PUBLIC LAW 110–229—MAY 8, 2008 

CONSOLIDATED NATURAL 

RESOURCES ACT OF 2008 


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122 STAT. 754 PUBLIC LAW 110–229—MAY 8, 2008 

Public Law 110–229 

110th Congress 

An Act 

To authorize certain programs and activities in the Department of the Interior, 

the Forest Service, and the Department of Energy, to implement further the 

Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to amend 

the Compact of Free Association Amendments Act of 2003, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Consolidated 

Natural Resources Act of 2008’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FOREST SERVICE AUTHORIZATIONS 

Sec. 101. Wild Sky Wilderness. 

Sec. 102. Designation of national recreational trail, Willamette National Forest, Oregon, in honor of Jim Weaver, a former Member of the House of Representatives. 

TITLE II—BUREAU OF LAND MANAGEMENT AUTHORIZATIONS 

Sec. 201. Piedras Blancas Historic Light Station. 

Sec. 202. Jupiter Inlet Lighthouse Outstanding Natural Area. 

Sec. 203. Nevada National Guard land conveyance, Clark County, Nevada. 

TITLE III—NATIONAL PARK SERVICE AUTHORIZATIONS 

Subtitle A—Cooperative Agreements 

Sec. 301. Cooperative agreements for national park natural resource protection. 

Subtitle B—Boundary Adjustments and Authorizations 

Sec. 311. Carl Sandburg Home National Historic Site boundary adjustment. 

Sec. 312. Lowell National Historical Park boundary adjustment. 

Sec. 313. Minidoka National Historic Site. 

Sec. 314. Acadia National Park improvement. 

Subtitle C—Studies 

Sec. 321. National Park System special resource study, Newtonia Civil War Battlefields, Missouri. 

Sec. 322. National Park Service study regarding the Soldiers’ Memorial Military 

Museum. 

Sec. 323. Wolf House study. 

Sec. 324. Space Shuttle Columbia study. 

Sec. 325. Ce ́sar E. Cha ́vez study. 

Sec. 326. Taunton, Massachusetts, special resource study. 

Sec. 327. Rim of the Valley Corridor study. 

Subtitle D—Memorials, Commissions, and Museums 

Sec. 331. Commemorative work to honor Brigadier General Francis Marion and his 

family. 

Consolidated 

Natural 

Resources Act 

of 2008. 

16 USC 1 note. 

May 8, 2008 

[S. 2739] 


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PUBLIC LAW 110–229—MAY 8, 2008 122 STAT. 755 

Sec. 332. Dwight D. Eisenhower Memorial Commission. 

Sec. 333. Commission to Study the Potential Creation of a National Museum of the 

American Latino. 

Sec. 334. Hudson-Fulton-Champlain Quadricentennial Commemoration Commission. 

Sec. 335. Sense of Congress regarding the designation of the Museum of the American Quilter’s Society of the United States. 

Sec. 336. Sense of Congress regarding the designation of the National Museum of 

Wildlife Art of the United States. 

Sec. 337. Redesignation of Ellis Island Library. 

Subtitle E—Trails and Rivers 

Sec. 341. Authorization and administration of Star-Spangled Banner National Historic Trail. 

Sec. 342. Land conveyance, Lewis and Clark National Historic Trail, Nebraska. 

Sec. 343. Lewis and Clark National Historic Trail extension. 

Sec. 344. Wild and scenic River designation, Eightmile River, Connecticut. 

Subtitle F—Denali National Park and Alaska Railroad Exchange 

Sec. 351. Denali National Park and Alaska Railroad Corporation exchange. 

Subtitle G—National Underground Railroad Network to Freedom Amendments 

Sec. 361. Authorizing appropriations for specific purposes. 

Subtitle H—Grand Canyon Subcontractors 

Sec. 371. Definitions. 

Sec. 372. Authorization. 

TITLE IV—NATIONAL HERITAGE AREAS 

Subtitle A—Journey Through Hallowed Ground National Heritage Area 

Sec. 401. Purposes. 

Sec. 402. Definitions. 

Sec. 403. Designation of the Journey Through Hallowed Ground National Heritage 

Area. 

Sec. 404. Management plan. 

Sec. 405. Evaluation; report. 

Sec. 406. Local coordinating entity. 

Sec. 407. Relationship to other Federal agencies. 

Sec. 408. Private property and regulatory protections. 

Sec. 409. Authorization of appropriations. 

Sec. 410. Use of Federal funds from other sources. 

Sec. 411. Sunset for grants and other assistance. 

Subtitle B—Niagara Falls National Heritage Area 

Sec. 421. Purposes. 

Sec. 422. Definitions. 

Sec. 423. Designation of the Niagara Falls National Heritage Area. 

Sec. 424. Management plan. 

Sec. 425. Evaluation; report. 

Sec. 426. Local coordinating entity. 

Sec. 427. Niagara Falls Heritage Area Commission. 

Sec. 428. Relationship to other Federal agencies. 

Sec. 429. Private property and regulatory protections. 

Sec. 430. Authorization of appropriations. 

Sec. 431. Use of Federal funds from other sources. 

Sec. 432. Sunset for grants and other assistance. 

Subtitle C—Abraham Lincoln National Heritage Area 

Sec. 441. Purposes. 

Sec. 442. Definitions. 

Sec. 443. Designation of Abraham Lincoln National Heritage Area. 

Sec. 444. Management plan. 

Sec. 445. Evaluation; report. 

Sec. 446. Local coordinating entity. 

Sec. 447. Relationship to other Federal agencies. 

Sec. 448. Private property and regulatory protections. 

Sec. 449. Authorization of appropriations. 

Sec. 450. Use of Federal funds from other sources. 

Sec. 451. Sunset for grants and other assistance. 


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122 STAT. 756 PUBLIC LAW 110–229—MAY 8, 2008 

Subtitle D—Authorization Extensions and Viability Studies 

Sec. 461. Extensions of authorized appropriations. 

Sec. 462. Evaluation and report. 

Subtitle E—Technical Corrections and Additions 

Sec. 471. National Coal Heritage Area technical corrections. 

Sec. 472. Rivers of steel national heritage area addition. 

Sec. 473. South Carolina National Heritage Corridor addition. 

Sec. 474. Ohio and Erie Canal National Heritage Corridor technical corrections. 

Sec. 475. New Jersey Coastal Heritage trail route extension of authorization. 

Subtitle F—Studies 

Sec. 481. Columbia-Pacific National Heritage Area study. 

Sec. 482. Study of sites relating to Abraham Lincoln in Kentucky. 

TITLE V—BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL 

SURVEY AUTHORIZATIONS 

Sec. 501. Alaska water resources study. 

Sec. 502. Renegotiation of payment schedule, Redwood Valley County Water District. 

Sec. 503. American River Pump Station Project transfer. 

Sec. 504. Arthur V. Watkins Dam enlargement. 

Sec. 505. New Mexico water planning assistance. 

Sec. 506. Conveyance of certain buildings and lands of the Yakima Project, Washington. 

Sec. 507. Conjunctive use of surface and groundwater in Juab County, Utah. 

Sec. 508. Early repayment of A & B Irrigation District construction costs. 

Sec. 509. Oregon water resources. 

Sec. 510. Republican River Basin feasibility study. 

Sec. 511. Eastern Municipal Water District. 

Sec. 512. Bay Area regional water recycling program. 

Sec. 513. Bureau of Reclamation site security. 

Sec. 514. More water, more energy, and less waste. 

Sec. 515. Platte River Recovery Implementation Program and Pathfinder Modification Project authorization. 

Sec. 516. Central Oklahoma Master Conservatory District feasibility study. 

TITLE VI—DEPARTMENT OF ENERGY AUTHORIZATIONS 

Sec. 601. Energy technology transfer. 

Sec. 602. Amendments to the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988. 

TITLE VII—NORTHERN MARIANA ISLANDS 

Subtitle A—Immigration, Security, and Labor 

Sec. 701. Statement of congressional intent. 

Sec. 702. Immigration reform for the Commonwealth. 

Sec. 703. Further amendments to Public Law 94–241. 

Sec. 704. Authorization of appropriations. 

Sec. 705. Effective date. 

Subtitle B—Northern Mariana Islands Delegate 

Sec. 711. Delegate to House of Representatives from Commonwealth of the Northern Mariana Islands. 

Sec. 712. Election of Delegate. 

Sec. 713. Qualifications for Office of Delegate. 

Sec. 714. Determination of election procedure. 

Sec. 715. Compensation, privileges, and immunities. 

Sec. 716. Lack of effect on covenant. 

Sec. 717. Definition. 

Sec. 718. Conforming amendments regarding appointments to military service 

academies by Delegate from the Commonwealth of the Northern Mariana Islands. 

TITLE VIII—COMPACTS OF FREE ASSOCIATION AMENDMENTS 

Sec. 801. Approval of Agreements. 

Sec. 802. Funds to facilitate Federal activities. 

Sec. 803. Conforming amendment. 

Sec. 804. Clarifications regarding Palau. 


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Sec. 805. Availability of legal services. 

Sec. 806. Technical amendments. 

Sec. 807. Transmission of videotape programming. 

Sec. 808. Palau road maintenance. 

Sec. 809. Clarification of tax-free status of trust funds. 

Sec. 810. Transfer of naval vessels to certain foreign recipients. 

TITLE I—FOREST SERVICE 

AUTHORIZATIONS 

SEC. 101. WILD SKY WILDERNESS. 

(a) ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION

SYSTEM.— 

(1) ADDITIONS.—The following Federal lands in the State 

of Washington are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation 

System: certain lands which comprise approximately 106,000 

acres, as generally depicted on a map entitled ‘‘Wild Sky Wilderness Proposal’’ and dated February 6, 2007, which shall be 

known as the ‘‘Wild Sky Wilderness’’. 

(2) MAP AND LEGAL DESCRIPTIONS.—As soon as practicable 

after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the wilderness area designated under this section with the Committee 

on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. 

The map and description shall have the same force and effect 

as if included in this section, except that the Secretary of 

Agriculture may correct clerical and typographical errors in 

the legal description and map. The map and legal description 

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

of the Chief of the Forest Service, Department of Agriculture. 

(b) ADMINISTRATION PROVISIONS.— 

(1) IN GENERAL.— 

(A) Subject to valid existing rights, lands designated 

as wilderness by this section shall be managed by the 

Secretary of Agriculture in accordance with the Wilderness 

Act (16 U.S.C. 1131 et seq.) and this section, except that, 

with respect to any wilderness areas designated by this 

section, any reference in the Wilderness Act to the effective 

date of the Wilderness Act shall be deemed to be a reference 

to the date of enactment of this Act. 

(B) To fulfill the purposes of this section and the 

Wilderness Act and to achieve administrative efficiencies, 

the Secretary of Agriculture may manage the area designated by this section as a comprehensive part of the 

larger complex of adjacent and nearby wilderness areas. 

(2) NEW TRAILS.— 

(A) The Secretary of Agriculture shall consult with 

interested parties and shall establish a trail plan for Forest 

Service lands in order to develop— 

(i) a system of hiking and equestrian trails within 

the wilderness designated by this section in a manner 

consistent with the Wilderness Act (16 U.S.C. 1131 

et seq.); and 

(ii) a system of trails adjacent to or to provide 

access to the wilderness designated by this section. 

Plan. 

16 USC 1132 

note. 

Washington. 


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(B) Within 2 years after the date of enactment of 

this Act, the Secretary of Agriculture shall complete a 

report on the implementation of the trail plan required 

under this section. This report shall include the identification of priority trails for development. 

(3) REPEATER SITE.—Within the Wild Sky Wilderness, the 

Secretary of Agriculture is authorized to use helicopter access 

to construct and maintain a joint Forest Service and Snohomish 

County telecommunications repeater site, in compliance with 

a Forest Service approved communications site plan, for the 

purposes of improving communications for safety, health, and 

emergency services. 

(4) FLOAT PLANE ACCESS.—As provided by section 4(d)(1) 

of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of 

floatplanes on Lake Isabel, where such use has already become 

established, shall be permitted to continue subject to such 

reasonable restrictions as the Secretary of Agriculture determines to be desirable. 

(5) EVERGREEN MOUNTAIN LOOKOUT.—The designation 

under this section shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same 

manner and degree in which the operation and maintenance 

of such lookout was occurring as of the date of enactment 

of this Act. 

(c) AUTHORIZATION FOR LAND ACQUISITION.— 

(1) IN GENERAL.—The Secretary of Agriculture is authorized 

to acquire lands and interests therein, by purchase, donation, 

or exchange, and shall give priority consideration to those lands 

identified as ‘‘Priority Acquisition Lands’’ on the map described 

in subsection (a)(1). The boundaries of the Mt. BakerSnoqualmie National Forest and the Wild Sky Wilderness shall 

be adjusted to encompass any lands acquired pursuant to this 

section. 

(2) ACCESS.—Consistent with section 5(a) of the Wilderness 

Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall 

ensure adequate access to private inholdings within the Wild 

Sky Wilderness. 

(3) APPRAISAL.—Valuation of private lands shall be determined without reference to any restrictions on access or use 

which arise out of designation as a wilderness area as a result 

of this section. 

(d) LAND EXCHANGES.—The Secretary of Agriculture shall 

exchange lands and interests in lands, as generally depicted on 

a map entitled ‘‘Chelan County Public Utility District Exchange’’ 

and dated May 22, 2002, with the Chelan County Public Utility 

District in accordance with the following provisions: 

(1) If the Chelan County Public Utility District, within 

90 days after the date of enactment of this Act, offers to 

the Secretary of Agriculture approximately 371.8 acres within 

the Mt. Baker-Snoqualmie National Forest in the State of 

Washington, the Secretary shall accept such lands. 

(2) Upon acceptance of title by the Secretary of Agriculture 

to such lands and interests therein, the Secretary of Agriculture 

shall convey to the Chelan County Public Utility District a 

permanent easement, including helicopter access, consistent 

with such levels as used as of the date of enactment of this 

Act, to maintain an existing telemetry site to monitor snow 

Deadline. 

Communications 

and telecommunications. 

Deadline. 

Reports. 


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pack on 1.82 acres on the Wenatchee National Forest in the 

State of Washington. 

(3) The exchange directed by this section shall be consummated if Chelan County Public Utility District conveys 

title acceptable to the Secretary and provided there is no hazardous material on the site, which is objectionable to the Secretary. 

(4) In the event Chelan County Public Utility District determines there is no longer a need to maintain a telemetry site 

to monitor the snow pack for calculating expected runoff into 

the Lake Chelan hydroelectric project and the hydroelectric 

projects in the Columbia River Basin, the Secretary shall be 

notified in writing and the easement shall be extinguished 

and all rights conveyed by this exchange shall revert to the 

United States. 

SEC. 102. DESIGNATION OF NATIONAL RECREATIONAL TRAIL, WILLAMETTE NATIONAL FOREST, OREGON, IN HONOR OF JIM 

WEAVER, A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES. 

(a) DESIGNATION.—Forest Service trail number 3590 in the 

Willamette National Forest in Lane County, Oregon, which is a 

19.6 mile trail that begins and ends at North Waldo Campground 

and circumnavigates Waldo Lake, is hereby designated as a national 

recreation trail under section 4 of the National Trails System Act 

(16 U.S.C. 1243) and shall be known as the ‘‘Jim Weaver Loop 

Trail’’. 

(b) INTERPRETIVE SIGN.—Using funds available for the Forest 

Service, the Secretary of Agriculture shall prepare, install, and 

maintain an appropriate sign at the trailhead of the Jim Weaver 

Loop Trail to indicate the name of the trail and to provide information regarding the life and career of Congressman Jim Weaver. 

TITLE II—BUREAU OF LAND 

MANAGEMENT AUTHORIZATIONS 

SEC. 201. PIEDRAS BLANCAS HISTORIC LIGHT STATION. 

(a) DEFINITIONS.—In this section: 

(1) LIGHT STATION.—The term ‘‘Light Station’’ means 

Piedras Blancas Light Station. 

(2) OUTSTANDING NATURAL AREA.—The term ‘‘Outstanding 

Natural Area’’ means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to subsection (c). 

(3) PUBLIC LANDS.—The term ‘‘public lands’’ has the 

meaning stated in section 103(e) of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1703(e)). 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(b) FINDINGS.—Congress finds as follows: 

(1) The publicly owned Piedras Blancas Light Station has 

nationally recognized historical structures that should be preserved for present and future generations. 

(2) The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine 

California. 

43 USC 1786. 

Notification. 


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habitat that provides critical information to research institutions throughout the world. 

(3) The Light Station tells an important story about California’s coastal prehistory and history in the context of the surrounding region and communities. 

(4) The coastal area surrounding the Light Station was 

traditionally used by Indian people, including the Chumash 

and Salinan Indian tribes. 

(5) The Light Station is historically associated with the 

nearby world-famous Hearst Castle (Hearst San Simeon State 

Historical Monument), now administered by the State of California. 

(6) The Light Station represents a model partnership where 

future management can be successfully accomplished among 

the Federal Government, the State of California, San Luis 

Obispo County, local communities, and private groups. 

(7) Piedras Blancas Historic Light Station Outstanding 

Natural Area would make a significant addition to the National 

Landscape Conservation System administered by the Department of the Interior’s Bureau of Land Management. 

(8) Statutory protection is needed for the Light Station 

and its surrounding Federal lands to ensure that it remains 

a part of our historic, cultural, and natural heritage and to 

be a source of inspiration for the people of the United States. 

(c) DESIGNATION OF THE PIEDRAS BLANCAS HISTORIC LIGHT

STATION OUTSTANDING NATURAL AREA.— 

(1) IN GENERAL.—In order to protect, conserve, and enhance 

for the benefit and enjoyment of present and future generations 

the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values 

of certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing 

certain recreational and research activities to continue, there 

is established, subject to valid existing rights, the Piedras 

Blancas Historic Light Station Outstanding Natural Area. 

(2) MAPS AND LEGAL DESCRIPTIONS.—The boundaries of 

the Outstanding Natural Area as those shown on the map 

entitled ‘‘Piedras Blancas Historic Light Station: Outstanding 

Natural Area’’, dated May 5, 2004, which shall be on file 

and available for public inspection in the Office of the Director, 

Bureau of Land Management, United States Department of 

the Interior, and the State office of the Bureau of Land Management in the State of California. 

(3) BASIS OF MANAGEMENT.—The Secretary shall manage 

the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, 

and shall allow only those uses that further the purposes for 

the establishment of the Outstanding Natural Area, the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1701 

et seq.), and other applicable laws. 

(4) WITHDRAWAL.—Subject to valid existing rights, and in 

accordance with the existing withdrawal as set forth in Public 

Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal 

Register 52149), the Federal lands and interests in lands 

included within the Outstanding Natural Area are hereby withdrawn from— 


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(A) all forms of entry, appropriation, or disposal under 

the public land laws; 

(B) location, entry, and patent under the public land 

mining laws; and 

(C) operation of the mineral leasing and geothermal 

leasing laws and the mineral materials laws. 

(d) MANAGEMENT OF THE PIEDRAS BLANCAS HISTORIC LIGHT

STATION OUTSTANDING NATURAL AREA.— (1) IN GENERAL.—The Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, 

and enhances the unique and nationally important historical, 

natural, cultural, scientific, educational, scenic, and recreational 

values of that area, including an emphasis on preserving and 

restoring the Light Station facilities, consistent with the 

requirements of subsection (c)(3). 

(2) USES.—Subject to valid existing rights, the Secretary 

shall only allow such uses of the Outstanding Natural Area 

as the Secretary finds are likely to further the purposes for 

which the Outstanding Natural Area is established as set forth 

in subsection (c)(1). 

(3) MANAGEMENT PLAN.—Not later than 3 years after of 

the date of enactment of this Act, the Secretary shall complete 

a comprehensive management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to provide long-term management guidance for the public lands within the Outstanding 

Natural Area and fulfill the purposes for which it is established, 

as set forth in subsection (c)(1). The management plan shall 

be developed in consultation with appropriate Federal, State, 

and local government agencies, with full public participation, 

and the contents shall include— 

(A) provisions designed to ensure the protection of 

the resources and values described in subsection (c)(1); 

(B) objectives to restore the historic Light Station and 

ancillary buildings; 

(C) an implementation plan for a continuing program 

of interpretation and public education about the Light Station and its importance to the surrounding community; 

(D) a proposal for minimal administrative and public 

facilities to be developed or improved at a level compatible 

with achieving the resources objectives for the Outstanding 

Natural Area as described in paragraph (1) and with other 

proposed management activities to accommodate visitors 

and researchers to the Outstanding Natural Area; and 

(E) cultural resources management strategies for the 

Outstanding Natural Area, prepared in consultation with 

appropriate departments of the State of California, with 

emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, and 

long-term scientific uses of the resources, giving priority 

to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National 

Historic Preservation Act (16 U.S.C. 470 et seq.) within 

the Outstanding Natural Area. 

(4) COOPERATIVE AGREEMENTS.—In order to better implement the management plan and to continue the successful 

partnerships with the local communities and the Hearst San 

Deadline. 


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Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary may 

enter into cooperative agreements with the appropriate Federal, 

State, and local agencies pursuant to section 307(b) of the 

Federal Land Management Policy and Management Act of 1976 

(43 U.S.C. 1737(b)). 

(5) RESEARCH ACTIVITIES.—In order to continue the successful partnership with research organizations and agencies and 

to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding 

Natural Area appropriate research activities for the purposes 

identified in subsection (c)(1) and pursuant to section 307(a) 

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

U.S.C. 1737(a)). 

(6) ACQUISITION.—State and privately held lands or 

interests in lands adjacent to the Outstanding Natural Area 

and identified as appropriate for acquisition in the management 

plan may be acquired by the Secretary as part of the Outstanding Natural Area only by— 

(A) donation; 

(B) exchange with a willing party; or 

(C) purchase from a willing seller. 

(7) ADDITIONS TO THE OUTSTANDING NATURAL AREA.—Any 

lands or interest in lands adjacent to the Outstanding Natural 

Area acquired by the United States after the date of enactment 

of this Act shall be added to and administered as part of 

the Outstanding Natural Area. 

(8) OVERFLIGHTS.—Nothing in this section or the management plan shall be construed to— 

(A) restrict or preclude overflights, including low level 

overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding 

Natural Area; 

(B) restrict or preclude the designation or creation 

of new units of special use airspace or the establishment 

of military flight training routes over the Outstanding Natural Area; or 

(C) modify regulations governing low-level overflights 

above the adjacent Monterey Bay National Marine Sanctuary. 

(9) LAW ENFORCEMENT ACTIVITIES.—Nothing in this section 

shall be construed to preclude or otherwise affect coastal border 

security operations or other law enforcement activities by the 

Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, 

State, and local law enforcement agencies within the Outstanding Natural Area. 

(10) NATIVE AMERICAN USES AND INTERESTS.—In recognition 

of the past use of the Outstanding Natural Area by Indians 

and Indian tribes for traditional cultural and religious purposes, 

the Secretary shall ensure access to the Outstanding Natural 

Area by Indians and Indian tribes for such traditional cultural 

and religious purposes. In implementing this subsection, the 

Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public 

use of one or more specific portions of the Outstanding Natural 

Area in order to protect the privacy of traditional cultural 


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and religious activities in such areas by the Indian tribe or 

Indian religious community. Any such closure shall be made 

to affect the smallest practicable area for the minimum period 

necessary for such purposes. Such access shall be consistent 

with the purpose and intent of Public Law 95–341 (42 U.S.C. 

1996 et seq.; commonly referred to as the ‘‘American Indian 

Religious Freedom Act’’). 

(11) NO BUFFER ZONES.—The designation of the Outstanding Natural Area is not intended to lead to the creation 

of protective perimeters or buffer zones around area. The fact 

that activities outside the Outstanding Natural Area and not 

consistent with the purposes of this section can be seen or 

heard within the Outstanding Natural Area shall not, of itself, 

preclude such activities or uses up to the boundary of the 

Outstanding Natural Area. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 202. JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA. 

(a) DEFINITIONS.—In this section: 

(1) COMMANDANT.—The term ‘‘Commandant’’ means the 

Commandant of the Coast Guard. 

(2) LIGHTHOUSE.—The term ‘‘Lighthouse’’ means the 

Jupiter Inlet Lighthouse located in Palm Beach County, Florida. 

(3) LOCAL PARTNERS.—The term ‘‘Local Partners’’ 

includes— 

(A) Palm Beach County, Florida; 

(B) the Town of Jupiter, Florida; 

(C) the Village of Tequesta, Florida; and 

(D) the Loxahatchee River Historical Society. 

(4) MANAGEMENT PLAN.—The term ‘‘management plan’’ 

means the management plan developed under subsection (c)(1). 

(5) MAP.—The term ‘‘map’’ means the map entitled ‘‘Jupiter 

Inlet Lighthouse Outstanding Natural Area’’ and dated October 

29, 2007. 

(6) OUTSTANDING NATURAL AREA.—The term ‘‘Outstanding 

Natural Area’’ means the Jupiter Inlet Lighthouse Outstanding 

Natural Area established by subsection (b)(1). 

(7) PUBLIC LAND.—The term ‘‘public land’’ has the meaning 

given the term ‘‘public lands’’ in section 103(e) of the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). 

(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(9) STATE.—The term ‘‘State’’ means the State of Florida. 

(b) ESTABLISHMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA.— 

(1) ESTABLISHMENT.—Subject to valid existing rights, there 

is established for the purposes described in paragraph (2) the 

Jupiter Inlet Lighthouse Outstanding Natural Area, the boundaries of which are depicted on the map. 

(2) PURPOSES.—The purposes of the Outstanding Natural 

Area are to protect, conserve, and enhance the unique and 

nationally important historic, natural, cultural, scientific, educational, scenic, and recreational values of the Federal land 

Florida. 

43 USC 1787. 


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surrounding the Lighthouse for the benefit of present generations and future generations of people in the United States, 

while— 

(A) allowing certain recreational and research activities 

to continue in the Outstanding Natural Area; and 

(B) ensuring that Coast Guard operations and activities 

are unimpeded within the boundaries of the Outstanding 

Natural Area. 

(3) AVAILABILITY OF MAP.—The map shall be on file and 

available for public inspection in appropriate offices of the 

Bureau of Land Management. 

(4) WITHDRAWAL.— 

(A) IN GENERAL.—Subject to valid existing rights, subsection (e), and any existing withdrawals under the Executive orders and public land order described in subparagraph 

(B), the Federal land and any interests in the Federal 

land included in the Outstanding Natural Area are withdrawn from— 

(i) all forms of entry, appropriation, or disposal 

under the public land laws; 

(ii) location, entry, and patent under the mining 

laws; and 

(iii) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. 

(B) DESCRIPTION OF EXECUTIVE ORDERS.—The Executive orders and public land order described in subparagraph 

(A) are— 

(i) the Executive Order dated October 22, 1854; 

(ii) Executive Order No. 4254 (June 12, 1925); 

and 

(iii) Public Land Order No. 7202 (61 Fed. Reg. 

29758). 

(c) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years after the date 

of enactment of this Act, the Secretary, in consultation with 

the Commandant, shall develop a comprehensive management 

plan in accordance with section 202 of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1712) to— 

(A) provide long-term management guidance for the 

public land in the Outstanding Natural Area; and 

(B) ensure that the Outstanding Natural Area fulfills 

the purposes for which the Outstanding Natural Area is 

established. 

(2) CONSULTATION; PUBLIC PARTICIPATION.—The management plan shall be developed— 

(A) in consultation with appropriate Federal, State, 

county, and local government agencies, the Commandant, 

the Local Partners, and other partners; and 

(B) in a manner that ensures full public participation. 

(3) EXISTING PLANS.—The management plan shall, to the 

maximum extent practicable, be consistent with existing 

resource plans, policies, and programs. 

(4) INCLUSIONS.—The management plan shall include— 

(A) objectives and provisions to ensure— 

(i) the protection and conservation of the resource 

values of the Outstanding Natural Area; and 

Deadline. 


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(ii) the restoration of native plant communities 

and estuaries in the Outstanding Natural Area, with 

an emphasis on the conservation and enhancement 

of healthy, functioning ecological systems in perpetuity; 

(B) objectives and provisions to maintain or recreate 

historic structures; 

(C) an implementation plan for a program of 

interpretation and public education about the natural and 

cultural resources of the Lighthouse, the public land surrounding the Lighthouse, and associated structures; 

(D) a proposal for administrative and public facilities 

to be developed or improved that— 

(i) are compatible with achieving the resource 

objectives for the Outstanding Natural Area described 

in subsection (d)(1)(A)(ii); and 

(ii) would accommodate visitors to the Outstanding 

Natural Area; 

(E) natural and cultural resource management strategies for the Outstanding Natural Area, to be developed 

in consultation with appropriate departments of the State, 

the Local Partners, and the Commandant, with an 

emphasis on resource conservation in the Outstanding Natural Area and the interpretive, educational, and long-term 

scientific uses of the resources; and 

(F) recreational use strategies for the Outstanding Natural Area, to be prepared in consultation with the Local 

Partners, appropriate departments of the State, and the 

Coast Guard, with an emphasis on passive recreation. 

(5) INTERIM PLAN.—Until a management plan is adopted 

for the Outstanding Natural Area, the Jupiter Inlet Coordinated 

Resource Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management 

Plan) shall be in effect. 

(d) MANAGEMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA.— (1) MANAGEMENT.— 

(A) IN GENERAL.—The Secretary, in consultation with 

the Local Partners and the Commandant, shall manage 

the Outstanding Natural Area— 

(i) as part of the National Landscape Conservation 

System; 

(ii) in a manner that conserves, protects, and 

enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, 

and recreational values of the Outstanding Natural 

Area, including an emphasis on the restoration of 

native ecological systems; and 

(iii) in accordance with the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1701 et seq.) 

and other applicable laws. 

(B) LIMITATION.—In managing the Outstanding Natural Area, the Secretary shall not take any action that 

precludes, prohibits, or otherwise affects the conduct of 

ongoing or future Coast Guard operations or activities on 

lots 16 and 18, as depicted on the map. 

(2) USES.—Subject to valid existing rights and subsection 

(e), the Secretary shall only allow uses of the Outstanding 


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Natural Area that the Secretary, in consultation with the Commandant and Local Partners, determines would likely further 

the purposes for which the Outstanding Natural Area is established. 

(3) COOPERATIVE AGREEMENTS.—To facilitate implementation of the management plan and to continue the successful 

partnerships with local communities and other partners, the 

Secretary may, in accordance with section 307(b) of the Federal 

Land Management Policy and Management Act of 1976 (43 

U.S.C. 1737(b)), enter into cooperative agreements with the 

appropriate Federal, State, county, other local government 

agencies, and other partners (including the Loxahatchee River 

Historical Society) for the long-term management of the Outstanding Natural Area. 

(4) RESEARCH ACTIVITIES.—To continue successful research 

partnerships, pursue future research partnerships, and assist 

in the development and implementation of the management 

plan, the Secretary may, in accordance with section 307(a) 

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

U.S.C. 1737(a)), authorize the conduct of appropriate research 

activities in the Outstanding Natural Area for the purposes 

described in subsection (b)(2). 

(5) ACQUISITION OF LAND.— 

(A) IN GENERAL.—Subject to subparagraph (B), the Secretary may acquire for inclusion in the Outstanding Natural Area any State or private land or any interest in 

State or private land that is— 

(i) adjacent to the Outstanding Natural Area; and 

(ii) identified in the management plan as appropriate for acquisition. 

(B) MEANS OF ACQUISITION.—Land or an interest in 

land may be acquired under subparagraph (A) only by 

donation, exchange, or purchase from a willing seller with 

donated or appropriated funds. 

(C) ADDITIONS TO THE OUTSTANDING NATURAL AREA.— 

Any land or interest in land adjacent to the Outstanding 

Natural Area acquired by the United States after the date 

of enactment of this Act under subparagraph (A) shall 

be added to, and administered as part of, the Outstanding 

Natural Area. 

(6) LAW ENFORCEMENT ACTIVITIES.—Nothing in this section, 

the management plan, or the Jupiter Inlet Coordinated 

Resource Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management 

Plan) precludes, prohibits, or otherwise affects— 

(A) any maritime security, maritime safety, or environmental protection mission or activity of the Coast Guard; 

(B) any border security operation or law enforcement 

activity by the Department of Homeland Security or the 

Department of Justice; or 

(C) any law enforcement activity of any Federal, State, 

or local law enforcement agency in the Outstanding Natural 

Area. 

(7) FUTURE DISPOSITION OF COAST GUARD FACILITIES.—If 

the Commandant determines, after the date of enactment of 

this Act, that Coast Guard facilities within the Outstanding 


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Natural Area exceed the needs of the Coast Guard, the Commandant may relinquish the facilities to the Secretary without 

removal, subject only to any environmental remediation that 

may be required by law. 

(e) EFFECT ON ONGOING AND FUTURE COAST GUARD OPERATIONS.—Nothing in this section, the management plan, or the 

Jupiter Inlet Coordinated Resource Management Plan (including 

updates or amendments to the Jupiter Inlet Coordinated Resource 

Management Plan) precludes, prohibits, or otherwise affects ongoing 

or future Coast Guard operations or activities in the Outstanding 

Natural Area, including— 

(1) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, 

the expansion, enhancement, or replacement of, the Coast 

Guard High Frequency antenna site on lot 16; 

(2) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, 

the expansion, enhancement, or replacement of, the military 

family housing area on lot 18; 

(3) the continued and future use of, access to, maintenance 

of, and, as may be necessitated for Coast Guard missions, 

the expansion, enhancement, or replacement of, the pier on 

lot 18; 

(4) the existing lease of the Jupiter Inlet Lighthouse on 

lot 18 from the Coast Guard to the Loxahatchee River Historical 

Society; or 

(5) any easements or other less-than-fee interests in property appurtenant to existing Coast Guard facilities on lots 

16 and 18. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 203. NEVADA NATIONAL GUARD LAND CONVEYANCE, CLARK 

COUNTY, NEVADA. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

Clark County, Nevada, may convey, without consideration, to the 

Nevada Division of State Lands for use by the Nevada National 

Guard approximately 51 acres of land in Clark County, Nevada, 

as generally depicted on the map entitled ‘‘Southern Nevada Readiness Center Act’’ and dated October 4, 2005. 

(b) LIMITATION.—If the land described in subsection (a) ceases 

to be used by the Nevada National Guard, the land shall revert 

to Clark County, Nevada, for management in accordance with the 

Southern Nevada Public Land Management Act of 1998 (Public 

Law 105–263; 112 Stat. 2343). 


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TITLE III—NATIONAL PARK SERVICE 

AUTHORIZATIONS 

Subtitle A—Cooperative Agreements 

SEC. 301. COOPERATIVE AGREEMENTS FOR NATIONAL PARK NATURAL 

RESOURCE PROTECTION. 

(a) IN GENERAL.—The Secretary of the Interior (referred to 

in this section as the ‘‘Secretary’’) may enter into cooperative agreements with State, local, or tribal governments, other Federal agencies, other public entities, educational institutions, private nonprofit 

organizations, or participating private landowners for the purpose 

of protecting natural resources of units of the National Park System 

through collaborative efforts on land inside and outside of National 

Park System units. 

(b) TERMS AND CONDITIONS.—A cooperative agreement entered 

into under subsection (a) shall provide clear and direct benefits 

to park natural resources and— 

(1) provide for— 

(A) the preservation, conservation, and restoration of 

coastal and riparian systems, watersheds, and wetlands; 

(B) preventing, controlling, or eradicating invasive 

exotic species that are within a unit of the National Park 

System or adjacent to a unit of the National Park System; 

or 

(C) restoration of natural resources, including native 

wildlife habitat or ecosystems; 

(2) include a statement of purpose demonstrating how the 

agreement will— 

(A) enhance science-based natural resource stewardship at the unit of the National Park System; and 

(B) benefit the parties to the agreement; 

(3) specify any staff required and technical assistance to 

be provided by the Secretary or other parties to the agreement 

in support of activities inside and outside the unit of the 

National Park System that will— 

(A) protect natural resources of the unit of the National 

Park System; and 

(B) benefit the parties to the agreement; 

(4) identify any materials, supplies, or equipment and any 

other resources that will be contributed by the parties to the 

agreement or by other Federal agencies; 

(5) describe any financial assistance to be provided by 

the Secretary or the partners to implement the agreement; 

(6) ensure that any expenditure by the Secretary pursuant 

to the agreement is determined by the Secretary to support 

the purposes of natural resource stewardship at a unit of the 

National Park System; and 

(7) include such other terms and conditions as are agreed 

to by the Secretary and the other parties to the agreement. 

(c) LIMITATIONS.—The Secretary shall not use any funds associated with an agreement entered into under subsection (a) for the 

purposes of land acquisition, regulatory activity, or the development, 

maintenance, or operation of infrastructure, except for ancillary 

support facilities that the Secretary determines to be necessary 

16 USC 1j. 


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for the completion of projects or activities identified in the agreement. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

Subtitle B—Boundary Adjustments and 

Authorizations 

SEC. 311. CARL SANDBURG HOME NATIONAL HISTORIC SITE 

BOUNDARY ADJUSTMENT. 

(a) DEFINITIONS.—In this section: 

(1) HISTORIC SITE.—The term ‘‘Historic Site’’ means Carl 

Sandburg Home National Historic Site. 

