
``(2) The `Snow Creek Area Monument Expansion'.
``(3) The `Tahquitz Peak Area Monument Expansion'.
``(4) The `Southeast Area Monument Expansion', which is
designated as wilderness in section 512(d), and is thus
incorporated into, and shall be deemed part of, the Santa Rosa
Wilderness.''.
(b) Technical Amendments to the Santa Rosa and San Jacinto Mountains
National Monument Act of 2000.--Section 7(d) of the Santa Rosa and San
Jacinto Mountains National Monument Act of 2000 (Public Law 106-351; 114
U.S.C. 1362; 16 U.S.C. 431 note) is amended by striking ``eight'' and
inserting ``a majority of the appointed''.
Subtitle M--Sequoia and Kings Canyon National Parks Wilderness,
California
SEC. 1901. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of
California.
SEC. 1902. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
following areas in the State are designated as wilderness areas and as
components of the National Wilderness Preservation System:
(1) <<NOTE: 16 USC 1132 note.>> John krebs wilderness.--
(A) Designation.--Certain land in Sequoia and Kings
Canyon National Parks, comprising approximately 39,740
[[Page 123 STAT. 1069]]
acres of land, and 130 acres of potential wilderness
additions as generally depicted on the map numbered 102/
60014b, titled ``John Krebs Wilderness'', and dated
September 16, 2008.
(B) Effect.--Nothing in this paragraph affects--
(i) the cabins in, and adjacent to, Mineral
King Valley; or
(ii) the private inholdings known as ``Silver
City'' and ``Kaweah Han''.
(C) Potential wilderness additions.--The designation
of the potential wilderness additions under subparagraph
(A) shall not prohibit the operation, maintenance, and
repair of the small check dams and water impoundments on
Lower Franklin Lake, Crystal Lake, Upper Monarch Lake,
and Eagle Lake. The Secretary is authorized to allow the
use of helicopters for the operation, maintenance, and
repair of the small check dams and water impoundments on
Lower Franklin Lake, Crystal Lake, Upper Monarch Lake,
and Eagle Lake. The potential wilderness additions shall
be designated as wilderness and incorporated into the
John Krebs Wilderness established by this section upon
termination of the non-conforming uses.
(2) <<NOTE: 16 USC 1132 note.>> Sequoia-kings canyon
wilderness addition.--Certain land in Sequoia and Kings Canyon
National Parks, California, comprising approximately 45,186
acres as generally depicted on the map titled ``Sequoia-Kings
Canyon Wilderness Addition'', numbered 102/60015a, and dated
March 10, 2008, is incorporated in, and shall be considered to
be a part of, the Sequoia-Kings Canyon Wilderness.
(3) Recommended wilderness.--Land in Sequoia and Kings
Canyon National Parks that was managed as of the date of
enactment of this Act as recommended or proposed wilderness but
not designated by this section as wilderness shall continue to
be managed as recommended or proposed wilderness, as
appropriate.
SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS.
(a) In General.--Subject to valid existing rights, each area
designated as wilderness by this subtitle shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in the Wilderness Act to the effective
date of the Wilderness Act shall be considered to be a reference to the
date of enactment of this Act.
(b) Map and Legal Description.--
(1) <<NOTE: Deadline.>> Submission of map and legal
description.--As soon as practicable, but not later than 3
years, after the date of enactment of this Act, the Secretary
shall file a map and legal description of each area designated
as wilderness by this subtitle with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force and effect.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
[[Page 123 STAT. 1070]]
correct any clerical or typographical error in the map or legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the Office of the Secretary.
(c) Hydrologic, Meteorologic, and Climatological Devices,
Facilities, and Associated Equipment.--The Secretary shall continue to
manage maintenance and access to hydrologic, meteorologic, and
climatological devices, facilities and associated equipment consistent
with House Report 98-40.
(d) Authorized Activities Outside Wilderness.--Nothing in this
subtitle precludes authorized activities conducted outside of an area
designated as wilderness by this subtitle by cabin owners (or designees)
in the Mineral King Valley area or property owners or lessees (or
designees) in the Silver City inholding, as identified on the map
described in section 1902(1)(A).
(e) Horseback Riding.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational or commercial saddle or pack
stock into, an area designated as wilderness by this subtitle--
(1) in accordance with section 4(d)(5) of the Wilderness Act
(16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 1904. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle N--Rocky Mountain National Park Wilderness, Colorado
SEC. 1951. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled ``Rocky
Mountain National Park Wilderness Act of 2007'' and dated
September 2006.
(2) Park.--The term ``Park'' means Rocky Mountain National
Park located in the State of Colorado.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trail.--The term ``Trail'' means the East Shore Trail
established under section 1954(a).
(5) Wilderness.--The term ``Wilderness'' means the
wilderness designated by section 1952(a).
SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO.
(a) <<NOTE: 16 USC 1132 note.>> Designation.--In furtherance of the
purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is
designated as wilderness and as a component of the National Wilderness
Preservation System approximately 249,339 acres of land in the Park, as
generally depicted on the map.
(b) Map and Boundary Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall--
[[Page 123 STAT. 1071]]
(A) prepare a map and boundary description of the
Wilderness; and
(B) submit the map and boundary description prepared
under subparagraph (A) to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives.
(2) Availability; force of law.--The map and boundary
description submitted under paragraph (1)(B) shall--
(A) be on file and available for public inspection
in appropriate offices of the National Park Service; and
(B) have the same force and effect as if included in
this subtitle.
(c) Inclusion of Potential Wilderness.--
(1) <<NOTE: Effective date. Federal Register,
publication. Notice. 16 USC 1132 note.>> In general.--On
publication in the Federal Register of a notice by the Secretary
that all uses inconsistent with the Wilderness Act (16 U.S.C.
1131 et seq.) have ceased on the land identified on the map as a
``Potential Wilderness Area'', the land shall be--
(A) included in the Wilderness; and
(B) administered in accordance with subsection (e).
(2) Boundary description.--On inclusion in the Wilderness of
the land referred to in paragraph (1), the Secretary shall
modify the map and boundary description submitted under
subsection (b) to reflect the inclusion of the land.
(d) Exclusion of Certain Land.--The following areas are specifically
excluded from the Wilderness:
(1) The Grand River Ditch (including the main canal of the
Grand River Ditch and a branch of the main canal known as the
Specimen Ditch), the right-of-way for the Grand River Ditch,
land 200 feet on each side of the center line of the Grand River
Ditch, and any associated appurtenances, structures, buildings,
camps, and work sites in existence as of June 1, 1998.
(2) Land owned by the St. Vrain & Left Hand Water
Conservancy District, including Copeland Reservoir and the Inlet
Ditch to the Reservoir from North St. Vrain Creek, comprising
approximately 35.38 acres.
(3) Land owned by the Wincenstsen-Harms Trust, comprising
approximately 2.75 acres.
(4) Land within the area depicted on the map as the ``East
Shore Trail Area''.
(e) Administration.--Subject to valid existing rights, any land
designated as wilderness under this section or added to the Wilderness
after the date of enactment of this Act under subsection (c) shall be
administered by the Secretary in accordance with this subtitle and the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered to
be a reference to the date of enactment of this Act, or the date
on which the additional land is added to the Wilderness,
respectively; and
(2) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the Secretary of Agriculture shall be considered to be
a reference to the Secretary.
(f) Water Rights.--
(1) Findings.--Congress finds that--
[[Page 123 STAT. 1072]]
(A) the United States has existing rights to water
within the Park;
(B) the existing water rights are sufficient for the
purposes of the Wilderness; and
(C) based on the findings described in subparagraphs
(A) and (B), there is no need for the United States to
reserve or appropriate any additional water rights to
fulfill the purposes of the Wilderness.
(2) Effect.--Nothing in this subtitle--
(A) constitutes an express or implied reservation by
the United States of water or water rights for any
purpose; or
(B) modifies or otherwise affects any existing water
rights held by the United States for the Park.
(g) Fire, Insect, and Disease Control.--The Secretary may take such
measures in the Wilderness as are necessary to control fire, insects,
and diseases, as are provided for in accordance with--
(1) the laws applicable to the Park; and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON PROJECTS.
(a) Conditional Waiver of Strict Liability.--During any period in
which the Water Supply and Storage Company (or any successor in interest
to the company with respect to the Grand River Ditch) operates and
maintains the portion of the Grand River Ditch in the Park in compliance
with an operations and maintenance agreement between the Water Supply
and Storage Company and the National Park Service, the provisions of
paragraph (6) of the stipulation approved June 28, 1907--
(1) shall be suspended; and
(2) shall not be enforceable against the Company (or any
successor in interest).
(b) Agreement.--The agreement referred to in subsection (a) shall--
(1) ensure that--
(A) Park resources are managed in accordance with
the laws generally applicable to the Park, including--
(i) the Act of January 26, 1915 (16 U.S.C. 191
et seq.); and
(ii) the National Park Service Organic Act (16
U.S.C. 1 et seq.);
(B) Park land outside the right-of-way corridor
remains unimpaired consistent with the National Park
Service management policies in effect as of the date of
enactment of this Act; and
(C) any use of Park land outside the right-of-way
corridor (as of the date of enactment of this Act) shall
be permitted only on a temporary basis, subject to such
terms and conditions as the Secretary determines to be
necessary; and
(2) include stipulations with respect to--
(A) flow monitoring and early warning measures;
(B) annual and periodic inspections;
(C) an annual maintenance plan;
(D) measures to identify on an annual basis capital
improvement needs; and
[[Page 123 STAT. 1073]]
(E) the development of plans to address the needs
identified under subparagraph (D).
(c) Limitation.--Nothing in this section limits or otherwise
affects--
(1) the liability of any individual or entity for damages
to, loss of, or injury to any resource within the Park resulting
from any cause or event that occurred before the date of
enactment of this Act; or
(2) Public Law 101-337 (16 U.S.C. 19jj et seq.), including
the defenses available under that Act for damage caused--
(A) solely by--
(i) an act of God;
(ii) an act of war; or
(iii) an act or omission of a third party
(other than an employee or agent); or
(B) by an activity authorized by Federal or State
law.
(d) Colorado-Big Thompson Project and Windy Gap Project.--
(1) In general.--Nothing in this subtitle, including the
designation of the Wilderness, prohibits or affects current and
future operation and maintenance activities in, under, or
affecting the Wilderness that were allowed as of the date of
enactment of this Act under the Act of January 26, 1915 (16
U.S.C. 191), relating to the Alva B. Adams Tunnel or other
Colorado-Big Thompson Project facilities located within the
Park.
(2) Alva b. adams tunnel.--Nothing in this subtitle,
including the designation of the Wilderness, prohibits or
restricts the conveyance of water through the Alva B. Adams
Tunnel for any purpose.
(e) <<NOTE: Determination.>> Right-of-Way.--Notwithstanding the Act
of March 3, 1891 (43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C.
951), the right of way for the Grand River Ditch shall not be
terminated, forfeited, or otherwise affected as a result of the water
transported by the Grand River Ditch being used primarily for domestic
purposes or any purpose of a public nature, unless the Secretary
determines that the change in the main purpose or use adversely affects
the Park.
(f) New Reclamation Projects.--Nothing in the first section of the
Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow
development in the Wilderness of any reclamation project not in
existence as of the date of enactment of this Act.
(g) Clarification of Management Authority.--Nothing in this section
reduces or limits the authority of the Secretary to manage land and
resources within the Park under applicable law.
SEC. 1954. EAST SHORE TRAIL AREA.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall establish within
the East Shore Trail Area in the Park an alignment line for a trail, to
be known as the ``East Shore Trail'', to maximize the opportunity for
sustained use of the Trail without causing--
(1) harm to affected resources; or
(2) conflicts among users.
(b) Boundaries.--
(1) In general.--After establishing the alignment line for
the Trail under subsection (a), the Secretary shall--
[[Page 123 STAT. 1074]]
(A) identify the boundaries of the Trail, which
shall not extend more than 25 feet east of the alignment
line or be located within the Wilderness; and
(B) modify the map of the Wilderness prepared under
section 1952(b)(1)(A) so that the western boundary of
the Wilderness is 50 feet east of the alignment line.
(2) Adjustments.--To the extent necessary to protect Park
resources, the Secretary may adjust the boundaries of the Trail,
if the adjustment does not place any portion of the Trail within
the boundary of the Wilderness.
(c) <<NOTE: 16 USC 1132 note.>> Inclusion in Wilderness.--On
completion of the construction of the Trail, as authorized by the
Secretary--
(1) any portion of the East Shore Trail Area that is not
traversed by the Trail, that is not west of the Trail, and that
is not within 50 feet of the centerline of the Trail shall be--
(A) included in the Wilderness; and
(B) managed as part of the Wilderness in accordance
with section 1952; and
(2) the Secretary shall modify the map and boundary
description of the Wilderness prepared under section
1952(b)(1)(A) to reflect the inclusion of the East Shore Trail
Area land in the Wilderness.
(d) Effect.--Nothing in this section--
(1) requires the construction of the Trail along the
alignment line established under subsection (a); or
(2) limits the extent to which any otherwise applicable law
or policy applies to any decision with respect to the
construction of the Trail.
(e) Relation to Land Outside Wilderness.--
(1) In general.--Except as provided in this subsection,
nothing in this subtitle affects the management or use of any
land not included within the boundaries of the Wilderness or the
potential wilderness land.
(2) Motorized vehicles and machinery.--No use of motorized
vehicles or other motorized machinery that was not permitted on
March 1, 2006, shall be allowed in the East Shore Trail Area
except as the Secretary determines to be necessary for use in--
(A) constructing the Trail, if the construction is
authorized by the Secretary; or
(B) maintaining the Trail.
(3) Management of land before inclusion.--Until the
Secretary authorizes the construction of the Trail and the use
of the Trail for non-motorized bicycles, the East Shore Trail
Area shall be managed--
(A) to protect any wilderness characteristics of the
East Shore Trail Area; and
(B) to maintain the suitability of the East Shore
Trail Area for inclusion in the Wilderness.
SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS.
(a) Indian Peaks Wilderness Boundary Adjustment.--Section 3(a) of
the Indian Peaks Wilderness Area, the Arapaho National Recreation Area
and the Oregon Islands Wilderness Area Act (16 U.S.C. 1132 note; Public
Law 95-450) is amended--
[[Page 123 STAT. 1075]]
(1) by striking ``seventy thousand acres'' and inserting
``74,195 acres''; and
(2) by striking ``, dated July 1978'' and inserting ``and
dated May 2007''.
(b) Arapaho National Recreation Area Boundary Adjustment.--Section
4(a) of the Indian Peaks Wilderness Area, the Arapaho National
Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C.
460jj(a)) is amended--
(1) by striking ``thirty-six thousand two hundred thirty-
five acres'' and inserting ``35,235 acres''; and
(2) by striking ``, dated July 1978'' and inserting ``and
dated May 2007''.
SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT.
(a) <<NOTE: Applicability.>> In General.--Section 3(k) of Public
Law 91-383 (16 U.S.C. 1a-2(k)) shall apply to the parcel of land
described in subsection (b).
(b) Description of the Land.--The parcel of land referred to in
subsection (a) is the parcel of land known as the ``Leiffer tract'' that
is--
(1) located near the eastern boundary of the Park in Larimer
County, Colorado; and
(2) administered by the National Park Service.
Subtitle O--Washington County, Utah
SEC. 1971. <<NOTE: 16 USC 460www note.>> DEFINITIONS.
In this subtitle:
(1) Beaver dam wash national conservation area map.--The
term ``Beaver Dam Wash National Conservation Area Map'' means
the map entitled ``Beaver Dam Wash National Conservation Area''
and dated December 18, 2008.
(2) Canaan mountain wilderness map.--The term ``Canaan
Mountain Wilderness Map'' means the map entitled ``Canaan
Mountain Wilderness'' and dated June 21, 2008.
(3) County.--The term ``County'' means Washington County,
Utah.
(4) Northeastern washington county wilderness map.--The term
``Northeastern Washington County Wilderness Map'' means the map
entitled ``Northeastern Washington County Wilderness'' and dated
November 12, 2008.
(5) Northwestern washington county wilderness map.--The term
``Northwestern Washington County Wilderness Map'' means the map
entitled ``Northwestern Washington County Wilderness'' and dated
June 21, 2008.
(6) Red cliffs national conservation area map.--The term
``Red Cliffs National Conservation Area Map'' means the map
entitled ``Red Cliffs National Conservation Area'' and dated
November 12, 2008.
(7) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(8) State.--The term ``State'' means the State of Utah.
[[Page 123 STAT. 1076]]
(9) Washington county growth and conservation act map.--The
term ``Washington County Growth and Conservation Act Map'' means
the map entitled ``Washington County Growth and Conservation Act
Map'' and dated November 13, 2008.
SEC. 1972. WILDERNESS AREAS.
(a) Additions to National Wilderness Preservation System.--
(1) <<NOTE: 16 USC 1132 note.>> Additions.--Subject to
valid existing rights, the following land in the State is
designated as wilderness and as components of the National
Wilderness Preservation System:
(A) Beartrap canyon.--Certain Federal land managed
by the Bureau of Land Management, comprising
approximately 40 acres, as generally depicted on the
Northeastern Washington County Wilderness Map, which
shall be known as the ``Beartrap Canyon Wilderness''.
(B) Blackridge.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately
13,015 acres, as generally depicted on the Northeastern
Washington County Wilderness Map, which shall be known
as the ``Blackridge Wilderness''.
(C) Canaan mountain.--Certain Federal land in the
County managed by the Bureau of Land Management,
comprising approximately 44,531 acres, as generally
depicted on the Canaan Mountain Wilderness Map, which
shall be known as the ``Canaan Mountain Wilderness''.
(D) Cottonwood canyon.--Certain Federal land managed
by the Bureau of Land Management, comprising
approximately 11,712 acres, as generally depicted on the
Red Cliffs National Conservation Area Map, which shall
be known as the ``Cottonwood Canyon Wilderness''.
(E) Cottonwood forest.--Certain Federal land managed
by the Forest Service, comprising approximately 2,643
acres, as generally depicted on the Red Cliffs National
Conservation Area Map, which shall be known as the
``Cottonwood Forest Wilderness''.
(F) Cougar canyon.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately
10,409 acres, as generally depicted on the Northwestern
Washington County Wilderness Map, which shall be known
as the ``Cougar Canyon Wilderness''.
(G) Deep creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately
3,284 acres, as generally depicted on the Northeastern
Washington County Wilderness Map, which shall be known
as the ``Deep Creek Wilderness''.
(H) Deep creek north.--Certain Federal land managed
by the Bureau of Land Management, comprising
approximately 4,262 acres, as generally depicted on the
Northeastern Washington County Wilderness Map, which
shall be known as the ``Deep Creek North Wilderness''.
(I) Doc's pass.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately
17,294 acres, as generally depicted on the Northwestern
Washington County Wilderness Map, which shall be known
as the ``Doc's Pass Wilderness''.
[[Page 123 STAT. 1077]]
(J) Goose creek.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately
98 acres, as generally depicted on the Northeastern
Washington County Wilderness Map, which shall be known
as the ``Goose Creek Wilderness''.
(K) Laverkin creek.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately
445 acres, as generally depicted on the Northeastern
Washington County Wilderness Map, which shall be known
as the ``LaVerkin Creek Wilderness''.
(L) Red butte.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately
1,537 acres, as generally depicted on the Northeastern
Washington County Wilderness Map, which shall be known
as the ``Red Butte Wilderness''.
(M) Red mountain.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately
18,729 acres, as generally depicted on the Red Cliffs
National Conservation Area Map, which shall be known as
the ``Red Mountain Wilderness''.
(N) Slaughter creek.--Certain Federal land managed
by the Bureau of Land Management, comprising
approximately 3,901 acres, as generally depicted on the
Northwestern Washington County Wilderness Map, which
shall be known as the ``Slaughter Creek Wilderness''.
(O) Taylor creek.--Certain Federal land managed by
the Bureau of Land Management, comprising approximately
32 acres, as generally depicted on the Northeastern
Washington County Wilderness Map, which shall be known
as the ``Taylor Creek Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of
the House of Representatives a map and legal description
of each wilderness area designated by paragraph (1).
(B) Force and effect.--Each map and legal
description submitted under subparagraph (A) shall have
the same force and effect as if included in this
subtitle, except that the Secretary may correct any
clerical or typographical errors in the map or legal
description.
(C) Availability.--Each map and legal description
submitted under subparagraph (A) shall be available in
the appropriate offices of--
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(b) Administration of Wilderness Areas.--
(1) Management.--Subject to valid existing rights, each area
designated as wilderness by subsection (a)(1) shall be
administered by the Secretary in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in the Wilderness Act to the
effective date of that Act shall be considered to be a
reference to the date of enactment of this Act; and
[[Page 123 STAT. 1078]]
(B) any reference in the Wilderness Act to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary that has jurisdiction over
the land.
(2) Livestock.--The grazing of livestock in each area
designated as wilderness by subsection (a)(1), where established
before the date of enactment of this Act, shall be permitted to
continue--
(A) subject to such reasonable regulations,
policies, and practices that the Secretary considers
necessary; and
(B) in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of
the report of the Committee on Interior and
Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress
(H.Rep. 101-405) and H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(3) Wildfire, insect, and disease management.--In accordance
with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take such measures in each area
designated as wilderness by subsection (a)(1) as the Secretary
determines to be necessary for the control of fire, insects, and
diseases (including, as the Secretary determines to be
appropriate, the coordination of those activities with a State
or local agency).
(4) Buffer zones.--
(A) In general.--Nothing in this section creates a
protective perimeter or buffer zone around any area
designated as wilderness by subsection (a)(1).
(B) Activities outside wilderness.--The fact that an
activity or use on land outside any area designated as
wilderness by subsection (a)(1) can be seen or heard
within the wilderness shall not preclude the activity or
use outside the boundary of the wilderness.
(5) Military overflights.--Nothing in this section restricts
or precludes--
(A) low-level overflights of military aircraft over
any area designated as wilderness by subsection (a)(1),
including military overflights that can be seen or heard
within any wilderness area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes over any wilderness area.
(6) Acquisition and incorporation of land and interests in
land.--
(A) Acquisition authority.--In accordance with
applicable laws (including regulations), the Secretary
may acquire any land or interest in land within the
boundaries of the wilderness areas designated by
subsection (a)(1) by purchase from willing sellers,
donation, or exchange.
(B) Incorporation.--Any land or interest in land
acquired by the Secretary under subparagraph (A) shall
be incorporated into, and administered as a part of, the
wilderness area in which the land or interest in land is
located.
[[Page 123 STAT. 1079]]
(7) Native american cultural and religious uses.--Nothing in
this section diminishes--
(A) the rights of any Indian tribe; or
(B) any tribal rights regarding access to Federal
land for tribal activities, including spiritual,
cultural, and traditional food-gathering activities.
(8) <<NOTE: Determination.>> Climatological data
collection.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and subject to such terms and conditions as the
Secretary may prescribe, the Secretary may authorize the
installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in the wilderness areas
designated by subsection (a)(1) if the Secretary determines that
the facilities and access to the facilities are essential to
flood warning, flood control, or water reservoir operation
activities.
(9) Water rights.--
(A) Statutory construction.--Nothing in this
section--
(i) shall constitute or be construed to
constitute either an express or implied
reservation by the United States of any water or
water rights with respect to the land designated
as wilderness by subsection (a)(1);
(ii) shall affect any water rights in the
State existing on the date of enactment of this
Act, including any water rights held by the United
States;
(iii) shall be construed as establishing a
precedent with regard to any future wilderness
designations;
(iv) shall affect the interpretation of, or
any designation made pursuant to, any other Act;
or
(v) shall be construed as limiting, altering,
modifying, or amending any of the interstate
compacts or equitable apportionment decrees that
apportion water among and between the State and
other States.
(B) State water law.--The Secretary shall follow the
procedural and substantive requirements of the law of
the State in order to obtain and hold any water rights
not in existence on the date of enactment of this Act
with respect to the wilderness areas designated by
subsection (a)(1).
(10) Fish and wildlife.--
(A) Jurisdiction of state.--Nothing in this section
affects the jurisdiction of the State with respect to
fish and wildlife on public land located in the State.
(B) Authority of secretary.--In furtherance of the
purposes and principles of the Wilderness Act (16 U.S.C.
1131 et seq.), the Secretary may carry out management
activities to maintain or restore fish and wildlife
populations (including activities to maintain and
restore fish and wildlife habitats to support the
populations) in any wilderness area designated by
subsection (a)(1) if the activities are--
(i) consistent with applicable wilderness
management plans; and
(ii) carried out in accordance with--
(I) the Wilderness Act (16 U.S.C.
1131 et seq.); and
[[Page 123 STAT. 1080]]
(II) applicable guidelines and
policies, including applicable policies
described in Appendix B of House Report
101-405.
(11) Wildlife water development projects.--Subject to
paragraph (12), the Secretary may authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects, including guzzlers, in the
wilderness areas designated by subsection (a)(1) if--
(A) <<NOTE: Determination.>> the structures and
facilities will, as determined by the Secretary, enhance
wilderness values by promoting healthy, viable, and more
naturally distributed wildlife populations; and
(B) the visual impacts of the structures and
facilities on the wilderness areas can reasonably be
minimized.
(12) <<NOTE: Deadline.>> Cooperative agreement.--Not later
than 1 year after the date of enactment of this Act, the
Secretary shall enter into a cooperative agreement with the
State that specifies the terms and conditions under which
wildlife management activities in the wilderness areas
designated by subsection (a)(1) may be carried out.
(c) Release of Wilderness Study Areas.--
(1) Finding.--Congress finds that, for the purposes of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), the public land in the County
administered by the Bureau of Land Management has been
adequately studied for wilderness designation.
(2) Release.--Any public land described in paragraph (1)
that is not designated as wilderness by subsection (a)(1)--
(A) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
(B) shall be managed in accordance with applicable
law and the land management plans adopted under section
202 of that Act (43 U.S.C. 1712).
(d) <<NOTE: 16 USC 346a-6.>> Transfer of Administrative
Jurisdiction to National Park Service.--Administrative jurisdiction over
the land identified as the Watchman Wilderness on the Northeastern
Washington County Wilderness Map is hereby transferred to the National
Park Service, to be included in, and administered as part of Zion
National Park.
SEC. 1973. <<NOTE: 16 USC 1132 note.>> ZION NATIONAL PARK
WILDERNESS.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means certain
Federal land--
(A) that is--
(i) located in the County and Iron County,
Utah; and
(ii) managed by the National Park Service;
(B) consisting of approximately 124,406 acres; and
(C) as generally depicted on the Zion National Park
Wilderness Map and the area added to the park under
section 1972(d).
(2) Wilderness area.--The term ``Wilderness Area'' means the
Zion Wilderness designated by subsection (b)(1).
[[Page 123 STAT. 1081]]
(3) Zion national park wilderness map.--The term ``Zion
National Park Wilderness Map'' means the map entitled ``Zion
National Park Wilderness'' and dated April 2008.
(b) Zion National Park Wilderness.--
(1) Designation.--Subject to valid existing rights, the
Federal land is designated as wilderness and as a component of
the National Wilderness Preservation System, to be known as the
``Zion Wilderness''.
(2) Incorporation of acquired land.--Any land located in the
Zion National Park that is acquired by the Secretary through a
voluntary sale, exchange, or donation may, on the recommendation
of the Secretary, become part of the Wilderness Area, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(3) Map and legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of
the House of Representatives a map and legal description
of the Wilderness Area.
(B) Force and effect.--The map and legal description
submitted under subparagraph (A) shall have the same
force and effect as if included in this Act, except that
the Secretary may correct any clerical or typographical
errors in the map or legal description.
(C) Availability.--The map and legal description
submitted under subparagraph (A) shall be available in
the appropriate offices of the National Park Service.
SEC. 1974. <<NOTE: 16 USC 460www.>> RED CLIFFS NATIONAL
CONSERVATION AREA.
(a) Purposes.--The purposes of this section are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical, natural,
educational, and scientific resources of the National
Conservation Area; and
(2) to protect each species that is--
(A) located in the National Conservation Area; and
(B) listed as a threatened or endangered species on
the list of threatened species or the list of endangered
species published under section 4(c)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)).
(b) Definitions.--In this section:
(1) Habitat conservation plan.--The term ``habitat
conservation plan'' means the conservation plan entitled
``Washington County Habitat Conservation Plan'' and dated
February 23, 1996.
(2) Management plan.--The term ``management plan'' means the
management plan for the National Conservation Area developed by
the Secretary under subsection (d)(1).
(3) National conservation area.--The term ``National
Conservation Area'' means the Red Cliffs National Conservation
Area that--
(A) consists of approximately 44,725 acres of public
land in the County, as generally depicted on the Red
Cliffs National Conservation Area Map; and
[[Page 123 STAT. 1082]]
(B) is established by subsection (c).
(4) Public use plan.--The term ``public use plan'' means the
use plan entitled ``Red Cliffs Desert Reserve Public Use Plan''
and dated June 12, 2000, as amended.
(5) Resource management plan.--The term ``resource
management plan'' means the management plan entitled ``St.
George Field Office Resource Management Plan'' and dated March
15, 1999, as amended.
(c) Establishment.--Subject to valid existing rights, there is
established in the State the Red Cliffs National Conservation Area.
(d) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date of enactment of this Act and in accordance with
paragraph (2), the Secretary shall develop a comprehensive plan
for the long-term management of the National Conservation Area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult with--
(A) appropriate State, tribal, and local
governmental entities; and
(B) members of the public.
(3) Incorporation of plans.--In developing the management
plan required under paragraph (1), to the extent consistent with
this section, the Secretary may incorporate any provision of--
(A) the habitat conservation plan;
(B) the resource management plan; and
(C) the public use plan.
(e) Management.--
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the resources of the National Conservation
Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including
regulations).
(2) Uses.--The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines would
further a purpose described in subsection (a).
(3) Motorized vehicles.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to respond
to an emergency, the use of motorized vehicles in the National
Conservation Area shall be permitted only on roads designated by
the management plan for the use of motorized vehicles.
(4) Grazing.--The grazing of livestock in the National
Conservation Area, where established before the date of
enactment of this Act, shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies, and
practices as the Secretary considers necessary;
and
(ii) applicable law; and
(B) in a manner consistent with the purposes
described in subsection (a).
[[Page 123 STAT. 1083]]
(5) Wildland fire operations.--Nothing in this section
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this section.
(f) Incorporation of Acquired Land and Interests.--Any land or
interest in land that is located in the National Conservation Area that
is acquired by the United States shall--
(1) become part of the National Conservation Area; and
(2) be managed in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including
regulations).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
Federal land located in the National Conservation Area are
withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patenting under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Additional land.--If the Secretary acquires additional
land that is located in the National Conservation Area after the
date of enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the date
of acquisition of the land.
(h) Effect.--Nothing in this section prohibits the authorization of
the development of utilities within the National Conservation Area if
the development is carried out in accordance with--
(1) each utility development protocol described in the
habitat conservation plan; and
(2) any other applicable law (including regulations).
SEC. 1975. <<NOTE: 16 USC 460xxx.>> BEAVER DAM WASH NATIONAL
CONSERVATION AREA.
(a) Purpose.--The purpose of this section is to conserve, protect,
and enhance for the benefit and enjoyment of present and future
generations the ecological, scenic, wildlife, recreational, cultural,
historical, natural, educational, and scientific resources of the Beaver
Dam Wash National Conservation Area.
(b) Definitions.--In this section:
(1) Management plan.--The term ``management plan'' means the
management plan for the National Conservation Area developed by
the Secretary under subsection (d)(1).
(2) National conservation area.--The term ``National
Conservation Area'' means the Beaver Dam Wash National
Conservation Area that--
(A) consists of approximately 68,083 acres of public
land in the County, as generally depicted on the Beaver
Dam Wash National Conservation Area Map; and
(B) is established by subsection (c).
(c) Establishment.--Subject to valid existing rights, there is
established in the State the Beaver Dam Wash National Conservation Area.
(d) Management Plan.--
[[Page 123 STAT. 1084]]
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date of enactment of this Act and in accordance with
paragraph (2), the Secretary shall develop a comprehensive plan
for the long-term management of the National Conservation Area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult with--
(A) appropriate State, tribal, and local
governmental entities; and
(B) members of the public.
(3) Motorized vehicles.--In developing the management plan
required under paragraph (1), the Secretary shall incorporate
the restrictions on motorized vehicles described in subsection
(e)(3).
(e) Management.--
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the resources of the National Conservation
Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including
regulations).
(2) Uses.--The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines would
further the purpose described in subsection (a).
(3) Motorized vehicles.--
(A) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles
in the National Conservation Area shall be permitted
only on roads designated by the management plan for the
use of motorized vehicles.
(B) Additional requirement relating to certain areas
located in the national conservation area.--In addition
to the requirement described in subparagraph (A), with
respect to the areas designated on the Beaver Dam Wash
National Conservation Area Map as ``Designated Road
Areas'', motorized vehicles shall be permitted only on
the roads identified on such map.
(4) Grazing.--The grazing of livestock in the National
Conservation Area, where established before the date of
enactment of this Act, shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies, and
practices as the Secretary considers necessary;
and
(ii) applicable law (including regulations);
and
(B) in a manner consistent with the purpose
described in subsection (a).
(5) Wildland fire operations.--Nothing in this section
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this section.
[[Page 123 STAT. 1085]]
(f) Incorporation of Acquired Land and Interests.--Any land or
interest in land that is located in the National Conservation Area that
is acquired by the United States shall--
(1) become part of the National Conservation Area; and
(2) be managed in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including
regulations).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
Federal land located in the National Conservation Area is
withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patenting under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Additional land.--If the Secretary acquires additional
land that is located in the National Conservation Area after the
date of enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the date
of acquisition of the land.
SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER DESIGNATION.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as amended by section 1852) is amended by adding at the
end the following:
``(204) Zion national park, utah.--The approximately 165.5
miles of segments of the Virgin River and tributaries of the
Virgin River across Federal land within and adjacent to Zion
National Park, as generally depicted on the map entitled `Wild
and Scenic River Segments Zion National Park and Bureau of Land
Management' and dated April 2008, to be administered by the
Secretary of the Interior in the following classifications:
``(A) Taylor creek.--The 4.5-mile segment from the
junction of the north, middle, and south forks of Taylor
Creek, west to the park boundary and adjacent land rim-
to-rim, as a scenic river.
``(B) North fork of taylor creek.--The segment from
the head of North Fork to the junction with Taylor Creek
and adjacent land rim-to-rim, as a wild river.
``(C) Middle fork of taylor creek.--The segment from
the head of Middle Fork on Bureau of Land Management
land to the junction with Taylor Creek and adjacent land
rim-to-rim, as a wild river.
``(D) South fork of taylor creek.--The segment from
the head of South Fork to the junction with Taylor Creek
and adjacent land rim-to-rim, as a wild river.
``(E) Timber creek and tributaries.--The 3.1-mile
segment from the head of Timber Creek and tributaries of
Timber Creek to the junction with LaVerkin Creek and
adjacent land rim-to-rim, as a wild river.
[[Page 123 STAT. 1086]]
``(F) Laverkin creek.--The 16.1-mile segment
beginning in T. 38 S., R. 11 W., sec. 21, on Bureau of
Land Management land, southwest through Zion National
Park, and ending at the south end of T. 40 S., R. 12 W.,
sec. 7, and adjacent land \1/2\-mile wide, as a wild
river.
``(G) Willis creek.--The 1.9-mile segment beginning
on Bureau of Land Management land in the SWSW sec. 27,
T. 38 S., R. 11 W., to the junction with LaVerkin Creek
in Zion National Park and adjacent land rim-to-rim, as a
wild river.
``(H) Beartrap canyon.--The 2.3-mile segment
beginning on Bureau of Management land in the SWNW sec.
3, T. 39 S., R. 11 W., to the junction with LaVerkin
Creek and the segment from the headwaters north of Long
Point to the junction with LaVerkin Creek and adjacent
land rim-to-rim, as a wild river.
``(I) Hop valley creek.--The 3.3-mile segment
beginning at the southern boundary of T. 39 S., R. 11
W., sec. 20, to the junction with LaVerkin Creek and
adjacent land \1/2\-mile wide, as a wild river.
``(J) Current creek.--The 1.4-mile segment from the
head of Current Creek to the junction with LaVerkin
Creek and adjacent land rim-to-rim, as a wild river.
``(K) Cane creek.--The 0.6-mile segment from the
head of Smith Creek to the junction with LaVerkin Creek
and adjacent land \1/2\-mile wide, as a wild river.
``(L) Smith creek.--The 1.3-mile segment from the
head of Smith Creek to the junction with LaVerkin Creek
and adjacent land \1/2\-mile wide, as a wild river.
``(M) North creek left and right forks.--The segment
of the Left Fork from the junction with Wildcat Canyon
to the junction with Right Fork, from the head of Right
Fork to the junction with Left Fork, and from the
junction of the Left and Right Forks southwest to Zion
National Park boundary and adjacent land rim-to-rim, as
a wild river.
``(N) Wildcat canyon (blue creek).--The segment of
Blue Creek from the Zion National Park boundary to the
junction with the Right Fork of North Creek and adjacent
land rim-to-rim, as a wild river.
``(O) Little creek.--The segment beginning at the
head of Little Creek to the junction with the Left Fork
of North Creek and adjacent land \1/2\-mile wide, as a
wild river.
``(P) Russell gulch.--The segment from the head of
Russell Gulch to the junction with the Left Fork of
North Creek and adjacent land rim-to-rim, as a wild
river.
``(Q) Grapevine wash.--The 2.6-mile segment from the
Lower Kolob Plateau to the junction with the Left Fork
of North Creek and adjacent land rim-to-rim, as a scenic
river.
``(R) Pine spring wash.--The 4.6-mile segment to the
junction with the left fork of North Creek and adjacent
land \1/2\-mile, as a scenic river.
``(S) Wolf springs wash.--The 1.4-mile segment from
the head of Wolf Springs Wash to the junction with Pine
[[Page 123 STAT. 1087]]
Spring Wash and adjacent land \1/2\-mile wide, as a
scenic river.
``(T) Kolob creek.--The 5.9-mile segment of Kolob
Creek beginning in T. 39 S., R. 10 W., sec. 30, through
Bureau of Land Management land and Zion National Park
land to the junction with the North Fork of the Virgin
River and adjacent land rim-to-rim, as a wild river.
``(U) Oak creek.--The 1-mile stretch of Oak Creek
beginning in T. 39 S., R. 10 W., sec. 19, to the
junction with Kolob Creek and adjacent land rim-to-rim,
as a wild river.
``(V) Goose creek.--The 4.6-mile segment of Goose
Creek from the head of Goose Creek to the junction with
the North Fork of the Virgin River and adjacent land
rim-to-rim, as a wild river.
``(W) Deep creek.--The 5.3-mile segment of Deep
Creek beginning on Bureau of Land Management land at the
northern boundary of T. 39 S., R. 10 W., sec. 23, south
to the junction of the North Fork of the Virgin River
and adjacent land rim-to-rim, as a wild river.
``(X) North fork of the virgin river.--The 10.8-mile
segment of the North Fork of the Virgin River beginning
on Bureau of Land Management land at the eastern border
of T. 39 S., R. 10 W., sec. 35, to Temple of Sinawava
and adjacent land rim-to-rim, as a wild river.
``(Y) North fork of the virgin river.--The 8-mile
segment of the North Fork of the Virgin River from
Temple of Sinawava south to the Zion National Park
boundary and adjacent land \1/2\-mile wide, as a
recreational river.
``(Z) Imlay canyon.--The segment from the head of
Imlay Creek to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild
river.
``(AA) Orderville canyon.--The segment from the
eastern boundary of Zion National Park to the junction
with the North Fork of the Virgin River and adjacent
land rim-to-rim, as a wild river.
``(BB) Mystery canyon.--The segment from the head of
Mystery Canyon to the junction with the North Fork of
the Virgin River and adjacent land rim-to-rim, as a wild
river.
``(CC) Echo canyon.--The segment from the eastern
boundary of Zion National Park to the junction with the
North Fork of the Virgin River and adjacent land rim-to-
rim, as a wild river.
``(DD) Behunin canyon.--The segment from the head of
Behunin Canyon to the junction with the North Fork of
the Virgin River and adjacent land rim-to-rim, as a wild
river.
``(EE) Heaps canyon.--The segment from the head of
Heaps Canyon to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild
river.
``(FF) Birch creek.--The segment from the head of
Birch Creek to the junction with the North Fork of the
Virgin River and adjacent land \1/2\-mile wide, as a
wild river.
[[Page 123 STAT. 1088]]
``(GG) Oak creek.--The segment of Oak Creek from the
head of Oak Creek to where the forks join and adjacent
land \1/2\-mile wide, as a wild river.
``(HH) Oak creek.--The 1-mile segment of Oak Creek
from the point at which the 2 forks of Oak Creek join to
the junction with the North Fork of the Virgin River and
adjacent land \1/2\-mile wide, as a recreational river.
``(II) Clear creek.--The 6.4-mile segment of Clear
Creek from the eastern boundary of Zion National Park to
the junction with Pine Creek and adjacent land rim-to-
rim, as a recreational river.
``(JJ) Pine creek .--The 2-mile segment of Pine
Creek from the head of Pine Creek to the junction with
Clear Creek and adjacent land rim-to-rim, as a wild
river.
``(KK) Pine creek.--The 3-mile segment of Pine Creek
from the junction with Clear Creek to the junction with
the North Fork of the Virgin River and adjacent land
rim-to-rim, as a recreational river.
``(LL) East fork of the virgin river.--The 8-mile
segment of the East Fork of the Virgin River from the
eastern boundary of Zion National Park through
Parunuweap Canyon to the western boundary of Zion
National Park and adjacent land \1/2\-mile wide, as a
wild river.
``(MM) Shunes creek.--The 3-mile segment of Shunes
Creek from the dry waterfall on land administered by the
Bureau of Land Management through Zion National Park to
the western boundary of Zion National Park and adjacent
land \1/2\-mile wide as a wild river.''.
(b) <<NOTE: 16 USC 1274 note.>> Incorporation of Acquired Non-
Federal Land.--If the United States acquires any non-Federal land within
or adjacent to Zion National Park that includes a river segment that is
contiguous to a river segment of the Virgin River designated as a wild,
scenic, or recreational river by paragraph (204) of section 3(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(a)), the acquired river segment shall be incorporated in, and be
administered as part of, the applicable wild, scenic, or recreational
river.
(c) <<NOTE: 16 USC 1274 note.>> Savings Clause.--The amendment made
by subsection (a) does not affect the agreement among the United States,
the State, the Washington County Water Conservancy District, and the
Kane County Water Conservancy District entitled ``Zion National Park
Water Rights Settlement Agreement'' and dated December 4, 1996.
SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND
TRANSPORTATION MANAGEMENT PLAN.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land managed by the Bureau of
Land Management, the Secretary; and
(B) with respect to land managed by the Forest
Service, the Secretary of Agriculture.
(3) Trail.--The term ``trail'' means the High Desert Off-
Highway Vehicle Trail designated under subsection (c)(1)(A).
[[Page 123 STAT. 1089]]
(4) Travel management plan.--The term ``travel management
plan'' means the comprehensive travel and transportation
management plan developed under subsection (b)(1).
(b) Comprehensive Travel and Transportation Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date of enactment of this Act, in accordance with the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.) and other applicable laws (including regulations), the
Secretary, in consultation with appropriate Federal agencies and
State, tribal, and local governmental entities, and after an
opportunity for public comment, shall develop a comprehensive
travel management plan for the land managed by the Bureau of
Land Management in the County--
(A) to provide to the public a clearly marked
network of roads and trails with signs and maps to
promote--
(i) public safety and awareness; and
(ii) enhanced recreation and general access
opportunities;
(B) to help reduce in the County growing conflicts
arising from interactions between--
(i) motorized recreation; and
(ii) the important resource values of public
land;
(C) to promote citizen-based opportunities for--
(i) the monitoring and stewardship of the
trail; and
(ii) trail system management; and
(D) to support law enforcement officials in
promoting--
(i) compliance with off-highway vehicle laws
(including regulations); and
(ii) effective deterrents of abuses of public
land.
(2) Scope; contents.--In developing the travel management
plan, the Secretary shall--
(A) in consultation with appropriate Federal
agencies, State, tribal, and local governmental entities
(including the County and St. George City, Utah), and
the public, identify 1 or more alternatives for a
northern transportation route in the County;
(B) ensure that the travel management plan contains
a map that depicts the trail; and
(C) designate a system of areas, roads, and trails
for mechanical and motorized use.
(c) Designation of Trail.--
(1) Designation.--
(A) In general.--As a component of the travel
management plan, and in accordance with subparagraph
(B), the Secretary, in coordination with the Secretary
of Agriculture, and after an opportunity for public
comment, shall designate a trail (which may include a
system of trails)--
(i) for use by off-highway vehicles; and
(ii) to be known as the ``High Desert Off-
Highway Vehicle Trail''.
(B) Requirements.--In designating the trail, the
Secretary shall only include trails that are--
(i) as of the date of enactment of this Act,
authorized for use by off-highway vehicles; and
[[Page 123 STAT. 1090]]
(ii) located on land that is managed by the
Bureau of Land Management in the County.
(C) National forest land.--The Secretary of
Agriculture, in coordination with the Secretary and in
accordance with applicable law, may designate a portion
of the trail on National Forest System land within the
County.
(D) Map.--A map that depicts the trail shall be on
file and available for public inspection in the
appropriate offices of--
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(2) Management.--
(A) In general.--The Secretary concerned shall
manage the trail--
(i) in accordance with applicable laws
(including regulations);
(ii) to ensure the safety of citizens who use
the trail; and
(iii) in a manner by which to minimize any
damage to sensitive habitat or cultural resources.
(B) <<NOTE: Deadlines. Assessments.>> Monitoring;
evaluation.--To minimize the impacts of the use of the
trail on environmental and cultural resources, the
Secretary concerned shall--
(i) annually assess the effects of the use of
off-highway vehicles on--
(I) the trail; and
(II) land located in proximity to
the trail; and
(ii) in consultation with the Utah Department
of Natural Resources, annually assess the effects
of the use of the trail on wildlife and wildlife
habitat.
(C) Closure.--The Secretary concerned, in
consultation with the State and the County, and subject
to subparagraph (D), may temporarily close or
permanently reroute a portion of the trail if the
Secretary concerned determines that--
(i) the trail is having an adverse impact on--
(I) wildlife habitats;
(II) natural resources;
(III) cultural resources; or
(IV) traditional uses;
(ii) the trail threatens public safety; or
(iii) closure of the trail is necessary--
(I) to repair damage to the trail;
or
(II) to repair resource damage.
(D) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary concerned under
subparagraph (C) may be permanently rerouted along any
road or trail--
(i) that is--
(I) in existence as of the date of
the closure of the portion of the trail;
(II) located on public land; and
(III) open to motorized use; and
(ii) if the Secretary concerned determines
that rerouting the portion of the trail would not
significantly increase or decrease the length of
the trail.
[[Page 123 STAT. 1091]]
(E) Notice of available routes.--The Secretary, in
coordination with the Secretary of Agriculture, shall
ensure that visitors to the trail have access to
adequate notice relating to the availability of trail
routes through--
(i) the placement of appropriate signage along
the trail; and
(ii) the distribution of maps, safety
education materials, and other information that
the Secretary concerned determines to be
appropriate.
(3) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 1978. LAND DISPOSAL AND ACQUISITION.
(a) In General.--Consistent with applicable law, the Secretary of
the Interior may sell public land located within Washington County,
Utah, that, as of July 25, 2000, has been identified for disposal in
appropriate resource management plans.
(b) Use of Proceeds.--
(1) In general.--Notwithstanding any other provision of law
(other than a law that specifically provides for a portion of
the proceeds of a land sale to be distributed to any trust fund
of the State), proceeds from the sale of public land under
subsection (a) shall be deposited in a separate account in the
Treasury to be known as the ``Washington County, Utah Land
Acquisition Account''.
(2) Availability.--
(A) In general.--Amounts in the account shall be
available to the Secretary, without further
appropriation, to purchase from willing sellers lands or
interests in land within the wilderness areas and
National Conservation Areas established by this
subtitle.
(B) Applicability.--Any purchase of land or interest
in land under subparagraph (A) shall be in accordance
with applicable law.
SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS.
(a) In General.--In accordance with applicable Federal laws
(including regulations), the Secretary of the Interior shall--
(1) identify areas located in the County where biological
conservation is a priority; and
(2) undertake activities to conserve and restore plant and
animal species and natural communities within such areas.
(b) Grants; Cooperative Agreements.--In carrying out subsection (a),
the Secretary of the Interior may make grants to, or enter into
cooperative agreements with, State, tribal, and local governmental
entities and private entities to conduct research, develop scientific
analyses, and carry out any other initiative relating to the restoration
or conservation of the areas.
SEC. 1980. PUBLIC PURPOSE CONVEYANCES.
(a) In General.--Notwithstanding the land use planning requirements
of sections 202 and 203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712, 1713), upon the request of the appropriate local
governmental entity, as described below, the Secretary shall convey the
following parcels of public land without consideration, subject to the
provisions of this section:
[[Page 123 STAT. 1092]]
(1) Temple quarry.--The approximately 122-acre parcel known
as ``Temple Quarry'' as generally depicted on the Washington
County Growth and Conservation Act Map as ``Parcel B'', to the
City of St. George, Utah, for open space and public recreation
purposes.
(2) Hurricane city sports park.--The approximately 41-acre
parcel as generally depicted on the Washington County Growth and
Conservation Act Map as ``Parcel C'', to the City of Hurricane,
Utah, for public recreation purposes and public administrative
offices.
(3) Washington county school district.--The approximately
70-acre parcel as generally depicted on the Washington County
Growth and Conservation Act Map as ``Parcel D'', to the
Washington County Public School District for use for public
school and related educational and administrative purposes.
(4) Washington county jail.--The approximately 80-acre
parcel as generally depicted on the Washington County Growth and
Conservation Act Map as ``Parcel E'', to Washington County,
Utah, for expansion of the Purgatory Correctional Facility.
(5) Hurricane equestrian park.--The approximately 40-acre
parcel as generally depicted on the Washington County Growth and
Conservation Act Map as ``Parcel F'', to the City of Hurricane,
Utah, for use as a public equestrian park.
(b) Map and Legal Descriptions.--As soon as practicable after the
date of enactment of this Act, the Secretary shall finalize legal
descriptions of the parcels to be conveyed under this section. The
Secretary may correct any minor errors in the map referenced in
subsection (a) or in the applicable legal descriptions. The map and
legal descriptions shall be on file and available for public inspection
in the appropriate offices of the Bureau of Land Management.
(c) Reversion.--
(1) In general.--If any parcel conveyed under this section
ceases to be used for the public purpose for which the parcel
was conveyed, as described in subsection (a), the land shall, at
the discretion of the Secretary based on his determination of
the best interests of the United States, revert to the United
States.
(2) Responsibility of local governmental entity.--If the
Secretary determines pursuant to paragraph (1) that the land
should revert to the United States, and if the Secretary
determines that the land is contaminated with hazardous waste,
the local governmental entity to which the land was conveyed
shall be responsible for remediation of the contamination.
SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST LAND.
(a) Definitions.--In this section:
(1) Covered federal land.--The term ``covered Federal land''
means the approximately 66.07 acres of land in the Dixie
National Forest in the State, as depicted on the map.
(2) Landowner.--The term ``landowner'' means Kirk R.
Harrison, who owns land in Pinto Valley, Utah.
(3) Map.--The term ``map'' means the map entitled
``Conveyance of Dixie National Forest Land'' and dated December
18, 2008.
[[Page 123 STAT. 1093]]
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Conveyance.--
(1) In general.--The Secretary may convey to the landowner
all right, title, and interest of the United States in and to
any of the covered Federal land (including any improvements or
appurtenances to the covered Federal land) by sale or exchange.
(2) Legal description.--The exact acreage and legal
description of the covered Federal land to be conveyed under
paragraph (1) shall be determined by surveys satisfactory to the
Secretary.
(3) Consideration.--
(A) In general.--As consideration for any conveyance
by sale under paragraph (1), the landowner shall pay to
the Secretary an amount equal to the fair market value
of any Federal land conveyed, as determined under
subparagraph (B).
(B) Appraisal.--The fair market value of any Federal
land that is conveyed under paragraph (1) shall be
determined by an appraisal acceptable to the Secretary
that is performed in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions;
(ii) the Uniform Standards of Professional
Appraisal Practice; and
(iii) any other applicable law (including
regulations).
(4) Disposition and use of proceeds.--
(A) Disposition of proceeds.--The Secretary shall
deposit the proceeds of any sale of land under paragraph
(1) in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(B) Use of proceeds.--Amounts deposited under
subparagraph (A) shall be available to the Secretary,
without further appropriation and until expended, for
the acquisition of real property or interests in real
property for inclusion in the Dixie National Forest in
the State.
(5) Additional terms and conditions.--The Secretary may
require any additional terms and conditions for any conveyance
under paragraph (1) that the Secretary determines to be
appropriate to protect the interests of the United States.
SEC. 1982. <<NOTE: 25 USC 766 note.>> TRANSFER OF LAND INTO TRUST
FOR SHIVWITS BAND OF PAIUTE INDIANS.
(a) Definitions.--In this section:
(1) Parcel a.--The term ``Parcel A'' means the parcel that
consists of approximately 640 acres of land that is--
(A) managed by the Bureau of Land Management;
(B) located in Washington County, Utah; and
(C) depicted on the map entitled ``Washington County
Growth and Conservation Act Map''.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Shivwits Band of
Paiute Indians of the State of Utah.
(b) Parcel To Be Held in Trust.--
[[Page 123 STAT. 1094]]
(1) In general.--At the request of the Tribe, the Secretary
shall take into trust for the benefit of the Tribe all right,
title, and interest of the United States in and to Parcel A.
(2) Survey; legal description.--
(A) <<NOTE: Deadline.>> Survey.--Not later than 180
days after the date of enactment of this Act, the
Secretary, acting through the Director of the Bureau of
Land Management, shall complete a survey of Parcel A to
establish the boundary of Parcel A.
(B) Legal description of parcel a.--
(i) <<NOTE: Federal Register, publication.>>
In general.--Upon the completion of the survey
under subparagraph (A), the Secretary shall
publish in the Federal Register a legal
description of--
(I) the boundary line of Parcel A;
and
(II) Parcel A.
(ii) Technical corrections.--Before the date
of publication of the legal descriptions under
clause (i), the Secretary may make minor
corrections to correct technical and clerical
errors in the legal descriptions.
(iii) <<NOTE: Effective date.>> Effect.--
Effective beginning on the date of publication of
the legal descriptions under clause (i), the legal
descriptions shall be considered to be the
official legal descriptions of Parcel A.
(3) Effect.--Nothing in this section--
(A) affects any valid right in existence on the date
of enactment of this Act;
(B) enlarges, impairs, or otherwise affects any
right or claim of the Tribe to any land or interest in
land other than to Parcel A that is--
(i) based on an aboriginal or Indian title;
and
(ii) in existence as of the date of enactment
of this Act; or
(C) constitutes an express or implied reservation of
water or a water right with respect to Parcel A.
(4) Land to be made a part of the reservation.--Land taken
into trust pursuant to this section shall be considered to be
part of the reservation of the Tribe.
SEC. 1983. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
SEC. 2001. <<NOTE: 16 USC 7201.>> DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) System.--The term ``system'' means the National
Landscape Conservation System established by section 2002(a).
[[Page 123 STAT. 1095]]
SEC. 2002. <<NOTE: 16 USC 7202.>> ESTABLISHMENT OF THE NATIONAL
LANDSCAPE CONSERVATION SYSTEM.
(a) Establishment.--In order to conserve, protect, and restore
nationally significant landscapes that have outstanding cultural,
ecological, and scientific values for the benefit of current and future
generations, there is established in the Bureau of Land Management the
National Landscape Conservation System.
(b) Components.--The system shall include each of the following
areas administered by the Bureau of Land Management:
(1) Each area that is designated as--
(A) a national monument;
(B) a national conservation area;
(C) a wilderness study area;
(D) a national scenic trail or national historic
trail designated as a component of the National Trails
System;
(E) a component of the National Wild and Scenic
Rivers System; or
(F) a component of the National Wilderness
Preservation System.
(2) Any area designated by Congress to be administered for
conservation purposes, including--
(A) the Steens Mountain Cooperative Management and
Protection Area;
(B) the Headwaters Forest Reserve;
(C) the Yaquina Head Outstanding Natural Area;
(D) public land within the California Desert
Conservation Area administered by the Bureau of Land
Management for conservation purposes; and
(E) any additional area designated by Congress for
inclusion in the system.
(c) Management.--The Secretary shall manage the system--
(1) in accordance with any applicable law (including
regulations) relating to any component of the system included
under subsection (b); and
(2) in a manner that protects the values for which the
components of the system were designated.
(d) Effect.--
(1) In general.--Nothing in this subtitle enhances,
diminishes, or modifies any law or proclamation (including
regulations relating to the law or proclamation) under which the
components of the system described in subsection (b) were
established or are managed, including--
(A) the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3101 et seq.);
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
(C) the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.);
(D) the National Trails System Act (16 U.S.C. 1241
et seq.); and
(E) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(2) Fish and wildlife.--Nothing in this subtitle shall be
construed as affecting the authority, jurisdiction, or
responsibility of the several States to manage, control, or
regulate fish and resident wildlife under State law or
regulations, including the regulation of hunting, fishing,
trapping and recreational shooting on public land managed by the
Bureau of
[[Page 123 STAT. 1096]]
Land Management. Nothing in this subtitle shall be construed as
limiting access for hunting, fishing, trapping, or recreational
shooting.
SEC. 2003. <<NOTE: 16 USC 7203.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle B--Prehistoric <<NOTE: New Mexico. 16 USC 431 note.>>
Trackways National Monument
SEC. 2101. FINDINGS.
Congress finds that--
(1) in 1987, a major deposit of Paleozoic Era fossilized
footprint megatrackways was discovered in the Robledo Mountains
in southern New Mexico;
(2) the trackways contain footprints of numerous amphibians,
reptiles, and insects (including previously unknown species),
plants, and petrified wood dating back approximately 280,000,000
years, which collectively provide new opportunities to
understand animal behaviors and environments from a time
predating the dinosaurs;
(3) title III of Public Law 101-578 (104 Stat. 2860)--
(A) provided interim protection for the site at
which the trackways were discovered; and
(B) directed the Secretary of the Interior to--
(i) prepare a study assessing the significance
of the site; and
(ii) based on the study, provide
recommendations for protection of the
paleontological resources at the site;
(4) the Bureau of Land Management completed the Paleozoic
Trackways Scientific Study Report in 1994, which characterized
the site as containing ``the most scientifically significant
Early Permian tracksites'' in the world;
(5) despite the conclusion of the study and the
recommendations for protection, the site remains unprotected and
many irreplaceable trackways specimens have been lost to
vandalism or theft; and
(6) designation of the trackways site as a National Monument
would protect the unique fossil resources for present and future
generations while allowing for public education and continued
scientific research opportunities.
SEC. 2102. DEFINITIONS.
In this subtitle:
(1) Monument.--The term ``Monument'' means the Prehistoric
Trackways National Monument established by section 2103(a).
(2) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
[[Page 123 STAT. 1097]]
SEC. 2103. ESTABLISHMENT.
(a) <<NOTE: New Mexico.>> In General.--In order to conserve,
protect, and enhance the unique and nationally important
paleontological, scientific, educational, scenic, and recreational
resources and values of the public land described in subsection (b),
there is established the Prehistoric Trackways National Monument in the
State of New Mexico.
(b) Description of Land.--The Monument shall consist of
approximately 5,280 acres of public land in Dona Ana County, New Mexico,
as generally depicted on the map entitled ``Prehistoric Trackways
National Monument'' and dated December 17, 2008.
(c) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare and submit to
Congress an official map and legal description of the Monument.
(2) Corrections.--The map and legal description submitted
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
any clerical or typographical errors in the legal description
and the map.
(3) Conflict between map and legal description.--In the case
of a conflict between the map and the legal description, the map
shall control.
(4) Availability of map and legal description.--Copies of
the map and legal description shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(d) Minor Boundary Adjustments.--If additional paleontological
resources are discovered on public land adjacent to the Monument after
the date of enactment of this Act, the Secretary may make minor boundary
adjustments to the Monument to include the resources in the Monument.
SEC. 2104. ADMINISTRATION.
(a) Management.--
(1) In general.--The Secretary shall manage the Monument--
(A) in a manner that conserves, protects, and
enhances the resources and values of the Monument,
including the resources and values described in section
2103(a); and
(B) in accordance with--
(i) this subtitle;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) other applicable laws.
(2) National landscape conservation system.--The Monument
shall be managed as a component of the National Landscape
Conservation System.
(b) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date of enactment of this Act, the Secretary shall
develop a comprehensive management plan for the long-term
protection and management of the Monument.
(2) Components.--The management plan under paragraph (1)--
(A) shall--
[[Page 123 STAT. 1098]]
(i) describe the appropriate uses and
management of the Monument, consistent with the
provisions of this subtitle; and
(ii) allow for continued scientific research
at the Monument during the development of the
management plan; and
(B) may--
(i) incorporate any appropriate decisions
contained in any current management or activity
plan for the land described in section 2103(b);
and
(ii) use information developed in studies of
any land within or adjacent to the Monument that
were conducted before the date of enactment of
this Act.
(c) Authorized Uses.--The Secretary shall only allow uses of the
Monument that the Secretary determines would further the purposes for
which the Monument has been established.
(d) Interpretation, Education, and Scientific Research.--
(1) In general.--The Secretary shall provide for public
interpretation of, and education and scientific research on, the
paleontological resources of the Monument, with priority given
to exhibiting and curating the resources in Dona Ana County, New
Mexico.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with appropriate public entities to carry
out paragraph (1).
(e) Special Management Areas.--
(1) In general.--The establishment of the Monument shall not
change the management status of any area within the boundary of
the Monument that is--
(A) designated as a wilderness study area and
managed in accordance with section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)); or
(B) managed as an area of critical environment
concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and this
subtitle, the more restrictive provision shall control.
(f) Motorized Vehicles.--
(1) In general.--Except as needed for administrative
purposes or to respond to an emergency, the use of motorized
vehicles in the Monument shall be allowed only on roads and
trails designated for use by motorized vehicles under the
management plan prepared under subsection (b).
(2) Permitted events.--The Secretary may issue permits for
special recreation events involving motorized vehicles within
the boundaries of the Monument--
(A) to the extent the events do not harm
paleontological resources; and
(B) subject to any terms and conditions that the
Secretary determines to be necessary.
(g) Withdrawals.--Subject to valid existing rights, any Federal land
within the Monument and any land or interest in land that is acquired by
the United States for inclusion in the Monument after the date of
enactment of this Act are withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
[[Page 123 STAT. 1099]]
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing laws, geothermal
leasing laws, and minerals materials laws.
(h) Grazing.--The Secretary may allow grazing to continue in any
area of the Monument in which grazing is allowed before the date of
enactment of this Act, subject to applicable laws (including
regulations).
(i) Water Rights.--Nothing in this subtitle constitutes an express
or implied reservation by the United States of any water or water rights
with respect to the Monument.
SEC. 2105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle C--Fort <<NOTE: New Mexico.>> Stanton-Snowy River Cave
National Conservation Area
SEC. 2201. <<NOTE: 16 USC 460yyy.>> DEFINITIONS.
In this subtitle:
(1) Conservation area.--The term ``Conservation Area'' means
the Fort Stanton-Snowy River Cave National Conservation Area
established by section 2202(a).
(2) Management plan.--The term ``management plan'' means the
management plan developed for the Conservation Area under
section 2203(c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
SEC. 2202. <<NOTE: 16 USC 460yyy-1.>> ESTABLISHMENT OF THE FORT
STANTON-SNOWY RIVER CAVE NATIONAL
CONSERVATION AREA.
(a) Establishment; Purposes.--There is established the Fort Stanton-
Snowy River Cave National Conservation Area in Lincoln County, New
Mexico, to protect, conserve, and enhance the unique and nationally
important historic, cultural, scientific, archaeological, natural, and
educational subterranean cave resources of the Fort Stanton-Snowy River
cave system.
(b) Area Included.--The Conservation Area shall include the area
within the boundaries depicted on the map entitled ``Fort Stanton-Snowy
River Cave National Conservation Area'' and dated December 15, 2008.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress a
map and legal description of the Conservation Area.
(2) Effect.--The map and legal description of the
Conservation Area shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
any minor errors in the map and legal description.
(3) Public availability.--The map and legal description of
the Conservation Area shall be available for public inspection
in the appropriate offices of the Bureau of Land Management.
[[Page 123 STAT. 1100]]
SEC. 2203. <<NOTE: 16 USC 460yyy-2.>> MANAGEMENT OF THE
CONSERVATION AREA.
(a) Management.--
(1) In general.--The Secretary shall manage the Conservation
Area--
(A) in a manner that conserves, protects, and
enhances the resources and values of the Conservation
Area, including the resources and values described in
section 2202(a); and
(B) in accordance with--
(i) this subtitle;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) any other applicable laws.
(2) Uses.--The Secretary shall only allow uses of the
Conservation Area that are consistent with the protection of the
cave resources.
(3) Requirements.--In administering the Conservation Area,
the Secretary shall provide for--
(A) the conservation and protection of the natural
and unique features and environs for scientific,
educational, and other appropriate public uses of the
Conservation Area;
(B) public access, as appropriate, while providing
for the protection of the cave resources and for public
safety;
(C) the continuation of other existing uses or other
new uses of the Conservation Area that do not impair the
purposes for which the Conservation Area is established;
(D) management of the surface area of the
Conservation Area in accordance with the Fort Stanton
Area of Critical Environmental Concern Final Activity
Plan dated March, 2001, or any amendments to the plan,
consistent with this subtitle; and
(E) scientific investigation and research
opportunities within the Conservation Area, including
through partnerships with colleges, universities,
schools, scientific institutions, researchers, and
scientists to conduct research and provide educational
and interpretive services within the Conservation Area.
(b) Withdrawals.--Subject to valid existing rights, all Federal
surface and subsurface land within the Conservation Area and all land
and interests in the land that are acquired by the United States after
the date of enactment of this Act for inclusion in the Conservation
Area, are withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
general land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal
leasing laws.
(c) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
develop a comprehensive plan for the long-term management of the
Conservation Area.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of
the Conservation Area;
[[Page 123 STAT. 1101]]
(B) incorporate, as appropriate, decisions contained
in any other management or activity plan for the land
within or adjacent to the Conservation Area;
(C) take into consideration any information
developed in studies of the land and resources within or
adjacent to the Conservation Area; and
(D) provide for a cooperative agreement with Lincoln
County, New Mexico, to address the historical
involvement of the local community in the interpretation
and protection of the resources of the Conservation
Area.
(d) Research and Interpretive Facilities.--
(1) In general.--The Secretary may establish facilities
for--
(A) the conduct of scientific research; and
(B) the interpretation of the historical, cultural,
scientific, archaeological, natural, and educational
resources of the Conservation Area.
(2) Cooperative agreements.--The Secretary may, in a manner
consistent with this subtitle, enter into cooperative agreements
with the State of New Mexico and other institutions and
organizations to carry out the purposes of this subtitle.
(e) Water Rights.--Nothing in this subtitle constitutes an express
or implied reservation of any water right.
SEC. 2204. <<NOTE: 16 USC 460yyy-3.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle D--Snake River Birds of Prey National Conservation Area
SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA.
(a) Renaming.--Public Law 103-64 is amended--
(1) in section 2(2) (16 U.S.C. 460iii-1(2)), by inserting
``Morley Nelson'' before ``Snake River Birds of Prey National
Conservation Area''; and
(2) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by
inserting ``Morley Nelson'' before ``Snake River Birds of Prey
National Conservation Area''.
(b) <<NOTE: 16 USC 460iii note.>> References.--Any reference in a
law, map, regulation, document, paper, or other record of the United
States to the Snake River Birds of Prey National Conservation Area shall
be deemed to be a reference to the Morley Nelson Snake River Birds of
Prey National Conservation Area.
(c) Technical Corrections.--Public Law 103-64 is further amended--
(1) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by
striking ``(hereafter referred to as the `conservation area')'';
and
(2) in section 4 (16 U.S.C. 460iii-3)--
(A) in subsection (a)(2), by striking ``Conservation
Area'' and inserting ``conservation area''; and
(B) in subsection (d), by striking ``Visitors
Center'' and inserting ``visitors center''.
[[Page 123 STAT. 1102]]
Subtitle E--Dominguez-Escalante National Conservation Area
SEC. 2401. <<NOTE: 16 USC 460zzz.>> DEFINITIONS.
In this subtitle:
(1) Conservation area.--The term ``Conservation Area'' means
the Dominguez-Escalante National Conservation Area established
by section 2402(a)(1).
(2) Council.--The term ``Council'' means the Dominguez-
Escalante National Conservation Area Advisory Council
established under section 2407.
(3) Management plan.--The term ``management plan'' means the
management plan developed under section 2406.
(4) Map.--The term ``Map'' means the map entitled
``Dominguez-Escalante National Conservation Area'' and dated
September 15, 2008.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(7) Wilderness.--The term ``Wilderness'' means the Dominguez
Canyon Wilderness Area designated by section 2403(a).
SEC. 2402. <<NOTE: 16 USC 460zzz-1.>> DOMINGUEZ-ESCALANTE
NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Dominguez-
Escalante National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 209,610 acres of public land, as generally
depicted on the Map.
(b) Purposes.--The purposes of the Conservation Area are to conserve
and protect for the benefit and enjoyment of present and future
generations--
(1) the unique and important resources and values of the
land, including the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic
resources of the public land; and
(2) the water resources of area streams, based on seasonally
available flows, that are necessary to support aquatic,
riparian, and terrestrial species and communities.
(c) Management.--
(1) In general.--The Secretary shall manage the Conservation
Area--
(A) as a component of the National Landscape
Conservation System;
(B) in a manner that conserves, protects, and
enhances the resources and values of the Conservation
Area described in subsection (b); and
(C) in accordance with--
(i) the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
(ii) this subtitle; and
(iii) any other applicable laws.
(2) Uses.--
[[Page 123 STAT. 1103]]
(A) In general.--The Secretary shall allow only such
uses of the Conservation Area as the Secretary
determines would further the purposes for which the
Conservation Area is established.
(B) Use of motorized vehicles.--
(i) In general.--Except as provided in clauses
(ii) and (iii), use of motorized vehicles in the
Conservation Area shall be allowed--
(I) before the effective date of the
management plan, only on roads and
trails designated for use of motor
vehicles in the management plan that
applies on the date of the enactment of
this Act to the public land in the
Conservation Area; and
(II) after the effective date of the
management plan, only on roads and
trails designated in the management plan
for the use of motor vehicles.
(ii) Administrative and emergency response
use.--Clause (i) shall not limit the use of motor
vehicles in the Conservation Area for
administrative purposes or to respond to an
emergency.
(iii) Limitation.--This subparagraph shall not
apply to the Wilderness.
SEC. 2403. <<NOTE: 16 USC 460zzz-2. 16 USC 1132 note.>> DOMINGUEZ
CANYON WILDERNESS AREA.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 66,280 acres of public land in Mesa,
Montrose, and Delta Counties, Colorado, as generally depicted on the
Map, is designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Dominguez Canyon
Wilderness Area''.
(b) Administration of Wilderness.--The Wilderness shall be managed
by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.) and this subtitle, except that--
(1) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
SEC. 2404. <<NOTE: 16 USC 460zzz-3.>> MAPS AND LEGAL
DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and a legal description of
the Conservation Area and the Wilderness with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The Map and legal descriptions filed under
subsection (a) shall have the same force and effect as if included in
this subtitle, except that the Secretary may correct clerical and
typographical errors in the Map and legal descriptions.
(c) Public Availability.--The Map and legal descriptions filed under
subsection (a) shall be available for public inspection in the
appropriate offices of the Bureau of Land Management.
[[Page 123 STAT. 1104]]
SEC. 2405. <<NOTE: 16 USC 460zzz-4.>> MANAGEMENT OF CONSERVATION
AREA AND WILDERNESS.
(a) Withdrawal.--Subject to valid existing rights, all Federal land
within the Conservation Area and the Wilderness and all land and
interests in land acquired by the United States within the Conservation
Area or the Wilderness is withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(b) Grazing.--
(1) <<NOTE: Contracts. Permits.>> Grazing in conservation
area.--Except as provided in paragraph (2), the Secretary shall
issue and administer any grazing leases or permits in the
Conservation Area in accordance with the laws (including
regulations) applicable to the issuance and administration of
such leases and permits on other land under the jurisdiction of
the Bureau of Land Management.
(2) Grazing in wilderness.--The grazing of livestock in the
Wilderness, if established as of the date of enactment of this
Act, shall be permitted to continue--
(A) subject to any reasonable regulations, policies,
and practices that the Secretary determines to be
necessary; and
(B) in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of
the report of the Committee on Interior and
Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress (H.
Rept. 101-405).
(c) No Buffer Zones.--
(1) In general.--Nothing in this subtitle creates a
protective perimeter or buffer zone around the Conservation
Area.
(2) Activities outside conservation area.--The fact that an
activity or use on land outside the Conservation Area can be
seen or heard within the Conservation Area shall not preclude
the activity or use outside the boundary of the Conservation
Area.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire non-Federal land
within the boundaries of the Conservation Area or the Wilderness
only through exchange, donation, or purchase from a willing
seller.
(2) Management.--Land acquired under paragraph (1) shall--
(A) become part of the Conservation Area and, if
applicable, the Wilderness; and
(B) be managed in accordance with this subtitle and
any other applicable laws.
(e) Fire, Insects, and Diseases.--Subject to such terms and
conditions as the Secretary determines to be desirable and appropriate,
the Secretary may undertake such measures as are necessary to control
fire, insects, and diseases--
(1) in the Wilderness, in accordance with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)); and
[[Page 123 STAT. 1105]]
(2) except as provided in paragraph (1), in the Conservation
Area in accordance with this subtitle and any other applicable
laws.
(f) Access.--The Secretary shall continue to provide private
landowners adequate access to inholdings in the Conservation Area.
(g) Invasive Species and Noxious Weeds.--In accordance with any
applicable laws and subject to such terms and conditions as the
Secretary determines to be desirable and appropriate, the Secretary may
prescribe measures to control nonnative invasive plants and noxious
weeds within the Conservation Area.
(h) Water Rights.--
(1) Effect.--Nothing in this subtitle--
(A) affects the use or allocation, in existence on
the date of enactment of this Act, of any water, water
right, or interest in water;
(B) affects any vested absolute or decreed
conditional water right in existence on the date of
enactment of this Act, including any water right held by
the United States;
(C) affects any interstate water compact in
existence on the date of enactment of this Act;
(D) authorizes or imposes any new reserved Federal
water rights; or
(E) shall be considered to be a relinquishment or
reduction of any water rights reserved or appropriated
by the United States in the State on or before the date
of enactment of this Act.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure that any
water rights within the Wilderness required to fulfill
the purposes of the Wilderness are secured in accordance
with subparagraphs (B) through (G).
(B) State law.--
(i) Procedural requirements.--Any water rights
within the Wilderness for which the Secretary
pursues adjudication shall be adjudicated,
changed, and administered in accordance with the
procedural requirements and priority system of
State law.
(ii) Establishment of water rights.--
(I) In general.--Except as provided
in subclause (II), the purposes and
other substantive characteristics of the
water rights pursued under this
paragraph shall be established in
accordance with State law.
(II) Exception.--Notwithstanding
subclause (I) and in accordance with
this subtitle, the Secretary may
appropriate and seek adjudication of
water rights to maintain surface water
levels and stream flows on and across
the Wilderness to fulfill the purposes
of the Wilderness.
(C) Deadline.--The Secretary shall promptly, but not
earlier than January 2009, appropriate the water rights
required to fulfill the purposes of the Wilderness.
(D) Required determination.--The Secretary shall not
pursue adjudication for any instream flow water rights
unless the Secretary makes a determination pursuant to
subparagraph (E)(ii) or (F).
(E) Cooperative enforcement.--
[[Page 123 STAT. 1106]]
(i) In general.--The Secretary shall not
pursue adjudication of any Federal instream flow
water rights established under this paragraph if--
(I) the Secretary determines, upon
adjudication of the water rights by the
Colorado Water Conservation Board, that
the Board holds water rights sufficient
in priority, amount, and timing to
fulfill the purposes of the Wilderness;
and
(II) the Secretary has entered into
a perpetual agreement with the Colorado
Water Conservation Board to ensure the
full exercise, protection, and
enforcement of the State water rights
within the Wilderness to reliably
fulfill the purposes of the Wilderness.
(ii) Adjudication.--If the Secretary
determines that the provisions of clause (i) have
not been met, the Secretary shall adjudicate and
exercise any Federal water rights required to
fulfill the purposes of the Wilderness in
accordance with this paragraph.
(F) Insufficient water rights.--If the Colorado
Water Conservation Board modifies the instream flow
water rights obtained under subparagraph (E) to such a
degree that the Secretary determines that water rights
held by the State are insufficient to fulfill the
purposes of the Wilderness, the Secretary shall
adjudicate and exercise Federal water rights required to
fulfill the purposes of the Wilderness in accordance
with subparagraph (B).
(G) Failure to comply.--The Secretary shall promptly
act to exercise and enforce the water rights described
in subparagraph (E) if the Secretary determines that--
(i) the State is not exercising its water
rights consistent with subparagraph (E)(i)(I); or
(ii) the agreement described in subparagraph
(E)(i)(II) is not fulfilled or complied with
sufficiently to fulfill the purposes of the
Wilderness.
(3) Water resource facility.--
(A) In general.--Notwithstanding any other provision
of law and subject to subparagraph (B), beginning on the
date of enactment of this Act, neither the President nor
any other officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license
or permit for the development of any new irrigation and
pumping facility, reservoir, water conservation work,
aqueduct, canal, ditch, pipeline, well, hydropower
project, transmission, other ancillary facility, or
other water, diversion, storage, or carriage structure
in the Wilderness.
(B) Exception.--Notwithstanding subparagraph (A),
the Secretary may allow construction of new livestock
watering facilities within the Wilderness in accordance
with--
(i) section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of
the report of the Committee on Interior and
Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress (H.
Rept. 101-405).
[[Page 123 STAT. 1107]]
(4) Conservation area water rights.--With respect to water
within the Conservation Area, nothing in this subtitle--
(A) authorizes any Federal agency to appropriate or
otherwise acquire any water right on the mainstem of the
Gunnison River; or
(B) prevents the State from appropriating or
acquiring, or requires the State to appropriate or
acquire, an instream flow water right on the mainstem of
the Gunnison River.
(5) Wilderness boundaries along gunnison river.--
(A) In general.--In areas in which the Gunnison
River is used as a reference for defining the boundary
of the Wilderness, the boundary shall--
(i) be located at the edge of the river; and
(ii) change according to the river level.
(B) Exclusion from wilderness.--Regardless of the
level of the Gunnison River, no portion of the Gunnison
River is included in the Wilderness.
(i) Effect.--Nothing in this subtitle--
(1) diminishes the jurisdiction of the State with respect to
fish and wildlife in the State; or
(2) imposes any Federal water quality standard upstream of
the Conservation Area or within the mainstem of the Gunnison
River that is more restrictive than would be applicable had the
Conservation Area not been established.
(j) Valid Existing Rights.--The designation of the Conservation Area
and Wilderness is subject to valid rights in existence on the date of
enactment of this Act.
SEC. 2406. <<NOTE: 16 USC 460zzz-5. Deadline.>> MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall develop a comprehensive management plan
for the long-term protection and management of the Conservation Area.
(b) Purposes.--The management plan shall--
(1) describe the appropriate uses and management of the
Conservation Area;
(2) be developed with extensive public input;
(3) take into consideration any information developed in
studies of the land within the Conservation Area; and
(4) include a comprehensive travel management plan.
SEC. 2407. <<NOTE: 16 USC 460zzz-6. Deadline.>> ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ``Dominguez-Escalante National Conservation
Area Advisory Council''.
(b) Duties.--The Council shall advise the Secretary with respect to
the preparation and implementation of the management plan.
(c) Applicable Law.--The Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--The Council shall include 10 members to be appointed
by the Secretary, of whom, to the extent practicable--
(1) 1 member shall be appointed after considering the
recommendations of the Mesa County Commission;
[[Page 123 STAT. 1108]]
(2) 1 member shall be appointed after considering the
recommendations of the Montrose County Commission;
(3) 1 member shall be appointed after considering the
recommendations of the Delta County Commission;
(4) 1 member shall be appointed after considering the
recommendations of the permittees holding grazing allotments
within the Conservation Area or the Wilderness; and
(5) 5 members shall reside in, or within reasonable
proximity to, Mesa County, Delta County, or Montrose County,
Colorado, with backgrounds that reflect--
(A) the purposes for which the Conservation Area or
Wilderness was established; and
(B) the interests of the stakeholders that are
affected by the planning and management of the
Conservation Area and Wilderness.
(e) Representation.--The Secretary shall ensure that the membership
of the Council is fairly balanced in terms of the points of view
represented and the functions to be performed by the Council.
(f) <<NOTE: Termination date.>> Duration.--The Council shall
terminate on the date that is 1 year from the date on which the
management plan is adopted by the Secretary.
SEC. 2408. <<NOTE: 16 USC 460zzz-7.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle F--Rio Puerco Watershed Management Program
SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM.
(a) Rio Puerco Management Committee.--Section 401(b) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110
Stat. 4147) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (I) through (N)
as subparagraphs (J) through (O), respectively; and
(B) by inserting after subparagraph (H) the
following:
``(I) the Environmental Protection Agency;''; and
(2) in paragraph (4), by striking ``enactment of this Act''
and inserting ``enactment of the Omnibus Public Land Management
Act of 2009''.
(b) Authorization of Appropriations.--Section 401(e) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110
Stat. 4148) is amended by striking ``enactment of this Act'' and
inserting ``enactment of the Omnibus Public Land Management Act of
2009''.
Subtitle G--Land Conveyances and Exchanges
SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES.
(a) Definitions.--In this section:
[[Page 123 STAT. 1109]]
(1) City.--The term ``City'' means Carson City Consolidated
Municipality, Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Carson
City, Nevada Area'', dated November 7, 2008, and on file and
available for public inspection in the appropriate offices of--
(A) the Bureau of Land Management;
(B) the Forest Service; and
(C) the City.
(3) Secretary.--The term ``Secretary'' means--
(A) with respect to land in the National Forest
System, the Secretary of Agriculture, acting through the
Chief of the Forest Service; and
(B) with respect to other Federal land, the
Secretary of the Interior.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior,
acting jointly.
(5) Tribe.--The term ``Tribe'' means the Washoe Tribe of
Nevada and California, which is a federally recognized Indian
tribe.
(b) Conveyances of Federal Land and City Land.--
(1) In general.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712), if the
City offers to convey to the United States title to the non-
Federal land described in paragraph (2)(A) that is acceptable to
the Secretary of Agriculture--
(A) the Secretary shall accept the offer; and
(B) <<NOTE: Deadline.>> not later than 180 days
after the date on which the Secretary receives
acceptable title to the non-Federal land described in
paragraph (2)(A), the Secretaries shall convey to the
City, subject to valid existing rights and for no
consideration, except as provided in paragraph (3)(A),
all right, title, and interest of the United States in
and to the Federal land (other than any easement
reserved under paragraph (3)(B)) or interest in land
described in paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred
to in paragraph (1) is the approximately 2,264 acres of
land administered by the City and identified on the Map
as ``To U.S. Forest Service''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is--
(i) the approximately 935 acres of Forest
Service land identified on the Map as ``To Carson
City for Natural Areas'';
(ii) the approximately 3,604 acres of Bureau
of Land Management land identified on the Map as
``Silver Saddle Ranch and Carson River Area'';
(iii) the approximately 1,848 acres of Bureau
of Land Management land identified on the Map as
``To Carson City for Parks and Public Purposes'';
and
(iv) the approximately 75 acres of City land
in which the Bureau of Land Management has a
reversionary interest that is identified on the
Map as ``Reversionary Interest of the United
States Released''.
(3) Conditions.--
[[Page 123 STAT. 1110]]
(A) Consideration.--Before the conveyance of the 62-
acre Bernhard parcel to the City, the City shall deposit
in the special account established by subsection
(e)(2)(A) an amount equal to 25 percent of the
difference between--
(i) the amount for which the Bernhard parcel
was purchased by the City on July 18, 2001; and
(ii) the amount for which the Bernhard parcel
was purchased by the Secretary on March 24, 2006.
(B) Conservation easement.--As a condition of the
conveyance of the land described in paragraph
(2)(B)(ii), the Secretary, in consultation with Carson
City and affected local interests, shall reserve a
perpetual conservation easement to the land to protect,
preserve, and enhance the conservation values of the
land, consistent with paragraph (4)(B).
(C) Costs.--Any costs relating to the conveyance
under paragraph (1), including any costs for surveys and
other administrative costs, shall be paid by the
recipient of the land being conveyed.
(4) Use of land.--
(A) Natural areas.--
(i) In general.--Except as provided in clause
(ii), the land described in paragraph (2)(B)(i)
shall be managed by the City to maintain
undeveloped open space and to preserve the natural
characteristics of the land in perpetuity.
(ii) Exception.--Notwithstanding clause (i),
the City may--
(I) conduct projects on the land to
reduce fuels;
(II) construct and maintain trails,
trailhead facilities, and any
infrastructure on the land that is
required for municipal water and flood
management activities; and
(III) maintain or reconstruct any
improvements on the land that are in
existence on the date of enactment of
this Act.
(B) Silver saddle ranch and carson river area.--
(i) In general.--Except as provided in clause
(ii), the land described in paragraph (2)(B)(ii)
shall--
(I) be managed by the City to
protect and enhance the Carson River,
the floodplain and surrounding upland,
and important wildlife habitat; and
(II) be used for undeveloped open
space, passive recreation, customary
agricultural practices, and wildlife
protection.
(ii) Exception.--Notwithstanding clause (i),
the City may--
(I) construct and maintain trails
and trailhead facilities on the land;
(II) conduct projects on the land to
reduce fuels;
(III) maintain or reconstruct any
improvements on the land that are in
existence on the date of enactment of
this Act; and
[[Page 123 STAT. 1111]]
(IV) allow the use of motorized
vehicles on designated roads, trails,
and areas in the south end of Prison
Hill.
(C) Parks and public purposes.--The land described
in paragraph (2)(B)(iii) shall be managed by the City
for--
(i) undeveloped open space; and
(ii) recreation or other public purposes
consistent with the Act of June 14, 1926 (commonly
known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.).
(D) Reversionary interest.--
(i) Release.--The reversionary interest
described in paragraph (2)(B)(iv) shall terminate
on the date of enactment of this Act.
(ii) Conveyance by city.--
(I) In general.--If the City sells,
leases, or otherwise conveys any portion
of the land described in paragraph
(2)(B)(iv), the sale, lease, or
conveyance of land shall be--
(aa) through a competitive
bidding process; and
(bb) except as provided in
subclause (II), for not less
than fair market value.
(II) Conveyance to government or
nonprofit.--A sale, lease, or conveyance
of land described in paragraph
(2)(B)(iv) to the Federal Government, a
State government, a unit of local
government, or a nonprofit organization
shall be for consideration in an amount
equal to the price established by the
Secretary of the Interior under section
2741 of title 43, Code of Federal
Regulation (or successor regulations).
(III) Disposition of proceeds.--The
gross proceeds from the sale, lease, or
conveyance of land under subclause (I)
shall be distributed in accordance with
subsection (e)(1).
(5) Reversion.--If land conveyed under paragraph (1) is used
in a manner that is inconsistent with the uses described in
subparagraph (A), (B), (C), or (D) of paragraph (4), the land
shall, at the discretion of the Secretary, revert to the United
States.
(6) Miscellaneous provisions.--
(A) In general.--On conveyance of the non-Federal
land under paragraph (1) to the Secretary of
Agriculture, the non-Federal land shall--
(i) become part of the Humboldt-Toiyabe
National Forest; and
(ii) be administered in accordance with the
laws (including the regulations) and rules
generally applicable to the National Forest
System.
(B) Management plan.--The Secretary of Agriculture,
in consultation with the City and other interested
parties, may develop and implement a management plan for
National Forest System land that ensures the protection
and stabilization of the National Forest System land to
minimize the impacts of flooding on the City.
(7) Conveyance to bureau of land management.--
[[Page 123 STAT. 1112]]
(A) In general.--If the City offers to convey to the
United States title to the non-Federal land described in
subparagraph (B) that is acceptable to the Secretary of
the Interior, the land shall, at the discretion of the
Secretary, be conveyed to the United States.
(B) Description of land.--The non-Federal land
referred to in subparagraph (A) is the approximately 46
acres of land administered by the City and identified on
the Map as ``To Bureau of Land Management''.
(C) Costs.--Any costs relating to the conveyance
under subparagraph (A), including any costs for surveys
and other administrative costs, shall be paid by the
Secretary of the Interior.
(c) Transfer of Administrative Jurisdiction From the Forest Service
to the Bureau of Land Management.--
(1) In general.--Administrative jurisdiction over the
approximately 50 acres of Forest Service land identified on the
Map as ``Parcel #1'' is transferred, from the Secretary of
Agriculture to the Secretary of the Interior.
(2) Costs.--Any costs relating to the transfer under
paragraph (1), including any costs for surveys and other
administrative costs, shall be paid by the Secretary of the
Interior.
(3) Use of land.--
(A) <<NOTE: Deadline.>> Right-of-way.--Not later
than 120 days after the date of enactment of this Act,
the Secretary of the Interior shall grant to the City a
right-of-way for the maintenance of flood management
facilities located on the land.
(B) Disposal.--The land referred to in paragraph (1)
shall be disposed of in accordance with subsection (d).
(C) Disposition of proceeds.--The gross proceeds
from the disposal of land under subparagraph (B) shall
be distributed in accordance with subsection (e)(1).
(d) Disposal of Carson City Land.--
(1) In general.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712,
1713), the Secretary of the Interior shall, in accordance with
that Act, this subsection, and other applicable law, and subject
to valid existing rights, conduct sales of the Federal land
described in paragraph (2) to qualified bidders.
(2) Description of land.--The Federal land referred to in
paragraph (1) is--
(A) the approximately 108 acres of Bureau of Land
Management land identified as ``Lands for Disposal'' on
the Map; and
(B) the approximately 50 acres of land identified as
``Parcel #1'' on the Map.
(3) <<NOTE: Certification.>> Compliance with local planning
and zoning laws.--Before a sale of Federal land under paragraph
(1), the City shall submit to the Secretary a certification that
qualified bidders have agreed to comply with--
(A) City zoning ordinances; and
(B) any master plan for the area approved by the
City.
(4) Method of sale; consideration.--The sale of Federal land
under paragraph (1) shall be--
[[Page 123 STAT. 1113]]
(A) consistent with subsections (d) and (f) of
section 203 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1713);
(B) unless otherwise determined by the Secretary,
through a competitive bidding process; and
(C) for not less than fair market value.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights
and except as provided in subparagraph (B), the Federal
land described in paragraph (2) is withdrawn from--
(i) all forms of entry and appropriation under
the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) operation of the mineral leasing and
geothermal leasing laws.
(B) Exception.--Subparagraph (A)(i) shall not apply
to sales made consistent with this subsection.
(6) Deadline for sale.--
(A) In general.--Except as provided in subparagraph
(B), not later than 1 year after the date of enactment
of this Act, if there is a qualified bidder for the land
described in subparagraphs (A) and (B) of paragraph (2),
the Secretary of the Interior shall offer the land for
sale to the qualified bidder.
(B) Postponement; exclusion from sale.--
(i) Request by carson city for postponement or
exclusion.--At the request of the City, the
Secretary shall postpone or exclude from the sale
under subparagraph (A) all or a portion of the
land described in subparagraphs (A) and (B) of
paragraph (2).
(ii) Indefinite postponement.--Unless
specifically requested by the City, a postponement
under clause (i) shall not be indefinite.
(e) Disposition of Proceeds.--
(1) In general.--Of the proceeds from the sale of land under
subsections (b)(4)(D)(ii) and (d)(1)--
(A) 5 percent shall be paid directly to the State
for use in the general education program of the State;
and
(B) the remainder shall be deposited in a special
account in the Treasury of the United States, to be
known as the ``Carson City Special Account'', and shall
be available without further appropriation to the
Secretary until expended to--
(i) reimburse costs incurred by the Bureau of
Land Management for preparing for the sale of the
Federal land described in subsection (d)(2),
including the costs of--
(I) surveys and appraisals; and
(II) compliance with--
(aa) the National
Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(bb) sections 202 and 203 of
the Federal Land Policy and
Management Act of 1976 (43
U.S.C. 1712, 1713);
(ii) reimburse costs incurred by the Bureau of
Land Management and Forest Service for preparing
for, and
[[Page 123 STAT. 1114]]
carrying out, the transfers of land to be held in
trust by the United States under subsection
(h)(1); and
(iii) acquire environmentally sensitive land
or an interest in environmentally sensitive land
in the City.
(2) Silver saddle endowment account.--
(A) Establishment.--There is established in the
Treasury of the United States a special account, to be
known as the ``Silver Saddle Endowment Account'',
consisting of such amounts as are deposited under
subsection (b)(3)(A).
(B) Availability of amounts.--Amounts deposited in
the account established by paragraph (1) shall be
available to the Secretary, without further
appropriation, for the oversight and enforcement of the
conservation easement established under subsection
(b)(3)(B).
(f) Urban Interface.--
(1) In general.--Except as otherwise provided in this
section and subject to valid existing rights, the Federal land
described in paragraph (2) is permanently withdrawn from--
(A) all forms of entry and appropriation under the
public land laws and mining laws;
(B) location and patent under the mining laws; and
(C) operation of the mineral laws, geothermal
leasing laws, and mineral material laws.
(2) Description of land.--The land referred to in paragraph
(1) consists of approximately 19,747 acres, which is identified
on the Map as ``Urban Interface Withdrawal''.
(3) Incorporation of acquired land and interests.--Any land
or interest in land within the boundaries of the land described
in paragraph (2) that is acquired by the United States after the
date of enactment of this Act shall be withdrawn in accordance
with this subsection.
(4) Off-highway vehicle management.--Until the date on which
the Secretary, in consultation with the State, the City, and any
other interested persons, completes a transportation plan for
Federal land in the City, the use of motorized and mechanical
vehicles on Federal land within the City shall be limited to
roads and trails in existence on the date of enactment of this
Act unless the use of the vehicles is needed--
(A) for administrative purposes; or
(B) to respond to an emergency.
(g) Availability of Funds.--Section 4(e) of the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346;
116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is
amended--
(1) in paragraph (3)(A)(iv), by striking ``Clark, Lincoln,
and White Pine Counties and Washoe County (subject to paragraph
4))'' and inserting ``Clark, Lincoln, and White Pine Counties
and Washoe County (subject to paragraph 4)) and Carson City
(subject to paragraph (5))'';
(2) in paragraph (3)(A)(v), by striking ``Clark, Lincoln,
and White Pine Counties'' and inserting ``Clark, Lincoln, and
White Pine Counties and Carson City (subject to paragraph
(5))'';
(3) in paragraph (4), by striking ``2011'' and inserting
``2015''; and
(4) by adding at the end the following:
[[Page 123 STAT. 1115]]
``(5) Limitation for carson city.--Carson City shall be
eligible to nominate for expenditure amounts to acquire land or
an interest in land for parks or natural areas and for
conservation initiatives--
``(A) adjacent to the Carson River; or
``(B) within the floodplain of the Carson River.''.
(h) Transfer of Land To Be Held in Trust for Washoe Tribe.--
(1) In general.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in paragraph (2)--
(A) shall be held in trust by the United States for
the benefit and use of the Tribe; and
(B) shall be part of the reservation of the Tribe.
(2) Description of land.--The land referred to in paragraph
(1) consists of approximately 293 acres, which is identified on
the Map as ``To Washoe Tribe''.
(3) <<NOTE: Deadline.>> Survey.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Agriculture shall complete a survey of the boundary lines to
establish the boundaries of the land taken into trust under
paragraph (1).
(4) Use of land.--
(A) Gaming.--Land taken into trust under paragraph
(1) shall not be eligible, or considered to have been
taken into trust, for class II gaming or class III
gaming (as those terms are defined in section 4 of the
Indian Gaming Regulatory Act (25 U.S.C. 2703)).
(B) Trust land for ceremonial use and
conservation.--With respect to the use of the land taken
into trust under paragraph (1) that is above the 5,200'
elevation contour, the Tribe--
(i) shall limit the use of the land to--
(I) traditional and customary uses;
and
(II) stewardship conservation for
the benefit of the Tribe; and
(ii) shall not permit any--
(I) permanent residential or
recreational development on the land; or
(II) commercial use of the land,
including commercial development or
gaming.
(C) Trust land for commercial and residential use.--
With respect to the use of the land taken into trust
under paragraph (1), the Tribe shall limit the use of
the land below the 5,200' elevation to--
(i) traditional and customary uses;
(ii) stewardship conservation for the benefit
of the Tribe; and
(iii)(I) residential or recreational
development; or
(II) commercial use.
(D) Thinning; landscape restoration.--With respect
to the land taken into trust under paragraph (1), the
Secretary of Agriculture, in consultation and
coordination with the Tribe, may carry out any thinning
and other landscape restoration activities on the land
that is beneficial to the Tribe and the Forest Service.
(i) Correction of Skunk Harbor Conveyance.--
[[Page 123 STAT. 1116]]
(1) Purpose.--The purpose of this subsection is to amend
Public Law 108-67 (117 Stat. 880) to make a technical correction
relating to the land conveyance authorized under that Act.
(2) Technical correction.--Section 2 of Public Law 108-67
(117 Stat. 880) is amended--
(A) by striking ``Subject to'' and inserting the
following:
``(a) In General.--Subject to'';
(B) in subsection (a) (as designated by paragraph
(1)), by striking ``the parcel'' and all that follows
through the period at the end and inserting the
following: ``and to approximately 23 acres of land
identified as `Parcel A' on the map entitled `Skunk
Harbor Conveyance Correction' and dated September 12,
2008, the western boundary of which is the low water
line of Lake Tahoe at elevation 6,223.0' (Lake Tahoe
Datum).''; and
(C) by adding at the end the following:
``(b) Survey and Legal Description.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this subsection, the
Secretary of Agriculture shall complete a survey and legal
description of the boundary lines to establish the boundaries of
the trust land.
``(2) Technical corrections.--The Secretary may correct any
technical errors in the survey or legal description completed
under paragraph (1).
``(c) Public Access and Use.--Nothing in this Act prohibits any
approved general public access (through existing easements or by boat)
to, or use of, land remaining within the Lake Tahoe Basin Management
Unit after the conveyance of the land to the Secretary of the Interior,
in trust for the Tribe, under subsection (a), including access to, and
use of, the beach and shoreline areas adjacent to the portion of land
conveyed under that subsection.''.
(3) Date of trust status.--The trust land described in
section 2(a) of Public Law 108-67 (117 Stat. 880) shall be
considered to be taken into trust as of August 1, 2003.
(4) Transfer.--The Secretary of the Interior, acting on
behalf of and for the benefit of the Tribe, shall transfer to
the Secretary of Agriculture administrative jurisdiction over
the land identified as ``Parcel B'' on the map entitled ``Skunk
Harbor Conveyance Correction'' and dated September 12, 2008.
(j) Agreement With Forest Service.--The Secretary of Agriculture, in
consultation with the Tribe, shall develop and implement a cooperative
agreement that ensures regular access by members of the Tribe and other
people in the community of the Tribe across National Forest System land
from the City to Lake Tahoe for cultural and religious purposes.
(k) Artifact Collection.--
(1) <<NOTE: Deadline.>> Notice.--At least 180 days before
conducting any ground disturbing activities on the land
identified as ``Parcel #2'' on the Map, the City shall notify
the Tribe of the proposed activities to provide the Tribe with
adequate time to inventory and collect any artifacts in the
affected area.
(2) Authorized activities.--On receipt of notice under
paragraph (1), the Tribe may collect and possess any artifacts
relating to the Tribe in the land identified as ``Parcel #2'' on
the Map.
[[Page 123 STAT. 1117]]
(l) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA CONVEYANCE.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Henderson,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
(4) Transition area.--The term ``Transition Area'' means the
approximately 502 acres of Federal land located in Henderson,
Nevada, and identified as ``Limited Transition Area'' on the map
entitled ``Southern Nevada Limited Transition Area Act'' and
dated March 20, 2006.
(b) Southern Nevada Limited Transition Area.--
(1) Conveyance.--Notwithstanding the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), on request of
the City, the Secretary shall, without consideration and subject
to all valid existing rights, convey to the City all right,
title, and interest of the United States in and to the
Transition Area.
(2) Use of land for nonresidential development.--
(A) In general.--After the conveyance to the City
under paragraph (1), the City may sell, lease, or
otherwise convey any portion or portions of the
Transition Area for purposes of nonresidential
development.
(B) Method of sale.--
(i) In general.--The sale, lease, or
conveyance of land under subparagraph (A) shall be
through a competitive bidding process.
(ii) Fair market value.--Any land sold,
leased, or otherwise conveyed under subparagraph
(A) shall be for not less than fair market value.
