PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4093

Public Law 104–333

104th Congress

An Act

To provide for the administration of certain Presidio properties at minimal cost

to the Federal taxpayer, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

This Act may be cited as the ‘‘Omnibus Parks and Public

Lands Management Act of 1996’’.

Sec. 1. Short title and table of contents.

DIVISION I

TITLE I—THE PRESIDIO OF SAN FRANCISCO

Sec. 101. Findings.

Sec. 102. Authority and responsibility of the Secretary of the Interior.

Sec. 103. Establishment of the Presidio Trust.

Sec. 104. Duties and authorities of the Trust.

Sec. 105. Limitations on funding.

Sec. 106. General Accounting Office study.

TITLE II—BOUNDARY ADJUSTMENTS AND CONVEYANCES

Sec. 201. Yucca House National Monument boundary adjustment.

Sec. 202. Zion National Park boundary adjustment.

Sec. 203. Pictured Rocks National Lakeshore boundary adjustment.

Sec. 204. Independence National Historical Park boundary adjustment.

Sec. 205. Craters of the Moon National Monument boundary adjustment.

Sec. 206. Hagerman Fossil Beds National Monument boundary adjustment.

Sec. 207. Wupatki National Monument boundary adjustment.

Sec. 208. Walnut Canyon National Monument boundary modification.

Sec. 209. Butte County, California land conveyance.

Sec. 210. Taos Pueblo land transfer.

Sec. 211. Colonial National Historical Park.

Sec. 212. Cuprum, Idaho relief.

Sec. 213. Relinquishment of interest.

Sec. 214. Modoc National Forest.

Sec. 215. Conveyance to City of Sumpter, Oregon.

Sec. 216. Cumberland Gap National Historical Park.

Sec. 217. Alpine School District.

Sec. 218. Merced Irrigation District land exchange.

Sec. 219. Father Aull site transfer.

Sec. 220. Coastal Barrier Resources System.

Sec. 221. Conveyance to Del Norte County Unified School District.

TITLE III—EXCHANGES

Sec. 301. Targhee National Forest land exchange.

Sec. 302. Anaktuvuk Pass land exchange.

Sec. 303. Alaska Peninsula subsurface consolidation.

Sec. 304. Snowbasin Land Exchange Act.

Sec. 305. Arkansas and Oklahoma land exchange.

Sec. 306. Big Thicket National Preserve.

Sec. 307. Lost Creek land exchange.

Sec. 308. Cleveland National Forest land exchange.

Omnibus Parks

and Public Lands

Management Act

of 1996.

16 USC 1 note.

Nov. 12, 1996

[H.R. 4236]
110 STAT. 4094 PUBLIC LAW 104–333—NOV. 12, 1996

Sec. 309. Sand Hollow land exchange.

Sec. 310. Bureau of Land Management authorization for fiscal years 1997 through

2002.

Sec. 311. Kenai Natives Association land exchange.

TITLE IV—RIVERS AND TRAILS

Sec. 401. Rio Puerco watershed.

Sec. 402. Old Spanish Trail.

Sec. 403. Great Western Scenic Trail.

Sec. 404. Hanford Reach Preservation.

Sec. 405. Lamprey Wild and Scenic River.

Sec. 406. West Virginia National Rivers Amendments of 1996.

Sec. 407. Technical amendment to the Wild and Scenic Rivers Act.

Sec. 408. Protection of North St. Vrain Creek, Colorado.

TITLE V—HISTORIC AREAS AND CIVIL RIGHTS

Sec. 501. The Selma to Montgomery National Historic Trail.

Sec. 502. Vancouver National Historic Reserve.

Sec. 503. Extension of Kaloko-Honokohau Advisory Commission.

Sec. 504. Amendment to Boston National Historic Park Act.

Sec. 505. Women’s Rights National Historic Park.

Sec. 506. Black Patriots Memorial Extention.

Sec. 507. Historically black colleges and universities historic building restoration

and preservation.

Sec. 508. Memorial to Martin Luther King, Jr.

Sec. 509. Advisory Council on Historic Preservation reauthorization.

Sec. 510. Great Falls Historic District, New Jersey.

Sec. 511. New Bedford National Historic Landmark District.

Sec. 512. Nicodemus National Historic Site.

Sec. 513. Unalaska.

Sec. 514. Japanese American Patriotism Memorial.

Sec. 515. Manzanar National Historic Site.

Sec. 516. Recognition and designation of the AIDS Memorial Grove as national

memorial.

TITLE VI—CIVIL AND REVOLUTIONARY WAR SITES

Sec. 601. United States Civil War Center.

Sec. 602. Corinth, Mississippi, Battlefield Act.

Sec. 603. Revolutionary War and War of 1812 Historic Preservation Study.

Sec. 604. American battlefield protection program.

Sec. 605. Chickamauga and Chattanooga National Military Parks.

Sec. 606. Shenandoah Valley battlefields.

Sec. 607. Washita Battlefield.

TITLE VII—FEES

Sec. 701. Ski area permit rental charge.

Sec. 702. Delaware Water Gap.

Sec. 703. Glacier Bay National Park.

TITLE VIII—MISCELLANEOUS ADMINISTRATIVE AND MANAGEMENT

PROVISIONS

Sec. 801. Limitation on park buildings.

Sec. 802. Appropriations for transportation of children.

Sec. 803. Feral burros and horses.

Sec. 804. Authorities of the Secretary of the Interior relating to museums.

Sec. 805. Volunteers in parks increase.

Sec. 806. Carl Garner Federal Lands Cleanup Day.

Sec. 807. Fort Pulaski National Monument, Georgia.

Sec. 808. Laura C. Hudson Visitor Center.

Sec. 809. Robert J. Lagomarsino Visitor Center.

Sec. 810. Expenditure of funds outside authorized boundary of Rocky Mountain

National Park.

Sec. 811. Dayton aviation.

Sec. 812. Prohibition on certain transfers of national forest lands.

Sec. 813. Grand Lake Cemetery.

Sec. 814. National Park Service administrative reform.

Sec. 815. William B. Smullin Visitor Center.

Sec. 816. Calumet Ecological Park.

Sec. 817. Acquisition of certain property on Santa Cruz Island.

Sec. 818. National Park Agreements.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4095

TITLE IX—HERITAGE AREAS

Sec. 901. Blackstone River Valley National Heritage Corridor.

Sec. 902. Illinois and Michigan Canal National Heritage Corridor.

TITLE X—MISCELLANEOUS

Subtitle A—Tallgrass Prairie National Preserve

Sec. 1001. Short title.

Sec. 1002. Findings and purposes.

Sec. 1003. Definitions.

Sec. 1004. Establishment of Tallgrass Prairie National Preserve.

Sec. 1005. Administration of National Preserve.

Sec. 1006. Limited authority to acquire.

Sec. 1007. Advisory Committee.

Sec. 1008. Restriction on authority.

Sec. 1009. Authorization of appropriations.

Subtitle B—Sterling Forest

Sec. 1011. Palisades Interstate Park Commission.

Subtitle C—Additional Provisions

Sec. 1021. Recreation lakes.

Sec. 1022. Bisti/De-Na-Zin Wilderness expansion and fossil forest protection.

Sec. 1023. Opal Creek Wilderness and Scenic Recreation Area.

Sec. 1024. Upper Klamath Basin ecological restoration projects.

Sec. 1025. Deschutes Basin ecosystem restoration projects.

Sec. 1026. Bull Run protection.

Sec. 1027. Oregon Islands Wilderness, additions.

Sec. 1028. Umpqua River land exchange study: policy and direction.

Sec. 1029. Boston Harbor Islands Recreation Area.

Sec. 1030. Natchez National Historical Park.

Sec. 1031. Substitution of timber for canceled timber sale.

Sec. 1032. Rural electric and telephone facilities.

Sec. 1033. Federal borough recognition.

Sec. 1034. Extension of statute of limitations.

Sec. 1035. Regulation of fishing in certain waters of Alaska.

Sec. 1036. Credit for reconveyance.

Sec. 1037. Radio site report.

TITLE XI—CALIFORNIA BAY DELTA ENVIRONMENTAL ENHANCEMENT

Sec. 1101. Program funding.

DIVISION II

TITLE I—NATIONAL COAL HERITAGE AREA

Sec. 101. Short title.

Sec. 102. Findings.

Sec. 103. Establishment.

Sec. 104. Contractual agreement.

Sec. 105. Eligible resources.

Sec. 106. Coal heritage management plan.

Sec. 107. Sunset.

Sec. 108. Authorization of appropriations.

TITLE II—TENNESSEE CIVIL WAR HERITAGE AREA

Sec. 201. Findings and purposes.

Sec. 202. Definitions.

Sec. 203. Tennessee Civil War Heritage Area.

Sec. 204. Compact.

Sec. 205. Management.

Sec. 206. Duties and authorities of Secretary.

Sec. 207. Savings provisions.

Sec. 208. Sunset.

Sec. 209. Authorization of appropriations.

TITLE III—AUGUSTA CANAL NATIONAL HERITAGE AREA

Sec. 301. Findings.

Sec. 302. Purpose.

Sec. 303. Designation of Augusta Canal National Heritage Area.

Sec. 304. Management.
110 STAT. 4096 PUBLIC LAW 104–333—NOV. 12, 1996

Sec. 305. Management plan.

Sec. 306. Grants and technical assistance.

Sec. 307. Acquisition of real property.

Sec. 308. Occupational, safety, conservation, and environmental regulation.

Sec. 309. Land use regulation.

Sec. 310. Sunset.

Sec. 311. Authorization of appropriations.

TITLE IV—STEEL INDUSTRY HERITAGE PROJECT

Sec. 401. Short title.

Sec. 402. Findings and purpose.

Sec. 403. Steel Industry American Heritage Area.

Sec. 404. Compact.

Sec. 405. Management plan.

Sec. 406. Authorities and duties of management entity.

Sec. 407. Duties and authorities of Federal agencies.

Sec. 408. Sunset.

Sec. 409. Authorization of appropriations.

TITLE V—ESSEX NATIONAL HERITAGE AREA

Sec. 501. Findings and purpose.

Sec. 502. Definitions.

Sec. 503. Designation of National Heritage Area.

Sec. 504. Management entity.

Sec. 505. Duties of the Secretary.

Sec. 506. Private property.

Sec. 507. Sunset.

Sec. 508. Authorization of appropriations.

TITLE VI—SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR

Sec. 601. Short title.

Sec. 602. Findings and purpose.

Sec. 603. Definitions.

Sec. 604. South Carolina National Heritage Corridor.

Sec. 605. Management entity.

Sec. 606. Duties of the Secretary.

Sec. 607. Sunset.

Sec. 608. Authorization of appropriations.

TITLE VII—AMERICA’S AGRICULTURAL HERITAGE PARTNERSHIP

Sec. 701. Findings and purposes.

Sec. 702. Definitions.

Sec. 703. Establishment of the America’s Agricultural Heritage Partnership.

Sec. 704. Establishment of the America’s Agricutural Heritage Partnership

management entity.

Sec. 705. Partnership management plan.

Sec. 706. Land use regulation and private property protection.

Sec. 707. Sunset.

Sec. 708. Authorization of appropriations.

TITLE VIII—OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR

Sec. 801. Short title.

Sec. 802. Findings and purpose.

Sec. 803. Definitions.

Sec. 804. Ohio & Erie Canal National Heritage Corridor.

Sec. 805. The Ohio & Erie National Canal Heritage Corridor Committee.

Sec. 806. Powers and duties of the National Heritage Corridor Committee.

Sec. 807. Management entity.

Sec. 808. Duties of the management entity.

Sec. 809. Duties and authorities of Federal agencies.

Sec. 810. Lack of effect on land use regulation and private property.

Sec. 811. Sunset.

Sec. 812. Authorization of appropriations.

TITLE IX—HUDSON RIVER VALLEY NATIONAL HERITAGE AREA

Sec. 901. Short title.

Sec. 902. Findings.

Sec. 903. Purposes.

Sec. 904. Hudson River Valley American Heritage Area.

Sec. 905. Compact.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4097

Sec. 906. Management plan.

Sec. 907. Authorities and duties of management entities.

Sec. 908. Duties and authorities of Federal agencies.

Sec. 909. Authorization of appropriations.

Sec. 910. Sunset.

DIVISION I

TITLE I—THE PRESIDIO OF SAN

FRANCISCO

SEC. 101. FINDINGS.

The Congress finds that—

(1) the Presidio, located amidst the incomparable scenic

splendor of the Golden Gate, is one of America’s great natural

and historic sites;

(2) the Presidio is the oldest continuously operated military

post in the Nation dating from 1776, and was designated a

National Historic Landmark in 1962;

(3) preservation of the cultural and historic integrity of

the Presidio for public use recognizes its significant role in

the history of the United States;

(4) the Presidio, in its entirety, is a part of the Golden

Gate National Recreation Area, in accordance with Public Law

92–589;

(5) as part of the Golden Gate National Recreation Area,

the Presidio’s significant natural, historic, scenic, cultural, and

recreational resources must be managed in a manner which

is consistent with sound principles of land use planning and

management, and which protects the Presidio from development

and uses which would destroy the scenic beauty and historic

and natural character of the area and cultural and recreational

resources;

(6) removal and/or replacement of some structures within

the Presidio must be considered as a management option in

the administration of the Presidio; and

(7) the Presidio will be managed through an innovative

public/private partnership that minimizes cost to the United

States Treasury and makes efficient use of private sector

resources.

SEC. 102. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF

THE INTERIOR.

(a) INTERIM AUTHORITY.—The Secretary of the Interior (hereinafter in this title referred to as the ‘‘Secretary’’) is authorized

to manage leases in existence on the date of this Act for properties

under the administrative jurisdiction of the Secretary and located

at the Presidio. Upon the expiration of any such lease, the Secretary

may extend such lease for a period terminating not later than

6 months after the first meeting of the Presidio Trust. The Secretary

may not enter into any new leases for property at the Presidio

to be transferred to the Presidio Trust under this title, however,

the Secretary is authorized to enter into agreements for use and

occupancy of the Presidio properties which are assignable to the

Trust and are terminable with 30 days notice. Prior to the transfer

of administrative jurisdiction over any property to the Presidio

Trust, and notwithstanding section 1341 of title 31 of the United

16 USC 460bb

note.

16 USC 460bb

note.
110 STAT. 4098 PUBLIC LAW 104–333—NOV. 12, 1996

States Code, the proceeds from any such lease shall be retained

by the Secretary and such proceeds shall be available, without

further appropriation, for the preservation, restoration, operation

and maintenance, improvement, repair and related expenses

incurred with respect to Presidio properties. The Secretary may

adjust the rental charge on any such lease for any amounts to

be expended by the lessee for preservation, maintenance, restoration, improvement, repair and related expenses with respect to

properties and infrastructure within the Presidio.

(b) PUBLIC INFORMATION AND INTERPRETATION.—The Secretary

shall be responsible, in cooperation with the Presidio Trust, for

providing public interpretive services, visitor orientation and educational programs on all lands within the Presidio.

(c) OTHER.—Those lands and facilities within the Presidio that

are not transferred to the administrative jurisdiction of the Presidio

Trust shall continue to be managed by the Secretary. The Secretary

and the Presidio Trust shall cooperate to ensure adequate public

access to all portions of the Presidio. Any infrastructure and building improvement projects that were funded prior to the enactment

of this Act shall be completed by the National Park Service.

(d) PARK SERVICE EMPLOYEES.—(1) Any career employee of

the National Park Service, employed at the Presidio at the time

of the transfer of lands and facilities to the Presidio Trust, shall

not be separated from the Service by reason of such transfer,

unless such employee is employed by the Trust, other than on

detail. Notwithstanding section 3503 of title 5, United States Code,

the Trust shall have sole discretion over whether to hire any such

employee or request a detail of such employee.

(2) Any career employee of the National Park Service employed

at the Presidio on the date of enactment of this title shall be

given priority placement for any available position within the

National Park System notwithstanding any priority reemployment

lists, directives, rules, regulations or other orders from the Department of the Interior, the Office of Management and Budget, or

other Federal agencies.

SEC. 103. ESTABLISHMENT OF THE PRESIDIO TRUST.

(a) ESTABLISHMENT.—There is established a wholly owned

government corporation to be known as the Presidio Trust (hereinafter in this title referred to as the ‘‘Trust’’).

(b) TRANSFER.—(1) Within 60 days after receipt of a request

from the Trust for the transfer of any parcel within the area

depicted as Area B on the map entitled ‘‘Presidio Trust Number

1’’, dated December 7, 1995, the Secretary shall transfer such parcel

to the administrative jurisdiction of the Trust. Within 1 year after

the first meeting of the Board of Directors of the Trust, the

Secretary shall transfer to the Trust administrative jurisdiction

over all remaining parcels within Area B. Such map shall be on

file and available for public inspection in the offices of the Trust

and in the offices of the National Park Service, Department of

the Interior. The Trust and the Secretary may jointly make technical and clerical revisions in the boundary depicted on such map.

The Secretary shall retain jurisdiction over those portions of the

building identified as number 102 as the Secretary deems essential

for use as a visitor center. The Building shall be named the ‘‘William

Penn Mott Visitor Center’’. Any parcel of land, the jurisdiction

over which is transferred pursuant to this subsection, shall remain

Federal buildings

and facilities.

16 USC 460bb

note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4099

within the boundary of the Golden Gate National Recreation Area.

With the consent of the Secretary, the Trust may at any time

transfer to the administrative jurisdiction of the Secretary any

other properties within the Presidio which are surplus to the needs

of the Trust and which serve essential purposes of the Golden

Gate National Recreation Area. The Trust is encouraged to transfer

to the administrative jurisdiction of the Secretary open space areas

which have high public use potential and are contiguous to other

lands administrated by the Secretary.

(2) Within 60 days after the first meeting of the Board of

Directors of the Trust, the Trust and the Secretary shall determine

cooperatively which records, equipment, and other personal property

are deemed to be necessary for the immediate administration of

the properties to be transferred, and the Secretary shall immediately transfer such personal property to the Trust. Within 1

year after the first meeting of the Board of Directors of the Trust,

the Trust and the Secretary shall determine cooperatively what,

if any, additional records, equipment, and other personal property

used by the Secretary in the administration of the properties to

be transferred should be transferred to the Trust.

(3) The Secretary shall transfer, with the transfer of administrative jurisdiction over any property, the unobligated balance of all

funds appropriated to the Secretary, all leases, concessions, licenses,

permits, and other agreements affecting such property.

(4) At the request of the Trust, the Secretary shall provide

funds to the Trust for preparation of the program required under

section 104(c) of this title, hiring of initial staff and other activities

deemed by the Trust as essential to the establishment of the Trust

prior to the transfer of properties to the Trust.

(c) BOARD OF DIRECTORS.—

(1) IN GENERAL.—The powers and management of the Trust

shall be vested in a Board of Directors (hereinafter referred

to as the ‘‘Board’’) consisting of the following 7 members:

(A) The Secretary of the Interior or the Secretary’s

designee.

(B) 6 individuals, who are not employees of the Federal

Government, appointed by the President, who shall possess

extensive knowledge and experience in one or more of

the fields of city planning, finance, real estate development,

and resource conservation. At least one of these individuals

shall be a veteran of the Armed Services. At least 3 of

these individuals shall reside in the San Francisco Bay

Area. The President shall make the appointments referred

to in this subparagraph within 90 days after the enactment

of this Act and shall ensure that the fields of city planning,

finance, real estate development, and resource conservation

are adequately represented. Upon establishment of the

Trust, the Chairman of the Board of Directors of the Trust

shall meet with the Chairman of the Energy and Natural

Resources Committee of the United States Senate and the

Chairman of the Resources Committee of the United States

House of Representatives.

(2) TERMS.—Members of the Board appointed under paragraph (1)(B) shall each serve for a term of 4 years, except

that of the members first appointed, 3 shall serve for a term

of 2 years. Any vacancy in the Board shall be filled in the

same manner in which the original appointment was made,

President.
110 STAT. 4100 PUBLIC LAW 104–333—NOV. 12, 1996

and any member appointed to fill a vacancy shall serve for

the remainder of that term for which his or her predecessor

was appointed. No appointed member may serve more than

8 years in consecutive terms.

(3) QUORUM.—Four members of the Board shall constitute

a quorum for the conduct of business by the Board.

(4) ORGANIZATION AND COMPENSATION.—The Board shall

organize itself in such a manner as it deems most appropriate

to effectively carry out the authorized activities of the Trust.

Board members shall serve without pay, but may be reimbursed

for the actual and necessary travel and subsistence expenses

incurred by them in the performance of the duties of the Trust.

(5) LIABILITY OF DIRECTORS.—Members of the Board of

Directors shall not be considered Federal employees by virtue

of their membership on the Board, except for purposes of the

Federal Tort Claims Act and the Ethics in Government Act,

and the provisions of chapter 11 of title 18, United States

Code.

(6) MEETINGS.—The Board shall meet at least three times

per year in San Francisco and at least two of those meetings

shall be open to the public. Upon a majority vote, the Board

may close any other meetings to the public. The Board shall

establish procedures for providing public information and

opportunities for public comment regarding policy, planning,

and design issues. The Board may establish procedures for

providing public information and opportunities for public comment regarding policy, planning, and design issues through

the Golden Gate National Recreation Area Advisory

Commission.

(7) STAFF.—The Trust is authorized to appoint and fix

the compensation and duties of an executive director and such

other officers and employees as it deems necessary without

regard to the provisions of title 5, United States Code, governing

appointments in the competitive service, and may pay them

without regard to the provisions of chapter 51, and subchapter

III of chapter 53, title 5, United States Code, relating to classification and General Schedule pay rates.

(8) NECESSARY POWERS.—The Trust shall have all

necessary and proper powers for the exercise of the authorities

vested in it.

(9) TAXES.—The Trust and all properties administered by

the Trust shall be exempt from all taxes and special assessments of every kind by the State of California, and its political

subdivisions, including the City and County of San Francisco.

(10) GOVERNMENT CORPORATION.—(A) The Trust shall be

treated as a wholly owned Government corporation subject

to chapter 91 of title 31, United States Code (commonly referred

to as the Government Corporation Control Act). Financial statements of the Trust shall be audited annually in accordance

with section 9105 of title 31 of the United States Code.

(B) At the end of each calendar year, the Trust shall

submit to the Committee on Energy and Natural Resources

of the United States Senate and the Committee on Resources

of the House of Representatives a comprehensive and detailed

report of its operations, activities, and accomplishments for

the prior fiscal year. The report also shall include a section

Reports.

Procedures.

Public

information.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4101

that describes in general terms the Trust’s goals for the current

fiscal year.

SEC. 104. DUTIES AND AUTHORITIES OF THE TRUST.

(a) OVERALL REQUIREMENTS OF THE TRUST.—The Trust shall

manage the leasing, maintenance, rehabilitation, repair and

improvement of property within the Presidio under its administrative jurisdiction using the authorities provided in this section, which

shall be exercised in accordance with the purposes set forth in

section 1 of the Act entitled ‘‘An Act to establish the Golden Gate

National Recreation Area in the State of California, and for other

purposes’’, approved October 27, 1972 (Public Law 92–589; 86 Stat.

1299; 16 U.S.C. 460bb), and in accordance with the general objectives of the General Management Plan (hereinafter referred to

as the ‘‘management plan’’) approved for the Presidio.

(b) AUTHORITIES.—The Trust may participate in the development of programs and activities at the properties transferred to

the Trust, except that the Trust shall have the authority to negotiate and enter into such agreements, leases, contracts and other

arrangements with any person, firm, association, organization, corporation or governmental entity, including, without limitation, entities of Federal, State and local governments as are necessary and

appropriate to carry out its authorized activities. Any such agreement may be entered into without regard to section 321 of the

Act of June 30, 1932 (40 U.S.C. 303b). The Trust shall establish

procedures for lease agreements and other agreements for use and

occupancy of Presidio facilities, including a requirement that in

entering into such agreements the Trust shall obtain reasonable

competition. The Trust may not dispose of or convey fee title to

any real property transferred to it under this title. Federal laws

and regulations governing procurement by Federal agencies shall

not apply to the Trust, with the exception of laws and regulations

related to Federal government contracts governing working conditions and wage rates, including the provisions of sections 276a–

276a–6 of title 40, United States Code (Davis-Bacon Act), and

any civil rights provisions otherwise applicable thereto. The Trust,

in consultation with the Administrator of Federal Procurement

Policy, shall establish and promulgate procedures applicable to

the Trust’s procurement of goods and services including, but not

limited to, the award of contracts on the basis of contractor qualifications, price, commercially reasonable buying practices, and

reasonable competition.

(c) MANAGEMENT PROGRAM.—The Trust shall develop a comprehensive program for management of those lands and facilities

within the Presidio which are transferred to the administrative

jurisdiction of the Trust. Such program shall be designed to reduce

expenditures by the National Park Service and increase revenues

to the Federal Government to the maximum extent possible. In

carrying out this program, the Trust shall be treated as a successor

in interest to the National Park Service with respect to compliance

with the National Environmental Policy Act and other environmental compliance statutes. Such program shall consist of—

(1) demolition of structures which in the opinion of the

Trust, cannot be cost-effectively rehabilitated, and which are

identified in the management plan for demolition,

(2) evaluation for possible demolition or replacement those

buildings identified as categories 2 through 5 in the Presidio

Procedures.

Contracts.

Procedures.

Contracts.

16 USC 460bb

note.
110 STAT. 4102 PUBLIC LAW 104–333—NOV. 12, 1996

of San Francisco Historic Landmark District Historic American

Buildings Survey Report, dated 1985,

(3) new construction limited to replacement of existing

structures of similar size in existing areas of development,

and

(4) examination of a full range of reasonable options for

carrying out routine administrative and facility management

programs.

The Trust shall consult with the Secretary in the preparation

of this program.

(d) FINANCIAL AUTHORITIES.—To augment or encourage the

use of non-Federal funds to finance capital improvements on

Presidio properties transferred to its jurisdiction, the Trust, in

addition to its other authorities, shall have the following authorities

subject to the Federal Credit Reform Act of 1990 (2 U.S.C. 661

et seq.):

(1) The authority to guarantee any lender against loss

of principal or interest on any loan: Provided, That—

(A) the terms of the guarantee are approved by the

Secretary of the Treasury;

(B) adequate subsidy budget authority is provided in

advance in appropriations Acts; and

(C) such guarantees are structured so as to minimize

potential cost to the Federal Government. No loan

guarantee under this title shall cover more than 75 percent

of the unpaid balance of the loan. The Trust may collect

a fee sufficient to cover its costs in connection with each

loan guaranteed under this title. The authority to enter

into any such loan guarantee agreement shall expire at

the end of 15 years after the date of enactment of this

title.

(2) The authority, subject to appropriations, to make loans

to the occupants of property managed by the Trust for the

preservation, restoration, maintenance, or repair of such property.

(3) The authority to issue obligations to the Secretary of

the Treasury, but only if the Secretary of the Treasury agrees

to purchase such obligations after determining that the projects

to be funded from the proceeds thereof are credit worthy and

that a repayment schedule is established and only to the extent

authorized in advance in appropriations acts. The Secretary

of the Treasury is authorized to use as a public debt transaction

the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for

which securities may be issued under such chapter are extended

to include any purchase of such notes or obligations acquired

by the Secretary of the Treasury under this subsection. Obligations issued under this subparagraph shall be in such forms

and denominations, bearing such maturities, and subject to

such terms and conditions, as may be prescribed by the

Secretary of the Treasury, and shall bear interest at a rate

determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable

obligations of the United States of comparable maturities. No

funds appropriated to the Trust may be used for repayment

of principal or interest on, or redemption of, obligations issued

under this paragraph.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4103

(4) The aggregate amount of obligations issued under this

subsection which are outstanding at any one time may not

exceed $50,000,000.

(e) DONATIONS.—The Trust may solicit and accept donations

of funds, property, supplies, or services from individuals, foundations, corporations, and other private or public entities for the

purpose of carrying out its duties. The Trust is encouraged to

maintain a liaison with the Golden Gate National Park Association.

(f) PUBLIC AGENCY.—The Trust shall be deemed to be a public

agency for purposes of entering into joint exercise of powers agreements pursuant to California government code section 6500 and

related provisions of that Code.

(g) PROCEEDS.—Notwithstanding section 1341 of title 31 of

the United States Code, all proceeds received by the Trust shall

be retained by the Trust, and such proceeds shall be available,

without further appropriation, for the administration, preservation,

restoration, operation and maintenance, improvement, repair and

related expenses incurred with respect to Presidio properties under

its administrative jurisdiction. The Secretary of the Treasury shall

invest excess moneys of the Trust in public debt securities which

shall bear interest at rates determined by the Secretary of the

Treasury taking into consideration the current average market

yield on outstanding marketable obligations of the United States

of comparable maturity.

(h) SUITS.—The Trust may sue and be sued in its own name

to the same extent as the Federal Government. Litigation arising

out of the activities of the Trust shall be conducted by the Attorney

General; except that the Trust may retain private attorneys to

provide advice and counsel. The District Court for the Northern

District of California shall have exclusive jurisdiction over any

suit filed against the Trust.

(i) MEMORANDUM OF AGREEMENT.—The Trust shall enter into

a Memorandum of Agreement with the Secretary, acting through

the Chief of the United States Park Police, for the conduct of

law enforcement activities and services within those portions of

the Presidio transferred to the administrative jurisdiction of the

Trust.

(j) BYLAWS, RULES, AND REGULATIONS.—The Trust may adopt,

amend, repeal, and enforce bylaws, rules and regulations governing

the manner in which its business may be conducted and the powers

vested in it may be exercised. The Trust is authorized, in consultation with the Secretary, to adopt and to enforce those rules and

regulations that are applicable to the Golden Gate National Recreation Area and that may be necessary and appropriate to carry

out its duties and responsibilities under this title. The Trust shall

give notice of the adoption of such rules and regulations by publication in the Federal Register.

(k) DIRECT NEGOTIATIONS.—For the purpose of compliance with

applicable laws and regulations concerning properties transferred

to the Trust by the Secretary, the Trust shall negotiate directly

with regulatory authorities.

(l) INSURANCE.—The Trust shall require that all leaseholders

and contractors procure proper insurance against any loss in connection with properties under lease or contract, or the authorized

activities granted in such lease or contract, as is reasonable and

customary.

Federal Register

publication.
110 STAT. 4104 PUBLIC LAW 104–333—NOV. 12, 1996

(m) BUILDING CODE COMPLIANCE.—The Trust shall bring all

properties under its administrative jurisdiction into compliance with

Federal building codes and regulations appropriate to use and occupancy within 10 years after the enactment of this title to the

extent practicable.

(n) LEASING.—In managing and leasing the properties transferred to it, the Trust shall consider the extent to which prospective

tenants contribute to the implementation of the General Management Plan for the Presidio and to the reduction of cost to the

Federal Government. The Trust shall give priority to the following

categories of tenants: Tenants that enhance the financial viability

of the Presidio and tenants that facilitate the cost-effective preservation of historic buildings through their reuse of such buildings.

(o) REVERSION.—If, at the expiration of 15 years, the Trust

has not accomplished the goals and objectives of the plan required

in section 105(b) of this title, then all property under the administrative jurisdiction of the Trust pursuant to section 103(b) of this

title shall be transferred to the Administrator of the General

Services Administration to be disposed of in accordance with the

procedures outlined in the Defense Authorization Act of 1990 (104

Stat. 1809), and any real property so transferred shall be deleted

from the boundary of the Golden Gate National Recreation Area.

In the event of such transfer, the terms and conditions of all

agreements and loans regarding such lands and facilities entered

into by the Trust shall be binding on any successor in interest.

SEC. 105. LIMITATIONS ON FUNDING.

(a)(1) From amounts made available to the Secretary for the

operation of areas within the Golden Gate National Recreation

Area, not more than $25,000,000 shall be available to carry out

this title in each fiscal year after the enactment of this title until

the plan is submitted under subsection (b). Such sums shall remain

available until expended.

(2) After the plan required in subsection (b) is submitted, and

for each of the 14 fiscal years thereafter, there are authorized

to be appropriated to the Trust not more than the amounts specified

in such plan. Such sums shall remain available until expended.

Of such sums, not more than $3,000,000 annually shall be available

through the Trust for law enforcement activities and services to

be provided by the United States Park Police at the Presidio in

accordance with section 104(h) of this title.

(b) Within 1 year after the first meeting of the Board of Directors of the Trust, the Trust shall submit to Congress a plan which

includes a schedule of annual decreasing federally appropriated

funding that will achieve, at a minimum, self-sufficiency for the

Trust within 15 complete fiscal years after such meeting of the

Trust. No further funds shall be authorized for the Trust 15 years

after the first meeting of the Board of Directors of the Trust.

(c) The Administrator of the General Services Administration

shall provide necessary assistance, including detailees as necessary,

to the Trust in the formulation and submission of the annual

budget request for the administration, operation, and maintenance

of the Presidio.

SEC. 106. GENERAL ACCOUNTING OFFICE STUDY.

(a) Three years after the first meeting of the Board of Directors

of the Trust, the General Accounting Office shall conduct an interim

study of the activities of the Trust and shall report the results

16 USC 460bb

note.

16 USC 460bb

note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4105

of the study to the Committee on Energy and Natural Resources

and the Committee on Appropriations of the United States Senate,

and the Committee on Resources and Committee on Appropriations

of the House of Representatives. The study shall include, but shall

not be limited to, details of how the Trust is meeting its obligations

under this title.

(b) In consultation with the Trust, the General Accounting

Office shall develop an interim schedule and plan to reduce and

replace the Federal appropriations to the extent practicable for

interpretive services conducted by the National Park Service, and

law enforcement activities and services, fire and public safety

programs conducted by the Trust.

(c) Seven years after the first meeting of the Board of Directors

of the Trust, the General Accounting Office shall conduct a comprehensive study of the activities of the Trust, including the Trust’s

progress in meeting its obligations under this title, taking into

consideration the results of the study described in subsection (a)

and the implementation of plan and schedule required in

subsection (b). The General Accounting Office shall report the

results of the study, including any adjustments to the plan and

schedule, to the Committee on Energy and Natural Resources and

the Committee on Appropriations of the United States Senate,

and the Committee on Resources and Committee on Appropriations

of the House of Representatives.

TITLE II—BOUNDARY ADJUSTMENTS

AND CONVEYANCES

SEC. 201. YUCCA HOUSE NATIONAL MONUMENT BOUNDARY

ADJUSTMENT.

(a) IN GENERAL.—The boundaries of Yucca House National

Monument are revised to include the approximately 24.27 acres

of land generally depicted on the map entitled ‘‘Boundary—Yucca

House National Monument, Colorado’’, numbered 318/80,001–B, and

dated February 1990.

(b) MAP.—The map referred to in subsection (a) shall be on

file and available for public inspection in appropriate offices of

the National Park Service of the Department of the Interior.

(c) ACQUISITION.— (1) IN GENERAL.—Within the lands described in subsection

(a), the Secretary of the Interior may acquire lands and

interests in lands by donation.

(2) The Secretary of the Interior may pay administrative

costs arising out of any donation described in paragraph (1)

with appropriated funds.

SEC. 202. ZION NATIONAL PARK BOUNDARY ADJUSTMENT.

(a) ACQUISITION AND BOUNDARY CHANGE.—The Secretary of

the Interior is authorized to acquire by exchange approximately

5.48 acres located in the SW1⁄4 of Section 28, Township 41 South,

Range 10 West, Salt Lake Base and Meridian. In exchange therefor

the Secretary is authorized to convey all right, title, and interest

of the United States in and to approximately 5.51 acres in Lot

2 of Section 5, Township 41 South, Range 11 West, both parcels

of land being in Washington County, Utah. Upon completion of

such exchange, the Secretary is authorized to revise the boundary

16 USC 346a–5.

16 USC 431 note.
110 STAT. 4106 PUBLIC LAW 104–333—NOV. 12, 1996

of Zion National Park to add the 5.48 acres in section 28 to the

park and to exclude the 5.51 acres in section 5 from the park.

Land added to the park shall be administered as part of the park

in accordance with the laws and regulations applicable thereto.

(b) EXPIRATION.—The authority granted by this section shall

expire 2 years after the date of the enactment of this Act.

SEC. 203. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY

ADJUSTMENT.

The boundary of Pictured Rocks National Lakeshore is hereby

modified as depicted on the map entitled ‘‘Area Proposed for Addition to Pictured Rocks National Lakeshore’’, numbered 625–

80,043A, and dated July 1992.

SEC. 204. INDEPENDENCE NATIONAL HISTORICAL PARK BOUNDARY

ADJUSTMENT.

The administrative boundary between Independence National

Historical Park and the United States Customs House along the

Moravian Street Walkway in Philadelphia, Pennsylvania, is hereby

modified as generally depicted on the drawing entitled ‘‘Exhibit

1, Independence National Historical Park, Boundary Adjustment’’,

and dated May 1987, which shall be on file and available for

public inspection in the Office of the National Park Service, Department of the Interior. The Secretary of the Interior is authorized

to accept and transfer jurisdiction over property in accord with

such administrative boundary, as modified by this section.

SEC. 205. CRATERS OF THE MOON NATIONAL MONUMENT BOUNDARY

ADJUSTMENT.

(a) BOUNDARY REVISION.—The boundary of Craters of the Moon

National Monument, Idaho, is revised to add approximately 210

acres and to delete approximately 315 acres as generally depicted

on the map entitled ‘‘Craters of the Moon National Monument,

Idaho, Proposed 1987 Boundary Adjustment’’, numbered 131–

80,008, and dated October 1987, which map shall be on file and

available for public inspection in the office of the National Park

Service, Department of the Interior.

(b) ADMINISTRATION AND ACQUISITION.—Federal lands and

interests therein deleted from the boundary of the national monument by this section shall be administered by the Secretary of

the Interior through the Bureau of Land Management in accordance

with the Federal Land Policy and Management Act of 1976 (43

U.S.C. 1701 et seq.), and Federal lands and interests therein added

to the national monument by this section shall be administered

by the Secretary as part of the national monument, subject to

the laws and regulations applicable thereto. The Secretary is

authorized to acquire private lands and interests therein within

the boundary of the national monument by donation, purchase

with donated or appropriated funds, or exchange, and when

acquired they shall be administered by the Secretary as part of

the national monument, subject to the laws and regulations

applicable thereto.

SEC. 206. HAGERMAN FOSSIL BEDS NATIONAL MONUMENT

BOUNDARY ADJUSTMENT.

Section 302 of the Arizona-Idaho Conservation Act of 1988

(102 Stat. 4576) is amended by adding the following new subsection

after subsection (c):

16 USC 431 note.

16 USC 431 note.

16 USC 407m–8.

16 USC 460s–14.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4107

‘‘(d) To further the purposes of the monument, the Secretary

is also authorized to acquire from willing sellers only, by donation,

purchase with donated or appropriated funds, or exchange not

to exceed 65 acres outside the boundary depicted on the map

referred to in section 301 and develop and operate thereon research,

information, interpretive, and administrative facilities. Lands

acquired and facilities developed pursuant to this subsection shall

by administered by the Secretary as part of the monument. The

boundary of the monument shall be modified to include the lands

added under this subsection as a non-contiguous parcel.’’.

SEC. 207. WUPATKI NATIONAL MONUMENT BOUNDARY ADJUSTMENT.

The boundaries of the Wupatki National Monument, Arizona,

are hereby revised to include the lands and interests in lands

within the area generally depicted as ‘‘Proposed Addition 168.89

Acres’’ on the map entitled ‘‘Boundary—Wupatki and Sunset Crater

National Monuments, Arizona’’, numbered 322–80,021, and dated

April 1989. The map shall be on file and available for public

inspection in the Office of the National Park Service, Department

of the Interior. Subject to valid existing rights, Federal lands and

interests therein within the area added to the monument by this

section are hereby transferred without monetary consideration or

reimbursement to the administrative jurisdiction of the National

Park Service, to be administered as part of the monument in

accordance with the laws and regulations applicable thereto.

SEC. 208. WALNUT CANYON NATIONAL MONUMENT BOUNDARY

MODIFICATION.

(a) PURPOSE.—The purpose of this section is to modify the

boundaries of the Walnut Canyon National Monument (hereafter

in this section referred to as the ‘‘national monument’’) to improve

management of the national monument and associated resources.

(b) BOUNDARY MODIFICATION.—Effective on the date of enactment of this Act, the boundaries of the national monument shall

be modified as depicted on the map entitled ‘‘Boundary Proposal—

Walnut Canyon National Monument, Coconino County, Arizona’’,

numbered 360/80,010, and dated September 1994. Such map shall

be on file and available for public inspection in the offices of the

Director of the National Park Service, Department of the Interior.

The Secretary of the Interior, in consultation with the Secretary

of Agriculture, is authorized to make technical and clerical corrections to such map.

(c) ACQUISITION AND TRANSFER OF PROPERTY.—The Secretary

of the Interior is authorized to acquire lands and interest in lands

within the national monument, by donation, purchase with donated

or appropriated funds, or exchange. Federal property within the

boundaries of the national monument (as modified by this section)

is hereby transferred to the administrative jurisdiction of the

Secretary of the Interior for management as part of the national

monument. Federal property excluded from the monument pursuant

to the boundary modification under subsection (b) is hereby transferred to the administrative jurisdiction of the Secretary of Agriculture to be managed as a part of the Coconino National Forest.

(d) ADMINISTRATION.—The Secretary of the Interior, acting

through the Director of the National Park Service, shall manage

the national monument in accordance with this title and the provisions of law generally applicable to units of the National Park

Service, including ‘‘An Act to establish a National Park Service,

16 USC 431 note.

16 USC 431 note.
110 STAT. 4108 PUBLIC LAW 104–333—NOV. 12, 1996

and for other purposes’’ approved August 25, 1916 (39 Stat. 535;

16 U.S.C. 1, 2–4).

(e) AUTHORIZATION OF APPROPRIATIONS.—There are hereby

authorized to be appropriated such sums as may be necessary

to carry out this section.

SEC. 209. BUTTE COUNTY, CALIFORNIA LAND CONVEYANCE.

(a) PURPOSE.—It is the purpose of this section to authorize

and direct the Secretary of Agriculture to convey, without consideration, certain lands in Butte County, California, to persons claiming

to have been deprived of title to such lands.

(b) DEFINITIONS.—For the purpose of this section:

(1) The term ‘‘affected lands’’ means those Federal lands

located in the Plumas National Forest in Butte County,

California, in sections 11, 12, 13, and 14, township 21 north,

range 5 East, Mount Diablo Meridian, as described by the

dependent resurvey by the Bureau of Land Management conducted in 1992, and subsequent Forest Service land line location

surveys, including all adjoining parcels where the property

line as identified by the 1992 BLM dependent resurvey and

National Forest boundary lines before such dependent resurvey

are not coincident.

(2) The term ‘‘claimant’’ means an owner of real property

in Butte County, California, whose real property adjoins Plumas

National Forest lands described in paragraph (1), who claims

to have been deprived by the United States of title to property

as a result of previous erroneous surveys.

(3) The terms ‘‘Secretary’’ means the Secretary of

Agriculture.

(c) CONVEYANCE OF LANDS.—Notwithstanding any other provision of law, the Secretary is authorized and directed to convey,

without consideration, all right, title, and interest of the United

States in and to affected lands as described in subsection (b)(1),

to any claimant or claimants, upon proper application from such

claimant or claimants, as provided in subsection (d).

(d) NOTIFICATION.—Not later than 2 years after the date of

enactment of this Act, claimants shall notify the Secretary, through

the Forest Supervisor of the Plumas National Forest, in writing

of their claim to affected lands. Such claim shall be accompanied

by—

(1) a description of the affected lands claimed;

(2) information relating to the claim of ownership of such

lands; and

(3) such other information as the Secretary may require.

(e) ISSUANCE OF DEED.—(1) Upon a determination by the

Secretary that issuance of a deed for affected lands is consistent

with the purpose and requirements of this section, the Secretary

shall issue a quit claim deed to such claimant for the parcel to

be conveyed.

(2) Prior to the issuance of any such deed as provided in

paragraph (1), the Secretary shall ensure that—

(A) the parcel or parcels to be conveyed have been surveyed

in accordance with the Memorandum of Understanding between

the Forest Service and the Bureau of Land Management, dated

November 11, 1989;

(B) all new property lines established by such surveys

have been monumented and marked; and
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4109

(C) all terms and conditions necessary to protect third

party and Government Rights-of-Way or other interests are

included in the deed.

(3) The Federal Government shall be responsible for all surveys

and property line markings necessary to implement this subsection.

(f) NOTIFICATION TO BLM.—The Secretary shall submit to the

Secretary of the Interior an authenticated copy of each deed issued

pursuant to this section no later than 30 days after the date

such deed is issued.

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as necessary to carry out the purposes

of this section.

SEC. 210. TAOS PUEBLO LAND TRANSFER.

(a) TRANSFER.—The parcel of land described in subsection (b)

is hereby transferred without consideration to the Secretary of

the Interior to be held in trust for the Pueblo de Taos. Such

parcel shall be a part of the Pueblo de Taos Reservation and

shall be managed in accordance with section 4 of the Act of May

31, 1933 (48 Stat. 108) (as amended, including as amended by

Public Law 91–550 (84 Stat. 1437)).

(b) LAND DESCRIPTION.—The parcel of land referred to in subsection (a) is the land that is generally depicted on the map entitled

‘‘Lands transferred to the Pueblo of Taos—proposed’’ and dated

September 1994, comprises 764.33 acres, and is situated within

sections 25, 26, 35, and 36, Township 27 North, Range 14 East,

New Mexico Principal Meridian, within the Wheeler Peak Wilderness, Carson National Forest, Taos County, New Mexico.

(c) CONFORMING BOUNDARY ADJUSTMENTS.—The boundaries of

the Carson National Forest and the Wheeler Peak Wilderness are

hereby adjusted to reflect the transfer made by subsection (a).

(d) RESOLUTION OF OUTSTANDING CLAIMS.—The Congress finds

and declares that, as a result of the enactment of this section,

the Taos Pueblo has no unresolved equitable or legal claims against

the United States on the lands to be held in trust and to become

part of the Pueblo de Taos Reservation under this section.

SEC. 211. COLONIAL NATIONAL HISTORICAL PARK.

(a) TRANSFER AND RIGHTS-OF-WAY.—The Secretary of the

Interior (hereinafter in this section referred to as the ‘‘Secretary’’)

is authorized to transfer, without reimbursement, to York County,

Virginia, that portion of the existing sewage disposal system, including related improvements and structures, owned by the United

States and located within the Colonial National Historical Park,

together with such rights-of-way as are determined by the Secretary

to be necessary to maintain and operate such system.

(b) REPAIR AND REHABILITATION OF SYSTEM.—The Secretary

is authorized to enter into a cooperative agreement with York

County, Virginia, under which the Secretary will pay a portion,

not to exceed $110,000, of the costs of repair and rehabilitation

of the sewage disposal system referred to in subsection (a).

(c) FEES AND CHARGES.—In consideration for the rights-of-way

granted under subsection (a), and in recognition of the National

Park Service’s contribution authorized under subsection (b), the

cooperative agreement under subsection (b) shall provide for a

reduction in, or the elimination of, the amounts charged to the

National Park Service for its sewage disposal. The cooperative

agreement shall also provide for minimizing the impact of the

16 USC 81p.

16 USC 1132

note.
110 STAT. 4110 PUBLIC LAW 104–333—NOV. 12, 1996

sewage disposal system on the park and its resources. Such system

may not be enlarged or substantially altered without National

Park Service concurrence.

(d) INCLUSION OF LAND IN COLONIAL NATIONAL HISTORICAL

PARK.—Notwithstanding the provisions of the Act of June 28, 1938

(52 Stat. 1208; 16 U.S.C. 81b et seq.), limiting the average width

of the Colonial Parkway, the Secretary of the Interior is authorized

to include within the boundaries of Colonial National Historical

Park and to acquire by donation, exchange, or purchase with

donated or appropriated funds the lands or interests in lands (with

or without improvements) within the areas depicted on the map

dated August 1993, numbered 333/80031A, and entitled ‘‘Page Landing Addition to Colonial National Historical Park’’. Such map shall

be on file and available for inspection in the offices of the National

Park Service at Colonial National Historical Park and in

Washington, District of Columbia.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as are necessary to carry out this

section.

SEC. 212. CUPRUM, IDAHO RELIEF.

(a) FINDINGS.—The Congress finds and declares that:

(1) In 1899, the citizens of Cuprum, Idaho, commissioned

E.S. Hesse to conduct a survey describing these lands occupied

by their community. The purpose of this survey was to provide

a basis for the application for a townsite patent.

(2) In 1909, the Cuprum Townsite patent (Number 52817)

was granted, based on an aliquot parts description which was

intended to circumscribe the Hesse survey.

(3) Since the day of the patent, the Hesse survey has

been used continuously by the community of Cuprum and by

Adams County, Idaho, as the official townsite plat and basis

for conveyance of title within the townsite.

(4) Recent boundary surveys conducted by the United

States Department of Agriculture, Forest Service, and the

United States Department of the Interior, Bureau of Land

Management, discovered inconsistencies between the official

aliquot parts description of the patented Cuprum Townsite

and the Hesse survey. Many lots along the south and east

boundaries of the townsite are now known to extend onto

National Forest System lands outside the townsite.

(5) It is the determination of Congress that the original

intent of the Cuprum Townsite application was to include all

the lands described by the Hesse survey.

(b) PURPOSE.—It is the purpose of this section to amend the

1909 Cuprum Townsite patent to include those additional lands

described by the Hesse survey in addition to other lands necessary

to provide an administratively acceptable boundary to the National

Forest System.

(c) AMENDMENT OF PATENT.—The 1909 Cuprum Townsite

patent is hereby amended to include parcels 1 and 2, identified

on the plat, marked as ‘‘Township 20 North, Range 3 West, Boise

Meridian, Idaho, Section 10: Proposed Patent Adjustment Cuprum

Townsite, Idaho’’ prepared by Payette N.F.—Land Survey Unit,

drawn and approved by Tom Betzold, Forest Land Surveyor, on

April 25, 1995. Such additional lands are hereby conveyed to the

original patentee, Pitts Ellis, trustee, and Probate Judge of
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4111

Washington County, Idaho, or any successors or assigns in interest

in accordance with State law. The Secretary of Agriculture may

correct clerical and typographical errors in such plat.

(d) SURVEY.—The Federal Government shall survey the Federal

property lines and mark and post the boundaries necessary to

implement this section.

SEC. 213. RELINQUISHMENT OF INTEREST.

(a) IN GENERAL.—The United States relinquishes all right,

title, and interest that the United States may have in land that—

(1) was subject to a right-of-way that was granted to the

predecessor of the Chicago and Northwestern Transportation

Company under the Act entitled ‘‘An Act granting to railroads

the right of way through the public lands of the United States’’,

approved March 3, 1875 (42 U.S.C. 934 et seq.), which rightof-way the Company has conveyed to the city of Douglas,

Wyoming; and

(2) is located within the boundaries of the city limits of

the city of Douglas, Wyoming, or between the right-of-way

of Interstate 25 and the city limits of the city of Douglas,

Wyoming;

as determined by the Secretary of the Interior in consultation

with the appropriate officials of the city of Douglas, Wyoming.

(b) CONVEYANCE.—As soon as practicable after the date of

enactment of this Act, the Secretary of the Interior shall file for

recordation in the real property records of Converse County,

Wyoming, a deed or other appropriate form of instrument conveying

to the city of Douglas, Wyoming, all right, title, and interest in

the land described in subsection (a).

(c) CONVEYANCE OF CERTAIN PROPERTY TO THE BIG HORN

COUNTY SCHOOL DISTRICT NUMBER 1, WYOMING.—The Secretary

of the Interior shall convey, by quit claim deed, to the Big Horn

County School District Number 1, Wyoming, all right, title, and

interest of the United States in and to the following described

lands in Big Horn County, Wyoming: Lots 19–24 of Block 22,

all within the town of Frannie, Wyoming, in the S1⁄2NW1⁄4NW1⁄4

and N1⁄2SW1⁄4NW1⁄4 of section 31 of T. 58N., R. 97 W., Big Horn

County.

SEC. 214. MODOC NATIONAL FOREST.

(a) IN GENERAL.—The boundary of the Modoc National Forest

is hereby modified to include and encompass 760 acres, more or

less, on the following described lands: Mount Diablo Meridian,

Lassen County, California T. 38 N., R. 10 E., sec. 5, SE1⁄4NW1⁄4, E1⁄2SW1⁄4; sec. 8, E1⁄2NE1⁄4, NE1⁄4NW1⁄4, NE1⁄4SE1⁄4, sec. 16, W1⁄2;

sec. 25, Lots 13, 14 and 15 (S1⁄2SW1⁄4, SW1⁄4SE1⁄4); T. 37 N., R.

11 E., sec. 20, NW1⁄4SE1⁄4. (b) RULE FOR LAND AND WATER CONSERVATION FUND.—For

the purposes of section 7 of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l–9), the boundary of the Modoc

National Forest, as modified by this title, shall be considered to

the boundary of the National Forest as of January 1, 1995.

SEC. 215. CONVEYANCE TO CITY OF SUMPTER, OREGON.

(a) CONVEYANCE REQUIRED.—The Secretary of Agriculture shall

convey, without consideration, to the city of Sumpter, Oregon (in

this section referred to as the ‘‘City’’), all right, title, and interest

of the United States in and to a parcel of real property of

approximately 1.43 acres consisting of all of block 8 of the REVISED
110 STAT. 4112 PUBLIC LAW 104–333—NOV. 12, 1996

PLAN OF SUMPTER TOWNSITE in the City, as shown in plat

recorded March 6, 1897, in Plat Book 3, page 26; including the

alley running through such block, vacated by Ordinance No. 1966–

3, recorded December 14, 1966, in Deed 66–50–014.

(b) ADDITIONAL DESCRIPTION OF PROPERTY.—The real property

to be conveyed under subsection (a) consists of the same property

that was deeded to the United States in the following deeds:

(1) Warranty Deed from Sumpter Power & Water Company

to the United States of America dated October 12, 1949, and

recorded in Vol. 152, page 170 of Baker County records on

December 22, 1949.

(2) Warranty Deed from Mrs. Alice Windle to the United

States of America dated October 11, 1949, and recorded in

Vol. 152, page 168 of Baker County records on December 22,

1949.

(3) Warranty Deed from Alice L. Windle Charles and

James M. Charles to the United States of America and dated

August 8, 1962, and recorded in Book 172, page 1331 on August

27, 1962.

(c) CONDITION OF CONVEYANCE.—The conveyance under

subsection (a) shall be subject to the condition that the City use

the conveyed property only for public purposes, such as a city

park, information center, or interpretive area.

(d) RELEASE.—Upon making the conveyance required by

subsection (a), the United States is relieved from liability for any

and all claims arising from the presence of materials on the

conveyed property.

(e) REVERSIONARY INTEREST.—If the Secretary of Agriculture

determines that the real property conveyed under subsection (a)

is not being used in accordance with the condition specified in

subsection (c) or that the City has initiated proceedings to sell,

lease, exchange, or otherwise dispose of all or a portion of the

property, than, at the option of the Secretary, the United States

shall have a right of reentry with regard to the property, with

title thereto revesting in the United States.

(f) AUTHORIZED SALE OF PROPERTY.—Notwithstanding subsections (c) and (e), the Secretary of Agriculture may authorize

the City to dispose of the real property conveyed under subsection

(a) if the proceeds from such disposal are at least equal to the

fair market value of the property and are paid to the United

States. The Secretary shall deposit amounts received under this

subsection into the special fund in the Treasury into which funds

are deposited pursuant to the Act of December 4, 1967 (16 U.S.C.

484a), commonly known as the Sisk Act. The disposal of the

conveyed property under this subsection shall be subject to such

terms and conditions as the Secretary may prescribe.

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of

Agriculture may require such additional terms and conditions in

connection with the conveyance under subsection (a) as the

Secretary considers appropriate to protect the interests of the

United States.

SEC. 216. CUMBERLAND GAP NATIONAL HISTORICAL PARK.

(a) AUTHORITY.—Notwithstanding the Act of June 11, 1940

(16 U.S.C. 261 et seq.), the Secretary of the Interior is authorized

to acquire by donation, purchase with donated or appropriated

16 USC 268.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4113

funds, or exchange not to exceed 10 acres of land or interests

in land, which shall consist of those necessary lands for the

establishment of trailheads to be located at White Rocks and

Chadwell Gap.

(b) ADMINISTRATION.—Lands and interests in lands acquired

pursuant to subsection (a) shall be added to and administered

as part of the Cumberland Gap National Historical Park.

SEC. 217. ALPINE SCHOOL DISTRICT.

(a) CONVEYANCE REQUIRED.—(1) The Secretary of Agriculture

shall convey, without consideration, to the Alpine Elementary

School District 7 of the State of Arizona (in this section referred

to as the ‘‘School District’’), all right, title and interest of the

United States in and to a parcel of real property, including any

improvements thereon, consisting of approximately 30 acres located

in the Apache National Forest, Apache County, Arizona, and further

delineated as follows: North 1⁄2 of Northeast 1⁄4 of Southeast 1⁄4

of section 14, Township 5 North, Range 30 East, Gila and Salt

River meridian, and North 1⁄2 of South 1⁄2 of Northeast 1⁄4 of Southeast 1⁄4 of such section.

(2) The exact acreage and legal description of the real property

to be conveyed under paragraph (1) shall be determined by a

survey satisfactory to the Secretary. The cost of the survey shall

be borne by the School District.

(b) CONDITION OF CONVEYANCE.—The conveyance made under

subsection (a) shall be subject to the condition that the School

District use the conveyed property for public school facilities and

related public school recreational purposes.

(c) RIGHT OF REENTRY.—The United States shall retain a right

of reentry in the property to be conveyed. If the Secretary determines that the conveyed property is not being used in accordance

with the condition in subsection (b), the United States shall have

the right to reenter the conveyed property without consideration.

(d) ENCUMBRANCES.—The conveyance made under subsection

(a) shall be subject to all encumbrances on the property existing

as of the date of the enactment of this Act.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under subsection (a) of the Secretary considers

appropriate to protect the interests of the United States.

SEC. 218. MERCED IRRIGATION DISTRICT LAND EXCHANGE.

(a) CONVEYANCE.—(1) The Secretary of the Interior may convey

the Federal lands described in subsection (d)(1) in exchange for

the non-Federal lands described in subsection (d)(2), in accordance

with the provisions of this Act.

(b) APPLICABILITY OF OTHER PROVISIONS OF LAW.—The land

exchange required in this section shall be carried out in accordance

with section 206 of the Federal Land Policy and Management

Act of 1976 (43 U.S.C. 1716) and in accordance with other applicable

laws.

(c) ACCEPTABILITY OF TITLE AND MANNER OF CONVEYANCE.—

The Secretary of the Interior shall not carry out an exchange

described in subsection (a) unless the title to the non-Federal lands

to be conveyed to the United States, and the form and procedures

of conveyance, are acceptable to the Secretary.

(d) LANDS TO BE EXCHANGED.—
110 STAT. 4114 PUBLIC LAW 104–333—NOV. 12, 1996

(1) FEDERAL LANDS TO BE EXCHANGED.—The Federal lands

referred to in this section to be exchanged consist of approximately 179.4 acres in Mariposa County, California as generally

depicted on the map entitled ‘‘Merced Irrigation District

Exchange—Proposed, Federal Land’’, dated March 15, 1995,

more particularly described as follows:

T. 3 S., R. 15 E., MDM (Mount Diablo Meridian):

Sec. 35, SW1⁄4SE1⁄4, containing approximately 40

acres.

T. 4 S., R. 15 E., MDM (Mount Diablo Meridian):

Sec. 14: E1⁄2SE1⁄4SE1⁄4, containing approximately

20 acres.

Sec. 23: NE1⁄4SE1⁄4, containing approximately 40

acres.

T. 5 S., R. 15 E., MDM (Mount Diablo Meridian):

Sec. 2: Lot 1, containing approximately 57.9 acres.

Sec. 3: Lots 7 thru 15, containing approximately

21.5 acres.

(2) NON-FEDERAL LANDS TO BE EXCHANGED.—The nonFederal lands referred to in this section to be exchanged consist

of approximately 160 acres in Mariposa County, California

as generally depicted on the map entitled ‘‘Merced Irrigation

District Exchange—Proposed, Non-Federal Land’’, dated March

15, 1995, more particularly described as T. 4 S., R17E MDM

(Mount Diablo Meridian): sec. 2, SE1⁄4.

(3) MAPS.—The maps referred to in this subsection shall

be on file and available for inspection in the office of the

Director of the Bureau of Land Management.