(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Sandburg Center Alternative’’ numbered 445/80,017 and dated April 

2007. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(b) ACQUISITION AUTHORITY.—The Secretary may acquire from 

willing sellers by donation, purchase with donated or appropriated 

funds, or exchange not more than 110 acres of land, water, or 

interests in land and water, within the area depicted on the map, 

to be added to the Historic Site. 

(c) VISITOR CENTER.—To preserve the historic character and 

landscape of the site, the Secretary may also acquire up to five 

acres for the development of a visitor center and visitor parking 

area adjacent to or in the general vicinity of the Historic Site. 

(d) BOUNDARY REVISION.—Upon acquisition of any land or 

interest in land under this section, the Secretary shall revise the 

boundary of the Historic Site to reflect the acquisition. 

(e) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National 

Park Service. 

(f) ADMINISTRATION.—Land added to the Historic Site by this 

section shall be administered as part of the Historic Site in accordance with applicable laws and regulations. 

SEC. 312. LOWELL NATIONAL HISTORICAL PARK BOUNDARY ADJUSTMENT. 

The Act entitled ‘‘An Act to provide for the establishment 

of the Lowell National Historical Park in the Commonwealth of 

Massachusetts, and for other purposes’’ approved June 5, 1978 

(Public Law 95–290; 92 Stat. 290; 16 U.S.C. 410cc et seq.) is 

amended as follows: 

(1) In section 101(a), by adding a new paragraph after 

paragraph (2) as follows: 

‘‘(3) The boundaries of the park are modified to include 

five parcels of land identified on the map entitled ‘Boundary 

Adjustment, Lowell National Historical Park,’ numbered 475/ 

81,424B and dated September 2004, and as delineated in section 202(a)(2)(G).’’. 

(2) In section 202(a)(2), by adding at the end the following 

new subparagraph: 

‘‘(G) The properties shown on the map identified in 

subsection (101)(a)(3) as follows: 

16 USC 

410cc–22. 

16 USC 

410cc–11. 

Massachusetts. 

16 USC 461 note. 


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‘‘(i) 91 Pevey Street. 

‘‘(ii) The portion of 607 Middlesex Place. 

‘‘(iii) Eagle Court. 

‘‘(iv) The portion of 50 Payne Street. 

‘‘(v) 726 Broadway.’’. 

SEC. 313. MINIDOKA NATIONAL HISTORIC SITE. 

(a) DEFINITIONS.—In this section: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(2) STATE.—The term ‘‘State’’ means the State of Idaho. 

(b) BAINBRIDGE ISLAND JAPANESE AMERICAN MEMORIAL.— 

(1) BOUNDARY ADJUSTMENT.— 

(A) IN GENERAL.—The boundary of the Minidoka 

Internment National Monument, located in the State and 

established by Presidential Proclamation 7395 of January 

17, 2001, is adjusted to include the Nidoto Nai Yoni (‘‘Let 

it not happen again’’) memorial (referred to in this subsection as the ‘‘memorial’’), which— 

(i) commemorates the Japanese Americans of Bainbridge Island, Washington, who were the first to be 

forcibly removed from their homes and relocated to 

internment camps during World War II under Executive Order No. 9066; and 

(ii) consists of approximately 8 acres of land owned 

by the City of Bainbridge Island, Washington, as 

depicted on the map entitled ‘‘Bainbridge Island Japanese American Memorial’’, numbered 194/80,003, and 

dated September, 2006. 

(B) MAP.—The map referred to in subparagraph (A) 

shall be kept on file and made available for public inspection in the appropriate offices of the National Park Service. 

(2) ADMINISTRATION OF MEMORIAL.— 

(A) IN GENERAL.—The memorial shall be administered 

as part of the Minidoka Internment National Monument. 

(B) AGREEMENTS.—To carry out this subsection, the 

Secretary may enter into agreements with— 

(i) the City of Bainbridge Island, Washington; 

(ii) the Bainbridge Island Metropolitan Park and 

Recreational District; 

(iii) the Bainbridge Island Japanese American 

Community Memorial Committee; 

(iv) the Bainbridge Island Historical Society; and 

(v) other appropriate individuals or entities. 

(C) IMPLEMENTATION.—To implement an agreement 

entered into under this paragraph, the Secretary may— 

(i) enter into a cooperative management agreement 

relating to the operation and maintenance of the memorial with the City of Bainbridge Island, Washington, 

in accordance with section 3(l) of Public law 91–383 

(16 U.S.C. 1a–2(l)); and 

(ii) enter into cooperative agreements with, or 

make grants to, the City of Bainbridge Island, Washington, and other non-Federal entities for the development of facilities, infrastructure, and interpretive 

media at the memorial, if any Federal funds provided 

Idaho. 

Washington. 

16 USC 431 note, 

461 note. 


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by a grant or through a cooperative agreement are 

matched with non-Federal funds. 

(D) ADMINISTRATION AND VISITOR USE SITE.—The Secretary may operate and maintain a site in the State of 

Washington for administrative and visitor use purposes 

associated with the Minidoka Internment National Monument. 

(c) ESTABLISHMENT OF MINIDOKA NATIONAL HISTORIC SITE.— (1) DEFINITIONS.—In this section: 

(A) HISTORIC SITE.—The term ‘‘Historic Site’’ means 

the Minidoka National Historic Site established by paragraph (2)(A). 

(B) MINIDOKA MAP.—The term ‘‘Minidoka Map’’ means 

the map entitled ‘‘Minidoka National Historic Site, Proposed Boundary Map’’, numbered 194/80,004, and dated 

December 2006. 

(2) ESTABLISHMENT.— 

(A) NATIONAL HISTORIC SITE.—In order to protect, preserve, and interpret the resources associated with the 

former Minidoka Relocation Center where Japanese Americans were incarcerated during World War II, there is established the Minidoka National Historic Site. 

(B) MINIDOKA INTERNMENT NATIONAL MONUMENT.— 

(i) IN GENERAL.—The Minidoka Internment 

National Monument (referred to in this subsection as 

the ‘‘Monument’’), as described in Presidential 

Proclamation 7395 of January 17, 2001, is abolished. 

(ii) INCORPORATION.—The land and any interests 

in the land at the Monument are incorporated within, 

and made part of, the Historic Site. 

(iii) FUNDS.—Any funds available for purposes of 

the Monument shall be available for the Historic Site. 

(C) REFERENCES.—Any reference in a law (other than 

in this title), map, regulation, document, record, or other 

paper of the United States to the ‘‘Minidoka Internment 

National Monument’’ shall be considered to be a reference 

to the ‘‘Minidoka National Historic Site’’. 

(3) BOUNDARY OF HISTORIC SITE.— 

(A) BOUNDARY.—The boundary of the Historic Site 

shall include— 

(i) approximately 292 acres of land, as depicted 

on the Minidoka Map; and 

(ii) approximately 8 acres of land, as described 

in subsection (b)(1)(A)(ii). 

(B) AVAILABILITY OF MAP.—The Minidoka Map shall 

be on file and available for public inspection in the appropriate offices of the National Park Service. 

(4) LAND TRANSFERS AND ACQUISITION.— 

(A) TRANSFER FROM BUREAU OF RECLAMATION.— 

Administrative jurisdiction over the land identified on the 

Minidoka Map as ‘‘BOR parcel 1’’ and ‘‘BOR parcel 2’’, 

including any improvements on, and appurtenances to, the 

parcels, is transferred from the Bureau of Reclamation 

to the National Park Service for inclusion in the Historic 

Site. 

(B) TRANSFER FROM BUREAU OF LAND MANAGEMENT.— Administrative jurisdiction over the land identified on the 

Abolished. 


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Minidoka Map as ‘‘Public Domain Lands’’ is transferred 

from the Bureau of Land Management to the National 

Park Service for inclusion in the Historic Site, and the 

portions of any prior Secretarial orders withdrawing the 

land are revoked. 

(C) ACQUISITION AUTHORITY.—The Secretary may 

acquire any land or interest in land located within the 

boundary of the Historic Site, as depicted on the Minidoka 

Map, by— 

(i) donation; 

(ii) purchase with donated or appropriated funds 

from a willing seller; or 

(iii) exchange. 

(5) ADMINISTRATION.— 

(A) IN GENERAL.—The Historic Site shall be administered in accordance with— 

(i) this Act; and 

(ii) laws (including regulations) generally 

applicable to units of the National Park System, 

including— 

(I) the National Park Service Organic Act (16 

U.S.C. 1 et seq.); and 

(II) the Act of August 21, 1935 (16 U.S.C. 

461 et seq.). 

(B) INTERPRETATION AND EDUCATION.— 

(i) IN GENERAL.—The Secretary shall interpret— 

(I) the story of the relocation of Japanese 

Americans during World War II to the Minidoka 

Relocation Center and other centers across the 

United States; 

(II) the living conditions of the relocation centers; 

(III) the work performed by the internees at 

the relocation centers; and 

(IV) the contributions to the United States 

military made by Japanese Americans who had 

been interned. 

(ii) ORAL HISTORIES.—To the extent feasible, the 

collection of oral histories and testimonials from Japanese Americans who were confined shall be a part 

of the interpretive program at the Historic Site. 

(iii) COORDINATION.—The Secretary shall coordinate the development of interpretive and educational 

materials and programs for the Historic Site with the 

Manzanar National Historic Site in the State of California. 

(C) BAINBRIDGE ISLAND JAPANESE AMERICAN MEMORIAL.—The Bainbridge Island Japanese American Memorial 

shall be administered in accordance with subsection (b)(2). 

(D) CONTINUED AGRICULTURAL USE.—In keeping with 

the historical use of the land following the decommission 

of the Minidoka Relocation Center, the Secretary may issue 

a special use permit or enter into a lease to allow agricultural uses within the Historic Site under appropriate terms 

and conditions, as determined by the Secretary. 

(6) DISCLAIMER OF INTEREST IN LAND.— 


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(A) IN GENERAL.—The Secretary may issue to Jerome 

County, Idaho, a document of disclaimer of interest in 

land for the parcel identified as ‘‘Tract No. 2’’— 

(i) in the final order of condemnation, for the case 

numbered 2479, filed on January 31, 1947, in the 

District Court of the United States, in and for the 

District of Idaho, Southern Division; and 

(ii) on the Minidoka Map. 

(B) PROCESS.—The Secretary shall issue the document 

of disclaimer of interest in land under subsection (a) in 

accordance with section 315(b) of Federal Land Policy and 

Management Act of 1976 (43 U.S.C. 1745(b)). 

(C) EFFECT.—The issuance by the Secretary of the 

document of disclaimer of interest in land under subsection 

(a) shall have the same effect as a quit-claim deed issued 

by the United States. 

(d) CONVEYANCE OF AMERICAN FALLS RESERVOIR DISTRICT

NUMBER 2.— 

(1) DEFINITIONS.—In this subsection: 

(A) AGREEMENT.—The term ‘‘Agreement’’ means Agreement No. 5–07–10–L1688 between the United States and 

the District, entitled ‘‘Agreement Between the United 

States and the American Falls Reservoir District No. 2 

to Transfer Title to the Federally Owned Milner-Gooding 

Canal and Certain Property Rights, Title and Interest to 

the American Falls Reservoir District No. 2’’. 

(B) DISTRICT.—The term ‘‘District’’ means the American Falls Reservoir District No. 2, located in Jerome, Lincoln, and Gooding Counties, of the State. 

(2) AUTHORITY TO CONVEY TITLE.— 

(A) IN GENERAL.—In accordance with all applicable 

law and the terms and conditions set forth in the Agreement, the Secretary may convey— 

(i) to the District all right, title, and interest in 

and to the land and improvements described in 

Appendix A of the Agreement, subject to valid existing 

rights; 

(ii) to the city of Gooding, located in Gooding 

County, of the State, all right, title, and interest in 

and to the 5.0 acres of land and improvements 

described in Appendix D of the Agreement; and 

(iii) to the Idaho Department of Fish and Game 

all right, title, and interest in and to the 39.72 acres 

of land and improvements described in Appendix D 

of the Agreement. 

(B) COMPLIANCE WITH AGREEMENT.—All parties to the 

conveyance under subparagraph (A) shall comply with the 

terms and conditions of the Agreement, to the extent consistent with this section. 

(3) COMPLIANCE WITH OTHER LAWS.— 

(A) IN GENERAL.—On conveyance of the land and 

improvements under paragraph (2)(A)(i), the District shall 

comply with all applicable Federal, State, and local laws 

(including regulations) in the operation of each facility 

transferred. 

(B) APPLICABLE AUTHORITY.—Nothing in this subsection modifies or otherwise affects the applicability of 


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Federal reclamation law (the Act of June 17, 1902 (32 

Stat. 388, chapter 1093), and Acts supplemental to and 

amendatory of that Act (43 U.S.C. 371 et seq.)) to project 

water provided to the District. 

(4) REVOCATION OF WITHDRAWALS.— (A) IN GENERAL.—The portions of the Secretarial 

Orders dated March 18, 1908, October 7, 1908, September 

29, 1919, October 22, 1925, March 29, 1927, July 23, 1927, 

and May 7, 1963, withdrawing the approximately 6,900 

acres described in Appendix E of the Agreement for the 

purpose of the Gooding Division of the Minidoka Project, 

are revoked. 

(B) MANAGEMENT OF WITHDRAWN LAND.—The Secretary, acting through the Director of the Bureau of Land 

Management, shall manage the withdrawn land described 

in subparagraph (A) subject to valid existing rights. 

(5) LIABILITY.— 

(A) IN GENERAL.—Subject to subparagraph (B), upon 

completion of a conveyance under paragraph (2), the United 

States shall not be liable for damages of any kind for 

any injury arising out of an act, omission, or occurrence 

relating to the land (including any improvements to the 

land) conveyed under the conveyance. 

(B) EXCEPTION.—Subparagraph (A) shall not apply to 

liability for damages resulting from an injury caused by 

any act of negligence committed by the United States (or 

by any officer, employee, or agent of the United States) 

before the date of completion of the conveyance. 

(C) FEDERAL TORT CLAIMS ACT.—Nothing in this paragraph increases the liability of the United States beyond 

that provided in chapter 171 of title 28, United States 

Code. 

(6) FUTURE BENEFITS.— 

(A) RESPONSIBILITY OF THE DISTRICT.—After completion 

of the conveyance of land and improvements to the District 

under paragraph (2)(A)(i), and consistent with the Agreement, the District shall assume responsibility for all duties 

and costs associated with the operation, replacement, 

maintenance, enhancement, and betterment of the transferred land (including any improvements to the land). 

(B) ELIGIBILITY FOR FEDERAL FUNDING.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

the District shall not be eligible to receive Federal 

funding to assist in any activity described in subparagraph (A) relating to land and improvements transferred under paragraph (2)(A)(i). 

(ii) EXCEPTION.—Clause (i) shall not apply to any 

funding that would be available to a similarly situated 

nonreclamation district, as determined by the Secretary. 

(7) NATIONAL ENVIRONMENTAL POLICY ACT.—Before completing any conveyance under this subsection, the Secretary 

shall complete all actions required under— 

(A) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); 

(B) the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.); 


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(C) the National Historic Preservation Act (16 U.S.C. 

470 et seq.); and 

(D) all other applicable laws (including regulations). 

(8) PAYMENT.— (A) FAIR MARKET VALUE REQUIREMENT.—As a condition 

of the conveyance under paragraph (2)(A)(i), the District 

shall pay the fair market value for the withdrawn lands 

to be acquired by the District, in accordance with the 

terms of the Agreement. 

(B) GRANT FOR BUILDING REPLACEMENT.—As soon as 

practicable after the date of enactment of this Act, and 

in full satisfaction of the Federal obligation to the District 

for the replacement of the structure in existence on that 

date of enactment that is to be transferred to the National 

Park Service for inclusion in the Minidoka National Historic Site, the Secretary, acting through the Commissioner 

of Reclamation, shall provide to the District a grant in 

the amount of $52,996, in accordance with the terms of 

the Agreement. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 314. ACADIA NATIONAL PARK IMPROVEMENT. 

(a) EXTENSION OF LAND CONVEYANCE AUTHORITY.—Section 

102(d) of Public Law 99–420 (16 U.S.C. 341 note) is amended 

by striking paragraph (2) and inserting the following: 

‘‘(2) Federally owned property under jurisdiction of the 

Secretary referred to in paragraph (1) of this subsection shall 

be conveyed to the towns in which the property is located 

without encumbrance and without monetary consideration, 

except that no town shall be eligible to receive such lands 

unless lands within the Park boundary and owned by the 

town have been conveyed to the Secretary.’’. 

(b) EXTENSION OF ACADIA NATIONAL PARK ADVISORY COMMIS- SION.— 

(1) IN GENERAL.—Section 103(f) of Public Law 99–420 (16 

U.S.C. 341 note) is amended by striking ‘‘20’’ and inserting 

‘‘40’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on September 25, 2006. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 106 of Public 

Law 99–420 (16 U.S.C. 341 note) is amended by adding the following: 

‘‘(c) ADDITIONAL FUNDING.—In addition to such sums as have 

been heretofore appropriated, there is hereby authorized 

$10,000,000 for acquisition of lands and interests therein.’’. 

(d) INTERMODAL TRANSPORTATION CENTER.—Title I of Public 

Law 99–420 (16 U.S.C. 341 note) is amended by adding at the 

end the following new section: 

‘‘SEC. 108. INTERMODAL TRANSPORTATION CENTER. 

‘‘(a) IN GENERAL.—The Secretary may provide assistance in 

the planning, construction, and operation of an intermodal transportation center located outside of the boundary of the Park in the 

town of Trenton, Maine to improve the management, interpretation, 

and visitor enjoyment of the Park. 

16 USC 341 note. 


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‘‘(b) AGREEMENTS.—To carry out subsection (a), in administering the intermodal transportation center, the Secretary may 

enter into interagency agreements with other Federal agencies, 

and, notwithstanding chapter 63 of title 31, United States Code, 

cooperative agreements, under appropriate terms and conditions, 

with State and local agencies, and nonprofit organizations— 

‘‘(1) to provide exhibits, interpretive services (including 

employing individuals to provide such services), and technical 

assistance; 

‘‘(2) to conduct activities that facilitate the dissemination 

of information relating to the Park and the Island Explorer 

transit system or any successor transit system; 

‘‘(3) to provide financial assistance for the construction 

of the intermodal transportation center in exchange for space 

in the center that is sufficient to interpret the Park; and 

‘‘(4) to assist with the operation and maintenance of the 

intermodal transportation center. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There are authorized to be appropriated 

to the Secretary not more than 40 percent of the total cost 

necessary to carry out this section (including planning, design 

and construction of the intermodal transportation center). 

‘‘(2) OPERATIONS AND MAINTENANCE.—There are authorized 

to be appropriated to the Secretary not more than 85 percent 

of the total cost necessary to maintain and operate the intermodal transportation center.’’. 

Subtitle C—Studies 

SEC. 321. NATIONAL PARK SYSTEM SPECIAL RESOURCE STUDY, 

NEWTONIA CIVIL WAR BATTLEFIELDS, MISSOURI. 

(a) SPECIAL RESOURCE STUDY.—The Secretary of the Interior 

shall conduct a special resource study relating to the First Battle 

of Newtonia in Newton County, Missouri, which occurred on September 30, 1862, and the Second Battle of Newtonia, which occurred 

on October 28, 1864, during the Missouri Expedition of Confederate 

General Sterling Price in September and October 1864. 

(b) CONTENTS.—In conducting the study under subsection (a), 

the Secretary shall— 

(1) evaluate the national significance of the Newtonia 

battlefields and their related sites; 

(2) consider the findings and recommendations contained 

in the document entitled ‘‘Vision Plan for Newtonia Battlefield 

Preservation’’ and dated June 2004, which was prepared by 

the Newtonia Battlefields Protection Association; 

(3) evaluate the suitability and feasibility of adding the 

battlefields and related sites as part of Wilson’s Creek National 

Battlefield or designating the battlefields and related sites as 

a unit of the National Park System; 

(4) analyze the potential impact that the inclusion of the 

battlefields and related sites as part of Wilson’s Creek National 

Battlefield or their designation as a unit of the National Park 

System is likely to have on land within or bordering the battlefields and related sites that is privately owned at the time 

of the study is conducted; 


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(5) consider alternatives for preservation, protection, and 

interpretation of the battlefields and related sites by the 

National Park Service, other Federal, State, or local governmental entities, or private and nonprofit organizations; and 

(6) identify cost estimates for any necessary acquisition, 

development, interpretation, operation, and maintenance associated with the alternatives referred to in paragraph (5). 

(c) CRITERIA.—The criteria for the study of areas for potential 

inclusion in the National Park System contained in section 8 of 

Public Law 91–383 (16 U.S.C. 1a–5) shall apply to the study under 

subsection (a). 

(d) TRANSMISSION TO CONGRESS.—Not later than three years 

after the date on which funds are first made available for the 

study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate 

a report containing— 

(1) the results of the study; and 

(2) any conclusions and recommendations of the Secretary. 

SEC. 322. NATIONAL PARK SERVICE STUDY REGARDING THE SOLDIERS’ 

MEMORIAL MILITARY MUSEUM. 

(a) FINDINGS.—Congress finds as follows: 

(1) The Soldiers’ Memorial is a tribute to all veterans 

located in the greater St. Louis area, including Southern 

Illinois. 

(2) The current annual budget for the memorial is $185,000 

and is paid for exclusively by the City of St. Louis. (3) In 1923, the City of St. Louis voted to spend $6,000,000 

to purchase a memorial plaza and building dedicated to citizens 

of St. Louis who lost their lives in World War I. 

(4) The purchase of the 7 block site exhausted the funds 

and no money remained to construct a monument. 

(5) In 1933, Mayor Bernard F. Dickmann appealed to citi- zens and the city government to raise $1,000,000 to construct 

a memorial building and general improvement of the plaza 

area and the construction of Soldiers’ Memorial began on 

October 21, 1935. 

(6) On October 14, 1936, President Franklin D. Roosevelt 

officially dedicated the site. 

(7) On Memorial Day in 1938, Mayor Dickmann opened 

the building to the public. 

(b) STUDY.—The Secretary of the Interior shall carry out a 

study to determine the suitability and feasibility of designating 

the Soldiers’ Memorial Military Museum, located at 1315 Chestnut, 

St. Louis, Missouri, as a unit of the National Park System. 

(c) STUDY PROCESS AND COMPLETION.—Section 8(c) of Public 

Law 91–383 (16 U.S.C. 1a–5(c)) shall apply to the conduct and 

completion of the study required by this section. 

(d) REPORT.—The Secretary shall submit a report describing 

the results the study required by this section to the Committee 

on Natural Resources of the House of Representatives and the 

Committee on Energy and Natural Resources of the Senate. 

SEC. 323. WOLF HOUSE STUDY. 

(a) IN GENERAL.—The Secretary shall complete a special 

resource study of the Wolf House located on Highway 5 in Norfork, 

Arkansas, to determine— 

Arkansas. 

Applicability. 

Missouri. 

Illinois. 

Deadline. 

Reports. 


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(1) the suitability and feasibility of designating the Wolf 

House as a unit of the National Park System; and 

(2) the methods and means for the protection and 

interpretation of the Wolf House by the National Park Service, 

other Federal, State, or local government entities or private 

or non-profit organizations. 

(b) STUDY REQUIREMENTS.—The Secretary shall conduct the 

study in accordance with section 8(c) of Public Law 91–383 (16 

U.S.C. 1a–5). 

(c) REPORT.—Not later than 3 years after the date on which 

funds are made available to carry out this section, the Secretary 

shall submit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report containing— 

(1) the results of the study; and 

(2) any recommendations of the Secretary. 

SEC. 324. SPACE SHUTTLE COLUMBIA STUDY. 

(a) DEFINITIONS.—In this section: 

(1) MEMORIAL.—The term ‘‘memorial’’ means a memorial 

to the Space Shuttle Columbia that is subject to the study 

in subsection (b). 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior, acting through the Director of the National 

Park Service. 

(b) STUDY OF SUITABILITY AND FEASIBILITY OF ESTABLISHING

MEMORIALS TO THE SPACE SHUTTLE COLUMBIA.— (1) IN GENERAL.—Not later than 3 years after the date 

on which funds are made available, the Secretary shall conduct 

a special resource study to determine the feasibility and suitability of establishing a memorial as a unit or units of the 

National Park System to the Space Shuttle Columbia on land 

in the State of Texas described in paragraph (2) on which 

large debris from the Shuttle was recovered. 

(2) DESCRIPTION OF LAND.—The parcels of land referred 

to in paragraph (1) are— 

(A) the parcel of land owned by the Fredonia Corporation, located at the southeast corner of the intersection 

of East Hospital Street and North Fredonia Street, 

Nacogdoches, Texas; 

(B) the parcel of land owned by Temple Inland Inc., 

10 acres of a 61-acre tract bounded by State Highway 

83 and Bayou Bend Road, Hemphill, Texas; 

(C) the parcel of land owned by the city of Lufkin, 

Texas, located at City Hall Park, 301 Charlton Street, 

Lufkin, Texas; and 

(D) the parcel of land owned by San Augustine County, 

Texas, located at 1109 Oaklawn Street, San Augustine, 

Texas. 

(3) ADDITIONAL SITES.—The Secretary may recommend to 

Congress additional sites in the State of Texas relating to 

the Space Shuttle Columbia for establishment as memorials 

to the Space Shuttle Columbia. 

SEC. 325. CE ́ SAR E. CHA ́ VEZ STUDY. 

(a) IN GENERAL.—Not later than 3 years after the date on 

which funds are made available to carry out this section, the Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) 

Arizona. 

California. 

Deadline. 

Deadline. 

Texas. 


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shall complete a special resource study of sites in the State of 

Arizona, the State of California, and other States that are significant to the life of Ce ́sar E. Cha ́vez and the farm labor movement 

in the western United States to determine— 

(1) appropriate methods for preserving and interpreting 

the sites; and 

(2) whether any of the sites meets the criteria for listing 

on the National Register of Historic Places or designation as 

a national historic landmark under— 

(A) the Act of August 21, 1935 (16 U.S.C. 461 et 

seq.); or 

(B) the National Historic Preservation Act (16 U.S.C. 

470 et seq.). 

(b) REQUIREMENTS.—In conducting the study under subsection 

(a), the Secretary shall— 

(1) consider the criteria for the study of areas for potential 

inclusion in the National Park System under section 8(b)(2) 

of Public Law 91–383 (16 U.S.C. 1a–5(b)(2)); and 

(2) consult with— 

(A) the Ce ́sar E. Cha ́vez Foundation; 

(B) the United Farm Workers Union; and 

(C) State and local historical associations and societies, 

including any State historic preservation offices in the State 

in which the site is located. 

(c) REPORT.—On completion of the study, the Secretary shall 

submit to the Committee on Natural Resources of the House of 

Representatives and the Committee on Energy and Natural 

Resources of the Senate a report that describes— 

(1) the findings of the study; and 

(2) any recommendations of the Secretary. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 326. TAUNTON, MASSACHUSETTS, SPECIAL RESOURCE STUDY. 

(a) IN GENERAL.—The Secretary of the Interior (referred to 

in this section as the ‘‘Secretary’’), in consultation with the appropriate State historic preservation officers, State historical societies, 

the city of Taunton, Massachusetts, and other appropriate organizations, shall conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and 

areas in Taunton, Massachusetts, as a unit of the National Park 

System. The study shall be conducted and completed in accordance 

with section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)) and 

shall include analysis, documentation, and determinations 

regarding whether the historic areas in Taunton— 

(1) can be managed, curated, interpreted, restored, preserved, and presented as an organic whole under management 

by the National Park Service or under an alternative management structure; 

(2) have an assemblage of natural, historic, and cultural 

resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use; 

(3) reflect traditions, customs, beliefs, and historical events 

that are valuable parts of the national story; 


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(4) provide outstanding opportunities to conserve natural, 

historic, cultural, architectural, or scenic features; 

(5) provide outstanding recreational and educational 

opportunities; and 

(6) can be managed by the National Park Service in partnership with residents, business interests, nonprofit organizations, and State and local governments to develop a unit of 

the National Park System consistent with State and local economic activity. 

(b) REPORT.—Not later than 3 fiscal years after the date on 

which funds are first made available for this section, the Secretary 

shall submit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report on the findings, conclusions, and 

recommendations of the study required under subsection (a). 

(c) PRIVATE PROPERTY.—The recommendations in the report 

submitted pursuant to subsection (b) shall include discussion and 

consideration of the concerns expressed by private landowners with 

respect to designating certain structures referred to in this section 

as a unit of the National Park System. 

SEC. 327. RIM OF THE VALLEY CORRIDOR STUDY. 

(a) IN GENERAL.—The Secretary of the Interior (referred to 

in this section as the ‘‘Secretary’’) shall complete a special resource 

study of the area known as the Rim of the Valley Corridor, generally 

including the mountains encircling the San Fernando, La Crescenta, 

Santa Clarita, Simi, and Conejo Valleys in California, to determine— 

(1) the suitability and feasibility of designating all or a 

portion of the corridor as a unit of the Santa Monica Mountains 

National Recreation Area; and 

(2) the methods and means for the protection and 

interpretation of this corridor by the National Park Service, 

other Federal, State, or local government entities or private 

or non-profit organizations. 

(b) DOCUMENTATION.—In conducting the study authorized 

under subsection (a), the Secretary shall document— 

(1) the process used to develop the existing Santa Monica 

Mountains National Recreation Area Fire Management Plan 

and Environmental Impact Statement (September 2005); and 

(2) all activity conducted pursuant to the plan referred 

to in paragraph (1) designed to protect lives and property 

from wildfire. 

(c) STUDY REQUIREMENTS.—The Secretary shall conduct the 

study in accordance with section 8(c) of Public Law 91–383 (16 

U.S.C. 1a–5). 

(d) REPORT.—Not later than 3 years after the date on which 

funds are made available to carry out this title, the Secretary 

shall submit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report containing— 

(1) the results of the study; and 

(2) any recommendations of the Secretary. 

California. 


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Subtitle D—Memorials, Commissions, and 

Museums 

SEC. 331. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL 

FRANCIS MARION AND HIS FAMILY. 

(a) FINDINGS.—The Congress finds the following: 

(1) Francis Marion was born in 1732 in St. John’s Parish, 

Berkeley County, South Carolina. He married Mary Esther 

Videau on April 20th, 1786. Francis and Mary Esther Marion 

had no children, but raised a son of a relative as their own, 

and gave the child Francis Marion’s name. 

(2) Brigadier General Marion commanded the Williamsburg 

Militia Revolutionary force in South Carolina and was instrumental in delaying the advance of British forces by leading 

his troops in disrupting supply lines. 

(3) Brigadier General Marion’s tactics, which were unheard 

of in rules of warfare at the time, included lightning raids 

on British convoys, after which he and his forces would retreat 

into the swamps to avoid capture. British Lieutenant Colonel 

Tarleton stated that ‘‘as for this damned old swamp fox, the 

devil himself could not catch him’’. Thus, the legend of the 

‘‘Swamp Fox’’ was born. 

(4) His victory at the Battle of Eutaw Springs in September 

of 1781 was officially recognized by Congress. 

(5) Brigadier General Marion’s troops are believed to be 

the first racially integrated force fighting for the United States, 

as his band was a mix of Whites, Blacks, both free and slave, 

and Native Americans. 

(6) As a statesman, he represented his parish in the South 

Carolina senate as well as his State at the Constitutional 

Convention. 

(7) Although the Congress has authorized the establishment of commemorative works on Federal lands in the District 

of Columbia honoring such celebrated Americans as George 

Washington, Thomas Jefferson, and Abraham Lincoln, the 

National Capital has no comparable memorial to Brigadier 

General Francis Marion for his bravery and leadership during 

the Revolutionary War, without which the United States would 

not exist. 

(8) Brigadier General Marion’s legacy must live on. Since 

1878, United States Reservation 18 has been officially referred 

to as Marion Park. Located between 4th and 6th Streets, S.E., 

at the intersection of E Street and South Carolina Avenue, 

S.E., in Washington, DC, the park lacks a formal commemoration to this South Carolina hero who was important to the 

initiation of the Nation’s heritage. 

(9) The time has come to correct this oversight so that 

future generations of Americans will know and understand 

the preeminent historical and lasting significance to the Nation 

of Brigadier General Marion’s contributions. Such a South Carolina hero deserves to be given the proper recognition. 

(b) AUTHORITY TO ESTABLISH COMMEMORATIVE WORK.—The 

Marion Park Project, a committee of the Palmetto Conservation 

Foundation, may establish a commemorative work on Federal land 

in the District of Columbia and its environs to honor Brigadier 

General Francis Marion and his service. 

District of 

Columbia. 

40 USC 8903 

note. 


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(c) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE

WORKS.—The commemorative work authorized by subsection (b) 

shall be established in accordance with chapter 89 of title 40, 

United States Code (commonly known as the ‘‘Commemorative 

Works Act’’). 

(d) USE OF FEDERAL FUNDS PROHIBITED.—Federal funds may 

not be used to pay any expense of the establishment of the 

commemorative work authorized by subsection (b). The Marion 

Park Project, a committee of the Palmetto Conservation Foundation, 

shall be solely responsible for acceptance of contributions for, and 

payment of the expenses of, the establishment of that commemorative work. 

(e) DEPOSIT OF EXCESS FUNDS.—If, upon payment of all 

expenses of the establishment of the commemorative work authorized by subsection (b) (including the maintenance and preservation 

amount provided for in section 8906(b) of title 40, United States 

Code), or upon expiration of the authority for the commemorative 

work under chapter 89 of title 40, United States Code, there remains 

a balance of funds received for the establishment of that commemorative work, the Marion Park Project, a committee of the Palmetto 

Conservation Foundation, shall transmit the amount of the balance 

to the Secretary of the Treasury for deposit in the account provided 

for in section 8906(b)(1) of such title. 

(f) DEFINITIONS.—For the purposes of this section, the terms 

‘‘commemorative work’’ and ‘‘the District of Columbia and its environs’’ have the meanings given to such terms in section 8902(a) 

of title 40, United States Code. 

SEC. 332. DWIGHT D. EISENHOWER MEMORIAL COMMISSION. 

Section 8162 of the Department of Defense Appropriations Act, 

2000 (Public Law 106–79; 113 Stat. 1274) is amended— 

(1) by striking subsection (j) and inserting the following: 

‘‘(j) POWERS OF THE COMMISSION.— 

‘‘(1) IN GENERAL.— 

‘‘(A) POWERS.—The Commission may— 

‘‘(i) make such expenditures for services and materials for the purpose of carrying out this section as 

the Commission considers advisable from funds appropriated or received as gifts for that purpose; 

‘‘(ii) solicit and accept contributions to be used 

in carrying out this section or to be used in connection 

with the construction or other expenses of the memorial; 

‘‘(iii) hold hearings and enter into contracts; 

‘‘(iv) enter into contracts for specialized or professional services as necessary to carry out this section; 

and 

‘‘(v) take such actions as are necessary to carry 

out this section. 

‘‘(B) SPECIALIZED OR PROFESSIONAL SERVICES.—Services 

under subparagraph (A)(iv) may be— 

‘‘(i) obtained without regard to the provisions of 

title 5, United States Code, including section 3109 

of that title; and 

‘‘(ii) may be paid without regard to the provisions 

of title 5, United States Code, including chapter 51 

and subchapter III of chapter 53 of that title. 

16 USC 431 note. 

40 USC 8903 

note. 


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‘‘(2) GIFTS OF PROPERTY.—The Commission may accept gifts 

of real or personal property to be used in carrying out this 

section, including to be used in connection with the construction 

or other expenses of the memorial. 

‘‘(3) FEDERAL COOPERATION.—At the request of the Commission, a Federal department or agency may provide any information or other assistance to the Commission that the head of 

the Federal department or agency determines to be appropriate. 

‘‘(4) POWERS OF MEMBERS AND AGENTS.— ‘‘(A) IN GENERAL.—If authorized by the Commission, 

any member or agent of the Commission may take any 

action that the Commission is authorized to take under 

this section. 

‘‘(B) ARCHITECT.—The Commission may appoint an 

architect as an agent of the Commission to— 

‘‘(i) represent the Commission on various governmental source selection and planning boards on the 

selection of the firms that will design and construct 

the memorial; and 

‘‘(ii) perform other duties as designated by the 

Chairperson of the Commission. 

‘‘(C) TREATMENT.—An authorized member or agent of 

the Commission (including an individual appointed under 

subparagraph (B)) providing services to the Commission 

shall be considered an employee of the Federal Government 

in the performance of those services for the purposes of 

chapter 171 of title 28, United States Code, relating to 

tort claims. 

‘‘(5) TRAVEL.—Each member of the Commission shall be 

allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while 

away from their homes or regular places of business in the 

performance of services for the Commission.’’; 

(2) by redesignating subsection (o) as subsection (q); and 

(3) by adding after subsection (n) the following: 

‘‘(o) STAFF AND SUPPORT SERVICES.— 

‘‘(1) EXECUTIVE DIRECTOR.—There shall be an Executive 

Director appointed by the Commission to be paid at a rate 

not to exceed the maximum rate of basic pay for level IV 

of the Executive Schedule. 

‘‘(2) STAFF.— 

‘‘(A) IN GENERAL.—The staff of the Commission may 

be appointed and terminated without regard to the provisions of title 5, United States Code, governing appointments 

in the competitive service, and may be paid without regard 

to the provisions of chapter 51 and subchapter III of chapter 

53 of that title, relating to classification and General 

Schedule pay rates, except that an individual appointed 

under this paragraph may not receive pay in excess of 

the maximum rate of basic pay for GS–15 of the General 

Schedule. 

