In the Senate of the United States,

May 1, 1996.

Resolved, That the bill from the House of Representatives (H.R. 1296) entitled ‘‘An Act to provide for the administration of certain Presidio properties at minimal cost to the

Federal taxpayer.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 TITLE I—THE PRESIDIO OF SAN

2 FRANCISCO

3 SEC. 101. FINDINGS.

4 The Congress finds that—

5 (1) the Presidio, located amidst the incomparable

6 scenic splendor of the Golden Gate, is one of Ameri7 ca’s great natural and historic sites;

8 (2) the Presidio is the oldest continuously oper9 ated military post in the Nation dating from 1776,

10 and was designated a National Historic Landmark in

11 1962;
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1 (3) preservation of the cultural and historic in2 tegrity of the Presidio for public use recognizes its sig3 nificant role in the history of the United States;

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

5 Golden Gate National Recreation Area, in accordance

6 with Public Law 92–589;

7 (5) as part of the Golden Gate National Recre8 ation Area, the Presidio’s significant natural, his9 toric, scenic, cultural, and recreational resources must

10 be managed in a manner which is consistent with

11 sound principles of land use planning and manage12 ment, and which protects the Presidio from develop13 ment and uses which would destroy the scenic beauty

14 and historic and natural character of the area and

15 cultural and recreational resources;

16 (6) removal and/or replacement of some struc17 tures within the Presidio must be considered as a

18 management option in the administration of the Pre19 sidio; and

20 (7) the Presidio will be managed through an in21 novative public/private partnership that minimizes

22 cost to the United States Treasury and makes efficient

23 use of private sector resources.
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1 SEC. 102. AUTHORITY AND RESPONSIBILITY OF THE SEC2 RETARY OF THE INTERIOR.

3 (a) INTERIM AUTHORITY.—The Secretary of the Inte4 rior (hereinafter in this Act referred to as the ‘‘Secretary’’)

5 is authorized to manage leases in existence on the date of

6 this Act for properties under the administrative jurisdiction

7 of the Secretary and located at the Presidio. Upon the expi8 ration of any such lease, the Secretary may extend such

9 lease for a period terminating not later than 6 months after

10 the first meeting of the Presidio Trust. The Secretary may

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

12 to be transferred to the Presidio Trust under this title, how13 ever, the Secretary is authorized to enter into agreements

14 for use and occupancy of the Presidio properties which are

15 assignable to the Trust and are terminable within 30 days

16 notice by the Trust. Prior to the transfer of administrative

17 jurisdiction over any property to the Presidio Trust, and

18 notwithstanding section 1341 of title 31 of the United States

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

20 by the Secretary and such proceeds shall be available, with21 out further appropriation, for the preservation, restoration,

22 operation and maintenance, improvement, repair and re23 lated expenses incurred with respect to Presidio properties.

24 The Secretary may adjust the rental charge on any such

25 lease for any amounts to be expended by the lessee for pres26 ervation, maintenance, restoration, improvement, repair
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1 and related expenses with respect to properties and infra2 structure within the Presidio.

3 (b) PUBLIC INFORMATION AND INTERPRETATION.—

4 The Secretary shall be responsible, in cooperation with the

5 Presidio Trust, for providing public interpretive services,

6 visitor orientation and educational programs on all lands

7 within the Presidio.

8 (c) OTHER.—Those lands and facilities within the Pre9 sidio that are not transferred to the administrative jurisdic10 tion of the Presidio Trust shall continue to be managed by

11 the Secretary. The Secretary and the Presidio Trust shall

12 cooperate to ensure adequate public access to all portions

13 of the Presidio. Any infrastructure and building improve14 ment projects that were funded prior to the enactment of

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

16 (d) PARK SERVICE EMPLOYEES.—(1) Any career em17 ployee of the National Park Service, employed at the Pre18 sidio at the time of the transfer of lands and facilities to

19 the Presidio Trust, shall not be separated from the Service

20 by reason of such transfer, unless such employee is employed

21 by the Trust, other than on detail. The Trust shall have

22 sole discretion over whether to hire any such employee or

23 request a detail of such employee.

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

25 employed at the Presidio on the date of enactment of this
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1 title shall be given priority placement for any available po2 sition within the National Park System notwithstanding

3 any priority reemployment lists, directives, rules, regula4 tions or other orders from the Department of the Interior,

5 the Office of Management and Budget, or other Federal

6 agencies.

7 SEC. 103. ESTABLISHMENT OF THE PRESIDIO TRUST.

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

9 owned government corporation to be known as the Presidio

10 Trust (hereinafter in this title referred to as the ‘‘Trust’’).

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

12 a request from the Trust for the transfer of any parcel with13 in the area depicted as Area B on the map entitled ‘‘Pre14 sidio Trust Number 1’’, dated December 7, 1995, the Sec15 retary shall transfer such parcel to the administrative juris16 diction of the Trust. Within one year after the first meeting

17 of the Board of Directors of the Trust, the Secretary shall

18 transfer to the Trust administrative jurisdiction over all

19 remaining parcels within Area B. Such map shall be on

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

21 Trust and in the offices of the National Park Service, De22 partment of the Interior. The Trust and the Secretary may

23 jointly make technical and clerical revisions in the bound24 ary depicted on such map. The Secretary shall retain juris25 diction over those portions of the building identified as
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1 number 102 as the Secretary deems essential for use as a

2 visitor center. The Building shall be named the ‘‘William

3 Penn Mott Visitor Center’’. Any parcel of land, the jurisdic4 tion over which is transferred pursuant to this subsection,

5 shall remain within the boundary of the Golden Gate Na6 tional Recreation Area. With the consent of the Secretary,

7 the Trust may at any time transfer to the administrative

8 jurisdiction of the Secretary any other properties within the

9 Presidio which are surplus to the needs of the Trust and

10 which serve essential purposes of the Golden Gate National

11 Recreation Area. The Trust is encouraged to transfer to the

12 administrative jurisdiction of the Secretary open space

13 areas which have high public use potential and are contig14 uous to other lands administrated by the Secretary.

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

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

17 determine cooperatively which records, equipment, and

18 other personal property are deemed to be necessary for the

19 immediate administration of the properties to be trans20 ferred, and the Secretary shall immediately transfer such

21 personal property to the Trust. Within one year after the

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

23 Trust and the Secretary shall determine cooperatively what,

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

25 property used by the Secretary in the administration of the
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1 properties to be transferred should be transferred to the

2 Trust.

3 (3) The Secretary shall transfer, with the transfer of

4 administrative jurisdiction over any property, the unobli5 gated balance of all funds appropriated to the Secretary,

6 all leases, concessions, licenses, permits, and other agree7 ments affecting such property.

8 (4) At the request of the Trust, the Secretary shall pro9 vide funds to the Trust for preparation of such plan, hiring

10 of initial staff and other activities deemed by the Trust as

11 essential to the establishment of the Trust prior to the trans12 fer of properties to the Trust.

13 (c) BOARD OF DIRECTORS.—

14 (1) IN GENERAL.—The powers and management

15 of the Trust shall be vested in a Board of Directors

16 (hereinafter referred to as the ‘‘Board’’) consisting of

17 the following 7 members:

18 (A) the Secretary of the Interior or the Sec19 retary’s designee; and

20 (B) six individuals, who are not employees

21 of the Federal Government, appointed by the

22 President, who shall possess extensive knowledge

23 and experience in one or more of the fields of

24 city planning, finance, real estate development,

25 and resource conservation. At least one of these
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1 individuals shall be a veteran of the Armed Serv2 ices. At least 3 of these individuals shall reside

3 in the San Francisco Bay Area. The President

4 shall make the appointments referred to in this

5 subparagraph within 90 days after the enact6 ment of this Act and shall ensure that the fields

7 of city planning, finance, real estate develop8 ment, and resource conservation are adequately

9 represented. Upon establishment of the Trust, the

10 Chairman of the Board of Directors of the Trust

11 shall meet with the Chairman of the Energy and

12 Natural Resources Committee of the United

13 States Senate and the Chairman of the Resources

14 Committee of the United States House of Rep15 resentatives.

16 (2) TERMS.—Members of the Board appointed

17 under paragraph (1)(B) shall each serve for a term

18 of 4 years, except that of the members first appointed,

19 3 shall serve for a term of 2 years. Any vacancy in

20 the Board shall be filled in the same manner in which

21 the original appointment was made, and any member

22 appointed to fill a vacancy shall serve for the remain23 der of the term for which his or her predecessor was

24 appointed. No appointed member may serve more

25 than 8 years in consecutive terms.
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1 (3) QUORUM.—Four members of the Board shall

2 constitute a quorum for the conduct of business by the

3 Board.

4 (4) ORGANIZATION AND COMPENSATION.—The

5 Board shall organize itself in such a manner as it

6 deems most appropriate to effectively carry out the

7 authorized activities of the Trust. Board members

8 shall serve without pay, but may be reimbursed for

9 the actual and necessary travel and subsistence ex10 penses incurred by them in the performance of the du11 ties of the Trust.

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

13 Board of Directors shall not be considered Federal

14 employees by virtue of their membership on the

15 Board, except for purposes of the Federal Tort Claims

16 Act and the Ethics in Government Act, and the provi17 sions of chapter 11 of title 18, United States Code.

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

19 three times per year in San Francisco and at least

20 two of those meetings shall be open to the public.

21 Upon a majority vote, the Board may close any other

22 meetings to the public. The Board shall establish pro23 cedures for providing public information and oppor24 tunities for public comment regarding policy, plan-
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1 ning, and design issues through the Golden Gate Na2 tional Recreation Area Advisory Commission.

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

4 and fix the compensation and duties of an executive

5 director and such other officers and employees as it

6 deems necessary without regard to the provisions of

7 title 5, United States Code, governing appointments

8 in the competitive service, and may pay them without

9 regard to the provisions of chapter 51, and subchapter

10 III of chapter 53, title 5, United States Code, relating

11 to classification and General Schedule pay rates.

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

13 all necessary and proper powers for the exercise of the

14 authorities vested in it.

15 (9) TAXES.—The Trust and all properties ad16 ministered by the Trust shall be exempt from all taxes

17 and special assessments of every kind by the State of

18 California, and its political subdivisions, including

19 the City and County of San Francisco.

20 (10) GOVERNMENT CORPORATION.—(A) The

21 Trust shall be treated as a wholly owned Government

22 corporation subject to chapter 91 of title 31, United

23 States Code (commonly referred to as the Government

24 Corporation Control Act). Financial statements of the
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1 Trust shall be audited annually in accordance with

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

3 (B) At the end of each calendar year, the

4 Trust shall submit to the Committee on Energy

5 and Natural Resources of the United States Sen6 ate and the Committee on Resources of the House

7 of Representatives a comprehensive and detailed

8 report of its operations, activities, and accom9 plishments for the prior fiscal year. The report

10 also shall include a section that describes in gen11 eral terms the Trust’s goals for the current fiscal

12 year.

13 SEC. 104. DUTIES AND AUTHORITIES OF THE TRUST.

14 (a) OVERALL REQUIREMENTS OF THE TRUST.—The

15 Trust shall manage the leasing, maintenance, rehabilita16 tion, repair and improvement of property within the Pre17 sidio under its administrative jurisdiction using the au18 thorities provided in this section, which shall be exercised

19 in accordance with the purposes set forth in section 1 of

20 the Act entitled ‘‘An Act to establish the Golden Gate Na21 tional Recreation Area in the State of California, and for

22 other purposes’’, approved October 27, 1972 (Public Law

23 92–589; 86 Stat. 1299; 16 U.S.C. 460bb), and in accordance

24 with the general objectives of the General Management Plan
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1 (hereinafter referred to as the ‘‘management plan’’) ap2 proved for the Presidio.

3 (b) The Trust may participate in the development of

4 programs and activities at the properties transferred to the

5 Trust. The Trust shall have the authority to negotiate and

6 enter into such agreements, leases, contracts and other ar7 rangements with any person, firm, association, organiza8 tion, corporation or governmental entity, including, with9 out limitation, entities of Federal, State and local govern10 ments as are necessary and appropriate to finance and

11 carry out its authorized activities. Any such agreement may

12 be entered into without regard to section 321 of the Act of

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

14 procedures for lease agreements and other agreements for

15 use and occupancy of Presidio facilities, including a re16 quirement that in entering into such agreements the Trust

17 shall obtain reasonable competition. The Trust may not dis18 pose of or convey fee title to any real property transferred

19 to it under this title. Federal laws and regulations govern20 ing procurement by Federal agencies shall not apply to the

21 Trust. The Trust, in consultation with the Administrator

22 of Federal Procurement Policy, shall establish and promul23 gate procedures applicable to the Trust’s procurement of

24 goods and services including, but not limited to, the award

25 of contracts on the basis of contractor qualifications, price,
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1 commercially reasonable buying practices, and reasonable

2 competition. Such procedures shall conform to laws and reg3 ulations related to Federal government contracts governing

4 working conditions and wage scales, including the provi5 sions of sections 276a–276a–6 of title 40, United States

6 Code (Davis-Bacon Act).

7 (c) The Trust shall develop a comprehensive program

8 for management of those lands and facilities within the Pre9 sidio which are transferred to the administrative jurisdic10 tion of the Trust. Such program shall be designed to reduce

11 expenditures by the National Park Service and increase rev12 enues to the Federal Government to the maximum extent

13 possible. In carrying out this program, the Trust shall be

14 treated as a successor in interest to the National Park Serv15 ice with respect to compliance with the National Environ16 mental Policy Act and other environmental compliance

17 statutes. Such program shall consist of—

18 (1) demolition of structures which in the opinion

19 of the Trust, cannot be cost-effectively rehabilitated,

20 and which are identified in the management plan for

21 demolition,

22 (2) evaluation for possible demolition or replace23 ment those buildings identified as categories 2

24 through 5 in the Presidio of San Francisco Historic
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1 Landmark District Historic American Buildings Sur2 vey Report, dated 1985,

3 (3) new construction limited to replacement of

4 existing structures of similar size in existing areas of

5 development, and

6 (4) examination of a full range of reasonable op7 tions for carrying out routine administrative and fa8 cility management programs.

9 The Trust shall consult with the Secretary in the prepara10 tion of this program.

11 (d) To augment or encourage the use of non-Federal

12 funds to finance capital improvements on Presidio prop13 erties transferred to its jurisdiction, the Trust, in addition

14 to its other authorities, shall have the following authorities

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

16 661 et seq.):

17 (1) The authority to guarantee any lender

18 against loss of principal or interest on any loan: Pro19 vided, That—

20 (A) the terms of the guarantee are approved

21 by the Secretary of the Treasury;

22 (B) adequate subsidy budget authority is

23 provided in advance in appropriations Acts; and

24 (C) such guarantees are structured so as to

25 minimize potential cost to the Federal Govern-
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1 ment. No loan guarantee under this title shall

2 cover more than 75 percent of the unpaid bal3 ance of the loan. The Trust may collect a fee suf4 ficient to cover its costs in connection with each

5 loan guaranteed under this Act. The authority to

6 enter into any such loan guarantee agreement

7 shall expire at the end of 15 years after the date

8 of enactment of this title.

9 (2) The authority, subject to appropriations, to

10 make loans to the occupants of property managed by

11 the Trust for the preservation, restoration, mainte12 nance, or repair of such property.

13 (3) The authority to issue obligations to the Sec14 retary of the Treasury, but only if the Secretary of the

15 Treasury agrees to purchase such obligations after de16 termining that the projects to be funded from the pro17 ceeds thereof are credit worthy and that a repayment

18 schedule is established and only to the extent author19 ized in advance in appropriations acts. The Secretary

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

21 transaction the proceeds from the sale of any securi22 ties issued under chapter 31 of title 31, United States

23 Code, and the purposes for which securities may be is24 sued under such chapter are extended to include any

25 purchase of such notes or obligations acquired by the
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1 Secretary of the Treasury under this subsection. Obli2 gations issued under this subparagraph shall be in

3 such forms and denominations, bearing such matu4 rities, and subject to such terms and conditions, as

5 may be prescribed by the Secretary of the Treasury,

6 and shall bear interest at a rate determined by the

7 Secretary of the Treasury, taking into consideration

8 current market yields on outstanding marketable obli9 gations of the United States of comparable maturities.

10 No funds appropriated to the Trust may be used for

11 repayment of principal or interest on, or redemption

12 of, obligations issued under this paragraph.

13 (4) The aggregate amount of obligations issued

14 under this subsection which are outstanding at any

15 one time may not exceed $50,000,000.

16 (e) The Trust may solicit and accept donations of

17 funds, property, supplies, or services from individuals,

18 foundations, corporations, and other private or public enti19 ties for the purpose of carrying out its duties. The Trust

20 shall maintain a liaison with the Golden Gate National

21 Park Association.

22 (f) Notwithstanding section 1341 of title 31 of the

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

24 be retained by the Trust, and such proceeds shall be avail25 able, without further appropriation, for the administration,
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1 preservation, restoration, operation and maintenance, im2 provement, repair and related expenses incurred with re3 spect to Presidio properties under its administrative juris4 diction. Upon the Request of the Trust, the Secretary of the

5 Treasury shall invest excess moneys of the Trust in public

6 debt securities with maturities suitable to the needs of the

7 Trust.

8 (g) The Trust may sue and be sued in its own name

9 to the same extent as the Federal Government. Litigation

10 arising out of the activities of the Trust shall be conducted

11 by the Attorney General; except that the Trust may retain

12 private attorneys to provide advice and counsel. The Dis13 trict Court for the Northern District of California shall have

14 exclusive jurisdiction over any suit filed against the Trust.

15 (h) The Trust shall enter into a Memorandum of

16 Agreement with the Secretary, acting through the Chief of

17 the United States Park Police, for the conduct of law en18 forcement activities and services within those portions of

19 the Presidio transferred to the administrative jurisdiction

20 of the Trust.

21 (i) The Trust may adopt, amend, repeal and enforce

22 bylaws, rules and regulations governing the manner in

23 which its business may be conducted and the powers vested

24 in it may be exercised. The Trust is authorized, in consulta25 tion with the Secretary, to adopt and to enforce those rules
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1 and regulations that are applicable to the Golden Gate Na2 tional Recreation Area and that may be necessary and ap3 propriate to carry out its duties and responsibilities under

4 this title. The Trust shall give notice of the adoption of such

5 rules and regulations by publication in the Federal Reg6 ister.

7 (j) For the purpose of compliance with applicable laws

8 and regulations concerning properties transferred to the

9 Trust by the Secretary, the Trust shall negotiate directly

10 with regulatory authorities.

11 (k) INSURANCE.—The Trust shall require that all

12 leaseholders and contractors procure proper insurance

13 against any loss in connection with properties under lease

14 or contract, or the authorized activities granted in such

15 lease or contract, as is reasonable and customary.

16 (l) BUILDING CODE COMPLIANCE.—The Trust shall

17 bring all properties under its administrative jurisdiction

18 into compliance with Federal building codes and regula19 tions appropriate to use and occupancy within 10 years

20 after the enactment of this title to the extent practicable.

21 (m) LEASING.—In managing and leasing the prop22 erties transferred to it, the Trust considers the extent to

23 which prospective tenants contribute to the implementation

24 of the General Management Plan for the Presidio and to

25 the reduction of cost to the Federal Government. The Trust
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1 shall give priority to the following categories of tenants:

2 Tenants that enhance the financial viability of the Presidio

3 and tenant that facilitate the cost-effective preservation of

4 historic buildings through their reuse of such buildings.

5 (n) REVERSION.—If, at the expiration of 15 years, the

6 Trust has not accomplished the goals and objectives of the

7 plan required in section 105(b) of this title, then all prop8 erty under the administrative jurisdiction of the Trust pur9 suant to section 103(b) of this title shall be transferred to

10 the Administrator of the General Services Administration

11 to be disposed of in accordance with the procedures outlined

12 in the Defense Authorization Act of 1990 (104 Stat. 1809),

13 and any real property so transferred shall be deleted from

14 the boundary of the Golden Gate National Recreation Area.

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

16 all agreements and loans regarding such lands and facilities

17 entered into by the Trust shall be binding on any successor

18 in interest.

19 SEC. 105. LIMITATIONS ON FUNDING.

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

21 for the operation of areas within the Golden Gate National

22 Recreation Area, not more than $25,000,000 shall be avail23 able to carry out this title in each fiscal year after the enact24 ment of this title until the plan is submitted under sub-
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1 section (b). Such sums shall remain available until ex2 pended.

3 (2) After the plan required in subsection (b) is submit4 ted, and for each of the 14 fiscal years thereafter, there are

5 authorized to be appropriated to the Trust not more than

6 the amounts specified in such plan. Such sums shall remain

7 available until expended. Of such sums, not more than

8 $3,000,000 annually shall be available through the Trust

9 for law enforcement activities and services to be provided

10 by the United States Park Police at the Presidio in accord11 ance with section 104(h) of this title.

12 (b) Within one year after the first meeting of the Board

13 of Directors of the Trust, the Trust shall submit to Congress

14 a plan which includes a schedule of annual decreasing fed15 erally appropriated funding that will achieve, at a mini16 mum, self-sufficiency for the Trust within 15 complete fiscal

17 years after such meeting of the Trust.

18 (c) The Administrator of the General Services Admin19 istration shall provide necessary assistance to the Trust in

20 the formulation and submission of the annual budget re21 quest for the administration, operation, and maintenance

22 of the Presidio.

23 SEC. 106. GENERAL ACCOUNTING OFFICE STUDY.

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

25 of Directors of the Trust, the General Accounting Office
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1 shall conduct an interim study of the activities of the Trust

2 and shall report the results of the study to the Committee

3 on Energy and Natural Resources and the Committee on

4 Appropriations of the United States Senate, and the Com5 mittee on Resources and Committee on Appropriations of

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

7 shall not be limited to, details of how the Trust is meeting

8 its obligations under this title.

9 (b) In consultation with the Trust, the General Ac10 counting Office shall develop an interim schedule and plan

11 to reduce and replace the Federal appropriations to the ex12 tent practicable for interpretive services conducted by the

13 National Park Service, and law enforcement activities and

14 services, fire and public safety programs conducted by the

15 Trust.

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

17 of Directors of the Trust, the General Accounting Office

18 shall conduct a comprehensive study of the activities of the

19 Trust, including the Trust’s progress in meeting its obliga20 tions under this title, taking into consideration the results

21 of the study described in subsection (a) and the implementa22 tion of plan and schedule required in subsection (b). The

23 General Accounting Office shall report the results of the

24 study, including any adjustments to the plan and schedule,

25 to the Committee on Energy and Natural Resources and
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1 the Committee on Appropriations of the United States Sen2 ate, and the Committee on Resources and Committee on Ap3 propriations of the House of Representatives.

4 TITLE II—MINOR BOUNDARY ADJUST5 MENTS AND MISCELLANEOUS PARK

6 AMENDMENTS

7 SEC. 201. YUCCA HOUSE NATIONAL MONUMENT BOUNDARY

8 ADJUSTMENT.

9 (a) IN GENERAL.—The boundaries of Yucca House Na10 tional Monument are revised to include the approximately

11 24.27 acres of land generally depicted on the map entitled

12 ‘‘Boundary—Yucca House National Monument, Colorado’’,

13 numbered 318/80,001–B, and dated February 1990.

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

15 be on file and available for public inspection in appropriate

16 offices of the National Park Service of the Department of

17 the Interior.

18 (c) ACQUISITION.—

19 (1) IN GENERAL.—Within the lands described in

20 subsection (a), the Secretary of the Interior may ac21 quire lands and interests in lands by donation.

22 (2) The Secretary of the Interior may pay ad23 ministrative costs arising out of any donation de24 scribed in paragraph (1) with appropriated funds.
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1 SEC. 202. ZION NATIONAL PARK BOUNDARY ADJUSTMENT.

2 (a) ACQUISITION AND BOUNDARY CHANGE.—The Sec3 retary of the Interior is authorized to acquire by exchange

approximately 5.48 acres located in the SW 1 4 ⁄4 of Section

5 28, Township 41 South, Range 10 West, Salt Lake Base

6 and Meridian. In exchange therefor the Secretary is author7 ized to convey all right, title, and interest of the United

8 States in and to approximately 5.51 acres in Lot 2 of Sec9 tion 5, Township 41 South, Range 11 West, both parcels

10 of land being in Washington County, Utah. Upon comple11 tion of such exchange, the Secretary is authorized to revise

12 the boundary of Zion National Park to add the 5.48 acres

13 in section 28 to the park and to exclude the 5.51 acres in

14 section 5 from the park. Land added to the park shall be

15 administered as part of the park in accordance with the

16 laws and regulations applicable thereto.

17 (b) EXPIRATION.—The authority granted by this sec18 tion shall expire two years after the date of the enactment

19 of this title.

20 SEC. 203. PICTURED ROCKS NATIONAL LAKESHORE BOUND21 ARY ADJUSTMENT.

22 The boundary of Pictured Rocks National Lakeshore

23 is hereby modified as depicted on the map entitled ‘‘Area

24 Proposed for Addition to Pictured Rocks National Lake25 shore’’, numbered 625–80,043A, and dated July 1992.
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1 SEC. 204. INDEPENDENCE NATIONAL HISTORICAL PARK

2 BOUNDARY ADJUSTMENT.

3 The administrative boundary between Independence

4 National Historical Park and the United States Customs

5 House along the Moravian Street Walkway in Philadelphia,

6 Pennsylvania, is hereby modified as generally depicted on

7 the drawing entitled ‘‘Exhibit 1, Independence National

8 Historical Park, Boundary Adjustment’’, and dated May

9 1987, which shall be on file and available for public inspec10 tion in the Office of the National Park Service, Department

11 of the Interior. The Secretary of the Interior is authorized

12 to accept and transfer jurisdiction over property in accord

13 with such administrative boundary, as modified by this sec14 tion.

15 SEC. 205. CRATERS OF THE MOON NATIONAL MONUMENT

16 BOUNDARY ADJUSTMENT.

17 (a) BOUNDARY REVISION.—The boundary of Craters

18 of the Moon National Monument, Idaho, is revised to add

19 approximately 210 acres and to delete approximately 315

20 acres as generally depicted on the map entitled ‘‘Craters

21 of the Moon National Monument, Idaho, Proposed 1987

22 Boundary Adjustment’’, numbered 131–80,008, and dated

23 October 1987, which map shall be on file and available for

24 public inspection in the office of the National Park Service,

25 Department of the Interior.
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1 (b) ADMINISTRATION AND ACQUISITION.—Federal

2 lands and interests therein deleted from the boundary of the

3 national monument by this section shall be administered

4 by the Secretary of the Interior through the Bureau of Land

5 Management in accordance with the Federal Land Policy

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

7 Federal lands and interests therein added to the national

8 monument by this section shall be administered by the Sec9 retary as part of the national monument, subject to the laws

10 and regulations applicable thereto. The Secretary is author11 ized to acquire private lands and interests therein within

12 the boundary of the national monument by donation, pur13 chase with donated or appropriated funds, or exchange, and

14 when acquired they shall be administered by the Secretary

15 as part of the national monument, subject to the laws and

16 regulations applicable thereto.

17 SEC. 206. HAGERMAN FOSSIL BEDS NATIONAL MONUMENT

18 BOUNDARY ADJUSTMENT.

19 Section 302 of the Arizona-Idaho Conservation Act of

20 1988 (102 Stat. 4576) is amended by adding the following

21 new subsection:

22 ‘‘(d) To further the purposes of the monument, the Sec23 retary is also authorized to acquire from willing sellers

24 only, by donation, purchase with donated or appropriated

25 funds, or exchange not to exceed 65 acres outside the bound-
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1 ary depicted on the map referred to in section 301 and de2 velop and operate thereon research, information, interpre3 tive, and administrative facilities. Lands acquired and fa4 cilities developed pursuant to this subsection shall be ad5 ministered by the Secretary as part of the monument. The

6 boundary of the monument shall be modified to include the

7 lands added under this subsection as a noncontiguous par8 cel.’’.

9 SEC. 207. WUPATKI NATIONAL MONUMENT BOUNDARY AD10 JUSTMENT.

11 The boundary of the Wupatki National Monument, Ar12 izona, is hereby revised to include the lands and interests

13 in lands within the area generally depicted as ‘‘Proposed

14 Addition 168.89 Acres’’ on the map entitled ‘‘Boundary—

15 Wupatki and Sunset Crater National Monuments, Ari16 zona’’, numbered 322–80,021, and dated April 1989. The

17 map shall be on file and available for public inspection in

18 the Office of the National Park Service, Department of the

19 Interior. Subject to valid existing rights, Federal lands and

20 interests therein within the area added to the monument

21 by this section are hereby transferred without monetary

22 consideration or reimbursement to the administrative juris23 diction of the National Park Service, to be administered

24 as part of the monument in accordance with the laws and

25 regulations applicable thereto.
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1 SEC. 208. NEW RIVER GORGE NATIONAL RIVER.

2 Section 1101 of the National Parks and Recreation Act

3 of 1978 (16 U.S.C. 460m–15) is amended by striking out

4 ‘‘NERI–80,023, dated January 1987’’ and inserting

5 ‘‘NERI–80,028, dated January 1993’’.

6 SEC. 209. GAULEY RIVER NATIONAL RECREATION AREA.

7 (a) Section 201(b) of the West Virginia National Inter8 est River Conservation Act of 1987 (16 U.S.C. 460ww(b))

9 is amended by striking out ‘‘NRA–GR/20,000A and dated

10 July 1987’’ and inserting ‘‘GARI–80,001 and dated Janu11 ary 1993’’.

12 (b) Section 205(c) of the West Virginia National Inter13 est River Conservation Act of 1987 (16 U.S.C. 460ww–4(c))

14 is amended by adding the following at the end thereof: ‘‘If

15 project construction is not commenced within the time re16 quired in such license, or if such license is surrendered at

17 any time, such boundary modification shall cease to have

18 any force and effect.’’.

19 SEC. 210. BLUESTONE NATIONAL SCENIC RIVER.

20 Section 3(a)(65) of the Wild and Scenic Rivers Act

21 (16 U.S.C. 1274(a)(65)) is amended by striking out ‘‘WSR–

22 BLU/20,000, and dated January 1987’’ and inserting

23 ‘‘BLUE–80,004, and dated January 1993’’.

24 SEC. 211. ADVISORY COMMISSIONS.

25 (a) KALOKO-HONOKOHAU NATIONAL HISTORICAL

26 PARK.—(1) This subsection under this title may be cited
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1 as the ‘‘Na Hoa Pili Kaloko-Honokohau Re-establishment

2 Act of 1995’’.

3 (2) Notwithstanding section 505(f)(7) of Public Law

4 95–625 (16 U.S.C. 396d(7)), the Na Hoa Pili O Kaloko5 Honokohau, the Advisory Commission for Kaloko6 Honokohau National Historical Park, is hereby re-estab7 lished in accordance with section 505(f), as amended by

8 paragraph (3) of this section.

