II 

Calendar No. 7 

116TH CONGRESS 

1ST SESSION S. 47 

To provide for the management of the natural resources of the United 

States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2019 

Ms. MURKOWSKI (for herself and Ms. CANTWELL) introduced the following 

bill; which was read the first time 

JANUARY 9, 2019 

Read the second time and placed on the calendar 

A BILL 

To provide for the management of the natural resources 

of the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Natural Resources Management Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 47 PCS

Sec. 2. Definition of Secretary. 

TITLE I—PUBLIC LAND AND FORESTS 

Subtitle A—Land Exchanges and Conveyances 

Sec. 1001. Crags land exchange, Colorado. 

Sec. 1002. Arapaho National Forest boundary adjustment. 

Sec. 1003. Santa Ana River Wash Plan land exchange. 

Sec. 1004. Udall Park land exchange. 

Sec. 1005. Confirmation of State land grants. 

Sec. 1006. Custer County Airport conveyance. 

Sec. 1007. Pascua Yaqui Tribe land conveyance. 

Sec. 1008. La Paz County land conveyance. 

Sec. 1009. Lake Bistineau land title stability. 

Sec. 1010. Lake Fannin land conveyance. 

Sec. 1011. Land conveyance and utility right-of-way, Henry’s Lake Wilderness 

Study Area, Idaho. 

Sec. 1012. Conveyance to Ukpeagvik Inupiat Corporation. 

Sec. 1013. Public purpose conveyance to City of Hyde Park, Utah. 

Sec. 1014. Juab County conveyance. 

Sec. 1015. Black Mountain Range and Bullhead City land exchange. 

Sec. 1016. Cottonwood land exchange. 

Sec. 1017. Embry-Riddle Tri-City land exchange. 

Subtitle B—Public Land and National Forest System Management 

Sec. 1101. Bolts Ditch access. 

Sec. 1102. Clarification relating to a certain land description under the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005. 

Sec. 1103. Frank and Jeanne Moore Wild Steelhead Special Management Area. 

Sec. 1104. Maintenance or replacement of facilities and structures at Smith 

Gulch. 

Sec. 1105. Repeal of provision limiting the export of timber harvested from certain Kake Tribal Corporation land. 

Sec. 1106. Designation of Fowler and Boskoff Peaks. 

Sec. 1107. Coronado National Forest land conveyance. 

Sec. 1108. Deschutes Canyon-Steelhead Falls Wilderness Study Area boundary 

adjustment, Oregon. 

Sec. 1109. Maintenance of Federal mineral leases based on extraction of helium. 

Sec. 1110. Small miner waivers to claim maintenance fees. 

Sec. 1111. Saint Francis Dam Disaster National Memorial and National Monument. 

Sec. 1112. Owyhee Wilderness Areas boundary modifications. 

Sec. 1113. Chugach Region land study. 

Sec. 1114. Wildfire technology modernization. 

Sec. 1115. McCoy Flats Trail System. 

Sec. 1116. Technical corrections to certain laws relating to Federal land in the 

State of Nevada. 

Sec. 1117. Ashley Karst National Recreation and Geologic Area. 

Sec. 1118. John Wesley Powell National Conservation Area. 

Sec. 1119. Alaska Native Vietnam era veterans land allotment. 

Sec. 1120. Red River gradient boundary survey. 


kjohnson on DSK79L0C42 with BILLS
3 

•S 47 PCS

Subtitle C—Wilderness Designations and Withdrawals 

PART I—GENERAL PROVISIONS

Sec. 1201. Organ Mountains-Desert Peaks conservation. 

Sec. 1202. Cerro del Yuta and Rı ́o San Antonio Wilderness Areas. 

Sec. 1203. Methow Valley, Washington, Federal land withdrawal. 

Sec. 1204. Emigrant Crevice withdrawal. 

Sec. 1205. Oregon Wildlands. 

PART II—EMERY COUNTY PUBLIC LAND MANAGEMENT

Sec. 1211. Definitions. 

Sec. 1212. Administration. 

Sec. 1213. Effect on water rights. 

Sec. 1214. Savings clause. 

SUBPART A—SAN RAFAEL SWELL WESTERN HERITAGE AND HISTORIC MINING

RECREATION AREA

Sec. 1221. Establishment of Recreation Area. 

Sec. 1222. Management of Recreation Area. 

Sec. 1223. San Rafael Swell Western Heritage and Historic Mining Recreation 

Area Advisory Council. 

SUBPART B—WILDERNESS AREAS

Sec. 1231. Additions to the National Wilderness Preservation System. 

Sec. 1232. Administration. 

Sec. 1233. Fish and wildlife management. 

Sec. 1234. Release. 

SUBPART C—WILD AND SCENIC RIVER DESIGNATION

Sec. 1241. Green River wild and scenic river designation. 

SUBPART D—LAND MANAGEMENT AND CONVEYANCES

Sec. 1251. Goblin Valley State Park. 

Sec. 1252. Jurassic National Monument. 

Sec. 1253. Public land disposal and acquisition. 

Sec. 1254. Public purpose conveyances. 

Sec. 1255. Exchange of BLM and School and Institutional Trust Lands Administration land. 

Subtitle D—Wild and Scenic Rivers 

Sec. 1301. Lower Farmington River and Salmon Brook wild and scenic river. 

Sec. 1302. Wood-Pawcatuck watershed wild and scenic river segments. 

Sec. 1303. Nashua wild and scenic rivers, Massachusetts and New Hampshire. 

Subtitle E—California Desert Protection and Recreation 

Sec. 1401. Definitions. 

PART I—DESIGNATION OF WILDERNESS IN THE CALIFORNIA DESERT

CONSERVATION AREA

Sec. 1411. California desert conservation and recreation. 


kjohnson on DSK79L0C42 with BILLS
4 

•S 47 PCS

PART II—DESIGNATION OF SPECIAL MANAGEMENT AREA

Sec. 1421. Vinagre Wash Special Management Area. 

PART III—NATIONAL PARK SYSTEM ADDITIONS

Sec. 1431. Death Valley National Park boundary revision. 

Sec. 1432. Mojave National Preserve. 

Sec. 1433. Joshua Tree National Park. 

PART IV—OFF-HIGHWAY VEHICLE RECREATION AREAS

Sec. 1441. Off-highway vehicle recreation areas. 

PART V—MISCELLANEOUS

Sec. 1451. Transfer of land to Anza-Borrego Desert State Park. 

Sec. 1452. Wildlife corridors. 

Sec. 1453. Prohibited uses of acquired, donated, and conservation land. 

Sec. 1454. Tribal uses and interests. 

Sec. 1455. Release of Federal reversionary land interests. 

Sec. 1456. California State school land. 

Sec. 1457. Designation of wild and scenic rivers. 

Sec. 1458. Conforming amendments. 

Sec. 1459. Juniper Flats. 

Sec. 1460. Conforming amendments to California Military Lands Withdrawal 

and Overflights Act of 1994. 

Sec. 1461. Desert tortoise conservation center. 

TITLE II—NATIONAL PARKS 

Subtitle A—Special Resource Studies 

Sec. 2001. Special resource study of James K. Polk presidential home. 

Sec. 2002. Special resource study of Thurgood Marshall school. 

Sec. 2003. Special resource study of President Street Station. 

Sec. 2004. Amache special resource study. 

Sec. 2005. Special resource study of George W. Bush Childhood Home. 

Subtitle B—National Park System Boundary Adjustments and Related 

Matters 

Sec. 2101. Shiloh National Military Park boundary adjustment. 

Sec. 2102. Ocmulgee Mounds National Historical Park boundary. 

Sec. 2103. Kennesaw Mountain National Battlefield Park boundary. 

Sec. 2104. Fort Frederica National Monument, Georgia. 

Sec. 2105. Fort Scott National Historic Site boundary. 

Sec. 2106. Florissant Fossil Beds National Monument boundary. 

Sec. 2107. Voyageurs National Park boundary adjustment. 

Sec. 2108. Acadia National Park boundary. 

Sec. 2109. Authority of Secretary of the Interior to accept certain properties, 

Missouri. 

Sec. 2110. Home of Franklin D. Roosevelt National Historic Site. 

Subtitle C—National Park System Redesignations 

Sec. 2201. Designation of Saint-Gaudens National Historical Park. 

Sec. 2202. Redesignation of Robert Emmet Park. 


kjohnson on DSK79L0C42 with BILLS
5 

•S 47 PCS

Sec. 2203. Fort Sumter and Fort Moultrie National Historical Park. 

Sec. 2204. Reconstruction Era National Historical Park and Reconstruction 

Era National Historic Network. 

Sec. 2205. Golden Spike National Historical Park. 

Sec. 2206. World War II Pacific sites. 

Subtitle D—New Units of the National Park System 

Sec. 2301. Medgar and Myrlie Evers Home National Monument. 

Sec. 2302. Mill Springs Battlefield National Monument. 

Sec. 2303. Camp Nelson Heritage National Monument. 

Subtitle E—National Park System Management 

Sec. 2401. Denali National Park and Preserve natural gas pipeline. 

Sec. 2402. Historically Black Colleges and Universities Historic Preservation 

program reauthorized. 

Sec. 2403. Authorizing cooperative management agreements between the District of Columbia and the Secretary of the Interior. 

Sec. 2404. Fees for Medical Services. 

Sec. 2405. Authority to grant easements and rights-of-way over Federal lands 

within Gateway National Recreation Area. 

Sec. 2406. Adams Memorial Commission. 

Sec. 2407. Technical corrections to references to the African American Civil 

Rights Network. 

Sec. 2408. Transfer of the James J. Howard Marine Sciences Laboratory. 

Sec. 2409. Bows in parks. 

Sec. 2410. Wildlife management in parks. 

Subtitle F—National Trails and Related Matters 

Sec. 2501. North Country Scenic Trail Route adjustment. 

Sec. 2502. Extension of Lewis and Clark National Historic Trail. 

Sec. 2503. American Discovery Trail signage. 

Sec. 2504. Pike National Historic Trail study. 

TITLE III—CONSERVATION REAUTHORIZATION 

Sec. 3001. Reauthorization of Land and Water Conservation Fund. 

TITLE IV—SPORTSMEN’S ACCESS AND RELATED MATTERS 

Subtitle A—National Policy 

Sec. 4001. Congressional declaration of national policy. 

Subtitle B—Sportsmen’s Access to Federal Land 

Sec. 4101. Definitions. 

Sec. 4102. Federal land open to hunting, fishing, and recreational shooting. 

Sec. 4103. Closure of Federal land to hunting, fishing, and recreational shooting. 

Sec. 4104. Shooting ranges. 

Sec. 4105. Identifying opportunities for recreation, hunting, and fishing on 

Federal land. 

Subtitle C—Open Book on Equal Access to Justice 

Sec. 4201. Federal action transparency. 


kjohnson on DSK79L0C42 with BILLS
6 

•S 47 PCS

Subtitle D—Pittman-Robertson Wildlife Restoration Act 

Sec. 4301. Target practice and markmanship training. 

Subtitle E—Migratory Bird Framework and Hunting Opportunities for 

Veterans 

Sec. 4401. Federal closing date for hunting of ducks, mergansers, and coots. 

Subtitle F—Miscellaneous 

Sec. 4501. Respect for treaties and rights. 

Sec. 4502. No priority. 

Sec. 4503. State authority for fish and wildlife. 

TITLE V—HAZARDS AND MAPPING 

Sec. 5001. National Volcano Early Warning and Monitoring System. 

Sec. 5002. Reauthorization of National Geologic Mapping Act of 1992. 

TITLE VI—NATIONAL HERITAGE AREAS 

Sec. 6001. National Heritage Area designations. 

Sec. 6002. Adjustment of boundaries of Lincoln National Heritage Area. 

Sec. 6003. Finger Lakes National Heritage Area study. 

TITLE VII—WILDLIFE HABITAT AND CONSERVATION 

Sec. 7001. WILD Act. 

Sec. 7002. Reauthorization of Neotropical Migratory Bird Conservation Act. 

Sec. 7003. John H. Chafee Coastal Barrier Resources System. 

TITLE VIII—WATER AND POWER 

Subtitle A—Reclamation Title Transfer 

Sec. 8001. Purpose. 

Sec. 8002. Definitions. 

Sec. 8003. Authorization of transfers of title to eligible facilities. 

Sec. 8004. Eligibility criteria. 

Sec. 8005. Liability. 

Sec. 8006. Benefits. 

Sec. 8007. Compliance with other laws. 

Subtitle B—Endangered Fish Recovery Programs 

Sec. 8101. Extension of authorization for annual base funding of fish recovery 

programs; removal of certain reporting requirement. 

Sec. 8102. Report on recovery implementation programs. 

Subtitle C—Yakima River Basin Water Enhancement Project 

Sec. 8201. Authorization of phase III. 

Sec. 8202. Modification of purposes and definitions. 

Sec. 8203. Yakima River Basin Water Conservation Program. 

Sec. 8204. Yakima Basin water projects, operations, and authorizations. 

Subtitle D—Bureau of Reclamation Facility Conveyances 


kjohnson on DSK79L0C42 with BILLS
7 

•S 47 PCS

Sec. 8301. Conveyance of Maintenance Complex and District Office of the Arbuckle Project, Oklahoma. 

Sec. 8302. Contra Costa Canal transfer. 

TITLE IX—MISCELLANEOUS 

Sec. 9001. Every Kid Outdoors Act. 

Sec. 9002. Good Samaritan Search and Recovery Act. 

Sec. 9003. 21st Century Conservation Service Corps Act. 

Sec. 9004. National Nordic Museum Act. 

Sec. 9005. Designation of National George C. Marshall Museum and Library. 

Sec. 9006. 21st Century Respect Act. 

Sec. 9007. American World War II Heritage Cities. 

Sec. 9008. Quindaro Townsite National Commemorative Site. 

Sec. 9009. Designation of National Comedy Center in Jamestown, New York. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Interior. 

4 TITLE I—PUBLIC LAND AND 

5 FORESTS 

6 Subtitle A—Land Exchanges and 

7 Conveyances 

8 SEC. 1001. CRAGS LAND EXCHANGE, COLORADO. 

9 (a) PURPOSES.—The purposes of this section are— 

10 (1) to authorize, direct, expedite and facilitate 

11 the land exchange set forth herein; and 

12 (2) to promote enhanced public outdoor rec13 reational and natural resource conservation opportu14 nities in the Pike National Forest near Pikes Peak, 

15 Colorado, via acquisition of the non-Federal land 

16 and trail easement. 

17 (b) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42 with BILLS
8 

•S 47 PCS

1 (1) BHI.—The term ‘‘BHI’’ means Broadmoor 

2 Hotel, Inc., a Colorado corporation. 

3 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

4 means all right, title, and interest of the United 

5 States in and to approximately 83 acres of land 

6 within the Pike National Forest, El Paso County, 

7 Colorado, together with a nonexclusive perpetual ac8 cess easement to BHI to and from such land on 

9 Forest Service Road 371, as generally depicted on 

10 the map entitled ‘‘Proposed Crags Land Exchange– 

11 Federal Parcel–Emerald Valley Ranch’’ and dated 

12 March 2015. 

13 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed14 eral land’’ means the land and trail easement to be 

15 conveyed to the Secretary by BHI in the exchange 

16 and is— 

17 (A) approximately 320 acres of land within 

18 the Pike National Forest, Teller County, Colo19 rado, as generally depicted on the map entitled 

20 ‘‘Proposed Crags Land Exchange–Non-Federal 

21 Parcel–Crags Property’’ and dated March 2015; 

22 and 

23 (B) a permanent trail easement for the 

24 Barr Trail in El Paso County, Colorado, as 

25 generally depicted on the map entitled ‘‘ProVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
9 

•S 47 PCS

1 posed Crags Land Exchange–Barr Trail Ease2 ment to United States’’ and dated March 2015, 

3 and which shall be considered as a voluntary 

4 donation to the United States by BHI for all 

5 purposes of law. 

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

7 the Secretary of Agriculture, unless otherwise speci8 fied. 

9 (c) LAND EXCHANGE.— 

10 (1) IN GENERAL.—If BHI offers to convey to 

11 the Secretary all right, title, and interest of BHI in 

12 and to the non-Federal land, the Secretary shall ac13 cept the offer and simultaneously convey to BHI the 

14 Federal land. 

15 (2) LAND TITLE.—Title to the non-Federal 

16 land conveyed and donated to the Secretary under 

17 this section shall be acceptable to the Secretary and 

18 shall conform to the title approval standards of the 

19 Attorney General of the United States applicable to 

20 land acquisitions by the Federal Government. 

21 (3) PERPETUAL ACCESS EASEMENT TO BHI.— 

22 The nonexclusive perpetual access easement to be 

23 granted to BHI as shown on the map referred to in 

24 subsection (b)(2) shall allow— 


kjohnson on DSK79L0C42 with BILLS
10 

•S 47 PCS

1 (A) BHI to fully maintain, at BHI’s ex2 pense, and use Forest Service Road 371 from 

3 its junction with Forest Service Road 368 in 

4 accordance with historic use and maintenance 

5 patterns by BHI; and 

6 (B) full and continued public and adminis7 trative access and use of Forest Service Road 

8 371 in accordance with the existing Forest 

9 Service travel management plan, or as such 

10 plan may be revised by the Secretary. 

11 (4) ROUTE AND CONDITION OF ROAD.—BHI 

12 and the Secretary may mutually agree to improve, 

13 relocate, reconstruct, or otherwise alter the route 

14 and condition of all or portions of such road as the 

15 Secretary, in close consultation with BHI, may de16 termine advisable. 

17 (5) EXCHANGE COSTS.—BHI shall pay for all 

18 land survey, appraisal, and other costs to the Sec19 retary as may be necessary to process and consum20 mate the exchange directed by this section, including 

21 reimbursement to the Secretary, if the Secretary so 

22 requests, for staff time spent in such processing and 

23 consummation. 

24 (d) EQUAL VALUE EXCHANGE AND APPRAISALS.— 


kjohnson on DSK79L0C42 with BILLS
11 

•S 47 PCS

1 (1) APPRAISALS.—The values of the lands to be 

2 exchanged under this section shall be determined by 

3 the Secretary through appraisals performed— 

4 (A) in accordance with— 

5 (i) the Uniform Appraisal Standards 

6 for Federal Land Acquisitions; 

7 (ii) the Uniform Standards of Profes8 sional Appraisal Practice; and 

9 (iii) appraisal instructions issued by 

10 the Secretary; and 

11 (B) by an appraiser mutually agreed to by 

12 the Secretary and BHI. 

13 (2) EQUAL VALUE EXCHANGE.—The values of 

14 the Federal land and non-Federal land parcels ex15 changed shall be equal, or if they are not equal, shall 

16 be equalized as follows: 

17 (A) SURPLUS OF FEDERAL LAND

18 VALUE.—If the final appraised value of the 

19 Federal land exceeds the final appraised value 

20 of the non-Federal land parcel identified in sub21 section (b)(3)(A), BHI shall make a cash 

22 equalization payment to the United States as 

23 necessary to achieve equal value, including, if 

24 necessary, an amount in excess of that author25 ized pursuant to section 206(b) of the Federal 


kjohnson on DSK79L0C42 with BILLS
12 

•S 47 PCS

1 Land Policy and Management Act of l976 (43 

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

3 (B) USE OF FUNDS.—Any cash equali4 zation moneys received by the Secretary under 

5 subparagraph (A) shall be— 

6 (i) deposited in the fund established 

7 under Public Law 90–171 (commonly 

8 known as the ‘‘Sisk Act’’; 16 U.S.C. 484a); 

9 and 

10 (ii) made available to the Secretary 

11 for the acquisition of land or interests in 

12 land in Region 2 of the Forest Service. 

13 (C) SURPLUS OF NON-FEDERAL LAND

14 VALUE.—If the final appraised value of the 

15 non-Federal land parcel identified in subsection 

16 (b)(3)(A) exceeds the final appraised value of 

17 the Federal land, the United States shall not 

18 make a cash equalization payment to BHI, and 

19 surplus value of the non-Federal land shall be 

20 considered a donation by BHI to the United 

21 States for all purposes of law. 

22 (3) APPRAISAL EXCLUSIONS.— 

23 (A) SPECIAL USE PERMIT.—The appraised 

24 value of the Federal land parcel shall not reflect 

25 any increase or diminution in value due to the 


kjohnson on DSK79L0C42 with BILLS
13 

•S 47 PCS

1 special use permit existing on the date of enact2 ment of this Act to BHI on the parcel and im3 provements thereunder. 

4 (B) BARR TRAIL EASEMENT.—The Barr 

5 Trail easement donation identified in subsection 

6 (b)(3)(B) shall not be appraised for purposes of 

7 this section. 

8 (e) MISCELLANEOUS PROVISIONS.— 

9 (1) WITHDRAWAL PROVISIONS.— 

10 (A) WITHDRAWAL.—Lands acquired by 

11 the Secretary under this section shall, without 

12 further action by the Secretary, be permanently 

13 withdrawn from all forms of appropriation and 

14 disposal under the public land laws (including 

15 the mining and mineral leasing laws) and the 

16 Geothermal Steam Act of 1930 (30 U.S.C. 

17 1001 et seq.). 

18 (B) WITHDRAWAL REVOCATION.—Any 

19 public land order that withdraws the Federal 

20 land from appropriation or disposal under a 

21 public land law shall be revoked to the extent 

22 necessary to permit disposal of the Federal land 

23 parcel to BHI. 

24 (C) WITHDRAWAL OF FEDERAL LAND.— 

25 All Federal land authorized to be exchanged 


kjohnson on DSK79L0C42 with BILLS
14 

•S 47 PCS

1 under this section, if not already withdrawn or 

2 segregated from appropriation or disposal under 

3 the public lands laws upon enactment of this 

4 Act, is hereby so withdrawn, subject to valid ex5 isting rights, until the date of conveyance of the 

6 Federal land to BHI. 

7 (2) POSTEXCHANGE LAND MANAGEMENT.— 

8 Land acquired by the Secretary under this section 

9 shall become part of the Pike-San Isabel National 

10 Forest and be managed in accordance with the laws, 

11 rules, and regulations applicable to the National 

12 Forest System. 

13 (3) EXCHANGE TIMETABLE.—It is the intent of 

14 Congress that the land exchange directed by this 

15 section be consummated no later than 1 year after 

16 the date of enactment of this Act. 

17 (4) MAPS, ESTIMATES, AND DESCRIPTIONS.— 

18 (A) MINOR ERRORS.—The Secretary and 

19 BHI may by mutual agreement make minor 

20 boundary adjustments to the Federal and non21 Federal lands involved in the exchange, and 

22 may correct any minor errors in any map, acre23 age estimate, or description of any land to be 

24 exchanged. 


kjohnson on DSK79L0C42 with BILLS
15 

•S 47 PCS

1 (B) CONFLICT.—If there is a conflict be2 tween a map, an acreage estimate, or a descrip3 tion of land under this section, the map shall 

4 control unless the Secretary and BHI mutually 

5 agree otherwise. 

6 (C) AVAILABILITY.—Upon enactment of 

7 this Act, the Secretary shall file and make 

8 available for public inspection in the head9 quarters of the Pike-San Isabel National Forest 

10 a copy of all maps referred to in this section. 

11 SEC. 1002. ARAPAHO NATIONAL FOREST BOUNDARY AD12 JUSTMENT. 

13 (a) IN GENERAL.—The boundary of the Arapaho Na14 tional Forest in the State of Colorado is adjusted to incor15 porate the approximately 92.95 acres of land generally de16 picted as ‘‘The Wedge’’ on the map entitled ‘‘Arapaho Na17 tional Forest Boundary Adjustment’’ and dated November 

18 6, 2013, and described as lots three, four, eight, and nine 

19 of section 13, Township 4 North, Range 76 West, Sixth 

20 Principal Meridian, Colorado. A lot described in this sub21 section may be included in the boundary adjustment only 

22 after the Secretary of Agriculture obtains written permis23 sion for such action from the lot owner or owners. 

24 (b) BOWEN GULCH PROTECTION AREA.—The Sec25 retary of Agriculture shall include all Federal land within 


kjohnson on DSK79L0C42 with BILLS
16 

•S 47 PCS

1 the boundary described in subsection (a) in the Bowen 

2 Gulch Protection Area established under section 6 of the 

3 Colorado Wilderness Act of 1993 (16 U.S.C. 539j). 

4 (c) LAND AND WATER CONSERVATION FUND.—For 

5 purposes of section 200306(a)(2)(B)(i) of title 54, United 

6 States Code, the boundaries of the Arapaho National For7 est, as modified under subsection (a), shall be considered 

8 to be the boundaries of the Arapaho National Forest as 

9 in existence on January 1, 1965. 

10 (d) PUBLIC MOTORIZED USE.—Nothing in this sec11 tion opens privately owned lands within the boundary de12 scribed in subsection (a) to public motorized use. 

13 (e) ACCESS TO NON-FEDERAL LANDS.—Notwith14 standing the provisions of section 6(f) of the Colorado Wil15 derness Act of 1993 (16 U.S.C. 539j(f)) regarding motor16 ized travel, the owners of any non-Federal lands within 

17 the boundary described in subsection (a) who historically 

18 have accessed their lands through lands now or hereafter 

19 owned by the United States within the boundary described 

20 in subsection (a) shall have the continued right of motor21 ized access to their lands across the existing roadway. 

22 SEC. 1003. SANTA ANA RIVER WASH PLAN LAND EXCHANGE. 

23 (a) DEFINITIONS.—In this section: 

24 (1) CONSERVATION DISTRICT.—The term ‘‘Con25 servation District’’ means the San Bernardino Valley 


kjohnson on DSK79L0C42 with BILLS
17 

•S 47 PCS

1 Water Conservation District, a political subdivision 

2 of the State of California. 

3 (2) FEDERAL EXCHANGE PARCEL.—The term 

4 ‘‘Federal exchange parcel’’ means the approximately 

5 90 acres of Federal land administered by the Bu6 reau of Land Management generally depicted as 

7 ‘‘BLM Equalization Land to SBVWCD’’ on the Map 

8 and is to be conveyed to the Conservation District 

9 if necessary to equalize the fair market values of the 

10 lands otherwise to be exchanged. 

11 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 

12 means the approximately 327 acres of Federal land 

13 administered by the Bureau of Land Management 

14 generally depicted as ‘‘BLM Land to SBVWCD’’ on 

15 the Map. 

16 (4) MAP.—The term ‘‘Map’’ means the map en17 titled ‘‘Santa Ana River Wash Land Exchange’’ and 

18 dated September 3, 2015. 

19 (5) NON-FEDERAL EXCHANGE PARCEL.—The 

20 term ‘‘non-Federal exchange parcel’’ means the ap21 proximately 59 acres of land owned by the Conserva22 tion District generally depicted as ‘‘SBVWCD 

23 Equalization Land’’ on the Map and is to be con24 veyed to the United States if necessary to equalize 


kjohnson on DSK79L0C42 with BILLS
18 

•S 47 PCS

1 the fair market values of the lands otherwise to be 

2 exchanged. 

3 (6) NON-FEDERAL LAND.—The term ‘‘non-Fed4 eral Land’’ means the approximately 310 acres of 

5 land owned by the Conservation District generally 

6 depicted as ‘‘SBVWCD to BLM’’ on the Map. 

7 (b) EXCHANGE OF LAND; EQUALIZATION OF

8 VALUE.— 

9 (1) EXCHANGE AUTHORIZED.—Notwithstanding 

10 the land use planning requirements of sections 202, 

11 210, and 211 of the Federal Land Policy and Man12 agement Act of 1976 (43 U.S.C. 1712, 1720, 21), 

13 subject to valid existing rights, and conditioned upon 

14 any equalization payment necessary under section 

15 206(b) of the Federal Land Policy and Management 

16 Act of 1976 (43 U.S.C. 1716(b)), and paragraph 

17 (2), as soon as practicable, but not later than 2 

18 years after the date of enactment of this Act, if the 

19 Conservation District offers to convey the exchange 

20 land to the United States, the Secretary shall— 

21 (A) convey to the Conservation District all 

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

23 and to the Federal land, and any such portion 

24 of the Federal exchange parcel as may be reVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
19 

•S 47 PCS

1 quired to equalize the values of the lands ex2 changed; and 

3 (B) accept from the Conservation District 

4 a conveyance of all right, title, and interest of 

5 the Conservation District in and to the non6 Federal land, and any such portion of the non7 Federal exchange parcel as may be required to 

8 equalize the values of the lands exchanged. 

9 (2) EQUALIZATION PAYMENT.—To the extent 

10 an equalization payment is necessary under section 

11 206(b) of the Federal Land Policy and Management 

12 Act of 1976 (43 U.S.C. 1716(b)), the amount of 

13 such equalization payment shall first be made by 

14 way of in-kind transfer of such portion of the Fed15 eral exchange parcel to the Conservation District, or 

16 transfer of such portion of the non-Federal exchange 

17 parcel to the United States, as the case may be, as 

18 may be necessary to equalize the fair market values 

19 of the exchanged properties. The fair market value 

20 of the Federal exchange parcel or non-Federal ex21 change parcel, as the case may be, shall be credited 

22 against any required equalization payment. To the 

23 extent such credit is not sufficient to offset the en24 tire amount of equalization payment so indicated, 


kjohnson on DSK79L0C42 with BILLS
20 

•S 47 PCS

1 any remaining amount of equalization payment shall 

2 be treated as follows: 

3 (A) If the equalization payment is to 

4 equalize values by which the Federal land ex5 ceeds the non-Federal land and the credited 

6 value of the non-Federal exchange parcel, Con7 servation District may make the equalization 

8 payment to the United States, notwithstanding 

9 any limitation regarding the amount of the 

10 equalization payment under section 206(b) of 

11 the Federal Land Policy and Management Act 

12 of 1976 (43 U.S.C. 1716(b)). In the event Con13 servation District opts not to make the indi14 cated equalization payment, the exchange shall 

15 not proceed. 

16 (B) If the equalization payment is to 

17 equalize values by which the non-Federal land 

18 exceeds the Federal land and the credited value 

19 of the Federal exchange parcel, the Secretary 

20 shall order the exchange without requirement of 

21 any additional equalization payment by the 

22 United States to the Conservation District. 

23 (3) APPRAISALS.— 

24 (A) The value of the land to be exchanged 

25 under this section shall be determined by apVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
21 

•S 47 PCS

1 praisals conducted by one or more independent 

2 and qualified appraisers. 

3 (B) The appraisals shall be conducted in 

4 accordance with nationally recognized appraisal 

5 standards, including, as appropriate, the Uni6 form Appraisal Standards for Federal Land Ac7 quisitions and the Uniform Standards of Pro8 fessional Appraisal Practice. 

9 (4) TITLE APPROVAL.—Title to the land to be 

10 exchanged under this section shall be in a format ac11 ceptable to the Secretary and the Conservation Dis12 trict. 

13 (5) MAP AND LEGAL DESCRIPTIONS.—As soon 

14 as practicable after the date of enactment of this 

15 Act, the Secretary shall finalize a map and legal de16 scriptions of all land to be conveyed under this sec17 tion. The Secretary may correct any minor errors in 

18 the map or in the legal descriptions. The map and 

19 legal descriptions shall be on file and available for 

20 public inspection in appropriate offices of the Bu21 reau of Land Management. 

22 (6) COSTS OF CONVEYANCE.—As a condition of 

23 conveyance, any costs related to the conveyance 

24 under this section shall be paid by the Conservation 

25 District. 


kjohnson on DSK79L0C42 with BILLS
22 

•S 47 PCS

1 (c) APPLICABLE LAW.— 

2 (1) ACT OF FEBRUARY 20, 1909.— 

3 (A) The Act of February 20, 1909 (35 

4 Stat. 641), shall not apply to the Federal land 

5 and any public exchange land transferred under 

6 this section. 

7 (B) The exchange of lands under this sec8 tion shall be subject to continuing rights of the 

9 Conservation District under the Act of Feb10 ruary 20, 1909 (35 Stat. 641), on the non-Fed11 eral land and any exchanged portion of the non12 Federal exchange parcel for the continued use, 

13 maintenance, operation, construction, or reloca14 tion of, or expansion of, groundwater recharge 

15 facilities on the non-Federal land, to accommo16 date groundwater recharge of the Bunker Hill 

17 Basin to the extent that such activities are not 

18 in conflict with any Habitat Conservation Plan 

19 or Habitat Management Plan under which such 

20 non-Federal land or non-Federal exchange par21 cel may be held or managed. 

22 (2) FLPMA.—Except as otherwise provided in 

23 this section, the Federal Land Policy and Manage24 ment Act of 1976 (43 U.S.C. 1701 et seq.), shall 

25 apply to the exchange of land under this section. 


kjohnson on DSK79L0C42 with BILLS
23 

•S 47 PCS

1 (d) CANCELLATION OF SECRETARIAL ORDER 241.— 

2 Secretarial Order 241, dated November 11, 1929 (with3 drawing a portion of the Federal land for an 

4 unconstructed transmission line), is terminated and the 

5 withdrawal thereby effected is revoked. 

6 SEC. 1004. UDALL PARK LAND EXCHANGE. 

7 (a) DEFINITIONS.—In this section: 

8 (1) CITY.—The term ‘‘City’’ means the city of 

9 Tucson, Arizona. 

10 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed11 eral land’’ means the approximately 172.8-acre par12 cel of City land identified in the patent numbered 

13 02–90–0001 and dated October 4, 1989, and more 

particularly described as lots 3 and 4, S1⁄2NW1 14 ⁄4, 

15 sec. 5, T.14 S., R.15 E., Gila and Salt River Merid16 ian, Arizona. 

17 (b) CONVEYANCE OF FEDERAL REVERSIONARY IN18 TEREST IN LAND LOCATED IN TUCSON, ARIZONA.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 provision of law, the Secretary shall convey to the 

21 City, without consideration, the reversionary inter22 ests of the United States in and to the non-Federal 

23 land for the purpose of unencumbering the title to 

24 the non-Federal land to enable economic develop25 ment of the non-Federal land. 


kjohnson on DSK79L0C42 with BILLS
24 

•S 47 PCS

1 (2) LEGAL DESCRIPTIONS.—As soon as prac2 ticable after the date of enactment of this Act, the 

3 exact legal descriptions of the non-Federal land shall 

4 be determined in a manner satisfactory to the Sec5 retary. 

6 (3) ADDITIONAL TERMS AND CONDITIONS.— 

7 The Secretary may require such additional terms 

8 and conditions to the conveyance under paragraph 

9 (1), consistent with that paragraph, as the Secretary 

10 considers appropriate to protect the interests of the 

11 United States. 

12 (4) COSTS.—The City shall pay all costs associ13 ated with the conveyance under paragraph (1), con14 sistent with that paragraph, including the costs of 

15 any surveys, recording costs, and other reasonable 

16 costs. 

17 SEC. 1005. CONFIRMATION OF STATE LAND GRANTS. 

18 (a) IN GENERAL.—Subject to valid existing rights, 

19 the State of Utah may select any lands in T. 6 S. and 

20 T. 7 S., R. 1 W., Salt Lake Base and Meridian, that are 

21 owned by the United States, under the administrative ju22 risdiction of the Bureau of Land Management, and identi23 fied as available for disposal by land exchange in the 

24 Record of Decision for the Pony Express Resource Man25 agement Plan and Rangeland Program Summary for Utah 


kjohnson on DSK79L0C42 with BILLS
25 

•S 47 PCS

1 County (January 1990), as amended by the Pony Express 

2 Plan Amendment (November 1997), in fulfillment of the 

3 land grants made in sections 6, 8, and 12 of the Act of 

4 July 16, 1894 (28 Stat. 107) as generally depicted on the 

5 map entitled ‘‘Proposed Utah County Quantity Grants’’ 

6 and dated June 27, 2017, to further the purposes of the 

7 State of Utah School and Institutional Trust Lands Ad8 ministration, without further land use planning action by 

9 the Bureau of Land Management. 

10 (b) APPLICATION.—The criteria listed in Decision 3 

11 of the Lands Program of the resource management plan 

12 described in subsection (a) shall not apply to any land se13 lected under that subsection. 

14 (c) EFFECT ON LIMITATION.—Nothing in this sec15 tion affects the limitation established under section 

16 2815(d) of the National Defense Authorization Act for 

17 Fiscal Year 2000 (Public Law 106–65). 

18 SEC. 1006. CUSTER COUNTY AIRPORT CONVEYANCE. 

19 (a) DEFINITIONS.—In this section: 

20 (1) COUNTY.—The term ‘‘County’’ means Cus21 ter County, South Dakota. 

22 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

23 means all right, title, and interest of the United 

24 States in and to approximately 65.7 acres of NaVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
26 

•S 47 PCS

1 tional Forest System land, as generally depicted on 

2 the map. 

3 (3) MAP.—The term ‘‘map’’ means the map en4 titled ‘‘Custer County Airport Conveyance’’ and 

5 dated October 19, 2017. 

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

7 the Secretary of Agriculture, acting through the 

8 Chief of the Forest Service. 

9 (b) LAND CONVEYANCE.— 

10 (1) IN GENERAL.—Subject to the terms and 

11 conditions described in paragraph (2), if the County 

12 submits to the Secretary an offer to acquire the 

13 Federal land for the market value, as determined by 

14 the appraisal under paragraph (3), the Secretary 

15 shall convey the Federal land to the County. 

16 (2) TERMS AND CONDITIONS.—The conveyance 

17 under paragraph (1) shall be— 

18 (A) subject to valid existing rights; 

19 (B) made by quitclaim deed; and 

20 (C) subject to any other terms and condi21 tions as the Secretary considers appropriate to 

22 protect the interests of the United States. 

23 (3) APPRAISAL.— 

24 (A) IN GENERAL.—Not later than 60 days 

25 after the date of enactment of this Act, the SecVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
27 

•S 47 PCS

1 retary shall complete an appraisal to determine 

2 the market value of the Federal land. 

3 (B) STANDARDS.—The appraisal under 

4 subparagraph (A) shall be conducted in accord5 ance with— 

6 (i) the Uniform Appraisal Standards 

7 for Federal Land Acquisitions; and 

8 (ii) the Uniform Standards of Profes9 sional Appraisal Practice. 

10 (4) MAP.— 

11 (A) AVAILABILITY OF MAP.—The map 

12 shall be kept on file and available for public in13 spection in the appropriate office of the Forest 

14 Service. 

15 (B) CORRECTION OF ERRORS.—The Sec16 retary may correct any errors in the map. 

17 (5) CONSIDERATION.—As consideration for the 

18 conveyance under paragraph (1), the County shall 

19 pay to the Secretary an amount equal to the market 

20 value of the Federal land, as determined by the ap21 praisal under paragraph (3). 

22 (6) SURVEY.—The exact acreage and legal de23 scription of the Federal land to be conveyed under 

24 paragraph (1) shall be determined by a survey satis25 factory to the Secretary. 


kjohnson on DSK79L0C42 with BILLS
28 

•S 47 PCS

1 (7) COSTS OF CONVEYANCE.—As a condition on 

2 the conveyance under paragraph (1), the County 

3 shall pay to the Secretary all costs associated with 

4 the conveyance, including the cost of— 

5 (A) the appraisal under paragraph (3); and 

6 (B) the survey under paragraph (6). 

7 (8) PROCEEDS FROM THE SALE OF LAND.— 

8 Any proceeds received by the Secretary from the 

9 conveyance under paragraph (1) shall be— 

10 (A) deposited in the fund established under 

11 Public Law 90–171 (commonly known as the 

12 ‘‘Sisk Act’’) (16 U.S.C. 484a); and 

13 (B) available to the Secretary until ex14 pended, without further appropriation, for the 

15 acquisition of inholdings in units of the Na16 tional Forest System in the State of South Da17 kota. 

18 SEC. 1007. PASCUA YAQUI TRIBE LAND CONVEYANCE. 

19 (a) DEFINITIONS.—In this section: 

20 (1) DISTRICT.—The term ‘‘District’’ means the 

21 Tucson Unified School District No. 1, a school dis22 trict recognized as such under the laws of the State 

23 of Arizona. 

24 (2) MAP.—The term ‘‘Map’’ means the map en25 titled ‘‘ ‘Pascua Yaqui Tribe Land Conveyance Act’’, 


kjohnson on DSK79L0C42 with BILLS
29 

•S 47 PCS

1 dated March 14, 2016, and on file and available for 

2 public inspection in the local office of the Bureau of 

3 Land Management. 

4 (3) RECREATION AND PUBLIC PURPOSES

5 ACT.—The term ‘‘Recreation and Public Purposes 

6 Act’’ means the Act of June 14, 1926 (43 U.S.C. 

7 869 et seq.). 

8 (4) TRIBE.—The term ‘‘Tribe’’ means the 

9 Pascua Yaqui Tribe of Arizona, a federally recog10 nized Indian Tribe. 

11 (b) LAND TO BE HELD IN TRUST.— 

12 (1) PARCEL A.—Subject to paragraph (2) and 

13 to valid existing rights, all right, title, and interest 

14 of the United States in and to the approximately 

15 39.65 acres of Federal lands generally depicted on 

16 the map as ‘‘Parcel A’’ are declared to be held in 

17 trust by the United States for the benefit of the 

18 Tribe. 

19 (2) EFFECTIVE DATE.—Paragraph (1) shall 

20 take effect on the day after the date on which the 

21 District relinquishes all right, title, and interest of 

22 the District in and to the approximately 39.65 acres 

23 of land described in paragraph (1). 

24 (c) LANDS TO BE CONVEYED TO THE DISTRICT.— 

25 (1) PARCEL B.— 


kjohnson on DSK79L0C42 with BILLS
30 

•S 47 PCS

1 (A) IN GENERAL.—Subject to valid exist2 ing rights and payment to the United States of 

3 the fair market value, the United States shall 

4 convey to the District all right, title, and inter5 est of the United States in and to the approxi6 mately 13.24 acres of Federal lands generally 

7 depicted on the map as ‘‘Parcel B’’. 

8 (B) DETERMINATION OF FAIR MARKET

9 VALUE.—The fair market value of the property 

10 to be conveyed under subparagraph (A) shall be 

11 determined by the Secretary in accordance with 

12 the Uniform Appraisal Standards for Federal 

13 Land Acquisitions and the Uniform Standards 

14 of Professional Appraisal Practice. 

15 (C) COSTS OF CONVEYANCE.—As a condi16 tion of the conveyance under this paragraph, all 

17 costs associated with the conveyance shall be 

18 paid by the District. 

19 (2) PARCEL C.— 

20 (A) IN GENERAL.—If, not later than 1 

21 year after the completion of the appraisal re22 quired by subparagraph (C), the District sub23 mits to the Secretary an offer to acquire the 

24 Federal reversionary interest in all of the ap25 proximately 27.5 acres of land conveyed to the 


kjohnson on DSK79L0C42 with BILLS
31 

•S 47 PCS

1 District under Recreation and Public Purposes 

2 Act and generally depicted on the map as ‘‘Par3 cel C’’, the Secretary shall convey to the Dis4 trict such reversionary interest in the lands cov5 ered by the offer. The Secretary shall complete 

6 the conveyance not later than 30 days after the 

7 date of the offer. 

8 (B) SURVEY.—Not later than 90 days 

9 after the date of enactment of this Act, the Sec10 retary shall complete a survey of the lands de11 scribed in this paragraph to determine the pre12 cise boundaries and acreage of the lands subject 

13 to the Federal reversionary interest. 

14 (C) APPRAISAL.—Not later than 180 days 

15 after the date of enactment of this Act, the Sec16 retary shall complete an appraisal of the Fed17 eral reversionary interest in the lands identified 

18 by the survey required by subparagraph (B). 

19 The appraisal shall be completed in accordance 

20 with the Uniform Appraisal Standards for Fed21 eral Land Acquisitions and the Uniform Stand22 ards of Professional Appraisal Practice. 

23 (D) CONSIDERATION.—As consideration 

24 for the conveyance of the Federal reversionary 

25 interest under this paragraph, the District shall 


kjohnson on DSK79L0C42 with BILLS
32 

•S 47 PCS

1 pay to the Secretary an amount equal to the 

2 appraised value of the Federal interest, as de3 termined under subparagraph (C). The consid4 eration shall be paid not later than 30 days 

5 after the date of the conveyance. 

6 (E) COSTS OF CONVEYANCE.—As a condi7 tion of the conveyance under this paragraph, all 

8 costs associated with the conveyance, including 

9 the cost of the survey required by subparagraph 

10 (B) and the appraisal required by subparagraph 

11 (C), shall be paid by the District. 

12 (d) GAMING PROHIBITION.—The Tribe may not con13 duct gaming activities on lands taken into trust pursuant 

14 to this section, either as a matter of claimed inherent au15 thority, under the authority of any Federal law, including 

16 the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 

17 seq.), or under regulations promulgated by the Secretary 

18 or the National Indian Gaming Commission. 

19 (e) WATER RIGHTS.— 

20 (1) IN GENERAL.—There shall be no Federal 

21 reserved right to surface water or groundwater for 

22 any land taken into trust by the United States for 

23 the benefit of the Tribe under this section. 

24 (2) STATE WATER RIGHTS.—The Tribe retains 

25 any right or claim to water under State law for any 


kjohnson on DSK79L0C42 with BILLS
33 

•S 47 PCS

1 land taken into trust by the United States for the 

2 benefit of the Tribe under this section. 

3 (3) FORFEITURE OR ABANDONMENT.—Any 

4 water rights that are appurtenant to land taken into 

5 trust by the United States for the benefit of the 

6 Tribe under this section may not be forfeited or 

7 abandoned. 

8 (4) ADMINISTRATION.—Nothing in this section 

9 affects or modifies any right of the Tribe or any ob10 ligation of the United States under Public Law 95– 

11 375. 

12 SEC. 1008. LA PAZ COUNTY LAND CONVEYANCE. 

13 (a) DEFINITIONS.—In this section: 

14 (1) COUNTY.—The term ‘‘County’’ means La 

15 Paz County, Arizona. 

16 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

17 means the approximately 5,935 acres of land man18 aged by the Bureau of Land Management and des19 ignated as ‘‘Federal land to be conveyed’’ on the 

20 map. 

21 (3) MAP.—The term ‘‘map’’ means the map 

22 prepared by the Bureau of Land Management enti23 tled ‘‘Proposed La Paz County Land Conveyance’’ 

24 and dated October 1, 2018. 

25 (b) CONVEYANCE TO LA PAZ COUNTY, ARIZONA.— 


kjohnson on DSK79L0C42 with BILLS
34 

•S 47 PCS

1 (1) IN GENERAL.—Notwithstanding the plan2 ning requirement of sections 202 and 203 of the 

3 Federal Land Policy and Management Act of 1976 

4 (43 U.S.C. 1712, 1713) and in accordance with this 

5 section and other applicable law, as soon as prac6 ticable after receiving a request from the County to 

7 convey the Federal land, the Secretary shall convey 

8 the Federal land to the County. 

9 (2) RESTRICTIONS ON CONVEYANCE.— 

10 (A) IN GENERAL.—The conveyance under 

11 paragraph (1) shall be subject to— 

12 (i) valid existing rights; and 

13 (ii) such terms and conditions as the 

14 Secretary determines to be necessary. 

15 (B) EXCLUSION.—The Secretary shall ex16 clude from the conveyance under paragraph (1) 

17 any Federal land that contains significant cul18 tural, environmental, wildlife, or recreational re19 sources. 

20 (3) PAYMENT OF FAIR MARKET VALUE.—The 

21 conveyance under paragraph (1) shall be for the fair 

22 market value of the Federal land to be conveyed, as 

23 determined— 


kjohnson on DSK79L0C42 with BILLS
35 

•S 47 PCS

1 (A) in accordance with the Federal Land 

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

3 1701 et seq.); and 

4 (B) based on an appraisal that is con5 ducted in accordance with— 

6 (i) the Uniform Appraisal Standards 

7 for Federal Land Acquisitions; and 

8 (ii) the Uniform Standards of Profes9 sional Appraisal Practice. 

10 (4) PROTECTION OF TRIBAL CULTURAL ARTI11 FACTS.—As a condition of the conveyance under 

12 paragraph (1), the County shall, and as a condition 

13 of any subsequent conveyance, any subsequent owner 

14 shall— 

15 (A) make good faith efforts to avoid dis16 turbing Tribal artifacts; 

17 (B) minimize impacts on Tribal artifacts if 

18 they are disturbed; 

19 (C) coordinate with the Colorado River In20 dian Tribes Tribal Historic Preservation Office 

21 to identify artifacts of cultural and historic sig22 nificance; and 

23 (D) allow Tribal representatives to rebury 

24 unearthed artifacts at or near where they were 

25 discovered. 


kjohnson on DSK79L0C42 with BILLS
36 

•S 47 PCS

1 (5) AVAILABILITY OF MAP.— 

2 (A) IN GENERAL.—The map shall be on 

3 file and available for public inspection in the 

4 appropriate offices of the Bureau of Land Man5 agement. 

6 (B) CORRECTIONS.—The Secretary and 

7 the County may, by mutual agreement— 

8 (i) make minor boundary adjustments 

9 to the Federal land to be conveyed under 

10 paragraph (1); and 

11 (ii) correct any minor errors in the 

12 map, an acreage estimate, or the descrip13 tion of the Federal land. 

14 (6) WITHDRAWAL.—The Federal land is with15 drawn from the operation of the mining and mineral 

16 leasing laws of the United States. 

17 (7) COSTS.—As a condition of the conveyance 

18 of the Federal land under paragraph (1), the County 

19 shall pay— 

20 (A) an amount equal to the appraised 

21 value determined in accordance with paragraph 

22 (3)(B); and 

23 (B) all costs related to the conveyance, in24 cluding all surveys, appraisals, and other ad25 ministrative costs associated with the conveyVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
37 

•S 47 PCS

1 ance of the Federal land to the County under 

2 paragraph (1). 

3 (8) PROCEEDS FROM THE SALE OF LAND.—The 

4 proceeds from the sale of land under this subsection 

5 shall be— 

6 (A) deposited in the Federal Land Dis7 posal Account established by section 206(a) of 

8 the Federal Land Transaction Facilitation Act 

9 (43 U.S.C. 2305(a)); and 

10 (B) used in accordance with that Act (43 

11 U.S.C. 2301 et seq.). 

12 SEC. 1009. LAKE BISTINEAU LAND TITLE STABILITY. 

13 (a) DEFINITIONS.—In this section: 

14 (1) CLAIMANT.—The term ‘‘claimant’’ means 

15 any individual, group, or corporation authorized to 

16 hold title to land or mineral interests in land in the 

17 State of Louisiana with a valid claim to the omitted 

18 land, including any mineral interests. 

19 (2) MAP.—The term ‘‘Map’’ means the map en20 titled ‘‘Lands as Delineated by Original Survey De21 cember 18, 1842 showing the 1969 Meander Line at 

22 the 148.6 Elevation Line’’ and dated January 30, 

23 2018. 

24 (3) OMITTED LAND.— 


kjohnson on DSK79L0C42 with BILLS
38 

•S 47 PCS

1 (A) IN GENERAL.—The term ‘‘omitted 

2 land’’ means the land in lots 6, 7, 8, 9, 10, 11, 

3 12, and 13 of sec. 30, T. 16 N., R. 10 W., Lou4 isiana Meridian, comprising a total of approxi5 mately 229.72 acres, as depicted on the Map, 

6 that— 

7 (i) was in place during the Original 

8 Survey; but 

9 (ii) was not included in the Original 

10 Survey. 

11 (B) INCLUSION.—The term ‘‘omitted land’’ 

12 includes— 

13 (i) Peggy’s Island in lot 1 of sec. 17, 

14 T. 16 N., R. 10 W., Louisiana Meridian; 

15 and 

16 (ii) Hog Island in lot 1 of sec. 29, T. 

17 16 N., R. 10 W., Louisiana Meridian. 

18 (4) ORIGINAL SURVEY.—The term ‘‘Original 

19 Survey’’ means the survey of land surrounding Lake 

20 Bistineau, Louisiana, conducted by the General 

21 Land Office in 1838 and approved by the Surveyor 

22 General on December 8, 1842. 

23 (b) CONVEYANCES.— 

24 (1) IN GENERAL.—Consistent with the first sec25 tion of the Act of December 22, 1928 (commonly 


kjohnson on DSK79L0C42 with BILLS
39 

•S 47 PCS

1 known as the ‘‘Color of Title Act’’) (45 Stat. 1069, 

2 chapter 47; 43 U.S.C. 1068), except as provided by 

3 this section, the Secretary shall convey to the claim4 ant the omitted land, including any mineral inter5 ests, that has been held in good faith and in peace6 ful, adverse possession by a claimant or an ancestor 

7 or grantor of the claimant, under claim or color of 

8 title, based on the Original Survey. 

9 (2) CONFIRMATION OF TITLE.—The conveyance 

10 or patent of omitted land to a claimant under para11 graph (1) shall have the effect of confirming title to 

12 the surface and minerals in the claimant and shall 

13 not serve as any admission by a claimant. 

14 (c) PAYMENT OF COSTS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the conveyance required under subsection 

17 (b) shall be without consideration. 

18 (2) EXCEPTION.—Before the conveyance of the 

19 omitted land under subsection (b), the claimant shall 

20 pay to the Secretary any costs incurred by the Sec21 retary relating to any survey, platting, legal descrip22 tion, or associated activities required to prepare and 

23 issue a patent under that subsection. 

24 (d) MAP AND LEGAL DESCRIPTION.—As soon as 

25 practicable after the date of enactment of this Act, the 


kjohnson on DSK79L0C42 with BILLS
40 

•S 47 PCS

1 Secretary shall file, and make available for public inspec2 tion in the appropriate offices of the Bureau of Land and 

3 Management, the Map and legal descriptions of the omit4 ted land to be conveyed under subsection (b). 

5 SEC. 1010. LAKE FANNIN LAND CONVEYANCE. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COUNTY.—The term ‘‘County’’ means 

8 Fannin County, Texas. 

9 (2) MAP.—The term ‘‘map’’ means the map en10 titled ‘‘Lake Fannin Conveyance’’ and dated Novem11 ber 21, 2013. 

12 (3) NATIONAL FOREST SYSTEM LAND.—The 

13 term ‘‘National Forest System land’’ means the ap14 proximately 2,025 acres of National Forest System 

15 land generally depicted on the map. 

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

17 the Secretary of Agriculture, acting through the 

18 Chief of the Forest Service. 

19 (b) LAND CONVEYANCE.— 

20 (1) IN GENERAL.—Subject to the terms and 

21 conditions described in paragraph (2), if the County 

22 submits to the Secretary an offer to acquire the Na23 tional Forest System land for the fair market value, 

24 as determined by the appraisal under paragraph (3), 


kjohnson on DSK79L0C42 with BILLS
41 

•S 47 PCS

1 the Secretary shall convey the National Forest Sys2 tem land to the County. 

3 (2) TERMS AND CONDITIONS.—The conveyance 

4 under paragraph (1) shall be— 

5 (A) subject to valid existing rights; 

6 (B) made by quitclaim deed; and 

7 (C) subject to any other terms and condi8 tions as the Secretary considers appropriate to 

9 protect the interests of the United States. 

10 (3) APPRAISAL.— 

11 (A) IN GENERAL.—Not later than 180 

12 days after the date of enactment of this Act, 

13 the Secretary shall complete an appraisal to de14 termine the fair market value of the National 

15 Forest System land. 

16 (B) STANDARDS.—The appraisal under 

17 subparagraph (A) shall be conducted in accord18 ance with— 

19 (i) the Uniform Appraisal Standards 

20 for Federal Land Acquisitions; and 

21 (ii) the Uniform Standards of Profes22 sional Appraisal Practice. 

23 (4) MAP.— 

24 (A) AVAILABILITY OF MAP.—The map 

25 shall be kept on file and available for public inVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
42 

•S 47 PCS

1 spection in the appropriate office of the Forest 

2 Service. 

3 (B) CORRECTION OF ERRORS.—The Sec4 retary may correct minor errors in the map. 

5 (5) CONSIDERATION.—As consideration for the 

6 conveyance under paragraph (1), the County shall 

7 pay to the Secretary an amount equal to the fair 

8 market value of the National Forest System land, as 

9 determined by the appraisal under paragraph (3). 

10 (6) SURVEY.—The exact acreage and legal de11 scription of the National Forest System land to be 

12 conveyed under paragraph (1) shall be determined 

13 by a survey satisfactory to the Secretary and the 

14 County. 

15 (7) USE.—As a condition of the conveyance 

16 under paragraph (1), the County shall agree to man17 age the land conveyed under that subsection for pub18 lic recreational purposes. 

19 (8) COSTS OF CONVEYANCE.—As a condition on 

20 the conveyance under paragraph (1), the County 

21 shall pay to the Secretary all costs associated with 

22 the conveyance, including the cost of— 

23 (A) the appraisal under paragraph (3); and 

24 (B) the survey under paragraph (6). 


kjohnson on DSK79L0C42 with BILLS
43 

•S 47 PCS

1 SEC. 1011. LAND CONVEYANCE AND UTILITY RIGHT-OF2 WAY, HENRY’S LAKE WILDERNESS STUDY 

3 AREA, IDAHO. 

4 (a) CONVEYANCE AND RIGHT-OF-WAY AUTHOR5 IZED.—Notwithstanding section 603(c) of the Federal 

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

7 1782(c)), the Secretary may— 

8 (1) convey to the owner of a private residence 

9 located at 3787 Valhalla Road in Island Park, Idaho 

10 (in this section referred to as the ‘‘owner’’), all 

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

12 to the approximately 0.5 acres of Federal land in the 

13 Henry’s Lake Wilderness Study Area described as 

14 lot 14, section 33, Township 16 North, Range 43 

15 East, Boise Meridian, Fremont County, Idaho; and 

16 (2) grant Fall River Electric in Ashton, Idaho, 

17 the right to operate, maintain, and rehabilitate a 

18 right-of-way encumbering approximately 0.4 acres of 

19 Federal land in the Henry’s Lake Wilderness Study 

20 Area described as lot 15, section 33, Township 16 

21 North, Range 43 East, Boise Meridian, Fremont 

22 County, Idaho, which includes an electric distribu23 tion line and access road, 850′ in length, 20′ in 

24 width. 

25 (b) CONSIDERATION; CONDITIONS.— 


kjohnson on DSK79L0C42 with BILLS
44 

•S 47 PCS

1 (1) LAND DISPOSAL.—The Secretary shall con2 vey the land under subsection (a)(1) in accordance 

3 with section 203 of the Federal Land Policy and 

4 Management Act of 1976 (43 U.S.C. 1713) and part 

5 2711.3–3 of title 43, Code of Federal Regulations. 

6 As consideration for the conveyance the owner shall 

7 pay to the Secretary an amount equal to the fair 

8 market value as valued by a qualified land appraisal 

9 and approved by the Appraisal and Valuation Serv10 ices Office. 

11 (2) RIGHT-OF-WAY.—The Secretary shall grant 

12 the right-of-way granted under subsection (a)(2) in 

13 accordance with section 205 of the Federal Land 

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

15 1715), and part 2800 of title 43, Code of Federal 

16 Regulations. 

17 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

18 Secretary may require such additional terms and condi19 tions in connection with the conveyance of the land and 

20 the grant of the right-of-way under this section as the Sec21 retary considers appropriate to protect the interests of the 

22 United States. 


kjohnson on DSK79L0C42 with BILLS
45 

•S 47 PCS

1 SEC. 1012. CONVEYANCE TO UKPEAGVIK INUPIAT COR2 PORATION. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, subject to valid existing 

5 rights, the Secretary shall convey to the Ukpeagvik 

6 Inupiat Corporation all right, title, and interest held by 

7 the United States in and to sand and gravel deposits un8 derlying the surface estate owned by the Ukpeagvik 

9 Inupiat Corporation within and contiguous to the Barrow 

10 gas fields, and more particularly described as follows: 

11 (1) T. 21 N. R. 16 W., secs. 7, 17–18, 19–21, 

12 and 28–29, of the Umiat Meridian. 

13 (2) T. 21 N. R. 17 W., secs. 1–2 and 11–14, 

14 of the Umiat Meridian. 

15 (3) T. 22 N. R. 18 W., secs. 4, 9, and 29–32, 

16 of the Umiat Meridian. 

17 (4) T. 22 N. R. 19 W., secs. 25 and 36, of the 

18 Umiat Meridian. 

19 (b) ENTITLEMENT FULFILLED.—The conveyance 

20 under this section shall fulfill the entitlement granted to 

21 the Ukpeagvik Inupiat Corporation under section 12(a) of 

22 the Alaska Native Claims Settlement Act (43 U.S.C. 

23 1611(a)). 

24 (c) COMPLIANCE WITH ENDANGERED SPECIES ACT

25 OF 1973.—Nothing in this section affects any requireVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
46 

•S 47 PCS

1 ment, prohibition, or exception under the Endangered 

2 Species Act of 1973 (16 U.S.C. 1531 et seq.). 

3 SEC. 1013. PUBLIC PURPOSE CONVEYANCE TO CITY OF 

4 HYDE PARK, UTAH. 

5 (a) IN GENERAL.—Notwithstanding the land use 

6 planning requirement of sections 202 and 203 of the Fed7 eral Land Policy and Management Act of 1976 (43 U.S.C. 

8 1712, 1713), on written request by the City of Hyde Park, 

9 Utah (referred to in this section as the ‘‘City’’), the Sec10 retary shall convey, without consideration, to the City the 

11 parcel of public land described in subsection (b)(1) for 

12 public recreation or other public purposes consistent with 

13 uses allowed under the Act of June 14, 1926 (commonly 

14 known as the ‘‘Recreation and Public Purposes Act’’) (43 

15 U.S.C. 869 et seq.). 

16 (b) DESCRIPTION OF LAND.— 

17 (1) IN GENERAL.—The parcel of public land re18 ferred to in subsection (a) is the approximately 80- 

19 acre parcel identified on the map entitled ‘‘Hyde 

20 Park Land Conveyance Act’’ and dated October 23, 

21 2017. 

22 (2) AVAILABILITY OF MAP.—The map referred 

23 to in paragraph (1) shall be on file and available for 

24 public inspection in appropriate offices of the Bu25 reau of Land Management. 


kjohnson on DSK79L0C42 with BILLS
47 

•S 47 PCS

1 (c) SURVEY.—The exact acreage and legal descrip2 tion of the land to be conveyed under this section shall 

3 be determined by a survey satisfactory to the Secretary. 

4 (d) CONVEYANCE COSTS.—As a condition for the 

5 conveyance under this section, all costs associated with the 

6 conveyance shall be paid by the City. 

7 SEC. 1014. JUAB COUNTY CONVEYANCE. 

8 (a) DEFINITIONS.—In this section: 

9 (1) COUNTY.—The term ‘‘County’’ means Juab 

10 County, Utah. 

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

12 the Secretary of Agriculture, acting through the 

13 Chief of the Forest Service. 

14 (3) NEPHI WORK CENTER CONVEYANCE PAR15 CEL.—The term ‘‘Nephi Work Center conveyance 

16 parcel’’ means the parcel of approximately 2.17 

17 acres of National Forest System land in the County, 

18 located at 740 South Main Street, Nephi, Utah, as 

19 depicted as Tax Lot Numbers #XA00–0545–1111 

20 and #XA00–0545–2 on the map entitled ‘‘Nephi 

21 Plat B’’ and dated May 6, 1981. 

22 (b) CONVEYANCE OF NEPHI WORK CENTER CON23 VEYANCE PARCEL, JUAB COUNTY, UTAH.— 

24 (1) IN GENERAL.—Not later than 1 year after 

25 the date on which the Secretary receives a request 


kjohnson on DSK79L0C42 with BILLS
48 

•S 47 PCS

1 from the County and subject to valid existing rights 

2 and such terms and conditions as are mutually satis3 factory to the Secretary and the County, including 

4 such additional terms as the Secretary determines to 

5 be necessary, the Secretary shall convey to the 

6 County without consideration all right, title, and in7 terest of the United States in and to the Nephi 

8 Work Center conveyance parcel. 

9 (2) COSTS.—Any costs relating to the convey10 ance under paragraph (1), including processing and 

11 transaction costs, shall be paid by the County. 

12 (3) USE OF LAND.—The land conveyed to the 

13 County under paragraph (1) shall be used by the 

14 County— 

15 (A) to house fire suppression and fuels 

16 mitigation personnel; 

17 (B) to facilitate fire suppression and fuels 

18 mitigation activities; and 

19 (C) for infrastructure and equipment nec20 essary to carry out subparagraphs (A) and (B). 

21 SEC. 1015. BLACK MOUNTAIN RANGE AND BULLHEAD CITY 

22 LAND EXCHANGE. 

23 (a) DEFINITIONS.—In this section: 

24 (1) CITY.—The term ‘‘City’’ means Bullhead 

25 City, Arizona. 


kjohnson on DSK79L0C42 with BILLS
49 

•S 47 PCS

1 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed2 eral Land’’ means the approximately 1,100 acres of 

3 land owned by Bullhead City in the Black Mountain 

4 Range generally depicted as ‘‘Bullhead City Land to 

5 be Exchanged to BLM’’ on the Map. 

6 (3) MAP.—The term ‘‘Map’’ means the map en7 titled ‘‘Bullhead City Land Exchange’’ and dated 

8 August 24, 2018. 

9 (4) FEDERAL LAND.—The term ‘‘Federal land’’ 

10 means the approximately 345.2 acres of land in 

11 Bullhead City, Arizona, generally depicted as ‘‘Fed12 eral Land to be exchanged to Bullhead City’’ on the 

13 Map. 

14 (b) LAND EXCHANGE.— 

15 (1) IN GENERAL.—If after December 15, 2020, 

16 the City offers to convey to the Secretary all right, 

17 title, and interest of the City in and to the non-Fed18 eral land, the Secretary shall accept the offer and si19 multaneously convey to the City all right, title, and 

20 interest of the United States in and to the Federal 

21 land. 

22 (2) LAND TITLE.—Title to the non-Federal 

23 land conveyed to the Secretary under this section 

24 shall be in a form acceptable to the Secretary and 

25 shall conform to the title approval standards of the 


kjohnson on DSK79L0C42 with BILLS
50 

•S 47 PCS

1 Attorney General of the United States applicable to 

2 land acquisitions by the Federal Government. 

3 (3) EXCHANGE COSTS.—The City shall pay for 

4 all land survey, appraisal, and other costs to the 

5 Secretary as may be necessary to process and con6 summate the exchange under this section. 

7 (c) EQUAL VALUE EXCHANGE AND APPRAISALS.— 

8 (1) APPRAISALS.—The values of the lands to be 

9 exchanged under this section shall be determined by 

10 the Secretary through appraisals performed— 

11 (A) in accordance with— 

12 (i) the Uniform Appraisal Standards 

13 for Federal Land Acquisitions; 

14 (ii) the Uniform Standards of Profes15 sional Appraisal Practice; and 

16 (iii) appraisal instructions issued by 

17 the Secretary; and 

18 (B) by an appraiser mutually agreed to by 

19 the Secretary and the City. 

20 (2) EQUAL VALUE EXCHANGE.—The values of 

21 the Federal and non-Federal land parcels exchanged 

22 shall be equal, or if they are not equal, shall be 

23 equalized as follows: 

24 (A) SURPLUS OF FEDERAL LAND

25 VALUE.—If the final appraised value of the 


kjohnson on DSK79L0C42 with BILLS
51 

•S 47 PCS

1 Federal land exceeds the final appraised value 

2 of the non-Federal land, the City shall reduce 

3 the amount of land it is requesting from the 

4 Federal Government in order to create an equal 

5 value in accordance with section 206(b) of the 

6 Federal Land Policy and Management Act of 

7 1976 (43 U.S.C. 1716(b)). Land that is not ex8 changed because of equalization under this sub9 paragraph shall remain subject to lease under 

10 the Act of June 14, 1926 (commonly known as 

11 the ‘‘Recreation and Public Purposes Act’’) (44 

12 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). 

13 (B) USE OF FUNDS.—Any cash equali14 zation moneys received by the Secretary under 

15 subparagraph (A) shall be— 

16 (i) deposited in the Federal Land Dis17 posal Account established by section 

18 206(a) of the Federal Land Transaction 

19 Facilitation Act (43 U.S.C. 2305(a)); and 

20 (ii) used in accordance with that Act 

21 (43 U.S.C. 2301 et seq.). 

22 (C) SURPLUS OF NON-FEDERAL LAND

23 VALUE.—If the final appraised value of the 

24 non-Federal land exceeds the final appraised 

25 value of the Federal land, the United States 


kjohnson on DSK79L0C42 with BILLS
52 

•S 47 PCS

1 shall not make a cash equalization payment to 

2 the City, and surplus value of the non-Federal 

3 land shall be considered a donation by the City 

4 to the United States for all purposes of law. 

5 (d) WITHDRAWAL PROVISIONS.—Lands acquired by 

6 the Secretary under this section are, upon such acquisi7 tion, automatically and permanently withdrawn from all 

8 forms of appropriation and disposal under the public land 

9 laws (including the mining and mineral leasing laws) and 

10 the Geothermal Steam Act of 1930 (30 U.S.C. 1001 et 

11 seq.). 

12 (e) MAPS, ESTIMATES, AND DESCRIPTIONS.— 

13 (1) MINOR ERRORS.—The Secretary and the 

14 City may, by mutual agreement— 

15 (A) make minor boundary adjustments to 

16 the Federal and non-Federal lands involved in 

17 the exchange; and 

18 (B) correct any minor errors in any map, 

19 acreage estimate, or description of any land to 

20 be exchanged. 

21 (2) CONFLICT.—If there is a conflict between a 

22 map, an acreage estimate, or a description of land 

23 under this section, the map shall control unless the 

24 Secretary and the City mutually agree otherwise. 


kjohnson on DSK79L0C42 with BILLS
53 

•S 47 PCS

1 (3) AVAILABILITY.—The Secretary shall file 

2 and make available for public inspection in the Ari3 zona headquarters of the Bureau of Land Manage4 ment a copy of all maps referred to in this section. 

5 SEC. 1016. COTTONWOOD LAND EXCHANGE. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COUNTY.—The term ‘‘County’’ means 

8 Yavapai County, Arizona. 

9 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

10 means all right, title, and interest of the United 

11 States in and to approximately 80 acres of land 

12 within the Coconino National Forest, in Yavapai 

13 County, Arizona, generally depicted as ‘‘Coconino 

14 National Forest Parcels ‘Federal Land’ ’’ on the 

15 map. 

16 (3) MAP.—The term ‘‘map’’ means the map en17 titled ‘‘Cottonwood Land Exchange’’, with the revi18 sion date July 5, 2018\Version 1. 

19 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed20 eral land’’ means the approximately 369 acres of 

21 land in Yavapai County, Arizona, generally depicted 

22 as ‘‘Yavapai County Parcels ‘Non-Federal Land’ ’’ 

23 on the map. 


kjohnson on DSK79L0C42 with BILLS
54 

•S 47 PCS

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

2 the Secretary of Agriculture, unless otherwise speci3 fied. 

4 (b) LAND EXCHANGE.— 

5 (1) IN GENERAL.—If the County offers to con6 vey to the Secretary all right, title, and interest of 

7 the County in and to the non-Federal land, the Sec8 retary shall accept the offer and simultaneously con9 vey to the County all right, title, and interest of the 

10 United States to the Federal land. 

11 (2) LAND TITLE.—Title to the non-Federal 

12 land conveyed to the Secretary under this section 

13 shall be acceptable to the Secretary and shall con14 form to the title approval standards of the Attorney 

15 General of the United States applicable to land ac16 quisitions by the Federal Government. 

17 (3) EXCHANGE COSTS.—The County shall pay 

18 for all land survey, appraisal, and other costs to the 

19 Secretary as may be necessary to process and con20 summate the exchange under this section, including 

21 reimbursement to the Secretary, if the Secretary so 

22 requests, for staff time spent in such processing and 

23 consummation. 

24 (c) EQUAL VALUE EXCHANGE AND APPRAISALS.— 


kjohnson on DSK79L0C42 with BILLS
55 

•S 47 PCS

1 (1) APPRAISALS.—The values of the lands to be 

2 exchanged under this section shall be determined by 

3 the Secretary through appraisals performed— 

4 (A) in accordance with— 

5 (i) the Uniform Appraisal Standards 

6 for Federal Land Acquisitions; 

7 (ii) the Uniform Standards of Profes8 sional Appraisal Practice; and 

9 (iii) appraisal instructions issued by 

10 the Secretary; and 

11 (B) by an appraiser mutually agreed to by 

12 the Secretary and the County. 

13 (2) EQUAL VALUE EXCHANGE.—The values of 

14 the Federal and non-Federal land parcels exchanged 

15 shall be equal, or if they are not equal, shall be 

16 equalized as follows: 

17 (A) SURPLUS OF FEDERAL LAND

18 VALUE.—If the final appraised value of the 

19 Federal land exceeds the final appraised value 

20 of the non-Federal land, the County shall make 

21 a cash equalization payment to the United 

22 States as necessary to achieve equal value, in23 cluding, if necessary, an amount in excess of 

24 that authorized pursuant to section 206(b) of 


kjohnson on DSK79L0C42 with BILLS
56 

•S 47 PCS

1 the Federal Land Policy and Management Act 

2 of 1976 (43 U.S.C. 1716(b)). 

3 (B) USE OF FUNDS.—Any cash equali4 zation moneys received by the Secretary under 

5 subparagraph (A) shall be— 

6 (i) deposited in the fund established 

7 under Public Law 90–171 (commonly 

8 known as the ‘‘Sisk Act’’; 16 U.S.C. 484a); 

9 and 

10 (ii) made available to the Secretary 

11 for the acquisition of land or interests in 

12 land in Region 3 of the Forest Service. 

13 (C) SURPLUS OF NON-FEDERAL LAND

14 VALUE.—If the final appraised value of the 

15 non-Federal land exceeds the final appraised 

16 value of the Federal land, the United States 

17 shall not make a cash equalization payment to 

18 the County, and surplus value of the non-Fed19 eral land shall be considered a donation by the 

20 County to the United States for all purposes of 

21 law. 

22 (d) WITHDRAWAL PROVISIONS.—Lands acquired by 

23 the Secretary under this section are, upon such acquisi24 tion, automatically and permanently withdrawn from all 

25 forms of appropriation and disposal under the public land 


kjohnson on DSK79L0C42 with BILLS
57 

•S 47 PCS

1 laws (including the mining and mineral leasing laws) and 

2 the Geothermal Steam Act of 1930 (30 U.S.C. 1001 et 

3 seq.). 

4 (e) MANAGEMENT OF LAND.—Land acquired by the 

5 Secretary under this section shall become part of the 

6 Coconino National Forest and be managed in accordance 

7 with the laws, rules, and regulations applicable to the Na8 tional Forest System. 

9 (f) MAPS, ESTIMATES, AND DESCRIPTIONS.— 

10 (1) MINOR ERRORS.—The Secretary and the 

11 County may, by mutual agreement— 

12 (A) make minor boundary adjustments to 

13 the Federal and non-Federal lands involved in 

14 the exchange; and 

15 (B) correct any minor errors in any map, 

16 acreage estimate, or description of any land to 

17 be exchanged. 

18 (2) CONFLICT.—If there is a conflict between a 

19 map, an acreage estimate, or a description of land 

20 under this section, the map shall control unless the 

21 Secretary and the County mutually agree otherwise. 

22 (3) AVAILABILITY.—The Secretary shall file 

23 and make available for public inspection in the head24 quarters of the Coconino National Forest a copy of 

25 all maps referred to in this section. 


kjohnson on DSK79L0C42 with BILLS
58 

•S 47 PCS

1 SEC. 1017. EMBRY-RIDDLE TRI-CITY LAND EXCHANGE. 

2 (a) DEFINITIONS.—In this section: 

3 (1) NON-FEDERAL LAND.—The term ‘‘non-Fed4 eral land’’ means the approximately 16-acre parcel 

5 of University land identified in section 3(a) of Public 

6 Law 105–363 (112 Stat. 3297). 

7 (2) UNIVERSITY.—The term ‘‘University’’ 

8 means Embry-Riddle Aeronautical University, Flor9 ida. 

10 (b) CONVEYANCE OF FEDERAL REVERSIONARY IN11 TEREST IN LAND LOCATED IN THE COUNTY OF YAVAPAI, 

12 ARIZONA.— 

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, if after the completion of the ap15 praisal required under subsection (c), the University 

16 submits to the Secretary an offer to acquire the re17 versionary interests of the United States in and to 

18 the non-Federal land, the Secretary shall convey to 

19 the University the reversionary interests of the 

20 United States in and to the non-Federal land for the 

21 purpose of unencumbering the title to the non-Fed22 eral land to enable economic development of the non23 Federal land. 

24 (2) LEGAL DESCRIPTIONS.—As soon as prac25 ticable after the date of enactment of this Act, the 

26 exact legal description of the non-Federal land shall 


kjohnson on DSK79L0C42 with BILLS
59 

•S 47 PCS

1 be determined in a manner satisfactory to the Sec2 retary. 

3 (3) ADDITIONAL TERMS AND CONDITIONS.— 

4 The Secretary may require such additional terms 

5 and conditions to the conveyance under paragraph 

6 (1), consistent with this section, as the Secretary 

7 considers appropriate to protect the interests of the 

8 United States. 

9 (4) COSTS.—The University shall pay all costs 

10 associated with the conveyance under paragraph (1), 

11 including the costs of the appraisal required under 

12 subsection (c), the costs of any surveys, recording 

13 costs, and other reasonable costs. 

14 (c) APPRAISAL.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of enactment of this Act, the Sec17 retary shall complete an appraisal of the rever18 sionary interests of the United States in and to the 

19 non-Federal land. 

20 (2) APPLICABLE LAW.—The appraisal shall be 

21 completed in accordance with— 

22 (A) the Uniform Appraisal Standards for 

23 Federal Land Acquisitions; and 

24 (B) the Uniform Standards of Professional 

25 Appraisal Practice. 


kjohnson on DSK79L0C42 with BILLS
60 

•S 47 PCS

1 (d) CONSIDERATION.— 

2 (1) IN GENERAL.—As consideration for the con3 veyance of the reversionary interests of the United 

4 States in and to the non-Federal land under this 

5 section, the University shall pay to the Secretary an 

6 amount equal to the appraised value of the interests 

7 of the United States, as determined under sub8 section (c). 

9 (2) DEPOSIT; USE.—Amounts received under 

10 paragraph (1) shall be— 

11 (A) deposited in the Federal Land Dis12 posal Account established by section 206(a) of 

13 the Federal Land Transaction Facilitation Act 

14 (43 U.S.C. 2305(a)); and 

15 (B) used in accordance with that Act (43 

16 U.S.C. 2301 et seq.). 

17 Subtitle B—Public Land and Na18 tional Forest System Manage19 ment 

20 SEC. 1101. BOLTS DITCH ACCESS. 

21 (a) ACCESS GRANTED.—The Secretary of Agriculture 

22 shall permit by special use authorization nonmotorized ac23 cess and use, in accordance with section 293.6 of title 36, 

24 Code of Federal Regulations, of the Bolts Ditch Headgate 

25 and the Bolts Ditch within the Holy Cross Wilderness, 


kjohnson on DSK79L0C42 with BILLS
61 

•S 47 PCS

1 Colorado, as designated by Public Law 96–560 (94 Stat. 

2 3265), for the purposes of the diversion of water and use, 

3 maintenance, and repair of such ditch and headgate by 

4 the Town of Minturn, Colorado, a Colorado Home Rule 

5 Municipality. 

6 (b) LOCATION OF FACILITIES.—The Bolts Ditch 

7 headgate and ditch segment referenced in subsection (a) 

8 are as generally depicted on the map entitled ‘‘Bolts Ditch 

9 headgate and Ditch Segment’’ and dated November 2015. 

10 SEC. 1102. CLARIFICATION RELATING TO A CERTAIN LAND 

11 DESCRIPTION UNDER THE NORTHERN ARI12 ZONA LAND EXCHANGE AND VERDE RIVER 

13 BASIN PARTNERSHIP ACT OF 2005. 

14 Section 104(a)(5) of the Northern Arizona Land Ex15 change and Verde River Basin Partnership Act of 2005 

16 (Public Law 109–110; 119 Stat. 2356) is amended by in17 serting before the period at the end ‘‘, which, notwithstanding section 102(a)(4)(B), includes the N1⁄2 NE1 18 ⁄4

SW1⁄4 SW1⁄4, the N1⁄2 N1⁄2 SE1⁄4 SW1⁄4, and the N1⁄2 N1 19 ⁄2

SW1⁄4 SE1 20 ⁄4, sec. 34, Township 22 North, Range 2 East, 

21 Gila and Salt River Meridian, Coconino County, Arizona, 

22 comprising approximately 25 acres’’. 