‘‘(B) SENIOR STAFF.—Notwithstanding subparagraph 

(A), not more than 3 staff employees of the Commission 

(in addition to the Executive Director) may be paid at 

a rate not to exceed the maximum rate of basic pay for 

level IV of the Executive Schedule. 

Appointment. 


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‘‘(3) STAFF OF FEDERAL AGENCIES.—On request of the 

Commission, the head of any Federal department or agency 

may detail any of the personnel of the department or agency 

to the Commission to assist the Commission to carry out its 

duties under this section. 

‘‘(4) FEDERAL SUPPORT.—The Commission shall obtain 

administrative and support services from the General Services 

Administration on a reimbursable basis. The Commission may 

use all contracts, schedules, and acquisition vehicles allowed 

to external clients through the General Services Administration. 

‘‘(5) COOPERATIVE AGREEMENTS.—The Commission may 

enter into cooperative agreements with Federal agencies, State, 

local, tribal and international governments, and private 

interests and organizations which will further the goals and 

purposes of this section. 

‘‘(6) TEMPORARY, INTERMITTENT, AND PART-TIME SERVICES.— 

‘‘(A) IN GENERAL.—The Commission may obtain temporary, intermittent, and part-time services under section 

3109 of title 5, United States Code, at rates not to exceed 

the maximum annual rate of basic pay payable under section 5376 of that title. 

‘‘(B) NON-APPLICABILITY TO CERTAIN SERVICES.—This 

paragraph shall not apply to services under subsection 

(j)(1)(A)(iv). 

‘‘(7) VOLUNTEER SERVICES.— 

‘‘(A) IN GENERAL.—Notwithstanding section 1342 of 

title 31, United States Code, the Commission may accept 

and utilize the services of volunteers serving without compensation. 

‘‘(B) REIMBURSEMENT.—The Commission may 

reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem 

in lieu of subsistence, as authorized by section 5703 of 

title 5, United States Code. 

‘‘(C) LIABILITY.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), a volunteer 

described in subparagraph (A) shall be considered to 

be a volunteer for purposes of the Volunteer Protection 

Act of 1997 (42 U.S.C. 14501 et seq.). 

‘‘(ii) EXCEPTION.—Section 4(d) of the Volunteer 

Protection Act of 1997 (42 U.S.C. 14503(d)) shall not 

apply for purposes of a claim against a volunteer 

described in subparagraph (A). 

‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as necessary to carry out this section.’’. 

SEC. 333. COMMISSION TO STUDY THE POTENTIAL CREATION OF A 

NATIONAL MUSEUM OF THE AMERICAN LATINO. 

(a) ESTABLISHMENT OF COMMISSION.— 

(1) IN GENERAL.—There is established the Commission to 

Study the Potential Creation of a National Museum of the 

American Latino (hereafter in this section referred to as the 

‘‘Commission’’). 


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(2) MEMBERSHIP.—The Commission shall consist of 23 

members appointed not later than 6 months after the date 

of enactment of this Act as follows: 

(A) The President shall appoint 7 voting members. 

(B) The Speaker of the House of Representatives, the 

Minority Leader of the House of Representatives, the 

Majority Leader of the Senate, and the Minority Leader 

of the Senate shall each appoint 3 voting members. 

(C) In addition to the members appointed under 

subparagraph (B), the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, 

the Majority Leader of the Senate, and the Minority Leader 

of the Senate shall each appoint 1 nonvoting member. 

(3) QUALIFICATIONS.—Members of the Commission shall 

be chosen from among individuals, or representatives of institutions or entities, who possess either— 

(A) a demonstrated commitment to the research, study, 

or promotion of American Latino life, art, history, political 

or economic status, or culture, together with— 

(i) expertise in museum administration; 

(ii) expertise in fundraising for nonprofit or cultural institutions; 

(iii) experience in the study and teaching of Latino 

culture and history at the post-secondary level; 

(iv) experience in studying the issue of the 

Smithsonian Institution’s representation of American 

Latino art, life, history, and culture; or 

(v) extensive experience in public or elected service; 

or 

(B) experience in the administration of, or the planning 

for the establishment of, museums devoted to the study 

and promotion of the role of ethnic, racial, or cultural 

groups in American history. 

(b) FUNCTIONS OF THE COMMISSION.— 

(1) PLAN OF ACTION FOR ESTABLISHMENT AND MAINTENANCE

OF MUSEUM.—The Commission shall submit a report to the 

President and the Congress containing its recommendations 

with respect to a plan of action for the establishment and 

maintenance of a National Museum of the American Latino 

in Washington, DC (hereafter in this section referred to as 

the ‘‘Museum’’). 

(2) FUNDRAISING PLAN.—The Commission shall develop a 

fundraising plan for supporting the creation and maintenance 

of the Museum through contributions by the American people, 

and a separate plan on fundraising by the American Latino 

community. 

(3) REPORT ON ISSUES.—The Commission shall examine 

(in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress 

on, the following issues: 

(A) The availability and cost of collections to be 

acquired and housed in the Museum. 

(B) The impact of the Museum on regional Hispanicand Latino-related museums. 

(C) Possible locations for the Museum in Washington, 

DC and its environs, to be considered in consultation with 

the National Capital Planning Commission and the 

Reports. 

President. 

Deadline. 


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Commission of Fine Arts, the Department of the Interior 

and Smithsonian Institution. 

(D) Whether the Museum should be located within 

the Smithsonian Institution. 

(E) The governance and organizational structure from 

which the Museum should operate. 

(F) How to engage the American Latino community 

in the development and design of the Museum. 

(G) The cost of constructing, operating, and 

maintaining the Museum. 

(4) LEGISLATION TO CARRY OUT PLAN OF ACTION.—Based 

on the recommendations contained in the report submitted 

under paragraph (1) and the report submitted under paragraph 

(3), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of 

Representatives, the Committee on House Administration of 

the House of Representatives, the Committee on Rules and 

Administration of the Senate, the Committee on Natural 

Resources of the House of Representatives, the Committee on 

Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House of Representatives and 

the Senate recommendations for a legislative plan of action 

to create and construct the Museum. 

(5) NATIONAL CONFERENCE.—In carrying out its functions 

under this section, the Commission may convene a national 

conference on the Museum, comprised of individuals committed 

to the advancement of American Latino life, art, history, and 

culture, not later than 18 months after the commission members are selected. 

(c) ADMINISTRATIVE PROVISIONS.— 

(1) FACILITIES AND SUPPORT OF DEPARTMENT OF THE

INTERIOR.—The Department of the Interior shall provide from 

funds appropriated for this purpose administrative services, 

facilities, and funds necessary for the performance of the 

Commission’s functions. These funds shall be made available 

prior to any meetings of the Commission. 

(2) COMPENSATION.—Each member of the Commission who 

is not an officer or employee of the Federal Government may 

receive compensation for each day on which the member is 

engaged in the work of the Commission, at a daily rate to 

be determined by the Secretary of the Interior. 

(3) TRAVEL EXPENSES.—Each member shall be entitled to 

travel expenses, including per diem in lieu of subsistence, in 

accordance with applicable provisions under subchapter I of 

chapter 57 of title 5, United States Code. 

(4) FEDERAL ADVISORY COMMITTEE ACT.—The Commission 

is not subject to the provisions of the Federal Advisory Committee Act. 

(d) DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION.— 

(1) DEADLINE.—The Commission shall submit final versions 

of the reports and plans required under subsection (b) not 

later than 24 months after the date of the Commission’s first 

meeting. 

(2) TERMINATION.—The Commission shall terminate not 

later than 30 days after submitting the final versions of reports 

and plans pursuant to paragraph (1). 

Applicability. 

Deadline. 

Recommendations. 


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(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for carrying out the activities of the Commission 

$2,100,000 for the first fiscal year beginning after the date of 

enactment of this Act and $1,100,000 for the second fiscal year 

beginning after the date of enactment of this Act. 

SEC. 334. HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL 

COMMEMORATION COMMISSION. 

(a) COORDINATION.—Each commission established under this 

section shall coordinate with the other respective commission established under this section to ensure that commemorations of Henry 

Hudson, Robert Fulton, and Samuel de Champlain are— 

(1) consistent with the plans and programs of the 

commemorative commissions established by the States of New 

York and Vermont; and 

(2) well-organized and successful. 

(b) DEFINITIONS.—In this section: 

(1) CHAMPLAIN COMMEMORATION.—The term ‘‘Champlain 

commemoration’’ means the commemoration of the 400th 

anniversary of the voyage of Samuel de Champlain. 

(2) CHAMPLAIN COMMISSION.—The term ‘‘Champlain 

Commission’’ means the Champlain Quadricentennial 

Commemoration Commission established by subsection (c)(1). 

(3) COMMISSION.—The term ‘‘Commission’’ means each of 

the Champlain Commission and the Hudson-Fulton Commission. 

(4) HUDSON-FULTON COMMEMORATION.—The term ‘‘HudsonFulton commemoration’’ means the commemoration of— 

(A) the 200th anniversary of the voyage of Robert 

Fulton in the Clermont; and 

(B) the 400th anniversary of the voyage of Henry Hudson in the Half Moon. 

(5) HUDSON-FULTON COMMISSION.—The term ‘‘HudsonFulton Commission’’ means the Hudson-Fulton 400th 

Commemoration Commission established by subsection (d)(1). 

(6) LAKE CHAMPLAIN BASIN PROGRAM.—The term ‘‘Lake 

Champlain Basin Program’’ means the partnership established 

by section 120 of the Federal Water Pollution Control Act 

(33 U.S.C. 1270) between the States of New York and Vermont 

and Federal agencies to carry out the Lake Champlain management plan entitled, ‘‘Opportunities for Action: An Evolving Plan 

for the Lake Champlain Basin’’. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(c) ESTABLISHMENT OF CHAMPLAIN COMMISSION.— 

(1) IN GENERAL.—There is established a commission to 

be known as the ‘‘Champlain Quadricentennial Commemoration 

Commission’’. 

(2) MEMBERSHIP.— 

(A) COMPOSITION.—The Champlain Commission shall 

be composed of 10 members, of whom— 

(i) 1 member shall be the Director of the National 

Park Service (or a designee); 

(ii) 4 members shall be appointed by the Secretary 

from among individuals who, on the date of enactment 

of this Act, are— 


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(I) serving as members of the Hudson-FultonChamplain Quadricentennial Commission of the 

State of New York; and 

(II) residents of Champlain Valley, New York; 

(iii) 4 members shall be appointed by the Secretary 

from among individuals who, on the date of enactment 

of this Act, are— 

(I) serving as members of the Lake Champlain 

Quadricentennial Commission of the State of 

Vermont; and 

(II) residents of the State of Vermont; and 

(iv) 1 member shall be appointed by the Secretary, 

and shall be an individual who has— 

(I) an interest in, support for, and expertise 

appropriate with respect to, the Champlain 

commemoration; and 

(II) knowledge relating to the history of the 

Champlain Valley. 

(B) TERM; VACANCIES.— 

(i) TERM.—A member of the Champlain Commission shall be appointed for the life of the Champlain 

Commission. 

(ii) VACANCIES.—A vacancy on the Champlain 

Commission shall be filled in the same manner in 

which the original appointment was made. 

(3) DUTIES.—The Champlain Commission shall— 

(A) plan, develop, and execute programs and activities 

appropriate to commemorate the 400th anniversary of the 

voyage of Samuel de Champlain, the first European to 

discover and explore Lake Champlain; 

(B) facilitate activities relating to the Champlain 

Quadricentennial throughout the United States; 

(C) coordinate the activities of the Champlain Commission with— 

(i) State commemoration commissions; 

(ii) appropriate Federal agencies; 

(iii) the Lake Champlain Basin Program; 

(iv) the National Endowment for the Arts; and 

(v) the Smithsonian Institution; 

(D) encourage civic, patriotic, historical, educational, 

artistic, religious, economic, and other organizations 

throughout the United States to organize and participate 

in anniversary activities to expand the understanding and 

appreciation of the significance of the voyage of Samuel 

de Champlain; 

(E) provide technical assistance to States, localities, 

and nonprofit organizations to further the Champlain 

commemoration; 

(F) coordinate and facilitate for the public scholarly 

research on, publication about, and interpretation of, the 

voyage of Samuel de Champlain; 

(G) ensure that the Champlain 2009 anniversary provides a lasting legacy and a long-term public benefit by 

assisting in the development of appropriate programs and 

facilities; 

(H) help ensure that the observances of the voyage 

of Samuel de Champlain are inclusive and appropriately 


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recognize the experiences and heritage of all people present 

when Samuel de Champlain arrived in the Champlain 

Valley; and 

(I) consult and coordinate with the Lake Champlain 

Basin Program and other relevant organizations to plan 

and develop programs and activities to commemorate the 

voyage of Samuel de Champlain. 

(d) ESTABLISHMENT OF HUDSON-FULTON COMMISSION.— (1) ESTABLISHMENT.—There is established a commission 

to be known as the ‘‘Hudson-Fulton 400th Commemoration 

Commission’’. 

(2) MEMBERSHIP.— (A) COMPOSITION.—The Hudson-Fulton Commission 

shall be composed of 15 members, of whom— 

(i) 1 member shall be the Director of the National 

Park Service (or a designee); 

(ii) 1 member shall be appointed by the Secretary, 

after considering the recommendation of the Governor 

of the State of New York; 

(iii) 6 members shall be appointed by the Secretary, after considering the recommendations of the 

Members of the House of Representatives whose districts encompass the Hudson River Valley; 

(iv) 2 members shall be appointed by the Secretary, 

after considering the recommendations of the Members 

of the Senate from the State of New York; 

(v) 2 members shall be— 

(I) appointed by the Secretary; and 

(II) individuals who have an interest in, support for, and expertise appropriate with respect 

to, the Hudson-Fulton commemoration, of whom— 

(aa) 1 member shall be an individual with 

expertise in the Hudson River Valley National 

Heritage Area; and 

(bb) 1 member shall be an individual with 

expertise in the State of New York, as it 

relates to the Hudson-Fulton commemoration; 

(vi) 1 member shall be the Chairperson of a 

commemorative commission formed by the State of 

New York (or the designee of the Chairperson); and 

(vii) 2 members shall be appointed by the Secretary, after— 

(I) considering the recommendation of the 

Mayor of the city of New York; and 

(II) consulting the Members of the House of 

Representatives whose districts encompass the city 

of New York. 

(B) TERM; VACANCIES.— 

(i) TERM.—A member of the Hudson-Fulton 

Commission shall be appointed for the life of the Hudson-Fulton Commission. 

(ii) VACANCIES.—A vacancy on the Hudson-Fulton 

Commission shall be filled in the same manner in 

which the original appointment was made. 

(3) DUTIES.—The Hudson-Fulton Commission shall— 

(A) plan, develop, and execute programs and activities 

appropriate to commemorate— 


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(i) the 400th anniversary of the voyage of Henry 

Hudson, the first European to sail up the Hudson 

River; and 

(ii) the 200th anniversary of the voyage of Robert 

Fulton, the first person to use steam navigation on 

a commercial basis; 

(B) facilitate activities relating to the Hudson-FultonChamplain Quadricentennial throughout the United States; 

(C) coordinate the activities of the Hudson-Fulton 

Commission with— 

(i) State commemoration commissions; 

(ii) appropriate Federal agencies; 

(iii) the National Park Service, with respect to 

the Hudson River Valley National Heritage Area; 

(iv) the American Heritage Rivers Initiative Interagency Committee established by Executive Order 

13061, dated September 11, 1997; 

(v) the National Endowment for the Humanities; 

(vi) the National Endowment for the Arts; and 

(vii) the Smithsonian Institution; 

(D) encourage civic, patriotic, historical, educational, 

artistic, religious, economic, and other organizations 

throughout the United States to organize and participate 

in anniversary activities to expand the understanding and 

appreciation of the significance of the voyages of Henry 

Hudson and Robert Fulton; 

(E) provide technical assistance to States, localities, 

and nonprofit organizations to further the Hudson-Fulton 

commemoration; 

(F) coordinate and facilitate for the public scholarly 

research on, publication about, and interpretation of, the 

voyages of Henry Hudson and Robert Fulton; 

(G) ensure that the Hudson-Fulton 2009 commemorations provide a lasting legacy and long-term public benefit 

by assisting in the development of appropriate programs 

and facilities; and 

(H) help ensure that the observances of Henry Hudson 

are inclusive and appropriately recognize the experiences 

and heritage of all people present when Henry Hudson 

sailed the Hudson River. 

(e) COMMISSION MEETINGS.— 

(1) INITIAL MEETING.—Not later than 30 days after the 

date on which all members of a commission established under 

this section have been appointed, the applicable Commission 

shall hold an initial meeting. 

(2) MEETINGS.—A commission established under this section shall meet— 

(A) at least twice each year; or 

(B) at the call of the Chairperson or the majority 

of the members of the Commission. 

(3) QUORUM.—A majority of voting members shall constitute a quorum, but a lesser number may hold meetings. 

(4) CHAIRPERSON AND VICE CHAIRPERSON.— 

(A) ELECTION.—The Commission shall elect the Chairperson and the Vice Chairperson of the Commission on 

an annual basis. 

Deadline. 


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(B) ABSENCE OF THE CHAIRPERSON.—The Vice Chairperson shall serve as the Chairperson in the absence of 

the Chairperson. 

(5) VOTING.—A commission established under this section 

shall act only on an affirmative vote of a majority of the 

voting members of the applicable Commission. 

(f) COMMISSION POWERS.— 

(1) GIFTS.—The Commission may solicit, accept, use, and 

dispose of gifts, bequests, or devises of money or other property 

for aiding or facilitating the work of the Commission. 

(2) APPOINTMENT OF ADVISORY COMMITTEES.—The Commission may appoint such advisory committees as the Commission 

determines to be necessary to carry out this section. 

(3) AUTHORIZATION OF ACTION.—The Commission may 

authorize any member or employee of the Commission to take 

any action that the Commission is authorized to take under 

this section. 

(4) PROCUREMENT.— 

(A) IN GENERAL.—The Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this 

section (except that a contract, lease, or other legal agreement made or entered into by the Commission shall not 

extend beyond the date of termination of the Commission). 

(B) LIMITATION.—The Commission may not purchase 

real property. 

(5) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions 

as other agencies of the Federal Government. 

(6) GRANTS.— 

(A) CHAMPLAIN COMMISSION.—The Champlain Commission may make grants in amounts not to exceed $20,000— 

(i) to communities, nonprofit organizations, and 

State commemorative commissions to develop programs to assist in the Champlain commemoration; and 

(ii) to research and scholarly organizations to 

research, publish, or distribute information relating 

to the early history of the voyage of Samuel de Champlain. 

(B) HUDSON-FULTON COMMISSION.—The Hudson-Fulton 

Commission may make grants in amounts not to exceed 

$20,000— 

(i) to communities, nonprofit organizations, and 

State commemorative commissions to develop programs to assist in the Hudson-Fulton commemoration; 

and 

(ii) to research and scholarly organizations to 

research, publish, or distribute information relating 

to the early history of the voyages of Henry Hudson 

and Robert Fulton. 

(7) TECHNICAL ASSISTANCE.—The Commission shall provide 

technical assistance to States, localities, and nonprofit organizations to further the Champlain commemoration and HudsonFulton commemoration, as applicable. 

(8) COORDINATION AND CONSULTATION WITH LAKE CHAMPLAIN BASIN PROGRAM.—The Champlain Commission shall 


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coordinate and consult with the Lake Champlain Basin Program to provide grants and technical assistance under paragraphs (6)(A) and (7) for the development of activities commemorating the voyage of Samuel de Champlain. 

(g) COMMISSION PERSONNEL MATTERS.— (1) COMPENSATION OF MEMBERS.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), a member of the Commission shall serve without compensation. 

(B) FEDERAL EMPLOYEES.—A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the 

compensation received for the services of the member as 

an officer or employee of the Federal Government. 

(2) TRAVEL EXPENSES.—A member of the Commission shall 

be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under 

subchapter I of chapter 57 of title 5, United States Code, 

while away from the home or regular place of business of 

the member in the performance of the duties of the Commission. 

(3) STAFF.—The Commission may, without regard to the 

civil service laws (including regulations), appoint and terminate 

an Executive Director and such other additional personnel as 

are necessary to enable the Commission to perform the duties 

of the Commission. 

(4) COMPENSATION.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the Commission may fix the compensation of the Executive Director and other personnel without regard to the 

provisions of chapter 51 and subchapter III of chapter 

53 of title 5, United States Code, relating to classification 

of positions and General Schedule pay rates. 

(B) MAXIMUM RATE OF PAY.—The rate of pay for the 

Executive Director and other personnel shall not exceed 

the rate payable for level V of the Executive Schedule 

under section 5316 of title 5, United States Code. 

(5) DETAIL OF GOVERNMENT EMPLOYEES.— 

(A) FEDERAL EMPLOYEES.— 

(i) IN GENERAL.—At the request of the Commission, 

the head of any Federal agency may detail, on a 

reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the 

Commission in carrying out the duties of the Commission under this section. 

(ii) CIVIL SERVICE STATUS.—The detail of an 

employee under clause (i) shall be without interruption 

or loss of civil service status or privilege. 

(B) STATE EMPLOYEES.—The Commission may— 

(i) accept the services of personnel detailed from 

the State of New York or the State of Vermont, as 

appropriate (including subdivisions of the States); and 

(ii) reimburse the State of New York or the State 

of Vermont for services of detailed personnel. 

(C) LAKE CHAMPLAIN BASIN PROGRAM EMPLOYEES.—The 

Champlain Commission may— 

(i) accept the services of personnel detailed from 

the Lake Champlain Basin Program; and 


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(ii) reimburse the Lake Champlain Basin Program 

for services of detailed personnel. 

(D) PROCUREMENT OF TEMPORARY AND INTERMITTENT

SERVICES.—The Commission may procure temporary and 

intermittent services in accordance with section 3109(b) 

of title 5, United States Code, at rates for individuals 

that do not exceed the daily equivalent of the annual rate 

of basic pay prescribed for level V of the Executive Schedule 

under section 5316 of that title. 

(6) VOLUNTEER AND UNCOMPENSATED SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the 

Commission may accept and use voluntary and uncompensated 

services as the Commission determines necessary. 

(7) SUPPORT SERVICES.—The Secretary shall provide to the 

Commission, on a reimbursable basis, such administrative support services as the Commission may request. 

(8) FACA NONAPPLICABILITY.—Section 14(b) of the Federal 

Advisory Committee Act (5 U.S.C. App.) shall not apply to 

the Commission. 

(h) REPORTS.—Not later than September 30, 2010, the Commission shall submit to the Secretary a report that contains— 

(1) a summary of the activities of the Commission; 

(2) a final accounting of funds received and expended by 

the Commission; and 

(3) the findings and recommendations of the Commission. 

(i) TERMINATION OF COMMISSIONS.— 

(1) DATE OF TERMINATION.—The Commission shall terminate on December 31, 2010. 

(2) TRANSFER OF DOCUMENTS AND MATERIALS.—Before the 

date of termination specified in paragraph (1), the Commission 

shall transfer all of its documents and materials of the Commission to the National Archives or another appropriate Federal 

entity. 

(j) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section for each of fiscal years 2008 through 

2011— 

(A) $500,000 to the Champlain Commission; and 

(B) $500,000 to the Hudson-Fulton Commission. 

(2) AVAILABILITY.—Amounts made available under paragraph (1) shall remain available until expended. 

SEC. 335. SENSE OF CONGRESS REGARDING THE DESIGNATION OF 

THE MUSEUM OF THE AMERICAN QUILTER’S SOCIETY OF 

THE UNITED STATES. 

(a) FINDINGS.—Congress finds that— 

(1) the Museum of the American Quilter’s Society is the 

largest quilt museum in the world, with a total of 13,400 

square feet of exhibition space and more than 150 quilts exhibited year-round in its 3 galleries; 

(2) the mission of the Museum is to educate the local, 

national, and international public about the art, history, and 

heritage of quiltmaking; 

(3) quilts in the Museum’s permanent collection are made 

by quilters from 44 of the 50 States and many foreign countries; 


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(4) the Museum, centrally located in Paducah, Kentucky, 

and open to the public year-round, averages 40,000 visitors 

per year; 

(5) individuals from all 50 States and from more than 

25 foreign countries have visited the Museum; 

(6) the Museum’s Friends, an organization dedicated to 

supporting and sustaining the Museum, also has members in 

all 50 States, with 84 percent of members living more than 

60 miles from the Museum; 

(7) many members of the Museum’s Friends have supported 

the Museum annually since the Museum began in 1991; 

(8) quilts exhibited in the Museum are representative of 

the Nation and its cultures thanks to the wide diversity of 

themes and topics, quilts, and quiltmakers; and 

(9) the Museum of the American Quilter’s Society has 

national significance and support. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Museum of the American Quilter’s Society, located at 215 Jefferson Street, Paducah, Kentucky, should be designated as the 

‘‘National Quilt Museum of the United States’’. 

SEC. 336. SENSE OF CONGRESS REGARDING THE DESIGNATION OF 

THE NATIONAL MUSEUM OF WILDLIFE ART OF THE 

UNITED STATES. 

(a) FINDINGS.—Congress finds that— 

(1) the National Museum of Wildlife Art in Jackson, 

Wyoming, is devoted to inspiring global recognition of fine 

art related to nature and wildlife; 

(2) the National Museum of Wildlife Art is an excellent 

example of a thematic museum that strives to unify the humanities and sciences into a coherent body of knowledge through 

art; 

(3) the National Museum of Wildlife Art, which was 

founded in 1987 with a private gift of a collection of art, 

has grown in stature and importance and is recognized today 

as the world’s premier museum of wildlife art; 

(4) the National Museum of Wildlife Art is the only public 

museum in the United States with the mission of enriching 

and inspiring public appreciation and knowledge of fine art, 

while exploring the relationship between humanity and nature 

by collecting fine art focused on wildlife; 

(5) the National Museum of Wildlife Art is housed in an 

architecturally significant and award-winning 51,000-square 

foot facility that overlooks the 28,000-acre National Elk Refuge 

and is adjacent to the Grand Teton National Park; 

(6) the National Museum of Wildlife Art is accredited with 

the American Association of Museums, continues to grow in 

national recognition and importance with members from every 

State, and has a Board of Trustees and a National Advisory 

Board composed of major benefactors and leaders in the arts 

and sciences from throughout the United States; 

(7) the permanent collection of the National Museum of 

Wildlife Art has grown to more than 3,000 works by important 

historic American artists including Edward Hicks, Anna Hyatt 

Huntington, Charles M. Russell, William Merritt Chase, and 

Alexander Calder, and contemporary American artists, 


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including Steve Kestrel, Bart Walter, Nancy Howe, John Nieto, 

and Jamie Wyeth; 

(8) the National Museum of Wildlife Art is a destination 

attraction in the Western United States with annual attendance 

of 92,000 visitors from all over the world and an award-winning 

website that receives more than 10,000 visits per week; 

(9) the National Museum of Wildlife Art seeks to educate 

a diverse audience through collecting fine art focused on wildlife, presenting exceptional exhibitions, providing community, 

regional, national, and international outreach, and presenting 

extensive educational programming for adults and children; 

and 

(10) a great opportunity exists to use the invaluable 

resources of the National Museum of Wildlife Art to teach 

the schoolchildren of the United States, through onsite visits, 

traveling exhibits, classroom curriculum, online distance 

learning, and other educational initiatives. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the National Museum of Wildlife Art, located at 2820 Rungius 

Road, Jackson, Wyoming, should be designated as the ‘‘National 

Museum of Wildlife Art of the United States’’. 

SEC. 337. REDESIGNATION OF ELLIS ISLAND LIBRARY. 

(a) REDESIGNATION.—The Ellis Island Library on the third floor 

of the Ellis Island Immigration Museum, located on Ellis Island 

in New York Harbor, shall be known and redesignated as the 

‘‘Bob Hope Memorial Library’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the Ellis 

Island Library on the third floor of the Ellis Island Immigration 

Museum referred to in subsection (a) shall be deemed to be a 

reference to the ‘‘Bob Hope Memorial Library’’. 

Subtitle E—Trails and Rivers 

SEC. 341. AUTHORIZATION AND ADMINISTRATION OF STAR-SPANGLED 

BANNER NATIONAL HISTORIC TRAIL. 

Section 5(a) of the National Trails System Act (16 U.S.C. 

1244(a)) is amended by adding at the end the following: 

‘‘(26) STAR-SPANGLED BANNER NATIONAL HISTORIC TRAIL.— 

‘‘(A) IN GENERAL.—The Star-Spangled Banner National 

Historic Trail, a trail consisting of water and overland 

routes totaling approximately 290 miles, extending from 

Tangier Island, Virginia, through southern Maryland, the 

District of Columbia, and northern Virginia, in the Chesapeake Bay, Patuxent River, Potomac River, and north to 

the Patapsco River, and Baltimore, Maryland, commemorating the Chesapeake Campaign of the War of 1812 

(including the British invasion of Washington, District of 

Columbia, and its associated feints, and the Battle of Baltimore in summer 1814), as generally depicted on the map 

titled ‘Star-Spangled Banner National Historic Trail’, numbered T02/80,000, and dated June 2007. 

‘‘(B) MAP.—The map referred to in subparagraph (A) 

shall be maintained on file and available for public inspection in the appropriate offices of the National Park Service. 

State listing. 

New York. 


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‘‘(C) ADMINISTRATION.—Subject to subparagraph (E)(ii), 

the trail shall be administered by the Secretary of the 

Interior. 

‘‘(D) LAND ACQUISITION.—No land or interest in land 

outside the exterior boundaries of any federally administered area may be acquired by the United States for the 

trail except with the consent of the owner of the land 

or interest in land. 

‘‘(E) PUBLIC PARTICIPATION.—The Secretary of the 

Interior shall— 

‘‘(i) encourage communities, owners of land along 

the trail, and volunteer trail groups to participate in 

the planning, development, and maintenance of the 

trail; and 

‘‘(ii) consult with other affected landowners and 

Federal, State, and local agencies in the administration 

of the trail. 

‘‘(F) INTERPRETATION AND ASSISTANCE.—Subject to the 

availability of appropriations, the Secretary of the Interior 

may provide, to State and local governments and nonprofit 

organizations, interpretive programs and services and technical assistance for use in— 

‘‘(i) carrying out preservation and development of 

the trail; and 

‘‘(ii) providing education relating to the War of 

1812 along the trail.’’. 

SEC. 342. LAND CONVEYANCE, LEWIS AND CLARK NATIONAL HISTORIC 

TRAIL, NEBRASKA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Interior 

may convey, without consideration, to the Missouri River Basin 

Lewis and Clark Interpretive Trail and Visitor Center Foundation, 

Inc. (a 501(c)(3) not-for-profit organization with operational headquarters at 100 Valmont Drive, Nebraska City, Nebraska 68410), 

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

federally owned land under jurisdiction of the Secretary consisting 

of 2 parcels as generally depicted on the map titled ‘‘Lewis and 

Clark National Historic Trail’’, numbered 648/80,002, and dated 

March 2006. 

(b) SURVEY; CONVEYANCE COST.—The exact acreage and legal 

description of the land to be conveyed under subsection (a) shall 

be determined by a survey satisfactory to the Secretary. The cost 

of the survey and all other costs incurred by the Secretary to 

convey the land shall be borne by the Missouri River Basin Lewis 

and Clark Interpretive Trail and Visitor Center Foundation, Inc. 

(c) CONDITION OF CONVEYANCE, USE OF CONVEYED LAND.— 

The conveyance authorized under subsection (a) shall be subject 

to the condition that the Missouri River Basin Lewis and Clark 

Interpretive Trail and Visitor Center Foundation, Inc. use the conveyed land as an historic site and interpretive center for the Lewis 

and Clark National Historic Trail. 

(d) DISCONTINUANCE OF USE.—If Missouri River Basin Lewis 

and Clark Interpretive Trail and Visitor Center Foundation, Inc. 

determines to discontinue use of the land conveyed under subsection 

(a) as an historic site and interpretive center for the Lewis and 

Clark National Historic Trail, the Missouri River Basin Lewis and 


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Clark Interpretive Trail and Visitor Center Foundation, Inc. shall 

convey lands back to the Secretary without consideration. 

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

require such additional terms and conditions in connection with 

the conveyance under subsection (a) or the conveyance, if any, 

under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. Through a written agreement 

with the Foundation, the National Park Service shall ensure that 

the operation of the land conveyed under subsection (a) is in accordance with National Park Service standards for preservation, maintenance, and interpretation. 

(f) AUTHORIZATION OF APPROPRIATIONS.—To assist with the 

operation of the historic site and interpretive center, there is authorized to be appropriated $150,000 per year for a period not to 

exceed 10 years. 

SEC. 343. LEWIS AND CLARK NATIONAL HISTORIC TRAIL EXTENSION. 

(a) DEFINITIONS.—In this section: 

(1) EASTERN LEGACY SITES.—The term ‘‘Eastern Legacy 

sites’’ means the sites associated with the preparation or return 

phases of the Lewis and Clark expedition, commonly known 

as the ‘‘Eastern Legacy’’, including sites in Virginia, the District 

of Columbia, Maryland, Delaware, Pennsylvania, West Virginia, 

Ohio, Kentucky, Tennessee, Indiana, Missouri, and Illinois. This 

includes the routes followed by Meriwether Lewis and William 

Clark, whether independently or together. 

(2) TRAIL.—The term ‘‘Trail’’ means the Lewis and Clark 

National Historic Trail designated by section 5(a)(6) of the 

National Trails System Act (16 U.S.C. 1244(a)(6)). 

(b) SPECIAL RESOURCE STUDY.— 

(1) IN GENERAL.—The Secretary shall complete a special 

resource study of the Eastern Legacy sites to determine— 

(A) the suitability and feasibility of adding these sites 

to the Trail; and 

(B) the methods and means for the protection and 

interpretation of these sites by the National Park Service, 

other Federal, State, or local government entities or private 

or non-profit organizations. 

(2) STUDY REQUIREMENTS.— 

(A) IN GENERAL.—The Secretary shall conduct the 

study in accordance with section 5(b) of the National Trails 

System Act (16 U.S.C. 1244(b)). 

(B) IMPACT ON TOURISM.—In conducting the study, the 

Secretary shall analyze the potential impact that the inclusion of the Eastern Legacy sites is likely to have on tourist 

visitation to the western portion of the trail. 

(c) REPORT.—Not later than 3 years after the date on which 

funds are made available to carry out this section, the Secretary 

shall submit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report containing— 

(1) the results of the study; and 

(2) any recommendations of the Secretary. 

SEC. 344. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER, 

CONNECTICUT. 

(a) FINDINGS.—Congress finds the following: 

State listing. 

Contracts. 


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(1) The Eightmile River Wild and Scenic River Study Act 

of 2001 (Public Law 107–65; 115 Stat. 484) authorized the 

study of the Eightmile River in the State of Connecticut from 

its headwaters downstream to its confluence with the Connecticut River for potential inclusion in the National Wild and 

Scenic Rivers System. 

(2) The segments of the Eightmile River covered by the 

study are in a free-flowing condition, and the outstanding 

resource values of the river segments include the cultural landscape, water quality, watershed hydrology, unique species and 

natural communities, geology, and watershed ecosystem. 

(3) The Eightmile River Wild and Scenic Study Committee 

has determined that— 

(A) the outstanding resource values of these river segments depend on sustaining the integrity and quality of 

the Eightmile River watershed; 

(B) these resource values are manifest within the entire 

watershed; and 

(C) the watershed as a whole, including its protection, 

is itself intrinsically important to this designation. 

(4) The Eightmile River Wild and Scenic Study Committee 

took a watershed approach in studying and recommending 

management options for the river segments and the Eightmile 

River watershed as a whole. 

(5) During the study, the Eightmile River Wild and Scenic 

Study Committee, with assistance from the National Park 

Service, prepared a comprehensive management plan for the 

Eightmile River watershed, dated December 8, 2005 (in this 

section referred to as the ‘‘Eightmile River Watershed Management Plan’’), which establishes objectives, standards, and action 

programs that will ensure long-term protection of the outstanding values of the river and compatible management of 

the land and water resources of the Eightmile River and its 

watershed, without Federal management of affected lands not 

owned by the United States. 

(6) The Eightmile River Wild and Scenic Study Committee 

voted in favor of inclusion of the Eightmile River in the National 

Wild and Scenic Rivers System and included this recommendation as an integral part of the Eightmile River Watershed 

Management Plan. 

(7) The residents of the towns lying along the Eightmile 

River and comprising most of its watershed (Salem, East 

Haddam, and Lyme, Connecticut), as well as the Boards of 

Selectmen and Land Use Commissions of these towns, voted 

to endorse the Eightmile River Watershed Management Plan 

and to seek designation of the river as a component of the 

National Wild and Scenic Rivers System. 

(8) The State of Connecticut General Assembly enacted 

Public Act 05–18 to endorse the Eightmile River Watershed 

Management Plan and to seek designation of the river as 

a component of the National Wild and Scenic Rivers System. 