(4) PARTIAL REVOCATION OF WITHDRAWALS.—The Executive

Order of December 31, 1912, creating Powersite Reserve No.

328, and the withdrawal of Federal lands for Power Project

No. 2179, filed February 21, 1963, in accordance with section

24 of the Federal Power Act are hereby revoked insofar as

they affect the Federal lands described in paragraph (1). Any

patent issued on such Federal lands shall not be subject to

section 24 of said Act.

SEC. 219. FATHER AULL SITE TRANSFER.

(a) SHORT TITLE.—This section may be cited as the ‘‘Father

Aull Site Transfer Act of 1996’’.

(b) CONVEYANCE OF PROPERTY.—Subject to valid existing rights,

all right, title and interest of the United States in and to the

land (including improvements on the land), consisting of approximately 43.06 acres, located approximately 10 miles east of Silver

City, New Mexico, and described as follows: T. 17 S., R. 12 W.,

Section 30: Lot 13, and Section 31: Lot 27 (as generally depicted

on the map dated July 1995) is hereby conveyed by operation

of law to St. Vincent DePaul Parish in Silver City, New Mexico,

without consideration.

(c) RELEASE.—Upon the conveyance of any land or interest

in land identified in this section to St. Vincent DePaul Parish,

St. Vincent DePaul Parish shall assume any liability for any claim

relating to the land or interest in the land arising after the date

of the conveyance.

(d) MAP.—The map referred to in this section shall be on

file and available for public inspection in—

Father Aull Site

Transfer Act of

1996.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4115

(1) the State of New Mexico Office of the Bureau of Land

Management, Santa Fe, New Mexico; and

(2) the Las Cruces District Office of the Bureau of Land

Management, Las Cruces, New Mexico.

SEC. 220. COASTAL BARRIER RESOURCES SYSTEM.

(a) IN GENERAL.—The Secretary of the Interior shall, before

the end of the 30-day period beginning on the date of the enactment

of this Act, make such corrections to the maps described in subsection (b) as are necessary to ensure that depictions of areas

on those maps are consistent with the depictions of areas appearing

on the maps entitled ‘‘Amendments to Coastal Barrier Resources

System’’, dated November 1, 1995, and June 1, 1996, and on file

with the Secretary.

(b) MAPS DESCRIBED.—The maps described in this subsection

are maps that—

(1) are included in a set of maps entitled ‘‘Coastal Barrier

Resources System’’, dated October 24, 1990; and

(2) relate to the following units of the Coastal Barrier

Resources System: P05, P05A, P10, P11, P11A, P18, P25, P32,

and P32P.

SEC. 221. CONVEYANCE TO DEL NORTE COUNTY UNIFIED SCHOOL

DISTRICT.

(a) CONVEYANCE.—As soon as practicable after the date of

the enactment of this Act, the Secretary of Agriculture shall convey

to the Del Norte County Unified School District of Del Norte County,

California, in accordance with this section, all right, title, and

interest of the United States in and to the property described

in subsection (b).

(b) PROPERTY DESCRIPTION.—The property referred to in

subsection (a) is that portion of Township 17 North, Range 2 East,

Humboldt Meridian in Del Norte County, California, which is further described as follows:

Beginning at Angle Point No. 3 of Tract 41 as resurveyed

by the Bureau of Land Management under survey Group No.

1013, approved August 13, 1990, and shown on the official

plat thereof;

thence on the line between Angle Points No. 3 and No.

4 of Tract 41, North 89 degrees, 24 minutes, 20 seconds East,

a distance of 345.44 feet to Angle Point No. 4 of Tract 41;

thence on the line between Angle Points No. 4 and No.

5 of Tract 41, South 00 degrees, 01 minutes, 20 seconds East,

a distance of 517.15 feet;

thence West, a distance of 135.79 feet;

thence North 88 degrees, 23 minutes, 01 second West,

a distance of 61.00 feet;

thence North 39 degrees, 58 minutes, 18 seconds West,

a distance of 231.37 feet to the East line of Section 21, Township

17 North, Range 2 East;

thence along the East line of Section 21, North 00 degrees,

02 minutes, 20 seconds West, a distance of 334.53 feet to

the point of beginning.

(c) CONSIDERATION.—The conveyance provided for in subsection

(a) shall be without consideration except as required by this section.

(d) CONDITIONS OF CONVEYANCE.—The conveyance provided for

in subsection (a) shall be subject to the following conditions:

16 USC 3503

note.
110 STAT. 4116 PUBLIC LAW 104–333—NOV. 12, 1996

(1) Del Norte County shall be provided, for no consideration,

an easement for County Road No. 318 which crosses the Northeast corner of the property conveyed.

(2) The Pacific Power and Light Company shall be provided,

for no consideration, an easement for utility equipment as

necessary to maintain the level of service provided by the

utility equipment on the property as of the date of the conveyance.

(3) The United States shall be provided, for no consideration, an easement to provide access to the United States

property that is south of the property conveyed.

(e) LIMITATIONS ON CONVEYANCE.—The conveyance authorized

by subsection (a) is subject to the following limitations:

(1) ENCUMBRANCES.—Such conveyance shall be subject to

all encumbrances on the land existing as of the date of enactment of this Act.

(2) RE-ENTRY RIGHT.—The United States shall retain a

right of re-entry in the land described for conveyance in

subsection (b). If the Secretary determines that the conveyed

property is not being used for public educational or related

recreational purposes, the United States shall have a right

to re-enter the property conveyed therein without consideration.

(f) ADDITIONAL TERMS AND CONDITIONS.—The conveyance provided for in subsection (a) shall be subject to such additional terms

and conditions as the Secretary of Agriculture and the Del Norte

County Unified School District agree are necessary to protect the

interests of the United States.

TITLE III—EXCHANGES

SEC. 301. TARGHEE NATIONAL FOREST LAND EXCHANGE.

(a) CONVEYANCE.—Notwithstanding the requirements in the

Act entitled ‘‘An Act to Consolidate National Forest Lands’’,

approved March 20, 1922 (16 U.S.C. 485), and section 206(b) of

the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1716(b)) that Federal and non-Federal lands exchanged for each

other must be located within the same State, the Secretary of

Agriculture may convey the Federal lands described in subsection

(d) in exchange for the non-Federal lands described in subsection

(e) in accordance with the provisions of this section.

(b) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Except as

otherwise provided in this section, the land exchange authorized

by this section shall be made under the existing authorities of

the Secretary.

(c) ACCEPTABILITY OF TITLE AND MANNER OF CONVEYANCE.—

The Secretary shall not carry out the exchange described in subsection (a) unless the title to the non-Federal lands to be conveyed

to the United States, and the form and procedures of conveyance,

are acceptable to the Secretary.

(d) FEDERAL LANDS.—The Federal lands referred to in this

section are located in the Targhee National Forest in Idaho, are

generally depicted on the map entitled ‘‘Targhee Exchange, IdahoWyoming—Proposed, Federal Land’’, dated September 1994, and

are known as the North Fork Tract.

(e) NON-FEDERAL LANDS.—The non-Federal lands referred to

in this section are located in the Targhee National Forest in
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4117

Wyoming, are generally depicted on the map entitled ‘‘Non-Federal

land, Targhee Exchange, Idaho-Wyoming—Proposed’’, dated

September 1994, and are known as the Squirrel Meadows Tract.

(f) MAPS.—The maps referred to in subsections (d) and (e)

shall be on file and available for inspection in the office of the

Targhee National Forest in Idaho and in the office of the Chief

of the Forest Service.

(g) EQUALIZATION OF VALUES.—Prior to the exchange authorized

by this section, the values of the Federal and non-Federal lands

to be so exchanged shall be established by appraisals of fair market

value that shall be subject to approval by the Secretary. The values

either shall be equal or shall be equalized using the following

methods:

(1) ADJUSTMENT OF LANDS.—

(A) PORTION OF FEDERAL LANDS.—If the Federal lands

are greater in value than the non-Federal lands, the

Secretary shall reduce the acreage of the Federal lands

until the values of the Federal lands closely approximate

the values of the non-Federal lands.

(B) ADDITIONAL FEDERALLY OWNED LANDS.—If the

non-Federal lands are greater in value than the Federal

lands, the Secretary may convey additional federally owned

lands within the Targhee National Forest up to an amount

necessary to equalize the values of the non-Federal lands

and the lands to be transferred out of Federal ownership.

However, such additional federally owned lands shall be

limited to those meeting the criteria for land exchanges

specified in the Targhee National Forest Land and Resource

Management Plan.

(2) PAYMENT OF MONEY.—The values may be equalized

by the payment of money as provided in section 206(b) of

the Federal Land Policy and Management Act of 1976 (43

U.S.C. 1716 (b)).

(h) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘Federal lands’’ means the Federal lands

described in subsection (d).

(2) The term ‘‘non-Federal lands’’ means the non-Federal

lands described in subsection (e).

(3) The term ‘‘Secretary’’ means the Secretary of

Agriculture.

SEC. 302. ANAKTUVUK PASS LAND EXCHANGE.

(a) FINDINGS.—The Congress makes the following findings:

(1) The Alaska National Interest Lands Conservation Act

(94 Stat. 2371), enacted on December 2, 1980, established Gates

of the Arctic National Park and Preserve and Gates of the

Arctic Wilderness. The Village of Anaktuvuk Pass, located in

the highlands of the central Brooks Range is virtually surrounded by these national park and wilderness lands and is

the only Native village located within the boundary of a

National Park System unit in Alaska.

(2) Unlike most other Alaskan Native communities, the

village of Anaktuvuk Pass is not located on a major river,

lake, or coastline that can be used as a means of access.

The residents of Anaktuvuk pass have relied increasingly on

snow machines in winter and all-terrain vehicles in summer

16 USC 410hh

note.
110 STAT. 4118 PUBLIC LAW 104–333—NOV. 12, 1996

as their primary means of access to pursue caribou and other

subsistence resources.

(3) In a 1983 land exchange agreement, linear easements

were reserved by the Inupiat Eskimo people for use of allterrain vehicles across certain national park lands, mostly along

stream and river banks. These linear easements proved unsatisfactory, because they provided inadequate access to subsistence

resources while causing excessive environmental impact from

concentrated use.

(4) The National Park Service and the Nunamiut Corporation initiated discussions in 1985 to address concerns over

the use of all-terrain vehicles on park and wilderness land.

These discussions resulted in an agreement, originally executed

in 1992 and thereafter amended in 1993 and 1994, among

the National Park Service, Nunamiut Corporation, the City

of Anaktuvuk Pass, and Arctic Slope Regional Corporation.

Full effectuation of this agreement, as amended, by its terms

requires ratification by the Congress.

(b) RATIFICATION OF AGREEMENT.—

(1) RATIFICATION.—

(A) IN GENERAL.—The terms, conditions, procedures,

covenants, reservations, and other provisions set forth in

the document entitled ‘‘Donation, Exchange of Lands and

Interests in Lands and Wilderness Redesignation Agreement Among Arctic Slope Regional Corporation, Nunamiut

Corporation, City of Anaktuvuk Pass and the United States

of America’’ (hereinafter referred to in this section as ‘‘the

Agreement’’), executed by the parties on December 17, 1992,

as amended, are hereby incorporated in this title, are ratified and confirmed, and set forth the obligations and

commitments of the United States, Arctic Slope Regional

Corporation, Nunamiut Corporation and the City of

Anaktuvuk Pass, as a matter of Federal law.

(B) LAND ACQUISITION.—Lands acquired by the United

States pursuant to the Agreement shall be administered

by the Secretary of the Interior (hereinafter referred to

as the ‘‘Secretary’’) as part of Gates of the Arctic National

Park and Preserve, subject to the laws and regulations

applicable thereto.

(2) MAPS.—The maps set forth as Exhibits C1, C2, and

D through I to the Agreement depict the lands subject to

the conveyances, retention of surface access rights, access easements and all-terrain vehicle easements. These lands are

depicted in greater detail on a map entitled ‘‘Land Exchange

Actions, Proposed Anaktuvuk Pass Land Exchange and Wilderness Redesignation, Gates of the Arctic National Park and

Preserve’’, Map No. 185/80,039, dated April 1994, and on file

at the Alaska Regional Office of the National Park Service

and the offices of Gates of the Arctic National Park and Preserve in Fairbanks, Alaska. Written legal descriptions of these

lands shall be prepared and made available in the above offices.

In case of any discrepancies, Map No. 185/80,039 shall be

controlling.

(c) NATIONAL PARK SYSTEM WILDERNESS.—

(1) GATES OF THE ARCTIC WILDERNESS.—

(A) REDESIGNATION.—Section 701(2) of the Alaska

National Interest Lands Conservation Act (94 Stat. 2371,
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4119

2417) establishing the Gates of the Arctic Wilderness is

hereby amended with the addition of approximately 56,825

acres of wilderness and the rescission of approximately

73,993 acres as wilderness, thus revising the Gates of

the Arctic Wilderness to approximately 7,034,832 acres.

(B) MAP.—The lands redesignated by subparagraph

(A) are depicted on a map entitled ‘‘Wilderness Actions,

Proposed Anaktuvuk Pass Land Exchange and Wilderness

Redesignation, Gates of the Arctic National Park and Preserve’’, Map No. 185/80,040, dated April 1994, and on file

at the Alaska Regional Office of the National Park Service

and the office of Gates of the Arctic National Park and

Preserve in Fairbanks, Alaska.

(2) NOATAK NATIONAL PRESERVE.—Section 201(8)(a) of the

Alaska National Interest Land Conservation Act (94 Stat. 2380)

is amended by—

(A) striking ‘‘approximately six million four hundred

and sixty thousand acres’’ and inserting in lieu thereof

‘‘approximately 6,477,168 acres’’; and

(B) inserting ‘‘and the map entitled ‘Noatak National

Preserve and Noatak Wilderness Addition’ dated September

1994’’ after ‘‘July 1980’’.

(3) NOATAK WILDERNESS.—Section 701(7) of the Alaska

National Interest Lands Conservation Act (94 Stat. 2417) is

amended by striking ‘‘approximately five million eight hundred

thousand acres’’ and inserting in lieu thereof ‘‘approximately

5,817,168 acres’’.

(d) CONFORMANCE WITH OTHER LAW.—

(1) ALASKA NATIVE CLAIMS SETTLEMENT ACT.—All of the

lands, or interests therein, conveyed to and received by Arctic

Slope Regional Corporation or Nunamiut Corporation pursuant

to the Agreement shall be deemed conveyed and received pursuant to exchanges under section 22(f) of the Alaska Native

Claims Settlement Act, as amended (43 U.S.C. 1601, 1621(f)).

All of the lands or interests in lands conveyed pursuant to

the Agreement shall be conveyed subject to valid existing rights.

(2) ALASKA NATIONAL INTEREST LANDS CONSERVATION

ACT.—Except to the extent specifically set forth in this section

or the Agreement, nothing in this section or in the Agreement

shall be construed to enlarge or diminish the rights, privileges,

or obligations of any person, including specifically the preference for subsistence uses and access to subsistence resources

provided under the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).

SEC. 303. ALASKA PENINSULA SUBSURFACE CONSOLIDATION.

(a) DEFINITIONS.—As used in this section:

(1) AGENCY.—The term agency—

(A) means any instrumentality of the United States,

and any Government corporation (as defined in section

9101(1) of title 31, United States Code); and

(B) includes any element of an agency.

(2) ALASKA NATIVE CORPORATION.—The Term ‘‘Alaska

Native Corporation’’ has the same meaning as is provided for

‘‘Native Corporation’’ in section 3(m) of the Alaska Native

Claims Settlement Act (43 U.S.C. 1602(m)).

16 USC 1132

note.

16 USC 410hh.

16 USC 1132

note.
110 STAT. 4120 PUBLIC LAW 104–333—NOV. 12, 1996

(3) FEDERAL LANDS OR INTEREST THEREIN.—The term

‘‘Federal lands or interests therein’’ means any lands or properties owned by the United States (A) which are administered

by the Secretary, or (B) which are subject to a lease to third

parties, or (C) which have been made available to the Secretary

for exchange under this section through the concurrence of

the director of the agency administering such lands or properties: Provided however, That excluded from such lands shall

be those lands which are within an existing conservation system

unit as defined in section 102(4) of the Alaska National Interest

Lands Conservation Act (16 U.S.C. 3102(4)), and those lands

the mineral interest for which are currently under mineral

lease.

(4) KONIAG.—The term ‘‘Koniag’’ means Koniag, Incorporated, which is a regional Corporation.

(5) REGIONAL CORPORATION.—The term ‘‘Regional Corporation’’ has the same meaning as is provided in section 3(g)

of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)).

(6) SECRETARY.—Except as otherwise provided, the term

‘‘Secretary’’ means the Secretary of the Interior.

(7) SELECTION RIGHTS.—The term ‘‘selection rights’’ means

those rights granted to Koniag, and confirmed as valid selections (within Koniag’s entitlement) pursuant to subsections (a)

and (b) of section 12, and section 14(h)(8), of the Alaska Native

Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), to

receive title to the oil and gas rights and other interests in

the subsurface estate of the approximately 275,000 acres of

public lands in the State of Alaska identified as ‘‘Koniag Selections’’ on the map entitled ‘‘Koniag Interest Lands, Alaska

Peninsula’’, dated May 1989.

(b) VALUATION OF KONIAG SELECTION RIGHTS.—

(1) IN GENERAL.—Pursuant to paragraph (2) of this

subsection, the Secretary shall value the Selection Rights which

Koniag possesses within the boundaries of Aniakchak National

Monument and Preserve, Alaska Peninsula National Wildlife

Refuge, and Becharof National Wildlife Refuge.

(2) VALUE.—

(A) IN GENERAL.—The value of the selection rights

shall be equal to the fair market value of—

(i) the oil and gas interests in the lands or interests

in lands that are the subject of the selection rights;

and

(ii) in the case of the lands or interests in lands

for which Koniag is to receive the entire subsurface

estate, the subsurface estate of the lands or interests

in lands that are the subject of the selection rights.

(B) APPRAISAL.—

(i) SELECTION OF APPRAISER.—

(I) IN GENERAL.—Not later than 90 days after

the date of enactment of this section the Secretary

and Koniag shall meet to select a qualified

appraiser to conduct an appraisal of the selection

rights. Subject to subclause (II), the appraiser shall

be selected by the mutual agreement of the

Secretary and Koniag.

(II) FAILURE TO AGREE.—If the Secretary and

Koniag fail to agree on an appraiser by the date
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4121

that is 60 days after the date of the initial meeting

referred to in subclause (I), the Secretary and

Koniag shall, by the date that is not later than

90 days after the date of the initial meeting, each

designate an appraiser who is qualified to perform

the appraisal. The 2 appraisers so identified shall

select a third qualified appraiser who shall perform

the appraisal.

(ii) STANDARDS AND METHODOLOGY.—The appraisal

shall be conducted in conformity with the standards

of the Appraisal Foundation (as defined in section

1121(9) of the Financial Institutions Reform, Recovery,

and Enforcement Act of 1989 (12 U.S.C. 3350(9)).

(iii) SUBMISSION OF APPRAISAL REPORT.—Not later

than 180 days after the selection of an appraiser pursuant to clause (i), the appraiser shall submit to the

Secretary and to Koniag a written appraisal report

specifying the value of the selection rights and the

methodology used to arrive at the value.

(C) DETERMINATION OF VALUE.—

(i) DETERMINATION BY THE SECRETARY.—Not later

than 60 days after the date of the receipt of the

appraisal report under subparagraph (B)(iii), the

Secretary shall determine the value of the selection

rights and shall notify Koniag of the determination.

(ii) ALTERNATIVE DETERMINATION OF VALUE.—

(I) IN GENERAL.—Subject to subclause (II), if

Koniag does not agree with the value determined

by the Secretary under clause (i), the procedures

specified in section 206(d) of the Federal Land

Policy and Management Act of 1976 (43 U.S.C.

1716(d)) shall be used to establish the value.

(II) AVERAGE VALUE LIMITATION.—The average

value per acre of the selection rights shall not

be less than the value utilizing the risk adjusted

discount cash flow methodology, but in no event

may exceed $300.

(c) KONIAG ACCOUNT.—

(1) IN GENERAL.—(A) The Secretary shall enter into negotiations for an agreement or agreements to exchange Federal

lands or interests therein which are in the State of Alaska

for the Selection Rights.

(B) If the value of the Federal property to be exchanged

is less than the value of the Selection Rights established in

subsection (b), and if such Federal property to be exchanged

is not generating receipts to the Federal Government in excess

of $1,000,000 per year, then the Secretary may exchange the

Federal property for that portion of the Selection Rights having

a value equal to that of the Federal property. The remaining

selection rights shall remain available for additional exchanges.

(C) For the purposes of any exchange to be consummated

under this section, if less than all the selection rights are

being exchanged, then the value of the selection rights being

exchanged shall be equal to the number of acres of selection

rights being exchanged multiplied by a fraction, the numerator

of which is the value of all the selection rights as determined
110 STAT. 4122 PUBLIC LAW 104–333—NOV. 12, 1996

pursuant to subsection (b) hereof and the denominator of which

is the total number of acres of selection rights.

(2) ADDITIONAL EXCHANGES.—If, after 10 years from the

date of the enactment of this section, the Secretary was unable

to conclude such exchanges as may be required to acquire

all of the selection rights, he shall conclude exchanges for

the remaining selection rights for such Federal property as

may be identified by Koniag, which property is available for

transfer to the administrative jurisdiction of the Secretary

under any provision of law and which property, at the time

of the proposed transfer to Koniag is not generating receipts

of the Federal Government in excess of $1,000,000 per year.

The Secretary shall keep Koniag advised in a timely manner

as to which properties may be available for such transfer.

Upon receipt of such identification by Koniag, the Secretary

shall request in a timely manner the transfer of such identified

property to the administrative jurisdiction of the Department

of the Interior. Such property shall not be subject to the

geographic limitations of section 206(b) of the Federal Land

Policy and Management Act and may be retained by the

Secretary solely for purposes of transferring it to Koniag to

complete the exchange. Should the value of the property so

identified by Koniag be in excess of the value of the remaining

selection rights, then Koniag shall have the option of (A) declining to proceed with the exchange and identifying other property,

or (B) paying the difference in value between the property

rights.

(3) REVENUES.—Any property received by Koniag in an

exchange entered into pursuant to paragraph (1) or (2) shall

be deemed to be an interest in the subsurface for purposes

of section 7(i) of the Alaska Native Claims Settlement Act

(43 U.S.C. 1601 et seq.): Provided however, That should Koniag

make a payment to equalize the value in any such exchange,

then Koniag will be deemed to hold an undivided interest

in the property equal in value to such payment which interest

shall not be subject to the provisions of section 7(i) of that

Act.

(d) AUTHORITY TO APPOINT AND REMOVE TRUSTEE.—In

establishing a Settlement Trust under section 39 of the Alaska

Native Claims Settlement Act (43 U.S.C. 1629c), Koniag may delegate, in whole or in part, the authority granted to Koniag under

subsection (b)(2) of such section to any entity that Koniag may

select without affecting the status of the trust as a Settlement

Trust under such section.

SEC. 304. SNOWBASIN LAND EXCHANGE ACT.

(a) PURPOSE AND INTENT.—The purpose of this section is to

authorize and direct the Secretary to exchange 1,320 acres of federally-owned land within the Cache National Forest in the State

of Utah for lands approximately equal value owned by the Sun

Valley Company. It is the intent of Congress that this exchange

be completed without delay within the period specified by subsection

(d).

(b) DEFINITIONS.—As used in this section:

(1) The term ‘‘Sun Valley Company’’ means the Sun Valley

Company, a division of Sinclair Oil Corporation, a Wyoming

Corporation, or its successors or assigns.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4123

(2) The term ‘‘Secretary’’ means the Secretary of

Agriculture.

(c) EXCHANGE.— (1) FEDERAL SELECTED LANDS.—(A) Not later than 45 days

after the final determination of value of the Federal selected

lands, the Secretary shall, subject to this section, transfer all

right, title, and interest of the United States in and to the

lands referred to in subparagraph (B) to the Sun Valley

Company.

(B) The lands referred to in subparagraph (A) are certain

lands within the Cache National Forest in the State of Utah

comprising 1,320 acres, more or less, as generally depicted

on the map entitled ‘‘Snowbasin Land Exchange—Proposed’’

and dated October 1995.

(2) NON-FEDERAL OFFERED LANDS.—Upon transfer of the

Federal selected lands under paragraph (1), and in exchange

for those lands, the Sun Valley Company shall simultaneously

convey to the Secretary all right, title and interest of the

Sun Valley Company in and to so much of the following offered

lands which have been previously identified by the United

States Forest Service as desirable by the United States, or

which are identified pursuant to subparagraph (E) prior to

the transfer of lands under paragraph (1), as are of approximate

equal value to the Federal selected lands:

(A) Certain lands located within the exterior boundaries of the Cache National Forest in Weber County, Utah,

which comprise approximately 640 acres and are generally

depicted on a map entitled ‘‘Lightning Ridge Offered

Lands’’, dated October 1995.

(B) Certain lands located within the Cache National

Forest in Weber County, Utah, which comprise approximately 635 acres and are generally depicted on a map

entitled ‘‘Wheeler Creek Watershed Offered Lands—Section

2’’ dated October 1995.

(C) Certain lands located within the exterior boundaries of the Cache National Forest in Weber County, Utah,

and lying immediately adjacent to the outskirts of the

City of Ogden, Utah, which comprise approximately 800

acres and are generally depicted on a map entitled ‘‘Taylor

Canyon Offered Lands’’, dated October 1995.

(D) Certain lands located within the exterior

boundaries of the Cache National Forest in Weber County,

Utah, which comprise approximately 2,040 acres and are

generally depicted on a map entitled ‘‘North Fork Ogden

River—Devil’s Gate Valley’’, dated October 1995.

(E) Such additional offered lands in the State of Utah

as may be necessary to make the values of the lands

exchanged pursuant to this section approximately equal,

and which are acceptable to the Secretary.

(3) SUBSTITUTION OF OFFERED LANDS.—If one or more of

the precise offered land parcels identified in subparagraphs

(A) through (D) of paragraph (2) is unable to be conveyed

to the United States due to appraisal or other reasons, or

if the Secretary and the Sun Valley Company mutually agree

and the Secretary determines that an alternative offered land

package would better serve long-term public needs and objectives, the Sun Valley Company may simultaneously convey
110 STAT. 4124 PUBLIC LAW 104–333—NOV. 12, 1996

to the United States alternative offered lands in the State

of Utah acceptable to the Secretary in lieu of any or all of

the lands identified in subparagraphs (A) through (D) of

paragraph (2).

(4) VALUATION AND APPRAISALS.—(A) Values of the lands

to be exchanged pursuant to this section shall be equal as

determined by the Secretary utilizing nationally recognized

appraisal standards and in accordance with section 206 of

the Federal Land Policy and Management Act of 1976. The

appraisal reports shall be written to Federal standards as

defined in the Uniform Appraisal Standards for Federal Land

Acquisitions. If, due to size, location, or use of lands exchanged

under this section, the values are not exactly equal, they shall

be equalized by the payment of cash equalization money to

the Secretary or the Sun Valley Company as appropriate in

accordance with section 206(b) of the Federal Land Policy and

Management Act of 1976 (43 U.S.C. 1716(b)). In order to expedite the consummation of the exchange directed by this section,

the Sun Valley Company shall arrange and pay for appraisals

of the offered and selected lands by a qualified appraiser with

experience in appraising similar properties and who is mutually

acceptable to the Sun Valley Company and the Secretary. The

appraisal of the Federal selected lands shall be completed and

submitted to the Secretary for technical review and approval

no later than 120 days after the date of enactment of this

Act, and the Secretary shall make a determination of value

not later than 30 days after receipt of the appraisal. In the

event the Secretary and the Sun Valley Company are unable

to agree to the appraised value of a certain tract or tracts

of land, the appraisal, appraisals, or appraisal issues in dispute

and a final determination of value shall be resolved through

a process of bargaining or submission to arbitration in accordance with section 206(d) of the Federal Land Policy and

Management Act of 1976 (43 U.S.C. 1716(d)).

(B) In order to expedite the appraisal of the Federal

selected lands, such appraisal shall—

(i) value the land in its unimproved state, as a single

entity for its highest and best use as if in private ownership

and as of the date of enactment of this Act;

(ii) consider the Federal lands as an independent property as though in the private marketplace and suitable

for development to its highest and best use;

(iii) consider in the appraisal any encumbrance on

the title anticipated to be in the conveyance to Sun Valley

Company and reflect its effect on the fair market value

of the property; and

(iv) not reflect any enhancement in value to the Federal

selected lands based on the existence of private lands

owned by the Sun Valley Company in the vicinity of the

Snowbasin Ski Resort, and shall assume that private lands

owned by the Sun Valley Company are not available for

use in conjunction with the Federal selected lands.

(d) GENERAL PROVISIONS RELATING TO THE EXCHANGE.—

(1) IN GENERAL.—The exchange authorized by this section

shall be subject to the following terms and conditions:

(A) RESERVED RIGHTS-OF-WAY.—In any deed issued

pursuant to subsection (c)(1), the Secretary shall reserve
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4125

in the United States a right of reasonable access across

the conveyed property for public access and for administrative purposes of the United States necessary to manage

adjacent federally-owned lands. The terms of such reservation shall be prescribed by the Secretary within 30 days

after the date of the enactment of this Act.

(B) RIGHT OF RESCISSION.—This section shall not be

binding on either the United States or the Sun Valley

Company if, within 30 days after the final determination

of value of the Federal selected lands, the Sun Valley

Company submits to the Secretary a duly authorized and

executed resolution of the Company stating its intention

not to enter into the exchange authorized by this section.

(2) WITHDRAWAL.—Subject to valid existing rights, effective

on the date of enactment of this Act, the Federal selected

lands described in subsection (c)(1) and all National Forest

System lands currently under special use permit to the Sun

Valley Company at the Snowbasin Ski Resort are hereby withdrawn from all forms of appropriation under the public land

laws (including the mining laws) and from disposition under

all laws pertaining to mineral and geothermal leasing.

(3) DEED.—The conveyance of the offered lands to the

United States under this section shall be by general warranty

or other deed acceptable to the Secretary and in conformity

with applicable title standards of the Attorney General of the

United States.

(4) STATUS OF LANDS.—Upon acceptance of title by the

Secretary, the land conveyed to the United States pursuant

to this section shall become part of the Wasatch or Cache

National Forests as appropriate, and the boundaries of such

National Forests shall be adjusted to encompass such lands.

Once conveyed, such lands shall be managed in accordance

with the Act of March 1, 1911, as amended (commonly known

as the ‘‘Weeks Act’’), and in accordance with the other laws,

rules and regulations applicable to National Forest System

lands. This paragraph does not limit the Secretary’s authority

to adjust the boundaries pursuant to section 11 of the Act

of March 1, 1911 (‘‘Weeks Act’’). For the purposes of section

7 of the Land and Water Conservation Fund Act of 1965 (16

U.S.C. 460l–9), the boundaries of the Wasatch and Cache

National Forests, as adjusted by this section, shall be considered to be boundaries of the forests as of January 1, 1965.

(e) PHASE FACILITY CONSTRUCTION AND OPERATION.—

(1) PHASE I FACILITY FINDING AND REVIEW.—(A) The

Congress has reviewed the Snowbasin Ski Area Master Development Plan dated October 1995 (hereafter in this subsection

referred to as the ‘‘Master Plan’’). On the basis of such review,

and review of previously completed environmental and other

resource studies for the Snowbasin Ski Area, Congress hereby

finds that the ‘‘Phase I’’ facilities referred to in the Master

Plan to be located on National Forest System land after consummation of the land exchange directed by this section are

limited in size and scope, are reasonable and necessary to

accommodate the 2002 Olympics, and in some cases are

required to provide for the safety of skiing competitors and

spectators.
110 STAT. 4126 PUBLIC LAW 104–333—NOV. 12, 1996

(B) Within 60 days after the date of enactment of this

Act, the Secretary and the Sun Valley Company shall review

the Master Plan insofar as such plan pertains to Phase I

facilities which are to be constructed and operated wholly or

partially on National Forest System lands retained by the

Secretary after consummation of the land exchange directed

by this section. The Secretary may modify such Phase I facilities

upon mutual agreement with the Sun Valley Company or by

imposing conditions pursuant to paragraph (2) of this

subsection.

(C) Within 90 days after the date of enactment of this

Act, the Secretary shall submit the reviewed Master Plan on

the Phase I facilities, including any modifications made thereto

pursuant to subparagraph (B), to the Committee on Energy

and Natural Resources of the United States Senate and the

Committee on Resources of the United States House of

Representatives for a 30-day review period. At the end of the

30-day period, unless otherwise directed by Act of Congress,

the Secretary may issue all necessary authorizations for

construction and operation of such facilities or modifications

thereof in accordance with the procedures and provisions of

paragraph (2) of this subsection.

(2) PHASE I FACILITY APPROVAL, CONDITIONS, AND

TIMETABLE.—Within 120 days of receipt of an application by

the Sun Valley Company to authorize construction and operation of any particular Phase I facility, facilities, or group

of facilities, the Secretary, in consultation with the Sun Valley

Company, shall authorize construction and operation of such

facility, facilities, or group of facilities, subject to the general

policies of the Forest Service pertaining to the construction

and operation of ski area facilities on National Forest System

lands and subject to reasonable conditions to protect National

Forest System resources. In providing authorization to

construct and operate a facility, facilities, or group of facilities,

the Secretary may not impose any condition that would significantly change the location, size, or scope of the applied for

Phase I facility unless—

(A) the modification is mutually agreed to by the

Secretary and the Sun Valley Company; or

(B) the modification is necessary to protect health and

safety.

Nothing in this subsection shall be construed to affect the

Secretary’s responsibility to monitor and assure compliance

with the conditions set forth in the construction and operation

authorization.

(3) CONGRESSIONAL DIRECTIONS.—Notwithstanding any

other provision of law, Congress finds that consummation of

the land exchange directed by this section and all determinations, authorizations, and actions taken by the Secretary pursuant to this section pertaining to Phase I facilities on National

Forest System lands, or any modifications thereof, to be nondiscretionary actions authorized and directed by Congress and

hence to comply with all procedural and other requirements

of the laws of the United States. Such determinations,

authorizations, and actions shall not be subject to administrative or judicial review.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4127

(f) NO PRECEDENT.—Nothing in subsection (c)(4)(B) of this

section relating to conditions or limitations on the appraisal of

the Federal lands, or any provision of subsection (e), relating to

the approval by the Congress or the Forest Service of facilities

on National Forest System lands, shall be construed as a precedent

for subsequent legislation.

SEC. 305. ARKANSAS AND OKLAHOMA LAND EXCHANGE.

(a) FINDINGS.—Congress finds that:

(1) The Weyerhaeuser Company has offered to the United

States Government an exchange of lands under which

Weyerhaeuser would receive approximately 48,000 acres of

Federal land in Arkansas and Oklahoma and all mineral

interests and oil and gas interests pertaining to these

exchanged lands in which the United States Government has

an interest in return for conveying to the United States lands

owned by Weyerhaeuser consisting of approximately 181,000

acres of forested wetlands and other forest land of public

interest in Arkansas and Oklahoma and all mineral interests

and all oil and gas interests pertaining to 48,000 acres of

these 181,000 acres of exchanged lands in which Weyerhaeuser

has an interest, consisting of—

(A) certain lands in Arkansas (Arkansas Ouachita

lands) located near Poteau Mountain, Caney Creek Wilderness, Lake Ouachita, Little Missouri Wild and Scenic River,

Flatside Wilderness and the Ouachita National Forest;

(B) certain lands in Oklahoma (Oklahoma lands)

located near the McCurtain County Wilderness, the Broken

Bow Reservoir, the Glover River, and the Ouachita

National Forest; and

(C) certain lands in Arkansas (Arkansas Cossatot

lands) located on the Little and Cossatot Rivers and identified as the ‘‘Pond Creek Bottoms’’ in the Lower Mississippi

River Delta section of the North American Waterfowl

Management Plan;

(2) acquisition of the Arkansas Cossatot lands by the United

States will remove the lands in the heart of a critical wetland

ecosystem from sustained timber production and other

development;

(3) the acquisition of the Arkansas Ouachita lands and

the Oklahoma lands by the United States for administration

by the Forest Service will provide an opportunity for enhancement of ecosystem management of the National Forest System

lands and resources;

(4) the Arkansas Ouachita lands and the Oklahoma lands

have outstanding wildlife habitat and important recreational

values and should continue to be made available for activities

such as public hunting, fishing, trapping, nature observation,

enjoyment, education, and timber management whenever these

activities are consistent with applicable Federal laws and land

and resource management plans; these lands, especially in

the riparian zones, also harbor endangered, threatened and

sensitive plants and animals and the conservation and restoration of these areas are important to the recreational and educational public uses and will represent a valuable ecological

resource which should be conserved;
110 STAT. 4128 PUBLIC LAW 104–333—NOV. 12, 1996

(5) the private use of the lands the United States will

convey to Weyerhaeuser will not conflict with established

management objectives on adjacent Federal lands;

(6) the lands the United States will convey to Weyerhaeuser

as part of the exchange described in paragraph (1) do not

contain comparable fish, wildlife, or wetland values;

(7) the values of all lands, mineral interests, and oil and

gas interests to be exchanged between the United States and

Weyerhaeuser are approximately equal in value; and

(8) the exchange of lands, mineral interests, and oil and

gas interests between Weyerhaeuser and the United States

is in the public interest.

(b) PURPOSE.—The purpose of this section is to authorize and

direct the Secretary of the Interior and the Secretary of Agriculture,

subject to the terms of this title, to complete, as expeditiously

as possible, an exchange of lands, mineral interests, and oil and

gas interests with Weyerhaeuser that will provide environmental,

land management, recreational, and economic benefits to the States

of Arkansas and Oklahoma and to the United States.

(c) DEFINITIONS.—As used in this section:

(1) LAND.—The terms ‘‘land’’ or ‘‘lands’’ mean the surface

estate and any other interests therein except for mineral

interests and oil and gas interests.

(2) MINERAL INTERESTS.—The term ‘‘mineral interests’’

means geothermal steam and heat and all metals, ores, and

minerals of any nature whatsoever, except oil and gas interests,

in or upon lands subject to this title including, but not limited

to, coal, lignite, peat, rock, sand, gravel, and quartz.

(3) OIL AND GAS INTERESTS.—The term ‘‘oil and gas

interests’’ means all oil and gas of any nature, including carbon

dioxide, helium, and gas taken from coal seams (collectively

‘‘oil and gas’’).

(4) SECRETARIES.—The term ‘‘Secretaries’’ means the

Secretary of the Interior and the Secretary of Agriculture.

(5) WEYERHAEUSER.—The term ‘‘Weyerhaeuser’’ means

Weyerhaeuser Company, a company incorporated in the State

of Washington.

(d) EXCHANGE OF LANDS AND MINERAL INTEREST.—

(1) IN GENERAL.—Subject to paragraph (2) and notwithstanding any other provision of law, within 90 days after the

date of the enactment of this Act, the Secretary of Agriculture

shall convey to Weyerhaeuser, subject to any valid existing

rights, approximately 20,000 acres of Federal lands and mineral

interests in the State of Arkansas and approximately 28,000

acres of Federal lands and mineral interests in the State of

Oklahoma as depicted on maps entitled ‘‘Arkansas-Oklahoma

Land Exchange—Federal Arkansas and Oklahoma Lands,’’

dated February 1996 and available for public inspection in

appropriate offices of the Secretaries.

(2) OFFER AND ACCEPTANCE OF LANDS.—The Secretary of

Agriculture shall make the conveyance to Weyerhaeuser if

Weyerhaeuser conveys deeds of title to the United States, subject to limitations and the reservation described in subsection

(e) and which are acceptable to and approved by the Secretary

of Agriculture to the following—

(A) approximately 115,000 acres of lands and mineral

interests in the State of Oklahoma, as depicted on a map
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4129

entitled ‘‘Arkansas-Oklahoma Land Exchange—

Weyerhaeuser Oklahoma Lands,’’ dated February 1996 and

available for public inspection in appropriate offices of the

Secretaries;

(B) approximately 41,000 acres of lands and mineral

interests in the State of Arkansas, as depicted on a map

entitled ‘‘Arkansas-Oklahoma Land Exchange—

Weyerhaeuser Arkansas Ouachita Lands,’’ dated February

1996 and available for public inspection in appropriate

offices of the Secretaries; and

(C) approximately 25,000 acres of lands and mineral

interests in the State of Arkansas, as depicted on a map

entitled ‘‘Arkansas-Oklahoma Land Exchange—

Weyerhaeuser Arkansas Cossatot Lands,’’ dated February

1996 and available for public inspection in appropriate

offices of the Secretaries.

(e) EXCHANGE OF OIL AND GAS INTERESTS.—

(1) IN GENERAL.—Subject to paragraph (2) and notwithstanding any other provision of law, at the same time as the

exchange for land and mineral interests is carried out pursuant

to this section, the Secretary of Agriculture shall exchange

all Federal oil and gas interests, including leases and other

agreements, in the lands described in subsection (d)(1) for

equivalent oil and gas interests, including existing leases and

other agreements, owned by Weyerhaeuser in the lands

described in subsection (d)(2).

(2) RESERVATION.—In addition to the exchange of oil and

gas interests pursuant to paragraph (1), Weyerhaeuser shall

reserve oil and gas interests in and under the lands depicted

for reservation upon a map entitled Arkansas-Oklahoma Land

Exchange—Weyerhaeuser Oil and Gas Interest Reservation

Lands, dated February 1996 and available for public inspection

in appropriate offices of the Secretaries. Such reservation shall

be subject to the provisions of this title and the form of such

reservation shall comply with the jointly agreed to

Memorandum of Understanding between the Forest Service

and Weyerhaeuser dated March 27, 1996 and on file with

the Office of the Chief of the Forest Service in Washington,

D.C. and with the Committee on Energy and Natural Resources

of the United States Senate and the Committee on Resources

of the United States House of Representatives.

(f) GENERAL PROVISIONS.—

(1) MAPS CONTROLLING.—The acreage cited in this section

is approximate. In the case of a discrepancy between the

description of lands, mineral interests, or oil and gas interests

to be exchanged pursuant to subsections (d) and (e) and the

lands, mineral interests, or oil and gas interests depicted on

a map referred to in such subsection, the map shall control.

The maps referenced in this section shall be subject to such

minor corrections as may be agreed upon by the Secretaries

and Weyerhaeuser so long as the Secretary of Agriculture notifies the Committee on Energy and Natural Resources of the

United States Senate and the Committee on Resources of the

United States House of Representatives of any such minor

corrections.

(2) FINAL MAPS.—Not later than 180 days after the conclusion of the exchange required by subsections (d) and (e), the
110 STAT. 4130 PUBLIC LAW 104–333—NOV. 12, 1996

Secretaries shall transmit maps accurately depicting the lands,

mineral interests, and oil and gas interests conveyed and transferred pursuant to this section and the acreage and boundary

descriptions of such lands, mineral interests, and oil and gas

interests to the Committee on Energy and Natural Resources

of the Senate and the Committee on Resources of the House

of Representatives.

(3) CANCELLATION.—If, before the exchange has been carried out pursuant to subsections (d) and (e), Weyerhaeuser

provides written notification to the Secretaries that

Weyerhauser no longer intends to complete the exchange, with

respect to the lands, mineral interests, and oil and gas interests

that would otherwise be subject to exchange, the status of

such lands, mineral interests, and oil and gas interests shall

revert to the status of such lands, mineral interests, and oil

and gas interests as of the day before the date of enactment

of this Act and shall be managed in accordance with applicable

law and management plans.

(4) WITHDRAWAL.—Subject to valid existing rights, the land

and interests therein depicted for conveyance to Weyerhauser

on the maps referenced in subsections (d) and (e) are withdrawn

from all forms of entry and appropriation under the public

land laws (including the mining laws) and from the operation

of mineral leasing and geothermal steam leasing laws effective

upon the date of the enactment of this title. Such withdrawal

shall terminate 45 days after completion of the exchange provided for in subsections (d) and (e) or on the date of notification

by Weyerhauser of a decision not to complete the exchange.

(g) NATIONAL FOREST SYSTEM.— (1) ADDITION TO THE SYSTEM.—Upon approval and acceptance of title by the Secretary of Agriculture, the 156,000 acres

of land conveyed to the United States pursuant to subsection

(d)(2) (A) and (B) of this section shall be subject to the Act

of March 1, 1911 (commonly known as the Weeks Law) (36

Stat. 961, as amended), and shall be administered by the

Secretary of Agriculture in accordance with the laws and regulations pertaining to the National Forest System.

(2) PLAN AMENDMENTS.—No later than 12 months after

the completion of the exchange required by this section, the

Secretary of Agriculture shall begin the process to amend

applicable land and resource management plans with public

involvement pursuant to section 6 of the Forest and Rangeland

Renewable Resource Planning Act of 1974, as amended by

the National Forest Management Act of 1976 (16 U.S.C. 1604):

Provided, That no amendment or revision of applicable land

and resource management plans shall be required prior to

completion of the amendment process required by this paragraph for the Secretary of Agriculture to authorize or undertake

activities consistent with forest wide standards and guidelines

and all other applicable laws and regulations on lands conveyed

to the United States pursuant to subsection (d)(2) (A) and

(B).

(h) OTHER.— (1) ADDITION TO THE NATIONAL WILDLIFE REFUGE SYSTEM.— Once acquired by the United States, the 25,000 acres of land

identified in subsection (d)(2)(C), the Arkansas Cossatot lands,

shall be managed by the Secretary of the Interior as a

component of the Cossatot National Wildlife Refuge in accord16 USC 668dd

note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4131

ance with the National Wildlife Refuge System Administration

Act of 1996 (16 U.S.C. 668dd–668ee).

(2) PLAN PREPARATION.—Within 24 months after the

completion of the exchange required by this section, the

Secretary of the Interior shall prepare and implement a single

refuge management plan for the Cossatot National Wildlife

Refuge, as expanded by this title. Such plans shall recognize

the important public purposes served by the nonconsumptive

activities, other recreational activities, and wildlife-related

public use, including hunting, fishing, and trapping. The plan

shall permit, to the maximum extent practicable, compatible

uses to the extent that they are consistent with sound wildlife

management and in accordance with the National Wildlife

Refuge System Administration Act of 1996 (16 U.S.C. 668dd–

668ee) and other applicable laws. Any regulations promulgated

by the Secretary of the Interior with respect to hunting, fishing,

and trapping on those lands shall, to the extent practicable,

be consistent with State fish and wildlife laws and regulations.

In preparing the management plan and regulations, the

Secretary of the Interior shall consult with the Arkansas Game

and Fish Commission.

(3) INTERIM USE OF LANDS.—

(A) IN GENERAL.—Except as provided in paragraph (2)

during the period beginning on the date of the completion

of the exchange of lands required by this section and ending

on the first date of the implementation of the plan prepared

under paragraph (2), the Secretary of the Interior shall

administer all lands added to the Cossatot National Wildlife Refuge pursuant to this title in accordance with the

National Wildlife Refuge System Administration Act of

1966 (16 U.S.C. 668dd–668ee) and other applicable laws.

(B) HUNTING SEASONS.—During the period described

in subparagraph (A), the duration of any hunting season

on the lands described in paragraph (1) shall comport with

the applicable State law.

(i) OUACHITA NATIONAL FOREST BOUNDARY ADJUSTMENT.—

Upon acceptance of title by the Secretary of Agriculture of the

lands conveyed to the United States pursuant to subsection (d)(2)

(A) and (B), the boundaries of the Ouachita National Forest shall

be adjusted to encompass those lands conveyed to the United States

generally depicted on the appropriate maps referred to in subsection

(d). Nothing in this subsection shall limit the authority of the

Secretary of Agriculture to adjust the boundary pursuant to section

11 of the Weeks Law of March 1, 1911. For the purposes of section

7 of the Land and Water Conservation Fund Act of 1965 (16

U.S.C. 460l–9), the boundaries of the Ouachita National Forest,

as adjusted by this section, shall be considered to be the boundaries

of the Forest as of January 1, 1965.

(j) MAPS AND BOUNDARY DESCRIPTIONS.—Not later than 180

days after the date of enactment of this title, the Secretary of

Agriculture shall prepare a boundary description of the lands

depicted on the map(s) referred to in subsection (d)(2) (A) and

(B). Such map(s) and boundary description shall have the same

force and effect as if included in this Act, except that the Secretary

of Agriculture may correct clerical and typographical errors.
110 STAT. 4132 PUBLIC LAW 104–333—NOV. 12, 1996

SEC. 306. BIG THICKET NATIONAL PRESERVE.

(a) EXTENSION.—The last sentence of subsection (d) of the first

section of the Act entitled ‘‘An Act to authorize the establishment

of the Big Thicket National Preserve in the State of Texas, and

for other purposes’’, approved October 11, 1974 (16 U.S.C. 698(d)),

is amended by striking out ‘‘two years after date of enactment’’

and inserting ‘‘five years after the date of enactment’’.

(b) INDEPENDENT APPRAISAL.—Subsection (d) of the first section

of such Act (16 U.S.C. 698(d)) is further amended by adding at

the end the following: ‘‘The Secretary, in considering the values

of the private lands to be exchanged under this subsection, shall

consider independent appraisals submitted by the owners of the

private lands.’’

(c) LIMITATION.—Subsection (d) of the first section of such Act

(16 U.S.C. 698(d)), as amended by subsection (b), is further amended

by adding at the end the following: ‘‘The authority to exchange

lands under this subsection shall expire on July 1, 1998.’’.

(d) REPORTING REQUIREMENT.—Not later than 6 months after

the date of the enactment of this Act and every 6 months thereafter

until the earlier of the consummation of the exchange of July

1, 1998, the Secretary of the Interior and the Secretary of Agriculture shall each submit a report to the Committee on Resources

of the House of Representatives and the Committee on Energy

and Natural Resources of the Senate concerning the progress in

consummating the land exchange authorized by the amendments

made by the Big Thicket National Preserve Addition Act of 1993

(Public Law 103–46).

(e) LAND EXCHANGE IN LIBERTY COUNTY, TEXAS.—If, within

one year after the date of the enactment of this Act—

(1) the owners of the private lands described in subsection

(f)(1) offer to transfer all their right, title, and interest in

and to such lands to the Secretary of the Interior, and

(2) Liberty County, Texas, agrees to accept the transfer

of the Federal lands described in subsection (f)(2),

the Secretary shall accept such offer of private lands and, in

exchange and without additional consideration, transfer to Liberty

County, Texas, all right, title, and interest of the United States

in and to the Federal lands described in subsection (f)(2).

(f) LANDS DESCRIBED.—

(1) PRIVATE LANDS.—The private lands described in this

paragraph are approximately 3.76 acres of lands located in

Liberty County, Texas, as generally depicted on the map

entitled ‘‘Big Thicket Lake Estates Access—Proposed’’.

(2) FEDERAL LANDS.—The Federal lands described in this

paragraph are approximately 2.38 acres of lands located in

Menard Creek Corridor Unit of the Big Thicket National

Preserve, as generally depicted on the map referred to in paragraph (1).

(g) ADMINISTRATION OF LANDS ACQUIRED BY THE UNITED

STATES.—The lands acquired by the Secretary under subsection

(e) shall be added to and administered as part of the Menard

Creek Corridor Unit of the Big Thicket National Preserve.

SEC. 307. LOST CREEK LAND EXCHANGE.

(a) LAND EXCHANGE.—

16 USC 698 note.

16 USC 698 note.

16 USC 698 note.

16 USC 698 note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4133

(1) IN GENERAL.—Notwithstanding any other provision of

law, the Secretary of Agriculture (referred to in this section

as the ‘‘Secretary’’) shall—

(A) acquire by exchange certain land and interests

in land owned by R–Y Timber, Inc., and its affiliates,

successors, and assigns (referred to in this section as the

‘‘Corporation’’), located in the Lost Creek and Twin Lakes

areas of the Beaverhead-Deerlodge National Forest,

Montana; and

(B)(i) convey certain land and interests in land owned

by the United States and located in the BeaverheadDeerlodge National Forest and the Gallatin National

Forest, Montana, to the Corporation; and

(ii) grant the right to harvest timber on land in the

Beaverhead-Deerlodge National Forest and the Gallatin

National Forest as specified in the document under paragraph (4).

(2) OFFER AND ACCEPTANCE OF LAND.—

(A) NON-FEDERAL LAND.—If the Corporation offers to

convey to the United States fee title that is acceptable

to the Secretary to approximately 17,567 acres of land

owned by the Corporation and available for exchange, as

depicted on the map entitled ‘‘R–Y/Forest Service Land

Exchange Proposal’’, dated June 1996, and described in

the document under paragraph (4), the Secretary shall

accept a warranty deed to the land.

(B) FEDERAL LAND.—

(i) CONVEYANCE.—On acceptance of title to the

Corporation’s land under subparagraph (A) and on the

effective date of the document under paragraph (4),

the Secretary shall—

(I) convey to the Corporation, subject to valid

existing rights, by exchange deed, fee title to

approximately 7,185 acres in the BeaverheadDeerlodge National Forest; and

(II) grant to the Corporation the right to harvest approximately 6,200,000 board feet of timber

on certain land in the Beaverhead-Deerlodge

National Forest and approximately 4,000,000

board feet of timber on certain land in the Gallatin

National Forest, collectively referred to as the harvest volume, as depicted on the map described

in subparagraph (A) and subject to the terms and

conditions stated in the document under paragraph

(4).

(3) TIMBER HARVESTING.—

(A) IN GENERAL.—The timber harvest volume described

in paragraph (2)(B)(i)(II) is in addition to, and is not

intended as an offset against, the present or future planned

timber sale program for the Beaverhead-Deerlodge

National Forest or the Gallatin National Forest, so long

as the allowable sale quantity for each national forest,

respectively, is not exceeded for the planning period.

(B) SBA SHARE.—The Forest Service shall not reduce

its Small Business Administration share of timber sale

set-aside offerings in the Beaverhead-Deerlodge National
110 STAT. 4134 PUBLIC LAW 104–333—NOV. 12, 1996

Forest or the Gallatin National Forest by reason of the

land exchange under this subsection.

(C) MINIMUM AND MAXIMUM ANNUAL HARVESTS.—

(i) IN GENERAL.— Subject to clause (ii)—

(I) not less than 20 nor more than 30 percent

of the timber described in paragraph (2)(B)(i)(II)

shall be made available by the end of each fiscal

year over a 4- or 5-year period beginning with

the first fiscal year that begins after the date

of enactment of this Act; and

(II) the Corporation shall be allowed at least

3 years after the end of each fiscal year in which

to complete the harvest of timber made available

for that fiscal year.

(ii) EXCEPTIONAL CIRCUMSTANCES.—The timber

harvest volumes specified in clause (i) shall not be

required in the case of the occurrence of exceptional

circumstances identified in the agreement under

paragraph (4). In the case of such an occurrence that

results in the making available of less than 20 percent

of the timber for any fiscal year, the Secretary shall

provide compensation of equal value to the Corporation

in a form provided for in the agreement under paragraph (4).

(4) LAND EXCHANGE SPECIFICATION AGREEMENT.—

(A) IN GENERAL.— Notwithstanding any other provision

of law, a document entitled ‘‘R–Y/Forest Service Land

Exchange Specifications’’ shall be jointly developed and

agreed to by the Corporation and the Secretary.

(B) DESCRIPTIONS OF LANDS TO BE EXCHANGED.—The

document under subparagraph (A) shall define the nonFederal and Federal lands and interests in land to be

exchanged and include legal descriptions of the lands and

interests in land and an agreement to harvest timber on

National Forest System land in accordance with the

standard timber contract specifications, section 251.14 of

title 36, Code of Federal Regulations (as in effect on the

date of enactment of this Act), and any other pertinent

conditions.

(C) SUBMISSION TO CONGRESS.—The document under

subparagraph (A)—

(i) upon its completion shall be submitted to the

Committee on Energy and Natural Resources of the

Senate and the Committee on Resources of the House

of Representatives; and

(ii) shall not take effect until 45 days after the

date of submission to both committees.

(D) DESIGN AND LAYOUT.—

(i) IN GENERAL.—The Forest Service shall determine the timber sale design and layout in consultation

with the Corporation.

(ii) HARVEST VOLUME.—Identification of the timber

harvest volume shall be determined in accordance with

Department of Agriculture standards.

(iii) MONITORING.—The Forest Service shall

monitor harvest and post-harvest activities to ensure
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4135

compliance with the terms and conditions of the document under subparagraph (A).

(5) CONFLICT.—In case of conflict between the map

described in paragraph (2)(A) and the document under paragraph (4), the map shall control.

(b) TITLE.—

(1) REVIEW OF TITLE.—Not later than 60 days after receipt

of title documents from the Corporation, the Secretary shall

review the title for the non-Federal land described in subsection

(a)(2)(A) and determine whether—

(A) title standards of the Department of Justice

applicable to Federal land acquisition have been satisfied

or the quality of title is otherwise acceptable to the

Secretary;

(B) all draft conveyances and closing documents have

been received and approved;

(C) a current title commitment verifying compliance

with applicable title standards has been issued to the

Secretary; and

(D) the Corporation has complied with the conditions

imposed by this section.

(2) UNACCEPTABLE QUALITY OF TITLE.—If the quality of

title does not meet Federal standards and is not otherwise

acceptable to the Secretary, the Secretary shall advise the

Corporation regarding corrective actions necessary to make an

affirmative determination.

(3) CONVEYANCE OF TITLE.—The Secretary shall accept the

conveyance of land described in subsection (a)(2)(A) not later

than 60 days after the Secretary has made an affirmative

determination of quality of title.

(c) GENERAL PROVISIONS.—

(1) MAPS AND DOCUMENTS.—

(A) IN GENERAL.—The map described in subsection

(a)(2)(A) and the document under subsection (a)(4) shall

be subject to such minor corrections may be agreed upon

by the Secretary and the Corporation.

(B) PUBLC AVAILABILITY.—The map described in subsection (a)(2)(A) and the document under subsection (a)(4)

shall be on file and available for public inspection in the

appropriate offices for the Forest Service.
110 STAT. 4136 PUBLIC LAW 104–333—NOV. 12, 1996

(2) NATIONAL FOREST SYSTEM LAND.—

(A) IN GENERAL.—All land conveyed to the United

States under this section shall be added to and administered as part of the Beaverhead-Deerlodge National Forest

and shall be administered by the Secretary in accordance

with the laws (including regulations) pertaining to the

National Forest System.

(B) WILDERNESS STUDY AREA ACQUISITIONS.—Land

acquired under this section that is located within the

boundary of a wilderness area in existence on the date

of enactment of this Act shall be included within the

National Wilderness Preservation System.

(3) VALUATION.—The values of the lands and interests in

land to be exchanged under this section are deemed to be

equal.

(4) LIABILITY FOR HAZARDOUS SUBSTANCES.—The United

States (including the departments, agencies, and employees

of the United States) shall not be liable under the Comprehensive Environmental Response, Compensation, and Liability Act

of 1980 (42 U.S.C. 9601 et seq.), the Federal Water Pollution

Control Act (33 U.S.C. 1251 et seq.), or any other Federal,

State, or local law solely as a result of the acquisition of

an interest in the land described in subsection (a)(2)(A) or

because of circumstances or events occurring before the acquisition, including any release or threat of release of a hazardous

substance.

(5) RELEASE FROM STUDY.—The land comprising approximately 1.320 acres in the Beaverhead-Deerlodge National

Forest, as generally depicted on the map entitled ‘‘West Pioneer

Study Deletion—Proposed’’, dated 1994, is released from study

under section 2(a)(1) of the Montana Wilderness Study Act

of 1977 (91 Stat. 1243).

SEC. 308. CLEVELAND NATIONAL FOREST LAND EXCHANGE.

(a) CONVEYANCE BY THE SECRETARY OF AGRICULTURE.—

(1) CONVEYANCE.—In exchange for the conveyance

described in subsection (b), the Secretary of Agriculture (hereinafter referred to as the ‘‘Secretary’’) shall convey to the Orange

County Council of the Boy Scouts of America all right, title,

and interest of the United States in and to the parcel of land

described in paragraph (2) located in the Cleveland National

Forest. The parcel conveyed by the Secretary shall be subject

to valid existing rights and to any easements that the Secretary

considers necessary for public and administrative access.

(2) DESCRIPTION OF PARCEL.—The parcel of land referred

to in paragraph (1) consists of not more than 60 acres of

land in Section 28, Township 9 South, Range 4 East, San

Bernardino Meridian, in the unincorporated territory of San

Diego County, California.