9 (3) Section 505(f)(7) of Public Law 95–625 (16 U.S.C.

10 396d(7)), is amended by striking ‘‘this Act’’ and inserting

11 in lieu thereof, ‘‘the Na Hoa Pili Kaloko-Honokohau Re12 establishment Act of 1995’’.

13 (b) WOMEN’S RIGHTS NATIONAL HISTORICAL PARK.—

14 (1) This subsection under this title may be cited as the

15 ‘‘Women’s Rights National Historical Park Advisory Com16 mission Re-establishment Act of 1995’’.

17 (2) Not withstanding section 1601(h)(5) of Public Law

18 96–607 (16 U.S.C. 410ll(h)(5)), the advisory commission

19 for Women’s Rights National Historical Park is hereby re20 established in accordance with section 1601(h), as amended

21 by paragraph (3) of this section.

22 (3) Section 1601(h)(5) of Public Law 96–607 (16

23 U.S.C. 410ll(h)(5)), is amended by striking ‘‘this section’’

24 and inserting in lieu thereof, ‘‘the Women’s Rights National
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1 Historical Park Advisory Commission Re-establishment Act

2 of 1995’’.

3 SEC. 212. AMENDMENT TO BOSTON NATIONAL HISTORIC

4 PARK ACT.

5 Section 3(b) of the Boston National Historical Park

6 Act of 1974 (16 U.S.C. 410z–1(b)) is amended by inserting

7 ‘‘(1)’’ before the first sentence thereof and by adding the fol8 lowing at the end thereof:

9 ‘‘(2) The Secretary of the Interior is authorized

10 to enter into a cooperative agreement with the Boston

11 Public Library to provide for the distribution of in12 formational and interpretive materials relating to the

13 park and to the Freedom Trail.’’.

14 SEC. 213. CUMBERLAND GAP NATIONAL HISTORICAL PARK.

15 (a) REMOVAL OF RESTRICTIONS.—The first section of

16 the Act of June 11, 1940, entitled ‘‘An Act to provide for

17 the establishment of the Cumberland Gap National Histori18 cal Park in Tennessee, Kentucky, and Virginia: (54 Stat.

19 262, 16 U.S.C. 261 et seq.) is amended by striking out ev20 erything after the words ‘‘Cumberland Gap National His21 torical Park’’ and inserting a period.

22 (b) USE OF APPROPRIATED FUNDS.—Section 3 of such

23 Act (16 U.S.C. 263) is amended by inserting ‘‘or with funds

24 that may be from time to time appropriated for the pur25 pose’’, after ‘‘funds’’.
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1 SEC. 214. WILLIAM O. DOUGLAS OUTDOOR CLASSROOM.

2 (a) IN GENERAL.—The Secretary of the Interior, act3 ing through the Director of the National Park Service, is

4 authorized to enter into cooperative agreements, as specified

5 in subsection (b), relating to Santa Monica Mountains Na6 tional Recreation Area (hereafter in this title referred to

7 as ‘‘recreation area’’) in accordance with this section.

8 (b) COOPERATIVE AGREEMENTS.—The cooperative

9 agreements referred to in subsection (a) are as follows:

10 (1) A cooperative agreement with appropriate

11 organizations or groups in order to promote edu12 cation concerning the natural and cultural resources

13 of the recreation area and lands adjacent thereto. Any

14 agreement entered into pursuant to this paragraph—

15 (A) may provide for Federal matching

16 grants of not more than 50 percent of the total

17 cost of providing a program of such education;

18 (B) shall provide for visits by students or

19 other beneficiaries to federally owned lands with20 in the recreation area;

21 (C) shall limit the responsibility of the Sec22 retary to providing interpretation services con23 cerning the natural and cultural resources of the

24 recreation area; and

25 (D) shall provide that the non-Federal

26 party shall be responsible for any cost of carry-
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1 ing out the agreement other than the cost of pro2 viding interpretation services under subpara3 graph (C).

4 (2) A cooperative agreement under which—

5 (A) the Secretary agrees to maintain the fa6 cilities at 2600 Franklin Canyon Drive in Bev7 erly Hills, California, for a period of 8 fiscal

8 years beginning with the first fiscal year for

9 which funds are appropriated pursuant to this

10 section, and to provide funding for programs of

11 the William O. Douglas Outdoor Classroom or

12 its successors in interest that utilize those facili13 ties during such period; and in return; or

14 (B) the William O. Douglas Outdoor Class15 room, for itself and any successors in interest

16 with respect to such facilities, agrees that at the

17 end of the term of such agreement all right, title,

18 and interest in and to such facilities will be do19 nated to the United States for addition and op20 eration as part of the recreation area.

21 (c) EXPENDITURE OF FUNDS.—Federal funds may be

22 expended on non-Federal property located within the recre23 ation area pursuant to the cooperative agreement described

24 in subsection (b)(2).
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1 (d) LIMITATIONS.—(1) The Secretary may not enter

2 into the cooperative agreement described in subsection

3 (b)(2) unless and until the Secretary determines that acqui4 sition of the facilities described in such subsection would

5 further the purposes of the recreation area.

6 (2) This section shall not be construed as authorizing

7 an agreement by the Secretary for reimbursement of ex8 penses incurred by the William O. Douglas Outdoor Class9 room or any successor in interest that are not directly relat10 ed to the use of such facilities for environmental education

11 and interpretation of the resources and values of the recre12 ation area and associated lands and resources.

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated for the 8-year period begin15 ning October 1, 1995, not to exceed $2,000,000 to carry out

16 this section.

17 SEC. 215. MISCELLANEOUS PROVISIONS.

18 (a) NEW RIVER CONFORMING AMENDMENTS.—Title

19 XI of the National Parks and Recreation Act of 1978 (16

20 U.S.C. 460m–15, et seq.) is amended by adding the follow21 ing new section at the end thereof:

22 ‘‘SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.

23 (a) COOPERATIVE AGREEMENTS.—The provisions of

24 section 202(e)(1) of the West Virginia National Interest

25 River Conservation Act of 1987 (16 U.S.C. 460ww–1(e)(1))
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1 shall apply to the New River Gorge National River in the

2 same manner and to the same extent as such provisions

3 apply to the Gauley River National Recreation Area.

4 (b) REMNANTS OF LANDS.—The provisions of the sec5 ond sentence of section 203(a) of the West Virginia National

6 Interest River Conservation Act of 1987 (16 U.S.C. 460ww–

7 2(a)) shall apply to tracts of land partially within the

8 boundaries of the New River Gorge National River in the

9 same manner and to the same extent as such provisions

10 apply to the tracts of land only partially within the Gualey

11 River National Recreation Area.’’.

12 (b) BLUESTONE RIVER CONFORMING AMENDMENTS.—

13 Section 3(a)(65) of the Wild and Scenic Rivers Act (16

14 U.S.C. 1274(a)(65)) is amended by striking ‘‘leases’’ in the

15 fifth sentence and inserting in lieu thereof ‘‘the lease’’ and

16 in the seventh sentence by striking ‘‘such management may

17 be continued pursuant to renewal of such lease agreement.

18 If requested to do so by the State of West Virginia, the Sec19 retary may not terminate such leases and assume adminis20 trative authority over the areas concerned.’’ and inserting

21 in lieu thereof the following: ‘‘if the State of West Virginia

22 so requests, the Secretary shall renew such lease agreement

23 with the same terms and conditions as contained in such

24 lease agreement on the date of enactment of this paragraph

25 under which the State management shall be continued pur-
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1 suant to such renewal. If requested to do so by the State

2 or West Virginia, or as provided in such lease agreement,

3 the Secretary may terminate or modify the lease and as4 sume administrative authority over all or part of the areas

5 concerned.’’.

6 SEC. 216. GAULEY ACCESS.

7 Section 202(e) of the West Virginia National Interest

8 River Conservation Act of 1987 (16 U.S.C. 460ww–1(e)) is

9 amended by adding the following new paragraph at the end

10 thereof:

11 ‘‘(4) ACCESS TO THE RIVER.—Within 90 days

12 after the date of enactment of this subsection, the Sec13 retary shall submit a report to the Committee on En14 ergy and Natural Resources of the Senate setting forth

15 a plan to provide river access for non-commercial rec16 reational users within the Gauley River National

17 Recreation Area. The plan shall provide that such ac18 cess shall utilize existing public roads and rights-of19 way to the maximum extent feasible and shall be lim20 ited to providing access for such non-commercial

21 users.’’.

22 SEC. 217. VISITOR CENTER

23 The Secretary of the Interior is authorized to construct

24 a visitor center and such other related facilities as may be

25 deemed necessary to facilitate visitor understanding and en-
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1 joyment of the New River Gorge National River and the

2 Gauley River National Recreation Area in the vicinity of

3 the confluence of the New and Gauley Rivers. Such center

4 and related facilities are authorized to be constructed at a

5 site outside of the boundary of the New River Gorge Na6 tional River or Gauley River National Recreation Area un7 less a suitable site is available within the boundaries of ei8 ther unit.

9 SEC. 218. EXTENSION.

10 For a 5-year period following the date of enactment

11 of this Act, the provisions of the Wild and Scenic Rivers

12 Act applicable to river segments designated for study for

13 potential addition to the wild and scenic rivers system

14 under subsection 5(b) of that Act shall apply to those seg15 ments of the Bluestone and Meadow Rivers which were

16 found eligible in the studies completed by the National Park

17 Service in August 1983 but which were not designated by

18 the West Virginia National Interest River Conservation Act

19 of 1987 as part of the Bluestone National Scenic River or

20 as part of the Gauley National Recreation Area, as the case

21 may be.

22 SEC. 219. BLUESTONE RIVER PUBLIC ACCESS.

23 Section 3(a)(65) of the Wild and Scenic Rivers Act

24 (16 U.S.C. 1271 and following) is amended by adding the

25 following at the end thereof: ‘‘In order to provide reasonable
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1 public access and vehicle parking for public use and enjoy2 ment of the river designated by this paragraph, consistent

3 with the preservation and enhancement of the natural and

4 scenic values of such river, the Secretary may, with the con5 sent of the owner thereof, negotiate a memorandum of un6 derstanding or cooperative agreement, or acquire lands or

7 interests in such lands, or both, as may be necessary to

8 allow public access to the Bluestone River and to provide,

9 outside the boundary of the scenic river, parking and relat10 ed facilities in the vicinity of the area known as Eads

11 Mill.’’.

12 SEC. 220. LIMITATION ON PARK BUILDINGS.

13 The 10th undesignated paragraph (relating to a limi14 tation on the expenditure of funds for park buildings) under

15 the heading ‘‘MISCELLANEOUS OBJECTS, DEPARTMENT OF

16 THE INTERIOR’’, which appears under the heading ‘‘UNDER

17 THE DEPARTMENT OF THE INTERIOR’’, as contained in the

18 first section of the Act of August 24, 1912 (37 Stat. 460),

19 as amended (16 U.S.C. 451), is hereby repealed.

20 SEC. 221. APPROPRIATIONS FOR TRANSPORTATION OF

21 CHILDREN.

22 The first section of the Act of August 7, 1946 (16

23 U.S.C. 17j–2), is amended by adding at the end the follow24 ing:
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1 ‘‘(j) Provide transportation for children in nearby

2 communities to and from any unit of the National Park

3 System used in connection with organized recreation and

4 interpretive programs of the National Park Service.’’.

5 SEC. 222. FERAL BURROS AND HORSES.

6 Section 9 of the Act of December 15, 1971 (16 U.S.C.

7 1338a), is amended by adding at the end thereof the follow8 ing: ‘‘Nothing in this title shall be deemed to limit the au9 thority of the Secretary in the management of units of the

10 National Park System, and the Secretary may, without re11 gard either to the provisions of this title, or the provisions

12 of section 47(a) of title 18, United States Code, use motor

13 vehicles, fixed-wing aircraft, or helicopters, or to contract

14 for such use, in furtherance of the management of the Na15 tional Park System, and section 47(a) of title 18, United

16 States Code, shall be applicable to such use.’’.

17 SEC. 223. AUTHORITIES OF THE SECRETARY OF THE INTE18 RIOR RELATING TO MUSEUMS.

19 (a) FUNCTIONS.—The Act entitled ‘‘An Act to increase

20 the public benefits from the National Park System by facili21 tating the management of museum properties relating

22 thereto, and for other purposes’’ approved July 1, 1955 (16

23 U.S.C. 18f), is amended—
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1 (1) in paragraph (b) of the first section, by strik2 ing out ‘‘from such donations and bequests of money’’;

3 and

4 (2) by adding at the end thereof the following:

5 ‘‘SEC. 2. ADDITIONAL FUNCTIONS.

6 ‘‘(a) In addition to the functions specified in the first

7 section of this Act, the Secretary of the Interior may per8 form the following functions in such manner as he shall

9 consider to be in the public interest:

10 ‘‘(1) Transfer museum objects and museum col11 lections that the Secretary determines are no longer

12 needed for museum purposes to qualified Federal

13 agencies that have programs to preserve and interpret

14 cultural or natural heritage, and accept the transfer

15 of museum objects and museum collections for the

16 purposes of this Act from any other Federal agency,

17 without reimbursement. The head of any other Fed18 eral agency may transfer, without reimbursement,

19 museum objects and museum collections directly to

20 the administrative jurisdiction of the Secretary of the

21 Interior for the purpose of this Act.

22 ‘‘(2) Convey museum objects and museum collec23 tions that the Secretary determines are no longer

24 needed for museum purposes, without monetary con25 sideration but subject to such terms and conditions as
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1 the Secretary deems necessary, to private institutions

2 exempt from Federal taxation under section 501(c)(3)

3 of the Internal Revenue Code of 1986 and to non-Fed4 eral governmental entities if the Secretary determines

5 that the recipient is dedicated to the preservation and

6 interpretation of natural or cultural heritage and is

7 qualified to manage the property, prior to any con8 veyance under this subsection.

9 ‘‘(3) Destroy or cause to be destroyed museum

10 objects and museum collections that the Secretary de11 termines to have no scientific, cultural, historic, edu12 cational, esthetic, or monetary value.

13 ‘‘(b) The Secretary shall ensure that museum collec14 tions are treated in a careful and deliberate manner that

15 protects the public interest. Prior to taking any action

16 under subsection (a), the Secretary shall establish a system17 atic review and approval process, including consultation

18 with appropriate experts, that meets the highest standards

19 of the museum profession for all actions taken under this

20 section.’’.

21 (b) APPLICATION AND DEFINITIONS.—The Act entitled

22 ‘‘An Act to increase the public benefits from the National

23 Park System by facilitating the management of museum

24 properties relating thereto, and for other purposes’’ ap-
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1 proved July 1, 1955 (16 U.S.C. 18f), as amended by sub2 section (a), is further amended by adding the following:

3 ‘‘SEC. 3. APPLICATION AND DEFINITIONS.

4 ‘‘(a) APPLICATION.—Authorities in this Act shall be

5 available to the Secretary of the Interior with regard to mu6 seum objects and museum collections that were under the

7 administrative jurisdiction of the Secretary for the purposes

8 of the National Park System before the date of enactment

9 of this section as well as those museum objects and museum

10 collections that may be acquired on or after such date.

11 ‘‘(b) DEFINITION.—For the purposes of this Act, the

12 terms ‘museum objects’ and ‘museum collections’ mean ob13 jects that are eligible to be or are made part of a museum,

14 library, or archive collection through a formal procedure,

15 such as accessioning. Such objects are usually movable and

16 include but are not limited to prehistoric and historic arti17 facts, works of art, books, documents, photographs, and nat18 ural history specimens.’’.

19 SEC. 224. VOLUNTEERS IN PARKS INCREASE.

20 Section 4 of the Volunteers in the Parks Act of 1969

21 (16 U.S.C. 18j) is amended by striking out ‘‘1,000,000’’ and

22 inserting in lieu thereof ‘‘$1,750,000’’.
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1 SEC. 225. COOPERATIVE AGREEMENTS FOR RESEARCH PUR2 POSES.

3 Section 3 of the Act entitled ‘‘An Act to improve the

4 administration of the National Park System by the Sec5 retary of the Interior, and to clarify the authorities applica6 ble to the system, and for other purposes’’ approved August

7 18, 1970 (16 U.S.C. 1a–2), is amended—

8 (1) in paragraph (i), by striking the period at

9 the end thereof and inserting in lieu thereof ‘‘; and’’;

10 and

11 (2) by adding at the end thereof the following:

12 ‘‘(j) enter into cooperative agreements with public or

13 private educational institutions, States, and their political

14 subdivisions, or private conservation organizations for the

15 purpose of developing adequate, coordinated, cooperative re16 search and training programs concerning the resources of

17 the National Park System, and, pursuant to any such

18 agreements, to accept from and make available to the co19 operator such technical and support staff, financial assist20 ance for mutually agreed upon research projects, supplies

21 and equipment, facilities, and administrative services relat22 ing to cooperative research units as the Secretary deems ap23 propriate; except that this paragraph shall not waive any

24 requirements for research projects that are subject to the

25 Federal procurement regulations.’’.
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1 SEC. 226. CARL GARNER FEDERAL LANDS CLEANUP DAY.

2 The Federal Lands Cleanup Act of 1985 (Public Law

3 99–402; U.S.C. 169i–169i–1) is amended by striking the

4 terms ‘‘Federal Lands Cleanup Day’’ or ‘‘Federal Lands

5 National Cleanup Day’’ each place they occur and inserting

6 in lieu thereof, ‘‘Carl Garner Federal Lands Cleanup Day’’.

7 SEC. 227. FORT PULASKI NATIONAL MONUMENT, GEORGIA.

8 Section 4 of the Act of June 26, 1936 (ch. 844; 49 Stat.

9 1979), is amended by striking ‘‘: Provided, That’’ and all

10 that follows and inserting a period.

11 SEC. 228. LAURA C. HUDSON VISITOR CENTER.

12 (a) DESIGNATION.—The visitor center at Jean Lafitte

13 National Historical Park, located at 419 Rue Decatur in

14 New Orleans, Louisiana, is hereby designated as the ‘‘Laura

15 C. Hudson Visitor Center’’.

16 (b) LEGAL REFERENCES.—Any reference in any law,

17 regulation, paper, record, map, or any other document of

18 the United States to the visitor center referred to in sub19 section (a) shall be deemed to be a reference to the ‘‘Laura

20 C. Hudson Visitor Center’’.

21 SEC. 229. UNITED STATES CIVIL WAR CENTER.

22 (a) FINDINGS.—The Congress finds that—

23 (1) the sesquicentennial of the beginning of the

24 Civil War will occur in the year 2011;
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1 (2) the sesquicentennial will be the last signifi2 cant opportunity for most Americans alive in the

3 year 2011 to recall and commemorate the Civil War;

4 (3) the Civil War Center in Louisiana State

5 University in Baton Rouge, Louisiana, has as its

6 principal missions to create a comprehensive database

7 that contains all Civil War materials and to facilitate

8 the study of the Civil War from the perspectives of all

9 ethnic cultures and all professions; academic dis10 ciplines, and occupation;

11 (4) the two principal missions of the Civil War

12 Center are consistent with commemoration of the ses13 quicentennial;

14 (5) the missions of the Civil War Institute at

15 Gettysburg College parallel those of the Civil War

16 Center; and

17 (6) advance planning to facilitate the four-year

18 commemoration of the sesquicentennial is required.

19 (b) DESIGNATION.—The Civil War Center, located on

20 Raphael Semmes Drive at Louisiana State University in

21 Baton Rouge, Louisiana (hereinafter in this section referred

22 to as the ‘‘center’’) shall be known and designated as the

23 ‘‘United States Civil War Center’’.

24 (c) LEGAL REFERENCES.—Any reference in any law,

25 regulation, paper, record, map, or any other document of
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1 the United States to the center referred to in subsection (b)

2 shall be deemed to be a reference to the ‘‘United States Civil

3 War Center’’.

4 (d) FLAGSHIP INSTITUTIONS.—The center and the

5 Civil War Institute of Gettysburg College, located at 233

6 North Washington Street in Gettysburg, Pennsylvania,

7 shall be the flagship institutions for planning the sesqui8 centennial commemoration of the Civil War.

9 TITLE III—ROBERT J. LAGOMARSINO

10 VISITOR CENTER

11 SEC. 301. DESIGNATION.

12 The visitor center at the Channel Islands National

13 Park, California, is designated as the ‘‘Robert J. Lago14 marsino Visitor Center’’.

15 SEC. 302. LEGAL REFERENCES.

16 Any reference in any law, regulation, document,

17 record, map, or other paper of the United States to the visi18 tor center referred to in section 301 is deemed to be a ref19 erence to the ‘‘Robert J. Lagomarsino Visitor Center’’.

20 TITLE IV—ROCKY MOUNTAIN NATIONAL

21 PARK VISITOR CENTER

22 SEC. 401. VISITOR CENTER.

23 The Secretary of the Interior is authorized to collect

24 and expend donated funds and expend appropriated funds

25 for the operation and maintenance of a visitor center to
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1 be constructed for visitors to and administration of Rocky

2 Mountain National Park with private funds on lands lo3 cated outside the boundary of the park.

4 TITLE V—CORINTH, MISSISSIPPI,

5 BATTLEFIELD ACT

6 SEC. 501. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds that—

8 (1) the sites located in the vicinity of Corinth,

9 Mississippi, that were designated as a National His10 toric Landmark by the Secretary of the Interior in

11 1991 represent nationally significant events in the

12 Siege and Battle of Corinth during the Civil War;

13 and

14 (2) the landmark sites should be preserved and

15 interpreted for the benefit, inspiration, and education

16 of the people of the United States.

17 (b) PURPOSE.—The purpose of this title is to provide

18 for a center for the interpretation of the Siege and Battle

19 of Corinth and other Civil War actions in the Region and

20 to enhance public understanding of the significance of the

21 Corinth Campaign in the Civil War relative to the Western

22 theater of operations, in cooperation with State or local gov23 ernmental entities and private organizations and individ24 uals.
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1 SEC. 502. ACQUISITION OF PROPERTY AT CORINTH, MIS2 SISSIPPI.

3 (a) IN GENERAL.—The Secretary of the Interior (re4 ferred to in this title as the ‘‘Secretary’’) shall acquire by

5 donation, purchase with donated or appropriated funds, or

6 exchange, such land and interests in land in the vicinity

7 of the Corinth Battlefield, in the State of Mississippi, as

8 the Secretary determines to be necessary for the construction

9 of an interpretive center to commemorate and interpret the

10 1862 Civil War Siege and Battle of Corinth.

11 (b) PUBLICLY OWNED LAND.—Land and interests in

12 land owned by the State of Mississippi or a political sub13 division of the State of Mississippi may be acquired only

14 by donation.

15 SEC. 503. INTERPRETIVE CENTER AND MARKING.

16 (a) INTERPRETIVE CENTER.—

17 (1) CONSTRUCTION OF CENTER.—The Secretary

18 shall construct, operate, and maintain on the prop19 erty acquired under section 502 a center for the inter20 pretation of the Siege and Battle of Corinth and asso21 ciated historical events for the benefit of the public.

22 (2) DESCRIPTION.—The center shall contain ap23 proximately 5,300 square feet, and include interpre24 tive exhibits, an auditorium, a parking area, and

25 other features appropriate to public appreciation and

26 understanding of the site.
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1 (b) MARKING.—The Secretary may mark sites associ2 ated with the Siege and Battle of Corinth National Historic

3 Landmark, as designated on May 6, 1991, if the sites are

4 determined by the Secretary to be protected by State or local

5 governmental agencies.

6 (c) ADMINISTRATION.—The land and interests in land

7 acquired, and the facilities constructed and maintained

8 pursuant to this title, shall be administered by the Sec9 retary as a part of Shiloh National Military Park, subject

10 to the appropriate laws (including regulations) applicable

11 to the Park, the Act entitled ‘‘An Act to establish a National

12 Park Service, and for other purposes’’, approved August 25,

13 1916 (16 U.S.C. 1 et seq.), and the Act entitled ‘‘An Act

14 to provide for the preservation of historic American sites,

15 buildings, objects, and antiquities of national significance,

16 and for other purposes’’, approved August 21, 1935 (16

17 U.S.C. 461 et seq.).

18 SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

19 (a) IN GENERAL.—Subject to subsection (b), there are

20 authorized to be appropriated such sums as are necessary

21 to carry out this title.

22 (b) CONSTRUCTION.—Of the amounts made available

23 to carry out this title, not more than $6,000,000 may be

24 used to carry out section 503(a).
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1 TITLE VI—WALNUT CANYON NATIONAL

2 MONUMENT BOUNDARY MODIFICATION

3 SEC. 601. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—The Congress finds that:

5 (1) Walnut Canyon National Monument was es6 tablished for the preservation and interpretation of

7 certain settlements and land use patterns associated

8 with the prehistoric Sinaguan culture of northern Ar9 izona.

10 (2) Major cultural resources associated with the

11 purposes of Walnut Canyon National Monument are

12 near the boundary and are currently managed under

13 multiple-use objectives of the adjacent national forest.

14 These concentrations of cultural resources, often re15 ferred to as ‘‘forts’’, would be more effectively man16 aged as part of the National Park System.

17 (b) PURPOSE.—The purpose of this title is to modify

18 the boundaries of the Walnut Canyon National Monument

19 (hereafter in this title referred to as the ‘‘national monu20 ment’’) to improve management of the national monument

21 and associated resources.

22 SEC. 602. BOUNDARY MODIFICATION.

23 Effective on the date of enactment of this Act, the

24 boundaries of the national monument shall be modified as

25 depicted on the map entitled ‘‘Boundary Proposal—Walnut
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1 Canyon National Monument, Coconino County, Arizona’’,

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

3 map shall be on file and available for public inspection in

4 the offices of the Director of the National Park Service, De5 partment of the Interior. The Secretary of the Interior, in

6 consultation with the Secretary of Agriculture, is authorized

7 to make technical and clerical corrections to such map.

8 SEC. 603. ACQUISITION AND TRANSFER OF PROPERTY.

9 The Secretary of the Interior is authorized to acquire

10 lands and interest in lands within the national monument,

11 by donation, purchase with donated or appropriated funds,

12 or exchange. Federal property within the boundaries of the

13 national monument (as modified by this title) is hereby

14 transferred to the administrative jurisdiction of the Sec15 retary of the Interior for management as part of the na16 tional monument. Federal property excluded from the

17 monument pursuant to the boundary modification under

18 section 603 is hereby transferred to the administrative ju19 risdiction of the Secretary of Agriculture to be managed as

20 a part of the Coconino National Forest.

21 SEC. 604. ADMINISTRATION.

22 The Secretary of the Interior, acting through the Direc23 tor of the National Park Service, shall manage the national

24 monument in accordance with this title and the provisions

25 of law generally applicable to units of the National Park
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1 Service, including ‘‘An Act to establish a National Park

2 Service, and for other purposes’’ approved August 25, 1916

3 (39 Stat. 535; 16 U.S.C. 1, 2–4).

4 SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

5 There is hereby authorized to be appropriated such

6 sums as may be necessary to carry out this title.

7 TITLE VII—DELAWARE WATER GAP

8 SEC. 701. PROHIBITION OF COMMERCIAL VEHICLES.

9 (a) IN GENERAL.—Effective at noon on September 30,

10 2005, the use of Highway 209 within Delaware Water Gap

11 National Recreation Area by commercial vehicles, when

12 such use is not connected with the operation of the recre13 ation area, is prohibited, except as provided in subsection

14 (b).

15 (b) LOCAL BUSINESS USE PROTECTED.—Subsection

16 (a) does not apply with respect to the use of commercial

17 vehicles to serve businesses located within or in the vicinity

18 of the recreation area, as determined by the Secretary.

19 (c) CONFORMING PROVISIONS.—

20 (1) Paragraphs (1) through (3) of the third un21 designated paragraph under the heading ‘‘ADMINIS22 TRATIVE PROVISIONS’’ in chapter VII of title I of

23 Public Law 98–63 (97 Stat. 329) are repealed, effec24 tive September 30, 2005.
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1 (2) Prior to noon on September 30, 2005, the

2 Secretary shall collect and utilize a commercial use

3 fee from commercial vehicles in accordance with para4 graphs (1) through (3) of such third undesignated

5 paragraph. Such fee shall not exceed $25 per trip.

6 TITLE VIII—TARGHEE NATIONAL FOREST

7 LAND EXCHANGE

8 SEC. 801. AUTHORIZATION OF EXCHANGE.

9 (a) CONVEYANCE.—Notwithstanding the requirements

10 in the Act entitled ‘‘An Act to Consolidate National Forest

11 Lands’’, approved March 20, 1922 (16 U.S.C. 485), and

12 section 206(b) of the Federal Land Policy and Management

13 Act of 1976 (43 U.S.C. 1716(b)) that Federal and non-Fed14 eral lands exchanged for each other must be located within

15 the same State, the Secretary of Agriculture may convey

16 the Federal lands described in section 802(a) in exchange

17 for the non-Federal lands described in section 802(b) in ac18 cordance with the provisions of this title.

19 (b) APPLICABILITY OF OTHER PROVISIONS OF LAW.—

20 Except as otherwise provided in this title, the land exchange

21 authorized by this section shall be made under the existing

22 authorities of the Secretary.

23 (c) ACCEPTABILITY OF TITLE AND MANNER OF CON24 VEYANCE.—The Secretary shall not carry out the exchange

25 described in subsection (a) unless the title to the non-Fed-
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1 eral lands to be conveyed to the United States, and the form

2 and procedures of conveyance, are acceptable to the Sec3 retary.

4 SEC. 802. DESCRIPTION OF LANDS TO BE EXCHANGED.

5 (a) FEDERAL LANDS.—The Federal lands referred to

6 in this title are located in the Targhee National Forest in

7 Idaho, are generally depicted on the map entitled ‘‘Targhee

8 Exchange, Idaho-Wyoming—Proposed, Federal Land’’,

9 dated September 1994, and are known as the North Fork

10 Tract.

11 (b) NON-FEDERAL LANDS.—The non-Federal lands re12 ferred to in this title are located in the Targhee National

13 Forest in Wyoming, are generally depicted on the map enti14 tled ‘‘Non-Federal land, Targhee Exchange, Idaho-Wyo15 ming—Proposed’’, dated September 1994, and are known

16 as the Squirrel Meadows Tract.

17 (c) MAPS.—The maps referred to in subsections (a)

18 and (b) shall be on file and available for inspection in the

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

20 office of the Chief of the Forest Service.