(b) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) is amended— 

(1) by redesignating paragraph (167) (relating to the 

Musconetcong River, New Jersey) as paragraph (169); 

(2) by designating the undesignated paragraph relating 

to the White Salmon River, Washington, as paragraph (167); 


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(3) by designating the undesignated paragraph relating 

to the Black Butte River, California, as paragraph (168); and 

(4) by adding at the end the following: 

‘‘(170) EIGHTMILE RIVER, CONNECTICUT.—Segments of the main 

stem and specified tributaries of the Eightmile River in the State 

of Connecticut, totaling approximately 25.3 miles, to be administered by the Secretary of the Interior as follows: 

‘‘(A) The entire 10.8-mile segment of the main stem, 

starting at its confluence with Lake Hayward Brook to its 

confluence with the Connecticut River at the mouth of Hamburg 

Cove, as a scenic river. 

‘‘(B) The 8.0-mile segment of the East Branch of the 

Eightmile River starting at Witch Meadow Road to its confluence with the main stem of the Eightmile River, as a scenic 

river. 

‘‘(C) The 3.9-mile segment of Harris Brook starting with 

the confluence of an unnamed stream lying 0.74 miles due 

east of the intersection of Hartford Road (State Route 85) 

and Round Hill Road to its confluence with the East Branch 

of the Eightmile River, as a scenic river. 

‘‘(D) The 1.9-mile segment of Beaver Brook starting at 

its confluence with Cedar Pond Brook to its confluence with 

the main stem of the Eightmile River, as a scenic river. 

‘‘(E) The 0.7-mile segment of Falls Brook from its confluence 

with Tisdale Brook to its confluence with the main stem of 

the Eightmile River at Hamburg Cove, as a scenic river.’’. 

(c) MANAGEMENT.—The segments of the main stem and certain 

tributaries of the Eightmile River in the State of Connecticut designated as components of the National Wild and Scenic Rivers 

System by the amendment made by subsection (b) (in this section 

referred to as the ‘‘Eightmile River’’) shall be managed in accordance 

with the Eightmile River Watershed Management Plan and such 

amendments to the plan as the Secretary of the Interior determines 

are consistent with this section. The Eightmile River Watershed 

Management Plan is deemed to satisfy the requirements for a 

comprehensive management plan required by section 3(d) of the 

Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). 

(d) COMMITTEE.—The Secretary of the Interior shall coordinate 

the management responsibilities of the Secretary with regard to 

the Eightmile River with the Eightmile River Coordinating Committee, as specified in the Eightmile River Watershed Management 

Plan. 

(e) COOPERATIVE AGREEMENTS.—In order to provide for the 

long-term protection, preservation, and enhancement of the 

Eightmile River, the Secretary of the Interior may enter into 

cooperative agreements pursuant to sections 10(e) and 11(b)(1) of 

the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) 

with the State of Connecticut, the towns of Salem, Lyme, and 

East Haddam, Connecticut, and appropriate local planning and 

environmental organizations. All cooperative agreements authorized 

by this subsection shall be consistent with the Eightmile River 

Watershed Management Plan and may include provisions for financial or other assistance from the United States. 

(f) RELATION TO NATIONAL PARK SYSTEM.—Notwithstanding 

section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), 

the Eightmile River shall not be administered as part of the 

16 USC 1274 

note. 

16 USC 1274 

note. 

16 USC 1274 

note. 

16 USC 1274 

note. 


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National Park System or be subject to regulations which govern 

the National Park System. 

(g) LAND MANAGEMENT.—The zoning ordinances adopted by 

the towns of Salem, East Haddam, and Lyme, Connecticut, in 

effect as of December 8, 2005, including provisions for conservation 

of floodplains, wetlands, and watercourses associated with the segments, are deemed to satisfy the standards and requirements of 

section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277 

(c)). For the purpose of section 6(c) of that Act, such towns shall 

be deemed ‘‘villages’’ and the provisions of that section, which 

prohibit Federal acquisition of lands by condemnation, shall apply 

to the segments designated by subsection (b). The authority of 

the Secretary to acquire lands for the purposes of this section 

shall be limited to acquisition by donation or acquisition with the 

consent of the owner thereof, and shall be subject to the additional 

criteria set forth in the Eightmile River Watershed Management 

Plan. 

(h) WATERSHED APPROACH.— (1) IN GENERAL.—In furtherance of the watershed approach 

to resource preservation and enhancement articulated in the 

Eightmile River Watershed Management Plan, the tributaries 

of the Eightmile River watershed specified in paragraph (2) 

are recognized as integral to the protection and enhancement 

of the Eightmile River and its watershed. 

(2) COVERED TRIBUTARIES.—Paragraph (1) applies with 

respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar 

Pond Brook, Cranberry Meadow Brook, Early Brook, Falls 

Brook, Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, Malt House Brook, Muddy Brook, Ransom Brook, 

Rattlesnake Ledge Brook, Shingle Mill Brook, Strongs Brook, 

Tisdale Brook, Witch Meadow Brook, and all other perennial 

streams within the Eightmile River watershed. 

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section and the amendment made by subsection (b). 

Subtitle F—Denali National Park and 

Alaska Railroad Exchange 

SEC. 351. DENALI NATIONAL PARK AND ALASKA RAILROAD CORPORATION EXCHANGE. 

(a) DEFINITIONS.—In this section: 

(1) CORPORATION.—The term ‘‘Corporation’’ means the 

Alaska Railroad Corporation owned by the State of Alaska. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(b) EXCHANGE.— (1) IN GENERAL.— (A) EASEMENT EXPANDED.—The Secretary is authorized 

to grant to the Alaska Railroad Corporation an exclusiveuse easement on land that is identified by the Secretary 

within Denali National Park for the purpose of providing 

a location to the Corporation for construction, maintenance, 

and on-going operation of track and associated support 

facilities for turning railroad trains around near Denali 

Park Station. 

16 USC 1132 

note; 45 USC 

1203 note. 

16 USC 1274 

note. 

16 USC 1274 

note. 


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(B) EASEMENT RELINQUISHED.—In exchange for the 

easement granted in subparagraph (A), the Secretary shall 

require the relinquishment of certain portions of the Corporation’s existing exclusive use easement within the 

boundary of Denali National Park. 

(2) CONDITIONS OF THE EXCHANGE.— (A) EQUAL EXCHANGE.—The exchange of easements 

under this section shall be on an approximately equalacre basis. 

(B) TOTAL ACRES.—The easement granted under paragraph (1)(A) shall not exceed 25 acres. 

(C) INTERESTS CONVEYED.—The easement conveyed to 

the Alaska Railroad Corporation by the Secretary under 

this section shall be under the same terms as the exclusive 

use easement granted to the Railroad in Denali National 

Park in the Deed for Exclusive Use Easement and Railroad 

Related Improvements filed in Book 33, pages 985–994 

of the Nenana Recording District, Alaska, pursuant to the 

Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201 et 

seq.). The easement relinquished by the Alaska Railroad 

Corporation to the United States under this section shall, 

with respect to the portion being exchanged, be the full 

title and interest received by the Alaska Railroad in the 

Deed for Exclusive Use Easement and Railroad Related 

Improvements filed in Book 33, pages 985–994 of the 

Nenana Recording District, Alaska, pursuant to the Alaska 

Railroad Transfer Act of 1982 (45 U.S.C. 1201 et seq.). 

(D) COSTS.—The Alaska Railroad shall pay all costs 

associated with the exchange under this section, including 

the costs of compliance with the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.), the costs of 

any surveys, and other reasonable costs. 

(E) LAND TO BE PART OF WILDERNESS.—The land underlying any easement relinquished to the United States under 

this section that is adjacent to designated wilderness is 

hereby designated as wilderness and added to the Denali 

Wilderness, the boundaries of which are modified accordingly, and shall be managed in accordance with applicable 

provisions of the Wilderness Act (78 Stat. 892) and the 

Alaska National Interest Lands Conservation Act of 1980 

(94 Stat. 2371). 

(F) OTHER TERMS AND CONDITIONS.—The Secretary 

shall require any additional terms and conditions under 

this section that the Secretary determines to be appropriate 

to protect the interests of the United States and of Denali 

National Park. 

Subtitle G—National Underground Railroad Network to Freedom Amendments 

SEC. 361. AUTHORIZING APPROPRIATIONS FOR SPECIFIC PURPOSES. 

(a) IN GENERAL.—The National Underground Railroad Network 

to Freedom Act of 1998 (16 U.S.C. 469l et seq.) is amended— 

(1) by striking section 3(d); 

(2) by striking section 4(d); and 

(3) by adding at the end the following: 

16 USC 469l–2. 

16 USC 469l–1. 


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‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) AMOUNTS.—There are authorized to be appropriated to 

carry out this Act $2,500,000 for each fiscal year, to be allocated 

as follows: 

‘‘(1) $2,000,000 is to be used for the purposes of section 

3. 

‘‘(2) $500,000 is to be used for the purposes of section 

4. 

‘‘(b) RESTRICTIONS.—No amounts may be appropriated for the 

purposes of this Act except to the Secretary for carrying out the 

responsibilities of the Secretary as set forth in this Act.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect at the beginning of the fiscal year immediately 

following the date of the enactment of this Act. 

Subtitle H—Grand Canyon Subcontractors 

SEC. 371. DEFINITIONS. 

In this subtitle: 

(1) IDIQ.—The term ‘‘IDIQ’’ means an Indefinite Deliver/ 

Indefinite Quantity contract. 

(2) PARK.—The term ‘‘park’’ means Grand Canyon National 

Park. 

(3) PGI.—The term ‘‘PGI’’ means Pacific General, Inc. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior, acting through the Director of the National 

Park Service. 

SEC. 372. AUTHORIZATION. 

The Secretary is authorized, subject to the appropriation of 

such funds as may be necessary, to pay the amount owed to the 

subcontractors of PGI for work performed at the park under an 

IDIQ with PGI between fiscal years 2002 and 2003, provided that— 

(1) the primary contract between PGI and the National 

Park Service is terminated; 

(2) the amount owed to the subcontractors is verified; 

(3) all reasonable legal avenues or recourse have been 

exhausted by the subcontractors to recoup amounts owed 

directly from PGI; and 

(4) the subcontractors provide a written statement that 

payment of the amount verified in paragraph (2) represents 

payment in full by the United States for all work performed 

at the park under the IDIQ with PGI between fiscal years 

2002 and 2003. 

TITLE IV—NATIONAL HERITAGE AREAS 

Subtitle A—Journey Through Hallowed 

Ground National Heritage Area 

SEC. 401. PURPOSES. 

The purposes of this subtitle include— 

(1) to recognize the national importance of the natural 

and cultural legacies of the area, as demonstrated in the study 

State listing. 

16 USC 461 note. 

16 USC 469l–1 

note. 

16 USC 469l–3. 


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entitled ‘‘The Journey Through Hallowed Ground National 

Heritage Area Feasibility Study’’ dated September 2006; 

(2) to preserve, support, conserve, and interpret the legacy 

of the American history created along the National Heritage 

Area; 

(3) to promote heritage, cultural and recreational tourism 

and to develop educational and cultural programs for visitors 

and the general public; 

(4) to recognize and interpret important events and 

geographic locations representing key developments in the creation of America, including Native American, Colonial American, European American, and African American heritage; 

(5) to recognize and interpret the effect of the Civil War 

on the civilian population of the National Heritage Area during 

the war and post-war reconstruction period; 

(6) to enhance a cooperative management framework to 

assist the Commonwealth of Virginia, the State of Maryland, 

the Commonwealth of Pennsylvania, the State of West Virginia, 

and their units of local government, the private sector, and 

citizens residing in the National Heritage Area in conserving, 

supporting, enhancing, and interpreting the significant historic, 

cultural and recreational sites in the National Heritage Area; 

and 

(7) to provide appropriate linkages among units of the 

National Park System within and surrounding the National 

Heritage Area, to protect, enhance, and interpret resources 

outside of park boundaries. 

SEC. 402. DEFINITIONS. 

In this subtitle— 

(1) NATIONAL HERITAGE AREA.—The term ‘‘National Heritage Area’’ means the Journey Through Hallowed Ground 

National Heritage Area established in this subtitle. 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Journey Through Hallowed Ground 

Partnership, a Virginia non-profit, which is hereby designated 

by Congress— 

(A) to develop, in partnership with others, the management plan for the National Heritage Area; and 

(B) to act as a catalyst for the implementation of 

projects and programs among diverse partners in the 

National Heritage Area. 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ 

means the plan prepared by the local coordinating entity for 

the National Heritage Area that specifies actions, policies, 

strategies, performance goals, and recommendations to meet 

the goals of the National Heritage Area, in accordance with 

this subtitle. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

SEC. 403. DESIGNATION OF THE JOURNEY THROUGH HALLOWED 

GROUND NATIONAL HERITAGE AREA. 

(a) ESTABLISHMENT.—There is hereby established the Journey 

Through Hallowed Ground National Heritage Area. 

(b) BOUNDARIES.— 

(1) IN GENERAL.—The Heritage Area shall consist of the 

175-mile region generally following the Route 15 corridor and 


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surrounding areas from Adams County, Pennsylvania, through 

Frederick County, Maryland, including the Heart of the Civil 

War Maryland State Heritage Area, looping through Brunswick, 

Maryland, to Harpers Ferry, West Virginia, back through 

Loudoun County, Virginia, to the Route 15 corridor and surrounding areas encompassing portions of Loudoun and Prince 

William Counties, Virginia, then Fauquier County, Virginia, 

portions of Spotsylvania and Madison Counties, Virginia, and 

Culpepper, Rappahannock, Orange, and Albemarle Counties, 

Virginia. 

(2) MAP.—The boundaries of the National Heritage Area 

shall include all of those lands and interests as generally 

depicted on the map titled ‘‘Journey Through Hallowed Ground 

National Heritage Area’’, numbered P90/80,000, and dated 

October 2006. The map shall be on file and available to the 

public in the appropriate offices of the National Park Service 

and the local coordinating entity. 

SEC. 404. MANAGEMENT PLAN. 

(a) REQUIREMENTS.—The management plan for the National 

Heritage Area shall— 

(1) describe comprehensive policies, goals, strategies, and 

recommendations for telling the story of the heritage of the 

area covered by the National Heritage Area and encouraging 

long-term resource protection, enhancement, interpretation, 

funding, management, and development of the National Heritage Area; 

(2) include a description of actions and commitments that 

Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, 

fund, manage, and develop the natural, historical, cultural, 

educational, scenic, and recreational resources of the National 

Heritage Area; 

(3) specify existing and potential sources of funding or 

economic development strategies to protect, enhance, interpret, 

fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, 

educational, scenic, and recreational resources of the National 

Heritage Area related to the national importance and themes 

of the National Heritage Area that should be protected, 

enhanced, interpreted, managed, funded, and developed; 

(5) recommend policies and strategies for resource management, including the development of intergovernmental and 

interagency agreements to protect, enhance, interpret, fund, 

manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National 

Heritage Area; 

(6) describe a program for implementation for the management plan, including— 

(A) performance goals; 

(B) plans for resource protection, enhancement, 

interpretation, funding, management, and development; 

and 

(C) specific commitments for implementation that have 

been made by the local coordinating entity or any Federal, 

State, Tribal, or local government agency, organization, 

business, or individual; 

Recommendations. 


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(7) include an analysis of, and recommendations for, means 

by which Federal, State, Tribal, and local programs may best 

be coordinated (including the role of the National Park Service 

and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and 

(8) include a business plan that— 

(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the 

major activities contained in the management plan; and 

(B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other 

resources necessary to implement the management plan 

for the National Heritage Area. 

(b) DEADLINE.— 

(1) IN GENERAL.—Not later than 3 years after the date 

on which funds are first made available to develop the management plan after designation as a National Heritage Area, the 

local coordinating entity shall submit the management plan 

to the Secretary for approval. 

(2) TERMINATION OF FUNDING.—If the management plan 

is not submitted to the Secretary in accordance with paragraph 

(1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time 

as the management plan is submitted to and approved by 

the Secretary. 

(c) APPROVAL OF MANAGEMENT PLAN.— 

(1) REVIEW.—Not later than 180 days after receiving the 

plan, the Secretary shall review and approve or disapprove 

the management plan for a National Heritage Area on the 

basis of the criteria established under paragraph (3). 

(2) CONSULTATION.—The Secretary shall consult with the 

Governor of each State in which the National Heritage Area 

is located before approving a management plan for the National 

Heritage Area. 

(3) CRITERIA FOR APPROVAL.—In determining whether to 

approve a management plan for a National Heritage Area, 

the Secretary shall consider whether— 

(A) the local coordinating entity represents the diverse 

interests of the National Heritage Area, including Federal, 

State, Tribal, and local governments, natural, and historic 

resource protection organizations, educational institutions, 

businesses, recreational organizations, community residents, and private property owners; 

(B) the local coordinating entity— 

(i) has afforded adequate opportunity for public 

and Federal, State, Tribal, and local governmental 

involvement (including through workshops and 

hearings) in the preparation of the management plan; 

and 

(ii) provides for at least semiannual public 

meetings to ensure adequate implementation of the 

management plan; 

(C) the resource protection, enhancement, interpretation, funding, management, and development strategies 

described in the management plan, if implemented, would 

adequately protect, enhance, interpret, fund, manage, and 

Deadline. 


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develop the natural, historic, cultural, educational, scenic, 

and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect 

any activities authorized on Federal land under public 

land laws or land use plans; 

(E) the local coordinating entity has demonstrated the 

financial capability, in partnership with others, to carry 

out the plan; 

(F) the Secretary has received adequate assurances 

from the appropriate State, Tribal, and local officials whose 

support is needed to ensure the effective implementation 

of the State, Tribal, and local elements of the management 

plan; and 

(G) the management plan demonstrates partnerships 

among the local coordinating entity, Federal, State, Tribal, 

and local governments, regional planning organizations, 

nonprofit organizations, or private sector parties for 

implementation of the management plan. 

(4) DISAPPROVAL.— 

(A) IN GENERAL.—If the Secretary disapproves the 

management plan, the Secretary— 

(i) shall advise the local coordinating entity in 

writing of the reasons for the disapproval; and 

(ii) may make recommendations to the local coordinating entity for revisions to the management plan. 

(B) DEADLINE.—Not later than 180 days after receiving 

a revised management plan, the Secretary shall approve 

or disapprove the revised management plan. 

(5) AMENDMENTS.— 

(A) IN GENERAL.—An amendment to the management 

plan that substantially alters the purposes of the National 

Heritage Area shall be reviewed by the Secretary and 

approved or disapproved in the same manner as the 

original management plan. 

(B) IMPLEMENTATION.—The local coordinating entity 

shall not use Federal funds authorized by this subtitle 

to implement an amendment to the management plan until 

the Secretary approves the amendment. 

(6) AUTHORITIES.—The Secretary may— 

(A) provide technical assistance under the authority 

of this subtitle for the development and implementation 

of the management plan; and 

(B) enter into cooperative agreements with interested 

parties to carry out this subtitle. 

SEC. 405. EVALUATION; REPORT. 

(a) IN GENERAL.—Not later than 3 years before the date on 

which authority for Federal funding terminates for the National 

Heritage Area under this subtitle, the Secretary shall— 

(1) conduct an evaluation of the accomplishments of the 

National Heritage Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection 

(a)(1) shall— 

(1) assess the progress of the local coordinating entity 

with respect to— 


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(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved 

management plan for the National Heritage Area; 

(2) analyze the Federal, State, Tribal, local, and private 

investments in the National Heritage Area to determine the 

impact of the investments; and 

(3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes 

of identifying the critical components for sustainability of the 

National Heritage Area. 

(c) REPORT.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee 

on Natural Resources of the United States House of Representatives 

and the Committee on Energy and Natural Resources of the United 

States Senate. The report shall include recommendations for the 

future role of the National Park Service, if any, with respect to 

the National Heritage Area. 

SEC. 406. LOCAL COORDINATING ENTITY. 

(a) DUTIES.—To further the purposes of the National Heritage 

Area, the Journey Through Hallowed Ground Partnership, as the 

local coordinating entity, shall— 

(1) prepare a management plan for the National Heritage 

Area, and submit the management plan to the Secretary, in 

accordance with this subtitle; 

(2) submit an annual report to the Secretary for each 

fiscal year for which the local coordinating entity receives Federal funds under this subtitle, specifying— 

(A) the specific performance goals and accomplishments 

of the local coordinating entity; 

(B) the expenses and income of the local coordinating 

entity; 

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and 

sources of the leveraging; and 

(E) grants made to any other entities during the fiscal 

year; 

(3) make available for audit for each fiscal year for which 

the local coordinating entity receives Federal funds under this 

subtitle, all information pertaining to the expenditure of the 

funds and any matching funds; and 

(4) encourage economic viability and sustainability that 

is consistent with the purposes of the National Heritage Area. 

(b) AUTHORITIES.—For the purposes of preparing and implementing the approved management plan for the National Heritage 

Area, the local coordinating entity may use Federal funds made 

available under this subtitle to— 

(1) make grants to political jurisdictions, nonprofit 

organizations, and other parties within the National Heritage 

Area; 

(2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals with 

expertise in— 

Reports. 

Plan. 


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(A) natural, historical, cultural, educational, scenic, 

and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including 

other Federal programs; 

(5) contract for goods or services; and 

(6) support activities of partners and any other activities 

that further the purposes of the National Heritage Area and 

are consistent with the approved management plan. 

(c) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The local 

coordinating entity may not use Federal funds authorized under 

this subtitle to acquire any interest in real property. 

SEC. 407. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

(a) IN GENERAL.—Nothing in this subtitle affects the authority 

of a Federal agency to provide technical or financial assistance 

under any other law. 

(b) CONSULTATION AND COORDINATION.—The head of any Federal agency planning to conduct activities that may have an impact 

on a National Heritage Area is encouraged to consult and coordinate 

the activities with the Secretary and the local coordinating entity 

to the maximum extent practicable. 

(c) OTHER FEDERAL AGENCIES.—Nothing in this subtitle— 

(1) modifies, alters, or amends any law or regulation 

authorizing a Federal agency to manage Federal land under 

the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to 

implement an approved land use plan within the boundaries 

of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

SEC. 408. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle— 

(1) abridges the rights of any property owner (whether 

public or private), including the right to refrain from participating in any plan, project, program, or activity conducted 

within the National Heritage Area; 

(2) requires any property owner to permit public access 

(including access by Federal, State, Tribal, or local agencies) 

to the property of the property owner, or to modify public 

access or use of property of the property owner under any 

other Federal, State, Tribal, or local law; 

(3) alters any duly adopted land use regulation, approved 

land use plan, or other regulatory authority (such as the 

authority to make safety improvements or increase the capacity 

of existing roads or to construct new roads) of any Federal, 

State, Tribal, or local agency, or conveys any land use or 

other regulatory authority to any local coordinating entity, 

including but not necessarily limited to development and 

management of energy or water or water-related infrastructure; 

(4) authorizes or implies the reservation or appropriation 

of water or water rights; 

(5) diminishes the authority of the State to manage fish 

and wildlife, including the regulation of fishing and hunting 

within the National Heritage Area; or 


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(6) creates any liability, or affects any liability under any 

other law, of any private property owner with respect to any 

person injured on the private property. 

SEC. 409. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Subject to subsection 

(b), there are authorized to be appropriated to carry out this subtitle 

not more than $1,000,000 for any fiscal year. Funds so appropriated 

shall remain available until expended. 

(b) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not more 

than $15,000,000 may be appropriated to carry out this subtitle. 

(c) COST-SHARING REQUIREMENT.—The Federal share of the 

total cost of any activity under this subtitle shall be not more 

than 50 percent; the non-Federal contribution may be in the form 

of in-kind contributions of goods or services fairly valued. 

SEC. 410. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating 

entity from using Federal funds available under other laws for 

the purposes for which those funds were authorized. 

SEC. 411. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance 

under this subtitle terminates on the date that is 15 years after 

the date of enactment of this subtitle. 

Subtitle B—Niagara Falls National 

Heritage Area 

SEC. 421. PURPOSES. 

The purposes of this subtitle include— 

(1) to recognize the national importance of the natural 

and cultural legacies of the area, as demonstrated in the 

National Park Service study report entitled ‘‘Niagara National 

Heritage Area Study’’ dated 2005; 

(2) to preserve, support, conserve, and interpret the natural, scenic, cultural, and historic resources within the National 

Heritage Area; 

(3) to promote heritage, cultural, and recreational tourism 

and to develop educational and cultural programs for visitors 

and the general public; 

(4) to recognize and interpret important events and 

geographic locations representing key developments in American history and culture, including Native American, Colonial 

American, European American, and African American heritage; 

(5) to enhance a cooperative management framework to 

assist State, local, and Tribal governments, the private sector, 

and citizens residing in the National Heritage Area in conserving, supporting, enhancing, and interpreting the significant 

historic, cultural, and recreational sites in the National Heritage Area; 

(6) to conserve and interpret the history of the development 

of hydroelectric power in the United States and its role in 

developing the American economy; and 

(7) to provide appropriate linkages among units of the 

National Park System within and surrounding the National 

New York. 

16 USC 461 note. 


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Heritage Area, to protect, enhance, and interpret resources 

outside of park boundaries. 

SEC. 422. DEFINITIONS. 

In this subtitle: 

(1) COMMISSION.—The term ‘‘Commission’’ means the 

Niagara Falls National Heritage Area Commission established 

under this subtitle. 

(2) GOVERNOR.—The term ‘‘Governor’’ means the Governor 

of the State of New York. 

(3) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for the 

National Heritage Area designated pursuant to this subtitle. 

(4) MANAGEMENT PLAN.—The term ‘‘management plan’’ 

means the plan prepared by the local coordinating entity for 

the National Heritage Area that specifies actions, policies, 

strategies, performance goals, and recommendations to meet 

the goals of the National Heritage Area, in accordance with 

this subtitle. 

(5) NATIONAL HERITAGE AREA.—The term ‘‘National Heritage Area’’ means the Niagara Falls National Heritage Area 

established in this subtitle. 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

SEC. 423. DESIGNATION OF THE NIAGARA FALLS NATIONAL HERITAGE 

AREA. 

(a) ESTABLISHMENT.—There is hereby established the Niagara 

Falls National Heritage Area. 

(b) BOUNDARIES.— 

(1) IN GENERAL.—The National Heritage Area shall consist 

of the area from the western boundary of the town of Wheatfield, New York, extending to the mouth of the Niagara River 

on Lake Ontario, including the city of Niagara Falls, New 

York, the villages of Youngstown and Lewiston, New York, 

land and water within the boundaries of the Heritage Area 

in Niagara County, New York, and any additional thematically 

related sites within Erie and Niagara Counties, New York, 

that are identified in the management plan developed under 

this subtitle. 

(2) MAP.—The boundaries of the National Heritage Area 

shall be as generally depicted on the map titled ‘‘Niagara Falls 

National Heritage Area,’’ and numbered P76/80,000 and dated 

July, 2006. The map shall be on file and available to the 

public in the appropriate offices of the National Park Service 

and the local coordinating entity. 

SEC. 424. MANAGEMENT PLAN. 

(a) REQUIREMENTS.—The management plan for the National 

Heritage Area shall— 

(1) describe comprehensive policies, goals, strategies, and 

recommendations for telling the story of the heritage of the 

area covered by the National Heritage Area and encouraging 

long-term resource protection, enhancement, interpretation, 

funding, management, and development of the National Heritage Area; 


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(2) include a description of actions and commitments that 

Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, 

fund, manage, and develop the natural, historical, cultural, 

educational, scenic, and recreational resources of the National 

Heritage Area; 

(3) specify existing and potential sources of funding or 

economic development strategies to protect, enhance, interpret, 

fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, 

educational, scenic, and recreational resources of the National 

Heritage Area related to the national importance and themes 

of the National Heritage Area that should be protected, 

enhanced, interpreted, managed, funded, and developed; 

(5) recommend policies and strategies for resource management, including the development of intergovernmental and 

interagency agreements to protect, enhance, interpret, fund, 

manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National 

Heritage Area; 

(6) describe a program for implementation for the management plan, including— 

(A) performance goals; 

(B) plans for resource protection, enhancement, 

interpretation, funding, management, and development; 

and 

(C) specific commitments for implementation that have 

been made by the local coordinating entity or any Federal, 

State, Tribal, or local government agency, organization, 

business, or individual; 

(7) include an analysis of, and recommendations for, means 

by which Federal, State, Tribal, and local programs may best 

be coordinated (including the role of the National Park Service 

and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and 

(8) include a business plan that— 

(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the 

major activities contained in the management plan; and 

(B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other 

resources necessary to implement the management plan 

for the National Heritage Area. 

(b) DEADLINE.— 

(1) IN GENERAL.—Not later than 3 years after the date 

on which funds are first made available to develop the management plan after designation as a National Heritage Area, the 

local coordinating entity shall submit the management plan 

to the Secretary for approval. 

(2) TERMINATION OF FUNDING.—If the management plan 

is not submitted to the Secretary in accordance with paragraph 

(1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time 

as the management plan is submitted to and approved by 

the Secretary. 

(c) APPROVAL OF MANAGEMENT PLAN.— 

Recommendations. 


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(1) REVIEW.—Not later than 180 days after receiving the 

plan, the Secretary shall review and approve or disapprove 

the management plan for a National Heritage Area on the 

basis of the criteria established under paragraph (3). 

(2) CONSULTATION.—The Secretary shall consult with the 

Governor before approving a management plan for the National 

Heritage Area. 

(3) CRITERIA FOR APPROVAL.—In determining whether to 

approve a management plan for a National Heritage Area, 

the Secretary shall consider whether— 

(A) the local coordinating entity represents the diverse 

interests of the National Heritage Area, including Federal, 

State, Tribal, and local governments, natural and historic 

resource protection organizations, educational institutions, 

businesses, recreational organizations, community residents, and private property owners; 

(B) the local coordinating entity— 

(i) has afforded adequate opportunity for public 

and Federal, State, Tribal, and local governmental 

involvement (including through workshops and 

hearings) in the preparation of the management plan; 

and 

(ii) provides for at least semiannual public 

meetings to ensure adequate implementation of the 

management plan; 

(C) the resource protection, enhancement, interpretation, funding, management, and development strategies 

described in the management plan, if implemented, would 

adequately protect, enhance, interpret, fund, manage, and 

develop the natural, historic, cultural, educational, scenic, 

and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect 

any activities authorized on Federal land under public 

land laws or land use plans; 

(E) the local coordinating entity has demonstrated the 

financial capability, in partnership with others, to carry 

out the plan; 

(F) the Secretary has received adequate assurances 

from the appropriate State, Tribal, and local officials whose 

support is needed to ensure the effective implementation 

of the State, Tribal, and local elements of the management 

plan; and 

(G) the management plan demonstrates partnerships 

among the local coordinating entity, Federal, State, Tribal, 

and local governments, regional planning organizations, 

nonprofit organizations, or private sector parties for 

implementation of the management plan. 

(4) DISAPPROVAL.— 

(A) IN GENERAL.—If the Secretary disapproves the 

management plan, the Secretary— 

(i) shall advise the local coordinating entity in 

writing of the reasons for the disapproval; and 

(ii) may make recommendations to the local coordinating entity for revisions to the management plan. 

(B) DEADLINE.—Not later than 180 days after receiving 

a revised management plan, the Secretary shall approve 

or disapprove the revised management plan. 

Deadline. 


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(5) AMENDMENTS.— (A) IN GENERAL.—An amendment to the management 

plan that substantially alters the purposes of the National 

Heritage Area shall be reviewed by the Secretary and 

approved or disapproved in the same manner as the 

original management plan. 

(B) IMPLEMENTATION.—The local coordinating entity 

shall not use Federal funds authorized by this subtitle 

to implement an amendment to the management plan until 

the Secretary approves the amendment. 

(6) AUTHORITIES.—The Secretary may— 

(A) provide technical assistance under the authority 

of this subtitle for the development and implementation 

of the management plan; and 

(B) enter into cooperative agreements with interested 

parties to carry out this subtitle. 

SEC. 425. EVALUATION; REPORT. 

(a) IN GENERAL.—Not later than 3 years before the date on 

which authority for Federal funding terminates for the National 

Heritage Area under this subtitle the Secretary shall— 

(1) conduct an evaluation of the accomplishments of the 

National Heritage Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection 

(a)(1) shall— 

(1) assess the progress of the local coordinating entity 

with respect to— 

(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved 

management plan for the National Heritage Area; 

(2) analyze the Federal, State, Tribal, and local, and private 

investments in the National Heritage Area to determine the 

impact of the investments; and 

(3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes 

of identifying the critical components for sustainability of the 

National Heritage Area. 

(c) REPORT.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee 

on Natural Resources of the United States House of Representatives 

and the Committee on Energy and Natural Resources of the United 

States Senate. The report shall include recommendations for the 

future role of the National Park Service, if any, with respect to 

the National Heritage Area. 

SEC. 426. LOCAL COORDINATING ENTITY. 

(a) DESIGNATION.—The local coordinating entity for the Heritage Area shall be— 

(1) for the 5-year period beginning on the date of enactment 

of this subtitle, the Commission; and 

(2) on expiration of the 5-year period described in paragraph (1), a private nonprofit or governmental organization 

designated by the Commission. 

(b) DUTIES.—To further the purposes of the National Heritage 

Area, the local coordinating entity, shall— 

Effective dates. 


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(1) prepare a management plan for the National Heritage 

Area, and submit the management plan to the Secretary, in 

accordance with this subtitle; 

(2) submit an annual report to the Secretary for each 

fiscal year for which the local coordinating entity receives Federal funds under this subtitle, specifying— 

(A) the specific performance goals and accomplishments 

of the local coordinating entity; 

(B) the expenses and income of the local coordinating 

entity; 

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and 

sources of the leveraging; and 

(E) grants made to any other entities during the fiscal 

year; 

(3) make available for audit for each fiscal year for which 

the local coordinating entity receives Federal funds under this 

subtitle, all information pertaining to the expenditure of the 

funds and any matching funds; 

(4) encourage economic viability and sustainability that 

is consistent with the purposes of the National Heritage Area; 

and 

(5) coordinate projects, activities, and programs with the 

Erie Canalway National Heritage Corridor. 

(c) AUTHORITIES.—For the purposes of preparing and implementing the approved management plan for the National Heritage 

Area, the local coordinating entity may use Federal funds made 

available under this subtitle to— 

(1) make grants to political jurisdictions, nonprofit 

organizations, and other parties within the National Heritage 

Area; 

(2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals with 

expertise in— 

(A) natural, historical, cultural, educational, scenic, 

and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including 

other Federal programs; 

(5) contract for goods or services; and 

(6) support activities of partners and any other activities 

that further the purposes of the National Heritage Area and 

are consistent with the approved management plan. 

(d) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The local 

coordinating entity may not use Federal funds authorized under 

this subtitle to acquire any interest in real property. 

SEC. 427. NIAGARA FALLS HERITAGE AREA COMMISSION. 

(a) ESTABLISHMENT.—There is established within the Department of the Interior the Niagara Falls National Heritage Area 

Commission. 

(b) MEMBERSHIP.—The Commission shall be composed of 17 

members, of whom— 

Reports. 

Plan. 


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(1) 1 member shall be the Director of the National Park 

Service (or a designee); 

(2) 5 members shall be appointed by the Secretary, after 

consideration of the recommendation of the Governor, from 

among individuals with knowledge and experience of— 

(A) the New York State Office of Parks, Recreation 

and Historic Preservation, the Niagara River Greenway 

Commission, the New York Power Authority, the USA 

Niagara Development Corporation, and the Niagara 

Tourism and Convention Corporation; or 

(B) any successors of the agencies described in subparagraph (A); 

(3) 1 member shall be appointed by the Secretary, after 

consideration of the recommendation of the mayor of Niagara 

Falls, New York; 

(4) 1 member shall be appointed by the Secretary, after 

consideration of the recommendation of the mayor of the village 

of Youngstown, New York; 

(5) 1 member shall be appointed by the Secretary, after 

consideration of the recommendation of the mayor of the village 

of Lewiston, New York; 

(6) 1 member shall be appointed by the Secretary, after 

consideration of the recommendation of the Tuscarora Nation; 

(7) 1 member shall be appointed by the Secretary, after 

consideration of the recommendation of the Seneca Nation of 

Indians; and 

(8) 6 members shall be individuals who have an interest 

in, support for, and expertise appropriate to tourism, regional 

planning, history and historic preservation, cultural or natural 

resource management, conservation, recreation, and education, 

or museum services, of whom— 

(A) 4 members shall be appointed by the Secretary, 

after consideration of the recommendation of the 2 members of the Senate from the State; and 

(B) 2 members shall be appointed by the Secretary, 

after consideration of the recommendation of the Member 

of the House of Representatives whose district encompasses 

the National Heritage Area. 

(c) TERMS; VACANCIES.— 

(1) TERM.—A member of the Commission shall be appointed 

for a term not to exceed 5 years. 

(2) VACANCIES.— 

(A) PARTIAL TERM.—A member appointed to fill a 

vacancy on the Commission shall serve for the remainder 

of the term for which the predecessor of the member was 

appointed. 

(B) IN GENERAL.—A vacancy on the Commission shall 

be filled in the same manner as the original appointment 

was made. 

(d) CHAIRPERSON AND VICE CHAIRPERSON.— 

(1) SELECTION.—The Commission shall select a Chairperson 

and Vice Chairperson from among the members of the Commission. 

(2) VICE CHAIRPERSON.—The Vice Chairperson shall serve 

as the Chairperson in the absence of the Chairperson. 