(b) CONVEYANCE BY THE BOY SCOUTS OF AMERICA.—

(1) CONVEYANCE.—In exchange for the conveyance

described in subsection (a), the Orange County Council of the

Boy Scouts of America shall convey to the United States all

right, title, and interest to the parcel of land described in

paragraph (2). The parcel conveyed under this subsection shall
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4137

be subject to such valid existing rights of record as may be

acceptable to the Secretary, and the title to the parcel shall

conform with the title approval standards applicable to Federal

land acquisitions.

(2) DESCRIPTION OF PARCEL.—The parcel of land referred

to in paragraph (1) shall be approximately equal in value

to the lands described in subsection (a)(2) and shall be at

least the Southerly 94 acres of the Westerly 1⁄2 of Section

34, Township 9 South, Range 4 East, San Bernardino Meridian,

in the unincorporated territory of San Diego County, California.

(c) BOUNDARY ADJUSTMENT.—Upon the completion of the land

exchange authorized under this section, the Secretary shall adjust

the boundaries of the Cleveland National Forest to exclude the

parcel conveyed by the Secretary under subsection (a) and to include

the parcel obtained by the Secretary under subsection (b). For

purposes of section 7 of the Land and Water Conservation Fund

Act of 1964 (16 U.S.C. 460l–9), the boundary of the Cleveland

National Forest, as modified by this title, shall be considered the

boundary of the forest as of January 1, 1965.

(d) INCORPORATION INTO CLEVELAND NATIONAL FOREST.—Upon

acceptance of title by the Secretary, the parcel obtained by the

Secretary under subsection (b) shall become part of the Cleveland

National Forest and shall be subject to all laws applicable to such

national forest.

SEC. 309. SAND HOLLOW LAND EXCHANGE.

(a) DEFINITIONS.—As used in this section:

(1) DISTRICT.—The term ‘‘District’’ means the Water

Conservancy District of Washington County, Utah.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(3) BULLOCH SITE.—The term ‘‘Bulloch Site’’ means the

lands located in Kane County, Utah, adjacent to Zion National

Park, comprised of approximately 550 acres, as generally

depicted on a map entitled ‘‘Washington County Water Conservancy District Exchange Proposal’’ and dated May 30, 1996.

(4) SAND HOLLOW SITE.—The term ‘‘Sand Hollow Site’’

means the lands located in Washington County, Utah, Comprised of approximately 3,000 acres, as generally depicted on

a map entitled ‘‘Washington County Water Conservancy District

Exchange Proposal’’ and dated May 30, 1996.

(5) QUAIL CREEK PIPELINE.—The term ‘‘Quail Creek

Pipeline’’ means the lands located in Washington County, Utah,

comprised of approximately 40 acres, as generally depicted

on a map entitled ‘‘Washington County Water Conservancy

District Exchange Proposal’’ and dated May 30, 1996.

(6) QUAIL CREEK RESERVOIR.—The term ‘‘Quail Creek

Reservoir’’ means the lands located in Washington County,

Utah, comprised of approximately 480.5 acres, as generally

depicted on a map entitled ‘‘Washington County Water Conservancy District Exchange Proposal’’ and dated May 30, 1996.

(7) SMITH PROPERTY.—The term ‘‘Smith Property’’ means

the lands located in Washington County, Utah, comprised of

approximately 1,550 acres as generally depicted on a map entitled ‘‘Washington County Water Conservancy District Exchange

Proposal’’ and dated May 30, 1996.

(b) EXCHANGE.—
110 STAT. 4138 PUBLIC LAW 104–333—NOV. 12, 1996

(1) IN GENERAL.—Subject to the provisions of this section,

if within 18 months after the date of the enactment of this

Act, the Water Conservancy District of Washington County,

Utah, offers to transfer to the United States all right, title,

and interest of the District in and to the Bulloch Site, the

Secretary of the Interior shall, in exchange, transfer to the

District all right, title, and interest of the United States in

and to the Sand Hollow Site, the Quail Creek Pipeline and

Quail Creek Reservoir, subject to valid existing rights.

(2) WATER RIGHTS ASSOCIATED WITH THE BULLOCH SITE.—

The water rights associated with the Bulloch Site shall be

transferred to the United States pursuant to Utah State law.

(3) WITHDRAWAL OF MINERAL INTERESTS.—Subject to valid

existing rights, the mineral interests underlying the Sand

Hollow Site, the Quail Creek Reservoir, and the Quail Creek

Pipeline are hereby withdrawn from disposition under the public land laws and from location, entry, and patent under the

mining laws of the United States, from the operation of the

mineral leasing laws of the United States, from the operation

of the Geothermal Steam Act of 1970, and from the operation

of the Act of July 31, 1947, commonly known as the ‘‘Materials

Act of 1947’’ (30 U.S.C. 601 et seq.).

(4) GRAZING.—The exchange of lands under paragraph (1)

shall be subject to agreement by the District to continue to

permit the grazing of domestic livestock on the Sand Hollow

Site under the terms and conditions of existing Federal grazing

leases or permits, except that the District, upon terminating

any such lease or permit, shall fully compensate the holder

of the terminated lease or permit.

(c) EQUALIZATION OF VALUES.—The value of the lands transferred out of Federal ownership under subsection (b) either shall

be equal to the value of the lands received by the Secretary under

that section or, if not, shall be equalized by—

(1) to the extent possible, transfer of all right, title, and

interest of the District in and to lands in Washington County,

Utah, and water rights of the District associated thereto,

which are within the area providing habitat for the desert

tortoise, as determined by the Director of the Bureau of Land

Management;

(2) transfer of all right, title, and interest of the District

in and to lands in the Smith Site and water rights of the

District associated thereto; and

(3) the payment of money to the Secretary, to the extent

that lands and rights transferred under paragraphs (1) and

(2) are not sufficient to equalize the values of the lands

exchanged under subsection (b)(1).

(d) MANAGEMENT OF LANDS ACQUIRED BY THE UNITED

STATES.—Lands acquired by the Secretary under this section shall

be administered by the Secretary, acting through the Director of

the Bureau of Land Management, in accordance with the provisions

of law generally applicable to the public lands, including the Federal

Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

(e) NATIONAL ENVIRONMENTAL POLICY ACT OF 1976.—The

exchange of lands under this section is not subject to section 102

of the National Environmental Policy Act of 1969 (42 U.S.C. 4322).

(f) VALUATION OF LANDS TO BE ACQUIRED BY THE UNITED

STATES IN WASHINGTON COUNTY, UTAH.—In acquiring any lands
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4139

and any interests in lands in Washington County, Utah, by purchase, exchange, donation or other transfers of interest, the

Secretary of the Interior shall appraise, value, and offer to acquire

such lands and interests without regard to the presence of a species

listed as threatened or endangered or any proposed or actual designation of such property as critical habitat for a species listed

as threatened or endangered pursuant to the Endangered Species

Act of 1973 (16 U.S.C. 1531 et seq.).

SEC. 310. BUREAU OF LAND MANAGEMENT AUTHORIZATION FOR

FISCAL YEARS 1997 THROUGH 2002.

Section 318(a) of the Federal Land Policy and Management

Act of 1976 (43 U.S.C. 1748(a)) is amended by striking out ‘‘October

1, 1978’’ and by inserting in lieu thereof ‘‘October 1, 2002’’.

SEC. 311. KENAI NATIVES ASSOCIATION LAND EXCHANGE.

(a) SHORT TITLE.—This section may be cited as the ‘‘Kenai

Natives Association Equity Act Amendments of 1996’’.

(b) FINDINGS AND PURPOSE.— (1) FINDINGS.—The Congress finds the following:

(A) The United States Fish and Wildlife Service and

Kenai Natives Association, Inc., have agreed to transfers

of certain land rights, in and near the Kenai National

Wildlife Refuge, negotiated as directed by Public Law

102–458.

(B) The lands to be acquired by the Service are within

the area impacted by the Exxon Valdez oil spill of 1989,

and these lands included important habitat for various

species of fish and wildlife for which significant injury

resulting from the spill has been documented through the

EVOS Trustee Council restoration process. This analysis

has indicated that these lands generally have value for

the restoration of such injured natural resources as pink

salmon, dolly varden, bald eagles, river otters, and cultural

and archaeological resources. This analysis has also

indicated that these lands generally have high value for

the restoration of injured species that rely on these natural

resources, including wilderness quality, recreation, tourism,

and subsistence.

(C) Restoration of the injured species will benefit from

acquisition and the prevention of disturbances which may

adversely affect their recovery.

(D) It is in the public interest to complete the conveyances provided for in this section.

(2) PURPOSE.—The purpose of this section is to authorize

and direct the Secretary, at the election of KNA, to complete

the conveyances provided for in this section.

(c) DEFINITIONS.—For purposes of this section, the term—

(1) ‘‘ANCSA’’ means the Alaska Native Claims Settlement

Act of 1971 (43 U.S.C. 1601 et seq.);

(2) ‘‘ANILCA’’ means the Alaska National Interest Lands

Conservation Act (Public Law 96–487; 94 Stat. 2371 et seq.);

(3) ‘‘conservation system unit’’ has the same meaning as

in section 102(4) of ANILCA (16 U.S.C. 3102(4));

(4) ‘‘CIRI’’ means the Cook Inlet Region, Inc., a Native

Regional Corporation incorporated in the State of Alaska

pursuant to the terms of ANCSA;

(5) ‘‘EVOS’’ means the Exxon Valdez oil spill;

Exxon Valdez.

Kenai Natives

Association

Equity Act

Amendments of

1996.

43 USC 1784

note.
110 STAT. 4140 PUBLIC LAW 104–333—NOV. 12, 1996

(6) ‘‘KNA’’ means the Kenai Natives Association, Inc., an

urban corporation incorporated in the State of Alaska pursuant

to the terms of ANCSA;

(7) ‘‘lands’’ means any lands, waters, or interests therein;

(8) ‘‘Refuge’’ means the Kenai National Wildlife Refuge;

(9) ‘‘Secretary’’ means the Secretary of the Interior;

(10) ‘‘Service’’ means the United States Fish and Wildlife

Service; and

(11) ‘‘Terms and Conditions’’ means the Terms and Conditions for Land Consolidation and Management in the Cook

Inlet Area, as clarified on August 31, 1976, ratified by section

12 of Public Law 94–204 (43 U.S.C. 1611 note).

(d) ACQUISITION OF LANDS.—

(1) OFFER TO KNA.—

(A) IN GENERAL.—Subject to the availability of the

funds identified in paragraph (2)(C), no later than 90 days

after the date of enactment of this section, the Secretary

shall offer to convey to KNA the interests in land and

rights set forth in paragraph (2)(B), subject to valid existing

rights, in return for the conveyance by KNA to the United

States of the interests in land or relinquishment of ANCSA

selections set forth in paragraph (2)(A). Payment for the

lands conveyed to the United States by KNA is contingent

upon KNA’s acceptance of the entire conveyance outlined

herein.

(B) LIMITATION.—The Secretary may not convey any

lands or make payment to KNA under this section unless

title to the lands to be conveyed by KNA under this section

has been found by the United States to be sufficient in

accordance with the provisions of section 355 of the Revised

Statutes (40 U.S.C. 255).

(2) ACQUISITION LANDS.—

(A) LANDS TO BE CONVEYED TO THE UNITED STATES.—

The lands to be conveyed by KNA to the United States,

or the valid selection rights under ANCSA to be relinquished, all situated within the boundary of the Refuge,

are the following:

(i) The conveyance of approximately 803 acres

located along and on islands within the Kenai River,

known as the Stephanka Tract.

(ii) The conveyance of approximately 1,243 acres

located along the Moose River, known as the Moose

River Patented Lands Tract.

(iii) The relinquishment of KNA’s selection known

as the Moose River Selected Tract, containing approximately 753 acres located along the Moose River.

(iv) The relinquishment of KNA’s remaining

ANCSA entitlement of approximately 454 acres.

(v) The relinquishment of all KNA’s remaining

overselections. Upon completion of all relinquishments

outlined above, all KNA’s entitlement shall be deemed

to be extinguished and the completion of this acquisition will satisfy all of KNA’s ANCSA entitlement.

(vi) The conveyance of an access easement providing the United States and its assigns access across

KNA’s surface estate in the SW1⁄4 of section 21, T.

6 N., R. 9 W., Seward Meridian, Alaska.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4141

(vii) The conveyance of approximately 100 acres

within the Beaver Creek Patented Tract, which is

contiguous to lands being retained by the United States

contiguous to the Beaver Creek Patented Tract, in

exchange for 280 acres of Service lands currently

situated within the Beaver Creek Selected Tract.

(B) LANDS TO BE CONVEYED TO KNA.—The rights provided or lands to be conveyed by the United States to

KNA, are the following:

(i) The surface and subsurface estate to approximately 5 acres, subject to reservations of easements

for existing roads and utilities, located within the city

of Kenai, Alaska, identified as United States Survey

1435, withdrawn by Executive Order 2943 and known

as the old Fish and Wildlife Service Headquarters site.

(ii) The remaining subsurface estate held by the

United States to approximately 13,651 acres, including

portions of the Beaver Creek Patented Tract, the

Beaver Creek Selected Tract, and portions of the Swanson River Road West Tract and the Swanson River

Road East Tract, where the surface was previously

or will be conveyed to KNA pursuant to this Act but

excluding the SW1⁄4 of section 21, T. 6 N., R. 9 W,

Seward Meridian, Alaska, which will be retained by

the United States. The conveyance of these subsurface

interests will be subject to the rights of CIRI to the

coal, oil, gas, and to all rights CIRI, its successors,

and assigns would have under paragraph 1(B) of the

Terms and Conditions, including the right to sand

and gravel, to construct facilities, to have rights-ofway, and to otherwise develop it subsurface interests.

(iii)(I) The nonexclusive right to use sand and

gravel which is reasonably necessary for on-site

development without compensation or permit on those

portions of the Swanson River Road East Tract,

comprising approximately 1,738.04 acres; where the

entire subsurface of the land is presently owned by

the United States. The United States shall retain the

ownership of all other sand and gravel located within

the subsurface and KNA shall not sell or dispose of

such sand and gravel.

(II) The right to excavate within the subsurface

estate as reasonably necessary for structures, utilities,

transportation systems, and other development of the

surface estate.

(iv) The nonexclusive right to excavate within the

subsurface estate as reasonably necessary for structures, utilities, transportation systems, and other

development of the surface estate on the SW1⁄4, section

21, T. 6 N., R. 9 W., Seward Meridian, Alaska, where

the entire subsurface of the land is owned by the

United States and which public lands shall continue

to be withdrawn from mining following their removal

from the Refuge boundary under paragraph (3)(A)(ii).

The United States shall retain the ownership of all

other sand and gravel located within the subsurface

of this parcel.
110 STAT. 4142 PUBLIC LAW 104–333—NOV. 12, 1996

(v) The surface estate of approximately 280 acres

known as the Beaver Creek Selected Tract. This tract

shall be conveyed to KNA in exchange for lands

conveyed to the United States as described in paragraph (2)(A)(ii).

(C) PAYMENT.—The United States shall make a total

cash payment to KNA for the above-described lands of

$4,443,000, contingent upon the appropriate approvals of

the Federal or State of Alaska EVOS Trustees (or both)

necessary for any expenditure of the EVOS settlement

funds.

(D) NATIONAL REGISTER OF HISTORIC PLACES.—Upon

completion of the acquisition authorized in paragraph (1),

the Secretary shall, at no cost to KNA, in coordination

with KNA, promptly undertake to nominate the Stephanka

Tract to the National Register of Historic Places, in recognition of the archaeological artifacts from the original

Dena’ina Settlement. If the Department of the Interior

establishes a historical, cultural, or archaeological interpretive site, KNA shall have the exclusive right to operate

a Dena’ina interpretive site on the Stephanka Tract under

the regulations and policies of the department. If KNA

declines to operate such a site, the department may do

so under its existing authorities. Prior to the department

undertaking any archaeological activities whatsoever on

the Stephanka Tract, KNA shall be consulted.

(3) GENERAL PROVISIONS.—

(A) REMOVAL OF KNA LANDS FROM THE NATIONAL

WILDLIFE REFUGE SYSTEM.—

(i) Effective on the date of closing for the Acquisition Lands identified in paragraph (2)(B), all lands

retained by or conveyed to KNA pursuant to this section, and the subsurface interests of CIRI underlying

such lands shall be automatically removed from the

National Wildlife Refuge System and shall neither be

considered as part of the Refuge nor subject to any

laws pertaining solely to lands within the boundaries

of the Refuge. The conveyance restrictions imposed

by section 22(g) of ANCSA (i) shall then be ineffective

and cease to apply to such interests of KNA and CIRI,

and (ii) shall not be applicable to the interests received

by KNA in accordance with paragraph (2)(B) or to

the CIRI interests underlying them. The Secretary

shall adjust the boundaries of the Refuge so as to

exclude all interests in lands retained or received in

exchange by KNA in accordance with this section,

including both surface and subsurface, and shall also

exclude all interests currently held by CIRI. On lands

within the Swanson River Road East Tract, the boundary adjustment shall only include the surface estate

where the subsurface estate is retained by the United

States.

(ii)(I) The Secretary, KNA, and CIRI shall execute

an agreement within 45 days of the date of enactment

of this section which preserves CIRI’s rights under

paragraph 1(B)(1) of the Terms and Conditions,

addresses CIRI’s obligations under such paragraph,

16 USC 668dd

note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4143

and adequately addresses management issues associated with the boundary adjustment set forth in this

section and with the differing interests in land

resulting from enactment of this section.

(II) In the event that no agreement is executed

as provided for in subclause (I), solely for the purposes

of administering CIRI’s rights under paragraph 1(B)(1)

of the Terms and Conditions, the Secretary and CIRI

shall be deemed to have retained their respective rights

and obligations with respect to CIRI’s subsurface

interests under the requirements of the Terms and

Conditions in effect on June 18, 1996. Notwithstanding

the boundary adjustments made pursuant to this

section, conveyances to KNA shall be deemed to remain

subject to the Secretary’s and CIRI’s rights and obligations under paragraph 1(B)(1) of the Terms and Conditions.

(iii) The Secretary is authorized to acquire by purchase or exchange, on a willing seller basis only, any

lands retained by or conveyed to KNA. In the event

that any lands owned by KNA are subsequently

acquired by the United States, they shall be automatically included in the Refuge System. The laws and

regulations applicable to Refuge lands shall then apply

to these lands and the Secretary shall then adjust

the boundaries accordingly.

(iv) Nothing in this section is intended to enlarge

or diminish the authorities, rights, duties, obligations,

or the property rights held by CIRI under the Terms

and Conditions, or otherwise except as set forth in

this section. In the event of the purchase by the United

States of any lands from KNA in accordance with

subparagraph (A)(ii), the United States shall reassume

from KNA the rights it previously held under the

Terms and Conditions and the provisions in any patent

implementing section 22(g) of ANCSA will again apply.

(v) By virtue of implementation of this section,

CIRI is deemed entitled to 1,207 acres of in-lieu subsurface entitlement under section 12(a)(1) of ANCSA.

Such entitlement shall be fulfilled in accordance with

paragraph 1(B)(2)(A) of the Terms and Conditions.

(B) MAPS AND LEGAL DESCRIPTIONS.—Maps and a legal

description of the lands described above shall be on file

and available for public inspection in the appropriate offices

of the United States Department of the Interior, and the

Secretary shall, no later than 90 days after enactment

of this section, prepare a legal description of the lands

described in paragraph (2)(A)(vii). Such maps and legal

description shall have the same force and effect as if

included in the section, except that the Secretary may

correct clerical and typographical errors.

(C) ACCEPTANCE.—KNA may accept the offer made

in this section by notifying the Secretary in writing of

its decision within 180 days of receipt of the offer. In

the event the offer is rejected, the Secretary shall notify

the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources
110 STAT. 4144 PUBLIC LAW 104–333—NOV. 12, 1996

and the Committee on Environment and Public Works

of the Senate.

(D) FINAL MAPS.—Not later than 120 days after the

conclusion of the acquisition authorized by paragraph (1),

the Secretary shall transmit a final report and maps

accurately depicting the lands transferred and conveyed

pursuant to this section and the acreage and legal descriptions of such lands to the Committee on Resources of the

House of Representatives and the Committee on Energy

and Natural Resources and the Committee on Environment

and Public Works of the Senate.

(e) ADJUSTMENTS TO NATIONAL WILDERNESS SYSTEM.—Upon

acquisition of lands by the United States pursuant to subsection

(d)(2)(A), that portion of the Stephanka Tract lying south and

west of the Kenai River, consisting of approximately 592 acres,

shall be included in and managed as part of the Kenai Wilderness

and such lands shall be managed in accordance with the applicable

provisions of the Wilderness Act and ANILCA.

(f) DESIGNATION OF LAKE TODATONTEN SPECIAL MANAGEMENT

AREA.—

(1) PURPOSE.—To balance the potential effects on fish, wildlife, and habitat of the removal of KNA lands from the Refuge

System, the Secretary is hereby directed to withdraw, subject

to valid existing rights, from location, entry, and patent under

the mining laws and to create as a special management unit

for the protection of fish, wildlife, and habitat, certain unappropriated and unreserved public lands, totaling approximately

37,000 acres adjacent to the west boundary of the Kanuti

National Wildlife Refuge to be know as the ‘‘Lake Todatonten

Special Management Area’’, as depicted on the map entitled

‘‘Proposed: Lake Todatonten Special Management Area’’, dated

June 13, 1996, and to be managed by the Bureau of Land

Management.

(2) MANAGEMENT.—

(A) Such designation is subject to all valid existing

rights as well as the subsistence preferences provided under

title VIII of ANILCA. Any lands conveyed to the State

of Alaska shall be removed from the Lake Todatonten

Special Management Area.

(B) The Secretary may permit any additional uses of

the area, or grant easements, only to the extent that such

use, including leasing under the mineral leasing laws, is

determined to not detract from nor materially interfere

with the purposes for which the Special Management Area

is established.

(C)(i) The BLM shall establish the Lake Todatonten

Special Management Area Committee. The membership

of the Committee shall consist of 11 members as follows:

(I) Two residents each from the villages of Alatna,

Allakaket, Hughes, and Tanana.

(II) One representative from each of Doyon

Corporation, the Tanana Chiefs Conference, and the

State of Alaska.

(ii) Members of the Committee shall serve without

pay.

(iii) The BLM shall hold meetings of the Lake

Todatonten Special Management Area Committee at least

16 USC 1132

note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4145

once per year to discuss management issues within the

Special Management Area. The BLM shall not allow any

new type of activity in the Special Management Area without first conferring with the Committee in a timely manner.

(3) ACCESS.—The Secretary shall allow the following:

(A) Private access for any purpose, including economic

development, to lands within the boundaries of the Special

Management Area which are owned by third parties or

are held in trust by the Secretary for third parties pursuant

to the Alaska Native Allotment Act (25 U.S.C. 336). Such

rights may be subject to restrictions issued by the BLM

to protect subsistence uses of the Special Management

Area.

(B) Existing public access across the Special Management Area. Section 1110(a) of ANILCA shall apply to the

Special Management Area.

(4) SECRETARIAL ORDER AND MAPS.—The Secretary shall

file with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources

and the Committee on Environment and Public Works of the

Senate, the Secretarial Order and maps setting forth the boundaries of the Area within 90 days of the completion of the

acquisition authorized by this section. Once established, this

Order may only be amended or revoked by Act of Congress.

(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to

carry out the purposes of this section.

TITLE IV—RIVERS AND TRAILS

SEC. 401. RIO PUERCO WATERSHED.

(a) MANAGEMENT PROGRAM.—

(1) IN GENERAL.—The Secretary of the Interior, acting

through the Director of the Bureau of Land Management

shall—

(A) in consultation with the Rio Puerco Management

Committee established by subsection (b)—

(i) establish a clearinghouse for research and

information on management within the area identified

as the Rio Puerco Drainage Basin, as depicted on the

map entitled ‘‘the Rio Puerco Watershed’’ dated June

1994, including—

(I) current and historical natural resource

conditions; and

(II) data concerning the extent and causes of

watershed impairment; and

(ii) establish an inventory of best management

practices and related monitoring activities that have

been or may be implemented within the area identified

as the Rio Puerco Watershed Project, as depicted on

the map entitled ‘‘the Rio Puerco Watershed’’ dated

June 1994; and

(B) provide support to the Rio Puerco Management

Committee to identify objectives, monitor results of ongoing

projects, and develop alternative watershed management
110 STAT. 4146 PUBLIC LAW 104–333—NOV. 12, 1996

plans for the Rio Puerco Drainage Basin, based on best

management practices.

(2) RIO PUERCO MANAGEMENT REPORT.—

(A) IN GENERAL.—Not later than 2 years after the

date of enactment of this Act, the Secretary of the Interior,

in consultation with the Rio Puerco Management

Committee, shall prepare a report for the improvement

of watershed conditions in the Rio Puerco Drainage Basis

described in paragraph (1)(A).

(B) CONTENTS.—The report under subparagraph (A)

shall—

(i) identify reasonable and appropriate goals and

objectives for landowners and managers in the Rio

Puerco Watershed;

(ii) describe potential alternative actions to meet

the goals and objectives, including proven best management practices and costs associated with implementing

the actions;

(iii) recommend voluntary implementation of

appropriate best management practices on public and

private lands;

(iv) provide for cooperative development of

management guidelines for maintaining and improving

the ecological, cultural, and economic conditions on

public and private lands;

(v) provide for the development of public participation and community outreach programs that would

include proposals for—

(I) cooperative efforts with private landowners

to encourage implementation of best management

practices within the watershed; and

(II) involvement of private citizens in restoring

the watershed;

(vi) provide for the development of proposals for

voluntary cooperative programs among the members

of the Rio Puerco Management Committee to implement best management practices in a coordinated,

consistent, and cost-effective manner;

(vii) provide for the encouragement of, and support

implementation of, best management practices on

private lands; and

(viii) provide for the development of proposals for

a monitoring system that—

(I) builds on existing data available from

private, Federal, and State sources;

(II) provides for the coordinated collection,

evaluation, and interpretation of additional data

as needed or collected; and

(III) will provide information to assess existing

resource and socioeconomic conditions; identify

priority implementation actions; and assess the

effectiveness of actions taken.

(b) RIO PUERCO MANAGEMENT COMMITTEE.—

(1) ESTABLISHMENT.—There is established the Rio Puerco

Management Committee (referred to in this section as the

‘‘Committee’’).
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4147

(2) MEMBERSHIP.—The Committee shall be convened by

a representative of the Bureau of Land Management and shall

include representatives from—

(A) the Rio Puerco Watershed Committee;

(B) affected tribes and pueblos;

(C) the National Forest Service of the Department

of Agriculture;

(D) the Bureau of Reclamation;

(E) the United States Geological Survey;

(F) the Bureau of Indian Affairs;

(G) the United States Fish and Wildlife Service;

(H) the Army Corps of Engineers;

(I) the Natural Resources Conservation Service of the

Department of Agriculture;

(J) the State of New Mexico, including the New Mexico

Environment Department of the State Engineer;

(K) affected local soil and water conservation districts;

(L) the Elephant Butte Irrigation District;

(M) private landowners; and

(N) other interested citizens.

(3) DUTIES.—The Rio Puerco Management Committee

shall—

(A) advise the Secretary of the Interior, acting through

the Director of the Bureau of Land Management, on the

development and implementation of the Rio Puerco

Management Program described in subsection (a); and

(B) serve as a forum for information about activities

that may affect or further the development and

implementation of the best management practices described

in subsection (a)

(4) TERMINATION.—The Committee shall terminate on the

date that is 10 years after the date of enactment of this Act.

(c) REPORT.—Not later than the date that is 2 years after

the date of enactment of this Act, and biennially thereafter, the

Secretary of the Interior, in consultation with the Rio Puerco

Management Committee, shall transmit to the Committee on

Energy and Natural Resources of the Senate and to the Committee

on Resources of the House of Representatives a report containing—

(1) a summary of activities of the management program

under subsection (a); and

(2) proposals for joint implementation efforts, including

funding recommendations.

(d) LOWER RIO GRANDE HABITAT STUDY.—

(1) IN GENERAL.—The Secretary of the Interior, in cooperation with appropriate State agencies, shall conduct a study

of the Rio Grande that—

(A) shall cover the distance from Caballo Lake to

Sunland Park, New Mexico; and

(B) may cover a greater distance.

(2) CONTENTS.—The study under paragraph (1) shall

include—

(A) a survey of the current habitat conditions of the

river and its riparian environment;

(B) identification of the changes in vegetation and

habitat over the past 400 years and the effect of the

changes on the river and riparian area; and
110 STAT. 4148 PUBLIC LAW 104–333—NOV. 12, 1996

(C) an assessment of the feasibility, benefits, and problems associated with activities to prevent further habitat

loss and to restore habitat through reintroduction or

establishment of appropriate native plant species.

(3) TRANSMITTAL.—Not later than 3 years after the date

on which funds are made available to carry out this section,

the Secretary of the Interior shall transmit the study under

paragraph (1) to the Committee on Energy and Natural

Resources of the Senate and to the Committee on Resources

of the House of Representatives.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section a total of $7,500,000

for the 10 fiscal years beginning after the date of enactment of

this Act.

SEC. 402. OLD SPANISH TRAIL.

Section 5(c) of the National Trails System Act (16 U.S.C.

1244(c)) is amended by adding at the end the following new

paragraph:

‘‘( ) The Old Spanish Trail, beginning in Santa Fe, New

Mexico, proceeding through Colorado and Utah, and ending in

Los Angeles, California, and the Northern Branch of the Old Spanish Trail, beginning near Espanola, New Mexico, proceeding through

Colorado, and ending near Crescent Junction, Utah.’’.

SEC. 403. GREAT WESTERN SCENIC TRAIL.

Section 5(c) of the National Trails System Act (16 U.S.C.

1244(c)) is amended by adding at the end the following new

paragraph:

‘‘( ) The Great Western Scenic Trail, a system of trails to

accommodate a variety of travel users in a corridor of approximately

3,100 miles in length extending from the Arizona-Mexico border

to the Idaho-Montana-Canada border, following the approximate

route depicted on the map identified as ‘Great Western Trail Corridor, 1988’, which shall be on file and available for public inspection

in the Office of the Chief of the Forest Service, United States

Department of Agriculture. The trail study shall be conducted by

the Secretary of Agriculture, in consultation with the Secretary

of the Interior, in accordance with subsection (b) and shall include—

‘‘(A) the current status of land ownership and current and

potential use along the designated route;

‘‘(B) the estimated cost of acquisition of lands or interests

in lands, if any; and

‘‘(C) an examination of the appropriateness of motorized

trail use along the trail.’’.

SEC. 404. HANFORD REACH PRESERVATION.

Section 2 of Public Law 100–605 is amended as follows:

(1) By striking ‘‘INTERIM’’ in the section heading.

(2) By striking ‘‘For a period of eight years after’’ and

inserting ‘‘After’’ in subsection (a).

(3) By striking in subsection (b) ‘‘During the eight year

interim protection period, provided by this section, all’’ and

inserting ‘‘All’’.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4149

SEC. 405. LAMPREY WILD AND SCENIC RIVER.

(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers

Act (16 U.S.C. 1274(a)) is amended by adding the following new

paragraph at the end thereof:

‘‘( ) LAMPREY RIVER, NEW HAMPSHIRE.—The 11.5-mile segment

extending from the southern Lee town line to the confluence with

the Piscassic River in the vicinity of the Durham-Newmarket town

line (hereinafter in this paragraph referred to as the ‘segment’)

as a recreational river. The segment shall be administered by

the Secretary of the Interior through cooperation agreements

between the Secretary and the State of New Hampshire and its

relevant political subdivisions, namely the towns of Durham, Lee,

and Newmarket, pursuant to section 10(e) of this Act. The segment

shall be managed in accordance with the Lamprey River Management Plan dated January 10, 1995, and such amendments thereto

as the Secretary of the Interior determines are consistent with

this Act. Such plan shall be deemed to satisfy the requirements

for a comprehensive management plan pursuant to section 3(d)

of this Act.’’.

(b) MANAGEMENT.—

(1) COMMITTEE.—The Secretary of the Interior shall coordinate his management responsibilities under this Act with

respect to the segment designated by subsection (a) with the

Lamprey River Advisory Committee established pursuant to

New Hampshire RSA 483.

(2) LAND MANAGEMENT.—The zoning ordinances duly

adopted by the towns of Durham, Lee, and Newmarket, New

Hampshire, including provisions for conservation of shorelands,

floodplains, and wetlands associated with the segment, shall

be deemed to satisfy the standards and requirements of section

6(c) of the Wild and Scenic Rivers Act, and the provisions

of that section, which prohibit Federal acquisition of lands

by condemnation, shall apply to the segment designated by

subsection (a). The authority of the Secretary to acquire lands

for the purposes of this paragraph shall be limited to acquisition

by donation or acquisition with the consent of the owner thereof,

and shall be subject to the additional criteria set forth in

the Lamprey River Management Plan.

(c) UPSTREAM SEGMENT.—Upon request by the town of Epping,

which abuts an additional 12 miles of river found eligible for designation as a recreational river, the Secretary of the Interior shall

offer assistance regarding continued involvement of the town of

Epping in the implementation of the Lamprey River Management

Plan and in consideration of potential future addition of that portion

of the river within Epping as a component of the Wild and Scenic

Rivers System.

SEC. 406. WEST VIRGINIA NATIONAL RIVERS AMENDMENTS OF 1996.

(a) AMENDMENTS PERTAINING TO THE NEW RIVER GORGE

NATIONAL RIVER.—

(1) BOUNDARIES.—Section 1101 of the National Parks and

Recreation Act of 1978 (16 U.S.C. 460m–15) is amended by

striking out ‘‘NERI–80,023, dated January 1987’’ and inserting

‘‘NERI–80,028A, dated March 1996’’.

(2) FISH AND WILDLIFE MANAGEMENT.—Section 1106 of the

National Parks and Recreation Act of 1978 (16 U.S.C. 460m–

20) is amended by adding the following at the end thereof:

16 USC 1274

note.
110 STAT. 4150 PUBLIC LAW 104–333—NOV. 12, 1996

‘‘The Secretary shall permit the State of West Virginia to undertake fish stocking activities carried out by the State, in

consultation with the Secretary, on waters within the boundaries of the national river. Nothing in this Act shall be construed as affecting the jurisdiction of the State of West Virginia

with respect to fish and wildlife.’’.

(3) CONFORMING AMENDMENTS.—Title XI of the National

Parks and Recreation Act of 1978 (16 U.S.C. 460m–15 et seq.)

is amended by adding the following new section at the end

thereof:

‘‘SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.

‘‘(a) COOPERATIVE AGREEMENTS.—The provisions of section

202(e)(1) of the West Virginia National Interest River

Conservation Act of 1987 (16 U.S.C. 460ww–1(e)(1)) shall apply

to the New River Gorge National River in the same manner and

to the same extent as such provisions apply to the Gauley River

National Recreation Area.

‘‘(b) REMNANT LANDS.—The provisions of the second sentence

of section 203(a) of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460ww–2(a)) shall apply to tracts

of land partially within the boundaries of the New River Gorge

National River in the same manner and to the same extent as

such provisions apply to tracts of land only partially within the

Gauley River National Recreation Area.’’.

(b) VISITOR CENTER.—The Secretary of the Interior is authorized to construct a visitor center and such other related facilities

as may be deemed necessary to facilitate visitor understanding

and enjoyment of the New River Gorge National River and the

Gauley River National Recreation Area in the vicinity of the

confluence of the New and Gauley Rivers. Such center and related

facilities are authorized to be constructed at a site outside of the

boundary of the New River Gorge National River or Gauley River

National Recreation Area unless a suitable site is available within

the boundaries of either unit.

(c) AMENDMENTS PERTAINING TO THE GAULEY RIVER NATIONAL

RECREATION AREA.— (1) TECHNICAL AMENDMENT.—Section 205(c) of the West

Virginia National Interest River Conservation Act of 1987 (16

U.S.C. 460ww–4(c)) is amended by adding the following at

the end thereof: ‘‘If project construction is not commenced

within the time required in such license, or if such license

is surrendered at any time, such boundary modification shall

cease to have any force and effect.’’.

(2) GAULEY ACCESS.—Section 202(e) of the West Virginia

National Interest River Conservation Act of 1987 (16 U.S.C.

460ww–1(e)) is amended by adding the following new paragraph

at the end thereof:

‘‘(4) ACCESS TO RIVER.—(A) In order to facilitate public

safety, use, and enjoyment of the recreation area, and to protect,

to the maximum extent feasible, the scenic and natural

resources of the area, the Secretary is authorized and directed

to acquire such lands or interests in lands and to take such

actions as are necessary to provide access by noncommercial

entities on the north side of the Gauley River at the

area known as Woods Ferry utilizing existing roads and rightsof-way. Such actions by the Secretary shall include the

construction of parking and related facilities in the vicinity

16 USC

460m–29a.

16 USC

460m–30.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4151

of Woods Ferry for noncommercial use on lands acquired pursuant to paragraph (3) or on lands acquired with the consent

of the owner thereof within the boundaries of the recreation

area.

‘‘(B) If necessary, in the discretion of the Secretary, in

order to minimize environmental impacts, including visual

impacts, within portions of the recreation area immediately

adjacent to the river, the Secretary may, by contract or otherwise, provide transportation services for noncommercial

visitors, at reasonable cost, between such parking facilities

and the river.

‘‘(C) Nothing in subparagraph (A) shall affect the rights

of any person to continue to utilize, pursuant to a lease in

effect on April 1, 1993, any right of way acquired pursuant

to such lease which authorizes such person to use an existing

road referred to in subparagraph (A). Except as provided under

paragraph (2) relating to access immediately downstream of

the Summersville project, until there is compliance with this

paragraph the Secretary is prohibited from acquiring or developing any other river access points within the recreation area.’’.

(d) AMENDMENTS PERTAINING TO THE BLUESTONE NATIONAL

SCENIC RIVER.—

(1) BOUNDARIES.—Section 3(a)(65) of the Wild and Scenic

Rivers Act (16 U.S.C. 1274(a)(65)) is amended by striking out

‘‘WSR–BLU/20,000, and dated January 1987’’ and inserting

‘‘BLUE–80,005, dated May 1996’’.

(2) PUBLIC ACCESS.—Section 3(a)(65) of the Wild and Scenic

Rivers Act (16 U.S.C. 1274(a)(65)) is amended by adding the

following at the end thereof: ‘‘In order to provide reasonable

public access and vehicle parking for public use and enjoyment

of the river designated by this paragraph, consistent with the

preservation and enhancement of the natural and scenic values

of such river, the Secretary may, with the consent of the owner

thereof, negotiate a memorandum of understanding or cooperative agreement, or acquire not more than 10 acres of lands

or interests in such lands, or both, as may be necessary to

allow public access to the Bluestone River and to provide,

outside the boundary of the scenic river, parking and related

facilities in the vicinity of the area known as Eads Mill.’’.

SEC. 407. TECHNICAL AMENDMENT TO THE WILD AND SCENIC RIVERS

ACT.

(a) NUMBERING OF PARAGRAPHS.—The unnumbered paragraphs

in section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)),

relating to each of the following river segments, are each amended

by numbering such paragraphs as follows:

River: Paragraph Number

East Fork of Jemez, New Mexico ......................................................................... (109)

Pecos River, New Mexico ....................................................................................... (110)

Smith River, California ......................................................................................... (111)

Middle Fork Smith River, California ................................................................... (112)

North Fork Smith River, California ..................................................................... (113)

Siskiyou Fork Smith River, California ................................................................. (114)

South Fork Smith River, California ..................................................................... (115)

Clarks Fork, Wyoming ........................................................................................... (116)

Niobrara, Nebraska ............................................................................................... (117)

Missouri River, Nebraska and South Dakota ...................................................... (118)

Bear Creek, Michigan ............................................................................................ (119)

Black, Michigan ..................................................................................................... (120)
110 STAT. 4152 PUBLIC LAW 104–333—NOV. 12, 1996

Carp, Michigan ....................................................................................................... (121)

Indian, Michigan .................................................................................................... (122)

Manistee, Michigan ................................................................................................ (123)

Ontonagon, Michigan ............................................................................................. (124)

Paint, Michigan ...................................................................................................... (125)

Pine, Michigan ....................................................................................................... (126)

Presque Isle, Michigan .......................................................................................... (127)

Sturgeon, Hiawatha National Forest, Michigan ................................................. (128)

Sturgeon, Ottawa National Forest, Michigan ...................................................... (129)

East Branch of the Tahquamenon, Michigan ...................................................... (130)

Whitefish, Michigan ............................................................................................... (131)

Yellow Dog, Michigan ............................................................................................ (132)

Allegheny, Pennsylvania ....................................................................................... (133)

Big Piney Creek, Arkansas ................................................................................... (134)

Buffalo River, Arkansas ........................................................................................ (135)

Cossatot River, Arkansas ...................................................................................... (136)

Hurricane Creek, Arkansas .................................................................................. (137)

Little Missouri River, Arkansas ........................................................................... (138)

Mulberry River, Arkansas ..................................................................................... (139)

North Sylamore Creek, Arkansas ......................................................................... (140)

Richland Creek, Arkansas ..................................................................................... (141)

Sespe Creek, California ......................................................................................... (142)

Sisquoc River, California ....................................................................................... (143)

Big Sur River, California ....................................................................................... (144)

Great Egg Harbor River, New Jersey .................................................................. (145)

The Maurice River, Middle Segment .................................................................... (146)

The Maurice River, Middle Segment .................................................................... (147)

The Maurice River, Upper Segment ..................................................................... (148)

The Menantico Creek, Lower Segment ................................................................ (149)

The Menantico Creek, Upper Segment ................................................................ (150)

Manumuskin River, Lower Segment .................................................................... (151)

Manumuskin River, Upper Segment .................................................................... (152)

Muskee Creek, New Jersey ................................................................................... (153)

Red River, Kentucky .............................................................................................. (154)

Rio Grande, New Mexico ....................................................................................... (155)

Farmington River, Connecticut ............................................................................ (156)

(b) STUDY RIVERS.—Section 5(a) of such Act is amended as

follows:

(1) Paragraph (106), relating to St. Mary’s, Florida, is

renumbered as paragraph (108).

(2) Paragraph (112), relating to White Clay Creek, Delaware and Pennsylvania, is renumbered as paragraph (113).

(3) The unnumbered paragraphs, relating to each of the

following rivers, are amended by numbering such paragraphs

as follows:

River: Paragraph Number

Mills River, North Carolina .................................................................................. (109)

Sudbury, Assabet, and Concord, Massachusetts ................................................. (110)

Niobrara, Nebraska ............................................................................................... (111)

Lamprey, New Hampshire .................................................................................... (112)

Brule, Michigan and Wisconsin ............................................................................ (114)

Carp, Michigan ....................................................................................................... (115)

Little Manistee, Michigan ..................................................................................... (116)

White, Michigan ..................................................................................................... (117)

Ontonagon, Michigan ............................................................................................. (118)

Paint, Michigan ...................................................................................................... (119)

Presque Isle, Michigan .......................................................................................... (120)

Sturgeon, Ottawa National Forest, Michigan ...................................................... (121)

Sturgeon, Hiawatha National Forest, Michigan ................................................. (122)

Tahquamenon, Michigan ....................................................................................... (123)

Whitefish, Michigan ............................................................................................... (124)

Clarion, Pennsylvania ........................................................................................... (125)

Mill Creek, Jefferson and Clarion Counties, Pennsylvania ............................... (126)

Piru Creek, California ........................................................................................... (127)

Little Sur River, California ................................................................................... (128)

Matilija Creek, California ..................................................................................... (129)

Lopez Creek, California ......................................................................................... (130)

Sespe Creek, California ......................................................................................... (131)

North Fork Merced, California ............................................................................. (132)

16 USC 1276.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4153

Delaware River, Pennsylvania and New Jersey .................................................. (133)

New River, West Virginia and Virginia ............................................................... (134)

Rio Grande, New Mexico ....................................................................................... (135)

SEC. 408. PROTECTION OF NORTH ST. VRAIN CREEK, COLORADO.

(a) NORTH ST. VRAIN CREEK AND ADJACENT LANDS.—The Act

of January 26, 1915, establishing Rocky Mountain National Park

(38 Stat. 798; 16 U.S.C. 191 et seq.), is amended by adding the

following new section at the end thereof:

‘‘SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.

‘‘Neither the Secretary of the Interior nor any other Federal

agency or officer may approve or issue any permit for, or provide

any assistance for, the construction of any new dam, reservoir,

or impoundment on any segment of North St. Vrain Creek or

its tributaries within the boundaries of Rocky Mountain National

Park or on the main stem of North St. Vrain Creek downstream

to the point at which the creek crosses the elevation 6,550 feet

above mean sea level. Nothing in this section shall be construed

to prevent the issuance of any permit for the construction of a

new water gauging station on North St. Vrain Creek at the point

of its confluence with Coulson Gulch.’’.

(b) ENCOURAGEMENT OF EXCHANGES.— (1) LANDS INSIDE ROCKY MOUNTAIN NATIONAL PARK.— Promptly following enactment of this Act, the Secretary of

the Interior shall seek to acquire by donation or exchange

those lands within the boundaries of Rocky Mountain National

Park owned by the city of Longmont, Colorado, that are referred

to in section 111(d) of the Act commonly referred to as the

‘‘Colorado Wilderness Act of 1980’’ (Public Law 96–560; 94

Stat. 3272; 16 U.S.C. 192b–9(d)).

(2) OTHER LANDS.—The Secretary of Agriculture shall

immediately and actively pursue negotiations with the city

of Longmont, Colorado, concerning the city’s proposed exchange

of lands owned by the city and located in and near Coulson

Gulch for other lands owned by the United States. The

Secretary shall report to Congress 2 calendar years after the

date of enactment of this Act, and every 2 years thereafter

on the progress of such negotiations until negotiations are

complete.

TITLE V—HISTORIC AREAS AND CIVIL

RIGHTS

SEC. 501. THE SELMA TO MONTGOMERY NATIONAL HISTORIC TRAIL.

Section 5(a) of the National Trails System Act (16 U.S.C.

1244(a)) is amended by adding at the end thereof the following

new paragraph:

‘‘( ) The Selma to Montgomery National Historic Trail, consisting of 54 miles of city streets and United States Highway 80

from Brown Chapel A.M.E. Church in Selma to the State Capitol

Building in Montgomery, Alabama, traveled by voting rights advocates during March 1965 to dramatize the need for voting rights

legislation, as generally described in the report of the Secretary

of the Interior prepared pursuant to subsection (b) of this section

entitled ‘‘Selma to Montgomery’’ and dated April 1993. Maps depicting the route shall be on file and available for public inspection

Reports.

16 USC 192b–9

note.

16 USC 195a.
110 STAT. 4154 PUBLIC LAW 104–333—NOV. 12, 1996

in the Office of the National Park Service, Department of the

Interior. The trail shall be administered in accordance with this

Act, including section 7(h). The Secretary of the Interior, acting

through the National Park Service, which shall be the lead Federal

agency, shall cooperate with other Federal, State and local authorities to preserve historic sites along the route, including (but not

limited to) the Edmund Pettus Bridge and the Brown Chapel A.M.E.

Church.’’.

SEC. 502. VANCOUVER NATIONAL HISTORIC RESERVE.

(a) ESTABLISHMENT.—There is established the Vancouver

National Historic Reserve in the State of Washington (referred

to in this section as the ‘‘Reserve’’), consisting of the area described

in the report entitled ‘‘Vancouver National Historic Reserve Feasibility Study and Environmental Assessment’’ published by the

Vancouver Historical Assessment’’ published by the Vancouver

Historical Study Commission and dated April 1993 as authorized

by Public Law 101–523 (referred to in this section as the ‘‘Vancouver

Historic Reserve Report’’).

(b) ADMINISTRATION.—(1) The Reserve shall be administered

through a general management plan developed in accordance with

this section, and approved by the Secretary of the Interior and

the Secretary of the Army.

(2) Not later than three years after the date of enactment

of this Act, the National Park Service shall submit to the Secretaries

a general management plan for the administration of the Reserve.

(3) The general management plan shall be developed by a

Partnership comprised of a representative from the National Park

Service, a representative of the Historic Preservation Office of the

State of Washington, a representative of the Department of the

Army, and a representative of the City of Vancouver, Washington.

(4) The general management plan shall be developed in

accordance with the specific findings and recommendations of the

Vancouver Historic Reserve Report, along with any other considerations not otherwise in conflict with the Report, and shall include

at a minimum a statement of purpose, an interpretive plan, and

an economic plan for Pearson Field.

(5) The Reserve shall not be deemed to be a new unit of

the National Park System.

(c) NO LIMITATION ON FAA AUTHORITY.—The establishment

of the Reserve shall not limit—

(1) the authority of the Federal Aviation Administration

over air traffic control, or aviation activities at Pearson

Airpark; or

(2) limit operations and airspace in the vicinity of Portland

International Airport.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $400,000 per year for operational costs for each

fiscal year following enactment of this Act and $5,000,000 for development costs.

SEC. 503. EXTENSION OF KALOKO-HONOKOHAU ADVISORY

COMMISSION.

(a) KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK.—

Notwithstanding section 505(f)(7) of Public Law 95–625 (16 U.S.C.

396d(f)(7)), the Na Hoa Pili O Kaloko-Honokohau, the Advisory

Commission for Kaloko-Honokohau National Historical Park,

16 USC 396d

note.

16 USC 461 note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4155

is hereby re-established in accordance with section 505(f),

as amended by paragraph (2) of this subsection.

(b) CONFORMING AMENDMENT.—Section 505(f)(7) of Public Law

95–625 (16 U.S.C. 396d(7)), is amended by striking ‘‘this Act’’ and

inserting in lieu thereof, ‘‘the Na Hoa Pili Kaloko-Honokohau

Re-establishment Act of 1996’’.

SEC. 504. AMENDMENT TO BOSTON NATIONAL HISTORIC PARK ACT.

Section 3(b) of the Boston National Historical Park Act of

1974 (16 U.S.C. 410z–1(b)) is amended by inserting ‘‘(1)’’ before

the first sentence thereof and by adding the following at the end

thereof:

‘‘(2) The Secretary of the Interior is authorized to enter into

a cooperative agreement with the Boston Public Library to provide

for the distribution of informational and interpretive materials

relating to the park and to the Freedom Trail.’’.

SEC. 505. WOMEN’S RIGHTS NATIONAL HISTORICAL PARK.

(a) INCLUSION OF OTHER PROPERTIES.—Section 1601(c) of Public

Law 96–607 (16 U.S.C. 410ll) is amended to read as follows:

‘‘(c) ESTABLISHMENT.—To carry out the purposes of this section

there is hereby established the Women’s Rights National Historical

Park (hereinafter in this section referred to as the ‘‘park’’). The

park shall consist of the following designated sites in Seneca Falls

and Waterloo, New York:

‘‘(1) Stanton House, 32 Washington Street, Seneca Falls;

‘‘(2) dwelling, 30 Washington Street, Seneca Falls;

‘‘(3) dwelling, 34 Washington Street, Seneca Falls;

‘‘(4) lot, 26–28 Washington Street, Seneca Falls;

‘‘(5) former Wesleyan Chapel, 126 Fall Street, Seneca Falls;

‘‘(6) theater, 128 Fall Street, Seneca Falls;

‘‘(7) McClintock House, 16 East Williams Street, Waterloo;

‘‘(8) Hunt House, 401 East Williams Street, Waterloo;

‘‘(9) not to exceed 1 acre, plus improvements, as determined

by the Secretary, in Seneca Falls for development of a

maintenance facility;

‘‘(10) dwelling, 1 Seneca Street, Seneca Falls;

‘‘(11) dwelling, 10 Seneca Street, Seneca Falls;

‘‘(12) parcels adjacent to Wesleyan Chapel Block, including

Clinton Street, Fall Street, and Mynderse Street, Seneca

Falls; and

‘‘(13) dwelling, 12 East Williams Street, Waterloo.’’.

‘‘(b) MISCELLANEOUS AMENDMENTS.—Section 1601 of Public

Law 96–607 (16 U.S.C. 410ll) is amended by redesignating subsection (i) as ‘‘(i)(1)’’ and inserting at the end thereof the following

new paragraph:

‘‘(2) In addition to those sums appropriated prior to the date

of enactment of this paragraph for land acquisition and development, there is hereby authorized to be appropriated an additional

$2,000,000.’’.

SEC. 506. BLACK PATRIOTS MEMORIAL EXTENSION.

The legislative authority for the Black Revolutionary War

Patriots Foundation to establish a commemorative work (as defined

by the Commemorative Works Act (40 U.S.C. 1001 et seq.)) shall

expire October 27, 1998, notwithstanding the time period limitation

specified in section 10(b) of that Act (40 U.S.C. 1010(b)).

40 USC 1003

note.

Appropriation

authorization.
110 STAT. 4156 PUBLIC LAW 104–333—NOV. 12, 1996

SEC. 507. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES

HISTORIC BUILDING RESTORATION AND PRESERVATION.

(a) AUTHORITY TO MAKE GRANTS.—From the amounts made

available to carry out the National Historic Preservation Act, the

Secretary of the Interior shall make grants in accordance with

this section to eligible historically black colleges and universities

for the preservation and restoration of historic buildings and

structures on the campus of these institutions.

(b) GRANT CONDITIONS.—Grants made under subsection (a)

shall be subject to the condition that the grantee covenants, for

the period of time specified by the Secretary, that—

(1) no alteration will be made in the property with respect

to which the grant is made without the concurrence of the

Secretary; and

(2) reasonable public access to the property with respect

to which the grant is made will be permitted by the grantee

for interpretive and educational purposes.

(c) MATCHING REQUIREMENT FOR BUILDINGS AND STRUCTURES

LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES.—(1)

Except as provided by paragraph (2), the Secretary may obligate

funds made available under this section for a grant with respect

to a building or structure listed on, or eligible for listing on, the

National Register of Historic Places only if the grantee agrees

to match, from funds derived from non-Federal sources, the amount

of the grant with an amount that is equal or greater than the

grant.

(2) The Secretary may waive paragraph (1) with respect to

a grant if the Secretary determines from circumstances that an

extreme emergency exists or that such a waiver is in the public

interest to assure the preservation of historically significant

resources.

(d) FUNDING PROVISION.—Pursuant to section 108 of the

National Historic Preservation Act, $29,000,000 shall be made available to carry out the purposes of this section. Of amounts made

available pursuant to this section, $5,000,000 shall be available

for grants to Fisk University, $2,500,000 shall be available for

grants to Knoxville College, $2,000,000 shall be available for grants

to Miles College, Alabama, $1,500,000 shall be available for grants

to Talladega College, Alabama, $1,550,000 shall be available for

grants to Selma University, Alabama, $250,000 shall be available

for grants to Stillman College, Alabama, $200,000 shall be available

for grants to Concordia College, Alabama, $2,900,000 shall be available for grants to Allen University, South Carolina, $1,000,000

shall be available for grants to Claflin College, South Carolina,

$2,000,000 shall be available for grants to Voorhees College, South

Carolina, $1,000,000 shall be available for grants to Rust College,

Mississippi, and $3,000,000 shall be available for grants to Tougaloo

College, Mississippi.

(e) REGULATIONS.—The Secretary shall develop such guidelines

as may be necessary to carry out this section.

(f) DEFINITIONS.—For the purposes of this section:

(1) HISTORICALLY BLACK COLLEGES.—The term ‘‘historically

black colleges and universities’’ has the same meaning given

the term ‘‘part B institution’’ by section 322 of the Higher

Education Act of 1965 (20 U.S.C. 1061).

(2) HISTORIC BUILDING AND STRUCTURES.—The term ‘‘historic building and structures’’ means a building or structure

16 USC 470a

note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4157

listed on, or eligible for listing on, the National Register of

Historic Places or designated a National Historic Landmark.

SEC. 508. MEMORIAL TO MARTIN LUTHER KING, JR.

(a) IN GENERAL.—The Secretary of the Interior is authorized

to permit the Alpha Phi Alpha Fraternity to establish a memorial

on lands under the administrative jurisdiction of the Secretary

in the District of Columbia or its environs to honor Martin Luther

King, Jr., pursuant to the Commemorative Works Act of 1986.

(b) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE

WORKS.—The establishment of the memorial shall be in accordance

with the Act entitled ‘‘An Act to provide standards for placement

of commemorative works on certain Federal lands in the District

of Columbia and its environs, and for other purposes’’ approved

November 14, 1986 (40 U.S.C. 1001 et seq.).

(c) PAYMENT OF EXPENSES.—The Alpha Phi Alpha Fraternity

shall be solely responsible for acceptance of contributions for, and

payment of the expenses of, the establishment of the memorial.

No Federal funds may be used to pay any expense of the establishment of the memorial.

(d) DEPOSIT OF EXCESS FUNDS.—If, upon payment of all

expenses of the establishment of the memorial (including the

maintenance and preservation amount provided for in section 8(b)

of the Act referred to in section 4401(b)), or upon expiration of

the authority for the memorial under section 10(b) of that Act,

there remains a balance of funds received for the establishment

of the memorial, the Alpha Phi Alpha Fraternity shall transmit

the amount of the balance to the Secretary of the Treasury for

deposit in the account provided for in section 8(b)(1) of that Act.

SEC. 509. ADVISORY COUNCIL ON HISTORIC PRESERVATION

REAUTHORIZATION.

(a) REAUTHORIZATION.—The last sentence of section 212(a) of

the National Historic Preservation Act (16 U.S.C. 470 et seq.)

is amended to read as follows: ‘‘There are authorized to be appropriated for the purposes of this title not to exceed $4,000,000

in each fiscal year 1997 through 2000.’’.

(b) REPORTING REQUIREMENTS.—Within 18 months after the

date of enactment of this Act, the Advisory Council on Historic

Preservation shall submit a report to the appropriate congressional

committees containing an analysis of alternatives for modifying

the regulatory process for addressing impacts of Federal actions

on nationally significant historic properties, as well as alternatives

for future promulgation and oversight of regulations for

implementation of section 106 of the National Historic Preservation

Act.

(c) TECHNICAL AMENDMENTS.—Title II of the National Historic

Preservation Act (16 U.S.C. 470 et seq.) is amended as follows:

(1) By striking ‘‘appointed’’ in section 201(a)(4) and

inserting ‘‘designated’’.

(2) By striking ‘‘and 10’’ in section 201(c) and inserting

‘‘through (11)’’.

(3) By adding the following new section after section 214:

‘‘SEC. 215. Subject to applicable conflict of interest laws, the

Council may receive reimbursements from State and local agencies

and others pursuant to agreements executed in furtherance of the

purposes of this Act.’’.

16 USC 470v–1.

16 USC 470i.

16 USC 470f

note.

16 USC 470t.

Alpha Phi Alpha

Fraternity.

40 USC 1003

note.
110 STAT. 4158 PUBLIC LAW 104–333—NOV. 12, 1996

(4) By amending subsection (g) of section 205 to read as

follows:

‘‘(g) Any Federal agency may provide the Council, with or

without reimbursement as may be agreed upon by the Chairman

and the agency, with such funds, personnel, facilities and services

under its jurisdiction and control as may be needed by the Council

to carry out its duties, to the extent that such funds, personnel,

facilities, and services are requested by the Council and are otherwise available for the purpose. Any funds provided to the Council

pursuant to this subsection must be expended by the end of the

fiscal year following the fiscal year in which the funds are received

by the Council. To the extent of available appropriations, the Council may obtain by purchase, rental, donation, or otherwise, such

additional property facilities, and services as may be needed to

carry out its duties and may also receive donations of moneys

for such purpose, and the Executive Director is authorized, in

his discretion, to accept, hold, use, expend, and administer the

same for the purposes of this Act.’’.

SEC. 510. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.

(a) PURPOSES.—The purposes of this section are—

(1) to preserve and interpret, for the educational and

inspirational benefit of the public, the contribution of our

national heritage of certain historic and cultural lands and

edifices of the Great Falls Historic District, with emphasis

on harnessing this unique urban environment for its

educational and recreational value; and

(2) to enhance economic and cultural redevelopment within

the District.

(b) DEFINITIONS.—In this section:

(1) DISTRICT.—The term ‘‘District’’ means the Great Falls

Historic District established by subsection (c).

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(3) HISTORIC INFRASTRUCTURE.—The term ‘‘historic infrastructure’’ means the District’s historic raceway system, all

four stories of the original Colt Gun Mill, including belltower,

and any other structure that the Secretary determines to be

eligible for the National Register of Historic Places.

