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[111th CONGRESS Senate Bills] | |
[From the U.S. Government Printing Office via GPO Access] | |
[DOCID: s22pcs.txt] | |
[Placed on Calendar Senate] | |
Calendar No. 13 | |
111th CONGRESS | |
1st Session | |
S. 22 | |
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. | |
_______________________________________________________________________ | |
IN THE SENATE OF THE UNITED STATES | |
January 7, 2009 | |
Mr. Bingaman introduced the following bill; which was read the first | |
time | |
January 8, 2009 | |
Read the second time and placed on the calendar | |
_______________________________________________________________________ | |
A BILL | |
To designate certain land as components of the National Wilderness | |
Preservation System, to authorize certain programs and activities in | |
the Department of the Interior and the Department of Agriculture, and | |
for other purposes. | |
Be it enacted by the Senate and House of Representatives of the | |
United States of America in Congress assembled, | |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. | |
(a) Short Title.--This Act may be cited as the ``Omnibus Public | |
Land Management Act of 2009''. | |
(b) Table of Contents.--The table of contents of this Act is as | |
follows: | |
Sec. 1. Short title; table of contents. | |
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM | |
Subtitle A--Wild Monongahela Wilderness | |
Sec. 1001. Designation of wilderness, Monongahela National Forest, West | |
Virginia. | |
Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness, | |
Monongahela National Forest. | |
Sec. 1003. Monongahela National Forest boundary confirmation. | |
Sec. 1004. Enhanced Trail Opportunities. | |
Subtitle B--Virginia Ridge and Valley Wilderness | |
Sec. 1101. Definitions. | |
Sec. 1102. Designation of additional National Forest System land in | |
Jefferson National Forest, Virginia, 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. | |
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. | |
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. | |
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. | |
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--Management of the Baca National Wildlife Refuge | |
Sec. 6201. Baca National Wildlife Refuge. | |
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. | |
Subtitle F--Wolf Livestock Loss Demonstration Project | |
Sec. 6501. Definitions. | |
Sec. 6502. Wolf compensation and prevention program. | |
Sec. 6503. Authorization of appropriations. | |
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. | |
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. National Park System Advisory Board. | |
Sec. 7404. Concessions Management Advisory Board. | |
Sec. 7405. 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. | |
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 Cailfornia 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. | |
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. | |
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. | |
Sec. 12307. Report to Congress. | |
Sec. 12308. Public-private use policy. | |
Sec. 12309. Independent cost estimate. | |
Sec. 12310. Intent of Congress. | |
Sec. 12311. Authorization of appropriations. | |
Subtitle D--Federal Ocean Acidification Research and Monitoring Act of | |
2009 | |
Sec. 12401. Short title. | |
Sec. 12402. Purposes. | |
Sec. 12403. Definitions. | |
Sec. 12404. Interagency subcommittee. | |
Sec. 12405. Strategic research plan. | |
Sec. 12406. NOAA ocean acidification activities. | |
Sec. 12407. NSF ocean acidification activities. | |
Sec. 12408. NASA ocean acidification activities. | |
Sec. 12409. Authorization of appropriations. | |
Subtitle E--Coastal and Estuarine Land Conservation Program | |
Sec. 12501. Short title. | |
Sec. 12502. Authorization of Coastal and Estuarine Land Conservation | |
Program. | |
TITLE XIII--MISCELLANEOUS | |
Sec. 13001. Management and distribution of North Dakota trust funds. | |
Sec. 13002. Amendments to the Fisheries Restoration and Irrigation | |
Mitigation Act of 2000. | |
Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act. | |
Sec. 13004. Additional Assistant Secretary for Department of Energy. | |
Sec. 13005. Lovelace Respiratory Research Institute. | |
Sec. 13006. Authorization of appropriations for National Tropical | |
Botanical Garden. | |
TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT | |
Sec. 14001. Short title. | |
Subtitle A--Paralysis Research | |
Sec. 14101. Activities of the National Institutes of Health with | |
respect to research on paralysis. | |
Subtitle B--Paralysis Rehabilitation Research and Care | |
Sec. 14201. Activities of the National Institutes of Health with | |
respect to research with implications for | |
enhancing daily function for persons with | |
paralysis. | |
Subtitle C--Improving Quality of Life for Persons With Paralysis and | |
Other Physical Disabilities | |
Sec. 14301. Programs to improve quality of life for persons with | |
paralysis and other physical disabilities. | |
TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION | |
Sec. 15101. Laboratory and support space, Edgewater, Maryland. | |
Sec. 15102. Laboratory space, Gamboa, Panama. | |
Sec. 15103. Construction of greenhouse facility. | |
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM | |
Subtitle A--Wild Monongahela Wilderness | |
SEC. 1001. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL FOREST, WEST | |
VIRGINIA. | |
(a) Designation.--In furtherance of the purposes of the Wilderness | |
Act (16 U.S.C. 1131 et seq.), the following Federal lands within the | |
Monongahela National Forest in the State of West Virginia are | |
designated as wilderness and as either a new component of the National | |
Wilderness Preservation System or as an addition 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) and the Roaring Plains West Wilderness | |
Area designated by paragraph (5) of such subsection, in a manner | |
compatible with the preservation of such areas as wilderness. | |
(d) Effective Date of Wilderness Act.--With respect to the Federal | |
lands designated as wilderness by subsection (a), any reference in the | |
Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the | |
Wilderness Act shall be deemed to be a reference to the date of the | |
enactment of this Act. | |
(e) Fish and Wildlife.--As provided in section 4(d)(7) of the | |
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects | |
the jurisdiction or responsibility of the State of West Virginia with | |
respect to wildlife and fish. | |
SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS, | |
MONONGAHELA NATIONAL FOREST. | |
(a) Boundary Adjustment.--The boundary of the Laurel Fork South | |
Wilderness designated by section 1(3) of Public Law 97-466 (96 Stat. | |
2538) is modified to exclude two parcels of land, as generally depicted | |
on the map entitled ``Monongahela National Forest Laurel Fork South | |
Wilderness Boundary Modification'' and dated March 11, 2008, and more | |
particularly described according to the site-specific maps and legal | |
descriptions on file in the office of the Forest Supervisor, | |
Monongahela National Forest. The general map shall be on file and | |
available for public inspection in the Office of the Chief of the | |
Forest Service. | |
(b) Management.--Federally owned land delineated on the maps | |
referred to in subsection (a) as the Laurel Fork South Wilderness, as | |
modified by such subsection, shall continue to be administered by the | |
Secretary of Agriculture in accordance with the Wilderness Act (16 | |
U.S.C. 1131 et seq.). | |
SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION. | |
(a) In General.--The boundary of the Monongahela National Forest is | |
confirmed to include the tracts of land as generally depicted on the | |
map entitled ``Monongahela National Forest Boundary Confirmation'' and | |
dated March 13, 2008, and all Federal lands under the jurisdiction of | |
the Secretary of Agriculture, acting through the Chief of the Forest | |
Service, encompassed within such boundary shall be managed under the | |
laws and regulations pertaining to the National Forest System. | |
(b) Land and Water Conservation Fund.--For the purposes of section | |
7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l- | |
9), the boundaries of the Monongahela National Forest, as confirmed by | |
subsection (a), shall be considered to be the boundaries of the | |
Monongahela National Forest as of January 1, 1965. | |
SEC. 1004. ENHANCED TRAIL OPPORTUNITIES. | |
(a) Plan.-- | |
(1) In general.--The Secretary of Agriculture, in | |
consultation with interested parties, shall develop a plan to | |
provide for enhanced nonmotorized recreation trail | |
opportunities on lands not designated as wilderness within the | |
Monongahela National Forest. | |
(2) Nonmotorized recreation trail defined.--For the | |
purposes of this subsection, the term ``nonmotorized recreation | |
trail'' means a trail designed for hiking, bicycling, and | |
equestrian use. | |
(b) Report.--Not later than two years after the date of the | |
enactment of this Act, the Secretary of Agriculture shall submit to | |
Congress a report on the implementation of the plan required under | |
subsection (a), including the identification of priority trails for | |
development. | |
(c) Consideration of Conversion of Forest Roads to Recreational | |
Uses.--In considering possible closure and decommissioning of a Forest | |
Service road within the Monongahela National Forest after the date of | |
the enactment of this Act, the Secretary of Agriculture, in accordance | |
with applicable law, may consider converting the road to nonmotorized | |
uses to enhance recreational opportunities within the Monongahela | |
National Forest. | |
Subtitle B--Virginia Ridge and Valley Wilderness | |
SEC. 1101. DEFINITIONS. | |
In this subtitle: | |
(1) Scenic areas.--The term ``scenic areas'' means the Seng | |
Mountain National Scenic Area and the Bear Creek National | |
Scenic Area. | |
(2) Secretary.--The term ``Secretary'' means the Secretary | |
of Agriculture. | |
SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND IN | |
JEFFERSON NATIONAL FOREST AS WILDERNESS OR A WILDERNESS | |
STUDY AREA. | |
(a) Designation of Wilderness.--Section 1 of Public Law 100-326 (16 | |
U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), is amended-- | |
(1) in the matter preceding paragraph (1), by striking | |
``System--'' and inserting ``System:''; | |
(2) by striking ``certain'' each place it appears and | |
inserting ``Certain''; | |
(3) in each of paragraphs (1) through (6), by striking the | |
semicolon at the end and inserting a period; | |
(4) in paragraph (7), by striking ``; and'' and inserting a | |
period; and | |
(5) by adding at the end the following: | |
``(9) Certain land in the Jefferson National Forest | |
comprising approximately 3,743 acres, as generally depicted on | |
the map entitled `Brush Mountain and Brush Mountain East' and | |
dated May 5, 2008, which shall be known as the `Brush Mountain | |
East Wilderness'. | |
``(10) Certain land in the Jefferson National Forest | |
comprising approximately 4,794 acres, as generally depicted on | |
the map entitled `Brush Mountain and Brush Mountain East' and | |
dated May 5, 2008, which shall be known as the `Brush Mountain | |
Wilderness'. | |
``(11) Certain land in the Jefferson National Forest | |
comprising approximately 4,223 acres, as generally depicted on | |
the map entitled `Seng Mountain and Raccoon Branch' and dated | |
April 28, 2008, which shall be known as the `Raccoon Branch | |
Wilderness'. | |
``(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)-- | |
(A) by striking ``certain'' each place it appears | |
and inserting ``Certain''; | |
(B) in each of paragraphs (1) and (2), by striking | |
the semicolon at the end and inserting a period; | |
(C) in paragraph (3), by striking ``; and'' and | |
inserting a period; and | |
(D) by adding at the end the following: | |
``(5) Certain land in the Jefferson National Forest | |
comprising approximately 3,226 acres, as generally depicted on | |
the map entitled `Lynn Camp Creek Wilderness Study Area' and | |
dated April 28, 2008, which shall be known as the `Lynn Camp | |
Creek Wilderness Study Area'.''. | |
SEC. 1103. DESIGNATION OF KIMBERLING CREEK POTENTIAL WILDERNESS AREA, | |
JEFFERSON NATIONAL FOREST, VIRGINIA. | |
(a) Designation.--In furtherance of the purposes of the Wilderness | |
Act (16 U.S.C. 1131 et seq.), certain land in the Jefferson National | |
Forest comprising approximately 349 acres, as generally depicted on the | |
map entitled ``Kimberling Creek Additions and Potential Wilderness | |
Area'' and dated April 28, 2008, is designated as a potential | |
wilderness area for incorporation in the Kimberling Creek Wilderness | |
designated by section 2(2) of the Virginia Wilderness Act of 1984 (16 | |
U.S.C. 1132 note; Public Law 98-586). | |
(b) Management.--Except as provided in subsection (c) and subject | |
to valid existing rights, the Secretary shall manage the potential | |
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 | |
et seq.). | |
(c) Ecological Restoration.-- | |
(1) In general.--For purposes of ecological restoration | |
(including the elimination of nonnative species, removal of | |
illegal, unused, or decommissioned roads, and any other | |
activity necessary to restore the natural ecosystems in the | |
potential wilderness area), the Secretary may use motorized | |
equipment and mechanized transport in the potential wilderness | |
area until the date on which the potential wilderness area is | |
incorporated into the Kimberling Creek Wilderness. | |
(2) Limitation.--To the maximum extent practicable, the | |
Secretary shall use the minimum tool or administrative practice | |
necessary to accomplish ecological restoration with the least | |
amount of adverse impact on wilderness character and resources. | |
(d) Wilderness Designation.--The potential wilderness area shall be | |
designated as wilderness and incorporated in the Kimberling Creek | |
Wilderness on the earlier of-- | |
(1) the date on which the Secretary publishes in the | |
Federal Register notice that the conditions in the potential | |
wilderness area that are incompatible with the Wilderness Act | |
(16 U.S.C. 1131 et seq.) have been removed; or | |
(2) the date that is 5 years after the date of enactment of | |
this Act. | |
SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFERSON | |
NATIONAL FOREST, VIRGINIA. | |
(a) Establishment.--There are designated as National Scenic Areas-- | |
(1) certain National Forest System land in the Jefferson | |
National Forest, comprising approximately 5,192 acres, as | |
generally depicted on the map entitled ``Seng Mountain and | |
Raccoon Branch'' and dated April 28, 2008, which shall be known | |
as the ``Seng Mountain National Scenic Area''; and | |
(2) certain National Forest System land in the Jefferson | |
National Forest, comprising approximately 5,128 acres, as | |
generally depicted on the map entitled ``Bear Creek'' and dated | |
April 28, 2008, which shall be known as the ``Bear Creek | |
National Scenic Area''. | |
(b) Purposes.--The purposes of the scenic areas are-- | |
(1) to ensure the protection and preservation of scenic | |
quality, water quality, natural characteristics, and water | |
resources of the scenic areas; | |
(2) consistent with paragraph (1), to protect wildlife and | |
fish habitat in the scenic areas; | |
(3) to protect areas in the scenic areas that may develop | |
characteristics of old-growth forests; and | |
(4) consistent with paragraphs (1), (2), and (3), to | |
provide a variety of recreation opportunities in the scenic | |
areas. | |
(c) Administration.-- | |
(1) In general.--The Secretary shall administer the scenic | |
areas in accordance with-- | |
(A) this subtitle; and | |
(B) the laws (including regulations) generally | |
applicable to the National Forest System. | |
(2) Authorized uses.--The Secretary shall only allow uses | |
of the scenic areas that the Secretary determines will further | |
the purposes of the scenic areas, as described in subsection | |
(b). | |
(d) Management Plan.-- | |
(1) In general.--Not later than 2 years after the date of | |
enactment of this Act, the Secretary shall develop as an | |
amendment to the land and resource management plan for the | |
Jefferson National Forest a management plan for the scenic | |
areas. | |
(2) Effect.--Nothing in this subsection requires the | |
Secretary to revise the land and resource management plan for | |
the Jefferson National Forest under section 6 of the Forest and | |
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. | |
1604). | |
(e) Roads.-- | |
(1) In general.--Except as provided in paragraph (2), after | |
the date of enactment of this Act, no roads shall be | |
established or constructed within the scenic areas. | |
(2) Limitation.--Nothing in this subsection denies any | |
owner of private land (or an interest in private land) that is | |
located in a scenic area the right to access the private land. | |
(f) Timber Harvest.-- | |
(1) In general.--Except as provided in paragraphs (2) and | |
(3), no harvesting of timber shall be allowed within the scenic | |
areas. | |
(2) Exceptions.--The Secretary may authorize harvesting of | |
timber in the scenic areas if the Secretary determines that the | |
harvesting is necessary to-- | |
(A) control fire; | |
(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 Congress a | |
report that describes the implementation of the trail plan, including | |
the identification of priority trails for development. | |
(c) Sustainable Trail Required.--The Secretary shall develop a | |
sustainable trail, using a contour curvilinear alignment, to provide | |
for nonmotorized travel along the southern boundary of the Raccoon | |
Branch Wilderness established by section 1(11) of Public Law 100-326 | |
(16 U.S.C. 1132 note) (as added by section 1102(a)(5)) connecting to | |
Forest Development Road 49352 in Smyth County, Virginia. | |
SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS. | |
(a) In General.--As soon as practicable after the date of enactment | |
of this Act, the Secretary shall file with the Committee on Energy and | |
Natural Resources of the Senate and the Committee on Natural Resources | |
and the Committee on Agriculture of the House of Representatives maps | |
and boundary descriptions of-- | |
(1) the scenic areas; | |
(2) the wilderness areas designated by paragraphs (9) | |
through (20) of section 1 of Public Law 100-326 (16 U.S.C. 1132 | |
note) (as added by section 1102(a)(5)); | |
(3) the wilderness study area designated by section 6(a)(5) | |
of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; | |
Public Law 98-586) (as added by section 1102(b)(2)(D)); and | |
(4) the potential wilderness area designated by section | |
1103(a). | |
(b) Force and Effect.--The maps and boundary descriptions filed | |
under subsection (a) shall have the same force and effect as if | |
included in this subtitle, except that the Secretary may correct any | |
minor errors in the maps and boundary descriptions. | |
(c) Availability of Map and Boundary Description.--The maps and | |
boundary descriptions filed under subsection (a) shall be on file and | |
available for public inspection in the Office of the Chief of the | |
Forest Service. | |
(d) Conflict.--In the case of a conflict between a map filed under | |
subsection (a) and the acreage of the applicable areas specified in | |
this subtitle, the map shall control. | |
SEC. 1107. EFFECTIVE DATE. | |
Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the | |
effective date of that Act shall be considered to be a reference to the | |
date of enactment of this Act for purposes of administering-- | |
(1) the wilderness areas designated by paragraphs (9) | |
through (20) of section 1 of Public Law 100-326 (16 U.S.C. 1132 | |
note) (as added by section 1102(a)(5)); and | |
(2) the potential wilderness area designated by section | |
1103(a). | |
Subtitle C--Mt. Hood Wilderness, Oregon | |
SEC. 1201. DEFINITIONS. | |
In this subtitle: | |
(1) Secretary.--The term ``Secretary'' means the Secretary | |
of Agriculture. | |
(2) State.--The term ``State'' means the State of Oregon. | |
SEC. 1202. DESIGNATION OF WILDERNESS AREAS. | |
(a) Designation of Lewis and Clark Mount Hood Wilderness Areas.--In | |
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the | |
following areas in the State of Oregon are designated as wilderness | |
areas and as components of the National Wilderness Preservation System: | |
(1) Badger creek wilderness additions.--Certain Federal | |
land managed by the Forest Service, comprising approximately | |
4,140 acres, as generally depicted on the maps entitled | |
``Badger Creek Wilderness--Badger Creek Additions'' and | |
``Badger Creek Wilderness--Bonney Butte'', dated July 16, 2007, | |
which is incorporated in, and considered to be a part of, the | |
Badger Creek Wilderness, as designated by section 3(3) of the | |
Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. | |
273). | |
(2) Bull of the woods wilderness addition.--Certain Federal | |
land managed by the Forest Service, comprising approximately | |
10,180 acres, as generally depicted on the map entitled ``Bull | |
of the Woods Wilderness--Bull of the Woods Additions'', dated | |
July 16, 2007, which is incorporated in, and considered to be a | |
part of, the Bull of the Woods Wilderness, as designated by | |
section 3(4) of the Oregon Wilderness Act of 1984 (16 U.S.C. | |
1132 note; 98 Stat. 273). | |
(3) Clackamas wilderness.--Certain Federal land managed by | |
the Forest Service, comprising approximately 9,470 acres, as | |
generally depicted on the maps entitled ``Clackamas | |
Wilderness--Big Bottom'', ``Clackamas Wilderness--Clackamas | |
Canyon'', ``Clackamas Wilderness--Memaloose Lake'', ``Clackamas | |
Wilderness--Sisi Butte'', and ``Clackamas Wilderness--South | |
Fork Clackamas'', dated July 16, 2007, which shall be known as | |
the ``Clackamas Wilderness''. | |
(4) Mark o. hatfield wilderness additions.--Certain Federal | |
land managed by the Forest Service, comprising approximately | |
25,960 acres, as generally depicted on the maps entitled ``Mark | |
O. Hatfield Wilderness--Gorge Face'' and ``Mark O. Hatfield | |
Wilderness--Larch Mountain'', dated July 16, 2007, which is | |
incorporated in, and considered to be a part of, the Mark O. | |
Hatfield Wilderness, as designated by section 3(1) of the | |
Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. | |
273). | |
(5) Mount hood wilderness additions.--Certain Federal land | |
managed by the Forest Service, comprising approximately 18,450 | |
acres, as generally depicted on the maps entitled ``Mount Hood | |
Wilderness--Barlow Butte'', ``Mount Hood Wilderness--Elk Cove/ | |
Mazama'', ``Richard L. Kohnstamm Memorial Area'', ``Mount Hood | |
Wilderness--Sand Canyon'', ``Mount Hood Wilderness--Sandy | |
Additions'', ``Mount Hood Wilderness--Twin Lakes'', and ``Mount | |
Hood Wilderness--White River'', dated July 16, 2007, and the | |
map entitled ``Mount Hood Wilderness--Cloud Cap'', dated July | |
20, 2007, which is incorporated in, and considered to be a part | |
of, the Mount Hood Wilderness, as designated under section 3(a) | |
of the Wilderness Act (16 U.S.C. 1132(a)) and enlarged by | |
section 3(d) of the Endangered American Wilderness Act of 1978 | |
(16 U.S.C. 1132 note; 92 Stat. 43). | |
(6) Roaring river wilderness.--Certain Federal land managed | |
by the Forest Service, comprising approximately 36,550 acres, | |
as generally depicted on the map entitled ``Roaring River | |
Wilderness--Roaring River Wilderness'', dated July 16, 2007, | |
which shall be known as the ``Roaring River Wilderness''. | |
(7) Salmon-huckleberry wilderness additions.--Certain | |
Federal land managed by the Forest Service, comprising | |
approximately 16,620 acres, as generally depicted on the maps | |
entitled ``Salmon-Huckleberry Wilderness--Alder Creek | |
Addition'', ``Salmon-Huckleberry Wilderness--Eagle Creek | |
Addition'', ``Salmon-Huckleberry Wilderness--Hunchback | |
Mountain'', ``Salmon-Huckleberry Wilderness--Inch Creek'', | |
``Salmon-Huckleberry Wilderness--Mirror Lake'', and ``Salmon- | |
Huckleberry Wilderness--Salmon River Meadows'', dated July 16, | |
2007, which is incorporated in, and considered to be a part of, | |
the Salmon-Huckleberry Wilderness, as designated by section | |
3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; | |
98 Stat. 273). | |
(8) Lower white river wilderness.--Certain Federal land | |
managed by the Forest Service and Bureau of Land Management, | |
comprising approximately 2,870 acres, as generally depicted on | |
the map entitled ``Lower White River Wilderness--Lower White | |
River'', dated July 16, 2007, which shall be known as the | |
``Lower White River Wilderness''. | |
(b) Richard L. Kohnstamm Memorial Area.--Certain Federal land | |
managed by the Forest Service, as generally depicted on the map | |
entitled ``Richard L. Kohnstamm Memorial Area'', dated July 16, 2007, | |
is designated as the ``Richard L. Kohnstamm Memorial Area''. | |
(c) Potential Wilderness Area; Additions to Wilderness Areas.-- | |
(1) Roaring river potential wilderness area.-- | |
(A) In general.--In furtherance of the purposes of | |
the Wilderness Act (16 U.S.C. 1131 et seq.), certain | |
Federal land managed by the Forest Service, comprising | |
approximately 900 acres identified as ``Potential | |
Wilderness'' on the map entitled ``Roaring River | |
Wilderness'', dated July 16, 2007, is designated as a | |
potential wilderness area. | |
(B) Management.--The potential wilderness area | |
designated by subparagraph (A) shall be managed in | |
accordance with section 4 of the Wilderness Act (16 | |
U.S.C. 1133). | |
(C) Designation as wilderness.--On the date on | |
which the Secretary publishes in the Federal Register | |
notice that the conditions in the potential wilderness | |
area designated by subparagraph (A) are compatible with | |
the Wilderness Act (16 U.S.C. 1131 et seq.), the | |
potential wilderness shall be-- | |
(i) designated as wilderness and as a | |
component of the National Wilderness | |
Preservation System; and | |
(ii) incorporated into the Roaring River | |
Wilderness designated by subsection (a)(6). | |
(2) Addition to the mount hood wilderness.--On completion | |
of the land exchange under section 1206(a)(2), certain Federal | |
land managed by the Forest Service, comprising approximately | |
1,710 acres, as generally depicted on the map entitled ``Mount | |
Hood Wilderness--Tilly Jane'', dated July 20, 2007, shall be | |
incorporated in, and considered to be a part of, the Mount Hood | |
Wilderness, as designated under section 3(a) of the Wilderness | |
Act (16 U.S.C. 1132(a)) and enlarged 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.-- | |
(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 Wilderness | |
boundary, to be administered by the Secretary of Agriculture as | |
a wild river. | |
``(176) Fifteenmile creek, oregon.-- | |
``(A) In general.--The 11.1-mile segment of | |
Fifteenmile Creek from its source at Senecal Spring to | |
the southern edge of the northwest quarter of the | |
northwest quarter of section 20, township 2 south, | |
range 12 east, to be administered by the Secretary of | |
Agriculture in the following classes: | |
``(i) The 2.6-mile segment from its source | |
at Senecal Spring to the Badger Creek | |
Wilderness boundary, as a wild river. | |
``(ii) The 0.4-mile segment from the Badger | |
Creek Wilderness boundary to the point 0.4 | |
miles downstream, as a scenic river. | |
``(iii) The 7.9-mile segment from the point | |
0.4 miles downstream of the Badger Creek | |
Wilderness boundary to the western edge of | |
section 20, township 2 south, range 12 east as | |
a wild river. | |
``(iv) The 0.2-mile segment from the | |
western edge of section 20, township 2 south, | |
range 12 east, to the southern edge of the | |
northwest quarter of the northwest quarter of | |
section 20, township 2 south, range 12 east as | |
a scenic river. | |
``(B) Inclusions.--Notwithstanding section 3(b), | |
the lateral boundaries of both the wild river area and | |
the scenic river area along Fifteenmile Creek shall | |
include an average of not more than 640 acres per mile | |
measured from the ordinary high water mark on both | |
sides of the river. | |
``(177) East fork hood river, oregon.--The 13.5-mile | |
segment of the East Fork Hood River from Oregon State Highway | |
35 to the Mount Hood National Forest boundary, to be | |
administered by the Secretary of Agriculture as a recreational | |
river. | |
``(178) Collawash river, oregon.--The 17.8-mile segment of | |
the Collawash River from the headwaters of the East Fork | |
Collawash to the confluence of the mainstream of the Collawash | |
River with the Clackamas River, to be administered by the | |
Secretary of Agriculture in the following classes: | |
``(A) The 11.0-mile segment from the headwaters of | |
the East Fork Collawash River to Buckeye Creek, as a | |
scenic river. | |
``(B) The 6.8-mile segment from Buckeye Creek to | |
the Clackamas River, as a recreational river. | |
``(179) Fish creek, oregon.--The 13.5-mile segment of Fish | |
Creek from its headwaters to the confluence with the Clackamas | |
River, to be administered by the Secretary of Agriculture as a | |
recreational river.''. | |
(2) Effect.--The amendments made by paragraph (1) do not | |
affect valid existing water rights. | |
(b) Protection for Hood River, Oregon.--Section 13(a)(4) of the | |
``Columbia River Gorge National Scenic Area Act'' (16 U.S.C. | |
544k(a)(4)) is amended by striking ``for a period not to exceed twenty | |
years from the date of enactment of this Act,''. | |
SEC. 1204. MOUNT HOOD NATIONAL RECREATION AREA. | |
(a) Designation.--To provide for the protection, preservation, and | |
enhancement of recreational, ecological, scenic, cultural, watershed, | |
and fish and wildlife values, there is established the Mount Hood | |
National Recreation Area within the Mount Hood National Forest. | |
(b) Boundary.--The Mount Hood National Recreation Area shall | |
consist of certain Federal land managed by the Forest Service and | |
Bureau of Land Management, comprising approximately 34,550 acres, as | |
generally depicted on the maps entitled ``National Recreation Areas-- | |
Mount Hood NRA'', ``National Recreation Areas--Fifteenmile Creek NRA'', | |
and ``National Recreation Areas--Shellrock Mountain'', dated February | |
2007. | |
(c) Map and Legal Description.-- | |
(1) Submission of legal description.--As soon as | |
practicable after the date of enactment of this Act, the | |
Secretary shall file a map and a legal description of the Mount | |
Hood National Recreation Area with-- | |
(A) the Committee on Energy and Natural Resources | |
of the Senate; and | |
(B) the Committee on Natural Resources of the House | |
of Representatives. | |
(2) Force of law.--The map and legal description filed | |
under paragraph (1) shall have the same force and effect as if | |
included in this subtitle, except that the Secretary may | |
correct typographical errors in the map and the legal | |
description. | |
(3) Public availability.--The map and legal description | |
filed under paragraph (1) shall be on file and available for | |
public inspection in the appropriate offices of the Forest | |
Service. | |
(d) Administration.-- | |
(1) In general.--The Secretary shall-- | |
(A) administer the Mount Hood National Recreation | |
Area-- | |
(i) in accordance with the laws (including | |
regulations) and rules applicable to the | |
National Forest System; and | |
(ii) consistent with the purposes described | |
in subsection (a); and | |
(B) only allow uses of the Mount Hood National | |
Recreation Area that are consistent with the purposes | |
described in subsection (a). | |
(2) Applicable law.--Any portion of a wilderness area | |
designated by section 1202 that is located within the Mount | |
Hood National Recreation Area shall be administered in | |
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). | |
(e) Timber.--The cutting, sale, or removal of timber within the | |
Mount Hood National Recreation Area may be permitted-- | |
(1) to the extent necessary to improve the health of the | |
forest in a manner that-- | |
(A) maximizes the retention of large trees-- | |
(i) as appropriate to the forest type; and | |
(ii) to the extent that the trees promote | |
stands that are fire-resilient and healthy; | |
(B) improves the habitats of threatened, | |
endangered, or sensitive species; or | |
(C) maintains or restores the composition and | |
structure of the ecosystem by reducing the risk of | |
uncharacteristic wildfire; | |
(2) to accomplish an approved management activity in | |
furtherance of the purposes established by this section, if the | |
cutting, sale, or removal of timber is incidental to the | |
management activity; or | |
(3) for de minimus personal or administrative use within | |
the Mount Hood National Recreation Area, where such use will | |
not impair the purposes established by this section. | |
(f) Road Construction.--No new or temporary roads shall be | |
constructed or reconstructed within the Mount Hood National Recreation | |
Area except as necessary-- | |
(1) to protect the health and safety of individuals in | |
cases of an imminent threat of flood, fire, or any other | |
catastrophic event that, without intervention, would cause the | |
loss of life or property; | |
(2) to conduct environmental cleanup required by the United | |
States; | |
(3) to allow for the exercise of reserved or outstanding | |
rights provided for by a statute or treaty; | |
(4) to prevent irreparable resource damage by an existing | |
road; or | |
(5) to rectify a hazardous road condition. | |
(g) Withdrawal.--Subject to valid existing rights, all Federal land | |
within the Mount Hood National Recreation Area is withdrawn from-- | |
(1) all forms of entry, appropriation, or disposal under | |
the public land laws; | |
(2) location, entry, and patent under the mining laws; and | |
(3) disposition under all laws relating to mineral and | |
geothermal leasing. | |
(h) Transfer of Administrative Jurisdiction.-- | |
(1) In general.--Administrative jurisdiction over the | |
Federal land described in paragraph (2) is transferred from the | |
Bureau of Land Management to the Forest Service. | |
(2) Description of land.--The land referred to in paragraph | |
(1) is the approximately 130 acres of land administered by the | |
Bureau of Land Management that is within or adjacent to the | |
Mount Hood National Recreation Area and that is identified as | |
``BLM Lands'' on the map entitled ``National Recreation Areas-- | |
Shellrock Mountain'', dated February 2007. | |
SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM, AND | |
CULTUS CREEK. | |
(a) Crystal Springs Watershed Special Resources Management Unit.-- | |
(1) Establishment.-- | |
(A) In general.--On completion of the land exchange | |
under section 1206(a)(2), there shall be established a | |
special resources management unit in the State | |
consisting of certain Federal land managed by the | |
Forest Service, as generally depicted on the map | |
entitled ``Crystal Springs Watershed Special Resources | |
Management Unit'', dated June 2006 (referred to in this | |
subsection as the ``map''), to be known as the | |
``Crystal Springs Watershed Special 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 | |
(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-- | |
(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. | |
(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 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 | |
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: | |
(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. | |
(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 | |
(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 | |
(iv) other financing tools that link | |
transportation infrastructure improvements with | |
development. | |
(b) Mount Hood National Forest Stewardship Strategy.-- | |
(1) In general.--The Secretary shall prepare a report on, | |
and implementation schedule for, the vegetation management | |
strategy (including recommendations for biomass utilization) | |
for the Mount Hood National Forest being developed by the | |
Forest Service. | |
(2) Submission to congress.-- | |
(A) Report.--Not later than 1 year after the date | |
of enactment of this Act, the Secretary shall submit | |
the report to-- | |
(i) the Committee on Energy and Natural | |
Resources of the Senate; and | |
(ii) the Committee on Natural Resources of | |
the House of Representatives. | |
(B) Implementation schedule.--Not later than 1 year | |
after the date on which the vegetation management | |
strategy referred to in paragraph (1) is completed, the | |
Secretary shall submit the implementation schedule to-- | |
(i) the Committee on Energy and Natural | |
Resources of the Senate; and | |
(ii) the Committee on Natural Resources of | |
the House of Representatives. | |
(c) Local and Tribal Relationships.-- | |
(1) Management plan.-- | |
(A) In general.--The Secretary, in consultation | |
with Indian tribes with treaty-reserved gathering | |
rights on land encompassed by the Mount Hood National | |
Forest and in a manner consistent with the memorandum | |
of understanding entered into between the Department of | |
Agriculture, the Bureau of Land Management, the Bureau | |
of Indian Affairs, and the Confederated Tribes and | |
Bands of the Warm Springs Reservation of Oregon, dated | |
April 25, 2003, as modified, shall develop and | |
implement a management plan that meets the cultural | |
foods obligations of the United States under applicable | |
treaties, including the Treaty with the Tribes and | |
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). | |
(B) Effect.--This paragraph shall be considered to | |
be consistent with, and is intended to help implement, | |
the gathering rights reserved by the treaty described | |
in subparagraph (A). | |
(2) Savings provisions regarding relations with indian | |
tribes.-- | |
(A) Treaty rights.--Nothing in this subtitle | |
alters, modifies, enlarges, diminishes, or abrogates | |
the treaty rights of any Indian tribe, including the | |
off-reservation reserved rights secured by the Treaty | |
with the Tribes and Bands of Middle Oregon of June 25, | |
1855 (12 Stat. 963). | |
(B) Tribal land.--Nothing in this subtitle affects | |
land held in trust by the Secretary of the Interior for | |
Indian tribes or individual members of Indian tribes or | |
other land acquired by the Army Corps of Engineers and | |
administered by the Secretary of the Interior for the | |
benefit of Indian tribes and individual members of | |
Indian tribes. | |
(d) Recreational Uses.-- | |
(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. | |
SEC. 1302. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, OREGON. | |
Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C. | |
1274(a)(76)) is amended-- | |
(1) in the matter preceding subparagraph (A), by striking | |
``19-mile segment'' and inserting ``29-mile segment''; | |
(2) in subparagraph (A), by striking ``; and'' and | |
inserting a period; and | |
(3) by striking subparagraph (B) and inserting the | |
following: | |
``(B)(i) The approximately 0.6-mile segment of the | |
North Fork Elk from its source in sec. 21, T. 33 S., R. | |
12 W., Willamette Meridian, downstream to 0.01 miles | |
below Forest Service Road 3353, as a scenic river. | |
``(ii) The approximately 5.5-mile segment of the | |
North Fork Elk from 0.01 miles below Forest Service | |
Road 3353 to its confluence with the South Fork Elk, as | |
a wild river. | |
``(C)(i) The approximately 0.9-mile segment of the | |
South Fork Elk from its source in the southeast quarter | |
of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, | |
downstream to 0.01 miles below Forest Service Road | |
3353, as a scenic river. | |
``(ii) The approximately 4.2-mile segment of the | |
South Fork Elk from 0.01 miles below Forest Service | |
Road 3353 to its confluence with the North Fork Elk, as | |
a wild river.''. | |
SEC. 1303. PROTECTION OF TRIBAL RIGHTS. | |
(a) In General.--Nothing in this subtitle shall be construed as | |
diminishing any right of any Indian tribe. | |
(b) Memorandum of Understanding.--The Secretary shall seek to enter | |
into a memorandum of understanding with the Coquille Indian Tribe | |
regarding access to the Copper Salmon Wilderness to conduct historical | |
and cultural activities. | |
Subtitle E--Cascade-Siskiyou National Monument, Oregon | |
SEC. 1401. DEFINITIONS. | |
In this subtitle: | |
(1) Box r ranch land exchange map.--The term ``Box R Ranch | |
land exchange map'' means the map entitled ``Proposed Rowlett | |
Land Exchange'' and dated June 13, 2006. | |
(2) Bureau of land management land.--The term ``Bureau of | |
Land Management land'' means the approximately 40 acres of land | |
administered by the Bureau of Land Management identified as | |
``Rowlett Selected'', as generally depicted on the Box R Ranch | |
land exchange map. | |
(3) Deerfield land exchange map.--The term ``Deerfield land | |
exchange map'' means the map entitled ``Proposed Deerfield-BLM | |
Property Line Adjustment'' and dated May 1, 2008. | |
(4) Deerfield parcel.--The term ``Deerfield parcel'' means | |
the approximately 1.5 acres of land identified as ``From | |
Deerfield to BLM'', as generally depicted on the Deerfield land | |
exchange map. | |
(5) Federal parcel.--The term ``Federal parcel'' means the | |
approximately 1.3 acres of land administered by the Bureau 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-- | |
(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. | |
(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-- | |
(A) valid existing rights; | |
(B) title to the Deerfield parcel being acceptable | |
to the Secretary and in conformance with the title | |
approval standards applicable to Federal land | |
acquisitions; | |
(C) such terms and conditions as the Secretary may | |
require; and | |
(D) except as otherwise provided in this section, | |
any laws (including regulations) applicable to the | |
conveyance and acquisition of land by the Bureau of | |
Land Management. | |
(d) Appraisals.-- | |
(1) In general.--The Federal parcel and the Deerfield | |
parcel shall be appraised by an independent appraiser selected | |
by the Secretary. | |
(2) Requirements.--An appraisal conducted under paragraph | |
(1) shall be conducted in accordance with-- | |
(A) the Uniform Appraisal Standards for Federal | |
Land Acquisitions; and | |
(B) the Uniform Standards of Professional Appraisal | |
Practice. | |
(3) Approval.--The appraisals conducted under this | |
subsection shall be submitted to the Secretary for approval. | |
SEC. 1405. SODA MOUNTAIN WILDERNESS. | |
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C. | |
1131 et seq.), approximately 24,100 acres of Monument land, as | |
generally depicted on the wilderness map, is designated as wilderness | |
and as a component of the National Wilderness Preservation System, to | |
be known as the ``Soda Mountain Wilderness''. | |
(b) Map and Legal Description.-- | |
(1) Submission of map and legal description.--As soon as | |
practicable after the date of enactment of this Act, the | |
Secretary shall file a map and legal description of the | |
Wilderness with-- | |
(A) the Committee on Energy and Natural Resources | |
of the Senate; and | |
(B) the Committee on Natural Resources of the House | |
of Representatives. | |
(2) Force and effect.-- | |
(A) In general.--The map and legal description | |
filed under paragraph (1) shall have the same force and | |
effect as if included in this subtitle, except that the | |
Secretary may correct any clerical or typographical | |
error in the map or legal description. | |
(B) Notification.--The Secretary shall submit to | |
Congress notice of any changes made in the map or legal | |
description under subparagraph (A), including notice of | |
the reason for the change. | |
(3) Public availability.--The map and legal description | |
filed under paragraph (1) shall be on file and available for | |
public inspection in the appropriate offices of the Bureau of | |
Land Management. | |
(c) Administration of Wilderness.-- | |
(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 States, an Indian tribe, a State, or a private | |
individual, partnership, or corporation. | |
Subtitle F--Owyhee Public Land Management | |
SEC. 1501. DEFINITIONS. | |
In this subtitle: | |
(1) Account.--The term ``account'' means the Owyhee Land | |
Acquisition Account established by section 1505(b)(1). | |
(2) County.--The term ``County'' means Owyhee County, | |
Idaho. | |
(3) Owyhee front.--The term ``Owyhee Front'' means the area | |
of the County from Jump Creek on the west to Mud Flat Road on | |
the east and draining north from the crest of the Silver City | |
Range to the Snake River. | |
(4) Plan.--The term ``plan'' means a travel management plan | |
for motorized and mechanized off-highway vehicle recreation | |
prepared under section 1507. | |
(5) Public land.--The term ``public land'' has the meaning | |
given the term in section 103(e) of the Federal Land Policy and | |
Management Act of 1976 (43 U.S.C. 1702(e)). | |
(6) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(7) State.--The term ``State'' means the State of Idaho. | |
(8) Tribes.--The term ``Tribes'' means the Shoshone Paiute | |
Tribes of the Duck Valley Reservation. | |
SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER. | |
(a) Establishment.--The Secretary, in coordination with the Tribes, | |
State, and County, and in consultation with the University of Idaho, | |
Federal grazing permittees, and public, shall establish the Owyhee | |
Science Review and Conservation Center in the County to conduct | |
research projects to address natural resources management issues | |
affecting public and private rangeland in the County. | |
(b) Purpose.--The purpose of the center established under | |
subsection (a) shall be to facilitate the collection and analysis of | |
information to provide Federal and State agencies, the Tribes, the | |
County, private landowners, and the public with information on improved | |
rangeland management. | |
SEC. 1503. WILDERNESS AREAS. | |
(a) Wilderness Areas Designation.-- | |
(1) In general.--In accordance with the Wilderness Act (16 | |
U.S.C. 1131 et seq.), the following areas in the State are | |
designated as wilderness areas and as components of the | |
National Wilderness Preservation System: | |
(A) Big jacks creek wilderness.--Certain land | |
comprising approximately 52,826 acres, as generally | |
depicted on the map entitled ``Little Jacks Creek and | |
Big Jacks Creek Wilderness'' and dated May 5, 2008, | |
which shall be known as the ``Big Jacks Creek | |
Wilderness''. | |
(B) Bruneau-jarbidge rivers wilderness.--Certain | |
land comprising approximately 89,996 acres, as | |
generally depicted on the map entitled ``Bruneau- | |
Jarbidge Rivers 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 by the Secretary in accordance with the Wilderness | |
Act (16 U.S.C. 1131 et seq.), except that-- | |
(A) any reference in that Act to the effective date | |
shall be considered to be a reference to the date of | |
enactment of this Act; and | |
(B) any reference in that Act to the Secretary of | |
Agriculture shall be considered to be a reference to | |
the Secretary of the Interior. | |
(2) Withdrawal.--Subject to valid existing rights, the | |
Federal land designated as wilderness by this subtitle is | |
withdrawn from all forms of-- | |
(A) entry, appropriation, or disposal under the | |
public land laws; | |
(B) location, entry, and patent under the mining | |
laws; and | |
(C) disposition under the mineral leasing, mineral | |
materials, and geothermal leasing laws. | |
(3) Livestock.-- | |
(A) In general.--In the wilderness areas designated | |
by this subtitle, the grazing of livestock in areas in | |
which grazing is established as of the date of | |
enactment of this Act shall be allowed to continue, | |
subject to such reasonable regulations, policies, and | |
practices as the Secretary considers necessary, | |
consistent with section 4(d)(4) of the Wilderness Act | |
(16 U.S.C. 1133(d)(4)) and the guidelines described in | |
Appendix A of House Report 101-405. | |
(B) Inventory.--Not later than 1 year after the | |
date of enactment of this Act, the Secretary shall | |
conduct an inventory of existing facilities and | |
improvements associated with grazing activities in the | |
wilderness areas and wild and scenic rivers designated | |
by this subtitle. | |
(C) Fencing.--The Secretary may construct and | |
maintain fencing around wilderness areas designated by | |
this subtitle as the Secretary determines to be | |
appropriate to enhance wilderness values. | |
(D) Donation of grazing permits or leases.-- | |
(i) Acceptance by secretary.--The Secretary | |
shall accept the donation of any valid existing | |
permits or leases authorizing grazing on public | |
land, all or a portion of which is within the | |
wilderness areas designated by this subtitle. | |
(ii) Termination.--With respect to each | |
permit or lease donated under clause (i), the | |
Secretary shall-- | |
(I) terminate the grazing permit or | |
lease; and | |
(II) except as provided in clause | |
(iii), ensure a permanent end to | |
grazing on the land covered by the | |
permit or lease. | |
(iii) Common allotments.-- | |
(I) In general.--If the land | |
covered by a permit or lease donated | |
under clause (i) is also covered by | |
another valid existing permit or lease | |
that is not donated under clause (i), | |
the Secretary shall reduce the | |
authorized grazing level on the land | |
covered by the permit or lease to | |
reflect the donation of the permit or | |
lease under clause (i). | |
(II) Authorized level.--To ensure | |
that there is a permanent reduction in | |
the level of grazing 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.-- | |
(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 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. | |
``(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, to be | |
administered by the Secretary of the Interior as a wild | |
river.''. | |
(b) Boundaries.--Notwithstanding section 3(b) of the Wild and | |
Scenic Rivers Act (16 U.S.C. 1274(b)), the boundary of a river segment | |
designated as a component of the National Wild and Scenic Rivers System | |
under this subtitle shall extend not more than the shorter of-- | |
(1) an average distance of \1/4\ mile from the high water | |
mark on both sides of the river segment; or | |
(2) the distance to the nearest confined canyon rim. | |
(c) Land Acquisition.--The Secretary shall not acquire any private | |
land within the exterior boundary of a wild and scenic river corridor | |
without the consent of the owner. | |
SEC. 1505. LAND IDENTIFIED FOR DISPOSAL. | |
(a) In General.--Consistent with applicable law, the Secretary may | |
sell public land located within the Boise District of the Bureau of | |
Land Management that, as of July 25, 2000, has been identified for | |
disposal in appropriate resource management plans. | |
(b) Use of Proceeds.-- | |
(1) In general.--Notwithstanding any other provision of law | |
(other than a law that specifically provides for a proportion | |
of the proceeds of a land sale to be distributed to any trust | |
fund of the State), proceeds from the sale of public land under | |
subsection (a) shall be deposited in a separate account in the | |
Treasury of the United States to be known as the ``Owyhee Land | |
Acquisition Account''. | |
(2) Availability.-- | |
(A) In general.--Amounts in the account shall be | |
available to the Secretary, without further | |
appropriation, to purchase land or interests in land | |
in, or adjacent to, the wilderness areas designated by | |
this subtitle, including land identified as ``Proposed | |
for Acquisition'' on the maps described in section | |
1503(a)(1). | |
(B) Applicable law.--Any purchase of land or | |
interest in land under subparagraph (A) shall be in | |
accordance with applicable law. | |
(3) Applicability.--This subsection applies to public land | |