21 SEC. 803. EQUALIZATION OF VALUES.

22 Prior to the exchange authorized by section 801, the

23 values of the Federal and non-Federal lands to be so ex24 changed shall be established by appraisals of fair market

25 value that shall be subject to approval by the Secretary. The
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1 values either shall be equal or shall be equalized using the

2 following methods:

3 (1) ADJUSTMENT OF LANDS.—

4 (A) PORTION OF FEDERAL LANDS.—If the

5 Federal lands are greater in value than the non6 Federal lands, the Secretary shall reduce the

7 acreage of the Federal lands until the values of

8 the Federal lands closely approximate the values

9 of the non-Federal lands.

10 (B) ADDITIONAL FEDERALLY-OWNED

11 LANDS.—If the non-Federal lands are greater in

12 value than the Federal lands, the Secretary may

13 convey additional federally owned lands within

14 the Targhee National Forest up to an amount

15 necessary to equalize the values of the non-Fed16 eral lands and the lands to be transferred out of

17 Federal ownership. However, such additional

18 federally owned lands shall be limited to those

19 meeting the criteria for land exchanges specified

20 in the Targhee National Forest Land and Re21 source Management Plan.

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

23 equalized by the payment of money as provided in

24 section 206(b) of the Federal Land Policy and Man25 agement Act of 1976 (43 U.S.C. 1716 (b)).
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1 SEC. 804. DEFINITIONS.

2 For purpose of this title:

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

4 lands described in section 802(a).

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

6 non-Federal lands described in section 802(b).

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

8 Agriculture.

9 TITLE IX—DAYTON AVIATION

10 Section 201(b) of the Dayton Aviation Heritage Pres11 ervation Act of 1992 (Public Law 102–419, approved Octo12 ber 16, 1992), is amended as follows:

13 (1) In paragraph (2), by striking ‘‘from rec14 ommendations’’ and inserting ‘‘after consideration of

15 recommendations’’.

16 (2) In paragraph (4), by striking ‘‘from rec17 ommendations’’ and inserting ‘‘after consideration of

18 recommendations’’.

19 (3) In paragraph (5), by striking ‘‘from rec20 ommendations’’ and inserting ‘‘after consideration of

21 recommendations’’.

22 (4) In paragraph (6), by striking ‘‘from rec23 ommendations’’ and inserting ‘‘after consideration of

24 recommendations’’.
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1 (5) In paragraph (7), by striking ‘‘from rec2 ommendations’’ and inserting ‘‘after consideration of

3 recommendations’’.

4 TITLE X—CACHE LA POUDRE

5 SEC. 1001. PURPOSE.

6 The purpose of this title is to designate the Cache La

7 Poudre River National Water Heritage Area within the

8 Cache La Poudre River Basin and to provide for the inter9 pretation, for the educational and inspirational benefit of

10 present and future generations, of the unique and signifi11 cant contributions to our national heritage of cultural and

12 historical lands, waterways, and structures within the Area.

13 SEC. 1002. DEFINITIONS.

14 As used in this title:

15 (1) AREA.—The term ‘‘Area’’ means the Cache

16 La Poudre River National Water Heritage Area es17 tablished by section 1003(a).

18 (2) COMMISSION.—The term ‘‘Commission’’

19 means the Cache La Poudre River National Water

20 Heritage Area Commission established by section

21 1004(a).

22 (3) GOVERNOR.—The term ‘‘Governor’’ means

23 the Governor of the State of Colorado.
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1 (4) PLAN.—The term ‘‘Plan’’ means the water

2 heritage area interpretation plan prepared by the

3 Commission pursuant to section 1008(a)

4 (5) POLITICAL SUBDIVISION OF THE STATE.—

5 The term ‘‘political subdivision of the State’’ means

6 a political subdivision of the State of Colorado, any

7 part of which is located in or adjacent to the Area,

8 including a county, city, town, water conservancy

9 district, or special district.

10 (6) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Interior.

12 SEC. 1003. ESTABLISHMENT OF THE CACHE LA POUDRE

13 RIVER NATIONAL WATER HERITAGE AREA.

14 (a) ESTABLISHMENT.—There is established in the

15 State of Colorado the Cache La Poudre River National

16 Water Heritage Area.

17 (b) BOUNDARIES.—The boundaries of this Area shall

18 include those lands within the 100-year flood plain of the

19 Cache La Poudre River Basin, beginning at a point where

20 the Cache La Poudre River flows out of the Roosevelt Na21 tional Forest and continuing east along said floodplain to

22 a point one quarter of one mile west of the confluence of

23 the Cache La Poudre River and the South Platte Rivers

24 in Weld County, Colorado, comprising less than 35,000
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1 acres, and generally depicted as the 100-year flood bound2 ary on the Federal Flood Insurance maps listed below:

3 (1) FLOOD INSURANCE RATE MAP, LARIMER

4 COUNTY, COLORADO.—Community-Panel No. 080101

5 0146B, April 2, 1979. United States Department of

6 Housing and Urban Development, Federal Insurance

7 Administration.

8 (2) FLOOD INSURANCE RATE MAP, LARIMER

9 COUNTY, COLORADO.—Community-Panel No. 080101

10 0147B, April 2, 1979. United States Department of

11 Housing and Urban Development, Federal Insurance

12 Administration.

13 (3) FLOOD INSURANCE RATE MAP, LARIMER

14 COUNTY, COLORADO.—Community-Panel No. 080101

15 0162B, April 2, 1979. United States Department of

16 Housing and Urban Development, Federal Insurance

17 Administration.

18 (4) FLOOD INSURANCE RATE MAP, LARIMER

19 COUNTY, COLORADO.—Community-Panel No. 080101

20 0163C, March 18, 1986. Federal Emergency Manage21 ment Agency, Federal Insurance Administration.

22 (5) FLOOD INSURANCE RATE MAP, LARIMER

23 COUNTY, COLORADO.—Community-Panel No. 080101

24 0178C, March 18, 1986. Federal Emergency Manage25 ment Agency, Federal Insurance Administration.
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1 (6) FLOOD INSURANCE RATE MAP, LARIMER

2 COUNTY, COLORADO.—Community-Panel No. 080102

3 0002B, February 15, 1984. Federal Emergency Man4 agement Agency, Federal Insurance Administration.

5 (7) FLOOD INSURANCE RATE MAP, LARIMER

6 COUNTY, COLORADO.—Community-Panel No. 080101

7 0179C, March 18, 1986. Federal Emergency Manage8 ment Agency, Federal Insurance Administration.

9 (8) FLOOD INSURANCE RATE MAP, LARIMER

10 COUNTY, COLORADO.—Community-Panel No. 080101

11 0193D, November 17, 1993. Federal Emergency Man12 agement Agency, Federal Insurance Administration.

13 (9) FLOOD INSURANCE RATE MAP, LARIMER

14 COUNTY, COLORADO.—Community-Panel No. 080101

15 0194D, November 17, 1993. Federal Emergency Man16 agement Agency, Federal Insurance Administration.

17 (10) FLOOD INSURANCE RATE MAP, LARIMER

18 COUNTY, COLORADO.—Community-Panel No. 080101

19 0208C, November 17, 1993. Federal Emergency Man20 agement Agency, Federal Insurance Administration.

21 (11) FLOOD INSURANCE RATE MAP, LARIMER

22 COUNTY, COLORADO.—Community-Panel No. 080101

23 0221C, November 17, 1993. Federal Emergency Man24 agement Agency, Federal Insurance Administration.
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1 (12) FLOOD INSURANCE RATE MAP, LARIMER

2 COUNTY, COLORADO.—Community-Panel No. 080266

3 0605D, September 27, 1991. Federal Emergency Man4 agement Agency, Federal Insurance Administration.

5 (13) FLOOD INSURANCE RATE MAP, LARIMER

6 COUNTY, COLORADO.—Community-Panel No. 080264

7 0005A, September 27, 1991. Federal Emergency Man8 agement Agency, Federal Insurance Administration.

9 (14) FLOOD INSURANCE RATE MAP, LARIMER

10 COUNTY, COLORADO.—Community-Panel No. 080266

11 0608D, September 27, 1991. Federal Emergency Man12 agement Agency, Federal Insurance Administration.

13 (15) FLOOD INSURANCE RATE MAP, LARIMER

14 COUNTY, COLORADO.—Community-Panel No. 080266

15 0609C, September 28, 1982. Federal Emergency Man16 agement Agency, Federal Insurance Administration.

17 (16) FLOOD INSURANCE RATE MAP, LARIMER

18 COUNTY, COLORADO.—Community-Panel No. 080266

19 0628C, September 28, 1982. Federal Emergency Man20 agement Agency, Federal Insurance Administration.

21 (17) FLOOD INSURANCE RATE MAP, LARIMER

22 COUNTY, COLORADO.—Community-Panel No. 080184

23 0002B, July 16, 1979. United States Department of

24 Housing and Urban Development, Federal Insurance

25 Administration.
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1 (18) FLOOD INSURANCE RATE MAP, LARIMER

2 COUNTY, COLORADO.—Community-Panel No. 080266

3 0636C, September 28, 1982. Federal Emergency Man4 agement Agency, Federal Insurance Administration.

5 (19) FLOOD INSURANCE RATE MAP, LARIMER

6 COUNTY, COLORADO.—Community-Panel No. 080266

7 0637C, September 28, 1982. Federal Emergency Man8 agement Agency, Federal Insurance Administration.

9 As soon as practicable after the date of enactment of this

10 title, the Secretary shall publish in the Federal Register a

11 detailed description and map of the boundaries of the Area.

12 (c) PUBLIC ACCESS TO MAPS.—The maps shall be on

13 file and available for public inspection in—

14 (1) the offices of the Department of the Interior

15 in Washington, District of Columbia, and Denver,

16 Colorado; and

17 (2) local offices of the city of Fort Collins,

18 Larimer Country, the city of Greeley, and Weld

19 County.

20 SEC. 1004. ESTABLISHMENT OF THE CACHE LA POUDRE

21 RIVER NATIONAL WATER HERITAGE AREA

22 COMMISSION

23 (a) ESTABLISHMENT.—
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1 (1) IN GENERAL.—There is established the Cache

2 La Poudre River National Water Heritage Area Com3 mission.

4 (2) FUNCTION.—The Commission, in consulta5 tion with appropriate Federal, State, and local au6 thorities, shall develop and implement an integrated

7 plan to interpret elements of the history of water de8 velopment within the Area.

9 (b) MEMBERSHIP.—

10 (1) COMPOSITION.—The Commission shall be

11 composed of 15 members appointed not later than 6

12 months after the date of enactment of this title. Of

13 these 15 members—

14 (A) 1 member shall be a representative of

15 the Secretary of the Interior which member shall

16 be an ex officio member;

17 (B) 1 member shall be a representative of

18 the Forest Service, appointed by the Secretary of

19 Agriculture, which member shall be an ex officio

20 member;

21 (C) 3 members shall be recommended by the

22 Governor and appointed by the Secretary, of

23 whom—

24 (i) 1 member shall represent the State;
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1 (ii) 1 member shall represent Colorado

2 State University in Fort Collins; and

3 (iii) 1 member shall represent the

4 Northern Colorado Water Conservancy Dis5 trict;

6 (D) 6 members shall be representatives of

7 local governments who are recommended by the

8 Governor and appointed by the Secretary, of

9 whom—

10 (i) 1 member shall represent the city of

11 Fort Collins;

12 (ii) 2 members shall represent Larimer

13 County, 1 of which shall represent agri14 culture or irrigated water interests;

15 (iii) 1 member shall represent the city

16 of Greeley;

17 (iv) 2 members shall represent Weld

18 County, 1 of which shall represent agricul19 tural or irrigated water interests; and

20 (v) 1 member shall represent the city of

21 Loveland; and

22 (E) 3 members shall be recommended by the

23 Governor and appointed by the Secretary, and

24 shall—

25 (i) represent the general public;
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1 (ii) be citizens of the State; and

2 (iii) reside within the Area.

3 (2) CHAIRPERSON.—The chairperson of the Com4 mission shall be elected by the members of the Com5 mission from among members appointed under sub6 paragraph (C), (D), or (E) of paragraph (1). The

7 chairperson shall be elected for a 2-year term.

8 (3) VACANCIES.—A vacancy on the Commission

9 shall be filled in the same manner in which the origi10 nal appointment was made.

11 (c) TERMS OF SERVICE.—

12 (1) IN GENERAL.—Except as provided in para13 graphs (2) and (3), each member of the Commission

14 shall be appointed for a term of 3 years and may be

15 reappointed.

16 (2) INITIAL MEMBERS.—The initial members of

17 the Commission first appointed under subsection

18 (b)(1) shall be appointed as follows:

19 (A) 3-YEAR TERMS.—The following initial

20 members shall serve for a 3-year term:

21 (i) The representative of the Secretary

22 of the Interior.

23 (ii) 1 representative of Weld County.

24 (iii) 1 representative of Larimer Coun25 ty.
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1 (iv) 1 representative of the city of

2 Loveland.

3 (v) 1 representative of the general pub4 lic.

5 (B) 2-YEAR TERMS.—The following initial

6 members shall serve for a 2-year term:

7 (i) The representative of the Forest

8 Service.

9 (ii) The representative of the State.

10 (iii) The representative of Colorado

11 State University.

12 (iv) The representative of the Northern

13 Colorado Water Conservancy District.

14 (C) 1-YEAR TERMS.—The following initial

15 members shall serve for a 1-year term:

16 (i) 1 representative of the city of Fort

17 Collins.

18 (ii) 1 representative of Larimer Coun19 ty.

20 (iii) 1 representative of the city of

21 Greeley.

22 (iv) 1 representative of Weld County.

23 (v) 1 representative of the general pub24 lic.

25 (3) PARTIAL TERMS.—
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1 (A) FILLING VACANCIES.—A member of the

2 Commission appointed to fill a vacancy occur3 ring before the expiration of the term for which

4 a predecessor was appointed shall be appointed

5 only for the remainder of their term.

6 (B) EXTENDED SERVICE.—A member of the

7 Commission may serve after the expiration of

8 that member’s term until a successor has taken

9 office.

10 (d) COMPENSATION.—Members of the Commission

11 shall receive no compensation for their service on the Com12 mission.

13 (e) TRAVEL EXPENSES.—While away from their homes

14 or regular places of business in the performance of services

15 for the Commission, members shall be allowed travel ex16 penses, including per diem in lieu of subsistence, in the

17 same manner as persons employed intermittently in the

18 Government service are allowed expenses under section 5703

19 of title 5, United States Code.

20 SEC. 1005. STAFF OF THE COMMISSION.

21 (a) STAFF.—The Commission shall have the power to

22 appoint and fix the compensation of such staff as may be

23 necessary to carry out the duties of the Commission.

24 (1) APPOINTMENT AND COMPENSATION.—Staff

25 appointed by the Commission—
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1 (A) shall be appointed without regard to the

2 city service laws and regulations; and

3 (B) shall be compensated without regard to

4 the provisions of chapter 51 and subchapter III

5 of chapter 53 of title 5, United States Code, re6 lating to classification of positions and General

7 Schedule pay rates.

8 (b) EXPERTS AND CONSULTANTS.—Subject to such

9 rules as may be adopted by the Commission, the Commis10 sion may procure temporary and intermittent services to

11 the same extent as is authorized by section 3109(b) of title

12 5, United States Code, at rates for individuals that do not

13 exceed the daily equivalent of the annual rate of basic pay

14 prescribed for level V of the Executive Schedule under sec15 tion 5316 of such title.

16 (c) STAFF OF OTHER AGENCIES.—

17 (1) FEDERAL.—Upon request of the Commission,

18 the head of a Federal agency may detail, on a reim19 bursement basis, any of the personnel of the agency to

20 the Commission to assist the Commission in carrying

21 out the Commission’s duties. The detail shall be with22 out interruption or loss of civil service status or

23 privilege.

24 (2) ADMINISTRATIVE SUPPORT SERVICES.—The

25 Administrator of the General Services Administration
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1 shall provide to the Commission, on a reimbursable

2 basis, such administrative support services as the

3 Commission may request.

4 (3) STATE.—The Commission may—

5 (A) accept the service of personnel detailed

6 from the State, State agencies, and political sub7 divisions of the State; and

8 (B) reimburse the State, State agency, or

9 political subdivision of the State for such serv10 ices.

11 SEC. 1006. POWERS OF THE COMMISSION.

12 (a) HEARINGS.—

13 (1) IN GENERAL.—The Commission may hold

14 such hearings, sit and act at such times and places,

15 take such testimony, and receive such evidence as the

16 Commission considers necessary to carry out this

17 title.

18 (2) SUBPOENAS.—The Commission may not

19 issue subpoenas or exercise any subpoena authority.

20 (b) MAILS.—The Commission may use the United

21 States mails in the same manner and under the same condi22 tions as other departments and agencies of the Federal Gov23 ernment.

24 (c) MATCHING FUNDS.—The Commission may use its

25 funds to obtain money from any source under a program
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1 or law requiring the recipient of the money to make a con2 tribution in order to receive the money.

3 (d) GIFTS.—

4 (1) IN GENERAL.—Except as provided in sub5 section (e)(3), the Commission may, for the purpose

6 of carrying out its duties, seek, accept, and dispose of

7 gifts, bequests, or donations of money, personal prop8 erty, or services received from any source.

9 (2) CHARITABLE CONTRIBUTIONS.—For the pur10 pose of section 170(c) of the Internal Revenue Code of

11 1986, a gift to the Commission shall be deemed to be

12 a gift to the United States.

13 (e) REAL PROPERTY.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2) and except with respect to a leasing of fa16 cilities under section 6(c)(2), the Commission may

17 not acquire real property or an interest in real prop18 erty.

19 (2) EXCEPTION.—Subject to paragraph (3), the

20 Commission may acquire real property in the Area,

21 and interests in real property in the Area—

22 (A) by gift or device;

23 (B) by purchase from a willing seller with

24 money that was given or bequeathed to the Com25 mission; or
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1 (C) by exchange.

2 (3) CONVEYANCE TO PUBLIC AGENCIES.—Any

3 real property or interest in real property acquired by

4 the Commission under paragraph (2) shall be con5 veyed by the Commission to an appropriate non-Fed6 eral public agency, as determined by the Commission.

7 The conveyance shall be made—

8 (A) as soon as practicable after acquisition;

9 (B) without consideration; and

10 (C) on the condition that the real property

11 or interest in real property so conveyed is used

12 in furtherance of the purpose for which the Area

13 is established.

14 (f) COOPERATIVE AGREEMENTS.—For the purpose of

15 carrying out the Plan, the Commission may enter into co16 operative agreements with Federal agencies, State agencies,

17 political subdivisions of the State, and persons. Any such

18 cooperative agreement shall, at a minimum, establish proce19 dures for providing notice to the Commission of any action

20 that may affect the implementation of the Plan.

21 (g) ADVISORY GROUPS.—The Commission may estab22 lish such advisory groups as it considers necessary to ensure

23 open communication with, and assistance from Federal

24 agencies, State agencies, political subdivisions of the State,

25 and interested persons.
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1 (h) MODIFICATION OF PLANS.—

2 (1) IN GENERAL.—The Commission may modify

3 the Plan if the Commission determines that such

4 modification is necessary to carry out this title.

5 (2) NOTICE.—No modification shall take effect

6 until—

7 (A) any Federal agency, State agency, or

8 political subdivision of the State that may be af9 fected by the modification receives adequate no10 tice of, and an opportunity to comment on, the

11 modification;

12 (B) if the modification is significant, as de13 termined by the Commission, the Commission

14 has—

15 (i) provided adequate notice of the

16 modification by publication in the area of

17 the Area; and

18 (ii) conducted a public hearing with

19 respect to the modification; and

20 (C) the Governor has approved the modi21 fication.

22 SEC. 1007. DUTIES OF THE COMMISSION.

23 (a) PLAN.—The Commission shall prepare, obtain ap24 proval for, implement, and support the Plan in accordance

25 with section 1008.
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1 (b) MEETINGS.—

2 (1) TIMING.—

3 (A) INITIAL MEETING.—The Commission

4 shall hold its first meeting not later than 90

5 days after the date on which its last initial

6 member is appointed.

7 (B) SUBSEQUENT MEETINGS.—After the

8 initial meeting, the Commission shall meet at the

9 call of the chairperson or 7 of its members, ex10 cept that the commission shall meet at least

11 quarterly .

12 (2) QUORUM.—Ten members of the Commission

13 shall constitute a quorum, but a lesser number of

14 members may hold hearings.

15 (3) BUDGET.—The affirmative vote of not less

16 than 10 members of the Commission shall be required

17 to approve the budget of the Commission.

18 (c) ANNUAL REPORTS.—Not later than May 15 of each

19 year, following the year in which the members of the Com20 mission have been appointed, the Commission shall publish

21 and submit to the Secretary and to the Governor, an annual

22 report concerning the Commission’s activities.

23 SEC. 1008. PREPARATION, REVIEW, AND IMPLEMENTATION

24 OF THE PLAN.

25 (a) PREPARATION OF PLAN.—
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1 (1) IN GENERAL.—Not later than 2 years after

2 the Commission conducts its first meeting, the Com3 mission shall submit to the Governor a Water Herit4 age Area Interpretation Plan.

5 (2) DEVELOPMENT.—In developing the Plan, the

6 Commission shall—

7 (A) consult on a regular basis with appro8 priate officials of any Federal or State agency,

9 political subdivision of the State, and local gov10 ernment that has jurisdiction over or an owner11 ship interest in land, water, or water rights

12 within the Area; and

13 (B) conduct public hearings within the Area

14 for the purpose of providing interested persons

15 the opportunity to testify about matters to be ad16 dressed by the Plan.

17 (3) RELATIONSHIP TO EXISTING PLANS.—The

18 Plan—

19 (A) shall recognize any existing Federal,

20 State, and local plans;

21 (B) shall not interfere with the implementa22 tion, administration, or amendment of such

23 plans; and
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1 (C) to the extent feasible, shall seek to co2 ordinate the plans and present a unified inter3 pretation plan for the Area.

4 (b) REVIEW OF PLAN.—

5 (1) IN GENERAL.—The Commission shall submit

6 the Plan to the Governor for his review.

7 (2) GOVERNOR.—The Governor may review the

8 Plan and if he concurs in the Plan, may submit the

9 Plan to the Secretary, together with any recommenda10 tions.

11 (3) SECRETARY.—The Secretary shall approve or

12 disapprove the Plan within 90 days. In reviewing the

13 Plan, the Secretary shall consider the adequacy of—

14 (A) public participation; and

15 (B) the Plan in interpreting, for the edu16 cational and inspirational benefit of present and

17 future generations, the unique and significant

18 contributions to our national heritage of cultural

19 and historical lands, waterways, and structures

20 within the Area.

21 (c) DISAPPROVAL OF PLAN.—

22 (1) NOTIFICATION BY SECRETARY.—If the Sec23 retary disapproves the Plan, the Secretary shall, not

24 later than 60 days after the date of disapproval, ad25 vise the Governor and the Commission of the reasons
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1 for disapproval, together with recommendations for

2 revision.

3 (2) REVISION AND RESUBMISSION TO GOV4 ERNOR.—Not later than 90 days after receipt of the

5 notice of disapproval, the Commission shall revise

6 and resubmit the Plan to the Governor for review.

7 (3) RESUBMISSION TO SECRETARY.—If the Gov8 ernor concurs in the revised Plan, he may submit the

9 revised Plan to the Secretary who shall approve or

10 disapprove the revision within 60 days. If the Gov11 ernor does not concur in the revised Plan, he may re12 submit it to the Commission together with his rec13 ommendations for further consideration and modi14 fication.

15 (d) IMPLEMENTATION OF PLAN.—After approval by the

16 Secretary, the Commission shall implement and support the

17 Plan as follows:

18 (1) CULTURAL RESOURCES.—

19 (A) IN GENERAL.—The Commission shall

20 assist Federal agencies, State agencies, political

21 subdivisions of the State, and nonprofit organi22 zations in the conservation and interpretation of

23 cultural resources within the Area.

24 (B) EXCEPTION.—In providing the assist25 ance, the Commission shall in no way infringe
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1 upon the authorities and policies of a Federal

2 agency, State agency, or political subdivision of

3 the State concerning the administration and

4 management of property, water, or water rights

5 held by such agency, political subdivision, or

6 private persons or entities, or affect the jurisdic7 tion of the State of Colorado over any property,

8 water, or water rights within the Area.

9 (2) PUBLIC AWARENESS.—The Commission shall

10 assist in the enhancement of public awareness of, and

11 appreciation for, the historical, recreational, architec12 tural, and engineering structures in the Area, and the

13 archaeological, geological, and cultural resources and

14 sites in the Area—

15 (A) by encouraging private owners of iden16 tified structures, sites, and resources to adopt

17 voluntary measures for the preservation of the

18 identified structure, site, or resource; and

19 (B) by cooperating with Federal agencies,

20 State agencies, and political subdivisions of the

21 State in acquiring, on a willing seller basis, any

22 identified structure, site, or resource which the

23 Commission, with the concurrence of the Gov24 ernor, determines should be acquired and held by

25 an agency of the State.
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1 (3) RESTORATION.—The Commission may assist

2 Federal agencies, State agencies, political subdivisions

3 of the State, and nonprofit organizations in the res4 toration of any identified structure or site in the Area

5 with consent of the owner. The assistance may include

6 providing technical assistance for historic preserva7 tion, revitalization, and enhancement efforts.

8 (4) INTERPRETATION.—The Commission shall

9 assist in the interpretation of the historical, present,

10 and future uses of the Area—

11 (A) by consulting with the Secretary with

12 respect to the implementation of the Secretary’s

13 duties under section 1010;

14 (B) by assisting the State and political sub15 divisions of the State in establishing and main16 taining visitor orientation centers and other in17 terpretive exhibits within the Area;

18 (C) by encouraging voluntary cooperation

19 and coordination, with respect to ongoing inter20 pretive services in the Area, among Federal

21 agencies, State agencies, political subdivisions of

22 the State, nonprofit organizations, and private

23 citizens, and

24 (D) by encouraging Federal agencies, State

25 agencies, political subdivisions of the State, and
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1 nonprofit organizations to undertake new inter2 pretive initiatives with respect to the Area.

3 (5) RECOGNITION.—The Commission shall assist

4 in establishing recognition for the Area by actively

5 promoting the cultural, historical, natural, and rec6 reational resources of the Area on a community, re7 gional, statewide, national, and international basis.

8 (6) LAND EXCHANGES.—The Commission shall

9 assist in identifying and implementing land ex10 changes within the State of Colorado by Federal and

11 State agencies that will expand open space and rec12 reational opportunities within the flood plain of the

13 Area.

14 SEC. 1009. TERMINATION OF TRAVEL EXPENSES PROVI15 SION.

16 Effective on the date that is 5 years after the date on

17 which the Secretary approves the Plan, section 5 is amend18 ed by striking subsection (e).

19 SEC. 1010. DUTIES OF THE SECRETARY.

20 (a) ACQUISITION OF LAND.—The Secretary may ac21 quire land and interests in land within the Area that have

22 been specifically identified by the Commission for acquisi23 tion by the Federal Government and that have been ap24 proved for such acquisition by the Governor and the politi25 cal subdivision of the State where the land is located by
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1 donation, purchase with donated or appropriated funds, or

2 exchange. Acquisition authority may only be used if such

3 lands cannot be acquired by donation or exchange. No land

4 or interest in land may be acquired without the consent

5 of the owner.

6 (b) TECHNICAL ASSISTANCE.—The Secretary shall,

7 upon the request of the Commission, provide technical as8 sistance to the Commission in the preparation and imple9 mentation of the Plan pursuant to section 1008.

10 (c) DETAIL.—Each fiscal year during the existence of

11 the Commission, the Secretary shall detail to the Commis12 sion, on a nonreimbursable basis, 2 employees of the De13 partment of the Interior to enable the Commission to carry

14 out the Commission’s duties under section 1007.

15 SEC. 1011. OTHER FEDERAL ENTITIES.

16 (a) DUTIES.—Subject to section 1001, a Federal entity

17 conducting or supporting activities directly affecting the

18 flow of the Cache La Poudre River through the Area, or

19 the natural resources of the Area shall consult with the

20 Commission with respect to such activities;

21 (b) AUTHORIZATION.—

22 (1) IN GENERAL.—The Secretary or Adminis23 trator of a Federal agency may acquire land in the

24 flood plain of the Area by exchange for other lands

25 within such agency’s jurisdiction within the State of
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1 Colorado, based on fair market value: Provided, That

2 such lands have been identified by the Commission for

3 acquisition by a Federal agency and the Governor

4 and the political subdivision of the State or the owner

5 where the lands are located concur in the exchange.

6 Land so acquired shall be used to fulfill the purpose

7 for which the Area is established.

8 (2) AUTHORIZATION TO CONVEY PROPERTY.—

9 The first sentence of section 203(k)(3) of the Federal

10 Property and Administrative Services Act of 1949 (40

11 U.S.C. 484(k)(3)) is amended by striking ‘‘historic

12 monument, for the benefit of the public’’ and inserting

13 ‘‘historic monument or any such property within the

14 State of Colorado for the Cache La Poudre River Na15 tional Water Heritage Area, for the benefit of the pub16 lic’’.

17 SEC. 1012. EFFECT ON ENVIRONMENTAL AND OTHER

18 STANDARDS, RESTRICTIONS, AND SAVINGS

19 PROVISIONS.

20 (a) EFFECT ON ENVIRONMENTAL AND OTHER STAND21 ARDS.—

22 (1) VOLUNTARY COOPERATION.—In carrying out

23 this title, the Commission and Secretary shall empha24 size voluntary cooperation.
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1 (2) RULES, REGULATIONS, STANDARDS, AND

2 PERMIT PROCESSES.—Nothing in this title shall be

3 considered to impose or form the basis for imposition

4 of any environmental, occupational, safety, or other

5 rule, regulation, standard, or permit process that is

6 different from those that would be applicable had the

7 Area not been established.

8 (3) ENVIRONMENTAL QUALITY STANDARDS.—

9 Nothing in this title shall be considered to impose the

10 application or administration of any Federal or

11 State environmental quality standard that is different

12 from those that will be applicable had the Area not

13 been established.

14 (4) WATER STANDARDS.—Nothing in this title

15 shall be considered to impose any Federal or State

16 water use designation or water quality standard upon

17 uses of, or discharges to, waters of the State or waters

18 of the United States, within or adjacent to the Area,

19 that is more restrictive than those that would be ap20 plicable had the Area not been established.