(c) GREAT FALLS HISTORIC DISTRICT.—

(1) ESTABLISHMENT.—There is established the Great Falls

Historic District in the city of Paterson, in Passaic County,

New Jersey.

(2) BOUNDARIES.—The boundaries of the District shall be

the boundaries specified by the Great Falls Historic District

listed on the National Register of Historic Places.

(d) DEVELOPMENT PLAN.—The Secretary may make grants and

enter into cooperative agreements with the State of New Jersey,

local governments, and private nonprofit entities under which the

Secretary agrees to pay not more than 50 percent of the costs

of—

(1) preparation of a plan for the development of historic,

architectural, natural, cultural, and interpretive resources

within the District;

(2) implementation of projects approved by the Secretary

under the development plan; and

16 USC 461 note.

16 USC 470m.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4159

(3) a market analysis assessing the economic development

potential of the District and recommending steps to be taken

to encourage economic development and revitalization in a manner consistent with the District’s historic character.

(e) RESTORATION, PRESERVATION, AND INTERPRETATION OF

PROPERTIES.—

(1) COOPERATIVE AGREEMENTS.—The Secretary may enter

into cooperative agreements with the State of New Jersey,

local governments and nonprofit entities owning property

within the District under which the Secretary may—

(A) pay not more than 50 percent of the cost of

restoring, repairing, rehabilitating, and improving historic

infrastructure within the District;

(B) provide technical assistance with respect to the

preservation and interpretation of properties within the

District; and

(C) mark and provide interpretation of properties

within the District.

(2) PROVISIONS.—A cooperative agreement under paragraph

(1) shall provide that—

(A) the Secretary shall have the right of access at

reasonable times to public portions of the property for

interpretive and other purposes;

(B) no change or alteration may be made in the property except with the agreement of the property owner,

the Secretary, and any Federal agency that may have

regulatory jurisdiction over the property; and

(C) any construction grant made under this section

shall be subject to an agreement that provides that conversion, use, or disposal of the project so assisted for purposes

contrary to the purposes of this section shall result in

a right of the United States to compensation from the

beneficiary of the grant, and that provides for a schedule

for such compensation based on the level of Federal investment and the anticipated useful life of the project.

(3) APPLICATIONS.—

(A) IN GENERAL.—A property owner that desires to

enter into a cooperative agreement under paragraph (1)

shall submit to the Secretary an application describing

how the project proposed to be funded will further the

purposes of the District.

(B) CONSIDERATION.—In making such funds available

under this subsection, the Secretary shall give consideration to projects that provide a greater leverage of Federal

funds.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated from the Historic Preservation Fund authorized

under the National Historic Preservation Act to the Secretary to

carry out this section—

(1) $250,000 for grants and cooperative agreements for

the development plan under subsection (d); and

(2) $50,000 for the provision of technical assistance and

$3,000,000 for the provision of other assistance under cooperative agreements under subsection (e).

SEC. 511. NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT.

(a) FINDINGS AND PURPOSES.—

16 USC 410ddd.
110 STAT. 4160 PUBLIC LAW 104–333—NOV. 12, 1996

(1) FINDINGS.—The Congress finds that—

(A) the New Bedford National Historic Landmark

District and associated historic sites as described in subsection (c)(2), including the Schooner Ernestina, are

National Historic Landmarks and are listed on the National

Register of Historic Places as historic sites associated with

the history of whaling in the United States;

(B) the city of New Bedford was the 19th century

capital of the world’s whaling industry and retains significant architectural features, archival materials, and

museum collections illustrative of this period;

(C) New Bedford’s historic resources provide unique

opportunities for illustrating and interpreting the

whaling industry’s contribution to the economic, social, and

environmental history of the United States and provide

opportunities for public use and enjoyment; and

(D) during the nineteenth century, over two thousand

whaling voyages sailed out of New Bedford to the Arctic

region of Alaska, and joined Alaska Natives from Barrow,

Alaska and other areas in the Arctic region in subsistence

whaling activities; and

(E) the National Park System presently contains no

sites commemorating whaling and its contribution to

American history.

(2) PURPOSES.—The purposes of this section are—

(A) to help preserve, protect, and interpret the

resources within the areas described in subsection (c)(2),

including architecture, setting, and associated archival and

museum collections;

(B) to collaborate with the city of New Bedford and

with associated historical, cultural, and preservation

organizations to further the purposes of the park established under this section; and

(C) to provide opportunities for the inspirational benefit

and education of the American people.

(b) DEFINITIONS.—For the purposes of this section—

(1) the term ‘‘park’’ means the New Bedford Whaling

National Historical Park established by subsection (c); and

(2) the term ‘‘Secretary’’ means the Secretary of the

Interior.

(c) NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.—

(1) ESTABLISHMENT.—In order to preserve for the benefit

and inspiration of the people of the United States as a national

historical park certain districts structures, and relics located

in New Bedford, Massachusetts, and associated with the history

of whaling and related social and economic themes in America,

there is established the New Bedford Whaling National

Historical Park.

(2) BOUNDARIES.—(A) The boundaries of the park shall

be those generally depicted on the map numbered NAR–P49–

80,000–4 and dated June 1994. Such map shall be on file

and available for public inspection in the appropriate offices

of the National Park Service. In case of any conflict between

the descriptions set forth in clauses (i) through (iv) and such

map, such map shall govern. The park shall include the

following:
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4161

(i) The area included with the New Bedford National

Historic Landmark District, known as the Bedford Landing

Waterfront Historic District, as listed within the National

Register of Historic Places and in the Massachusetts State

Register of Historic Places.

(ii) The National Historic Landmark Schooner

Ernestina, with its home port in New Bedford.

(iii) The land along the eastern boundary of the New

Bedford National Historic Landmark District over the east

side of MacArthur Drive from the Route 6 overpass on

the north to an extension of School Street on the south.

(iv) The land north of Elm Street in New Bedford,

bounded by Acushnet Avenue on the west, Route 6 (ramps)

on the north, MacArthur Drive on the east, and Elm Street

on the south.

(B) In addition to the sites, areas, and relics referred to

in subparagraph (A), the Secretary may assist in the interpretation and preservation of each of the following:

(i) The southwest corner of the State Pier.

(ii) Waterfront Park, immediately south of land

adjacent to the State Pier.

(iii) The Rotch-Jones-Duff House and Garden Museum,

located at 396 County Street.

(iv) The Wharfinger Building, located on Piers 3

and 4.

(v) The Bourne Counting House, located on Merrill’s

Wharf.

(d) RELATED FACILITIES.—To ensure that the contribution of

Alaska Natives to the history of whaling in the United States

is fully recognized, the Secretary shall provide—

(1) financial and other assistance to establish links between

the New Bedford Whaling National Historical Park and the

North Slope Borough Cultural Center, located in Barrow,

Alaska; and

(2) to provide appropriate assistance and funding for the

North Slope Borough Cultural Center.

(e) ADMINISTRATION OF PARK.—

(1) IN GENERAL.—The park shall be administered by the

Secretary in accordance with this section and the provisions

of law generally applicable to units of the National Park

System, including the Act entitled ‘‘An Act to establish a

National Park Service, and for other purposes’’, approved

August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and

the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–

467).

(2) COOPERATIVE AGREEMENTS.—(A) The Secretary may

consult and enter into cooperative agreements with interested

entities and individuals to provide for the preservation, development, interpretation, and use of the park.

(B) Any payment made by the Secretary pursuant to a

cooperative agreement under this paragraph shall be subject

to an agreement that conversion, use, or disposal of the project

so assisted for purposes contrary to the purposes of this section,

as determined by the Secretary, shall result in a right of

the United States to reimbursement of all funds made available

to such project or the proportion of the increased value of
110 STAT. 4162 PUBLIC LAW 104–333—NOV. 12, 1996

the project attributable to such funds as determined at the

time of such conversion, use, or disposal, whichever is greater.

(3) NON-FEDERAL MATCHING REQUIREMENTS.—(A) Funds

authorized to be appropriated to the Secretary for the purposes

of—

(i) cooperative agreements under paragraph (2) shall

be expended in the ratio of one dollar of Federal funds

for each four dollars of funds contributed by non-Federal

sources; and

(ii) construction, restoration, and rehabilitation of visitors and interpretive facilities (other than annual operation

and maintenance costs) shall be expended in the ratio

of one dollar of Federal funds for each one dollar of funds

contributed by non-Federal sources.

(B) For the purposes of this paragraph, the Secretary is

authorized to accept from non-Federal sources, and to utilize

for purposes of this section, any money so contributed. With

the approval of the Secretary, any donation of property, services, or goods from a non-Federal source may be considered

as a contribution of funds from a non-Federal source for the

purposes of this paragraph.

(4) ACQUISITION OF REAL PROPERTY.—For the purposes of

the park, the Secretary may acquire only by donation such

lands, interests in lands, and improvements thereon within

the park as are needed for essential visitor contact and interpretive facilities.

(5) OTHER PROPERTY, FUNDS, AND SERVICES.—The Secretary

may accept donated funds, property, and services to carry out

this section.

(e) GENERAL MANAGEMENT PLAN.—Not later than the end of

the second fiscal year beginning after the date of enactment of

this Act, the Secretary shall submit to the Committee on Resources

of the House of Representatives and the Committee on Energy

and Natural Resources of the Senate a general management plan

for the park and shall implement such plan as soon as practically

possible. The plan shall be prepared in accordance with section

12(b) of the Act of August 18, 1970 (16 U.S.C. 1a–7(b)) and other

applicable law.

(f) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—Except as provided in paragraph (2), there

are authorized to be appropriated such sums as may be

necessary to carry out annual operations and maintenance with

respect to the park and to carry out the activities under section

3(D).

(2) EXCEPTIONS.—In carrying out this section—

(A) not more than $2,000,000 may be appropriated

for construction, restoration, and rehabilitation of visitor

and interpretive facilities, and directional and visitor

orientation signage;

(B) none of the funds authorized to be appropriated

by this section may be used for the operation or maintenance of the Schooner Ernestina; and

(C) not more than $50,000 annually of Federal funds

may be used for interpretive and education programs for

the Schooner Ernestina pursuant to cooperative grants

under subsection (d)(2).
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4163

SEC. 512. NICODEMUS NATIONAL HISTORIC SITE.

(a) FINDINGS AND PURPOSES.— (1) FINDINGS.—Congress finds that—

(A) the town of Nicodemus, in Kansas, has national

significance as the only remaining western town established by African-Americans during the Reconstruction

period following the Civil War;

(B) the town of Nicodemus is symbolic of the pioneer

spirit of Afican-Americans who dared to leave the only

region they had been familiar with to seek personal freedom

and the opportunity to develop their talents and capabilities; and

(C) the town of Nicodemus continues to be a valuable

African-American community.

(2) PURPOSES.—The purposes of this section are—

(A) to preserve, protect, and interpret for the benefit

and enjoyment of present and future generations, the

remaining structures and locations that represent the history (including the settlement and growth) of the town

of Nicodemus, Kansas; and

(B) to interpret the historical role of the town of

Nicodemus in the Reconstruction period in the context

of the experience of westward expansion in the United

States.

(b) DEFINITIONS.—In this section:

(1) HISTORIC SITE.—The term ‘‘historic site’’ means the

Nicodemus National Historic Site established by subsection

(c).

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(c) ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE.—

(1) ESTABLISHMENT.—There is established the Nicodemus

National Historic Site in Nicodemus, Kansas.

(2) DESCRIPTION.—

(A) IN GENERAL.—The historic site shall consist of the

first Baptist Church, the St. Francis Hotel, the Nicodemus

School District Number 1, the African Methodist Episcopal

Church, and the Township Hall located within the approximately 161.35 acres designated as the Nicodemus National

Landmark in the Township of Nicodemus, Graham County,

Kansas, as registered on the National Register of Historic

Places pursuant to section 101 of the National Historic

Preservation Act (16 U.S.C. 470a), and depicted on a map

entitled ‘‘Nicodemus National Historic Site’’, numbered

80,000 and dated August 1994.

(B) MAP AND BOUNDARY DESCRIPTION.—The map

referred to in subparagraph (A) and accompanying boundary description shall be on file and available for public

inspection in the office of the Director of the National

Park Service and any other office of the National Park

Service that the Secretary determines to be an appropriate

location for filing the map and boundary description.

(d) ADMINISTRATION OF THE HISTORIC SITE.—

(1) IN GENERAL.—The Secretary shall administer the

historic site in accordance with this section and the provisions

of law generally applicable to units of the National Park System, including the Act entitled ‘‘An Act to establish a National

16 USC 461 note.
110 STAT. 4164 PUBLIC LAW 104–333—NOV. 12, 1996

Park Service, and for other purposes’’, approved August 25,

1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935

(49 Stat. 666, chapter 593; 16 U.S.C. 461 et seq.).

(2) COOPERATIVE AGREEMENTS.—To further the purposes

of this section, the Secretary may enter into a cooperative

agreement with any interested individual, public or private

agency, organization, or institution.

(3) TECHNICAL AND PRESERVATION ASSISTANCE.—

(A) IN GENERAL.—The Secretary may provide to any

eligible person described in subparagraph (B) technical

assistance for the preservation of historic structures of,

the maintenance of the cultural landscape of, and local

preservation planning for, the historic site.

(B) ELIGIBLE PERSONS.—The eligible persons described

in this subparagraph are—

(i) an owner of real property within the boundary

of the historic site, as described in subsection (c)(2);

and

(ii) any interested individual, agency, organization,

or institution that has entered into an agreement with

the Secretary pursuant to paragraph (2).

(e) ACQUISITION OF REAL PROPERTY.—

(1) IN GENERAL.—Subject to paragraph (2), the Secretary

is authorized to acquire by donation, exchange, or purchase

with funds made available by donation or appropriation, such

lands or interests in lands as may be necessary to allow for

the interpretation, preservation, or restoration of the First

Baptist Church, the St. Francis Hotel, the Nicodemus School

District Number 1, the African Methodist Episcopal Church,

or the Township Hall, as described in subsection (c)(2)(A), or

any combination thereof.

(2) LIMITATIONS.—

(A) ACQUISITION OF PROPERTY OWNED BY THE STATE

OF KANSAS.—Real property that is owned by the State

of Kansas or a political subdivision of the State of Kansas

that is acquired pursuant to paragraph (1) may only be

acquired by donation.

(B) CONSENT OF OWNER REQUIRED.—No real property

may be acquired under this subsection without the consent

of the owner of the real property.

(f) GENERAL MANAGEMENT PLAN.—

(1) IN GENERAL.—Not later than the last day of the third

full fiscal year beginning after the date of enactment of this

Act, the Secretary shall, in consultation with the officials

described in paragraph (2), prepare a general management

plan for the historic site.

(2) CONSULTATION.—In preparing the general management

plan, the Secretary shall consult with an appropriate official

of each of the following:

(A) The Nicodemus Historical Society.

(B) The Kansas Historical Society.

(C) Appropriate political subdivisions of the State of

Kansas that have jurisdiction over all or a portion of the

historic site.

(3) SUBMISSION OF PLAN TO CONGRESS.—Upon the

completion of the general management plan, the Secretary shall

submit a copy of the plan to the Committee on Energy and
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4165

Natural Resources of the Senate and the Committee on

Resources of the House of Representatives.

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Department of the Interior such sums

as are necessary to carry out this section.

SEC. 513. UNALASKA.

(a) SHORT TITLE.—This section may be cited as the ‘‘Aleutian

World War II National Historic Areas Act of 1996’’.

(b) PURPOSE.—The purpose of this section is to designate and

preserve the Aleutian World War II National Historic Area within

lands owned by the Ounalaska Corporation on the island of

Amaknak, Alaska and to provide for the interpretation, for the

educational and inspirational benefit of present and future generations, of the unique and significant circumstances involving the

history of the Aleut people, and the role of the Aleut people and

the Aleutian Islands in the defense of the United States in World

War II.

(c) BOUNDARIES.—The Aleutian World War II National Historic

Area whall be comprised of areas on Amaknak Island depicted

on the map entitled ‘‘Aleutian World War II National Historic

Area’’.

(d) TERMS AND CONDITIONS.—Nothing in this section shall—

(1) authorize the conveyance of lands between the

Ounalaska Corporation and the United States Department of

the Interior, nor remove land or structures appurtenant to

the land from the exclusive control of the Ounalaska Corporation; or

(2) provide authority for the Department of the Interior

to assume the duties associated with the daily operation for

the historic area or any of its facilities or structures.

(e) TECHNICAL ASSISTANCE.—The Secretary of the Interior may

award grants and provide technical assistance to the Ounalaska

Corporation and the City of Unalaska to assist with the planning,

development, and historic preservation from any program funds

authorized by law for technical assistance, land use planning or

historic preservation.

SEC. 514. JAPANESE AMERICAN PATRIOTISM MEMORIAL.

(a) PURPOSE.—It is the purpose of this section—

(1) to assist in the effort to timely establish within the

District of Columbia a national memorial to Japanese American

patriotism in World War II; and

(2) to improve management of certain parcels of Federal

real property located within the District of Columbia,

by the transferring jurisdiction over such parcels to the Architect

of the Capitol, the Secretary of the Interior, and the Government

of the District of Columbia.

(b) TRANSFERS OF JURISDICTION.— (1) IN GENERAL.—Effective on the date of the enactment

of this Act and notwithstanding any other provision of law,

jurisdiction over the parcels of Federal real property described

in paragraph (2) is transferred without additional consideration

as provided by paragraph (2).

(2) SPECIFIC TRANSFERS.— (A) TRANSFERS TO SECRETARY OF THE INTERIOR.—

(i) IN GENERAL.—Jurisdiction over the following

parcels is transferred to the Secretary of the Interior:

Effective date.

40 USC 193a

note, 1003 note.

Aleutian World

War II National

Historic Areas

Act of 1996.

16 USC 461 note.
110 STAT. 4166 PUBLIC LAW 104–333—NOV. 12, 1996

(I) That triangle of Federal land, including

any contiguous sidewalks and tree space, that is

part of the United States Capitol Grounds under

the jurisdiction of the Architect of the Capitol

bound by D Street, N.W., New Jersey Avenue,

N.W., and Louisiana Avenue, N.W., in square

W632 in the District of Columbia, as shown on

the Map Showing Properties Under Jurisdiction

of the Architect of the Capitol, dated November

8, 1994.

(II) That triangle of Federal land, including

any contiguous sidewalks and tree space, that is

part of the United States Capitol Grounds under

the jurisdiction of the Architect of the Capitol

bound by C Street, N.W., First Street, N.W., and

Louisiana Avenue, N.W., in the District of Columbia, as shown on the Map Showing Properties

Under Jurisdiction of the Architect of the Capitol,

dated November 8, 1994.

(ii) LIMITATION.—The parcels transferred by clause

(i) shall not include those contiguous sidewalks

abutting Louisiana Avenue, N.W., which shall remain

part of the United States Capitol Grounds under the

jurisdiction of the Architect of the Capitol.

(iii) CONSIDERATION AS MEMORIAL SITE.—The

parcels transferred by subclause (I) of clause (i) may

be considered as a site for a national memorial to

Japanese American patriotism in World War II.

(B) TRANSFERS TO ARCHITECT OF THE CAPITOL.—

Jurisdiction over the following parcels is transferred to

the Architect of the Capitol:

(i) That portion of the triangle of Federal land

in Reservation No. 204 in the District of Columbia

under the jurisdiction of the Secretary of the Interior,

including any contiguous sidewalks, bound by Constitution Avenue, N.E., on the north, the branch of

Maryland Avenue, N.E., running in a northeast direction on the west, the major portion of Maryland

Avenue, N.E., on the south, and 2nd Street, N.E.,

on the east, including the contiguous sidewalks.

(ii) That irregular area of Federal land in Reservation No. 204 in the District of Columbia under the

jurisdiction of the Secretary of the Interior, including

any contiguous sidewalks, northeast of the real property described in clause (i) bound by Constitution

Avenue, N.E., on the north, the branch of Maryland

Avenue, N.E., running to the northeast on the south,

and the private property on the west known as lot

7, in square 726.

(iii) The two irregularly shaped medians lying

north and east of the property described in clause

(i), located between the north and south curbs of

Constitution Avenue, N.E., west of its intersection with

Second Street, N.E., all as shown in Land Record No.

268, dated November 22, 1957, in the Office of the

Surveyor, District of Columbia, in Book 138, Page 58.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4167

(iv) All sidewalks under the jurisdiction of the

District of Columbia abutting on and contiguous to

the land described in clauses (i), (ii), and (iii).

(C) TRANSFERS TO DISTRICT OF COLUMBIA.—Jurisdiction

over the following parcels is transferred to the Government

of the District of Columbia:

(i) That portion of New Jersey Avenue, N.W.,

between the northernmost point of the intersection

of New Jersey Avenue, N.W., and D Street, N.W.,

and the northernmost point of the intersection of New

Jersey Avenue, N.W., and Louisiana Avenue, N.W.,

between squares 631 and W632, which remains Federal

property.

(ii) That portion of D Street, N.W., between its

intersection with New Jersey Avenue, N.W., and its

intersection with Louisiana Avenue, N.W., between

squares 630 and W632, which remains Federal

property.

(c) MISCELLANEOUS.—

(1) COMPLIANCE WITH OTHER LAWS.—Compliance with this

section shall be deemed to satisfy the requirements of all laws

otherwise applicable to transfers of jurisdiction over parcels

of Federal real property.

(2) LAW ENFORCEMENT RESPONSIBILITY.—Law enforcement

responsibility for the parcels of Federal real property for which

jurisdiction is transferred by subsection (b) shall be assumed

by the person acquiring such jurisdiction.

(3) UNITED STATES CAPITOL GROUNDS.—

(A) DEFINITION.—The first section of the Act entitled

‘‘An Act to define the United States Capitol Grounds, to

regulate the use thereof, and for other purposes’’, approved

July 31, 1946 (40 U.S.C. 193a), is amended to include

within the definition of the United States Capitol Grounds

the parcels of Federal real property described in subsection

(b)(2)(B).

(B) JURISDICTION OF CAPITOL POLICE.—The United

States Capitol Police shall have jurisdiction over the parcels

of Federal real property described in subsection (b)(2)(B)

in accordance with section 9 of such Act of July 31, 1946

(40 U.S.C. 212a).

(4) EFFECT OF TRANSFERS.—A person relinquishing

jurisdiction over a parcel of Federal real property transferred

by subsection (b) shall not retain any interest in the parcel

except as specifically provided by this section.

SEC. 515. MANZANAR NATIONAL HISTORIC SITE.

(a) TERMINATION OF WITHDRAWALS.—

(1) UNAVAILABILITY OF CERTAIN LANDS.—The Congress, by

enacting the Act entitled ‘‘An Act to establish the Manzanar

National Historic Site in the State of California, and for other

purposes’’, approved March 3, 1992 (106 Stat. 40; Public Law

102–248), (1) provided for the protection and interpretation

of the historical, cultural, and natural resources associated

with the relocation of Japanese-Americans during World War

II and established the Manzanar National Historic Site in

the State of California, and (2) authorized the Secretary of

the Interior to acquire lands or interests therein within the

16 USC 461 note.
110 STAT. 4168 PUBLIC LAW 104–333—NOV. 12, 1996

boundary of the Historic Site by donation, purchase with

donated or appropriated funds, or by exchange. The public

lands identified for disposal in the Bureau of Land Management’s Bishop Resource Area Resource Management Plan that

could be made available for exchange in support of acquiring

lands within the boundary of the Historic Site are currently

unavailable for this purpose because they are withdrawn by

an Act of Congress.

(2) TERMINATION OF WITHDRAWAL.—To provide a land base

with which to allow land exchanges in support of acquiring

lands within the boundary of the Manzanar National Historic

Site, the withdrawal of the following described lands is terminated and such lands shall not be subject to the Act of March

4, 1931 (chapter 517; 46 Stat. 1530):

MOUNT DIABLO MERIDIAN

Township 2 North, Range 26 East

Section 7:

North half south half of lot 1 of southwest quarter, north

half south half of lot 2 of southwest quarter, north half south

half southeast quarter.

Township 4 South, Range 33 East

Section 31:

Lot 1 of southwest quarter, northwest quarter northeast

quarter, southeast quarter;

Section 32:

Southeast quarter northwest quarter, northeast quarter

southwest quarter, southwest quarter southeast quarter.

Township 5 South, Range 33 East

Section 4:

West half of lot 1 of northwest quarter, west half of lot

2 of northwest quarter.

Section 5:

East half of lot 1 of northeast quarter, east half of lot

2 of northeast quarter.

Section 9:

Northwest quarter southwest quarter northeast quarter.

Section 17:

Southeast quarter northwest quarter, northwest quarter

southeast quarter.

Section 22:

Lot 1 and 2.

Section 27:

Lot 2, west half northeast quarter, southeast quarter northwest quarter, northeast quarter southwest quarter, northwest

quarter southeast quarter.

Section 34:

Northeast quarter, northwest quarter, southeast quarter.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4169

Township 6 South, Range 31 East

Section 19:

East half northeast quarter southeast quarter.

Township 6 South, Range 33 East

Section 10:

East half southeast quarter.

Section 11:

Lot 1 and 2, west half northeast quarter, northwest quarter,

west half southwest quarter, northeast quarter southwest

quarter.

Section 14:

Lots 1 through 4, west half northeast quarter, southeast

quarter northwest quarter, northeast quarter southwest

quarter, northwest quarter southeast quarter.

Township 7 South, Range 32 East

Section 23:

South half southwest quarter.

Section 25:

Lot 2, northeast quarter northwest quarter.

Township 7 South, Range 33 East

Section 30:

South half of lot 2 of northwest quarter, lot 1 and 2 of

southwest quarter.

Section 31:

North half of lot 2 of northwest quarter, southeast quarter

northeast quarter, northeast quarter southeast quarter.

Township 8 South, Range 33 East

Section 5:

Northwest quarter southwest quarter.

Township 13 South, Range 34 East

Section 1:

Lots 43, 46, and 49 through 51.

Section 2:

North half northwest quarter southeast quarter southeast

quarter.

Township 11 South, Range 35 East

Section 30:

Lots 1 and 2, east half northwest quarter, east half

southwest quarter, and west half southwest quarter southeast

quarter.

Section 31:

Lot 8, west half west half northeast quarter, east half

northwest quarter, and west half southeast quarter.
110 STAT. 4170 PUBLIC LAW 104–333—NOV. 12, 1996

Township 13 South, Range 35 East

Section 18:

South half of lot 2 of northwest quarter, lot 1 and 2 of

southwest quarter, southwest quarter northeast quarter, northwest quarter southeast quarter.

Section 29:

Southeast quarter northeast quarter, northeast quarter

southeast quarter.

Township 13 South, Range 36 East

Section 17:

Southwest quarter northwest quarter, southwest quarter.

Section 18:

South half of lot 1 of northwest quarter, lot 1 of southwest

quarter, northeast quarter, southeast quarter.

Section 19:

North half of lot 1 of northwest quarter, east half northeast

quarter, northwest quarter northeast quarter.

Section 20:

Southwest quarter northeast quarter, northwest quarter,

northeast quarter southwest quarter, southeast quarter.

Section 28:

Southwest quarter southwest quarter.

Section 29:

East half northeast quarter.

Section 33:

Northwest quarter northwest quarter, southeast quarter

northwest quarter.

Township 14 South, Range 36 East

Section 31:

Lots 1 and 2 of southwest quarter, southwest quarter southeast quarter.

aggregating 5,630 acres, more or less.

(b) AVAILABILITY OF LANDS.—Upon enactment of this Act, the

lands specified in subsection (a) shall be open to operation of the

public land laws, including the mining and mineral leasing laws,

only after the Secretary of the Interior has published a notice

in the Federal Register opening such lands.

(c) ADDITIONAL AREA.—Section 101 of Public Law 102–248 is

amended by inserting in subsection (b) after the second sentence

‘‘The site shall also include an additional area of approximately

300 acres as demarcated as the new proposed boundaries in the

map dated March 8, 1996, entitled ‘Manzanar National Historic

Site Archaeological Base Map’.’’.

SEC. 516. RECOGNITION AND DESIGNATION OF THE AIDS MEMORIAL

GROVE AS NATIONAL MEMORIAL.

(a) RECOGNITION OF SIGNIFICANCE OF THE AIDS MEMORIAL

GROVE.—The Congress hereby recognizes the significance of the

AIDS Memorial Grove located in Golden Gate Park in San

Francisco, California, as a memorial—

(1) dedicated to individuals who have died as a result

of acquired immune deficiency syndrome; and

16 USC 431 note.

Federal Register,

publication.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4171

(2) in support of individuals who are living with acquired

immune deficiency syndrome and their loved ones and

caregivers.

(b) DESIGNATION AS NATIONAL MEMORIAL.—Not later than 90

days after the date of enactment of this Act, the Secretary of

the Interior shall designate the AIDS Memorial Grove as a national

memorial.

TITLE VI—CIVIL AND REVOLUTIONARY

WAR SITES

SEC. 601. UNITED STATES CIVIL WAR CENTER.

(a) DESIGNATION.—The Civil War Center, located on Raphael

Semmes Drive at Louisiana State University in Baton Rouge,

Louisiana (hereafter in this section referred to as the ‘‘center’’)

shall be known and designated as the ‘‘United States Civil War

Center’’.

(b) LEGAL REFERENCES.—Any reference in any law, regulation,

paper, record, map, or any other document of the United States

to the center referred to in subsection (b) shall be deemed to

be a reference to the ‘‘United States Civil War Center’’.

(c) FLAGSHIP INSTITUTIONS.—The center and the Civil War

Institute of Gettysburg College, located at 233 North Washington

Street in Gettysburg, Pennsylvania, shall be the flagship institutions for planning the sesquicentennial commemoration of the Civil

War.

SEC. 602. CORINTH, MISSISSIPPI, BATTLEFIELD ACT.

(a) PURPOSE.—The purpose of this section is to provide for

a center for the interpretation of the Siege and Battle of Corinth

and other Civil War actions in the Region and to enhance

public understanding of the significance of the Corinth Campaign

in the Civil War relative to the Western theater of operations,

in cooperation with State or local governmental entities and private

organizations and individuals.

(b) ACQUISITION OF PROPERTY AT CORINTH, MISSISSIPPI.—The

Secretary of the Interior (referred to in this title as the ‘‘Secretary’’)

shall acquire by donation, purchase with donated or appropriated

funds, or exchange, such land and interests in land in the vicinity

of the Corinth Battlefield, in the State of Mississippi, as the

Secretary determines to be necessary for the construction of an

interpretive center to commemorate and interpret the 1862 Civil

War Siege and Battle of Corinth.

(c) PUBLICLY OWNED LAND.—Land and interests in land owned

by the State of Mississippi or a political subdivision of the State

of Mississippi may be acquired only by donation.

(d) INTERPRETIVE CENTER AND MARKING.—

(1) INTERPRETIVE CENTER.—The Secretary shall construct,

operate, and maintain on the property acquired under subsection (b) a center for the interpretation of the Siege and

Battle of Corinth and associated historical events for the benefit

of the public.

(2) MARKING.—The Secretary may mark sites associated

with the Siege and Battle of Corinth National Historic Landmark, as designated on May 6, 1991, if the sites are determined

16 USC 430f–5.
110 STAT. 4172 PUBLIC LAW 104–333—NOV. 12, 1996

by the Secretary to be protected by State or local governmental

agencies.

(3) ADMINISTRATION.—The land and interests in land

acquired, and the facilities constructed and maintained pursuant to this section, shall be administered by the Secretary

as a part of Shiloh National Military Park, subject to the

appropriate laws (including regulations) applicable to the Park,

the Act entitled ‘‘An Act to establish a National Park Service,

and for other purposes’’, approved August 25, 1916 (16 U.S.C.

1 et seq.), and the Act entitled ‘‘An Act to provide for the

preservation of historic American sites, buildings, objects, and

antiquities of national significance, and for other purposes’’,

approved August 21, 1935 (16 U.S.C. 461 et seq.).

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $6,000,000 for development to carry out this

section.

SEC. 603. REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC

PRESERVATION STUDY.

(a) SHORT TITLE.—This section may be cited as the ‘‘Revolutionary War and War of 1812 Historic Preservation Study Act of 1996’’.

(b) FINDINGS.—The Congress finds that—

(1) Revolutionary War sites and War of 1812 sites provide

a means for Americans to understand and interpret the periods

in American history during which the Revolutionary War and

War of 1812 were fought;

(2) the historical integrity of many Revolutionary War sites

and War of 1812 sites is at risk because many of the sites

are located in regions that are undergoing rapid urban or

suburban development; and

(3) it is important, for the benefit of the United States,

to obtain current information on the significance of, threats

to the integrity of, and alternatives of the preservation and

interpretation of Revolutionary War sites and War of 1812

sites.

(c) DEFINITIONS.—In this section:

(1) DIRECTOR.—The term ‘‘Director’’ means the Director

of the National Park Service.

(2) REVOLUTIONARY WAR SITE.—The term ‘‘Revolutionary

War site’’ means a site or structure situated in the United

States that is thematically tied with the nationally significant

events that occurred during the Revolutionary War.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) WAR OF 1812 SITE.—The term ‘‘War of 1812 site’’ means

a site or structure situated in the United States that is thematically tied with the nationally significant events that occurred

during the War of 1812.

(d) STUDY.—

(1) PREPARATION.—The Secretary, acting through the

Director, shall prepare a study of Revolutionary War sites

and War of 1812 sites.

(2) MATTERS TO BE ADDRESSED.—The study under subsection (b) shall—

(A) identify Revolutionary War sites and War of 1812

sites, including sites within units of the National Park

System in existence on the date of enactment of this Act;

Revolutionary

War and War of

1812 Historic

Preservation

Study Act of

1996.

16 USC 1a–5

note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4173

(B) determine the relative significance of the sites;

(C) assess short- and long-term threats to the integrity

of the sites;

(D) provide alternatives for the preservation and

interpretation of the sites by Federal, State, and local

governments, or other public or private entities, including

designation of the sites as units of the National Park

System; and

(E) research and propose land preservation techniques.

(3) CONSULTATION.—During the preparation of the study

under paragraph (1), the Director shall consult with—

(A) the Governor of each affected State;

(B) each affected unit of local government;

(C) State and local historic preservation organizations;

(D) scholarly organizations; and

(E) such other interested parties as the Secretary

considers advisable.

(4) TRANSMITTAL TO CONGRESS.—Not later than 2 years

after the date on which funds are made available to carry

out the study under paragraph (1), the Director shall transmit

a report describing the results of the study to the Committee

on Resources of the House of Representatives and the

Committee on Energy and Natural Resources of the Senate.

(5) REPORT.—If the Director submits a report on the study

to the Director of the Office of Management and Budget, the

Secretary shall concurrently transmit copies of the report to

the Committee on Resources of the House of Representatives

and the Committee on Energy and Natural Resources of the

Senate.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $750,000, to remain

available until expended.

SEC. 604. AMERICAN BATTLEFIELD PROTECTION PROGRAM.

(a) SHORT TITLE.—This section may be cited as the ‘‘American

Battlefield Protection Act of 1996’’.

(b) PURPOSE.—The purpose of this section is to assist citizens,

public and private institutions, and governments at all levels in

planning, interpreting, and protecting sites where historic battles

were fought on American soil during the armed conflicts that shaped

the growth and development of the United States, in order that

present and future generations may learn and gain inspiration

from the ground where Americans made their ultimate sacrifice.

(c) PRESERVATION ASSISTANCE.—

(1) IN GENERAL.—Using the established national historic

preservation program to the extent practicable, the Secretary

of the Interior, acting through the American Battlefield Protection Program, shall encourage, support, assist, recognize, and

work in partnership with citizens, Federal, State, local, and

tribal governments, other public entities, educational institutions, and private nonprofit organizations in identifying,

researching, evaluating, interpreting, and protecting historic

battlefields and associated sites on a National, State, and local

level.

(2) FINANCIAL ASSISTANCE.—To carry out paragraph

(1), the Secretary may use a cooperative agreement, grant,

American

Battlefield

Protection Act of

1996.

16 USC 469k.
110 STAT. 4174 PUBLIC LAW 104–333—NOV. 12, 1996

contract, or other generally adopted means of providing financial assistance.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $3,000,000 annually to carry out this section,

to remain available until expended.

(e) REPEAL.— (1) IN GENERAL.—This section is repealed as of the date

that is 10 years after the date of enactment of this section.

(2) NO EFFECT ON GENERAL AUTHORITY.—The Secretary

may continue to conduct battlefield studies in accordance with

other authorities available to the Secretary.

(3) UNOBLIGATED FUNDS.—Any funds made available under

this section that remain unobligated shall be credited to the

general fund of the Treasury.

SEC. 605. CHICKAMAUGA AND CHATTANOOGA NATIONAL MILITARY

PARKS.

Section 1(c) of the Act entitled ‘‘An Act to authorize and direct

the National Park Service to assist the State of Georgia in relocating

a highway affecting the Chickamauga and Chattanooga National

Military Park in Georgia’’, approved December 24, 1987 (101 Stat.

1442), is amended by striking ‘‘$30,000,000’’ and inserting

‘‘$51,900,000’’.

SEC. 606. SHENANDOAH VALLEY BATTLEFIELDS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Shenandoah

Valley Battlefields National Historic District and Commission Act

of 1996’’.

(b) CONGRESSIONAL FINDINGS.—The Congress finds that—

(1) there are situated in the Shenandoah Valley in the

Commonwealth of Virginia the sites of several key Civil War

battles;

(2) certain sites, battlefields, structures, and districts in

the Shenandoah Valley are collectively of national significance

in the history of the Civil War;

(3) in 1992, the Secretary of the Interior issued a

comprehensive study of significant sites and structures associated with Civil War battles in the Shenandoah Valley, and

found that many of the sites within the Shenandoah Valley

possess national significance and retain a high degree of historical integrity;

(4) the preservation and interpretation of these sites will

make a vital contribution to the understanding of the heritage

of the United States;

(5) the preservation of Civil War sites within a regional

framework requires cooperation among local property owners

and Federal, State, and local government entities; and

(6) partnerships between Federal, State, and local

governments, the regional entities of such governments, and

the private sector offer the most effective opportunities for

the enhancement and management of the Civil War battlefields

and related sites in the Shenandoah Valley.

(c) STATEMENT OF PURPOSE.—The purposes of this section

are to—

(1) preserve, conserve, and interpret the legacy of the Civil

War in the Shenandoah Valley;

(2) recognize and interpret important events and

geographic locations representing key Civil War battles in the

Shenandoah

Valley

Battlefields

National Historic

District and

Commission Act

of 1996.

16 USC 461 note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4175

Shenandoah Valley, including those battlefields associated with

the Thomas J. (Stonewall) Jackson campaign of 1862 and the

decisive campaigns of 1864;

(3) recognize and interpret the effect of the Civil War

on the civilian population of the Shenandoah Valley during

the war and postwar reconstruction period; and

(4) create partnerships among Federal, State, and local

governments, the regional entities of such governments, and

the private sector to preserve, conserve, enhance, and interpret

the nationally significant battlefields and related sites

associated with the Civil War in the Shenandoah Valley.

(d) DEFINITIONS.—As used in this section:

(1) The term ‘‘District’’ means the Shenandoah Valley

Battlefields National Historic District established by

section 5.

(2) The term ‘‘Commission’’ means the Shenandoah Valley

Battlefields National Historic District Commission established

by section 9.

(3) The term ‘‘plan’’ means the Shenandoah Valley Battlefields National Historic District Commission plan approved by

the Secretary under section 6.

(4) The term ‘‘management entity’’ means a unit of

government or nonprofit organization designated by the plan

to manage and administer the District.

(5) The term ‘‘Secretary’’ means the Secretary of the

Interior.

(6) The term ‘‘Shenandoah Valley’’ means the Shenandoah

Valley in the Commonwealth of Virginia.

(e) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC

DISTRICT.—

(1) ESTABLISHMENT.—To carry out the purposes of this

section, there is hereby established the Shenandoah Valley

Battlefields National Historic District in the Commonwealth

of Virginia.

(2) BOUNDARIES.—(A) The corridor shall consist of lands

and interests therein as generally depicted on the map entitled

‘‘Shenandoah Valley National Battlefields’’, numbered SHVA/

80,000, and dated April 1994.

(B) The District shall consist of historic transportation

routes linking the units depicted on the map referred to in

subparagraph (A).

(C) The map referred to in subparagraph (A) shall be

on file and available for public inspection in the offices of

the Commission, the management entity, and in the appropriate

offices of the National Park Service.

(f) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC

DISTRICT PLAN.—

(1) IN GENERAL.—The District shall be managed and

administered by the Commission and the management entity

in accordance with the purposes of this Act and the Shenandoah

Valley Battlefields National Historic District plan developed

by the Commission and approved by the Secretary, as provided

in this subsection.

(2) SPECIFIC PROVISIONS.—The plan shall include—

(A) an inventory which includes any property in the

District which should be preserved, restored, managed,
110 STAT. 4176 PUBLIC LAW 104–333—NOV. 12, 1996

maintained, or acquired because of its national historic

significance;

(B) provisions for the protection and interpretation of

the natural, cultural, and historic resources of the District

consistent with the purposes of this section;

(C) provisions for the establishment of a management

entity which shall be a unit of government or a private

nonprofit organization that administers and manages the

District consistent with the plan, and possesses the legal

ability to—

(i) receive Federal funds and funds from other

units of government or other organizations for use

in preparing and implementing the management plan;

(ii) disburse Federal funds to other units of

government or other nonprofit organizations for use

in preparing and implementing the plan;

(iii) enter into agreements with the Federal, State,

or other units of government and nonprofit organizations;

(iv) acquire lands or interests therein by gift or

devise, or by purchase from a willing seller using

donated or appropriated funds, or by donation and

no lands or interests therein may be acquired by

condemnation; and

(v) make such reasonable and necessary

modifications to the plan which shall be approved by

the Secretary;

(D) recommendations to the Commonwealth of Virginia

(and political subdivisions thereof) for the management,

protection, and interpretation of the natural, cultural, and

historical resources of the District;

(E) identification of appropriate partnerships between

the Federal, State, and local governments and regional

entities, and the private sector, in furtherance of the purposes of this section;

(F) locations for visitor contact and major interpretive

facilities;

(G) provisions for implementing a continuing program

of interpretation and visitor education concerning the

resources and values of the District;

(H) provisions for a uniform historical marker and

wayside exhibit program in the District, including a provision for marking, with the consent of the owner, historic

structures and properties that are contained within the

historic core areas and contribute to the understanding

of the District;

(I) recommendations for means of ensuring continued

local involvement and participation in the management,

protection, and development of the District; and

(J) provisions for appropriate living history demonstrations and battlefield reenactments.

(3) PREPARATION OF DRAFT PLAN.—(A) Not later than 3

years after the date on which the Commission conducts its

first meeting, the Commission shall submit to the Secretary

a draft plan that meets the requirements of paragraph (2).

(B) Prior to submitting the draft plan to the Secretary,

the Commission shall ensure that—
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4177

(i) the Commonwealth of Virginia, and any political

subdivision thereof that would be affected by the plan,

receives a copy of the draft plan;

(ii) adequate notice of the availability of the draft plan

is provided through publication in appropriate local newspapers in the area of the District; and

(iii) at least 1 public hearing in the vicinity of the

District is conducted by the Commission with respect to

the draft plan.

(4) REVIEW OF THE PLAN BY THE SECRETARY.—The Secretary

shall review the draft plan submitted under paragraph (3)

and, not later than 90 days after the date on which the draft

plan is submitted, shall either—

(A) approve the draft plan as the plan if the Secretary

finds that the plan, when implemented, would adequately

protect the significant historical and cultural resources of

the District; or

(B) reject the draft plan and advise the Commission

in writing of the reasons therefore and indicate any

recommendations for revisions that would make the draft

plan acceptable.

(g) DUTIES OF THE SECRETARY.—

(1) IN GENERAL.—The Secretary may award grants, provide

technical assistance and enter into cooperative agreements with

the Commission, management entity, other units of government, or other persons to provide for the preservation and

interpretation of the natural, cultural, and historical resources

within the District.

(2) TECHNICAL ASSISTANCE.—The Secretary may make

grants, provide technical assistance, and enter into cooperative

agreements for—

(A) the preparation and implementation of the plan

pursuant to subsection (f);

(B) interpretive and educational programs;

(C) acquiring lands or interests in lands from willing

sellers;

(D) capital projects and improvements undertaken

pursuant to the plan; and

(E) facilitating public access to historic resources

within the District.

(3) EARLY ACTIONS.—After enactment of this Act but prior

to approval of the plan, the Secretary may provide technical

and financial assistance for early actions which are important

to the purposes of this Act and which protect and preserve

resources in imminent danger of irreversible damage but for

the fact of such early action.

(4) ACQUISITION OF LAND.—The Secretary may acquire land

and interests in lands from a willing seller or donee within

the District that have been specifically identified by the

Commission for acquisition by the Federal Government. No

lands or interests therein may be acquired by condemnation.

(5) DETAIL.—Each fiscal year during the existence of the

Commission and upon request of the Commission, the Secretary

shall detail to the Commission, on a nonreimbursable basis,

2 employees of the Department of the Interior to enable the

Commission to carry out the Commission’s duties under section
110 STAT. 4178 PUBLIC LAW 104–333—NOV. 12, 1996

9. Such detail shall be without interruption or loss of civil

service status, benefits, or privileges.

(6) REPORT.—Not later than 2 years after approval of the

plan, the Secretary shall submit to Congress a report

recommending whether the District or components thereof meet

the criteria for designation as a unit of the National Park

Service.

(7) OTHER ASSISTANCE.—Nothing in this section shall be

deemed to prohibit the Secretary or units of government from

providing technical or financial assistance under any other

provision of law.

(h) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC

DISTRICT COMMISSION.—

(1) ESTABLISHMENT.—There is hereby established the

Shenandoah Valley Battlefields National Historic District

Commission.

(2) MEMBERSHIP.—The Commission shall be composed of

19 members, to be appointed by the Secretary as follows:

(A) 5 members representing local governments of

communities in the vicinity of the District, appointed after

the Secretary considers recommendations made by appropriate local governing bodies.

(B) 10 members representing property owners within

the District (1 member within each unit of the battlefields).

(C) 1 member with demonstrated expertise in historic

preservation.

(D) 1 member who is a recognized historian with expertise in Civil War history.

(E) The Governor of Virginia, or a designee of the

Governor, ex officio.

(F) The Director of the National Park Service, or a

designee of the Director, ex officio.

(3) APPOINTMENTS.—Members of the Commission shall be

appointed for terms of 3 years. Any member of the Commission

appointed for a definite term may serve after the expiration

of the term until the successor of the member is appointed.

(4) ELECTION OF OFFICERS.—The Commission shall elect

1 of its members as Chairperson and 1 as Vice Chairperson.

The Vice Chairperson shall serve as Chairperson in the absence

of the Chairperson.

(5) VACANCY.—Any vacancy on the Commission shall be

filled in the same manner in which the original appointment

was made, except that the Secretary shall fill any vacancy

within 30 days after the vacancy occurs.

(6) QUORUM.—Any majority of the Commission shall

constitute a quorum.

(7) MEETINGS.—The Commission shall meet at the call

of the Chairperson or a majority of the members of the Commission, but not less than quarterly. Notice of the Commission

meetings and agendas for the meetings shall be published

in local newspapers that have a distribution throughout the

Shenandoah Valley. Meetings of the Commission shall be

subject to section 552b of title 5, United States Code (relating

to open meetings).

(8) STAFF OF THE COMMISSION.—The Commission shall have

the power to appoint and fix the compensation of such staff

as may be necessary to carry out its duties.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4179

(9) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator

of the General Services Administration shall provide to the

Commission, without reimbursement, such administrative

support services as the Commission may request.

(10) FEDERAL AGENCIES.—Upon request of the Commission,

the head of any Federal agency may detail to the Commission

or management entity, without reimbursement, personnel of

the agency to assist the commission or management entity

in carrying out its duties and such detail shall be without

interruption or loss of civil service status, benefits, or privileges.

(11) SUBPOENAS.—The Commission may not issue

subpoenas or exercise any subpoena authority.

(12) EXPENSES.—Members of the Commission shall serve

without compensation, but the Secretary may reimburse

members for expenses reasonably incurred in carrying out the

responsibilities of the Commission under this Act.

(13) MAILS.—The Commission may use the United States

mails in the same manner and under the same conditions

as other departments and agencies of the United States.

(14) GIFTS.—The Commission may, for purposes of carrying

out the duties of the Commission, seek, accept, and dispose

of gifts, bequests, or donations of money, personal or real

property, or services received from any source.

(15) TERMINATION.—The Commission shall terminate at

the expiration of the 45-day period beginning on the date on

which the Secretary approves the plan under subsection (f)(4).

(i) DUTIES OF THE COMMISSION.—

(1) IN GENERAL.—The Commission shall—

(A) develop the plan and draft plan referred to in

subsection (f), in consultation with the Secretary;

(B) assist the Commonwealth of Virginia, and any

political subdivision thereof, in the management,

protection, and interpretation of the natural, cultural, and

historical resources within the District, except that the

Commission shall in no way infringe upon the authorities

and policies of the Commonwealth of Virginia or any

political subdivision; and

(C) take appropriate action to encourage protection

of the natural, cultural, and historic resources within the

District by landowners, local governments, organizations,

and businesses.

(j) AUTHORIZATION OF APPROPRIATION.—

(1) IN GENERAL.—From the amounts made available to

carry out the National Historic Preservation Act, there are

authorized to be appropriated to the Commission not more

than $250,000 annually to remain available until expended.

(2) ASSISTANCE.—(A) From the amounts made available

to carry out the National Historic Preservation Act, there are

authorized to be appropriated to the Secretary for grants and

technical assistance pursuant to subsections (g) (1), (2), and

(3) not more than $2,000,000 annually to remain available

until expended.

(B) The Federal share of any funds awarded under

subsection (g)(2) may not exceed the amount of non-Federal

funds provided for the preservation, interpretation, planning,

development, or implementation with respect to which the grant

is awarded.
110 STAT. 4180 PUBLIC LAW 104–333—NOV. 12, 1996

(3) LAND ACQUISITION.—From the amounts made available

to carry out the National Historic Preservation Act, there are

authorized to be appropriated for land acquisition pursuant

to subsection (g)(4) not more than $2,000,000 annually to

remain available until expended.

(4) MANAGEMENT ENTITY.—From the amounts made

available to carry out the National Historic Preservation Act,

there are authorized to be appropriated to the management

entity not more than $500,000 annually to remain available

until expended.

SEC. 607. WASHITA BATTLEFIELD.

(a) FINDINGS AND PURPOSES.—

(1) FINDINGS.—The Congress finds that—

(A) the Battle of the Washita, November 27, 1868,

was one of the largest engagements between Plains tribes

and the United States Army on the Southern Great Plains.

The site is a registered National Historic Landmark;

(B) Lt. Colonel George A. Custer, leading the 7th

United States Cavalry, attacked the sleeping Cheyenne

village of peace chief Black Kettle. Custer’s attack resulted

in more than 150 Indian casualties, many of them women

and children;

(C) the Battle of the Washita symbolizes the struggle

of the Southern Great Plains tribes to maintain their

traditional lifeways and not to submit to reservation

confinement; and

(D) the Washita battle site possesses a high degree

of integrity and the cultural landscape is essentially intact.

The Cheyenne village site has not been altered substantially except by periodic flooding of the Washita River.

(2) PURPOSES.—The purposes of this section are to—

(A) recognize the importance of the Battle of the

Washita as a nationally significant element of frontier

military history and as a symbol of the struggles of the

Southern Great Plains tribes to maintain control of their

traditional use areas; and

(B) establish the site of the Battle of the Washita

as a national historic site and provide opportunities for

American Indian groups including the Cheyenne-Arapaho

Tribe to be involved in the formulation of plans and

educational programs for the national historic site.

(b) ESTABLISHMENT.—

(1) IN GENERAL.—In order to provide for the preservation

and interpretation of the Battle of the Washita, there is hereby

established the Washita Battlefield National Historic Site in

the State of Oklahoma (hereafter in this section referred to

as the ‘‘national historic site’’).

(2) BOUNDARY.—

(A) IN GENERAL.—The national historic site shall

consist of—

(i) approximately 326 acres, as generally depicted

on the map entitled ‘‘Washita Battlefield National

Historic Site’’, numbered 22,000A and dated 12/95; and

(ii) the private lands subject to conservation easements referred to in subsection (d)(2).

16 USC 461 note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4181

(B) MAP.—The map referred to in subparagraph (A)(i)

shall be on file in the offices of the Director of the National

Park Service, Department of the Interior, and other appropriate offices of the National Park Service. The Secretary

of the Interior (hereafter in this section referred to as

the ‘‘Secretary’’) may, from time to time, make minor

revisions in the boundary of the national historic site in

accordance with section 7(c) of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l–4 et seq.).

(c) ADMINISTRATION.—

(1) IN GENERAL.—The Secretary, acting through the

Director of the National Park Service, shall manage the

national historic site in accordance with this section and the

provisions of law generally applicable to units of the National

Park System, including ‘‘An Act to establish a National Park

Service, and for other purposes’’, approved August 25, 1916

(39 Stat. 535; 16 U.S.C. 1, 2–4), and the Act of August 21,

1935 (49 Stat. 666; U.S.C. 461–467).

(2) MANAGEMENT PURPOSES.—The Secretary shall manage

the national historic site for the following purposes, among

others:

(A) To protect and preserve the national historic site,

including the topographic features important to the battle

site, artifacts and other physical remains of the battle,

and the visual scene as closely as possible as it was at

the time of the battle.

(B) To interpret the cultural and natural resources

of the historic site, providing for public understanding and

appreciation of the area in such manner as to perpetuate

these qualities and values for future generations.

(3) CONSULTATION AND TRAINING.—The Secretary, acting

through the Director of the National Park Service, shall consult

regularly with the Cheyenne-Arapaho Tribe on the formulation

of the management plan provisions referred to in subsection

(e)(5) and on preparation of educational programs provided

to the public. The Secretary is authorized to enter into

cooperative agreements with the Cheyenne-Arapaho Tribe, its

subordinate boards, committees, enterprises, and traditional

leaders to further the purposes of this Act.

(d) ACQUISITION OF PROPERTY.—

(1) PARK BOUNDARIES.—Within the boundaries of the

national historic site, the Secretary is authorized to acquire

lands and interests in lands by donation, purchase with donated

or appropriated funds, or exchange, except that—

(A) no lands or interests in lands within the historic

site may be acquired without the consent of the owner

thereof, and

(B) lands and interests in lands owned by the State

of Oklahoma or any political subdivision thereof may be

acquired only by donation.

(2) CONSERVATION EASEMENTS.—The Congress finds that

the State of Oklahoma, acting through the Oklahoma Historical

Society, will work with local land owners to acquire and hold

in perpetuity conservation easements in the vicinity of the

national historic site as deemed necessary for the visual and

interpretive integrity of the site. The intent of the easements

Contracts.
110 STAT. 4182 PUBLIC LAW 104–333—NOV. 12, 1996

will be to keep occupancy of the land in private ownership

and use of the land in general agriculture.

(e) MANAGEMENT PLAN.—Within 5 years after the date funds

are made available for purposes of this section, the Secretary,

acting through the Director of the National Park Service, shall

prepare a general management plan for the national historic site.

The plan shall address, but not be limited to, each of the following:

(1) A resource protection program.

(2) A visitor use plan including programs and facilities

that will be provided for public use, including the location

and cost of public facilities.

(3) A research and curation plan.

(4) A highway signing program.

(5) Involvement by the Cheyenne-Arapaho Tribe in the

formulation of educational programs for the national historic

site.

(6) Involvement by the State of Oklahoma and other local

and national entities willing to share in the responsibilities

of developing and supporting the national historic site.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section for land acquisition

and development not more than $5,000,000.

TITLE VII—FEES

SEC. 701. SKI AREA PERMIT RENTAL CHARGE.

(a) The Secretary of Agriculture shall charge a rental charge

for all ski area permits issued pursuant to section 3 of the National

Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b), the Act

of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497),

or the 9th through 20th paragraphs under the heading ‘‘SURVEYING THE PUBLIC LANDS’’ under the heading ‘‘UNDER THE

DEPARTMENT OF THE INTERIOR’’ in the Act of June 4, 1897

(30 Stat. 34, chapter 2), on National Forest System lands. Permit

rental charges for permits issued pursuant to the National Forest

Ski Area Permit Act of 1986 shall be calculated as set forth in

subsection (b). Permit rental charges for existing ski area permits

issued pursuant to the Act of March 4, 1915, and the Act of

June 4, 1897, shall be calculated in accordance with those existing

permits: Provided, That a permittee may, at the permittee’s option,

use the calculation method set forth in subsection (b).

(b)(1) The ski area permit rental charge (SAPRC) shall be

calculated by adding the permittee’s gross revenues from lift ticket/

year-round ski area use pass sales plus revenue from ski school

operations (LT+SS) and multiplying such total by the slope transport feet percentage (STFP) on National Forest System land. That

amount shall be increased by the gross year-round revenue from

ancillary facilities (GRAF) physically located on national forest land,

including all permittee or subpermittee lodging, food service, rental

shops, parking and other ancillary operations, to determine the

adjusted gross revenue (AGR) subject to the permit rental charge.

The final rental charge shall be calculated by multiplying the AGR

by the following percentages for each revenue bracket and adding

the total for each revenue bracket:

(A) 1.5 percent of all adjusted gross revenue below

$3,000,000;

16 USC 497c.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4183

(B) 2.5 percent for adjusted gross revenue between $3,000,000 and $15,000,000;

(C) 2.75 percent for adjusted gross revenue between $15,000,000 and $50,000,000; and

(D) 4.0 percent for the amount of adjusted gross revenue that exceeds $50,000,000.

Utilizing the abbreviations indicated in this subsection the ski

area permit fee (SAPF) formula can be simply illustrated as:

SAPF = ((LT + SS) × STFP) + GRAF = AGR; AGR × % BRACKETS

(2) In cases where ski areas are only partially located on

national forest lands, the slope transport feet percentage on national

forest land referred to in subsection (b) shall be calculated as

generally described in the Forest Service Manual in effect as of

January 1, 1992. Revenues from Nordic ski operations shall be

included or excluded from the rental charge calculation according

to the percentage of trails physically located on national forest

land.

(3) In order to ensure that the rental charge remains fair

and equitable to both the United States and the ski area permittees,

the adjusted gross revenue figures for each revenue bracket in

paragraph (1) shall be adjusted annually by the percent increase

or decrease in the national Consumer Price Index for the preceding

calendar year. No later than 3 years after the date of enactment

of this Act and every 5 years thereafter the Secretary shall submit

to the Committee on Energy and Natural Resources of the United

States Senate and the Committee on Resources of the United States

House of Representatives a report analyzing whether the ski area

permit rental charge legislated by this Act is returning a fair

market value rental to the United States together with any

recommendations the Secretary may have for modifications of the

system.

(c) The rental charge set forth in subsection (b) shall be due

on June 1 of each year and shall be paid or prepaid by the permittee

on a monthly, quarterly, annual or other schedule as determined

appropriate by the Secretary in consultation with the permittee.

Unless mutually agreed otherwise by the Secretary and the

permittee, the payment or prepayment schedule shall conform to

the permittee’s schedule in effect prior to enactment of this Act.

To reduce costs to the permittee and the Forest Service, the Secretary shall each year provide the permittee with a standardized

form and worksheets (including annual rental charge calculation

brackets and rates) to be used for rental charge calculation and

submitted with the rental charge payment. Information provided

on such forms shall be compiled by the Secretary annually and

kept in the Office of the Chief, United States Forest Service.

(d) The ski area permit rental charge set forth in this section

shall become effective on June 1, 1996 and cover receipts retroactive

to June 1, 1995: Provided, That if a permittee has paid rental

charges for the period June 1, 1995, to June 1, 1996, under the

graduated rate rental charge system formula in effect prior to

the date of enactment of this Act, such rental charges shall be

credited toward the new rental charge due on June 1, 1996. In

order to ensure increasing rental charge receipt levels to the United

States during transition from the graduated rate rental charge

system formula to the formula of this Act, the rental charge paid

by any individual permittee shall be—

Reports.
110 STAT. 4184 PUBLIC LAW 104–333—NOV. 12, 1996

(1) for the 1995–1996 permit year, either the rental charge

paid for the preceding 1994–1995 base year or the rental charge

calculated pursuant to this Act, whichever is higher;

(2) for the 1996–1997 permit year, either the rental charge

paid for the 1994–1995 base year or the rental charge calculated

pursuant to this Act, whichever is higher; and

(3) for the 1997–1998 permit year, either the rental charge

for the 1994–1995 base year or the rental charge calculated

pursuant to this Act, whichever is higher.