(e) QUORUM.— 


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(1) IN GENERAL.—A majority of the members of the 

Commission shall constitute a quorum. 

(2) TRANSACTION.—For the transaction of any business or 

the exercise of any power of the Commission, the Commission 

shall have the power to act by a majority vote of the members 

present at any meeting at which a quorum is in attendance. 

(f) MEETINGS.— 

(1) IN GENERAL.—The Commission shall meet at least quarterly at the call of— 

(A) the Chairperson; or 

(B) a majority of the members of the Commission. 

(2) NOTICE.—Notice of Commission meetings and agendas 

for the meetings shall be published in local newspapers that 

are distributed throughout the National Heritage Area. 

(3) APPLICABLE LAW.—Meetings of the Commission shall 

be subject to section 552b of title 5, United States Code. 

(g) AUTHORITIES OF THE COMMISSION.—In addition to the 

authorities otherwise granted in this subtitle, the Commission 

may— 

(1) request and accept from the head of any Federal agency, 

on a reimbursable or non-reimbursable basis, any personnel 

of the Federal agency to the Commission to assist in carrying 

out the duties of the Commission; 

(2) request and accept from the head of any State agency 

or any agency of a political subdivision of the State, on a 

reimbursable or nonreimbursable basis, any personnel of the 

agency to the Commission to assist in carrying out the duties 

of the Commission; 

(3) seek, accept, and dispose of gifts, bequests, grants, 

or donations of money, personal property, or services; and 

(4) use the United States mails in the same manner as 

other agencies of the Federal Government. 

(h) DUTIES OF THE COMMISSION.—To further the purposes of 

the National Heritage Area, in addition to the duties otherwise 

listed in this subtitle, the Commission shall assist in the transition 

of the management of the National Heritage Area from the Commission to the local coordinating entity designated under this subtitle. 

(i) COMPENSATION OF MEMBERS.— 

(1) IN GENERAL.—A member of the Commission shall serve 

without compensation. 

(2) TRAVEL EXPENSES.—A member of the Commission shall 

be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under 

subchapter I of chapter 57 of title 5, United States Code, 

while away from the home or regular place of business of 

the member in the performance of the duties of the Commission. 

(j) GIFTS.—For purposes of section 170(c) of the Internal Revenue Code of 1986, any gift or charitable contribution to the 

Commission shall be considered to be a charitable contribution 

or gift to the United States. 

(k) USE OF FEDERAL FUNDS.—Except as provided for the leasing 

of administrative facilities under subsection (g)(1), the Commission 

may not use Federal funds made available to the Commission 

under this subtitle to acquire any real property or interest in 

real property. 


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SEC. 428. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

(a) IN GENERAL.—Nothing in this subtitle affects the authority 

of a Federal agency to provide technical or financial assistance 

under any other law. 

(b) CONSULTATION AND COORDINATION.—The head of any Federal agency planning to conduct activities that may have an impact 

on a National Heritage Area is encouraged to consult and coordinate 

the activities with the Secretary and the local coordinating entity 

to the maximum extent practicable. 

(c) OTHER FEDERAL AGENCIES.—Nothing in this subtitle— 

(1) modifies, alters, or amends any law or regulation 

authorizing a Federal agency to manage Federal land under 

the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to 

implement an approved land use plan within the boundaries 

of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

SEC. 429. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle— 

(1) abridges the rights of any property owner (whether 

public or private), including the right to refrain from participating in any plan, project, program, or activity conducted 

within the National Heritage Area; 

(2) requires any property owner to permit public access 

(including access by Federal, State, Tribal, or local agencies) 

to the property of the property owner, or to modify public 

access or use of property of the property owner under any 

other Federal, State, Tribal, or local law; 

(3) alters any duly adopted land use regulation, approved 

land use plan, or other regulatory authority of any Federal, 

State, Tribal, or local agency, or conveys any land use or 

other regulatory authority to any local coordinating entity, 

including but not necessarily limited to development and 

management of energy, water, or water-related infrastructure; 

(4) authorizes or implies the reservation or appropriation 

of water or water rights; 

(5) diminishes the authority of the State to manage fish 

and wildlife, including the regulation of fishing and hunting 

within the National Heritage Area; or 

(6) creates any liability, or affects any liability under any 

other law, of any private property owner with respect to any 

person injured on the private property. 

SEC. 430. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Subject to subsection 

(b), there are authorized to be appropriated to carry out this subtitle 

not more than $1,000,000 for any fiscal year. Funds so appropriated 

shall remain available until expended. 

(b) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not more 

than $15,000,000 may be appropriated to carry out this subtitle. 

(c) COST-SHARING REQUIREMENT.—The Federal share of the 

total cost of any activity under this subtitle shall be not more 

than 50 percent; the non-Federal contribution may be in the form 

of in-kind contributions of goods or services fairly valued. 


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SEC. 431. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating 

entity from using Federal funds available under other laws for 

the purposes for which those funds were authorized. 

SEC. 432. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance 

under this subtitle terminates on the date that is 15 years after 

the date of enactment of this Act. 

Subtitle C—Abraham Lincoln National 

Heritage Area 

SEC. 441. PURPOSES. 

The purposes of this subtitle include— 

(1) to recognize the significant natural and cultural legacies 

of the area, as demonstrated in the study entitled ‘‘Feasibility 

Study of the Proposed Abraham Lincoln National Heritage 

Area’’ prepared for the Looking for Lincoln Heritage Coalition 

in 2002 and revised in 2007; 

(2) to promote heritage, cultural and recreational tourism 

and to develop educational and cultural programs for visitors 

and the general public; 

(3) to recognize and interpret important events and 

geographic locations representing key periods in the growth 

of America, including Native American, Colonial American, 

European American, and African American heritage; 

(4) to recognize and interpret the distinctive role the region 

played in shaping the man who would become the 16th President of the United States, and how Abraham Lincoln’s life 

left its traces in the stories, folklore, buildings, streetscapes, 

and landscapes of the region; 

(5) to provide a cooperative management framework to 

foster a close working relationship with all levels of government, 

the private sector, and the local communities in the region 

in identifying, preserving, interpreting, and developing the 

historical, cultural, scenic, and natural resources of the region 

for the educational and inspirational benefit of current and 

future generations; and 

(6) to provide appropriate linkages between units of the 

National Park System and communities, governments, and 

organizations within the Heritage Area. 

SEC. 442. DEFINITIONS. 

In this subtitle: 

(1) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Looking for Lincoln Heritage Coalition, which is hereby designated by Congress— 

(A) to develop, in partnership with others, the management plan for the National Heritage Area; and 

(B) to act as a catalyst for the implementation of 

projects and programs among diverse partners in the 

National Heritage Area. 

(2) MANAGEMENT PLAN.—The term ‘‘management plan’’ 

means the plan prepared by the local coordinating entity for 

the National Heritage Area that specifies actions, policies, 

Illinois. 

16 USC 461 note. 


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strategies, performance goals, and recommendations to meet 

the goals of the National Heritage Area, in accordance with 

this subtitle. 

(3) NATIONAL HERITAGE AREA.—The term ‘‘National Heritage Area’’ means the Abraham Lincoln National Heritage Area 

established in this subtitle. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

SEC. 443. DESIGNATION OF ABRAHAM LINCOLN NATIONAL HERITAGE 

AREA. 

(a) ESTABLISHMENT.—There is hereby established the Abraham 

Lincoln National Heritage Area. 

(b) BOUNDARIES.— (1) IN GENERAL.—The National Heritage Area shall consist 

of sites as designated by the management plan within a core 

area located in Central Illinois, consisting of Adams, Brown, 

Calhoun, Cass, Champaign, Christian, Clark, Coles, Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton, Greene, Hancock, Henderson, Jersey, Knox, LaSalle, Logan, Macon, 

Macoupin, Madison, Mason, McDonough, McLean, Menard, 

Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon, 

Schuyler, Scott, Shelby, Tazewell, Vermillion, Warren and 

Woodford counties. 

(2) MAP.—The boundaries of the National Heritage Area 

shall be as generally depicted on the map titled ‘‘Proposed 

Abraham Lincoln National Heritage Area’’, and numbered 338/ 

80,000, and dated July 2007. The map shall be on file and 

available to the public in the appropriate offices of the National 

Park Service and the local coordinating entity. 

SEC. 444. MANAGEMENT PLAN. 

(a) REQUIREMENTS.—The management plan for the National 

Heritage Area shall— 

(1) describe comprehensive policies, goals, strategies, and 

recommendations for telling the story of the heritage of the 

area covered by the National Heritage Area and encouraging 

long-term resource protection, enhancement, interpretation, 

funding, management, and development of the National Heritage Area; 

(2) include a description of actions and commitments that 

Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, 

fund, manage, and develop the natural, historical, cultural, 

educational, scenic, and recreational resources of the National 

Heritage Area; 

(3) specify existing and potential sources of funding or 

economic development strategies to protect, enhance, interpret, 

fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, 

educational, scenic, and recreational resources of the National 

Heritage Area related to the national importance and themes 

of the National Heritage Area that should be protected, 

enhanced, interpreted, managed, funded, and developed; 

(5) recommend policies and strategies for resource management, including the development of intergovernmental and 

interagency agreements to protect, enhance, interpret, fund, 

Recommendations. 


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manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National 

Heritage Area; 

(6) describe a program for implementation for the management plan, including— 

(A) performance goals; 

(B) plans for resource protection, enhancement, 

interpretation, funding, management, and development; 

and 

(C) specific commitments for implementation that have 

been made by the local coordinating entity or any Federal, 

State, Tribal, or local government agency, organization, 

business, or individual; 

(7) include an analysis of, and recommendations for, means 

by which Federal, State, Tribal, and local programs may best 

be coordinated (including the role of the National Park Service 

and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and 

(8) include a business plan that— 

(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the 

major activities contained in the management plan; and 

(B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other 

resources necessary to implement the management plan 

for the National Heritage Area. 

(b) DEADLINE.— 

(1) IN GENERAL.—Not later than 3 years after the date 

on which funds are first made available to develop the management plan after designation as a National Heritage Area, the 

local coordinating entity shall submit the management plan 

to the Secretary for approval. 

(2) TERMINATION OF FUNDING.—If the management plan 

is not submitted to the Secretary in accordance with paragraph 

(1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time 

as the management plan is submitted to and approved by 

the Secretary. 

(c) APPROVAL OF MANAGEMENT PLAN.— 

(1) REVIEW.—Not later than 180 days after receiving the 

plan, the Secretary shall review and approve or disapprove 

the management plan for a National Heritage Area on the 

basis of the criteria established under paragraph (3). 

(2) CONSULTATION.—The Secretary shall consult with the 

Governor of each State in which the National Heritage Area 

is located before approving a management plan for the National 

Heritage Area. 

(3) CRITERIA FOR APPROVAL.—In determining whether to 

approve a management plan for a National Heritage Area, 

the Secretary shall consider whether— 

(A) the local coordinating entity represents the diverse 

interests of the National Heritage Area, including Federal, 

State, Tribal, and local governments, natural, and historic 

resource protection organizations, educational institutions, 

businesses, recreational organizations, community residents, and private property owners; 

(B) the local coordinating entity— 

Deadline. 


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(i) has afforded adequate opportunity for public 

and Federal, State, Tribal, and local governmental 

involvement (including through workshops and 

hearings) in the preparation of the management plan; 

and 

(ii) provides for at least semiannual public 

meetings to ensure adequate implementation of the 

management plan; 

(C) the resource protection, enhancement, interpretation, funding, management, and development strategies 

described in the management plan, if implemented, would 

adequately protect, enhance, interpret, fund, manage, and 

develop the natural, historic, cultural, educational, scenic, 

and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect 

any activities authorized on Federal land under public 

land laws or land use plans; 

(E) the local coordinating entity has demonstrated the 

financial capability, in partnership with others, to carry 

out the plan; 

(F) the Secretary has received adequate assurances 

from the appropriate State, Tribal, and local officials whose 

support is needed to ensure the effective implementation 

of the State, Tribal, and local elements of the management 

plan; and 

(G) the management plan demonstrates partnerships 

among the local coordinating entity, Federal, State, Tribal, 

and local governments, regional planning organizations, 

nonprofit organizations, or private sector parties for 

implementation of the management plan. 

(4) DISAPPROVAL.— 

(A) IN GENERAL.—If the Secretary disapproves the 

management plan, the Secretary— 

(i) shall advise the local coordinating entity in 

writing of the reasons for the disapproval; and 

(ii) may make recommendations to the local coordinating entity for revisions to the management plan. 

(B) DEADLINE.—Not later than 180 days after receiving 

a revised management plan, the Secretary shall approve 

or disapprove the revised management plan. 

(5) AMENDMENTS.— 

(A) IN GENERAL.—An amendment to the management 

plan that substantially alters the purposes of the National 

Heritage Area shall be reviewed by the Secretary and 

approved or disapproved in the same manner as the 

original management plan. 

(B) IMPLEMENTATION.—The local coordinating entity 

shall not use Federal funds authorized by this subtitle 

to implement an amendment to the management plan until 

the Secretary approves the amendment. 

(6) AUTHORITIES.—The Secretary may— 

(A) provide technical assistance under the authority 

of this subtitle for the development and implementation 

of the management plan; and 

(B) enter into cooperative agreements with interested 

parties to carry out this subtitle. 


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SEC. 445. EVALUATION; REPORT. 

(a) IN GENERAL.—Not later than 3 years before the date on 

which authority for Federal funding terminates for the National 

Heritage Area under this subtitle, the Secretary shall— 

(1) conduct an evaluation of the accomplishments of the 

National Heritage Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection 

(a)(1) shall— 

(1) assess the progress of the local coordinating entity 

with respect to— 

(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved 

management plan for the National Heritage Area; 

(2) analyze the Federal, State, Tribal, and local, and private 

investments in the National Heritage Area to determine the 

impact of the investments; and 

(3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes 

of identifying the critical components for sustainability of the 

National Heritage Area. 

(c) REPORT.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee 

on Natural Resources of the United States House of Representatives 

and the Committee on Energy and Natural Resources of the United 

States Senate. The report shall include recommendations for the 

future role of the National Park Service, if any, with respect to 

the National Heritage Area. 

SEC. 446. LOCAL COORDINATING ENTITY. 

(a) DUTIES.—To further the purposes of the National Heritage 

Area, the Looking for Lincoln Heritage Coalition, as the local coordinating entity, shall— 

(1) prepare a management plan for the National Heritage 

Area, and submit the management plan to the Secretary, in 

accordance with this subtitle; 

(2) submit an annual report to the secretary for each fiscal 

year for which the local coordinating entity receives Federal 

funds under this subtitle, specifying— 

(A) the specific performance goals and accomplishments 

of the local coordinating entity; 

(B) the expenses and income of the local coordinating 

entity; 

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and 

sources of the leveraging; and 

(E) grants made to any other entities during the fiscal 

year; 

(3) make available for audit for each fiscal year for which 

the local coordinating entity receives Federal funds under this 

subtitle, all information pertaining to the expenditure of the 

funds and any matching funds; and 

(4) encourage economic viability and sustainability that 

is consistent with the purposes of the National Heritage Area. 

(b) AUTHORITIES.—For the purposes of preparing and implementing the approved management plan for the National Heritage 


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Area, the local coordinating entity may use Federal funds made 

available under this subtitle to— 

(1) make grants to political jurisdictions, nonprofit 

organizations, and other parties within the National Heritage 

Area; 

(2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals with 

expertise in— 

(A) natural, historical, cultural, educational, scenic, 

and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including 

other Federal programs; 

(5) contract for goods or services; and 

(6) support activities of partners and any other activities 

that further the purposes of the National Heritage Area and 

are consistent with the approved management plan. 

(c) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The local 

coordinating entity may not use Federal funds authorized under 

this subtitle to acquire any interest in real property. 

SEC. 447. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

(a) IN GENERAL.—Nothing in this subtitle affects the authority 

of a Federal agency to provide technical or financial assistance 

under any other law. 

(b) CONSULTATION AND COORDINATION.—The head of any Federal agency planning to conduct activities that may have an impact 

on a National Heritage Area is encouraged to consult and coordinate 

the activities with the Secretary and the local coordinating entity 

to the maximum extent practicable. 

(c) OTHER FEDERAL AGENCIES.—Nothing in this subtitle— 

(1) modifies, alters, or amends any law or regulation 

authorizing a Federal agency to manage Federal land under 

the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to 

implement an approved land use plan within the boundaries 

of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 

SEC. 448. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle— 

(1) abridges the rights of any property owner (whether 

public or private), including the right to refrain from participating in any plan, project, program, or activity conducted 

within the National Heritage Area; 

(2) requires any property owner to permit public access 

(including access by Federal, State, Tribal, or local agencies) 

to the property of the property owner, or to modify public 

access or use of property of the property owner under any 

other Federal, State, Tribal, or local law; 

(3) alters any duly adopted land use regulation, approved 

land use plan, or other regulatory authority of any Federal, 

State, Tribal, or local agency, or conveys any land use or 

other regulatory authority to any local coordinating entity, 


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including but not necessarily limited to development and 

management of energy, water, or water-related infrastructure; 

(4) authorizes or implies the reservation or appropriation 

of water or water rights; 

(5) diminishes the authority of the State to manage fish 

and wildlife, including the regulation of fishing and hunting 

within the National Heritage Area; or 

(6) creates any liability, or affects any liability under any 

other law, of any private property owner with respect to any 

person injured on the private property. 

SEC. 449. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Subject to subsection 

(b), there are authorized to be appropriated to carry out this subtitle 

not more than $1,000,000 for any fiscal year. Funds so appropriated 

shall remain available until expended. 

(b) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not more 

than $15,000,000 may be appropriated to carry out this subtitle. 

(c) COST-SHARING REQUIREMENT.—The Federal share of the 

total cost of any activity under this subtitle shall be not more 

than 50 percent; the non-Federal contribution may be in the form 

of in-kind contributions of goods or services fairly valued. 

SEC. 450. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating 

entity from using Federal funds available under other laws for 

the purposes for which those funds were authorized. 

SEC. 451. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance 

under this subtitle terminates on the date that is 15 years after 

the date of the enactment of this subtitle. 

Subtitle D—Authorization Extensions and 

Viability Studies 

SEC. 461. EXTENSIONS OF AUTHORIZED APPROPRIATIONS. 

Division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333; 16 U.S.C. 461 note) is 

amended in each of sections 108(a), 209(a), 311(a), 409(a), 508(a), 

608(a), 708(a), 810(a) (as redesignated by section 474(9)), and 909(c), 

by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

SEC. 462. EVALUATION AND REPORT. 

(a) IN GENERAL.—For the nine National Heritage Areas authorized in Division II of the Omnibus Parks and Public Lands Management Act of 1996, not later than 3 years before the date on which 

authority for Federal funding terminates for each National Heritage 

Area, the Secretary shall— 

(1) conduct an evaluation of the accomplishments of the 

National Heritage Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection 

(a)(1) shall— 

(1) assess the progress of the local management entity 

with respect to— 

16 USC 461 note. 


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(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved 

management plan for the National Heritage Area; 

(2) analyze the investments of Federal, State, Tribal, and 

local government and private entities in each National Heritage 

Area to determine the impact of the investments; and 

(3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes 

of identifying the critical components for sustainability of the 

National Heritage Area. 

(c) REPORT.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee 

on Natural Resources of the United States House of Representatives 

and the Committee on Energy and Natural Resources of the Senate. 

The report shall include recommendations for the future role of 

the National Park Service, if any, with respect to the National 

Heritage Area. 

Subtitle E—Technical Corrections and 

Additions 

SEC. 471. NATIONAL COAL HERITAGE AREA TECHNICAL CORRECTIONS. 

Title I of Division II of the Omnibus Parks and Public Lands 

Management Act of 1996 (Public Law 104–333 as amended by 

Public Law 106–176 and Public Law 109–338) is amended— 

(1) by striking section 103(b) and inserting the following: 

‘‘(b) BOUNDARIES.—The National Coal Heritage Area shall be 

comprised of Lincoln County, West Virginia, and Paint Creek and 

Cabin Creek within Kanawah County, West Virginia, and the counties that are the subject of the study by the National Park Service, 

dated 1993, entitled ‘A Coal Mining Heritage Study: Southern West 

Virginia’ conducted pursuant to title VI of Public Law 100–699.’’; 

(2) by striking section 105 and inserting the following: 

‘‘SEC. 105. ELIGIBLE RESOURCES. 

‘‘(a) IN GENERAL.—The resources eligible for the assistance 

under section 104 shall include— 

‘‘(1) resources in Lincoln County, West Virginia, and Paint 

Creek and Cabin Creek in Kanawah County, West Virginia, 

as determined to be appropriate by the National Coal Heritage 

Area Authority; and 

‘‘(2) the resources set forth in appendix D of the study 

by the National Park Service, dated 1993, entitled ‘A Coal 

Mining Heritage Study: Southern West Virginia’ conducted 

pursuant to title VI of Public Law 100–699. 

‘‘(b) PRIORITY.—Priority consideration shall be given to those 

sites listed as ‘Conservation Priorities’ and ‘Important Historic 

Resources’ as depicted on the map entitled ‘Study Area: Historic 

Resources’ in such study.’’; 

(3) in section 106(a)— 

(A) by striking ‘‘Governor’’ and all that follows through 

‘‘Parks,’’ and inserting ‘‘National Coal Heritage Area 

Authority’’; and 

16 USC 461 note. 


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(B) in paragraph (3), by striking ‘‘State of West Virginia’’ and all that follows through ‘‘entities, or’’ and 

inserting ‘‘National Coal Heritage Area Authority or’’; and 

(4) in section 106(b), by inserting ‘‘not’’ before ‘‘meet’’. 

SEC. 472. RIVERS OF STEEL NATIONAL HERITAGE AREA ADDITION. 

Section 403(b) of title IV of Division II of the Omnibus Parks 

and Public Lands Management Act of 1996 (Public Law 104–333) 

is amended by inserting ‘‘Butler,’’ after ‘‘Beaver,’’. 

SEC. 473. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR ADDITION. 

Section 604(b)(2) of title VI of Division II of the Omnibus 

Parks and Public Lands Management Act of 1996 is amended 

by adding at the end the following new subparagraphs: 

‘‘(O) Berkeley County. 

‘‘(P) Saluda County. 

‘‘(Q) The portion of Georgetown County that is not 

part of the Gullah/Geechee Cultural Heritage Corridor.’’. 

SEC. 474. OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR 

TECHNICAL CORRECTIONS. 

Title VIII of Division II of the Omnibus Parks and Public 

Lands Management Act of 1996 (Public Law 104–333) is amended— 

(1) by striking ‘‘Canal National Heritage Corridor’’ each 

place it appears and inserting ‘‘National Heritage Canalway’’; 

(2) by striking ‘‘corridor’’ each place it appears and inserting 

‘‘canalway’’, except in references to the feasibility study and 

management plan; 

(3) in the heading of section 808(a)(3), by striking ‘‘CORRIDOR’’ and inserting ‘‘CANALWAY’’; 

(4) in the title heading, by striking ‘‘CANAL NATIONAL 

HERITAGE CORRIDOR’’ and inserting ‘‘NATIONAL 

HERITAGE CANALWAY’’; 

(5) in section 803— 

(A) by striking paragraph (2); 

(B) by redesignating paragraphs (3), (4), (5), (6), and 

(7) as paragraphs (2), (3), (4), (5), and (6), respectively; 

(C) in paragraph (2) (as redesignated by subparagraph 

(B)), by striking ‘‘808’’ and inserting ‘‘806’’; and 

(D) in paragraph (6) (as redesignated by subparagraph 

(B)), by striking ‘‘807(a)’’ and inserting ‘‘805(a)’’; 

(6) in the heading of section 804, by striking ‘‘CANAL

NATIONAL HERITAGE CORRIDOR’’ and inserting ‘‘NATIONAL

HERITAGE CANALWAY’’; 

(7) in the second sentence of section 804(b)(1), by striking 

‘‘808’’ and inserting ‘‘806’’; 

(8) by striking sections 805 and 806; 

(9) by redesignating sections 807, 808, 809, 810, 811, and 

812 as sections 805, 806, 807, 808, 809, and 810, respectively; 

(10) in section 805(c)(2) (as redesignated by paragraph 

(9)), by striking ‘‘808’’ and inserting ‘‘806’’; 

(11) in section 806 (as redesignated by paragraph (9))— 

(A) in subsection (a)(1), by striking ‘‘Committee’’ and 

inserting ‘‘Secretary’’; 

(B) in the heading of subsection (a)(1), by striking 

‘‘COMMITTEE’’ and inserting ‘‘SECRETARY’’; 

16 USC 461 note. 

16 USC 461 note. 

16 USC 461 note. 


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(C) in subsection (a)(3), in the first sentence of subparagraph (B), by striking ‘‘Committee’’ and inserting ‘‘management entity’’; 

(D) in subsection (e), by striking ‘‘807(d)(1)’’ and 

inserting ‘‘805(d)(1)’’; and 

(E) in subsection (f), by striking ‘‘807(d)(1)’’ and 

inserting ‘‘805(d)(1)’’; 

(12) in section 807 (as redesignated by paragraph (9)), 

in subsection (c) by striking ‘‘Cayohoga Valley National Recreation Area’’ and inserting ‘‘Cayohoga Valley National Park’’; 

(13) in section 808 (as redesignated by paragraph (9))— 

(A) in subsection (b), by striking ‘‘Committee or’’; and 

(B) in subsection (c), in the matter before paragraph 

(1), by striking ‘‘Committee’’ and inserting ‘‘management 

entity’’; and 

(14) in section 809 (as redesignated by paragraph (9)), 

by striking ‘‘assistance’’ and inserting ‘‘financial assistance’’. 

SEC. 475. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE EXTENSION 

OF AUTHORIZATION. 

Section 6 of Public Law 100–515 (16 U.S.C. 1244 note) is 

amended as follows: 

(1) Strike paragraph (1) of subsection (b) and insert the 

following new paragraph: 

‘‘(1) IN GENERAL.—Amounts made available under subsection (a) shall be used only for— 

‘‘(A) technical assistance; 

‘‘(B) the design and fabrication of interpretive materials, devices, and signs; and 

‘‘(C) the preparation of the strategic plan.’’. 

(2) Paragraph (3) of subsection (b) is amended by inserting 

after subparagraph (B) a new subparagraph as follows: 

‘‘(C) Notwithstanding paragraph (3)(A), funds made 

available under subsection (a) for the preparation of the 

strategic plan shall not require a non-Federal match.’’. 

(3) Subsection (c) is amended by striking ‘‘2007’’ and 

inserting ‘‘2011’’. 

Subtitle F—Studies 

SEC. 481. COLUMBIA-PACIFIC NATIONAL HERITAGE AREA STUDY. 

(a) DEFINITIONS.—In this section: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(2) STUDY AREA.—The term ‘‘study area’’ means— 

(A) the coastal areas of Clatsop and Pacific Counties 

(also known as the North Beach Peninsula); and 

(B) areas relating to Native American history, local 

history, Euro-American settlement culture, and related economic activities of the Columbia River within a corridor 

along the Columbia River eastward in Clatsop, Pacific, 

Columbia, and Wahkiakum Counties. 

(b) COLUMBIA-PACIFIC NATIONAL HERITAGE AREA STUDY.— 


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(1) IN GENERAL.—The Secretary, in consultation with the 

managers of any Federal land within the study area, appropriate State and local governmental agencies, tribal governments, and any interested organizations, shall conduct a study 

to determine the feasibility of designating the study area as 

the Columbia-Pacific National Heritage Area. 

(2) REQUIREMENTS.—The study shall include analysis, documentation, and determinations on whether the study area— 

(A) has an assemblage of natural, historic, and cultural 

resources that together represent distinctive aspects of 

American heritage worthy of recognition, conservation, 

interpretation, and continuing use, and are best managed 

through partnerships among public and private entities 

and by combining diverse and sometimes noncontiguous 

resources and active communities; 

(B) reflects traditions, customs, beliefs, and folklife 

that are a valuable part of the national story; 

(C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; 

(D) provides outstanding recreational and educational 

opportunities; 

(E) contains resources important to the identified 

theme or themes of the study area that retain a degree 

of integrity capable of supporting interpretation; 

(F) includes residents, business interests, nonprofit 

organizations, and local and State governments that are 

involved in the planning, have developed a conceptual 

financial plan that outlines the roles for all participants, 

including the Federal Government, and have demonstrated 

support for the concept of a national heritage area; 

(G) has a potential local coordinating entity to work 

in partnership with residents, business interests, nonprofit 

organizations, and local and State governments to develop 

a national heritage area consistent with continued local 

and State economic activity; and 

(H) has a conceptual boundary map that is supported 

by the public. 

(3) PRIVATE PROPERTY.—In conducting the study required 

by this subsection, the Secretary shall analyze the potential 

impact that designation of the area as a national heritage 

area is likely to have on land within the proposed area or 

bordering the proposed area that is privately owned at the 

time that the study is conducted. 

(c) REPORT.—Not later than 3 fiscal years after the date on 

which funds are made available to carry out the study, the Secretary 

shall submit to the Committee on Energy and Natural Resources 

of the Senate and the Committee on Natural Resources of the 

House of Representatives a report that describes the findings, 

conclusions, and recommendations of the Secretary with respect 

to the study. 

SEC. 482. STUDY OF SITES RELATING TO ABRAHAM LINCOLN IN KENTUCKY. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means a 

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(2) STATE.—The term ‘‘State’’ means the Commonwealth 

of Kentucky. 

(3) STUDY AREA.—The term ‘‘study area’’ means the study 

area described in subsection (b)(2). 

(b) STUDY.— (1) IN GENERAL.—The Secretary, in consultation with the 

Kentucky Historical Society, other State historical societies, 

the State Historic Preservation Officer, State tourism offices, 

and other appropriate organizations and agencies, shall conduct 

a study to assess the suitability and feasibility of designating 

the study area as a National Heritage Area in the State to 

honor Abraham Lincoln. 

(2) DESCRIPTION OF STUDY AREA.—The study area shall 

include— 

(A) Boyle, Breckinridge, Fayette, Franklin, Hardin, Jefferson, Jessamine, Larue, Madison, Mercer, and Washington Counties in the State; and 

(B) the following sites in the State: 

(i) The Abraham Lincoln Birthplace National Historic Site. 

(ii) The Abraham Lincoln Boyhood Home Unit. 

(iii) Downtown Hodgenville, Kentucky, including 

the Lincoln Museum and Adolph A. Weinman statue. 

(iv) Lincoln Homestead State Park and Mordecai 

Lincoln House. 

(v) Camp Nelson Heritage Park. 

(vi) Farmington Historic Home. 

(vii) The Mary Todd Lincoln House. 

(viii) Ashland, which is the Henry Clay Estate. 

(ix) The Old State Capitol. 

(x) The Kentucky Military History Museum. 

(xi) The Thomas D. Clark Center for Kentucky 

History. 

(xii) The New State Capitol. 

(xiii) Whitehall. 

(xiv) Perryville Battlefield State Historic Site. 

(xv) The Joseph Holt House. 

(xvi) Elizabethtown, Kentucky, including the Lincoln Heritage House. 

(xvii) Lincoln Marriage Temple at Fort Harrod. 

(3) REQUIREMENTS.—The study shall include analysis, documentation, and determinations on whether the study area— 

(A) has an assemblage of natural, historic, and cultural 

resources that— 

(i) interpret— 

(I) the life of Abraham Lincoln; and 

(II) the contributions of Abraham Lincoln to 

the United States; 

(ii) represent distinctive aspects of the heritage 

of the United States; 

(iii) are worthy of recognition, conservation, 

interpretation, and continuing use; and 

(iv) would be best managed— 

(I) through partnerships among public and private entities; and 

(II) by linking diverse and sometimes noncontiguous resources and active communities; 


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(B) reflects traditions, customs, beliefs, and historical 

events that are a valuable part of the story of the United 

States; 

(C) provides— 

(i) outstanding opportunities to conserve natural, 

historic, cultural, or scenic features; and 

(ii) outstanding educational opportunities; 

(D) contains resources that— 

(i) are important to any identified themes of the 

study area; and 

(ii) retain a degree of integrity capable of supporting interpretation; 

(E) includes residents, business interests, nonprofit 

organizations, and State and local governments that— 

(i) are involved in the planning of the Heritage 

Area; 

(ii) have developed a conceptual financial plan that 

outlines the roles of all participants in the Heritage 

Area, including the Federal Government; and 

(iii) have demonstrated support for designation of 

the Heritage Area; 

(F) has a potential management entity to work in 

partnership with the individuals and entities described 

in subparagraph (E) to develop the Heritage Area while 

encouraging State and local economic activity; and 

(G) has a conceptual boundary map that is supported 

by the public. 

(c) REPORT.—Not later than the third fiscal year after the 

date on which funds are first made available to carry out this 

section, the Secretary shall submit to the Committee on Natural 

Resources of the House of Representatives and the Committee on 

Energy and Natural Resources of the Senate a report that 

describes— 

(1) the findings of the study; and 

(2) any conclusions and recommendations of the Secretary. 

TITLE V—BUREAU OF RECLAMATION 

AND UNITED STATES GEOLOGICAL 

SURVEY AUTHORIZATIONS 

SEC. 501. ALASKA WATER RESOURCES STUDY. 

(a) DEFINITIONS.—In this section: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(2) STATE.—The term ‘‘State’’ means the State of Alaska. 

(b) ALASKA WATER RESOURCES STUDY.— 

(1) STUDY.—The Secretary, acting through the Commissioner of Reclamation and the Director of the United States 

Geological Survey, where appropriate, and in accordance with 

this section and other applicable provisions of law, shall conduct 

a study that includes— 

(A) a survey of accessible water supplies, including 

aquifers, on the Kenai Peninsula and in the Municipality 

of Anchorage, the Matanuska-Susitna Borough, the city 

of Fairbanks, and the Fairbanks Northstar Borough; 


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(B) a survey of water treatment needs and technologies, 

including desalination, applicable to the water resources 

of the State; and 

(C) a review of the need for enhancement of the 

streamflow information collected by the United States 

Geological Survey in the State relating to critical water 

needs in areas such as— 

(i) infrastructure risks to State transportation; 

(ii) flood forecasting; 

(iii) resource extraction; and 

(iv) fire management. 

(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee 

on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate 

a report describing the results of the study required by paragraph (1). 

(c) SUNSET.—The authority of the Secretary to carry out any 

provisions of this section shall terminate 10 years after the date 

of enactment of this Act. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 502. RENEGOTIATION OF PAYMENT SCHEDULE, REDWOOD 

VALLEY COUNTY WATER DISTRICT. 

Section 15 of Public Law 100–516 (102 Stat. 2573) is amended— 

(1) by amending paragraph (2) of subsection (a) to read 

as follows: 

‘‘(2) If, as of January 1, 2006, the Secretary of the Interior 

and the Redwood Valley County Water District have not renegotiated the schedule of payment, the District may enter into 

such additional non-Federal obligations as are necessary to 

finance procurement of dedicated water rights and improvements necessary to store and convey those rights to provide 

for the District’s water needs. The Secretary shall reschedule 

the payments due under loans numbered 14–06–200–8423A 

and 14–06–200–8423A Amendatory and said payments shall 

commence when such additional obligations have been financially satisfied by the District. The date of the initial payment 

owed by the District to the United States shall be regarded 

as the start of the District’s repayment period and the time 

upon which any interest shall first be computed and assessed 

under section 5 of the Small Reclamation Projects Act of 1956 

(43 U.S.C. 422a et seq.).’’; and 

(2) by striking subsection (c). 

SEC. 503. AMERICAN RIVER PUMP STATION PROJECT TRANSFER. 

(a) AUTHORITY TO TRANSFER.—The Secretary of the Interior 

(hereafter in this section referred to as the ‘‘Secretary’’) shall 

transfer ownership of the American River Pump Station Project 

located at Auburn, California, which includes the Pumping Plant, 

associated facilities, and easements necessary for permanent operation of the facilities, to the Placer County Water Agency, in accordance with the terms of Contract No. 02–LC–20–7790 between the 

United States and Placer County Water Agency and the terms 

and conditions established in this section. 

California. 


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(b) FEDERAL COSTS NONREIMBURSABLE.—Federal costs associated with construction of the American River Pump Station Project 

located at Auburn, California, are nonreimbursable. 

(c) GRANT OF REAL PROPERTY INTEREST.—The Secretary is 

authorized to grant title to Placer County Water Agency as provided 

in subsection (a) in full satisfaction of the United States’ obligations 

under Land Purchase Contract 14–06–859–308 to provide a water 

supply to the Placer County Water Agency. 

(d) COMPLIANCE WITH ENVIRONMENTAL LAWS.— (1) IN GENERAL.—Before conveying land and facilities 

pursuant to this section, the Secretary shall comply with all 

applicable requirements under— 

(A) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); 

(B) the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.); and 

(C) any other law applicable to the land and facilities. 

(2) EFFECT.—Nothing in this section modifies or alters 

any obligations under— 

(A) the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.); or 

(B) the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.). 

(e) RELEASE FROM LIABILITY.—Effective on the date of transfer 

to the Placer County Water Agency of any land or facility under 

this section, the United States shall not be liable for damages 

arising out of any act, omission, or occurrence relating to the 

land and facilities, consistent with Article 9 of Contract No. 02– 

LC–20–7790 between the United States and Placer County Water 

Agency. 