21 (5) PERMITTING OF FACILITIES.—Nothing in the

22 establishment of the Area shall abridge, restrict, or

23 alter any applicable rule, regulation, standard, or re24 view procedure for permitting of facilities within or

25 adjacent to the Area.
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1 (6) WATER FACILITIES.—Nothing in the estab2 lishment of the Area shall affect the continuing use

3 and operation, repair, rehabilitation, expansion, or

4 new construction of water supply facilities, water and

5 wastewater treatment facilities, stormwater facilities,

6 public utilities, and common carriers.

7 (7) WATER AND WATER RIGHTS.—Nothing in the

8 establishment of the Area shall be considered to au9 thorize or imply the reservation or appropriation of

10 water or water rights for any purpose.

11 (b) RESTRICTIONS ON COMMISSION AND SECRETARY.—

12 Nothing in this title shall be construed to vest in the Com13 mission or the Secretary the authority to—

14 (1) require a Federal agency, State agency, po15 litical subdivision of the State, or private person (in16 cluding an owner of private property) to participate

17 in a project or program carried out by the Commis18 sion or the Secretary under the title;

19 (2) intervene as a party in an administrative or

20 judicial proceeding concerning the application or en21 forcement of a regulatory authority of a Federal agen22 cy, State agency, or political subdivision of the State,

23 including, but not limited to, authority relating to—

24 (A) land use regulation;

25 (B) environmental quality;
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1 (C) licensing;

2 (D) permitting;

3 (E) easements;

4 (F) private land development; or

5 (G) other occupational or access issue;

6 (3) establish or modify a regulatory authority of

7 a Federal agency, State agency, or political subdivi8 sion of the State, including authority relating to—

9 (A) land use regulation;

10 (B) environmental quality; or

11 (C) pipeline or utility crossings;

12 (4) modify a policy of a Federal agency, State

13 agency, or political subdivision of the State;

14 (5) attest in any manner the authority and ju15 risdiction of the State with respect to the acquisition

16 of lands or water, or interest in lands or water;

17 (6) vest authority to reserve or appropriate

18 water or water rights in any entity for any purpose;

19 (7) deny, condition, or restrict the construction,

20 repair, rehabilitation, or expansion of water facilities,

21 including stormwater, water, and wastewater treat22 ment facilities; or

23 (8) deny, condition, or restrict the exercise of

24 water rights in accordance with the substantive and

25 procedural requirements of the laws of the State.
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1 (c) SAVINGS PROVISION.—Nothing in this title shall

2 diminish, enlarge, or modify a right of a Federal agency,

3 State agency, or political subdivision of the State—

4 (1) to exercise civil and criminal jurisdiction

5 within the Area; or

6 (2) to tax persons, corporations, franchises, or

7 property, including minerals and other interests in or

8 on lands or waters within the urban river corridor

9 portions of the Area.

10 (d) ACCESS TO PRIVATE PROPERTY.—Nothing in this

11 title requires an owner of private property to allow access

12 to the property by the public.

13 SEC. 1013. AUTHORIZATION OF APPROPRIATIONS.

14 (a) IN GENERAL.—There are authorized to be appro15 priated not to exceed $50,000 to the Commission to carry

16 out this Act.

17 (b) MATCHING FUNDS.—Funds may be made available

18 pursuant to this section only to the extent they are matched

19 by equivalent funds or in-kind contributions of services or

20 materials from non-Federal sources.

21 TITLE XI—GILPIN COUNTY, COLORADO

22 LAND EXCHANGE

23 SEC. 1101. FINDINGS AND PURPOSES.

24 (a) FINDINGS.—Congress finds and declares that—
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1 (1) certain scattered parcels of Federal land lo2 cated within Gilpin County, Colorado, are currently

3 administered by the Secretary of the Interior as part

4 of the Royal Gorge Resource Area, Canon City Dis5 trict, United States Bureau of Land Management;

6 (2) these land parcels, which comprises approxi7 mately 133 separate tracts of land, and range in size

8 from approximately 38 acres to much less than an

9 acre have been identified as suitable for disposal by

10 the Bureau of Land Management through its resource

11 management planning process and are appropriate

12 for disposal; and

13 (3) even though the Federal land parcels in Gil14 pin County, Colorado, are scattered and small in size,

15 they nevertheless by virtue of their proximity to exist16 ing communities appear to have a fair market value

17 which may be used by the Federal Government to ex18 change for lands which will better lend themselves to

19 Federal management and have higher values for fu20 ture public access, use and enjoyment, recreation, the

21 protection and enhancement of fish and wildlife and

22 fish and wildlife habitat, and the protection of ripar23 ian lands, wetlands, scenic beauty and other public

24 values.
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1 (b) PURPOSE.—It is the purpose of this title to author2 ize, direct, facilitate and expedite the land exchange set

3 forth herein in order to further the public interest by dispos4 ing of Federal lands with limited public utility and acquire

5 in exchange therefor lands with important values for per6 manent public management and protection.

7 SEC. 1102. LAND EXCHANGE.

8 (a) IN GENERAL.—The exchange directed by this title

9 shall be consummated if within 90 days after enactment

10 of this Act, Lake Gulch, Inc., a Colorado Corporation (as

11 defined in section 1104 of this title) offers to transfer to

12 the United States pursuant to the provisions of this title

13 the offered lands or interests in land described herein.

14 (b) CONVEYANCE BY LAKE GULCH.—Subject to the

15 provisions of section 1103 of this title, Lake Gulch shall

16 convey to the Secretary of the Interior all right, title, and

17 interest in and to the following offered lands—

18 (1) certain lands comprising approximately 40

19 acres with improvements thereon located in Larimer

20 County, Colorado, and lying within the boundaries of

21 Rocky Mountain National Park as generally depicted

22 on a map entitled ‘‘Circle C Church Camp’’, dated

23 August 1994, which shall upon their acquisition by

24 the United States and without further action by the

25 Secretary of the Interior be incorporated into Rocky
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1 Mountain National Park and thereafter be adminis2 tered in accordance with the laws, rules and regula3 tions generally applicable to the National Park Sys4 tem and Rocky Mountain National Park;

5 (2) certain lands located within and adjacent to

6 the United States Bureau of Land Management San

7 Luis Resource Area in Conejos County, Colorado,

8 which comprise approximately 3,993 acres and are

9 generally depicted on a map entitled ‘‘Quinlan

10 Ranches Tract’’, dated August 1994; and

11 (3) certain lands located within the United

12 States Bureau of Land Management Royal Gorge Re13 source Area in Huerfano County, Colorado, which

14 comprise approximately 4,700 acres and are generally

15 depicted on a map entitled ‘‘Bonham Ranch-Cucharas

16 Canyon’’, dated June 1995: Provided however, That it

17 is the intention of Congress that such lands may re18 main available for the grazing of livestock as deter19 mined appropriate by the Secretary in accordance

20 with applicable laws, rules, and regulations: Provided

21 further, That if the Secretary determines that certain

22 of the lands acquired adjacent to Cucharas Canyon

23 hereunder are not needed for public purposes they

24 may be sold in accordance with the provisions of sec-
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1 tion 203 of the Federal Land Policy and Management

2 Act of 1976 and other applicable law.

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

4 precise offered land parcels identified above is unable to be

5 conveyed to the United States due to appraisal or other

6 problems, Lake Gulch and the Secretary may mutually

7 agree to substitute therefor alternative offered lands accept8 able to the Secretary.

9 (d) COVEYANCE BY THE UNITED STATES.—(1) Upon

10 receipt of title to the lands identified in subsection (a) the

11 Secretary shall simultaneously convey to Lake Gulch all

12 right, title, and interest of the United States, subject to

13 valid existing rights, in and to the following selected

14 lands—

15 (A) certain surveyed lands located in Gilpin

16 County, Colorado, Township 3 South, Range 72

17 West, Sixth Principal Meridian, Section 18, Lots

18 118–220, which comprise approximately 195

19 acres and are intended to include all federally

20 owned lands in section 18, as generally depicted

21 on a map entitled ‘‘Lake Gulch Selected Lands’’,

22 dated July 1994;

23 (B) certain surveyed lands located in Gil24 pin County, Colorado, Township 3 South, Range

25 72 West, Sixth Principal Meridian, Section 17,
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1 Lots 37, 38, 39, 40, 52, 53, and 54, which com2 prise approximately 96 acres, as generally de3 picted on a map entitled ‘‘Lake Gulch Selected

4 Lands’’, dated July 1994; and

5 (C) certain unsurveyed lands located in Gil6 pin County, Colorado, Township 3 South, Range

7 73 West, Sixth Principal Meridian, Section 13,

8 which comprise approximately 11 acres, and are

9 generally depicted as parcels 302–304, 306 and

10 308–326 on a map entitled ‘‘Lake Gulch Selected

11 Lands’’, dated July 1994: Provided however,

12 That a parcel or parcels of land in section 13

13 shall not be transferred to Lake Gulch if at the

14 time of the proposed transfer the parcel or par15 cels are under formal application for transfer to

16 a qualified unit of local government. Due to the

17 small and unsurveyed nature of such parcels

18 proposed for transfer to Lake Gulch in section

19 13, and the high cost of surveying such small

20 parcels, the Secretary is authorized to transfer

21 such section 13 lands to Lake Gulch without sur22 vey based on such legal or other description as

23 the Secretary determines appropriate to carry

24 out the basic intent of the map cited in this sub25 paragraph.
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1 (2) If the Secretary and Lake Gulch mutually

2 agree, and the Secretary determines it is in the public

3 interest, the Secretary may utilize the authority and

4 direction of this title to transfer to Lake Gulch lands

5 in sections 17 and 13 that are in addition to those

6 precise selected lands shown on the map cited herein,

7 and which are not under formal application for

8 transfer to a qualified unit of local government, upon

9 transfer to the Secretary of additional offered lands

10 acceptable to the Secretary or upon payment to the

11 Secretary by Lake Gulch of cash equalization money

12 amounting to the full appraised fair market value of

13 any such additional lands. If any such additional

14 lands are located in section 13 they may be trans15 ferred to Lake Gulch without survey based on such

16 legal or other description as the Secretary determines

17 appropriate as long as the Secretary determines that

18 the boundaries of any adjacent lands not owned by

19 Lake Gulch can be properly identified so as to avoid

20 possible future boundary conflicts or disputes. If the

21 Secretary determines surveys are necessary to convey

22 any such additional lands to Lake Gulch, the costs of

23 such surveys shall be paid by Lake Gulch but shall

24 not be eligible for any adjustment in the value of such

25 additional lands pursuant to section 206(f)(2) of the
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1 Federal Land Policy and Management Act of 1976

2 (as amended by the Federal Land Exchange Facilita3 tion Act of 1988) (43 U.S.C. 1716(f)(2)).

4 (3) Prior to transferring out of public ownership

5 pursuant to this title or other authority of law any

6 lands which are contiguous to North Clear Creek

7 southeast of the City of Black Hawk, Colorado in the

8 County of Gilpin, Colorado, the Secretary shall notify

9 and consult with the county and city and afford such

10 units of local government an opportunity to acquire

11 or reserve pursuant to the Federal Land Policy and

12 Management Act of 1976 or other applicable law,

13 such easements or rights-of-way parallel to North

14 Clear Creek as may be necessary to serve public util15 ity line or recreation path needs: Provided however,

16 That any survey or other costs associated with the ac17 quisition or reservation of such easements or rights18 of-way shall be paid for by the unit or units of local

19 government concerned.

20 SEC. 1103. TERMS AND CONDITIONS OF EXCHANGE.

21 (a) EQUALIZATION OF VALUES.—

22 (1) The values of the lands to be exchanged pur23 suant to this title shall be equal as determined by the

24 Secretary of the Interior utilizing comparable sales of

25 surface and subsurface property and nationally recog-
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1 nized appraisal standards, including, to the extent

2 appropriate, the Uniform Standards for Federal

3 Land Acquisition, the Uniform Standards of Profes4 sional Appraisal Practice, the provisions of section

5 206(d) of the Federal Land Policy and Management

6 Act of 1976 (43 U.S.C. 1716(d)), and other applicable

7 law.

8 (2) In the event any cash equalization or land

9 sale moneys are received by the United States pursu10 ant to this Act, any such moneys shall be retained by

11 the Secretary of the Interior and may be utilized by

12 the Secretary until fully expended to purchase from

13 willing sellers land or water rights, or a combination

14 thereof, to augment wildlife habitat and protect and

15 restore wetlands in the Bureau of Land Management’s

16 Blanca Wetlands, Alamosa County, Colorado.

17 (3) Any water rights acquired by the United

18 States pursuant to this section shall be obtained by

19 the Secretary of the Interior in accordance with all

20 applicable provisions of Colorado law, including the

21 requirement to change the time, place, and type of use

22 of said water rights through the appropriate State

23 legal proceedings and to comply with any terms, con24 ditions, or other provisions contained in an applica25 ble decree of the Colorado Water Court. The use of
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1 any water rights acquired pursuant to this section

2 shall be limited to water that can be used or ex3 changed for water that can be used on the Blanca

4 Wetlands. Any requirement or proposal to utilize fa5 cilities of the San Luis Valley Project, Closed Basin

6 Diversion, in order to effectuate the use of any such

7 water rights shall be subject to prior approval of the

8 Rio Grande Water Conservation District.

9 (b) RESTRICTIONS ON SELECTED LANDS.—(1) Con10 veyance of the selected lands to Lake Gulch pursuant to this

11 title shall be contingent upon Lake Gulch executing an

12 agreement with the United States prior to such conveyance,

13 the terms of which are acceptable to the Secretary of the

14 Interior, and which—

15 (A) grant the United States a covenant that none

16 of the selected lands (which currently lie outside the

17 legally approved gaming area) shall ever be used for

18 purposes of gaming should the current legal gaming

19 area ever be expanded by the State of Colorado; and

20 (B) permanently hold the United States harmless

21 for liability and indemnify the United States against

22 all costs arising from any activities, operations (in23 cluding the storing, handling, and dumping of haz24 ardous materials or substances) or other acts con25 ducted by Lake Gulch or its employees, agents, succes-
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1 sors or assigns on the selected lands after their trans2 fer to Lake Gulch: Provided however, That nothing in

3 this title shall be construed as either diminishing or

4 increasing any responsibility or liability of the Unit5 ed States based on the condition of the selected lands

6 prior to or on the date of their transfer to Lake

7 Gulch.

8 (2) Conveyance of the selected lands to Lake Gulch

9 pursuant to this title shall be subject to the existing ease10 ment for Gilpin County Road 6.

11 (3) The above terms and restrictions of this subsection

12 shall not be considered in determining, or result in any

13 diminution in, the fair market value of the selected land

14 for purposes of the appraisals of the selected land required

15 pursuant to section 1102 of this title.

16 (c) REVOCATION OF WITHDRAWAL.—The Public Water

17 Reserve established by Executive order dated April 17, 1926

18 (Public Water Reserve 107), Serial Number Colorado

17321, is hereby revoked insofar as it affects the NW1⁄4SW1 19 ⁄4

20 of Section 17, Township 3 South, Range 72 West, Sixth

21 Principal Meridian, which covers a portion of the selected

22 lands identified in this title.

23 SEC. 1104. MISCELLANEOUS PROVISIONS.

24 (a) DEFINITIONS.—As used in this title:
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1 (1) The term ‘‘Secretary’’ means the Secretary of

2 the Interior.

3 (2) The term ‘‘Lake Gulch’’ means Lake Gulch,

4 Inc., a Colorado corporation, or its successors, heirs

5 or assigns.

6 (3) The term ‘‘offered land’’ means lands to be

7 conveyed to the United States pursuant to this title.

8 (4) The term ‘‘selected land’’ means lands to be

9 transferred to Lake Gulch, Inc., or its successors, heirs

10 or assigns pursuant to this title.

11 (5) The term ‘‘Blanca Wetlands’’ means an area

12 of land comprising approximately 9,290 acres, as

13 generally depicted on a map entitled ‘‘Blanca Wet14 lands’’, dated August 1994, or such land as the Sec15 retary may add thereto by purchase from willing sell16 ers after the date of enactment of this Act utilizing

17 funds provided by this title or such other moneys as

18 Congress may appropriate.

19 (b) TIME REQUIREMENT FOR COMPLETING TRANS20 FER.—It is the intent of Congress that unless the Secretary

21 and Lake Gulch mutually agree otherwise the exchange of

22 lands authorized and directed by this title shall be com23 pleted not later than 6 months after the date of enactment

24 of this Act. In the event the exchange cannot be con25 summated within such 6-month time period, the Secretary,
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1 upon application by Lake Gulch, is directed to sell to Lake

2 Gulch at appraised fair market value any or all of the par3 cels (comprising a total of approximately 11 acres) identi4 fied in section 1102(d)(1)(C) of this title as long as the par5 cel or parcels applied for are not under formal application

6 for transfer to a qualified unit of local government.

7 (c) ADMINISTRATION OF LANDS ACQUIRED BY UNITED

8 STATES.—In accordance with the provisions of section

9 206(c) of the Federal Land Policy and Management Act of

10 1976 (43 U.S.C. 1716(c)), all lands acquired by the United

11 States pursuant to this title shall upon acceptance of title

12 by the United States and without further action by the Sec13 retary concerned become part of and be managed as part

14 of the administrative unit or area within which they are

15 located.

16 TITLE XII—BUTTE COUNTY, CALIFORNIA

17 LAND CONVEYANCE

18 SECTIN 1201. FINDINGS AND PURPOSE.

19 (a) FINDINGS.—The Congress finds and declares

20 that—

21 (1) certain landowners in Butte County, Califor22 nia who own property adjacent to the Plumas Na23 tional Forest have been adversely affected by certain

24 erroneous surveys;
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1 (2) these landowners have occupied or improved

2 their property in good faith and in reliance on erro3 neous surveys of their properties that they believed

4 were accurate; and

5 (3) the 1992 Bureau of Land Management de6 pendent resurvey of the Plumas National Forest will

7 correctly establish accurate boundaries between such

8 forest and private lands.

9 (b) PURPOSE.—It is the purpose of this title to author10 ize and direct the Secretary of Agriculture to convey, with11 out consideration, certain lands in Butte County, Califor12 nia, to persons claiming to have been deprived of title to

13 such lands.

14 SEC. 1202. DEFINITIONS.

15 For the purpose of this title—

16 (1) the term ‘‘affected lands’’ means those Fed17 eral lands located in the Plumas National Forest in

18 Butte County, California, in sections 11, 12, 13, and

19 14, township 21 north, range 5 East, Mount Diablo

20 Meridian, as described by the dependent resurvey by

21 the Bureau of Land Management conducted in 1992,

22 and subsequent Forest Service land line location sur23 veys, including all adjoining parcels where the prop24 erty line as identified by the 1992 BLM dependent re-
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1 survey and National Forest boundary lines before

2 such dependent resurvey are not coincident;

3 (2) the term ‘‘claimant’’ means an owner of real

4 property in Butte County, California, whose real

5 property adjoins Plumas National Forest lands de6 scribed in subsection (a), who claims to have been de7 prived by the United States of title to property as a

8 result of previous erroneous surveys; and

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

10 Agriculture.

11 SEC. 1203. CONVEYANCE OF LANDS.

12 Notwithstanding any other provision of law, the Sec13 retary is authorized and directed to convey, without consid14 eration, all right, title, and interest of the United States

15 in and to affected lands as described in section 1202(1),

16 to any claimant or claimants, upon proper application

17 from such claimant or claimants, as provided in section

18 1204.

19 SEC. 1204. TERMS AND CONDITIONS OF CONVEYANCE.

20 (a) NOTIFICATION.—Not later than 2 years after the

21 date of enactment of this Act, claimants shall notify the

22 Secretary, through the Forest Supervisor of the Plumas Na23 tional Forest, in writing of their claim to affected lands.

24 Such claim shall be accompanied by—

25 (1) a description of the affected lands claimed;
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1 (2) information relating to the claim of owner2 ship of such lands; and

3 (3) such other information as the Secretary may

4 require.

5 (b) ISSUANCE OF DEED.—(1) Upon a determination

6 by the Secretary that issuance of a deed for affected lands

7 is consistent with the purpose and requirements of this title,

8 the Secretary shall issue a quit claim deed to such claimant

9 for the parcel to be conveyed.

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

11 in paragraph (1), the Secretary shall ensure that—

12 (A) the parcel or parcels to be conveyed have

13 been surveyed in accordance with the Memorandum of

14 Understanding between the Forest Service and the

15 Bureau of Land Management, dated November 11,

16 1989;

17 (B) all new property lines established by such

18 surveys have been monumented and marked; and

19 (C) all terms and conditions necessary to protect

20 third party and Government Rights-of-Way or other

21 interests are included in the deed.

22 (3) The Federal Government shall be responsible for

23 all surveys and property line markings necessary to imple24 ment this subsection.
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1 (c) NOTIFICATION TO BLM.—The Secretary shall sub2 mit to the Secretary of the Interior an authenticated copy

3 of each deed issued pursuant to this title no later than 30

4 days after the date such deed is issued.

5 SEC. 1205. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated such sums as

7 necessary to carry out the purposes of this title.

8 TITLE XIII—CARL GARNER FEDERAL

9 LANDS CLEANUP DAY

10 SEC. 1301. CARL GARNER FEDERAL LANDS CLEANUP DAY.

11 The Federal Lands Cleanup Act of 1985 (36 U.S.C.

12 169i–169i–1) is amended by striking the terms ‘‘Federal

13 Lands Cleanup Day’’ each place it appears and inserting

14 ‘‘Carl Garner Federal Lands Cleanup Day’’.

15 TITLE XIV—ANAKTUVUK PASS LAND

16 EXCHANGE

17 SEC. 1401. FINDINGS.

18 The Congress makes the following findings:

19 (1) The Alaska National Interest Lands Con20 servation Act (94 Stat. 2371), enacted on December 2,

21 1980, established Gates of the Arctic National Park

22 and Preserve and Gates of the Arctic Wilderness. The

23 village of Anaktuvuk Pass, located in the highlands of

24 the central Brooks Range, is virtually surrounded by

25 these national park and wilderness lands and is the
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1 only Native village located within the boundary of a

2 National Park System unit in Alaska.

3 (2) Unlike most other Alaskan Native commu4 nities, the village of Anaktuvuk Pass is not located on

5 a major river, lake, or coastline that can be used as

6 a means of access. The residents of Anaktuvuk Pass

7 have relied increasingly on snow machines in winter

8 and all-terrain vehicles in summer as their primary

9 means of access to pursue caribou and other subsist10 ence resources.

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

12 easements were reserved by the Inupiat Eskimo people

13 for use of all-terrain vehicles across certain national

14 park lands, mostly along stream and river banks.

15 These linear easements proved unsatisfactory, because

16 they provided inadequate access to subsistence re17 sources while causing excessive environmental impact

18 from concentrated use.

19 (4) The National Park Service and the

20 Nunamiut Corporation initiated discussions in 1985

21 to address concerns over the use of all-terrain vehicles

22 on park and wilderness land. These discussions re23 sulted in an agreement, originally executed in 1992

24 and thereafter amended in 1993 and 1994, among the

25 National Park Service, Nunamiut Corporation, the
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1 City of Anaktuvuk Pass, and Arctic Slope Regional

2 Corporation. Full effectuation of this agreement, as

3 amended, by its terms requires ratification by the

4 Congress.

5 SEC. 1402. RATIFICATION OF AGREEMENT.

6 (a) RATIFICATION.—

7 (1) IN GENERAL.—The terms, conditions, proce8 dures, covenants, reservations and other provisions set

9 forth in the document entitled ‘‘Donation, Exchange

10 of Lands and Interests in Lands and Wilderness Re11 designation Agreement Among Arctic Slope Regional

12 Corporation, Nunamiut Corporation, City of

13 Anaktuvuk Pass and the United States of America’’

14 (hereinafter referred to in this title as ‘‘the Agree15 ment’’), executed by the parties on December 17, 1992,

16 as amended, are hereby incorporated in this title, are

17 ratified and confirmed, and set forth the obligations

18 and commitments of the United States, Arctic Slope

19 Regional Corporation, Nunamiut Corporation and

20 the City of Anaktuvuk Pass, as a matter of Federal

21 law.

22 (2) LAND ACQUISITION.—Lands acquired by the

23 United States pursuant to the Agreement shall be ad24 ministered by the Secretary of the Interior (herein25 after referred to as the ‘‘Secretary’’) as part of Gates
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1 of the Arctic National Park and Preserve, subject to

2 the laws and regulations applicable thereto.

3 (b) MAPS.—The maps set forth as Exhibits C1, C2,

4 and D through I to the Agreement depict the lands subject

5 to the conveyances, retention of surface access rights, access

6 easements and all-terrain vehicle easements. These lands are

7 depicted in greater detail on a map entitled ‘‘Land Ex8 change Actions, Proposed Anaktuvuk Pass Land Exchange

9 and Wilderness Redesignation, Gates of the Arctic National

10 Park and Preserve’’, Map No. 185/80,039, dated April 1994,

11 and on file at the Alaska Regional Office of the National

12 Park Service and the offices of Gates of the Arctic National

13 Park and Preserve in Fairbanks, Alaska. Written legal de14 scriptions of these lands shall be prepared and made avail15 able in the above offices. In case of any discrepancies, Map

16 No. 185/80,039 shall be controlling.

17 SEC. 1403. NATIONAL PARK SYSTEM WILDERNESS.

18 (a) GATES OF THE ARCTIC WILDERNESS.—

19 (1) REDESIGNATION.—Section 701(2) of the

20 Alaska National Interest Lands Conservation Act (94

21 Stat. 2371, 2417) establishing the Gates of the Arctic

22 Wilderness is hereby amended with the addition of

23 approximately 56,825 acres as wilderness and the re24 scission of approximately 73,993 acres as wilderness,
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1 thus revising the Gates of the Arctic Wilderness to ap2 proximately 7,034,832 acres.

3 (2) MAP.—The lands redesignated by paragraph

4 (1) are depicted on a map entitled ‘‘Wilderness Ac5 tions, Proposed Anaktuvuk Pass Land Exchange and

6 Wilderness Redesignation, Gates of the Arctic Na7 tional Park and Preserve’’, Map No. 185/80,040,

8 dated April 1994, and on file at the Alaska Regional

9 Office of the National Park Service and the office of

10 Gates of the Arctic National Park and Preserve in

11 Fairbanks, Alaska.

12 (b) NOATAK NATIONAL PRESERVE.—Section 201(8)(a)

13 of the Alaska National Interest Land Conservation Act (94

14 Stat. 2380) is amended by—

15 (1) striking ‘‘approximately six million four

16 hundred and sixty thousand acres’’ and inserting in

17 lieu thereof ‘‘approximately 6,477,168 acres’’; and

18 (2) inserting ‘‘and the map entitled ‘‘Noatak Na19 tional Preserve and Noatak Wilderness Addition’’

20 dated September 1994’’ after ‘‘July 1980’’.

21 (c) NOATAK WILDERNESS.—Section 701(7) of the

22 Alaska National Interest Lands Conservation Act (94 Stat.

23 2417) is amended by striking ‘‘approximately five million

24 eight hundred thousand acres’’ and inserting in lieu thereof

25 ‘‘approximately 5,817,168 acres’’.
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1 SEC. 1404. CONFORMANCE WITH OTHER LAW.

2 (a) ALASKA NATIVE CLAIMS SETTLEMENT ACT.—All

3 of the lands, or interests therein, conveyed to and received

4 by Arctic Slope Regional Corporation or Nunamiut Cor5 poration pursuant to the Agreement shall be deemed con6 veyed and received pursuant to exchanges under section

7 22(f) of the Alaska Native Claims Settlement Act, as amend8 ed (43 U.S.C. 1601, 1621(f)). All of the lands or interests

9 in lands conveyed pursuant to the Agreement shall be con10 veyed subject to valid existing rights.

11 (b) ALASKA NATIONAL INTEREST LANDS CONSERVA12 TION ACT.—Except to the extent specifically set forth in this

13 title or the Agreement, nothing in this title or in the Agree14 ment shall be construed to enlarge or diminish the rights,

15 privileges, or obligations of any person, including specifi16 cally the preference for subsistence uses and access to sub17 sistence resources provided under the Alaska National Inter18 est Lands Conservation Act (16 U.S.C. 3101 et seq.).

19 TITLE XV—ALASKA PENINSULA

20 SUBSURFACE CONSOLIDATION

21 SEC. 1501. DEFINITIONS.

22 As used in this title:

23 (1) AGENCY.—The term agency—

24 (A) means—

25 (i) any instrumentality of the United

26 States; and
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1 (ii) any Government corporation (as

2 defined in section 9101(1) of title 31, Unit3 ed States Code); and

4 (B) includes any element of an agency.

5 (2) ALASKA NATIVE CORPORATION.—The term

6 ‘‘Alaska Native Corporation’’ has the same meaning

7 as is provided for ‘‘Native Corporation’’ in section

8 3(m) of the Alaska Native Claims Settlement Act (43

9 U.S.C. 1602(m)).

10 (3) FEDERAL LANDS OR INTEREST THEREIN.—

11 The term ‘‘Federal lands or interests therein’’ means

12 any lands or properties owned by the United States

13 (i) which are administered by the Secretary, or (ii)

14 which are subject to a lease to third parties, or (iii)

15 which have been made available to the Secretary for

16 exchange under this section through the concurrence of

17 the director of the agency administering such lands or

18 properties: Provided however, That excluded from

19 such lands shall be those lands which are within an

20 existing conservation system unit as defined in sec21 tion 102(4) of the Alaska National Interest Lands

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

23 lands the mineral interest for which are currently

24 under mineral lease.
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1 (4) KONIAG.—The term ‘‘Koniag’’ means

2 Koniag, Incorporated, which is a regional Corpora3 tion.

4 (5) REGIONAL CORPORATION.—The term ‘‘Re5 gional Corporation’’ has the same meaning as is pro6 vided in section 3(g) of the Alaska Native Claims Set7 tlement Act (43 U.S.C. 1602(g)).

8 (6) SECRETARY.—Except as otherwise provided,

9 the term ‘‘Secretary’’ means the Secretary of the Inte10 rior.

11 (7) SELECTION RIGHTS.—The term ‘‘selection

12 rights’’ means those rights granted to Koniag, pursu13 ant to subsections (a) and (b) of section 12, and sec14 tion 14(h)(8), of the Alaska Native Claims Settlement

15 Act (43 U.S.C. 1611 and 1613(h)(8)), to receive title

16 to the oil and gas rights and other interests in the

17 subsurface estate of the approximately 275,000 acres

18 of public lands in the State of Alaska identified as

19 ‘‘Koniag Selections’’ on the map entitled ‘‘Koniag In20 terest Lands, Alaska Peninsula’’, dated May 1989.