23 SEC. 1103. FRANK AND JEANNE MOORE WILD STEELHEAD 

24 SPECIAL MANAGEMENT AREA. 

25 (a) FINDINGS.—Congress finds that— 


kjohnson on DSK79L0C42 with BILLS
62 

•S 47 PCS

1 (1) Frank Moore has committed his life to fam2 ily, friends, his country, and fly fishing; 

3 (2) Frank Moore is a World War II veteran 

4 who stormed the beaches of Normandy along with 

5 150,000 troops during the D-Day Allied invasion 

6 and was awarded the Chevalier of the French Legion 

7 of Honor for his bravery; 

8 (3) Frank Moore returned home after the war, 

9 started a family, and pursued his passion of fishing 

10 on the winding rivers in Oregon; 

11 (4) as the proprietor of the Steamboat Inn 

12 along the North Umpqua River in Oregon for nearly 

13 20 years, Frank Moore, along with his wife Jeanne, 

14 shared his love of fishing, the flowing river, and the 

15 great outdoors, with visitors from all over the United 

16 States and the world; 

17 (5) Frank Moore has spent most of his life fish18 ing the vast rivers of Oregon, during which time he 

19 has contributed significantly to efforts to conserve 

20 fish habitats and protect river health, including serv21 ing on the State of Oregon Fish and Wildlife Com22 mission; 

23 (6) Frank Moore has been recognized for his 

24 conservation work with the National Wildlife Fed25 eration Conservationist of the Year award, the Wild 


kjohnson on DSK79L0C42 with BILLS
63 

•S 47 PCS

1 Steelhead Coalition Conservation Award, and his 

2 2010 induction into the Fresh Water Fishing Hall 

3 of Fame; and 

4 (7) in honor of the many accomplishments of 

5 Frank Moore, both on and off the river, approxi6 mately 99,653 acres of Forest Service land in the 

7 State of Oregon should be designated as the ‘‘Frank 

8 and Jeanne Moore Wild Steelhead Special Manage9 ment Area’’. 

10 (b) DEFINITIONS.—In this section: 

11 (1) MAP.—The term ‘‘Map’’ means the map en12 titled ‘‘Frank Moore Wild Steelhead Special Man13 agement Area Designation Act’’ and dated June 23, 

14 2016. 

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

16 the Secretary of Agriculture, acting through the 

17 Chief of the Forest Service. 

18 (3) SPECIAL MANAGEMENT AREA.—The term 

19 ‘‘Special Management Area’’ means the Frank and 

20 Jeanne Moore Wild Steelhead Special Management 

21 Area designated by subsection (c)(1). 

22 (4) STATE.—The term ‘‘State’’ means the State 

23 of Oregon. 

24 (c) FRANK AND JEANNE MOORE WILD STEELHEAD

25 SPECIAL MANAGEMENT AREA, OREGON.— 


kjohnson on DSK79L0C42 with BILLS
64 

•S 47 PCS

1 (1) DESIGNATION.—The approximately 99,653 

2 acres of Forest Service land in the State, as gen3 erally depicted on the Map, is designated as the 

4 ‘‘Frank and Jeanne Moore Wild Steelhead Special 

5 Management Area’’. 

6 (2) MAP; LEGAL DESCRIPTION.— 

7 (A) IN GENERAL.—As soon as practicable 

8 after the date of enactment of this Act, the Sec9 retary shall prepare a map and legal description 

10 of the Special Management Area. 

11 (B) FORCE OF LAW.—The map and legal 

12 description prepared under subparagraph (A) 

13 shall have the same force and effect as if in14 cluded in this section, except that the Secretary 

15 may correct clerical and typographical errors in 

16 the map and legal description. 

17 (C) AVAILABILITY.—The map and legal 

18 description prepared under subparagraph (A) 

19 shall be on file and available for public inspec20 tion in the appropriate offices of the Forest 

21 Service. 

22 (3) ADMINISTRATION.—Subject to valid existing 

23 rights, the Special Management Area shall be ad24 ministered by the Secretary— 


kjohnson on DSK79L0C42 with BILLS
65 

•S 47 PCS

1 (A) in accordance with all laws (including 

2 regulations) applicable to the National Forest 

3 System; and 

4 (B) in a manner that— 

5 (i) conserves and enhances the natural 

6 character, scientific use, and the botanical, 

7 recreational, ecological, fish and wildlife, 

8 scenic, drinking water, and cultural values 

9 of the Special Management Area; 

10 (ii) maintains and seeks to enhance 

11 the wild salmonid habitat of the Special 

12 Management Area; 

13 (iii) maintains or enhances the water14 shed as a thermal refuge for wild 

15 salmonids; and 

16 (iv) preserves opportunities for recre17 ation, including primitive recreation. 

18 (4) FISH AND WILDLIFE.—Nothing in this sec19 tion affects the jurisdiction or responsibilities of the 

20 State with respect to fish and wildlife in the State. 

21 (5) ADJACENT MANAGEMENT.—Nothing in this 

22 section— 

23 (A) creates any protective perimeter or 

24 buffer zone around the Special Management 

25 Area; or 


kjohnson on DSK79L0C42 with BILLS
66 

•S 47 PCS

1 (B) modifies the applicable travel manage2 ment plan for the Special Management Area. 

3 (6) WILDFIRE MANAGEMENT.—Nothing in this 

4 section prohibits the Secretary, in cooperation with 

5 other Federal, State, and local agencies, as appro6 priate, from conducting wildland fire operations in 

7 the Special Management Area, consistent with the 

8 purposes of this section, including the use of air9 craft, machinery, mechanized equipment, fire breaks, 

10 backfires, and retardant. 

11 (7) VEGETATION MANAGEMENT.—Nothing in 

12 this section prohibits the Secretary from conducting 

13 vegetation management projects within the Special 

14 Management Area in a manner consistent with— 

15 (A) the purposes described in paragraph 

16 (3); and 

17 (B) the applicable forest plan. 

18 (8) PROTECTION OF TRIBAL RIGHTS.—Nothing 

19 in this section diminishes any treaty rights of an In20 dian Tribe. 

21 (9) WITHDRAWAL.—Subject to valid existing 

22 rights, the Federal land within the boundaries of the 

23 Special Management Area river segments designated 

24 by paragraph (1) is withdrawn from all forms of— 


kjohnson on DSK79L0C42 with BILLS
67 

•S 47 PCS

1 (A) entry, appropriation, or disposal under 

2 the public land laws; 

3 (B) location, entry, and patent under the 

4 mining laws; and 

5 (C) disposition under all laws relating to 

6 mineral and geothermal leasing or mineral ma7 terials. 

8 SEC. 1104. MAINTENANCE OR REPLACEMENT OF FACILI9 TIES AND STRUCTURES AT SMITH GULCH. 

10 The authorization of the Secretary of Agriculture to 

11 maintain or replace facilities or structures for commercial 

12 recreation services at Smith Gulch under section 

13 3(a)(24)(D) of the Wild and Scenic Rivers Act (16 U.S.C. 

14 1274(a)(24)(D))— 

15 (1) may include improvements or replacements 

16 that the Secretary of Agriculture determines— 

17 (A) are consistent with section 9(b) of the 

18 Central Idaho Wilderness Act of 1980 (16 

19 U.S.C. 1281 note; Public Law 96–312); and 

20 (B) would reduce the impact of the com21 mercial recreation facilities or services on wil22 derness or wild and scenic river resources and 

23 values; and 

24 (2) authorizes the Secretary of Agriculture to 

25 consider including, as appropriate— 


kjohnson on DSK79L0C42 with BILLS
68 

•S 47 PCS

1 (A) hydroelectric generators and associated 

2 electrical transmission facilities; 

3 (B) water pumps for fire suppression; 

4 (C) transitions from propane to electrical 

5 lighting; 

6 (D) solar energy systems; 

7 (E) 6-volt or 12-volt battery banks for 

8 power storage; and 

9 (F) other improvements or replacements 

10 which are consistent with this section that the 

11 Secretary of Agriculture determines appro12 priate. 

13 SEC. 1105. REPEAL OF PROVISION LIMITING THE EXPORT 

14 OF TIMBER HARVESTED FROM CERTAIN 

15 KAKE TRIBAL CORPORATION LAND. 

16 Section 42 of the Alaska Native Claims Settlement 

17 Act (43 U.S.C. 1629h) is amended— 

18 (1) by striking subsection (h); 

19 (2) by redesignating subsection (i) as subsection 

20 (h); and 

21 (3) in subsection (h) (as so redesignated), in 

22 the first sentence, by striking ‘‘and to provide’’ and 

23 all that follows through ‘‘subsection (h)’’. 

24 SEC. 1106. DESIGNATION OF FOWLER AND BOSKOFF PEAKS. 

25 (a) DESIGNATION OF FOWLER PEAK.— 


kjohnson on DSK79L0C42 with BILLS
69 

•S 47 PCS

1 (1) IN GENERAL.—The 13,498-foot mountain 

2 peak, located at 37.8569° N, by ¥108.0117° W, in 

3 the Uncompahgre National Forest in the State of 

4 Colorado, shall be known and designated as ‘‘Fowler 

5 Peak’’. 

6 (2) REFERENCES.—Any reference in a law, 

7 map, regulation, document, paper, or other record of 

8 the United States to the peak described in para9 graph (1) shall be deemed to be a reference to 

10 ‘‘Fowler Peak’’. 

11 (b) DESIGNATION OF BOSKOFF PEAK.— 

12 (1) IN GENERAL.—The 13,123-foot mountain 

13 peak, located at 37.85549° N, by ¥108.03112° W, 

14 in the Uncompahgre National Forest in the State of 

15 Colorado, shall be known and designated as 

16 ‘‘Boskoff Peak’’. 

17 (2) REFERENCES.—Any reference in a law, 

18 map, regulation, document, paper, or other record of 

19 the United States to the peak described in para20 graph (1) shall be deemed to be a reference to 

21 ‘‘Boskoff Peak’’. 

22 SEC. 1107. CORONADO NATIONAL FOREST LAND CONVEY23 ANCE. 

24 (a) DEFINITIONS.—In this section: 

25 (1) PERMITTEE.— 


kjohnson on DSK79L0C42 with BILLS
70 

•S 47 PCS

1 (A) IN GENERAL.—The term ‘‘permittee’’ 

2 means a person who, on the date of enactment 

3 of this Act, holds a valid permit for use of a 

4 property. 

5 (B) INCLUSIONS.—The term ‘‘permittee’’ 

6 includes any heirs, executors, and assigns of the 

7 permittee or interest of the permittee. 

8 (2) PROPERTY.—The term ‘‘property’’ means— 

9 (A) the approximately 1.1 acres of Na10 tional Forest System land in sec. 8, T. 10 S., 

11 R. 16 E., Gila and Salt River Meridian, as gen12 erally depicted on the map entitled ‘‘Coronado 

13 National Forest Land Conveyance Act of 

14 2017’’, special use permit numbered SAN5005– 

15 03, and dated October 2017; 

16 (B) the approximately 4.5 acres of Na17 tional Forest System land in sec. 8, T. 10 S., 

18 R. 16 E., Gila and Salt River Meridian, as gen19 erally depicted on the map entitled ‘‘Coronado 

20 National Forest Land Conveyance Act of 

21 2017’’, special use permit numbered SAN5116– 

22 03, and dated October 2017; and 

23 (C) the approximately 3.9 acres of National Forest System land in NW1 24 ⁄4, sec. 1, T. 

25 10 S., R. 15 E., Gila and Salt River Meridian, 


kjohnson on DSK79L0C42 with BILLS
71 

•S 47 PCS

1 as generally depicted on the map entitled 

2 ‘‘Coronado National Forest Land Conveyance 

3 Act of 2017’’, special use permit numbered 

4 SAN5039–02, and dated October 2017. 

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

6 the Secretary of Agriculture. 

7 (b) SALE.— 

8 (1) IN GENERAL.—Subject to valid existing 

9 rights, during the period described in paragraph (2), 

10 not later than 90 days after the date on which a 

11 permittee submits a request to the Secretary, the 

12 Secretary shall— 

13 (A) accept tender of consideration from 

14 that permittee; and 

15 (B) sell and quitclaim to that permittee all 

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

17 and to the property for which the permittee 

18 holds a permit. 

19 (2) PERIOD DESCRIBED.—The period referred 

20 to in paragraph (1) is the period beginning on the 

21 date of enactment of this Act and ending on the 

22 date of expiration of the applicable permit. 

23 (c) TERMS AND CONDITIONS.—The Secretary may 

24 establish such terms and conditions on the sales of the 


kjohnson on DSK79L0C42 with BILLS
72 

•S 47 PCS

1 properties under this section as the Secretary determines 

2 to be in the public interest. 

3 (d) CONSIDERATION.—A sale of a property under 

4 this section shall be for cash consideration equal to the 

5 market value of the property, as determined by the ap6 praisal described in subsection (e). 

7 (e) APPRAISAL.— 

8 (1) IN GENERAL.—The Secretary shall complete 

9 an appraisal of each property, which shall— 

10 (A) include the value of any appurtenant 

11 easements; and 

12 (B) exclude the value of any private im13 provements made by a permittee of the property 

14 before the date of appraisal. 

15 (2) STANDARDS.—An appraisal under para16 graph (1) shall be conducted in accordance with— 

17 (A) the Uniform Appraisal Standards for 

18 Federal Land Acquisitions, established in ac19 cordance with the Uniform Relocation Assist20 ance and Real Property Acquisition Policies Act 

21 of 1970 (42 U.S.C. 4601 et seq.); and 

22 (B) the Uniform Standards of Professional 

23 Appraisal Practice. 

24 (f) COSTS.—The Secretary shall pay— 


kjohnson on DSK79L0C42 with BILLS
73 

•S 47 PCS

1 (1) the cost of a conveyance of a property under 

2 this section; and 

3 (2) the cost of an appraisal under subsection 

4 (e). 

5 (g) PROCEEDS FROM THE SALE OF LAND.—Any 

6 payment received by the Secretary from the sale of prop7 erty under this section shall be deposited in the fund es8 tablished under Public Law 90–171 (commonly known as 

9 the ‘‘Sisk Act’’) (16 U.S.C. 484a) and shall be available 

10 to the Secretary until expended for the acquisition of 

11 inholdings in national forests in the State of Arizona. 

12 (h) MAPS AND LEGAL DESCRIPTIONS.— 

13 (1) IN GENERAL.—As soon as practicable after 

14 the date of enactment of this Act, the Secretary 

15 shall file maps and legal descriptions of each prop16 erty. 

17 (2) FORCE OF LAW.—The maps and legal de18 scriptions filed under paragraph (1) shall have the 

19 same force and effect as if included in this section, 

20 except that the Secretary may correct typographical 

21 errors in the maps and legal descriptions. 

22 (3) PUBLIC AVAILABILITY.—The maps and 

23 legal descriptions filed under paragraph (1) shall be 

24 on file and available for public inspection in the ofVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
74 

•S 47 PCS

1 fice of the Supervisor of the Coronado National For2 est. 

3 SEC. 1108. DESCHUTES CANYON-STEELHEAD FALLS WIL4 DERNESS STUDY AREA BOUNDARY ADJUST5 MENT, OREGON. 

6 (a) BOUNDARY ADJUSTMENT.—The boundary of the 

7 Deschutes Canyon-Steelhead Falls Wilderness Study Area 

8 is modified to exclude approximately 688 acres of public 

9 land, as depicted on the map entitled ‘‘Deschutes Canyon10 Steelhead Falls Wilderness Study Area (WSA) Proposed 

11 Boundary Adjustment’’ and dated September 26, 2018. 

12 (b) EFFECT OF EXCLUSION.— 

13 (1) IN GENERAL.—The public land excluded 

14 from the Deschutes Canyon-Steelhead Falls Wilder15 ness Study Area under subsection (a)— 

16 (A) is no longer subject to section 603(c) 

17 of the Federal Land Policy and Management 

18 Act of 1976 (43 U.S.C. 1782(c)); and 

19 (B) shall be managed in accordance with— 

20 (i) this section; 

21 (ii) the Federal Land Policy and Man22 agement Act of 1976 (43 U.S.C. 1701 et 

23 seq.); and 

24 (iii) any applicable resource manage25 ment plan. 


kjohnson on DSK79L0C42 with BILLS
75 

•S 47 PCS

1 (2) MANAGEMENT.—The Secretary shall man2 age the land excluded from the Deschutes Canyon3 Steelhead Falls Wilderness Study Area under sub4 section (a) to improve fire resiliency and forest 

5 health, including the conduct of wildfire prevention 

6 and response activities, as appropriate. 

7 (3) OFF-ROAD RECREATIONAL MOTORIZED

8 USE.—The Secretary shall not permit off-road rec9 reational motorized use on the public land excluded 

10 from the Deschutes Canyon-Steelhead Falls Wilder11 ness Study Area under subsection (a). 

12 SEC. 1109. MAINTENANCE OF FEDERAL MINERAL LEASES 

13 BASED ON EXTRACTION OF HELIUM. 

14 The first section of the Mineral Leasing Act (30 

15 U.S.C. 181) is amended in the fifth paragraph by insert16 ing after ‘‘purchaser thereof’’ the following: ‘‘, and that 

17 extraction of helium from gas produced from such lands 

18 shall maintain the lease as if the extracted helium were 

19 oil and gas’’. 

20 SEC. 1110. SMALL MINER WAIVERS TO CLAIM MAINTE21 NANCE FEES. 

22 (a) DEFINITIONS.—In this section: 

23 (1) COVERED CLAIMHOLDER.—The term ‘‘cov24 ered claimholder’’ means— 


kjohnson on DSK79L0C42 with BILLS
76 

•S 47 PCS

1 (A) the claimholder of the claims in the 

2 State numbered AA023149, AA023163, 

3 AA047913, AA047914, AA047915, AA047916, 

4 AA047917, AA047918, and AA047919 (as of 

5 December 29, 2004); 

6 (B) the claimholder of the claim in the 

7 State numbered FF–059315 (as of December 

8 29, 2004); 

9 (C) the claimholder of the claims in the 

10 State numbered FF–58607, FF–58608, FF– 

11 58609, FF–58610, FF–58611, FF–58613, 

12 FF–58615, FF–58616, FF–58617, and FF– 

13 58618 (as of December 31, 2003); and 

14 (D) the claimholder of the claims in the 

15 State numbered FF–53988, FF–53989, and 

16 FF–53990 (as of December 31, 1987). 

17 (2) DEFECT.—The term ‘‘defect’’ includes a 

18 failure— 

19 (A) to timely file— 

20 (i) a small miner maintenance fee 

21 waiver application; 

22 (ii) an affidavit of annual labor associ23 ated with a small miner maintenance fee 

24 waiver application; or 


kjohnson on DSK79L0C42 with BILLS
77 

•S 47 PCS

1 (iii) an instrument required under sec2 tion 314(a) of the Federal Land Policy 

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

4 1744(a)); and 

5 (B) to pay the required application fee for 

6 a small maintenance fee waiver application. 

7 (3) STATE.—The term ‘‘State’’ means the State 

8 of Alaska. 

9 (b) TREATMENT OF COVERED CLAIMHOLDERS.— 

10 Notwithstanding section 10101(d) of the Omnibus Budget 

11 Reconciliation Act of 1993 (30 U.S.C. 28f(d)) and section 

12 314(c) of the Federal Land Policy and Management Act 

13 of 1976 (43 U.S.C. 1744(c)), each covered claimholder 

14 shall, during the 60-day period beginning on the date on 

15 which the covered claimholder receives written notification 

16 from the Bureau of Land Management by registered mail 

17 of the opportunity, have the opportunity— 

18 (1)(A) to cure any defect in a small miner 

19 maintenance fee waiver application (including the 

20 failure to timely file a small miner maintenance fee 

21 waiver application) for any prior period during which 

22 the defect existed; or 

23 (B) to pay any claim maintenance fees due for 

24 any prior period during which the defect existed; and 


kjohnson on DSK79L0C42 with BILLS
78 

•S 47 PCS

1 (2) to cure any defect in the filing of any in2 strument required under section 314(a) of the Fed3 eral Land Policy and Management Act of 1976 (43 

4 U.S.C. 1744(a)) (including the failure to timely file 

5 any required instrument) for any prior period during 

6 which the defect existed. 

7 (c) REINSTATEMENT OF CLAIMS DEEMED FOR8 FEITED.—The Secretary shall reinstate any claim of a 

9 covered claimholder as of the date declared forfeited and 

10 void— 

11 (1) under section 10104 of the Omnibus Budg12 et Reconciliation Act of 1993 (30 U.S.C. 28i) for 

13 failure to pay the claim maintenance fee or obtain 

14 a valid waiver under section 10101 of the Omnibus 

15 Budget Reconciliation Act of 1993 (30 U.S.C. 28f); 

16 or 

17 (2) under section 314(c) of the Federal Land 

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

19 1744(c)) for failure to file any instrument required 

20 under section 314(a) of that Act (43 U.S.C. 

21 1744(a)) for any prior period during which the de22 fect existed if the covered claimholder— 

23 (A) cures the defect; or 

24 (B) pays the claim maintenance fee under 

25 subsection (b)(1)(B). 


kjohnson on DSK79L0C42 with BILLS
79 

•S 47 PCS

1 SEC. 1111. SAINT FRANCIS DAM DISASTER NATIONAL ME2 MORIAL AND NATIONAL MONUMENT. 

3 (a) DEFINITIONS.—In this section: 

4 (1) MEMORIAL.—The term ‘‘Memorial’’ means 

5 the Saint Francis Dam Disaster National Memorial 

6 authorized under subsection (b)(1). 

7 (2) MONUMENT.—The term ‘‘Monument’’ 

8 means the Saint Francis Dam Disaster National 

9 Monument established by subsection (d)(1). 

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

11 the Secretary of Agriculture. 

12 (4) STATE.—The term ‘‘State’’ means the State 

13 of California. 

14 (b) SAINT FRANCIS DAM DISASTER NATIONAL ME15 MORIAL.— 

16 (1) ESTABLISHMENT.—The Secretary may es17 tablish a memorial at the Saint Francis Dam site in 

18 the county of Los Angeles, California, for the pur19 pose of honoring the victims of the Saint Francis 

20 Dam disaster of March 12, 1928. 

21 (2) REQUIREMENTS.—The Memorial shall be— 

22 (A) known as the ‘‘Saint Francis Dam 

23 Disaster National Memorial’’; and 

24 (B) managed by the Forest Service. 

25 (3) DONATIONS.—The Secretary may accept, 

26 hold, administer, invest, and spend any gift, devise, 


kjohnson on DSK79L0C42 with BILLS
80 

•S 47 PCS

1 or bequest of real or personal property made to the 

2 Secretary for purposes of developing, designing, con3 structing, and managing the Memorial. 

4 (c) RECOMMENDATIONS FOR MEMORIAL.— 

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

6 the date of enactment of this Act, the Secretary 

7 shall submit to Congress recommendations regard8 ing— 

9 (A) the planning, design, construction, and 

10 long-term management of the Memorial; 

11 (B) the proposed boundaries of the Memo12 rial; 

13 (C) a visitor center and educational facili14 ties at the Memorial; and 

15 (D) ensuring public access to the Memo16 rial. 

17 (2) CONSULTATION.—In preparing the rec18 ommendations required under paragraph (1), the 

19 Secretary shall consult with— 

20 (A) appropriate Federal agencies; 

21 (B) State, Tribal, and local governments, 

22 including the Santa Clarita City Council; and 

23 (C) the public. 

24 (d) ESTABLISHMENT OF SAINT FRANCIS DAM DIS25 ASTER NATIONAL MONUMENT.— 


kjohnson on DSK79L0C42 with BILLS
81 

•S 47 PCS

1 (1) ESTABLISHMENT.—There is established as 

2 a national monument in the State certain National 

3 Forest System land administered by the Secretary in 

4 the county of Los Angeles, California, comprising 

5 approximately 353 acres, as generally depicted on 

6 the map entitled ‘‘Proposed Saint Francis Dam Dis7 aster National Monument’’ and dated September 12, 

8 2018, to be known as the ‘‘Saint Francis Dam Dis9 aster National Monument’’. 

10 (2) PURPOSE.—The purpose of the Monument 

11 is to conserve and enhance for the benefit and enjoy12 ment of the public the cultural, archaeological, his13 torical, watershed, educational, and recreational re14 sources and values of the Monument. 

15 (e) DUTIES OF THE SECRETARY WITH RESPECT TO

16 MONUMENT.— 

17 (1) MANAGEMENT PLAN.— 

18 (A) IN GENERAL.—Not later than 4 years 

19 after the date of enactment of this Act, the Sec20 retary shall develop a management plan for the 

21 Monument. 

22 (B) CONSULTATION.—The management 

23 plan shall be developed in consultation with— 

24 (i) appropriate Federal agencies; 


kjohnson on DSK79L0C42 with BILLS
82 

•S 47 PCS

1 (ii) State, Tribal, and local govern2 ments; and 

3 (iii) the public. 

4 (C) CONSIDERATIONS.—In developing and 

5 implementing the management plan, the Sec6 retary shall, with respect to methods of pro7 tecting and providing access to the Monument, 

8 consider the recommendations of the Saint 

9 Francis Disaster National Memorial Founda10 tion, the Santa Clarita Valley Historical Soci11 ety, and the Community Hiking Club of Santa 

12 Clarita. 

13 (2) MANAGEMENT.—The Secretary shall man14 age the Monument— 

15 (A) in a manner that conserves and en16 hances the cultural and historic resources of the 

17 Monument; and 

18 (B) in accordance with— 

19 (i) the Forest and Rangeland Renew20 able Resources Planning Act of 1974 (16 

21 U.S.C. 1600 et seq.); 

22 (ii) the laws generally applicable to 

23 the National Forest System; 

24 (iii) this section; and 

25 (iv) any other applicable laws. 


kjohnson on DSK79L0C42 with BILLS
83 

•S 47 PCS

1 (3) USES.— 

2 (A) USE OF MOTORIZED VEHICLES.—The 

3 use of motorized vehicles within the Monument 

4 may be permitted only— 

5 (i) on roads designated for use by mo6 torized vehicles in the management plan 

7 required under paragraph (1); 

8 (ii) for administrative purposes; or 

9 (iii) for emergency responses. 

10 (B) GRAZING.—The Secretary shall permit 

11 grazing within the Monument, where estab12 lished before the date of enactment of this 

13 Act— 

14 (i) subject to all applicable laws (in15 cluding regulations and Executive orders); 

16 and 

17 (ii) consistent with the purpose de18 scribed in subsection (d)(2). 

19 (4) NO BUFFER ZONES.— 

20 (A) IN GENERAL.—Nothing in this section 

21 creates a protective perimeter or buffer zone 

22 around the Monument. 

23 (B) ACTIVITIES OUTSIDE NATIONAL MONU24 MENT.—The fact that an activity or use on 

25 land outside the Monument can be seen or 


kjohnson on DSK79L0C42 with BILLS
84 

•S 47 PCS

1 heard within the Monument shall not preclude 

2 the activity or use outside the boundary of the 

3 Monument. 

4 (f) CLARIFICATION ON FUNDING.— 

5 (1) USE OF EXISTING FUNDS.—This section 

6 shall be carried out using amounts otherwise made 

7 available to the Secretary. 

8 (2) NO ADDITIONAL FUNDS.—No additional 

9 funds are authorized to be appropriated to carry out 

10 this section. 

11 SEC. 1112. OWYHEE WILDERNESS AREAS BOUNDARY MODI12 FICATIONS. 

13 (a) BOUNDARY MODIFICATIONS.— 

14 (1) NORTH FORK OWYHEE WILDERNESS.—The 

15 boundary of the North Fork Owyhee Wilderness es16 tablished by section 1503(a)(1)(D) of the Omnibus 

17 Public Land Management Act of 2009 (Public Law 

18 111–11; 123 Stat. 1033) is modified to exclude cer19 tain land, as depicted on— 

20 (A) the Bureau of Land Management map 

21 entitled ‘‘North Fork Owyhee and Pole Creek 

22 Wilderness Aerial’’ and dated July 19, 2016; 

23 and 

24 (B) the Bureau of Land Management map 

25 entitled ‘‘North Fork Owyhee River Wilderness 


kjohnson on DSK79L0C42 with BILLS
85 

•S 47 PCS

1 Big Springs Camp Zoom Aerial’’ and dated 

2 July 19, 2016. 

3 (2) OWYHEE RIVER WILDERNESS.—The bound4 ary of the Owyhee River Wilderness established by 

5 section 1503(a)(1)(E) of the Omnibus Public Land 

6 Management Act of 2009 (Public Law 111–11; 123 

7 Stat. 1033) is modified to exclude certain land, as 

8 depicted on— 

9 (A) the Bureau of Land Management map 

10 entitled ‘‘North Fork Owyhee, Pole Creek, and 

11 Owyhee River Wilderness Aerial’’ and dated 

12 July 19, 2016; 

13 (B) the Bureau of Land Management map 

14 entitled ‘‘Owyhee River Wilderness Kincaid 

15 Reservoir Zoom Aerial’’ and dated July 19, 

16 2016; and 

17 (C) the Bureau of Land Management map 

18 entitled ‘‘Owyhee River Wilderness Dickshooter 

19 Road Zoom Aerial’’ and dated July 19, 2016. 

20 (3) POLE CREEK WILDERNESS.—The boundary 

21 of the Pole Creek Wilderness established by section 

22 1503(a)(1)(F) of the Omnibus Public Land Manage23 ment Act of 2009 (Public Law 111–11; 123 Stat. 

24 1033) is modified to exclude certain land, as de25 picted on— 


kjohnson on DSK79L0C42 with BILLS
86 

•S 47 PCS

1 (A) the Bureau of Land Management map 

2 entitled ‘‘North Fork Owyhee, Pole Creek, and 

3 Owyhee River Wilderness Aerial’’ and dated 

4 July 19, 2016; and 

5 (B) the Bureau of Land Management map 

6 entitled ‘‘Pole Creek Wilderness Pullout Zoom 

7 Aerial’’ and dated July 19, 2016. 

8 (b) MAPS.— 

9 (1) EFFECT.—The maps referred to in sub10 section (a) shall have the same force and effect as 

11 if included in this Act, except that the Secretary 

12 may correct minor errors in the maps. 

13 (2) AVAILABILITY.—The maps referred to in 

14 subsection (a) shall be available in the appropriate 

15 offices of the Bureau of Land Management. 

16 SEC. 1113. CHUGACH REGION LAND STUDY. 

17 (a) DEFINITIONS.—In this section: 

18 (1) CAC.—The term ‘‘CAC’’ means the Chu19 gach Alaska Corporation. 

20 (2) CAC LAND.—The term ‘‘CAC land’’ means 

21 land conveyed to CAC pursuant to the Alaska Native 

22 Claims Settlement Act (43 U.S.C. 1601 et seq.) 

23 under which— 

24 (A) both the surface estate and the sub25 surface estate were conveyed to CAC; or 


kjohnson on DSK79L0C42 with BILLS
87 

•S 47 PCS

1 (B)(i) the subsurface estate was conveyed 

2 to CAC; and 

3 (ii) the surface estate or a conservation 

4 easement in the surface estate was acquired by 

5 the State or by the United States as part of the 

6 program. 

7 (3) PROGRAM.—The term ‘‘program’’ means 

8 the Habitat Protection and Acquisition Program of 

9 the Exxon Valdez Oil Spill Trustee Council. 

10 (4) REGION.—The term ‘‘Region’’ means the 

11 Chugach Region, Alaska. 

12 (5) STUDY.—The term ‘‘study’’ means the 

13 study conducted under subsection (b)(1). 

14 (b) CHUGACH REGION LAND EXCHANGE STUDY.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date of enactment of this Act, the Secretary, in 

17 coordination with the Secretary of Agriculture and 

18 in consultation with CAC, shall conduct a study of 

19 land ownership and use patterns in the Region. 

20 (2) STUDY REQUIREMENTS.—The study shall— 

21 (A) assess the social and economic impacts 

22 of the program, including impacts caused by 

23 split estate ownership patterns created by Fed24 eral acquisitions under the program, on— 

25 (i) the Region; and 


kjohnson on DSK79L0C42 with BILLS
88 

•S 47 PCS

1 (ii) CAC and CAC land; 

2 (B) identify sufficient acres of accessible 

3 and economically viable Federal land that can 

4 be offered in exchange for CAC land identified 

5 by CAC as available for exchange; and 

6 (C) provide recommendations for land ex7 change options with CAC that would— 

8 (i) consolidate ownership of the sur9 face and mineral estate of Federal land 

10 under the program; and 

11 (ii) convey to CAC Federal land iden12 tified under subparagraph (B). 

13 (c) REPORT.—Not later than 18 months after the 

14 date of enactment of this Act, the Secretary shall submit 

15 to the Committee on Energy and Natural Resources of 

16 the Senate and the Committee on Natural Resources of 

17 the House of Representatives a report describing the re18 sults of the study, including— 

19 (1) a recommendation on options for 1 or more 

20 land exchanges; and 

21 (2) detailed information on— 

22 (A) the acres of Federal land identified for 

23 exchange; and 

24 (B) any other recommendations provided 

25 by the Secretary. 


kjohnson on DSK79L0C42 with BILLS
89 

•S 47 PCS

1 SEC. 1114. WILDFIRE TECHNOLOGY MODERNIZATION. 

2 (a) PURPOSE.—The purpose of this section is to pro3 mote the use of the best available technology to enhance 

4 the effective and cost-efficient response to wildfires— 

5 (1) to meet applicable protection objectives; and 

6 (2) to increase the safety of— 

7 (A) firefighters; and 

8 (B) the public. 

9 (b) DEFINITIONS.—In this section: 

10 (1) SECRETARIES.—The term ‘‘Secretaries’’ 

11 means— 

12 (A) the Secretary of Agriculture; and 

13 (B) the Secretary. 

14 (2) SECRETARY CONCERNED.—The term ‘‘Sec15 retary concerned’’ means— 

16 (A) the Secretary of Agriculture, with re17 spect to activities under the Department of Ag18 riculture; and 

19 (B) the Secretary, with respect to activities 

20 under the Department of the Interior. 

21 (c) UNMANNED AIRCRAFT SYSTEMS.— 

22 (1) DEFINITIONS.—In this subsection, the 

23 terms ‘‘unmanned aircraft’’ and ‘‘unmanned aircraft 

24 system’’ have the meanings given those terms in sec25 tion 44801 of title 49, United States Code. 


kjohnson on DSK79L0C42 with BILLS
90 

•S 47 PCS

1 (2) ESTABLISHMENT OF PROGRAM.—Not later 

2 than 180 days after the date of enactment of this 

3 Act, the Secretary, in consultation with the Sec4 retary of Agriculture, shall establish a research, de5 velopment, and testing program, or expand an appli6 cable existing program, to assess unmanned aircraft 

7 system technologies, including optionally piloted air8 craft, across the full range of wildland fire manage9 ment operations in order to accelerate the deploy10 ment and integration of those technologies into the 

11 operations of the Secretaries. 

12 (3) EXPANDING USE OF UNMANNED AIRCRAFT

13 SYSTEMS ON WILDFIRES.—In carrying out the pro14 gram established under paragraph (2), the Secre15 taries, in coordination with the Federal Aviation Ad16 ministration, State wildland firefighting agencies, 

17 and other relevant Federal agencies, shall enter into 

18 an agreement under which the Secretaries shall de19 velop consistent protocols and plans for the use on 

20 wildland fires of unmanned aircraft system tech21 nologies, including for the development of real-time 

22 maps of the location of wildland fires. 

23 (d) LOCATION SYSTEMS FOR WILDLAND FIRE24 FIGHTERS.— 


kjohnson on DSK79L0C42 with BILLS
91 

•S 47 PCS

1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, subject to the 

3 availability of appropriations, the Secretaries, in co4 ordination with State wildland firefighting agencies, 

5 shall jointly develop and operate a tracking system 

6 (referred to in this subsection as the ‘‘system’’) to 

7 remotely locate the positions of fire resources for use 

8 by wildland firefighters, including, at a minimum, 

9 any fire resources assigned to Federal type 1 

10 wildland fire incident management teams. 

11 (2) REQUIREMENTS.—The system shall— 

12 (A) use the most practical and effective 

13 technology available to the Secretaries to re14 motely track the location of an active resource, 

15 such as a Global Positioning System; 

16 (B) depict the location of each fire re17 source on the applicable maps developed under 

18 subsection (c)(3); 

19 (C) operate continuously during the period 

20 for which any firefighting personnel are as21 signed to the applicable Federal wildland fire; 

22 and 

23 (D) be subject to such terms and condi24 tions as the Secretary concerned determines 


kjohnson on DSK79L0C42 with BILLS
92 

•S 47 PCS

1 necessary for the effective implementation of 

2 the system. 

3 (3) OPERATION.—The Secretary concerned 

4 shall— 

5 (A) before commencing operation of the 

6 system— 

7 (i) conduct not fewer than 2 pilot 

8 projects relating to the operation, manage9 ment, and effectiveness of the system; and 

10 (ii) review the results of those pilot 

11 projects; 

12 (B) conduct training, and maintain a cul13 ture, such that an employee, officer, or con14 tractor shall not rely on the system for safety; 

15 and 

16 (C) establish procedures for the collection, 

17 storage, and transfer of data collected under 

18 this subsection to ensure— 

19 (i) data security; and 

20 (ii) the privacy of wildland fire per21 sonnel. 

22 (e) WILDLAND FIRE DECISION SUPPORT.— 

23 (1) PROTOCOL.—To the maximum extent prac24 ticable, the Secretaries shall ensure that wildland 

25 fire management activities conducted by the SecreVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
93 

•S 47 PCS

1 taries, or conducted jointly by the Secretaries and 

2 State wildland firefighting agencies, achieve compli3 ance with applicable incident management objectives 

4 in a manner that— 

5 (A) minimizes firefighter exposure to the 

6 lowest level necessary; and 

7 (B) reduces overall costs of wildfire inci8 dents. 

9 (2) WILDFIRE DECISION SUPPORT SYSTEM.— 

10 (A) IN GENERAL.—The Secretaries, in co11 ordination with State wildland firefighting 

12 agencies, shall establish a system or expand an 

13 existing system to track and monitor decisions 

14 made by the Secretaries or State wildland fire15 fighting agencies in managing wildfires. 

16 (B) COMPONENTS.—The system estab17 lished or expanded under subparagraph (A) 

18 shall be able to alert the Secretaries if— 

19 (i) unusual costs are incurred; 

20 (ii) an action to be carried out would 

21 likely— 

22 (I) endanger the safety of a fire23 fighter; or 


kjohnson on DSK79L0C42 with BILLS
94 

•S 47 PCS

1 (II) be ineffective in meeting an 

2 applicable suppression or protection 

3 goal; or 

4 (iii) a decision regarding the manage5 ment of a wildfire deviates from— 

6 (I) an applicable protocol estab7 lished by the Secretaries, including 

8 the requirement under paragraph (1); 

9 or 

10 (II) an applicable spatial fire 

11 management plan or fire management 

12 plan of the Secretary concerned. 

13 (f) SMOKE PROJECTIONS FROM ACTIVE WILDLAND

14 FIRES.—The Secretaries shall establish a program, to be 

15 known as the ‘‘Interagency Wildland Fire Air Quality Re16 sponse Program’’, under which the Secretary concerned— 

17 (1) to the maximum extent practicable, shall as18 sign 1 or more air resource advisors to a type 1 inci19 dent management team managing a Federal 

20 wildland fire; and 

21 (2) may assign 1 or more air resource advisors 

22 to a type 2 incident management team managing a 

23 wildland fire. 

24 (g) FIREFIGHTER INJURIES DATABASE.— 


kjohnson on DSK79L0C42 with BILLS
95 

•S 47 PCS

1 (1) IN GENERAL.—Section 9(a) of the Federal 

2 Fire Prevention and Control Act of 1974 (15 U.S.C. 

3 2208(a)) is amended— 

4 (A) in paragraph (2), by inserting ‘‘, cat5 egorized by the type of fire’’ after ‘‘such inju6 ries and deaths’’; and 

7 (B) in paragraph (3), by striking ‘‘activi8 ties;’’ and inserting the following: ‘‘activities, in9 cluding— 

10 ‘‘(A) all injuries sustained by a firefighter 

11 and treated by a doctor, categorized by the type 

12 of firefighter; 

13 ‘‘(B) all deaths sustained while undergoing 

14 a pack test or preparing for a work capacity; 

15 ‘‘(C) all injuries or deaths resulting from 

16 vehicle accidents; and 

17 ‘‘(D) all injuries or deaths resulting from 

18 aircraft crashes;’’. 

19 (2) USE OF EXISTING DATA GATHERING AND

20 ANALYSIS ORGANIZATIONS.—Section 9(b)(3) of the 

21 Federal Fire Prevention and Control Act of 1974 

22 (15 U.S.C. 2208(b)(3)) is amended by inserting ‘‘, 

23 including the Center for Firefighter Injury Research 

24 and Safety Trends’’ after ‘‘public and private’’. 


kjohnson on DSK79L0C42 with BILLS
96 

•S 47 PCS

1 (3) MEDICAL PRIVACY OF FIREFIGHTERS.— 

2 Section 9 of the Federal Fire Prevention and Con3 trol Act of 1974 (15 U.S.C. 2208) is amended by 

4 adding at the end the following: 

5 ‘‘(e) MEDICAL PRIVACY OF FIREFIGHTERS.—The 

6 collection, storage, and transfer of any medical data col7 lected under this section shall be conducted in accordance 

8 with— 

9 ‘‘(1) the privacy regulations promulgated under 

10 section 264(c) of the Health Insurance Portability 

11 and Accountability Act of 1996 (42 U.S.C. 1320d– 

12 2 note; Public Law 104–191); and 

13 ‘‘(2) other applicable regulations, including 

14 parts 160, 162, and 164 of title 45, Code of Federal 

15 Regulations (as in effect on the date of enactment 

16 of this subsection).’’. 

17 (h) RAPID RESPONSE EROSION DATABASE.— 

18 (1) IN GENERAL.—The Secretaries, in consulta19 tion with the Administrator of the National Aero20 nautics and Space Administration and the Secretary 

21 of Commerce, shall establish and maintain a data22 base, to be known as the ‘‘Rapid Response Erosion 

23 Database’’ (referred to in this subsection as the 

24 ‘‘Database’’). 

25 (2) OPEN-SOURCE DATABASE.— 


kjohnson on DSK79L0C42 with BILLS
97 

•S 47 PCS

1 (A) AVAILABILITY.—The Secretaries shall 

2 make the Database (including the original 

3 source code)— 

4 (i) web-based; and 

5 (ii) available without charge. 

6 (B) COMPONENTS.—To the maximum ex7 tent practicable, the Database shall provide 

8 for— 

9 (i) the automatic incorporation of spa10 tial data relating to vegetation, soils, and 

11 elevation into an applicable map created by 

12 the Secretary concerned that depicts the 

13 changes in land-cover and soil properties 

14 caused by a wildland fire; and 

15 (ii) the generation of a composite map 

16 that can be used by the Secretary con17 cerned to model the effectiveness of treat18 ments in the burned area to prevent flood19 ing, erosion, and landslides under a range 

20 of weather scenarios. 

21 (3) USE.—The Secretary concerned shall use 

22 the Database, as applicable, in developing rec23 ommendations for emergency stabilization treat24 ments or modifications to drainage structures to 

25 protect values-at-risk following a wildland fire. 


kjohnson on DSK79L0C42 with BILLS
98 

•S 47 PCS

1 (4) COORDINATION.—The Secretaries may 

2 share the Database, and any results generated in 

3 using the Database, with any State or unit of local 

4 government. 

5 (i) PREDICTING WHERE WILDFIRES WILL START.— 

6 (1) IN GENERAL.—The Secretaries, in consulta7 tion with the Administrator of the National Aero8 nautics and Space Administration, the Secretary of 

9 Energy, and the Secretary of Commerce, through 

10 the capabilities and assets located at the National 

11 Laboratories, shall establish and maintain a system 

12 to predict the locations of future wildfires for fire13 prone areas of the United States. 

14 (2) COOPERATION; COMPONENTS.—The system 

15 established under paragraph (1) shall be based on, 

16 and seek to enhance, similar systems in existence on 

17 the date of enactment of this Act, including the Fire 

18 Danger Assessment System. 

19 (3) USE IN FORECASTS.—Not later than 1 year 

20 after the date of enactment of this Act, the Secre21 taries shall use the system established under para22 graph (1), to the maximum extent practicable, for 

23 purposes of developing any wildland fire potential 

24 forecasts. 


kjohnson on DSK79L0C42 with BILLS
99 

•S 47 PCS

1 (4) COORDINATION.—The Secretaries may 

2 share the system established under paragraph (1), 

3 and any results generated in using the system, with 

4 any State or unit of local government. 

5 (j) TERMINATION OF AUTHORITY.—The authority 

6 provided by this section terminates on the date that is 10 

7 years after the date of enactment of this Act. 

8 (k) SAVINGS CLAUSE.—Nothing in this section— 

9 (1) requires the Secretary concerned to estab10 lish a new program, system, or database to replace 

11 an existing program, system, or database that meets 

12 the objectives of this section; or 

13 (2) precludes the Secretary concerned from 

14 using existing or future technology that— 

15 (A) is more efficient, safer, or better meets 

16 the needs of firefighters, other personnel, or the 

17 public; and 

18 (B) meets the objectives of this section. 

19 SEC. 1115. MCCOY FLATS TRAIL SYSTEM. 

20 (a) DEFINITIONS.—In this section: 

21 (1) COUNTY.—The term ‘‘County’’ means 

22 Uintah County, Utah. 

23 (2) DECISION RECORD.—The term ‘‘Decision 

24 Record’’ means the Decision Record prepared by the 

25 Bureau of Land Management for the Environmental 


kjohnson on DSK79L0C42 with BILLS
100 

•S 47 PCS

1 Assessment for the McCoy Flats Trail System num2 bered DOI-BLM-G010-2012-0057 and dated Octo3 ber 2012. 

4 (3) STATE.—The term ‘‘State’’ means the State 

5 of Utah. 

6 (4) TRAIL SYSTEM.—The term ‘‘Trail System’’ 

7 means the McCoy Flats Trail System established by 

8 subsection (b)(1). 

9 (b) ESTABLISHMENT.— 

10 (1) IN GENERAL.—Subject to valid existing 

11 rights, there is established the McCoy Flats Trail 

12 System in the State. 

13 (2) AREA INCLUDED.—The Trail System shall 

14 include public land administered by the Bureau of 

15 Land Management in the County, as described in 

16 the Decision Record. 

17 (c) MAP AND LEGAL DESCRIPTION.— 

18 (1) IN GENERAL.—As soon as practicable after 

19 the date of enactment of this Act, the Secretary 

20 shall prepare a map and legal description of the 

21 Trail System. 

22 (2) AVAILABILITY; TRANSMITTAL TO CON23 GRESS.—The map and legal description prepared 

24 under paragraph (1) shall be— 


kjohnson on DSK79L0C42 with BILLS
101 

•S 47 PCS

1 (A) available in appropriate offices of the 

2 Bureau of Land Management; and 

3 (B) transmitted by the Secretary to— 

4 (i) the Committee on Natural Re5 sources of the House of Representatives; 

6 and 

7 (ii) the Committee on Energy and 

8 Natural Resources of the Senate. 

9 (3) FORCE AND EFFECT.—The map and legal 

10 description prepared under paragraph (1) shall have 

11 the same force and effect as if included in this sec12 tion, except that the Secretary may correct any cler13 ical or typographical errors in the map and legal de14 scription. 

15 (d) ADMINISTRATION.—The Secretary shall admin16 ister the Trail System in accordance with— 

17 (1) the Federal Land Policy and Management 

18 Act of 1976 (43 U.S.C. 1701 et seq.); 

19 (2) this section; and 

20 (3) other applicable law. 

21 (e) MANAGEMENT PLAN.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of enactment of this Act, the Secretary, in 

24 consultation and coordination with the County and 


kjohnson on DSK79L0C42 with BILLS
102 

•S 47 PCS

1 affected Indian Tribes, shall prepare a management 

2 plan for the Trail System. 

3 (2) PUBLIC COMMENT.—The management plan 

4 shall be developed with opportunities for public com5 ment. 

6 (3) INTERIM MANAGEMENT.—Until the comple7 tion of the management plan, the Trail System shall 

8 be administered in accordance with the Decision 

9 Record. 

10 (4) RECREATIONAL OPPORTUNITIES.—In devel11 oping the management plan, the Secretary shall seek 

12 to provide for new mountain bike route and trail 

13 construction to increase recreational opportunities 

14 within the Trail System, consistent with this section. 

15 (f) USES.—The Trail System shall be used for non16 motorized mountain bike recreation, as described in the 

17 Decision Record. 

18 (g) ACQUISITION.— 

19 (1) IN GENERAL.—On the request of the State, 

20 the Secretary shall seek to acquire State land, or in21 terests in State land, located within the Trail Sys22 tem by purchase from a willing seller or exchange. 

23 (2) ADMINISTRATION OF ACQUIRED LAND.— 

24 Any land acquired under this subsection shall be ad25 ministered as part of the Trail System. 


kjohnson on DSK79L0C42 with BILLS
103 

•S 47 PCS

1 (h) FEES.—No fees shall be charged for access to, 

2 or use of, the Trail System and associated parking areas. 

3 SEC. 1116. TECHNICAL CORRECTIONS TO CERTAIN LAWS 

4 RELATING TO FEDERAL LAND IN THE STATE 

5 OF NEVADA. 

6 (a) AMENDMENT TO CONVEYANCE OF FEDERAL

7 LAND IN STOREY COUNTY, NEVADA.—Section 3009(d) of 

8 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

9 Defense Authorization Act for Fiscal Year 2015 (Public 

10 Law 113–291; 128 Stat. 3751) is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking subparagraphs (B) through 

13 (D) and redesignating subparagraph (E) as 

14 subparagraph (D); and 

15 (B) by inserting after subparagraph (A) 

16 the following: 

17 ‘‘(B) FEDERAL LAND.—The term ‘Federal 

18 land’ means the land generally depicted as 

19 ‘Federal land’ on the map. 

20 ‘‘(C) MAP.—The term ‘map’ means the 

21 map entitled ‘Storey County Land Conveyance’ 

22 and dated June 6, 2018.’’. 

23 (2) in paragraph (3)— 

24 (A) in subparagraph (A)(i), by striking 

25 ‘‘after completing the mining claim validity reVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
104 

•S 47 PCS

1 view under paragraph (2)(B), if requested by 

2 the County,’’; and 

3 (B) in subparagraph (B)— 

4 (i) in clause (i)— 

5 (I) in the matter preceding sub6 clause (I), by striking ‘‘each parcel of 

7 land located in a mining townsite’’ 

8 and inserting ‘‘any Federal land’’; 

9 (II) in subclause (I), by striking 

10 ‘‘mining townsite’’ and inserting 

11 ‘‘Federal land’’; and 

12 (III) in subclause (II), by strik13 ing ‘‘mining townsite (including im14 provements to the mining townsite), 

15 as identified for conveyance on the 

16 map’’ and inserting ‘‘Federal land (in17 cluding improvements)’’; 

18 (ii) by striking clause (ii); 

19 (iii) by striking the subparagraph des20 ignation and heading and all that follows 

21 through ‘‘With respect’’ in the matter pre22 ceding subclause (I) of clause (i) and in23 serting the following: 

24 ‘‘(B) VALID MINING CLAIMS.—With re25 spect’’; and 


kjohnson on DSK79L0C42 with BILLS
105 

•S 47 PCS

1 (iv) by redesignating subclauses (I) 

2 and (II) as clauses (i) and (ii), respec3 tively, and indenting appropriately; 

4 (3) in paragraph (4)(A), by striking ‘‘a mining 

5 townsite conveyed under paragraph (3)(B)(i)(II)’’ 

6 and inserting ‘‘Federal land conveyed under para7 graph (2)(B)(ii)’’; 

8 (4) in paragraph (5), by striking ‘‘a mining 

9 townsite under paragraph (3)’’ and inserting ‘‘Fed10 eral land under paragraph (2)’’; 

11 (5) in paragraph (6), in the matter preceding 

12 subparagraph (A), by striking ‘‘mining townsite’’ 

13 and inserting ‘‘Federal land’’; 

14 (6) in paragraph (7), by striking ‘‘A mining 

15 townsite to be conveyed by the United States under 

16 paragraph (3)’’ and inserting ‘‘The exterior bound17 ary of the Federal land to be conveyed by the United 

18 States under paragraph (2)’’; 

19 (7) in paragraph (9)— 

20 (A) by striking ‘‘a mining townsite under 

21 paragraph (3)’’ and inserting ‘‘the Federal land 

22 under paragraph (2)’’; and 

23 (B) by striking ‘‘the mining townsite’’ and 

24 inserting ‘‘the Federal land’’; 


kjohnson on DSK79L0C42 with BILLS
106 

•S 47 PCS

1 (8) in paragraph (10), by striking ‘‘the exam2 ination’’ and all that follows through the period at 

3 the end and inserting ‘‘the conveyance under para4 graph (2) should be completed by not later than 18 

5 months after the date of enactment of the Natural 

6 Resources Management Act.’’; 

7 (9) by striking paragraphs (2) and (8); 

8 (10) by redesignating paragraphs (3) through 

9 (7) and (9) and (10) as paragraphs (2) through (6) 

10 and (7) and (8) respectively; and 

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

12 ‘‘(9) AVAILABILITY OF MAP.—The map shall be 

13 on file and available for public inspection in the ap14 propriate offices of the Bureau of Land Manage15 ment.’’. 

16 (b) MODIFICATION OF UTILITY CORRIDOR.—The 

17 Secretary shall realign the utility corridor established by 

18 section 301(a) of the Lincoln County Conservation, Recre19 ation, and Development Act of 2004 (Public Law 108– 

20 424; 118 Stat. 2412) to be aligned as generally depicted 

21 on the map entitled ‘‘Proposed LCCRDA Utility Corridor 

22 Realignment’’ and dated March 14, 2017, by modifying 

23 the map entitled ‘‘Lincoln County Conservation, Recre24 ation, and Development Act’’ (referred to in this sub25 section as the ‘‘Map’’) and dated October 1, 2004, by— 


kjohnson on DSK79L0C42 with BILLS
107 

•S 47 PCS

1 (1) removing the utility corridor from sections 

2 5, 6, 7, 8, 9, 10, 11, 14, and 15, T. 7 N., R. 68 

3 E., of the Map; and 

4 (2) redesignating the utility corridor so as to 

5 appear on the Map in— 

6 (A) sections 31, 32, and 33, T. 8 N., R. 

7 68 E.; 

8 (B) sections 4, 5, 6, and 7, T. 7 N., R. 68 

9 E.; and 

10 (C) sections 1 and 12, T. 7 N., 67 E. 

11 (c) FINAL CORRECTIVE PATENT IN CLARK COUNTY, 

12 NEVADA.— 

13 (1) VALIDATION OF PATENT.—Patent number 

14 27–2005–0081, issued by the Bureau of Land Man15 agement on February 18, 2005, is affirmed and vali16 dated as having been issued pursuant to, and in 

17 compliance with, the Nevada-Florida Land Ex18 change Authorization Act of 1988 (Public Law 100– 

19 275; 102 Stat. 52), the National Environmental Pol20 icy Act of 1969 (42 U.S.C. 4321 et seq.), and the 

21 Federal Land Policy and Management Act of 1976 

22 (43 U.S.C. 1701 et seq.) for the benefit of the desert 

23 tortoise, other species, and the habitat of the desert 

24 tortoise and other species to increase the likelihood 


kjohnson on DSK79L0C42 with BILLS
108 

•S 47 PCS

1 of the recovery of the desert tortoise and other spe2 cies. 

3 (2) RATIFICATION OF RECONFIGURATION.—The 

4 process used by the United States Fish and Wildlife 

5 Service and the Bureau of Land Management in re6 configuring the land described in paragraph (1), as 

7 depicted on Exhibit 1–4 of the Final Environmental 

8 Impact Statement for the Planned Development 

9 Project MSHCP, Lincoln County, NV (FWS–R8– 

10 ES–2008–N0136), and the reconfiguration provided 

11 for in special condition 10 of the Corps of Engineers 

12 Permit No. 000005042, are ratified. 

13 (d) ISSUANCE OF CORRECTIVE PATENT IN LINCOLN

14 COUNTY, NEVADA.— 

15 (1) IN GENERAL.—The Secretary, acting 

16 through the Director of the Bureau of Land Man17 agement, may issue a corrective patent for the 7,548 

18 acres of land in Lincoln County, Nevada, depicted 

19 on the map prepared by the Bureau of Land Man20 agement entitled ‘‘Proposed Lincoln County Land 

21 Reconfiguration’’ and dated January 28, 2016. 

22 (2) APPLICABLE LAW.—A corrective patent 

23 issued under paragraph (1) shall be treated as 

24 issued pursuant to, and in compliance with, the NeVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
109 

•S 47 PCS

1 vada-Florida Land Exchange Authorization Act of 

2 1988 (Public Law 100–275; 102 Stat. 52). 

3 (e) CONVEYANCE TO LINCOLN COUNTY, NEVADA, TO

4 SUPPORT A LANDFILL.— 

5 (1) IN GENERAL.—As soon as practicable after 

6 the date of enactment of this Act, and subject to 

7 valid existing rights, at the request of Lincoln Coun8 ty, Nevada, the Secretary shall convey without con9 sideration under the Act of June 14, 1926 (com10 monly known as the ‘‘Recreation and Public Pur11 poses Act’’) (44 Stat. 741, chapter 578; 43 U.S.C. 

12 869 et seq.), to Lincoln County all right, title and 

13 interest of the United States in and to approxi14 mately 400 acres of land in Lincoln County, Nevada, 

15 more particularly described as follows: T. 11 S., R. 

62, E., Section 25 E 1⁄2 of W 1⁄2; and W 1 16 ⁄2 of E 

1⁄2; and E 1⁄2 of SE 1 17 ⁄4. 

18 (2) RESERVATION.—The Secretary shall reserve 

19 to the United States the mineral estate in any land 

20 conveyed under paragraph (1). 

21 (3) USE OF CONVEYED LAND.—The land con22 veyed under paragraph (1) shall be used by Lincoln 

23 County, Nevada, to provide a suitable location for 

24 the establishment of a centralized landfill and to 

25 provide a designated area and authorized facilities to 


kjohnson on DSK79L0C42 with BILLS
110 

•S 47 PCS

1 discourage unauthorized dumping and trash disposal 

2 on environmentally-sensitive public land. Lincoln 

3 County may not dispose of the land conveyed under 

4 paragraph (1). 

5 (4) REVERSION.—If Lincoln County, Nevada, 

6 ceases to use any parcel of land conveyed under 

7 paragraph (1) for the purposes described in para8 graph (3)— 

9 (A) title to the parcel shall revert to the 

10 Secretary, at the option of the Secretary; and 

11 (B) Lincoln County shall be responsible for 

12 any reclamation necessary to restore the parcel 

13 to a condition acceptable to the Secretary. 

14 (f) MT. MORIAH WILDERNESS, HIGH SCHELLS WIL15 DERNESS, AND ARC DOME WILDERNESS BOUNDARY AD16 JUSTMENTS.— 

17 (1) AMENDMENTS TO THE PAM WHITE WILDER18 NESS ACT OF 2006.—Section 323 of the Pam White 

19 Wilderness Act of 2006 (16 U.S.C. 1132 note; 120 

20 Stat. 3031) is amended by striking subsection (e) 

21 and inserting the following: 

22 ‘‘(e) MT. MORIAH WILDERNESS ADJUSTMENT.—The 

23 boundary of the Mt. Moriah Wilderness established under 

24 section 2(13) of the Nevada Wilderness Protection Act of 

25 1989 (16 U.S.C. 1132 note) is adjusted to include— 


kjohnson on DSK79L0C42 with BILLS
111 

•S 47 PCS

1 ‘‘(1) the land identified as the ‘Mount Moriah 

2 Wilderness Area’ and ‘Mount Moriah Additions’ on 

3 the map entitled ‘Eastern White Pine County’ and 

4 dated November 29, 2006; and 

5 ‘‘(2) the land identified as ‘NFS Lands’ on the 

6 map entitled ‘Proposed Wilderness Boundary Ad7 justment Mt. Moriah Wilderness Area’ and dated 

8 January 19, 2017. 

9 ‘‘(f) HIGH SCHELLS WILDERNESS ADJUSTMENT.— 

10 The boundary of the High Schells Wilderness established 

11 under subsection (a)(11) is adjusted— 

12 ‘‘(1) to include the land identified as ‘Include 

13 as Wilderness’ on the map entitled ‘McCoy Creek 

14 Adjustment’ and dated November 3, 2014; and 

15 ‘‘(2) to exclude the land identified as ‘NFS 

16 Lands’ on the map entitled ‘Proposed Wilderness 

17 Boundary Adjustment High Schells Wilderness 

18 Area’ and dated January 19, 2017.’’. 

19 (2) AMENDMENTS TO THE NEVADA WILDER20 NESS PROTECTION ACT OF 1989.—The Nevada Wil21 derness Protection Act of 1989 (Public Law 101– 

22 195; 16 U.S.C. 1132 note) is amended by adding at 

23 the end the following: 


kjohnson on DSK79L0C42 with BILLS
112 

•S 47 PCS

1 ‘‘SEC. 12. ARC DOME BOUNDARY ADJUSTMENT. 

2 ‘‘The boundary of the Arc Dome Wilderness estab3 lished under section 2(2) is adjusted to exclude the land 

4 identified as ‘Exclude from Wilderness’ on the map enti5 tled ‘Arc Dome Adjustment’ and dated November 3, 

6 2014.’’. 

7 SEC. 1117. ASHLEY KARST NATIONAL RECREATION AND 

8 GEOLOGIC AREA. 

9 (a) DEFINITIONS.—In this section: 

10 (1) MANAGEMENT PLAN.—The term ‘‘Manage11 ment Plan’’ means the management plan for the 

12 Recreation Area prepared under subsection 

13 (e)(2)(A). 

14 (2) MAP.—The term ‘‘Map’’ means the map en15 titled ‘‘Northern Utah Lands Management Act-Over16 view’’ and dated December 11, 2018. 

17 (3) RECREATION AREA.—The term ‘‘Recreation 

18 Area’’ means the Ashley Karst National Recreation 

19 and Geologic Area established by subsection (b)(1). 

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

21 the Secretary of Agriculture. 

22 (5) STATE.—The term ‘‘State’’ means the State 

23 of Utah. 

24 (b) ESTABLISHMENT.— 


kjohnson on DSK79L0C42 with BILLS
113 

•S 47 PCS

1 (1) IN GENERAL.—Subject to valid existing 

2 rights, there is established the Ashley Karst Na3 tional Recreation and Geologic Area in the State. 

4 (2) AREA INCLUDED.—The Recreation Area 

5 shall consist of approximately 173,163 acres of land 

6 in the Ashley National Forest, as generally depicted 

7 on the Map. 

8 (c) PURPOSES.—The purposes of the Recreation Area 

9 are to conserve and protect the watershed, geological, rec10 reational, wildlife, scenic, natural, cultural, and historic 

11 resources of the Recreation Area. 

12 (d) MAP AND LEGAL DESCRIPTION.— 

13 (1) IN GENERAL.—As soon as practicable after 

14 the date of enactment of this Act, the Secretary 

15 shall prepare and submit to the Committee on Nat16 ural Resources and the Committee on Agriculture of 

17 the House of Representatives and the Committee on 

18 Energy and Natural Resources of the Senate a map 

19 and legal description of the Recreation Area. 

20 (2) EFFECT.—The map and legal description 

21 prepared under paragraph (1) shall have the same 

22 force and effect as if included in this section, except 

23 that the Secretary may correct minor errors in the 

24 map or legal description. 


kjohnson on DSK79L0C42 with BILLS
114 

•S 47 PCS

1 (3) AVAILABILITY.—A copy of the map and 

2 legal description prepared under paragraph (1) shall 

3 be on file and available for public inspection in the 

4 appropriate offices of the Forest Service. 

5 (e) ADMINISTRATION.— 

6 (1) IN GENERAL.—The Secretary shall admin7 ister the Recreation Area in accordance with— 

8 (A) the laws generally applicable to the 

9 National Forest System, including the Forest 

10 and Rangeland Renewable Resources Planning 

11 Act of 1974 (16 U.S.C. 1600 et seq.); 

12 (B) this section; and 

13 (C) any other applicable law. 

14 (2) MANAGEMENT PLAN.— 

15 (A) IN GENERAL.—Not later than 2 years 

16 after the date of enactment of this Act, the Sec17 retary shall prepare a management plan for the 

18 Recreation Area. 

19 (B) CONSULTATION.—The Secretary 

20 shall— 

21 (i) prepare the management plan in 

22 consultation and coordination with Uintah 

23 County, Utah, and affected Indian Tribes; 

24 and 


kjohnson on DSK79L0C42 with BILLS
115 

•S 47 PCS

1 (ii) provide for public input in the 

2 preparation of the management plan. 

3 (f) USES.—The Secretary shall only allow such uses 

4 of the Recreation Area that would— 

5 (1) further the purposes for which the Recre6 ation Area is established; and 

7 (2) promote the long-term protection and man8 agement of the watershed and underground karst 

9 system of the Recreation Area. 

10 (g) MOTORIZED VEHICLES.— 

11 (1) IN GENERAL.—Except as needed for emer12 gency response or administrative purposes, the use 

13 of motorized vehicles in the Recreation Area shall be 

14 permitted only on roads and motorized routes des15 ignated in the Management Plan for the use of mo16 torized vehicles. 

17 (2) NEW ROADS.—No new permanent or tem18 porary roads or other motorized vehicle routes shall 

19 be constructed within the Recreation Area after the 

20 date of enactment of this Act. 

21 (3) EXISTING ROADS.— 

22 (A) IN GENERAL.—Necessary maintenance 

23 or repairs to existing roads designated in the 

24 Management Plan for the use of motorized ve25 hicles, including necessary repairs to keep existVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
116 

•S 47 PCS

1 ing roads free of debris or other safety hazards, 

2 shall be permitted after the date of enactment 

3 of this Act, consistent with the requirements of 

4 this section. 

5 (B) REROUTING.—Nothing in this sub6 section prevents the Secretary from rerouting 

7 an existing road or trail to protect Recreation 

8 Area resources from degradation, or to protect 

9 public safety, as determined to be appropriate 

10 by the Secretary. 

11 (4) OVER SNOW VEHICLES.—Where allowed 

12 prior to the date of enactment of this Act, the Sec13 retary shall authorize the use of snowmobiles and 

14 other over snow vehicles within the Recreation Area 

15 if there is at least 6 inches of snow coverage, subject 

16 to such terms and conditions as the Secretary deter17 mines to be necessary. 

18 (5) APPLICABLE LAW.—Activities authorized 

19 under this subsection shall be consistent with the ap20 plicable forest plan and travel management plan for, 

21 and any law (including regulations) applicable to, 

22 the Ashley National Forest. 

23 (h) WATER INFRASTRUCTURE.— 

24 (1) EXISTING ACCESS.—The designation of the 

25 Recreation Area shall not affect the ability of auVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
117 

•S 47 PCS

1 thorized users to access, operate, and maintain 

2 water infrastructure facilities within the Recreation 

3 Area in accordance with applicable authorizations 

4 and permits. 

5 (2) COOPERATIVE AGREEMENTS.— 

6 (A) IN GENERAL.—The Secretary shall 

7 offer to enter into a cooperative agreement with 

8 authorized users and local governmental entities 

9 to provide, in accordance with any applicable 

10 law (including regulations)— 

11 (i) access, including motorized access, 

12 for repair and maintenance to water infra13 structure facilities within the Recreation 

14 Area, including Whiterocks Reservoir, sub15 ject to such terms and conditions as the 

16 Secretary determines to be necessary; and 

17 (ii) access and maintenance by au18 thorized users and local governmental enti19 ties for the continued delivery of water to 

20 the Ashley Valley if water flows cease or 

21 become diminished due to impairment of 

22 the karst system, subject to such terms 

23 and conditions as the Secretary determines 

24 to be necessary. 


kjohnson on DSK79L0C42 with BILLS
118 

•S 47 PCS

1 (i) GRAZING.—The grazing of livestock in the Recre2 ation Area, where established before the date of enactment 

3 of this Act, shall be allowed to continue, subject to such 

4 reasonable regulations, policies, and practices as the Sec5 retary considers to be necessary in accordance with— 

6 (1) applicable law (including regulations); 

7 (2) the purposes of the Recreation Area; and 

8 (3) the guidelines set forth in the report of the 

9 Committee on Interior and Insular Affairs of the 

10 House of Representatives accompanying H.R. 5487 

11 of the 96th Congress (H. Rept. 96–617). 

12 (j) FISH AND WILDLIFE.—Nothing in this section af13 fects the jurisdiction of the State with respect to the man14 agement of fish and wildlife on Federal land in the State. 

15 (k) WILDLIFE WATER PROJECTS.—The Secretary, in 

16 consultation with the State, may authorize wildlife water 

17 projects (including guzzlers) within the Recreation Area. 

18 (l) WATER RIGHTS.—Nothing in this section— 

19 (1) constitutes an express or implied reservation 

20 by the United States of any water rights with re21 spect to the Recreation Area; 

22 (2) affects any water rights in the State; 

23 (3) affects the use or allocation, in existence on 

24 the date of enactment of this Act, of any water, 

25 water right, or interest in water; 


kjohnson on DSK79L0C42 with BILLS
119 

•S 47 PCS

1 (4) affects any vested absolute or decreed condi2 tional water right in existence on the date of enact3 ment of this Act, including any water right held by 

4 the United States; 

5 (5) affects any interstate water compact in ex6 istence on the date of enactment of this Act; or 

7 (6) shall be considered to be a relinquishment 

8 or reduction of any water rights reserved or appro9 priated by the United States in the State on or be10 fore the date of enactment of this Act. 

11 (m) WITHDRAWAL.—Subject to valid existing rights, 

12 all Federal land in the Recreation Area is withdrawn 

13 from— 

14 (1) all forms of entry, appropriation, and dis15 posal under the public land laws; 

16 (2) location, entry, and patent under the mining 

17 laws; and 

18 (3) operation of the mineral leasing, mineral 

19 materials, and geothermal leasing laws. 

20 (n) VEGETATION MANAGEMENT.—Nothing in this 

21 section prevents the Secretary from conducting vegetation 

22 management projects, including fuels reduction activities, 

23 within the Recreation Area for the purposes of improving 

24 water quality and reducing risks from wildfire. 


kjohnson on DSK79L0C42 with BILLS
120 

•S 47 PCS

1 (o) WILDLAND FIRE OPERATIONS.—Nothing in this 

2 section prohibits the Secretary, in consultation with other 

3 Federal, State, local, and Tribal agencies, as appropriate, 

4 from conducting wildland fire treatment operations or res5 toration operations in the Recreation Area, consistent with 

6 the purposes of this section. 

7 (p) RECREATION FEES.—Except for fees for im8 proved campgrounds, the Secretary is prohibited from col9 lecting recreation entrance or recreation use fees within 

10 the Recreation Area. 

11 (q) COMMUNICATION INFRASTRUCTURE.—Nothing in 

12 this section affects the continued use of, and access to, 

13 communication infrastructure (including necessary up14 grades) within the Recreation Area, in accordance with ap15 plicable authorizations and permits. 

16 (r) NON-FEDERAL LAND.— 

17 (1) IN GENERAL.—Nothing in this section af18 fects non-Federal land or interests in non-Federal 

19 land within the Recreation Area. 

20 (2) ACCESS.—The Secretary shall provide rea21 sonable access to non-Federal land or interests in 

22 non-Federal land within the Recreation Area. 

23 (s) OUTFITTING AND GUIDE ACTIVITIES.—Outfitting 

24 and guide services within the Recreation Area, including 

25 commercial outfitting and guide services, are authorized 


kjohnson on DSK79L0C42 with BILLS
121 

•S 47 PCS

1 in accordance with this section and other applicable law 

2 (including regulations). 

3 SEC. 1118. JOHN WESLEY POWELL NATIONAL CONSERVA4 TION AREA. 

5 (a) DEFINITIONS.—In this section: 

6 (1) MAP.—The term ‘‘Map’’ means the Bureau 

7 of Land Management map entitled ‘‘Proposed John 

8 Wesley Powell National Conservation Area’’ and 

9 dated December 10, 2018. 

10 (2) NATIONAL CONSERVATION AREA.—The 

11 term ‘‘National Conservation Area’’ means the John 

12 Wesley Powell National Conservation Area estab13 lished by subsection (b)(1). 

14 (b) ESTABLISHMENT.— 

15 (1) IN GENERAL.—Subject to valid existing 

16 rights, there is established the John Wesley Powell 

17 National Conservation Area in the State of Utah. 

18 (2) AREA INCLUDED.—The National Conserva19 tion Area shall consist of approximately 29,868 

20 acres of public land administered by the Bureau of 

21 Land Management as generally depicted on the 

22 Map. 

23 (c) PURPOSES.—The purposes of the National Con24 servation Area are to conserve, protect, and enhance for 

25 the benefit of present and future generations the nationVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
122 

•S 47 PCS

1 ally significant historic, cultural, natural, scientific, scenic, 

2 recreational, archaeological, educational, and wildlife re3 sources of the National Conservation Area. 

4 (d) MAP AND LEGAL DESCRIPTION.— 

5 (1) IN GENERAL.—As soon as practicable after 

6 the date of enactment of this Act, the Secretary 

7 shall prepare and file a map and legal description of 

8 the National Conservation Area with the Committee 

9 on Energy and Natural Resources of the Senate and 

10 the Committee on Natural Resources of the House 

11 of Representatives. 

12 (2) EFFECT.—The map and legal description 

13 prepared under paragraph (1) shall have the same 

14 force and effect as if included in this section, except 

15 that the Secretary may correct minor errors in the 

16 map or legal description. 

17 (3) AVAILABILITY.—A copy of the map and 

18 legal description shall be on file and available for 

19 public inspection in the appropriate offices of the 

20 Bureau of Land Management. 

21 (e) MANAGEMENT.—The Secretary shall manage the 

22 National Conservation Area— 

23 (1) in a manner that conserves, protects, and 

24 enhances the resources of the National Conservation 

25 Area; 


kjohnson on DSK79L0C42 with BILLS
123 

•S 47 PCS

1 (2) in accordance with— 

2 (A) the Federal Land Policy and Manage3 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

4 (B) this section; and 

5 (C) any other applicable law; and 

6 (3) as a component of the National Landscape 

7 Conservation System. 

8 (4) MANAGEMENT PLAN.— 

9 (A) IN GENERAL.—Not later than 2 years 

10 after the date of enactment of this Act, the Sec11 retary shall develop a management plan for the 

12 National Conservation Area. 

13 (B) CONSULTATION.—The Secretary shall 

14 prepare the management plan— 

15 (i) in consultation and coordination 

16 with the State of Utah, Uintah County, 

17 and affected Indian Tribes; and 

18 (ii) after providing for public input. 

19 (f) USES.—The Secretary shall only allow such uses 

20 of the National Conservation Area as the Secretary deter21 mines would further the purposes for which the National 

22 Conservation is established. 

23 (g) ACQUISITION.— 

24 (1) IN GENERAL.—The Secretary may acquire 

25 land or interests in land within the boundaries of the 


kjohnson on DSK79L0C42 with BILLS
124 

•S 47 PCS

1 National Conservation Area by purchase from a will2 ing seller, donation, or exchange. 

3 (2) INCORPORATION IN NATIONAL CONSERVA4 TION AREA.—Any land or interest in land located in5 side the boundary of the National Conservation Area 

6 that is acquired by the United States after the date 

7 of enactment of this Act shall be added to and ad8 ministered as part of the National Conservation 

9 Area. 

10 (3) STATE LAND.—On request of the Utah 

11 School and Institutional Trust Lands Administration 

12 and, if practicable, not later than 5 years after the 

13 date of enactment of this Act, the Secretary shall 

14 seek to acquire all State-owned land within the 

15 boundaries of the National Conservation Area by ex16 change or purchase, subject to the appropriation of 

17 necessary funds. 

18 (h) MOTORIZED VEHICLES.— 

19 (1) IN GENERAL.—Subject to paragraph (2), 

20 except in cases in which motorized vehicles are need21 ed for administrative purposes or to respond to an 

22 emergency, the use of motorized vehicles in the Na23 tional Conservation Area shall be permitted only on 

24 roads designated in the management plan. 


kjohnson on DSK79L0C42 with BILLS
125 

•S 47 PCS

1 (2) USE OF MOTORIZED VEHICLES PRIOR TO

2 COMPLETION OF MANAGEMENT PLAN.—Prior to 

3 completion of the management plan, the use of mo4 torized vehicles within the National Conservation 

5 Area shall be permitted in accordance with the appli6 cable Bureau of Land Management resource man7 agement plan. 

8 (i) GRAZING.—The grazing of livestock in the Na9 tional Conservation Area, where established before the 

10 date of enactment of this Act, shall be allowed to continue, 

11 subject to such reasonable regulations, policies, and prac12 tices as the Secretary considers to be necessary in accord13 ance with— 

14 (1) applicable law (including regulations); 

15 (2) the purposes of the National Conservation 

16 Area; and 

17 (3) the guidelines set forth in Appendix A of 

18 the report of the Committee on Interior and Insular 

19 Affairs of the House of Representatives accom20 panying H.R. 2570 of the 101st Congress (House 

21 Report 101–405). 

22 (j) FISH AND WILDLIFE.—Nothing in this section af23 fects the jurisdiction of the State of Utah with respect 

24 to the management of fish and wildlife on Federal land 

25 in the State. 


kjohnson on DSK79L0C42 with BILLS
126 

•S 47 PCS

1 (k) WILDLIFE WATER PROJECTS.—The Secretary, in 

2 consultation with the State of Utah, may authorize wildlife 

3 water projects (including guzzlers) within the National 

4 Conservation Area. 

5 (l) GREATER SAGE-GROUSE CONSERVATION

6 PROJECTS.—Nothing in this section affects the authority 

7 of the Secretary to undertake Greater sage-grouse 

8 (Centrocercus urophasianus) conservation projects to 

9 maintain and improve Greater sage-grouse habitat, includ10 ing the management of vegetation through mechanical 

11 means, to further the purposes of the National Conserva12 tion Area. 

13 (m) WATER RIGHTS.—Nothing in this section— 

14 (1) constitutes an express or implied reservation 

15 by the United States of any water rights with re16 spect to the National Conservation Area; 

17 (2) affects any water rights in the State; 

18 (3) affects the use or allocation, in existence on 

19 the date of enactment of this Act, of any water, 

20 water right, or interest in water; 

21 (4) affects any vested absolute or decreed condi22 tional water right in existence on the date of enact23 ment of this Act, including any water right held by 

24 the United States; 


kjohnson on DSK79L0C42 with BILLS
127 

•S 47 PCS

1 (5) affects any interstate water compact in ex2 istence on the date of enactment of this Act; or 

3 (6) shall be considered to be a relinquishment 

4 or reduction of any water rights reserved or appro5 priated by the United States in the State on or be6 fore the date of enactment of this Act. 

7 (n) NO BUFFER ZONES.— 

8 (1) IN GENERAL.—Nothing in this section cre9 ates a protective perimeter or buffer zone around the 

10 National Conservation Area. 

11 (2) ACTIVITIES OUTSIDE NATIONAL CONSERVA12 TION AREA.—The fact that an authorized activity or 

13 use on land outside the National Conservation Area 

14 can be seen or heard within the National Conserva15 tion Area shall not preclude the activity or use out16 side the boundary of the Area. 

17 (o) WITHDRAWAL.— 

18 (1) IN GENERAL.—Subject to valid existing 

19 rights, all Federal land in the National Conservation 

20 Area (including any land acquired after the date of 

21 enactment of this Act) is withdrawn from— 

22 (A) all forms of entry, appropriation, and 

23 disposal under the public land laws; 

24 (B) location, entry, and patent under the 

25 mining laws; and 


kjohnson on DSK79L0C42 with BILLS
128 

•S 47 PCS

1 (C) operation of the mineral leasing, min2 eral materials, and geothermal leasing laws. 

3 (p) VEGETATION MANAGEMENT.—Nothing in this 

4 section prevents the Secretary from conducting vegetation 

5 management projects, including fuels reduction activities, 

6 within the National Conservation Area that are consistent 

7 with this section and that further the purposes of the Na8 tional Conservation Area. 

9 (q) WILDLAND FIRE OPERATIONS.—Nothing in this 

10 section prohibits the Secretary, in consultation with other 

11 Federal, State, local, and Tribal agencies, as appropriate, 

12 from conducting wildland fire prevention and restoration 

13 operations in the National Conservation Area, consistent 

14 with the purposes of this section. 

15 (r) RECREATION FEES.—Except for improved camp16 grounds, the Secretary is prohibited from collecting recre17 ation entrance or use fees within the National Conserva18 tion Area. 

19 (s) OUTFITTING AND GUIDE ACTIVITIES.—Outfitting 

20 and guide services within the National Conservation Area, 

21 including commercial outfitting and guide services, are au22 thorized in accordance with this section and other applica23 ble law (including regulations). 

24 (t) NON-FEDERAL LAND.— 


kjohnson on DSK79L0C42 with BILLS
129 

•S 47 PCS

1 (1) IN GENERAL.—Nothing in this section af2 fects non-Federal land or interests in non-Federal 

3 land within the National Conservation Area. 

4 (2) REASONABLE ACCESS.—The Secretary shall 

5 provide reasonable access to non-Federal land or in6 terests in non-Federal land within the National Con7 servation Area. 