(C) Compliance with charter.--Except as provided in
subparagraphs (B) and (D), the City may sell, lease, or
otherwise convey parcels within the Transition Area only
in accordance with the procedures for conveyances
established in the City Charter.
(D) Disposition of proceeds.--The gross proceeds
from the sale of land under subparagraph (A) shall be
distributed in accordance with section 4(e) of the
Southern Nevada Public Land Management Act of 1998 (112
Stat. 2345).
(3) Use of land for recreation or other public purposes.--
The City <<NOTE: Notice.>> may elect to retain parcels in the
Transition Area for public recreation or other public purposes
consistent with the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.)
by providing to the Secretary written notice of the election.
(4) Noise compatibility requirements.--The City shall--
(A) <<NOTE: Plans.>> plan and manage the Transition
Area in accordance with section 47504 of title 49,
United States Code (relating to airport noise
compatibility planning), and regulations promulgated in
accordance with that section; and
[[Page 123 STAT. 1118]]
(B) agree that if any land in the Transition Area is
sold, leased, or otherwise conveyed by the City, the
sale, lease, or conveyance shall contain a limitation to
require uses compatible with that airport noise
compatibility planning.
(5) Reversion.--
(A) <<NOTE: Deadline.>> In general.--If any parcel
of land in the Transition Area is not conveyed for
nonresidential development under this section or
reserved for recreation or other public purposes under
paragraph (3) by the date that is 20 years after the
date of enactment of this Act, the parcel of land shall,
at the discretion of the Secretary, revert to the United
States.
(B) Inconsistent use.--If the City uses any parcel
of land within the Transition Area in a manner that is
inconsistent with the uses specified in this
subsection--
(i) at the discretion of the Secretary, the
parcel shall revert to the United States; or
(ii) if the Secretary does not make an
election under clause (i), the City shall sell the
parcel of land in accordance with this subsection.
SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Alta-hualapai site.--The term ``Alta-Hualapai Site''
means the approximately 80 acres of land that is--
(A) patented to the City under the Act of June 14,
1926 (commonly known as the ``Recreation and Public
Purposes Act'') (43 U.S.C. 869 et seq.); and
(B) identified on the map as the ``Alta-Hualapai
Site''.
(2) City.--The term ``City'' means the city of Las Vegas,
Nevada.
(3) Institute.--The term ``Institute'' means the Nevada
Cancer Institute, a nonprofit organization described under
section 501(c)(3) of the Internal Revenue Code of 1986, the
principal place of business of which is at 10441 West Twain
Avenue, Las Vegas, Nevada.
(4) Map.--The term ``map'' means the map titled ``Nevada
Cancer Institute Expansion Act'' and dated July 17, 2006.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(6) Water district.--The term ``Water District'' means the
Las Vegas Valley Water District.
(b) Land Conveyance.--
(1) Survey and legal description.--The City shall prepare a
survey and legal description of the Alta-Hualapai Site. The
survey shall conform to the Bureau of Land Management cadastral
survey standards and be subject to approval by the Secretary.
(2) Acceptance.--The Secretary may accept the relinquishment
by the City of all or part of the Alta-Hualapai Site.
(3) Conveyance for use as nonprofit cancer institute.--After
relinquishment <<NOTE: Deadline.>> of all or part of the Alta-
Hualapai Site to the Secretary, and not later than 180 days
after request of the Institute, the Secretary shall convey to
the Institute, subject to valid existing rights, the portion of
[[Page 123 STAT. 1119]]
the Alta-Hualapai Site that is necessary for the development of
a nonprofit cancer institute.
(4) <<NOTE: Deadline.>> Additional conveyances.--Not later
than 180 days after a request from the City, the Secretary shall
convey to the City, subject to valid existing rights, any
remaining portion of the Alta-Hualapai Site necessary for
ancillary medical or nonprofit use compatible with the mission
of the Institute.
(5) Applicable law.--Any conveyance by the City of any
portion of the land received under this section shall be for no
less than fair market value and the proceeds shall be
distributed in accordance with section 4(e)(1) of Public Law
105-263 (112 Stat. 2345).
(6) Transaction costs.--All land conveyed by the Secretary
under this section shall be at no cost, except that the
Secretary may require the recipient to bear any costs associated
with transfer of title or any necessary land surveys.
(7) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
a report on all transactions conducted under Public Law 105-263
(112 Stat. 2345).
(c) Rights-of-Way.--Consistent with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), the Secretary may grant rights-
of-way to the Water District on a portion of the Alta-Hualapai Site for
a flood control project and a water pumping facility.
(d) Reversion.--Any property conveyed pursuant to this section which
ceases to be used for the purposes specified in this section shall, at
the discretion of the Secretary, revert to the United States, along with
any improvements thereon or thereto.
SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 25 acres of Bureau of Land Management land
identified on the map as ``Lands to be conveyed to Turnabout
Ranch''.
(2) Map.--The term ``map'' means the map entitled
``Turnabout Ranch Conveyance'' dated May 12, 2006, and on file
in the office of the Director of the Bureau of Land Management.
(3) Monument.--The term ``Monument'' means the Grand
Staircase-Escalante National Monument located in southern Utah.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Turnabout ranch.--The term ``Turnabout Ranch'' means the
Turnabout Ranch in Escalante, Utah, owned by Aspen Education
Group.
(b) <<NOTE: Deadlines.>> Conveyance of Federal Land to Turnabout
Ranch.--
(1) In general.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712, 1713), if not later
than 30 days after completion of the appraisal required under
paragraph (2), Turnabout Ranch of Escalante, Utah, submits to
the Secretary an offer to acquire the Federal land for the
appraised value, the Secretary shall, not later
[[Page 123 STAT. 1120]]
than 30 days after the date of the offer, convey to Turnabout
Ranch all right, title, and interest to the Federal land,
subject to valid existing rights.
(2) Appraisal.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall complete an appraisal
of the Federal land. The appraisal shall be completed in
accordance with the ``Uniform Appraisal Standards for Federal
Land Acquisitions'' and the ``Uniform Standards of Professional
Appraisal Practice''. All costs associated with the appraisal
shall be born by Turnabout Ranch.
(3) Payment of consideration.--Not later than 30 days after
the date on which the Federal land is conveyed under paragraph
(1), as a condition of the conveyance, Turnabout Ranch shall pay
to the Secretary an amount equal to the appraised value of the
Federal land, as determined under paragraph (2).
(4) Costs of conveyance.--As a condition of the conveyance,
any costs of the conveyance under this section shall be paid by
Turnabout Ranch.
(5) Disposition of proceeds.--The Secretary shall deposit
the proceeds from the conveyance of the Federal land under
paragraph (1) in the Federal Land Deposit Account established by
section 206 of the Federal Land Transaction Facilitation Act(43
U.S.C. 2305), to be expended in accordance with that Act.
(c) Modification of Monument Boundary.--When the conveyance
authorized by subsection (b) is completed, the boundaries of the Grand
Staircase-Escalante National Monument in the State of Utah are hereby
modified to exclude the Federal land conveyed to Turnabout Ranch.
SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH.
(a) Definitions.--In this section:
(1) Boy scouts.--The term ``Boy Scouts'' means the Utah
National Parks Council of the Boy Scouts of America.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Boy Scouts of America Land Exchange.--
(1) Authority to convey.--
(A) In general.--Subject to paragraph (3) and
notwithstanding the Act of June 14, 1926 (commonly known
as the ``Recreation and Public Purposes Act'') (43
U.S.C. 869 et seq.), the Boy Scouts may convey to Brian
Head Resort, subject to valid existing rights and,
except as provided in subparagraph (B), any rights
reserved by the United States, all right, title, and
interest granted to the Boy Scouts by the original
patent to the parcel described in paragraph (2)(A) in
exchange for the conveyance by Brian Head Resort to the
Boy Scouts of all right, title, and interest in and to
the parcels described in paragraph (2)(B).
(B) Reversionary interest.--On conveyance of the
parcel of land described in paragraph (2)(A), the
Secretary shall have discretion with respect to whether
or not the reversionary interests of the United States
are to be exercised.
[[Page 123 STAT. 1121]]
(2) Description of land.--The parcels of land referred to in
paragraph (1) are--
(A) the 120-acre parcel that is part of a tract of
public land acquired by the Boy Scouts under the Act of
June 14, 1926 (commonly known as the ``Recreation and
Public Purposes Act'') (43 U.S.C. 869 et seq.) for the
purpose of operating a camp, which is more particularly
described as the W 1/2 SE 1/4 and SE 1/4 SE 1/4 sec. 26,
T. 35 S., R. 9 W., Salt Lake Base and Meridian; and
(B) the 2 parcels of private land owned by Brian
Head Resort that total 120 acres, which are more
particularly described as--
(i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25,
T. 35 S., R. 9 W., Salt Lake Base and Meridian;
and
(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9
W., Salt Lake Base Meridian.
(3) Conditions.--On conveyance to the Boy Scouts under
paragraph (1)(A), the parcels of land described in paragraph
(2)(B) shall be subject to the terms and conditions imposed on
the entire tract of land acquired by the Boy Scouts for a camp
under the Bureau of Land Management patent numbered 43-75-0010.
(4) Modification of patent.--On completion of the exchange
under paragraph (1)(A), the Secretary shall amend the original
Bureau of Land Management patent providing for the conveyance to
the Boy Scouts under the Act of June 14, 1926 (commonly known as
the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.) numbered 43-75-0010 to take into account the exchange
under paragraph (1)(A).
SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Public land.--The term ``public land'' means the
approximately 622 acres of Federal land managed by the Bureau of
Land Management and identified for conveyance on the map
prepared by the Bureau of Land Management entitled ``Douglas
County Public Utility District Proposal'' and dated March 2,
2006.
(2) PUD.--The term ``PUD'' means the Public Utility District
No. 1 of Douglas County, Washington.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Wells hydroelectric project.--The term ``Wells
Hydroelectric Project'' means Federal Energy Regulatory
Commission Project No. 2149.
(b) Conveyance of Public Land, Wells Hydroelectric Project, Public
Utility District No. 1 of Douglas County, Washington.--
(1) <<NOTE: Deadlines.>> Conveyance required.--
Notwithstanding the land use planning requirements of sections
202 and 203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712, 1713), and notwithstanding section 24 of
the Federal Power Act (16 U.S.C. 818) and Federal Power Order
for Project 2149, and subject to valid existing rights, if not
later than 45 days after the date of completion of the appraisal
required under paragraph (2), the Public Utility District No. 1
of Douglas County, Washington, submits to the Secretary an offer
to
[[Page 123 STAT. 1122]]
acquire the public land for the appraised value, the Secretary
shall convey, not later than 30 days after the date of the
offer, to the PUD all right, title, and interest of the United
States in and to the public land.
(2) <<NOTE: Deadline.>> Appraisal.--Not later than 60 days
after the date of enactment of this Act, the Secretary shall
complete an appraisal of the public land. The appraisal shall be
conducted in accordance with the ``Uniform Appraisal Standards
for Federal Land Acquisitions'' and the ``Uniform Standards of
Professional Appraisal Practice''.
(3) <<NOTE: Deadline.>> Payment.--Not later than 30 days
after the date on which the public land is conveyed under this
subsection, the PUD shall pay to the Secretary an amount equal
to the appraised value of the public land as determined under
paragraph (2).
(4) Map and legal descriptions.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
finalize legal descriptions of the public land to be conveyed
under this subsection. The Secretary may correct any minor
errors in the map referred to in subsection (a)(1) or in the
legal descriptions. The map and legal descriptions shall be on
file and available for public inspection in appropriate offices
of the Bureau of Land Management.
(5) Costs of conveyance.--As a condition of conveyance, any
costs related to the conveyance under this subsection shall be
paid by the PUD.
(6) Disposition of proceeds.--The Secretary shall deposit
the proceeds from the sale in the Federal Land Disposal Account
established by section 206 of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305) to be expended to improve
access to public lands administered by the Bureau of Land
Management in the State of Washington.
(c) Segregation of Lands.--
(1) <<NOTE: Effective date.>> Withdrawal.--Except as
provided in subsection (b)(1), effective immediately upon
enactment of this Act, and subject to valid existing rights, the
public land is withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws, and all amendments thereto;
(B) location, entry, and patenting under the mining
laws, and all amendments thereto; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws, and all
amendments thereto.
(2) <<NOTE: Expiration date.>> Duration.--This subsection
expires two years after the date of enactment of this Act or on
the date of the completion of the conveyance under subsection
(b), whichever is earlier.
(d) Retained Authority.--The Secretary shall retain the authority to
place conditions on the license to insure adequate protection and
utilization of the public land granted to the Secretary in section 4(e)
of the Federal Power Act (16 U.S.C. 797(e)) until the Federal Energy
Regulatory Commission has issued a new license for the Wells
Hydroelectric Project, to replace the original license expiring May 31,
2012, consistent with section 15 of the Federal Power Act (16 U.S.C.
808).
[[Page 123 STAT. 1123]]
SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE.
(a) Conveyance.--As soon as practicable after the date of enactment
of this Act, the Secretary of the Interior, acting through the Director
of the Bureau of Land Management, shall convey to the city of Twin
Falls, Idaho, subject to valid existing rights, without consideration,
all right, title, and interest of the United States in and to the 4
parcels of land described in subsection (b).
(b) Land Description.--The 4 parcels of land to be conveyed under
subsection (a) are the approximately 165 acres of land in Twin Falls
County, Idaho, that are identified as ``Land to be conveyed to Twin
Falls'' on the map titled ``Twin Falls Land Conveyance'' and dated July
28, 2008.
(c) Map on File.--A map depicting the land described in subsection
(b) shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(d) Use of Conveyed Lands.--
(1) Purpose.--The land conveyed under this section shall be
used to support the public purposes of the Auger Falls Project,
including a limited agricultural exemption to allow for water
quality and wildlife habitat improvements.
(2) Restriction.--The land conveyed under this section shall
not be used for residential or commercial purposes, except for
the limited agricultural exemption described in paragraph (1).
(3) Additional terms and conditions.--The Secretary of the
Interior may require such additional terms and conditions in
connection with the conveyance as the Secretary considers
appropriate to protect the interests of the United States.
(e) Reversion.--If the land conveyed under this section is no longer
used in accordance with subsection (d)--
(1) the land shall, at the discretion of the Secretary based
on his determination of the best interests of the United States,
revert to the United States; and
(2) if the Secretary chooses to have the land revert to the
United States and if the Secretary determines that the land is
environmentally contaminated, the city of Twin Falls, Idaho, or
any other person responsible for the contamination shall
remediate the contamination.
(f) Administrative Costs.--The Secretary shall require that the city
of Twin Falls, Idaho, pay all survey costs and other administrative
costs necessary for the preparation and completion of any patents of and
transfer of title to property under this section.
SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE, NEVADA.
(a) Finding.--Congress finds that the land described in subsection
(c) has been adequately studied for wilderness designation under section
603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782).
(b) Release.--The land described in subsection (c)--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202
of that Act (43 U.S.C. 1712); and
[[Page 123 STAT. 1124]]
(B) cooperative conservation agreements in existence
on the date of the enactment of this Act.
(c) Description of Land.--The land referred to in subsections (a)
and (b) is the approximately 70 acres of land in the Sunrise Mountain
Instant Study Area of Clark County, Nevada, that is designated on the
map entitled ``Sunrise Mountain ISA Release Areas'' and dated September
6, 2008.
SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE.
(a) Conveyance of Land by the Bureau of Land Management to Park
City, Utah.--
(1) <<NOTE: Deadline.>> Land transfer.--Notwithstanding the
planning requirements of sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
the Secretary of the Interior shall convey, not later than 180
days after the date of the enactment of this Act, to Park City,
Utah, all right, title, and interest of the United States in and
to two parcels of real property located in Park City, Utah, that
are currently under the management jurisdiction of the Bureau of
Land Management and designated as parcel 8 (commonly known as
the White Acre parcel) and parcel 16 (commonly known as the
Gambel Oak parcel). The conveyance shall be subject to all valid
existing rights.
(2) Deed restriction.--The conveyance of the lands under
paragraph (1) shall be made by a deed or deeds containing a
restriction requiring that the lands be maintained as open space
and used solely for public recreation purposes or other purposes
consistent with their maintenance as open space. This
restriction shall not be interpreted to prohibit the
construction or maintenance of recreational facilities,
utilities, or other structures that are consistent with the
maintenance of the lands as open space or its use for public
recreation purposes.
(3) <<NOTE: Payments.>> Consideration.--In consideration
for the transfer of the land under paragraph (1), Park City
shall pay to the Secretary of the Interior an amount consistent
with conveyances to governmental entities for recreational
purposes under the Act of June 14, 1926 (commonly known as the
Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.).
(b) Sale of Bureau of Land Management Land in Park City, Utah, at
Auction.--
(1) <<NOTE: Deadline.>> Sale of land.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of the Interior shall offer for sale any right, title, or
interest of the United States in and to two parcels of real
property located in Park City, Utah, that are currently under
the management jurisdiction of the Bureau of Land Management and
are designated as parcels 17 and 18 in the Park City, Utah,
area. The sale of the land shall be carried out in accordance
with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701) and other applicable law, other than the planning
provisions of sections 202 and 203 of such Act (43 U.S.C. 1712,
1713), and shall be subject to all valid existing rights.
(2) Method of sale.--The sale of the land under paragraph
(1) shall be consistent with subsections (d) and (f) of section
203 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1713) through a competitive bidding process and for not
less than fair market value.
[[Page 123 STAT. 1125]]
(c) Disposition of Land Sales Proceeds.--All proceeds derived from
the sale of land described in this section shall be deposited in the
Federal Land Disposal Account established by section 206(a) of the
Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)).
SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CERTAIN LANDS IN
RENO, NEVADA.
(a) Railroad Lands Defined.--For the purposes of this section, the
term ``railroad lands'' means those lands within the City of Reno,
Nevada, located within portions of sections 10, 11, and 12 of T.19 N.,
R. 19 E., and portions of section 7 of T.19 N., R. 20 E., Mount Diablo
Meridian, Nevada, that were originally granted to the Union Pacific
Railroad under the provisions of the Act of July 1, 1862, commonly known
as the Union Pacific Railroad Act.
(b) Release of Reversionary Interest.--Any reversionary interests of
the United States (including interests under the Act of July 1, 1862,
commonly known as the Union Pacific Railroad Act) in and to the railroad
lands as defined in subsection (a) of this section are hereby released.
SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE TUOLUMNE
RANCHERIA.
(a) In General.--
(1) Federal lands.--Subject to valid existing rights, all
right, title, and interest (including improvements and
appurtenances) of the United States in and to the Federal lands
described in subsection (b), the Federal lands shall be declared
to be held in trust by the United States for the benefit of the
Tribe for nongaming purposes, and shall be subject to the same
terms and conditions as those lands described in the California
Indian Land Transfer Act (Public Law 106-568; 114 Stat. 2921).
(2) Trust lands.--Lands described in subsection (c) of this
section that are taken or to be taken in trust by the United
States for the benefit of the Tribe shall be subject to
subsection (c) of section 903 of the California Indian Land
Transfer Act (Public Law 106-568; 114 Stat. 2921).
(b) Federal Lands Described.--The Federal lands described in this
subsection, comprising approximately 66 acres, are as follows:
(1) Township 1 North, Range 16 East, Section 6, Lots 10 and
12, MDM, containing 50.24 acres more or less.
(2) Township 1 North, Range 16 East, Section 5, Lot 16, MDM,
containing 15.35 acres more or less.
(3) Township 2 North, Range 16 East, Section 32, Indian
Cemetery Reservation within Lot 22, MDM, containing 0.4 acres
more or less.
(c) Trust Lands Described.--The trust lands described in this
subsection, comprising approximately 357 acres, are commonly referred to
as follows:
(1) Thomas property, pending trust acquisition, 104.50
acres.
(2) Coenenburg property, pending trust acquisition, 192.70
acres, subject to existing easements of record, including but
not limited to a non-exclusive easement for ingress and egress
for the benefit of adjoining property as conveyed by Easement
Deed recorded July 13, 1984, in Volume 755, Pages 189 to
[[Page 123 STAT. 1126]]
192, and as further defined by Stipulation and Judgment entered
by Tuolumne County Superior Court on September 2, 1983, and
recorded June 4, 1984, in Volume 751, Pages 61 to 67.
(3) Assessor Parcel No. 620505300, 1.5 acres, trust land.
(4) Assessor Parcel No. 620505400, 19.23 acres, trust land.
(5) Assessor Parcel No. 620505600, 3.46 acres, trust land.
(6) Assessor Parcel No. 620505700, 7.44 acres, trust land.
(7) Assessor Parcel No. 620401700, 0.8 acres, trust land.
(8) A portion of Assessor Parcel No. 620500200, 2.5 acres,
trust land.
(9) Assessor Parcel No. 620506200, 24.87 acres, trust land.
(d) Survey.--As soon as practicable after the date of the enactment
of this Act, the Office of Cadastral Survey of the Bureau of Land
Management shall complete fieldwork required for a survey of the lands
described in subsections (b) and (c) for the purpose of incorporating
those lands within the boundaries of the Tuolumne Rancheria.
Not <<NOTE: Deadline.>> later than 90 days after that fieldwork is
completed, that office shall complete the survey.
(e) Legal Descriptions.--
(1) <<NOTE: Federal Register, publication.>> Publication.--
On approval by the Community Council of the Tribe of the survey
completed under subsection (d), the Secretary of the Interior
shall publish in the Federal Register--
(A) a legal description of the new boundary lines of
the Tuolumne Rancheria; and
(B) a legal description of the land surveyed under
subsection (d).
(2) <<NOTE: Effective date.>> Effect.--Beginning on the
date on which the legal descriptions are published under
paragraph (1), such legal descriptions shall be the official
legal descriptions of those boundary lines of the Tuolumne
Rancheria and the lands surveyed.
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A--Watershed Restoration and Enhancement
SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.
Section 323 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1011 note; Public Law 105-277), is
amended--
(1) in subsection (a), by striking ``each of fiscal years
2006 through 2011'' and inserting ``fiscal year 2006 and each
fiscal year thereafter'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Applicable Law.--Chapter 63 of title 31, United States Code,
shall not apply to--
``(1) a watershed restoration and enhancement agreement
entered into under this section; or
[[Page 123 STAT. 1127]]
``(2) an agreement entered into under the first section of
Public Law 94-148 (16 U.S.C. 565a-1).''.
Subtitle B--Wildland Firefighter Safety
SEC. 3101. <<NOTE: 16 USC 551d.>> WILDLAND FIREFIGHTER SAFETY.
(a) Definitions.--In this section:
(1) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior, acting through
the Directors of the Bureau of Land Management, the
United States Fish and Wildlife Service, the National
Park Service, and the Bureau of Indian Affairs; and
(B) the Secretary of Agriculture, acting through the
Chief of the Forest Service.
(2) Wildland firefighter.--The term ``wildland firefighter''
means any person who participates in wildland firefighting
activities--
(A) under the direction of either of the
Secretaries; or
(B) under a contract or compact with a federally
recognized Indian tribe.
(b) Annual Report to Congress.--
(1) In general.--The Secretaries shall jointly submit to
Congress an annual report on the wildland firefighter safety
practices of the Secretaries, including training programs and
activities for wildland fire suppression, prescribed burning,
and wildland fire use, during the preceding calendar year.
(2) Timeline.--Each report under paragraph (1) shall--
(A) be submitted by not later than March of the year
following the calendar year covered by the report; and
(B) include--
(i) a description of, and any changes to,
wildland firefighter safety practices, including
training programs and activities for wildland fire
suppression, prescribed burning, and wildland fire
use;
(ii) statistics and trend analyses;
(iii) an estimate of the amount of Federal
funds expended by the Secretaries on wildland
firefighter safety practices, including training
programs and activities for wildland fire
suppression, prescribed burning, and wildland fire
use;
(iv) progress made in implementing
recommendations from the Inspector General, the
Government Accountability Office, the Occupational
Safety and Health Administration, or an agency
report relating to a wildland firefighting
fatality issued during the preceding 10 years; and
(v) a description of--
(I) the provisions relating to
wildland firefighter safety practices in
any Federal contract or other agreement
governing the provision of wildland
firefighters by a non-Federal entity;
(II) a summary of any actions taken
by the Secretaries to ensure that the
provisions relating to safety practices,
including training, are complied with by
the non-Federal entity; and
[[Page 123 STAT. 1128]]
(III) the results of those actions.
Subtitle C--Wyoming Range
SEC. 3201. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Wyoming range withdrawal area.--The term ``Wyoming Range
Withdrawal Area'' means all National Forest System land and
federally owned minerals located within the boundaries of the
Bridger-Teton National Forest identified on the map entitled
``Wyoming Range Withdrawal Area'' and dated October 17, 2007, on
file with the Office of the Chief of the Forest Service and the
Office of the Supervisor of the Bridger-Teton National Forest.
SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE.
(a) Withdrawal.--Except as provided in subsection (f), subject to
valid existing rights as of the date of enactment of this Act and the
provisions of this subtitle, land in the Wyoming Range Withdrawal Area
is withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
(b) Existing Rights.--If any right referred to in subsection (a) is
relinquished or otherwise acquired by the United States (including
through donation under section 3203) after the date of enactment of this
Act, the land subject to that right shall be withdrawn in accordance
with this section.
(c) Buffers.--Nothing in this section requires--
(1) the creation of a protective perimeter or buffer area
outside the boundaries of the Wyoming Range Withdrawal Area; or
(2) any prohibition on activities outside of the boundaries
of the Wyoming Range Withdrawal Area that can be seen or heard
from within the boundaries of the Wyoming Range Withdrawal Area.
(d) <<NOTE: Applicability.>> Land and Resource Management Plan.--
(1) In general.--Subject to paragraph (2), the Bridger-Teton
National Land and Resource Management Plan (including any
revisions to the Plan) shall apply to any land within the
Wyoming Range Withdrawal Area.
(2) Conflicts.--If there is a conflict between this subtitle
and the Bridger-Teton National Land and Resource Management
Plan, this subtitle shall apply.
(e) Prior Lease Sales.--Nothing in this section prohibits the
Secretary from taking any action necessary to issue, deny, remove the
suspension of, or cancel a lease, or any sold lease parcel that has not
been issued, pursuant to any lease sale conducted prior to the date of
enactment of this Act, including the completion of any requirements
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
[[Page 123 STAT. 1129]]
(f) Exception.--Notwithstanding the withdrawal in subsection (a),
the Secretary may lease oil and gas resources in the Wyoming Range
Withdrawal Area that are within 1 mile of the boundary of the Wyoming
Range Withdrawal Area in accordance with the Mineral Leasing Act (30
U.S.C. 181 et seq.) and subject to the following conditions:
(1) The lease may only be accessed by directional drilling
from a lease held by production on the date of enactment of this
Act on National Forest System land that is adjacent to, and
outside of, the Wyoming Range Withdrawal Area.
(2) The lease shall prohibit, without exception or waiver,
surface occupancy and surface disturbance for any activities,
including activities related to exploration, development, or
production.
(3) The directional drilling may extend no further than 1
mile inside the boundary of the Wyoming Range Withdrawal Area.
SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EXISTING MINING OR
LEASING RIGHTS IN THE WYOMING RANGE.
(a) <<NOTE: Deadline.>> Notification of Leaseholders.--Not later
than 120 days after the date of enactment of this Act, the Secretary
shall provide notice to holders of valid existing mining or leasing
rights within the Wyoming Range Withdrawal Area of the potential
opportunity for repurchase of those rights and retirement under this
section.
(b) Request for Lease Retirement.--
(1) In general.--A holder of a valid existing mining or
leasing right within the Wyoming Range Withdrawal Area may
submit a written notice to the Secretary of the interest of the
holder in the retirement and repurchase of that right.
(2) List of interested holders.--The Secretary shall prepare
a list of interested holders and make the list available to any
non-Federal entity or person interested in acquiring that right
for retirement by the Secretary.
(c) Prohibition.--The Secretary may not use any Federal funds to
purchase any right referred to in subsection (a).
(d) Donation Authority.--The Secretary shall--
(1) accept the donation of any valid existing mining or
leasing right in the Wyoming Range Withdrawal Area from the
holder of that right or from any non-Federal entity or person
that acquires that right; and
(2) on acceptance, cancel that right.
(e) Relationship to Other Authority.--Nothing in this subtitle
affects any authority the Secretary may otherwise have to modify,
suspend, or terminate a lease without compensation, or to recognize the
transfer of a valid existing mining or leasing right, if otherwise
authorized by law.
Subtitle D--Land Conveyances and Exchanges
SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, ALASKA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Coffman Cove,
Alaska.
[[Page 123 STAT. 1130]]
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Conveyance.--
(1) In general.--Subject to valid existing rights, the
Secretary shall convey to the City, without consideration and by
quitclaim deed all right, title, and interest of the United
States, except as provided in paragraphs (3) and (4), in and to
the parcel of National Forest System land described in paragraph
(2).
(2) Description of land.--
(A) In general.--The parcel of National Forest
System land referred to in paragraph (1) is the
approximately 12 acres of land identified in U.S. Survey
10099, as depicted on the plat entitled ``Subdivision of
U.S. Survey No. 10099'' and recorded as Plat 2003-1 on
January 21, 2003, Petersburg Recording District, Alaska.
(B) Excluded land.--The parcel of National Forest
System land conveyed under paragraph (1) does not
include the portion of U.S. Survey 10099 that is north
of the right-of-way for Forest Development Road 3030-295
and southeast of Tract CC-8.
(3) Right-of-way.--The United States may reserve a right-of-
way to provide access to the National Forest System land
excluded from the conveyance to the City under paragraph (2)(B).
(4) Reversion.--If any portion of the land conveyed under
paragraph (1) (other than a portion of land sold under paragraph
(5)) ceases to be used for public purposes, the land shall, at
the option of the Secretary, revert to the United States.
(5) Conditions on subsequent conveyances.--If the City sells
any portion of the land conveyed to the City under paragraph
(1)--
(A) <<NOTE: Appraisal.>> the amount of
consideration for the sale shall reflect fair market
value, as determined by an appraisal; and
(B) <<NOTE: Payments.>> the City shall pay to the
Secretary an amount equal to the gross proceeds of the
sale, which shall be available, without further
appropriation, for the Tongass National Forest.
SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST LAND CONVEYANCE,
MONTANA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Jefferson County,
Montana.
(2) Map.--The term ``map'' means the map that is--
(A) entitled ``Elkhorn Cemetery'';
(B) dated May 9, 2005; and
(C) on file in the office of the Beaverhead-
Deerlodge National Forest Supervisor.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Conveyance to Jefferson County, Montana.--
(1) <<NOTE: Deadline.>> Conveyance.--Not later than 180
days after the date of enactment of this Act and subject to
valid existing rights, the Secretary (acting through the
Regional Forester, Northern Region, Missoula, Montana) shall
convey by quitclaim deed
[[Page 123 STAT. 1131]]
to the County for no consideration, all right, title, and
interest of the United States, except as provided in paragraph
(5), in and to the parcel of land described in paragraph (2).
(2) Description of land.--The parcel of land referred to in
paragraph (1) is the parcel of approximately 9.67 acres of
National Forest System land (including any improvements to the
land) in the County that is known as the ``Elkhorn Cemetery'',
as generally depicted on the map.
(3) Use of land.--As a condition of the conveyance under
paragraph (1), the County shall--
(A) use the land described in paragraph (2) as a
County cemetery; and
(B) agree to manage the cemetery with due
consideration and protection for the historic and
cultural values of the cemetery, under such terms and
conditions as are agreed to by the Secretary and the
County.
(4) Easement.--In conveying the land to the County under
paragraph (1), the Secretary, in accordance with applicable law,
shall grant to the County an easement across certain National
Forest System land, as generally depicted on the map, to provide
access to the land conveyed under that paragraph.
(5) Reversion.--In the quitclaim deed to the County, the
Secretary shall provide that the land conveyed to the County
under paragraph (1) shall revert to the Secretary, at the
election of the Secretary, if the land is--
(A) used for a purpose other than the purposes
described in paragraph (3)(A); or
(B) managed by the County in a manner that is
inconsistent with paragraph (3)(B).
SEC. 3303. <<NOTE: New Mexico.>> SANTA FE NATIONAL FOREST; PECOS
NATIONAL HISTORICAL PARK LAND EXCHANGE.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 160 acres of Federal land within the Santa Fe
National Forest in the State, as depicted on the map.
(2) Landowner.--The term ``landowner'' means the 1 or more
owners of the non-Federal land.
(3) Map.--The term ``map'' means the map entitled ``Proposed
Land Exchange for Pecos National Historical Park'', numbered
430/80,054, dated November 19, 1999, and revised September 18,
2000.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 154 acres of non-Federal land in the Park, as
depicted on the map.
(5) Park.--The term ``Park'' means the Pecos National
Historical Park in the State.
(6) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(7) State.--The term ``State'' means the State of New
Mexico.
(b) Land Exchange.--
(1) In general.--If the Secretary of the Interior accepts
the non-Federal land, title to which is acceptable to the
Secretary of the Interior, the Secretary of Agriculture shall,
subject
[[Page 123 STAT. 1132]]
to the conditions of this section and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), convey to the
landowner the Federal land.
(2) Easement.--
(A) In general.--As a condition of the conveyance of
the non-Federal land, the landowner may reserve an
easement (including an easement for service access) for
water pipelines to 2 well sites located in the Park, as
generally depicted on the map.
(B) Route.--The Secretary of the Interior and the
landowner shall determine the appropriate route of the
easement through the non-Federal land.
(C) Terms and conditions.--The easement shall
include such terms and conditions relating to the use
of, and access to, the well sites and pipeline, as the
Secretary of the Interior and the landowner determine to
be appropriate.
(D) Applicable law.--The easement shall be
established, operated, and maintained in compliance with
applicable Federal, State, and local laws.
(3) Valuation, appraisals, and equalization.--
(A) In general.--The value of the Federal land and
non-Federal land--
(i) shall be equal, as determined by
appraisals conducted in accordance with
subparagraph (B); or
(ii) if the value is not equal, shall be
equalized in accordance with subparagraph (C).
(B) Appraisals.--
(i) In general.--The Federal land and non-
Federal land shall be appraised by an independent
appraiser selected by the Secretaries.
(ii) Requirements.--An appraisal conducted
under clause (i) shall be conducted in accordance
with--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(II) the Uniform Standards of
Professional Appraisal Practice.
(iii) Approval.--The appraisals conducted
under this subparagraph shall be submitted to the
Secretaries for approval.
(C) Equalization of values.--
(i) In general.--If the values of the non-
Federal land and the Federal land are not equal,
the values may be equalized in accordance with
section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716).
(ii) Cash equalization payments.--Any amounts
received by the Secretary of Agriculture as a cash
equalization payment under section 206(b) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)) shall--
(I) be deposited in the fund
established by Public Law 90-171
(commonly known as the ``Sisk Act'') (16
U.S.C. 484a); and
[[Page 123 STAT. 1133]]
(II) be available for expenditure,
without further appropriation, for the
acquisition of land and interests in
land in the State.
(4) <<NOTE: Contracts.>> Costs.--Before the completion of
the exchange under this subsection, the Secretaries and the
landowner shall enter into an agreement that allocates the costs
of the exchange among the Secretaries and the landowner.
(5) Applicable law.--Except as otherwise provided in this
section, the exchange of land and interests in land under this
section shall be in accordance with--
(A) section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716); and
(B) other applicable Federal, State, and local laws.
(6) Additional terms and conditions.--The Secretaries may
require, in addition to any requirements under this section,
such terms and conditions relating to the exchange of Federal
land and non-Federal land and the granting of easements under
this section as the Secretaries determine to be appropriate to
protect the interests of the United States.
(7) Completion of the exchange.--
(A) <<NOTE: Deadline.>> In general.--The exchange
of Federal land and non-Federal land shall be completed
not later than 180 days after the later of--
(i) the date on which the requirements of the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) have been met;
(ii) the date on which the Secretary of the
Interior approves the appraisals under paragraph
(3)(B)(iii); or
(iii) the date on which the Secretaries and
the landowner agree on the costs of the exchange
and any other terms and conditions of the exchange
under this subsection.
(B) Notice.--The Secretaries shall submit to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of
Representatives notice of the completion of the exchange
of Federal land and non-Federal land under this
subsection.
(c) Administration.--
(1) In general.--The Secretary of the Interior shall
administer the non-Federal land acquired under this section in
accordance with the laws generally applicable to units of the
National Park System, including the Act of August 25, 1916
(commonly known as the ``National Park Service Organic Act'')
(16 U.S.C. 1 et seq.).
(2) Maps.--
(A) In general.--The map shall be on file and
available for public inspection in the appropriate
offices of the Secretaries.
(B) <<NOTE: Deadline.>> Transmittal of revised map
to congress.--Not later than 180 days after completion
of the exchange, the Secretaries shall transmit to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of
Representatives a revised map that depicts--
(i) the Federal land and non-Federal land
exchanged under this section; and
[[Page 123 STAT. 1134]]
(ii) the easement described in subsection
(b)(2).
SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEYANCE, NEW MEXICO.
(a) Definitions.--In this section:
(1) Claim.--The term ``Claim'' means a claim of the
Claimants to any right, title, or interest in any land located
in lot 10, sec. 22, T. 18 N., R. 12 E., New Mexico Principal
Meridian, San Miguel County, New Mexico, except as provided in
subsection (b)(1).
(2) Claimants.--The term ``Claimants'' means Ramona Lawson
and Boyd Lawson.
(3) Federal land.--The term ``Federal land'' means a parcel
of National Forest System land in the Santa Fe National Forest,
New Mexico, that is--
(A) comprised of approximately 6.20 acres of land;
and
(B) described and delineated in the survey.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Forest Service Regional
Forester, Southwestern Region.
(5) Survey.--The term ``survey'' means the survey plat
entitled ``Boundary Survey and Conservation Easement Plat'',
prepared by Chris A. Chavez, Land Surveyor, Forest Service,
NMPLS#12793, and recorded on February 27, 2007, at book 55, page
93, of the land records of San Miguel County, New Mexico.
(b) Santa Fe National Forest Land Conveyance.--
(1) In general.--The Secretary shall, except as provided in
subparagraph (A) and subject to valid existing rights, convey
and quitclaim to the Claimants all right, title, and interest of
the United States in and to the Federal land in exchange for--
(A) the grant by the Claimants to the United States
of a scenic easement to the Federal land that--
(i) protects the purposes for which the
Federal land was designated under the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.); and
(ii) is determined to be acceptable by the
Secretary; and
(B) a release of the United States by the Claimants
of--
(i) the Claim; and
(ii) any additional related claims of the
Claimants against the United States.
(2) Survey.--The Secretary, with the approval of the
Claimants, may make minor corrections to the survey and legal
description of the Federal land to correct clerical,
typographical, and surveying errors.
(3) Satisfaction of claim.--The conveyance of Federal land
under paragraph (1) shall constitute a full satisfaction of the
Claim.
SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEYANCE.
(a) Conveyance Required.--The Secretary of Agriculture shall convey,
without consideration, to the King and Kittitas Counties Fire District
#51 of King and Kittitas Counties, Washington (in this section referred
to as the ``District''), all right, title, and interest of the United
States in and to a parcel of National Forest System
[[Page 123 STAT. 1135]]
land in Kittitas County, Washington, consisting of approximately 1.5
acres within the SW\1/4\ of the SE\1/4\ of section 4, township 22 north,
range 11 east, Willamette meridian, for the purpose of permitting the
District to use the parcel as a site for a new Snoqualmie Pass fire and
rescue station.
(b) Reversionary Interest.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the property shall
revert, at the option of the Secretary, to the United States, and the
United States shall have the right of immediate entry onto the property.
Any determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(c) Survey.--If necessary, the exact acreage and legal description
of the lands to be conveyed under subsection (a) shall be determined by
a survey satisfactory to the Secretary. The cost of a survey shall be
borne by the District.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRICTIONS.
Notwithstanding Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a), the approximately 36.25 acres patented to the
Mammoth County Water District (now known as the ``Mammoth Community
Water District'') by Patent No. 04-87-0038, on June 26, 1987, and
recorded in volume 482, at page 516, of the official records of the
Recorder's Office, Mono County, California, may be used for any public
purpose.
SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Bountiful,
Utah.
(2) Federal land.--The term ``Federal land'' means the land
under the jurisdiction of the Secretary identified on the map as
``Shooting Range Special Use Permit Area''.
(3) Map.--The term ``map'' means the map entitled
``Bountiful City Land Consolidation Act'' and dated October 15,
2007.
(4) Non-federal land.--The term ``non-Federal land'' means
the 3 parcels of City land comprising a total of approximately
1,680 acres, as generally depicted on the map.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Exchange.--Subject to subsections (d) through (h), if the City
conveys to the Secretary all right, title, and interest of the City in
and to the non-Federal land, the Secretary shall convey to the City all
right, title, and interest of the United States in and to the Federal
land.
(c) Availability of Map.--The map shall be on file and available for
public inspection in the appropriate offices of the Forest Service.
(d) Valuation and Equalization.--
[[Page 123 STAT. 1136]]
(1) Valuation.--The value of the Federal land and the non-
Federal land to be conveyed under subsection (b)--
(A) shall be equal, as determined by appraisals
carried out in accordance with section 206 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716); or
(B) if not equal, shall be equalized in accordance
with paragraph (2).
(2) Equalization.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(A) making a cash equalization payment to the
Secretary or to the City, as appropriate; or
(B) reducing the acreage of the Federal land or the
non-Federal land to be exchanged, as appropriate.
(e) Applicable Law.--Section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716) shall apply to the land exchange
authorized under subsection (b), except that the Secretary may accept a
cash equalization payment in excess of 25 percent of the value of the
Federal land.
(f) Conditions.--
(1) Liability.--
(A) In general.--As a condition of the exchange
under subsection (b), the Secretary shall--
(i) require that the City--
(I) assume all liability for the
shooting range located on the Federal
land, including the past, present, and
future condition of the Federal land;
and
(II) hold the United States harmless
for any liability for the condition of
the Federal land; and
(ii) comply with the hazardous substances
disclosure requirements of section 120(h) of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)).
(B) Limitation.--Clauses (ii) and (iii) of section
120(h)(3)(A) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.
9620(h)(3)(A)) shall not apply to the conveyance of
Federal land under subsection (b).
(2) Additional terms and conditions.--The land exchange
under subsection (b) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the
Secretary may require.
(g) Management of Acquired Land.--The non-Federal land acquired by
the Secretary under subsection (b) shall be--
(1) added to, and administered as part of, the Wasatch-Cache
National Forest; and
(2) managed by the Secretary in accordance with--
(A) the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to
the National Forest System.
(h) Easements; Rights-of-Way.--
(1) Bonneville shoreline trail easement.--In carrying out
the land exchange under subsection (b), the Secretary shall
[[Page 123 STAT. 1137]]
ensure that an easement not less than 60 feet in width is
reserved for the Bonneville Shoreline Trail.
(2) Other rights-of-way.--The Secretary and the City may
reserve any other rights-of-way for utilities, roads, and trails
that--
(A) are mutually agreed to by the Secretary and the
City; and
(B) the Secretary and the City consider to be in the
public interest.
(i) Disposal of Remaining Federal Land.--
(1) In general.--The Secretary may, by sale or exchange,
dispose of all, or a portion of, the parcel of National Forest
System land comprising approximately 220 acres, as generally
depicted on the map that remains after the conveyance of the
Federal land authorized under subsection (b), if the Secretary
determines, in accordance with paragraph (2), that the land or
portion of the land is in excess of the needs of the National
Forest System.
(2) Requirements.--A determination under paragraph (1) shall
be made--
(A) pursuant to an amendment of the land and
resource management plan for the Wasatch-Cache National
Forest; and
(B) after carrying out a public process consistent
with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(3) <<NOTE: Payments.>> Consideration.--As consideration
for any conveyance of Federal land under paragraph (1), the
Secretary shall require payment of an amount equal to not less
than the fair market value of the conveyed National Forest
System land.
(4) Relation to other laws.--Any conveyance of Federal land
under paragraph (1) by exchange shall be subject to section 206
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(5) Disposition of proceeds.--Any amounts received by the
Secretary as consideration under subsection (d) or paragraph (3)
shall be--
(A) deposited in the fund established under Public
Law 90-171 (commonly known as the ``Sisk Act'') (16
U.S.C. 484a); and
(B) available to the Secretary, without further
appropriation and until expended, for the acquisition of
land or interests in land to be included in the Wasatch-
Cache National Forest.
(6) Additional terms and conditions.--Any conveyance of
Federal land under paragraph (1) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the
Secretary may require.
SEC. 3308. <<NOTE: Idaho. 16 USC 1132 note.>> BOUNDARY
ADJUSTMENT, FRANK CHURCH RIVER OF NO
RETURN WILDERNESS.
(a) Purposes.--The purposes of this section are--
(1) to adjust the boundaries of the wilderness area; and
(2) to authorize the Secretary to sell the land designated
for removal from the wilderness area due to encroachment.
(b) Definitions.--In this section:
[[Page 123 STAT. 1138]]
(1) Land designated for exclusion.--The term ``land
designated for exclusion'' means the parcel of land that is--
(A) comprised of approximately 10.2 acres of land;
(B) generally depicted on the survey plat entitled
``Proposed Boundary Change FCRONRW Sections 15
(unsurveyed) Township 14 North, Range 13 East, B.M.,
Custer County, Idaho'' and dated November 14, 2001; and
(C) more particularly described in the survey plat
and legal description on file in--
(i) the office of the Chief of the Forest
Service, Washington, DC; and
(ii) the office of the Intermountain Regional
Forester, Ogden, Utah.
(2) Land designated for inclusion.--The term ``land
designated for inclusion'' means the parcel of National Forest
System land that is--
(A) comprised of approximately 10.2 acres of land;
(B) located in unsurveyed section 22, T. 14 N., R.
13 E., Boise Meridian, Custer County, Idaho;
(C) generally depicted on the map entitled ``Challis
National Forest, T.14 N., R. 13 E., B.M., Custer County,
Idaho, Proposed Boundary Change FCRONRW'' and dated
September 19, 2007; and
(D) more particularly described on the map and legal
description on file in--
(i) the office of the Chief of the Forest
Service, Washington, DC; and
(ii) the Intermountain Regional Forester,
Ogden, Utah.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Wilderness area.--The term ``wilderness area'' means the
Frank Church River of No Return Wilderness designated by section
3 of the Central Idaho Wilderness Act of 1980 (16 U.S.C. 1132
note; 94 Stat. 948).
(c) Boundary Adjustment.--
(1) Adjustment to wilderness area.--
(A) Inclusion.--The wilderness area shall include
the land designated for inclusion.
(B) Exclusion.--The wilderness area shall not
include the land designated for exclusion.
(2) Corrections to legal descriptions.--The Secretary may
make corrections to the legal descriptions.
(d) Conveyance of Land Designated for Exclusion.--
(1) In general.--Subject to paragraph (2), to resolve the
encroachment on the land designated for exclusion, the Secretary
may sell for consideration in an amount equal to fair market
value--
(A) the land designated for exclusion; and
(B) as the Secretary determines to be necessary, not
more than 10 acres of land adjacent to the land
designated for exclusion.
(2) Conditions.--The sale of land under paragraph (1) shall
be subject to the conditions that--
(A) the land to be conveyed be appraised in
accordance with the Uniform Appraisal Standards for
Federal Land Acquisitions;
[[Page 123 STAT. 1139]]
(B) <<NOTE: Payments.>> the person buying the land
shall pay--
(i) the costs associated with appraising and,
if the land needs to be resurveyed, resurveying
the land; and
(ii) any analyses and closing costs associated
with the conveyance;
(C) for management purposes, the Secretary may
reconfigure the description of the land for sale; and
(D) the owner of the adjacent private land shall
have the first opportunity to buy the land.
(3) Disposition of proceeds.--
(A) In general.--The Secretary shall deposit the
cash proceeds from a sale of land under paragraph (1) in
the fund established under Public Law 90-171 (commonly
known as the ``Sisk Act'') (16 U.S.C. 484a).
(B) Availability and use.--Amounts deposited under
subparagraph (A)--
(i) shall remain available until expended for
the acquisition of land for National Forest
purposes in the State of Idaho; and
(ii) shall not be subject to transfer or
reprogramming for--
(I) wildland fire management; or
(II) any other emergency purposes.
SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMENDMENT.
Section 413(b) of the T'uf Shur Bien Preservation Trust Area Act (16
U.S.C. 539m-11) is amended--
(1) in paragraph (1), by inserting ``3,'' after
``sections''; and
(2) in the first sentence of paragraph (4), by inserting ``,
as a condition of the conveyance,'' before ``remain''.
Subtitle E--Colorado Northern Front Range Study
SEC. 3401. PURPOSE.
The purpose of this subtitle is to identify options that may be
available to assist in maintaining the open space characteristics of
land that is part of the mountain backdrop of communities in the
northern section of the Front Range area of Colorado.
SEC. 3402. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(2) State.--The term ``State'' means the State of Colorado.
(3) Study area.--
(A) In general.--The term ``study area'' means the
land in southern Boulder, northern Jefferson, and
northern Gilpin Counties, Colorado, that is located west
of Colorado State Highway 93, south and east of Colorado
State Highway 119, and north of Colorado State Highway
46, as generally depicted on the map entitled ``Colorado
Northern Front Range Mountain Backdrop Protection Study
Act: Study Area'' and dated August 27, 2008.
[[Page 123 STAT. 1140]]
(B) Exclusions.--The term ``study area'' does not
include land within the city limits of the cities of
Arvada, Boulder, or Golden, Colorado.
(4) Undeveloped land.--The term ``undeveloped land'' means
land--
(A) that is located within the study area;
(B) that is free or primarily free of structures;
and
(C) the development of which is likely to affect
adversely the scenic, wildlife, or recreational value of
the study area.
SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP STUDY.
(a) Study; Report.--Not later than 1 year after the date of
enactment of this Act and except as provided in subsection (c), the
Secretary shall--
(1) conduct a study of the land within the study area; and
(2) complete a report that--
(A) identifies the present ownership of the land
within the study area;
(B) identifies any undeveloped land that may be at
risk of development; and
(C) describes any actions that could be taken by the
United States, the State, a political subdivision of the
State, or any other parties to preserve the open and
undeveloped character of the land within the study area.
(b) Requirements.--The Secretary shall conduct the study and develop
the report under subsection (a) with the support and participation of 1
or more of the following State and local entities:
(1) The Colorado Department of Natural Resources.
(2) Colorado State Forest Service.
(3) Colorado State Conservation Board.
(4) Great Outdoors Colorado.
(5) Boulder, Jefferson, and Gilpin Counties, Colorado.
(c) Limitation.--If the State and local entities specified in
subsection (b) do not support and participate in the conduct of the
study and the development of the report under this section, the
Secretary may--
(1) decrease the area covered by the study area, as
appropriate; or
(2)(A) opt not to conduct the study or develop the report;
and
(B) <<NOTE: Notice.>> submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives notice of the decision
not to conduct the study or develop the report.
(d) Effect.--Nothing in this subtitle authorizes the Secretary to
take any action that would affect the use of any land not owned by the
United States.
[[Page 123 STAT. 1141]]
TITLE IV--FOREST LANDSCAPE RESTORATION
SEC. 4001. <<NOTE: 16 USC 7301.>> PURPOSE.
The purpose of this title is to encourage the collaborative,
science-based ecosystem restoration of priority forest landscapes
through a process that--
(1) encourages ecological, economic, and social
sustainability;
(2) leverages local resources with national and private
resources;
(3) facilitates the reduction of wildfire management costs,
including through reestablishing natural fire regimes and
reducing the risk of uncharacteristic wildfire; and
(4) demonstrates the degree to which--
(A) various ecological restoration techniques--
(i) achieve ecological and watershed health
objectives; and
(ii) affect wildfire activity and management
costs; and
(B) the use of forest restoration byproducts can
offset treatment costs while benefitting local rural
economies and improving forest health.
SEC. 4002. <<NOTE: 16 USC 7302.>> DEFINITIONS.
In this title:
(1) Fund.--The term ``Fund'' means the Collaborative Forest
Landscape Restoration Fund established by section 4003(f).
(2) Program.--The term ``program'' means the Collaborative
Forest Landscape Restoration Program established under section
4003(a).
(3) Proposal.--The term ``proposal'' means a collaborative
forest landscape restoration proposal described in section
4003(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(5) Strategy.--The term ``strategy'' means a landscape
restoration strategy described in section 4003(b)(1).
SEC. 4003. <<NOTE: 16 USC 7303.>> COLLABORATIVE FOREST LANDSCAPE
RESTORATION PROGRAM.
(a) In General.--The Secretary, in consultation with the Secretary
of the Interior, shall establish a Collaborative Forest Landscape
Restoration Program to select and fund ecological restoration treatments
for priority forest landscapes in accordance with--
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(2) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(3) any other applicable law.
(b) Eligibility Criteria.--To be eligible for nomination under
subsection (c), a collaborative forest landscape restoration proposal
shall--
(1) be based on a landscape restoration strategy that--
(A) is complete or substantially complete;
[[Page 123 STAT. 1142]]
(B) identifies and prioritizes ecological
restoration treatments for a 10-year period within a
landscape that is--
(i) at least 50,000 acres;
(ii) comprised primarily of forested National
Forest System land, but may also include land
under the jurisdiction of the Bureau of Land
Management, land under the jurisdiction of the
Bureau of Indian Affairs, or other Federal, State,
tribal, or private land;
(iii) in need of active ecosystem restoration;
and
(iv) accessible by existing or proposed wood-
processing infrastructure at an appropriate scale
to use woody biomass and small-diameter wood
removed in ecological restoration treatments;
(C) incorporates the best available science and
scientific application tools in ecological restoration
strategies;
(D) fully maintains, or contributes toward the
restoration of, the structure and composition of old
growth stands according to the pre-fire suppression old
growth conditions characteristic of the forest type,
taking into account the contribution of the stand to
landscape fire adaptation and watershed health and
retaining the large trees contributing to old growth
structure;
(E) would carry out any forest restoration
treatments that reduce hazardous fuels by--
(i) focusing on small diameter trees,
thinning, strategic fuel breaks, and fire use to
modify fire behavior, as measured by the projected
reduction of uncharacteristically severe wildfire
effects for the forest type (such as adverse soil
impacts, tree mortality or other impacts); and
(ii) maximizing the retention of large trees,
as appropriate for the forest type, to the extent
that the trees promote fire-resilient stands; and
(F)(i) does not include the establishment of
permanent roads; and
(ii) would commit funding to decommission all
temporary roads constructed to carry out the strategy;
(2) be developed and implemented through a collaborative
process that--
(A) includes multiple interested persons
representing diverse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource advisory
committee under subsections (c) through (f) of section
205 of Public Law 106-393 (16 U.S.C. 500 note);
(3) describe plans to--
(A) reduce the risk of uncharacteristic wildfire,
including through the use of fire for ecological
restoration and maintenance and reestablishing natural
fire regimes, where appropriate;
(B) improve fish and wildlife habitat, including for
endangered, threatened, and sensitive species;
(C) maintain or improve water quality and watershed
function;
(D) prevent, remediate, or control invasions of
exotic species;
[[Page 123 STAT. 1143]]
(E) maintain, decommission, and rehabilitate roads
and trails;
(F) use woody biomass and small-diameter trees
produced from projects implementing the strategy;
(G) report annually on performance, including
through performance measures from the plan entitled the
``10 Year Comprehensive Strategy Implementation Plan''
and dated December 2006; and
(H) take into account any applicable community
wildfire protection plan;
(4) analyze any anticipated cost savings, including those
resulting from--
(A) reduced wildfire management costs; and
(B) a decrease in the unit costs of implementing
ecological restoration treatments over time;
(5) estimate--
(A) the annual Federal funding necessary to
implement the proposal; and
(B) the amount of new non-Federal investment for
carrying out the proposal that would be leveraged;
(6) describe the collaborative process through which the
proposal was developed, including a description of--
(A) participation by or consultation with State,
local, and Tribal governments; and
(B) any established record of successful
collaborative planning and implementation of ecological
restoration projects on National Forest System land and
other land included in the proposal by the
collaborators; and
(7) benefit local economies by providing local employment or
training opportunities through contracts, grants, or agreements
for restoration planning, design, implementation, or monitoring
with--
(A) local private, nonprofit, or cooperative
entities;
(B) Youth Conservation Corps crews or related
partnerships, with State, local, and non-profit youth
groups;
(C) existing or proposed small or micro-businesses,
clusters, or incubators; or
(D) other entities that will hire or train local
people to complete such contracts, grants, or
agreements; and
(8) be subject to any other requirements that the Secretary,
in consultation with the Secretary of the Interior, determines
to be necessary for the efficient and effective administration
of the program.
(c) Nomination Process.--
(1) <<NOTE: Proposal.>> Submission.--A proposal shall be
submitted to--
(A) the appropriate Regional Forester; and
(B) if actions under the jurisdiction of the
Secretary of the Interior are proposed, the
appropriate--
(i) State Director of the Bureau of Land
Management;
(ii) Regional Director of the Bureau of Indian
Affairs; or
(iii) other official of the Department of the
Interior.
(2) Nomination.--
(A) In general.--A Regional Forester may nominate
for selection by the Secretary any proposals that meet
the eligibility criteria established by subsection (b).
[[Page 123 STAT. 1144]]
(B) Concurrence.--Any proposal nominated by the
Regional Forester that proposes actions under the
jurisdiction of the Secretary of the Interior shall
include the concurrence of the appropriate--
(i) State Director of the Bureau of Land
Management;
(ii) Regional Director of the Bureau of Indian
Affairs; or
(iii) other official of the Department of the
Interior.
(3) <<NOTE: Plans.>> Documentation.--With respect to each
proposal that is nominated under paragraph (2)--
(A) the appropriate Regional Forester shall--
(i) include a plan to use Federal funds
allocated to the region to fund those costs of
planning and carrying out ecological restoration
treatments on National Forest System land,
consistent with the strategy, that would not be
covered by amounts transferred to the Secretary
from the Fund; and
(ii) provide evidence that amounts proposed to
be transferred to the Secretary from the Fund
during the first 2 fiscal years following
selection would be used to carry out ecological
restoration treatments consistent with the
strategy during the same fiscal year in which the
funds are transferred to the Secretary;
(B) if actions under the jurisdiction of the
Secretary of the Interior are proposed, the nomination
shall include a plan to fund such actions, consistent
with the strategy, by the appropriate--
(i) State Director of the Bureau of Land
Management;
(ii) Regional Director of the Bureau of Indian
Affairs; or
(iii) other official of the Department of the
Interior; and
(C) if actions on land not under the jurisdiction of
the Secretary or the Secretary of the Interior are
proposed, the appropriate Regional Forester shall
provide evidence that the landowner intends to
participate in, and provide appropriate funding to carry
out, the actions.
(d) Selection Process.--
(1) In general.--After consulting with the advisory panel
established under subsection (e), the Secretary, in consultation
with the Secretary of the Interior, shall, subject to paragraph
(2), select the best proposals that--
(A) have been nominated under subsection (c)(2); and
(B) meet the eligibility criteria established by
subsection (b).
(2) Criteria.--In selecting proposals under paragraph (1),
the Secretary shall give special consideration to--
(A) the strength of the proposal and strategy;
(B) the strength of the ecological case of the
proposal and the proposed ecological restoration
strategies;
(C) the strength of the collaborative process and
the likelihood of successful collaboration throughout
implementation;
(D) whether the proposal is likely to achieve
reductions in long-term wildfire management costs;
[[Page 123 STAT. 1145]]
(E) whether the proposal would reduce the relative
costs of carrying out ecological restoration treatments
as a result of the use of woody biomass and small-
diameter trees; and
(F) whether an appropriate level of non-Federal
investment would be leveraged in carrying out the
proposal.
(3) Limitation.--The Secretary may select not more than--
(A) 10 proposals to be funded during any fiscal
year;
(B) 2 proposals in any 1 region of the National
Forest System to be funded during any fiscal year; and
(C) the number of proposals that the Secretary
determines are likely to receive adequate funding.
(e) Advisory Panel.--
(1) <<NOTE: Establishment.>> In general.--The Secretary
shall establish and maintain an advisory panel comprised of not
more than 15 members to evaluate, and provide recommendations
on, each proposal that has been nominated under subsection
(c)(2).
(2) Representation.--The Secretary shall ensure that the
membership of the advisory panel is fairly balanced in terms of
the points of view represented and the functions to be performed
by the advisory panel.
(3) Inclusion.--The advisory panel shall include experts in
ecological restoration, fire ecology, fire management, rural
economic development, strategies for ecological adaptation to
climate change, fish and wildlife ecology, and woody biomass and
small-diameter tree utilization.
(f) Collaborative Forest Landscape Restoration Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Collaborative
Forest Landscape Restoration Fund'', to be used to pay up to 50
percent of the cost of carrying out and monitoring ecological
restoration treatments on National Forest System land for each
proposal selected to be carried out under subsection (d).
(2) Inclusion.--The cost of carrying out ecological
restoration treatments as provided in paragraph (1) may, as the
Secretary determines to be appropriate, include cancellation and
termination costs required to be obligated for contracts to
carry out ecological restoration treatments on National Forest
System land for each proposal selected to be carried out under
subsection (d).
(3) Contents.--The Fund shall consist of such amounts as are
appropriated to the Fund under paragraph (6).
(4) Expenditures from fund.--
(A) In general.--On request by the Secretary, the
Secretary of the Treasury shall transfer from the Fund
to the Secretary such amounts as the Secretary
determines are appropriate, in accordance with paragraph
(1).
(B) Limitation.--The Secretary shall not expend
money from the Fund on any 1 proposal--
(i) during a period of more than 10 fiscal
years; or
(ii) in excess of $4,000,000 in any 1 fiscal
year.
(5) Accounting and reporting system.--The Secretary shall
establish an accounting and reporting system for the Fund.
[[Page 123 STAT. 1146]]
(6) Authorization of appropriations.--There is authorized to
be appropriated to the Fund $40,000,000 for each of fiscal years
2009 through 2019, to remain available until expended.
(g) Program Implementation and Monitoring.--
(1) <<NOTE: Deadline. Budget.>> Work plan.--Not later than
180 days after the date on which a proposal is selected to be
carried out, the Secretary shall create, in collaboration with
the interested persons, an implementation work plan and budget
to implement the proposal that includes--
(A) a description of the manner in which the
proposal would be implemented to achieve ecological and
community economic benefit, including capacity building
to accomplish restoration;
(B) a business plan that addresses--
(i) the anticipated unit treatment cost
reductions over 10 years;
(ii) the anticipated costs for infrastructure
needed for the proposal;
(iii) the projected sustainability of the
supply of woody biomass and small-diameter trees
removed in ecological restoration treatments; and
(iv) the projected local economic benefits of
the proposal;
(C) documentation of the non-Federal investment in
the priority landscape, including the sources and uses
of the investments; and
(D) a plan to decommission any temporary roads
established to carry out the proposal.
(2) Project implementation.--Amounts transferred to the
Secretary from the Fund shall be used to carry out ecological
restoration treatments that are--
(A) consistent with the proposal and strategy; and
(B) identified through the collaborative process
described in subsection (b)(2).
(3) Annual report.--The Secretary, in collaboration with the
Secretary of the Interior and interested persons, shall prepare
an annual report on the accomplishments of each selected
proposal that includes--
(A) a description of all acres (or other appropriate
unit) treated and restored through projects implementing
the strategy;
(B) an evaluation of progress, including performance
measures and how prior year evaluations have contributed
to improved project performance;
(C) a description of community benefits achieved,
including any local economic benefits;
(D) the results of the multiparty monitoring,
evaluation, and accountability process under paragraph
(4); and
(E) a summary of the costs of--
(i) treatments; and
(ii) relevant fire management activities.
(4) Multiparty monitoring.--The Secretary shall, in
collaboration with the Secretary of the Interior and interested
persons, use a multiparty monitoring, evaluation, and
accountability process to assess the positive or negative
ecological, social, and economic effects of projects
implementing a selected
[[Page 123 STAT. 1147]]
proposal for not less than 15 years after project implementation
commences.
(h) Report.--Not later than 5 years after the first fiscal year in
which funding is made available to carry out ecological restoration
projects under the program, and every 5 years thereafter, the Secretary,
in consultation with the Secretary of the Interior, shall submit a
report on the program, including an assessment of whether, and to what
extent, the program is fulfilling the purposes of this title, to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 4004. <<NOTE: 16 USC 7304.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated to the Secretary and the
Secretary of the Interior such sums as are necessary to carry out this
title.
TITLE V--RIVERS AND TRAILS
Subtitle A--Additions to the National Wild and Scenic Rivers System
SEC. 5001. FOSSIL CREEK, ARIZONA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by section 1852) is amended by adding at the end the
following:
``(205) Fossil creek, arizona.--Approximately 16.8 miles of
Fossil Creek from the confluence of Sand Rock and Calf Pen
Canyons to the confluence with the Verde River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The approximately 2.7-mile segment from the
confluence of Sand Rock and Calf Pen Canyons to the
point where the segment exits the Fossil Spring
Wilderness, as a wild river.
``(B) The approximately 7.5-mile segment from where
the segment exits the Fossil Creek Wilderness to the
boundary of the Mazatzal Wilderness, as a recreational
river.
``(C) The 6.6-mile segment from the boundary of the
Mazatzal Wilderness downstream to the confluence with
the Verde River, as a wild river.''.
SEC. 5002. <<NOTE: Craig Thomas Snake Headwaters Legacy Act of
2008. 16 USC 1271 note.>> SNAKE RIVER
HEADWATERS, WYOMING.
(a) Short Title.--This section may be cited as the ``Craig Thomas
Snake Headwaters Legacy Act of 2008''.
(b) Findings; Purposes.--
(1) Findings.--Congress finds that--
(A) the headwaters of the Snake River System in
northwest Wyoming feature some of the cleanest sources
of
[[Page 123 STAT. 1148]]
freshwater, healthiest native trout fisheries, and most
intact rivers and streams in the lower 48 States;
(B) the rivers and streams of the headwaters of the
Snake River System--
(i) provide unparalleled fishing, hunting,
boating, and other recreational activities for--
(I) local residents; and
(II) millions of visitors from
around the world; and
(ii) are national treasures;
(C) each year, recreational activities on the rivers
and streams of the headwaters of the Snake River System
generate millions of dollars for the economies of--
(i) Teton County, Wyoming; and
(ii) Lincoln County, Wyoming;
(D) to ensure that future generations of citizens of
the United States enjoy the benefits of the rivers and
streams of the headwaters of the Snake River System,
Congress should apply the protections provided by the
Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to
those rivers and streams; and
(E) the designation of the rivers and streams of the
headwaters of the Snake River System under the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify
to the citizens of the United States the importance of
maintaining the outstanding and remarkable qualities of
the Snake River System while--
(i) preserving public access to those rivers
and streams;
(ii) respecting private property rights
(including existing water rights); and
(iii) continuing to allow historic uses of the
rivers and streams.
(2) Purposes.--The purposes of this section are--
(A) to protect for current and future generations of
citizens of the United States the outstandingly
remarkable scenic, natural, wildlife, fishery,
recreational, scientific, historic, and ecological
values of the rivers and streams of the headwaters of
the Snake River System, while continuing to deliver
water and operate and maintain valuable irrigation water
infrastructure; and
(B) to designate approximately 387.7 miles of the
rivers and streams of the headwaters of the Snake River
System as additions to the National Wild and Scenic
Rivers System.
(c) <<NOTE: 16 USC 1274 note.>> Definitions.--In this section:
(1) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through the
Chief of the Forest Service), with respect to each river
segment described in paragraph (205) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
added by subsection (d)) that is not located in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial
Parkway; or
(iv) the National Elk Refuge; and
[[Page 123 STAT. 1149]]
(B) the Secretary of the Interior, with respect to
each river segment described in paragraph (205) of
section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by subsection (d)) that is
located in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial
Parkway; or
(iv) the National Elk Refuge.
(2) State.--The term ``State'' means the State of Wyoming.
(d) Wild and Scenic River Designations, Snake River Headwaters,
Wyoming.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as amended by section 5001) is amended by adding at the end
the following:
``(206) Snake river headwaters, wyoming.--The following
segments of the Snake River System, in the State of Wyoming:
``(A) Bailey creek.--The 7-mile segment of Bailey
Creek, from the divide with the Little Greys River north
to its confluence with the Snake River, as a wild river.
``(B) Blackrock creek.--The 22-mile segment from its
source to the Bridger-Teton National Forest boundary, as
a scenic river.
``(C) Buffalo fork of the snake river.--The portions
of the Buffalo Fork of the Snake River, consisting of--
``(i) the 55-mile segment consisting of the
North Fork, the Soda Fork, and the South Fork,
upstream from Turpin Meadows, as a wild river;
``(ii) the 14-mile segment from Turpin Meadows
to the upstream boundary of Grand Teton National
Park, as a scenic river; and
``(iii) the 7.7-mile segment from the upstream
boundary of Grand Teton National Park to its
confluence with the Snake River, as a scenic
river.
``(D) Crystal creek.--The portions of Crystal Creek,
consisting of--
``(i) the 14-mile segment from its source to
the Gros Ventre Wilderness boundary, as a wild
river; and
``(ii) the 5-mile segment from the Gros Ventre
Wilderness boundary to its confluence with the
Gros Ventre River, as a scenic river.
``(E) Granite creek.--The portions of Granite Creek,
consisting of--
``(i) the 12-mile segment from its source to
the end of Granite Creek Road, as a wild river;
and
``(ii) the 9.5-mile segment from Granite Hot
Springs to the point 1 mile upstream from its
confluence with the Hoback River, as a scenic
river.
``(F) Gros ventre river.--The portions of the Gros
Ventre River, consisting of--
``(i) the 16.5-mile segment from its source to
Darwin Ranch, as a wild river;
``(ii) the 39-mile segment from Darwin Ranch
to the upstream boundary of Grand Teton National
Park, excluding the section along Lower Slide
Lake, as a scenic river; and
[[Page 123 STAT. 1150]]
``(iii) the 3.3-mile segment flowing across
the southern boundary of Grand Teton National Park
to the Highlands Drive Loop Bridge, as a scenic
river.
``(G) Hoback river.--The 10-mile segment from the
point 10 miles upstream from its confluence with the
Snake River to its confluence with the Snake River, as a
recreational river.
``(H) Lewis river.--The portions of the Lewis River,
consisting of--
``(i) the 5-mile segment from Shoshone Lake to
Lewis Lake, as a wild river; and
``(ii) the 12-mile segment from the outlet of
Lewis Lake to its confluence with the Snake River,
as a scenic river.
``(I) Pacific creek.--The portions of Pacific Creek,
consisting of--
``(i) the 22.5-mile segment from its source to
the Teton Wilderness boundary, as a wild river;
and
``(ii) the 11-mile segment from the Wilderness
boundary to its confluence with the Snake River,
as a scenic river.
``(J) Shoal creek.--The 8-mile segment from its
source to the point 8 miles downstream from its source,
as a wild river.
``(K) Snake river.--The portions of the Snake River,
consisting of--
``(i) the 47-mile segment from its source to
Jackson Lake, as a wild river;
``(ii) the 24.8-mile segment from 1 mile
downstream of Jackson Lake Dam to 1 mile
downstream of the Teton Park Road bridge at Moose,
Wyoming, as a scenic river; and
``(iii) the 19-mile segment from the mouth of
the Hoback River to the point 1 mile upstream from
the Highway 89 bridge at Alpine Junction, as a
recreational river, the boundary of the western
edge of the corridor for the portion of the
segment extending from the point 3.3 miles
downstream of the mouth of the Hoback River to the
point 4 miles downstream of the mouth of the
Hoback River being the ordinary high water mark.
``(L) Willow creek.--The 16.2-mile segment from the
point 16.2 miles upstream from its confluence with the
Hoback River to its confluence with the Hoback River, as
a wild river.
``(M) Wolf creek.--The 7-mile segment from its
source to its confluence with the Snake River, as a wild
river.''.
(e) <<NOTE: 16 USC 1274 note.>> Management.--
(1) In general.--Each river segment described in paragraph
(205) of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by subsection (d)) shall be managed by
the Secretary concerned.
(2) Management plan.--
(A) <<NOTE: Deadline.>> In general.--In accordance
with subparagraph (A), not later than 3 years after the
date of enactment of this Act, the Secretary concerned
shall develop a management plan for each river segment
described in paragraph
[[Page 123 STAT. 1151]]
(205) of section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as added by subsection (d)) that is
located in an area under the jurisdiction of the
Secretary concerned.
(B) Required component.--Each management plan
developed by the Secretary concerned under subparagraph
(A) shall contain, with respect to the river segment
that is the subject of the plan, a section that contains
an analysis and description of the availability and
compatibility of future development with the wild and
scenic character of the river segment (with particular
emphasis on each river segment that contains 1 or more
parcels of private land).
(3) Quantification of water rights reserved by river
segments.--
(A) The Secretary concerned shall apply for the
quantification of the water rights reserved by each
river segment designated by this section in accordance
with the procedural requirements of the laws of the
State of Wyoming.
(B) For the purpose of the quantification of water
rights under this subsection, with respect to each Wild
and Scenic River segment designated by this section--
(i) the purposes for which the segments are
designated, as set forth in this section, are
declared to be beneficial uses; and
(ii) the priority date of such right shall be
the date of enactment of this Act.
(4) Stream gauges.--Consistent with the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry out
activities at United States Geological Survey stream gauges that
are located on the Snake River (including tributaries of the
Snake River), including flow measurements and operation,
maintenance, and replacement.
(5) Consent of property owner.--No property or interest in
property located within the boundaries of any river segment
described in paragraph (205) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(d)) may be acquired by the Secretary without the consent of the
owner of the property or interest in property.
(6) Effect of designations.--
(A) In general.--Nothing in this section affects
valid existing rights, including--
(i) all interstate water compacts in existence
on the date of enactment of this Act (including
full development of any apportionment made in
accordance with the compacts);
(ii) water rights in the States of Idaho and
Wyoming; and
(iii) water rights held by the United States.
(B) Jackson lake; jackson lake dam.--Nothing in this
section shall affect the management and operation of
Jackson Lake or Jackson Lake Dam, including the storage,
management, and release of water.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
[[Page 123 STAT. 1152]]
SEC. 5003. TAUNTON RIVER, MASSACHUSETTS.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as amended by section 5002(d)) is amended by adding at
the end the following:
``(207) Taunton river, massachusetts.--The main stem of the
Taunton River from its headwaters at the confluence of the Town
and Matfield Rivers in the Town of Bridgewater downstream 40
miles to the confluence with the Quequechan River at the Route
195 Bridge in the City of Fall River, to be administered by the
Secretary of the Interior in cooperation with the Taunton River
Stewardship Council as follows:
``(A) The 18-mile segment from the confluence of the
Town and Matfield Rivers to Route 24 in the Town of
Raynham, as a scenic river.
``(B) The 5-mile segment from Route 24 to 0.5 miles
below Weir Bridge in the City of Taunton, as a
recreational river.
``(C) The 8-mile segment from 0.5 miles below Weir
Bridge to Muddy Cove in the Town of Dighton, as a scenic
river.
``(D) The 9-mile segment from Muddy Cove to the
confluence with the Quequechan River at the Route 195
Bridge in the City of Fall River, as a recreational
river.''.
(b) <<NOTE: 16 USC 1274 note.>> Management of Taunton River,
Massachusetts.--
(1) Taunton river stewardship plan.--
(A) In general.--Each river segment designated by
section 3(a)(206) of the Wild and Scenic Rivers Act (as
added by subsection (a)) shall be managed in accordance
with the Taunton River Stewardship Plan, dated July 2005
(including any amendment to the Taunton River
Stewardship Plan that the Secretary of the Interior
(referred to in this subsection as the ``Secretary'')
determines to be consistent with this section).
(B) Effect.--The Taunton River Stewardship Plan
described in subparagraph (A) shall be considered to
satisfy each requirement relating to the comprehensive
management plan required under section 3(d) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(d)).
(2) Cooperative agreements.--To provide for the long-term
protection, preservation, and enhancement of each river segment
designated by section 3(a)(206) of the Wild and Scenic Rivers
Act (as added by subsection (a)), pursuant to sections 10(e) and
11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)
and 1282(b)(1)), the Secretary may enter into cooperative
agreements (which may include provisions for financial and other
assistance) with--
(A) the Commonwealth of Massachusetts (including
political subdivisions of the Commonwealth of
Massachusetts);
(B) the Taunton River Stewardship Council; and
(C) any appropriate nonprofit organization, as
determined by the Secretary.
(3) Relation to national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), each river segment designated by section 3(a)(206) of
the Wild and Scenic Rivers Act (as added by subsection (a))
shall not be--
[[Page 123 STAT. 1153]]
(A) administered as a unit of the National Park
System; or
(B) subject to the laws (including regulations) that
govern the administration of the National Park System.
(4) Land management.--
(A) Zoning ordinances.--The zoning ordinances
adopted by the Towns of Bridgewater, Halifax,
Middleborough, Raynham, Berkley, Dighton, Freetown, and
Somerset, and the Cities of Taunton and Fall River,
Massachusetts (including any provision of the zoning
ordinances relating to the conservation of floodplains,
wetlands, and watercourses associated with any river
segment designated by section 3(a)(206) of the Wild and
Scenic Rivers Act (as added by subsection (a))), shall
be considered to satisfy each standard and requirement
described in section 6(c) of the Wild and Scenic Rivers
Act (16 U.S.C. 1277(c)).
(B) Villages.--For the purpose of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each
town described in subparagraph (A) shall be considered
to be a village.
(C) Acquisition of land.--
(i) Limitation of authority of secretary.--
With respect to each river segment designated by
section 3(a)(206) of the Wild and Scenic Rivers
Act (as added by subsection (a)), the Secretary
may only acquire parcels of land--
(I) by donation; or
(II) with the consent of the owner
of the parcel of land.
(ii) Prohibition relating to acquisition of
land by condemnation.--In accordance with section
6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)), with respect to each river segment
designated by section 3(a)(206) of the Wild and
Scenic Rivers Act (as added by subsection (a)),
the Secretary may not acquire any parcel of land
by condemnation.
Subtitle B--Wild and Scenic Rivers Studies
SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY.
(a) Designation for Study.--Section 5(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the
following:
``(140) Missisquoi and trout rivers, vermont.--The
approximately 25-mile segment of the upper Missisquoi from its
headwaters in Lowell to the Canadian border in North Troy, the
approximately 25-mile segment from the Canadian border in East
Richford to Enosburg Falls, and the approximately 20-mile
segment of the Trout River from its headwaters to its confluence
with the Missisquoi River.''.
(b) Study and Report.--Section 5(b) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(b)) is amended by adding at the end the following:
``(19) Missisquoi and trout rivers, vermont.--Not later than
3 years after the date on which funds are made available to
carry out this paragraph, the Secretary of the Interior shall--
[[Page 123 STAT. 1154]]
``(A) complete the study of the Missisquoi and Trout
Rivers, Vermont, described in subsection (a)(140); and
``(B) submit a report describing the results of that
study to the appropriate committees of Congress.''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Subtitle C--Additions to the National Trails System
SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended by adding at the end the following:
``(27) Arizona national scenic trail.--
``(A) In general.--The Arizona National Scenic
Trail, extending approximately 807 miles across the
State of Arizona from the U.S.-Mexico international
border to the Arizona-Utah border, as generally depicted
on the map entitled `Arizona National Scenic Trail' and
dated December 5, 2007, to be administered by the
Secretary of Agriculture, in consultation with the
Secretary of the Interior and appropriate State, tribal,
and local governmental agencies.
``(B) Availability of map.--The map shall be on file
and available for public inspection in appropriate
offices of the Forest Service.''.
SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL.
(a) Authorization and Administration.--Section 5(a) of the National
Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5201) is
amended by adding at the end the following:
``(28) New england national scenic trail.--The New England
National Scenic Trail, a continuous trail extending
approximately 220 miles from the border of New Hampshire in the
town of Royalston, Massachusetts to Long Island Sound in the
town of Guilford, Connecticut, as generally depicted on the map
titled `New England National Scenic Trail Proposed Route',
numbered T06/80,000, and dated October 2007. The map shall be on
file and available for public inspection in the appropriate
offices of the National Park Service. The Secretary of the
Interior, in consultation with appropriate Federal, State,
tribal, regional, and local agencies, and other organizations,
shall administer the trail after considering the recommendations
of the report titled the `Metacomet Monadnock Mattabesset Trail
System National Scenic Trail Feasibility Study and Environmental
Assessment', prepared by the National Park Service, and dated
Spring 2006. The United States shall not acquire for the trail
any land or interest in land without the consent of the
owner.''.
(b) <<NOTE: 16 USC 1244 note.>> Management.--The Secretary of the
Interior (referred to in this section as the ``Secretary'') shall
consider the actions outlined in the Trail Management Blueprint
described in the report titled the ``Metacomet Monadnock Mattabesett
Trail System National Scenic Trail Feasibility Study and Environmental
Assessment'', prepared by the National Park Service, and dated Spring
2006, as the framework for management and administration of the New
[[Page 123 STAT. 1155]]
England National Scenic Trail. Additional or more detailed plans for
administration, management, protection, access, maintenance, or
development of the trail may be developed consistent with the Trail
Management Blueprint, and as approved by the Secretary.
(c) <<NOTE: 16 USC 1244 note.>> Cooperative Agreements.--The
Secretary is authorized to enter into cooperative agreements with the
Commonwealth of Massachusetts (and its political subdivisions), the
State of Connecticut (and its political subdivisions), and other
regional, local, and private organizations deemed necessary and
desirable to accomplish cooperative trail administrative, management,
and protection objectives consistent with the Trail Management
Blueprint. An agreement under this subsection may include provisions for
limited financial assistance to encourage participation in the planning,
acquisition, protection, operation, development, or maintenance of the
trail.
(d) <<NOTE: 16 USC 1244 note.>> Additional Trail Segments.--
Pursuant to section 6 of the National Trails System Act (16 U.S.C.
1245), the Secretary is encouraged to work with the State of New
Hampshire and appropriate local and private organizations to include
that portion of the Metacomet-Monadnock Trail in New Hampshire (which
lies between Royalston, Massachusetts and Jaffrey, New Hampshire) as a
component of the New England National Scenic Trail. Inclusion of this
segment, as well as other potential side or connecting trails, is
contingent upon written application to the Secretary by appropriate
State and local jurisdictions and a finding by the Secretary that trail
management and administration is consistent with the Trail Management
Blueprint.
SEC. 5203. <<NOTE: 16 USC 1244 note.>> ICE AGE FLOODS NATIONAL
GEOLOGIC TRAIL.
(a) Findings; Purpose.--
(1) Findings.--Congress finds that--
(A) at the end of the last Ice Age, some 12,000 to
17,000 years ago, a series of cataclysmic floods
occurred in what is now the northwest region of the
United States, leaving a lasting mark of dramatic and
distinguishing features on the landscape of parts of the
States of Montana, Idaho, Washington and Oregon;
(B) geological features that have exceptional value
and quality to illustrate and interpret this
extraordinary natural phenomenon are present on Federal,
State, tribal, county, municipal, and private land in
the region; and
(C) in 2001, a joint study team headed by the
National Park Service that included about 70 members
from public and private entities completed a study
endorsing the establishment of an Ice Age Floods
National Geologic Trail--
(i) to recognize the national significance of
this phenomenon; and
(ii) to coordinate public and private sector
entities in the presentation of the story of the
Ice Age floods.
(2) <<NOTE: State listing.>> Purpose.--The purpose of this
section is to designate the Ice Age Floods National Geologic
Trail in the States of Montana, Idaho, Washington, and Oregon,
enabling the public to view, experience, and learn about the
features and story of the Ice Age floods through the
collaborative efforts of public and private entities.
(b) Definitions.--In this section:
[[Page 123 STAT. 1156]]
(1) Ice age floods; floods.--The term ``Ice Age floods'' or
``floods'' means the cataclysmic floods that occurred in what is
now the northwestern United States during the last Ice Age from
massive, rapid and recurring drainage of Glacial Lake Missoula.
(2) Plan.--The term ``plan'' means the cooperative
management and interpretation plan authorized under subsection
(f)(5).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trail.--The term ``Trail'' means the Ice Age Floods
National Geologic Trail designated by subsection (c).
(c) Designation.--In order to provide for public appreciation,
understanding, and enjoyment of the nationally significant natural and
cultural features of the Ice Age floods and to promote collaborative
efforts for interpretation and education among public and private
entities located along the pathways of the floods, there is designated
the Ice Age Floods National Geologic Trail.
(d) Location.--
(1) Map.--The route of the Trail shall be as generally
depicted on the map entitled ``Ice Age Floods National Geologic
Trail,'' numbered P43/80,000 and dated June 2004.
(2) Route.--The route shall generally follow public roads
and highways.
(3) <<NOTE: Federal Register, publication. Notice.>>
Revision.--The Secretary may revise the map by publication in
the Federal Register of a notice of availability of a new map as
part of the plan.
(e) Map Availability.--The map referred to in subsection (d)(1)
shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
(f) Administration.--
(1) In general.--The Secretary, acting through the Director
of the National Park Service, shall administer the Trail in
accordance with this section.
(2) Limitation.--Except as provided in paragraph (6)(B), the
Trail shall not be considered to be a unit of the National Park
System.
(3) Trail management office.--To improve management of the
Trail and coordinate Trail activities with other public agencies
and private entities, the Secretary may establish and operate a
trail management office at a central location within the
vicinity of the Trail.
(4) Interpretive facilities.--The Secretary may plan,
design, and construct interpretive facilities for sites
associated with the Trail if the facilities are constructed in
partnership with State, local, tribal, or non-profit entities
and are consistent with the plan.
(5) Management plan.--
(A) <<NOTE: Deadline.>> In general.--Not later than
3 years after funds are made available to carry out this
section, the Secretary shall prepare a cooperative
management and interpretation plan for the Trail.
(B) Consultation.--The Secretary shall prepare the
plan in consultation with--
(i) State, local, and tribal governments;
(ii) the Ice Age Floods Institute;
(iii) private property owners; and
(iv) other interested parties.
[[Page 123 STAT. 1157]]
(C) Contents.--The plan shall--
(i) confirm and, if appropriate, expand on the
inventory of features of the floods contained in
the National Park Service study entitled ``Ice Age
Floods, Study of Alternatives and Environmental
Assessment'' (February 2001) by--
(I) locating features more
accurately;
(II) improving the description of
features; and
(III) reevaluating the features in
terms of their interpretive potential;
(ii) review and, if appropriate, modify the
map of the Trail referred to in subsection (d)(1);
(iii) describe strategies for the coordinated
development of the Trail, including an
interpretive plan for facilities, waysides,
roadside pullouts, exhibits, media, and programs
that present the story of the floods to the public
effectively; and
(iv) identify potential partnering
opportunities in the development of interpretive
facilities and educational programs to educate the
public about the story of the floods.
(6) Cooperative management.--
(A) In general.--In order to facilitate the
development of coordinated interpretation, education,
resource stewardship, visitor facility development and
operation, and scientific research associated with the
Trail and to promote more efficient administration of
the sites associated with the Trail, the Secretary may
enter into cooperative management agreements with
appropriate officials in the States of Montana, Idaho,
Washington, and Oregon in accordance with the authority
provided for units of the National Park System under
section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).
(B) Authority.--For purposes of this paragraph only,
the Trail shall be considered a unit of the National
Park System.
(7) Cooperative agreements.--The Secretary may enter into
cooperative agreements with public or private entities to carry
out this section.
(8) Effect on private property rights.--Nothing in this
section--
(A) requires any private property owner to allow
public access (including Federal, State, or local
government access) to private property; or
(B) modifies any provision of Federal, State, or
local law with respect to public access to or use of
private land.
(9) Liability.--Designation of the Trail by subsection (c)
does not create any liability for, or affect any liability under
any law of, any private property owner with respect to any
person injured on the private property.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, of
which not more than $12,000,000 may be used for development of the
Trail.
[[Page 123 STAT. 1158]]
SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL
HISTORIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
(as amended by section 5202(a)) is amended by adding at the end the
following:
``(29) Washington-rochambeau revolutionary route national
historic trail.--
``(A) In general.--The Washington-Rochambeau
Revolutionary Route National Historic Trail, a corridor
of approximately 600 miles following the route taken by
the armies of General George Washington and Count
Rochambeau between Newport, Rhode Island, and Yorktown,
Virginia, in 1781 and 1782, as generally depicted on the
map entitled `WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE
NATIONAL HISTORIC TRAIL', numbered T01/80,001, and dated
June 2007.
``(B) Map.--The map referred to in subparagraph (A)
shall be on file and available for public inspection in
the appropriate offices of the National Park Service.
``(C) Administration.--The trail shall be
administered by the Secretary of the Interior, in
consultation with--
``(i) other Federal, State, tribal, regional,
and local agencies; and
``(ii) the private sector.
``(D) Land acquisition.--The United States shall not
acquire for the trail any land or interest in land
outside the exterior boundary of any federally-managed
area without the consent of the owner of the land or
interest in land.''.
SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
(as amended by section 5204) is amended by adding at the end the
following:
``(30) Pacific northwest national scenic trail.--
``(A) In general.--The Pacific Northwest National
Scenic Trail, a trail of approximately 1,200 miles,
extending from the Continental Divide in Glacier
National Park, Montana, to the Pacific Ocean Coast in
Olympic National Park, Washington, following the route
depicted on the map entitled `Pacific Northwest National
Scenic Trail: Proposed Trail', numbered T12/80,000, and
dated February 2008 (referred to in this paragraph as
the `map').
``(B) Availability of map.--The map shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
``(C) Administration.--The Pacific Northwest
National Scenic Trail shall be administered by the
Secretary of Agriculture.
``(D) Land acquisition.--The United States shall not
acquire for the Pacific Northwest National Scenic Trail
any land or interest in land outside the exterior
boundary of any federally-managed area without the
consent of the owner of the land or interest in land.''.
[[Page 123 STAT. 1159]]
SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL.
Section 5(a)(16) of the National Trails System Act (16 U.S.C.
1244(a)(16)) is amended as follows:
(1) By amending subparagraph (C) to read as follows:
``(C) In addition to the areas otherwise designated
under this paragraph, the following routes and land
components by which the Cherokee Nation was removed to
Oklahoma are components of the Trail of Tears National
Historic Trail, as generally described in the
environmentally preferred alternative of the November
2007 Feasibility Study Amendment and Environmental
Assessment for Trail of Tears National Historic Trail:
``(i) The Benge and Bell routes.
``(ii) The land components of the designated
water routes in Alabama, Arkansas, Oklahoma, and
Tennessee.
``(iii) The routes from the collection forts
in Alabama, Georgia, North Carolina, and Tennessee
to the emigration depots.
``(iv) The related campgrounds located along
the routes and land components described in
clauses (i) through (iii).''.
(2) In subparagraph (D)--
(A) by striking the first sentence; and
(B) by adding at the end the following: ``No lands
or interests in lands outside the exterior boundaries of
any federally administered area may be acquired by the
Federal Government for the Trail of Tears National
Historic Trail except with the consent of the owner
thereof.''.
Subtitle D--National Trail System Amendments
SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AUTHORITY.
(a) Authority To Acquire Land From Willing Sellers for Certain
Trails.--
(1) Oregon national historic trail.--Section 5(a)(3) of the
National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by
adding at the end the following: ``No land or interest in land
outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the trail
except with the consent of the owner of the land or interest in
land. The authority of the Federal Government to acquire fee
title under this paragraph shall be limited to an average of not
more than \1/4\ mile on either side of the trail.''.
(2) Mormon pioneer national historic trail.--Section 5(a)(4)
of the National Trails System Act (16 U.S.C. 1244(a)(4)) is
amended by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner of
the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to
[[Page 123 STAT. 1160]]
an average of not more than \1/4\ mile on either side of the
trail.''.
(3) Continental divide national scenic trail.--Section
5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5))
is amended by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner of
the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either side
of the trail.''.
(4) Lewis and clark national historic trail.--Section
5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6))
is amended by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner of
the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either side
of the trail.''.
(5) Iditarod national historic trail.--Section 5(a)(7) of
the National Trails System Act (16 U.S.C. 1244(a)(7)) is amended
by adding at the end the following: ``No land or interest in
land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government for
the trail except with the consent of the owner of the land or
interest in land. The authority of the Federal Government to
acquire fee title under this paragraph shall be limited to an
average of not more than \1/4\ mile on either side of the
trail.''.
(6) North country national scenic trail.--Section 5(a)(8) of
the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended
by adding at the end the following: ``No land or interest in
land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government for
the trail except with the consent of the owner of the land or
interest in land.''.
(7) Ice age national scenic trail.--Section 5(a)(10) of the
National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by
adding at the end the following: ``No land or interest in land
outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for the trail
except with the consent of the owner of the land or interest in
land.''.
(8) Potomac heritage national scenic trail.--Section
5(a)(11) of the National Trails System Act (16 U.S.C.
1244(a)(11)) is amended--
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the
Federal Government for the trail except with the consent
of the owner of the land or interest in land.''.
[[Page 123 STAT. 1161]]
(9) Nez perce national historic trail.--Section 5(a)(14) of
the National Trails System Act (16 U.S.C. 1244(a)(14)) is
amended--
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the
Federal Government for the trail except with the consent
of the owner of the land or interest in land. The
authority of the Federal Government to acquire fee title
under this paragraph shall be limited to an average of
not more than \1/4\ mile on either side of the trail.''.
(b) Conforming Amendment.--Section 10 of the National Trails System
Act (16 U.S.C. 1249) is amended by striking subsection (c) and inserting
the following:
``(c) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this Act,
there are authorized to be appropriated such sums as are
necessary to implement the provisions of this Act relating to
the trails designated by section 5(a).
``(2) Natchez trace national scenic trail.--
``(A) In general.--With respect to the Natchez Trace
National Scenic Trail (referred to in this paragraph as
the `trail') designated by section 5(a)(12)--
``(i) not more than $500,000 shall be
appropriated for the acquisition of land or
interests in land for the trail; and
``(ii) not more than $2,000,000 shall be
appropriated for the development of the trail.
``(B) Participation by volunteer trail groups.--The
administering agency for the trail shall encourage
volunteer trail groups to participate in the development
of the trail.''.
SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF
EXISTING NATIONAL HISTORIC TRAILS.
Section 5 of the National Trails System Act (16 U.S.C. 1244) is
amended by adding at the end the following:
``(g) Revision of Feasibility and Suitability Studies of Existing
National Historic Trails.--
``(1) Definitions.--In this subsection:
``(A) Route.--The term `route' includes a trail
segment commonly known as a cutoff.
``(B) Shared route.--The term `shared route' means a
route that was a segment of more than 1 historic trail,
including a route shared with an existing national
historic trail.
``(2) Requirements for revision.--
``(A) In general.--The Secretary of the Interior
shall revise the feasibility and suitability studies for
certain national trails for consideration of possible
additions to the trails.
``(B) <<NOTE: Applicability.>> Study requirements
and objectives.--The study requirements and objectives
specified in subsection (b) shall apply to a study
required by this subsection.
``(C) <<NOTE: Deadline.>> Completion and submission
of study.--A study listed in this subsection shall be
completed and submitted
[[Page 123 STAT. 1162]]
to Congress not later than 3 complete fiscal years from
the date funds are made available for the study.
``(3) Oregon national historic trail.--
``(A) Study required.--The Secretary of the Interior
shall undertake a study of the routes of the Oregon
Trail listed in subparagraph (B) and generally depicted
on the map entitled `Western Emigrant Trails 1830/1870'
and dated 1991/1993, and of such other routes of the
Oregon Trail that the Secretary considers appropriate,
to determine the feasibility and suitability of
designation of 1 or more of the routes as components of
the Oregon National Historic Trail.
``(B) Covered routes.--The routes to be studied
under subparagraph (A) shall include the following:
``(i) Whitman Mission route.
``(ii) Upper Columbia River.
``(iii) Cowlitz River route.
``(iv) Meek cutoff.
``(v) Free Emigrant Road.
``(vi) North Alternate Oregon Trail.
``(vii) Goodale's cutoff.
``(viii) North Side alternate route.
``(ix) Cutoff to Barlow road.
``(x) Naches Pass Trail.
``(4) Pony express national historic trail.--The Secretary
of the Interior shall undertake a study of the approximately 20-
mile southern alternative route of the Pony Express Trail from
Wathena, Kansas, to Troy, Kansas, and such other routes of the
Pony Express Trail that the Secretary considers appropriate, to
determine the feasibility and suitability of designation of 1 or
more of the routes as components of the Pony Express National
Historic Trail.
``(5) California national historic trail.--
``(A) Study required.--The Secretary of the Interior
shall undertake a study of the Missouri Valley, central,
and western routes of the California Trail listed in
subparagraph (B) and generally depicted on the map
entitled `Western Emigrant Trails 1830/1870' and dated
1991/1993, and of such other and shared Missouri Valley,
central, and western routes that the Secretary considers
appropriate, to determine the feasibility and
suitability of designation of 1 or more of the routes as
components of the California National Historic Trail.
``(B) Covered routes.--The routes to be studied
under subparagraph (A) shall include the following:
``(i) Missouri valley routes.--
``(I) Blue Mills-Independence Road.
``(II) Westport Landing Road.
``(III) Westport-Lawrence Road.
``(IV) Fort Leavenworth-Blue River
route.
``(V) Road to Amazonia.
``(VI) Union Ferry Route.
``(VII) Old Wyoming-Nebraska City
cutoff.
``(VIII) Lower Plattsmouth Route.
``(IX) Lower Bellevue Route.
``(X) Woodbury cutoff.
``(XI) Blue Ridge cutoff.
[[Page 123 STAT. 1163]]
``(XII) Westport Road.
``(XIII) Gum Springs-Fort
Leavenworth route.
``(XIV) Atchison/Independence Creek
routes.
``(XV) Fort Leavenworth-Kansas River
route.
``(XVI) Nebraska City cutoff routes.
``(XVII) Minersville-Nebraska City
Road.
``(XVIII) Upper Plattsmouth route.
``(XIX) Upper Bellevue route.
``(ii) Central routes.--
``(I) Cherokee Trail, including
splits.
``(II) Weber Canyon route of
Hastings cutoff.
``(III) Bishop Creek cutoff.
``(IV) McAuley cutoff.
``(V) Diamond Springs cutoff.
``(VI) Secret Pass.
``(VII) Greenhorn cutoff.
``(VIII) Central Overland Trail.
``(iii) Western routes.--
``(I) Bidwell-Bartleson route.
``(II) Georgetown/Dagget Pass Trail.
``(III) Big Trees Road.
``(IV) Grizzly Flat cutoff.
``(V) Nevada City Road.
``(VI) Yreka Trail.
``(VII) Henness Pass route.
``(VIII) Johnson cutoff.
``(IX) Luther Pass Trail.
``(X) Volcano Road.
``(XI) Sacramento-Coloma Wagon Road.
``(XII) Burnett cutoff.
``(XIII) Placer County Road to
Auburn.
``(6) Mormon pioneer national historic trail.--
``(A) Study required.--The Secretary of the Interior
shall undertake a study of the routes of the Mormon
Pioneer Trail listed in subparagraph (B) and generally
depicted in the map entitled `Western Emigrant Trails
1830/1870' and dated 1991/1993, and of such other routes
of the Mormon Pioneer Trail that the Secretary considers
appropriate, to determine the feasibility and
suitability of designation of 1 or more of the routes as
components of the Mormon Pioneer National Historic
Trail.
``(B) Covered routes.--The routes to be studied
under subparagraph (A) shall include the following:
``(i) 1846 Subsequent routes A and B (Lucas
and Clarke Counties, Iowa).
``(ii) 1856-57 Handcart route (Iowa City to
Council Bluffs).
``(iii) Keokuk route (Iowa).
``(iv) 1847 Alternative Elkhorn and Loup River
Crossings in Nebraska.
``(v) Fort Leavenworth Road; Ox Bow route and
alternates in Kansas and Missouri (Oregon and
California Trail routes used by Mormon emigrants).
``(vi) 1850 Golden Pass Road in Utah.
``(7) Shared california and oregon trail routes.--
[[Page 123 STAT. 1164]]
``(A) Study required.--The Secretary of the Interior
shall undertake a study of the shared routes of the
California Trail and Oregon Trail listed in subparagraph
(B) and generally depicted on the map entitled `Western
Emigrant Trails 1830/1870' and dated 1991/1993, and of
such other shared routes that the Secretary considers
appropriate, to determine the feasibility and
suitability of designation of 1 or more of the routes as
shared components of the California National Historic
Trail and the Oregon National Historic Trail.
``(B) Covered routes.--The routes to be studied
under subparagraph (A) shall include the following:
``(i) St. Joe Road.
``(ii) Council Bluffs Road.
``(iii) Sublette cutoff.
``(iv) Applegate route.
``(v) Old Fort Kearny Road (Oxbow Trail).
``(vi) Childs cutoff.
``(vii) Raft River to Applegate.''.
SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following:
``(44) Chisholm trail.--
``(A) In general.--The Chisholm Trail (also known as
the `Abilene Trail'), from the vicinity of San Antonio,
Texas, segments from the vicinity of Cuero, Texas, to
Ft. Worth, Texas, Duncan, Oklahoma, alternate segments
used through Oklahoma, to Enid, Oklahoma, Caldwell,
Kansas, Wichita, Kansas, Abilene, Kansas, and commonly
used segments running to alternative Kansas
destinations.