If an individual permittee’s adjusted gross revenue for the 1995–

1996, 1996–1997, or 1997–1998 permit years falls more than 10

percent below the 1994–1995 base year, the rental charge paid

shall be the rental charge calculated pursuant to this Act.

(e) Under no circumstances shall revenue, or subpermittee

revenue (other than lift ticket, area use pass, or ski school sales)

obtained from operations physically located on non-national forest

land be included in the ski area permit rental charge calculation.

(f) To reduce administrative costs of ski area permittees and

the Forest Service the terms ‘‘revenue’’ and ‘‘sales’’, as used in

this section, shall mean actual income from sales and shall not

include sales of operating equipment, refunds, rent paid to the

permittee by sublessees, sponsor contributions to special events

or any amounts attributable to employee gratuities or employee

lift tickets, discounts, or other goods or services (except for bartered

goods and complimentary lift tickets) for which the permittee does

not receive money.

(g) In cases where an area of national forest land is under

a ski area permit but the permittee does not have revenue or

sales qualifying for rental charge payment pursuant to subsection

(a), the permittee shall pay an annual minimum rental charge

of $2 for each national forest acre under permit or a percentage

of appraised land value, as determined appropriate by the Secretary.

(h) Where the new rental charge provided for in subsection

(b)(1) results in an increase in permit rental charge greater than

one-half of 1 percent of the permittee’s adjusted gross revenue

as determined under subsection (b)(1), the new rental charge shall

be phased in over a five-year period in a manner providing for

increases of approximately equal increments.

(i) To reduce Federal costs in administering the provisions

of this Act, the reissuance of a ski area permit to provide activities

similar in nature and amount to the activities provided under

the previous permit shall not constitute a major Federal action

for the purposes of the National Environmental Policy Act of 1969

(42 U.S.C. 4331 et seq.).

(j) Subject to valid existing rights, all lands located within

the boundaries of ski area permits issued prior to, on or after

the date of enactment of this Act pursuant to authority of the

Act of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497),

and the Act of June 4, 1897, or the National Forest Ski Area

Permit Act of 1986 (16 U.S.C. 497b) are hereby and henceforth

automatically withdrawn from all forms of appropriation under

the mining laws and from disposition under all laws pertaining

to mineral and geothermal leasing and all amendments thereto.

Such withdrawal shall continue for the full term of the permit

and any modification, reissuance, or renewal thereof. Unless the

Secretary requests otherwise of the Secretary of the Interior, such

withdrawal shall be canceled automatically upon expiration or other
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4185

termination of the permit and the land automatically restored to

all appropriation not otherwise restricted under the public land

laws.

SEC. 702. DELAWARE WATER GAP.

(a) IN GENERAL.—Effective at noon on September 30, 2005,

the use of Highway 209 within Delaware Water Gap National

Recreation Area by commercial vehicles, when such use is not

connected with the operation of the recreation area, is prohibited,

except as provided in subsection (b).

(b) LOCAL BUSINESS USE PROTECTED.—Subsection (a) does not

apply with respect to the use of commercial vehicles to serve

businesses located within or in the vicinity of the recreation area,

as determined by the Secretary.

(c) CONFORMING PROVISIONS.— (1) Paragraphs (1) through (3) of the third undesignated

paragraph under the heading ‘‘ADMINISTRATIVE PROVISIONS’’ in chapter VII of title I of Public Law 98–63 (97

Stat. 329) are repealed, effective September 30, 2005.

(2) Prior to noon on September 30, 2005, the Secretary

shall collect and utilize a commercial use fee from commercial

vehicles in accordance with paragraphs (1) through (3) of such

third undesignated paragraph. Such fee shall not exceed $25

per trip.

SEC. 703. GLACIER BAY NATIONAL PARK.

Section 3(g) of Public Law 91–383 (16 U.S.C. 1a–2(g)) is

amended by: striking ‘‘and park programs’’ and inserting the following at the end: ‘‘Sixty percent of the fees paid by permittees for

the privilege of entering into Glacier Bay for the period beginning

on the first full fiscal year following the date of enactment of

this sentence shall be deposited into a special account and that

such funds shall be available—

‘‘(1) to the extent determined necessary, to acquire and

preposition necessary and adequate emergency response equipment to prevent harm or the threat of harm to aquatic park

resources from permittees; and

‘‘(2) to conduct investigations to quantify any effect of

permittees’ activity on wildlife and other natural resource

values of Glacier Bay National Park. The investigations provided for in this subsection shall be designed to provide information of value to the Secretary, in determining any appropriate

limitations on permittees’ activity in Glacier Bay. The Secretary

may not impose any additional permittee operating conditions

in the areas of air, water, and oil pollution beyond those determined and enforced by other appropriate agencies. When

competitively awarding permits to enter Glacier Bay, the

Secretary may take into account the relative impact particular

permittees will have on park values and resources, provided

that no operating conditions or limitations relating to noise

abatement shall be imposed unless the Secretary determines,

based on the weight of the evidence from all available studies

including verifiable scientific information from the investigations provided for in this subsection, that such limitations

or conditions are necessary to protect park values and

resources. Fees paid by certain permittees for the privilege

of entering into Glacier Bay shall not exceed $5 per passenger.

For the purposes of this subsection, ‘certain permittee’ shall

Effective date.
110 STAT. 4186 PUBLIC LAW 104–333—NOV. 12, 1996

mean a permittee which provides overnight accommodations

for at least 500 passengers for an itinerary of at least 3 nights,

and ‘permittee’ shall mean a concessionaire providing visitor

services within Glacier Bay. Nothing in this subsection

authorizes the Secretary to require additional categories of

permits in, or otherwise increase the number of permits to

enter Glacier Bay National Park.’’.

TITLE VIII—MISCELLANEOUS ADMINISTRATIVE AND MANAGEMENT PROVISIONS

SEC. 801. LIMITATION ON PARK BUILDINGS.

The 10th undesignated paragraph (relating to a limitation on

the expenditure of funds for park buildings) under the heading

‘‘MISCELLANEOUS OBJECTS, DEPARTMENT OF THE

INTERIOR’’, which appears under the heading ‘‘UNDER THE

DEPARTMENT OF THE INTERIOR’’, as contained in the first

section of the Act of August 24, 1912 (37 Stat. 460), as amended

(16 U.S.C. 451), is hereby repealed.

SEC. 802. APPROPRIATIONS FOR TRANSPORTATION OF CHILDREN.

The first section of the Act of August 7, 1946 (16 U.S.C.

17j–2), is amended by adding at the end the following:

‘‘(j) Provide transportation for children in nearby communities

to and from any unit of the National Park System used in connection

with organized recreation and interpretive programs of the National

Park Service.’’.

SEC. 803. FERAL BURROS AND HORSES.

(a) VEHICLES AND AIRCRAFT.—Section 9 of the Act of December

15, 1971 (16 U.S.C. 1338a), is amended by adding at the end

thereof the following: ‘‘Nothing in this title shall be deemed to

limit the authority of the Secretary in the management of units

of the National Park System, and the Secretary may, without

regard either to the provisions of this title, or the provisions of

section 47(a) of title 18, United States Code, use motor vehicles,

fixed-wing aircraft, or helicopters, or to contract for such use, in

furtherance of the management of the National Park System, and

section 47(a) of title 18, United States Code, shall be applicable

to such use.’’.

(b) OZARK NATIONAL SCENIC RIVERWAYS.—Section 7 of the Act

entitled ‘‘An Act to provide for the establishment of the Ozark

National Scenic Riverways in the State of Missouri, and for other

purposes’’, approved August 27, 1964 (16 U.S.C. 460m–6), is

amended to read as follows:

‘‘SEC. 7. (a) The Secretary, in accordance with this section,

shall allow free-roaming horses in the Ozark National Scenic

Riverways. Within 180 days after enactment of this section, the

Secretary shall enter into an agreement with the Missouri Wild

Horse League or another qualified nonprofit entity to provide for

management of free-roaming horses. The agreement shall provide

for cost-effective management of the horses and limit Federal

expenditures to the costs of monitoring the agreement. The Secretary shall issue permits for adequate pastures to accommodate

Contracts.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4187

the historic population level of the free-roaming horse herd, which

shall be not less than the number of horses in existence on the

date of the enactment of this section nor more than 50.

‘‘(b) The Secretary may not remove, or assist in, or permit

the removal of any free-roaming horses from Federal lands within

the boundary of the Ozark National Scenic Riverways unless—

‘‘(1) the entity with whom the Secretary has entered into

the agreement under subsection (a), following notice and a

90-day response period, substantially fails to meet the terms

and conditions of the agreement;

‘‘(2) the number of free-roaming horses exceeds 50; or

‘‘(3) in the case of an emergency or to protect public health

and safety, as defined in the agreement.

‘‘(c) Nothing in this section shall be construed as creating

liability for the United States for any damages caused by the

free-roaming horses to property located inside or outside the boundaries of the Ozark National Scenic Riverways.’’.

SEC. 804. AUTHORITIES OF THE SECRETARY OF THE INTERIOR

RELATING TO MUSEUMS.

(a) FUNCTIONS.—The Act entitled ‘‘An Act to increase the public

benefits from the National Park System by facilitating the management of museum properties relating thereto, and for other purposes’’

approved July 1, 1955 (16 U.S.C. 18f), is amended—

(1) in subsection (b) of the first section, by striking out

‘‘from such donations and bequests of money’’; and

(2) by adding at the end thereof the following:

‘‘SEC. 2. ADDITIONAL FUNCTIONS.

‘‘(a) MUSEUM OBJECTS AND COLLECTIONS.—In addition to the

functions specified in the first section of this Act, the Secretary

of the Interior may perform the following functions in such manner

as he shall consider to be in the public interest:

‘‘(1) Transfer museum objects and museum collections that

the Secretary determines are no longer needed for museum

purposes to qualified Federal agencies, including the Smithsonian Institution, that have programs to preserve and interpret

cultural or natural heritage, and accept the transfer of museum

objects and museum collections for the purposes of this Act

from any other Federal agency, without reimbursement. The

head of any other Federal agency may transfer, without

reimbursement, museum objects and museum collections

directly to the administrative jurisdiction of the Secretary of

the Interior for the purpose of this Act.

‘‘(2) Convey museum objects and museum collections that

the Secretary determines are no longer needed for museum

purposes, without monetary consideration but subject to such

terms and conditions as the Secretary deems necessary, to

private institutions exempt from Federal taxation under section

501(c)(3) of the Internal Revenue Code of 1986 and to nonFederal governmental entities if the Secretary determines that

the recipient is dedicated to the preservation and interpretation

of natural or cultural heritage and is qualified to manage

the property, prior to any conveyance under this subsection.

‘‘(3) Destroy or cause to be destroyed museum objects and

museum collections that the Secretary determines to have no

scientific, cultural, historic, educational, esthetic, or monetary

value.

16 USC 18f–2.
110 STAT. 4188 PUBLIC LAW 104–333—NOV. 12, 1996

‘‘(b) REVIEW AND APPROVAL.—The Secretary shall ensure that

museum collections are treated in a careful and deliberate manner

that protects the public interest. Prior to taking any action under

subsection (a), the Secretary shall establish a systematic review

and approval process, including consultation with appropriate

experts, that meets the highest standards of the museum profession

for all actions taken under this section.’’.

(b) APPLICATION AND DEFINITIONS.—The Act entitled ‘‘An Act

to increase the public benefits from the National Park System

by facilitating the management of museum properties relating

thereto, and for other purposes’’ approved July 1, 1955 (16 U.S.C.

18f), as amended by subsection (a), is further amended by adding

the following after section 2:

‘‘SEC. 3. APPLICATION AND DEFINITIONS.

‘‘(a) APPLICATION.—Authorities in this Act shall be available

to the Secretary of the Interior with regard to museum objects

and museum collections that were under the administrative jurisdiction of the Secretary for the purposes of the National Park System

before the date of enactment of this section as well as those museum

objects and museum collections that may be acquired on or after

such date.

‘‘(b) DEFINITION.—For the purposes of this Act, the terms

‘museum objects’ and ‘museum collections’ mean objects that are

eligible to be or are made part of a museum, library, or archive

collection through a formal procedure, such as accessioning. Such

objects are usually movable and include but are not limited to

prehistoric and historic artifacts, works of art, books, documents,

photographs, and natural history specimens.’’.

SEC. 805. VOLUNTEERS IN PARKS INCREASE.

Section 4 of the Volunteers in the Parks Act of 1969 (16 U.S.C.

18j) is amended by striking out ‘‘$1,000,000’’ and inserting in lieu

thereof ‘‘$3,500,000’’.

SEC. 806. CARL GARNER FEDERAL LANDS CLEANUP DAY.

The Federal Lands Cleanup Act of 1985 (36 U.S.C. 169i–

169–1) is amended by striking the terms ‘‘Federal Lands Cleanup

Day’’ each place it appears and inserting ‘‘Carl Garner Federal

Lands Cleanup Day’’.

SEC. 807. FORT PULASKI NATIONAL MONUMENT, GEORGIA.

Section 4 of the Act of June 26, 1936 (ch. 844; 49 Stat. 1979),

is amended by striking ‘‘: Provided, That’’ and all that follows

and inserting a period.

SEC. 808. LAURA C. HUDSON VISITOR CENTER.

(a) DESIGNATION.—The visitor center at Jean Lafitte National

Historical Park, located at 419 Rue Decatur in New Orleans,

Louisiana, is hereby designated as the ‘‘Laura C. Hudson Visitor

Center’’.

(b) LEGAL REFERENCES.—Any reference in any law, regulation,

paper, record, map, or any other document of the United States

to the visitor center referred to in subsection (a) shall be deemed

to be a reference to the ‘‘Laura C. Hudson Visitor Center’’.

16 USC 230 note.

16 USC 431 note.

36 USC 169i,

169i–1.

16 USC 18f–3.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4189

SEC. 809. ROBERT J. LAGOMARSINO VISITOR CENTER.

(a) DESIGNATION.—The visitor center at the Channel Islands

National Park, California, is designated as the ‘‘Robert J.

Lagomarsino Visitor Center’’.

(b) LEGAL REFERENCES.—Any reference in any law, regulation,

document, record, map, or other document of the United States

to the visitor center referred to in section 301 is deemed to be

a reference to the ‘‘Robert J. Lagomarsino Visitor Center’’.

SEC. 810. EXPENDITURE OF FUNDS OUTSIDE AUTHORIZED BOUNDARY

OF ROCKY MOUNTAIN NATIONAL PARK.

The Secretary of the Interior is authorized to collect and expend

donated funds and expend appropriated funds for the operation

and maintenance of a visitor center to be constructed for visitors

to and administration of Rocky Mountain National Park with

private funds on privately owned lands located outside the boundary

of the park.

SEC. 811. DAYTON AVIATION.

Section 201(b) of the Dayton Aviation Heritage Preservation

Act of 1992 (Public Law 102–419, approved October 16, 1992),

is amended as follows:

(1) In paragraph (2), by striking ‘‘from recommendations’’

and inserting ‘‘after consideration of recommendations’’.

(2) In paragraph (4), by striking ‘‘from recommendations’’

and inserting ‘‘after consideration of recommendations’’.

(3) In paragraph (5), by striking ‘‘from recommendations’’

and inserting ‘‘after consideration of recommendations’’.

(4) In paragraph (6), by striking ‘‘from recommendations’’

and inserting ‘‘after consideration of recommendations’’.

(5) In paragraph (7), by striking ‘‘from recommendations’’

and inserting ‘‘after consideration of recommendations’’.

SEC. 812. PROHIBITION ON CERTAIN TRANSFERS OF NATIONAL

FOREST LANDS.

After the date of the enactment of this Act the Secretary

of Agriculture shall not transfer (by exchange or otherwise) any

lands owned by the United States and managed by the Secretary

as part of the Angeles National Forest to any person unless the

instrument of conveyance contains a restriction, enforceable by

the Secretary, on the future use of such land prohibiting the use

of any portion of such land as a solid waste landfill. Such restriction

shall be promptly enforced by the Secretary when and if a violation

of the restriction occurs.

SEC. 813. GRAND LAKE CEMETERY.

(a) AGREEMENT.—Notwithstanding any other law, not later

than 6 months after the date of enactment of this Act, the Secretary

of the Interior shall enter into an appropriate form of agreement

with the town of Grand Lake, Colorado, authorizing the town to

maintain permanently, under appropriate terms and conditions,

a cemetery within the boundaries of the Rocky Mountain National

Park.

(b) CEMETERY BOUNDARIES.—The cemetery shall be comprised

of approximately 5 acres of land, as generally depicted on the

map entitled ‘‘Grand Lake Cemetery’’ and dated February 1995.

(c) AVAILABILITY FOR PUBLIC INSPECTION.—The Secretary of

the Interior shall place the map described in subsection (b) on

16 USC

410ww–21.

16 USC 195 note.

16 USC 410ff

note.
110 STAT. 4190 PUBLIC LAW 104–333—NOV. 12, 1996

file, and make the map available for public inspection, in the

headquarters office of the Rocky Mountain National Park.

(d) LIMITATION.—The cemetery shall not be extended beyond

the boundaries of the cemetery shown on the map described in

subsection (b).

SEC. 814. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM.

(a) NATIONAL PARK SERVICE HOUSING IMPROVEMENT.—

(1) PURPOSES.—The purposes of this section are—

(A) to develop where necessary an adequate supply

of quality housing units for field employees of the National

Park Service within a reasonable time frame;

(B) to expand the alternatives available for construction and repair of essential Government housing;

(C) to rely on the private sector to finance or supply

housing in carrying out this section, to the maximum extent

possible, in order to reduce the need for Federal appropriations;

(D) to ensure that adequate funds are available to

provide for long-term maintenance needs of field employee

housing; and

(E) to eliminate unnecessary Government housing and

locate such housing as is required in a manner such that

primary resource values are not impaired.

(2) GENERAL AUTHORITY.—To enhance the ability of the

Secretary of the Interior (hereafter in this subsection referred

to as ‘‘the Secretary’’), acting through the Director of the

National Park Service, to effectively manage units of the

National Park System, the Secretary is authorized where necessary and justified to make available employee housing, on

or off the lands under the administrative jurisdiction of the

National Park Service, and to rent or lease such housing to

field employees of the National Park Service at rates based

on the reasonable value of the housing in accordance with

requirements applicable under section 5911 of title 5, United

States Code.

(3) REVIEW AND REVISION OF HOUSING CRITERIA.—Upon

the enactment of this Act, the Secretary shall review and revise

the existing criteria under which housing is provided to employees of the National Park Service. Specifically, the Secretary

shall examine the existing criteria with respect to what circumstances the National Park Service requires an employee

to occupy Government quarters to provide necessary services,

protect Government property, or because of a lack of availability

of non-Federal housing in the geographic area.

(4) SUBMISSION OF REPORT.—A report detailing the results

of the revisions required by paragraph (3) shall be submitted

to the Committee on Resources of the House of Representatives

and the Committee on Energy and Natural Resources of the

Senate not later than 180 days after the date of the enactment

of this Act. The report shall include justifications for keeping,

or for changing, each of the criteria or factors used by the

Department of the Interior with regard to the provision of

housing to employees of the National Park Service.

(5) REVIEW OF CONDITION OF AND COSTS RELATING TO

HOUSING.—Using the revised criteria developed under paragraph (3), the Secretary shall undertake a review, for each

16 USC 17o.

note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4191

unit of the National Park System, of existing governmentowned housing provided to employees of the National Park

Service. The review shall include an assessment of the physical

condition of such housing and the suitability of such housing

to effectively carry out the missions of the Department of the

Interior and the National Park Service. For each unit of such

housing, the Secretary shall determine whether the unit is

needed and justified. The review shall include estimates of

the cost of bringing each unit that is needed and justified

into usable condition that meets all applicable legal housing

requirements or, if the unit is determined to be obsolete but

is still warranted to carry out the missions of the Department

of the Interior and the National Park Service, the cost of

replacing the unit.

(6) AUTHORIZATION FOR HOUSING AGREEMENTS.—For those

units of the National Park System for which the review required

by paragraphs (3) and (5) has been completed, the Secretary

is authorized, pursuant to the authorities contained in this

subsection and subject to the appropriation of necessary funds

in advance, to enter into housing agreements with housing

entities under which such housing entities may develop, construct, rehabilitate, or manage housing, located on or off public

lands, for rent or lease to National Park Service employees

who meet the housing eligibility criteria developed by the

Secretary pursuant to this Act.

(7) JOINT PUBLIC-PRIVATE SECTOR HOUSING PROGRAMS.—

(A) LEASE TO BUILD PROGRAM.—Subject to the appropriation of necessary funds in advance, the Secretary may—

(i) lease Federal land and interests in land to

qualified persons for the construction of field employee

quarters for any period not to exceed 50 years; and

(ii) lease developed and undeveloped non-Federal

land for providing field employee quarters.

(B) COMPTETITIVE LEASING.—Each lease under

subparagraph (A)(i) shall be awarded through the use of

publicly advertised, competitively bid, or competitively

negotiated contracting procedures.

(C) TERMS AND CONDITIONS.—Each lease under

subparagraph (A)(i)—

(i) shall stipulate whether operation and maintenance of field employee quarters is to be provided

by the lessee, field employees or the Federal Government;

(ii) shall require that the construction and

rehabilitation of field employee quarters be done in

accordance with the requirements of the National Park

Service and local applicable building codes and industry standards;

(iii) shall contain such additional terms and conditions as may be appropriate to protect the Federal

interest, including limits on rents the lessee may

charge field employees for the occupancy of quarters,

conditions on maintenance and repairs, and agreements on the provision of charges for utilities and

other infrastructure; and

(iv) may be granted at less than fair market value

if the Secretary determines that such lease will
110 STAT. 4192 PUBLIC LAW 104–333—NOV. 12, 1996

improve the quality and availability of field employee

quarters available.

(D) CONTRIBUTIONS BY UNITED STATES.—The Secretary

may make payments, subject to appropriations, or contributions in kind either in advance of or on a continuing basis

to reduce the costs of planning, construction, or rehabilitation of quarters on or off Federal lands under a lease

under this paragraph.

(8) RENTAL GUARANTEE PROGRAM.—

(A) GENERAL AUTHORITY.—Subject to the appropriation

of necessary funds in advance, the Secretary may enter

into a lease to build arrangement as set forth in paragraph

(7) with further agreement to guarantee the occupancy

of field employee quarters constructed or rehabilitated

under such lease. A guarantee made under this paragraph

shall be in writing.

(B) LIMITATIONS.—The Secretary may not guarantee—

(i) the occupancy of more than 75 percent of the

units constructed or rehabilitated under such lease;

and

(ii) at a rental rate that exceeds the rate based

on the reasonable value of the housing in accordance

with requirements applicable under section 5911 of

title 5, United States Code.

In no event shall outstanding guarantees be in excess

of $3,000,000,

(C) RENTAL TO GOVERNMENT EMPLOYEES.—A guarantee

may be made under this subsection only if the lessee agrees

to permit the Secretary to utilize for housing purposes

any units for which the guarantee is made

(D) FAILURE TO MAINTAIN A SATISFACTORY LEVEL OF

OPERATION AND MAINTENANCE.—The lease shall be null

and void if the lessee fails to maintain a satisfactory level

of operation and maintenance.

(9) JOINT DEVELOPMENT AUTHORITY.—The Secretary may

use authorities granted by statue in combination with one

another in the furtherance of providing where necessary and

justified affordable field employee housing.

(10) CONTRACTS FOR THE MANAGEMENT OF FIELD EMPLOYEE

QUARTERS.—

(A) GENERAL AUTHORITY.—Subject to the appropriation

of necessary funds in advance, the Secretary may enter

into contracts of any duration for the management, repair,

and maintenance of field employee quarters.

(B) TERMS AND CONDITIONS.—Any such contract shall

contain such terms and conditions as the Secretary deems

necessary or appropriate to protect the interests of the

United States and assure that necessary quarters are available to field employees.

(11) LEASING OF SEASONAL EMPLOYEE QUARTERS.—

(A) GENERAL AUTHORITY.—Subject to subparagraph

(B), the Secretary may lease quarters at or near a unit

of the national park system for use as seasonal quarters

for field employees. The rent charged to field employees

under such a lease shall be a rate based on the reasonable

value of the quarters in accordance with requirements
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4193

applicable under section 5911 of title 5, United States

Code.

(B) LIMITATION.—The Secretary may only issue a lease

under subparagraph (A) if the Secretary finds that there

is a shortage of adequate and affordable seasonal quarters

at or near such unit and that—

(i) the requirement for such seasonal field

employee quarters is temporary; or

(ii) leasing would be more cost effective than

construction of new seasonal field employee quarters.

(C) UNRECOVERED COSTS.—The Secretary may pay the

unrecovered costs of leasing seasonal quarters under this

paragraph from annual appropriations for the year in which

such lease is made.

(12) SURVEY OF EXISTING FACILITIES.—The Secretary

shall—

(A) complete a condition assessment for all field

employee housing, including the physical condition of such

housing and the necessity and suitability of such housing

for carrying out the agency mission, using existing information; and

(B) develop an agency-wide priority listing, by structure, identifying those units in greatest need for repair,

rehabilitation, replacement, or initial construction.

(13) USE OF HOUSING-RELATED FUNDS.—Expenditure of any

funds authorized and appropriated for new construction, repair,

or rehabilitation of housing under this section shall follow

the housing priority listing established by the agency under

paragraph (13), in sequential order, to the maximum extent

practicable.

(14) ANNUAL BUDGET SUBMITTAL.—The President’s proposed budget to Congress for the first fiscal year beginning

after enactment of this Act, and for each subsequent fiscal

year, shall include identification of nonconstruction funds to

be spent for National Park Service housing maintenance and

operations which are in addition to rental receipts collected.

(15) STUDY OF HOUSING ALLOWANCES.—Within 12 months

after the date of enactment of this Act, the Secretary shall

conduct a study to determine the feasibility of providing eligible

employees of the National Park Service with housing allowances

rather than Government housing. The study shall specifically

examine the feasibility of providing rental allowances to temporary and lower paid permanent employees. Whenever the

Secretary submits a copy of such study to the Office of Management and Budget, he shall concurrently transmit copies of

the report to the Resources Committee of the United States

House of Representatives and the Committee on Energy and

Natural Resources of the United States Senate.

(16) STUDY OF SALE OF EMPLOYEE HOUSING.—Within 18

months of the date of the enactment of the Act, the Secretary

shall complete a study of the sale of Government quarters

to a cooperative consisting of field employees. The Secretary

shall examine the potential benefits to the Government as

well as the employees and any risks associated with such

a program.

(17) GENERAL PROVISIONS.—
110 STAT. 4194 PUBLIC LAW 104–333—NOV. 12, 1996

(A) CONSTRUCTION LIMITATIONS ON FEDERAL LANDS.— The Secretary may not utilize any lands for the purposes

of providing field employee housing under this section

which will impact primary resource values of the area

or adversely affect the mission of the agency.

(B) RENTAL RATES.—To the extent practicable, the

Secretary shall establish rental rates for all quarters occupied by field employees of the National Park Service that

are based on the reasonable value of the quarters in accordance with requirements applicable under section 5911 of

title 5, United States Code.

(C) EXEMPTION FROM LEASING REQUIREMENTS.—The

provisions of section 5 of the Act of July 15, 1968 (82

Stat. 354, 356; 16 U.S.C. 460l–22), and section 321 of

the Act of June 30, 1932 (40 U.S.C. 303b; 47 Stat. 412),

shall not apply to leases issued by the Secretary under

this section.

(18) PROCEEDS.—The proceeds from any lease under paragraph (7)(A)(i)(I), any lease under paragraph (11)(B), and any

lease of seasonal quarters under subsection (l), shall be retained

by the National Park Service. Such proceeds shall be deposited

into the special fund established for maintenance and operation

of quarters.

(19) DEFINITIONS.—For purposes of this subsection:

(A) The term ‘‘field employee’’ means—

(i) an employee of the National Park Service who

is exclusively assigned by the National Park Service

to perform duties at a field unit, and the members

of their family; and

(ii) other individuals who are authorized to occupy

Government quarters under section 5911 of title 5,

United States Code, and for whom there is no feasible

alternative to the provision of Government housing,

and the members of their family.

(B) The term ‘‘land management agency’’ means the

National Park Service, Department of the Interior.

(C) The term ‘‘primary resource values’’ means

resources which are specifically mentioned in the enabling

legislation for that field unit or other resource value

recognized under Federal statute.

(D) The term ‘‘quarters’’ means quarters owned or

leased by the Government.

(E) The term ‘‘seasonal quarters’’ means quarters

typically occupied by field employees who are hired on

assignments of 6 months or less.

(b) MINOR BOUNDARY REVISION AUTHORITY.—Section 7(c) of

the Land and Water Conservation Fund Act of 1965 (16 U.S.C.

460l–9(c)) is amended as follows:

(1) In the first sentence, by striking ‘‘Committee on

Natural’’ and inserting ‘‘Committee on’’.

(2)(A) By striking ‘‘: Provided, however,’’ and all that follows

through ‘‘1965’’; and

(B) by inserting ‘‘(1)’’ after ‘‘(c)’’ and by inserting at the

end the following:

‘‘(2) For the purposes of clause (i) of paragraph (1), in all

cases except the case of technical boundary revisions (resulting

from such causes as survey error or changed road alignments),
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4195

the authority of the Secretary under such clause (i) shall apply

only if each of the following conditions is met:

‘‘(A) The sum of the total acreage of lands, waters, and

interests therein to be added to the area and the total such

acreage to be deleted from the area is not more than 5 percent

of the total Federal acreage authorized to be included in the

area and is less than 200 acres in size.

‘‘(B) The acquisition, if any, is not a major Federal action

significantly affecting the quality of the human environment,

as determined by the Secretary.

‘‘(C) The sum of the total appraised value of the lands,

water, and interest therein to be added to the area and the

total appraised value of the lands, waters, and interests therein

to be deleted from the area does not exceed $750,000.

‘‘(D) The proposed boundary revision is not an element

of a more comprehensive boundary modification proposal.

‘‘(E) The proposed boundary has been subject to a public

review and comment period.

‘‘(F) The Director of the National Park Service obtains

written consent for the boundary modification from all property

owners whose lands, water, or interests therein, or a portion

of whose lands, water, or interests therein, will be added to

or deleted from the area by the boundary modification.

‘‘(G) The lands are adjacent to other Federal lands administered by the Director of the National Park Service.

‘‘Minor boundary revisions involving only deletions of acreage owned

by the Federal Government and administered by the National Park

Service may be made only by Act of Congress.’’.

(c) AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED

OUTSIDE THE BOUNDARIES OF ZION NATIONAL PARK.—In order to

facilitate the administration of Zion National Park, the Secretary

of the Interior is authorized, under such terms and conditions

as he may deem advisable, to expend donated or appropriated

funds for the establishment of essential facilities for park administration and visitor use outside the boundaries, but within the

vicinity, of the park. Such facilities and the use thereof shall be

in conformity with approved plans for the park. The Secretary

shall use existing facilities wherever feasible. Such facilities may

only be constructed by the Secretary upon a finding that the location

of such facilities would—

(1) avoid undue degradation of natural or cultural resources

within the park;

(2) enhance service to the public; or

(3) provide a cost saving to the Federal Government.

The Secretary is authorized to enter into cooperative agreements

with State or local governments or private entities to undertake

the authority granted under this subsection. The Secretary is

encouraged to identify and utilize funding sources to supplement

any Federal funding used for these facilities.

(d) ELIMINATION OF UNNECESSARY CONGRESSIONAL REPORTING

REQUIREMENTS.—

(1) REPEALS.—The following provisions are hereby repealed:

(A) Section 302(c) of the Act entitled ‘‘An Act to authorize the establishment of the Chattahoochee River National

Recreation Area in the State of Georgia, and for other

purposes (Public Law 95–344; 92 Stat. 478; 16 U.S.C.

2302(c)).

Contracts.

16 USC 346e.
110 STAT. 4196 PUBLIC LAW 104–333—NOV. 12, 1996

(B) Section 503 of the Act of December 19, 1980 (Public

Law 96–550; 94 Stat. 3228; 16 U.S.C. 410ii–2).

(C) Subsections (b) and (c) of section 4 of the Act

of October 15, 1982 (Public Law 97–335; 96 Stat. 1628;

16 U.S.C. 341 note).

(D) Section 7 of Public Law 89–671 (96 Stat. 1457;

16 U.S.C. 284f).

(E) Section 3(c) of the National Trails System Act

(Public Law 90–543; 82 Stat. 919; 16 U.S.C. 1242(c)).

(F) Section 4(b) of the Act of October 24, 1984 (Public

Law 98–540; 98 Stat. 2720; 16 U.S.C. 1a–8).

(G) Section 106(b) of the National Visitor Center Facilities Act of 1968 (Public Law 90–264; 82 Stat. 44; 40 U.S.C.

805(b)).

(H) Section 6(f)(7) of the Act of September 3, 1964

(Public Law 88–578; 78 Stat. 900; 16 U.S.C. 460l–8(f)(7)).

(I) Subsection (b) of section 8 of the Act of August

18, 1970 (Public Law 91–383; 90 Stat. 1940; 16 U.S.C.

1a–5(b)).

(J) The last sentence of section 10(a)(2) of the National

Trails System Act (Public Law 90–543; 82 Stat. 926; 16

U.S.C. 1249(a)(2)).

(K) Section 4 of the Act of October 31, 1988 (Public

Law 100–573; Stat. 2891; 16 U.S.C. 460o note).

(L) Section 104(b) of the Act of November 19, 1988

(Public Law 100–698; 102 Stat. 4621).

(M) Section 1015(b) of the Urban Park and Recreation

Recovery Act of 1978 (Public Law 95–625; 92 Stat. 3544;

16 U.S.C. 2514(b)).

(N) Section 105 of the Act of August 13, 1970 (Public

Law 91–378; 16 U.S.C. 1705).

(O) Section 307(b) of the National Historic Preservation

Act (Public Law 89–665; 16 U.S.C. 470w–6(b)).

(2) AMENDMENTS.—The following provisions are amended:

(A) Section 10 of the Archaeological Resources Protection Act of 1979, by striking the last sentence of subsection

(c) (Public Law 96–95; 16 U.S.C. 470ii(c)).

(B) Section 5(c) of the Act of June 27, 1960 (Public

Law 86–523; 16 U.S.C. 469a–3(c); 74 Stat. 220), by inserting a period after ‘‘Act’’ and striking ‘‘and shall submit’’

and all that follows.

(C) Section 7(a)(3) of the Act of September 3, 1964

(Public Law 88–578; 78 Stat. 903; 16 U.S.C. 460l–9(a)(3)),

by striking the last sentence.

(D) Section 111 of the Petroglyph National Monument

Establishment Act of 1990 (Public Law 101–313; 104 Stat.

278), by striking the second sentence.

(E) Section 307(a) of the National Historic Preservation

Act (Public Law 89–665; 16 U.S.C. 470w–6(a)) is amended

by striking the first and second sentences.

(F) Section 101(a)(1)(B) of the National Historic

Preservation Act (Public Law 89–665; 16 U.S.C. 470a) by

inserting a period after ‘‘Register’’ the last place such term

appears and by striking ‘‘and submitted’’ and all that

follows.

(e) SENATE CONFIRMATION OF THE DIRECTOR OF THE NATIONAL

PARK SERVICE.—

16 USC 431 note.

16 USC 461 note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4197

(1) IN GENERAL.—The first section of the Act entitled ‘‘An

Act to establish a National Park Service, and for other purposes’’, approved August 25, 1916 (39 Stat. 535; 16 U.S.C.

1; commonly referred to as the ‘‘National Park Service Organic

Act’’), is amended in the first sentence by striking ‘‘who shall

be appointed by the Secretary’’ and all that follows and

inserting ‘‘who shall be appointed by the President, by and

with the advice and consent of the Senate. The Director shall

have substantial experience and demonstrated competence in

land management and natural or cultural resource conservation. The Director shall select two Deputy Directors. The first

Deputy Director shall have responsibility for National Park

Service operations, and the second Deputy Director shall have

responsibility for other programs assigned to the National Park

Service.’’.

(2) EFFECTIVE DATE AND APPLICATION.—The amendment

made by subsection (a) shall take effect on February 1, 1997,

and shall apply with respect to the individual (if any) serving

as the Director of the National Park Service on that date.

(f) NATIONAL PARK SYSTEM ADVISORY BOARD AUTHORIZATION.—

(1) NATIONAL PARK SYSTEM ADVISORY BOARD.—Section 3

of the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463)

is amended as follows:

(A) In subsection (a) by striking the first 3 sentences

and inserting in lieu thereof: ‘‘There is hereby established

a National Park System Advisory Board, whose purpose

shall be to advise the Director of the National Park Service

on matters relating to the National Park Service, the

National Park System, and programs administered by the

National Park Service. The Board shall advise the Director

on matters submitted to the Board by the Director as

well as any other issues identified by the Board. Members

of the Board shall be appointed on a staggered term basis

by the Secretary for a term not to exceed 4 years and

shall serve at the pleasure of the Secretary. The Board

shall be comprised of no more than 12 persons, appointed

from among citizens of the United States having a demonstrated commitment to the mission of the National Park

Service. Board members shall be selected to represent various geographic regions, including each of the administrative regions of the National Park Service. At least 6 of

the members shall have outstanding expertise in 1 or more

of the following fields: history, archeology, anthropology,

historical or landscape architecture, biology, ecology, geology, marine science, or social science. At least 4 of the

members shall have outstanding expertise and prior experience in the management of national or State parks or

protected areas, or national or cultural resources management. The remaining members shall have outstanding

expertise in 1 or more of the areas described above or

in another professional or scientific discipline, such as

financial management, recreation use management, land

use planning or business management, important to the

mission of the National Park Service. At least 1 individual

shall be a locally elected official from an area adjacent

to a park. The Board shall hold its first meeting by no

later than 60 days after the date on which all members

16 USC 1 note.
110 STAT. 4198 PUBLIC LAW 104–333—NOV. 12, 1996

of the Advisory Board who are to be appointed have been

appointed. Any vacancy in the Board shall not affect its

powers, but shall be filled in the same manner in which

the original appointment was made. The Board may adopt

such rules as may be necessary to establish its procedures

and to govern the manner of its operations, organization,

and personnel. All members of the Board shall be

reimbursed for travel and per diem in lieu of subsistence

expenses during the performance of duties of the Board

while away from home or their regular place of business,

in accordance with subchapter 1 of chapter 57 of title

5, United States Code. With the exception of travel and

per diem as noted above, a member of the Board who

is otherwise an officer or employee of the United States

Government shall serve on the Board without additional

compensation.’’.

(B) By redesignating subsections (b) and (c) as (f) and

(g) and by striking from the first sentence of subsection

(f), as so redesignated ‘‘1995’’ and inserting in lieu thereof

‘‘2006’’.

(C) By adding the following new subsections after

subsection (a):

‘‘(b)(1) The Secretary is authorized to hire 2 full-time staffers

to meet the needs of the Advisory Board.

‘‘(2) Service of an individual as a member of the Board shall

not be considered as service or employment bringing such individual

within the provisions of any Federal law relating to conflicts of

interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance

of services, or the payment or receipt of compensation in connection

with claims, proceedings, or matters involving the United States.

Service as a member of the Board, or as an employee of the

Board, shall not be considered service in an appointive or elective

position in the Government for purposes of section 8344 of title

5, United States Code, or comparable provisions of Federal law.

‘‘(c)(1) Upon request of the Director, the Board is

authorized to—

‘‘(A) hold such hearings and sit and act at such times,

‘‘(B) take such testimony,

‘‘(C) have such printing and binding done,

‘‘(D) enter into such contracts and other arrangements.

‘‘(E) make such expenditures, and

‘‘(F) take such other actions, as the Board may deem

advisable. Any member of the Board may administer oaths

or affirmations to witnesses appearing before the Board.

‘‘(2) The Board may establish committees or subcommittees.

Any such subcommittees or committees shall be chaired by a voting

member of the Board.

‘‘(d) The provisions of the Federal Advisory Committee Act

shall apply to the Board established under this section with the

exception of section 14(b).

‘‘(e)(1) The Board is authorized to secure directly from any

office, department, agency, establishment, or instrumentality of the

Federal Government such information as the Board may require

for the purpose of this section, and each such officer, department,

agency, establishment, or instrumentality is authorized and directed

to furnish, to the extent permitted by law, such information, suggestions,
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4199

estimates, and statistics directly to the Board, upon request

made by a member of the Board.

‘‘(2) Upon the request of the Board, the head of any Federal

department, agency, or instrumentality is authorized to make any

of the facilities and services of such department, agency, or

instrumentality to the Board, on a nonreimbursable basis, to assist

the Board in carrying out its duties under this section.

‘‘(3) The Board may use the United States mails in the same

manner and under the same conditions as other departments and

agencies in the United States.’’.

(2) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to the National Park System

Advisory Board $200,000 per year to carry out the provisions

of section 3 of the Act of August 21, 1935 (49 Stat. 667;

16 U.S.C. 463).

(3) EFFECTIVE DATE.—This subsection shall take effect on

December 7, 1997.

(g) CHALLENGE COST-SHARE AGREEMENT AUTHORITY.—

(1) DEFINITIONS.—For purposes of this subsection:

(A) The term ‘‘challenge cost-share agreement’’ means

any agreement entered into between the Secretary and

any cooperator for the purpose of sharing costs or services

in carrying out authorized functions and responsibilities

of the Secretary of the Interior with respect to any unit

or program of the National Park System (as defined in

section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a))),

any affiliated area, or any designated National Scenic or

Historic Trail.

(B) The term ‘‘cooperator’’ means any State or local

government, public or private agency, organization, institution, corporation, individual, or other entity.

(2) CHALLENGE COST-SHARE AGREEMENTS.—The

Secretary of the Interior is authorized to negotiate and enter

into challenge cost-share agreements with cooperators.

(3) USE OF FEDERAL FUNDS.—In carrying out challenge

cost-share agreements, the Secretary of the Interior is authorized to provide the Federal funding share from any funds

available to the National Park Service.

(h) COST RECOVERY FOR DAMAGE TO NATIONAL PARK

RESOURCES.—Public Law 101–337 is amended as follows:

(1) In section 1 (16 U.S.C. 19jj), by amending subsection

(d) to read as follows:

‘‘(d) ‘Park system resource’ means any living or non-living

resource that is located within the boundaries of a unit of the

National Park System, except for resources owned by a non-Federal

entity.’’.

(2) In section 1 (16 U.S.C. 19jj) by adding at the end

thereof the following:

‘‘(g) ‘Marine or aquatic park system resource’ means any living

or non-living part of a marine or aquatic regimen within or is

a living part of a marine or aquatic regimen within the boundaries

of a unit of the National Park System, except for resources owned

by a non-Federal entity.’’.

(3) In section 2(b) (16 U.S.C. 19jj–1(b)), by inserting ‘‘any

marine or aquatic park resource’’ after ‘‘any park system

resource’’.

16 USC 1f.

16 USC 463 note.

16 USC 463 note.
110 STAT. 4200 PUBLIC LAW 104–333—NOV. 12, 1996

SEC. 815. WILLIAM B. SMULLIN VISITOR CENTER.

(a) DESIGNATION.—The Bureau of Land Management’s visitors

center in Rand, Oregon is hereby designated as the ‘‘William B.

Smullin Visitor Center’’.

(b) LEGAL REFERENCES.—Any reference in any law, regulation,

document, record, map, or other document of the United States

to the visitor center referred to in subsection (a) shall be deemed

to be a reference to the ‘‘William B. Smullin Visitor Center’’.

SEC. 816. CALUMET ECOLOGICAL PARK.

(a) FEASIBILITY STUDY.— (1) IN GENERAL.—Not later than 6 months after the date

of enactment of this Act, the Secretary of the Interior shall

conduct a study of the feasibility of establishing an urban

ecological park to be known as ‘‘Calumet Ecological Park’’,

in the Lake Calumet area situated between the Illinois and

Michigan Canal National Heritage Corridor and the Indiana

Dunes National Lakeshore.

(2) PARTICULARS OF STUDY.—The study under paragraph

(1) shall include consideration of the following:

(A) The suitability of establishing a park in the Lake

Calumet area that—

(i) conserves and protects the wealth of natural

resources threatened by development and pollution in

the Lake Calumet area; and

(ii) consists of a number of nonadjacent sites

forming green corridors between the Illinois and Michigan Canal National Heritage Corridor and the Indiana

Dunes National Lakeshore, that are based on the lakes

and waterways in the area.

(B) The long-term future use of the Lake Calumet

area.

(C) Ways in which a Calumet Ecological Park would—

(i) benefit and enhance the cultural, historical,

and natural resources of the Lake Calumet area; and

(ii) preserve natural lands and habitats in the

Lake Calumet area and northwest Indiana.

(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Congress

a report containing findings and recommendations of a study

under this section.

SEC. 817. ACQUISITION OF CERTAIN PROPERTY ON SANTA CRUZ

ISLAND.

Section 202 of Public Law 96–199 (16 U.S.C. 410ff–1) is

amended by adding the following new subsection at the end thereof:

‘‘(e)(1) Notwithstanding any other provision of law, effective

90 days after the date of enactment of this subsection, all right,

title, and interest in and to, and the right to immediate possession

of, the real property on the eastern end of Santa Cruz Island

which is known as the Gherini Ranch is hereby vested in the

United States, except for the reserved rights of use and occupancy

set forth in Instrument No. 90–027494 recorded in the Official

Records of the County of Santa Barbara, California.

‘‘(2) The United States shall pay just compensation to the

owners of any real property taken pursuant to this subsection,

determined as of the date of taking. The full faith and credit

Effective date.

California.

State listing.

Oregon.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4201

of the United States is hereby pledged to the payment of any

judgment entered against the United States with respect to the

taking of such property. Payment shall be in the amount of the

agreed negotiated value of such real property plus interest or the

valuation of such real property awarded by judgment plus interest.

Interest shall accrue from the date of taking to the date of payment.

Interest shall be compounded quarterly and computed at the rate

applicable for the period involved, as determined by the Secretary

of the Treasury on the basis of the current average market yield

on outstanding marketable obligations of the United States of comparable maturities from the date of enactment of this subsection

to the last day of the month preceding the date on which payment

is made.

‘‘(3) In the absence of a negotiated settlement, or an action

by the owner, within 1 year after the date of enactment of this

subsection, the Secretary shall initiate a proceeding, seeking in

a court of competent jurisdiction a determination of just compensation with respect to the taking of such property.

‘‘(4) The Secretary shall not allow any unauthorized use of

the lands to be acquired under this subsection, except that the

Secretary shall permit the orderly termination of all current activities and the removal of any equipment, facilities, or personal property.’’.

SEC. 818. NATIONAL PARK AGREEMENTS.

Section 3 of the Act entitled ‘‘An Act to improve the administration of the National Park System by the Secretary of the Interior,

and to clarify the authorities applicable to the system, and for

other purposes’’ approved August 18, 1970 (16 U.S.C. 1a–2), is

amended—

(1) in paragraph (i), by striking the period at the end

thereof and inserting in lieu thereof ‘‘; and’’; and

(2) by adding at the end thereof the following:

‘‘(j) Enter into cooperative agreements with public or private

educational institutions, States, and their political subdivisions,

for the purpose of developing adequate, coordinated, cooperative

research and training programs concerning the resources of the

National Park System, and, pursuant to any such agreements,

to accept from and make available to the cooperator such technical

and support staff, financial assistance for mutually agreed upon

research projects, supplies and equipment, facilities, and administrative services relating to cooperative research units as the Secretary deems appropriate; except that this paragraph shall not

waive any requirements for research projects that are subject to

the Federal procurement regulations.’’.

TITLE IX—HERITAGE AREAS

SEC. 901. BLACKSTONE RIVER VALLEY NATIONAL HERITAGE

CORRIDOR.

(a) BOUNDARY CHANGES.—Section 2 of the Act entitled ‘‘An

Act to establish the Blackstone River Valley National Heritage

Corridor in Massachusetts and Rhode Island’’, approved November

10, 1986 (Public Law 99–647; 16 U.S.C. 461 note), is amended

by striking the first sentence and inserting the following new sentence: ‘‘The boundaries shall include the lands and water generally

Massachusetts.

Rhode Island.
110 STAT. 4202 PUBLIC LAW 104–333—NOV. 12, 1996

depicted on the map entitled ‘Blackstone River Valley National

Heritage Corridor Boundary Map’, numbered BRV–80–80,011, and

dated May 2, 1993.’’.

(b) TERMS.—Section 3(c) of the Act entitled ‘‘An Act to establish

the Blackstone River Valley National Heritage Corridor in

Massachusetts and Rhode Island’’, approved November 10, 1986

(Public Law 99–647; 16 U.S.C. 461 note), is amended by inserting

before the period at the end the following: ‘‘, but may continue

to serve after the expiration of this term until a successor has

been appointed’’.

(c) REVISION OF PLAN.—Section 6 of the Act entitled ‘‘An Act

to establish the Blackstone River Valley National Heritage Corridor

in Massachusetts and Rhode Island’’, approved November 10, 1986

(Public Law 99–647; 16 U.S.C. 461 note), is amended by adding

at the end the following new subsection:

‘‘(d) REVISION OF PLAN.—(1) Not later than 1 year after the

date of the enactment of this subsection, the Commission, with

the approval of the Secretary, shall revise the Cultural Heritage

and Land Management Plan. The revision shall address the boundary change and shall include a natural resource inventory of areas

or features that should be protected, restored, managed, or acquired

because of their contribution to the understanding of national

cultural landscape values.

‘‘(2) No changes other than minor revisions may be made in

the approval plan as amended without the approval of the Secretary.

The Secretary shall approve or disapprove any proposed changes

in the plan, except minor revisions, in accordance with subsection

(b).’’.

(d) EXTENSION OF COMMISSION.—Section 7 of the Act entitled

‘‘An Act to establish the Blackstone River Valley National Heritage

Corridor in Massachusetts and Rhode Island’’, approved November

10, 1986 (Public Law 99–647; 16 U.S.C. 461 note), is amended

to read as follows:

‘‘SEC. 7. TERMINATION OF COMMISSION.

‘‘The Commission shall terminate on the date that is 10 years

after the date of enactment of this section.’’.

(e) IMPLEMENTATION OF PLAN.—Subsection (c) of section 8 of

the Act entitled ‘‘An Act to establish the Blackstone River Valley

National Heritage Corridor in Massachusetts and Rhode Island’’,

approved November 10, 1986 (Public Law 99–647; 16 U.S.C. 461

note), is amended to read as follows:

‘‘(c) IMPLEMENTATION.—(1) To assist in the implementation of

the Cultural Heritage and Land Management Plan in a manner

consistent with purposes of this Act, the Secretary is authorized

to undertake a limited program of financial assistance for the

purpose of providing funds for the preservation and restoration

of structures on or eligible for inclusion on the National Register

of Historic Places within the Corridor which exhibit national significance or provide a wide spectrum of historic, recreational, or

environmental education opportunities to the general public.

‘‘(2) To be eligible for funds under this section, the Commission

shall submit an application to the Secretary that includes—

‘‘(A) a 10-year development plan including those resource

protection needs and projects critical to maintaining or interpreting the distinctive character of the Corridor; and
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4203

‘‘(B) specific descriptions of annual work programs that

have been assembled, the participating parties, roles, cost estimates, cost-sharing, or cooperative agreements necessary to

carry out the development plan.

‘‘(3) Funds made available pursuant to this subsection shall

not exceed 50 percent of the total cost of the work programs.

‘‘(4) In making the funds available, the Secretary shall give

priority to projects that attract greater non-Federal funding sources.

‘‘(5) Any payment made for the purposes of conservation or

restoration of real property or structures shall be subject to an

agreement either—

‘‘(A) to convey a conservation or preservation easement

to the Department of Environmental Management or to the

Historic Preservation Commission, as appropriate, of the State

in which the real property or structure is located; or

‘‘(B) that conversion, use, or disposal of the resources so

assisted for purposes contrary to the purposes of this Act,

as determined by the Secretary, shall result in a right of

the United States for reimbursement of all funds expended

upon such resources or the proportion of the increased value

of the resources attributable to such funds as determined at

the time of such conversion, use, or disposal, whichever is

greater.

‘‘(6) The authority to determine that a conversion, use, or

disposal of resources has been carried out contrary to the purposes

of this Act in violation of an agreement entered into under paragraph (5)(A) shall be solely at the discretion of the Secretary.’’.

(f) LOCAL AUTHORITY.—Section 5 of the Act entitled ‘‘An Act

to establish the Blackstone River Valley National Heritage Corridor

in Massachusetts and Rhode Island’’, approved November 10, 1986

(Public Law 99–647; 16 U.S.C. 461 note), is amended by adding

at the end the following new subsection:

‘‘(j) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT AFFECTED.—

Nothing in this Act shall be construed to affect or to authorize

the Commission to interfere with—

‘‘(1) the rights of any person with respect to private

property; or

‘‘(2) any local zoning ordinance or land use plan of the

Commonwealth of Massachusetts or any political subdivision

of the Commonwealth.’’.

(g) AUTHORIZATION OF APPROPRIATIONS.—Notwithstanding any

other provisions of law regarding limitations on funding for heritage

areas, section 10 of the Act entitled ‘‘An Act to establish the Blackstone River Valley National Heritage Corridor in Massachusetts

and Rhode Island’’, approved November 10, 1986 (Public Law 99–

647; 16 U.S.C. 461 note), as amended, is further amended:

(1) in subsection (a), by striking ‘‘$350,000’’ and inserting

‘‘$650,000’’; and

(2) by amending subsection (b) to read as follows:

‘‘(b) DEVELOPMENT FUNDS.—For fiscal year 1996, 1997, and

1998, there is authorized to be appropriated to carry out section

8(c) not to exceed $5,000,000.’’.

Appropriation

authorization.
110 STAT. 4204 PUBLIC LAW 104–333—NOV. 12, 1996

SEC. 902. ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE

CORRIDOR.

The Illinois and Michigan Canal National Heritage Corridor

Act of 1984 (Public Law 98–398; 16 U.S.C. 461 note) is amended

by inserting after section 117 the following new section:

‘‘SEC. 118. STUDY OF POSSIBLE ADDITIONS TO CORRIDOR.

‘‘The Commission shall undertake a study to determine whether

the Joliet Army Ammunition Plant and the Calumet-Sag and

Chicago Sanitary and Ship Canals should be added to the corridor.

The study shall specifically examine the relationship between the

purposes of this Act and the areas proposed for study and shall

identify any specific resources which are related to the purposes

for which the corridor was established. The study shall propose

boundaries which provide for the inclusion of any related resources

within the corridor. The Commission shall submit the study to

the Secretary and the appropriate congressional committees. Upon

receipt of the study, the Secretary shall determine which lands

(if any) should be added to the corridor and shall so notify the

appropriate congressional committees.’’.

TITLE X—MISCELLANEOUS

Subtitle A—Tallgrass Prairie National

Preserve

SEC. 1001. SHORT TITLE.

This subtitle may be cited as the ‘‘Tallgrass Prairie National

Preserve Act of 1996’’.

SEC. 1002. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) of the 400,000 square miles of tallgrass prairie that

once covered the North American Continent, less than 1 percent

remains, primarily in the Flint Hills of Kansas;

(2) in 1991, the National Park Service conducted a special

resource study of the Spring Hill Ranch, located in the Flint

Hills of Kansas;

(3) the study concludes that the Spring Hill Ranch—

(A) is a nationally significant example of the once

vast tallgrass ecosystem, and includes buildings listed on

the National Register of Historic Places pursuant to section

101 of the National Historic Preservation Act (16 U.S.C.

470a) that represent outstanding examples of Second

Empire and other 19th Century architectural styles; and

(B) is suitable and feasible as a potential addition

to the National Park System; and

(4) the National Park Trust, which owns the Spring Hill

Ranch, has agreed to permit the National Park Service—

(A) to purchase a portion of the ranch, as specified

in the subtitle; and

(B) to manage the ranch in order to—

(i) conserve the scenery, natural and historic

objects, and wildlife of the ranch; and

(ii) provide for the enjoyment of the ranch in such

a manner and by such means as will leave the scenery,

16 USC 698u.

16 USC 698u

note.

Tallgrass Prairie

National

Preserve Act of

1996.

Kansas.

Notification.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4205

natural and historic objects, and wildlife unimpaired

for the enjoyment of future generations.

(b) PURPOSES.—The purposes of this subtitle are—

(1) to preserve, protect, and interpret for the public an

example of a tallgrass prairie ecosystem on the Spring Hill

Ranch, located in the Flint Hills of Kansas; and

(2) to preserve and interpret for the public the historic

and cultural values represented on the Spring Hill Ranch.

SEC. 1003. DEFINITIONS.

In this subtitle:

(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’

means the Advisory Committee established under section 1007.

(2) PRESERVE.—The term ‘‘Preserve’’ means the Tallgrass

Prairie National Preserve established by section 1004.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) TRUST.—The term ‘‘Trust’’ means the National Park

Trust, Inc., a District of Columbia nonprofit corporation, or

any successor-in-interest.

SEC. 1004. ESTABLISHMENT OF TALLGRASS PRAIRIE NATIONAL

PRESERVE.

(a) IN GENERAL.—In order to provide for the preservation,

restoration, and interpretation of the Spring Hill Ranch area of

the Flint Hills of Kansas, for the benefit and enjoyment of present

and future generations, there is established the Tallgrass Prairie

National Preserve.

(b) DESCRIPTION.—The Preserve shall consist of the lands and

interests in land, including approximately 10,894 acres, generally

depicted on the map entitled ‘‘Boundary Map, Flint Hills Prairie

National Monument’’ numbered NM–TGP 80,000 and dated June

1994, more particularly described in the deed filed at 8:22 a.m.

of June 3, 1994, with the Office of the Register of Deeds in Chase

County, Kansas, and recorded in Book L–106 at pages 328 through

339, inclusive. In the case of any difference between the map

and the legal description, the legal description shall govern, except

that if, as a result of a survey, the Secretary determines that

there is a discrepancy with respect to the boundary of the Preserve

that may be corrected by making minor changes to the map, the

Secretary shall make changes to the map as appropriate, and the

boundaries of the Preserve shall be adjusted accordingly. The map

shall be on file and available for public inspection in the appropriate

offices of the National Park Service of the Department of the

Interior.

SEC. 1005. ADMINISTRATION OF NATIONAL PRESERVE.

(a) IN GENERAL.—The Secretary shall administer the Preserve

in accordance with this subtitle, the cooperative agreements

described in subsection (f)(1), and the provisions of law generally

applicable to units of the National Park System, including the

Act entitled ‘‘An Act to establish a National Park Service, and

for other purposes’’, approved August 25, 1916 (16 U.S.C. 1, 2

through 4) and the Act of August 21, 1935 (49 Stat. 666; 16

U.S.C. 461 et seq.).

(b) APPLICATION OF REGULATIONS.—With the consent of a

private owner of land within the boundaries of the Preserve, the

regulations issued by the Secretary concerning the National Park

16 USC 698u–3.

16 USC 698u–2.

16 USC 698u–1.
110 STAT. 4206 PUBLIC LAW 104–333—NOV. 12, 1996

Service that provide for the proper use, management, and protection

of persons, property, and natural and cultural resources shall apply

to the private land.

(c) FACILITIES.—For purposes of carrying out the duties of the

Secretary under this subtitle relating to the Preserve, the Secretary

may, with the consent of a landowner, directly or by contract,

construct, reconstruct, rehabilitate, or develop essential buildings,

structures, and related facilities including roads, trails, and other

interpretive facilities on real property that is not owned by the

Federal Government and is located within the Preserve.

(d) LIABILITY.—

(1) LIABILITY OF THE UNITED STATES AND ITS OFFICERS

AND EMPLOYEES.—Except as otherwise provided in this subsection, the liability of the United States is subject to the

terms and conditions of the Federal Tort Claims Act, as

amended, 28 U.S.C. 2671 et seq., with respect to the claims

arising by virtue of the Secretary’s administration of the Preserve pursuant to this Act.

(2) LIABILITY OF LANDOWNERS.—

(A) The Secretary of the Interior is authorized, under

such terms and conditions as he deems appropriate, to

include in any cooperative agreement entered into in

accordance with subsection (f)(1) an indemnification provision by which the United States agrees to hold harmless,

defend and indemnify the landowner in full from and

against any suit, claim, demand or action, liability,

judgment, cost or other fee arising out of any claim of

personal injury or property damage that occurs in connection with the operation of the Preserve under the agreement: Provided however, That indemnification shall not

exceed $3 million per claimant per occurrence.