21 SEC. 1502. VALUATION OF KONIAG SELECTION RIGHTS.

22 (a) Pursuant to subsection (b) hereof, the Secretary

23 shall value the Selection Rights which Koniag possesses

24 within the boundaries of Aniakchak National Monument
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1 and Preserve, Alaska Peninsula National Wildlife Refuge,

2 and Becharof National Wildlife Refuge.

3 (b) VALUE.—

4 (1) IN GENERAL.—The value of the selection

5 rights shall be equal to the fair market value of—

6 (A) the oil and gas interests in the lands or

7 interests in lands that are the subject of the selec8 tion rights; and

9 (B) in the case of the lands or interests in

10 lands for which Koniag is to receive the entire

11 subsurface estate, the subsurface estate of the

12 lands or interests in lands that are the subject of

13 the selection rights.

14 (2) APPRAISAL.—

15 (A) SELECTION OF APPRAISER.—

16 (i) IN GENERAL.—Not later than 90

17 days after the date of enactment of this title

18 the Secretary and Koniag shall meet to se19 lect a qualified appraiser to conduct an ap20 praisal of the selection rights. Subject to

21 clause (ii), the appraiser shall be selected by

22 the mutual agreement of the Secretary and

23 Koniag.

24 (ii) FAILURE TO AGREE.—If the Sec25 retary and Koniag fail to agree on an ap-
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1 praiser by the date that is 60 days after the

2 date of the initial meeting referred to in

3 clause (i), the Secretary and Koniag shall,

4 by the date that is not later than 90 days

5 after the date of the initial meeting, each

6 designate an appraiser who is qualified to

7 perform the appraisal. The 2 appraisers so

8 identified shall select a third qualified ap9 praiser who shall perform the appraisal.

10 (B) STANDARDS AND METHODOLOGY.—The

11 appraisal shall be conducted in conformity with

12 the standards of the Appraisal Foundation (as

13 defined in section 1121(9) of the Financial Insti14 tutions Reform, Recovery, and Enforcement Act

15 of 1989 (12 U.S.C. 3350(9)).

16 (C) SUBMISSION OF APPRAISAL REPORT.—

17 Not later than 180 days after the selection of an

18 appraiser pursuant to subparagraph (A), the ap19 praiser shall submit to the Secretary and to

20 Koniag a written appraisal report specifying the

21 value of the selection rights and the methodology

22 used to arrive at the value.

23 (3) DETERMINATION OF VALUE.—

24 (A) DETERMINATION BY THE SECRETARY.—

25 Not later than 60 days after the date of the re-
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1 ceipt of the appraisal report under paragraph

2 (2)(c), the Secretary shall determine the value of

3 the selection rights and shall notify Koniag of

4 the determination.

5 (B) ALTERNATIVE DETERMINATION OF

6 VALUE.—

7 (i) IN GENERAL.—Subject to clause

8 (ii), if Koniag does not agree with the value

9 determined by the Secretary under subpara10 graph (A), the procedures specified in sec11 tion 206(d) of the Federal Land Policy and

12 Management Act of 1976 (43 U.S.C. 1716

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

14 (ii) AVERAGE VALUE LIMITATION.—

15 The average value per acre of the selection

16 rights shall not be less than the value utiliz17 ing the risk adjusted discount cash flow

18 methodology, but in no event may exceed

19 $300.

20 SEC. 1503. KONIAG ACCOUNT.

21 (a) IN GENERAL.—

22 (1) The Secretary shall enter into negotiations

23 for an agreement or agreements to exchange Federal

24 lands or interests therein which are in the State of

25 Alaska for the Selection Rights.
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1 (2) If the value of the Federal property to be ex2 changed is less than the value of the Selection Rights

3 established in section 1501, and if such Federal prop4 erty to be exchanged is not generating receipts to the

5 Federal Government in excess of $1,000,000 per year,

6 then the Secretary may exchange the Federal property

7 for that portion of the Selection Rights having a value

8 equal to that of the Federal property. The remaining

9 selection rights shall remain available for additional

10 exchanges.

11 (3) For the purposes of any exchange to be con12 summated under this title, if less than all the selec13 tion rights are being exchanged, then the value of the

14 selection rights being exchanged shall be equal to the

15 number of acres of selection rights being exchanged

16 multiplied by a fraction, the numerator of which is

17 the value of all the selection rights as determined pur18 suant to section 1502 hereof and the denominator of

19 which is the total number of acres of selection rights.

20 (B) ADDITIONAL EXCHANGES.—If, after ten

21 years from the date of the enactment of this title,

22 the Secretary was unable to conclude such ex23 changes as may be required to acquire all of the

24 selection rights, he shall conclude exchanges for

25 the remaining selection rights for such Federal
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1 property as may be identified by Koniag, which

2 property is available for transfer to the adminis3 trative jurisdiction of the Secretary under any

4 provision of law and which property, at the time

5 of the proposed transfer to Koniag is not gener6 ating receipts to the Federal Government in ex7 cess of $1,000,000 per year. The Secretary shall

8 keep Koniag advised in a timely manner as to

9 which properties may be available for such

10 transfer. Upon receipt of such identification by

11 Koniag, the Secretary shall request in a timely

12 manner the transfer of such identified property

13 to the administrative jurisdiction of the Depart14 ment of the Interior. Such property shall not be

15 subject to the geographic limitations of section

16 206(b) of the Federal Land Policy and Manage17 ment Act and may be retained by the Secretary

18 solely for purposes of transferring it to Koniag

19 to complete the exchange. Should the value of the

20 property so identified by Koniag be in excess of

21 the value of the remaining selection rights, then

22 Koniag shall have the option of (i) declining to

23 proceed with the exchange and identifying other

24 property or (ii) paying the difference in value

25 between the property rights.
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1 (c) REVENUES.—Any property received by Koniag in

2 an exchange entered into pursuant to subsection (a) or (b)

3 of this section shall be deemed to be an interest in the sub4 surface for purposes of section 7(i) of the Alaska Native

5 Claims Settlement Act (43 U.S.C. 1601 et seq.): Provided

6 however, That should Koniag make a payment to equalize

7 the value in any such exchange, then Koniag will be deemed

8 to hold an undivided interest in the property equal in value

9 to such payment which interest shall not be subject to the

10 provisions of section 9(j).

11 SEC. 1504. CERTAIN CONVEYANCES.

12 (a) INTERESTS IN LAND.—For the purposes of section

13 21(c) of the Alaska Native Claims Settlement Act (43 U.S.C.

14 1620(e)), the receipt of consideration, including, but not

15 limited to, lands, cash or other property, by a Native Cor16 poration for the relinquishment to the United States of land

17 selection rights granted to any Native Corporation under

18 such Act shall be deemed to be an interest in land.

19 (b) AUTHORITY TO APPOINT AND REMOVE TRUST20 EE.—In establishing a Settlement Trust under section 39

21 of such Act (43 U.S.C. 1629c), Koniag may delegate, in

22 whole or in part, the authority granted to Koniag under

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

24 may select without affecting the status of the trust as a Set25 tlement Trust under such section.
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1 TITLE XVI—TAOS PUEBLO LAND

2 TRANSFER

3 SEC. 1601. LAND TRANSFER.

4 (a) TRANSFER.—The parcel of land described in sub5 section (b) is hereby transferred without consideration to

6 the Secretary of the Interior to be held in trust for the Pueb7 lo de Taos. Such parcel shall be a part of the Pueblo de

8 Taos Reservation and shall be managed in accordance with

9 section 4 of the Act of May 31, 1933 (48 Stat. 108) (as

10 amended, including as amended by Public Law 91–550 (84

11 Stat. 1437)).

12 (b) LAND DESCRIPTION.—The parcel of land referred

13 to in subsection (a) is the land that is generally depicted

14 on the map entitled ‘‘Lands transferred to the Pueblo of

15 Taos—proposed’’ and dated September 1994, comprises

16 764.33 acres, and is situated within sections 25, 26, 35,

17 and 36, Township 27 North, Range 14 East, New Mexico

18 Principal Meridian, within the Wheeler Peak Wilderness,

19 Carson National Forest, Taos County, New Mexico.

20 (c) CONFORMING BOUNDARY ADJUSTMENTS.—The

21 boundaries of the Carson National Forest and the Wheeler

22 Peak Wilderness are hereby adjusted to reflect the transfer

23 made by subsection (a).

24 (d) RESOLUTION OF OUTSTANDING CLAIMS.—The

25 Congress finds and declares that, as a result of the enact-
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1 ment of this Act, the Taos Pueblo has no unresolved equi2 table or legal claims against the United States on the lands

3 to be held in trust and to become part of the Pueblo de Taos

4 Reservation under this title.

5 TITLE XVII—SKI FEES

6 SEC. 1701. SKI AREA PERMIT RENTAL CHARGE.

7 (a) The Secretary of Agriculture shall charge a rental

8 charge for all ski area permits issued pursuant to section

9 3 of the National Forest Ski Area Permit Act of 1986 (16

10 U.S.C. 497b), the Act of March 4, 1915 (38 Stat. 1101,

11 chapter 144; 16 U.S.C. 497), or the 9th through 20th para12 graphs under the heading ‘‘SURVEYING THE PUBLIC

13 LANDS’’ under the heading ‘‘UNDER THE DEPART14 MENT OF THE INTERIOR’’ in the Act of June 4, 1897

15 (30 Stat. 34, chapter 2), on National Forest System lands.

16 Permit rental charges for permits issued pursuant to the

17 National Forest Ski Area Permit Act of 1986 shall be cal18 culated as set forth in subsection (b). Permit rental charges

19 for existing ski area permits issued pursuant to the Act of

20 March 4, 1915, and the Act of June 4, 1897, shall be cal21 culated in accordance with those existing permits: Provided,

22 That a permittee may, at the permittee’s option, use the

23 calculation method set forth in subsection (b).

24 (b)(1) The ski area permit rental charge (SAPRC)

25 shall be calculated by adding the permittee’s gross revenues
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1 from lift ticket/year-round ski area use pass sales plus reve2 nue from ski school operations (LT+SS) and multiplying

3 such total by the slope transport feet percentage (STFP) on

4 National Forest System land. That amount shall be in5 creased by the gross year-round revenue from ancillary fa6 cilities (GRAF) physically located on national forest land,

7 including all permittee or subpermittee lodging, food serv8 ice, rental shops, parking and other ancillary operations,

9 to determine the adjusted gross revenue (AGR) subject to

10 the permit rental charge. The final rental charge shall be

11 calculated by multiplying the AGR by the following per12 centages for each revenue bracket and adding the total for

13 each revenue bracket:

14 (A) 1.5 percent of all adjusted gross revenue

15 below $3,000,000;

16 (B) 2.5 percent for adjusted gross revenue be17 tween $3,000,000 and $15,000,000;

18 (C) 2.75 percent for adjusted gross revenue be19 tween $15,000,000 and $50,000,000; and

20 (D) 4.0 percent for the amount of adjusted gross

21 revenue that exceeds $50,000,000.

22 Utilizing the abbreviations indicated in this subsection

23 the ski area permit fee (SAPF) formula can be simply illus24 trated as:
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SAPF = ((LT + SS) × STFP) + GRAF = AGR; AGR × % BRACKETS

1 (2) In cases where ski areas are only partially located

2 on national forest lands, the slope transport feet percentage

3 on national forest land referred to in subsection (b) shall

4 be calculated as generally described in the Forest Service

5 Manual in effect as of January 1, 1992. Revenues from Nor6 dic ski operations shall be included or excluded from the

7 rental charge calculation according to the percentage of

8 trails physically located on national forest land.

9 (3) In order to ensure that the rental charge remains

10 fair and equitable to both the United States and the ski

11 area permittees, the adjusted gross revenue figures for each

12 revenue bracket in paragraph (1) shall be adjusted annually

13 by the percent increase or decrease in the national

14 Consumer Price Index for the preceding calendar year. No

15 later than 5 years after the date of enactment of this Act

16 and every 10 years thereafter the Secretary shall submit to

17 the Committee on Energy and Natural Resources of the

18 United States Senate and the Committee on Resources of

19 the United States House of Representatives a report analyz20 ing whether the ski area permit rental charge legislated by

21 this Act is returning a fair market value rental to the Unit22 ed States together with any recommendations the Secretary

23 may have for modifications of the system.

24 (c) The rental charge set forth in subsection (b) shall

25 be due on June 1 of each year and shall be paid or pre-
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1 paid by the permittee on a monthly, quarterly, annual or

2 other schedule as determined appropriate by the Secretary

3 in consultation with the permittee. Unless mutually agreed

4 otherwise by the Secretary and the permittee, the payment

5 or prepayment schedule shall conform to the permittee’s

6 schedule in effect prior to enactment of this Act. To reduce

7 costs to the permittee and the Forest Service, the Secretary

8 shall each year provide the permittee with a standardized

9 form and worksheets (including annual rental charge cal10 culation brackets and rates) to be used for rental charge

11 calculation and submitted with the rental charge payment.

12 Information provided on such forms shall be compiled by

13 the Secretary annually and kept in the Office of the Chief,

14 United States Forest Service.

15 (d) The ski area permit rental charge set forth in this

16 section shall become effective on June 1, 1996 and cover re17 ceipts retroactive to June 1, 1995: Provided however, That

18 if a permittee has paid rental charges for the period June

19 1, 1995, to June 1, 1996, under the graduated rate rental

20 charge system formula in effect prior to the date of enact21 ment of this Act, such rental charges shall be credited to22 ward the new rental charge due on June 1, 1996. In order

23 to ensure increasing rental charge receipt levels to the Unit24 ed States during transition from the graduated rate rental
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1 charge system formula to the formula of this Act, the rental

2 charge paid by any individual permittee shall be—

3 (1) for the 1995–1996 permit year, either the

4 rental charge paid for the preceding 1994–1995 base

5 year or the rental charge calculated pursuant to this

6 Act, whichever is higher;

7 (2) for the 1996–1997 permit year, either the

8 rental charge paid for the 1994–1995 base year or the

9 rental charge calculated pursuant to this Act, which10 ever is higher;

11 (3) for the 1997–1998 permit year, either the

12 rental charge for the 1994–1995 base year or the rent13 al charge calculated pursuant to this Act, whichever

14 is higher.

15 If an individual permittee’s adjusted gross revenue for the

16 1995–1996, 1996–1997, or 1997–1998 permit years falls

17 more than 10 percent below the 1994–1995 base year, the

18 rental charge paid shall be the rental charge calculated pur19 suant to this Act.

20 (e) Under no circumstances shall revenue, or sub21 permittee revenue (other than lift ticket, area use pass, or

22 ski school sales) obtained from operations physically located

23 on non-national forest land be included in the ski area per24 mit rental charge calculation.
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1 (f) To reduce administrative costs of ski area permit2 tees and the Forest Service the terms ‘‘revenue’’ and ‘‘sales’’,

3 as used in this section, shall mean actual income from sales

4 and shall not include sales of operating equipment, refunds,

5 rent paid to the permittee by sublessees, sponsor contribu6 tions to special events or any amounts attributable to em7 ployee gratuities or employee lift tickets, discounts, or other

8 goods or services (except for bartered goods and complimen9 tary lift tickets) for which the permittee does not receive

10 money.

11 (g) In cases where an area of national forest land is

12 under a ski area permit but the permittee does not have

13 revenue or sales qualifying for rental charge payment pur14 suant to subsection (a), the permittee shall pay an annual

15 minimum rental charge of $2 for each national forest acre

16 under permit or a percentage of appraised land value, as

17 determined appropriate by the Secretary.

18 (h) Where the new rental charge provided for in sub19 section (b)(1) results in an increase in permit rental charge

20 greater than one half of one percent of the permittee’s ad21 justed gross revenue as determined under subsection (b)(1),

22 the new rental charge shall be phased in over a five year

23 period in a manner providing for increases of approxi24 mately equal increments.
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1 (i) To reduce Federal costs in administering the provi2 sions of this Act, the reissuance of a ski area permit to pro3 vide activities similar in nature and amount to the activi4 ties provided under the previous permit shall not constitute

5 a major Federal action for the purposes of the National En6 vironmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).

7 SEC. 1702. WITHDRAWALS.

8 Subject to valid existing rights, all lands located with9 in the boundaries of ski area permits issued prior to, on

10 or after the date of enactment of this Act pursuant to au11 thority of the Act of March 4, 1915 (38 Stat. 1101, chapter

12 144; 16 U.S.C. 497), and the Act of June 4, 1897, or the

13 National Forest Ski Area Permit Act of 1986 (16 U.S.C.

14 497b) are hereby and henceforth automatically withdrawn

15 from all forms of appropriation under the mining laws and

16 from disposition under all laws pertaining to mineral and

17 geothermal leasing and all amendments thereto. Such with18 drawal shall continue for the full term of the permit and

19 any modification, reissuance, or renewal thereof. Unless the

20 Secretary requests otherwise of the Secretary of the Interior,

21 such withdrawal shall be canceled automatically upon expi22 ration or other termination of the permit and the land auto23 matically restored to all appropriation not otherwise re24 stricted under the public land laws.
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1 TITLE XVIII—THE SELMA TO MONTGOM2 ERY NATIONAL HISTORIC TRAIL

3 SEC. 1801. SELMA TO MONTGOMERY NATIONAL HISTORIC

4 TRAIL.

5 Section 5(a) of the National Trails System Act (16

6 U.S.C. 1244(a)) is amended by adding at the end thereof

7 the following new paragraph:

8 ‘‘(20) The Selma to Montgomery National His9 toric Trail, consisting of 54 miles of city streets and

10 United States Highway 80 from Brown Chapel

11 A.M.E. Church in Selma to the State Capitol Build12 ing in Montgomery, Alabama, traveled by voting

13 rights advocates during March 1965 to dramatize the

14 need for voting rights legislation, as generally de15 scribed in the report of the Secretary of the Interior

16 prepared pursuant to subsection (b) of this section en17 titled ‘‘Selma to Montgomery’’ and dated April 1993.

18 Maps depicting the route shall be on file and avail19 able for public inspection in the Office of the National

20 Park Service, Department of the Interior. The trail

21 shall be administered in accordance with this Act, in22 cluding section 7(h). The Secretary of the Interior,

23 acting through the National Park Service, which shall

24 be the lead Federal agency, shall cooperate with other

25 Federal, State and local authorities to preserve his-
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1 toric sites along the route, including (but not limited

2 to) the Edmund Pettus Bridge and the Brown Chapel

3 A.M.E. Church.’’.

4 TITLE XIX—FORT CARSON—PINON

5 CANYON MILITARY LANDS WITHDRAWAL

6 SEC. 1901. WITHDRAWAL AND RESERVATION OF LANDS AT

7 FORT CARSON MILITARY RESERVATION.

8 (a) WITHDRAWAL.—Subject to valid existing rights

9 and except as otherwise provided in this title, the lands at

10 the Fort Carson Military Reservation that are described in

11 subsection (c) are hereby withdrawn from all forms of ap12 propriations under the public land laws, including the min13 ing laws, the mineral and geothermal leasing laws, and the

14 mineral materials disposal laws.

15 (b) RESERVATION.—The lands withdrawn under sub16 section (a) are reserved for use by the Secretary of the

17 Army—

18 (1) for military maneuvering, training, and

19 weapons firing; and

20 (2) for other defense related purposes consistent

21 with the uses specified in paragraph (1).

22 (c) LAND DESCRIPTION.—The lands referred to in sub23 section (a) comprise approximately 3,133.02 acres of public

24 land and approximately 11,415.16 acres of federally-owned

25 minerals in El Paso, Pueblo, and Fremont Counties, Colo-
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1 rado, as generally depicted on the map entitled ‘‘Fort Car2 son Proposed Withdrawal—Fort Carson Base’’, dated

3 March 2, 1992, and filed in accordance with section 1903.

4 SEC. 1902. WITHDRAWAL AND RESERVATION OF LANDS AT

5 PINON CANYON MANEUVER SITE.

6 (a) WITHDRAWAL.—Subject to valid existing rights

7 and except as otherwise provided in this title, the lands at

8 the Pinon Canyon Maneuver Site that are described in sub9 section (c) are hereby withdrawn from all forms of appro10 priation under the public land laws, including the mining

11 laws, the mineral and geothermal leasing laws, and the

12 mineral materials disposal laws.

13 (b) RESERVATION.—The lands withdrawn under sub14 section (a) are reserved for use by the Secretary of the

15 Army—

16 (1) for military maneuvering and training; and

17 (2) for other defense related purposes consistent

18 with the uses specified in paragraph (1).

19 (c) LAND DESCRIPTION.—The lands referred to in sub20 section (a) comprise approximately 2,517.12 acres of public

21 lands and approximately 130,139 acres of federally-owned

22 minerals in Los Animas County, Colorado, as generally de23 picted on the map entitled ‘‘Fort Carson Proposed With24 drawal—Fort Carson Maneuver Area—Pinon Canyon
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1 Site’’, dated March 2, 1992, and filed in accordance with

2 section 1903.

3 SEC. 1903. MAPS AND LEGAL DESCRIPTIONS.

4 (a) PREPARATION.—As soon as practicable after the

5 date of enactment of this title, the Secretary of the Interior

6 shall publish in the Federal Register a notice containing

7 the legal description of the lands withdrawn and reserved

8 by this Act.

9 (b) LEGAL EFFECT.—Such maps and legal descrip10 tions shall have the same force and effect as if they were

11 included in this title, except that the Secretary of the Inte12 rior may correct clerical and typographical errors in such

13 maps and legal descriptions.

14 (c) LOCATION OF MAPS.—Copies of such maps and

15 legal descriptions shall be available for public inspection

16 in the offices of the Colorado State Director and the Canon

17 City District Manager of the Bureau of Land Management,

18 and the Commander, Fort Carson, Colorado.

19 (d) COSTS.—The Secretary of the Army shall reim20 burse the Secretary of the Interior for the costs of imple21 menting this section.

22 SEC. 1904. MANAGEMENT OF WITHDRAWN LANDS.

23 (a) MANAGEMENT GUIDELINES.—(1) Except as pro24 vided in section 1905, during the period of withdrawal the

25 Secretary of the Army shall manage for military purposes
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1 the lands covered by this title and may authorize use of

2 such lands covered by the other military departments and

3 agencies of the Department of Defense, and the National

4 Guard, as appropriate.

5 (2) When military operations, public safety, or na6 tional security, as determined by the Secretary of the Army,

7 require the closure of roads or trails on the lands withdrawn

8 by this title commonly in public use, the Secretary of the

9 Army is authorized to take such action, except that such

10 closures shall be limited to the minimum areas and periods

11 required for the purposes specified in this subsection. Ap12 propriate warning notices shall be kept posted during clo13 sures.

14 (3) The Secretary of the Army shall take necessary pre15 cautions to prevent and suppress brush and range fires oc16 curring within and outside the lands as a result of military

17 activities and may seek assistance from the Bureau of Land

18 Management in suppressing such fires. The memorandum

19 of understanding required by this subsection (c) shall pro20 vide for Bureau of Land Management assistance in the sup21 pression of such fires, and for the transfer of funds from

22 the Department of the Army to the Bureau of Land Man23 agement as compensation for such assistance.

24 (b) MANAGEMENT PLAN.—Not later than 5 years after

25 the date of enactment of this Act, the Secretary of the Army,
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1 with the concurrence of the Secretary of the Interior, shall

2 develop a plan for the management of acquired lands and

3 lands withdrawn under sections 1901 and 1902 of this title

4 for the period of the withdrawal. Such plan shall—

5 (1) be consistent with applicable law;

6 (2) include such provisions as may be necessary

7 for proper resource management and protection of the

8 natural, cultural, and other resources and values of

9 such lands; and

10 (3) identify those withdrawn and acquired lands,

11 if any, which are to be open to mining, or mineral

12 or geothermal leasing, including mineral materials

13 disposal.

14 (c) IMPLEMENTATION OF MANAGEMENT PLAN.—(1)

15 The Secretary of the Army and the Secretary of the Interior

16 shall enter into a memorandum of understanding to imple17 ment the management plan described in subsection (b).

18 (2) The duration of any such memorandum of under19 standing shall be the same as the period of withdrawal

20 under section 1907.

21 (3) The memorandum of understanding may be

22 amended by agreement of both Secretaries.

23 (d) USE OF CERTAIN RESOURCES.—Subject to valid

24 existing rights, the Secretary of the Army is authorized to

25 utilize sand, gravel, or similar mineral or mineral material
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1 resources from lands withdrawn by this title, when the use

2 of such resources is required for construction needs of the

3 Fort Carson Military Reservation or Pinon Canyon Ma4 neuver Site.

5 SEC. 1905. MANAGEMENT OF WITHDRAWN AND ACQUIRED

6 MINERAL RESOURCES.

7 Except as provided in section 1904(d) of this title, the

8 Secretary of the Interior shall manage all withdrawn and

9 acquired mineral resources within the boundaries of the

10 Fort Carson Military Reservation and Pinon Canyon Ma11 neuver Site in accordance with section 12 of the Military

12 Lands Withdrawal Act of 1986 (Public Law 99–606; 100

13 Stat. 3466), as applicable.

14 SEC. 1906. HUNTING, FISHING, AND TRAPPING.

15 All hunting, fishing and trapping on the lands with16 drawn and reserved by this title shall be conducted in ac17 cordance with section 2671 of title 10, United States Code.

18 SEC. 1907. TERMINATION OF WITHDRAWAL AND RESERVA19 TION AND EFFECT OF CONTAMINATION.

20 (a) TERMINATION DATE.—The withdrawal and res21 ervation established by this title shall terminate 15 years

22 after the date of the enactment of this Act.

23 (b) DETERMINATION OF CONTINUING MILITARY

24 NEED.—(1) At least three years prior to the termination

25 under subsection (a) of the withdrawal and reservation es-
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1 tablished by this title, the Secretary of the Army shall ad2 vise the Secretary of the Interior as to whether or not the

3 Department of the Army will have a continuing military

4 need for any of the lands after the termination date.

5 (2) If the Secretary of the Army concludes under para6 graph (1) that there will be a continuing military need for

7 any of the lands after the termination date established by

8 subsection (a), the Secretary of the Army, in accordance

9 with applicable law, shall evaluate the environmental effects

10 of renewal of such withdrawal and reservation, shall hold

11 at least one public hearing in Colorado concerning such

12 evaluation, and shall thereafter file an application for ex13 tension of the withdrawal and reservation of such lands in

14 accordance with the regulations and procedures of the De15 partment of the Interior applicable to the extension of with16 drawals for military uses. The Secretary of the Interior

17 shall notify the Congress concerning such filing.

18 (3) If the Secretary of the Army concludes under para19 graph (1) that prior to the termination date established by

20 subsection (a), there will be no military need for all or any

21 of the lands withdrawn and reserved by this Act, or if, dur22 ing the period of withdrawal, the Secretary of the Army

23 shall file a notice of intention to relinquish with the Sec24 retary of the Interior.
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1 (c) DETERMINATION OF CONTAMINATION.—Prior to

2 the filing of a notice of intention to relinquish pursuant

3 to subsection (b)(3), the Secretary of the Army shall prepare

4 a written determination as to whether and to what extent

5 the lands are contaminated with explosive, toxic, or other

6 hazardous materials. A copy of the determination made by

7 the Secretary of the Army shall be supplied with the notice

8 of intention to relinquish. Copies of both the notice of inten9 tion to relinquish and the determination concerning the

10 contaminated state of the lands shall be published in the

11 Federal Register by the Secretary of the Interior.

12 (d) EFFECT OF CONTAMINATION.—(1) If any land

13 which is the subject of a notice of intention to relinquish

14 under subsection (b)(3) is contaminated, and the Secretary

15 of the Interior, in consultation with the Secretary of the

16 Army, determines that decontamination is practicable and

17 economically feasible, taking into consideration the poten18 tial future use and value of the land, and that upon decon19 tamination, the land could be opened to the operation of

20 some or all of the public land laws, including the mining

21 laws, the Secretary of the Army shall decontaminate the

22 land to the extent that funds are appropriated for such pur23 pose.

24 (2) If the Secretaries of the Army and the Interior con25 clude either that the contamination of any or all of the
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1 lands proposed for relinquishment is not practicable or eco2 nomically feasible, or that the lands cannot be decontami3 nated sufficiently to allow them to be opened to the oper4 ation of the public land laws, or if Congress declined to

5 appropriate funds for decontamination of the lands, the

6 Secretary of the Interior shall not be required to accept the

7 lands proposed for relinquishment.

8 (3) If, because of their contaminated state, the Sec9 retary of the Interior declines under paragraph (2) to ac10 cept jurisdiction of the lands proposed for relinquishment,

11 or if at the expiration of the withdrawal made by this title

12 the Secretary of the Interior determines that some of the

13 lands withdrawn by this title are contaminated to an extent

14 which prevents opening such contaminated lands to oper15 ation of the public land laws—

16 (A) the Secretary of the Army shall take appro17 priate steps to warn the public of the contaminated

18 state of such lands and any risks associated with

19 entry onto such lands;

20 (B) after the expiration of the withdrawal, the

21 Secretary of the Army shall undertake no activities on

22 such lands except in connection with decontamination

23 of such lands; and

24 (C) the Secretary of the Army shall report to the

25 Secretary of the Interior and to the Congress concern-
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1 ing the status of such lands and all actions taken in

2 furtherance of the subsection.

3 (4) If the lands are subsequently decontaminated, upon

4 certification by the Secretary of the Army that the lands

5 are safe for all nonmilitary uses, the Secretary of the Inte6 rior shall reconsider accepting jurisdiction over the lands.

7 (5) Nothing in this title shall affect, or be construed

8 to affect, the Secretary’s obligations, if any, to decontami9 nate such lands pursuant to applicable law, including but

10 not limited to the Comprehensive Environmental Response

11 Compensation and Liability Act (42 U.S.C. 9601 et seq.),

12 and the Solid Waste Disposal Act, as amended by the Re13 source Conservation and Recovery Act (42 U.S.C. 6901 et

14 seq.).

15 (e) PROGRAM OF DECONTAMINATION.—Throughout the

16 duration of the withdrawal and reservation made by the

17 title, the Secretary of the Army, to the extent funds are

18 made available, shall maintain a program of decontamina19 tion of the lands withdrawn by this title at least at the

20 level of effort carried out during fiscal year 1992.

21 (f) ACCEPTANCE OF LANDS PROPOSED FOR RELIN22 QUISHMENT.—Notwithstanding any other provision of law,

23 the Secretary of the Interior, upon deciding that it is in

24 the public interest to accept jurisdiction over those lands

25 proposed for relinquishment, is authorized to revoke the
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1 withdrawal and reservation established by this title as it

2 applies to the lands proposed for relinquishment. Should

3 the decision be made to revoke the withdrawal and reserva4 tion, the Secretary of the Interior shall publish in the Fed5 eral Register an appropriate order which shall—

6 (1) terminate the withdrawal and reservation;

7 (2) constitute official acceptance of full jurisdic8 tion over the lands by the Secretary of the Interior;

9 and

10 (3) state the date upon which the lands will be

11 opened to the operation of the public land laws, in12 cluding the mining laws if appropriate.