``(B) Requirement.--In conducting the study required
under this paragraph, the Secretary of the Interior
shall identify the point at which the trail originated
south of San Antonio, Texas.
``(45) Great western trail.--
``(A) In general.--The Great Western Trail (also
known as the `Dodge City Trail'), from the vicinity of
San Antonio, Texas, north-by-northwest through the
vicinities of Kerrville and Menard, Texas, north-by-
northeast through the vicinities of Coleman and Albany,
Texas, north through the vicinity of Vernon, Texas, to
Doan's Crossing, Texas, northward through or near the
vicinities of Altus, Lone Wolf, Canute, Vici, and May,
Oklahoma, north through Kansas to Dodge City, and north
through Nebraska to Ogallala.
``(B) Requirement.--In conducting the study required
under this paragraph, the Secretary of the Interior
shall identify the point at which the trail originated
south of San Antonio, Texas.''.
Subtitle E--Effect of Title
SEC. 5401. <<NOTE: 16 USC 1244 note.>> EFFECT.
(a) Effect on Access for Recreational Activities.--Nothing in this
title shall be construed as affecting access for recreational
[[Page 123 STAT. 1165]]
activities otherwise allowed by law or regulation, including hunting,
fishing, or trapping.
(b) Effect on State Authority.--Nothing in this title shall be
construed as affecting the authority, jurisdiction, or responsibility of
the several States to manage, control, or regulate fish and resident
wildlife under State law or regulations, including the regulation of
hunting, fishing, and trapping.
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A--Cooperative Watershed Management Program
SEC. 6001. <<NOTE: 16 USC 1015.>> DEFINITIONS.
In this subtitle:
(1) Affected stakeholder.--The term ``affected stakeholder''
means an entity that significantly affects, or is significantly
affected by, the quality or quantity of water in a watershed, as
determined by the Secretary.
(2) Grant recipient.--The term ``grant recipient'' means a
watershed group that the Secretary has selected to receive a
grant under section 6002(c)(2).
(3) Program.--The term ``program'' means the Cooperative
Watershed Management Program established by the Secretary under
section 6002(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Watershed group.--The term ``watershed group'' means a
self-sustaining, cooperative watershed-wide group that--
(A) is comprised of representatives of the affected
stakeholders of the relevant watershed;
(B) incorporates the perspectives of a diverse array
of stakeholders, including, to the maximum extent
practicable--
(i) representatives of--
(I) hydroelectric production;
(II) livestock grazing;
(III) timber production;
(IV) land development;
(V) recreation or tourism;
(VI) irrigated agricultural
production;
(VII) the environment;
(VIII) potable water purveyors and
industrial water users; and
(IX) private property owners within
the watershed;
(ii) any Federal agency that has authority
with respect to the watershed;
(iii) any State agency that has authority with
respect to the watershed;
(iv) any local agency that has authority with
respect to the watershed; and
(v) any Indian tribe that--
[[Page 123 STAT. 1166]]
(I) owns land within the watershed;
or
(II) has land in the watershed that
is held in trust;
(C) is a grassroots, nonregulatory entity that
addresses water availability and quality issues within
the relevant watershed;
(D) is capable of promoting the sustainable use of
the water resources of the relevant watershed and
improving the functioning condition of rivers and
streams through--
(i) water conservation;
(ii) improved water quality;
(iii) ecological resiliency; and
(iv) the reduction of water conflicts; and
(E) makes decisions on a consensus basis, as defined
in the bylaws of the watershed group.
(6) Watershed management project.--The term ``watershed
management project'' means any project (including a
demonstration project) that--
(A) enhances water conservation, including
alternative water uses;
(B) improves water quality;
(C) improves ecological resiliency of a river or
stream;
(D) reduces the potential for water conflicts; or
(E) advances any other goals associated with water
quality or quantity that the Secretary determines to be
appropriate.
SEC. 6002. <<NOTE: 16 USC 1015a.>> PROGRAM.
(a) <<NOTE: Deadline. Grants.>> Establishment.--Not later than 180
days after the date of enactment of this Act, the Secretary shall
establish a program, to be known as the ``Cooperative Watershed
Management Program'', under which the Secretary shall provide grants--
(1)(A) to form a watershed group; or
(B) to enlarge a watershed group; and
(2) to conduct 1 or more projects in accordance with the
goals of a watershed group.
(b) Application.--
(1) Establishment of application process; criteria.--Not
later <<NOTE: Deadline.>> than 1 year after the date of
enactment of this Act, the Secretary shall establish--
(A) an application process for the program; and
(B) in consultation with the States, prioritization
and eligibility criteria for considering applications
submitted in accordance with the application process.
(c) Distribution of Grant Funds.--
(1) In general.--In distributing grant funds under this
section, the Secretary--
(A) shall comply with paragraph (2); and
(B) may give priority to watershed groups that--
(i) represent maximum diversity of interests;
or
(ii) serve subbasin-sized watersheds with an
8-digit hydrologic unit code, as defined by the
United States Geological Survey.
(2) Funding procedure.--
(A) First phase.--
[[Page 123 STAT. 1167]]
(i) In general.--The Secretary may provide to
a grant recipient a first-phase grant in an amount
not greater than $100,000 each year for a period
of not more than 3 years.
(ii) Mandatory use of funds.--A grant
recipient that receives a first-phase grant shall
use the funds--
(I) to establish or enlarge a
watershed group;
(II) to develop a mission statement
for the watershed group;
(III) to develop project concepts;
and
(IV) to develop a restoration plan.
(iii) Annual determination of eligibility.--
(I) <<NOTE: Deadline.>>
Determination.--For each year of a
first-phase grant, not later than 270
days after the date on which a grant
recipient first receives grant funds for
the year, the Secretary shall determine
whether the grant recipient has made
sufficient progress during the year to
justify additional funding.
(II) Effect of determination.--If
the Secretary determines under subclause
(I) that the progress of a grant
recipient during the year covered by the
determination justifies additional
funding, the Secretary shall provide to
the grant recipient grant funds for the
following year.
(iv) Advancement conditions.--A grant
recipient shall not be eligible to receive a
second-phase grant under subparagraph (B) until
the date on which the Secretary determines that
the watershed group--
(I) has approved articles of
incorporation and bylaws governing the
organization; and
(II)(aa) holds regular meetings;
(bb) has completed a mission
statement; and
(cc) has developed a restoration
plan and project concepts for the
watershed.
(v) Exception.--A watershed group that has not
applied for or received first-phase grants may
apply for and receive second-phase grants under
subparagraph (B) if the Secretary determines that
the group has satisfied the requirements of first-
phase grants.
(B) Second phase.--
(i) In general.--A watershed group may apply
for and receive second-phase grants of $1,000,000
each year for a period of not more than 4 years
if--
(I) the watershed group has applied
for and received watershed grants under
subparagraph (A); or
(II) the Secretary determines that
the watershed group has satisfied the
requirements of first-phase grants.
(ii) Mandatory use of funds.--A grant
recipient that receives a second-phase grant shall
use the funds to plan and carry out watershed
management projects.
(iii) Annual determination of eligibility.--
(I) <<NOTE: Deadline.>>
Determination.--For each year of the
second-phase grant, not later than 270
days after the date on which a grant
recipient first receives
[[Page 123 STAT. 1168]]
grant funds for the year, the Secretary
shall determine whether the grant
recipient has made sufficient progress
during the year to justify additional
funding.
(II) Effect of determination.--If
the Secretary determines under subclause
(I) that the progress of a grant
recipient during the year justifies
additional funding, the Secretary shall
provide to the grant recipient grant
funds for the following year.
(iv) Advancement condition.--A grant recipient
shall not be eligible to receive a third-phase
grant under subparagraph (C) until the date on
which the Secretary determines that the grant
recipient has--
(I) completed each requirement of
the second-phase grant; and
(II) demonstrated that 1 or more
pilot projects of the grant recipient
have resulted in demonstrable
improvements, as determined by the
Secretary, in the functioning condition
of at least 1 river or stream in the
watershed.
(C) Third phase.--
(i) Funding limitation.--
(I) In general.--Except as provided
in subclause (II), the Secretary may
provide to a grant recipient a third-
phase grant in an amount not greater
than $5,000,000 for a period of not more
than 5 years.
(II) Exception.--The Secretary may
provide to a grant recipient a third-
phase grant in an amount that is greater
than the amount described in subclause
(I) if the Secretary determines that the
grant recipient is capable of using the
additional amount to further the
purposes of the program in a way that
could not otherwise be achieved by the
grant recipient using the amount
described in subclause (I).
(ii) Mandatory use of funds.--A grant
recipient that receives a third-phase grant shall
use the funds to plan and carry out at least 1
watershed management project.
(3) Authorizing use of funds for administrative and other
costs.--A grant recipient that receives a grant under this
section may use the funds--
(A) to pay for--
(i) administrative and coordination costs, if
the costs are not greater than the lesser of--
(I) 20 percent of the total amount
of the grant; or
(II) $100,000;
(ii) the salary of not more than 1 full-time
employee of the watershed group; and
(iii) any legal fees arising from the
establishment of the relevant watershed group; and
(B) to fund--
(i) water quality and quantity studies of the
relevant watershed; and
[[Page 123 STAT. 1169]]
(ii) the planning, design, and implementation
of any projects relating to water quality or
quantity.
(d) Cost Share.--
(1) Planning.--The Federal share of the cost of an activity
provided assistance through a first-phase grant shall be 100
percent.
(2) Projects carried out under second phase.--
(A) In general.--The Federal share of the cost of
any activity of a watershed management project provided
assistance through a second-phase grant shall not exceed
50 percent of the total cost of the activity.
(B) Form of non-federal share.--The non-Federal
share under subparagraph (A) may be in the form of in-
kind contributions.
(3) Projects carried out under third phase.--
(A) In general.--The Federal share of the costs of
any activity of a watershed group of a grant recipient
relating to a watershed management project provided
assistance through a third-phase grant shall not exceed
50 percent of the total costs of the watershed
management project.
(B) Form of non-federal share.--The non-Federal
share under subparagraph (A) may be in the form of in-
kind contributions.
(e) Annual Reports.--
(1) In general.--Not later than 1 year after the date on
which a grant recipient first receives funds under this section,
and annually thereafter, in accordance with paragraph (2), the
watershed group shall submit to the Secretary a report that
describes the progress of the watershed group.
(2) Required degree of detail.--The contents of an annual
report required under paragraph (1) shall contain sufficient
information to enable the Secretary to complete each report
required under subsection (f), as determined by the Secretary.
(f) Report.--Not later than 5 years after the date of enactment of
this Act, and every 5 years thereafter, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that describes--
(1) the ways in which the program assists the Secretary--
(A) in addressing water conflicts;
(B) in conserving water;
(C) in improving water quality; and
(D) in improving the ecological resiliency of a
river or stream; and
(2) benefits that the program provides, including, to the
maximum extent practicable, a quantitative analysis of economic,
social, and environmental benefits.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $2,000,000 for each of fiscal years 2008 and 2009;
(2) $5,000,000 for fiscal year 2010;
(3) $10,000,000 for fiscal year 2011; and
(4) $20,000,000 for each of fiscal years 2012 through 2020.
[[Page 123 STAT. 1170]]
SEC. 6003. <<NOTE: 16 USC 1015b.>> EFFECT OF SUBTITLE.
Nothing in this subtitle affects the applicability of any Federal,
State, or local law with respect to any watershed group.
Subtitle B--Competitive Status for Federal Employees in Alaska
SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES IN THE
STATE OF ALASKA.
Section 1308 of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3198) is amended by adding at the end the following:
``(e) Competitive Status.--
``(1) In general.--Nothing in subsection (a) provides that
any person hired pursuant to the program established under that
subsection is not eligible for competitive status in the same
manner as any other employee hired as part of the competitive
service.
``(2) <<NOTE: Deadlines.>> Redesignation of certain
positions.--
``(A) Persons serving in original positions.--Not
later than 60 days after the date of enactment of this
subsection, with respect to any person hired into a
permanent position pursuant to the program established
under subsection (a) who is serving in that position as
of the date of enactment of this subsection, the
Secretary shall redesignate that position and the person
serving in that position as having been part of the
competitive service as of the date that the person was
hired into that position.
``(B) Persons no longer serving in original
positions.--With respect to any person who was hired
pursuant to the program established under subsection (a)
that is no longer serving in that position as of the
date of enactment of this subsection--
``(i) the person may provide to the Secretary
a request for redesignation of the service as part
of the competitive service that includes evidence
of the employment; and
``(ii) not later than 90 days of the
submission of a request under clause (i), the
Secretary shall redesignate the service of the
person as being part of the competitive
service.''.
Subtitle C--Wolf <<NOTE: 7 USC 426 note.>> Livestock Loss Demonstration
Project
SEC. 6201. DEFINITIONS.
In this subtitle:
(1) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(2) Livestock.--The term ``livestock'' means cattle, swine,
horses, mules, sheep, goats, livestock guard animals, and other
domestic animals, as determined by the Secretary.
[[Page 123 STAT. 1171]]
(3) Program.--The term ``program'' means the demonstration
program established under section 6202(a).
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
SEC. 6202. WOLF COMPENSATION AND PREVENTION PROGRAM.
(a) <<NOTE: Grants.>> In General.--The Secretaries shall establish
a 5-year demonstration program to provide grants to States and Indian
tribes--
(1) to assist livestock producers in undertaking proactive,
non-lethal activities to reduce the risk of livestock loss due
to predation by wolves; and
(2) to compensate livestock producers for livestock losses
due to such predation.
(b) Criteria and Requirements.--The Secretaries shall--
(1) establish criteria and requirements to implement the
program; and
(2) <<NOTE: Consultation.>> when promulgating regulations
to implement the program under paragraph (1), consult with
States that have implemented State programs that provide
assistance to--
(A) livestock producers to undertake proactive
activities to reduce the risk of livestock loss due to
predation by wolves; or
(B) provide compensation to livestock producers for
livestock losses due to such predation.
(c) Eligibility.--To be eligible to receive a grant under subsection
(a), a State or Indian tribe shall--
(1) designate an appropriate agency of the State or Indian
tribe to administer the 1 or more programs funded by the grant;
(2) establish 1 or more accounts to receive grant funds;
(3) <<NOTE: Records.>> maintain files of all claims
received under programs funded by the grant, including
supporting documentation;
(4) <<NOTE: Reports.>> submit to the Secretary--
(A) annual reports that include--
(i) a summary of claims and expenditures under
the program during the year; and
(ii) a description of any action taken on the
claims; and
(B) such other reports as the Secretary may require
to assist the Secretary in determining the effectiveness
of activities provided assistance under this section;
and
(5) <<NOTE: Regulations.>> promulgate rules for reimbursing
livestock producers under the program.
(d) Allocation of Funding.--The Secretaries shall allocate funding
made available to carry out this subtitle--
(1) equally between the uses identified in paragraphs (1)
and (2) of subsection (a); and
(2) among States and Indian tribes based on--
(A) the level of livestock predation in the State or
on the land owned by, or held in trust for the benefit
of, the Indian tribe;
(B) whether the State or Indian tribe is located in
a geographical area that is at high risk for livestock
predation; or
(C) any other factors that the Secretaries determine
are appropriate.
[[Page 123 STAT. 1172]]
(e) Eligible Land.--Activities and losses described in subsection
(a) may occur on Federal, State, or private land, or land owned by, or
held in trust for the benefit of, an Indian tribe.
(f) Federal Cost Share.--The Federal share of the cost of any
activity provided assistance made available under this subtitle shall
not exceed 50 percent of the total cost of the activity.
SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
$1,000,000 for fiscal year 2009 and each fiscal year thereafter.
Subtitle D--Paleontological Resources Preservation
SEC. 6301. <<NOTE: 16 USC 470aaa.>> DEFINITIONS.
In this subtitle:
(1) Casual collecting.--The term ``casual collecting'' means
the collecting of a reasonable amount of common invertebrate and
plant paleontological resources for non-commercial personal use,
either by surface collection or the use of non-powered hand
tools resulting in only negligible disturbance to the Earth's
surface and other resources. As used in this paragraph, the
terms ``reasonable amount'', ``common invertebrate and plant
paleontological resources'' and ``negligible disturbance'' shall
be determined by the Secretary.
(2) Federal land.--The term ``Federal land'' means--
(A) land controlled or administered by the Secretary
of the Interior, except Indian land; or
(B) National Forest System land controlled or
administered by the Secretary of Agriculture.
(3) Indian land.--The term ``Indian Land'' means land of
Indian tribes, or Indian individuals, which are either held in
trust by the United States or subject to a restriction against
alienation imposed by the United States.
(4) Paleontological resource.--The term ``paleontological
resource'' means any fossilized remains, traces, or imprints of
organisms, preserved in or on the earth's crust, that are of
paleontological interest and that provide information about the
history of life on earth, except that the term does not
include--
(A) any materials associated with an archaeological
resource (as defined in section 3(1) of the
Archaeological Resources Protection Act of 1979 (16
U.S.C. 470bb(1)); or
(B) any cultural item (as defined in section 2 of
the Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior with respect to land controlled or administered
by the Secretary of the Interior or the Secretary of Agriculture
with respect to National Forest System land controlled or
administered by the Secretary of Agriculture.
(6) State.--The term ``State'' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
other territory or possession of the United States.
[[Page 123 STAT. 1173]]
SEC. 6302. <<NOTE: 16 USC 470aaa-1.>> MANAGEMENT.
(a) In General.--The Secretary shall manage and protect
paleontological resources on Federal land using scientific principles
and expertise. <<NOTE: Plans.>> The Secretary shall develop appropriate
plans for inventory, monitoring, and the scientific and educational use
of paleontological resources, in accordance with applicable agency laws,
regulations, and policies. These plans shall emphasize interagency
coordination and collaborative efforts where possible with non-Federal
partners, the scientific community, and the general public.
(b) Coordination.--To the extent possible, the Secretary of the
Interior and the Secretary of Agriculture shall coordinate in the
implementation of this subtitle.
SEC. 6303. <<NOTE: 16 USC 470aaa-2.>> PUBLIC AWARENESS AND
EDUCATION PROGRAM.
The Secretary shall establish a program to increase public awareness
about the significance of paleontological resources.
SEC. 6304. <<NOTE: 16 USC 470aaa-3.>> COLLECTION OF
PALEONTOLOGICAL RESOURCES.
(a) Permit Requirement.--
(1) In general.--Except as provided in this subtitle, a
paleontological resource may not be collected from Federal land
without a permit issued under this subtitle by the Secretary.
(2) Casual collecting exception.--The Secretary shall allow
casual collecting without a permit on Federal land controlled or
administered by the Bureau of Land Management, the Bureau of
Reclamation, and the Forest Service, where such collection is
consistent with the laws governing the management of those
Federal land and this subtitle.
(3) Previous permit exception.--Nothing in this section
shall affect a valid permit issued prior to the date of
enactment of this Act.
(b) Criteria for Issuance of a Permit.--The Secretary may issue a
permit for the collection of a paleontological resource pursuant to an
application if the Secretary determines that--
(1) the applicant is qualified to carry out the permitted
activity;
(2) the permitted activity is undertaken for the purpose of
furthering paleontological knowledge or for public education;
(3) the permitted activity is consistent with any management
plan applicable to the Federal land concerned; and
(4) the proposed methods of collecting will not threaten
significant natural or cultural resources.
(c) Permit Specifications.--A permit for the collection of a
paleontological resource issued under this section shall contain such
terms and conditions as the Secretary deems necessary to carry out the
purposes of this subtitle. Every permit shall include requirements
that--
(1) the paleontological resource that is collected from
Federal land under the permit will remain the property of the
United States;
(2) the paleontological resource and copies of associated
records will be preserved for the public in an approved
repository, to be made available for scientific research and
public education; and
[[Page 123 STAT. 1174]]
(3) specific locality data will not be released by the
permittee or repository without the written permission of the
Secretary.
(d) Modification, Suspension, and Revocation of Permits.--
(1) The Secretary may modify, suspend, or revoke a permit
issued under this section--
(A) for resource, safety, or other management
considerations; or
(B) when there is a violation of term or condition
of a permit issued pursuant to this section.
(2) The permit shall be revoked if any person working under
the authority of the permit is convicted under section 6306 or
is assessed a civil penalty under section 6307.
(e) Area Closures.--In order to protect paleontological or other
resources or to provide for public safety, the Secretary may restrict
access to or close areas under the Secretary's jurisdiction to the
collection of paleontological resources.
SEC. 6305. <<NOTE: 16 USC 470aaa-4.>> CURATION OF RESOURCES.
Any paleontological resource, and any data and records associated
with the resource, collected under a permit, shall be deposited in an
approved repository. The Secretary may enter into agreements with non-
Federal repositories regarding the curation of these resources, data,
and records.
SEC. 6306. <<NOTE: 16 USC 470aaa-5.>> PROHIBITED ACTS; CRIMINAL
PENALTIES.
(a) In General.--A person may not--
(1) excavate, remove, damage, or otherwise alter or deface
or attempt to excavate, remove, damage, or otherwise alter or
deface any paleontological resources located on Federal land
unless such activity is conducted in accordance with this
subtitle;
(2) exchange, transport, export, receive, or offer to
exchange, transport, export, or receive any paleontological
resource if the person knew or should have known such resource
to have been excavated or removed from Federal land in violation
of any provisions, rule, regulation, law, ordinance, or permit
in effect under Federal law, including this subtitle; or
(3) sell or purchase or offer to sell or purchase any
paleontological resource if the person knew or should have known
such resource to have been excavated, removed, sold, purchased,
exchanged, transported, or received from Federal land.
(b) False Labeling Offenses.--A person may not make or submit any
false record, account, or label for, or any false identification of, any
paleontological resource excavated or removed from Federal land.
(c) Penalties.--A person who knowingly violates or counsels,
procures, solicits, or employs another person to violate subsection (a)
or (b) shall, upon conviction, be fined in accordance with title 18,
United States Code, or imprisoned not more than 5 years, or both; but if
the sum of the commercial and paleontological value of the
paleontological resources involved and the cost of restoration and
repair of such resources does not exceed $500, such person shall be
fined in accordance with title 18, United States Code, or imprisoned not
more than 2 years, or both.
[[Page 123 STAT. 1175]]
(d) Multiple Offenses.--In the case of a second or subsequent
violation by the same person, the amount of the penalty assessed under
subsection (c) may be doubled.
(e) General Exception.--Nothing in subsection (a) shall apply to any
person with respect to any paleontological resource which was in the
lawful possession of such person prior to the date of enactment of this
Act.
SEC. 6307. <<NOTE: 16 USC 470aaa-6.>> CIVIL PENALTIES.
(a) In General.--
(1) <<NOTE: Notification.>> Hearing.--A person who violates
any prohibition contained in an applicable regulation or permit
issued under this subtitle may be assessed a penalty by the
Secretary after the person is given notice and opportunity for a
hearing with respect to the violation. Each violation shall be
considered a separate offense for purposes of this section.
(2) <<NOTE: Regulations.>> Amount of penalty.--The amount
of such penalty assessed under paragraph (1) shall be determined
under regulations promulgated pursuant to this subtitle, taking
into account the following factors:
(A) The scientific or fair market value, whichever
is greater, of the paleontological resource involved, as
determined by the Secretary.
(B) The cost of response, restoration, and repair of
the resource and the paleontological site involved.
(C) Any other factors considered relevant by the
Secretary assessing the penalty.
(3) Multiple offenses.--In the case of a second or
subsequent violation by the same person, the amount of a penalty
assessed under paragraph (2) may be doubled.
(4) Limitation.--The amount of any penalty assessed under
this subsection for any 1 violation shall not exceed an amount
equal to double the cost of response, restoration, and repair of
resources and paleontological site damage plus double the
scientific or fair market value of resources destroyed or not
recovered.
(b) <<NOTE: Deadlines.>> Petition for Judicial Review; Collection
of Unpaid Assessments.--
(1) Judicial review.--Any person against whom an order is
issued assessing a penalty under subsection (a) may file a
petition for judicial review of the order in the United States
District Court for the District of Columbia or in the district
in which the violation is alleged to have occurred within the
30-day period beginning on the date the order making the
assessment was issued. <<NOTE: Records.>> Upon notice of such
filing, the Secretary shall promptly file such a certified copy
of the record on which the order was issued. The court shall
hear the action on the record made before the Secretary and
shall sustain the action if it is supported by substantial
evidence on the record considered as a whole.
(2) Failure to pay.--If any person fails to pay a penalty
under this section within 30 days--
(A) after the order making assessment has become
final and the person has not filed a petition for
judicial review of the order in accordance with
paragraph (1); or
(B) after a court in an action brought in paragraph
(1) has entered a final judgment upholding the
assessment
[[Page 123 STAT. 1176]]
of the penalty, the Secretary may request the Attorney
General to institute a civil action in a district court
of the United States for any district in which the
person if found, resides, or transacts business, to
collect the penalty (plus interest at currently
prevailing rates from the date of the final order or the
date of the final judgment, as the case may be). The
district court shall have jurisdiction to hear and
decide any such action. In such action, the validity,
amount, and appropriateness of such penalty shall not be
subject to review. Any person who fails to pay on a
timely basis the amount of an assessment of a civil
penalty as described in the first sentence of this
paragraph shall be required to pay, in addition to such
amount and interest, attorneys fees and costs for
collection proceedings.
(c) Hearings.--Hearings held during proceedings instituted under
subsection (a) shall be conducted in accordance with section 554 of
title 5, United States Code.
(d) Use of Recovered Amounts.--Penalties collected under this
section shall be available to the Secretary and without further
appropriation may be used only as follows:
(1) To protect, restore, or repair the paleontological
resources and sites which were the subject of the action, and to
protect, monitor, and study the resources and sites.
(2) To provide educational materials to the public about
paleontological resources and sites.
(3) To provide for the payment of rewards as provided in
section 6308.
SEC. 6308. <<NOTE: 16 USC 470aaa-7.>> REWARDS AND FORFEITURE.
(a) Rewards.--The Secretary may pay from penalties collected under
section 6306 or 6307 or from appropriated funds--
(1) consistent with amounts established in regulations by
the Secretary; or
(2) if no such regulation exists, an amount up to \1/2\ of
the penalties, to any person who furnishes information which
leads to the finding of a civil violation, or the conviction of
criminal violation, with respect to which the penalty was paid.
If several persons provided the information, the amount shall be
divided among the persons. No officer or employee of the United
States or of any State or local government who furnishes
information or renders service in the performance of his
official duties shall be eligible for payment under this
subsection.
(b) Forfeiture.--All paleontological resources with respect to which
a violation under section 6306 or 6307 occurred and which are in the
possession of any person, shall be subject to civil forfeiture, or upon
conviction, to criminal forfeiture.
(c) Transfer of Seized Resources.--The Secretary may transfer
administration of seized paleontological resources to Federal or non-
Federal educational institutions to be used for scientific or
educational purposes.
SEC. 6309. <<NOTE: 16 USC 470aaa-8.>> CONFIDENTIALITY.
Information concerning the nature and specific location of a
paleontological resource shall be exempt from disclosure under section
552 of title 5, United States Code, and any other law unless the
Secretary determines that disclosure would--
(1) further the purposes of this subtitle;
[[Page 123 STAT. 1177]]
(2) not create risk of harm to or theft or destruction of
the resource or the site containing the resource; and
(3) be in accordance with other applicable laws.
SEC. 6310. <<NOTE: Notice. Public comment. 16 USC 470aaa-9.>>
REGULATIONS.
As soon as practical after the date of enactment of this Act, the
Secretary shall issue such regulations as are appropriate to carry out
this subtitle, providing opportunities for public notice and comment.
SEC. 6311. <<NOTE: 16 USC 470aaa-10.>> SAVINGS PROVISIONS.
Nothing in this subtitle shall be construed to--
(1) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time under the general mining laws, the mineral
or geothermal leasing laws, laws providing for minerals
materials disposal, or laws providing for the management or
regulation of the activities authorized by the aforementioned
laws including but not limited to the Federal Land Policy
Management Act (43 U.S.C. 1701-1784), Public Law 94-429
(commonly known as the ``Mining in the Parks Act'') (16 U.S.C.
1901 et seq.), the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201-1358), and the Organic Administration Act
(16 U.S.C. 478, 482, 551);
(2) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time under existing laws and authorities
relating to reclamation and multiple uses of Federal land;
(3) apply to, or require a permit for, casual collecting of
a rock, mineral, or invertebrate or plant fossil that is not
protected under this subtitle;
(4) affect any land other than Federal land or affect the
lawful recovery, collection, or sale of paleontological
resources from land other than Federal land;
(5) alter or diminish the authority of a Federal agency
under any other law to provide protection for paleontological
resources on Federal land in addition to the protection provided
under this subtitle; or
(6) create any right, privilege, benefit, or entitlement for
any person who is not an officer or employee of the United
States acting in that capacity. No person who is not an officer
or employee of the United States acting in that capacity shall
have standing to file any civil action in a court of the United
States to enforce any provision or amendment made by this
subtitle.
SEC. 6312. <<NOTE: 16 USC 470aaa-11.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
Subtitle E--Izembek <<NOTE: Alaska. 16 USC 668dd note.>> National
Wildlife Refuge Land Exchange
SEC. 6401. DEFINITIONS.
In this subtitle:
[[Page 123 STAT. 1178]]
(1) Corporation.--The term ``Corporation'' means the King
Cove Corporation.
(2) Federal land.--The term ``Federal land'' means--
(A) the approximately 206 acres of Federal land
located within the Refuge, as generally depicted on the
map; and
(B) the approximately 1,600 acres of Federal land
located on Sitkinak Island, as generally depicted on the
map.
(3) Map.--The term ``map'' means each of--
(A) the map entitled ``Izembek and Alaska Peninsula
National Wildlife Refuges'' and dated September 2, 2008;
and
(B) the map entitled ``Sitkinak Island-Alaska
Maritime National Wildlife Refuge'' and dated September
2, 2008.
(4) Non-federal land.--The term ``non-Federal land'' means--
(A) the approximately 43,093 acres of land owned by
the State, as generally depicted on the map; and
(B) the approximately 13,300 acres of land owned by
the Corporation (including approximately 5,430 acres of
land for which the Corporation shall relinquish the
selection rights of the Corporation under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) as
part of the land exchange under section 6402(a)), as
generally depicted on the map.
(5) Refuge.--The term ``Refuge'' means the Izembek National
Wildlife Refuge.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Alaska.
(8) Tribe.--The term ``Tribe'' means the Agdaagux Tribe of
King Cove, Alaska.
SEC. 6402. LAND EXCHANGE.
(a) <<NOTE: Notification. King Cove Corporation.>> In General.--
Upon receipt of notification by the State and the Corporation of the
intention of the State and the Corporation to exchange the non-Federal
land for the Federal land, subject to the conditions and requirements
described in this subtitle, the Secretary may convey to the State all
right, title, and interest of the United States in and to the Federal
land. The Federal land within the Refuge shall be transferred for the
purpose of constructing a single-lane gravel road between the
communities of King Cove and Cold Bay, Alaska.
(b) Compliance With National Environmental Policy Act of 1969 and
Other Applicable Laws.--
(1) In general.--In determining whether to carry out the
land exchange under subsection (a), the Secretary shall--
(A) comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) except as provided in subsection (c), comply
with any other applicable law (including regulations).
(2) Environmental impact statement.--
(A) <<NOTE: Deadline.>> In general.--Not later than
60 days after the date on which the Secretary receives
notification under subsection (a), the Secretary shall
initiate the preparation of an environmental impact
statement required under the
[[Page 123 STAT. 1179]]
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(B) Requirements.--The environmental impact
statement prepared under subparagraph (A) shall
contain--
(i) an analysis of--
(I) the proposed land exchange; and
(II) the potential construction and
operation of a road between the
communities of King Cove and Cold Bay,
Alaska; and
(ii) an evaluation of a specific road corridor
through the Refuge that is identified in
consultation with the State, the City of King
Cove, Alaska, and the Tribe.
(3) Cooperating agencies.--
(A) In general.--During the preparation of the
environmental impact statement under paragraph (2), each
entity described in subparagraph (B) may participate as
a cooperating agency.
(B) Authorized entities.--An authorized entity may
include--
(i) any Federal agency that has permitting
jurisdiction over the road described in paragraph
(2)(B)(i)(II);
(ii) the State;
(iii) the Aleutians East Borough of the State;
(iv) the City of King Cove, Alaska;
(v) the Tribe; and
(vi) the Alaska Migratory Bird Co-Management
Council.
(c) Valuation.--The conveyance of the Federal land and non-Federal
land under this section shall not be subject to any requirement under
any Federal law (including regulations) relating to the valuation,
appraisal, or equalization of land.
(d) Public Interest Determination.--
(1) Conditions for land exchange.--Subject to paragraph (2),
to carry out the land exchange under subsection (a), the
Secretary shall determine that the land exchange (including the
construction of a road between the City of King Cove, Alaska,
and the Cold Bay Airport) is in the public interest.
(2) Limitation of authority of secretary.--The Secretary may
not, as a condition for a finding that the land exchange is in
the public interest--
(A) require the State or the Corporation to convey
additional land to the United States; or
(B) <<NOTE: Waterfowl.>> impose any restriction on
the subsistence uses (as defined in section 803 of the
Alaska National Interest Lands Conservation Act (16
U.S.C. 3113)) of waterfowl by rural residents of the
State.
(e) Kinzaroff Lagoon.--The land exchange under subsection (a) shall
not be carried out before the date on which the parcel of land owned by
the State that is located in the Kinzaroff Lagoon has been designated by
the State as a State refuge, in accordance with the applicable laws
(including regulations) of the State.
(f) Designation of Road Corridor.--In designating the road corridor
described in subsection (b)(2)(B)(ii), the Secretary shall--
(1) minimize the adverse impact of the road corridor on the
Refuge;
[[Page 123 STAT. 1180]]
(2) transfer the minimum acreage of Federal land that is
required for the construction of the road corridor; and
(3) to the maximum extent practicable, incorporate into the
road corridor roads that are in existence as of the date of
enactment of this Act.
(g) Additional Terms and Conditions.--The land exchange under
subsection (a) shall be subject to any other term or condition that the
Secretary determines to be necessary.
SEC. 6403. KING COVE ROAD.
(a) Requirements Relating to Use, Barrier Cables, and Dimensions.--
(1) Limitations on use.--
(A) In general.--Except as provided in subparagraph
(B), any portion of the road constructed on the Federal
land conveyed pursuant to this subtitle shall be used
primarily for health and safety purposes (including
access to and from the Cold Bay Airport) and only for
noncommercial purposes.
(B) Exceptions.--Notwithstanding subparagraph (A),
the use of taxis, commercial vans for public
transportation, and shared rides (other than organized
transportation of employees to a business or other
commercial facility) shall be allowed on the road
described in subparagraph (A).
(C) Requirement of agreement.--The limitations of
the use of the road described in this paragraph shall be
enforced in accordance with an agreement entered into
between the Secretary and the State.
(2) Requirement of barrier cable.--The road described in
paragraph (1)(A) shall be constructed to include a cable barrier
on each side of the road, as described in the record of decision
entitled ``Mitigation Measure MM-11, King Cove Access Project
Final Environmental Impact Statement Record of Decision'' and
dated January 22, 2004, unless a different type barrier is
required as a mitigation measure in the Record of Decision for
Final Environmental Impact Statement required in section
6402(b)(2).
(3) Required dimensions and design features.--The road
described in paragraph (1)(A) shall--
(A) have a width of not greater than a single lane,
in accordance with the applicable road standards of the
State;
(B) be constructed with gravel;
(C) be constructed to comply with any specific
design features identified in the Record of Decision for
Final Environmental Impact Statement required in section
6402(b)(2) as Mitigation Measures relative to the
passage and migration of wildlife, and also the exchange
of tidal flows, where applicable, in accordance with
applicable Federal and State design standards; and
(D) if determined to be necessary, be constructed to
include appropriate safety pullouts.
(b) Support Facilities.--Support facilities for the road described
in subsection (a)(1)(A) shall not be located within the Refuge.
(c) <<NOTE: Deadline.>> Federal Permits.--It is the intent of
Congress that any Federal permit required for construction of the road
be issued
[[Page 123 STAT. 1181]]
or denied not later than 1 year after the date of application for the
permit.
(d) Applicable Law.--Nothing in this section amends, or modifies the
application of, section 1110 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3170).
(e) Mitigation Plan.--
(1) In general.--Based on the evaluation of impacts
determined through the completion of the environmental impact
statement under section 6402(b)(2), the Secretary, in
consultation with the entities described in section
6402(b)(3)(B), shall develop an enforceable mitigation plan.
(2) Corrective modifications.--The Secretary may make
corrective modifications to the mitigation plan developed under
paragraph (1) if--
(A) the mitigation standards required under the
mitigation plan are maintained; and
(B) the Secretary provides an opportunity for public
comment with respect to any proposed corrective
modification.
(3) Avoidance of wildlife impacts.--Road construction shall
adhere to any specific mitigation measures included in the
Record of Decision for Final Environmental Impact Statement
required in section 6402(b)(2) that--
(A) identify critical periods during the calendar
year when the refuge is utilized by wildlife, especially
migratory birds; and
(B) include specific mandatory strategies to alter,
limit or halt construction activities during identified
high risk periods in order to minimize impacts to
wildlife, and
(C) allow for the timely construction of the road.
(4) Mitigation of wetland loss.--The plan developed under
this subsection shall comply with section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) with regard to
minimizing, to the greatest extent practicable, the filling,
fragmentation or loss of wetlands, especially intertidal
wetlands, and shall evaluate mitigating effect of those wetlands
transferred in Federal ownership under the provisions of this
subtitle.
SEC. 6404. ADMINISTRATION OF CONVEYED LANDS.
(1) Federal land.--Upon completion of the land exchange
under section 6402(a)--
(A) the boundary of the land designated as
wilderness within the Refuge shall be modified to
exclude the Federal land conveyed to the State under the
land exchange; and
(B) the Federal land located on Sitkinak Island that
is withdrawn for use by the Coast Guard shall, at the
request of the State, be transferred by the Secretary to
the State upon the relinquishment or termination of the
withdrawal.
(2) Non-federal land.--Upon completion of the land exchange
under section 6402(a), the non-Federal land conveyed to the
United States under this subtitle shall be--
(A) added to the Refuge or the Alaska Peninsula
National Wildlife Refuge, as appropriate, as generally
depicted on the map; and
[[Page 123 STAT. 1182]]
(B) administered in accordance with the laws
generally applicable to units of the National Wildlife
Refuge System.
(3) <<NOTE: 16 USC 1132 note.>> Wilderness additions.--
(A) In general.--Upon completion of the land
exchange under section 6402(a), approximately 43,093
acres of land as generally depicted on the map shall be
added to--
(i) the Izembek National Wildlife Refuge
Wilderness; or
(ii) the Alaska Peninsula National Wildlife
Refuge Wilderness.
(B) Administration.--The land added as wilderness
under subparagraph (A) shall be administered by the
Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and other applicable laws
(including regulations).
SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.
(a) Notification To Void Land Exchange.--If the Secretary, the
State, and the Corporation enter into the land exchange authorized under
section 6402(a), the State or the Corporation may notify the Secretary
in writing of the intention of the State or Corporation to void the
exchange if construction of the road through the Refuge has not begun.
(b) Disposition of Land Exchange.--Upon the latter of the date on
which the Secretary receives a request under subsection (a), and the
date on which the Secretary determines that the Federal land conveyed
under the land exchange under section 6402(a) has not been adversely
impacted (other than any nominal impact associated with the preparation
of an environmental impact statement under section 6402(b)(2)), the land
exchange shall be null and void.
(c) Return of Prior Ownership Status of Federal and Non-Federal
Land.--If the land exchange is voided under subsection (b)--
(1) the Federal land and non-Federal land shall be returned
to the respective ownership status of each land prior to the
land exchange;
(2) the parcel of the Federal land that is located in the
Refuge shall be managed as part of the Izembek National Wildlife
Refuge Wilderness; and
(3) each selection of the Corporation under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that was
relinquished under this subtitle shall be reinstated.
SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.
(a) In General.--Any legislative authority for construction of a
road shall expire at the end of the 7-year period beginning on the date
of the enactment of this subtitle unless a construction permit has been
issued during that period.
(b) Extension of Authority.--If a construction permit is issued
within the allotted period, the 7-year authority shall be extended for a
period of 5 additional years beginning on the date of issuance of the
construction permit.
(c) Extension of Authority as Result of Legal Challenges.--
(1) In general.--Prior to the issuance of a construction
permit, if a lawsuit or administrative appeal is filed
challenging
[[Page 123 STAT. 1183]]
the land exchange or construction of the road (including a
challenge to the NEPA process, decisions, or any required permit
process required to complete construction of the road), the 7-
year deadline or the five-year extension period, as appropriate,
shall be extended for a time period equivalent to the time
consumed by the full adjudication of the legal challenge or
related administrative process.
(2) Injunction.--After a construction permit has been
issued, if a court issues an injunction against construction of
the road, the 7-year deadline or 5-year extension, as
appropriate, shall be extended for a time period equivalent to
time period that the injunction is in effect.
(d) Applicability of Section 6405.--Upon the expiration of the
legislative authority under this section, if a road has not been
constructed, the land exchange shall be null and void and the land
ownership shall revert to the respective ownership status prior to the
land exchange as provided in section 6405.
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Additions to the National Park System
SEC. 7001. <<NOTE: 16 USC 410lll.>> PATERSON GREAT FALLS NATIONAL
HISTORICAL PARK, NEW JERSEY.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Paterson, New
Jersey.
(2) Commission.--The term ``Commission'' means the Paterson
Great Falls National Historical Park Advisory Commission
established by subsection (e)(1).
(3) Historic district.--The term ``Historic District'' means
the Great Falls Historic District in the State.
(4) Management plan.--The term ``management plan'' means the
management plan for the Park developed under subsection (d).
(5) Map.--The term ``Map'' means the map entitled ``Paterson
Great Falls National Historical Park-Proposed Boundary'',
numbered T03/80,001, and dated May 2008.
(6) Park.--The term ``Park'' means the Paterson Great Falls
National Historical Park established by subsection (b)(1)(A).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of New
Jersey.
(b) Paterson Great Falls National Historical Park.--
(1) Establishment.--
(A) In general.--Subject to subparagraph (B), there
is established in the State a unit of the National Park
System to be known as the ``Paterson Great Falls
National Historical Park''.
[[Page 123 STAT. 1184]]
(B) Conditions for establishment.--The Park shall
not be established until the date on which the Secretary
determines that--
(i)(I) the Secretary has acquired sufficient
land or an interest in land within the boundary of
the Park to constitute a manageable unit; or
(II) <<NOTE: Contract.>> the State or City,
as appropriate, has entered into a written
agreement with the Secretary to donate--
(aa) the Great Falls State Park,
including facilities for Park
administration and visitor services; or
(bb) any portion of the Great Falls
State Park agreed to between the
Secretary and the State or City; and
(ii) the Secretary has entered into a written
agreement with the State, City, or other public
entity, as appropriate, providing that--
(I) land owned by the State, City,
or other public entity within the
Historic District will be managed
consistent with this section; and
(II) future uses of land within the
Historic District will be compatible
with the designation of the Park.
(2) Purpose.--The purpose of the Park is to preserve and
interpret for the benefit of present and future generations
certain historical, cultural, and natural resources associated
with the Historic District.
(3) Boundaries.--The Park shall include the following sites,
as generally depicted on the Map:
(A) The upper, middle, and lower raceways.
(B) Mary Ellen Kramer (Great Falls) Park and
adjacent land owned by the City.
(C) A portion of Upper Raceway Park, including the
Ivanhoe Wheelhouse and the Society for Establishing
Useful Manufactures Gatehouse.
(D) Overlook Park and adjacent land, including the
Society for Establishing Useful Manufactures
Hydroelectric Plant and Administration Building.
(E) The Allied Textile Printing site, including the
Colt Gun Mill ruins, Mallory Mill ruins, Waverly Mill
ruins, and Todd Mill ruins.
(F) The Rogers Locomotive Company Erecting Shop,
including the Paterson Museum.
(G) The Great Falls Visitor Center.
(4) Availability of map.--The Map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(5) <<NOTE: Deadline. Federal Register, publication.>>
Publication of notice.--Not later than 60 days after the date on
which the conditions in clauses (i) and (ii) of paragraph (1)(B)
are satisfied, the Secretary shall publish in the Federal
Register notice of the establishment of the Park, including an
official boundary map for the Park.
(c) Administration.--
(1) In general.--The Secretary shall administer the Park in
accordance with--
(A) this section; and
[[Page 123 STAT. 1185]]
(B) the laws generally applicable to units of the
National Park System, including--
(i) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C. 461
et seq.).
(2) State and local jurisdiction.--Nothing in this section
enlarges, diminishes, or modifies any authority of the State, or
any political subdivision of the State (including the City)--
(A) to exercise civil and criminal jurisdiction; or
(B) to carry out State laws (including regulations)
and rules on non-Federal land located within the
boundary of the Park.
(3) Cooperative agreements.--
(A) In general.--As the Secretary determines to be
appropriate to carry out this section, the Secretary may
enter into cooperative agreements with the owner of the
Great Falls Visitor Center or any nationally significant
properties within the boundary of the Park under which
the Secretary may identify, interpret, restore, and
provide technical assistance for the preservation of the
properties.
(B) Right of access.--A cooperative agreement
entered into under subparagraph (A) shall provide that
the Secretary, acting through the Director of the
National Park Service, shall have the right of access at
all reasonable times to all public portions of the
property covered by the agreement for the purposes of--
(i) conducting visitors through the
properties; and
(ii) interpreting the properties for the
public.
(C) Changes or alterations.--No changes or
alterations shall be made to any properties covered by a
cooperative agreement entered into under subparagraph
(A) unless the Secretary and the other party to the
agreement agree to the changes or alterations.
(D) Conversion, use, or disposal.--Any payment made
by the Secretary under this paragraph shall be subject
to an agreement that the conversion, use, or disposal of
a project for purposes contrary to the purposes of this
section, as determined by the Secretary, shall entitle
the United States to reimbursement in amount equal to
the greater of--
(i) the amounts made available to the project
by the United States; or
(ii) the portion of the increased value of the
project attributable to the amounts made available
under this paragraph, as determined at the time of
the conversion, use, or, disposal.
(E) Matching funds.--
(i) In general.--As a condition of the receipt
of funds under this paragraph, the Secretary shall
require that any Federal funds made available
under a cooperative agreement shall be matched on
a 1-to-1 basis by non-Federal funds.
(ii) Form.--With the approval of the
Secretary, the non-Federal share required under
clause (i) may
[[Page 123 STAT. 1186]]
be in the form of donated property, goods, or
services from a non-Federal source.
(4) Acquisition of land.--
(A) In general.--The Secretary may acquire land or
interests in land within the boundary of the Park by
donation, purchase from a willing seller with donated or
appropriated funds, or exchange.
(B) Donation of state owned land.--Land or interests
in land owned by the State or any political subdivision
of the State may only be acquired by donation.
(5) Technical assistance and public interpretation.--The
Secretary may provide technical assistance and public
interpretation of related historic and cultural resources within
the boundary of the Historic District.
(d) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3
fiscal years after the date on which funds are made available to
carry out this subsection, the Secretary, in consultation with
the Commission, shall complete a management plan for the Park in
accordance with--
(A) section 12(b) of Public Law 91-383 (commonly
known as the ``National Park Service General Authorities
Act'') (16 U.S.C. 1a-7(b)); and
(B) other applicable laws.
(2) Cost share.--The management plan shall include
provisions that identify costs to be shared by the Federal
Government, the State, and the City, and other public or private
entities or individuals for necessary capital improvements to,
and maintenance and operations of, the Park.
(3) Submission to congress.--On completion of the management
plan, the Secretary shall submit the management plan to--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(e) Paterson Great Falls National Historical Park Advisory
Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Paterson Great Falls National Historical Park
Advisory Commission''.
(2) Duties.--The duties of the Commission shall be to advise
the Secretary in the development and implementation of the
management plan.
(3) Membership.--
(A) Composition.--The Commission shall be composed
of 9 members, to be appointed by the Secretary, of
whom--
(i) 4 members shall be appointed after
consideration of recommendations submitted by the
Governor of the State;
(ii) 2 members shall be appointed after
consideration of recommendations submitted by the
City Council of Paterson, New Jersey;
(iii) 1 member shall be appointed after
consideration of recommendations submitted by the
Board of Chosen Freeholders of Passaic County, New
Jersey; and
[[Page 123 STAT. 1187]]
(iv) 2 members shall have experience with
national parks and historic preservation.
(B) <<NOTE: Deadline.>> Initial appointments.--The
Secretary shall appoint the initial members of the
Commission not later than the earlier of--
(i) the date that is 30 days after the date on
which the Secretary has received all of the
recommendations for appointments under
subparagraph (A); or
(ii) the date that is 30 days after the Park
is established in accordance with subsection (b).
(4) Term; vacancies.--
(A) Term.--
(i) In general.--A member shall be appointed
for a term of 3 years.
(ii) Reappointment.--A member may be
reappointed for not more than 1 additional term.
(B) Vacancies.--A vacancy on the Commission shall be
filled in the same manner as the original appointment
was made.
(5) Meetings.--The Commission shall meet at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(6) Quorum.--A majority of the Commission shall constitute a
quorum.
(7) Chairperson and vice chairperson.--
(A) In general.--The Commission shall select a
Chairperson and Vice Chairperson from among the members
of the Commission.
(B) Vice chairperson.--The Vice Chairperson shall
serve as Chairperson in the absence of the Chairperson.
(C) Term.--A member may serve as Chairperson or Vice
Chairman for not more than 1 year in each office.
(8) Commission personnel matters.--
(A) Compensation of members.--
(i) In general.--Members of the Commission
shall serve without compensation.
(ii) Travel expenses.--Members of the
Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or
regular place of business of the member in the
performance of the duties of the Commission.
(B) Staff.--
(i) In general.--The Secretary shall provide
the Commission with any staff members and
technical assistance that the Secretary, after
consultation with the Commission, determines to be
appropriate to enable the Commission to carry out
the duties of the Commission.
(ii) Detail of employees.--The Secretary may
accept the services of personnel detailed from--
(I) the State;
(II) any political subdivision of
the State; or
[[Page 123 STAT. 1188]]
(III) any entity represented on the
Commission.
(9) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(10) Termination.--The Commission shall terminate 10 years
after the date of enactment of this Act.
(f) Study of Hinchliffe Stadium.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3
fiscal years after the date on which funds are made available to
carry out this section, the Secretary shall complete a study
regarding the preservation and interpretation of Hinchliffe
Stadium, which is listed on the National Register of Historic
Places.
(2) Inclusions.--The study shall include an assessment of--
(A) the potential for listing the stadium as a
National Historic Landmark; and
(B) options for maintaining the historic integrity
of Hinchliffe Stadium.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7002. <<NOTE: Arkansas. 16 USC 461 note.>> WILLIAM JEFFERSON
CLINTON BIRTHPLACE HOME NATIONAL
HISTORIC SITE.
(a) Acquisition of Property; Establishment of Historic Site.--Should
the Secretary of the Interior acquire, by donation only from the Clinton
Birthplace Foundation, Inc., fee simple, unencumbered title to the
William Jefferson Clinton Birthplace Home site located at 117 South
Hervey Street, Hope, Arkansas, 71801, and to any personal property
related to that site, the Secretary shall designate the William
Jefferson Clinton Birthplace Home site as a National Historic Site and
unit of the National Park System, to be known as the ``President William
Jefferson Clinton Birthplace Home National Historic Site''.
(b) Applicability of Other Laws.--The Secretary shall administer the
President William Jefferson Clinton Birthplace Home National Historic
Site in accordance with the laws generally applicable to national
historic sites, including the Act entitled ``An Act to establish a
National Park Service, and for other purposes'', approved August 25,
1916 (16 U.S.C. 1-4), and the Act entitled ``An Act to provide for the
preservation of historic American sites, buildings, objects and
antiquities of national significance, and for other purposes'', approved
August 21, 1935 (16 U.S.C. 461 et seq.).
SEC. 7003. <<NOTE: Michigan. 16 USC 430vv.>> RIVER RAISIN
NATIONAL BATTLEFIELD PARK.
(a) Establishment.--
(1) In general.--If Monroe County or Wayne County, Michigan,
or other willing landowners in either County offer to donate to
the United States land relating to the Battles of the River
Raisin on January 18 and 22, 1813, or the aftermath of the
battles, the Secretary of the Interior (referred to in this
section as the ``Secretary'') shall accept the donated land.
(2) Designation of park.--On the acquisition of land under
paragraph (1) that is of sufficient acreage to permit efficient
administration, the Secretary shall designate the acquired land
as a unit of the National Park System, to be
[[Page 123 STAT. 1189]]
known as the ``River Raisin National Battlefield Park''
(referred to in this section as the ``Park'').
(3) Legal description.--
(A) In general.--The Secretary shall prepare a legal
description of the land and interests in land designated
as the Park by paragraph (2).
(B) Availability of map and legal description.--A
map with the legal description shall be on file and
available for public inspection in the appropriate
offices of the National Park Service.
(b) Administration.--
(1) In general.--The Secretary shall manage the Park for the
purpose of preserving and interpreting the Battles of the River
Raisin in accordance with the National Park Service Organic Act
(16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (16 U.S.C.
461 et seq.).
(2) General management plan.--
(A) <<NOTE: Deadline.>> In general.--Not later than
3 years after the date on which funds are made
available, the Secretary shall complete a general
management plan for the Park that, among other things,
defines the role and responsibility of the Secretary
with regard to the interpretation and the preservation
of the site.
(B) Consultation.--The Secretary shall consult with
and solicit advice and recommendations from State,
county, local, and civic organizations and leaders, and
other interested parties in the preparation of the
management plan.
(C) Inclusions.--The plan shall include--
(i) consideration of opportunities for
involvement by and support for the Park by State,
county, and local governmental entities and
nonprofit organizations and other interested
parties; and
(ii) steps for the preservation of the
resources of the site and the costs associated
with these efforts.
(D) Submission to congress.--On the completion of
the general management plan, the Secretary shall submit
a copy of the plan to the Committee on Natural Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(3) Cooperative agreements.--The Secretary may enter into
cooperative agreements with State, county, local, and civic
organizations to carry out this section.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House a report describing the progress made with respect to
acquiring real property under this section and designating the River
Raisin National Battlefield Park.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
[[Page 123 STAT. 1190]]
Subtitle B--Amendments to Existing Units of the National Park System
SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK.
(a) Acquisition of Property.--Section 4 of Public Law 102-543 (16
U.S.C. 410yy-3) is amended by striking subsection (d).
(b) Matching Funds.--Section 8(b) of Public Law 102-543 (16 U.S.C.
410yy-7(b)) is amended by striking ``$4'' and inserting ``$1''.
(c) Authorization of Appropriations.--Section 10 of Public Law 102-
543 (16 U.S.C. 410yy-9) is amended--
(1) in subsection (a)--
(A) by striking ``$25,000,000'' and inserting
``$50,000,000''; and
(B) by striking ``$3,000,000'' and inserting
``$25,000,000''; and
(2) in subsection (b), by striking ``$100,000'' and all that
follows through ``those duties'' and inserting ``$250,000''.
SEC. 7102. <<NOTE: 16 USC 461 note.>> LOCATION OF VISITOR AND
ADMINISTRATIVE FACILITIES FOR WEIR FARM
NATIONAL HISTORIC SITE.
Section 4(d) of the Weir Farm National Historic Site Establishment
Act of 1990 (16 U.S.C. 461 note) is amended--
(1) in paragraph (1)(B), by striking ``contiguous to'' and
all that follows and inserting ``within Fairfield County.'';
(2) by amending paragraph (2) to read as follows:
``(2) Development.--
``(A) Maintaining natural character.--The Secretary
shall keep development of the property acquired under
paragraph (1) to a minimum so that the character of the
acquired property will be similar to the natural and
undeveloped landscape of the property described in
subsection (b).
``(B) Treatment of previously developed property.--
Nothing in subparagraph (A) shall either prevent the
Secretary from acquiring property under paragraph (1)
that, prior to the Secretary's acquisition, was
developed in a manner inconsistent with subparagraph
(A), or require the Secretary to remediate such
previously developed property to reflect the natural
character described in subparagraph (A).''; and
(3) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``the appropriate zoning authority'' and all
that follows through ``Wilton, Connecticut,'' and inserting
``the local governmental entity that, in accordance with
applicable State law, has jurisdiction over any property
acquired under paragraph (1)(A)''.
SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY
EXPANSION.
Section 2 of the Little River Canyon National Preserve Act of 1992
(16 U.S.C. 698q) is amended--
(1) in subsection (b)--
(A) by striking ``The Preserve'' and inserting the
following:
``(1) In general.--The Preserve''; and
[[Page 123 STAT. 1191]]
(B) by adding at the end the following:
``(2) Boundary expansion.--The boundary of the Preserve is
modified to include the land depicted on the map entitled
`Little River Canyon National Preserve Proposed Boundary',
numbered 152/80,004, and dated December 2007.''; and
(2) in subsection (c), by striking ``map'' and inserting
``maps''.
SEC. 7104. <<NOTE: Ohio.>> HOPEWELL CULTURE NATIONAL HISTORICAL
PARK BOUNDARY EXPANSION.
Section 2 of the Act entitled ``An Act to rename and expand the
boundaries of the Mound City Group National Monument in Ohio'', approved
May 27, 1992 (106 Stat. 185), <<NOTE: 16 USC 410uu-1.>> is amended--
(1) by striking ``and'' at the end of subsection (a)(3);
(2) by striking the period at the end of subsection (a)(4)
and inserting ``; and'';
(3) by adding after subsection (a)(4) the following new
paragraph:
``(5) the map entitled `Hopewell Culture National Historical
Park, Ohio Proposed Boundary Adjustment' numbered 353/80,049 and
dated June, 2006.''; and
(4) by adding after subsection (d)(2) the following new
paragraph:
``(3) The Secretary may acquire lands added by subsection
(a)(5) only from willing sellers.''.
SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE
BOUNDARY ADJUSTMENT.
(a) In General.--Section 901 of the National Parks and Recreation
Act of 1978 (16 U.S.C. 230) is amended in the second sentence by
striking ``of approximately twenty thousand acres generally depicted on
the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical
Park and Preserve' numbered 90,000B and dated April 1978,'' and
inserting ``generally depicted on the map entitled `Boundary Map,
Barataria Preserve Unit, Jean Lafitte National Historical Park and
Preserve', numbered 467/80100A, and dated December 2007,''.
(b) Acquisition of Land.--Section 902 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230a) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Within the'' and all that
follows through the first sentence and inserting the
following:
``(a) In General.--
``(1) Barataria preserve unit.--
``(A) In general.--The Secretary may acquire any
land, water, and interests in land and water within the
Barataria Preserve Unit by donation, purchase with
donated or appropriated funds, transfer from any other
Federal agency, or exchange.
``(B) Limitations.--
``(i) In general.--Any non-Federal land
depicted on the map described in section 901 as
`Lands Proposed for Addition' may be acquired by
the Secretary only with the consent of the owner
of the land.
``(ii) Boundary adjustment.--On the date on
which the Secretary acquires a parcel of land
described in clause (i), the boundary of the
Barataria Preserve Unit shall be adjusted to
reflect the acquisition.
[[Page 123 STAT. 1192]]
``(iii) Easements.--To ensure adequate
hurricane protection of the communities located in
the area, any land identified on the map described
in section 901 that is acquired or transferred
shall be subject to any easements that have been
agreed to by the Secretary and the Secretary of
the Army.
``(C) Transfer of administration jurisdiction.--
Effective on <<NOTE: Effective date.>> the date of
enactment of the Omnibus Public Land Management Act of
2009, administrative jurisdiction over any Federal land
within the areas depicted on the map described in
section 901 as `Lands Proposed for Addition' is
transferred, without consideration, to the
administrative jurisdiction of the National Park
Service, to be administered as part of the Barataria
Preserve Unit.'';
(B) in the second sentence, by striking ``The
Secretary may also acquire by any of the foregoing
methods'' and inserting the following:
``(2) French quarter.--The Secretary may acquire by any of
the methods referred to in paragraph (1)(A)'';
(C) in the third sentence, by striking ``Lands,
waters, and interests therein'' and inserting the
following:
``(3) Acquisition of state land.--Land, water, and interests
in land and water''; and
(D) in the fourth sentence, by striking ``In
acquiring'' and inserting the following:
``(4) Acquisition of oil and gas rights.--In acquiring'';
(2) by striking subsections (b) through (f) and inserting
the following:
``(b) Resource Protection.--With respect to the land, water, and
interests in land and water of the Barataria Preserve Unit, the
Secretary shall preserve and protect--
``(1) fresh water drainage patterns;
``(2) vegetative cover;
``(3) the integrity of ecological and biological systems;
and
``(4) water and air quality.
``(c) Adjacent Land.--With the consent of the owner and the parish
governing authority, the Secretary may--
``(1) acquire land, water, and interests in land and water,
by any of the methods referred to in subsection (a)(1)(A)
(including use of appropriations from the Land and Water
Conservation Fund); and
``(2) revise the boundaries of the Barataria Preserve Unit
to include adjacent land and water.''; and
(3) by redesignating subsection (g) as subsection (d).
(c) Definition of Improved Property.--Section 903 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230b) is amended in the
fifth sentence by inserting ``(or January 1, 2007, for areas added to
the park after that date)'' after ``January 1, 1977''.
(d) Hunting, Fishing, and Trapping.--Section 905 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the
first sentence by striking ``, except that within the core area and on
those lands acquired by the Secretary pursuant to section 902(c) of this
title, he'' and inserting ``on land, and interests in land and water
managed by the Secretary, except that the Secretary''.
[[Page 123 STAT. 1193]]
(e) Administration.--Section 906 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230e) is amended--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``Pending such
establishment and thereafter the'' and inserting ``The''.
(f) References in Law.--
(1) <<NOTE: 16 USC 230 note.>> In general.--Any reference
in a law (including regulations), map, document, paper, or other
record of the United States--
(A) to the Barataria Marsh Unit shall be considered
to be a reference to the Barataria Preserve Unit; or
(B) <<NOTE: 16 USC 230 note, 231, 231a, 231b.>> to
the Jean Lafitte National Historical Park shall be
considered to be a reference to the Jean Lafitte
National Historical Park and Preserve.
(2) Conforming amendments.--Title IX of the National Parks
and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--
(A) <<NOTE: 16 USC 230b, 230d.>> by striking
``Barataria Marsh Unit'' each place it appears and
inserting ``Barataria Preserve Unit''; and
(B) <<NOTE: 16 USC 230, 230a, 230h.>> by striking
``Jean Lafitte National Historical Park'' each place it
appears and inserting ``Jean Lafitte National Historical
Park and Preserve''.
SEC. 7106. <<NOTE: Massachusetts. 16 USC 410t note.>> MINUTE MAN
NATIONAL HISTORICAL PARK.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Minute
Man National Historical Park Proposed Boundary'', numbered 406/
81001, and dated July 2007.
(2) Park.--The term ``Park'' means the Minute Man National
Historical Park in the State of Massachusetts.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Minute Man National Historical Park.--
(1) Boundary adjustment.--
(A) In general.--The boundary of the Park is
modified to include the area generally depicted on the
map.
(B) Availability of map.--The map shall be on file
and available for inspection in the appropriate offices
of the National Park Service.
(2) Acquisition of land.--The Secretary may acquire the land
or an interest in the land described in paragraph (1)(A) by--
(A) purchase from willing sellers with donated or
appropriated funds;
(B) donation; or
(C) exchange.
(3) Administration of land.--The Secretary shall administer
the land added to the Park under paragraph (1)(A) in accordance
with applicable laws (including regulations).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7107. <<NOTE: Florida. 16 USC 410r-9.>> EVERGLADES NATIONAL
PARK.
(a) Inclusion of Tarpon Basin Property.--
(1) Definitions.--In this subsection:
(A) Hurricane hole.--The term ``Hurricane Hole''
means the natural salt-water body of water within the
[[Page 123 STAT. 1194]]
Duesenbury Tracts of the eastern parcel of the Tarpon
Basin boundary adjustment and accessed by Duesenbury
Creek.
(B) Map.--The term ``map'' means the map entitled
``Proposed Tarpon Basin Boundary Revision'', numbered
160/80,012, and dated May 2008.
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(D) Tarpon basin property.--The term ``Tarpon Basin
property'' means land that--
(i) is comprised of approximately 600 acres of
land and water surrounding Hurricane Hole, as
generally depicted on the map; and
(ii) is located in South Key Largo.
(2) Boundary revision.--
(A) In general.--The boundary of the Everglades
National Park is adjusted to include the Tarpon Basin
property.
(B) Acquisition authority.--The Secretary may
acquire from willing sellers by donation, purchase with
donated or appropriated funds, or exchange, land, water,
or interests in land and water, within the area depicted
on the map, to be added to Everglades National Park.
(C) Availability of map.--The map shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
(D) Administration.--Land added to Everglades
National Park by this section shall be administered as
part of Everglades National Park in accordance with
applicable laws (including regulations).
(3) Hurricane hole.--The Secretary may allow use of
Hurricane Hole by sailing vessels during emergencies, subject to
such terms and conditions as the Secretary determines to be
necessary.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection.
(b) Land Exchanges.--
(1) Definitions.--In this subsection:
(A) Company.--The term ``Company'' means Florida
Power & Light Company.
(B) Federal land.--The term ``Federal Land'' means
the parcels of land that are--
(i) owned by the United States;
(ii) administered by the Secretary;
(iii) located within the National Park; and
(iv) generally depicted on the map as--
(I) Tract A, which is adjacent to
the Tamiami Trail, U.S. Rt. 41; and
(II) Tract B, which is located on
the eastern boundary of the National
Park.
(C) Map.--The term ``map'' means the map prepared by
the National Park Service, entitled ``Proposed Land
Exchanges, Everglades National Park'', numbered 160/
60411A, and dated September 2008.
(D) National park.--The term ``National Park'' means
the Everglades National Park located in the State.
[[Page 123 STAT. 1195]]
(E) Non-federal land.--The term ``non-Federal land''
means the land in the State that--
(i) is owned by the State, the specific area
and location of which shall be determined by the
State; or
(ii)(I) is owned by the Company;
(II) comprises approximately 320 acres; and
(III) is located within the East Everglades
Acquisition Area, as generally depicted on the map
as ``Tract D''.
(F) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(G) State.--The term ``State'' means the State of
Florida and political subdivisions of the State,
including the South Florida Water Management District.
(2) Land exchange with state.--
(A) In general.--Subject to the provisions of this
paragraph, if the State offers to convey to the
Secretary all right, title, and interest of the State in
and to specific parcels of non-Federal land, and the
offer is acceptable to the Secretary, the Secretary may,
subject to valid existing rights, accept the offer and
convey to the State all right, title, and interest of
the United States in and to the Federal land generally
depicted on the map as ``Tract A''.
(B) Conditions.--The land exchange under
subparagraph (A) shall be subject to such terms and
conditions as the Secretary may require.
(C) Valuation.--
(i) In general.--The values of the land
involved in the land exchange under subparagraph
(A) shall be equal.
(ii) Equalization.--If the values of the land
are not equal, the values may be equalized by
donation, payment using donated or appropriated
funds, or the conveyance of additional parcels of
land.
(D) Appraisals.--Before the exchange of land under
subparagraph (A), appraisals for the Federal and non-
Federal land shall be conducted in accordance with the
Uniform Appraisal Standards for Federal Land
Acquisitions and the Uniform Standards of Professional
Appraisal Practice.
(E) Technical corrections.--Subject to the agreement
of the State, the Secretary may make minor corrections
to correct technical and clerical errors in the legal
descriptions of the Federal and non-Federal land and
minor adjustments to the boundaries of the Federal and
non-Federal land.
(F) Administration of land acquired by secretary.--
Land acquired by the Secretary under subparagraph (A)
shall--
(i) become part of the National Park; and
(ii) be administered in accordance with the
laws applicable to the National Park System.
(3) Land exchange with company.--
(A) In general.--Subject to the provisions of this
paragraph, if the Company offers to convey to the
Secretary all right, title, and interest of the Company
in and to
[[Page 123 STAT. 1196]]
the non-Federal land generally depicted on the map as
``Tract D'', and the offer is acceptable to the
Secretary, the Secretary may, subject to valid existing
rights, accept the offer and convey to the Company all
right, title, and interest of the United States in and
to the Federal land generally depicted on the map as
``Tract B'', along with a perpetual easement on a
corridor of land contiguous to Tract B for the purpose
of vegetation management.
(B) Conditions.--The land exchange under
subparagraph (A) shall be subject to such terms and
conditions as the Secretary may require.
(C) Valuation.--
(i) In general.--The values of the land
involved in the land exchange under subparagraph
(A) shall be equal unless the non-Federal land is
of higher value than the Federal land.
(ii) Equalization.--If the values of the land
are not equal, the values may be equalized by
donation, payment using donated or appropriated
funds, or the conveyance of additional parcels of
land.
(D) Appraisal.--Before the exchange of land under
subparagraph (A), appraisals for the Federal and non-
Federal land shall be conducted in accordance with the
Uniform Appraisal Standards for Federal Land
Acquisitions and the Uniform Standards of Professional
Appraisal Practice.
(E) Technical corrections.--Subject to the agreement
of the Company, the Secretary may make minor corrections
to correct technical and clerical errors in the legal
descriptions of the Federal and non-Federal land and
minor adjustments to the boundaries of the Federal and
non-Federal land.
(F) Administration of land acquired by secretary.--
Land acquired by the Secretary under subparagraph (A)
shall--
(i) become part of the National Park; and
(ii) be administered in accordance with the
laws applicable to the National Park System.
(4) Map.--The map shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.
(5) Boundary revision.--On completion of the land exchanges
authorized by this subsection, the Secretary shall adjust the
boundary of the National Park accordingly, including removing
the land conveyed out of Federal ownership.
SEC. 7108. <<NOTE: Hawaii. 16 USC 410jj-4 note. Ka `Ohana O
Kalaupapa. Establishment.>> KALAUPAPA
NATIONAL HISTORICAL PARK.
(a) In General.--The Secretary of the Interior shall authorize Ka
`Ohana O Kalaupapa, a non-profit organization consisting of patient
residents at Kalaupapa National Historical Park, and their family
members and friends, to establish a memorial at a suitable location or
locations approved by the Secretary at Kalawao or Kalaupapa within the
boundaries of Kalaupapa National Historical Park located on the island
of Molokai, in the State of Hawaii, to honor and perpetuate the memory
of those individuals who were forcibly relocated to Kalaupapa Peninsula
from 1866 to 1969.
(b) Design.--
[[Page 123 STAT. 1197]]
(1) In general.--The memorial authorized by subsection (a)
shall--
(A) display in an appropriate manner the names of
the first 5,000 individuals sent to the Kalaupapa
Peninsula between 1866 and 1896, most of whom lived at
Kalawao; and
(B) display in an appropriate manner the names of
the approximately 3,000 individuals who arrived at
Kalaupapa in the second part of its history, when most
of the community was concentrated on the Kalaupapa side
of the peninsula.
(2) Approval.--The location, size, design, and inscriptions
of the memorial authorized by subsection (a) shall be subject to
the approval of the Secretary of the Interior.
(c) Funding.--Ka `Ohana O Kalaupapa, a nonprofit organization, shall
be solely responsible for acceptance of contributions for and payment of
the expenses associated with the establishment of the memorial.
SEC. 7109. <<NOTE: Massachusetts.>> BOSTON HARBOR ISLANDS
NATIONAL RECREATION AREA.
(a) Cooperative Agreements.--Section 1029(d) of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C. 460kkk(d)) is amended
by striking paragraph (3) and inserting the following:
``(3) Agreements.--
``(A) Definition of eligible entity.--In this
paragraph, the term `eligible entity' means--
``(i) the Commonwealth of Massachusetts;
``(ii) a political subdivision of the
Commonwealth of Massachusetts; or
``(iii) any other entity that is a member of
the Boston Harbor Islands Partnership described in
subsection (e)(2).
``(B) Authority of secretary.--Subject to
subparagraph (C), the Secretary may consult with an
eligible entity on, and enter into with the eligible
entity--
``(i) a cooperative management agreement to
acquire from, and provide to, the eligible entity
goods and services for the cooperative management
of land within the recreation area; and
``(ii) notwithstanding section 6305 of title
31, United States Code, a cooperative agreement
for the construction of recreation area facilities
on land owned by an eligible entity for purposes
consistent with the management plan under
subsection (f).
``(C) Conditions.--The Secretary may enter into an
agreement with an eligible entity under subparagraph (B)
only if the Secretary determines that--
``(i) appropriations for carrying out the
purposes of the agreement are available; and
``(ii) the agreement is in the best interests
of the United States.''.
(b) Technical Amendments.--
(1) Membership.--Section 1029(e)(2)(B) of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C.
460kkk(e)(2)(B)) is amended by striking ``Coast Guard'' and
inserting ``Coast Guard.''.
[[Page 123 STAT. 1198]]
(2) Donations.--Section 1029(e)(11) of the Omnibus Parks and
Public Lands Management Act of 1996 (16 U.S.C. 460kkk(e)(11)) is
amended by striking ``Nothwithstanding'' and inserting
``Notwithstanding''.
SEC. 7110. <<NOTE: 16 USC 410mmm.>> THOMAS EDISON NATIONAL
HISTORICAL PARK, NEW JERSEY.
(a) Purposes.--The purposes of this section are--
(1) to recognize and pay tribute to Thomas Alva Edison and
his innovations; and
(2) to preserve, protect, restore, and enhance the Edison
National Historic Site to ensure public use and enjoyment of the
Site as an educational, scientific, and cultural center.
(b) Establishment.--
(1) In general.--There is established the Thomas Edison
National Historical Park as a unit of the National Park System
(referred to in this section as the ``Historical Park'').
(2) Boundaries.--The Historical Park shall be comprised of
all property owned by the United States in the Edison National
Historic Site as well as all property authorized to be acquired
by the Secretary of the Interior (referred to in this section as
the ``Secretary'') for inclusion in the Edison National Historic
Site before the date of the enactment of this Act, as generally
depicted on the map entitled the ``Thomas Edison National
Historical Park'', numbered 403/80,000, and dated April 2008.
(3) Map.--The map of the Historical Park shall be on file
and available for public inspection in the appropriate offices
of the National Park Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
Historical Park in accordance with this section and with the
provisions of law generally applicable to units of the National
Park System, including the Acts entitled ``An Act to establish a
National Park Service, and for other purposes,'' approved August
25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and ``An Act to
provide for the preservation of historic American sites,
buildings, objects, and antiquities of national significance,
and for other purposes,'' approved August 21, 1935 (16 U.S.C.
461 et seq.).
(2) Acquisition of property.--
(A) Real property.--The Secretary may acquire land
or interests in land within the boundaries of the
Historical Park, from willing sellers only, by donation,
purchase with donated or appropriated funds, or
exchange.
(B) Personal property.--The Secretary may acquire
personal property associated with, and appropriate for,
interpretation of the Historical Park.
(3) Cooperative agreements.--The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the Historical Park.
(4) Repeal of superseded law.--Public Law 87-628 (76 Stat.
428), <<NOTE: 16 USC 461 note.>> regarding the establishment
and administration of the Edison National Historic Site, is
repealed.
(5) <<NOTE: 16 USC 431 note.>> References.--Any reference
in a law, map, regulation, document, paper, or other record of
the United States to the
[[Page 123 STAT. 1199]]
``Edison National Historic Site'' shall be deemed to be a
reference to the ``Thomas Edison National Historical Park''.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 7111. <<NOTE: New York. 16 USC 469m.>> WOMEN'S RIGHTS
NATIONAL HISTORICAL PARK.
(a) Votes for Women Trail.--Title XVI of Public Law 96-607 (16
U.S.C. 410ll) is amended by adding at the end the following:
``SEC. 1602. <<NOTE: 16 USC 410ll-1.>> VOTES FOR WOMEN TRAIL.
``(a) Definitions.--In this section:
``(1) Park.--The term `Park' means the Women's Rights
National Historical Park established by section 1601.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
``(3) State.--The term `State' means the State of New York.
``(4) Trail.--The term `Trail' means the Votes for Women
History Trail Route designated under subsection (b).
``(b) Establishment of Trail Route.--The Secretary, with concurrence
of the agency having jurisdiction over the relevant roads, may designate
a vehicular tour route, to be known as the `Votes for Women History
Trail Route', to link properties in the State that are historically and
thematically associated with the struggle for women's suffrage in the
United States.
``(c) Administration.--The Trail shall be administered by the
National Park Service through the Park.
``(d) Activities.--To facilitate the establishment of the Trail and
the dissemination of information regarding the Trail, the Secretary
shall--
``(1) produce and disseminate appropriate educational
materials regarding the Trail, such as handbooks, maps,
exhibits, signs, interpretive guides, and electronic
information;
``(2) coordinate the management, planning, and standards of
the Trail in partnership with participating properties, other
Federal agencies, and State and local governments;
``(3) create and adopt an official, uniform symbol or device
to mark the Trail; and
``(4) <<NOTE: Guidelines.>> issue guidelines for the use of
the symbol or device adopted under paragraph (3).
``(e) Elements of Trail Route.--Subject to the consent of the owner
of the property, the Secretary may designate as an official stop on the
Trail--
``(1) all units and programs of the Park relating to the
struggle for women's suffrage;
``(2) other Federal, State, local, and privately owned
properties that the Secretary determines have a verifiable
connection to the struggle for women's suffrage; and
``(3) other governmental and nongovernmental facilities and
programs of an educational, commemorative, research, or
interpretive nature that the Secretary determines to be directly
related to the struggle for women's suffrage.
``(f) Cooperative Agreements and Memoranda of Understanding.--
``(1) In general.--To facilitate the establishment of the
Trail and to ensure effective coordination of the Federal and
[[Page 123 STAT. 1200]]
non-Federal properties designated as stops along the Trail, the
Secretary may enter into cooperative agreements and memoranda of
understanding with, and provide technical and financial
assistance to, other Federal agencies, the State, localities,
regional governmental bodies, and private entities.
``(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as are necessary
for the period of fiscal years 2009 through 2013 to provide
financial assistance to cooperating entities pursuant to
agreements or memoranda entered into under paragraph (1).''.
(b) National Women's Rights History Project National Registry.--
(1) In general.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') may make annual grants to
State historic preservation offices for not more than 5 years to
assist the State historic preservation offices in surveying,
evaluating, and nominating to the National Register of Historic
Places women's rights history properties.
(2) Eligibility.--In making grants under paragraph (1), the
Secretary shall give priority to grants relating to properties
associated with the multiple facets of the women's rights
movement, such as politics, economics, education, religion, and
social and family rights.
(3) <<NOTE: Web posting.>> Updates.--The Secretary shall
ensure that the National Register travel itinerary website
entitled ``Places Where Women Made History'' is updated to
contain--
(A) the results of the inventory conducted under
paragraph (1); and
(B) any links to websites related to places on the
inventory.
(4) Cost-sharing requirement.--The Federal share of the cost
of any activity carried out using any assistance made available
under this subsection shall be 50 percent.
(5) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out this subsection
$1,000,000 for each of fiscal years 2009 through 2013.
(c) National Women's Rights History Project Partnerships Network.--
(1) Grants.--The Secretary may make matching grants and give
technical assistance for development of a network of
governmental and nongovernmental entities (referred to in this
subsection as the ``network''), the purpose of which is to
provide interpretive and educational program development of
national women's rights history, including historic
preservation.
(2) Management of network.--
(A) <<NOTE: Designation.>> In general.--The
Secretary shall, through a competitive process,
designate a nongovernmental managing network to manage
the network.
(B) Coordination.--The nongovernmental managing
entity designated under subparagraph (A) shall work in
partnership with the Director of the National Park
Service and State historic preservation offices to
coordinate operation of the network.
(3) Cost-sharing requirement.--
[[Page 123 STAT. 1201]]
(A) In general.--The Federal share of the cost of
any activity carried out using any assistance made
available under this subsection shall be 50 percent.
(B) State historic preservation offices.--Matching
grants for historic preservation specific to the network
may be made available through State historic
preservation offices.
(4) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out this subsection
$1,000,000 for each of fiscal years 2009 through 2013.
SEC. 7112. <<NOTE: New York. 16 USC 461 note.>> MARTIN VAN BUREN
NATIONAL HISTORIC SITE.
(a) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Martin Van Buren National Historic Site in the State of New York
established by Public Law 93-486 (16 U.S.C. 461 note) on October
26, 1974.
(2) Map.--The term ``map'' means the map entitled ``Boundary
Map, Martin Van Buren National Historic Site'', numbered ``460/
80801'', and dated January 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Boundary Adjustments to the Historic Site.--
(1) Boundary adjustment.--The boundary of the historic site
is adjusted to include approximately 261 acres of land
identified as the ``PROPOSED PARK BOUNDARY'', as generally
depicted on the map.
(2) Acquisition authority.--The Secretary may acquire the
land and any interests in the land described in paragraph (1)
from willing sellers by donation, purchase with donated or
appropriated funds, or exchange.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(4) Administration.--Land acquired for the historic site
under this section shall be administered as part of the historic
site in accordance with applicable law (including regulations).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7113. <<NOTE: Texas.>> PALO ALTO BATTLEFIELD NATIONAL
HISTORICAL PARK.
(a) Designation of Palo Alto Battlefield National Historical Park.--
(1) <<NOTE: 16 USC 410nnn note.>> In general.--The Palo
Alto Battlefield National Historic Site shall be known and
designated as the ``Palo Alto Battlefield National Historical
Park''.
(2) <<NOTE: 16 USC 410nnn note.>> References.--Any
reference in a law, map, regulation, document, paper, or other
record of the United States to the historic site referred to in
subsection (a) shall be deemed to be a reference to the Palo
Alto Battlefield National Historical Park.
(3) Conforming amendments.--The Palo Alto Battlefield
National Historic Site Act of 1991 (16 U.S.C. 461 note; Public
Law 102-304) is amended--
(A) by striking ``National Historic Site'' each
place it appears and inserting ``National Historical
Park'';
[[Page 123 STAT. 1202]]
(B) in the heading for section 3, by striking
``national historic site'' and inserting ``national
historical park''; and
(C) by striking ``historic site'' each place it
appears and inserting ``historical park''.
(b) Boundary Expansion, Palo Alto Battlefield National Historical
Park, Texas.--Section 3(b) of the Palo Alto Battlefield National
Historic Site Act of 1991 (16 U.S.C. 461 note; Public Law 102-304) (as
amended by subsection (a)) is amended--
(1) in paragraph (1), by striking ``(1) The historical
park'' and inserting the following:
``(1) In general.--The historical park'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Additional land.--
``(A) In general.--In addition to the land described
in paragraph (1), the historical park shall consist of
approximately 34 acres of land, as generally depicted on
the map entitled `Palo Alto Battlefield NHS Proposed
Boundary Expansion', numbered 469/80,012, and dated May
21, 2008.
``(B) Availability of map.--The map described in
subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the
National Park Service.''; and
(4) in paragraph (3) (as redesignated by paragraph (2))--
(A) by striking ``(3) Within'' and inserting the
following:
``(3) Legal description.--Not later than''; and
(B) in the second sentence, by striking ``map
referred to in paragraph (1)'' and inserting ``maps
referred to in paragraphs (1) and (2)''.
SEC. 7114. <<NOTE: Kentucky. 16 USC 217b.>> ABRAHAM LINCOLN
BIRTHPLACE NATIONAL HISTORICAL PARK.
(a) Designation.--The Abraham Lincoln Birthplace National Historic
Site in the State of Kentucky shall be known and designated as the
``Abraham Lincoln Birthplace National Historical Park''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Abraham Lincoln
Birthplace National Historic Site shall be deemed to be a reference to
the ``Abraham Lincoln Birthplace National Historical Park''.
SEC. 7115. NEW RIVER GORGE NATIONAL RIVER.
Section 1106 of the National Parks and Recreation Act of 1978 (16
U.S.C. 460m-20) is amended in the first sentence by striking ``may'' and
inserting ``shall''.
SEC. 7116. TECHNICAL CORRECTIONS.
(a) Gaylord Nelson Wilderness.--
(1) Redesignation.--Section 140 of division E of the
Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note;
Public Law 108-447), is amended--
(A) in subsection (a), by striking ``Gaylord A.
Nelson'' and inserting ``Gaylord Nelson''; and
(B) in subsection (c)(4), by striking ``Gaylord A.
Nelson Wilderness'' and inserting ``Gaylord Nelson
Wilderness''.
[[Page 123 STAT. 1203]]
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Gaylord A. Nelson Wilderness'' shall be deemed to be a
reference to the ``Gaylord Nelson Wilderness''.
(b) Arlington House Land Transfer.--Section 2863(h)(1) of Public Law
107-107 (115 Stat. 1333) is amended by striking ``the George Washington
Memorial Parkway'' and inserting ``Arlington House, The Robert E. Lee
Memorial,''.
(c) Cumberland Island Wilderness.--Section 2(a)(1) of Public Law 97-
250 (16 U.S.C. 1132 note; 96 Stat. 709) is amended by striking
``numbered 640/20,038I, and dated September 2004'' and inserting
``numbered 640/20,038K, and dated September 2005''.
(d) Petrified Forest Boundary.--Section 2(1) of the Petrified Forest
National Park Expansion Act of 2004 (16 U.S.C. 119 note; Public Law 108-
430) is amended by striking ``numbered 110/80,044, and dated July 2004''
and inserting ``numbered 110/80,045, and dated January 2005''.
(e) Commemorative Works Act.--Chapter 89 of title 40, United States
Code, is amended--
(1) in section 8903(d), by inserting ``Natural'' before
``Resources'';
(2) in section 8904(b), by inserting ``Advisory'' before
``Commission''; and
(3) in section 8908(b)(1)--
(A) in the first sentence, by inserting ``Advisory''
before ``Commission''; and
(B) in the second sentence, by striking ``House
Administration'' and inserting ``Natural Resources''.
(f) Captain John Smith Chesapeake National Historic Trail.--Section
5(a)(25)(A) of the National Trails System Act (16 U.S.C. 1244(a)(25)(A))
is amended by striking ``The John Smith'' and inserting ``The Captain
John Smith''.
(g) Delaware National Coastal Special Resource Study.--Section 604
of the Delaware National Coastal Special Resources Study Act (Public Law
109-338; 120 Stat. 1856) is amended by striking ``under section 605''.
(h) Use of Recreation Fees.--Section 808(a)(1)(F) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6807(a)(1)(F)) is amended by
striking ``section 6(a)'' and inserting ``section 806(a)''.
(i) Crossroads of the American Revolution National Heritage Area.--
Section 297F(b)(2)(A) of the Crossroads of the American Revolution
National Heritage Area Act of 2006 (Public Law 109-338; 120 Stat.
1844) <<NOTE: 16 USC 461 note.>> is amended by inserting ``duties''
before ``of the''.
(j) Cuyahoga Valley National Park.--Section 474(12) of the
Consolidated Natural Resources Act of 2008 (Public Law 1110-229; 122
Stat. 827) <<NOTE: 16 USC 461 note.>> is amended by striking
``Cayohoga'' each place it appears and inserting ``Cuyahoga''.
(k) Pennsylvania Avenue National Historic Site.--
(1) <<NOTE: 16 USC 6702.>> Name on map.--Section
313(d)(1)(B) of the Department of the Interior and Related
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat.
1321-199; 40 U.S.C. 872 note) is amended by striking ``map
entitled `Pennsylvania Avenue National Historic Park', dated
June 1, 1995, and numbered 840-82441'' and inserting ``map
entitled `Pennsylvania Avenue National Historic Site', dated
August 25, 2008, and numbered 840-82441B''.
[[Page 123 STAT. 1204]]
(2) <<NOTE: 16 USC 6702 note.>> References.--Any reference
in a law, map, regulation, document, paper, or other record of
the United States to the Pennsylvania Avenue National Historic
Park shall be deemed to be a reference to the ``Pennsylvania
Avenue National Historic Site''.
SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK,
OHIO.
(a) Additional Areas Included in Park.--Section 101 of the Dayton
Aviation Heritage Preservation Act of 1992 <<NOTE: 16 USC 410ww.>> (16
U.S.C. 410ww, et seq.) is amended by adding at the end the following:
``(c) Additional Sites.--In addition to the sites described in
subsection (b), the park shall consist of the following sites, as
generally depicted on a map titled `Dayton Aviation Heritage National
Historical Park', numbered 362/80,013 and dated May 2008:
``(1) Hawthorn Hill, Oakwood, Ohio.
``(2) The Wright Company factory and associated land and
buildings, Dayton, Ohio.''.
(b) Protection of Historic Properties.--Section 102 of the Dayton
Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww-1) is
amended--
(1) in subsection (a), by inserting ``Hawthorn Hill, the
Wright Company factory,'' after ``, acquire'';
(2) in subsection (b), by striking ``Such agreements'' and
inserting:
``(d) Conditions.--Cooperative agreements under this section'';
(3) by inserting before subsection (d) (as added by
paragraph 2) the following:
``(c) Cooperative Agreements.--The Secretary is authorized to enter
into a cooperative agreement with a partner or partners, including the
Wright Family Foundation, to operate and provide programming for
Hawthorn Hill and charge reasonable fees notwithstanding any other
provision of law, which may be used to defray the costs of park
operation and programming.''; and
(4) by striking ``Commission'' and inserting ``Aviation
Heritage Foundation''.
(c) Grant Assistance.--The Dayton Aviation Heritage Preservation Act
of 1992, is amended--
(1) by redesignating subsection (b) of section
108 <<NOTE: 16 USC 410ww-7.>> as subsection (c); and
(2) by inserting after subsection (a) of section 108 the
following new subsection:
``(b) Grant Assistance.--The Secretary is authorized to make grants
to the parks' partners, including the Aviation Trail, Inc., the Ohio
Historical Society, and Dayton History, for projects not requiring
Federal involvement other than providing financial assistance, subject
to the availability of appropriations in advance identifying the
specific partner grantee and the specific project. Projects funded
through these grants shall be limited to construction and development on
non-Federal property within the boundaries of the park. Any project
funded by such a grant shall support the purposes of the park, shall be
consistent with the park's general management plan, and shall enhance
public use and enjoyment of the park.''.
(d) National Aviation Heritage Area.--Title V of division J of the
Consolidated Appropriations Act, 2005 (16 U.S.C. 461 note; Public Law
108-447), is amended--
[[Page 123 STAT. 1205]]
(1) in section 503(3), by striking ``104'' and inserting
``504'';
(2) in section 503(4), by striking ``106'' and inserting
``506'';
(3) in section 504, by striking subsection (b)(2) and by
redesignating subsection (b)(3) as subsection (b)(2); and
(4) in section 505(b)(1), by striking ``106'' and inserting
``506''.
SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE.
Public Law 87-213 (16 U.S.C. 461 note) is amended as follows:
(1) In the first section--
(A) by striking ``the Secretary of the Interior''
and inserting ``(a) The Secretary of the Interior'';
(B) by striking ``476 acres'' and inserting ``646
acres''; and
(C) by adding at the end the following:
``(b) The Secretary may acquire from willing sellers land comprising
approximately 55 acres, as depicted on the map titled `Fort Davis
Proposed Boundary Expansion', numbered 418/80,045, and dated April 2008.
The map shall be on file and available for public inspection in the
appropriate offices of the National Park Service. Upon acquisition of
the land, the land shall be incorporated into the Fort Davis National
Historic Site.''.
(2) By repealing section 3.
Subtitle C--Special Resource Studies
SEC. 7201. WALNUT CANYON STUDY.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Walnut
Canyon Proposed Study Area'' and dated July 17, 2007.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(3) Study area.--The term ``study area'' means the area
identified on the map as the ``Walnut Canyon Proposed Study
Area''.
(b) Study.--
(1) In general.--The Secretaries shall conduct a study of
the study area to assess--
(A) the suitability and feasibility of designating
all or part of the study area as an addition to Walnut
Canyon National Monument, in accordance with section
8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c));
(B) continued management of the study area by the
Forest Service; or
(C) any other designation or management option that
would provide for--
(i) protection of resources within the study
area; and
(ii) continued access to, and use of, the
study area by the public.
(2) <<NOTE: Public comment.>> Consultation.--The
Secretaries shall provide for public comment in the preparation
of the study, including consultation with appropriate Federal,
State, and local governmental entities.
[[Page 123 STAT. 1206]]
(3) Report.--Not later than 18 months after the date on
which funds are made available to carry out this section, the
Secretaries shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report that describes--
(A) the results of the study; and
(B) any recommendations of the Secretaries.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
SEC. 7202. TULE LAKE SEGREGATION CENTER, CALIFORNIA.
(a) Study.--
(1) In general.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct a special
resource study of the Tule Lake Segregation Center to determine
the national significance of the site and the suitability and
feasibility of including the site in the National Park System.
(2) Study guidelines.--The study shall be conducted in
accordance with the criteria for the study of areas for
potential inclusion in the National Park System under section 8
of Public Law 91-383 (16 U.S.C. 1a-5).
(3) Consultation.--In conducting the study, the Secretary
shall consult with--
(A) Modoc County;
(B) the State of California;
(C) appropriate Federal agencies;
(D) tribal and local government entities;
(E) private and nonprofit organizations; and
(F) private landowners.
(4) Scope of study.--The study shall include an evaluation
of--
(A) the significance of the site as a part of the
history of World War II;
(B) the significance of the site as the site relates
to other war relocation centers;.
(C) the historical resources of the site, including
the stockade, that are intact and in place;
(D) the contributions made by the local agricultural
community to the World War II effort; and
(E) the potential impact of designation of the site
as a unit of the National Park System on private
landowners.
(b) Report.--Not later than 3 years after the date on which funds
are made available to conduct the study required under this section, the
Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing the findings, conclusions,
and recommendations of the study.
SEC. 7203. <<NOTE: Virgin Islands.>> ESTATE GRANGE, ST. CROIX.
(a) Study.--
(1) In general.--The Secretary of the Interior (referred to
in this section as the ``Secretary''), in consultation with the
Governor of the Virgin Islands, shall conduct a special resource
study of Estate Grange and other sites and resources
[[Page 123 STAT. 1207]]
associated with Alexander Hamilton's life on St. Croix in the
United States Virgin Islands.
(2) <<NOTE: Evaluation.>> Contents.--In conducting the
study under paragraph (1), the Secretary shall evaluate--
(A) the national significance of the sites and
resources; and
(B) the suitability and feasibility of designating
the sites and resources as a unit of the National Park
System.
(3) <<NOTE: Applicability.>> Criteria.--The criteria for
the study of areas for potential inclusion in the National Park
System contained in section 8 of Public Law 91-383 (16 U.S.C.
1a-5) shall apply to the study under paragraph (1).
(4) Report.--Not later than 3 years after the date on which
funds are first made available for the study under paragraph
(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report containing--
(A) the results of the study; and
(B) any findings, conclusions, and recommendations
of the Secretary.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE.
(a) Study.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date on which funds are made available to carry out
this section, the Secretary of the Interior (referred to in this
section as the ``Secretary'') shall complete a special resource
study of the Harriet Beecher Stowe House in Brunswick, Maine, to
evaluate--
(A) the national significance of the Harriet Beecher
Stowe House and surrounding land; and
(B) the suitability and feasibility of designating
the Harriet Beecher Stowe House and surrounding land as
a unit of the National Park System.
(2) Study guidelines.--In conducting the study authorized
under paragraph (1), the Secretary shall use the criteria for
the study of areas for potential inclusion in the National Park
System contained in section 8(c) of Public Law 91-383 (16 U.S.C.
1a-5(c)).
(b) Report.--On completion of the study required under subsection
(a), the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the
House of Representatives a report containing the findings, conclusions,
and recommendations of the study.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA.
(a) Special Resources Study.--The Secretary of the Interior
(referred to in this section as the ``Secretary'') shall conduct a
special resource study relating to the Battle of Shepherdstown in
Shepherdstown, West Virginia, to evaluate--
[[Page 123 STAT. 1208]]
(1) the national significance of the Shepherdstown
battlefield and sites relating to the Shepherdstown battlefield;
and
(2) the suitability and feasibility of adding the
Shepherdstown battlefield and sites relating to the
Shepherdstown battlefield as part of--
(A) Harpers Ferry National Historical Park; or
(B) Antietam National Battlefield.
(b) Criteria.--In conducting the study authorized under subsection
(a), the Secretary shall use the criteria for the study of areas for
potential inclusion in the National Park System contained in section
8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
containing the findings, conclusions, and recommendations of the study
conducted under subsection (a).
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall conduct a special resource study of
the site of Green McAdoo School in Clinton, Tennessee, (referred to in
this section as the ``site'') to evaluate--
(1) the national significance of the site; and
(2) the suitability and feasibility of designating the site
as a unit of the National Park System.
(b) Criteria.--In conducting the study under subsection (a), the
Secretary shall use the criteria for the study of areas for potential
inclusion in the National Park System under section 8(c) of Public Law
91-383 (16 U.S.C. 1a-5(c)).
(c) Contents.--The study authorized by this section shall--
(1) determine the suitability and feasibility of designating
the site as a unit of the National Park System;
(2) include cost estimates for any necessary acquisition,
development, operation, and maintenance of the site; and
(3) identify alternatives for the management,
administration, and protection of the site.
(d) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
that describes--
(1) the findings and conclusions of the study; and
(2) any recommendations of the Secretary.
SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall conduct a special resource study of
the Harry S Truman Birthplace State Historic Site (referred to in this
section as the ``birthplace site'') in Lamar, Missouri, to determine--
(1) the suitability and feasibility of--
(A) adding the birthplace site to the Harry S Truman
National Historic Site; or
[[Page 123 STAT. 1209]]
(B) designating the birthplace site as a separate
unit of the National Park System; and
(2) the methods and means for the protection and
interpretation of the birthplace site by the National Park
Service, other Federal, State, or local government entities, or
private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the study
required under subsection (a) in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study conducted under subsection (a);
and
(2) any recommendations of the Secretary with respect to the
birthplace site.
SEC. 7208. <<NOTE: West Virginia.>> BATTLE OF MATEWAN SPECIAL
RESOURCE STUDY.
(a) In General.--The Secretary of the Interior (referred to in this
section as the ``Secretary'') shall conduct a special resource study of
the sites and resources at Matewan, West Virginia, associated with the
Battle of Matewan (also known as the ``Matewan Massacre'') of May 19,
1920, to determine--
(1) the suitability and feasibility of designating certain
historic areas of Matewan, West Virginia, as a unit of the
National Park System; and
(2) the methods and means for the protection and
interpretation of the historic areas by the National Park
Service, other Federal, State, or local government entities, or
private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the study
required under subsection (a) in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study conducted under subsection (a);
and
(2) any recommendations of the Secretary with respect to the
historic areas.
SEC. 7209. BUTTERFIELD OVERLAND TRAIL.
(a) <<NOTE: State listing.>> In General.--The Secretary of the
Interior (referred to in this section as the ``Secretary'') shall
conduct a special resource study along the route known as the ``Ox-Bow
Route'' of the Butterfield Overland Trail (referred to in this section
as the ``route'') in the States of Missouri, Tennessee, Arkansas,
Oklahoma, Texas, New Mexico, Arizona, and California to evaluate--
(1) a range of alternatives for protecting and interpreting
the resources of the route, including alternatives for potential
addition of the Trail to the National Trails System; and
(2) the methods and means for the protection and
interpretation of the route by the National Park Service, other
[[Page 123 STAT. 1210]]
Federal, State, or local government entities, or private or
nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the study
required under subsection (a) in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)) or section 5(b) of the National Trails
System Act (16 U.S.C. 1244(b)), as appropriate.
(c) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study conducted under subsection (a);
and
(2) any recommendations of the Secretary with respect to the
route.
SEC. 7210. <<NOTE: 16 USC 1a-5 note.>> COLD WAR SITES THEME
STUDY.
(a) Definitions.--
(1) Advisory committee.--The term ``Advisory Committee''
means the Cold War Advisory Committee established under
subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Theme study.--The term ``theme study'' means the
national historic landmark theme study conducted under
subsection (b)(1).
(b) Cold War Theme Study.--
(1) In general.--The Secretary shall conduct a national
historic landmark theme study to identify sites and resources in
the United States that are significant to the Cold War.
(2) Resources.--In conducting the theme study, the Secretary
shall consider--
(A) the inventory of sites and resources associated
with the Cold War completed by the Secretary of Defense
under section 8120(b)(9) of the Department of Defense
Appropriations Act, 1991 (Public Law 101-511; 104 Stat.
1906); and
(B) historical studies and research of Cold War
sites and resources, including--
(i) intercontinental ballistic missiles;
(ii) flight training centers;
(iii) manufacturing facilities;
(iv) communications and command centers (such
as Cheyenne Mountain, Colorado);
(v) defensive radar networks (such as the
Distant Early Warning Line);
(vi) nuclear weapons test sites (such as the
Nevada test site); and
(vii) strategic and tactical aircraft.
(3) Contents.--The theme study shall include--
(A) recommendations for commemorating and
interpreting sites and resources identified by the theme
study, including--
(i) sites for which studies for potential
inclusion in the National Park System should be
authorized;
(ii) sites for which new national historic
landmarks should be nominated; and
(iii) other appropriate designations;
[[Page 123 STAT. 1211]]
(B) recommendations for cooperative agreements
with--
(i) State and local governments;
(ii) local historical organizations; and
(iii) other appropriate entities; and
(C) an estimate of the amount required to carry out
the recommendations under subparagraphs (A) and (B).