within the Boise District of the Bureau of Land Management sold | |
on or after January 1, 2008. | |
(4) Additional amounts.--If necessary, the Secretary may | |
use additional amounts appropriated to the Department of the | |
Interior, subject to applicable reprogramming guidelines. | |
(c) Termination of Authority.-- | |
(1) In general.--The authority provided under this section | |
terminates on the earlier of-- | |
(A) the date that is 10 years after the date of | |
enactment of this Act; or | |
(B) the date on which a total of $8,000,000 from | |
the account is expended. | |
(2) Availability of amounts.--Any amounts remaining in the | |
account on the termination of authority under this section | |
shall be-- | |
(A) credited as sales of public land in the State; | |
(B) transferred to the Federal Land Disposal | |
Account established under section 206(a) of the Federal | |
Land Transaction Facilitation Act (43 U.S.C. 2305(a)); | |
and | |
(C) used in accordance with that subtitle. | |
SEC. 1506. TRIBAL CULTURAL RESOURCES. | |
(a) Coordination.--The Secretary shall coordinate with the Tribes | |
in the implementation of the Shoshone Paiute Cultural Resource | |
Protection Plan. | |
(b) Agreements.--The Secretary shall seek to enter into agreements | |
with the Tribes to implement the Shoshone Paiute Cultural Resource | |
Protection Plan to protect cultural sites and resources important to | |
the continuation of the traditions and beliefs of the Tribes. | |
SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS. | |
(a) In General.--In accordance with the Federal Land Policy and | |
Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary shall, | |
in coordination with the Tribes, State, and County, prepare 1 or more | |
travel management plans for motorized and mechanized off-highway | |
vehicle recreation for the land managed by the Bureau of Land | |
Management in the County. | |
(b) Inventory.--Before preparing the plan under subsection (a), the | |
Secretary shall conduct resource and route inventories of the area | |
covered by the plan. | |
(c) Limitation to Designated Routes.-- | |
(1) In general.--Except as provided in paragraph (2), the | |
plan shall limit recreational motorized and mechanized off- | |
highway vehicle use to a system of designated roads and trails | |
established by the plan. | |
(2) Exception.--Paragraph (1) shall not apply to | |
snowmobiles. | |
(d) Temporary Limitation.-- | |
(1) In general.--Except as provided in paragraph (2), until | |
the date on which the Secretary completes the plan, all | |
recreational motorized and mechanized off-highway vehicle use | |
shall be limited to roads and trails lawfully in existence on | |
the day before the date of enactment of this Act. | |
(2) Exception.--Paragraph (1) shall not apply to-- | |
(A) snowmobiles; or | |
(B) areas specifically identified as open, closed, | |
or limited in the Owyhee Resource Management Plan. | |
(e) Schedule.-- | |
(1) Owyhee front.--It is the intent of Congress that, not | |
later than 1 year after the date of enactment of this Act, the | |
Secretary shall complete a transportation plan for the Owyhee | |
Front. | |
(2) Other bureau of land management land in the county.--It | |
is the intent of Congress that, not later than 3 years after | |
the date of enactment of this Act, the Secretary shall complete | |
a transportation plan for Bureau of Land Management land in the | |
County outside the Owyhee Front. | |
SEC. 1508. AUTHORIZATION OF APPROPRIATIONS. | |
There are authorized to be appropriated such sums as are necessary | |
to carry out this subtitle. | |
Subtitle G--Sabinoso Wilderness, New Mexico | |
SEC. 1601. DEFINITIONS. | |
In this subtitle: | |
(1) Map.--The term ``map'' means the map entitled | |
``Sabinoso Wilderness'' and dated September 8, 2008. | |
(2) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(3) State.--The term ``State'' means the State of New | |
Mexico. | |
SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS. | |
(a) In General.--In furtherance of the purposes of the Wilderness | |
Act (16 U.S.C. 1131 et seq.), the approximately 16,030 acres of land | |
under the jurisdiction of the Taos Field Office Bureau of Land | |
Management, New Mexico, as generally depicted on the map, is designated | |
as wilderness and as a component of the National Wilderness | |
Preservation System, to be known as the ``Sabinoso Wilderness''. | |
(b) Map and Legal Description.-- | |
(1) In general.--As soon as practicable after the date of | |
enactment of this Act, the Secretary shall file a map and a | |
legal description of the Sabinoso Wilderness with-- | |
(A) the Committee on Energy and Natural Resources | |
of the Senate; and | |
(B) the Committee on Natural Resources of the House | |
of Representatives. | |
(2) Force of law.--The map and legal description filed | |
under paragraph (1) shall have the same force and effect as if | |
included in this subtitle, except that the Secretary may | |
correct any clerical and typographical errors in the map and | |
legal description. | |
(3) Public availability.--The map and legal description | |
filed under paragraph (1) shall be on file and available for | |
public inspection in the appropriate offices of the Bureau of | |
Land Management. | |
(c) Administration of Wilderness.-- | |
(1) In general.--Subject to valid existing rights, the | |
Sabinoso Wilderness shall be administered by the Secretary in | |
accordance with this subtitle and the Wilderness Act (16 U.S.C. | |
1131 et seq.), except that-- | |
(A) any reference in the Wilderness Act to the | |
effective date of that Act shall be considered to be a | |
reference to the date of enactment of this Act; and | |
(B) any reference in the Wilderness Act to the | |
Secretary of Agriculture shall be considered to be a | |
reference to the Secretary of the Interior. | |
(2) Incorporation of acquired land and interests.--Any land | |
or interest in land within the boundary of the Sabinoso | |
Wilderness that is acquired by the United States shall-- | |
(A) become part of the Sabinoso Wilderness; and | |
(B) be managed in accordance with this subtitle and | |
any other laws applicable to the Sabinoso Wilderness. | |
(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. | |
(2) Map.--The term ``map'' means the map entitled | |
``Pictured Rocks National Lakeshore Beaver Basin Wilderness | |
Boundary'', numbered 625/80,051, and dated April 16, 2007. | |
(3) National lakeshore.--The term ``National Lakeshore'' | |
means the Pictured Rocks National Lakeshore. | |
(4) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(5) Wilderness.--The term ``Wilderness'' means the Beaver | |
Basin Wilderness designated by section 1652(a). | |
SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS. | |
(a) In General.--In accordance with the Wilderness Act (16 U.S.C. | |
1131 et seq.), the land described in subsection (b) is designated as | |
wilderness and as a component of the National Wilderness Preservation | |
System, to be known as the ``Beaver Basin Wilderness''. | |
(b) Description of Land.--The land referred to in subsection (a) is | |
the land and inland water comprising approximately 11,740 acres within | |
the National Lakeshore, as generally depicted on the map. | |
(c) Boundary.-- | |
(1) Line of demarcation.--The line of demarcation shall be | |
the boundary for any portion of the Wilderness that is bordered | |
by Lake Superior. | |
(2) Surface water.--The surface water of Lake Superior, | |
regardless of the fluctuating lake level, shall be considered | |
to be outside the boundary of the Wilderness. | |
(d) Map and Legal Description.-- | |
(1) Availability of map.--The map shall be on file and | |
available for public inspection in the appropriate offices of | |
the National Park Service. | |
(2) Legal description.--As soon as practicable after the | |
date of enactment of this Act, the Secretary shall submit to | |
the Committee on Energy and Natural Resources of the Senate and | |
the Committee on Natural Resources of the House of | |
Representatives a legal description of the boundary of the | |
Wilderness. | |
(3) Force and effect.--The map and the legal description | |
submitted under paragraph (2) shall have the same force and | |
effect as if included in this subtitle, except that the | |
Secretary may correct any clerical or typographical errors in | |
the map and legal description. | |
SEC. 1653. ADMINISTRATION. | |
(a) Management.--Subject to valid existing rights, the Wilderness | |
shall be administered by the Secretary in accordance with the | |
Wilderness Act (16 U.S.C. 1131 et seq.), except that-- | |
(1) any reference in that Act to the effective date of that | |
Act shall be considered to be a reference to the date of | |
enactment of this Act; and | |
(2) with respect to land administered by the Secretary, any | |
reference in that Act to the Secretary of Agriculture shall be | |
considered to be a reference to the Secretary. | |
(b) Use of Electric Motors.--The use of boats powered by electric | |
motors on Little Beaver and Big Beaver Lakes may continue, subject to | |
any applicable laws (including regulations). | |
SEC. 1654. EFFECT. | |
Nothing in this subtitle-- | |
(1) modifies, alters, or affects any treaty rights; | |
(2) alters the management of the water of Lake Superior | |
within the boundary of the Pictured Rocks National Lakeshore in | |
existence on the date of enactment of this Act; or | |
(3) prohibits-- | |
(A) the use of motors on the surface water of Lake | |
Superior adjacent to the Wilderness; or | |
(B) the beaching of motorboats at the line of | |
demarcation. | |
Subtitle I--Oregon Badlands Wilderness | |
SEC. 1701. DEFINITIONS. | |
In this subtitle: | |
(1) District.--The term ``District'' means the Central | |
Oregon Irrigation District. | |
(2) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(3) State.--The term ``State'' means the State of Oregon. | |
(4) Wilderness map.--The term ``wilderness map'' means the | |
map entitled ``Badlands Wilderness'' and dated September 3, | |
2008. | |
SEC. 1702. OREGON BADLANDS WILDERNESS. | |
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C. | |
1131 et seq.), the approximately 29,301 acres of Bureau of Land | |
Management land in the State, as generally depicted on the wilderness | |
map, is designated as wilderness and as a component of the National | |
Wilderness Preservation System, to be known as the ``Oregon Badlands | |
Wilderness''. | |
(b) Administration of Wilderness.-- | |
(1) In general.--Subject to valid existing rights, the | |
Oregon Badlands Wilderness shall be administered by the | |
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 | |
et seq.), except that-- | |
(A) any reference in the Wilderness Act to the | |
effective date of that Act shall be considered to be a | |
reference to the date of enactment of this Act; and | |
(B) any reference in the Wilderness Act to the | |
Secretary of Agriculture shall be considered to be a | |
reference to the Secretary of the Interior. | |
(2) Incorporation of acquired land and interests.--Any land | |
or interest in land within the boundary of the Oregon Badlands | |
Wilderness that is acquired by the United States shall-- | |
(A) become part of the Oregon Badlands Wilderness; | |
and | |
(B) be managed in accordance with this subtitle, | |
the Wilderness Act (16 U.S.C. 1131 et seq.), and any | |
other applicable law. | |
(3) Grazing.--The grazing of livestock in the Oregon | |
Badlands Wilderness, if established before the date of | |
enactment of this Act, shall be permitted to continue subject | |
to such reasonable regulations as are considered necessary by | |
the Secretary in accordance with-- | |
(A) section 4(d)(4) of the Wilderness Act (16 | |
U.S.C. 1133(d)(4)); and | |
(B) the guidelines set forth in Appendix A of the | |
report of the Committee on Interior and Insular Affairs | |
of the House of Representatives accompanying H.R. 2570 | |
of the 101st Congress (H. Rept. 101-405). | |
(4) Access to private property.--In accordance with section | |
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary | |
shall provide any owner of private property within the boundary | |
of the Oregon Badlands Wilderness adequate access to the | |
property. | |
(c) Potential Wilderness.-- | |
(1) In general.--In furtherance of the purposes of the | |
Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain | |
Federal land managed by the Bureau of Land Management with a | |
width of 25 feet, as generally depicted on the wilderness map | |
as ``Potential Wilderness'', is designated as potential | |
wilderness. | |
(2) Interim management.--The potential wilderness | |
designated by paragraph (1) shall be managed in accordance with | |
the Wilderness Act (16 U.S.C. 1131 et seq.), except that the | |
Secretary may allow nonconforming uses that are authorized and | |
in existence on the date of enactment of this Act to continue | |
in the potential wilderness. | |
(3) Designation as wilderness.--On the date on which the | |
Secretary publishes in the Federal Register notice that any | |
nonconforming uses in the potential wilderness designated by | |
paragraph (1) that are permitted under paragraph (2) have | |
terminated, the potential wilderness shall be-- | |
(A) designated as wilderness and as a component of | |
the National Wilderness Preservation System; and | |
(B) incorporated into the Oregon Badlands | |
Wilderness. | |
(d) Map and Legal Description.-- | |
(1) In general.--As soon as practicable after the date of | |
enactment of this Act, the Secretary shall file a map and legal | |
description of the Oregon Badlands Wilderness with-- | |
(A) the Committee on Energy and Natural Resources | |
of the Senate; and | |
(B) the Committee on Natural Resources of the House | |
of Representatives. | |
(2) Force of law.--The map and legal description filed | |
under paragraph (1) shall have the same force and effect as if | |
included in this subtitle, except that the Secretary may | |
correct typographical errors in the map and legal description. | |
(3) Public availability.--The map and legal description | |
filed under paragraph (1) shall be on file and available for | |
public inspection in the appropriate offices of the Bureau of | |
Land Management. | |
SEC. 1703. RELEASE. | |
(a) Finding.--Congress finds that, for the purposes of section | |
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. | |
1782(c)), the portions of the Badlands wilderness study area that are | |
not designated as the Oregon Badlands Wilderness 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''. | |
(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. | |
(3) Valid existing rights.--The exchange of Federal land | |
and non-Federal land under this section shall be subject to any | |
easements, rights-of-way, and other valid rights in existence | |
on the date of enactment of this Act. | |
(f) Completion of Land Exchange.--It is the intent of Congress that | |
the land exchanges under this section shall be completed not later than | |
2 years after the date of enactment of this Act. | |
SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS. | |
Nothing in this subtitle alters, modifies, enlarges, diminishes, or | |
abrogates the treaty rights of any Indian tribe, including the off- | |
reservation reserved rights secured by the Treaty with the Tribes and | |
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). | |
Subtitle J--Spring Basin Wilderness, Oregon | |
SEC. 1751. DEFINITIONS. | |
In this subtitle: | |
(1) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(2) State.--The term ``State'' means the State of Oregon. | |
(3) Tribes.--The term ``Tribes'' means the Confederated | |
Tribes of the Warm Springs Reservation of Oregon. | |
(4) Wilderness map.--The term ``wilderness map'' means the | |
map entitled ``Spring Basin Wilderness with Land Exchange | |
Proposals'' and dated September 3, 2008. | |
SEC. 1752. SPRING BASIN WILDERNESS. | |
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C. | |
1131 et seq.), the approximately 6,382 acres of Bureau of Land | |
Management land in the State, as generally depicted on the wilderness | |
map, is designated as wilderness and as a component of the National | |
Wilderness Preservation System, to be known as the ``Spring Basin | |
Wilderness''. | |
(b) Administration of Wilderness.-- | |
(1) In general.--Subject to valid existing rights, the | |
Spring Basin Wilderness shall be administered by the Secretary | |
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), | |
except that-- | |
(A) any reference in the Wilderness Act to the | |
effective date of that Act shall be considered to be a | |
reference to the date of enactment of this Act; and | |
(B) any reference in the Wilderness Act to the | |
Secretary of Agriculture shall be considered to be a | |
reference to the Secretary of the Interior. | |
(2) Incorporation of acquired land and interests.--Any land | |
or interest in land within the boundary of the Spring Basin | |
Wilderness that is acquired by the United States shall-- | |
(A) become part of the Spring Basin Wilderness; and | |
(B) be managed in accordance with this Act, the | |
Wilderness Act (16 U.S.C. 1131 et seq.), and any other | |
applicable law. | |
(3) Grazing.--The grazing of livestock in the Spring Basin | |
Wilderness, if established before the date of enactment of this | |
Act, shall be permitted to continue subject to such reasonable | |
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.-- | |
(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). | |
(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-- | |
(i) the Uniform Appraisal Standards for | |
Federal Land Acquisitions; and | |
(ii) the Uniform Standards of Professional | |
Appraisal Practice. | |
(3) Equalization.-- | |
(A) In general.--If the value of the Federal land | |
and the non-Federal land to be conveyed in a land | |
exchange under this section is not equal, the value may | |
be equalized by-- | |
(i) making a cash equalization payment to | |
the Secretary or to the owner of the non- | |
Federal land, as appropriate, in accordance | |
with section 206(b) of the Federal Land Policy | |
and Management Act of 1976 (43 U.S.C. 1716(b)); | |
or | |
(ii) reducing the acreage of the Federal | |
land or the non-Federal land to be exchanged, | |
as appropriate. | |
(B) Cash equalization payments.--Any cash | |
equalization payments received by the Secretary under | |
subparagraph (A)(i) shall be-- | |
(i) deposited in the Federal Land Disposal | |
Account established by section 206(a) of the | |
Federal Land Transaction Facilitation Act (43 | |
U.S.C. 2305(a)); and | |
(ii) used in accordance with that Act. | |
(g) Conditions of Exchange.-- | |
(1) In general.--The land exchanges under this section | |
shall be subject to such terms and conditions as the Secretary | |
may require. | |
(2) Costs.--As a condition of a conveyance of Federal land | |
and non-Federal land under this section, the Federal Government | |
and the owner of the non-Federal land shall equally share all | |
costs relating to the land exchange, including the costs of | |
appraisals, surveys, and any necessary environmental | |
clearances. | |
(3) Valid existing rights.--The exchange of Federal land | |
and non-Federal land under this section shall be subject to any | |
easements, rights-of-way, and other valid rights in existence | |
on the date of enactment of this Act. | |
(h) Completion of Land Exchange.--It is the intent of Congress that | |
the land exchanges under this section shall be completed not later than | |
2 years after the date of enactment of this Act. | |
SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS. | |
Nothing in this subtitle alters, modifies, enlarges, diminishes, or | |
abrogates the treaty rights of any Indian tribe, including the off- | |
reservation reserved rights secured by the Treaty with the Tribes and | |
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). | |
Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness, | |
California | |
SEC. 1801. DEFINITIONS. | |
In this subtitle: | |
(1) Forest.--The term ``Forest'' means the Ancient | |
Bristlecone Pine Forest designated by section 1808(a). | |
(2) Recreation area.--The term ``Recreation Area'' means | |
the Bridgeport Winter Recreation Area designated by section | |
1806(a). | |
(3) Secretary.--The term ``Secretary'' means-- | |
(A) with respect to land under the jurisdiction of | |
the Secretary of Agriculture, the Secretary of | |
Agriculture; and | |
(B) with respect to land under the jurisdiction of | |
the Secretary of the Interior, the Secretary of the | |
Interior. | |
(4) State.--The term ``State'' means the State of | |
California. | |
(5) Trail.--The term ``Trail'' means the Pacific Crest | |
National Scenic Trail. | |
SEC. 1802. DESIGNATION OF WILDERNESS AREAS. | |
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the | |
following areas in the State are designated as wilderness and as | |
components of the National Wilderness Preservation System: | |
(1) Hoover wilderness additions.-- | |
(A) In general.--Certain land in the Humboldt- | |
Toiyabe and Inyo National Forests, comprising | |
approximately 79,820 acres and identified as ``Hoover | |
East Wilderness Addition,'' ``Hoover West Wilderness | |
Addition'', and ``Bighorn Proposed Wilderness | |
Addition'', as generally depicted on the maps described | |
in subparagraph (B), is incorporated in, and shall be | |
considered to be a part of, the Hoover Wilderness. | |
(B) Description of maps.--The maps referred to in | |
subparagraph (A) are-- | |
(i) the map entitled ``Humboldt-Toiyabe | |
National Forest Proposed Management'' and dated | |
September 17, 2008; and | |
(ii) the map entitled ``Bighorn Proposed | |
Wilderness Additions'' and dated September 23, | |
2008. | |
(C) Effect.--The designation of the wilderness | |
under subparagraph (A) shall not affect the ongoing | |
activities of the adjacent United States Marine Corps | |
Mountain Warfare Training Center on land outside the | |
designated wilderness, in accordance with the agreement | |
between the Center and the Humboldt-Toiyabe National | |
Forest. | |
(2) Owens river headwaters wilderness.--Certain land in the | |
Inyo National Forest, comprising approximately 14,721 acres, as | |
generally depicted on the map entitled ``Owens River Headwaters | |
Proposed Wilderness'' and dated September 16, 2008, which shall | |
be known as the ``Owens River Headwaters Wilderness''. | |
(3) John muir wilderness additions.-- | |
(A) In general.--Certain land in the Inyo National | |
Forest and certain land administered by the Bureau of | |
Land Management in Inyo County, California, comprising | |
approximately 70,411 acres, as generally depicted on | |
the maps described in subparagraph (B), is incorporated | |
in, and shall be considered to be a part of, the John | |
Muir Wilderness. | |
(B) Description of maps.--The maps referred to in | |
subparagraph (A) are-- | |
(i) the map entitled ``John Muir Proposed | |
Wilderness Addition (1 of 5)'' and dated | |
September 23, 2008; | |
(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-- | |
(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. | |
(4) Administration.--Consistent with paragraph (1) and | |
other applicable Federal law, to ensure a timely and efficient | |
response to fire emergencies in the wilderness areas and | |
wilderness additions designated by this subtitle, the Secretary | |
shall-- | |
(A) not later than 1 year after the date of | |
enactment of this Act, establish agency approval | |
procedures (including appropriate delegations of | |
authority to the Forest Supervisor, District Manager, | |
or other agency officials) for responding to fire | |
emergencies; and | |
(B) enter into agreements with appropriate State or | |
local firefighting agencies. | |
(f) Access to Private Property.--The Secretary shall provide any | |
owner of private property within the boundary of a wilderness area or | |
wilderness addition designated by this subtitle adequate access to the | |
property to ensure the reasonable use and enjoyment of the property by | |
the owner. | |
(g) Military Activities.--Nothing in this subtitle precludes-- | |
(1) low-level overflights of military aircraft over the | |
wilderness areas or wilderness additions designated by this | |
subtitle; | |
(2) the designation of new units of special airspace over | |
the wilderness areas or wilderness additions designated by this | |
subtitle; or | |
(3) the use or establishment of military flight training | |
routes over wilderness areas or wilderness additions designated | |
by this subtitle. | |
(h) Livestock.--Grazing of livestock and the maintenance of | |
existing facilities relating to grazing in wilderness areas or | |
wilderness additions designated by this subtitle, if established before | |
the date of enactment of this Act, shall be permitted to continue in | |
accordance with-- | |
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. | |
1133(d)(4)); and | |
(2) the guidelines set forth in Appendix A of the report of | |
the Committee on Interior and Insular Affairs of the House of | |
Representatives accompanying H.R. 2570 of the 101st Congress | |
(H. Rept. 101-405). | |
(i) Fish and Wildlife Management.-- | |
(1) In general.--In furtherance of the purposes of the | |
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may | |
carry out management activities to maintain or restore fish and | |
wildlife populations and fish and wildlife habitats in | |
wilderness areas or wilderness additions designated by this | |
subtitle if the activities are-- | |
(A) consistent with applicable wilderness | |
management plans; and | |
(B) carried out in accordance with applicable | |
guidelines and policies. | |
(2) State jurisdiction.--Nothing in this subtitle affects | |
the jurisdiction of the State with respect to fish and wildlife | |
on public land located in the State. | |
(j) Horses.--Nothing in this subtitle precludes horseback riding | |
in, or the entry of recreational or commercial saddle or pack stock | |
into, an area designated as wilderness or as a wilderness addition by | |
this subtitle-- | |
(1) in accordance with section 4(d)(5) of the Wilderness | |
Act (16 U.S.C. 1133(d)(5)); and | |
(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, 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: | |
``(A) The 17.4-mile segment from its headwaters at | |
the spring in sec. 27, T 4 S., R. 34 E., to the Inyo | |
National Forest boundary at the east section line of | |
sec 3, T. 6 S., R. 36 E., as a wild river to be | |
administered by the Secretary of Agriculture. | |
``(B) The 4.1-mile segment from the Inyo National | |
Forest boundary to the northern boundary of sec. 5, T.4 | |
S., R. 34 E., as a recreational river, to be | |
administered by the Secretary of the Interior. | |
``(199) Piru creek, california.--The following segments of | |
Piru Creek in the State of California, to be administered by | |
the Secretary of Agriculture: | |
``(A) The 3-mile segment of Piru Creek from 0.5 | |
miles downstream of Pyramid Dam at the first bridge | |
crossing to the boundary of the Sespe Wilderness, as a | |
recreational river. | |
``(B) The 4.25-mile segment from the boundary of | |
the Sespe Wilderness to the boundary between Los | |
Angeles and Ventura Counties, as a wild river.''. | |
(b) Effect.--The designation of Piru Creek under subsection (a) | |
shall not affect valid rights in existence on the date of enactment of | |
this Act. | |
SEC. 1806. BRIDGEPORT WINTER RECREATION AREA. | |
(a) Designation.--The approximately 7,254 acres of land in the | |
Humboldt-Toiyabe National Forest identified as the ``Bridgeport Winter | |
Recreation Area'', as generally depicted on the map entitled | |
``Humboldt-Toiyabe National Forest Proposed Management'' and dated | |
September 17, 2008, is designated as the Bridgeport Winter Recreation | |
Area. | |
(b) Map and Legal Description.-- | |
(1) In general.--As soon as practicable after the date of | |
enactment of this Act, the Secretary shall file a map and legal | |
description of the Recreation Area with-- | |
(A) the Committee on Natural Resources of the House | |
of Representatives; and | |
(B) the Committee on Energy and Natural Resources | |
of the Senate. | |
(2) Force of law.--The map and legal description filed | |
under paragraph (1) shall have the same force and effect as if | |
included in this subtitle, except that the Secretary may | |
correct any errors in the map and legal description. | |
(3) Public availability.--The map and legal description | |
filed under paragraph (1) shall be on file and available for | |
public inspection in the appropriate offices of the Forest | |
Service. | |
(c) Management.-- | |
(1) Interim management.--Until completion of the management | |
plan required under subsection (d), and except as provided in | |
paragraph (2), the Recreation Area shall be managed in | |
accordance with the Toiyabe National Forest Land and Resource | |
Management Plan of 1986 (as in effect on the day of enactment | |
of this Act). | |
(2) Use of snowmobiles.--The winter use of snowmobiles | |
shall be allowed in the Recreation Area-- | |
(A) during periods of adequate snow coverage during | |
the winter season; and | |
(B) subject to any terms and conditions determined | |
to be necessary by the Secretary. | |
(d) Management Plan.--To ensure the sound management and | |
enforcement of the Recreation Area, the Secretary shall, not later than | |
1 year after the date of enactment of this Act, undergo a public | |
process to develop a winter use management plan that provides for-- | |
(1) adequate signage; | |
(2) a public education program on allowable usage areas; | |
(3) measures to ensure adequate sanitation; | |
(4) a monitoring and enforcement strategy; and | |
(5) measures to ensure the protection of the Trail. | |
(e) Enforcement.--The Secretary shall prioritize enforcement | |
activities in the Recreation Area-- | |
(1) to prohibit degradation of natural resources in the | |
Recreation Area; | |
(2) to prevent interference with nonmotorized recreation on | |
the Trail; and | |
(3) to reduce user conflicts in the Recreation Area. | |
(f) Pacific Crest National Scenic Trail.--The Secretary shall | |
establish an appropriate snowmobile crossing point along the Trail in | |
the area identified as ``Pacific Crest Trail Proposed Crossing Area'' | |
on the map entitled ``Humboldt-Toiyable National Forest Proposed | |
Management'' and dated September 17, 2008-- | |
(1) in accordance with-- | |
(A) the National Trails System Act (16 U.S.C. 1241 | |
et seq.); and | |
(B) any applicable environmental and public safety | |
laws; and | |
(2) subject to the terms and conditions the Secretary | |
determines to be necessary to ensure that the crossing would | |
not-- | |
(A) interfere with the nature and purposes of the | |
Trail; or | |
(B) harm the surrounding landscape. | |
SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE NATIONAL FOREST. | |
Certain land in the Humboldt-Toiyabe National Forest, comprising | |
approximately 3,690 acres identified as ``Pickel Hill Management | |
Area'', as generally depicted on the map entitled ``Humboldt-Toiyabe | |
National Forest Proposed Management'' and dated September 17, 2008, | |
shall be managed in a manner consistent with the non-Wilderness forest | |
areas immediately surrounding the Pickel Hill Management Area, | |
including the allowance of snowmobile use. | |
SEC. 1808. ANCIENT BRISTLECONE PINE FOREST. | |
(a) Designation.--To conserve and protect the Ancient Bristlecone | |
Pines by maintaining near-natural conditions and to ensure the survival | |
of the Pines for the purposes of public enjoyment and scientific study, | |
the approximately 31,700 acres of public land in the State, as | |
generally depicted on the map entitled ``Ancient Bristlecone Pine | |
Forest--Proposed'' and dated July 16, 2008, is designated as the | |
``Ancient Bristlecone Pine Forest''. | |
(b) Map and Legal Description.-- | |
(1) In general.--As soon as practicable, but not later than | |
3 years after the date of enactment of this Act, the Secretary | |
shall file a map and legal description of the Forest with-- | |
(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-- | |
(1) with respect to land under the jurisdiction of the | |
Secretary of Agriculture, the Secretary of Agriculture; and | |
(2) with respect to land under the jurisdiction of the | |
Secretary of the Interior, the Secretary of the Interior. | |
(b) Designation of Wilderness, Cleveland and San Bernardino | |
National Forests, Joshua Tree National Park, and Bureau of Land | |
Management Land in Riverside County, California.-- | |
(1) Designations.-- | |
(A) Agua tibia wilderness additions.--In accordance | |
with the Wilderness Act (16 U.S.C. 1131 et seq.), | |
certain land in the Cleveland National Forest and | |
certain land administered by the Bureau of Land | |
Management in Riverside County, California, together | |
comprising approximately 2,053 acres, as generally | |
depicted on the map titled ``Proposed Addition to Agua | |
Tibia Wilderness'', and dated May 9, 2008, is | |
designated as wilderness and is incorporated in, and | |
shall be deemed to be a part of, the Agua Tibia | |
Wilderness designated by section 2(a) of Public Law 93- | |
632 (88 Stat. 2154; 16 U.S.C. 1132 note). | |
(B) Cahuilla mountain wilderness.--In accordance | |
with the Wilderness Act (16 U.S.C. 1131 et seq.), | |
certain land in the San Bernardino National Forest, | |
California, comprising approximately 5,585 acres, as | |
generally depicted on the map titled ``Cahuilla | |
Mountain Proposed Wilderness'', and dated May 1, 2008, | |
is designated as wilderness and, therefore, as a | |
component of the National Wilderness Preservation | |
System, which shall be known as the ``Cahuilla Mountain | |
Wilderness''. | |
(C) South fork san jacinto wilderness.--In | |
accordance with the Wilderness Act (16 U.S.C. 1131 et | |
seq.), certain land in the San Bernardino National | |
Forest, California, comprising approximately 20,217 | |
acres, as generally depicted on the map titled ``South | |
Fork San Jacinto Proposed Wilderness'', and dated May | |
1, 2008, is designated as wilderness and, therefore, as | |
a component of the National Wilderness Preservation | |
System, which shall be known as the ``South Fork San | |
Jacinto Wilderness''. | |
(D) Santa rosa wilderness additions.--In accordance | |
with the Wilderness Act (16 U.S.C. 1131 et seq.), | |
certain land in the San Bernardino National Forest, | |
California, and certain land administered by the Bureau | |
of Land Management in Riverside County, California, | |
comprising approximately 2,149 acres, as generally | |
depicted on the map titled ``Santa Rosa-San Jacinto | |
National Monument Expansion and Santa Rosa Wilderness | |
Addition'', and dated March 12, 2008, is designated as | |
wilderness and is incorporated in, and shall be deemed | |
to be a part of, the Santa Rosa Wilderness designated | |
by section 101(a)(28) of Public Law 98-425 (98 Stat. | |
1623; 16 U.S.C. 1132 note) and expanded by paragraph | |
(59) of section 102 of Public Law 103-433 (108 Stat. | |
4472; 16 U.S.C. 1132 note). | |
(E) Beauty mountain wilderness.--In accordance with | |
the Wilderness Act (16 U.S.C. 1131 et seq.), certain | |
land administered by the Bureau of Land Management in | |
Riverside County, California, comprising approximately | |
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 acres, as generally depicted on the map titled | |
``Pinto Mountains Proposed Wilderness'', and dated | |
February 21, 2008, is designated as wilderness and, | |
therefore, as a component of the National Wilderness | |
Preservation System, which shall be known as the | |
``Pinto Mountains Wilderness''. | |
(J) Chuckwalla mountains wilderness additions.--In | |
accordance with the Wilderness Act (16 U.S.C. 1131 et | |
seq.), certain land administered by the Bureau of Land | |
Management in Riverside County, California, comprising | |
approximately 12,815 acres, as generally depicted on | |
the map titled ``Chuckwalla Mountains Proposed | |
Wilderness Addition'', and dated May 8, 2008, is | |
designated as wilderness and is incorporated in, and | |
shall be deemed to be a part of the Chuckwalla | |
Mountains Wilderness as designated by paragraph (12) of | |
section 102 of Public Law 103-433 (108 Stat. 4472; 16 | |
U.S.C. 1132 note). | |
(2) Maps and descriptions.-- | |
(A) In general.--As soon as practicable after the | |
date of the enactment of this Act, the Secretary shall | |
file a map and legal description of each wilderness | |
area and wilderness addition designated by this section | |
with the Committee on Natural Resources of the House of | |
Representatives and the Committee on Energy and Natural | |
Resources of the Senate. | |
(B) Force of law.--A map and legal description | |
filed under subparagraph (A) shall have the same force | |
and effect as if included in this section, except that | |
the Secretary may correct errors in the map and legal | |
description. | |
(C) Public availability.--Each map and legal | |
description filed under subparagraph (A) shall be filed | |
and made available for public inspection in the | |
appropriate office of the Secretary. | |
(3) Utility facilities.--Nothing in this section prohibits | |
the construction, operation, or maintenance, using standard | |
industry practices, of existing utility facilities located | |
outside of the wilderness areas and wilderness additions | |
designated by this section. | |
(c) Joshua Tree National Park Potential Wilderness.-- | |
(1) Designation of potential wilderness.--Certain land in | |
the Joshua Tree National Park, comprising approximately 43,300 | |
acres, as generally depicted on the map numbered 156/80,055, | |
and titled ``Joshua Tree National Park Proposed Wilderness | |
Additions'', and dated March 2008, is designated potential | |
wilderness and shall be managed by the Secretary of the | |
Interior insofar as practicable as wilderness until such time | |
as the land is designated as wilderness pursuant to paragraph | |
(2). | |
(2) Designation as wilderness.--The land designated | |
potential wilderness by paragraph (1) shall be designated as | |
wilderness and incorporated in, and be deemed to be a part of, | |
the Joshua Tree Wilderness designated by section 1(g) of Public | |
Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note), effective upon | |
publication by the Secretary of the Interior in the Federal | |
Register of a notice that-- | |
(A) all uses of the land within the potential | |
wilderness prohibited by the Wilderness Act (16 U.S.C. | |
1131 et seq.) have ceased; and | |
(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 by this section as are necessary for the | |
control of fire, insects, and diseases in accordance | |
with section 4(d)(1) of the Wilderness Act (16 U.S.C. | |
1133(d)(1)) and House Report 98-40 of the 98th | |
Congress. | |
(B) Funding priorities.--Nothing in this section | |
limits funding for fire and fuels management in the | |
wilderness areas and wilderness additions designated by | |
this section. | |
(C) Revision and development of local fire | |
management plans.--As soon as practicable after the | |
date of enactment of this Act, the Secretary shall | |
amend the local fire management plans that apply to the | |
land designated as a wilderness area or wilderness | |
addition by this section. | |
(D) Administration.--Consistent with subparagraph | |
(A) and other applicable Federal law, to ensure a | |
timely and efficient response to fire emergencies in | |
the wilderness areas and wilderness additions | |
designated by this section, the Secretary shall-- | |
(i) not later than 1 year after the date of | |
enactment of this Act, establish agency | |
approval procedures (including appropriate | |
delegations of authority to the Forest | |
Supervisor, District Manager, or other agency | |
officials) for responding to fire emergencies; | |
and | |
(ii) enter into agreements with appropriate | |
State or local firefighting agencies. | |
(5) Grazing.--Grazing of livestock in a wilderness area or | |
wilderness addition designated by this section shall be | |
administered in accordance with the provisions of section | |
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the | |
guidelines set forth in House Report 96-617 to accompany H.R. | |
5487 of the 96th Congress. | |
(6) Native american uses and interests.-- | |
(A) Access and use.--To the extent practicable, the | |
Secretary shall ensure access to the Cahuilla Mountain | |
Wilderness by members of an Indian tribe for | |
traditional cultural purposes. In implementing this | |
paragraph, the Secretary, upon the request of an Indian | |
tribe, may temporarily close to the general public use | |
of one or more specific portions of the wilderness area | |
in order to protect the privacy of traditional cultural | |
activities in such areas by members of the Indian | |
tribe. Any such closure shall be made to affect the | |
smallest practicable area for the minimum period | |
necessary for such purposes. Such access shall be | |
consistent with the purpose and intent of Public Law | |
95-341 (42 U.S.C. 1996), commonly referred to as the | |
American Indian Religious Freedom Act, and the | |
Wilderness Act (16 U.S.C. 1131 et seq.). | |
(B) Indian tribe defined.--In this paragraph, the | |
term ``Indian tribe'' means any Indian tribe, band, | |
nation, or other organized group or community of | |
Indians which is recognized as eligible by the | |
Secretary of the Interior for the special programs and | |
services provided by the United States to Indians | |
because of their status as Indians. | |
(7) Military activities.--Nothing in this section | |
precludes-- | |
(A) low-level overflights of military aircraft over | |
the wilderness areas or wilderness additions designated | |
by this section; | |
(B) the designation of new units of special | |
airspace over the wilderness areas or wilderness | |
additions designated by this section; or | |
(C) the use or establishment of military flight | |
training routes over wilderness areas or wilderness | |
additions designated by this section. | |
SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY, | |
CALIFORNIA. | |
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) | |
(as amended by section 1805) is amended by adding at the end the | |
following new paragraphs: | |
``(200) North Fork San Jacinto River, California.--The following | |
segments of the North Fork San Jacinto River in the State of | |
California, to be administered by the Secretary of Agriculture: | |
``(A) The 2.12-mile segment from the source of the North | |
Fork San Jacinto River at Deer Springs in Mt. San Jacinto State | |
Park to the State Park boundary, as a wild river. | |
``(B) The 1.66-mile segment from the Mt. San Jacinto State | |
Park boundary to the Lawler Park boundary in section 26, | |
township 4 south, range 2 east, San Bernardino meridian, as a | |
scenic river. | |
``(C) The 0.68-mile segment from the Lawler Park boundary | |
to its confluence with Fuller Mill Creek, as a recreational | |
river. | |
``(D) The 2.15-mile segment from its confluence with Fuller | |
Mill Creek to .25 miles upstream of the 5S09 road crossing, as | |
a wild river. | |
``(E) The 0.6-mile segment from .25 miles upstream of the | |
5S09 road crossing to its confluence with Stone Creek, as a | |
scenic river. | |
``(F) The 2.91-mile segment from the Stone Creek confluence | |
to the northern boundary of section 17, township 5 south, range | |
2 east, San Bernardino meridian, as a wild river. | |
``(201) Fuller Mill Creek, California.--The following segments of | |
Fuller Mill Creek in the State of California, to be administered by the | |
Secretary of Agriculture: | |
``(A) The 1.2-mile segment from the source of Fuller Mill | |
Creek in the San Jacinto Wilderness to the Pinewood property | |
boundary in section 13, township 4 south, range 2 east, San | |
Bernardino meridian, as a scenic river. | |
``(B) The 0.9-mile segment in the Pine Wood property, as a | |
recreational river. | |
``(C) The 1.4-mile segment from the Pinewood property | |
boundary in section 23, township 4 south, range 2 east, San | |
Bernardino meridian, to its confluence with the North Fork San | |
Jacinto River, as a scenic river. | |
``(202) Palm Canyon Creek, California.--The 8.1-mile segment of | |
Palm Canyon Creek in the State of California from the southern boundary | |
of section 6, township 7 south, range 5 east, San Bernardino meridian, | |
to the San Bernardino National Forest boundary in section 1, township 6 | |
south, range 4 east, San Bernardino meridian, to be administered by the | |
Secretary of Agriculture as a wild river, and the Secretary shall enter | |
into a cooperative management agreement with the Agua Caliente Band of | |
Cahuilla Indians to protect and enhance river values. | |
``(203) Bautista Creek, California.--The 9.8-mile segment of | |
Bautista Creek in the State of California from the San Bernardino | |
National Forest boundary in section 36, township 6 south, range 2 east, | |
San Bernardino meridian, to the San Bernardino National Forest boundary | |
in section 2, township 6 south, range 1 east, San Bernardino meridian, | |
to be administered by the Secretary of Agriculture as a recreational | |
river.''. | |
SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN | |
JACINTO MOUNTAINS NATIONAL MONUMENT. | |
(a) Boundary Adjustment, Santa Rosa and San Jacinto Mountains | |
National Monument.--Section 2 of the Santa Rosa and San Jacinto | |
Mountains National Monument Act of 2000 (Public Law 106-351; 114 U.S.C. | |
1362; 16 U.S.C. 431 note) is amended by adding at the end the following | |
new subsection: | |
``(e) Expansion of Boundaries.--In addition to the land described | |
in subsection (c), the boundaries of the National Monument shall | |
include the following lands identified as additions to the National | |
Monument on the map titled `Santa Rosa-San Jacinto National Monument | |
Expansion and Santa Rosa Wilderness Addition', and dated March 12, | |
2008: | |
``(1) The `Santa Rosa Peak Area Monument Expansion'. | |
``(2) The `Snow Creek Area Monument Expansion'. | |
``(3) The `Tahquitz Peak Area Monument Expansion'. | |
``(4) The `Southeast Area Monument Expansion', which is | |
designated as wilderness in section 512(d), and is thus | |
incorporated into, and shall be deemed part of, the Santa Rosa | |
Wilderness.''. | |
(b) Technical Amendments to the Santa Rosa and San Jacinto | |
Mountains National Monument Act of 2000.--Section 7(d) of the Santa | |
Rosa and San Jacinto Mountains National Monument Act of 2000 (Public | |
Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by | |
striking ``eight'' and inserting ``a majority of the appointed''. | |
Subtitle M--Sequoia and Kings Canyon National Parks Wilderness, | |
California | |
SEC. 1901. DEFINITIONS. | |
In this subtitle: | |
(1) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(2) State.--The term ``State'' means the State of | |
California. | |
SEC. 1902. DESIGNATION OF WILDERNESS AREAS. | |
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the | |
following areas in the State are designated as wilderness areas and as | |
components of the National Wilderness Preservation System: | |
(1) John krebs wilderness.-- | |
(A) Designation.--Certain land in Sequoia and Kings | |
Canyon National Parks, comprising approximately 39,740 | |
acres of land, and 130 acres of potential wilderness | |
additions as generally depicted on the map numbered | |
102/60014b, titled ``John Krebs Wilderness'', and dated | |
September 16, 2008. | |
(B) Effect.--Nothing in this paragraph affects-- | |
(i) the cabins in, and adjacent to, Mineral | |
King Valley; or | |
(ii) the private inholdings known as | |
``Silver City'' and ``Kaweah Han''. | |
(C) Potential wilderness additions.--The | |
designation of the potential wilderness additions under | |
subparagraph (A) shall not prohibit the operation, | |
maintenance, and repair of the small check dams and | |
water impoundments on Lower Franklin Lake, Crystal | |
Lake, Upper Monarch Lake, and Eagle Lake. The Secretary | |
is authorized to allow the use of helicopters for the | |
operation, maintenance, and repair of the small check | |
dams and water impoundments on Lower Franklin Lake, | |
Crystal Lake, Upper Monarch Lake, and Eagle Lake. The | |
potential wilderness additions shall be designated as | |
wilderness and incorporated into the John Krebs | |
Wilderness established by this section upon termination | |
of the non-conforming uses. | |
(2) Sequoia-kings canyon wilderness addition.--Certain land | |
in Sequoia and Kings Canyon National Parks, California, | |
comprising approximately 45,186 acres as generally depicted on | |
the map titled ``Sequoia-Kings Canyon Wilderness Addition'', | |
numbered 102/60015a, and dated March 10, 2008, is incorporated | |
in, and shall be considered to be a part of, the Sequoia-Kings | |
Canyon Wilderness. | |
(3) Recommended wilderness.--Land in Sequoia and Kings | |
Canyon National Parks that was managed as of the date of | |
enactment of this Act as recommended or proposed wilderness but | |
not designated by this section as wilderness shall continue to | |
be managed as recommended or proposed wilderness, as | |
appropriate. | |
SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS. | |
(a) In General.--Subject to valid existing rights, each area | |
designated as wilderness by this subtitle shall be administered by the | |
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et | |
seq.), except that any reference in the Wilderness Act to the effective | |
date of the Wilderness Act shall be considered to be a reference to the | |
date of enactment of this Act. | |
(b) Map and Legal Description.-- | |
(1) Submission of map and legal description.--As soon as | |
practicable, but not later than 3 years, after the date of | |
enactment of this Act, the Secretary shall file a map and legal | |
description of each area designated as wilderness by this | |
subtitle with-- | |
(A) the Committee on Energy and Natural Resources | |
of the Senate; and | |
(B) the Committee on Natural Resources of the House | |
of Representatives. | |
(2) Force and effect.--The map and legal description filed | |
under paragraph (1) shall have the same force and effect as if | |
included in this subtitle, except that the Secretary may | |
correct any clerical or typographical error in the map or legal | |
description. | |
(3) Public availability.--The map and legal description | |
filed under paragraph (1) shall be on file and available for | |
public inspection in the Office of the Secretary. | |
(c) Hydrologic, Meteorologic, and Climatological Devices, | |
Facilities, and Associated Equipment.--The Secretary shall continue to | |
manage maintenance and access to hydrologic, meteorologic, and | |
climatological devices, facilities and associated equipment consistent | |
with House Report 98-40. | |
(d) Authorized Activities Outside Wilderness.--Nothing in this | |
subtitle precludes authorized activities conducted outside of an area | |
designated as wilderness by this subtitle by cabin owners (or | |
designees) in the Mineral King Valley area or property owners or | |
lessees (or designees) in the Silver City inholding, as identified on | |
the map described in section 1902(1)(A). | |
(e) Horseback Riding.--Nothing in this subtitle precludes horseback | |
riding in, or the entry of recreational or commercial saddle or pack | |
stock into, an area designated as wilderness by this subtitle-- | |
(1) in accordance with section 4(d)(5) of the Wilderness | |
Act (16 U.S.C. 1133(d)(5)); and | |
(2) subject to any terms and conditions determined to be | |
necessary by the Secretary. | |
SEC. 1904. AUTHORIZATION OF APPROPRIATIONS. | |
There are authorized to be appropriated such sums as are necessary | |
to carry out this subtitle. | |
Subtitle N--Rocky Mountain National Park Wilderness, Colorado | |
SEC. 1951. DEFINITIONS. | |
In this subtitle: | |
(1) Map.--The term ``map'' means the map entitled ``Rocky | |
Mountain National Park Wilderness Act of 2007'' and dated | |
September 2006. | |
(2) Park.--The term ``Park'' means Rocky Mountain National | |
Park located in the State of Colorado. | |