(B) The indemnification provision authorized by

subparagraph (A) shall not include claims for personal

injury or property damage proximately caused by the

wanton or willful misconduct of the landowner.

(e) UNIT OF THE NATIONAL PARK SYSTEM.—The Preserve shall

be a unit of the National Park System for all purposes, including

the purpose of exercising authority to charge entrance and admission fees under section 4 of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l–6a).

(f) AGREEMENT AND DONATIONS.—

(1) AGREEMENTS.—The Secretary may expend Federal

funds for the cooperative management of private property

within the Preserve for research, resource management (including pest control and noxious weed control, fire protection, and

the restoration of buildings), and visitor protection and use.

(2) DONATIONS.—The Secretary may accept, retain, and

expend donations of funds, property (other than real property),

or services from individuals, foundations, corporations, or public

entities for the purposes of providing programs, services,

facilities, or technical assistance that further the purposes of

this subtitle.

(g) GENERAL MANAGEMENT PLAN.—

(1) IN GENERAL.—Not later than the end of the third full

fiscal year beginning after the date of enactment of this Act,

the Secretary shall prepare and submit to the Committee on

Energy and Natural Resources of the Senate and the Committee
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4207

on Resources of the House of Representatives a general management plan for the Preserve.

(2) CONSULTATION.—In preparing the general management

plan, the Secretary, acting through the Director of the National

Park Service, shall consult with—

(A)(i) appropriate officials of the Trust; and

(ii) the Advisory Committee; and

(B) adjacent landowners, appropriate officials of nearby

communities, the Kansas Department of Wildlife and

Parks, the Kansas Historical Society, and other interested

parties.

(3) CONTENT OF PLAN.—The general management plan shall

provide for the following:

(A) Maintaining and enhancing the tall grass prairie

within the boundaries of the Preserve.

(B) Public access and enjoyment of the property that

is consistent with the conservation and proper management

of the historical, cultural, and natural resources of the

ranch.

(C) Interpretive and educational programs covering the

natural history of the prairie, the cultural history of Native

Americans, and the legacy of ranching in the Flint Hills

region.

(D) Provisions requiring the application of applicable

State law concerning the maintenance of adequate fences

within the boundaries of the Preserve. In any case in

which an activity of the National Park Service requires

fences that exceed the legal fence standard otherwise

applicable to the Preserve, the National Park Service shall

pay the additional cost of constructing and maintaining

the fences to meet the applicable requirements for that

activity.

(E) Provisions requiring the Secretary to comply with

applicable State noxious weed, pesticide, and animal health

laws.

(F) Provisions requiring compliance with applicable

State water laws and Federal and State waste disposal

laws (including regulations) and any other applicable law.

(G) Provisions requiring the Secretary to honor each

valid existing oil and gas lease for lands within the

boundaries of the Preserve (as described in section 1004(b))

that is in effect on the date of enactment of this Act.

(H) Provisions requiring the Secretary to offer to enter

into an agreement with each individual who, as of the

date of enactment of this Act, holds rights for cattle grazing

within the boundaries of the Preserve (as described in

section 1004(b)).

(4) HUNTING AND FISHING.—The Secretary may allow hunting and fishing on Federal lands within the Preserve.

(5) FINANCIAL ANALYSIS.—As part of the development of

the general management plan, the Secretary shall prepare a

financial analysis indicating how the management of the

Preserve may be fully supported through fees, private donations, and other forms of non-Federal funding.
110 STAT. 4208 PUBLIC LAW 104–333—NOV. 12, 1996

SEC. 1006. LIMITED AUTHORITY TO ACQUIRE.

(a) IN GENERAL.—The Secretary shall acquire, by donation,

not more than 180 acres of real property within the boundaries

of the Preserve (as described in section 1004(b)) and the improvements on the real property.

(b) PAYMENTS IN LIEU OF TAXES.—For the purposes of payments

made under chapter 69 of title 31, United States Code, the real

property described in subsection (a)(1) shall be deemed to have

been acquired for the purposes specified in section 6904(a) of that

title.

(c) PROHIBITIONS.—No property may be acquired under this

section without the consent of the owner of the property. The

United States may not acquire fee ownership of any lands within

the Preserve other than lands described in this section.

SEC. 1007. ADVISORY COMMITTEE.

(a) ESTABLISHMENT.—There is established an advisory

committee to be known as the ‘‘Tallgrass Prairie National Preserve

Advisory Committee’’.

(b) DUTIES.—The Advisory Committee shall advise the

Secretary and the Director of the National Park Service concerning

the development, management, and interpretation of the Preserve.

In carrying out those duties, the Advisory Committee shall provide

timely advice to the Secretary and the Director during the preparation of the general management plan under section 1005(g).

(c) MEMBERSHIP.—The Advisory Committee shall consist of 13

members, who shall be appointed by the Secretary as follows:

(1) Three members shall be representatives of the Trust.

(2) Three members shall be representatives of local

landowners, cattle ranchers, or other agricultural interests.

(3) Three members shall be representatives of conservation

or historic preservation interests.

(4)(A) One member shall be selected from a list of persons

recommended by the Chase County Commission in the State

of Kansas.

(B) One member shall be selected from a list of persons

recommended by appropriate officials of Strong City, Kansas,

and Cottonwood Falls, Kansas.

(C) One member shall be selected from a list of persons

recommended by the Governor of the State of Kansas.

(5) One member shall be a range management specialist

representing institutions of higher education (as defined in

section 1201(a) of the Higher Education Act of 1965 (20 U.S.C.

1141(a))) in the State of Kansas.

(d) TERMS.—

(1) IN GENERAL.—Each member of the Advisory Committee

shall be appointed to serve for a term of 3 years, except that

the initial members shall be appointed as follows:

(A) Four members shall be appointed, one each from

paragraphs (1), (2), (3), and (4) of subsection (c), to serve

for a term of 3 years.

(B) Four members shall be appointed, one each from

paragraphs (1), (2), (3), and (4) of subsection (c), to serve

for a term of 4 years.

(C) Five members shall be appointed, one each from

paragraphs (1) through (5) of subsection (c), to serve for

a term of 5 years.

16 USC 698u–5.

16 USC 698u–4.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4209

(2) REAPPOINTMENT.—Each member may be reappointed

to serve a subsequent term.

(3) EXPIRATION.—Each member shall continue to serve after

the expiration of the term of the member until a successor

is appointed.

(4) VACANCIES.—A vacancy on the Advisory Committee

shall be filled in the same manner as an original appointment

is made. The member appointed to fill the vacancy shall serve

until the expiration of the term in which the vacancy occurred.

(e) CHAIRPERSON.—The members of the Advisory Committee

shall select 1 of the members to serve as Chairperson.

(f) MEETINGS.—Meetings of the Advisory Committee shall be

held at the call of the Chairperson or the majority of the Advisory

Committee. Meetings shall be held at such locations and in such

a manner as to ensure adequate opportunity for public involvement.

In compliance with the requirements of the Federal Advisory

Committee Act (5 U.S.C. App.), the Advisory Committee shall choose

an appropriate means of providing interested members of the public

advance notice of scheduled meetings.

(g) QUORUM.—A majority of the members of the Advisory

Committee shall constitute a quorum.

(h) COMPENSATION.—Each member of the Advisory Committee

shall serve without compensation, except that while engaged in

official business of the Advisory Committee, the member shall be

entitled to travel expenses, including per diem in lieu of subsistence

in the same manner as persons employed intermittently in Government service under section 5703 of title 5, United States Code.

(i) CHARTER.—The rechartering provisions of section 14(b) of

the Federal Advisory Committee Act (15 U.S.C. App.) shall not

apply to the Advisory Committee.

SEC. 1008. RESTRICTION ON AUTHORITY.

Nothing in this subtitle shall give the Secretary authority to

regulate lands outside the land area acquired by the Secretary

under section 1006(a).

SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Department

of the Interior such sums as are necessary to carry out this subtitle.

Subtitle B—Sterling Forest

SEC. 1011. PALISADES INTERSTATE PARK COMMISSION.

(a) FUNDING.—The Secretary of the Interior is authorized to

provide funding to the Palisades Interstate Park Commission to

be used for the acquisition of lands and interests in lands within

the area generally depicted on the map entitled ‘‘Boundary Map,

Sterling Forest Reserve’’, numbered SFR–60,001 and dated July

1, 1994. There are authorized to be appropriated for purposes

of this section not more than $17,500,000. No funds made available

under this section may be used for the acquisition of any lands

or interests in lands without the consent of the owner thereof.

(b) LAND EXCHANGE.—The Secretary of the Interior is

authorized to exchange unreserved unappropriated Federal lands

under the administrative jurisdiction of the Secretary for the lands

comprising approximately 2,220 acres depicted on the map entitled

‘‘Sterling Forest, Proposed Sale of Sterling Forest Lands’’ and dated

16 USC 698u–7.

16 USC 698u–6.
110 STAT. 4210 PUBLIC LAW 104–333—NOV. 12, 1996

July 25, 1996. The Secretary shall consult with the Governor of

any State in which such unreserved unappropriated lands are

located prior to carrying out such exchange. The lands acquired

by the Secretary under this section shall be transferred to the

Palisades Interstate Park Commission to be included within the

Sterling Forest Reserve. The lands exchanged under this section

shall be of equal value, as determined by the Secretary utilizing

nationally recognized appraisal standards. The authority to

exchange lands under this section shall expire on the date 18

months after the date of enactment of this Act.

Subtitle C—Additional Provisions

SEC. 1021. RECREATION LAKES.

(a) FINDINGS AND PURPOSES.—The Congress finds that the

Federal Government, under the authority of the Reclamation Act

and other statutes, has developed manmade lakes and reservoirs

that have become a powerful magnet for diverse recreational activities and that such activities contribute to the well-being of families

and individuals and the economic viability of local communities.

The Congress further finds that in order to further the purposes

of the Land and Water Conservation Fund, the President should

appoint an advisory commission to review the current and

anticipated demand for recreational opportunities at federally-managed manmade lakes and reservoirs through creative partnerships

involving Federal, State, and local governments and the private

sector and to develop alternatives for enhanced recreational use

of such facilities.

(b) COMMISSION.—The Land and Water Conservation Fund Act

of 1965 (Public Law 88–578, 78 Stat. 897) is amended by adding

at the end thefollowing new section:

‘‘SEC. 13. (a) The President shall appoint an advisory commission to review the opportunities for enhanced opportunities for

water-based recreation which shall submit a report to the President

and to the Committee on Energy and Natural Resources of the

Senate and to the Committee on Transportation and Infrastructure

and the Committee on Resources of the House of Representatives

within one year from the date of enactment of this section.

‘‘(b) The members of the Commission shall include—

‘‘(1) the Secretary of the Interior, or his designee;

‘‘(2) the Secretary of the Army, or his designee;

‘‘(3) the Chairman of the Tennessee Valley Authority, or

his designee;

‘‘(4) the Secretary of Agriculture, or his designee;

‘‘(5) a person nominated by the National Governor’s

Association; and

‘‘(6) four persons familiar with the interests of the recreation and tourism industry, conservation and recreation use,

Indian tribes, and local governments, at least one of whom

shall be familiar with the economics and financing of recreation

related infrastructure.

‘‘(c) The President shall appoint one member to serve as

Chairman. Any vacancy on the Commission shall be filled in the

same manner as the original appointment. Members of the Commission shall serve without compensation but shall be reimbursed

for travel, subsistence, and other necessary expenses incurred by

President.

Reports.

16 USC 460l–10e.

16 USC 460l–10e

note.

Expiration date.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4211

them in the performance of their duties. The Secretary of the

Interior shall provide all financial, administrative, and staffing

requirements for the Commission, including office space, furnishings, and equipment. The heads of other Federal agencies are

authorized, at the request of the Commission, to provide such

information or personnel, to the extent permitted by law and within

the limits of available funds, to the Commission as may be useful

to accomplish the purposes of this section.

‘‘(d) The Commission may hold such hearings, sit and act at

such times and places, take such testimony, and receive such

evidence as it deems advisable: Provided, That, to the maximum

extent possible, the Commission shall use existing data and

research. The Commission is authorized to use the United States

mail in the same manner and upon the same conditions as other

departments and agencies of the United States.

‘‘(e) The report shall review the extent of water related

recreation at Federal manmade lakes and reservoirs and shall

develop alternatives to enhance the opportunities for such use by

the public. In developing the report, the Commission shall—

‘‘(1) review the extent to which recreation components

identified in specific authorizations associated with individual

Federal manmade lakes and reservoirs have been accomplished;

‘‘(2) evaluate the feasibility of enhancing recreation

opportunities at federally-managed lakes and reservoirs under

existing statutes;

‘‘(3) consider legislative changes that would enhance

recreation opportunities consistent with and subject to the

achievement of the authorized purposes of Federal water

projects; and

‘‘(4) make recommendations on alternatives for enhanced

recreation opportunities including, but not limited to, the

establishment of a National Recreation Lake System under

which specific lakes would receive national designation and

which would be managed through innovative partnership-based

agreements between Federal agencies, State and local units

of government, and the private sector.

Any such alternatives shall be consistent with and subject to the

authorized purposes for any manmade lakes and reservoirs and

shall emphasize private sector initiatives in concert with State

and local units of government.’’.

SEC. 1022. BISTI/DE-NA-ZIN WILDERNESS EXPANSION AND FOSSIL

FOREST PROTECTION.

(a) SHORT TITLE.—This section may be cited as the ‘‘Bisti/

De-Na-Zin Wilderness Expansion and Fossil Forest Protection

Act’’.

(b) WILDERNESS DESIGNATION.—Section 102 of the San

Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3155) is

amended—

(1) in subsection (a)—

(A) by striking ‘‘wilderness, and, therefore,’’ and all

that follows through ‘‘System—’’ and inserting ‘‘wilderness

areas, and as one component of the National Wilderness

Preservation System, to be known as the ‘Bisti/De-Na-Zin

Wilderness’—’’;

16 USC 1132

note.

Bisti/De-Na-Zin

Wilderness

Expansion and

Fossil Forest

Protection Act.

New Mexico.
110 STAT. 4212 PUBLIC LAW 104–333—NOV. 12, 1996

(B) in paragraph (1), by striking ‘‘, and which shall

be known as the Bisti Wilderness; and’’ and inserting a

semicolon;

(C) in paragraph (2), by striking ‘‘, and which shall

be known as the De-Na-Zin Wilderness.’’ and inserting

‘‘; and ’’; and

(D) by adding at the end the following new paragraph:

‘‘(3) certain lands in the Farmington District of the Bureau

of Land Management, New Mexico, which comprise approximately 16,525 acres, as generally depicted on a map entitled

‘Bisti/De-Na-Zin Wilderness Amendment Proposal’, dated May

1992.’’;

(2) in the first sentence of subsection (c), by inserting

after ‘‘of this Act’’ the following: ‘‘with regard to the areas

described in paragraphs (1) and (2) of subsection (a), and as

soon as practicable after the date of enactment of subsection

(a)(3) with regard to the area described in subsection (a)(3)’’;

(3) in subsection (d), by inserting after ‘‘of this Act’’ the

following: ‘‘with regard to the areas described in paragraphs

(1) and (2) of subsection (a), and where established prior to

the date of enactment of subsection (a)(3) with regard to the

area described in subsection (a)(3)’’; and

(4) by adding at the end the following new subsection:

‘‘(e)(1) Subject to valid existing rights, the lands described in

subsection (a)(3) are withdrawn from all forms of appropriation

under the mining laws and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral material

sales.

‘‘(2) The Secretary of the Interior may issue coal leases in

New Mexico in exchange for any preference right coal lease application within the area described in subsection (a)(3). Such exchanges

shall be made in accordance with applicable existing laws and

regulations relating to coal leases after a determination has been

made by the Secretary that the applicant is entitled to a preference

right lease and that the exchange is in the public interest.

‘‘(3) Operations on oil and gas leases issued prior to the date

of enactment of subsection (a)(3) shall be subject to the applicable

provisions of Group 3100 of title 43, Code of Federal Regulations

(including section 3162.5–1), and such other terms, stipulations,

and conditions as the Secretary of the Interior considers necessary

to avoid significant disturbance of the land surface or impairment

of the ecological, educational, scientific, recreational, scenic, and

other wilderness values of the lands described in subsection (a)(3)

in existence on the date of enactment of subsection (a)(3). In order

to satisfy valid existing rights on the lands described in subsection

(a)(3), the Secretary of the Interior may exchange any oil and

gas lease within this area for an unleased parcel outside this

area of like mineral estate and with similar appraised mineral

values.’’.

(c) EXCHANGES FOR STATE LANDS.—Section 104 of the San

Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3156) is

amended—

(1) in the first sentence of subsection (b), by inserting

after ‘‘of this Act’’ the following: ‘‘with regard to the areas

described in paragraphs (1) and (2) of subsection (a), and not

later than 120 days after the date of enactment of subsection

(a)(3) with regard to the area described in subsection (a)(3)’’;
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4213

(2) in subsection (c), by inserting before the period the

following: ‘‘with regard to the areas described in paragraphs

(1) and (2) of subsection (a), and as of the date of enactment

of subsection (a)(3) with regard to the area described in subsection (a)(3)’’; and

(3) in the last sentence of subsection (d), by inserting

before the period the following: ‘‘with regard to the areas

described in paragraphs (1) and (2) of subsection (a), and not

later than 2 years after the date of enactment of subsection

(a)(3) with regard to the area described in subsection (a)(3)’’.

(d) EXCHANGES FOR INDIAN LANDS.—Section 105 of the San

Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3157) is

amended by adding at the end the following new subsection:

‘‘(d)(1) The Secretary of the Interior shall exchange any lands

held in trust for the Navajo Tribe by the Bureau of Indian Affairs

that are within the boundary of the area described in subsection

(a)(3).

‘‘(2) The lands shall be exchanged for lands within New Mexico

approximately equal in value that are selected by the Navajo Tribe.

‘‘(3) After the exchange, the lands selected by the Navajo Tribe

shall be held in trust by the Secretary of the Interior in the

same manner as the lands described in paragraph (1).’’.

(e) FOSSIL FOREST RESEARCH NATURAL AREA.—Section 103 of

the San Juan Basin Wilderness Protection Act of 1984 (98 Stat.

3156) is amended to read as follows:

‘‘SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA.

‘‘(a) ESTABLISHMENT.—To conserve and protect natural values

and to provide scientific knowledge, education, and interpretation

for the benefit of future generations, there is established the Fossil

Forest Research Natural Area (referred to in this section as the

‘Area’), consisting of the approximately 2,770 acres in the

Farmington District of the Bureau of Land Management, New

Mexico, as generally depicted on a map entitled ‘Fossil Forest’,

dated June 1983.

‘‘(b) MAP AND LEGAL DESCRIPTION.—

‘‘(1) IN GENERAL.—As soon as practicable after the date

of enactment of this paragraph, the Secretary of the Interior

shall file a map and legal description of the Area with the

Committee on Energy and Natural Resources of the Senate

and the Committee on Natural Resources of the House of Representatives.

‘‘(2) FORCE AND EFFECT.—The map and legal description

described in paragraph (1) shall have the same force and effect

as if included in this Act.

‘‘(3) TECHNICAL CORRECTIONS.—The Secretary of the

Interior may correct clerical, typographical, and cartographical

errors in the map and legal description subsequent to filing

the map pursuant to paragraph (1).

‘‘(4) PUBLIC INSPECTION.—The map and legal description

shall be on file and available for public inspection in the Office

of the Director of the Bureau of Land Management, Department

of the Interior.

‘‘(c) MANAGEMENT.—

‘‘(1) IN GENERAL.—The Secretary of the Interior, acting

through the Director of the Bureau of Land Management, shall

manage the Area—

43 USC 178.
110 STAT. 4214 PUBLIC LAW 104–333—NOV. 12, 1996

‘‘(A) to protect the resources within the Area; and

‘‘(B) in accordance with this Act, the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1701 et

seq.), and other applicable provisions of law.

‘‘(2) MINING.—

‘‘(A) WITHDRAWAL.—Subject to valid existing rights,

the lands within the Area are withdrawn from all forms

of appropriation under the mining laws and from

disposition under all laws pertaining to mineral leasing,

geothermal leasing, and mineral material sales.

‘‘(B) COAL PREFERENCE RIGHTS.—The Secretary of the

Interior is authorized to issue coal leases in New Mexico

in exchange for any preference right coal lease application

within the Area. Such exchanges shall be made in accordance with applicable existing laws and regulations relating

to coal leases after a determination has been made by

the Secretary that the applicant is entitled to a preference

right lease and that the exchange is in the public interest.

‘‘(C) OIL AND GAS LEASES.—Operations on oil and gas

leases issued prior to the date of enactment of this paragraph shall be subject to the applicable provisions of Group

3100 of title 43, Code of Federal Regulations (including

section 3162.5–1), and such other terms, stipulations, and

conditions as the Secretary of the Interior considers

necessary to avoid significant disturbance of the land surface or impairment of the natural, educational, and scientific research values of the Area in existence on the

date of enactment of this paragraph.

‘‘(3) GRAZING.—Livestock grazing on lands within the Area

may not be permitted.

‘‘(d) INVENTORY.—Not later than 3 full fiscal years after the

date of enactment of this subsection, the Secretary of the Interior,

acting through the Director of the Bureau of Land Management,

shall develop a baseline inventory of all categories of fossil resources

within the Area. After the inventory is developed, the Secretary

shall conduct monitoring surveys at intervals specified in the

management plan developed for the Area in accordance with subsection (e).

‘‘(e) MANAGEMENT PLAN.—

‘‘(1) IN GENERAL.—Not later than 5 years after the date

of enactment of this Act, the Secretary of the Interior shall

develop and submit to the Committee on Energy and Natural

Resources of the Senate and the Committee on Natural

Resources of the House of Representatives a management plan

that describes the appropriate use of the Area consistent with

this Act.

‘‘(2) CONTENTS.—The management plan shall include—

‘‘(A) a plan for the implementation of a continuing

cooperative program with other agencies and groups for—

‘‘(i) laboratory and field interpretation; and

‘‘(ii) public education about the resources and

values of the Area (including vertebrate fossils);

‘‘(B) provisions for vehicle management that are

consistent with the purpose of the Area and that provide

for the use of vehicles to the minimum extent necessary

to accomplish an individual scientific project;
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4215

‘‘(C) procedures for the excavation and collection of

fossil remains, including botanical fossils, and the use of

motorized and mechanical equipment to the minimum

extent necessary to accomplish an individual scientific

project; and

‘‘(D) mitigation and reclamation standards for activities

that disturb the surface to the detriment of scenic and

environmental values.’’.

SEC. 1023. OPAL CREEK WILDERNESS AND SCENIC RECREATION

AREA.

(a) DEFINITIONS.—In this section:

(1) BULL OF THE WOODS WILDERNESS.—The term ‘‘Bull of

the Woods Wilderness’’ means the land designated as wilderness by section 3(4) of the Oregon Wilderness Act of 1984

(Public Law 98–328; 16 U.S.C. 1132 note).

(2) OPAL CREEK WILDERNESS.—The term ‘‘Opal Creek

Wilderness’’ means certain land in the Willamette National

Forest in the State of Oregon comprising approximately 12,800

acres, as generally depicted on the map entitled ‘‘Proposed

Opal Creek Wilderness and Scenic Recreation Area’’, dated

July 1996.

(3) SCENIC RECREATION AREA.—The term ‘‘Scenic Recreation

Area’’ means the Opal Creek Scenic Recreation Area, comprising approximately 13,000 acres, as generally depicted on the

map entitled ‘‘Proposed Opal Creek Wilderness and Scenic

Recreation Area’’, dated July 1996 and established under subsection (c)(1)(C).

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Agriculture.

(b) PURPOSES.—The purposes of this section are—

(1) to establish a wilderness and scenic recreation area

to protect and provide for the enhancement of the natural,

scenic, recreational, historic and cultural resources of the area

in the vicinity of Opal Creek;

(2) to protect and support the economy of the communities

of the Santiam Canyon; and

(3) to provide increased protection for an important drinking water source for communities served by the North Santiam

River.

(c) ESTABLISHMENT OF OPAL CREEK WILDERNESS AND SCENIC

RECREATION AREA.—

(1) ESTABLISHMENT.—On a determination by the Secretary

under paragraph (2)—

(A) the Opal Creek Wilderness, as depicted on the

map described in subsection (a)(2), is hereby designated

as wilderness, subject to the provisions of the Wilderness

Act of 1964, shall become a component of the National

Wilderness System, and shall be known as the Opal Creek

Wilderness;

(B) the part of the Bull of the Woods Wilderness that

is located in the Willamette National Forest shall be incorporated into the Opal Creek Wilderness; and

(C) the Secretary shall establish the Opal Creek Scenic

Recreation Area in the Willamette National Forest in the

State of Oregon, comprising approximately 13,000 acres,

16 USC 1132

note.

Oregon.

16 USC 545b.
110 STAT. 4216 PUBLIC LAW 104–333—NOV. 12, 1996

as generally depicted on the map described in subsection

(a)(3).

(2) CONDITIONS.—The designations in paragraph (1) shall

not take effect unless the Secretary makes a determination,

not later than 2 years after the date of enactment of this

title, that the following conditions have been met:

(A) the following have been donated to the United

States in an acceptable condition and without encumbrances:

(i) all right, title, and interest in the following

patented parcels of land—

(I) Santiam Number 1, mineral survey number

992, as described in patent number 39–92–0002,

dated December 11, 1991;

(II) Ruth Quartz Mine Number 2, mineral

survey number 994, as described in patent number

39–91–0012, dated February 12, 1991;

(III) Morning Star Lode, mineral survey

number 993, as described in patent number 36–

91–0011, dated February 12, 1991;

(ii) all right, title, and interest held by any entity

other than the Times Mirror Land and Timber Company, its successors and assigns, in and to lands located

in section 18, township 8 south, range 5 east, Marion

County, Oregon, Eureka numbers 6, 7, 8, and 13

mining claims; and

(iii) an easement across the Hewitt, Starvation,

and Poor Boy Mill Sites, mineral survey number 990,

as described in patent number 36–91–0017, dated May

9, 1991. In the sole discretion of the Secretary, such

easement may be limited to administrative use if an

alternative access route, adequate and appropriate for

public use, is provided.

(B) a binding agreement has been executed by the

Secretary and the owners of record as of March 29, 1996,

of the following interests, specifying the terms and conditions for the disposition of such interests to the United

States Government—

(i) The lode mining claims known as Princess Lode,

Black Prince Lode, and King Number 4 Lode, embracing portions of sections 29 and 32, township 8 south,

range 5 east, Willamette Meridian, Marion County,

Oregon, the claims being more particularly described

in the field notes and depicted on the plat of mineral

survey number 887, Oregon; and

(ii) Ruth Quartz Mine Number 1, mineral survey

number 994, as described in patent number 39–91–

0012, dated February 12, 1991.

(3) ADDITIONS TO THE WILDERNESS AND SCENIC RECREATION

AREAS.—(A) Lands or interests in lands conveyed to the United

States under this subsection shall be included in and

become part of, as appropriate, Opal Creek Wilderness

or the Opal Creek Scenic Recreation Area.

(B) On acquiring all or substantially all of the land

located in section 36, township 8 south, range 4 east, of

the Willamette Meridian, Marion County, Oregon,

commonly known as the Rosboro section by exchange, pur-
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4217

chase from a willing seller, or by donation, the Secretary

shall expand the boundary of the Scenic Recreation Area

to include such land.

(C) On acquiring all or substantially all of the land

located in section 18, township 8 south, range 5 east,

Marion County, Oregon, commonly known as the Time

Mirror property, by exchange, purchase from a willing

seller, or by donation, such land shall be included in and

become a part of the Opal Creek Wilderness.

(d) ADMINISTRATION OF THE SCENIC RECREATION AREA.—

(1) IN GENERAL.—The Secretary shall administer the Scenic

Recreation Area in accordance with this section and the laws

(including regulations) applicable to the National Forest

System.

(2) OPAL CREEK MANAGEMENT PLAN.—

(A) IN GENERAL.—Not later than 2 years after the

date of establishment of the Scenic Recreation Area, the

Secretary, in consultation with the advisory committee

established under subsection (e)(1), shall prepare a

comprehensive Opal Creek Management Plan (Management Plan) for the Scenic Recreation Area.

(B) INCORPORATION IN LAND AND RESOURCE

MANAGEMENT.—Upon its completion, the Opal Creek

Management Plan shall become part of the land and

resource management plan for the Willamette National

Forest and supersede any conflicting provision in such land

and resource management plan. Nothing in this paragraph

shall be construed to supersede the requirements of the

Endangered Species Act or the National Forest Management Act or regulations promulgated under those Acts,

or any other law.

(C) REQUIREMENTS.—The Opal Creek Management

Plan shall provide for a broad range of land uses, including—

(i) recreation;

(ii) harvesting of nontraditional forest products,

such as gathering mushrooms and material to make

baskets; and

(iii) educational and research opportunities.

(D) PLAN AMENDMENTS.—The Secretary may amend

the Opal Creek Management Plan as the Secretary may

determine to be necessary, consistent with the procedures

and purposes of this section.

(3) CULTURAL AND HISTORIC RESOURCE INVENTORY.—

(A) IN GENERAL.—Not later than 1 year after the date

of establishment of the Scenic Recreation Area, the

Secretary shall review and revise the inventory of the

cultural and historic resources on the public land in the

Scenic Recreation Area developed pursuant to the Oregon

Wilderness Act of 1984 (Public Law 98–328; 16 U.S.C.

1132).

(B) INTERPRETATION.—Interpretive activities shall be

developed under the management plan in consultation with

State and local historic preservation organizations and

shall include a balanced and factual interpretation of the
110 STAT. 4218 PUBLIC LAW 104–333—NOV. 12, 1996

cultural, ecological, and industrial history of forestry and

mining in the Scenic Recreation Area.

(4) TRANSPORTATION PLANNING.— (A) IN GENERAL.—Except as provided in this subparagraph, motorized vehicles shall not be permitted in the

Scenic Recreation Area. To maintain reasonable motorized

and other access to recreation sites and facilities in existence on the date of enactment of this title, the Secretary

shall prepare a transportation plan for the Scenic Recreation Area that—

(i) evaluates the road network within the Scenic

Recreation Area to determine which roads should be

retained and which roads should be closed;

(ii) provides guidelines for transportation and

access consistent with this section;

(iii) considers the access needs of persons with

disabilities in preparing the transportation plan for

the Scenic Recreation Area;

(iv) allows forest road 2209 beyond the gate to

the Scenic Recreation Area, as depicted on the map

described in subsection (a)(2), to be used by motorized

vehicles only for administrative purposes and for access

by private inholders, subject to such terms and conditions as the Secretary may determine to be necessary;

and

(v) restricts construction or improvement of forest

road 2209 beyond the gate to the Scenic Recreation

Area to maintaining the character of the road as it

existed upon the date of enactment of this Act, which

shall not include paving or widening.

In order to comply with subsection (f)(2), the Secretary may

make improvements to forest road 2209 and its bridge

structures consistent with the character of the road as it existed

on the date of enactment of this Act.

(5) HUNTING AND FISHING.—

(A) IN GENERAL.—Subject to applicable Federal and

State law, the Secretary shall permit hunting and fishing

in the Scenic Recreation Area.

(B) LIMITATION.—The Secretary may designate zones

in which, and establish periods when, no hunting or fishing

shall be permitted for reasons of public safety, administration, or public use and enjoyment of the Scenic Recreation

Area.

(C) CONSULTATION.—Except during an emergency, as

determined by the Secretary, the Secretary shall consult

with the Oregon State Department of Fish and Wildlife

before issuing any regulation under this subsection.

(6) TIMBER CUTTING.—

(A) IN GENERAL.—Subject to subparagraph (B), the

Secretary shall prohibit the cutting and/or selling of trees

in the Scenic Reservation Area.

(B) PERMITTED CUTTING.—

(i) IN GENERAL.—Subject to clause (ii), the

Secretary may allow the cutting of trees in the Scenic

Recreation Area only—

(I) for public safety, such as to control the

continued spread of a forest fire in the Scenic
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4219

Recreation Area or on land adjacent to the Scenic

Recreation Area;

(II) for activities related to administration of

the Scenic Recreation Area, consistent with the

Opal Creek Management Plan; or

(III) for removal of hazard trees along trails

and roadways.

(ii) SALVAGE SALES.—The Secretary may not allow

a salvage sale in the Scenic Recreation Area.

(7) WITHDRAWAL.—

(A) subject to valid existing rights, all lands in the

Scenic Recreation Area are withdrawn from—

(i) any form of entry, appropriation, or disposal

under the public lands laws;

(ii) location, entry, and patent under the mining

laws; and

(iii) disposition under the mineral and geothermal

leasing laws.

(8) BORNITE PROJECT.—

(A) Nothing in this section shall be construed to

interfere with or approve any exploration, mining, or mining-related activity in the Bornite Project Area, depicted

on the map described in subsection (a)(3), conducted in

accordance with applicable laws.

(B) Nothing in this section shall be construed to interfere with the ability of the Secretary to approve and issue,

or deny, special use permits in connection with exploration,

mining, and mining-related activities in the Bornite Project

Area.

(C) Motorized vehicles, roads, structures, and utilities

(including but not limited to power lines and water lines)

may be allowed inside the Scenic Recreation Area to serve

the activities conducted on land within the Bornite Project.

(D) After the date of enactment of this Act, no patent

shall be issued for any mining claim under the general

mining laws located within the Bornite Project Area.

(9) WATER IMPOUNDMENTS.—Notwithstanding the Federal

Power Act (16 U.S.C. 791a et seq.), the Federal Energy Regulatory Commission may not license the construction of any

dam, water conduit, reservoir, powerhouse, transmission line,

or other project work in the Scenic Recreation Area, except

as may be necessary to comply with the provisions of paragraph

(8) with regard to the Bornite Project.

(10) RECREATIONS.—

(A) RECOGNITION.—Congress recognizes recreation as

an appropriate use of the Scenic Recreation Area.

(B) MINIMUM LEVELS.—The management plan shall

permit recreation activities at not less than the levels in

existence on the date of enactment of this Act.

(C) HIGHER LEVELS.—The management plan may

provide for levels of recreation use higher than the levels

in existence on the date of enactment of this Act if such

uses are consistent with the protection of the resource

values of the Scenic Recreation Area.

(D) The management plan may include public trail

access through section 28, township 8 south, range 5 east,

Willamette Meridian, to Battle Ax Creek, Opal Pool and
110 STAT. 4220 PUBLIC LAW 104–333—NOV. 12, 1996

other areas in the Opal Creek Wilderness and the Opal

Creek Scenic Recreation Area.

(11) PARTICIPATION.—So that the knowledge, expertise, and

views of all agencies and groups may contribute affirmatively

to the most sensitive present and future use of the Scenic

Recreation Area and its various subareas for the benefit of

the public:

(A) ADVISORY COUNCIL.—The Secretary shall consult

on a periodic and regular basis with the advisory council

established under subsection (e) with respect to matters

relating to management of the Scenic Recreation Area.

(B) PUBLIC PARTICIPATION.—The Secretary shall seek

the views of private groups, individuals, and the public

concerning the Scenic Recreation Area.

(C) OTHER AGENCIES.—The Secretary shall seek the

views and assistance of, and cooperate with, any other

Federal, State, or local agency with any responsibility for

the zoning, planning, or natural resources of the Scenic

Recreation Area.

(D) NONPROFIT AGENCIES AND ORGANIZATIONS.—The

Secretary shall seek the views of any nonprofit agency

or organization that may contribute information or expertise about the resources and the management of the Scenic

Recreation Area.

(e) ADVISORY COUNCIL.—

(1) ESTABLISHMENT.—Not later than 90 days after the

establishment of the Scenic Recreation Area, the Secretary

shall establish an advisory council for the Scenic Recreation

Area.

(2) MEMBERSHIP.—The advisory council shall consist of not

more than 13 members, of whom—

(A) 1 member shall represent Marion County, Oregon,

and shall be designated by the governing body of the

county;

(B) 1 member shall represent the State of Oregon

and shall be designated by the Governor of Oregon;

(C) 1 member shall represent the City of Salem, and

shall be designated by the mayor of Salem, Oregon;

(D) 1 member from a city within a 25-mile radius

of the Opal Creek Scenic Recreation Area, to be designated

by the Governor of the State of Oregon from a list of

candidates provided by the mayors of the cities located

within a 25-mile radius of the Opal Creek Scenic Recreation

Area; and

(E) not more than 9 members shall be appointed by

the Secretary from among persons who, individually or

through association with a national or local organization,

have an interest in the administration of the Scenic Recreation Area, including, but not limited to, representatives

of the timber industry, environmental organizations, the

mining industry, inholders in the Opal Creek Wilderness

and Scenic Recreation Area, economic development

interests and Indian tribes.

(3) STAGGERED TERMS.—Members of the advisory council

shall serve for staggered terms of 3 years.

(4) CHAIRMAN.—The Secretary shall designate 1 member

of the advisory council as chairman.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4221

(5) VACANCIES.—The Secretary shall fill a vacancy on the

advisory council in the same manner as the original appointment.

(6) COMPENSATION.—Members of the advisory council shall

receive no compensation for their service on the advisory

council.

(f) GENERAL PROVISIONS.—

(1) LAND ACQUISITION.—

(A) IN GENERAL.—Subject to the other provisions of

this section, the Secretary may acquire any lands or

interests in land in the Scenic Recreation Area or the

Opal Creek Wilderness that the Secretary determines are

needed to carry out this section.

(B) PUBLIC LAND.—Any lands or interests in land

owned by a State or a political subdivision of a State

may be acquired only by donation or exchange.

(C) CONDEMNATION.—Within the boundaries of the

Opal Creek Wilderness or the Scenic Recreation Area, the

Secretary may not acquire any privately owned land or

interest in land without the consent of the owner unless

the Secretary finds that—

(i) the nature of land use has changed significantly,

or the landowner has demonstrated intent to change

the land use significantly, from the use that existed

on the date of the enactment of this Act; and

(ii) acquisition by the Secretary of the land or

interest in land is essential to ensure use of the land

or interest in land in accordance with the purposes

of this title or the management plan prepared under

subsection (d)(2).

(D) Nothing in this section shall be construed to

enhance or diminish the condemnation authority available

to the Secretary outside the boundaries of the Opal Creek

Wilderness or the Scenic Recreation Area.

(2) ENVIRONMENTAL RESPONSE ACTIONS AND COST

RECOVERY.—

(A) RESPONSE ACTIONS.—Nothing in this section shall

limit the authority of the Secretary or a responsible party

to conduct an environmental response action in the Scenic

Recreation Area in connection with the release, threatened

release, or cleanup of a hazardous substance, pollutant,

or contaminant, including a response action conducted

under the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. 9601

et seq.).

(B) LIABILITY.—Nothing in this section shall limit the

authority of the Secretary or a responsible party to recover

costs related to the release, threatened release, or cleanup

of any hazardous substance or pollutant or contaminant

in the Scenic Recreation Area.

(3) MAPS AND DESCRIPTION.—

(A) IN GENERAL.—As soon as practicable after the date

of enactment of this Act, the Secretary shall file a map

and a boundary description for the Opal Creek Wilderness

and for the Scenic Recreation Area with the Committee

on Resources of the House of Representatives and the

Committee on Energy and Natural Resources of the Senate.
110 STAT. 4222 PUBLIC LAW 104–333—NOV. 12, 1996

(B) FORCE AND EFFECT.—The boundary description and

map shall have the same force and effect as if the description and map were included in this section, except that

the Secretary may correct clerical and typographical errors

in the boundary description and map.

(C) AVAILABILITY.—The map and boundary description

shall be on file and available for public inspection in the

Office of the Chief of the Forest Service, Department of

Agriculture.

(4) SAVINGS PROVISION.—Nothing in this section shall interfere with activity for which a special use permit has been

issued, has not been revoked, and has not expired, before the

date of enactment of this Act, subject to the terms of the

permit.

(g) ROSBORO LAND EXCHANGE.—

(1) AUTHORIZATION.—Notwithstanding any other law, if the

Rosboro Lumber Company (referred to in this subsection as

‘‘Rosboro’’) offers and conveys marketable title to the United

States to the land described in paragraph (2), the Secretary

of Agriculture shall convey all right, title and interest held

by the United States to sufficient lands described in paragraph

(3) to Rosboro, in the order in which they appear in this

subsection, as necessary to satisfy the equal value requirements

of paragraph (4).

(2) LAND TO BE OFFERED BY ROSBORO.—The land referred

to in paragraph (1) as the land to be offered by Rosboro

shall comprise Section 36, Township 8 South, Range 4 East,

Willamette Meridian.

(3) LAND TO BE CONVEYED BY THE UNITED STATES.—The

land referred to in paragraph (1) as the land to be conveyed

by the United States shall comprise sufficient land from the

following prioritized list to be equal value under paragraph

(4):

(A) Section 5, Township 17 South, Range 4 East, Lot

7 (37.63 acres);

(B) Section 2, Township 17 South, Range 4 East, Lot

3 (29.28 acres);

(C) Section 13, Township 17 South, Range 4 East,

S1⁄2SE1⁄4 (80 acres);

(D) Section 2, Township 17 South, Range 4 East,

SW1⁄4SW1⁄4 (40 acres);

(E) Section 2, Township 17 South, Range 4 East,

NW1⁄4SE1⁄4 (40 acres);

(F) Section 8, Township 17 South, Range 4 East,

SE1⁄4SW1⁄4 (40 acres);

(G) Section 11, Township 17 South, Range 4 East,

W1⁄2NW1⁄4 (80 acres);

(4) EQUAL VALUE.—The land and interests in land

exchanged under this subsection shall be of equal market value

as determined by nationally recognized appraisal standards,

including, to the extent appropriate, the Uniform Standards

for Federal Land Acquisition, the Uniform Standards of Professional Appraisal Practice, or shall be equalized by way of

payment of cash pursuant to the provisions of section 206(d)

of the Federal Land Policy and Management Act of 1976 (43

U.S.C. 1716(d)), and other applicable law. The appraisal shall

consider access costs for the parcels involved.

Rosboro Lumber

Company.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4223

(5) TIMETABLE.— (A) The exchange directed by this subsection shall

be consummated not later than 120 days after the date

Rosboro offers and conveys the property described in paragraph (2) to the United States.

(B) The authority provided by this subsection shall

lapse of Rosboro fails to offer the land described in paragraph (2) within 2 years after the date of enactment of

this Act.

(6) CHALLENGE.—Rosboro shall have the right to challenge

in the United States District Court for the District of Oregon

a determination of marketability under paragraph (1) and a

determination of value for the lands described in paragraphs

(2) and (3) by the Secretary of Agriculture. The court shall

have the authority to order the Secretary to complete the transaction contemplated in this subsection.

(7) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated such sums as are necessary to

carry out this subsection.

(h) DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC

RIVER.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.

1274(a)) is amended by adding at the end the following:

‘‘( )(A) ELKHORN CREEK.—The 6.4-mile segment traversing

federally administered lands from that point along the Willamette

National Forest boundary on the common section line between

Sections 12 and 13, Township 9 South, Range 4 East, Willamette

Meridian, to that point where the segment leaves Federal ownership

along the Bureau of Land Management boundary in Section 1,

Township 9 South, Range 3 East, Willamette Meridian, in the

following classes:

‘‘(i) a 5.8-mile wild river area, extending from that point

along the Willamette National Forest boundary on the common

section line between Sections 12 and 13, Township 9 South,

Range 4 East, Willamette Meridian, to its confluence with

Buck Creek in Section 1, Township 9 South, Range 3 East,

Willamette Meridian, to be administered as agreed on by the

Secretaries of Agriculture and the Interior, or as directed by

the President; and

‘‘(ii) a 0.6-mile scenic river area, extending from the

confluence with Buck Creek in Section 1, Township 9 South,

Range 3 East, Willamette Meridian, to that point where the

segment leaves Federal ownership along the Bureau of Land

Management boundary in Section 1, Township 9 South, Range

3 East, Willamette Meridian, to be administered by the Secretary of Interior, or as directed by the President.

‘‘(B) Notwithstanding section 3(b) of this Act, the lateral boundaries of both the wild river area and the scenic river area along

Elkhorn Creek shall include an average of not more than 640

acres per mile measured from the ordinary high water mark on

both sides of the river.’’.

(i) ECONOMIC DEVELOPMENT.—

(1) ECONOMIC DEVELOPMENT PLAN.—As a condition for

receiving funding under paragraph (2), the State of Oregon,

in consultation with Marion County, Oregon, and the Secretary

of Agriculture, shall develop a plan for economic development

projects for which grants under this subsection may be used

in a manner consistent with this section and to benefit local

Courts.
110 STAT. 4224 PUBLIC LAW 104–333—NOV. 12, 1996

communities in the vicinity of the Opal Creek area. Such plan

shall be based on an economic opportunity study and other

appropriate information.

(2) FUNDS PROVIDED TO THE STATES FOR GRANTS.—Upon

completion of the Opal Creek Management Plan, and receipt

of the plan referred to in paragraph (1), the Secretary shall

provide, subject to appropriations, $15,000,000 to the State

of Oregon. Such funds shall be used to make grants or loans

for economic development projects that further the purposes

of this section and benefit the local communities in the vicinity

of the Opal Creek area.

(3) REPORT.—The State of Oregon shall—

(A) prepare and provide the Secretary and Congress

with an annual report on the use of the funds made available under this subsection;

(B) make available to the Secretary and to Congress,

upon request, all accounts, financial records, and other

information related to grants and loans made available

pursuant to this subsection; and

(C) as loans are repaid, make additional grants and

loans with the money made available for obligation by

such repayments.

SEC. 1024. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION

PROJECTS.

(a) DEFINITIONS.—In this section:

(1) ECOSYSTEM RESTORATION OFFICE.—The term

‘‘Ecosystem Restoration Office’’ means the Klamath Basin Ecosystem Restoration Office operated cooperatively by the United

States Fish and Wildlife Service, Bureau of Reclamation,

Bureau of Land Management, and Forest Service.

(2) WORKING GROUP.—The term ‘‘Working Group’’ means

the Upper Klamath Basin Working Group, established before

the date of enactment of this title, consisting of members nominated by their represented groups, including—

(A) three tribal members;

(B) one representative of the City of Klamath Falls,

Oregon;

(C) one representative of Klamath County, Oregon;

(D) one representative of institutions of higher education in the Upper Klamath Basin;

(E) four representatives of the environmental community, including at least one such representative from the

State of California with interests in the Klamath Basin

National Wildlife Refuge Complex;

(F) four representatives of local businesses and industries, including at least one representative of the forest

products industry and one representative of the ocean

commercial fishing industry and/or the recreational fishing

industry based in either Oregon or California;

(G) four representatives of the ranching and farming

community, including representatives of Federal lease-land

farmers and ranchers and of private land farmers and

ranchers in the Upper Klamath Basin;

(H) two representatives from State of Oregon agencies

with authority and responsibility in the Klamath River

Basin, including one from the Oregon Department of Fish

Records.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4225

and Wildlife and one from the Oregon Water Resources

Department;

(I) four representatives from the local community;

(J) one representative each from the following Federal

resource management agencies in the Upper Klamath

Basin: Fish and Wildlife Service, Bureau of Reclamation,

Bureau of Land Management, Bureau of Indian Affairs,

Forest Service, Natural Resources Conservation Service,

National Marine Fisheries Service and Ecosystem Restoration Office; and

(K) one representative of the Klamath County Soil

and Water Conservation District.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) TASK FORCE.—The term ‘‘Task Force’’ means the

Klamath River Basin Fisheries Task Force as established by

the Klamath River Basin Fishery Resource Restoration Act

(Public Law 99–552, 16 U.S.C. 460ss–3 et seq.).

(5) COMPACT COMMISSION.—The term ‘‘Compact Commission’’ means the Klamath River Basin Compact Commission

created pursuant to the Klamath River Compact Act of 1954.

(6) CONSENSUS.—The term ‘‘consensus’’ means a unanimous

agreement by the Working Group members present and consisting of at least a quorum at a regularly scheduled business

meeting.

(7) QUORUM.—The term ‘‘quorum’’ means one more than

half of those qualified Working Group members appointed and

eligible to serve.

(8) TRINITY TASK FORCE.—The term ‘‘Trinity Task Force’’

means the Trinity River Restoration Task Force created by

Public Law 98–541, as amended by Public Law 104–143.

(b) IN GENERAL.—

(1) The Working Group through the Ecosystem Restoration

Office, with technical assistance from the Secretary, will propose ecological restoration projects, economic development and

stability projects, and projects designed to reduce the impacts

of drought conditions to be undertaken in the Upper Klamath

Basin based on a consensus of the Working Group membership.

(2) The Secretary shall pay, to the greatest extent feasible,

up to 50 percent of the cost of performing any project approved

by the Secretary or his designee, up to a total amount of

$1,000,000 during each of fiscal years 1997 through 2001.

(3) Funds made available under this title through the

Department of the Interior or the Department of Agriculture

shall be distributed through the Ecosystem Restoration Office.

(4) The Ecosystem Restoration Office may utilize not more

than 15 percent of all Federal funds administered under this

section for administrative costs relating to the implementation

of this section.

(5) All funding recommendations developed by the Working

Group shall be based on a consensus of Working Group

members.

(c) COORDINATION.—(1) The Secretary shall formulate a

cooperative agreement among the working group, the Task Force,

the Trinity Task Force and the Compact Commission for the purposes of ensuring that projects proposed and funded through the

Working Group are consistent with other basin-wide fish and wildlife
110 STAT. 4226 PUBLIC LAW 104–333—NOV. 12, 1996

restoration and conservation plans, including but not limited

to plans developed by the Task Force and the Compact Commission.

(2) To the greatest extent practicable, the Working Group shall

provide notice to, and accept input from, two members each of

the Task Force, the Trinity Task Force, and the Compact Commission, so appointed by those entities, for the express purpose of

facilitating better communication and coordination regarding additional basin-wide fish and wildlife and ecosystem restoration and

planning efforts. The roles and relationships of the entities involved

shall be clarified in the cooperative agreement.

(d) PUBLIC MEETINGS.—The Working Group shall conduct all

meetings subject to Federal open meeting and public participation

laws. The chartering requirements of the Federal Advisory

Committee Act (5 U.S.C. App.) are hereby deemed to have been

met by this section.

(e) TERMS AND VACANCIES.—Working Group Members shall

serve for three-year terms, beginning on the date of enactment

of this title. Vacancies which occur for any reason after the

date of enactment of this title shall be filled by direct appointment

of the Governor of the State of Oregon, in consultation with the

Secretary of the Interior and the Secretary of Agriculture, in accordance with nominations from the appropriate groups, interests, and

government agencies outlined in subsection (a)(2).

(f) RIGHTS, DUTIES AND AUTHORITIES UNAFFECTED.—The

Working Group will supplement, rather than replace, existing

efforts to manage the natural resources of the Klamath Basin.

Nothing in this section affects any legal right, duty or authority

of any person or agency, including any member of the Working

Group.

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $1,000,000 for each

of fiscal years 1997 through 2002.

SEC. 1025. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.

(a) DEFINITIONS.—In this section:

(1) WORKING GROUP.—The term ‘‘Working Group’’ means

the Deschutes River Basin Working Group established before

the date of enactment of this title, consisting of members nominated by their represented groups, including—

(A) five representatives of private interests including

one each from hydroelectric production, livestock grazing,

timber, land development, and recreation/tourism;

(B) four representatives of private interests including

two each from irrigated agriculture and the environmental

community;

(C) two representatives from the Confederated Tribes

of the Warm Springs Reservation of Oregon;

(D) two representatives from Federal agencies with

authority and responsibility in the Deschutes River Basin,

including one from the Department of the Interior and

one from the Agriculture Department;

(E) two representatives from the State of Oregon agencies with authority and responsibility in the Deschutes

River Basin, including one from the Oregon Department

of Fish and Wildlife and one from the Oregon Water

Resources Department; and

Notification.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4227

(F) four representatives from county or city governments within the Deschutes River Basin county and/or

city governments.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(3) FEDERAL AGENCIES.—The term ‘‘Federal agencies’’

means agencies and departments of the United States, including, but not limited to, the Bureau of Reclamation, Bureau

of Indian Affairs, Bureau of Land Management, Fish and Wildlife Service, Forest Service, Natural Resources Conservation

Service, Farm Services Agency, the National Marine Fisheries

Service, and the Bonneville Power Administration.

(4) CONSENSUS.—The term ‘‘consensus’’ means a unanimous

agreement by the Working Group members present and

constituting at least a quorum at a regularly scheduled business

meeting.

(5) QUORUM.—The term ‘‘quorum’’ means one more than

half of those qualified Working Group members appointed and

eligible to serve.

(b) IN GENERAL.—

(1) The Working Group will propose ecological restoration

projects on both Federal and non-Federal lands and waters

to be undertaken in the Deschutes River Basin based on a

consensus of the Working Group, provided that such projects,

when involving Federal land or funds, shall be proposed to

the Bureau of Reclamation in the Department of the Interior

and any other Federal agency with affected land or funds.

(2) The Working Group will accept donations, grants or

other funds and place such funds received into a trust fund,

to be expended on ecological restoration projects which, when

involving Federal land or funds, are approved by the affected

Federal agency.

(3) The Bureau of Reclamation shall pay from funds

authorized under subsection (h) of this title up to 50 percent

of the cost of performing any project proposed by the Working

Group and approved by the Secretary, up to a total amount

of $1,000,000 during each of the fiscal years 1997 through

2001.

(4) Non-Federal contributions to project costs for purposes

of computing the Federal matching share under paragraph

(3) of this subsection may include in-kind contributions.

(5) Funds authorized in subsection (h) of this section shall

be maintained in and distributed by the Bureau of Reclamation

in the Department of the Interior. The Bureau of Reclamation

shall not expend more than 5 percent of amounts appropriated

pursuant to subsection (h) for Federal administration of such

appropriations pursuant to this section.

(6) The Bureau of Reclamation is authorized to provide

by grant to the Working Group not more than 5 percent of

funds appropriated pursuant to subsection (h) of this title for

not more than 50 percent of administration costs relating to

the implementation of this section.

(7) The Federal agencies with authority and responsibility

in the Deschutes River Basin shall provide technical assistance

to the Working Group and shall designate representatives to

serve as members of the Working Group.
110 STAT. 4228 PUBLIC LAW 104–333—NOV. 12, 1996

(8) All funding recommendations developed by the Working

Group shall be based on a consensus of the Working Group

members.

(c) PUBLIC NOTICE AND PARTICIPATION.—The Working Group

shall conduct all meetings subject to applicable open meeting and

public participation laws. The activities of the Working Group and

the Federal agencies pursuant to the provisions of this title are

exempt from the provisions of title 5, United States Code, Appendix

2, sections 1–15.

(d) PRIORITIES.—The Working Group shall give priority to

voluntary market-based economic incentives for ecosystem restoration including, but not limited to, water leases and purchases;

land leases and purchases; tradable discharge permits; and acquisition of timber, grazing, and land development rights to implement

plans, programs, measures, and projects.

(e) TERMS AND VACANCIES.—Members of the Working Group

representing governmental agencies or entities shall be named by

the represented government. Members of the Working Group representing private interests shall be named in accordance with the

articles of incorporation and bylaws of the Working Group. Representatives from Federal agencies will serve for terms of 3 years.

Vacancies which occur for any reason after the date of enactment

of this title shall be filled in accordance with this title.

(f) ADDITIONAL PROJECTS.—Where existing authority and appropriations permit, Federal agencies may contribute to the

implementation of projects recommended by the Working Group

and approved by the Secretary.

(g) RIGHTS, DUTIES AND AUTHORITIES UNAFFECTED.—The

Working Group will supplement, rather than replace, existing

efforts to manage the natural resources of the Deschutes Basin.

Nothing in this title affects any legal right, duty or authority

of any person or agency, including any member of the Working

Group.

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this title $1,000,000 for each of

fiscal years 1997 through 2001.

SEC. 1026. BULL RUN PROTECTION.—

(a) AMENDMENTS TO PUBLIC LAW 95–200.—

(1) The first sentence of section 2(a) of the Public Law

95–200 is amended by striking ‘‘2(b)’’ and inserting in lieu

thereof ‘‘2(c)’’.

(2) The first sentence of section 2(b) of Public Law 95–

200 is amended after ‘‘the policy set forth in subsection (a)’’

by inserting ‘‘and (b)’’.

(3) Subsections (b), (c), (d), and (e) of section 2 of Public

Law 95–200 are redesignated as subsections (c), (d), (e), and

(f), respectively.

(4) Section 2 of Public Law 95–200 is amended by inserting

after subsection (a) the following new subsection:

‘‘(b) TIMBER CUTTING.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary

of Agriculture shall prohibit the cutting of trees in that part

of the unit consisting of the hydrographic boundary of the

Bull Run River Drainage, including certain lands within the

unit and located below the headworks of the city of Portland,

Oregon’s water storage and delivery project, and as depicted

16 USC 482b

note.

Oregon.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4229

in a map dated July 22, 1996, and entitled ‘Bull Run River

Drainage’.

‘‘(2) PERMITTED CUTTING.—

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the

Secretary of Agriculture shall prohibit the cutting of trees

in the area described in subparagraph (1).

‘‘(B) PERMITTED CUTTING.—Subject to subparagraph

(C), the Secretary may only allow the cutting of trees

in the area described in subparagraph (1)—

‘‘(i) for the protection or enhancement of water

quality in the area described in subparagraph (1); or

‘‘(ii) for the protection, enhancement, or maintenance of water quantity available from the area

described in subparagraph (1); or

‘‘(iii) for the construction, expansion, protection

or maintenance of municipal water supply facilities;

or

‘‘(iv) for the construction, expansion, protection or

maintenance of facilities for the transmission of energy

through and over the unit or previously authorized

hydroelectric facilities or hydroelectric projects associated with municipal water supply facilities.

‘‘(C) SALVAGE SALES.—The Secretary of Agriculture

may not authorize a salvage sale in the area described

in subparagraph (1).’’.

(b) REPORT TO CONGRESS.—The Secretary of Agriculture shall,

in consultation with the city of Portland and other affected parties

undertake a study of that part of the Little Sandy Watershed

that is within the unit (hereinafter referred to as the ‘‘study area’’).

The study shall determine—

(1) the impact of management activities within the study

area on the quality of drinking water provided to the Portland

Metropolitan area;

(2) the identity and location of certain ecological features

within the study area, including late successional forest

characteristics, aquatic and terrestrial wildlife habitat, significant hydrological values, or other outstanding natural features;

and

(3) the location and extent of any significant cultural or

other values within the study area.

(c) RECOMMENDATIONS.—The study referred to in subsection

(b) shall include both legislative and regulatory recommendations

to Congress on the future management of the study area. In formulating such recommendations, the Secretary shall consult with the

City of Portland and other affected parties.

(d) EXISTING DATA AND PROCESSES.—To the greatest extent

possible, the Secretary shall use exiting data and processes to

carry out the study and report.

(e) SUBMISSION TO CONGRESS.—The study referred to in subsection (b) shall be submitted to the Senate Committees on Energy

and Natural Resources and Agriculture and the House Committees

on Resources and Agriculture not later than one year from the

date of enactment of this section.

(f) MORATORIUM.—The Secretary is prohibited from advertising,

offering or awarding any timber sale within the study area for

a period of two years after the date of enactment of this section.
110 STAT. 4230 PUBLIC LAW 104–333—NOV. 12, 1996

(g) WATER RIGHTS.—Nothing in this section shall in any way

affect any State or Federal law governing appropriation, use of

or Federal right to water on or flowing through National Forest

System lands. Nothing in this section is intended to influence

the relative strength of competing claims to the waters of the

Little Sandy River. Nothing in this section shall be construed to

expand or diminish Federal, State, or local jurisdiction,

responsibility, interests, or rights in water resources development

or control, including rights in and current uses of water resources

in the unit.

(h) OTHER LANDS IN UNIT.—Lands within the Bull Run

Management Unit, as defined in Public Law 95–200, but not

contained within the Bull Run River Drainage, as described in

the amendment made by subsection (a)(4) of this section and as

depicted on the map dated July 22, 1996, and entitled ‘‘Bull Run

River Drainage’’, shall continue to be managed in accordance with

Public Law 95–200.

SEC. 1027. OREGON ISLANDS WILDERNESS, ADDITIONS.

(a) DESIGNATION.—In furtherance of the purposes of the Wilderness Act of 1964, certain lands within the boundaries of the Oregon

Islands National Wildlife Refuge, Oregon, comprising approximately

95 acres and as generally depicted on a map entitled ‘‘Oregon

Island Wilderness Additions—Proposed’’ dated August 1996, are

hereby designated as wilderness. The map shall be on file and

available for public inspection in the offices of the Fish and Wildlife

Service, Department of Interior.