(4) Consultation.--In conducting the theme study, the
Secretary shall consult with--
(A) the Secretary of the Air Force;
(B) State and local officials;
(C) State historic preservation offices; and
(D) other interested organizations and individuals.
(5) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that describes the
findings, conclusions, and recommendations of the theme study.
(c) Cold War Advisory Committee.--
(1) Establishment.--As soon as practicable after funds are
made available to carry out this section, the Secretary shall
establish an advisory committee, to be known as the ``Cold War
Advisory Committee'', to assist the Secretary in carrying out
this section.
(2) Composition.--The Advisory Committee shall be composed
of 9 members, to be appointed by the Secretary, of whom--
(A) 3 shall have expertise in Cold War history;
(B) 2 shall have expertise in historic preservation;
(C) 1 shall have expertise in the history of the
United States; and
(D) 3 shall represent the general public.
(3) Chairperson.--The Advisory Committee shall select a
chairperson from among the members of the Advisory Committee.
(4) Compensation.--A member of the Advisory Committee shall
serve without compensation but may be reimbursed by the
Secretary for expenses reasonably incurred in the performance of
the duties of the Advisory Committee.
(5) Meetings.--On at least 3 occasions, the Secretary (or a
designee) shall meet and consult with the Advisory Committee on
matters relating to the theme study.
(d) <<NOTE: Deadline.>> Interpretive Handbook on the Cold War.--Not
later than 4 years after the date on which funds are made available to
carry out this section, the Secretary shall--
(1) <<NOTE: Publication.>> prepare and publish an
interpretive handbook on the Cold War; and
(2) disseminate information in the theme study by other
appropriate means.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $500,000.
SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA.
(a) In General.--The Secretary shall complete a special resource
study of the site of the Battle of Camden fought in South
[[Page 123 STAT. 1212]]
Carolina on August 16, 1780, and the site of Historic Camden, which is a
National Park System Affiliated Area, to determine--
(1) the suitability and feasibility of designating the sites
as a unit or units of the National Park System; and
(2) the methods and means for the protection and
interpretation of these sites by the National Park Service,
other Federal, State, or local government entities or private or
non-profit organizations.
(b) Study Requirements.--The Secretary shall conduct the study in
accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
SEC. 7212. FORT SAN GERONIMO, PUERTO RICO.
(a) Definitions.--In this section:
(1) Fort san geronimo.--The term ``Fort San Geronimo'' (also
known as ``Fortin de San Geronimo del Boqueron'') means the fort
and grounds listed on the National Register of Historic Places
and located near Old San Juan, Puerto Rico.
(2) Related resources.--The term ``related resources'' means
other parts of the fortification system of old San Juan that are
not included within the boundary of San Juan National Historic
Site, such as sections of the City Wall or other fortifications.
(b) Study.--
(1) In general.--The Secretary shall complete a special
resource study of Fort San Geronimo and other related resources,
to determine--
(A) the suitability and feasibility of including
Fort San Geronimo and other related resources in the
Commonwealth of Puerto Rico as part of San Juan National
Historic Site; and
(B) the methods and means for the protection and
interpretation of Fort San Geronimo and other related
resources by the National Park Service, other Federal,
State, or local government entities or private or non-
profit organizations.
(2) Study requirements.--The Secretary shall conduct the
study in accordance with section 8(c) of Public Law 91-383 (16
U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
[[Page 123 STAT. 1213]]
Subtitle D--Program Authorizations
SEC. 7301. <<NOTE: 16 USC 469k-1.>> AMERICAN BATTLEFIELD
PROTECTION PROGRAM.
(a) Purpose.--The purpose of this section is to assist citizens,
public and private institutions, and governments at all levels in
planning, interpreting, and protecting sites where historic battles were
fought on American soil during the armed conflicts that shaped the
growth and development of the United States, in order that present and
future generations may learn and gain inspiration from the ground where
Americans made their ultimate sacrifice.
(b) Preservation Assistance.--
(1) In general.--Using the established national historic
preservation program to the extent practicable, the Secretary of
the Interior, acting through the American Battlefield Protection
Program, shall encourage, support, assist, recognize, and work
in partnership with citizens, Federal, State, local, and tribal
governments, other public entities, educational institutions,
and private nonprofit organizations in identifying, researching,
evaluating, interpreting, and protecting historic battlefields
and associated sites on a National, State, and local level.
(2) Financial assistance.--To carry out paragraph (1), the
Secretary may use a cooperative agreement, grant, contract, or
other generally adopted means of providing financial assistance.
(3) Authorization of appropriations.--There are authorized
to be appropriated $3,000,000 annually to carry out this
subsection, to remain available until expended.
(c) Battlefield Acquisition Grant Program.--
(1) Definitions.--In this subsection:
(A) Battlefield report.--The term ``Battlefield
Report'' means the document entitled ``Report on the
Nation's Civil War Battlefields'', prepared by the Civil
War Sites Advisory Commission, and dated July 1993.
(B) Eligible entity.--The term ``eligible entity''
means a State or local government.
(C) Eligible site.--The term ``eligible site'' means
a site--
(i) that is not within the exterior boundaries
of a unit of the National Park System; and
(ii) that is identified in the Battlefield
Report.
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the American
Battlefield Protection Program.
(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program under which the Secretary
may provide grants to eligible entities to pay the Federal share
of the cost of acquiring interests in eligible sites for the
preservation and protection of those eligible sites.
(3) Nonprofit partners.--An eligible entity may acquire an
interest in an eligible site using a grant under this subsection
in partnership with a nonprofit organization.
(4) Non-federal share.--The non-Federal share of the total
cost of acquiring an interest in an eligible site under this
subsection shall be not less than 50 percent.
[[Page 123 STAT. 1214]]
(5) Limitation on land use.--An interest in an eligible site
acquired under this subsection shall be subject to section
6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-8(f)(3)).
(6) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to provide grants under this
subsection $10,000,000 for each of fiscal years 2009 through
2013.
SEC. 7302. <<NOTE: 16 USC 469n.>> PRESERVE AMERICA PROGRAM.
(a) Purpose.--The purpose of this section is to authorize the
Preserve America Program, including--
(1) the Preserve America grant program within the Department
of the Interior;
(2) the recognition programs administered by the Advisory
Council on Historic Preservation; and
(3) the related efforts of Federal agencies, working in
partnership with State, tribal, and local governments and the
private sector, to support and promote the preservation of
historic resources.
(b) Definitions.--In this section:
(1) Council.--The term ``Council'' means the Advisory
Council on Historic Preservation.
(2) Heritage tourism.--The term ``heritage tourism'' means
the conduct of activities to attract and accommodate visitors to
a site or area based on the unique or special aspects of the
history, landscape (including trail systems), and culture of the
site or area.
(3) Program.--The term ``program'' means the Preserve
America Program established under subsection (c)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment.--
(1) In general.--There is established in the Department of
the Interior the Preserve America Program, under which the
Secretary, in partnership with the Council, may provide
competitive grants to States, local governments (including local
governments in the process of applying for designation as
Preserve America Communities under subsection (d)), Indian
tribes, communities designated as Preserve America Communities
under subsection (d), State historic preservation offices, and
tribal historic preservation offices to support preservation
efforts through heritage tourism, education, and historic
preservation planning activities.
(2) Eligible projects.--
(A) In general.--The following projects shall be
eligible for a grant under this section:
(i) A project for the conduct of--
(I) research on, and documentation
of, the history of a community; and
(II) surveys of the historic
resources of a community.
(ii) An education and interpretation project
that conveys the history of a community or site.
(iii) A planning project (other than building
rehabilitation) that advances economic development
using heritage tourism and historic preservation.
[[Page 123 STAT. 1215]]
(iv) A training project that provides
opportunities for professional development in
areas that would aid a community in using and
promoting its historic resources.
(v) A project to support heritage tourism in a
Preserve America Community designated under
subsection (d).
(vi) Other nonconstruction projects that
identify or promote historic properties or provide
for the education of the public about historic
properties that are consistent with the purposes
of this section.
(B) <<NOTE: Grants.>> Limitation.--In providing
grants under this section, the Secretary shall only
provide 1 grant to each eligible project selected for a
grant.
(3) Preference.--In providing grants under this section, the
Secretary may give preference to projects that carry out the
purposes of both the program and the Save America's Treasures
Program.
(4) Consultation and notification.--
(A) Consultation.--The Secretary shall consult with
the Council in preparing the list of projects to be
provided grants for a fiscal year under the program.
(B) <<NOTE: Deadline. List.>> Notification.--Not
later than 30 days before the date on which the
Secretary provides grants for a fiscal year under the
program, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate, the
Committee on Appropriations of the Senate, the Committee
on Natural Resources of the House of Representatives,
and the Committee on Appropriations of the House of
Representatives a list of any eligible projects that are
to be provided grants under the program for the fiscal
year.
(5) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the cost
of carrying out a project provided a grant under this
section shall be not less than 50 percent of the total
cost of the project.
(B) Form of non-federal share.--The non-Federal
share required under subparagraph (A) shall be in the
form of--
(i) cash; or
(ii) donated supplies and related services,
the value of which shall be determined by the
Secretary.
(C) Requirement.--The Secretary shall ensure that
each applicant for a grant has the capacity to secure,
and a feasible plan for securing, the non-Federal share
for an eligible project required under subparagraph (A)
before a grant is provided to the eligible project under
the program.
(d) Designation of Preserve America Communities.--
(1) Application.--To be considered for designation as a
Preserve America Community, a community, tribal area, or
neighborhood shall submit to the Council an application
containing such information as the Council may require.
(2) Criteria.--To be designated as a Preserve America
Community under the program, a community, tribal area, or
neighborhood that submits an application under paragraph (1)
[[Page 123 STAT. 1216]]
shall, as determined by the Council, in consultation with the
Secretary, meet criteria required by the Council and, in
addition, consider--
(A) protection and celebration of the heritage of
the community, tribal area, or neighborhood;
(B) use of the historic assets of the community,
tribal area, or neighborhood for economic development
and community revitalization; and
(C) encouragement of people to experience and
appreciate local historic resources through education
and heritage tourism programs.
(3) Local governments previously certified for historic
preservation activities.--The Council shall establish an
expedited process for Preserve America Community designation for
local governments previously certified for historic preservation
activities under section 101(c)(1) of the National Historic
Preservation Act (16 U.S.C. 470a(c)(1)).
(4) Guidelines.--The Council, in consultation with the
Secretary, shall establish any guidelines that are necessary to
carry out this subsection.
(e) <<NOTE: Guidelines.>> Regulations.--The Secretary shall develop
any guidelines and issue any regulations that the Secretary determines
to be necessary to carry out this section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each fiscal year,
to remain available until expended.
SEC. 7303. <<NOTE: 16 USC 469o.>> SAVE AMERICA'S TREASURES
PROGRAM.
(a) Purpose.--The purpose of this section is to authorize within the
Department of the Interior the Save America's Treasures Program, to be
carried out by the Director of the National Park Service, in partnership
with--
(1) the National Endowment for the Arts;
(2) the National Endowment for the Humanities;
(3) the Institute of Museum and Library Services;
(4) the National Trust for Historic Preservation;
(5) the National Conference of State Historic Preservation
Officers;
(6) the National Association of Tribal Historic Preservation
Officers; and
(7) the President's Committee on the Arts and the
Humanities.
(b) Definitions.--In this section:
(1) Collection.--The term ``collection'' means a collection
of intellectual and cultural artifacts, including documents,
sculpture, and works of art.
(2) Eligible entity.--The term ``eligible entity'' means a
Federal entity, State, local, or tribal government, educational
institution, or nonprofit organization.
(3) Historic property.--The term ``historic property'' has
the meaning given the term in section 301 of the National
Historic Preservation Act (16 U.S.C. 470w).
(4) Nationally significant.--The term ``nationally
significant'' means a collection or historic property that meets
the applicable criteria for national significance, in accordance
with regulations promulgated by the Secretary pursuant to
section
[[Page 123 STAT. 1217]]
101(a)(2) of the National Historic Preservation Act (16 U.S.C.
470a(a)(2)).
(5) Program.--The term ``program'' means the Save America's
Treasures Program established under subsection (c)(1).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(c) Establishment.--
(1) <<NOTE: Grants.>> In general.--There is established in
the Department of the Interior the Save America's Treasures
program, under which the amounts made available to the Secretary
under subsection (e) shall be used by the Secretary, in
consultation with the organizations described in subsection (a),
subject to paragraph (6)(A)(ii), to provide grants to eligible
entities for projects to preserve nationally significant
collections and historic properties.
(2) Determination of grants.--Of the amounts made available
for grants under subsection (e), not less than 50 percent shall
be made available for grants for projects to preserve
collections and historic properties, to be distributed through a
competitive grant process administered by the Secretary, subject
to the eligibility criteria established under paragraph (5).
(3) Applications for grants.--To be considered for a
competitive grant under the program an eligible entity shall
submit to the Secretary an application containing such
information as the Secretary may require.
(4) Collections and historic properties eligible for
competitive grants.--
(A) In general.--A collection or historic property
shall be provided a competitive grant under the program
only if the Secretary determines that the collection or
historic property is--
(i) nationally significant; and
(ii) threatened or endangered.
(B) <<NOTE: Determination.>> Eligible
collections.--A determination by the Secretary regarding
the national significance of collections under
subparagraph (A)(i) shall be made in consultation with
the organizations described in subsection (a), as
appropriate.
(C) Eligible historic properties.--To be eligible
for a competitive grant under the program, a historic
property shall, as of the date of the grant
application--
(i) be listed in the National Register of
Historic Places at the national level of
significance; or
(ii) be designated as a National Historic
Landmark.
(5) Selection criteria for grants.--
(A) In general.--The Secretary shall not provide a
grant under this section to a project for an eligible
collection or historic property unless the project--
(i) eliminates or substantially mitigates the
threat of destruction or deterioration of the
eligible collection or historic property;
(ii) has a clear public benefit; and
(iii) is able to be completed on schedule and
within the budget described in the grant
application.
[[Page 123 STAT. 1218]]
(B) Preference.--In providing grants under this
section, the Secretary may give preference to projects
that carry out the purposes of both the program and the
Preserve America Program.
(C) Limitation.--In providing grants under this
section, the Secretary shall only provide 1 grant to
each eligible project selected for a grant.
(6) Consultation and notification by secretary.--
(A) Consultation.--
(i) In general.--Subject to clause (ii), the
Secretary shall consult with the organizations
described in subsection (a) in preparing the list
of projects to be provided grants for a fiscal
year by the Secretary under the program.
(ii) Limitation.--If an entity described in
clause (i) has submitted an application for a
grant under the program, the entity shall be
recused by the Secretary from the consultation
requirements under that clause and paragraph (1).
(B) <<NOTE: Deadline.>> Notification.--Not later
than 30 days before the date on which the Secretary
provides grants for a fiscal year under the program, the
Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate, the Committee on
Appropriations of the Senate, the Committee on Natural
Resources of the House of Representatives, and the
Committee on Appropriations of the House of
Representatives a list of any eligible projects that are
to be provided grants under the program for the fiscal
year.
(7) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the cost
of carrying out a project provided a grant under this
section shall be not less than 50 percent of the total
cost of the project.
(B) Form of non-federal share.--The non-Federal
share required under subparagraph (A) shall be in the
form of--
(i) cash; or
(ii) donated supplies or related services, the
value of which shall be determined by the
Secretary.
(C) Requirement.--The Secretary shall ensure that
each applicant for a grant has the capacity and a
feasible plan for securing the non-Federal share for an
eligible project required under subparagraph (A) before
a grant is provided to the eligible project under the
program.
(d) <<NOTE: Guidelines.>> Regulations.--The Secretary shall develop
any guidelines and issue any regulations that the Secretary determines
to be necessary to carry out this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each fiscal year,
to remain available until expended.
SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM.
Section 4 of Public Law 106-45 (16 U.S.C. 461 note; 113 Stat. 226)
is amended by striking ``2009'' and inserting ``2019''.
[[Page 123 STAT. 1219]]
SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTITUTE.
The National Cave and Karst Research Institute Act of 1998 (16
U.S.C. 4310 note; Public Law 105-325) is amended by striking section 5
and inserting the following:
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are necessary
to carry out this Act.''.
Subtitle <<NOTE: Extensions.>> E--Advisory Commissions
SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY COMMISSION.
Section 505(f)(7) of the National Parks and Recreation Act of 1978
(16 U.S.C. 396d(f)(7)) is amended by striking ``ten years after the date
of enactment of the Na Hoa Pili O Kaloko-Honokohau Re-establishment Act
of 1996'' and inserting ``on December 31, 2018''.
SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.
Effective <<NOTE: Effective dates.>> September 26, 2008, section
8(a) of Public Law 87-126 (16 U.S.C. 459b-7(a)) is amended in the second
sentence by striking ``2008'' and inserting ``2018''.
SEC. 7403. CONCESSIONS MANAGEMENT ADVISORY BOARD.
Section 409(d) of the National Park Service Concessions Management
Improvement Act of 1998 (16 U.S.C. 5958(d)) is amended in the first
sentence by striking ``2008'' and inserting ``2009''.
SEC. <<NOTE: Florida. 16 USC 470a note.>> 7404. ST. AUGUSTINE
450TH COMMEMORATION COMMISSION.
(a) Definitions.--In this section:
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 450th anniversary of the founding of the
settlement of St. Augustine, Florida.
(2) Commission.--The term ``Commission'' means the St.
Augustine 450th Commemoration Commission established by
subsection (b)(1).
(3) Governor.--The term ``Governor'' means the Governor of
the State.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--
(A) In general.--The term ``State'' means the State
of Florida.
(B) Inclusion.--The term ``State'' includes agencies
and entities of the State of Florida.
(b) Establishment.--
(1) In general.--There is established a commission, to be
known as the ``St. Augustine 450th Commemoration Commission''.
(2) Membership.--
(A) Composition.--The Commission shall be composed
of 14 members, of whom--
(i) 3 members shall be appointed by the
Secretary, after considering the recommendations
of the St. Augustine City Commission;
[[Page 123 STAT. 1220]]
(ii) 3 members shall be appointed by the
Secretary, after considering the recommendations
of the Governor;
(iii) 1 member shall be an employee of the
National Park Service having experience relevant
to the historical resources relating to the city
of St. Augustine and the commemoration, to be
appointed by the Secretary;
(iv) 1 member shall be appointed by the
Secretary, taking into consideration the
recommendations of the Mayor of the city of St.
Augustine;
(v) 1 member shall be appointed by the
Secretary, after considering the recommendations
of the Chancellor of the University System of
Florida; and
(vi) 5 members shall be individuals who are
residents of the State who have an interest in,
support for, and expertise appropriate to the
commemoration, to be appointed by the Secretary,
taking into consideration the recommendations of
Members of Congress.
(B) Time of appointment.--Each appointment of an
initial member of the Commission shall be made before
the expiration of the 120-day period beginning on the
date of enactment of this Act.
(C) Term; vacancies.--
(i) Term.--A member of the Commission shall be
appointed for the life of the Commission.
(ii) Vacancies.--
(I) In general.--A vacancy on the
Commission shall be filled in the same
manner in which the original appointment
was made.
(II) Partial term.--A member
appointed to fill a vacancy on the
Commission shall serve for the remainder
of the term for which the predecessor of
the member was appointed.
(iii) Continuation of membership.--If a member
of the Commission was appointed to the Commission
as Mayor of the city of St. Augustine or as an
employee of the National Park Service or the State
University System of Florida, and ceases to hold
such position, that member may continue to serve
on the Commission for not longer than the 30-day
period beginning on the date on which that member
ceases to hold the position.
(3) Duties.--The Commission shall--
(A) plan, develop, and carry out programs and
activities appropriate for the commemoration;
(B) facilitate activities relating to the
commemoration throughout the United States;
(C) encourage civic, patriotic, historical,
educational, artistic, religious, economic, and other
organizations throughout the United States to organize
and participate in anniversary activities to expand
understanding and appreciation of the significance of
the founding and continuing history of St. Augustine;
(D) provide technical assistance to States,
localities, and nonprofit organizations to further the
commemoration;
[[Page 123 STAT. 1221]]
(E) coordinate and facilitate for the public
scholarly research on, publication about, and
interpretation of, St. Augustine;
(F) ensure that the commemoration provides a lasting
legacy and long-term public benefit by assisting in the
development of appropriate programs; and
(G) help ensure that the observances of the
foundation of St. Augustine are inclusive and
appropriately recognize the experiences and heritage of
all individuals present when St. Augustine was founded.
(c) Commission Meetings.--
(1) <<NOTE: Deadline.>> Initial meeting.--Not later than 30
days after the date on which all members of the Commission have
been appointed, the Commission shall hold the initial meeting of
the Commission.
(2) Meetings.--The Commission shall meet--
(A) at least 3 times each year; or
(B) at the call of the Chairperson or the majority
of the members of the Commission.
(3) Quorum.--A majority of the voting members shall
constitute a quorum, but a lesser number may hold meetings.
(4) Chairperson and vice chairperson.--
(A) Election.--The Commission shall elect the
Chairperson and the Vice Chairperson of the Commission
on an annual basis.
(B) Absence of the chairperson.--The Vice
Chairperson shall serve as the Chairperson in the
absence of the Chairperson.
(5) Voting.--The Commission shall act only on an affirmative
vote of a majority of the members of the Commission.
(d) Commission Powers.--
(1) Gifts.--The Commission may solicit, accept, use, and
dispose of gifts, bequests, or devises of money or other
property for aiding or facilitating the work of the Commission.
(2) Appointment of advisory committees.--The Commission may
appoint such advisory committees as the Commission determines to
be necessary to carry out this section.
(3) Authorization of action.--The Commission may authorize
any member or employee of the Commission to take any action that
the Commission is authorized to take under this section.
(4) Procurement.--
(A) In general.--The Commission may procure
supplies, services, and property, and make or enter into
contracts, leases, or other legal agreements, to carry
out this section (except that a contract, lease, or
other legal agreement made or entered into by the
Commission shall not extend beyond the date of
termination of the Commission).
(B) Limitation.--The Commission may not purchase
real property.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions as
other agencies of the Federal Government.
(6) Grants and technical assistance.--The Commission may--
[[Page 123 STAT. 1222]]
(A) provide grants in amounts not to exceed $20,000
per grant to communities and nonprofit organizations for
use in developing programs to assist in the
commemoration;
(B) provide grants to research and scholarly
organizations to research, publish, or distribute
information relating to the early history of St.
Augustine; and
(C) provide technical assistance to States,
localities, and nonprofit organizations to further the
commemoration.
(e) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Except as provided in paragraph
(2), a member of the Commission shall serve without
compensation.
(B) Federal employees.--A member of the Commission
who is an officer or employee of the Federal Government
shall serve without compensation other than the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of the
member in the performance of the duties of the Commission.
(3) Director and staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws (including
regulations), nominate an executive director to enable
the Commission to perform the duties of the Commission.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(4) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Commission may fix the compensation of the
executive director and other personnel without regard to
the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(5) Detail of government employees.--
(A) Federal employees.--
(i) Detail.--At the request of the Commission,
the head of any Federal agency may detail, on a
reimbursable or nonreimbursable basis, any of the
personnel of the agency to the Commission to
assist the Commission in carrying out the duties
of the Commission under this section.
(ii) Civil service status.--The detail of an
employee under clause (i) shall be without
interruption or loss of civil service status or
privilege.
(B) State employees.--The Commission may--
(i) accept the services of personnel detailed
from the State; and
[[Page 123 STAT. 1223]]
(ii) reimburse the State for services of
detailed personnel.
(6) Procurement of temporary and intermittent services.--The
Chairperson of the Commission may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of such title.
(7) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission may
accept and use such voluntary and uncompensated services as the
Commission determines to be necessary.
(8) Support services.--
(A) In general.--The Secretary shall provide to the
Commission, on a reimbursable basis, such administrative
support services as the Commission may request.
(B) Reimbursement.--Any reimbursement under this
paragraph shall be credited to the appropriation, fund,
or account used for paying the amounts reimbursed.
(9) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(10) No effect on authority.--Nothing in this subsection
supersedes the authority of the State, the National Park
Service, the city of St. Augustine, or any designee of those
entities, with respect to the commemoration.
(f) Plans; Reports.--
(1) Strategic plan.--The Commission shall prepare a
strategic plan for the activities of the Commission carried out
under this section.
(2) Final report.--Not later than September 30, 2015, the
Commission shall complete and submit to Congress a final report
that contains--
(A) a summary of the activities of the Commission;
(B) a final accounting of funds received and
expended by the Commission; and
(C) the findings and recommendations of the
Commission.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Commission to carry out this section $500,000 for each of
fiscal years 2009 through 2015.
(2) <<NOTE: Expiration date.>> Availability.--Amounts made
available under paragraph (1) shall remain available until
December 31, 2015.
(h) Termination of Commission.--
(1) Date of termination.--The Commission shall terminate on
December 31, 2015.
(2) Transfer of documents and materials.--Before the date of
termination specified in paragraph (1), the Commission shall
transfer all documents and materials of the Commission to the
National Archives or another appropriate Federal entity.
[[Page 123 STAT. 1224]]
TITLE VIII--NATIONAL HERITAGE AREAS
Subtitle A--Designation of National Heritage Areas
SEC. 8001. <<NOTE: 16 USC 461 note.>> SANGRE DE CRISTO NATIONAL
HERITAGE AREA, COLORADO.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Sangre de Cristo National Heritage Area established by
subsection (b)(1).
(2) Management entity.--The term ``management entity'' means
the management entity for the Heritage Area designated by
subsection (b)(4).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(d).
(4) Map.--The term ``map'' means the map entitled ``Proposed
Sangre De Cristo National Heritage Area'' and dated November
2005.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(b) Sangre De Cristo National Heritage Area.--
(1) Establishment.--There is established in the State the
Sangre de Cristo National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of--
(A) the counties of Alamosa, Conejos, and Costilla;
and
(B) the Monte Vista National Wildlife Refuge, the
Baca National Wildlife Refuge, the Great Sand Dunes
National Park and Preserve, and other areas included in
the map.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in
the appropriate offices of the National Park Service.
(4) Management entity.--
(A) In general.--The management entity for the
Heritage Area shall be the Sangre de Cristo National
Heritage Area Board of Directors.
(B) Membership requirements.--Members of the Board
shall include representatives from a broad cross-section
of the individuals, agencies, organizations, and
governments that were involved in the planning and
development of the Heritage Area before the date of
enactment of this Act.
(c) Administration.--
(1) Authorities.--For purposes of carrying out the
management plan, the Secretary, acting through the management
entity, may use amounts made available under this section to--
(A) make grants to the State or a political
subdivision of the State, nonprofit organizations, and
other persons;
(B) enter into cooperative agreements with, or
provide technical assistance to, the State or a
political subdivision
[[Page 123 STAT. 1225]]
of the State, nonprofit organizations, and other
interested parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resources protection, and heritage
programming;
(D) obtain money or services from any source
including any that are provided under any other Federal
law or program;
(E) contract for goods or services; and
(F) undertake to be a catalyst for any other
activity that furthers the Heritage Area and is
consistent with the approved management plan.
(2) Duties.--The management entity shall--
(A) <<NOTE: Management plan.>> in accordance with
subsection (d), prepare and submit a management plan for
the Heritage Area to the Secretary;
(B) assist units of local government, regional
planning organizations, and nonprofit organizations in
carrying out the approved management plan by--
(i) carrying out programs and projects that
recognize, protect, and enhance important resource
values in the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and
appreciation for, natural, historical, scenic, and
cultural resources of the Heritage Area;
(v) protecting and restoring historic sites
and buildings in the Heritage Area that are
consistent with Heritage Area themes;
(vi) ensuring that clear, consistent, and
appropriate signs identifying points of public
access, and sites of interest are posted
throughout the Heritage Area; and
(vii) promoting a wide range of partnerships
among governments, organizations, and individuals
to further the Heritage Area;
(C) consider the interests of diverse units of
government, businesses, organizations, and individuals
in the Heritage Area in the preparation and
implementation of the management plan;
(D) <<NOTE: Public information. Deadlines.>>
conduct meetings open to the public at least
semiannually regarding the development and
implementation of the management plan;
(E) for any year that Federal funds have been
received under this section--
(i) <<NOTE: Deadline. Reports.>> submit an
annual report to the Secretary that describes the
activities, expenses, and income of the management
entity (including grants to any other entities
during the year that the report is made);
(ii) <<NOTE: Records.>> make available to the
Secretary for audit all records relating to the
expenditure of the funds and any matching funds;
[[Page 123 STAT. 1226]]
(iii) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the organizations receiving
the funds make available to the Secretary for
audit all records concerning the expenditure of
the funds; and
(F) encourage by appropriate means economic
viability that is consistent with the Heritage Area.
(3) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds made available
under this section to acquire real property or any interest in
real property.
(4) Cost-sharing requirement.--The Federal share of the cost
of any activity carried out using any assistance made available
under this section shall be 50 percent.
(d) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date of enactment of this Act, the management entity
shall submit to the Secretary for approval a proposed management
plan for the Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative
approach for the protection, enhancement, and
interpretation of the natural, cultural, historic,
scenic, and recreational resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of--
(I) the resources located in the
core area described in subsection
(b)(2); and
(II) any other property in the core
area that--
(aa) is related to the
themes of the Heritage Area; and
(bb) should be preserved,
restored, managed, or maintained
because of the significance of
the property;
(ii) comprehensive policies, strategies and
recommendations for conservation, funding,
management, and development of the Heritage Area;
(iii) a description of actions that
governments, private organizations, and
individuals have agreed to take to protect the
natural, historical and cultural resources of the
Heritage Area;
(iv) a program of implementation for the
management plan by the management entity that
includes a description of--
(I) actions to facilitate ongoing
collaboration among partners to promote
plans for resource protection,
restoration, and construction; and
(II) specific commitments for
implementation that have been made by
the management entity or any government,
organization, or individual for the
first 5 years of operation;
(v) the identification of sources of funding
for carrying out the management plan;
(vi) analysis and recommendations for means by
which local, State, and Federal programs,
including the role of the National Park Service in
the Heritage
[[Page 123 STAT. 1227]]
Area, may best be coordinated to carry out this
section; and
(vii) an interpretive plan for the Heritage
Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including the development of intergovernmental and
interagency cooperative agreements to protect the
natural, historical, cultural, educational, scenic, and
recreational resources of the Heritage Area.
(3) Deadline.--If a proposed management plan is not
submitted to the Secretary by the date that is 3 years after the
date of enactment of this Act, the management entity shall be
ineligible to receive additional funding under this section
until the date that the Secretary receives and approves the
management plan.
(4) Approval or disapproval of management plan.--
(A) <<NOTE: Deadline.>> In general.--Not later than
180 days after the date of receipt of the management
plan under paragraph (1), the Secretary, in consultation
with the State, shall approve or disapprove the
management plan.
(B) Criteria for approval.--In determining whether
to approve the management plan, the Secretary shall
consider whether--
(i) the management entity is representative of
the diverse interests of the Heritage Area,
including governments, natural and historic
resource protection organizations, educational
institutions, businesses, and recreational
organizations;
(ii) the management entity has afforded
adequate opportunity, including public hearings,
for public and governmental involvement in the
preparation of the management plan; and
(iii) the resource protection and
interpretation strategies contained in the
management plan, if implemented, would adequately
protect the natural, historical, and cultural
resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A),
the Secretary shall--
(i) advise the management entity in writing of
the reasons for the disapproval;
(ii) <<NOTE: Recommen- dations.>> make
recommendations for revisions to the management
plan; and
(iii) <<NOTE: Deadline.>> not later than 180
days after the receipt of any proposed revision of
the management plan from the management entity,
approve or disapprove the proposed revision.
(D) Amendments.--
(i) In general.--The Secretary shall approve
or disapprove each amendment to the management
plan that the Secretary determines make a
substantial change to the management plan.
(ii) Use of funds.--The management entity
shall not use Federal funds authorized by this
section to
[[Page 123 STAT. 1228]]
carry out any amendments to the management plan
until the Secretary has approved the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact on
the Heritage Area is encouraged to consult and coordinate the
activities with the Secretary and the management entity to the
maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law or
regulation authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal
agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the
boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal
agency.
(f) Private Property and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to any
person injured on the private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report in accordance with paragraph
(3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the management entity
with respect to--
(i) accomplishing the purposes of this section
for the Heritage Area; and
[[Page 123 STAT. 1229]]
(ii) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the
leverage and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted
under paragraph (1)(A), the Secretary shall prepare a
report that includes recommendations for the future role
of the National Park Service, if any, with respect to
the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include
an analysis of--
(i) ways in which Federal funding for the
Heritage Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(C) Submission to congress.--On completion of the
report, the Secretary shall submit the report to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, of which not more
than $1,000,000 may be made available for any fiscal year.
(i) Termination of Authority.--The authority of the Secretary to
provide assistance under this section terminates on the date that is 15
years after the date of enactment of this Act.
SEC. 8002. <<NOTE: 16 USC 461 note.>> CACHE LA POUDRE RIVER
NATIONAL HERITAGE AREA, COLORADO.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Cache La Poudre River National Heritage Area established by
subsection (b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Poudre Heritage Alliance, the
local coordinating entity for the Heritage Area designated by
subsection (b)(4).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(d)(1).
(4) Map.--The term ``map'' means the map entitled ``Cache La
Poudre River National Heritage Area'', numbered 960/80,003, and
dated April, 2004.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(b) Cache La Poudre River National Heritage Area.--
[[Page 123 STAT. 1230]]
(1) Establishment.--There is established in the State the
Cache La Poudre River National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of the area
depicted on the map.
(3) Map.--The map shall be on file and available for public
inspection in the appropriate offices of--
(A) the National Park Service; and
(B) the local coordinating entity.
(4) Local coordinating entity.--The local coordinating
entity for the Heritage Area shall be the Poudre Heritage
Alliance, a nonprofit organization incorporated in the State.
(c) Administration.--
(1) Authorities.--To carry out the management plan, the
Secretary, acting through the local coordinating entity, may use
amounts made available under this section--
(A) to make grants to the State (including any
political subdivision of the State), nonprofit
organizations, and other individuals;
(B) to enter into cooperative agreements with, or
provide technical assistance to, the State (including
any political subdivision of the State), nonprofit
organizations, and other interested parties;
(C) to hire and compensate staff, which shall
include individuals with expertise in natural, cultural,
and historical resource protection, and heritage
programming;
(D) to obtain funds or services from any source,
including funds or services that are provided under any
other Federal law or program;
(E) to enter into contracts for goods or services;
and
(F) to serve as a catalyst for any other activity
that--
(i) furthers the purposes and goals of the
Heritage Area; and
(ii) is consistent with the approved
management plan.
(2) Duties.--The local coordinating entity shall--
(A) <<NOTE: Management plan.>> in accordance with
subsection (d), prepare and submit to the Secretary a
management plan for the Heritage Area;
(B) assist units of local government, regional
planning organizations, and nonprofit organizations in
carrying out the approved management plan by--
(i) carrying out programs and projects that
recognize, protect, and enhance important resource
values located in the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and
appreciation for, the natural, historical, scenic,
and cultural resources of the Heritage Area;
(v) protecting and restoring historic sites
and buildings in the Heritage Area that are
consistent with Heritage Area themes;
(vi) ensuring that clear, consistent, and
appropriate signs identifying points of public
access, and
[[Page 123 STAT. 1231]]
sites of interest, are posted throughout the
Heritage Area; and
(vii) promoting a wide range of partnerships
among governments, organizations, and individuals
to further the Heritage Area;
(C) consider the interests of diverse units of
government, businesses, organizations, and individuals
in the Heritage Area in the preparation and
implementation of the management plan;
(D) <<NOTE: Public information. Deadlines.>>
conduct meetings open to the public at least
semiannually regarding the development and
implementation of the management plan;
(E) for any year for which Federal funds have been
received under this section--
(i) <<NOTE: Deadline. Reports.>> submit an
annual report to the Secretary that describes the
activities, expenses, and income of the local
coordinating entity (including grants to any other
entities during the year that the report is made);
(ii) <<NOTE: Records.>> make available to the
Secretary for audit all records relating to the
expenditure of the funds and any matching funds;
and
(iii) <<NOTE: Records.>> require, with
respect to all agreements authorizing expenditure
of Federal funds by other organizations, that the
organizations receiving the funds make available
to the Secretary for audit all records concerning
the expenditure of the funds; and
(F) encourage by appropriate means economic
viability that is consistent with the Heritage Area.
(3) Prohibition on the acquisition of real property.--The
local coordinating entity shall not use Federal funds made
available under this section to acquire real property or any
interest in real property.
(d) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date of enactment of this Act, the local coordinating
entity shall submit to the Secretary for approval a proposed
management plan for the Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative
approach for the protection, enhancement, and
interpretation of the natural, cultural, historic,
scenic, educational, and recreational resources of the
Heritage Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of the resources located in
the Heritage Area;
(ii) comprehensive policies, strategies, and
recommendations for conservation, funding,
management, and development of the Heritage Area;
(iii) a description of actions that
governments, private organizations, and
individuals have agreed to take to protect the
natural, cultural, historic, scenic, educational,
and recreational resources of the Heritage Area;
(iv) a program of implementation for the
management plan by the local coordinating entity
that includes a description of--
[[Page 123 STAT. 1232]]
(I) actions to facilitate ongoing
collaboration among partners to promote
plans for resource protection,
restoration, and construction; and
(II) specific commitments for
implementation that have been made by
the local coordinating entity or any
government, organization, or individual
for the first 5 years of operation;
(v) the identification of sources of funding
for carrying out the management plan;
(vi) analysis and recommendations for means by
which local, State, and Federal programs,
including the role of the National Park Service in
the Heritage Area, may best be coordinated to
carry out this section; and
(vii) an interpretive plan for the Heritage
Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including the development of intergovernmental and
interagency cooperative agreements to protect the
natural, cultural, historic, scenic, educational, and
recreational resources of the Heritage Area.
(3) Deadline.--If a proposed management plan is not
submitted to the Secretary by the date that is 3 years after the
date of enactment of this Act, the local coordinating entity
shall be ineligible to receive additional funding under this
section until the date on which the Secretary approves a
management plan.
(4) Approval or disapproval of management plan.--
(A) <<NOTE: Deadline.>> In general.--Not later than
180 days after the date of receipt of the management
plan under paragraph (1), the Secretary, in consultation
with the State, shall approve or disapprove the
management plan.
(B) Criteria for approval.--In determining whether
to approve the management plan, the Secretary shall
consider whether--
(i) the local coordinating entity is
representative of the diverse interests of the
Heritage Area, including governments, natural and
historic resource protection organizations,
educational institutions, businesses, and
recreational organizations;
(ii) the local coordinating entity has
afforded adequate opportunity, including public
hearings, for public and governmental involvement
in the preparation of the management plan; and
(iii) the resource protection and
interpretation strategies contained in the
management plan, if implemented, would adequately
protect the natural, cultural, historic, scenic,
educational, and recreational resources of the
Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A),
the Secretary shall--
(i) advise the local coordinating entity in
writing of the reasons for the disapproval;
[[Page 123 STAT. 1233]]
(ii) <<NOTE: Recommen- dations.>> make
recommendations for revisions to the management
plan; and
(iii) <<NOTE: Deadline.>> not later than 180
days after the date of receipt of any proposed
revision of the management plan from the local
coordinating entity, approve or disapprove the
proposed revision.
(5) Amendments.--
(A) In general.--The Secretary shall approve or
disapprove each amendment to the management plan that
the Secretary determines would make a substantial change
to the management plan.
(B) Use of funds.--The local coordinating entity
shall not use Federal funds authorized to be
appropriated by this section to carry out any amendments
to the management plan until the Secretary has approved
the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law (including regulations).
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law (including
any regulation) authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal
agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the
boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal
agency.
(f) Private Property and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any public or private property
owner, including the right to refrain from participating in any
plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner--
(A) to permit public access (including access by
Federal, State, or local agencies) to the property of
the property owner; or
(B) to modify public access or use of property of
the property owner under any other Federal, State, or
local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, or local agency;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area; or
[[Page 123 STAT. 1234]]
(7) creates any liability, or affects any liability under
any other law (including regulations), of any private property
owner with respect to any individual injured on the private
property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report in accordance with paragraph
(3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the local coordinating
entity with respect to--
(i) accomplishing the purposes of this section
for the Heritage Area; and
(ii) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the
leverage and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area to
identify the critical components for sustainability of
the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted
under paragraph (1)(A), the Secretary shall prepare a
report that includes recommendations for the future role
of the National Park Service, if any, with respect to
the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include
an analysis of--
(i) ways in which Federal funding for the
Heritage Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(C) Submission to congress.--On completion of the
report, the Secretary shall submit the report to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(h) Funding.--
(1) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $10,000,000, of which
not more than $1,000,000 may be made available for any fiscal
year.
(2) Cost-sharing requirement.--The Federal share of the cost
of any activity carried out using any assistance made available
under this section shall be 50 percent.
(i) Termination of Authority.--The authority of the Secretary to
provide assistance under this section terminates on the date that is 15
years after the date of enactment of this Act.
[[Page 123 STAT. 1235]]
(j) Conforming Amendment.--The Cache La Poudre River Corridor Act
(16 U.S.C. 461 note; Public Law 104-323) is repealed.
SEC. 8003. <<NOTE: 16 USC 461 note.>> SOUTH PARK NATIONAL
HERITAGE AREA, COLORADO.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
of the South Park National Heritage Area, comprised initially of
the individuals, agencies, organizations, and governments that
were involved in the planning and development of the Heritage
Area before the date of enactment of this Act.
(2) Heritage area.--The term ``Heritage Area'' means the
South Park National Heritage Area established by subsection
(b)(1).
(3) Management entity.--The term ``management entity'' means
the management entity for the Heritage Area designated by
subsection (b)(4)(A).
(4) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required by subsection
(d).
(5) Map.--The term ``map'' means the map entitled ``South
Park National Heritage Area Map (Proposed)'', dated January 30,
2006.
(6) Partner.--The term ``partner'' means a Federal, State,
or local governmental entity, organization, private industry,
educational institution, or individual involved in the
conservation, preservation, interpretation, development or
promotion of heritage sites or resources of the Heritage Area.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of Colorado.
(9) Technical assistance.--The term ``technical assistance''
means any guidance, advice, help, or aid, other than financial
assistance, provided by the Secretary.
(b) South Park National Heritage Area.--
(1) Establishment.--There is established in the State the
South Park National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of the
areas included in the map.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in
the appropriate offices of the National Park Service.
(4) Management entity.--
(A) In general.--The management entity for the
Heritage Area shall be the Park County Tourism &
Community Development Office, in conjunction with the
South Park National Heritage Area Board of Directors.
(B) Membership requirements.--Members of the Board
shall include representatives from a broad cross-section
of individuals, agencies, organizations, and governments
that were involved in the planning and development of
the Heritage Area before the date of enactment of this
Act.
(c) Administration.--
(1) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds made
[[Page 123 STAT. 1236]]
available under this section to acquire real property or any
interest in real property.
(2) Authorities.--For purposes of carrying out the
management plan, the Secretary, acting through the management
entity, may use amounts made available under this section to--
(A) make grants to the State or a political
subdivision of the State, nonprofit organizations, and
other persons;
(B) enter into cooperative agreements with, or
provide technical assistance to, the State or a
political subdivision of the State, nonprofit
organizations, and other interested parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resources protection, fundraising, heritage
facility planning and development, and heritage tourism
programming;
(D) obtain funds or services from any source,
including funds or services that are provided under any
other Federal law or program;
(E) enter into contracts for goods or services; and
(F) to facilitate the conduct of other projects and
activities that further the Heritage Area and are
consistent with the approved management plan.
(3) Duties.--The management entity shall--
(A) <<NOTE: Management plan.>> in accordance with
subsection (d), prepare and submit a management plan for
the Heritage Area to the Secretary;
(B) assist units of local government, local property
owners and businesses, and nonprofit organizations in
carrying out the approved management plan by--
(i) carrying out programs and projects that
recognize, protect, enhance, and promote important
resource values in the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(iii) developing economic, recreational and
educational opportunities in the Heritage Area;
(iv) increasing public awareness of, and
appreciation for, historical, cultural, scenic,
recreational, agricultural, and natural resources
of the Heritage Area;
(v) protecting and restoring historic sites
and buildings in the Heritage Area that are
consistent with Heritage Area themes;
(vi) ensuring that clear, consistent, and
appropriate signs identifying points of public
access, and sites of interest are posted
throughout the Heritage Area;
(vii) promoting a wide range of partnerships
among governments, organizations, and individuals
to further the Heritage Area; and
(viii) planning and developing new heritage
attractions, products and services;
(C) consider the interests of diverse units of
government, businesses, organizations, and individuals
in the Heritage Area in the preparation and
implementation of the management plan;
[[Page 123 STAT. 1237]]
(D) <<NOTE: Public information. Deadlines.>>
conduct meetings open to the public at least
semiannually regarding the development and
implementation of the management plan;
(E) for any year for which Federal funds have been
received under this section--
(i) <<NOTE: Deadline. Reports.>> submit to
the Secretary an annual report that describes the
activities, expenses, and income of the management
entity (including grants to any other entities
during the year that the report is made);
(ii) <<NOTE: Records.>> make available to the
Secretary for audit all records relating to the
expenditure of the Federal funds and any matching
funds; and
(iii) <<NOTE: Records.>> require, with
respect to all agreements authorizing expenditure
of Federal funds by other organizations, that the
organizations receiving the funds make available
to the Secretary for audit all records concerning
the expenditure of the funds; and
(F) encourage by appropriate means economic
viability that is consistent with the Heritage Area.
(4) Cost-sharing requirement.--The Federal share of the cost
of any activity carried out using any assistance made available
under this section shall be 50 percent.
(d) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date of enactment of this Act, the management entity,
with public participation, shall submit to the Secretary for
approval a proposed management plan for the Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative
approach for the protection, enhancement,
interpretation, development, and promotion of the
historical, cultural, scenic, recreational,
agricultural, and natural resources of the Heritage
Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of--
(I) the resources located within the
areas included in the map; and
(II) any other eligible and
participating property within the areas
included in the map that--
(aa) is related to the
themes of the Heritage Area; and
(bb) should be preserved,
restored, managed, maintained,
developed, or promoted because
of the significance of the
property;
(ii) comprehensive policies, strategies, and
recommendations for conservation, funding,
management, development, and promotion of the
Heritage Area;
(iii) a description of actions that
governments, private organizations, and
individuals have agreed to take to manage protect
the historical, cultural, scenic, recreational,
agricultural, and natural resources of the
Heritage Area;
(iv) a program of implementation for the
management plan by the management entity that
includes a description of--
[[Page 123 STAT. 1238]]
(I) actions to facilitate ongoing
and effective collaboration among
partners to promote plans for resource
protection, enhancement, interpretation,
restoration, and construction; and
(II) specific commitments for
implementation that have been made by
the management entity or any government,
organization, or individual for the
first 5 years of operation;
(v) the identification of sources of funding
for carrying out the management plan;
(vi) an analysis of and recommendations for
means by which Federal, State, and local programs,
including the role of the National Park Service in
the Heritage Area, may best be coordinated to
carry out this section; and
(vii) an interpretive plan for the Heritage
Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including the development of intergovernmental and
interagency cooperative agreements to protect the
historical, cultural, scenic, recreational,
agricultural, and natural resources of the Heritage
Area.
(3) Deadline.--If a proposed management plan is not
submitted to the Secretary by the date that is 3 years after the
date of enactment of this Act, the management entity shall be
ineligible to receive additional funding under this section
until the date on which the Secretary receives and approves the
management plan.
(4) Approval or disapproval of management plan.--
(A) <<NOTE: Deadline.>> In general.--Not later than
180 days after the date of receipt of the management
plan under paragraph (1), the Secretary, in consultation
with the State, shall approve or disapprove the
management plan.
(B) Criteria for approval.--In determining whether
to approve the management plan, the Secretary shall
consider whether--
(i) the management entity is representative of
the diverse interests of the Heritage Area,
including governments, natural and historical
resource protection organizations, educational
institutions, local businesses and industries,
community organizations, recreational
organizations, and tourism organizations;
(ii) the management entity has afforded
adequate opportunity, including public hearings,
for public and governmental involvement in the
preparation of the management plan; and
(iii) strategies contained in the management
plan, if implemented, would adequately balance the
voluntary protection, development, and
interpretation of the natural, historical,
cultural, scenic, recreational, and agricultural
resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A),
the Secretary shall--
[[Page 123 STAT. 1239]]
(i) advise the management entity in writing of
the reasons for the disapproval;
(ii) <<NOTE: Recommen- dations.>> make
recommendations for revisions to the management
plan; and
(iii) <<NOTE: Deadline.>> not later than 180
days after the receipt of any proposed revision of
the management plan from the management entity,
approve or disapprove the proposed revision.
(D) Amendments.--
(i) In general.--The Secretary shall approve
or disapprove each amendment to the management
plan that the Secretary determines makes a
substantial change to the management plan.
(ii) Use of funds.--The management entity
shall not use Federal funds authorized by this
section to carry out any amendments to the
management plan until the Secretary has approved
the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact on
the Heritage Area is encouraged to consult and coordinate the
activities with the Secretary and the management entity to the
maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law or
regulation authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal
agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the
boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal
agency.
(f) Private Property and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area; or
[[Page 123 STAT. 1240]]
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to any
person injured on the private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report in accordance with paragraph
(3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the management entity
with respect to--
(i) accomplishing the purposes of this section
for the Heritage Area; and
(ii) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the
leverage and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted
under paragraph (1)(A), the Secretary shall prepare a
report that includes recommendations for the future role
of the National Park Service, if any, with respect to
the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include
an analysis of--
(i) ways in which Federal funding for the
Heritage Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(C) Submission to congress.--On completion of the
report, the Secretary shall submit the report to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, of which not more
than $1,000,000 may be made available for any fiscal year.
(i) Termination of Authority.--The authority of the Secretary to
provide assistance under this section terminates on the date that is 15
years after the date of enactment of this Act.
SEC. 8004. <<NOTE: 16 USC 461 note.>> NORTHERN PLAINS NATIONAL
HERITAGE AREA, NORTH DAKOTA.
(a) Definitions.--In this section:
[[Page 123 STAT. 1241]]
(1) Heritage area.--The term ``Heritage Area'' means the
Northern Plains National Heritage Area established by subsection
(b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Northern Plains Heritage
Foundation, the local coordinating entity for the Heritage Area
designated by subsection (c)(1).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(d).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of North
Dakota.
(b) Establishment.--
(1) In general.--There is established the Northern Plains
National Heritage Area in the State of North Dakota.
(2) Boundaries.--The Heritage Area shall consist of--
(A) a core area of resources in Burleigh, McLean,
Mercer, Morton, and Oliver Counties in the State; and
(B) any sites, buildings, and districts within the
core area recommended by the management plan for
inclusion in the Heritage Area.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in
the appropriate offices of the local coordinating entity
and the National Park Service.
(c) Local Coordinating Entity.--
(1) In general.--The local coordinating entity for the
Heritage Area shall be the Northern Plains Heritage Foundation,
a nonprofit corporation established under the laws of the State.
(2) Duties.--To further the purposes of the Heritage Area,
the Northern Plains Heritage Foundation, as the local
coordinating entity, shall--
(A) <<NOTE: Management plan.>> prepare a management
plan for the Heritage Area, and submit the management
plan to the Secretary, in accordance with this section;
(B) <<NOTE: Deadline. Reports.>> submit an annual
report to the Secretary for each fiscal year for which
the local coordinating entity receives Federal funds
under this section, specifying--
(i) the specific performance goals and
accomplishments of the local coordinating entity;
(ii) the expenses and income of the local
coordinating entity;
(iii) the amounts and sources of matching
funds;
(iv) the amounts leveraged with Federal funds
and sources of the leveraged funds; and
(v) grants made to any other entities during
the fiscal year;
(C) <<NOTE: Records.>> make available for audit for
each fiscal year for which the local coordinating entity
receives Federal funds under this section, all
information pertaining to the expenditure of the funds
and any matching funds; and
(D) encourage economic viability and sustainability
that is consistent with the purposes of the Heritage
Area.
[[Page 123 STAT. 1242]]
(3) Authorities.--For the purposes of preparing and
implementing the approved management plan for the Heritage Area,
the local coordinating entity may use Federal funds made
available under this section to--
(A) make grants to political jurisdictions,
nonprofit organizations, and other parties within the
Heritage Area;
(B) enter into cooperative agreements with or
provide technical assistance to political jurisdictions,
nonprofit organizations, Federal agencies, and other
interested parties;
(C) hire and compensate staff, including individuals
with expertise in--
(i) natural, historical, cultural,
educational, scenic, and recreational resource
conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source,
including other Federal programs;
(E) contract for goods or services; and
(F) support activities of partners and any other
activities that further the purposes of the Heritage
Area and are consistent with the approved management
plan.
(4) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds authorized to be
appropriated under this section to acquire any interest in real
property.
(5) Other sources.--Nothing in this section precludes the
local coordinating entity from using Federal funds from other
sources for authorized purposes.
(d) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date of enactment of this Act, the local coordinating
entity shall submit to the Secretary for approval a proposed
management plan for the Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals,
strategies, and recommendations for telling the story of
the heritage of the area covered by the Heritage Area
and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(B) include a description of actions and commitments
that Federal, State, tribal, and local governments,
private organizations, and citizens will take to
protect, enhance, interpret, fund, manage, and develop
the natural, historical, cultural, educational, scenic,
and recreational resources of the Heritage Area;
(C) specify existing and potential sources of
funding or economic development strategies to protect,
enhance, interpret, fund, manage, and develop the
Heritage Area;
(D) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational
resources of the Heritage Area relating to the national
importance and themes of the Heritage Area that should
be protected, enhanced, interpreted, managed, funded,
and developed;
[[Page 123 STAT. 1243]]
(E) recommend policies and strategies for resource
management, including the development of
intergovernmental and interagency agreements to protect,
enhance, interpret, fund, manage, and develop the
natural, historical, cultural, educational, scenic, and
recreational resources of the Heritage Area;
(F) describe a program for implementation for the
management plan, including--
(i) performance goals;
(ii) plans for resource protection,
enhancement, interpretation, funding, management,
and development; and
(iii) specific commitments for implementation
that have been made by the local coordinating
entity or any Federal, State, tribal, or local
government agency, organization, business, or
individual;
(G) include an analysis of, and recommendations for,
means by which Federal, State, tribal, and local
programs may best be coordinated (including the role of
the National Park Service and other Federal agencies
associated with the Heritage Area) to further the
purposes of this section; and
(H) include a business plan that--
(i) describes the role, operation, financing,
and functions of the local coordinating entity and
of each of the major activities described in the
management plan; and
(ii) provides adequate assurances that the
local coordinating entity has the partnerships and
financial and other resources necessary to
implement the management plan for the Heritage
Area.
(3) Deadline.--
(A) In general.--Not later than 3 years after the
date on which funds are first made available to develop
the management plan after designation of the Heritage
Area, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(B) Termination of funding.--If the management plan
is not submitted to the Secretary in accordance with
subparagraph (A), the local coordinating entity shall
not qualify for any additional financial assistance
under this section until such time as the management
plan is submitted to and approved by the Secretary.
(4) Approval of management plan.--
(A) <<NOTE: Deadline.>> Review.--Not later than 180
days after receiving the plan, the Secretary shall
review and approve or disapprove the management plan for
the Heritage Area on the basis of the criteria
established under subparagraph (B).
(B) Criteria for approval.--In determining whether
to approve a management plan for the Heritage Area, the
Secretary shall consider whether--
(i) the local coordinating entity represents
the diverse interests of the Heritage Area,
including Federal, State, tribal, and local
governments, natural, and historic resource
protection organizations, educational
[[Page 123 STAT. 1244]]
institutions, businesses, recreational
organizations, community residents, and private
property owners;
(ii) the local coordinating entity--
(I) has afforded adequate
opportunity for public and Federal,
State, tribal, and local governmental
involvement (including through workshops
and hearings) in the preparation of the
management plan; and
(II) provides for at least
semiannual public meetings to ensure
adequate implementation of the
management plan;
(iii) the resource protection, enhancement,
interpretation, funding, management, and
development strategies described in the management
plan, if implemented, would adequately protect,
enhance, interpret, fund, manage, and develop the
natural, historic, cultural, educational, scenic,
and recreational resources of the Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal land
under public land laws or land use plans;
(v) the local coordinating entity has
demonstrated the financial capability, in
partnership with others, to carry out the plan;
(vi) the Secretary has received adequate
assurances from the appropriate State, tribal, and
local officials whose support is needed to ensure
the effective implementation of the State, tribal,
and local elements of the management plan; and
(vii) the management plan demonstrates
partnerships among the local coordinating entity,
Federal, State, tribal, and local governments,
regional planning organizations, nonprofit
organizations, or private sector parties for
implementation of the management plan.
(C) Disapproval.--
(i) In general.--If the Secretary disapproves
the management plan, the Secretary--
(I) shall advise the local
coordinating entity in writing of the
reasons for the disapproval; and
(II) may make recommendations to the
local coordinating entity for revisions
to the management plan.
(ii) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(D) Amendments.--
(i) <<NOTE: Review.>> In general.--An
amendment to the management plan that
substantially alters the purposes of the Heritage
Area shall be reviewed by the Secretary and
approved or disapproved in the same manner as the
original management plan.
(ii) Implementation.--The local coordinating
entity shall not use Federal funds authorized to
be appropriated by this section to implement an
amendment to the management plan until the
Secretary approves the amendment.
[[Page 123 STAT. 1245]]
(E) Authorities.--The Secretary may--
(i) provide technical assistance under this
section for the development and implementation of
the management plan; and
(ii) enter into cooperative agreements with
interested parties to carry out this section.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) Technical and financial assistance.--
(A) In general.--On the request of the local
coordinating entity, the Secretary may provide financial
assistance and, on a reimbursable or nonreimbursable
basis, technical assistance to the local coordinating
entity to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter
into cooperative agreements with the local coordinating
entity and other public or private entities to provide
technical or financial assistance under subparagraph
(A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist
in--
(i) conserving the significant natural,
historic, cultural, and scenic resources of the
Heritage Area; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with the
purposes of the Heritage Area.
(3) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(4) Other federal agencies.--Nothing in this section--
(A) modifies or alters any laws (including
regulations) authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal
agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the
boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal
agency.
(f) Private Property and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to--
(A) permit public access (including access by
Federal, State, or local agencies) to the property of
the property owner; or
(B) modify public access to, or use of, the property
of the property owner under any other Federal, State, or
local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, tribal, or local agency;
[[Page 123 STAT. 1246]]
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to any
person injured on the private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area under subsection (i), the Secretary shall--
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report in accordance with paragraph
(3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the local coordinating
entity with respect to--
(i) accomplishing the purposes of this section
for the Heritage Area; and
(ii) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the
leverage and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted
under paragraph (1)(A), the Secretary shall prepare a
report that includes recommendations for the future role
of the National Park Service, if any, with respect to
the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include
an analysis of--
(i) ways in which Federal funding for the
Heritage Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(C) Submission to congress.--On completion of the
report, the Secretary shall submit the report to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
[[Page 123 STAT. 1247]]
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost
of any activity under this section shall be not more
than 50 percent.
(B) Form.--The non-Federal contribution may be in
the form of in-kind contributions of goods or services
fairly valued.
(i) Termination of Authority.--The authority of the Secretary to
provide assistance under this section terminates on the date that is 15
years after the date of enactment of this Act.
SEC. 8005. <<NOTE: 16 USC 461 note.>> BALTIMORE NATIONAL HERITAGE
AREA, MARYLAND.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Baltimore National Heritage Area, established by subsection
(b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by subsection (b)(4).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(c)(1)(A).
(4) Map.--The term ``map'' means the map entitled
``Baltimore National Heritage Area'', numbered T10/80,000, and
dated October 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Maryland.
(b) Baltimore National Heritage Area.--
(1) Establishment.--There is established the Baltimore
National Heritage Area in the State.
(2) Boundaries.--The Heritage Area shall be comprised of the
following areas, as described on the map:
(A) The area encompassing the Baltimore City
Heritage Area certified by the Maryland Heritage Areas
Authority in October 2001 as part of the Baltimore City
Heritage Area Management Action Plan.
(B) The Mount Auburn Cemetery.
(C) The Cylburn Arboretum.
(D) The Middle Branch of the Patapsco River and
surrounding shoreline, including--
(i) the Cruise Maryland Terminal;
(ii) new marina construction;
(iii) the National Aquarium Aquatic Life
Center;
(iv) the Westport Redevelopment;
(v) the Gwynns Falls Trail;
(vi) the Baltimore Rowing Club; and
(vii) the Masonville Cove Environmental
Center.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and the Baltimore Heritage Area
Association.
(4) Local coordinating entity.--The Baltimore Heritage Area
Association shall be the local coordinating entity for the
Heritage Area.
(c) Duties and Authorities of Local Coordinating Entity.--
[[Page 123 STAT. 1248]]
(1) Duties of the local coordinating entity.--To further the
purposes of the Heritage Area, the local coordinating entity
shall--
(A) <<NOTE: Management plan.>> prepare, and submit
to the Secretary, in accordance with subsection (d), a
management plan for the Heritage Area;
(B) assist units of local government, regional
planning organizations, and nonprofit organizations in
implementing the approved management plan by--
(i) carrying out programs and projects that
recognize, protect, and enhance important resource
values within the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and
appreciation for, natural, historic, scenic, and
cultural resources of the Heritage Area;
(v) protecting and restoring historic sites
and buildings in the Heritage Area that are
consistent with the themes of the Heritage Area;
(vi) ensuring that signs identifying points of
public access and sites of interest are posted
throughout the Heritage Area; and
(vii) promoting a wide range of partnerships
among governments, organizations, and individuals
to further the purposes of the Heritage Area;
(C) consider the interests of diverse units of
government, businesses, organizations, and individuals
in the Heritage Area in the preparation and
implementation of the management plan;
(D) <<NOTE: Public information. Deadlines.>>
conduct meetings open to the public at least
semiannually regarding the development and
implementation of the management plan;
(E) <<NOTE: Deadline. Reports.>> submit an annual
report to the Secretary for each fiscal year for which
the local coordinating entity receives Federal funds
under this section specifying--
(i) the accomplishments of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity;
(iii) the amounts and sources of matching
funds;
(iv) the amounts leveraged with Federal funds
and sources of the leveraged funds; and
(v) grants made to any other entities during
the fiscal year;
(F) <<NOTE: Records.>> make available for audit for
each fiscal year for which the local coordinating entity
receives Federal funds under this section, all
information pertaining to the expenditure of the funds
and any matching funds;
(G) <<NOTE: Records.>> require in all agreements
authorizing expenditures of Federal funds by other
organizations, that the receiving organizations make
available for audit all records and other information
pertaining to the expenditure of the funds; and
[[Page 123 STAT. 1249]]
(H) encourage, by appropriate means, economic
development that is consistent with the purposes of the
Heritage Area.
(2) Authorities.--The local coordinating entity may, subject
to the prior approval of the Secretary, for the purposes of
preparing and implementing the management plan, use Federal
funds made available under this section to--
(A) make grants to the State, political subdivisions
of the State, nonprofit organizations, and other
persons;
(B) enter into cooperative agreements with, or
provide technical assistance to, the State, political
subdivisions of the State, nonprofit organizations,
Federal agencies, and other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source,
including funds and services provided under any other
Federal law or program;
(E) contract for goods or services; and
(F) support activities of partners and any other
activities that further the purposes of the Heritage
Area and are consistent with the approved management
plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(d) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date on which funds are made available to develop the
management plan, the local coordinating entity shall submit to
the Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals,
strategies, and recommendations for telling the story of
the heritage of the region and encouraging long-term
resource protection, enhancement, interpretation,
funding, management, and development of the Heritage
Area;
(B) take into consideration existing State, county,
and local plans in the development and implementation of
the management plan;
(C) include a description of actions and commitments
that governments, private organizations, and citizens
plan to take to protect, enhance, and interpret the
natural, historic, scenic, and cultural resources of the
Heritage Area;
(D) specify existing and potential sources of
funding or economic development strategies to protect,
enhance, interpret, fund, manage, and develop the
Heritage Area;
(E) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational
resources of the Heritage Area relating to the stories
and themes of the region that should be protected,
enhanced, managed, or developed;
(F) recommend policies and strategies for resource
management including, the development of
intergovernmental and interagency agreements to protect
the natural, historic, cultural, educational, scenic,
and recreational resources of the Heritage Area;
[[Page 123 STAT. 1250]]
(G) describe a program for implementation of the
management plan, including--
(i) performance goals;
(ii) plans for resource protection,
enhancement, and interpretation; and
(iii) specific commitments for implementation
that have been made by the local coordinating
entity or any government, organization, business,
or individual;
(H) include an analysis of, and recommendations for,
ways in which Federal, State, tribal, and local programs
may best be coordinated (including the role of the
National Park Service and other Federal agencies
associated with the Heritage Area) to further the
purposes of this section;
(I) include an interpretive plan for the Heritage
Area; and
(J) include a business plan that--
(i) describes the role, operation, financing,
and functions of the local coordinating entity and
of each of the major activities described in the
management plan; and
(ii) provides adequate assurances that the
local coordinating entity has the partnerships and
financial and other resources necessary to
implement the management plan for the Heritage
Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this section, the
local coordinating entity shall not qualify for additional
financial assistance under this section until the management
plan is submitted to, and approved by, the Secretary.
(4) Approval of management plan.--
(A) <<NOTE: Deadline.>> Review.--Not later than 180
days after the date on which the Secretary receives the
management plan, the Secretary shall approve or
disapprove the management plan.
(B) Consultation required.--The Secretary shall
consult with the Governor of the State and any tribal
government in which the Heritage Area is located before
approving the management plan.
(C) Criteria for approval.--In determining whether
to approve the management plan, the Secretary shall
consider whether--
(i) the local coordinating entity represents
the diverse interests of the Heritage Area,
including governments, natural and historic
resource protection organizations, educational
institutions, businesses, community residents, and
recreational organizations;
(ii) the local coordinating entity has
afforded adequate opportunity for public and
governmental involvement (including through
workshops and public meetings) in the preparation
of the management plan;
(iii) the resource protection and
interpretation strategies described in the
management plan, if implemented, would adequately
protect the natural, historic, and cultural
resources of the Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal or
tribal land under applicable laws or land use
plans;
[[Page 123 STAT. 1251]]
(v) the Secretary has received adequate
assurances from the appropriate State, tribal, and
local officials whose support is needed to ensure
the effective implementation of the State, tribal,
and local aspects of the management plan; and
(vi) the local coordinating entity has
demonstrated the financial capability, in
partnership with others, to carry out the
management plan.
(D) Action following disapproval.--
(i) In general.--If the Secretary disapproves
the management plan, the Secretary--
(I) shall advise the local
coordinating entity in writing of the
reasons for the disapproval; and
(II) may make recommendations to the
local coordinating entity for revisions
to the management plan.
(ii) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(E) Amendments.--
(i) <<NOTE: Review.>> In general.--An
amendment to the management plan that
substantially alters the purposes of the Heritage
Area shall be reviewed by the Secretary and
approved or disapproved in the same manner as the
original management plan.
(ii) Implementation.--The local coordinating
entity shall not use Federal funds authorized to
be appropriated by this section to implement an
amendment to the management plan until the
Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local
coordinating entity, the Secretary may provide technical
and financial assistance, on a reimbursable or
nonreimbursable basis (as determined by the Secretary),
to the local coordinating entity to develop and
implement the management plan.
(B) Cooperative agreements.--The Secretary may enter
into cooperative agreements with the local coordinating
entity and other public or private entities to provide
technical or financial assistance under subparagraph
(A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist
in--
(i) conserving the significant natural,
historic, cultural, and scenic resources of the
Heritage Area; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with the
purposes of the Heritage Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the
date on which authority for Federal funding terminates
for the Heritage Area under subsection (i), the
Secretary shall--
(i) conduct an evaluation of the
accomplishments of the Heritage Area; and
[[Page 123 STAT. 1252]]
(ii) prepare a report with recommendations for
the future role of the National Park Service, if
any, with respect to the Heritage Area, in
accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under
subparagraph (A)(i) shall--
(i) assess the progress of the local
coordinating entity with respect to--
(I) accomplishing the purposes of
this section for the Heritage Area; and
(II) achieving the goals and
objectives of the approved management
plan for the Heritage Area;
(ii) analyze the Federal, State, local, and
private investments in the Heritage Area to
determine the leverage and impact of the
investments; and
(iii) review the management structure,
partnership relationships, and funding of the
Heritage Area for purposes of identifying the
critical components for sustainability of the
Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation
conducted under subparagraph (A)(i), the Secretary
shall prepare a report that includes
recommendations for the future role of the
National Park Service, if any, with respect to the
Heritage Area.
(ii) Required analysis.--If the report
prepared under this subparagraph recommends that
Federal funding for the Heritage Area be
reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding
for the Heritage Area may be reduced or
eliminated; and
(II) the appropriate time period
necessary to achieve the recommended
reduction or elimination.
(iii) Submission to congress.--On completion
of a report under this subparagraph, the Secretary
shall submit the report to--
(I) the Committee on Energy and
Natural Resources of the Senate; and
(II) the Committee on Natural
Resources of the House of
Representatives.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal
agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the
boundaries of the Heritage Area; or
[[Page 123 STAT. 1253]]
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal
agency.
(g) Property Owners and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal,
State, or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State,
or local law with regard to public access or use of
private land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any Federal,
State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to any
person injured on the private property.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost
of any activity under this section shall be not more
than 50 percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind
contributions of goods or services fairly valued.
(i) Termination of Effectiveness.--The authority of the Secretary to
provide assistance under this section terminates on the date that is 15
years after the date of enactment of this Act.
SEC. 8006. <<NOTE: 16 USC 461 note.>> FREEDOM'S WAY NATIONAL
HERITAGE AREA, MASSACHUSETTS AND NEW
HAMPSHIRE.
(a) Purposes.--The purposes of this section are--
(1) to foster a close working relationship between the
Secretary and all levels of government, the private sector, and
local communities in the States of Massachusetts and New
Hampshire;
(2) to assist the entities described in paragraph (1) to
preserve the special historic identity of the Heritage Area; and
(3) to manage, preserve, protect, and interpret the
cultural, historic, and natural resources of the Heritage Area
for the educational and inspirational benefit of future
generations.
(b) Definitions.--In this section:
[[Page 123 STAT. 1254]]
(1) Heritage area.--The term ``Heritage Area'' means the
Freedom's Way National Heritage Area established by subsection
(c)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by subsection (c)(4).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(d)(1)(A).
(4) Map.--The term ``map'' means the map entitled
``Freedom's Way National Heritage Area'', numbered T04/80,000,
and dated July 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment.--
(1) In general.--There is established the Freedom's Way
National Heritage Area in the States of Massachusetts and New
Hampshire.
(2) Boundaries.--
(A) In general.--The boundaries of the Heritage Area
shall be as generally depicted on the map.
(B) Revision.--The boundaries of the Heritage Area
may be revised if the revision is--
(i) proposed in the management plan;
(ii) approved by the Secretary in accordance
with subsection (e)(4); and
(iii) placed on file in accordance with
paragraph (3).
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and the local coordinating entity.
(4) Local coordinating entity.--The Freedom's Way Heritage
Association, Inc., shall be the local coordinating entity for
the Heritage Area.
(d) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further the
purposes of the Heritage Area, the local coordinating entity
shall--
(A) <<NOTE: Management plan.>> prepare, and submit
to the Secretary, in accordance with subsection (e), a
management plan for the Heritage Area;
(B) assist units of local government, regional
planning organizations, and nonprofit organizations in
implementing the approved management plan by--
(i) carrying out programs and projects that
recognize and protect important resource values
within the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and
appreciation for, natural, historic, and cultural
resources of the Heritage Area;
[[Page 123 STAT. 1255]]
(v) protecting and restoring historic
buildings in the Heritage Area that are consistent
with the themes of the Heritage Area; and
(vi) ensuring that signs identifying points of
public access and sites of interest are posted
throughout the Heritage Area;
(C) consider the interests of diverse units of
government, businesses, organizations, and individuals
in the Heritage Area in the preparation and
implementation of the management plan;
(D) <<NOTE: Public information. Deadlines.>>
conduct meetings open to the public at least quarterly
regarding the development and implementation of the
management plan;
(E) <<NOTE: Deadline. Reports.>> submit an annual
report to the Secretary for each fiscal year for which
the local coordinating entity receives Federal funds
under this section specifying--
(i) the accomplishments of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity;
(iii) the amounts and sources of matching
funds;
(iv) the amounts leveraged with Federal funds
and sources of the leveraged funds; and
(v) grants made to any other entities during
the fiscal year;
(F) <<NOTE: Records.>> make available for audit for
each fiscal year for which the local coordinating entity
receives Federal funds under this section, all
information pertaining to the expenditure of the funds
and any matching funds;
(G) <<NOTE: Records.>> require in all agreements
authorizing expenditures of Federal funds by other
organizations, that the receiving organizations make
available for audit all records and other information
pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic
development that is consistent with the purposes of the
Heritage Area.
(2) Authorities.--The local coordinating entity may, subject
to the prior approval of the Secretary, for the purposes of
preparing and implementing the management plan, use Federal
funds made available under this section to--
(A) make grants to the States of Massachusetts and
New Hampshire, political subdivisions of the States,
nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or
provide technical assistance to, the States of
Massachusetts and New Hampshire, political subdivisions
of the States, nonprofit organizations, Federal
agencies, and other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source,
including funds and services provided under any other
Federal law or program;
(E) contract for goods or services; and
(F) support activities of partners and any other
activities that further the purposes of the Heritage
Area and are consistent with the approved management
plan.
[[Page 123 STAT. 1256]]
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(4) Use of funds for non-federal property.--The local
coordinating entity may use Federal funds made available under
this section to assist non-Federal property that is--
(A) described in the management plan; or
(B) listed, or eligible for listing, on the National
Register of Historic Places.
(e) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date on which funds are made available to develop the
management plan, the local coordinating entity shall submit to
the Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals,
strategies, and recommendations for the conservation,
funding, management, and development of the Heritage
Area;
(B) take into consideration existing State, county,
and local plans in the development and implementation of
the management plan;
(C) provide a framework for coordination of the
plans considered under subparagraph (B) to present a
unified historic preservation and interpretation plan;
(D) contain the contributions of residents, public
agencies, and private organizations within the Heritage
Area;
(E) include a description of actions and commitments
that governments, private organizations, and citizens
plan to take to protect, enhance, and interpret the
natural, historic, scenic, and cultural resources of the
Heritage Area;
(F) specify existing and potential sources of
funding or economic development strategies to conserve,
manage, and develop the Heritage Area;
(G) include an inventory of the natural, historic,
and recreational resources of the Heritage Area,
including a list of properties that--
(i) are related to the themes of the Heritage
Area; and
(ii) should be conserved, restored, managed,
developed, or maintained;
(H) recommend policies and strategies for resource
management that--
(i) apply appropriate land and water
management techniques;
(ii) include the development of
intergovernmental and interagency agreements to
protect the natural, historic, and cultural
resources of the Heritage Area; and
(iii) support economic revitalization efforts;
(I) describe a program for implementation of the
management plan, including--
(i) restoration and construction plans or
goals;
(ii) a program of public involvement;
(iii) annual work plans; and
(iv) annual reports;
[[Page 123 STAT. 1257]]
(J) include an analysis of, and recommendations for,
ways in which Federal, State, tribal, and local programs
may best be coordinated (including the role of the
National Park Service and other Federal agencies
associated with the Heritage Area) to further the
purposes of this section;
(K) include an interpretive plan for the Heritage
Area; and
(L) include a business plan that--
(i) describes the role, operation, financing,
and functions of the local coordinating entity and
of each of the major activities described in the
management plan; and
(ii) provides adequate assurances that the
local coordinating entity has the partnerships and
financial and other resources necessary to
implement the management plan for the Heritage
Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this section, the
local coordinating entity shall not qualify for additional
financial assistance under this section until the management
plan is submitted to, and approved by, the Secretary.
(4) Approval of management plan.--
(A) <<NOTE: Deadline.>> Review.--Not later than 180
days after the date on which the Secretary receives the
management plan, the Secretary shall approve or
disapprove the management plan.
(B) Criteria for approval.--In determining whether
to approve the management plan, the Secretary shall
consider whether--
(i) the local coordinating entity represents
the diverse interests of the Heritage Area,
including governments, natural and historic
resource protection organizations, educational
institutions, businesses, community residents, and
recreational organizations;
(ii) the local coordinating entity has
afforded adequate opportunity for public and
governmental involvement (including through
workshops and public meetings) in the preparation
of the management plan;
(iii) the resource protection and
interpretation strategies described in the
management plan, if implemented, would adequately
protect the natural, historic, and cultural
resources of the Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal or
tribal land under applicable laws or land use
plans;
(v) the Secretary has received adequate
assurances from the appropriate State, tribal, and
local officials whose support is needed to ensure
the effective implementation of the State, tribal,
and local aspects of the management plan; and
(vi) the local coordinating entity has
demonstrated the financial capability, in
partnership with others, to carry out the
management plan.
(C) Action following disapproval.--
(i) In general.--If the Secretary disapproves
the management plan, the Secretary--
[[Page 123 STAT. 1258]]
(I) shall advise the local
coordinating entity in writing of the
reasons for the disapproval; and
(II) may make recommendations to the
local coordinating entity for revisions
to the management plan.
(ii) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(D) Amendments.--
(i) <<NOTE: Review.>> In general.--An
amendment to the management plan that
substantially alters the purposes of the Heritage
Area shall be reviewed by the Secretary and
approved or disapproved in the same manner as the
original management plan.
(ii) Implementation.--The local coordinating
entity shall not use Federal funds authorized to
be appropriated by this section to implement an
amendment to the management plan until the
Secretary approves the amendment.
(f) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local
coordinating entity, the Secretary may provide technical
and financial assistance, on a reimbursable or
nonreimbursable basis (as determined by the Secretary),
to the local coordinating entity to develop and
implement the management plan.
(B) Cooperative agreements.--The Secretary may enter
into cooperative agreements with the local coordinating
entity and other public or private entities to provide
technical or financial assistance under subparagraph
(A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist
in--
(i) conserving the significant natural,
historic, and cultural resources of the Heritage
Area; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with the
purposes of the Heritage Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the
date on which authority for Federal funding terminates
for the Heritage Area under subsection (j), the
Secretary shall--
(i) conduct an evaluation of the
accomplishments of the Heritage Area; and
(ii) prepare a report with recommendations for
the future role of the National Park Service, if
any, with respect to the Heritage Area, in
accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under
subparagraph (A)(i) shall--
(i) assess the progress of the local
coordinating entity with respect to--
(I) accomplishing the purposes of
this section for the Heritage Area; and
[[Page 123 STAT. 1259]]
(II) achieving the goals and
objectives of the approved management
plan for the Heritage Area;
(ii) analyze the Federal, State, local, and
private investments in the Heritage Area to
determine the leverage and impact of the
investments; and
(iii) review the management structure,
partnership relationships, and funding of the
Heritage Area for purposes of identifying the
critical components for sustainability of the
Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation
conducted under subparagraph (A)(i), the Secretary
shall prepare a report that includes
recommendations for the future role of the
National Park Service, if any, with respect to the
Heritage Area.
(ii) Required analysis.--If the report
prepared under this subparagraph recommends that
Federal funding for the Heritage Area be
reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding
for the Heritage Area may be reduced or
eliminated; and
(II) the appropriate time period
necessary to achieve the recommended
reduction or elimination.
(iii) Submission to congress.--On completion
of a report under this subparagraph, the Secretary
shall submit the report to--
(I) the Committee on Energy and
Natural Resources of the Senate; and
(II) the Committee on Natural
Resources of the House of
Representatives.
(g) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal
agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the
boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal
agency.
(h) Property Owners and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal,
State, or local government access) to the property; or
[[Page 123 STAT. 1260]]
(B) modify any provisions of Federal, tribal, State,
or local law with regard to public access or use of
private land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any Federal,
State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the States of Massachusetts
and New Hampshire to manage fish and wildlife, including the
regulation of fishing and hunting within the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to any
person injured on the private property.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Funds made available under paragraph (1)
shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost
of any activity under this section shall be not more
than 50 percent.
(B) Form.--The non-Federal contribution may be in
the form of in-kind contributions of goods or services
fairly valued.
(j) Termination of Financial Assistance.--The authority of the
Secretary to provide financial assistance under this section terminates
on the date that is 15 years after the date of enactment of this Act.
SEC. 8007. <<NOTE: 16 USC 461 note.>> MISSISSIPPI HILLS NATIONAL
HERITAGE AREA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Mississippi Hills National Heritage Area established by
subsection (b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
Heritage Area designated by subsection (b)(3)(A).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area required under subsection
(c)(1)(A).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Mississippi.
(b) Mississippi Hills National Heritage Area.--
(1) Establishment.--There is established the Mississippi
Hills National Heritage Area in the State.
(2) Boundaries.--
(A) Affected counties.--The Heritage Area shall
consist of all, or portions of, as specified by the
boundary description in subparagraph (B), Alcorn,
Attala, Benton,
[[Page 123 STAT. 1261]]
Calhoun, Carroll, Chickasaw, Choctaw, Clay, DeSoto,
Grenada, Holmes, Itawamba, Lafayette, Lee, Lowndes,
Marshall, Monroe, Montgomery, Noxubee, Oktibbeha,
Panola, Pontotoc, Prentiss, Tate, Tippah, Tishomingo,
Union, Webster, Winston, and Yalobusha Counties in the
State.
(B) Boundary description.--The Heritage Area shall
have the following boundary description:
(i) traveling counterclockwise, the Heritage
Area shall be bounded to the west by U.S. Highway
51 from the Tennessee State line until it
intersects Interstate 55 (at Geeslin Corner
approximately \1/2\ mile due north of Highway
Interchange 208);
(ii) from this point, Interstate 55 shall be
the western boundary until it intersects with
Mississippi Highway 12 at Highway Interchange 156,
the intersection of which shall be the southwest
terminus of the Heritage Area;
(iii) from the southwest terminus, the
boundary shall--
(I) extend east along Mississippi
Highway 12 until it intersects U.S.
Highway 51;
(II) follow Highway 51 south until
it is intersected again by Highway 12;
(III) extend along Highway 12 into
downtown Kosciusko where it intersects
Mississippi Highway 35;
(IV) follow Highway 35 south until
it is intersected by Mississippi Highway
14; and
(V) extend along Highway 14 until it
reaches the Alabama State line, the
intersection of which shall be the
southeast terminus of the Heritage Area;
(iv) from the southeast terminus, the boundary
of the Heritage Area shall follow the Mississippi-
Alabama State line until it reaches the
Mississippi-Tennessee State line, the intersection
of which shall be the northeast terminus of the
Heritage Area; and
(v) the boundary shall extend due west until
it reaches U.S. Highway 51, the intersection of
which shall be the northwest terminus of the
Heritage Area.
(3) Local coordinating entity.--
(A) <<NOTE: Designation.>> In general.--The local
coordinating entity for the Heritage Area shall be the
Mississippi Hills Heritage Area Alliance, a nonprofit
organization registered by the State, with the
cooperation and support of the University of
Mississippi.
(B) Board of directors.--
(i) In general.--The local coordinating entity
shall be governed by a Board of Directors
comprised of not more than 30 members.
(ii) Composition.--Members of the Board of
Directors shall consist of--
(I) not more than 1 representative
from each of the counties described in
paragraph (2)(A); and
(II) any ex-officio members that may
be appointed by the Board of Directors,
as the Board of Directors determines to
be necessary.
[[Page 123 STAT. 1262]]
(c) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further the
purposes of the Heritage Area, the local coordinating entity
shall--
(A) <<NOTE: Management plan.>> prepare, and submit
to the Secretary, in accordance with subsection (d), a
management plan for the Heritage Area;
(B) assist units of local government, regional
planning organizations, and nonprofit organizations in
implementing the approved management plan by--
(i) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(ii) developing recreational opportunities in
the Heritage Area;
(iii) increasing public awareness of, and
appreciation for, natural, historical, cultural,
archaeological, and recreational resources of the
Heritage Area;
(iv) restoring historic sites and buildings in
the Heritage Area that are consistent with the
themes of the Heritage Area; and
(v) carrying out any other activity that the
local coordinating entity determines to be
consistent with this section;
(C) <<NOTE: Public information. Deadline.>> conduct
meetings open to the public at least annually regarding
the development and implementation of the management
plan;
(D) <<NOTE: Deadline. Reports.>> submit an annual
report to the Secretary for each fiscal year for which
the local coordinating entity receives Federal funds
under this section specifying--
(i) the accomplishments of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity;
(iii) the amounts and sources of matching
funds;
(iv) the amounts leveraged with Federal funds
and sources of the leveraged funds; and
(v) grants made to any other entities during
the fiscal year;
(E) <<NOTE: Records.>> make available for audit for
each fiscal year for which the local coordinating entity
receives Federal funds under this section, all
information pertaining to the expenditure of the funds
and any matching funds;
(F) <<NOTE: Records.>> require in all agreements
authorizing expenditures of Federal funds by other
organizations, that the receiving organizations make
available for audit all records and other information
pertaining to the expenditure of the funds; and
(G) ensure that each county included in the Heritage
Area is appropriately represented on any oversight
advisory committee established under this section to
coordinate the Heritage Area.
(2) Authorities.--The local coordinating entity may, subject
to the prior approval of the Secretary, for the purposes of
preparing and implementing the management plan, use Federal
funds made available under this section to--
[[Page 123 STAT. 1263]]
(A) make grants and loans to the State, political
subdivisions of the State, nonprofit organizations, and
other persons;
(B) enter into cooperative agreements with, or
provide technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, and
other organizations;
(C) hire and compensate staff;
(D) obtain funds or services from any source,
including funds and services provided under any other
Federal law or program; and
(E) contract for goods or services.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(d) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date on which funds are made available to develop the
management plan, the local coordinating entity shall submit to
the Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) provide recommendations for the preservation,
conservation, enhancement, funding, management,
interpretation, development, and promotion of the
cultural, historical, archaeological, natural, and
recreational resources of the Heritage Area;
(B) specify existing and potential sources of
funding or economic development strategies to protect,
enhance, interpret, fund, manage, and develop the
Heritage Area;
(C) include--
(i) an inventory of the natural, historical,
cultural, archaeological, and recreational
resources of the Heritage Area; and
(ii) an analysis of how Federal, State,
tribal, and local programs may best be coordinated
to promote and carry out this section;
(D) provide recommendations for educational and
interpretive programs to provide information to the
public on the resources of the Heritage Area; and
(E) involve residents of affected communities and
tribal and local governments.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this subsection,
the local coordinating entity shall not qualify for additional
financial assistance under this section until the management
plan is submitted to, and approved by, the Secretary.
(4) Approval of management plan.--
(A) <<NOTE: Deadline.>> Review.--Not later than 180
days after the date on which the Secretary receives the
management plan, the Secretary shall approve or
disapprove the management plan.
(B) Consultation required.--The Secretary shall
consult with the Governor of the State and any tribal
government in which the Heritage Area is located before
approving the management plan.
[[Page 123 STAT. 1264]]
(C) Criteria for approval.--In determining whether
to approve the management plan, the Secretary shall
consider whether--
(i) the local coordinating entity represents
the diverse interests of the Heritage Area,
including governments, natural and historical
resource protection organizations, educational
institutions, businesses, community residents, and
recreational organizations;
(ii) the local coordinating entity has
afforded adequate opportunity for public and
governmental involvement (including through
workshops and public meetings) in the preparation
of the management plan;
(iii) the resource protection and
interpretation strategies described in the
management plan, if implemented, would adequately
protect the natural, historical, cultural,
archaeological, and recreational resources of the
Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal or
tribal land under applicable laws or land use
plans;
(v) the Secretary has received adequate
assurances from the appropriate State, tribal, and
local officials whose support is needed to ensure
the effective implementation of the State, tribal,
and local aspects of the management plan; and
(vi) the local coordinating entity has
demonstrated the financial capability, in
partnership with others, to carry out the
management plan.
(D) Action following disapproval.--
(i) In general.--If the Secretary disapproves
the management plan, the Secretary--
(I) shall advise the local
coordinating entity in writing of the
reasons for the disapproval; and
(II) may make recommendations to the
local coordinating entity for revisions
to the management plan.
(ii) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(E) Review; amendments.--
(i) In general.--After approval by the
Secretary of the management plan, the Alliance
shall periodically--
(I) review the management plan; and
(II) <<NOTE: Recommen- dations.>>
submit to the Secretary, for review and
approval by the Secretary, any
recommendations for revisions to the
management plan.
(ii) In general.--An amendment to the
management plan that substantially alters the
purposes of the Heritage Area shall be reviewed by
the Secretary and approved or disapproved in the
same manner as the original management plan.
(iii) Implementation.--The local coordinating
entity shall not use Federal funds authorized to
be
[[Page 123 STAT. 1265]]
appropriated by this section to implement an
amendment to the management plan until the
Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local
coordinating entity, the Secretary may provide technical
and financial assistance, on a reimbursable or
nonreimbursable basis (as determined by the Secretary),
to the local coordinating entity to develop and
implement the management plan.
(B) Cooperative agreements.--The Secretary may enter
into cooperative agreements with the local coordinating
entity and other public or private entities to provide
technical or financial assistance under subparagraph
(A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist
in--
(i) conserving the significant natural,
historical, cultural, archaeological, and
recreational resources of the Heritage Area; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with the
purposes of the Heritage Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the
date on which authority for Federal funding terminates
for the Heritage Area under subsection (i), the
Secretary shall--
(i) conduct an evaluation of the
accomplishments of the Heritage Area; and
(ii) prepare a report with recommendations for
the future role of the National Park Service, if
any, with respect to the Heritage Area, in
accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under
subparagraph (A)(i) shall--
(i) assess the progress of the local
coordinating entity with respect to--
(I) accomplishing the purposes of
this section for the Heritage Area; and
(II) achieving the goals and
objectives of the approved management
plan for the Heritage Area;
(ii) analyze the Federal, State, local, and
private investments in the Heritage Area to
determine the leverage and impact of the
investments; and
(iii) review the management structure,
partnership relationships, and funding of the
Heritage Area for purposes of identifying the
critical components for sustainability of the
Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation
conducted under subparagraph (A)(i), the Secretary
shall prepare a report that includes
recommendations for the future role of the
National Park Service, if any, with respect to the
Heritage Area.
(ii) Required analysis.--If the report
prepared under this subparagraph recommends that
Federal
[[Page 123 STAT. 1266]]
funding for the Heritage Area be reauthorized, the
report shall include an analysis of--
(I) ways in which Federal funding
for the Heritage Area may be reduced or
eliminated; and
(II) the appropriate time period
necessary to achieve the recommended
reduction or elimination.
(iii) Submission to congress.--On completion
of a report under this subparagraph, the Secretary
shall submit the report to--
(I) the Committee on Energy and
Natural Resources of the Senate; and
(II) the Committee on Natural
Resources of the House of
Representatives.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal
agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the
boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal
agency.
(g) Effect.--
(1) Property owners and regulatory protections.--Nothing in
this section--
(A) abridges the rights of any owner of public or
private property, including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(B) requires any property owner to--
(i) permit public access (including Federal,
tribal, State, or local government access) to the
property; or
(ii) modify any provisions of Federal, tribal,
State, or local law with regard to public access
or use of private land;
(C) alters any duly adopted land use regulations,
approved land use plan, or any other regulatory
authority of any Federal, State, or local agency, or
tribal government;
(D) conveys any land use or other regulatory
authority to the local coordinating entity;
(E) authorizes or implies the reservation or
appropriation of water or water rights;
(F) diminishes the authority of the State to manage
fish and wildlife, including the regulation of fishing
and hunting within the Heritage Area; or
(G) creates any liability, or affects any liability
under any other law, of any private property owner with
respect to any person injured on the private property.
[[Page 123 STAT. 1267]]
(2) No effect on indian tribes.--Nothing in this section--
(A) restricts an Indian tribe from protecting
cultural or religious sites on tribal land; or
(B) diminishes the trust responsibilities or
government-to-government obligations of the United
States to any Indian tribe recognized by the Federal
Government.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost
of any activity under this section shall be not more
than 50 percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind
contributions of goods or services fairly valued.
(i) Termination of Financial Assistance.--The authority of the
Secretary to provide financial assistance under this section terminates
on the date that is 15 years after the date of enactment of this Act.
SEC. 8008. <<NOTE: 16 USC 461 note.>> MISSISSIPPI DELTA NATIONAL
HERITAGE AREA.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
of the local coordinating entity.
(2) Heritage area.--The term ``Heritage Area'' means the
Mississippi Delta National Heritage Area established by
subsection (b)(1).
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by subsection (b)(4)(A).
(4) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under subsection
(d).
(5) Map.--The term ``map'' means the map entitled
``Mississippi Delta National Heritage Area'', numbered T13/
80,000, and dated April 2008.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of
Mississippi.
(b) Establishment.--
(1) Establishment.--There is established in the State the
Mississippi Delta National Heritage Area.
(2) Boundaries.--The Heritage Area shall include all
counties in the State that contain land located in the alluvial
floodplain of the Mississippi Delta, including Bolivar, Carroll,
Coahoma, Desoto, Holmes, Humphreys, Issaquena, Leflore, Panola,
Quitman, Sharkey, Sunflower, Tallahatchie, Tate, Tunica, Warren,
Washington, and Yazoo Counties in the State, as depicted on the
map.
[[Page 123 STAT. 1268]]
(3) Availability of map.--The map shall be on file and
available for public inspection in the office of the Director of
the National Park Service.
(4) Local coordinating entity.--
(A) Designation.--The Mississippi Delta National
Heritage Area Partnership shall be the local
coordinating entity for the Heritage Area.
(B) Board of directors.--
(i) Composition.--
(I) In general.--The local
coordinating entity shall be governed by
a Board of Directors composed of 15
members, of whom--
(aa) 1 member shall be
appointed by Delta State
University;
(bb) 1 member shall be
appointed by Mississippi Valley
State University;
(cc) 1 member shall be
appointed by Alcorn State
University;
(dd) 1 member shall be
appointed by the Delta
Foundation;
(ee) 1 member shall be
appointed by the Smith Robertson
Museum;
(ff) 1 member shall be
appointed from the office of the
Governor of the State;
(gg) 1 member shall be
appointed by Delta Council;
(hh) 1 member shall be
appointed from the Mississippi
Arts Commission;
(ii) 1 member shall be
appointed from the Mississippi
Department of Archives and
History;
(jj) 1 member shall be
appointed from the Mississippi
Humanities Council; and
(kk) up to 5 additional
members shall be appointed for
staggered 1- and 2-year terms by
County boards in the Heritage
Area.
(II) Residency requirements.--At
least 7 members of the Board shall
reside in the Heritage Area.
(ii) Officers.--
(I) In general.--At the initial
meeting of the Board, the members of the
Board shall appoint a Chairperson, Vice
Chairperson, and Secretary/Treasurer.
(II) Duties.--
(aa) Chairperson.--The
duties of the Chairperson shall
include--
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(bb) Vice chairperson.--The
Vice Chairperson shall act as
Chairperson in the absence or
disability of the Chairperson.
[[Page 123 STAT. 1269]]
(iii) Management authority.--
(I) In general.--The Board shall--
(aa) exercise all corporate
powers of the local coordinating
entity;
(bb) manage the activities
and affairs of the local
coordinating entity; and
(cc) <<NOTE: Policies.>>
subject to any limitations in
the articles and bylaws of the
local coordinating entity, this
section, and any other
applicable Federal or State law,
establish the policies of the
local coordinating entity.
(II) Staff.--The Board shall have
the authority to employ any services and
staff that are determined to be
necessary by a majority vote of the
Board.
(iv) Bylaws.--
(I) In general.--The Board may amend
or repeal the bylaws of the local
coordinating entity at any meeting of
the Board by a majority vote of the
Board.
(II) Notice.--The Board shall
provide notice of any meeting of the
Board at which an amendment to the
bylaws is to be considered that includes
the text or a summary of the proposed
amendment.
(v) <<NOTE: Deadline.>> Minutes.--Not later
than 60 days after a meeting of the Board, the
Board shall distribute the minutes of the meeting
among all Board members and the county supervisors
in each county within the Heritage Area.
(c) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further the
purposes of the Heritage Area, the local coordinating entity
shall--
(A) <<NOTE: Management plan.>> prepare, and submit
to the Secretary, in accordance with subsection (d), a
management plan for the Heritage Area;
(B) assist units of local government, regional
planning organizations, and nonprofit organizations in
implementing the approved management plan by--
(i) carrying out programs and projects that
recognize, protect, and enhance important resource
values within the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and
appreciation for, natural, historic, scenic, and
cultural resources of the Heritage Area;
(v) protecting and restoring historic sites
and buildings in the Heritage Area that are
consistent with the themes of the Heritage Area;
(vi) ensuring that signs identifying points of
public access and sites of interest are posted
throughout the Heritage Area; and
[[Page 123 STAT. 1270]]
(vii) promoting a wide range of partnerships
among governments, organizations, and individuals
to further the purposes of the Heritage Area;
(C) consider the interests of diverse units of
government, businesses, organizations, and individuals
in the Heritage Area in the preparation and
implementation of the management plan;
(D) <<NOTE: Public information. Deadlines.>>
conduct meetings open to the public at least
semiannually regarding the development and
implementation of the management plan;
(E) <<NOTE: Deadline. Reports.>> submit an annual
report to the Secretary for each fiscal year for which
the local coordinating entity receives Federal funds
under this section specifying--
(i) the accomplishments of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity;
(iii) the amounts and sources of matching
funds;
(iv) the amounts leveraged with Federal funds
and sources of the leveraged funds; and
(v) grants made to any other entities during
the fiscal year;
(F) <<NOTE: Records.>> make available for audit for
each fiscal year for which the local coordinating entity
receives Federal funds under this section, all
information pertaining to the expenditure of the funds
and any matching funds;
(G) <<NOTE: Records.>> require in all agreements
authorizing expenditures of Federal funds by other
organizations, that the receiving organizations make
available for audit all records and other information
pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic
development that is consistent with the purposes of the
Heritage Area.
(2) Authorities.--The local coordinating entity may, subject
to the prior approval of the Secretary, for the purposes of
preparing and implementing the management plan, use Federal
funds made available under this section to--
(A) make grants to the State, political subdivisions
of the State, nonprofit organizations, and other
persons;
(B) enter into cooperative agreements with, or
provide technical assistance to, the State, political
subdivisions of the State, nonprofit organizations,
Federal agencies, and other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source,
including funds and services provided under any other
Federal law or program;
(E) contract for goods or services; and
(F) support activities of partners and any other
activities that further the purposes of the Heritage
Area and are consistent with the approved management
plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(d) Management Plan.--
[[Page 123 STAT. 1271]]
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date on which funds are made available to develop the
management plan, the local coordinating entity shall submit to
the Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals,
strategies, and recommendations for telling the story of
the heritage of the region and encouraging long-term
resource protection, enhancement, interpretation,
funding, management, and development of the Heritage
Area;
(B) take into consideration existing State, county,
and local plans in the development and implementation of
the management plan;
(C) include a description of actions and commitments
that governments, private organizations, and citizens
plan to take to protect, enhance, and interpret the
cultural, historical, archaeological, natural, and
recreational resources of the Heritage Area;
(D) specify existing and potential sources of
funding or economic development strategies to protect,
enhance, interpret, fund, manage, and develop the
Heritage Area;
(E) include an inventory of the cultural,
historical, archaeological, natural, and recreational
resources of the Heritage Area relating to the stories
and themes of the region that should be protected,
enhanced, managed, or developed;
(F) recommend policies and strategies for resource
management including, the development of
intergovernmental and interagency agreements to protect
the natural, historic, cultural, educational, scenic,
and recreational resources of the Heritage Area;
(G) describe a program for implementation of the
management plan, including--
(i) performance goals;
(ii) plans for resource protection,
enhancement, and interpretation; and
(iii) specific commitments for implementation
that have been made by the local coordinating
entity or any government, organization, business,
or individual;
(H) include an analysis of, and recommendations for,
ways in which Federal, State, tribal, and local programs
may best be coordinated (including the role of the
National Park Service and other Federal agencies
associated with the Heritage Area) to further the
purposes of this section;
(I) include an interpretive plan for the Heritage
Area; and
(J) include a business plan that--
(i) describes the role, operation, financing,
and functions of the local coordinating entity and
of each of the major activities described in the
management plan; and
(ii) provides adequate assurances that the
local coordinating entity has the partnerships and
financial and other resources necessary to
implement the management plan for the Heritage
Area.
[[Page 123 STAT. 1272]]
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this subsection,
the local coordinating entity shall not qualify for additional
financial assistance under this section until the management
plan is submitted to, and approved by, the Secretary.
(4) Approval of management plan.--
(A) <<NOTE: Deadline.>> Review.--Not later than 180
days after the date on which the Secretary receives the
management plan, the Secretary shall approve or
disapprove the management plan.
(B) Consultation required.--The Secretary shall
consult with the Governor of the State and any tribal
government in which the Heritage Area is located before
approving the management plan.