(3) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(4) Trail.--The term ``Trail'' means the East Shore Trail | |
established under section 1954(a). | |
(5) Wilderness.--The term ``Wilderness'' means the | |
wilderness designated by section 1952(a). | |
SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO. | |
(a) Designation.--In furtherance of the purposes of the Wilderness | |
Act (16 U.S.C. 1131 et seq.), there is designated as wilderness and as | |
a component of the National Wilderness Preservation System | |
approximately 249,339 acres of land in the Park, as generally depicted | |
on the map. | |
(b) Map and Boundary Description.-- | |
(1) In general.--As soon as practicable after the date of | |
enactment of this Act, the Secretary shall-- | |
(A) prepare a map and boundary description of the | |
Wilderness; and | |
(B) submit the map and boundary description | |
prepared under subparagraph (A) to the Committee on | |
Energy and Natural Resources of the Senate and the | |
Committee on Natural Resources of the House of | |
Representatives. | |
(2) Availability; force of law.--The map and boundary | |
description submitted under paragraph (1)(B) shall-- | |
(A) be on file and available for public inspection | |
in appropriate offices of the National Park Service; | |
and | |
(B) have the same force and effect as if included | |
in this subtitle. | |
(c) Inclusion of Potential Wilderness.-- | |
(1) In general.--On publication in the Federal Register of | |
a notice by the Secretary that all uses inconsistent with the | |
Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on the land | |
identified on the map as a ``Potential Wilderness Area'', the | |
land shall be-- | |
(A) included in the Wilderness; and | |
(B) administered in accordance with subsection (e). | |
(2) Boundary description.--On inclusion in the Wilderness | |
of the land referred to in paragraph (1), the Secretary shall | |
modify the map and boundary description submitted under | |
subsection (b) to reflect the inclusion of the land. | |
(d) Exclusion of Certain Land.--The following areas are | |
specifically excluded from the Wilderness: | |
(1) The Grand River Ditch (including the main canal of the | |
Grand River Ditch and a branch of the main canal known as the | |
Specimen Ditch), the right-of-way for the Grand River Ditch, | |
land 200 feet on each side of the center line of the Grand | |
River Ditch, and any associated appurtenances, structures, | |
buildings, camps, and work sites in existence as of June 1, | |
1998. | |
(2) Land owned by the St. Vrain & Left Hand Water | |
Conservancy District, including Copeland Reservoir and the | |
Inlet Ditch to the Reservoir from North St. Vrain Creek, | |
comprising approximately 35.38 acres. | |
(3) Land owned by the Wincenstsen-Harms Trust, comprising | |
approximately 2.75 acres. | |
(4) Land within the area depicted on the map as the ``East | |
Shore Trail Area''. | |
(e) Administration.--Subject to valid existing rights, any land | |
designated as wilderness under this section or added to the Wilderness | |
after the date of enactment of this Act under subsection (c) shall be | |
administered by the Secretary in accordance with this subtitle and the | |
Wilderness Act (16 U.S.C. 1131 et seq.), except that-- | |
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et | |
seq.) to the effective date of that Act shall be considered to | |
be a reference to the date of enactment of this Act, or the | |
date on which the additional land is added to the Wilderness, | |
respectively; and | |
(2) any reference in the Wilderness Act (16 U.S.C. 1131 et | |
seq.) to the Secretary of Agriculture shall be considered to be | |
a reference to the Secretary. | |
(f) Water Rights.-- | |
(1) Findings.--Congress finds that-- | |
(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 | |
(E) the development of plans to address the needs | |
identified under subparagraph (D). | |
(c) Limitation.--Nothing in this section limits or otherwise | |
affects-- | |
(1) the liability of any individual or entity for damages | |
to, loss of, or injury to any resource within the Park | |
resulting from any cause or event that occurred before the date | |
of enactment of this Act; or | |
(2) Public Law 101-337 (16 U.S.C. 19jj et seq.), including | |
the defenses available under that Act for damage caused-- | |
(A) solely by-- | |
(i) an act of God; | |
(ii) an act of war; or | |
(iii) an act or omission of a third party | |
(other than an employee or agent); or | |
(B) by an activity authorized by Federal or State | |
law. | |
(d) Colorado-Big Thompson Project and Windy Gap Project.-- | |
(1) In general.--Nothing in this subtitle, including the | |
designation of the Wilderness, prohibits or affects current and | |
future operation and maintenance activities in, under, or | |
affecting the Wilderness that were allowed as of the date of | |
enactment of this Act under the Act of January 26, 1915 (16 | |
U.S.C. 191), relating to the Alva B. Adams Tunnel or other | |
Colorado-Big Thompson Project facilities located within the | |
Park. | |
(2) Alva b. adams tunnel.--Nothing in this subtitle, | |
including the designation of the Wilderness, prohibits or | |
restricts the conveyance of water through the Alva B. Adams | |
Tunnel for any purpose. | |
(e) Right-of-Way.--Notwithstanding the Act of March 3, 1891 (43 | |
U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951), the right of | |
way for the Grand River Ditch shall not be terminated, forfeited, or | |
otherwise affected as a result of the water transported by the Grand | |
River Ditch being used primarily for domestic purposes or any purpose | |
of a public nature, unless the Secretary determines that the change in | |
the main purpose or use adversely affects the Park. | |
(f) New Reclamation Projects.--Nothing in the first section of the | |
Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow | |
development in the Wilderness of any reclamation project not in | |
existence as of the date of enactment of this Act. | |
(g) Clarification of Management Authority.--Nothing in this section | |
reduces or limits the authority of the Secretary to manage land and | |
resources within the Park under applicable law. | |
SEC. 1954. EAST SHORE TRAIL AREA. | |
(a) In General.--Not later than 1 year after the date of enactment | |
of this Act, the Secretary shall establish within the East Shore Trail | |
Area in the Park an alignment line for a trail, to be known as the | |
``East Shore Trail'', to maximize the opportunity for sustained use of | |
the Trail without causing-- | |
(1) harm to affected resources; or | |
(2) conflicts among users. | |
(b) Boundaries.-- | |
(1) In general.--After establishing the alignment line for | |
the Trail under subsection (a), the Secretary shall-- | |
(A) identify the boundaries of the Trail, which | |
shall not extend more than 25 feet east of the | |
alignment line or be located within the Wilderness; and | |
(B) modify the map of the Wilderness prepared under | |
section 1952(b)(1)(A) so that the western boundary of | |
the Wilderness is 50 feet east of the alignment line. | |
(2) Adjustments.--To the extent necessary to protect Park | |
resources, the Secretary may adjust the boundaries of the | |
Trail, if the adjustment does not place any portion of the | |
Trail within the boundary of the Wilderness. | |
(c) Inclusion in Wilderness.--On completion of the construction of | |
the Trail, as authorized by the Secretary-- | |
(1) any portion of the East Shore Trail Area that is not | |
traversed by the Trail, that is not west of the Trail, and that | |
is not within 50 feet of the centerline of the Trail shall be-- | |
(A) included in the Wilderness; and | |
(B) managed as part of the Wilderness in accordance | |
with section 1952; and | |
(2) the Secretary shall modify the map and boundary | |
description of the Wilderness prepared under section | |
1952(b)(1)(A) to reflect the inclusion of the East Shore Trail | |
Area land in the Wilderness. | |
(d) Effect.--Nothing in this section-- | |
(1) requires the construction of the Trail along the | |
alignment line established under subsection (a); or | |
(2) limits the extent to which any otherwise applicable law | |
or policy applies to any decision with respect to the | |
construction of the Trail. | |
(e) Relation to Land Outside Wilderness.-- | |
(1) In general.--Except as provided in this subsection, | |
nothing in this subtitle affects the management or use of any | |
land not included within the boundaries of the Wilderness or | |
the potential wilderness land. | |
(2) Motorized vehicles and machinery.--No use of motorized | |
vehicles or other motorized machinery that was not permitted on | |
March 1, 2006, shall be allowed in the East Shore Trail Area | |
except as the Secretary determines to be necessary for use in-- | |
(A) constructing the Trail, if the construction is | |
authorized by the Secretary; or | |
(B) maintaining the Trail. | |
(3) Management of land before inclusion.--Until the | |
Secretary authorizes the construction of the Trail and the use | |
of the Trail for non-motorized bicycles, the East Shore Trail | |
Area shall be managed-- | |
(A) to protect any wilderness characteristics of | |
the East Shore Trail Area; and | |
(B) to maintain the suitability of the East Shore | |
Trail Area for inclusion in the Wilderness. | |
SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS. | |
(a) Indian Peaks Wilderness Boundary Adjustment.--Section 3(a) of | |
the Indian Peaks Wilderness Area, the Arapaho National Recreation Area | |
and the Oregon Islands Wilderness Area Act (16 U.S.C. 1132 note; Public | |
Law 95-450) is amended-- | |
(1) by striking ``seventy thousand acres'' and inserting | |
``74,195 acres''; and | |
(2) by striking ``, dated July 1978'' and inserting ``and | |
dated May 2007''. | |
(b) Arapaho National Recreation Area Boundary Adjustment.--Section | |
4(a) of the Indian Peaks Wilderness Area, the Arapaho National | |
Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. | |
460jj(a)) is amended-- | |
(1) by striking ``thirty-six thousand two hundred thirty- | |
five acres'' and inserting ``35,235 acres''; and | |
(2) by striking ``, dated July 1978'' and inserting ``and | |
dated May 2007''. | |
SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT. | |
(a) In General.--Section 3(k) of Public Law 91-383 (16 U.S.C. 1a- | |
2(k)) shall apply to the parcel of land described in subsection (b). | |
(b) Description of the Land.--The parcel of land referred to in | |
subsection (a) is the parcel of land known as the ``Leiffer tract'' | |
that is-- | |
(1) located near the eastern boundary of the Park in | |
Larimer County, Colorado; and | |
(2) administered by the National Park Service. | |
Subtitle O--Washington County, Utah | |
SEC. 1971. DEFINITIONS. | |
In this subtitle: | |
(1) Beaver dam wash national conservation area map.--The | |
term ``Beaver Dam Wash National Conservation Area Map'' means | |
the map entitled ``Beaver Dam Wash National Conservation Area'' | |
and dated December 18, 2008. | |
(2) Canaan mountain wilderness map.--The term ``Canaan | |
Mountain Wilderness Map'' means the map entitled ``Canaan | |
Mountain Wilderness'' and dated June 21, 2008. | |
(3) County.--The term ``County'' means Washington County, | |
Utah. | |
(4) Northeastern washington county wilderness map.--The | |
term ``Northeastern Washington County Wilderness Map'' means | |
the map entitled ``Northeastern Washington County Wilderness'' | |
and dated November 12, 2008. | |
(5) Northwestern washington county wilderness map.--The | |
term ``Northwestern Washington County Wilderness Map'' means | |
the map entitled ``Northwestern Washington County Wilderness'' | |
and dated June 21, 2008. | |
(6) Red cliffs national conservation area map.--The term | |
``Red Cliffs National Conservation Area Map'' means the map | |
entitled ``Red Cliffs National Conservation Area'' and dated | |
November 12, 2008. | |
(7) Secretary.--The term ``Secretary'' means-- | |
(A) with respect to land under the jurisdiction of | |
the Secretary of Agriculture, the Secretary of | |
Agriculture; and | |
(B) with respect to land under the jurisdiction of | |
the Secretary of the Interior, the Secretary of the | |
Interior. | |
(8) State.--The term ``State'' means the State of Utah. | |
(9) Washington county growth and conservation act map.--The | |
term ``Washington County Growth and Conservation Act Map'' | |
means the map entitled ``Washington County Growth and | |
Conservation Act Map'' and dated November 13, 2008. | |
SEC. 1972. WILDERNESS AREAS. | |
(a) Additions to National Wilderness Preservation System.-- | |
(1) Additions.--Subject to valid existing rights, the | |
following land in the State is designated as wilderness and as | |
components of the National Wilderness Preservation System: | |
(A) Beartrap canyon.--Certain Federal land managed | |
by the Bureau of Land Management, comprising | |
approximately 40 acres, as generally depicted on the | |
Northeastern Washington County Wilderness Map, which | |
shall be known as the ``Beartrap Canyon Wilderness''. | |
(B) Blackridge.--Certain Federal land managed by | |
the Bureau of Land Management, comprising approximately | |
13,015 acres, as generally depicted on the Northeastern | |
Washington County Wilderness Map, which shall be known | |
as the ``Blackridge Wilderness''. | |
(C) Canaan mountain.--Certain Federal land in the | |
County managed by the Bureau of Land Management, | |
comprising approximately 44,531 acres, as generally | |
depicted on the Canaan Mountain Wilderness Map, which | |
shall be known as the ``Canaan Mountain Wilderness''. | |
(D) Cottonwood canyon.--Certain Federal land | |
managed by the Bureau of Land Management, comprising | |
approximately 11,712 acres, as generally depicted on | |
the Red Cliffs National Conservation Area Map, which | |
shall be known as the ``Cottonwood Canyon Wilderness''. | |
(E) Cottonwood forest.--Certain Federal land | |
managed by the Forest Service, comprising approximately | |
2,643 acres, as generally depicted on the Red Cliffs | |
National Conservation Area Map, which shall be known as | |
the ``Cottonwood Forest Wilderness''. | |
(F) Cougar canyon.--Certain Federal land managed by | |
the Bureau of Land Management, comprising approximately | |
10,409 acres, as generally depicted on the Northwestern | |
Washington County Wilderness Map, which shall be known | |
as the ``Cougar Canyon Wilderness''. | |
(G) Deep creek.--Certain Federal land managed by | |
the Bureau of Land Management, comprising approximately | |
3,284 acres, as generally depicted on the Northeastern | |
Washington County Wilderness Map, which shall be known | |
as the ``Deep Creek Wilderness''. | |
(H) Deep creek north.--Certain Federal land managed | |
by the Bureau of Land Management, comprising | |
approximately 4,262 acres, as generally depicted on the | |
Northeastern Washington County Wilderness Map, which | |
shall be known as the ``Deep Creek North Wilderness''. | |
(I) Doc's pass.--Certain Federal land managed by | |
the Bureau of Land Management, comprising approximately | |
17,294 acres, as generally depicted on the Northwestern | |
Washington County Wilderness Map, which shall be known | |
as the ``Doc's Pass Wilderness''. | |
(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 | |
(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. | |
(7) Native american cultural and religious uses.--Nothing | |
in this section diminishes-- | |
(A) the rights of any Indian tribe; or | |
(B) any tribal rights regarding access to Federal | |
land for tribal activities, including spiritual, | |
cultural, and traditional food-gathering activities. | |
(8) Climatological data collection.--In accordance with the | |
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such | |
terms and conditions as the Secretary may prescribe, the | |
Secretary may authorize the installation and maintenance of | |
hydrologic, meteorologic, or climatological collection devices | |
in the wilderness areas designated by subsection (a)(1) if the | |
Secretary determines that the facilities and access to the | |
facilities are essential to flood warning, flood control, or | |
water reservoir operation activities. | |
(9) Water rights.-- | |
(A) Statutory construction.--Nothing in this | |
section-- | |
(i) shall constitute or be construed to | |
constitute either an express or implied | |
reservation by the United States of any water | |
or water rights with respect to the land | |
designated as wilderness by subsection (a)(1); | |
(ii) shall affect any water rights in the | |
State existing on the date of enactment of this | |
Act, including any water rights held by the | |
United States; | |
(iii) shall be construed as establishing a | |
precedent with regard to any future wilderness | |
designations; | |
(iv) shall affect the interpretation of, or | |
any designation made pursuant to, any other | |
Act; or | |
(v) shall be construed as limiting, | |
altering, modifying, or amending any of the | |
interstate compacts or equitable apportionment | |
decrees that apportion water among and between | |
the State and other States. | |
(B) State water law.--The Secretary shall follow | |
the procedural and substantive requirements of the law | |
of the State in order to obtain and hold any water | |
rights not in existence on the date of enactment of | |
this Act with respect to the wilderness areas | |
designated by subsection (a)(1). | |
(10) Fish and wildlife.-- | |
(A) Jurisdiction of state.--Nothing in this section | |
affects the jurisdiction of the State with respect to | |
fish and wildlife on public land located in the State. | |
(B) Authority of secretary.--In furtherance of the | |
purposes and principles of the Wilderness Act (16 | |
U.S.C. 1131 et seq.), the Secretary may carry out | |
management activities to maintain or restore fish and | |
wildlife populations (including activities to maintain | |
and restore fish and wildlife habitats to support the | |
populations) in any wilderness area designated by | |
subsection (a)(1) if the activities are-- | |
(i) consistent with applicable wilderness | |
management plans; and | |
(ii) carried out in accordance with-- | |
(I) the Wilderness Act (16 U.S.C. | |
1131 et seq.); and | |
(II) applicable guidelines and | |
policies, including applicable policies | |
described in Appendix B of House Report | |
101-405. | |
(11) Wildlife water development projects.--Subject to | |
paragraph (12), the Secretary may authorize structures and | |
facilities, including existing structures and facilities, for | |
wildlife water development projects, including guzzlers, in the | |
wilderness areas designated by subsection (a)(1) if-- | |
(A) the structures and facilities will, as | |
determined by the Secretary, enhance wilderness values | |
by promoting healthy, viable, and more naturally | |
distributed wildlife populations; and | |
(B) the visual impacts of the structures and | |
facilities on the wilderness areas can reasonably be | |
minimized. | |
(12) Cooperative agreement.--Not later than 1 year after | |
the date of enactment of this Act, the Secretary shall enter | |
into a cooperative agreement with the State that specifies the | |
terms and conditions under which wildlife management activities | |
in the wilderness areas designated by subsection (a)(1) may be | |
carried out. | |
(c) Release of Wilderness Study Areas.-- | |
(1) Finding.--Congress finds that, for the purposes of | |
section 603 of the Federal Land Policy and Management Act of | |
1976 (43 U.S.C. 1782), the public land in the County | |
administered by the Bureau of Land Management has been | |
adequately studied for wilderness designation. | |
(2) Release.--Any public land described in paragraph (1) | |
that is not designated as wilderness by subsection (a)(1)-- | |
(A) is no longer subject to section 603(c) of the | |
Federal Land Policy and Management Act of 1976 (43 | |
U.S.C. 1782(c)); and | |
(B) shall be managed in accordance with applicable | |
law and the land management plans adopted under section | |
202 of that Act (43 U.S.C. 1712). | |
(d) Transfer of Administrative Jurisdiction to National Park | |
Service.--Administrative jurisdiction over the land identified as the | |
Watchman Wilderness on the Northeastern Washington County Wilderness | |
Map is hereby transferred to the National Park Service, to be included | |
in, and administered as part of Zion National Park. | |
SEC. 1973. ZION NATIONAL PARK WILDERNESS. | |
(a) Definitions.--In this section: | |
(1) Federal land.--The term ``Federal land'' means certain | |
Federal land-- | |
(A) that is-- | |
(i) located in the County and Iron County, | |
Utah; and | |
(ii) managed by the National Park Service; | |
(B) consisting of approximately 124,406 acres; and | |
(C) as generally depicted on the Zion National Park | |
Wilderness Map and the area added to the park under | |
section 1972(d). | |
(2) Wilderness area.--The term ``Wilderness Area'' means | |
the Zion Wilderness designated by subsection (b)(1). | |
(3) Zion national park wilderness map.--The term ``Zion | |
National Park Wilderness Map'' means the map entitled ``Zion | |
National Park Wilderness'' and dated April 2008. | |
(b) Zion National Park Wilderness.-- | |
(1) Designation.--Subject to valid existing rights, the | |
Federal land is designated as wilderness and as a component of | |
the National Wilderness Preservation System, to be known as the | |
``Zion Wilderness''. | |
(2) Incorporation of acquired land.--Any land located in | |
the Zion National Park that is acquired by the Secretary | |
through a voluntary sale, exchange, or donation may, on the | |
recommendation of the Secretary, become part of the Wilderness | |
Area, in accordance with the Wilderness Act (16 U.S.C. 1131 et | |
seq.). | |
(3) Map and legal description.-- | |
(A) In general.--As soon as practicable after the | |
date of enactment of this Act, the Secretary shall | |
submit to the Committee on Energy and Natural Resources | |
of the Senate and the Committee on Natural Resources of | |
the House of Representatives a map and legal | |
description of the Wilderness Area. | |
(B) Force and effect.--The map and legal | |
description submitted under subparagraph (A) shall have | |
the same force and effect as if included in this Act, | |
except that the Secretary may correct any clerical or | |
typographical errors in the map or legal description. | |
(C) Availability.--The map and legal description | |
submitted under subparagraph (A) shall be available in | |
the appropriate offices of the National Park Service. | |
SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA. | |
(a) Purposes.--The purposes of this section are-- | |
(1) to conserve, protect, and enhance for the benefit and | |
enjoyment of present and future generations the ecological, | |
scenic, wildlife, recreational, cultural, historical, natural, | |
educational, and scientific resources of the National | |
Conservation Area; and | |
(2) to protect each species that is-- | |
(A) located in the National Conservation Area; and | |
(B) listed as a threatened or endangered species on | |
the list of threatened species or the list of | |
endangered species published under section 4(c)(1) of | |
the Endangered Species Act of 1973 (16 U.S.C. | |
1533(c)(1)). | |
(b) Definitions.--In this section: | |
(1) Habitat conservation plan.--The term ``habitat | |
conservation plan'' means the conservation plan entitled | |
``Washington County Habitat Conservation Plan'' and dated | |
February 23, 1996. | |
(2) Management plan.--The term ``management plan'' means | |
the management plan for the National Conservation Area | |
developed by the Secretary under subsection (d)(1). | |
(3) National conservation area.--The term ``National | |
Conservation Area'' means the Red Cliffs National Conservation | |
Area that-- | |
(A) consists of approximately 44,725 acres of | |
public land in the County, as generally depicted on the | |
Red Cliffs National Conservation Area Map; and | |
(B) is established by subsection (c). | |
(4) Public use plan.--The term ``public use plan'' means | |
the use plan entitled ``Red Cliffs Desert Reserve Public Use | |
Plan'' and dated June 12, 2000, as amended. | |
(5) Resource management plan.--The term ``resource | |
management plan'' means the management plan entitled ``St. | |
George Field Office Resource Management Plan'' and dated March | |
15, 1999, as amended. | |
(c) Establishment.--Subject to valid existing rights, there is | |
established in the State the Red Cliffs National Conservation Area. | |
(d) Management Plan.-- | |
(1) In general.--Not later than 3 years after the date of | |
enactment of this Act and in accordance with paragraph (2), the | |
Secretary shall develop a comprehensive plan for the long-term | |
management of the National Conservation Area. | |
(2) Consultation.--In developing the management plan | |
required under paragraph (1), the Secretary shall consult | |
with-- | |
(A) appropriate State, tribal, and local | |
governmental entities; and | |
(B) members of the public. | |
(3) Incorporation of plans.--In developing the management | |
plan required under paragraph (1), to the extent consistent | |
with this section, the Secretary may incorporate any provision | |
of-- | |
(A) the habitat conservation plan; | |
(B) the resource management plan; and | |
(C) the public use plan. | |
(e) Management.-- | |
(1) In general.--The Secretary shall manage the National | |
Conservation Area-- | |
(A) in a manner that conserves, protects, and | |
enhances the resources of the National Conservation | |
Area; and | |
(B) in accordance with-- | |
(i) the Federal Land Policy and Management | |
Act of 1976 (43 U.S.C. 1701 et seq.); | |
(ii) this section; and | |
(iii) any other applicable law (including | |
regulations). | |
(2) Uses.--The Secretary shall only allow uses of the | |
National Conservation Area that the Secretary determines would | |
further a purpose described in subsection (a). | |
(3) Motorized vehicles.--Except in cases in which motorized | |
vehicles are needed for administrative purposes, or to respond | |
to an emergency, the use of motorized vehicles in the National | |
Conservation Area shall be permitted only on roads designated | |
by the management plan for the use of motorized vehicles. | |
(4) Grazing.--The grazing of livestock in the National | |
Conservation Area, where established before the date of | |
enactment of this Act, shall be permitted to continue-- | |
(A) subject to-- | |
(i) such reasonable regulations, policies, | |
and practices as the Secretary considers | |
necessary; and | |
(ii) applicable law; and | |
(B) in a manner consistent with the purposes | |
described in subsection (a). | |
(5) Wildland fire operations.--Nothing in this section | |
prohibits the Secretary, in cooperation with other Federal, | |
State, and local agencies, as appropriate, from conducting | |
wildland fire operations in the National Conservation Area, | |
consistent with the purposes of this section. | |
(f) Incorporation of Acquired Land and Interests.--Any land or | |
interest in land that is located in the National Conservation Area that | |
is acquired by the United States shall-- | |
(1) become part of the National Conservation Area; and | |
(2) be managed in accordance with-- | |
(A) the Federal Land Policy and Management Act of | |
1976 (43 U.S.C. 1701 et seq.); | |
(B) this section; and | |
(C) any other applicable law (including | |
regulations). | |
(g) Withdrawal.-- | |
(1) In general.--Subject to valid existing rights, all | |
Federal land located in the National Conservation Area are | |
withdrawn from-- | |
(A) all forms of entry, appropriation, and disposal | |
under the public land laws; | |
(B) location, entry, and patenting under the mining | |
laws; and | |
(C) operation of the mineral leasing, mineral | |
materials, and geothermal leasing laws. | |
(2) Additional land.--If the Secretary acquires additional | |
land that is located in the National Conservation Area after | |
the date of enactment of this Act, the land is withdrawn from | |
operation of the laws referred to in paragraph (1) on the date | |
of acquisition of the land. | |
(h) Effect.--Nothing in this section prohibits the authorization of | |
the development of utilities within the National Conservation Area if | |
the development is carried out in accordance with-- | |
(1) each utility development protocol described in the | |
habitat conservation plan; and | |
(2) any other applicable law (including regulations). | |
SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION AREA. | |
(a) Purpose.--The purpose of this section is to conserve, protect, | |
and enhance for the benefit and enjoyment of present and future | |
generations the ecological, scenic, wildlife, recreational, cultural, | |
historical, natural, educational, and scientific resources of the | |
Beaver Dam Wash National Conservation Area. | |
(b) Definitions.--In this section: | |
(1) Management plan.--The term ``management plan'' means | |
the management plan for the National Conservation Area | |
developed by the Secretary under subsection (d)(1). | |
(2) National conservation area.--The term ``National | |
Conservation Area'' means the Beaver Dam Wash National | |
Conservation Area that-- | |
(A) consists of approximately 68,083 acres of | |
public land in the County, as generally depicted on the | |
Beaver Dam Wash National Conservation Area Map; and | |
(B) is established by subsection (c). | |
(c) Establishment.--Subject to valid existing rights, there is | |
established in the State the Beaver Dam Wash National Conservation | |
Area. | |
(d) Management Plan.-- | |
(1) In general.--Not later than 3 years after the date of | |
enactment of this Act and in accordance with paragraph (2), the | |
Secretary shall develop a comprehensive plan for the long-term | |
management of the National Conservation Area. | |
(2) Consultation.--In developing the management plan | |
required under paragraph (1), the Secretary shall consult | |
with-- | |
(A) appropriate State, tribal, and local | |
governmental entities; and | |
(B) members of the public. | |
(3) Motorized vehicles.--In developing the management plan | |
required under paragraph (1), the Secretary shall incorporate | |
the restrictions on motorized vehicles described in subsection | |
(e)(3). | |
(e) Management.-- | |
(1) In general.--The Secretary shall manage the National | |
Conservation Area-- | |
(A) in a manner that conserves, protects, and | |
enhances the resources of the National Conservation | |
Area; and | |
(B) in accordance with-- | |
(i) the Federal Land Policy and Management | |
Act of 1976 (43 U.S.C. 1701 et seq.); | |
(ii) this section; and | |
(iii) any other applicable law (including | |
regulations). | |
(2) Uses.--The Secretary shall only allow uses of the | |
National Conservation Area that the Secretary determines would | |
further the purpose described in subsection (a). | |
(3) Motorized vehicles.-- | |
(A) In general.--Except in cases in which motorized | |
vehicles are needed for administrative purposes, or to | |
respond to an emergency, the use of motorized vehicles | |
in the National Conservation Area shall be permitted | |
only on roads designated by the management plan for the | |
use of motorized vehicles. | |
(B) Additional requirement relating to certain | |
areas located in the national conservation area.--In | |
addition to the requirement described in subparagraph | |
(A), with respect to the areas designated on the Beaver | |
Dam Wash National Conservation Area Map as ``Designated | |
Road Areas'', motorized vehicles shall be permitted | |
only on the roads identified on such map. | |
(4) Grazing.--The grazing of livestock in the National | |
Conservation Area, where established before the date of | |
enactment of this Act, shall be permitted to continue-- | |
(A) subject to-- | |
(i) such reasonable regulations, policies, | |
and practices as the Secretary considers | |
necessary; and | |
(ii) applicable law (including | |
regulations); and | |
(B) in a manner consistent with the purpose | |
described in subsection (a). | |
(5) Wildland fire operations.--Nothing in this section | |
prohibits the Secretary, in cooperation with other Federal, | |
State, and local agencies, as appropriate, from conducting | |
wildland fire operations in the National Conservation Area, | |
consistent with the purposes of this section. | |
(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. | |
``(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 | |
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. | |
``(GG) Oak creek.--The segment of Oak Creek from | |
the head of Oak Creek to where the forks join and | |
adjacent land \1/2\-mile wide, as a wild river. | |
``(HH) Oak creek.--The 1-mile segment of Oak Creek | |
from the point at which the 2 forks of Oak Creek join | |
to the junction with the North Fork of the Virgin River | |
and adjacent land \1/2\-mile wide, as a recreational | |
river. | |
``(II) Clear creek.--The 6.4-mile segment of Clear | |
Creek from the eastern boundary of Zion National Park | |
to the junction with Pine Creek and adjacent land rim- | |
to-rim, as a recreational river. | |
``(JJ) Pine creek .--The 2-mile segment of Pine | |
Creek from the head of Pine Creek to the junction with | |
Clear Creek and adjacent land rim-to-rim, as a wild | |
river. | |
``(KK) Pine creek.--The 3-mile segment of Pine | |
Creek from the junction with Clear Creek to the | |
junction with the North Fork of the Virgin River and | |
adjacent land rim-to-rim, as a recreational river. | |
``(LL) East fork of the virgin river.--The 8-mile | |
segment of the East Fork of the Virgin River from the | |
eastern boundary of Zion National Park through | |
Parunuweap Canyon to the western boundary of Zion | |
National Park and adjacent land \1/2\-mile wide, as a | |
wild river. | |
``(MM) Shunes creek.--The 3-mile segment of Shunes | |
Creek from the dry waterfall on land administered by | |
the Bureau of Land Management through Zion National | |
Park to the western boundary of Zion National Park and | |
adjacent land \1/2\-mile wide as a wild river.''. | |
(b) Incorporation of Acquired Non-Federal Land.--If the United | |
States acquires any non-Federal land within or adjacent to Zion | |
National Park that includes a river segment that is contiguous to a | |
river segment of the Virgin River designated as a wild, scenic, or | |
recreational river by paragraph (204) of section 3(a) of the Wild and | |
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (a)), the | |
acquired river segment shall be incorporated in, and be administered as | |
part of, the applicable wild, scenic, or recreational river. | |
(c) Savings Clause.--The amendment made by subsection (a) does not | |
affect the agreement among the United States, the State, the Washington | |
County Water Conservancy District, and the Kane County Water | |
Conservancy District entitled ``Zion National Park Water Rights | |
Settlement Agreement'' and dated December 4, 1996. | |
SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND TRANSPORTATION | |
MANAGEMENT PLAN. | |
(a) Definitions.--In this section: | |
(1) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(2) Secretary concerned.--The term ``Secretary concerned'' | |
means-- | |
(A) with respect to land managed by the Bureau of | |
Land Management, the Secretary; and | |
(B) with respect to land managed by the Forest | |
Service, the Secretary of Agriculture. | |
(3) Trail.--The term ``trail'' means the High Desert Off- | |
Highway Vehicle Trail designated under subsection (c)(1)(A). | |
(4) Travel management plan.--The term ``travel management | |
plan'' means the comprehensive travel and transportation | |
management plan developed under subsection (b)(1). | |
(b) Comprehensive Travel and Transportation Management Plan.-- | |
(1) In general.--Not later than 3 years after the date of | |
enactment of this Act, in accordance with the Federal Land | |
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and | |
other applicable laws (including regulations), the Secretary, | |
in consultation with appropriate Federal agencies and State, | |
tribal, and local governmental entities, and after an | |
opportunity for public comment, shall develop a comprehensive | |
travel management plan for the land managed by the Bureau of | |
Land Management in the County-- | |
(A) to provide to the public a clearly marked | |
network of roads and trails with signs and maps to | |
promote-- | |
(i) public safety and awareness; and | |
(ii) enhanced recreation and general access | |
opportunities; | |
(B) to help reduce in the County growing conflicts | |
arising from interactions between-- | |
(i) motorized recreation; and | |
(ii) the important resource values of | |
public land; | |
(C) to promote citizen-based opportunities for-- | |
(i) the monitoring and stewardship of the | |
trail; and | |
(ii) trail system management; and | |
(D) to support law enforcement officials in | |
promoting-- | |
(i) compliance with off-highway vehicle | |
laws (including regulations); and | |
(ii) effective deterrents of abuses of | |
public land. | |
(2) Scope; contents.--In developing the travel management | |
plan, the Secretary shall-- | |
(A) in consultation with appropriate Federal | |
agencies, State, tribal, and local governmental | |
entities (including the County and St. George City, | |
Utah), and the public, identify 1 or more alternatives | |
for a northern transportation route in the County; | |
(B) ensure that the travel management plan contains | |
a map that depicts the trail; and | |
(C) designate a system of areas, roads, and trails | |
for mechanical and motorized use. | |
(c) Designation of Trail.-- | |
(1) Designation.-- | |
(A) In general.--As a component of the travel | |
management plan, and in accordance with subparagraph | |
(B), the Secretary, in coordination with the Secretary | |
of Agriculture, and after an opportunity for public | |
comment, shall designate a trail (which may include a | |
system of trails)-- | |
(i) for use by off-highway vehicles; and | |
(ii) to be known as the ``High Desert Off- | |
Highway Vehicle Trail''. | |
(B) Requirements.--In designating the trail, the | |
Secretary shall only include trails that are-- | |
(i) as of the date of enactment of this | |
Act, authorized for use by off-highway | |
vehicles; and | |
(ii) located on land that is managed by the | |
Bureau of Land Management in the County. | |
(C) National forest land.--The Secretary of | |
Agriculture, in coordination with the Secretary and in | |
accordance with applicable law, may designate a portion | |
of the trail on National Forest System land within the | |
County. | |
(D) Map.--A map that depicts the trail shall be on | |
file and available for public inspection in the | |
appropriate offices of-- | |
(i) the Bureau of Land Management; and | |
(ii) the Forest Service. | |
(2) Management.-- | |
(A) In general.--The Secretary concerned shall | |
manage the trail-- | |
(i) in accordance with applicable laws | |
(including regulations); | |
(ii) to ensure the safety of citizens who | |
use the trail; and | |
(iii) in a manner by which to minimize any | |
damage to sensitive habitat or cultural | |
resources. | |
(B) Monitoring; evaluation.--To minimize the | |
impacts of the use of the trail on environmental and | |
cultural resources, the Secretary concerned shall-- | |
(i) annually assess the effects of the use | |
of off-highway vehicles on-- | |
(I) the trail; and | |
(II) land located in proximity to | |
the trail; and | |
(ii) in consultation with the Utah | |
Department of Natural Resources, annually | |
assess the effects of the use of the trail on | |
wildlife and wildlife habitat. | |
(C) Closure.--The Secretary concerned, in | |
consultation with the State and the County, and subject | |
to subparagraph (D), may temporarily close or | |
permanently reroute a portion of the trail if the | |
Secretary concerned determines that-- | |
(i) the trail is having an adverse impact | |
on-- | |
(I) wildlife habitats; | |
(II) natural resources; | |
(III) cultural resources; or | |
(IV) traditional uses; | |
(ii) the trail threatens public safety; or | |
(iii) closure of the trail is necessary-- | |
(I) to repair damage to the trail; | |
or | |
(II) to repair resource damage. | |
(D) Rerouting.--Any portion of the trail that is | |
temporarily closed by the Secretary concerned under | |
subparagraph (C) may be permanently rerouted along any | |
road or trail-- | |
(i) that is-- | |
(I) in existence as of the date of | |
the closure of the portion of the | |
trail; | |
(II) located on public land; and | |
(III) open to motorized use; and | |
(ii) if the Secretary concerned determines | |
that rerouting the portion of the trail would | |
not significantly increase or decrease the | |
length of the trail. | |
(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: | |
(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. | |
(4) Secretary.--The term ``Secretary'' means the Secretary | |
of Agriculture. | |
(b) Conveyance.-- | |
(1) In general.--The Secretary may convey to the landowner | |
all right, title, and interest of the United States in and to | |
any of the covered Federal land (including any improvements or | |
appurtenances to the covered Federal land) by sale or exchange. | |
(2) Legal description.--The exact acreage and legal | |
description of the covered Federal land to be conveyed under | |
paragraph (1) shall be determined by surveys satisfactory to | |
the Secretary. | |
(3) Consideration.-- | |
(A) In general.--As consideration for any | |
conveyance by sale under paragraph (1), the landowner | |
shall pay to the Secretary an amount equal to the fair | |
market value of any Federal land conveyed, as | |
determined under subparagraph (B). | |
(B) Appraisal.--The fair market value of any | |
Federal land that is conveyed under paragraph (1) shall | |
be determined by an appraisal acceptable to the | |
Secretary that is performed in accordance with-- | |
(i) the Uniform Appraisal Standards for | |
Federal Land Acquisitions; | |
(ii) the Uniform Standards of Professional | |
Appraisal Practice; and | |
(iii) any other applicable law (including | |
regulations). | |
(4) Disposition and use of proceeds.-- | |
(A) Disposition of proceeds.--The Secretary shall | |
deposit the proceeds of any sale of land under | |
paragraph (1) in the fund established under Public Law | |
90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. | |
484a). | |
(B) Use of proceeds.--Amounts deposited under | |
subparagraph (A) shall be available to the Secretary, | |
without further appropriation and until expended, for | |
the acquisition of real property or interests in real | |
property for inclusion in the Dixie National Forest in | |
the State. | |
(5) Additional terms and conditions.--The Secretary may | |
require any additional terms and conditions for any conveyance | |
under paragraph (1) that the Secretary determines to be | |
appropriate to protect the interests of the United States. | |
SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS BAND OF PAIUTE | |
INDIANS. | |
(a) Definitions.--In this section: | |
(1) Parcel a.--The term ``Parcel A'' means the parcel that | |
consists of approximately 640 acres of land that is-- | |
(A) managed by the Bureau of Land Management; | |
(B) located in Washington County, Utah; and | |
(C) depicted on the map entitled ``Washington | |
County Growth and Conservation Act Map''. | |
(2) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(3) Tribe.--The term ``Tribe'' means the Shivwits Band of | |
Paiute Indians of the State of Utah. | |
(b) Parcel To Be Held in Trust.-- | |
(1) In general.--At the request of the Tribe, the Secretary | |
shall take into trust for the benefit of the Tribe all right, | |
title, and interest of the United States in and to Parcel A. | |
(2) Survey; legal description.-- | |
(A) Survey.--Not later than 180 days after the date | |
of enactment of this Act, the Secretary, acting through | |
the Director of the Bureau of Land Management, shall | |
complete a survey of Parcel A to establish the boundary | |
of Parcel A. | |
(B) Legal description of parcel a.-- | |
(i) In general.--Upon the completion of the | |
survey under subparagraph (A), the Secretary | |
shall publish in the Federal Register a legal | |
description of-- | |
(I) the boundary line of Parcel A; | |
and | |
(II) Parcel A. | |
(ii) Technical corrections.--Before the | |
date of publication of the legal descriptions | |
under clause (i), the Secretary may make minor | |
corrections to correct technical and clerical | |
errors in the legal descriptions. | |
(iii) Effect.--Effective beginning on the | |
date of publication of the legal descriptions | |
under clause (i), the legal descriptions shall | |
be considered to be the official legal | |
descriptions of Parcel A. | |
(3) Effect.--Nothing in this section-- | |
(A) affects any valid right in existence on the | |
date of enactment of this Act; | |
(B) enlarges, impairs, or otherwise affects any | |
right or claim of the Tribe to any land or interest in | |
land other than to Parcel A that is-- | |
(i) based on an aboriginal or Indian title; | |
and | |
(ii) in existence as of the date of | |
enactment of this Act; or | |
(C) constitutes an express or implied reservation | |
of water or a water right with respect to Parcel A. | |
(4) Land to be made a part of the reservation.--Land taken | |
into trust pursuant to this section shall be considered to be | |
part of the reservation of the Tribe. | |
SEC. 1983. AUTHORIZATION OF APPROPRIATIONS. | |
There are authorized to be appropriated such sums as are necessary | |
to carry out this subtitle. | |
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS | |
Subtitle A--National Landscape Conservation System | |
SEC. 2001. DEFINITIONS. | |
In this subtitle: | |
(1) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(2) System.--The term ``system'' means the National | |
Landscape Conservation System established by section 2002(a). | |
SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE CONSERVATION SYSTEM. | |
(a) Establishment.--In order to conserve, protect, and restore | |
nationally significant landscapes that have outstanding cultural, | |
ecological, and scientific values for the benefit of current and future | |
generations, there is established in the Bureau of Land Management the | |
National Landscape Conservation System. | |
(b) Components.--The system shall include each of the following | |
areas administered by the Bureau of Land Management: | |
(1) Each area that is designated as-- | |
(A) a national monument; | |
(B) a national conservation area; | |
(C) a wilderness study area; | |
(D) a national scenic trail or national historic | |
trail designated as a component of the National Trails | |
System; | |
(E) a component of the National Wild and Scenic | |
Rivers System; or | |
(F) a component of the National Wilderness | |
Preservation System. | |
(2) Any area designated by Congress to be administered for | |
conservation purposes, including-- | |
(A) the Steens Mountain Cooperative Management and | |
Protection Area; | |
(B) the Headwaters Forest Reserve; | |
(C) the Yaquina Head Outstanding Natural Area; | |
(D) public land within the California Desert | |
Conservation Area administered by the Bureau of Land | |
Management for conservation purposes; and | |
(E) any additional area designated by Congress for | |
inclusion in the system. | |
(c) Management.--The Secretary shall manage the system-- | |
(1) in accordance with any applicable law (including | |
regulations) relating to any component of the system included | |
under subsection (b); and | |
(2) in a manner that protects the values for which the | |
components of the system were designated. | |
(d) Effect.-- | |
(1) In general.--Nothing in this subtitle enhances, | |
diminishes, or modifies any law or proclamation (including | |
regulations relating to the law or proclamation) under which | |
the components of the system described in subsection (b) were | |
established or are managed, including-- | |
(A) the Alaska National Interest Lands Conservation | |
Act (16 U.S.C. 3101 et seq.); | |
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); | |
(C) the Wild and Scenic Rivers Act (16 U.S.C. 1271 | |
et seq.); | |
(D) the National Trails System Act (16 U.S.C. 1241 | |
et seq.); and | |
(E) the Federal Land Policy and Management Act of | |
1976 (43 U.S.C. 1701 et seq.). | |
(2) Fish and wildlife.--Nothing in this subtitle shall be | |
construed as affecting the authority, jurisdiction, or | |
responsibility of the several States to manage, control, or | |
regulate fish and resident wildlife under State law or | |
regulations, including the regulation of hunting, fishing, | |
trapping and recreational shooting on public land managed by | |
the Bureau of Land Management. Nothing in this subtitle shall | |
be construed as limiting access for hunting, fishing, trapping, | |
or recreational shooting. | |
SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. | |
There are authorized to be appropriated such sums as are necessary | |
to carry out this subtitle. | |
Subtitle B--Prehistoric Trackways National Monument | |
SEC. 2101. FINDINGS. | |
Congress finds that-- | |
(1) in 1987, a major deposit of Paleozoic Era fossilized | |
footprint megatrackways was discovered in the Robledo Mountains | |
in southern New Mexico; | |
(2) the trackways contain footprints of numerous | |
amphibians, reptiles, and insects (including previously unknown | |
species), plants, and petrified wood dating back approximately | |
280,000,000 years, which collectively provide new opportunities | |
to understand animal behaviors and environments from a time | |
predating the dinosaurs; | |
(3) title III of Public Law 101-578 (104 Stat. 2860)-- | |
(A) provided interim protection for the site at | |
which the trackways were discovered; and | |
(B) directed the Secretary of the Interior to-- | |
(i) prepare a study assessing the | |
significance of the site; and | |
(ii) based on the study, provide | |
recommendations for protection of the | |
paleontological resources at the site; | |
(4) the Bureau of Land Management completed the Paleozoic | |
Trackways Scientific Study Report in 1994, which characterized | |
the site as containing ``the most scientifically significant | |
Early Permian tracksites'' in the world; | |
(5) despite the conclusion of the study and the | |
recommendations for protection, the site remains unprotected | |
and many irreplaceable trackways specimens have been lost to | |
vandalism or theft; and | |
(6) designation of the trackways site as a National | |
Monument would protect the unique fossil resources for present | |
and future generations while allowing for public education and | |
continued scientific research opportunities. | |
SEC. 2102. DEFINITIONS. | |
In this subtitle: | |
(1) Monument.--The term ``Monument'' means the Prehistoric | |
Trackways National Monument established by section 2103(a). | |
(2) Public land.--The term ``public land'' has the meaning | |
given the term ``public lands'' in section 103 of the Federal | |
Land Policy and Management Act of 1976 (43 U.S.C. 1702). | |
(3) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
SEC. 2103. ESTABLISHMENT. | |
(a) In General.--In order to conserve, protect, and enhance the | |
unique and nationally important paleontological, scientific, | |
educational, scenic, and recreational resources and values of the | |
public land described in subsection (b), there is established the | |
Prehistoric Trackways National Monument in the State of New Mexico. | |
(b) Description of Land.--The Monument shall consist of | |
approximately 5,280 acres of public land in Dona Ana County, New | |
Mexico, as generally depicted on the map entitled ``Prehistoric | |
Trackways National Monument'' and dated December 17, 2008. | |
(c) Map; Legal Description.-- | |
(1) In general.--As soon as practicable after the date of | |
enactment of this Act, the Secretary shall prepare and submit | |
to Congress an official map and legal description of the | |
Monument. | |
(2) Corrections.--The map and legal description submitted | |
under paragraph (1) shall have the same force and effect as if | |