13 SEC. 1908. DELEGATION.

14 The function of the Secretary of the Army under this

15 Act may be delegated. The functions of the Secretary of the

16 Interior under this title may be delegated, except that the

17 order referred to in section 1907(f) may be approved and

18 signed only by the Secretary of the Interior, the Deputy Sec19 retary of the Interior, or an Assistant Secretary of the De20 partment of the Interior.

21 SEC. 1909. HOLD HARMLESS PROVISION.

22 (a) IN GENERAL.—The United States and all depart23 ments or agencies thereof shall be held harmless and shall

24 not be liable for any injuries or damages to persons or prop25 erty suffered in the course of any mining, mineral activity,
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1 or geothermal leasing activity conducted on lands compris2 ing the Fort Carson Military Reservation or Pinon Canyon

3 Maneuver Site, including liabilities to non-Federal entities

4 under section 107 or 113 of the Comprehensive Environ5 mental Response Compensation and Liability Act (42

6 U.S.C. 9607 and 9613), or section 7003 of the Solid Waste

7 Disposal Act, as amended by the Resource Conservation and

8 Recovery Act (42 U.S.C. 6973).

9 (b) INDEMNIFICATION.—Any party conducting any

10 mining, mineral or geothermal leasing activity on such

11 lands shall indemnify the United States and its depart12 ments or agencies thereof against any costs, fees, damages,

13 or other liabilities, including costs of litigation, arising

14 from or related to such mining activities, including costs

15 of minerals disposal, whether arising under the Comprehen16 sive Environmental Resource Compensation and Liability

17 Act, the Resource Conservation and Recovery Act, or other18 wise.

19 SEC. 1910. AMENDMENTS TO MILITARY LANDS WITH20 DRAWAL ACT OF 1986.

21 (a) USE OF CERTAIN RESOURCES.—Section 3(f) of the

22 Military Lands Withdrawal Act of 1986 (Public Law 99–

23 606; 100 Stat. 3461) is amended by adding at the end a

24 new paragraph (2) as follows:
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1 ‘‘(2) Subject to valid existing rights, the Sec2 retary of the military department concerned may uti3 lize sand, gravel, or similar mineral or material re4 sources from lands withdrawn for the purposes of this

5 Act when the use of such resources is required for con6 struction needs on the respective lands withdrawn by

7 this Act.’’.

8 (b) TECHNICAL CORRECTION.—Section 9(b) of the

9 Military Lands Withdrawal Act of 1986 (Public Law 99–

10 606; 100 Stat. 3466) is amended by striking ‘‘7(f)’’ and

11 inserting in lieu thereof, ‘‘8(f)’’.

12 SEC. 1911. AUTHORIZATION OF APPROPRIATIONS.

13 There are hereby authorized to be appropriated such

14 sums as may be necessary to carry out this title.

15 TITLE XX—SNOWBASIN LAND EXCHANGE

16 ACT

17 SEC. 2001. FINDINGS AND DETERMINATION.

18 (a) FINDINGS.—The Congress finds that—

19 (1) in June 1995, Salt Lake City, Utah, was se20 lected to host the 2002 Winter Olympic Games and

21 the Snowbasin Ski Resort, which is owned by the Sun

22 Valley Company, was identified as the site of six

23 Olympic events: the men’s and women’s downhills,

24 men’s and women’s Super-Gs, and men’s and wom25 en’s combined downhills;
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1 (2) in order to adequately accommodate these

2 events, which are traditionally among the most popu3 lar and heavily attended at the Winter Olympic

4 Games, major new skiing, visitor, and support facili5 ties will have to be constructed at the Snowbasin Ski

6 Resort on land currently administered by the United

7 States Forest Service;

8 (3) while certain of these new facilities can be

9 accommodated on National Forest land under tradi10 tional Forest Service permitting authorities, the base

11 area facilities necessary to host visitors to the ski area

12 and the Winter Olympics are of such a nature that

13 they should logically be located on private land;

14 (4) land exchanges have been routinely utilized

15 by the Forest Service to transfer base area lands to

16 many other ski areas, and the Forest Service and the

17 Sun Valley Company have concluded that a land ex18 change to transfer base area lands at the Snowbasin

19 Ski Resort to the Sun Valley Company is both logical

20 and advisable;

21 (5) an environmental impact statement and nu22 merous resource studies have been completed by the

23 Forest Service and the Sun Valley Company for the

24 lands proposed to be transferred to the Sun Valley

25 Company by this title;
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1 (6) the Sun Valley Company has assembled

2 lands with outstanding environmental, recreational,

3 and other values to convey to the Forest Service in re4 turn for the lands it will receive in the exchange, and

5 the Forest Service has identified such lands as desir6 able for acquisition by the United States; and

7 (7) completion of a land exchange and approval

8 of a development plan for Olympic related facilities

9 at the Snowbasin Ski Resort is essential to ensure

10 that all necessary facilities can be constructed, tested

11 for safety and other purposes, and become fully oper12 ational in advance of the 2002 Winter Olympics and

13 earlier pre-Olympic events.

14 (b) DETERMINATION.—The Congress has reviewed the

15 previous analyses and studies of the lands to be exchanged

16 and developed pursuant to this title, and has made its own

17 review of these lands and issues involved, and on the basis

18 of those reviews hereby finds and determines that a legis19 lated land exchange and development plan approval with

20 respect to certain National Forest System Lands is nec21 essary to meet Olympic goals and timetables.

22 SEC. 2002. PURPOSE AND INTENT.

23 The purpose of this title is to authorize and direct the

24 Secretary to exchange 1,320 acres of federally-owned land

25 within the Cache National Forest in the State of Utah for
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1 lands of approximately equal value owned by the Sun Val2 ley Company. It is the intent of Congress that this exchange

3 be completed without delay within the period specified by

4 section 2004.

5 SEC. 2003. DEFINITIONS.

6 As used in this title—

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

8 Sun Valley Company, a division of Sinclair Oil Cor9 poration, a Wyoming Corporation, or its successors or

10 assigns; and

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

12 Agriculture.

13 SEC. 2004. EXCHANGE.

14 (a) FEDERAL SELECTED LANDS.—(1) Not later than

15 45 days after the final determination of value of the Federal

16 selected lands, the Secretary shall, subject to this title, trans17 fer all right, title, and interest of the United States in and

18 to the lands referred to in paragraph (2) to the Sun Valley

19 Company.

20 (2) The lands referred to in paragraph (1) are certain

21 lands within the Cache National Forest in the State of Utah

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

23 on the map entitled ‘‘Snowbasin Land Exchange—Pro24 posed’’ and dated October 1995.
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1 (b) NON-FEDERAL OFFERED LANDS.—Upon transfer

2 of the Federal selected lands under subsection (a), and in

3 exchange for those lands, the Sun Valley Company shall si4 multaneously convey to the Secretary all right, title and

5 interest of the Sun Valley Company in and to so much of

6 the following offered lands which have been previously iden7 tified by the United States Forest Service as desirable by

8 the United States, or which are identified pursuant to para9 graph (5) prior to the transfer of lands under subsection

10 (a), as are of approximate equal value to the Federal se11 lected lands:

12 (1) Certain lands located within the exterior

13 boundaries of the Cache National Forest in Weber

14 County, Utah, which comprise approximately 640

15 acres and are generally depicted on a map entitled

16 ‘‘Lightning Ridge Offered Lands’’, dated October

17 1995.

18 (2) Certain lands located within the Cache Na19 tional Forest in Weber County, Utah, which comprise

20 approximately 635 acres and are generally depicted

21 on a map entitled ‘‘Wheeler Creek Watershed Offered

22 Lands—Section 2’’ dated October 1995.

23 (3) Certain lands located within the exterior

24 boundaries of the Cache National Forest in Weber

25 County, Utah, and lying immediately adjacent to the
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1 outskirts of the City of Ogden, Utah, which comprise

2 approximately 800 acres and are generally depicted

3 on a map entitled ‘‘Taylor Canyon Offered Lands’’,

4 dated October 1995.

5 (4) Certain lands located within the exterior

6 boundaries of the Cache National Forest in Weber

7 County, Utah, which comprise approximately 2,040

8 acres and are generally depicted on a map entitled

9 ‘‘North Fork Ogden River—Devil’s Gate Valley’’,

10 dated October 1995.

11 (5) Such additional offered lands in the State of

12 Utah as may be necessary to make the values of the

13 lands exchanged pursuant to this title approximately

14 equal, and which are acceptable to the Secretary.

15 (c) SUBSTITUTION OF OFFERED LANDS.—If one or

16 more of the precise offered land parcels identified in para17 graphs (1) through (4) of subsection (b) is unable to be con18 veyed to the United States due to appraisal or other rea19 sons, or if the Secretary and the Sun Valley Company mu20 tually agree and the Secretary determines that an alter21 native offered land package would better serve long term

22 public needs and objectives, the Sun Valley Company may

23 simultaneously convey to the United States alternative of24 fered lands in the State of Utah acceptable to the Secretary
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1 in lieu of any or all of the lands identified in paragraphs

2 (1) through (4) of subsection (b).

3 (d) VALUATION AND APPRAISALS.—(1) Values of the

4 lands to be exchanged pursuant to this title shall be equal

5 as determined by the Secretary utilizing nationally recog6 nized appraisal standards and in accordance with section

7 206 of the Federal Land Policy and Management Act of

8 1976. The appraisal reports shall be written to Federal

9 standards as defined in the Uniform Appraisal Standards

10 for Federal Land Acquisitions. If, due to size, location, or

11 use of lands exchanged under this title, the values are not

12 exactly equal, they shall be equalized by the payment of cash

13 equalization money to the Secretary or the Sun Valley Com14 pany as appropriate in accordance with section 206(b) of

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

16 U.S.C. 1716(b)). In order to expedite the consummation of

17 the exchange directed by this title, the Sun Valley Company

18 shall arrange and pay for appraisals of the offered and se19 lected lands by a qualified appraiser with experience in ap20 praising similar properties and who is mutually acceptable

21 to the Sun Valley Company and the Secretary. The ap22 praisal of the Federal selected lands shall be completed and

23 submitted to the Secretary for technical review and ap24 proval no later than 120 days after the date of enactment

25 of this Act, and the Secretary shall make a determination
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1 of value not later than 30 days after receipt of the ap2 praisal. In the event the Secretary and the Sun Valley Com3 pany are unable to agree to the appraised value of a certain

4 tract or tracts of land, the appraisal, appraisals, or ap5 praisal issues in dispute and a final determination of value

6 shall be resolved through a process of bargaining or submis7 sion to arbitration in accordance with section 206(d) of the

8 Federal Land Policy and Management Act of 1976 (43

9 U.S.C. 1716(d)).

10 (2) In order to expedite the appraisal of the Federal

11 selected lands, such appraisal shall—

12 (A) value the land in its unimproved state, as a

13 single entity for its highest and best use as if in pri14 vate ownership and as of the date of enactment of this

15 Act;

16 (B) consider the Federal lands as an independ17 ent property as though in the private marketplace

18 and suitable for development to its highest and best

19 use;

20 (C) consider in the appraisal any encumbrance

21 on the title anticipated to be in the conveyance to

22 Sun Valley Company and reflect its effect on the fair

23 market value of the property; and

24 (D) not reflect any enhancement in value to the

25 Federal selected lands based on the existence of pri-
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1 vate lands owned by the Sun Valley Company in the

2 vicinity of the Snowbasin Ski Resort, and shall as3 sume that private lands owned by the Sun Valley

4 Company are not available for use in conjunction

5 with the Federal selected lands.

6 SEC. 2005. GENERAL PROVISIONS RELATING TO THE EX7 CHANGE.

8 (a) IN GENERAL.—The exchange authorized by this

9 title shall be subject to the following terms and conditions:

10 (1) RESERVED RIGHTS-OF-WAY.—In any deed is11 sued pursuant to section 5(a), the Secretary shall re12 serve in the United States a right of reasonable access

13 across the conveyed property for public access and for

14 administrative purposes of the United States nec15 essary to manage adjacent federally-owned lands. The

16 terms of such reservation shall be prescribed by the

17 Secretary within 30 days after the date of the enact18 ment of this Act.

19 (2) RIGHT OF RESCISSION.—This title shall not

20 be binding on either the United States or the Sun

21 Valley Company if, within 30 days after the final de22 termination of value of the Federal selected lands, the

23 Sun Valley Company submits to the Secretary a duly

24 authorized and executed resolution of the Company
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1 stating its intention not to enter into the exchange

2 authorized by this title.

3 (b) WITHDRAWAL.—Subject to valid existing rights, ef4 fective on the date of enactment of this Act, the Federal se5 lected lands described in section 5(a)(2) and all National

6 Forest System lands currently under special use permit to

7 the Sun Valley Company at the Snowbasin Ski Resort are

8 hereby withdrawn from all forms of appropriation under

9 the public land laws (including the mining laws) and from

10 disposition under all laws pertaining to mineral and geo11 thermal leasing.

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

13 United States under this title shall be by general warranty

14 or other deed acceptable to the Secretary and in conformity

15 with applicable title standards of the Attorney General of

16 the United States.

17 (d) STATUS OF LANDS.—Upon acceptance of title by

18 the Secretary, the land conveyed to the United States pursu19 ant to this title shall become part of the Wasatch or Cache

20 National Forests as appropriate, and the boundaries of such

21 National Forests shall be adjusted to encompass such lands.

22 Once conveyed, such lands shall be managed in accordance

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

24 known as the ‘‘Weeks Act’’), and in accordance with the

25 other laws, rules and regulations applicable to National
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1 Forest System lands. This subsection does not limit the Sec2 retary’s authority to adjust the boundaries pursuant to sec3 tion 11 of the Act of March 1, 1911 (‘‘Weeks Act’’). For

4 the purposes of section 7 of the Land and Water Conserva5 tion Fund Act of 1965 (16 U.S.C. 4601–9), the boundaries

6 of the Wasatch and Cache National Forests, as adjusted by

7 this title, shall be considered to be boundaries of the forests

8 as of January 1, 1965.

9 SEC. 2006. PHASE I FACILITY CONSTRUCTION AND OPER10 ATION.

11 (a) PHASE I FACILITY FINDING AND REVIEW.—(1)

12 The Congress has reviewed the Snowbasin Ski Area Master

13 Development Plan dated October 1995 (hereinafter in this

14 section referred to as the ‘‘Master Plan’’). On the basis of

15 such review, and review of previously completed environ16 mental and other resource studies for the Snowbasin Ski

17 Area, Congress hereby finds that the ‘‘Phase I’’ facilities re18 ferred to in the Master Plan to be located on National For19 est System land after consummation of the land exchange

20 directed by this title are limited in size and scope, are rea21 sonable and necessary to accommodate the 2002 Olympics,

22 and in some cases are required to provide for the safety

23 of skiing competitors and spectators.

24 (2) Within 60 days after the date of enactment of this

25 Act, the Secretary and the Sun Valley Company shall re-
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1 view the Master Plan insofar as such plan pertains to Phase

2 I facilities which are to be constructed and operated wholly

3 or partially on National Forest System lands retained by

4 the Secretary after consummation of the land exchange di5 rected by this title. The Secretary may modify such Phase

6 I facilities upon mutual agreement with the Sun Valley

7 Company or by imposing conditions pursuant to subsection

8 (b) of this section.

9 (3) Within 90 days after the date of enactment of this

10 Act, the Secretary shall submit the reviewed Master Plan

11 on the Phase I facilities, including any modifications made

12 thereto pursuant to paragraph (2), to the Committee on En13 ergy and Natural Resources of the United States Senate and

14 the Committee on Resources of the United States House of

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

16 the 30-day period, unless otherwise directed by Act of Con17 gress, the Secretary may issue all necessary authorizations

18 for construction and operation of such facilities or modi19 fications thereof in accordance with the procedures and pro20 visions of subsection (b) of this section.

21 (b) PHASE I FACILITY APPROVAL, CONDITIONS, AND

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

23 by the Sun Valley Company to authorize construction and

24 operation of any particular Phase I facility, facilities, or

25 group of facilities, the Secretary, in consultation with the
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1 Sun Valley Company, shall authorize construction and op2 eration of such facility, facilities, or group of facilities, sub3 ject to the general policies of the Forest Service pertaining

4 to the construction and operation of ski area facilities on

5 National Forest System lands and subject to reasonable con6 ditions to protect National Forest System resources. In pro7 viding authorization to construct and operate a facility, fa8 cilities, or group of facilities, the Secretary may not impose

9 any condition that would significantly change the location,

10 size, or scope of the applied for Phase I facility unless—

11 (1) the modification is mutually agreed to by the

12 Secretary and the Sun Valley Company; or

13 (2) the modification is necessary to protect

14 health and safety.

15 Nothing in this section shall be construed to affect the Sec16 retary’s responsibility to monitor and assure compliance

17 with the conditions set forth in the construction and oper18 ation authorization.

19 (c) CONGRESSIONAL DIRECTIONS.—Notwithstanding

20 any other provision of law, Congress finds that consumma21 tion of the land exchange directed by this title and all deter22 minations, authorizations, and actions taken by the Sec23 retary pursuant to this title pertaining to Phase I facilities

24 on National Forest System lands, or any modifications

25 thereof, to be nondiscretionary actions authorized and di-
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1 rected by Congress and hence to comply with all procedural

2 and other requirements of the laws of the United States.

3 Such determinations, authorizations, and actions shall not

4 be subject to administrative or judicial review.

5 SEC. 2007. NO PRECEDENT.

6 Nothing in section 2004(d)(2) of this title relating to

7 conditions or limitations on the appraisal of the Federal

8 lands, or any provision of section 2006 relating to the ap9 proval by the Congress or the Forest Service of facilities

10 on National Forest System lands, shall be construed as a

11 precedent for subsequent legislation.

12 TITLE XXI—COLONIAL NATIONAL

13 HISTORICAL PARK.

14 SEC. 2101. COLONIAL NATIONAL HISTORICAL PARK.

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

16 of the Interior (hereinafter in this title referred to as the

17 ‘‘Secretary’’) is authorized to transfer, without reimburse18 ment, to York County, Virginia, that portion of the existing

19 sewage disposal system, including related improvements

20 and structures, owned by the United States and located

21 within the Colonial National Historical Park, together with

22 such rights-of-way as are determined by the Secretary to

23 be necessary to maintain and operate such system.

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

25 Secretary is authorized to enter into a cooperative agree-
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1 ment with York County, Virginia, under which the Sec2 retary will pay a portion, not to exceed $110,000, of the

3 costs of repair and rehabilitation of the sewage disposal sys4 tem referred to in subsection (a).

5 (c) FEES AND CHARGES.—In consideration for the

6 rights-of-way granted under subsection (a), and in recogni7 tion of the National Park Service’s contribution authorized

8 under subsection (b), the cooperative agreement under sub9 section (b) shall provide for a reduction in, or the elimi10 nation of, the amounts charged to the National Park Service

11 for its sewage disposal. The cooperative agreement shall also

12 provide for minimizing the impact of the sewage disposal

13 system on the park and its resources. Such system may not

14 be enlarged or substantially altered without National Park

15 Service concurrence.

16 SEC. 2102. INCLUSION OF LAND IN COLONIAL NATIONAL

17 HISTORICAL PARK.

18 Notwithstanding the provisions of the Act of June 28,

19 1938 (52 Stat. 1208; 16 U.S.C. 81b et seq.), limiting the

20 average width of the Colonial Parkway, the Secretary of

21 the Interior is authorized to include within the boundaries

22 of Colonial National Historical Park and acquire by dona23 tion, exchange, or purchase with donated or appropriated

24 funds—
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1 (1) the lands or interests in lands described as

2 lots 30 to 48, inclusive;

3 (2) the portion of lot 49 that is 200 feet in width

4 from the existing boundary of Colonial National His5 torical Park;

6 (3) a 3.2-acre archaeological site, as shown on

7 the plats titled ‘‘Page Landing At Jamestown being

8 a subdivision of property of Neck O Land Limited

9 Partnership’’ dated June 21, 1989, sheets 2 and 3 of

10 3 sheets and bearing National Park Service Drawing

11 Number 333.80031; and

12 (4) all or a portion of the adjoining lot number

13 11 of the Neck O Land Hundred Subdivision, with or

14 without improvements.

15 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated such sums as

17 are necessary to carry out this title.

18 TITLE XXII—WOMEN’S RIGHTS NATIONAL

19 HISTORICAL PARK

20 SEC. 2201. INCLUSION OF OTHER PROPERTIES.

21 Section 1601(c) of Public Law 96–607 (16 U.S.C.

22 410ll) is amended to read as follows: ‘‘To carry out the pur23 poses of this section there is hereby established the Women’s

24 Rights National Historical Park (hereinafter in this section

25 referred to as the ‘‘park’’). The park shall consist of the fol-
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1 lowing designated sites in Seneca Falls and Waterloo, New

2 York:

3 ‘‘(1) Stanton House, 32 Washington Street, Sen4 eca Falls;

5 ‘‘(2) dwelling, 30 Washington Street, Seneca

6 Falls;

7 ‘‘(3) dwelling, 34 Washington Street, Seneca

8 Falls;

9 ‘‘(4) lot, 26–28 Washington Street, Seneca Falls;

10 ‘‘(5) former Wesleyan Chapel, 126 Fall Street,

11 Seneca Falls;

12 ‘‘(6) theater, 128 Fall Street, Seneca Falls;

13 ‘‘(7) McClintock House, 16 East Williams Street,

14 Waterloo;

15 ‘‘(8) Hunt House, 401 East Williams Street,

16 Waterloo;

17 ‘‘(9) not to exceed 1 acre, plus improvements, as

18 determined by the Secretary, in Seneca Falls for de19 velopment of a maintenance facility;

20 ‘‘(10) dwelling, 1 Seneca Street, Seneca Falls;

21 ‘‘(11) dwelling, 10 Seneca Street, Seneca Falls;

22 ‘‘(12) parcels adjacent to Wesleyan Chapel Block,

23 including Clinton Street, Fall Street, and Mynderse

24 Street, Seneca Falls; and
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1 ‘‘(13) dwelling, 12 East Williams Street, Water2 loo.’’.

3 SEC. 2202. MISCELLANEOUS AMENDMENTS.

4 Section 1601 of Public Law 96–607 (16 U.S.C. 410ll)

5 is amended by redesignating subsection (i) as ‘‘(i)(1)’’ and

6 inserting at the end thereof the following new paragraph:

7 ‘‘(2) In addition to those sums appropriated prior to

8 the date of enactment of this paragraph for land acquisition

9 and development, there is hereby authorized to be appro10 priated an additional $2,000,000.’’.

11 TITLE XXIII—FRANKLIN D. ROOSEVELT

12 FAMILY LANDS

13 SEC. 2301. ACQUISITION OF LANDS.

14 (a) IN GENERAL.—The Secretary of the Interior (here15 inafter referred to as the ‘‘Secretary’’) is authorized to ac16 quire, by purchase with donated or appropriated funds, do17 nation, or otherwise, lands and interests therein in the fol18 lowing properties located at Hyde Park, New York identi19 fied as lands critical for protection as depicted on the map

20 entitled ‘‘Roosevelt Family Estate’’ and dated September

21 1994—

22 (1) the ‘‘Open Park Hodhome Tract’’, consisting

23 of approximately 40 acres, which shall be the highest

24 priority for acquisition;
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1 (2) the ‘‘Top Cottage Tract’’, consisting of ap2 proximately 30 acres; and

3 (3) the ‘‘Poughkeepsie Shopping Center, Inc.

4 Tract’’, consisting of approximately 55 acres.

5 (b) ADMINISTRATION.—Lands and interests therein ac6 quired by the Secretary pursuant to this title shall be added

7 to, and administered by the Secretary as part of the Frank8 lin Delano Roosevelt National Historic Site or the Eleanor

9 Roosevelt National Historic Site, as appropriate.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

11 hereby authorized to be appropriated not to exceed

12 $3,000,000 to carry out this title.

13 TITLE XXIV—GREAT FALLS HISTORIC

14 DISTRICT, NEW JERSEY

15 SEC. 2401. FINDINGS.

16 Congress finds that—

17 (1) the Great Falls Historic District in the State

18 of New Jersey is an area of historical significance as

19 an early site of planned industrial development, and

20 has remained largely intact, including architecturally

21 significant structures;

22 (2) the Great Falls Historic District is listed on

23 the National Register of Historic Places and has been

24 designated a National Historic Landmark;
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1 (3) the Great Falls Historic District is situated

2 within a one-half hour’s drive from New York City

3 and a 2 hour’s drive from Philadelphia, Hartford,

4 New Haven, and Wilmington;

5 (4) the District was developed by the Society of

6 Useful Manufactures, an organization whose leaders

7 included a number of historically renowned individ8 uals, including Alexander Hamilton; and

9 (5) the Great Falls Historic District has been the

10 subject of a number of studies that have shown that

11 the District possesses a combination of historic sig12 nificance and natural beauty worthy of and uniquely

13 situated for preservation and redevelopment.

14 SEC. 2402. PURPOSES.

15 The purposes of this title are—

16 (1) to preserve and interpret, for the educational

17 and inspirational benefit of the public, the contribu18 tion to our national heritage of certain historic and

19 cultural lands and edifices of the Great Falls Historic

20 District, with emphasis on harnessing this unique

21 urban environment for its educational and rec22 reational value; and

23 (2) to enhance economic and cultural redevelop24 ment within the District.
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1 SEC. 2403. DEFINITIONS.

2 In this Act:

3 (1) DISTRICT.—The term ‘‘District’’ means the

4 Great Falls Historic District established by section

5 2404.

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

7 the Secretary of the Interior.

8 SEC. 2404. GREAT FALLS HISTORIC DISTRICT.

9 (a) ESTABLISHMENT.—There is established the Great

10 Falls Historic District in the city of Paterson, in Passaic

11 County, New Jersey.

12 (b) BOUNDARIES.—The boundaries of the District shall

13 be the boundaries specified for the Great Falls Historic Dis14 trict listed on the National Register of Historic Places.

15 SEC. 2405. DEVELOPMENT PLAN.

16 (a) GRANTS AND COOPERATIVE AGREEMENTS.—The

17 Secretary may make grants and enter into cooperative

18 agreements with the State of New Jersey, local governments,

19 and private nonprofit entities under which the Secretary

20 agrees to pay not more than 50 percent of the costs of—

21 (1) preparation of a plan for the development of

22 historic, architectural, natural, cultural, and inter23 pretive resources within the District; and

24 (2) implementation of projects approved by the

25 Secretary under the development plan.
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1 (b) CONTENTS OF PLAN.—The development plan shall

2 include—

3 (1) an evaluation of—

4 (A) the physical condition of historic and

5 architectural resources; and

6 (B) the environmental and flood hazard

7 conditions within the District; and

8 (2) recommendations for—

9 (A) rehabilitating, reconstructing, and

10 adaptively reusing the historic and architectural

11 resources;

12 (B) preserving viewsheds, focal points, and

13 streetscapes;

14 (C) establishing gateways to the District;

15 (D) establishing and maintaining parks

16 and public spaces;

17 (E) developing public parking areas;

18 (F) improving pedestrian and vehicular cir19 culation within the District;

20 (G) improving security within the District,

21 with an emphasis on preserving historically sig22 nificant structures from arson; and

23 (H) establishing a visitors’ center.
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1 SEC. 2406. RESTORATION, PRESERVATION, AND INTERPRE2 TATION OF PROPERTIES.

3 (a) COOPERATIVE AGREEMENTS.—The Secretary may

4 enter into cooperative agreements with the owners of prop5 erties within the District that the Secretary determines to

6 be of historical or cultural significance, under which the

7 Secretary may—

8 (1) pay not more than 50 percent of the cost of

9 restoring and improving the properties;

10 (2) provide technical assistance with respect to

11 the preservation and interpretation of the properties;

12 and

13 (3) mark and provide interpretation of the prop14 erties.

15 (b) PROVISIONS.—A cooperative agreement under sub16 section (a) shall provide that—

17 (1) the Secretary shall have the right of access at

18 reasonable times to public portions of the property for

19 interpretive and other purposes;

20 (2) no change or alteration may be made in the

21 property except with the agreement of the property

22 owner, the Secretary, and any Federal agency that

23 may have regulatory jurisdiction over the property;

24 and

25 (3) if at any time the property is converted,

26 used, or disposed of in a manner that is contrary to
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1 the purposes of this Act, as determined by the Sec2 retary, the property owner shall be liable to the Sec3 retary for the greater of—

4 (A) the amount of assistance provided by

5 the Secretary for the property; or

6 (B) the portion of the increased value of the

7 property that is attributable to that assistance,

8 determined as of the date of the conversion, use,

9 or disposal.

10 (c) APPLICATIONS.—

11 (1) IN GENERAL.—A property owner that desires

12 to enter into a cooperative agreement under sub13 section (a) shall submit to the Secretary an applica14 tion describing how the project proposed to be funded

15 will further the purposes of the District.

16 (2) CONSIDERATION.—In making such funds

17 available under this section, the Secretary shall give

18 consideration to projects that provide a greater lever19 age of Federal funds.

20 SEC. 2407. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated to the Sec22 retary to carry out this title—

23 (1) $250,000 for grants and cooperative agree24 ments for the development plan under section 2405;

25 and
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1 (2) $50,000 for the provision of technical assist2 ance and $3,000,000 for the provision of other assist3 ance under cooperative agreements under section

4 2406.