(C) Criteria for approval.--In determining whether
to approve the management plan, the Secretary shall
consider whether--
(i) the local coordinating entity represents
the diverse interests of the Heritage Area,
including governments, natural and historic
resource protection organizations, educational
institutions, businesses, community residents, and
recreational organizations;
(ii) the local coordinating entity has
afforded adequate opportunity for public and
governmental involvement (including through
workshops and public meetings) in the preparation
of the management plan;
(iii) the resource protection and
interpretation strategies described in the
management plan, if implemented, would adequately
protect the cultural, historical, archaeological,
natural, and recreational resources of the
Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal or
tribal land under applicable laws or land use
plans;
(v) the Secretary has received adequate
assurances from the appropriate State, tribal, and
local officials whose support is needed to ensure
the effective implementation of the State, tribal,
and local aspects of the management plan; and
(vi) the local coordinating entity has
demonstrated the financial capability, in
partnership with others, to carry out the
management plan.
(D) Action following disapproval.--
(i) In general.--If the Secretary disapproves
the management plan, the Secretary--
(I) shall advise the local
coordinating entity in writing of the
reasons for the disapproval; and
(II) may make recommendations to the
local coordinating entity for revisions
to the management plan.
(ii) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(E) Amendments.--
(i) In general.--An amendment to the
management plan that substantially alters the
purposes of
[[Page 123 STAT. 1273]]
the Heritage Area shall be reviewed by the
Secretary and approved or disapproved in the same
manner as the original management plan.
(ii) Implementation.--The local coordinating
entity shall not use Federal funds authorized to
be appropriated by this section to implement an
amendment to the management plan until the
Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local
coordinating entity, the Secretary may provide technical
and financial assistance, on a reimbursable or
nonreimbursable basis (as determined by the Secretary),
to the local coordinating entity to develop and
implement the management plan.
(B) Cooperative agreements.--The Secretary may enter
into cooperative agreements with the local coordinating
entity and other public or private entities to provide
technical or financial assistance under subparagraph
(A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist
in--
(i) conserving the significant cultural,
historical, archaeological, natural, and
recreational resources of the Heritage Area; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with the
purposes of the Heritage Area.
(D) Prohibition of certain requirements.--The
Secretary may not, as a condition of the provision of
technical or financial assistance under this subsection,
require any recipient of the assistance to impose or
modify any land use restriction or zoning ordinance.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the
date on which authority for Federal funding terminates
for the Heritage Area under subsection (i), the
Secretary shall--
(i) conduct an evaluation of the
accomplishments of the Heritage Area; and
(ii) prepare a report with recommendations for
the future role of the National Park Service, if
any, with respect to the Heritage Area, in
accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under
subparagraph (A)(i) shall--
(i) assess the progress of the local
coordinating entity with respect to--
(I) accomplishing the purposes of
this section for the Heritage Area; and
(II) achieving the goals and
objectives of the approved management
plan for the Heritage Area;
(ii) analyze the Federal, State, local, and
private investments in the Heritage Area to
determine the leverage and impact of the
investments; and
(iii) review the management structure,
partnership relationships, and funding of the
Heritage Area for
[[Page 123 STAT. 1274]]
purposes of identifying the critical components
for sustainability of the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation
conducted under subparagraph (A)(i), the Secretary
shall prepare a report that includes
recommendations for the future role of the
National Park Service, if any, with respect to the
Heritage Area.
(ii) Required analysis.--If the report
prepared under this subparagraph recommends that
Federal funding for the Heritage Area be
reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding
for the Heritage Area may be reduced or
eliminated; and
(II) the appropriate time period
necessary to achieve the recommended
reduction or elimination.
(iii) Submission to congress.--On completion
of a report under this subparagraph, the Secretary
shall submit the report to--
(I) the Committee on Energy and
Natural Resources of the Senate; and
(II) the Committee on Natural
Resources of the House of
Representatives.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal
agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the
boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal
agency.
(g) Property Owners and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal,
State, or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State,
or local law with regard to public access or use of
private land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any Federal,
State, or local agency, or tribal government;
[[Page 123 STAT. 1275]]
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area;
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to any
person injured on the private property;
(8) restricts an Indian tribe from protecting cultural or
religious sites on tribal land; or
(9) diminishes the trust responsibilities of government-to-
government obligations of the United States of any federally
recognized Indian tribe.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost
of any activity under this section shall be not more
than 50 percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind
contributions of goods or services fairly valued.
(i) Termination of Financial Assistance.--The authority of the
Secretary to provide financial assistance under this section terminates
on the date that is 15 years after the date of enactment of this Act.
SEC. 8009. <<NOTE: 16 USC 461 note.>> MUSCLE SHOALS NATIONAL
HERITAGE AREA, ALABAMA.
(a) Purposes.--The purposes of this section are--
(1) to preserve, support, conserve, and interpret the legacy
of the region represented by the Heritage Area as described in
the feasibility study prepared by the National Park Service;
(2) to promote heritage, cultural, and recreational tourism,
and to develop educational and cultural programs for visitors
and the general public;
(3) to recognize and interpret important events and
geographic locations representing key developments in the growth
of the United States, including the Native American, Colonial
American, European American, and African American heritage;
(4) to recognize and interpret the manner by which the
distinctive geography of the region has shaped the development
of the settlement, defense, transportation, commerce, and
culture of the region;
(5) to provide a cooperative management framework to foster
a close working relationship with all levels of government, the
private sector, and the local communities in the region to
identify, preserve, interpret, and develop the historical,
cultural, scenic, and natural resources of the region for the
educational and inspirational benefit of current and future
generations; and
[[Page 123 STAT. 1276]]
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the Heritage Area.
(b) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Muscle Shoals National Heritage Area established by subsection
(c)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Muscle Shoals Regional Center,
the local coordinating entity for the Heritage Area designated
by subsection (c)(4).
(3) Management plan.--The term ``management plan'' means the
plan for the Heritage Area required under subsection (d)(1)(A).
(4) Map.--The term ``map'' means the map entitled ``Muscle
Shoals National Heritage Area'', numbered T08/80,000, and dated
October 2007.
(5) State.--The term ``State'' means the State of Alabama.
(c) Establishment.--
(1) In general.--There is established the Muscle Shoals
National Heritage Area in the State.
(2) Boundaries.--The Heritage Area shall be comprised of the
following areas, as depicted on the map:
(A) The Counties of Colbert, Franklin, Lauderdale,
Lawrence, Limestone, and Morgan, Alabama.
(B) The Wilson Dam.
(C) The Handy Home.
(D) The birthplace of Helen Keller.
(3) Availability map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and the local coordinating entity.
(4) <<NOTE: Designation.>> Local coordinating entity.--The
Muscle Shoals Regional Center shall be the local coordinating
entity for the Heritage Area.
(d) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further the
purposes of the Heritage Area, the local coordinating entity
shall--
(A) <<NOTE: Management plan.>> prepare, and submit
to the Secretary, in accordance with subsection (e), a
management plan for the Heritage Area;
(B) <<NOTE: Deadline. Reports.>> submit an annual
report to the Secretary for each fiscal year for which
the local coordinating entity receives Federal funds
under this section specifying--
(i) the accomplishments of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity;
(iii) the amounts and sources of matching
funds;
(iv) the amounts leveraged with Federal funds
and sources of the leveraged funds; and
(v) grants made to any other entities during
the fiscal year;
(C) <<NOTE: Records.>> make available for audit for
each fiscal year for which the local coordinating entity
receives Federal funds
[[Page 123 STAT. 1277]]
under this section, all information pertaining to the
expenditure of the funds and any matching funds;
(D) encourage, by appropriate means, economic
development that is consistent with the purposes of the
Heritage Area; and
(E) serve as a catalyst for the implementation of
projects and programs among diverse partners in the
Heritage Area.
(2) Authorities.--The local coordinating entity may, subject
to the prior approval of the Secretary, for the purposes of
preparing and implementing the management plan, use Federal
funds made available under this section to--
(A) make grants to the State, political subdivisions
of the State, nonprofit organizations, and other
persons;
(B) enter into cooperative agreements with, or
provide technical assistance to, the State, political
subdivisions of the State, nonprofit organizations,
Federal agencies, and other interested parties;
(C) hire and compensate staff, including individuals
with expertise in--
(i) natural, historical, cultural,
educational, scenic, and recreational resource
conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source,
including funds and services provided under any other
Federal law or program;
(E) contract for goods or services; and
(F) support activities of partners and any other
activities that further the purposes of the Heritage
Area and are consistent with the approved management
plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(e) Management Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 3 years
after the date on which funds are made available to develop the
management plan, the local coordinating entity shall submit to
the Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals,
strategies, and recommendations for telling the story of
the heritage of the area covered by the Heritage Area
and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(B) include a description of actions and commitments
that Federal, State, tribal, and local governments,
private organizations, and citizens plan to take to
protect, enhance, interpret, fund, manage, and develop
the natural, historic, cultural, educational, scenic,
and recreational resources of the Heritage Area;
(C) specify existing and potential sources of
funding or economic development strategies to protect,
enhance, interpret, fund, manage, and develop the
Heritage Area;
[[Page 123 STAT. 1278]]
(D) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational
resources of the Heritage Area relating to the stories
and themes of the Heritage Area that should be
protected, enhanced, interpreted, managed, funded, or
developed;
(E) recommend policies and strategies for resource
management, including the development of
intergovernmental and interagency agreements to protect,
enhance, interpret, fund, manage, and develop the
natural, historic, cultural, educational, scenic, and
recreational resources of the Heritage Area;
(F) describe a program for implementation of the
management plan, including--
(i) performance goals;
(ii) plans for resource protection,
enhancement, interpretation, funding, management,
and development; and
(iii) specific commitments for implementation
that have been made by the local coordinating
entity or any Federal, State, tribal, or local
government agency, organization, business, or
individual;
(G) include an analysis of, and recommendations for,
ways in which Federal, State, tribal, and local programs
may best be coordinated (including the role of the
National Park Service and other Federal agencies
associated with the Heritage Area) to further the
purposes of this section; and
(H) include a business plan that--
(i) describes the role, operation, financing,
and functions of the local coordinating entity and
of each of the major activities described in the
management plan; and
(ii) provides adequate assurances that the
local coordinating entity has the partnerships and
financial and other resources necessary to
implement the management plan for the Heritage
Area.
(3) <<NOTE: Deadline.>> Termination of funding.--If the
management plan is not submitted to the Secretary by the date
that is 3 years after the date on which funds are first made
available to develop the management plan, the local coordinating
entity shall not qualify for additional financial assistance
under this section until the management plan is submitted to,
and approved by, the Secretary.
(4) Approval of management plan.--
(A) <<NOTE: Deadline.>> Review.--Not later than 180
days after the date on which the Secretary receives the
management plan, the Secretary shall approve or
disapprove the management plan.
(B) Consultation required.--The Secretary shall
consult with the Governor of the State in which the
Heritage Area is located before approving the management
plan.
(C) Criteria for approval.--In determining whether
to approve the management plan, the Secretary shall
consider whether--
(i) the local coordinating entity represents
the diverse interests of the Heritage Area,
including Federal, State, tribal, and local
governments, natural and
[[Page 123 STAT. 1279]]
historic resource protection organizations,
educational institutions, businesses, community
residents, recreational organizations, and private
property owners;
(ii) the local coordinating entity--
(I) has afforded adequate
opportunity for public and Federal,
State, tribal, and local governmental
involvement (including through workshops
and public meetings) in the preparation
of the management plan; and
(II) provides for at least
semiannual public meetings to ensure
adequate implementation of the
management plan;
(iii) the resource protection, enhancement,
interpretation, funding, management, and
development strategies described in the management
plan, if implemented, would adequately protect,
enhance, interpret, fund, manage, and develop the
natural, historic, cultural, scenic, and
recreational resources of the Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal land
under applicable laws or land use plans;
(v) the Secretary has received adequate
assurances from the appropriate State, tribal, and
local officials whose support is needed to ensure
the effective implementation of the State, tribal,
and local aspects of the management plan;
(vi) the local coordinating entity has
demonstrated the financial capability, in
partnership with others, to carry out the
management plan; and
(vii) the management plan demonstrates
partnerships among the local coordinating entity,
Federal, State, tribal, and local governments,
regional planning organizations, nonprofit
organizations, and private sector parties for
implementation of the management plan.
(D) Disapproval.--
(i) In general.--If the Secretary disapproves
the management plan, the Secretary--
(I) shall advise the local
coordinating entity in writing of the
reasons for the disapproval; and
(II) may make recommendations to the
local coordinating entity for revisions
to the management plan.
(ii) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(E) Amendments.--
(i) <<NOTE: Review.>> In general.--An
amendment to the management plan that
substantially alters the purposes of the Heritage
Area shall be reviewed by the Secretary and
approved or disapproved in the same manner as the
original management plan.
(ii) Implementation.--The local coordinating
entity shall not use Federal funds authorized by
this
[[Page 123 STAT. 1280]]
section to implement an amendment to the
management plan until the Secretary approves the
amendment.
(F) Authorities.--The Secretary may--
(i) provide technical assistance under the
authority of this section for the development and
implementation of the management plan; and
(ii) enter into cooperative agreements with
interested parties to carry out this section.
(f) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local
coordinating entity, the Secretary may provide technical
and financial assistance, on a reimbursable or
nonreimbursable basis (as determined by the Secretary),
to the local coordinating entity to develop and
implement the management plan.
(B) Cooperative agreements.--The Secretary may enter
into cooperative agreements with the local coordinating
entity and other public or private entities to provide
technical or financial assistance under subparagraph
(A).
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the
date on which authority for Federal funding terminates
for the Heritage Area under subsection (j), the
Secretary shall--
(i) conduct an evaluation of the
accomplishments of the Heritage Area; and
(ii) prepare a report with recommendations for
the future role of the National Park Service, if
any, with respect to the Heritage Area, in
accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under
subparagraph (A)(i) shall--
(i) assess the progress of the local
coordinating entity with respect to--
(I) accomplishing the purposes of
this section for the Heritage Area; and
(II) achieving the goals and
objectives of the approved management
plan for the Heritage Area;
(ii) analyze the Federal, State, tribal,
local, and private investments in the Heritage
Area to determine the leverage and impact of the
investments; and
(iii) review the management structure,
partnership relationships, and funding of the
Heritage Area for purposes of identifying the
critical components for sustainability of the
Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation
conducted under subparagraph (A)(i), the Secretary
shall prepare a report that includes
recommendations for the future role of the
National Park Service, if any, with respect to the
Heritage Area.
(ii) Required analysis.--If the report
prepared under this subparagraph recommends that
Federal funding for the Heritage Area be
reauthorized, the report shall include an analysis
of--
[[Page 123 STAT. 1281]]
(I) ways in which Federal funding
for the Heritage Area may be reduced or
eliminated; and
(II) the appropriate time period
necessary to achieve the recommended
reduction or elimination.
(iii) Submission to congress.--On completion
of a report under this subparagraph, the Secretary
shall submit the report to--
(I) the Committee on Energy and
Natural Resources of the Senate; and
(II) the Committee on Natural
Resources of the House of
Representatives.
(g) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is
encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity to the maximum
extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal
agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the
boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal
agency.
(h) Property Owners and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal,
State, or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State,
or local law with regard to public access or use of
private land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any Federal,
State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to any
person injured on the private property.
(i) Authorization of Appropriations.--
[[Page 123 STAT. 1282]]
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Funds made available under paragraph (1)
shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost
of any activity under this section shall be not more
than 50 percent.
(B) Form.--The non-Federal contribution may be in
the form of in-kind contributions of goods or services
fairly valued.
(4) Use of federal funds from other sources.--Nothing in
this section precludes the local coordinating entity from using
Federal funds available under provisions of law other than this
section for the purposes for which those funds were authorized.
(j) Termination of Effectiveness.--The authority of the Secretary to
provide financial assistance under this section terminates on the date
that is 15 years after the date of enactment of this Act.
SEC. 8010. <<NOTE: 16 USC 461 note.>> KENAI MOUNTAINS-TURNAGAIN
ARM NATIONAL HERITAGE AREA, ALASKA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Kenai Mountains-Turnagain Arm National Heritage Area established
by subsection (b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Kenai Mountains-Turnagain Arm
Corridor Communities Association.
(3) Management plan.--The term ``management plan'' means the
plan prepared by the local coordinating entity for the Heritage
Area that specifies actions, policies, strategies, performance
goals, and recommendations to meet the goals of the Heritage
Area, in accordance with this section.
(4) Map.--The term ``map'' means the map entitled ``Proposed
Kenai Mountains-Turnagain Arm NHA'' and dated August 7, 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Designation of the Kenai Mountains-Turnagain Arm National
Heritage Area.--
(1) Establishment.--There is established the Kenai
Mountains-Turnagain Arm National Heritage Area.
(2) Boundaries.--The Heritage Area shall be comprised of the
land in the Kenai Mountains and upper Turnagain Arm region, as
generally depicted on the map.
(3) Availability of map.--The map shall be on file and
available for public inspection in--
(A) the appropriate offices of the Forest Service,
Chugach National Forest;
(B) the Alaska Regional Office of the National Park
Service; and
(C) the office of the Alaska State Historic
Preservation Officer.
(c) Management Plan.--
[[Page 123 STAT. 1283]]
(1) Local coordinating entity.--The local coordinating
entity, in partnership with other interested parties, shall
develop a management plan for the Heritage Area in accordance
with this section.
(2) Requirements.--The management plan for the Heritage Area
shall--
(A) describe comprehensive policies, goals,
strategies, and recommendations for use in--
(i) telling the story of the heritage of the
area covered by the Heritage Area; and
(ii) encouraging long-term resource
protection, enhancement, interpretation, funding,
management, and development of the Heritage Area;
(B) include a description of actions and commitments
that the Federal Government, State, tribal, and local
governments, private organizations, and citizens will
take to protect, enhance, interpret, fund, manage, and
develop the natural, historical, cultural, educational,
scenic, and recreational resources of the Heritage Area;
(C) specify existing and potential sources of
funding or economic development strategies to protect,
enhance, interpret, fund, manage, and develop the
Heritage Area;
(D) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational
resources of the Heritage Area relating to the national
importance and themes of the Heritage Area that should
be protected, enhanced, interpreted, managed, funded,
and developed;
(E) recommend policies and strategies for resource
management, including the development of
intergovernmental and interagency agreements to protect,
enhance, interpret, fund, manage, and develop the
natural, historical, cultural, educational, scenic, and
recreational resources of the Heritage Area;
(F) describe a program for implementation for the
management plan, including--
(i) performance goals;
(ii) plans for resource protection,
enhancement, interpretation, funding, management,
and development; and
(iii) specific commitments for implementation
that have been made by the local coordinating
entity or any Federal, State, tribal, or local
government agency, organization, business, or
individual;
(G) include an analysis of, and recommendations for,
means by which Federal, State, tribal, and local
programs may best be coordinated (including the role of
the National Park Service, the Forest Service, and other
Federal agencies associated with the Heritage Area) to
further the purposes of this section; and
(H) include a business plan that--
(i) describes the role, operation, financing,
and functions of the local coordinating entity and
each of the major activities contained in the
management plan; and
(ii) provides adequate assurances that the
local coordinating entity has the partnerships and
financial
[[Page 123 STAT. 1284]]
and other resources necessary to implement the
management plan for the Heritage Area.
(3) Deadline.--
(A) In general.--Not later than 3 years after the
date on which funds are first made available to develop
the management plan after the date of enactment of this
Act, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(B) Termination of funding.--If the management plan
is not submitted to the Secretary in accordance with
subparagraph (A), the local coordinating entity shall
not qualify for any additional financial assistance
under this section until such time as the management
plan is submitted to and approved by the Secretary.
(4) Approval of management plan.--
(A) <<NOTE: Deadline.>> Review.--Not later than 180
days after receiving the management plan under paragraph
(3), the Secretary shall review and approve or
disapprove the management plan for a Heritage Area on
the basis of the criteria established under subparagraph
(C).
(B) Consultation.--The Secretary shall consult with
the Governor of the State in which the Heritage Area is
located before approving a management plan for the
Heritage Area.
(C) Criteria for approval.--In determining whether
to approve a management plan for the Heritage Area, the
Secretary shall consider whether--
(i) the local coordinating entity represents
the diverse interests of the Heritage Area,
including the Federal Government, State, tribal,
and local governments, natural and historical
resource protection organizations, educational
institutions, businesses, recreational
organizations, community residents, and private
property owners;
(ii) the local coordinating entity--
(I) has afforded adequate
opportunity for public and Federal,
State, tribal, and local governmental
involvement (including through workshops
and hearings) in the preparation of the
management plan; and
(II) provides for at least
semiannual public meetings to ensure
adequate implementation of the
management plan;
(iii) the resource protection, enhancement,
interpretation, funding, management, and
development strategies described in the management
plan, if implemented, would adequately protect,
enhance, interpret, fund, manage, and develop the
natural, historical, cultural, educational,
scenic, and recreational resources of the Heritage
Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal land
under public land laws or land use plans;
(v) the local coordinating entity has
demonstrated the financial capability, in
partnership with other interested parties, to
carry out the plan;
[[Page 123 STAT. 1285]]
(vi) the Secretary has received adequate
assurances from the appropriate State, tribal, and
local officials whose support is needed to ensure
the effective implementation of the State, tribal,
and local elements of the management plan; and
(vii) the management plan demonstrates
partnerships among the local coordinating entity,
Federal Government, State, tribal, and local
governments, regional planning organizations,
nonprofit organizations, or private sector parties
for implementation of the management plan.
(D) Disapproval.--
(i) In general.--If the Secretary disapproves
the management plan, the Secretary--
(I) shall advise the local
coordinating entity in writing of the
reasons for the disapproval; and
(II) may make recommendations to the
local coordinating entity for revisions
to the management plan.
(ii) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(E) Amendments.--
(i) <<NOTE: Review.>> In general.--An
amendment to the management plan that
substantially alters the purposes of the Heritage
Area shall be reviewed by the Secretary and
approved or disapproved in the same manner as the
original management plan.
(ii) Implementation.--The local coordinating
entity shall not use Federal funds authorized by
this section to implement an amendment to the
management plan until the Secretary approves the
amendment.
(F) Authorities.--The Secretary may--
(i) provide technical assistance under the
authority of this section for the development and
implementation of the management plan; and
(ii) enter into cooperative agreements with
interested parties to carry out this section.
(d) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Heritage
Area under this section, the Secretary shall--
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report in accordance with paragraph
(3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the local coordinating
entity with respect to--
(i) accomplishing the purposes of the
authorizing legislation for the Heritage Area; and
(ii) achieving the goals and objectives of the
approved management plan for the Heritage Area;
[[Page 123 STAT. 1286]]
(B) analyze the Federal, State, tribal, local, and
private investments in the Heritage Area to determine
the impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(3) Report.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(e) Local Coordinating Entity.--
(1) Duties.--To further the purposes of the Heritage Area,
in addition to developing the management plan for the Heritage
Area under subsection (c), the local coordinating entity shall--
(A) serve to facilitate and expedite the
implementation of projects and programs among diverse
partners in the Heritage Area;
(B) <<NOTE: Deadline. Reports.>> submit an annual
report to the Secretary for each fiscal year for which
the local coordinating entity receives Federal funds
under this section, specifying--
(i) the specific performance goals and
accomplishments of the local coordinating entity;
(ii) the expenses and income of the local
coordinating entity;
(iii) the amounts and sources of matching
funds;
(iv) the amounts leveraged with Federal funds
and sources of the leveraging; and
(v) grants made to any other entities during
the fiscal year;
(C) <<NOTE: Records.>> make available for audit for
each fiscal year for which the local coordinating entity
receives Federal funds under this section, all
information pertaining to the expenditure of the funds
and any matching funds; and
(D) encourage economic viability and sustainability
that is consistent with the purposes of the Heritage
Area.
(2) Authorities.--For the purpose of preparing and
implementing the approved management plan for the Heritage Area
under subsection (c), the local coordinating entity may use
Federal funds made available under this section--
(A) to make grants to political jurisdictions,
nonprofit organizations, and other parties within the
Heritage Area;
(B) to enter into cooperative agreements with or
provide technical assistance to political jurisdictions,
nonprofit organizations, Federal agencies, and other
interested parties;
(C) to hire and compensate staff, including
individuals with expertise in--
(i) natural, historical, cultural,
educational, scenic, and recreational resource
conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) to obtain funds or services from any source,
including other Federal programs;
[[Page 123 STAT. 1287]]
(E) to enter into contracts for goods or services;
and
(F) to support activities of partners and any other
activities that further the purposes of the Heritage
Area and are consistent with the approved management
plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds authorized under
this section to acquire any interest in real property.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other provision of law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact on
a Heritage Area is encouraged to consult and coordinate the
activities with the Secretary and the local coordinating entity,
to the maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law (including a
regulation) authorizing a Federal agency to manage
Federal land under the jurisdiction of the Federal
agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the
boundaries of a Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal
agency.
(g) Private Property and Regulatory Protections.--Nothing in this
section--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority (such as the
authority to make safety improvements or increase the capacity
of existing roads or to construct new roads) of any Federal,
State, tribal, or local agency, or conveys any land use or other
regulatory authority to any local coordinating entity, including
development and management of energy or water or water-related
infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of any State to manage fish and
wildlife, including the regulation of fishing and hunting within
the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to any
person injured on the private property.
(h) Funding.--
(1) Authorization of appropriations.--Subject to paragraph
(2), there is authorized to be appropriated to carry out this
section $1,000,000 for each fiscal year, to remain available
until expended.
[[Page 123 STAT. 1288]]
(2) Limitation on total amounts appropriated.--Not more than
a total of $10,000,000 may be made available to carry out this
section.
(3) Cost-sharing.--
(A) In general.--The Federal share of the total cost
of any activity carried out under this section shall not
exceed 50 percent.
(B) Form of non-federal share.--The non-Federal
share of the cost of any activity carried out under this
section may be provided in the form of in-kind
contributions of goods or services fairly valued.
(i) Termination of Authority.--The authority of the Secretary to
provide financial assistance under this section terminates on the date
that is 15 years after the date of enactment of this Act.
Subtitle B--Studies
SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA.
(a) Definitions.--In this section:
(1) Corridor.--The term ``Corridor'' means the Chattahoochee
Trace National Heritage Corridor.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Study area.--The term ``study area'' means the study
area described in subsection (b)(2).
(b) Study.--
(1) In general.--The Secretary, in consultation with State
historic preservation officers, State historical societies,
State tourism offices, and other appropriate organizations or
agencies, shall conduct a study to assess the suitability and
feasibility of designating the study area as the Chattahoochee
Trace National Heritage Corridor.
(2) Study area.--The study area includes--
(A) the portion of the Apalachicola-Chattahoochee-
Flint River Basin and surrounding areas, as generally
depicted on the map entitled ``Chattahoochee Trace
National Heritage Corridor, Alabama/Georgia'', numbered
T05/80000, and dated July 2007; and
(B) any other areas in the State of Alabama or
Georgia that--
(i) have heritage aspects that are similar to
the areas depicted on the map described in
subparagraph (A); and
(ii) are adjacent to, or in the vicinity of,
those areas.
(3) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historic, and
cultural resources that--
(i) represent distinctive aspects of the
heritage of the United States;
(ii) are worthy of recognition, conservation,
interpretation, and continuing use; and
(iii) would be best managed--
[[Page 123 STAT. 1289]]
(I) through partnerships among
public and private entities; and
(II) by linking diverse and
sometimes noncontiguous resources and
active communities;
(B) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the story of the
United States;
(C) provides--
(i) outstanding opportunities to conserve
natural, historic, cultural, or scenic features;
and
(ii) outstanding recreational and educational
opportunities;
(D) contains resources that--
(i) are important to any identified themes of
the study area; and
(ii) retain a degree of integrity capable of
supporting interpretation;
(E) includes residents, business interests,
nonprofit organizations, and State and local governments
that--
(i) are involved in the planning of the
Corridor;
(ii) have developed a conceptual financial
plan that outlines the roles of all participants
in the Corridor, including the Federal Government;
and
(iii) have demonstrated support for the
designation of the Corridor;
(F) has a potential management entity to work in
partnership with the individuals and entities described
in subparagraph (E) to develop the Corridor while
encouraging State and local economic activity; and
(G) has a conceptual boundary map that is supported
by the public.
(c) Report.--Not later than the 3rd fiscal year after the date on
which funds are first made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) the findings of the study; and
(2) any conclusions and recommendations of the Secretary.
SEC. 8102. NORTHERN NECK, VIRGINIA.
(a) Definitions.--In this section:
(1) Proposed heritage area.--The term ``proposed Heritage
Area'' means the proposed Northern Neck National Heritage Area.
(2) State.--The term ``State'' means the State of Virginia.
(3) Study area.--The term ``study area'' means the area that
is comprised of--
(A) the area of land located between the Potomac and
Rappahannock rivers of the eastern coastal region of the
State;
(B) Westmoreland, Northumberland, Richmond, King
George, and Lancaster Counties of the State; and
(C) any other area that--
(i) has heritage aspects that are similar to
the heritage aspects of the areas described in
subparagraph (A) or (B); and
(ii) is located adjacent to, or in the
vicinity of, those areas.
[[Page 123 STAT. 1290]]
(b) Study.--
(1) In general.--In accordance with paragraphs (2) and (3),
the Secretary, in consultation with appropriate State historic
preservation officers, State historical societies, and other
appropriate organizations, shall conduct a study to determine
the suitability and feasibility of designating the study area as
the Northern Neck National Heritage Area.
(2) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historical,
cultural, educational, scenic, or recreational resources
that together are nationally important to the heritage
of the United States;
(B) represents distinctive aspects of the heritage
of the United States worthy of recognition,
conservation, interpretation, and continuing use;
(C) is best managed as such an assemblage through
partnerships among public and private entities at the
local or regional level;
(D) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the heritage of the
United States;
(E) provides outstanding opportunities to conserve
natural, historical, cultural, or scenic features;
(F) provides outstanding recreational or educational
opportunities;
(G) contains resources and has traditional uses that
have national importance;
(H) includes residents, business interests,
nonprofit organizations, and appropriate Federal
agencies and State and local governments that are
involved in the planning of, and have demonstrated
significant support for, the designation and management
of the proposed Heritage Area;
(I) has a proposed local coordinating entity that is
responsible for preparing and implementing the
management plan developed for the proposed Heritage
Area;
(J) with respect to the designation of the study
area, has the support of the proposed local coordinating
entity and appropriate Federal agencies and State and
local governments, each of which has documented the
commitment of the entity to work in partnership with
each other entity to protect, enhance, interpret, fund,
manage, and develop the resources located in the study
area;
(K) through the proposed local coordinating entity,
has developed a conceptual financial plan that outlines
the roles of all participants (including the Federal
Government) in the management of the proposed Heritage
Area;
(L) has a proposal that is consistent with continued
economic activity within the area; and
(M) has a conceptual boundary map that is supported
by the public and appropriate Federal agencies.
(3) Additional consultation requirement.--In conducting the
study under paragraph (1), the Secretary shall--
(A) consult with the managers of any Federal land
located within the study area; and
[[Page 123 STAT. 1291]]
(B) before making any determination with respect to
the designation of the study area, secure the
concurrence of each manager with respect to each finding
of the study.
(c) Determination.--
(1) In general.--The Secretary, in consultation with the
Governor of the State, shall review, comment on, and determine
if the study area meets each requirement described in subsection
(b)(2) for designation as a national heritage area.
(2) Report.--
(A) In general.--Not later than 3 fiscal years after
the date on which funds are first made available to
carry out the study, the Secretary shall submit a report
describing the findings, conclusions, and
recommendations of the study to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(B) Requirements.--
(i) In general.--The report shall contain--
(I) any comments that the Secretary
has received from the Governor of the
State relating to the designation of the
study area as a national heritage area;
and
(II) a finding as to whether the
study area meets each requirement
described in subsection (b)(2) for
designation as a national heritage area.
(ii) Disapproval.--If the Secretary determines
that the study area does not meet any requirement
described in subsection (b)(2) for designation as
a national heritage area, the Secretary shall
include in the report a description of each reason
for the determination.
Subtitle C--Amendments Relating to National Heritage Corridors
SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL HERITAGE
CORRIDOR.
(a) Termination of Authority.--Section 106(b) of the Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act of 1994 (16
U.S.C. 461 note; Public Law 103-449) is amended by striking ``September
30, 2009'' and inserting ``September 30, 2015''.
(b) Evaluation; Report.--Section 106 of the Quinebaug and Shetucket
Rivers Valley National Heritage Corridor Act of 1994 (16 U.S.C. 461
note; Public Law 103-449) is amended by adding at the end the following:
``(c) Evaluation; Report.--
``(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the Corridor,
the Secretary shall--
``(A) conduct an evaluation of the accomplishments
of the Corridor; and
``(B) prepare a report in accordance with paragraph
(3).
[[Page 123 STAT. 1292]]
``(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
``(A) assess the progress of the management entity
with respect to--
``(i) accomplishing the purposes of this title
for the Corridor; and
``(ii) achieving the goals and objectives of
the management plan for the Corridor;
``(B) analyze the Federal, State, local, and private
investments in the Corridor to determine the leverage
and impact of the investments; and
``(C) review the management structure, partnership
relationships, and funding of the Corridor for purposes
of identifying the critical components for
sustainability of the Corridor.
``(3) Report.--
``(A) In general.--Based on the evaluation conducted
under paragraph (1)(A), the Secretary shall prepare a
report that includes recommendations for the future role
of the National Park Service, if any, with respect to
the Corridor.
``(B) Required analysis.--If the report prepared
under subparagraph (A) recommends that Federal funding
for the Corridor be reauthorized, the report shall
include an analysis of--
``(i) ways in which Federal funding for the
Corridor may be reduced or eliminated; and
``(ii) the appropriate time period necessary
to achieve the recommended reduction or
elimination.
``(C) Submission to congress.--On completion of the
report, the Secretary shall submit the report to--
``(i) the Committee on Energy and Natural
Resources of the Senate; and
``(ii) the Committee on Natural Resources of
the House of Representatives.''.
(c) Authorization of Appropriations.--Section 109(a) of the
Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of
1994 (16 U.S.C. 461 note; Public Law 103-449) is amended by striking
``$10,000,000'' and inserting ``$15,000,000''.
SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR.
The Delaware and Lehigh National Heritage Corridor Act of 1988 (16
U.S.C. 461 note; Public Law 100-692) is amended--
(1) in section 9--
(A) by striking ``The Commission'' and inserting the
following:
``(a) In General.--The Commission''; and
(B) by adding at the end the following:
``(b) <<NOTE: Effective date.>> Corporation as Local Coordinating
Entity.--Beginning on the date of enactment of the Omnibus Public Land
Management Act of 2009, the Corporation shall be the local coordinating
entity for the Corridor.
``(c) Implementation of Management Plan.--The Corporation shall
assume the duties of the Commission for the implementation of the Plan.
``(d) Use of Funds.--The Corporation may use Federal funds made
available under this Act--
[[Page 123 STAT. 1293]]
``(1) to make grants to, and enter into cooperative
agreements with, the Federal Government, the Commonwealth,
political subdivisions of the Commonwealth, nonprofit
organizations, and individuals;
``(2) to hire, train, and compensate staff; and
``(3) to enter into contracts for goods and services.
``(e) Restriction on Use of Funds.--The Corporation may not use
Federal funds made available under this Act to acquire land or an
interest in land.'';
(2) in section 10--
(A) in the first sentence of subsection (c), by
striking ``shall assist the Commission'' and inserting
``shall, on the request of the Corporation, assist'';
(B) in subsection (d)--
(i) by striking ``Commission'' each place it
appears and inserting ``Corporation'';
(ii) by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(iii) by adding at the end the following:
``(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the Corporation and other public or
private entities for the purpose of providing technical
assistance and grants under paragraph (1).
``(3) Priority.--In providing assistance to the Corporation
under paragraph (1), the Secretary shall give priority to
activities that assist in--
``(A) conserving the significant natural, historic,
cultural, and scenic resources of the Corridor; and
``(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Corridor.''; and
(C) by adding at the end the following:
``(e) Transition Memorandum of Understanding.--The Secretary shall
enter into a memorandum of understanding with the Corporation to
ensure--
``(1) appropriate transition of management of the Corridor
from the Commission to the Corporation; and
``(2) coordination regarding the implementation of the
Plan.'';
(3) in section 11, in the matter preceding paragraph (1), by
striking ``directly affecting'';
(4) in section 12--
(A) in subsection (a), by striking ``Commission''
each place it appears and inserting ``Corporation'';
(B) in subsection (c)(1), by striking ``2007'' and
inserting ``2012''; and
(C) by adding at the end the following:
``(d) Termination of Assistance.--The authority of the Secretary to
provide financial assistance under this Act terminates on the date that
is 5 years after the date of enactment of this subsection.''; and
(5) in section 14--
(A) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
[[Page 123 STAT. 1294]]
``(4) <<NOTE: Definition.>> the term `Corporation' means
the Delaware & Lehigh National Heritage Corridor, Incorporated,
an organization described in section 501(c)(3), and exempt from
Federal tax under section 501(a), of the Internal Revenue Code
of 1986;''.
SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.
The Erie Canalway National Heritage Corridor Act (16 U.S.C. 461
note; Public Law 106-554) is amended--
(1) in section 804--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by
striking ``27'' and inserting ``at least 21
members, but not more than 27'';
(ii) in paragraph (2), by striking
``Environment'' and inserting ``Environmental'';
and
(iii) in paragraph (3)--
(I) in the matter preceding
subparagraph (A), by striking ``19'';
(II) by striking subparagraph (A);
(III) by redesignating subparagraphs
(B) and (C) as subparagraphs (A) and
(B), respectively;
(IV) in subparagraph (B) (as
redesignated by subclause (III)), by
striking the second sentence; and
(V) by inserting after subparagraph
(B) (as redesignated by subclause (III))
the following:
``(C) The remaining members shall be--
``(i) appointed by the Secretary, based on
recommendations from each member of the House of
Representatives, the district of which encompasses
the Corridor; and
``(ii) persons that are residents of, or
employed within, the applicable congressional
districts.'';
(B) in subsection (f), by striking ``Fourteen
members of the Commission'' and inserting ``A majority
of the serving Commissioners'';
(C) in subsection (g), by striking ``14 of its
members'' and inserting ``a majority of the serving
Commissioners'';
(D) in subsection (h), by striking paragraph (4) and
inserting the following:
``(4)(A) to appoint any staff that may be necessary to carry
out the duties of the Commission, subject to the provisions of
title 5, United States Code, relating to appointments in the
competitive service; and
``(B) to fix the compensation of the staff, in accordance
with the provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to the
classification of positions and General Schedule pay rates;'';
and
(E) in subsection (j), by striking ``10 years'' and
inserting ``15 years'';
(2) in section 807--
(A) in subsection (e), by striking ``with regard to
the preparation and approval of the Canalway Plan''; and
(B) by adding at the end the following:
``(f) Operational Assistance.--Subject to the availability of
appropriations, the Superintendent of Saratoga National Historical Park
may, on request, provide to public and private organizations
[[Page 123 STAT. 1295]]
in the Corridor (including the Commission) any operational assistance
that is appropriate to assist with the implementation of the Canalway
Plan.''; and
(3) in section 810(a)(1), in the first sentence, by striking
``any fiscal year'' and inserting ``any fiscal year, to remain
available until expended''.
SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL
HERITAGE CORRIDOR.
Section 3(b)(2) of Public Law 99-647 (16 U.S.C. 461 note; 100 Stat.
3626, 120 Stat. 1857) is amended--
(1) by striking ``shall be the the'' and inserting ``shall
be the''; and
(2) by striking ``Directors from Massachusetts and Rhode
Island;'' and inserting ``Directors from Massachusetts and Rhode
Island, ex officio, or their delegates;''.
Subtitle D--Effect of Title
SEC. 8301. EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES.
Nothing in this title shall be construed as affecting access for
recreational activities otherwise allowed by law or regulation,
including hunting, fishing, or trapping.
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A--Feasibility Studies
SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO.
(a) In General.--The Secretary of the Interior, acting through the
Bureau of Reclamation, may conduct feasibility studies on projects that
address water shortages within the Snake, Boise, and Payette River
systems in the State of Idaho, and are considered appropriate for
further study by the Bureau of Reclamation Boise Payette water storage
assessment report issued during 2006.
(b) Bureau of Reclamation.--A study conducted under this section
shall comply with Bureau of Reclamation policy standards and guidelines
for studies.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior to carry out this section
$3,000,000.
(d) Termination of Effectiveness.--The authority provided by this
section terminates on the date that is 10 years after the date of
enactment of this Act.
SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA.
(a) Definitions.--In this section:
(1) Appraisal report.--The term ``appraisal report'' means
the appraisal report concerning the augmentation alternatives
for the Sierra Vista Subwatershed in the State of Arizona, dated
June 2007 and prepared by the Bureau of Reclamation.
(2) Principles and guidelines.--The term ``principles and
guidelines'' means the report entitled ``Economic and
Environmental Principles and Guidelines for Water and Related
Land
[[Page 123 STAT. 1296]]
Resources Implementation Studies'' issued on March 10, 1983, by
the Water Resources Council established under title I of the
Water Resources Planning Act (42 U.S.C. 1962a et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Sierra Vista Subwatershed Feasibility Study.--
(1) Study.--
(A) In general.--In accordance with the reclamation
laws and the principles and guidelines, the Secretary,
acting through the Commissioner of Reclamation, may
complete a feasibility study of alternatives to augment
the water supplies within the Sierra Vista Subwatershed
in the State of Arizona that are identified as
appropriate for further study in the appraisal report.
(B) Inclusions.--In evaluating the feasibility of
alternatives under subparagraph (A), the Secretary
shall--
(i) include--
(I) any required environmental
reviews;
(II) the construction costs and
projected operations, maintenance, and
replacement costs for each alternative;
and
(III) the economic feasibility of
each alternative;
(ii) take into consideration the ability of
Federal, tribal, State, and local government
sources and private sources to fund capital
construction costs and annual operation,
maintenance, energy, and replacement costs;
(iii) establish the basis for--
(I) any cost-sharing allocations;
and
(II) anticipated repayment, if any,
of Federal contributions; and
(iv) perform a cost-benefit analysis.
(2) Cost sharing requirement.--
(A) In general.--The Federal share of the total
costs of the study under paragraph (1) shall not exceed
45 percent.
(B) Form of non-federal share.--The non-Federal
share required under subparagraph (A) may be in the form
of any in-kind service that the Secretary determines
would contribute substantially toward the conduct and
completion of the study under paragraph (1).
(3) Statement of congressional intent relating to completion
of study.--It is <<NOTE: Deadline.>> the intent of Congress
that the Secretary complete the study under paragraph (1) by a
date that is not later than 30 months after the date of
enactment of this Act.
(4) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out this subsection
$1,260,000.
(c) Water Rights.--Nothing in this section affects--
(1) any valid or vested water right in existence on the date
of enactment of this Act; or
(2) any application for water rights pending before the date
of enactment of this Act.
SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA.
(a) Feasibility Study, Project Development, Cost Share.--
[[Page 123 STAT. 1297]]
(1) In general.--The Secretary of the Interior (hereinafter
referred to as ``Secretary''), in consultation and cooperation
with the City of San Diego and the Sweetwater Authority, is
authorized to undertake a study to determine the feasibility of
constructing a four reservoir intertie system to improve water
storage opportunities, water supply reliability, and water yield
of the existing non-Federal water storage system. The
feasibility study shall document the Secretary's engineering,
environmental, and economic investigation of the proposed
reservoir and intertie project taking into consideration the
range of potential solutions and the circumstances and needs of
the area to be served by the proposed reservoir and intertie
project, the potential benefits to the people of that service
area, and improved operations of the proposed reservoir and
intertie system. The Secretary shall indicate in the feasibility
report required under paragraph (4) whether the proposed
reservoir and intertie project is recommended for construction.
(2) Federal cost share.--The Federal share of the costs of
the feasibility study shall not exceed 50 percent of the total
study costs. The Secretary may accept as part of the non-Federal
cost share, any contribution of such in-kind services by the
City of San Diego and the Sweetwater Authority that the
Secretary determines will contribute toward the conduct and
completion of the study.
(3) Cooperation.--The Secretary shall consult and cooperate
with appropriate State, regional, and local authorities in
implementing this subsection.
(4) Feasibility report.--The Secretary shall submit to
Congress a feasibility report for the project the Secretary
recommends, and to seek, as the Secretary deems appropriate,
specific authority to develop and construct any recommended
project. This report shall include--
(A) good faith letters of intent by the City of San
Diego and the Sweetwater Authority and its non-Federal
partners to indicate that they have committed to share
the allocated costs as determined by the Secretary; and
(B) a schedule identifying the annual operation,
maintenance, and replacement costs that should be
allocated to the City of San Diego and the Sweetwater
Authority, as well as the current and expected financial
capability to pay operation, maintenance, and
replacement costs.
(b) Federal Reclamation Projects.--Nothing in this section shall
supersede or amend the provisions of Federal Reclamation laws or laws
associated with any project or any portion of any project constructed
under any authority of Federal Reclamation laws.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $3,000,000 for the Federal cost share of
the study authorized in subsection (a).
(d) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this Act.
[[Page 123 STAT. 1298]]
Subtitle B--Project Authorizations
SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CONSERVATION PROJECT,
OREGON.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Tumalo
Irrigation District, Oregon.
(2) Project.--The term ``Project'' means the Tumalo
Irrigation District Water Conservation Project authorized under
subsection (b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Authorization To Plan, Design and Construct the Tumalo Water
Conservation Project.--
(1) Authorization.--The Secretary, in cooperation with the
District--
(A) may participate in the planning, design, and
construction of the Tumalo Irrigation District Water
Conservation Project in Deschutes County, Oregon; and
(B) for purposes of planning and designing the
Project, shall take into account any appropriate studies
and reports prepared by the District.
(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total
cost of the Project shall be 25 percent, which shall be
nonreimbursable to the United States.
(B) Credit toward non-federal share.--The Secretary
shall credit toward the non-Federal share of the Project
any amounts that the District provides toward the
design, planning, and construction before the date of
enactment of this Act.
(3) Title.--The District shall hold title to any facilities
constructed under this section.
(4) Operation and maintenance costs.--The District shall pay
the operation and maintenance costs of the Project.
(5) Effect.--Any assistance provided under this section
shall not be considered to be a supplemental or additional
benefit under Federal reclamation law (the Act of June 17, 1902
(32 Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for the Federal share of the cost of the
Project $4,000,000.
(d) Termination of Authority.--The authority of the Secretary to
carry out this section shall expire on the date that is 10 years after
the date of enactment of this Act.
SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT PROJECT, CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Madera
Irrigation District, Madera, California.
(2) Project.--The term ``Project'' means the Madera Water
Supply Enhancement Project, a groundwater bank on the 13,646-
acre Madera Ranch in Madera, California, owned, operated,
maintained, and managed by the District that will plan,
[[Page 123 STAT. 1299]]
design, and construct recharge, recovery, and delivery systems
able to store up to 250,000 acre-feet of water and recover up to
55,000 acre-feet of water per year, as substantially described
in the California Environmental Quality Act, Final Environmental
Impact Report for the Madera Irrigation District Water Supply
Enhancement Project, September 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Total cost.--The term ``total cost'' means all
reasonable costs, such as the planning, design, permitting, and
construction of the Project and the acquisition costs of lands
used or acquired by the District for the Project.
(b) Project Feasibility.--
(1) Project feasible.--Pursuant to the Reclamation Act of
1902 (32 Stat. 388) and Acts amendatory thereof and supplemental
thereto, the Project is feasible and no further studies or
actions regarding feasibility are necessary.
(2) Applicability of other laws.--The Secretary shall
implement the authority provided in this section in accordance
with all applicable Federal laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the Endangered Species Act of 1973 (7 U.S.C. 136; 16 U.S.C. 460
et seq.).
(c) Cooperative Agreement.--All final planning and design and the
construction of the Project authorized by this section shall be
undertaken in accordance with a cooperative agreement between the
Secretary and the District for the Project. Such cooperative agreement
shall set forth in a manner acceptable to the Secretary and the District
the responsibilities of the District for participating, which shall
include--
(1) engineering and design;
(2) construction; and
(3) the administration of contracts pertaining to any of the
foregoing.
(d) Authorization for the Madera Water Supply and Enhancement
Project.--
(1) <<NOTE: Contracts.>> Authorization of construction.--
The Secretary, acting pursuant to the Federal reclamation laws
(Act of June 17, 1902; 32 Stat. 388), and Acts amendatory
thereof or supplementary thereto, is authorized to enter into a
cooperative agreement through the Bureau of Reclamation with the
District for the support of the final design and construction of
the Project.
(2) Total cost.--The total cost of the Project for the
purposes of determining the Federal cost share shall not exceed
$90,000,000.
(3) Cost share.--The Federal share of the capital costs of
the Project shall be provided on a nonreimbursable basis and
shall not exceed 25 percent of the total cost. Capital,
planning, design, permitting, construction, and land acquisition
costs incurred by the District prior to the date of the
enactment of this Act shall be considered a portion of the non-
Federal cost share.
(4) Credit for non-federal work.--The District shall receive
credit toward the non-Federal share of the cost of the Project
for--
[[Page 123 STAT. 1300]]
(A) in-kind services that the Secretary determines
would contribute substantially toward the completion of
the project;
(B) reasonable costs incurred by the District as a
result of participation in the planning, design,
permitting, and construction of the Project; and
(C) the acquisition costs of lands used or acquired
by the District for the Project.
(5) Limitation.--The Secretary shall not provide funds for
the operation or maintenance of the Project authorized by this
subsection. The operation, ownership, and maintenance of the
Project shall be the sole responsibility of the District.
(6) Plans and analyses consistent with federal law.--Before
obligating funds for design or construction under this
subsection, the Secretary shall work cooperatively with the
District to use, to the extent possible, plans, designs, and
engineering and environmental analyses that have already been
prepared by the District for the Project. The Secretary shall
ensure that such information as is used is consistent with
applicable Federal laws and regulations.
(7) Title; responsibility; liability.--Nothing in this
subsection or the assistance provided under this subsection
shall be construed to transfer title, responsibility, or
liability related to the Project to the United States.
(8) Authorization of appropriation.--There is authorized to
be appropriated to the Secretary to carry out this subsection
$22,500,000 or 25 percent of the total cost of the Project,
whichever is less.
(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this Act.
SEC. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM PROJECT, NEW
MEXICO.
(a) Definitions.--In this section:
(1) Authority.--The term ``Authority'' means the Eastern New
Mexico Rural Water Authority, an entity formed under State law
for the purposes of planning, financing, developing, and
operating the System.
(2) Engineering report.--The term ``engineering report''
means the report entitled ``Eastern New Mexico Rural Water
System Preliminary Engineering Report'' and dated October 2006.
(3) Plan.--The term ``plan'' means the operation,
maintenance, and replacement plan required by subsection (c)(2).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New
Mexico.
(6) System.--
(A) In general.--The term ``System'' means the
Eastern New Mexico Rural Water System, a water delivery
project designed to deliver approximately 16,500 acre-
feet of water per year from the Ute Reservoir to the
cities of Clovis, Elida, Grady, Melrose, Portales, and
Texico and other locations in Curry, Roosevelt, and Quay
Counties in the State.
[[Page 123 STAT. 1301]]
(B) Inclusions.--The term ``System'' includes the
major components and associated infrastructure
identified as the ``Best Technical Alternative'' in the
engineering report.
(7) Ute reservoir.--The term ``Ute Reservoir'' means the
impoundment of water created in 1962 by the construction of the
Ute Dam on the Canadian River, located approximately 32 miles
upstream of the border between New Mexico and Texas.
(b) Eastern New Mexico Rural Water System.--
(1) Financial assistance.--
(A) In general.--The Secretary may provide financial
and technical assistance to the Authority to assist in
planning, designing, conducting related preconstruction
activities for, and constructing the System.
(B) Use.--
(i) In general.--Any financial assistance
provided under subparagraph (A) shall be obligated
and expended only in accordance with a cooperative
agreement entered into under subsection (d)(1)(B).
(ii) Limitations.--Financial assistance
provided under clause (i) shall not be used--
(I) for any activity that is
inconsistent with constructing the
System; or
(II) to plan or construct facilities
used to supply irrigation water for
irrigated agricultural purposes.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost
of any activity or construction carried out using
amounts made available under this section shall be not
more than 75 percent of the total cost of the System.
(B) System development costs.--For purposes of
subparagraph (A), the total cost of the System shall
include any costs incurred by the Authority or the State
on or after October 1, 2003, for the development of the
System.
(3) Limitation.--No amounts made available under this
section may be used for the construction of the System until--
(A) a plan is developed under subsection (c)(2); and
(B) the Secretary and the Authority have complied
with any requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable
to the System.
(4) Title to project works.--Title to the infrastructure of
the System shall be held by the Authority or as may otherwise be
specified under State law.
(c) Operation, Maintenance, and Replacement Costs.--
(1) In general.--The Authority shall be responsible for the
annual operation, maintenance, and replacement costs associated
with the System.
(2) Operation, maintenance, and replacement plan.--The
Authority, in consultation with the Secretary, shall develop an
operation, maintenance, and replacement plan that establishes
the rates and fees for beneficiaries of the System in the amount
necessary to ensure that the System is properly maintained and
capable of delivering approximately 16,500 acre-feet of water
per year.
[[Page 123 STAT. 1302]]
(d) Administrative Provisions.--
(1) Cooperative agreements.--
(A) In general.--The Secretary may enter into any
contract, grant, cooperative agreement, or other
agreement that is necessary to carry out this section.
(B) Cooperative agreement for provision of financial
assistance.--
(i) In general.--The Secretary shall enter
into a cooperative agreement with the Authority to
provide financial assistance and any other
assistance requested by the Authority for
planning, design, related preconstruction
activities, and construction of the System.
(ii) Requirements.--The cooperative agreement
entered into under clause (i) shall, at a minimum,
specify the responsibilities of the Secretary and
the Authority with respect to--
(I) ensuring that the cost-share
requirements established by subsection
(b)(2) are met;
(II) completing the planning and
final design of the System;
(III) any environmental and cultural
resource compliance activities required
for the System; and
(IV) the construction of the System.
(2) Technical assistance.--At the request of the Authority,
the Secretary may provide to the Authority any technical
assistance that is necessary to assist the Authority in
planning, designing, constructing, and operating the System.
(3) <<NOTE: Consultation.>> Biological assessment.--The
Secretary shall consult with the New Mexico Interstate Stream
Commission and the Authority in preparing any biological
assessment under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) that may be required for planning and constructing
the System.
(4) Effect.--Nothing in this section--
(A) affects or preempts--
(i) State water law; or
(ii) an interstate compact relating to the
allocation of water; or
(B) confers on any non-Federal entity the ability to
exercise any Federal rights to--
(i) the water of a stream; or
(ii) any groundwater resource.
(e) Authorization of Appropriations.--
(1) In general.--In accordance with the adjustment carried
out under paragraph (2), there is authorized to be appropriated
to the Secretary to carry out this section an amount not greater
than $327,000,000.
(2) Adjustment.--The amount made available under paragraph
(1) shall be adjusted to reflect changes in construction costs
occurring after January 1, 2007, as indicated by engineering
cost indices applicable to the types of construction necessary
to carry out this section.
(3) Nonreimbursable amounts.--Amounts made available to the
Authority in accordance with the cost-sharing requirement under
subsection (b)(2) shall be nonreimbursable and nonreturnable to
the United States.
[[Page 123 STAT. 1303]]
(4) Availability of funds.--At the end of each fiscal year,
any unexpended funds appropriated pursuant to this section shall
be retained for use in future fiscal years consistent with this
section.
SEC. 9104. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:
``SEC. 1649. <<NOTE: 43 USC 390h-32.>> RANCHO CALIFORNIA WATER
DISTRICT PROJECT, CALIFORNIA.
``(a) Authorization.--The Secretary, in cooperation with the Rancho
California Water District, California, may participate in the design,
planning, and construction of permanent facilities for water recycling,
demineralization, and desalination, and distribution of non-potable
water supplies in Southern Riverside County, California.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project or $20,000,000, whichever is less.
``(c) Limitation.--Funds provided by the Secretary under this
section shall not be used for operation or maintenance of the project
described in subsection (a).''.
(b) Clerical Amendment.--The table of items in section 2 of Public
Law 102-575 is amended by inserting after the last item the following:
``Sec. 1649. Rancho California Water District Project, California.''.
SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, COLORADO.
(a) Definitions.--In this section:
(1) Assessment.--The term ``assessment'' means the
engineering document that is--
(A) entitled ``Jackson Gulch Inlet Canal Project,
Jackson Gulch Outlet Canal Project, Jackson Gulch
Operations Facilities Project: Condition Assessment and
Recommendations for Rehabilitation'';
(B) dated February 2004; and
(C) on file with the Bureau of Reclamation.
(2) District.--The term ``District'' means the Mancos Water
Conservancy District established under the Water Conservancy Act
(Colo. Rev. Stat. 37-45-101 et seq.).
(3) Project.--The term ``Project'' means the Jackson Gulch
rehabilitation project, a program for the rehabilitation of the
Jackson Gulch Canal system and other infrastructure in the
State, as described in the assessment.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of Reclamation.
(5) State.--The term ``State'' means the State of Colorado.
(b) Authorization of Jackson Gulch Rehabilitation Project.--
(1) <<NOTE: Payments.>> In general.--Subject to the
reimbursement requirement described in paragraph (3), the
Secretary shall pay the Federal share of the total cost of
carrying out the Project.
[[Page 123 STAT. 1304]]
(2) Use of existing information.--In preparing any studies
relating to the Project, the Secretary shall, to the maximum
extent practicable, use existing studies, including engineering
and resource information provided by, or at the direction of--
(A) Federal, State, or local agencies; and
(B) the District.
(3) Reimbursement requirement.--
(A) Amount.--The Secretary shall recover from the
District as reimbursable expenses the lesser of--
(i) the amount equal to 35 percent of the cost
of the Project; or
(ii) $2,900,000.
(B) Manner.--The Secretary shall recover
reimbursable expenses under subparagraph (A)--
(i) in a manner agreed to by the Secretary and
the District;
(ii) over a period of 15 years; and
(iii) with no interest.
(C) Credit.--In determining the exact amount of
reimbursable expenses to be recovered from the District,
the Secretary shall credit the District for any amounts
it paid before the date of enactment of this Act for
engineering work and improvements directly associated
with the Project.
(4) Prohibition on operation and maintenance costs.--The
District shall be responsible for the operation and maintenance
of any facility constructed or rehabilitated under this section.
(5) Liability.--The United States shall not be liable for
damages of any kind arising out of any act, omission, or
occurrence relating to a facility rehabilitated or constructed
under this section.
(6) Effect.--An activity provided Federal funding under this
section shall not be considered a supplemental or additional
benefit under--
(A) the reclamation laws; or
(B) the Act of August 11, 1939 (16 U.S.C. 590y et
seq.).
(7) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to pay the Federal share of the
total cost of carrying out the Project $8,250,000.
SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) drought, population increases, and environmental
needs are exacerbating water supply issues across the
western United States, including the Rio Grande Basin in
New Mexico;
(B) a report developed by the Bureau of Reclamation
and the Bureau of Indian Affairs in 2000 identified a
serious need for the rehabilitation and repair of
irrigation infrastructure of the Rio Grande Pueblos;
(C) inspection of existing irrigation infrastructure
of the Rio Grande Pueblos shows that many key
facilities,
[[Page 123 STAT. 1305]]
such as diversion structures and main conveyance
ditches, are unsafe and barely, if at all, operable;
(D) the benefits of rehabilitating and repairing
irrigation infrastructure of the Rio Grande Pueblos
include--
(i) water conservation;
(ii) extending available water supplies;
(iii) increased agricultural productivity;
(iv) economic benefits;
(v) safer facilities; and
(vi) the preservation of the culture of Indian
Pueblos in the State;
(E) certain Indian Pueblos in the Rio Grande Basin
receive water from facilities operated or owned by the
Bureau of Reclamation; and
(F) rehabilitation and repair of irrigation
infrastructure of the Rio Grande Pueblos would improve--
(i) overall water management by the Bureau of
Reclamation; and
(ii) the ability of the Bureau of Reclamation
to help address potential water supply conflicts
in the Rio Grande Basin.
(2) Purpose.--The purpose of this section is to direct the
Secretary--
(A) to assess the condition of the irrigation
infrastructure of the Rio Grande Pueblos;
(B) to establish priorities for the rehabilitation
of irrigation infrastructure of the Rio Grande Pueblos
in accordance with specified criteria; and
(C) to implement projects to rehabilitate and
improve the irrigation infrastructure of the Rio Grande
Pueblos.
(b) Definitions.--In this section:
(1) 2004 agreement.--The term ``2004 Agreement'' means the
agreement entitled ``Agreement By and Between the United States
of America and the Middle Rio Grande Conservancy District,
Providing for the Payment of Operation and Maintenance Charges
on Newly Reclaimed Pueblo Indian Lands in the Middle Rio Grande
Valley, New Mexico'' and executed in September 2004 (including
any successor agreements and amendments to the agreement).
(2) Designated engineer.--The term ``designated engineer''
means a Federal employee designated under the Act of February
14, 1927 (69 Stat. 1098, chapter 138) to represent the United
States in any action involving the maintenance, rehabilitation,
or preservation of the condition of any irrigation structure or
facility on land located in the Six Middle Rio Grande Pueblos.
(3) District.--The term ``District'' means the Middle Rio
Grande Conservancy District, a political subdivision of the
State established in 1925.
(4) Pueblo irrigation infrastructure.--The term ``Pueblo
irrigation infrastructure'' means any diversion structure,
conveyance facility, or drainage facility that is--
(A) in existence as of the date of enactment of this
Act; and
(B) located on land of a Rio Grande Pueblo that is
associated with--
[[Page 123 STAT. 1306]]
(i) the delivery of water for the irrigation
of agricultural land; or
(ii) the carriage of irrigation return flows
and excess water from the land that is served.
(5) Rio grande basin.--The term ``Rio Grande Basin'' means
the headwaters of the Rio Chama and the Rio Grande Rivers
(including any tributaries) from the State line between Colorado
and New Mexico downstream to the elevation corresponding with
the spillway crest of Elephant Butte Dam at 4,457.3 feet mean
sea level.
(6) Rio grande pueblo.--The term ``Rio Grande Pueblo'' means
any of the 18 Pueblos that--
(A) occupy land in the Rio Grande Basin; and
(B) are included on the list of federally recognized
Indian tribes published by the Secretary in accordance
with section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a-1).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of Reclamation.
(8) Six middle rio grande pueblos.--The term ``Six Middle
Rio Grande Pueblos'' means each of the Pueblos of Cochiti, Santo
Domingo, San Felipe, Santa Ana, Sandia, and Isleta.
(9) Special project.--The term ``special project'' has the
meaning given the term in the 2004 Agreement.
(10) State.--The term ``State'' means the State of New
Mexico.
(c) Irrigation Infrastructure Study.--
(1) Study.--
(A) <<NOTE: Effective date.>> In general.--On the
date of enactment of this Act, the Secretary, in
accordance with subparagraph (B), and in consultation
with the Rio Grande Pueblos, shall--
(i) conduct a study of Pueblo irrigation
infrastructure; and
(ii) based on the results of the study,
develop a list of projects (including a cost
estimate for each project), that are recommended
to be implemented over a 10-year period to repair,
rehabilitate, or reconstruct Pueblo irrigation
infrastructure.
(B) <<NOTE: Notification.>> Required consent.--In
carrying out subparagraph (A), the Secretary shall only
include each individual Rio Grande Pueblo that notifies
the Secretary that the Pueblo consents to participate
in--
(i) the conduct of the study under
subparagraph (A)(i); and
(ii) the development of the list of projects
under subparagraph (A)(ii) with respect to the
Pueblo.
(2) Priority.--
(A) Consideration of factors.--
(i) In general.--In developing the list of
projects under paragraph (1)(A)(ii), the Secretary
shall--
(I) consider each of the factors
described in subparagraph (B); and
(II) prioritize the projects
recommended for implementation based
on--
(aa) a review of each of the
factors; and
[[Page 123 STAT. 1307]]
(bb) a consideration of the
projected benefits of the
project on completion of the
project.
(ii) Eligibility of projects.--A project is
eligible to be considered and prioritized by the
Secretary if the project addresses at least 1
factor described in subparagraph (B).
(B) Factors.--The factors referred to in
subparagraph (A) are--
(i)(I) the extent of disrepair of the Pueblo
irrigation infrastructure; and
(II) the effect of the disrepair on the
ability of the applicable Rio Grande Pueblo to
irrigate agricultural land using Pueblo irrigation
infrastructure;
(ii) whether, and the extent that, the repair,
rehabilitation, or reconstruction of the Pueblo
irrigation infrastructure would provide an
opportunity to conserve water;
(iii)(I) the economic and cultural impacts
that the Pueblo irrigation infrastructure that is
in disrepair has on the applicable Rio Grande
Pueblo; and
(II) the economic and cultural benefits that
the repair, rehabilitation, or reconstruction of
the Pueblo irrigation infrastructure would have on
the applicable Rio Grande Pueblo;
(iv) the opportunity to address water supply
or environmental conflicts in the applicable river
basin if the Pueblo irrigation infrastructure is
repaired, rehabilitated, or reconstructed; and
(v) the overall benefits of the project to
efficient water operations on the land of the
applicable Rio Grande Pueblo.
(3) Consultation.--In developing the list of projects under
paragraph (1)(A)(ii), the Secretary shall consult with the
Director of the Bureau of Indian Affairs (including the
designated engineer with respect to each proposed project that
affects the Six Middle Rio Grande Pueblos), the Chief of the
Natural Resources Conservation Service, and the Chief of
Engineers to evaluate the extent to which programs under the
jurisdiction of the respective agencies may be used--
(A) to assist in evaluating projects to repair,
rehabilitate, or reconstruct Pueblo irrigation
infrastructure; and
(B) to implement--
(i) a project recommended for implementation
under paragraph (1)(A)(ii); or
(ii) any other related project (including on-
farm improvements) that may be appropriately
coordinated with the repair, rehabilitation, or
reconstruction of Pueblo irrigation infrastructure
to improve the efficient use of water in the Rio
Grande Basin.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives a report
that includes--
(A) the list of projects recommended for
implementation under paragraph (1)(A)(ii); and
(B) any findings of the Secretary with respect to--
[[Page 123 STAT. 1308]]
(i) the study conducted under paragraph
(1)(A)(i);
(ii) the consideration of the factors under
paragraph (2)(B); and
(iii) the consultations under paragraph (3).
(5) <<NOTE: Deadline.>> Periodic review.--Not later than 4
years after the date on which the Secretary submits the report
under paragraph (4) and every 4 years thereafter, the Secretary,
in consultation with each Rio Grande Pueblo, shall--
(A) review the report submitted under paragraph (4);
and
(B) update the list of projects described in
paragraph (4)(A) in accordance with each factor
described in paragraph (2)(B), as the Secretary
determines to be appropriate.
(d) Irrigation Infrastructure Grants.--
(1) In general.--The Secretary may provide grants to, and
enter into contracts or other agreements with, the Rio Grande
Pueblos to plan, design, construct, or otherwise implement
projects to repair, rehabilitate, reconstruct, or replace Pueblo
irrigation infrastructure that are recommended for
implementation under subsection (c)(1)(A)(ii)--
(A) to increase water use efficiency and
agricultural productivity for the benefit of a Rio
Grande Pueblo;
(B) to conserve water; or
(C) to otherwise enhance water management or help
avert water supply conflicts in the Rio Grande Basin.
(2) Limitation.--Assistance provided under paragraph (1)
shall not be used for--
(A) the repair, rehabilitation, or reconstruction of
any major impoundment structure; or
(B) any on-farm improvements.
(3) Consultation.--In carrying out a project under paragraph
(1), the Secretary shall--
(A) consult with, and obtain the approval of, the
applicable Rio Grande Pueblo;
(B) consult with the Director of the Bureau of
Indian Affairs; and
(C) as appropriate, coordinate the project with any
work being conducted under the irrigation operations and
maintenance program of the Bureau of Indian Affairs.
(4) Cost-sharing requirement.--
(A) Federal share.--
(i) In general.--Except as provided in clause
(ii), the Federal share of the total cost of
carrying out a project under paragraph (1) shall
be not more than 75 percent.
(ii) <<NOTE: Waiver authority.>> Exception.--
The Secretary may waive or limit the non-Federal
share required under clause (i) if the Secretary
determines, based on a demonstration of financial
hardship by the Rio Grande Pueblo, that the Rio
Grande Pueblo is unable to contribute the required
non-Federal share.
(B) District contributions.--
(i) In general.--The Secretary may accept from
the District a partial or total contribution
toward the non-Federal share required for a
project carried out under paragraph (1) on land
located in any of the
[[Page 123 STAT. 1309]]
Six Middle Rio Grande Pueblos if the Secretary
determines that the project is a special project.
(ii) Limitation.--Nothing in clause (i)
requires the District to contribute to the non-
Federal share of the cost of a project carried out
under paragraph (1).
(C) State contributions.--
(i) In general.--The Secretary may accept from
the State a partial or total contribution toward
the non-Federal share for a project carried out
under paragraph (1).
(ii) Limitation.--Nothing in clause (i)
requires the State to contribute to the non-
Federal share of the cost of a project carried out
under paragraph (1).
(D) Form of non-federal share.--The non-Federal
share under subparagraph (A)(i) may be in the form of
in-kind contributions, including the contribution of any
valuable asset or service that the Secretary determines
would substantially contribute to a project carried out
under paragraph (1).
(5) Operation and maintenance.--The Secretary may not use
any amount made available under subsection (g)(2) to carry out
the operation or maintenance of any project carried out under
paragraph (1).
(e) Effect on Existing Authority and Responsibilities.--Nothing in
this section--
(1) affects any existing project-specific funding authority;
or
(2) limits or absolves the United States from any
responsibility to any Rio Grande Pueblo (including any
responsibility arising from a trust relationship or from any
Federal law (including regulations), Executive order, or
agreement between the Federal Government and any Rio Grande
Pueblo).
(f) Effect on Pueblo Water Rights or State Water Law.--
(1) Pueblo water rights.--Nothing in this section (including
the implementation of any project carried out in accordance with
this section) affects the right of any Pueblo to receive,
divert, store, or claim a right to water, including the priority
of right and the quantity of water associated with the water
right under Federal or State law.
(2) State water law.--Nothing in this section preempts or
affects--
(A) State water law; or
(B) an interstate compact governing water.
(g) Authorization of Appropriations.--
(1) Study.--There is authorized to be appropriated to carry
out subsection (c) $4,000,000.
(2) Projects.--There is authorized to be appropriated to
carry out subsection (d) $6,000,000 for each of fiscal years
2010 through 2019.
SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH PROGRAMS.
(a) Definitions.--Section 2 of Public Law 106-392 (114 Stat. 1602)
is amended--
(1) in paragraph (5), by inserting ``, rehabilitation, and
repair'' after ``and replacement''; and
[[Page 123 STAT. 1310]]
(2) in paragraph (6), by inserting ``those for protection of
critical habitat, those for preventing entrainment of fish in
water diversions,'' after ``instream flows,''.
(b) Authorization To Fund Recovery Programs.--Section 3 of Public
Law 106-392 (114 Stat. 1603; 120 Stat. 290) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$61,000,000''
and inserting ``$88,000,000'';
(B) in paragraph (2), by striking ``2010'' and
inserting ``2023''; and
(C) in paragraph (3), by striking ``2010'' and
inserting ``2023'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``$126,000,000'' and inserting
``$209,000,000'';
(B) in paragraph (1)--
(i) by striking ``$108,000,000'' and inserting
``$179,000,000''; and
(ii) by striking ``2010'' and inserting
``2023''; and
(C) in paragraph (2)--
(i) by striking ``$18,000,000'' and inserting
``$30,000,000''; and
(ii) by striking ``2010'' and inserting
``2023''; and
(3) in subsection (c)(4), by striking ``$31,000,000'' and
inserting ``$87,000,000''.
SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Fallbrook
Public Utility District, San Diego County, California.
(2) Project.--The term ``Project'' means the impoundment,
recharge, treatment, and other facilities the construction,
operation, watershed management, and maintenance of which is
authorized under subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Authorization for Construction of Santa Margarita River
Project.--
(1) Authorization.--The Secretary, acting pursuant to
Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of that
Act (43 U.S.C. 371 et seq.), to the extent that law is not
inconsistent with this section, may construct, operate, and
maintain the Project substantially in accordance with the final
feasibility report and environmental reviews for the Project and
this section.
(2) Conditions.--The Secretary may construct the Project
only after the Secretary determines that the following
conditions have occurred:
(A)(i) <<NOTE: Contracts.>> The District and the
Secretary of the Navy have entered into contracts under
subsections (c)(2) and (e) of section 9 of the
Reclamation Project Act of 1939 (43 U.S.C. 485h) to
repay to the United States equitable and appropriate
portions, as determined by the Secretary, of the actual
costs of constructing, operating, and maintaining the
Project.
[[Page 123 STAT. 1311]]
(ii) As an alternative to a repayment contract with
the Secretary of the Navy described in clause (i), the
Secretary may allow the Secretary of the Navy to satisfy
all or a portion of the repayment obligation for
construction of the Project on the payment of the share
of the Secretary of the Navy prior to the initiation of
construction, subject to a final cost allocation as
described in subsection (c).
(B) <<NOTE: Permits.>> The officer or agency of the
State of California authorized by law to grant permits
for the appropriation of water has granted the permits
to the Bureau of Reclamation for the benefit of the
Secretary of the Navy and the District as permittees for
rights to the use of water for storage and diversion as
provided in this section, including approval of all
requisite changes in points of diversion and storage,
and purposes and places of use.
(C)(i) The District has agreed--
(I) to not assert against the United States
any prior appropriative right the District may
have to water in excess of the quantity
deliverable to the District under this section;
and
(II) to share in the use of the waters
impounded by the Project on the basis of equal
priority and in accordance with the ratio
prescribed in subsection (d)(2).
(ii) The agreement and waiver under clause (i) and
the changes in points of diversion and storage under
subparagraph (B)--
(I) shall become effective and binding only
when the Project has been completed and put into
operation; and
(II) may be varied by agreement between the
District and the Secretary of the Navy.
(D) The Secretary has determined that the Project
has completed applicable economic, environmental, and
engineering feasibility studies.
(c) Costs.--
(1) In general.--As determined by a final cost allocation
after completion of the construction of the Project, the
Secretary of the Navy shall be responsible to pay upfront or
repay to the Secretary only that portion of the construction,
operation, and maintenance costs of the Project that the
Secretary and the Secretary of the Navy determine reflects the
extent to which the Department of the Navy benefits from the
Project.
(2) Other contracts.--Notwithstanding paragraph (1), the
Secretary may enter into a contract with the Secretary of the
Navy for the impoundment, storage, treatment, and carriage of
prior rights water for domestic, municipal, fish and wildlife,
industrial, and other beneficial purposes using Project
facilities.
(d) Operation; Yield Allotment; Delivery.--
(1) Operation.--The Secretary, the District, or a third
party (consistent with subsection (f)) may operate the Project,
subject to a memorandum of agreement between the Secretary, the
Secretary of the Navy, and the District and under regulations
satisfactory to the Secretary of the Navy with respect to the
share of the Project of the Department of the Navy.
[[Page 123 STAT. 1312]]
(2) Yield allotment.--Except as otherwise agreed between the
parties, the Secretary of the Navy and the District shall
participate in the Project yield on the basis of equal priority
and in accordance with the following ratio:
(A) 60 percent of the yield of the Project is
allotted to the Secretary of the Navy.
(B) 40 percent of the yield of the Project is
allotted to the District.
(3) Contracts for delivery of excess water.--
(A) Excess water available to other persons.--If the
Secretary of the Navy certifies to the official agreed
on to administer the Project that the Department of the
Navy does not have immediate need for any portion of the
60 percent of the yield of the Project allotted to the
Secretary of the Navy under paragraph (2), the official
may enter into temporary contracts for the sale and
delivery of the excess water.
(B) First right for excess water.--The first right
to excess water made available under subparagraph (A)
shall be given the District, if otherwise consistent
with the laws of the State of California.
(C) <<NOTE: Notice.>> Condition of contracts.--Each
contract entered into under subparagraph (A) for the
sale and delivery of excess water shall include a
condition that the Secretary of the Navy has the right
to demand the water, without charge and without
obligation on the part of the United States, after 30
days notice.
(D) Modification of rights and obligations.--The
rights and obligations of the United States and the
District regarding the ratio, amounts, definition of
Project yield, and payment for excess water may be
modified by an agreement between the parties.
(4) Consideration.--
(A) Deposit of funds.--
(i) In general.--Amounts paid to the United
States under a contract entered into under
paragraph (3) shall be--
(I) deposited in the special account
established for the Department of the
Navy under section 2667(e)(1) of title
10, United States Code; and
(II) shall be available for the
purposes specified in section
2667(e)(1)(C) of that title.
(ii) Exception.--Section 2667(e)(1)(D) of
title 10, United States Code, shall not apply to
amounts deposited in the special account pursuant
to this paragraph.
(B) In-kind consideration.--In lieu of monetary
consideration under subparagraph (A), or in addition to
monetary consideration, the Secretary of the Navy may
accept in-kind consideration in a form and quantity that
is acceptable to the Secretary of the Navy, including--
(i) maintenance, protection, alteration,
repair, improvement, or restoration (including
environmental restoration) of property or
facilities of the Department of the Navy;
(ii) construction of new facilities for the
Department of the Navy;
[[Page 123 STAT. 1313]]
(iii) provision of facilities for use by the
Department of the Navy;
(iv) facilities operation support for the
Department of the Navy; and
(v) provision of such other services as the
Secretary of the Navy considers appropriate.
(C) Relation to other laws.--Sections 2662 and 2802
of title 10, United States Code, shall not apply to any
new facilities the construction of which is accepted as
in-kind consideration under this paragraph.
(D) Congressional notification.--If the in-kind
consideration proposed to be provided under a contract
to be entered into under paragraph (3) has a value in
excess of $500,000, the contract may not be entered into
until the earlier of--
(i) <<NOTE: Reports.>> the end of the 30-day
period beginning on the date on which the
Secretary of the Navy submits to the Committee on
Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a
report describing the contract and the form and
quantity of the in-kind consideration; or
(ii) the end of the 14-day period beginning on
the date on which a copy of the report referred to
in clause (i) is provided in an electronic medium
pursuant to section 480 of title 10, United States
Code.
(e) Repayment Obligation of the District.--
(1) Determination.--
(A) In general.--Except as otherwise provided in
this paragraph, the general repayment obligation of the
District shall be determined by the Secretary consistent
with subsections (c)(2) and (e) of section 9 of the
Reclamation Project Act of 1939 (43 U.S.C. 485h) to
repay to the United States equitable and appropriate
portions, as determined by the Secretary, of the actual
costs of constructing, operating, and maintaining the
Project.
(B) Groundwater.--For purposes of calculating
interest and determining the time when the repayment
obligation of the District to the United States
commences, the pumping and treatment of groundwater from
the Project shall be deemed equivalent to the first use
of water from a water storage project.
(C) Contracts for delivery of excess water.--There
shall be no repayment obligation under this subsection
for water delivered to the District under a contract
described in subsection (d)(3).
(2) Modification of rights and obligation by agreement.--The
rights and obligations of the United States and the District
regarding the repayment obligation of the District may be
modified by an agreement between the parties.
(f) Transfer of Care, Operation, and Maintenance.--
(1) In general.--The Secretary may transfer to the District,
or a mutually agreed upon third party, the care, operation, and
maintenance of the Project under conditions that are--
(A) satisfactory to the Secretary and the District;
and
[[Page 123 STAT. 1314]]
(B) with respect to the portion of the Project that
is located within the boundaries of Camp Pendleton,
satisfactory to the Secretary, the District, and the
Secretary of the Navy.
(2) Equitable credit.--
(A) In general.--In the event of a transfer under
paragraph (1), the District shall be entitled to an
equitable credit for the costs associated with the
proportionate share of the Secretary of the operation
and maintenance of the Project.
(B) Application.--The amount of costs described in
subparagraph (A) shall be applied against the
indebtedness of the District to the United States.
(g) Scope of Section.--
(1) <<NOTE: Applicability.>> In general.--Except as
otherwise provided in this section, for the purpose of this
section, the laws of the State of California shall apply to the
rights of the United States pertaining to the use of water under
this section.
(2) Limitations.--Nothing in this section--
(A) provides a grant or a relinquishment by the
United States of any rights to the use of water that the
United States acquired according to the laws of the
State of California, either as a result of the
acquisition of the land comprising Camp Joseph H.
Pendleton and adjoining naval installations, and the
rights to the use of water as a part of that
acquisition, or through actual use or prescription or
both since the date of that acquisition, if any;
(B) creates any legal obligation to store any water
in the Project, to the use of which the United States
has those rights;
(C) requires the division under this section of
water to which the United States has those rights; or
(D) constitutes a recognition of, or an admission by
the United States that, the District has any rights to
the use of water in the Santa Margarita River, which
rights, if any, exist only by virtue of the laws of the
State of California.
(h) Limitations on Operation and Administration.--Unless otherwise
agreed by the Secretary of the Navy, the Project--
(1) shall be operated in a manner which allows the free
passage of all of the water to the use of which the United
States is entitled according to the laws of the State of
California either as a result of the acquisition of the land
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part of
those acquisitions, or through actual use or prescription, or
both, since the date of that acquisition, if any; and
(2) shall not be administered or operated in any way that
will impair or deplete the quantities of water the use of which
the United States would be entitled under the laws of the State
of California had the Project not been built.
(i) Reports to Congress.--Not later than 2 years after the date of
the enactment of this Act and periodically thereafter, the Secretary and
the Secretary of the Navy shall each submit to the appropriate
committees of Congress reports that describe whether the conditions
specified in subsection (b)(2) have been met and if so, the manner in
which the conditions were met.
[[Page 123 STAT. 1315]]
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $60,000,000, as adjusted to reflect the engineering
costs indices for the construction cost of the Project; and
(2) such sums as are necessary to operate and maintain the
Project.
(k) Sunset.--The authority of the Secretary to complete construction
of the Project shall terminate on the date that is 10 years after the
date of enactment of this Act.
SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) (as amended by section 9104(a)) is amended by adding at the end
the following:
``SEC. 1650. <<NOTE: 43 USC 390h-33.>> ELSINORE VALLEY MUNICIPAL
WATER DISTRICT PROJECTS, CALIFORNIA.
``(a) Authorization.--The Secretary, in cooperation with the
Elsinore Valley Municipal Water District, California, may participate in
the design, planning, and construction of permanent facilities needed to
establish recycled water distribution and wastewater treatment and
reclamation facilities that will be used to treat wastewater and provide
recycled water in the Elsinore Valley Municipal Water District,
California.
``(b) Cost Sharing.--The Federal share of the cost of each project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary under this
section shall not be used for operation or maintenance of the projects
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $12,500,000.''.
(b) Clerical Amendment.--The table of sections in section 2 of
Public Law 102-575 (as amended by section 9104(b)) is amended by
inserting after the item relating to section 1649 the following:
``Sec. 1650. Elsinore Valley Municipal Water District Projects,
California.''.
SEC. 9110. NORTH BAY WATER REUSE AUTHORITY.
(a) Project Authorization.--The Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by section 9109(a)) is amended by
adding at the end the following:
``SEC. 1651. <<NOTE: 43 USC 390h-34.>> NORTH BAY WATER REUSE
PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
member agency of the North Bay Water Reuse Authority of the
State located in the North San Pablo Bay watershed in--
``(A) Marin County;
``(B) Napa County;
``(C) Solano County; or
``(D) Sonoma County.
``(2) Water reclamation and reuse project.--The term `water
reclamation and reuse project' means a project carried out by
the Secretary and an eligible entity in the North San Pablo Bay
watershed relating to--
[[Page 123 STAT. 1316]]
``(A) water quality improvement;
``(B) wastewater treatment;
``(C) water reclamation and reuse;
``(D) groundwater recharge and protection;
``(E) surface water augmentation; or
``(F) other related improvements.
``(3) State.--The term `State' means the State of
California.
``(b) North Bay Water Reuse Program.--
``(1) In general.--Contingent upon a finding of feasibility,
the Secretary, acting through a cooperative agreement with the
State or a subdivision of the State, is authorized to enter into
cooperative agreements with eligible entities for the planning,
design, and construction of water reclamation and reuse
facilities and recycled water conveyance and distribution
systems.
``(2) Coordination with other federal agencies.--In carrying
out this section, the Secretary and the eligible entity shall,
to the maximum extent practicable, use the design work and
environmental evaluations initiated by--
``(A) non-Federal entities; and
``(B) the Corps of Engineers in the San Pablo Bay
Watershed of the State.
``(3) Phased project.--A cooperative agreement described in
paragraph (1) shall require that the North Bay Water Reuse
Program carried out under this section shall consist of 2 phases
as follows:
``(A) First phase.--During the first phase, the
Secretary and an eligible entity shall complete the
planning, design, and construction of the main treatment
and main conveyance systems.
``(B) Second phase.--During the second phase, the
Secretary and an eligible entity shall complete the
planning, design, and construction of the sub-regional
distribution systems.
``(4) Cost sharing.--
``(A) Federal share.--The Federal share of the cost
of the first phase of the project authorized by this
section shall not exceed 25 percent of the total cost of
the first phase of the project.
``(B) Form of non-federal share.--The non-Federal
share may be in the form of any in-kind services that
the Secretary determines would contribute substantially
toward the completion of the water reclamation and reuse
project, including--
``(i) reasonable costs incurred by the
eligible entity relating to the planning, design,
and construction of the water reclamation and
reuse project; and
``(ii) the acquisition costs of land acquired
for the project that is--
``(I) used for planning, design, and
construction of the water reclamation
and reuse project facilities; and
``(II) owned by an eligible entity
and directly related to the project.
``(C) Limitation.--The Secretary shall not provide
funds for the operation and maintenance of the project
authorized by this section.
[[Page 123 STAT. 1317]]
``(5) Effect.--Nothing in this section--
``(A) affects or preempts--
``(i) State water law; or
``(ii) an interstate compact relating to the
allocation of water; or
``(B) confers on any non-Federal entity the ability
to exercise any Federal right to--
``(i) the water of a stream; or
``(ii) any groundwater resource.
``(6) Authorization of appropriations.--There is authorized
to be appropriated for the Federal share of the total cost of
the first phase of the project authorized by this section
$25,000,000, to remain available until expended.''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 (as amended by section 9109(b)) is amended by
inserting after the item relating to section 1650 the following:
``Sec. 1651. North Bay water reuse program.''.
SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT,
CALIFORNIA.
(a) Prado Basin Natural Treatment System Project.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by section 9110(a)) is amended
by adding at the end the following:
``SEC. 1652. <<NOTE: 43 USC 390h-35.>> PRADO BASIN NATURAL
TREATMENT SYSTEM PROJECT.
``(a) In General.--The Secretary, in cooperation with the Orange
County Water District, shall participate in the planning, design, and
construction of natural treatment systems and wetlands for the flows of
the Santa Ana River, California, and its tributaries into the Prado
Basin.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be used
for the operation and maintenance of the project described in subsection
(a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
``(e) Sunset of Authority.--This section shall have no effect after
the date that is 10 years after the date of the enactment of this
section.''.
(2) Conforming amendment.--The table of sections in section
2 of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by
section 9110(b)) is amended by inserting after the last item the
following:
``1652. Prado Basin Natural Treatment System Project.''.
(b) Lower Chino Dairy Area Desalination Demonstration and
Reclamation Project.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by subsection (a)(1)) is
amended by adding at the end the following:
[[Page 123 STAT. 1318]]
``SEC. 1653. <<NOTE: 43 USC 390h-36.>> LOWER CHINO DAIRY AREA
DESALINATION DEMONSTRATION AND
RECLAMATION PROJECT.
``(a) In General.--The Secretary, in cooperation with the Chino
Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana
Watershed Project Authority and acting under the Federal reclamation
laws, shall participate in the design, planning, and construction of the
Lower Chino Dairy Area desalination demonstration and reclamation
project.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed--
``(1) 25 percent of the total cost of the project; or
``(2) $26,000,000.
``(c) Limitation.--Funds provided by the Secretary shall not be used
for operation or maintenance of the project described in subsection (a).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
``(e) Sunset of Authority.--This section shall have no effect after
the date that is 10 years after the date of the enactment of this
section.''.
(2) Conforming amendment.--The table of sections in section
2 of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by
subsection (a)(2)) is amended by inserting after the last item
the following:
``1653. Lower Chino dairy area desalination demonstration and
reclamation project.''.
(c) Orange County Regional Water Reclamation Project.--Section 1624
of the Reclamation Wastewater and Groundwater Study and Facilities Act
(Public Law 102-575, title XVI; 43 U.S.C. 390h-12j) is amended--
(1) in the section heading, by striking the words ``phase 1
of the''; and
(2) in subsection (a), by striking ``phase 1 of''.
SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Western
Municipal Water District, Riverside County, California.
(2) Project.--
(A) In general.--The term ``Project'' means the
Riverside-Corona Feeder Project.
(B) Inclusions.--The term ``Project'' includes--
(i) 20 groundwater wells;
(ii) groundwater treatment facilities;
(iii) water storage and pumping facilities;
and
(iv) 28 miles of pipeline in San Bernardino
and Riverside Counties in the State of California.
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(b) Planning, Design, and Construction of Riverside-Corona Feeder.--
(1) In general.--The Secretary, in cooperation with the
District, may participate in the planning, design, and
construction of the Project.
[[Page 123 STAT. 1319]]
(2) Agreements and regulations.--The Secretary may enter
into such agreements and promulgate such regulations as are
necessary to carry out this subsection.
(3) Federal share.--
(A) Planning, design, construction.--The Federal
share of the cost to plan, design, and construct the
Project shall not exceed the lesser of--
(i) an amount equal to 25 percent of the total
cost of the Project; and
(ii) $26,000,000.
(B) Studies.--The Federal share of the cost to
complete the necessary planning studies associated with
the Project--
(i) shall not exceed an amount equal to 50
percent of the total cost of the studies; and
(ii) shall be included as part of the
limitation described in subparagraph (A).
(4) In-kind services.--The non-Federal share of the cost of
the Project may be provided in cash or in kind.
(5) Limitation.--Funds provided by the Secretary under this
subsection shall not be used for operation or maintenance of the
Project.
(6) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out this subsection
the lesser of--
(A) an amount equal to 25 percent of the total cost
of the Project; and
(B) $26,000,000.
SEC. 9113. GREAT PROJECT, CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (title XVI of Public Law 102-575; 43 U.S.C. 390h et
seq.) (as amended by section 9111(b)(1)) is amended by adding at the end
the following:
``SEC. 1654. <<NOTE: 43 USC 390h-37.>> OXNARD, CALIFORNIA, WATER
RECLAMATION, REUSE, AND TREATMENT
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City of
Oxnard, California, may participate in the design, planning, and
construction of Phase I permanent facilities for the GREAT project to
reclaim, reuse, and treat impaired water in the area of Oxnard,
California.
``(b) Cost Share.--The Federal share of the costs of the project
described in subsection (a) shall not exceed 25 percent of the total
cost.
``(c) Limitation.--The Secretary shall not provide funds for the
following:
``(1) The operations and maintenance of the project
described in subsection (a).
``(2) The construction, operations, and maintenance of the
visitor's center related to the project described in subsection
(a).
``(d) Sunset of Authority.--The authority of the Secretary to carry
out any provisions of this section shall terminate 10 years after the
date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections in section 2 of the
Reclamation Projects Authorization and Adjustment Act
[[Page 123 STAT. 1320]]
of 1992 (as amended by section 9111(b)(2)) is amended by inserting after
the last item the following:
``Sec. 1654. Oxnard, California, water reclamation, reuse, and treatment
project.''.
SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) (as amended by section 9113(a)) is amended by adding at the end
the following:
``SEC. 1655. <<NOTE: 43 USC 390h-38.>> YUCAIPA VALLEY REGIONAL
WATER SUPPLY RENEWAL PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the Yucaipa
Valley Water District, may participate in the design, planning, and
construction of projects to treat impaired surface water, reclaim and
reuse impaired groundwater, and provide brine disposal within the Santa
Ana Watershed as described in the report submitted under section 1606.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be used
for operation or maintenance of the project described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
``SEC. 1656. <<NOTE: 43 USC 390h-39.>> CITY OF CORONA WATER
UTILITY, CALIFORNIA, WATER RECYCLING AND
REUSE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City of
Corona Water Utility, California, is authorized to participate in the
design, planning, and construction of, and land acquisition for, a
project to reclaim and reuse wastewater, including degraded
groundwaters, within and outside of the service area of the City of
Corona Water Utility, California.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total cost
of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.''.
(b) Conforming Amendments.--The table of sections in section 2 of
Public Law 102-575 (as amended by section 9114(b)) is amended by
inserting after the last item the following:
``Sec. 1655. Yucaipa Valley Regional Water Supply Renewal Project.
``Sec. 1656. City of Corona Water Utility, California, water recycling
and reuse project.''.
SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO.
(a) Cost Share.--The first section of Public Law 87-590 (76 Stat.
389) is <<NOTE: 43 USC 616.>> amended in the second sentence of
subsection (c) by inserting after ``cost thereof,'' the following: ``or
in the case of the Arkansas Valley Conduit, payment in an amount equal
to 35 percent of the cost of the conduit that is comprised of revenue
generated by payments pursuant to a repayment contract and revenue that
may be derived from contracts for the use of Fryingpan-Arkansas project
excess capacity or exchange contracts using Fryingpan-Arkansas project
facilities,''.
[[Page 123 STAT. 1321]]
(b) <<NOTE: 43 USC 616a.>> Rates.--Section 2(b) of Public Law 87-
590 (76 Stat. 390) is amended--
(1) by striking ``(b) Rates'' and inserting the following:
``(b) Rates.--
``(1) In general.--Rates''; and
(2) by adding at the end the following:
``(2) Ruedi dam and reservoir, fountain valley pipeline, and
south outlet works at pueblo dam and reservoir.--
``(A) In general.--Notwithstanding the reclamation
laws, until the date on which the payments for the
Arkansas Valley Conduit under paragraph (3) begin, any
revenue that may be derived from contracts for the use
of Fryingpan-Arkansas project excess capacity or
exchange contracts using Fryingpan-Arkansas project
facilities shall be credited towards payment of the
actual cost of Ruedi Dam and Reservoir, the Fountain
Valley Pipeline, and the South Outlet Works at Pueblo
Dam and Reservoir plus interest in an amount determined
in accordance with this section.
``(B) Effect.--Nothing in the Federal reclamation
law (the Act of June 17, 1902 (32 Stat. 388, chapter
1093), and Acts supplemental to and amendatory of that
Act (43 U.S.C. 371 et seq.)) prohibits the concurrent
crediting of revenue (with interest as provided under
this section) towards payment of the Arkansas Valley
Conduit as provided under this paragraph.
``(3) Arkansas valley conduit.--
``(A) Use of revenue.--Notwithstanding the
reclamation laws, any revenue derived from contracts for
the use of Fryingpan-Arkansas project excess capacity or
exchange contracts using Fryingpan-Arkansas project
facilities shall be credited towards payment of the
actual cost of the Arkansas Valley Conduit plus interest
in an amount determined in accordance with this section.
``(B) Adjustment of rates.--Any rates charged under
this section for water for municipal, domestic, or
industrial use or for the use of facilities for the
storage or delivery of water shall be adjusted to
reflect the estimated revenue derived from contracts for
the use of Fryingpan-Arkansas project excess capacity or
exchange contracts using Fryingpan-Arkansas project
facilities.''.
(c) Authorization of Appropriations.--Section 7 of Public Law 87-590
(76 Stat. 393) is <<NOTE: 43 USC 616f.>> amended--
(1) by striking ``Sec. 7. There is hereby'' and inserting
the following:
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is''; and
(2) by adding at the end the following:
``(b) Arkansas Valley Conduit.--
``(1) In general.--Subject to annual appropriations and
paragraph (2), there are authorized to be appropriated such sums
as are necessary for the construction of the Arkansas Valley
Conduit.
``(2) Limitation.--Amounts made available under paragraph
(1) shall not be used for the operation or maintenance of the
Arkansas Valley Conduit.''.
[[Page 123 STAT. 1322]]
Subtitle C--Title Transfers and Clarifications
SEC. 9201. <<NOTE: Oklahoma.>> TRANSFER OF MCGEE CREEK PIPELINE
AND FACILITIES.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the agreement
numbered 06-AG-60-2115 and entitled ``Agreement Between the
United States of America and McGee Creek Authority for the
Purpose of Defining Responsibilities Related to and Implementing
the Title Transfer of Certain Facilities at the McGee Creek
Project, Oklahoma''.
(2) Authority.--The term ``Authority'' means the McGee Creek
Authority located in Oklahoma City, Oklahoma.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conveyance of Mcgee Creek Project Pipeline and Associated
Facilities.--
(1) Authority to convey.--
(A) In general.--In accordance with all applicable
laws and consistent with any terms and conditions
provided in the Agreement, the Secretary may convey to
the Authority all right, title, and interest of the
United States in and to the pipeline and any associated
facilities described in the Agreement, including--
(i) the pumping plant;
(ii) the raw water pipeline from the McGee
Creek pumping plant to the rate of flow control
station at Lake Atoka;
(iii) the surge tank;
(iv) the regulating tank;
(v) the McGee Creek operation and maintenance
complex, maintenance shop, and pole barn; and
(vi) any other appurtenances, easements, and
fee title land associated with the facilities
described in clauses (i) through (v), in
accordance with the Agreement.
(B) Exclusion of mineral estate from conveyance.--
(i) In general.--The mineral estate shall be
excluded from the conveyance of any land or
facilities under subparagraph (A).
(ii) Management.--Any mineral interests
retained by the United States under this section
shall be managed--
(I) consistent with Federal law; and
(II) in a manner that would not
interfere with the purposes for which
the McGee Creek Project was authorized.
(C) Compliance with agreement; applicable law.--
(i) Agreement.--All parties to the conveyance
under subparagraph (A) shall comply with the terms
and conditions of the Agreement, to the extent
consistent with this section.
(ii) Applicable law.--Before any conveyance
under subparagraph (A), the Secretary shall
complete any actions required under--
[[Page 123 STAT. 1323]]
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(II) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(III) the National Historic
Preservation Act (16 U.S.C. 470 et
seq.); and
(IV) any other applicable laws.
(2) Operation of transferred facilities.--
(A) In general.--On the conveyance of the land and
facilities under paragraph (1)(A), the Authority shall
comply with all applicable Federal, State, and local
laws (including regulations) in the operation of any
transferred facilities.
(B) Operation and maintenance costs.--
(i) In general.--After the conveyance of the
land and facilities under paragraph (1)(A) and
consistent with the Agreement, the Authority shall
be responsible for all duties and costs associated
with the operation, replacement, maintenance,
enhancement, and betterment of the transferred
land and facilities.
(ii) Limitation on funding.--The Authority
shall not be eligible to receive any Federal
funding to assist in the operation, replacement,
maintenance, enhancement, and betterment of the
transferred land and facilities, except for
funding that would be available to any comparable
entity that is not subject to reclamation laws.
(3) Release from liability.--
(A) <<NOTE: Effective date.>> In general.--
Effective beginning on the date of the conveyance of the
land and facilities under paragraph (1)(A), the United
States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence relating
to any land or facilities conveyed, except for damages
caused by acts of negligence committed by the United
States (including any employee or agent of the United
States) before the date of the conveyance.
(B) No additional liability.--Nothing in this
paragraph adds to any liability that the United States
may have under chapter 171 of title 28, United States
Code.
(4) Contractual obligations.--
(A) In general.--Except as provided in subparagraph
(B), any rights and obligations under the contract
numbered 0-07-50-X0822 and dated October 11, 1979,
between the Authority and the United States for the
construction, operation, and maintenance of the McGee
Creek Project, shall remain in full force and effect.
(B) Amendments.--With the consent of the Authority,
the Secretary may amend the contract described in
subparagraph (A) to reflect the conveyance of the land
and facilities under paragraph (1)(A).
(5) Applicability of the reclamation laws.--Notwithstanding
the conveyance of the land and facilities under paragraph
(1)(A), the reclamation laws shall continue to apply to any
project water provided to the Authority.
[[Page 123 STAT. 1324]]
SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, TITLE
CLARIFICATION.
(a) Purpose.--The purpose of this section is to direct the Secretary
of the Interior to issue a quitclaim deed conveying any right, title,
and interest the United States may have in and to Tingley Beach, San
Gabriel Park, or the BioPark Parcels to the City, thereby removing a
potential cloud on the City's title to these lands.
(b) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Albuquerque,
New Mexico.
(2) Biopark parcels.--The term ``BioPark Parcels'' means a
certain area of land containing 19.16 acres, more or less,
situated within the Town of Albuquerque Grant, in Projected
Section 13, Township 10 North, Range 2 East, N.M.P.M., City of
Albuquerque, Bernalillo County, New Mexico, comprised of the
following platted tracts and lot, and MRGCD tracts:
(A) Tracts A and B, Albuquerque Biological Park, as
the same are shown and designated on the Plat of Tracts
A & B, Albuquerque Biological Park, recorded in the
Office of the County Clerk of Bernalillo County, New
Mexico on February 11, 1994 in Book 94C, Page 44;
containing 17.9051 acres, more or less.