SEC. 504. ARTHUR V. WATKINS DAM ENLARGEMENT. 

(a) FINDINGS.—Congress finds the following: 

(1) Arthur V. Watkins Dam is a feature of the Weber 

Basin Project, which was authorized by law on August 29, 

1949. 

(2) Increasing the height of Arthur V. Watkins Dam and 

construction of pertinent facilities may provide additional storage capacity for the development of additional water supply 

for the Weber Basin Project for uses of municipal and industrial 

water supply, flood control, fish and wildlife, and recreation. 

(b) AUTHORIZATION OF FEASIBILITY STUDY.—The Secretary of 

the Interior, acting through the Bureau of Reclamation, is authorized to conduct a feasibility study on raising the height of Arthur 

V. Watkins Dam for the development of additional storage to meet 

water supply needs within the Weber Basin Project area and the 

Wasatch Front. The feasibility study shall include such environmental evaluation as required under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) and a cost allocation 

as required under the Reclamation Project Act of 1939 (43 U.S.C. 

485 et seq.). 

(c) COST SHARES.— 

(1) FEDERAL SHARE.—The Federal share of the costs of 

the study authorized in subsection (b) shall not exceed 50 

percent of the total cost of the study. 

(2) IN-KIND CONTRIBUTIONS.—The Secretary shall accept, 

as appropriate, in-kind contributions of goods or services from 


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the Weber Basin Water Conservancy District. Such goods and 

services accepted under this subsection shall be counted as 

part of the non-Federal cost share for the study. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary $1,000,000 for the Federal 

cost share of the study authorized in subsection (b). 

(e) SUNSET.—The authority of the Secretary to carry out any 

provisions of this section shall terminate 10 years after the date 

of enactment of this Act. 

SEC. 505. NEW MEXICO WATER PLANNING ASSISTANCE. 

(a) DEFINITIONS.—In this section: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior, acting through the Bureau of Reclamation and 

the United States Geological Survey. 

(2) STATE.—The term ‘‘State’’ means the State of New 

Mexico. 

(b) COMPREHENSIVE WATER PLAN ASSISTANCE.— 

(1) IN GENERAL.—Upon the request of the Governor of 

the State and subject to paragraphs (2) through (6), the Secretary shall— 

(A) provide to the State technical assistance and grants 

for the development of comprehensive State water plans; 

(B) conduct water resources mapping in the State; 

and 

(C) conduct a comprehensive study of groundwater 

resources (including potable, brackish, and saline water 

resources) in the State to assess the quantity, quality, 

and interaction of groundwater and surface water 

resources. 

(2) TECHNICAL ASSISTANCE.—Technical assistance provided 

under paragraph (1) may include— 

(A) acquisition of hydrologic data, groundwater 

characterization, database development, and data distribution; 

(B) expansion of climate, surface water, and groundwater monitoring networks; 

(C) assessment of existing water resources, surface 

water storage, and groundwater storage potential; 

(D) numerical analysis and modeling necessary to provide an integrated understanding of water resources and 

water management options; 

(E) participation in State planning forums and planning groups; 

(F) coordination of Federal water management planning efforts; 

(G) technical review of data, models, planning scenarios, and water plans developed by the State; and 

(H) provision of scientific and technical specialists to 

support State and local activities. 

(3) ALLOCATION.—In providing grants under paragraph (1), 

the Secretary shall, subject to the availability of appropriations, 

allocate— 

(A) $5,000,000 to develop hydrologic models and 

acquire associated equipment for the New Mexico Rio 

Grande main stem sections and Rios Pueblo de Taos and 


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Hondo, Rios Nambe, Pojoaque and Teseque, Rio Chama, 

and Lower Rio Grande tributaries; 

(B) $1,500,000 to complete the hydrographic survey 

development of hydrologic models and acquire associated 

equipment for the San Juan River and tributaries; 

(C) $1,000,000 to complete the hydrographic survey 

development of hydrologic models and acquire associated 

equipment for Southwest New Mexico, including the 

Animas Basin, the Gila River, and tributaries; 

(D) $4,500,000 for statewide digital orthophotography 

mapping; and 

(E) such sums as are necessary to carry out additional 

projects consistent with paragraph (2). 

(4) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The non-Federal share of the total 

cost of any activity carried out using a grant provided 

under paragraph (1) shall be 50 percent. 

(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 

share under subparagraph (A) may be in the form of any 

in-kind services that the Secretary determines would contribute substantially toward the conduct and completion 

of the activity assisted. 

(5) NONREIMBURSABLE BASIS.—Any assistance or grants 

provided to the State under this section shall be made on 

a non-reimbursable basis. 

(6) AUTHORIZED TRANSFERS.—On request of the State, the 

Secretary shall directly transfer to 1 or more Federal agencies 

any amounts made available to the State to carry out this 

section. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $3,000,000 for each 

of fiscal years 2008 through 2012. 

(d) SUNSET OF AUTHORITY.—The authority of the Secretary 

to carry out any provisions of this section shall terminate 10 years 

after the date of enactment of this Act. 

SEC. 506. CONVEYANCE OF CERTAIN BUILDINGS AND LANDS OF THE 

YAKIMA PROJECT, WASHINGTON. 

(a) CONVEYANCE REQUIRED.—The Secretary of the Interior shall 

convey to the Yakima-Tieton Irrigation District, located in Yakima 

County, Washington, all right, title, and interest of the United 

States in and to the buildings and lands of the Yakima Project, 

Washington, in accordance with the terms and conditions set forth 

in the agreement titled ‘‘Agreement Between the United States 

and the Yakima-Tieton Irrigation District to Transfer Title to Certain Federally Owned Buildings and Lands, With Certain Property 

Rights, Title, and Interest, to the Yakima-Tieton Irrigation District’’ 

(Contract No. 5–07–10–L1658). 

(b) LIABILITY.—Effective upon the date of conveyance under 

this section, the United States shall not be held liable by any 

court for damages of any kind arising out of any act, omission, 

or occurrence relating to the conveyed buildings and lands, except 

for damages caused by acts of negligence committed by the United 

States or by its employees or agents before the date of conveyance. 

Nothing in this section increases the liability of the United States 

beyond that provided in chapter 171 of title 28, United States 

Effective date. 


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Code (popularly known as the Federal Tort Claims Act), on the 

date of enactment of this Act. 

(c) BENEFITS.—After conveyance of the buildings and lands 

to the Yakima-Tieton Irrigation District under this section— 

(1) such buildings and lands shall not be considered to 

be a part of a Federal reclamation project; and 

(2) such irrigation district shall not be eligible to receive 

any benefits with respect to any buildings and lands conveyed, 

except benefits that would be available to a similarly situated 

person with respect to such buildings and lands that are not 

part of a Federal reclamation project. 

(d) REPORT.—If the Secretary of the Interior has not completed 

the conveyance required under subsection (a) within 12 months 

after the date of enactment of this Act, the Secretary shall submit 

to Congress a report that explains the reason such conveyance 

has not been completed and stating the date by which the conveyance will be completed. 

SEC. 507. CONJUNCTIVE USE OF SURFACE AND GROUNDWATER IN 

JUAB COUNTY, UTAH. 

Section 202(a)(2) of the Reclamation Projects Authorization and 

Adjustment Act of 1992 (Public Law 102–575) is amended by 

inserting ‘‘Juab,’’ after ‘‘Davis,’’. 

SEC. 508. EARLY REPAYMENT OF A & B IRRIGATION DISTRICT 

CONSTRUCTION COSTS. 

(a) IN GENERAL.—Notwithstanding section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner within 

the A & B Irrigation District in the State (referred to in this 

section as the ‘‘District’’) may repay, at any time, the construction 

costs of District project facilities that are allocated to land of the 

landowner within the District. 

(b) APPLICABILITY OF FULL-COST PRICING LIMITATIONS.—On discharge, in full, of the obligation for repayment of all construction 

costs described in subsection (a) that are allocated to all land 

the landowner owns in the District in question, the parcels of 

land shall not be subject to the ownership and full-cost pricing 

limitations under Federal reclamation law (the Act of June 17, 

1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and 

amendatory of that Act (43 U.S.C. 371 et seq.), including the Reclamation Reform Act of 1982 (13 U.S.C. 390aa et seq.). 

(c) CERTIFICATION.—On request of a landowner that has repaid, 

in full, the construction costs described in subsection (a), the Secretary of the Interior shall provide to the landowner a certificate 

described in section 213(b)(1) of the Reclamation Reform Act of 

1982 (43 U.S.C. 390mm(b)(1)). 

(d) EFFECT.—Nothing in this section— 

(1) modifies any contractual rights under, or amends or 

reopens, the reclamation contract between the District and 

the United States; or 

(2) modifies any rights, obligations, or relationships 

between the District and landowners in the District under 

Idaho State law. 

SEC. 509. OREGON WATER RESOURCES. 

(a) EXTENSION OF PARTICIPATION OF BUREAU OF RECLAMATION

IN DESCHUTES RIVER CONSERVANCY.—Section 301 of the Oregon 

Idaho. 

106 Stat. 4608. 


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Resource Conservation Act of 1996 (division B of Public Law 104– 

208; 110 Stat. 3009–534) is amended— 

(1) in subsection (a)(1), by striking ‘‘Deschutes River Basin 

Working Group’’ and inserting ‘‘Deschutes River Conservancy 

Working Group’’; 

(2) by amending the text of subsection (a)(1)(B) to read 

as follows: ‘‘4 representatives of private interests including 

two from irrigated agriculture who actively farm more than 

100 acres of irrigated land and are not irrigation district managers and two from the environmental community;’’; 

(3) in subsection (b)(3), by inserting before the final period 

the following: ‘‘, and up to a total amount of $2,000,000 during 

each of fiscal years 2007 through 2016’’; and 

(4) in subsection (h), by inserting before the period at 

the end the following: ‘‘, and $2,000,000 for each of fiscal 

years 2007 through 2016’’. 

(b) WALLOWA LAKE DAM REHABILITATION ACT.— 

(1) DEFINITIONS.—In this subsection: 

(A) ASSOCIATED DITCH COMPANIES, INCORPORATED.— 

The term ‘‘Associated Ditch Companies, Incorporated’’ 

means the nonprofit corporation established under the laws 

of the State of Oregon that operates Wallowa Lake Dam. 

(B) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Commissioner 

of Reclamation. 

(C) WALLOWA LAKE DAM REHABILITATION PROGRAM.— 

The term ‘‘Wallowa Lake Dam Rehabilitation Program’’ 

means the program for the rehabilitation of the Wallowa 

Lake Dam in Oregon, as contained in the engineering 

document titled, ‘‘Phase I Dam Assessment and Preliminary Engineering Design’’, dated December 2002, and on 

file with the Bureau of Reclamation. 

(2) AUTHORIZATION TO PARTICIPATE IN PROGRAM.— 

(A) GRANTS AND COOPERATIVE AGREEMENTS.—The Secretary may provide grants to, or enter into cooperative 

or other agreements with, tribal, State, and local governmental entities and the Associated Ditch Companies, Incorporated, to plan, design, and construct facilities needed 

to implement the Wallowa Lake Dam Rehabilitation Program. 

(B) CONDITIONS.—As a condition of providing funds 

under subparagraph (A), the Secretary shall ensure that— 

(i) the Wallowa Lake Dam Rehabilitation Program 

and activities under this section meet the standards 

of the dam safety program of the State of Oregon; 

(ii) the Associated Ditch Companies, Incorporated, 

agrees to assume liability for any work performed, 

or supervised, with Federal funds provided to it under 

this subsection; and 

(iii) the United States shall not be liable for damages of any kind arising out of any act, omission, 

or occurrence relating to a facility rehabilitated or constructed with Federal funds provided under this subsection, both while and after activities are conducted 

using Federal funds provided under this subsection. 

(C) COST SHARING.— 


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(i) IN GENERAL.—The Federal share of the costs 

of activities authorized under this subsection shall not 

exceed 50 percent. 

(ii) EXCLUSIONS FROM FEDERAL SHARE.—There 

shall not be credited against the Federal share of such 

costs— 

(I) any expenditure by the Bonneville Power 

Administration in the Wallowa River watershed; 

and 

(II) expenditures made by individual agricultural producers in any Federal commodity or conservation program. 

(D) COMPLIANCE WITH STATE LAW.—The Secretary, in 

carrying out this subsection, shall comply with applicable 

Oregon State water law. 

(E) PROHIBITION ON HOLDING TITLE.—The Federal 

Government shall not hold title to any facility rehabilitated 

or constructed under this subsection. 

(F) PROHIBITION ON OPERATION AND MAINTENANCE.— 

The Federal Government shall not be responsible for the 

operation and maintenance of any facility constructed or 

rehabilitated under this subsection. 

(3) RELATIONSHIP TO OTHER LAW.—Activities funded under 

this subsection shall not be considered a supplemental or additional benefit under Federal reclamation law (the Act of June 

17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental 

to and amendatory of that Act (43 U.S.C. 371 et seq.)). 

(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to pay the Federal 

share of the costs of activities authorized under this subsection 

$6,000,000. 

(5) SUNSET.—The authority of the Secretary to carry out 

any provisions of this subsection shall terminate 10 years after 

the date of the enactment of this subsection. 

(c) LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER

RESOURCE STUDY.— 

(1) AUTHORIZATION.—The Secretary of the Interior, acting 

through the Bureau of Reclamation, may participate in the 

Water for Irrigation, Streams and the Economy Project water 

management feasibility study and environmental impact statement in accordance with the ‘‘Memorandum of Agreement 

Between City of Medford and Bureau of Reclamation for the 

Water for Irrigation, Streams, and the Economy Project’’, dated 

July 2, 2004. 

(2) AUTHORIZATION OF APPROPRIATIONS.— 

(A) IN GENERAL.—There is authorized to be appropriated to the Bureau of Reclamation $500,000 to carry 

out activities under this subsection. 

(B) NON-FEDERAL SHARE.— 

(i) IN GENERAL.—The non-Federal share shall be 

50 percent of the total costs of the Bureau of Reclamation in carrying out paragraph (1). 

(ii) FORM.—The non-Federal share required under 

clause (i) may be in the form of any in-kind services 

that the Secretary of the Interior determines would 

contribute substantially toward the conduct and 


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completion of the study and environmental impact 

statement required under paragraph (1). 

(3) SUNSET.—The authority of the Secretary to carry out 

any provisions of this subsection shall terminate 10 years after 

the date of the enactment of this section. 

(d) NORTH UNIT IRRIGATION DISTRICT.—The Act of August 10, 

1954 (68 Stat. 679, chapter 663), is amended— 

(1) in the first section— 

(A) by inserting ‘‘(referred to in this Act as the ‘District’)’’ after ‘‘irrigation district’’; and 

(B) by inserting ‘‘(referred to in this Act as the ‘Contract’)’’ after ‘‘1953’’; and 

(2) by adding at the end the following: 

‘‘SEC. 3. ADDITIONAL TERMS. 

‘‘On approval of the District directors and notwithstanding 

project authorizing legislation to the contrary, the Contract is modified, without further action by the Secretary of the Interior, to 

include the following modifications: 

‘‘(1) In Article 8(a) of the Contract, by deleting ‘a maximum 

of 50,000’ and inserting ‘approximately 59,000’ after ‘irrigation 

service to’. 

‘‘(2) In Article 11(a) of the Contract, by deleting ‘The classified irrigable lands within the project comprise 49,817.75 irrigable acres, of which 35,773.75 acres are in Class A and 

14,044.40 in Class B. These lands and the standards upon 

which the classification was made are described in the document entitled ‘‘Land Classification, North Unit, Deschutes 

Project, 1953’’ which is on file in the office of the Regional 

Director, Bureau of Reclamation, Boise, Idaho, and in the office 

of the District’ and inserting ‘The classified irrigable land within 

the project comprises 58,902.8 irrigable acres, all of which 

are authorized to receive irrigation water pursuant to water 

rights issued by the State of Oregon and have in the past 

received water pursuant to such State water rights.’. 

‘‘(3) In Article 11(c) of the Contract, by deleting ‘, with 

the approval of the Secretary,’ after ‘District may’, by deleting 

‘the 49,817.75 acre maximum limit on the irrigable area is 

not exceeded’ and inserting ‘irrigation service is provided to 

no more than approximately 59,000 acres and no amendment 

to the District boundary is required’ after ‘time so long as’. 

‘‘(4) In Article 11(d) of the Contract, by inserting ‘, and 

may further be used for instream purposes, including fish or 

wildlife purposes, to the extent that such use is required by 

Oregon State law in order for the District to engage in, or 

take advantage of, conserved water projects as authorized by 

Oregon State law’ after ‘herein provided’. 

‘‘(5) By adding at the end of Article 12(d) the following: 

‘(e) Notwithstanding the above subsections of this Article or 

Article 13 below, beginning with the irrigation season immediately following the date of enactment of the National Forests, 

Parks, Public Land, and Reclamation Projects Authorization 

Act of 2007, the annual installment for each year, for the 

District, under the Contract, on account of the District’s 

construction charge obligation, shall be a fixed and equal 

annual amount payable on June 30 the year following the 

year for which it is applicable, such that the District’s total 


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construction charge obligation shall be completely paid by June 

30, 2044.’. 

‘‘(6) In Article 14(a) of the Contract, by inserting ‘and 

for instream purposes, including fish or wildlife purposes, to 

the extent that such use is required by Oregon State law 

in order for the District to engage in, or take advantage of, 

conserved water projects as authorized by Oregon State law,’ 

after ‘and incidental stock and domestic uses’, by inserting 

‘and for instream purposes as described above,’ after ‘irrigation, 

stock and domestic uses’, and by inserting ‘, including natural 

flow rights out of the Crooked River held by the District’ after 

‘irrigation system’. 

‘‘(7) In Article 29(a) of the Contract, by inserting ‘and 

for instream purposes, including fish or wildlife purposes, to 

the extent that such use is required by Oregon State law 

in order for the District to engage in, or take advantage of, 

conserved water projects as authorized by Oregon State law’ 

after ‘provided in article 11’. 

‘‘(8) In Article 34 of the Contract, by deleting ‘The District, 

after the election and upon the execution of this contract, 

shall promptly secure final decree of the proper State court 

approving and confirming this contract and decreeing and 

adjudging it to be a lawful, valid, and binding general obligation 

of the District. The District shall furnish to the United States 

certified copies of such decrees and of all pertinent supporting 

records.’ after ‘for that purpose.’. 

‘‘SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE. 

‘‘The Secretary of the Interior (acting through the Commissioner 

of Reclamation) may in the future renegotiate with the District 

such terms of the Contract as the District directors determine 

to be necessary, only upon the written request of the District 

directors and the consent of the Commissioner of Reclamation.’’. 

SEC. 510. REPUBLICAN RIVER BASIN FEASIBILITY STUDY. 

(a) AUTHORIZATION OF STUDY.—Pursuant to reclamation laws, 

the Secretary of the Interior, acting through the Bureau of Reclamation and in consultation and cooperation with the States of 

Nebraska, Kansas, and Colorado, may conduct a study to— 

(1) determine the feasibility of implementing a water 

supply and conservation project that will— 

(A) improve water supply reliability in the Republican 

River Basin between Harlan County Lake in Nebraska 

and Milford Lake in Kansas, including areas in the counties 

of Harlan, Franklin, Webster, and Nuckolls in Nebraska 

and Jewel, Republic, Cloud, Washington, and Clay in 

Kansas (in this section referred to as the ‘‘Republican River 

Basin’’); 

(B) increase the capacity of water storage through 

modifications of existing projects or through new projects 

that serve areas in the Republican River Basin; and 

(C) improve water management efficiency in the 

Republican River Basin through conservation and other 

available means and, where appropriate, evaluate 

integrated water resource management and supply needs 

in the Republican River Basin; and 

(2) consider appropriate cost-sharing options for 

implementation of the project. 


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(b) COST SHARING.—The Federal share of the cost of the study 

shall not exceed 50 percent of the total cost of the study, and 

shall be nonreimbursable. 

(c) COOPERATIVE AGREEMENTS.—The Secretary shall undertake 

the study through cooperative agreements with the State of Kansas 

or Nebraska and other appropriate entities determined by the Secretary. 

(d) COMPLETION AND REPORT.— 

(1) IN GENERAL.—Except as provided in paragraph (2), not 

later than 3 years after the date of the enactment of this 

Act, the Secretary of the Interior shall complete the study 

and transmit to the Congress a report containing the results 

of the study. 

(2) EXTENSION.—If the Secretary determines that the study 

cannot be completed within the 3-year period beginning on 

the date of the enactment of this Act, the Secretary— 

(A) shall, at the time of that determination, report 

to the Congress on the status of the study, including an 

estimate of the date of completion; and 

(B) complete the study and transmit to the Congress 

a report containing the results of the study by not later 

than that date. 

(e) SUNSET OF AUTHORITY.—The authority of the Secretary 

to carry out any provisions of this section shall terminate 10 years 

after the date of the enactment of this Act. 

SEC. 511. EASTERN MUNICIPAL WATER DISTRICT. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) is amended 

by adding at the end the following: 

‘‘SEC. 1639. EASTERN MUNICIPAL WATER DISTRICT RECYCLED WATER 

SYSTEM PRESSURIZATION AND EXPANSION PROJECT, 

CALIFORNIA. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

Eastern Municipal Water District, California, may participate in 

the design, planning, and construction of permanent facilities 

needed to establish operational pressure zones that will be used 

to provide recycled water in the district. 

‘‘(b) COST SHARING.—The Federal share of the cost of the project 

described in subsection (a) shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 

be used for operation or maintenance of the project described in 

subsection (a). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $12,000,000. 

‘‘(e) SUNSET OF AUTHORITY.—The authority of the Secretary 

to carry out any provisions of this section shall terminate 10 years 

after the date of enactment of this section.’’. 

(b) CONFORMING AMENDMENT.—The table of sections in section 

2 of the Reclamation Projects Authorization and Adjustment Act 

43 USC 390h–24. 


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of 1992 (43 U.S.C. prec. 371) is amended by inserting after the 

item relating to section 1638 the following: 

‘‘Sec. 1639. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California.’’. 

SEC. 512. BAY AREA REGIONAL WATER RECYCLING PROGRAM. 

(a) PROJECT AUTHORIZATIONS.— 

(1) IN GENERAL.—The Reclamation Wastewater and 

Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) 

(as amended by section 512(a)) is amended by adding at the 

end the following: 

‘‘SEC. 1642. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

City of Palo Alto, California, and the City of Mountain View, California, is authorized to participate in the design, planning, and 

construction of recycled water distribution systems. 

‘‘(b) COST SHARE.—The Federal share of the cost of the project 

authorized by this section shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—The Secretary shall not provide funds for 

the operation and maintenance of the project authorized by this 

section. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $5,000,000. 

‘‘SEC. 1643. PITTSBURG RECYCLED WATER PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

City of Pittsburg, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and 

construction of recycled water system facilities. 

‘‘(b) COST SHARE.—The Federal share of the cost of the project 

authorized by this section shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—The Secretary shall not provide funds for 

the operation and maintenance of the project authorized by this 

section. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $1,750,000. 

‘‘SEC. 1644. ANTIOCH RECYCLED WATER PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

City of Antioch, California, and the Delta Diablo Sanitation District, 

is authorized to participate in the design, planning, and construction 

of recycled water system facilities. 

‘‘(b) COST SHARE.—The Federal share of the cost of the project 

authorized by this section shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—The Secretary shall not provide funds for 

the operation and maintenance of the project authorized by this 

section. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $2,250,000. 

43 USC 390h–27. 

43 USC 390h–26. 

43 USC 390h–25. 

California. 


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‘‘SEC. 1645. NORTH COAST COUNTY WATER DISTRICT RECYCLED 

WATER PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

North Coast County Water District, is authorized to participate 

in the design, planning, and construction of recycled water system 

facilities. 

‘‘(b) COST SHARE.—The Federal share of the cost of the project 

authorized by this section shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—The Secretary shall not provide funds for 

the operation and maintenance of the project authorized by this 

section. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $2,500,000. 

‘‘SEC. 1646. REDWOOD CITY RECYCLED WATER PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

City of Redwood City, California, is authorized to participate in 

the design, planning, and construction of recycled water system 

facilities. 

‘‘(b) COST SHARE.—The Federal share of the cost of the project 

authorized by this section shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—The Secretary shall not provide funds for 

the operation and maintenance of the project authorized by this 

section. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $1,100,000. 

‘‘SEC. 1647. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

South County Regional Wastewater Authority and the Santa Clara 

Valley Water District, is authorized to participate in the design, 

planning, and construction of recycled water system distribution 

facilities. 

‘‘(b) COST SHARE.—The Federal share of the cost of the project 

authorized by this section shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—The Secretary shall not provide funds for 

the operation and maintenance of the project authorized by this 

section. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $7,000,000. 

‘‘SEC. 1648. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT 

FACILITY. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

City of San Jose, California, and the Santa Clara Valley Water 

District, is authorized to participate in the design, planning, and 

construction of recycled water treatment facilities. 

‘‘(b) COST SHARE.—The Federal share of the cost of the project 

authorized by this section shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—The Secretary shall not provide funds for 

the operation and maintenance of the project authorized by this 

section. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $8,250,000.’’. 

43 USC 390h–31. 

43 USC 390h–30. 

43 USC 390h–29. 

43 USC 390h–28. 


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PUBLIC LAW 110–229—MAY 8, 2008 122 STAT. 843 

(2) CONFORMING AMENDMENTS.—The table of sections in 

section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371) (as amended by section 

512(b)) is amended by inserting after the item relating to section 1641 the following: 

‘‘Sec. 1642. Mountain View, Moffett Area Reclaimed Water Pipeline Project. 

‘‘Sec. 1643. Pittsburg Recycled Water Project. 

‘‘Sec. 1644. Antioch Recycled Water Project. 

‘‘Sec. 1645. North Coast County Water District Recycled Water Project. 

‘‘Sec. 1646. Redwood City Recycled Water Project. 

‘‘Sec. 1647. South Santa Clara County Recycled Water Project. 

‘‘Sec. 1648. South Bay Advanced Recycled Water Treatment Facility.’’. 

(b) SAN JOSE AREA WATER RECLAMATION AND REUSE

PROJECT.—It is the intent of Congress that a comprehensive water 

recycling program for the San Francisco Bay Area include the 

San Jose Area water reclamation and reuse program authorized 

by section 1607 of the Reclamation Projects Authorization and 

Adjustment Act of 1992 (43 U.S.C. 390h–5). 

SEC. 513. BUREAU OF RECLAMATION SITE SECURITY. 

(a) TREATMENT OF CAPITAL COSTS.—Costs incurred by the Secretary of the Interior for the physical fortification of Bureau of 

Reclamation facilities to satisfy increased post-September 11, 2001, 

security needs, including the construction, modification, upgrade, 

or replacement of such facility fortifications, shall be nonreimbursable. 

(b) TREATMENT OF SECURITY-RELATED OPERATION AND MAINTENANCE COSTS.— 

(1) REIMBURSABLE COSTS.—The Secretary of the Interior 

shall include no more than $18,900,000 per fiscal year, indexed 

each fiscal year after fiscal year 2008 according to the preceding 

year’s Consumer Price Index, of those costs incurred for 

increased levels of guards and patrols, training, patrols by 

local and tribal law enforcement entities, operation, maintenance, and replacement of guard and response force equipment, 

and operation and maintenance of facility fortifications at 

Bureau of Reclamation facilities after the events of September 

11, 2001, as reimbursable operation and maintenance costs 

under Reclamation law. 

(2) COSTS COLLECTED THROUGH WATER RATES.—In the case 

of the Central Valley Project of California, site security costs 

allocated to irrigation and municipal and industrial water 

service in accordance with this section shall be collected by 

the Secretary exclusively through inclusion of these costs in 

the operation and maintenance water rates. 

(c) TRANSPARENCY AND REPORT TO CONGRESS.— 

(1) POLICIES AND PROCEDURES.—The Secretary is authorized to develop policies and procedures with project beneficiaries, consistent with the requirements of paragraphs (2) 

and (3), to provide for the payment of the reimbursable costs 

described in subsection (b). 

(2) NOTICE.—On identifying a Bureau of Reclamation 

facility for a site security measure, the Secretary shall provide 

to the project beneficiaries written notice— 

(A) describing the need for the site security measure 

and the process for identifying and implementing the site 

security measure; and 

43 USC 373e. 


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(B) summarizing the administrative and legal requirements relating to the site security measure. 

(3) CONSULTATION.—The Secretary shall— 

(A) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, 

design, and construction of the site security measure; and 

(B) in consultation with project beneficiaries, develop 

and provide timeframes for the consultation described in 

subparagraph (A). 

(4) RESPONSE; NOTICE.—Before incurring costs pursuant 

to activities described in subsection (b), the Secretary shall 

consider cost containment measures recommended by a project 

beneficiary that has elected to consult with the Bureau of 

Reclamation on such activities. The Secretary shall provide 

to the project beneficiary— 

(A) a timely written response describing proposed 

actions, if any, to address the recommendation; and 

(B) notice regarding the costs and status of such activities on a periodic basis. 

(5) REPORT.—The Secretary shall report annually to the 

Natural Resources Committee of the House of Representatives 

and the Energy and Natural Resources Committee of the Senate 

on site security actions and activities undertaken pursuant 

to this Act for each fiscal year. The report shall include a 

summary of Federal and non-Federal expenditures for the fiscal 

year and information relating to a 5-year planning horizon 

for the program, detailed to show pre-September 11, 2001, 

and post-September 11, 2001, costs for the site security activities. 

(d) PRE-SEPTEMBER 11, 2001 SECURITY COST LEVELS.—Reclamation project security costs at the levels of activity that existed 

prior to September 11, 2001, shall remain reimbursable. 

SEC. 514. MORE WATER, MORE ENERGY, AND LESS WASTE. 

(a) FINDINGS.—The Congress finds that— 

(1) development of energy resources, including oil, natural 

gas, coalbed methane, and geothermal resources, frequently 

results in bringing to the surface water extracted from underground sources; 

(2) some of that produced water is used for irrigation 

or other purposes, but most of the water is returned to the 

subsurface or otherwise disposed of as waste; 

(3) reducing the quantity of produced water returned to 

the subsurface and increasing the quantity of produced water 

that is made available for irrigation and other uses— 

(A) would augment water supplies; 

(B) could reduce the costs to energy developers for 

disposing of the water; and 

(C) in some cases, could increase the efficiency of 

energy development activities; and 

(4) it is in the national interest— 

(A) to limit the quantity of produced water disposed 

of as waste; 

(B) to optimize the production of energy resources; 

and 

42 USC 10301 

note. 


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(C) to remove or reduce obstacles to use of produced 

water for irrigation or other purposes in ways that will 

not adversely affect water quality or the environment. 

(b) PURPOSES.—The purposes of this section are— 

(1) to optimize the production of energy resources— 

(A) by minimizing the quantity of produced water; 

and 

(B) by facilitating the use of produced water for irrigation and other purposes without adversely affecting water 

quality or the environment; and 

(2) to demonstrate means of accomplishing those results. 

(c) DEFINITIONS.—In this section: 

(1) LOWER BASIN STATE.—The term ‘‘Lower Basin State’’ 

means any of the States of— 

(A) Arizona; 

(B) California; and 

(C) Nevada. 

(2) PRODUCED WATER.—The term ‘‘produced water’’ means 

water from an underground source that is brought to the surface as part of the process of exploration for, or development 

of— 

(A) oil; 

(B) natural gas; 

(C) coalbed methane; or 

(D) any other substance to be used as an energy source. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(4) UPPER BASIN STATE.—The term ‘‘Upper Basin State’’ 

means any of the States of— 

(A) Colorado; 

(B) New Mexico; 

(C) Utah; and 

(D) Wyoming. 

(d) IDENTIFICATION OF PROBLEMS AND SOLUTIONS.— 

(1) STUDY.—The Secretary shall conduct a study to identify— 

(A) the technical, economic, environmental, and other 

obstacles to reducing the quantity of produced water; 

(B) the technical, economic, environmental, legal, and 

other obstacles to increasing the extent to which produced 

water can be used for irrigation and other purposes without 

adversely affecting water quality, public health, or the 

environment; 

(C) the legislative, administrative, and other actions 

that could reduce or eliminate the obstacles identified in 

subparagraphs (A) and (B); and 

(D) the costs and benefits associated with reducing 

or eliminating the obstacles identified in subparagraphs 

(A) and (B). 

(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee 

on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate 

a report describing the results of the study under paragraph 

(1). 

(e) IMPLEMENTATION.— 


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(1) GRANTS.—Subject to the availability of appropriations, 

the Secretary shall provide financial assistance for the development of facilities, technologies, and processes to demonstrate 

the feasibility, effectiveness, and safety of— 

(A) optimizing energy resource production by reducing 

the quantity of produced water generated; or 

(B) increasing the extent to which produced water may 

be recovered and made suitable for use for irrigation, 

municipal, or industrial uses, or other purposes without 

adversely affecting water quality or the environment. 

(2) LIMITATIONS.—Assistance under this subsection— 

(A) shall be provided for— 

(i) at least 1 project in each of the Upper Basin 

States; and 

(ii) at least 1 project in at least 1 of the Lower 

Basin States; 

(B) shall not exceed $1,000,000 for any project; 

(C) shall be used to pay not more than 50 percent 

of the total cost of a project; 

(D) shall not be used for the operation or maintenance 

of any facility; and 

(E) may be in addition to assistance provided by the 

Federal Government pursuant to other provisions of law. 

(f) CONSULTATION, ADVICE, AND COMMENTS.—In carrying out 

this section, including in preparing the report under subsection 

(d)(2) and establishing criteria to be used in connection with an 

award of financial assistance under subsection (e), the Secretary 

shall— 

(1) consult with the Secretary of Energy, the Administrator 

of the Environmental Protection Agency, and appropriate Governors and local officials; 

(2)(A) review any relevant information developed in connection with research carried out by others, including research 

carried out pursuant to subtitle J of title IX of the Energy 

Policy Act of 2005 (42 U.S.C. 16371 et seq.); and 

(B) to the extent the Secretary determines to be advisable, 

include that information in the report under subsection (d)(2); 

(3) seek the advice of— 

(A) individuals with relevant professional or academic 

expertise; and 

(B) individuals or representatives of entities with 

industrial experience, particularly experience relating to 

production of oil, natural gas, coalbed methane, or other 

energy resources (including geothermal resources); and 

(4) solicit comments and suggestions from the public. 

(g) RELATION TO OTHER LAWS.—Nothing in this section supersedes, modifies, abrogates, or limits— 

(1) the effect of any State law or any interstate authority 

or compact relating to— 

(A) any use of water; or 

(B) the regulation of water quantity or quality; or 

(2) the applicability or effect of any Federal law (including 

regulations). 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated— 

(1) $1,000,000 to carry out subsection (d); and 

(2) $7,500,000 to carry out subsection (e). 


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SEC. 515. PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM AND 

PATHFINDER MODIFICATION PROJECT AUTHORIZATION. 

(a) PURPOSES.—The purposes of this section are to authorize— 

(1) the Secretary of the Interior, acting through the 

Commissioner of Reclamation and in partnership with the 

States, other Federal agencies, and other non-Federal entities, 

to continue the cooperative effort among the Federal and nonFederal entities through the implementation of the Platte River 

Recovery Implementation Program for threatened and endangered species in the Central and Lower Platte River Basin 

without creating Federal water rights or requiring the grant 

of water rights to Federal entities; and 

(2) the modification of the Pathfinder Dam and Reservoir, 

in accordance with the requirements described in subsection 

(c). 

(b) PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM.— (1) DEFINITIONS.—In this subsection: 

(A) AGREEMENT.—The term ‘‘Agreement’’ means the 

Platte River Recovery Implementation Program Cooperative Agreement entered into by the Governors of the States 

and the Secretary. 

(B) FIRST INCREMENT.—The term ‘‘First Increment’’ 

means the first 13 years of the Program. 

(C) GOVERNANCE COMMITTEE.—The term ‘‘Governance 

Committee’’ means the governance committee established 

under the Agreement and composed of members from the 

States, the Federal Government, environmental interests, 

and water users. 

(D) INTEREST IN LAND OR WATER.—The term ‘‘interest 

in land or water’’ includes a fee title, short- or long-term 

easement, lease, or other contractual arrangement that 

is determined to be necessary by the Secretary to implement the land and water components of the Program. 

(E) PROGRAM.—The term ‘‘Program’’ means the Platte 

River Recovery Implementation Program established under 

the Agreement. 

(F) PROJECT OR ACTIVITY.—The term ‘‘project or 

activity’’ means— 

(i) the planning, design, permitting or other 

compliance activity, preconstruction activity, construction, construction management, operation, maintenance, and replacement of a facility; 

(ii) the acquisition of an interest in land or water; 

(iii) habitat restoration; 

(iv) research and monitoring; 

(v) program administration; and 

(vi) any other activity that is determined to be 

necessary by the Secretary to carry out the Program. 

(G) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Commissioner 

of Reclamation. 

(H) STATES.—The term ‘‘States’’ means the States of 

Nebraska, Wyoming, and Colorado. 

(2) IMPLEMENTATION OF PROGRAM.— 

(A) IN GENERAL.—The Secretary, in cooperation with 

the Governance Committee, may— 

(i) participate in the Program; and 

State listing. 


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(ii) carry out any projects and activities that are 

designated for implementation during the First Increment. 