included in this subtitle, except that the Secretary may | |
correct any clerical or typographical errors in the legal | |
description and the map. | |
(3) Conflict between map and legal description.--In the | |
case of a conflict between the map and the legal description, | |
the map shall control. | |
(4) Availability of map and legal description.--Copies of | |
the map and legal description shall be on file and available | |
for public inspection in the appropriate offices of the Bureau | |
of Land Management. | |
(d) Minor Boundary Adjustments.--If additional paleontological | |
resources are discovered on public land adjacent to the Monument after | |
the date of enactment of this Act, the Secretary may make minor | |
boundary adjustments to the Monument to include the resources in the | |
Monument. | |
SEC. 2104. ADMINISTRATION. | |
(a) Management.-- | |
(1) In general.--The Secretary shall manage the Monument-- | |
(A) in a manner that conserves, protects, and | |
enhances the resources and values of the Monument, | |
including the resources and values described in section | |
2103(a); and | |
(B) in accordance with-- | |
(i) this subtitle; | |
(ii) the Federal Land Policy and Management | |
Act of 1976 (43 U.S.C. 1701 et seq.); and | |
(iii) other applicable laws. | |
(2) National landscape conservation system.--The Monument | |
shall be managed as a component of the National Landscape | |
Conservation System. | |
(b) Management Plan.-- | |
(1) In general.--Not later than 3 years after the date of | |
enactment of this Act, the Secretary shall develop a | |
comprehensive management plan for the long-term protection and | |
management of the Monument. | |
(2) Components.--The management plan under paragraph (1)-- | |
(A) shall-- | |
(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; | |
(2) location, entry, and patent under the mining laws; and | |
(3) operation of the mineral leasing laws, geothermal | |
leasing laws, and minerals materials laws. | |
(h) Grazing.--The Secretary may allow grazing to continue in any | |
area of the Monument in which grazing is allowed before the date of | |
enactment of this Act, subject to applicable laws (including | |
regulations). | |
(i) Water Rights.--Nothing in this subtitle constitutes an express | |
or implied reservation by the United States of any water or water | |
rights with respect to the Monument. | |
SEC. 2105. AUTHORIZATION OF APPROPRIATIONS. | |
There are authorized to be appropriated such sums as are necessary | |
to carry out this subtitle. | |
Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area | |
SEC. 2201. DEFINITIONS. | |
In this subtitle: | |
(1) Conservation area.--The term ``Conservation Area'' | |
means the Fort Stanton-Snowy River Cave National Conservation | |
Area established by section 2202(a). | |
(2) Management plan.--The term ``management plan'' means | |
the management plan developed for the Conservation Area under | |
section 2203(c). | |
(3) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior, acting through the Director of the Bureau of | |
Land Management. | |
SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY RIVER CAVE NATIONAL | |
CONSERVATION AREA. | |
(a) Establishment; Purposes.--There is established the Fort | |
Stanton-Snowy River Cave National Conservation Area in Lincoln County, | |
New Mexico, to protect, conserve, and enhance the unique and nationally | |
important historic, cultural, scientific, archaeological, natural, and | |
educational subterranean cave resources of the Fort Stanton-Snowy River | |
cave system. | |
(b) Area Included.--The Conservation Area shall include the area | |
within the boundaries depicted on the map entitled ``Fort Stanton-Snowy | |
River Cave National Conservation Area'' and dated December 15, 2008. | |
(c) Map and Legal Description.-- | |
(1) In general.--As soon as practicable after the date of | |
enactment of this Act, the Secretary shall submit to Congress a | |
map and legal description of the Conservation Area. | |
(2) Effect.--The map and legal description of the | |
Conservation Area shall have the same force and effect as if | |
included in this subtitle, except that the Secretary may | |
correct any minor errors in the map and legal description. | |
(3) Public availability.--The map and legal description of | |
the Conservation Area shall be available for public inspection | |
in the appropriate offices of the Bureau of Land Management. | |
SEC. 2203. MANAGEMENT OF THE CONSERVATION AREA. | |
(a) Management.-- | |
(1) In general.--The Secretary shall manage the | |
Conservation Area-- | |
(A) in a manner that conserves, protects, and | |
enhances the resources and values of the Conservation | |
Area, including the resources and values described in | |
section 2202(a); and | |
(B) in accordance with-- | |
(i) this subtitle; | |
(ii) the Federal Land Policy and Management | |
Act of 1976 (43 U.S.C. 1701 et seq.); and | |
(iii) any other applicable laws. | |
(2) Uses.--The Secretary shall only allow uses of the | |
Conservation Area that are consistent with the protection of | |
the cave resources. | |
(3) Requirements.--In administering the Conservation Area, | |
the Secretary shall provide for-- | |
(A) the conservation and protection of the natural | |
and unique features and environs for scientific, | |
educational, and other appropriate public uses of the | |
Conservation Area; | |
(B) public access, as appropriate, while providing | |
for the protection of the cave resources and for public | |
safety; | |
(C) the continuation of other existing uses or | |
other new uses of the Conservation Area that do not | |
impair the purposes for which the Conservation Area is | |
established; | |
(D) management of the surface area of the | |
Conservation Area in accordance with the Fort Stanton | |
Area of Critical Environmental Concern Final Activity | |
Plan dated March, 2001, or any amendments to the plan, | |
consistent with this subtitle; and | |
(E) scientific investigation and research | |
opportunities within the Conservation Area, including | |
through partnerships with colleges, universities, | |
schools, scientific institutions, researchers, and | |
scientists to conduct research and provide educational | |
and interpretive services within the Conservation Area. | |
(b) Withdrawals.--Subject to valid existing rights, all Federal | |
surface and subsurface land within the Conservation Area and all land | |
and interests in the land that are acquired by the United States after | |
the date of enactment of this Act for inclusion in the Conservation | |
Area, are withdrawn from-- | |
(1) all forms of entry, appropriation, or disposal under | |
the general land laws; | |
(2) location, entry, and patent under the mining laws; and | |
(3) operation under the mineral leasing and geothermal | |
leasing laws. | |
(c) Management Plan.-- | |
(1) In general.--Not later than 2 years after the date of | |
enactment of this Act, the Secretary shall develop a | |
comprehensive plan for the long-term management of the | |
Conservation Area. | |
(2) Purposes.--The management plan shall-- | |
(A) describe the appropriate uses and management of | |
the Conservation Area; | |
(B) incorporate, as appropriate, decisions | |
contained in any other management or activity plan for | |
the land within or adjacent to the Conservation Area; | |
(C) take into consideration any information | |
developed in studies of the land and resources within | |
or adjacent to the Conservation Area; and | |
(D) provide for a cooperative agreement with | |
Lincoln County, New Mexico, to address the historical | |
involvement of the local community in the | |
interpretation and protection of the resources of the | |
Conservation Area. | |
(d) Research and Interpretive Facilities.-- | |
(1) In general.--The Secretary may establish facilities | |
for-- | |
(A) the conduct of scientific research; and | |
(B) the interpretation of the historical, cultural, | |
scientific, archaeological, natural, and educational | |
resources of the Conservation Area. | |
(2) Cooperative agreements.--The Secretary may, in a manner | |
consistent with this subtitle, enter into cooperative | |
agreements with the State of New Mexico and other institutions | |
and organizations to carry out the purposes of this subtitle. | |
(e) Water Rights.--Nothing in this subtitle constitutes an express | |
or implied reservation of any water right. | |
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS. | |
There are authorized to be appropriated such sums as are necessary | |
to carry out this subtitle. | |
Subtitle D--Snake River Birds of Prey National Conservation Area | |
SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA. | |
(a) Renaming.--Public Law 103-64 is amended-- | |
(1) in section 2(2) (16 U.S.C. 460iii-1(2)), by inserting | |
``Morley Nelson'' before ``Snake River Birds of Prey National | |
Conservation Area''; and | |
(2) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by | |
inserting ``Morley Nelson'' before ``Snake River Birds of Prey | |
National Conservation Area''. | |
(b) References.--Any reference in a law, map, regulation, document, | |
paper, or other record of the United States to the Snake River Birds of | |
Prey National Conservation Area shall be deemed to be a reference to | |
the Morley Nelson Snake River Birds of Prey National Conservation Area. | |
(c) Technical Corrections.--Public Law 103-64 is further amended-- | |
(1) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by | |
striking ``(hereafter referred to as the `conservation | |
area')''; and | |
(2) in section 4 (16 U.S.C. 460iii-3)-- | |
(A) in subsection (a)(2), by striking | |
``Conservation Area'' and inserting ``conservation | |
area''; and | |
(B) in subsection (d), by striking ``Visitors | |
Center'' and inserting ``visitors center''. | |
Subtitle E--Dominguez-Escalante National Conservation Area | |
SEC. 2401. DEFINITIONS. | |
In this subtitle: | |
(1) Conservation area.--The term ``Conservation Area'' | |
means the Dominguez-Escalante National Conservation Area | |
established by section 2402(a)(1). | |
(2) Council.--The term ``Council'' means the Dominguez- | |
Escalante National Conservation Area Advisory Council | |
established under section 2407. | |
(3) Management plan.--The term ``management plan'' means | |
the management plan developed under section 2406. | |
(4) Map.--The term ``Map'' means the map entitled | |
``Dominguez-Escalante National Conservation Area'' and dated | |
September 15, 2008. | |
(5) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(6) State.--The term ``State'' means the State of Colorado. | |
(7) Wilderness.--The term ``Wilderness'' means the | |
Dominguez Canyon Wilderness Area designated by section 2403(a). | |
SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA. | |
(a) Establishment.-- | |
(1) In general.--There is established the Dominguez- | |
Escalante National Conservation Area in the State. | |
(2) Area included.--The Conservation Area shall consist of | |
approximately 209,610 acres of public land, as generally | |
depicted on the Map. | |
(b) Purposes.--The purposes of the Conservation Area are to | |
conserve and protect for the benefit and enjoyment of present and | |
future generations-- | |
(1) the unique and important resources and values of the | |
land, including the geological, cultural, archaeological, | |
paleontological, natural, scientific, recreational, wilderness, | |
wildlife, riparian, historical, educational, and scenic | |
resources of the public land; and | |
(2) the water resources of area streams, based on | |
seasonally available flows, that are necessary to support | |
aquatic, riparian, and terrestrial species and communities. | |
(c) Management.-- | |
(1) In general.--The Secretary shall manage the | |
Conservation Area-- | |
(A) as a component of the National Landscape | |
Conservation System; | |
(B) in a manner that conserves, protects, and | |
enhances the resources and values of the Conservation | |
Area described in subsection (b); and | |
(C) in accordance with-- | |
(i) the Federal Land Policy and Management | |
Act of 1976 (43 U.S.C. 1701 et seq.); | |
(ii) this subtitle; and | |
(iii) any other applicable laws. | |
(2) Uses.-- | |
(A) In general.--The Secretary shall allow only | |
such uses of the Conservation Area as the Secretary | |
determines would further the purposes for which the | |
Conservation Area is established. | |
(B) Use of motorized vehicles.-- | |
(i) In general.--Except as provided in | |
clauses (ii) and (iii), use of motorized | |
vehicles in the Conservation Area shall be | |
allowed-- | |
(I) before the effective date of | |
the management plan, only on roads and | |
trails designated for use of motor | |
vehicles in the management plan that | |
applies on the date of the enactment of | |
this Act to the public land in the | |
Conservation Area; and | |
(II) after the effective date of | |
the management plan, only on roads and | |
trails designated in the management | |
plan for the use of motor vehicles. | |
(ii) Administrative and emergency response | |
use.--Clause (i) shall not limit the use of | |
motor vehicles in the Conservation Area for | |
administrative purposes or to respond to an | |
emergency. | |
(iii) Limitation.--This subparagraph shall | |
not apply to the Wilderness. | |
SEC. 2403. DOMINGUEZ CANYON WILDERNESS AREA. | |
(a) In General.--In accordance with the Wilderness Act (16 U.S.C. | |
1131 et seq.), the approximately 66,280 acres of public land in Mesa, | |
Montrose, and Delta Counties, Colorado, as generally depicted on the | |
Map, is designated as wilderness and as a component of the National | |
Wilderness Preservation System, to be known as the ``Dominguez Canyon | |
Wilderness Area''. | |
(b) Administration of Wilderness.--The Wilderness shall be managed | |
by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 | |
et seq.) and this subtitle, except that-- | |
(1) any reference in the Wilderness Act to the effective | |
date of that Act shall be considered to be a reference to the | |
date of enactment of this Act; and | |
(2) any reference in the Wilderness Act to the Secretary of | |
Agriculture shall be considered to be a reference to the | |
Secretary of the Interior. | |
SEC. 2404. MAPS AND LEGAL DESCRIPTIONS. | |
(a) In General.--As soon as practicable after the date of enactment | |
of this Act, the Secretary shall file a map and a legal description of | |
the Conservation Area and the Wilderness with-- | |
(1) the Committee on Energy and Natural Resources of the | |
Senate; and | |
(2) the Committee on Natural Resources of the House of | |
Representatives. | |
(b) Force and Effect.--The Map and legal descriptions filed under | |
subsection (a) shall have the same force and effect as if included in | |
this subtitle, except that the Secretary may correct clerical and | |
typographical errors in the Map and legal descriptions. | |
(c) Public Availability.--The Map and legal descriptions filed | |
under subsection (a) shall be available for public inspection in the | |
appropriate offices of the Bureau of Land Management. | |
SEC. 2405. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS. | |
(a) Withdrawal.--Subject to valid existing rights, all Federal land | |
within the Conservation Area and the Wilderness and all land and | |
interests in land acquired by the United States within the Conservation | |
Area or the Wilderness is withdrawn from-- | |
(1) all forms of entry, appropriation, or disposal under | |
the public land laws; | |
(2) location, entry, and patent under the mining laws; and | |
(3) operation of the mineral leasing, mineral materials, | |
and geothermal leasing laws. | |
(b) Grazing.-- | |
(1) Grazing in conservation area.--Except as provided in | |
paragraph (2), the Secretary shall issue and administer any | |
grazing leases or permits in the Conservation Area in | |
accordance with the laws (including regulations) applicable to | |
the issuance and administration of such leases and permits on | |
other land under the jurisdiction of the Bureau of Land | |
Management. | |
(2) Grazing in wilderness.--The grazing of livestock in the | |
Wilderness, if established as of the date of enactment of this | |
Act, shall be permitted to continue-- | |
(A) subject to any reasonable regulations, | |
policies, and practices that the Secretary determines | |
to be necessary; and | |
(B) in accordance with-- | |
(i) section 4(d)(4) of the Wilderness Act | |
(16 U.S.C. 1133(d)(4)); and | |
(ii) the guidelines set forth in Appendix A | |
of the report of the Committee on Interior and | |
Insular Affairs of the House of Representatives | |
accompanying H.R. 2570 of the 101st Congress | |
(H. Rept. 101-405). | |
(c) No Buffer Zones.-- | |
(1) In general.--Nothing in this subtitle creates a | |
protective perimeter or buffer zone around the Conservation | |
Area. | |
(2) Activities outside conservation area.--The fact that an | |
activity or use on land outside the Conservation Area can be | |
seen or heard within the Conservation Area shall not preclude | |
the activity or use outside the boundary of the Conservation | |
Area. | |
(d) Acquisition of Land.-- | |
(1) In general.--The Secretary may acquire non-Federal land | |
within the boundaries of the Conservation Area or the | |
Wilderness only through exchange, donation, or purchase from a | |
willing seller. | |
(2) Management.--Land acquired under paragraph (1) shall-- | |
(A) become part of the Conservation Area and, if | |
applicable, the Wilderness; and | |
(B) be managed in accordance with this subtitle and | |
any other applicable laws. | |
(e) Fire, Insects, and Diseases.--Subject to such terms and | |
conditions as the Secretary determines to be desirable and appropriate, | |
the Secretary may undertake such measures as are necessary to control | |
fire, insects, and diseases-- | |
(1) in the Wilderness, in accordance with section 4(d)(1) | |
of the Wilderness Act (16 U.S.C. 1133(d)(1)); and | |
(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.-- | |
(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). | |
(4) Conservation area water rights.--With respect to water | |
within the Conservation Area, nothing in this subtitle-- | |
(A) authorizes any Federal agency to appropriate or | |
otherwise acquire any water right on the mainstem of | |
the Gunnison River; or | |
(B) prevents the State from appropriating or | |
acquiring, or requires the State to appropriate or | |
acquire, an instream flow water right on the mainstem | |
of the Gunnison River. | |
(5) Wilderness boundaries along gunnison river.-- | |
(A) In general.--In areas in which the Gunnison | |
River is used as a reference for defining the boundary | |
of the Wilderness, the boundary shall-- | |
(i) be located at the edge of the river; | |
and | |
(ii) change according to the river level. | |
(B) Exclusion from wilderness.--Regardless of the | |
level of the Gunnison River, no portion of the Gunnison | |
River is included in the Wilderness. | |
(i) Effect.--Nothing in this subtitle-- | |
(1) diminishes the jurisdiction of the State with respect | |
to fish and wildlife in the State; or | |
(2) imposes any Federal water quality standard upstream of | |
the Conservation Area or within the mainstem of the Gunnison | |
River that is more restrictive than would be applicable had the | |
Conservation Area not been established. | |
(j) Valid Existing Rights.--The designation of the Conservation | |
Area and Wilderness is subject to valid rights in existence on the date | |
of enactment of this Act. | |
SEC. 2406. MANAGEMENT PLAN. | |
(a) In General.--Not later than 3 years after the date of enactment | |
of this Act, the Secretary shall develop a comprehensive management | |
plan for the long-term protection and management of the Conservation | |
Area. | |
(b) Purposes.--The management plan shall-- | |
(1) describe the appropriate uses and management of the | |
Conservation Area; | |
(2) be developed with extensive public input; | |
(3) take into consideration any information developed in | |
studies of the land within the Conservation Area; and | |
(4) include a comprehensive travel management plan. | |
SEC. 2407. ADVISORY COUNCIL. | |
(a) Establishment.--Not later than 180 days after the date of | |
enactment of this Act, the Secretary shall establish an advisory | |
council, to be known as the ``Dominguez-Escalante National Conservation | |
Area Advisory Council''. | |
(b) Duties.--The Council shall advise the Secretary with respect to | |
the preparation and implementation of the management plan. | |
(c) Applicable Law.--The Council shall be subject to-- | |
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and | |
(2) the Federal Land Policy and Management Act of 1976 (43 | |
U.S.C. 1701 et seq.). | |
(d) Members.--The Council shall include 10 members to be appointed | |
by the Secretary, of whom, to the extent practicable-- | |
(1) 1 member shall be appointed after considering the | |
recommendations of the Mesa County Commission; | |
(2) 1 member shall be appointed after considering the | |
recommendations of the Montrose County Commission; | |
(3) 1 member shall be appointed after considering the | |
recommendations of the Delta County Commission; | |
(4) 1 member shall be appointed after considering the | |
recommendations of the permittees holding grazing allotments | |
within the Conservation Area or the Wilderness; and | |
(5) 5 members shall reside in, or within reasonable | |
proximity to, Mesa County, Delta County, or Montrose County, | |
Colorado, with backgrounds that reflect-- | |
(A) the purposes for which the Conservation Area or | |
Wilderness was established; and | |
(B) the interests of the stakeholders that are | |
affected by the planning and management of the | |
Conservation Area and Wilderness. | |
(e) Representation.--The Secretary shall ensure that the membership | |
of the Council is fairly balanced in terms of the points of view | |
represented and the functions to be performed by the Council. | |
(f) Duration.--The Council shall terminate on the date that is 1 | |
year from the date on which the management plan is adopted by the | |
Secretary. | |
SEC. 2408. AUTHORIZATION OF APPROPRIATIONS. | |
There are authorized to be appropriated such sums as are necessary | |
to carry out this subtitle. | |
Subtitle F--Rio Puerco Watershed Management Program | |
SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM. | |
(a) Rio Puerco Management Committee.--Section 401(b) of the Omnibus | |
Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 | |
Stat. 4147) is amended-- | |
(1) in paragraph (2)-- | |
(A) by redesignating subparagraphs (I) through (N) | |
as subparagraphs (J) through (O), respectively; and | |
(B) by inserting after subparagraph (H) the | |
following: | |
``(I) the Environmental Protection Agency;''; and | |
(2) in paragraph (4), by striking ``enactment of this Act'' | |
and inserting ``enactment of the Omnibus Public Land Management | |
Act of 2009''. | |
(b) Authorization of Appropriations.--Section 401(e) of the Omnibus | |
Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 | |
Stat. 4148) is amended by striking ``enactment of this Act'' and | |
inserting ``enactment of the Omnibus Public Land Management Act of | |
2009''. | |
Subtitle G--Land Conveyances and Exchanges | |
SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES. | |
(a) Definitions.--In this section: | |
(1) City.--The term ``City'' means Carson City Consolidated | |
Municipality, Nevada. | |
(2) Map.--The term ``Map'' means the map entitled ``Carson | |
City, Nevada Area'', dated November 7, 2008, and on file and | |
available for public inspection in the appropriate offices of-- | |
(A) the Bureau of Land Management; | |
(B) the Forest Service; and | |
(C) the City. | |
(3) Secretary.--The term ``Secretary'' means-- | |
(A) with respect to land in the National Forest | |
System, the Secretary of Agriculture, acting through | |
the Chief of the Forest Service; and | |
(B) with respect to other Federal land, the | |
Secretary of the Interior. | |
(4) Secretaries.--The term ``Secretaries'' means the | |
Secretary of Agriculture and the Secretary of the Interior, | |
acting jointly. | |
(5) Tribe.--The term ``Tribe'' means the Washoe Tribe of | |
Nevada and California, which is a federally recognized Indian | |
tribe. | |
(b) Conveyances of Federal Land and City Land.-- | |
(1) In general.--Notwithstanding section 202 of the Federal | |
Land Policy and Management Act of 1976 (43 U.S.C. 1712), if the | |
City offers to convey to the United States title to the non- | |
Federal land described in paragraph (2)(A) that is acceptable | |
to the Secretary of Agriculture-- | |
(A) the Secretary shall accept the offer; and | |
(B) not later than 180 days after the date on which | |
the Secretary receives acceptable title to the non- | |
Federal land described in paragraph (2)(A), the | |
Secretaries shall convey to the City, subject to valid | |
existing rights and for no consideration, except as | |
provided in paragraph (3)(A), all right, title, and | |
interest of the United States in and to the Federal | |
land (other than any easement reserved under paragraph | |
(3)(B)) or interest in land described in paragraph | |
(2)(B). | |
(2) Description of land.-- | |
(A) Non-federal land.--The non-Federal land | |
referred to in paragraph (1) is the approximately 2,264 | |
acres of land administered by the City and identified | |
on the Map as ``To U.S. Forest Service''. | |
(B) Federal land.--The Federal land referred to in | |
paragraph (1)(B) is-- | |
(i) the approximately 935 acres of Forest | |
Service land identified on the Map as ``To | |
Carson City for Natural Areas''; | |
(ii) the approximately 3,604 acres of | |
Bureau of Land Management land identified on | |
the Map as ``Silver Saddle Ranch and Carson | |
River Area''; | |
(iii) the approximately 1,848 acres of | |
Bureau of Land Management land identified on | |
the Map as ``To Carson City for Parks and | |
Public Purposes''; and | |
(iv) the approximately 75 acres of City | |
land in which the Bureau of Land Management has | |
a reversionary interest that is identified on | |
the Map as ``Reversionary Interest of the | |
United States Released''. | |
(3) Conditions.-- | |
(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 | |
(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.-- | |
(A) In general.--If the City offers to convey to | |
the United States title to the non-Federal land | |
described in subparagraph (B) that is acceptable to the | |
Secretary of the Interior, the land shall, at the | |
discretion of the Secretary, be conveyed to the United | |
States. | |
(B) Description of land.--The non-Federal land | |
referred to in subparagraph (A) is the approximately 46 | |
acres of land administered by the City and identified | |
on the Map as ``To Bureau of Land Management''. | |
(C) Costs.--Any costs relating to the conveyance | |
under subparagraph (A), including any costs for surveys | |
and other administrative costs, shall be paid by the | |
Secretary of the Interior. | |
(c) Transfer of Administrative Jurisdiction From the Forest Service | |
to the Bureau of Land Management.-- | |
(1) In general.--Administrative jurisdiction over the | |
approximately 50 acres of Forest Service land identified on the | |
Map as ``Parcel #1'' is transferred, from the Secretary of | |
Agriculture to the Secretary of the Interior. | |
(2) Costs.--Any costs relating to the transfer under | |
paragraph (1), including any costs for surveys and other | |
administrative costs, shall be paid by the Secretary of the | |
Interior. | |
(3) Use of land.-- | |
(A) Right-of-way.--Not later than 120 days after | |
the date of enactment of this Act, the Secretary of the | |
Interior shall grant to the City a right-of-way for the | |
maintenance of flood management facilities located on | |
the land. | |
(B) Disposal.--The land referred to in paragraph | |
(1) shall be disposed of in accordance with subsection | |
(d). | |
(C) Disposition of proceeds.--The gross proceeds | |
from the disposal of land under subparagraph (B) shall | |
be distributed in accordance with subsection (e)(1). | |
(d) Disposal of Carson City Land.-- | |
(1) In general.--Notwithstanding sections 202 and 203 of | |
the Federal Land Policy and Management Act of 1976 (43 U.S.C. | |
1712, 1713), the Secretary of the Interior shall, in accordance | |
with that Act, this subsection, and other applicable law, and | |
subject to valid existing rights, conduct sales of the Federal | |
land described in paragraph (2) to qualified bidders. | |
(2) Description of land.--The Federal land referred to in | |
paragraph (1) is-- | |
(A) the approximately 108 acres of Bureau of Land | |
Management land identified as ``Lands for Disposal'' on | |
the Map; and | |
(B) the approximately 50 acres of land identified | |
as ``Parcel #1'' on the Map. | |
(3) Compliance with local planning and zoning laws.--Before | |
a sale of Federal land under paragraph (1), the City shall | |
submit to the Secretary a certification that qualified bidders | |
have agreed to comply with-- | |
(A) City zoning ordinances; and | |
(B) any master plan for the area approved by the | |
City. | |
(4) Method of sale; consideration.--The sale of Federal | |
land under paragraph (1) shall be-- | |
(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 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: | |
``(5) Limitation for carson city.--Carson City shall be | |
eligible to nominate for expenditure amounts to acquire land or | |
an interest in land for parks or natural areas and for | |
conservation initiatives-- | |
``(A) adjacent to the Carson River; or | |
``(B) within the floodplain of the Carson River.''. | |
(h) Transfer of Land to Be Held in Trust for Washoe Tribe.-- | |
(1) In general.--Subject to valid existing rights, all | |
right, title, and interest of the United States in and to the | |
land described in paragraph (2)-- | |
(A) shall be held in trust by the United States for | |
the benefit and use of the Tribe; and | |
(B) shall be part of the reservation of the Tribe. | |
(2) Description of land.--The land referred to in paragraph | |
(1) consists of approximately 293 acres, which is identified on | |
the Map as ``To Washoe Tribe''. | |
(3) Survey.--Not later than 180 days after the date of | |
enactment of this Act, the Secretary of Agriculture shall | |
complete a survey of the boundary lines to establish the | |
boundaries of the land taken into trust under paragraph (1). | |
(4) Use of land.-- | |
(A) Gaming.--Land taken into trust under paragraph | |
(1) shall not be eligible, or considered to have been | |
taken into trust, for class II gaming or class III | |
gaming (as those terms are defined in section 4 of the | |
Indian Gaming Regulatory Act (25 U.S.C. 2703)). | |
(B) Trust land for ceremonial use and | |
conservation.--With respect to the use of the land | |
taken into trust under paragraph (1) that is above the | |
5,200' elevation contour, the Tribe-- | |
(i) shall limit the use of the land to-- | |
(I) traditional and customary uses; | |
and | |
(II) stewardship conservation for | |
the benefit of the Tribe; and | |
(ii) shall not permit any-- | |
(I) permanent residential or | |
recreational development on the land; | |
or | |
(II) commercial use of the land, | |
including commercial development or | |
gaming. | |
(C) Trust land for commercial and residential | |
use.--With respect to the use of the land taken into | |
trust under paragraph (1), the Tribe shall limit the | |
use of the land below the 5,200' elevation to-- | |
(i) traditional and customary uses; | |
(ii) stewardship conservation for the | |
benefit of the Tribe; and | |
(iii)(I) residential or recreational | |
development; or | |
(II) commercial use. | |
(D) Thinning; landscape restoration.--With respect | |
to the land taken into trust under paragraph (1), the | |
Secretary of Agriculture, in consultation and | |
coordination with the Tribe, may carry out any thinning | |
and other landscape restoration activities on the land | |
that is beneficial to the Tribe and the Forest Service. | |
(i) Correction of Skunk Harbor Conveyance.-- | |
(1) Purpose.--The purpose of this subsection is to amend | |
Public Law 108-67 (117 Stat. 880) to make a technical | |
correction relating to the land conveyance authorized under | |
that Act. | |
(2) Technical correction.--Section 2 of Public Law 108-67 | |
(117 Stat. 880) is amended-- | |
(A) by striking ``Subject to'' and inserting the | |
following: | |
``(a) In General.--Subject to''; | |
(B) in subsection (a) (as designated by paragraph | |
(1)), by striking ``the parcel'' and all that follows | |
through the period at the end and inserting the | |
following: ``and to approximately 23 acres of land | |
identified as `Parcel A' on the map entitled `Skunk | |
Harbor Conveyance Correction' and dated September 12, | |
2008, the western boundary of which is the low water | |
line of Lake Tahoe at elevation 6,223.0' (Lake Tahoe | |
Datum).''; and | |
(C) by adding at the end the following: | |
``(b) Survey and Legal Description.-- | |
``(1) In general.--Not later than 180 days after the date | |
of enactment of this subsection, the Secretary of Agriculture | |
shall complete a survey and legal description of the boundary | |
lines to establish the boundaries of the trust land. | |
``(2) Technical corrections.--The Secretary may correct any | |
technical errors in the survey or legal description completed | |
under paragraph (1). | |
``(c) Public Access and Use.--Nothing in this Act prohibits any | |
approved general public access (through existing easements or by boat) | |
to, or use of, land remaining within the Lake Tahoe Basin Management | |
Unit after the conveyance of the land to the Secretary of the Interior, | |
in trust for the Tribe, under subsection (a), including access to, and | |
use of, the beach and shoreline areas adjacent to the portion of land | |
conveyed under that subsection.''. | |
(3) Date of trust status.--The trust land described in | |
section 2(a) of Public Law 108-67 (117 Stat. 880) shall be | |
considered to be taken into trust as of August 1, 2003. | |
(4) Transfer.--The Secretary of the Interior, acting on | |
behalf of and for the benefit of the Tribe, shall transfer to | |
the Secretary of Agriculture administrative jurisdiction over | |
the land identified as ``Parcel B'' on the map entitled ``Skunk | |
Harbor Conveyance Correction'' and dated September 12, 2008. | |
(j) Agreement With Forest Service.--The Secretary of Agriculture, | |
in consultation with the Tribe, shall develop and implement a | |
cooperative agreement that ensures regular access by members of the | |
Tribe and other people in the community of the Tribe across National | |
Forest System land from the City to Lake Tahoe for cultural and | |
religious purposes. | |
(k) Artifact Collection.-- | |
(1) Notice.--At least 180 days before conducting any ground | |
disturbing activities on the land identified as ``Parcel #2'' | |
on the Map, the City shall notify the Tribe of the proposed | |
activities to provide the Tribe with adequate time to inventory | |
and collect any artifacts in the affected area. | |
(2) Authorized activities.--On receipt of notice under | |
paragraph (1), the Tribe may collect and possess any artifacts | |
relating to the Tribe in the land identified as ``Parcel #2'' | |
on the Map. | |
(l) Authorization of Appropriations.--There are authorized to be | |
appropriated such sums as are necessary to carry out this section. | |
SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA CONVEYANCE. | |
(a) Definitions.--In this section: | |
(1) City.--The term ``City'' means the City of Henderson, | |
Nevada. | |
(2) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(3) State.--The term ``State'' means the State of Nevada. | |
(4) Transition area.--The term ``Transition Area'' means | |
the approximately 502 acres of Federal land located in | |
Henderson, Nevada, and identified as ``Limited Transition | |
Area'' on the map entitled ``Southern Nevada Limited Transition | |
Area Act'' and dated March 20, 2006. | |
(b) Southern Nevada Limited Transition Area.-- | |
(1) Conveyance.--Notwithstanding the Federal Land Policy | |
and Management Act of 1976 (43 U.S.C. 1701 et seq.), on request | |
of the City, the Secretary shall, without consideration and | |
subject to all valid existing rights, convey to the City all | |
right, title, and interest of the United States in and to the | |
Transition Area. | |
(2) Use of land for nonresidential development.-- | |
(A) In general.--After the conveyance to the City | |
under paragraph (1), the City may sell, lease, or | |
otherwise convey any portion or portions of the | |
Transition Area for purposes of nonresidential | |
development. | |
(B) Method of sale.-- | |
(i) In general.--The sale, lease, or | |
conveyance of land under subparagraph (A) shall | |
be through a competitive bidding process. | |
(ii) Fair market value.--Any land sold, | |
leased, or otherwise conveyed under | |
subparagraph (A) shall be for not less than | |
fair market value. | |
(C) Compliance with charter.--Except as provided in | |
subparagraphs (B) and (D), the City may sell, lease, or | |
otherwise convey parcels within the Transition Area | |
only in accordance with the procedures for conveyances | |
established in the City Charter. | |
(D) Disposition of proceeds.--The gross proceeds | |
from the sale of land under subparagraph (A) shall be | |
distributed in accordance with section 4(e) of the | |
Southern Nevada Public Land Management Act of 1998 (112 | |
Stat. 2345). | |
(3) Use of land for recreation or other public purposes.-- | |
The City may elect to retain parcels in the Transition Area for | |
public recreation or other public purposes consistent with the | |
Act of June 14, 1926 (commonly known as the ``Recreation and | |
Public Purposes Act'') (43 U.S.C. 869 et seq.) by providing to | |
the Secretary written notice of the election. | |
(4) Noise compatibility requirements.--The City shall-- | |
(A) plan and manage the Transition Area in | |
accordance with section 47504 of title 49, United | |
States Code (relating to airport noise compatibility | |
planning), and regulations promulgated in accordance | |
with that section; and | |
(B) agree that if any land in the Transition Area | |
is sold, leased, or otherwise conveyed by the City, the | |
sale, lease, or conveyance shall contain a limitation | |
to require uses compatible with that airport noise | |
compatibility planning. | |
(5) Reversion.-- | |
(A) In general.--If any parcel of land in the | |
Transition Area is not conveyed for nonresidential | |
development under this section or reserved for | |
recreation or other public purposes under paragraph (3) | |
by the date that is 20 years after the date of | |
enactment of this Act, the parcel of land shall, at the | |
discretion of the Secretary, revert to the United | |
States. | |
(B) Inconsistent use.--If the City uses any parcel | |
of land within the Transition Area in a manner that is | |
inconsistent with the uses specified in this | |
subsection-- | |
(i) at the discretion of the Secretary, the | |
parcel shall revert to the United States; or | |
(ii) if the Secretary does not make an | |
election under clause (i), the City shall sell | |
the parcel of land in accordance with this | |
subsection. | |
SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE. | |
(a) Definitions.--In this section: | |
(1) Alta-hualapai site.--The term ``Alta-Hualapai Site'' | |
means the approximately 80 acres of land that is-- | |
(A) patented to the City under the Act of June 14, | |
1926 (commonly known as the ``Recreation and Public | |
Purposes Act'') (43 U.S.C. 869 et seq.); and | |
(B) identified on the map as the ``Alta-Hualapai | |
Site''. | |
(2) City.--The term ``City'' means the city of Las Vegas, | |
Nevada. | |
(3) Institute.--The term ``Institute'' means the Nevada | |
Cancer Institute, a nonprofit organization described under | |
section 501(c)(3) of the Internal Revenue Code of 1986, the | |
principal place of business of which is at 10441 West Twain | |
Avenue, Las Vegas, Nevada. | |
(4) Map.--The term ``map'' means the map titled ``Nevada | |
Cancer Institute Expansion Act'' and dated July 17, 2006. | |
(5) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior, acting through the Director of the Bureau of | |
Land Management. | |
(6) Water district.--The term ``Water District'' means the | |
Las Vegas Valley Water District. | |
(b) Land Conveyance.-- | |
(1) Survey and legal description.--The City shall prepare a | |
survey and legal description of the Alta-Hualapai Site. The | |
survey shall conform to the Bureau of Land Management cadastral | |
survey standards and be subject to approval by the Secretary. | |
(2) Acceptance.--The Secretary may accept the | |
relinquishment by the City of all or part of the Alta-Hualapai | |
Site. | |
(3) Conveyance for use as nonprofit cancer institute.-- | |
After relinquishment of all or part of the Alta-Hualapai Site | |
to the Secretary, and not later than 180 days after request of | |
the Institute, the Secretary shall convey to the Institute, | |
subject to valid existing rights, the portion of the Alta- | |
Hualapai Site that is necessary for the development of a | |
nonprofit cancer institute. | |
(4) Additional conveyances.--Not later than 180 days after | |
a request from the City, the Secretary shall convey to the | |
City, subject to valid existing rights, any remaining portion | |
of the Alta-Hualapai Site necessary for ancillary medical or | |
nonprofit use compatible with the mission of the Institute. | |
(5) Applicable law.--Any conveyance by the City of any | |
portion of the land received under this section shall be for no | |
less than fair market value and the proceeds shall be | |
distributed in accordance with section 4(e)(1) of Public Law | |
105-263 (112 Stat. 2345). | |
(6) Transaction costs.--All land conveyed by the Secretary | |
under this section shall be at no cost, except that the | |
Secretary may require the recipient to bear any costs | |
associated with transfer of title or any necessary land | |
surveys. | |
(7) Report.--Not later than 180 days after the date of the | |
enactment of this Act, the Secretary shall submit to the | |
Committee on Natural Resources of the House of Representatives | |
and the Committee on Energy and Natural Resources of the Senate | |
a report on all transactions conducted under Public Law 105-263 | |
(112 Stat. 2345). | |
(c) Rights-of-Way.--Consistent with the Federal Land Policy and | |
Management Act of 1976 (43 U.S.C. 1701), the Secretary may grant | |
rights-of-way to the Water District on a portion of the Alta-Hualapai | |
Site for a flood control project and a water pumping facility. | |
(d) Reversion.--Any property conveyed pursuant to this section | |
which ceases to be used for the purposes specified in this section | |
shall, at the discretion of the Secretary, revert to the United States, | |
along with any improvements thereon or thereto. | |
SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH. | |
(a) Definitions.--In this section: | |
(1) Federal land.--The term ``Federal land'' means the | |
approximately 25 acres of Bureau of Land Management land | |
identified on the map as ``Lands to be conveyed to Turnabout | |
Ranch''. | |
(2) Map.--The term ``map'' means the map entitled | |
``Turnabout Ranch Conveyance'' dated May 12, 2006, and on file | |
in the office of the Director of the Bureau of Land Management. | |
(3) Monument.--The term ``Monument'' means the Grand | |
Staircase-Escalante National Monument located in southern Utah. | |
(4) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(5) Turnabout ranch.--The term ``Turnabout Ranch'' means | |
the Turnabout Ranch in Escalante, Utah, owned by Aspen | |
Education Group. | |
(b) Conveyance of Federal Land to Turnabout Ranch.-- | |
(1) In general.--Notwithstanding the land use planning | |
requirements of sections 202 and 203 of the Federal Land Policy | |
and Management Act of 1976 (43 U.S.C. 1712, 1713), if not later | |
than 30 days after completion of the appraisal required under | |
paragraph (2), Turnabout Ranch of Escalante, Utah, submits to | |
the Secretary an offer to acquire the Federal land for the | |
appraised value, the Secretary shall, not later 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. | |
(2) Description of land.--The parcels of land referred to | |
in paragraph (1) are-- | |
(A) the 120-acre parcel that is part of a tract of | |
public land acquired by the Boy Scouts under the Act of | |
June 14, 1926 (commonly known as the ``Recreation and | |
Public Purposes Act'') (43 U.S.C. 869 et seq.) for the | |
purpose of operating a camp, which is more particularly | |
described as the W 1/2 SE 1/4 and SE 1/4 SE 1/4 sec. | |
26, T. 35 S., R. 9 W., Salt Lake Base and Meridian; and | |
(B) the 2 parcels of private land owned by Brian | |
Head Resort that total 120 acres, which are more | |
particularly described as-- | |
(i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. | |
25, T. 35 S., R. 9 W., Salt Lake Base and | |
Meridian; and | |
(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 | |
W., Salt Lake Base Meridian. | |
(3) Conditions.--On conveyance to the Boy Scouts under | |
paragraph (1)(A), the parcels of land described in paragraph | |
(2)(B) shall be subject to the terms and conditions imposed on | |
the entire tract of land acquired by the Boy Scouts for a camp | |
under the Bureau of Land Management patent numbered 43-75-0010. | |
(4) Modification of patent.--On completion of the exchange | |
under paragraph (1)(A), the Secretary shall amend the original | |
Bureau of Land Management patent providing for the conveyance | |
to the Boy Scouts under the Act of June 14, 1926 (commonly | |
known as the ``Recreation and Public Purposes Act'') (43 U.S.C. | |
869 et seq.) numbered 43-75-0010 to take into account the | |
exchange under paragraph (1)(A). | |
SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE. | |
(a) Definitions.--In this section: | |
(1) Public land.--The term ``public land'' means the | |
approximately 622 acres of Federal land managed by the Bureau | |
of Land Management and identified for conveyance on the map | |
prepared by the Bureau of Land Management entitled ``Douglas | |
County Public Utility District Proposal'' and dated March 2, | |
2006. | |
(2) PUD.--The term ``PUD'' means the Public Utility | |
District No. 1 of Douglas County, Washington. | |
(3) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(4) Wells hydroelectric project.--The term ``Wells | |
Hydroelectric Project'' means Federal Energy Regulatory | |
Commission Project No. 2149. | |
(b) Conveyance of Public Land, Wells Hydroelectric Project, Public | |
Utility District No. 1 of Douglas County, Washington.-- | |
(1) Conveyance required.--Notwithstanding the land use | |
planning requirements of sections 202 and 203 of the Federal | |
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), | |
and notwithstanding section 24 of the Federal Power Act (16 | |
U.S.C. 818) and Federal Power Order for Project 2149, and | |
subject to valid existing rights, if not later than 45 days | |
after the date of completion of the appraisal required under | |
paragraph (2), the Public Utility District No. 1 of Douglas | |
County, Washington, submits to the Secretary an offer to | |
acquire the public land for the appraised value, the Secretary | |
shall convey, not later than 30 days after the date of the | |
offer, to the PUD all right, title, and interest of the United | |
States in and to the public land. | |
(2) Appraisal.--Not later than 60 days after the date of | |
enactment of this Act, the Secretary shall complete an | |
appraisal of the public land. The appraisal shall be conducted | |
in accordance with the ``Uniform Appraisal Standards for | |
Federal Land Acquisitions'' and the ``Uniform Standards of | |
Professional Appraisal Practice''. | |
(3) Payment.--Not later than 30 days after the date on | |
which the public land is conveyed under this subsection, the | |
PUD shall pay to the Secretary an amount equal to the appraised | |
value of the public land as determined under paragraph (2). | |
(4) Map and legal descriptions.--As soon as practicable | |
after the date of enactment of this Act, the Secretary shall | |
finalize legal descriptions of the public land to be conveyed | |
under this subsection. The Secretary may correct any minor | |
errors in the map referred to in subsection (a)(1) or in the | |
legal descriptions. The map and legal descriptions shall be on | |
file and available for public inspection in appropriate offices | |
of the Bureau of Land Management. | |
(5) Costs of conveyance.--As a condition of conveyance, any | |
costs related to the conveyance under this subsection shall be | |
paid by the PUD. | |
(6) Disposition of proceeds.--The Secretary shall deposit | |
the proceeds from the sale in the Federal Land Disposal Account | |
established by section 206 of the Federal Land Transaction | |
Facilitation Act (43 U.S.C. 2305) to be expended to improve | |
access to public lands administered by the Bureau of Land | |
Management in the State of Washington. | |
(c) Segregation of Lands.-- | |
(1) Withdrawal.--Except as provided in subsection (b)(1), | |
effective immediately upon enactment of this Act, and subject | |
to valid existing rights, the public land is withdrawn from-- | |
(A) all forms of entry, appropriation, or disposal | |
under the public land laws, and all amendments thereto; | |
(B) location, entry, and patenting under the mining | |
laws, and all amendments thereto; and | |
(C) operation of the mineral leasing, mineral | |
materials, and geothermal leasing laws, and all | |
amendments thereto. | |
(2) Duration.--This subsection expires two years after the | |
date of enactment of this Act or on the date of the completion | |
of the conveyance under subsection (b), whichever is earlier. | |
(d) Retained Authority.--The Secretary shall retain the authority | |
to place conditions on the license to insure adequate protection and | |
utilization of the public land granted to the Secretary in section 4(e) | |
of the Federal Power Act (16 U.S.C. 797(e)) until the Federal Energy | |
Regulatory Commission has issued a new license for the Wells | |
Hydroelectric Project, to replace the original license expiring May 31, | |
2012, consistent with section 15 of the Federal Power Act (16 U.S.C. | |
808). | |
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 | |
(B) cooperative conservation agreements in | |
existence on the date of the enactment of this Act. | |
(c) Description of Land.--The land referred to in subsections (a) | |
and (b) is the approximately 70 acres of land in the Sunrise Mountain | |
Instant Study Area of Clark County, Nevada, that is designated on the | |
map entitled ``Sunrise Mountain ISA Release Areas'' and dated September | |
6, 2008. | |
SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE. | |
(a) Conveyance of Land by the Bureau of Land Management to Park | |
City, Utah.-- | |
(1) Land transfer.--Notwithstanding the planning | |
requirements of sections 202 and 203 of the Federal Land Policy | |
and Management Act of 1976 (43 U.S.C. 1712, 1713), the | |
Secretary of the Interior shall convey, not later than 180 days | |
after the date of the enactment of this Act, to Park City, | |
Utah, all right, title, and interest of the United States in | |
and to two parcels of real property located in Park City, Utah, | |
that are currently under the management jurisdiction of the | |
Bureau of Land Management and designated as parcel 8 (commonly | |
known as the White Acre parcel) and parcel 16 (commonly known | |
as the Gambel Oak parcel). The conveyance shall be subject to | |
all valid existing rights. | |
(2) Deed restriction.--The conveyance of the lands under | |
paragraph (1) shall be made by a deed or deeds containing a | |
restriction requiring that the lands be maintained as open | |
space and used solely for public recreation purposes or other | |
purposes consistent with their maintenance as open space. This | |
restriction shall not be interpreted to prohibit the | |
construction or maintenance of recreational facilities, | |
utilities, or other structures that are consistent with the | |
maintenance of the lands as open space or its use for public | |