8 (u) RESEARCH AND INTERPRETIVE MANAGEMENT.— 

9 The Secretary may establish programs and projects for 

10 the conduct of scientific, historical, cultural, archeological, 

11 and natural studies through the use of public and private 

12 partnerships that further the purposes of the National 

13 Conservation Area. 

14 SEC. 1119. ALASKA NATIVE VIETNAM ERA VETERANS LAND 

15 ALLOTMENT. 

16 (a) DEFINITIONS.—In this section: 

17 (1) AVAILABLE FEDERAL LAND.— 

18 (A) IN GENERAL.—The term ‘‘available 

19 Federal land’’ means Federal land in the State 

20 that— 

21 (i) is vacant, unappropriated, and un22 reserved and is identified as available for 

23 selection under subsection (b)(5); or 

24 (ii) has been selected by, but not yet 

25 conveyed to— 


kjohnson on DSK79L0C42 with BILLS
130 

•S 47 PCS

1 (I) the State, if the State agrees 

2 to voluntarily relinquish the selection 

3 of the Federal land for selection by an 

4 eligible individual; or 

5 (II) a Regional Corporation or a 

6 Village Corporation, if the Regional 

7 Corporation or Village Corporation 

8 agrees to voluntarily relinquish the se9 lection of the Federal land for selec10 tion by an eligible individual. 

11 (B) EXCLUSIONS.—The term ‘‘available 

12 Federal land’’ does not include any Federal 

13 land in the State that is— 

14 (i)(I) a right-of-way of the 

15 TransAlaska Pipeline; or 

16 (II) an inner or outer corridor of such 

17 a right-of-way; 

18 (ii) withdrawn or acquired for pur19 poses of the Armed Forces; 

20 (iii) under review for a pending right21 of-way for a natural gas corridor; 

22 (iv) within the Arctic National Wild23 life Refuge; 

24 (v) within a unit of the National For25 est System; 


kjohnson on DSK79L0C42 with BILLS
131 

•S 47 PCS

1 (vi) designated as wilderness by Con2 gress; 

3 (vii) within a unit of the National 

4 Park System, a National Preserve, or a 

5 National Monument; 

6 (viii) within a component of the Na7 tional Trails System; 

8 (ix) within a component of the Na9 tional Wild and Scenic Rivers System; or 

10 (x) within the National Petroleum Re11 serve–Alaska. 

12 (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

13 individual’’ means an individual who, as determined 

14 by the Secretary in accordance with subsection 

15 (c)(1), is— 

16 (A) a Native veteran— 

17 (i) who served in the Armed Forces 

18 during the period between August 5, 1964, 

19 and December 31, 1971; and 

20 (ii) has not received an allotment 

21 made pursuant to— 

22 (I) the Act of May 17, 1906 (34 

23 Stat. 197, chapter 2469) (as in effect 

24 on December 17, 1971); 


kjohnson on DSK79L0C42 with BILLS
132 

•S 47 PCS

1 (II) section 14(h)(5) of the Alas2 ka Native Claims Settlement Act (43 

3 U.S.C. 1613(h)(5)); or 

4 (III) section 41 of the Alaska 

5 Native Claims Settlement Act (43 

6 U.S.C. 1629g); or 

7 (B) is the personal representative of the 

8 estate of a deceased eligible individual described 

9 in subparagraph (A), who has been duly ap10 pointed in the appropriate Alaska State court 

11 or a registrar has qualified, acting for the ben12 efit of the heirs of the estate of a deceased eligi13 ble individual described in subparagraph (A). 

14 (3) NATIVE; REGIONAL CORPORATION; VILLAGE

15 CORPORATION.—The terms ‘‘Native’’, ‘‘Regional 

16 Corporation’’, and ‘‘Village Corporation’’ have the 

17 meanings given those terms in section 3 of the Alas18 ka Native Claims Settlement Act (43 U.S.C. 1602). 

19 (4) STATE.—The term ‘‘State’’ means the State 

20 of Alaska. 

21 (5) VETERAN.—The term ‘‘veteran’’ has the 

22 meaning given the term in section 101 of title 38, 

23 United States Code. 

24 (b) ALLOTMENTS FOR ELIGIBLE INDIVIDUALS.— 


kjohnson on DSK79L0C42 with BILLS
133 

•S 47 PCS

1 (1) INFORMATION TO DETERMINE ELIGI2 BILITY.— 

3 (A) IN GENERAL.—Not later than 180 

4 days after the date of enactment of this Act, 

5 the Secretary of Defense, in coordination with 

6 the Secretary of Veterans Affairs, shall provide 

7 to the Secretary a list of all members of the 

8 Armed Forces who served during the period be9 tween August 5, 1964, and December 31, 1971. 

10 (B) USE.—The Secretary shall use the in11 formation provided under subparagraph (A) to 

12 determine whether an individual meets the mili13 tary service requirements under subsection 

14 (a)(2)(A)(i). 

15 (C) OUTREACH AND ASSISTANCE.—The 

16 Secretary, in coordination with the Secretary of 

17 Veterans Affairs, shall conduct outreach, and 

18 provide assistance in applying for allotments, to 

19 eligible individuals. 

20 (2) REGULATIONS.—Not later than 18 months 

21 after the date of enactment of this section, the Sec22 retary shall promulgate regulations to carry out this 

23 subsection. 

24 (3) SELECTION BY ELIGIBLE INDIVIDUALS.— 

25 (A) IN GENERAL.—An eligible individual— 


kjohnson on DSK79L0C42 with BILLS
134 

•S 47 PCS

1 (i) may select 1 parcel of not less than 

2 2.5 acres and not more than 160 acres of 

3 available Federal land; and 

4 (ii) on making a selection pursuant to 

5 clause (i), shall submit to the Secretary an 

6 allotment selection application for the ap7 plicable parcel of available Federal land. 

8 (B) SELECTION PERIOD.—An eligible indi9 vidual may apply for an allotment during the 5- 

10 year period beginning on the effective date of 

11 the final regulations issued under paragraph 

12 (2). 

13 (4) CONFLICTING SELECTIONS.—If 2 or more 

14 eligible individuals submit to the Secretary an allot15 ment selection application under paragraph 

16 (3)(A)(ii) for the same parcel of available Federal 

17 land, the Secretary shall— 

18 (A) give preference to the selection applica19 tion received on the earliest date; and 

20 (B) provide to each eligible individual the 

21 selection application of whom is rejected under 

22 subparagraph (A) an opportunity to select a 

23 substitute parcel of available Federal land. 


kjohnson on DSK79L0C42 with BILLS
135 

•S 47 PCS

1 (5) IDENTIFICATION OF AVAILABLE FEDERAL

2 LAND ADMINISTERED BY THE BUREAU OF LAND

3 MANAGEMENT.— 

4 (A) IN GENERAL.—Not later than 1 year 

5 after the date of enactment of this Act, the Sec6 retary, in consultation with the State, Regional 

7 Corporations, and Village Corporations, shall 

8 identify Federal land administered by the Bu9 reau of Land Management as available Federal 

10 land for allotment selection in the State by eli11 gible individuals. 

12 (B) CERTIFICATION; SURVEY.—The Sec13 retary shall— 

14 (i) certify that the available Federal 

15 land identified under subparagraph (A) is 

16 free of known contamination; and 

17 (ii) survey the available Federal land 

18 identified under subparagraph (A) into ali19 quot parts and lots, segregating all navi20 gable and meanderable waters and land 

21 not available for allotment selection. 

22 (C) MAPS.—As soon as practicable after 

23 the date on which available Federal land is 

24 identified under subparagraph (A), the Sec25 retary shall submit to Congress, and publish in 


kjohnson on DSK79L0C42 with BILLS
136 

•S 47 PCS

1 the Federal Register, 1 or more maps depicting 

2 the identified available Federal land. 

3 (D) CONVEYANCES.—Any available Fed4 eral land conveyed to an eligible individual 

5 under this paragraph shall be subject to— 

6 (i) valid existing rights; and 

7 (ii) the reservation of minerals to the 

8 United States. 

9 (E) INTENT OF CONGRESS.—It is the in10 tent of Congress that not later than 1 year 

11 after the date on which an eligible individual 

12 submits an allotment selection application for 

13 available Federal land that meets the require14 ments of this section, as determined by the Sec15 retary, the Secretary shall issue to the eligible 

16 individual a certificate of allotment with respect 

17 to the available Federal land covered by the al18 lotment selection application, subject to the re19 quirements of subparagraph (D). 

20 (c) IDENTIFICATION OF AVAILABLE FEDERAL LAND

21 IN UNITS OF THE NATIONAL WILDLIFE REFUGE SYS22 TEM.— 

23 (1) REPORT.—Not later than 1 year after the 

24 date of enactment of this Act, the Secretary shall— 


kjohnson on DSK79L0C42 with BILLS
137 

•S 47 PCS

1 (A) conduct a study to determine whether 

2 any additional Federal lands within units of the 

3 National Wildlife Refuge System in the State 

4 should be made available for allotment selec5 tion; and 

6 (B) report the findings and conclusions of 

7 the study to Congress. 

8 (2) CONTENT OF THE REPORT.—The Secretary 

9 shall include in the report required under paragraph 

10 (1)— 

11 (A) the Secretary’s determination whether 

12 Federal lands within units of the National 

13 Wildlife Refuge System in the State should be 

14 made available for allotment selection by eligi15 ble individuals; and 

16 (B) identification of the specific areas (in17 cluding maps) within units of the National 

18 Wildlife Refuge System in the State that the 

19 Secretary determines should be made available, 

20 consistent with the mission of the National 

21 Wildlife Refuge System and the specific pur22 poses for which the unit was established, and 

23 this subsection. 

24 (3) FACTORS TO BE CONSIDERED.—In deter25 mining whether Federal lands within units of the 


kjohnson on DSK79L0C42 with BILLS
138 

•S 47 PCS

1 National Wildlife Refuge System in the State should 

2 be made available under paragraph (1)(A), the Sec3 retary shall take into account— 

4 (A) the proximity of the Federal land 

5 made available for allotment selection under 

6 subsection (b)(5) to eligible individuals; 

7 (B) the proximity of the units of the Na8 tional Wildlife Refuge System in the State to el9 igible individuals; and 

10 (C) the amount of additional Federal land 

11 within units of the National Wildlife Refuge 

12 System in the State that the Secretary esti13 mates would be necessary to make allotments 

14 available for selection by eligible individuals. 

15 (4) IDENTIFYING FEDERAL LAND IN UNITS OF

16 THE NATIONAL WILDLIFE REFUGE SYSTEM.—In 

17 identifying whether Federal lands within units of the 

18 National Wildlife Refuge System in the State should 

19 be made available for allotment under paragraph 

20 (2)(B), the Secretary shall not identify any Federal 

21 land in a unit of the National Wildlife Refuge Sys22 tem— 

23 (A) the conveyance of which, independently 

24 or as part of a group of allotments— 


kjohnson on DSK79L0C42 with BILLS
139 

•S 47 PCS

1 (i) could significantly interfere with 

2 biological, physical, cultural, scenic, rec3 reational, natural quiet, or subsistence val4 ues of the unit of the National Wildlife 

5 Refuge System; 

6 (ii) could obstruct access by the public 

7 or the Fish and Wildlife Service to the re8 source values of the unit; 

9 (iii) could trigger development or fu10 ture uses in an area that would adversely 

11 affect resource values of the surrounding 

12 National Wildlife Refuge System land; 

13 (iv) could open an area of a unit to 

14 new access and uses that adversely affect 

15 resources values of the unit; or 

16 (v) could interfere with the manage17 ment plan of the unit; 

18 (B) that is located within 300 feet from 

19 the shore of a navigable water body; 

20 (C) that is not consistent with the pur21 poses for which the unit of the National Wild22 life Refuge System was established; 

23 (D) that is designated as wilderness by 

24 Congress; or 


kjohnson on DSK79L0C42 with BILLS
140 

•S 47 PCS

1 (E) that is within the Arctic National 

2 Wildlife Refuge. 

3 (d) LIMITATION.—No Federal land may be identified 

4 for selection or made available for allotment within a unit 

5 of the National Wildlife Refuge System unless it has been 

6 authorized by an Act of Congress subsequent to the date 

7 of enactment of this Act. Further, any proposed convey8 ance of land within a unit of the National Wildlife Refuge 

9 System must have been identified by the Secretary in ac10 cordance with subsection (c)(4) in the report to Congress 

11 required by subsection (c) and include patent provisions 

12 that the land remains subject to the laws and regulations 

13 governing the use and development of the Refuge. 

14 SEC. 1120. RED RIVER GRADIENT BOUNDARY SURVEY. 

15 (a) DEFINITIONS.—In this section: 

16 (1) AFFECTED AREA.— 

17 (A) IN GENERAL.—The term ‘‘affected 

18 area’’ means land along the approximately 116- 

19 mile stretch of the Red River, from its con20 fluence with the north fork of the Red River on 

21 the west to the 98th meridian on the east. 

22 (B) EXCLUSIONS.—The term ‘‘affected 

23 area’’ does not include the portion of the Red 

24 River within the boundary depicted on the sur25 vey prepared by the Bureau of Land ManageVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
141 

•S 47 PCS

1 ment entitled ‘‘Township 5 South, Range 14 

2 West, of the Indian Meridian, Oklahoma, De3 pendent Resurvey and Survey’’ and dated Feb4 ruary 28, 2006. 

5 (2) GRADIENT BOUNDARY SURVEY METHOD.— 

6 The term ‘‘gradient boundary survey method’’ 

7 means the measurement technique used to locate the 

8 South Bank boundary line in accordance with the 

9 methodology established in Oklahoma v. Texas, 261 

10 U.S. 340 (1923) (recognizing that the boundary line 

11 along the Red River is subject to change due to ero12 sion and accretion). 

13 (3) LANDOWNER.—The term ‘‘landowner’’ 

14 means any individual, group, association, corpora15 tion, federally recognized Indian tribe or member of 

16 such an Indian tribe, or other private or govern17 mental legal entity that owns an interest in land in 

18 the affected area. 

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

20 the Secretary, acting through the Director of the 

21 Bureau of Land Management. 

22 (5) SOUTH BANK.—The term ‘‘South Bank’’ 

23 means the water-washed and relatively permanent 

24 elevation or acclivity (commonly known as a ‘‘cut 


kjohnson on DSK79L0C42 with BILLS
142 

•S 47 PCS

1 bank’’) along the southerly or right side of the Red 

2 River that— 

3 (A) separates the bed of that river from 

4 the adjacent upland, whether valley or hill; and 

5 (B) usually serves, as specified in the fifth 

6 paragraph of Oklahoma v. Texas, 261 U.S. 340 

7 (1923)— 

8 (i) to confine the waters within the 

9 bed; and 

10 (ii) to preserve the course of the river. 

11 (6) SOUTH BANK BOUNDARY LINE.—The term 

12 ‘‘South Bank boundary line’’ means the boundary, 

13 with respect to title and ownership, between the 

14 States of Oklahoma and Texas identified through 

15 the gradient boundary survey method that does not 

16 impact or alter the permanent political boundary line 

17 between the States along the Red River, as outlined 

18 under article II, section B of the Red River Bound19 ary Compact enacted by the States and consented to 

20 by Congress pursuant to Public Law 106–288 (114 

21 Stat. 919). 

22 (b) SURVEY OF SOUTH BANK BOUNDARY LINE.— 

23 (1) SURVEY REQUIRED.— 


kjohnson on DSK79L0C42 with BILLS
143 

•S 47 PCS

1 (A) IN GENERAL.—The Secretary shall 

2 commission a survey to identify the South Bank 

3 boundary line in the affected area. 

4 (B) REQUIREMENTS.—The survey shall— 

5 (i) adhere to the gradient boundary 

6 survey method; 

7 (ii) span the length of the affected 

8 area; 

9 (iii) be conducted by 1 or more inde10 pendent third-party surveyors that are— 

11 (I) licensed and qualified to con12 duct official gradient boundary sur13 veys; and 

14 (II) selected by the Secretary, in 

15 consultation with— 

16 (aa) the Texas General 

17 Land Office; 

18 (bb) the Oklahoma Commis19 sioners of the Land Office, in 

20 consultation with the attorney 

21 general of the State of Okla22 homa; and 

23 (cc) each affected federally 

24 recognized Indian Tribe; and 


kjohnson on DSK79L0C42 with BILLS
144 

•S 47 PCS

1 (iv) subject to the availability of ap2 propriations, be completed not later than 2 

3 years after the date of enactment of this 

4 Act. 

5 (2) APPROVAL OF THE BOUNDARY SURVEY.— 

6 (A) IN GENERAL.—Not later than 60 days 

7 after the date on which the survey or a portion 

8 of the survey under paragraph (1)(A) is com9 pleted, the Secretary shall submit the survey for 

10 approval to— 

11 (i) the Texas General Land Office; 

12 (ii) the Oklahoma Commissioners of 

13 the Land Office, in consultation with the 

14 attorney general of the State of Oklahoma; 

15 and 

16 (iii) each affected federally recognized 

17 Indian Tribe. 

18 (B) TIMING OF APPROVAL.—Not later 

19 than 60 days after the date on which each of 

20 the Texas General Land Office, the Oklahoma 

21 Commissioners of the Land Office, in consulta22 tion with the attorney general of the State of 

23 Oklahoma, and each affected federally recog24 nized Indian Tribe notify the Secretary of the 

25 approval of the boundary survey or a portion of 


kjohnson on DSK79L0C42 with BILLS
145 

•S 47 PCS

1 the survey by the applicable office or federally 

2 recognized Indian Tribe, the Secretary shall de3 termine whether to approve the survey or por4 tion of the survey, subject to subparagraph (D). 

5 (C) SUBMISSION OF PORTIONS OF SURVEY

6 FOR APPROVAL.—As portions of the survey are 

7 completed, the Secretary may submit the com8 pleted portions of the survey for approval under 

9 subparagraph (A). 

10 (D) WRITTEN APPROVAL.—The Secretary 

11 shall only approve the survey, or a portion of 

12 the survey, that has the written approval of 

13 each of— 

14 (i) the Texas General Land Office; 

15 (ii) the Oklahoma Commissioners of 

16 the Land Office, in consultation with the 

17 attorney general of the State of Oklahoma; 

18 and 

19 (iii) each affected federally recognized 

20 Indian Tribe. 

21 (c) SURVEY OF INDIVIDUAL PARCELS.—Surveys of 

22 individual parcels in the affected area shall be conducted 

23 in accordance with the boundary survey approved under 

24 subsection (b)(2). 


kjohnson on DSK79L0C42 with BILLS
146 

•S 47 PCS

1 (d) NOTICE AND AVAILABILITY OF SURVEY.—Not 

2 later than 60 days after the date on which the boundary 

3 survey is approved under subsection (b)(2), the Secretary 

4 shall— 

5 (1) publish notice of the approval of the survey 

6 in— 

7 (A) the Federal Register; and 

8 (B) 1 or more local newspapers; and 

9 (2) on request, furnish to any landowner a copy 

10 of— 

11 (A) the survey; and 

12 (B) any field notes relating to— 

13 (i) the individual parcel of the land14 owner; or 

15 (ii) any individual parcel adjacent to 

16 the individual parcel of the landowner. 

17 (e) EFFECT OF SECTION.—Nothing in this section— 

18 (1) modifies any interest of the State of Okla19 homa or Texas, or the sovereignty, property, or trust 

20 rights of any federally recognized Indian Tribe, re21 lating to land located north of the South Bank 

22 boundary line, as established by the survey; 

23 (2) modifies any land patented under the Act of 

24 December 22, 1928 (45 Stat. 1069, chapter 47; 43 


kjohnson on DSK79L0C42 with BILLS
147 

•S 47 PCS

1 U.S.C. 1068) (commonly known as the ‘‘Color of 

2 Title Act’’), before the date of enactment of this Act; 

3 (3) modifies or supersedes the Red River 

4 Boundary Compact enacted by the States of Okla5 homa and Texas and consented to by Congress pur6 suant to Public Law 106–288 (114 Stat. 919); 

7 (4) creates or reinstates any Indian reservation 

8 or any portion of such a reservation; 

9 (5) modifies any interest or any property or 

10 trust rights of any individual Indian allottee; or 

11 (6) alters any valid right of the State of Okla12 homa or the Kiowa, Comanche, or Apache Indian 

13 tribes to the mineral interest trust fund established 

14 under the Act of June 12, 1926 (44 Stat. 740, chap15 ter 572). 

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary to carry 

18 out this section $1,000,000. 

19 Subtitle C—Wilderness 

20 Designations and Withdrawals 

21 PART I—GENERAL PROVISIONS 

22 SEC. 1201. ORGAN MOUNTAINS-DESERT PEAKS CONSERVA23 TION. 

24 (a) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42 with BILLS
148 

•S 47 PCS

1 (1) MONUMENT.—The term ‘‘Monument’’ 

2 means the Organ Mountains-Desert Peaks National 

3 Monument established by Presidential Proclamation 

4 9131 (79 Fed. Reg. 30431). 

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

6 of New Mexico. 

7 (3) WILDERNESS AREA.—The term ‘‘wilderness 

8 area’’ means a wilderness area designated by sub9 section (b)(1). 

10 (b) DESIGNATION OF WILDERNESS AREAS.— 

11 (1) IN GENERAL.—In accordance with the Wil12 derness Act (16 U.S.C. 1131 et seq.), the following 

13 areas in the State are designated as wilderness and 

14 as components of the National Wilderness Preserva15 tion System: 

16 (A) ADEN LAVA FLOW WILDERNESS.—Cer17 tain land administered by the Bureau of Land 

18 Management in Don ̃a Ana County comprising 

19 approximately 27,673 acres, as generally de20 picted on the map entitled ‘‘Potrillo Mountains 

21 Complex’’ and dated September 27, 2018, 

22 which shall be known as the ‘‘Aden Lava Flow 

23 Wilderness’’. 

24 (B) BROAD CANYON WILDERNESS.—Cer25 tain land administered by the Bureau of Land 


kjohnson on DSK79L0C42 with BILLS
149 

•S 47 PCS

1 Management in Don ̃a Ana County comprising 

2 approximately 13,902 acres, as generally de3 picted on the map entitled ‘‘Desert Peaks Com4 plex’’ and dated October 1, 2018, which shall 

5 be known as the ‘‘Broad Canyon Wilderness’’. 

6 (C) CINDER CONE WILDERNESS.—Certain 

7 land administered by the Bureau of Land Man8 agement in Don ̃a Ana County comprising ap9 proximately 16,935 acres, as generally depicted 

10 on the map entitled ‘‘Potrillo Mountains Com11 plex’’ and dated September 27, 2018, which 

12 shall be known as the ‘‘Cinder Cone Wilder13 ness’’. 

14 (D) EAST POTRILLO MOUNTAINS WILDER15 NESS.—Certain land administered by the Bu16 reau of Land Management in Don ̃a Ana and 

17 Luna counties comprising approximately 12,155 

18 acres, as generally depicted on the map entitled 

19 ‘‘Potrillo Mountains Complex’’ and dated Sep20 tember 27, 2018, which shall be known as the 

21 ‘‘East Potrillo Mountains Wilderness’’. 

22 (E) MOUNT RILEY WILDERNESS.—Certain 

23 land administered by the Bureau of Land Man24 agement in Don ̃a Ana and Luna counties com25 prising approximately 8,382 acres, as generally 


kjohnson on DSK79L0C42 with BILLS
150 

•S 47 PCS

1 depicted on the map entitled ‘‘Potrillo Moun2 tains Complex’’ and dated September 27, 2018, 

3 which shall be known as the ‘‘Mount Riley Wil4 derness’’. 

5 (F) ORGAN MOUNTAINS WILDERNESS.— 

6 Certain land administered by the Bureau of 

7 Land Management in Don ̃a Ana County com8 prising approximately 19,916 acres, as gen9 erally depicted on the map entitled ‘‘Organ 

10 Mountains Area’’ and dated September 21, 

11 2016, which shall be known as the ‘‘Organ 

12 Mountains Wilderness’’, the boundary of which 

13 shall be offset 400 feet from the centerline of 

14 Dripping Springs Road in T. 23 S., R. 04 E., 

15 sec. 7, New Mexico Principal Meridian. 

16 (G) POTRILLO MOUNTAINS WILDER17 NESS.—Certain land administered by the Bu18 reau of Land Management in Don ̃a Ana and 

19 Luna counties comprising approximately 

20 105,085 acres, as generally depicted on the map 

21 entitled ‘‘Potrillo Mountains Complex’’ and 

22 dated September 27, 2018, which shall be 

23 known as the ‘‘Potrillo Mountains Wilderness’’. 

24 (H) ROBLEDO MOUNTAINS WILDERNESS.— 

25 Certain land administered by the Bureau of 


kjohnson on DSK79L0C42 with BILLS
151 

•S 47 PCS

1 Land Management in Don ̃a Ana County com2 prising approximately 16,776 acres, as gen3 erally depicted on the map entitled ‘‘Desert 

4 Peaks Complex’’ and dated October 1, 2018, 

5 which shall be known as the ‘‘Robledo Moun6 tains Wilderness’’. 

7 (I) SIERRA DE LAS UVAS WILDERNESS.— 

8 Certain land administered by the Bureau of 

9 Land Management in Don ̃a Ana County com10 prising approximately 11,114 acres, as gen11 erally depicted on the map entitled ‘‘Desert 

12 Peaks Complex’’ and dated October 1, 2018, 

13 which shall be known as the ‘‘Sierra de las 

14 Uvas Wilderness’’. 

15 (J) WHITETHORN WILDERNESS.—Certain 

16 land administered by the Bureau of Land Man17 agement in Don ̃a Ana and Luna counties com18 prising approximately 9,616 acres, as generally 

19 depicted on the map entitled ‘‘Potrillo Moun20 tains Complex’’ and dated September 27, 2018, 

21 which shall be known as the ‘‘Whitethorn Wil22 derness’’. 

23 (2) MAPS AND LEGAL DESCRIPTIONS.— 

24 (A) IN GENERAL.—As soon as practicable 

25 after the date of enactment of this Act, the SecVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
152 

•S 47 PCS

1 retary shall file maps and legal descriptions of 

2 the wilderness areas with— 

3 (i) the Committee on Energy and 

4 Natural Resources of the Senate; and 

5 (ii) the Committee on Natural Re6 sources of the House of Representatives. 

7 (B) FORCE OF LAW.—The maps and legal 

8 descriptions filed under subparagraph (A) shall 

9 have the same force and effect as if included in 

10 this section, except that the Secretary may cor11 rect errors in the maps and legal descriptions. 

12 (C) PUBLIC AVAILABILITY.—The maps 

13 and legal descriptions filed under subparagraph 

14 (A) shall be on file and available for public in15 spection in the appropriate offices of the Bu16 reau of Land Management. 

17 (3) MANAGEMENT.—Subject to valid existing 

18 rights, the wilderness areas shall be administered by 

19 the Secretary— 

20 (A) as components of the National Land21 scape Conservation System; and 

22 (B) in accordance with— 

23 (i) this section; and 

24 (ii) the Wilderness Act (16 U.S.C. 

25 1131 et seq.), except that— 


kjohnson on DSK79L0C42 with BILLS
153 

•S 47 PCS

1 (I) any reference in the Wilder2 ness Act to the effective date of that 

3 Act shall be considered to be a ref4 erence to the date of enactment of 

5 this Act; and 

6 (II) any reference in the Wilder7 ness Act to the Secretary of Agri8 culture shall be considered to be a ref9 erence to the Secretary. 

10 (4) INCORPORATION OF ACQUIRED LAND AND

11 INTERESTS IN LAND.—Any land or interest in land 

12 that is within the boundary of a wilderness area that 

13 is acquired by the United States shall— 

14 (A) become part of the wilderness area 

15 within the boundaries of which the land is lo16 cated; and 

17 (B) be managed in accordance with— 

18 (i) the Wilderness Act (16 U.S.C. 

19 1131 et seq.); 

20 (ii) this section; and 

21 (iii) any other applicable laws. 

22 (5) GRAZING.—Grazing of livestock in the wil23 derness areas, where established before the date of 

24 enactment of this Act, shall be administered in ac25 cordance with— 


kjohnson on DSK79L0C42 with BILLS
154 

•S 47 PCS

1 (A) section 4(d)(4) of the Wilderness Act 

2 (16 U.S.C. 1133(d)(4)); and 

3 (B) the guidelines set forth in Appendix A 

4 of the Report of the Committee on Interior and 

5 Insular Affairs to accompany H.R. 2570 of the 

6 101st Congress (H. Rept. 101–405). 

7 (6) MILITARY OVERFLIGHTS.—Nothing in this 

8 subsection restricts or precludes— 

9 (A) low-level overflights of military aircraft 

10 over the wilderness areas, including military 

11 overflights that can be seen or heard within the 

12 wilderness areas; 

13 (B) the designation of new units of special 

14 airspace over the wilderness areas; or 

15 (C) the use or establishment of military 

16 flight training routes over the wilderness areas. 

17 (7) BUFFER ZONES.— 

18 (A) IN GENERAL.—Nothing in this sub19 section creates a protective perimeter or buffer 

20 zone around any wilderness area. 

21 (B) ACTIVITIES OUTSIDE WILDERNESS

22 AREAS.—The fact that an activity or use on 

23 land outside any wilderness area can be seen or 

24 heard within the wilderness area shall not preVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
155 

•S 47 PCS

1 clude the activity or use outside the boundary 

2 of the wilderness area. 

3 (8) PARAGLIDING.—The use of paragliding 

4 within areas of the East Potrillo Mountains Wilder5 ness designated by paragraph (1)(D) in which the 

6 use has been established before the date of enact7 ment of this Act, shall be allowed to continue in ac8 cordance with section 4(d)(1) of the Wilderness Act 

9 (16 U.S.C. 1133(d)(1)), subject to any terms and 

10 conditions that the Secretary determines to be nec11 essary. 

12 (9) CLIMATOLOGIC DATA COLLECTION.—Sub13 ject to such terms and conditions as the Secretary 

14 may prescribe, nothing in this section precludes the 

15 installation and maintenance of hydrologic, meteoro16 logic, or climatologic collection devices in wilderness 

17 areas if the facilities and access to the facilities are 

18 essential to flood warning, flood control, or water 

19 reservoir operation activities. 

20 (10) FISH AND WILDLIFE.—Nothing in this 

21 section affects the jurisdiction of the State with re22 spect to fish and wildlife located on public land in 

23 the State, except that the Secretary, after consulta24 tion with the New Mexico Department of Game and 

25 Fish, may designate zones where, and establish periVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
156 

•S 47 PCS

1 ods during which, no hunting or fishing shall be per2 mitted for reasons of public safety, administration, 

3 or compliance with applicable law. 

4 (11) WITHDRAWALS.— 

5 (A) IN GENERAL.—Subject to valid exist6 ing rights, the Federal land within the wilder7 ness areas and any land or interest in land that 

8 is acquired by the United States in the wilder9 ness areas after the date of enactment of this 

10 Act is withdrawn from— 

11 (i) entry, appropriation, or disposal 

12 under the public land laws; 

13 (ii) location, entry, and patent under 

14 the mining laws; and 

15 (iii) operation of the mineral leasing, 

16 mineral materials, and geothermal leasing 

17 laws. 

18 (B) PARCEL B.—The approximately 6,498 

19 acres of land generally depicted as ‘‘Parcel B’’ 

20 on the map entitled ‘‘Organ Mountains Area’’ 

21 and dated September 21, 2016, is withdrawn in 

22 accordance with subparagraph (A), except that 

23 the land is not withdrawn for purposes of the 

24 issuance of oil and gas pipeline or road rights25 of-way. 


kjohnson on DSK79L0C42 with BILLS
157 

•S 47 PCS

1 (C) PARCEL C.—The approximately 1,297 

2 acres of land generally depicted as ‘‘Parcel C’’ 

3 on the map entitled ‘‘Organ Mountains Area’’ 

4 and dated September 21, 2016, is withdrawn in 

5 accordance with subparagraph (A), except that 

6 the land is not withdrawn from disposal under 

7 the Act of June 14, 1926 (commonly known as 

8 the ‘‘Recreation and Public Purposes Act’’) (43 

9 U.S.C. 869 et seq.). 

10 (D) PARCEL D.— 

11 (i) IN GENERAL.—The Secretary of 

12 the Army shall allow for the conduct of 

13 certain recreational activities on the ap14 proximately 2,035 acres of land generally 

15 depicted as ‘‘Parcel D’’ on the map enti16 tled ‘‘Organ Mountains Area’’ and dated 

17 September 21, 2016 (referred to in this 

18 paragraph as the ‘‘parcel’’), which is a por19 tion of the public land withdrawn and re20 served for military purposes by Public 

21 Land Order 833 dated May 21, 1952 (17 

22 Fed. Reg. 4822). 

23 (ii) OUTDOOR RECREATION PLAN.— 

24 (I) IN GENERAL.—The Secretary 

25 of the Army shall develop a plan for 


kjohnson on DSK79L0C42 with BILLS
158 

•S 47 PCS

1 public outdoor recreation on the par2 cel that is consistent with the primary 

3 military mission of the parcel. 

4 (II) REQUIREMENT.—In devel5 oping the plan under subclause (I), 

6 the Secretary of the Army shall en7 sure, to the maximum extent prac8 ticable, that outdoor recreation activi9 ties may be conducted on the parcel, 

10 including hunting, hiking, wildlife 

11 viewing, and camping. 

12 (iii) CLOSURES.—The Secretary of the 

13 Army may close the parcel or any portion 

14 of the parcel to the public as the Secretary 

15 of the Army determines to be necessary to 

16 protect— 

17 (I) public safety; or 

18 (II) the safety of the military 

19 members training on the parcel. 

20 (iv) TRANSFER OF ADMINISTRATIVE

21 JURISDICTION; WITHDRAWAL.— 

22 (I) IN GENERAL.—On a deter23 mination by the Secretary of the 

24 Army that military training capabili25 ties, personnel safety, and installation 


kjohnson on DSK79L0C42 with BILLS
159 

•S 47 PCS

1 security would not be hindered as a 

2 result of the transfer to the Secretary 

3 of administrative jurisdiction over the 

4 parcel, the Secretary of the Army 

5 shall transfer to the Secretary admin6 istrative jurisdiction over the parcel. 

7 (II) WITHDRAWAL.—On transfer 

8 of the parcel under subclause (I), the 

9 parcel shall be— 

10 (aa) under the jurisdiction 

11 of the Director of the Bureau of 

12 Land Management; and 

13 (bb) withdrawn from— 

14 (AA) entry, appropria15 tion, or disposal under the 

16 public land laws; 

17 (BB) location, entry, 

18 and patent under the mining 

19 laws; and 

20 (CC) operation of the 

21 mineral leasing, mineral ma22 terials, and geothermal leas23 ing laws. 

24 (III) RESERVATION.—On trans25 fer under subclause (I), the parcel 


kjohnson on DSK79L0C42 with BILLS
160 

•S 47 PCS

1 shall be reserved for management of 

2 the resources of, and military training 

3 conducted on, the parcel in accord4 ance with a memorandum of under5 standing entered into under clause 

6 (v). 

7 (v) MEMORANDUM OF UNDER8 STANDING RELATING TO MILITARY TRAIN9 ING.— 

10 (I) IN GENERAL.—If, after the 

11 transfer of the parcel under clause 

12 (iv)(I), the Secretary of the Army re13 quests that the Secretary enter into a 

14 memorandum of understanding, the 

15 Secretary shall enter into a memo16 randum of understanding with the 

17 Secretary of the Army providing for 

18 the conduct of military training on the 

19 parcel. 

20 (II) REQUIREMENTS.—The 

21 memorandum of understanding en22 tered into under subclause (I) shall— 

23 (aa) address the location, 

24 frequency, and type of training 


kjohnson on DSK79L0C42 with BILLS
161 

•S 47 PCS

1 activities to be conducted on the 

2 parcel; 

3 (bb) provide to the Secretary 

4 of the Army access to the parcel 

5 for the conduct of military train6 ing; 

7 (cc) authorize the Secretary 

8 or the Secretary of the Army to 

9 close the parcel or a portion of 

10 the parcel to the public as the 

11 Secretary or the Secretary of the 

12 Army determines to be necessary 

13 to protect— 

14 (AA) public safety; or 

15 (BB) the safety of the 

16 military members training; 

17 and 

18 (dd) to the maximum extent 

19 practicable, provide for the pro20 tection of natural, historic, and 

21 cultural resources in the area of 

22 the parcel. 

23 (vi) MILITARY OVERFLIGHTS.—Noth24 ing in this subparagraph restricts or pre25 cludes— 


kjohnson on DSK79L0C42 with BILLS
162 

•S 47 PCS

1 (I) low-level overflights of mili2 tary aircraft over the parcel, including 

3 military overflights that can be seen 

4 or heard within the parcel; 

5 (II) the designation of new units 

6 of special airspace over the parcel; or 

7 (III) the use or establishment of 

8 military flight training routes over the 

9 parcel. 

10 (12) ROBLEDO MOUNTAINS.— 

11 (A) IN GENERAL.—The Secretary shall 

12 manage the Federal land described in subpara13 graph (B) in a manner that preserves the char14 acter of the land for the future inclusion of the 

15 land in the National Wilderness Preservation 

16 System. 

17 (B) LAND DESCRIPTION.—The land re18 ferred to in subparagraph (A) is certain land 

19 administered by the Bureau of Land Manage20 ment, comprising approximately 100 acres as 

21 generally depicted as ‘‘Lookout Peak Commu22 nication Site’’ on the map entitled ‘‘Desert 

23 Peaks Complex’’ and dated October 1, 2018. 

24 (C) USES.—The Secretary shall permit 

25 only such uses on the land described in subVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
163 

•S 47 PCS

1 paragraph (B) as were permitted on the date of 

2 enactment of this Act. 

3 (13) RELEASE OF WILDERNESS STUDY

4 AREAS.—Congress finds that, for purposes of section 

5 603(c) of the Federal Land Policy and Management 

6 Act of 1976 (43 U.S.C. 1782(c)), the public land in 

7 Don ̃a Ana County administered by the Bureau of 

8 Land Management not designated as wilderness by 

9 paragraph (1) or described in paragraph (12)— 

10 (A) has been adequately studied for wilder11 ness designation; 

12 (B) is no longer subject to section 603(c) 

13 of the Federal Land Policy and Management 

14 Act of 1976 (43 U.S.C. 1782(c)); and 

15 (C) shall be managed in accordance with— 

16 (i) the Federal Land Policy and Man17 agement Act of 1976 (43 U.S.C. 1701 et 

18 seq.); 

19 (ii) this section; and 

20 (iii) any other applicable laws. 

21 (14) PRIVATE LAND.—In accordance with sec22 tion 5 of the Wilderness Act (16 U.S.C. 1134), the 

23 Secretary shall ensure adequate access to non-Fed24 eral land located within the boundary of a wilderness 

25 area. 


kjohnson on DSK79L0C42 with BILLS
164 

•S 47 PCS

1 (c) BORDER SECURITY.— 

2 (1) IN GENERAL.—Nothing in this section— 

3 (A) prevents the Secretary of Homeland 

4 Security from undertaking law enforcement and 

5 border security activities, in accordance with 

6 section 4(c) of the Wilderness Act (16 U.S.C. 

7 1133(c)), within the wilderness areas, including 

8 the ability to use motorized access within a wil9 derness area while in pursuit of a suspect; 

10 (B) affects the 2006 Memorandum of Un11 derstanding among the Department of Home12 land Security, the Department of the Interior, 

13 and the Department of Agriculture regarding 

14 cooperative national security and counterter15 rorism efforts on Federal land along the bor16 ders of the United States; or 

17 (C) prevents the Secretary of Homeland 

18 Security from conducting any low-level over19 flights over the wilderness areas that may be 

20 necessary for law enforcement and border secu21 rity purposes. 

22 (2) WITHDRAWAL AND ADMINISTRATION OF

23 CERTAIN AREA.— 

24 (A) WITHDRAWAL.—The area identified as 

25 ‘‘Parcel A’’ on the map entitled ‘‘Potrillo MounVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
165 

•S 47 PCS

1 tains Complex’’ and dated September 27, 2018, 

2 is withdrawn in accordance with subsection 

3 (b)(11)(A). 

4 (B) ADMINISTRATION.—Except as pro5 vided in subparagraphs (C) and (D), the Sec6 retary shall administer the area described in 

7 subparagraph (A) in a manner that, to the 

8 maximum extent practicable, protects the wil9 derness character of the area. 

10 (C) USE OF MOTOR VEHICLES.—The use 

11 of motor vehicles, motorized equipment, and 

12 mechanical transport shall be prohibited in the 

13 area described in subparagraph (A) except as 

14 necessary for— 

15 (i) the administration of the area (in16 cluding the conduct of law enforcement 

17 and border security activities in the area); 

18 or 

19 (ii) grazing uses by authorized permit20 tees. 

21 (D) EFFECT OF SUBSECTION.—Nothing in 

22 this paragraph precludes the Secretary from al23 lowing within the area described in subpara24 graph (A) the installation and maintenance of 

25 communication or surveillance infrastructure 


kjohnson on DSK79L0C42 with BILLS
166 

•S 47 PCS

1 necessary for law enforcement or border secu2 rity activities. 

3 (3) RESTRICTED ROUTE.—The route excluded 

4 from the Potrillo Mountains Wilderness identified as 

5 ‘‘Restricted—Administrative Access’’ on the map en6 titled ‘‘Potrillo Mountains Complex’’ and dated Sep7 tember 27, 2018, shall be— 

8 (A) closed to public access; but 

9 (B) available for administrative and law 

10 enforcement uses, including border security ac11 tivities. 

12 (d) ORGAN MOUNTAINS-DESERT PEAKS NATIONAL

13 MONUMENT.— 

14 (1) MANAGEMENT PLAN.—In preparing and im15 plementing the management plan for the Monument, 

16 the Secretary shall include a watershed health as17 sessment to identify opportunities for watershed res18 toration. 

19 (2) INCORPORATION OF ACQUIRED STATE

20 TRUST LAND AND INTERESTS IN STATE TRUST

21 LAND.— 

22 (A) IN GENERAL.—Any land or interest in 

23 land that is within the State trust land de24 scribed in subparagraph (B) that is acquired by 

25 the United States shall— 


kjohnson on DSK79L0C42 with BILLS
167 

•S 47 PCS

1 (i) become part of the Monument; and 

2 (ii) be managed in accordance with— 

3 (I) Presidential Proclamation 

4 9131 (79 Fed. Reg. 30431); 

5 (II) this section; and 

6 (III) any other applicable laws. 

7 (B) DESCRIPTION OF STATE TRUST

8 LAND.—The State trust land referred to in sub9 paragraph (A) is the State trust land in T. 22 

10 S., R 01 W., New Mexico Principal Meridian 

11 and T. 22 S., R. 02 W., New Mexico Principal 

12 Meridian. 

13 (3) LAND EXCHANGES.— 

14 (A) IN GENERAL.—Subject to subpara15 graphs (C) through (F), the Secretary shall at16 tempt to enter into an agreement to initiate an 

17 exchange under section 2201.1 of title 43, Code 

18 of Federal Regulations (or successor regula19 tions), with the Commissioner of Public Lands 

20 of New Mexico, by the date that is 18 months 

21 after the date of enactment of this Act, to pro22 vide for a conveyance to the State of all right, 

23 title, and interest of the United States in and 

24 to Bureau of Land Management land in the 

25 State identified under subparagraph (B) in exVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
168 

•S 47 PCS

1 change for the conveyance by the State to the 

2 Secretary of all right, title, and interest of the 

3 State in and to parcels of State trust land with4 in the boundary of the Monument identified 

5 under that subparagraph or described in para6 graph (2)(B). 

7 (B) IDENTIFICATION OF LAND FOR EX8 CHANGE.—The Secretary and the Commissioner 

9 of Public Lands of New Mexico shall jointly 

10 identify the Bureau of Land Management land 

11 and State trust land eligible for exchange under 

12 this paragraph, the exact acreage and legal de13 scription of which shall be determined by sur14 veys approved by the Secretary and the New 

15 Mexico State Land Office. 

16 (C) APPLICABLE LAW.—A land exchange 

17 under subparagraph (A) shall be carried out in 

18 accordance with section 206 of the Federal 

19 Land Policy and Management Act of 1976 (43 

20 U.S.C. 1716). 

21 (D) CONDITIONS.—A land exchange under 

22 subparagraph (A) shall be subject to— 

23 (i) valid existing rights; and 

24 (ii) such terms as the Secretary and 

25 the State shall establish. 


kjohnson on DSK79L0C42 with BILLS
169 

•S 47 PCS

1 (E) VALUATION, APPRAISALS, AND

2 EQUALIZATION.— 

3 (i) IN GENERAL.—The value of the 

4 Bureau of Land Management land and the 

5 State trust land to be conveyed in a land 

6 exchange under this paragraph— 

7 (I) shall be equal, as determined 

8 by appraisals conducted in accordance 

9 with clause (ii); or 

10 (II) if not equal, shall be equal11 ized in accordance with clause (iii). 

12 (ii) APPRAISALS.— 

13 (I) IN GENERAL.—The Bureau of 

14 Land Management land and State 

15 trust land to be exchanged under this 

16 paragraph shall be appraised by an 

17 independent, qualified appraiser that 

18 is agreed to by the Secretary and the 

19 State. 

20 (II) REQUIREMENTS.—An ap21 praisal under subclause (I) shall be 

22 conducted in accordance with— 

23 (aa) the Uniform Appraisal 

24 Standards for Federal Land Ac25 quisitions; and 


kjohnson on DSK79L0C42 with BILLS
170 

•S 47 PCS

1 (bb) the Uniform Standards 

2 of Professional Appraisal Prac3 tice. 

4 (iii) EQUALIZATION.— 

5 (I) IN GENERAL.—If the value of 

6 the Bureau of Land Management land 

7 and the State trust land to be con8 veyed in a land exchange under this 

9 paragraph is not equal, the value may 

10 be equalized by— 

11 (aa) making a cash equali12 zation payment to the Secretary 

13 or to the State, as appropriate, in 

14 accordance with section 206(b) of 

15 the Federal Land Policy and 

16 Management Act of 1976 (43 

17 U.S.C. 1716(b)); or 

18 (bb) reducing the acreage of 

19 the Bureau of Land Management 

20 land or State trust land to be ex21 changed, as appropriate. 

22 (II) CASH EQUALIZATION PAY23 MENTS.—Any cash equalization pay24 ments received by the Secretary under 

25 subclause (I)(aa) shall be— 


kjohnson on DSK79L0C42 with BILLS
171 

•S 47 PCS

1 (aa) deposited in the Fed2 eral Land Disposal Account es3 tablished by section 206(a) of the 

4 Federal Land Transaction Facili5 tation Act (43 U.S.C. 2305(a)); 

6 and 

7 (bb) used in accordance with 

8 that Act. 

9 (F) LIMITATION.—No exchange of land 

10 shall be conducted under this paragraph unless 

11 mutually agreed to by the Secretary and the 

12 State. 

SEC. 1202. CERRO DEL YUTA AND RI 13  ́O SAN ANTONIO WIL14 DERNESS AREAS. 

15 (a) DEFINITIONS.—In this section: 

16 (1) MAP.—The term ‘‘map’’ means the map en17 titled ‘‘Rı ́o Grande del Norte National Monument 

18 Proposed Wilderness Areas’’ and dated July 28, 

19 2015. 

20 (2) WILDERNESS AREA.—The term ‘‘wilderness 

21 area’’ means a wilderness area designated by sub22 section (b)(1). 

23 (b) DESIGNATION OF CERRO DEL YUTA AND R ́IO

24 SAN ANTONIO WILDERNESS AREAS.— 


kjohnson on DSK79L0C42 with BILLS
172 

•S 47 PCS

1 (1) IN GENERAL.—In accordance with the Wil2 derness Act (16 U.S.C. 1131 et seq.), the following 

3 areas in the Rı ́o Grande del Norte National Monu4 ment are designated as wilderness and as compo5 nents of the National Wilderness Preservation Sys6 tem: 

7 (A) CERRO DEL YUTA WILDERNESS.—Cer8 tain land administered by the Bureau of Land 

9 Management in Taos County, New Mexico, 

10 comprising approximately 13,420 acres as gen11 erally depicted on the map, which shall be 

12 known as the ‘‘Cerro del Yuta Wilderness’’. 

13 (B) R ́IO SAN ANTONIO WILDERNESS.—Cer14 tain land administered by the Bureau of Land 

15 Management in Rı ́o Arriba County, New Mex16 ico, comprising approximately 8,120 acres, as 

17 generally depicted on the map, which shall be 

18 known as the ‘‘Rı ́o San Antonio Wilderness’’. 

19 (2) MANAGEMENT OF WILDERNESS AREAS.— 

20 Subject to valid existing rights, the wilderness areas 

21 shall be administered in accordance with the Wilder22 ness Act (16 U.S.C. 1131 et seq.) and this section, 

23 except that with respect to the wilderness areas des24 ignated by this section— 


kjohnson on DSK79L0C42 with BILLS
173 

•S 47 PCS

1 (A) any reference to the effective date of 

2 the Wilderness Act shall be considered to be a 

3 reference to the date of enactment of this Act; 

4 and 

5 (B) any reference in the Wilderness Act to 

6 the Secretary of Agriculture shall be considered 

7 to be a reference to the Secretary. 

8 (3) INCORPORATION OF ACQUIRED LAND AND

9 INTERESTS IN LAND.—Any land or interest in land 

10 within the boundary of the wilderness areas that is 

11 acquired by the United States shall— 

12 (A) become part of the wilderness area in 

13 which the land is located; and 

14 (B) be managed in accordance with— 

15 (i) the Wilderness Act (16 U.S.C. 

16 1131 et seq.); 

17 (ii) this section; and 

18 (iii) any other applicable laws. 

19 (4) GRAZING.—Grazing of livestock in the wil20 derness areas, where established before the date of 

21 enactment of this Act, shall be administered in ac22 cordance with— 

23 (A) section 4(d)(4) of the Wilderness Act 

24 (16 U.S.C. 1133(d)(4)); and 


kjohnson on DSK79L0C42 with BILLS
174 

•S 47 PCS

1 (B) the guidelines set forth in appendix A 

2 of the Report of the Committee on Interior and 

3 Insular Affairs to accompany H.R. 2570 of the 

4 101st Congress (H. Rept. 101–405). 

5 (5) BUFFER ZONES.— 

6 (A) IN GENERAL.—Nothing in this section 

7 creates a protective perimeter or buffer zone 

8 around the wilderness areas. 

9 (B) ACTIVITIES OUTSIDE WILDERNESS

10 AREAS.—The fact that an activity or use on 

11 land outside a wilderness area can be seen or 

12 heard within the wilderness area shall not pre13 clude the activity or use outside the boundary 

14 of the wilderness area. 

15 (6) RELEASE OF WILDERNESS STUDY AREAS.— 

16 Congress finds that, for purposes of section 603(c) 

17 of the Federal Land Policy and Management Act of 

18 1976 (43 U.S.C. 1782(c)), the public land within the 

19 San Antonio Wilderness Study Area not designated 

20 as wilderness by this section— 

21 (A) has been adequately studied for wilder22 ness designation; 

23 (B) is no longer subject to section 603(c) 

24 of the Federal Land Policy and Management 

25 Act of 1976 (43 U.S.C. 1782(c)); and 


kjohnson on DSK79L0C42 with BILLS
175 

•S 47 PCS

1 (C) shall be managed in accordance with 

2 this section. 

3 (7) MAPS AND LEGAL DESCRIPTIONS.— 

4 (A) IN GENERAL.—As soon as practicable 

5 after the date of enactment of this Act, the Sec6 retary shall file the map and legal descriptions 

7 of the wilderness areas with— 

8 (i) the Committee on Energy and 

9 Natural Resources of the Senate; and 

10 (ii) the Committee on Natural Re11 sources of the House of Representatives. 

12 (B) FORCE OF LAW.—The map and legal 

13 descriptions filed under subparagraph (A) shall 

14 have the same force and effect as if included in 

15 this section, except that the Secretary may cor16 rect errors in the legal description and map. 

17 (C) PUBLIC AVAILABILITY.—The map and 

18 legal descriptions filed under subparagraph (A) 

19 shall be on file and available for public inspec20 tion in the appropriate offices of the Bureau of 

21 Land Management. 

22 (8) NATIONAL LANDSCAPE CONSERVATION SYS23 TEM.—The wilderness areas shall be administered as 

24 components of the National Landscape Conservation 

25 System. 


kjohnson on DSK79L0C42 with BILLS
176 

•S 47 PCS

1 (9) FISH AND WILDLIFE.—Nothing in this sec2 tion affects the jurisdiction of the State of New 

3 Mexico with respect to fish and wildlife located on 

4 public land in the State. 

5 (10) WITHDRAWALS.—Subject to valid existing 

6 rights, any Federal land within the wilderness areas 

7 designated by paragraph (1), including any land or 

8 interest in land that is acquired by the United 

9 States after the date of enactment of this Act, is 

10 withdrawn from— 

11 (A) entry, appropriation, or disposal under 

12 the public land laws; 

13 (B) location, entry, and patent under the 

14 mining laws; and 

15 (C) operation of the mineral leasing, min16 eral materials, and geothermal leasing laws. 

17 (11) TREATY RIGHTS.—Nothing in this section 

18 enlarges, diminishes, or otherwise modifies any trea19 ty rights. 

20 SEC. 1203. METHOW VALLEY, WASHINGTON, FEDERAL LAND 

21 WITHDRAWAL. 

22 (a) DEFINITION OF MAP.—In this section, the term 

23 ‘‘Map’’ means the Forest Service map entitled ‘‘Methow 

24 Headwaters Withdrawal Proposal Legislative Map’’ and 

25 dated May 24, 2016. 


kjohnson on DSK79L0C42 with BILLS
177 

•S 47 PCS

1 (b) WITHDRAWAL.—Subject to valid existing rights, 

2 the approximately 340,079 acres of Federal land and in3 terests in the land located in the Okanogan-Wenatchee 

4 National Forest within the area depicted on the Map as 

5 ‘‘Proposed Withdrawal’’ is withdrawn from all forms of— 

6 (1) entry, appropriation, or disposal under the 

7 public land laws; 

8 (2) location, entry, and patent under the mining 

9 laws; and 

10 (3) disposition under the mineral leasing and 

11 geothermal leasing laws. 

12 (c) ACQUIRED LAND.—Any land or interest in land 

13 within the area depicted on the Map as ‘‘Proposed With14 drawal’’ that is acquired by the United States after the 

15 date of enactment of this Act shall, on acquisition, be im16 mediately withdrawn in accordance with this section. 

17 (d) AVAILABILITY OF MAP.—The Map shall be kept 

18 on file and made available for public inspection in the ap19 propriate offices of the Forest Service and the Bureau of 

20 Land Management. 

21 SEC. 1204. EMIGRANT CREVICE WITHDRAWAL. 

22 (a) DEFINITION OF MAP.—In this section, the term 

23 ‘‘map’’ means the map entitled ‘‘Emigrant Crevice Pro24 posed Withdrawal Area’’ and dated November 10, 2016. 


kjohnson on DSK79L0C42 with BILLS
178 

•S 47 PCS

1 (b) WITHDRAWAL.—Subject to valid existing rights 

2 in existence on the date of enactment of this Act, the Na3 tional Forest System land and interests in the National 

4 Forest System land, as depicted on the map, is withdrawn 

5 from— 

6 (1) location, entry, and patent under the mining 

7 laws; and 

8 (2) disposition under all laws pertaining to min9 eral and geothermal leasing. 

10 (c) ACQUIRED LAND.—Any land or interest in land 

11 within the area depicted on the map that is acquired by 

12 the United States after the date of enactment of this Act 

13 shall, on acquisition, be immediately withdrawn in accord14 ance with this section. 

15 (d) MAP.— 

16 (1) SUBMISSION OF MAP.—As soon as prac17 ticable after the date of enactment of this Act, the 

18 Secretary of Agriculture shall file the map with— 

19 (A) the Committee on Energy and Natural 

20 Resources of the Senate; and 

21 (B) the Committee on Natural Resources 

22 of the House of Representatives. 

23 (2) FORCE OF LAW.—The map filed under 

24 paragraph (1) shall have the same force and effect 

25 as if included in this section, except that the SecVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
179 

•S 47 PCS

1 retary of Agriculture may correct clerical and typo2 graphical errors in the map. 

3 (3) PUBLIC AVAILABILITY.—The map filed 

4 under paragraph (1) shall be on file and available 

5 for public inspection in the appropriate offices of the 

6 Forest Service and the Bureau of Land Manage7 ment. 

8 (e) EFFECT.—Nothing in this section affects any rec9 reational use, including hunting or fishing, that is author10 ized on land within the area depicted on the map under 

11 applicable law as of the date of enactment of this Act. 

12 SEC. 1205. OREGON WILDLANDS. 

13 (a) WILD AND SCENIC RIVER ADDITIONS, DESIGNA14 TIONS AND TECHNICAL CORRECTIONS.— 

15 (1) ADDITIONS TO ROGUE WILD AND SCENIC

16 RIVER.— 

17 (A) IN GENERAL.—Section 3(a) of the 

18 Wild and Scenic Rivers Act (16 U.S.C. 

19 1274(a)) is amended by striking paragraph (5) 

20 and inserting the following: 

21 ‘‘(5) ROGUE, OREGON.— 

22 ‘‘(A) IN GENERAL.—The segment of the 

23 river extending from the mouth of the Apple24 gate River downstream to the Lobster Creek 

25 Bridge, to be administered by the Secretary of 


kjohnson on DSK79L0C42 with BILLS
180 

•S 47 PCS

1 the Interior or the Secretary of Agriculture, as 

2 agreed to by the Secretaries of the Interior and 

3 Agriculture or as directed by the President. 

4 ‘‘(B) ADDITIONS.—In addition to the seg5 ment described in subparagraph (A), there are 

6 designated the following segments in the Rogue 

7 River: 

8 ‘‘(i) KELSEY CREEK.—The approxi9 mately 6.8-mile segment of Kelsey Creek 

10 from the Wild Rogue Wilderness boundary 

11 in T. 32 S., R. 9 W., sec. 25, Willamette 

12 Meridian, to the confluence with the Rogue 

13 River, as a wild river. 

14 ‘‘(ii) EAST FORK KELSEY CREEK.— 

15 ‘‘(I) SCENIC RIVER.—The ap16 proximately 0.2-mile segment of East 

17 Fork Kelsey Creek from headwaters 

18 downstream to the Wild Rogue Wil19 derness boundary in T. 33 S., R. 8 

20 W., sec. 5, Willamette Meridian, as a 

21 scenic river. 

22 ‘‘(II) WILD RIVER.—The ap23 proximately 4.6-mile segment of East 

24 Fork Kelsey Creek from the Wild 

25 Rogue Wilderness boundary in T. 33 


kjohnson on DSK79L0C42 with BILLS
181 

•S 47 PCS

1 S., R. 8 W., sec. 5, Willamette Merid2 ian, to the confluence with Kelsey 

3 Creek, as a wild river. 

4 ‘‘(iii) WHISKY CREEK.— 

5 ‘‘(I) RECREATIONAL RIVER.— 

6 The approximately 1.6-mile segment 

7 of Whisky Creek from the confluence 

8 of the East Fork and West Fork to 

9 the south boundary of the non-Fed10 eral land in T. 33 S., R. 8 W., sec. 

11 17, Willamette Meridian, as a rec12 reational river. 

13 ‘‘(II) WILD RIVER.—The ap14 proximately 1.2-mile segment of Whis15 ky Creek from road 33-8-23 to the 

16 confluence with the Rogue River, as a 

17 wild river. 

18 ‘‘(iv) EAST FORK WHISKY CREEK.— 

19 ‘‘(I) SCENIC RIVER.—The ap20 proximately 0.9-mile segment of East 

21 Fork Whisky Creek from its head22 waters to Wild Rogue Wilderness 

23 boundary in T. 33 S., R. 8 W., sec. 

24 11, Willamette Meridian, as a scenic 

25 river. 


kjohnson on DSK79L0C42 with BILLS
182 

•S 47 PCS

1 ‘‘(II) WILD RIVER.—The ap2 proximately 2.6-mile segment of East 

3 Fork Whisky Creek from the Wild 

4 Rogue Wilderness boundary in T. 33 

5 S., R. 8 W., sec. 11, Willamette Me6 ridian, downstream to road 33-8-26 

7 crossing, as a wild river. 

8 ‘‘(III) RECREATIONAL RIVER.— 

9 The approximately 0.3-mile segment 

10 of East Fork Whisky Creek from road 

11 33-8-26 to the confluence with Whis12 ky Creek, as a recreational river. 

13 ‘‘(v) WEST FORK WHISKY CREEK.— 

14 The approximately 4.8-mile segment of 

15 West Fork Whisky Creek from its head16 waters to the confluence with the East 

17 Fork Whisky Creek, as a wild river. 

18 ‘‘(vi) BIG WINDY CREEK.— 

19 ‘‘(I) SCENIC RIVER.—The ap20 proximately 1.5-mile segment of Big 

21 Windy Creek from its headwaters to 

22 road 34-9-17.1, as a scenic river. 

23 ‘‘(II) WILD RIVER.—The ap24 proximately 5.8-mile segment of Big 

25 Windy Creek from road 34-9-17.1 to 


kjohnson on DSK79L0C42 with BILLS
183 

•S 47 PCS

1 the confluence with the Rogue River, 

2 as a wild river. 

3 ‘‘(vii) EAST FORK BIG WINDY

4 CREEK.— 

5 ‘‘(I) SCENIC RIVER.—The ap6 proximately 0.2-mile segment of East 

7 Fork Big Windy Creek from its head8 waters to road 34-8-36, as a scenic 

9 river. 

10 ‘‘(II) WILD RIVER.—The ap11 proximately 3.7-mile segment of East 

12 Fork Big Windy Creek from road 34- 

13 8-36 to the confluence with Big 

14 Windy Creek, as a wild river. 

15 ‘‘(viii) LITTLE WINDY CREEK.— 

16 ‘‘(I) SCENIC RIVER.—The ap17 proximately 1.2-mile segment of Little 

18 Windy Creek from its headwaters to 

19 the Wild Rogue Wilderness boundary 

20 in T. 33 S., R. 9 W., sec. 33, Willam21 ette Meridian, as a scenic river. 

22 ‘‘(II) WILD RIVER.—The ap23 proximately 1.9-mile segment of Little 

24 Windy Creek from the Wild Rogue 

25 Wilderness boundary in T. 33 S., R. 


kjohnson on DSK79L0C42 with BILLS
184 

•S 47 PCS

1 9 W., sec. 34, Willamette Meridian, to 

2 the confluence with the Rogue River, 

3 as a wild river. 

4 ‘‘(ix) HOWARD CREEK.— 

5 ‘‘(I) SCENIC RIVER.—The ap6 proximately 3.5-mile segment of How7 ard Creek from its headwaters to road 

8 34-9-34, as a scenic river. 

9 ‘‘(II) WILD RIVER.—The ap10 proximately 6.9-mile segment of How11 ard Creek from 0.1 miles downstream 

12 of road 34-9-34 to the confluence with 

13 the Rogue River, as a wild river. 

14 ‘‘(III) WILD RIVER.—The ap15 proximately 3.5-mile segment of Anna 

16 Creek from its headwaters to the con17 fluence with Howard Creek, as a wild 

18 river. 

19 ‘‘(x) MULE CREEK.— 

20 ‘‘(I) SCENIC RIVER.—The ap21 proximately 3.5-mile segment of Mule 

22 Creek from its headwaters down23 stream to the Wild Rogue Wilderness 

24 boundary as a scenic river. 


kjohnson on DSK79L0C42 with BILLS
185 

•S 47 PCS

1 ‘‘(II) WILD RIVER.—The ap2 proximately 7.8-mile segment of Mule 

3 Creek from the Wild Rogue Wilder4 ness boundary in T. 32 S., R. 9 W., 

5 sec. 29, Willamette Meridian, to the 

6 confluence with the Rogue River, as a 

7 wild river. 

8 ‘‘(xi) MISSOURI CREEK.— 

9 ‘‘(I) SCENIC RIVER.—The ap10 proximately 3.1-mile segment of Mis11 souri Creek from its headwaters 

12 downstream to the Wild Rogue Wil13 derness boundary in T. 33 S., R. 10 

14 W., sec. 24, Willamette Meridian, as a 

15 scenic river. 

16 ‘‘(II) WILD RIVER.—The ap17 proximately 1.6-mile segment of Mis18 souri Creek from the Wild Rogue Wil19 derness boundary in T. 33 S., R. 10 

20 W., sec. 24, Willamette Meridian, to 

21 the confluence with the Rogue River, 

22 as a wild river. 

23 ‘‘(xii) JENNY CREEK.— 

24 ‘‘(I) SCENIC RIVER.—The ap25 proximately 3.1-mile segment of 


kjohnson on DSK79L0C42 with BILLS
186 

•S 47 PCS

1 Jenny Creek from its headwaters 

2 downstream to the Wild Rogue Wil3 derness boundary in T. 33 S., R. 9 

4 W., sec. 28, Willamette Meridian, as a 

5 scenic river. 

6 ‘‘(II) WILD RIVER.—The ap7 proximately 1.8-mile segment of 

8 Jenny Creek from the Wild Rogue 

9 Wilderness boundary in T. 33 S., R. 

10 9 W., sec. 28, Willamette Meridian, to 

11 the confluence with the Rogue River, 

12 as a wild river. 

13 ‘‘(xiii) RUM CREEK.— 

14 ‘‘(I) SCENIC RIVER.—The ap15 proximately 2.2-mile segment of Rum 

16 Creek from its headwaters to the Wild 

17 Rogue Wilderness boundary in T. 34 

18 S., R. 8 W., sec. 9, Willamette Merid19 ian, as a scenic river. 

20 ‘‘(II) WILD RIVER.—The ap21 proximately 2.2-mile segment of Rum 

22 Creek from the Wild Rogue Wilder23 ness boundary in T. 34 S., R. 8 W., 

24 sec. 9, Willamette Meridian, to the 


kjohnson on DSK79L0C42 with BILLS
187 

•S 47 PCS

1 confluence with the Rogue River, as a 

2 wild river. 

3 ‘‘(xiv) EAST FORK RUM CREEK.— 

4 ‘‘(I) SCENIC RIVER.—The ap5 proximately 0.8-mile segment of East 

6 Fork Rum Creek from its headwaters 

7 to the Wild Rogue Wilderness bound8 ary in T. 34 S., R. 8 W., sec. 10, Wil9 lamette Meridian, as a scenic river. 

10 ‘‘(II) WILD RIVER.—The ap11 proximately 1.3-mile segment of East 

12 Fork Rum Creek from the Wild 

13 Rogue Wilderness boundary in T. 34 

14 S., R. 8 W., sec. 10, Willamette Me15 ridian, to the confluence with Rum 

16 Creek, as a wild river. 

17 ‘‘(xv) WILDCAT CREEK.—The approxi18 mately 1.7-mile segment of Wildcat Creek 

19 from its headwaters downstream to the 

20 confluence with the Rogue River, as a wild 

21 river. 

22 ‘‘(xvi) MONTGOMERY CREEK.—The 

23 approximately 1.8-mile segment of Mont24 gomery Creek from its headwaters downVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
188 

•S 47 PCS

1 stream to the confluence with the Rogue 

2 River, as a wild river. 

3 ‘‘(xvii) HEWITT CREEK.— 

4 ‘‘(I) SCENIC RIVER.—The ap5 proximately 1.4-mile segment of Hew6 itt Creek from its headwaters to the 

7 Wild Rogue Wilderness boundary in 

8 T. 33 S., R. 9 W., sec. 19, Willamette 

9 Meridian, as a scenic river. 

10 ‘‘(II) WILD RIVER.—The ap11 proximately 1.2-mile segment of Hew12 itt Creek from the Wild Rogue Wil13 derness boundary in T. 33 S., R. 9 

14 W., sec. 19, Willamette Meridian, to 

15 the confluence with the Rogue River, 

16 as a wild river. 

17 ‘‘(xviii) BUNKER CREEK.—The ap18 proximately 6.6-mile segment of Bunker 

19 Creek from its headwaters to the con20 fluence with the Rogue River, as a wild 

21 river. 

22 ‘‘(xix) DULOG CREEK.— 

23 ‘‘(I) SCENIC RIVER.—The ap24 proximately 0.8-mile segment of 

25 Dulog Creek from its headwaters to 


kjohnson on DSK79L0C42 with BILLS
189 

•S 47 PCS

1 0.1 miles downstream of road 34-8- 

2 36, as a scenic river. 

3 ‘‘(II) WILD RIVER.—The ap4 proximately 1.0-mile segment of 

5 Dulog Creek from road 34-8-36 to the 

6 confluence with the Rogue River, as a 

7 wild river. 

8 ‘‘(xx) QUAIL CREEK.—The approxi9 mately 1.7-mile segment of Quail Creek 

10 from the Wild Rogue Wilderness boundary 

11 in T. 33 S., R. 10 W., sec. 1, Willamette 

12 Meridian, to the confluence with the Rogue 

13 River, as a wild river. 

14 ‘‘(xxi) MEADOW CREEK.—The ap15 proximately 4.1-mile segment of Meadow 

16 Creek from its headwaters to the con17 fluence with the Rogue River, as a wild 

18 river. 

19 ‘‘(xxii) RUSSIAN CREEK.—The ap20 proximately 2.5-mile segment of Russian 

21 Creek from the Wild Rogue Wilderness 

22 boundary in T. 33 S., R. 8 W., sec. 20, 

23 Willamette Meridian, to the confluence 

24 with the Rogue River, as a wild river. 


kjohnson on DSK79L0C42 with BILLS
190 

•S 47 PCS

1 ‘‘(xxiii) ALDER CREEK.—The approxi2 mately 1.2-mile segment of Alder Creek 

3 from its headwaters to the confluence with 

4 the Rogue River, as a wild river. 

5 ‘‘(xxiv) BOOZE CREEK.—The approxi6 mately 1.5-mile segment of Booze Creek 

7 from its headwaters to the confluence with 

8 the Rogue River, as a wild river. 

9 ‘‘(xxv) BRONCO CREEK.—The ap10 proximately 1.8-mile segment of Bronco 

11 Creek from its headwaters to the con12 fluence with the Rogue River, as a wild 

13 river. 

14 ‘‘(xxvi) COPSEY CREEK.—The ap15 proximately 1.5-mile segment of Copsey 

16 Creek from its headwaters to the con17 fluence with the Rogue River, as a wild 

18 river. 

19 ‘‘(xxvii) CORRAL CREEK.—The ap20 proximately 0.5-mile segment of Corral 

21 Creek from its headwaters to the con22 fluence with the Rogue River, as a wild 

23 river. 

24 ‘‘(xxviii) COWLEY CREEK.—The ap25 proximately 0.9-mile segment of Cowley 


kjohnson on DSK79L0C42 with BILLS
191 

•S 47 PCS

1 Creek from its headwaters to the con2 fluence with the Rogue River, as a wild 

3 river. 

4 ‘‘(xxix) DITCH CREEK.—The approxi5 mately 1.8-mile segment of Ditch Creek 

6 from the Wild Rogue Wilderness boundary 

7 in T. 33 S., R. 9 W., sec. 5, Willamette 

8 Meridian, to its confluence with the Rogue 

9 River, as a wild river. 

10 ‘‘(xxx) FRANCIS CREEK.—The ap11 proximately 0.9-mile segment of Francis 

12 Creek from its headwaters to the con13 fluence with the Rogue River, as a wild 

14 river. 

15 ‘‘(xxxi) LONG GULCH.— 

16 ‘‘(I) SCENIC RIVER.—The ap17 proximately 1.4-mile segment of Long 

18 Gulch from its headwaters to the Wild 

19 Rogue Wilderness boundary in T. 33 

20 S., R. 10 W., sec. 23, Willamette Me21 ridian, as a scenic river. 

22 ‘‘(II) WILD RIVER.—The ap23 proximately 1.1-mile segment of Long 

24 Gulch from the Wild Rogue Wilder25 ness boundary in T. 33 S., R. 10 W., 


kjohnson on DSK79L0C42 with BILLS
192 

•S 47 PCS

1 sec. 23, Willamette Meridian, to the 

2 confluence with the Rogue River, as a 

3 wild river. 

4 ‘‘(xxxii) BAILEY CREEK.— 

5 ‘‘(I) SCENIC RIVER.—The ap6 proximately 1.4-mile segment of Bai7 ley Creek from its headwaters to the 

8 Wild Rogue Wilderness boundary on 

9 the west section line of T. 34 S., R. 

10 8 W., sec. 14, Willamette Meridian, as 

11 a scenic river. 

12 ‘‘(II) WILD RIVER.—The ap13 proximately 1.7-mile segment of Bai14 ley Creek from the west section line of 

15 T. 34 S., R.8 W., sec. 14, Willamette 

16 Meridian, to the confluence of the 

17 Rogue River, as a wild river. 

18 ‘‘(xxxiii) SHADY CREEK.—The ap19 proximately 0.7-mile segment of Shady 

20 Creek from its headwaters to the con21 fluence with the Rogue River, as a wild 

22 river. 

23 ‘‘(xxxiv) SLIDE CREEK.— 

24 ‘‘(I) SCENIC RIVER.—The ap25 proximately 0.5-mile segment of Slide 


kjohnson on DSK79L0C42 with BILLS
193 

•S 47 PCS

1 Creek from its headwaters to road 33- 

2 9-6, as a scenic river. 

3 ‘‘(II) WILD RIVER.—The ap4 proximately 0.7-mile section of Slide 

5 Creek from road 33-9-6 to the con6 fluence with the Rogue River, as a 

7 wild river.’’. 

8 (B) MANAGEMENT.—Each river segment 

9 designated by subparagraph (B) of section 

10 3(a)(5) of the Wild and Scenic Rivers Act (16 

11 U.S.C. 1274(a)(5)) (as added by subparagraph 

12 (A)) shall be managed as part of the Rogue 

13 Wild and Scenic River. 

14 (C) WITHDRAWAL.—Subject to valid exist15 ing rights, the Federal land within the bound16 aries of the river segments designated by sub17 paragraph (B) of section 3(a)(5) of the Wild 

18 and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) 

19 (as added by subparagraph (A)) is withdrawn 

20 from all forms of— 

21 (i) entry, appropriation, or disposal 

22 under the public land laws; 

23 (ii) location, entry, and patent under 

24 the mining laws; and 


kjohnson on DSK79L0C42 with BILLS
194 

•S 47 PCS

1 (iii) disposition under all laws per2 taining to mineral and geothermal leasing 

3 or mineral materials. 

4 (D) ADDITIONAL PROTECTIONS FOR

5 ROGUE RIVER TRIBUTARIES.— 

6 (i) LICENSING BY COMMISSION.—The 

7 Federal Energy Regulatory Commission 

8 shall not license the construction of any 

9 dam, water conduit, reservoir, powerhouse, 

10 transmission line, or other project works 

11 on or directly affecting any stream de12 scribed in clause (iv). 

13 (ii) OTHER AGENCIES.— 

14 (I) IN GENERAL.—No depart15 ment or agency of the United States 

16 shall assist by loan, grant, license, or 

17 otherwise in the construction of any 

18 water resources project on or directly 

19 affecting any stream segment that is 

20 described in clause (iv), except to 

21 maintain or repair water resources 

22 projects in existence on the date of 

23 enactment of this Act. 

24 (II) EFFECT.—Nothing in this 

25 clause prohibits any department or 


kjohnson on DSK79L0C42 with BILLS
195 

•S 47 PCS

1 agency of the United States in assist2 ing by loan, grant, license, or other3 wise, a water resources project— 

4 (aa) the primary purpose of 

5 which is ecological or aquatic res6 toration; 

7 (bb) that provides a net ben8 efit to water quality and aquatic 

9 resources; and 

10 (cc) that is consistent with 

11 protecting and enhancing the val12 ues for which the river was des13 ignated. 

14 (iii) WITHDRAWAL.—Subject to valid 

15 existing rights, the Federal land located 

within 1 16 ⁄4 mile on either side of the stream 

17 segments described in clause (iv) is with18 drawn from all forms of— 

19 (I) entry, appropriation, or dis20 posal under the public land laws; 

21 (II) location, entry, and patent 

22 under the mining laws; and 

23 (III) disposition under all laws 

24 pertaining to mineral and geothermal 

25 leasing or mineral materials. 


kjohnson on DSK79L0C42 with BILLS
196 

•S 47 PCS

1 (iv) DESCRIPTION OF STREAM SEG2 MENTS.—The following are the stream seg3 ments referred to in clause (i): 

4 (I) KELSEY CREEK.—The ap5 proximately 2.5-mile segment of 

6 Kelsey Creek from its headwaters to 

7 the Wild Rogue Wilderness boundary 

8 in T. 32 S., R. 9 W., sec. 25, Willam9 ette Meridian. 

10 (II) GRAVE CREEK.—The ap11 proximately 10.2-mile segment of 

12 Grave Creek from the east boundary 

13 of T. 34 S., R. 7 W., sec. 1, Willam14 ette Meridian, downstream to the con15 fluence with the Rogue River. 

16 (III) CENTENNIAL GULCH.—The 

17 approximately 2.2-mile segment of 

18 Centennial Gulch from its headwaters 

19 to its confluence with the Rogue River 

20 in T. 34 S., R. 7, W., sec. 18, Willam21 ette Meridian. 

22 (IV) QUAIL CREEK.—The ap23 proximately 0.8-mile segment of Quail 

24 Creek from its headwaters to the Wild 

25 Rogue Wilderness boundary in T. 33 


kjohnson on DSK79L0C42 with BILLS
197 

•S 47 PCS

1 S., R. 10 W., sec. 1, Willamette Me2 ridian. 

3 (V) DITCH CREEK.—The ap4 proximately 0.7-mile segment of Ditch 

5 Creek from its headwaters to the Wild 

6 Rogue Wilderness boundary in T. 33 

7 S., R. 9 W., sec. 5, Willamette Merid8 ian. 

9 (VI) GALICE CREEK.—The ap10 proximately 2.2-mile segment of 

11 Galice Creek from the confluence with 

12 the North Fork Galice Creek down13 stream to the confluence with the 

14 Rogue River in T. 34 S., R. 8 W., sec. 

15 36, Willamette Meridian. 

16 (VII) QUARTZ CREEK.—The ap17 proximately 3.3-mile segment of 

18 Quartz Creek from its headwaters to 

19 its confluence with the North Fork 

20 Galice Creek in T. 35 S., R. 8 W., 

21 sec. 4, Willamette Meridian. 

22 (VIII) NORTH FORK GALICE

23 CREEK.—The approximately 5.7-mile 

24 segment of the North Fork Galice 

25 Creek from its headwaters to its conVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
198 

•S 47 PCS

1 fluence with the South Fork Galice 

2 Creek in T. 35 S., R. 8 W., sec. 3, 

3 Willamette Meridian. 

4 (2) TECHNICAL CORRECTIONS TO THE WILD

5 AND SCENIC RIVERS ACT.— 

6 (A) CHETCO, OREGON.—Section 3(a)(69) 

7 of the Wild and Scenic Rivers Act (16 U.S.C. 

8 1274(a)(69)) is amended— 

9 (i) by redesignating subparagraphs 

10 (A), (B), and (C) as clauses (i), (ii), and 

11 (iii), respectively, and indenting appro12 priately; 

13 (ii) in the matter preceding clause (i) 

14 (as so redesignated), by striking ‘‘The 

15 44.5-mile’’ and inserting the following: 

16 ‘‘(A) DESIGNATIONS.—The 44.5-mile’’; 

17 (iii) in clause (i) (as so redesig18 nated)— 

19 (I) by striking ‘‘25.5-mile’’ and 

20 inserting ‘‘27.5-mile’’; and 

21 (II) by striking ‘‘Boulder Creek 

22 at the Kalmiopsis Wilderness bound23 ary’’ and inserting ‘‘Mislatnah 

24 Creek’’; 


kjohnson on DSK79L0C42 with BILLS
199 

•S 47 PCS

1 (iv) in clause (ii) (as so redesig2 nated)— 

3 (I) by striking ‘‘8-mile’’ and in4 serting ‘‘7.5-mile’’; and 

5 (II) by striking ‘‘Boulder Creek 

6 to Steel Bridge’’ and inserting 

7 ‘‘Mislatnah Creek to Eagle Creek’’; 

8 (v) in clause (iii) (as so redesig9 nated)— 

10 (I) by striking ‘‘11-mile’’ and in11 serting ‘‘9.5-mile’’; and 

12 (II) by striking ‘‘Steel Bridge’’ 

13 and inserting ‘‘Eagle Creek’’; and 

14 (vi) by adding at the end the fol15 lowing: 

16 ‘‘(B) WITHDRAWAL.—Subject to valid 

17 rights, the Federal land within the boundaries 

18 of the river segments designated by subpara19 graph (A) is withdrawn from all forms of— 

20 ‘‘(i) entry, appropriation, or disposal 

21 under the public land laws; 

22 ‘‘(ii) location, entry, and patent under 

23 the mining laws; and 


kjohnson on DSK79L0C42 with BILLS
200 

•S 47 PCS

1 ‘‘(iii) disposition under all laws per2 taining to mineral and geothermal leasing 

3 or mineral materials.’’. 