(B) AUTHORITY OF SECRETARY.—For purposes of carrying out this section, the Secretary, in cooperation with 

the Governance Committee, may— 

(i) enter into agreements and contracts with Federal and non-Federal entities; 

(ii) acquire interests in land, water, and facilities 

from willing sellers without the use of eminent domain; 

(iii) subsequently transfer any interests acquired 

under clause (ii); and 

(iv) accept or provide grants. 

(3) COST-SHARING CONTRIBUTIONS.— 

(A) IN GENERAL.—As provided in the Agreement, the 

States shall contribute not less than 50 percent of the 

total contributions necessary to carry out the Program. 

(B) NON-FEDERAL CONTRIBUTIONS.—The following contributions shall constitute the States’ share of the Program: 

(i) $30,000,000 in non-Federal funds, with the balance of funds remaining to be contributed to be 

adjusted for inflation on October 1 of the year after 

the date of enactment of this Act and each October 

1 thereafter. 

(ii) Credit for contributions of water or land for 

the purposes of implementing the Program, as determined to be appropriate by the Secretary. 

(C) IN-KIND CONTRIBUTIONS.—The Secretary or the 

States may elect to provide a portion of the Federal share 

or non-Federal share, respectively, in the form of in-kind 

goods or services, if the contribution of goods or services 

is approved by the Governance Committee, as provided 

in Attachment 1 of the Agreement. 

(4) AUTHORITY TO MODIFY PROGRAM.—The Program may 

be modified or amended before the completion of the First 

Increment if the Secretary and the States determine that the 

modifications are consistent with the purposes of the Program. 

(5) EFFECT.— 

(A) EFFECT ON RECLAMATION LAWS.—No action carried 

out under this subsection shall, with respect to the acreage 

limitation provisions of the reclamation laws— 

(i) be considered in determining whether a district 

(as the term is defined in section 202 of the Reclamation Reform Act of 1982 (43 U.S.C. 390bb)) has discharged the obligation of the district to repay the 

construction cost of project facilities used to make 

irrigation water available for delivery to land in the 

district; 

(ii) serve as the basis for reinstating acreage 

limitation provisions in a district that has completed 

payment of the construction obligations of the district; 

or 

(iii) serve as the basis for increasing the construction repayment obligation of the district, which would 

extend the period during which the acreage limitation 

provisions would apply. 


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(B) EFFECT ON WATER RIGHTS.—Nothing in this section— 

(i) creates Federal water rights; or 

(ii) requires the grant of water rights to Federal 

entities. 

(6) AUTHORIZATION OF APPROPRIATIONS.— 

(A) IN GENERAL.—There is authorized to be appropriated to carry out projects and activities under this subsection $157,140,000, as adjusted under subparagraph (C). 

(B) NONREIMBURSABLE FEDERAL EXPENDITURES.—Any 

amounts expended under subparagraph (A) shall be considered to be nonreimbursable Federal expenditures. 

(C) ADJUSTMENT.—The balance of funds remaining to 

be appropriated shall be adjusted for inflation on October 

1 of the year after the date of enactment of this Act 

and each October 1 thereafter. 

(D) AVAILABILITY OF FUNDS.—At the end of each fiscal 

year, any unexpended funds for projects and activities made 

available under subparagraph (A) shall be retained for 

use in future fiscal years to implement projects and activities under the Program. 

(7) TERMINATION OF AUTHORITY.—The authority for the 

Secretary to implement the First Increment shall terminate 

on September 30, 2020. 

(c) PATHFINDER MODIFICATION PROJECT.— 

(1) AUTHORIZATION OF PROJECT.— 

(A) IN GENERAL.—The Secretary of the Interior, acting 

through the Commissioner of Reclamation (referred to in 

this subsection as the ‘‘Secretary’’), may— 

(i) modify the Pathfinder Dam and Reservoir; and 

(ii) enter into 1 or more agreements with the State 

of Wyoming to implement the Pathfinder Modification 

Project (referred to in this subsection as the ‘‘Project’’), 

as described in Appendix F to the Final Settlement 

Stipulation in Nebraska v. Wyoming, 534 U.S. 40 

(2001). 

(B) FEDERAL APPROPRIATIONS.—No Federal appropriations are required to modify the Pathfinder Dam under 

this paragraph. 

(2) AUTHORIZED USES OF PATHFINDER RESERVOIR.—Provided 

that all of the conditions described in paragraph (3) are first 

met, the approximately 54,000 acre-feet capacity of Pathfinder 

Reservoir, which has been lost to sediment but will be recaptured by the Project, may be used for municipal, environmental, 

and other purposes, as described in Appendix F to the Final 

Settlement Stipulation in Nebraska v. Wyoming, 534 U.S. 40 

(2001). 

(3) CONDITIONS PRECEDENT.—The actions and water uses 

authorized in paragraphs (1)(A)(i) and (2) shall not occur until 

each of the following actions have been completed: 

(A) Final approval from the Wyoming legislature for 

the export of Project water to the State of Nebraska under 

the laws (including regulations) of the State of Wyoming. 

(B) Final approval in a change of water use proceeding 

under the laws (including regulations) of the State of 

Wyoming for all new uses planned for Project water. Final 


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approval, as used in this subparagraph, includes exhaustion of any available review under State law of any 

administrative action authorizing the change of the Pathfinder Reservoir water right. 

SEC. 516. CENTRAL OKLAHOMA MASTER CONSERVATORY DISTRICT 

FEASIBILITY STUDY. 

(a) STUDY.— (1) IN GENERAL.—Not later than 3 years after the date 

of enactment of this Act, the Secretary of the Interior, acting 

through the Commissioner of Reclamation (referred to in this 

section as the ‘‘Secretary’’), shall— 

(A) conduct a feasibility study of alternatives to augment the water supplies of— 

(i) the Central Oklahoma Master Conservatory 

District (referred to in this section as the ‘‘District)’’; 

and 

(ii) cities served by the District; 

(2) INCLUSIONS.—The study under paragraph (1) shall 

include recommendations of the Secretary, if any, relating to 

the alternatives studied. 

(b) COST-SHARING REQUIREMENT.— 

(1) IN GENERAL.—The Federal share of the total costs of 

the study under subsection (a) shall not exceed 50 percent. 

(2) FORM OF NON-FEDERAL SHARE.—The non-Federal share 

required under paragraph (1) may be in the form of any inkind services that the Secretary determines would contribute 

substantially toward the conduct and completion of the study. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary to conduct the study under 

subsection (a) $900,000. 

TITLE VI—DEPARTMENT OF ENERGY 

AUTHORIZATIONS 

SEC. 601. ENERGY TECHNOLOGY TRANSFER. 

Section 917 of the Energy Policy Act of 2005 (42 U.S.C. 16197) 

is amended to read as follows: 

‘‘SEC. 917. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS. 

‘‘(a) GRANTS.—Not later than 18 months after the date of enactment of the National Forests, Parks, Public Land, and Reclamation 

Projects Authorization Act of 2008, the Secretary shall make grants 

to nonprofit institutions, State and local governments, cooperative 

extension services, or institutions of higher education (or consortia 

thereof), to establish a geographically dispersed network of 

Advanced Energy Technology Transfer Centers, to be located in 

areas the Secretary determines have the greatest need of the services of such Centers. In making awards under this section, the 

Secretary shall— 

‘‘(1) give priority to applicants already operating or 

partnered with an outreach program capable of transferring 

knowledge and information about advanced energy efficiency 

methods and technologies; 

‘‘(2) ensure that, to the extent practicable, the program 

enables the transfer of knowledge and information— 

Deadline. 

Grants. 

Deadline. 


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‘‘(A) about a variety of technologies; and 

‘‘(B) in a variety of geographic areas; 

‘‘(3) give preference to applicants that would significantly 

expand on or fill a gap in existing programs in a geographical 

region; and 

‘‘(4) consider the special needs and opportunities for 

increased energy efficiency for manufactured and site-built 

housing, including construction, renovation, and retrofit. 

‘‘(b) ACTIVITIES.—Each Center shall operate a program to 

encourage demonstration and commercial application of advanced 

energy methods and technologies through education and outreach 

to building and industrial professionals, and to other individuals 

and organizations with an interest in efficient energy use. Funds 

awarded under this section may be used for the following activities: 

‘‘(1) Developing and distributing informational materials 

on technologies that could use energy more efficiently. 

‘‘(2) Carrying out demonstrations of advanced energy 

methods and technologies. 

‘‘(3) Developing and conducting seminars, workshops, longdistance learning sessions, and other activities to aid in the 

dissemination of knowledge and information on technologies 

that could use energy more efficiently. 

‘‘(4) Providing or coordinating onsite energy evaluations, 

including instruction on the commissioning of building heating 

and cooling systems, for a wide range of energy end-users. 

‘‘(5) Examining the energy efficiency needs of energy endusers to develop recommended research projects for the Department. 

‘‘(6) Hiring experts in energy efficient technologies to carry 

out activities described in paragraphs (1) through (5). 

‘‘(c) APPLICATION.—A person seeking a grant under this section 

shall submit to the Secretary an application in such form and 

containing such information as the Secretary may require. The 

Secretary may award a grant under this section to an entity already 

in existence if the entity is otherwise eligible under this section. 

The application shall include, at a minimum— 

‘‘(1) a description of the applicant’s outreach program, and 

the geographic region it would serve, and of why the program 

would be capable of transferring knowledge and information 

about advanced energy technologies that increase efficiency 

of energy use; 

‘‘(2) a description of the activities the applicant would carry 

out, of the technologies that would be transferred, and of any 

other organizations that will help facilitate a regional approach 

to carrying out those activities; 

‘‘(3) a description of how the proposed activities would 

be appropriate to the specific energy needs of the geographic 

region to be served; 

‘‘(4) an estimate of the number and types of energy endusers expected to be reached through such activities; and 

‘‘(5) a description of how the applicant will assess the 

success of the program. 

‘‘(d) SELECTION CRITERIA.—The Secretary shall award grants 

under this section on the basis of the following criteria, at a minimum: 

‘‘(1) The ability of the applicant to carry out the proposed 

activities. 


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‘‘(2) The extent to which the applicant will coordinate the 

activities of the Center with other entities as appropriate, such 

as State and local governments, utilities, institutions of higher 

education, and National Laboratories. 

‘‘(3) The appropriateness of the applicant’s outreach program for carrying out the program described in this section. 

‘‘(4) The likelihood that proposed activities could be 

expanded or used as a model for other areas. 

‘‘(e) COST-SHARING.—In carrying out this section, the Secretary 

shall require cost-sharing in accordance with the requirements of 

section 988 for commercial application activities. 

‘‘(f) DURATION.— 

‘‘(1) INITIAL GRANT PERIOD.—A grant awarded under this 

section shall be for a period of 5 years. 

‘‘(2) INITIAL EVALUATION.—Each grantee under this section 

shall be evaluated during its third year of operation under 

procedures established by the Secretary to determine if the 

grantee is accomplishing the purposes of this section described 

in subsection (a). The Secretary shall terminate any grant 

that does not receive a positive evaluation. If an evaluation 

is positive, the Secretary may extend the grant for 3 additional 

years beyond the original term of the grant. 

‘‘(3) ADDITIONAL EXTENSION.—If a grantee receives an 

extension under paragraph (2), the grantee shall be evaluated 

again during the second year of the extension. The Secretary 

shall terminate any grant that does not receive a positive 

evaluation. If an evaluation is positive, the Secretary may 

extend the grant for a final additional period of 3 additional 

years beyond the original extension. 

‘‘(4) LIMITATION.—No grantee may receive more than 11 

years of support under this section without reapplying for support and competing against all other applicants seeking a grant 

at that time. 

‘‘(g) PROHIBITION.—None of the funds awarded under this section may be used for the construction of facilities. 

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

‘‘(1) ADVANCED ENERGY METHODS AND TECHNOLOGIES.—The 

term ‘advanced energy methods and technologies’ means all 

methods and technologies that promote energy efficiency and 

conservation, including distributed generation technologies, and 

life-cycle analysis of energy use. 

‘‘(2) CENTER.—The term ‘Center’ means an Advanced 

Energy Technology Transfer Center established pursuant to 

this section. 

‘‘(3) DISTRIBUTED GENERATION.—The term ‘distributed 

generation’ means an electric power generation technology, 

including photovoltaic, small wind, and micro-combined heat 

and power, that serves electric consumers at or near the site 

of production. 

‘‘(4) COOPERATIVE EXTENSION.—The term ‘Cooperative 

Extension’ means the extension services established at the landgrant colleges and universities under the Smith-Lever Act of 

May 8, 1914. 

‘‘(5) LAND-GRANT COLLEGES AND UNIVERSITIES.—The term 

‘land-grant colleges and universities’ means— 

Procedures. 


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‘‘(A) 1862 Institutions (as defined in section 2 of the 

Agricultural Research, Extension, and Education Reform 

Act of 1998 (7 U.S.C. 7601)); 

‘‘(B) 1890 Institutions (as defined in section 2 of that 

Act); and 

‘‘(C) 1994 Institutions (as defined in section 2 of that 

Act). 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—In addition to 

amounts otherwise authorized to be appropriated in section 911, 

there are authorized to be appropriated for the program under 

this section such sums as may be appropriated.’’. 

SEC. 602. AMENDMENTS TO THE STEEL AND ALUMINUM ENERGY CONSERVATION AND TECHNOLOGY COMPETITIVENESS ACT OF 

1988. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 9 of the Steel 

and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 (15 U.S.C. 5108) is amended to read as follows: 

‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to the Secretary to 

carry out this Act $12,000,000 for each of the fiscal years 2008 

through 2012.’’. 

(b) STEEL PROJECT PRIORITIES.—Section 4(c)(1) of the Steel 

and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 (15 U.S.C. 5103(c)(1)) is amended— 

(1) in subparagraph (H), by striking ‘‘coatings for sheet 

steels’’ and inserting ‘‘sheet and bar steels’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(K) The development of technologies which reduce 

greenhouse gas emissions.’’. 

(c) CONFORMING AMENDMENTS.—The Steel and Aluminum 

Energy Conservation and Technology Competitiveness Act of 1988 

is further amended— 

(1) by striking section 7 (15 U.S.C. 5106); and 

(2) in section 8 (15 U.S.C. 5107), by inserting ‘‘, beginning 

with fiscal year 2008,’’ after ‘‘close of each fiscal year’’. 

TITLE VII—NORTHERN MARIANA 

ISLANDS 

Subtitle A—Immigration, Security, and 

Labor 

SEC. 701. STATEMENT OF CONGRESSIONAL INTENT. 

(a) IMMIGRATION AND GROWTH.—In recognition of the need to 

ensure uniform adherence to long-standing fundamental immigration policies of the United States, it is the intention of the Congress 

in enacting this subtitle— 

(1) to ensure that effective border control procedures are 

implemented and observed, and that national security and 

homeland security issues are properly addressed, by extending 

the immigration laws (as defined in section 101(a)(17) of the 

Immigration and Nationality Act (8 U.S.C. 1101 (a)(17)), to 

apply to the Commonwealth of the Northern Mariana Islands 

48 USC 1806 

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(referred to in this subtitle as the ‘‘Commonwealth’’), with special provisions to allow for— 

(A) the orderly phasing-out of the nonresident contract 

worker program of the Commonwealth; and 

(B) the orderly phasing-in of Federal responsibilities 

over immigration in the Commonwealth; and 

(2) to minimize, to the greatest extent practicable, potential 

adverse economic and fiscal effects of phasing-out the Commonwealth’s nonresident contract worker program and to maximize 

the Commonwealth’s potential for future economic and business 

growth by— 

(A) encouraging diversification and growth of the 

economy of the Commonwealth in accordance with fundamental values underlying Federal immigration policy; 

(B) recognizing local self-government, as provided for 

in the Covenant To Establish a Commonwealth of the 

Northern Mariana Islands in Political Union With the 

United States of America through consultation with the 

Governor of the Commonwealth; 

(C) assisting the Commonwealth in achieving a 

progressively higher standard of living for citizens of the 

Commonwealth through the provision of technical and 

other assistance; 

(D) providing opportunities for individuals authorized 

to work in the United States, including citizens of the 

freely associated states; and 

(E) providing a mechanism for the continued use of 

alien workers, to the extent those workers continue to 

be necessary to supplement the Commonwealth’s resident 

workforce, and to protect those workers from the potential 

for abuse and exploitation. 

(b) AVOIDING ADVERSE EFFECTS.—In recognition of the 

Commonwealth’s unique economic circumstances, history, and geographical location, it is the intent of the Congress that the Commonwealth be given as much flexibility as possible in maintaining 

existing businesses and other revenue sources, and developing new 

economic opportunities, consistent with the mandates of this subtitle. This subtitle, and the amendments made by this subtitle, 

should be implemented wherever possible to expand tourism and 

economic development in the Commonwealth, including aiding 

prospective tourists in gaining access to the Commonwealth’s memorials, beaches, parks, dive sites, and other points of interest. 

SEC. 702. IMMIGRATION REFORM FOR THE COMMONWEALTH. 

(a) AMENDMENT TO JOINT RESOLUTION APPROVING COVENANT

ESTABLISHING COMMONWEALTH OF THE NORTHERN MARIANA

ISLANDS.—The Joint Resolution entitled ‘‘A Joint Resolution to 

approve the ‘Covenant To Establish a Commonwealth of the 

Northern Mariana Islands in Political Union with the United States 

of America’, and for other purposes’’, approved March 24, 1976 

(Public Law 94–241; 90 Stat. 263), is amended by adding at the 

end the following new section: 

‘‘SEC. 6. IMMIGRATION AND TRANSITION. 

‘‘(a) APPLICATION OF THE IMMIGRATION AND NATIONALITY ACT

AND ESTABLISHMENT OF A TRANSITION PROGRAM.— 

‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), effective on the first day of the first full month commencing 1 Effective date. 

48 USC 1806. 


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year after the date of enactment of the Consolidated Natural 

Resources Act of 2008 (hereafter referred to as the ‘transition 

program effective date’), the provisions of the ‘immigration laws’ 

(as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall apply to the Commonwealth of the Northern Mariana Islands (referred to in this 

section as the ‘Commonwealth’), except as otherwise provided 

in this section. 

‘‘(2) TRANSITION PERIOD.—There shall be a transition period 

beginning on the transition program effective date and ending 

on December 31, 2014, except as provided in subsections (b) 

and (d), during which the Secretary of Homeland Security, 

in consultation with the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of the Interior, 

shall establish, administer, and enforce a transition program 

to regulate immigration to the Commonwealth, as provided 

in this section (hereafter referred to as the ‘transition program’). 

‘‘(3) DELAY OF COMMENCEMENT OF TRANSITION PERIOD.— 

‘‘(A) IN GENERAL.—The Secretary of Homeland Security, in the Secretary’s sole discretion, in consultation with 

the Secretary of the Interior, the Secretary of Labor, the 

Secretary of State, the Attorney General, and the Governor 

of the Commonwealth, may determine that the transition 

program effective date be delayed for a period not to exceed 

more than 180 days after such date. 

‘‘(B) CONGRESSIONAL NOTIFICATION.—The Secretary of 

Homeland Security shall notify the Congress of a determination under subparagraph (A) not later than 30 days 

prior to the transition program effective date. 

‘‘(C) CONGRESSIONAL REVIEW.—A delay of the transition 

program effective date shall not take effect until 30 days 

after the date on which the notification under subparagraph 

(B) is made. 

‘‘(4) REQUIREMENT FOR REGULATIONS.—The transition program shall be implemented pursuant to regulations to be 

promulgated, as appropriate, by the head of each agency or 

department of the United States having responsibilities under 

the transition program. 

‘‘(5) INTERAGENCY AGREEMENTS.—The Secretary of Homeland Security, the Secretary of State, the Secretary of Labor, 

and the Secretary of the Interior shall negotiate and implement 

agreements among their agencies to identify and assign their 

respective duties so as to ensure timely and proper implementation of the provisions of this section. The agreements should 

address, at a minimum, procedures to ensure that Commonwealth employers have access to adequate labor, and that tourists, students, retirees, and other visitors have access to the 

Commonwealth without unnecessary delay or impediment. The 

agreements may also allocate funding between the respective 

agencies tasked with various responsibilities under this section. 

‘‘(6) CERTAIN EDUCATION FUNDING.—In addition to fees 

charged pursuant to section 286(m) of the Immigration and 

Nationality Act (8 U.S.C. 1356(m)) to recover the full costs 

of providing adjudication services, the Secretary of Homeland 

Security shall charge an annual supplemental fee of $150 per 

nonimmigrant worker to each prospective employer who is 

issued a permit under subsection (d) of this section during 

Effective date. 

Deadline. 


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the transition period. Such supplemental fee shall be paid 

into the Treasury of the Commonwealth government for the 

purpose of funding ongoing vocational educational curricula 

and program development by Commonwealth educational entities. 

‘‘(7) ASYLUM.—Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) shall not apply during the transition 

period to persons physically present in the Commonwealth 

or arriving in the Commonwealth (whether or not at a designated port of arrival), including persons brought to the 

Commonwealth after having been interdicted in international 

or United States waters. 

‘‘(b) NUMERICAL LIMITATIONS FOR NONIMMIGRANT WORKERS.— An alien, if otherwise qualified, may seek admission to Guam or 

to the Commonwealth during the transition program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration 

and Nationality Act (8 U.S.C. 1101(a)(15)(H)) without counting 

against the numerical limitations set forth in section 214(g) of 

such Act (8 U.S.C. 1184(g)). This subsection does not apply to 

any employment to be performed outside of Guam or the Commonwealth. Not later than 3 years following the transition program 

effective date, the Secretary of Homeland Security shall issue a 

report to the Committee on Energy and Natural Resources and 

the Committee on the Judiciary of the Senate and the Committee 

on Natural Resources and the Committee on the Judiciary of the 

House of Representatives projecting the number of asylum claims 

the Secretary anticipates following the termination of the transition 

period, the efforts the Secretary has made to ensure appropriate 

interdiction efforts, provide for appropriate treatment of asylum 

seekers, and prepare to accept and adjudicate asylum claims in 

the Commonwealth. 

‘‘(c) NONIMMIGRANT INVESTOR VISAS.— 

‘‘(1) IN GENERAL.—Notwithstanding the treaty requirements in section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), during the transition period, 

the Secretary of Homeland Security may, upon the application 

of an alien, classify an alien as a CNMI-only nonimmigrant 

under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien— 

‘‘(A) has been admitted to the Commonwealth in longterm investor status under the immigration laws of the 

Commonwealth before the transition program effective 

date; 

‘‘(B) has continuously maintained residence in the 

Commonwealth under long-term investor status; 

‘‘(C) is otherwise admissible; and 

‘‘(D) maintains the investment or investments that 

formed the basis for such long-term investor status. 

‘‘(2) REQUIREMENT FOR REGULATIONS.—Not later than 60 

days before the transition program effective date, the Secretary 

of Homeland Security shall publish regulations in the Federal 

Register to implement this subsection. 

‘‘(d) SPECIAL PROVISION TO ENSURE ADEQUATE EMPLOYMENT; 

COMMONWEALTH ONLY TRANSITIONAL WORKERS.—An alien who is 

seeking to enter the Commonwealth as a nonimmigrant worker 

may be admitted to perform work during the transition period 

subject to the following requirements: 

Deadline. 

Federal Register, 

publication. 

Deadline. 

Reports. 


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‘‘(1) Such an alien shall be treated as a nonimmigrant 

described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), including the ability to apply, 

if otherwise eligible, for a change of nonimmigrant classification 

under section 248 of such Act (8 U.S.C. 1258) or adjustment 

of status under this section and section 245 of such Act (8 

U.S.C. 1255). 

‘‘(2) The Secretary of Homeland Security shall establish, 

administer, and enforce a system for allocating and determining 

the number, terms, and conditions of permits to be issued 

to prospective employers for each such nonimmigrant worker 

described in this subsection who would not otherwise be eligible 

for admission under the Immigration and Nationality Act (8 

U.S.C. 1101 et seq.). In adopting and enforcing this system, 

the Secretary shall also consider, in good faith and not later 

than 30 days after receipt by the Secretary, any comments 

and advice submitted by the Governor of the Commonwealth. 

This system shall provide for a reduction in the allocation 

of permits for such workers on an annual basisto zero, during 

a period not to extend beyond December 31, 2014, unless 

extended pursuant to paragraph 5 of this subsection. In no 

event shall a permit be valid beyond the expiration of the 

transition period. This system may be based on any reasonable 

method and criteria determined by the Secretary of Homeland 

Security to promote the maximum use of, and to prevent 

adverse effects on wages and working conditions of, workers 

authorized to be employed in the United States, including lawfully admissible freely associated state citizen labor. No alien 

shall be granted nonimmigrant classification or a visa under 

this subsection unless the permit requirements established 

under this paragraph have been met. 

‘‘(3) The Secretary of Homeland Security shall set the conditions for admission of such an alien under the transition program, and the Secretary of State shall authorize the issuance 

of nonimmigrant visas for such an alien. Such a visa shall 

not be valid for admission to the United States, as defined 

in section 101(a)(38) of the Immigration and Nationality Act 

(8 U.S.C. 1101(a)(38)), except admission to the Commonwealth. 

An alien admitted to the Commonwealth on the basis of such 

a visa shall be permitted to engage in employment only as 

authorized pursuant to the transition program. 

‘‘(4) Such an alien shall be permitted to transfer between 

employers in the Commonwealth during the period of such 

alien’s authorized stay therein, without permission of the 

employee’s current or prior employer, within the alien’s occupational category or another occupational category the Secretary 

of Homeland Security has found requires alien workers to 

supplement the resident workforce. 

‘‘(5)(A) Not later than 180 days prior to the expiration 

of the transition period, or any extension thereof, the Secretary 

of Labor, in consultation with the Secretary of Homeland Security, the Secretary of Defense, the Secretary of the Interior, 

and the Governor of the Commonwealth, shall ascertain the 

current and anticipated labor needs of the Commonwealth and 

determine whether an extension of up to 5 years of the provisions of this subsection is necessary to ensure an adequate 

number of workers will be available for legitimate businesses 

Deadline. 

Deadline. 

Permits. 


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in the Commonwealth. For the purpose of this subparagraph, 

a business shall not be considered legitimate if it engages 

directly or indirectly in prostitution, trafficking in minors, or 

any other activity that is illegal under Federal or local law. 

The determinations of whether a business is legitimate and 

to what extent, if any, it may require alien workers to supplement the resident workforce, shall be made by the Secretary 

of Homeland Security, in the Secretary’s sole discretion. 

‘‘(B) If the Secretary of Labor determines that such an 

extension is necessary to ensure an adequate number of workers 

for legitimate businesses in the Commonwealth, the Secretary 

of Labor may, through notice published in the Federal Register, 

provide for an additional extension period of up to 5 years. 

‘‘(C) In making the determination of whether alien workers 

are necessary to ensure an adequate number of workers for 

legitimate businesses in the Commonwealth, and if so, the 

number of such workers that are necessary, the Secretary of 

Labor may consider, among other relevant factors— 

‘‘(i) government, industry, or independent workforce 

studies reporting on the need, or lack thereof, for alien 

workers in the Commonwealth’s businesses; 

‘‘(ii) the unemployment rate of United States citizen 

workers residing in the Commonwealth; 

‘‘(iii) the unemployment rate of aliens in the Commonwealth who have been lawfully admitted for permanent 

residence; 

‘‘(iv) the number of unemployed alien workers in the 

Commonwealth; 

‘‘(v) any good faith efforts to locate, educate, train, 

or otherwise prepare United States citizen residents, lawful 

permanent residents, and unemployed alien workers 

already within the Commonwealth, to assume those jobs; 

‘‘(vi) any available evidence tending to show that 

United States citizen residents, lawful permanent residents, and unemployed alien workers already in the 

Commonwealth are not willing to accept jobs of the type 

offered; 

‘‘(vii) the extent to which admittance of alien workers 

will affect the compensation, benefits, and living standards 

of existing workers within those industries and other industries authorized to employ alien workers; and 

‘‘(viii) the prior use, if any, of alien workers to fill 

those industry jobs, and whether the industry requires 

alien workers to fill those jobs. 

‘‘(6) The Secretary of Homeland Security may authorize 

the admission of a spouse or minor child accompanying or 

following to join a worker admitted pursuant to this subsection. 

‘‘(e) PERSONS LAWFULLY ADMITTED UNDER THE COMMONWEALTH

IMMIGRATION LAW.— 

‘‘(1) PROHIBITION ON REMOVAL.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), no 

alien who is lawfully present in the Commonwealth pursuant to the immigration laws of the Commonwealth on the 

transition program effective date shall be removed from 

the United States on the grounds that such alien’s presence 

in the Commonwealth is in violation of section 212(a)(6)(A) 

Notice. 

Federal Register, 

publication. 


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of the Immigration and Nationality Act (8 U.S.C. 

1182(a)(6)(A)), until the earlier of the date— 

‘‘(i) of the completion of the period of the alien’s 

admission under the immigration laws of the Commonwealth; or 

‘‘(ii) that is 2 years after the transition program 

effective date. 

‘‘(B) LIMITATIONS.—Nothing in this subsection shall be 

construed to prevent or limit the removal under subparagraph 212(a)(6)(A) of the Immigration and Nationality Act 

(8 U.S.C. 1182(a)(6)(A)) of such an alien at any time, if 

the alien entered the Commonwealth after the date of 

enactment of the Consolidated Natural Resources Act of 

2008, and the Secretary of Homeland Security has determined that the Government of the Commonwealth has 

violated section 702(i) of the Consolidated Natural 

Resources Act of 2008. 

‘‘(2) EMPLOYMENT AUTHORIZATION.—An alien who is lawfully present and authorized to be employed in the Commonwealth pursuant to the immigration laws of the Commonwealth 

on the transition program effective date shall be considered 

authorized by the Secretary of Homeland Security to be 

employed in the Commonwealth until the earlier of the date— 

‘‘(A) of expiration of the alien’s employment authorization under the immigration laws of the Commonwealth; 

or 

‘‘(B) that is 2 years after the transition program effective date. 

‘‘(3) REGISTRATION.—The Secretary of Homeland Security 

may require any alien present in the Commonwealth on or 

after the transition period effective date to register with the 

Secretary in such a manner, and according to such schedule, 

as he may in his discretion require. Paragraphs (1) and (2) 

of this subsection shall not apply to any alien who fails to 

comply with such registration requirement. Notwithstanding 

any other law, the Government of the Commonwealth shall 

provide to the Secretary all Commonwealth immigration records 

or other information that the Secretary deems necessary to 

assist the implementation of this paragraph or other provisions 

of the Consolidated Natural Resources Act of 2008. Nothing 

in this paragraph shall modify or limit section 262 of the 

Immigration and Nationality Act (8 U.S.C. 1302) or other provision of the Immigration and Nationality Act relating to the 

registration of aliens. 

‘‘(4) REMOVABLE ALIENS.—Except as specifically provided 

in paragraph (1)(A) of this subsection, nothing in this subsection 

shall prohibit or limit the removal of any alien who is removable 

under the Immigration and Nationality Act. 

‘‘(5) PRIOR ORDERS OF REMOVAL.—The Secretary of Homeland Security may execute any administratively final order 

of exclusion, deportation or removal issued under authority 

of the immigration laws of the United States before, on, or 

after the transition period effective date, or under authority 

of the immigration laws of the Commonwealth before the transition period effective date, upon any subject of such order found 

in the Commonwealth on or after the transition period effective 

date, regardless whether the alien has previously been removed 

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from the United States or the Commonwealth pursuant to 

such order. 

‘‘(f) EFFECT ON OTHER LAWS.—The provisions of this section 

and of the immigration laws, as defined in section 101(a)(17) of 

the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), shall, 

on the transition program effective date, supersede and replace 

all laws, provisions, or programs of the Commonwealth relating 

to the admission of aliens and the removal of aliens from the 

Commonwealth. 

‘‘(g) ACCRUAL OF TIME FOR PURPOSES OF SECTION 212(A)(9)(B) 

OF THE IMMIGRATION AND NATIONALITY ACT.—No time that an 

alien is present in the Commonwealth in violation of the immigration laws of the Commonwealth shall be counted for purposes 

of inadmissibility under section 212(a)(9)(B) of the Immigration 

and Nationality Act (8 U.S.C. 1182(a)(9)(B)). 

‘‘(h) REPORT ON NONRESIDENT GUESTWORKER POPULATION.— The Secretary of the Interior, in consultation with the Secretary 

of Homeland Security, and the Governor of the Commonwealth, 

shall report to the Congress not later than 2 years after the date 

of enactment of the Consolidated Natural Resources Act of 2008. 

The report shall include— 

‘‘(1) the number of aliens residing in the Commonwealth; 

‘‘(2) a description of the legal status (under Federal law) 

of such aliens; 

‘‘(3) the number of years each alien has been residing 

in the Commonwealth; 

‘‘(4) the current and future requirements of the Commonwealth economy for an alien workforce; and 

‘‘(5) such recommendations to the Congress, as the Secretary may deem appropriate, related to whether or not the 

Congress should consider permitting lawfully admitted guest 

workers lawfully residing in the Commonwealth on such enactment date to apply for long-term status under the immigration 

and nationality laws of the United States.’’. 

(b) WAIVER OF REQUIREMENTS FOR NONIMMIGRANT VISITORS.— The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 

amended— 

(1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))— 

(A) by striking ‘‘Guam’’ each place such term appears 

and inserting ‘‘Guam or the Commonwealth of the Northern 

Mariana Islands’’; and 

(B) by striking ‘‘fifteen’’ and inserting ‘‘45’’; 

(2) in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by 

amending clause (iii) to read as follows: 

‘‘(iii) GUAM AND NORTHERN MARIANA ISLANDS VISA

WAIVER.—For provision authorizing waiver of clause 

(i) in the case of visitors to Guam or the Commonwealth 

of the Northern Mariana Islands, see subsection (l).’’; 

and 

(3) by amending section 212(l) (8 U.S.C. 1182(l)) to read 

as follows: 

‘‘(l) GUAM AND NORTHERN MARIANA ISLANDS VISA WAIVER PROGRAM.— 

‘‘(1) IN GENERAL.—The requirement of subsection (a)(7)(B)(i) 

may be waived by the Secretary of Homeland Security, in 

the case of an alien applying for admission as a nonimmigrant 

visitor for business or pleasure and solely for entry into and 


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stay in Guam or the Commonwealth of the Northern Mariana 

Islands for a period not to exceed 45 days, if the Secretary 

of Homeland Security, after consultation with the Secretary 

of the Interior, the Secretary of State, the Governor of Guam 

and the Governor of the Commonwealth of the Northern Mariana Islands, determines that— 

‘‘(A) an adequate arrival and departure control system 

has been developed in Guam and the Commonwealth of 

the Northern Mariana Islands; and 

‘‘(B) such a waiver does not represent a threat to 

the welfare, safety, or security of the United States or 

its territories and commonwealths. 

‘‘(2) ALIEN WAIVER OF RIGHTS.—An alien may not be provided a waiver under this subsection unless the alien has 

waived any right— 

‘‘(A) to review or appeal under this Act an immigration 

officer’s determination as to the admissibility of the alien 

at the port of entry into Guam or the Commonwealth 

of the Northern Mariana Islands; or 

‘‘(B) to contest, other than on the basis of an application 

for withholding of removal under section 241(b)(3) of this 

Act or under the Convention Against Torture, or an application for asylum if permitted under section 208, any action 

for removal of the alien. 

‘‘(3) REGULATIONS.—All necessary regulations to implement 

this subsection shall be promulgated by the Secretary of Homeland Security, in consultation with the Secretary of the Interior 

and the Secretary of State, on or before the 180th day after 

the date of enactment of the Consolidated Natural Resources 

Act of 2008. The promulgation of such regulations shall be 

considered a foreign affairs function for purposes of section 

553(a) of title 5, United States Code. At a minimum, such 

regulations should include, but not necessarily be limited to— 

‘‘(A) a listing of all countries whose nationals may 

obtain the waiver also provided by this subsection, except 

that such regulations shall provide for a listing of any 

country from which the Commonwealth has received a 

significant economic benefit from the number of visitors 

for pleasure within the one-year period preceding the date 

of enactment of the Consolidated Natural Resources Act 

of 2008, unless the Secretary of Homeland Security determines that such country’s inclusion on such list would 

represent a threat to the welfare, safety, or security of 

the United States or its territories; and 

‘‘(B) any bonding requirements for nationals of some 

or all of those countries who may present an increased 

risk of overstays or other potential problems, if different 

from such requirements otherwise provided by law for nonimmigrant visitors. 

‘‘(4) FACTORS.—In determining whether to grant or continue 

providing the waiver under this subsection to nationals of any 

country, the Secretary of Homeland Security, in consultation 

with the Secretary of the Interior and the Secretary of State, 

shall consider all factors that the Secretary deems relevant, 

including electronic travel authorizations, procedures for 

reporting lost and stolen passports, repatriation of aliens, rates 

Deadline. 


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of refusal for nonimmigrant visitor visas, overstays, exit systems, and information exchange. 