(b) OTHER AREAS WITHIN REFUGE BOUNDARIES.—All other

federally-owned named, unnamed, surveyed and unsurveyed rocks,

reefs, islets and islands lying within three geographic miles off

the coast of Oregon and above mean high tide, not currently designated as wilderness and also within the Oregon Islands National

Wildlife Refuge boundaries under the administration of the United

States Fish and Wildlife Service, Department of Interior, as designated by Executive Order 7035, Proclamation 2416, Public Land

Orders 4395, 4475 and 6287, and Public Laws 91–504 and 95–

450, are hereby designated as wilderness.

(c) AREAS UNDER BLM JURISDICTION.—All federally-owned

named, unnamed, surveyed and unsurveyed rocks, reefs, islets and

islands lying within three geographic miles off the coast of Oregon

and above mean high tide, and presently under the jurisdiction

of the Bureau of Land Management, except Chiefs Islands, are

hereby designated as wilderness, shall become part of the Oregon

Islands National Wildlife Refuge and the Oregon Islands Wilderness

and shall be under the jurisdiction of the United States Fish and

Wildlife Service, Department of the Interior.

(d) MAP AND DESCRIPTION.—As soon as practicable after this

Act takes effect, a map of the wilderness area and a description

of its boundaries shall be filed with the Senate Committee on

Energy and Natural Resources and the House Committee on

Resources, and such map shall have the same force and effect

as if included in this section: Provided however, That correcting

clerical and typographical errors in the map and land descriptions

may be made.

(e) ORDER 6287.—Public Land Order 6287 of June 16, 1982,

which withdrew certain rocks, reefs, islets, and islands lying within

three geographical miles off the coast of Oregon and above mean

16 USC 1132

note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4231

high tide, including the 95 acres described in subsection (a), as

an addition to the Oregon Islands National Wildlife Refuge is hereby

made permanent.

SEC. 1028. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND

DIRECTION.

(a) IN GENERAL.—The Secretaries of the Interior and

Agriculture (Secretaries) are hereby authorized and directed to

consult, coordinate and cooperate with the Umpqua Land Exchange

Project (ULEP), affected units and agencies of State and local

government, and, as appropriate, the World Forestry Center and

National Fish and Wildlife Foundation, to assist ULEP’s ongoing

efforts in studying and analyzing land exchange opportunities in

the Umpqua River basin and to provide scientific, technical,

research, mapping and other assistance and information to such

entities. Such consultation, coordination and cooperation shall at

a minimum include, but not be limited to—

(1) working with ULEP to develop or assemble comprehensive scientific and other information (including comprehensive

and integrated mapping) concerning the Umpqua River basin’s

resources of forest, plants, wildlife, fisheries (anadromous and

other), recreational opportunities, wetlands, riparian habitat

and other physical or natural resources;

(2) working with ULEP to identify general or specific areas

within the basin where land exchanges could promote consolidation of forestland ownership for long-term, sustained timber

production; protection and restoration of habitat for plants,

fish and wildlife (including any federally listed threatened or

endangered species); protection of drinking water supplies;

recovery of threatened and endangered species; protection and

restoration of wetlands, riparian lands and other environmentally sensitive areas; consolidation of land ownership for

improved public access and a broad array of recreational uses;

and consolidation of land ownership to achieve management

efficiency and reduced costs of administration; and

(3) developing a joint report for submission to the Congress

which discusses land exchange opportunities in the basin and

outlines either a specific land exchange proposal or proposals

which may merit consideration by the Secretaries or the

Congress, or ideas and recommendations for new authorizations, direction, or changes in existing law or policy to expedite

and facilitate the consummation of beneficial land exchanges

in the basin via administrative means.

(b) MATTERS FOR SPECIFIC STUDY.—In analyzing land exchange

opportunities with ULEP, the Secretaries shall give priority to

assisting ULEP’s ongoing efforts in:

(1) studying, identifying, and mapping areas where the

consolidation of land ownership via land exchanges could

promote the goals of long term species and watershed protection

and utilization, including but not limited to the goals of the

Endangered Species Act of 1973 more effectively than current

land ownership patterns and whether any changes in law or

policy applicable to such lands after consummation of an exchange would be advisable or necessary to achieve such goals;

(2) studying, identifying and mapping areas where land

exchanges might be utilized to better satisfy the goals of

sustainable timber harvest, including studying whether changes

Reports.
110 STAT. 4232 PUBLIC LAW 104–333—NOV. 12, 1996

in existing law or policy applicable to such lands after

consummation of an exchange would be advisable or necessary

to achieve such goals;

(3) identifying issues and studying options and alternatives,

including possible changes in existing law or policy, to ensure

that combined post-exchange revenues to units of local government from State and local property, severance and other taxes

or levies and shared Federal land receipts will approximate

pre-exchange revenues;

(4) identifying issues and studying whether possible

changes in law, special appraisal instruction, or changes in

certain Federal appraisal procedures might be advisable or

necessary to facilitate the appraisal of potential exchange lands

which may have special characteristics or restrictions affecting

land values;

(5) identifying issues and studying options and alternatives,

including changes in existing laws or policy, for achieving land

exchanges without reducing the net supply of timber available

to small businesses;

(6) identifying, mapping, and recommending potential

changes in land use plans, land classifications, or other actions

which might be advisable or necessary to expedite, facilitate

or consummate land exchanges in certain areas;

(7) analyzing potential sources for new or enhanced

Federal, State, or other funding to promote improved resource

protection, species recovery, and management in the basin;

and

(8) identifying and analyzing whether increased efficiency

and better land and resource management could occur through

either consolidation of Federal forest management under one

agency or exchange of lands between the Forest Service and

Bureau of Land Management.

(c) REPORT TO CONGRESS.—No later than February 1, 1998,

ULEP and the Secretaries shall submit a joint report to the

Committee on Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources

of the United States Senate concerning their studies, findings,

recommendations, mapping and other activities conducted pursuant

to this section.

(d) AUTHORIZATION OF APPROPRIATIONS.—In furtherance of the

purposes of this section, there is hereby authorized to be appropriated the sum of $2,000,000, to remain available until expended.

SEC. 1029. BOSTON HARBOR ISLANDS RECREATION AREA.

(a) PURPOSES.—The purposes of this section are—

(1) to preserve for public use and enjoyment the lands

and waters that comprise the Boston Harbor Islands National

Recreation Area;

(2) to manage the recreation area in partnership with the

private sector, the Commonwealth of Massachusetts, municipalities surrounding Massachusetts and Cape Cod Bays, the

Thompson Island Outward Bound Education Center, and

Trustees of Reservations, and with historical, business, cultural,

civic, recreational and tourism organizations;

(3) to improve access to the Boston Harbor Islands through

the use of public water transportation; and

Massachusetts.

16 USC 460kkk.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4233

(4) to provide education and visitor information programs

to increase public understanding of and appreciation for the

natural and cultural resources of the Boston Harbor Islands,

including the history of Native American use and involvement.

(b) DEFINITIONS.—For the purposes of this section—

(1) the term recreation area means the Boston Harbor

Islands National Recreation Area established by subsection (c);

and

(2) the term ‘‘Secretary’’ means the Secretary of the

Interior.

(c) BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.—

(1) ESTABLISHMENT.—In order to preserve for the benefit

and inspiration of the people of the United States as a national

recreation area certain lands located in Massachusetts Bay,

there is established as a unit of the National Park System

the Boston Harbor Islands National Recreation Area.

(2) BOUNDARIES.—(A) The recreation area shall be

comprised of the lands, waters, and submerged lands generally

depicted on the map entitled ‘‘Proposed Boston Harbor Islands

NRA’’, numbered BOHA 80,002, and dated September 1996.

Such map shall be on file and available for public inspection

in the appropriate offices of the National Park Service. After

advising the Committee on Resources of the House of Representatives and the Committee on Energy and Natural

Resources of the Senate, in writing, the Secretary may make

minor revisions of the boundaries of the recreation area when

necessary by publication of a revised drawing or other boundary

description in the Federal Register.

(B) The recreation area shall include the following:

(i) The areas depicted on the map reference in subparagraph (A).

(ii) Landside points required for access, visitor services,

and administration in the city of Boston along its

Harborwalk and at Long Wharf, Fan Pier, John F. Kennedy

Library, and the Custom House; Charlestown Navy Yard;

Old Northern Avenue Bridge; the city of Quincy at

Squantum Point/Marina Bay, the Fore River Shipyard, and

Town River; the Town of Hingham at Hewitt’s Cove; the

Town of Hull; the city of Salem at Salem National Historic

Site; and the city of Lynn at the Heritage State Park.

(d) ADMINISTRATION OF RECREATION AREA.—

(1) IN GENERAL.—The recreation area shall be administered

in partnership by the Secretary, the Commonwealth of

Massachusetts, City of Boston and its applicable subdivisions

and others in accordance with the provisions of law generally

applicable to units of the National Park System, including

the Act entitled ‘‘An Act to establish a National Park Service,

and for other purposes’’, approved August 25, 1916 (39 Stat.

535; 16 U.S.C. 1, 2, 3, and 4), and the Act of August 21,

1935 (49 Stat. 666; 16 U.S.C. 461–467) as amended and supplemented and in accordance with the integrated management

plan specified in subsection (f).

(2) STATE AND LOCAL JURISDICTION.—Nothing in this section shall be construed to diminish, enlarge, or modify any

right of the Commonwealth of Massachusetts or any political

subdivision thereof, to exercise civil and criminal jurisdiction

or to carry out State laws, rules, and regulations within the
110 STAT. 4234 PUBLIC LAW 104–333—NOV. 12, 1996

recreation area, including those relating to fish and wildlife,

or to tax persons, corporations, franchises, or private property

on the lands and waters included in the recreation area.

(3) COOPERATIVE AGREEMENTS.—The Secretary may consult

and enter into cooperative agreements with the Commonwealth

of Massachusetts or its political subdivisions to acquire from

and provide to the Commonwealth or its political subdivisions

goods and services to be used in the cooperative management

of lands within the recreation area, if the Secretary determines

that appropriations for that purpose are available and the

agreement is in the best interest of the United States.

(4) CONSTRUCTION OF FACILITIES ON NON-FEDERAL LANDS.—

In order to facilitate the administration of the recreation area,

the Secretary is authorized, subject to the appropriation of

necessary funds in advance, to construct essential administrative or visitor use facilities on non-Federal public lands within

the recreation area. Such facilities and the use thereof shall

be in conformance with applicable plans

(5) OTHER PROPERTY, FUNDS, AND SERVICES.—The Secretary

may accept and use donated funds, property, and services to

carry out this section.

(6) RELATIONSHIP OF RECREATION AREA TO BOSTON-LOGAN

INTERNATIONAL AIRPORT.—With respect to the recreation area,

the present and future maintenance, operation, improvement

and use of Boston-Logan International Airport and associated

flight patterns from time to time in effect shall not be deemed

to constitute the use of publicly owned land of a public park,

recreation area, or other resource within the meaning of section

303(c) of title 49, United States Code, and shall not be deemed

to have a significant effect on natural, scenic, and recreation

assets within the meaning of section 47101(h)(2) of title 49,

United States Code.

(7) MANAGEMENT IN ACCORDANCE WITH INTEGRATED

MANAGEMENT PLAN.—The Secretary shall preserve, interpret,

manage, and provide educational and recreational uses for the

recreation area, in consultation with the owners and managers

of lands in the recreation area, in accordance with the

integrated management plan.

(e) BOSTON HARBOR ISLANDS PARTNERSHIP ESTABLISHMENT.—

(1) ESTABLISHMENT.—There is hereby established the

Boston Harbor Islands Partnership whose purpose shall be

to coordinate the activities of Federal, State, and local

authorities and the private sector in the development and

implementation of an integrated resource management plan

for the recreation area.

(2) MEMBERSHIP.—The Partnership shall be composed of

13 members, as follows:

(A) One individual, appointed by the Secretary, to

represent the National Park Service.

(B) One individual, appointed by the Secretary of

Transportation, to represent the United States Coast

Guard.

(C) Two individuals, appointed by the Secretary, after

consideration of recommendations by the Governor of

Massachusetts, to represent the Department of Environmental Management and the Metropolitan District

Commission.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4235

(D) One individual, appointed by the Secretary, after

consideration of recommendations by the Chair, to

represent the Massachusetts Port Authority.

(E) One individual, appointed by the Secretary, after

consideration of recommendations by the Chair, to

represent the Massachusetts Water Resources Authority.

(F) One individual, appointed by the Secretary, after

consideration of recommendations by the Mayor of Boston,

to represent the Office of Environmental Services of the

City of Boston.

(G) One individual, appointed by the Secretary, after

consideration of recommendations by the Chair, to

represent the Boston Redevelopment Authority.

(H) One individual, appointed by the Secretary, after

consideration of recommendations of the President of the

Thompson Island Outward Bound Education Center, to

represent the Center.

(I) One individual, appointed by the Secretary, after

consideration of recommendations of the Chair, to represent

the Trustees of Reservations.

(J) One individual, appointed by the Secretary, after

consideration of recommendations of the President of the

Island Alliance, to represent the Alliance, a nonprofit

organization whose sole purpose is to provide financial

support for the Boston Harbor Islands National Recreation

Area.

(K) Two individuals, appointed by the Secretary, to

represent the Boston Harbor Islands Advisory Council,

established in subsection (g).

(3) TERMS OF OFFICE; REAPPOINTMENT.—(A) Members of

the Partnership shall serve for terms of three years. Any

member may be reappointed for one additional 3-year term.

(B) The Secretary shall appoint the first members of the

Partnership within 30 days after the date on which the

Secretary has received all of the recommendations for appointment pursuant to subsections (b) (3), (4), (5), (6), (7), (8), (9),

and (10).

(C) A member may serve after the expiration of his or

her term until a successor has been appointed.

(4) COMPENSATION.—Members of the Partnership shall

serve without pay, but while away from their homes or regular

places of business in the performance of services for the Partnership, members shall be allowed travel expenses, including

per diem in lieu of subsistence, in the same manner as persons

employed intermittently in the Government service are allowed

expenses under section 5703 of title 5, United States Code.

(5) ELECTION OF OFFICERS.—The Partnership shall elect

one of its members as Chairperson and one as Vice Chairperson.

The term of office of the Chairperson and Vice Chairperson

shall be one year. The Vice Chairperson shall serve as chairperson in the absence of the Chairperson.

(6) VACANCY.—Any vacancy on the Partnership shall be

filled in the same manner in which the original appointment

was made.

(7) MEETINGS.—The Partnership shall meet at the call

of the Chairperson or a majority of its members.
110 STAT. 4236 PUBLIC LAW 104–333—NOV. 12, 1996

(8) QUORUM.—A majority of the Partnership shall

constitute a quorum.

(9) STAFF OF THE PARTNERSHIP.—The Secretary shall

provide the Partnership with such staff and technical assistance

as the Secretary, after consultation with the Partnership,

considers appropriate to enable the Partnership to carry out

its duties. The Secretary may accept the services of personnel

detailed from the Commonwealth of Massachusetts, any political subdivision of the Commonwealth or any entity represented

on the Partnership.

(10) HEARINGS.—The Partnership may hold such

hearings, sit and act at such times and places, take such

testimony, and receive such evidence as the Partnership may

deem appropriate.

(11) DONATIONS.—Nothwithstanding any other provision

of law, the Partnership may seek and accept donations of

funds, property, or services from individuals, foundations, corporations, and other private and public entities for the purpose

of carrying out this section.

(12) USE OF FUNDS TO OBTAIN MONEY.—The Partnership

may use its funds to obtain money from any source under

any program or law requiring the recipient of such money

to make a contribution in order to receive such money.

(13) MAILS.—The Partnership may use the United States

mails in the same manner and upon the same conditions as

other departments and agencies of the United States.

(14) OBTAINING PROPERTY.—The Partnership may obtain

by purchase, rental, donation, or otherwise, such property,

facilities, and services as may be needed to carry out its duties,

except that the Partnership may not acquire any real property

or interest in real property.

(15) COOPERATIVE AGREEMENTS.—For purposes of carrying

out the plan described in subsection (f), the Partnership may

enter into cooperative agreements with the Commonwealth of

Massachusetts, any political subdivision thereof, or with any

organization or person.

(f) INTEGRATED RESOURCE MANAGEMENT PLAN.—

(1) IN GENERAL.—Within three years after the date of enactment of this Act, the Partnership shall submit to the Secretary

a management plan for the recreation area to be developed

and implemented by the Partnership.

(2) CONTENTS OF PLAN.—The plan shall include (but not

be limited to) each of the following:

(A) A program providing for coordinated administration

of the recreation area with proposed assignment of

responsibilities to the appropriate governmental unit at

the Federal, State, and local levels, and nonprofit organizations, including each of the following:

(i) A plan to finance and support the public

improvements and services recommended in the plan,

including allocation of non-Federal matching requirements set forth in subsection (h)(2) and a delineation

of profit sector roles and responsibilities.

(ii) A program for the coordination and consolidation, to the extent feasible, of activities that may be

carried out by Federal, State, and local agencies having

jurisdiction over land and waters within the recreation
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4237

area, including planning and regulatory responsibilities.

(B) Policies and programs for the following purposes:

(i) Enhancing public outdoor recreational

opportunities in the recreation area.

(ii) Conserving, protecting, and maintaining the

scenic, historical, cultural, natural and scientific values

of the islands.

(iii) Developing educational opportunities in the

recreation area.

(iv) Enhancing public access to the Islands,

including development of transportation networks.

(v) Identifying potential sources of revenue from

programs or activities carried out within the recreation

area.

(vi) Protecting and preserving Native American

burial grounds connected with the King Philip’s War

internment period and other periods.

(C) A policy statement that recognizes existing

economic activities within the recreation area.

(3) DEVELOPMENT OF PLAN.—In developing the plan, the

Partnership shall—

(A) consult on a regular basis with appropriate officials

of any local government or Federal or State agency which

has jurisdiction over lands and waters within the recreation

area;

(B) consult with interested conservation, business,

professional, and citizen organizations; and

(C) conduct public hearings or meetings for the

purposes of providing interested persons with the opportunity to testify with respect to matters to be addressed

by the plan.

(4) APPROVAL OF PLAN.—(A) The Partnership shall submit

the plan to the Governor of Massachusetts for review. The

Governor shall have 90 days to review and make any

recommendations. After considering the Governor’s recommendations, the Partnership shall submit the plan to the

Secretary, who shall approve or disapprove the plan within

90 days. In reviewing the plan the Secretary shall consider

each of the following:

(i) The adequacy of public participation.

(ii) Assurances of plan implementation from State and

local officials.

(iii) The adequacy of regulatory and financial tools

that are in place to implement the plan.

(B) If the Secretary disapproves the plan, the Secretary

shall within 60 days after the date of such disapproval, advise

the Partnership in writing of the reasons therefore, together

with recommendations for revision. Within 90 days of receipt

of such notice of disapproval, the Partnership shall revise and

resubmit the plan to the Secretary who shall approve or

disapprove the revision within 60 days.

(5) INTERIM PROGRAM.—Prior to adoption of the Partnership’s plan, the Secretary and the Partnership shall assist

the owners and managers of lands and waters within the

recreation area to ensure that existing programs, services, and
110 STAT. 4238 PUBLIC LAW 104–333—NOV. 12, 1996

activities that promote the purposes of this section are

supported.

(g) BOSTON HARBOR ISLANDS ADVISORY COUNCIL.— (1) ESTABLISHMENT.—The Secretary, acting through the

Director of the National Park Service, shall establish an

advisory committee to be known as the Boston Harbor Islands

Advisory Council. The purpose of the Advisory Council shall

be to represent various groups with interests in the recreation

area and make recommendations to the Boston Harbor Islands

Partnership on issues related to the development and

implementation of the integrated resource management plan

developed under subsection (f). The Advisory Council is encouraged to establish committees relating to specific recreation area

management issues, including (but not limited to) education,

tourism, transportation, natural resources, cultural and historic

resources, and revenue raising activities. Participation on any

such committee shall not be limited to members of the Advisory

Council.

(2) MEMBERSHIP.—The Advisory Council shall consist of

not fewer than 18 individuals, to be appointed by the Secretary,

acting through the Director of the National Park Service. The

Secretary shall appoint no fewer than three individuals to

represent each of the following categories of entities: municipalities; educational and cultural institutions; environmental

organizations; business and commercial entities, including those

related to transportation, tourism and the maritime industry;

and Boston Harbor-related advocacy organizations; and

organizations representing Native American interests.

(3) PROCEDURES.—Each meeting of the Advisory Council

and its committees shall be open to the public.

(4) FACA.—The provisions of section 14 of the Federal

Advisory Committee Act (5 U.S.C. App.), are hereby waived

with respect to the Advisory Council.

(h) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated

such sums as may be necessary to carry out this section,

provided that no funds may be appropriated for land acquisition.

(2) MATCHING REQUIREMENT.—Amounts appropriated in

any fiscal year to carry out this section may only be expended

on a matching basis in a ration of at least three non-Federal

dollars to every Federal dollar. The non-Federal share of the

match may be in the form of cash, services, or in-kind contributions, fairly valued.

SEC. 1030. NATCHEZ NATIONAL HISTORICAL PARK.

Section 3 of the Act of October 8, 1988, entitled ‘‘An Act to

create a national park at Natchez, Mississippi’’ (16 U.S.C. 410oo

et seq.), is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ after ‘‘SEC. 3.’’; and

(2) by adding at the end the following:

‘‘(b) BUILDING FOR JOINT USE BY THE SECRETARY AND THE

CITY OF NATCHEZ.—

‘‘(1) CONTRIBUTION TOWARD CONSTRUCTION.—The Secretary

may enter into an agreement with the City of Natchez under

which the Secretary agrees to pay not to exceed $3,000,000

toward the planning and construction by the City of Natchez

16 USC 410oo–2.

Mississippi.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4239

of a structure to be partially used by the Secretary as an

administrative headquarters, administrative site, and visitors’

center for Natchez National Historical Park.

‘‘(2) USE FOR SATISFACTION OF MATCHING REQUIREMENTS.— The amount of payment under paragraph (1) may be available

for matching Federal grants authorized under other law

notwithstanding any limitations in any such law.

‘‘(3) AGREEMENT.—Prior to the execution of an agreement

under paragraph (1), and subject to the appropriation of

necessary funds in advance, the Secretary may enter into a

contract, lease, cooperative agreement, or other appropriate

form of agreement with the City of Natchez providing for the

use and occupancy of a portion of the structure constructed

under paragraph (1) (including appropriate use of the land

on which it is situated), at no cost to the Secretary (except

maintenance, utility, and other operational costs), for a period

of 50 years, with an option for renewal by the Secretary for

an additional 50 years.

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is

authorized to be appropriated $3,000,000 to carry out this subsection.’’.

SEC. 1031. SUBSTITUTION OF TIMBER FOR CANCELED TIMBER SALE.

(a) IN GENERAL.—Notwithstanding the provisions of the Act

of July 31, 1947 (30 U.S.C. 601 et seq.), and the requirements

of section 5402.0–6 of title 43, Code of Federal Regulations, the

Secretary of the Interior, acting through the Bureau of Land

Management, is authorized to substitute, without competition, a

contract for timber identified for harvest located on public lands

administered by the Bureau of Land Management in the State

of California of comparable value for the following terminated

timber contract: Elkhorn Ridge Timber Sale, Contract No.

CA–050–TS–88–01.

(b) DISCLAIMER.—Nothing in this section shall be construed

as changing any law or policy of the Federal Government beyond

the timber sale substitution specified in this section.

SEC. 1032. RURAL ELECTRIC AND TELEPHONE FACILITIES.

(a) IN GENERAL.—Section 504(g) of the Federal Land Policy

and Management Act of 1976 (43 U.S.C. 1764(g)) is amended by

striking ‘‘financed pursuant to the Rural Electrification Act of 1936,

as amended,’’ in the last sentence and inserting ‘‘eligible for financing pursuant to the Rural Electrification Act of 1936, as amended,

determined without regard to any application requirement under

that Act,’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to rights-of-way leases held on or after

the date of enactment of this Act.

SEC. 1033. FEDERAL BOROUGH RECOGNITION.

(a) Section 6901(2) of title 31, United States Code, is amended

to read as follows:

‘‘(2)(A) ‘unit of general local government’ means—

‘‘(i) a county (or parish), township, borough, or city

where the city is independent of any other unit of general

local government, that—

‘‘(I) is within the class or classes of such political

subdivision in a State that the Secretary of the Interior,

Applicability.

43 USC 1764

note.

California.
110 STAT. 4240 PUBLIC LAW 104–333—NOV. 12, 1996

in his discretion, determines to be the principal

provider or providers of governmental services within

the State; and

‘‘(II) is a unit of general government, as determined

by the Secretary of the Interior on the basis of the

same principles as were used by the Secretary of

Commerce on January 1, 1983, for general statistical

purposes;

‘‘(ii) any area in Alaska that is within the boundaries

of a census area used by the Secretary of Commerce in

the decennial census, but that is not included within the

boundary of a governmental entity described under

clause (i);

‘‘(iii) the District of Columbia;

‘‘(iv) the Commonwealth of Puerto Rico;

‘‘(v) Guam; and

‘‘(vi) the Virgin Islands.

‘‘(B) the term ‘governmental services’ includes, but is not

limited to, those services that relate to public safety, the

environment, housing, social services, transportation, and

governmental administration.’’.

(b) PAYMENT IN LIEU OF TAXES.—Section 6902(a) of title 31,

United States Code, is amended to read as follows:

‘‘(a)(1) Except as provided in paragraph (2), the Secretary of

the Interior shall make a payment for each fiscal year to each

unit of general local government in which entitlement land is

located as set forth in this chapter. A unit of general local government may use the payment for any governmental purpose.

‘‘(2) For each unit of general local government described in

section 6901(2)(A)(ii), the Secretary of the Interior shall make a

payment for each fiscal year to the State of Alaska for entitlement

land located within such unit as set forth in this chapter. The

State of Alaska shall distribute such payment to home rule cities

and general law cities (as such cities are defined by the State)

located within the boundaries of the unit of general local government for which the payment was received. Such cities may use

monies received under this paragraph for any governmental

purpose.’’.

SEC. 1034. EXTENSION OF STATUTE OF LIMITATIONS.

Notwithstanding any other provision of law, any of the Alaska

Native Village Corporations of Tyonek Native Corporation,

Ninilchik Native Association, Inc., Knikatnu Inc., Seldovia Native

Association, Inc., Chikaloon Moose Creek Native Association, Inc.,

and the Alaska Native Regional Corporation, Cook Inlet Region,

Inc. may commence litigation at any time within 12 months of

enactment of this Act in Federal District Court for Alaska to challenge any determination by the Department of the Interior that

such native corporations will not receive conveyance of lands

described in ‘‘Appendix C’’ of the Deficiency Agreement dated

August 31, 1976.

SEC. 1035. REGULATIONS OF FISHING IN CERTAIN WATERS OF ALASKA.

(a) IN GENERAL.—Local residents who are descendants of

Katmai residents who lived in the Naknek Lake and River Drainage

shall be permitted, subject to reasonable regulations established

by the Secretary of the Interior, to continue their traditional fishery

for red fish within Katmai National Park (the national park and

Alaska.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4241

national preserve redesignated, established, and expanded under

section 202(2) of the Alaska National Interest Lands Conservation

Act (16 U.S.C. 410hh–1)).

(b) RED FISH DEFINED.—For the purposes of subsection (a),

the term ‘‘red fish’’ means spawned-out sockeye salmon that has

no significant commercial value.

(c) TITLE.—No provision of this section shall be construed to

invalidate or validate or in any other way affect any claim by

the State of Alaska to title to any or all submerged lands, nor

shall any actions taken pursuant to or in accordance with this

Act operate under any provision or principle of the law to bar

the State of Alaska from asserting at any time its claim of title

to any or all of the submerged lands.

(d) JURISDICTION.—Nothing in this section nor in any actions

taken pursuant to this section shall be construed as expanding

or diminishing Federal or State jurisdiction, responsibility,

interests, or rights in management, regulation, or control over

waters of the State of Alaska or submerged lands under any provision of Federal or State law.

SEC. 1036. CREDIT FOR RECONVEYANCE.

Within 24 months after the date of the enactment of this

Act, the Cape Fox Corporation may transfer all or part of its

right, title, and interest in and to the approximately 320-acre parcel

that includes Beaver Falls Hydroelectric power-house site to the

United States as part of an equal value exchange.

SEC. 1037. RADIO SITE REPORT.

The Secretary of Agriculture (1) shall have a period of 180

days from the date of enactment of this Act to review management

of Inspiration Point, San Bernadino National Forest, make determination whether the continued presence of the KATY–FM antenna

on the site is in the public interest, and report the determination

with the reasons therefor to the Committee on Energy and Natural

Resources, United States Senate, and the Committee on Resources,

House of Representatives, and (2) shall take no action within such

period which causes or results in, directly or indirectly, the removal

of the antenna from the site.

TITLE XI—CALIFORNIA BAY DELTA

ENVIRONMENTAL ENHANCEMENT

SEC. 1101. PROGRAM FUNDING.

(a) AUTHORIZATION OF APPROPRIATIONS.—For each of the fiscal

years 1998, 1999, and 2000, there are authorized to be appropriated

an additional $143,300,000 for both—

(1) the initial Federal share of the cost of developing and

implementing that portion of an ecosystem protection plan for

the Bay-Delta, referred to as ‘‘the Category III program’’

emanating out of the document entitled ‘‘Principles for Agreement on Bay-Delta Standards between the State of California

and the Federal Government’’, dated December 15, 1994, and

(2) the initial Federal share of the cost of developing and

implementing the ecosystem restoration elements of the longterm CALFED Bay-Delta Program, pursuant to the cost

sharing agreement required by section 78684.10 of

California Senate Bill 900, Chapter 135, Statutes of 1996,
110 STAT. 4242 PUBLIC LAW 104–333—NOV. 12, 1996

signed by the Governor of California on July 11, 1996.

Funds appropriated pursuant to this section shall remain available

until expended and shall be administered in accordance with procedures established by CALFED Bay-Delta Program until Congress

authorizes another entity that is recommended by CALFED

Bay-Delta Program to carry out this section.

(b) TREATMENT OF FUNDS.—Funds authorized to be appropriated pursuant to this section to those agencies that are currently

or subsequently become participants in the CALFED Bay-Delta

Program shall be in addition to the baseline funding levels established pursuant to subsection (e), for currently authorized projects

and programs under the Central Valley Project Improvement Act

(title XXXIV of Public Law 102–575) and other currently authorized

Federal programs for the purpose of Bay-Delta ecosystem protection

and restoration.

(c) LONG-TERM SOLUTION.—Nothing in this section shall be

deemed to diminish the Federal interest in and responsibility for

working with the State of California through the CALFED

Bay-Delta Program in developing, funding, and implementing a

balanced, long-term solution to the problems of ecosystem quality,

water quality, water supply and reliability, and system vulnerability

affecting the San Francisco Bay/Sacramento-San Joaquin Delta

Watershed in California. Participation in such long-term solution

shall only be undertaken pursuant to authorization provided by

law other than this section, and shall be based on the equitable

allocation of program costs among beneficiary groups that the

CALFED Bay-Delta programs shall develop.

(d) ACTIVITIES.—To the extent not otherwise authorized, those

agencies and departments that are currently or subsequently

become participants in the CALFED Bay-Delta Program are hereby

authorized to undertake the activities and programs for which

Federal cost sharing is provided by this section. The United States

shall immediately initiate coordinated consultations and

negotiations with the State of California to expeditiously execute

the cost-sharing agreement required by section 78684.10 of California Senate Bill 900, Chapter 135, Statutes of 1996, signed by

the Governor of California on July 11, 1996. Such activities shall

include, but not be limited to, planning, design, technical assistance,

and construction for ecosystem restoration programs and projects.

(e) BUDGET CROSSCUT.—The Office of Management and Budget

is directed to submit to the House and Senate Committees on

Appropriations, as part of the President’s Fiscal Year 1998 Budget,

an interagency budget crosscut that displays Federal spending for

fiscal years 1993 through 1998 on ecosystem restoration and other

purposes in the Bay-Delta region, separately showing funding

provided previously or requested under both pre-existing authorities

and new authorities granted by this section.

(f) EFFECTIVE DATE.—Subsections (a) through (d) of this section

shall take effect on the date of passage of California State Proposition 204.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4243

DIVISION II

TITLE I—NATIONAL COAL HERITAGE

AREA

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘National Coal Heritage Area

Act of 1996’’.

SEC. 102. FINDINGS.

(a) FINDINGS.—The Congress finds as follows:

(1) Certain events that led to the development of southern

West Virginia’s coalfields during the latter part of the 19th

Century and the early part of the current century are of

national historic and cultural significance in terms of their

contribution to the industrialization of the United States, the

organization of workers into trade unions, and the unique

culture of the Appalachian Region.

(2) It is in the national interest to preserve and protect

physical remnants of this era for the education and benefit

of present and future generations.

(3) There is a need to provide assistance for the preservation and promotion of those vestiges of southern West Virginia’s

coal heritage which have outstanding cultural, historic, and

architectural value.

SEC. 103. ESTABLISHMENT.

(a) IN GENERAL.—For the purpose of preserving and interpreting for the educational and inspirational benefit of present and

future generations certain lands and structures with unique and

significant historic and cultural value associated with the coal mining heritage of the State of West Virginia and the Nation, there

is hereby established the National Coal Heritage Area (hereafter

in this title referred to as the ‘‘Area’’).

(b) BOUNDARIES.—The Area shall be comprised of the counties

in the State of West Virginia that are the subject of the study

by the National Park Service, dated 1993, entitled ‘‘A Coal Mining

Heritage Study: Southern West Virginia’’ conducted pursuant to

title VI of Public Law 100–699.

(c) ADMINISTRATION.—The Area shall be administered in accordance with this title.

SEC. 104. CONTRACTUAL AGREEMENT.

The Secretary of the Interior (hereafter in this title referred

to as the ‘‘Secretary’’) is authorized to enter into a contractual

agreement with the Governor of the State of West Virginia, acting

through the Division of Culture and History and the Division of

Tourism and Parks, pursuant to which the Secretary shall assist

the State of West Virginia, its units of local government, and

nonprofit organizations in each of the following:

(1) The development and implementation of integrated

cultural, historical, and land resource management policies and

programs in order to retain, enhance, and interpret the significant values of the lands, water, and structures of the Area.

(2) The preservation, restoration, maintenance, operation,

interpretation, and promotion of buildings, structures, facilities,

National Coal

Heritage Area

Act of 1996.

West Virginia.

16 USC 461 note.
110 STAT. 4244 PUBLIC LAW 104–333—NOV. 12, 1996

sites, and points of interest for public use that possess cultural,

historical, and architectural values associated with the coal

mining heritage of the Area.

(3) The coordination of activities by Federal, State, and

local governments and private businesses and organizations

in order to further historic preservation and compatible

economic revitalization.

(4) The development of guidelines and standards for

projects, consistent with standards established by the National

Park Service, for the preservation and restoration of historic

properties, including interpretative methods, that will further

history preservation in the region.

SEC. 105. ELIGIBLE RESOURCES.

The resources eligible for the assistance under paragraphs (2)

and (5) of section 104 shall include those set forth in appendix

D of the study by the National Park Service, dated 1993, entitled

‘‘A Coal Mining Heritage Study: Southern West Virginia’’, conducted

pursuant to title VI of Public Law 100–699. Priority consideration

shall be given to those sites listed as ‘‘Conservation Priorities’’

and ‘‘Important Historic Resources’’ as depicted on the map entitled

‘‘Study Area: Historic Resources’’ in such study.

SEC. 106. COAL HERITAGE MANAGEMENT PLAN.

(a) IN GENERAL.—Pursuant to the contractual agreement

referred to in section 104, within three years after the date of

enactment of this title, the Governor of the State of West Virginia,

acting through the Division of Culture and History and the Division

of Tourism and Parks, shall submit to the Secretary a Coal Heritage

Management Plan for the Area. The plan shall at a minimum—

(1) set forth the integrated cultural, historical, and land

resource management policies and programs referred to in

section 104;

(2) describe the guidelines and standards for projects

referred to in section 104; and

(3) set forth the responsibilities of the State of West

Virginia, units of local government, nonprofit entities, or

Secretary to administer any properties acquired pursuant to

section 104.

(b) PLAN APPROVAL.—The Secretary shall approve the plan

submitted under subsection (a) unless he determines that it would

meet the objectives of this title.

SEC. 107. SUNSET.

The Secretary may not make any grant or provide any

assistance under this title after September 30, 2012.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL—There is authorized to be appropriated under

this title not more than $1,000,000 for any fiscal year. Not more

than a total of $10,000,000 may be appropriated for the Area

under this title.

(b) 50 PERCENT MATCH.—Federal funding provided under this

title may not exceed 50 percent of the total cost of any assistance

or grant provided or authorized under this title.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4245

TITLE II—TENNESSEE CIVIL WAR

HERITAGE AREA

SEC. 201. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that—

(1) there are situated in the State of Tennessee the sites

of several key Civil War battles, campaigns, and engagements;

(2) certain sites, battlefields, structures, and areas in

Tennessee are collectively of national significance in the history

of the Civil War;

(3) the Civil War Sites Advisory Commission, established

by Congress in 1991, identified 38 sites in Tennessee as

significant;

(4) the preservation and interpretation of these sites will

make an important contribution to the understanding of the

heritage of the United States;

(5) the preservation of Civil War sites within a regional

framework requires cooperation among local property owners

and Federal, State, and local government entities; and

(6) partnerships between Federal, State, and local governments and their regional entities, and the private sector, offer

the most effective opportunities for the enhancement and

management of the Civil War battlefields and related sites

located in Tennessee.

(b) PURPOSES.—The purposes of this title are—

(1) to preserve, conserve, and interpret the legacy of the

Civil War in Tennessee;

(2) to recognize and interpret important events and

geographic locations representing key Civil War battles,

campaigns, and engagements in Tennessee;

(3) to recognize and interpret the effect of the Civil War

on the civilian population of Tennessee during the war and

postwar reconstruction period; and

(4) to create partnerships among Federal, State, and local

governments and their regional entities, and the private sector

to preserve, conserve, enhance, and interpret the battlefields

and associated sites associated with the Civil War in Tennessee.

SEC. 202. DEFINITIONS.

For purposes of this title:

(1) The term ‘‘national heritage area’’ means the Tennessee

Civil War Heritage Area as designated pursuant to section

203.

(2) The term ‘‘Secretary’’ means the Secretary of the

Interior.

(3) The term ‘‘compact’’ means the compact approved under

section 204.

(4) The term ‘‘management plan’’ means the management

plan submitted under section 205.

SEC. 203. TENNESSEE CIVIL WAR HERITAGE AREA.

(a) DESIGNATION.—Upon publication by the Secretary in the

Federal Register of notice that a compact regarding the Tennessee

Civil War Heritage Area has been approved by the Secretary in

accordance with this title, there is hereby designated the Tennessee

Civil War Heritage Area.

Federal Register,

publication.

16 USC 461 note.
110 STAT. 4246 PUBLIC LAW 104–333—NOV. 12, 1996

(b) BOUNDARIES.—The Tennessee Civil War Heritage Area shall

be comprised of areas of the State of Tennessee depicted on the

map entitled ‘‘Tennessee Civil War Heritage Area’’. The map shall

be on file and available for public inspection in the office of the

Director of the National Park Service.

(c) ADMINISTRATION.—The national heritage area shall be

administrated in accordance with the compact and the management

plan.

SEC. 204. COMPACT.

(a) COMPACT.—The compact referred to in section 203(a) shall

include information relating to the objectives and management of

the area proposed for designation as the national heritage area.

Such information shall include (but not be limited to) each of

the following:

(1) A delineation of the boundaries of the proposed national

heritage area.

(2) A discussion of the goals and objectives of the proposed

national heritage area, including an explanation of the approach

proposed by the partners referred to in paragraph (4), to

conservation and interpretation of resources.

(3) An identification and description of the management

entity that will administer the proposed national heritage area.

(4) A list of the initial partners to be involved in developing

and implementing the management plan for the proposed

national heritage area, and a statement of the financial commitment of the partners.

(5) A description of the role of the State of Tennessee.

(b) PREPARATION OF AND ACTIONS CALLED FOR IN COMPACT.—

The compact shall be prepared with public participation. Actions

called for in the compact shall be likely to be initiated within

a reasonable time after designation of the proposed national heritage area and shall ensure effective implementation of the State

and local aspects of the compact.

(c) APPROVAL AND DISAPPROVAL OF COMPACTS.—

(1) IN GENERAL.—The Secretary, in consultation with the

Governor of Tennessee, shall approve or disapprove the proposed compact not later than 90 days after receiving such

compact.

(2) PROCEDURES IF DISAPPROVED.—If the Secretary

disapproves a proposed compact, the Secretary shall advise,

in writing, of the reasons for the disapproval and shall make

recommendations for revisions of the proposed compact. The

Secretary shall approve or disapprove a proposed revision to

such a compact within 90 days after the date on which the

revision is submitted to the Secretary.

SEC. 205. MANAGEMENT.

(a) MANAGEMENT PLANS.—A management plan submitted under

this title for the national heritage area shall present comprehensive

recommendations for the conservation, funding, management, and

development of the area. The management plan shall—

(1) be prepared with public participation;

(2) take into consideration existing Federal, State, county,

and local plans and involve residents, public agencies, and

private organizations in the area;
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4247

(3) include a description of actions that units of government

and private organizations are recommended to take to protect

the resources of the area;

(4) specify existing and potential sources of funding for

the conservation, management, and development of the area;

and

(5) include the following, as appropriate:

(A) An inventory of the resources contained in the

national heritage area, including a list of property in the

area that should be conserved, restored, managed, developed, or maintained because of the natural, cultural, or

historic significance of the property as it relates to the

themes of the area.

(B) A recommendation of policies for resource management that consider and detail the application of appropriate

land and water management techniques, including (but

not limited to) the development of intergovernmental

cooperative agreements to manage the historical, cultural,

and natural resources and the recreational opportunities

of the area in a manner consistent with the support of

appropriate and compatible economic viability.

(C) A program, including plans for restoration and

construction, for implementation of the management plan

by the management entity specified in the compact for

the area and specific commitments, for the first 5 years

of operation of the plan, by the partners identified in the

compact.

(D) An analysis of means by which Federal, State,

and local programs may best be coordinated to promote

the purposes of this title.

(E) An interpretive plan for the national heritage area.

(b) MANAGEMENT ENTITIES.—The management entity for the

national heritage area shall do each of the following:

(1) Develop and submit to the Secretary a management

plan not later than three years after the date of the designation

of the area as a national heritage area.

(2) Give priority to the implementation of actions, goals,

and policies set forth in the compact and management plan

for the area, including—

(A) assisting units of government, regional planning

organizations, and nonprofit organizations—

(i) in conserving the national heritage area;

(ii) in establishing and maintaining interpretive

exhibits in the area;

(iii) in developing recreational opportunities in the

area;

(iv) in increasing public awareness of and appreciation for the natural, historical, and cultural resources

of the area;

(v) in the restoration of historic buildings that

are located within the boundaries of the area and

relate to the themes of the area; and

(vi) in ensuring that clear, consistent, and environmentally appropriate signs identifying access points

and sites of interest are put in place throughout the

area; and
110 STAT. 4248 PUBLIC LAW 104–333—NOV. 12, 1996

(B) consistent with the goals of the management plan,

encouraging economic viability in the affected communities

by appropriate means.

(3) In developing and implementing the management plan

for the area, consider the interests of diverse units of government, businesses, private property owners, and nonprofit groups

within the geographic area.

(4) Conduct public meetings at least quarterly regarding

the implementation of the management plan for the area.

(c) CLEARING HOUSE.—The Congress recognizes the Center for

Historic Preservation at Middle Tennessee State University as the

clearing house for the Tennessee Civil War Heritage Area.

SEC. 206. DUTIES AND AUTHORITIES OF SECRETARY.

The Secretary—

(1) may provide technical assistance and grants to units

of government and private nonprofit organizations regarding

the compact and, upon request of the management entity for

the national heritage area, regarding the management plan

and its implementation;

(2) may not, as a condition of the award of technical assistance or grants under this section, require any recipient of

such technical assistance or grants to enact or modify land

use restrictions; and

(3) may not make limitations on fishing, hunting, or

trapping a condition for the approval of the compact or the

determination of eligibility for technical assistance or grants

under this section.

SEC. 207. SAVINGS PROVISIONS.

(a) LACK OF EFFECT ON AUTHORITY OF GOVERNMENTS.—Nothing

in this title shall be construed to modify, enlarge, or diminish

any authority of the Federal, State, or local governments to regulate

any use of land as provide for by law or regulation.

(b) LACK OF ZONING OR LAND USE POWERS OF ENTITY.—Nothing

in this title shall be construed to grant powers of zoning or land

use to any management entity for the national heritage area.

(c) FISH AND WILDLIFE.—The designation of the national heritage area shall not diminish the authority of the State of Tennessee

to manage fish and wildlife, including the regulation of fishing

and hunting within such area.

SEC. 208. SUNSET.

The Secretary may not make any grant or provide any

assistance under this title after September 30, 2012.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated under

this title not more than $1,000,000 for any fiscal year. Not more

than a total of $10,000,000 may be appropriated for the national

heritage area under this title.

(b) 50 PERCENT MATCH.—Federal funding provided under this

title, after the designation of the national heritage area, may not

exceed 50 percent of the total cost of any assistance or grant

provided or authorized under this title.

Public

information.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4249

TITLE III—AUGUSTA CANAL NATIONAL

HERITAGE AREA

SEC. 301. FINDINGS.

The Congress finds that—

(1) the Augusta Canal National Landmark in the State

of Georgia, listed on the National Historic Register of Historic

Places, and designated by the Governor of Georgia as one

of four regionally important resources in the State, is one

of the last unspoiled areas in the State of Georgia;

(2) the Augusta Canal National Historic Landmark

possesses excellent water quality, beautiful rural and historic

cultural landscapes, architecturally significant mill structures

and mill villages, and large acreages of parks and permanent

open space;

(3) three national historic districts, the Harrisburg, Laney

Walker, and Greene Street districts, and two national historic

landmarks, Stallings Island, located in the Savannah River,

and Meadow Garden, are connected by the Augusta Canal

Area;

(4) the beautiful rural landscapes and historic cultural

landscapes, scenic vistas and excellent water quality of the

Augusta Canal contain significant undeveloped recreational

opportunities for people throughout the United States;

(5) the Augusta Canal and related mill sites, structures,

and associated neighborhoods are representatives of the development of the cotton textile industry and associated agriculture

and trade in the South;

(6) the transformation of the agrarian economy of the area

into an early industrial economy was precipitated by the development and use of the Augusta Canal;

(7) several significant sites associated with the American

Revolution, the Civil War, Native Americans, Colonial

Americans, African Americans, Chinese Americans, and Irish

Americans are located within the Augusta Canal area;

(8) despite the efforts by the State of Georgia, political

subdivisions of the State, volunteer organizations, and private

businesses, the cultural, historical, natural, and recreational

resources of the area have not realized full potential and may

be lost without assistance from the Federal Government;

(9) the Secretary of the Interior considers this landmark

to be threatened and has designated it a priority for protection;

(10) many local, regional, and State agencies, businesses,

and private citizens have expressed an overwhelming desire

to combine forces to work cooperatively to preserve and enhance

the resources of the Augusta Canal National Historic Landmark

and better plan for its future; and

(11) the Augusta Canal Authority, a public body established

under the law of the State of Georgia, would be an appropriate

management entity for a National Heritage Area established

in the area of the Augusta Canal.

SEC. 302. PURPOSE.

It is the purpose of this title to provide a cooperative management framework to assist the State of Georgia, its units of local

government, and area citizens in retaining, enhancing, and

interpreting the significant features of the lands, water, and strucGeorgia.

16 USC 461 note.
110 STAT. 4250 PUBLIC LAW 104–333—NOV. 12, 1996

tures of the Augusta Canal, in a manner that is consistent with

positive economic impact and development for the benefit and

inspiration of present and future generations in the State of Georgia

and the United States.

SEC. 303. DESIGNATION OF AUGUSTA CANAL NATIONAL HERITAGE

AREA.

(a) DESIGNATION.—There is hereby designated in the State

of Georgia the Augusta Canal National Heritage Area (referred

to in this title as the ‘‘Heritage Area’’).

(b) BOUNDARIES.—

(1) IN GENERAL.—The Heritage Area shall include the land

generally depicted on the map entitled ‘‘The Augusta Canal’’,

numbered AUCA–80,000, and dated August 1994, which shall

be on file and available for public inspection in the Office

of the Director of the National Park Service, Washington, D.C.

(2) LEGAL DESCRIPTION.—As soon as practicable after the

date of enactment of this title, the Secretary of the Interior

(referred to in this title as the ‘‘Secretary’’) shall prepare and

place on file with the map described in paragraph (1) a legal

description of the boundaries of the Heritage Area.

SEC. 304. MANAGEMENT.

The Secretary, acting through the Director of the National

Park Service, shall enter into a cooperative agreement with the

Augusta Canal Authority, a public body established under the law

of the State of Georgia, providing for the management of the

Heritage Area by the Augusta Canal Authority under terms and

conditions stated in the cooperative agreement. The Secretary shall

consult with the Augusta Canal Authority before carrying out any

management authority with respect to the Heritage Area which

is not provided for by the cooperative agreement.

SEC. 305. MANAGEMENT PLAN.

(a) PREPARATION OF PLAN.—Not later than three years after

the date of enactment of this title, the Augusta Canal Authority

shall prepare and submit to the Secretary for review and approval

a plan for the management and administration of the Heritage

Area.

(b) CONTENTS.—The plan shall be based on Federal, State,

and local plans in existence on the date of enactment of this title,

including the Augusta Canal Master Plan. The Augusta Canal

Authority shall coordinate and combine such plans and

present an integrated and cooperative approach for the protection,

enhancement, and interpretation of the cultural, natural, scenic,

and recreational resources of the Heritage Area.

(c) ASSISTANCE.—The Secretary may provide technical and

financial assistance in the preparation of the management plan.

(d) APPROVAL.—

(1) IN GENERAL.—Not later than 180 days after receipt

of the plan submitted under subsection (a), the Secretary shall

approve or disapprove the plan.

(2) CRITERIA.—In determining whether to approve a plan,

the Secretary shall consider—

(A) whether the plan has strong local support from

a diversity of landowners, business interests, nonprofit

organizations, and governments within the area;
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4251

(B) whether the plan is consistent with and

complements continued economic activity in the area;

(C) whether the plan has a high potential for effective

partnership mechanisms;

(D) whether the plan improperly infringes on private

property rights; and

(E) whether the plan will take appropriate action to

ensure private property rights are observed.

(3) DISAPPROVAL.—

(A) IN GENERAL.—If the Secretary disapproves the

proposed management plan, the Secretary shall notify the

Augusta Canal Authority of the disapproval in writing.

(B) CONTENTS.—A notification under subparagraph (A)

shall include—

(i) the reasons for the disapproval; and

(ii) recommendations for revision.

(C) REVISED PLAN.—The Augusta Canal Authority shall

revise and resubmit the management plan to the Secretary

for approval. Not later than 180 days after receipt of the

revised plan, the Secretary shall approve or disapprove

the plan as provided in paragraph (2). The Augusta Canal

Authority shall revise and submit the management plan

until the management plan is approved by the Secretary.

(e) IMPLEMENTATION.—

(1) IN GENERAL.—Upon approval of the management plan

as provided in subsection (d), the Secretary, in conjunction

with the Augusta Canal Authority, shall take appropriate steps

to implement the management plan.

(2) COOPERATIVE AGREEMENTS.—The Secretary is

authorized to enter into cooperative agreements with the State

of Georgia, political subdivisions of the State, the Augusta

Canal Authority, or any organization or individual to implement

the management plan.

(f) ECONOMIC DEVELOPMENT.—It is the sense of Congress that

the Augusta Canal Authority, the State of Georgia, the City of

Augusta, and other political subdivisions of the State of Georgia

should encourage, by appropriate means, enhanced economic and

industrial development in the area consistent with the goals of

the Augusta Canal Master Plan.

SEC. 306. GRANTS AND TECHNICAL ASSISTANCE.

The Secretary may provide grants and technical assistance

for the purposes of this title.

SEC. 307. ACQUISITION OF REAL PROPERTY.

The Augusta Canal Authority may not use any Federal funds

that it may receive pursuant to this title to acquire real property

or an interest in real property.

SEC. 308. OCCUPATIONAL, SAFETY, CONSERVATION, AND

ENVIRONMENTAL REGULATION.

Nothing in this title shall be construed to—

(1) impose any occupational, safety, conservation, or

environmental regulation on the Heritage Area that is more

stringent than the regulations that would be applicable to

the Heritage Area but for the designation of the Heritage

Area under section 303; or

Notification.
110 STAT. 4252 PUBLIC LAW 104–333—NOV. 12, 1996

(2) authorize any Federal agency to promulgate an

occupational, safety, conservation, or environmental regulation

for the Heritage Area that is more stringent than the regulations applicable to the Heritage Area in existence on the date

of enactment of this title, solely as a result of the designation

of the Heritage Area under section 303.

SEC. 309. LAND USE REGULATION.

Nothing in this title shall be construed to—

(1) modify, enlarge, or diminish any authority of Federal,

State, and local governments to regulate any use of land as

provided for by law or regulation; or

(2) grant powers of zoning or land use to the Augusta

Canal Authority.

SEC. 310. SUNSET.

The Secretary may not make any grant or provide any

assistance under this title after September 30, 2012.

SEC. 311. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated under this title not more than $1,000,000 for any fiscal year. Not more

than a total of $10,000,000 may be appropriated for the Heritage

Area under this title.

(b) 50 PERCENT MATCH.—Federal funding provided under this

title, after the designation of the Heritage Area, may not exceed

50 percent of the total cost of any assistance or grant provided

or authorized under this title.

TITLE IV—STEEL INDUSTRY HERITAGE

PROJECT

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘Steel Industry American

Heritage Area Act of 1996’’.

SEC. 402. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds that—

(1) the industrial and cultural heritage of southwestern

Pennsylvania, including the city of Pittsburgh, and the counties

of Allegheny, Armstrong, Beaver, Fayette, Greene, Washington,

and Westmoreland, related directly to steel and steel-related

industries, is nationally significant;

(2) these industries include steelmaking, ironmaking,

aluminum, specialty metals, glass, coal mining, coke production,

machining and foundries, transportation, and electrical industries;

(3) the industrial and cultural heritage of the steel and

related industries in this region includes the social history

and living cultural traditions of the people of the region;

(4) the labor movement of the region played a significant

role in the development of the Nation, including the formation

of many key unions such as the Congress of Industrial

Organizations (CIO) and the United Steel Workers of America

(USWA), and crucial struggles to improve wages and working

conditions, such as the Rail Strike of 1877, the Homestead

Strike of 1892, and the Great Steel Strike of 1919;

Steel Industry

American

Heritage Area

Act of 1996.

Pennsylvania.

16 USC 461 note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4253

(5) the Department of the Interior is responsible for

protecting the Nation’s cultural and historic resources, and

there are significant examples of these resources within this

seven-county region to merit the involvement of the Federal

Government to develop programs and projects, in cooperation

with the Steel Industry Heritage Corporation, the Commonwealth of Pennsylvania, and other local and governmental

bodies, to adequately conserve, protect, and interpret this heritage for future generations, while providing opportunities for

education and revitalization; and

(6) the Steel Industry Heritage Corporation would be an

appropriate management entity for a Heritage Area established

in the region.

(b) STATEMENT OF PURPOSE.—The objectives of the Steel

Industry American Heritage Area are—

(1) to foster a close working relationship with all levels

of government, the private sector, and the local communities

in the steel industry region of southwestern Pennsylvania and

empower the communities to conserve their heritage while

continuing to pursue economic opportunities; and

(2) to conserve, interpret, and develop the historical,

cultural, natural, and recreational resources related to the

industrial and cultural heritage of the seven-county region of

southwestern Pennsylvania.

SEC. 403. STEEL INDUSTRY AMERICAN HERITAGE AREA.

(a) ESTABLISHMENT.—There is hereby established the Steel

Industry American Heritage Area (in this title referred to as the

‘‘Heritage Area’’).

(b) BOUNDARIES.—The Heritage Area shall be comprised of

the counties of Allegheny, Armstrong, Beaver, Fayette, Greene,

Washington, and Westmoreland in Pennsylvania.

(c) MANAGEMENT ENTITY.—The management entity for the

Heritage Area shall be the Steel Industry Heritage Corporation.

SEC. 404. COMPACT.

(a) IN GENERAL.—To carry out the purposes of this title, the

Secretary of the Interior (in this title referred to as the ‘‘Secretary’’)

shall enter into a compact with the management entity. The

compact shall include information relating to the objectives and

management of the area, including the following:

(1) A delineation of the boundaries of the proposed Heritage

Area.

(2) A discussion of the goals and objectives of the proposed

Heritage Area, including an explanation of the proposed

approach to conservation and interpretation and a general outline of the protection measures committed to by the partners

referred to in paragraph (4).

(3) An identification and description of the management

entity that will administer the proposed Heritage Area.

(4) A list of the initial partners to be involved in developing

and implementing the management plan for the proposed

Heritage Area, and a statement of the financial commitment

of the partners.

(5) A description of the role of the Commonwealth of

Pennsylvania.

(b) ADDITIONAL REQUIREMENTS.—The compact shall be prepared with public participation. Actions called for in the compact
110 STAT. 4254 PUBLIC LAW 104–333—NOV. 12, 1996

shall be likely to be initiated within a reasonable time after

designation of the proposed Heritage Area and shall ensure effective

implementation of the State and local aspects of the compact.

SEC. 405. MANAGEMENT PLAN.

The management entity shall develop a management plan for

the Heritage Area that presents comprehensive recommendations

for the Heritage Area’s conservation, funding, management and

development. Such plan shall take into consideration existing State,

county, and local plans and involve residents, public agencies, and

private organizations working in the Heritage Area. It shall include

actions to be undertaken by units of government and private

organizations to protect the resources of the Heritage Area. It

shall specify the existing and potential sources of funding to protect,

manage, and develop the Heritage Area. Such plan shall include,

as appropriate, the following:

(1) An inventory of the resources contained in the Heritage

Area, including a list of any property in the Heritage Area

that is related to the themes of the Heritage Area and that

should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational,

or scenic significance.

(2) A recommendation of policies for resource management

which considers and details application of appropriate land

and water management techniques, including but not limited

to, the development of intergovernmental cooperative agreements to protect the Heritage Area’s historical, cultural,

recreational, and natural resources in a manner consistent

with supporting appropriate and compatible economic viability.

(3) A program for implementation of the management plan

by the management entity, including plans for restoration and

construction, and specific commitments of the identified partners for the first 5 years of operation.

(4) An analysis of ways in which local, State, and Federal

programs may best be coordinated to promote the purposes

of the title.

(5) An interpretation plan for the Heritage Area.

SEC. 406. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—The management entity may, for purposes of preparing and implementing the

management plan under section 405, use Federal funds made available through this title—

(1) to make loans and grants to, and enter into cooperative

agreements with, States and their political subdivisions, private

organizations, or any person; and

(2) to hire and compensate staff.

(b) DUTIES OF THE MANAGEMENT ENTITY.—The management

entity shall—

(1) develop and submit to the Secretary for approval a

management plan as described in section 405 within 3 years

after the date of the enactment of this title;

(2) give priority to implementing actions set forth in the

compact and the management plan, including taking steps to—

(A) assist units of government, regional planning

organizations, and nonprofit organizations in preserving

the Heritage Area;
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4255

(B) assist units of government, regional planning

organizations, and nonprofit organizations in establishing

and maintaining interpretive exhibits in the Heritage Area;

(C) assist units of government, regional planning

organizations, and nonprofit organizations in developing

recreational resources in the Heritage Area;

(D) assist units of government, regional planning

organizations, and nonprofit organizations in increasing

public awareness of and appreciation for the natural,

historical and architectural resources and sites in the

Heritage Area;

(E) assist units of government, regional planning

organizations and nonprofit organizations in the restoration

of any historic building relating to the themes of the

Heritage Area;

(F) encourage by appropriate means economic viability

in the Heritage Area consistent with the goals of the plan;

(G) encourage local governments to adopt land use

policies consistent with the management of the Heritage

Area and the goals of the plan; and

(H) assist units of government, regional planning

organizations and nonprofit organizations to ensure that

clear, consistent, and environmentally appropriate signs

identifying access points and sites of interest are put in

place throughout the Heritage Area;

(3) consider the interests of diverse governmental, business,

and nonprofit groups within the Heritage Area;

(4) conduct public meetings at least quarterly regarding

the implementation of the management plan;

(5) submit substantial changes (including any increase of

more than 20 percent in the cost estimates for implementation)

to the management plan to the Secretary for the Secretary’s

approval;

(6) for any year in which Federal funds have been received

under this title, submit an annual report to the Secretary

setting forth its accomplishments, its expenses and income,

and the entity to which any loans and grants were made

during the year for which the report is made; and

(7) for any year in which Federal funds have been received

under this title, make available for audit all records pertaining

to the expenditure of such funds and any matching funds,

and require, for all agreements authorizing expenditure of

Federal funds by other organizations, that the receiving

organizations make available for audit all records pertaining

to the expenditure of such funds.