4 (B) WHYCHUS CREEK, OREGON.—Section 

5 3(a)(102) of the Wild and Scenic Rivers Act 

6 (16 U.S.C. 1274(a)(102)) is amended— 

7 (i) in the paragraph heading, by strik8 ing ‘‘SQUAW CREEK’’ and inserting 

9 ‘‘WHYCHUS CREEK’’; 

10 (ii) by redesignating subparagraphs 

11 (A) and (B) as clauses (i) and (ii), respec12 tively, and indenting appropriately; 

13 (iii) in the matter preceding clause (i) 

14 (as so redesignated)— 

15 (I) by striking ‘‘The 15.4-mile’’ 

16 and inserting the following: 

17 ‘‘(A) DESIGNATIONS.—The 15.4-mile’’; 

18 and 

19 (II) by striking ‘‘McAllister 

20 Ditch, including the Soap Fork Squaw 

21 Creek, the North Fork, the South 

22 Fork, the East and West Forks of 

23 Park Creek, and Park Creek Fork’’ 

24 and inserting ‘‘Plainview Ditch, in25 cluding the Soap Creek, the North 


kjohnson on DSK79L0C42 with BILLS
201 

•S 47 PCS

1 and South Forks of Whychus Creek, 

2 the East and West Forks of Park 

3 Creek, and Park Creek’’; 

4 (iv) in clause (ii) (as so redesignated), 

5 by striking ‘‘McAllister Ditch’’ and insert6 ing ‘‘Plainview Ditch’’; and 

7 (v) by adding at the end the following: 

8 ‘‘(B) WITHDRAWAL.—Subject to valid ex9 isting rights, the Federal land within the 

10 boundaries of the river segments designated by 

11 subparagraph (A) is withdrawn from all forms 

12 of— 

13 ‘‘(i) entry, appropriation, or disposal 

14 under the public land laws; 

15 ‘‘(ii) location, entry, and patent under 

16 the mining laws; and 

17 ‘‘(iii) disposition under all laws relat18 ing to mineral and geothermal leasing or 

19 mineral materials.’’. 

20 (3) WILD AND SCENIC RIVER DESIGNATIONS, 

21 WASSON CREEK AND FRANKLIN CREEK, OREGON.— 

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

23 U.S.C. 1274(a)) is amended by adding at the end 

24 the following: 


kjohnson on DSK79L0C42 with BILLS
202 

•S 47 PCS

1 ‘‘(214) FRANKLIN CREEK, OREGON.—The 4.5- 

2 mile segment from its headwaters to the private land 

3 boundary in sec. 8, to be administered by the Sec4 retary of Agriculture as a wild river. 

5 ‘‘(215) WASSON CREEK, OREGON.—The 10.1- 

6 mile segment in the following classes: 

7 ‘‘(A) The 4.2-mile segment from the east8 ern boundary of T. 21 S., R. 9 W., sec. 17, 

9 downstream to the western boundary of T. 21 

10 S., R. 10 W., sec. 12, to be administered by the 

11 Secretary of the Interior as a wild river. 

12 ‘‘(B) The 5.9-mile segment from the west13 ern boundary of T. 21 S., R. 10 W., sec. 12, 

14 downstream to the eastern boundary of the 

15 northwest quarter of T. 21 S., R. 10 W., sec. 

16 22, to be administered by the Secretary of Agri17 culture as a wild river.’’. 

18 (4) WILD AND SCENIC RIVER DESIGNATIONS, 

19 MOLALLA RIVER, OREGON.—Section 3(a) of the Wild 

20 and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

21 amended by paragraph (3)) is amended by adding at 

22 the end the following: 

23 ‘‘(216) MOLALLA RIVER, OREGON.— 

24 ‘‘(A) IN GENERAL.—The following seg25 ments in the State of Oregon, to be adminisVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
203 

•S 47 PCS

1 tered by the Secretary of the Interior as a rec2 reational river: 

3 ‘‘(i) MOLALLA RIVER.—The approxi4 mately 15.1-mile segment from the south5 ern boundary line of T. 7 S., R. 4 E., sec. 

6 19, downstream to the edge of the Bureau 

7 of Land Management boundary in T. 6 S., 

8 R. 3 E., sec. 7. 

9 ‘‘(ii) TABLE ROCK FORK MOLALLA

10 RIVER.—The approximately 6.2-mile seg11 ment from the easternmost Bureau of 

12 Land Management boundary line in the 

NE1 13 ⁄4 sec. 4, T. 7 S., R. 4 E., downstream 

14 to the confluence with the Molalla River. 

15 ‘‘(B) WITHDRAWAL.—Subject to valid ex16 isting rights, the Federal land within the 

17 boundaries of the river segments designated by 

18 subparagraph (A) is withdrawn from all forms 

19 of— 

20 ‘‘(i) entry, appropriation, or disposal 

21 under the public land laws; 

22 ‘‘(ii) location, entry, and patent under 

23 the mining laws; and 


kjohnson on DSK79L0C42 with BILLS
204 

•S 47 PCS

1 ‘‘(iii) disposition under all laws relat2 ing to mineral and geothermal leasing or 

3 mineral materials.’’. 

4 (5) DESIGNATION OF ADDITIONAL WILD AND

5 SCENIC RIVERS.— 

6 (A) ELK RIVER, OREGON.— 

7 (i) IN GENERAL.—Section 3(a) of the 

8 Wild and Scenic Rivers Act (16 U.S.C. 

9 1274(a)) is amended by striking paragraph 

10 (76) and inserting the following: 

11 ‘‘(76) ELK, OREGON.—The 69.2-mile segment 

12 to be administered by the Secretary of Agriculture 

13 in the following classes: 

14 ‘‘(A) MAINSTEM.—The 17-mile segment 

15 from the confluence of the North and South 

16 Forks of the Elk to Anvil Creek as a rec17 reational river. 

18 ‘‘(B) NORTH FORK.— 

19 ‘‘(i) SCENIC RIVER.—The approxi20 mately 0.6-mile segment of the North Fork 

21 Elk from its source in T. 33 S., R. 12 W., 

22 sec. 21, Willamette Meridian, downstream 

23 to 0.01 miles below Forest Service Road 

24 3353, as a scenic river. 


kjohnson on DSK79L0C42 with BILLS
205 

•S 47 PCS

1 ‘‘(ii) WILD RIVER.—The approxi2 mately 5.5-mile segment of the North Fork 

3 Elk from 0.01 miles below Forest Service 

4 Road 3353 to its confluence with the 

5 South Fork Elk, as a wild river. 

6 ‘‘(C) SOUTH FORK.— 

7 ‘‘(i) SCENIC RIVER.—The approxi8 mately 0.9-mile segment of the South Fork 

9 Elk from its source in the southeast quar10 ter of T. 33 S., R. 12 W., sec. 32, Willam11 ette Meridian, Forest Service Road 3353, 

12 as a scenic river. 

13 ‘‘(ii) WILD RIVER.—The approxi14 mately 4.2-mile segment of the South Fork 

15 Elk from 0.01 miles below Forest Service 

16 Road 3353 to its confluence with the 

17 North Fork Elk, as a wild river. 

18 ‘‘(D) OTHER TRIBUTARIES.— 

19 ‘‘(i) ROCK CREEK.—The approxi20 mately 1.7-mile segment of Rock Creek 

21 from its headwaters to the west boundary 

22 of T. 32 S., R. 14 W., sec. 30, Willamette 

23 Meridian, as a wild river. 

24 ‘‘(ii) BALD MOUNTAIN CREEK.—The 

25 approximately 8-mile segment of Bald 


kjohnson on DSK79L0C42 with BILLS
206 

•S 47 PCS

1 Mountain Creek from its headwaters, in2 cluding Salal Spring to its confluence with 

3 Elk River, as a recreational river. 

4 ‘‘(iii) SOUTH FORK BALD MOUNTAIN

5 CREEK.—The approximately 3.5-mile seg6 ment of South Fork Bald Mountain Creek 

7 from its headwaters to its confluence with 

8 Bald Mountain Creek, as a scenic river. 

9 ‘‘(iv) PLATINUM CREEK.—The ap10 proximately 1-mile segment of Platinum 

11 Creek from— 

12 ‘‘(I) its headwaters to Forest 

13 Service Road 5325, as a wild river; 

14 and 

15 ‘‘(II) Forest Service Road 5325 

16 to its confluence with Elk River, as a 

17 scenic river. 

18 ‘‘(v) PANTHER CREEK.—The approxi19 mately 5.0-mile segment of Panther Creek 

20 from— 

21 ‘‘(I) its headwaters, including 

22 Mountain Well, to Forest Service 

23 Road 5325, as a wild river; and 


kjohnson on DSK79L0C42 with BILLS
207 

•S 47 PCS

1 ‘‘(II) Forest Service Road 5325 

2 to its confluence with Elk River, as a 

3 scenic river. 

4 ‘‘(vi) EAST FORK PANTHER CREEK.— 

5 The approximately 3.0-mile segment of 

6 East Fork Panther Creek from it head7 waters, to the confluence with Panther 

8 Creek, as a wild river. 

9 ‘‘(vii) WEST FORK PANTHER

10 CREEK.—The approximately 3.0-mile seg11 ment of West Fork Panther Creek from its 

12 headwaters to the confluence with Panther 

13 Creek as a wild river. 

14 ‘‘(viii) LOST CREEK.—The approxi15 mately 1.0-mile segment of Lost Creek 

16 from— 

17 ‘‘(I) its headwaters to Forest 

18 Service Road 5325, as a wild river; 

19 and 

20 ‘‘(II) Forest Service Road 5325 

21 to its confluence with the Elk River, 

22 as a scenic river. 

23 ‘‘(ix) MILBURY CREEK.—The approxi24 mately 1.5-mile segment of Milbury Creek 

25 from— 


kjohnson on DSK79L0C42 with BILLS
208 

•S 47 PCS

1 ‘‘(I) its headwaters to Forest 

2 Service Road 5325, as a wild river; 

3 and 

4 ‘‘(II) Forest Service Road 5325 

5 to its confluence with the Elk River, 

6 as a scenic river. 

7 ‘‘(x) BLACKBERRY CREEK.—The ap8 proximately 5.0-mile segment of Black9 berry Creek from— 

10 ‘‘(I) its headwaters to Forest 

11 Service Road 5325, as a wild river; 

12 and 

13 ‘‘(II) Forest Service Road 5325 

14 to its confluence with the Elk River, 

15 as a scenic river. 

16 ‘‘(xi) EAST FORK BLACKBERRY

17 CREEK.—The approximately 2.0-mile seg18 ment of the unnamed tributary locally 

19 known as ‘East Fork Blackberry Creek’ 

20 from its headwaters in T. 33 S., R. 13 W., 

21 sec. 26, Willamette Meridian, to its con22 fluence with Blackberry Creek, as a wild 

23 river. 


kjohnson on DSK79L0C42 with BILLS
209 

•S 47 PCS

1 ‘‘(xii) MCCURDY CREEK.—The ap2 proximately 1.0-mile segment of McCurdy 

3 Creek from— 

4 ‘‘(I) its headwaters to Forest 

5 Service Road 5325, as a wild river; 

6 and 

7 ‘‘(II) Forest Service Road 5325 

8 to its confluence with the Elk River, 

9 as a scenic river. 

10 ‘‘(xiii) BEAR CREEK.—The approxi11 mately 1.5-mile segment of Bear Creek 

12 from headwaters to the confluence with 

13 Bald Mountain Creek, as a recreational 

14 river. 

15 ‘‘(xiv) BUTLER CREEK.—The approxi16 mately 4-mile segment of Butler Creek 

17 from— 

18 ‘‘(I) its headwaters to the south 

19 boundary of T. 33 S., R. 13 W., sec. 

20 8, Willamette Meridian, as a wild 

21 river; and 

22 ‘‘(II) from the south boundary of 

23 T. 33 S., R. 13 W., sec. 8, Willamette 

24 Meridian, to its confluence with Elk 

25 River, as a scenic river. 


kjohnson on DSK79L0C42 with BILLS
210 

•S 47 PCS

1 ‘‘(xv) EAST FORK BUTLER CREEK.— 

2 The approximately 2.8-mile segment locally 

3 known as the ‘East Fork of Butler Creek’ 

4 from its headwaters on Mount Butler in T. 

5 32 S., R. 13 W., sec. 29, Willamette Me6 ridian, to its confluence with Butler Creek, 

7 as a scenic river. 

8 ‘‘(xvi) PURPLE MOUNTAIN CREEK.— 

9 The approximately 2.0-mile segment locally 

10 known as ‘Purple Mountain Creek’ from— 

11 ‘‘(I) its headwaters in secs. 35 

12 and 36, T. 33 S., R. 14 W., Willam13 ette Meridian, to 0.01 miles above 

14 Forest Service Road 5325, as a wild 

15 river; and 

16 ‘‘(II) 0.01 miles above Forest 

17 Service Road 5325 to its confluence 

18 with the Elk River, as a scenic river.’’. 

19 (ii) WITHDRAWAL.—Subject to valid 

20 existing rights, the Federal land within the 

21 boundaries of the river segments des22 ignated by paragraph (76) of section 3(a) 

23 of the Wild and Scenic Rivers Act (16 

24 U.S.C. 1274(a)) (as amended by clause (i)) 

25 is withdrawn from all forms of— 


kjohnson on DSK79L0C42 with BILLS
211 

•S 47 PCS

1 (I) entry, appropriation, or dis2 posal under the public land laws; 

3 (II) location, entry, and patent 

4 under the mining laws; and 

5 (III) disposition under all laws 

6 relating to mineral and geothermal 

7 leasing or mineral materials. 

8 (B) DESIGNATION OF WILD AND SCENIC

9 RIVER SEGMENTS.— 

10 (i) IN GENERAL.—Section 3(a) of the 

11 Wild and Scenic Rivers Act (16 U.S.C. 

12 1274(a)) (as amended by paragraph (4)) is 

13 amended by adding at the end the fol14 lowing: 

15 ‘‘(217) NESTUCCA RIVER, OREGON.—The ap16 proximately 15.5-mile segment from its confluence 

17 with Ginger Creek downstream until it crosses the 

18 western edge of T. 4 S., R. 7 W., sec. 7, Willamette 

19 Meridian, to be administered by the Secretary of the 

20 Interior as a recreational river. 

21 ‘‘(218) WALKER CREEK, OREGON.—The ap22 proximately 2.9-mile segment from the headwaters 

23 in T. 3 S., R. 6 W., sec. 20 downstream to the con24 fluence with the Nestucca River in T. 3 S., R. 6 W., 


kjohnson on DSK79L0C42 with BILLS
212 

•S 47 PCS

1 sec. 15, Willamette Meridian, to be administered by 

2 the Secretary of the Interior as a recreational river. 

3 ‘‘(219) NORTH FORK SILVER CREEK, OR4 EGON.—The approximately 6-mile segment from the 

5 headwaters in T. 35 S., R. 9 W., sec. 1 downstream 

6 to the western edge of the Bureau of Land Manage7 ment boundary in T. 35 S., R. 9 W., sec. 17, Wil8 lamette Meridian, to be administered by the Sec9 retary of the Interior as a recreational river. 

10 ‘‘(220) JENNY CREEK, OREGON.—The approxi11 mately 17.6-mile segment from the Bureau of Land 

12 Management boundary located at the north bound13 ary of the southwest quarter of the southeast quar14 ter of T. 38 S., R. 4 E., sec. 34, Willamette Merid15 ian, downstream to the Oregon State border, to be 

16 administered by the Secretary of the Interior as a 

17 scenic river. 

18 ‘‘(221) SPRING CREEK, OREGON.—The approxi19 mately 1.1-mile segment from its source at Shoat 

20 Springs in T. 40 S., R. 4 E., sec. 34, Willamette 

21 Meridian, downstream to the confluence with Jenny 

22 Creek in T. 41 S., R. 4 E., sec. 3, Willamette Merid23 ian, to be administered by the Secretary of the Inte24 rior as a scenic river. 


kjohnson on DSK79L0C42 with BILLS
213 

•S 47 PCS

1 ‘‘(222) LOBSTER CREEK, OREGON.—The ap2 proximately 5-mile segment from T. 15 S., R. 8 W., 

3 sec. 35, Willamette Meridian, downstream to the 

4 northern edge of the Bureau of Land Management 

5 boundary in T. 15 S., R. 8 W., sec. 15, Willamette 

6 Meridian, to be administered by the Secretary of the 

7 Interior as a recreational river. 

8 ‘‘(223) ELK CREEK, OREGON.—The approxi9 mately 7.3-mile segment from its confluence with 

10 Flat Creek near river mile 9, to the southern edge 

11 of the Army Corps of Engineers boundary in T. 33 

12 S., R. 1 E., sec. 30, Willamette Meridian, near river 

13 mile 1.7, to be administered by the Secretary of the 

14 Interior as a scenic river.’’. 

15 (ii) ADMINISTRATION OF ELK

16 CREEK.— 

17 (I) LATERAL BOUNDARIES OF

18 ELK CREEK.—The lateral boundaries 

19 of the river segment designated by 

20 paragraph (223) of section 3(a) of the 

21 Wild and Scenic Rivers Act (16 

22 U.S.C. 1274(a)) (as added by clause 

23 (i)) shall include an average of not 

24 more than 640 acres per mile meas25 ured from the ordinary high water 


kjohnson on DSK79L0C42 with BILLS
214 

•S 47 PCS

1 mark on both sides of the river seg2 ment. 

3 (II) DEAUTHORIZATION.—The 

4 Elk Creek Project authorized under 

5 the Flood Control Act of 1962 (Public 

6 Law 87–874; 76 Stat. 1192) is de7 authorized. 

8 (iii) WITHDRAWAL.—Subject to valid 

9 existing rights, the Federal land within the 

10 boundaries of the river segments des11 ignated by paragraphs (217) through 

12 (223) of section 3(a) of the Wild and Sce13 nic Rivers Act (16 U.S.C. 1274(a)) (as 

14 added by clause (i)) is withdrawn from all 

15 forms of— 

16 (I) entry, appropriation, or dis17 posal under the public land laws; 

18 (II) location, entry, and patent 

19 under the mining laws; and 

20 (III) disposition under all laws 

21 relating to mineral and geothermal 

22 leasing or mineral materials. 

23 (b) DEVIL’S STAIRCASE WILDERNESS.— 

24 (1) DEFINITIONS.—In this subsection: 


kjohnson on DSK79L0C42 with BILLS
215 

•S 47 PCS

1 (A) MAP.—The term ‘‘map’’ means the 

2 map entitled ‘‘Devil’s Staircase Wilderness Pro3 posal’’ and dated July 26, 2018. 

4 (B) SECRETARY.—The term ‘‘Secretary’’ 

5 means— 

6 (i) the Secretary, with respect to pub7 lic land administered by the Secretary; or 

8 (ii) the Secretary of Agriculture, with 

9 respect to National Forest System land. 

10 (C) STATE.—The term ‘‘State’’ means the 

11 State of Oregon. 

12 (D) WILDERNESS.—The term ‘‘Wilder13 ness’’ means the Devil’s Staircase Wilderness 

14 designated by paragraph (2). 

15 (2) DESIGNATION.—In accordance with the 

16 Wilderness Act (16 U.S.C. 1131 et seq.), the ap17 proximately 30,621 acres of Forest Service land and 

18 Bureau of Land Management land in the State, as 

19 generally depicted on the map, is designated as wil20 derness and as a component of the National Wilder21 ness Preservation System, to be known as the ‘‘Dev22 il’s Staircase Wilderness’’. 

23 (3) MAP; LEGAL DESCRIPTION.— 

24 (A) IN GENERAL.—As soon as practicable 

25 after the date of enactment of this Act, the SecVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
216 

•S 47 PCS

1 retary shall prepare a map and legal description 

2 of the Wilderness. 

3 (B) FORCE OF LAW.—The map and legal 

4 description prepared under subparagraph (A) 

5 shall have the same force and effect as if in6 cluded in this subsection, except that the Sec7 retary may correct clerical and typographical 

8 errors in the map and legal description. 

9 (C) AVAILABILITY.—The map and legal 

10 description prepared under subparagraph (A) 

11 shall be on file and available for public inspec12 tion in the appropriate offices of the Forest 

13 Service and Bureau of Land Management. 

14 (4) ADMINISTRATION.—Subject to valid existing 

15 rights, the area designated as wilderness by this sub16 section shall be administered by the Secretary in ac17 cordance with the Wilderness Act (16 U.S.C. 1131 

18 et seq.), except that— 

19 (A) any reference in that Act to the effec20 tive date shall be considered to be a reference 

21 to the date of enactment of this Act; and 

22 (B) any reference in that Act to the Sec23 retary of Agriculture shall be considered to be 

24 a reference to the Secretary that has jurisdic25 tion over the land within the Wilderness. 


kjohnson on DSK79L0C42 with BILLS
217 

•S 47 PCS

1 (5) FISH AND WILDLIFE.—Nothing in this sub2 section affects the jurisdiction or responsibilities of 

3 the State with respect to fish and wildlife in the 

4 State. 

5 (6) ADJACENT MANAGEMENT.— 

6 (A) IN GENERAL.—Nothing in this sub7 section creates any protective perimeter or buff8 er zone around the Wilderness. 

9 (B) ACTIVITIES OUTSIDE WILDERNESS.— 

10 The fact that a nonwilderness activity or use on 

11 land outside the Wilderness can be seen or 

12 heard within the Wilderness shall not preclude 

13 the activity or use outside the boundary of the 

14 Wilderness. 

15 (7) PROTECTION OF TRIBAL RIGHTS.—Nothing 

16 in this subsection diminishes any treaty rights of an 

17 Indian Tribe. 

18 (8) TRANSFER OF ADMINISTRATIVE JURISDIC19 TION.— 

20 (A) IN GENERAL.—Administrative jurisdic21 tion over the approximately 49 acres of Bureau 

22 of Land Management land north of the Ump23 qua River in T. 21 S., R. 11 W., sec. 32, is 

24 transferred from the Bureau of Land Manage25 ment to the Forest Service. 


kjohnson on DSK79L0C42 with BILLS
218 

•S 47 PCS

1 (B) ADMINISTRATION.—The Secretary 

2 shall administer the land transferred by sub3 paragraph (A) in accordance with— 

4 (i) the Act of March 1, 1911 (com5 monly known as the ‘‘Weeks Law’’) (16 

6 U.S.C. 480 et seq.); and 

7 (ii) any laws (including regulations) 

8 applicable to the National Forest System. 

9 PART II—EMERY COUNTY PUBLIC LAND 

10 MANAGEMENT 

11 SEC. 1211. DEFINITIONS. 

12 In this part: 

13 (1) COUNCIL.—The term ‘‘Council’’ means the 

14 San Rafael Swell Western Heritage and Historic 

15 Mining Recreation Area Advisory Council established 

16 under section 1223(a). 

17 (2) COUNTY.—The term ‘‘County’’ means 

18 Emery County in the State. 

19 (3) MANAGEMENT PLAN.—The term ‘‘Manage20 ment Plan’’ means the management plan for the 

21 Recreation Area developed under section 1222(c). 

22 (4) MAP.—The term ‘‘Map’’ means the map en23 titled ‘‘Emery County Public Land Management Act 

24 of 2018 Overview Map’’ and dated December 11, 

25 2018. 


kjohnson on DSK79L0C42 with BILLS
219 

•S 47 PCS

1 (5) RECREATION AREA.—The term ‘‘Recreation 

2 Area’’ means the San Rafael Swell Western Herit3 age and Historic Mining Recreation Area established 

4 by section 1221(a)(1). 

5 (6) SECRETARY.—The term ‘‘Secretary’’ 

6 means— 

7 (A) the Secretary, with respect to public 

8 land administered by the Bureau of Land Man9 agement; and 

10 (B) the Secretary of Agriculture, with re11 spect to National Forest System land. 

12 (7) STATE.—The term ‘‘State’’ means the State 

13 of Utah. 

14 (8) WILDERNESS AREA.—The term ‘‘wilderness 

15 area’’ means a wilderness area designated by section 

16 1231(a). 

17 SEC. 1212. ADMINISTRATION. 

18 Nothing in this part affects or modifies— 

19 (1) any right of any federally recognized Indian 

20 Tribe; or 

21 (2) any obligation of the United States to any 

22 federally recognized Indian Tribe. 

23 SEC. 1213. EFFECT ON WATER RIGHTS. 

24 Nothing in this part— 


kjohnson on DSK79L0C42 with BILLS
220 

•S 47 PCS

1 (1) affects the use or allocation, in existence on 

2 the date of enactment of this Act, of any water, 

3 water right, or interest in water; 

4 (2) affects any vested absolute or decreed condi5 tional water right in existence on the date of enact6 ment of this Act, including any water right held by 

7 the United States; 

8 (3) affects any interstate water compact in ex9 istence on the date of enactment of this Act; or 

10 (4) shall be considered to be a relinquishment 

11 or reduction of any water rights reserved or appro12 priated by the United States in the State on or be13 fore the date of enactment of this Act. 

14 SEC. 1214. SAVINGS CLAUSE. 

15 Nothing in this part diminishes the authority of the 

16 Secretary under Public Law 92–195 (commonly known as 

17 the ‘‘Wild Free-Roaming Horses and Burros Act’’) (16 

18 U.S.C. 1331 et seq.). 

19 Subpart A—San Rafael Swell Western Heritage and 

20 Historic Mining Recreation Area 

21 SEC. 1221. ESTABLISHMENT OF RECREATION AREA. 

22 (a) ESTABLISHMENT.— 

23 (1) IN GENERAL.—Subject to valid existing 

24 rights, there is established the San Rafael Swell 


kjohnson on DSK79L0C42 with BILLS
221 

•S 47 PCS

1 Western Heritage and Historic Mining Recreation 

2 Area in the State. 

3 (2) AREA INCLUDED.—The Recreation Area 

4 shall consist of approximately 216,754 acres of Fed5 eral land managed by the Bureau of Land Manage6 ment, as generally depicted on the Map. 

7 (b) PURPOSES.—The purposes of the Recreation 

8 Area are to provide for the protection, conservation, and 

9 enhancement of the recreational, cultural, natural, scenic, 

10 wildlife, ecological, historical, and educational resources of 

11 the Recreation Area. 

12 (c) MAP AND LEGAL DESCRIPTION.— 

13 (1) IN GENERAL.—As soon as practicable after 

14 the date of enactment of this Act, the Secretary 

15 shall file a map and legal description of the Recre16 ation Area with the Committee on Natural Re17 sources of the House of Representatives and the 

18 Committee on Energy and Natural Resources of the 

19 Senate. 

20 (2) EFFECT.—The map and legal description 

21 filed under paragraph (1) shall have the same force 

22 and effect as if included in this subpart, except that 

23 the Secretary may correct clerical and typographical 

24 errors in the map and legal description. 


kjohnson on DSK79L0C42 with BILLS
222 

•S 47 PCS

1 (3) PUBLIC AVAILABILITY.—A copy of the map 

2 and legal description filed under paragraph (1) shall 

3 be on file and available for public inspection in the 

4 appropriate offices of the Bureau of Land Manage5 ment. 

6 SEC. 1222. MANAGEMENT OF RECREATION AREA. 

7 (a) IN GENERAL.—The Secretary shall administer 

8 the Recreation Area— 

9 (1) in a manner that conserves, protects, and 

10 enhances the purposes for which the Recreation 

11 Area is established; and 

12 (2) in accordance with— 

13 (A) this section; 

14 (B) the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 

16 (C) other applicable laws. 

17 (b) USES.—The Secretary shall allow only uses of the 

18 Recreation Area that are consistent with the purposes for 

19 which the Recreation Area is established. 

20 (c) MANAGEMENT PLAN.— 

21 (1) IN GENERAL.—Not later than 5 years after 

22 the date of enactment of this Act, the Secretary 

23 shall develop a comprehensive management plan for 

24 the long-term protection and management of the 

25 Recreation Area. 


kjohnson on DSK79L0C42 with BILLS
223 

•S 47 PCS

1 (2) REQUIREMENTS.—The Management Plan 

2 shall— 

3 (A) describe the appropriate uses and 

4 management of the Recreation Area; 

5 (B) be developed with extensive public 

6 input; 

7 (C) take into consideration any informa8 tion developed in studies of the land within the 

9 Recreation Area; and 

10 (D) be developed fully consistent with the 

11 settlement agreement entered into on January 

12 13, 2017, in the case in the United States Dis13 trict Court for the District of Utah styled 

14 ‘‘Southern Utah Wilderness Alliance, et al. v. 

15 U.S. Department of the Interior, et al.’’ and 

16 numbered 2:12–cv–257 DAK. 

17 (d) MOTORIZED VEHICLES; NEW ROADS.— 

18 (1) MOTORIZED VEHICLES.—Except as needed 

19 for emergency response or administrative purposes, 

20 the use of motorized vehicles in the Recreation Area 

21 shall be permitted only on roads and motorized 

22 routes designated in the Management Plan for the 

23 use of motorized vehicles. 

24 (2) NEW ROADS.—No new permanent or tem25 porary roads or other motorized vehicle routes shall 


kjohnson on DSK79L0C42 with BILLS
224 

•S 47 PCS

1 be constructed within the Recreation Area after the 

2 date of enactment of this Act. 

3 (3) EXISTING ROADS.— 

4 (A) IN GENERAL.—Necessary maintenance 

5 or repairs to existing roads designated in the 

6 Management Plan for the use of motorized ve7 hicles, including necessary repairs to keep exist8 ing roads free of debris or other safety hazards, 

9 shall be permitted after the date of enactment 

10 of this Act, consistent with the requirements of 

11 this section. 

12 (B) EFFECT.—Nothing in this subsection 

13 prevents the Secretary from rerouting an exist14 ing road or trail to protect Recreation Area re15 sources from degradation or to protect public 

16 safety, as determined to be appropriate by the 

17 Secretary. 

18 (e) GRAZING.— 

19 (1) IN GENERAL.—The grazing of livestock in 

20 the Recreation Area, if established before the date of 

21 enactment of this Act, shall be allowed to continue, 

22 subject to such reasonable regulations, policies, and 

23 practices as the Secretary considers to be necessary 

24 in accordance with— 


kjohnson on DSK79L0C42 with BILLS
225 

•S 47 PCS

1 (A) applicable law (including regulations); 

2 and 

3 (B) the purposes of the Recreation Area. 

4 (2) INVENTORY.—Not later than 5 years after 

5 the date of enactment of this Act, the Secretary, in 

6 collaboration with any affected grazing permittee, 

7 shall carry out an inventory of facilities and im8 provements associated with grazing activities in the 

9 Recreation Area. 

10 (f) COLD WAR SITES.—The Secretary shall manage 

11 the Recreation Area in a manner that educates the public 

12 about Cold War and historic uranium mine sites in the 

13 Recreation Area, subject to such terms and conditions as 

14 the Secretary considers necessary to protect public health 

15 and safety. 

16 (g) INCORPORATION OF ACQUIRED LAND AND IN17 TERESTS.—Any land or interest in land located within the 

18 boundary of the Recreation Area that is acquired by the 

19 United States after the date of enactment of this Act 

20 shall— 

21 (1) become part of the Recreation Area; and 

22 (2) be managed in accordance with applicable 

23 laws, including as provided in this section. 

24 (h) WITHDRAWAL.—Subject to valid existing rights, 

25 all Federal land within the Recreation Area, including any 


kjohnson on DSK79L0C42 with BILLS
226 

•S 47 PCS

1 land or interest in land that is acquired by the United 

2 States within the Recreation Area after the date of enact3 ment of this Act, is withdrawn from— 

4 (1) entry, appropriation, or disposal under the 

5 public land laws; 

6 (2) location, entry, and patent under the mining 

7 laws; and 

8 (3) operation of the mineral leasing, mineral 

9 materials, and geothermal leasing laws. 

10 (i) STUDY OF NONMOTORIZED RECREATION OPPOR11 TUNITIES.—Not later than 2 years after the date of enact12 ment of this Act, the Secretary, in consultation with inter13 ested parties, shall conduct a study of nonmotorized recre14 ation trail opportunities, including bicycle trails, within 

15 the Recreation Area, consistent with the purposes of the 

16 Recreation Area. 

17 (j) COOPERATIVE AGREEMENT.—The Secretary may 

18 enter into a cooperative agreement with the State in ac19 cordance with section 307(b) of the Federal Land Policy 

20 and Management Act of 1976 (43 U.S.C. 1737(b)) and 

21 other applicable laws to provide for the protection, man22 agement, and maintenance of the Recreation Area. 


kjohnson on DSK79L0C42 with BILLS
227 

•S 47 PCS

1 SEC. 1223. SAN RAFAEL SWELL WESTERN HERITAGE AND 

2 HISTORIC MINING RECREATION AREA ADVI3 SORY COUNCIL. 

4 (a) ESTABLISHMENT.—Not later than 180 days after 

5 the date of enactment of this Act, the Secretary shall es6 tablish an advisory council, to be known as the ‘‘San 

7 Rafael Swell Western Heritage and Historic Mining 

8 Recreation Area Advisory Council’’. 

9 (b) DUTIES.—The Council shall advise the Secretary 

10 with respect to the preparation and implementation of the 

11 Management Plan for the Recreation Area. 

12 (c) APPLICABLE LAW.—The Council shall be subject 

13 to— 

14 (1) the Federal Advisory Committee Act (5 

15 U.S.C. App.); and 

16 (2) section 309 of the Federal Land Policy and 

17 Management Act of 1976 (43 U.S.C. 1739). 

18 (d) MEMBERS.—The Council shall include 7 mem19 bers, to be appointed by the Secretary, of whom, to the 

20 maximum extent practicable— 

21 (1) 1 member shall represent the Emery Coun22 ty Commission; 

23 (2) 1 member shall represent motorized rec24 reational users; 

25 (3) 1 member shall represent nonmotorized rec26 reational users; 


kjohnson on DSK79L0C42 with BILLS
228 

•S 47 PCS

1 (4) 1 member shall represent permittees holding 

2 grazing allotments within the Recreation Area or 

3 wilderness areas designated in this part; 

4 (5) 1 member shall represent conservation orga5 nizations; 

6 (6) 1 member shall have expertise in the histor7 ical uses of the Recreation Area; and 

8 (7) 1 member shall be appointed from the elect9 ed leadership of a Federally recognized Indian Tribe 

10 that has significant cultural or historical connections 

11 to, and expertise in, the landscape, archeological 

12 sites, or cultural sites within the County. 

13 Subpart B—Wilderness Areas 

14 SEC. 1231. ADDITIONS TO THE NATIONAL WILDERNESS 

15 PRESERVATION SYSTEM. 

16 (a) ADDITIONS.—In accordance with the Wilderness 

17 Act (16 U.S.C. 1131 et seq.), the following land in the 

18 State is designated as wilderness and as components of 

19 the National Wilderness Preservation System: 

20 (1) BIG WILD HORSE MESA.—Certain Federal 

21 land managed by the Bureau of Land Management, 

22 comprising approximately 18,192 acres, generally 

23 depicted on the Map as ‘‘Proposed Big Wild Horse 

24 Mesa Wilderness’’, which shall be known as the ‘‘Big 

25 Wild Horse Mesa Wilderness’’. 


kjohnson on DSK79L0C42 with BILLS
229 

•S 47 PCS

1 (2) COLD WASH.—Certain Federal land man2 aged by the Bureau of Land Management, com3 prising approximately 11,001 acres, generally de4 picted on the Map as ‘‘Proposed Cold Wash Wilder5 ness’’, which shall be known as the ‘‘Cold Wash Wil6 derness’’. 

7 (3) DESOLATION CANYON.—Certain Federal 

8 land managed by the Bureau of Land Management, 

9 comprising approximately 142,996 acres, generally 

10 depicted on the Map as ‘‘Proposed Desolation Can11 yon Wilderness’’, which shall be known as the ‘‘Des12 olation Canyon Wilderness’’. 

13 (4) DEVIL’S CANYON.—Certain Federal land 

14 managed by the Bureau of Land Management, com15 prising approximately 8,675 acres, generally de16 picted on the Map as ‘‘Proposed Devil’s Canyon Wil17 derness’’, which shall be known as the ‘‘Devil’s Can18 yon Wilderness’’. 

19 (5) EAGLE CANYON.—Certain Federal land 

20 managed by the Bureau of Land Management, com21 prising approximately 13,832 acres, generally de22 picted on the Map as ‘‘Proposed Eagle Canyon Wil23 derness’’, which shall be known as the ‘‘Eagle Can24 yon Wilderness’’. 


kjohnson on DSK79L0C42 with BILLS
230 

•S 47 PCS

1 (6) HORSE VALLEY.—Certain Federal land 

2 managed by the Bureau of Land Management, com3 prising approximately 12,491 acres, generally de4 picted on the Map as ‘‘Proposed Horse Valley Wil5 derness’’, which shall be known as the ‘‘Horse Valley 

6 Wilderness’’. 

7 (7) LABYRINTH CANYON.—Certain Federal land 

8 managed by the Bureau of Land Management, com9 prising approximately 54,643 acres, generally de10 picted on the Map as ‘‘Proposed Labyrinth Canyon 

11 Wilderness’’, which shall be known as the ‘‘Lab12 yrinth Canyon Wilderness’’. 

13 (8) LITTLE OCEAN DRAW.—Certain Federal 

14 land managed by the Bureau of Land Management, 

15 comprising approximately 20,660 acres, generally 

16 depicted on the Map as ‘‘Proposed Little Ocean 

17 Draw Wilderness’’, which shall be known as the 

18 ‘‘Little Ocean Draw Wilderness’’. 

19 (9) LITTLE WILD HORSE CANYON.—Certain 

20 Federal land managed by the Bureau of Land Man21 agement, comprising approximately 5,479 acres, 

22 generally depicted on the Map as ‘‘Proposed Little 

23 Wild Horse Canyon Wilderness’’, which shall be 

24 known as the ‘‘Little Wild Horse Canyon Wilder25 ness’’. 


kjohnson on DSK79L0C42 with BILLS
231 

•S 47 PCS

1 (10) MEXICAN MOUNTAIN.—Certain Federal 

2 land managed by the Bureau of Land Management, 

3 comprising approximately 76,413 acres, generally 

4 depicted on the Map as ‘‘Proposed Mexican Moun5 tain Wilderness’’, which shall be known as the 

6 ‘‘Mexican Mountain Wilderness’’. 

7 (11) MIDDLE WILD HORSE MESA.—Certain 

8 Federal land managed by the Bureau of Land Man9 agement, comprising approximately 16,343 acres, 

10 generally depicted on the Map as ‘‘Proposed Middle 

11 Wild Horse Mesa Wilderness’’, which shall be known 

12 as the ‘‘Middle Wild Horse Mesa Wilderness’’. 

13 (12) MUDDY CREEK.—Certain Federal land 

14 managed by the Bureau of Land Management, com15 prising approximately 98,023 acres, generally de16 picted on the Map as ‘‘Proposed Muddy Creek Wil17 derness’’, which shall be known as the ‘‘Muddy 

18 Creek Wilderness’’. 

19 (13) NELSON MOUNTAIN.— 

20 (A) IN GENERAL.—Certain Federal land 

21 managed by the Forest Service, comprising ap22 proximately 7,176 acres, and certain Federal 

23 land managed by the Bureau of Land Manage24 ment, comprising approximately 257 acres, gen25 erally depicted on the Map as ‘‘Proposed Nelson 


kjohnson on DSK79L0C42 with BILLS
232 

•S 47 PCS

1 Mountain Wilderness’’, which shall be known as 

2 the ‘‘Nelson Mountain Wilderness’’. 

3 (B) TRANSFER OF ADMINISTRATIVE JURIS4 DICTION.—Administrative jurisdiction over the 

5 257-acre portion of the Nelson Mountain Wil6 derness designated by subparagraph (A) is 

7 transferred from the Bureau of Land Manage8 ment to the Forest Service. 

9 (14) RED’S CANYON.—Certain Federal land 

10 managed by the Bureau of Land Management, com11 prising approximately 17,325 acres, generally de12 picted on the Map as ‘‘Proposed Red’s Canyon Wil13 derness’’, which shall be known as the ‘‘Red’s Can14 yon Wilderness’’. 

15 (15) RHINO HEAD.—Certain Federal land man16 aged by the Bureau of Land Management, com17 prising approximately 19,338 acres, generally de18 picted on the Map as ‘‘Proposed Rhino Head Wil19 derness’’, which shall be known as the ‘‘Rhino Head 

20 Wilderness’’. 

21 (16) SAN RAFAEL REEF.—Certain Federal land 

22 managed by the Bureau of Land Management, com23 prising approximately 60,442 acres, generally de24 picted on the Map as ‘‘Proposed San Rafael Reef 


kjohnson on DSK79L0C42 with BILLS
233 

•S 47 PCS

1 Wilderness’’, which shall be known as the ‘‘San 

2 Rafael Reef Wilderness’’. 

3 (17) SID’S MOUNTAIN.—Certain Federal land 

4 managed by the Bureau of Land Management, com5 prising approximately 49,130 acres, generally de6 picted on the Map as ‘‘Proposed Sid’s Mountain 

7 Wilderness’’, which shall be known as the ‘‘Sid’s 

8 Mountain Wilderness’’. 

9 (18) TURTLE CANYON.—Certain Federal land 

10 managed by the Bureau of Land Management, com11 prising approximately 29,029 acres, generally de12 picted on the Map as ‘‘Proposed Turtle Canyon Wil13 derness’’, which shall be known as the ‘‘Turtle Can14 yon Wilderness’’. 

15 (b) MAP AND LEGAL DESCRIPTION.— 

16 (1) IN GENERAL.—As soon as practicable after 

17 the date of enactment of this Act, the Secretary 

18 shall file a map and legal description of each wilder19 ness area with— 

20 (A) the Committee on Natural Resources 

21 of the House of Representatives; and 

22 (B) the Committee on Energy and Natural 

23 Resources of the Senate. 

24 (2) EFFECT.—Each map and legal description 

25 filed under paragraph (1) shall have the same force 


kjohnson on DSK79L0C42 with BILLS
234 

•S 47 PCS

1 and effect as if included in this part, except that the 

2 Secretary may correct clerical and typographical er3 rors in the maps and legal descriptions. 

4 (3) AVAILABILITY.—Each map and legal de5 scription filed under paragraph (1) shall be on file 

6 and available for public inspection in the appropriate 

7 office of the Secretary. 

8 SEC. 1232. ADMINISTRATION. 

9 (a) MANAGEMENT.—Subject to valid existing rights, 

10 the wilderness areas shall be administered by the Sec11 retary in accordance with the Wilderness Act (16 U.S.C. 

12 1131 et seq.), except that— 

13 (1) any reference in that Act to the effective 

14 date shall be considered to be a reference to the date 

15 of enactment of this Act; and 

16 (2) any reference in that Act to the Secretary 

17 of Agriculture shall be considered to be a reference 

18 to the Secretary. 

19 (b) RECREATIONAL CLIMBING.—Nothing in this part 

20 prohibits recreational rock climbing activities in the wil21 derness areas, such as the placement, use, and mainte22 nance of fixed anchors, including any fixed anchor estab23 lished before the date of the enactment of this Act— 

24 (1) in accordance with the Wilderness Act (16 

25 U.S.C. 1131 et seq.); and 


kjohnson on DSK79L0C42 with BILLS
235 

•S 47 PCS

1 (2) subject to any terms and conditions deter2 mined to be necessary by the Secretary. 

3 (c) TRAIL PLAN.—After providing opportunities for 

4 public comment, the Secretary shall establish a trail plan 

5 that addresses hiking and equestrian trails on the wilder6 ness areas in a manner consistent with the Wilderness Act 

7 (16 U.S.C. 1131 et seq.). 

8 (d) LIVESTOCK.— 

9 (1) IN GENERAL.—The grazing of livestock in 

10 the wilderness areas, if established before the date of 

11 enactment of this Act, shall be allowed to continue, 

12 subject to such reasonable regulations, policies, and 

13 practices as the Secretary considers to be necessary 

14 in accordance with— 

15 (A) section 4(d)(4) of the Wilderness Act 

16 (16 U.S.C. 1133(d)(4)); and 

17 (B) the guidelines set forth in Appendix A 

18 of the report of the Committee on Interior and 

19 Insular Affairs of the House of Representatives 

20 accompanying H.R. 2570 of the 101st Congress 

21 (House Report 101–405). 

22 (2) INVENTORY.—With respect to each wilder23 ness area in which grazing of livestock is allowed to 

24 continue under paragraph (1), not later than 2 years 

25 after the date of enactment of this Act, the SecVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
236 

•S 47 PCS

1 retary, in collaboration with any affected grazing 

2 permittee, shall carry out an inventory of facilities 

3 and improvements associated with grazing activities 

4 in the wilderness area. 

5 (e) ADJACENT MANAGEMENT.— 

6 (1) IN GENERAL.—Congress does not intend for 

7 the designation of the wilderness areas to create pro8 tective perimeters or buffer zones around the wilder9 ness areas. 

10 (2) NONWILDERNESS ACTIVITIES.—The fact 

11 that nonwilderness activities or uses can be seen or 

12 heard from areas within a wilderness area shall not 

13 preclude the conduct of those activities or uses out14 side the boundary of the wilderness area. 

15 (f) MILITARY OVERFLIGHTS.—Nothing in this sub16 part restricts or precludes— 

17 (1) low-level overflights of military aircraft over 

18 the wilderness areas, including military overflights 

19 that can be seen or heard within the wilderness 

20 areas; 

21 (2) flight testing and evaluation; or 

22 (3) the designation or creation of new units of 

23 special use airspace, or the establishment of military 

24 flight training routes, over the wilderness areas. 


kjohnson on DSK79L0C42 with BILLS
237 

•S 47 PCS

1 (g) COMMERCIAL SERVICES.—Commercial services 

2 (including authorized outfitting and guide activities) with3 in the wilderness areas may be authorized to the extent 

4 necessary for activities that are appropriate for realizing 

5 the recreational or other wilderness purposes of the wilder6 ness areas, in accordance with section 4(d)(5) of the Wil7 derness Act (16 U.S.C. 1133(d)(5)). 

8 (h) LAND ACQUISITION AND INCORPORATION OF AC9 QUIRED LAND AND INTERESTS.— 

10 (1) ACQUISITION AUTHORITY.—The Secretary 

11 may acquire land and interests in land within the 

12 boundaries of a wilderness area by donation, pur13 chase from a willing seller, or exchange. 

14 (2) INCORPORATION.—Any land or interest in 

15 land within the boundary of a wilderness area that 

16 is acquired by the United States after the date of 

17 enactment of this Act shall be added to and adminis18 tered as part of the wilderness area. 

19 (i) WATER RIGHTS.— 

20 (1) STATUTORY CONSTRUCTION.—Nothing in 

21 this subpart— 

22 (A) shall constitute or be construed to con23 stitute either an express or implied reservation 

24 by the United States of any water or water 


kjohnson on DSK79L0C42 with BILLS
238 

•S 47 PCS

1 rights with respect to the land designated as 

2 wilderness by section 1231; 

3 (B) shall affect any water rights in the 

4 State existing on the date of enactment of this 

5 Act, including any water rights held by the 

6 United States; 

7 (C) shall be construed as establishing a 

8 precedent with regard to any future wilderness 

9 designations; 

10 (D) shall affect the interpretation of, or 

11 any designation made pursuant to, any other 

12 Act; or 

13 (E) shall be construed as limiting, altering, 

14 modifying, or amending any of the interstate 

15 compacts or equitable apportionment decrees 

16 that apportions water among and between the 

17 State and other States. 

18 (2) STATE WATER LAW.—The Secretary shall 

19 follow the procedural and substantive requirements 

20 of the State in order to obtain and hold any water 

21 rights not in existence on the date of enactment of 

22 this Act with respect to the wilderness areas. 

23 (j) MEMORANDUM OF UNDERSTANDING.—The Sec24 retary shall offer to enter into a memorandum of under25 standing with the County, in accordance with the WilderVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
239 

•S 47 PCS

1 ness Act (16 U.S.C. 1131 et seq.), to clarify the approval 

2 processes for the use of motorized equipment and mechan3 ical transport for search and rescue activities in the 

4 Muddy Creek Wilderness established by section 

5 1231(a)(12). 

6 SEC. 1233. FISH AND WILDLIFE MANAGEMENT. 

7 Nothing in this subpart affects the jurisdiction of the 

8 State with respect to fish and wildlife on public land lo9 cated in the State. 

10 SEC. 1234. RELEASE. 

11 (a) FINDING.—Congress finds that, for the purposes 

12 of section 603(c) of the Federal Land Policy and Manage13 ment Act of 1976 (43 U.S.C. 1782(c)), the approximately 

14 17,420 acres of public land administered by the Bureau 

15 of Land Management in the County that has not been des16 ignated as wilderness by section 1231(a) has been ade17 quately studied for wilderness designation. 

18 (b) RELEASE.—The public land described in sub19 section (a)— 

20 (1) is no longer subject to section 603(c) of the 

21 Federal Land Policy and Management Act of 1976 

22 (43 U.S.C. 1782(c)); and 

23 (2) shall be managed in accordance with— 

24 (A) applicable law; and 


kjohnson on DSK79L0C42 with BILLS
240 

•S 47 PCS

1 (B) any applicable land management plan 

2 adopted under section 202 of the Federal Land 

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

4 1712). 

5 Subpart C—Wild and Scenic River Designation 

6 SEC. 1241. GREEN RIVER WILD AND SCENIC RIVER DES7 IGNATION. 

8 (a) IN GENERAL.—Section 3(a) of the Wild and Sce9 nic Rivers Act (16 U.S.C. 1274(a)) (as amended by sec10 tion 1205(a)(5)(B)(i)) is amended by adding at the end 

11 the following: 

12 ‘‘(224) GREEN RIVER.—The approximately 63- 

13 mile segment, as generally depicted on the map enti14 tled ‘Emery County Public Land Management Act of 

15 2018 Overview Map’ and dated December 11, 2018, 

16 to be administered by the Secretary of the Interior, 

17 in the following classifications: 

18 ‘‘(A) WILD RIVER SEGMENT.—The 5.3- 

19 mile segment from the boundary of the Uintah 

20 and Ouray Reservation, south to the Nefertiti 

21 boat ramp, as a wild river. 

22 ‘‘(B) RECREATIONAL RIVER SEGMENT.— 

23 The 8.5-mile segment from the Nefertiti boat 

24 ramp, south to the Swasey’s boat ramp, as a 

25 recreational river. 


kjohnson on DSK79L0C42 with BILLS
241 

•S 47 PCS

1 ‘‘(C) SCENIC RIVER SEGMENT.—The 49.2- 

2 mile segment from Bull Bottom, south to the 

3 county line between Emery and Wayne Coun4 ties, as a scenic river.’’. 

5 (b) INCORPORATION OF ACQUIRED NON-FEDERAL

6 LAND.—If the United States acquires any non-Federal 

7 land within or adjacent to a river segment of the Green 

8 River designated by paragraph (224) of section 3(a) of 

9 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

10 added by subsection (a)), the acquired land shall be incor11 porated in, and be administered as part of, the applicable 

12 wild, scenic, or recreational river. 

13 Subpart D—Land Management and Conveyances 

14 SEC. 1251. GOBLIN VALLEY STATE PARK. 

15 (a) IN GENERAL.—The Secretary shall offer to con16 vey to the Utah Division of Parks and Recreation of the 

17 Utah Department of Natural Resources (referred to in 

18 this section as the ‘‘State’’), approximately 6,261 acres of 

19 land identified on the Map as the ‘‘Proposed Goblin Valley 

20 State Park Expansion’’, without consideration, for the 

21 management by the State as a State park, consistent with 

22 uses allowed under the Act of June 14, 1926 (commonly 

23 known as the ‘‘Recreation and Public Purposes Act’’) (44 

24 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). 


kjohnson on DSK79L0C42 with BILLS
242 

•S 47 PCS

1 (b) REVERSIONARY CLAUSE REQUIRED.—A convey2 ance under subsection (a) shall include a reversionary 

3 clause to ensure that management of the land described 

4 in that subsection shall revert to the Secretary if the land 

5 is no longer being managed as a State park in accordance 

6 with subsection (a). 

7 SEC. 1252. JURASSIC NATIONAL MONUMENT. 

8 (a) ESTABLISHMENT PURPOSES.—To conserve, in9 terpret, and enhance for the benefit of present and future 

10 generations the paleontological, scientific, educational, and 

11 recreational resources of the area and subject to valid ex12 isting rights, there is established in the State the Jurassic 

13 National Monument (referred to in this section as the 

14 ‘‘Monument’’), consisting of approximately 850 acres of 

15 Federal land administered by the Bureau of Land Man16 agement in the County and generally depicted as ‘‘Pro17 posed Jurassic National Monument’’ on the Map. 

18 (b) MAP AND LEGAL DESCRIPTION.— 

19 (1) IN GENERAL.—Not later than 2 years after 

20 the date of enactment of this Act, the Secretary 

21 shall file with the Committee on Energy and Natural 

22 Resources of the Senate and the Committee on Nat23 ural Resources of the House of Representatives a 

24 map and legal description of the Monument. 


kjohnson on DSK79L0C42 with BILLS
243 

•S 47 PCS

1 (2) EFFECT.—The map and legal description 

2 filed under paragraph (1) shall have the same force 

3 and effect as if included in this section, except that 

4 the Secretary may correct clerical and typographical 

5 errors in the map and legal description, subject to 

6 the requirement that, before making the proposed 

7 corrections, the Secretary shall submit to the State 

8 and any affected county the proposed corrections. 

9 (3) PUBLIC AVAILABILITY.—A copy of the map 

10 and legal description filed under paragraph (1) shall 

11 be on file and available for public inspection in the 

12 appropriate offices of the Bureau of Land Manage13 ment. 

14 (c) WITHDRAWAL.—Subject to valid existing rights, 

15 any Federal land within the boundaries of the Monument 

16 and any land or interest in land that is acquired by the 

17 United States for inclusion in the Monument after the 

18 date of enactment of this Act is withdrawn from— 

19 (1) entry, appropriation, or disposal under the 

20 public land laws; 

21 (2) location, entry, and patent under the mining 

22 laws; and 

23 (3) operation of the mineral leasing laws, geo24 thermal leasing laws, and minerals materials laws. 

25 (d) MANAGEMENT.— 


kjohnson on DSK79L0C42 with BILLS
244 

•S 47 PCS

1 (1) IN GENERAL.—The Secretary shall manage 

2 the Monument— 

3 (A) in a manner that conserves, protects, 

4 and enhances the resources and values of the 

5 Monument, including the resources and values 

6 described in subsection (a); and 

7 (B) in accordance with— 

8 (i) this section; 

9 (ii) the Federal Land Policy and Man10 agement Act of 1976 (43 U.S.C. 1701 et 

11 seq.); and 

12 (iii) any other applicable Federal law. 

13 (2) NATIONAL LANDSCAPE CONSERVATION SYS14 TEM.—The Monument shall be managed as a com15 ponent of the National Landscape Conservation Sys16 tem. 

17 (e) MANAGEMENT PLAN.— 

18 (1) IN GENERAL.—Not later than 2 years after 

19 the date of enactment of this Act, the Secretary 

20 shall develop a comprehensive management plan for 

21 the long-term protection and management of the 

22 Monument. 

23 (2) COMPONENTS.—The management plan de24 veloped under paragraph (1) shall— 


kjohnson on DSK79L0C42 with BILLS
245 

•S 47 PCS

1 (A) describe the appropriate uses and 

2 management of the Monument, consistent with 

3 the provisions of this section; and 

4 (B) allow for continued scientific research 

5 at the Monument during the development of the 

6 management plan for the Monument, subject to 

7 any terms and conditions that the Secretary de8 termines necessary to protect Monument re9 sources. 

10 (f) AUTHORIZED USES.—The Secretary shall only 

11 allow uses of the Monument that the Secretary determines 

12 would further the purposes for which the Monument has 

13 been established. 

14 (g) INTERPRETATION, EDUCATION, AND SCIENTIFIC

15 RESEARCH.— 

16 (1) IN GENERAL.—The Secretary shall provide 

17 for public interpretation of, and education and sci18 entific research on, the paleontological resources of 

19 the Monument. 

20 (2) COOPERATIVE AGREEMENTS.—The Sec21 retary may enter into cooperative agreements with 

22 appropriate public entities to carry out paragraph 

23 (1). 

24 (h) SPECIAL MANAGEMENT AREAS.— 


kjohnson on DSK79L0C42 with BILLS
246 

•S 47 PCS

1 (1) IN GENERAL.—The establishment of the 

2 Monument shall not modify the management status 

3 of any area within the boundary of the Monument 

4 that is managed as an area of critical environmental 

5 concern. 

6 (2) CONFLICT OF LAWS.—If there is a conflict 

7 between the laws applicable to an area described in 

8 paragraph (1) and this section, the more restrictive 

9 provision shall control. 

10 (i) MOTORIZED VEHICLES.—Except as needed for 

11 administrative purposes or to respond to an emergency, 

12 the use of motorized vehicles in the Monument shall be 

13 allowed only on roads and trails designated for use by mo14 torized vehicles under the management plan for the Monu15 ment developed under subsection (e). 

16 (j) WATER RIGHTS.—Nothing in this section con17 stitutes an express or implied reservation by the United 

18 States of any water or water rights with respect to the 

19 Monument. 

20 (k) GRAZING.—The grazing of livestock in the Monu21 ment, if established before the date of enactment of this 

22 Act, shall be allowed to continue, subject to such reason23 able regulations, policies, and practices as the Secretary 

24 considers to be necessary in accordance with— 

25 (1) applicable law (including regulations); 


kjohnson on DSK79L0C42 with BILLS
247 

•S 47 PCS

1 (2) the guidelines set forth in Appendix A of 

2 the report of the Committee on Interior and Insular 

3 Affairs of the House of Representatives accom4 panying H.R. 2570 of the 101st Congress (House 

5 Report 101–405); and 

6 (3) the purposes of the Monument. 

7 SEC. 1253. PUBLIC LAND DISPOSAL AND ACQUISITION. 

8 (a) IN GENERAL.—In accordance with applicable law, 

9 the Secretary may sell public land located in the County 

10 that has been identified as suitable for disposal based on 

11 specific criteria as listed in the Federal Land Policy and 

12 Management Act of 1976 (43 U.S.C. 1713) in the applica13 ble resource management plan in existence on the date of 

14 enactment of this Act. 

15 (b) USE OF PROCEEDS.— 

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law (other than a law that specifically 

18 provides for a portion of the proceeds of a land sale 

19 to be distributed to any trust fund of the State), 

20 proceeds from the sale of public land under sub21 section (a) shall be deposited in a separate account 

22 in the Treasury, to be known as the ‘‘Emery County, 

23 Utah, Land Acquisition Account’’ (referred to in this 

24 section as the ‘‘Account’’). 

25 (2) AVAILABILITY.— 


kjohnson on DSK79L0C42 with BILLS
248 

•S 47 PCS

1 (A) IN GENERAL.—Amounts in the Ac2 count shall be available to the Secretary, with3 out further appropriation, to purchase from 

4 willing sellers land or interests in land within a 

5 wilderness area or the Recreation Area. 

6 (B) APPLICABILITY.—Any purchase of 

7 land or interest in land under subparagraph (A) 

8 shall be in accordance with applicable law. 

9 (C) PROTECTION OF CULTURAL RE10 SOURCES.—To the extent that there are 

11 amounts in the Account in excess of the 

12 amounts needed to carry out subparagraph (A), 

13 the Secretary may use the excess amounts for 

14 the protection of cultural resources on Federal 

15 land within the County. 

16 SEC. 1254. PUBLIC PURPOSE CONVEYANCES. 

17 (a) IN GENERAL.—Notwithstanding the land use 

18 planning requirement of sections 202 and 203 of the Fed19 eral Land Policy and Management Act of 1976 (43 U.S.C. 

20 1712, 1713), on request by the applicable local govern21 mental entity, the Secretary shall convey without consider22 ation the following parcels of public land to be used for 

23 public purposes: 

24 (1) EMERY CITY RECREATION AREA.—The ap25 proximately 640-acre parcel as generally depicted on 


kjohnson on DSK79L0C42 with BILLS
249 

•S 47 PCS

1 the Map, to the City of Emery, Utah, for the cre2 ation or enhancement of public recreation opportuni3 ties consistent with uses allowed under the Act of 

4 June 14, 1926 (commonly known as the ‘‘Recreation 

5 and Public Purposes Act’’) (44 Stat. 741, chapter 

6 578; 43 U.S.C. 869 et seq.). 

7 (2) HUNTINGTON AIRPORT.—The approxi8 mately 320-acre parcel as generally depicted on the 

9 Map, to Emery County, Utah, for expansion of Hun10 tington Airport consistent with uses allowed under 

11 the Act of June 14, 1926 (commonly known as the 

12 ‘‘Recreation and Public Purposes Act’’) (44 Stat. 

13 741, chapter 578; 43 U.S.C. 869 et seq.). 

14 (3) EMERY COUNTY SHERIFF’S OFFICE.—The 

15 approximately 5-acre parcel as generally depicted on 

16 the Map, to Emery County, Utah, for the Emery 

17 County Sheriff’s Office substation consistent with 

18 uses allowed under the Act of June 14, 1926 (com19 monly known as the ‘‘Recreation and Public Pur20 poses Act’’) (44 Stat. 741, chapter 578; 43 U.S.C. 

21 869 et seq.). 

22 (4) BUCKHORN INFORMATION CENTER.—The 

23 approximately 5-acre parcel as generally depicted on 

24 the Map, to Emery County, Utah, for the Buckhorn 

25 Information Center consistent with uses allowed 


kjohnson on DSK79L0C42 with BILLS
250 

•S 47 PCS

1 under the Act of June 14, 1926 (commonly known 

2 as the ‘‘Recreation and Public Purposes Act’’) (44 

3 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). 

4 (b) MAP AND LEGAL DESCRIPTION.— 

5 (1) IN GENERAL.—As soon as practicable after 

6 the date of enactment of this Act, the Secretary 

7 shall file a map and legal description of each parcel 

8 of land to be conveyed under subsection (a) with— 

9 (A) the Committee on Energy and Natural 

10 Resources of the Senate; and 

11 (B) the Committee on Natural Resources 

12 of the House of Representatives. 

13 (2) EFFECT.—Each map and legal description 

14 filed under paragraph (1) shall have the same force 

15 and effect as if included in this part, except that the 

16 Secretary may correct clerical or typographical er17 rors in the map and legal description. 

18 (3) PUBLIC AVAILABILITY.—Each map and 

19 legal description filed under paragraph (1) shall be 

20 on file and available for public inspection in the 

21 Price Field Office of the Bureau of Land Manage22 ment. 

23 (c) REVERSION.— 

24 (1) IN GENERAL.—If a parcel of land conveyed 

25 under subsection (a) is used for a purpose other 


kjohnson on DSK79L0C42 with BILLS
251 

•S 47 PCS

1 than the purpose described in that subsection, the 

2 parcel of land shall, at the discretion of the Sec3 retary, revert to the United States. 

4 (2) RESPONSIBILITY FOR REMEDIATION.—In 

5 the case of a reversion under paragraph (1), if the 

6 Secretary determines that the parcel of land is con7 taminated with hazardous waste, the local govern8 mental entity to which the parcel of land was con9 veyed under subsection (a) shall be responsible for 

10 remediation. 

11 SEC. 1255. EXCHANGE OF BLM AND SCHOOL AND INSTITU12 TIONAL TRUST LANDS ADMINISTRATION 

13 LAND. 

14 (a) DEFINITIONS.—In this section: 

15 (1) EXCHANGE MAP.—The term ‘‘Exchange 

16 Map’’ means the map prepared by the Bureau of 

17 Land Management entitled ‘‘Emery County Public 

18 Land Management Act—Proposed Land Exchange’’ 

19 and dated December, 10, 2018. 

20 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

21 means public land located in the State of Utah that 

22 is identified on the Exchange Map as— 

23 (A) ‘‘BLM Surface and Mineral Lands 

24 Proposed for Transfer to SITLA’’; 


kjohnson on DSK79L0C42 with BILLS
252 

•S 47 PCS

1 (B) ‘‘BLM Mineral Lands Proposed for 

2 Transfer to SITLA’’; and 

3 (C) ‘‘BLM Surface Lands Proposed for 

4 Transfer to SITLA’’. 

5 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed6 eral land’’ means the land owned by the State in the 

7 Emery and Uintah Counties that is identified on the 

8 Exchange Map as— 

9 (A) ‘‘SITLA Surface and Mineral Land 

10 Proposed for Transfer to BLM’’; 

11 (B) ‘‘SITLA Mineral Lands Proposed for 

12 Transfer to BLM’’; and 

13 (C) ‘‘SITLA Surface Lands Proposed for 

14 Transfer to BLM’’. 

15 (4) STATE.—The term ‘‘State’’ means the 

16 State, acting through the School and Institutional 

17 Trust Lands Administration. 

18 (b) EXCHANGE OF FEDERAL LAND AND NON-FED19 ERAL LAND.— 

20 (1) IN GENERAL.—If the State offers to convey 

21 to the United States title to the non-Federal land, 

22 the Secretary, in accordance with this section, 

23 shall— 

24 (A) accept the offer; and 


kjohnson on DSK79L0C42 with BILLS
253 

•S 47 PCS

1 (B) on receipt of all right, title, and inter2 est in and to the non-Federal land, convey to 

3 the State (or a designee) all right, title, and in4 terest of the United States in and to the Fed5 eral land. 

6 (2) CONVEYANCE OF PARCELS IN PHASES.— 

7 (A) IN GENERAL.—Notwithstanding that 

8 appraisals for all of the parcels of Federal land 

9 and non-Federal land may not have been ap10 proved under subsection (c)(5), parcels of the 

11 Federal land and non-Federal land may be ex12 changed under paragraph (1) in phases, to be 

13 mutually agreed by the Secretary and the State, 

14 beginning on the date on which the appraised 

15 values of the parcels included in the applicable 

16 phase are approved. 

17 (B) NO AGREEMENT ON EXCHANGE.—If 

18 any dispute or delay arises with respect to the 

19 exchange of an individual parcel of Federal land 

20 or non-Federal land under paragraph (1), the 

21 Secretary and the State may mutually agree to 

22 set aside the individual parcel to allow the ex23 change of the other parcels of Federal land and 

24 non-Federal land to proceed. 

25 (3) EXCLUSION.— 


kjohnson on DSK79L0C42 with BILLS
254 

•S 47 PCS

1 (A) IN GENERAL.—The Secretary shall ex2 clude from any conveyance of a parcel of Fed3 eral land under paragraph (1) any Federal land 

4 that contains critical habitat designated for a 

5 species listed as an endangered species or a 

6 threatened species under the Endangered Spe7 cies Act of 1973 (16 U.S.C. 1531 et seq.). 

8 (B) REQUIREMENT.—Any Federal land ex9 cluded under subparagraph (A) shall be the 

10 smallest area necessary to protect the applicable 

11 critical habitat. 

12 (4) APPLICABLE LAW.— 

13 (A) IN GENERAL.—The land exchange 

14 under paragraph (1) shall be subject to section 

15 206 of the Federal Land Policy and Manage16 ment Act of 1976 (43 U.S.C. 1716) and other 

17 applicable law. 

18 (B) LAND USE PLANNING.—With respect 

19 to the Federal land to be conveyed under para20 graph (1), the Secretary shall not be required 

21 to undertake any additional land use planning 

22 under section 202 of the Federal Land Policy 

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

24 before the conveyance of the Federal land. 


kjohnson on DSK79L0C42 with BILLS
255 

•S 47 PCS

1 (5) VALID EXISTING RIGHTS.—The land ex2 change under paragraph (1) shall be subject to valid 

3 existing rights. 

4 (6) TITLE APPROVAL.—Title to the Federal 

5 land and non-Federal land to be exchanged under 

6 paragraph (1) shall be in a form acceptable to the 

7 Secretary and the State. 

8 (c) APPRAISALS.— 

9 (1) IN GENERAL.—The value of the Federal 

10 land and the non-Federal land to be exchanged 

11 under subsection (b)(1) shall be determined by ap12 praisals conducted by 1 or more independent and 

13 qualified appraisers. 

14 (2) STATE APPRAISER.—The Secretary and the 

15 State may agree to use an independent and qualified 

16 appraiser— 

17 (A) retained by the State; and 

18 (B) approved by the Secretary. 

19 (3) APPLICABLE LAW.—The appraisals under 

20 paragraph (1) shall be conducted in accordance with 

21 nationally recognized appraisal standards, including, 

22 as appropriate— 

23 (A) the Uniform Appraisal Standards for 

24 Federal Land Acquisitions; and 


kjohnson on DSK79L0C42 with BILLS
256 

•S 47 PCS

1 (B) the Uniform Standards of Professional 

2 Appraisal Practice. 

3 (4) MINERALS.— 

4 (A) MINERAL REPORTS.—The appraisals 

5 under paragraph (1) may take into account 

6 mineral and technical reports provided by the 

7 Secretary and the State in the evaluation of 

8 mineral deposits in the Federal land and non9 Federal land. 

10 (B) MINING CLAIMS.—To the extent per11 missible under applicable appraisal standards, 

12 the appraisal of any parcel of Federal land that 

13 is encumbered by a mining or millsite claim lo14 cated under sections 2318 through 2352 of the 

15 Revised Statutes (commonly known as the 

16 ‘‘Mining Law of 1872’’) (30 U.S.C. 21 et seq.) 

17 shall be appraised in accordance with standard 

18 appraisal practices, including, as appropriate, 

19 the Uniform Appraisal Standards for Federal 

20 Land Acquisition. 

21 (C) VALIDITY EXAMINATIONS.—Nothing in 

22 this subsection requires the United States to 

23 conduct a mineral examination for any mining 

24 claim on the Federal land. 

25 (D) ADJUSTMENT.— 


kjohnson on DSK79L0C42 with BILLS
257 

•S 47 PCS

1 (i) IN GENERAL.—If value is attrib2 uted to any parcel of Federal land because 

3 of the presence of minerals subject to leas4 ing under the Mineral Leasing Act (30 

5 U.S.C. 181 et seq.), the value of the parcel 

6 (as otherwise established under this sub7 section) shall be reduced by the percentage 

8 of the applicable Federal revenue sharing 

9 obligation under section 35(a) of the Min10 eral Leasing Act (30 U.S.C. 191(a)). 

11 (ii) LIMITATION.—An adjustment 

12 under clause (i) shall not be considered to 

13 be a property right of the State. 

14 (5) APPROVAL.—An appraisal conducted under 

15 paragraph (1) shall be submitted to the Secretary 

16 and the State for approval. 

17 (6) DURATION.—An appraisal conducted under 

18 paragraph (1) shall remain valid for 3 years after 

19 the date on which the appraisal is approved by the 

20 Secretary and the State. 

21 (7) COST OF APPRAISAL.— 

22 (A) IN GENERAL.—The cost of an ap23 praisal conducted under paragraph (1) shall be 

24 paid equally by the Secretary and the State. 


kjohnson on DSK79L0C42 with BILLS
258 

•S 47 PCS

1 (B) REIMBURSEMENT BY SECRETARY.—If 

2 the State retains an appraiser in accordance 

3 with paragraph (2), the Secretary shall reim4 burse the State in an amount equal to 50 per5 cent of the costs incurred by the State. 

6 (d) CONVEYANCE OF TITLE.—It is the intent of Con7 gress that the land exchange authorized under subsection 

8 (b)(1) shall be completed not later than 1 year after the 

9 date of final approval by the Secretary and the State of 

10 the appraisals conducted under subsection (c). 

11 (e) PUBLIC INSPECTION AND NOTICE.— 

12 (1) PUBLIC INSPECTION.—Not later than 30 

13 days before the date of any exchange of Federal land 

14 and non-Federal land under subsection (b)(1), all 

15 final appraisals and appraisal reviews for the land to 

16 be exchanged shall be available for public review at 

17 the office of the State Director of the Bureau of 

18 Land Management in the State of Utah. 

19 (2) NOTICE.—The Secretary shall make avail20 able on the public website of the Secretary, and the 

21 Secretary or the State, as applicable, shall publish in 

22 a newspaper of general circulation in Salt Lake 

23 County, Utah, a notice that the appraisals conducted 

24 under subsection (c) are available for public inspec25 tion. 


kjohnson on DSK79L0C42 with BILLS
259 

•S 47 PCS

1 (f) EQUAL VALUE EXCHANGE.— 

2 (1) IN GENERAL.—The value of the Federal 

3 land and non-Federal land to be exchanged under 

4 subsection (b)(1)— 

5 (A) shall be equal; or 

6 (B) shall be made equal in accordance with 

7 paragraph (2). 

8 (2) EQUALIZATION.— 

9 (A) SURPLUS OF FEDERAL LAND.—With 

10 respect to any Federal land and non-Federal 

11 land to be exchanged under subsection (b)(1), if 

12 the value of the Federal land exceeds the value 

13 of the non-Federal land, the value of the Fed14 eral land and non-Federal land shall be equal15 ized by— 

16 (i) the State conveying to the Sec17 retary, as necessary to equalize the value 

18 of the Federal land and non-Federal land, 

19 after the acquisition of all State trust land 

20 located within the wilderness areas or 

21 recreation area designated by this part, 

22 State trust land located within any of the 

23 wilderness areas or national conservation 

24 areas in Washington County, Utah, estab25 lished under subtitle O of title I of the 


kjohnson on DSK79L0C42 with BILLS
260 

•S 47 PCS

1 Omnibus Public Land Management Act of 

2 2009 (Public Law 111–11; 123 Stat. 

3 1075); and 

4 (ii) the State, to the extent necessary 

5 to equalize any remaining imbalance of 

6 value after all available Washington Coun7 ty, Utah, land described in clause (i) has 

8 been conveyed to the Secretary, conveying 

9 to the Secretary additional State trust land 

10 as identified and agreed on by the Sec11 retary and the State. 

12 (B) SURPLUS OF NON-FEDERAL LAND.—If 

13 the value of the non-Federal land exceeds the 

14 value of the Federal land, the value of the Fed15 eral land and the non-Federal land shall be 

16 equalized— 

17 (i) by the Secretary making a cash 

18 equalization payment to the State, in ac19 cordance with section 206(b) of the Fed20 eral Land Policy and Management Act of 

21 1976 (43 U.S.C. 1716(b)); or 

22 (ii) by removing non-Federal land 

23 from the exchange. 

24 (g) INDIAN TRIBES.—The Secretary shall consult 

25 with any federally recognized Indian Tribe in the vicinity 


kjohnson on DSK79L0C42 with BILLS
261 

•S 47 PCS

1 of the Federal land and non-Federal land to be exchanged 

2 under subsection (b)(1) before the completion of the land 

3 exchange. 

4 (h) APPURTENANT WATER RIGHTS.—Any convey5 ance of a parcel of Federal land or non-Federal land under 

6 subsection (b)(1) shall include the conveyance of water 

7 rights appurtenant to the parcel conveyed. 

8 (i) GRAZING PERMITS.— 

9 (1) IN GENERAL.—If the Federal land or non10 Federal land exchanged under subsection (b)(1) is 

11 subject to a lease, permit, or contract for the graz12 ing of domestic livestock in effect on the date of ac13 quisition, the Secretary and the State shall allow the 

14 grazing to continue for the remainder of the term of 

15 the lease, permit, or contract, subject to the related 

16 terms and conditions of user agreements, including 

17 permitted stocking rates, grazing fee levels, access 

18 rights, and ownership and use of range improve19 ments. 

20 (2) RENEWAL.—To the extent allowed by Fed21 eral or State law, on expiration of any grazing lease, 

22 permit, or contract described in paragraph (1), the 

23 holder of the lease, permit, or contract shall be enti24 tled to a preference right to renew the lease, permit, 

25 or contract. 


kjohnson on DSK79L0C42 with BILLS
262 

•S 47 PCS

1 (3) CANCELLATION.— 

2 (A) IN GENERAL.—Nothing in this section 

3 prevents the Secretary or the State from can4 celing or modifying a grazing permit, lease, or 

5 contract if the Federal land or non-Federal 

6 land subject to the permit, lease, or contract is 

7 sold, conveyed, transferred, or leased for non8 grazing purposes by the Secretary or the State. 

9 (B) LIMITATION.—Except to the extent 

10 reasonably necessary to accommodate surface 

11 operations in support of mineral development, 

12 the Secretary or the State shall not cancel or 

13 modify a grazing permit, lease, or contract be14 cause the land subject to the permit, lease, or 

15 contract has been leased for mineral develop16 ment. 

17 (4) BASE PROPERTIES.—If non-Federal land 

18 conveyed by the State under subsection (b)(1) is 

19 used by a grazing permittee or lessee to meet the 

20 base property requirements for a Federal grazing 

21 permit or lease, the land shall continue to qualify as 

22 a base property for— 

23 (A) the remaining term of the lease or per24 mit; and 


kjohnson on DSK79L0C42 with BILLS
263 

•S 47 PCS

1 (B) the term of any renewal or extension 

2 of the lease or permit. 

3 (j) WITHDRAWAL OF FEDERAL LAND FROM MIN4 ERAL ENTRY PRIOR TO EXCHANGE.—Subject to valid ex5 isting rights, the Federal land to be conveyed to the State 

6 under subsection (b)(1) is withdrawn from mineral loca7 tion, entry, and patent under the mining laws pending 

8 conveyance of the Federal land to the State. 

9 Subtitle D—Wild and Scenic Rivers 

10 SEC. 1301. LOWER FARMINGTON RIVER AND SALMON 

11 BROOK WILD AND SCENIC RIVER. 

12 (a) FINDINGS.—Congress finds that— 

13 (1) the Lower Farmington River and Salmon 

14 Brook Study Act of 2005 (Public Law 109–370) au15 thorized the study of the Farmington River down16 stream from the segment designated as a rec17 reational river by section 3(a)(156) of the Wild and 

18 Scenic Rivers Act (16 U.S.C. 1277(a)(156)) to its 

19 confluence with the Connecticut River, and the seg20 ment of the Salmon Brook including its main stem 

21 and east and west branches for potential inclusion in 

22 the National Wild and Scenic Rivers System; 

23 (2) the studied segments of the Lower Farm24 ington River and Salmon Brook support natural, 

25 cultural, and recreational resources of exceptional 


kjohnson on DSK79L0C42 with BILLS
264 

•S 47 PCS

1 significance to the citizens of Connecticut and the 

2 Nation; 

3 (3) concurrently with the preparation of the 

4 study, the Lower Farmington River and Salmon 

5 Brook Wild and Scenic Study Committee prepared 

6 the Lower Farmington River and Salmon Brook 

7 Management Plan, June 2011 (referred to in this 

8 section as the ‘‘management plan’’), that establishes 

9 objectives, standards, and action programs that will 

10 ensure the long-term protection of the outstanding 

11 values of the river segments without Federal man12 agement of affected lands not owned by the United 

13 States; 

14 (4) the Lower Farmington River and Salmon 

15 Brook Wild and Scenic Study Committee has voted 

16 in favor of Wild and Scenic River designation for the 

17 river segments, and has included this recommenda18 tion as an integral part of the management plan; 

19 (5) there is strong local support for the protec20 tion of the Lower Farmington River and Salmon 

21 Brook, including votes of support for Wild and Sce22 nic designation from the governing bodies of all ten 

23 communities abutting the study area; 

24 (6) the State of Connecticut General Assembly 

25 has endorsed the designation of the Lower FarmVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
265 

•S 47 PCS

1 ington River and Salmon Brook as components of 

2 the National Wild and Scenic Rivers System (Public 

3 Act 08–37); and 

4 (7) the Rainbow Dam and Reservoir are located 

5 entirely outside of the river segment designated by 

6 subsection (b), and, based on the findings of the 

7 study of the Lower Farmington River pursuant to 

8 Public Law 109–370, this hydroelectric project (in9 cluding all aspects of its facilities, operations, and 

10 transmission lines) is compatible with the designa11 tion made by subsection (b). 

12 (b) DESIGNATION.—Section 3(a) of the Wild and 

13 Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by 

14 section 1241(a)) is amended by adding at the end the fol15 lowing: 

16 ‘‘(225) LOWER FARMINGTON RIVER AND SALM17 ON BROOK, CONNECTICUT.—Segments of the main 

18 stem and its tributary, Salmon Brook, totaling ap19 proximately 62 miles, to be administered by the Sec20 retary of the Interior as follows: 

21 ‘‘(A) The approximately 27.2-mile segment 

22 of the Farmington River beginning 0.2 miles 

23 below the tailrace of the Lower Collinsville Dam 

24 and extending to the site of the Spoonville Dam 


kjohnson on DSK79L0C42 with BILLS
266 

•S 47 PCS

1 in Bloomfield and East Granby as a rec2 reational river. 

3 ‘‘(B) The approximately 8.1-mile segment 

4 of the Farmington River extending from 0.5 

5 miles below the Rainbow Dam to the confluence 

6 with the Connecticut River in Windsor as a rec7 reational river. 

8 ‘‘(C) The approximately 2.4-mile segment 

9 of the main stem of Salmon Brook extending 

10 from the confluence of the East and West 

11 Branches to the confluence with the Farm12 ington River as a recreational river. 

13 ‘‘(D) The approximately 12.6-mile segment 

14 of the West Branch of Salmon Brook extending 

15 from its headwaters in Hartland, Connecticut, 

16 to its confluence with the East Branch of Salm17 on Brook as a recreational river. 