recreation purposes. | |
(3) Consideration.--In consideration for the transfer of | |
the land under paragraph (1), Park City shall pay to the | |
Secretary of the Interior an amount consistent with conveyances | |
to governmental entities for recreational purposes under the | |
Act of June 14, 1926 (commonly known as the Recreation and | |
Public Purposes Act; 43 U.S.C. 869 et seq.). | |
(b) Sale of Bureau of Land Management Land in Park City, Utah, at | |
Auction.-- | |
(1) Sale of land.--Not later than 180 days after the date | |
of the enactment of this Act, the Secretary of the Interior | |
shall offer for sale any right, title, or interest of the | |
United States in and to two parcels of real property located in | |
Park City, Utah, that are currently under the management | |
jurisdiction of the Bureau of Land Management and are | |
designated as parcels 17 and 18 in the Park City, Utah, area. | |
The sale of the land shall be carried out in accordance with | |
the Federal Land Policy and Management Act of 1976 (43 U.S.C. | |
1701) and other applicable law, other than the planning | |
provisions of sections 202 and 203 of such Act (43 U.S.C. 1712, | |
1713), and shall be subject to all valid existing rights. | |
(2) Method of sale.--The sale of the land under paragraph | |
(1) shall be consistent with subsections (d) and (f) of section | |
203 of the Federal Land Policy and Management Act of 1976 (43 | |
U.S.C. 1713) through a competitive bidding process and for not | |
less than fair market value. | |
(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. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES. | |
(a) Definitions.--In this section: | |
(1) City.--The term ``City'' means Carson City Consolidated | |
Municipality, Nevada. | |
(2) Map.--The term ``Map'' means the map entitled ``Carson | |
City, Nevada Area'', dated November 7, 2008, and on file and | |
available for public inspection in the appropriate offices of-- | |
(A) the Bureau of Land Management; | |
(B) the Forest Service; and | |
(C) the City. | |
(3) Secretary.--The term ``Secretary'' means-- | |
(A) with respect to land in the National Forest | |
System, the Secretary of Agriculture, acting through | |
the Chief of the Forest Service; and | |
(B) with respect to other Federal land, the | |
Secretary of the Interior. | |
(4) Secretaries.--The term ``Secretaries'' means the | |
Secretary of Agriculture and the Secretary of the Interior, | |
acting jointly. | |
(5) Tribe.--The term ``Tribe'' means the Washoe Tribe of | |
Nevada and California, which is a federally recognized Indian | |
tribe. | |
(b) Conveyances of Federal Land and City Land.-- | |
(1) In general.--Notwithstanding section 202 of the Federal | |
Land Policy and Management Act of 1976 (43 U.S.C. 1712), if the | |
City offers to convey to the United States title to the non- | |
Federal land described in paragraph (2)(A) that is acceptable | |
to the Secretary of Agriculture-- | |
(A) the Secretary shall accept the offer; and | |
(B) not later than 180 days after the date on which | |
the Secretary receives acceptable title to the non- | |
Federal land described in paragraph (2)(A), the | |
Secretaries shall convey to the City, subject to valid | |
existing rights and for no consideration, except as | |
provided in paragraph (3)(A), all right, title, and | |
interest of the United States in and to the Federal | |
land (other than any easement reserved under paragraph | |
(3)(B)) or interest in land described in paragraph | |
(2)(B). | |
(2) Description of land.-- | |
(A) Non-federal land.--The non-Federal land | |
referred to in paragraph (1) is the approximately 2,264 | |
acres of land administered by the City and identified | |
on the Map as ``To U.S. Forest Service''. | |
(B) Federal land.--The Federal land referred to in | |
paragraph (1)(B) is-- | |
(i) the approximately 935 acres of Forest | |
Service land identified on the Map as ``To | |
Carson City for Natural Areas''; | |
(ii) the approximately 3,604 acres of | |
Bureau of Land Management land identified on | |
the Map as ``Silver Saddle Ranch and Carson | |
River Area''; | |
(iii) the approximately 1,848 acres of | |
Bureau of Land Management land identified on | |
the Map as ``To Carson City for Parks and | |
Public Purposes''; and | |
(iv) the approximately 75 acres of City | |
land in which the Bureau of Land Management has | |
a reversionary interest that is identified on | |
the Map as ``Reversionary Interest of the | |
United States Released''. | |
(3) Conditions.-- | |
(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 | |
(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.-- | |
(A) In general.--If the City offers to convey to | |
the United States title to the non-Federal land | |
described in subparagraph (B) that is acceptable to the | |
Secretary of the Interior, the land shall, at the | |
discretion of the Secretary, be conveyed to the United | |
States. | |
(B) Description of land.--The non-Federal land | |
referred to in subparagraph (A) is the approximately 46 | |
acres of land administered by the City and identified | |
on the Map as ``To Bureau of Land Management''. | |
(C) Costs.--Any costs relating to the conveyance | |
under subparagraph (A), including any costs for surveys | |
and other administrative costs, shall be paid by the | |
Secretary of the Interior. | |
(c) Transfer of Administrative Jurisdiction From the Forest Service | |
to the Bureau of Land Management.-- | |
(1) In general.--Administrative jurisdiction over the | |
approximately 50 acres of Forest Service land identified on the | |
Map as ``Parcel #1'' is transferred, from the Secretary of | |
Agriculture to the Secretary of the Interior. | |
(2) Costs.--Any costs relating to the transfer under | |
paragraph (1), including any costs for surveys and other | |
administrative costs, shall be paid by the Secretary of the | |
Interior. | |
(3) Use of land.-- | |
(A) Right-of-way.--Not later than 120 days after | |
the date of enactment of this Act, the Secretary of the | |
Interior shall grant to the City a right-of-way for the | |
maintenance of flood management facilities located on | |
the land. | |
(B) Disposal.--The land referred to in paragraph | |
(1) shall be disposed of in accordance with subsection | |
(d). | |
(C) Disposition of proceeds.--The gross proceeds | |
from the disposal of land under subparagraph (B) shall | |
be distributed in accordance with subsection (e)(1). | |
(d) Disposal of Carson City Land.-- | |
(1) In general.--Notwithstanding sections 202 and 203 of | |
the Federal Land Policy and Management Act of 1976 (43 U.S.C. | |
1712, 1713), the Secretary of the Interior shall, in accordance | |
with that Act, this subsection, and other applicable law, and | |
subject to valid existing rights, conduct sales of the Federal | |
land described in paragraph (2) to qualified bidders. | |
(2) Description of land.--The Federal land referred to in | |
paragraph (1) is-- | |
(A) the approximately 108 acres of Bureau of Land | |
Management land identified as ``Lands for Disposal'' on | |
the Map; and | |
(B) the approximately 50 acres of land identified | |
as ``Parcel #1'' on the Map. | |
(3) Compliance with local planning and zoning laws.--Before | |
a sale of Federal land under paragraph (1), the City shall | |
submit to the Secretary a certification that qualified bidders | |
have agreed to comply with-- | |
(A) City zoning ordinances; and | |
(B) any master plan for the area approved by the | |
City. | |
(4) Method of sale; consideration.--The sale of Federal | |
land under paragraph (1) shall be-- | |
(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 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: | |
``(5) Limitation for carson city.--Carson City shall be | |
eligible to nominate for expenditure amounts to acquire land or | |
an interest in land for parks or natural areas and for | |
conservation initiatives-- | |
``(A) adjacent to the Carson River; or | |
``(B) within the floodplain of the Carson River.''. | |
(h) Transfer of Land to Be Held in Trust for Washoe Tribe.-- | |
(1) In general.--Subject to valid existing rights, all | |
right, title, and interest of the United States in and to the | |
land described in paragraph (2)-- | |
(A) shall be held in trust by the United States for | |
the benefit and use of the Tribe; and | |
(B) shall be part of the reservation of the Tribe. | |
(2) Description of land.--The land referred to in paragraph | |
(1) consists of approximately 293 acres, which is identified on | |
the Map as ``To Washoe Tribe''. | |
(3) Survey.--Not later than 180 days after the date of | |
enactment of this Act, the Secretary of Agriculture shall | |
complete a survey of the boundary lines to establish the | |
boundaries of the land taken into trust under paragraph (1). | |
(4) Use of land.-- | |
(A) Gaming.--Land taken into trust under paragraph | |
(1) shall not be eligible, or considered to have been | |
taken into trust, for class II gaming or class III | |
gaming (as those terms are defined in section 4 of the | |
Indian Gaming Regulatory Act (25 U.S.C. 2703)). | |
(B) Trust land for ceremonial use and | |
conservation.--With respect to the use of the land | |
taken into trust under paragraph (1) that is above the | |
5,200' elevation contour, the Tribe-- | |
(i) shall limit the use of the land to-- | |
(I) traditional and customary uses; | |
and | |
(II) stewardship conservation for | |
the benefit of the Tribe; and | |
(ii) shall not permit any-- | |
(I) permanent residential or | |
recreational development on the land; | |
or | |
(II) commercial use of the land, | |
including commercial development or | |
gaming. | |
(C) Trust land for commercial and residential | |
use.--With respect to the use of the land taken into | |
trust under paragraph (1), the Tribe shall limit the | |
use of the land below the 5,200' elevation to-- | |
(i) traditional and customary uses; | |
(ii) stewardship conservation for the | |
benefit of the Tribe; and | |
(iii)(I) residential or recreational | |
development; or | |
(II) commercial use. | |
(D) Thinning; landscape restoration.--With respect | |
to the land taken into trust under paragraph (1), the | |
Secretary of Agriculture, in consultation and | |
coordination with the Tribe, may carry out any thinning | |
and other landscape restoration activities on the land | |
that is beneficial to the Tribe and the Forest Service. | |
(i) Correction of Skunk Harbor Conveyance.-- | |
(1) Purpose.--The purpose of this subsection is to amend | |
Public Law 108-67 (117 Stat. 880) to make a technical | |
correction relating to the land conveyance authorized under | |
that Act. | |
(2) Technical correction.--Section 2 of Public Law 108-67 | |
(117 Stat. 880) is amended-- | |
(A) by striking ``Subject to'' and inserting the | |
following: | |
``(a) In General.--Subject to''; | |
(B) in subsection (a) (as designated by paragraph | |
(1)), by striking ``the parcel'' and all that follows | |
through the period at the end and inserting the | |
following: ``and to approximately 23 acres of land | |
identified as `Parcel A' on the map entitled `Skunk | |
Harbor Conveyance Correction' and dated September 12, | |
2008, the western boundary of which is the low water | |
line of Lake Tahoe at elevation 6,223.0' (Lake Tahoe | |
Datum).''; and | |
(C) by adding at the end the following: | |
``(b) Survey and Legal Description.-- | |
``(1) In general.--Not later than 180 days after the date | |
of enactment of this subsection, the Secretary of Agriculture | |
shall complete a survey and legal description of the boundary | |
lines to establish the boundaries of the trust land. | |
``(2) Technical corrections.--The Secretary may correct any | |
technical errors in the survey or legal description completed | |
under paragraph (1). | |
``(c) Public Access and Use.--Nothing in this Act prohibits any | |
approved general public access (through existing easements or by boat) | |
to, or use of, land remaining within the Lake Tahoe Basin Management | |
Unit after the conveyance of the land to the Secretary of the Interior, | |
in trust for the Tribe, under subsection (a), including access to, and | |
use of, the beach and shoreline areas adjacent to the portion of land | |
conveyed under that subsection.''. | |
(3) Date of trust status.--The trust land described in | |
section 2(a) of Public Law 108-67 (117 Stat. 880) shall be | |
considered to be taken into trust as of August 1, 2003. | |
(4) Transfer.--The Secretary of the Interior, acting on | |
behalf of and for the benefit of the Tribe, shall transfer to | |
the Secretary of Agriculture administrative jurisdiction over | |
the land identified as ``Parcel B'' on the map entitled ``Skunk | |
Harbor Conveyance Correction'' and dated September 12, 2008. | |
(j) Agreement With Forest Service.--The Secretary of Agriculture, | |
in consultation with the Tribe, shall develop and implement a | |
cooperative agreement that ensures regular access by members of the | |
Tribe and other people in the community of the Tribe across National | |
Forest System land from the City to Lake Tahoe for cultural and | |
religious purposes. | |
(k) Artifact Collection.-- | |
(1) Notice.--At least 180 days before conducting any ground | |
disturbing activities on the land identified as ``Parcel #2'' | |
on the Map, the City shall notify the Tribe of the proposed | |
activities to provide the Tribe with adequate time to inventory | |
and collect any artifacts in the affected area. | |
(2) Authorized activities.--On receipt of notice under | |
paragraph (1), the Tribe may collect and possess any artifacts | |
relating to the Tribe in the land identified as ``Parcel #2'' | |
on the Map. | |
(l) Authorization of Appropriations.--There are authorized to be | |
appropriated such sums as are necessary to carry out this section. | |
SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA CONVEYANCE. | |
(a) Definitions.--In this section: | |
(1) City.--The term ``City'' means the City of Henderson, | |
Nevada. | |
(2) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(3) State.--The term ``State'' means the State of Nevada. | |
(4) Transition area.--The term ``Transition Area'' means | |
the approximately 502 acres of Federal land located in | |
Henderson, Nevada, and identified as ``Limited Transition | |
Area'' on the map entitled ``Southern Nevada Limited Transition | |
Area Act'' and dated March 20, 2006. | |
(b) Southern Nevada Limited Transition Area.-- | |
(1) Conveyance.--Notwithstanding the Federal Land Policy | |
and Management Act of 1976 (43 U.S.C. 1701 et seq.), on request | |
of the City, the Secretary shall, without consideration and | |
subject to all valid existing rights, convey to the City all | |
right, title, and interest of the United States in and to the | |
Transition Area. | |
(2) Use of land for nonresidential development.-- | |
(A) In general.--After the conveyance to the City | |
under paragraph (1), the City may sell, lease, or | |
otherwise convey any portion or portions of the | |
Transition Area for purposes of nonresidential | |
development. | |
(B) Method of sale.-- | |
(i) In general.--The sale, lease, or | |
conveyance of land under subparagraph (A) shall | |
be through a competitive bidding process. | |
(ii) Fair market value.--Any land sold, | |
leased, or otherwise conveyed under | |
subparagraph (A) shall be for not less than | |
fair market value. | |
(C) Compliance with charter.--Except as provided in | |
subparagraphs (B) and (D), the City may sell, lease, or | |
otherwise convey parcels within the Transition Area | |
only in accordance with the procedures for conveyances | |
established in the City Charter. | |
(D) Disposition of proceeds.--The gross proceeds | |
from the sale of land under subparagraph (A) shall be | |
distributed in accordance with section 4(e) of the | |
Southern Nevada Public Land Management Act of 1998 (112 | |
Stat. 2345). | |
(3) Use of land for recreation or other public purposes.-- | |
The City may elect to retain parcels in the Transition Area for | |
public recreation or other public purposes consistent with the | |
Act of June 14, 1926 (commonly known as the ``Recreation and | |
Public Purposes Act'') (43 U.S.C. 869 et seq.) by providing to | |
the Secretary written notice of the election. | |
(4) Noise compatibility requirements.--The City shall-- | |
(A) plan and manage the Transition Area in | |
accordance with section 47504 of title 49, United | |
States Code (relating to airport noise compatibility | |
planning), and regulations promulgated in accordance | |
with that section; and | |
(B) agree that if any land in the Transition Area | |
is sold, leased, or otherwise conveyed by the City, the | |
sale, lease, or conveyance shall contain a limitation | |
to require uses compatible with that airport noise | |
compatibility planning. | |
(5) Reversion.-- | |
(A) In general.--If any parcel of land in the | |
Transition Area is not conveyed for nonresidential | |
development under this section or reserved for | |
recreation or other public purposes under paragraph (3) | |
by the date that is 20 years after the date of | |
enactment of this Act, the parcel of land shall, at the | |
discretion of the Secretary, revert to the United | |
States. | |
(B) Inconsistent use.--If the City uses any parcel | |
of land within the Transition Area in a manner that is | |
inconsistent with the uses specified in this | |
subsection-- | |
(i) at the discretion of the Secretary, the | |
parcel shall revert to the United States; or | |
(ii) if the Secretary does not make an | |
election under clause (i), the City shall sell | |
the parcel of land in accordance with this | |
subsection. | |
SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE. | |
(a) Definitions.--In this section: | |
(1) Alta-hualapai site.--The term ``Alta-Hualapai Site'' | |
means the approximately 80 acres of land that is-- | |
(A) patented to the City under the Act of June 14, | |
1926 (commonly known as the ``Recreation and Public | |
Purposes Act'') (43 U.S.C. 869 et seq.); and | |
(B) identified on the map as the ``Alta-Hualapai | |
Site''. | |
(2) City.--The term ``City'' means the city of Las Vegas, | |
Nevada. | |
(3) Institute.--The term ``Institute'' means the Nevada | |
Cancer Institute, a nonprofit organization described under | |
section 501(c)(3) of the Internal Revenue Code of 1986, the | |
principal place of business of which is at 10441 West Twain | |
Avenue, Las Vegas, Nevada. | |
(4) Map.--The term ``map'' means the map titled ``Nevada | |
Cancer Institute Expansion Act'' and dated July 17, 2006. | |
(5) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior, acting through the Director of the Bureau of | |
Land Management. | |
(6) Water district.--The term ``Water District'' means the | |
Las Vegas Valley Water District. | |
(b) Land Conveyance.-- | |
(1) Survey and legal description.--The City shall prepare a | |
survey and legal description of the Alta-Hualapai Site. The | |
survey shall conform to the Bureau of Land Management cadastral | |
survey standards and be subject to approval by the Secretary. | |
(2) Acceptance.--The Secretary may accept the | |
relinquishment by the City of all or part of the Alta-Hualapai | |
Site. | |
(3) Conveyance for use as nonprofit cancer institute.-- | |
After relinquishment of all or part of the Alta-Hualapai Site | |
to the Secretary, and not later than 180 days after request of | |
the Institute, the Secretary shall convey to the Institute, | |
subject to valid existing rights, the portion of the Alta- | |
Hualapai Site that is necessary for the development of a | |
nonprofit cancer institute. | |
(4) Additional conveyances.--Not later than 180 days after | |
a request from the City, the Secretary shall convey to the | |
City, subject to valid existing rights, any remaining portion | |
of the Alta-Hualapai Site necessary for ancillary medical or | |
nonprofit use compatible with the mission of the Institute. | |
(5) Applicable law.--Any conveyance by the City of any | |
portion of the land received under this section shall be for no | |
less than fair market value and the proceeds shall be | |
distributed in accordance with section 4(e)(1) of Public Law | |
105-263 (112 Stat. 2345). | |
(6) Transaction costs.--All land conveyed by the Secretary | |
under this section shall be at no cost, except that the | |
Secretary may require the recipient to bear any costs | |
associated with transfer of title or any necessary land | |
surveys. | |
(7) Report.--Not later than 180 days after the date of the | |
enactment of this Act, the Secretary shall submit to the | |
Committee on Natural Resources of the House of Representatives | |
and the Committee on Energy and Natural Resources of the Senate | |
a report on all transactions conducted under Public Law 105-263 | |
(112 Stat. 2345). | |
(c) Rights-of-Way.--Consistent with the Federal Land Policy and | |
Management Act of 1976 (43 U.S.C. 1701), the Secretary may grant | |
rights-of-way to the Water District on a portion of the Alta-Hualapai | |
Site for a flood control project and a water pumping facility. | |
(d) Reversion.--Any property conveyed pursuant to this section | |
which ceases to be used for the purposes specified in this section | |
shall, at the discretion of the Secretary, revert to the United States, | |
along with any improvements thereon or thereto. | |
SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH. | |
(a) Definitions.--In this section: | |
(1) Federal land.--The term ``Federal land'' means the | |
approximately 25 acres of Bureau of Land Management land | |
identified on the map as ``Lands to be conveyed to Turnabout | |
Ranch''. | |
(2) Map.--The term ``map'' means the map entitled | |
``Turnabout Ranch Conveyance'' dated May 12, 2006, and on file | |
in the office of the Director of the Bureau of Land Management. | |
(3) Monument.--The term ``Monument'' means the Grand | |
Staircase-Escalante National Monument located in southern Utah. | |
(4) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(5) Turnabout ranch.--The term ``Turnabout Ranch'' means | |
the Turnabout Ranch in Escalante, Utah, owned by Aspen | |
Education Group. | |
(b) Conveyance of Federal Land to Turnabout Ranch.-- | |
(1) In general.--Notwithstanding the land use planning | |
requirements of sections 202 and 203 of the Federal Land Policy | |
and Management Act of 1976 (43 U.S.C. 1712, 1713), if not later | |
than 30 days after completion of the appraisal required under | |
paragraph (2), Turnabout Ranch of Escalante, Utah, submits to | |
the Secretary an offer to acquire the Federal land for the | |
appraised value, the Secretary shall, not later 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. | |
(2) Description of land.--The parcels of land referred to | |
in paragraph (1) are-- | |
(A) the 120-acre parcel that is part of a tract of | |
public land acquired by the Boy Scouts under the Act of | |
June 14, 1926 (commonly known as the ``Recreation and | |
Public Purposes Act'') (43 U.S.C. 869 et seq.) for the | |
purpose of operating a camp, which is more particularly | |
described as the W 1/2 SE 1/4 and SE 1/4 SE 1/4 sec. | |
26, T. 35 S., R. 9 W., Salt Lake Base and Meridian; and | |
(B) the 2 parcels of private land owned by Brian | |
Head Resort that total 120 acres, which are more | |
particularly described as-- | |
(i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. | |
25, T. 35 S., R. 9 W., Salt Lake Base and | |
Meridian; and | |
(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 | |
W., Salt Lake Base Meridian. | |
(3) Conditions.--On conveyance to the Boy Scouts under | |
paragraph (1)(A), the parcels of land described in paragraph | |
(2)(B) shall be subject to the terms and conditions imposed on | |
the entire tract of land acquired by the Boy Scouts for a camp | |
under the Bureau of Land Management patent numbered 43-75-0010. | |
(4) Modification of patent.--On completion of the exchange | |
under paragraph (1)(A), the Secretary shall amend the original | |
Bureau of Land Management patent providing for the conveyance | |
to the Boy Scouts under the Act of June 14, 1926 (commonly | |
known as the ``Recreation and Public Purposes Act'') (43 U.S.C. | |
869 et seq.) numbered 43-75-0010 to take into account the | |
exchange under paragraph (1)(A). | |
SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE. | |
(a) Definitions.--In this section: | |
(1) Public land.--The term ``public land'' means the | |
approximately 622 acres of Federal land managed by the Bureau | |
of Land Management and identified for conveyance on the map | |
prepared by the Bureau of Land Management entitled ``Douglas | |
County Public Utility District Proposal'' and dated March 2, | |
2006. | |
(2) PUD.--The term ``PUD'' means the Public Utility | |
District No. 1 of Douglas County, Washington. | |
(3) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(4) Wells hydroelectric project.--The term ``Wells | |
Hydroelectric Project'' means Federal Energy Regulatory | |
Commission Project No. 2149. | |
(b) Conveyance of Public Land, Wells Hydroelectric Project, Public | |
Utility District No. 1 of Douglas County, Washington.-- | |
(1) Conveyance required.--Notwithstanding the land use | |
planning requirements of sections 202 and 203 of the Federal | |
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), | |
and notwithstanding section 24 of the Federal Power Act (16 | |
U.S.C. 818) and Federal Power Order for Project 2149, and | |
subject to valid existing rights, if not later than 45 days | |
after the date of completion of the appraisal required under | |
paragraph (2), the Public Utility District No. 1 of Douglas | |
County, Washington, submits to the Secretary an offer to | |
acquire the public land for the appraised value, the Secretary | |
shall convey, not later than 30 days after the date of the | |
offer, to the PUD all right, title, and interest of the United | |
States in and to the public land. | |
(2) Appraisal.--Not later than 60 days after the date of | |
enactment of this Act, the Secretary shall complete an | |
appraisal of the public land. The appraisal shall be conducted | |
in accordance with the ``Uniform Appraisal Standards for | |
Federal Land Acquisitions'' and the ``Uniform Standards of | |
Professional Appraisal Practice''. | |
(3) Payment.--Not later than 30 days after the date on | |
which the public land is conveyed under this subsection, the | |
PUD shall pay to the Secretary an amount equal to the appraised | |
value of the public land as determined under paragraph (2). | |
(4) Map and legal descriptions.--As soon as practicable | |
after the date of enactment of this Act, the Secretary shall | |
finalize legal descriptions of the public land to be conveyed | |
under this subsection. The Secretary may correct any minor | |
errors in the map referred to in subsection (a)(1) or in the | |
legal descriptions. The map and legal descriptions shall be on | |
file and available for public inspection in appropriate offices | |
of the Bureau of Land Management. | |
(5) Costs of conveyance.--As a condition of conveyance, any | |
costs related to the conveyance under this subsection shall be | |
paid by the PUD. | |
(6) Disposition of proceeds.--The Secretary shall deposit | |
the proceeds from the sale in the Federal Land Disposal Account | |
established by section 206 of the Federal Land Transaction | |
Facilitation Act (43 U.S.C. 2305) to be expended to improve | |
access to public lands administered by the Bureau of Land | |
Management in the State of Washington. | |
(c) Segregation of Lands.-- | |
(1) Withdrawal.--Except as provided in subsection (b)(1), | |
effective immediately upon enactment of this Act, and subject | |
to valid existing rights, the public land is withdrawn from-- | |
(A) all forms of entry, appropriation, or disposal | |
under the public land laws, and all amendments thereto; | |
(B) location, entry, and patenting under the mining | |
laws, and all amendments thereto; and | |
(C) operation of the mineral leasing, mineral | |
materials, and geothermal leasing laws, and all | |
amendments thereto. | |
(2) Duration.--This subsection expires two years after the | |
date of enactment of this Act or on the date of the completion | |
of the conveyance under subsection (b), whichever is earlier. | |
(d) Retained Authority.--The Secretary shall retain the authority | |
to place conditions on the license to insure adequate protection and | |
utilization of the public land granted to the Secretary in section 4(e) | |
of the Federal Power Act (16 U.S.C. 797(e)) until the Federal Energy | |
Regulatory Commission has issued a new license for the Wells | |
Hydroelectric Project, to replace the original license expiring May 31, | |
2012, consistent with section 15 of the Federal Power Act (16 U.S.C. | |
808). | |
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 | |
(B) cooperative conservation agreements in | |
existence on the date of the enactment of this Act. | |
(c) Description of Land.--The land referred to in subsections (a) | |
and (b) is the approximately 70 acres of land in the Sunrise Mountain | |
Instant Study Area of Clark County, Nevada, that is designated on the | |
map entitled ``Sunrise Mountain ISA Release Areas'' and dated September | |
6, 2008. | |
SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE. | |
(a) Conveyance of Land by the Bureau of Land Management to Park | |
City, Utah.-- | |
(1) Land transfer.--Notwithstanding the planning | |
requirements of sections 202 and 203 of the Federal Land Policy | |
and Management Act of 1976 (43 U.S.C. 1712, 1713), the | |
Secretary of the Interior shall convey, not later than 180 days | |
after the date of the enactment of this Act, to Park City, | |
Utah, all right, title, and interest of the United States in | |
and to two parcels of real property located in Park City, Utah, | |
that are currently under the management jurisdiction of the | |
Bureau of Land Management and designated as parcel 8 (commonly | |
known as the White Acre parcel) and parcel 16 (commonly known | |
as the Gambel Oak parcel). The conveyance shall be subject to | |
all valid existing rights. | |
(2) Deed restriction.--The conveyance of the lands under | |
paragraph (1) shall be made by a deed or deeds containing a | |
restriction requiring that the lands be maintained as open | |
space and used solely for public recreation purposes or other | |
purposes consistent with their maintenance as open space. This | |
restriction shall not be interpreted to prohibit the | |
construction or maintenance of recreational facilities, | |
utilities, or other structures that are consistent with the | |
maintenance of the lands as open space or its use for public | |
recreation purposes. | |
(3) Consideration.--In consideration for the transfer of | |
the land under paragraph (1), Park City shall pay to the | |
Secretary of the Interior an amount consistent with conveyances | |
to governmental entities for recreational purposes under the | |
Act of June 14, 1926 (commonly known as the Recreation and | |
Public Purposes Act; 43 U.S.C. 869 et seq.). | |
(b) Sale of Bureau of Land Management Land in Park City, Utah, at | |
Auction.-- | |
(1) Sale of land.--Not later than 180 days after the date | |
of the enactment of this Act, the Secretary of the Interior | |
shall offer for sale any right, title, or interest of the | |
United States in and to two parcels of real property located in | |
Park City, Utah, that are currently under the management | |
jurisdiction of the Bureau of Land Management and are | |
designated as parcels 17 and 18 in the Park City, Utah, area. | |
The sale of the land shall be carried out in accordance with | |
the Federal Land Policy and Management Act of 1976 (43 U.S.C. | |
1701) and other applicable law, other than the planning | |
provisions of sections 202 and 203 of such Act (43 U.S.C. 1712, | |
1713), and shall be subject to all valid existing rights. | |
(2) Method of sale.--The sale of the land under paragraph | |
(1) shall be consistent with subsections (d) and (f) of section | |
203 of the Federal Land Policy and Management Act of 1976 (43 | |
U.S.C. 1713) through a competitive bidding process and for not | |
less than fair market value. | |
(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 192, | |
and as further defined by Stipulation and Judgment entered by | |
Tuolumne County Superior Court on September 2, 1983, and | |
recorded June 4, 1984, in Volume 751, Pages 61 to 67. | |
(3) Assessor Parcel No. 620505300, 1.5 acres, trust land. | |
(4) Assessor Parcel No. 620505400, 19.23 acres, trust land. | |
(5) Assessor Parcel No. 620505600, 3.46 acres, trust land. | |
(6) Assessor Parcel No. 620505700, 7.44 acres, trust land. | |
(7) Assessor Parcel No. 620401700, 0.8 acres, trust land. | |
(8) A portion of Assessor Parcel No. 620500200, 2.5 acres, | |
trust land. | |
(9) Assessor Parcel No. 620506200, 24.87 acres, trust land. | |
(d) Survey.--As soon as practicable after the date of the enactment | |
of this Act, the Office of Cadastral Survey of the Bureau of Land | |
Management shall complete fieldwork required for a survey of the lands | |
described in subsections (b) and (c) for the purpose of incorporating | |
those lands within the boundaries of the Tuolumne Rancheria. Not later | |
than 90 days after that fieldwork is completed, that office shall | |
complete the survey. | |
(e) Legal Descriptions.-- | |
(1) Publication.--On approval by the Community Council of | |
the Tribe of the survey completed under subsection (d), the | |
Secretary of the Interior shall publish in the Federal | |
Register-- | |
(A) a legal description of the new boundary lines | |
of the Tuolumne Rancheria; and | |
(B) a legal description of the land surveyed under | |
subsection (d). | |
(2) Effect.--Beginning on the date on which the legal | |
descriptions are published under paragraph (1), such legal | |
descriptions shall be the official legal descriptions of those | |
boundary lines of the Tuolumne Rancheria and the lands | |
surveyed. | |
TITLE III--FOREST SERVICE AUTHORIZATIONS | |
Subtitle A--Watershed Restoration and Enhancement | |
SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS. | |
Section 323 of the Department of the Interior and Related Agencies | |
Appropriations Act, 1999 (16 U.S.C. 1011 note; Public Law 105-277), is | |
amended-- | |
(1) in subsection (a), by striking ``each of fiscal years | |
2006 through 2011'' and inserting ``fiscal year 2006 and each | |
fiscal year thereafter''; | |
(2) by redesignating subsection (d) as subsection (e); and | |
(3) by inserting after subsection (c) the following: | |
``(d) Applicable Law.--Chapter 63 of title 31, United States Code, | |
shall not apply to-- | |
``(1) a watershed restoration and enhancement agreement | |
entered into under this section; or | |
``(2) an agreement entered into under the first section of | |
Public Law 94-148 (16 U.S.C. 565a-1).''. | |
Subtitle B--Wildland Firefighter Safety | |
SEC. 3101. WILDLAND FIREFIGHTER SAFETY. | |
(a) Definitions.--In this section: | |
(1) Secretaries.--The term ``Secretaries'' means-- | |
(A) the Secretary of the Interior, acting through | |
the Directors of the Bureau of Land Management, the | |
United States Fish and Wildlife Service, the National | |
Park Service, and the Bureau of Indian Affairs; and | |
(B) the Secretary of Agriculture, acting through | |
the Chief of the Forest Service. | |
(2) Wildland firefighter.--The term ``wildland | |
firefighter'' means any person who participates in wildland | |
firefighting activities-- | |
(A) under the direction of either of the | |
Secretaries; or | |
(B) under a contract or compact with a federally | |
recognized Indian tribe. | |
(b) Annual Report to Congress.-- | |
(1) In general.--The Secretaries shall jointly submit to | |
Congress an annual report on the wildland firefighter safety | |
practices of the Secretaries, including training programs and | |
activities for wildland fire suppression, prescribed burning, | |
and wildland fire use, during the preceding calendar year. | |
(2) Timeline.--Each report under paragraph (1) shall-- | |
(A) be submitted by not later than March of the | |
year following the calendar year covered by the report; | |
and | |
(B) include-- | |
(i) a description of, and any changes to, | |
wildland firefighter safety practices, | |
including training programs and activities for | |
wildland fire suppression, prescribed burning, | |
and wildland fire use; | |
(ii) statistics and trend analyses; | |
(iii) an estimate of the amount of Federal | |
funds expended by the Secretaries on wildland | |
firefighter safety practices, including | |
training programs and activities for wildland | |
fire suppression, prescribed burning, and | |
wildland fire use; | |
(iv) progress made in implementing | |
recommendations from the Inspector General, the | |
Government Accountability Office, the | |
Occupational Safety and Health Administration, | |
or an agency report relating to a wildland | |
firefighting fatality issued during the | |
preceding 10 years; and | |
(v) a description of-- | |
(I) the provisions relating to | |
wildland firefighter safety practices | |
in any Federal contract or other | |
agreement governing the provision of | |
wildland firefighters by a non-Federal | |
entity; | |
(II) a summary of any actions taken | |
by the Secretaries to ensure that the | |
provisions relating to safety | |
practices, including training, are | |
complied with by the non-Federal | |
entity; and | |
(III) the results of those actions. | |
Subtitle C--Wyoming Range | |
SEC. 3201. DEFINITIONS. | |
In this subtitle: | |
(1) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(2) Wyoming range withdrawal area.--The term ``Wyoming | |
Range Withdrawal Area'' means all National Forest System land | |
and federally owned minerals located within the boundaries of | |
the Bridger-Teton National Forest identified on the map | |
entitled ``Wyoming Range Withdrawal Area'' and dated October | |
17, 2007, on file with the Office of the Chief of the Forest | |
Service and the Office of the Supervisor of the Bridger-Teton | |
National Forest. | |
SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE. | |
(a) Withdrawal.--Except as provided in subsection (f), subject to | |
valid existing rights as of the date of enactment of this Act and the | |
provisions of this subtitle, land in the Wyoming Range Withdrawal Area | |
is withdrawn from-- | |
(1) all forms of appropriation or disposal under the public | |
land laws; | |
(2) location, entry, and patent under the mining laws; and | |
(3) disposition under laws relating to mineral and | |
geothermal leasing. | |
(b) Existing Rights.--If any right referred to in subsection (a) is | |
relinquished or otherwise acquired by the United States (including | |
through donation under section 3203) after the date of enactment of | |
this Act, the land subject to that right shall be withdrawn in | |
accordance with this section. | |
(c) Buffers.--Nothing in this section requires-- | |
(1) the creation of a protective perimeter or buffer area | |
outside the boundaries of the Wyoming Range Withdrawal Area; or | |
(2) any prohibition on activities outside of the boundaries | |
of the Wyoming Range Withdrawal Area that can be seen or heard | |
from within the boundaries of the Wyoming Range Withdrawal | |
Area. | |
(d) Land and Resource Management Plan.-- | |
(1) In general.--Subject to paragraph (2), the Bridger- | |
Teton National Land and Resource Management Plan (including any | |
revisions to the Plan) shall apply to any land within the | |
Wyoming Range Withdrawal Area. | |
(2) Conflicts.--If there is a conflict between this | |
subtitle and the Bridger-Teton National Land and Resource | |
Management Plan, this subtitle shall apply. | |
(e) Prior Lease Sales.--Nothing in this section prohibits the | |
Secretary from taking any action necessary to issue, deny, remove the | |
suspension of, or cancel a lease, or any sold lease parcel that has not | |
been issued, pursuant to any lease sale conducted prior to the date of | |
enactment of this Act, including the completion of any requirements | |
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et | |
seq.). | |
(f) Exception.--Notwithstanding the withdrawal in subsection (a), | |
the Secretary may lease oil and gas resources in the Wyoming Range | |
Withdrawal Area that are within 1 mile of the boundary of the Wyoming | |
Range Withdrawal Area in accordance with the Mineral Leasing Act (30 | |
U.S.C. 181 et seq.) and subject to the following conditions: | |
(1) The lease may only be accessed by directional drilling | |
from a lease held by production on the date of enactment of | |
this Act on National Forest System land that is adjacent to, | |
and outside of, the Wyoming Range Withdrawal Area. | |
(2) The lease shall prohibit, without exception or waiver, | |
surface occupancy and surface disturbance for any activities, | |
including activities related to exploration, development, or | |
production. | |
(3) The directional drilling may extend no further than 1 | |
mile inside the boundary of the Wyoming Range Withdrawal Area. | |
SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EXISTING MINING OR | |
LEASING RIGHTS IN THE WYOMING RANGE. | |
(a) Notification of Leaseholders.--Not later than 120 days after | |
the date of enactment of this Act, the Secretary shall provide notice | |
to holders of valid existing mining or leasing rights within the | |
Wyoming Range Withdrawal Area of the potential opportunity for | |
repurchase of those rights and retirement under this section. | |
(b) Request for Lease Retirement.-- | |
(1) In general.--A holder of a valid existing mining or | |
leasing right within the Wyoming Range Withdrawal Area may | |
submit a written notice to the Secretary of the interest of the | |
holder in the retirement and repurchase of that right. | |
(2) List of interested holders.--The Secretary shall | |
prepare a list of interested holders and make the list | |
available to any non-Federal entity or person interested in | |
acquiring that right for retirement by the Secretary. | |
(c) Prohibition.--The Secretary may not use any Federal funds to | |
purchase any right referred to in subsection (a). | |
(d) Donation Authority.--The Secretary shall-- | |
(1) accept the donation of any valid existing mining or | |
leasing right in the Wyoming Range Withdrawal Area from the | |
holder of that right or from any non-Federal entity or person | |
that acquires that right; and | |
(2) on acceptance, cancel that right. | |
(e) Relationship to Other Authority.--Nothing in this subtitle | |
affects any authority the Secretary may otherwise have to modify, | |
suspend, or terminate a lease without compensation, or to recognize the | |
transfer of a valid existing mining or leasing right, if otherwise | |
authorized by law. | |
Subtitle D--Land Conveyances and Exchanges | |
SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, ALASKA. | |
(a) Definitions.--In this section: | |
(1) City.--The term ``City'' means the city of Coffman | |
Cove, Alaska. | |
(2) Secretary.--The term ``Secretary'' means the Secretary | |
of Agriculture. | |
(b) Conveyance.-- | |
(1) In general.--Subject to valid existing rights, the | |
Secretary shall convey to the City, without consideration and | |
by quitclaim deed all right, title, and interest of the United | |
States, except as provided in paragraphs (3) and (4), in and to | |
the parcel of National Forest System land described in | |
paragraph (2). | |
(2) Description of land.-- | |
(A) In general.--The parcel of National Forest | |
System land referred to in paragraph (1) is the | |
approximately 12 acres of land identified in U.S. | |
Survey 10099, as depicted on the plat entitled | |
``Subdivision of U.S. Survey No. 10099'' and recorded | |
as Plat 2003-1 on January 21, 2003, Petersburg | |
Recording District, Alaska. | |
(B) Excluded land.--The parcel of National Forest | |
System land conveyed under paragraph (1) does not | |
include the portion of U.S. Survey 10099 that is north | |
of the right-of-way for Forest Development Road 3030- | |
295 and southeast of Tract CC-8. | |
(3) Right-of-way.--The United States may reserve a right- | |
of-way to provide access to the National Forest System land | |
excluded from the conveyance to the City under paragraph | |
(2)(B). | |
(4) Reversion.--If any portion of the land conveyed under | |
paragraph (1) (other than a portion of land sold under | |
paragraph (5)) ceases to be used for public purposes, the land | |
shall, at the option of the Secretary, revert to the United | |
States. | |
(5) Conditions on subsequent conveyances.--If the City | |
sells any portion of the land conveyed to the City under | |
paragraph (1)-- | |
(A) the amount of consideration for the sale shall | |
reflect fair market value, as determined by an | |
appraisal; and | |
(B) the City shall pay to the Secretary an amount | |
equal to the gross proceeds of the sale, which shall be | |
available, without further appropriation, for the | |
Tongass National Forest. | |
SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST LAND CONVEYANCE, | |
MONTANA. | |
(a) Definitions.--In this section: | |
(1) County.--The term ``County'' means Jefferson County, | |
Montana. | |
(2) Map.--The term ``map'' means the map that is-- | |
(A) entitled ``Elkhorn Cemetery''; | |
(B) dated May 9, 2005; and | |
(C) on file in the office of the Beaverhead- | |
Deerlodge National Forest Supervisor. | |
(3) Secretary.--The term ``Secretary'' means the Secretary | |
of Agriculture. | |
(b) Conveyance to Jefferson County, Montana.-- | |
(1) Conveyance.--Not later than 180 days after the date of | |
enactment of this Act and subject to valid existing rights, the | |
Secretary (acting through the Regional Forester, Northern | |
Region, Missoula, Montana) shall convey by quitclaim deed to | |
the County for no consideration, all right, title, and interest | |
of the United States, except as provided in paragraph (5), in | |
and to the parcel of land described in paragraph (2). | |
(2) Description of land.--The parcel of land referred to in | |
paragraph (1) is the parcel of approximately 9.67 acres of | |
National Forest System land (including any improvements to the | |
land) in the County that is known as the ``Elkhorn Cemetery'', | |
as generally depicted on the map. | |
(3) Use of land.--As a condition of the conveyance under | |
paragraph (1), the County shall-- | |
(A) use the land described in paragraph (2) as a | |
County cemetery; and | |
(B) agree to manage the cemetery with due | |
consideration and protection for the historic and | |
cultural values of the cemetery, under such terms and | |
conditions as are agreed to by the Secretary and the | |
County. | |
(4) Easement.--In conveying the land to the County under | |
paragraph (1), the Secretary, in accordance with applicable | |
law, shall grant to the County an easement across certain | |
National Forest System land, as generally depicted on the map, | |
to provide access to the land conveyed under that paragraph. | |
(5) Reversion.--In the quitclaim deed to the County, the | |
Secretary shall provide that the land conveyed to the County | |
under paragraph (1) shall revert to the Secretary, at the | |
election of the Secretary, if the land is-- | |
(A) used for a purpose other than the purposes | |
described in paragraph (3)(A); or | |
(B) managed by the County in a manner that is | |
inconsistent with paragraph (3)(B). | |
SEC. 3303. SANTA FE NATIONAL FOREST; PECOS NATIONAL HISTORICAL PARK | |
LAND EXCHANGE. | |
(a) Definitions.--In this section: | |
(1) Federal land.--The term ``Federal land'' means the | |
approximately 160 acres of Federal land within the Santa Fe | |
National Forest in the State, as depicted on the map. | |
(2) Landowner.--The term ``landowner'' means the 1 or more | |
owners of the non-Federal land. | |
(3) Map.--The term ``map'' means the map entitled | |
``Proposed Land Exchange for Pecos National Historical Park'', | |
numbered 430/80,054, dated November 19, 1999, and revised | |
September 18, 2000. | |
(4) Non-federal land.--The term ``non-Federal land'' means | |
the approximately 154 acres of non-Federal land in the Park, as | |
depicted on the map. | |
(5) Park.--The term ``Park'' means the Pecos National | |
Historical Park in the State. | |
(6) Secretaries.--The term ``Secretaries'' means the | |
Secretary of the Interior and the Secretary of Agriculture, | |
acting jointly. | |
(7) State.--The term ``State'' means the State of New | |
Mexico. | |
(b) Land Exchange.-- | |
(1) In general.--If the Secretary of the Interior accepts | |
the non-Federal land, title to which is acceptable to the | |
Secretary of the Interior, the Secretary of Agriculture shall, | |
subject 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 | |
(II) be available for expenditure, | |
without further appropriation, for the | |
acquisition of land and interests in | |
land in the State. | |
(4) Costs.--Before the completion of the exchange under | |
this subsection, the Secretaries and the landowner shall enter | |
into an agreement that allocates the costs of the exchange | |
among the Secretaries and the landowner. | |
(5) Applicable law.--Except as otherwise provided in this | |
section, the exchange of land and interests in land under this | |
section shall be in accordance with-- | |
(A) section 206 of the Federal Land Policy and | |
Management Act of 1976 (43 U.S.C. 1716); and | |
(B) other applicable Federal, State, and local | |
laws. | |
(6) Additional terms and conditions.--The Secretaries may | |
require, in addition to any requirements under this section, | |
such terms and conditions relating to the exchange of Federal | |
land and non-Federal land and the granting of easements under | |
this section as the Secretaries determine to be appropriate to | |
protect the interests of the United States. | |
(7) Completion of the exchange.-- | |
(A) In general.--The exchange of Federal land and | |
non-Federal land shall be completed not later than 180 | |
days after the later of-- | |
(i) the date on which the requirements of | |
the National Environmental Policy Act of 1969 | |
(42 U.S.C. 4321 et seq.) have been met; | |
(ii) the date on which the Secretary of the | |
Interior approves the appraisals under | |
paragraph (3)(B)(iii); or | |
(iii) the date on which the Secretaries and | |
the landowner agree on the costs of the | |
exchange and any other terms and conditions of | |
the exchange under this subsection. | |
(B) Notice.--The Secretaries shall submit to the | |
Committee on Energy and Natural Resources of the Senate | |
and the Committee on Resources of the House of | |
Representatives notice of the completion of the | |
exchange of Federal land and non-Federal land under | |
this subsection. | |
(c) Administration.-- | |
(1) In general.--The Secretary of the Interior shall | |
administer the non-Federal land acquired under this section in | |
accordance with the laws generally applicable to units of the | |
National Park System, including the Act of August 25, 1916 | |
(commonly known as the ``National Park Service Organic Act'') | |
(16 U.S.C. 1 et seq.). | |
(2) Maps.-- | |
(A) In general.--The map shall be on file and | |
available for public inspection in the appropriate | |
offices of the Secretaries. | |
(B) Transmittal of revised map to congress.--Not | |
later than 180 days after completion of the exchange, | |
the Secretaries shall transmit to the Committee on | |
Energy and Natural Resources of the Senate and the | |
Committee on Resources of the House of Representatives | |
a revised map that depicts-- | |
(i) the Federal land and non-Federal land | |
exchanged under this section; and | |
(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 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.-- | |
(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 | |
ensure that an easement not less than 60 feet in width is | |
reserved for the Bonneville Shoreline Trail. | |
(2) Other rights-of-way.--The Secretary and the City may | |
reserve any other rights-of-way for utilities, roads, and | |
trails that-- | |
(A) are mutually agreed to by the Secretary and the | |
City; and | |
(B) the Secretary and the City consider to be in | |
the public interest. | |
(i) Disposal of Remaining Federal Land.-- | |
(1) In general.--The Secretary may, by sale or exchange, | |