5 TITLE XXV—RIO PUERCO WATERSHED

6 SEC. 2501. FINDINGS.

7 Congress finds that—

8 (1) over time, extensive ecological changes have

9 occurred in the Rio Puerco watershed, including—

10 (A) erosion of agricultural and range lands;

11 (B) impairment of waters due to heavy

12 sedimentations;

13 (C) reduced productivity of renewable re14 sources;

15 (D) loss of biological diversity;

16 (E) loss of functioning riparian areas; and

17 (F) loss of available surface water;

18 (2) damage to the watershed has seriously af19 fected the economic and cultural well-being of its in20 habitants, including—

21 (A) loss of communities that were based on

22 the land and were self-sustaining; and

23 (B) adverse effects on the traditions, cus24 toms, and cultures of the affected communities;
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1 (3) a healthy and sustainable ecosystem is essen2 tial to the long-term economic and cultural viability

3 of the region;

4 (4) the impairment of the Rio Puerco watershed

5 has caused damage to the ecological and economic

6 well-being of the area below the junction of the Rio

7 Puerco with the Rio Grande, including—

8 (A) disruption of ecological processes;

9 (B) water quality impairment;

10 (C) significant reduction in the water stor11 age capacity and life expectancy of the Elephant

12 Butte Dam and Reservoir system due to sedi13 mentation;

14 (D) chronic problems of irrigation system

15 channel maintenance; and

16 (E) increased risk of flooding caused by

17 sediment accumulation;

18 (5) the Rio Puerco is a major tributary of the

19 Rio Grande, and the coordinated implementation of

20 ecosystem-based best management practices for the

21 Rio Puerco system could benefit the larger Rio

22 Grande system;

23 (6) the Rio Puerco watershed has been stressed

24 from the loss of native vegetation, introduction of ex25 otic species, and alteration of riparian habitat which
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1 have disrupted the original dynamics of the river and

2 disrupted natural ecological processes;

3 (7) the Rio Puerco watershed is a mosaic of pri4 vate, Federal, tribal trust, and State land ownership

5 with diverse, sometimes differing management objec6 tives;

7 (8) development, implementation, and monitor8 ing of an effective watershed management program

9 for the Rio Puerco watershed is best achieved through

10 cooperation among affected Federal, State, local, and

11 tribal entities;

12 (9) the Secretary of the Interior, acting through

13 the Director of the bureau of Land Management, in

14 consultation with Federal, State, local, and tribal en15 titles and in cooperation with the Rio Puerco Water16 shed Committee, is best suited to coordinate manage17 ment efforts in the Rio Puerco Watershed; and

18 (10) accelerating the pace of improvement in the

19 Rio Puerco Watershed on a coordinated, cooperative

20 basis will benefit persons living in the watershed as

21 well as downstream users on the Rio Grande.

22 SEC. 2502. MANAGEMENT PROGRAM.

23 (a) IN GENERAL.—The Secretary of the Interior, act24 ing through the Director of the Bureau of Land Manage25 ment shall—
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1 (1) in consultation with the Rio Puerco Manage2 ment Committee established by section 2503—

3 (A) establish a clearinghouse for research

4 and information on management within the area

5 identified as the Rio Puerco Drainage Basin, as

6 depicted on the map entitled ‘‘the Rio Puerco

7 Watershed’’ dated June 1994, including—

8 (i) current and historical natural re9 source conditions; and

10 (ii) data concerning the extent and

11 causes of watershed impairment; and

12 (B) establish an inventory of best manage13 ment practices and related monitoring activities

14 that have been or may be implemented within

15 the area identified as the Rio Puerco Watershed

16 Project, as depicted on the map entitled ‘‘the Rio

17 Puerco Watershed’’ dated June 1994; and

18 (2) provide support to the Rio Puerco Manage19 ment Committee to identify objectives, monitor results

20 of ongoing projects, and develop alternative watershed

21 management plans for the Rio Puerco Drainage

22 Basin, based on best management practices.

23 (b) RIO PUERCO MANAGEMENT REPORT.—

24 (1) IN GENERAL.—Not later than 2 years after

25 the date of enactment of this Act, the Secretary of the
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1 Interior, in consultation with the Rio Puerco Man2 agement Committee, shall prepare a report for the im3 provement of watershed conditions in the Rio Puerco

4 Drainage Basin described in subsection (a)(1).

5 (2) CONTENTS.—The report under paragraph (1)

6 shall—

7 (A) identify reasonable and appropriate

8 goals and objectives for landowners and man9 agers in the Rio Puerco watershed;

10 (B) describe potential alternative actions to

11 meet the goals and objectives, including proven

12 best management practices and costs associated

13 with implementing the actions;

14 (C) recommend voluntary implementation

15 of appropriate best management practices on

16 public and private lands;

17 (D) provide for cooperative development of

18 management guidelines for maintaining and im19 proving the ecological, cultural, and economic

20 conditions on public and private lands;

21 (E) provide for the development of public

22 participation and community outreach programs

23 that would include proposals for—

24 (i) cooperative efforts with private

25 landowners to encourage implementation of
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1 best management practices within the wa2 tershed; and

3 (ii) Involvement of private citizens in

4 restoring the watershed;

5 (F) provide for the development of proposals

6 for voluntary cooperative programs among the

7 members of the Rio Puerco Management Com8 mittee to implement best management practices

9 in a coordinated, consistent, and cost-effective

10 manner;

11 (G) provide for the encouragement of, and

12 support implementation of, best management

13 practices on private lands; and

14 (H) provide for the development of propos15 als for a monitoring system that—

16 (i) builds on existing data available

17 from private, Federal, and State sources;

18 (ii) provides for the coordinated collec19 tion, evaluation, and interpretation of addi20 tional data as needed or collected; and

21 (iii) will provide information to—

22 (I) assess existing resource and so23 cioeconomic conditions;

24 (II) identify priority implementa25 tion actions; and
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1 (III) assess the effectiveness of ac2 tions taken.

3 SEC. 2503. RIO PUERCO MANAGEMENT COMMITTEE.

4 (a) ESTABLISHMENT.—There is established the Rio

5 Puerco Management Committee (referred to in this section

6 as the ‘‘Committee’’).

7 (b) MEMBERSHIP.—The Committee shall be convened

8 by a representative of the Bureau of Land Management and

9 shall include representatives from—

10 (1) the Rio Puerco Watershed Committee;

11 (2) affected tribes and pueblos;

12 (3) the National Forest Service of the Depart13 ment of Agriculture;

14 (4) the Bureau of Reclamation;

15 (5) the United States Geological Survey;

16 (6) the Bureau of Indian Affairs;

17 (7) the United States Fish and Wildlife Service;

18 (8) the Army Corps of Engineers;

19 (9) the Natural Resources Conservation Service

20 of the Department of Agriculture;

21 (10) the State of New Mexico, including the New

22 Mexico Environment Department of the State Engi23 neer;

24 (11) affected local soil and water conservation

25 districts;
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1 (12) the Elephant Butte Irrigation District;

2 (13) private landowners; and

3 (14) other interested citizens.

4 (c) DUTIES.—The Rio Puerco Management Committee

5 shall—

6 (1) advise the Secretary of the Interior, acting

7 through the Director of the Bureau of Land Manage8 ment, on the development and implementation of the

9 Rio Puerco Management Program described in section

10 2502; and

11 (2) serve as a forum for information about ac12 tivities that may affect or further the development

13 and implementation of the best management practices

14 described in section 2502.

15 (d) TERMINATION.—The Committee shall terminate on

16 the date that is 10 years after the date of enactment of this

17 Act.

18 SEC. 2504. REPORT.

19 Not later than the date that is 2 years after the date

20 of enactment of this Act, and biennially thereafter, the Sec21 retary of the Interior, in consultation with the Rio Puerco

22 Management Committee, shall transmit to the Committee

23 on Energy and Natural Resources of the Senate and to the

24 Committee on Resources of the House of Representatives a

25 report containing—
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1 (1) a summary of activities of the management

2 program under section 2502; and

3 (2) proposals for joint implementation efforts,

4 including funding recommendations.

5 SEC. 2505. LOWER RIO GRANDE HABITAT STUDY.

6 (a) IN GENERAL.—The Secretary of the Interior, in

7 cooperation with appropriate State agencies, shall conduct

8 a study of the Rio Grande that—

9 (1) shall cover the distance from Caballo Lake to

10 Sunland Park, New Mexico; and

11 (2) may cover a greater distance.

12 (b) CONTENTS.—The study under subsection (a) shall

13 include—

14 (1) a survey of the current habitat conditions of

15 the river and its riparian environment;

16 (2) identification of the changes in vegetation

17 and habitat over the past 400 years and the effect of

18 the changes on the river and riparian area; and

19 (3) an assessment of the feasibility, benefits, and

20 problems associated with activities to prevent further

21 habitat loss and to restore habitat through reintroduc22 tion or establishment of appropriate native plant spe23 cies.

24 (c) TRANSMITTAL.—Not later than 3 years after the

25 date on which funds are made available to carry out this
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1 Act, the Secretary of the Interior shall transmit the study

2 under subsection (a) to the Committee on Energy and Natu3 ral Resources of the Senate and to the Committee on Re4 sources of the House of Representatives.

5 SEC. 2506. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated to carry out

7 sections 2501, 2502, 2503, 2504, and 2505 a total of

8 $7,500,000 for the 10 fiscal years beginning after the date

9 of enactment of this Act.

10 TITLE XXVI—COLUMBIA BASIN

11 SEC. 2601. LAND EXCHANGE.

12 The Secretary of the Interior (hereinafter referred to

13 as the ‘‘Secretary’’) is authorized to convey to the Boise Cas14 cade Corporation (hereinafter referred to as the ‘‘Corpora15 tion’’), a corporation formed under the statutes of the State

16 of Delaware, with its principal place of business at Boise,

17 Idaho, title to approximately seven acres of land, more or

18 less, located in sections 14 and 23, township 36 north, range

19 37 east, Willamette Meridian, Stevens County, Washington,

20 further identified in the records of the Bureau of Reclama21 tion, Department of the Interior, as Tract No. GC–19860,

22 and to accept from the Corporation in exchange therefor,

23 title to approximately one hundred and thirty-six acres of

24 land located in section 19, township 37 north, range 38 east

25 and section 33, township 38 north, range 37 east, Willam-
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1 ette Meridian, Stevens County, Washington, and further

2 identified in the records of the Bureau of Reclamation, De3 partment of the Interior, as Tract No. GC–19858 and Tract

4 No. GC–19859, respectively.

5 SEC. 2602. APPRAISAL.

6 The properties so exchanged either shall be approxi7 mately equal in fair market value or if they are not ap8 proximately equal, shall be equalized by the payment of

9 cash to the Corporation or to the Secretary as required or

10 in the event the value of the Corporation’s lands is greater,

11 the acreage may be reduced so that the fair market value

12 is approximately equal: Provided, That the Secretary shall

13 order appraisals made of the fair market value of each tract

14 of land included in the exchange without consideration for

15 improvements thereon: Provided further, That any cash

16 payment received by the Secretary shall be covered in the

17 Reclamation Fund and credited to the Columbia Basin

18 project.

19 SEC. 2603. ADMINISTRATIVE COSTS.

20 Costs of conducting the necessary land surveys, prepar21 ing the legal description of the lands to be conveyed, per22 forming the appraisals, and administrative costs incurred

23 in completing the exchange shall be borne by the Corpora24 tion.
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1 SEC. 2604. LIABILITY FOR HAZARDOUS SUBSTANCES.

2 (a) The Secretary shall not acquire any lands under

3 this title if the Secretary determines that such lands, or any

4 portion thereof, have become contaminated with hazardous

5 substances (as defined in the Comprehensive Environmental

6 Response, Compensation, and Liability Act (42 U.S.C.

7 9601)).

8 (b) Notwithstanding any other provision of law, the

9 United States shall have no responsibility or liability with

10 respect to any hazardous wastes or other substances placed

11 on any of the lands covered by this title after their transfer

12 to the ownership of any party, but nothing in this Act shall

13 be construed as either diminishing or increasing any re14 sponsibility or liability of the United States based on the

15 condition of such lands on the date of their transfer to the

16 ownership of another party. The Corporation shall indem17 nify the United States for liabilities arising under the Com18 prehensive Environmental Response, Compensation, and

19 Liability Act (42 U.S.C. 9601), and the Resource Conserva20 tion Recovery Act (42 U.S.C. 6901 et seq.).

21 SEC. 2605. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated such sums as

23 may be necessary to carry out the purposes of this title.
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1 TITLE XXVII—GRAND LAKE CEMETERY

2 SEC. 2701. MAINTENANCE OF CEMETERY IN ROCKY MOUN3 TAIN NATIONAL PARK.

4 (a) AGREEMENT.—Notwithstanding any other law, not

5 later than 6 months after the date of enactment of this Act,

6 the Secretary of the Interior shall enter into an appropriate

7 form of agreement with the town of Grand Lake, Colorado,

8 authorizing the town to maintain permanently, under ap9 propriate terms and conditions, a cemetery within the

10 boundaries of the Rocky Mountain National Park.

11 (b) CEMETERY BOUNDARIES.—The cemetery shall be

12 comprised of approximately 5 acres of land, as generally

13 depicted on the map entitled ‘‘Grand Lake Cemetery’’ and

14 dated February 1995.

15 (c) AVAILABILITY FOR PUBLIC INSPECTION.—The Sec16 retary of the Interior shall place the map described in sub17 section (b) on file, and make the map available for public

18 inspection, in the headquarters office of the Rocky Mountain

19 National Park.

20 (d) LIMITATION.—The cemetery shall not be extended

21 beyond the boundaries of the cemetery shown on the map

22 described in subsection (b).
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1 TITLE XXVIII—OLD SPANISH TRAIL

2 SEC. 2801. DESIGNATION.

3 Section 5(c) of the National Trails System Act (16

4 U.S.C. 1244(c)) is amended by adding at the end the follow5 ing new paragraph:

6 ‘‘(36) The Old Spanish Trail, beginning in

7 Santa Fe, New Mexico, proceeding through Colorado

8 and Utah, and ending in Los Angeles, California,

9 and the Northern Branch of the Old Spanish Trail,

10 beginning near Espanola, New Mexico, proceeding

11 through Colorado, and ending near Crescent Junction,

12 Utah.’’.

13 TITLE XXIX—BLACKSTONE RIVER VALLEY

14 NATIONAL HERITAGE CORRIDOR

15 SEC. 2901. BOUNDARY CHANCES.

16 Section 2 of the Act entitled ‘‘An Act to establish the

17 Blackstone River Valley National Heritage Corridor in

18 Massachusetts and Rhode Island’’, approved November 10,

19 1986 (Public Law 99–647; 16 U.S.C. 461 note), is amended

20 by striking the first sentence and inserting the following

21 new sentence: ‘‘The boundaries shall include the lands and

22 water generally depicted on the map entitled Blackstone

23 River Valley National Heritage Corridor Boundary Map,

24 numbered BRV–80–80,011, and dated May 2, 1993.’’.
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1 SEC. 2902. TERMS.

2 Section 3(c) of the Act entitled ‘‘An Act to establish

3 the Blackstone River Valley National Heritage Corridor in

4 Massachusetts and Rhode Island’’, approved November 10,

5 1986 (Public Law 99–647; 16 U.S.C. 461 note), is amended

6 by inserting immediately before the period at the end the

7 following: ‘‘, but may continue to serve after the expiration

8 of this term until a successor has been appointed’’.

9 SEC. 2903. REVISION OF PLAN.

10 Section 6 of the Act entitled ‘‘An Act to establish the

11 Blackstone River Valley National Heritage Corridor in

12 Massachusetts and Rhode Island’’, approved November 10,

13 1986 (Public Law 99–647; 16 U.S.C. 461 note), is amended

14 by adding at the end the following new subsection:

15 ‘‘(d) REVISION OF PLAN.—(1) Not later than 1 year

16 after the date of enactment of this subsection, the Commis17 sion, with the approval of the Secretary, shall revise the

18 Cultural Heritage and Land Management Plan. The revi19 sion shall address the boundary change and shall include

20 a natural resource inventory of areas or features that should

21 be protected, restored, managed, or acquired because of their

22 contribution to the understanding of national cultural land23 scape values.

24 ‘‘(2) No changes other than minor revisions may be

25 made in the approved plan as amended without the ap26 proval of the Secretary. The Secretary shall approve or dis-
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1 approve any proposed change in the plan, except minor re2 visions, in accordance with subsection (b).’’.

3 SEC. 2904. EXTENSION OF COMMISSION.

4 Section 7 of the Act entitled ‘‘An Act to establish the

5 Blackstone River Valley National Heritage Corridor in

6 Massachusetts and Rhode Island’’, approved November 10,

7 1986 (Public Law 99–647; 16 U.S.C. 461 note), is amended

8 to read as follows:

9 ‘‘TERMINATION OF COMMISSION

10 ‘‘SEC. 7. (a) TERMINATION.—Except as provided in

11 subsection (b), the Commission shall terminate on the date

12 that is 10 years after the date of enactment of the Blackstone

13 River Valley National Heritage Corridor Amendments Act

14 of 1995.

15 ‘‘(b) EXTENSION.—The Commission may be extended

16 for an additional term of 10 years if—

17 ‘‘(1) not later than 180 days before the termi18 nation of the Commission, the Commission determines

19 that an extension is necessary to carry out this title;

20 ‘‘(2) the Commission submits a proposed exten21 sion to the appropriate committees of the Senate and

22 the House of Representatives; and

23 ‘‘(3) the Secretary, the Governor of Massachu24 setts, and the Governor of Rhode Island each approve

25 the extension.
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1 ‘‘(c) DETERMINATION OF APPROVAL.—The Secretary

2 shall approve the extension if the Secretary finds that—

3 ‘‘(1) the Governor of Massachusetts and the Gov4 ernor of Rhode Island provide adequate assurances of

5 continued tangible contribution and effective policy

6 support toward achieving the purposes of this title;

7 and

8 ‘‘(2) the Commission is effectively assisting Fed9 eral, State, and local authorities to retain, enhance,

10 and interpret the distinctive character and nationally

11 significant resources of the Corridor.’’.

12 SEC. 2905. IMPLEMENTATION OF THE PLAN.

13 Subsection (c) of section 8 of the Act entitled ‘‘An Act

14 to establish the Blackstone River Valley National Heritage

15 Corridor in Massachusetts and Rhode Island’’, approved

16 November 10, 1986 (Public Law 99–647; 16 U.S.C. 461

17 note), is amended to read as follows:

18 ‘‘(c) IMPLEMENTATION.—(1) To assist in the imple19 mentation of the Cultural Heritage and Land Management

20 Plan in a manner consistent with purposes of this title,

21 the Secretary is authorized to undertake a limited program

22 of financial assistance for the purpose of providing funds

23 for the preservation and restoration of structures on or eli24 gible for inclusion on the National Register of Historic

25 Places within the Corridor which exhibit national signifi-
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1 cance or provide a wide spectrum of historic, recreational,

2 or environmental education opportunities to the general

3 public.

4 ‘‘(2) To be eligible for funds under this section, the

5 Commission shall submit an application to the Secretary

6 that includes—

7 ‘‘(A) a 10-year development plan including those

8 resource protection needs and projects critical to

9 maintaining or interpreting the distinctive character

10 of the Corridor; and

11 ‘‘(B) specific descriptions of annual work pro12 grams that have been assembled, the participating

13 parties, roles, cost estimates, cost-sharing, or coopera14 tive agreements necessary to carry out the develop15 ment plan.

16 ‘‘(3) Funds made available pursuant to this subsection

17 shall not exceed 50 percent of the total cost of the work pro18 grams.

19 ‘‘(4) In making the funds available, the Secretary shall

20 give priority to projects that attract greater non-Federal

21 funding sources.

22 ‘‘(5) Any payment made for the purposes of conserva23 tion or restoration of real property or structures shall be

24 subject to an agreement either—
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1 ‘‘(A) to convey a conservation or preservation

2 easement to the Department of Environmental Man3 agement or to the Historic Preservation Commission,

4 as appropriate, of the State in which the real prop5 erty or structure is located; or

6 ‘‘(B) that conversion, use, or disposal of the re7 sources so assisted for purposes contrary to the pur8 poses of this title, as determined by the Secretary,

9 shall result in a right of the United States for reim10 bursement of all funds expended upon such resources

11 or the proportion of the increased value of the re12 sources attributable to such funds as determined at

13 the time of such conversion, use, or disposal, which14 ever is greater.

15 ‘‘(6) The authority to determine that a conversion, use,

16 or disposal of resources has been carried out contrary to

17 the purposes of this title in violation of an agreement en18 tered into under paragraph (5)(A) shall be solely at the dis19 cretion of the Secretary.’’.

20 SEC. 2906. LOCAL AUTHORITY.

21 Section 5 of the Act entitled ‘‘An Act to establish the

22 Blackstone River Valley National Heritage Corridor in

23 Massachusetts and Rhode Island’’, approved November 10,

24 1986 (Public Law 99–647; 16 U.S.C. 461 note), is amended

25 by adding at the end the following new subsection:
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1 ‘‘(j) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT

2 AFFECTED.—Nothing in this title shall be construed to af3 fect or to authorize the Commission to interfere with—

4 ‘‘(1) the rights of any person with respect to pri5 vate property; or

6 ‘‘(2) any local zoning ordinance or land use plan

7 of the Commonwealth of Massachusetts or a political

8 subdivision of such Commonwealth.’’.

9 SEC. 2907. AUTHORIZATION OF APPROPRIATIONS.

10 Section 10 of the Act entitled ‘‘An Act to establish the

11 Blackstone River Valley National Heritage Corridor in

12 Massachusetts and Rhode Island’’, approved November 10,

13 1986 (Public Law 99–647; 16 U.S.C. 461 note), as amend14 ed, is further amended—

15 (1) in subsection (a), by striking ‘‘$350,000’’ and

16 inserting ‘‘$650,000’’; and

17 (2) by amending subsection (b) to read as fol18 lows:

19 ‘‘(b) DEVELOPMENT FUNDS.—For fiscal years 1996,

20 1997, and 1998, there is authorized to be appropriated to

21 carry out section 8(c), $5,000,000 in the aggregate.’’.

22 TITLE XXX—CUPRUM, IDAHO RELIEF

23 SEC. 3001. FINDINGS AND PURPOSE.

24 (a) FINDINGS.—The Congress finds and declares that:
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1 (1) In 1899, the citizens of Cuprum, Idaho, com2 missioned E.S. Hesse to conduct a survey describing

3 these lands occupied by their community. The purpose

4 of this survey was to provide a basis for the applica5 tion for a townsite patent.

6 (2) In 1909, the Cuprum Townsite patent (Num7 ber 52817) was granted, based on an aliquot parts de8 scription which was intended to circumscribe the

9 Hesse survey.

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

11 has been used continuously by the community of

12 Cuprum and by Adams Country, Idaho, as the offi13 cial townsite plat and basis for conveyance of title

14 within the townsite.

15 (4) Recent boundary surveys conducted by the

16 United States Department of Agriculture, Forest

17 Service, and the United States Department of the In18 terior, Bureau of Land Management, discovered in19 consistencies between the official aliquot parts de20 scription of the patented Cuprum Townsite and the

21 Hesse survey. Many lots along the south and east

22 boundaries of the townsite are now known to extend

23 onto National Forest System lands outside the town24 site.
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1 (5) It is the determination of Congress that the

2 original intent of the Cuprum Townsite application

3 was to include all the lands described by the Hesse

4 survey.

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

6 the 1909 Cuprum Townsite patent to include those addi7 tional lands described by the Hesse survey in addition to

8 other lands necessary to provide an administratively ac9 ceptable boundary to the National Forest System.

10 SEC. 3002. AMENDMENT OF PATENT.

11 (a) The 1909 Cuprum Townsite patent is hereby

12 amended to include parcels 1 and 2, identified on the plat,

13 marked as ‘‘Township 20 North, Range 3 West, Boise Me14 ridian, Idaho, Section 10: Proposed Patent Adjustment

15 Cuprum Townsite, Idaho’’ prepared by Payette N.F.—

16 Land Survey Unit, drawn and approved by Tom Betzold,

17 Forest Land Surveyor, on April 25, 1995. Such additional

18 lands are hereby conveyed to the original patentee, Pitts

19 Ellis, trustee, and Probate Judge of Washington County,

20 Idaho, or any successors or assigns in interest in accordance

21 with State law. The Secretary of Agriculture may correct

22 clerical and typographical errors in such plat.

23 (b) The Federal Government shall survey the Federal

24 property lines and mark and post the boundaries necessary

25 to implement this section.
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1 SEC. 3003. RELEASE.

2 Notwithstanding section 120 of the Comprehensive En3 vironmental Response, Compensation and Liability Act of

4 1980, as amended (42 U.S.C. 9620), the United States shall

5 not be liable and shall be held harmless from any and all

6 claims resulting from substances or petroleum products or

7 any other hazardous materials on the conveyed land.

8 TITLE XXXI—ARKANSAS AND OKLAHOMA

9 LAND EXCHANGE

10 SEC. 3101. FINDINGS AND PURPOSE.

11 (a) FINDINGS.—Congress finds that:

12 (1) The Weyerhaeuser Company has offered to

13 the United States Government an exchange of lands

14 under which Weyerhaeuser would receive approxi15 mately 48,000 acres of Federal land in Arkansas and

16 Oklahoma and all mineral interests and oil and gas

17 interests pertaining to these exchanged lands in which

18 the United States Government has an interest in re19 turn for conveying to the United States lands owned

20 by Weyerhaeuser consisting of approximately 180,000

21 acres of forested wetlands and other forest land of

22 public interest in Arkansas and Oklahoma and all

23 mineral interests and all oil and gas interest pertain24 ing to 48,000 acres of these 180,000 acres of ex25 changed lands in which Weyerhaeuser has an interest,

26 consisting of:
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1 (A) certain lands in Arkansas (Arkansas

2 Ouachita lands) located near Poteau Mountain,

3 Caney Creek Wilderness, Lake Ouachita, Little

4 Missouri Wild and Scenic River, Flatside Wil5 derness and the Ouachita National Forest;

6 (B) certain lands in Oklahoma (Oklahoma

7 lands) located near the McCurtain County Wil8 derness, the Broken Bow Reservoir, the Glover

9 River, and the Ouachita National Forest; and

10 (C) certain lands in Arkansas (Arkansas

11 Cossatot lands) located on the Little and

12 Cossatot Rivers and identified as the ‘‘Pond

13 Creek Bottoms’’ in the Lower Mississippi River

14 Delta section of the North American Waterfowl

15 Management Plan;

16 (2) acquisition of the Arkansas Cossatot lands by

17 the United States will remove the lands in the heart

18 of a critical wetland ecosystem from sustained timber

19 production and other development;

20 (3) the acquisition of the Arkansas Ouachita

21 lands and the Oklahoma lands by the United States

22 for administration by the Forest Service will provide

23 an opportunity for enhancement of ecosystem man24 agement of the National Forest System lands and re25 sources;
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1 (4) the Arkansas Ouachita lands and the Okla2 homa lands have outstanding wildlife habitat and im3 portant recreational values and should continue to be

4 made available for activities such as public hunting,

5 fishing, trapping, nature observation, enjoyment, edu6 cation, and timber management whenever these ac7 tivities are consistent with applicable Federal laws

8 and land and resource management plans; these

9 lands, especially in the riparian zones, also harbor

10 endangered, threatened and sensitive plants and ani11 mals and the conservation and restoration of these

12 areas are important to the recreational and edu13 cational public uses and will represent a valuable eco14 logical resource which should be conserved;

15 (5) the private use of the lands the United States

16 will convey to Weyerhaeuser will not conflict with es17 tablished management objectives on adjacent Federal

18 lands;

19 (6) the lands the United States will convey to

20 Weyerhaeuser as part of the exchange described in

21 paragraph (1) do not contain comparable fish, wild22 life, or wetland values;

23 (7) the values of all lands, mineral interests, and

24 oil and gas interests to be exchanged between the
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1 United States and Weyerhaeuser are approximately

2 equal in value; and

3 (8) the exchange of lands, mineral interests, and

4 oil and gas interests between Weyerhaeuser and the

5 United States is in the public interest.

6 (b) PURPOSE.—The purpose of this title is to authorize

7 and direct the Secretary of the Interior and the Secretary

8 of Agriculture, subject to the terms of this title, to complete,

9 as expeditiously as possible, an exchange of lands, mineral

10 interests, and oil and gas interests with Weyerhaeuser that

11 will provide environmental, land management, rec12 reational, and economic benefits to the States of Arkansas

13 and Oklahoma and to the United States.

14 SEC. 3102. DEFINITIONS.

15 As used in this title:

16 (1) LAND.—The terms ‘‘land’’ or ‘‘lands’’ mean

17 the surface estate and any other interests therein ex18 cept for mineral interests and oil and gas interests.

19 (2) MINERAL INTERESTS.—The term ‘‘mineral

20 interests’’ means geothermal steam and heat and all

21 metals, ores, and minerals of any nature whatsoever,

22 except oil and gas interests, in or upon lands subject

23 to this title including, but not limited to, coal, lignite,

24 peat, rock, sand, gravel, and quartz.
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1 (3) OIL AND GAS INTERESTS.—The term ‘‘oil

2 and gas interests’’ means all oil and gas of any na3 ture, including carbon dioxide, helium, and gas taken

4 from coal seams (collectively ‘‘oil and gas’’).

5 (4) SECRETARIES.—The term ‘‘Secretaries’’

6 means the Secretary of the Interior and the Secretary

7 of Agriculture.

8 (5) WEYERHAEUSER.—The term ‘‘Weyerhaeuser’’

9 means Weyerhaeuser Company, a company incor10 porated in the State of Washington.

11 SEC. 3103. EXCHANGE.

12 (a) EXCHANGE OF LANDS AND MINERAL INTER13 ESTS.—

14 (1) IN GENERAL.—Subject to paragraph (a)(2)

15 and notwithstanding any other provision of law,

16 within 90 days after the date of the enactment of this

17 title, the Secretary of Agriculture shall convey to

18 Weyerhaeuser, subject to any valid existing rights, ap19 proximately 20,000 acres of Federal lands and min20 eral interests in the State of Arkansas and approxi21 mately 28,000 aces of Federal lands and mineral in22 terests in the State of Oklahoma as depicted on maps

23 entitled ‘‘Arkansas-Oklahoma Land Exchange—Fed24 eral Arkansas and Oklahoma Lands’’, dated February
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1 1996 and available for public inspection in appro2 priate offices of the Secretaries.

3 (2) OFFER AND ACCEPTANCE OF LANDS.—The

4 Secretary of Agriculture shall make the conveyance to

5 Weyerhaeuser if Weyerhaeuser conveys deeds of title to

6 the United States, subject to limitations and the res7 ervation described in subsection (b) and which are ac8 ceptable to and approved by the Secretary of Agri9 culture to the following:

10 (A) approximately 120,000 acres of lands

11 and mineral interests owned by Weyerhaeuser in

12 the State of Oklahoma, as depicted on a map en13 titled ‘‘Arkansas-Oklahoma Land Exchange—

14 Weyerhaeuser Oklahoma Lands’’, dated February

15 1996 and available for public inspection in ap16 propriate offices of the Secretaries;

17 (B) approximately 35,000 acres of lands

18 and mineral interests owned by Weyerhaeuser in

19 the State of Arkansas, as depicted on a map en20 titled ‘‘Arkansas-Oklahoma Land Exchange—

21 Weyerhaeuser Arkansas Ouachita Lands’’, dated

22 February 1996 and available for public inspec23 tion in appropriate offices of the Secretaries; and

24 (C) approximately 25,000 acres of lands

25 and mineral interests owned by Weyerhaeuser in
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1 the State of Arkansas, as depicted on a map en2 titled ‘‘Arkansas-Oklahoma Land Exchange—

3 Weyerhaeuser Arkansas Cossatot Lands’’, dated

4 February 1996 and available for public inspec5 tion in appropriate offices of the Secretaries.

6 (b) EXCHANGE OF OIL AND GAS INTERESTS.—

7 (1) IN GENERAL.—Subject to paragraph (b)(2)

8 and notwithstanding any other provision of law, at

9 the same time as the exchange for land and mineral

10 interests is carried out pursuant to this section, the

11 Secretary of Agriculture shall exchange all Federal oil

12 and gas interests, including existing leases and other

13 agreements, in the lands described in paragraph

14 (a)(1) for equivalent oil and gas interests, including

15 existing leases and other agreements, owned by

16 Weyerhaeuser in the lands described in paragraph

17 (a)(2).