18 ‘‘(E) The approximately 11.4-mile segment 

19 of the East Branch of Salmon Brook extending 

20 from the Massachusetts-Connecticut State line 

21 to the confluence with the West Branch of 

22 Salmon Brook as a recreational river.’’. 

23 (c) MANAGEMENT.— 

24 (1) IN GENERAL.—The river segments des25 ignated by subsection (b) shall be managed in acVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
267 

•S 47 PCS

1 cordance with the management plan and such 

2 amendments to the management plan as the Sec3 retary determines are consistent with this section. 

4 The management plan shall be deemed to satisfy the 

5 requirements for a comprehensive management plan 

6 pursuant to section 3(d) of the Wild and Scenic Riv7 ers Act (16 U.S.C. 1274(d)). 

8 (2) COMMITTEE.—The Secretary shall coordi9 nate the management responsibilities of the Sec10 retary under this section with the Lower Farm11 ington River and Salmon Brook Wild and Scenic 

12 Committee, as specified in the management plan. 

13 (3) COOPERATIVE AGREEMENTS.— 

14 (A) IN GENERAL.—In order to provide for 

15 the long-term protection, preservation, and en16 hancement of the river segment designated by 

17 subsection (b), the Secretary is authorized to 

18 enter into cooperative agreements pursuant to 

19 sections 10(e) and 11(b)(1) of the Wild and 

20 Scenic Rivers Act (16 U.S.C. 1281(e), 

21 1282(b)(1)) with— 

22 (i) the State of Connecticut; 

23 (ii) the towns of Avon, Bloomfield, 

24 Burlington, East Granby, Farmington, 


kjohnson on DSK79L0C42 with BILLS
268 

•S 47 PCS

1 Granby, Hartland, Simsbury, and Windsor 

2 in Connecticut; and 

3 (iii) appropriate local planning and 

4 environmental organizations. 

5 (B) CONSISTENCY.—All cooperative agree6 ments provided for under this section shall be 

7 consistent with the management plan and may 

8 include provisions for financial or other assist9 ance from the United States. 

10 (4) LAND MANAGEMENT.— 

11 (A) ZONING ORDINANCES.—For the pur12 poses of the segments designated in subsection 

13 (b), the zoning ordinances adopted by the towns 

14 in Avon, Bloomfield, Burlington, East Granby, 

15 Farmington, Granby, Hartland, Simsbury, and 

16 Windsor in Connecticut, including provisions for 

17 conservation of floodplains, wetlands, and wa18 tercourses associated with the segments, shall 

19 be deemed to satisfy the standards and require20 ments of section 6(c) of the Wild and Scenic 

21 Rivers Act (16 U.S.C. 1277(c)). 

22 (B) ACQUISITION OF LAND.—The provi23 sions of section 6(c) of the Wild and Scenic 

24 Rivers Act (16 U.S.C. 1277(c)) that prohibit 

25 Federal acquisition of lands by condemnation 


kjohnson on DSK79L0C42 with BILLS
269 

•S 47 PCS

1 shall apply to the segments designated in sub2 section (b). The authority of the Secretary to 

3 acquire lands for the purposes of the segments 

4 designated in subsection (b) shall be limited to 

5 acquisition by donation or acquisition with the 

6 consent of the owner of the lands, and shall be 

7 subject to the additional criteria set forth in the 

8 management plan. 

9 (5) RAINBOW DAM.—The designation made by 

10 subsection (b) shall not be construed to— 

11 (A) prohibit, pre-empt, or abridge the po12 tential future licensing of the Rainbow Dam 

13 and Reservoir (including any and all aspects of 

14 its facilities, operations and transmission lines) 

15 by the Federal Energy Regulatory Commission 

16 as a federally licensed hydroelectric generation 

17 project under the Federal Power Act (16 

18 U.S.C. 791a et seq.), provided that the Com19 mission may, in the discretion of the Commis20 sion and consistent with this section, establish 

21 such reasonable terms and conditions in a hy22 dropower license for Rainbow Dam as are nec23 essary to reduce impacts identified by the Sec24 retary as invading or unreasonably diminishing 

25 the scenic, recreational, and fish and wildlife 


kjohnson on DSK79L0C42 with BILLS
270 

•S 47 PCS

1 values of the segments designated by subsection 

2 (b); or 

3 (B) affect the operation of, or impose any 

4 flow or release requirements on, the unlicensed 

5 hydroelectric facility at Rainbow Dam and Res6 ervoir. 

7 (6) RELATION TO NATIONAL PARK SYSTEM.— 

8 Notwithstanding section 10(c) of the Wild and Sce9 nic Rivers Act (16 U.S.C. 1281(c)), the Lower 

10 Farmington River shall not be administered as part 

11 of the National Park System or be subject to regula12 tions which govern the National Park System. 

13 (d) FARMINGTON RIVER, CONNECTICUT, DESIGNA14 TION REVISION.—Section 3(a)(156) of the Wild and Sce15 nic Rivers Act (16 U.S.C. 1274(a)(156)) is amended in 

16 the first sentence— 

17 (1) by striking ‘‘14-mile’’ and inserting ‘‘15.1- 

18 mile’’; and 

19 (2) by striking ‘‘to the downstream end of the 

20 New Hartford-Canton, Connecticut town line’’ and 

21 inserting ‘‘to the confluence with the Nepaug River’’. 

22 SEC. 1302. WOOD-PAWCATUCK WATERSHED WILD AND SCE23 NIC RIVER SEGMENTS. 

24 (a) DESIGNATION.—Section 3(a) of the Wild and 

25 Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by 


kjohnson on DSK79L0C42 with BILLS
271 

•S 47 PCS

1 section 1301(b)) is amended by adding at the end the fol2 lowing: 

3 ‘‘(226) WOOD-PAWCATUCK WATERSHED, RHODE

4 ISLAND AND CONNECTICUT.—The following river 

5 segments within the Wood-Pawcatuck watershed, to 

6 be administered by the Secretary of the Interior, in 

7 cooperation with the Wood-Pawcatuck Wild and Sce8 nic Rivers Stewardship Council: 

9 ‘‘(A) The approximately 11-mile segment 

10 of the Beaver River from its headwaters in Exe11 ter and West Greenwich, Rhode Island, to its 

12 confluence with the Pawcatuck River in Rich13 mond, Rhode Island, as a scenic river. 

14 ‘‘(B) The approximately 3-mile segment of 

15 the Chipuxet River from the Kingstown Road 

16 Bridge, South Kingstown, Rhode Island, to its 

17 outlet in Worden Pond, as a wild river. 

18 ‘‘(C) The approximately 9-mile segment of 

19 the Green Fall River from its headwaters in 

20 Voluntown, Connecticut, to its confluence with 

21 the Ashaway River in Hopkinton, Rhode Island, 

22 as a scenic river. 

23 ‘‘(D) The approximately 3-mile segment of 

24 the Ashaway River from its confluence with the 

25 Green Fall River to its confluence with the 


kjohnson on DSK79L0C42 with BILLS
272 

•S 47 PCS

1 Pawcatuck River in Hopkinton, Rhode Island, 

2 as a recreational river. 

3 ‘‘(E) The approximately 3-mile segment of 

4 the Pawcatuck River from the Worden Pond 

5 outlet in South Kingstown, Rhode Island, to the 

6 South County Trail Bridge, Charlestown and 

7 South Kingstown, Rhode Island, as a wild river. 

8 ‘‘(F) The approximately 4-mile segment of 

9 the Pawcatuck River from South County Trail 

10 Bridge, Charlestown and South Kingstown, 

11 Rhode Island, to the Carolina Back Road 

12 Bridge in Richmond and Charlestown, Rhode 

13 Island, as a recreational river. 

14 ‘‘(G) The approximately 21-mile segment 

15 of the Pawcatuck River from Carolina Back 

16 Road Bridge in Richmond and Charlestown, 

17 Rhode Island, to the confluence with Shunock 

18 River in Stonington, Connecticut, as a scenic 

19 river. 

20 ‘‘(H) The approximately 8-mile segment of 

21 the Pawcatuck River from the confluence with 

22 Shunock River in Stonington, Connecticut, to 

23 the mouth of the river between Pawcatuck 

24 Point in Stonington, Connecticut, and Rhodes 


kjohnson on DSK79L0C42 with BILLS
273 

•S 47 PCS

1 Point in Westerly, Rhode Island, as a rec2 reational river. 

3 ‘‘(I) The approximately 11-mile segment of 

4 the Queen River from its headwaters in Exeter 

5 and West Greenwich, Rhode Island, to the 

6 Kingstown Road Bridge in South Kingstown, 

7 Rhode Island, as a scenic river. 

8 ‘‘(J) The approximately 5-mile segment of 

9 the Usquepaugh River from the Kingstown 

10 Road Bridge to its confluence with the 

11 Pawcatuck River in South Kingstown, Rhode 

12 Island, as a wild river. 

13 ‘‘(K) The approximately 8-mile segment of 

14 the Shunock River from its headwaters in 

15 North Stonington, Connecticut, to its con16 fluence with the Pawcatuck River as a rec17 reational river. 

18 ‘‘(L) The approximately 13-mile segment 

19 of the Wood River from its headwaters in Ster20 ling and Voluntown, Connecticut, and Exeter 

21 and West Greenwich, Rhode Island, to the Ar22 cadia Road Bridge in Hopkinton and Rich23 mond, Rhode Island, as a wild river. 

24 ‘‘(M) The approximately 11-mile segment 

25 of the Wood River from the Arcadia Road 


kjohnson on DSK79L0C42 with BILLS
274 

•S 47 PCS

1 Bridge in Hopkinton and Richmond, Rhode Is2 land, to the confluence with the Pawcatuck 

3 River in Charlestown, Hopkinton, and Rich4 mond, Rhode Island, as a recreational river.’’. 

5 (b) MANAGEMENT OF RIVER SEGMENTS.— 

6 (1) DEFINITIONS.—In this subsection: 

7 (A) COVERED TRIBUTARY.—The term 

8 ‘‘covered tributary’’ means— 

9 (i) each of Assekonk Brook, 

10 Breakheart Brook, Brushy Brook, 

11 Canochet Brook, Chickasheen Brook, 

12 Cedar Swamp Brook, Fisherville Brook, 

13 Glade Brook, Glen Rock Brook, Kelly 

14 Brook, Locke Brook, Meadow Brook, Pen15 dleton Brook, Parris Brook, Passquisett 

16 Brook, Phillips Brook, Poquiant Brook, 

17 Queens Fort Brook, Roaring Brook, Sher18 man Brook, Taney Brook, Tomaquag 

19 Brook, White Brook, and Wyassup Brook 

20 within the Wood-Pawcatuck watershed; 

21 and 

22 (ii) any other perennial stream within 

23 the Wood-Pawcatuck watershed. 

24 (B) RIVER SEGMENT.—The term ‘‘river 

25 segment’’ means a river segment designated by 


kjohnson on DSK79L0C42 with BILLS
275 

•S 47 PCS

1 paragraph (226) of section 3(a) of the Wild and 

2 Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

3 added by subsection (a)). 

4 (C) STEWARDSHIP PLAN.—The term 

5 ‘‘Stewardship Plan’’ means the plan entitled the 

6 ‘‘Wood-Pawcatuck Wild and Scenic Rivers 

7 Stewardship Plan for the Beaver, Chipuxet, 

8 Green Fall-Ashaway, Pawcatuck, Queen9 Usquepaugh, Shunock, and Wood Rivers’’ and 

10 dated June 2018, which takes a watershed ap11 proach to the management of the river seg12 ments. 

13 (2) WOOD-PAWCATUCK WILD AND SCENIC RIV14 ERS STEWARDSHIP PLAN.— 

15 (A) IN GENERAL.—The Secretary, in co16 operation with the Wood-Pawcatuck Wild and 

17 Scenic Rivers Stewardship Council, shall man18 age the river segments in accordance with— 

19 (i) the Stewardship Plan; and 

20 (ii) any amendment to the Steward21 ship Plan that the Secretary determines is 

22 consistent with this subsection. 

23 (B) WATERSHED APPROACH.—In further24 ance of the watershed approach to resource 

25 preservation and enhancement described in the 


kjohnson on DSK79L0C42 with BILLS
276 

•S 47 PCS

1 Stewardship Plan, the covered tributaries are 

2 recognized as integral to the protection and en3 hancement of the river segments. 

4 (C) REQUIREMENTS FOR COMPREHENSIVE

5 MANAGEMENT PLAN.—The Stewardship Plan 

6 shall be considered to satisfy each requirement 

7 for a comprehensive management plan required 

8 under section 3(d) of the Wild and Scenic Riv9 ers Act (16 U.S.C. 1274(d)). 

10 (3) COOPERATIVE AGREEMENTS.—To provide 

11 for the long-term protection, preservation, and en12 hancement of each river segment, in accordance with 

13 sections 10(e) and 11(b)(1) of the Wild and Scenic 

14 Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the 

15 Secretary may enter into cooperative agreements 

16 (which may include provisions for financial or other 

17 assistance from the Federal Government) with— 

18 (A) the States of Connecticut and Rhode 

19 Island; 

20 (B) political subdivisions of the States of 

21 Connecticut and Rhode Island, including— 

22 (i) the towns of North Stonington, 

23 Sterling, Stonington, and Voluntown, Con24 necticut; and 


kjohnson on DSK79L0C42 with BILLS
277 

•S 47 PCS

1 (ii) the towns of Charlestown, Exeter, 

2 Hopkinton, North Kingstown, Richmond, 

3 South Kingstown, Westerly, and West 

4 Kingstown, Rhode Island; 

5 (C) the Wood-Pawcatuck Wild and Scenic 

6 Rivers Stewardship Council; and 

7 (D) any appropriate nonprofit organiza8 tion, as determined by the Secretary. 

9 (4) RELATION TO NATIONAL PARK SYSTEM.— 

10 Notwithstanding section 10(c) of the Wild and Sce11 nic Rivers Act (16 U.S.C. 1281(c)), each river seg12 ment shall not be— 

13 (A) administered as a unit of the National 

14 Park System; or 

15 (B) subject to the laws (including regula16 tions) that govern the administration of the Na17 tional Park System. 

18 (5) LAND MANAGEMENT.— 

19 (A) ZONING ORDINANCES.—The zoning or20 dinances adopted by the towns of North 

21 Stonington, Sterling, Stonington, and 

22 Voluntown, Connecticut, and Charlestown, Exe23 ter, Hopkinton, North Kingstown, Richmond, 

24 South Kingstown, Westerly, and West Green25 wich, Rhode Island (including any provision of 


kjohnson on DSK79L0C42 with BILLS
278 

•S 47 PCS

1 the zoning ordinances relating to the conserva2 tion of floodplains, wetlands, and watercourses 

3 associated with any river segment), shall be 

4 considered to satisfy the standards and require5 ments described in section 6(c) of the Wild and 

6 Scenic Rivers Act (16 U.S.C. 1277(c)). 

7 (B) VILLAGES.—For purposes of section 

8 6(c) of the Wild and Scenic Rivers Act (16 

9 U.S.C. 1277(c)), each town described in sub10 paragraph (A) shall be considered to be a vil11 lage. 

12 (C) ACQUISITION OF LAND.— 

13 (i) LIMITATION OF AUTHORITY OF

14 SECRETARY.—With respect to each river 

15 segment, the Secretary may only acquire 

16 parcels of land— 

17 (I) by donation; or 

18 (II) with the consent of the 

19 owner of the parcel of land. 

20 (ii) PROHIBITION RELATING TO THE

21 ACQUISITION OF LAND BY CONDEMNA22 TION.—In accordance with 6(c) of the 

23 Wild and Scenic Rivers Act (16 U.S.C. 

24 1277(c)), with respect to each river segVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
279 

•S 47 PCS

1 ment, the Secretary may not acquire any 

2 parcel of land by condemnation. 

3 SEC. 1303. NASHUA WILD AND SCENIC RIVERS, MASSACHU4 SETTS AND NEW HAMPSHIRE. 

5 (a) DESIGNATION OF WILD AND SCENIC RIVER SEG6 MENTS.—Section 3(a) of the Wild and Scenic Rivers Act 

7 (16 U.S.C. 1274(a)) (as amended by section 1302(a)) is 

8 amended by adding at the end the following: 

9 ‘‘(227) NASHUA, SQUANNACOOK, AND

10 NISSITISSIT WILD AND SCENIC RIVERS, MASSACHU11 SETTS AND NEW HAMPSHIRE.— 

12 ‘‘(A) The following segments in the Com13 monwealth of Massachusetts and State of New 

14 Hampshire, to be administered by the Secretary 

15 of the Interior as a scenic river: 

16 ‘‘(i) The approximately 27-mile seg17 ment of the mainstem of the Nashua River 

18 from the confluence of the North and 

19 South Nashua Rivers in Lancaster, Massa20 chusetts, and extending north to the Mas21 sachusetts-New Hampshire border, except 

22 as provided in subparagraph (B). 

23 ‘‘(ii) The approximately 16.3-mile seg24 ment of the Squannacook River from its 

25 headwaters in Ash Swamp, Townsend, 


kjohnson on DSK79L0C42 with BILLS
280 

•S 47 PCS

1 Massachusetts, extending downstream to 

2 the confluence of the river with the Nash3 ua River in Shirley/Ayer, Massachusetts, 

4 except as provided in subparagraph (B). 

5 ‘‘(iii) The approximately 9.5-mile seg6 ment of the Nissitissit River from its head7 waters in Brookline, New Hampshire, to 

8 the confluence of the river with the Nash9 ua River in Pepperell, Massachusetts. 

10 ‘‘(B) EXCLUSION AREAS.—The designation 

11 of the river segments in subparagraph (A) shall 

12 exclude— 

13 ‘‘(i) with respect to the Ice House hy14 droelectric project (FERC P–12769), from 

15 700 feet upstream from the crest of the 

16 dam to 500 feet downstream from the 

17 crest of the dam; 

18 ‘‘(ii) with respect to the Pepperell hy19 droelectric project (FERC P12721), from 

20 9,240 feet upstream from the crest of the 

21 dam to 1,000 feet downstream from the 

22 crest of the dam; and 

23 ‘‘(iii) with respect to the Hollings24 worth and Vose dam (non-FERC), from 

25 1,200 feet upstream from the crest of the 


kjohnson on DSK79L0C42 with BILLS
281 

•S 47 PCS

1 dam to 2,665 feet downstream from the 

2 crest of the dam.’’. 

3 (b) MANAGEMENT.— 

4 (1) PROCESS.— 

5 (A) IN GENERAL.—The river segments 

6 designated by paragraph (227) of section 3(a) 

7 of the Wild and Scenic Rivers Act (16 U.S.C. 

8 1274(a)) (as added by subsection (a)) shall be 

9 managed in accordance with— 

10 (i) the Nashua, Squannacook, and 

11 Nissitissit Rivers Stewardship Plan devel12 oped pursuant to the study described in 

13 section 5(b)(21) of the Wild and Scenic 

14 Rivers Act (16 U.S.C. 1276(b)(21)) (re15 ferred to in this subsection as the ‘‘man16 agement plan’’), dated February 15, 2018; 

17 and 

18 (ii) such amendments to the manage19 ment plan as the Secretary determines are 

20 consistent with this section and as are ap21 proved by the Nashua, Squannacook, and 

22 Nissitissit Rivers Stewardship Council (re23 ferred to in this subsection as the ‘‘Stew24 ardship Council’’). 


kjohnson on DSK79L0C42 with BILLS
282 

•S 47 PCS

1 (B) COMPREHENSIVE MANAGEMENT

2 PLAN.—The management plan shall be consid3 ered to satisfy the requirements for a com4 prehensive management plan under section 3(d) 

5 of the Wild and Scenic Rivers Act (16 U.S.C. 

6 1274(d)). 

7 (2) COMMITTEE.—The Secretary shall coordi8 nate the management responsibilities of the Sec9 retary under this section with the Stewardship 

10 Council, as specified in the management plan. 

11 (3) COOPERATIVE AGREEMENTS.— 

12 (A) IN GENERAL.—In order to provide for 

13 the long-term protection, preservation, and en14 hancement of the river segments designated by 

15 paragraph (227) of section 3(a) of the Wild and 

16 Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

17 added by subsection (a)), the Secretary may 

18 enter into cooperative agreements pursuant to 

19 sections 10(e) and 11(b)(1) of that Act (16 

20 U.S.C. 1281(e), 1282(b)(1)) with— 

21 (i) the Commonwealth of Massachu22 setts and the State of New Hampshire; 

23 (ii) the municipalities of— 

24 (I) Ayer, Bolton, Dunstable, 

25 Groton, Harvard, Lancaster, PepperVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
283 

•S 47 PCS

1 ell, Shirley, and Townsend in Massa2 chusetts; and 

3 (II) Brookline and Hollis in New 

4 Hampshire; and 

5 (iii) appropriate local, regional, State, 

6 or multistate, planning, environmental, or 

7 recreational organizations. 

8 (B) CONSISTENCY.—Each cooperative 

9 agreement entered into under this paragraph 

10 shall be consistent with the management plan 

11 and may include provisions for financial or 

12 other assistance from the United States. 

13 (4) EFFECT ON WORKING DAMS.— 

14 (A) IN GENERAL.—The designation of the 

15 river segments by paragraph (227) of section 

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

17 U.S.C. 1274(a)) (as added by subsection (a)), 

18 does not— 

19 (i) impact or alter the existing terms 

20 of permitting, licensing, or operation of— 

21 (I) the Pepperell hydroelectric 

22 project (FERC Project P–12721, 

23 Nashua River, Pepperell, MA); 


kjohnson on DSK79L0C42 with BILLS
284 

•S 47 PCS

1 (II) the Ice House hydroelectric 

2 project (FERC Project P–12769, 

3 Nashua River, Ayer, MA); or 

4 (III) the Hollingsworth and Vose 

5 Dam (non-FERC industrial facility, 

6 Squannacook River, West Groton, 

7 MA) as further described in the man8 agement plan (Appendix A, ‘‘Working 

9 Dams’’); or 

10 (ii) preclude the Federal Energy Reg11 ulatory Commission from licensing, reli12 censing, or otherwise authorizing the oper13 ation or continued operation of the 

14 Pepperell and Ice House hydroelectric 

15 projects under the terms of licenses or ex16 emptions in effect on the date of enact17 ment of this Act; or 

18 (iii) limit actions taken to modernize, 

19 upgrade, or carry out other changes to 

20 such projects authorized pursuant to 

21 clause (i), subject to written determination 

22 by the Secretary that the changes are con23 sistent with the purposes of the designa24 tion. 

25 (5) LAND MANAGEMENT.— 


kjohnson on DSK79L0C42 with BILLS
285 

•S 47 PCS

1 (A) ZONING ORDINANCES.—For the pur2 pose of the segments designated by paragraph 

3 (227) of section 3(a) of the Wild and Scenic 

4 Rivers Act (16 U.S.C. 1274(a)) (as added by 

5 subsection (a)), the zoning ordinances adopted 

6 by the municipalities described in paragraph 

7 (3)(A)(ii), including provisions for conservation 

8 of floodplains, wetlands, and watercourses asso9 ciated with the segments, shall be deemed to 

10 satisfy the standards and requirements of sec11 tion 6(c) of the Wild and Scenic Rivers Act (16 

12 U.S.C. 1277(c)). 

13 (B) ACQUISITIONS OF LANDS.—The au14 thority of the Secretary to acquire land for the 

15 purposes of the segments designated by para16 graph (227) of section 3(a) of the Wild and 

17 Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

18 added by subsection (a)) shall be— 

19 (i) limited to acquisition by donation 

20 or acquisition with the consent of the 

21 owner of the land; and 

22 (ii) subject to the additional criteria 

23 set forth in the management plan. 

24 (C) NO CONDEMNATION.—No land or in25 terest in land within the boundary of the river 


kjohnson on DSK79L0C42 with BILLS
286 

•S 47 PCS

1 segments designated by paragraph (227) of sec2 tion 3(a) of the Wild and Scenic Rivers Act (16 

3 U.S.C. 1274(a)) (as added by subsection (a)) 

4 may be acquired by condemnation. 

5 (6) RELATION TO THE NATIONAL PARK SYS6 TEM.—Notwithstanding section 10(c) of the Wild 

7 and Scenic Rivers Act(16 U.S.C. 1281(c)), each seg8 ment of the Nashua, Squannacook, and Nissitissit 

9 Rivers designated as a component of the Wild and 

10 Scenic Rivers System under this section shall not— 

11 (A) be administered as a unit of the Na12 tional Park System; or 

13 (B) be subject to regulations that govern 

14 the National Park System. 

15 Subtitle E—California Desert 

16 Protection and Recreation 

17 SEC. 1401. DEFINITIONS. 

18 In this subtitle: 

19 (1) CONSERVATION AREA.—The term ‘‘Con20 servation Area’’ means the California Desert Con21 servation Area. 

22 (2) SECRETARY.—The term ‘‘Secretary’’ 

23 means— 


kjohnson on DSK79L0C42 with BILLS
287 

•S 47 PCS

1 (A) the Secretary, with respect to land ad2 ministered by the Department of the Interior; 

3 or 

4 (B) the Secretary of Agriculture, with re5 spect to National Forest System land. 

6 (3) STATE.—The term ‘‘State’’ means the State 

7 of California. 

8 PART I—DESIGNATION OF WILDERNESS IN THE 

9 CALIFORNIA DESERT CONSERVATION AREA 

10 SEC. 1411. CALIFORNIA DESERT CONSERVATION AND 

11 RECREATION. 

12 (a) DESIGNATION OF WILDERNESS AREAS TO BE

13 ADMINISTERED BY THE BUREAU OF LAND MANAGE14 MENT.—Section 102 of the California Desert Protection 

15 Act of 1994 (16 U.S.C. 1132 note; Public Law 103–433; 

16 108 Stat. 4472) is amended by adding at the end the fol17 lowing: 

18 ‘‘(70) AVAWATZ MOUNTAINS WILDERNESS.— 

19 Certain land in the California Desert Conservation 

20 Area administered by the Director of the Bureau of 

21 Land Management, comprising approximately 

22 89,500 acres, as generally depicted on the map enti23 tled ‘Proposed Avawatz Mountains Wilderness’ and 

24 dated November 7, 2018, to be known as the 

25 ‘Avawatz Mountains Wilderness’. 


kjohnson on DSK79L0C42 with BILLS
288 

•S 47 PCS

1 ‘‘(71) GREAT FALLS BASIN WILDERNESS.—Cer2 tain land in the California Desert Conservation Area 

3 administered by the Director of the Bureau of Land 

4 Management, comprising approximately 7,810 acres, 

5 as generally depicted on the map entitled ‘Proposed 

6 Great Falls Basin Wilderness’ and dated November 

7 7, 2018, to be known as the ‘Great Falls Basin Wil8 derness’. 

9 ‘‘(72) SODA MOUNTAINS WILDERNESS.—Cer10 tain land in the California Desert Conservation 

11 Area, administered by the Bureau of Land Manage12 ment, comprising approximately 80,090 acres, as 

13 generally depicted on the map entitled ‘Proposed 

14 Soda Mountains Wilderness’ and dated November 7, 

15 2018, to be known as the ‘Soda Mountains Wilder16 ness’. 

17 ‘‘(73) MILPITAS WASH WILDERNESS.—Certain 

18 land in the California Desert Conservation Area, ad19 ministered by the Bureau of Land Management, 

20 comprising approximately 17,250 acres, depicted as 

21 ‘Proposed Milpitas Wash Wilderness’ on the map en22 titled ‘Proposed Vinagre Wash Special Management 

23 Area and Proposed Wilderness’ and dated December 

24 4, 2018, to be known as the ‘Milpitas Wash Wilder25 ness’. 


kjohnson on DSK79L0C42 with BILLS
289 

•S 47 PCS

1 ‘‘(74) BUZZARDS PEAK WILDERNESS.—Certain 

2 land in the California Desert Conservation Area, ad3 ministered by the Bureau of Land Management, 

4 comprising approximately 11,840 acres, depicted as 

5 ‘Proposed Buzzards Peak Wilderness’ on the map 

6 entitled ‘Proposed Vinagre Wash Special Manage7 ment Area and Proposed Wilderness’ and dated De8 cember 4, 2018, to be known as the ‘Buzzards Peak 

9 Wilderness’.’’. 

10 (b) ADDITIONS TO EXISTING WILDERNESS AREAS

11 ADMINISTERED BY THE BUREAU OF LAND MANAGE12 MENT.—In furtherance of the purposes of the Wilderness 

13 Act (16 U.S.C. 1131 et seq.), the following land in the 

14 State is designated as wilderness and as components of 

15 the National Wilderness Preservation System: 

16 (1) GOLDEN VALLEY WILDERNESS.—Certain 

17 land in the Conservation Area administered by the 

18 Director of the Bureau of Land Management, com19 prising approximately 1,250 acres, as generally de20 picted on the map entitled ‘‘Proposed Golden Valley 

21 Wilderness Addition’’ and dated November 7, 2018, 

22 which shall be added to and administered as part of 

23 the ‘‘Golden Valley Wilderness’’. 

24 (2) KINGSTON RANGE WILDERNESS.—Certain 

25 land in the Conservation Area administered by the 


kjohnson on DSK79L0C42 with BILLS
290 

•S 47 PCS

1 Director of the Bureau of Land Management, com2 prising approximately 52,410 acres, as generally de3 picted on the map entitled ‘‘Proposed Kingston 

4 Range Wilderness Additions’’ and dated November 

5 7, 2018, which shall be added to and administered 

6 as part of the ‘‘Kingston Range Wilderness’’. 

7 (3) PALO VERDE MOUNTAINS WILDERNESS.— 

8 Certain land in the Conservation Area administered 

9 by the Director of the Bureau of Land Management, 

10 comprising approximately 9,350 acres, depicted as 

11 ‘‘Proposed Palo Verde Mountains Wilderness Addi12 tions’’ on the map entitled ‘‘Proposed Vinagre Wash 

13 Special Management Area and Proposed Wilder14 ness’’ and dated December 4, 2018, which shall be 

15 added to and administered as part of the ‘‘Palo 

16 Verde Mountains Wilderness’’. 

17 (4) INDIAN PASS MOUNTAINS WILDERNESS.— 

18 Certain land in the Conservation Area administered 

19 by the Director of the Bureau of Land Management, 

20 comprising approximately 10,860 acres, depicted as 

21 ‘‘Proposed Indian Pass Wilderness Additions’’ on 

22 the map entitled ‘‘Proposed Vinagre Wash Special 

23 Management Area and Proposed Wilderness’’ and 

24 dated December 4, 2018, which shall be added to 


kjohnson on DSK79L0C42 with BILLS
291 

•S 47 PCS

1 and administered as part of the ‘‘Indian Pass Moun2 tains Wilderness’’. 

3 (c) DESIGNATION OF WILDERNESS AREAS TO BE

4 ADMINISTERED BY THE NATIONAL PARK SERVICE.—In 

5 furtherance of the purposes of the Wilderness Act (16 

6 U.S.C. 1131 et seq.) the following land in Death Valley 

7 National Park is designated as wilderness and as a compo8 nent of the National Wilderness Preservation System, 

9 which shall be added to, and administered as part of the 

10 Death Valley National Park Wilderness established by sec11 tion 601(a)(1) of the California Desert Protection Act of 

12 1994 (16 U.S.C. 1132 note; Public Law 103–433; 108 

13 Stat. 4496): 

14 (1) DEATH VALLEY NATIONAL PARK WILDER15 NESS ADDITIONS-NORTH EUREKA VALLEY.—Ap16 proximately 11,496 acres, as generally depicted on 

17 the map entitled ‘‘Death Valley National Park Pro18 posed Wilderness Area-North Eureka Valley’’, num19 bered 143/100,082D, and dated November 1, 2018. 

20 (2) DEATH VALLEY NATIONAL PARK WILDER21 NESS ADDITIONS-IBEX.—Approximately 23,650 

22 acres, as generally depicted on the map entitled 

23 ‘‘Death Valley National Park Proposed Wilderness 

24 Area-Ibex’’, numbered 143/100,081D, and dated No25 vember 1, 2018. 


kjohnson on DSK79L0C42 with BILLS
292 

•S 47 PCS

1 (3) DEATH VALLEY NATIONAL PARK WILDER2 NESS ADDITIONS-PANAMINT VALLEY.—Approxi3 mately 4,807 acres, as generally depicted on the 

4 map entitled ‘‘Death Valley National Park Proposed 

5 Wilderness Area-Panamint Valley’’, numbered 143/ 

6 100,083D, and dated November 1, 2018. 

7 (4) DEATH VALLEY NATIONAL PARK WILDER8 NESS ADDITIONS-WARM SPRINGS.—Approximately 

9 10,485 acres, as generally depicted on the map enti10 tled ‘‘Death Valley National Park Proposed Wilder11 ness Area-Warm Spring Canyon/Galena Canyon’’, 

12 numbered 143/100,084D, and dated November 1, 

13 2018. 

14 (5) DEATH VALLEY NATIONAL PARK WILDER15 NESS ADDITIONS-AXE HEAD.—Approximately 8,638 

16 acres, as generally depicted on the map entitled 

17 ‘‘Death Valley National Park Proposed Wilderness 

18 Area-Axe Head’’, numbered 143/100,085D, and 

19 dated November 1, 2018. 

20 (6) DEATH VALLEY NATIONAL PARK WILDER21 NESS ADDITIONS-BOWLING ALLEY.—Approximately 

22 28,923 acres, as generally depicted on the map enti23 tled ‘‘Death Valley National Park Proposed Wilder24 ness Area-Bowling Alley’’, numbered 143/128,606A, 

25 and dated November 1, 2018. 


kjohnson on DSK79L0C42 with BILLS
293 

•S 47 PCS

1 (d) ADDITIONS TO EXISTING WILDERNESS AREA AD2 MINISTERED BY THE FOREST SERVICE.— 

3 (1) IN GENERAL.—In furtherance of the pur4 poses of the Wilderness Act (16 U.S.C. 1131 et 

5 seq.), the land described in paragraph (2)— 

6 (A) is designated as wilderness and as a 

7 component of the National Wilderness Preser8 vation System; and 

9 (B) shall be added to and administered as 

10 part of the San Gorgonio Wilderness estab11 lished by the Wilderness Act (16 U.S.C. 1131 

12 et seq.). 

13 (2) DESCRIPTION OF LAND.—The land referred 

14 to in paragraph (1) is certain land in the San 

15 Bernardino National Forest, comprising approxi16 mately 7,141 acres, as generally depicted on the 

17 map entitled ‘‘San Gorgonio Wilderness Additions— 

18 Proposed’’ and dated November 7, 2018. 

19 (3) FIRE MANAGEMENT AND RELATED ACTIVI20 TIES.— 

21 (A) IN GENERAL.—The Secretary may 

22 carry out such activities in the wilderness area 

23 designated by paragraph (1) as are necessary 

24 for the control of fire, insects, and disease, in 

25 accordance with section 4(d)(1) of the WilderVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
294 

•S 47 PCS

1 ness Act (16 U.S.C. 1133(d)(1)) and House 

2 Report 98–40 of the 98th Congress. 

3 (B) FUNDING PRIORITIES.—Nothing in 

4 this subsection limits the provision of any fund5 ing for fire or fuel management in the wilder6 ness area designated by paragraph (1). 

7 (C) REVISION AND DEVELOPMENT OF

8 LOCAL FIRE MANAGEMENT PLANS.—As soon as 

9 practicable after the date of enactment of this 

10 Act, the Secretary shall amend the local fire 

11 management plans that apply to the wilderness 

12 area designated by paragraph (1). 

13 (D) ADMINISTRATION.—In accordance 

14 with subparagraph (A) and other applicable 

15 Federal law, to ensure a timely and efficient re16 sponse to fire emergencies in the wilderness 

17 area designated by paragraph (1), the Secretary 

18 shall— 

19 (i) not later than 1 year after the date 

20 of enactment of this Act, establish agency 

21 approval procedures (including appropriate 

22 delegations of authority to the Forest Su23 pervisor, District Manager, or other agency 

24 officials) for responding to fire emergencies 


kjohnson on DSK79L0C42 with BILLS
295 

•S 47 PCS

1 in the wilderness area designated by para2 graph (1); and 

3 (ii) enter into agreements with appro4 priate State or local firefighting agencies 

5 relating to the wilderness area. 

6 (e) EFFECT ON UTILITY FACILITIES AND RIGHTS7 OF-WAY.—Nothing in this section or an amendment made 

8 by this section affects or precludes the renewal or reau9 thorization of any valid existing right-of-way or customary 

10 operation, maintenance, repair, upgrading, or replacement 

11 activities in a right-of-way acquired by or issued, granted, 

12 or permitted to the Southern California Edison Company 

13 or successors or assigns of the Southern California Edison 

14 Company. 

15 (f) RELEASE OF WILDERNESS STUDY AREAS.— 

16 (1) FINDING.—Congress finds that, for pur17 poses of section 603 of the Federal Land Policy and 

18 Management Act of 1976 (43 U.S.C. 1782), any 

19 portion of a wilderness study area described in para20 graph (2) that is not designated as a wilderness area 

21 or a wilderness addition by this subtitle (including 

22 an amendment made by this subtitle) or any other 

23 Act enacted before the date of enactment of this Act 

24 has been adequately studied for wilderness designa25 tion. 


kjohnson on DSK79L0C42 with BILLS
296 

•S 47 PCS

1 (2) DESCRIPTION OF STUDY AREAS.—The 

2 study areas referred to in subsection (a) are— 

3 (A) the Cady Mountains Wilderness Study 

4 Area; 

5 (B) the Soda Mountains Wilderness Study 

6 Area; 

7 (C) the Kingston Range Wilderness Study 

8 Area; 

9 (D) the Avawatz Mountain Wilderness 

10 Study Area; 

11 (E) the Death Valley 17 Wilderness Study 

12 Area; and 

13 (F) the Great Falls Basin Wilderness 

14 Study Area. 

15 (3) RELEASE.—The following are no longer 

16 subject to section 603(c) of the Federal Land Policy 

17 and Management Act of 1976 (43 U.S.C. 1782(c)): 

18 (A) Any portion of a wilderness study area 

19 described in paragraph (2) that is not des20 ignated as a wilderness area or a wilderness ad21 dition by this subtitle (including an amendment 

22 made by this subtitle) or any other Act enacted 

23 before the date of enactment of this Act. 

24 (B) Any portion of a wilderness study area 

25 described in paragraph (2) that is not transVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
297 

•S 47 PCS

1 ferred to the administrative jurisdiction of the 

2 National Park Service for inclusion in a unit of 

3 the National Park System by this subtitle (in4 cluding an amendment made by this subtitle) or 

5 any other Act enacted before the date of enact6 ment of this Act. 

7 PART II—DESIGNATION OF SPECIAL 

8 MANAGEMENT AREA 

9 SEC. 1421. VINAGRE WASH SPECIAL MANAGEMENT AREA. 

10 Title I of the California Desert Protection Act of 

11 1994 (16 U.S.C. 1132 note; Public Law 103–433; 108 

12 Stat. 4472) is amended by adding at the end the following: 

13 ‘‘SEC. 109. VINAGRE WASH SPECIAL MANAGEMENT AREA. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) MANAGEMENT AREA.—The term ‘Manage16 ment Area’ means the Vinagre Wash Special Man17 agement Area established by subsection (b). 

18 ‘‘(2) MAP.—The term ‘map’ means the map en19 titled ‘Proposed Vinagre Wash Special Management 

20 Area and Proposed Wilderness’ and dated December 

21 4, 2018. 

22 ‘‘(3) PUBLIC LAND.—The term ‘public land’ 

23 has the meaning given the term ‘public lands’ in sec24 tion 103 of the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1702). 


kjohnson on DSK79L0C42 with BILLS
298 

•S 47 PCS

1 ‘‘(4) STATE.—The term ‘State’ means the State 

2 of California. 

3 ‘‘(b) ESTABLISHMENT.—There is established the 

4 Vinagre Wash Special Management Area in the State, to 

5 be managed by the Secretary. 

6 ‘‘(c) PURPOSE.—The purpose of the Management 

7 Area is to conserve, protect, and enhance— 

8 ‘‘(1) the plant and wildlife values of the Man9 agement Area; and 

10 ‘‘(2) the outstanding and nationally significant 

11 ecological, geological, scenic, recreational, archae12 ological, cultural, historic, and other resources of the 

13 Management Area. 

14 ‘‘(d) BOUNDARIES.—The Management Area shall 

15 consist of the public land in Imperial County, California, 

16 comprising approximately 81,880 acres, as generally de17 picted on the map as ‘Proposed Special Management 

18 Area’. 

19 ‘‘(e) MAP; LEGAL DESCRIPTION.— 

20 ‘‘(1) IN GENERAL.—As soon as practicable, but 

21 not later than 3 years, after the date of enactment 

22 of this section, the Secretary shall submit a map and 

23 legal description of the Management Area to— 

24 ‘‘(A) the Committee on Natural Resources 

25 of the House of Representatives; and 


kjohnson on DSK79L0C42 with BILLS
299 

•S 47 PCS

1 ‘‘(B) the Committee on Energy and Nat2 ural Resources of the Senate. 

3 ‘‘(2) EFFECT.—The map and legal description 

4 submitted under paragraph (1) shall have the same 

5 force and effect as if included in this section, except 

6 that the Secretary may correct any errors in the 

7 map and legal description. 

8 ‘‘(3) AVAILABILITY.—Copies of the map sub9 mitted under paragraph (1) shall be on file and 

10 available for public inspection in the appropriate of11 fices of the Bureau of Land Management. 

12 ‘‘(f) MANAGEMENT.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall man14 age the Management Area— 

15 ‘‘(A) in a manner that conserves, protects, 

16 and enhances the purposes for which the Man17 agement Area is established; and 

18 ‘‘(B) in accordance with— 

19 ‘‘(i) this section; 

20 ‘‘(ii) the Federal Land Policy and 

21 Management Act of 1976 (43 U.S.C. 1701 

22 et seq.); and 

23 ‘‘(iii) other applicable laws. 

24 ‘‘(2) USES.—The Secretary shall allow only 

25 those uses that are consistent with the purposes of 


kjohnson on DSK79L0C42 with BILLS
300 

•S 47 PCS

1 the Management Area, including hiking, camping, 

2 hunting, and sightseeing and the use of motorized 

3 vehicles, mountain bikes, and horses on designated 

4 routes in the Management Area in a manner that— 

5 ‘‘(A) is consistent with the purpose of the 

6 Management Area described in subsection (c); 

7 ‘‘(B) ensures public health and safety; and 

8 ‘‘(C) is consistent with all applicable laws 

9 (including regulations), including the Desert 

10 Renewable Energy Conservation Plan. 

11 ‘‘(3) OFF-HIGHWAY VEHICLE USE.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graphs (B) and (C) and all other applicable 

14 laws, the use of off-highway vehicles shall be 

15 permitted on routes in the Management Area as 

16 generally depicted on the map. 

17 ‘‘(B) CLOSURE.—The Secretary may close 

18 or permanently reroute a portion of a route de19 scribed in subparagraph (A)— 

20 ‘‘(i) to prevent, or allow for restora21 tion of, resource damage; 

22 ‘‘(ii) to protect Tribal cultural re23 sources, including the resources identified 

24 in the Tribal cultural resources manage25 ment plan developed under section 705(d); 


kjohnson on DSK79L0C42 with BILLS
301 

•S 47 PCS

1 ‘‘(iii) to address public safety con2 cerns; or 

3 ‘‘(iv) as otherwise required by law. 

4 ‘‘(C) DESIGNATION OF ADDITIONAL

5 ROUTES.—During the 3-year period beginning 

6 on the date of enactment of this section, the 

7 Secretary— 

8 ‘‘(i) shall accept petitions from the 

9 public regarding additional routes for off10 highway vehicles; and 

11 ‘‘(ii) may designate additional routes 

12 that the Secretary determines— 

13 ‘‘(I) would provide significant or 

14 unique recreational opportunities; and 

15 ‘‘(II) are consistent with the pur16 poses of the Management Area. 

17 ‘‘(4) WITHDRAWAL.—Subject to valid existing 

18 rights, all Federal land within the Management Area 

19 is withdrawn from— 

20 ‘‘(A) all forms of entry, appropriation, or 

21 disposal under the public land laws; 

22 ‘‘(B) location, entry, and patent under the 

23 mining laws; and 

24 ‘‘(C) right-of-way, leasing, or disposition 

25 under all laws relating to— 


kjohnson on DSK79L0C42 with BILLS
302 

•S 47 PCS

1 ‘‘(i) minerals and mineral materials; 

2 or 

3 ‘‘(ii) solar, wind, and geothermal en4 ergy. 

5 ‘‘(5) NO BUFFER ZONE.—The establishment of 

6 the Management Area shall not— 

7 ‘‘(A) create a protective perimeter or buff8 er zone around the Management Area; or 

9 ‘‘(B) preclude uses or activities outside the 

10 Management Area that are permitted under 

11 other applicable laws, even if the uses or activi12 ties are prohibited within the Management 

13 Area. 

14 ‘‘(6) NOTICE OF AVAILABLE ROUTES.—The 

15 Secretary shall ensure that visitors to the Manage16 ment Area have access to adequate notice relating to 

17 the availability of designated routes in the Manage18 ment Area through— 

19 ‘‘(A) the placement of appropriate signage 

20 along the designated routes; 

21 ‘‘(B) the distribution of maps, safety edu22 cation materials, and other information that the 

23 Secretary determines to be appropriate; and 


kjohnson on DSK79L0C42 with BILLS
303 

•S 47 PCS

1 ‘‘(C) restoration of areas that are not des2 ignated as open routes, including vertical 

3 mulching. 

4 ‘‘(7) STEWARDSHIP.—The Secretary, in con5 sultation with Indian Tribes and other interests, 

6 shall develop a program to provide opportunities for 

7 monitoring and stewardship of the Management 

8 Area to minimize environmental impacts and prevent 

9 resource damage from recreational use, including 

10 volunteer assistance with— 

11 ‘‘(A) route signage; 

12 ‘‘(B) restoration of closed routes; 

13 ‘‘(C) protection of Management Area re14 sources; and 

15 ‘‘(D) recreation education. 

16 ‘‘(8) PROTECTION OF TRIBAL CULTURAL RE17 SOURCES.—Not later than 2 years after the date of 

18 enactment of this section, the Secretary, in accord19 ance with chapter 2003 of title 54, United States 

20 Code, and any other applicable law, shall— 

21 ‘‘(A) prepare and complete a Tribal cul22 tural resources survey of the Management Area; 

23 and 

24 ‘‘(B) consult with the Quechan Indian Na25 tion and other Indian Tribes demonstrating anVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
304 

•S 47 PCS

1 cestral, cultural, or other ties to the resources 

2 within the Management Area on the develop3 ment and implementation of the Tribal cultural 

4 resources survey under subparagraph (A). 

5 ‘‘(9) MILITARY USE.—The Secretary may au6 thorize use of the non-wilderness portion of the 

7 Management Area by the Secretary of the Navy for 

8 Naval Special Warfare Tactical Training, including 

9 long-range small unit training and navigation, vehi10 cle concealment, and vehicle sustainment training, 

11 consistent with this section and other applicable 

12 laws.’’. 

13 PART III—NATIONAL PARK SYSTEM ADDITIONS 

14 SEC. 1431. DEATH VALLEY NATIONAL PARK BOUNDARY RE15 VISION. 

16 (a) IN GENERAL.—The boundary of Death Valley 

17 National Park is adjusted to include— 

18 (1) the approximately 28,923 acres of Bureau 

19 of Land Management land in San Bernardino Coun20 ty, California, abutting the southern end of the 

21 Death Valley National Park that lies between Death 

22 Valley National Park to the north and Ft. Irwin 

23 Military Reservation to the south and which runs 

24 approximately 34 miles from west to east, as de25 picted on the map entitled ‘‘Death Valley National 


kjohnson on DSK79L0C42 with BILLS
305 

•S 47 PCS

1 Park Proposed Boundary Addition-Bowling Alley’’, 

2 numbered 143/128,605A, and dated November 1, 

3 2018; and 

4 (2) the approximately 6,369 acres of Bureau of 

5 Land Management land in Inyo County, California, 

6 located in the northeast area of Death Valley Na7 tional Park that is within, and surrounded by, land 

8 under the jurisdiction of the Director of the Na9 tional Park Service, as depicted on the map entitled 

10 ‘‘Death Valley National Park Proposed Boundary 

11 Addition-Crater’’, numbered 143/100,079D, and 

12 dated November 1, 2018. 

13 (b) AVAILABILITY OF MAP.—The maps described in 

14 paragraphs (1) and (2) of subsection (a) shall be on file 

15 and available for public inspection in the appropriate of16 fices of the National Park Service. 

17 (c) ADMINISTRATION.—The Secretary— 

18 (1) shall administer any land added to Death 

19 Valley National Park under subsection (a)— 

20 (A) as part of Death Valley National Park; 

21 and 

22 (B) in accordance with applicable laws (in23 cluding regulations); and 

24 (2) may enter into a memorandum of under25 standing with Inyo County, California, to permit 


kjohnson on DSK79L0C42 with BILLS
306 

•S 47 PCS

1 operationally feasible, ongoing access to and use (in2 cluding material storage and excavation) of existing 

3 gravel pits along Saline Valley Road within Death 

4 Valley National Park for road maintenance and re5 pairs in accordance with applicable laws (including 

6 regulations). 

7 (d) MORMON PEAK MICROWAVE FACILITY.—Title VI 

8 of the California Desert Protection Act of 1994 (16 U.S.C. 

9 1132 note; Public Law 103–433; 108 Stat. 4496) is 

10 amended by adding at the end the following: 

11 ‘‘SEC. 604. MORMON PEAK MICROWAVE FACILITY. 

12 ‘‘The designation of the Death Valley National Park 

13 Wilderness by section 601(a)(1) shall not preclude the op14 eration and maintenance of the Mormon Peak Microwave 

15 Facility.’’. 

16 SEC. 1432. MOJAVE NATIONAL PRESERVE. 

17 The boundary of the Mojave National Preserve is ad18 justed to include the 25 acres of Bureau of Land Manage19 ment land in Baker, California, as depicted on the map 

20 entitled ‘‘Mojave National Preserve Proposed Boundary 

21 Addition’’, numbered 170/100,199A, and dated November 

22 1, 2018. 

23 SEC. 1433. JOSHUA TREE NATIONAL PARK. 

24 (a) BOUNDARY ADJUSTMENT.—The boundary of the 

25 Joshua Tree National Park is adjusted to include— 


kjohnson on DSK79L0C42 with BILLS
307 

•S 47 PCS

1 (1) the approximately 2,879 acres of land man2 aged by the Bureau of Land Management that are 

3 depicted as ‘‘BLM Proposed Boundary Addition’’ on 

4 the map entitled ‘‘Joshua Tree National Park Pro5 posed Boundary Additions’’, numbered 156/149,375, 

6 and dated November 1, 2018; and 

7 (2) the approximately 1,639 acres of land that 

8 are depicted as ‘‘MDLT Proposed Boundary Addi9 tion’’ on the map entitled ‘‘Joshua Tree National 

10 Park Proposed Boundary Additions’’, numbered 

11 156/149,375, and dated November 1, 2018. 

12 (b) AVAILABILITY OF MAPS.—The map described in 

13 subsection (a) and the map depicting the 25 acres de14 scribed in subsection (c)(2) shall be on file and available 

15 for public inspection in the appropriate offices of the Na16 tional Park Service. 

17 (c) ADMINISTRATION.— 

18 (1) IN GENERAL.—The Secretary shall admin19 ister any land added to the Joshua Tree National 

20 Park under subsection (a) and the additional land 

21 described in paragraph (2)— 

22 (A) as part of Joshua Tree National Park; 

23 and 

24 (B) in accordance with applicable laws (in25 cluding regulations). 


kjohnson on DSK79L0C42 with BILLS
308 

•S 47 PCS

1 (2) DESCRIPTION OF ADDITIONAL LAND.—The 

2 additional land referred to in paragraph (1) is the 

3 25 acres of land— 

4 (A) depicted on the map entitled ‘‘Joshua 

5 Tree National Park Boundary Adjustment 

6 Map’’, numbered 156/80,049, and dated April 

7 1, 2003; 

8 (B) added to Joshua Tree National Park 

9 by the notice of the Department of the Interior 

10 of August 28, 2003 (68 Fed. Reg. 51799); and 

11 (C) more particularly described as lots 26, 

12 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 8 

13 E., San Bernardino Meridian. 

14 (d) SOUTHERN CALIFORNIA EDISON COMPANY EN15 ERGY TRANSPORT FACILITIES AND RIGHTS-OF-WAY.— 

16 (1) IN GENERAL.—Nothing in this section af17 fects any valid right-of-way for the customary oper18 ation, maintenance, upgrade, repair, relocation with19 in an existing right-of-way, replacement, or other au20 thorized energy transport facility activities in a 

21 right-of-way issued, granted, or permitted to the 

22 Southern California Edison Company or the succes23 sors or assigns of the Southern California Edison 

24 Company that is located on land described in para25 graphs (1) and (2) of subsection (a), including, at 


kjohnson on DSK79L0C42 with BILLS
309 

•S 47 PCS

1 a minimum, the use of mechanized vehicles, heli2 copters, or other aerial devices. 

3 (2) UPGRADES AND REPLACEMENTS.—Nothing 

4 in this section prohibits the upgrading or replace5 ment of— 

6 (A) Southern California Edison Company 

7 energy transport facilities, including the energy 

8 transport facilities referred to as the Jellystone, 

9 Burnt Mountain, Whitehorn, Allegra, and Utah 

10 distribution circuits rights-of-way; or 

11 (B) an energy transport facility in rights12 of-way issued, granted, or permitted by the Sec13 retary adjacent to Southern California Edison 

14 Joshua Tree Utility Facilities. 

15 (3) PUBLICATION OF PLANS.—Not later than 

16 the date that is 1 year after the date of enactment 

17 of this Act or the issuance of a new energy transport 

18 facility right-of-way within the Joshua Tree National 

19 Park, whichever is earlier, the Secretary, in con20 sultation with the Southern California Edison Com21 pany, shall publish plans for regular and emergency 

22 access by the Southern California Edison Company 

23 to the rights-of-way of the Southern California Edi24 son Company within Joshua Tree National Park. 


kjohnson on DSK79L0C42 with BILLS
310 

•S 47 PCS

1 (e) VISITOR CENTER.—Title IV of the California 

2 Desert Protection Act of 1994 (16 U.S.C. 410aaa–21 et 

3 seq.) is amended by adding at the end the following: 

4 ‘‘SEC. 408. VISITOR CENTER. 

5 ‘‘(a) IN GENERAL.—The Secretary may acquire not 

6 more than 5 acres of land and interests in land, and im7 provements on the land and interests, outside the bound8 aries of the park, in the unincorporated village of Joshua 

9 Tree, for the purpose of operating a visitor center. 

10 ‘‘(b) BOUNDARY.—The Secretary shall modify the 

11 boundary of the park to include the land acquired under 

12 this section as a noncontiguous parcel. 

13 ‘‘(c) ADMINISTRATION.—Land and facilities acquired 

14 under this section— 

15 ‘‘(1) may include the property owned (as of the 

16 date of enactment of this section) by the Joshua 

17 Tree National Park Association and commonly re18 ferred to as the ‘Joshua Tree National Park Visitor 

19 Center’; 

20 ‘‘(2) shall be administered by the Secretary as 

21 part of the park; and 

22 ‘‘(3) may be acquired only with the consent of 

23 the owner, by donation, purchase with donated or 

24 appropriated funds, or exchange.’’. 


kjohnson on DSK79L0C42 with BILLS
311 

•S 47 PCS

1 PART IV—OFF-HIGHWAY VEHICLE RECREATION 

2 AREAS 

3 SEC. 1441. OFF-HIGHWAY VEHICLE RECREATION AREAS. 

4 Public Law 103–433 is amended by inserting after 

5 title XII (16 U.S.C. 410bbb et seq.) the following: 

6 ‘‘TITLE XIII—OFF-HIGHWAY 

7 VEHICLE RECREATION AREAS 

8 ‘‘SEC. 1301. DESIGNATION OF OFF-HIGHWAY VEHICLE 

9 RECREATION AREAS. 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) DESIGNATION.—In accordance with the 

12 Federal Land Policy and Management Act of 1976 

13 (43 U.S.C. 1701 et seq.) and resource management 

14 plans developed under this title and subject to valid 

15 rights, the following land within the Conservation 

16 Area in San Bernardino County, California, is des17 ignated as Off-Highway Vehicle Recreation Areas: 

18 ‘‘(A) DUMONT DUNES OFF-HIGHWAY VEHI19 CLE RECREATION AREA.—Certain Bureau of 

20 Land Management land in the Conservation 

21 Area, comprising approximately 7,620 acres, as 

22 generally depicted on the map entitled ‘Pro23 posed Dumont Dunes OHV Recreation Area’ 

24 and dated November 7, 2018, which shall be 

25 known as the ‘Dumont Dunes Off-Highway Ve26 hicle Recreation Area’. 


kjohnson on DSK79L0C42 with BILLS
312 

•S 47 PCS

1 ‘‘(B) EL MIRAGE OFF-HIGHWAY VEHICLE

2 RECREATION AREA.—Certain Bureau of Land 

3 Management land in the Conservation Area, 

4 comprising approximately 16,370 acres, as gen5 erally depicted on the map entitled ‘Proposed 

6 El Mirage OHV Recreation Area’ and dated 

7 December 10, 2018, which shall be known as 

8 the ‘El Mirage Off-Highway Vehicle Recreation 

9 Area’. 

10 ‘‘(C) RASOR OFF-HIGHWAY VEHICLE

11 RECREATION AREA.—Certain Bureau of Land 

12 Management land in the Conservation Area, 

13 comprising approximately 23,900 acres, as gen14 erally depicted on the map entitled ‘Proposed 

15 Rasor OHV Recreation Area’ and dated No16 vember 7, 2018, which shall be known as the 

17 ‘Rasor Off-Highway Vehicle Recreation Area’. 

18 ‘‘(D) SPANGLER HILLS OFF-HIGHWAY VE19 HICLE RECREATION AREA.—Certain Bureau of 

20 Land Management land in the Conservation 

21 Area, comprising approximately 92,340 acres, 

22 as generally depicted on the map entitled ‘Pro23 posed Spangler Hills OHV Recreation Area’ 

24 and dated December 10, 2018, which shall be 


kjohnson on DSK79L0C42 with BILLS
313 

•S 47 PCS

1 known as the ‘Spangler Hills Off-Highway Ve2 hicle Recreation Area’. 

3 ‘‘(E) STODDARD VALLEY OFF-HIGHWAY

4 VEHICLE RECREATION AREA.—Certain Bureau 

5 of Land Management land in the Conservation 

6 Area, comprising approximately 40,110 acres, 

7 as generally depicted on the map entitled ‘Pro8 posed Stoddard Valley OHV Recreation Area’ 

9 and dated November 7, 2018, which shall be 

10 known as the ‘Stoddard Valley Off-Highway Ve11 hicle Recreation Area’. 

12 ‘‘(2) EXPANSION OF JOHNSON VALLEY OFF13 HIGHWAY VEHICLE RECREATION AREA.—The John14 son Valley Off-Highway Vehicle Recreation Area 

15 designated by section 2945 of the Military Construc16 tion Authorization Act for Fiscal Year 2014 (divi17 sion B of Public Law 113–66; 127 Stat. 1038) is ex18 panded to include approximately 20,240 acres, de19 picted as ‘Proposed OHV Recreation Area Additions’ 

20 and ‘Proposed OHV Recreation Area Study Areas’ 

21 on the map entitled ‘Proposed Johnson Valley OHV 

22 Recreation Area’ and dated November 7, 2018. 

23 ‘‘(b) PURPOSE.—The purpose of the off-highway ve24 hicle recreation areas designated or expanded under sub25 section (a) is to preserve and enhance the recreational opVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
314 

•S 47 PCS

1 portunities within the Conservation Area (including oppor2 tunities for off-highway vehicle recreation), while con3 serving the wildlife and other natural resource values of 

4 the Conservation Area. 

5 ‘‘(c) MAPS AND DESCRIPTIONS.— 

6 ‘‘(1) PREPARATION AND SUBMISSION.—As soon 

7 as practicable after the date of enactment of this 

8 title, the Secretary shall file a map and legal de9 scription of each off-highway vehicle recreation area 

10 designated or expanded by subsection (a) with— 

11 ‘‘(A) the Committee on Natural Resources 

12 of the House of Representatives; and 

13 ‘‘(B) the Committee on Energy and Nat14 ural Resources of the Senate. 

15 ‘‘(2) LEGAL EFFECT.—The map and legal de16 scriptions of the off-highway vehicle recreation areas 

17 filed under paragraph (1) shall have the same force 

18 and effect as if included in this title, except that the 

19 Secretary may correct errors in the map and legal 

20 descriptions. 

21 ‘‘(3) PUBLIC AVAILABILITY.—Each map and 

22 legal description filed under paragraph (1) shall be 

23 filed and made available for public inspection in the 

24 appropriate offices of the Bureau of Land Manage25 ment. 


kjohnson on DSK79L0C42 with BILLS
315 

•S 47 PCS

1 ‘‘(d) USE OF THE LAND.— 

2 ‘‘(1) RECREATIONAL ACTIVITIES.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall 

4 continue to authorize, maintain, and enhance 

5 the recreational uses of the off-highway vehicle 

6 recreation areas designated or expanded by sub7 section (a), as long as the recreational use is 

8 consistent with this section and any other appli9 cable law. 

10 ‘‘(B) OFF-HIGHWAY VEHICLE AND OFF11 HIGHWAY RECREATION.—To the extent con12 sistent with applicable Federal law (including 

13 regulations) and this section, any authorized 

14 recreation activities and use designations in ef15 fect on the date of enactment of this title and 

16 applicable to the off-highway vehicle recreation 

17 areas designated or expanded by subsection (a) 

18 shall continue, including casual off-highway ve19 hicular use, racing, competitive events, rock 

20 crawling, training, and other forms of off-high21 way recreation. 

22 ‘‘(2) WILDLIFE GUZZLERS.—Wildlife guzzlers 

23 shall be allowed in the off-highway vehicle recreation 

24 areas designated or expanded by subsection (a) in 

25 accordance with— 


kjohnson on DSK79L0C42 with BILLS
316 

•S 47 PCS

1 ‘‘(A) applicable Bureau of Land Manage2 ment guidelines; and 

3 ‘‘(B) State law. 

4 ‘‘(3) PROHIBITED USES.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), commercial development (in7 cluding development of energy facilities, but ex8 cluding energy transport facilities, rights-of9 way, and related telecommunication facilities) 

10 shall be prohibited in the off-highway vehicle 

11 recreation areas designated or expanded by sub12 section (a) if the Secretary determines that the 

13 development is incompatible with the purpose 

14 described in subsection (b). 

15 ‘‘(B) EXCEPTION.—The Secretary may 

16 issue a temporary permit to a commercial ven17 dor to provide accessories and other support for 

18 off-highway vehicle use in an off-highway vehi19 cle recreation area designated or expanded by 

20 subsection (a) for a limited period and con21 sistent with the purposes of the off-highway ve22 hicle recreation area and applicable laws. 

23 ‘‘(e) ADMINISTRATION.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall admin25 ister the off-highway vehicle recreation areas desVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
317 

•S 47 PCS

1 ignated or expanded by subsection (a) in accordance 

2 with— 

3 ‘‘(A) this title; 

4 ‘‘(B) the Federal Land Policy and Man5 agement Act of 1976 (43 U.S.C. 1701 et seq.); 

6 and 

7 ‘‘(C) any other applicable laws (including 

8 regulations). 

9 ‘‘(2) MANAGEMENT PLAN.— 

10 ‘‘(A) IN GENERAL.—As soon as prac11 ticable, but not later than 3 years after the date 

12 of enactment of this title, the Secretary shall— 

13 ‘‘(i) amend existing resource manage14 ment plans applicable to the off-highway 

15 vehicle recreation areas designated or ex16 panded by subsection (a); or 

17 ‘‘(ii) develop new management plans 

18 for each off-highway vehicle recreation 

19 area designated or expanded under that 

20 subsection. 

21 ‘‘(B) REQUIREMENTS.—All new or amend22 ed plans under subparagraph (A) shall be de23 signed to preserve and enhance safe off-highway 

24 vehicle and other recreational opportunities 


kjohnson on DSK79L0C42 with BILLS
318 

•S 47 PCS

1 within the applicable recreation area consistent 

2 with— 

3 ‘‘(i) the purpose described in sub4 section (b); and 

5 ‘‘(ii) any applicable laws (including 

6 regulations). 

7 ‘‘(C) INTERIM PLANS.—Pending comple8 tion of a new management plan under subpara9 graph (A), the existing resource management 

10 plans shall govern the use of the applicable off11 highway vehicle recreation area. 

12 ‘‘(f) WITHDRAWAL.—Subject to valid existing rights, 

13 all Federal land within the off-highway vehicle recreation 

14 areas designated or expanded by subsection (a) is with15 drawn from— 

16 ‘‘(1) all forms of entry, appropriation, or dis17 posal under the public land laws; 

18 ‘‘(2) location, entry, and patent under the min19 ing laws; and 

20 ‘‘(3) right-of-way, leasing, or disposition under 

21 all laws relating to mineral leasing, geothermal leas22 ing, or mineral materials. 

23 ‘‘(g) SOUTHERN CALIFORNIA EDISON COMPANY

24 UTILITY FACILITIES AND RIGHTS-OF-WAY.— 


kjohnson on DSK79L0C42 with BILLS
319 

•S 47 PCS

1 ‘‘(1) EFFECT OF TITLE.—Nothing in this 

2 title— 

3 ‘‘(A) affects any validly issued right-of-way 

4 for the customary operation, maintenance, up5 grade, repair, relocation within an existing 

6 right-of-way, replacement, or other authorized 

7 energy transport facility activities (including the 

8 use of any mechanized vehicle, helicopter, and 

9 other aerial device) in a right-of-way acquired 

10 by or issued, granted, or permitted to Southern 

11 California Edison Company (including any suc12 cessor in interest or assign) that is located on 

13 land included in— 

14 ‘‘(i) the El Mirage Off-Highway Vehi15 cle Recreation Area; 

16 ‘‘(ii) the Spangler Hills Off-Highway 

17 Vehicle Recreation Area; 

18 ‘‘(iii) the Stoddard Valley Off-High19 way Vehicle Recreation Area; or 

20 ‘‘(iv) the Johnson Valley Off-Highway 

21 Vehicle Recreation Area; 

22 ‘‘(B) affects the application, siting, route 

23 selection, right-of-way acquisition, or construc24 tion of the Coolwater-Lugo transmission 

25 project, as may be approved by the California 


kjohnson on DSK79L0C42 with BILLS
320 

•S 47 PCS

1 Public Utilities Commission and the Bureau of 

2 Land Management; or 

3 ‘‘(C) prohibits the upgrading or replace4 ment of any Southern California Edison Com5 pany— 

6 ‘‘(i) utility facility, including such a 

7 utility facility known on the date of enact8 ment of this title as— 

9 ‘‘(I) ‘Gale-PS 512 transmission 

10 lines or rights-of-way’; 

11 ‘‘(II) ‘Patio, Jack Ranch, and 

12 Kenworth distribution circuits or 

13 rights-of-way’; or 

14 ‘‘(III) ‘Bessemer and Peacor dis15 tribution circuits or rights-of-way’; or 

16 ‘‘(ii) energy transport facility in a 

17 right-of-way issued, granted, or permitted 

18 by the Secretary adjacent to a utility facil19 ity referred to in clause (i). 

20 ‘‘(2) PLANS FOR ACCESS.—The Secretary, in 

21 consultation with the Southern California Edison 

22 Company, shall publish plans for regular and emer23 gency access by the Southern California Edison 

24 Company to the rights-of-way of the Company by 

25 the date that is 1 year after the later of— 


kjohnson on DSK79L0C42 with BILLS
321 

•S 47 PCS

1 ‘‘(A) the date of enactment of this title; 

2 and 

3 ‘‘(B) the date of issuance of a new energy 

4 transport facility right-of-way within— 

5 ‘‘(i) the El Mirage Off-Highway Vehi6 cle Recreation Area; 

7 ‘‘(ii) the Spangler Hills Off-Highway 

8 Vehicle Recreation Area; 

9 ‘‘(iii) the Stoddard Valley Off-High10 way Vehicle Recreation Area; or 

11 ‘‘(iv) the Johnson Valley Off-Highway 

12 Vehicle Recreation Area. 

13 ‘‘(h) PACIFIC GAS AND ELECTRIC COMPANY UTILITY

14 FACILITIES AND RIGHTS-OF-WAY.— 

15 ‘‘(1) EFFECT OF TITLE.—Nothing in this 

16 title— 

17 ‘‘(A) affects any validly issued right-of-way 

18 for the customary operation, maintenance, up19 grade, repair, relocation within an existing 

20 right-of-way, replacement, or other authorized 

21 activity (including the use of any mechanized 

22 vehicle, helicopter, and other aerial device) in a 

23 right-of-way acquired by or issued, granted, or 

24 permitted to Pacific Gas and Electric Company 

25 (including any successor in interest or assign) 


kjohnson on DSK79L0C42 with BILLS
322 

•S 47 PCS

1 that is located on land included in the Spangler 

2 Hills Off-Highway Vehicle Recreation Area; or 

3 ‘‘(B) prohibits the upgrading or replace4 ment of any— 

5 ‘‘(i) utility facilities of the Pacific Gas 

6 and Electric Company, including those 

7 utility facilities known on the date of en8 actment of this title as— 

9 ‘‘(I) ‘Gas Transmission Line 311 

10 or rights-of-way’; or 

11 ‘‘(II) ‘Gas Transmission Line 

12 372 or rights-of-way’; or 

13 ‘‘(ii) utility facilities of the Pacific 

14 Gas and Electric Company in rights-of-way 

15 issued, granted, or permitted by the Sec16 retary adjacent to a utility facility referred 

17 to in clause (i). 

18 ‘‘(2) PLANS FOR ACCESS.—Not later than 1 

19 year after the date of enactment of this title or the 

20 issuance of a new utility facility right-of-way within 

21 the Spangler Hills Off-Highway Vehicle Recreation 

22 Area, whichever is later, the Secretary, in consulta23 tion with the Pacific Gas and Electric Company, 

24 shall publish plans for regular and emergency access 

25 by the Pacific Gas and Electric Company to the 


kjohnson on DSK79L0C42 with BILLS
323 

•S 47 PCS

1 rights-of-way of the Pacific Gas and Electric Com2 pany. 

3 ‘‘TITLE XIV—ALABAMA HILLS 

4 NATIONAL SCENIC AREA 

5 ‘‘SEC. 1401. DEFINITIONS. 

6 ‘‘In this title: 

7 ‘‘(1) MANAGEMENT PLAN.—The term ‘manage8 ment plan’ means the management plan for the Sce9 nic Area developed under section 1403(a). 

10 ‘‘(2) MAP.—The term ‘Map’ means the map en11 titled ‘Proposed Alabama Hills National Scenic 

12 Area’ and dated November 7, 2018. 

13 ‘‘(3) MOTORIZED VEHICLE.—The term ‘motor14 ized vehicle’ means a motorized or mechanized vehi15 cle and includes, when used by a utility, mechanized 

16 equipment, a helicopter, and any other aerial device 

17 necessary to maintain electrical or communications 

18 infrastructure. 

19 ‘‘(4) SCENIC AREA.—The term ‘Scenic Area’ 

20 means the Alabama Hills National Scenic Area es21 tablished by section 1402(a). 

22 ‘‘(5) STATE.—The term ‘State’ means the State 

23 of California. 

24 ‘‘(6) TRIBE.—The term ‘Tribe’ means the Lone 

25 Pine Paiute-Shoshone Tribe. 


kjohnson on DSK79L0C42 with BILLS
324 

•S 47 PCS

1 ‘‘SEC. 1402. ALABAMA HILLS NATIONAL SCENIC AREA, CALI2 FORNIA. 

3 ‘‘(a) ESTABLISHMENT.—Subject to valid existing 

4 rights, there is established in Inyo County, California, the 

5 Alabama Hills National Scenic Area, to be comprised of 

6 the approximately 18,610 acres generally depicted on the 

7 Map as ‘National Scenic Area’. 

8 ‘‘(b) PURPOSE.—The purpose of the Scenic Area is 

9 to conserve, protect, and enhance for the benefit, use, and 

10 enjoyment of present and future generations the nationally 

11 significant scenic, cultural, geological, educational, biologi12 cal, historical, recreational, cinematographic, and sci13 entific resources of the Scenic Area managed consistent 

14 with section 302(a) of the Federal Land Policy and Man15 agement Act of 1976 (43 U.S.C. 1732(a)). 

16 ‘‘(c) MAP; LEGAL DESCRIPTIONS.— 

17 ‘‘(1) IN GENERAL.—As soon as practicable 

18 after the date of enactment of this title, the Sec19 retary shall file a map and a legal description of the 

20 Scenic Area with— 

21 ‘‘(A) the Committee on Energy and Nat22 ural Resources of the Senate; and 

23 ‘‘(B) the Committee on Natural Resources 

24 of the House of Representatives. 

25 ‘‘(2) FORCE OF LAW.—The map and legal de26 scriptions filed under paragraph (1) shall have the 


kjohnson on DSK79L0C42 with BILLS
325 

•S 47 PCS

1 same force and effect as if included in this title, ex2 cept that the Secretary may correct any clerical and 

3 typographical errors in the map and legal descrip4 tions. 

5 ‘‘(3) PUBLIC AVAILABILITY.—Each map and 

6 legal description filed under paragraph (1) shall be 

7 on file and available for public inspection in the ap8 propriate offices of the Forest Service and the Bu9 reau of Land Management. 

10 ‘‘(d) ADMINISTRATION.—The Secretary shall manage 

11 the Scenic Area— 

12 ‘‘(1) as a component of the National Landscape 

13 Conservation System; 

14 ‘‘(2) so as not to impact the future continuing 

15 operation and maintenance of any activities associ16 ated with valid, existing rights, including water 

17 rights; 

18 ‘‘(3) in a manner that conserves, protects, and 

19 enhances the resources and values of the Scenic 

20 Area described in subsection (b); and 

21 ‘‘(4) in accordance with— 

22 ‘‘(A) the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

24 ‘‘(B) this title; and 

25 ‘‘(C) any other applicable laws. 


kjohnson on DSK79L0C42 with BILLS
326 

•S 47 PCS

1 ‘‘(e) MANAGEMENT.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall allow 

3 only such uses of the Scenic Area as the Secretary 

4 determines would further the purposes of the Scenic 

5 Area as described in subsection (b). 

6 ‘‘(2) RECREATIONAL ACTIVITIES.—Except as 

7 otherwise provided in this title or other applicable 

8 law, or as the Secretary determines to be necessary 

9 for public health and safety, the Secretary shall 

10 allow existing recreational uses of the Scenic Area to 

11 continue, including hiking, mountain biking, rock 

12 climbing, sightseeing, horseback riding, hunting, 

13 fishing, and appropriate authorized motorized vehicle 

14 use in accordance with paragraph (3). 

15 ‘‘(3) MOTORIZED VEHICLES.—Except as other16 wise specified in this title, or as necessary for ad17 ministrative purposes or to respond to an emer18 gency, the use of motorized vehicles in the Scenic 

19 Area shall be permitted only on— 

20 ‘‘(A) roads and trails designated by the 

21 Secretary for use of motorized vehicles as part 

22 of a management plan sustaining a 

23 semiprimitive motorized experience; or 

24 ‘‘(B) county-maintained roads in accord25 ance with applicable State and county laws. 


kjohnson on DSK79L0C42 with BILLS
327 

•S 47 PCS

1 ‘‘(f) NO BUFFER ZONES.— 

2 ‘‘(1) IN GENERAL.—Nothing in this title creates 

3 a protective perimeter or buffer zone around the 

4 Scenic Area. 

5 ‘‘(2) ACTIVITIES OUTSIDE SCENIC AREA.—The 

6 fact that an activity or use on land outside the Sce7 nic Area can be seen or heard within the Scenic 

8 Area shall not preclude the activity or use outside 

9 the boundaries of the Scenic Area. 

10 ‘‘(g) ACCESS.—The Secretary shall provide private 

11 landowners adequate access to inholdings in the Scenic 

12 Area. 

13 ‘‘(h) FILMING.—Nothing in this title prohibits film14 ing (including commercial film production, student film15 ing, and still photography) within the Scenic Area— 

16 ‘‘(1) subject to— 

17 ‘‘(A) such reasonable regulations, policies, 

18 and practices as the Secretary considers to be 

19 necessary; and 

20 ‘‘(B) applicable law; and 

21 ‘‘(2) in a manner consistent with the purposes 

22 described in subsection (b). 

23 ‘‘(i) FISH AND WILDLIFE.—Nothing in this title af24 fects the jurisdiction or responsibilities of the State with 

25 respect to fish and wildlife. 


kjohnson on DSK79L0C42 with BILLS
328 

•S 47 PCS

1 ‘‘(j) LIVESTOCK.—The grazing of livestock in the 

2 Scenic Area, including grazing under the Alabama Hills 

3 allotment and the George Creek allotment, as established 

4 before the date of enactment of this title, shall be per5 mitted to continue— 

6 ‘‘(1) subject to— 

7 ‘‘(A) such reasonable regulations, policies, 

8 and practices as the Secretary considers to be 

9 necessary; and 

10 ‘‘(B) applicable law; and 

11 ‘‘(2) in a manner consistent with the purposes 

12 described in subsection (b). 

13 ‘‘(k) WITHDRAWAL.—Subject to the provisions of this 

14 title and valid rights in existence on the date of enactment 

15 of this title, including rights established by prior with16 drawals, the Federal land within the Scenic Area is with17 drawn from all forms of— 

18 ‘‘(1) entry, appropriation, or disposal under the 

19 public land laws; 

20 ‘‘(2) location, entry, and patent under the min21 ing laws; and 

22 ‘‘(3) disposition under all laws pertaining to 

23 mineral and geothermal leasing or mineral materials. 

24 ‘‘(l) WILDLAND FIRE OPERATIONS.—Nothing in this 

25 title prohibits the Secretary, in cooperation with other 


kjohnson on DSK79L0C42 with BILLS
329 

•S 47 PCS

1 Federal, State, and local agencies, as appropriate, from 

2 conducting wildland fire operations in the Scenic Area, 

3 consistent with the purposes described in subsection (b). 

4 ‘‘(m) COOPERATIVE AGREEMENTS.—The Secretary 

5 may enter into cooperative agreements with, State, Tribal, 

6 and local governmental entities and private entities to con7 duct research, interpretation, or public education or to 

8 carry out any other initiative relating to the restoration, 

9 conservation, or management of the Scenic Area. 

10 ‘‘(n) UTILITY FACILITIES AND RIGHTS-OF-WAY.— 

11 ‘‘(1) EFFECT OF TITLE.—Nothing in this 

12 title— 

13 ‘‘(A) affects the existence, use, operation, 

14 maintenance (including vegetation control), re15 pair, construction, reconfiguration, expansion, 

16 inspection, renewal, reconstruction, alteration, 

17 addition, relocation, improvement, funding, re18 moval, or replacement of any utility facility or 

19 appurtenant right-of-way within or adjacent to 

20 the Scenic Area; 

21 ‘‘(B) subject to subsection (e), affects nec22 essary or efficient access to utility facilities or 

23 rights-of-way within or adjacent to the Scenic 

24 Area; and 


kjohnson on DSK79L0C42 with BILLS
330 

•S 47 PCS

1 ‘‘(C) precludes the Secretary from author2 izing the establishment of new utility facility 

3 rights-of-way (including instream sites, routes, 

4 and areas) within the Scenic Area in a manner 

5 that minimizes harm to the purpose of the Sce6 nic Area as described in subsection (b)— 

7 ‘‘(i) in accordance with the National 

8 Environmental Policy Act of 1969 (42 

9 U.S.C. 4321 et seq.) and any other appli10 cable law; 

11 ‘‘(ii) subject to such terms and condi12 tions as the Secretary determines to be ap13 propriate; and 

14 ‘‘(iii) that are determined by the Sec15 retary to be the only technical or feasible 

16 location, following consideration of alter17 natives within existing rights-of-way or 

18 outside of the Scenic Area. 

19 ‘‘(2) MANAGEMENT PLAN.—Consistent with 

20 this title, the Management Plan shall establish provi21 sions for maintenance of public utility and other 

22 rights-of-way within the Scenic Area. 

23 ‘‘SEC. 1403. MANAGEMENT PLAN. 

24 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

25 date of enactment of this title, in accordance with subVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
331 

•S 47 PCS

1 sections (b) and (c), the Secretary shall develop a com2 prehensive plan for the long-term management of the Sce3 nic Area. 

4 ‘‘(b) CONSULTATION.—In developing the manage5 ment plan, the Secretary shall consult with— 

6 ‘‘(1) appropriate State, Tribal, and local gov7 ernmental entities, including Inyo County and the 

8 Tribe; 

9 ‘‘(2) utilities, including Southern California 

10 Edison Company and the Los Angeles Department 

11 of Water and Power; 

12 ‘‘(3) the Alabama Hills Stewardship Group; and 

13 ‘‘(4) members of the public. 

14 ‘‘(c) REQUIREMENT.—In accordance with this title, 

15 the management plan shall include provisions for mainte16 nance of existing public utility and other rights-of-way 

17 within the Scenic Area. 