dispose of all, or a portion of, the parcel of National Forest | |
System land comprising approximately 220 acres, as generally | |
depicted on the map that remains after the conveyance of the | |
Federal land authorized under subsection (b), if the Secretary | |
determines, in accordance with paragraph (2), that the land or | |
portion of the land is in excess of the needs of the National | |
Forest System. | |
(2) Requirements.--A determination under paragraph (1) | |
shall be made-- | |
(A) pursuant to an amendment of the land and | |
resource management plan for the Wasatch-Cache National | |
Forest; and | |
(B) after carrying out a public process consistent | |
with the National Environmental Policy Act of 1969 (42 | |
U.S.C. 4321 et seq.). | |
(3) Consideration.--As consideration for any conveyance of | |
Federal land under paragraph (1), the Secretary shall require | |
payment of an amount equal to not less than the fair market | |
value of the conveyed National Forest System land. | |
(4) Relation to other laws.--Any conveyance of Federal land | |
under paragraph (1) by exchange shall be subject to section 206 | |
of the Federal Land Policy and Management Act of 1976 (43 | |
U.S.C. 1716). | |
(5) Disposition of proceeds.--Any amounts received by the | |
Secretary as consideration under subsection (d) or paragraph | |
(3) shall be-- | |
(A) deposited in the fund established under Public | |
Law 90-171 (commonly known as the ``Sisk Act'') (16 | |
U.S.C. 484a); and | |
(B) available to the Secretary, without further | |
appropriation and until expended, for the acquisition | |
of land or interests in land to be included in the | |
Wasatch-Cache National Forest. | |
(6) Additional terms and conditions.--Any conveyance of | |
Federal land under paragraph (1) shall be subject to-- | |
(A) valid existing rights; and | |
(B) such additional terms and conditions as the | |
Secretary may require. | |
SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH RIVER OF NO RETURN | |
WILDERNESS. | |
(a) Purposes.--The purposes of this section are-- | |
(1) to adjust the boundaries of the wilderness area; and | |
(2) to authorize the Secretary to sell the land designated | |
for removal from the wilderness area due to encroachment. | |
(b) Definitions.--In this section: | |
(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; | |
(B) the person buying the land shall pay-- | |
(i) the costs associated with appraising | |
and, if the land needs to be resurveyed, | |
resurveying the land; and | |
(ii) any analyses and closing costs | |
associated with the conveyance; | |
(C) for management purposes, the Secretary may | |
reconfigure the description of the land for sale; and | |
(D) the owner of the adjacent private land shall | |
have the first opportunity to buy the land. | |
(3) Disposition of proceeds.-- | |
(A) In general.--The Secretary shall deposit the | |
cash proceeds from a sale of land under paragraph (1) | |
in the fund established under Public Law 90-171 | |
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a). | |
(B) Availability and use.--Amounts deposited under | |
subparagraph (A)-- | |
(i) shall remain available until expended | |
for the acquisition of land for National Forest | |
purposes in the State of Idaho; and | |
(ii) shall not be subject to transfer or | |
reprogramming for-- | |
(I) wildland fire management; or | |
(II) any other emergency purposes. | |
SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMENDMENT. | |
Section 413(b) of the T'uf Shur Bien Preservation Trust Area Act | |
(16 U.S.C. 539m-11) is amended-- | |
(1) in paragraph (1), by inserting ``3,'' after | |
``sections''; and | |
(2) in the first sentence of paragraph (4), by inserting | |
``, as a condition of the conveyance,'' before ``remain''. | |
Subtitle E--Colorado Northern Front Range Study | |
SEC. 3401. PURPOSE. | |
The purpose of this subtitle is to identify options that may be | |
available to assist in maintaining the open space characteristics of | |
land that is part of the mountain backdrop of communities in the | |
northern section of the Front Range area of Colorado. | |
SEC. 3402. DEFINITIONS. | |
In this subtitle: | |
(1) Secretary.--The term ``Secretary'' means the Secretary | |
of Agriculture, acting through the Chief of the Forest Service. | |
(2) State.--The term ``State'' means the State of Colorado. | |
(3) Study area.-- | |
(A) In general.--The term ``study area'' means the | |
land in southern Boulder, northern Jefferson, and | |
northern Gilpin Counties, Colorado, that is located | |
west of Colorado State Highway 93, south and east of | |
Colorado State Highway 119, and north of Colorado State | |
Highway 46, as generally depicted on the map entitled | |
``Colorado Northern Front Range Mountain Backdrop | |
Protection Study Act: Study Area'' and dated August 27, | |
2008. | |
(B) Exclusions.--The term ``study area'' does not | |
include land within the city limits of the cities of | |
Arvada, Boulder, or Golden, Colorado. | |
(4) Undeveloped land.--The term ``undeveloped land'' means | |
land-- | |
(A) that is located within the study area; | |
(B) that is free or primarily free of structures; | |
and | |
(C) the development of which is likely to affect | |
adversely the scenic, wildlife, or recreational value | |
of the study area. | |
SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP STUDY. | |
(a) Study; Report.--Not later than 1 year after the date of | |
enactment of this Act and except as provided in subsection (c), the | |
Secretary shall-- | |
(1) conduct a study of the land within the study area; and | |
(2) complete a report that-- | |
(A) identifies the present ownership of the land | |
within the study area; | |
(B) identifies any undeveloped land that may be at | |
risk of development; and | |
(C) describes any actions that could be taken by | |
the United States, the State, a political subdivision | |
of the State, or any other parties to preserve the open | |
and undeveloped character of the land within the study | |
area. | |
(b) Requirements.--The Secretary shall conduct the study and | |
develop the report under subsection (a) with the support and | |
participation of 1 or more of the following State and local entities: | |
(1) The Colorado Department of Natural Resources. | |
(2) Colorado State Forest Service. | |
(3) Colorado State Conservation Board. | |
(4) Great Outdoors Colorado. | |
(5) Boulder, Jefferson, and Gilpin Counties, Colorado. | |
(c) Limitation.--If the State and local entities specified in | |
subsection (b) do not support and participate in the conduct of the | |
study and the development of the report under this section, the | |
Secretary may-- | |
(1) decrease the area covered by the study area, as | |
appropriate; or | |
(2)(A) opt not to conduct the study or develop the report; | |
and | |
(B) submit to the Committee on Energy and Natural Resources | |
of the Senate and the Committee on Natural Resources of the | |
House of Representatives notice of the decision not to conduct | |
the study or develop the report. | |
(d) Effect.--Nothing in this subtitle authorizes the Secretary to | |
take any action that would affect the use of any land not owned by the | |
United States. | |
TITLE IV--FOREST LANDSCAPE RESTORATION | |
SEC. 4001. PURPOSE. | |
The purpose of this title is to encourage the collaborative, | |
science-based ecosystem restoration of priority forest landscapes | |
through a process that-- | |
(1) encourages ecological, economic, and social | |
sustainability; | |
(2) leverages local resources with national and private | |
resources; | |
(3) facilitates the reduction of wildfire management costs, | |
including through reestablishing natural fire regimes and | |
reducing the risk of uncharacteristic wildfire; and | |
(4) demonstrates the degree to which-- | |
(A) various ecological restoration techniques-- | |
(i) achieve ecological and watershed health | |
objectives; and | |
(ii) affect wildfire activity and | |
management costs; and | |
(B) the use of forest restoration byproducts can | |
offset treatment costs while benefitting local rural | |
economies and improving forest health. | |
SEC. 4002. DEFINITIONS. | |
In this title: | |
(1) Fund.--The term ``Fund'' means the Collaborative Forest | |
Landscape Restoration Fund established by section 4003(f). | |
(2) Program.--The term ``program'' means the Collaborative | |
Forest Landscape Restoration Program established under section | |
4003(a). | |
(3) Proposal.--The term ``proposal'' means a collaborative | |
forest landscape restoration proposal described in section | |
4003(b). | |
(4) Secretary.--The term ``Secretary'' means the Secretary | |
of Agriculture, acting through the Chief of the Forest Service. | |
(5) Strategy.--The term ``strategy'' means a landscape | |
restoration strategy described in section 4003(b)(1). | |
SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM. | |
(a) In General.--The Secretary, in consultation with the Secretary | |
of the Interior, shall establish a Collaborative Forest Landscape | |
Restoration Program to select and fund ecological restoration | |
treatments for priority forest landscapes in accordance with-- | |
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et | |
seq.); | |
(2) the National Environmental Policy Act of 1969 (42 | |
U.S.C. 4321 et seq.); and | |
(3) any other applicable law. | |
(b) Eligibility Criteria.--To be eligible for nomination under | |
subsection (c), a collaborative forest landscape restoration proposal | |
shall-- | |
(1) be based on a landscape restoration strategy that-- | |
(A) is complete or substantially complete; | |
(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; | |
(E) maintain, decommission, and rehabilitate roads | |
and trails; | |
(F) use woody biomass and small-diameter trees | |
produced from projects implementing the strategy; | |
(G) report annually on performance, including | |
through performance measures from the plan entitled the | |
``10 Year Comprehensive Strategy Implementation Plan'' | |
and dated December 2006; and | |
(H) take into account any applicable community | |
wildfire protection plan; | |
(4) analyze any anticipated cost savings, including those | |
resulting from-- | |
(A) reduced wildfire management costs; and | |
(B) a decrease in the unit costs of implementing | |
ecological restoration treatments over time; | |
(5) estimate-- | |
(A) the annual Federal funding necessary to | |
implement the proposal; and | |
(B) the amount of new non-Federal investment for | |
carrying out the proposal that would be leveraged; | |
(6) describe the collaborative process through which the | |
proposal was developed, including a description of-- | |
(A) participation by or consultation with State, | |
local, and Tribal governments; and | |
(B) any established record of successful | |
collaborative planning and implementation of ecological | |
restoration projects on National Forest System land and | |
other land included in the proposal by the | |
collaborators; and | |
(7) benefit local economies by providing local employment | |
or training opportunities through contracts, grants, or | |
agreements for restoration planning, design, implementation, or | |
monitoring with-- | |
(A) local private, nonprofit, or cooperative | |
entities; | |
(B) Youth Conservation Corps crews or related | |
partnerships, with State, local, and non-profit youth | |
groups; | |
(C) existing or proposed small or micro-businesses, | |
clusters, or incubators; or | |
(D) other entities that will hire or train local | |
people to complete such contracts, grants, or | |
agreements; and | |
(8) be subject to any other requirements that the | |
Secretary, in consultation with the Secretary of the Interior, | |
determines to be necessary for the efficient and effective | |
administration of the program. | |
(c) Nomination Process.-- | |
(1) Submission.--A proposal shall be submitted to-- | |
(A) the appropriate Regional Forester; and | |
(B) if actions under the jurisdiction of the | |
Secretary of the Interior are proposed, the | |
appropriate-- | |
(i) State Director of the Bureau of Land | |
Management; | |
(ii) Regional Director of the Bureau of | |
Indian Affairs; or | |
(iii) other official of the Department of | |
the Interior. | |
(2) Nomination.-- | |
(A) In general.--A Regional Forester may nominate | |
for selection by the Secretary any proposals that meet | |
the eligibility criteria established by subsection (b). | |
(B) Concurrence.--Any proposal nominated by the | |
Regional Forester that proposes actions under the | |
jurisdiction of the Secretary of the Interior shall | |
include the concurrence of the appropriate-- | |
(i) State Director of the Bureau of Land | |
Management; | |
(ii) Regional Director of the Bureau of | |
Indian Affairs; or | |
(iii) other official of the Department of | |
the Interior. | |
(3) Documentation.--With respect to each proposal that is | |
nominated under paragraph (2)-- | |
(A) the appropriate Regional Forester shall-- | |
(i) include a plan to use Federal funds | |
allocated to the region to fund those costs of | |
planning and carrying out ecological | |
restoration treatments on National Forest | |
System land, consistent with the strategy, that | |
would not be covered by amounts transferred to | |
the Secretary from the Fund; and | |
(ii) provide evidence that amounts proposed | |
to be transferred to the Secretary from the | |
Fund during the first 2 fiscal years following | |
selection would be used to carry out ecological | |
restoration treatments consistent with the | |
strategy during the same fiscal year in which | |
the funds are transferred to the Secretary; | |
(B) if actions under the jurisdiction of the | |
Secretary of the Interior are proposed, the nomination | |
shall include a plan to fund such actions, consistent | |
with the strategy, by the appropriate-- | |
(i) State Director of the Bureau of Land | |
Management; | |
(ii) Regional Director of the Bureau of | |
Indian Affairs; or | |
(iii) other official of the Department of | |
the Interior; and | |
(C) if actions on land not under the jurisdiction | |
of the Secretary or the Secretary of the Interior are | |
proposed, the appropriate Regional Forester shall | |
provide evidence that the landowner intends to | |
participate in, and provide appropriate funding to | |
carry out, the actions. | |
(d) Selection Process.-- | |
(1) In general.--After consulting with the advisory panel | |
established under subsection (e), the Secretary, in | |
consultation with the Secretary of the Interior, shall, subject | |
to paragraph (2), select the best proposals that-- | |
(A) have been nominated under subsection (c)(2); | |
and | |
(B) meet the eligibility criteria established by | |
subsection (b). | |
(2) Criteria.--In selecting proposals under paragraph (1), | |
the Secretary shall give special consideration to-- | |
(A) the strength of the proposal and strategy; | |
(B) the strength of the ecological case of the | |
proposal and the proposed ecological restoration | |
strategies; | |
(C) the strength of the collaborative process and | |
the likelihood of successful collaboration throughout | |
implementation; | |
(D) whether the proposal is likely to achieve | |
reductions in long-term wildfire management costs; | |
(E) whether the proposal would reduce the relative | |
costs of carrying out ecological restoration treatments | |
as a result of the use of woody biomass and small- | |
diameter trees; and | |
(F) whether an appropriate level of non-Federal | |
investment would be leveraged in carrying out the | |
proposal. | |
(3) Limitation.--The Secretary may select not more than-- | |
(A) 10 proposals to be funded during any fiscal | |
year; | |
(B) 2 proposals in any 1 region of the National | |
Forest System to be funded during any fiscal year; and | |
(C) the number of proposals that the Secretary | |
determines are likely to receive adequate funding. | |
(e) Advisory Panel.-- | |
(1) In general.--The Secretary shall establish and maintain | |
an advisory panel comprised of not more than 15 members to | |
evaluate, and provide recommendations on, each proposal that | |
has been nominated under subsection (c)(2). | |
(2) Representation.--The Secretary shall ensure that the | |
membership of the advisory panel is fairly balanced in terms of | |
the points of view represented and the functions to be | |
performed by the advisory panel. | |
(3) Inclusion.--The advisory panel shall include experts in | |
ecological restoration, fire ecology, fire management, rural | |
economic development, strategies for ecological adaptation to | |
climate change, fish and wildlife ecology, and woody biomass | |
and small-diameter tree utilization. | |
(f) Collaborative Forest Landscape Restoration Fund.-- | |
(1) Establishment.--There is established in the Treasury of | |
the United States a fund, to be known as the ``Collaborative | |
Forest Landscape Restoration Fund'', to be used to pay up to 50 | |
percent of the cost of carrying out and monitoring ecological | |
restoration treatments on National Forest System land for each | |
proposal selected to be carried out under subsection (d). | |
(2) Inclusion.--The cost of carrying out ecological | |
restoration treatments as provided in paragraph (1) may, as the | |
Secretary determines to be appropriate, include cancellation | |
and termination costs required to be obligated for contracts to | |
carry out ecological restoration treatments on National Forest | |
System land for each proposal selected to be carried out under | |
subsection (d). | |
(3) Contents.--The Fund shall consist of such amounts as | |
are appropriated to the Fund under paragraph (6). | |
(4) Expenditures from fund.-- | |
(A) In general.--On request by the Secretary, the | |
Secretary of the Treasury shall transfer from the Fund | |
to the Secretary such amounts as the Secretary | |
determines are appropriate, in accordance with | |
paragraph (1). | |
(B) Limitation.--The Secretary shall not expend | |
money from the Fund on any 1 proposal-- | |
(i) during a period of more than 10 fiscal | |
years; or | |
(ii) in excess of $4,000,000 in any 1 | |
fiscal year. | |
(5) Accounting and reporting system.--The Secretary shall | |
establish an accounting and reporting system for the Fund. | |
(6) Authorization of appropriations.--There is authorized | |
to be appropriated to the Fund $40,000,000 for each of fiscal | |
years 2009 through 2019, to remain available until expended. | |
(g) Program Implementation and Monitoring.-- | |
(1) Work plan.--Not later than 180 days after the date on | |
which a proposal is selected to be carried out, the Secretary | |
shall create, in collaboration with the interested persons, an | |
implementation work plan and budget to implement the proposal | |
that includes-- | |
(A) a description of the manner in which the | |
proposal would be implemented to achieve ecological and | |
community economic benefit, including capacity building | |
to accomplish restoration; | |
(B) a business plan that addresses-- | |
(i) the anticipated unit treatment cost | |
reductions over 10 years; | |
(ii) the anticipated costs for | |
infrastructure needed for the proposal; | |
(iii) the projected sustainability of the | |
supply of woody biomass and small-diameter | |
trees removed in ecological restoration | |
treatments; and | |
(iv) the projected local economic benefits | |
of the proposal; | |
(C) documentation of the non-Federal investment in | |
the priority landscape, including the sources and uses | |
of the investments; and | |
(D) a plan to decommission any temporary roads | |
established to carry out the proposal. | |
(2) Project implementation.--Amounts transferred to the | |
Secretary from the Fund shall be used to carry out ecological | |
restoration treatments that are-- | |
(A) consistent with the proposal and strategy; and | |
(B) identified through the collaborative process | |
described in subsection (b)(2). | |
(3) Annual report.--The Secretary, in collaboration with | |
the Secretary of the Interior and interested persons, shall | |
prepare an annual report on the accomplishments of each | |
selected proposal that includes-- | |
(A) a description of all acres (or other | |
appropriate unit) treated and restored through projects | |
implementing the strategy; | |
(B) an evaluation of progress, including | |
performance measures and how prior year evaluations | |
have contributed to improved project performance; | |
(C) a description of community benefits achieved, | |
including any local economic benefits; | |
(D) the results of the multiparty monitoring, | |
evaluation, and accountability process under paragraph | |
(4); and | |
(E) a summary of the costs of-- | |
(i) treatments; and | |
(ii) relevant fire management activities. | |
(4) Multiparty monitoring.--The Secretary shall, in | |
collaboration with the Secretary of the Interior and interested | |
persons, use a multiparty monitoring, evaluation, and | |
accountability process to assess the positive or negative | |
ecological, social, and economic effects of projects | |
implementing a selected proposal for not less than 15 years | |
after project implementation commences. | |
(h) Report.--Not later than 5 years after the first fiscal year in | |
which funding is made available to carry out ecological restoration | |
projects under the program, and every 5 years thereafter, the | |
Secretary, in consultation with the Secretary of the Interior, shall | |
submit a report on the program, including an assessment of whether, and | |
to what extent, the program is fulfilling the purposes of this title, | |
to-- | |
(1) the Committee on Energy and Natural Resources of the | |
Senate; | |
(2) the Committee on Appropriations of the Senate; | |
(3) the Committee on Natural Resources of the House of | |
Representatives; and | |
(4) the Committee on Appropriations of the House of | |
Representatives. | |
SEC. 4004. AUTHORIZATION OF APPROPRIATIONS. | |
There are authorized to be appropriated to the Secretary and the | |
Secretary of the Interior such sums as are necessary to carry out this | |
title. | |
TITLE V--RIVERS AND TRAILS | |
Subtitle A--Additions to the National Wild and Scenic Rivers System | |
SEC. 5001. FOSSIL CREEK, ARIZONA. | |
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) | |
(as amended by section 1852) is amended by adding at the end the | |
following: | |
``(205) Fossil creek, arizona.--Approximately 16.8 miles of | |
Fossil Creek from the confluence of Sand Rock and Calf Pen | |
Canyons to the confluence with the Verde River, to be | |
administered by the Secretary of Agriculture in the following | |
classes: | |
``(A) The approximately 2.7-mile segment from the | |
confluence of Sand Rock and Calf Pen Canyons to the | |
point where the segment exits the Fossil Spring | |
Wilderness, as a wild river. | |
``(B) The approximately 7.5-mile segment from where | |
the segment exits the Fossil Creek Wilderness to the | |
boundary of the Mazatzal Wilderness, as a recreational | |
river. | |
``(C) The 6.6-mile segment from the boundary of the | |
Mazatzal Wilderness downstream to the confluence with | |
the Verde River, as a wild river.''. | |
SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING. | |
(a) Short Title.--This section may be cited as the ``Craig Thomas | |
Snake Headwaters Legacy Act of 2008''. | |
(b) Findings; Purposes.-- | |
(1) Findings.--Congress finds that-- | |
(A) the headwaters of the Snake River System in | |
northwest Wyoming feature some of the cleanest sources | |
of freshwater, healthiest native trout fisheries, and | |
most intact rivers and streams in the lower 48 States; | |
(B) the rivers and streams of the headwaters of the | |
Snake River System-- | |
(i) provide unparalleled fishing, hunting, | |
boating, and other recreational activities | |
for-- | |
(I) local residents; and | |
(II) millions of visitors from | |
around the world; and | |
(ii) are national treasures; | |
(C) each year, recreational activities on the | |
rivers and streams of the headwaters of the Snake River | |
System generate millions of dollars for the economies | |
of-- | |
(i) Teton County, Wyoming; and | |
(ii) Lincoln County, Wyoming; | |
(D) to ensure that future generations of citizens | |
of the United States enjoy the benefits of the rivers | |
and streams of the headwaters of the Snake River | |
System, Congress should apply the protections provided | |
by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et | |
seq.) to those rivers and streams; and | |
(E) the designation of the rivers and streams of | |
the headwaters of the Snake River System under the Wild | |
and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will | |
signify to the citizens of the United States the | |
importance of maintaining the outstanding and | |
remarkable qualities of the Snake River System while-- | |
(i) preserving public access to those | |
rivers and streams; | |
(ii) respecting private property rights | |
(including existing water rights); and | |
(iii) continuing to allow historic uses of | |
the rivers and streams. | |
(2) Purposes.--The purposes of this section are-- | |
(A) to protect for current and future generations | |
of citizens of the United States the outstandingly | |
remarkable scenic, natural, wildlife, fishery, | |
recreational, scientific, historic, and ecological | |
values of the rivers and streams of the headwaters of | |
the Snake River System, while continuing to deliver | |
water and operate and maintain valuable irrigation | |
water infrastructure; and | |
(B) to designate approximately 387.7 miles of the | |
rivers and streams of the headwaters of the Snake River | |
System as additions to the National Wild and Scenic | |
Rivers System. | |
(c) Definitions.--In this section: | |
(1) Secretary concerned.--The term ``Secretary concerned'' | |
means-- | |
(A) the Secretary of Agriculture (acting through | |
the Chief of the Forest Service), with respect to each | |
river segment described in paragraph (205) of section | |
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. | |
1274(a)) (as added by subsection (d)) that is not | |
located in-- | |
(i) Grand Teton National Park; | |
(ii) Yellowstone National Park; | |
(iii) the John D. Rockefeller, Jr. Memorial | |
Parkway; or | |
(iv) the National Elk Refuge; and | |
(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 | |
``(iii) the 3.3-mile segment flowing across | |
the southern boundary of Grand Teton National | |
Park to the Highlands Drive Loop Bridge, as a | |
scenic river. | |
``(G) Hoback river.--The 10-mile segment from the | |
point 10 miles upstream from its confluence with the | |
Snake River to its confluence with the Snake River, as | |
a recreational river. | |
``(H) Lewis river.--The portions of the Lewis | |
River, consisting of-- | |
``(i) the 5-mile segment from Shoshone Lake | |
to Lewis Lake, as a wild river; and | |
``(ii) the 12-mile segment from the outlet | |
of Lewis Lake to its confluence with the Snake | |
River, as a scenic river. | |
``(I) Pacific creek.--The portions of Pacific | |
Creek, consisting of-- | |
``(i) the 22.5-mile segment from its source | |
to the Teton Wilderness boundary, as a wild | |
river; and | |
``(ii) the 11-mile segment from the | |
Wilderness boundary to its confluence with the | |
Snake River, as a scenic river. | |
``(J) Shoal creek.--The 8-mile segment from its | |
source to the point 8 miles downstream from its source, | |
as a wild river. | |
``(K) Snake river.--The portions of the Snake | |
River, consisting of-- | |
``(i) the 47-mile segment from its source | |
to Jackson Lake, as a wild river; | |
``(ii) the 24.8-mile segment from 1 mile | |
downstream of Jackson Lake Dam to 1 mile | |
downstream of the Teton Park Road bridge at | |
Moose, Wyoming, as a scenic river; and | |
``(iii) the 19-mile segment from the mouth | |
of the Hoback River to the point 1 mile | |
upstream from the Highway 89 bridge at Alpine | |
Junction, as a recreational river, the boundary | |
of the western edge of the corridor for the | |
portion of the segment extending from the point | |
3.3 miles downstream of the mouth of the Hoback | |
River to the point 4 miles downstream of the | |
mouth of the Hoback River being the ordinary | |
high water mark. | |
``(L) Willow creek.--The 16.2-mile segment from the | |
point 16.2 miles upstream from its confluence with the | |
Hoback River to its confluence with the Hoback River, | |
as a wild river. | |
``(M) Wolf creek.--The 7-mile segment from its | |
source to its confluence with the Snake River, as a | |
wild river.''. | |
(e) Management.-- | |
(1) In general.--Each river segment described in paragraph | |
(205) of section 3(a) of the Wild and Scenic Rivers Act (16 | |
U.S.C. 1274(a)) (as added by subsection (d)) shall be managed | |
by the Secretary concerned. | |
(2) Management plan.-- | |
(A) In general.--In accordance with subparagraph | |
(A), not later than 3 years after the date of enactment | |
of this Act, the Secretary concerned shall develop a | |
management plan for each river segment described in | |
paragraph (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. | |
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: | |
``(206) Taunton river, massachusetts.--The main stem of the | |
Taunton River from its headwaters at the confluence of the Town | |
and Matfield Rivers in the Town of Bridgewater downstream 40 | |
miles to the confluence with the Quequechan River at the Route | |
195 Bridge in the City of Fall River, to be administered by the | |
Secretary of the Interior in cooperation with the Taunton River | |
Stewardship Council as follows: | |
``(A) The 18-mile segment from the confluence of | |
the Town and Matfield Rivers to Route 24 in the Town of | |
Raynham, as a scenic river. | |
``(B) The 5-mile segment from Route 24 to 0.5 miles | |
below Weir Bridge in the City of Taunton, as a | |
recreational river. | |
``(C) The 8-mile segment from 0.5 miles below Weir | |
Bridge to Muddy Cove in the Town of Dighton, as a | |
scenic river. | |
``(D) The 9-mile segment from Muddy Cove to the | |
confluence with the Quequechan River at the Route 195 | |
Bridge in the City of Fall River, as a recreational | |
river.''. | |
(b) Management of Taunton River, Massachusetts.-- | |
(1) Taunton river stewardship plan.-- | |
(A) In general.--Each river segment designated by | |
section 3(a)(206) of the Wild and Scenic Rivers Act (as | |
added by subsection (a)) shall be managed in accordance | |
with the Taunton River Stewardship Plan, dated July | |
2005 (including any amendment to the Taunton River | |
Stewardship Plan that the Secretary of the Interior | |
(referred to in this subsection as the ``Secretary'') | |
determines to be consistent with this section). | |
(B) Effect.--The Taunton River Stewardship Plan | |
described in subparagraph (A) shall be considered to | |
satisfy each requirement relating to the comprehensive | |
management plan required under section 3(d) of the Wild | |
and Scenic Rivers Act (16 U.S.C. 1274(d)). | |
(2) Cooperative agreements.--To provide for the long-term | |
protection, preservation, and enhancement of each river segment | |
designated by section 3(a)(206) of the Wild and Scenic Rivers | |
Act (as added by subsection (a)), pursuant to sections 10(e) | |
and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. | |
1281(e) and 1282(b)(1)), the Secretary may enter into | |
cooperative agreements (which may include provisions for | |
financial and other assistance) with-- | |
(A) the Commonwealth of Massachusetts (including | |
political subdivisions of the Commonwealth of | |
Massachusetts); | |
(B) the Taunton River Stewardship Council; and | |
(C) any appropriate nonprofit organization, as | |
determined by the Secretary. | |
(3) Relation to national park system.--Notwithstanding | |
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. | |
1281(c)), each river segment designated by section 3(a)(206) of | |
the Wild and Scenic Rivers Act (as added by subsection (a)) | |
shall not be-- | |
(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-- | |
``(A) complete the study of the Missisquoi and | |
Trout Rivers, Vermont, described in subsection | |
(a)(140); and | |
``(B) submit a report describing the results of | |
that study to the appropriate committees of | |
Congress.''. | |
(c) Authorization of Appropriations.--There are authorized to be | |
appropriated such sums as are necessary to carry out this section. | |
Subtitle C--Additions to the National Trails System | |
SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL. | |
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) | |
is amended by adding at the end the following: | |
``(27) Arizona national scenic trail.-- | |
``(A) In general.--The Arizona National Scenic | |
Trail, extending approximately 807 miles across the | |
State of Arizona from the U.S.-Mexico international | |
border to the Arizona-Utah border, as generally | |
depicted on the map entitled `Arizona National Scenic | |
Trail' and dated December 5, 2007, to be administered | |
by the Secretary of Agriculture, in consultation with | |
the Secretary of the Interior and appropriate State, | |
tribal, and local governmental agencies. | |
``(B) Availability of map.--The map shall be on | |
file and available for public inspection in appropriate | |
offices of the Forest Service.''. | |
SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL. | |
(a) Authorization and Administration.--Section 5(a) of the National | |
Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5201) is | |
amended by adding at the end the following: | |
``(28) New england national scenic trail.--The New England | |
National Scenic Trail, a continuous trail extending | |
approximately 220 miles from the border of New Hampshire in the | |
town of Royalston, Massachusetts to Long Island Sound in the | |
town of Guilford, Connecticut, as generally depicted on the map | |
titled `New England National Scenic Trail Proposed Route', | |
numbered T06/80,000, and dated October 2007. The map shall be | |
on file and available for public inspection in the appropriate | |
offices of the National Park Service. The Secretary of the | |
Interior, in consultation with appropriate Federal, State, | |
tribal, regional, and local agencies, and other organizations, | |
shall administer the trail after considering the | |
recommendations of the report titled the `Metacomet Monadnock | |
Mattabesset Trail System National Scenic Trail Feasibility | |
Study and Environmental Assessment', prepared by the National | |
Park Service, and dated Spring 2006. The United States shall | |
not acquire for the trail any land or interest in land without | |
the consent of the owner.''. | |
(b) Management.--The Secretary of the Interior (referred to in this | |
section as the ``Secretary'') shall consider the actions outlined in | |
the Trail Management Blueprint described in the report titled the | |
``Metacomet Monadnock Mattabesett Trail System National Scenic Trail | |
Feasibility Study and Environmental Assessment'', prepared by the | |
National Park Service, and dated Spring 2006, as the framework for | |
management and administration of the New England National Scenic Trail. | |
Additional or more detailed plans for administration, management, | |
protection, access, maintenance, or development of the trail may be | |
developed consistent with the Trail Management Blueprint, and as | |
approved by the Secretary. | |
(c) Cooperative Agreements.--The Secretary is authorized to enter | |
into cooperative agreements with the Commonwealth of Massachusetts (and | |
its political subdivisions), the State of Connecticut (and its | |
political subdivisions), and other regional, local, and private | |
organizations deemed necessary and desirable to accomplish cooperative | |
trail administrative, management, and protection objectives consistent | |
with the Trail Management Blueprint. An agreement under this subsection | |
may include provisions for limited financial assistance to encourage | |
participation in the planning, acquisition, protection, operation, | |
development, or maintenance of the trail. | |
(d) Additional Trail Segments.--Pursuant to section 6 of the | |
National Trails System Act (16 U.S.C. 1245), the Secretary is | |
encouraged to work with the State of New Hampshire and appropriate | |
local and private organizations to include that portion of the | |
Metacomet-Monadnock Trail in New Hampshire (which lies between | |
Royalston, Massachusetts and Jaffrey, New Hampshire) as a component of | |
the New England National Scenic Trail. Inclusion of this segment, as | |
well as other potential side or connecting trails, is contingent upon | |
written application to the Secretary by appropriate State and local | |
jurisdictions and a finding by the Secretary that trail management and | |
administration is consistent with the Trail Management Blueprint. | |
SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL. | |
(a) Findings; Purpose.-- | |
(1) Findings.--Congress finds that-- | |
(A) at the end of the last Ice Age, some 12,000 to | |
17,000 years ago, a series of cataclysmic floods | |
occurred in what is now the northwest region of the | |
United States, leaving a lasting mark of dramatic and | |
distinguishing features on the landscape of parts of | |
the States of Montana, Idaho, Washington and Oregon; | |
(B) geological features that have exceptional value | |
and quality to illustrate and interpret this | |
extraordinary natural phenomenon are present on | |
Federal, State, tribal, county, municipal, and private | |
land in the region; and | |
(C) in 2001, a joint study team headed by the | |
National Park Service that included about 70 members | |
from public and private entities completed a study | |
endorsing the establishment of an Ice Age Floods | |
National Geologic Trail-- | |
(i) to recognize the national significance | |
of this phenomenon; and | |
(ii) to coordinate public and private | |
sector entities in the presentation of the | |
story of the Ice Age floods. | |
(2) Purpose.--The purpose of this section is to designate | |
the Ice Age Floods National Geologic Trail in the States of | |
Montana, Idaho, Washington, and Oregon, enabling the public to | |
view, experience, and learn about the features and story of the | |
Ice Age floods through the collaborative efforts of public and | |
private entities. | |
(b) Definitions.--In this section: | |
(1) Ice age floods; floods.--The term ``Ice Age floods'' or | |
``floods'' means the cataclysmic floods that occurred in what | |
is now the northwestern United States during the last Ice Age | |
from massive, rapid and recurring drainage of Glacial Lake | |
Missoula. | |
(2) Plan.--The term ``plan'' means the cooperative | |
management and interpretation plan authorized under subsection | |
(f)(5). | |
(3) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(4) Trail.--The term ``Trail'' means the Ice Age Floods | |
National Geologic Trail designated by subsection (c). | |
(c) Designation.--In order to provide for public appreciation, | |
understanding, and enjoyment of the nationally significant natural and | |
cultural features of the Ice Age floods and to promote collaborative | |
efforts for interpretation and education among public and private | |
entities located along the pathways of the floods, there is designated | |
the Ice Age Floods National Geologic Trail. | |
(d) Location.-- | |
(1) Map.--The route of the Trail shall be as generally | |
depicted on the map entitled ``Ice Age Floods National Geologic | |
Trail,'' numbered P43/80,000 and dated June 2004. | |
(2) Route.--The route shall generally follow public roads | |
and highways. | |
(3) Revision.--The Secretary may revise the map by | |
publication in the Federal Register of a notice of availability | |
of a new map as part of the plan. | |
(e) Map Availability.--The map referred to in subsection (d)(1) | |
shall be on file and available for public inspection in the appropriate | |
offices of the National Park Service. | |
(f) Administration.-- | |
(1) In general.--The Secretary, acting through the Director | |
of the National Park Service, shall administer the Trail in | |
accordance with this section. | |
(2) Limitation.--Except as provided in paragraph (6)(B), | |
the Trail shall not be considered to be a unit of the National | |
Park System. | |
(3) Trail management office.--To improve management of the | |
Trail and coordinate Trail activities with other public | |
agencies and private entities, the Secretary may establish and | |
operate a trail management office at a central location within | |
the vicinity of the Trail. | |
(4) Interpretive facilities.--The Secretary may plan, | |
design, and construct interpretive facilities for sites | |
associated with the Trail if the facilities are constructed in | |
partnership with State, local, tribal, or non-profit entities | |
and are consistent with the plan. | |
(5) Management plan.-- | |
(A) In general.--Not later than 3 years after funds | |
are made available to carry out this section, the | |
Secretary shall prepare a cooperative management and | |
interpretation plan for the Trail. | |
(B) Consultation.--The Secretary shall prepare the | |
plan in consultation with-- | |
(i) State, local, and tribal governments; | |
(ii) the Ice Age Floods Institute; | |
(iii) private property owners; and | |
(iv) other interested parties. | |
(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. | |
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.''. | |
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 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.''. | |
(9) Nez perce national historic trail.--Section 5(a)(14) of | |
the National Trails System Act (16 U.S.C. 1244(a)(14)) is | |
amended-- | |
(A) by striking the fourth and fifth sentences; and | |
(B) by adding at the end the following: ``No land | |
or interest in land outside the exterior boundaries of | |
any federally administered area may be acquired by the | |
Federal Government for the trail except with the | |
consent of the owner of the land or interest in land. | |
The authority of the Federal Government to acquire fee | |
title under this paragraph shall be limited to an | |
average of not more than \1/4\ mile on either side of | |
the trail.''. | |
(b) Conforming Amendment.--Section 10 of the National Trails System | |
Act (16 U.S.C. 1249) is amended by striking subsection (c) and | |
inserting the following: | |
``(c) Authorization of Appropriations.-- | |
``(1) In general.--Except as otherwise provided in this | |
Act, there are authorized to be appropriated such sums as are | |
necessary to implement the provisions of this Act relating to | |
the trails designated by section 5(a). | |
``(2) Natchez trace national scenic trail.-- | |
``(A) In general.--With respect to the Natchez | |
Trace National Scenic Trail (referred to in this | |
paragraph as the `trail') designated by section | |
5(a)(12)-- | |
``(i) not more than $500,000 shall be | |
appropriated for the acquisition of land or | |
interests in land for the trail; and | |
``(ii) not more than $2,000,000 shall be | |
appropriated for the development of the trail. | |
``(B) Participation by volunteer trail groups.--The | |
administering agency for the trail shall encourage | |
volunteer trail groups to participate in the | |
development of the trail.''. | |
SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING | |
NATIONAL HISTORIC TRAILS. | |
Section 5 of the National Trails System Act (16 U.S.C. 1244) is | |
amended by adding at the end the following: | |
``(g) Revision of Feasibility and Suitability Studies of Existing | |
National Historic Trails.-- | |
``(1) Definitions.--In this subsection: | |
``(A) Route.--The term `route' includes a trail | |
segment commonly known as a cutoff. | |
``(B) Shared route.--The term `shared route' means | |
a route that was a segment of more than 1 historic | |
trail, including a route shared with an existing | |
national historic trail. | |
``(2) Requirements for revision.-- | |
``(A) In general.--The Secretary of the Interior | |
shall revise the feasibility and suitability studies | |
for certain national trails for consideration of | |
possible additions to the trails. | |
``(B) Study requirements and objectives.--The study | |
requirements and objectives specified in subsection (b) | |
shall apply to a study required by this subsection. | |
``(C) Completion and submission of study.--A study | |
listed in this subsection shall be completed and | |
submitted 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. | |
``(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.-- | |
``(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.''. | |
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS | |
Subtitle A--Cooperative Watershed Management Program | |
SEC. 6001. DEFINITIONS. | |
In this subtitle: | |
(1) Affected stakeholder.--The term ``affected | |
stakeholder'' means an entity that significantly affects, or is | |
significantly affected by, the quality or quantity of water in | |
a watershed, as determined by the Secretary. | |
(2) Grant recipient.--The term ``grant recipient'' means a | |
watershed group that the Secretary has selected to receive a | |
grant under section 6002(c)(2). | |
(3) Program.--The term ``program'' means the Cooperative | |
Watershed Management Program established by the Secretary under | |
section 6002(a). | |
(4) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(5) Watershed group.--The term ``watershed group'' means a | |
self-sustaining, cooperative watershed-wide group that-- | |
(A) is comprised of representatives of the affected | |
stakeholders of the relevant watershed; | |
(B) incorporates the perspectives of a diverse | |
array of stakeholders, including, to the maximum extent | |
practicable-- | |
(i) representatives of-- | |
(I) hydroelectric production; | |
(II) livestock grazing; | |
(III) timber production; | |
(IV) land development; | |
(V) recreation or tourism; | |
(VI) irrigated agricultural | |
production; | |
(VII) the environment; | |
(VIII) potable water purveyors and | |
industrial water users; and | |
(IX) private property owners within | |
the watershed; | |
(ii) any Federal agency that has authority | |
with respect to the watershed; | |
(iii) any State agency that has authority | |
with respect to the watershed; | |
(iv) any local agency that has authority | |
with respect to the watershed; and | |
(v) any Indian tribe that-- | |
(I) owns land within the watershed; | |
or | |
(II) has land in the watershed that | |
is held in trust; | |
(C) is a grassroots, nonregulatory entity that | |
addresses water availability and quality issues within | |
the relevant watershed; | |
(D) is capable of promoting the sustainable use of | |
the water resources of the relevant watershed and | |
improving the functioning condition of rivers and | |
streams through-- | |
(i) water conservation; | |
(ii) improved water quality; | |
(iii) ecological resiliency; and | |
(iv) the reduction of water conflicts; and | |
(E) makes decisions on a consensus basis, as | |
defined in the bylaws of the watershed group. | |
(6) Watershed management project.--The term ``watershed | |
management project'' means any project (including a | |
demonstration project) that-- | |
(A) enhances water conservation, including | |
alternative water uses; | |
(B) improves water quality; | |
(C) improves ecological resiliency of a river or | |
stream; | |
(D) reduces the potential for water conflicts; or | |
(E) advances any other goals associated with water | |
quality or quantity that the Secretary determines to be | |
appropriate. | |
SEC. 6002. PROGRAM. | |
(a) Establishment.--Not later than 180 days after the date of | |
enactment of this Act, the Secretary shall establish a program, to be | |
known as the ``Cooperative Watershed Management Program'', under which | |
the Secretary shall provide grants-- | |
(1)(A) to form a watershed group; or | |
(B) to enlarge a watershed group; and | |
(2) to conduct 1 or more projects in accordance with the | |
goals of a watershed group. | |
(b) Application.-- | |
(1) Establishment of application process; criteria.--Not | |
later than 1 year after the date of enactment of this Act, the | |
Secretary shall establish-- | |
(A) an application process for the program; and | |
(B) in consultation with the States, prioritization | |
and eligibility criteria for considering applications | |
submitted in accordance with the application process. | |
(c) Distribution of Grant Funds.-- | |
(1) In general.--In distributing grant funds under this | |
section, the Secretary-- | |
(A) shall comply with paragraph (2); and | |
(B) may give priority to watershed groups that-- | |
(i) represent maximum diversity of | |
interests; or | |
(ii) serve subbasin-sized watersheds with | |
an 8-digit hydrologic unit code, as defined by | |
the United States Geological Survey. | |
(2) Funding procedure.-- | |
(A) First phase.-- | |
(i) In general.--The Secretary may provide | |
to a grant recipient a first-phase grant in an | |
amount not greater than $100,000 each year for | |
a period of not more than 3 years. | |
(ii) Mandatory use of funds.--A grant | |
recipient that receives a first-phase grant | |
shall use the funds-- | |
(I) to establish or enlarge a | |
watershed group; | |
(II) to develop a mission statement | |
for the watershed group; | |
(III) to develop project concepts; | |
and | |
(IV) to develop a restoration plan. | |
(iii) Annual determination of | |
eligibility.-- | |
(I) Determination.--For each year | |
of a first-phase grant, not later than | |
270 days after the date on which a | |
grant recipient first receives grant | |
funds for the year, the Secretary shall | |
determine whether the grant recipient | |
has made sufficient progress during the | |
year to justify additional funding. | |
(II) Effect of determination.--If | |
the Secretary determines under | |
subclause (I) that the progress of a | |
grant recipient during the year covered | |
by the determination justifies | |
additional funding, the Secretary shall | |
provide to the grant recipient grant | |
funds for the following year. | |
(iv) Advancement conditions.--A grant | |
recipient shall not be eligible to receive a | |
second-phase grant under subparagraph (B) until | |
the date on which the Secretary determines that | |
the watershed group-- | |
(I) has approved articles of | |
incorporation and bylaws governing the | |
organization; and | |
(II)(aa) holds regular meetings; | |
(bb) has completed a mission | |
statement; and | |
(cc) has developed a restoration | |
plan and project concepts for the | |
watershed. | |
(v) Exception.--A watershed group that has | |
not applied for or received first-phase grants | |
may apply for and receive second-phase grants | |
under subparagraph (B) if the Secretary | |
determines that the group has satisfied the | |
requirements of first-phase grants. | |
(B) Second phase.-- | |
(i) In general.--A watershed group may | |
apply for and receive second-phase grants of | |
$1,000,000 each year for a period of not more | |
than 4 years if-- | |
(I) the watershed group has applied | |
for and received watershed grants under | |
subparagraph (A); or | |
(II) the Secretary determines that | |
the watershed group has satisfied the | |
requirements of first-phase grants. | |
(ii) Mandatory use of funds.--A grant | |
recipient that receives a second-phase grant | |
shall use the funds to plan and carry out | |
watershed management projects. | |
(iii) Annual determination of | |
eligibility.-- | |
(I) Determination.--For each year | |
of the second-phase grant, not later | |
than 270 days after the date on which a | |
grant recipient first receives 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 | |
(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. | |
SEC. 6003. EFFECT OF SUBTITLE. | |
Nothing in this subtitle affects the applicability of any Federal, | |
State, or local law with respect to any watershed group. | |
Subtitle B--Competitive Status for Federal Employees in Alaska | |
SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES IN THE | |
STATE OF ALASKA. | |
Section 1308 of the Alaska National Interest Lands Conservation Act | |
(16 U.S.C. 3198) is amended by adding at the end the following: | |
``(e) Competitive Status.-- | |
``(1) In general.--Nothing in subsection (a) provides that | |