If a management plan is not submitted to the Secretary as required

under paragraph (1) within the specified time, the Heritage Area

shall no longer qualify for Federal funding.

(c) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—

The management entity may not use Federal funds received under

this title to acquire real property or an interest in real property.

Nothing in this title shall preclude any management entity from

using Federal funds from other sources for their permitted purposes.

SEC. 407. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

(a) TECHNICAL AND FINANCIAL ASSISTANCE.—

Records.

Reports.

Public

information.
110 STAT. 4256 PUBLIC LAW 104–333—NOV. 12, 1996

(1) IN GENERAL.—The Secretary may, upon request of the

management entity, provide technical and financial assistance

to the Heritage Area to develop and implement the management

plan. In assisting the Heritage Area, the Secretary shall give

priority to actions that in general assist in—

(A) conserving the significant natural, historic, and

cultural resources which support its themes; and

(B) providing educational, interpretive, and

recreational opportunities consistent with its resources and

associated values.

(2) SPENDING FOR NON-FEDERALLY OWNED PROPERTY.—The

Secretary may spend Federal funds directly on non-federally

owned property to further the purposes of this title, especially

in assisting units of government in appropriate treatment of

districts, sites, buildings, structures, and objects listed or

eligible for listing on the National Register of Historic Places.

The Historic American Building Survey/Historic American

Engineering Record shall conduct those studies necessary to

document the industrial, engineering, building, and architectural history of the region.

(b) APPROVAL AND DISAPPROVAL OF COMPACTS AND MANAGEMENT PLANS.—

(1) IN GENERAL.—The Secretary, in consultation with the

Governor of Pennsylvania shall approve or disapprove a

compact or management plan submitted under this title not

later than 90 days after receiving such compact or management

plan.

(2) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a submitted compact or management plan, the

Secretary shall advise the management entity in writing of

the reasons therefor and shall make recommendations for revisions in the compact or plan. The Secretary shall approve

or disapprove a proposed revision within 90 days after the

date it is submitted.

(c) APPROVING AMENDMENTS.—The Secretary shall review

substantial amendments to the management plan for the Heritage

Area. Funds appropriated pursuant to this title may not be

expended to implement the changes made by such amendments

until the Secretary approves the amendments.

SEC. 408. SUNSET.

The Secretary may not make any grant or provide any assistance under this title after September 30, 2012.

SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated under

this title not more than $1,000,000 for any fiscal year. Not more

than a total of $10,000,000 may be appropriated for the Heritage

Area under this title.

(b) 50 PERCENT MATCH.—Federal funding provided under this

title, after the designation of this Heritage Area, may not exceed

50 percent of the total cost of any assistance or grant provided

or authorized under this title.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4257

TITLE V—ESSEX NATIONAL HERITAGE

AREA

SEC. 501. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds that—

(1) Essex County, Massachusetts, was host to a series

of historic events that influenced the course of the early settlement of the United States; its emergence as a maritime power;

and its subsequent industrial development;

(2) the North Shore of Essex County and the Merrimack

River valley in Essex County contain examples of significant

early American architecture and significant Federal-period

architecture, many sites and buildings associated with the

establishment of the maritime trade in the United States, the

site of the witchcraft trials of 1692, the birthplace of successful

iron manufacture, and the establishment of the textile and

leather industries in and around the cities of Peabody, Beverly,

Lynn, Lawrence, and Haverhill;

(3) Salem, Massachusetts, has a rich heritage as one of

the earliest landing sites of the English colonists, the first

major world harbor for the United States, and an early thriving

hub of American industries;

(4) the Saugus Iron Works National Historic Site is the

site of the first sustained, integrated iron works in Colonial

America, and the technology employed at the Iron Works was

dispersed throughout the Colonies and was critical to the development of industry and technology in America;

(5) the Salem Maritime National Historic Site contains

nationally significant resources that explain the manner in

which the Nation was settled, its evolution into a maritime

power, and its development as a major industrial force;

(6) the story told at the Salem Maritime and Saugus Iron

Works National Historic Sites would be greatly enhanced

through the interpretation of significant theme-related

resources in Salem and Saugus and throughout Essex County;

(7) partnerships between the private and public sectors

have been created and additional partnerships will be encouraged to preserve the rich cultural heritage of the region, which

will stimulate cultural awareness, preservation, and economic

development through tourism;

(8) a visitors’ center that has already been constructed

at the Salem Maritime National Historic Site in Salem,

Massachusetts, will be available to interpret the themes of

the Essex National Heritage Area established by this title

and to coordinate the interpretive and preservation activities

of the Area; and

(9) the resident and business communities of the region

have formed the Essex Heritage Ad Hoc Commission for the

preservation, interpretation, promotion, and development of the

historic, cultural, and natural resources of the region and are

investing significant private funds and energy to develop a

plan to preserve the nationally significant resources of Essex

County.

(b) PURPOSE.—It is the purpose of this title—

(1) to establish the Essex National Heritage Area to recognize, preserve, promote, interpret, and make available for the

Massachusetts.

16 USC 461 note.
110 STAT. 4258 PUBLIC LAW 104–333—NOV. 12, 1996

benefit of the public the historic, cultural, and natural resources

of the North Shore and lower Merrimack River valley in Essex

County, Massachusetts, which encompass the three primary

themes of the Salem Maritime National Historic Site and

Saugus Iron Works National Historic Site (the histories of

early settlement, maritime trade, and the textile and leather

industries);

(2) to implement the appropriate alternative as described

in the document entitled ‘‘The Salem Project: A Study of Alternatives’’, dated January 1990, within the boundaries of Essex

County; and

(3) to provide a management framework to assist the

Commonwealth of Massachusetts and its units of local

government in the development and implementation of an

integrated cultural, historical, and land resource management

program in order to retain, enhance, and interpret the significant values of the lands, waters, and structures located in

the Essex National Heritage Area.

SEC. 502. DEFINITIONS.

For purposes of this title:

(1) The terms ‘‘Area’’ and ‘‘National Heritage Area’’ mean

the Essex National Heritage Area established by section 503.

(2) The term ‘‘Secretary’’ means the Secretary of the

Interior.

SEC. 503. DESIGNATION OF NATIONAL HERITAGE AREA.

(a) DESIGNATION.—For the purpose of preserving and interpreting, for the educational and inspirational benefit of present and

future generations, the unique and significant contributions to our

national heritage of certain historic and cultural lands, natural

waterways, and structures within the County of Essex in the

Commonwealth of Massachusetts, there is hereby established the

Essex National Heritage Area.

(b) BOUNDARIES.—The Area shall comprise the lands generally

depicted on the map numbered NAR–51–80,000 and dated August

1994. The map shall be on file and available for public inspection

in the office of the Director of the National Park Service.

(c) ADMINISTRATION.—The Area shall be administered in accordance with the provisions of this title.

SEC. 504. MANAGEMENT ENTITY.

(a) IN GENERAL.—The management entity for the National

Heritage Area shall be an entity which is selected by the Essex

Heritage Ad Hoc Commission or its designee, reflects a broad crosssection of interests within the Area, and includes—

(1) at least 1 representative of one or more units of government in each State in which the National Heritage Area is

located; and

(2) private property owners who reside within the National

Heritage Area.

(b) DUTIES.—The management entity for the Area shall fulfill

each of the following requirements:

(1) HERITAGE PLAN.—Not later than 3 years after the date

of the designation of the Area as a National Heritage Area,

the management entity shall develop and forward to the

Secretary, and to the Governor of Massachusetts, a heritage

plan for the Area.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4259

(2) PRIORITIES.—The management entity shall give priority

to the implementation of action, goals, and policies set forth

in the compact and heritage plan for the Area, including assisting units of government and others in—

(A) carrying out programs which recognize important

resource values within the Area;

(B) encouraging economic viability in the affected

communities;

(C) establishing and maintaining interpretive exhibits

in the Area;

(D) developing recreational and educational opportunities in the Area;

(E) increasing public awareness of and appreciation

for the natural, historical, and cultural resources of the

Area;

(F) restoring historic buildings that are located within

the boundaries of the Area and relate to the theme of

the Area; and

(G) ensuring that clear, consistent, and appropriate

signs identifying public access points and sites of interest

are put in place throughout the Area.

(3) CONSIDERATION OF INTERESTS OF LOCAL GROUPS.—The

management entity shall, in developing and implementing the

heritage plan for the Area, consider the interests of diverse

units of government, businesses, private property owners, and

nonprofit groups within the geographic area.

(4) PUBLIC MEETINGS.—The management entity shall

conduct public meetings at least annually regarding the

implementation of the heritage plan for the Area. The management entity shall place a notice of each such meeting in a

newspaper of general circulation in the Area and shall make

the minutes of the meeting available to the public.

SEC. 505. DUTIES OF THE SECRETARY.

(a) IN GENERAL.—To carry out the purpose of this title, the

Secretary shall assist the management entity in preparing such

studies and plans as the Secretary considers appropriate and in

implementing the recommendations contained in a study report

prepared by the management entity. The Secretary is authorized

to enter into agreements with the Commission or with any owner

of property with national historic or cultural significance within

the Area for the purpose of facilitating public use and enjoyment

of such resources or to otherwise further the objectives of the

management entity. Any such agreement shall provide whenever

appropriate that—

(1) the public may have access to such resources at specified, reasonable times for the purpose of viewing the property

or exhibits or attending programs or other activities, as may

be appropriate;

(2) the Secretary may make improvements to such

resources as the management entity or the Secretary deem

necessary to enhance the public use and enjoyment of the

resources, or to render such property usable by the Secretary,

the management entity, or any person for the purpose of this

title; and

Notice.
110 STAT. 4260 PUBLIC LAW 104–333—NOV. 12, 1996

(3) the Secretary may occupy, utilize, and acquire

easements or leasehold interests in resources as required to

implement the programs and purpose of this title.

(b) TECHNICAL ASSISTANCE AND GRANTS.—The Secretary may

provide, upon request, technical assistance and grants to the

management entity to assist the management entity in the performance of its powers and functions as authorized under this title.

The Secretary may provide to any owner of property within the

Area, to the Commonwealth of Massachusetts, to the City of Salem

and other participating municipalities, to any other Federal or

State entity, to any institution, or to any person such technical

assistance and grants as the Secretary considers appropriate to

carry out the purpose of this title.

SEC. 506. PRIVATE PROPERTY.

No privately owned property shall be included within the

boundaries of the Area unless the government of the county, city,

or town in which the property is located agrees to be so included

and submits notification of such agreement to the Secretary.

SEC. 507. SUNSET.

The Secretary may not make any grant or provide any assistance under this title after September 30, 2012.

SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated under this title not more than $1,000,000 for any fiscal year. Not more

than a total of $10,000,000 may be appropriated for the Area

under this title.

(b) 50 PERCENT MATCH.—Federal funding provided under this

title, after the designation of the Area, may not exceed 50 percent

of the total cost of any assistance or grant provided or authorized

under this title.

TITLE VI—SOUTH CAROLINA NATIONAL

HERITAGE CORRIDOR

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘South Carolina National Heritage

Corridor Act of 1996’’.

SEC. 602. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds that—

(1) the South Carolina National Heritage Corridor, more

than 250 miles in length, possesses a wide diversity of significant rare plants, animals, and ecosystems, agricultural and

timber lands, shell-fish harvesting areas, historic sites and

structures, and cultural and multicultural landscapes related

to the past and current commerce, transportation, maritime,

textile, agricultural, mining, cattle, pottery, and national

defense industries of the region, which provide significant

ecological, natural, tourism, recreational, timber management,

educational, and economic benefits;

(2) there is a national interest in protecting, conserving,

restoring, promoting, and interpreting the benefits of the

Corridor for the residents of, and visitors to, the Corridor

area;

South Carolina

National

Heritage

Corridor Act of

1996.

16 USC 461 note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4261

(3) a primary responsibility for conserving, preserving,

protecting, and promoting the benefits resides with the State

of South Carolina and the units of local government having

jurisdiction over the Corridor area; and

(4) in view of the longstanding Federal practice of assisting

States in creating, protecting, conserving, preserving, and interpreting areas of significant natural and cultural importance,

and in view of the national significance of the Corridor, the

Federal Government has an interest in assisting the State

of South Carolina, the units of local government of the State,

and the private sector in fulfilling the responsibilities described

in paragraph (3).

(b) PURPOSES.—The purposes of this title are—

(1) to protect, preserve, conserve, restore, promote, and

interpret the significant land and water resource values and

functions of the Corridor;

(2) to encourage and support, through financial and technical assistance, the State of South Carolina, the units of local

government of the State, and the private sector in the development of a heritage plan for the Corridor to ensure coordinated

public and private action in the Corridor area in a manner

consistent with subsection (a);

(3) to provide, during the development of an integrated

heritage plan, Federal financial and technical assistance for

the protection, preservation, and conservation of land and water

areas in the Corridor that are in danger of being adversely

affected or destroyed;

(4) to encourage and assist the State of South Carolina

and the units of local government of the State to identify

the full range of public and private technical and financial

assistance programs and services available to implement the

heritage plan;

(5) to encourage adequate coordination of all government

programs affecting the land and water resources of the Corridor;

and

(6) to develop a management framework with the State

of South Carolina and the units of local government of the

State for—

(A) planning and implementing the heritage plan; and

(B) developing policies and programs that will preserve,

conserve, protect, restore, enhance, and interpret the

cultural, historical, natural, economic, recreational, and

scenic resources of the Corridor.

SEC. 603. DEFINITIONS.

For purposes of this title—

(1) CORRIDOR.—The term ‘‘Corridor’’ means the South

Carolina National Heritage Corridor established by section 604.

(2) GOVERNOR.—The term ‘‘Governor’’ means the Governor

of the State of South Carolina.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 604. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR.

(a) ESTABLISHMENT.—There is established in the State of South

Carolina the South Carolina National Heritage Corridor.

(b) BOUNDARIES.—
110 STAT. 4262 PUBLIC LAW 104–333—NOV. 12, 1996

(1) IN GENERAL.—The boundaries of the Corridor are

generally the boundaries of the western counties of the State

of South Carolina, extending from the western Piedmont along

the Savannah Valley to Augusta, Georgia, along the route

of the old Southern Railroad, along the Ashley River to

Charleston.

(2) INCLUDED COUNTIES.—The Corridor shall consist of the

following counties of South Carolina, in part or in whole, as

the heritage plan may specify on the recommendations of the

units of local government with the Corridor area:

(A) Oconee.

(B) Pickens.

(C) Anderson.

(D) Abbeville.

(E) Greenwood.

(F) McCormick.

(G) Edgefield.

(H) Aiken.

(I) Barnwell.

(J) Orangeburg.

(K) Bamberg.

(L) Dorchester.

(M) Colleton.

(N) Charleston.

(3) DETAIL.—The boundaries shall be specified in detail

in the heritage plan.

SEC. 605. MANAGEMENT ENTITY.

(a) IN GENERAL.—The management entity for the National

Heritage Corridor shall be an entity selected by the Governor of

the State of South Carolina which reflects a broad cross-section

of interests within the Corridor and which includes—

(1) at least 1 representative of one or more units of government in South Carolina; and

(2) private property owners who reside within the National

Heritage Corridor.

(b) DUTIES.—The management entity for the National Heritage

Corridor shall fulfill each of the following requirements:

(1) HERITAGE PLAN.—Not later than 3 years after the date

of the designation of the area as a National Heritage Corridor,

the management entity shall develop and forward to the

Secretary, and to the Governor of South Carolina, a heritage

plan.

(2) PRIORITIES.—The management entity shall give priority

to the implementation of actions, goals, and policies set forth

in the compact and heritage plan for the Corridor, including

assisting units of government and others in—

(A) carrying out programs which recognize important

resource values within the National Heritage Corridor;

(B) encouraging economic viability in the affected

communities;

(C) establishing and maintaining interpretive exhibits

in the Corridor;

(D) developing recreational and educational opportunities in the Corridor;
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4263

(E) increasing public awareness of and appreciation

for the natural, historical, and cultural resources of the

Corridor;

(F) restoring historic buildings that are located within

the boundaries of the Corridor and relate to the theme

of the Corridor; and

(G) ensuring that clear, consistent, and appropriate

signs identifying public access points and sites of interest

are put in place throughout the Corridor.

(3) CONSIDERATION OF INTERESTS OF LOCAL GROUPS.—The

management entity shall, in developing and implementing the

heritage plan for the Corridor, consider the interest of diverse

units of government, businesses, private property owners, and

nonprofit groups within the geographic area.

(4) PUBLIC MEETINGS.—The management entity shall

conduct public meetings at least annually regarding the

implementation of the heritage plan for the Corridor. The

management entity shall place a notice of each such meeting

in a newspaper of general circulation in the Corridor and shall

make the minutes of the meeting available to the public.

SEC. 606. DUTIES OF THE SECRETARY.

(a) ASSISTANCE.—On request of the management entity, and

subject to the availability of funds appropriated specifically for

the purpose, or made available on a reimbursable basis, the

Secretary shall provide administrative, technical, financial, development, and operations assistance for the purposes of this title. The

assistance may include—

(1) general administrative support in planning, finance,

personnel, procurement, property management, environmental

and historical compliance, and land acquisition;

(2) personnel;

(3) office space and equipment;

(4) planning and design services for visitor use facilities,

trails, interpretive exhibits, publications, signs, and natural

resource management;

(5) development and construction assistance, including

visitor use facilities, trails, river use and access facilities, scenic

byways, signs, waysides, and rehabilitation of historic structures; and

(6) operations functions, including interpretation and

visitor services, maintenance, and natural resource management services conducted within the boundaries of the Corridor.

(b) LOANS, GRANTS, AND COOPERATIVE AGREEMENTS.—For the

purposes of assisting in the development and implementation of

the heritage plan, the Secretary may, in consultation with the

management entity, make loans and grants to, and enter into

cooperative agreements with, the State of South Carolina (or a

political subdivision of the State), private nonprofit organizations,

corporations, or other persons.

(c) APPROVAL OF HERITAGE PLAN.—

(1) IN GENERAL.—Not later than 180 days after receipt

of the plan submitted under section 605(b), the Secretary shall

approve or disapprove the plan.

(2) CRITERIA.—In determining whether to approve a plan

under this title, the Secretary shall consider—

Notice.
110 STAT. 4264 PUBLIC LAW 104–333—NOV. 12, 1996

(A) whether the plan has strong local support from

a diversity of landowners, business interests, nonprofit

organizations, and governments within the area;

(B) whether the plan is consistent with and complements continued economic activity in the area;

(C) whether the plan has a high potential for effective

partnership mechanisms;

(D) whether the plan improperly infringes on private

property rights; and

(E) whether the plan will take appropriate action to

ensure private property rights are observed.

(3) DISAPPROVAL.—

(A) IN GENERAL.—If the Secretary disapproves the

proposed heritage plan, the Secretary shall notify the

management entity.

(B) CONTENTS.—A notification under subparagraph (A)

shall include—

(i) the reasons for the disapproval; and

(ii) recommendations for revision.

(C) REVISED PLAN.—The management entity shall

revise and resubmit the heritage plan to the Secretary

for approval. Not later than 180 days after receipt of the

revised plan, the Secretary shall approve or disapprove

the plan as provided in paragraph (2). The management

entity shall revise and submit the heritage plan until the

heritage plan is approved by the Secretary.

SEC. 607. SUNSET.

The Secretary may not make any grant or provide any assistance under this title after September 30, 2012.

SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated under

this title not more than $1,000,000 for any fiscal year. Not more

than a total of $10,000,000 may be appropriated for the Corridor

under this title.

(b) 50 PERCENT MATCH.—Federal funding provided under this

title, after the designation of this Corridor, may not exceed 50

percent of the total cost of any assistance or grant provided or

authorized under this title.

TITLE VII—AMERICA’S AGRICULTURAL

HERITAGE PARTNERSHIP

SEC. 701. FINDINGS AND PURPOSES.

(a) The Congress finds that—

(1) the city of Waterloo, Iowa, and northeast Iowa posses

many important elements of the nationally significant story

of American agriculture, including Native American agriculture,

agricultural mechanization, seed hybridization, farm cooperative movements, rural electrification, farm-to-market systems,

rural to urban migration, veterinary practice, food processing

and preservation, national farm organizations, international

hunger relief, and the development of national and international agribusiness;

Iowa.

16 USC 461 note.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4265

(2) these resources offer outstanding and unique

opportunities to acknowledge and appreciate the development

of American agriculture;

(3) the National Park Service has determined that the

story of American agriculture is nationally significant, that

northeast Iowa is an ideal place to tell that story, and that

this story could be divided into 4 principal topics for interpretation in northeast Iowa: the Amazing Science of Agriculture,

Agriculture as a Way of Life, Organizing for Survival, and

Crops from Field to Table;

(4) the responsibility for interpreting, retaining, enhancing,

and promoting the resources, values, and amenities of Waterloo,

Iowa, and northeast Iowa resides with volunteer associations,

private businesses, political subdivisions of the State, and the

State of Iowa; and

(5) despite the efforts by volunteer associations, private

businesses, political subdivisions of the State, and the State

of Iowa, the cultural and historical resources of the area have

not realized full potential and may be lost without some

assistance from the Federal Government.

(b) PURPOSES.—The purposes of this title are—

(1) to interpret, retain, enhance, and promote the unique

and significant contributions to national and international agriculture of certain natural, historic, and cultural resources

within Waterloo, Iowa, and northeast Iowa;

(2) to provide a partnership management framework to

assist volunteer associations, private businesses, political subdivisions of the State, and the State of Iowa in developing

and implementing Management Plan policies and programs

that will assist in the interpretation, retention, enhancement,

and promotion of the cultural, natural, and recreational

resources of northeast Iowa;

(3) to allow for local, State, and Federal contributions

through limited grants and technical assistance to create

America’s Agricultural Heritage Partnership through cooperative agreements among volunteer associations, private

businesses, political subdivisions of the State, the State of

Iowa, and residents of the area; and

(4) to provide for an economically self-sustaining

Partnership for the educational and inspirational benefit of

current and future generations concerning the story of

American agriculture.

SEC. 702. DEFINITIONS.

As used in this title:

(1) PARTNERSHIP.—The term ‘‘Partnership’’ means the

America’s Agricultural Heritage Partnership as established by

section 703(a).

(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’

means the management entity as established by section 704(a).

(3) POLITICAL SUBDIVISION.—The term ‘‘political subdivision’’ means a political subdivision of the State of Iowa, any

part of which is located in or adjacent to the area in which

the Partnership’s activities occur, including a county, city, or

town.

(4) STATE.—The term ‘‘State’’ means the State of Iowa.
110 STAT. 4266 PUBLIC LAW 104–333—NOV. 12, 1996

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Agriculture.

(6) PARTNERSHIP MANAGEMENT PLAN.—The term ‘‘Partnership Management Plan’’ means the plan approved pursuant

to section 705(a).

(7) ACTIVITIES.—The term ‘‘activities’’ means the activities

referred to in section 703(b).

SEC. 703. ESTABLISHMENT OF THE AMERICA’S AGRICULTURAL

HERITAGE PARTNERSHIP.

(a) ESTABLISHMENT.—To carry out this title, there is established

in the State of Iowa the ‘‘America’s Agricultural Heritage Partnership’’ (in this title referred to as the ‘‘Partnership’’), upon publication

by the Secretary in the Federal Register of notice that a Partnership

Management Plan has been approved by the Secretary under this

title.

(b) ACTIVITIES.—The Partnership’s activities shall be limited

to the counties of northeast Iowa that are generally depicted in

‘‘Alternatives #2 and #3’’ described in the 1995 National Park

Service ‘‘Special Resource Study, Cedar Valley, Iowa.’’.

(c) PARTICIPATION.—Nothing in this title shall require any

resident located in the area in which the Partnership’s activities

occur to participate in or be associated with the Partnership or

the Partnership’s activities.

(d) AFFILIATIONS.—Nothing in this title shall prohibit future

affiliations or designations of the Partnership or Partnership

Management Entity.

(e) GRANTS, TECHNICAL ASSISTANCE, AND COOPERATIVE

AGREEMENTS.— (1) GRANTS AND TECHNICAL ASSISTANCE.—The Secretary

may make grants and provide technical assistance to America’s

Agricultural Heritage Partnership to assist it in carrying out

its purposes.

(2) COOPERATIVE AGREEMENTS.—The Secretary is authorized to enter into cooperative agreements with private entities,

the State of Iowa, any political subdivision thereof, and other

Federal entities, to further the purposes of this title, the

Partnership, or the Partnership Management Entity.

SEC. 704. ESTABLISHMENT OF THE AMERICA’S AGRICULTURAL

HERITAGE PARTNERSHIP MANAGEMENT ENTITY.

(a) ESTABLISHMENT.—There is established a management entity

for the Partnership based on the ‘‘Management Option #5’’ outlined

in the 1995 National Park Service ‘‘Special Resource Study, Cedar

Valley, Iowa’’ and subject to the approval of the Secretary.

(b) PARTNERSHIP MANAGEMENT PLAN.—The Partnership

management entity shall be established in accordance with the

Partnership Management Plan referred to in section 705(a).

(c) COMPOSITION.—The members of the management entity may

include persons affiliated with the following entities: the American

Association of Museums, American Farm Bureau, American Farmland Trust, Effigy Mounds National Monument and Herbert Hoover

National Historic Site, Iowa Department of Agriculture and Land

Stewardship, Iowa Department of Corrections, Iowa Department

of Cultural Affairs, Iowa Department of Economic Development,

National Trust for Historic Preservation, the Smithsonian Institution, the State Historic Preservation Office of the State of Iowa,

the United States Department of Agriculture, the United States
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4267

Department of Transportation, and the America’s Agricultural/

Industrial Heritage Landscape, Inc.

SEC. 705. PARTNERSHIP MANAGEMENT PLAN.

(a) PREPARATION OF PARTNERSHIP MANAGEMENT PLAN.—A

Partnership Management Plan shall be submitted to the Secretary

for approval no later than three years after the date of the enactment of this title.

(b) ASSISTANCE.—The Secretary may provide technical assistance in the preparation of the Partnership Management Plan.

SEC. 706. LAND USE REGULATION AND PRIVATE PROPERTY

PROTECTION.

(a) REGULATION.—Nothing in this title shall be construed to

modify, enlarge, or diminish any authority of Federal, State, and

local governments to regulate any use of privately owned land

provided by law or regulation.

(b) LAND USE.—Nothing in this title shall be construed to

grant the powers of zoning, land use, or condemnation to the

Partnership Management Entity, the Secretary or any other

Federal, State, or local government entity.

SEC. 707. SUNSET.

The Secretary may not make any grant or provide any assistance under this title after September 30, 2012.

SEC. 708. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated under this title not more than $1,000,000 for any fiscal year. Not more

than a total of $10,000,000 may be appropriated for the Partnership

under this title.

(b) 50 PERCENT MATCH.—Federal funding provided under this

title, after the designation of this Partnership, may not exceed

50 percent of the total cost of any assistance or grant provided

or authorized under this title.

TITLE VIII—OHIO & ERIE CANAL

NATIONAL HERITAGE CORRIDOR

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Ohio & Erie Canal National

Heritage Corridor Act of 1996’’.

SEC. 802. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds the following:

(1) The Ohio & Erie Canal, which opened for commercial

navigation in 1832, was the first inland waterway to connect

the Great Lakes at Lake Erie with the Gulf of Mexico via

the Ohio and Mississippi Rivers and a part of a canal network

in Ohio that was one of America’s most extensive and successful

systems during a period in history when canals were essential

to the Nation’s growth.

(2) The Ohio & Erie Canal spurred economic growth in

the State of Ohio that took the State from near bankruptcy

to the third most economically prosperous State in the Union

in just 20 years.

Ohio & Erie

Canal National

Heritage

Corridor Act of

1996.

16 USC 461 note.
110 STAT. 4268 PUBLIC LAW 104–333—NOV. 12, 1996

(3) A 4-mile section of the Ohio & Erie Canal was

designated a National Historic Landmark in 1966 and other

portions of the Ohio & Erie Canal and many associated structures were placed on the National Register of Historic Places.

(4) In 1974, 19 miles of the Ohio & Erie Canal were

declared nationally significant under National Park Service

new area criteria with the designation of Cuyahoga Valley

National Recreation Area.

(5) The National Park Service found the Ohio & Erie Canal

nationally significant in a 1975 study entitled ‘‘Suitability/Feasibility Study, Proposed Ohio & Erie Canal’’.

(6) A 1993 Special Resources Study of the Ohio & Erie

Canal Corridor conducted by the National Park Service entitled

‘‘A Route to Prosperity’’ has concluded that the corridor is

eligible as a National Heritage Corridor.

(7) Local governments, the State of Ohio, and private sector

interests have embraced the heritage corridor concept and

desire to enter into partnership with the Federal Government

to preserve, protect, and develop the corridor for public benefit.

(b) PURPOSES.—The purposes of this title are—

(1) to preserve and interpret for the educational and

inspirational benefit of present and future generations the

unique and significant contributions to our national heritage

of certain historic and cultural lands, waterways, and structures

within the 87-mile Ohio & Erie Canal Corridor between

Cleveland and Zoar;

(2) to encourage within the corridor a broad range of economic opportunities enhancing the quality of life for present

and future generations;

(3) to provide a management framework to assist the State

of Ohio, its political subdivisions, and nonprofit organizations,

or combinations thereof, in preparing and implementing an

integrated Corridor Management Plan and in developing

policies and programs that will preserve, enhance, and interpret

the cultural, historical, natural, recreation, and scenic resources

of the corridor; and

(4) to authorize the Secretary to provide financial and

technical assistance to the State of Ohio, its political subdivisions, and nonprofit organizations, or combinations thereof,

in preparing and implementing a Corridor Management Plan.

SEC. 803. DEFINITIONS.

For the purposes of this title:

(1) The term ‘‘corridor’’ means the Ohio & Erie Canal

National Heritage Corridor established by section 804.

(2) The term ‘‘Committee’’ means the Ohio & Erie Canal

National Heritage Area Committee established by section 805.

(3) The term ‘‘Corridor Management Plan’’ means the

management plan developed under section 808.

(4) The term ‘‘Secretary’’ means the Secretary of the

Interior.

(5) The term ‘‘technical assistance’’ means any guidance,

advice, help, or aid, other than financial assistance, provided

by the Secretary of the Interior.

(6) The term ‘‘financial assistance’’ means funds appropriated by Congress and made available to the management
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4269

entity for the purposes of preparing and implementing a

Corridor Management Plan.

(7) The term ‘‘management entity’’ means the entity recognized by the Secretary pursuant to section 807(a) to receive,

distribute, and account for Federal funds appropriated for the

purposes of this title.

SEC. 804. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR.

(a) ESTABLISHMENT.—There is established in the State of Ohio

the Ohio & Erie Canal National Heritage Corridor.

(b) BOUNDARIES.—

(1) IN GENERAL.—The boundaries of the corridor shall be

composed of the lands that are generally the route of the

Ohio & Erie Canal from Cleveland to Zoar, Ohio, as depicted

in the 1993 National Park Service Special Resources Study,

‘‘A Route to Prosperity’’, subject to paragraph (2). The specific

boundaries shall be those specified in the management plan

submitted under section 808. The Secretary shall prepare a

map of the corridor which shall be on file and available for

public inspection in the office of the Director of the National

Park Service.

(2) CONSENT OF LOCAL GOVERNMENTS.—No privately owned

property shall be included within the boundaries of the corridor

unless the municipality in which the property is located agrees

to be so included and submits notification of such agreement

to the Secretary.

(c) ADMINISTRATION.—The corridor shall be administered in

accordance with the provisions of this title.

SEC. 805. THE OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR

COMMITTEE.

(a) ESTABLISHMENT.—There is hereby established a Committee

to be known as the ‘‘Ohio & Erie Canal National Heritage Corridor

Committee’’, whose purpose shall be to assist Federal, State, and

local authorities and the private sector in the preparation and

implementation of an integrated Corridor Management Plan.

(b) MEMBERSHIP.—The Committee shall be comprised of 21

members, as follows:

(1) Four individuals, appointed by the Secretary after

consideration of recommendations submitted by the Greater

Cleveland Growth Association, the Akron Regional Development Board, the Stark Development Board, and the Tuscarawas

County Chamber of Commerce, who shall include one representative of business and industry from each of Ohio counties

of Cuyahoga, Summit, Stark, and Tuscarawas.

(2) One individuals, appointed by the Secretary after

consideration of recommendations submitted by the Director

of the Ohio Department of Travel and Tourism, who is a director

of a convention and tourism bureau within the corridor.

(3) One individual, appointed by the Secretary after consideration of recommendations submitted by the Ohio Historic

Preservation Officer, with knowledge and experience in the

field of historic preservation.

(4) One individual, appointed by the Secretary after consideration of recommendations submitted by the Director of the

National Park Service, with knowledge and experience in the

field of historic preservation.
110 STAT. 4270 PUBLIC LAW 104–333—NOV. 12, 1996

(5) Three individuals appointed by the Secretary after

consideration of recommendations submitted by the county or

metropolitan park boards in the Ohio counties of Cuyahoga,

Summit, and Stark.

(6) Eight individuals appointed by the Secretary after

consideration of recommendations submitted by the county

commissioners or county chief executive of the Ohio counties

of Cuyahoga, Summit, Stark and Tuscarawas, including—

(A) from each county, one representative of the

planning offices of the county; and

(B) from each county, one representative of a

municipality in the county.

(7) Two individuals appointed by the Secretary after

consideration of recommendations submitted by the Governor

of Ohio, who shall be representatives of the Directors of the

Ohio Department of Natural Resources and the Ohio Department of Transportation.

(8) The Superintendent of the Cuyahoga Valley National

Recreation Area, ex officio.

(c) APPOINTMENTS.—

(1) IN GENERAL.—Except as provided in paragraph (2),

members of the Committee shall be appointed for terms of

three years and may be reappointed.

(2) INITIAL APPOINTMENTS.—The Secretary shall appoint

the initial members of the Committee within 30 days after

the date on which the Secretary has received all recommendations pursuant to subsection (b). Of the members first

appointed—

(A) the members appointed pursuant to subsection

(b)(6)(B) shall be appointed to a term of two years and

may not be reappointed to a consecutive term; and

(B) the member appointed pursuant to subsection (b)(2)

shall be appointed to a term of two years and may not

be reappointed to a consecutive term.

(d) CHAIR AND VICE CHAIR.—The chair and vice chair of the

Committee shall be elected by the members of the Committee.

The terms of the chair and vice chair shall be two years.

(e) VACANCY.—A vacancy in the Committee shall be filled in

the manner in which the original appointment was made. Any

member appointed to fill a vacancy occurring before the expiration

of the term for which their predecessor was appointed shall be

appointed only for the remainder of such term. Any member of

the Committee appointed for a definite term may serve after the

expiration of their term until their successor has taken office.

(f) COMPENSATION AND EXPENSES.—Members of the Committee

shall serve without compensation for their service on the

Committee.

(g) QUORUM.—Eleven members of the Committee shall

constitute a quorum.

(h) MEETINGS.—The Committee shall meet at least quarterly

at the call of the chairperson or 11 of its members. Meetings

of the Committee shall be subject to section 552b of title 5, United

States Code (relating to open meetings).

(i) NOT TREATED AS ADVISORY COMMITTEE.—The Committee

shall not be treated as an Advisory Committee for purposes of

the Federal Advisory Committee Act (5 U.S.C. App.).
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4271

SEC. 806. POWERS AND DUTIES OF THE NATIONAL HERITAGE

CORRIDOR COMMITTEE.

(a) HEARINGS.—The Committee may, for the purpose of carrying

out this title, hold such hearings, sit and act at such times and

places, take such testimony, and receive such evidence, as the

Committee considers appropriate. The Committee may not issue

subpoenas or exercise any subpoena authority.

(b) BYLAWS.—The Committee may make such bylaws and rules,

consistent with this title, as it considers necessary to carry out

its functions under this title.

(c) POWERS OF MEMBERS AND AGENTS.—Any member or agent

of the Committee, if so authorized by the Committee, may take

any action which the Committee is authorized to take by this

title.

(d) CORRIDOR MANAGEMENT PLAN.—Upon submission of a draft

Corridor Management Plan to the Committee from the management

entity, the Committee shall, within 60 days, review such plan

for consistency with the purposes of this title and endorse the

plan or return it to the management entity for revision. Upon

endorsement of the Corridor Management Plan, the Committee

shall submit such plan to the Secretary for approval pursuant

to section 808.

(e) REVIEW OF BUDGET.—The Committee shall review on an

annual basis the proposed expenditures of Federal funds by the

management entity for consistency with the purpose of this title

and the Corridor Management Plan.

SEC. 807. MANAGEMENT ENTITY.

(a) ENTITY.—Upon petition, the Secretary is authorized to

recognize the Ohio & Erie Canal Association as the management

entity for the Heritage Corridor.

(b) ELIGIBILITY.—To be eligible for designation as the

management entity of the corridor, an entity must possess the

legal ability to—

(1) receive Federal funds for use in preparing and

implementing the management plan for the corridor;

(2) disburse Federal funds to other units of government

or other organizations for use in preparing and implementing

the management plan for the corridor;

(3) account for all Federal funds received or disbursed;

and

(4) sign agreements with the Federal Government.

(c) FEDERAL FUNDING.—

(1) AUTHORIZATION TO RECEIVE.—The management entity

is authorized to receive appropriated Federal funds.

(2) DISQUALIFICATION.—If a management plan for the

corridor is not submitted to the Secretary as required under

section 808 within the time specified herein, the management

entity shall cease to be eligible for Federal funding under

this title until such a plan regarding the corridor is submitted

to the Secretary.

(d) AUTHORITIES OF MANAGEMENT ENTITY.—The management

entity of the corridor may, for purposes of preparing and implementing the management plan for the corridor, use Federal funds made

available under this title—
110 STAT. 4272 PUBLIC LAW 104–333—NOV. 12, 1996

(1) to make grants and loans to the State of Ohio, its

political subdivisions, nonprofit organizations, and other

persons;

(2) to enter into cooperative agreements with, or provide

technical assistance to, Federal agencies, the State of Ohio,

its political subdivision, nonprofit organizations, and other

persons;

(3) to hire and compensate staff;

(4) to obtain money from any source under any program

or law requiring the recipient of such money to make a contribution in order to receive such money; and

(5) to contract for goods and services.

(e) PROHIBITION OF ACQUISITION OF REAL PROPERTY.—The

management entity for the corridor may not use Federal funds

received under this title to acquire real property or any interest

in real property.

SEC. 808. DUTIES OF THE MANAGEMENT ENTITY.

(a) CORRIDOR MANAGEMENT PLAN.—

(1) SUBMISSION FOR REVIEW BY COMMITTEE.—Within 3 years

after the date on which the Secretary has recognized the

management entity for the corridor, the management entity

shall develop and submit for review to the Committee a

management plan for the corridor.

(2) PLAN REQUIREMENTS.—A management plan submitted

under this title shall present comprehensive recommendations

for the conservation, funding, management, and development

of the corridor. The plan shall be prepared with public participation. The plan shall take into consideration existing Federal,

State, county, and local plans and involve residents, public

agencies, and private organizations in the corridor. The plan

shall include a description of actions that units of government

and private organizations are recommended to take to protect

the resources of the corridor. The plan shall specify existing

and potential sources of funding for the conservation, management, and development of the corridor. The plan also shall

include the following, as appropriate:

(A) An inventory of the resources contained in the

corridor, including a list of property in the corridor that

should be conserved, restored, managed, developed, or

maintained because of the natural, cultural, or historic

significance of the property as it relates to the themes

of the corridor.

(B) A recommendation of policies for resource management that consider and detail the application of appropriate

land and water management techniques, including (but

not limited to) the development of intergovernmental

cooperative agreements to manage the historical, cultural,

and natural resources and recreational opportunities of

the corridor in a manner consistent with the support of

appropriate and compatible economic viability.

(C) A program, including plans for restoration and

construction, for implementation of the management plan

by the management entity and specific commitments, for

the first six years of operation of the plan by the partners

identified in said plan.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4273

(D) An analysis of means by which Federal, State,

and local programs may best be coordinated to promote

the purposes of this title.

(E) An interpretive plan for the corridor.

(3) APPROVAL AND DISAPPROVAL OF THE CORRIDOR

MANAGEMENT PLAN.—

(A) IN GENERAL.—Upon submission of the Corridor

Management Plan from the Committee. the Secretary shall

approve or disapprove said plan not later than 60 days

after receipt of the plan. If the Secretary has taken no

action after 60 days upon receipt, the plan shall be considered approved.

(B) DISAPPROVAL AND REVISIONS.—If the Secretary

disapproves the Corridor Management Plan, the Secretary

shall advise the Committee, in writing, of the reasons

for the disapproval and shall make recommendations for

revision of the plan. The Secretary shall approve or disapprove proposed revisions to the plan not later than 60

days after receipt of such revision. If the Secretary has

taken no action for 60 days after receipt, the plan shall

be considered approved.

(b) PRIORITIES.—The management entity shall give priority to

the implementation of actions, goals, and policies set forth in the

management plan for the corridor, including—

(1) assisting units of government, regional planning

organizations, and nonprofit organizations—

(A) in conserving the corridor;

(B) in establishing and maintaining interpretive

exhibits in the corridor;

(C) in developing recreational opportunities in the

corridor;

(D) in increasing public awareness of and appreciation

for the natural, historical, and cultural resources of the

corridor;

(E) in the restoration of historic buildings that are

located within the boundaries of the corridor and relate

to the themes of the corridor; and

(F) in ensuring that clear, consistent, and environmentally appropriate signs identifying access points and

sites of interest are put in place throughout the corridor;

and

(2) consistent with the goals of the management plan,

encouraging economic viability in the affected communities by

appropriate means.

(c) CONSIDERATION OF INTERESTS OF LOCAL GROUPS.—The

management entity shall, in preparing and implementing the

management plan for the corridor, consider the interest of diverse

units of government, businesses, private property owners, and nonprofit groups within the geographic area.

(d) PUBLIC MEETINGS.—The management entity shall conduct

public meetings at least quarterly regarding the implementation

of the Corridor Management Plan.

(e) ANNUAL REPORTS.—The management entity shall, for any

fiscal year in which it receives Federal funds under this title or

in which a loan made by the entity with Federal funds under

section 807(d)(1) is outstanding, submit an annual report to the

Secretary setting forth its accomplishments, its expenses and
110 STAT. 4274 PUBLIC LAW 104–333—NOV. 12, 1996

income, and the entities to which it made any loans and grants

during the year for which the report is made.

(f) COOPERATION WITH AUDITS.—The management entity shall,

for any fiscal year in which its receives Federal funds under this

title or in which a loan made by the entity with Federal funds

under section 807(d)(1) is outstanding, make available for audit

by the Congress, the Secretary, and appropriate units of government

all records and other information pertaining to the expenditure

of such funds and any matching funds, and require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available for such

audit all records and other information pertaining to the expenditure of such funds.

SEC. 809. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

(a) TECHNICAL ASSISTANCE AND GRANTS.— (1) IN GENERAL.—The Secretary may provide technical

assistance and grants to units of government, nonprofit

organizations, and other persons, upon request of the management entity of the corridor, and to the management entity,

regarding the management plan and its implementation.

(2) PROHIBITION OF CERTAIN REQUIREMENTS.—The

Secretary may not, as a condition of the award of technical

assistance or grants under this section, require any recipient

of such technical assistance or grant to enact or modify land

use restrictions.

(3) DETERMINATIONS REGARDING ASSISTANCE.—The

Secretary shall decide if the corridor shall be awarded technical

assistance or grants and the amount of that assistance. Such

decisions shall be based on the relative degree to which the

corridor effectively fulfills the objectives contained in the

Corridor Management Plan and achieves the purposes of this

title. Such decisions shall give consideration to projects which

provide a greater leverage of Federal funds.

(b) PROVISION OF INFORMATION.—In cooperation with other

Federal agencies, the Secretary shall provide the general public

with information regarding the location and character of the

corridor.

(c) OTHER ASSISTANCE.—Upon request, the Superintendent of

Cuyahoga Valley National Recreation Area may provide to public

and private organizations within the corridor (including the

management entity for the corridor) such operational assistance

as appropriate to support the implementation of the Corridor

Management Plan, subject to the availability of appropriated funds.

The Secretary is authorized to enter into cooperative agreements

with public and private organizations for the purposes of implementing this subsection.

(d) DUTIES OF OTHER FEDERAL AGENCIES.—Any Federal entity

conducting any activity directly affecting the corridor shall consider

the potential effect of the activity on the Corridor Management

Plan and shall consult with the management entity of the corridor

with respect to the activity to minimize the adverse effects of

the activity on the corridor.

SEC. 810. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE

PROPERTY.

(a) LACK OF EFFECT ON AUTHORITY OF GOVERNMENTS.—Nothing

in this title shall be construed to modify, enlarge, or diminish
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4275

any authority of Federal, State, or local governments to regulate

any use of land as provided for by law or regulation.

(b) LACK OF ZONING OR LAND USE POWERS.—Nothing in this

title shall be construed to grant powers of zoning or land use

control to the Committee or management entity of the corridor.

(c) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT AFFECTED.—

Nothing in this title shall be construed to affect or to authorize

the Committee to interfere with—

(1) the rights of any person with respect to private

property; or

(2) any local zoning ordinance or land use plan of the

State of Ohio or a political subdivision thereof.

SEC. 811. SUNSET.

The Secretary may not make any grant or provide any assistance under this title after September 30, 2012.

SEC. 812. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated under

this title not more than $1,000,000 for any fiscal year. Not more

than a total of $10,000,000 may be appropriated for the corridor

under this title.

(b) 50 PERCENT MATCH.—Federal funding provided under this

title, after the designation of this corridor, may not exceed 50

percent of the total cost of any assistance or grant provided or

authorized under this title.

TITLE IX—HUDSON RIVER VALLEY

NATIONAL HERITAGE AREA

SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Hudson River Valley National

Heritage Area Act of 1996’’.

SEC. 902. FINDINGS.

The Congress finds the following:

(1) The Hudson River Valley between Yonkers, New York,

and Troy, New York, possesses important historical, cultural,

and natural resources, representing themes of settlement and

migration, transportation, and commerce.

(2) The Hudson River Valley played an important role

in the military history of the American Revolution.

(3) The Hudson River Valley gave birth to important movements in American art and architecture through the work

of Andrew Jackson Downing, Alexander Jackson Davis, Thomas

Cole, and their associates, and played a central role in the

recognition of the esthetic value of the landscape and the development of an American esthetic ideal.

(4) The Hudson River Valley played an important role

in the development of the iron, textile, and collar and cuff

industries in the 19th century, exemplified in surviving structures such as the Harmony Mills complex at Cohoes, and in

the development of early men’s and women’s labor and cooperative organizations, and is the home of the first women’s labor

union and the first women’s secondary school.

Andrew Jackson

Downing.

Alexander

Jackson Davis.

Thomas Cole.

Hudson River

Valley National

Heritage Area

Act of 1996.

16 USC 461 note.
110 STAT. 4276 PUBLIC LAW 104–333—NOV. 12, 1996

(5) The Hudson River Valley, in its cities and towns and

in its rural landscapes—

(A) displays exceptional surviving physical resources

illustrating these themes and the social, industrial, and

cultural history of the 19th and early 20th centuries; and

(B) includes many National Historic Sites and Landmarks.

(6) The Hudson River Valley is the home of traditions

associated with Dutch and Huguenot settlements dating to

the 17th and 18th centuries, was the locus of characteristic

American stories such as ‘‘Rip Van Winkle’’ and the ‘‘Legend

of Sleepy Hollow’’, and retains physical, social, and cultural

evidence of these traditions and the traditions of other more

recent ethnic and social groups.

(7) New York State has established a structure for the

Hudson River Valley communities to join together to preserve,

conserve, and manage these resources, and to link them through

trails and other means, in the Hudson River Greenway Communities Council and the Greenway Conservancy.

SEC. 903. PURPOSES.

The purposes of this title are the following:

(1) To recognize the importance of the history and the

resources of the Hudson River Valley to the Nation.

(2) To assist the State of New York and the communities

of the Hudson River Valley in preserving, protecting, and interpreting these resources for the benefit of the Nation.

(3) To authorize Federal financial and technical assistance

to serve these purposes.

SEC. 904. HUDSON RIVER VALLEY NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT.—There is hereby established a Hudson

River Valley National Heritage Area (in this title referred to as

the ‘‘Heritage Area’’).

(b) BOUNDARIES.— (1) IN GENERAL.—Except as otherwise provided in paragraph (2), the Heritage Area shall be comprised of the counties

of Albany, Rensselaer, Columbia, Greene, Ulster, Dutchess,

Orange, Putnam, Westchester, and Rockland, New York, and

the Village of Waterford in Saratoga County, New York.

(2) AREAS EXCLUDED.—The Heritage Area shall not include

any of the following:

(A) The counties of Greene and Columbia.

(B) Those portions of the counties of Rensselaer and

Dutchess located entirely within the 22d Congressional

District of New York (as such district exists on the date

of the enactment of this Act).

(c) MANAGEMENT ENTITIES.—The management entities for the

Heritage Area shall be the Hudson River Valley Greenway Communities Council and the Greenway Conservancy (agencies established

by the State of New York in its Hudson River Greenway Act

of 1991, in this title referred to as the ‘‘management entities’’).

The management entities shall jointly establish a Heritage Area

Committee to manage the Heritage Area.

SEC. 905. COMPACT.

To carry out the purposes of this title, the Secretary of the

Interior (in this title referred to as the ‘‘Secretary’’) shall enter
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4277

into a compact with the management entities. The compact shall

include information relating to the objectives and management of

the area, including the following:

(1) A discussion of the goals and objectives of the Heritage

Area, including an explanation of a proposed approach to

conservation and interpretation, and a general outline of the

protection measures committed to by the parties to the compact.

(2) A description of the respective roles of the management

entities.

(3) A list of the initial partners to be involved in developing

and implementing a management plan for the Heritage Area,

and a statement of the financial commitment of such partners.

(4) A description of the role of the State of New York.

SEC. 906. MANAGEMENT PLAN.

The management entities shall develop a management plan

for the Heritage Area that presents comprehensive recommendations for the Heritage Area’s conservation, funding, management

and development. Such plan shall take into consideration existing

State, county, and local plans and involve residents, public agencies,

and private organizations working in the Heritage Area. It shall

include actions to be undertaken by units of government and private

organizations to protect the resources of the Heritage Area. It

shall specify the existing and potential sources of funding to protect,

manage, and develop the Heritage Area. Such plan shall include

specifically as appropriate the following:

(1) An inventory of the resources contained in the Heritage

Area, including a list of any property in the Heritage Area

that is related to the themes of the Heritage Area and that

should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational,

or scenic significance.

(2) A recommendation of policies of resource management

which consider and detail application of appropriate land and

water management techniques, including but not limited to,

the development of intergovernmental cooperative agreements

to protect the Heritage Area’s historical, cultural, recreational,

and natural resources in a manner consistent with supporting

appropriate and compatible economic viability.

(3) A program for implementation of the management plan

by the management entities, including plans for restoration

and construction, and specific commitments of the identified

partners for the first 5 years of operation.

(4) An analysis of ways in which local, State, and Federal

programs may best be coordinated to promote the purposes

of this title.

(5) An interpretation plan for the Heritage Area.

SEC. 907. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITIES.

(a) AUTHORITIES OF THE MANAGEMENT ENTITIES.—The management entities may, for purposes of preparing and implementing

the management plan under section 906, use Federal funds made

available through this title—

(1) to make loans and grants to, and enter into cooperative

agreements with, States and their political subdivisions, private

organizations, or any person; and

(2) to hire and compensate staff.
110 STAT. 4278 PUBLIC LAW 104–333—NOV. 12, 1996

(b) DUTIES OF THE MANAGEMENT ENTITIES.—The management

entities shall—

(1) develop and submit to the Secretary for approval a

management plan as described in section 906 within 5 years

after the date of the enactment of this title.

(2) give priority to implementing actions as set forth in

the compact and the management plan, including taking

steps to—

(A) assist units of government, regional planning

organizations, and nonprofit organizations in preserving

the Heritage Area;

(B) assist units of government, regional planning

organizations, and nonprofit organizations in establishing,

and maintaining interpretive exhibits in the Heritage Area;

(C) assist units of government, regional planning

organizations, and nonprofit organizations in developing

recreational resources in the Heritage Area;

(D) assist units of government, regional planning

organizations, and nonprofit organizations in increasing

public awareness of an appreciation for the natural, historical and architectural resources and sites in the Heritage

Area;

(E) assist units of government, regional planning

organizations and nonprofit organizations in the restoration

of any historic building relating to the themes of the

Heritage Area;

(F) encourage by appropriate means economic viability

in the corridor consistent with the goals of the plan;

(G) encourage local governments to adopt land use

policies consistent with the management of the Heritage

Area and the goals of the plan; and

(H) assist units of government, regional planning

organizations and nonprofit organizations to ensure that

clear, consistent, and environmentally appropriate signs

identifying access points and sites of interest are put in

place throughout the Heritage Area;

(3) consider the interests of diverse governmental, business,

and nonprofit groups within the Heritage Area;

(4) conduct public meetings at least quarterly regarding

the implementation of the management plan;

(5) submit substantial changes (including any increase of

more than 20 percent in the cost estimates for implementation)

to the management plan to the Secretary for the Secretary’s

approval;

(6) for any year in which Federal funds have been received

under this title, submit an annual report to the Secretary

setting forth its accomplishments, its expenses and income,

and the entities to which any loans and grants were made

during the year for which the report is made; and

(7) for any year in which Federal funds have been received

under this title, make available for audit all records pertaining

to the expenditure of such funds and any matching funds,

and require, for all agreements authorizing expenditure of

Federal funds by other organizations, that the receiving

organizations make available for audit all records pertaining

to the expenditure of such funds.

Records.

Reports.

Public

information.
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4279

If a management plan is not submitted to the Secretary as required

under paragraph (1) within the specified time, the Heritage Area

shall no longer qualify for Federal funding.

(c) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—

The management entities may not use Federal funds received under

this title to acquire real property or an interest in real property.

Nothing in this title shall preclude any management entity from

using Federal funds from other sources for their permitted purposes.

(d) ELIGIBILITY FOR RECEIVING FINANCIAL ASSISTANCE.—

(1) ELIGIBILITY.—The management entities shall be eligible

to receive funds appropriated through this title for a period

of 10 years after the day on which the compact under section

905 is signed by the Secretary and the management entities,

except as provided in paragraph (2).

(2) EXCEPTION.—The management entities’ eligibility for

funding under this title may be extended for a period of not

more than 5 additional years if—

(A) the management entities determine such extension

is necessary in order to carry out the purposes of this

title and notify the Secretary not later than 180 days

prior to the termination date;

(B) the management entities, not later than 180 days

prior to the termination date, present to the Secretary

a plan of their activities for the period of the extension,

including provisions for becoming independent of the funds

made available through this title; and

(C) the Secretary, with the advice of the Governor

of New York, approves such extension of funding.

SEC. 908. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

(a) DUTIES AND AUTHORITIES OF THE SECRETARY.—

(1) TECHNICAL AND FINANCIAL ASSISTANCE.—

(A) IN GENERAL.—The Secretary may, upon request

of the management entities, provide technical and financial

assistance to the Heritage Area to develop and implement

the management plan. In assisting the Heritage Area, the

Secretary shall give priority to actions that in general

assist in—

(i) conserving the significant natural historic, and

cultural resources which support its themes; and

(ii) providing educational, interpretive, and

recreational opportunities consistent with its resources

and associated values.

(B) SPENDING FOR NON-FEDERALLY OWNED PROPERTY.—

The Secretary may spend Federal funds directly on nonfederally owned property to further the purposes of this title,

especially in assisting units of government in appropriate

treatment of districts, sites, buildings, structures, and

objects listed or eligible for listing on the National Register

of Historic Places.

(2) APPROVAL AND DISAPPROVAL OF COMPACTS AND

MANAGEMENT PLANS.—

(A) IN GENERAL.—The Secretary, in consultation with

the Governor of New York, shall approve or disapprove

a compact or management plan submitted under this title

not later than 90 days after receiving such compact or

management plan.

Notification.
110 STAT. 4280 PUBLIC LAW 104–333—NOV. 12, 1996

(B) ACTION FOLLOWING DISAPPROVAL.—If the Secretary

disapproves a submitted compact or management plan,

the Secretary shall advise the management entities in

writing of the reasons therefor and shall make recommendations for revisions in the compact or plan. The

Secretary shall approve or disapprove a proposed revision

within 90 days after the date it is submitted.

(3) APPROVING AMENDMENTS.—The Secretary shall review

substantial amendments to the management plan for the Heritage Area. Funds appropriated pursuant to this title may not

be expended to implement the changes until the Secretary

approves the amendments.

(4) PROMULGATING REGULATIONS.—The Secretary shall

promulgate such regulations as are necessary to carry out

the purposes of this title.

(b) DUTIES OF FEDERAL ENTITIES.—Any Federal entity conducting or supporting activities directly affecting the Heritage Area,

and any unit of government acting pursuant to a grant of Federal

funds or a Federal permit or agreement conducting or supporting

such activities, shall to the maximum extent practicable—

(1) consult with the Secretary and the management entities

with respect to such activities;

(2) cooperate with the Secretary and the management

entities in carrying out their duties under this title and coordinate such activities with the carrying out of such duties; and

(3) conduct or support such activities in a manner consistent with the management plan unless the Federal entity, after

consultation with the management entities, determines there

is no practicable alternative.

SEC. 909. AUTHORIZATION OF APPROPRIATIONS.

(a) COMPACTS AND MANAGEMENT PLAN.—There is authorized

to be appropriated to the Secretary, for grants for developing a

compact under section 905 and providing assistance for a management plan under section 906, not more than $300,000, to remain

available until expended, subject to the following conditions:

(1) No grant for a compact or management plan may exceed

75 percent of the grantee’s cost for such study or plan.

(2) The total amount of Federal funding for the compact

for the Heritage Area may not exceed $150,000.

(3) The total amount of Federal funding for a management

plan for the Heritage Area may not exceed $150,000.

(b) MANAGEMENT ENTITY OPERATIONS.—There is authorized to

be appropriated to the Secretary for the management entities,

amounts as follows:

(1) For the operating costs of each management entity,

pursuant to section 907, not more than $250,000 annually.

(2) For technical assistance pursuant to section 908, not

more than $50,000 annually.

The Federal contribution to the operations of the management

entities shall not exceed 50 percent of the annual operating costs

of the entities.

(c) IMPLEMENTATION.—There is authorized to be appropriated

to the Secretary, for grants (and the administration thereof) for

the implementation of the management plans for the Heritage

Area pursuant to section 908, not more than $10,000,000, to remain

available until expended, subject to the following conditions:
PUBLIC LAW 104–333—NOV. 12, 1996 110 STAT. 4281

LEGISLATIVE HISTORY—H.R. 4236:

CONGRESSIONAL RECORD, Vol. 142 (1996):

Sept. 28, considered and passed House.

Oct. 3, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Nov. 12, Presidential remarks and statement.

Æ

(1) No grant for implementation may exceed 50 percent

of the grantee’s cost of implementation.

(2) Any payment made shall be subject to an agreement

that conversion, use, or disposal of the project so assisted

for purposes contrary to the purposes of this title, as determined

by the Secretary, shall result in a right of the United States

of reimbursement of all funds made available to such project

or the proportion of the increased value of the project

attributable to such funds as determined at the time of such

conversion, use, or disposal, whichever is greater.

SEC. 910. SUNSET.

The Secretary may not make any grant or provide any

assistance under this title after September 30, 2012.

Approved November 12, 1996.