18 ‘‘(d) INCORPORATION.—In developing the manage19 ment plan, in accordance with this section, the Secretary 

20 may allow casual use mining limited to the use of hand 

21 tools, metal detectors, hand-fed dry washers, vacuum 

22 cleaners, gold pans, small sluices, and similar items. 

23 ‘‘(e) INTERIM MANAGEMENT.—Pending completion 

24 of the management plan, the Secretary shall manage the 

25 Scenic Area in accordance with section 1402(b). 


kjohnson on DSK79L0C42 with BILLS
332 

•S 47 PCS

1 ‘‘SEC. 1404. LAND TAKEN INTO TRUST FOR LONE PINE PAI2 UTE-SHOSHONE RESERVATION. 

3 ‘‘(a) TRUST LAND.— 

4 ‘‘(1) IN GENERAL.—On completion of the sur5 vey described in subsection (b), all right, title, and 

6 interest of the United States in and to the approxi7 mately 132 acres of Federal land depicted on the 

8 Map as ‘Lone Pine Paiute-Shoshone Reservation Ad9 dition’ shall be held in trust for the benefit of the 

10 Tribe, subject to paragraphs (2) and (3). 

11 ‘‘(2) CONDITIONS.—The land described in para12 graph (1) shall be subject to all easements, cov13 enants, conditions, restrictions, withdrawals, and 

14 other matters of record in existence on the date of 

15 enactment of this title. 

16 ‘‘(3) EXCLUSION.—The Federal land over 

17 which the right-of-way for the Los Angeles Aqueduct 

18 is located, generally described as the 250-foot-wide 

19 right-of-way granted to the City of Los Angeles pur20 suant to the Act of June 30, 1906 (34 Stat. 801, 

21 chapter 3926), shall not be taken into trust for the 

22 Tribe. 

23 ‘‘(b) SURVEY.—Not later than 180 days after the 

24 date of enactment of this title, the Secretary shall com25 plete a survey of the boundary lines to establish the boundVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
333 

•S 47 PCS

1 aries of the land to be held in trust under subsection 

2 (a)(1). 

3 ‘‘(c) RESERVATION LAND.—The land held in trust 

4 pursuant to subsection (a)(1) shall be considered to be a 

5 part of the reservation of the Tribe. 

6 ‘‘(d) GAMING PROHIBITION.—Land held in trust 

7 under subsection (a)(1) shall not be eligible, or considered 

8 to have been taken into trust, for gaming (within the 

9 meaning of the Indian Gaming Regulatory Act (25 U.S.C. 

10 2701 et seq.)). 

11 ‘‘SEC. 1405. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

12 ‘‘Administrative jurisdiction over the approximately 

13 56 acres of Federal land depicted on the Map as ‘USFS 

14 Transfer to BLM’ is transferred from the Forest Service 

15 to the Bureau of Land Management. 

16 ‘‘SEC. 1406. PROTECTION OF SERVICES AND REC17 REATIONAL OPPORTUNITIES. 

18 ‘‘(a) EFFECT OF TITLE.—Nothing in this title limits 

19 commercial services for existing or historic recreation uses, 

20 as authorized by the permit process of the Bureau of Land 

21 Management. 

22 ‘‘(b) GUIDED RECREATIONAL OPPORTUNITIES.— 

23 Commercial permits to exercise guided recreational oppor24 tunities for the public that are authorized as of the date 

25 of enactment of this title may continue to be authorized.’’. 


kjohnson on DSK79L0C42 with BILLS
334 

•S 47 PCS

1 PART V—MISCELLANEOUS 

2 SEC. 1451. TRANSFER OF LAND TO ANZA-BORREGO DESERT 

3 STATE PARK. 

4 Title VII of the California Desert Protection Act is 

5 1994 (16 U.S.C. 410aaa–71 et seq.) is amended by adding 

6 at the end the following: 

7 ‘‘SEC. 712. TRANSFER OF LAND TO ANZA-BORREGO DESERT 

8 STATE PARK. 

9 ‘‘(a) IN GENERAL.—On termination of all mining 

10 claims to the land described in subsection (b), the Sec11 retary shall transfer the land described in that subsection 

12 to the State of California. 

13 ‘‘(b) DESCRIPTION OF LAND.—The land referred to 

14 in subsection (a) is certain Bureau of Land Management 

15 land in San Diego County, California, comprising approxi16 mately 934 acres, as generally depicted on the map enti17 tled ‘Proposed Table Mountain Wilderness Study Area 

18 Transfer to the State’ and dated November 7, 2018. 

19 ‘‘(c) MANAGEMENT.— 

20 ‘‘(1) IN GENERAL.—The land transferred under 

21 subsection (a) shall be managed in accordance with 

22 the provisions of the California Wilderness Act (Cali23 fornia Public Resources Code sections 5093.30– 

24 5093.40). 


kjohnson on DSK79L0C42 with BILLS
335 

•S 47 PCS

1 ‘‘(2) WITHDRAWAL.—Subject to valid existing 

2 rights, the land transferred under subsection (a) is 

3 withdrawn from— 

4 ‘‘(A) all forms of entry, appropriation, or 

5 disposal under the public land laws; 

6 ‘‘(B) location, entry, and patent under the 

7 mining laws; and 

8 ‘‘(C) disposition under all laws relating to 

9 mineral and geothermal leasing. 

10 ‘‘(3) REVERSION.—If the State ceases to man11 age the land transferred under subsection (a) as 

12 part of the State Park System or in a manner incon13 sistent with the California Wilderness Act (Cali14 fornia Public Resources Code sections 5093.30– 

15 5093.40), the land shall revert to the Secretary at 

16 the discretion of the Secretary, to be managed as a 

17 Wilderness Study Area.’’. 

18 SEC. 1452. WILDLIFE CORRIDORS. 

19 Title VII of the California Desert Protection Act is 

20 1994 (16 U.S.C. 410aaa–71 et seq.) (as amended by sec21 tion 1451) is amended by adding at the end the following: 

22 ‘‘SEC. 713. WILDLIFE CORRIDORS. 

23 ‘‘(a) IN GENERAL.—The Secretary shall— 


kjohnson on DSK79L0C42 with BILLS
336 

•S 47 PCS

1 ‘‘(1) assess the impacts of habitat fragmenta2 tion on wildlife in the California Desert Conservation 

3 Area; and 

4 ‘‘(2) establish policies and procedures to ensure 

5 the preservation of wildlife corridors and facilitate 

6 species migration. 

7 ‘‘(b) STUDY.— 

8 ‘‘(1) IN GENERAL.—As soon as practicable, but 

9 not later than 2 years, after the date of enactment 

10 of this section, the Secretary shall complete a study 

11 regarding the impact of habitat fragmentation on 

12 wildlife in the California Desert Conservation Area. 

13 ‘‘(2) COMPONENTS.—The study under para14 graph (1) shall— 

15 ‘‘(A) identify the species migrating, or like16 ly to migrate in the California Desert Conserva17 tion Area; 

18 ‘‘(B) examine the impacts and potential 

19 impacts of habitat fragmentation on— 

20 ‘‘(i) plants, insects, and animals; 

21 ‘‘(ii) soil; 

22 ‘‘(iii) air quality; 

23 ‘‘(iv) water quality and quantity; and 

24 ‘‘(v) species migration and survival; 


kjohnson on DSK79L0C42 with BILLS
337 

•S 47 PCS

1 ‘‘(C) identify critical wildlife and species 

2 migration corridors recommended for preserva3 tion; and 

4 ‘‘(D) include recommendations for ensur5 ing the biological connectivity of public land 

6 managed by the Secretary and the Secretary of 

7 Defense throughout the California Desert Con8 servation Area. 

9 ‘‘(3) RIGHTS-OF-WAY.—The Secretary shall 

10 consider the information and recommendations of 

11 the study under paragraph (1) to determine the in12 dividual and cumulative impacts of rights-of-way for 

13 projects in the California Desert Conservation Area, 

14 in accordance with— 

15 ‘‘(A) the National Environmental Policy 

16 Act of 1969 (42 U.S.C. 4321 et seq.); 

17 ‘‘(B) the Endangered Species Act of 1973 

18 (16 U.S.C. 1531 et seq.); and 

19 ‘‘(C) any other applicable law. 

20 ‘‘(c) LAND MANAGEMENT PLANS.—The Secretary 

21 shall incorporate into all land management plans applica22 ble to the California Desert Conservation Area the find23 ings and recommendations of the study completed under 

24 subsection (b).’’. 


kjohnson on DSK79L0C42 with BILLS
338 

•S 47 PCS

1 SEC. 1453. PROHIBITED USES OF ACQUIRED, DONATED, 

2 AND CONSERVATION LAND. 

3 Title VII of the California Desert Protection Act is 

4 1994 (16 U.S.C. 410aaa–71 et seq.) (as amended by sec5 tion 1452) is amended by adding at the end the following: 

6 ‘‘SEC. 714. PROHIBITED USES OF ACQUIRED, DONATED, 

7 AND CONSERVATION LAND. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ACQUIRED LAND.—The term ‘acquired 

10 land’ means any land acquired within the Conserva11 tion Area using amounts from the land and water 

12 conservation fund established under section 200302 

13 of title 54, United States Code. 

14 ‘‘(2) CONSERVATION AREA.—The term ‘Con15 servation Area’ means the California Desert Con16 servation Area. 

17 ‘‘(3) CONSERVATION LAND.—The term ‘con18 servation land’ means any land within the Conserva19 tion Area that is designated to satisfy the conditions 

20 of a Federal habitat conservation plan, general con21 servation plan, or State natural communities con22 servation plan, including— 

23 ‘‘(A) national conservation land established 

24 pursuant to section 2002(b)(2)(D) of the Omni25 bus Public Land Management Act of 2009 (16 

26 U.S.C. 7202(b)(2)(D)); and 


kjohnson on DSK79L0C42 with BILLS
339 

•S 47 PCS

1 ‘‘(B) areas of critical environmental con2 cern established pursuant to section 202(c)(3) 

3 of the Federal Land Policy and Management 

4 Act of 1976 (43 U.S.C. 1712(c)(3)). 

5 ‘‘(4) DONATED LAND.—The term ‘donated 

6 land’ means any private land donated to the United 

7 States for conservation purposes in the Conservation 

8 Area. 

9 ‘‘(5) DONOR.—The term ‘donor’ means an indi10 vidual or entity that donates private land within the 

11 Conservation Area to the United States. 

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

13 the Secretary, acting through the Director of the 

14 Bureau of Land Management. 

15 ‘‘(7) STATE.—The term ‘State’ means the State 

16 of California. 

17 ‘‘(b) PROHIBITIONS.—Except as provided in sub18 section (c), the Secretary shall not authorize the use of 

19 acquired land, conservation land, or donated land within 

20 the Conservation Area for any activities contrary to the 

21 conservation purposes for which the land was acquired, 

22 designated, or donated, including— 

23 ‘‘(1) disposal; 

24 ‘‘(2) rights-of-way; 

25 ‘‘(3) leases; 


kjohnson on DSK79L0C42 with BILLS
340 

•S 47 PCS

1 ‘‘(4) livestock grazing; 

2 ‘‘(5) infrastructure development, except as pro3 vided in subsection (c); 

4 ‘‘(6) mineral entry; and 

5 ‘‘(7) off-highway vehicle use, except on— 

6 ‘‘(A) designated routes; 

7 ‘‘(B) off-highway vehicle areas designated 

8 by law; and 

9 ‘‘(C) administratively designated open 

10 areas. 

11 ‘‘(c) EXCEPTIONS.— 

12 ‘‘(1) AUTHORIZATION BY SECRETARY.—Subject 

13 to paragraph (2), the Secretary may authorize lim14 ited exceptions to prohibited uses of acquired land or 

15 donated land in the Conservation Area if— 

16 ‘‘(A) a right-of-way application for a re17 newable energy development project or associ18 ated energy transport facility on acquired land 

19 or donated land was submitted to the Bureau 

20 of Land Management on or before December 1, 

21 2009; or 

22 ‘‘(B) after the completion and consider23 ation of an analysis under the National Envi24 ronmental Policy Act of 1969 (42 U.S.C. 4321 


kjohnson on DSK79L0C42 with BILLS
341 

•S 47 PCS

1 et seq.), the Secretary has determined that pro2 posed use is in the public interest. 

3 ‘‘(2) CONDITIONS.— 

4 ‘‘(A) IN GENERAL.—If the Secretary 

5 grants an exception to the prohibition under 

6 paragraph (1), the Secretary shall require the 

7 permittee to donate private land of comparable 

8 value located within the Conservation Area to 

9 the United States to mitigate the use. 

10 ‘‘(B) APPROVAL.—The private land to be 

11 donated under subparagraph (A) shall be ap12 proved by the Secretary after— 

13 ‘‘(i) consultation, to the maximum ex14 tent practicable, with the donor of the pri15 vate land proposed for nonconservation 

16 uses; and 

17 ‘‘(ii) an opportunity for public com18 ment regarding the donation. 

19 ‘‘(d) EXISTING AGREEMENTS.—Nothing in this sec20 tion affects permitted or prohibited uses of donated land 

21 or acquired land in the Conservation Area established in 

22 any easements, deed restrictions, memoranda of under23 standing, or other agreements in existence on the date of 

24 enactment of this section. 


kjohnson on DSK79L0C42 with BILLS
342 

•S 47 PCS

1 ‘‘(e) DEED RESTRICTIONS.—Effective beginning on 

2 the date of enactment of this section, within the Conserva3 tion Area, the Secretary may— 

4 ‘‘(1) accept deed restrictions requested by land5 owners for land donated to, or otherwise acquired 

6 by, the United States; and 

7 ‘‘(2) consistent with existing rights, create deed 

8 restrictions, easements, or other third-party rights 

9 relating to any public land determined by the Sec10 retary to be necessary— 

11 ‘‘(A) to fulfill the mitigation requirements 

12 resulting from the development of renewable re13 sources; or 

14 ‘‘(B) to satisfy the conditions of— 

15 ‘‘(i) a habitat conservation plan or 

16 general conservation plan established pur17 suant to section 10 of the Endangered 

18 Species Act of 1973 (16 U.S.C. 1539); or 

19 ‘‘(ii) a natural communities conserva20 tion plan approved by the State.’’. 

21 SEC. 1454. TRIBAL USES AND INTERESTS. 

22 Section 705 of the California Desert Protection Act 

23 is 1994 (16 U.S.C. 410aaa–75) is amended— 

24 (1) by redesignating subsection (b) as sub25 section (c); 


kjohnson on DSK79L0C42 with BILLS
343 

•S 47 PCS

1 (2) by striking subsection (a) and inserting the 

2 following: 

3 ‘‘(a) ACCESS.—The Secretary shall ensure access to 

4 areas designated under this Act by members of Indian 

5 Tribes for traditional cultural and religious purposes, con6 sistent with applicable law, including Public Law 95–341 

7 (commonly known as the ‘American Indian Religious 

8 Freedom Act’) (42 U.S.C. 1996). 

9 ‘‘(b) TEMPORARY CLOSURE.— 

10 ‘‘(1) IN GENERAL.—In accordance with applica11 ble law, including Public Law 95–341 (commonly 

12 known as the ‘American Indian Religious Freedom 

13 Act’) (42 U.S.C. 1996), and subject to paragraph 

14 (2), the Secretary, on request of an Indian Tribe or 

15 Indian religious community, shall temporarily close 

16 to general public use any portion of an area des17 ignated as a national monument, special manage18 ment area, wild and scenic river, area of critical en19 vironmental concern, or National Park System unit 

20 under this Act (referred to in this subsection as a 

21 ‘designated area’) to protect the privacy of tradi22 tional cultural and religious activities in the des23 ignated area by members of the Indian Tribe or In24 dian religious community. 


kjohnson on DSK79L0C42 with BILLS
344 

•S 47 PCS

1 ‘‘(2) LIMITATION.—In closing a portion of a 

2 designated area under paragraph (1), the Secretary 

3 shall limit the closure to the smallest practicable 

4 area for the minimum period necessary for the tradi5 tional cultural and religious activities.’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(d) TRIBAL CULTURAL RESOURCES MANAGEMENT

8 PLAN.— 

9 ‘‘(1) IN GENERAL.—Not later than 2 years 

10 after the date of enactment of the Natural Re11 sources Management Act, the Secretary shall develop 

12 and implement a Tribal cultural resources manage13 ment plan to identify, protect, and conserve cultural 

14 resources of Indian Tribes associated with the Xam 

15 Kwatchan Trail network extending from Avikwaame 

16 (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, 

17 California). 

18 ‘‘(2) CONSULTATION.—The Secretary shall con19 sult on the development and implementation of the 

20 Tribal cultural resources management plan under 

21 paragraph (1) with— 

22 ‘‘(A) each of— 

23 ‘‘(i) the Chemehuevi Indian Tribe; 

24 ‘‘(ii) the Hualapai Tribal Nation; 

25 ‘‘(iii) the Fort Mojave Indian Tribe; 


kjohnson on DSK79L0C42 with BILLS
345 

•S 47 PCS

1 ‘‘(iv) the Colorado River Indian 

2 Tribes; 

3 ‘‘(v) the Quechan Indian Tribe; and 

4 ‘‘(vi) the Cocopah Indian Tribe; 

5 ‘‘(B) the Advisory Council on Historic 

6 Preservation; and 

7 ‘‘(C) the State Historic Preservation Of8 fices of Nevada, Arizona, and California. 

9 ‘‘(3) RESOURCE PROTECTION.—The Tribal cul10 tural resources management plan developed under 

11 paragraph (1) shall— 

12 ‘‘(A) be based on a completed Tribal cul13 tural resources survey; and 

14 ‘‘(B) include procedures for identifying, 

15 protecting, and preserving petroglyphs, ancient 

16 trails, intaglios, sleeping circles, artifacts, and 

17 other resources of cultural, archaeological, or 

18 historical significance in accordance with all ap19 plicable laws and policies, including— 

20 ‘‘(i) chapter 2003 of title 54, United 

21 States Code; 

22 ‘‘(ii) Public Law 95–341 (commonly 

23 known as the ‘American Indian Religious 

24 Freedom Act’) (42 U.S.C. 1996); 


kjohnson on DSK79L0C42 with BILLS
346 

•S 47 PCS

1 ‘‘(iii) the Archaeological Resources 

2 Protection Act of 1979 (16 U.S.C. 470aa 

3 et seq.); 

4 ‘‘(iv) the Native American Graves 

5 Protection and Repatriation Act (25 

6 U.S.C. 3001 et seq.); and 

7 ‘‘(v) Public Law 103–141 (commonly 

8 known as the ‘Religious Freedom Restora9 tion Act of 1993’) (42 U.S.C. 2000bb et 

10 seq.). 

11 ‘‘(e) WITHDRAWAL.—Subject to valid existing rights, 

12 all Federal land within the area administratively with13 drawn and known as the ‘Indian Pass Withdrawal Area’ 

14 is permanently withdrawn from— 

15 ‘‘(1) all forms of entry, appropriation, or dis16 posal under the public land laws; 

17 ‘‘(2) location, entry, and patent under the min18 ing laws; and 

19 ‘‘(3) right-of-way leasing and disposition under 

20 all laws relating to minerals or solar, wind, or geo21 thermal energy.’’. 

22 SEC. 1455. RELEASE OF FEDERAL REVERSIONARY LAND IN23 TERESTS. 

24 (a) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42 with BILLS
347 

•S 47 PCS

1 (1) 1932 ACT.—The term ‘‘1932 Act’’ means 

2 the Act of June 18, 1932 (47 Stat. 324, chapter 

3 270). 

4 (2) DISTRICT.—The term ‘‘District’’ means the 

5 Metropolitan Water District of Southern California. 

6 (b) RELEASE.—Subject to valid existing claims per7 fected prior to the effective date of the 1932 Act and the 

8 reservation of minerals set forth in the 1932 Act, the Sec9 retary shall release, convey, or otherwise quitclaim to the 

10 District, in a form recordable in local county records, and 

11 subject to the approval of the District, after consultation 

12 and without monetary consideration, all right, title, and 

13 remaining interest of the United States in and to the land 

14 that was conveyed to the District pursuant to the 1932 

15 Act or any other law authorizing conveyance subject to 

16 restrictions or reversionary interests retained by the 

17 United States, on request by the District. 

18 (c) TERMS AND CONDITIONS.—A conveyance author19 ized by subsection (b) shall be subject to the following 

20 terms and conditions: 

21 (1) The District shall cover, or reimburse the 

22 Secretary for, the costs incurred by the Secretary to 

23 make the conveyance, including title searches, sur24 veys, deed preparation, attorneys’ fees, and similar 

25 expenses. 


kjohnson on DSK79L0C42 with BILLS
348 

•S 47 PCS

1 (2) By accepting the conveyances, the District 

2 agrees to indemnify and hold harmless the United 

3 States with regard to any boundary dispute relating 

4 to any parcel conveyed under this section. 

5 SEC. 1456. CALIFORNIA STATE SCHOOL LAND. 

6 Section 707 of the California Desert Protection Act 

7 of 1994 (16 U.S.C. 410aaa–77) is amended— 

8 (1) in subsection (a)— 

9 (A) in the first sentence— 

10 (i) by striking ‘‘Upon request of the 

11 California State Lands Commission (here12 inafter in this section referred to as the 

13 ‘Commission’), the Secretary shall enter 

14 into negotiations for an agreement’’ and 

15 inserting the following: 

16 ‘‘(1) IN GENERAL.—The Secretary shall nego17 tiate in good faith to reach an agreement with the 

18 California State Lands Commission (referred to in 

19 this section as the ‘Commission’)’’; and 

20 (ii) by inserting ‘‘, national monu21 ments, off-highway vehicle recreation 

22 areas,’’ after ‘‘more of the wilderness 

23 areas’’; and 


kjohnson on DSK79L0C42 with BILLS
349 

•S 47 PCS

1 (B) in the second sentence, by striking 

2 ‘‘The Secretary shall negotiate in good faith to’’ 

3 and inserting the following: 

4 ‘‘(2) AGREEMENT.—To the maximum extent 

5 practicable, not later than 10 years after the date of 

6 enactment of this title, the Secretary shall’’; and 

7 (2) in subsection (b)(1), by inserting ‘‘, national 

8 monuments, off-highway vehicle recreation areas,’’ 

9 after ‘‘wilderness areas’’. 

10 SEC. 1457. DESIGNATION OF WILD AND SCENIC RIVERS. 

11 (a) AMARGOSA RIVER, CALIFORNIA.—Section 

12 3(a)(196)(A) of the Wild and Scenic Rivers Act (16 

13 U.S.C. 1274(a)(196)(A)) is amended to read as follows: 

14 ‘‘(A) The approximately 7.5-mile segment 

15 of the Amargosa River in the State of Cali16 fornia, the private property boundary in sec. 19, 

17 T. 22 N., R. 7 E., to 100 feet upstream of the 

18 Tecopa Hot Springs Road crossing, to be ad19 ministered by the Secretary of the Interior as a 

20 scenic river.’’. 

21 (b) ADDITIONAL SEGMENTS.—Section 3(a) of the 

22 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

23 amended by section 1303(a)) is amended by adding at the 

24 end the following: 


kjohnson on DSK79L0C42 with BILLS
350 

•S 47 PCS

1 ‘‘(228) SURPRISE CANYON CREEK, CALI2 FORNIA.— 

3 ‘‘(A) IN GENERAL.—The following seg4 ments of Surprise Canyon Creek in the State of 

5 California, to be administered by the Secretary 

6 of the Interior: 

7 ‘‘(i) The approximately 5.3 miles of 

8 Surprise Canyon Creek from the con9 fluence of Frenchman’s Canyon and Water 

10 Canyon to 100 feet upstream of Chris 

11 Wicht Camp, as a wild river. 

12 ‘‘(ii) The approximately 1.8 miles of 

13 Surprise Canyon Creek from 100 feet up14 stream of Chris Wicht Camp to the south15 ern boundary of sec. 14, T. 21 S., R. 44 

16 E., as a recreational river. 

17 ‘‘(B) EFFECT ON HISTORIC MINING STRUC18 TURES.—Nothing in this paragraph affects the 

19 historic mining structures associated with the 

20 former Panamint Mining District. 

21 ‘‘(229) DEEP CREEK, CALIFORNIA.— 

22 ‘‘(A) IN GENERAL.—The following seg23 ments of Deep Creek in the State of California, 

24 to be administered by the Secretary of Agri25 culture: 


kjohnson on DSK79L0C42 with BILLS
351 

•S 47 PCS

1 ‘‘(i) The approximately 6.5-mile seg2 ment from 0.125 mile downstream of the 

3 Rainbow Dam site in sec. 33, T. 2 N., R. 

4 2 W., San Bernardino Meridian, to 0.25 

5 miles upstream of the Road 3N34 crossing, 

6 as a wild river. 

7 ‘‘(ii) The 0.5-mile segment from 0.25 

8 mile upstream of the Road 3N34 crossing 

9 to 0.25 mile downstream of the Road 

10 3N34 crossing, as a scenic river. 

11 ‘‘(iii) The 2.5-mile segment from 0.25 

12 miles downstream of the Road 3 N. 34 

13 crossing to 0.25 miles upstream of the 

14 Trail 2W01 crossing, as a wild river. 

15 ‘‘(iv) The 0.5-mile segment from 0.25 

16 miles upstream of the Trail 2W01 crossing 

17 to 0.25 mile downstream of the Trail 

18 2W01 crossing, as a scenic river. 

19 ‘‘(v) The 10-mile segment from 0.25 

20 miles downstream of the Trail 2W01 cross21 ing to the upper limit of the Mojave dam 

22 flood zone in sec. 17, T. 3 N., R. 3 W., 

23 San Bernardino Meridian, as a wild river. 

24 ‘‘(vi) The 11-mile segment of Hol25 comb Creek from 100 yards downstream of 


kjohnson on DSK79L0C42 with BILLS
352 

•S 47 PCS

1 the Road 3N12 crossing to .25 miles down2 stream of Holcomb Crossing, as a rec3 reational river. 

4 ‘‘(vii) The 3.5-mile segment of the 

5 Holcomb Creek from 0.25 miles down6 stream of Holcomb Crossing to the Deep 

7 Creek confluence, as a wild river. 

8 ‘‘(B) EFFECT ON SKI OPERATIONS.—Noth9 ing in this paragraph affects— 

10 ‘‘(i) the operations of the Snow Valley 

11 Ski Resort; or 

12 ‘‘(ii) the State regulation of water 

13 rights and water quality associated with 

14 the operation of the Snow Valley Ski Re15 sort. 

16 ‘‘(230) WHITEWATER RIVER, CALIFORNIA.— 

17 The following segments of the Whitewater River in 

18 the State of California, to be administered by the 

19 Secretary of Agriculture and the Secretary of the In20 terior, acting jointly: 

21 ‘‘(A) The 5.8-mile segment of the North 

22 Fork Whitewater River from the source of the 

23 River near Mt. San Gorgonio to the confluence 

24 with the Middle Fork, as a wild river. 


kjohnson on DSK79L0C42 with BILLS
353 

•S 47 PCS

1 ‘‘(B) The 6.4-mile segment of the Middle 

2 Fork Whitewater River from the source of the 

3 River to the confluence with the South Fork, as 

4 a wild river. 

5 ‘‘(C) The 1-mile segment of the South 

6 Fork Whitewater River from the confluence of 

7 the River with the East Fork to the section line 

8 between sections 32 and 33, T. 1 S., R. 2 E., 

9 San Bernardino Meridian, as a wild river. 

10 ‘‘(D) The 1-mile segment of the South 

11 Fork Whitewater River from the section line be12 tween sections 32 and 33, T. 1 S., R. 2 E., San 

13 Bernardino Meridian, to the section line be14 tween sections 33 and 34, T. 1 S., R. 2 E., San 

15 Bernardino Meridian, as a recreational river. 

16 ‘‘(E) The 4.9-mile segment of the South 

17 Fork Whitewater River from the section line be18 tween sections 33 and 34, T. 1 S., R. 2 E., San 

19 Bernardino Meridian, to the confluence with the 

20 Middle Fork, as a wild river. 

21 ‘‘(F) The 5.4-mile segment of the main 

22 stem of the Whitewater River from the con23 fluence of the South and Middle Forks to the 

24 San Gorgonio Wilderness boundary, as a wild 

25 river. 


kjohnson on DSK79L0C42 with BILLS
354 

•S 47 PCS

1 ‘‘(G) The 3.6-mile segment of the main 

2 stem of the Whitewater River from the San 

3 Gorgonio Wilderness boundary to .25 miles up4 stream of the southern boundary of section 35, 

5 T. 2 S., R. 3 E., San Bernardino Meridian, as 

6 a recreational river.’’. 

7 SEC. 1458. CONFORMING AMENDMENTS. 

8 (a) SHORT TITLE.—Section 1 of the California 

9 Desert Protection Act of 1994 (16 U.S.C. 410aaa note; 

10 Public Law 103–433) is amended by striking ‘‘1 and 2, 

11 and titles I through IX’’ and inserting ‘‘1, 2, and 3, titles 

12 I through IX, and titles XIII and XIV’’. 

13 (b) DEFINITIONS.—The California Desert Protection 

14 Act of 1994 (Public Law 103–433; 108 Stat. 4471) is 

15 amended by inserting after section 2 the following: 

16 ‘‘SEC. 3. DEFINITIONS. 

17 ‘‘(a) TITLES I THROUGH IX.—In titles I through IX, 

18 the term ‘this Act’ means only— 

19 ‘‘(1) sections 1 and 2; and 

20 ‘‘(2) titles I through IX. 

21 ‘‘(b) TITLES XIII AND XIV.—In titles XIII and XIV: 

22 ‘‘(1) CONSERVATION AREA.—The term ‘Con23 servation Area’ means the California Desert Con24 servation Area. 


kjohnson on DSK79L0C42 with BILLS
355 

•S 47 PCS

1 ‘‘(2) SECRETARY.—The term ‘Secretary’ 

2 means— 

3 ‘‘(A) with respect to land under the juris4 diction of the Secretary of the Interior, the Sec5 retary of the Interior; and 

6 ‘‘(B) with respect to land under the juris7 diction of the Secretary of Agriculture, the Sec8 retary of Agriculture. 

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

10 of California.’’. 

11 SEC. 1459. JUNIPER FLATS. 

12 The California Desert Protection Act of 1994 is 

13 amended by striking section 711 (16 U.S.C. 410aaa–81) 

14 and inserting the following: 

15 ‘‘SEC. 711. JUNIPER FLATS. 

16 ‘‘Development of renewable energy generation facili17 ties (excluding rights-of-way or facilities for the trans18 mission of energy and telecommunication facilities and in19 frastructure) is prohibited on the approximately 27,990 

20 acres of Federal land generally depicted as ‘BLM Land 

21 Unavailable for Energy Development’ on the map entitled 

22 ‘Juniper Flats’ and dated November 7, 2018.’’. 


kjohnson on DSK79L0C42 with BILLS
356 

•S 47 PCS

1 SEC. 1460. CONFORMING AMENDMENTS TO CALIFORNIA 

2 MILITARY LANDS WITHDRAWAL AND OVER3 FLIGHTS ACT OF 1994. 

4 (a) FINDINGS.—Section 801(b)(2) of the California 

5 Military Lands Withdrawal and Overflights Act of 1994 

6 (16 U.S.C. 410aaa–82 note; Public Law 103–433) is 

7 amended by inserting ‘‘, special management areas, off8 highway vehicle recreation areas, scenic areas,’’ before 

9 ‘‘and wilderness areas’’. 

10 (b) OVERFLIGHTS; SPECIAL AIRSPACE.—Section 802 

11 of the California Military Lands Withdrawal and Over12 flights Act of 1994 (16 U.S.C. 410aaa–82) is amended— 

13 (1) in subsection (a), by inserting ‘‘, scenic 

14 areas, off-highway vehicle recreation areas, or special 

15 management areas’’ before ‘‘designated by this Act’’; 

16 (2) in subsection (b), by inserting ‘‘, scenic 

17 areas, off-highway vehicle recreation areas, or special 

18 management areas’’ before ‘‘designated by this Act’’; 

19 and 

20 (3) by adding at the end the following: 

21 ‘‘(d) DEPARTMENT OF DEFENSE FACILITIES.— 

22 Nothing in this Act alters any authority of the Secretary 

23 of Defense to conduct military operations at installations 

24 and ranges within the California Desert Conservation 

25 Area that are authorized under any other provision of 

26 law.’’. 


kjohnson on DSK79L0C42 with BILLS
357 

•S 47 PCS

1 SEC. 1461. DESERT TORTOISE CONSERVATION CENTER. 

2 (a) IN GENERAL.—The Secretary shall establish, op3 erate, and maintain a trans-State desert tortoise conserva4 tion center (referred to in this section as the ‘‘Center’’) 

5 on public land along the California-Nevada border— 

6 (1) to support desert tortoise research, disease 

7 monitoring, handling training, rehabilitation, and re8 introduction; 

9 (2) to provide temporary quarters for animals 

10 collected from authorized salvage from renewable en11 ergy sites; and 

12 (3) to ensure the full recovery and ongoing sur13 vival of the species. 

14 (b) CENTER.—In carrying out this section, the Sec15 retary shall— 

16 (1) seek the participation of or contract with 

17 qualified organizations with expertise in desert tor18 toise disease research and experience with desert tor19 toise translocation techniques, and scientific training 

20 of professional biologists for handling tortoises, to 

21 staff and manage the Center; 

22 (2) ensure that the Center engages in public 

23 outreach and education on tortoise handling; and 

24 (3) consult with the State and the State of Ne25 vada to ensure that the Center is operated consistent 

26 with State law. 


kjohnson on DSK79L0C42 with BILLS
358 

•S 47 PCS

1 (c) NON-FEDERAL CONTRIBUTIONS.—The Secretary 

2 may accept and expend contributions of non-Federal funds 

3 to establish, operate, and maintain the Center. 

4 TITLE II—NATIONAL PARKS 

5 Subtitle A—Special Resource 

6 Studies 

7 SEC. 2001. SPECIAL RESOURCE STUDY OF JAMES K. POLK 

8 PRESIDENTIAL HOME. 

9 (a) DEFINITION OF STUDY AREA.—In this section, 

10 the term ‘‘study area’’ means the President James K. Polk 

11 Home in Columbia, Tennessee, and adjacent property. 

12 (b) SPECIAL RESOURCE STUDY.— 

13 (1) STUDY.—The Secretary shall conduct a spe14 cial resource study of the study area. 

15 (2) CONTENTS.—In conducting the study under 

16 paragraph (1), the Secretary shall— 

17 (A) evaluate the national significance of 

18 the study area; 

19 (B) determine the suitability and feasibility 

20 of designating the study area as a unit of the 

21 National Park System; 

22 (C) consider other alternatives for preser23 vation, protection, and interpretation of the 

24 study area by the Federal Government, State or 


kjohnson on DSK79L0C42 with BILLS
359 

•S 47 PCS

1 local government entities, or private and non2 profit organizations; 

3 (D) consult with interested Federal agen4 cies, State or local governmental entities, pri5 vate and nonprofit organizations, or any other 

6 interested individuals; and 

7 (E) identify cost estimates for any Federal 

8 acquisition, development, interpretation, oper9 ation, and maintenance associated with the al10 ternatives. 

11 (3) APPLICABLE LAW.—The study required 

12 under paragraph (1) shall be conducted in accord13 ance with section 100507 of title 54, United States 

14 Code. 

15 (4) REPORT.—Not later than 3 years after the 

16 date on which funds are first made available for the 

17 study under paragraph (1), the Secretary shall sub18 mit to the Committee on Energy and Natural Re19 sources of the Senate and the Committee on Natural 

20 Resources of the House of Representatives a report 

21 that describes— 

22 (A) the results of the study; and 

23 (B) any conclusions and recommendations 

24 of the Secretary. 


kjohnson on DSK79L0C42 with BILLS
360 

•S 47 PCS

1 SEC. 2002. SPECIAL RESOURCE STUDY OF THURGOOD MAR2 SHALL SCHOOL. 

3 (a) DEFINITION OF STUDY AREA.—In this section, 

4 the term ‘‘study area’’ means— 

5 (1) P.S. 103, the public school located in West 

6 Baltimore, Maryland, which Thurgood Marshall at7 tended as a youth; and 

8 (2) any other resources in the neighborhood 

9 surrounding P.S. 103 that relate to the early life of 

10 Thurgood Marshall. 

11 (b) SPECIAL RESOURCE STUDY.— 

12 (1) STUDY.—The Secretary shall conduct a spe13 cial resource study of the study area. 

14 (2) CONTENTS.—In conducting the study under 

15 paragraph (1), the Secretary shall— 

16 (A) evaluate the national significance of 

17 the study area; 

18 (B) determine the suitability and feasibility 

19 of designating the study area as a unit of the 

20 National Park System; 

21 (C) consider other alternatives for preser22 vation, protection, and interpretation of the 

23 study area by the Federal Government, State or 

24 local government entities, or private and non25 profit organizations; 


kjohnson on DSK79L0C42 with BILLS
361 

•S 47 PCS

1 (D) consult with interested Federal agen2 cies, State or local governmental entities, pri3 vate and nonprofit organizations, or any other 

4 interested individuals; and 

5 (E) identify cost estimates for any Federal 

6 acquisition, development, interpretation, oper7 ation, and maintenance associated with the al8 ternatives. 

9 (3) APPLICABLE LAW.—The study required 

10 under paragraph (1) shall be conducted in accord11 ance with section 100507 of title 54, United States 

12 Code. 

13 (4) REPORT.—Not later than 3 years after the 

14 date on which funds are first made available to carry 

15 out the study under paragraph (1), the Secretary 

16 shall submit to the Committee on Natural Resources 

17 of the House of Representatives and the Committee 

18 on Energy and Natural Resources of the Senate a 

19 report that describes— 

20 (A) the results of the study; and 

21 (B) any conclusions and recommendations 

22 of the Secretary. 


kjohnson on DSK79L0C42 with BILLS
362 

•S 47 PCS

1 SEC. 2003. SPECIAL RESOURCE STUDY OF PRESIDENT 

2 STREET STATION. 

3 (a) DEFINITION OF STUDY AREA.—In this section, 

4 the term ‘‘study area’’ means the President Street Station, 

5 a railroad terminal in Baltimore, Maryland, the history 

6 of which is tied to the growth of the railroad industry in 

7 the 19th century, the Civil War, the Underground Rail8 road, and the immigrant influx of the early 20th century. 

9 (b) SPECIAL RESOURCE STUDY.— 

10 (1) STUDY.—The Secretary shall conduct a spe11 cial resource study of the study area. 

12 (2) CONTENTS.—In conducting the study under 

13 paragraph (1), the Secretary shall— 

14 (A) evaluate the national significance of 

15 the study area; 

16 (B) determine the suitability and feasibility 

17 of designating the study area as a unit of the 

18 National Park System; 

19 (C) consider other alternatives for preser20 vation, protection, and interpretation of the 

21 study area by the Federal Government, State or 

22 local government entities, or private and non23 profit organizations; 

24 (D) consult with interested Federal agen25 cies, State or local governmental entities, priVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
363 

•S 47 PCS

1 vate and nonprofit organizations, or any other 

2 interested individuals; and 

3 (E) identify cost estimates for any Federal 

4 acquisition, development, interpretation, oper5 ation, and maintenance associated with the al6 ternatives. 

7 (3) APPLICABLE LAW.—The study required 

8 under paragraph (1) shall be conducted in accord9 ance with section 100507 of title 54, United States 

10 Code. 

11 (4) REPORT.—Not later than 3 years after the 

12 date on which funds are first made available for the 

13 study under paragraph (1), the Secretary shall sub14 mit to the Committee on Natural Resources of the 

15 House of Representatives and the Committee on En16 ergy and Natural Resources of the Senate a report 

17 that describes— 

18 (A) the results of the study; and 

19 (B) any conclusions and recommendations 

20 of the Secretary. 

21 SEC. 2004. AMACHE SPECIAL RESOURCE STUDY. 

22 (a) DEFINITION OF STUDY AREA.—In this section, 

23 the term ‘‘study area’’ means the site known as 

24 ‘‘Amache’’, ‘‘Camp Amache’’, and ‘‘Granada Relocation 

25 Center’’ in Granada, Colorado, which was 1 of the 10 reloVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
364 

•S 47 PCS

1 cation centers where Japanese Americans were incarcer2 ated during World War II. 

3 (b) SPECIAL RESOURCE STUDY.— 

4 (1) IN GENERAL.—The Secretary shall conduct 

5 a special resource study of the study area. 

6 (2) CONTENTS.—In conducting the study under 

7 paragraph (1), the Secretary shall— 

8 (A) evaluate the national significance of 

9 the study area; 

10 (B) determine the suitability and feasibility 

11 of designating the study area as a unit of the 

12 National Park System; 

13 (C) consider other alternatives for preser14 vation, protection, and interpretation of the 

15 study area by the Federal Government, State or 

16 local government entities, or private and non17 profit organizations; 

18 (D) consult with interested Federal agen19 cies, State or local governmental entities, pri20 vate and nonprofit organizations, or any other 

21 interested individuals; and 

22 (E) identify cost estimates for any Federal 

23 acquisition, development, interpretation, oper24 ation, and maintenance associated with the alVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
365 

•S 47 PCS

1 ternatives described in subparagraphs (B) and 

2 (C). 

3 (3) APPLICABLE LAW.—The study required 

4 under paragraph (1) shall be conducted in accord5 ance with section 100507 of title 54, United States 

6 Code. 

7 (4) REPORT.—Not later than 3 years after the 

8 date on which funds are first made available to carry 

9 out the study under paragraph (1), the Secretary 

10 shall submit to the Committee on Natural Resources 

11 of the House of Representatives and the Committee 

12 on Energy and Natural Resources of the Senate a 

13 report that describes— 

14 (A) the results of the study; and 

15 (B) any conclusions and recommendations 

16 of the Secretary. 

17 SEC. 2005. SPECIAL RESOURCE STUDY OF GEORGE W. BUSH 

18 CHILDHOOD HOME. 

19 (a) DEFINITION OF STUDY AREA.—In this section, 

20 the term ‘‘study area’’ means the George W. Bush Child21 hood Home, located at 1412 West Ohio Avenue, Midland, 

22 Texas. 

23 (b) SPECIAL RESOURCE STUDY.— 

24 (1) STUDY.—The Secretary shall conduct a spe25 cial resource study of the study area. 


kjohnson on DSK79L0C42 with BILLS
366 

•S 47 PCS

1 (2) CONTENTS.—In conducting the study under 

2 paragraph (1), the Secretary shall— 

3 (A) evaluate the national significance of 

4 the study area; 

5 (B) determine the suitability and feasibility 

6 of designating the study area as a unit of the 

7 National Park System; 

8 (C) consider other alternatives for preser9 vation, protection, and interpretation of the 

10 study area by the Federal Government, State or 

11 local government entities, or private and non12 profit organizations; 

13 (D) consult with interested Federal agen14 cies, State or local governmental entities, pri15 vate and nonprofit organizations, or any other 

16 interested individuals; and 

17 (E) identify cost estimates for any Federal 

18 acquisition, development, interpretation, oper19 ation, and maintenance associated with the al20 ternatives. 

21 (3) APPLICABLE LAW.—The study required 

22 under paragraph (1) shall be conducted in accord23 ance with section 100507 of title 54, United States 

24 Code. 


kjohnson on DSK79L0C42 with BILLS
367 

•S 47 PCS

1 (4) REPORT.—Not later than 3 years after the 

2 date on which funds are first made available for the 

3 study under paragraph (1), the Secretary shall sub4 mit to the Committee on Energy and Natural Re5 sources of the Senate and the Committee on Natural 

6 Resources of the House of Representatives a report 

7 that describes— 

8 (A) the results of the study; and 

9 (B) any conclusions and recommendations 

10 of the Secretary. 

11 Subtitle B—National Park System 

12 Boundary Adjustments and Re13 lated Matters 

14 SEC. 2101. SHILOH NATIONAL MILITARY PARK BOUNDARY 

15 ADJUSTMENT. 

16 (a) DEFINITIONS.—In this section: 

17 (1) AFFILIATED AREA.—The term ‘‘affiliated 

18 area’’ means the Parker’s Crossroads Battlefield es19 tablished as an affiliated area of the National Park 

20 System by subsection (c)(1). 

21 (2) PARK.—The term ‘‘Park’’ means Shiloh 

22 National Military Park, a unit of the National Park 

23 System. 

24 (b) AREAS TO BE ADDED TO SHILOH NATIONAL

25 MILITARY PARK.— 


kjohnson on DSK79L0C42 with BILLS
368 

•S 47 PCS

1 (1) ADDITIONAL AREAS.—The boundary of the 

2 Park is modified to include the areas that are gen3 erally depicted on the map entitled ‘‘Shiloh National 

4 Military Park, Proposed Boundary Adjustment’’, 

5 numbered 304/80,011, and dated July 2014, and 

6 which are comprised of the following: 

7 (A) Fallen Timbers Battlefield. 

8 (B) Russell House Battlefield. 

9 (C) Davis Bridge Battlefield. 

10 (2) ACQUISITION AUTHORITY.—The Secretary 

11 may acquire the land described in paragraph (1) by 

12 donation, purchase from willing sellers with donated 

13 or appropriated funds, or exchange. 

14 (3) ADMINISTRATION.—Any land acquired 

15 under this subsection shall be administered as part 

16 of the Park. 

17 (c) ESTABLISHMENT OF AFFILIATED AREA.— 

18 (1) IN GENERAL.—Parker’s Crossroads Battle19 field in the State of Tennessee is established as an 

20 affiliated area of the National Park System. 

21 (2) DESCRIPTION OF AFFILIATED AREA.—The 

22 affiliated area shall consist of the area generally de23 picted within the ‘‘Proposed Boundary’’ on the map 

24 entitled ‘‘Parker’s Crossroads Battlefield, Proposed 


kjohnson on DSK79L0C42 with BILLS
369 

•S 47 PCS

1 Boundary’’, numbered 903/80,073, and dated July 

2 2014. 

3 (3) ADMINISTRATION.—The affiliated area shall 

4 be managed in accordance with— 

5 (A) this section; and 

6 (B) any law generally applicable to units of 

7 the National Park System. 

8 (4) MANAGEMENT ENTITY.—The City of Park9 ers Crossroads and the Tennessee Historical Com10 mission shall jointly be the management entity for 

11 the affiliated area. 

12 (5) COOPERATIVE AGREEMENTS.—The Sec13 retary may provide technical assistance and enter 

14 into cooperative agreements with the management 

15 entity for the purpose of providing financial assist16 ance for the marketing, marking, interpretation, and 

17 preservation of the affiliated area. 

18 (6) LIMITED ROLE OF THE SECRETARY.—Noth19 ing in this section authorizes the Secretary to ac20 quire property at the affiliated area or to assume 

21 overall financial responsibility for the operation, 

22 maintenance, or management of the affiliated area. 

23 (7) GENERAL MANAGEMENT PLAN.— 

24 (A) IN GENERAL.—The Secretary, in con25 sultation with the management entity, shall deVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
370 

•S 47 PCS

1 velop a general management plan for the affili2 ated area in accordance with section 100502 of 

3 title 54, United States Code. 

4 (B) TRANSMITTAL.—Not later than 3 

5 years after the date on which funds are made 

6 available to carry out this section, the Secretary 

7 shall submit to the Committee on Natural Re8 sources of the House of Representatives and the 

9 Committee on Energy and Natural Resources of 

10 the Senate the general management plan devel11 oped under subparagraph (A). 

12 SEC. 2102. OCMULGEE MOUNDS NATIONAL HISTORICAL 

13 PARK BOUNDARY. 

14 (a) DEFINITIONS.—In this section: 

15 (1) HISTORICAL PARK.—The term ‘‘Historical 

16 Park’’ means the Ocmulgee Mounds National His17 torical Park in the State of Georgia, as redesignated 

18 by subsection(b)(1)(A). 

19 (2) MAP.—The term ‘‘map’’ means the map en20 titled ‘‘Ocmulgee National Monument Proposed 

21 Boundary Adjustment’’, numbered 363/125996, and 

22 dated January 2016. 

23 (3) STUDY AREA.—The term ‘‘study area’’ 

24 means the Ocmulgee River corridor between the cit25 ies of Macon, Georgia, and Hawkinsville, Georgia. 


kjohnson on DSK79L0C42 with BILLS
371 

•S 47 PCS

1 (b) OCMULGEE MOUNDS NATIONAL HISTORICAL

2 PARK.— 

3 (1) REDESIGNATION.— 

4 (A) IN GENERAL.—The Ocmulgee National 

5 Monument, established pursuant to the Act of 

6 June 14, 1934 (48 Stat. 958, chapter 519), 

7 shall be known and designated as the 

8 ‘‘Ocmulgee Mounds National Historical Park’’. 

9 (B) REFERENCES.—Any reference in a 

10 law, map, regulation, document, paper, or other 

11 record of the United States to the ‘‘Ocmulgee 

12 National Monument’’ shall be deemed to be a 

13 reference to the ‘‘Ocmulgee Mounds National 

14 Historical Park’’. 

15 (2) BOUNDARY ADJUSTMENT.— 

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

17 Historical Park is revised to include approxi18 mately 2,100 acres of land, as generally de19 picted on the map. 

20 (B) AVAILABILITY OF MAP.—The map 

21 shall be on file and available for public inspec22 tion in the appropriate offices of the National 

23 Park Service. 

24 (3) LAND ACQUISITION.— 


kjohnson on DSK79L0C42 with BILLS
372 

•S 47 PCS

1 (A) IN GENERAL.—The Secretary may ac2 quire land and interests in land within the 

3 boundaries of the Historical Park by donation, 

4 purchase from a willing seller with donated or 

5 appropriated funds, or exchange. 

6 (B) LIMITATION.—The Secretary may not 

7 acquire by condemnation any land or interest in 

8 land within the boundaries of the Historical 

9 Park. 

10 (4) ADMINISTRATION.—The Secretary shall ad11 minister any land acquired under paragraph (3) as 

12 part of the Historical Park in accordance with appli13 cable laws (including regulations). 

14 (c) OCMULGEE RIVER CORRIDOR SPECIAL RE15 SOURCE STUDY.— 

16 (1) IN GENERAL.—The Secretary shall conduct 

17 a special resource study of the study area. 

18 (2) CONTENTS.—In conducting the study under 

19 paragraph (1), the Secretary shall— 

20 (A) evaluate the national significance of 

21 the study area; 

22 (B) determine the suitability and feasibility 

23 of designating the study area as a unit of the 

24 National Park System; 


kjohnson on DSK79L0C42 with BILLS
373 

•S 47 PCS

1 (C) consider other alternatives for preser2 vation, protection, and interpretation of the 

3 study area by the Federal Government, State or 

4 local government entities, or private and non5 profit organizations; 

6 (D) consult with interested Federal agen7 cies, State or local governmental entities, pri8 vate and nonprofit organizations, or any other 

9 interested individuals; and 

10 (E) identify cost estimates for any Federal 

11 acquisition, development, interpretation, oper12 ation, and maintenance associated with the al13 ternatives. 

14 (3) APPLICABLE LAW.—The study required 

15 under paragraph (1) shall be conducted in accord16 ance with section 100507 of title 54, United States 

17 Code. 

18 (4) REPORT.—Not later than 3 years after the 

19 date on which funds are first made available to carry 

20 out the study under paragraph (1), the Secretary 

21 shall submit to the Committee on Natural Resources 

22 of the House of Representatives and the Committee 

23 on Energy and Natural Resources of the Senate a 

24 report that describes— 

25 (A) the results of the study; and 


kjohnson on DSK79L0C42 with BILLS
374 

•S 47 PCS

1 (B) any conclusions and recommendations 

2 of the Secretary. 

3 SEC. 2103. KENNESAW MOUNTAIN NATIONAL BATTLEFIELD 

4 PARK BOUNDARY. 

5 (a) DEFINITIONS.—In this section: 

6 (1) MAP.—The term ‘‘map’’ means the map en7 titled ‘‘Kennesaw Mountain National Battlefield 

8 Park, Proposed Boundary Adjustment’’, numbered 

9 325/80,020, and dated February 2010. 

10 (2) PARK.—The term ‘‘Park’’ means the Ken11 nesaw Mountain National Battlefield Park. 

12 (b) KENNESAW MOUNTAIN NATIONAL BATTLEFIELD

13 PARK BOUNDARY ADJUSTMENT.— 

14 (1) BOUNDARY ADJUSTMENT.—The boundary 

15 of the Park is modified to include the approximately 

16 8 acres of land or interests in land identified as 

17 ‘‘Wallis House and Harriston Hill’’, as generally de18 picted on the map. 

19 (2) MAP.—The map shall be on file and avail20 able for inspection in the appropriate offices of the 

21 National Park Service. 

22 (3) LAND ACQUISITION.—The Secretary may 

23 acquire land or interests in land described in para24 graph (1) by donation, purchase from willing sellers, 

25 or exchange. 


kjohnson on DSK79L0C42 with BILLS
375 

•S 47 PCS

1 (4) ADMINISTRATION OF ACQUIRED LAND.— 

2 The Secretary shall administer land and interests in 

3 land acquired under this section as part of the Park 

4 in accordance with applicable laws (including regula5 tions). 

6 SEC. 2104. FORT FREDERICA NATIONAL MONUMENT, GEOR7 GIA. 

8 (a) MAXIMUM ACREAGE.—The first section of the 

9 Act of May 26, 1936 (16 U.S.C. 433g), is amended by 

10 striking ‘‘two hundred and fifty acres’’ and inserting ‘‘305 

11 acres’’. 

12 (b) BOUNDARY EXPANSION.— 

13 (1) IN GENERAL.—The boundary of the Fort 

14 Frederica National Monument in the State of Geor15 gia is modified to include the land generally depicted 

16 as ‘‘Proposed Acquisition Areas’’ on the map enti17 tled ‘‘Fort Frederica National Monument Proposed 

18 Boundary Expansion’’, numbered 369/132,469, and 

19 dated April 2016. 

20 (2) AVAILABILITY OF MAP.—The map described 

21 in paragraph (1) shall be on file and available for 

22 public inspection in the appropriate offices of the 

23 National Park Service. 

24 (3) ACQUISITION OF LAND.—The Secretary 

25 may acquire the land and interests in land described 


kjohnson on DSK79L0C42 with BILLS
376 

•S 47 PCS

1 in paragraph (1) by donation or purchase with do2 nated or appropriated funds from willing sellers 

3 only. 

4 (4) NO USE OF CONDEMNATION OR EMINENT

5 DOMAIN.—The Secretary may not acquire by con6 demnation or eminent domain any land or interests 

7 in land under this section or for the purposes of this 

8 section. 

9 SEC. 2105. FORT SCOTT NATIONAL HISTORIC SITE BOUND10 ARY. 

11 Public Law 95–484 (92 Stat. 1610) is amended— 

12 (1) in the first section— 

13 (A) by inserting ‘‘, by purchase with ap14 propriated funds, or by exchange’’ after ‘‘dona15 tion’’; and 

16 (B) by striking the proviso; and 

17 (2) in section 2— 

18 (A) by striking ‘‘SEC. 2. When’’ and in19 serting the following: 

20 ‘‘SEC. 2. ESTABLISHMENT. 

21 ‘‘(a) IN GENERAL.—When’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(b) BOUNDARY MODIFICATION.—The boundary of 

24 the Fort Scott National Historic Site established under 

25 subsection (a) is modified as generally depicted on the 


kjohnson on DSK79L0C42 with BILLS
377 

•S 47 PCS

1 map referred to as ‘Fort Scott National Historic Site Pro2 posed Boundary Modification’, numbered 471/80,057, and 

3 dated February 2016.’’. 

4 SEC. 2106. FLORISSANT FOSSIL BEDS NATIONAL MONU5 MENT BOUNDARY. 

6 The first section of Public Law 91–60 (83 Stat. 101) 

7 is amended— 

8 (1) by striking ‘‘entitled ‘Proposed Florissant 

9 Fossil Beds National Monument’, numbered NM– 

10 FFB–7100, and dated March 1967, and more par11 ticularly described by metes and bounds in an at12 tachment to that map,’’ and inserting ‘‘entitled 

13 ‘Florissant Fossil Beds National Monument Pro14 posed Boundary Adjustment’, numbered 171/ 

15 132,544, and dated May 3, 2016,’’; and 

16 (2) by striking ‘‘six thousand acres’’ and insert17 ing ‘‘6,300 acres’’. 

18 SEC. 2107. VOYAGEURS NATIONAL PARK BOUNDARY AD19 JUSTMENT. 

20 (a) BOUNDARIES.— 

21 (1) IN GENERAL.—Section 102(a) of Public 

22 Law 91–661 (16 U.S.C. 160a–1(a)) is amended— 

23 (A) in the first sentence, by striking ‘‘the 

24 drawing entitled’’ and all that follows through 

25 ‘‘February 1969’’ and inserting ‘‘the map entiVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
378 

•S 47 PCS

1 tled ‘Voyageurs National Park, Proposed Land 

2 Transfer & Boundary Adjustment’, numbered 

3 172/80,056, and dated June 2009 (22 sheets)’’; 

4 and 

5 (B) in the second and third sentences, by 

6 striking ‘‘drawing’’ each place it appears and 

7 inserting ‘‘map’’. 

8 (2) TECHNICAL CORRECTIONS.—Section 

9 102(b)(2)(A) of Public Law 91–661 (16 U.S.C. 

10 160a–1(b)(2)(A)) is amended— 

11 (A) by striking ‘‘paragraph (1)(C) and 

12 (D)’’ and inserting ‘‘subparagraphs (C) and (D) 

13 of paragraph (1)’’; and 

14 (B) in the second proviso, by striking 

15 ‘‘paragraph 1(E)’’ and inserting ‘‘paragraph 

16 (1)(E)’’. 

17 (b) LAND ACQUISITIONS.—Section 201 of Public 

18 Law 91–661 (16 U.S.C. 160b) is amended— 

19 (1) by striking the section designation and 

20 heading and all that follows through ‘‘(a) The Sec21 retary’’ and inserting the following: 

22 ‘‘SEC. 201. LAND ACQUISITIONS. 

23 ‘‘(a) AUTHORIZATION.— 

24 ‘‘(1) IN GENERAL.—The Secretary’’; 

25 (2) in subsection (a)— 


kjohnson on DSK79L0C42 with BILLS
379 

•S 47 PCS

1 (A) in the second sentence, by striking 

2 ‘‘When any tract of land is only partly within 

3 such boundaries’’ and inserting the following: 

4 ‘‘(2) CERTAIN PORTIONS OF TRACTS.— 

5 ‘‘(A) IN GENERAL.—In any case in which 

6 only a portion of a tract of land is within the 

7 boundaries of the park’’; 

8 (B) in the third sentence, by striking 

9 ‘‘Land so acquired’’ and inserting the following: 

10 ‘‘(B) EXCHANGE.— 

11 ‘‘(i) IN GENERAL.—Any land acquired 

12 pursuant to subparagraph (A)’’; 

13 (C) in the fourth sentence, by striking 

14 ‘‘Any portion’’ and inserting the following: 

15 ‘‘(ii) PORTIONS NOT EXCHANGED.— 

16 Any portion’’; 

17 (D) in the fifth sentence, by striking ‘‘Any 

18 Federal property’’ and inserting the following: 

19 ‘‘(C) TRANSFERS OF FEDERAL PROP20 ERTY.—Any Federal property’’; and 

21 (E) by striking the last sentence and in22 serting the following: 

23 ‘‘(D) ADMINISTRATIVE JURISDICTION.— 

24 Effective beginning on the date of enactment of 

25 this subparagraph, there is transferred to the 


kjohnson on DSK79L0C42 with BILLS
380 

•S 47 PCS

1 National Park Service administrative jurisdic2 tion over— 

3 ‘‘(i) any land managed by the Bureau 

4 of Land Management within the bound5 aries of the park, as depicted on the map 

6 described in section 102(a); and 

7 ‘‘(ii) any additional public land identi8 fied by the Bureau of Land Management 

9 as appropriate for transfer within the 

10 boundaries of the park. 

11 ‘‘(E) LAND OWNED BY STATE.— 

12 ‘‘(i) DONATIONS AND EXCHANGES.— 

13 Any land located within or adjacent to the 

14 boundaries of the park that is owned by 

15 the State of Minnesota (or a political sub16 division of the State) may be acquired by 

17 the Secretary only through donation or ex18 change. 

19 ‘‘(ii) REVISION.—On completion of an 

20 acquisition from the State under clause (i), 

21 the Secretary shall revise the boundaries of 

22 the park to reflect the acquisition.’’; and 

23 (3) in subsection (b), by striking ‘‘(b) In exer24 cising his’’ and inserting the following: 

25 ‘‘(b) OFFERS BY INDIVIDUALS.—In exercising the’’. 


kjohnson on DSK79L0C42 with BILLS
381 

•S 47 PCS

1 SEC. 2108. ACADIA NATIONAL PARK BOUNDARY. 

2 (a) BOUNDARY CLARIFICATION.—Section 101 of 

3 Public Law 99–420 (16 U.S.C. 341 note) is amended— 

4 (1) in the first sentence, by striking ‘‘In order 

5 to’’ and inserting the following: 

6 ‘‘(a) BOUNDARIES.—Subject to subsections (b) and 

7 (c)(2), to’’; 

8 (2) in the second sentence— 

9 (A) by striking ‘‘The map shall be on file’’ 

10 and inserting the following: 

11 ‘‘(c) AVAILABILITY AND REVISIONS OF MAPS.— 

12 ‘‘(1) AVAILABILITY.—The map, together with 

13 the map described in subsection (b)(1) and any re14 vised boundary map published under paragraph (2), 

15 if applicable, shall be— 

16 ‘‘(A) on file’’; and 

17 (B) by striking ‘‘Interior, and it shall be 

18 made’’ and inserting the following: ‘‘Interior; 

19 and 

20 ‘‘(B) made’’; 

21 (3) by inserting after subsection (a) (as des22 ignated by paragraph (1)) the following: 

23 ‘‘(b) SCHOODIC PENINSULA ADDITION.— 

24 ‘‘(1) IN GENERAL.—The boundary of the Park 

25 is confirmed to include approximately 1,441 acres of 

26 land and interests in land, as depicted on the map 


kjohnson on DSK79L0C42 with BILLS
382 

•S 47 PCS

1 entitled ‘Acadia National Park, Hancock County, 

2 Maine, Schoodic Peninsula Boundary Revision’, 

3 numbered 123/129102, and dated July 10, 2015. 

4 ‘‘(2) RATIFICATION AND APPROVAL OF ACQUISI5 TIONS OF LAND.—Congress ratifies and approves— 

6 ‘‘(A) effective as of September 26, 2013, 

7 the acquisition by the United States of the land 

8 and interests in the land described in paragraph 

9 (1); and 

10 ‘‘(B) effective as of the date on which the 

11 alteration occurred, any alteration of the land 

12 or interests in the land described in paragraph 

13 (1) that is held or claimed by the United States 

14 (including conversion of the land to fee simple 

15 interest) that occurred after the date described 

16 in subparagraph (A).’’; and 

17 (4) in subsection (c) (as designated by para18 graph (2)(A)), by adding at the end the following: 

19 ‘‘(2) TECHNICAL AND LIMITED REVISIONS.— 

20 Subject to section 102(k), notwithstanding any other 

21 provision of this section, the Secretary of the Inte22 rior (referred to in this title as the ‘Secretary’), by 

23 publication in the Federal Register of a revised 

24 boundary map or other description, may make— 


kjohnson on DSK79L0C42 with BILLS
383 

•S 47 PCS

1 ‘‘(A) such technical boundary revisions as 

2 the Secretary determines to be appropriate to 

3 the permanent boundaries of the Park (includ4 ing any property of the Park located within the 

5 Schoodic Peninsula and Isle Au Haut districts) 

6 to resolve issues resulting from causes such as 

7 survey error or changed road alignments; and 

8 ‘‘(B) such limited boundary revisions as 

9 the Secretary determines to be appropriate to 

10 the permanent boundaries of the Park to take 

11 into account acquisitions or losses, by exchange, 

12 donation, or purchase from willing sellers using 

13 donated or appropriated funds, of land adjacent 

14 to or within the Park, respectively, in any case 

15 in which the total acreage of the land to be so 

16 acquired or lost is less than 10 acres, subject 

17 to the condition that— 

18 ‘‘(i) any such boundary revision shall 

19 not be a part of a more-comprehensive 

20 boundary revision; and 

21 ‘‘(ii) all such boundary revisions, con22 sidered collectively with any technical 

23 boundary revisions made pursuant to sub24 paragraph (A), do not increase the size of 

25 the Park by more than a total of 100 


kjohnson on DSK79L0C42 with BILLS
384 

•S 47 PCS

1 acres, as compared to the size of the Park 

2 on the date of enactment of this para3 graph.’’. 

4 (b) LIMITATION ON ACQUISITIONS OF LAND FOR

5 ACADIA NATIONAL PARK.—Section 102 of Public Law 

6 99–420 (16 U.S.C. 341 note) is amended— 

7 (1) in subsection (a), in the matter preceding 

8 paragraph (1), by striking ‘‘of the Interior (herein9 after in this title referred to as ‘the Secretary’)’’; 

10 (2) in subsection (d)(1), in the first sentence, 

11 by striking ‘‘the the’’ and inserting ‘‘the’’; 

12 (3) in subsection (k)— 

13 (A) by redesignating the subsection as 

14 paragraph (4) and indenting the paragraph ap15 propriately; and 

16 (B) by moving the paragraph so as to ap17 pear at the end of subsection (b); and 

18 (4) by adding at the end the following: 

19 ‘‘(k) REQUIREMENTS.—Before revising the bound20 aries of the Park pursuant to this section or section 

21 101(c)(2)(B), the Secretary shall— 

22 ‘‘(1) certify that the proposed boundary revision 

23 will contribute to, and is necessary for, the proper 

24 preservation, protection, interpretation, or manage25 ment of the Park; 


kjohnson on DSK79L0C42 with BILLS
385 

•S 47 PCS

1 ‘‘(2) consult with the governing body of each 

2 county, city, town, or other jurisdiction with primary 

3 taxing authority over the land or interest in land to 

4 be acquired regarding the impacts of the proposed 

5 boundary revision; 

6 ‘‘(3) obtain from each property owner the land 

7 or interest in land of which is proposed to be ac8 quired for, or lost from, the Park written consent for 

9 the proposed boundary revision; and 

10 ‘‘(4) submit to the Acadia National Park Advi11 sory Commission established by section 103(a), the 

12 Committee on Natural Resources of the House of 

13 Representatives, the Committee on Energy and Nat14 ural Resources of the Senate, and the Maine Con15 gressional Delegation a written notice of the pro16 posed boundary revision. 

17 ‘‘(l) LIMITATION.—The Secretary may not use the 

18 authority provided by section 100506 of title 54, United 

19 States Code, to adjust the permanent boundaries of the 

20 Park pursuant to this title.’’. 

21 (c) ACADIA NATIONAL PARK ADVISORY COMMIS22 SION.— 

23 (1) IN GENERAL.—The Secretary shall reestab24 lish and appoint members to the Acadia National 

25 Park Advisory Commission in accordance with secVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
386 

•S 47 PCS

1 tion 103 of Public Law 99–420 (16 U.S.C. 341 

2 note). 

3 (2) CONFORMING AMENDMENT.—Section 103 

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

5 amended by striking subsection (f). 

6 (d) REPEAL OF CERTAIN PROVISIONS RELATING TO

7 ACADIA NATIONAL PARK.—The following are repealed: 

8 (1) Section 3 of the Act of February 26, 1919 

9 (40 Stat. 1178, chapter 45). 

10 (2) The first section of the Act of January 19, 

11 1929 (45 Stat. 1083, chapter 77). 

12 (e) MODIFICATION OF USE RESTRICTION.—The Act 

13 of August 1, 1950 (64 Stat. 383, chapter 511), is amend14 ed— 

15 (1) by striking ‘‘That the Secretary’’ and in16 serting the following: 

17 ‘‘SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL 

18 PARK. 

19 ‘‘The Secretary’’; and 

20 (2) by striking ‘‘for school purposes’’ and in21 serting ‘‘for public purposes, subject to the condi22 tions that use of the land shall not degrade or ad23 versely impact the resources or values of Acadia Na24 tional Park and that the land shall remain in public 


kjohnson on DSK79L0C42 with BILLS
387 

•S 47 PCS

1 ownership for recreational, educational, or similar 

2 public purposes’’. 

3 (f) CONTINUATION OF CERTAIN TRADITIONAL

4 USES.—Title I of Public Law 99–420 (16 U.S.C. 341 

5 note) is amended by adding at the end the following: 

6 ‘‘SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) LAND WITHIN THE PARK.—The term ‘land 

9 within the Park’ means land owned or controlled by 

10 the United States— 

11 ‘‘(A) that is within the boundary of the 

12 Park established by section 101; or 

13 ‘‘(B)(i) that is outside the boundary of the 

14 Park; and 

15 ‘‘(ii) in which the Secretary has or acquires 

16 a property interest or conservation easement 

17 pursuant to this title. 

18 ‘‘(2) MARINE SPECIES; MARINE WORM; SHELL19 FISH.—The terms ‘marine species’, ‘marine worm’, 

20 and ‘shellfish’ have the meanings given those terms 

21 in section 6001 of title 12 of the Maine Revised 

22 Statutes (as in effect on the date of enactment of 

23 this section). 


kjohnson on DSK79L0C42 with BILLS
388 

•S 47 PCS

1 ‘‘(3) STATE LAW.—The term ‘State law’ means 

2 the law (including regulations) of the State of 

3 Maine, including the common law. 

4 ‘‘(4) TAKING.—The term ‘taking’ means the re5 moval or attempted removal of a marine species, ma6 rine worm, or shellfish from the natural habitat of 

7 the marine species, marine worm, or shellfish. 

8 ‘‘(b) CONTINUATION OF TRADITIONAL USES.—The 

9 Secretary shall allow for the traditional taking of marine 

10 species, marine worms, and shellfish, on land within the 

11 Park between the mean high watermark and the mean low 

12 watermark in accordance with State law.’’. 

13 (g) CONVEYANCE OF CERTAIN LAND IN ACADIA NA14 TIONAL PARK TO THE TOWN OF BAR HARBOR, MAINE.— 

15 (1) IN GENERAL.—The Secretary shall convey 

16 to the Town of Bar Harbor all right, title, and inter17 est of the United States in and to the .29-acre par18 cel of land in Acadia National Park identified as lot 

19 110–055–000 on the tax map of the Town of Bar 

20 Harbor for section 110, dated April 1, 2015, to be 

21 used for a solid waste transfer facility. 

22 (2) REVERSION.—If the land conveyed under 

23 paragraph (1) is used for a purpose other than the 

24 purpose described in that paragraph, the land shall, 


kjohnson on DSK79L0C42 with BILLS
389 

•S 47 PCS

1 at the discretion of the Secretary, revert to the 

2 United States. 

3 SEC. 2109. AUTHORITY OF SECRETARY OF THE INTERIOR 

4 TO ACCEPT CERTAIN PROPERTIES, MIS5 SOURI. 

6 (a) STE. GENEVIEVE NATIONAL HISTORICAL

7 PARK.—Section 7134(a)(3) of the Energy and Natural 

8 Resources Act of 2017 (as enacted into law by section 

9 121(a)(2) of division G of the Consolidated Appropriations 

10 Act, 2018 (Public Law 115–141)) is amended by striking 

11 ‘‘ ‘Ste. Genevieve National Historical Park Proposed 

12 Boundary’, numbered 571/132,626, and dated May 2016’’ 

13 and inserting ‘‘ ‘Ste. Genevieve National Historical Park 

14 Proposed Boundary Addition’, numbered 571/149,942, 

15 and dated December 2018’’. 

16 (b) HARRY S TRUMAN NATIONAL HISTORIC SITE.— 

17 Public Law 98–32 (54 U.S.C. 320101 note) is amended— 

18 (1) in section 3, by striking the section designa19 tion and all that follows through ‘‘is authorized’’ and 

20 inserting the following: 

21 ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There are authorized’’; 

23 (2) in section 2— 

24 (A) in the second sentence, by striking 

25 ‘‘The Secretary is further authorized, in the adVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
390 

•S 47 PCS

1 ministration of the site, to’’ and inserting the 

2 following: 

3 ‘‘(b) USE BY MARGARET TRUMAN DANIEL.—In ad4 ministering the Harry S Truman National Historic Site, 

5 the Secretary may’’; and 

6 (B) by striking the section designation and 

7 all that follows through ‘‘and shall be’’ in the 

8 first sentence and inserting the following: 

9 ‘‘SEC. 3. DESIGNATION; USE BY MARGARET TRUMAN DAN10 IEL. 

11 ‘‘(a) DESIGNATION.—Any property acquired pursu12 ant to section 2— 

13 ‘‘(1) is designated as the ‘Harry S Truman Na14 tional Historic Site’; and 

15 ‘‘(2) shall be’’; and 

16 (3) in the first section— 

17 (A) by redesignating subsection (e) as 

18 paragraph (2), indenting the paragraph appro19 priately, and moving the paragraph so as to ap20 pear at the end of subsection (c); 

21 (B) in subsection (c)— 

22 (i) by striking the subsection designa23 tion and all that follows through ‘‘author24 ized to’’ and inserting the following: 

25 ‘‘(c) TRUMAN FARM HOME.— 


kjohnson on DSK79L0C42 with BILLS
391 

•S 47 PCS

1 ‘‘(1) IN GENERAL.—The Secretary may’’; and 

2 (ii) in paragraph (2) (as redesignated 

3 by subparagraph (A))— 

4 (I) by striking ‘‘Farm House’’ 

5 and inserting ‘‘Farm Home’’; and 

6 (II) by striking the paragraph 

7 designation and all that follows 

8 through ‘‘authorized and directed to’’ 

9 and inserting the following: 

10 ‘‘(2) TECHNICAL AND PLANNING ASSIST11 ANCE.—The Secretary shall’’; 

12 (C) in subsection (b)— 

13 (i) by striking ‘‘(b)(1) The Secretary 

14 is further authorized to’’ and inserting the 

15 following: 

16 ‘‘(b) NOLAND/HAUKENBERRY AND WALLACE

17 HOUSES.— 

18 ‘‘(1) IN GENERAL.—The Secretary may’’; and 

19 (ii) in paragraph (1), by indenting 

20 subparagraphs (A) and (B) appropriately; 

21 (D) by adding at the end the following: 

22 ‘‘(e) ADDITIONAL LAND IN INDEPENDENCE FOR VIS23 ITOR CENTER.— 


kjohnson on DSK79L0C42 with BILLS
392 

•S 47 PCS

1 ‘‘(1) IN GENERAL.—The Secretary may acquire, 

2 by donation from the city of Independence, Missouri, 

3 the land described in paragraph (2) for— 

4 ‘‘(A) inclusion in the Harry S Truman Na5 tional Historic Site; and 

6 ‘‘(B) if the Secretary determines appro7 priate, use as a visitor center of the historic 

8 site, which may include administrative services. 

9 ‘‘(2) DESCRIPTION OF LAND.—The land re10 ferred to in paragraph (1) consists of the approxi11 mately 1.08 acres of land— 

12 ‘‘(A) owned by the city of Independence, 

13 Missouri; 

14 ‘‘(B) designated as Lots 6 through 19, 

15 DELAYS Subdivision, a subdivision in Inde16 pendence, Jackson County, Missouri; and 

17 ‘‘(C) located in the area of the city bound 

18 by Truman Road on the south, North Lynn 

19 Street on the west, East White Oak Street on 

20 the north, and the city transit center on the 

21 east. 

22 ‘‘(3) BOUNDARY MODIFICATION.—On acquisi23 tion of the land under this subsection, the Secretary 

24 shall modify the boundary of the Harry S Truman 


kjohnson on DSK79L0C42 with BILLS
393 

•S 47 PCS

1 National Historic Site to reflect that acquisition.’’; 

2 and 

3 (E) in subsection (a)— 

4 (i) in the second sentence, by striking 

5 ‘‘The Secretary may also acquire, by any 

6 of the above means, fixtures,’’ and insert7 ing the following: 

8 ‘‘(2) FIXTURES AND PERSONAL PROPERTY.— 

9 The Secretary may acquire, by any means described 

10 in paragraph (1), any fixtures’’; and 

11 (ii) in the first sentence— 

12 (I) by striking ‘‘of the Interior 

13 (hereinafter referred to as the ‘Sec14 retary’)’’; and 

15 (II) by striking ‘‘That (a) in 

16 order to’’ and inserting the following: 

17 ‘‘SECTION 1. SHORT TITLE; DEFINITION OF SECRETARY. 

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

19 ‘Harry S Truman National Historic Site Establishment 

20 Act’. 

21 ‘‘(b) DEFINITION OF SECRETARY.—In this Act, the 

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

23 ‘‘SEC. 2. PURPOSE; ACQUISITION OF PROPERTY. 

24 ‘‘(a) PURPOSE; ACQUISITION.— 

25 ‘‘(1) IN GENERAL.—To’’. 


kjohnson on DSK79L0C42 with BILLS
394 

•S 47 PCS

1 SEC. 2110. HOME OF FRANKLIN D. ROOSEVELT NATIONAL 

2 HISTORIC SITE. 

3 (a) LAND ACQUISITION.—The Secretary may ac4 quire, by donation, purchase from a willing seller using 

5 donated or appropriated funds, or exchange, the approxi6 mately 89 acres of land identified as the ‘‘Morgan Prop7 erty’’ and generally depicted on the map entitled ‘‘Home 

8 of Franklin D. Roosevelt National Historic Site, Proposed 

9 Park Addition’’, numbered 384/138,461, and dated May 

10 2017. 

11 (b) AVAILABILITY OF MAP.—The map referred to in 

12 subsection (a) shall be available for public inspection in 

13 the appropriate offices of the National Park Service. 

14 (c) BOUNDARY ADJUSTMENT; ADMINISTRATION.— 

15 On acquisition of the land referred to in subsection (a), 

16 the Secretary shall— 

17 (1) adjust the boundary of the Home of Frank18 lin D. Roosevelt National Historic Site to reflect the 

19 acquisition; and 

20 (2) administer the acquired land as part of the 

21 Home of Franklin D. Roosevelt National Historic 

22 Site, in accordance with applicable laws. 


kjohnson on DSK79L0C42 with BILLS
395 

•S 47 PCS

1 Subtitle C—National Park System 

2 Redesignations 

3 SEC. 2201. DESIGNATION OF SAINT-GAUDENS NATIONAL 

4 HISTORICAL PARK. 

5 (a) IN GENERAL.—The Saint-Gaudens National His6 toric Site shall be known and designated as the ‘‘Saint7 Gaudens National Historical Park’’. 

8 (b) AMENDMENTS TO PUBLIC LAW 88–543.—Public 

9 Law 88–543 (78 Stat.749) is amended— 

10 (1) by striking ‘‘National Historic Site’’ each 

11 place it appears and inserting ‘‘National Historical 

12 Park’’; 

13 (2) in section 2(a), by striking ‘‘historic site’’ 

14 and inserting ‘‘Saint-Gaudens National Historical 

15 Park’’; 

16 (3) in section 3, by— 

17 (A) striking ‘‘national historical site’’ and 

18 inserting ‘‘Saint-Gaudens National Historical 

19 Park’’; and 

20 (B) striking ‘‘part of the site’’ and insert21 ing ‘‘part of the park’’; and 

22 (4) in section 4(b), by striking ‘‘traditional to 

23 the site’’ and inserting ‘‘traditional to the park’’. 

24 (c) REFERENCES.—Any reference in any law, regula25 tion, document, record, map, or other paper of the United 


kjohnson on DSK79L0C42 with BILLS
396 

•S 47 PCS

1 States to the Saint-Gaudens National Historic Site shall 

2 be considered to be a reference to the ‘‘Saint-Gaudens Na3 tional Historical Park’’. 

4 SEC. 2202. REDESIGNATION OF ROBERT EMMET PARK. 

5 (a) REDESIGNATION.—The small triangular property 

6 designated by the National Park Service as reservation 

7 302, shall be known as ‘‘Robert Emmet Park’’. 

8 (b) REFERENCE.—Any reference in any law, regula9 tion, document, record, map, paper, or other record of the 

10 United States to the property referred to in subsection (a) 

11 is deemed to be a reference to ‘‘Robert Emmet Park’’. 

12 (c) SIGNAGE.—The Secretary may post signs on or 

13 near Robert Emmet Park that include 1 or more of the 

14 following: 

15 (1) Information on Robert Emmet, his con16 tribution to Irish Independence, and his respect for 

17 the United States and the American Revolution. 

18 (2) Information on the history of the statue of 

19 Robert Emmet located in Robert Emmet Park. 

20 SEC. 2203. FORT SUMTER AND FORT MOULTRIE NATIONAL 

21 HISTORICAL PARK. 

22 (a) DEFINITIONS.—In this section: 

23 (1) MAP.—The term ‘‘map’’ means the map en24 titled ‘‘Boundary Map, Fort Sumter and Fort 


kjohnson on DSK79L0C42 with BILLS
397 

•S 47 PCS

1 Moultrie National Historical Park’’, numbered 392/ 

2 80,088, and dated August 2009. 