any person hired pursuant to the program established under that | |
subsection is not eligible for competitive status in the same | |
manner as any other employee hired as part of the competitive | |
service. | |
``(2) Redesignation of certain positions.-- | |
``(A) Persons serving in original positions.--Not | |
later than 60 days after the date of enactment of this | |
subsection, with respect to any person hired into a | |
permanent position pursuant to the program established | |
under subsection (a) who is serving in that position as | |
of the date of enactment of this subsection, the | |
Secretary shall redesignate that position and the | |
person serving in that position as having been part of | |
the competitive service as of the date that the person | |
was hired into that position. | |
``(B) Persons no longer serving in original | |
positions.--With respect to any person who was hired | |
pursuant to the program established under subsection | |
(a) that is no longer serving in that position as of | |
the date of enactment of this subsection-- | |
``(i) the person may provide to the | |
Secretary a request for redesignation of the | |
service as part of the competitive service that | |
includes evidence of the employment; and | |
``(ii) not later than 90 days of the | |
submission of a request under clause (i), the | |
Secretary shall redesignate the service of the | |
person as being part of the competitive | |
service.''. | |
Subtitle C--Management of the Baca National Wildlife Refuge | |
SEC. 6201. BACA NATIONAL WILDLIFE REFUGE. | |
Section 6 of the Great Sand Dunes National Park and Preserve Act of | |
2000 (16 U.S.C. 410hhh-4) is amended-- | |
(1) in subsection (a)-- | |
(A) by striking ``(a) Establishment.--(1) When'' | |
and inserting the following: | |
``(a) Establishment and Purpose.-- | |
``(1) Establishment.-- | |
``(A) In general.--When''; | |
(B) in paragraph (2), by striking ``(2) Such | |
establishment'' and inserting the following: | |
``(B) Effective date.--The establishment of the | |
refuge under subparagraph (A)''; and | |
(C) by adding at the end the following: | |
``(2) Purpose.--The purpose of the Baca National Wildlife | |
Refuge shall be to restore, enhance, and maintain wetland, | |
upland, riparian, and other habitats for native wildlife, | |
plant, and fish species in the San Luis Valley.''; | |
(2) in subsection (c)-- | |
(A) by striking ``The Secretary'' and inserting the | |
following: | |
``(1) In general.--The Secretary''; and | |
(B) by adding at the end the following: | |
``(2) Requirements.--In administering the Baca National | |
Wildlife Refuge, the Secretary shall, to the maximum extent | |
practicable-- | |
``(A) emphasize migratory bird conservation; and | |
``(B) take into consideration the role of the | |
Refuge in broader landscape conservation efforts.''; | |
and | |
(3) in subsection (d)-- | |
(A) in paragraph (1), by striking ``and'' at the | |
end; | |
(B) in paragraph (2), by striking the period at the | |
end and inserting ``; and''; and | |
(C) by adding at the end the following: | |
``(3) subject to any agreement in existence as of the date | |
of enactment of this paragraph, and to the extent consistent | |
with the purposes of the Refuge, use decreed water rights on | |
the Refuge in approximately the same manner that the water | |
rights have been used historically.''. | |
Subtitle D--Paleontological Resources Preservation | |
SEC. 6301. DEFINITIONS. | |
In this subtitle: | |
(1) Casual collecting.--The term ``casual collecting'' | |
means the collecting of a reasonable amount of common | |
invertebrate and plant paleontological resources for non- | |
commercial personal use, either by surface collection or the | |
use of non-powered hand tools resulting in only negligible | |
disturbance to the Earth's surface and other resources. As used | |
in this paragraph, the terms ``reasonable amount'', ``common | |
invertebrate and plant paleontological resources'' and | |
``negligible disturbance'' shall be determined by the | |
Secretary. | |
(2) Federal land.--The term ``Federal land'' means-- | |
(A) land controlled or administered by the | |
Secretary of the Interior, except Indian land; or | |
(B) National Forest System land controlled or | |
administered by the Secretary of Agriculture. | |
(3) Indian land.--The term ``Indian Land'' means land of | |
Indian tribes, or Indian individuals, which are either held in | |
trust by the United States or subject to a restriction against | |
alienation imposed by the United States. | |
(4) Paleontological resource.--The term ``paleontological | |
resource'' means any fossilized remains, traces, or imprints of | |
organisms, preserved in or on the earth's crust, that are of | |
paleontological interest and that provide information about the | |
history of life on earth, except that the term does not | |
include-- | |
(A) any materials associated with an archaeological | |
resource (as defined in section 3(1) of the | |
Archaeological Resources Protection Act of 1979 (16 | |
U.S.C. 470bb(1)); or | |
(B) any cultural item (as defined in section 2 of | |
the Native American Graves Protection and Repatriation | |
Act (25 U.S.C. 3001)). | |
(5) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior with respect to land controlled or administered | |
by the Secretary of the Interior or the Secretary of | |
Agriculture with respect to National Forest System land | |
controlled or administered by the Secretary of Agriculture. | |
(6) State.--The term ``State'' means the 50 States, the | |
District of Columbia, the Commonwealth of Puerto Rico, and any | |
other territory or possession of the United States. | |
SEC. 6302. MANAGEMENT. | |
(a) In General.--The Secretary shall manage and protect | |
paleontological resources on Federal land using scientific principles | |
and expertise. The Secretary shall develop appropriate plans for | |
inventory, monitoring, and the scientific and educational use of | |
paleontological resources, in accordance with applicable agency laws, | |
regulations, and policies. These plans shall emphasize interagency | |
coordination and collaborative efforts where possible with non-Federal | |
partners, the scientific community, and the general public. | |
(b) Coordination.--To the extent possible, the Secretary of the | |
Interior and the Secretary of Agriculture shall coordinate in the | |
implementation of this subtitle. | |
SEC. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM. | |
The Secretary shall establish a program to increase public | |
awareness about the significance of paleontological resources. | |
SEC. 6304. COLLECTION OF PALEONTOLOGICAL RESOURCES. | |
(a) Permit Requirement.-- | |
(1) In general.--Except as provided in this subtitle, a | |
paleontological resource may not be collected from Federal land | |
without a permit issued under this subtitle by the Secretary. | |
(2) Casual collecting exception.--The Secretary may 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 | |
(3) specific locality data will not be released by the | |
permittee or repository without the written permission of the | |
Secretary. | |
(d) Modification, Suspension, and Revocation of Permits.-- | |
(1) The Secretary may modify, suspend, or revoke a permit | |
issued under this section-- | |
(A) for resource, safety, or other management | |
considerations; or | |
(B) when there is a violation of term or condition | |
of a permit issued pursuant to this section. | |
(2) The permit shall be revoked if any person working under | |
the authority of the permit is convicted under section 6306 or | |
is assessed a civil penalty under section 6307. | |
(e) Area Closures.--In order to protect paleontological or other | |
resources or to provide for public safety, the Secretary may restrict | |
access to or close areas under the Secretary's jurisdiction to the | |
collection of paleontological resources. | |
SEC. 6305. CURATION OF RESOURCES. | |
Any paleontological resource, and any data and records associated | |
with the resource, collected under a permit, shall be deposited in an | |
approved repository. The Secretary may enter into agreements with non- | |
Federal repositories regarding the curation of these resources, data, | |
and records. | |
SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES. | |
(a) In General.--A person may not-- | |
(1) excavate, remove, damage, or otherwise alter or deface | |
or attempt to excavate, remove, damage, or otherwise alter or | |
deface any paleontological resources located on Federal land | |
unless such activity is conducted in accordance with this | |
subtitle; | |
(2) exchange, transport, export, receive, or offer to | |
exchange, transport, export, or receive any paleontological | |
resource if the person knew or should have known such resource | |
to have been excavated or removed from Federal land in | |
violation of any provisions, rule, regulation, law, ordinance, | |
or permit in effect under Federal law, including this subtitle; | |
or | |
(3) sell or purchase or offer to sell or purchase any | |
paleontological resource if the person knew or should have | |
known such resource to have been excavated, removed, sold, | |
purchased, exchanged, transported, or received from Federal | |
land. | |
(b) False Labeling Offenses.--A person may not make or submit any | |
false record, account, or label for, or any false identification of, | |
any paleontological resource excavated or removed from Federal land. | |
(c) Penalties.--A person who knowingly violates or counsels, | |
procures, solicits, or employs another person to violate subsection (a) | |
or (b) shall, upon conviction, be fined in accordance with title 18, | |
United States Code, or imprisoned not more than 2 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 5 years, or both. | |
(d) Multiple Offenses.--In the case of a second or subsequent | |
violation by the same person, the amount of the penalty assessed under | |
subsection (c) may be doubled. | |
(e) General Exception.--Nothing in subsection (a) shall apply to | |
any person with respect to any paleontological resource which was in | |
the lawful possession of such person prior to the date of enactment of | |
this Act. | |
SEC. 6307. CIVIL PENALTIES. | |
(a) In General.-- | |
(1) Hearing.--A person who violates any prohibition | |
contained in an applicable regulation or permit issued under | |
this subtitle may be assessed a penalty by the Secretary after | |
the person is given notice and opportunity for a hearing with | |
respect to the violation. Each violation shall be considered a | |
separate offense for purposes of this section. | |
(2) Amount of penalty.--The amount of such penalty assessed | |
under paragraph (1) shall be determined under regulations | |
promulgated pursuant to this subtitle, taking into account the | |
following factors: | |
(A) The scientific or fair market value, whichever | |
is greater, of the paleontological resource involved, | |
as determined by the Secretary. | |
(B) The cost of response, restoration, and repair | |
of the resource and the paleontological site involved. | |
(C) Any other factors considered relevant by the | |
Secretary assessing the penalty. | |
(3) Multiple offenses.--In the case of a second or | |
subsequent violation by the same person, the amount of a | |
penalty assessed under paragraph (2) may be doubled. | |
(4) Limitation.--The amount of any penalty assessed under | |
this subsection for any 1 violation shall not exceed an amount | |
equal to double the cost of response, restoration, and repair | |
of resources and paleontological site damage plus double the | |
scientific or fair market value of resources destroyed or not | |
recovered. | |
(b) Petition for Judicial Review; Collection of Unpaid | |
Assessments.-- | |
(1) Judicial review.--Any person against whom an order is | |
issued assessing a penalty under subsection (a) may file a | |
petition for judicial review of the order in the United States | |
District Court for the District of Columbia or in the district | |
in which the violation is alleged to have occurred within the | |
30-day period beginning on the date the order making the | |
assessment was issued. Upon notice of such filing, the | |
Secretary shall promptly file such a certified copy of the | |
record on which the order was issued. The court shall hear the | |
action on the record made before the Secretary and shall | |
sustain the action if it is supported by substantial evidence | |
on the record considered as a whole. | |
(2) Failure to pay.--If any person fails to pay a penalty | |
under this section within 30 days-- | |
(A) after the order making assessment has become | |
final and the person has not filed a petition for | |
judicial review of the order in accordance with | |
paragraph (1); or | |
(B) after a court in an action brought in paragraph | |
(1) has entered a final judgment upholding the | |
assessment 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, or to | |
acquire sites with equivalent resources, and to protect, | |
monitor, and study the resources and sites. Any acquisition | |
shall be subject to any limitations contained in the organic | |
legislation for such Federal land. | |
(2) To provide educational materials to the public about | |
paleontological resources and sites. | |
(3) To provide for the payment of rewards as provided in | |
section 6308. | |
SEC. 6308. REWARDS AND FORFEITURE. | |
(a) Rewards.--The Secretary may pay from penalties collected under | |
section 6306 or 6307 or from appropriated funds-- | |
(1) consistent with amounts established in regulations by | |
the Secretary; or | |
(2) if no such regulation exists, an amount up to \1/2\ of | |
the penalties, to any person who furnishes information which | |
leads to the finding of a civil violation, or the conviction of | |
criminal violation, with respect to which the penalty was paid. | |
If several persons provided the information, the amount shall | |
be divided among the persons. No officer or employee of the | |
United States or of any State or local government who furnishes | |
information or renders service in the performance of his | |
official duties shall be eligible for payment under this | |
subsection. | |
(b) Forfeiture.--All paleontological resources with respect to | |
which a violation under section 6306 or 6307 occurred and which are in | |
the possession of any person, and all vehicles and equipment of any | |
person that were used in connection with the violation, shall be | |
subject to civil forfeiture, or upon conviction, to criminal | |
forfeiture. All provisions of law relating to the seizure, forfeiture, | |
and condemnation of property for a violation of this subtitle, the | |
disposition of such property or the proceeds from the sale thereof, and | |
remission or mitigation of such forfeiture, as well as the procedural | |
provisions of chapter 46 of title 18, United States Code, shall apply | |
to the seizures and forfeitures incurred or alleged to have incurred | |
under the provisions of this subtitle. | |
(c) Transfer of Seized Resources.--The Secretary may transfer | |
administration of seized paleontological resources to Federal or non- | |
Federal educational institutions to be used for scientific or | |
educational purposes. | |
SEC. 6309. CONFIDENTIALITY. | |
Information concerning the nature and specific location of a | |
paleontological resource shall be exempt from disclosure under section | |
552 of title 5, United States Code, and any other law unless the | |
Secretary determines that disclosure would-- | |
(1) further the purposes of this subtitle; | |
(2) not create risk of harm to or theft or destruction of | |
the resource or the site containing the resource; and | |
(3) be in accordance with other applicable laws. | |
SEC. 6310. REGULATIONS. | |
As soon as practical after the date of enactment of this Act, the | |
Secretary shall issue such regulations as are appropriate to carry out | |
this subtitle, providing opportunities for public notice and comment. | |
SEC. 6311. SAVINGS PROVISIONS. | |
Nothing in this subtitle shall be construed to-- | |
(1) invalidate, modify, or impose any additional | |
restrictions or permitting requirements on any activities | |
permitted at any time under the general mining laws, the | |
mineral or geothermal leasing laws, laws providing for minerals | |
materials disposal, or laws providing for the management or | |
regulation of the activities authorized by the aforementioned | |
laws including but not limited to the Federal Land Policy | |
Management Act (43 U.S.C. 1701-1784), Public Law 94-429 | |
(commonly known as the ``Mining in the Parks Act'') (16 U.S.C. | |
1901 et seq.), the Surface Mining Control and Reclamation Act | |
of 1977 (30 U.S.C. 1201-1358), and the Organic Administration | |
Act (16 U.S.C. 478, 482, 551); | |
(2) invalidate, modify, or impose any additional | |
restrictions or permitting requirements on any activities | |
permitted at any time under existing laws and authorities | |
relating to reclamation and multiple uses of Federal land; | |
(3) apply to, or require a permit for, casual collecting of | |
a rock, mineral, or invertebrate or plant fossil that is not | |
protected under this subtitle; | |
(4) affect any land other than Federal land or affect the | |
lawful recovery, collection, or sale of paleontological | |
resources from land other than Federal land; | |
(5) alter or diminish the authority of a Federal agency | |
under any other law to provide protection for paleontological | |
resources on Federal land in addition to the protection | |
provided under this subtitle; or | |
(6) create any right, privilege, benefit, or entitlement | |
for any person who is not an officer or employee of the United | |
States acting in that capacity. No person who is not an officer | |
or employee of the United States acting in that capacity shall | |
have standing to file any civil action in a court of the United | |
States to enforce any provision or amendment made by this | |
subtitle. | |
SEC. 6312. AUTHORIZATION OF APPROPRIATIONS. | |
There are authorized to be appropriated such sums as may be | |
necessary to carry out this subtitle. | |
Subtitle E--Izembek National Wildlife Refuge Land Exchange | |
SEC. 6401. DEFINITIONS. | |
In this subtitle: | |
(1) Corporation.--The term ``Corporation'' means the King | |
Cove Corporation. | |
(2) Federal land.--The term ``Federal land'' means-- | |
(A) the approximately 206 acres of Federal land | |
located within the Refuge, as generally depicted on the | |
map; and | |
(B) the approximately 1,600 acres of Federal land | |
located on Sitkinak Island, as generally depicted on | |
the map. | |
(3) Map.--The term ``map'' means each of-- | |
(A) the map entitled ``Izembek and Alaska Peninsula | |
National Wildlife Refuges'' and dated September 2, | |
2008; and | |
(B) the map entitled ``Sitkinak Island-Alaska | |
Maritime National Wildlife Refuge'' and dated September | |
2, 2008. | |
(4) Non-federal land.--The term ``non-Federal land'' | |
means-- | |
(A) the approximately 43,093 acres of land owned by | |
the State, as generally depicted on the map; and | |
(B) the approximately 13,300 acres of land owned by | |
the Corporation (including approximately 5,430 acres of | |
land for which the Corporation shall relinquish the | |
selection rights of the Corporation under the Alaska | |
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) | |
as part of the land exchange under section 6402(a)), as | |
generally depicted on the map. | |
(5) Refuge.--The term ``Refuge'' means the Izembek National | |
Wildlife Refuge. | |
(6) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(7) State.--The term ``State'' means the State of Alaska. | |
(8) Tribe.--The term ``Tribe'' means the Agdaagux Tribe of | |
King Cove, Alaska. | |
SEC. 6402. LAND EXCHANGE. | |
(a) In General.--Upon receipt of notification by the State and the | |
Corporation of the intention of the State and the Corporation to | |
exchange the non-Federal land for the Federal land, subject to the | |
conditions and requirements described in this subtitle, the Secretary | |
may convey to the State all right, title, and interest of the United | |
States in and to the Federal land. The Federal land within the Refuge | |
shall be transferred for the purpose of constructing a single-lane | |
gravel road between the communities of King Cove and Cold Bay, Alaska. | |
(b) Compliance With National Environmental Policy Act of 1969 and | |
Other Applicable Laws.-- | |
(1) In general.--In determining whether to carry out the | |
land exchange under subsection (a), the Secretary shall-- | |
(A) comply with the National Environmental Policy | |
Act of 1969 (42 U.S.C. 4321 et seq.); and | |
(B) except as provided in subsection (c), comply | |
with any other applicable law (including regulations). | |
(2) Environmental impact statement.-- | |
(A) In general.--Not later than 60 days after the | |
date on which the Secretary receives notification under | |
subsection (a), the Secretary shall initiate the | |
preparation of an environmental impact statement | |
required under the National Environmental Policy Act of | |
1969 (42 U.S.C. 4321 et seq.). | |
(B) Requirements.--The environmental impact | |
statement prepared under subparagraph (A) shall | |
contain-- | |
(i) an analysis of-- | |
(I) the proposed land exchange; and | |
(II) the potential construction and | |
operation of a road between the | |
communities of King Cove and Cold Bay, | |
Alaska; and | |
(ii) an evaluation of a specific road | |
corridor through the Refuge that is identified | |
in consultation with the State, the City of | |
King Cove, Alaska, and the Tribe. | |
(3) Cooperating agencies.-- | |
(A) In general.--During the preparation of the | |
environmental impact statement under paragraph (2), | |
each entity described in subparagraph (B) may | |
participate as a cooperating agency. | |
(B) Authorized entities.--An authorized entity may | |
include-- | |
(i) any Federal agency that has permitting | |
jurisdiction over the road described in | |
paragraph (2)(B)(i)(II); | |
(ii) the State; | |
(iii) the Aleutians East Borough of the | |
State; | |
(iv) the City of King Cove, Alaska; | |
(v) the Tribe; and | |
(vi) the Alaska Migratory Bird Co- | |
Management Council. | |
(c) Valuation.--The conveyance of the Federal land and non-Federal | |
land under this section shall not be subject to any requirement under | |
any Federal law (including regulations) relating to the valuation, | |
appraisal, or equalization of land. | |
(d) Public Interest Determination.-- | |
(1) Conditions for land exchange.--Subject to paragraph | |
(2), to carry out the land exchange under subsection (a), the | |
Secretary shall determine that the land exchange (including the | |
construction of a road between the City of King Cove, Alaska, | |
and the Cold Bay Airport) is in the public interest. | |
(2) Limitation of authority of secretary.--The Secretary | |
may not, as a condition for a finding that the land exchange is | |
in the public interest-- | |
(A) require the State or the Corporation to convey | |
additional land to the United States; or | |
(B) impose any restriction on the subsistence uses | |
(as defined in section 803 of the Alaska National | |
Interest Lands Conservation Act (16 U.S.C. 3113)) of | |
waterfowl by rural residents of the State. | |
(e) Kinzaroff Lagoon.--The land exchange under subsection (a) shall | |
not be carried out before the date on which the parcel of land owned by | |
the State that is located in the Kinzaroff Lagoon has been designated | |
by the State as a State refuge, in accordance with the applicable laws | |
(including regulations) of the State. | |
(f) Designation of Road Corridor.--In designating the road corridor | |
described in subsection (b)(2)(B)(ii), the Secretary shall-- | |
(1) minimize the adverse impact of the road corridor on the | |
Refuge; | |
(2) transfer the minimum acreage of Federal land that is | |
required for the construction of the road corridor; and | |
(3) to the maximum extent practicable, incorporate into the | |
road corridor roads that are in existence as of the date of | |
enactment of this Act. | |
(g) Additional Terms and Conditions.--The land exchange under | |
subsection (a) shall be subject to any other term or condition that the | |
Secretary determines to be necessary. | |
SEC. 6403. KING COVE ROAD. | |
(a) Requirements Relating to Use, Barrier Cables, and Dimensions.-- | |
(1) Limitations on use.-- | |
(A) In general.--Except as provided in subparagraph | |
(B), any portion of the road constructed on the Federal | |
land conveyed pursuant to this subtitle shall be used | |
primarily for health and safety purposes (including | |
access to and from the Cold Bay Airport) and only for | |
noncommercial purposes. | |
(B) Exceptions.--Notwithstanding subparagraph (A), | |
the use of taxis, commercial vans for public | |
transportation, and shared rides (other than organized | |
transportation of employees to a business or other | |
commercial facility) shall be allowed on the road | |
described in subparagraph (A). | |
(C) Requirement of agreement.--The limitations of | |
the use of the road described in this paragraph shall | |
be enforced in accordance with an agreement entered | |
into between the Secretary and the State. | |
(2) Requirement of barrier cable.--The road described in | |
paragraph (1)(A) shall be constructed to include a cable | |
barrier on each side of the road, as described in the record of | |
decision entitled ``Mitigation Measure MM-11, King Cove Access | |
Project Final Environmental Impact Statement Record of | |
Decision'' and dated January 22, 2004, unless a different type | |
barrier is required as a mitigation measure in the Record of | |
Decision for Final Environmental Impact Statement required in | |
section 6402(b)(2). | |
(3) Required dimensions and design features.--The road | |
described in paragraph (1)(A) shall-- | |
(A) have a width of not greater than a single lane, | |
in accordance with the applicable road standards of the | |
State; | |
(B) be constructed with gravel; | |
(C) be constructed to comply with any specific | |
design features identified in the Record of Decision | |
for Final Environmental Impact Statement required in | |
section 6402(b)(2) as Mitigation Measures relative to | |
the passage and migration of wildlife, and also the | |
exchange of tidal flows, where applicable, in | |
accordance with applicable Federal and State design | |
standards; and | |
(D) if determined to be necessary, be constructed | |
to include appropriate safety pullouts. | |
(b) Support Facilities.--Support facilities for the road described | |
in subsection (a)(1)(A) shall not be located within the Refuge. | |
(c) Federal Permits.--It is the intent of Congress that any Federal | |
permit required for construction of the road be issued 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 | |
(B) administered in accordance with the laws | |
generally applicable to units of the National Wildlife | |
Refuge System. | |
(3) Wilderness additions.-- | |
(A) In general.--Upon completion of the land | |
exchange under section 6402(a), approximately 43,093 | |
acres of land as generally depicted on the map shall be | |
added to-- | |
(i) the Izembek National Wildlife Refuge | |
Wilderness; or | |
(ii) the Alaska Peninsula National Wildlife | |
Refuge Wilderness. | |
(B) Administration.--The land added as wilderness | |
under subparagraph (A) shall be administered by the | |
Secretary in accordance with the Wilderness Act (16 | |
U.S.C. 1131 et seq.) and other applicable laws | |
(including regulations). | |
SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION. | |
(a) Notification to Void Land Exchange.--If the Secretary, the | |
State, and the Corporation enter into the land exchange authorized | |
under section 6402(a), the State or the Corporation may notify the | |
Secretary in writing of the intention of the State or Corporation to | |
void the exchange if construction of the road through the Refuge has | |
not begun. | |
(b) Disposition of Land Exchange.--Upon the latter of the date on | |
which the Secretary receives a request under subsection (a), and the | |
date on which the Secretary determines that the Federal land conveyed | |
under the land exchange under section 6402(a) has not been adversely | |
impacted (other than any nominal impact associated with the preparation | |
of an environmental impact statement under section 6402(b)(2)), the | |
land exchange shall be null and void. | |
(c) Return of Prior Ownership Status of Federal and Non-Federal | |
Land.--If the land exchange is voided under subsection (b)-- | |
(1) the Federal land and non-Federal land shall be returned | |
to the respective ownership status of each land prior to the | |
land exchange; | |
(2) the parcel of the Federal land that is located in the | |
Refuge shall be managed as part of the Izembek National | |
Wildlife Refuge Wilderness; and | |
(3) each selection of the Corporation under the Alaska | |
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that was | |
relinquished under this subtitle shall be reinstated. | |
SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY. | |
(a) In General.--Any legislative authority for construction of a | |
road shall expire at the end of the 7-year period beginning on the date | |
of the enactment of this subtitle unless a construction permit has been | |
issued during that period. | |
(b) Extension of Authority.--If a construction permit is issued | |
within the allotted period, the 7-year authority shall be extended for | |
a period of 5 additional years beginning on the date of issuance of the | |
construction permit. | |
(c) Extension of Authority as Result of Legal Challenges.-- | |
(1) In general.--Prior to the issuance of a construction | |
permit, if a lawsuit or administrative appeal is filed | |
challenging 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. | |
Subtitle F--Wolf Livestock Loss Demonstration Project | |
SEC. 6501. 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. | |
(3) Program.--The term ``program'' means the demonstration | |
program established under section 6502(a). | |
(4) Secretaries.--The term ``Secretaries'' means the | |
Secretary of the Interior and the Secretary of Agriculture, | |
acting jointly. | |
SEC. 6502. WOLF COMPENSATION AND PREVENTION PROGRAM. | |
(a) In General.--The Secretaries shall establish a 5-year | |
demonstration program to provide grants to States and Indian tribes-- | |
(1) to assist livestock producers in undertaking proactive, | |
non-lethal activities to reduce the risk of livestock loss due | |
to predation by wolves; and | |
(2) to compensate livestock producers for livestock losses | |
due to such predation. | |
(b) Criteria and Requirements.--The Secretaries shall-- | |
(1) establish criteria and requirements to implement the | |
program; and | |
(2) when promulgating regulations to implement the program | |
under paragraph (1), consult with States that have implemented | |
State programs that provide assistance to-- | |
(A) livestock producers to undertake proactive | |
activities to reduce the risk of livestock loss due to | |
predation by wolves; or | |
(B) provide compensation to livestock producers for | |
livestock losses due to such predation. | |
(c) Eligibility.--To be eligible to receive a grant under | |
subsection (a), a State or Indian tribe shall-- | |
(1) designate an appropriate agency of the State or Indian | |
tribe to administer the 1 or more programs funded by the grant; | |
(2) establish 1 or more accounts to receive grant funds; | |
(3) maintain files of all claims received under programs | |
funded by the grant, including supporting documentation; | |
(4) submit to the Secretary-- | |
(A) annual reports that include-- | |
(i) a summary of claims and expenditures | |
under the program during the year; and | |
(ii) a description of any action taken on | |
the claims; and | |
(B) such other reports as the Secretary may require | |
to assist the Secretary in determining the | |
effectiveness of activities provided assistance under | |
this section; and | |
(5) promulgate rules for reimbursing livestock producers | |
under the program. | |
(d) Allocation of Funding.--The Secretaries shall allocate funding | |
made available to carry out this subtitle-- | |
(1) equally between the uses identified in paragraphs (1) | |
and (2) of subsection (a); and | |
(2) among States and Indian tribes based on-- | |
(A) the level of livestock predation in the State | |
or on the land owned by, or held in trust for the | |
benefit of, the Indian tribe; | |
(B) whether the State or Indian tribe is located in | |
a geographical area that is at high risk for livestock | |
predation; or | |
(C) any other factors that the Secretaries | |
determine are appropriate. | |
(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. 6503. 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. | |
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS | |
Subtitle A--Additions to the National Park System | |
SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK, NEW JERSEY. | |
(a) Definitions.--In this section: | |
(1) City.--The term ``City'' means the City of Paterson, | |
New Jersey. | |
(2) Commission.--The term ``Commission'' means the Paterson | |
Great Falls National Historical Park Advisory Commission | |
established by subsection (e)(1). | |
(3) Historic district.--The term ``Historic District'' | |
means the Great Falls Historic District in the State. | |
(4) Management plan.--The term ``management plan'' means | |
the management plan for the Park developed under subsection | |
(d). | |
(5) Map.--The term ``Map'' means the map entitled | |
``Paterson Great Falls National Historical Park-Proposed | |
Boundary'', numbered T03/80,001, and dated May 2008. | |
(6) Park.--The term ``Park'' means the Paterson Great Falls | |
National Historical Park established by subsection (b)(1)(A). | |
(7) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(8) State.--The term ``State'' means the State of New | |
Jersey. | |
(b) Paterson Great Falls National Historical Park.-- | |
(1) Establishment.-- | |
(A) In general.--Subject to subparagraph (B), there | |
is established in the State a unit of the National Park | |
System to be known as the ``Paterson Great Falls | |
National Historical Park''. | |
(B) Conditions for establishment.--The Park shall | |
not be established until the date on which the | |
Secretary determines that-- | |
(i)(I) the Secretary has acquired | |
sufficient land or an interest in land within | |
the boundary of the Park to constitute a | |
manageable unit; or | |
(II) the State or City, as appropriate, has | |
entered into a written agreement with the | |
Secretary to donate-- | |
(aa) the Great Falls State Park, | |
including facilities for Park | |
administration and visitor services; or | |
(bb) any portion of the Great Falls | |
State Park agreed to between the | |
Secretary and the State or City; and | |
(ii) the Secretary has entered into a | |
written agreement with the State, City, or | |
other public entity, as appropriate, providing | |
that-- | |
(I) land owned by the State, City, | |
or other public entity within the | |
Historic District will be managed | |
consistent with this section; and | |
(II) future uses of land within the | |
Historic District will be compatible | |
with the designation of the Park. | |
(2) Purpose.--The purpose of the Park is to preserve and | |
interpret for the benefit of present and future generations | |
certain historical, cultural, and natural resources associated | |
with the Historic District. | |
(3) Boundaries.--The Park shall include the following | |
sites, as generally depicted on the Map: | |
(A) The upper, middle, and lower raceways. | |
(B) Mary Ellen Kramer (Great Falls) Park and | |
adjacent land owned by the City. | |
(C) A portion of Upper Raceway Park, including the | |
Ivanhoe Wheelhouse and the Society for Establishing | |
Useful Manufactures Gatehouse. | |
(D) Overlook Park and adjacent land, including the | |
Society for Establishing Useful Manufactures | |
Hydroelectric Plant and Administration Building. | |
(E) The Allied Textile Printing site, including the | |
Colt Gun Mill ruins, Mallory Mill ruins, Waverly Mill | |
ruins, and Todd Mill ruins. | |
(F) The Rogers Locomotive Company Erecting Shop, | |
including the Paterson Museum. | |
(G) The Great Falls Visitor Center. | |
(4) Availability of map.--The Map shall be on file and | |
available for public inspection in the appropriate offices of | |
the National Park Service. | |
(5) Publication of notice.--Not later than 60 days after | |
the date on which the conditions in clauses (i) and (ii) of | |
paragraph (1)(B) are satisfied, the Secretary shall publish in | |
the Federal Register notice of the establishment of the Park, | |
including an official boundary map for the Park. | |
(c) Administration.-- | |
(1) In general.--The Secretary shall administer the Park in | |
accordance with-- | |
(A) this section; and | |
(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 be in the form of donated | |
property, goods, or services from a non-Federal | |
source. | |
(4) Acquisition of land.-- | |
(A) In general.--The Secretary may acquire land or | |
interests in land within the boundary of the Park by | |
donation, purchase from a willing seller with donated | |
or appropriated funds, or exchange. | |
(B) Donation of state owned land.--Land or | |
interests in land owned by the State or any political | |
subdivision of the State may only be acquired by | |
donation. | |
(5) Technical assistance and public interpretation.--The | |
Secretary may provide technical assistance and public | |
interpretation of related historic and cultural resources | |
within the boundary of the Historic District. | |
(d) Management Plan.-- | |
(1) In general.--Not later than 3 fiscal years after the | |
date on which funds are made available to carry out this | |
subsection, the Secretary, in consultation with the Commission, | |
shall complete a management plan for the Park in accordance | |
with-- | |
(A) section 12(b) of Public Law 91-383 (commonly | |
known as the ``National Park Service General | |
Authorities Act'') (16 U.S.C. 1a-7(b)); and | |
(B) other applicable laws. | |
(2) Cost share.--The management plan shall include | |
provisions that identify costs to be shared by the Federal | |
Government, the State, and the City, and other public or | |
private entities or individuals for necessary capital | |
improvements to, and maintenance and operations of, the Park. | |
(3) Submission to congress.--On completion of the | |
management plan, the Secretary shall submit the management plan | |
to-- | |
(A) the Committee on Energy and Natural Resources | |
of the Senate; and | |
(B) the Committee on Natural Resources of the House | |
of Representatives. | |
(e) Paterson Great Falls National Historical Park Advisory | |
Commission.-- | |
(1) Establishment.--There is established a commission to be | |
known as the ``Paterson Great Falls National Historical Park | |
Advisory Commission''. | |
(2) Duties.--The duties of the Commission shall be to | |
advise the Secretary in the development and implementation of | |
the management plan. | |
(3) Membership.-- | |
(A) Composition.--The Commission shall be composed | |
of 9 members, to be appointed by the Secretary, of | |
whom-- | |
(i) 4 members shall be appointed after | |
consideration of recommendations submitted by | |
the Governor of the State; | |
(ii) 2 members shall be appointed after | |
consideration of recommendations submitted by | |
the City Council of Paterson, New Jersey; | |
(iii) 1 member shall be appointed after | |
consideration of recommendations submitted by | |
the Board of Chosen Freeholders of Passaic | |
County, New Jersey; and | |
(iv) 2 members shall have experience with | |
national parks and historic preservation. | |
(B) Initial appointments.--The Secretary shall | |
appoint the initial members of the Commission not later | |
than the earlier of-- | |
(i) the date that is 30 days after the date | |
on which the Secretary has received all of the | |
recommendations for appointments under | |
subparagraph (A); or | |
(ii) the date that is 30 days after the | |
Park is established in accordance with | |
subsection (b). | |
(4) Term; vacancies.-- | |
(A) Term.-- | |
(i) In general.--A member shall be | |
appointed for a term of 3 years. | |
(ii) Reappointment.--A member may be | |
reappointed for not more than 1 additional | |
term. | |
(B) Vacancies.--A vacancy on the Commission shall | |
be filled in the same manner as the original | |
appointment was made. | |
(5) Meetings.--The Commission shall meet at the call of-- | |
(A) the Chairperson; or | |
(B) a majority of the members of the Commission. | |
(6) Quorum.--A majority of the Commission shall constitute | |
a quorum. | |
(7) Chairperson and vice chairperson.-- | |
(A) In general.--The Commission shall select a | |
Chairperson and Vice Chairperson from among the members | |
of the Commission. | |
(B) Vice chairperson.--The Vice Chairperson shall | |
serve as Chairperson in the absence of the Chairperson. | |
(C) Term.--A member may serve as Chairperson or | |
Vice Chairman for not more than 1 year in each office. | |
(8) Commission personnel matters.-- | |
(A) Compensation of members.-- | |
(i) In general.--Members of the Commission | |
shall serve without compensation. | |
(ii) Travel expenses.--Members of the | |
Commission shall be allowed travel expenses, | |
including per diem in lieu of subsistence, at | |
rates authorized for an employee of an agency | |
under subchapter I of chapter 57 of title 5, | |
United States Code, while away from the home or | |
regular place of business of the member in the | |
performance of the duties of the Commission. | |
(B) Staff.-- | |
(i) In general.--The Secretary shall | |
provide the Commission with any staff members | |
and technical assistance that the Secretary, | |
after consultation with the Commission, | |
determines to be appropriate to enable the | |
Commission to carry out the duties of the | |
Commission. | |
(ii) Detail of employees.--The Secretary | |
may accept the services of personnel detailed | |
from-- | |
(I) the State; | |
(II) any political subdivision of | |
the State; or | |
(III) any entity represented on the | |
Commission. | |
(9) FACA nonapplicability.--Section 14(b) of the Federal | |
Advisory Committee Act (5 U.S.C. App.) shall not apply to the | |
Commission. | |
(10) Termination.--The Commission shall terminate 10 years | |
after the date of enactment of this Act. | |
(f) Study of Hinchliffe Stadium.-- | |
(1) In general.--Not later than 3 fiscal years after the | |
date on which funds are made available to carry out this | |
section, the Secretary shall complete a study regarding the | |
preservation and interpretation of Hinchliffe Stadium, which is | |
listed on the National Register of Historic Places. | |
(2) Inclusions.--The study shall include an assessment of-- | |
(A) the potential for listing the stadium as a | |
National Historic Landmark; and | |
(B) options for maintaining the historic integrity | |
of Hinchliffe Stadium. | |
(g) Authorization of Appropriations.--There are authorized to be | |
appropriated such sums as are necessary to carry out this section. | |
SEC. 7002. WILLIAM JEFFERSON CLINTON BIRTHPLACE HOME NATIONAL HISTORIC | |
SITE. | |
(a) Acquisition of Property; Establishment of Historic Site.-- | |
Should the Secretary of the Interior acquire, by donation only from the | |
Clinton Birthplace Foundation, Inc., fee simple, unencumbered title to | |
the William Jefferson Clinton Birthplace Home site located at 117 South | |
Hervey Street, Hope, Arkansas, 71801, and to any personal property | |
related to that site, the Secretary shall designate the William | |
Jefferson Clinton Birthplace Home site as a National Historic Site and | |
unit of the National Park System, to be known as the ``President | |
William Jefferson Clinton Birthplace Home National Historic Site''. | |
(b) Applicability of Other Laws.--The Secretary shall administer | |
the President William Jefferson Clinton Birthplace Home National | |
Historic Site in accordance with the laws generally applicable to | |
national historic sites, including the Act entitled ``An Act to | |
establish a National Park Service, and for other purposes'', approved | |
August 25, 1916 (16 U.S.C. 1-4), and the Act entitled ``An Act to | |
provide for the preservation of historic American sites, buildings, | |
objects and antiquities of national significance, and for other | |
purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). | |
SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK. | |
(a) Establishment.-- | |
(1) In general.--If Monroe County or Wayne County, | |
Michigan, or other willing landowners in either County offer to | |
donate to the United States land relating to the Battles of the | |
River Raisin on January 18 and 22, 1813, or the aftermath of | |
the battles, the Secretary of the Interior (referred to in this | |
section as the ``Secretary'') shall accept the donated land. | |
(2) Designation of park.--On the acquisition of land under | |
paragraph (1) that is of sufficient acreage to permit efficient | |
administration, the Secretary shall designate the acquired land | |
as a unit of the National Park System, to be known as the | |
``River Raisin National Battlefield Park'' (referred to in this | |
section as the ``Park''). | |
(3) Legal description.-- | |
(A) In general.--The Secretary shall prepare a | |
legal description of the land and interests in land | |
designated as the Park by paragraph (2). | |
(B) Availability of map and legal description.--A | |
map with the legal description shall be on file and | |
available for public inspection in the appropriate | |
offices of the National Park Service. | |
(b) Administration.-- | |
(1) In general.--The Secretary shall manage the Park for | |
the purpose of preserving and interpreting the Battles of the | |
River Raisin in accordance with the National Park Service | |
Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21, | |
1935 (16 U.S.C. 461 et seq.). | |
(2) General management plan.-- | |
(A) In general.--Not later than 3 years after the | |
date on which funds are made available, the Secretary | |
shall complete a general management plan for the Park | |
that, among other things, defines the role and | |
responsibility of the Secretary with regard to the | |
interpretation and the preservation of the site. | |
(B) Consultation.--The Secretary shall consult with | |
and solicit advice and recommendations from State, | |
county, local, and civic organizations and leaders, and | |
other interested parties in the preparation of the | |
management plan. | |
(C) Inclusions.--The plan shall include-- | |
(i) consideration of opportunities for | |
involvement by and support for the Park by | |
State, county, and local governmental entities | |
and nonprofit organizations and other | |
interested parties; and | |
(ii) steps for the preservation of the | |
resources of the site and the costs associated | |
with these efforts. | |
(D) Submission to congress.--On the completion of | |
the general management plan, the Secretary shall submit | |
a copy of the plan to the Committee on Natural | |
Resources of the House of Representatives and the | |
Committee on Energy and Natural Resources of the | |
Senate. | |
(3) Cooperative agreements.--The Secretary may enter into | |
cooperative agreements with State, county, local, and civic | |
organizations to carry out this section. | |
(c) Report.--Not later than 3 years after the date of enactment of | |
this Act, the Secretary shall submit to the Committee on Energy and | |
Natural Resources of the Senate and the Committee on Natural Resources | |
of the House a report describing the progress made with respect to | |
acquiring real property under this section and designating the River | |
Raisin National Battlefield Park. | |
(d) Authorization of Appropriations.--There are authorized to be | |
appropriated such sums as are necessary to carry out this section. | |
Subtitle B--Amendments to Existing Units of the National Park System | |
SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK. | |
(a) Acquisition of Property.--Section 4 of Public Law 102-543 (16 | |
U.S.C. 410yy-3) is amended by striking subsection (d). | |
(b) Matching Funds.--Section 8(b) of Public Law 102-543 (16 U.S.C. | |
410yy-7(b)) is amended by striking ``$4'' and inserting ``$1''. | |
(c) Authorization of Appropriations.--Section 10 of Public Law 102- | |
543 (16 U.S.C. 410yy-9) is amended-- | |
(1) in subsection (a)-- | |
(A) by striking ``$25,000,000'' and inserting | |
``$50,000,000''; and | |
(B) by striking ``$3,000,000'' and inserting | |
``$25,000,000''; and | |
(2) in subsection (b), by striking ``$100,000'' and all | |
that follows through ``those duties'' and inserting | |
``$250,000''. | |
SEC. 7102. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES FOR WEIR | |
FARM NATIONAL HISTORIC SITE. | |
Section 4(d) of the Weir Farm National Historic Site Establishment | |
Act of 1990 (16 U.S.C. 461 note) is amended-- | |
(1) in paragraph (1)(B), by striking ``contiguous to'' and | |
all that follows and inserting ``within Fairfield County.''; | |
(2) by amending paragraph (2) to read as follows: | |
``(2) Development.-- | |
``(A) Maintaining natural character.--The Secretary | |
shall keep development of the property acquired under | |
paragraph (1) to a minimum so that the character of the | |
acquired property will be similar to the natural and | |
undeveloped landscape of the property described in | |
subsection (b). | |
``(B) Treatment of previously developed property.-- | |
Nothing in subparagraph (A) shall either prevent the | |
Secretary from acquiring property under paragraph (1) | |
that, prior to the Secretary's acquisition, was | |
developed in a manner inconsistent with subparagraph | |
(A), or require the Secretary to remediate such | |
previously developed property to reflect the natural | |
character described in subparagraph (A).''; and | |
(3) in paragraph (3), in the matter preceding subparagraph | |
(A), by striking ``the appropriate zoning authority'' and all | |
that follows through ``Wilton, Connecticut,'' and inserting | |
``the local governmental entity that, in accordance with | |
applicable State law, has jurisdiction over any property | |
acquired under paragraph (1)(A)''. | |
SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY EXPANSION. | |
Section 2 of the Little River Canyon National Preserve Act of 1992 | |
(16 U.S.C. 698q) is amended-- | |
(1) in subsection (b)-- | |
(A) by striking ``The Preserve'' and inserting the | |
following: | |
``(1) In general.--The Preserve''; and | |
(B) by adding at the end the following: | |
``(2) Boundary expansion.--The boundary of the Preserve is | |
modified to include the land depicted on the map entitled | |
`Little River Canyon National Preserve Proposed Boundary', | |
numbered 152/80,004, and dated December 2007.''; and | |
(2) in subsection (c), by striking ``map'' and inserting | |
``maps''. | |
SEC. 7104. HOPEWELL CULTURE NATIONAL HISTORICAL PARK BOUNDARY | |
EXPANSION. | |
Section 2 of the Act entitled ``An Act to rename and expand the | |
boundaries of the Mound City Group National Monument in Ohio'', | |
approved May 27, 1992 (106 Stat. 185), is amended-- | |
(1) by striking ``and'' at the end of subsection (a)(3); | |
(2) by striking the period at the end of subsection (a)(4) | |
and inserting ``; and''; | |
(3) by adding after subsection (a)(4) the following new | |
paragraph: | |
``(5) the map entitled `Hopewell Culture National | |
Historical Park, Ohio Proposed Boundary Adjustment' numbered | |
353/80,049 and dated June, 2006.''; and | |
(4) by adding after subsection (d)(2) the following new | |
paragraph: | |
``(3) The Secretary may acquire lands added by subsection | |
(a)(5) only from willing sellers.''. | |
SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY | |
ADJUSTMENT. | |
(a) In General.--Section 901 of the National Parks and Recreation | |
Act of 1978 (16 U.S.C. 230) is amended in the second sentence by | |
striking ``of approximately twenty thousand acres generally depicted on | |
the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical | |
Park and Preserve' numbered 90,000B and dated April 1978,'' and | |
inserting ``generally depicted on the map entitled `Boundary Map, | |
Barataria Preserve Unit, Jean Lafitte National Historical Park and | |
Preserve', numbered 467/80100A, and dated December 2007,''. | |
(b) Acquisition of Land.--Section 902 of the National Parks and | |
Recreation Act of 1978 (16 U.S.C. 230a) is amended-- | |
(1) in subsection (a)-- | |
(A) by striking ``(a) Within the'' and all that | |
follows through the first sentence and inserting the | |
following: | |
``(a) In General.-- | |
``(1) Barataria preserve unit.-- | |
``(A) In general.--The Secretary may acquire any | |
land, water, and interests in land and water within the | |
Barataria Preserve Unit by donation, purchase with | |
donated or appropriated funds, transfer from any other | |
Federal agency, or exchange. | |
``(B) Limitations.-- | |
``(i) In general.--Any non-Federal land | |
depicted on the map described in section 901 as | |
`Lands Proposed for Addition' may be acquired | |
by the Secretary only with the consent of the | |
owner of the land. | |
``(ii) Boundary adjustment.--On the date on | |
which the Secretary acquires a parcel of land | |
described in clause (i), the boundary of the | |
Barataria Preserve Unit shall be adjusted to | |
reflect the acquisition. | |
``(iii) Easements.--To ensure adequate | |
hurricane protection of the communities located | |
in the area, any land identified on the map | |
described in section 901 that is acquired or | |
transferred shall be subject to any easements | |
that have been agreed to by the Secretary and | |
the Secretary of the Army. | |
``(C) Transfer of administration jurisdiction.-- | |
Effective on the date of enactment of the Omnibus | |
Public Land Management Act of 2009, administrative | |
jurisdiction over any Federal land within the areas | |
depicted on the map described in section 901 as `Lands | |
Proposed for Addition' is transferred, without | |
consideration, to the administrative jurisdiction of | |
the National Park Service, to be administered as part | |
of the Barataria Preserve Unit.''; | |
(B) in the second sentence, by striking ``The | |
Secretary may also acquire by any of the foregoing | |
methods'' and inserting the following: | |
``(2) French quarter.--The Secretary may acquire by any of | |
the methods referred to in paragraph (1)(A)''; | |
(C) in the third sentence, by striking ``Lands, | |
waters, and interests therein'' and inserting the | |
following: | |
``(3) Acquisition of state land.--Land, water, and | |
interests in land and water''; and | |
(D) in the fourth sentence, by striking ``In | |
acquiring'' and inserting the following: | |
``(4) Acquisition of oil and gas rights.--In acquiring''; | |
(2) by striking subsections (b) through (f) and inserting | |
the following: | |
``(b) Resource Protection.--With respect to the land, water, and | |
interests in land and water of the Barataria Preserve Unit, the | |
Secretary shall preserve and protect-- | |
``(1) fresh water drainage patterns; | |
``(2) vegetative cover; | |
``(3) the integrity of ecological and biological systems; | |
and | |
``(4) water and air quality. | |
``(c) Adjacent Land.--With the consent of the owner and the parish | |
governing authority, the Secretary may-- | |
``(1) acquire land, water, and interests in land and water, | |
by any of the methods referred to in subsection (a)(1)(A) | |
(including use of appropriations from the Land and Water | |
Conservation Fund); and | |
``(2) revise the boundaries of the Barataria Preserve Unit | |
to include adjacent land and water.''; and | |
(3) by redesignating subsection (g) as subsection (d). | |
(c) Definition of Improved Property.--Section 903 of the National | |
Parks and Recreation Act of 1978 (16 U.S.C. 230b) is amended in the | |
fifth sentence by inserting ``(or January 1, 2007, for areas added to | |
the park after that date)'' after ``January 1, 1977''. | |
(d) Hunting, Fishing, and Trapping.--Section 905 of the National | |
Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the | |
first sentence by striking ``, except that within the core area and on | |
those lands acquired by the Secretary pursuant to section 902(c) of | |
this title, he'' and inserting ``on land, and interests in land and | |
water managed by the Secretary, except that the Secretary''. | |
(e) Administration.--Section 906 of the National Parks and | |
Recreation Act of 1978 (16 U.S.C. 230e) is amended-- | |
(1) by striking the first sentence; and | |
(2) in the second sentence, by striking ``Pending such | |
establishment and thereafter the'' and inserting ``The''. | |
(f) References in Law.-- | |
(1) In general.--Any reference in a law (including | |
regulations), map, document, paper, or other record of the | |
United States-- | |
(A) to the Barataria Marsh Unit shall be considered | |
to be a reference to the Barataria Preserve Unit; or | |
(B) to the Jean Lafitte National Historical Park | |
shall be considered to be a reference to the Jean | |
Lafitte National Historical Park and Preserve. | |
(2) Conforming amendments.--Title IX of the National Parks | |
and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended-- | |
(A) by striking ``Barataria Marsh Unit'' each place | |
it appears and inserting ``Barataria Preserve Unit''; | |
and | |
(B) by striking ``Jean Lafitte National Historical | |
Park'' each place it appears and inserting ``Jean | |
Lafitte National Historical Park and Preserve''. | |
SEC. 7106. MINUTE MAN NATIONAL HISTORICAL PARK. | |
(a) Definitions.--In this section: | |
(1) Map.--The term ``map'' means the map entitled ``Minute | |
Man National Historical Park Proposed Boundary'', numbered 406/ | |
81001, and dated July 2007. | |
(2) Park.--The term ``Park'' means the Minute Man National | |
Historical Park in the State of Massachusetts. | |
(3) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(b) Minute Man National Historical Park.-- | |
(1) Boundary adjustment.-- | |
(A) In general.--The boundary of the Park is | |
modified to include the area generally depicted on the | |
map. | |
(B) Availability of map.--The map shall be on file | |
and available for inspection in the appropriate offices | |
of the National Park Service. | |
(2) Acquisition of land.--The Secretary may acquire the | |
land or an interest in the land described in paragraph (1)(A) | |
by-- | |
(A) purchase from willing sellers with donated or | |
appropriated funds; | |
(B) donation; or | |
(C) exchange. | |
(3) Administration of land.--The Secretary shall administer | |
the land added to the Park under paragraph (1)(A) in accordance | |
with applicable laws (including regulations). | |
(c) Authorization of Appropriations.--There are authorized to be | |
appropriated such sums as are necessary to carry out this section. | |
SEC. 7107. EVERGLADES NATIONAL PARK. | |
(a) Inclusion of Tarpon Basin Property.-- | |
(1) Definitions.--In this subsection: | |
(A) Hurricane hole.--The term ``Hurricane Hole'' | |
means the natural salt-water body of water within the | |
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. | |
(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 the non-Federal land generally depicted on | |
the map as ``Tract D'', and the offer is acceptable to | |
the Secretary, the Secretary may, subject to valid | |
existing rights, accept the offer and convey to the | |
Company all right, title, and interest of the United | |
States in and to the Federal land generally depicted on | |
the map as ``Tract B'', along with a perpetual easement | |
on a corridor of land contiguous to Tract B for the | |
purpose of vegetation management. | |
(B) Conditions.--The land exchange under | |
subparagraph (A) shall be subject to such terms and | |
conditions as the Secretary may require. | |
(C) Valuation.-- | |
(i) In general.--The values of the land | |
involved in the land exchange under | |
subparagraph (A) shall be equal unless the non- | |
Federal land is of higher value than the | |
Federal land. | |
(ii) Equalization.--If the values of the | |
land are not equal, the values may be equalized | |
by donation, payment using donated or | |
appropriated funds, or the conveyance of | |
additional parcels of land. | |
(D) Appraisal.--Before the exchange of land under | |
subparagraph (A), appraisals for the Federal and non- | |
Federal land shall be conducted in accordance with the | |
Uniform Appraisal Standards for Federal Land | |
Acquisitions and the Uniform Standards of Professional | |
Appraisal Practice. | |
(E) Technical corrections.--Subject to the | |
agreement of the Company, the Secretary may make minor | |
corrections to correct technical and clerical errors in | |
the legal descriptions of the Federal and non-Federal | |
land and minor adjustments to the boundaries of the | |
Federal and non-Federal land. | |
(F) Administration of land acquired by secretary.-- | |
Land acquired by the Secretary under subparagraph (A) | |
shall-- | |
(i) become part of the National Park; and | |
(ii) be administered in accordance with the | |
laws applicable to the National Park System. | |
(4) Map.--The map shall be on file and available for public | |
inspection in the appropriate offices of the National Park | |
Service. | |
(5) Boundary revision.--On completion of the land exchanges | |
authorized by this subsection, the Secretary shall adjust the | |
boundary of the National Park accordingly, including removing | |
the land conveyed out of Federal ownership. | |
SEC. 7108. KALAUPAPA NATIONAL HISTORICAL PARK. | |
(a) In General.--The Secretary of the Interior shall authorize Ka | |
`Ohana O Kalaupapa, a non-profit organization consisting of patient | |
residents at Kalaupapa National Historical Park, and their family | |
members and friends, to establish a memorial at a suitable location or | |
locations approved by the Secretary at Kalawao or Kalaupapa within the | |
boundaries of Kalaupapa National Historical Park located on the island | |
of Molokai, in the State of Hawaii, to honor and perpetuate the memory | |
of those individuals who were forcibly relocated to Kalaupapa Peninsula | |
from 1866 to 1969. | |
(b) Design.-- | |
(1) In general.--The memorial authorized by subsection (a) | |
shall-- | |
(A) display in an appropriate manner the names of | |
the first 5,000 individuals sent to the Kalaupapa | |
Peninsula between 1866 and 1896, most of whom lived at | |
Kalawao; and | |
(B) display in an appropriate manner the names of | |
the approximately 3,000 individuals who arrived at | |
Kalaupapa in the second part of its history, when most | |
of the community was concentrated on the Kalaupapa side | |
of the peninsula. | |
(2) Approval.--The location, size, design, and inscriptions | |
of the memorial authorized by subsection (a) shall be subject | |
to the approval of the Secretary of the Interior. | |
(c) Funding.--Ka `Ohana O Kalaupapa, a nonprofit organization, | |
shall be solely responsible for acceptance of contributions for and | |
payment of the expenses associated with the establishment of the | |
memorial. | |
SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA. | |
(a) Cooperative Agreements.--Section 1029(d) of the Omnibus Parks | |
and Public Lands Management Act of 1996 (16 U.S.C. 460kkk(d)) is | |
amended by striking paragraph (3) and inserting the following: | |
``(3) Agreements.-- | |
``(A) Definition of eligible entity.--In this | |
paragraph, the term `eligible entity' means-- | |
``(i) the Commonwealth of Massachusetts; | |
``(ii) a political subdivision of the | |
Commonwealth of Massachusetts; or | |
``(iii) any other entity that is a member | |
of the Boston Harbor Islands Partnership | |
described in subsection (e)(2). | |
``(B) Authority of secretary.--Subject to | |
subparagraph (C), the Secretary may consult with an | |
eligible entity on, and enter into with the eligible | |
entity-- | |
``(i) a cooperative management agreement to | |
acquire from, and provide to, the eligible | |
entity goods and services for the cooperative | |
management of land within the recreation area; | |
and | |
``(ii) notwithstanding section 6305 of | |
title 31, United States Code, a cooperative | |
agreement for the construction of recreation | |
area facilities on land owned by an eligible | |
entity for purposes consistent with the | |
management plan under subsection (f). | |
``(C) Conditions.--The Secretary may enter into an | |
agreement with an eligible entity under subparagraph | |
(B) only if the Secretary determines that-- | |
``(i) appropriations for carrying out the | |
purposes of the agreement are available; and | |
``(ii) the agreement is in the best | |
interests of the United States.''. | |
(b) Technical Amendments.-- | |
(1) Membership.--Section 1029(e)(2)(B) of the Omnibus Parks | |
and Public Lands Management Act of 1996 (16 U.S.C. | |
460kkk(e)(2)(B)) is amended by striking ``Coast Guard'' and | |
inserting ``Coast Guard.''. | |
(2) Donations.--Section 1029(e)(11) of the Omnibus Parks | |
and Public Lands Management Act of 1996 (16 U.S.C. | |
460kkk(e)(11)) is amended by striking ``Nothwithstanding'' and | |
inserting ``Notwithstanding''. | |
SEC. 7110. THOMAS EDISON NATIONAL HISTORICAL PARK, NEW JERSEY. | |
(a) Purposes.--The purposes of this section are-- | |
(1) to recognize and pay tribute to Thomas Alva Edison and | |
his innovations; and | |
(2) to preserve, protect, restore, and enhance the Edison | |
National Historic Site to ensure public use and enjoyment of | |
the Site as an educational, scientific, and cultural center. | |
(b) Establishment.-- | |
(1) In general.--There is established the Thomas Edison | |
National Historical Park as a unit of the National Park System | |
(referred to in this section as the ``Historical Park''). | |
(2) Boundaries.--The Historical Park shall be comprised of | |
all property owned by the United States in the Edison National | |
Historic Site as well as all property authorized to be acquired | |
by the Secretary of the Interior (referred to in this section | |
as the ``Secretary'') for inclusion in the Edison National | |
Historic Site before the date of the enactment of this Act, as | |
generally depicted on the map entitled the ``Thomas Edison | |
National Historical Park'', numbered 403/80,000, and dated | |
April 2008. | |
(3) Map.--The map of the Historical Park shall be on file | |
and available for public inspection in the appropriate offices | |
of the National Park Service. | |
(c) Administration.-- | |
(1) In general.--The Secretary shall administer the | |
Historical Park in accordance with this section and with the | |
provisions of law generally applicable to units of the National | |
Park System, including the Acts entitled ``An Act to establish | |
a National Park Service, and for other purposes,'' approved | |
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and ``An | |
Act to provide for the preservation of historic American sites, | |
buildings, objects, and antiquities of national significance, | |
and for other purposes,'' approved August 21, 1935 (16 U.S.C. | |
461 et seq.). | |
(2) Acquisition of property.-- | |
(A) Real property.--The Secretary may acquire land | |
or interests in land within the boundaries of the | |
Historical Park, from willing sellers only, by | |
donation, purchase with donated or appropriated funds, | |
or exchange. | |
(B) Personal property.--The Secretary may acquire | |
personal property associated with, and appropriate for, | |
interpretation of the Historical Park. | |
(3) Cooperative agreements.--The Secretary may consult and | |
enter into cooperative agreements with interested entities and | |
individuals to provide for the preservation, development, | |
interpretation, and use of the Historical Park. | |
(4) Repeal of superseded law.--Public Law 87-628 (76 Stat. | |
428), regarding the establishment and administration of the | |
Edison National Historic Site, is repealed. | |
(5) References.--Any reference in a law, map, regulation, | |
document, paper, or other record of the United States to the | |
``Edison National Historic Site'' shall be deemed to be a | |
reference to the ``Thomas Edison National Historical Park''. | |
(d) Authorization of Appropriations.--There is authorized to be | |
appropriated such sums as may be necessary to carry out this section. | |
SEC. 7111. WOMEN'S RIGHTS NATIONAL HISTORICAL PARK. | |
(a) Votes for Women Trail.--Title XVI of Public Law 96-607 (16 | |
U.S.C. 410ll) is amended by adding at the end the following: | |
``SEC. 1602. VOTES FOR WOMEN TRAIL. | |
``(a) Definitions.--In this section: | |
``(1) Park.--The term `Park' means the Women's Rights | |
National Historical Park established by section 1601. | |
``(2) Secretary.--The term `Secretary' means the Secretary | |
of the Interior, acting through the Director of the National | |
Park Service. | |
``(3) State.--The term `State' means the State of New York. | |
``(4) Trail.--The term `Trail' means the Votes for Women | |
History Trail Route designated under subsection (b). | |
``(b) Establishment of Trail Route.--The Secretary, with | |
concurrence of the agency having jurisdiction over the relevant roads, | |
may designate a vehicular tour route, to be known as the `Votes for | |
Women History Trail Route', to link properties in the State that are | |
historically and thematically associated with the struggle for women's | |
suffrage in the United States. | |
``(c) Administration.--The Trail shall be administered by the | |
National Park Service through the Park. | |
``(d) Activities.--To facilitate the establishment of the Trail and | |
the dissemination of information regarding the Trail, the Secretary | |
shall-- | |
``(1) produce and disseminate appropriate educational | |
materials regarding the Trail, such as handbooks, maps, | |
exhibits, signs, interpretive guides, and electronic | |
information; | |
``(2) coordinate the management, planning, and standards of | |
the Trail in partnership with participating properties, other | |
Federal agencies, and State and local governments; | |
``(3) create and adopt an official, uniform symbol or | |
device to mark the Trail; and | |
``(4) issue guidelines for the use of the symbol or device | |
adopted under paragraph (3). | |
``(e) Elements of Trail Route.--Subject to the consent of the owner | |
of the property, the Secretary may designate as an official stop on the | |
Trail-- | |
``(1) all units and programs of the Park relating to the | |
struggle for women's suffrage; | |
``(2) other Federal, State, local, and privately owned | |
properties that the Secretary determines have a verifiable | |
connection to the struggle for women's suffrage; and | |
``(3) other governmental and nongovernmental facilities and | |
programs of an educational, commemorative, research, or | |
interpretive nature that the Secretary determines to be | |
directly related to the struggle for women's suffrage. | |
``(f) Cooperative Agreements and Memoranda of Understanding.-- | |
``(1) In general.--To facilitate the establishment of the | |
Trail and to ensure effective coordination of the Federal and | |
non-Federal properties designated as stops along the Trail, the | |
Secretary may enter into cooperative agreements and memoranda | |
of understanding with, and provide technical and financial | |
assistance to, other Federal agencies, the State, localities, | |
regional governmental bodies, and private entities. | |
``(2) Authorization of appropriations.--There are | |
authorized to be appropriated to the Secretary such sums as are | |
necessary for the period of fiscal years 2009 through 2013 to | |
provide financial assistance to cooperating entities pursuant | |
to agreements or memoranda entered into under paragraph (1).''. | |
(b) National Women's Rights History Project National Registry.-- | |
(1) In general.--The Secretary of the Interior (referred to | |
in this section as the ``Secretary'') may make annual grants to | |
State historic preservation offices for not more than 5 years | |
to assist the State historic preservation offices in surveying, | |
evaluating, and nominating to the National Register of Historic | |
Places women's rights history properties. | |
(2) Eligibility.--In making grants under paragraph (1), the | |
Secretary shall give priority to grants relating to properties | |
associated with the multiple facets of the women's rights | |
movement, such as politics, economics, education, religion, and | |
social and family rights. | |
(3) Updates.--The Secretary shall ensure that the National | |
Register travel itinerary website entitled ``Places Where Women | |
Made History'' is updated to contain-- | |
(A) the results of the inventory conducted under | |
paragraph (1); and | |
(B) any links to websites related to places on the | |
inventory. | |
(4) Cost-sharing requirement.--The Federal share of the | |
cost of any activity carried out using any assistance made | |
available under this subsection shall be 50 percent. | |
(5) Authorization of appropriations.--There is authorized | |
to be appropriated to the Secretary to carry out this | |
subsection $1,000,000 for each of fiscal years 2009 through | |
2013. | |
(c) National Women's Rights History Project Partnerships Network.-- | |
(1) Grants.--The Secretary may make matching grants and | |
give technical assistance for development of a network of | |
governmental and nongovernmental entities (referred to in this | |
subsection as the ``network''), the purpose of which is to | |
provide interpretive and educational program development of | |
national women's rights history, including historic | |
preservation. | |
(2) Management of network.-- | |
(A) In general.--The Secretary shall, through a | |
competitive process, designate a nongovernmental | |
managing network to manage the network. | |
(B) Coordination.--The nongovernmental managing | |
entity designated under subparagraph (A) shall work in | |
partnership with the Director of the National Park | |
Service and State historic preservation offices to | |
coordinate operation of the network. | |
(3) Cost-sharing requirement.-- | |
(A) In general.--The Federal share of the cost of | |
any activity carried out using any assistance made | |
available under this subsection shall be 50 percent. | |
(B) State historic preservation offices.--Matching | |
grants for historic preservation specific to the | |
network may be made available through State historic | |
preservation offices. | |
(4) Authorization of appropriations.--There is authorized | |
to be appropriated to the Secretary to carry out this | |
subsection $1,000,000 for each of fiscal years 2009 through | |
2013. | |
SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE. | |
(a) Definitions.--In this section: | |
(1) Historic site.--The term ``historic site'' means the | |
Martin Van Buren National Historic Site in the State of New | |
York established by Public Law 93-486 (16 U.S.C. 461 note) on | |
October 26, 1974. | |
(2) Map.--The term ``map'' means the map entitled | |
``Boundary Map, Martin Van Buren National Historic Site'', | |
numbered ``460/80801'', and dated January 2005. | |
(3) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(b) Boundary Adjustments to the Historic Site.-- | |
(1) Boundary adjustment.--The boundary of the historic site | |
is adjusted to include approximately 261 acres of land | |
identified as the ``PROPOSED PARK BOUNDARY'', as generally | |
depicted on the map. | |
(2) Acquisition authority.--The Secretary may acquire the | |
land and any interests in the land described in paragraph (1) | |
from willing sellers by donation, purchase with donated or | |
appropriated funds, or exchange. | |
(3) Availability of map.--The map shall be on file and | |
available for public inspection in the appropriate offices of | |
the National Park Service. | |
(4) Administration.--Land acquired for the historic site | |
under this section shall be administered as part of the | |
historic site in accordance with applicable law (including | |
regulations). | |
(c) Authorization of Appropriations.--There are authorized to be | |
appropriated such sums as are necessary to carry out this section. | |
SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK. | |
(a) Designation of Palo Alto Battlefield National Historical | |
Park.-- | |
(1) In general.--The Palo Alto Battlefield National | |
Historic Site shall be known and designated as the ``Palo Alto | |
Battlefield National Historical Park''. | |
(2) References.--Any reference in a law, map, regulation, | |
document, paper, or other record of the United States to the | |
historic site referred to in subsection (a) shall be deemed to | |
be a reference to the Palo Alto Battlefield National Historical | |
Park. | |
(3) Conforming amendments.--The Palo Alto Battlefield | |
National Historic Site Act of 1991 (16 U.S.C. 461 note; Public | |
Law 102-304) is amended-- | |
(A) by striking ``National Historic Site'' each | |
place it appears and inserting ``National Historical | |
Park''; | |
(B) in the heading for section 3, by striking | |
``national historic site'' and inserting ``national | |
historical park''; and | |
(C) by striking ``historic site'' each place it | |
appears and inserting ``historical park''. | |
(b) Boundary Expansion, Palo Alto Battlefield National Historical | |
Park, Texas.--Section 3(b) of the Palo Alto Battlefield National | |
Historic Site Act of 1991 (16 U.S.C. 461 note; Public Law 102-304) (as | |
amended by subsection (a)) is amended-- | |
(1) in paragraph (1), by striking ``(1) The historical | |
park'' and inserting the following: | |
``(1) In general.--The historical park''; | |
(2) by redesignating paragraph (2) as paragraph (3); | |
(3) by inserting after paragraph (1) the following: | |
``(2) Additional land.-- | |
``(A) In general.--In addition to the land | |
described in paragraph (1), the historical park shall | |
consist of approximately 34 acres of land, as generally | |
depicted on the map entitled `Palo Alto Battlefield NHS | |
Proposed Boundary Expansion', numbered 469/80,012, and | |
dated May 21, 2008. | |
``(B) Availability of map.--The map described in | |
subparagraph (A) shall be on file and available for | |
public inspection in the appropriate offices of the | |
National Park Service.''; and | |
(4) in paragraph (3) (as redesignated by paragraph (2))-- | |
(A) by striking ``(3) Within'' and inserting the | |
following: | |
``(3) Legal description.--Not later than''; and | |
(B) in the second sentence, by striking ``map | |
referred to in paragraph (1)'' and inserting ``maps | |
referred to in paragraphs (1) and (2)''. | |
SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORICAL PARK. | |
(a) Designation.--The Abraham Lincoln Birthplace National Historic | |
Site in the State of Kentucky shall be known and designated as the | |
``Abraham Lincoln Birthplace National Historical Park''. | |
(b) References.--Any reference in a law, map, regulation, document, | |
paper, or other record of the United States to the Abraham Lincoln | |
Birthplace National Historic Site shall be deemed to be a reference to | |
the ``Abraham Lincoln Birthplace National Historical Park''. | |
SEC. 7115. NEW RIVER GORGE NATIONAL RIVER. | |
Section 1106 of the National Parks and Recreation Act of 1978 (16 | |
U.S.C. 460m-20) is amended in the first sentence by striking ``may'' | |
and inserting ``shall''. | |
SEC. 7116. TECHNICAL CORRECTIONS. | |
(a) Gaylord Nelson Wilderness.-- | |
(1) Redesignation.--Section 140 of division E of the | |
Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note; | |
Public Law 108-447), is amended-- | |
(A) in subsection (a), by striking ``Gaylord A. | |
Nelson'' and inserting ``Gaylord Nelson''; and | |
(B) in subsection (c)(4), by striking ``Gaylord A. | |
Nelson Wilderness'' and inserting ``Gaylord Nelson | |
Wilderness''. | |
(2) References.--Any reference in a law, map, regulation, | |
document, paper, or other record of the United States to the | |
``Gaylord A. Nelson Wilderness'' shall be deemed to be a | |
reference to the ``Gaylord Nelson Wilderness''. | |
(b) Arlington House Land Transfer.--Section 2863(h)(1) of Public | |
Law 107-107 (115 Stat. 1333) is amended by striking ``the George | |
Washington Memorial Parkway'' and inserting ``Arlington House, The | |
Robert E. Lee Memorial,''. | |
(c) Cumberland Island Wilderness.--Section 2(a)(1) of Public Law | |
97-250 (16 U.S.C. 1132 note; 96 Stat. 709) is amended by striking | |
``numbered 640/20,038I, and dated September 2004'' and inserting | |
``numbered 640/20,038K, and dated September 2005''. | |
(d) Petrified Forest Boundary.--Section 2(1) of the Petrified | |
Forest National Park Expansion Act of 2004 (16 U.S.C. 119 note; Public | |
Law 108-430) is amended by striking ``numbered 110/80,044, and dated | |
July 2004'' and inserting ``numbered 110/80,045, and dated January | |
2005''. | |
(e) Commemorative Works Act.--Chapter 89 of title 40, United States | |
Code, is amended-- | |
(1) in section 8903(d), by inserting ``Natural'' before | |
``Resources''; | |
(2) in section 8904(b), by inserting ``Advisory'' before | |
``Commission''; and | |
(3) in section 8908(b)(1)-- | |
(A) in the first sentence, by inserting | |
``Advisory'' before ``Commission''; and | |
(B) in the second sentence, by striking ``House | |
Administration'' and inserting ``Natural Resources''. | |
(f) Captain John Smith Chesapeake National Historic Trail.--Section | |
5(a)(25)(A) of the National Trails System Act (16 U.S.C. | |
1244(a)(25)(A)) is amended by striking ``The John Smith'' and inserting | |
``The Captain John Smith''. | |
(g) Delaware National Coastal Special Resource Study.--Section 604 | |
of the Delaware National Coastal Special Resources Study Act (Public | |
Law 109-338; 120 Stat. 1856) is amended by striking ``under section | |
605''. | |
(h) Use of Recreation Fees.--Section 808(a)(1)(F) of the Federal | |
Lands Recreation Enhancement Act (16 U.S.C. 6807(a)(1)(F)) is amended | |
by striking ``section 6(a)'' and inserting ``section 806(a)''. | |
(i) Crossroads of the American Revolution National Heritage Area.-- | |
Section 297F(b)(2)(A) of the Crossroads of the American Revolution | |
National Heritage Area Act of 2006 (Public Law 109-338; 120 Stat. 1844) | |
is amended by inserting ``duties'' before ``of the''. | |
(j) Cuyahoga Valley National Park.--Section 474(12) of the | |
Consolidated Natural Resources Act of 2008 (Public Law 1110-229; 122 | |
Stat. 827) is amended by striking ``Cayohoga'' each place it appears | |
and inserting ``Cuyahoga''. | |
(k) Pennsylvania Avenue National Historic Site.-- | |
(1) Name on map.--Section 313(d)(1)(B) of the Department of | |
the Interior and Related Agencies Appropriations Act, 1996 | |
(Public Law 104-134; 110 Stat. 1321-199; 40 U.S.C. 872 note) is | |
amended by striking ``map entitled `Pennsylvania Avenue | |
National Historic Park', dated June 1, 1995, and numbered 840- | |
82441'' and inserting ``map entitled `Pennsylvania Avenue | |
National Historic Site', dated August 25, 2008, and numbered | |
840-82441B''. | |
(2) References.--Any reference in a law, map, regulation, | |
document, paper, or other record of the United States to the | |
Pennsylvania Avenue National Historic Park shall be deemed to | |
be a reference to the ``Pennsylvania Avenue National Historic | |
Site''. | |
SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK, OHIO. | |
(a) Additional Areas Included in Park.--Section 101 of the Dayton | |
Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww, et seq.) | |
is amended by adding at the end the following: | |
``(c) Additional Sites.--In addition to the sites described in | |
subsection (b), the park shall consist of the following sites, as | |
generally depicted on a map titled `Dayton Aviation Heritage National | |
Historical Park', numbered 362/80,013 and dated May 2008: | |
``(1) Hawthorn Hill, Oakwood, Ohio. | |
``(2) The Wright Company factory and associated land and | |
buildings, Dayton, Ohio.''. | |
(b) Protection of Historic Properties.--Section 102 of the Dayton | |
Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww-1) is | |
amended-- | |
(1) in subsection (a), by inserting ``Hawthorn Hill, the | |
Wright Company factory,'' after ``, acquire''; | |
(2) in subsection (b), by striking ``Such agreements'' and | |
inserting: | |
``(d) Conditions.--Cooperative agreements under this section''; | |
(3) by inserting before subsection (d) (as added by | |
paragraph 2) the following: | |
``(c) Cooperative Agreements.--The Secretary is authorized to enter | |
into a cooperative agreement with a partner or partners, including the | |
Wright Family Foundation, to operate and provide programming for | |
Hawthorn Hill and charge reasonable fees notwithstanding any other | |
provision of law, which may be used to defray the costs of park | |
operation and programming.''; and | |
(4) by striking ``Commission'' and inserting ``Aviation | |
Heritage Foundation''. | |
(c) Grant Assistance.--The Dayton Aviation Heritage Preservation | |
Act of 1992, is amended-- | |
(1) by redesignating subsection (b) of section 108 as | |
subsection (c); and | |
(2) by inserting after subsection (a) of section 108 the | |
following new subsection: | |
``(b) Grant Assistance.--The Secretary is authorized to make grants | |
to the parks' partners, including the Aviation Trail, Inc., the Ohio | |
Historical Society, and Dayton History, for projects not requiring | |
Federal involvement other than providing financial assistance, subject | |
to the availability of appropriations in advance identifying the | |
specific partner grantee and the specific project. Projects funded | |
through these grants shall be limited to construction and development | |
on non-Federal property within the boundaries of the park. Any project | |
funded by such a grant shall support the purposes of the park, shall be | |
consistent with the park's general management plan, and shall enhance | |
public use and enjoyment of the park.''. | |
(d) National Aviation Heritage Area.--Title V of division J of the | |
Consolidated Appropriations Act, 2005 (16 U.S.C. 461 note; Public Law | |
108-447), is amended-- | |
(1) in section 503(3), by striking ``104'' and inserting | |
``504''; | |
(2) in section 503(4), by striking ``106'' and inserting | |
``506''; | |
(3) in section 504, by striking subsection (b)(2) and by | |
redesignating subsection (b)(3) as subsection (b)(2); and | |
(4) in section 505(b)(1), by striking ``106'' and inserting | |
``506''. | |
SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE. | |
Public Law 87-213 (16 U.S.C. 461 note) is amended as follows: | |
(1) In the first section-- | |
(A) by striking ``the Secretary of the Interior'' | |
and inserting ``(a) The Secretary of the Interior''; | |
(B) by striking ``476 acres'' and inserting ``646 | |
acres''; and | |
(C) by adding at the end the following: | |
``(b) The Secretary may acquire from willing sellers land | |
comprising approximately 55 acres, as depicted on the map titled `Fort | |
Davis Proposed Boundary Expansion', numbered 418/80,045, and dated | |
April 2008. The map shall be on file and available for public | |
inspection in the appropriate offices of the National Park Service. | |
Upon acquisition of the land, the land shall be incorporated into the | |
Fort Davis National Historic Site.''. | |
(2) By repealing section 3. | |
Subtitle C--Special Resource Studies | |
SEC. 7201. WALNUT CANYON STUDY. | |
(a) Definitions.--In this section: | |
(1) Map.--The term ``map'' means the map entitled ``Walnut | |
Canyon Proposed Study Area'' and dated July 17, 2007. | |
(2) Secretaries.--The term ``Secretaries'' means the | |
Secretary of the Interior and the Secretary of Agriculture, | |
acting jointly. | |
(3) Study area.--The term ``study area'' means the area | |
identified on the map as the ``Walnut Canyon Proposed Study | |
Area''. | |
(b) Study.-- | |
(1) In general.--The Secretaries shall conduct a study of | |
the study area to assess-- | |
(A) the suitability and feasibility of designating | |
all or part of the study area as an addition to Walnut | |
Canyon National Monument, in accordance with section | |
8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)); | |
(B) continued management of the study area by the | |
Forest Service; or | |
(C) any other designation or management option that | |
would provide for-- | |
(i) protection of resources within the | |
study area; and | |
(ii) continued access to, and use of, the | |
study area by the public. | |
(2) Consultation.--The Secretaries shall provide for public | |
comment in the preparation of the study, including consultation | |
with appropriate Federal, State, and local governmental | |
entities. | |
(3) Report.--Not later than 18 months after the date on | |
which funds are made available to carry out this section, the | |
Secretaries shall submit to the Committee on Energy and Natural | |
Resources of the Senate and the Committee on Natural Resources | |
of the House of Representatives a report that describes-- | |
(A) the results of the study; and | |
(B) any recommendations of the Secretaries. | |
(4) Authorization of appropriations.--There are authorized | |
to be appropriated such sums as are necessary to carry out this | |
section. | |
SEC. 7202. TULE LAKE SEGREGATION CENTER, CALIFORNIA. | |
(a) Study.-- | |
(1) In general.--The Secretary of the Interior (referred to | |
in this section as the ``Secretary'') shall conduct a special | |
resource study of the Tule Lake Segregation Center to determine | |
the national significance of the site and the suitability and | |
feasibility of including the site in the National Park System. | |
(2) Study guidelines.--The study shall be conducted in | |
accordance with the criteria for the study of areas for | |
potential inclusion in the National Park System under section 8 | |
of Public Law 91-383 (16 U.S.C. 1a-5). | |
(3) Consultation.--In conducting the study, the Secretary | |
shall consult with-- | |
(A) Modoc County; | |
(B) the State of California; | |
(C) appropriate Federal agencies; | |
(D) tribal and local government entities; | |
(E) private and nonprofit organizations; and | |
(F) private landowners. | |
(4) Scope of study.--The study shall include an evaluation | |
of-- | |
(A) the significance of the site as a part of the | |
history of World War II; | |
(B) the significance of the site as the site | |
relates to other war relocation centers;. | |
(C) the historical resources of the site, including | |
the stockade, that are intact and in place; | |
(D) the contributions made by the local | |
agricultural community to the World War II effort; and | |
(E) the potential impact of designation of the site | |
as a unit of the National Park System on private | |
landowners. | |
(b) Report.--Not later than 3 years after the date on which funds | |
are made available to conduct the study required under this section, | |
the Secretary shall submit to the Committee on Natural Resources of the | |
House of Representatives and the Committee on Energy and Natural | |
Resources of the Senate a report describing the findings, conclusions, | |
and recommendations of the study. | |
SEC. 7203. ESTATE GRANGE, ST. CROIX. | |
(a) Study.-- | |
(1) In general.--The Secretary of the Interior (referred to | |
in this section as the ``Secretary''), in consultation with the | |
Governor of the Virgin Islands, shall conduct a special | |
resource study of Estate Grange and other sites and resources | |
associated with Alexander Hamilton's life on St. Croix in the | |
United States Virgin Islands. | |
(2) Contents.--In conducting the study under paragraph (1), | |
the Secretary shall evaluate-- | |
(A) the national significance of the sites and | |
resources; and | |
(B) the suitability and feasibility of designating | |
the sites and resources as a unit of the National Park | |
System. | |
(3) Criteria.--The criteria for the study of areas for | |
potential inclusion in the National Park System contained in | |
section 8 of Public Law 91-383 (16 U.S.C. 1a-5) shall apply to | |
the study under paragraph (1). | |
(4) Report.--Not later than 3 years after the date on which | |
funds are first made available for the study under paragraph | |
(1), the Secretary shall submit to the Committee on Natural | |
Resources of the House of Representatives and the Committee on | |
Energy and Natural Resources of the Senate a report | |
containing-- | |
(A) the results of the study; and | |
(B) any findings, conclusions, and recommendations | |
of the Secretary. | |
(b) Authorization of Appropriations.--There are authorized to be | |
appropriated such sums as are necessary to carry out this section. | |
SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE. | |
(a) Study.-- | |
(1) In general.--Not later than 3 years after the date on | |
which funds are made available to carry out this section, the | |
Secretary of the Interior (referred to in this section as the | |
``Secretary'') shall complete a special resource study of the | |
Harriet Beecher Stowe House in Brunswick, Maine, to evaluate-- | |
(A) the national significance of the Harriet | |
Beecher Stowe House and surrounding land; and | |
(B) the suitability and feasibility of designating | |
the Harriet Beecher Stowe House and surrounding land as | |
a unit of the National Park System. | |
(2) Study guidelines.--In conducting the study authorized | |
under paragraph (1), the Secretary shall use the criteria for | |
the study of areas for potential inclusion in the National Park | |
System contained in section 8(c) of Public Law 91-383 (16 | |
U.S.C. 1a-5(c)). | |
(b) Report.--On completion of the study required under subsection | |
(a), the Secretary shall submit to the Committee on Energy and Natural | |
Resources of the Senate and the Committee on Natural Resources of the | |
House of Representatives a report containing the findings, conclusions, | |
and recommendations of the study. | |
(c) Authorization of Appropriations.--There are authorized to be | |
appropriated such sums as are necessary to carry out this section. | |
SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA. | |
(a) Special Resources Study.--The Secretary of the Interior | |
(referred to in this section as the ``Secretary'') shall conduct a | |
special resource study relating to the Battle of Shepherdstown in | |
Shepherdstown, West Virginia, to evaluate-- | |
(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 | |
(B) designating the birthplace site as a separate | |
unit of the National Park System; and | |
(2) the methods and means for the protection and | |
interpretation of the birthplace site by the National Park | |
Service, other Federal, State, or local government entities, or | |
private or nonprofit organizations. | |
(b) Study Requirements.--The Secretary shall conduct the study | |
required under subsection (a) in accordance with section 8(c) of Public | |
Law 91-383 (16 U.S.C. 1a-5(c)). | |
(c) Report.--Not later than 3 years after the date on which funds | |
are made available to carry out this section, the Secretary shall | |
submit to the Committee on Natural Resources of the House of | |
Representatives and the Committee on Energy and Natural Resources of | |
the Senate a report containing-- | |
(1) the results of the study conducted under subsection | |
(a); and | |
(2) any recommendations of the Secretary with respect to | |
the birthplace site. | |
SEC. 7208. BATTLE OF MATEWAN SPECIAL RESOURCE STUDY. | |
(a) In General.--The Secretary of the Interior (referred to in this | |
section as the ``Secretary'') shall conduct a special resource study of | |
the sites and resources at Matewan, West Virginia, associated with the | |
Battle of Matewan (also known as the ``Matewan Massacre'') of May 19, | |
1920, to determine-- | |
(1) the suitability and feasibility of designating certain | |
historic areas of Matewan, West Virginia, as a unit of the | |
National Park System; and | |
(2) the methods and means for the protection and | |
interpretation of the historic areas by the National Park | |
Service, other Federal, State, or local government entities, or | |
private or nonprofit organizations. | |
(b) Study Requirements.--The Secretary shall conduct the study | |
required under subsection (a) in accordance with section 8(c) of Public | |
Law 91-383 (16 U.S.C. 1a-5(c)). | |
(c) Report.--Not later than 3 years after the date on which funds | |
are made available to carry out this section, the Secretary shall | |
submit to the Committee on Natural Resources of the House of | |
Representatives and the Committee on Energy and Natural Resources of | |
the Senate a report containing-- | |
(1) the results of the study conducted under subsection | |
(a); and | |
(2) any recommendations of the Secretary with respect to | |
the historic areas. | |
SEC. 7209. BUTTERFIELD OVERLAND TRAIL. | |
(a) In General.--The Secretary of the Interior (referred to in this | |
section as the ``Secretary'') shall conduct a special resource study | |
along the route known as the ``Ox-Bow Route'' of the Butterfield | |
Overland Trail (referred to in this section as the ``route'') in the | |
States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, New Mexico, | |
Arizona, and California to evaluate-- | |
(1) a range of alternatives for protecting and interpreting | |
the resources of the route, including alternatives for | |
potential addition of the Trail to the National Trails System; | |
and | |
(2) the methods and means for the protection and | |
interpretation of the route by the National Park Service, other | |
Federal, State, or local government entities, or private or | |
nonprofit organizations. | |
(b) Study Requirements.--The Secretary shall conduct the study | |
required under subsection (a) in accordance with section 8(c) of Public | |
Law 91-383 (16 U.S.C. 1a-5(c)) or section 5(b) of the National Trails | |
System Act (16 U.S.C. 1244(b)), as appropriate. | |
(c) Report.--Not later than 3 years after the date on which funds | |
are made available to carry out this section, the Secretary shall | |
submit to the Committee on Natural Resources of the House of | |
Representatives and the Committee on Energy and Natural Resources of | |
the Senate a report containing-- | |
(1) the results of the study conducted under subsection | |
(a); and | |
(2) any recommendations of the Secretary with respect to | |
the route. | |
SEC. 7210. COLD WAR SITES THEME STUDY. | |
(a) Definitions.-- | |
(1) Advisory committee.--The term ``Advisory Committee'' | |
means the Cold War Advisory Committee established under | |
subsection (c). | |
(2) Secretary.--The term ``Secretary'' means the Secretary | |
of the Interior. | |
(3) Theme study.--The term ``theme study'' means the | |
national historic landmark theme study conducted under | |
subsection (b)(1). | |
(b) Cold War Theme Study.-- | |
(1) In general.--The Secretary shall conduct a national | |
historic landmark theme study to identify sites and resources | |
in the United States that are significant to the Cold War. | |
(2) Resources.--In conducting the theme study, the | |
Secretary shall consider-- | |
(A) the inventory of sites and resources associated | |
with the Cold War completed by the Secretary of Defense | |
under section 8120(b)(9) of the Department of Defense | |
Appropriations Act, 1991 (Public Law 101-511; 104 Stat. | |
1906); and | |
(B) historical studies and research of Cold War | |
sites and resources, including-- | |
(i) intercontinental ballistic missiles; | |
(ii) flight training centers; | |
(iii) manufacturing facilities; | |
(iv) communications and command centers | |
(such as Cheyenne Mountain, Colorado); | |
(v) defensive radar networks (such as the | |
Distant Early Warning Line); | |
(vi) nuclear weapons test sites (such as | |
the Nevada test site); and | |
(vii) strategic and tactical aircraft. | |
(3) Contents.--The theme study shall include-- | |
(A) recommendations for commemorating and | |
interpreting sites and resources identified by the | |
theme study, including-- | |
(i) sites for which studies for potential | |
inclusion in the National Park System should be | |
authorized; | |
(ii) sites for which new national historic | |
landmarks should be nominated; and | |
(iii) other appropriate designations; | |
(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) 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) 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 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. | |
Subtitle D--Program Authorizations | |
SEC. 7301. 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. | |
(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. 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. | |
(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) 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) 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) | |
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) 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. 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 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) 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) 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. | |
(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) 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) 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''. | |
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 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 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. NATIONAL PARK SYSTEM ADVISORY BOARD. | |
Section 3(f) of the Act of August 21, 1935 (16. U.S.C. 463(f)), is | |
amended in the first sentence by striking ``2009'' and inserting | |
``2010''. | |
SEC. 7404. 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. 7405. 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; | |
(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; | |
(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) 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-- | |
(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 | |
(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) 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. | |
TITLE VIII--NATIONAL HERITAGE AREAS | |
Subtitle A--Designation of National Heritage Areas | |
SEC. 8001. 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 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) 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) 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) 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) make available to the Secretary for | |
audit all records relating to the expenditure | |
of the funds and any matching funds; | |
(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) 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 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) 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) make recommendations for revisions to | |
the management plan; and | |
(iii) 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 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 | |
(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. 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.-- | |
(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) 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 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) 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) 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) make available to the Secretary for | |
audit all records relating to the expenditure | |
of the funds and any matching funds; and | |
(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 | |
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) 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-- | |
(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) 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; | |
(ii) make recommendations for revisions to | |
the management plan; and | |
(iii) 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 | |
(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. | |
(j) Conforming Amendment.--The Cache La Poudre River Corridor Act | |
(16 U.S.C. 461 note; Public Law 104-323) is repealed. | |
SEC. 8003. 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 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) 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 |
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