(B) Lot B-1, Roger Cox Addition, as the same is
shown and designated on the Plat of Lots B-1 and B-2
Roger Cox Addition, recorded in the Office of the County
Clerk of Bernalillo County, New Mexico on October 3,
1985 in Book C28, Page 99; containing 0.6289 acres, more
or less.
(C) Tract 361 of MRGCD Map 38, bounded on the north
by Tract A, Albuquerque Biological Park, on the east by
the westerly right-of-way of Central Avenue, on the
south by Tract 332B MRGCD Map 38, and on the west by
Tract B, Albuquerque Biological Park; containing 0.30
acres, more or less.
(D) Tract 332B of MRGCD Map 38; bounded on the north
by Tract 361, MRGCD Map 38, on the west by Tract 32A-1-
A, MRGCD Map 38, and on the south and east by the
westerly right-of-way of Central Avenue; containing 0.25
acres, more or less.
(E) Tract 331A-1A of MRGCD Map 38, bounded on the
west by Tract B, Albuquerque Biological Park, on the
east by Tract 332B, MRGCD Map 38, and on the south by
the westerly right-of-way of Central Avenue and Tract A,
Albuquerque Biological Park; containing 0.08 acres, more
or less.
(3) Middle rio grande conservancy district.--The terms
``Middle Rio Grande Conservancy District'' and ``MRGCD'' mean a
political subdivision of the State of New Mexico, created in
1925 to provide and maintain flood protection and drainage, and
maintenance of ditches, canals, and distribution systems for
irrigation and water delivery and operations in the Middle Rio
Grande Valley.
(4) Middle rio grande project.--The term ``Middle Rio Grande
Project'' means the works associated with water deliveries and
operations in the Rio Grande basin as authorized by the Flood
Control Act of 1948 (Public Law 80-858; 62
[[Page 123 STAT. 1325]]
Stat. 1175) and the Flood Control Act of 1950 (Public Law 81-
516; 64 Stat. 170).
(5) San gabriel park.--The term ``San Gabriel Park'' means
the tract of land containing 40.2236 acres, more or less,
situated within Section 12 and Section 13, T10N, R2E, N.M.P.M.,
City of Albuquerque, Bernalillo County, New Mexico, and
described by New Mexico State Plane Grid Bearings (Central Zone)
and ground distances in a Special Warranty Deed conveying the
property from MRGCD to the City, dated November 25, 1997.
(6) Tingley beach.--The term ``Tingley Beach'' means the
tract of land containing 25.2005 acres, more or less, situated
within Section 13 and Section 24, T10N, R2E, and secs. 18 and
19, T10N, R3E, N.M.P.M., City of Albuquerque, Bernalillo County,
New Mexico, and described by New Mexico State Plane Grid
Bearings (Central Zone) and ground distances in a Special
Warranty Deed conveying the property from MRGCD to the City,
dated November 25, 1997.
(c) Clarification of Property Interest.--
(1) Required action.--The Secretary of the Interior shall
issue a quitclaim deed conveying any right, title, and interest
the United States may have in and to Tingley Beach, San Gabriel
Park, and the BioPark Parcels to the City.
(2) Timing.--The Secretary shall carry out the action in
paragraph (1) as soon as practicable after the date of enactment
of this Act and in accordance with all applicable law.
(3) No additional payment.--The City shall not be required
to pay any additional costs to the United States for the value
of San Gabriel Park, Tingley Beach, and the BioPark Parcels.
(d) Other Rights, Title, and Interests Unaffected.--
(1) In general.--Except as expressly provided in subsection
(c), nothing in this section shall be construed to affect any
right, title, or interest in and to any land associated with the
Middle Rio Grande Project.
(2) Ongoing litigation.--Nothing contained in this section
shall be construed or utilized to affect or otherwise interfere
with any position set forth by any party in the lawsuit pending
before the United States District Court for the District of New
Mexico, 99-CV-01320-JAP-RHS, entitled Rio Grande Silvery Minnow
v. John W. Keys, III, concerning the right, title, or interest
in and to any property associated with the Middle Rio Grande
Project.
SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION SYSTEM,
CALIFORNIA.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means Agreement No.
07-LC-20-9387 between the United States and the District,
entitled ``Agreement Between the United States and the Goleta
Water District to Transfer Title of the Federally Owned
Distribution System to the Goleta Water District''.
(2) District.--The term ``District'' means the Goleta Water
District, located in Santa Barbara County, California.
(3) Goleta water distribution system.--The term ``Goleta
Water Distribution System'' means the facilities constructed by
the United States to enable the District to convey
[[Page 123 STAT. 1326]]
water to its water users, and associated lands, as described in
Appendix A of the Agreement.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conveyance of the Goleta Water Distribution System.--The
Secretary is authorized to convey to the District all right, title, and
interest of the United States in and to the Goleta Water Distribution
System of the Cachuma Project, California, subject to valid existing
rights and consistent with the terms and conditions set forth in the
Agreement.
(c) <<NOTE: Effective date.>> Liability.--Effective upon the date
of the conveyance authorized by subsection (b), the United States shall
not be held liable by any court for damages of any kind arising out of
any act, omission, or occurrence relating to the lands, buildings, or
facilities conveyed under this section, except for damages caused by
acts of negligence committed by the United States or by its employees or
agents prior to the date of conveyance. Nothing in this section
increases the liability of the United States beyond that provided in
chapter 171 of title 28, United States Code (popularly known as the
Federal Tort Claims Act).
(d) Benefits.--After conveyance of the Goleta Water Distribution
System under this section--
(1) such distribution system shall not be considered to be a
part of a Federal reclamation project; and
(2) the District shall not be eligible to receive any
benefits with respect to any facility comprising the Goleta
Water Distribution System, except benefits that would be
available to a similarly situated entity with respect to
property that is not part of a Federal reclamation project.
(e) Compliance With Other Laws.--
(1) Compliance with environmental and historic preservation
laws.--Prior to any conveyance under this section, the Secretary
shall complete all actions required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the
National Historic Preservation Act (16 U.S.C. 470 et seq.), and
all other applicable laws.
(2) Compliance by the district.--Upon the conveyance of the
Goleta Water Distribution System under this section, the
District shall comply with all applicable Federal, State, and
local laws and regulations in its operation of the facilities
that are transferred.
(3) Applicable authority.--All provisions of Federal
reclamation law (the Act of June 17, 1902 (43 U.S.C. 371 et
seq.) and Acts supplemental to and amendatory of that Act) shall
continue to be applicable to project water provided to the
District.
(f) Report.--If, 12 months after the date of the enactment of this
Act, the Secretary has not completed the conveyance required under
subsection (b), the Secretary shall complete a report that states the
reason the conveyance has not been completed and the date by which the
conveyance shall be completed. The Secretary shall submit a report
required under this subsection to Congress not later than 14 months
after the date of the enactment of this Act.
[[Page 123 STAT. 1327]]
Subtitle D--San Gabriel Basin Restoration Fund
SEC. 9301. RESTORATION FUND.
Section 110 of division B of the Miscellaneous Appropriations Act,
2001 (114 Stat. 2763A-222), as enacted into law by section 1(a)(4) of
the Consolidated Appropriations Act, 2001 (Public Law 106-554, as
amended by Public Law 107-66), is further amended--
(1) in subsection (a)(3)(B), by inserting after clause (iii)
the following:
``(iv) Non-federal match.--After $85,000,000
has cumulatively been appropriated under
subsection (d)(1), the remainder of Federal funds
appropriated under subsection (d) shall be subject
to the following matching requirement:
``(I) San gabriel basin water
quality authority.--The San Gabriel
Basin Water Quality Authority shall be
responsible for providing a 35 percent
non-Federal match for Federal funds made
available to the Authority under this
Act.
``(II) Central basin municipal water
district.--The Central Basin Municipal
Water District shall be responsible for
providing a 35 percent non-Federal match
for Federal funds made available to the
District under this Act.'';
(2) in subsection (a), by adding at the end the following:
``(4) Interest on funds in restoration fund.--No amounts
appropriated above the cumulative amount of $85,000,000 to the
Restoration Fund under subsection (d)(1) shall be invested by
the Secretary of the Treasury in interest-bearing securities of
the United States.''; and
(3) by amending subsection (d) to read as follows:
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
the Restoration Fund established under subsection (a)
$146,200,000. Such funds shall remain available until expended.
``(2) Set-aside.--Of the amounts appropriated under
paragraph (1), no more than $21,200,000 shall be made available
to carry out the Central Basin Water Quality Project.''.
Subtitle E--Lower Colorado River Multi-Species Conservation Program
SEC. 9401. DEFINITIONS.
In this subtitle:
(1) Lower colorado river multi-species conservation
program.--The term ``Lower Colorado River Multi-Species
Conservation Program'' or ``LCR MSCP'' means the cooperative
effort on the Lower Colorado River between Federal and non-
Federal entities in Arizona, California, and Nevada approved by
the Secretary of the Interior on April 2, 2005.
(2) Lower colorado river.--The term ``Lower Colorado River''
means the segment of the Colorado River within the
[[Page 123 STAT. 1328]]
planning area as provided in section 2(B) of the Implementing
Agreement, a Program Document.
(3) Program documents.--The term ``Program Documents'' means
the Habitat Conservation Plan, Biological Assessment and
Biological and Conference Opinion, Environmental Impact
Statement/Environmental Impact Report, Funding and Management
Agreement, Implementing Agreement, and Section 10(a)(1)(B)
Permit issued and, as applicable, executed in connection with
the LCR MSCP, and any amendments or successor documents that are
developed consistent with existing agreements and applicable
law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means each of the States of
Arizona, California, and Nevada.
SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING.
(a) Implementation.--The Secretary is authorized to manage and
implement the LCR MSCP in accordance with the Program Documents.
(b) Water Accounting.--The Secretary is authorized to enter into an
agreement with the States providing for the use of water from the Lower
Colorado River for habitat creation and maintenance in accordance with
the Program Documents.
SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS.
(a) In General.--Due to the unique conditions of the Colorado River,
any party to the Funding and Management Agreement or the Implementing
Agreement, and any permittee under the Section 10(a)(1)(B) Permit, may
commence a civil action in United States district court to adjudicate,
confirm, validate or decree the rights and obligations of the parties
under those Program Documents.
(b) Jurisdiction.--The district court shall have jurisdiction over
such actions and may issue such orders, judgments, and decrees as are
consistent with the court's exercise of jurisdiction under this section.
(c) United States as Defendant.--
(1) In general.--The United States or any agency of the
United States may be named as a defendant in such actions.
(2) <<NOTE: Waiver.>> Sovereign immunity.--Subject to
paragraph (3), the sovereign immunity of the United States is
waived for purposes of actions commenced pursuant to this
section.
(3) Nonwaiver for certain claims.--Nothing in this section
waives the sovereign immunity of the United States to claims for
money damages, monetary compensation, the provision of
indemnity, or any claim seeking money from the United States.
(d) Rights Under Federal and State Law.--
(1) In general.--Except as specifically provided in this
section, nothing in this section limits any rights or
obligations of any party under Federal or State law.
(2) Applicability to lower colorado river multi-species
conservation program.--This section--
(A) shall apply only to the Lower Colorado River
Multi-Species Conservation Program; and
(B) shall not affect the terms of, or rights or
obligations under, any other conservation plan created
pursuant to any Federal or State law.
[[Page 123 STAT. 1329]]
(e) Venue.--Any suit pursuant to this section may be brought in any
United States district court in the State in which any non-Federal party
to the suit is situated.
SEC. 9404. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary such sums as may be necessary to meet the obligations of the
Secretary under the Program Documents, to remain available until
expended.
(b) Non-Reimbursable and Non-Returnable.--All amounts appropriated
to and expended by the Secretary for the LCR MSCP shall be non-
reimbursable and non-returnable.
Subtitle F--Secure Water
SEC. 9501. <<NOTE: 42 USC 10361.>> FINDINGS.
Congress finds that--
(1) adequate and safe supplies of water are fundamental to
the health, economy, security, and ecology of the United States;
(2) systematic data-gathering with respect to, and research
and development of, the water resources of the United States
will help ensure the continued existence of sufficient
quantities of water to support--
(A) increasing populations;
(B) economic growth;
(C) irrigated agriculture;
(D) energy production; and
(E) the protection of aquatic ecosystems;
(3) global climate change poses a significant challenge to
the protection and use of the water resources of the United
States due to an increased uncertainty with respect to the
timing, form, and geographical distribution of precipitation,
which may have a substantial effect on the supplies of water for
agricultural, hydroelectric power, industrial, domestic supply,
and environmental needs;
(4) although States bear the primary responsibility and
authority for managing the water resources of the United States,
the Federal Government should support the States, as well as
regional, local, and tribal governments, by carrying out--
(A) nationwide data collection and monitoring
activities;
(B) relevant research; and
(C) activities to increase the efficiency of the use
of water in the United States;
(5) Federal agencies that conduct water management and
related activities have a responsibility--
(A) to take a lead role in assessing risks to the
water resources of the United States (including risks
posed by global climate change); and
(B) to develop strategies--
(i) to mitigate the potential impacts of each
risk described in subparagraph (A); and
[[Page 123 STAT. 1330]]
(ii) to help ensure that the long-term water
resources management of the United States is
sustainable and will ensure sustainable quantities
of water;
(6) it is critical to continue and expand research and
monitoring efforts--
(A) to improve the understanding of the variability
of the water cycle; and
(B) to provide basic information necessary--
(i) to manage and efficiently use the water
resources of the United States; and
(ii) to identify new supplies of water that
are capable of being reclaimed; and
(7) the study of water use is vital--
(A) to the understanding of the impacts of human
activity on water and ecological resources; and
(B) to the assessment of whether available surface
and groundwater supplies will be available to meet the
future needs of the United States.
SEC. 9502. <<NOTE: 42 USC 10362.>> DEFINITIONS.
In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Advisory committee.--The term ``Advisory Committee''
means the National Advisory Committee on Water Information
established--
(A) under the Office of Management and Budget
Circular 92-01; and
(B) to coordinate water data collection activities.
(3) Assessment program.--The term ``assessment program''
means the water availability and use assessment program
established by the Secretary under section 9508(a).
(4) Climate division.--The term ``climate division'' means 1
of the 359 divisions in the United States that represents 2 or
more regions located within a State that are as climatically
homogeneous as possible, as determined by the Administrator.
(5) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(6) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(7) Eligible applicant.--The term ``eligible applicant''
means any State, Indian tribe, irrigation district, water
district, or other organization with water or power delivery
authority.
(8) Federal power marketing administration.--The term
``Federal Power Marketing Administration'' means--
(A) the Bonneville Power Administration;
(B) the Southeastern Power Administration;
(C) the Southwestern Power Administration; and
(D) the Western Area Power Administration.
(9) Hydrologic accounting unit.--The term ``hydrologic
accounting unit'' means 1 of the 352 river basin hydrologic
accounting units used by the United States Geological Survey.
(10) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
[[Page 123 STAT. 1331]]
(11) Major aquifer system.--The term ``major aquifer
system'' means a groundwater system that is--
(A) identified as a significant groundwater system
by the Director; and
(B) included in the Groundwater Atlas of the United
States, published by the United States Geological
Survey.
(12) Major reclamation river basin.--
(A) In general.--The term ``major reclamation river
basin'' means each major river system (including
tributaries)--
(i) that is located in a service area of the
Bureau of Reclamation; and
(ii) at which is located a federally
authorized project of the Bureau of Reclamation.
(B) Inclusions.--The term ``major reclamation river
basin'' includes--
(i) the Colorado River;
(ii) the Columbia River;
(iii) the Klamath River;
(iv) the Missouri River;
(v) the Rio Grande;
(vi) the Sacramento River;
(vii) the San Joaquin River; and
(viii) the Truckee River.
(13) Non-federal participant.--The term ``non-Federal
participant'' means--
(A) a State, regional, or local authority;
(B) an Indian tribe or tribal organization; or
(C) any other qualifying entity, such as a water
conservation district, water conservancy district, or
rural water district or association, or a
nongovernmental organization.
(14) Panel.--The term ``panel'' means the climate change and
water intragovernmental panel established by the Secretary under
section 9506(a).
(15) Program.--The term ``program'' means the regional
integrated sciences and assessments program--
(A) established by the Administrator; and
(B) that is comprised of 8 regional programs that
use advances in integrated climate sciences to assist
decisionmaking processes.
(16) Secretary.--
(A) In general.--Except as provided in subparagraph
(B), the term ``Secretary'' means the Secretary of the
Interior.
(B) Exceptions.--The term ``Secretary'' means--
(i) in the case of sections 9503, 9504, and
9509, the Secretary of the Interior (acting
through the Commissioner); and
(ii) in the case of sections 9507 and 9508,
the Secretary of the Interior (acting through the
Director).
(17) Service area.--The term ``service area'' means any area
that encompasses a watershed that contains a federally
authorized reclamation project that is located in any State or
area described in the first section of the Act of June 17, 1902
(43 U.S.C. 391).
[[Page 123 STAT. 1332]]
SEC. 9503. <<NOTE: 42 USC 10363.>> RECLAMATION CLIMATE CHANGE AND
WATER PROGRAM.
(a) In General.--The Secretary shall establish a climate change
adaptation program--
(1) to coordinate with the Administrator and other
appropriate agencies to assess each effect of, and risk
resulting from, global climate change with respect to the
quantity of water resources located in a service area; and
(2) to ensure, to the maximum extent possible, that
strategies are developed at watershed and aquifer system scales
to address potential water shortages, conflicts, and other
impacts to water users located at, and the environment of, each
service area.
(b) Required Elements.--In carrying out the program described in
subsection (a), the Secretary shall--
(1) coordinate with the United States Geological Survey, the
National Oceanic and Atmospheric Administration, the program,
and each appropriate State water resource agency, to ensure that
the Secretary has access to the best available scientific
information with respect to presently observed and projected
future impacts of global climate change on water resources;
(2) <<NOTE: Assessment.>> assess specific risks to the
water supply of each major reclamation river basin, including
any risk relating to--
(A) a change in snowpack;
(B) changes in the timing and quantity of runoff;
(C) changes in groundwater recharge and discharge;
and
(D) any increase in--
(i) the demand for water as a result of
increasing temperatures; and
(ii) the rate of reservoir evaporation;
(3) <<NOTE: Analysis.>> with respect to each major
reclamation river basin, analyze the extent to which changes in
the water supply of the United States will impact--
(A) the ability of the Secretary to deliver water to
the contractors of the Secretary;
(B) hydroelectric power generation facilities;
(C) recreation at reclamation facilities;
(D) fish and wildlife habitat;
(E) applicable species listed as an endangered,
threatened, or candidate species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
(F) water quality issues (including salinity levels
of each major reclamation river basin);
(G) flow and water dependent ecological resiliency;
and
(H) flood control management;
(4) <<NOTE: Strategies.>> in consultation with appropriate
non-Federal participants, consider and develop appropriate
strategies to mitigate each impact of water supply changes
analyzed by the Secretary under paragraph (3), including
strategies relating to--
(A) the modification of any reservoir storage or
operating guideline in existence as of the date of
enactment of this Act;
(B) the development of new water management,
operating, or habitat restoration plans;
(C) water conservation;
[[Page 123 STAT. 1333]]
(D) improved hydrologic models and other decision
support systems; and
(E) groundwater and surface water storage needs; and
(5) <<NOTE: Monitoring plan.>> in consultation with the
Director, the Administrator, the Secretary of Agriculture
(acting through the Chief of the Natural Resources Conservation
Service), and applicable State water resource agencies, develop
a monitoring plan to acquire and maintain water resources data--
(A) to strengthen the understanding of water supply
trends; and
(B) to assist in each assessment and analysis
conducted by the Secretary under paragraphs (2) and (3).
(c) Reporting.--Not later than 2 years after the date of enactment
of this Act, and every 5 years thereafter, the Secretary shall submit to
the appropriate committees of Congress a report that describes--
(1) each effect of, and risk resulting from, global climate
change with respect to the quantity of water resources located
in each major reclamation river basin;
(2) the impact of global climate change with respect to the
operations of the Secretary in each major reclamation river
basin;
(3) each mitigation and adaptation strategy considered and
implemented by the Secretary to address each effect of global
climate change described in paragraph (1);
(4) each coordination activity conducted by the Secretary
with--
(A) the Director;
(B) the Administrator;
(C) the Secretary of Agriculture (acting through the
Chief of the Natural Resources Conservation Service); or
(D) any appropriate State water resource agency; and
(5) the implementation by the Secretary of the monitoring
plan developed under subsection (b)(5).
(d) Feasibility Studies.--
(1) Authority of secretary.--The Secretary, in cooperation
with any non-Federal participant, may conduct 1 or more studies
to determine the feasibility and impact on ecological resiliency
of implementing each mitigation and adaptation strategy
described in subsection (c)(3), including the construction of
any water supply, water management, environmental, or habitat
enhancement water infrastructure that the Secretary determines
to be necessary to address the effects of global climate change
on water resources located in each major reclamation river
basin.
(2) Cost sharing.--
(A) Federal share.--
(i) In general.--Except as provided in clause
(ii), the Federal share of the cost of a study
described in paragraph (1) shall not exceed 50
percent of the cost of the study.
(ii) Exception relating to financial
hardship.--The Secretary may increase the Federal
share of the cost of a study described in
paragraph (1) to exceed 50 percent of the cost of
the study if the Secretary determines that, due to
a financial hardship, the non-Federal participant
of the study is unable to
[[Page 123 STAT. 1334]]
contribute an amount equal to 50 percent of the
cost of the study.
(B) Non-federal share.--The non-Federal share of the
cost of a study described in paragraph (1) may be
provided in the form of any in-kind services that
substantially contribute toward the completion of the
study, as determined by the Secretary.
(e) No Effect on Existing Authority.--Nothing in this section amends
or otherwise affects any existing authority under reclamation laws that
govern the operation of any Federal reclamation project.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2009 through 2023, to remain available until
expended.
SEC. 9504. <<NOTE: 42 USC 10364.>> WATER MANAGEMENT IMPROVEMENT.
(a) Authorization of Grants and Cooperative Agreements.--
(1) Authority of secretary.--The Secretary may provide any
grant to, or enter into an agreement with, any eligible
applicant to assist the eligible applicant in planning,
designing, or constructing any improvement--
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(D) to enhance water management, including
increasing the use of renewable energy in the management
and delivery of water;
(E) to accelerate the adoption and use of advanced
water treatment technologies to increase water supply;
(F) to prevent the decline of species that the
United States Fish and Wildlife Service and National
Marine Fisheries Service have proposed for listing under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) (or candidate species that are being considered by
those agencies for such listing but are not yet the
subject of a proposed rule);
(G) to accelerate the recovery of threatened
species, endangered species, and designated critical
habitats that are adversely affected by Federal
reclamation projects or are subject to a recovery plan
or conservation plan under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) under which the
Commissioner of Reclamation has implementation
responsibilities; or
(H) to carry out any other activity--
(i) to address any climate-related impact to
the water supply of the United States that
increases ecological resiliency to the impacts of
climate change; or
(ii) to prevent any water-related crisis or
conflict at any watershed that has a nexus to a
Federal reclamation project located in a service
area.
(2) Application.--To be eligible to receive a grant, or
enter into an agreement with the Secretary under paragraph (1),
an eligible applicant shall--
[[Page 123 STAT. 1335]]
(A) be located within the States and areas referred
to in the first section of the Act of June 17, 1902 (43
U.S.C. 391); and
(B) submit to the Secretary an application that
includes a proposal of the improvement or activity to be
planned, designed, constructed, or implemented by the
eligible applicant.
(3) Requirements of grants and cooperative agreements.--
(A) Compliance with requirements.--Each grant and
agreement entered into by the Secretary with any
eligible applicant under paragraph (1) shall be in
compliance with each requirement described in
subparagraphs (B) through (F).
(B) Agricultural operations.--In carrying out
paragraph (1), the Secretary shall not provide a grant,
or enter into an agreement, for an improvement to
conserve irrigation water unless the eligible applicant
agrees not--
(i) to use any associated water savings to
increase the total irrigated acreage of the
eligible applicant; or
(ii) to otherwise increase the consumptive use
of water in the operation of the eligible
applicant, as determined pursuant to the law of
the State in which the operation of the eligible
applicant is located.
(C) Nonreimbursable funds.--Any funds provided by
the Secretary to an eligible applicant through a grant
or agreement under paragraph (1) shall be
nonreimbursable.
(D) Title to improvements.--If an infrastructure
improvement to a federally owned facility is the subject
of a grant or other agreement entered into between the
Secretary and an eligible applicant under paragraph (1),
the Federal Government shall continue to hold title to
the facility and improvements to the facility.
(E) Cost sharing.--
(i) Federal share.--The Federal share of the
cost of any infrastructure improvement or activity
that is the subject of a grant or other agreement
entered into between the Secretary and an eligible
applicant under paragraph (1) shall not exceed 50
percent of the cost of the infrastructure
improvement or activity.
(ii) Calculation of non-federal share.--In
calculating the non-Federal share of the cost of
an infrastructure improvement or activity proposed
by an eligible applicant through an application
submitted by the eligible applicant under
paragraph (2), the Secretary shall--
(I) consider the value of any in-
kind services that substantially
contributes toward the completion of the
improvement or activity, as determined
by the Secretary; and
(II) not consider any other amount
that the eligible applicant receives
from a Federal agency.
(iii) Maximum amount.--The amount provided to
an eligible applicant through a grant or other
agreement under paragraph (1) shall be not more
than $5,000,000.
[[Page 123 STAT. 1336]]
(iv) Operation and maintenance costs.--The
non-Federal share of the cost of operating and
maintaining any infrastructure improvement that is
the subject of a grant or other agreement entered
into between the Secretary and an eligible
applicant under paragraph (1) shall be 100
percent.
(F) Liability.--
(i) In general.--Except as provided under
chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims
Act''), the United States shall not be liable for
monetary damages of any kind for any injury
arising out of an act, omission, or occurrence
that arises in relation to any facility created or
improved under this section, the title of which is
not held by the United States.
(ii) Tort claims act.--Nothing in this section
increases the liability of the United States
beyond that provided in chapter 171 of title 28,
United States Code (commonly known as the
``Federal Tort Claims Act'').
(b) Research Agreements.--
(1) Authority of secretary.--The Secretary may enter into 1
or more agreements with any university, nonprofit research
institution, or organization with water or power delivery
authority to fund any research activity that is designed--
(A) to conserve water resources;
(B) to increase the efficiency of the use of water
resources; or
(C) to enhance the management of water resources,
including increasing the use of renewable energy in the
management and delivery of water.
(2) Terms and conditions of secretary.--
(A) In general.--An agreement entered into between
the Secretary and any university, institution, or
organization described in paragraph (1) shall be subject
to such terms and conditions as the Secretary determines
to be appropriate.
(B) Availability.--The agreements under this
subsection shall be available to all Reclamation
projects and programs that may benefit from project-
specific or programmatic cooperative research and
development.
(c) Mutual Benefit.--Grants or other agreements made under this
section may be for the mutual benefit of the United States and the
entity that is provided the grant or enters into the cooperative
agreement.
(d) Relationship to Project-Specific Authority.--This section shall
not supersede any existing project-specific funding authority.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000, to remain available
until expended.
SEC. 9505. <<NOTE: 42 USC 10365.>> HYDROELECTRIC POWER
ASSESSMENT.
(a) Duty of Secretary of Energy.--The Secretary of Energy, in
consultation with the Administrator of each Federal Power Marketing
Administration, shall assess each effect of, and risk resulting from,
global climate change with respect to water supplies that
[[Page 123 STAT. 1337]]
are required for the generation of hydroelectric power at each Federal
water project that is applicable to a Federal Power Marketing
Administration.
(b) <<NOTE: Consultation.>> Access to Appropriate Data.--
(1) In general.--In carrying out each assessment under
subsection (a), the Secretary of Energy shall consult with the
United States Geological Survey, the National Oceanic and
Atmospheric Administration, the program, and each appropriate
State water resource agency, to ensure that the Secretary of
Energy has access to the best available scientific information
with respect to presently observed impacts and projected future
impacts of global climate change on water supplies that are used
to produce hydroelectric power.
(2) Access to data for certain assessments.--In carrying out
each assessment under subsection (a), with respect to the
Bonneville Power Administration and the Western Area Power
Administration, the Secretary of Energy shall consult with the
Commissioner to access data and other information that--
(A) is collected by the Commissioner; and
(B) the Secretary of Energy determines to be
necessary for the conduct of the assessment.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, and every 5 years thereafter, the Secretary of Energy shall
submit to the appropriate committees of Congress a report that
describes--
(1) each effect of, and risk resulting from, global climate
change with respect to--
(A) water supplies used for hydroelectric power
generation; and
(B) power supplies marketed by each Federal Power
Marketing Administration, pursuant to--
(i) long-term power contracts;
(ii) contingent capacity contracts; and
(iii) short-term sales; and
(2) each recommendation of the Administrator of each Federal
Power Marketing Administration relating to any change in any
operation or contracting practice of each Federal Power
Marketing Administration to address each effect and risk
described in paragraph (1), including the use of purchased power
to meet long-term commitments of each Federal Power Marketing
Administration.
(d) Authority.--The Secretary of Energy may enter into contracts,
grants, or other agreements with appropriate entities to carry out this
section.
(e) Costs.--
(1) Nonreimbursable.--Any costs incurred by the Secretary of
Energy in carrying out this section shall be nonreimbursable.
(2) PMA costs.--Each Federal Power Marketing Administration
shall incur costs in carrying out this section only to the
extent that appropriated funds are provided by the Secretary of
Energy for that purpose.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2009 through 2023, to remain available until
expended.
[[Page 123 STAT. 1338]]
SEC. 9506. <<NOTE: 42 USC 10366.>> CLIMATE CHANGE AND WATER
INTRAGOVERNMENTAL PANEL.
(a) Establishment.--The Secretary and the Administrator shall
establish and lead a climate change and water intragovernmental panel--
(1) to review the current scientific understanding of each
impact of global climate change on the quantity and quality of
freshwater resources of the United States; and
(2) to develop any strategy that the panel determines to be
necessary to improve observational capabilities, expand data
acquisition, or take other actions--
(A) to increase the reliability and accuracy of
modeling and prediction systems to benefit water
managers at the Federal, State, and local levels; and
(B) to increase the understanding of the impacts of
climate change on aquatic ecosystems.
(b) Membership.--The panel shall be comprised of--
(1) the Secretary;
(2) the Director;
(3) the Administrator;
(4) the Secretary of Agriculture (acting through the Under
Secretary for Natural Resources and Environment);
(5) the Commissioner;
(6) the Secretary of the Army, acting through the Chief of
Engineers;
(7) the Administrator of the Environmental Protection
Agency; and
(8) the Secretary of Energy.
(c) <<NOTE: Consultation.>> Review Elements.--In conducting the
review and developing the strategy under subsection (a), the panel shall
consult with State water resource agencies, the Advisory Committee,
drinking water utilities, water research organizations, and relevant
water user, environmental, and other nongovernmental organizations--
(1) to assess the extent to which the conduct of measures of
streamflow, groundwater levels, soil moisture,
evapotranspiration rates, evaporation rates, snowpack levels,
precipitation amounts, flood risk, and glacier mass is necessary
to improve the understanding of the Federal Government and the
States with respect to each impact of global climate change on
water resources;
(2) to identify data gaps in current water monitoring
networks that must be addressed to improve the capability of the
Federal Government and the States to measure, analyze, and
predict changes to the quality and quantity of water resources,
including flood risks, that are directly or indirectly affected
by global climate change;
(3) <<NOTE: Procedures. Standards.>> to establish data
management and communication protocols and standards to increase
the quality and efficiency by which each Federal agency acquires
and reports relevant data;
(4) to consider options for the establishment of a data
portal to enhance access to water resource data--
(A) relating to each nationally significant
freshwater watershed and aquifer located in the United
States; and
(B) that is collected by each Federal agency and any
other public or private entity for each nationally
significant
[[Page 123 STAT. 1339]]
freshwater watershed and aquifer located in the United
States;
(5) to facilitate the development of hydrologic and other
models to integrate data that reflects groundwater and surface
water interactions; and
(6) to apply the hydrologic and other models developed under
paragraph (5) to water resource management problems identified
by the panel, including the need to maintain or improve
ecological resiliency at watershed and aquifer system scales.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the appropriate committees of
Congress a report that describes the review conducted, and the strategy
developed, by the panel under subsection (a).
(e) Demonstration, Research, and Methodology Development Projects.--
(1) Authority of secretary.--The Secretary, in consultation
with the panel and the Advisory Committee, may provide grants
to, or enter into any contract, cooperative agreement,
interagency agreement, or other transaction with, an appropriate
entity to carry out any demonstration, research, or methodology
development project that the Secretary determines to be
necessary to assist in the implementation of the strategy
developed by the panel under subsection (a)(2).
(2) Requirements.--
(A) Maximum amount of federal share.--The Federal
share of the cost of any demonstration, research, or
methodology development project that is the subject of
any grant, contract, cooperative agreement, interagency
agreement, or other transaction entered into between the
Secretary and an appropriate entity under paragraph (1)
shall not exceed $1,000,000.
(B) Report.--An appropriate entity that receives
funds from a grant, contract, cooperative agreement,
interagency agreement, or other transaction entered into
between the Secretary and the appropriate entity under
paragraph (1) shall submit to the Secretary a report
describing the results of the demonstration, research,
or methodology development project conducted by the
appropriate entity.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a) through (d) $2,000,000 for each of
fiscal years 2009 through 2011, to remain available until
expended.
(2) Demonstration, research, and methodology development
projects.--There is authorized to be appropriated to carry out
subsection (e) $10,000,000 for the period of fiscal years 2009
through 2013, to remain available until expended.
SEC. 9507. <<NOTE: 42 USC 10367.>> WATER DATA ENHANCEMENT BY
UNITED STATES GEOLOGICAL SURVEY.
(a) National Streamflow Information Program.--
(1) In general.--The Secretary, in consultation with the
Advisory Committee and the Panel and consistent with this
section, shall proceed with implementation of the national
[[Page 123 STAT. 1340]]
streamflow information program, as reviewed by the National
Research Council in 2004.
(2) Requirements.--In conducting the national streamflow
information program, the Secretary shall--
(A) measure streamflow and related environmental
variables in nationally significant watersheds--
(i) in a reliable and continuous manner; and
(ii) to develop a comprehensive source of
information on which public and private decisions
relating to the management of water resources may
be based;
(B) provide for a better understanding of hydrologic
extremes (including floods and droughts) through the
conduct of intensive data collection activities during
and following hydrologic extremes;
(C) <<NOTE: Base network.>> establish a base
network that provides resources that are necessary for--
(i) the monitoring of long-term changes in
streamflow; and
(ii) the conduct of assessments to determine
the extent to which each long-term change
monitored under clause (i) is related to global
climate change;
(D) integrate the national streamflow information
program with data collection activities of Federal
agencies and appropriate State water resource agencies
(including the National Integrated Drought Information
System)--
(i) to enhance the comprehensive understanding
of water availability;
(ii) to improve flood-hazard assessments;
(iii) to identify any data gap with respect to
water resources; and
(iv) to improve hydrologic forecasting; and
(E) incorporate principles of adaptive management in
the conduct of periodic reviews of information collected
under the national streamflow information program to
assess whether the objectives of the national streamflow
information program are being adequately addressed.
(3) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis
and delivery of data; and
(B) investigate, develop, and implement new
methodologies and technologies to estimate or measure
streamflow in a more cost-efficient manner.
(4) Network enhancement.--
(A) <<NOTE: Deadline.>> In general.--Not later than
10 years after the date of enactment of this Act, in
accordance with subparagraph (B), the Secretary shall--
(i) increase the number of streamgages funded
by the national streamflow information program to
a quantity of not less than 4,700 sites; and
(ii) ensure all streamgages are flood-hardened
and equipped with water-quality sensors and
modernized telemetry.
(B) Requirements of sites.--Each site described in
subparagraph (A) shall conform with the National
Streamflow Information Program plan as reviewed by the
National Research Council.
[[Page 123 STAT. 1341]]
(5) Federal share.--The Federal share of the national
streamgaging network established pursuant to this subsection
shall be 100 percent of the cost of carrying out the national
streamgaging network.
(6) Authorization of appropriations.--
(A) In general.--Except as provided in subparagraph
(B), there are authorized to be appropriated such sums
as are necessary to operate the national streamflow
information program for the period of fiscal years 2009
through 2023, to remain available until expended.
(B) Network enhancement funding.--There is
authorized to be appropriated to carry out the network
enhancements described in paragraph (4) $10,000,000 for
each of fiscal years 2009 through 2019, to remain
available until expended.
(b) National Groundwater Resources Monitoring.--
(1) In general.--The Secretary shall develop a systematic
groundwater monitoring program for each major aquifer system
located in the United States.
(2) Program elements.--In developing the monitoring program
described in paragraph (1), the Secretary shall--
(A) <<NOTE: Criteria.>> establish appropriate
criteria for monitoring wells to ensure the acquisition
of long-term, high-quality data sets, including, to the
maximum extent possible, the inclusion of real-time
instrumentation and reporting;
(B) in coordination with the Advisory Committee and
State and local water resource agencies--
(i) <<NOTE: Assessment.>> assess the current
scope of groundwater monitoring based on the
access availability and capability of each
monitoring well in existence as of the date of
enactment of this Act; and
(ii) <<NOTE: Monitoring plan.>> develop and
carry out a monitoring plan that maximizes
coverage for each major aquifer system that is
located in the United States; and
(C) <<NOTE: Consultation.>> prior to initiating any
specific monitoring activities within a State after the
date of enactment of this Act, consult and coordinate
with the applicable State water resource agency with
jurisdiction over the aquifer that is the subject of the
monitoring activities, and comply with all applicable
laws (including regulations) of the State.
(3) Program objectives.--In carrying out the monitoring
program described in paragraph (1), the Secretary shall--
(A) provide data that is necessary for the
improvement of understanding with respect to surface
water and groundwater interactions;
(B) by expanding the network of monitoring wells to
reach each climate division, support the groundwater
climate response network to improve the understanding of
the effects of global climate change on groundwater
recharge and availability; and
(C) support the objectives of the assessment
program.
(4) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis
and delivery of data; and
[[Page 123 STAT. 1342]]
(B) investigate, develop, and implement new
methodologies and technologies to estimate or measure
groundwater recharge, discharge, and storage in a more
cost-efficient manner.
(5) Federal share.--The Federal share of the monitoring
program described in paragraph (1) may be 100 percent of the
cost of carrying out the monitoring program.
(6) Priority.--In selecting monitoring activities consistent
with the monitoring program described in paragraph (1), the
Secretary shall give priority to those activities for which a
State or local governmental entity agrees to provide for a
substantial share of the cost of establishing or operating a
monitoring well or other measuring device to carry out a
monitoring activity.
(7) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection for the period of fiscal years 2009 through 2023, to
remain available until expended.
(c) Brackish Groundwater Assessment.--
(1) Study.--The Secretary, in consultation with State and
local water resource agencies, shall conduct a study of
available data and other relevant information--
(A) to identify significant brackish groundwater
resources located in the United States; and
(B) to consolidate any available data relating to
each groundwater resource identified under subparagraph
(A).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that includes--
(A) a description of each--
(i) significant brackish aquifer that is
located in the United States (including 1 or more
maps of each significant brackish aquifer that is
located in the United States);
(ii) data gap that is required to be addressed
to fully characterize each brackish aquifer
described in clause (i); and
(iii) current use of brackish groundwater that
is supplied by each brackish aquifer described in
clause (i); and
(B) a summary of the information available as of the
date of enactment of this Act with respect to each
brackish aquifer described in subparagraph (A)(i)
(including the known level of total dissolved solids in
each brackish aquifer).
(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $3,000,000 for the
period of fiscal years 2009 through 2011, to remain available
until expended.
(d) Improved Water Estimation, Measurement, and Monitoring
Technologies.--
(1) Authority of secretary.--The Secretary may provide
grants on a nonreimbursable basis to appropriate entities with
expertise in water resource data acquisition and reporting,
including Federal agencies, the Water Resources Research
Institutes and other academic institutions, and private
entities, to--
[[Page 123 STAT. 1343]]
(A) investigate, develop, and implement new
methodologies and technologies to estimate or measure
water resources data in a cost-efficient manner; and
(B) improve methodologies relating to the analysis
and delivery of data.
(2) Priority.--In providing grants to appropriate entities
under paragraph (1), the Secretary shall give priority to
appropriate entities that propose the development of new methods
and technologies for--
(A) predicting and measuring streamflows;
(B) estimating changes in the storage of
groundwater;
(C) improving data standards and methods of analysis
(including the validation of data entered into
geographic information system databases);
(D) measuring precipitation and potential
evapotranspiration; and
(E) water withdrawals, return flows, and consumptive
use.
(3) Partnerships.--In recognition of the value of
collaboration to foster innovation and enhance research and
development efforts, the Secretary shall encourage partnerships,
including public-private partnerships, between and among Federal
agencies, academic institutions, and private entities to promote
the objectives described in paragraph (1).
(4) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $5,000,000 for each
of fiscal years 2009 through 2019.
SEC. 9508. <<NOTE: 42 USC 10368.>> NATIONAL WATER AVAILABILITY
AND USE ASSESSMENT PROGRAM.
(a) Establishment.--The Secretary, in coordination with the Advisory
Committee and State and local water resource agencies, shall establish a
national assessment program to be known as the ``national water
availability and use assessment program''--
(1) to provide a more accurate assessment of the status of
the water resources of the United States;
(2) to assist in the determination of the quantity of water
that is available for beneficial uses;
(3) to assist in the determination of the quality of the
water resources of the United States;
(4) to identify long-term trends in water availability;
(5) to use each long-term trend described in paragraph (4)
to provide a more accurate assessment of the change in the
availability of water in the United States; and
(6) to develop the basis for an improved ability to forecast
the availability of water for future economic, energy
production, and environmental uses.
(b) Program Elements.--
(1) Water use.--In carrying out the assessment program, the
Secretary shall conduct any appropriate activity to carry out an
ongoing assessment of water use in hydrologic accounting units
and major aquifer systems located in the United States,
including--
(A) the maintenance of a comprehensive national
water use inventory to enhance the level of
understanding with respect to the effects of spatial and
temporal patterns of
[[Page 123 STAT. 1344]]
water use on the availability and sustainable use of
water resources;
(B) the incorporation of water use science
principles, with an emphasis on applied research and
statistical estimation techniques in the assessment of
water use;
(C) the integration of any dataset maintained by any
other Federal or State agency into the dataset
maintained by the Secretary; and
(D) a focus on the scientific integration of any
data relating to water use, water flow, or water quality
to generate relevant information relating to the impact
of human activity on water and ecological resources.
(2) <<NOTE: Assessment.>> Water availability.--In carrying
out the assessment program, the Secretary shall conduct an
ongoing assessment of water availability by--
(A) developing and evaluating nationally consistent
indicators that reflect each status and trend relating
to the availability of water resources in the United
States, including--
(i) surface water indicators, such as
streamflow and surface water storage measures
(including lakes, reservoirs, perennial
snowfields, and glaciers);
(ii) groundwater indicators, including
groundwater level measurements and changes in
groundwater levels due to--
(I) natural recharge;
(II) withdrawals;
(III) saltwater intrusion;
(IV) mine dewatering;
(V) land drainage;
(VI) artificial recharge; and
(VII) other relevant factors, as
determined by the Secretary; and
(iii) impaired surface water and groundwater
supplies that are known, accessible, and used to
meet ongoing water demands;
(B) maintaining a national database of water
availability data that--
(i) is comprised of maps, reports, and other
forms of interpreted data;
(ii) provides electronic access to the
archived data of the national database; and
(iii) provides for real-time data collection;
and
(C) developing and applying predictive modeling
tools that integrate groundwater, surface water, and
ecological systems.
(c) Grant Program.--
(1) Authority of secretary.--The Secretary may provide
grants to State water resource agencies to assist State water
resource agencies in--
(A) developing water use and availability datasets
that are integrated with each appropriate dataset
developed or maintained by the Secretary; or
(B) integrating any water use or water availability
dataset of the State water resource agency into each
appropriate dataset developed or maintained by the
Secretary.
[[Page 123 STAT. 1345]]
(2) Criteria.--To be eligible to receive a grant under
paragraph (1), a State water resource agency shall demonstrate
to the Secretary that the water use and availability dataset
proposed to be established or integrated by the State water
resource agency--
(A) is in compliance with each quality and
conformity standard established by the Secretary to
ensure that the data will be capable of integration with
any national dataset; and
(B) will enhance the ability of the officials of the
State or the State water resource agency to carry out
each water management and regulatory responsibility of
the officials of the State in accordance with each
applicable law of the State.
(3) Maximum amount.--The amount of a grant provided to a
State water resource agency under paragraph (1) shall be an
amount not more than $250,000.
(d) Report.--Not later than December 31, 2012, and every 5 years
thereafter, the Secretary shall submit to the appropriate committees of
Congress a report that provides a detailed assessment of--
(1) the current availability of water resources in the
United States, including--
(A) historic trends and annual updates of river
basin inflows and outflows;
(B) surface water storage;
(C) groundwater reserves; and
(D) estimates of undeveloped potential resources
(including saline and brackish water and wastewater);
(2) significant trends affecting water availability,
including each documented or projected impact to the
availability of water as a result of global climate change;
(3) the withdrawal and use of surface water and groundwater
by various sectors, including--
(A) the agricultural sector;
(B) municipalities;
(C) the industrial sector;
(D) thermoelectric power generators; and
(E) hydroelectric power generators;
(4) significant trends relating to each water use sector,
including significant changes in water use due to the
development of new energy supplies;
(5) significant water use conflicts or shortages that have
occurred or are occurring; and
(6) each factor that has caused, or is causing, a conflict
or shortage described in paragraph (5).
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a), (b), and (d) $20,000,000 for each of
fiscal years 2009 through 2023, to remain available until
expended.
(2) Grant program.--There is authorized to be appropriated
to carry out subsection (c) $12,500,000 for the period of fiscal
years 2009 through 2013, to remain available until expended.
[[Page 123 STAT. 1346]]
SEC. 9509. <<NOTE: 42 USC 10369.>> RESEARCH AGREEMENT AUTHORITY.
The Secretary may enter into contracts, grants, or cooperative
agreements, for periods not to exceed 5 years, to carry out research
within the Bureau of Reclamation.
SEC. 9510. <<NOTE: 42 USC 10370.>> EFFECT.
(a) In General.--Nothing in this subtitle supersedes or limits any
existing authority provided, or responsibility conferred, by any
provision of law.
(b) Effect on State Water Law.--
(1) In general.--Nothing in this subtitle preempts or
affects any--
(A) State water law; or
(B) interstate compact governing water.
(2) Compliance required.--The Secretary shall comply with
applicable State water laws in carrying out this subtitle.
Subtitle G--Aging Infrastructure
SEC. 9601 <<NOTE: 43 USC 510.>> DEFINITIONS.
In this subtitle:
(1) Inspection.--The term ``inspection'' means an inspection
of a project facility carried out by the Secretary--
(A) to assess and determine the general condition of
the project facility; and
(B) to estimate the value of property, and the size
of the population, that would be at risk if the project
facility fails, is breached, or otherwise allows
flooding to occur.
(2) Project facility.--The term ``project facility'' means
any part or incidental feature of a project, excluding high- and
significant-hazard dams, constructed under the Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter
1093), and Acts supplemental to and amendatory of that Act (43
U.S.C. 371 et seq.).
(3) Reserved works.--The term ``reserved works'' mean any
project facility at which the Secretary carries out the
operation and maintenance of the project facility.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of Reclamation.
(5) Transferred works.--The term ``transferred works'' means
a project facility, the operation and maintenance of which is
carried out by a non-Federal entity, under the provisions of a
formal operation and maintenance transfer contract.
(6) Transferred works operating entity.--The term
``transferred works operating entity'' means the organization
which is contractually responsible for operation and maintenance
of transferred works.
(7) Extraordinary operation and maintenance work.--The term
``extraordinary operation and maintenance work'' means major,
nonrecurring maintenance to Reclamation-owned or operated
facilities, or facility components, that is--
(A) intended to ensure the continued safe,
dependable, and reliable delivery of authorized project
benefits; and
[[Page 123 STAT. 1347]]
(B) greater than 10 percent of the contractor's or
the transferred works operating entity's annual
operation and maintenance budget for the facility, or
greater than $100,000.
SEC. 9602. <<NOTE: 43 USC 510a.>> GUIDELINES AND INSPECTION OF
PROJECT FACILITIES AND TECHNICAL
ASSISTANCE TO TRANSFERRED WORKS
OPERATING ENTITIES.
(a) <<NOTE: Deadlines.>> Guidelines and Inspections.--
(1) Development of guidelines.--Not later than 1 year after
the date of enactment of this Act, the Secretary in consultation
with transferred works operating entities shall develop,
consistent with existing transfer contracts, specific inspection
guidelines for project facilities which are in proximity to
urbanized areas and which could pose a risk to public safety or
property damage if such project facilities were to fail.
(2) Conduct of inspections.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall conduct
inspections of those project facilities, which are in proximity
to urbanized areas and which could pose a risk to public safety
or property damage if such facilities were to fail, using such
specific inspection guidelines and criteria developed pursuant
to paragraph (1). In selecting project facilities to inspect,
the Secretary shall take into account the potential magnitude of
public safety and economic damage posed by each project
facility.
(3) Treatment of costs.--The costs incurred by the Secretary
in conducting these inspections shall be nonreimbursable.
(b) Use of Inspection Data.--The Secretary shall use the data
collected through the conduct of the inspections under subsection (a)(2)
to--
(1) <<NOTE: Recommen- dations.>> provide recommendations to
the transferred works operating entities for improvement of
operation and maintenance processes, operating procedures
including operation guidelines consistent with existing transfer
contracts, and structural modifications to those transferred
works;
(2) <<NOTE: Determination.>> determine an appropriate
inspection frequency for such nondam project facilities which
shall not exceed 6 years; and
(3) provide, upon request of transferred work operating
entities, local governments, or State agencies, information
regarding potential hazards posed by existing or proposed
residential, commercial, industrial or public-use development
adjacent to project facilities.
(c) Technical Assistance to Transferred Works Operating Entities.--
(1) Authority of secretary to provide technical
assistance.--The Secretary is authorized, at the request of a
transferred works operating entity in proximity to an urbanized
area, to provide technical assistance to accomplish the
following, if consistent with existing transfer contracts:
(A) Development of documented operating procedures
for a project facility.
(B) Development of documented emergency notification
and response procedures for a project facility.
(C) Development of facility inspection criteria for
a project facility.
[[Page 123 STAT. 1348]]
(D) Development of a training program on operation
and maintenance requirements and practices for a project
facility for a transferred works operating entity's
workforce.
(E) Development of a public outreach plan on the
operation and risks associated with a project facility.
(F) Development of any other plans or documentation
which, in the judgment of the Secretary, will contribute
to public safety and the sage operation of a project
facility.
(2) Costs.--The Secretary is authorized to provide, on a
non-reimbursable basis, up to 50 percent of the cost of such
technical assistance, with the balance of such costs being
advanced by the transferred works operating entity or other non-
Federal source. The non-Federal 50 percent minimum cost share
for such technical assistance may be in the form of in-lieu
contributions of resources by the transferred works operating
entity or other non-Federal source.
SEC. 9603. <<NOTE: 43 USC 510b.>> EXTRAORDINARY OPERATION AND
MAINTENANCE WORK PERFORMED BY THE
SECRETARY.
(a) In General.--The Secretary or the transferred works operating
entity may carry out, in accordance with subsection (b) and consistent
with existing transfer contracts, any extraordinary operation and
maintenance work on a project facility that the Secretary determines to
be reasonably required to preserve the structural safety of the project
facility.
(b) Reimbursement of Costs Arising From Extraordinary Operation and
Maintenance Work.--
(1) Treatment of costs.--For reserved works, costs incurred
by the Secretary in conducting extraordinary operation and
maintenance work will be allocated to the authorized
reimbursable purposes of the project and shall be repaid within
50 years, with interest, from the year in which work undertaken
pursuant to this subtitle is substantially complete.
(2) Authority of secretary.--For transferred works, the
Secretary is authorized to advance the costs incurred by the
transferred works operating entity in conducting extraordinary
operation and maintenance work and negotiate appropriate 50-year
repayment contracts with project beneficiaries providing for the
return of reimbursable costs, with interest, under this
subsection: <<NOTE: Contracts.>> Provided, however, That no
contract entered into pursuant to this subtitle shall be deemed
to be a new or amended contract for the purposes of section
203(a) of the Reclamation Reform Act of 1982 (43 U.S.C.
390cc(a)).
(3) Determination of interest rate.--The interest rate used
for computing interest on work in progress and interest on the
unpaid balance of the reimbursable costs of extraordinary
operation and maintenance work authorized by this subtitle shall
be determined by the Secretary of the Treasury, as of the
beginning of the fiscal year in which extraordinary operation
and maintenance work is commenced, on the basis of average
market yields on outstanding marketable obligations of the
United States with the remaining periods of maturity comparable
to the applicable reimbursement period of the project, adjusted
to the nearest \1/8\ of 1 percent on the unamortized balance of
any portion of the loan.
(c) Emergency Extraordinary Operation and Maintenance Work.--
[[Page 123 STAT. 1349]]
(1) In general.--The Secretary or the transferred works
operating entity shall carry out any emergency extraordinary
operation and maintenance work on a project facility that the
Secretary determines to be necessary to minimize the risk of
imminent harm to public health or safety, or property.
(2) Reimbursement.--The Secretary may advance funds for
emergency extraordinary operation and maintenance work and shall
seek reimbursement from the transferred works operating entity
or benefitting entity upon receiving a written assurance from
the governing body of such entity that it will negotiate a
contract pursuant to section 9603 for repayment of costs
incurred by the Secretary in undertaking such work.
(3) Funding.--If the Secretary determines that a project
facility inspected and maintained pursuant to the guidelines and
criteria set forth in section 9602(a) requires extraordinary
operation and maintenance pursuant to paragraph (1), the
Secretary may provide Federal funds on a nonreimbursable basis
sufficient to cover 35 percent of the cost of the extraordinary
operation and maintenance allocable to the transferred works
operating entity, which is needed to minimize the risk of
imminent harm. The remaining share of the Federal funds advanced
by the Secretary for such work shall be repaid under subsection
(b).
SEC. 9604. <<NOTE: 43 USC 510c.>> RELATIONSHIP TO TWENTY-FIRST
CENTURY WATER WORKS ACT.
Nothing in this subtitle shall preclude a transferred works
operating entity from applying and receiving a loan-guarantee pursuant
to the Twenty-First Century Water Works Act (43 U.S.C. 2401 et seq.).
SEC. 9605. <<NOTE: 43 USC 510d.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
TITLE X--WATER SETTLEMENTS
Subtitle <<NOTE: California.>> A--San Joaquin River Restoration
Settlement
PART <<NOTE: San Joaquin River Restoration Settlement Act.>> I--SAN
JOAQUIN RIVER RESTORATION SETTLEMENT ACT
SEC. 10001. SHORT TITLE.
This part may be cited as the ``San Joaquin River Restoration
Settlement Act''.
SEC. 10002. PURPOSE.
The purpose of this part is to authorize implementation of the
Settlement.
SEC. 10003. DEFINITIONS.
In this part:
(1) The terms ``Friant Division long-term contractors'',
``Interim Flows'', ``Restoration Flows'', ``Recovered Water
[[Page 123 STAT. 1350]]
Account'', ``Restoration Goal'', and ``Water Management Goal''
have the meanings given the terms in the Settlement.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Settlement'' means the Stipulation of
Settlement dated September 13, 2006, in the litigation entitled
Natural Resources Defense Council, et al. v. Kirk Rodgers, et
al., United States District Court, Eastern District of
California, No. CIV. S-88-1658-LKK/GGH.
SEC. 10004. IMPLEMENTATION OF SETTLEMENT.
(a) In General.--The Secretary of the Interior is hereby authorized
and directed to implement the terms and conditions of the Settlement in
cooperation with the State of California, including the following
measures as these measures are prescribed in the Settlement:
(1) <<NOTE: Memorandum.>> Design and construct channel and
structural improvements as described in paragraph 11 of the
Settlement, provided, however, that the Secretary shall not make
or fund any such improvements to facilities or property of the
State of California without the approval of the State of
California and the State's agreement in 1 or more memoranda of
understanding to participate where appropriate.
(2) Modify Friant Dam operations so as to provide
Restoration Flows and Interim Flows.
(3) Acquire water, water rights, or options to acquire water
as described in paragraph 13 of the Settlement, provided,
however, such acquisitions shall only be made from willing
sellers and not through eminent domain.
(4) Implement the terms and conditions of paragraph 16 of
the Settlement related to recirculation, recapture, reuse,
exchange, or transfer of water released for Restoration Flows or
Interim Flows, for the purpose of accomplishing the Water
Management Goal of the Settlement, subject to--
(A) applicable provisions of California water law;
(B) the Secretary's use of Central Valley Project
facilities to make Project water (other than water
released from Friant Dam pursuant to the Settlement) and
water acquired through transfers available to existing
south-of-Delta Central Valley Project contractors; and
(C) the Secretary's performance of the Agreement of
November 24, 1986, between the United States of America
and the Department of Water Resources of the State of
California for the coordinated operation of the Central
Valley Project and the State Water Project as authorized
by Congress in section 2(d) of the Act of August 26,
1937 (50 Stat. 850, 100 Stat. 3051), including any
agreement to resolve conflicts arising from said
Agreement.
(5) Develop and implement the Recovered Water Account as
specified in paragraph 16(b) of the Settlement, including the
pricing and payment crediting provisions described in paragraph
16(b)(3) of the Settlement, provided that all other provisions
of Federal reclamation law shall remain applicable.
(b) Agreements.--
(1) Agreements with the state.--In order to facilitate or
expedite implementation of the Settlement, the Secretary
[[Page 123 STAT. 1351]]
is authorized and directed to enter into appropriate agreements,
including cost-sharing agreements, with the State of California.
(2) Other agreements.--The Secretary is authorized to enter
into contracts, memoranda of understanding, financial assistance
agreements, cost sharing agreements, and other appropriate
agreements with State, tribal, and local governmental agencies,
and with private parties, including agreements related to
construction, improvement, and operation and maintenance of
facilities, subject to any terms and conditions that the
Secretary deems necessary to achieve the purposes of the
Settlement.
(c) Acceptance and Expenditure of Non-Federal Funds.--The Secretary
is authorized to accept and expend non-Federal funds in order to
facilitate implementation of the Settlement.
(d) Mitigation of Impacts.--Prior to the implementation of decisions
or agreements to construct, improve, operate, or maintain facilities
that the Secretary determines are needed to implement the Settlement,
the Secretary shall identify--
(1) the impacts associated with such actions; and
(2) the measures which shall be implemented to mitigate
impacts on adjacent and downstream water users and landowners.
(e) Design and Engineering Studies.--The Secretary is authorized to
conduct any design or engineering studies that are necessary to
implement the Settlement.
(f) Effect on Contract Water Allocations.--Except as otherwise
provided in this section, the implementation of the Settlement and the
reintroduction of California Central Valley Spring Run Chinook salmon
pursuant to the Settlement and section 10011, shall not result in the
involuntary reduction in contract water allocations to Central Valley
Project long-term contractors, other than Friant Division long-term
contractors.
(g) Effect on Existing Water Contracts.--Except as provided in the
Settlement and this part, nothing in this part shall modify or amend the
rights and obligations of the parties to any existing water service,
repayment, purchase, or exchange contract.
(h) Interim Flows.--
(1) <<NOTE: Analysis.>> Study required.--Prior to releasing
any Interim Flows under the Settlement, the Secretary shall
prepare an analysis in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
including at a minimum--
(A) an analysis of channel conveyance capacities and
potential for levee or groundwater seepage;
(B) a description of the associated seepage
monitoring program;
(C) an evaluation of--
(i) possible impacts associated with the
release of Interim Flows; and
(ii) mitigation measures for those impacts
that are determined to be significant;
(D) a description of the associated flow monitoring
program; and
(E) an analysis of the likely Federal costs, if any,
of any fish screens, fish bypass facilities, fish
salvage facilities, and related operations on the San
Joaquin River south of the confluence with the Merced
River required under
[[Page 123 STAT. 1352]]
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) as a result of the Interim Flows.
(2) Conditions for release.--The Secretary is authorized to
release Interim Flows to the extent that such flows would not--
(A) impede or delay completion of the measures
specified in Paragraph 11(a) of the Settlement; or
(B) exceed existing downstream channel capacities.
(3) Seepage impacts.--The Secretary shall reduce Interim
Flows to the extent necessary to address any material adverse
impacts to third parties from groundwater seepage caused by such
flows that the Secretary identifies based on the monitoring
program of the Secretary.
(4) <<NOTE: Evaluation.>> Temporary fish barrier program.--
The Secretary, in consultation with the California Department of
Fish and Game, shall evaluate the effectiveness of the Hills
Ferry barrier in preventing the unintended upstream migration of
anadromous fish in the San Joaquin River and any false migratory
pathways. If that evaluation determines that any such migration
past the barrier is caused by the introduction of the Interim
Flows and that the presence of such fish will result in the
imposition of additional regulatory actions against third
parties, the Secretary is authorized to assist the Department of
Fish and Game in making improvements to the barrier. From
funding made available in accordance with section 10009, if
third parties along the San Joaquin River south of its
confluence with the Merced River are required to install fish
screens or fish bypass facilities due to the release of Interim
Flows in order to comply with the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), the Secretary shall bear the costs of
the installation of such screens or facilities if such costs
would be borne by the Federal Government under section
10009(a)(3), except to the extent that such costs are already or
are further willingly borne by the State of California or by the
third parties.
(i) Funding Availability.--
(1) <<NOTE: Deadline.>> In general.--Funds shall be
collected in the San Joaquin River Restoration Fund through
October 1, 2019, and thereafter, with substantial amounts
available through October 1, 2019, pursuant to section 10009 for
implementation of the Settlement and parts I and III,
including--
(A) $88,000,000, to be available without further
appropriation pursuant to section 10009(c)(2);
(B) additional amounts authorized to be
appropriated, including the charges required under
section 10007 and an estimated $20,000,000 from the CVP
Restoration Fund pursuant to section 10009(b)(2); and
(C) an aggregate commitment of at least $200,000,000
by the State of California.
(2) Additional amounts.--Substantial additional amounts from
the San Joaquin River Restoration Fund shall become available
without further appropriation after October 1, 2019, pursuant to
section 10009(c)(2).
(3) Effect of subsection.--Nothing in this subsection limits
the availability of funds authorized for appropriation pursuant
to section 10009(b) or 10203(c).
[[Page 123 STAT. 1353]]
(j) San Joaquin River Exchange Contract.--Subject to section
10006(b), nothing in this part shall modify or amend the rights and
obligations under the Purchase Contract between Miller and Lux and the
United States and the Second Amended Exchange Contract between the
United States, Department of the Interior, Bureau of Reclamation and
Central California Irrigation District, San Luis Canal Company,
Firebaugh Canal Water District and Columbia Canal Company.
SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO
FACILITIES.
(a) Title to Facilities.--Unless acquired pursuant to subsection
(b), title to any facility or facilities, stream channel, levees, or
other real property modified or improved in the course of implementing
the Settlement authorized by this part, and title to any modifications
or improvements of such facility or facilities, stream channel, levees,
or other real property--
(1) shall remain in the owner of the property; and
(2) shall not be transferred to the United States on account
of such modifications or improvements.
(b) Acquisition of Property.--
(1) In general.--The Secretary is authorized to acquire
through purchase from willing sellers any property, interests in
property, or options to acquire real property needed to
implement the Settlement authorized by this part.
(2) Applicable law.--The Secretary is authorized, but not
required, to exercise all of the authorities provided in section
2 of the Act of August 26, 1937 (50 Stat. 844, chapter 832), to
carry out the measures authorized in this section and section
10004.
(c) Disposal of Property.--
(1) In general.--Upon the Secretary's determination that
retention of title to property or interests in property acquired
pursuant to this part is no longer needed to be held by the
United States for the furtherance of the Settlement, the
Secretary is authorized to dispose of such property or interest
in property on such terms and conditions as the Secretary deems
appropriate and in the best interest of the United States,
including possible transfer of such property to the State of
California.
(2) <<NOTE: Determination.>> Right of first refusal.--In
the event the Secretary determines that property acquired
pursuant to this part through the exercise of its eminent domain
authority is no longer necessary for implementation of the
Settlement, the Secretary shall provide a right of first refusal
to the property owner from whom the property was initially
acquired, or his or her successor in interest, on the same terms
and conditions as the property is being offered to other
parties.
(3) Disposition of proceeds.--Proceeds from the disposal by
sale or transfer of any such property or interests in such
property shall be deposited in the fund established by section
10009(c).
(d) Groundwater Bank.--Nothing in this part authorizes the Secretary
to operate a groundwater bank along or adjacent to the San Joaquin River
upstream of the confluence with the Merced River, and any such
groundwater bank shall be operated by a non-Federal entity.
[[Page 123 STAT. 1354]]
SEC. 10006. COMPLIANCE WITH APPLICABLE LAW.
(a) Applicable Law.--
(1) In general.--In undertaking the measures authorized by
this part, the Secretary and the Secretary of Commerce shall
comply with all applicable Federal and State laws, rules, and
regulations, including the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), as necessary.
(2) Environmental reviews.--The Secretary and the Secretary
of Commerce are authorized and directed to initiate and
expeditiously complete applicable environmental reviews and
consultations as may be necessary to effectuate the purposes of
the Settlement.
(b) Effect on State Law.--Nothing in this part shall preempt State
law or modify any existing obligation of the United States under Federal
reclamation law to operate the Central Valley Project in conformity with
State law.
(c) Use of Funds for Environmental Reviews.--
(1) Definition of environmental review.--For purposes of
this subsection, the term ``environmental review'' includes any
consultation and planning necessary to comply with subsection
(a).
(2) Participation in environmental review process.--In
undertaking <<NOTE: Determination.>> the measures authorized by
section 10004, and for which environmental review is required,
the Secretary may provide funds made available under this part
to affected Federal agencies, State agencies, local agencies,
and Indian tribes if the Secretary determines that such funds
are necessary to allow the Federal agencies, State agencies,
local agencies, or Indian tribes to effectively participate in
the environmental review process.
(3) Limitation.--Funds may be provided under paragraph (2)
only to support activities that directly contribute to the
implementation of the terms and conditions of the Settlement.
(d) Nonreimbursable Funds.--The United States' share of the costs of
implementing this part shall be nonreimbursable under Federal
reclamation law, provided that nothing in this subsection shall limit or
be construed to limit the use of the funds assessed and collected
pursuant to sections 3406(c)(1) and 3407(d)(2) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law 102-575;
106 Stat. 4721, 4727), for implementation of the Settlement, nor shall
it be construed to limit or modify existing or future Central Valley
Project ratesetting policies.
SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT
ACT.
Congress hereby finds and declares that the Settlement satisfies and
discharges all of the obligations of the Secretary contained in section
3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act
of 1992 (Public Law 102-575; 106 Stat. 4721), provided, however, that--
(1) <<NOTE: Assessment. Collections.>> the Secretary shall
continue to assess and collect the charges provided in section
3406(c)(1) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721), as
provided in the Settlement; and
[[Page 123 STAT. 1355]]
(2) those assessments and collections shall continue to be
counted toward the requirements of the Secretary contained in
section 3407(c)(2) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4726).
SEC. 10008. NO PRIVATE RIGHT OF ACTION.
(a) In General.--Nothing in this part confers upon any person or
entity not a party to the Settlement a private right of action or claim
for relief to interpret or enforce the provisions of this part or the
Settlement.
(b) Applicable Law.--This section shall not alter or curtail any
right of action or claim for relief under any other applicable law.
SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND.
(a) Implementation Costs.--
(1) In general.--The costs of implementing the Settlement
shall be covered by payments or in-kind contributions made by
Friant Division contractors and other non-Federal parties,
including the funds provided in subparagraphs (A) through (D) of
subsection (c)(1), estimated to total $440,000,000, of which the
non-Federal payments are estimated to total $200,000,000 (at
October 2006 price levels) and the amount from repaid Central
Valley Project capital obligations is estimated to total
$240,000,000, the additional Federal appropriation of
$250,000,000 authorized pursuant to subsection (b)(1), and such
additional funds authorized pursuant to subsection (b)(2);
provided however, that the costs of implementing the provisions
of section 10004(a)(1) shall be shared by the State of
California pursuant to the terms of a memorandum of
understanding executed by the State of California and the
Parties to the Settlement on September 13, 2006, which includes
at least $110,000,000 of State funds.
(2) Additional agreements.--
(A) In general.--The Secretary shall enter into 1 or
more agreements to fund or implement improvements on a
project-by-project basis with the State of California.
(B) Requirements.--Any agreements entered into under
subparagraph (A) shall provide for recognition of either
monetary or in-kind contributions toward the State of
California's share of the cost of implementing the
provisions of section 10004(a)(1).
(3) Limitation.--Except as provided in the Settlement, to
the extent that costs incurred solely to implement this
Settlement would not otherwise have been incurred by any entity
or public or local agency or subdivision of the State of
California, such costs shall not be borne by any such entity,
agency, or subdivision of the State of California, unless such
costs are incurred on a voluntary basis.
(b) Authorization of Appropriations.--
(1) In general.--In addition to the funding provided in
subsection (c), there are also authorized to be appropriated not
to exceed $250,000,000 (at October 2006 price levels) to
implement this part and the Settlement, to be available until
expended; provided however, that the Secretary is authorized to
spend such additional appropriations only in amounts equal to
the amount of funds deposited in the San Joaquin River
[[Page 123 STAT. 1356]]
Restoration Fund (not including payments under subsection
(c)(1)(B) and proceeds under subsection (c)(1)(C)), the amount
of in-kind contributions, and other non-Federal payments
actually committed to the implementation of this part or the
Settlement.
(2) Use of the central valley project restoration fund.--The
Secretary is authorized to use monies from the Central Valley
Project Restoration Fund created under section 3407 of the
Reclamation Projects Authorization and Adjustment Act of 1992
(Public Law 102-575; 106 Stat. 4727) for purposes of this part
in an amount not to exceed $2,000,000 (October 2006 price
levels) in any fiscal year.
(c) Fund.--
(1) In general.--There is hereby established within the
Treasury of the United States a fund, to be known as the San
Joaquin River Restoration Fund, into which the following funds
shall be deposited and used solely for the purpose of
implementing the Settlement except as otherwise provided in
subsections (a) and (b) of section 10203:
(A) All payments received pursuant to section
3406(c)(1) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat.
4721).
(B) The construction cost component (not otherwise
needed to cover operation and maintenance costs) of
payments made by Friant Division, Hidden Unit, and
Buchanan Unit long-term contractors pursuant to long-
term water service contracts or pursuant to repayment
contracts, including repayment contracts executed
pursuant to section 10010. The construction cost
repayment obligation assigned such contractors under
such contracts shall be reduced by the amount paid
pursuant to this paragraph and the appropriate share of
the existing Federal investment in the Central Valley
Project to be recovered by the Secretary pursuant to
Public Law 99-546 (100 Stat. 3050) shall be reduced by
an equivalent sum.
(C) Proceeds from the sale of water pursuant to the
Settlement, or from the sale of property or interests in
property as provided in section 10005.
(D) Any non-Federal funds, including State cost-
sharing funds, contributed to the United States for
implementation of the Settlement, which the Secretary
may expend without further appropriation for the
purposes for which contributed.
(2) Availability.--All funds deposited into the Fund
pursuant to subparagraphs (A), (B), and (C) of paragraph (1) are
authorized for appropriation to implement the Settlement and
this part, in addition to the authorization provided in
subsections (a) and (b) of section 10203, except that
$88,000,000 of such funds are available for expenditure without
further appropriation; provided <<NOTE: Effective date.>> that
after October 1, 2019, all funds in the Fund shall be available
for expenditure without further appropriation.
(d) Limitation on Contributions.--Payments made by long-term
contractors who receive water from the Friant Division and Hidden and
Buchanan Units of the Central Valley Project pursuant to sections
3406(c)(1) and 3407(d)(2) of the Reclamation Projects
[[Page 123 STAT. 1357]]
Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat.
4721, 4727) and payments made pursuant to paragraph 16(b)(3) of the
Settlement and subsection (c)(1)(B) shall be the limitation of such
entities' direct financial contribution to the Settlement, subject to
the terms and conditions of paragraph 21 of the Settlement.
(e) No Additional Expenditures Required.--Nothing in this part shall
be construed to require a Federal official to expend Federal funds not
appropriated by Congress, or to seek the appropriation of additional
funds by Congress, for the implementation of the Settlement.
(f) Reach 4B.--
(1) Study.--
(A) In general.--In accordance with the Settlement
and the memorandum of understanding executed pursuant to
paragraph 6 of the Settlement, the Secretary shall
conduct a study that specifies--
(i) the costs of undertaking any work required
under paragraph 11(a)(3) of the Settlement to
increase the capacity of reach 4B prior to
reinitiation of Restoration Flows;
(ii) the impacts associated with reinitiation
of such flows; and
(iii) measures that shall be implemented to
mitigate impacts.
(B) Deadline.--The study under subparagraph (A)
shall be completed prior to restoration of any flows
other than Interim Flows.
(2) Report.--
(A) In general.--The Secretary shall file a report
with Congress not later than 90 days after issuing a
determination, as required by the Settlement, on whether
to expand channel conveyance capacity to 4500 cubic feet
per second in reach 4B of the San Joaquin River, or use
an alternative route for pulse flows, that--
(i) explains whether the Secretary has decided
to expand Reach 4B capacity to 4500 cubic feet per
second; and
(ii) addresses the following matters:
(I) The basis for the Secretary's
determination, whether set out in
environmental review documents or
otherwise, as to whether the expansion
of Reach 4B would be the preferable
means to achieve the Restoration Goal as
provided in the Settlement, including
how different factors were assessed such
as comparative biological and habitat
benefits, comparative costs, relative
availability of State cost-sharing
funds, and the comparative benefits and
impacts on water temperature, water
supply, private property, and local and
downstream flood control.
(II) The Secretary's final cost
estimate for expanding Reach 4B capacity
to 4500 cubic feet per second, or any
alternative route selected, as well as
the alternative cost estimates provided
by the State, by the Restoration
Administrator, and by the other parties
to the Settlement.
[[Page 123 STAT. 1358]]
(III) The Secretary's plan for
funding the costs of expanding Reach 4B
or any alternative route selected,
whether by existing Federal funds
provided under this subtitle, by non-
Federal funds, by future Federal
appropriations, or some combination of
such sources.
(B) Determination required.--The Secretary shall, to
the extent feasible, make the determination in
subparagraph (A) prior to undertaking any substantial
construction work to increase capacity in reach 4B.
(3) Costs.--If the Secretary's estimated Federal cost for
expanding reach 4B in paragraph (2), in light of the Secretary's
funding plan set out in that paragraph, would exceed the
remaining Federal funding authorized by this part (including all
funds reallocated, all funds dedicated, and all new funds
authorized by this part and separate from all commitments of
State and other non-Federal funds and in-kind commitments), then
before the Secretary commences actual construction work in reach
4B (other than planning, design, feasibility, or other
preliminary measures) to expand capacity to 4500 cubic feet per
second to implement this Settlement, Congress must have
increased the applicable authorization ceiling provided by this
part in an amount at least sufficient to cover the higher
estimated Federal costs.
SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF
CONSTRUCTION COSTS.
(a) <<NOTE: Deadlines.>> Conversion of Contracts.--
(1) The Secretary is authorized and directed to convert,
prior to December 31, 2010, all existing long-term contracts
with the following Friant Division, Hidden Unit, and Buchanan
Unit contractors, entered under subsection (e) of section 9 of
the Act of August 4, 1939 (53 Stat. 1196), to contracts under
subsection (d) of section 9 of said Act (53 Stat. 1195), under
mutually agreeable terms and conditions: Arvin-Edison Water
Storage District; Delano-Earlimart Irrigation District; Exeter
Irrigation District; Fresno Irrigation District; Ivanhoe
Irrigation District; Lindmore Irrigation District; Lindsay-
Strathmore Irrigation District; Lower Tule River Irrigation
District; Orange Cove Irrigation District; Porterville
Irrigation District; Saucelito Irrigation District; Shafter-
Wasco Irrigation District; Southern San Joaquin Municipal
Utility District; Stone Corral Irrigation District; Tea Pot Dome
Water District; Terra Bella Irrigation District; Tulare
Irrigation District; Madera Irrigation District; and Chowchilla
Water District. Upon request of the contractor, the Secretary is
authorized to convert, prior to December 31, 2010, other
existing long-term contracts with Friant Division contractors
entered under subsection (e) of section 9 of the Act of August
4, 1939 (53 Stat. 1196), to contracts under subsection (d) of
section 9 of said Act (53 Stat. 1195), under mutually agreeable
terms and conditions.
(2) Upon request of the contractor, the Secretary is further
authorized to convert, prior to December 31, 2010, any existing
Friant Division long-term contract entered under subsection
(c)(2) of section 9 of the Act of August 4, 1939 (53 Stat.
1194), to a contract under subsection (c)(1) of section 9 of
said Act, under mutually agreeable terms and conditions.
[[Page 123 STAT. 1359]]
(3) All such contracts entered into pursuant to paragraph
(1) shall--
(A) require the repayment, either in lump sum or by
accelerated prepayment, of the remaining amount of
construction costs identified in the Central Valley
Project Schedule of Irrigation Capital Rates by
Contractor 2007 Irrigation Water Rates, dated January
25, 2007, as adjusted to reflect payments not reflected
in such schedule, and properly assignable for ultimate
return by the contractor, no later than January 31,
2011, or if made in approximately equal annual
installments, no later than January 31, 2014; such
amount to be discounted by \1/2\ the Treasury
Rate. <<NOTE: Cost estimate.>> An estimate of the
remaining amount of construction costs as of January 31,
2011, as adjusted, shall be provided by the Secretary to
each contractor no later than June 30, 2010;
(B) require that, notwithstanding subsection (c)(2),
construction costs or other capitalized costs incurred
after the effective date of the contract or not
reflected in the schedule referenced in subparagraph
(A), and properly assignable to such contractor, shall
be repaid in not more than 5 years after notification of
the allocation if such amount is a result of a
collective annual allocation of capital costs to the
contractors exercising contract conversions under this
subsection of less than $5,000,000. If such amount is
$5,000,000 or greater, such cost shall be repaid as
provided by applicable Reclamation law, provided that
the reference to the amount of $5,000,000 shall not be a
precedent in any other context;
(C) provide that power revenues will not be
available to aid in repayment of construction costs
allocated to irrigation under the contract; and
(D) conform to the Settlement and this part and
shall continue so long as the contractor pays applicable
charges, consistent with subsection (c)(2) and
applicable law.
(4) All such contracts entered into pursuant to paragraph
(2) shall--
(A) require the repayment in lump sum of the
remaining amount of construction costs identified in the
most current version of the Central Valley Project
Schedule of Municipal and Industrial Water Rates, as
adjusted to reflect payments not reflected in such
schedule, and properly assignable for ultimate return by
the contractor, no later than January 31,
2014. <<NOTE: Cost estimate.>> An estimate of the
remaining amount of construction costs as of January 31,
2014, as adjusted, shall be provided by the Secretary to
each contractor no later than June 30, 2013;
(B) require that, notwithstanding subsection (c)(2),
construction costs or other capitalized costs incurred
after the effective date of the contract or not
reflected in the schedule referenced in subparagraph
(A), and properly assignable to such contractor, shall
be repaid in not more than 5 years after notification of
the allocation if such amount is a result of a
collective annual allocation of capital costs to the
contractors exercising contract conversions under this
subsection of less than $5,000,000. If such amount is
$5,000,000 or greater, such cost shall be repaid
[[Page 123 STAT. 1360]]
as provided by applicable Reclamation law, provided that
the reference to the amount of $5,000,000 shall not be a
precedent in any other context; and
(C) conform to the Settlement and this part and
shall continue so long as the contractor pays applicable
charges, consistent with subsection (c)(2) and
applicable law.
(b) Final Adjustment.--The amounts paid pursuant to subsection (a)
shall be subject to adjustment following a final cost allocation by the
Secretary upon completion of the construction of the Central Valley
Project. In the event that the final cost allocation indicates that the
costs properly assignable to the contractor are greater than what has
been paid by the contractor, the contractor shall be obligated to pay
the remaining allocated costs. The term of such additional repayment
contract shall be no less than 1 year and no more than 10 years,
however, mutually agreeable provisions regarding the rate of repayment
of such amount may be developed by the parties. In the event that the
final cost allocation indicates that the costs properly assignable to
the contractor are less than what the contractor has paid, the Secretary
is authorized and directed to credit such overpayment as an offset
against any outstanding or future obligation of the contractor.
(c) Applicability of Certain Provisions.--
(1) Notwithstanding any repayment obligation under
subsection (a)(3)(B) or subsection (b), upon a contractor's
compliance with and discharge of the obligation of repayment of
the construction costs as provided in subsection (a)(3)(A), the
provisions of section 213(a) and (b) of the Reclamation Reform
Act of 1982 (96 Stat. 1269) shall apply to lands in such
district.
(2) <<NOTE: Waiver. Payments.>> Notwithstanding any
repayment obligation under paragraph (3)(B) or (4)(B) of
subsection (a), or subsection (b), upon a contractor's
compliance with and discharge of the obligation of repayment of
the construction costs as provided in paragraphs (3)(A) and
(4)(A) of subsection (a), the Secretary shall waive the pricing
provisions of section 3405(d) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575)
for such contractor, provided that such contractor shall
continue to pay applicable operation and maintenance costs and
other charges applicable to such repayment contracts pursuant to
the then-current rate-setting policy and applicable law.
(3) Provisions of the Settlement applying to Friant
Division, Hidden Unit, and Buchanan Unit long-term water service
contracts shall also apply to contracts executed pursuant to
this section.
(d) Reduction of Charge for Those Contracts Converted Pursuant to
Subsection (a)(1).--
(1) At the time all payments by the contractor required by
subsection (a)(3)(A) have been completed, the Secretary shall
reduce the charge mandated in section 10007(1) of this part,
from 2020 through 2039, to offset the financing costs as defined
in section 10010(d)(3). The reduction shall be calculated at the
time all payments by the contractor required by subsection
(a)(3)(A) have been completed. The calculation shall remain
fixed from 2020 through 2039 and shall be based upon anticipated
average annual water deliveries, as mutually agreed upon by the
Secretary and the contractor, for the period from
[[Page 123 STAT. 1361]]
2020 through 2039, and the amounts of such reductions shall be
discounted using the Treasury Rate; provided, that such charge
shall not be reduced to less than $4.00 per acre foot of project
water delivered; <<NOTE: Deadline. Determination.>> provided
further, that such reduction shall be implemented annually
unless the Secretary determines, based on the availability of
other monies, that the charges mandated in section 10007(1) are
otherwise needed to cover ongoing federal costs of the
Settlement, including any federal operation and maintenance
costs of facilities that the Secretary determines are needed to
implement the Settlement. If the Secretary determines that such
charges are necessary to cover such ongoing federal costs, the
Secretary shall, instead of making the reduction in such
charges, reduce the contractor's operation and maintenance
obligation by an equivalent amount, and such amount shall not be
recovered by the United States from any Central Valley Project
contractor, provided nothing herein shall affect the obligation
of the contractor to make payments pursuant to a transfer
agreement with a non-federal operating entity.
(2) <<NOTE: Effective date.>> If the calculated reduction
in paragraph (1), taking into consideration the minimum amount
required, does not result in the contractor offsetting its
financing costs, the Secretary is authorized and directed to
reduce, after October 1, 2019, any outstanding or future
obligations of the contractor to the Bureau of Reclamation,
other than the charge assessed and collected under section
3407(d) of Public law 102-575, by the amount of such deficiency,
with such amount indexed to 2020 using the Treasury Rate and
such amount shall not be recovered by the United States from any
Central Valley Project contractor, provided nothing herein shall
affect the obligation of the contractor to make payments
pursuant to a transfer agreement with a non-Federal operating
entity.
(3) Financing costs, for the purposes of this subsection,
shall be computed as the difference of the net present value of
the construction cost identified in subsection (a)(3)(A) using
the full Treasury Rate as compared to using one half of the
Treasury Rate and applying those rates against a calculated
average annual capital repayment through 2030.
(4) <<NOTE: Effective date.>> Effective in 2040, the charge
shall revert to the amount called for in section 10007(1) of
this part.
(5) <<NOTE: Effective date.>> For purposes of this section,
``Treasury Rate'' shall be defined as the 20 year Constant
Maturity Treasury (CMT) rate published by the United States
Department of the Treasury as of October 1, 2010.
(e) Satisfaction of Certain Provisions.--
(1) <<NOTE: Deadlines. Notice.>> In general.--Upon the
first release of Interim Flows or Restoration Flows, pursuant to
paragraphs 13 or 15 of the Settlement, any short- or long-term
agreement, to which 1 or more long-term Friant Division, Hidden
Unit, or Buchanan Unit contractor that converts its contract
pursuant to subsection (a) is a party, providing for the
transfer or exchange of water not released as Interim Flows or
Restoration Flows shall be deemed to satisfy the provisions of
subsection 3405(a)(1)(A) and (I) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575)
without the further concurrence of the Secretary as to
compliance with said subsections if the contractor provides, not
later than 90
[[Page 123 STAT. 1362]]
days before commencement of any such transfer or exchange for a
period in excess of 1 year, and not later than 30 days before
commencement of any proposed transfer or exchange with duration
of less than 1 year, written notice to the Secretary stating how
the proposed transfer or exchange is intended to reduce, avoid,
or mitigate impacts to water deliveries caused by the Interim
Flows or Restoration Flows or is intended to otherwise
facilitate the Water Management Goal, as described in the
Settlement. <<NOTE: Public information.>> The Secretary shall
promptly make such notice publicly available.
(2) Determination of reductions to water deliveries.--Water
transferred or exchanged under an agreement that meets the terms
of this subsection shall not be counted as a replacement or an
offset for purposes of determining reductions to water
deliveries to any Friant Division long-term contractor except as
provided in paragraph 16(b) of the Settlement. The
Secretary <<NOTE: Deadline. Public information.>> shall, at
least annually, make publicly available a compilation of the
number of transfer or exchange agreements exercising the
provisions of this subsection to reduce, avoid, or mitigate
impacts to water deliveries caused by the Interim Flows or
Restoration Flows or to facilitate the Water Management Goal, as
well as the volume of water transferred or exchanged under such
agreements.
(3) State law.--Nothing in this subsection alters State law
or permit conditions, including any applicable geographical
restrictions on the place of use of water transferred or
exchanged pursuant to this subsection.
(f) Certain Repayment Obligations Not Altered.--Implementation of
the provisions of this section shall not alter the repayment obligation
of any other long-term water service or repayment contractor receiving
water from the Central Valley Project, or shift any costs that would
otherwise have been properly assignable to the Friant contractors absent
this section, including operations and maintenance costs, construction
costs, or other capitalized costs incurred after the date of enactment
of this Act, to other such contractors.
(g) Statutory Interpretation.--Nothing in this part shall be
construed to affect the right of any Friant Division, Hidden Unit, or
Buchanan Unit long-term contractor to use a particular type of financing
to make the payments required in paragraph (3)(A) or (4)(A) of
subsection (a).
SEC. 10011. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK SALMON.
(a) Finding.--Congress finds that the implementation of the
Settlement to resolve 18 years of contentious litigation regarding
restoration of the San Joaquin River and the reintroduction of the
California Central Valley Spring Run Chinook salmon is a unique and
unprecedented circumstance that requires clear expressions of
Congressional intent regarding how the provisions of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) are utilized to achieve the
goals of restoration of the San Joaquin River and the successful
reintroduction of California Central Valley Spring Run Chinook salmon.
(b) Reintroduction in the San Joaquin River.--California Central
Valley Spring Run Chinook salmon shall be reintroduced in the San
Joaquin River below Friant Dam pursuant to section
[[Page 123 STAT. 1363]]
10(j) of the Endangered Species Act of 1973 (16 U.S.C. 1539(j)) and the
Settlement, provided that the Secretary of Commerce finds that a permit
for the reintroduction of California Central Valley Spring Run Chinook
salmon may be issued pursuant to section 10(a)(1)(A) of the Endangered
Species Act of 1973 (16 U.S.C. 1539(a)(1)(A)).
(c) Final Rule.--
(1) Definition of third party.--For the purpose of this
subsection, the term ``third party'' means persons or entities
diverting or receiving water pursuant to applicable State and
Federal laws and shall include Central Valley Project
contractors outside of the Friant Division of the Central Valley
Project and the State Water Project.
(2) Issuance.--The Secretary of Commerce shall issue a final
rule pursuant to section 4(d) of the Endangered Species Act of
1973 (16 U.S.C. 1533(d)) governing the incidental take of
reintroduced California Central Valley Spring Run Chinook salmon
prior to the reintroduction.
(3) Required components.--The rule issued under paragraph
(2) shall provide that the reintroduction will not impose more
than de minimus: water supply reductions, additional storage
releases, or bypass flows on unwilling third parties due to such
reintroduction.
(4) Applicable law.--Nothing in this section--
(A) diminishes the statutory or regulatory
protections provided in the Endangered Species Act of
1973 for any species listed pursuant to section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533) other
than the reintroduced population of California Central
Valley Spring Run Chinook salmon, including protections
pursuant to existing biological opinions or new
biological opinions issued by the Secretary or Secretary
of Commerce; or
(B) precludes the Secretary or Secretary of Commerce
from imposing protections under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) for other species
listed pursuant to section 4 of that Act (16 U.S.C.
1533) because those protections provide incidental
benefits to such reintroduced California Central Valley
Spring Run Chinook salmon.
(d) Report.--
(1) In general.--Not later than December 31, 2024, the
Secretary of Commerce shall report to Congress on the progress
made on the reintroduction set forth in this section and the
Secretary's plans for future implementation of this section.
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) an assessment of the major challenges, if any,
to successful reintroduction;
(B) an evaluation of the effect, if any, of the
reintroduction on the existing population of California
Central Valley Spring Run Chinook salmon existing on the
Sacramento River or its tributaries; and
(C) an assessment regarding the future of the
reintroduction.
(e) FERC Projects.--
(1) In general.--With regard to California Central Valley
Spring Run Chinook salmon reintroduced pursuant to the
[[Page 123 STAT. 1364]]
Settlement, the Secretary of Commerce shall exercise its
authority under section 18 of the Federal Power Act (16 U.S.C.
811) by reserving its right to file prescriptions in proceedings
for projects licensed by the Federal Energy Regulatory
Commission on the Calaveras, Stanislaus, Tuolumne, Merced, and
San Joaquin rivers and otherwise consistent with subsection (c)
until after the expiration of the term of the Settlement,
December 31, 2025, or the expiration of the designation made
pursuant to subsection (b), whichever ends first.
(2) Effect of subsection.--Nothing in this subsection shall
preclude the Secretary of Commerce from imposing prescriptions
pursuant to section 18 of the Federal Power Act (16 U.S.C. 811)
solely for other anadromous fish species because those
prescriptions provide incidental benefits to such reintroduced
California Central Valley Spring Run Chinook salmon.
(f) Effect of Section.--Nothing in this section is intended or shall
be construed--
(1) to modify the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et seq.);
or
(2) to establish a precedent with respect to any other
application of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et seq.).
PART II--STUDY TO DEVELOP WATER PLAN; REPORT
SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT.
(a) Plan.--
(1) Grant.--To the extent that funds are made available in
advance for this purpose, the Secretary of the Interior, acting
through the Bureau of Reclamation, shall provide direct
financial assistance to the California Water Institute, located
at California State University, Fresno, California, to conduct a
study regarding the coordination and integration of sub-regional
integrated regional water management plans into a unified
Integrated Regional Water Management Plan for the subject
counties in the hydrologic basins that would address issues
related to--
(A) water quality;
(B) water supply (both surface, ground water
banking, and brackish water desalination);
(C) water conveyance;
(D) water reliability;
(E) water conservation and efficient use (by
distribution systems and by end users);
(F) flood control;
(G) water resource-related environmental
enhancement; and
(H) population growth.
(2) Study area.--The study area referred to in paragraph (1)
is the proposed study area of the San Joaquin River Hydrologic
Region and Tulare Lake Hydrologic Region, as defined by
California Department of Water Resources Bulletin 160-05, volume
3, chapters 7 and 8, including Kern, Tulare, Kings,
[[Page 123 STAT. 1365]]
Fresno, Madera, Merced, Stanislaus, and San Joaquin counties in
California.
(b) Use of Plan.--The Integrated Regional Water Management Plan
developed for the 2 hydrologic basins under subsection (a) shall serve
as a guide for the counties in the study area described in subsection
(a)(2) to use as a mechanism to address and solve long-term water needs
in a sustainable and equitable manner.
(c) Report.--The Secretary shall ensure that a report containing the
results of the Integrated Regional Water Management Plan for the
hydrologic regions is submitted to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the
House of Representatives not later than 24 months after financial
assistance is made available to the California Water Institute under
subsection (a)(1).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 to remain available
until expended.
PART III--FRIANT DIVISION IMPROVEMENTS
SEC. 10201. FEDERAL FACILITY IMPROVEMENTS.
(a) <<NOTE: Studies.>> The Secretary of the Interior (hereafter
referred to as the ``Secretary'') is authorized and directed to conduct
feasibility studies in coordination with appropriate Federal, State,
regional, and local authorities on the following improvements and
facilities in the Friant Division, Central Valley Project, California:
(1) Restoration of the capacity of the Friant-Kern Canal and
Madera Canal to such capacity as previously designed and
constructed by the Bureau of Reclamation.
(2) Reverse flow pump-back facilities on the Friant-Kern
Canal, with reverse-flow capacity of approximately 500 cubic
feet per second at the Poso and Shafter Check Structures and
approximately 300 cubic feet per second at the Woollomes Check
Structure.
(b) Upon completion of and consistent with the applicable
feasibility studies, the Secretary is authorized to construct the
improvements and facilities identified in subsection (a) in accordance
with all applicable Federal and State laws.
(c) The costs of implementing this section shall be in accordance
with section 10203, and shall be a nonreimbursable Federal expenditure.
SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS.
(a) Authorization.--The Secretary is authorized to provide financial
assistance to local agencies within the Central Valley Project,
California, for the planning, design, environmental compliance, and
construction of local facilities to bank water underground or to
recharge groundwater, and that recover such water, provided that the
project meets the criteria in subsection (b). <<NOTE: Reports. Public
information.>> The Secretary is further authorized to require that any
such local agency receiving financial assistance under the terms of this
section submit progress reports and accountings to the Secretary, as the
Secretary deems appropriate, which such reports shall be publicly
available.
(b) Criteria.--
(1) A project shall be eligible for Federal financial
assistance under subsection (a) only if all or a portion of the
project is designed to reduce, avoid, or offset the quantity of
the
[[Page 123 STAT. 1366]]
expected water supply impacts to Friant Division long-term
contractors caused by the Interim or Restoration Flows
authorized in part I of this subtitle, and such quantities have
not already been reduced, avoided, or offset by other programs
or projects.
(2) <<NOTE: Applicability.>> Federal financial assistance
shall only apply to the portion of a project that the local
agency designates as reducing, avoiding, or offsetting the
expected water supply impacts caused by the Interim or
Restoration Flows authorized in part I of this subtitle,
consistent with the methodology developed pursuant to paragraph
(3)(C).
(3) <<NOTE: Determinations.>> No Federal financial
assistance shall be provided by the Secretary under this part
for construction of a project under subsection (a) unless the
Secretary--
(A) determines that appropriate planning, design,
and environmental compliance activities associated with
such a project have been completed, and that the
Secretary has been offered the opportunity to
participate in the project at a price that is no higher
than the local agency's own costs, in order to secure
necessary storage, extraction, and conveyance rights for
water that may be needed to meet the Restoration Goal as
described in part I of this subtitle, where such project
has capacity beyond that designated for the purposes in
paragraph (2) or where it is feasible to expand such
project to allow participation by the Secretary;
(B) determines, based on information available at
the time, that the local agency has the financial
capability and willingness to fund its share of the
project's construction and all operation and maintenance
costs on an annual basis;
(C) determines that a method acceptable to the
Secretary has been developed for quantifying the
benefit, in terms of reduction, avoidance, or offset of
the water supply impacts expected to be caused by the
Interim or Restoration Flows authorized in part I of
this subtitle, that will result from the project, and
for ensuring appropriate adjustment in the recovered
water account pursuant to section 10004(a)(5); and
(D) <<NOTE: Contracts.>> has entered into a cost-
sharing agreement with the local agency which commits
the local agency to funding its share of the project's
construction costs on an annual basis.
(c) <<NOTE: Deadline. Public comment.>> Guidelines.--Within 1 year
from the date of enactment of this part, the Secretary shall develop, in
consultation with the Friant Division long-term contractors, proposed
guidelines for the application of the criteria defined in subsection
(b), and will make the proposed guidelines available for public comment.
Such guidelines may consider prioritizing the distribution of available
funds to projects that provide the broadest benefit within the affected
area and the equitable allocation of funds. Upon adoption of such
guidelines, the Secretary shall implement such assistance program,
subject to the availability of funds appropriated for such purpose.
(d) Cost Sharing.--The Federal financial assistance provided to
local agencies under subsection (a) shall not exceed--
[[Page 123 STAT. 1367]]
(1) 50 percent of the costs associated with planning,
design, and environmental compliance activities associated with
such a project; and
(2) 50 percent of the costs associated with construction of
any such project.
(e) Project Ownership.--
(1) Title to, control over, and operation of, projects
funded under subsection (a) shall remain in one or more non-
Federal local agencies. Nothing in this part authorizes the
Secretary to operate a groundwater bank along or adjacent to the
San Joaquin River upstream of the confluence with the Merced
River, and any such groundwater bank shall be operated by a non-
Federal entity. All projects funded pursuant to this subsection
shall comply with all applicable Federal and State laws,
including provisions of California water law.
(2) All operation, maintenance, and replacement and
rehabilitation costs of such projects shall be the
responsibility of the local agency. The Secretary shall not
provide funding for any operation, maintenance, or replacement
and rehabilitation costs of projects funded under subsection
(a).
SEC. 10203. AUTHORIZATION OF APPROPRIATIONS.
(a) The Secretary is authorized and directed to use monies from the
fund established under section 10009 to carry out the provisions of
section 10201(a)(1), in an amount not to exceed $35,000,000.
(b) <<NOTE: Determination.>> In addition to the funds made
available pursuant to subsection (a), the Secretary is also authorized
to expend such additional funds from the fund established under section
10009 to carry out the purposes of section 10201(a)(2), if such
facilities have not already been authorized and funded under the plan
provided for pursuant to section 10004(a)(4), in an amount not to exceed
$17,000,000, provided that the Secretary first determines that such
expenditure will not conflict with or delay his implementation of
actions required by part I of this
subtitle. <<NOTE: Notice. Publication.>> Notice of the Secretary's
determination shall be published not later than his submission of the
report to Congress required by section 10009(f)(2).
(c) In addition to funds made available in subsections (a) and (b),
there are authorized to be appropriated $50,000,000 (October 2008 price
levels) to carry out the purposes of this part which shall be non-
reimbursable.
Subtitle <<NOTE: Northwestern New Mexico Rural Water Projects
Act. Native Americans. 43 USC 371 note.>> B--Northwestern New Mexico
Rural Water Projects
SEC. 10301. SHORT TITLE.
This subtitle may be cited as the ``Northwestern New Mexico Rural
Water Projects Act''.
SEC. 10302. <<NOTE: 43 USC 407 note.>> DEFINITIONS.
In this subtitle:
(1) Aamodt adjudication.--The term ``Aamodt adjudication''
means the general stream adjudication that is the subject of the
civil action entitled ``State of New Mexico, ex rel. State
Engineer and United States of America, Pueblo de Nambe, Pueblo
de Pojoaque, Pueblo de San Ildefonso, and Pueblo de
[[Page 123 STAT. 1368]]
Tesuque v. R. Lee Aamodt, et al.'', No. 66 CV 6639 MV/LCS
(D.N.M.).
(2) Abeyta adjudication.--The term ``Abeyta adjudication''
means the general stream adjudication that is the subject of the
civil actions entitled ``State of New Mexico v. Abeyta and State
of New Mexico v. Arrellano'', Civil Nos. 7896-BB (D.N.M) and
7939-BB (D.N.M.) (consolidated).
(3) Acre-feet.--The term ``acre-feet'' means acre-feet per
year.
(4) Agreement.--The term ``Agreement'' means the agreement
among the State of New Mexico, the Nation, and the United States
setting forth a stipulated and binding agreement signed by the
State of New Mexico and the Nation on April 19, 2005.
(5) Allottee.--The term ``allottee'' means a person that
holds a beneficial real property interest in a Navajo allotment
that--
(A) is located within the Navajo Reservation or the
State of New Mexico;
(B) is held in trust by the United States; and
(C) was originally granted to an individual member
of the Nation by public land order or otherwise.
(6) Animas-la plata project.--The term ``Animas-La Plata
Project'' has the meaning given the term in section 3 of Public
Law 100-585 (102 Stat. 2973), including Ridges Basin Dam, Lake
Nighthorse, the Navajo Nation Municipal Pipeline, and any other
features or modifications made pursuant to the Colorado Ute
Settlement Act Amendments of 2000 (Public Law 106-554; 114 Stat.