‘‘(5) SUSPENSION.—The Secretary of Homeland Security 

shall monitor the admission of nonimmigrant visitors to Guam 

and the Commonwealth of the Northern Mariana Islands under 

this subsection. If the Secretary determines that such admissions have resulted in an unacceptable number of visitors from 

a country remaining unlawfully in Guam or the Commonwealth 

of the Northern Mariana Islands, unlawfully obtaining entry 

to other parts of the United States, or seeking withholding 

of removal or asylum, or that visitors from a country pose 

a risk to law enforcement or security interests of Guam or 

the Commonwealth of the Northern Mariana Islands or of 

the United States (including the interest in the enforcement 

of the immigration laws of the United States), the Secretary 

shall suspend the admission of nationals of such country under 

this subsection. The Secretary of Homeland Security may in 

the Secretary’s discretion suspend the Guam and Northern 

Mariana Islands visa waiver program at any time, on a countryby-country basis, for other good cause. 

‘‘(6) ADDITION OF COUNTRIES.—The Governor of Guam and 

the Governor of the Commonwealth of the Northern Mariana 

Islands may request the Secretary of the Interior and the 

Secretary of Homeland Security to add a particular country 

to the list of countries whose nationals may obtain the waiver 

provided by this subsection, and the Secretary of Homeland 

Security may grant such request after consultation with the 

Secretary of the Interior and the Secretary of State, and may 

promulgate regulations with respect to the inclusion of that 

country and any special requirements the Secretary of Homeland Security, in the Secretary’s sole discretion, may impose 

prior to allowing nationals of that country to obtain the waiver 

provided by this subsection.’’. 

(c) SPECIAL NONIMMIGRANT CATEGORIES FOR GUAM AND THE

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.—The Governor of Guam and the Governor of the Commonwealth of the 

Northern Mariana Islands (referred to in this subsection as ‘‘CNMI’’) 

may request that the Secretary of Homeland Security study the 

feasibility of creating additional Guam or CNMI-only nonimmigrant 

visas to the extent that existing nonimmigrant visa categories under 

the Immigration and Nationality Act do not provide for the type 

of visitor, the duration of allowable visit, or other circumstance. 

The Secretary of Homeland Security may review such a request, 

and, after consultation with the Secretary of State and the Secretary 

of the Interior, shall issue a report to the Committee on Energy 

and Natural Resources and the Committee on the Judiciary of 

the Senate and the Committee on Natural Resources and the Committee on the Judiciary of the House of Representatives with respect 

to the feasibility of creating those additional Guam or CNMI-only 

visa categories. Consideration of such additional Guam or CNMIonly visa categories may include, but are not limited to, special 

nonimmigrant statuses for investors, students, and retirees, but 

shall not include nonimmigrant status for the purpose of employment in Guam or the CNMI. 

(d) INSPECTION OF PERSONS ARRIVING FROM THE COMMON- WEALTH OF THE NORTHERN MARIANA ISLANDS; GUAM AND NORTHERN

MARIANA ISLANDS-ONLY VISAS NOT VALID FOR ENTRY INTO OTHER


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PARTS OF THE UNITED STATES.—Section 212(d)(7) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(7)) is amended by 

inserting ‘‘the Commonwealth of the Northern Mariana Islands,’’ 

after ‘‘Guam,’’. 

(e) TECHNICAL ASSISTANCE PROGRAM.— 

(1) IN GENERAL.—The Secretary of the Interior, in consultation with the Governor of the Commonwealth, the Secretary 

of Labor, and the Secretary of Commerce, and as provided 

in the Interagency Agreements required to be negotiated under 

section 6(a)(4) of the Joint Resolution entitled ‘‘A Joint Resolution to approve the ‘Covenant To Establish a Commonwealth 

of the Northern Mariana Islands in Political Union with the 

United States of America’, and for other purposes’’, approved 

March 24, 1976 (Public Law 94–241), as added by subsection 

(a), shall provide— 

(A) technical assistance and other support to the 

Commonwealth to identify opportunities for, and encourage 

diversification and growth of, the economy of the Commonwealth; 

(B) technical assistance, including assistance in 

recruiting, training, and hiring of workers, to assist 

employers in the Commonwealth in securing employees 

first from among United States citizens and nationals resident in the Commonwealth and if an adequate number 

of such workers are not available, from among legal permanent residents, including lawfully admissible citizens of 

the freely associated states; and 

(C) technical assistance, including assistance to identify types of jobs needed, identify skills needed to fulfill 

such jobs, and assistance to Commonwealth educational 

entities to develop curricula for such job skills to include 

training teachers and students for such skills. 

(2) CONSULTATION.—In providing such technical assistance 

under paragraph (1), the Secretaries shall— 

(A) consult with the Government of the Commonwealth, local businesses, regional banks, educational 

institutions, and other experts in the economy of the 

Commonwealth; and 

(B) assist in the development and implementation of 

a process to identify opportunities for and encourage diversification and growth of the economy of the Commonwealth 

and to identify and encourage opportunities to meet the 

labor needs of the Commonwealth. 

(3) COST-SHARING.—For the provision of technical assistance or support under this paragraph (other than that required 

to pay the salaries and expenses of Federal personnel), the 

Secretary of the Interior shall require a non-Federal matching 

contribution of 10 percent. 

(f) OPERATIONS.— 

(1) ESTABLISHMENT.—At any time on and after the date 

of enactment of this Act, the Attorney General, Secretary of 

Homeland Security, and the Secretary of Labor may establish 

and maintain offices and other operations in the Commonwealth 

for the purpose of carrying out duties under— 

(A) the Immigration and Nationality Act (8 U.S.C. 

1101 et seq.); and 

48 USC 1808. 

48 USC 1807. 


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(B) the transition program established under section 

6 of the Joint Resolution entitled ‘‘A Joint Resolution to 

approve the ‘Covenant to Establish a Commonwealth of 

the Northern Mariana Islands in Political Union with the 

United States of America’, and for other purposes’’, 

approved March 24, 1976 (Public Law 94–241), as added 

by subsection (a). 

(2) PERSONNEL.—To the maximum extent practicable and 

consistent with the satisfactory performance of assigned duties 

under applicable law, the Attorney General, Secretary of Homeland Security, and the Secretary of Labor shall recruit and 

hire personnel from among qualified United States citizens 

and national applicants residing in the Commonwealth to serve 

as staff in carrying out operations described in paragraph (1). 

(g) CONFORMING AMENDMENTS TO PUBLIC LAW 94–241.— 

(1) AMENDMENTS.—Public Law 94–241 is amended as follows: 

(A) In section 503 of the covenant set forth in section 

1, by striking subsection (a) and redesignating subsections 

(b) and (c) as subsections (a) and (b), respectively. 

(B) By striking section 506 of the covenant set forth 

in section 1. 

(C) In section 703(b) of the covenant set forth in section 

1, by striking ‘‘quarantine, passport, immigration and naturalization’’ and inserting ‘‘quarantine and passport’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect on the transition program effective date 

described in section 6 of Public Law 94–241 (as added by 

subsection (a)). 

(h) REPORTS TO CONGRESS.— 

(1) IN GENERAL.—Not later than March 1 of the first year 

that is at least 2 full years after the date of enactment of 

this subtitle, and annually thereafter, the President shall 

submit to the Committee on Energy and Natural Resources 

and the Committee on the Judiciary of the Senate and the 

Committee on Natural Resources and the Committee on the 

Judiciary of the House of Representatives a report that evaluates the overall effect of the transition program established 

under section 6 of the Joint Resolution entitled ‘‘A Joint Resolution to approve the ‘Covenant To Establish a Commonwealth 

of the Northern Mariana Islands in Political Union with the 

United States of America’, and for other purposes’’, approved 

March 24, 1976 (Public Law 94–241), as added by subsection 

(a), and the Immigration and Nationality Act (8 U.S.C. 1101 

et seq.) on the Commonwealth. 

(2) CONTENTS.—In addition to other topics otherwise 

required to be included under this subtitle or the amendments 

made by this subtitle, each report submitted under paragraph 

(1) shall include a description of the efforts that have been 

undertaken during the period covered by the report to diversify 

and strengthen the local economy of the Commonwealth, 

including efforts to promote the Commonwealth as a tourist 

destination. The report by the President shall include an estimate for the numbers of nonimmigrant workers described under 

section 101(a)(15)(H) of the Immigration and Nationality Act 

(8 U.S.C. 1101(a)(15)(H)) necessary to avoid adverse economic 

effects in Guam and the Commonwealth. 

48 USC 1806 

note. 

President. 

48 USC 1806 

note. 

48 USC 1801 

note. 

48 USC 1801 

note. 


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(3) GAO REPORT.—The Government Accountability Office 

shall submit a report to the Congress not later than 2 years 

after the date of enactment of this Act, to include, at a minimum, the following items: 

(A) An assessment of the implementation of this subtitle and the amendments made by this subtitle, including 

an assessment of the performance of Federal agencies and 

the Government of the Commonwealth in meeting congressional intent. 

(B) An assessment of the short-term and long-term 

impacts of implementation of this subtitle and the amendments made by this subtitle on the economy of the 

Commonwealth, including its ability to obtain workers to 

supplement its resident workforce and to maintain access 

to its tourists and customers, and any effect on compliance 

with United States treaty obligations mandating nonrefoulement for refugees. 

(C) An assessment of the economic benefit of the investors ‘‘grandfathered’’ under subsection (c) of section 6 of 

the Joint Resolution entitled ‘‘A Joint Resolution to approve 

the ‘Covenant To Establish a Commonwealth of the 

Northern Mariana Islands in Political Union with the 

United States of America’, and for other purposes’’, 

approved March 24, 1976 (Public Law 94–241), as added 

by subsection (a), and the Commonwealth’s ability to 

attract new investors after the date of enactment of this 

Act. 

(D) An assessment of the number of illegal aliens in 

the Commonwealth, including any Federal and Commonwealth efforts to locate and repatriate them. 

(4) REPORTS BY THE LOCAL GOVERNMENT.—The Governor 

of the Commonwealth may submit an annual report to the 

President on the implementation of this subtitle, and the 

amendments made by this subtitle, with recommendations for 

future changes. The President shall forward the Governor’s 

report to the Congress with any Administration comment after 

an appropriate period of time for internal review, provided 

that nothing in this paragraph shall be construed to require 

the President to provide any legislative recommendation to 

the Congress. 

(5) REPORT ON FEDERAL PERSONNEL AND RESOURCE

REQUIREMENTS.—Not later than 180 days after the date of 

enactment of this Act, the Secretary of Homeland Security, 

after consulting with the Secretary of the Interior and other 

departments and agencies as may be deemed necessary, shall 

submit a report to the Committee on Natural Resources, the 

Committee on Homeland Security, and the Committee on the 

Judiciary of the House of Representatives, and to the Committee on Energy and Natural Resources, the Committee on 

Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate, on the current and 

planned levels of Transportation Security Administration, 

United States Customs and Border Protection, United States 

Immigration and Customs Enforcement, United States Citizenship and Immigration Services, and United States Coast Guard 

President. 

48 USC 1806 

note. 


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personnel and resources necessary for fulfilling mission requirements on Guam and the Commonwealth in a manner comparable to the level provided at other similar ports of entry 

in the United States. In fulfilling this reporting requirement, 

the Secretary shall consider and anticipate the increased 

requirements due to the proposed realignment of military forces 

on Guam and in the Commonwealth and growth in the tourism 

sector. 

(i) REQUIRED ACTIONS PRIOR TO TRANSITION PROGRAM EFFEC- TIVE DATE.—During the period beginning on the date of enactment 

of this Act and ending on the transition program effective date 

described in section 6 of Public Law 94–241 (as added by subsection 

(a)), the Government of the Commonwealth shall— 

(1) not permit an increase in the total number of alien 

workers who are present in the Commonwealth as of the date 

of enactment of this Act; and 

(2) administer its nonrefoulement protection program— 

(A) according to the terms and procedures set forth 

in the Memorandum of Agreement entered into between 

the Commonwealth of the Northern Mariana Islands and 

the United States Department of Interior, Office of Insular 

Affairs, executed on September 12, 2003 (which terms and 

procedures, including but not limited to funding by the 

Secretary of the Interior and performance by the Secretary 

of Homeland Security of the duties of ‘‘Protection Consultant’’ to the Commonwealth, shall have effect on and after 

the date of enactment of this Act), as well as CNMI Public 

Law 13–61 and the Immigration Regulations Establishing 

a Procedural Mechanism for Persons Requesting Protection 

from Refoulement; and 

(B) so as not to remove or otherwise effect the involuntary return of any alien whom the Protection Consultant 

has determined to be eligible for protection from persecution or torture. 

(j) CONFORMING AMENDMENTS TO THE IMMIGRATION AND

NATIONALITY ACT.—The Immigration and Nationality Act (8 U.S.C. 

1101 et seq.) is amended— 

(1) in section 101(a)(15)(D)(ii), by inserting ‘‘or the 

Commonwealth of the Northern Mariana Islands’’ after ‘‘Guam’’ 

each time such term appears; 

(2) in section 101(a)(36), by striking ‘‘and the Virgin Islands 

of the United States’’ and inserting ‘‘the Virgin Islands of 

the United States, and the Commonwealth of the Northern 

Mariana Islands’’; 

(3) in section 101(a)(38), by striking ‘‘and the Virgin Islands 

of the United States’’ and inserting ‘‘the Virgin Islands of 

the United States, and the Commonwealth of the Northern 

Mariana Islands’’; 

(4) in section 208, by adding at the end the following: 

‘‘(e) COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.— 

The provisions of this section and section 209(b) shall apply to 

persons physically present in the Commonwealth of the Northern 

Mariana Islands or arriving in the Commonwealth (whether or 

not at a designated port of arrival and including persons who 

are brought to the Commonwealth after having been interdicted 

in international or United States waters) only on or after January 

1, 2014.’’; and 

Applicability. 

8 USC 1158. 

8 USC 1101. 

48 USC 1806 

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(5) in section 235(b)(1), by adding at the end the following: 

‘‘(G) COMMONWEALTH OF THE NORTHERN MARIANA

ISLANDS.—Nothing in this subsection shall be construed 

to authorize or require any person described in section 

208(e) to be permitted to apply for asylum under section 

208 at any time before January 1, 2014.’’. 

(k) AVAILABILITY OF OTHER NONIMMIGRANT PROFESSIONALS.— 

The requirements of section 212(m)(6)(B) of the Immigration and 

Nationality Act (8 U.S.C. 1182(m)(6)(B)) shall not apply to a facility 

in Guam, the Commonwealth of the Northern Mariana Islands, 

or the Virgin Islands. 

SEC. 703. FURTHER AMENDMENTS TO PUBLIC LAW 94–241. 

Public Law 94–241, as amended, is further amended in section 

4(c)(3) by striking the colon after ‘‘Marshall Islands’’ and inserting 

the following: ‘‘, except that $200,000 in fiscal year 2009 and 

$225,000 annually for fiscal years 2010 through 2018 are hereby 

rescinded; Provided, That the amount rescinded shall be increased 

by the same percentage as that of the annual salary and benefit 

adjustments for Members of Congress’’. 

SEC. 704. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 

be necessary to carry out this subtitle. 

SEC. 705. EFFECTIVE DATE. 

(a) IN GENERAL.—Except as specifically provided in this section 

or otherwise in this subtitle, this subtitle and the amendments 

made by this subtitle shall take effect on the date of enactment 

of this Act. 

(b) AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.— 

The amendments to the Immigration and Nationality Act made 

by this subtitle, and other provisions of this subtitle applying the 

immigration laws (as defined in section 101(a)(17) of Immigration 

and Nationality Act (8 U.S.C. 1101(a)(17))) to the Commonwealth, 

shall take effect on the transition program effective date described 

in section 6 of Public Law 94–241 (as added by section 702(a)), 

unless specifically provided otherwise in this subtitle. 

(c) CONSTRUCTION.—Nothing in this subtitle or the amendments 

made by this subtitle shall be construed to make any residence 

or presence in the Commonwealth before the transition program 

effective date described in section 6 of Public Law 94–241 (as 

added by section 702(a)) residence or presence in the United States, 

except that, for the purpose only of determining whether an alien 

lawfully admitted for permanent residence (as defined in section 

101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(20))) has abandoned or lost such status by reason of absence 

from the United States, such alien’s presence in the Commonwealth 

before, on, or after the date of enactment of this Act shall be 

considered to be presence in the United States. 

48 USC 1806 

note. 

48 USC 1804. 

8 USC 1182 note. 

8 USC 1225. 


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Subtitle B—Northern Mariana Islands 

Delegate 

SEC. 711. DELEGATE TO HOUSE OF REPRESENTATIVES FROM 

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. 

The Commonwealth of the Northern Mariana Islands shall 

be represented in the United States Congress by the Resident 

Representative to the United States authorized by section 901 of 

the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America 

(approved by Public Law 94–241 (48 U.S.C. 1801 et seq.)). The 

Resident Representative shall be a nonvoting Delegate to the House 

of Representatives, elected as provided in this subtitle. 

SEC. 712. ELECTION OF DELEGATE. 

(a) ELECTORS AND TIME OF ELECTION.—The Delegate shall be 

elected— 

(1) by the people qualified to vote for the popularly elected 

officials of the Commonwealth of the Northern Mariana Islands; 

and 

(2) at the Federal general election of 2008 and at such 

Federal general election every 2d year thereafter. 

(b) MANNER OF ELECTION.— 

(1) IN GENERAL.—The Delegate shall be elected at large 

and by a plurality of the votes cast for the office of Delegate. 

(2) EFFECT OF ESTABLISHMENT OF PRIMARY ELECTIONS.— 

Notwithstanding paragraph (1), if the Government of the 

Commonwealth of the Northern Mariana Islands, acting pursuant to legislation enacted in accordance with the Constitution 

of the Commonwealth of the Northern Mariana Islands, provides for primary elections for the election of the Delegate, 

the Delegate shall be elected by a majority of the votes cast 

in any general election for the office of Delegate for which 

such primary elections were held. 

(c) VACANCY.—In case of a permanent vacancy in the office 

of Delegate, the office of Delegate shall remain vacant until a 

successor is elected and qualified. 

(d) COMMENCEMENT OF TERM.—The term of the Delegate shall 

commence on the 3d day of January following the date of the 

election. 

SEC. 713. QUALIFICATIONS FOR OFFICE OF DELEGATE. 

To be eligible for the office of Delegate a candidate shall— 

(1) be at least 25 years of age on the date of the election; 

(2) have been a citizen of the United States for at least 

7 years prior to the date of the election; 

(3) be a resident and domiciliary of the Commonwealth 

of the Northern Mariana Islands for at least 7 years prior 

to the date of the election; 

(4) be qualified to vote in the Commonwealth of the 

Northern Mariana Islands on the date of the election; and 

(5) not be, on the date of the election, a candidate for 

any other office. 

48 USC 1753. 

48 USC 1752. 

48 USC 1751. 


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SEC. 714. DETERMINATION OF ELECTION PROCEDURE. 

Acting pursuant to legislation enacted in accordance with the 

Constitution of the Commonwealth of the Northern Mariana 

Islands, the Government of the Commonwealth of the Northern 

Mariana Islands may determine the order of names on the ballot 

for election of Delegate, the method by which a special election 

to fill a permanent vacancy in the office of Delegate shall be 

conducted, the method by which ties between candidates for the 

office of Delegate shall be resolved, and all other matters of local 

application pertaining to the election and the office of Delegate 

not otherwise expressly provided for in this subtitle. 

SEC. 715. COMPENSATION, PRIVILEGES, AND IMMUNITIES. 

Until the Rules of the House of Representatives are amended 

to provide otherwise, the Delegate from the Commonwealth of the 

Northern Mariana Islands shall receive the same compensation, 

allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities 

are, or hereinafter may be, granted to any other nonvoting Delegate 

to the House of Representatives. 

SEC. 716. LACK OF EFFECT ON COVENANT. 

No provision of this subtitle shall be construed to alter, amend, 

or abrogate any provision of the covenant referred to in section 

711 except section 901 of the covenant. 

SEC. 717. DEFINITION. 

For purposes of this subtitle, the term ‘‘Delegate’’ means the 

Resident Representative referred to in section 711. 

SEC. 718. CONFORMING AMENDMENTS REGARDING APPOINTMENTS 

TO MILITARY SERVICE ACADEMIES BY DELEGATE FROM 

THE COMMONWEALTH OF THE NORTHERN MARIANA 

ISLANDS. 

(a) UNITED STATES MILITARY ACADEMY.—Section 4342(a)(10) 

of title 10, United States Code, is amended by striking ‘‘resident 

representative’’ and inserting ‘‘Delegate in Congress’’. 

(b) UNITED STATES NAVAL ACADEMY.—Section 6954(a)(10) of 

such title is amended by striking ‘‘resident representative’’ and 

inserting ‘‘Delegate in Congress’’. 

(c) UNITED STATES AIR FORCE ACADEMY.—Section 9342(a)(10) 

of such title is amended by striking ‘‘resident representative’’ and 

inserting ‘‘Delegate in Congress’’. 

TITLE VIII—COMPACTS OF FREE 

ASSOCIATION AMENDMENTS 

SEC. 801. APPROVAL OF AGREEMENTS. 

(a) IN GENERAL.—Section 101 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921) is amended— 

(1) in the first sentence of subsection (a), by inserting 

before the period at the end the following: ‘‘, including Article 

X of the Federal Programs and Services Agreement Between 

the Government of the United States and the Government 

of the Federated States of Micronesia, as amended under the 

Agreement to Amend Article X that was signed by those two 

Micronesia. 

Marshall Islands. 

Palau. 

48 USC 1757. 

48 USC 1756. 

48 USC 1755. 

48 USC 1754. 


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Governments on June 30, 2004, which shall serve as the 

authority to implement the provisions thereof’’; and 

(2) in the first sentence of subsection (b), by inserting 

before the period at the end the following: ‘‘, including Article 

X of the Federal Programs and Services Agreement Between 

the Government of the United States and the Government 

of the Republic of the Marshall Islands, as amended under 

the Agreement to Amend Article X that was signed by those 

two Governments on June 18, 2004, which shall serve as the 

authority to implement the provisions thereof’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall be effective as of the date that is 180 days after the date 

of enactment of this Act. 

SEC. 802. FUNDS TO FACILITATE FEDERAL ACTIVITIES. 

Unobligated amounts appropriated before the date of enactment 

of this Act pursuant to section 105(f)(1)(A)(ii) of the Compact of 

Free Association Amendments Act of 2003 shall be available to 

both the United States Agency for International Development and 

the Federal Emergency Management Agency to facilitate each 

agency’s activities under the Federal Programs and Services Agreements. 

SEC. 803. CONFORMING AMENDMENT. 

(a) IN GENERAL.—Section 105(f)(1)(A) of the Compact of Free 

Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(A)) 

is amended to read as follows: 

‘‘(A) EMERGENCY AND DISASTER ASSISTANCE.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), section 

221(a)(6) of the U.S.–FSM Compact and section 

221(a)(5) of the U.S.–RMI Compact shall each be construed and applied in accordance with the two Agreements to Amend Article X of the Federal Programs 

and Service Agreements signed on June 30, 2004, and 

on June 18, 2004, respectively, provided that all activities carried out by the United States Agency for International Development and the Federal Emergency 

Management Agency under Article X of the Federal 

Programs and Services Agreements may be carried 

out notwithstanding any other provision of law. In 

the sections referred to in this clause, the term ‘United 

States Agency for International Development, Office 

of Foreign Disaster Assistance’ shall be construed to 

mean ‘the United States Agency for International 

Development’. 

‘‘(ii) DEFINITION OF WILL PROVIDE FUNDING.—In 

the second sentence of paragraph 12 of each of the 

Agreements described in clause (i), the term ‘will provide funding’ means will provide funding through a 

transfer of funds using Standard Form 1151 or a 

similar document or through an interagency, reimbursable agreement.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall be effective as of the date that is 180 days after the 

date of enactment of this Act. 

48 USC 1921d 

note. 

48 USC 1921 

note. 


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SEC. 804. CLARIFICATIONS REGARDING PALAU. 

Section 105(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended— 

(1) in clause (ii)(II), by striking ‘‘and its territories’’ and 

inserting ‘‘, its territories, and the Republic of Palau’’; 

(2) in clause (iii)(II), by striking ‘‘, or the Republic of the 

Marshall Islands’’ and inserting ‘‘, the Republic of the Marshall 

Islands, or the Republic of Palau’’; and 

(3) in clause (ix)— 

(A) by striking ‘‘Republic’’ both places it appears and 

inserting ‘‘government, institutions, and people’’; 

(B) by striking ‘‘2007’’ and inserting ‘‘2009’’; and 

(C) by striking ‘‘was’’ and inserting ‘‘were’’. 

SEC. 805. AVAILABILITY OF LEGAL SERVICES. 

Section 105(f)(1)(C) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended by inserting 

before the period at the end the following: ‘‘, which shall also 

continue to be available to the citizens of the Federated States 

of Micronesia, the Republic of Palau, and the Republic of the Marshall Islands who legally reside in the United States (including 

territories and possessions)’’. 

SEC. 806. TECHNICAL AMENDMENTS. 

(a) TITLE I.— 

(1) SECTION 177 AGREEMENT.—Section 103(c)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 

1921b(c)(1)) is amended by striking ‘‘section 177’’ and inserting 

‘‘Section 177’’. 

(2) INTERPRETATION AND UNITED STATES POLICY.—Section 

104 of the Compact of Free Association Amendments Act of 

2003 (48 U.S.C. 1921c) is amended— 

(A) in subsection (b)(1), by inserting ‘‘the’’ before ‘‘U.S.– 

RMI Compact,’’; 

(B) in subsection (e)— 

(i) in the matter preceding subparagraph (A) of 

paragraph (8), by striking ‘‘to include’’ and inserting 

‘‘and include’’; 

(ii) in paragraph (9)(A), by inserting a comma after 

‘‘may’’; and 

(iii) in paragraph (10), by striking ‘‘related to 

service’’ and inserting ‘‘related to such services’’; and 

(C) in the first sentence of subsection (j), by inserting 

‘‘the’’ before ‘‘Interior’’. 

(3) SUPPLEMENTAL PROVISIONS.—Section 105(b)(1) of the 

Compact of Free Association Amendments Act of 2003 (48 

U.S.C. 1921d(b)(1)) is amended by striking ‘‘Trust Fund’’ and 

inserting ‘‘Trust Funds’’. 

(b) TITLE II.— 

(1) U.S.–FSM COMPACT.—The Compact of Free Association, 

as amended, between the Government of the United States 

of America and the Government of the Federated States of 

Micronesia (as provided in section 201(a) of the Compact of 

Free Association Amendments Act of 2003 (117 Stat. 2757)) 

is amended— 

(A) in section 174— 

48 USC 1921 

note. 


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(i) in subsection (a), by striking ‘‘courts’’ and 

inserting ‘‘court’’; and 

(ii) in subsection (b)(2), by striking ‘‘the’’ before 

‘‘November’’; 

(B) in section 177(a), by striking ‘‘, or Palau’’ and 

inserting ‘‘(or Palau)’’; 

(C) in section 179(b), by striking ‘‘amended Compact’’ 

and inserting ‘‘Compact, as amended,’’; 

(D) in section 211— 

(i) in the fourth sentence of subsection (a), by 

striking ‘‘Compact, as Amended, of Free Association’’ 

and inserting ‘‘Compact of Free Association, as 

amended’’; 

(ii) in the fifth sentence of subsection (a), by 

striking ‘‘Trust Fund Agreement,’’ and inserting 

‘‘Agreement Between the Government of the United 

States of America and the Government of the Federated States of Micronesia Implementing Section 215 

and Section 216 of the Compact, as Amended, 

Regarding a Trust Fund (Trust Fund Agreement),’’; 

(iii) in subsection (b)— 

(I) in the first sentence, by striking ‘‘Government of the’’ before ‘‘Federated’’; and 

(II) in the second sentence, by striking ‘‘Sections 321 and 323 of the Compact of Free Association, as Amended’’ and inserting ‘‘Sections 211(b), 

321, and 323 of the Compact of Free Association, 

as amended,’’; and 

(iv) in the last sentence of subsection (d), by 

inserting before the period at the end the following: 

‘‘and the Federal Programs and Services Agreement 

referred to in section 231’’; 

(E) in the first sentence of section 215(b), by striking 

‘‘subsection(a)’’ and inserting ‘‘subsection (a)’’; 

(F) in section 221— 

(i) in subsection (a)(6), by inserting ‘‘(Federal 

Emergency Management Agency)’’ after ‘‘Homeland 

Security’’; and 

(ii) in the first sentence of subsection (c), by 

striking ‘‘agreements’’ and inserting ‘‘agreement’’; 

(G) in the second sentence of section 222, by inserting 

‘‘in’’ after ‘‘referred to’’; 

(H) in the second sentence of section 232, by striking 

‘‘sections 102 (c)’’ and all that follows through ‘‘January 

14, 1986)’’ and inserting ‘‘section 102(b) of Public Law 

108–188, 117 Stat. 2726, December 17, 2003’’; 

(I) in the second sentence of section 252, by inserting 

‘‘, as amended,’’ after ‘‘Compact’’; 

(J) in the first sentence of the first undesignated paragraph of section 341, by striking ‘‘Section 141’’ and inserting 

‘‘section 141’’; 

(K) in section 342— 

(i) in subsection (a), by striking ‘‘14 U.S.C. 195’’ 

and inserting ‘‘section 195 of title 14, United States 

Code’’; and 

(ii) in subsection (b)— 


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(I) by striking ‘‘46 U.S.C. 1295(b)(6)’’ and 

inserting ‘‘section 1303(b)(6) of the Merchant 

Marine Act, 1936 (46 U.S.C. 1295b(b)(6))’’; and 

(II) by striking ‘‘46 U.S.C. 1295b(b)(6)(C)’’ and 

inserting ‘‘section 1303(b)(6)(C) of that Act’’; 

(L) in the third sentence of section 354(a), by striking 

‘‘section 442 and 452’’ and inserting ‘‘sections 442 and 

452’’; 

(M) in section 461(h), by striking ‘‘Telecommunications’’ 

and inserting ‘‘Telecommunication’’; 

(N) in section 462(b)(4), by striking ‘‘of Free Association’’ the second place it appears; and 

(O) in section 463(b), by striking ‘‘Articles IV’’ and 

inserting ‘‘Article IV’’. 

(2) U.S.–RMI COMPACT.—The Compact of Free Association, 

as amended, between the Government of the United States 

of America and the Government of the Republic of the Marshall 

Islands (as provided in section 201(b) of the Compact of Free 

Association Amendments Act of 2003 (117 Stat. 2795)) is 

amended— 

(A) in section 174(a), by striking ‘‘court’’ and inserting 

‘‘courts’’; 

(B) in section 177(a), by striking the comma before 

‘‘(or Palau)’’; 

(C) in section 179(b), by striking ‘‘amended Compact,’’ 

and inserting ‘‘Compact, as amended,’’; 

(D) in section 211— 

(i) in the fourth sentence of subsection (a), by 

striking ‘‘Compact, as Amended, of Free Association’’ 

and inserting ‘‘Compact of Free Association, as 

amended’’; 

(ii) in the first sentence of subsection (b), by 

striking ‘‘Agreement between the Government of the 

United States and the Government of the Republic 

of the Marshall Islands Regarding Miliary Use and 

Operating Rights’’ and inserting ‘‘Agreement Regarding 

the Military Use and Operating Rights of the Government of the United States in the Republic of the Marshall Islands concluded Pursuant to Sections 321 and 

323 of the Compact of Free Association, as Amended 

(Agreement between the Government of the United 

States and the Government of the Republic of the 

Marshall Islands Regarding Military Use and Operating Rights)’’; and 

(iii) in the last sentence of subsection (e), by 

inserting before the period at the end the following: 

‘‘and the Federal Programs and Services Agreement 

referred to in section 231’’; 

(E) in section 221(a)— 

(i) in the matter preceding paragraph (1), by 

striking ‘‘Section 231’’ and inserting ‘‘section 231’’; and 

(ii) in paragraph (5), by inserting ‘‘(Federal Emergency Management Agency)’’ after ‘‘Homeland Security’’; 

(F) in the second sentence of section 232, by striking 

‘‘sections 103(m)’’ and all that follows through ‘‘(January 

48 USC 1921 

note. 


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122 STAT. 874 PUBLIC LAW 110–229—MAY 8, 2008 

14, 1986)’’ and inserting ‘‘section 103(k) of Public Law 

108–188, 117 Stat. 2734, December 17, 2003’’; 

(G) in the first sentence of section 341, by striking 

‘‘Section 141’’ and inserting ‘‘section 141’’; 

(H) in section 342— 

(i) in subsection (a), by striking ‘‘14 U.S.C. 195’’ 

and inserting ‘‘section 195 of title 14, United States 

Code’’; and 

(ii) in subsection (b)— 

(I) by striking ‘‘46 U.S.C. 1295(b)(6)’’ and 

inserting ‘‘section 1303(b)(6) of the Merchant 

Marine Act, 1936 (46 U.S.C. 1295b(b)(6))’’; and 

(II) by striking ‘‘46 U.S.C. 1295b(b)(6)(C)’’ and 

inserting ‘‘section 1303(b)(6)(C) of that Act’’; 

(I) in the third sentence of section 354(a), by striking 

‘‘section 442 and 452’’ and inserting ‘‘sections 442 and 

452’’; 

(J) in the first sentence of section 443, by inserting 

‘‘, as amended.’’ after ‘‘the Compact’’; 

(K) in the matter preceding paragraph (1) of section 

461(h)— 

(i) by striking ‘‘1978’’ and inserting ‘‘1998’’; and 

(ii) by striking ‘‘Telecommunications’’ and inserting 

‘‘Telecommunication Union’’; and 

(L) in section 463(b), by striking ‘‘Article’’ and inserting 

‘‘Articles’’. 

SEC. 807. TRANSMISSION OF VIDEOTAPE PROGRAMMING. 

Section 111(e)(2) of title 17, United States Code, is amended 

by striking ‘‘or the Trust Territory of the Pacific Islands’’ and 

inserting ‘‘the Federated States of Micronesia, the Republic of Palau, 

or the Republic of the Marshall Islands’’. 

SEC. 808. PALAU ROAD MAINTENANCE. 

The Government of the Republic of Palau may deposit the 

payment otherwise payable to the Government of the United States 

under section 111 of Public Law 101–219 (48 U.S.C. 1960) into 

a trust fund if— 

(1) the earnings of the trust fund are expended solely 

for maintenance of the road system constructed pursuant to 

section 212 of the Compact of Free Association between the 

Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note); and 

(2) the trust fund is established and operated pursuant 

to an agreement entered into between the Government of the 

United States and the Government of the Republic of Palau. 

SEC. 809. CLARIFICATION OF TAX-FREE STATUS OF TRUST FUNDS. 

In the U.S.–RMI Compact, the U.S.–FSM Compact, and their 

respective trust fund subsidiary agreements, for the purposes of 

taxation by the United States or its subsidiary jurisdictions, the 

term ‘‘State’’ means ‘‘State, territory, or the District of Columbia’’. 

SEC. 810. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS. 

(a) TRANSFERS BY GRANT.—The President is authorized to 

transfer vessels to foreign countries on a grant basis under section 

President. 

48 USC 1921 

note. 

48 USC 1960 

note. 


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PUBLIC LAW 110–229—MAY 8, 2008 122 STAT. 875 

516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as 

follows: 

(1) TURKEY.—To the Government of Turkey— 

(A) the OLIVER HAZARD PERRY class guided missile 

frigates GEORGE PHILIP (FFG–12) and SIDES (FFG– 

14); and 

(B) the OSPREY class minehunter coastal ship 

BLACKHAWK (MHC–58). 

(2) LITHUANIA.—To the Government of Lithuania, the 

OSPREY class minehunter coastal ships CORMORANT (MHC– 

57) and KINGFISHER (MHC–56). 

(b) TRANSFERS BY SALE.—The President is authorized to 

transfer vessels to foreign recipients on a sale basis under section 

21 of the Arms Export Control Act (22 U.S.C. 2761), as follows: 

(1) TAIWAN.—To the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan 

instrumentality designated pursuant to section 10(a) of the 

Taiwan Relations Act (22 U.S.C. 3309(a))), the OSPREY class 

minehunter coastal ships ORIOLE (MHC–55) and FALCON 

(MHC–59). 

(2) TURKEY.—To the Government of Turkey, the OSPREY 

class minehunter coastal ship SHRIKE (MHC–62). 

(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED

EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to 

a recipient on a grant basis pursuant to authority provided by 

subsection (a) shall not be counted against the aggregate value 

of excess defense articles transferred in any fiscal year under section 

516(g) of the Foreign Assistance Act of 1961. 

(d) COSTS OF TRANSFERS.—Any expense incurred by the United 

States in connection with a transfer authorized by this section 

shall be charged to the recipient. 

(e) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.—To the maximum extent practicable, the President shall 

require, as a condition of the transfer of a vessel under this section, 

that the recipient to which the vessel is transferred have such 

repair or refurbishment of the vessel as is needed before the vessel 

joins the naval forces of the recipient performed at a shipyard 

located in the United States, including a United States Navy shipyard. 


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122 STAT. 876 PUBLIC LAW 110–229—MAY 8, 2008 

LEGISLATIVE HISTORY—S. 2739: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Apr. 10, considered and passed Senate. 

Apr. 29, considered and passed House. 

Æ 

(f) EXPIRATION OF AUTHORITY.—The authority to transfer a 

vessel under this section shall expire at the end of the 2-year 

period beginning on the date of enactment of this Act. 

Approved May 8, 2008. 


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