18 (2) RESERVATION.—In addition to the exchange

19 of oil and gas interests pursuant to paragraph (b)(1),

20 Weyerhaeuser shall reserve oil and gas interests in

21 and under the lands depicted for reservation upon a

22 map entitled ‘‘Arkansas-Oklahoma Land Exchange—

23 Weyerhaeuser Oil and Gas Interest Reservation

24 Lands’’, dated February 1996 and available for pub25 lic inspection in appropriate offices of the Secretaries.
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1 Such reservation shall be subject to the provisions of

2 this title and a Memorandum of Understanding joint3 ly agreed to by the Forest Service and Weyerhaeuser.

4 Such Memorandum of Understanding shall be com5 pleted no later than 60 days after date of enactment

6 of this title and shall be transmitted to the Committee

7 on Energy and Natural Resources of the United

8 States Senate and the Committee on Resources of the

9 United States House of Representatives. The Memo10 randum of Understanding shall not become effective

11 until 30 days after it is received by the Committees.

12 (c) GENERAL PROVISIONS.—

13 (1) MAPS CONTROLLING.—The acreage cited in

14 this title is approximate. In the case of a discrepancy

15 between the description of lands, mineral interests, or

16 oil and gas interests to be exchanged pursuant to sub17 section (a) and the lands, mineral interests, or oil

18 and gas interest depicted on a map referred to in

19 such subsection, the map shall control. Subject to the

20 notification required by paragraph (3), the maps ref21 erenced in this title shall be subject to such minor cor22 rections as may be agreed upon by the Secretaries

23 and Weyerhaeuser.

24 (2) FINAL MAPS.—Not later than 180 days after

25 the conclusion of the exchange required by subsections
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1 (a) and (b), the Secretaries shall transmit maps accu2 rately depicting the lands and mineral interests con3 veyed and transferred pursuant to this title and the

4 acreage and boundary descriptions of such lands and

5 mineral interests to the Committees on Energy and

6 Natural Resources of the Senate and the Committee

7 on Resources of the House of Representatives.

8 (3) CANCELLATION.—If, before the exchange has

9 been carried out pursuant to subsections (a) and (b),

10 Weyerhaeuser provides written notification to the Sec11 retaries that Weyerhaeuser no longer intends to com12 plete the exchange, with respect to the lands, mineral

13 interests, and oil and gas interests that would other14 wise be subject to the exchange, the status of such

15 lands, mineral interests, and oil and gas interests

16 shall revert to the status of such lands, mineral inter17 ests, and oil and gas interests as of the day before the

18 date of enactment of this title and shall be managed

19 in accordance with applicable law and management

20 plans.

21 (4) WITHDRAWAL.—Subject to valid existing

22 rights, the lands and interests therein depicted for

23 conveyance to Weyerhaeuser on the maps referenced

24 in subsections (a) and (b) are withdrawn from all

25 forms of entry and appropriation under the public
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1 land laws (including the mining laws) and from the

2 operation of mineral leasing and geothermal steam

3 leasing laws effective upon the date of the enactment

4 of this title. Such withdrawal shall terminate 45 days

5 after completion of the exchange provided for in sub6 sections (a) and (b) or on the date of notification by

7 Weyerhaeuser of a decision not to complete the ex8 change.

9 SEC. 3104. DESIGNATION AND USE OF LANDS ACQUIRED BY

10 THE UNITED STATES.

11 (a) NATIONAL FOREST SYSTEM.—

12 (1) ADDITION TO THE SYSTEM.—Upon approval

13 and acceptance of title by the Secretary of Agri14 culture, the 155,000 acres of land conveyed to the

15 United States pursuant to section 3103(a)(2) (A) and

16 (B) of this Act shall be subject to the Act of March

17 1, 1911 (commonly known as the ‘‘Weeks Law’’) (36

18 Stat. 961, as amended), and shall be administered by

19 the Secretary of Agriculture in accordance with the

20 laws and regulations pertaining to the National For21 est system.

22 (2) PLAN AMENDMENTS.—No later than 12

23 months after the completion of the exchange required

24 by this title, the Secretary of Agriculture shall begin

25 the process to amend applicable land and resource
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1 management plans with public involvement pursuant

2 to section 6 of the Forest and Rangeland Renewable

3 Resources Planning Act of 1974, as amended by the

4 National Forest Management Act of 1976 (16 U.S.C.

5 1604).

6 (b) OTHER.—

7 (1) ADDITION TO THE NATIONAL WILDLIFE REF8 UGE SYSTEM.—Once acquired by the United States,

9 the 25,000 acres of land identified in section

10 3103(a)(2)(C), the Arkansas Cossatot lands, shall be

11 managed by the Secretary of the Interior as a compo12 nent of the Cossatot National Wildlife Refuge in ac13 cordance with the National Wildlife Refuge System

14 Administration Act of 1966 (16 U.S.C. 668dd–668ee).

15 (2) PLAN PREPARATION.—Within 24 months

16 after the completion of the exchange required by this

17 title, the Secretary of the Interior shall prepare and

18 implement a single refuge management plan for the

19 Cossatot National Wildlife Refuge, as expanded by

20 this title. Such plans shall recognize the important

21 public purposes served by the nonconsumptive activi22 ties, other recreational activities, and wildlife-related

23 public use, including hunting, fishing, and trapping.

24 The plan shall permit, to the maximum extent prac25 ticable, compatible uses to the extent that they are
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1 consistent with sound wildlife management and in

2 accordance with the National Wildlife Refuge System

3 Administration Act of 1966 (16 U.S.C. 668dd–668ee)

4 and other applicable laws. Any regulations promul5 gated by the Secretary of the Interior with respect to

6 hunting, fishing, and trapping on those lands shall,

7 to the extent practicable, be consistent with State fish

8 and wildlife laws and regulations. In preparing the

9 management plan and regulations, the Secretary of

10 the Interior shall consult with the Arkansas Game

11 and Fish Commission.

12 (3) INTERIM USE OF LANDS.—

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

14 paragraph (2), during the period beginning on

15 the date of the completion of the exchange of

16 lands required by this title and ending on the

17 first date of the implementation of the plan pre18 pared under paragraph (2), the Secretary of the

19 Interior shall administer all lands added to the

20 Cossatot National Wildlife Refuge pursuant to

21 this title in accordance with the National Wild22 life Refuge System Administration Act of 1966

23 (16 U.S.C. 668dd–668ee) and other applicable

24 laws.
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1 (B) HUNTING SEASONS.—During the period

2 described in subparagraph (A), the duration of

3 any hunting season on the lands described in

4 subsection (1) shall comport with the applicable

5 State law.

6 SEC. 3105. OUACHITA NATIONAL FOREST BOUNDARY AD7 JUSTMENT.

8 (a) IN GENERAL.—Upon acceptance of title by the Sec9 retary of Agriculture of the lands conveyed to the United

10 States pursuant to section 3103(a)(2) (A) and (B), the

11 boundaries of the Ouachita National Forest shall be ad12 justed to encompass those lands conveyed to the United

13 States generally depicted on the appropriate maps referred

14 to in section 3103(a). Nothing in this section shall limit

15 the authority of the Secretary of Agriculture to adjust the

16 boundary pursuant to section 11 of the Weeks Law of March

17 1, 1911. For the purposes of section 7 of the Land and

18 Water Conservation Fund Act of 1965 (16 U.S.C. 4601–

19 9), the boundaries of the Ouachita National Forest, as ad20 justed by this title, shall be considered to be the boundaries

21 of the Forest as of January 1, 1965.

22 (b) MAPS AND BOUNDARY DESCRIPTIONS.—Not later

23 than 180 days after the date of enactment of this title, the

24 Secretary of Agriculture shall prepare a boundary descrip25 tion of the lands depicted on the map(s) referred to in sec-
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1 tion 3103(a)(2) (A) and (B). Such map(s) and boundary

2 description shall have the same force and effect as if in3 cluded in this title, except that the Secretary of Agriculture

4 may correct clerical and typographical errors.

5 TITLE XXXII—BIG THICKET

6 NATIONAL PRESERVE

7 SEC. 3201. FINDINGS.

8 The Congress finds that—

9 (1) under the Big Thicket National Preserve Ad10 dition Act of 1993 (Public Law 103–46), Congress in11 creased the size of the Big Thicket National Preserve

12 through authorized land exchanges;

13 (2) such land exchanges were not consummated

14 by July 1, 1995, as required by Public Law 103–46;

15 and

16 (3) failure to consummate such land exchanges

17 by the end of the three-year extension provided by this

18 Act will necessitate further intervention and direction

19 from Congress concerning such land exchanges.

20 SEC. 3202. TIME PERIOD FOR LAND EXCHANGE.

21 (a) EXTENSION.—The last sentence of subsection (d)

22 of the first section of the Act entitled ‘‘An Act to authorize

23 the establishment of the Big Thicket National Preserve in

24 the State of Texas, and for other purposes’’, approved Octo25 ber 11, 1974 (16 U.S.C. 698(d)), is amended by striking
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1 out ‘‘two years after date of enactment’’ and inserting ‘‘five

2 years after the date of enactment’’.

3 (b) INDEPENDENT APPRAISAL.—Subsection (d) of the

4 first section of such Act (16 U.S.C. 698(d)) is further

5 amended by adding at the end the following: ‘‘The Sec6 retary, in considering the values of the private lands to be

7 exchanged under this subsection, shall consider independent

8 appraisals submitted by the owners of the private lands.’’.

9 (c) LIMITATION.—Subsection (d) of the first section of

10 such Act (16 U.S.C. 698(d)), as amended by subsection (b),

11 is further amended by adding at the end the following: ‘‘The

12 authority to exchange lands under this subsection shall ex13 pire on July 1, 1998.’’.

14 SEC. 3203. REPORTING REQUIREMENT.

15 Not later than six months after the date of the enact16 ment of this Act and every six months thereafter until the

17 earlier of the consummation of the exchange or July 1,

18 1998, the Secretary of the Interior and the Secretary of Ag19 riculture shall each submit a report to the Committee on

20 Resources of the House of Representatives and the Commit21 tee on Energy and Natural Resources of the Senate concern22 ing the progress in consummating the land exchange au23 thorized by the amendments made by Big Thicket National

24 Preserve Addition Act of 1993 (Public Law 103–46).
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1 SEC. 3204. LAND EXCHANGE IN LIBERTY COUNTY, TEXAS.

2 If, within one year after the date of the enactment of

3 this Act—

4 (1) the owners of the private lands described in

5 subsection (b)(1) offer to transfer all their right, title,

6 and interest in and to such lands to the Secretary of

7 the Interior, and

8 (2) Liberty County, Texas, agrees to accept the

9 transfer of the Federal lands described in subsection

10 (b)(2),

11 the Secretary shall accept such offer of private lands and,

12 in exchange and without additional consideration, transfer

13 to Liberty County, Texas, all right, title, and interest of

14 the United States in and to the Federal lands described in

15 subsection (b)(2).

16 (b) LANDS DESCRIBED.—

17 (1) PRIVATE LANDS.—The private lands de18 scribed in this paragraph are approximately 3.76

19 acres of lands located in Liberty County, Texas, as

20 generally depicted on the map entitled ‘‘Big Thicket

21 Lake Estates Access—Proposed’’.

22 (2) FEDERAL LANDS.—The Federal lands de23 scribed in this paragraph are approximately 2.38

24 acres of lands located in Menard Creek Corridor Unit

25 of the Big Thicket National Preserve, as generally de26 picted on the map referred to in paragraph (1).
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1 (c) ADMINISTRATION OF LANDS ACQUIRED BY THE

2 UNITED STATES.—The lands acquired by the Secretary

3 under this section shall be added to and administered as

4 part of the Menard Creek Corridor Unit of the Big Thicket

5 National Preserve.

6 TITLE XXXIII—TALLGRASS

7 PRAIRIE NATIONAL PRESERVE

8 SEC. 3301. SHORT TITLE.

9 This title may be cited as the ‘‘Tallgrass Prairie Na10 tional Preserve Act of 1996’’.

11 SEC. 3302. FINDINGS AND PURPOSES.

12 (a) FINDINGS.—Congress finds that—

13 (1) of the 400,000 square miles of tallgrass prai14 rie that once covered the North American Continent,

15 less than 1 percent remains, primarily in the Flint

16 Hills of Kansas;

17 (2) in 1991, the National Park Service conducted

18 a special resource study of the Spring Hill Ranch, lo19 cated in the Flint Hills of Kansas;

20 (3) the study concludes that the Spring Hill

21 Ranch—

22 (A) is a nationally significant example of

23 the once vast tallgrass ecosystem, and includes

24 buildings listed on the National Register of His25 toric Places pursuant to section 101 of the Na-
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1 tional Historic Preservation Act (16 U.S.C.

2 470a) that represent outstanding examples of

3 Second Empire and other 19th Century architec4 tural styles; and

5 (B) is suitable and feasible as a potential

6 addition to the National Park System; and

7 (4) the National Park Trust, which owns the

8 Spring Hill Ranch, has agreed to permit the National

9 Park Service—

10 (A) to purchase a portion of the ranch, as

11 specified in this title; and

12 (B) to manage the ranch in order to—

13 (i) conserve the scenery, natural and

14 historic objects, and wildlife of the ranch;

15 and

16 (ii) provide for the enjoyment of the

17 ranch in such a manner and by such means

18 as will leave the scenery, natural and his19 toric objects, and wildlife unimpaired for

20 the enjoyment of future generations.

21 (b) PURPOSES.—The purposes of this title are—

22 (1) to preserve, protect, and interpret for the

23 public an example of a tallgrass prairie ecosystem on

24 the Spring Hill Ranch, located in the Flint Hills of

25 Kansas; and
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1 (2) to preserve and interpret for the public the

2 historic and cultural values represented on the Spring

3 Hill Ranch.

4 SEC. 3303. DEFINITIONS.

5 In this title:

6 (1) ADVISORY COMMITTEE.—The term ‘‘Advisory

7 Committee’’ means the Advisory Committee estab8 lished under section 3307.

9 (2) PRESERVE.—The term ‘‘Preserve’’ means the

10 Tallgrass Prairie National Preserve established by

11 section 3304.

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

13 the Secretary of the Interior.

14 (4) TRUST.—The term ‘‘Trust’’ means the Na15 tional Park Trust, Inc., a District of Columbia non16 profit corporation, or any successor-in-interest.

17 SEC. 3304. ESTABLISHMENT OF TALLGRASS PRAIRIE NA18 TIONAL PRESERVE.

19 (a) IN GENERAL.—In order to provide for the preser20 vation, restoration, and interpretation of the Spring Hill

21 Ranch area of the Flint Hills of Kansas, for the benefit and

22 enjoyment of present and future generations, there is estab23 lished the Tallgrass Prairie National Preserve.

24 (b) DESCRIPTION.—The Preserve shall consist of the

25 lands and interests in land, including approximately
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1 10,894 acres, generally depicted on the map entitled

2 ‘‘Boundary Map, Flint Hills Prairie National Monument’’

3 numbered NM–TGP 80,000 and dated June 1994, more

4 particularly described in the deed filed at 8:22 a.m. of June

5 3, 1994, with the Office of the Register of Deeds in Chase

6 County, Kansas, and recorded in Book L–106 at pages 328

7 through 339, inclusive. In the case of any difference between

8 the map and the legal description, the legal description shall

9 govern, except that if, as a result of a survey, the Secretary

10 determines that there is a discrepancy with respect to the

11 boundary of the Preserve that may be corrected by making

12 minor changes to the map, the Secretary shall make changes

13 to the map as appropriate, and the boundaries of the Pre14 serve shall be adjusted accordingly. The map shall be on

15 file and available for public inspection in the appropriate

16 offices of the National Park Service of the Department of

17 the Interior.

18 SEC. 3305. ADMINISTRATION OF NATIONAL PRESERVE.

19 (a) IN GENERAL.—The Secretary shall administer the

20 Preserve in accordance with this title, the cooperative agree21 ments described in subsection (f)(1), and the provisions of

22 law generally applicable to units of the National Park Sys23 tem, including the Act entitled ‘‘An Act to establish a Na24 tional Park Service, and for other purposes’’, approved Au-
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1 gust 25, 1916 (16 U.S.C. 1, 2 through 4) and the Act of

2 August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).

3 (b) APPLICATION OF REGULATIONS.—With the consent

4 of a private owner of land within the boundaries of the Pre5 serve, the regulations issued by the Secretary concerning the

6 National Park Service that provide for the proper use, man7 agement, and protection of persons, property, and natural

8 and cultural resources shall apply to the private land.

9 (c) FACILITIES.—For purposes of carrying out the du10 ties of the Secretary under this title relating to the Preserve,

11 the Secretary may, with the consent of a landowner, di12 rectly or by contract, construct, reconstruct, rehabilitate, or

13 develop essential buildings, structures, and related facilities

14 including roads, trails, and other interpretive facilities on

15 real property that is not owned by the Federal Government

16 and is located within the Preserve.

17 (d) LIABILITY OF LANDOWNERS.—Notwithstanding

18 any other provision of law, no person that owns any land

19 or interest in land within the Preserve shall be liable for

20 injury to, or damages suffered by, any other person that

21 is injured or damaged while on the land within the Preserve

22 if—

23 (1) the injury or damages result from any act or

24 omission of the Secretary or any officer, employee, or

25 agent of the Secretary or of a person other than the
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1 owner, a guest of the owner, or a person having busi2 ness with the owner; or

3 (2) the injury or damages are suffered by a visi4 tor to the Preserve, and the injury or damages are not

5 proximately caused by the wanton or willful mis6 conduct of, or a negligent act (as distinguished from

7 a failure to act) of, the person that owns the land.

8 (e) UNIT OF THE NATIONAL PARK SYSTEM.—The Pre9 serve shall be a unit of the National Park System for all

10 purposes, including the purpose of exercising authority to

11 charge entrance and admission fees under section 4 of the

12 Land and Water Conservation Fund Act of 1965 (16 U.S.C.

13 460l–6a).

14 (f) AGREEMENTS AND DONATIONS.—

15 (1) AGREEMENTS.—The Secretary may expend

16 Federal funds for the cooperative management of pri17 vate property within the Preserve for research, re18 source management (including pest control and nox19 ious weed control, fire protection, and the restoration

20 of buildings), and visitor protection and use.

21 (2) DONATIONS.—The Secretary may accept, re22 tain, and expend donations of funds, property (other

23 than real property), or services from individuals,

24 foundations, corporations, or public entities for the

25 purposes of providing programs, services, facilities, or
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1 technical assistance that further the purposes of this

2 title.

3 (g) GENERAL MANAGEMENT PLAN.—

4 (1) IN GENERAL.—Not later than the end of the

5 third full fiscal year beginning after the date of enact6 ment of this Act, the Secretary shall prepare and sub7 mit to the Committee on Energy and Natural Re8 sources of the Senate and the Committee on Resources

9 of the House of Representatives a general manage10 ment plan for the Preserve.

11 (2) CONSULTATION.—In preparing the general

12 management plan, the Secretary, acting through the

13 Director of the National Park Service, shall consult

14 with—

15 (A)(i) appropriate officials of the Trust;

16 and

17 (ii) the Advisory Committee; and

18 (B) adjacent landowners, appropriate offi19 cials of nearby communities, the Kansas Depart20 ment of Wildlife and Parks, and the Kansas His21 torical Society, and other interested parties.

22 (3) CONTENT OF PLAN.—The general manage23 ment plan shall provide for the following:
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1 (A) Maintaining and enhancing the

2 tallgrass prairie within the boundaries of the

3 Preserve.

4 (B) Public access and enjoyment of the

5 property that is consistent with the conservation

6 and proper management of the historical, cul7 tural, and natural resources of the ranch.

8 (C) Interpretive and educational programs

9 covering the natural history of the prairie, the

10 cultural history of Native Americans, and the

11 legacy of ranching in the Flint Hills region.

12 (D) Provisions requiring the application of

13 applicable State law concerning the maintenance

14 of adequate fences within the boundaries of the

15 Preserve. In any case in which an activity of the

16 National Park Service requires fences that exceed

17 the legal fence standard otherwise applicable to

18 the Preserve, the National Park Service shall pay

19 the additional cost of constructing and main20 taining the fences to meet the applicable require21 ments for that activity.

22 (E) Provisions requiring the Secretary to

23 comply with applicable State noxious weed, pes24 ticide, and animal health laws.
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1 (F) Provisions requiring compliance with

2 applicable State water laws and Federal and

3 State waste disposal laws (including regulations)

4 and any other applicable law.

5 (G) Provisions requiring the Secretary to

6 honor each valid existing oil and gas lease for

7 lands within the boundaries of the Preserve (as

8 described in section 3304(b)) that is in effect on

9 the date of enactment of this Act.

10 (H) Provisions requiring the Secretary to

11 offer to enter into an agreement with each indi12 vidual who, as of the date of enactment of this

13 Act, holds rights for cattle grazing within the

14 boundaries of the Preserve (as described in sec15 tion 3304(b)).

16 (4) HUNTING AND FISHING.—The Secretary may

17 allow hunting and fishing on Federal lands within

18 the Preserve.

19 (5) FINANCIAL ANALYSIS.—As part of the devel20 opment of the general management plan, the Sec21 retary shall prepare a financial analysis indicating

22 how the management of the Preserve may be fully

23 supported through fees, private donations, and other

24 forms of non-Federal funding.
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1 SEC. 3306. LIMITED AUTHORITY TO ACQUIRE.

2 (a) IN GENERAL.—The Secretary shall acquire, by do3 nation, not more than 180 acres of real property within

4 the boundaries of the Preserve (as described in section

5 3304(b)) and the improvements on the real property.

6 (b) PAYMENTS IN LIEU OF TAXES.—For the purposes

7 of payments made under chapter 69 of title 31, United

8 States Code, the real property described in subsection (a)(1)

9 shall be deemed to have been acquired for the purposes speci10 fied in section 6904(a) of that title.

11 (c) PROHIBITIONS.—No property may be acquired

12 under this section without the consent of the owner of the

13 property. The United States may not acquire fee ownership

14 of any lands within the Preserve other than lands described

15 in this section.

16 SEC. 3307. ADVISORY COMMITTEE.

17 (a) ESTABLISHMENT.—There is established an advi18 sory committee to be known as the ‘‘Tallgrass Prairie Na19 tional Preserve Advisory Committee’’.

20 (b) DUTIES.—The Advisory Committee shall advise the

21 Secretary and the Director of the National Park Service

22 concerning the development, management, and interpreta23 tion of the Preserve. In carrying out those duties, the Advi24 sory Committee shall provide timely advice to the Secretary

25 and the Director during the preparation of the general

26 management plan under section 3305(g).
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1 (c) MEMBERSHIP.—The Advisory Committee shall

2 consist of 13 members, who shall be appointed by the Sec3 retary as follows:

4 (1) Three members shall be representatives of the

5 Trust.

6 (2) Three members shall be representatives of

7 local landowners, cattle ranchers, or other agricul8 tural interests.

9 (3) Three members shall be representatives of

10 conservation or historic preservation interests.

11 (4)(A) One member shall be selected from a list

12 of persons recommended by the Chase County Com13 mission in the State of Kansas.

14 (B) One member shall be selected from a list of

15 persons recommended by appropriate officials of

16 Strong City, Kansas, and Cottonwood Falls, Kansas.

17 (C) One member shall be selected from a list of

18 persons recommended by the Governor of the State of

19 Kansas.

20 (5) One member shall be a range management

21 specialist representing institutions of higher education

22 (as defined in section 1201(a) of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1141(a))) in the State

24 of Kansas.

25 (d) TERMS.—
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1 (1) IN GENERAL.—Each member of the Advisory

2 Committee shall be appointed to serve for a term of

3 3 years, except that the initial members shall be ap4 pointed as follows:

5 (A) Four members shall be appointed, one

6 each from paragraphs (1), (2), (3), and (4) of

7 subsection (c), to serve for a term of 3 years.

8 (B) Four members shall be appointed, one

9 each from paragraphs (1), (2), (3), and (4) of

10 subsection (c), to serve for a term of 4 years.

11 (C) Five members shall be appointed, one

12 each from paragraphs (1) through (5) of sub13 section (c), to serve for a term of 5 years.

14 (2) REAPPOINTMENT.—Each member may be re15 appointed to serve a subsequent term.

16 (3) EXPIRATION.—Each member shall continue

17 to serve after the expiration of the term of the member

18 until a successor is appointed.

19 (4) VACANCIES.—A vacancy on the Advisory

20 Committee shall be filled in the same manner as an

21 original appointment is made. The member appointed

22 to fill the vacancy shall serve until the expiration of

23 the term in which the vacancy occurred.
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1 (e) CHAIRPERSON.—The members of the Advisory

2 Committee shall select 1 of the members to serve as Chair3 person.

4 (f) MEETINGS.—Meetings of the Advisory Committee

5 shall be held at the call of the Chairperson or the majority

6 of the Advisory Committee. Meetings shall be held at such

7 locations and in such a manner as to ensure adequate op8 portunity for public involvement. In compliance with the

9 requirements of the Federal Advisory Committee Act (5

10 U.S.C. App.), the Advisory Committee shall choose an ap11 propriate means of providing interested members of the

12 public advance notice of scheduled meetings.

13 (g) QUORUM.—A majority of the members of the Advi14 sory Committee shall constitute a quorum.

15 (h) COMPENSATION.—Each member of the Advisory

16 Committee shall serve without compensation, except that

17 while engaged in official business of the Advisory Commit18 tee, the member shall be entitled to travel expenses, includ19 ing per diem in lieu of subsistence in the same manner as

20 persons employed intermittently in Government service

21 under section 5703 of title 5, United States Code.

22 (i) CHARTER.—The rechartering provisions of section

23 14(b) of the Federal Advisory Committee Act (5 U.S.C.

24 App.) shall not apply to the Advisory Committee.
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1 SEC. 3308. RESTRICTION ON AUTHORITY.

2 Nothing in this title shall give the Secretary authority

3 to regulate lands outside the land area acquired by the Sec4 retary under section 3306(a).

5 SEC. 3309. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated to the Depart7 ment of the Interior such sums as are necessary to carry

8 out this title.

9 TITLE XXXIV—MISCELLANEOUS

10 PROVISIONS

11 SEC. 3401. CONVEYANCE OF CERTAIN PROPERTY TO THE

12 BIG HORN COUNTY SCHOOL DISTRICT NUM13 BER 1, WYOMING.

14 The Secretary of the Interior shall convey, by quit

15 claim deed, to the Big Horn County School District Number

16 1, Wyoming, all right, title, and interest of the United

17 States in and to the following described lands in Big Horn

18 County, Wyoming: Lots 19–24 of Block 22, all within the

town of Frannie, Wyoming, in the S1⁄2NW1⁄4NW1 19 ⁄4 and

N1⁄2SW1⁄4NW1 20 ⁄4 of section 31 of T. 58N., R. 97 W., Big

21 Horn County.

22 SEC. 3402. RELINQUISHMENT OF INTEREST.

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

24 right, title, and interest that the United States may have

25 in land that—
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1 (1) was subject to a right-of-way that was grant2 ed to the predecessor of the Chicago and Northwestern

3 Transportation Company under the Act entitled ‘‘An

4 Act granting to railroads the right of way through the

5 public lands of the United States’’, approved March

6 3, 1875 (43 U.S.C. 934 et seq.), which right-of-way

7 the Company has conveyed to the city of Douglas,

8 Wyoming; and

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

10 limits of the city of Douglas, Wyoming, or between the

11 right-of-way of Interstate 25 and the city limits of the

12 city of Douglas, Wyoming,

13 as determined by the Secretary of the Interior in consulta14 tion with the appropriate officials of the city of Douglas,

15 Wyoming.

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

17 date of enactment of this Act, the Secretary of the Interior

18 shall file for recordation in the real property records of Con19 verse County, Wyoming, a deed or other appropriate form

20 of instrument conveying to the city of Douglas, Wyoming,

21 all right, title, and interest in the land described in sub22 section (a).

23 SEC. 3403. LOST CREEK LAND EXCHANGE.

24 The Secretary of Agriculture shall submit a plan to

25 the Committee on Energy and Natural Resources of the
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1 United States Senate and the Committee on Resources of

2 the House of Representatives detailing the terms and condi3 tions for the exchange of certain lands and interests in land

4 owned by the R-Y Timber, Inc., its successors and assigns

5 or affiliates located in the Lost Creek area and other areas

6 of the Deerlodge National Forest, Montana.

7 SEC. 3404. VANCOUVER NATIONAL HISTORIC RESERVE.

8 (a) ESTABLISHMENT.—There is established the Van9 couver National Historic Reserve in the State of Washing10 ton (referred to in this section as the ‘‘Reserve’’), consisting

11 of the area described in the report entitled ‘‘Vancouver Na12 tional Historic Reserve Feasibility Study and Environ13 mental Assessment’’ published by the Vancouver Historical

14 Study Commission and dated April 1993 as authorized by

15 Public Law 101–523 (referred to in this section as the

16 ‘‘Vancouver Historic Reserve Report’’).

17 (b) ADMINISTRATION.—The Reserve shall be adminis18 tered in accordance with—

19 (1) the Vancouver Historic Reserve Report (in20 cluding the specific findings and recommendations

21 contained in the report); and

22 (2) the Memorandum of Agreement between the

23 Secretary of the Interior, acting through the Director

24 of the National Park Service, and the City of Van25 couver, Washington, dated November 14, 1994.
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1 (c) NO LIMITATION ON FAA AUTHORITY.—The estab2 lishment of the Reserve shall not limit—

3 (1) the authority of the Federal Aviation Admin4 istration over air traffic control, or aviation activities

5 at Pearson Airpark; or

6 (2) limit operations and airspace in the vicinity

7 of Portland International Airport.

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

9 authorized to be appropriated such sums as are necessary

10 to carry out this section.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 1296

AMENDMENT
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