2763A-258).
(7) City.--The term ``City'' means the city of Gallup, New
Mexico, or a designee of the City, with authority to provide
water to the Gallup, New Mexico service area.
(8) Colorado river compact.--The term ``Colorado River
Compact'' means the Colorado River Compact of 1922 as approved
by Congress in the Act of December 21, 1928 (45 Stat. 1057) and
by the Presidential Proclamation of June 25, 1929 (46 Stat.
3000).
(9) Colorado river system.--The term ``Colorado River
System'' has the same meaning given the term in Article II(a) of
the Colorado River Compact.
(10) Compact.--The term ``Compact'' means the Upper Colorado
River Basin Compact as consented to by the Act of April 6, 1949
(63 Stat. 31, chapter 48).
(11) Contract.--The term ``Contract'' means the contract
between the United States and the Nation setting forth certain
commitments, rights, and obligations of the United States and
the Nation, as described in paragraph 6.0 of the Agreement.
(12) Depletion.--The term ``depletion'' means the depletion
of the flow of the San Juan River stream system in the State of
New Mexico by a particular use of water (including any depletion
incident to the use) and represents the diversion from the
stream system by the use, less return flows to the stream system
from the use.
(13) Draft impact statement.--The term ``Draft Impact
Statement'' means the draft environmental impact statement
prepared by the Bureau of Reclamation for the Project dated
March 2007.
[[Page 123 STAT. 1369]]
(14) Fund.--The term ``Fund'' means the Reclamation Waters
Settlements Fund established by section 10501(a).
(15) Hydrologic determination.--The term ``hydrologic
determination'' means the hydrologic determination entitled
``Water Availability from Navajo Reservoir and the Upper
Colorado River Basin for Use in New Mexico,'' prepared by the
Bureau of Reclamation pursuant to section 11 of the Act of June
13, 1962 (Public Law 87-483; 76 Stat. 99), and dated May 23,
2007.
(16) Lower basin.--The term ``Lower Basin'' has the same
meaning given the term in Article II(g) of the Colorado River
Compact.
(17) Nation.--The term ``Nation'' means the Navajo Nation, a
body politic and federally-recognized Indian nation as provided
for in section 101(2) of the Federally Recognized Indian Tribe
List of 1994 (25 U.S.C. 497a(2)), also known variously as the
``Navajo Tribe,'' the ``Navajo Tribe of Arizona, New Mexico &
Utah,'' and the ``Navajo Tribe of Indians'' and other similar
names, and includes all bands of Navajo Indians and chapters of
the Navajo Nation.
(18) Navajo-gallup water supply project; project.--The term
``Navajo-Gallup Water Supply Project'' or ``Project'' means the
Navajo-Gallup Water Supply Project authorized under section
10602(a), as described as the preferred alternative in the Draft
Impact Statement.
(19) Navajo indian irrigation project.--The term ``Navajo
Indian Irrigation Project'' means the Navajo Indian irrigation
project authorized by section 2 of Public Law 87-483 (76 Stat.
96).
(20) Navajo reservoir.--The term ``Navajo Reservoir'' means
the reservoir created by the impoundment of the San Juan River
at Navajo Dam, as authorized by the Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project Act'')
(43 U.S.C. 620 et seq.).
(21) Navajo nation municipal pipeline; pipeline.--The term
``Navajo Nation Municipal Pipeline'' or ``Pipeline'' means the
pipeline used to convey the water of the Animas-La Plata Project
of the Navajo Nation from the City of Farmington, New Mexico, to
communities of the Navajo Nation located in close proximity to
the San Juan River Valley in the State of New Mexico (including
the City of Shiprock), as authorized by section 15(b) of the
Colorado Ute Indian Water Rights Settlement Act of 1988 (Public
Law 100-585; 102 Stat. 2973; 114 Stat. 2763A-263).
(22) Non-navajo irrigation districts.--The term ``Non-Navajo
Irrigation Districts'' means--
(A) the Hammond Conservancy District;
(B) the Bloomfield Irrigation District; and
(C) any other community ditch organization in the
San Juan River basin in the State of New Mexico.
(23) Partial final decree.--The term ``Partial Final
Decree'' means a final and binding judgment and decree entered
by a court in the stream adjudication, setting forth the rights
of the Nation to use and administer waters of the San Juan River
Basin in New Mexico, as set forth in Appendix 1 of the
Agreement.
[[Page 123 STAT. 1370]]
(24) Project participants.--The term ``Project
Participants'' means the City, the Nation, and the Jicarilla
Apache Nation.
(25) San juan river basin recovery implementation program.--
The term ``San Juan River Basin Recovery Implementation
Program'' means the intergovernmental program established
pursuant to the cooperative agreement dated October 21, 1992
(including any amendments to the program).
(26) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of Reclamation
or any other designee.
(27) Stream adjudication.--The term ``stream adjudication''
means the general stream adjudication that is the subject of New
Mexico v. United States, et al., No. 75-185 (11th Jud. Dist.,
San Juan County, New Mexico) (involving claims to waters of the
San Juan River and the tributaries of that river).
(28) Supplemental partial final decree.--The term
``Supplemental Partial Final Decree'' means a final and binding
judgment and decree entered by a court in the stream
adjudication, setting forth certain water rights of the Nation,
as set forth in Appendix 2 of the Agreement.
(29) Trust fund.--The term ``Trust Fund'' means the Navajo
Nation Water Resources Development Trust Fund established by
section 10702(a).
(30) Upper basin.--The term ``Upper Basin'' has the same
meaning given the term in Article II(f) of the Colorado River
Compact.
SEC. 10303. <<NOTE: 43 USC 407 note.>> COMPLIANCE WITH
ENVIRONMENTAL LAWS.
(a) Effect of Execution of Agreement.--The execution of the
Agreement under section 10701(a)(2) shall not constitute a major Federal
action under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(b) Compliance With Environmental Laws.--In carrying out this
subtitle, the Secretary shall comply with each law of the Federal
Government relating to the protection of the environment, including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 10304. NO REALLOCATION OF COSTS.
(a) Effect of Act.--Notwithstanding any other provision of law, the
Secretary shall not reallocate or reassign any costs of projects that
have been authorized under the Act of April 11, 1956 (commonly known as
the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.), as
of the date of enactment of this Act because of--
(1) the authorization of the Navajo-Gallup Water Supply
Project under this subtitle; or
(2) the changes in the uses of the water diverted by the
Navajo Indian Irrigation Project or the waters stored in the
Navajo Reservoir authorized under this subtitle.
(b) Use of Power Revenues.--Notwithstanding any other provision of
law, no power revenues under the Act of April 11, 1956 (commonly known
as the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.),
shall be used to pay or reimburse
[[Page 123 STAT. 1371]]
any costs of the Navajo Indian Irrigation Project or Navajo-Gallup Water
Supply Project.
SEC. 10305. INTEREST RATE.
Notwithstanding any other provision of law, the interest rate
applicable to any repayment contract entered into under section 10604
shall be equal to the discount rate for Federal water resources
planning, as determined by the Secretary.
PART I--AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND PUBLIC
LAW 87-483
SEC. 10401. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT.
(a) Participating Projects.--Paragraph (2) of the first section of
the Act of April 11, 1956 (commonly known as the ``Colorado River
Storage Project Act'') (43 U.S.C. 620(2)) is amended by inserting ``the
Navajo-Gallup Water Supply Project,'' after ``Fruitland Mesa,''.
(b) Navajo Reservoir Water Bank.--The Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project Act'') is
amended--
(1) by redesignating section 16 (43 U.S.C. 620o) as section
17; and
(2) by inserting after section 15 (43 U.S.C. 620n) the
following:
``Sec. 16. (a) <<NOTE: 43 USC 620n-1.>> The Secretary of the
Interior may create and operate within the available capacity of Navajo
Reservoir a top water bank.
``(b) Water made available for the top water bank in accordance with
subsections (c) and (d) shall not be subject to section 11 of Public Law
87-483 (76 Stat. 99).
``(c) The top water bank authorized under subsection (a) shall be
operated in a manner that--
``(1) is consistent with applicable law, except that,
notwithstanding any other provision of law, water for purposes
other than irrigation may be stored in the Navajo Reservoir
pursuant to the rules governing the top water bank established
under this section; and
``(2) does not impair the ability of the Secretary of the
Interior to deliver water under contracts entered into under--
``(A) Public Law 87-483 (76 Stat. 96); and
``(B) New Mexico State Engineer File Nos. 2847,
2848, 2849, and 2917.
``(d)(1) <<NOTE: Procedures.>> The Secretary of the Interior, in
cooperation with the State of New Mexico (acting through the Interstate
Stream Commission), shall develop any terms and procedures for the
storage, accounting, and release of water in the top water bank that are
necessary to comply with subsection (c).
``(2) The terms and procedures developed under paragraph (1) shall
include provisions requiring that--
``(A) the storage of banked water shall be subject to
approval under State law by the New Mexico State Engineer to
ensure that impairment of any existing water right does
[[Page 123 STAT. 1372]]
not occur, including storage of water under New Mexico State
Engineer File No. 2849;
``(B) water in the top water bank be subject to evaporation
and other losses during storage;
``(C) water in the top water bank be released for delivery
to the owner or assigns of the banked water on request of the
owner, subject to reasonable scheduling requirements for making
the release;
``(D) water in the top water bank be the first water spilled
or released for flood control purposes in anticipation of a
spill, on the condition that top water bank water shall not be
released or included for purposes of calculating whether a
release should occur for purposes of satisfying the flow
recommendations of the San Juan River Basin Recovery
Implementation Program; and
``(E) water eligible for banking in the top water bank shall
be water that otherwise would have been diverted and
beneficially used in New Mexico that year.
``(e) The Secretary of the Interior may charge fees to water users
that use the top water bank in amounts sufficient to cover the costs
incurred by the United States in administering the water bank.''.
SEC. 10402. AMENDMENTS TO PUBLIC LAW 87-483.
(a) Navajo Indian Irrigation Project.--Public Law 87-483 (76 Stat.
96) is amended by striking section 2 and inserting the following:
``Sec. 2. (a) <<NOTE: 43 USC 615jj.>> In accordance with the Act of
April 11, 1956 (commonly known as the `Colorado River Storage Project
Act') (43 U.S.C. 620 et seq.), the Secretary of the Interior is
authorized to construct, operate, and maintain the Navajo Indian
Irrigation Project to provide irrigation water to a service area of not
more than 110,630 acres of land.
``(b)(1) Subject to paragraph (2), the average annual diversion by
the Navajo Indian Irrigation Project from the Navajo Reservoir over any
consecutive 10-year period shall be the lesser of--
``(A) 508,000 acre-feet per year; or
``(B) the quantity of water necessary to supply an average
depletion of 270,000 acre-feet per year.
``(2) The quantity of water diverted for any 1 year shall not exceed
the average annual diversion determined under paragraph (1) by more than
15 percent.
``(c) In addition to being used for irrigation, the water diverted
by the Navajo Indian Irrigation Project under subsection (b) may be used
within the area served by Navajo Indian Irrigation Project facilities
for the following purposes:
``(1) Aquaculture purposes, including the rearing of fish in
support of the San Juan River Basin Recovery Implementation
Program authorized by Public Law 106-392 (114 Stat. 1602).
``(2) Domestic, industrial, or commercial purposes relating
to agricultural production and processing.
``(3)(A) The generation of hydroelectric power as an
incident to the diversion of water by the Navajo Indian
Irrigation Project for authorized purposes.
``(B) Notwithstanding any other provision of law--
[[Page 123 STAT. 1373]]
``(i) any hydroelectric power generated under this
paragraph shall be used or marketed by the Navajo
Nation;
``(ii) the Navajo Nation shall retain any revenues
from the sale of the hydroelectric power; and
``(iii) the United States shall have no trust
obligation to monitor, administer, or account for the
revenues received by the Navajo Nation, or the
expenditure of the revenues.
``(4) The implementation of the alternate water source
provisions described in subparagraph 9.2 of the agreement
executed under section 10701(a)(2) of the Northwestern New
Mexico Rural Water Projects Act.
``(d) The Navajo Indian Irrigation Project water diverted under
subsection (b) may be transferred to areas located within or outside the
area served by Navajo Indian Irrigation Project facilities, and within
or outside the boundaries of the Navajo Nation, for any beneficial use
in accordance with--
``(1) the agreement executed under section 10701(a)(2) of
the Northwestern New Mexico Rural Water Projects Act;
``(2) the contract executed under section 10604(a)(2)(B) of
that Act; and
``(3) any other applicable law.
``(e) The Secretary may use the capacity of the Navajo Indian
Irrigation Project works to convey water supplies for--
``(1) the Navajo-Gallup Water Supply Project under section
10602 of the Northwestern New Mexico Rural Water Projects Act;
or
``(2) other nonirrigation purposes authorized under
subsection (c) or (d).
``(f)(1) Repayment of the costs of construction of the project (as
authorized in subsection (a)) shall be in accordance with the Act of
April 11, 1956 (commonly known as the `Colorado River Storage Project
Act') (43 U.S.C. 620 et seq.), including section 4(d) of that Act.
``(2) The Secretary shall not reallocate, or require repayment of,
construction costs of the Navajo Indian Irrigation Project because of
the conveyance of water supplies for nonirrigation purposes under
subsection (e).''.
(b) Runoff Above Navajo Dam.--Section 11 of Public Law 87-483 (76
Stat. 100) <<NOTE: 43 USC 615ss.>> is amended by adding at the end the
following:
``(d)(1) <<NOTE: Determination.>> For purposes of implementing in a
year of prospective shortage the water allocation procedures established
by subsection (a), the Secretary of the Interior shall determine the
quantity of any shortages and the appropriate apportionment of water
using the normal diversion requirements on the flow of the San Juan
River originating above Navajo Dam based on the following criteria:
``(A) The quantity of diversion or water delivery for the
current year anticipated to be necessary to irrigate land in
accordance with cropping plans prepared by contractors.
``(B) The annual diversion or water delivery demands for the
current year anticipated for non-irrigation uses under water
delivery contracts, including contracts authorized by the
Northwestern New Mexico Rural Water Projects Act, but excluding
any current demand for surface water for placement into aquifer
storage for future recovery and use.
[[Page 123 STAT. 1374]]
``(C) An annual normal diversion demand of 135,000 acre-feet
for the initial stage of the San Juan-Chama Project authorized
by section 8, which shall be the amount to which any shortage is
applied.
``(2) The Secretary shall not include in the normal diversion
requirements--
``(A) the quantity of water that reliably can be anticipated
to be diverted or delivered under a contract from inflows to the
San Juan River arising below Navajo Dam under New Mexico State
Engineer File No. 3215; or
``(B) the quantity of water anticipated to be supplied
through reuse.
``(e)(1) If the Secretary determines that there is a shortage of
water under subsection (a), the Secretary shall respond to the shortage
in the Navajo Reservoir water supply by curtailing releases and
deliveries in the following order:
``(A) The demand for delivery for uses in the State of
Arizona under the Navajo-Gallup Water Supply Project authorized
by section 10603 of the Northwestern New Mexico Rural Water
Projects Act, excluding the quantity of water anticipated to be
diverted for the uses from inflows to the San Juan River that
arise below Navajo Dam in accordance with New Mexico State
Engineer File No. 3215.
``(B) The demand for delivery for uses allocated under
paragraph 8.2 of the agreement executed under section
10701(a)(2) of the Northwestern New Mexico Rural Water Projects
Act, excluding the quantity of water anticipated to be diverted
for such uses under State Engineer File No. 3215.
``(C) The uses in the State of New Mexico that are
determined under subsection (d), in accordance with the
procedure for apportioning the water supply under subsection
(a).
``(2) For any year for which the Secretary determines and responds
to a shortage in the Navajo Reservoir water supply, the Secretary shall
not deliver, and contractors of the water supply shall not divert, any
of the water supply for placement into aquifer storage for future
recovery and use.
``(3) To determine the occurrence and amount of any shortage to
contracts entered into under this section, the Secretary shall not
include as available storage any water stored in a top water bank in
Navajo Reservoir established under section 16(a) of the Act of April 11,
1956 (commonly known as the `Colorado River Storage Project Act').
``(f) The Secretary of the Interior shall apportion water under
subsections (a), (d), and (e) on an annual volume basis.
``(g) The Secretary of the Interior may revise a determination of
shortages, apportionments, or allocations of water under subsections
(a), (d), and (e) on the basis of information relating to water supply
conditions that was not available at the time at which the determination
was made.
``(h) Nothing in this section prohibits the distribution of water in
accordance with cooperative water agreements between water users
providing for a sharing of water supplies.
``(i) Diversions under New Mexico State Engineer File No. 3215 shall
be distributed, to the maximum extent water is available, in
proportionate amounts to the diversion demands of contractors and
subcontractors of the Navajo Reservoir water supply that are diverting
water below Navajo Dam.''.
[[Page 123 STAT. 1375]]
SEC. 10403. <<NOTE: 43 USC 620 note.>> EFFECT ON FEDERAL WATER
LAW.
Unless expressly provided in this subtitle, nothing in this subtitle
modifies, conflicts with, preempts, or otherwise affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Boulder Canyon Project Adjustment Act (54 Stat. 774,
chapter 643);
(3) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.);
(4) the Act of September 30, 1968 (commonly known as the
``Colorado River Basin Project Act'') (82 Stat. 885);
(5) Public Law 87-483 (76 Stat. 96);
(6) the Treaty between the United States of America and
Mexico respecting utilization of waters of the Colorado and
Tijuana Rivers and of the Rio Grande, signed at Washington
February 3, 1944 (59 Stat. 1219);
(7) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(8) the Compact;
(9) the Act of April 6, 1949 (63 Stat. 31, chapter 48);
(10) the Jicarilla Apache Tribe Water Rights Settlement Act
(106 Stat. 2237); or
(11) section 205 of the Energy and Water Development
Appropriations Act, 2005 (118 Stat. 2949).
PART II--RECLAMATION WATER SETTLEMENTS FUND
SEC. 10501. <<NOTE: 43 USC 407.>> RECLAMATION WATER SETTLEMENTS
FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Reclamation Water Settlements
Fund'', consisting of--
(1) such amounts as are deposited to the Fund under
subsection (b); and
(2) any interest earned on investment of amounts in the Fund
under subsection (d).
(b) Deposits to Fund.--
(1) In general.--For each of fiscal years 2020 through 2029,
the Secretary of the Treasury shall deposit in the Fund, if
available, $120,000,000 of the revenues that would otherwise be
deposited for the fiscal year in the fund established by the
first section of the Act of June 17, 1902 (32 Stat. 388, chapter
1093).
(2) Availability of amounts.--Amounts deposited in the Fund
under paragraph (1) shall be made available pursuant to this
section--
(A) without further appropriation; and
(B) in addition to amounts appropriated pursuant to
any authorization contained in any other provision of
law.
(c) Expenditures From Fund.--
(1) In general.--
(A) Expenditures.--Subject to subparagraph (B), for
each of fiscal years 2020 through 2034, the Secretary
may expend from the Fund an amount not to exceed
$120,000,000, plus the interest accrued in the Fund, for
the fiscal year in which expenditures are made pursuant
to paragraphs (2) and (3).
[[Page 123 STAT. 1376]]
(B) Additional expenditures.--The Secretary may
expend more than $120,000,000 for any fiscal year if
such amounts are available in the Fund due to
expenditures not reaching $120,000,000 for prior fiscal
years.
(2) Authority.--The Secretary may expend money from the Fund
to implement a settlement agreement approved by Congress that
resolves, in whole or in part, litigation involving the United
States, if the settlement agreement or implementing legislation
requires the Bureau of Reclamation to provide financial
assistance for, or plan, design, and construct--
(A) water supply infrastructure; or
(B) a project--
(i) to rehabilitate a water delivery system to
conserve water; or
(ii) to restore fish and wildlife habitat or
otherwise improve environmental conditions
associated with or affected by, or located within
the same river basin as, a Federal reclamation
project that is in existence on the date of
enactment of this Act.
(3) Use for completion of project and other settlements.--
(A) Priorities.--
(i) First priority.--
(I) In general.--The first priority
for expenditure of amounts in the Fund
during the entire period in which the
Fund is in existence shall be for the
purposes described in, and in the order
of, clauses (i) through (iv) of
subparagraph (B).
(II) Reserved amounts.--The
Secretary shall reserve and use amounts
deposited into the Fund in accordance
with subclause (I).
(ii) Other purposes.--Any amounts in the Fund
that are not needed for the purposes described in
subparagraph (B) may be used for other purposes
authorized in paragraph (2).
(B) <<NOTE: Effective
dates. Deadlines. Expenditures.>> Completion of
project.--
(i) Navajo-gallup water supply project.--
(I) In general.--Subject to
subclause (II), effective beginning
January 1, 2020, if, in the judgment of
the Secretary on an annual basis the
deadline described in section
10701(e)(1)(A)(ix) is unlikely to be met
because a sufficient amount of funding
is not otherwise available through
appropriations made available pursuant
to section 10609(a), the Secretary shall
expend from the Fund such amounts on an
annual basis consistent with paragraphs
(1) and (2), as are necessary to pay the
Federal share of the costs, and
substantially complete as expeditiously
as practicable, the construction of the
water supply infrastructure authorized
as part of the Project.
(II) Maximum amount.--
(aa) In general.--Except as
provided under item (bb), the
amount expended under subclause
(I) shall not exceed
$500,000,000 for the period of
fiscal years 2020 through 2029.
[[Page 123 STAT. 1377]]
(bb) Exception.--The
limitation on the expenditure
amount under item (aa) may be
exceeded during the entire
period in which the Fund is in
existence if such additional
funds can be expended without
limiting the amounts identified
in clauses (ii) through (iv).
(ii) Other new mexico settlements.--
(I) In general.--Subject to
subclause (II), effective beginning
January 1, 2020, in addition to the
funding made available under clause (i),
if in the judgment of the Secretary on
an annual basis a sufficient amount of
funding is not otherwise available
through annual appropriations, the
Secretary shall expend from the Fund
such amounts on an annual basis
consistent with paragraphs (1) and (2),
as are necessary to pay the Federal
share of the remaining costs of
implementing the Indian water rights
settlement agreements entered into by
the State of New Mexico in the Aamodt
adjudication and the Abeyta
adjudication, if such settlements are
subsequently approved and authorized by
an Act of Congress and the
implementation period has not already
expired.
(II) Maximum amount.--The amount
expended under subclause (I) shall not
exceed $250,000,000.
(iii) Montana settlements.--
(I) In general.--Subject to
subclause (II), effective beginning
January 1, 2020, in addition to funding
made available pursuant to clauses (i)
and (ii), if in the judgment of the
Secretary on an annual basis a
sufficient amount of funding is not
otherwise available through annual
appropriations, the Secretary shall
expend from the Fund such amounts on an
annual basis consistent with paragraphs
(1) and (2), as are necessary to pay the
Federal share of the remaining costs of
implementing Indian water rights
settlement agreements entered into by
the State of Montana with the Blackfeet
Tribe, the Crow Tribe, or the Gros
Ventre and Assiniboine Tribes of the
Fort Belknap Indian Reservation in the
judicial proceeding entitled ``In re the
General Adjudication of All the Rights
to Use Surface and Groundwater in the
State of Montana'', if a settlement or
settlements are subsequently approved
and authorized by an Act of Congress and
the implementation period has not
already expired.
(II) Maximum amount.--
(aa) In general.--Except as
provided under item (bb), the
amount expended under subclause
(I) shall not exceed
$350,000,000 for the period of
fiscal years 2020 through 2029.
(bb) Exception.--The
limitation on the expenditure
amount under item (aa) may be
[[Page 123 STAT. 1378]]
exceeded during the entire
period in which the Fund is in
existence if such additional
funds can be expended without
limiting the amounts identified
in clause (i), (ii), and (iv).
(cc) Other funding.--The
Secretary shall ensure that any
funding under this clause shall
be provided in a manner that
does not limit the funding
available pursuant to clauses
(i) and (ii).
(iv) Arizona settlement.--
(I) In general.--Subject to
subclause (II), effective beginning
January 1, 2020, in addition to funding
made available pursuant to clauses (i),
(ii), and (iii), if in the judgment of
the Secretary on an annual basis a
sufficient amount of funding is not
otherwise available through annual
appropriations, the Secretary shall
expend from the Fund such amounts on an
annual basis consistent with paragraphs
(1) and (2), as are necessary to pay the
Federal share of the remaining costs of
implementing an Indian water rights
settlement agreement entered into by the
State of Arizona with the Navajo Nation
to resolve the water rights claims of
the Nation in the Lower Colorado River
basin in Arizona, if a settlement is
subsequently approved and authorized by
an Act of Congress and the
implementation period has not already
expired.
(II) Maximum amount.--
(aa) In general.--Except as
provided under item (bb), the
amount expended under subclause
(I) shall not exceed
$100,000,000 for the period of
fiscal years 2020 through 2029.
(bb) Exception.--The
limitation on the expenditure
amount under item (aa) may be
exceeded during the entire
period in which the Fund is in
existence if such additional
funds can be expended without
limiting the amounts identified
in clauses (i) through (iii).
(cc) Other funding.--The
Secretary shall ensure that any
funding under this clause shall
be provided in a manner that
does not limit the funding
available pursuant to clauses
(i) and (ii).
(C) <<NOTE: Deadline.>> Reversion.--If the
settlements described in clauses (ii) through (iv) of
subparagraph (B) have not been approved and authorized
by an Act of Congress by December 31, 2019, the amounts
reserved for the settlements shall no longer be reserved
by the Secretary pursuant to subparagraph (A)(i) and
shall revert to the Fund for any authorized use, as
determined by the Secretary.
(d) Investment of Amounts.--
(1) In general.--The Secretary shall invest such portion of
the Fund as is not, in the judgment of the Secretary, required
to meet current withdrawals.
[[Page 123 STAT. 1379]]
(2) Credits to fund.--The interest on, and the proceeds from
the sale or redemption of, any obligations held in the Fund
shall be credited to, and form a part of, the Fund.
(e) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on the
basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
(f) Termination.--On September 30, 2034--
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund shall
be transferred to the appropriate fund of the Treasury.
PART III--NAVAJO-GALLUP WATER SUPPLY PROJECT
SEC. 10601. PURPOSES.
The purposes of this part are--
(1) to authorize the Secretary to construct, operate, and
maintain the Navajo-Gallup Water Supply Project;
(2) to allocate the capacity of the Project among the
Nation, the City, and the Jicarilla Apache Nation; and
(3) to authorize the Secretary to enter into Project
repayment contracts with the City and the Jicarilla Apache
Nation.
SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY PROJECT.
(a) In General.--The Secretary, acting through the Commissioner of
Reclamation, is authorized to design, construct, operate, and maintain
the Project in substantial accordance with the preferred alternative in
the Draft Impact Statement.
(b) Project Facilities.--To provide for the delivery of San Juan
River water to Project Participants, the Secretary may construct,
operate, and maintain the Project facilities described in the preferred
alternative in the Draft Impact Statement, including:
(1) A pumping plant on the San Juan River in the vicinity of
Kirtland, New Mexico.
(2)(A) A main pipeline from the San Juan River near
Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup, New
Mexico, which follows United States Highway 491.
(B) Any pumping plants associated with the pipeline
authorized under subparagraph (A).
(3)(A) A main pipeline from Cutter Reservoir to Ojo Encino,
New Mexico, which follows United States Highway 550.
(B) Any pumping plants associated with the pipeline
authorized under subparagraph (A).
(4)(A) Lateral pipelines from the main pipelines to Nation
communities in the States of New Mexico and Arizona.
(B) Any pumping plants associated with the pipelines
authorized under subparagraph (A).
(5) Any water regulation, storage or treatment facility,
service connection to an existing public water supply system,
[[Page 123 STAT. 1380]]
power substation, power distribution works, or other appurtenant
works (including a building or access road) that is related to
the Project facilities authorized by paragraphs (1) through (4),
including power transmission facilities and associated wheeling
services to connect Project facilities to existing high-voltage
transmission facilities and deliver power to the Project.
(c) Acquisition of Land.--
(1) In general.--The Secretary is authorized to acquire any
land or interest in land that is necessary to construct,
operate, and maintain the Project facilities authorized under
subsection (b).
(2) Land of the project participants.--As a condition of
construction of the facilities authorized under this part, the
Project Participants shall provide all land or interest in land,
as appropriate, that the Secretary identifies as necessary for
acquisition under this subsection at no cost to the Secretary.
(3) Limitation.--The Secretary may not condemn water rights
for purposes of the Project.
(d) Conditions.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall not commence construction of the facilities
authorized under subsection (b) until such time as--
(A) the Secretary executes the Agreement and the
Contract;
(B) the contracts authorized under section 10604 are
executed;
(C) the Secretary--
(i) completes an environmental impact
statement for the Project; and
(ii) has issued a record of decision that
provides for a preferred alternative; and
(D) <<NOTE: Contracts.>> the Secretary has entered
into an agreement with the State of New Mexico under
which the State of New Mexico will provide a share of
the construction costs of the Project of not less than
$50,000,000, except that the State of New Mexico shall
receive credit for funds the State has contributed to
construct water conveyance facilities to the Project
Participants to the extent that the facilities reduce
the cost of the Project as estimated in the Draft Impact
Statement.
(2) <<NOTE: Contracts. Consultation.>> Exception.--If the
Jicarilla Apache Nation elects not to enter into a contract
pursuant to section 10604, the Secretary, after consulting with
the Nation, the City, and the State of New Mexico acting through
the Interstate Stream Commission, may make appropriate
modifications to the scope of the Project and proceed with
Project construction if all other conditions for construction
have been satisfied.
(3) Effect of indian self-determination and education
assistance act.--The Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the
design, construction, operation, maintenance, or replacement of
the Project.
(e) Power.--The Secretary shall reserve, from existing reservations
of Colorado River Storage Project power for Bureau of Reclamation
projects, up to 26 megawatts of power for use by the Project.
[[Page 123 STAT. 1381]]
(f) Conveyance of Title to Project Facilities.--
(1) In general.--The Secretary is authorized to enter into
separate agreements with the City and the Nation and, on
entering into the agreements, shall convey title to each Project
facility or section of a Project facility authorized under
subsection (b) (including any appropriate interests in land) to
the City and the Nation after--
(A) completion of construction of a Project facility
or a section of a Project facility that is operating and
delivering water; and
(B) <<NOTE: Contracts.>> execution of a Project
operations agreement approved by the Secretary and the
Project Participants that sets forth--
(i) any terms and conditions that the
Secretary determines are necessary--
(I) to ensure the continuation of
the intended benefits of the Project;
and
(II) to fulfill the purposes of this
part;
(ii) requirements acceptable to the Secretary
and the Project Participants for--
(I) the distribution of water under
the Project or section of a Project
facility; and
(II) the allocation and payment of
annual operation, maintenance, and
replacement costs of the Project or
section of a Project facility based on
the proportionate uses of Project
facilities; and
(iii) <<NOTE: Compliance.>> conditions and
requirements acceptable to the Secretary and the
Project Participants for operating and maintaining
each Project facility on completion of the
conveyance of title, including the requirement
that the City and the Nation shall--
(I) comply with--
(aa) the Compact; and
(bb) other applicable law;
and
(II) be responsible for--
(aa) the operation,
maintenance, and replacement of
each Project facility; and
(bb) the accounting and
management of water conveyance
and Project finances, as
necessary to administer and
fulfill the conditions of the
Contract executed under section
10604(a)(2)(B).
(2) Effect of conveyance.--The conveyance of title to each
Project facility shall not affect the application of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating
to the use of the water associated with the Project.
(3) Liability.--
(A) In general.--Effective on the date of the
conveyance authorized by this subsection, the United
States shall not be held liable by any court for damages
of any kind arising out of any act, omission, or
occurrence relating to the land, buildings, or
facilities conveyed under this subsection, other than
damages caused by acts of negligence committed by the
United States, or by employees or agents of the United
States, prior to the date of conveyance.
[[Page 123 STAT. 1382]]
(B) Tort claims.--Nothing in this section increases
the liability of the United States beyond the liability
provided in chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims Act'').
(4) <<NOTE: Deadline.>> Notice of proposed conveyance.--Not
later than 45 days before the date of a proposed conveyance of
title to any Project facility, the Secretary shall submit to the
Committee on Resources of the House of Representatives and to
the Committee on Energy and Natural Resources of the Senate
notice of the conveyance of each Project facility.
(g) Colorado River Storage Project Power.--The conveyance of Project
facilities under subsection (f) shall not affect the availability of
Colorado River Storage Project power to the Project under subsection
(e).
(h) Regional Use of Project Facilities.--
(1) In general.--Subject to paragraph (2), Project
facilities constructed under subsection (b) may be used to treat
and convey non-Project water or water that is not allocated by
subsection 10603(b) if--
(A) capacity is available without impairing any
water delivery to a Project Participant; and
(B) <<NOTE: Payments.>> the unallocated or non-
Project water beneficiary--
(i) has the right to use the water;
(ii) agrees to pay the operation, maintenance,
and replacement costs assignable to the
beneficiary for the use of the Project facilities;
and
(iii) agrees to pay an appropriate fee that
may be established by the Secretary to assist in
the recovery of any capital cost allocable to that
use.
(2) Effect of payments.--Any payments to the United States
or the Nation for the use of unused capacity under this
subsection or for water under any subcontract with the Nation or
the Jicarilla Apache Nation shall not alter the construction
repayment requirements or the operation, maintenance, and
replacement payment requirements of the Project Participants.
SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY PROJECT
WATER.
(a) Use of Project Water.--
(1) In general.--In accordance with this subtitle and other
applicable law, water supply from the Project shall be used for
municipal, industrial, commercial, domestic, and stock watering
purposes.
(2) Use on certain land.--
(A) In general.--Subject to subparagraph (B), the
Nation may use Project water allocations on--
(i) land held by the United States in trust
for the Nation and members of the Nation; and
(ii) land held in fee by the Nation.
(B) Transfer.--The Nation may transfer the purposes
and places of use of the allocated water in accordance
with the Agreement and applicable law.
(3) Hydroelectric power.--
(A) In general.--Hydroelectric power may be
generated as an incident to the delivery of Project
water for authorized purposes under paragraph (1).
[[Page 123 STAT. 1383]]
(B) Administration.--Notwithstanding any other
provision of law--
(i) any hydroelectric power generated under
this paragraph shall be used or marketed by the
Nation;
(ii) the Nation shall retain any revenues from
the sale of the hydroelectric power; and
(iii) the United States shall have no trust
obligation or other obligation to monitor,
administer, or account for the revenues received
by the Nation, or the expenditure of the revenues.
(4) Storage.--
(A) In general.--Subject to subparagraph (B), any
water contracted for delivery under paragraph (1) that
is not needed for current water demands or uses may be
delivered by the Project for placement in underground
storage in the State of New Mexico for future recovery
and use.
(B) State approval.--Delivery of water under
subparagraph (A) is subject to--
(i) approval by the State of New Mexico under
applicable provisions of State law relating to
aquifer storage and recovery; and
(ii) the provisions of the Agreement and this
subtitle.
(b) Project Water and Capacity Allocations.--
(1) Diversion.--Subject to availability and consistent with
Federal and State law, the Project may divert from the Navajo
Reservoir and the San Juan River a quantity of water to be
allocated and used consistent with the Agreement and this
subtitle, that does not exceed in any 1 year, the lesser of--
(A) 37,760 acre-feet of water; or
(B) the quantity of water necessary to supply a
depletion from the San Juan River of 35,890 acre-feet.
(2) Project delivery capacity allocations.--
(A) In general.--The capacity of the Project shall
be allocated to the Project Participants in accordance
with subparagraphs (B) through (E), other provisions of
this subtitle, and other applicable law.
(B) Delivery capacity allocation to the city.--The
Project may deliver at the point of diversion from the
San Juan River not more than 7,500 acre-feet of water in
any 1 year for which the City has secured rights for the
use of the City.
(C) Delivery capacity allocation to navajo nation
communities in new mexico.--For use by the Nation in the
State of New Mexico, the Project may deliver water out
of the water rights held by the Secretary for the Nation
and confirmed under this subtitle, at the points of
diversion from the San Juan River or at Navajo Reservoir
in any 1 year, the lesser of--
(i) 22,650 acre-feet of water; or
(ii) the quantity of water necessary to supply
a depletion from the San Juan River of 20,780
acre-feet of water.
(D) Delivery capacity allocation to navajo nation
communities in arizona.--Subject to subsection (c), the
Project may deliver at the point of diversion from the
[[Page 123 STAT. 1384]]
San Juan River not more than 6,411 acre-feet of water in
any 1 year for use by the Nation in the State of
Arizona.
(E) Delivery capacity allocation to jicarilla apache
nation.--The Project may deliver at Navajo Reservoir not
more than 1,200 acre-feet of water in any 1 year of the
water rights of the Jicarilla Apache Nation, held by the
Secretary and confirmed by the Jicarilla Apache Tribe
Water Rights Settlement Act (Public Law 102-441; 106
Stat. 2237), for use by the Jicarilla Apache Nation in
the southern portion of the Jicarilla Apache Nation
Reservation in the State of New Mexico.
(3) Use in excess of delivery capacity allocation
quantity.--Notwithstanding each delivery capacity allocation
quantity limit described in subparagraphs (B), (C), and (E) of
paragraph (2), the Secretary may authorize a Project Participant
to exceed the delivery capacity allocation quantity limit of
that Project Participant if--
(A) delivery capacity is available without impairing
any water delivery to any other Project Participant; and
(B) the Project Participant benefitting from the
increased allocation of delivery capacity--
(i) has the right under applicable law to use
the additional water;
(ii) <<NOTE: Payments.>> agrees to pay the
operation, maintenance, and replacement costs
relating to the additional use of any Project
facility; and
(iii) <<NOTE: Fees.>> agrees, if the Project
title is held by the Secretary, to pay a fee
established by the Secretary to assist in
recovering capital costs relating to that
additional use.
(c) Conditions for Use in Arizona.--
(1) <<NOTE: Contracts.>> Requirements.--Project water shall
not be delivered for use by any community of the Nation located
in the State of Arizona under subsection (b)(2)(D) until--
(A) <<NOTE: Waiver.>> the Nation and the State of
Arizona have entered into a water rights settlement
agreement approved by an Act of Congress that settles
and waives the Nation's claims to water in the Lower
Basin and the Little Colorado River Basin in the State
of Arizona, including those of the United States on the
Nation's behalf; and
(B) the Secretary and the Navajo Nation have entered
into a Navajo Reservoir water supply delivery contract
for the physical delivery and diversion of water via the
Project from the San Juan River system to supply uses in
the State of Arizona.
(2) Accounting of uses in arizona.--
(A) In general.--Pursuant to paragraph (1) and
notwithstanding any other provision of law, water may be
diverted by the Project from the San Juan River in the
State of New Mexico in accordance with an appropriate
permit issued under New Mexico law for use in the State
of Arizona within the Navajo Reservation in the Lower
Basin; provided that any depletion of water that results
from the diversion of water by the Project from the San
Juan River in the State of New Mexico for uses within
the State of Arizona (including depletion incidental to
the diversion, impounding, or conveyance of water in the
State
[[Page 123 STAT. 1385]]
of New Mexico for uses in the State of Arizona) shall be
administered and accounted for as either--
(i) a part of, and charged against, the
available consumptive use apportionment made to
the State of Arizona by Article III(a) of the
Compact and to the Upper Basin by Article III(a)
of the Colorado River Compact, in which case any
water so diverted by the Project into the Lower
Basin for use within the State of Arizona shall
not be credited as water reaching Lee Ferry
pursuant to Article III(c) and III(d) of the
Colorado River Compact; or
(ii) subject to subparagraph (B), a part of,
and charged against, the consumptive use
apportionment made to the Lower Basin by Article
III(a) of the Colorado River Compact, in which
case it shall--
(I) be a part of the Colorado River
water that is apportioned to the State
of Arizona in Article II(B) of the
Consolidated Decree of the Supreme Court
of the United States in Arizona v.
California (547 U.S. 150) (as may be
amended or supplemented);
(II) be credited as water reaching
Lee Ferry pursuant to Article III(c) and
III(d) of the Colorado River Compact;
and
(III) be accounted as the water
identified in section 104(a)(1)(B)(ii)
of the Arizona Water Settlements Act,
(118 Stat. 3478).
(B) Limitation.--Notwithstanding subparagraph
(A)(ii), no water diverted by the Project shall be
accounted for pursuant to subparagraph (A)(ii) until
such time that--
(i) <<NOTE: Criteria. Policies. Contracts. Guidelin
es.>> the Secretary has developed and, as
necessary and appropriate, modified, in
consultation with the Upper Colorado River
Commission and the Governors' Representatives on
Colorado River Operations from each State
signatory to the Colorado River Compact, all
operational and decisional criteria, policies,
contracts, guidelines or other documents that
control the operations of the Colorado River
System reservoirs and diversion works, so as to
adjust, account for, and offset the diversion of
water apportioned to the State of Arizona,
pursuant to the Boulder Canyon Project Act (43
U.S.C. 617 et seq.), from a point of diversion on
the San Juan River in New
Mexico; <<NOTE: Applicability.>> provided that
all such modifications shall be consistent with
the provisions of this Section, and the
modifications made pursuant to this clause shall
be applicable only for the duration of any such
diversions pursuant to section 10603(c)(2)(A)(ii);
and
(ii) Article II(B) of the Decree of the
Supreme Court of the United States in Arizona v.
California (547 U.S. 150 as may be amended or
supplemented) is administered so that diversions
from the main stream for the Central Arizona
Project, as served under existing contracts with
the United States by diversion works heretofore
constructed, shall be limited and reduced to
offset any diversions made pursuant to section
10603(c)(2)(A)(ii) of this Act. This clause shall
[[Page 123 STAT. 1386]]
not affect, in any manner, the amount of water
apportioned to Arizona pursuant to the Boulder
Canyon Project Act (43 U.S.C. 617 et seq.), or
amend any provisions of said decree or the
Colorado River Basin Project Act (43 U.S.C. 1501
et. seq.).
(3) Upper basin protections.--
(A) Consultations.--Henceforth, in any consultation
pursuant to 16 U.S.C. 1536(a) with respect to water
development in the San Juan River Basin, the Secretary
shall confer with the States of Colorado and New Mexico,
consistent with the provisions of section 5 of the
``Principles for Conducting Endangered Species Act
Section 7 Consultations on Water Development and Water
Management Activities Affecting Endangered Fish Species
in the San Juan River Basin'' as adopted by the
Coordination Committee, San Juan River Basin Recovery
Implementation Program, on June 19, 2001, and as may be
amended or modified.
(B) Preservation of existing rights.--Rights to the
consumptive use of water available to the Upper Basin
from the Colorado River System under the Colorado River
Compact and the Compact shall not be reduced or
prejudiced by any use of water pursuant to subsection
10603(c). Nothing in this Act shall be construed so as
to impair, conflict with, or otherwise change the duties
and powers of the Upper Colorado River Commission.
(d) Forbearance.--
(1) In general.--Subject to paragraphs (2) and (3), during
any year in which a shortage to the normal diversion requirement
for any use relating to the Project within the State of Arizona
occurs (as determined under section 11 of Public Law 87-483 (76
Stat. 99)), the Nation may temporarily forbear the delivery of
the water supply of the Navajo Reservoir for uses in the State
of New Mexico under the apportionments of water to the Navajo
Indian Irrigation Project and the normal diversion requirements
of the Project to allow an equivalent quantity of water to be
delivered from the Navajo Reservoir water supply for municipal
and domestic uses of the Nation in the State of Arizona under
the Project.
(2) Limitation of forbearance.--The Nation may forebear the
delivery of water under paragraph (1) of a quantity not
exceeding the quantity of the shortage to the normal diversion
requirement for any use relating to the Project within the State
of Arizona.
(3) Effect.--The forbearance of the delivery of water under
paragraph (1) shall be subject to the requirements in subsection
(c).
(e) Effect.--Nothing in this subtitle--
(1) authorizes the marketing, leasing, or transfer of the
water supplies made available to the Nation under the Contract
to non-Navajo water users in States other than the State of New
Mexico; or
(2) authorizes the forbearance of water uses in the State of
New Mexico to allow uses of water in other States other than as
authorized under subsection (d).
(f) Colorado River Compacts.--Notwithstanding any other provision of
law--
[[Page 123 STAT. 1387]]
(1) water may be diverted by the Project from the San Juan
River in the State of New Mexico for use within New Mexico in
the lower basin, as that term is used in the Colorado River
Compact;
(2) any water diverted under paragraph (1) shall be a part
of, and charged against, the consumptive use apportionment made
to the State of New Mexico by Article III(a) of the Compact and
to the upper basin by Article III(a) of the Colorado River
Compact; and
(3) any water so diverted by the Project into the lower
basin within the State of New Mexico shall not be credited as
water reaching Lee Ferry pursuant to Articles III(c) and III(d)
of the Colorado River Compact.
(g) Payment of Operation, Maintenance, and Replacement Costs.--
(1) In general.--The Secretary is authorized to pay the
operation, maintenance, and replacement costs of the Project
allocable to the Project Participants under section 10604 until
the date on which the Secretary declares any section of the
Project to be substantially complete and delivery of water
generated by, and through, that section of the Project can be
made to a Project participant.
(2) <<NOTE: Effective date.>> Project participant
payments.--Beginning on the date described in paragraph (1),
each Project Participant shall pay all allocated operation,
maintenance, and replacement costs for that substantially
completed section of the Project, in accordance with contracts
entered into pursuant to section 10604, except as provided in
section 10604(f).
(h) No Precedent.--Nothing in this Act shall be construed as
authorizing or establishing a precedent for any type of transfer of
Colorado River System water between the Upper Basin and Lower Basin. Nor
shall anything in this Act be construed as expanding the Secretary's
authority in the Upper Basin.
(i) Unique Situation.--Diversions by the Project consistent with
this section address critical tribal and non-Indian water supply needs
under unique circumstances, which include, among other things--
(1) the intent to benefit an American Indian tribe;
(2) the Navajo Nation's location in both the Upper and Lower
Basin;
(3) the intent to address critical Indian water needs in the
State of Arizona and Indian and non-Indian water needs in the
State of New Mexico,
(4) the location of the Navajo Nation's capital city of
Window Rock in the State of Arizona in close proximity to the
border of the State of New Mexico and the pipeline route for the
Project;
(5) the lack of other reasonable options available for
developing a firm, sustainable supply of municipal water for the
Navajo Nation at Window Rock in the State of Arizona; and
(6) the limited volume of water to be diverted by the
Project to supply municipal uses in the Window Rock area in the
State of Arizona.
(j) Consensus.--Congress notes the consensus of the Governors'
Representatives on Colorado River Operations of the States that are
signatory to the Colorado River Compact regarding the diversions
authorized for the Project under this section.
[[Page 123 STAT. 1388]]
(k) Efficient Use.--The diversions and uses authorized for the
Project under this Section represent unique and efficient uses of
Colorado River apportionments in a manner that Congress has determined
would be consistent with the obligations of the United States to the
Navajo Nation.
SEC. 10604. PROJECT CONTRACTS.
(a) Navajo Nation Contract.--
(1) Hydrologic determination.--Congress recognizes that the
Hydrologic Determination necessary to support approval of the
Contract has been completed.
(2) Contract approval.--
(A) Approval.--
(i) In general.--Except to the extent that any
provision of the Contract conflicts with this
subtitle, Congress approves, ratifies, and
confirms the Contract.
(ii) Amendments.--To the extent any amendment
is executed to make the Contract consistent with
this subtitle, that amendment is authorized,
ratified, and confirmed.
(B) Execution of contract.--The Secretary, acting on
behalf of the United States, shall enter into the
Contract to the extent that the Contract does not
conflict with this subtitle (including any amendment
that is required to make the Contract consistent with
this subtitle).
(3) Nonreimbursability of allocated costs.--The following
costs shall be nonreimbursable and not subject to repayment by
the Nation or any other Project beneficiary:
(A) Any share of the construction costs of the
Nation relating to the Project authorized by section
10602(a).
(B) Any costs relating to the construction of the
Navajo Indian Irrigation Project that may otherwise be
allocable to the Nation for use of any facility of the
Navajo Indian Irrigation Project to convey water to each
Navajo community under the Project.
(C) Any costs relating to the construction of Navajo
Dam that may otherwise be allocable to the Nation for
water deliveries under the Contract.
(4) Operation, maintenance, and replacement obligation.--
Subject to subsection (f), the Contract shall include provisions
under which the Nation shall pay any costs relating to the
operation, maintenance, and replacement of each facility of the
Project that are allocable to the Nation.
(5) Limitation, cancellation, termination, and rescission.--
The Contract may be limited by a term of years, canceled,
terminated, or rescinded only by an Act of Congress.
(b) City of Gallup Contract.--
(1) Contract authorization.--Consistent with this subtitle,
the Secretary is authorized to enter into a repayment contract
with the City that requires the City--
(A) to repay, within a 50-year period, the share of
the construction costs of the City relating to the
Project, with interest as provided under section 10305;
and
(B) consistent with section 10603(g), to pay the
operation, maintenance, and replacement costs of the
Project that are allocable to the City.
(2) Contract prepayment.--
[[Page 123 STAT. 1389]]
(A) In general.--The contract authorized under
paragraph (1) may allow the City to satisfy the
repayment obligation of the City for construction costs
of the Project on the payment of the share of the City
prior to the initiation of construction.
(B) Amount.--The amount of the share of the City
described in subparagraph (A) shall be determined by
agreement between the Secretary and the City.
(C) Repayment obligation.--Any repayment obligation
established by the Secretary and the City pursuant to
subparagraph (A) shall be subject to a final cost
allocation by the Secretary on project completion and to
the limitations set forth in paragraph (3).
(3) Share of construction costs.--
(A) <<NOTE: Determination.>> In general.--Subject
to subparagraph (B), the Secretary shall determine the
share of the construction costs of the Project allocable
to the City and establish the percentage of the
allocated construction costs that the City shall be
required to repay pursuant to the contract entered into
under paragraph (1), based on the ability of the City to
pay.
(B) Minimum percentage.--Notwithstanding
subparagraph (A), the repayment obligation of the City
shall be at least 25 percent of the construction costs
of the Project that are allocable to the City, but shall
in no event exceed 35 percent.
(4) Excess construction costs.--Any construction costs of
the Project allocable to the City in excess of the repayment
obligation of the City, as determined under paragraph (3), shall
be nonreimbursable.
(5) Grant funds.--A grant from any other Federal source
shall not be credited toward the amount required to be repaid by
the City under a repayment contract.
(6) Title transfer.--If title is transferred to the City
prior to repayment under section 10602(f), the City shall be
required to provide assurances satisfactory to the Secretary of
fulfillment of the remaining repayment obligation of the City.
(7) <<NOTE: Effective date.>> Water delivery subcontract.--
The Secretary shall not enter into a contract under paragraph
(1) with the City until the City has secured a water supply for
the City's portion of the Project described in section
10603(b)(2)(B), by entering into, as approved by the Secretary,
a water delivery subcontract for a period of not less than 40
years beginning on the date on which the construction of any
facility of the Project serving the City is completed, with--
(A) the Nation, as authorized by the Contract;
(B) the Jicarilla Apache Nation, as authorized by
the settlement contract between the United States and
the Jicarilla Apache Tribe, authorized by the Jicarilla
Apache Tribe Water Rights Settlement Act (Public Law
102-441; 106 Stat. 2237); or
(C) an acquired alternate source of water, subject
to approval of the Secretary and the State of New
Mexico, acting through the New Mexico Interstate Stream
Commission and the New Mexico State Engineer.
(c) Jicarilla Apache Nation Contract.--
[[Page 123 STAT. 1390]]
(1) Contract authorization.--Consistent with this subtitle,
the Secretary is authorized to enter into a repayment contract
with the Jicarilla Apache Nation that requires the Jicarilla
Apache Nation--
(A) to repay, within a 50-year period, the share of
any construction cost of the Jicarilla Apache Nation
relating to the Project, with interest as provided under
section 10305; and
(B) consistent with section 10603(g), to pay the
operation, maintenance, and replacement costs of the
Project that are allocable to the Jicarilla Apache
Nation.
(2) Contract prepayment.--
(A) In general.--The contract authorized under
paragraph (1) may allow the Jicarilla Apache Nation to
satisfy the repayment obligation of the Jicarilla Apache
Nation for construction costs of the Project on the
payment of the share of the Jicarilla Apache Nation
prior to the initiation of construction.
(B) Amount.--The amount of the share of Jicarilla
Apache Nation described in subparagraph (A) shall be
determined by agreement between the Secretary and the
Jicarilla Apache Nation.
(C) Repayment obligation.--Any repayment obligation
established by the Secretary and the Jicarilla Apache
Nation pursuant to subparagraph (A) shall be subject to
a final cost allocation by the Secretary on project
completion and to the limitations set forth in paragraph
(3).
(3) Share of construction costs.--
(A) <<NOTE: Determination.>> In general.--Subject
to subparagraph (B), the Secretary shall determine the
share of the construction costs of the Project allocable
to the Jicarilla Apache Nation and establish the
percentage of the allocated construction costs of the
Jicarilla Apache Nation that the Jicarilla Apache Nation
shall be required to repay based on the ability of the
Jicarilla Apache Nation to pay.
(B) Minimum percentage.--Notwithstanding
subparagraph (A), the repayment obligation of the
Jicarilla Apache Nation shall be at least 25 percent of
the construction costs of the Project that are allocable
to the Jicarilla Apache Nation, but shall in no event
exceed 35 percent.
(4) Excess construction costs.--Any construction costs of
the Project allocable to the Jicarilla Apache Nation in excess
of the repayment obligation of the Jicarilla Apache Nation as
determined under paragraph (3), shall be nonreimbursable.
(5) Grant funds.--A grant from any other Federal source
shall not be credited toward the share of the Jicarilla Apache
Nation of construction costs.
(6) Navajo indian irrigation project costs.--The Jicarilla
Apache Nation shall have no obligation to repay any Navajo
Indian Irrigation Project construction costs that might
otherwise be allocable to the Jicarilla Apache Nation for use of
the Navajo Indian Irrigation Project facilities to convey water
to the Jicarilla Apache Nation, and any such costs shall be
nonreimbursable.
(d) Capital Cost Allocations.--
(1) In general.--For purposes of estimating the capital
repayment requirements of the Project Participants under this
[[Page 123 STAT. 1391]]
section, the Secretary shall review and, as appropriate, update
the Draft Impact Statement allocating capital construction costs
for the Project.
(2) Final cost allocation.--The repayment contracts entered
into with Project Participants under this section shall require
that the Secretary perform a final cost allocation when
construction of the Project is determined to be substantially
complete.
(3) <<NOTE: Determination.>> Repayment obligation.--The
Secretary shall determine the repayment obligation of the
Project Participants based on the final cost allocation
identifying reimbursable and nonreimbursable capital costs of
the Project consistent with this subtitle.
(e) <<NOTE: Review.>> Operation, Maintenance, and Replacement Cost
Allocations.--For purposes of determining the operation, maintenance,
and replacement obligations of the Project Participants under this
section, the Secretary shall review and, as appropriate, update the
Draft Impact Statement that allocates operation, maintenance, and
replacement costs for the Project.
(f) Temporary Waivers of Payments.--
(1) In general.--On the date on which the Secretary declares
a section of the Project to be substantially complete and
delivery of water generated by and through that section of the
Project can be made to the Nation, the Secretary may waive, for
a period of not more than 10 years, the operation, maintenance,
and replacement costs allocable to the Nation for that section
of the Project that the Secretary determines are in excess of
the ability of the Nation to pay.
(2) Subsequent payment by nation.--After a waiver under
paragraph (1), the Nation shall pay all allocated operation,
maintenance, and replacement costs of that section of the
Project.
(3) Payment by united states.--Any operation, maintenance,
or replacement costs waived by the Secretary under paragraph (1)
shall be paid by the United States and shall be nonreimbursable.
(4) Effect on contracts.--Failure of the Secretary to waive
costs under paragraph (1) because of a lack of availability of
Federal funding to pay the costs under paragraph (3) shall not
alter the obligations of the Nation or the United States under a
repayment contract.
(5) Termination of authority.--The authority of the
Secretary to waive costs under paragraph (1) with respect to a
Project facility transferred to the Nation under section
10602(f) shall terminate on the date on which the Project
facility is transferred.
(g) <<NOTE: Establishment.>> Project Construction Committee.--The
Secretary shall facilitate the formation of a project construction
committee with the Project Participants and the State of New Mexico--
(1) to review cost factors and budgets for construction and
operation and maintenance activities;
(2) to improve construction management through enhanced
communication; and
(3) to seek additional ways to reduce overall Project costs.
[[Page 123 STAT. 1392]]
SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE.
(a) Use of Navajo Nation Pipeline.--In addition to use of the Navajo
Nation Municipal Pipeline to convey the Animas-La Plata Project water of
the Nation, the Nation may use the Navajo Nation Municipal Pipeline to
convey non-Animas La Plata Project water for municipal and industrial
purposes.
(b) Conveyance of Title to Pipeline.--
(1) In general.--On completion of the Navajo Nation
Municipal Pipeline, the Secretary may enter into separate
agreements with the City of Farmington, New Mexico and the
Nation to convey title to each portion of the Navajo Nation
Municipal Pipeline facility or section of the Pipeline to the
City of Farmington and the Nation after execution of a Project
operations agreement approved by the Secretary, the Nation, and
the City of Farmington that sets forth any terms and conditions
that the Secretary determines are necessary.
(2) Conveyance to the city of farmington or navajo nation.--
In conveying title to the Navajo Nation Municipal Pipeline under
this subsection, the Secretary shall convey--
(A) to the City of Farmington, the facilities and
any land or interest in land acquired by the United
States for the construction, operation, and maintenance
of the Pipeline that are located within the corporate
boundaries of the City; and
(B) to the Nation, the facilities and any land or
interests in land acquired by the United States for the
construction, operation, and maintenance of the Pipeline
that are located outside the corporate boundaries of the
City of Farmington.
(3) Effect of conveyance.--The conveyance of title to the
Pipeline shall not affect the application of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the use
of water associated with the Animas-La Plata Project.
(4) Liability.--
(A) <<NOTE: Effective date.>> In general.--
Effective on the date of the conveyance authorized by
this subsection, the United States shall not be held
liable by any court for damages of any kind arising out
of any act, omission, or occurrence relating to the
land, buildings, or facilities conveyed under this
subsection, other than damages caused by acts of
negligence committed by the United States or by
employees or agents of the United States prior to the
date of conveyance.
(B) Tort claims.--Nothing in this subsection
increases the liability of the United States beyond the
liability provided under chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims
Act'').
(5) <<NOTE: Deadline.>> Notice of proposed conveyance.--Not
later than 45 days before the date of a proposed conveyance of
title to the Pipeline, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate,
notice of the conveyance of the Pipeline.
SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS.
(a) <<NOTE: Deadline.>> Conjunctive Groundwater Development Plan.--
Not later than 1 year after the date of enactment of this Act, the
[[Page 123 STAT. 1393]]
Nation, in consultation with the Secretary, shall complete a conjunctive
groundwater development plan for the wells described in subsections (b)
and (c).
(b) Wells in the San Juan River Basin.--In accordance with the
conjunctive groundwater development plan, the Secretary may construct or
rehabilitate wells and related pipeline facilities to provide capacity
for the diversion and distribution of not more than 1,670 acre-feet of
groundwater in the San Juan River Basin in the State of New Mexico for
municipal and domestic uses.
(c) Wells in the Little Colorado and Rio Grande Basins.--
(1) In general.--In accordance with the Project and
conjunctive groundwater development plan for the Nation, the
Secretary may construct or rehabilitate wells and related
pipeline facilities to provide capacity for the diversion and
distribution of--
(A) not more than 680 acre-feet of groundwater in
the Little Colorado River Basin in the State of New
Mexico;
(B) not more than 80 acre-feet of groundwater in the
Rio Grande Basin in the State of New Mexico; and
(C) not more than 770 acre-feet of groundwater in
the Little Colorado River Basin in the State of Arizona.
(2) Use.--Groundwater diverted and distributed under
paragraph (1) shall be used for municipal and domestic uses.
(d) Acquisition of Land.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may acquire any land or interest in land that is
necessary for the construction, operation, and maintenance of
the wells and related pipeline facilities authorized under
subsections (b) and (c).
(2) Limitation.--Nothing in this subsection authorizes the
Secretary to condemn water rights for the purposes described in
paragraph (1).
(e) Condition.--The Secretary shall not commence any construction
activity relating to the wells described in subsections (b) and (c)
until the Secretary executes the Agreement.
(f) Conveyance of Wells.--
(1) <<NOTE: Determination. Contracts.>> In general.--On the
determination of the Secretary that the wells and related
facilities are substantially complete and delivery of water
generated by the wells can be made to the Nation, an agreement
with the Nation shall be entered into, to convey to the Nation
title to--
(A) any well or related pipeline facility
constructed or rehabilitated under subsections (a) and
(b) after the wells and related facilities have been
completed; and
(B) any land or interest in land acquired by the
United States for the construction, operation, and
maintenance of the well or related pipeline facility.
(2) Operation, maintenance, and replacement.--
(A) <<NOTE: Payments.>> In general.--The Secretary
is authorized to pay operation and maintenance costs for
the wells and related pipeline facilities authorized
under this subsection until title to the facilities is
conveyed to the Nation.
(B) Subsequent assumption by nation.--On completion
of a conveyance of title under paragraph (1), the Nation
shall assume all responsibility for the operation and
maintenance of the well or related pipeline facility
conveyed.
[[Page 123 STAT. 1394]]
(3) Effect of conveyance.--The conveyance of title to the
Nation of the conjunctive use wells under paragraph (1) shall
not affect the application of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
(g) Use of Project Facilities.--The capacities of the treatment
facilities, main pipelines, and lateral pipelines of the Project
authorized by section 10602(b) may be used to treat and convey
groundwater to Nation communities if the Nation provides for payment of
the operation, maintenance, and replacement costs associated with the
use of the facilities or pipelines.
(h) Limitations.--The diversion and use of groundwater by wells
constructed or rehabilitated under this section shall be made in a
manner consistent with applicable Federal and State law.
SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS.
(a) Rehabilitation.--Subject to subsection (b), the Secretary shall
rehabilitate--
(1) the Fruitland-Cambridge Irrigation Project to serve not
more than 3,335 acres of land, which shall be considered to be
the total serviceable area of the project; and
(2) the Hogback-Cudei Irrigation Project to serve not more
than 8,830 acres of land, which shall be considered to be the
total serviceable area of the project.
(b) Condition.--The Secretary shall not commence any construction
activity relating to the rehabilitation of the Fruitland-Cambridge
Irrigation Project or the Hogback-Cudei Irrigation Project under
subsection (a) until the Secretary executes the Agreement.
(c) Operation, Maintenance, and Replacement Obligation.--The Nation
shall continue to be responsible for the operation, maintenance, and
replacement of each facility rehabilitated under this section.
SEC. 10608. OTHER IRRIGATION PROJECTS.
(a) <<NOTE: Deadline.>> In General.--Not later than 2 years after
the date of enactment of this Act, the Secretary, in consultation with
the State of New Mexico (acting through the Interstate Stream
Commission) and the Non-Navajo Irrigation Districts that elect to
participate, shall--
(1) <<NOTE: Study.>> conduct a study of Non-Navajo
Irrigation District diversion and ditch facilities; and
(2) based on the study, identify and prioritize a list of
projects, with associated cost estimates, that are recommended
to be implemented to repair, rehabilitate, or reconstruct
irrigation diversion and ditch facilities to improve water use
efficiency.
(b) Grants.--The Secretary may provide grants to, and enter into
cooperative agreements with, the Non-Navajo Irrigation Districts to
plan, design, or otherwise implement the projects identified under
subsection (a)(2).
(c) Cost-Sharing.--
(1) Federal share.--The Federal share of the total cost of
carrying out a project under subsection (b) shall be not more
than 50 percent, and shall be nonreimbursable.
(2) Form.--The non-Federal share required under paragraph
(1) may be in the form of in-kind contributions, including
[[Page 123 STAT. 1395]]
the contribution of any valuable asset or service that the
Secretary determines would substantially contribute to a project
carried out under subsection (b).
(3) State contribution.--The Secretary may accept from the
State of New Mexico a partial or total contribution toward the
non-Federal share for a project carried out under subsection
(b).
SEC. 10609. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Navajo-Gallup Water Supply
Project.--
(1) In general.--There is authorized to be appropriated to
the Secretary to plan, design, and construct the Project
$870,000,000 for the period of fiscal years 2009 through 2024,
to remain available until expended.
(2) Adjustments.--The amount under paragraph (1) shall be
adjusted by such amounts as may be required by reason of changes
since 2007 in construction costs, as indicated by engineering
cost indices applicable to the types of construction involved.
(3) Use.--In addition to the uses authorized under paragraph
(1), amounts made available under that paragraph may be used for
the conduct of related activities to comply with Federal
environmental laws.
(4) Operation and maintenance.--
(A) In general.--There are authorized to be
appropriated such sums as are necessary to operate and
maintain the Project consistent with this subtitle.
(B) Expiration.--The authorization under
subparagraph (A) shall expire 10 years after the year
the Secretary declares the Project to be substantially
complete.
(b) Appropriations for Conjunctive Use Wells.--
(1) San juan wells.--There is authorized to be appropriated
to the Secretary for the construction or rehabilitation and
operation and maintenance of conjunctive use wells under section
10606(b) $30,000,000, as adjusted under paragraph (3), for the
period of fiscal years 2009 through 2019.
(2) Wells in the little colorado and rio grande basins.--
There are authorized to be appropriated to the Secretary for the
construction or rehabilitation and operation and maintenance of
conjunctive use wells under section 10606(c) such sums as are
necessary for the period of fiscal years 2009 through 2024.
(3) Adjustments.--The amount under paragraph (1) shall be
adjusted by such amounts as may be required by reason of changes
since 2008 in construction costs, as indicated by engineering
cost indices applicable to the types of construction or
rehabilitation involved.
(4) Nonreimbursable expenditures.--Amounts made available
under paragraphs (1) and (2) shall be nonreimbursable to the
United States.
(5) Use.--In addition to the uses authorized under
paragraphs (1) and (2), amounts made available under that
paragraph may be used for the conduct of related activities to
comply with Federal environmental laws.
(6) Limitation.--Appropriations authorized under paragraph
(1) shall not be used for operation or maintenance of
[[Page 123 STAT. 1396]]
any conjunctive use wells at a time in excess of 3 years after
the well is declared substantially complete.
(c) San Juan River Irrigation Projects.--
(1) In general.--There are authorized to be appropriated to
the Secretary--
(A) to carry out section 10607(a)(1), not more than
$7,700,000, as adjusted under paragraph (2), for the
period of fiscal years 2009 through 2016, to remain
available until expended; and
(B) to carry out section 10607(a)(2), not more than
$15,400,000, as adjusted under paragraph (2), for the
period of fiscal years 2009 through 2019, to remain
available until expended.
(2) Adjustment.--The amounts made available under paragraph
(1) shall be adjusted by such amounts as may be required by
reason of changes since January 1, 2004, in construction costs,
as indicated by engineering cost indices applicable to the types
of construction involved in the rehabilitation.
(3) Nonreimbursable expenditures.--Amounts made available
under this subsection shall be nonreimbursable to the United
States.
(d) Other Irrigation Projects.--There are authorized to be
appropriated to the Secretary to carry out section 10608 $11,000,000 for
the period of fiscal years 2009 through 2019.
(e) Cultural Resources.--
(1) In general.--The Secretary may use not more than 2
percent of amounts made available under subsections (a), (b),
and (c) for the survey, recovery, protection, preservation, and
display of archaeological resources in the area of a Project
facility or conjunctive use well.
(2) Nonreimbursable expenditures.--Any amounts made
available under paragraph (1) shall be nonreimbursable.
(f) Fish and Wildlife Facilities.--
(1) In general.--In association with the development of the
Project, the Secretary may use not more than 4 percent of
amounts made available under subsections (a), (b), and (c) to
purchase land and construct and maintain facilities to mitigate
the loss of, and improve conditions for the propagation of, fish
and wildlife if any such purchase, construction, or maintenance
will not affect the operation of any water project or use of
water.
(2) Nonreimbursable expenditures.--Any amounts expended
under paragraph (1) shall be nonreimbursable.
PART IV--NAVAJO NATION WATER RIGHTS
SEC. 10701. <<NOTE: 43 USC 620 note.>> AGREEMENT.
(a) Agreement Approval.--
(1) Approval by congress.--Except to the extent that any
provision of the Agreement conflicts with this subtitle,
Congress approves, ratifies, and confirms the Agreement
(including any amendments to the Agreement that are executed to
make the Agreement consistent with this subtitle).
(2) Execution by secretary.--The Secretary shall enter into
the Agreement to the extent that the Agreement does not conflict
with this subtitle, including--
[[Page 123 STAT. 1397]]
(A) any exhibits to the Agreement requiring the
signature of the Secretary; and
(B) any amendments to the Agreement necessary to
make the Agreement consistent with this subtitle.
(3) Authority of secretary.--The Secretary may carry out any
action that the Secretary determines is necessary or appropriate
to implement the Agreement, the Contract, and this section.
(4) Administration of navajo reservoir releases.--The State
of New Mexico may administer water that has been released from
storage in Navajo Reservoir in accordance with subparagraph 9.1
of the Agreement.
(b) Water Available Under Contract.--
(1) Quantities of water available.--
(A) In general.--Water shall be made available
annually under the Contract for projects in the State of
New Mexico supplied from the Navajo Reservoir and the
San Juan River (including tributaries of the River)
under New Mexico State Engineer File Numbers 2849, 2883,
and 3215 in the quantities described in subparagraph
(B).
(B) Water quantities.--The quantities of water
referred to in subparagraph (A) are as follows:
------------------------------------------------------------------------
Diversion Depletion
(acre- (acre-
feet/ feet/
year) year)
------------------------------------------------------------------------
Navajo Indian Irrigation Project 508,000 270,000
Navajo-Gallup Water Supply Project 22,650 20,780
Animas-La Plata Project 4,680 2,340
Total 535,330 293,120
------------------------------------------------------------------------
(C) Maximum quantity.--A diversion of water to the
Nation under the Contract for a project described in
subparagraph (B) shall not exceed the quantity of water
necessary to supply the amount of depletion for the
project.
(D) Terms, conditions, and limitations.--The
diversion and use of water under the Contract shall be
subject to and consistent with the terms, conditions,
and limitations of the Agreement, this subtitle, and any
other applicable law.
(2) Amendments to contract.--The Secretary, with the consent
of the Nation, may amend the Contract if the Secretary
determines that the amendment is--
(A) consistent with the Agreement; and
(B) in the interest of conserving water or
facilitating beneficial use by the Nation or a
subcontractor of the Nation.
(3) Rights of the nation.--The Nation may, under the
Contract--
[[Page 123 STAT. 1398]]
(A) use tail water, wastewater, and return flows
attributable to a use of the water by the Nation or a
subcontractor of the Nation if--
(i) the depletion of water does not exceed the
quantities described in paragraph (1); and
(ii) the use of tail water, wastewater, or
return flows is consistent with the terms,
conditions, and limitations of the Agreement, and
any other applicable law; and
(B) <<NOTE: Arizona.>> change a point of diversion,
change a purpose or place of use, and transfer a right
for depletion under this subtitle (except for a point of
diversion, purpose or place of use, or right for
depletion for use in the State of Arizona under section
10603(b)(2)(D)), to another use, purpose, place, or
depletion in the State of New Mexico to meet a water
resource or economic need of the Nation if--
(i) the change or transfer is subject to and
consistent with the terms of the Agreement, the
Partial Final Decree described in paragraph 3.0 of
the Agreement, the Contract, and any other
applicable law; and
(ii) a change or transfer of water use by the
Nation does not alter any obligation of the United
States, the Nation, or another party to pay or
repay project construction, operation,
maintenance, or replacement costs under this
subtitle and the Contract.
(c) Subcontracts.--
(1) In general.--
(A) Subcontracts between nation and third parties.--
The Nation may enter into subcontracts for the delivery
of Project water under the Contract to third parties for
any beneficial use in the State of New Mexico (on or off
land held by the United States in trust for the Nation
or a member of the Nation or land held in fee by the
Nation).
(B) Approval required.--A subcontract entered into
under subparagraph (A) shall not be effective until
approved by the Secretary in accordance with this
subsection and the Contract.
(C) Submittal.--The Nation shall submit to the
Secretary for approval or disapproval any subcontract
entered into under this subsection.
(D) Deadline.--The Secretary shall approve or
disapprove a subcontract submitted to the Secretary
under subparagraph (C) not later than the later of--
(i) the date that is 180 days after the date
on which the subcontract is submitted to the
Secretary; and
(ii) the date that is 60 days after the date
on which a subcontractor complies with--
(I) section 102(2)(C) of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)); and
(II) any other requirement of
Federal law.
(E) Enforcement.--A party to a subcontract may
enforce the deadline described in subparagraph (D) under
section 1361 of title 28, United States Code.
[[Page 123 STAT. 1399]]
(F) Compliance with other law.--A subcontract
described in subparagraph (A) shall comply with the
Agreement, the Partial Final Decree described in
paragraph 3.0 of the Agreement, and any other applicable
law.
(G) No liability.--The Secretary shall not be liable
to any party, including the Nation, for any term of, or
any loss or other detriment resulting from, a lease,
contract, or other agreement entered into pursuant to
this subsection.
(2) Alienation.--
(A) Permanent alienation.--The Nation shall not
permanently alienate any right granted to the Nation
under the Contract.
(B) Maximum term.--The term of any water use
subcontract (including a renewal) under this subsection
shall be not more than 99 years.
(3) Nonintercourse act compliance.--This subsection--
(A) provides congressional authorization for the
subcontracting rights of the Nation; and
(B) is deemed to fulfill any requirement that may be
imposed by section 2116 of the Revised Statutes (25
U.S.C. 177).
(4) Forfeiture.--The nonuse of the water supply secured by a
subcontractor of the Nation under this subsection shall not
result in forfeiture, abandonment, relinquishment, or other loss
of any part of a right decreed to the Nation under the Contract
or this section.
(5) No per capita payments.--No part of the revenue from a
water use subcontract under this subsection shall be distributed
to any member of the Nation on a per capita basis.
(d) Water Leases Not Requiring Subcontracts.--
(1) Authority of nation.--
(A) In general.--The Nation may lease, contract, or
otherwise transfer to another party or to another
purpose or place of use in the State of New Mexico (on
or off land that is held by the United States in trust
for the Nation or a member of the Nation or held in fee
by the Nation) a water right that--
(i) is decreed to the Nation under the
Agreement; and
(ii) is not subject to the Contract.
(B) Compliance with other law.--In carrying out an
action under this subsection, the Nation shall comply
with the Agreement, the Partial Final Decree described
in paragraph 3.0 of the Agreement, the Supplemental
Partial Final Decree described in paragraph 4.0 of the
Agreement, and any other applicable law.
(2) Alienation; maximum term.--
(A) Alienation.--The Nation shall not permanently
alienate any right granted to the Nation under the
Agreement.
(B) Maximum term.--The term of any water use lease,
contract, or other arrangement (including a renewal)
under this subsection shall be not more than 99 years.
(3) No liability.--The Secretary shall not be liable to any
party, including the Nation, for any term of, or any loss
[[Page 123 STAT. 1400]]
or other detriment resulting from, a lease, contract, or other
agreement entered into pursuant to this subsection.
(4) Nonintercourse act compliance.--This subsection--
(A) provides congressional authorization for the
lease, contracting, and transfer of any water right
described in paragraph (1)(A); and
(B) is deemed to fulfill any requirement that may be
imposed by the provisions of section 2116 of the Revised
Statutes (25 U.S.C. 177).
(5) Forfeiture.--The nonuse of a water right of the Nation
by a lessee or contractor to the Nation under this subsection
shall not result in forfeiture, abandonment, relinquishment, or
other loss of any part of a right decreed to the Nation under
the Contract or this section.
(e) Nullification.--
(1) Deadlines.--
(A) <<NOTE: Applicability.>> In general.--In
carrying out this section, the following deadlines apply
with respect to implementation of the Agreement:
(i) Agreement.--Not later than December 31,
2010, the Secretary shall execute the Agreement.
(ii) Contract.--Not later than December 31,
2010, the Secretary and the Nation shall execute
the Contract.
(iii) Partial final decree.--Not later than
December 31, 2013, the court in the stream
adjudication shall have entered the Partial Final
Decree described in paragraph 3.0 of the
Agreement.
(iv) Fruitland-cambridge irrigation project.--
Not later than December 31, 2016, the
rehabilitation construction of the Fruitland-
Cambridge Irrigation Project authorized under
section 10607(a)(1) shall be completed.
(v) Supplemental partial final decree.--Not
later than December 31, 2016, the court in the
stream adjudication shall enter the Supplemental
Partial Final Decree described in subparagraph 4.0
of the Agreement.
(vi) Hogback-cudei irrigation project.--Not
later than December 31, 2019, the rehabilitation
construction of the Hogback-Cudei Irrigation
Project authorized under section 10607(a)(2) shall
be completed.
(vii) Trust fund.--Not later than December 31,
2019, the United States shall make all deposits
into the Trust Fund under section 10702.
(viii) Conjunctive wells.--Not later than
December 31, 2019, the funds authorized to be
appropriated under section 10609(b)(1) for the
conjunctive use wells authorized under section
10606(b) should be appropriated.
(ix) Navajo-gallup water supply project.--Not
later than December 31, 2024, the construction of
all Project facilities shall be completed.
(B) Extension.--A deadline described in subparagraph
(A) may be extended if the Nation, the United States
(acting through the Secretary), and the State of New
Mexico (acting
[[Page 123 STAT. 1401]]
through the New Mexico Interstate Stream Commission)
agree that an extension is reasonably necessary.
(2) Revocability of agreement, contract and
authorizations.--
(A) Petition.--If the Nation determines that a
deadline described in paragraph (1)(A) is not
substantially met, the Nation may submit to the court in
the stream adjudication a petition to enter an order
terminating the Agreement and Contract.
(B) Termination.--On issuance of an order to
terminate the Agreement and Contract under subparagraph
(A)--
(i) the Trust Fund shall be terminated;
(ii) the balance of the Trust Fund shall be
deposited in the general fund of the Treasury;
(iii) the authorizations for construction and
rehabilitation of water projects under this
subtitle shall be revoked and any Federal activity
related to that construction and rehabilitation
shall be suspended; and
(iv) this part and parts I and III shall be
null and void.
(3) Conditions not causing nullification of settlement.--
(A) In general.--If a condition described in
subparagraph (B) occurs, the Agreement and Contract
shall not be nullified or terminated.
(B) Conditions.--The conditions referred to in
subparagraph (A) are as follows:
(i) A lack of right to divert at the
capacities of conjunctive use wells constructed or
rehabilitated under section 10606.
(ii) A failure--
(I) to determine or resolve an
accounting of the use of water under
this subtitle in the State of Arizona;
(II) to obtain a necessary water
right for the consumptive use of water
in Arizona;
(III) to contract for the delivery
of water for use in Arizona; or
(IV) to construct and operate a
lateral facility to deliver water to a
community of the Nation in Arizona,
under the Project.
(f) Effect on Rights of Indian Tribes.--
(1) In general.--Except as provided in paragraph (2),
nothing in the Agreement, the Contract, or this section
quantifies or adversely affects the land and water rights, or
claims or entitlements to water, of any Indian tribe or
community other than the rights, claims, or entitlements of the
Nation in, to, and from the San Juan River Basin in the State of
New Mexico.
(2) Exception.--The right of the Nation to use water under
water rights the Nation has in other river basins in the State
of New Mexico shall be forborne to the extent that the Nation
supplies the uses for which the water rights exist by diversions
of water from the San Juan River Basin under the Project
consistent with subparagraph 9.13 of the Agreement.
[[Page 123 STAT. 1402]]
SEC. 10702. TRUST FUND.
(a) Establishment.--There is established in the Treasury a fund to
be known as the ``Navajo Nation Water Resources Development Trust
Fund'', consisting of--
(1) such amounts as are appropriated to the Trust Fund under
subsection (f); and
(2) any interest earned on investment of amounts in the
Trust Fund under subsection (d).
(b) Use of Funds.--The Nation may use amounts in the Trust Fund--
(1) to investigate, construct, operate, maintain, or replace
water project facilities, including facilities conveyed to the
Nation under this subtitle and facilities owned by the United
States for which the Nation is responsible for operation,
maintenance, and replacement costs; and
(2) to investigate, implement, or improve a water
conservation measure (including a metering or monitoring
activity) necessary for the Nation to make use of a water right
of the Nation under the Agreement.
(c) Management.--The Secretary shall manage the Trust Fund, invest
amounts in the Trust Fund pursuant to subsection (d), and make amounts
available from the Trust Fund for distribution to the Nation in
accordance with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(d) <<NOTE: Effective date.>> Investment of the Trust Fund.--
Beginning on October 1, 2019, the Secretary shall invest amounts in the
Trust Fund in accordance with--
(1) the Act of April 1, 1880 (25 U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (25 U.S.C.
162a); and
(3) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(e) Conditions for Expenditures and Withdrawals.--
(1) Tribal management plan.--
(A) In general.--Subject to paragraph (7), on
approval by the Secretary of a tribal management plan in
accordance with the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.),
the Nation may withdraw all or a portion of the amounts
in the Trust Fund.
(B) Requirements.--In addition to any requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
management plan shall require that the Nation only use
amounts in the Trust Fund for the purposes described in
subsection (b), including the identification of water
conservation measures to be implemented in association
with the agricultural water use of the Nation.
(2) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any amounts withdrawn from the
Trust Fund are used in accordance with this subtitle.
(3) No liability.--Neither the Secretary nor the Secretary
of the Treasury shall be liable for the expenditure or
investment of any amounts withdrawn from the Trust Fund by the
Nation.
(4) Expenditure plan.--
[[Page 123 STAT. 1403]]
(A) In general.--The Nation shall submit to the
Secretary for approval an expenditure plan for any
portion of the amounts in the Trust Fund made available
under this section that the Nation does not withdraw
under this subsection.
(B) Description.--The expenditure plan shall
describe the manner in which, and the purposes for
which, funds of the Nation remaining in the Trust Fund
will be used.
(C) Approval.--On receipt of an expenditure plan
under subparagraph (A), the Secretary shall approve the
plan if the Secretary determines that the plan is
reasonable and consistent with this subtitle.
(5) Annual report.--The Nation shall submit to the Secretary
an annual report that describes any expenditures from the Trust
Fund during the year covered by the report.
(6) Limitation.--No portion of the amounts in the Trust Fund
shall be distributed to any Nation member on a per capita basis.
(7) Conditions.--Any amount authorized to be appropriated to
the Trust Fund under subsection (f) shall not be available for
expenditure or withdrawal--
(A) before December 31, 2019; and
(B) until the date on which the court in the stream
adjudication has entered--
(i) the Partial Final Decree; and
(ii) the Supplemental Partial Final Decree.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for deposit in the Trust Fund--
(1) $6,000,000 for each of fiscal years 2010 through 2014;
and
(2) $4,000,000 for each of fiscal years 2015 through 2019.
SEC. 10703. WAIVERS AND RELEASES.
(a) Claims by the Nation and the United States.--In return for
recognition of the Nation's water rights and other benefits, including
but not limited to the commitments by other parties, as set forth in the
Agreement and this subtitle, the Nation, on behalf of itself and members
of the Nation (other than members in the capacity of the members as
allottees), and the United States acting in its capacity as trustee for
the Nation, shall execute a waiver and release of--
(1) all claims for water rights in, or for waters of, the
San Juan River Basin in the State of New Mexico that the Nation,
or the United States as trustee for the Nation, asserted, or
could have asserted, in any proceeding, including but not
limited to the stream adjudication, up to and including the
effective date described in subsection (e), except to the extent
that such rights are recognized in the Agreement or this
subtitle;
(2) all claims for damages, losses, or injuries to water
rights or claims of interference with, diversion, or taking of
water (including but not limited to claims for injury to lands
resulting from such damages, losses, injuries, interference
with, diversion, or taking) in the San Juan River Basin in the
State of New Mexico that accrued at any time up to and including
the effective date described in subsection (e);
[[Page 123 STAT. 1404]]
(3) all claims of any damage, loss, or injury or for
injunctive or other relief because of the condition of or
changes in water quality related to, or arising out of, the
exercise of water rights; and
(4) all claims against the State of New Mexico, its
agencies, or employees relating to the negotiation or the
adoption of the Agreement.
(b) Claims by the Nation Against the United States.--The Nation, on
behalf of itself and its members (other than in the capacity of the
members as allottees), shall execute a waiver and release of--
(1) all claims against the United States, its agencies, or
employees relating to claims for water rights in or waters of
the San Juan River Basin in the State of New Mexico that the
United States, acting in its capacity as trustee for the Nation,
asserted, or could have asserted, in any proceeding, including
but not limited to the stream adjudication;
(2) all claims against the United States, its agencies, or
employees relating to damages, losses, or injuries to water,
water rights, land, or natural resources due to loss of water or
water rights (including but not limited to damages, losses, or
injuries to hunting, fishing, gathering, or cultural rights due
to loss of water or water rights; claims relating to inference
with, diversion, or taking of water or water rights; or claims
relating to failure to protect, acquire, replace, or develop
water or water rights) in the San Juan River Basin in the State
of New Mexico that first accrued at any time up to and including
the effective date described in subsection (e);
(3) all claims against the United States, its agencies, or
employees relating to the pending litigation of claims relating
to the Nation's water rights in the stream adjudication; and
(4) all claims against the United States, its agencies, or
employees relating to the negotiation, execution, or the
adoption of the Agreement, the decrees, the Contract, or this
subtitle.
(c) Reservation of Claims.--Notwithstanding the waivers and releases
authorized in this subtitle, the Nation on behalf of itself and its
members (including members in the capacity of the members as allottees)
and the United States acting in its capacity as trustee for the Nation
and allottees, retain--
(1) all claims for water rights or injuries to water rights
arising out of activities occurring outside the San Juan River
Basin in the State of New Mexico, subject to paragraphs 8.0,
9.3, 9.12, 9.13, and 13.9 of the Agreement;
(2) all claims for enforcement of the Agreement, the
Contract, the Partial Final Decree, the Supplemental Partial
Final Decree, or this subtitle, through any legal and equitable
remedies available in any court of competent jurisdiction;
(3) all rights to use and protect water rights acquired
pursuant to State law after the date of enactment of this Act;
(4) all claims relating to activities affecting the quality
of water not related to the exercise of water rights, including
but not limited to any claims the Nation might have under--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
[[Page 123 STAT. 1405]]
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(5) all claims relating to damages, losses, or injuries to
land or natural resources not due to loss of water or water
rights; and
(6) all rights, remedies, privileges, immunities, and powers
not specifically waived and released under the terms of the
Agreement or this subtitle.
(d) Tolling of Claims.--
(1) <<NOTE: Time period.>> In general.--Each applicable
period of limitation and time-based equitable defense relating
to a claim described in this section shall be tolled for the
period beginning on the date of enactment of this Act and ending
on the earlier of--
(A) March 1, 2025; or
(B) the effective date described in subsection (e).
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitations or any time-based equitable
defense under any other applicable law.
(e) Effective Date.--
(1) <<NOTE: Federal Register, publication.>> In general.--
The waivers and releases described in subsections (a) and (b)
shall be effective on the date on which the Secretary publishes
in the Federal Register a statement of findings documenting that
each of the deadlines described in section 10701(e)(1) have been
met.
(2) Deadline.--If the deadlines described in section
10701(e)(1)(A) have not been met by the later of March 1, 2025,
or the date of any extension under section 10701(e)(1)(B)--
(A) the waivers and releases described in
subsections (a) and (b) shall be of no effect; and
(B) <<NOTE: Applicability.>> section 10701(e)(2)(B)
shall apply.
SEC. 10704. WATER RIGHTS HELD IN TRUST.
A tribal water right adjudicated and described in paragraph 3.0 of
the Partial Final Decree and in paragraph 3.0 of the Supplemental
Partial Final Decree shall be held in trust by the United States on
behalf of the Nation.
Subtitle <<NOTE: Nevada.>> C--Shoshone-Paiute Tribes of the Duck Valley
Reservation Water Rights Settlement
SEC. 10801. FINDINGS.
Congress finds that--
(1) it is the policy of the United States, in accordance
with the trust responsibility of the United States to Indian
tribes, to promote Indian self-determination and economic self-
sufficiency and to settle Indian water rights claims without
lengthy and costly litigation, if practicable;
[[Page 123 STAT. 1406]]
(2) quantifying rights to water and development of
facilities needed to use tribal water supplies is essential to
the development of viable Indian reservation economies and the
establishment of a permanent reservation homeland;
(3) uncertainty concerning the extent of the Shoshone-Paiute
Tribes' water rights has resulted in limited access to water and
inadequate financial resources necessary to achieve self-
determination and self-sufficiency;
(4) in 2006, the Tribes, the State of Idaho, the affected
individual water users, and the United States resolved all
tribal claims to water rights in the Snake River Basin
Adjudication through a consent decree entered by the District
Court of the Fifth Judicial District of the State of Idaho,
requiring no further Federal action to quantify the Tribes'
water rights in the State of Idaho;
(5) as of the date of enactment of this Act, proceedings to
determine the extent and nature of the water rights of the
Tribes in the East Fork of the Owyhee River in Nevada are
pending before the Nevada State Engineer;
(6) final resolution of the Tribes' water claims in the East
Fork of the Owyhee River adjudication will--
(A) take many years;
(B) entail great expense;
(C) continue to limit the access of the Tribes to
water, with economic and social consequences;
(D) prolong uncertainty relating to the availability
of water supplies; and
(E) seriously impair long-term economic planning and
development for all parties to the litigation;
(7) after many years of negotiation, the Tribes, the State,
and the upstream water users have entered into a settlement
agreement to resolve permanently all water rights of the Tribes
in the State; and
(8) the Tribes also seek to resolve certain water-related
claims for damages against the United States.
SEC. 10802. PURPOSES.
The purposes of this subtitle are--
(1) to resolve outstanding issues with respect to the East
Fork of the Owyhee River in the State in such a manner as to
provide important benefits to--
(A) the United States;
(B) the State;
(C) the Tribes; and
(D) the upstream water users;
(2) to achieve a fair, equitable, and final settlement of
all claims of the Tribes, members of the Tribes, and the United
States on behalf of the Tribes and members of Tribes to the
waters of the East Fork of the Owyhee River in the State;
(3) to ratify and provide for the enforcement of the
Agreement among the parties to the litigation;
(4) to resolve the Tribes' water-related claims for damages
against the United States;
(5) to require the Secretary to perform all obligations of
the Secretary under the Agreement and this subtitle; and
[[Page 123 STAT. 1407]]
(6) to authorize the actions and appropriations necessary to
meet the obligations of the United States under the Agreement
and this subtitle.
SEC. 10803. DEFINITIONS.
In this subtitle:
(1) Agreement.--The term ``Agreement'' means the agreement
entitled the ``Agreement to Establish the Relative Water Rights
of the Shoshone-Paiute Tribes of the Duck Valley Reservation and
the Upstream Water Users, East Fork Owyhee River'' and signed in
counterpart between, on, or about September 22, 2006, and
January 15, 2007 (including all attachments to that Agreement).
(2) Development fund.--The term ``Development Fund'' means
the Shoshone-Paiute Tribes Water Rights Development Fund
established by section 10807(b)(1).
(3) East fork of the owyhee river.--The term ``East Fork of
the Owyhee River'' means the portion of the east fork of the
Owyhee River that is located in the State.
(4) Maintenance fund.--The term ``Maintenance Fund'' means
the Shoshone-Paiute Tribes Operation and Maintenance Fund
established by section 10807(c)(1).
(5) Reservation.--The term ``Reservation'' means the Duck
Valley Reservation established by the Executive order dated
April 16, 1877, as adjusted pursuant to the Executive order
dated May 4, 1886, and Executive order numbered 1222 and dated
July 1, 1910, for use and occupation by the Western Shoshones
and the Paddy Cap Band of Paiutes.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Nevada.
(8) Tribal water rights.--The term ``tribal water rights''
means rights of the Tribes described in the Agreement relating
to water, including groundwater, storage water, and surface
water.
(9) Tribes.--The term ``Tribes'' means the Shoshone-Paiute
Tribes of the Duck Valley Reservation.
(10) Upstream water user.--The term ``upstream water user''
means a non-Federal water user that--
(A) is located upstream from the Reservation on the
East Fork of the Owyhee River; and
(B) is a signatory to the Agreement as a party to
the East Fork of the Owyhee River adjudication.
SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT;
AUTHORIZATION.
(a) In General.--Except as provided in subsection (c) and except to
the extent that the Agreement otherwise conflicts with provisions of
this subtitle, the Agreement is approved, ratified, and confirmed.
(b) Secretarial Authorization.--The Secretary is authorized and
directed to execute the Agreement as approved by Congress.
(c) Exception for Tribal Water Marketing.--Notwithstanding any
language in the Agreement to the contrary, nothing in this subtitle
authorizes the Tribes to use or authorize others to use tribal water
rights off the Reservation, other than use for storage at Wild Horse
Reservoir for use on tribal land and for
[[Page 123 STAT. 1408]]
the allocation of 265 acre feet to upstream water users under the
Agreement, or use on tribal land off the Reservation.
(d) Environmental Compliance.--Execution of the Agreement by the
Secretary under this section shall not constitute major Federal action
under the National Environmental Policy Act (42 U.S.C. 4321 et seq.).
The Secretary shall carry out all environmental compliance required by
Federal law in implementing the Agreement.
(e) Performance of Obligations.--The Secretary and any other head of
a Federal agency obligated under the Agreement shall perform actions
necessary to carry out an obligation under the Agreement in accordance
with this subtitle.
SEC. 10805. TRIBAL WATER RIGHTS.
(a) In General.--Tribal water rights shall be held in trust by the
United States for the benefit of the Tribes.
(b) Administration.--
(1) <<NOTE: Deadline.>> Enactment of water code.--Not later
than 3 years after the date of enactment of this Act, the
Tribes, in accordance with provisions of the Tribes'
constitution and subject to the approval of the Secretary, shall
enact a water code to administer tribal water rights.
(2) <<NOTE: Regulations. Time period.>> Interim
administration.--The Secretary shall regulate the tribal water
rights during the period beginning on the date of enactment of
this Act and ending on the date on which the Tribes enact a
water code under paragraph (1).
(c) Tribal Water Rights Not Subject to Loss.--The tribal water
rights shall not be subject to loss by abandonment, forfeiture, or
nonuse.
SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT.
(a) Status of the Duck Valley Indian Irrigation Project.--Nothing in
this subtitle shall affect the status of the Duck Valley Indian
Irrigation Project under Federal law.
(b) Capital Costs Nonreimbursable.--The capital costs associated
with the Duck Valley Indian Irrigation Project as of the date of
enactment of this Act, including any capital cost incurred with funds
distributed under this subtitle for the Duck Valley Indian Irrigation
Project, shall be nonreimbursable.
SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS.
(a) Definition of Funds.--In this section, the term ``Funds''
means--
(1) the Development Fund; and
(2) the Maintenance Fund.
(b) Development Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Shoshone-Paiute
Tribes Water Rights Development Fund''.
(2) Use of funds.--
(A) Priority use of funds for rehabilitation.--The
Tribes shall use amounts in the Development Fund to--
(i) rehabilitate the Duck Valley Indian
Irrigation Project; or
(ii) <<NOTE: Notification.>> for other
purposes under subparagraph (B), provided that the
Tribes have given written notification to the
Secretary that--
[[Page 123 STAT. 1409]]
(I) the Duck Valley Indian
Irrigation Project has been
rehabilitated to an acceptable
condition; or
(II) sufficient funds will remain
available from the Development Fund to
rehabilitate the Duck Valley Indian
Irrigation Project to an acceptable
condition after expending funds for
other purposes under subparagraph (B).
(B) Other uses of funds.--Once the Tribes have
provided written notification as provided in
subparagraph (A)(ii)(I) or (A)(ii)(II), the Tribes may
use amounts from the Development Fund for any of the
following purposes:
(i) To expand the Duck Valley Indian
Irrigation Project.
(ii) To pay or reimburse costs incurred by the
Tribes in acquiring land and water rights.
(iii) For purposes of cultural preservation.
(iv) To restore or improve fish or wildlife
habitat.
(v) For fish or wildlife production, water
resource development, or agricultural development.
(vi) For water resource planning and
development.
(vii) To pay the costs of--
(I) designing and constructing water
supply and sewer systems for tribal
communities, including a water quality
testing laboratory;
(II) other appropriate water-related
projects and other related economic
development projects;
(III) the development of a water
code; and
(IV) other costs of implementing the
Agreement.
(3) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary for deposit in the Development
Fund $9,000,000 for each of fiscal years 2010 through 2014.
(c) Maintenance Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Shoshone-Paiute
Tribes Operation and Maintenance Fund''.
(2) Use of funds.--The Tribes shall use amounts in the
Maintenance Fund to pay or provide reimbursement for--
(A) operation, maintenance, and replacement costs of
the Duck Valley Indian Irrigation Project and other
water-related projects funded under this subtitle; or
(B) operation, maintenance, and replacement costs of
water supply and sewer systems for tribal communities,
including the operation and maintenance costs of a water
quality testing laboratory.
(3) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary for deposit in the Maintenance
Fund $3,000,000 for each of fiscal years 2010 through 2014.
(d) Availability of Amounts From Funds.--Amounts made available
under subsections (b)(3) and (c)(3) shall be available for expenditure
or withdrawal only after the effective date described in section
10808(d).
(e) Administration of Funds.--Upon completion of the actions
described in section 10808(d), the Secretary, in accordance with
[[Page 123 STAT. 1410]]
the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.) shall manage the Funds, including by investing amounts
from the Funds in accordance with the Act of April 1, 1880 (25 U.S.C.
161), and the first section of the Act of June 24, 1938 (25 U.S.C.
162a).
(f) Expenditures and Withdrawal.--
(1) Tribal management plan.--
(A) In general.--The Tribes may withdraw all or part
of amounts in the Funds on approval by the Secretary of
a tribal management plan as described in the American
Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
management plan shall require that the Tribes spend any
amounts withdrawn from the Funds in accordance with the
purposes described in subsection (b)(2) or (c)(2).
(C) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any
tribal management plan to ensure that any amounts
withdrawn from the Funds under the plan are used in
accordance with this subtitle and the Agreement.
(D) Liability.--If the Tribes exercise the right to
withdraw amounts from the Funds, neither the Secretary
nor the Secretary of the Treasury shall retain any
liability for the expenditure or investment of the
amounts.
(2) Expenditure plan.--
(A) In general.--The Tribes shall submit to the
Secretary for approval an expenditure plan for any
portion of the amounts in the Funds that the Tribes do
not withdraw under the tribal management plan.
(B) Description.--The expenditure plan shall
describe the manner in which, and the purposes for
which, amounts of the Tribes remaining in the Funds will
be used.
(C) Approval.--On receipt of an expenditure plan
under subparagraph (A), the Secretary shall approve the
plan if the Secretary determines that the plan is
reasonable and consistent with this subtitle and the
Agreement.
(D) Annual report.--For each Fund, the Tribes shall
submit to the Secretary an annual report that describes
all expenditures from the Fund during the year covered
by the report.
(3) Funding agreement.--Notwithstanding any other provision
of this subtitle, on receipt of a request from the Tribes, the
Secretary shall include an amount from funds made available
under this section in the funding agreement of the Tribes under
title IV of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458aa et seq.), for use in accordance
with subsections (b)(2) and (c)(2). No amount made available
under this subtitle may be requested until the waivers under
section 10808(a) take effect.
(g) No Per Capita Payments.--No amount from the Funds (including any
interest income that would have accrued to the Funds after the effective
date) shall be distributed to a member of the Tribes on a per capita
basis.
[[Page 123 STAT. 1411]]
SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS.
(a) Waiver and Release of Claims by Tribes and United States Acting
as Trustee for Tribes.--In return for recognition of the Tribes' water
rights and other benefits as set forth in the Agreement and this
subtitle, the Tribes, on behalf of themselves and their members, and the
United States acting in its capacity as trustee for the Tribes are
authorized to execute a waiver and release of--
(1) all claims for water rights in the State of Nevada that
the Tribes, or the United States acting in its capacity as
trustee for the Tribes, asserted, or could have asserted, in any
proceeding, including pending proceedings before the Nevada
State Engineer to determine the extent and nature of the water
rights of the Tribes in the East Fork of the Owyhee River in
Nevada, up to and including the effective date, except to the
extent that such rights are recognized in the Agreement or this
subtitle; and
(2) all claims for damages, losses or injuries to water
rights or claims of interference with, diversion or taking of
water rights (including claims for injury to lands resulting
from such damages, losses, injuries, interference with,
diversion, or taking of water rights) within the State of Nevada
that accrued at any time up to and including the effective date.