3 (2) PARK.—The term ‘‘Park’’ means the Fort 

4 Sumter and Fort Moultrie National Historical Park 

5 established by subsection (b). 

6 (3) STATE.—The term ‘‘State’’ means the State 

7 of South Carolina. 

8 (4) SULLIVAN’S ISLAND LIFE SAVING STATION

9 HISTORIC DISTRICT.—The term ‘‘Sullivan’s Island 

10 Life Saving Station Historic District’’ means the 

11 Charleston Lighthouse, the boathouse, garage, bunk12 er/sighting station, signal tower, and any associated 

13 land and improvements to the land that are located 

14 between Sullivan’s Island Life Saving Station and 

15 the mean low water mark. 

16 (b) ESTABLISHMENT.—There is established the Fort 

17 Sumter and Fort Moultrie National Historical Park in the 

18 State as a single unit of the National Park System to pre19 serve, maintain, and interpret the nationally significant 

20 historical values and cultural resources associated with 

21 Fort Sumter National Monument, Fort Moultrie National 

22 Monument, and the Sullivan’s Island Life Saving Station 

23 Historic District. 

24 (c) BOUNDARY.—The boundary of the Park shall be 

25 as generally depicted on the map. 


kjohnson on DSK79L0C42 with BILLS
398 

•S 47 PCS

1 (d) AVAILABILITY OF MAP.—The map shall be on file 

2 and available for public inspection in the appropriate of3 fices of the National Park Service. 

4 (e) ADMINISTRATION.— 

5 (1) IN GENERAL.—The Secretary, acting 

6 through the Director of the National Park Service, 

7 shall administer the Park in accordance with this 

8 section and the laws generally applicable to units of 

9 the National Park System, including— 

10 (A) section 100101(a), chapter 1003, and 

11 sections 100751(a), 100752, 100753, and 

12 102101 of title 54, United States Code; and 

13 (B) chapter 3201 of title 54, United States 

14 Code. 

15 (2) INTERPRETATION OF HISTORICAL

16 EVENTS.—The Secretary shall provide for the inter17 pretation of historical events and activities that oc18 curred in the vicinity of Fort Sumter and Fort 

19 Moultrie, including— 

20 (A) the Battle of Sullivan’s Island on June 

21 28, 1776; 

22 (B) the Siege of Charleston during 1780; 

23 (C) the Civil War, including— 


kjohnson on DSK79L0C42 with BILLS
399 

•S 47 PCS

1 (i) the bombardment of Fort Sumter 

2 by Confederate forces on April 12, 1861; 

3 and 

4 (ii) any other events of the Civil War 

5 that are associated with Fort Sumter and 

6 Fort Moultrie; 

7 (D) the development of the coastal defense 

8 system of the United States during the period 

9 from the Revolutionary War to World War II, 

10 including— 

11 (i) the Sullivan’s Island Life Saving 

12 Station; 

13 (ii) the lighthouse associated with the 

14 Sullivan’s Island Life Saving Station; and 

15 (iii) the coastal defense sites con16 structed during the period of fortification 

17 construction from 1898 to 1942, known as 

18 the ‘‘Endicott Period’’; and 

19 (E) the lives of— 

20 (i) the free and enslaved workers who 

21 built and maintained Fort Sumter and 

22 Fort Moultrie; 

23 (ii) the soldiers who defended the 

24 forts; 


kjohnson on DSK79L0C42 with BILLS
400 

•S 47 PCS

1 (iii) the prisoners held at the forts; 

2 and 

3 (iv) captive Africans bound for slavery 

4 who, after first landing in the United 

5 States, were brought to quarantine houses 

6 in the vicinity of Fort Moultrie in the 18th 

7 century, if the Secretary determines that 

8 the quarantine houses and associated his9 torical values are nationally significant. 

10 (f) COOPERATIVE AGREEMENTS.—The Secretary 

11 may enter into cooperative agreements with public and 

12 private entities and individuals to carry out this section. 

13 (g) REPEAL OF EXISTING LAW.—Section 2 of the 

14 Joint Resolution entitled ‘‘Joint Resolution to establish 

15 the Fort Sumter National Monument in the State of 

16 South Carolina’’, approved April 28, 1948 (16 U.S.C. 

17 450ee–1), is repealed. 

18 SEC. 2204. RECONSTRUCTION ERA NATIONAL HISTORICAL 

19 PARK AND RECONSTRUCTION ERA NATIONAL 

20 HISTORIC NETWORK. 

21 (a) DEFINITIONS.—In this section: 

22 (1) HISTORICAL PARK.—The term ‘‘historical 

23 park’’ means the Reconstruction Era National His24 torical Park. 


kjohnson on DSK79L0C42 with BILLS
401 

•S 47 PCS

1 (2) MAP.—The term ‘‘Map’’ means the maps 

2 entitled ‘‘Reconstruction Era National Monument 

3 Old Beaufort Firehouse’’, numbered 550/135,755, 

4 and dated January 2017; ‘‘Reconstruction Era Na5 tional Monument Darrah Hall and Brick Baptist 

6 Church’’, numbered 550/135,756, and dated Janu7 ary 2017; and ‘‘Reconstruction Era National Monu8 ment Camp Saxton’’, numbered 550/135,757, and 

9 dated January 2017, collectively. 

10 (3) NETWORK.—The term ‘‘Network’’ means 

11 the Reconstruction Era National Historic Network 

12 established pursuant to this section. 

13 (b) RECONSTRUCTION ERA NATIONAL HISTORICAL

14 PARK.— 

15 (1) REDESIGNATION OF RECONSTRUCTION ERA

16 NATIONAL MONUMENT.— 

17 (A) IN GENERAL.—The Reconstruction 

18 Era National Monument is redesignated as the 

19 Reconstruction Era National Historical Park, 

20 as generally depicted on the Map. 

21 (B) AVAILABILITY OF FUNDS.—Any funds 

22 available for the purposes of the Reconstruction 

23 Era National Monument shall be available for 

24 the purposes of the historical park. 


kjohnson on DSK79L0C42 with BILLS
402 

•S 47 PCS

1 (C) REFERENCES.—Any references in a 

2 law, regulation, document, record, map, or 

3 other paper of the United States to the Recon4 struction Era National Monument shall be con5 sidered to be a reference to the historical park. 

6 (2) BOUNDARY EXPANSION.— 

7 (A) BEAUFORT NATIONAL HISTORIC LAND8 MARK DISTRICT.—Subject to subparagraph (D), 

9 the Secretary is authorized to acquire land or 

10 interests in land within the Beaufort National 

11 Historic Landmark District that has historic 

12 connection to the Reconstruction Era. Upon fi13 nalizing an agreement to acquire land, the Sec14 retary shall expand the boundary of the histor15 ical park to encompass the property. 

16 (B) ST. HELENA ISLAND.—Subject to sub17 paragraph (D), the Secretary is authorized to 

18 acquire the following and shall expand the 

19 boundary of the historical park to include ac20 quisitions under this authority: 

21 (i) Land and interests in land adja22 cent to the existing boundary on St. Hel23 ena Island, South Carolina, as reflected on 

24 the Map. 


kjohnson on DSK79L0C42 with BILLS
403 

•S 47 PCS

1 (ii) Land or interests in land on St. 

2 Helena Island, South Carolina, that has a 

3 historic connection to the Reconstruction 

4 Era. 

5 (C) CAMP SAXTON.—Subject to subpara6 graph (D), the Secretary is authorized to accept 

7 administrative jurisdiction of Federal land or 

8 interests in Federal land adjacent to the exist9 ing boundary at Camp Saxton, as reflected on 

10 the Map. Upon finalizing an agreement to ac11 cept administrative jurisdiction of Federal land 

12 or interests in Federal land, the Secretary shall 

13 expand the boundary of the historical park to 

14 encompass that Federal land or interests in 

15 Federal land. 

16 (D) LAND ACQUISITION AUTHORITY.—The 

17 Secretary may only acquire land under this sec18 tion by donation, exchange, or purchase with 

19 donated funds. 

20 (3) ADMINISTRATION.— 

21 (A) IN GENERAL.—The Secretary shall ad22 minister the historical park in accordance with 

23 this section and with the laws generally applica24 ble to units of the National Park System. 


kjohnson on DSK79L0C42 with BILLS
404 

•S 47 PCS

1 (B) MANAGEMENT PLAN.—If the manage2 ment plan for the Reconstruction Era National 

3 Monument— 

4 (i) has not been completed on or be5 fore the date of enactment of this Act, the 

6 Secretary shall incorporate all provisions of 

7 this section into the planning process and 

8 complete a management plan for the his9 torical park within 3 years; and 

10 (ii) has been completed on or before 

11 the date of enactment of this Act, the Sec12 retary shall update the plan incorporating 

13 the provisions of this section. 

14 (c) RECONSTRUCTION ERA NATIONAL HISTORIC

15 NETWORK.— 

16 (1) IN GENERAL.—The Secretary shall— 

17 (A) establish, within the National Park 

18 Service, a program to be known as the ‘‘Recon19 struction Era National Historic Network’’; 

20 (B) not later than 1 year after the date of 

21 enactment of this Act, solicit proposals from 

22 sites interested in being a part of the Network; 

23 and 

24 (C) administer the Network through the 

25 historical park. 


kjohnson on DSK79L0C42 with BILLS
405 

•S 47 PCS

1 (2) DUTIES OF SECRETARY.—In carrying out 

2 the Network, the Secretary shall— 

3 (A) review studies and reports to com4 plement and not duplicate studies of the histor5 ical importance of Reconstruction Era that may 

6 be underway or completed, such as the National 

7 Park Service Reconstruction Handbook and the 

8 National Park Service Theme Study on Recon9 struction; 

10 (B) produce and disseminate appropriate 

11 educational and promotional materials relating 

12 to the Reconstruction Era and the sites in the 

13 Network, such as handbooks, maps, interpretive 

14 guides, or electronic information; 

15 (C) enter into appropriate cooperative 

16 agreements and memoranda of understanding 

17 to provide technical assistance; 

18 (D)(i) create and adopt an official, uniform 

19 symbol or device for the Network; and 

20 (ii) issue regulations for the use of the 

21 symbol or device adopted under clause (i); and 

22 (E) conduct research relating to Recon23 struction and the Reconstruction Era. 

24 (3) ELEMENTS.—The Network shall encompass 

25 the following elements: 


kjohnson on DSK79L0C42 with BILLS
406 

•S 47 PCS

1 (A) All units and programs of the National 

2 Park Service that are determined by the Sec3 retary to relate to the Reconstruction Era. 

4 (B) Other Federal, State, local, and pri5 vately owned properties that the Secretary de6 termines— 

7 (i) relate to the Reconstruction Era; 

8 and 

9 (ii) are included in, or determined by 

10 the Secretary to be eligible for inclusion in, 

11 the National Register of Historic Places. 

12 (C) Other governmental and nongovern13 mental sites, facilities, and programs of an edu14 cational, research, or interpretive nature that 

15 are directly related to the Reconstruction Era. 

16 (4) COOPERATIVE AGREEMENTS AND MEMO17 RANDA OF UNDERSTANDING.—To achieve the pur18 poses of this section and to ensure effective coordi19 nation of the Federal and non-Federal elements of 

20 the Network and units and programs of the National 

21 Park Service, the Secretary may enter into coopera22 tive agreements and memoranda of understanding 

23 with, and provide technical assistance to, the heads 

24 of other Federal agencies, States, units of local govVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
407 

•S 47 PCS

1 ernment, regional governmental bodies, and private 

2 entities. 

3 SEC. 2205. GOLDEN SPIKE NATIONAL HISTORICAL PARK. 

4 (a) DEFINITIONS.—In this section: 

5 (1) PARK.—The term ‘‘Park’’ means the Gold6 en Spike National Historical Park designated by 

7 subsection (b)(1). 

8 (2) PROGRAM.—The term ‘‘Program’’ means 

9 the program to commemorate and interpret the 

10 Transcontinental Railroad authorized under sub11 section (c). 

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

13 the Secretary, acting through the Director of the 

14 National Park Service. 

15 (4) TRANSCONTINENTAL RAILROAD.—The term 

16 ‘‘Transcontinental Railroad’’ means the approxi17 mately 1,912-mile continuous railroad constructed 

18 between 1863 and 1869 extending from Council 

19 Bluffs, Iowa, to San Francisco, California. 

20 (b) REDESIGNATION.— 

21 (1) REDESIGNATION.—The Golden Spike Na22 tional Historic Site designated April 2, 1957, and 

23 placed under the administration of the National 

24 Park Service under Public Law 89–102 (54 U.S.C. 

25 320101 note; 79 Stat. 426), shall be known and desVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
408 

•S 47 PCS

1 ignated as the ‘‘Golden Spike National Historical 

2 Park’’. 

3 (2) REFERENCES.—Any reference in a law, 

4 map, regulation, document, paper, or other record of 

5 the United States to the Golden Spike National His6 toric Site shall be considered to be a reference to the 

7 ‘‘Golden Spike National Historical Park’’. 

8 (c) TRANSCONTINENTAL RAILROAD COMMEMORA9 TION AND PROGRAM.— 

10 (1) IN GENERAL.—Subject to paragraph (2), 

11 the Secretary shall establish within the National 

12 Park Service a program to commemorate and inter13 pret the Transcontinental Railroad. 

14 (2) STUDY.—Before establishing the Program, 

15 the Secretary shall conduct a study of alternatives 

16 for commemorating and interpreting the Trans17 continental Railroad that includes— 

18 (A) a historical assessment of the Trans19 continental Railroad; 

20 (B) the identification of— 

21 (i) existing National Park System 

22 land and affiliated areas, land managed by 

23 other Federal agencies, and Federal pro24 grams that may be related to preserving, 


kjohnson on DSK79L0C42 with BILLS
409 

•S 47 PCS

1 commemorating, and interpreting the 

2 Transcontinental Railroad; 

3 (ii) any properties relating to the 

4 Transcontinental Railroad— 

5 (I) that are designated as, or 

6 could meet the criteria for designation 

7 as, National Historic Landmarks; or 

8 (II) that are included, or eligible 

9 for inclusion, on the National Register 

10 of Historic Places; 

11 (iii) any objects relating to the Trans12 continental Railroad that have educational, 

13 research, or interpretative value; and 

14 (iv) any governmental programs and 

15 nongovernmental programs of an edu16 cational, research, or interpretive nature 

17 relating to the Transcontinental Railroad; 

18 and 

19 (C) recommendations for— 

20 (i) incorporating the resources identi21 fied under subparagraph (B) into the Pro22 gram; and 

23 (ii) other appropriate ways to enhance 

24 historical research, education, interpretaVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
410 

•S 47 PCS

1 tion, and public awareness of the Trans2 continental Railroad. 

3 (3) REPORT.—Not later than 3 years after the 

4 date on which funds are made available to carry out 

5 the study under paragraph (2), the Secretary shall 

6 submit to the Committee on Natural Resources of 

7 the House of Representatives and the Committee on 

8 Energy and Natural Resources of the Senate a re9 port containing the findings and recommendations of 

10 the study. 

11 (4) FREIGHT RAILROAD OPERATIONS.—The 

12 Program shall not include any properties that are— 

13 (A) used in active freight railroad oper14 ations (or other ancillary purposes); or 

15 (B) reasonably anticipated to be used for 

16 freight railroad operations in the future. 

17 (5) ELEMENTS OF THE PROGRAM.—In carrying 

18 out the Program under this subsection, the Sec19 retary— 

20 (A) shall produce and disseminate appro21 priate education materials relating to the his22 tory, construction, and legacy of the Trans23 continental Railroad, such as handbooks, maps, 

24 interpretive guides, or electronic information; 


kjohnson on DSK79L0C42 with BILLS
411 

•S 47 PCS

1 (B) may enter into appropriate cooperative 

2 agreements and memoranda of understanding 

3 and provide technical assistance to the heads of 

4 other Federal agencies, States, units of local 

5 government, regional governmental bodies, and 

6 private entities to further the purposes of the 

7 Program and this section; and 

8 (C) may— 

9 (i) create and adopt an official, uni10 form symbol or device to identify the Pro11 gram; and 

12 (ii) issue guidance for the use of the 

13 symbol or device created and adopted 

14 under clause (i). 

15 (d) PROGRAMMATIC AGREEMENT.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of this Act, the Sec18 retary shall seek to enter into a programmatic agree19 ment with the Utah State Historic Preservation Of20 ficer to add to the list of undertakings eligible for 

21 streamlined review under section 306108 of title 54, 

22 United States Code, certain uses that would have 

23 limited physical impact to land in the Park. 


kjohnson on DSK79L0C42 with BILLS
412 

•S 47 PCS

1 (2) DEVELOPMENT AND CONSULTATION.—The 

2 programmatic agreement entered into under para3 graph (1) shall be developed— 

4 (A) in accordance with applicable laws (in5 cluding regulations); and 

6 (B) in consultation with adjacent land7 owners, Indian Tribes, and other interested par8 ties. 

9 (3) APPROVAL.—The Secretary shall— 

10 (A) consider any application for uses cov11 ered by the programmatic agreement; and 

12 (B) not later than 60 days after the re13 ceipt of an application described in subpara14 graph (A), approve the application, if the Sec15 retary determines the application is consistent 

16 with— 

17 (i) the programmatic agreement en18 tered into under paragraph (1); and 

19 (ii) applicable laws (including regula20 tions). 

21 (e) INVASIVE SPECIES.—The Secretary shall consult 

22 with, and seek to coordinate with, adjacent landowners to 

23 address the treatment of invasive species adjacent to, and 

24 within the boundaries of, the Park. 


kjohnson on DSK79L0C42 with BILLS
413 

•S 47 PCS

1 SEC. 2206. WORLD WAR II PACIFIC SITES. 

2 (a) PEARL HARBOR NATIONAL MEMORIAL, 

3 HAWAI’I.— 

4 (1) DEFINITIONS.—In this subsection: 

5 (A) MAP.—The term ‘‘Map’’ means the 

6 map entitled ‘‘Pearl Harbor National Memo7 rial—Proposed Boundary’’, numbered 580/ 

8 140,514, and dated November 2017. 

9 (B) NATIONAL MEMORIAL.—The term 

10 ‘‘National Memorial’’ means the Pearl Harbor 

11 National Memorial established by paragraph 

12 (2)(A)(i). 

13 (2) PEARL HARBOR NATIONAL MEMORIAL.— 

14 (A) ESTABLISHMENT.— 

15 (i) IN GENERAL.—There is established 

16 the Pearl Harbor National Memorial in the 

17 State of Hawai’i as a unit of the National 

18 Park System. 

19 (ii) BOUNDARIES.—The boundaries of 

20 the National Memorial shall be the bound21 aries generally depicted on the Map. 

22 (iii) AVAILABILITY OF MAP.—The 

23 Map shall be on file and available for pub24 lic inspection in appropriate offices of the 

25 National Park Service. 


kjohnson on DSK79L0C42 with BILLS
414 

•S 47 PCS

1 (B) PURPOSES.—The purposes of the Na2 tional Memorial are to preserve, interpret, and 

3 commemorate for the benefit of present and fu4 ture generations the history of World War II in 

5 the Pacific from the events leading to the De6 cember 7, 1941, attack on O’ahu, to peace and 

7 reconciliation. 

8 (3) ADMINISTRATION.—The Secretary shall ad9 minister the National Memorial in accordance with 

10 this subsection, section 121 of Public Law 111–88 

11 (123 Stat. 2930), and the laws generally applicable 

12 to units of the National Park System including— 

13 (A) section 100101(a), chapter 1003, and 

14 sections 100751(a), 100752, 100753, and 

15 102101 of title 54, United States Code; and 

16 (B) chapter 3201 of title 54, United States 

17 Code. 

18 (4) REMOVAL OF PEARL HARBOR NATIONAL

19 MEMORIAL FROM THE WORLD WAR II VALOR IN THE

20 PACIFIC NATIONAL MONUMENT.— 

21 (A) BOUNDARIES.—The boundaries of the 

22 World War II Valor in the Pacific National 

23 Monument are revised to exclude from the 

24 monument the land and interests in land identiVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
415 

•S 47 PCS

1 fied as the ‘‘Pearl Harbor National Memorial’’, 

2 as depicted on the Map. 

3 (B) INCORPORATION INTO NATIONAL ME4 MORIAL.— 

5 (i) IN GENERAL.—The land and inter6 ests in land excluded from the monument 

7 under subparagraph (A) are incorporated 

8 in and made part of the National Memorial 

9 in accordance with this subsection. 

10 (ii) USE OF FUNDS.—Any funds for 

11 the purposes of the land and interests in 

12 land excluded from the monument under 

13 subparagraph (A) shall be made available 

14 for the purposes of the National Memorial. 

15 (iii) REFERENCES.—Any reference in 

16 a law (other than this section), regulation, 

17 document, record, map, or other paper of 

18 the United States to resources in the State 

19 of Hawai’i included in the World War II 

20 Valor in the Pacific National Monument 

21 shall be considered a reference to the 

22 ‘‘Pearl Harbor National Memorial’’. 

23 (b) TULE LAKE NATIONAL MONUMENT, CALI24 FORNIA.— 


kjohnson on DSK79L0C42 with BILLS
416 

•S 47 PCS

1 (1) IN GENERAL.—The areas of the World War 

2 II Valor in the Pacific National Monument located 

3 in the State of California, as established by Presi4 dential Proclamation 8327 (73 Fed. Reg. 75293; 

5 December 10, 2008), are redesignated as the ‘‘Tule 

6 Lake National Monument’’. 

7 (2) ADMINISTRATION.—The Secretary shall ad8 minister the Tule Lake National Monument in ac9 cordance with the provisions of Presidential Procla10 mation 8327 (73 Fed. Reg. 75293; December 10, 

11 2008) applicable to the sites and resources in the 

12 State of California that are subject to that procla13 mation. 

14 (3) REFERENCES.—Any reference in a law 

15 (other than this section), regulation, document, 

16 record, map, or other paper of the United States to 

17 resources in the State of California included in the 

18 World War II Valor in the Pacific National Monu19 ment shall be considered to be a reference to ‘‘Tule 

20 Lake National Monument’’. 

21 (c) ALEUTIAN ISLANDS WORLD WAR II NATIONAL

22 MONUMENT, ALASKA.— 

23 (1) IN GENERAL.—The areas of the World War 

24 II Valor in the Pacific National Monument located 

25 in the State of Alaska, as established by Presidential 


kjohnson on DSK79L0C42 with BILLS
417 

•S 47 PCS

1 Proclamation 8327 (73 Fed. Reg. 75293; December 

2 10, 2008), are redesignated as the ‘‘Aleutian Islands 

3 World War II National Monument’’. 

4 (2) ADMINISTRATION.—The Secretary shall ad5 minister the Aleutian Islands World War II National 

6 Monument in accordance with the provisions of 

7 Presidential Proclamation 8327 (73 Fed. Reg. 

8 75293; December 10, 2008) applicable to the sites 

9 and resources in the State of Alaska that are subject 

10 to that proclamation. 

11 (3) REFERENCES.—Any reference in a law 

12 (other than this section), regulation, document, 

13 record, map, or other paper of the United States to 

14 the sites and resources in the State of Alaska in15 cluded in the World War II Valor in the Pacific Na16 tional Monument shall be considered to be a ref17 erence to the ‘‘Aleutian Islands World War II Na18 tional Monument’’. 

19 (d) HONOULIULI NATIONAL HISTORIC SITE, 

20 HAWAI’I.— 

21 (1) DEFINITIONS.—In this subsection: 

22 (A) HISTORIC SITE.—The term ‘‘Historic 

23 Site’’ means the Honouliuli National Historic 

24 Site established by paragraph (2)(A)(i). 


kjohnson on DSK79L0C42 with BILLS
418 

•S 47 PCS

1 (B) MAP.—The term ‘‘Map’’ means the 

2 map entitled ‘‘Honouliuli National Historic 

3 Site—Proposed Boundary’’, numbered 680/ 

4 139428, and dated June 2017. 

5 (2) HONOULIULI NATIONAL HISTORIC SITE.— 

6 (A) ESTABLISHMENT.— 

7 (i) IN GENERAL.—There is established 

8 the Honouliuli National Historic Site in 

9 the State of Hawai’i as a unit of the Na10 tional Park System. 

11 (ii) BOUNDARIES.—The boundaries of 

12 the Historic Site shall be the boundaries 

13 generally depicted on the Map. 

14 (iii) AVAILABILITY OF MAP.—The 

15 Map shall be on file and available for pub16 lic inspection in appropriate offices of the 

17 National Park Service. 

18 (B) PURPOSES.—The purposes of the His19 toric Site are to preserve and interpret for the 

20 benefit of present and future generations the 

21 history associated with the internment and de22 tention of civilians of Japanese and other an23 cestries during World War II in Hawai’i, the 

24 impacts of war and martial law on society in 

25 the Hawaiian Islands, and the co-location and 


kjohnson on DSK79L0C42 with BILLS
419 

•S 47 PCS

1 diverse experiences of Prisoners of War at the 

2 Honouliuli Internment Camp site. 

3 (3) ADMINISTRATION.— 

4 (A) IN GENERAL.—The Secretary shall ad5 minister the Historic Site in accordance with 

6 this subsection and the laws generally applica7 ble to units of the National Park System, in8 cluding— 

9 (i) section 100101(a), chapter 1003, 

10 and sections 100751(a), 100752, 100753, 

11 and 102101 of title 54, United States 

12 Code; and 

13 (ii) chapter 3201 of title 54, United 

14 States Code. 

15 (B) PARTNERSHIPS.— 

16 (i) IN GENERAL.—The Secretary may 

17 enter into agreements with, or acquire 

18 easements from, the owners of property 

19 adjacent to the Historic Site to provide 

20 public access to the Historic Site. 

21 (ii) INTERPRETATION.—The Secretary 

22 may enter into cooperative agreements 

23 with governmental and nongovernmental 

24 organizations to provide for interpretation 

25 at the Historic Site. 


kjohnson on DSK79L0C42 with BILLS
420 

•S 47 PCS

1 (C) SHARED RESOURCES.—To the max2 imum extent practicable, the Secretary may use 

3 the resources of the Pearl Harbor National Me4 morial to administer the Historic Site. 

5 (4) ABOLISHMENT OF HONOULIULI NATIONAL

6 MONUMENT.— 

7 (A) IN GENERAL.—In light of the estab8 lishment of the Honouliuli National Historic 

9 Site, the Honouliuli National Monument is 

10 abolished and the lands and interests therein 

11 are incorporated within and made part of 

12 Honouliuli National Historic Site. Any funds 

13 available for purposes of Honouliuli National 

14 Monument shall be available for purposes of the 

15 Historic Site. 

16 (B) REFERENCES.—Any references in law 

17 (other than in this section), regulation, docu18 ment, record, map or other paper of the United 

19 States to Honouliuli National Monument shall 

20 be considered a reference to Honouliuli Na21 tional Historic Site. 


kjohnson on DSK79L0C42 with BILLS
421 

•S 47 PCS

1 Subtitle D—New Units of the 

2 National Park System 

3 SEC. 2301. MEDGAR AND MYRLIE EVERS HOME NATIONAL 

4 MONUMENT. 

5 (a) DEFINITIONS.—In this section: 

6 (1) COLLEGE.—The term ‘‘College’’ means 

7 Tougaloo College, a private educational institution 

8 located in Tougaloo, Mississippi. 

9 (2) HISTORIC DISTRICT.—The term ‘‘Historic 

10 District’’ means the Medgar Evers Historic District, 

11 as included on the National Register of Historic 

12 Places, and as generally depicted on the Map. 

13 (3) MAP.—The term ‘‘Map’’ means the map en14 titled ‘‘Medgar and Myrlie Evers Home National 

15 Monument’’, numbered 515/142561, and dated Sep16 tember 2018. 

17 (4) MONUMENT.—The term ‘‘Monument’’ 

18 means the Medgar and Myrlie Evers Home National 

19 Monument established by subsection (b). 

20 (5) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary, acting through the Director of the 

22 National Park Service. 

23 (b) ESTABLISHMENT.— 

24 (1) IN GENERAL.—Subject to paragraph (2), 

25 there is established the Medgar and Myrlie Evers 


kjohnson on DSK79L0C42 with BILLS
422 

•S 47 PCS

1 Home National Monument in the State of Mis2 sissippi as a unit of the National Park System to 

3 preserve, protect, and interpret for the benefit of 

4 present and future generations resources associated 

5 with the pivotal roles of Medgar and Myrlie Evers 

6 in the American Civil Rights Movement. 

7 (2) DETERMINATION BY THE SECRETARY.— 

8 The Monument shall not be established until the 

9 date on which the Secretary determines that a suffi10 cient quantity of land or interests in land has been 

11 acquired to constitute a manageable park unit. 

12 (c) BOUNDARIES.—The boundaries of the Monument 

13 shall be the boundaries generally depicted on the Map. 

14 (d) AVAILABILITY OF MAP.—The Map shall be on file 

15 and available for public inspection in the appropriate of16 fices of the National Park Service. 

17 (e) ACQUISITION AUTHORITY.—The Secretary may 

18 only acquire any land or interest in land located within 

19 the boundary of the Monument by— 

20 (1) donation; 

21 (2) purchase from a willing seller with donated 

22 or appropriated funds; or 

23 (3) exchange. 

24 (f) ADMINISTRATION.— 


kjohnson on DSK79L0C42 with BILLS
423 

•S 47 PCS

1 (1) IN GENERAL.—The Secretary shall admin2 ister the Monument in accordance with— 

3 (A) this section; and 

4 (B) the laws generally applicable to units 

5 of the National Park System, including— 

6 (i) section 100101(a), chapter 1003, 

7 and sections 100751(a), 100752, 100753, 

8 and 102101 of title 54, United States 

9 Code; and 

10 (ii) chapter 3201 of title 54, United 

11 States Code. 

12 (2) MANAGEMENT PLAN.— 

13 (A) IN GENERAL.—Not later than 3 years 

14 after the date on which funds are first made 

15 available to the Secretary for this purpose, the 

16 Secretary shall prepare a general management 

17 plan for the Monument in accordance with sec18 tion 100502 of title 54, United States Code. 

19 (B) SUBMISSION.—On completion of the 

20 general management plan under subparagraph 

21 (A), the Secretary shall submit it to the Com22 mittee on Natural Resources of the House of 

23 Representatives and the Committee on Energy 

24 and Natural Resources of the Senate. 

25 (g) AGREEMENTS.— 


kjohnson on DSK79L0C42 with BILLS
424 

•S 47 PCS

1 (1) MONUMENT.—The Secretary— 

2 (A) shall seek to enter into an agreement 

3 with the College to provide interpretive and 

4 educational services relating to the Monument; 

5 and 

6 (B) may enter into agreements with the 

7 College and other entities for the purposes of 

8 carrying out this section. 

9 (2) HISTORIC DISTRICT.—The Secretary may 

10 enter into agreements with the owner of a nationally 

11 significant property within the Historic District, to 

12 identify, mark, interpret, and provide technical as13 sistance with respect to the preservation and inter14 pretation of the property. 

15 SEC. 2302. MILL SPRINGS BATTLEFIELD NATIONAL MONU16 MENT. 

17 (a) DEFINITIONS.—In this section: 

18 (1) MAP.—The term ‘‘Map’’ means the map en19 titled ‘‘Mill Springs Battlefield National Monument, 

20 Nancy, Kentucky’’, numbered 297/145513, and 

21 dated June 2018. 

22 (2) MONUMENT.—The term ‘‘Monument’’ 

23 means the Mill Springs Battlefield National Monu24 ment established by subsection (b)(1). 


kjohnson on DSK79L0C42 with BILLS
425 

•S 47 PCS

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

2 the Secretary, acting through the Director of the 

3 National Park Service. 

4 (b) ESTABLISHMENT.— 

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 there is established as a unit of the National Park 

7 System, the Mill Springs Battlefield National Monu8 ment in the State of Kentucky, to preserve, protect, 

9 and interpret for the benefit of present and future 

10 generations— 

11 (A) the nationally significant historic re12 sources of the Mill Springs Battlefield; and 

13 (B) the role of the Mill Springs Battlefield 

14 in the Civil War. 

15 (2) DETERMINATION BY THE SECRETARY.— 

16 The Monument shall not be established until the 

17 date on which the Secretary determines that a suffi18 cient quantity of land or interests in land has been 

19 acquired to constitute a manageable park unit. 

20 (3) NOTICE.—Not later than 30 days after the 

21 date on which the Secretary makes a determination 

22 under paragraph (2), the Secretary shall publish in 

23 the Federal Register notice of the establishment of 

24 the Monument. 


kjohnson on DSK79L0C42 with BILLS
426 

•S 47 PCS

1 (4) BOUNDARY.—The boundary of the Monu2 ment shall be as generally depicted on the Map. 

3 (5) AVAILABILITY OF MAP.—The Map shall be 

4 on file and available for public inspection in the ap5 propriate offices of the National Park Service. 

6 (6) ACQUISITION AUTHORITY.—The Secretary 

7 may only acquire land or an interest in land located 

8 within the boundary of the Monument by— 

9 (A) donation; 

10 (B) purchase from a willing seller with do11 nated or appropriated funds; or 

12 (C) exchange. 

13 (c) ADMINISTRATION.— 

14 (1) IN GENERAL.—The Secretary shall admin15 ister the Monument in accordance with— 

16 (A) this section; and 

17 (B) the laws generally applicable to units 

18 of the National Park System, including— 

19 (i) section 100101(a), chapter 1003, 

20 and sections 100751(a), 100752, 100753, 

21 and 102101 of title 54, United States 

22 Code; and 

23 (ii) chapter 3201 of title 54, United 

24 States Code. 

25 (2) MANAGEMENT PLAN.— 


kjohnson on DSK79L0C42 with BILLS
427 

•S 47 PCS

1 (A) IN GENERAL.—Not later than 3 years 

2 after the date on which funds are first made 

3 available to prepare a general management plan 

4 for the Monument, the Secretary shall prepare 

5 the general management plan in accordance 

6 with section 100502 of title 54, United States 

7 Code. 

8 (B) SUBMISSION TO CONGRESS.—On com9 pletion of the general management plan, the 

10 Secretary shall submit to the Committee on 

11 Natural Resources of the House of Representa12 tives and the Committee on Energy and Nat13 ural Resources of the Senate the general man14 agement plan. 

15 (d) PRIVATE PROPERTY PROTECTION.—Nothing in 

16 this section affects the land use rights of private property 

17 owners within or adjacent to the Monument. 

18 (e) NO BUFFER ZONES.— 

19 (1) IN GENERAL.—Nothing in this section cre20 ates a protective perimeter or buffer zone around the 

21 Monument. 

22 (2) ACTIVITIES OUTSIDE NATIONAL MONU23 MENT.—The fact that an activity or use on land out24 side the Monument can be seen or heard within the 


kjohnson on DSK79L0C42 with BILLS
428 

•S 47 PCS

1 Monument shall not preclude the activity or use out2 side the boundary of the Monument. 

3 SEC. 2303. CAMP NELSON HERITAGE NATIONAL MONU4 MENT. 

5 (a) DEFINITIONS.—In this section: 

6 (1) MAP.—The term ‘‘Map’’ means the map en7 titled ‘‘Camp Nelson Heritage National Monument 

8 Nicholasville, Kentucky’’, numbered 532/144,148, 

9 and dated April 2018. 

10 (2) MONUMENT.—The term ‘‘Monument’’ 

11 means the Camp Nelson Heritage National Monu12 ment established by subsection (b)(1). 

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

14 the Secretary, acting through the Director of the 

15 National Park Service. 

16 (b) ESTABLISHMENT.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 there is established, as a unit of the National Park 

19 System, the Camp Nelson Heritage National Monu20 ment in the State of Kentucky, to preserve, protect, 

21 and interpret for the benefit of present and future 

22 generations, the nationally significant historic re23 sources of Camp Nelson and the role of Camp Nel24 son in the American Civil War, Reconstruction, and 

25 African American history and civil rights. 


kjohnson on DSK79L0C42 with BILLS
429 

•S 47 PCS

1 (2) CONDITIONS.—The Monument shall not be 

2 established until after the Secretary— 

3 (A) has entered into a written agreement 

4 with the owner of any private or non-Federal 

5 land within the boundary of the Monument, as 

6 depicted on the Map, providing that the prop7 erty shall be donated to the United States for 

8 inclusion in the Monument, to be managed con9 sistently with the purposes of the Monument; 

10 and 

11 (B) has determined that sufficient land or 

12 interests in land have been acquired within the 

13 boundary of the Monument to constitute a man14 ageable unit. 

15 (c) BOUNDARIES.—The boundaries of the Monument 

16 shall be the boundaries generally depicted on the Map. 

17 (d) AVAILABILITY OF MAP.—The Map shall be on file 

18 and available for public inspection in the appropriate of19 fices of the National Park Service. 

20 (e) ACQUISITION AUTHORITY.—The Secretary may 

21 only acquire any land or interest in land located within 

22 the boundary of the Monument by donation, purchase with 

23 donated or appropriated funds, or exchange. 

24 (f) ADMINISTRATION.— 


kjohnson on DSK79L0C42 with BILLS
430 

•S 47 PCS

1 (1) IN GENERAL.—The Secretary shall admin2 ister the Monument in accordance with— 

3 (A) this section; 

4 (B) Presidential Proclamation 9811 (83 

5 Fed. Reg. 54845 (October 31, 2018)); and 

6 (C) the laws generally applicable to units 

7 of the National Park System, including— 

8 (i) section 100101(a), chapter 1003, 

9 and sections 100751(a), 100752, 100753, 

10 and 102101 of title 54, United States 

11 Code; and 

12 (ii) chapter 3201 of title 54, United 

13 States Code. 

14 (2) MANAGEMENT PLAN.— 

15 (A) IN GENERAL.—Not later than 3 years 

16 after the date on which funds are first made 

17 available to the Secretary for the preparation of 

18 a general management plan for the Monument, 

19 the Secretary shall prepare a general manage20 ment plan for the Monument in accordance 

21 with section 100502 of title 54, United States 

22 Code. 

23 (B) SUBMISSION TO CONGRESS.—On com24 pletion of the general management plan, the 

25 Secretary shall submit to the Committee on EnVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
431 

•S 47 PCS

1 ergy and Natural Resources of the Senate and 

2 the Committee on Natural Resources of the 

3 House of Representatives the general manage4 ment plan. 

5 (g) NO BUFFER ZONES.— 

6 (1) IN GENERAL.—Nothing in this section cre7 ates a protective perimeter or buffer zone around the 

8 Monument. 

9 (2) ACTIVITIES OUTSIDE NATIONAL MONU10 MENT.—The fact that an activity or use on land out11 side the Monument can be seen or heard within the 

12 Monument shall not preclude the activity or use out13 side the boundary of the Monument. 

14 (h) CONFLICTS.—If there is conflict between this sec15 tion and Proclamation 9811 (83 Fed. Reg. 54845; Octo16 ber 31, 2018), this section shall control. 

17 Subtitle E—National Park System 

18 Management 

19 SEC. 2401. DENALI NATIONAL PARK AND PRESERVE NAT20 URAL GAS PIPELINE. 

21 (a) PERMIT.—Section 3(b)(1) of the Denali National 

22 Park Improvement Act (Public Law 113–33; 127 Stat. 

23 516) is amended by striking ‘‘within, along, or near the 

24 approximately 7-mile segment of the George Parks High25 way that runs through the Park’’. 


kjohnson on DSK79L0C42 with BILLS
432 

•S 47 PCS

1 (b) TERMS AND CONDITIONS.—Section 3(c)(1) of the 

2 Denali National Park Improvement Act (Public Law 113– 

3 33; 127 Stat. 516) is amended— 

4 (1) in subparagraph (A), by inserting ‘‘and’’ 

5 after the semicolon; 

6 (2) by striking subparagraph (B); and 

7 (3) by redesignating subparagraph (C) as sub8 paragraph (B). 

9 (c) APPLICABLE LAW.—Section 3 of the Denali Na10 tional Park Improvement Act (Public Law 113–33; 127 

11 Stat. 515) is amended by adding at the end the following: 

12 ‘‘(d) APPLICABLE LAW.—A high pressure gas trans13 mission pipeline (including appurtenances) in a nonwilder14 ness area within the boundary of the Park, shall not be 

15 subject to title XI of the Alaska National Interest Lands 

16 Conservation Act (16 U.S.C. 3161 et seq.).’’. 

17 SEC. 2402. HISTORICALLY BLACK COLLEGES AND UNIVER18 SITIES HISTORIC PRESERVATION PROGRAM 

19 REAUTHORIZED. 

20 Section 507(d)(2) of the Omnibus Parks and Public 

21 Lands Management Act of 1996 (54 U.S.C. 302101 note) 

22 is amended by striking the period at the end and inserting 

23 ‘‘and each of fiscal years 2018 through 2024.’’. 


kjohnson on DSK79L0C42 with BILLS
433 

•S 47 PCS

1 SEC. 2403. AUTHORIZING COOPERATIVE MANAGEMENT 

2 AGREEMENTS BETWEEN THE DISTRICT OF 

3 COLUMBIA AND THE SECRETARY OF THE IN4 TERIOR. 

5 The Secretary may enter into a cooperative manage6 ment agreement with the District of Columbia in accord7 ance with section 101703 of title 54, United States Code. 

8 SEC. 2404. FEES FOR MEDICAL SERVICES. 

9 (a) FEES AUTHORIZED.—The Secretary may estab10 lish and collect fees for medical services provided to per11 sons in units of the National Park System or for medical 

12 services provided by National Park Service personnel out13 side units of the National Park System. 

14 (b) NATIONAL PARK MEDICAL SERVICES FUND.— 

15 There is established in the Treasury a fund, to be known 

16 as the ‘‘National Park Medical Services Fund’’ (referred 

17 to in this section as the ‘‘Fund’’). The Fund shall consist 

18 of— 

19 (1) donations to the Fund; and 

20 (2) fees collected under subsection (a). 

21 (c) AVAILABILITY OF AMOUNTS.—All amounts depos22 ited into the Fund shall be available to the Secretary, to 

23 the extent provided in advance by Acts of appropriation, 

24 for the following in units of the National Park System: 

25 (1) Services listed in subsection (a). 


kjohnson on DSK79L0C42 with BILLS
434 

•S 47 PCS

1 (2) Preparing needs assessments or other pro2 grammatic analyses for medical facilities, equipment, 

3 vehicles, and other needs and costs of providing serv4 ices listed in subsection (a). 

5 (3) Developing management plans for medical 

6 facilities, equipment, vehicles, and other needs and 

7 costs of services listed in subsection (a). 

8 (4) Training related to providing services listed 

9 in subsection (a). 

10 (5) Obtaining or improving medical facilities, 

11 equipment, vehicles, and other needs and costs of 

12 providing services listed in subsection (a). 

13 SEC. 2405. AUTHORITY TO GRANT EASEMENTS AND 

14 RIGHTS-OF-WAY OVER FEDERAL LANDS 

15 WITHIN GATEWAY NATIONAL RECREATION 

16 AREA. 

17 Section 3 of Public Law 92–592 (16 U.S.C. 460cc– 

18 2) is amended by adding at the end the following: 

19 ‘‘(j) AUTHORITY TO GRANT EASEMENTS AND

20 RIGHTS-OF-WAY.— 

21 ‘‘(1) IN GENERAL.—The Secretary of the Inte22 rior may grant, to any State or local government, an 

23 easement or right-of-way over Federal lands within 

24 Gateway National Recreation Area for construction, 


kjohnson on DSK79L0C42 with BILLS
435 

•S 47 PCS

1 operation, and maintenance of projects for control 

2 and prevention of flooding and shoreline erosion. 

3 ‘‘(2) CHARGES AND REIMBURSEMENT OF

4 COSTS.—The Secretary may grant such an easement 

5 or right-of-way without charge for the value of the 

6 right so conveyed, except for reimbursement of costs 

7 incurred by the United States for processing the ap8 plication therefore and managing such right. 

9 Amounts received as such reimbursement shall be 

10 credited to the relevant appropriation account.’’. 

11 SEC. 2406. ADAMS MEMORIAL COMMISSION. 

12 (a) COMMISSION.—There is established a commission 

13 to be known as the ‘‘Adams Memorial Commission’’ (re14 ferred to in this section as the ‘‘Commission’’) for the pur15 pose of establishing a permanent memorial to honor John 

16 Adams and his legacy as authorized by Public Law 107– 

17 62 (115 Stat. 411), located in the city of Washington, Dis18 trict of Columbia, including sites authorized by Public 

19 Law 107–315 (116 Stat. 2763). 

20 (b) MEMBERSHIP.—The Commission shall be com21 posed of— 

22 (1) 4 persons appointed by the President, not 

23 more than 2 of whom may be members of the same 

24 political party; 


kjohnson on DSK79L0C42 with BILLS
436 

•S 47 PCS

1 (2) 4 Members of the Senate appointed by the 

2 President pro tempore of the Senate in consultation 

3 with the Majority Leader and Minority Leader of 

4 the Senate, of which not more than 2 appointees 

5 may be members of the same political party; and 

6 (3) 4 Members of the House of Representatives 

7 appointed by the Speaker of the House of Rep8 resentatives in consultation with the Majority Lead9 er and Minority Leader of the House of Representa10 tives, of which not more than 2 appointees may be 

11 members of the same political party. 

12 (c) CHAIR AND VICE CHAIR.—The members of the 

13 Commission shall select a Chair and Vice Chair of the 

14 Commission. The Chair and Vice Chair shall not be mem15 bers of the same political party. 

16 (d) VACANCIES.—Any vacancy in the Commission 

17 shall not affect its powers if a quorum is present, but shall 

18 be filled in the same manner as the original appointment. 

19 (e) MEETINGS.— 

20 (1) INITIAL MEETING.—Not later than 45 days 

21 after the date on which a majority of the members 

22 of the Commission have been appointed, the Com23 mission shall hold its first meeting. 

24 (2) SUBSEQUENT MEETINGS.—The Commission 

25 shall meet at the call of the Chair. 


kjohnson on DSK79L0C42 with BILLS
437 

•S 47 PCS

1 (f) QUORUM.—A majority of the members of the 

2 Commission shall constitute a quorum but a lesser number 

3 of members may hold hearings. 

4 (g) NO COMPENSATION.—A member of the Commis5 sion shall serve without compensation, but may be reim6 bursed for expenses incurred in carrying out the duties 

7 of the Commission. 

8 (h) DUTIES.—The Commission shall consider and 

9 formulate plans for a permanent memorial to honor John 

10 Adams and his legacy, including the nature, location, de11 sign, and construction of the memorial. 

12 (i) POWERS.—The Commission may— 

13 (1) make such expenditures for services and 

14 materials for the purpose of carrying out this section 

15 as the Commission considers advisable from funds 

16 appropriated or received as gifts for that purpose; 

17 (2) accept gifts, including funds from the 

18 Adams Memorial Foundation, to be used in carrying 

19 out this section or to be used in connection with the 

20 construction or other expenses of the memorial; and 

21 (3) hold hearings, enter into contracts for per22 sonal services and otherwise, and do such other 

23 things as are necessary to carry out this section. 

24 (j) REPORTS.—The Commission shall— 


kjohnson on DSK79L0C42 with BILLS
438 

•S 47 PCS

1 (1) report the plans required by subsection (h), 

2 together with recommendations, to the President 

3 and the Congress at the earliest practicable date; 

4 and 

5 (2) in the interim, make annual reports on its 

6 progress to the President and the Congress. 

7 (k) APPLICABILITY OF OTHER LAWS.—The Federal 

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

9 to the Commission. 

10 (l) TERMINATION.—The Commission shall terminate 

11 on December 2, 2025. 

12 (m) AMENDMENTS TO PUBLIC LAW 107–62.— 

13 (1) REFERENCES TO COMMISSION.—Public Law 

14 107–62 (115 Stat. 411) is amended by striking 

15 ‘‘Adams Memorial Foundation’’ each place it occurs 

16 and inserting ‘‘Adams Memorial Commission’’. 

17 (2) EXTENSION OF AUTHORIZATION.—Section 

18 1(c) of Public Law 107–62 (115 Stat. 411; 124 

19 Stat. 1192; 127 Stat. 3880) is amended by striking 

20 ‘‘2020’’ and inserting ‘‘2025’’. 

21 SEC. 2407. TECHNICAL CORRECTIONS TO REFERENCES TO 

22 THE AFRICAN AMERICAN CIVIL RIGHTS NET23 WORK. 

24 (a) CHAPTER AMENDMENTS.—Chapter 3084 of title 

25 54, United States Code, is amended by striking ‘‘U.S. 


kjohnson on DSK79L0C42 with BILLS
439 

•S 47 PCS

1 Civil Rights Network’’ each place it appears and inserting 

2 ‘‘African American Civil Rights Network’’ (using identical 

3 font as used in the text being replaced). 

4 (b) AMENDMENTS TO LIST OF ITEMS.—The list of 

5 items of title 54, United States Code, is amended by strik6 ing ‘‘U.S. Civil Rights Network’’ each place it appears and 

7 inserting ‘‘African American Civil Rights Network’’ (using 

8 identical font as used in the text being replaced). 

9 (c) REFERENCES.—Any reference in any law (other 

10 than in this section), regulation, document, record, map, 

11 or other paper of the United States to the ‘‘U.S. Civil 

12 Rights Network’’ shall be considered to be a reference to 

13 the ‘‘African American Civil Rights Network’’. 

14 SEC. 2408. TRANSFER OF THE JAMES J. HOWARD MARINE 

15 SCIENCES LABORATORY. 

16 Section 7 of Public Law 100–515 (16 U.S.C. 1244 

17 note) is amended by striking subsection (b) and inserting 

18 the following: 

19 ‘‘(b) TRANSFER FROM THE STATE TO THE NA20 TIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding any other 

22 provision of law, or the provisions of the August 13, 

23 1991, Ground Lease Agreement (‘Lease’) between 

24 the Department of the Interior and the State of New 

25 Jersey (‘State’), upon notice to the National Park 


kjohnson on DSK79L0C42 with BILLS
440 

•S 47 PCS

1 Service, the State may transfer without consider2 ation, and the National Oceanic and Atmospheric 

3 Administration may accept, all State improvements 

4 within the land assignment and right of way, includ5 ing the James J. Howard Marine Sciences Labora6 tory (‘Laboratory’), two parking lots, and the sea7 water supply and backflow pipes as generally de8 picted on the map entitled ‘Gateway National Recre9 ation Area, James J. Howard Marine Science Lab10 oratory Land Assignment’, numbered 646/142,581A, 

11 and dated April 2018 (‘Map’) and any related State 

12 personal property. 

13 ‘‘(2) LEASE AMENDMENT.—Upon the transfer 

14 authorized in paragraph (1), the Lease shall be 

15 amended to exclude any obligations of the State and 

16 the Department of the Interior related to the Lab17 oratory and associated property and improvements 

18 transferred to the National Oceanic and Atmos19 pheric Administration. However, all obligations of 

20 the State to rehabilitate Building 74 and modify 

21 landscaping on the surrounding property as depicted 

22 on the Map, under the Lease and pursuant to sub23 section (a), shall remain in full force and effect. 

24 ‘‘(3) USE BY THE NATIONAL OCEANIC AND AT25 MOSPHERIC ADMINISTRATION.—Upon the transfer 


kjohnson on DSK79L0C42 with BILLS
441 

•S 47 PCS

1 authorized in paragraph (1), the Administrator of 

2 the National Oceanic and Atmospheric Administra3 tion is authorized to use the land generally depicted 

4 on the Map as a land assignment and right of way 

5 and associated land and appurtenances for continued 

6 use of the Laboratory, including providing mainte7 nance and repair, and access to the Laboratory, the 

8 parking lots and the seawater supply and back flow 

9 pipes, without consideration, except for reimburse10 ment to the National Park Service of agreed upon 

11 reasonable actual costs of subsequently provided 

12 goods and services. 

13 ‘‘(4) AGREEMENT BETWEEN THE NATIONAL

14 PARK SERVICE AND THE NATIONAL OCEANIC AND

15 ATMOSPHERIC ADMINISTRATION.—Upon the transfer 

16 authorized in paragraph (1), the Director of the Na17 tional Park Service and the Administrator of the 

18 National Oceanic and Atmospheric Administration 

19 shall enter into an agreement addressing responsibil20 ities pertaining to the use of the land assignment 

21 within the Sandy Hook Unit of the Gateway Na22 tional Recreation Area as authorized in paragraph 

23 (3). The agreement shall prohibit any new construc24 tion on this land, permanent or nonpermanent, or 


kjohnson on DSK79L0C42 with BILLS
442 

•S 47 PCS

1 significant alteration to the exterior of the Labora2 tory, without National Park Service approval. 

3 ‘‘(5) RESTORATION.— 

4 ‘‘(A) Notwithstanding any provision of the 

5 Lease to the contrary, if the State does not 

6 transfer the improvements as authorized in 

7 paragraph (1), and these improvements are not 

8 used as or in support of a marine science lab9 oratory, the State shall demolish and remove 

10 the improvements and restore the land in ac11 cordance with the standards set forth by the 

12 National Park Service, free of unacceptable en13 cumbrances and in compliance with all applica14 ble laws and regulations regarding known con15 taminants. 

16 ‘‘(B) If the National Oceanic and Atmos17 pheric Administration accepts the improvements 

18 as authorized in paragraph (1) and these im19 provements are not used as or in support of a 

20 marine science laboratory, the National Oceanic 

21 and Atmospheric Administration shall be re22 sponsible for demolishing and removing these 

23 improvements and restoring the land, in accord24 ance with the standards set forth by the Na25 tional Park Service, free of unacceptable enVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
443 

•S 47 PCS

1 cumbrances and in compliance with all applica2 ble laws and regulations regarding known con3 taminants.’’. 

4 SEC. 2409. BOWS IN PARKS. 

5 (a) IN GENERAL.—Chapter 1049 of title 54, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 104908. Bows in parks 

9 ‘‘(a) DEFINITION OF NOT READY FOR IMMEDIATE

10 USE.—The term ‘not ready for immediate use’ means— 

11 ‘‘(1) a bow or crossbow, the arrows of which are 

12 secured or stowed in a quiver or other arrow trans13 port case; and 

14 ‘‘(2) with respect to a crossbow, uncocked. 

15 ‘‘(b) VEHICULAR TRANSPORTATION AUTHORIZED.— 

16 The Director shall not promulgate or enforce any regula17 tion that prohibits an individual from transporting bows 

18 and crossbows that are not ready for immediate use across 

19 any System unit in the vehicle of the individual if— 

20 ‘‘(1) the individual is not otherwise prohibited 

21 by law from possessing the bows and crossbows; 

22 ‘‘(2) the bows or crossbows that are not ready 

23 for immediate use remain inside the vehicle of the 

24 individual throughout the period during which the 


kjohnson on DSK79L0C42 with BILLS
444 

•S 47 PCS

1 bows or crossbows are transported across System 

2 land; and 

3 ‘‘(3) the possession of the bows and crossbows 

4 is in compliance with the law of the State in which 

5 the System unit is located.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 for chapter 1049 of title 54, United States Code, is 

8 amended by inserting after the item relating to section 

9 104907 the following: 

‘‘104908. Bows in parks.’’. 

10 SEC. 2410. WILDLIFE MANAGEMENT IN PARKS. 

11 (a) IN GENERAL.—Chapter 1049 of title 54, United 

12 States Code (as amended by section 2409(a)), is amended 

13 by adding at the end the following: 

14 ‘‘§ 104909. Wildlife management in parks 

15 ‘‘(a) USE OF QUALIFIED VOLUNTEERS.—If the Sec16 retary determines it is necessary to reduce the size of a 

17 wildlife population on System land in accordance with ap18 plicable law (including regulations), the Secretary may use 

19 qualified volunteers to assist in carrying out wildlife man20 agement on System land. 

21 ‘‘(b) REQUIREMENTS FOR QUALIFIED VOLUN22 TEERS.—Qualified volunteers providing assistance under 

23 subsection (a) shall be subject to— 

24 ‘‘(1) any training requirements or qualifications 

25 established by the Secretary; and 


kjohnson on DSK79L0C42 with BILLS
445 

•S 47 PCS

1 ‘‘(2) any other terms and conditions that the 

2 Secretary may require. 

3 ‘‘(c) DONATIONS.—The Secretary may authorize the 

4 donation and distribution of meat from wildlife manage5 ment activities carried out under this section, including 

6 the donation and distribution to Indian Tribes, qualified 

7 volunteers, food banks, and other organizations that work 

8 to address hunger, in accordance with applicable health 

9 guidelines and such terms and conditions as the Secretary 

10 may require.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 for chapter 1049 of title 54 (as amended by section 

13 2409(b)), United States Code, is amended by inserting 

14 after the item relating to section 104908 the following: 

‘‘104909. Wildlife management in parks.’’. 

15 Subtitle F—National Trails and 

16 Related Matters 

17 SEC. 2501. NORTH COUNTRY SCENIC TRAIL ROUTE ADJUST18 MENT. 

19 Section 5(a)(8) of the National Trails System Act (16 

20 U.S.C. 1244(a)(8)) is amended in the first sentence— 

21 (1) by striking ‘‘thirty two hundred miles, ex22 tending from eastern New York State’’ and inserting 

23 ‘‘4,600 miles, extending from the Appalachian Trail 

24 in Vermont’’; and 


kjohnson on DSK79L0C42 with BILLS
446 

•S 47 PCS

1 (2) by striking ‘‘Proposed North Country Trail’’ 

2 and all that follows through ‘‘June 1975.’’ and in3 serting ‘‘ ‘North Country National Scenic Trail, Au4 thorized Route’, dated February 2014, and num5 bered 649/116870.’’. 

6 SEC. 2502. EXTENSION OF LEWIS AND CLARK NATIONAL 

7 HISTORIC TRAIL. 

8 (a) EXTENSION.—Section 5(a)(6) of the National 

9 Trails System Act (16 U.S.C. 1244(a)(6)) is amended— 

10 (1) by striking ‘‘three thousand seven hundred’’ 

11 and inserting ‘‘4,900’’; 

12 (2) by striking ‘‘Wood River, Illinois,’’ and in13 serting ‘‘the Ohio River in Pittsburgh, Pennsyl14 vania,’’; and 

15 (3) by striking ‘‘maps identified as, ‘Vicinity 

16 Map, Lewis and Clark Trail’ study report dated 

17 April 1977.’’ and inserting ‘‘the map entitled ‘Lewis 

18 and Clark National Historic Trail Authorized Trail 

19 Including Proposed Eastern Legacy Extension’, 

20 dated April 2018, and numbered 648/143721.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall take effect on the date that is 60 days 

23 after the date of enactment of this Act. 

24 SEC. 2503. AMERICAN DISCOVERY TRAIL SIGNAGE. 

25 (a) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42 with BILLS
447 

•S 47 PCS

1 (1) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary, with respect to Federal 

4 land under the jurisdiction of the Secretary; or 

5 (B) the Secretary of Agriculture, with re6 spect to Federal land under the jurisdiction of 

7 the Secretary of Agriculture. 

8 (2) TRAIL.—The term ‘‘Trail’’ means the trail 

9 known as the ‘‘American Discovery Trail’’, which 

10 consists of approximately 6,800 miles of trails ex11 tending from Cape Henlopen State Park in Dela12 ware to Point Reyes National Seashore in California, 

13 as generally described in volume 2 of the National 

14 Park Service feasibility study dated June 1995. 

15 (b) SIGNAGE AUTHORIZED.—As soon as practicable 

16 after the date on which signage acceptable to the Sec17 retary concerned is donated to the United States for place18 ment on Federal land at points along the Trail, the Sec19 retary concerned shall place the signage on the Federal 

20 land. 

21 (c) NO FEDERAL FUNDS.—No Federal funds may be 

22 used to acquire signage authorized for placement under 

23 subsection (b). 


kjohnson on DSK79L0C42 with BILLS
448 

•S 47 PCS

1 SEC. 2504. PIKE NATIONAL HISTORIC TRAIL STUDY. 

2 Section 5(c) of the National Trails System Act (16 

3 U.S.C. 1244(c)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(46) PIKE NATIONAL HISTORIC TRAIL.—The 

6 Pike National Historic Trail, a series of routes ex7 tending approximately 3,664 miles, which follows the 

8 route taken by Lt. Zebulon Montgomery Pike during 

9 the 1806–1807 Pike expedition that began in Fort 

10 Bellefontaine, Missouri, extended through portions 

11 of the States of Kansas, Nebraska, Colorado, New 

12 Mexico, and Texas, and ended in Natchitoches, Lou13 isiana.’’. 

14 TITLE III—CONSERVATION 

15 REAUTHORIZATION 

16 SEC. 3001. REAUTHORIZATION OF LAND AND WATER CON17 SERVATION FUND. 

18 (a) IN GENERAL.—Section 200302 of title 54, United 

19 States Code, is amended— 

20 (1) in subsection (b), in the matter preceding 

21 paragraph (1), by striking ‘‘During the period end22 ing September 30, 2018, there’’ and inserting 

23 ‘‘There’’; and 

24 (2) in subsection (c)(1), by striking ‘‘through 

25 September 30, 2018’’. 


kjohnson on DSK79L0C42 with BILLS
449 

•S 47 PCS

1 (b) ALLOCATION OF FUNDS.—Section 200304 of title 

2 54, United States Code, is amended— 

3 (1) by striking the second sentence; 

4 (2) by striking ‘‘There’’ and inserting the fol5 lowing: 

6 ‘‘(a) IN GENERAL.—There’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(b) ALLOCATION OF FUNDS.—Of the total amount 

9 made available to the Fund through appropriations or de10 posited in the Fund under section 105(a)(2)(B) of the 

11 Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 

12 1331 note; Public Law 109–432)— 

13 ‘‘(1) not less than 40 percent shall be used for 

14 Federal purposes; and 

15 ‘‘(2) not less than 40 percent shall be used to 

16 provide financial assistance to States.’’. 

17 (c) PARITY FOR TERRITORIES AND THE DISTRICT OF

18 COLUMBIA.—Section 200305(b) of title 54, United States 

19 Code, is amended by striking paragraph (5). 

20 (d) RECREATIONAL PUBLIC ACCESS.—Section 

21 200306 of title 54, United States Code, is amended by 

22 adding at the end the following: 

23 ‘‘(c) RECREATIONAL PUBLIC ACCESS.— 

24 ‘‘(1) IN GENERAL.—Of the amounts made 

25 available for expenditure in any fiscal year under 


kjohnson on DSK79L0C42 with BILLS
450 

•S 47 PCS

1 section 200303, there shall be made available for 

2 recreational public access projects identified on the 

3 priority list developed under paragraph (2) not less 

4 than the greater of— 

5 ‘‘(A) an amount equal to 3 percent of 

6 those amounts; or 

7 ‘‘(B) $15,000,000. 

8 ‘‘(2) PRIORITY LIST.—The Secretary and the 

9 Secretary of Agriculture, in consultation with the 

10 head of each affected Federal agency, shall annually 

11 develop a priority list for projects that, through ac12 quisition of land (or an interest in land), secure rec13 reational public access to Federal land under the ju14 risdiction of the applicable Secretary for hunting, 

15 fishing, recreational shooting, or other outdoor rec16 reational purposes.’’. 

17 (e) ACQUISITION CONSIDERATIONS.—Section 200306 

18 of title 54, United States Code (as amended by subsection 

19 (d)), is amended by adding at the end the following: 

20 ‘‘(d) ACQUISITION CONSIDERATIONS.—In deter21 mining whether to acquire land (or an interest in land) 

22 under this section, the Secretary and the Secretary of Ag23 riculture shall take into account— 

24 ‘‘(1) the significance of the acquisition; 

25 ‘‘(2) the urgency of the acquisition; 


kjohnson on DSK79L0C42 with BILLS
451 

•S 47 PCS

1 ‘‘(3) management efficiencies; 

2 ‘‘(4) management cost savings; 

3 ‘‘(5) geographic distribution; 

4 ‘‘(6) threats to the integrity of the land; and 

5 ‘‘(7) the recreational value of the land.’’. 

6 TITLE IV—SPORTSMEN’S ACCESS 

7 AND RELATED MATTERS 

8 Subtitle A—National Policy 

9 SEC. 4001. CONGRESSIONAL DECLARATION OF NATIONAL 

10 POLICY. 

11 (a) IN GENERAL.—Congress declares that it is the 

12 policy of the United States that Federal departments and 

13 agencies, in accordance with the missions of the depart14 ments and agencies, Executive Orders 12962 and 13443 

15 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Reg. 46537 

16 (August 16, 2007)), and applicable law, shall— 

17 (1) facilitate the expansion and enhancement of 

18 hunting, fishing, and recreational shooting opportu19 nities on Federal land, in consultation with the 

20 Wildlife and Hunting Heritage Conservation Coun21 cil, the Sport Fishing and Boating Partnership 

22 Council, State and Tribal fish and wildlife agencies, 

23 and the public; 

24 (2) conserve and enhance aquatic systems and 

25 the management of game species and the habitat of 


kjohnson on DSK79L0C42 with BILLS
452 

•S 47 PCS

1 those species on Federal land, including through 

2 hunting and fishing, in a manner that respects— 

3 (A) State management authority over wild4 life resources; and 

5 (B) private property rights; and 

6 (3) consider hunting, fishing, and recreational 

7 shooting opportunities as part of all Federal plans 

8 for land, resource, and travel management. 

9 (b) EXCLUSION.—In this title, the term ‘‘fishing’’ 

10 does not include commercial fishing in which fish are har11 vested, either in whole or in part, that are intended to 

12 enter commerce through sale. 

13 Subtitle B—Sportsmen’s Access to 

14 Federal Land 

15 SEC. 4101. DEFINITIONS. 

16 In this subtitle: 

17 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

18 means— 

19 (A) any land in the National Forest Sys20 tem (as defined in section 11(a) of the Forest 

21 and Rangeland Renewable Resources Planning 

22 Act of 1974 (16 U.S.C. 1609(a))) that is ad23 ministered by the Secretary of Agriculture, act24 ing through the Chief of the Forest Service; 

25 and 


kjohnson on DSK79L0C42 with BILLS
453 

•S 47 PCS

1 (B) public lands (as defined in section 103 

2 of the Federal Land Policy and Management 

3 Act of 1976 (43 U.S.C. 1702)), the surface of 

4 which is administered by the Secretary, acting 

5 through the Director of the Bureau of Land 

6 Management. 

7 (2) SECRETARY CONCERNED.—The term ‘‘Sec8 retary concerned’’ means— 

9 (A) the Secretary of Agriculture, with re10 spect to land described in paragraph (1)(A); 

11 and 

12 (B) the Secretary, with respect to land de13 scribed in paragraph (1)(B). 

14 SEC. 4102. FEDERAL LAND OPEN TO HUNTING, FISHING, 

15 AND RECREATIONAL SHOOTING. 

16 (a) IN GENERAL.—Subject to subsection (b), Federal 

17 land shall be open to hunting, fishing, and recreational 

18 shooting, in accordance with applicable law, unless the 

19 Secretary concerned closes an area in accordance with sec20 tion 4103. 

21 (b) EFFECT OF PART.—Nothing in this subtitle 

22 opens to hunting, fishing, or recreational shooting any 

23 land that is not open to those activities as of the date 

24 of enactment of this Act. 


kjohnson on DSK79L0C42 with BILLS
454 

•S 47 PCS

1 SEC. 4103. CLOSURE OF FEDERAL LAND TO HUNTING, FISH2 ING, AND RECREATIONAL SHOOTING. 

3 (a) AUTHORIZATION.— 

4 (1) IN GENERAL.—Subject to paragraph (2) 

5 and in accordance with section 302(b) of the Federal 

6 Land Policy and Management Act of 1976 (43 

7 U.S.C. 1732(b)), the Secretary concerned may des8 ignate any area on Federal land in which, and estab9 lish any period during which, for reasons of public 

10 safety, administration, or compliance with applicable 

11 laws, no hunting, fishing, or recreational shooting 

12 shall be permitted. 

13 (2) REQUIREMENT.—In making a designation 

14 under paragraph (1), the Secretary concerned shall 

15 designate the smallest area for the least amount of 

16 time that is required for public safety, administra17 tion, or compliance with applicable laws. 

18 (b) CLOSURE PROCEDURES.— 

19 (1) IN GENERAL.—Except in an emergency, be20 fore permanently or temporarily closing any Federal 

21 land to hunting, fishing, or recreational shooting, 

22 the Secretary concerned shall— 

23 (A) consult with State fish and wildlife 

24 agencies; and 

25 (B) provide public notice and opportunity 

26 for comment under paragraph (2). 


kjohnson on DSK79L0C42 with BILLS
455 

•S 47 PCS

1 (2) PUBLIC NOTICE AND COMMENT.— 

2 (A) IN GENERAL.—Public notice and com3 ment shall include— 

4 (i) a notice of intent— 

5 (I) published in advance of the 

6 public comment period for the clo7 sure— 

8 (aa) in the Federal Register; 

9 (bb) on the website of the 

10 applicable Federal agency; 

11 (cc) on the website of the 

12 Federal land unit, if available; 

13 and 

14 (dd) in at least 1 local news15 paper; 

16 (II) made available in advance of 

17 the public comment period to local of18 fices, chapters, and affiliate organiza19 tions in the vicinity of the closure that 

20 are signatories to the memorandum of 

21 understanding entitled ‘‘Federal 

22 Lands Hunting, Fishing, and Shoot23 ing Sports Roundtable Memorandum 

24 of Understanding’’; and 

25 (III) that describes— 


kjohnson on DSK79L0C42 with BILLS
456 

•S 47 PCS

1 (aa) the proposed closure; 

2 and 

3 (bb) the justification for the 

4 proposed closure, including an 

5 explanation of the reasons and 

6 necessity for the decision to close 

7 the area to hunting, fishing, or 

8 recreational shooting; and 

9 (ii) an opportunity for public comment 

10 for a period of— 

11 (I) not less than 60 days for a 

12 permanent closure; or 

13 (II) not less than 30 days for a 

14 temporary closure. 

15 (B) FINAL DECISION.—In a final decision 

16 to permanently or temporarily close an area to 

17 hunting, fishing, or recreation shooting, the 

18 Secretary concerned shall— 

19 (i) respond in a reasoned manner to 

20 the comments received; 

21 (ii) explain how the Secretary con22 cerned resolved any significant issues 

23 raised by the comments; and 

24 (iii) show how the resolution led to 

25 the closure. 


kjohnson on DSK79L0C42 with BILLS
457 

•S 47 PCS

1 (c) TEMPORARY CLOSURES.— 

2 (1) IN GENERAL.—A temporary closure under 

3 this section may not exceed a period of 180 days. 

4 (2) RENEWAL.—Except in an emergency, a 

5 temporary closure for the same area of land closed 

6 to the same activities— 

7 (A) may not be renewed more than 3 times 

8 after the first temporary closure; and 

9 (B) must be subject to a separate notice 

10 and comment procedure in accordance with sub11 section (b)(2). 

12 (3) EFFECT OF TEMPORARY CLOSURE.—Any 

13 Federal land that is temporarily closed to hunting, 

14 fishing, or recreational shooting under this section 

15 shall not become permanently closed to that activity 

16 without a separate public notice and opportunity to 

17 comment in accordance with subsection (b)(2). 

18 (d) REPORTING.—On an annual basis, the Secre19 taries concerned shall— 

20 (1) publish on a public website a list of all 

21 areas of Federal land temporarily or permanently 

22 subject to a closure under this section; and 

23 (2) submit to the Committee on Energy and 

24 Natural Resources and the Committee on Agri25 culture, Nutrition, and Forestry of the Senate and 


kjohnson on DSK79L0C42 with BILLS
458 

•S 47 PCS

1 the Committee on Natural Resources and the Com2 mittee on Agriculture of the House of Representa3 tives a report that identifies— 

4 (A) a list of each area of Federal land tem5 porarily or permanently subject to a closure; 

6 (B) the acreage of each closure; and 

7 (C) a survey of— 

8 (i) the aggregate areas and acreage 

9 closed under this section in each State; 

10 and 

11 (ii) the percentage of Federal land in 

12 each State closed under this section with 

13 respect to hunting, fishing, and rec14 reational shooting. 

15 (e) APPLICATION.—This section shall not apply if the 

16 closure is— 

17 (1) less than 14 days in duration; and 

18 (2) covered by a special use permit. 

19 SEC. 4104. SHOOTING RANGES. 

20 (a) IN GENERAL.—Except as provided in subsection 

21 (b), the Secretary concerned may, in accordance with this 

22 section and other applicable law, lease or permit the use 

23 of Federal land for a shooting range. 


kjohnson on DSK79L0C42 with BILLS
459 

•S 47 PCS

1 (b) EXCEPTION.—The Secretary concerned shall not 

2 lease or permit the use of Federal land for a shooting 

3 range within— 

4 (1) a component of the National Landscape 

5 Conservation System; 

6 (2) a component of the National Wilderness 

7 Preservation System; 

8 (3) any area that is— 

9 (A) designated as a wilderness study area; 

10 (B) administratively classified as— 

11 (i) wilderness-eligible; or 

12 (ii) wilderness-suitable; or 

13 (C) a primitive or semiprimitive area; 

14 (4) a national monument, national volcanic 

15 monument, or national scenic area; or 

16 (5) a component of the National Wild and Sce17 nic Rivers System (including areas designated for 

18 study for potential addition to the National Wild 

19 and Scenic Rivers System). 

20 SEC. 4105. IDENTIFYING OPPORTUNITIES FOR RECRE21 ATION, HUNTING, AND FISHING ON FEDERAL 

22 LAND. 

23 (a) DEFINITIONS.—In this section: 

24 (1) SECRETARY.—The term ‘‘Secretary’’ 

25 means— 


kjohnson on DSK79L0C42 with BILLS
460 

•S 47 PCS

1 (A) the Secretary, with respect to land ad2 ministered by— 

3 (i) the Director of the National Park 

4 Service; 

5 (ii) the Director of the United States 

6 Fish and Wildlife Service; and 

7 (iii) the Director of the Bureau of 

8 Land Management; and 

9 (B) the Secretary of Agriculture, with re10 spect to land administered by the Chief of the 

11 Forest Service. 

12 (2) STATE OR REGIONAL OFFICE.—The term 

13 ‘‘State or regional office’’ means— 

14 (A) a State office of the Bureau of Land 

15 Management; or 

16 (B) a regional office of— 

17 (i) the National Park Service; 

18 (ii) the United States Fish and Wild19 life Service; or 

20 (iii) the Forest Service. 

21 (3) TRAVEL MANAGEMENT PLAN.—The term 

22 ‘‘travel management plan’’ means a plan for the 

23 management of travel— 

24 (A) with respect to land under the jurisdic25 tion of the National Park Service, on park 


kjohnson on DSK79L0C42 with BILLS
461 

•S 47 PCS

1 roads and designated routes under section 4.10 

2 of title 36, Code of Federal Regulations (or suc3 cessor regulations); 

4 (B) with respect to land under the jurisdic5 tion of the United States Fish and Wildlife 

6 Service, on the land under a comprehensive con7 servation plan prepared under section 4(e) of 

8 the National Wildlife Refuge System Adminis9 tration Act of 1966 (16 U.S.C. 668dd(e)); 

10 (C) with respect to land under the jurisdic11 tion of the Forest Service, on National Forest 

12 System land under part 212 of title 36, Code 

13 of Federal Regulations (or successor regula14 tions); and 

15 (D) with respect to land under the jurisdic16 tion of the Bureau of Land Management, under 

17 a resource management plan developed under 

18 the Federal Land Policy and Management Act 

19 of 1976 (43 U.S.C. 1701 et seq.). 

20 (b) PRIORITY LISTS REQUIRED.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this Act, and biennially 

23 thereafter during the 10-year period beginning on 

24 the date on which the first priority list is completed, 

25 the Secretary shall prepare a priority list, to be 


kjohnson on DSK79L0C42 with BILLS
462 

•S 47 PCS

1 made publicly available on the website of the appli2 cable Federal agency referred to in subsection 

3 (a)(1), which shall identify the location and acreage 

4 of land within the jurisdiction of each State or re5 gional office on which the public is allowed, under 

6 Federal or State law, to hunt, fish, or use the land 

7 for other recreational purposes but— 

8 (A) to which there is no public access or 

9 egress; or 

10 (B) to which public access or egress to the 

11 legal boundaries of the land is significantly re12 stricted (as determined by the Secretary). 

13 (2) MINIMUM SIZE.—Any land identified under 

14 paragraph (1) shall consist of contiguous acreage of 

15 at least 640 acres. 

16 (3) CONSIDERATIONS.—In preparing the pri17 ority list required under paragraph (1), the Sec18 retary shall consider, with respect to the land— 

19 (A) whether access is absent or merely re20 stricted, including the extent of the restriction; 

21 (B) the likelihood of resolving the absence 

22 of or restriction to public access; 

23 (C) the potential for recreational use; 


kjohnson on DSK79L0C42 with BILLS
463 

•S 47 PCS

1 (D) any information received from the 

2 public or other stakeholders during the nomina3 tion process described in paragraph (5); and 

4 (E) any other factor, as determined by the 

5 Secretary. 

6 (4) ADJACENT LAND STATUS.—For each parcel 

7 of land on the priority list, the Secretary shall in8 clude in the priority list whether resolving the issue 

9 of public access or egress to the land would require 

10 acquisition of an easement, right-of-way, or fee title 

11 from— 

12 (A) another Federal agency; 

13 (B) a State, local, or Tribal government; 

14 or 

15 (C) a private landowner. 

16 (5) NOMINATION PROCESS.—In preparing a pri17 ority list under this section, the Secretary shall pro18 vide an opportunity for members of the public to 

19 nominate parcels for inclusion on the priority list. 

20 (c) ACCESS OPTIONS.—With respect to land included 

21 on a priority list described in subsection (b), the Secretary 

22 shall develop and submit to the Committees on Appropria23 tions and Energy and Natural Resources of the Senate 

24 and the Committees on Appropriations and Natural ReVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
464 

•S 47 PCS

1 sources of the House of Representatives a report on op2 tions for providing access that— 

3 (1) identifies how public access and egress 

4 could reasonably be provided to the legal boundaries 

5 of the land in a manner that minimizes the impact 

6 on wildlife habitat and water quality; 

7 (2) specifies the steps recommended to secure 

8 the access and egress, including acquiring an ease9 ment, right-of-way, or fee title from a willing owner 

10 of any land that abuts the land or the need to co11 ordinate with State land management agencies or 

12 other Federal, State, or Tribal governments to allow 

13 for such access and egress; and 

14 (3) is consistent with the travel management 

15 plan in effect on the land. 

16 (d) PROTECTION OF PERSONALLY IDENTIFYING IN17 FORMATION.—In making the priority list and report pre18 pared under subsections (b) and (c) available, the Sec19 retary shall ensure that no personally identifying informa20 tion is included, such as names or addresses of individuals 

21 or entities. 

22 (e) WILLING OWNERS.—For purposes of providing 

23 any permits to, or entering into agreements with, a State, 

24 local, or Tribal government or private landowner with re25 spect to the use of land under the jurisdiction of the govVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
465 

•S 47 PCS

1 ernment or landowner, the Secretary shall not take into 

2 account whether the State, local, or Tribal government or 

3 private landowner has granted or denied public access or 

4 egress to the land. 

5 (f) MEANS OF PUBLIC ACCESS AND EGRESS IN6 CLUDED.—In considering public access and egress under 

7 subsections (b) and (c), the Secretary shall consider public 

8 access and egress to the legal boundaries of the land de9 scribed in those subsections, including access and egress— 

10 (1) by motorized or non-motorized vehicles; and 

11 (2) on foot or horseback. 

12 (g) EFFECT.— 

13 (1) IN GENERAL.—This section shall have no 

14 effect on whether a particular recreational use shall 

15 be allowed on the land included in a priority list 

16 under this section. 

17 (2) EFFECT OF ALLOWABLE USES ON AGENCY

18 CONSIDERATION.—In preparing the priority list 

19 under subsection (b), the Secretary shall only con20 sider recreational uses that are allowed on the land 

21 at the time that the priority list is prepared. 


kjohnson on DSK79L0C42 with BILLS
466 

•S 47 PCS

1 Subtitle C—Open Book on Equal 

2 Access to Justice 

3 SEC. 4201. FEDERAL ACTION TRANSPARENCY. 

4 (a) MODIFICATION OF EQUAL ACCESS TO JUSTICE

5 PROVISIONS.— 

6 (1) AGENCY PROCEEDINGS.—Section 504 of 

7 title 5, United States Code, is amended— 

8 (A) in subsection (c)(1), by striking ‘‘, 

9 United States Code’’; 

10 (B) by redesignating subsection (f) as sub11 section (i); and 

12 (C) by striking subsection (e) and inserting 

13 the following: 

14 ‘‘(e)(1) Not later than March 31 of the first fiscal 

15 year beginning after the date of enactment of the Natural 

16 Resources Management Act, and every fiscal year there17 after, the Chairman of the Administrative Conference of 

18 the United States, after consultation with the Chief Coun19 sel for Advocacy of the Small Business Administration, 

20 shall submit to Congress and make publicly available on21 line a report on the amount of fees and other expenses 

22 awarded during the preceding fiscal year under this sec23 tion. 