(b) Waiver and Release of Claims by Tribes Against United States.--
The Tribes, on behalf of themselves and their members, are authorized to
execute a waiver and release of--
(1) all claims against the United States, its agencies, or
employees, relating in any manner to claims for water rights in
or water of the States of Nevada and Idaho that the United
States acting in its capacity as trustee for the Tribes
asserted, or could have asserted, in any proceeding, including
pending proceedings before the Nevada State Engineer to
determine the extent and nature of the water rights of the
Tribes in the East Fork of the Owyhee River in Nevada, and the
Snake River Basin Adjudication in Idaho;
(2) all claims against the United States, its agencies, or
employees relating in any manner to damages, losses, or injuries
to water, water rights, land, or other resources due to loss of
water or water rights (including damages, losses or injuries to
fishing and other similar rights due to loss of water or water
rights; claims relating to interference with, diversion or
taking of water; or claims relating to failure to protect,
acquire, replace, or develop water, water rights or water
infrastructure) within the States of Nevada and Idaho that first
accrued at any time up to and including the effective date;
(3) all claims against the United States, its agencies, or
employees relating to the operation, maintenance, or
rehabilitation of the Duck Valley Indian Irrigation Project that
first accrued at any time up to and including the date upon
which the Tribes notify the Secretary as provided in section
10807(b)(2)(A)(ii)(I) that the rehabilitation of the Duck Valley
Indian Irrigation Project under this subtitle to an acceptable
level has been accomplished;
(4) all claims against the United States, its agencies, or
employees relating in any manner to the litigation of claims
relating to the Tribes' water rights in pending proceedings
[[Page 123 STAT. 1412]]
before the Nevada State Engineer to determine the extent and
nature of the water rights of the Tribes in the East Fork of the
Owyhee River in Nevada or the Snake River Basin Adjudication in
Idaho; and
(5) all claims against the United States, its agencies, or
employees relating in any manner to the negotiation, execution,
or adoption of the Agreement, exhibits thereto, the decree
referred to in subsection (d)(2), or this subtitle.
(c) Reservation of Rights and Retention of Claims.--Notwithstanding
the waivers and releases authorized in this subtitle, the Tribes on
their own behalf and the United States acting in its capacity as trustee
for the Tribes retain--
(1) all claims for enforcement of the Agreement, the decree
referred to in subsection (d)(2), or this subtitle, through such
legal and equitable remedies as may be available in the decree
court or the appropriate Federal court;
(2) all rights to acquire a water right in a State to the
same extent as any other entity in the State, in accordance with
State law, and to use and protect water rights acquired after
the date of enactment of this Act;
(3) all claims relating to activities affecting the quality
of water including any claims the Tribes might have under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including claims
for damages to natural resources), the Safe Drinking Water Act
(42 U.S.C. 300f et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), and the regulations implementing
those Acts; and
(4) all rights, remedies, privileges, immunities, and powers
not specifically waived and released pursuant to this subtitle.
(d) <<NOTE: Federal Register, publication.>> Effective Date.--
Notwithstanding anything in the Agreement to the contrary, the waivers
by the Tribes, or the United States on behalf of the Tribes, under this
section shall take effect on the date on which the Secretary publishes
in the Federal Register a statement of findings that includes a finding
that--
(1) the Agreement and the waivers and releases authorized
and set forth in subsections (a) and (b) have been executed by
the parties and the Secretary;
(2) the Fourth Judicial District Court, Elko County, Nevada,
has issued a judgment and decree consistent with the Agreement
from which no further appeal can be taken; and
(3) the amounts authorized under subsections (b)(3) and
(c)(3) of section 10807 have been appropriated.
(e) <<NOTE: Deadline.>> Failure To Publish Statement of Findings.--
If the Secretary does not publish a statement of findings under
subsection (d) by March 31, 2016--
(1) the Agreement and this subtitle shall not take effect;
and
(2) <<NOTE: Reversion.>> any funds that have been
appropriated under this subtitle shall immediately revert to the
general fund of the United States Treasury.
(f) Tolling of Claims.--
(1) <<NOTE: Time period.>> In general.--Each applicable
period of limitation and time-based equitable defense relating
to a claim described in this section shall be tolled for the
period beginning on the date of enactment of this Act and ending
on the date on which
[[Page 123 STAT. 1413]]
the amounts authorized to be appropriated under subsections
(b)(3) and (c)(3) of section 10807 are appropriated.
(2) Effect of subparagraph.--Nothing in this subparagraph
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
SEC. 10809. MISCELLANEOUS.
(a) General Disclaimer.--The parties to the Agreement expressly
reserve all rights not specifically granted, recognized, or relinquished
by--
(1) the settlement described in the Agreement; or
(2) this subtitle.
(b) Limitation of Claims and Rights.--Nothing in this subtitle--
(1) establishes a standard for quantifying--
(A) a Federal reserved water right;
(B) an aboriginal claim; or
(C) any other water right claim of an Indian tribe
in a judicial or administrative proceeding;
(2) affects the ability of the United States, acting in its
sovereign capacity, to take actions authorized by law, including
any laws relating to health, safety, or the environment,
including the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly
known as the ``Resource Conservation and Recovery Act of
1976''), and the regulations implementing those Acts;
(3) affects the ability of the United States to take
actions, acting in its capacity as trustee for any other Tribe,
Pueblo, or allottee;
(4) waives any claim of a member of the Tribes in an
individual capacity that does not derive from a right of the
Tribes; or
(5) limits the right of a party to the Agreement to litigate
any issue not resolved by the Agreement or this subtitle.
(c) Admission Against Interest.--Nothing in this subtitle
constitutes an admission against interest by a party in any legal
proceeding.
(d) Reservation.--The Reservation shall be--
(1) considered to be the property of the Tribes; and
(2) permanently held in trust by the United States for the
sole use and benefit of the Tribes.
(e) Jurisdiction.--
(1) Subject matter jurisdiction.--Nothing in the Agreement
or this subtitle restricts, enlarges, or otherwise determines
the subject matter jurisdiction of any Federal, State, or tribal
court.
(2) Civil or regulatory jurisdiction.--Nothing in the
Agreement or this subtitle impairs or impedes the exercise of
any civil or regulatory authority of the United States, the
State, or the Tribes.
(3) Consent to jurisdiction.--The United States consents to
jurisdiction in a proper forum for purposes of enforcing the
provisions of the Agreement.
[[Page 123 STAT. 1414]]
(4) Effect of subsection.--Nothing in this subsection
confers jurisdiction on any State court to--
(A) interpret Federal law regarding the health,
safety, or the environment or determine the duties of
the United States or other parties pursuant to such
Federal law; or
(B) conduct judicial review of a Federal agency
action.
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEOLOGIC MAPPING ACT
OF 1992.
(a) Findings.--Section 2(a) of the National Geologic Mapping Act of
1992 (43 U.S.C. 31a(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) although significant progress has been made in the
production of geologic maps since the establishment of the
national cooperative geologic mapping program in 1992, no
modern, digital, geologic map exists for approximately 75
percent of the United States;''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by inserting ``homeland
and'' after ``planning for'';
(B) in subparagraph (E), by striking ``predicting''
and inserting ``identifying'';
(C) in subparagraph (I), by striking ``and'' after
the semicolon at the end;
(D) by redesignating subparagraph (J) as
subparagraph (K); and
(E) by inserting after subparagraph (I) the
following:
``(J) recreation and public awareness; and''; and
(3) in paragraph (9), by striking ``important'' and
inserting ``available''.
(b) Purpose.--Section 2(b) of the National Geologic Mapping Act of
1992 (43 U.S.C. 31a(b)) is amended by inserting ``and management''
before the period at the end.
(c) Deadlines for Actions by the United States Geological Survey.--
Section 4(b)(1) of the National Geologic Mapping Act of 1992 (43 U.S.C.
31c(b)(1)) is amended in the second sentence--
(1) in subparagraph (A), by striking ``not later than'' and
all that follows through the semicolon and inserting ``not later
than 1 year after the date of enactment of the Omnibus Public
Land Management Act of 2009;'';
(2) in subparagraph (B), by striking ``not later than'' and
all that follows through ``in accordance'' and inserting ``not
later than 1 year after the date of enactment of the Omnibus
Public Land Management Act of 2009 in accordance''; and
(3) in the matter preceding clause (i) of subparagraph (C),
by striking ``not later than'' and all that follows through
``submit'' and inserting ``submit biennially''.
(d) Geologic Mapping Program Objectives.--Section 4(c)(2) of the
National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) is amended--
(1) by striking ``geophysical-map data base, geochemical-map
data base, and a''; and
(2) by striking ``provide'' and inserting ``provides''.
[[Page 123 STAT. 1415]]
(e) Geologic Mapping Program Components.--Section 4(d)(1)(B)(ii) of
the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(d)(1)(B)(ii))
is amended--
(1) in subclause (I), by striking ``and'' after the
semicolon at the end;
(2) in subclause (II), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(III) the needs of land management
agencies of the Department of the
Interior.''.
(f) Geologic Mapping Advisory Committee.--
(1) Membership.--Section 5(a) of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended--
(A) in paragraph (2)--
(i) by inserting ``the Secretary of the
Interior or a designee from a land management
agency of the Department of the Interior,'' after
``Administrator of the Environmental Protection
Agency or a designee,'';
(ii) by inserting ``and'' after ``Energy or a
designee,''; and
(iii) by striking ``, and the Assistant to the
President for Science and Technology or a
designee''; and
(B) in paragraph (3)--
(i) by striking ``Not later than'' and all
that follows through ``consultation'' and
inserting ``In consultation'';
(ii) by striking ``Chief Geologist, as
Chairman'' and inserting ``Associate Director for
Geology, as Chair''; and
(iii) by striking ``one representative from
the private sector'' and inserting ``2
representatives from the private sector''.
(2) Duties.--Section 5(b) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31d(b)) is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following:
``(3) provide a scientific overview of geologic maps
(including maps of geologic-based hazards) used or disseminated
by Federal agencies for regulation or land-use planning; and''.
(3) Conforming amendment.--Section 5(a)(1) of the National
Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) is amended by
striking ``10-member'' and inserting ``11-member''.
(g) Functions of National Geologic-Map Database.--Section 7(a) of
the National Geologic Mapping Act of 1992 (43 U.S.C. 31f(a)) is
amended--
(1) in paragraph (1), by striking ``geologic map'' and
inserting ``geologic-map''; and
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) all maps developed with funding provided by
the National Cooperative Geologic Mapping Program,
including under the Federal, State, and education
components;''.
(h) Biennial Report.--Section 8 of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31g) is amended by striking ``Not later'' and all
that follows through ``biennially'' and inserting ``Not
[[Page 123 STAT. 1416]]
later than 3 years after the date of enactment of the Omnibus Public
Land Management Act of 2009 and biennially''.
(i) Authorization of Appropriations; Allocation.--Section 9 of the
National Geologic Mapping Act of 1992 (43 U.S.C. 31h) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There is authorized to be appropriated to carry
out this Act $64,000,000 for each of fiscal years 2009 through 2018.'';
and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``2000'' and inserting ``2005'';
(B) in paragraph (1), by striking ``48'' and
inserting ``50''; and
(C) in paragraph (2), by striking 2 and inserting
``4''.
SEC. 11002. NEW MEXICO WATER RESOURCES STUDY.
(a) In General.--The Secretary of the Interior, acting through the
Director of the United States Geological Survey (referred to in this
section as the ``Secretary''), in coordination with the State of New
Mexico (referred to in this section as the ``State'') and any other
entities that the Secretary determines to be appropriate (including
other Federal agencies and institutions of higher education), shall, in
accordance with this section and any other applicable law, conduct a
study of water resources in the State, including--
(1) a survey of groundwater resources, including an analysis
of--
(A) aquifers in the State, including the quantity of
water in the aquifers;
(B) the availability of groundwater resources for
human use;
(C) the salinity of groundwater resources;
(D) the potential of the groundwater resources to
recharge;
(E) the interaction between groundwater and surface
water;
(F) the susceptibility of the aquifers to
contamination; and
(G) any other relevant criteria; and
(2) a characterization of surface and bedrock geology,
including the effect of the geology on groundwater yield and
quality.
(b) Study Areas.--The study carried out under subsection (a) shall
include the Estancia Basin, Salt Basin, Tularosa Basin, Hueco Basin, and
middle Rio Grande Basin in the State.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources of the
House of Representatives a report that describes the results of the
study.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
[[Page 123 STAT. 1417]]
TITLE XII--OCEANS
Subtitle A--Ocean Exploration
PART I--EXPLORATION
SEC. 12001. <<NOTE: 33 USC 3401.>> PURPOSE.
The purpose of this part is to establish the national ocean
exploration program and the national undersea research program within
the National Oceanic and Atmospheric Administration.
SEC. 12002. <<NOTE: 33 USC 3402.>> PROGRAM ESTABLISHED.
The Administrator of the National Oceanic and Atmospheric
Administration shall, in consultation with the National Science
Foundation and other appropriate Federal agencies, establish a
coordinated national ocean exploration program within the National
Oceanic and Atmospheric Administration that promotes collaboration with
other Federal ocean and undersea research and exploration programs. To
the extent appropriate, the Administrator shall seek to facilitate
coordination of data and information management systems, outreach and
education programs to improve public understanding of ocean and coastal
resources, and development and transfer of technologies to facilitate
ocean and undersea research and exploration.
SEC. 12003. <<NOTE: 33 USC 3403.>> POWERS AND DUTIES OF THE
ADMINISTRATOR.
(a) In General.--In carrying out the program authorized by section
12002, the Administrator of the National Oceanic and Atmospheric
Administration shall--
(1) conduct interdisciplinary voyages or other scientific
activities in conjunction with other Federal agencies or
academic or educational institutions, to explore and survey
little known areas of the marine environment, inventory,
observe, and assess living and nonliving marine resources, and
report such findings;
(2) give priority attention to deep ocean regions, with a
focus on deep water marine systems that hold potential for
important scientific discoveries, such as hydrothermal vent
communities and seamounts;
(3) conduct scientific voyages to locate, define, and
document historic shipwrecks, submerged sites, and other ocean
exploration activities that combine archaeology and
oceanographic sciences;
(4) develop and implement, in consultation with the National
Science Foundation, a transparent, competitive process for
merit-based peer-review and approval of proposals for activities
to be conducted under this program, taking into consideration
advice of the Board established under section 12005;
(5) enhance the technical capability of the United States
marine science community by promoting the development of
improved oceanographic research, communication, navigation, and
data collection systems, as well as underwater platforms and
sensor and autonomous vehicles; and
(6) establish an ocean exploration forum to encourage
partnerships and promote communication among experts and other
[[Page 123 STAT. 1418]]
stakeholders in order to enhance the scientific and technical
expertise and relevance of the national program.
(b) Donations.--The Administrator may accept donations of property,
data, and equipment to be applied for the purpose of exploring the
oceans or increasing knowledge of the oceans.
SEC. 12004. <<NOTE: 33 USC 3404.>> OCEAN EXPLORATION AND UNDERSEA
RESEARCH TECHNOLOGY AND INFRASTRUCTURE
TASK FORCE.
(a) <<NOTE: Establishment. Strategic plan.>> In General.--The
Administrator of the National Oceanic and Atmospheric Administration, in
coordination with the National Science Foundation, the National
Aeronautics and Space Administration, the United States Geological
Survey, the Department of the Navy, the Mineral Management Service, and
relevant governmental, non-governmental, academic, industry, and other
experts, shall convene an ocean exploration and undersea research
technology and infrastructure task force to develop and implement a
strategy--
(1) to facilitate transfer of new exploration and undersea
research technology to the programs authorized under this part
and part II of this subtitle;
(2) to improve availability of communications
infrastructure, including satellite capabilities, to such
programs;
(3) to develop an integrated, workable, and comprehensive
data management information processing system that will make
information on unique and significant features obtained by such
programs available for research and management purposes;
(4) to conduct public outreach activities that improve the
public understanding of ocean science, resources, and processes,
in conjunction with relevant programs of the National Oceanic
and Atmospheric Administration, the National Science Foundation,
and other agencies; and
(5) to encourage cost-sharing partnerships with governmental
and nongovernmental entities that will assist in transferring
exploration and undersea research technology and technical
expertise to the programs.
(b) Budget Coordination.--The task force shall coordinate the
development of agency budgets and identify the items in their annual
budget that support the activities identified in the strategy developed
under subsection (a).
SEC. 12005. <<NOTE: 33 USC 3405.>> OCEAN EXPLORATION ADVISORY
BOARD.
(a) Establishment.--The Administrator of the National Oceanic and
Atmospheric Administration shall appoint an Ocean Exploration Advisory
Board composed of experts in relevant fields--
(1) to advise the Administrator on priority areas for survey
and discovery;
(2) to assist the program in the development of a 5-year
strategic plan for the fields of ocean, marine, and Great Lakes
science, exploration, and discovery;
(3) to annually review the quality and effectiveness of the
proposal review process established under section 12003(a)(4);
and
(4) to provide other assistance and advice as requested by
the Administrator.
(b) Federal Advisory Committee Act.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board
appointed under subsection (a).
[[Page 123 STAT. 1419]]
(c) Application With Outer Continental Shelf Lands Act.--Nothing in
part supersedes, or limits the authority of the Secretary of the
Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.).
SEC. 12006. <<NOTE: 33 USC 3406.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this part--
(1) $33,550,000 for fiscal year 2009;
(2) $36,905,000 for fiscal year 2010;
(3) $40,596,000 for fiscal year 2011;
(4) $44,655,000 for fiscal year 2012;
(5) $49,121,000 for fiscal year 2013;
(6) $54,033,000 for fiscal year 2014; and
(7) $59,436,000 for fiscal year 2015.
PART <<NOTE: NOAA Undersea Research Program Act of 2009. 33 USC 3401
note.>> II--NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009
SEC. 12101. SHORT TITLE.
This part may be cited as the ``NOAA Undersea Research Program Act
of 2009''.
SEC. 12102. <<NOTE: 33 USC 3421.>> PROGRAM ESTABLISHED.
(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall establish and maintain an undersea
research program and shall designate a Director of that program.
(b) Purpose.--The purpose of the program is to increase scientific
knowledge essential for the informed management, use, and preservation
of oceanic, marine, and coastal areas and the Great Lakes.
SEC. 12103. <<NOTE: 33 USC 3422.>> POWERS OF PROGRAM DIRECTOR.
The Director of the program, in carrying out the program, shall--
(1) cooperate with institutions of higher education and
other educational marine and ocean science organizations, and
shall make available undersea research facilities, equipment,
technologies, information, and expertise to support undersea
research efforts by these organizations;
(2) enter into partnerships, as appropriate and using
existing authorities, with the private sector to achieve the
goals of the program and to promote technological advancement of
the marine industry; and
(3) coordinate the development of agency budgets and
identify the items in their annual budget that support the
activities described in paragraphs (1) and (2).
SEC. 12104. <<NOTE: 33 USC 3423.>> ADMINISTRATIVE STRUCTURE.
(a) In General.--The program shall be conducted through a national
headquarters, a network of extramural regional undersea research centers
that represent all relevant National Oceanic and Atmospheric
Administration regions, and the National Institute for Undersea Science
and Technology.
(b) <<NOTE: Deadlines. Federal Register, publication. Public
comment.>> Direction.--The Director shall develop the overall direction
of the program in coordination with a Council of Center Directors
comprised of the directors of the extramural regional centers and
[[Page 123 STAT. 1420]]
the National Institute for Undersea Science and Technology. The Director
shall publish a draft program direction document not later than 1 year
after the date of enactment of this Act in the Federal Register for a
public comment period of not less than 120 days. The Director shall
publish a final program direction, including responses to the comments
received during the public comment period, in the Federal Register
within 90 days after the close of the comment period. The program
director shall update the program direction, with opportunity for public
comment, at least every 5 years.
SEC. 12105. <<NOTE: 33 USC 3424.>> RESEARCH, EXPLORATION,
EDUCATION, AND TECHNOLOGY PROGRAMS.
(a) In General.--The following research, exploration, education, and
technology programs shall be conducted through the network of regional
centers and the National Institute for Undersea Science and Technology:
(1) Core research and exploration based on national and
regional undersea research priorities.
(2) Advanced undersea technology development to support the
National Oceanic and Atmospheric Administration's research
mission and programs.
(3) Undersea science-based education and outreach programs
to enrich ocean science education and public awareness of the
oceans and Great Lakes.
(4) Development, testing, and transition of advanced
undersea technology associated with ocean observatories,
submersibles, advanced diving technologies, remotely operated
vehicles, autonomous underwater vehicles, and new sampling and
sensing technologies.
(5) Discovery, study, and development of natural resources
and products from ocean, coastal, and aquatic systems.
(b) Operations.--The Director of the program, through operation of
the extramural regional centers and the National Institute for Undersea
Science and Technology, shall leverage partnerships and cooperative
research with academia and private industry.
SEC. 12106. <<NOTE: 33 USC 3425.>> COMPETITIVENESS.
(a) Discretionary Fund.--The Program shall allocate no more than 10
percent of its annual budget to a discretionary fund that may be used
only for program administration and priority undersea research projects
identified by the Director but not covered by funding available from
centers.
(b) <<NOTE: Deadlines.>> Competitive Selection.--The Administrator
shall conduct an initial competition to select the regional centers that
will participate in the program 90 days after the publication of the
final program direction under section 12104 and every 5 years
thereafter. Funding for projects conducted through the regional centers
shall be awarded through a competitive, merit-reviewed process on the
basis of their relevance to the goals of the program and their technical
feasibility.
SEC. 12107. <<NOTE: 33 USC 3426.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration--
(1) for fiscal year 2009--
[[Page 123 STAT. 1421]]
(A) $13,750,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers; and
(B) $5,500,000 for the National Technology
Institute;
(2) for fiscal year 2010--
(A) $15,125,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers; and
(B) $6,050,000 for the National Technology
Institute;
(3) for fiscal year 2011--
(A) $16,638,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers; and
(B) $6,655,000 for the National Technology
Institute;
(4) for fiscal year 2012--
(A) $18,301,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers; and
(B) $7,321,000 for the National Technology
Institute;
(5) for fiscal year 2013--
(A) $20,131,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers; and
(B) $8,053,000 for the National Technology
Institute;
(6) for fiscal year 2014--
(A) $22,145,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers; and
(B) $8,859,000 for the National Technology
Institute; and
(7) for fiscal year 2015--
(A) $24,359,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers; and
(B) $9,744,000 for the National Technology
Institute.
Subtitle <<NOTE: Ocean and Coastal Mapping Integration Act.>> B--Ocean
and Coastal Mapping Integration Act
SEC. 12201. <<NOTE: 33 USC 3501 note.>> SHORT TITLE.
This subtitle may be cited as the ``Ocean and Coastal Mapping
Integration Act''.
SEC. 12202. <<NOTE: 33 USC 3501.>> ESTABLISHMENT OF PROGRAM.
(a) <<NOTE: President.>> In General.--The President, in
coordination with the Interagency Committee on Ocean and Coastal Mapping
and affected coastal states, shall establish a program to develop a
coordinated and comprehensive Federal ocean and coastal mapping plan for
the Great Lakes and coastal state waters, the territorial sea, the
exclusive economic zone, and the continental shelf of the United States
that enhances ecosystem approaches in decision-making for conservation
and management of marine resources and habitats, establishes research
and mapping priorities, supports the siting of research and other
platforms, and advances ocean and coastal science.
[[Page 123 STAT. 1422]]
(b) Membership.--The Committee shall be comprised of high-level
representatives of the Department of Commerce, through the National
Oceanic and Atmospheric Administration, the Department of the Interior,
the National Science Foundation, the Department of Defense, the
Environmental Protection Agency, the Department of Homeland Security,
the National Aeronautics and Space Administration, and other appropriate
Federal agencies involved in ocean and coastal mapping.
(c) Program Parameters.--In developing such a program, the
President, through the Committee, shall--
(1) identify all Federal and federally-funded programs
conducting shoreline delineation and ocean or coastal mapping,
noting geographic coverage, frequency, spatial coverage,
resolution, and subject matter focus of the data and location of
data archives;
(2) facilitate cost-effective, cooperative mapping efforts
that incorporate policies for contracting with non-governmental
entities among all Federal agencies conducting ocean and coastal
mapping, by increasing data sharing, developing appropriate data
acquisition and metadata standards, and facilitating the
interoperability of in situ data collection systems, data
processing, archiving, and distribution of data products;
(3) facilitate the adaptation of existing technologies as
well as foster expertise in new ocean and coastal mapping
technologies, including through research, development, and
training conducted among Federal agencies and in cooperation
with non-governmental entities;
(4) develop standards and protocols for testing innovative
experimental mapping technologies and transferring new
technologies between the Federal Government, coastal state, and
non-governmental entities;
(5) provide for the archiving, management, and distribution
of data sets through a national registry as well as provide
mapping products and services to the general public in service
of statutory requirements;
(6) develop data standards and protocols consistent with
standards developed by the Federal Geographic Data Committee for
use by Federal, coastal state, and other entities in mapping and
otherwise documenting locations of federally permitted
activities, living and nonliving coastal and marine resources,
marine ecosystems, sensitive habitats, submerged cultural
resources, undersea cables, offshore aquaculture projects,
offshore energy projects, and any areas designated for purposes
of environmental protection or conservation and management of
living and nonliving coastal and marine resources;
(7) identify the procedures to be used for coordinating the
collection and integration of Federal ocean and coastal mapping
data with coastal state and local government programs;
(8) facilitate, to the extent practicable, the collection of
real-time tide data and the development of hydrodynamic models
for coastal areas to allow for the application of V-datum tools
that will facilitate the seamless integration of onshore and
offshore maps and charts;
(9) establish a plan for the acquisition and collection of
ocean and coastal mapping data; and
[[Page 123 STAT. 1423]]
(10) set forth a timetable for completion and implementation
of the plan.
SEC. 12203. <<NOTE: 33 USC 3502.>> INTERAGENCY COMMITTEE ON OCEAN
AND COASTAL MAPPING.
(a) <<NOTE: Deadline. Establishment.>> In General.--The
Administrator of the National Oceanic and Atmospheric Administration,
within 30 days after the date of enactment of this Act, shall convene or
utilize an existing interagency committee on ocean and coastal mapping
to implement section 12202.
(b) Membership.--The committee shall be comprised of senior
representatives from Federal agencies with ocean and coastal mapping and
surveying responsibilities. The representatives shall be high-ranking
officials of their respective agencies or departments and, whenever
possible, the head of the portion of the agency or department that is
most relevant to the purposes of this subtitle. Membership shall include
senior representatives from the National Oceanic and Atmospheric
Administration, the Chief of Naval Operations, the United States
Geological Survey, the Minerals Management Service, the National Science
Foundation, the National Geospatial-Intelligence Agency, the United
States Army Corps of Engineers, the Coast Guard, the Environmental
Protection Agency, the Federal Emergency Management Agency, the National
Aeronautics and Space Administration, and other appropriate Federal
agencies involved in ocean and coastal mapping.
(c) Co-Chairmen.--The Committee shall be co-chaired by the
representative of the Department of Commerce and a representative of the
Department of the Interior.
(d) Subcommittee.--The co-chairmen shall establish a subcommittee to
carry out the day-to-day work of the Committee, comprised of senior
representatives of any member agency of the committee. Working groups
may be formed by the full Committee to address issues of short duration.
The subcommittee shall be chaired by the representative from the
National Oceanic and Atmospheric Administration. The chairmen of the
Committee may create such additional subcommittees and working groups as
may be needed to carry out the work of Committee.
(e) Meetings.--The committee shall meet on a quarterly basis, but
each subcommittee and each working group shall meet on an as-needed
basis.
(f) Coordination.--The committee shall coordinate activities when
appropriate, with--
(1) other Federal efforts, including the Digital Coast,
Geospatial One-Stop, and the Federal Geographic Data Committee;
(2) international mapping activities;
(3) coastal states;
(4) user groups through workshops and other appropriate
mechanisms; and
(5) representatives of nongovernmental entities.
(g) Advisory Panel.--The Administrator may convene an ocean and
coastal mapping advisory panel consisting of representatives from non-
governmental entities to provide input regarding activities of the
committee in consultation with the interagency committee.
SEC. 12204. <<NOTE: 33 USC 3503.>> BIENNIAL REPORTS.
No later than 18 months after the date of enactment of this Act, and
biennially thereafter, the co-chairmen of the Committee
[[Page 123 STAT. 1424]]
shall transmit to the Committees on Commerce, Science, and
Transportation and Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
detailing progress made in implementing this subtitle, including--
(1) an inventory of ocean and coastal mapping data within
the territorial sea and the exclusive economic zone and
throughout the Continental Shelf of the United States, noting
the age and source of the survey and the spatial resolution
(metadata) of the data;
(2) identification of priority areas in need of survey
coverage using present technologies;
(3) a resource plan that identifies when priority areas in
need of modern ocean and coastal mapping surveys can be
accomplished;
(4) the status of efforts to produce integrated digital maps
of ocean and coastal areas;
(5) a description of any products resulting from coordinated
mapping efforts under this subtitle that improve public
understanding of the coasts and oceans, or regulatory
decisionmaking;
(6) documentation of minimum and desired standards for data
acquisition and integrated metadata;
(7) a statement of the status of Federal efforts to leverage
mapping technologies, coordinate mapping activities, share
expertise, and exchange data;
(8) a statement of resource requirements for organizations
to meet the goals of the program, including technology needs for
data acquisition, processing, and distribution systems;
(9) a statement of the status of efforts to declassify data
gathered by the Navy, the National Geospatial-Intelligence
Agency, and other agencies to the extent possible without
jeopardizing national security, and make it available to partner
agencies and the public;
(10) a resource plan for a digital coast integrated mapping
pilot project for the northern Gulf of Mexico that will--
(A) cover the area from the authorized coastal
counties through the territorial sea;
(B) identify how such a pilot project will leverage
public and private mapping data and resources, such as
the United States Geological Survey National Map, to
result in an operational coastal change assessment
program for the subregion;
(11) the status of efforts to coordinate Federal programs
with coastal state and local government programs and leverage
those programs;
(12) a description of efforts of Federal agencies to
increase contracting with nongovernmental entities; and
(13) an inventory and description of any new Federal or
federally funded programs conducting shoreline delineation and
ocean or coastal mapping since the previous reporting cycle.
SEC. 12205. <<NOTE: 33 USC 3504.>> PLAN.
(a) <<NOTE: Deadline.>> In General.--Not later than 6 months after
the date of enactment of this Act, the Administrator, in consultation
with the Committee, shall develop and submit to the Congress a plan for
an integrated ocean and coastal mapping initiative within the National
Oceanic and Atmospheric Administration.
[[Page 123 STAT. 1425]]
(b) Plan Requirements.--The plan shall--
(1) identify and describe all ocean and coastal mapping
programs within the agency, including those that conduct mapping
or related activities in the course of existing missions, such
as hydrographic surveys, ocean exploration projects, living
marine resource conservation and management programs, coastal
zone management projects, and ocean and coastal observations and
science projects;
(2) establish priority mapping programs and establish and
periodically update priorities for geographic areas in surveying
and mapping across all missions of the National Oceanic and
Atmospheric Administration, as well as minimum data acquisition
and metadata standards for those programs;
(3) encourage the development of innovative ocean and
coastal mapping technologies and applications, through research
and development through cooperative or other agreements with
joint or cooperative research institutes or centers and with
other non-governmental entities;
(4) document available and developing technologies, best
practices in data processing and distribution, and leveraging
opportunities with other Federal agencies, coastal states, and
non-governmental entities;
(5) identify training, technology, and other resource
requirements for enabling the National Oceanic and Atmospheric
Administration's programs, vessels, and aircraft to support a
coordinated ocean and coastal mapping program;
(6) identify a centralized mechanism or office for
coordinating data collection, processing, archiving, and
dissemination activities of all such mapping programs within the
National Oceanic and Atmospheric Administration that meets
Federal mandates for data accuracy and accessibility and
designate a repository that is responsible for archiving and
managing the distribution of all ocean and coastal mapping data
to simplify the provision of services to benefit Federal and
coastal state programs; and
(7) set forth a timetable for implementation and completion
of the plan, including a schedule for submission to the Congress
of periodic progress reports and recommendations for integrating
approaches developed under the initiative into the interagency
program.
(c) NOAA Joint Ocean and Coastal Mapping Centers.--The Administrator
may maintain and operate up to 3 joint ocean and coastal mapping
centers, including a joint hydrographic center, which shall each be co-
located with an institution of higher education. The centers shall serve
as hydrographic centers of excellence and may conduct activities
necessary to carry out the purposes of this subtitle, including--
(1) research and development of innovative ocean and coastal
mapping technologies, equipment, and data products;
(2) mapping of the United States Outer Continental Shelf and
other regions;
(3) data processing for nontraditional data and uses;
(4) advancing the use of remote sensing technologies, for
related issues, including mapping and assessment of essential
fish habitat and of coral resources, ocean observations, and
ocean exploration; and
[[Page 123 STAT. 1426]]
(5) providing graduate education and training in ocean and
coastal mapping sciences for members of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps, personnel
of other agencies with ocean and coastal mapping programs, and
civilian personnel.
(d) NOAA Report.--The Administrator shall continue developing a
strategy for expanding contracting with non-governmental entities to
minimize duplication and take maximum advantage of nongovernmental
capabilities in fulfilling the Administration's mapping and charting
responsibilities. Within 120 days after the date of enactment of this
Act, the Administrator shall transmit a report describing the strategy
developed under this subsection to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Natural Resources
of the House of Representatives.
SEC. 12206. <<NOTE: 33 USC 3505.>> EFFECT ON OTHER LAWS.
Nothing in this subtitle shall be construed to supersede or alter
the existing authorities of any Federal agency with respect to ocean and
coastal mapping.
SEC. 12207. <<NOTE: 33 USC 3506.>> AUTHORIZATION OF
APPROPRIATIONS.
(a) In General.--In addition to the amounts authorized by section
306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C.
892d), there are authorized to be appropriated to the Administrator to
carry out this subtitle--
(1) $26,000,000 for fiscal year 2009;
(2) $32,000,000 for fiscal year 2010;
(3) $38,000,000 for fiscal year 2011; and
(4) $45,000,000 for each of fiscal years 2012 through 2015.
(b) Joint Ocean and Coastal Mapping Centers.--Of the amounts
appropriated pursuant to subsection (a), the following amounts shall be
used to carry out section 12205(c) of this subtitle:
(1) $11,000,000 for fiscal year 2009.
(2) $12,000,000 for fiscal year 2010.
(3) $13,000,000 for fiscal year 2011.
(4) $15,000,000 for each of fiscal years 2012 through 2015.
(c) Cooperative Agreements.--To carry out interagency activities
under section 12203 of this subtitle, the head of any department or
agency may execute a cooperative agreement with the Administrator,
including those authorized by section 5 of the Act of August 6, 1947 (33
U.S.C. 883e).
SEC. 12208. <<NOTE: 33 USC 3507.>> DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator' '' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal state'' has the
meaning given that term by section 304(4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4).
(3) Committee.--The term ``Committee'' means the Interagency
Ocean and Coastal Mapping Committee established by section
12203.
(4) Exclusive economic zone.--The term ``exclusive economic
zone'' means the exclusive economic zone of the United States
established by Presidential Proclamation No. 5030, of March 10,
1983.
[[Page 123 STAT. 1427]]
(5) Ocean and coastal mapping.--The term ``ocean and coastal
mapping'' means the acquisition, processing, and management of
physical, biological, geological, chemical, and archaeological
characteristics and boundaries of ocean and coastal areas,
resources, and sea beds through the use of acoustics,
satellites, aerial photogrammetry, light and imaging, direct
sampling, and other mapping technologies.
(6) Territorial sea.--The term ``territorial sea'' means the
belt of sea measured from the baseline of the United States
determined in accordance with international law, as set forth in
Presidential Proclamation Number 5928, dated December 27, 1988.
(7) Nongovernmental entities.--The term ``nongovernmental
entities'' includes nongovernmental organizations, members of
the academic community, and private sector organizations that
provide products and services associated with measuring,
locating, and preparing maps, charts, surveys, aerial
photographs, satellite imagines, or other graphical or digital
presentations depicting natural or manmade physical features,
phenomena, and legal boundaries of the Earth.
(8) Outer continental shelf.--The term ``Outer Continental
Shelf'' means all submerged lands lying seaward and outside of
lands beneath navigable waters (as that term is defined in
section 2 of the Submerged Lands Act (43 U.S.C. 1301)), and of
which the subsoil and seabed appertain to the United States and
are subject to its jurisdiction and control.
Subtitle <<NOTE: Integrated Coastal and Ocean Observation System Act of
2009. 33 USC 3601 note.>> C--Integrated Coastal and Ocean Observation
System Act of 2009
SEC. 12301. SHORT TITLE.
This subtitle may be cited as the ``Integrated Coastal and Ocean
Observation System Act of 2009''.
SEC. 12302. <<NOTE: 33 USC 3601.>> PURPOSES.
The purposes of this subtitle are to--
(1) establish a national integrated System of ocean,
coastal, and Great Lakes observing systems, comprised of Federal
and non-Federal components coordinated at the national level by
the National Ocean Research Leadership Council and at the
regional level by a network of regional information coordination
entities, and that includes in situ, remote, and other coastal
and ocean observation, technologies, and data management and
communication systems, and is designed to address regional and
national needs for ocean information, to gather specific data on
key coastal, ocean, and Great Lakes variables, and to ensure
timely and sustained dissemination and availability of these
data to--
(A) support national defense, marine commerce,
navigation safety, weather, climate, and marine
forecasting, energy siting and production, economic
development, ecosystem-based marine, coastal, and Great
Lakes resource management, public safety, and public
outreach training and education;
[[Page 123 STAT. 1428]]
(B) promote greater public awareness and stewardship
of the Nation's ocean, coastal, and Great Lakes
resources and the general public welfare; and
(C) enable advances in scientific understanding to
support the sustainable use, conservation, management,
and understanding of healthy ocean, coastal, and Great
Lakes resources;
(2) improve the Nation's capability to measure, track,
explain, and predict events related directly and indirectly to
weather and climate change, natural climate variability, and
interactions between the oceanic and atmospheric environments,
including the Great Lakes; and
(3) authorize activities to promote basic and applied
research to develop, test, and deploy innovations and
improvements in coastal and ocean observation technologies,
modeling systems, and other scientific and technological
capabilities to improve our conceptual understanding of weather
and climate, ocean-atmosphere dynamics, global climate change,
physical, chemical, and biological dynamics of the ocean,
coastal and Great Lakes environments, and to conserve healthy
and restore degraded coastal ecosystems.
SEC. 12303. <<NOTE: 33 USC 3602.>> DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
Under Secretary's capacity as Administrator of the National
Oceanic and Atmospheric Administration.
(2) Council.--The term ``Council'' means the National Ocean
Research Leadership Council established by section 7902 of title
10, United States Code.
(3) Federal assets.--The term ``Federal assets'' means all
relevant non-classified civilian coastal and ocean observations,
technologies, and related modeling, research, data management,
basic and applied technology research and development, and
public education and outreach programs, that are managed by
member agencies of the Council.
(4) Interagency ocean observation committee.--The term
``Interagency Ocean Observation Committee'' means the committee
established under section 12304(c)(2).
(5) Non-federal assets.--The term ``non-Federal assets''
means all relevant coastal and ocean observation technologies,
related basic and applied technology research and development,
and public education and outreach programs that are integrated
into the System and are managed through States, regional
organizations, universities, nongovernmental organizations, or
the private sector.
(6) Regional information coordination entities.--
(A) In general.--The term ``regional information
coordination entity'' means an organizational body that
is certified or established by contract or memorandum by
the lead Federal agency designated in section
12304(c)(3) of this subtitle and coordinates State,
Federal, local, and private interests at a regional
level with the responsibility of engaging the private
and public sectors in designing, operating, and
improving regional coastal and ocean observing systems
in order to ensure the provision of data
[[Page 123 STAT. 1429]]
and information that meet the needs of user groups from
the respective regions.
(B) Certain included associations.--The term
``regional information coordination entity'' includes
regional associations described in the System Plan.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the National Oceanic and Atmospheric
Administration.
(8) System.--The term ``System'' means the National
Integrated Coastal and Ocean Observation System established
under section 12304.
(9) System plan.--The term ``System Plan'' means the plan
contained in the document entitled ``Ocean. US Publication No.
9, The First Integrated Ocean Observing System (IOOS)
Development Plan'', as updated by the Council under this
subtitle.
SEC. 12304. <<NOTE: 33 USC 3603.>> INTEGRATED COASTAL AND OCEAN
OBSERVING SYSTEM.
(a) <<NOTE: President.>> Establishment.--The President, acting
through the Council, shall establish a National Integrated Coastal and
Ocean Observation System to fulfill the purposes set forth in section
12302 of this subtitle and the System Plan and to fulfill the Nation's
international obligations to contribute to the Global Earth Observation
System of Systems and the Global Ocean Observing System.
(b) System Elements.--
(1) In general.--In order to fulfill the purposes of this
subtitle, the System shall be national in scope and consist of--
(A) Federal assets to fulfill national and
international observation missions and priorities;
(B) non-Federal assets, including a network of
regional information coordination entities identified
under subsection (c)(4), to fulfill regional observation
missions and priorities;
(C) data management, communication, and modeling
systems for the timely integration and dissemination of
data and information products from the System;
(D) a research and development program conducted
under the guidance of the Council, consisting of--
(i) basic and applied research and technology
development to improve understanding of coastal
and ocean systems and their relationships to human
activities and to ensure improvement of
operational assets and products, including related
infrastructure, observing technologies, and
information and data processing and management
technologies; and
(ii) large scale computing resources and
research to advance modeling of coastal and ocean
processes.
(2) Enhancing administration and management.--The head of
each Federal agency that has administrative jurisdiction over a
Federal asset shall support the purposes of this subtitle and
may take appropriate actions to enhance internal agency
administration and management to better support, integrate,
finance, and utilize observation data, products, and services
developed under this section to further its own agency mission
and responsibilities.
[[Page 123 STAT. 1430]]
(3) Availability of data.--The head of each Federal agency
that has administrative jurisdiction over a Federal asset shall
make available data that are produced by that asset and that are
not otherwise restricted for integration, management, and
dissemination by the System.
(4) Non-federal assets.--Non-Federal assets shall be
coordinated, as appropriate, by the Interagency Ocean Observing
Committee or by regional information coordination entities.
(c) Policy Oversight, Administration, and Regional Coordination.--
(1) Council functions.--The Council shall serve as the
policy and coordination oversight body for all aspects of the
System. In carrying out its responsibilities under this
subtitle, the Council shall--
(A) approve and adopt comprehensive System budgets
developed and maintained by the Interagency Ocean
Observation Committee to support System operations,
including operations of both Federal and non-Federal
assets;
(B) ensure coordination of the System with other
domestic and international earth observing activities
including the Global Ocean Observing System and the
Global Earth Observing System of Systems, and provide,
as appropriate, support for and representation on United
States delegations to international meetings on coastal
and ocean observing programs; and
(C) encourage coordinated intramural and extramural
research and technology development, and a process to
transition developing technology and methods into
operations of the System.
(2) <<NOTE: Establishment.>> Interagency ocean observation
committee.--The Council shall establish or designate an
Interagency Ocean Observation Committee which shall--
(A) <<NOTE: Plans.>> prepare annual and long-term
plans for consideration and approval by the Council for
the integrated design, operation, maintenance,
enhancement and expansion of the System to meet the
objectives of this subtitle and the System Plan;
(B) <<NOTE: Budget.>> develop and transmit to
Congress at the time of submission of the President's
annual budget request an annual coordinated,
comprehensive budget to operate all elements of the
System identified in subsection (b), and to ensure
continuity of data streams from Federal and non-Federal
assets;
(C) establish required observation data variables to
be gathered by both Federal and non-Federal assets and
identify, in consultation with regional information
coordination entities, priorities for System
observations;
(D) establish protocols and standards for System
data processing, management, and communication;
(E) <<NOTE: Standards. Procedures.>> develop
contract certification standards and compliance
procedures for all non-Federal assets, including
regional information coordination entities, to establish
eligibility for integration into the System and to
ensure compliance with all applicable standards and
protocols established
[[Page 123 STAT. 1431]]
by the Council, and ensure that regional observations
are integrated into the System on a sustained basis;
(F) identify gaps in observation coverage or needs
for capital improvements of both Federal assets and non-
Federal assets;
(G) subject to the availability of appropriations,
establish through one or more participating Federal
agencies, in consultation with the System advisory
committee established under subsection (d), a
competitive matching grant or other programs--
(i) to promote intramural and extramural
research and development of new, innovative, and
emerging observation technologies including
testing and field trials; and
(ii) to facilitate the migration of new,
innovative, and emerging scientific and
technological advances from research and
development to operational deployment;
(H) periodically review and recommend to the
Council, in consultation with the Administrator,
revisions to the System Plan;
(I) ensure collaboration among Federal agencies
participating in the activities of the Committee; and
(J) perform such additional duties as the Council
may delegate.
(3) Lead federal agency.--The National Oceanic and
Atmospheric Administration shall function as the lead Federal
agency for the implementation and administration of the System,
in consultation with the Council, the Interagency Ocean
Observation Committee, other Federal agencies that maintain
portions of the System, and the regional information
coordination entities, and shall--
(A) <<NOTE: Government organization.>> establish an
Integrated Ocean Observing Program Office within the
National Oceanic and Atmospheric Administration
utilizing to the extent necessary, personnel from member
agencies participating on the Interagency Ocean
Observation Committee, to oversee daily operations and
coordination of the System;
(B) implement policies, protocols, and standards
approved by the Council and delegated by the Interagency
Ocean Observing Committee;
(C) <<NOTE: Guidelines. Certification.>> promulgate
program guidelines to certify and integrate non-Federal
assets, including regional information coordination
entities, into the System to provide regional coastal
and ocean observation data that meet the needs of user
groups from the respective regions;
(D) <<NOTE: Contracts. Grants.>> have the authority
to enter into and oversee contracts, leases, grants or
cooperative agreements with non-Federal assets,
including regional information coordination entities, to
support the purposes of this subtitle on such terms as
the Administrator deems appropriate;
(E) implement a merit-based, competitive funding
process to support non-Federal assets, including the
development and maintenance of a network of regional
information coordination entities, and develop and
implement a process for the periodic review and
evaluation of
[[Page 123 STAT. 1432]]
all non-Federal assets, including regional information
coordination entities;
(F) provide opportunities for competitive contracts
and grants for demonstration projects to design,
develop, integrate, deploy, and support components of
the System;
(G) establish efficient and effective administrative
procedures for allocation of funds among contractors,
grantees, and non-Federal assets, including regional
information coordination entities in a timely manner,
and contingent on appropriations according to the budget
adopted by the Council;
(H) develop and implement a process for the periodic
review and evaluation of regional information
coordination entities;
(I) formulate an annual process by which gaps in
observation coverage or needs for capital improvements
of Federal assets and non-Federal assets of the System
are identified by the regional information coordination
entities, the Administrator, or other members of the
System and transmitted to the Interagency Ocean
Observing Committee;
(J) develop and be responsible for a data management
and communication system, in accordance with standards
and protocols established by the Council, by which all
data collected by the System regarding ocean and coastal
waters of the United States including the Great Lakes,
are processed, stored, integrated, and made available to
all end-user communities;
(K) <<NOTE: Public information.>> implement a
program of public education and outreach to improve
public awareness of global climate change and effects on
the ocean, coastal, and Great Lakes environment;
(L) <<NOTE: Reports. Deadline.>> report annually to
the Interagency Ocean Observing Committee on the
accomplishments, operational needs, and performance of
the System to contribute to the annual and long-term
plans developed pursuant to subsection (c)(2)(A)(i); and
(M) <<NOTE: Plan.>> develop a plan to efficiently
integrate into the System new, innovative, or emerging
technologies that have been demonstrated to be useful to
the System and which will fulfill the purposes of this
subtitle and the System Plan.
(4) Regional information coordination entities.--
(A) <<NOTE: Certification. Contract. Guidelines.>>
In general.--To be certified or established under this
subtitle, a regional information coordination entity
shall be certified or established by contract or
agreement by the Administrator, and shall agree to meet
the certification standards and compliance procedure
guidelines issued by the Administrator and information
needs of user groups in the region while adhering to
national standards and shall--
(i) demonstrate an organizational structure
capable of gathering required System observation
data, supporting and integrating all aspects of
coastal and ocean observing and information
programs within a region and that reflects the
needs of State and local governments, commercial
interests, and other users
[[Page 123 STAT. 1433]]
and beneficiaries of the System and other
requirements specified under this subtitle and the
System Plan;
(ii) identify gaps in observation coverage
needs for capital improvements of Federal assets
and non-Federal assets of the System, or other
recommendations to assist in the development of
the annual and long-term plans created pursuant to
subsection (c)(2)(A)(i) and transmit such
information to the Interagency Ocean Observing
Committee via the Program Office;
(iii) develop and operate under a strategic
operational plan that will ensure the efficient
and effective administration of programs and
assets to support daily data observations for
integration into the System, pursuant to the
standards approved by the Council;
(iv) work cooperatively with governmental and
non-governmental entities at all levels to
identify and provide information products of the
System for multiple users within the service area
of the regional information coordination entities;
and
(v) comply with all financial oversight
requirements established by the Administrator,
including requirements relating to audits.
(B) Participation.--For the purposes of this
subtitle, employees of Federal agencies may participate
in the functions of the regional information
coordination entities.
(d) System Advisory Committee.--
(1) <<NOTE: Establishment.>> In general.--The Administrator
shall establish or designate a System advisory committee, which
shall provide advice as may be requested by the Administrator or
the Interagency Ocean Observing Committee.
(2) Purpose.--The purpose of the System advisory committee
is to advise the Administrator and the Interagency Ocean
Observing Committee on--
(A) administration, operation, management, and
maintenance of the System, including integration of
Federal and non-Federal assets and data management and
communication aspects of the System, and fulfillment of
the purposes set forth in section 12302;
(B) expansion and periodic modernization and upgrade
of technology components of the System;
(C) identification of end-user communities, their
needs for information provided by the System, and the
System's effectiveness in disseminating information to
end-user communities and the general public; and
(D) any other purpose identified by the
Administrator or the Interagency Ocean Observing
Committee.
(3) Members.--
(A) In general.--The System advisory committee shall
be composed of members appointed by the Administrator.
Members shall be qualified by education, training, and
experience to evaluate scientific and technical
information related to the design, operation,
maintenance, or use of the System, or use of data
products provided through the System.
(B) Terms of service.--Members shall be appointed
for 3-year terms, renewable once. A vacancy appointment
[[Page 123 STAT. 1434]]
shall be for the remainder of the unexpired term of the
vacancy, and an individual so appointed may subsequently
be appointed for 2 full 3-year terms if the remainder of
the unexpired term is less than 1 year.
(C) Chairperson.--The Administrator shall designate
a chairperson from among the members of the System
advisory committee.
(D) Appointment.--Members of the System advisory
committee shall be appointed as special Government
employees for purposes of section 202(a) of title 18,
United States Code.
(4) Administrative provisions.--
(A) Reporting.--The System advisory committee shall
report to the Administrator and the Interagency Ocean
Observing Committee, as appropriate.
(B) Administrative support.--The Administrator shall
provide administrative support to the System advisory
committee.
(C) Meetings.--The System advisory committee shall
meet at least once each year, and at other times at the
call of the Administrator, the Interagency Ocean
Observing Committee, or the chairperson.
(D) Compensation and expenses.--Members of the
System advisory committee shall not be compensated for
service on that Committee, but may be allowed travel
expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5,
United States Code.
(E) Expiration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
System advisory committee.
(e) Civil Liability.--For purposes of determining liability arising
from the dissemination and use of observation data gathered pursuant to
this section, any non-Federal asset or regional information coordination
entity incorporated into the System by contract, lease, grant, or
cooperative agreement under subsection (c)(3)(D) that is participating
in the System shall be considered to be part of the National Oceanic and
Atmospheric Administration. Any employee of such a non-Federal asset or
regional information coordination entity, while operating within the
scope of his or her employment in carrying out the purposes of this
subtitle, with respect to tort liability, is deemed to be an employee of
the Federal Government.
(f) Limitation.--Nothing in this subtitle shall be construed to
invalidate existing certifications, contracts, or agreements between
regional information coordination entities and other elements of the
System.
SEC. 12305. <<NOTE: 33 USC 3604.>> INTERAGENCY FINANCING AND
AGREEMENTS.
(a) In General.--To carry out interagency activities under this
subtitle, the Secretary of Commerce may execute cooperative agreements,
or any other agreements, with, and receive and expend funds made
available by, any State or subdivision thereof, any Federal agency, or
any public or private organization, or individual.
(b) Reciprocity.--Member Departments and agencies of the Council
shall have the authority to create, support, and maintain joint centers,
and to enter into and perform such contracts, leases,
[[Page 123 STAT. 1435]]
grants, and cooperative agreements as may be necessary to carry out the
purposes of this subtitle and fulfillment of the System Plan.
SEC. 12306. <<NOTE: 33 USC 3605.>> APPLICATION WITH OTHER LAWS.
Nothing in this subtitle supersedes or limits the authority of any
agency to carry out its responsibilities and missions under other laws.
SEC. 12307. <<NOTE: 33 USC 3606.>> REPORT TO CONGRESS.
(a) <<NOTE: President.>> Requirement.--Not later than 2 years after
the date of the enactment of this Act and every 2 years thereafter, the
Administrator shall prepare and the President acting through the Council
shall approve and transmit to the Congress a report on progress made in
implementing this subtitle.
(b) Contents.--The report shall include--
(1) a description of activities carried out under this
subtitle and the System Plan;
(2) an evaluation of the effectiveness of the System,
including an evaluation of progress made by the Council to
achieve the goals identified under the System Plan;
(3) identification of Federal and non-Federal assets as
determined by the Council that have been integrated into the
System, including assets essential to the gathering of required
observation data variables necessary to meet the respective
missions of Council agencies;
(4) a review of procurements, planned or initiated, by each
Council agency to enhance, expand, or modernize the observation
capabilities and data products provided by the System, including
data management and communication subsystems;
(5) an assessment regarding activities to integrate Federal
and non-Federal assets, nationally and on the regional level,
and discussion of the performance and effectiveness of regional
information coordination entities to coordinate regional
observation operations;
(6) a description of benefits of the program to users of
data products resulting from the System (including the general
public, industries, scientists, resource managers, emergency
responders, policy makers, and educators);
(7) recommendations concerning--
(A) modifications to the System; and
(B) funding levels for the System in subsequent
fiscal years; and
(8) the results of a periodic external independent
programmatic audit of the System.
SEC. 12308. <<NOTE: 33 USC 3607.>> PUBLIC-PRIVATE USE POLICY.
The <<NOTE: Deadline.>> Council shall develop a policy within 6
months after the date of the enactment of this Act that defines
processes for making decisions about the roles of the Federal
Government, the States, regional information coordination entities, the
academic community, and the private sector in providing to end-user
communities environmental information, products, technologies, and
services related to the System. <<NOTE: Federal
Register, publication. Public comment. Time period.>> The Council shall
publish the policy in the Federal Register for public comment for a
period not less than 60 days. Nothing in this section shall be construed
to require changes in policy in effect on the date of enactment of this
Act.
[[Page 123 STAT. 1436]]
SEC. 12309. <<NOTE: 33 USC 3608.>> INDEPENDENT COST ESTIMATE.
Within <<NOTE: Deadline.>> 1 year after the date of enactment of
this Act, the Interagency Ocean Observation Committee, through the
Administrator and the Director of the National Science Foundation, shall
obtain an independent cost estimate for operations and maintenance of
existing Federal assets of the System, and planned or anticipated
acquisition, operation, and maintenance of new Federal assets for the
System, including operation facilities, observation equipment, modeling
and software, data management and communication, and other essential
components. The independent cost estimate shall be transmitted
unabridged and without revision by the Administrator to Congress.
SEC. 12310. <<NOTE: 33 USC 3609.>> INTENT OF CONGRESS.
It is the intent of Congress that funding provided to agencies of
the Council to implement this subtitle shall supplement, and not
replace, existing sources of funding for other programs. It is the
further intent of Congress that agencies of the Council shall not enter
into contracts or agreements for the development or procurement of new
Federal assets for the System that are estimated to be in excess of
$250,000,000 in life-cycle costs without first providing adequate notice
to Congress and opportunity for review and comment.
SEC. 12311. <<NOTE: 33 USC 3610.>> AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Commerce
for fiscal years 2009 through 2013 such sums as are necessary to fulfill
the purposes of this subtitle and support activities identified in the
annual coordinated System budget developed by the Interagency Ocean
Observation Committee and submitted to the Congress.
Subtitle <<NOTE: Federal Ocean Acidification Research and Monitoring
Act of 2009.>> D--Federal Ocean Acidification Research and Monitoring
Act of 2009
SEC. 12401. <<NOTE: 33 USC 3701 note.>> SHORT TITLE.
This subtitle may be cited as the ``Federal Ocean Acidification
Research And Monitoring Act of 2009'' or the ``FOARAM Act''.
SEC. 12402. <<NOTE: 33 USC 3701.>> PURPOSES.
(a) Purposes.--The purposes of this subtitle are to provide for--
(1) development and coordination of a comprehensive
interagency plan to--
(A) monitor and conduct research on the processes
and consequences of ocean acidification on marine
organisms and ecosystems; and
(B) establish an interagency research and monitoring
program on ocean acidification;
(2) establishment of an ocean acidification program within
the National Oceanic and Atmospheric Administration;
(3) assessment and consideration of regional and national
ecosystem and socioeconomic impacts of increased ocean
acidification; and
[[Page 123 STAT. 1437]]
(4) research adaptation strategies and techniques for
effectively conserving marine ecosystems as they cope with
increased ocean acidification.
SEC. 12403. <<NOTE: 33 USC 3702.>> DEFINITIONS.
In this subtitle:
(1) Ocean acidification.--The term ``ocean acidification''
means the decrease in pH of the Earth's oceans and changes in
ocean chemistry caused by chemical inputs from the atmosphere,
including carbon dioxide.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
(3) Subcommittee.--The term ``Subcommittee'' means the Joint
Subcommittee on Ocean Science and Technology of the National
Science and Technology Council.
SEC. 12404. <<NOTE: 33 USC 3703.>> INTERAGENCY SUBCOMMITTEE.
(a) Designation.--
(1) In general.--The Joint Subcommittee on Ocean Science and
Technology of the National Science and Technology Council shall
coordinate Federal activities on ocean acidification and
establish an interagency working group.
(2) Membership.--The interagency working group on ocean
acidification shall be comprised of senior representatives from
the National Oceanic and Atmospheric Administration, the
National Science Foundation, the National Aeronautics and Space
Administration, the United States Geological Survey, the United
States Fish and Wildlife Service, and such other Federal
agencies as appropriate.
(3) Chairman.--The interagency working group shall be
chaired by the representative from the National Oceanic and
Atmospheric Administration.
(b) Duties.--The Subcommittee shall--
(1) develop the strategic research and monitoring plan to
guide Federal research on ocean acidification required under
section 12405 of this subtitle and oversee the implementation of
the plan;
(2) oversee the development of--
(A) an assessment of the potential impacts of ocean
acidification on marine organisms and marine ecosystems;
and
(B) adaptation and mitigation strategies to conserve
marine organisms and ecosystems exposed to ocean
acidification;
(3) facilitate communication and outreach opportunities with
nongovernmental organizations and members of the stakeholder
community with interests in marine resources;
(4) coordinate the United States Federal research and
monitoring program with research and monitoring programs and
scientists from other nations; and
(5) establish or designate an Ocean Acidification
Information Exchange to make information on ocean acidification
developed through or utilized by the interagency ocean
acidification program accessible through electronic means,
including information which would be useful to policymakers,
researchers, and other stakeholders in mitigating or adapting to
the impacts of ocean acidification.
[[Page 123 STAT. 1438]]
(c) Reports to Congress.--
(1) Initial report.--Not later than 1 year after the date of
enactment of this Act, the Subcommittee shall transmit a report
to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science and Technology and the
Committee on Natural Resources of the House of Representatives
that--
(A) includes a summary of federally funded ocean
acidification research and monitoring activities,
including the budget for each of these activities; and
(B) describes the progress in developing the plan
required under section 12405 of this subtitle.
(2) Biennial report.--Not later than 2 years after the
delivery of the initial report under paragraph (1) and every 2
years thereafter, the Subcommittee shall transmit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science and Technology and the
Committee on Natural Resources of the House of Representatives
that includes--
(A) a summary of federally funded ocean
acidification research and monitoring activities,
including the budget for each of these activities; and
(B) an analysis of the progress made toward
achieving the goals and priorities for the interagency
research plan developed by the Subcommittee under
section 12405.
(3) Strategic research plan.--Not later than 2 years after
the date of enactment of this Act, the Subcommittee shall
transmit the strategic research plan developed under section
12405 to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science and Technology and
the Committee on Natural Resources of the House of
Representatives. A revised plan shall be submitted at least once
every 5 years thereafter.
SEC. 12405. <<NOTE: 33 USC 3704.>> STRATEGIC RESEARCH PLAN.
(a) <<NOTE: Deadline.>> In General.--Not later than 2 years after
the date of enactment of this Act, the Subcommittee shall develop a
strategic plan for Federal research and monitoring on ocean
acidification that will provide for an assessment of the impacts of
ocean acidification on marine organisms and marine ecosystems and the
development of adaptation and mitigation strategies to conserve marine
organisms and marine ecosystems. In developing the plan, the
Subcommittee shall consider and use information, reports, and studies of
ocean acidification that have identified research and monitoring needed
to better understand ocean acidification and its potential impacts, and
recommendations made by the National Academy of Sciences in the review
of the plan required under subsection (d).
(b) Contents of the Plan.--The plan shall--
(1) provide for interdisciplinary research among the ocean
sciences, and coordinated research and activities to improve the
understanding of ocean chemistry that will affect marine
ecosystems;
(2) establish, for the 10-year period beginning in the year
the plan is submitted, the goals and priorities for Federal
research and monitoring which will--
[[Page 123 STAT. 1439]]
(A) advance understanding of ocean acidification and
its physical, chemical, and biological impacts on marine
organisms and marine ecosystems;
(B) improve the ability to assess the socioeconomic
impacts of ocean acidification; and
(C) provide information for the development of
adaptation and mitigation strategies to conserve marine
organisms and marine ecosystems;
(3) describe specific activities, including--
(A) efforts to determine user needs;
(B) research activities;
(C) monitoring activities;
(D) technology and methods development;
(E) data collection;
(F) database development;
(G) modeling activities;
(H) assessment of ocean acidification impacts; and
(I) participation in international research efforts;
(4) identify relevant programs and activities of the Federal
agencies that contribute to the interagency program directly and
indirectly and set forth the role of each Federal agency in
implementing the plan;
(5) consider and utilize, as appropriate, reports and
studies conducted by Federal agencies, the National Research
Council, or other entities;
(6) make recommendations for the coordination of the ocean
acidification research and monitoring activities of the United
States with such activities of other nations and international
organizations;
(7) outline budget requirements for Federal ocean
acidification research and monitoring and assessment activities
to be conducted by each agency under the plan;
(8) identify the monitoring systems and sampling programs
currently employed in collecting data relevant to ocean
acidification and prioritize additional monitoring systems that
may be needed to ensure adequate data collection and monitoring
of ocean acidification and its impacts; and
(9) describe specific activities designed to facilitate
outreach and data and information exchange with stakeholder
communities.
(c) Program Elements.--The plan shall include at a minimum the
following program elements:
(1) Monitoring of ocean chemistry and biological impacts
associated with ocean acidification at selected coastal and
open-ocean monitoring stations, including satellite-based
monitoring to characterize--
(A) marine ecosystems;
(B) changes in marine productivity; and
(C) changes in surface ocean chemistry.
(2) Research to understand the species specific
physiological responses of marine organisms to ocean
acidification, impacts on marine food webs of ocean
acidification, and to develop environmental and ecological
indices that track marine ecosystem responses to ocean
acidification.
(3) Modeling to predict changes in the ocean carbon cycle as
a function of carbon dioxide and atmosphere-induced changes in
temperature, ocean circulation, biogeochemistry, ecosystem
[[Page 123 STAT. 1440]]
and terrestrial input, and modeling to determine impacts on
marine ecosystems and individual marine organisms.
(4) Technology development and standardization of carbonate
chemistry measurements on moorings and autonomous floats.
(5) Assessment of socioeconomic impacts of ocean
acidification and development of adaptation and mitigation
strategies to conserve marine organisms and marine ecosystems.
(d) <<NOTE: Contracts.>> National Academy of Sciences Evaluation.--
The Secretary shall enter into an agreement with the National Academy of
Sciences to review the plan.
(e) Public Participation.--In developing the plan, the Subcommittee
shall consult with representatives of academic, State, industry and
environmental groups. <<NOTE: Deadline. Federal
Register, publication.>> Not later than 90 days before the plan, or any
revision thereof, is submitted to the Congress, the plan shall be
published in the Federal Register for a public comment period of not
less than 60 days.
SEC. 12406. <<NOTE: 33 USC 3705.>> NOAA OCEAN ACIDIFICATION
ACTIVITIES.
(a) In General.--The Secretary shall establish and maintain an ocean
acidification program within the National Oceanic and Atmospheric
Administration to conduct research, monitoring, and other activities
consistent with the strategic research and implementation plan developed
by the Subcommittee under section 12405 that--
(1) includes--
(A) interdisciplinary research among the ocean and
atmospheric sciences, and coordinated research and
activities to improve understanding of ocean
acidification;
(B) the establishment of a long-term monitoring
program of ocean acidification utilizing existing global
and national ocean observing assets, and adding
instrumentation and sampling stations as appropriate to
the aims of the research program;
(C) research to identify and develop adaptation
strategies and techniques for effectively conserving
marine ecosystems as they cope with increased ocean
acidification;
(D) as an integral part of the research programs
described in this subtitle, educational opportunities
that encourage an interdisciplinary and international
approach to exploring the impacts of ocean
acidification;
(E) as an integral part of the research programs
described in this subtitle, national public outreach
activities to improve the understanding of current
scientific knowledge of ocean acidification and its
impacts on marine resources; and
(F) coordination of ocean acidification monitoring
and impacts research with other appropriate
international ocean science bodies such as the
International Oceanographic Commission, the
International Council for the Exploration of the Sea,
the North Pacific Marine Science Organization, and
others;
(2) provides grants for critical research projects that
explore the effects of ocean acidification on ecosystems and the
socioeconomic impacts of increased ocean acidification that are
relevant to the goals and priorities of the strategic research
plan; and
[[Page 123 STAT. 1441]]
(3) incorporates a competitive merit-based process for
awarding grants that may be conducted jointly with other
participating agencies or under the National Oceanographic
Partnership Program under section 7901 of title 10, United
States Code.
(b) Additional Authority.--In conducting the Program, the Secretary
may enter into and perform such contracts, leases, grants, or
cooperative agreements as may be necessary to carry out the purposes of
this subtitle on such terms as the Secretary considers appropriate.
SEC. 12407. <<NOTE: 33 USC 3706.>> NSF OCEAN ACIDIFICATION
ACTIVITIES.
(a) Research Activities.--The Director of the National Science
Foundation shall continue to carry out research activities on ocean
acidification which shall support competitive, merit-based, peer-
reviewed proposals for research and monitoring of ocean acidification
and its impacts, including--
(1) impacts on marine organisms and marine ecosystems;
(2) impacts on ocean, coastal, and estuarine
biogeochemistry; and
(3) the development of methodologies and technologies to
evaluate ocean acidification and its impacts.
(b) Consistency.--The research activities shall be consistent with
the strategic research plan developed by the Subcommittee under section
12405.
(c) Coordination.--The Director shall encourage coordination of the
Foundation's ocean acidification activities with such activities of
other nations and international organizations.
SEC. 12408. <<NOTE: 33 USC 3707.>> NASA OCEAN ACIDIFICATION
ACTIVITIES.
(a) Ocean Acidification Activities.--The Administrator of the
National Aeronautics and Space Administration, in coordination with
other relevant agencies, shall ensure that space-based monitoring assets
are used in as productive a manner as possible for monitoring of ocean
acidification and its impacts.
(b) Program Consistency.--The Administrator shall ensure that the
Agency's research and monitoring activities on ocean acidification are
carried out in a manner consistent with the strategic research plan
developed by the Subcommittee under section 12405.
(c) Coordination.--The Administrator shall encourage coordination of
the Agency's ocean acidification activities with such activities of
other nations and international organizations.
SEC. 12409. <<NOTE: 33 USC 3708.>> AUTHORIZATION OF
APPROPRIATIONS.
(a) NOAA.--There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration to carry out the purposes of this
subtitle--
(1) $8,000,000 for fiscal year 2009;
(2) $12,000,000 for fiscal year 2010;
(3) $15,000,000 for fiscal year 2011; and
(4) $20,000,000 for fiscal year 2012.
(b) NSF.--There are authorized to be appropriated to the National
Science Foundation to carry out the purposes of this subtitle--
(1) $6,000,000 for fiscal year 2009;
(2) $8,000,000 for fiscal year 2010;
(3) $12,000,000 for fiscal year 2011; and
[[Page 123 STAT. 1442]]
(4) $15,000,000 for fiscal year 2012.
Subtitle <<NOTE: Coastal and Estuarine Land Conservation Program Act.>>
E--Coastal and Estuarine Land Conservation Program
SEC. 12501. <<NOTE: 16 USC 1451 note.>> SHORT TITLE.
This Act may be cited as the ``Coastal and Estuarine Land
Conservation Program Act''.
SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE LAND
CONSERVATION PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by inserting after section 307 the following new section:
``authorization of the coastal and estuarine land conservation program
``Sec. 307A. <<NOTE: 16 USC 1456-1.>> (a) In General.--The
Secretary may conduct a Coastal and Estuarine Land Conservation Program,
in cooperation with appropriate State, regional, and other units of
government, for the purposes of protecting important coastal and
estuarine areas that have significant conservation, recreation,
ecological, historical, or aesthetic values, or that are threatened by
conversion from their natural, undeveloped, or recreational state to
other uses or could be managed or restored to effectively conserve,
enhance, or restore ecological function. The program shall be
administered by the National Ocean Service of the National Oceanic and
Atmospheric Administration through the Office of Ocean and Coastal
Resource Management.
``(b) Property Acquisition Grants.--The Secretary shall make grants
under the program to coastal states with approved coastal zone
management plans or National Estuarine Research Reserve units for the
purpose of acquiring property or interests in property described in
subsection (a) that will further the goals of--
``(1) a Coastal Zone Management Plan or Program approved
under this title;
``(2) a National Estuarine Research Reserve management plan;
``(3) a regional or State watershed protection or management
plan involving coastal states with approved coastal zone
management programs; or
``(4) a State coastal land acquisition plan that is
consistent with an approved coastal zone management program.
``(c) <<NOTE: Guidelines.>> Grant Process.--The Secretary shall
allocate funds to coastal states or National Estuarine Research Reserves
under this section through a competitive grant process in accordance
with guidelines that meet the following requirements:
``(1) The Secretary shall consult with the coastal state's
coastal zone management program, any National Estuarine Research
Reserve in that State, and the lead agency designated by the
Governor for coordinating the implementation of this section (if
different from the coastal zone management program).
``(2) Each participating coastal state, after consultation
with local governmental entities and other interested
stakeholders,
[[Page 123 STAT. 1443]]
shall identify priority conservation needs within the State, the
values to be protected by inclusion of lands in the program, and
the threats to those values that should be avoided.
``(3) Each participating coastal state shall to the extent
practicable ensure that the acquisition of property or easements
shall complement working waterfront needs.
``(4) The applicant shall identify the values to be
protected by inclusion of the lands in the program, management
activities that are planned and the manner in which they may
affect the values identified, and any other information from the
landowner relevant to administration and management of the land.
``(5) Awards shall be based on demonstrated need for
protection and ability to successfully leverage funds among
participating entities, including Federal programs, regional
organizations, State and other governmental units, landowners,
corporations, or private organizations.
``(6) The governor, or the lead agency designated by the
governor for coordinating the implementation of this section,
where appropriate in consultation with the appropriate local
government, shall determine that the application is consistent
with the State's or territory's approved coastal zone plan,
program, and policies prior to submittal to the Secretary.
``(7)(A) Priority shall be given to lands described in
subsection (a) that can be effectively managed and protected and
that have significant ecological value.
``(B) Of the projects that meet the standard in subparagraph
(A), priority shall be given to lands that--
``(i) are under an imminent threat of conversion to
a use that will degrade or otherwise diminish their
natural, undeveloped, or recreational state; and
``(ii) serve to mitigate the adverse impacts caused
by coastal population growth in the coastal environment.
``(8) In developing guidelines under this section, the
Secretary shall consult with coastal states, other Federal
agencies, and other interested stakeholders with expertise in
land acquisition and conservation procedures.
``(9) Eligible coastal states or National Estuarine Research
Reserves may allocate grants to local governments or agencies
eligible for assistance under section 306A(e).
``(10) <<NOTE: Performance
measures. Evaluations. Deadline.>> The Secretary shall develop
performance measures that the Secretary shall use to evaluate
and report on the program's effectiveness in accomplishing its
purposes, and shall submit such evaluations to Congress
triennially.
``(d) Limitations and Private Property Protections.--
``(1) A grant awarded under this section may be used to
purchase land or an interest in land, including an easement,
only from a willing seller. Any such purchase shall not be the
result of a forced taking under this section. Nothing in this
section requires a private property owner to participate in the
program under this section.
``(2) Any interest in land, including any easement, acquired
with a grant under this section shall not be considered to
create any new liability, or have any effect on liability under
any other law, of any private property owner with respect to any
person injured on the private property.
``(3) Nothing in this section requires a private property
owner to provide access (including Federal, State, or local
[[Page 123 STAT. 1444]]
government access) to or use of private property unless such
property or an interest in such property (including a
conservation easement) has been purchased with funds made
available under this section.
``(e) Recognition of Authority to Control Land Use.--Nothing in this
title modifies the authority of Federal, State, or local governments to
regulate land use.
``(f) Matching Requirements.--
``(1) In general.--The Secretary may not make a grant under
the program unless the Federal funds are matched by non-Federal
funds in accordance with this subsection.
``(2) Cost share requirement.--
``(A) In general.--Grant funds under the program
shall require a 100 percent match from other non-Federal
sources.
``(B) Waiver of requirement.--The Secretary may
grant a waiver of subparagraph (A) for underserved
communities, communities that have an inability to draw
on other sources of funding because of the small
population or low income of the community, or for other
reasons the Secretary deems appropriate and consistent
with the purposes of the program.
``(3) Other federal funds.--Where financial assistance
awarded under this section represents only a portion of the
total cost of a project, funding from other Federal sources may
be applied to the cost of the project. Each portion shall be
subject to match requirements under the applicable provision of
law.
``(4) Source of matching cost share.--For purposes of
paragraph (2)(A), the non-Federal cost share for a project may
be determined by taking into account the following:
``(A) <<NOTE: Determination.>> The value of land or
a conservation easement may be used by a project
applicant as non-Federal match, if the Secretary
determines that--
``(i) <<NOTE: Time period.>> the land meets
the criteria set forth in section 2(b) and is
acquired in the period beginning 3 years before
the date of the submission of the grant
application and ending 3 years after the date of
the award of the grant;
``(ii) the value of the land or easement is
held by a non-governmental organization included
in the grant application in perpetuity for
conservation purposes of the program; and
``(iii) the land or easement is connected
either physically or through a conservation
planning process to the land or easement that
would be acquired.
``(B) The appraised value of the land or
conservation easement at the time of the grant closing
will be considered and applied as the non-Federal cost
share.
``(C) Costs associated with land acquisition, land
management planning, remediation, restoration, and
enhancement may be used as non- Federal match if the
activities are identified in the plan and expenses are
incurred within the period of the grant award, or, for
lands described in (A), within the same time limits
described therein. These costs may include either cash
or in-kind contributions.
[[Page 123 STAT. 1445]]
``(g) Reservation of Funds for National Estuarine Research Reserve
Sites.--No less than 15 percent of funds made available under this
section shall be available for acquisitions benefitting National
Estuarine Research Reserves.
``(h) Limit on Administrative Costs.--No more than 5 percent of the
funds made available to the Secretary under this section shall be used
by the Secretary for planning or administration of the
program. <<NOTE: Reports. Deadline.>> The Secretary shall provide a
report to Congress with an account of all expenditures under this
section for fiscal year 2009 and triennially thereafter.
``(i) Title and Management of Acquired Property.--If any property is
acquired in whole or in part with funds made available through a grant
under this section, the grant recipient shall provide--
``(1) such assurances as the Secretary may require that--
``(A) the title to the property will be held by the
grant recipient or another appropriate public agency
designated by the recipient in perpetuity;
``(B) the property will be managed in a manner that
is consistent with the purposes for which the land
entered into the program and shall not convert such
property to other uses; and
``(C) if the property or interest in land is sold,
exchanged, or divested, funds equal to the current value
will be returned to the Secretary in accordance with
applicable Federal law for redistribution in the grant
process; and
``(2) <<NOTE: Certification.>> certification that the
property (including any interest in land) will be acquired from
a willing seller.
``(j) Requirement for Property Used for Non-Federal Match.--If the
grant recipient elects to use any land or interest in land held by a
non-governmental organization as a non-Federal match under subsection
(g), the grant recipient must to the Secretary's satisfaction
demonstrate in the grant application that such land or interest will
satisfy the same requirements as the lands or interests in lands
acquired under the program.
``(k) Definitions.--In this section:
``(1) Conservation easement.--The term `conservation
easement' includes an easement or restriction, recorded deed, or
a reserve interest deed where the grantee acquires all rights,
title, and interest in a property, that do not conflict with the
goals of this section except those rights, title, and interests
that may run with the land that are expressly reserved by a
grantor and are agreed to at the time of purchase.
``(2) Interest in property.--The term `interest in property'
includes a conservation easement.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $60,000,000 for
each of fiscal years 2009 through 2013.''.
[[Page 123 STAT. 1446]]
TITLE XIII--MISCELLANEOUS
SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH DAKOTA TRUST
FUNDS.
(a) North Dakota Trust Funds.--The Act of February 22, 1889 (25
Stat. 676, chapter 180), is amended by adding at the end the following:
``SEC. 26. NORTH DAKOTA TRUST FUNDS.
``(a) Disposition.--Notwithstanding section 11, the State of North
Dakota shall, with respect to any trust fund in which proceeds from the
sale of public land are deposited under this Act (referred to in this
section as the `trust fund')--
``(1) deposit all revenues earned by a trust fund into the
trust fund;
``(2) deduct the costs of administering a trust fund from
each trust fund; and
``(3) manage each trust fund to--
``(A) preserve the purchasing power of the trust
fund; and
``(B) maintain stable distributions to trust fund
beneficiaries.
``(b) Distributions.--Notwithstanding section 11, any distributions
from trust funds in the State of North Dakota shall be made in
accordance with section 2 of article IX of the Constitution of the State
of North Dakota.
``(c) Management of Proceeds.--Notwithstanding section 13, the State
of North Dakota shall manage the proceeds referred to in that section in
accordance with subsections (a) and (b).
``(d) Management of Land and Proceeds.--Notwithstanding sections 14
and 16, the State of North Dakota shall manage the land granted under
that section, including any proceeds from the land, and make
distributions in accordance with subsections (a) and (b).''.
(b) Management and Distribution of Morrill Act Grants.--The Act of
July 2, 1862 (commonly known as the ``First Morrill Act'') (7 U.S.C. 301
et seq.), is amended by adding at the end the following:
``SEC. 9. <<NOTE: 7 USC 309.>> LAND GRANTS IN THE STATE OF NORTH
DAKOTA.
``(a) Expenses.--Notwithstanding section 3, the State of North
Dakota shall manage the land granted to the State under the first
section, including any proceeds from the land, in accordance with this
section.
``(b) Disposition of Proceeds.--Notwithstanding section 4, the State
of North Dakota shall, with respect to any trust fund in which proceeds
from the sale of land under this Act are deposited (referred to in this
section as the `trust fund')--
``(1) deposit all revenues earned by a trust fund into the
trust fund;
``(2) deduct the costs of administering a trust fund from
each trust fund; and
``(3) manage each trust fund to--
``(A) preserve the purchasing power of the trust
fund; and
``(B) maintain stable distributions to trust fund
beneficiaries.
[[Page 123 STAT. 1447]]
``(c) Distributions.--Notwithstanding section 4, any distributions
from trust funds in the State of North Dakota shall be made in
accordance with section 2 of article IX of the Constitution of the State
of North Dakota.
``(d) Management.--Notwithstanding section 5, the State of North
Dakota shall manage the land granted under the first section, including
any proceeds from the land, in accordance with this section.''.
(c) <<NOTE: Effective date.>> Consent of Congress.--Effective July
1, 2009, Congress consents to the amendments to the Constitution of
North Dakota proposed by House Concurrent Resolution No. 3037 of the
59th Legislature of the State of North Dakota entitled ``A concurrent
resolution for the amendment of sections 1 and 2 of article IX of the
Constitution of North Dakota, relating to distributions from and the
management of the common schools trust fund and the trust funds of other
educational or charitable institutions; and to provide a contingent
effective date'' and approved by the voters of the State of North Dakota
on November 7, 2006.
SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORATION AND IRRIGATION
MITIGATION ACT OF 2000.
(a) Priority Projects.--Section 3(c)(3) of the Fisheries Restoration
and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law
106-502) is amended by striking ``$5,000,000'' and inserting
``$2,500,000''.
(b) Cost Sharing.--Section 7(c) of Fisheries Restoration and
Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-
502) is amended--
(1) by striking ``The value'' and inserting the following:
``(1) In general.--The value''; and
(2) by adding at the end the following:
``(2) Bonneville power administration.--
``(A) In general.--The Secretary may, without
further appropriation and without fiscal year
limitation, accept any amounts provided to the Secretary
by the Administrator of the Bonneville Power
Administration.
``(B) Non-federal share.--Any amounts provided by
the Bonneville Power Administration directly or through
a grant to another entity for a project carried under
the Program shall be credited toward the non-Federal
share of the costs of the project.''.
(c) Report.--Section 9 of the Fisheries Restoration and Irrigation
Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is
amended--
(1) by inserting ``any'' before ``amounts are made''; and
(2) by inserting after ``Secretary shall'' the following:
``, after partnering with local governmental entities and the
States in the Pacific Ocean drainage area,''.
(d) Authorization of Appropriations.--Section 10 of the Fisheries
Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note;
Public Law 106-502) is amended--
(1) in subsection (a), by striking ``2001 through 2005'' and
inserting ``2009 through 2015''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Administrative expenses.--
[[Page 123 STAT. 1448]]
``(A) Definition of administrative expense.--In this
paragraph, the term `administrative expense' means,
except as provided in subparagraph (B)(iii)(II), any
expenditure relating to--
``(i) staffing and overhead, such as the
rental of office space and the acquisition of
office equipment; and
``(ii) the review, processing, and provision
of applications for funding under the Program.
``(B) Limitation.--
``(i) In general.--Not more than 6 percent of
amounts made available to carry out this Act for
each fiscal year may be used for Federal and State
administrative expenses of carrying out this Act.
``(ii) Federal and state shares.--To the
maximum extent practicable, of the amounts made
available for administrative expenses under clause
(i)--
``(I) 50 percent shall be provided
to the State agencies provided
assistance under the Program; and
``(II) an amount equal to the cost
of 1 full-time equivalent Federal
employee, as determined by the
Secretary, shall be provided to the
Federal agency carrying out the Program.
``(iii) State expenses.--Amounts made
available to States for administrative expenses
under clause (i)--
``(I) shall be divided evenly among
all States provided assistance under the
Program; and
``(II) may be used by a State to
provide technical assistance relating to
the program, including any staffing
expenditures (including staff travel
expenses) associated with--
``(aa) arranging meetings to
promote the Program to potential
applicants;
``(bb) assisting applicants
with the preparation of
applications for funding under
the Program; and
``(cc) visiting construction
sites to provide technical
assistance, if requested by the
applicant.''.
SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE ACT.
Section 107(a) of the Alaska Natural Gas Pipeline Act (15 U.S.C.
720e(a)) is amended by striking paragraph (3) and inserting the
following:
``(3) the validity of any determination, permit, approval,
authorization, review, or other related action taken under any
provision of law relating to a gas transportation project
constructed and operated in accordance with section 103,
including--
``(A) subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
`Administrative Procedure Act');
``(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
[[Page 123 STAT. 1449]]
``(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(D) the National Historic Preservation Act (16
U.S.C. 470 et seq.); and
``(E) the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.).''.
SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DEPARTMENT OF
ENERGY.
(a) In General.--Section 203(a) of the Department of Energy
Organization Act (42 U.S.C. 7133(a)) is amended in the first sentence by
striking ``7 Assistant Secretaries'' and inserting ``8 Assistant
Secretaries''.
(b) Conforming Amendment.--Section 5315 of title 5, United States
Code, is amended by striking ``Assistant Secretaries of Energy (7)'' and
inserting ``Assistant Secretaries of Energy (8)''.
SEC. 13005. <<NOTE: New Mexico.>> LOVELACE RESPIRATORY RESEARCH
INSTITUTE.
(a) Definitions.--In this section:
(1) Institute.--The term ``Institute'' means the Lovelace
Respiratory Research Institute, a nonprofit organization
chartered under the laws of the State of New Mexico.
(2) Map.--The term ``map'' means the map entitled ``Lovelace
Respiratory Research Institute Land Conveyance'' and dated March
18, 2008.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Energy, with respect to matters
concerning the Department of Energy;
(B) the Secretary of the Interior, with respect to
matters concerning the Department of the Interior; and
(C) the Secretary of the Air Force, with respect to
matters concerning the Department of the Air Force.
(4) Secretary of energy.--The term ``Secretary of Energy''
means the Secretary of Energy, acting through the Administrator
for the National Nuclear Security Administration.
(b) Conveyance of Land.--
(1) In general.--Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)) and subject to valid
existing rights and this section, the Secretary of Energy, in
consultation with the Secretary of the Interior and the
Secretary of the Air Force, may convey to the Institute, on
behalf of the United States, all right, title, and interest of
the United States in and to the parcel of land described in
paragraph (2) for research, scientific, or educational use.
(2) Description of land.--The parcel of land referred to in
paragraph (1)--
(A) is the approximately 135 acres of land
identified as ``Parcel A'' on the map;
(B) includes any improvements to the land described
in subparagraph (A); and
(C) excludes any portion of the utility system and
infrastructure reserved by the Secretary of the Air
Force under paragraph (4).
(3) Other federal agencies.--The Secretary of the Interior
and the Secretary of the Air Force shall complete
[[Page 123 STAT. 1450]]
any real property actions, including the revocation of any
Federal withdrawals of the parcel conveyed under paragraph (1)
and the parcel described in subsection (c)(1), that are
necessary to allow the Secretary of Energy to--
(A) convey the parcel under paragraph (1); or
(B) transfer administrative jurisdiction under
subsection (c).
(4) Reservation of utility infrastructure and access.--The
Secretary of the Air Force may retain ownership and control of--
(A) any portions of the utility system and
infrastructure located on the parcel conveyed under
paragraph (1); and
(B) any rights of access determined to be necessary
by the Secretary of the Air Force to operate and
maintain the utilities on the parcel.
(5) Restrictions on use.--
(A) Authorized uses.--The Institute shall allow only
research, scientific, or educational uses of the parcel
conveyed under paragraph (1).
(B) Reversion.--
(i) In general.--If, at any time, the
Secretary of Energy, in consultation with the
Secretary of the Air Force, determines, in
accordance with clause (ii), that the parcel
conveyed under paragraph (1) is not being used for
a purpose described in subparagraph (A)--
(I) all right, title, and interest
in and to the entire parcel, or any
portion of the parcel not being used for
the purposes, shall revert, at the
option of the Secretary, to the United
States; and
(II) the United States shall have
the right of immediate entry onto the
parcel.
(ii) Requirements for determination.--Any
determination of the Secretary under clause (i)
shall be made on the record and after an
opportunity for a hearing.
(6) Costs.--
(A) In general.--The Secretary of Energy shall
require the Institute to pay, or reimburse the Secretary
concerned, for any costs incurred by the Secretary
concerned in carrying out the conveyance under paragraph
(1), including any survey costs related to the
conveyance.
(B) Refund.--If the Secretary concerned collects
amounts under subparagraph (A) from the Institute before
the Secretary concerned incurs the actual costs, and the
amount collected exceeds the actual costs incurred by
the Secretary concerned to carry out the conveyance, the
Secretary concerned shall refund to the Institute an
amount equal to difference between--
(i) the amount collected by the Secretary
concerned; and
(ii) the actual costs incurred by the
Secretary concerned.
(C) Deposit in fund.--
(i) In general.--Amounts received by the
United States under this paragraph as a
reimbursement or
[[Page 123 STAT. 1451]]
recovery of costs incurred by the Secretary
concerned to carry out the conveyance under
paragraph (1) shall be deposited in the fund or
account that was used to cover the costs incurred
by the Secretary concerned in carrying out the
conveyance.
(ii) Use.--Any amounts deposited under clause
(i) shall be available for the same purposes, and
subject to the same conditions and limitations, as
any other amounts in the fund or account.
(7) Contaminated land.--In consideration for the conveyance
of the parcel under paragraph (1), the Institute shall--
(A) take fee title to the parcel and any
improvements to the parcel, as contaminated;
(B) be responsible for undertaking and completing
all environmental remediation required at, in, under,
from, or on the parcel for all environmental conditions
relating to or arising from the release or threat of
release of waste material, substances, or constituents,
in the same manner and to the same extent as required by
law applicable to privately owned facilities, regardless
of the date of the contamination or the responsible
party;
(C) indemnify the United States for--
(i) any environmental remediation or response
costs the United States reasonably incurs if the
Institute fails to remediate the parcel; or
(ii) contamination at, in, under, from, or on
the land, for all environmental conditions
relating to or arising from the release or threat
of release of waste material, substances, or
constituents;
(D) indemnify, defend, and hold harmless the United
States from any damages, costs, expenses, liabilities,
fines, penalties, claim, or demand for loss, including
claims for property damage, personal injury, or death
resulting from releases, discharges, emissions, spills,
storage, disposal, or any other acts or omissions by the
Institute and any officers, agents, employees,
contractors, sublessees, licensees, successors, assigns,
or invitees of the Institute arising from activities
conducted, on or after October 1, 1996, on the parcel
conveyed under paragraph (1); and
(E) reimburse the United States for all legal and
attorney fees, costs, and expenses incurred in
association with the defense of any claims described in
subparagraph (D).
(8) Contingent environmental response obligations.--If the
Institute does not undertake or complete environmental
remediation as required by paragraph (7) and the United States
is required to assume the responsibilities of the remediation,
the Secretary of Energy shall be responsible for conducting any
necessary environmental remediation or response actions with
respect to the parcel conveyed under paragraph (1).
(9) No additional compensation.--Except as otherwise
provided in this section, no additional consideration shall be
required for conveyance of the parcel to the Institute under
paragraph (1).
(10) Access and utilities.--On conveyance of the parcel
under paragraph (1), the Secretary of the Air Force shall, on
behalf of the United States and subject to any terms and
[[Page 123 STAT. 1452]]
conditions as the Secretary determines to be necessary
(including conditions providing for the reimbursement of costs),
provide the Institute with--
(A) access for employees and invitees of the
Institute across Kirtland Air Force Base to the parcel
conveyed under that paragraph; and
(B) access to utility services for the land and any
improvements to the land conveyed under that paragraph.
(11) Additional term and conditions.--The Secretary of
Energy, in consultation with the Secretary of the Interior and
Secretary of the Air Force, may require any additional terms and
conditions for the conveyance under paragraph (1) that the
Secretaries determine to be appropriate to protect the interests
of the United States.
(c) Transfer of Administrative Jurisdiction.--
(1) In general.--After the conveyance under subsection
(b)(1) has been completed, the Secretary of Energy shall, on
request of the Secretary of the Air Force, transfer to the
Secretary of the Air Force administrative jurisdiction over the
parcel of approximately 7 acres of land identified as ``Parcel
B'' on the map, including any improvements to the parcel.
(2) Removal of improvements.--In concurrence with the
transfer under paragraph (1), the Secretary of Energy shall, on
request of the Secretary of the Air Force, arrange and pay for
removal of any improvements to the parcel transferred under that
paragraph.
SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL TROPICAL
BOTANICAL GARDEN.
Chapter 1535 of title 36, United States Code, is amended by adding
at the end the following:
``Sec. 153514. Authorization of appropriations
``(a) In General.--Subject to subsection (b), there is authorized to
be appropriated to the corporation for operation and maintenance
expenses $500,000 for each of fiscal years 2008 through 2017.
``(b) Limitation.--Any Federal funds made available under subsection
(a) shall be matched on a 1-to-1 basis by non-Federal funds.''.
TITLE <<NOTE: Christopher and Dana Reeve Paralysis Act.>> XIV--
CHRISTOPHER AND DANA REEVE PARALYSIS ACT
SEC. 14001. <<NOTE: 42 USC 201 note.>> SHORT TITLE.
This title may be cited as the ``Christopher and Dana Reeve
Paralysis Act''.
Subtitle A--Paralysis Research
SEC. 14101. <<NOTE: 42 USC 284o.>> ACTIVITIES OF THE NATIONAL
INSTITUTES OF HEALTH WITH RESPECT TO
RESEARCH ON PARALYSIS.
(a) Coordination.--The Director of the National Institutes of Health
(referred to in this title as the ``Director''), pursuant to the general
authority of the Director, may develop mechanisms to coordinate the
paralysis research and rehabilitation activities of the Institutes and
Centers of the National Institutes of Health
[[Page 123 STAT. 1453]]
in order to further advance such activities and avoid duplication of
activities.
(b) Christopher and Dana Reeve Paralysis Research Consortia.--
(1) In general.--The Director may make awards of grants to
public or private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic operating
support for consortia in paralysis
research. <<NOTE: Designation.>> The Director shall designate
each consortium funded through such grants as a Christopher and
Dana Reeve Paralysis Research Consortium.
(2) Research.--Each consortium under paragraph (1)--
(A) may conduct basic, translational, and clinical
paralysis research;
(B) may focus on advancing treatments and developing
therapies in paralysis research;
(C) may focus on one or more forms of paralysis that
result from central nervous system trauma or stroke;
(D) may facilitate and enhance the dissemination of
clinical and scientific findings; and
(E) may replicate the findings of consortia members
or other researchers for scientific and translational
purposes.
(3) Coordination of consortia; reports.--The Director may,
as appropriate, provide for the coordination of information
among consortia under paragraph (1) and ensure regular
communication among members of the consortia, and may require
the periodic preparation of reports on the activities of the
consortia and the submission of the reports to the Director.
(4) Organization of consortia.--Each consortium under
paragraph (1) may use the facilities of a single lead
institution, or be formed from several cooperating institutions,
meeting such requirements as may be prescribed by the Director.
(c) Public Input.--The Director may provide for a mechanism to
educate and disseminate information on the existing and planned programs
and research activities of the National Institutes of Health with
respect to paralysis and through which the Director can receive comments
from the public regarding such programs and activities.
Subtitle B--Paralysis Rehabilitation Research and Care
SEC. 14201. <<NOTE: 42 USC 284p.>> ACTIVITIES OF THE NATIONAL
INSTITUTES OF HEALTH WITH RESPECT TO
RESEARCH WITH IMPLICATIONS FOR
ENHANCING DAILY FUNCTION FOR PERSONS
WITH PARALYSIS.
(a) In General.--The Director, pursuant to the general authority of
the Director, may make awards of grants to public or private entities to
pay all or part of the costs of planning, establishing, improving, and
providing basic operating support to multicenter networks of clinical
sites that will collaborate to design clinical rehabilitation
intervention protocols and measures of outcomes on one or more forms of
paralysis that result from central nervous system trauma, disorders, or
stroke, or any combination of such conditions.
[[Page 123 STAT. 1454]]
(b) Research.--A multicenter network of clinical sites funded
through this section may--
(1) focus on areas of key scientific concern, including--
(A) improving functional mobility;
(B) promoting behavioral adaptation to functional
losses, especially to prevent secondary complications;
(C) assessing the efficacy and outcomes of medical
rehabilitation therapies and practices and assisting
technologies;
(D) developing improved assistive technology to
improve function and independence; and
(E) understanding whole body system responses to
physical impairments, disabilities, and societal and
functional limitations; and
(2) replicate the findings of network members or other
researchers for scientific and translation purposes.
(c) Coordination of Clinical Trials Networks; Reports.--The Director
may, as appropriate, provide for the coordination of information among
networks funded through this section and ensure regular communication
among members of the networks, and may require the periodic preparation
of reports on the activities of the networks and submission of reports
to the Director.
Subtitle C--Improving Quality of Life for Persons With Paralysis and
Other Physical Disabilities
SEC. 14301. <<NOTE: 42 USC 280g-9.>> PROGRAMS TO IMPROVE QUALITY
OF LIFE FOR PERSONS WITH PARALYSIS AND
OTHER PHYSICAL DISABILITIES.
(a) In General.--The Secretary of Health and Human Services (in this
subtitle referred to as the ``Secretary'') may study the unique health
challenges associated with paralysis and other physical disabilities and
carry out projects and interventions to improve the quality of life and
long-term health status of persons with paralysis and other physical
disabilities. The Secretary may carry out such projects directly and
through awards of grants or contracts.
(b) Certain Activities.--Activities under subsection (a) may
include--
(1) the development of a national paralysis and physical
disability quality of life action plan, to promote health and
wellness in order to enhance full participation, independent
living, self-sufficiency, and equality of opportunity in
partnership with voluntary health agencies focused on paralysis
and other physical disabilities, to be carried out in
coordination with the State-based Disability and Health Program
of the Centers for Disease Control and Prevention;
(2) support for programs to disseminate information
involving care and rehabilitation options and quality of life
grant programs supportive of community-based programs and
support systems for persons with paralysis and other physical
disabilities;
(3) in collaboration with other centers and national
voluntary health agencies, the establishment of a population-
based database that may be used for longitudinal and other
research on paralysis and other disabling conditions; and
[[Page 123 STAT. 1455]]
(4) the replication and translation of best practices and
the sharing of information across States, as well as the
development of comprehensive, unique, and innovative programs,
services, and demonstrations within existing State-based
disability and health programs of the Centers for Disease
Control and Prevention which are designed to support and advance
quality of life programs for persons living with paralysis and
other physical disabilities focusing on--
(A) caregiver education;
(B) promoting proper nutrition, increasing physical
activity, and reducing tobacco use;
(C) education and awareness programs for health care
providers;
(D) prevention of secondary complications;
(E) home- and community-based interventions;
(F) coordinating services and removing barriers that
prevent full participation and integration into the
community; and
(G) recognizing the unique needs of underserved
populations.
(c) Grants.--The Secretary may award grants in accordance with the
following:
(1) To State and local health and disability agencies for
the purpose of--
(A) establishing a population-based database that
may be used for longitudinal and other research on
paralysis and other disabling conditions;
(B) developing comprehensive paralysis and other
physical disability action plans and activities focused
on the items listed in subsection (b)(4);
(C) assisting State-based programs in establishing
and implementing partnerships and collaborations that
maximize the input and support of people with paralysis
and other physical disabilities and their constituent
organizations;
(D) coordinating paralysis and physical disability
activities with existing State-based disability and
health programs;
(E) providing education and training opportunities
and programs for health professionals and allied
caregivers; and
(F) developing, testing, evaluating, and replicating
effective intervention programs to maintain or improve
health and quality of life.
(2) To private health and disability organizations for the
purpose of--
(A) disseminating information to the public;
(B) improving access to services for persons living
with paralysis and other physical disabilities and their
caregivers;
(C) testing model intervention programs to improve
health and quality of life; and
(D) coordinating existing services with State-based
disability and health programs.
(d) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate by the
agencies of the Department of Health and Human Services.
[[Page 123 STAT. 1456]]
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $25,000,000 for
each of fiscal years 2008 through 2011.
TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION
SEC. 15101. <<NOTE: 20 USC 50 note.>> LABORATORY AND SUPPORT
SPACE, EDGEWATER, MARYLAND.
(a) Authority To Design and Construct.--The Board of Regents of the
Smithsonian Institution is authorized to design and construct laboratory
and support space to accommodate the Mathias Laboratory at the
Smithsonian Environmental Research Center in Edgewater, Maryland.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section a total of $41,000,000 for fiscal
years 2009 through 2011. Such sums shall remain available until
expended.
SEC. 15102. <<NOTE: 20 USC 50 note.>> LABORATORY SPACE, GAMBOA,
PANAMA.
(a) Authority To Construct.--The Board of Regents of the Smithsonian
Institution is authorized to construct laboratory space to accommodate
the terrestrial research program of the Smithsonian tropical research
institute in Gamboa, Panama.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section a total of $14,000,000 for fiscal
years 2009 and 2010. Such sums shall remain available until expended.
SEC. 15103. <<NOTE: Maryland. 20 USC 50 note.>> CONSTRUCTION OF
GREENHOUSE FACILITY.
(a) In General.--The Board of Regents of the Smithsonian Institution
is authorized to construct a greenhouse facility at its museum support
facility in Suitland, Maryland, to maintain the horticultural operations
of, and preserve the orchid collection held in trust by, the Smithsonian
Institution.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $12,000,000 to carry out this section. Such sums shall
remain available until expended.
Approved March 30, 2009.
LEGISLATIVE HISTORY--H.R. 146:
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CONGRESSIONAL RECORD, Vol. 155 (2009):
Mar. 2, 3, considered and passed House.
Mar. 17-19, considered and passed Senate, amended.
Mar. 25, House concurred in Senate amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009):
Mar. 30, Presidential remarks and statement.
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