24 ‘‘(2) Each report under paragraph (1) shall describe 

25 the number, nature, and amount of the awards, the claims 


kjohnson on DSK79L0C42 with BILLS
467 

•S 47 PCS

1 involved in the controversy, and any other relevant infor2 mation that may aid Congress in evaluating the scope and 

3 impact of such awards. 

4 ‘‘(3)(A) Each report under paragraph (1) shall ac5 count for all payments of fees and other expenses awarded 

6 under this section that are made pursuant to a settlement 

7 agreement, regardless of whether the settlement agree8 ment is sealed or otherwise subject to a nondisclosure pro9 vision. 

10 ‘‘(B) The disclosure of fees and other expenses re11 quired under subparagraph (A) shall not affect any other 

12 information that is subject to a nondisclosure provision in 

13 a settlement agreement. 

14 ‘‘(f) As soon as practicable, and in any event not later 

15 than the date on which the first report under subsection 

16 (e)(1) is required to be submitted, the Chairman of the 

17 Administrative Conference of the United States shall cre18 ate and maintain online a searchable database containing, 

19 with respect to each award of fees and other expenses 

20 under this section made on or after the date of enactment 

21 of the Natural Resources Management Act, the following 

22 information: 

23 ‘‘(1) The case name and number of the adver24 sary adjudication, if available, hyperlinked to the 

25 case, if available. 


kjohnson on DSK79L0C42 with BILLS
468 

•S 47 PCS

1 ‘‘(2) The name of the agency involved in the 

2 adversary adjudication. 

3 ‘‘(3) A description of the claims in the adver4 sary adjudication. 

5 ‘‘(4) The name of each party to whom the 

6 award was made as such party is identified in the 

7 order or other court document making the award. 

8 ‘‘(5) The amount of the award. 

9 ‘‘(6) The basis for the finding that the position 

10 of the agency concerned was not substantially justi11 fied. 

12 ‘‘(g) The online searchable database described in sub13 section (f) may not reveal any information the disclosure 

14 of which is prohibited by law or a court order. 

15 ‘‘(h) The head of each agency shall provide to the 

16 Chairman of the Administrative Conference of the United 

17 States in a timely manner all information requested by 

18 the Chairman to comply with the requirements of sub19 sections (e), (f), and (g).’’. 

20 (2) COURT CASES.—Section 2412(d) of title 28, 

21 United States Code, is amended by adding at the 

22 end the following: 

23 ‘‘(5)(A) Not later than March 31 of the first fiscal 

24 year beginning after the date of enactment of the Natural 

25 Resources Management Act, and every fiscal year thereVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
469 

•S 47 PCS

1 after, the Chairman of the Administrative Conference of 

2 the United States shall submit to Congress and make pub3 licly available online a report on the amount of fees and 

4 other expenses awarded during the preceding fiscal year 

5 pursuant to this subsection. 

6 ‘‘(B) Each report under subparagraph (A) shall de7 scribe the number, nature, and amount of the awards, the 

8 claims involved in the controversy, and any other relevant 

9 information that may aid Congress in evaluating the scope 

10 and impact of such awards. 

11 ‘‘(C)(i) Each report under subparagraph (A) shall ac12 count for all payments of fees and other expenses awarded 

13 under this subsection that are made pursuant to a settle14 ment agreement, regardless of whether the settlement 

15 agreement is sealed or otherwise subject to a nondisclosure 

16 provision. 

17 ‘‘(ii) The disclosure of fees and other expenses re18 quired under clause (i) shall not affect any other informa19 tion that is subject to a nondisclosure provision in a settle20 ment agreement. 

21 ‘‘(D) The Chairman of the Administrative Conference 

22 of the United States shall include and clearly identify in 

23 each annual report under subparagraph (A), for each case 

24 in which an award of fees and other expenses is included 

25 in the report— 


kjohnson on DSK79L0C42 with BILLS
470 

•S 47 PCS

1 ‘‘(i) any amounts paid under section 1304 of 

2 title 31 for a judgment in the case; 

3 ‘‘(ii) the amount of the award of fees and other 

4 expenses; and 

5 ‘‘(iii) the statute under which the plaintiff filed 

6 suit. 

7 ‘‘(6) As soon as practicable, and in any event not 

8 later than the date on which the first report under para9 graph (5)(A) is required to be submitted, the Chairman 

10 of the Administrative Conference of the United States 

11 shall create and maintain online a searchable database 

12 containing, with respect to each award of fees and other 

13 expenses under this subsection made on or after the date 

14 of enactment of the Natural Resources Management Act, 

15 the following information: 

16 ‘‘(A) The case name and number, hyperlinked 

17 to the case, if available. 

18 ‘‘(B) The name of the agency involved in the 

19 case. 

20 ‘‘(C) The name of each party to whom the 

21 award was made as such party is identified in the 

22 order or other court document making the award. 

23 ‘‘(D) A description of the claims in the case. 

24 ‘‘(E) The amount of the award. 


kjohnson on DSK79L0C42 with BILLS
471 

•S 47 PCS

1 ‘‘(F) The basis for the finding that the position 

2 of the agency concerned was not substantially justi3 fied. 

4 ‘‘(7) The online searchable database described in 

5 paragraph (6) may not reveal any information the disclo6 sure of which is prohibited by law or a court order. 

7 ‘‘(8) The head of each agency (including the Attorney 

8 General of the United States) shall provide to the Chair9 man of the Administrative Conference of the United 

10 States in a timely manner all information requested by 

11 the Chairman to comply with the requirements of para12 graphs (5), (6), and (7).’’. 

13 (3) TECHNICAL AND CONFORMING AMEND14 MENTS.—Section 2412 of title 28, United States 

15 Code, is amended— 

16 (A) in subsection (d)(3), by striking 

17 ‘‘United States Code,’’; and 

18 (B) in subsection (e)— 

19 (i) by striking ‘‘of section 2412 of 

20 title 28, United States Code,’’ and insert21 ing ‘‘of this section’’; and 

22 (ii) by striking ‘‘of such title’’ and in23 serting ‘‘of this title’’. 


kjohnson on DSK79L0C42 with BILLS
472 

•S 47 PCS

1 (b) JUDGMENT FUND TRANSPARENCY.—Section 

2 1304 of title 31, United States Code, is amended by add3 ing at the end the following: 

4 ‘‘(d) Beginning not later than the date that is 60 

5 days after the date of enactment of the Natural Resources 

6 Management Act, and unless the disclosure of such infor7 mation is otherwise prohibited by law or a court order, 

8 the Secretary of the Treasury shall make available to the 

9 public on a website, as soon as practicable, but not later 

10 than 30 days after the date on which a payment under 

11 this section is tendered, the following information with re12 gard to that payment: 

13 ‘‘(1) The name of the specific agency or entity 

14 whose actions gave rise to the claim or judgment. 

15 ‘‘(2) The name of the plaintiff or claimant. 

16 ‘‘(3) The name of counsel for the plaintiff or 

17 claimant. 

18 ‘‘(4) The amount paid representing principal li19 ability, and any amounts paid representing any an20 cillary liability, including attorney fees, costs, and 

21 interest. 

22 ‘‘(5) A brief description of the facts that gave 

23 rise to the claim. 

24 ‘‘(6) The name of the agency that submitted 

25 the claim.’’. 


kjohnson on DSK79L0C42 with BILLS
473 

•S 47 PCS

1 Subtitle D—Pittman-Robertson 

2 Wildlife Restoration Act 

3 SEC. 4301. TARGET PRACTICE AND MARKMANSHIP TRAIN4 ING. 

5 (a) PURPOSE.—The purpose of this section is to fa6 cilitate the construction and expansion of public target 

7 ranges, including ranges on Federal land managed by the 

8 Forest Service and the Bureau of Land Management. 

9 (b) DEFINITION OF PUBLIC TARGET RANGE.—In 

10 this section, the term ‘‘public target range’’ means a spe11 cific location that— 

12 (1) is identified by a governmental agency for 

13 recreational shooting; 

14 (2) is open to the public; 

15 (3) may be supervised; and 

16 (4) may accommodate archery or rifle, pistol, or 

17 shotgun shooting. 

18 (c) AMENDMENTS TO PITTMAN-ROBERTSON WILD19 LIFE RESTORATION ACT.— 

20 (1) DEFINITIONS.—Section 2 of the Pittman21 Robertson Wildlife Restoration Act (16 U.S.C. 

22 669a) is amended— 

23 (A) by redesignating paragraphs (2) 

24 through (8) as paragraphs (3) through (9), re25 spectively; and 


kjohnson on DSK79L0C42 with BILLS
474 

•S 47 PCS

1 (B) by inserting after paragraph (1) the 

2 following: 

3 ‘‘(2) the term ‘public target range’ means a 

4 specific location that— 

5 ‘‘(A) is identified by a governmental agen6 cy for recreational shooting; 

7 ‘‘(B) is open to the public; 

8 ‘‘(C) may be supervised; and 

9 ‘‘(D) may accommodate archery or rifle, 

10 pistol, or shotgun shooting;’’. 

11 (2) EXPENDITURES FOR MANAGEMENT OF

12 WILDLIFE AREAS AND RESOURCES.—Section 8(b) of 

13 the Pittman-Robertson Wildlife Restoration Act (16 

14 U.S.C. 669g(b)) is amended— 

15 (A) by striking ‘‘(b) Each State’’ and in16 serting the following: 

17 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD18 LIFE AREAS AND RESOURCES.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), each State’’; 

21 (B) in paragraph (1) (as so designated), by 

22 striking ‘‘construction, operation,’’ and insert23 ing ‘‘operation’’; 


kjohnson on DSK79L0C42 with BILLS
475 

•S 47 PCS

1 (C) in the second sentence, by striking 

2 ‘‘The non-Federal share’’ and inserting the fol3 lowing: 

4 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal 

5 share’’; 

6 (D) in the third sentence, by striking ‘‘The 

7 Secretary’’ and inserting the following: 

8 ‘‘(4) REGULATIONS.—The Secretary’’; and 

9 (E) by inserting after paragraph (1) (as 

10 designated by subparagraph (A)) the following: 

11 ‘‘(2) EXCEPTION.—Notwithstanding the limita12 tion described in paragraph (1), a State may pay up 

13 to 90 percent of the cost of acquiring land for, ex14 panding, or constructing a public target range.’’. 

15 (3) FIREARM AND BOW HUNTER EDUCATION

16 AND SAFETY PROGRAM GRANTS.—Section 10 of the 

17 Pittman-Robertson Wildlife Restoration Act (16 

18 U.S.C. 669h–1) is amended— 

19 (A) in subsection (a), by adding at the end 

20 the following: 

21 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— 

22 Of the amount apportioned to a State for any fiscal 

23 year under section 4(b), the State may elect to allo24 cate not more than 10 percent, to be combined with 

25 the amount apportioned to the State under paraVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
476 

•S 47 PCS

1 graph (1) for that fiscal year, for acquiring land for, 

2 expanding, or constructing a public target range.’’; 

3 (B) by striking subsection (b) and insert4 ing the following: 

5 ‘‘(b) COST SHARING.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), the Federal share of the cost of any activ8 ity carried out using a grant under this section shall 

9 not exceed 75 percent of the total cost of the activ10 ity. 

11 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

12 EXPANSION.—The Federal share of the cost of ac13 quiring land for, expanding, or constructing a public 

14 target range in a State on Federal or non-Federal 

15 land pursuant to this section or section 8(b) shall 

16 not exceed 90 percent of the cost of the activity.’’; 

17 and 

18 (C) in subsection (c)(1)— 

19 (i) by striking ‘‘Amounts made’’ and 

20 inserting the following: 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraph (B), amounts made’’; and 

23 (ii) by adding at the end the fol24 lowing: 


kjohnson on DSK79L0C42 with BILLS
477 

•S 47 PCS

1 ‘‘(B) EXCEPTION.—Amounts provided for 

2 acquiring land for, constructing, or expanding a 

3 public target range shall remain available for 

4 expenditure and obligation during the 5-fiscal5 year period beginning on October 1 of the first 

6 fiscal year for which the amounts are made 

7 available.’’. 

8 (d) SENSE OF CONGRESS REGARDING COOPERA9 TION.—It is the sense of Congress that, consistent with 

10 applicable laws (including regulations), the Secretary and 

11 the Secretary of Agriculture should cooperate with State 

12 and local authorities and other entities to carry out waste 

13 removal and other activities on any Federal land used as 

14 a public target range to encourage continued use of that 

15 land for target practice or marksmanship training. 

16 Subtitle E—Migratory Bird Frame17 work and Hunting Opportuni18 ties for Veterans 

19 SEC. 4401. FEDERAL CLOSING DATE FOR HUNTING OF 

20 DUCKS, MERGANSERS, AND COOTS. 

21 Section 3 of the Migratory Bird Treaty Act (16 

22 U.S.C. 704) is amended by adding at the end the fol23 lowing: 

24 ‘‘(c) FEDERAL FRAMEWORK CLOSING DATE FOR

25 HUNTING OF DUCKS, MERGANSERS, AND COOTS.— 


kjohnson on DSK79L0C42 with BILLS
478 

•S 47 PCS

1 ‘‘(1) REGULATIONS RELATING TO FRAMEWORK

2 CLOSING DATE.— 

3 ‘‘(A) IN GENERAL.—In promulgating regu4 lations under subsection (a) relating to the Fed5 eral framework for the closing date up to which 

6 the States may select seasons for migratory 

7 bird hunting, except as provided in paragraph 

8 (2), the Secretary shall, with respect to the 

9 hunting season for ducks, mergansers, and 

10 coots— 

11 ‘‘(i) subject to subparagraph (B), 

12 adopt the recommendation of each respec13 tive flyway council (as defined in section 

14 20.152 of title 50, Code of Federal Regula15 tions) for the Federal framework if the 

16 Secretary determines that the rec17 ommendation is consistent with science18 based and sustainable harvest manage19 ment; and 

20 ‘‘(ii) allow the States to establish the 

21 closing date for the hunting season in ac22 cordance with the Federal framework. 

23 ‘‘(B) REQUIREMENT.—The framework 

24 closing date promulgated by the Secretary 


kjohnson on DSK79L0C42 with BILLS
479 

•S 47 PCS

1 under subparagraph (A) shall not be later than 

2 January 31 of each year. 

3 ‘‘(2) SPECIAL HUNTING DAYS FOR YOUTHS, 

4 VETERANS, AND ACTIVE MILITARY PERSONNEL.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding the 

6 Federal framework closing date under para7 graph (1) and subject to subparagraphs (B) 

8 and (C), the Secretary shall allow States to se9 lect 2 days for youths and 2 days for veterans 

10 (as defined in section 101 of title 38, United 

11 States Code) and members of the Armed Forces 

12 on active duty, including members of the Na13 tional Guard and Reserves on active duty (other 

14 than for training), to hunt eligible ducks, geese, 

15 swans, mergansers, coots, moorhens, and galli16 nules, if the Secretary determines that the addi17 tion of those days is consistent with science18 based and sustainable harvest management. 

19 Such days shall be treated as separate from, 

20 and in addition to, the annual Federal frame21 work hunting season lengths. 

22 ‘‘(B) REQUIREMENTS.—In selecting days 

23 under subparagraph (A), a State shall ensure 

24 that— 

25 ‘‘(i) the days selected— 


kjohnson on DSK79L0C42 with BILLS
480 

•S 47 PCS

1 ‘‘(I) may only include the hunt2 ing of duck, geese, swan, merganser, 

3 coot, moorhen, and gallinule species 

4 that are eligible for hunting under the 

5 applicable annual Federal framework; 

6 ‘‘(II) are not more than 14 days 

7 before or after the Federal framework 

8 hunting season for ducks, mergansers, 

9 and coots; and 

10 ‘‘(III) are otherwise consistent 

11 with the Federal framework; and 

12 ‘‘(ii) the total number of days in a 

13 hunting season for any migratory bird spe14 cies, including any days selected under 

15 subparagraph (A), is not more than 107 

16 days. 

17 ‘‘(C) LIMITATION.—A State may combine 

18 the 2 days allowed for youths with the 2 days 

19 allowed for veterans and members of the Armed 

20 Forces on active duty under subparagraph (A), 

21 but in no circumstance may a State have more 

22 than a total of 4 additional days added to its 

23 regular hunting season for any purpose. 

24 ‘‘(3) REGULATIONS.—The Secretary shall pro25 mulgate regulations in accordance with this subVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
481 

•S 47 PCS

1 section for the Federal framework for migratory bird 

2 hunting for the 2019–2020 hunting season and each 

3 hunting season thereafter.’’. 

4 Subtitle F—Miscellaneous 

5 SEC. 4501. RESPECT FOR TREATIES AND RIGHTS. 

6 Nothing in this title or the amendments made by this 

7 title— 

8 (1) affects or modifies any treaty or other right 

9 of any federally recognized Indian Tribe; or 

10 (2) modifies any provision of Federal law relat11 ing to migratory birds or to endangered or threat12 ened species. 

13 SEC. 4502. NO PRIORITY. 

14 Nothing in this title or the amendments made by this 

15 title provides a preference to hunting, fishing, or rec16 reational shooting over any other use of Federal land or 

17 water. 

18 SEC. 4503. STATE AUTHORITY FOR FISH AND WILDLIFE. 

19 Nothing in this title— 

20 (1) authorizes the Secretary of Agriculture or 

21 the Secretary to require Federal licenses or permits 

22 to hunt and fish on Federal land; or 

23 (2) enlarges or diminishes the responsibility or 

24 authority of States with respect to fish and wildlife 

25 management. 


kjohnson on DSK79L0C42 with BILLS
482 

•S 47 PCS

1 TITLE V—HAZARDS AND 

2 MAPPING 

3 SEC. 5001. NATIONAL VOLCANO EARLY WARNING AND MON4 ITORING SYSTEM. 

5 (a) DEFINITIONS.—In this section: 

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

7 the Secretary, acting through the Director of the 

8 United States Geological Survey. 

9 (2) SYSTEM.—The term ‘‘System’’ means the 

10 National Volcano Early Warning and Monitoring 

11 System established under subsection (b)(1)(A). 

12 (b) NATIONAL VOLCANO EARLY WARNING AND MON13 ITORING SYSTEM.— 

14 (1) ESTABLISHMENT.— 

15 (A) IN GENERAL.—The Secretary shall es16 tablish within the United States Geological Sur17 vey a system, to be known as the ‘‘National 

18 Volcano Early Warning and Monitoring Sys19 tem’’, to monitor, warn, and protect citizens of 

20 the United States from undue and avoidable 

21 harm from volcanic activity. 

22 (B) PURPOSES.—The purposes of the Sys23 tem are— 

24 (i) to organize, modernize, stand25 ardize, and stabilize the monitoring sysVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
483 

•S 47 PCS

1 tems of the volcano observatories in the 

2 United States, which includes the Alaska 

3 Volcano Observatory, California Volcano 

4 Observatory, Cascades Volcano Observ5 atory, Hawaiian Volcano Observatory, and 

6 Yellowstone Volcano Observatory; and 

7 (ii) to unify the monitoring systems of 

8 volcano observatories in the United States 

9 into a single interoperative system. 

10 (C) OBJECTIVE.—The objective of the Sys11 tem is to monitor all the volcanoes in the 

12 United States at a level commensurate with the 

13 threat posed by the volcanoes by— 

14 (i) upgrading existing networks on 

15 monitored volcanoes; 

16 (ii) installing new networks on 

17 unmonitored volcanoes; and 

18 (iii) employing geodetic and other 

19 components when applicable. 

20 (2) SYSTEM COMPONENTS.— 

21 (A) IN GENERAL.—The System shall in22 clude— 

23 (i) a national volcano watch office 

24 that is operational 24 hours a day and 7 

25 days a week; 


kjohnson on DSK79L0C42 with BILLS
484 

•S 47 PCS

1 (ii) a national volcano data center; 

2 and 

3 (iii) an external grants program to 

4 support research in volcano monitoring 

5 science and technology. 

6 (B) MODERNIZATION ACTIVITIES.—Mod7 ernization activities under the System shall in8 clude the comprehensive application of emerg9 ing technologies, including digital broadband 

10 seismometers, real-time continuous Global Posi11 tioning System receivers, satellite and airborne 

12 radar interferometry, acoustic pressure sensors, 

13 and spectrometry to measure gas emissions. 

14 (3) MANAGEMENT.— 

15 (A) MANAGEMENT PLAN.— 

16 (i) IN GENERAL.—Not later than 180 

17 days after the date of enactment of this 

18 Act, the Secretary shall submit to Con19 gress a 5-year management plan for estab20 lishing and operating the System. 

21 (ii) INCLUSIONS.—The management 

22 plan submitted under clause (i) shall in23 clude— 


kjohnson on DSK79L0C42 with BILLS
485 

•S 47 PCS

1 (I) annual cost estimates for 

2 modernization activities and operation 

3 of the System; 

4 (II) annual milestones, stand5 ards, and performance goals; and 

6 (III) recommendations for, and 

7 progress towards, establishing new, or 

8 enhancing existing, partnerships to le9 verage resources. 

10 (B) ADVISORY COMMITTEE.—The Sec11 retary shall establish an advisory committee to 

12 assist the Secretary in implementing the Sys13 tem, to be comprised of representatives of rel14 evant agencies and members of the scientific 

15 community, to be appointed by the Secretary. 

16 (C) PARTNERSHIPS.—The Secretary may 

17 enter into cooperative agreements with institu18 tions of higher education and State agencies 

19 designating the institutions of higher education 

20 and State agencies as volcano observatory part21 ners for the System. 

22 (D) COORDINATION.—The Secretary shall 

23 coordinate the activities under this section with 

24 the heads of relevant Federal agencies, includ25 ing— 


kjohnson on DSK79L0C42 with BILLS
486 

•S 47 PCS

1 (i) the Secretary of Transportation; 

2 (ii) the Administrator of the Federal 

3 Aviation Administration; 

4 (iii) the Administrator of the National 

5 Oceanic and Atmospheric Administration; 

6 and 

7 (iv) the Administrator of the Federal 

8 Emergency Management Agency. 

9 (4) ANNUAL REPORT.—Annually, the Secretary 

10 shall submit to Congress a report that describes the 

11 activities carried out under this section. 

12 (c) FUNDING.— 

13 (1) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to carry out 

15 this section $55,000,000 for the period of fiscal 

16 years 2019 through 2023. 

17 (2) EFFECT ON OTHER SOURCES OF FEDERAL

18 FUNDING.—Amounts made available under this sub19 section shall supplement, and not supplant, Federal 

20 funds made available for other United States Geo21 logical Survey hazards activities and programs. 

22 SEC. 5002. REAUTHORIZATION OF NATIONAL GEOLOGIC 

23 MAPPING ACT OF 1992. 

24 (a) REAUTHORIZATION.— 


kjohnson on DSK79L0C42 with BILLS
487 

•S 47 PCS

1 (1) IN GENERAL.—Section 9(a) of the National 

2 Geologic Mapping Act of 1992 (43 U.S.C. 31h(a)) 

3 is amended by striking ‘‘2018’’ and inserting 

4 ‘‘2023’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 4(b)(1) of the National Geologic Mapping Act of 

7 1992 (43 U.S.C. 31c(b)(1)) is amended by striking 

8 ‘‘Omnibus Public Land Management Act of 2009’’ 

9 each place it appears in subparagraphs (A) and (B) 

10 and inserting ‘‘Natural Resources Management 

11 Act’’. 

12 (b) GEOLOGIC MAPPING ADVISORY COMMITTEE.— 

13 Section 5(a)(3) of the National Geologic Mapping Act of 

14 1992 (43 U.S.C. 31d(a)(3)) is amended by striking ‘‘Asso15 ciate Director for Geology’’ and inserting ‘‘Associate Di16 rector for Core Science Systems’’. 

17 (c) CLERICAL AMENDMENTS.—Section 3 of the Na18 tional Geologic Mapping Act of 1992 (43 U.S.C. 31b) is 

19 amended— 

20 (1) in paragraph (4), by striking ‘‘section 

21 6(d)(3)’’ and inserting ‘‘section 4(d)(3)’’; 

22 (2) in paragraph (5), by striking ‘‘section 

23 6(d)(1)’’ and inserting ‘‘section 4(d)(1)’’; and 

24 (3) in paragraph (9), by striking ‘‘section 

25 6(d)(2)’’ and inserting ‘‘section 4(d)(2)’’. 


kjohnson on DSK79L0C42 with BILLS
488 

•S 47 PCS

1 TITLE VI—NATIONAL HERITAGE 

2 AREAS 

3 SEC. 6001. NATIONAL HERITAGE AREA DESIGNATIONS. 

4 (a) IN GENERAL.—The following areas are des5 ignated as National Heritage Areas, to be administered 

6 in accordance with this section: 

7 (1) MARITIME WASHINGTON NATIONAL HERIT8 AGE AREA, WASHINGTON.— 

9 (A) IN GENERAL.—There is established the 

10 Maritime Washington National Heritage Area 

11 in the State of Washington, to include land in 

12 Whatcom, Skagit, Snohomish, San Juan, Is13 land, King, Pierce, Thurston, Mason, Kitsap, 

14 Jefferson, Clallam, and Grays Harbor Counties 

15 in the State that is at least partially located 

within the area that is 1 16 ⁄4-mile landward of the 

17 shoreline, as generally depicted on the map en18 titled ‘‘Maritime Washington National Heritage 

19 Area Proposed Boundary’’, numbered 584/ 

20 125,484, and dated August, 2014. 

21 (B) LOCAL COORDINATING ENTITY.—The 

22 Washington Trust for Historic Preservation 

23 shall be the local coordinating entity for the 

24 National Heritage Area designated by subpara25 graph (A). 


kjohnson on DSK79L0C42 with BILLS
489 

•S 47 PCS

1 (2) MOUNTAINS TO SOUND GREENWAY NA2 TIONAL HERITAGE AREA, WASHINGTON.— 

3 (A) IN GENERAL.—There is established the 

4 Mountains to Sound Greenway National Herit5 age Area in the State of Washington, to consist 

6 of land in King and Kittitas Counties in the 

7 State, as generally depicted on the map entitled 

8 ‘‘Mountains to Sound Greenway National Her9 itage Area Proposed Boundary’’, numbered 

10 584/125,483, and dated August, 2014 (referred 

11 to in this paragraph as the ‘‘map’’). 

12 (B) LOCAL COORDINATING ENTITY.—The 

13 Mountains to Sound Greenway Trust shall be 

14 the local coordinating entity for the National 

15 Heritage Area designated by subparagraph (A). 

16 (C) MAP.—The map shall be on file and 

17 available for public inspection in the appro18 priate offices of— 

19 (i) the National Park Service; 

20 (ii) the Forest Service; 

21 (iii) the Indian Tribes; and 

22 (iv) the local coordinating entity. 

23 (D) REFERENCES TO INDIAN TRIBE; TRIB24 AL.—Any reference in this paragraph to the 

25 terms ‘‘Indian Tribe’’ and ‘‘Tribal’’ shall be 


kjohnson on DSK79L0C42 with BILLS
490 

•S 47 PCS

1 considered, for purposes of the National Herit2 age Area designated by subparagraph (A), to 

3 refer to each of the Tribal governments of the 

4 Snoqualmie, Yakama, Tulalip, Muckleshoot, 

5 and Colville Indian Tribes. 

6 (E) MANAGEMENT REQUIREMENTS.—With 

7 respect to the National Heritage Area des8 ignated by subparagraph (A)— 

9 (i) the preparation of an interpretive 

10 plan under subsection (c)(2)(C)(vii) shall 

11 also include plans for Tribal heritage; 

12 (ii) the Secretary shall ensure that the 

13 management plan developed under sub14 section (c) is consistent with the trust re15 sponsibilities of the Secretary to Indian 

16 Tribes and Tribal treaty rights within the 

17 National Heritage Area; 

18 (iii) the interpretive plan and manage19 ment plan for the National Heritage Area 

20 shall be developed in consultation with the 

21 Indian Tribes; 

22 (iv) nothing in this paragraph shall 

23 grant or diminish any hunting, fishing, or 

24 gathering treaty right of any Indian Tribe; 

25 and 


kjohnson on DSK79L0C42 with BILLS
491 

•S 47 PCS

1 (v) nothing in this paragraph affects 

2 the authority of a State or an Indian Tribe 

3 to manage fish and wildlife, including the 

4 regulation of hunting and fishing within 

5 the National Heritage Area. 

6 (3) SANTA CRUZ VALLEY NATIONAL HERITAGE

7 AREA, ARIZONA.— 

8 (A) IN GENERAL.—There is established the 

9 Santa Cruz Valley National Heritage Area in 

10 the State of Arizona, to consist of land in Pima 

11 and Santa Cruz Counties in the State, as gen12 erally depicted on the map entitled ‘‘Santa Cruz 

13 Valley National Heritage Area’’, numbered 

14 T09/80,000, and dated November 13, 2007. 

15 (B) LOCAL COORDINATING ENTITY.— 

16 Santa Cruz Valley Heritage Alliance, Inc., a 

17 nonprofit organization established under the 

18 laws of the State of Arizona, shall be the local 

19 coordinating entity for the National Heritage 

20 Area designated by subparagraph (A). 

21 (4) APPALACHIAN FOREST NATIONAL HERITAGE

22 AREA, WEST VIRGINIA AND MARYLAND.— 

23 (A) IN GENERAL.—There is established the 

24 Appalachian Forest National Heritage Area in 

25 the States of West Virginia and Maryland, as 


kjohnson on DSK79L0C42 with BILLS
492 

•S 47 PCS

1 depicted on the map entitled ‘‘Appalachian For2 est National Heritage Area’’, numbered T07/ 

3 80,000, and dated October 2007, including— 

4 (i) Barbour, Braxton, Grant, 

5 Greenbrier, Hampshire, Hardy, Mineral, 

6 Morgan, Nicholas, Pendleton, Pocahontas, 

7 Preston, Randolph, Tucker, Upshur, and 

8 Webster Counties in West Virginia; and 

9 (ii) Allegany and Garrett Counties in 

10 Maryland. 

11 (B) LOCAL COORDINATING ENTITY.—The 

12 Appalachian Forest Heritage Area, Inc., shall 

13 be— 

14 (i) the local coordinating entity for 

15 the National Heritage Area designated by 

16 subparagraph (A) (referred to in this sub17 paragraph as the ‘‘local coordinating enti18 ty’’); and 

19 (ii) governed by a board of directors 

20 that shall— 

21 (I) include members to represent 

22 a geographic balance across the coun23 ties described in subparagraph (A) 

24 and the States of West Virginia and 

25 Maryland; 


kjohnson on DSK79L0C42 with BILLS
493 

•S 47 PCS

1 (II) be composed of not fewer 

2 than 7, and not more than 15, mem3 bers elected by the membership of the 

4 local coordinating entity; 

5 (III) be selected to represent a 

6 balanced group of diverse interests, 

7 including— 

8 (aa) the forest industry; 

9 (bb) environmental interests; 

10 (cc) cultural heritage inter11 ests; 

12 (dd) tourism interests; and 

13 (ee) regional agency part14 ners; 

15 (IV) exercise all corporate powers 

16 of the local coordinating entity; 

17 (V) manage the activities and af18 fairs of the local coordinating entity; 

19 and 

20 (VI) subject to any limitations in 

21 the articles and bylaws of the local co22 ordinating entity, this section, and 

23 other applicable Federal or State law, 

24 establish the policies of the local co25 ordinating entity. 


kjohnson on DSK79L0C42 with BILLS
494 

•S 47 PCS

1 (b) ADMINISTRATION.— 

2 (1) AUTHORITIES.—For purposes of carrying 

3 out the management plan for each of the National 

4 Heritage Areas designated by subsection (a), the 

5 Secretary, acting through the local coordinating enti6 ty, may use amounts made available under sub7 section (g)— 

8 (A) to make grants to the State or a polit9 ical subdivision of the State, Indian Tribes, 

10 nonprofit organizations, and other persons; 

11 (B) to enter into cooperative agreements 

12 with, or provide technical assistance to, the 

13 State or a political subdivision of the State, In14 dian Tribes, nonprofit organizations, and other 

15 interested parties; 

16 (C) to hire and compensate staff, which 

17 shall include individuals with expertise in nat18 ural, cultural, and historical resources protec19 tion, and heritage programming; 

20 (D) to obtain money or services from any 

21 source including any money or services that are 

22 provided under any other Federal law or pro23 gram; 

24 (E) to contract for goods or services; and 


kjohnson on DSK79L0C42 with BILLS
495 

•S 47 PCS

1 (F) to undertake to be a catalyst for any 

2 other activity that furthers the National Herit3 age Area and is consistent with the approved 

4 management plan. 

5 (2) DUTIES.—The local coordinating entity for 

6 each of the National Heritage Areas designated by 

7 subsection (a) shall— 

8 (A) in accordance with subsection (c), pre9 pare and submit a management plan for the 

10 National Heritage Area to the Secretary; 

11 (B) assist Federal agencies, the State or a 

12 political subdivision of the State, Indian Tribes, 

13 regional planning organizations, nonprofit orga14 nizations and other interested parties in car15 rying out the approved management plan by— 

16 (i) carrying out programs and projects 

17 that recognize, protect, and enhance im18 portant resource values in the National 

19 Heritage Area; 

20 (ii) establishing and maintaining in21 terpretive exhibits and programs in the 

22 National Heritage Area; 

23 (iii) developing recreational and edu24 cational opportunities in the National Her25 itage Area; 


kjohnson on DSK79L0C42 with BILLS
496 

•S 47 PCS

1 (iv) increasing public awareness of, 

2 and appreciation for, natural, historical, 

3 scenic, and cultural resources of the Na4 tional Heritage Area; 

5 (v) protecting and restoring historic 

6 sites and buildings in the National Herit7 age Area that are consistent with National 

8 Heritage Area themes; 

9 (vi) ensuring that clear, consistent, 

10 and appropriate signs identifying points of 

11 public access and sites of interest are post12 ed throughout the National Heritage Area; 

13 and 

14 (vii) promoting a wide range of part15 nerships among the Federal Government, 

16 State, Tribal, and local governments, orga17 nizations, and individuals to further the 

18 National Heritage Area; 

19 (C) consider the interests of diverse units 

20 of government, businesses, organizations, and 

21 individuals in the National Heritage Area in the 

22 preparation and implementation of the manage23 ment plan; 


kjohnson on DSK79L0C42 with BILLS
497 

•S 47 PCS

1 (D) conduct meetings open to the public at 

2 least semiannually regarding the development 

3 and implementation of the management plan; 

4 (E) for any year that Federal funds have 

5 been received under this subsection— 

6 (i) submit to the Secretary an annual 

7 report that describes the activities, ex8 penses, and income of the local coordi9 nating entity (including grants to any 

10 other entities during the year that the re11 port is made); 

12 (ii) make available to the Secretary 

13 for audit all records relating to the expend14 iture of the funds and any matching funds; 

15 and 

16 (iii) require, with respect to all agree17 ments authorizing expenditure of Federal 

18 funds by other organizations, that the or19 ganizations receiving the funds make avail20 able to the Secretary for audit all records 

21 concerning the expenditure of the funds; 

22 and 

23 (F) encourage by appropriate means eco24 nomic viability that is consistent with the Na25 tional Heritage Area. 


kjohnson on DSK79L0C42 with BILLS
498 

•S 47 PCS

1 (3) PROHIBITION ON THE ACQUISITION OF

2 REAL PROPERTY.—The local coordinating entity 

3 shall not use Federal funds made available under 

4 subsection (g) to acquire real property or any inter5 est in real property. 

6 (c) MANAGEMENT PLAN.— 

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

8 the date of enactment of this Act, the local coordi9 nating entity for each of the National Heritage 

10 Areas designated by subsection (a) shall submit to 

11 the Secretary for approval a proposed management 

12 plan for the National Heritage Area. 

13 (2) REQUIREMENTS.—The management plan 

14 shall— 

15 (A) incorporate an integrated and coopera16 tive approach for the protection, enhancement, 

17 and interpretation of the natural, cultural, his18 toric, scenic, and recreational resources of the 

19 National Heritage Area; 

20 (B) take into consideration Federal, State, 

21 local, and Tribal plans and treaty rights; 

22 (C) include— 

23 (i) an inventory of— 

24 (I) the resources located in the 

25 National Heritage Area; and 


kjohnson on DSK79L0C42 with BILLS
499 

•S 47 PCS

1 (II) any other property in the 

2 National Heritage Area that— 

3 (aa) is related to the themes 

4 of the National Heritage Area; 

5 and 

6 (bb) should be preserved, re7 stored, managed, or maintained 

8 because of the significance of the 

9 property; 

10 (ii) comprehensive policies, strategies 

11 and recommendations for conservation, 

12 funding, management, and development of 

13 the National Heritage Area; 

14 (iii) a description of actions that the 

15 Federal Government, State, Tribal, and 

16 local governments, private organizations, 

17 and individuals have agreed to take to pro18 tect the natural, historical, cultural, scenic, 

19 and recreational resources of the National 

20 Heritage Area; 

21 (iv) a program of implementation for 

22 the management plan by the local coordi23 nating entity that includes a description 

24 of— 


kjohnson on DSK79L0C42 with BILLS
500 

•S 47 PCS

1 (I) actions to facilitate ongoing 

2 collaboration among partners to pro3 mote plans for resource protection, 

4 restoration, and construction; and 

5 (II) specific commitments for im6 plementation that have been made by 

7 the local coordinating entity or any 

8 government, organization, or indi9 vidual for the first 5 years of oper10 ation; 

11 (v) the identification of sources of 

12 funding for carrying out the management 

13 plan; 

14 (vi) analysis and recommendations for 

15 means by which Federal, State, local, and 

16 Tribal programs, including the role of the 

17 National Park Service in the National Her18 itage Area, may best be coordinated to 

19 carry out this subsection; and 

20 (vii) an interpretive plan for the Na21 tional Heritage Area; and 

22 (D) recommend policies and strategies for 

23 resource management that consider and detail 

24 the application of appropriate land and water 

25 management techniques, including the developVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
501 

•S 47 PCS

1 ment of intergovernmental and interagency co2 operative agreements to protect the natural, 

3 historical, cultural, educational, scenic, and rec4 reational resources of the National Heritage 

5 Area. 

6 (3) DEADLINE.—If a proposed management 

7 plan is not submitted to the Secretary by the date 

8 that is 3 years after the date of enactment of this 

9 Act, the local coordinating entity shall be ineligible 

10 to receive additional funding under this section until 

11 the date on which the Secretary receives and ap12 proves the management plan. 

13 (4) APPROVAL OR DISAPPROVAL OF MANAGE14 MENT PLAN.— 

15 (A) IN GENERAL.—Not later than 180 

16 days after the date of receipt of the manage17 ment plan under paragraph (1), the Secretary, 

18 in consultation with State and Tribal govern19 ments, shall approve or disapprove the manage20 ment plan. 

21 (B) CRITERIA FOR APPROVAL.—In deter22 mining whether to approve the management 

23 plan, the Secretary shall consider whether— 

24 (i) the local coordinating entity is rep25 resentative of the diverse interests of the 


kjohnson on DSK79L0C42 with BILLS
502 

•S 47 PCS

1 National Heritage Area, including Federal, 

2 State, Tribal, and local governments, nat3 ural and historic resource protection orga4 nizations, educational institutions, busi5 nesses, and recreational organizations; 

6 (ii) the local coordinating entity has 

7 afforded adequate opportunity, including 

8 public hearings, for public and govern9 mental involvement in the preparation of 

10 the management plan; and 

11 (iii) the resource protection and inter12 pretation strategies contained in the man13 agement plan, if implemented, would ade14 quately protect the natural, historical, and 

15 cultural resources of the National Heritage 

16 Area. 

17 (C) ACTION FOLLOWING DISAPPROVAL.—If 

18 the Secretary disapproves the management plan 

19 under subparagraph (A), the Secretary shall— 

20 (i) advise the local coordinating entity 

21 in writing of the reasons for the dis22 approval; 

23 (ii) make recommendations for revi24 sions to the management plan; and 


kjohnson on DSK79L0C42 with BILLS
503 

•S 47 PCS

1 (iii) not later than 180 days after the 

2 receipt of any proposed revision of the 

3 management plan from the local coordi4 nating entity, approve or disapprove the 

5 proposed revision. 

6 (D) AMENDMENTS.— 

7 (i) IN GENERAL.—The Secretary shall 

8 approve or disapprove each amendment to 

9 the management plan that the Secretary 

10 determines make a substantial change to 

11 the management plan. 

12 (ii) USE OF FUNDS.—The local co13 ordinating entity shall not use Federal 

14 funds authorized by this subsection to 

15 carry out any amendments to the manage16 ment plan until the Secretary has approved 

17 the amendments. 

18 (d) RELATIONSHIP TO OTHER FEDERAL AGEN19 CIES.— 

20 (1) IN GENERAL.—Nothing in this section af21 fects the authority of a Federal agency to provide 

22 technical or financial assistance under any other law. 

23 (2) CONSULTATION AND COORDINATION.—The 

24 head of any Federal agency planning to conduct ac25 tivities that may have an impact on a National HerVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
504 

•S 47 PCS

1 itage Area designated by subsection (a) is encour2 aged to consult and coordinate the activities with the 

3 Secretary and the local coordinating entity to the 

4 maximum extent practicable. 

5 (3) OTHER FEDERAL AGENCIES.—Nothing in 

6 this section— 

7 (A) modifies, alters, or amends any law or 

8 regulation authorizing a Federal agency to 

9 manage Federal land under the jurisdiction of 

10 the Federal agency; 

11 (B) limits the discretion of a Federal land 

12 manager to implement an approved land use 

13 plan within the boundaries of a National Herit14 age Area designated by subsection (a); or 

15 (C) modifies, alters, or amends any author16 ized use of Federal land under the jurisdiction 

17 of a Federal agency. 

18 (e) PRIVATE PROPERTY AND REGULATORY PROTEC19 TIONS.—Nothing in this section— 

20 (1) abridges the rights of any property owner 

21 (whether public or private), including the right to re22 frain from participating in any plan, project, pro23 gram, or activity conducted within a National Herit24 age Area designated by subsection (a); 

25 (2) requires any property owner— 


kjohnson on DSK79L0C42 with BILLS
505 

•S 47 PCS

1 (A) to permit public access (including ac2 cess by Federal, State, or local agencies) to the 

3 property of the property owner; or 

4 (B) to modify public access or use of prop5 erty of the property owner under any other 

6 Federal, State, or local law; 

7 (3) alters any duly adopted land use regulation, 

8 approved land use plan, or other regulatory author9 ity of any Federal, State, Tribal, or local agency; 

10 (4) conveys any land use or other regulatory 

11 authority to the local coordinating entity; 

12 (5) authorizes or implies the reservation or ap13 propriation of water or water rights; 

14 (6) enlarges or diminishes the treaty rights of 

15 any Indian Tribe within the National Heritage Area; 

16 (7) diminishes— 

17 (A) the authority of the State to manage 

18 fish and wildlife, including the regulation of 

19 fishing and hunting within a National Heritage 

20 Area designated by subsection (a); or 

21 (B) the authority of Indian Tribes to regu22 late members of Indian Tribes with respect to 

23 fishing, hunting, and gathering in the exercise 

24 of treaty rights; or 


kjohnson on DSK79L0C42 with BILLS
506 

•S 47 PCS

1 (8) creates any liability, or affects any liability 

2 under any other law, of any private property owner 

3 with respect to any person injured on the private 

4 property. 

5 (f) EVALUATION AND REPORT.— 

6 (1) IN GENERAL.—For each of the National 

7 Heritage Areas designated by subsection (a), not 

8 later than 3 years before the date on which author9 ity for Federal funding terminates for each National 

10 Heritage Area, the Secretary shall— 

11 (A) conduct an evaluation of the accom12 plishments of the National Heritage Area; and 

13 (B) prepare a report in accordance with 

14 paragraph (3). 

15 (2) EVALUATION.—An evaluation conducted 

16 under paragraph (1)(A) shall— 

17 (A) assess the progress of the local man18 agement entity with respect to— 

19 (i) accomplishing the purposes of the 

20 authorizing legislation for the National 

21 Heritage Area; and 

22 (ii) achieving the goals and objectives 

23 of the approved management plan for the 

24 National Heritage Area; 


kjohnson on DSK79L0C42 with BILLS
507 

•S 47 PCS

1 (B) analyze the investments of the Federal 

2 Government, State, Tribal, and local govern3 ments, and private entities in each National 

4 Heritage Area to determine the impact of the 

5 investments; and 

6 (C) review the management structure, 

7 partnership relationships, and funding of the 

8 National Heritage Area for purposes of identi9 fying the critical components for sustainability 

10 of the National Heritage Area. 

11 (3) REPORT.—Based on the evaluation con12 ducted under paragraph (1)(A), the Secretary shall 

13 submit to the Committee on Energy and Natural 

14 Resources of the Senate and the Committee on Nat15 ural Resources of the House of Representatives a re16 port that includes recommendations for the future 

17 role of the National Park Service, if any, with re18 spect to the National Heritage Area. 

19 (g) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) IN GENERAL.—There is authorized to be 

21 appropriated for each National Heritage Area des22 ignated by subsection (a) to carry out the purposes 

23 of this section $10,000,000, of which not more than 

24 $1,000,000 may be made available in any fiscal 

25 year. 


kjohnson on DSK79L0C42 with BILLS
508 

•S 47 PCS

1 (2) AVAILABILITY.—Amounts made available 

2 under paragraph (1) shall remain available until ex3 pended. 

4 (3) COST-SHARING REQUIREMENT.— 

5 (A) IN GENERAL.—The Federal share of 

6 the total cost of any activity under this section 

7 shall be not more than 50 percent. 

8 (B) FORM.—The non-Federal contribution 

9 of the total cost of any activity under this sec10 tion may be in the form of in-kind contributions 

11 of goods or services fairly valued. 

12 (4) TERMINATION OF AUTHORITY.—The au13 thority of the Secretary to provide assistance under 

14 this section terminates on the date that is 15 years 

15 after the date of enactment of this Act. 

16 SEC. 6002. ADJUSTMENT OF BOUNDARIES OF LINCOLN NA17 TIONAL HERITAGE AREA. 

18 (a) BOUNDARY ADJUSTMENT.—Section 443(b)(1) of 

19 the Consolidated Natural Resources Act of 2008 (Public 

20 Law 110–229; 122 Stat. 819) is amended— 

21 (1) by inserting ‘‘, Livingston,’’ after ‘‘La22 Salle’’; and 

23 (2) by inserting ‘‘, the city of Jonesboro in 

24 Union County, and the city of Freeport in Stephen25 son County’’ after ‘‘Woodford counties’’. 


kjohnson on DSK79L0C42 with BILLS
509 

•S 47 PCS

1 (b) MAP.—The Secretary shall update the map re2 ferred to in section 443(b)(2) of the Consolidated Natural 

3 Resources Act of 2008 to reflect the boundary adjustment 

4 made by the amendments in subsection (a). 

5 SEC. 6003. FINGER LAKES NATIONAL HERITAGE AREA 

6 STUDY. 

7 (a) DEFINITIONS.—In this section: 

8 (1) HERITAGE AREA.—The term ‘‘Heritage 

9 Area’’ means the Finger Lakes National Heritage 

10 Area. 

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

12 of New York. 

13 (3) STUDY AREA.—The term ‘‘study area’’ 

14 means— 

15 (A) the counties in the State of Cayuga, 

16 Chemung, Cortland, Livingston, Monroe, Onon17 daga, Ontario, Schuyler, Seneca, Steuben, 

18 Tioga, Tompkins, Wayne, and Yates; and 

19 (B) any other areas in the State that— 

20 (i) have heritage aspects that are 

21 similar to the areas described in subpara22 graph (A); and 

23 (ii) are adjacent to, or in the vicinity 

24 of, those areas. 

25 (b) STUDY.— 


kjohnson on DSK79L0C42 with BILLS
510 

•S 47 PCS

1 (1) IN GENERAL.—The Secretary, in consulta2 tion with State and local historic preservation offi3 cers, State and local historical societies, State and 

4 local tourism offices, and other appropriate organi5 zations and governmental agencies, shall conduct a 

6 study to assess the suitability and feasibility of des7 ignating the study area as a National Heritage 

8 Area, to be known as the ‘‘Finger Lakes National 

9 Heritage Area’’. 

10 (2) REQUIREMENTS.—The study shall include 

11 analysis, documentation, and determinations on 

12 whether the study area— 

13 (A) has an assemblage of natural, historic, 

14 and cultural resources that— 

15 (i) represent distinctive aspects of the 

16 heritage of the United States; 

17 (ii) are worthy of recognition, con18 servation, interpretation, and continuing 

19 use; and 

20 (iii) would be best managed— 

21 (I) through partnerships among 

22 public and private entities; and 

23 (II) by linking diverse and some24 times noncontiguous resources and ac25 tive communities; 


kjohnson on DSK79L0C42 with BILLS
511 

•S 47 PCS

1 (B) reflects traditions, customs, beliefs, 

2 and folklife that are a valuable part of the story 

3 of the United States; 

4 (C) provides outstanding opportunities— 

5 (i) to conserve natural, historic, cul6 tural, or scenic features; and 

7 (ii) for recreation and education; 

8 (D) contains resources that— 

9 (i) are important to any identified 

10 themes of the study area; and 

11 (ii) retain a degree of integrity capa12 ble of supporting interpretation; 

13 (E) includes residents, business interests, 

14 nonprofit organizations, and State and local 

15 governments that— 

16 (i) are involved in the planning of the 

17 Heritage Area; 

18 (ii) have developed a conceptual finan19 cial plan that outlines the roles of all par20 ticipants in the Heritage Area, including 

21 the Federal Government; and 

22 (iii) have demonstrated support for 

23 the designation of the Heritage Area; 

24 (F) has a potential management entity to 

25 work in partnership with the individuals and 


kjohnson on DSK79L0C42 with BILLS
512 

•S 47 PCS

1 entities described in subparagraph (E) to de2 velop the Heritage Area while encouraging 

3 State and local economic activity; and 

4 (G) has a conceptual boundary map that is 

5 supported by the public. 

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

7 on which funds are first made available to carry out this 

8 section, the Secretary shall submit to the Committee on 

9 Natural Resources of the House of Representatives and 

10 the Committee on Energy and Natural Resources of the 

11 Senate a report that describes— 

12 (1) the findings of the study under subsection 

13 (b); and 

14 (2) any conclusions and recommendations of the 

15 Secretary. 

16 TITLE VII—WILDLIFE HABITAT 

17 AND CONSERVATION 

18 SEC. 7001. WILD ACT. 

19 (a) PARTNERS FOR FISH AND WILDLIFE PROGRAM

20 REAUTHORIZATION.—Section 5 of the Partners for Fish 

21 and Wildlife Act (16 U.S.C. 3774) is amended by striking 

22 ‘‘2006 through 2011’’ and inserting ‘‘2018 through 

23 2022’’. 

24 (b) FISH AND WILDLIFE COORDINATION.— 


kjohnson on DSK79L0C42 with BILLS
513 

•S 47 PCS

1 (1) PURPOSE.—The purpose of this subsection 

2 is to protect water, oceans, coasts, and wildlife from 

3 invasive species. 

4 (2) AMENDMENTS TO THE FISH AND WILDLIFE

5 COORDINATION ACT.— 

6 (A) SHORT TITLE; AUTHORIZATION.—The 

7 first section of the Fish and Wildlife Coordina8 tion Act (16 U.S.C. 661) is amended by strik9 ing ‘‘For the purpose’’ and inserting the fol10 lowing: 

11 ‘‘SECTION 1. SHORT TITLE; AUTHORIZATION. 

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

13 ‘Fish and Wildlife Coordination Act’. 

14 ‘‘(b) AUTHORIZATION.—For the purpose’’. 

15 (B) PROTECTION OF WATER, OCEANS, 

16 COASTS, AND WILDLIFE FROM INVASIVE SPE17 CIES.—The Fish and Wildlife Coordination Act 

18 (16 U.S.C. 661 et seq.) is amended by adding 

19 at the end the following: 

20 ‘‘SEC. 10. PROTECTION OF WATER, OCEANS, COASTS, AND 

21 WILDLIFE FROM INVASIVE SPECIES. 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) CONTROL.—The term ‘control’, with re24 spect to an invasive species, means the eradication, 

25 suppression, or reduction of the population of the 


kjohnson on DSK79L0C42 with BILLS
514 

•S 47 PCS

1 invasive species within the area in which the invasive 

2 species is present. 

3 ‘‘(2) ECOSYSTEM.—The term ‘ecosystem’ 

4 means the complex of a community of organisms 

5 and the environment of the organisms. 

6 ‘‘(3) ELIGIBLE STATE.—The term ‘eligible 

7 State’ means any of— 

8 ‘‘(A) a State; 

9 ‘‘(B) the District of Columbia; 

10 ‘‘(C) the Commonwealth of Puerto Rico; 

11 ‘‘(D) Guam; 

12 ‘‘(E) American Samoa; 

13 ‘‘(F) the Commonwealth of the Northern 

14 Mariana Islands; and 

15 ‘‘(G) the United States Virgin Islands. 

16 ‘‘(4) INVASIVE SPECIES.— 

17 ‘‘(A) IN GENERAL.—The term ‘invasive 

18 species’ means an alien species, the introduction 

19 of which causes, or is likely to cause, economic 

20 or environmental harm or harm to human 

21 health. 

22 ‘‘(B) ASSOCIATED DEFINITION.—For pur23 poses of subparagraph (A), the term ‘alien spe24 cies’, with respect to a particular ecosystem, 

25 means any species (including the seeds, eggs, 


kjohnson on DSK79L0C42 with BILLS
515 

•S 47 PCS

1 spores, or other biological material of the spe2 cies that are capable of propagating the species) 

3 that is not native to the affected ecosystem. 

4 ‘‘(C) INCLUSION.—The terms ‘invasive 

5 species’ and ‘alien species’ include any terres6 trial or aquatic species determined by the rel7 evant tribal, regional, State, or local authority 

8 to meet the requirements of subparagraph (A) 

9 or (B), as applicable. 

10 ‘‘(5) MANAGE; MANAGEMENT.—The terms 

11 ‘manage’ and ‘management’, with respect to an 

12 invasive species, mean the active implementation of 

13 any activity— 

14 ‘‘(A) to reduce or stop the spread of the 

15 invasive species; and 

16 ‘‘(B) to inhibit further infestations of the 

17 invasive species, the spread of the invasive spe18 cies, or harm caused by the invasive species, in19 cluding investigations regarding methods for 

20 early detection and rapid response, prevention, 

21 control, or management of the invasive species. 

22 ‘‘(6) PREVENT.—The term ‘prevent’, with re23 spect to an invasive species, means— 

24 ‘‘(A) to hinder the introduction of the 

25 invasive species onto land or water; or 


kjohnson on DSK79L0C42 with BILLS
516 

•S 47 PCS

1 ‘‘(B) to impede the spread of the invasive 

2 species within land or water by inspecting, 

3 intercepting, or confiscating invasive species 

4 threats prior to the establishment of the 

5 invasive species onto land or water of an eligible 

6 State. 

7 ‘‘(7) SECRETARY CONCERNED.—The term ‘Sec8 retary concerned’ means— 

9 ‘‘(A) the Secretary of the Army, acting 

10 through the Assistant Secretary of the Army 

11 for Civil Works, with respect to Federal land 

12 administered by the Corps of Engineers; 

13 ‘‘(B) the Secretary of the Interior, with re14 spect to Federal land administered by the Sec15 retary of the Interior through— 

16 ‘‘(i) the United States Fish and Wild17 life Service; 

18 ‘‘(ii) the Bureau of Indian Affairs; 

19 ‘‘(iii) the Bureau of Land Manage20 ment; 

21 ‘‘(iv) the Bureau of Reclamation; or 

22 ‘‘(v) the National Park Service; 

23 ‘‘(C) the Secretary of Agriculture, with re24 spect to Federal land administered by the SecVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
517 

•S 47 PCS

1 retary of Agriculture through the Forest Serv2 ice; and 

3 ‘‘(D) the head or a representative of any 

4 other Federal agency the duties of whom re5 quire planning relating to, and the treatment 

6 of, invasive species for the purpose of protecting 

7 water and wildlife on land and coasts and in 

8 oceans and water. 

9 ‘‘(8) SPECIES.—The term ‘species’ means a 

10 group of organisms, all of which— 

11 ‘‘(A) have a high degree of genetic simi12 larity; 

13 ‘‘(B) are morphologically distinct; 

14 ‘‘(C) generally— 

15 ‘‘(i) interbreed at maturity only 

16 among themselves; and 

17 ‘‘(ii) produce fertile offspring; and 

18 ‘‘(D) show persistent differences from 

19 members of allied groups of organisms. 

20 ‘‘(b) CONTROL AND MANAGEMENT.—Each Secretary 

21 concerned shall plan and carry out activities on land di22 rectly managed by the Secretary concerned to protect 

23 water and wildlife by controlling and managing invasive 

24 species— 


kjohnson on DSK79L0C42 with BILLS
518 

•S 47 PCS

1 ‘‘(1) to inhibit or reduce the populations of 

2 invasive species; and 

3 ‘‘(2) to effectuate restoration or reclamation ef4 forts. 

5 ‘‘(c) STRATEGIC PLAN.— 

6 ‘‘(1) IN GENERAL.—Each Secretary concerned 

7 shall develop a strategic plan for the implementation 

8 of the invasive species program to achieve, to the 

9 maximum extent practicable, a substantive annual 

10 net reduction of invasive species populations or in11 fested acreage on land or water managed by the Sec12 retary concerned. 

13 ‘‘(2) COORDINATION.—Each strategic plan 

14 under paragraph (1) shall be developed— 

15 ‘‘(A) in coordination with affected— 

16 ‘‘(i) eligible States; 

17 ‘‘(ii) political subdivisions of eligible 

18 States; and 

19 ‘‘(iii) federally recognized Indian 

20 tribes; and 

21 ‘‘(B) in accordance with the priorities es22 tablished by 1 or more Governors of the eligible 

23 States in which an ecosystem affected by an 

24 invasive species is located. 


kjohnson on DSK79L0C42 with BILLS
519 

•S 47 PCS

1 ‘‘(3) FACTORS FOR CONSIDERATION.—In devel2 oping a strategic plan under this subsection, the 

3 Secretary concerned shall take into consideration the 

4 economic and ecological costs of action or inaction, 

5 as applicable. 

6 ‘‘(d) COST-EFFECTIVE METHODS.—In selecting a 

7 method to be used to control or manage an invasive species 

8 as part of a specific control or management project con9 ducted as part of a strategic plan developed under sub10 section (c), the Secretary concerned shall prioritize the use 

11 of methods that— 

12 ‘‘(1) effectively control and manage invasive 

13 species, as determined by the Secretary concerned, 

14 based on sound scientific data; 

15 ‘‘(2) minimize environmental impacts; and 

16 ‘‘(3) control and manage invasive species in the 

17 least costly manner. 

18 ‘‘(e) COMPARATIVE ECONOMIC ASSESSMENT.—To 

19 achieve compliance with subsection (d), the Secretary con20 cerned shall require a comparative economic assessment 

21 of invasive species control and management methods to 

22 be conducted. 

23 ‘‘(f) EXPEDITED ACTION.— 

24 ‘‘(1) IN GENERAL.—The Secretaries concerned 

25 shall use all tools and flexibilities available (as of the 


kjohnson on DSK79L0C42 with BILLS
520 

•S 47 PCS

1 date of enactment of this section) to expedite the 

2 projects and activities described in paragraph (2). 

3 ‘‘(2) DESCRIPTION OF PROJECTS AND ACTIVI4 TIES.—A project or activity referred to in paragraph 

5 (1) is a project or activity— 

6 ‘‘(A) to protect water or wildlife from an 

7 invasive species that, as determined by the Sec8 retary concerned is, or will be, carried out on 

9 land or water that is— 

10 ‘‘(i) directly managed by the Secretary 

11 concerned; and 

12 ‘‘(ii) located in an area that is— 

13 ‘‘(I) at high risk for the introduc14 tion, establishment, or spread of 

15 invasive species; and 

16 ‘‘(II) determined by the Sec17 retary concerned to require immediate 

18 action to address the risk identified in 

19 subclause (I); and 

20 ‘‘(B) carried out in accordance with appli21 cable agency procedures, including any applica22 ble— 

23 ‘‘(i) land or resource management 

24 plan; or 

25 ‘‘(ii) land use plan. 


kjohnson on DSK79L0C42 with BILLS
521 

•S 47 PCS

1 ‘‘(g) ALLOCATION OF FUNDING.—Of the amount ap2 propriated or otherwise made available to each Secretary 

3 concerned for a fiscal year for programs that address or 

4 include protection of land or water from an invasive spe5 cies, the Secretary concerned shall use not less than 75 

6 percent for on-the-ground control and management of 

7 invasive species, which may include— 

8 ‘‘(1) the purchase of necessary products, equip9 ment, or services to conduct that control and man10 agement; 

11 ‘‘(2) the use of integrated pest management op12 tions, including options that use pesticides author13 ized for sale, distribution, or use under the Federal 

14 Insecticide, Fungicide, and Rodenticide Act (7 

15 U.S.C. 136 et seq.); 

16 ‘‘(3) the use of biological control agents that 

17 are proven to be effective to reduce invasive species 

18 populations; 

19 ‘‘(4) the use of revegetation or cultural restora20 tion methods designed to improve the diversity and 

21 richness of ecosystems; 

22 ‘‘(5) the use of monitoring and detection activi23 ties for invasive species, including equipment, detec24 tion dogs, and mechanical devices; 


kjohnson on DSK79L0C42 with BILLS
522 

•S 47 PCS

1 ‘‘(6) the use of appropriate methods to remove 

2 invasive species from a vehicle or vessel capable of 

3 conveyance; or 

4 ‘‘(7) the use of other effective mechanical or 

5 manual control methods. 

6 ‘‘(h) INVESTIGATIONS, OUTREACH, AND PUBLIC

7 AWARENESS.—Of the amount appropriated or otherwise 

8 made available to each Secretary concerned for a fiscal 

9 year for programs that address or include protection of 

10 land or water from an invasive species, the Secretary con11 cerned may use not more than 15 percent for investiga12 tions, development activities, and outreach and public 

13 awareness efforts to address invasive species control and 

14 management needs. 

15 ‘‘(i) ADMINISTRATIVE COSTS.—Of the amount appro16 priated or otherwise made available to each Secretary con17 cerned for a fiscal year for programs that address or in18 clude protection of land or water from an invasive species, 

19 not more than 10 percent may be used for administrative 

20 costs incurred to carry out those programs, including costs 

21 relating to oversight and management of the programs, 

22 recordkeeping, and implementation of the strategic plan 

23 developed under subsection (c). 

24 ‘‘(j) REPORTING REQUIREMENTS.—Not later than 60 

25 days after the end of the second fiscal year beginning after 


kjohnson on DSK79L0C42 with BILLS
523 

•S 47 PCS

1 the date of enactment of this section, each Secretary con2 cerned shall submit to Congress a report— 

3 ‘‘(1) describing the use by the Secretary con4 cerned during the 2 preceding fiscal years of funds 

5 for programs that address or include invasive species 

6 management; and 

7 ‘‘(2) specifying the percentage of funds ex8 pended for each of the purposes specified in sub9 sections (g), (h), and (i). 

10 ‘‘(k) RELATION TO OTHER AUTHORITY.— 

11 ‘‘(1) OTHER INVASIVE SPECIES CONTROL, PRE12 VENTION, AND MANAGEMENT AUTHORITIES.—Noth13 ing in this section precludes the Secretary concerned 

14 from pursuing or supporting, pursuant to any other 

15 provision of law, any activity regarding the control, 

16 prevention, or management of an invasive species, 

17 including investigations to improve the control, pre18 vention, or management of the invasive species. 

19 ‘‘(2) PUBLIC WATER SUPPLY SYSTEMS.—Noth20 ing in this section authorizes the Secretary con21 cerned to suspend any water delivery or diversion, or 

22 otherwise to prevent the operation of a public water 

23 supply system, as a measure to control, manage, or 

24 prevent the introduction or spread of an invasive 

25 species. 


kjohnson on DSK79L0C42 with BILLS
524 

•S 47 PCS

1 ‘‘(l) USE OF PARTNERSHIPS.—Subject to the sub2 sections (m) and (n), the Secretary concerned may enter 

3 into any contract or cooperative agreement with another 

4 Federal agency, an eligible State, a political subdivision 

5 of an eligible State, or a private individual or entity to 

6 assist with the control and management of an invasive spe7 cies. 

8 ‘‘(m) MEMORANDUM OF UNDERSTANDING.— 

9 ‘‘(1) IN GENERAL.—As a condition of a con10 tract or cooperative agreement under subsection (l), 

11 the Secretary concerned and the applicable Federal 

12 agency, eligible State, political subdivision of an eli13 gible State, or private individual or entity shall enter 

14 into a memorandum of understanding that de15 scribes— 

16 ‘‘(A) the nature of the partnership between 

17 the parties to the memorandum of under18 standing; and 

19 ‘‘(B) the control and management activi20 ties to be conducted under the contract or coop21 erative agreement. 

22 ‘‘(2) CONTENTS.—A memorandum of under23 standing under this subsection shall contain, at a 

24 minimum, the following: 


kjohnson on DSK79L0C42 with BILLS
525 

•S 47 PCS

1 ‘‘(A) A prioritized listing of each invasive 

2 species to be controlled or managed. 

3 ‘‘(B) An assessment of the total acres of 

4 land or area of water infested by the invasive 

5 species. 

6 ‘‘(C) An estimate of the expected total 

7 acres of land or area of water infested by the 

8 invasive species after control and management 

9 of the invasive species is attempted. 

10 ‘‘(D) A description of each specific, inte11 grated pest management option to be used, in12 cluding a comparative economic assessment to 

13 determine the least-costly method. 

14 ‘‘(E) Any map, boundary, or Global Posi15 tioning System coordinates needed to clearly 

16 identify the area in which each control or man17 agement activity is proposed to be conducted. 

18 ‘‘(F) A written assurance that each part19 ner will comply with section 15 of the Federal 

20 Noxious Weed Act of 1974 (7 U.S.C. 2814). 

21 ‘‘(3) COORDINATION.—If a partner to a con22 tract or cooperative agreement under subsection (l) 

23 is an eligible State, political subdivision of an eligible 

24 State, or private individual or entity, the memoVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
526 

•S 47 PCS

1 randum of understanding under this subsection shall 

2 include a description of— 

3 ‘‘(A) the means by which each applicable 

4 control or management effort will be coordi5 nated; and 

6 ‘‘(B) the expected outcomes of managing 

7 and controlling the invasive species. 

8 ‘‘(4) PUBLIC OUTREACH AND AWARENESS EF9 FORTS.—If a contract or cooperative agreement 

10 under subsection (l) involves any outreach or public 

11 awareness effort, the memorandum of understanding 

12 under this subsection shall include a list of goals and 

13 objectives for each outreach or public awareness ef14 fort that have been determined to be efficient to in15 form national, regional, State, or local audiences re16 garding invasive species control and management. 

17 ‘‘(n) INVESTIGATIONS.—The purpose of any invasive 

18 species-related investigation carried out under a contract 

19 or cooperative agreement under subsection (l) shall be— 

20 ‘‘(1) to develop solutions and specific rec21 ommendations for control and management of 

22 invasive species; and 

23 ‘‘(2) specifically to provide faster implementa24 tion of control and management methods. 


kjohnson on DSK79L0C42 with BILLS
527 

•S 47 PCS

1 ‘‘(o) COORDINATION WITH AFFECTED LOCAL GOV2 ERNMENTS.—Each project and activity carried out pursu3 ant to this section shall be coordinated with affected local 

4 governments in a manner that is consistent with section 

5 202(c)(9) of the Federal Land Policy and Management 

6 Act of 1976 (43 U.S.C. 1712(c)(9)).’’. 

7 (c) WILDLIFE CONSERVATION.— 

8 (1) REAUTHORIZATION OF MULTINATIONAL

9 SPECIES CONSERVATION FUNDS.— 

10 (A) REAUTHORIZATION OF THE AFRICAN

11 ELEPHANT CONSERVATION ACT.—Section 

12 2306(a) of the African Elephant Conservation 

13 Act (16 U.S.C. 4245(a)) is amended by striking 

14 ‘‘2007 through 2012’’ and inserting ‘‘2018 

15 through 2022’’. 

16 (B) REAUTHORIZATION OF THE ASIAN

17 ELEPHANT CONSERVATION ACT OF 1997.—Sec18 tion 8(a) of the Asian Elephant Conservation 

19 Act of 1997 (16 U.S.C. 4266(a)) is amended by 

20 striking ‘‘2007 through 2012’’ and inserting 

21 ‘‘2018 through 2022’’. 

22 (C) REAUTHORIZATION OF THE RHINOC23 EROS AND TIGER CONSERVATION ACT OF

24 1994.—Section 10(a) of the Rhinoceros and 

25 Tiger Conservation Act of 1994 (16 U.S.C. 


kjohnson on DSK79L0C42 with BILLS
528 

•S 47 PCS

1 5306(a)) is amended by striking ‘‘2007 through 

2 2012’’ and inserting ‘‘2018 through 2022’’. 

3 (D) AMENDMENTS TO THE GREAT APE

4 CONSERVATION ACT OF 2000.— 

5 (i) PANEL.—Section 4(i) of the Great 

6 Ape Conservation Act of 2000 (16 U.S.C. 

7 6303(i)) is amended— 

8 (I) by striking paragraph (1) and 

9 inserting the following: 

10 ‘‘(1) CONVENTION.—Not later than 1 year after 

11 the date of the enactment of the Natural Resources 

12 Management Act, and every 5 years thereafter, the 

13 Secretary shall convene a panel of experts on great 

14 apes to identify the greatest needs and priorities for 

15 the conservation of great apes.’’; 

16 (II) by redesignating paragraph 

17 (2) as paragraph (5); and 

18 (III) by inserting after paragraph 

19 (1) the following: 

20 ‘‘(2) COMPOSITION.—The Secretary shall en21 sure that the panel referred to in paragraph (1) in22 cludes, to the maximum extent practicable, 1 or 

23 more representatives— 

24 ‘‘(A) from each country that comprises the 

25 natural range of great apes; and 


kjohnson on DSK79L0C42 with BILLS
529 

•S 47 PCS

1 ‘‘(B) with expertise in great ape conserva2 tion. 

3 ‘‘(3) CONSERVATION PLANS.—In identifying the 

4 conservation needs and priorities under paragraph 

5 (1), the panel referred to in that paragraph shall 

6 consider any relevant great ape conservation plan or 

7 strategy, including scientific research and findings 

8 relating to— 

9 ‘‘(A) the conservation needs and priorities 

10 of great apes; 

11 ‘‘(B) any regional or species-specific action 

12 plan or strategy; 

13 ‘‘(C) any applicable strategy developed or 

14 initiated by the Secretary; and 

15 ‘‘(D) any other applicable conservation 

16 plan or strategy. 

17 ‘‘(4) FUNDS.—Subject to the availability of ap18 propriations, the Secretary may use amounts avail19 able to the Secretary to pay for the costs of con20 vening and facilitating any meeting of the panel re21 ferred to in paragraph (1).’’. 

22 (ii) MULTIYEAR GRANTS.—Section 4 

23 of the Great Ape Conservation Act of 2000 

24 (16 U.S.C. 6303) is amended by adding at 

25 the end the following: 


kjohnson on DSK79L0C42 with BILLS
530 

•S 47 PCS

1 ‘‘(j) MULTIYEAR GRANTS.— 

2 ‘‘(1) AUTHORIZATION.—The Secretary may 

3 award to a person who is otherwise eligible for a 

4 grant under this section a multiyear grant to carry 

5 out a project that the person demonstrates is an ef6 fective, long-term conservation strategy for great 

7 apes and the habitat of great apes. 

8 ‘‘(2) EFFECT OF SUBSECTION.—Nothing in this 

9 subsection precludes the Secretary from awarding a 

10 grant on an annual basis.’’. 

11 (iii) ADMINISTRATIVE EXPENSES.— 

12 Section 5(b)(2) of the Great Ape Conserva13 tion Act of 2000 (16 U.S.C. 6304(b)(2)) is 

14 amended by striking ‘‘$100,000’’ and in15 serting ‘‘$150,000’’. 

16 (iv) AUTHORIZATION OF APPROPRIA17 TIONS.—Section 6 of the Great Ape Con18 servation Act of 2000 (16 U.S.C. 6305) is 

19 amended by striking ‘‘2006 through 2010’’ 

20 and inserting ‘‘2018 through 2022’’. 

21 (E) AMENDMENTS TO THE MARINE TUR22 TLE CONSERVATION ACT OF 2004.— 

23 (i) PURPOSE.—Section 2(b) of the 

24 Marine Turtle Conservation Act of 2004 

25 (16 U.S.C. 6601(b)) is amended by insertVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
531 

•S 47 PCS

1 ing ‘‘and territories of the United States’’ 

2 after ‘‘foreign countries’’. 

3 (ii) DEFINITIONS.—Section 3 of the 

4 Marine Turtle Conservation Act of 2004 

5 (16 U.S.C. 6602) is amended— 

6 (I) in paragraph (2), in the mat7 ter preceding subparagraph (A), by 

8 inserting ‘‘and territories of the 

9 United States’’ after ‘‘foreign coun10 tries’’; and 

11 (II) by adding at the end the fol12 lowing: 

13 ‘‘(7) TERRITORY OF THE UNITED STATES.— 

14 The term ‘territory of the United States’ means— 

15 ‘‘(A) the Commonwealth of Puerto Rico; 

16 ‘‘(B) Guam; 

17 ‘‘(C) American Samoa; 

18 ‘‘(D) the Commonwealth of the Northern 

19 Mariana Islands; 

20 ‘‘(E) the United States Virgin Islands; and 

21 ‘‘(F) any other territory or possession of 

22 the United States.’’. 

23 (iii) MARINE TURTLE CONSERVATION

24 ASSISTANCE.—Section 4 of the Marine 


kjohnson on DSK79L0C42 with BILLS
532 

•S 47 PCS

1 Turtle Conservation Act of 2004 (16 

2 U.S.C. 6603) is amended— 

3 (I) in subsection (b)(1)(A), by in4 serting ‘‘or a territory of the United 

5 States’’ after ‘‘foreign country’’; and 

6 (II) in subsection (d), by striking 

7 ‘‘foreign countries’’ and inserting ‘‘a 

8 foreign country or a territory of the 

9 United States’’. 

10 (iv) ADMINISTRATIVE EXPENSES.— 

11 Section 5(b)(2) of the Marine Turtle Con12 servation Act of 2004 (16 U.S.C. 

13 6604(b)(2)) is amended by striking 

14 ‘‘$80,000’’ and inserting ‘‘$150,000’’. 

15 (v) AUTHORIZATION OF APPROPRIA16 TIONS.—Section 7 of the Marine Turtle 

17 Conservation Act of 2004 (16 U.S.C. 

18 6606) is amended by striking ‘‘each of fis19 cal years 2005 through 2009’’ and insert20 ing ‘‘each of fiscal years 2018 through 

21 2022’’. 

22 (d) PRIZE COMPETITIONS.— 

23 (1) DEFINITIONS.—In this subsection: 


kjohnson on DSK79L0C42 with BILLS
533 

•S 47 PCS

1 (A) NON-FEDERAL FUNDS.—The term 

2 ‘‘non-Federal funds’’ means funds provided 

3 by— 

4 (i) a State; 

5 (ii) a territory of the United States; 

6 (iii) 1 or more units of local or tribal 

7 government; 

8 (iv) a private for-profit entity; 

9 (v) a nonprofit organization; or 

10 (vi) a private individual. 

11 (B) SECRETARY.—The term ‘‘Secretary’’ 

12 means the Secretary, acting through the Direc13 tor of the United States Fish and Wildlife Serv14 ice. 

15 (C) WILDLIFE.—The term ‘‘wildlife’’ has 

16 the meaning given the term in section 8 of the 

17 Fish and Wildlife Coordination Act (16 U.S.C. 

18 666b). 

19 (2) THEODORE ROOSEVELT GENIUS PRIZE FOR

20 THE PREVENTION OF WILDLIFE POACHING AND

21 TRAFFICKING.— 

22 (A) DEFINITIONS.—In this paragraph: 

23 (i) BOARD.—The term ‘‘Board’’ 

24 means the Prevention of Wildlife Poaching 


kjohnson on DSK79L0C42 with BILLS
534 

•S 47 PCS

1 and Trafficking Technology Advisory 

2 Board established by subparagraph (C)(i). 

3 (ii) PRIZE COMPETITION.—The term 

4 ‘‘prize competition’’ means the Theodore 

5 Roosevelt Genius Prize for the prevention 

6 of wildlife poaching and trafficking estab7 lished under subparagraph (B). 

8 (B) AUTHORITY.—Not later than 180 days 

9 after the date of enactment of this Act, the Sec10 retary shall establish under section 24 of the 

11 Stevenson-Wydler Technology Innovation Act of 

12 1980 (15 U.S.C. 3719) a prize competition, to 

13 be known as the ‘‘Theodore Roosevelt Genius 

14 Prize’’ for the prevention of wildlife poaching 

15 and trafficking— 

16 (i) to encourage technological innova17 tion with the potential to advance the mis18 sion of the United States Fish and Wildlife 

19 Service with respect to the prevention of 

20 wildlife poaching and trafficking; and 

21 (ii) to award 1 or more prizes annu22 ally for a technological advancement that 

23 prevents wildlife poaching and trafficking. 

24 (C) ADVISORY BOARD.— 


kjohnson on DSK79L0C42 with BILLS
535 

•S 47 PCS

1 (i) ESTABLISHMENT.—There is estab2 lished an advisory board, to be known as 

3 the ‘‘Prevention of Wildlife Poaching and 

4 Trafficking Technology Advisory Board’’. 

5 (ii) COMPOSITION.—The Board shall 

6 be composed of not fewer than 9 members 

7 appointed by the Secretary, who shall pro8 vide expertise in— 

9 (I) wildlife trafficking and trade; 

10 (II) wildlife conservation and 

11 management; 

12 (III) biology; 

13 (IV) technology development; 

14 (V) engineering; 

15 (VI) economics; 

16 (VII) business development and 

17 management; and 

18 (VIII) any other discipline, as the 

19 Secretary determines to be necessary 

20 to achieve the purposes of this para21 graph. 

22 (iii) DUTIES.—Subject to clause (iv), 

23 with respect to the prize competition, the 

24 Board shall— 

25 (I) select a topic; 


kjohnson on DSK79L0C42 with BILLS
536 

•S 47 PCS

1 (II) issue a problem statement; 

2 and 

3 (III) advise the Secretary on any 

4 opportunity for technological innova5 tion to prevent wildlife poaching and 

6 trafficking. 

7 (iv) CONSULTATION.—In selecting a 

8 topic and issuing a problem statement for 

9 the prize competition under subclauses (I) 

10 and (II) of clause (iii), respectively, the 

11 Board shall consult widely with Federal 

12 and non-Federal stakeholders, including— 

13 (I) 1 or more Federal agencies 

14 with jurisdiction over the prevention 

15 of wildlife poaching and trafficking; 

16 (II) 1 or more State agencies 

17 with jurisdiction over the prevention 

18 of wildlife poaching and trafficking; 

19 (III) 1 or more State, regional, 

20 or local wildlife organizations, the 

21 mission of which relates to the preven22 tion of wildlife poaching and traf23 ficking; and 

24 (IV) 1 or more wildlife conserva25 tion groups, technology companies, reVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
537 

•S 47 PCS

1 search institutions, institutions of 

2 higher education, industry associa3 tions, or individual stakeholders with 

4 an interest in the prevention of wild5 life poaching and trafficking. 

6 (v) REQUIREMENTS.—The Board 

7 shall comply with all requirements under 

8 paragraph (7)(A). 

9 (D) AGREEMENT WITH THE NATIONAL

10 FISH AND WILDLIFE FOUNDATION.— 

11 (i) IN GENERAL.—The Secretary shall 

12 offer to enter into an agreement under 

13 which the National Fish and Wildlife 

14 Foundation shall administer the prize com15 petition. 

16 (ii) REQUIREMENTS.—An agreement 

17 entered into under clause (i) shall comply 

18 with all requirements under paragraph 

19 (7)(B). 

20 (E) JUDGES.— 

21 (i) APPOINTMENT.—The Secretary 

22 shall appoint not fewer than 3 judges who 

23 shall, except as provided in clause (ii), se24 lect the 1 or more annual winners of the 

25 prize competition. 


kjohnson on DSK79L0C42 with BILLS
538 

•S 47 PCS

1 (ii) DETERMINATION BY THE SEC2 RETARY.—The judges appointed under 

3 clause (i) shall not select any annual win4 ner of the prize competition if the Sec5 retary makes a determination that, in any 

6 fiscal year, none of the technological ad7 vancements entered into the prize competi8 tion merits an award. 

9 (F) REPORT TO CONGRESS.—Not later 

10 than 60 days after the date on which a cash 

11 prize is awarded under this paragraph, the Sec12 retary shall submit to the Committee on Envi13 ronment and Public Works of the Senate and 

14 the Committee on Natural Resources of the 

15 House of Representatives a report on the prize 

16 competition that includes— 

17 (i) a statement by the Board that de18 scribes the activities carried out by the 

19 Board relating to the duties described in 

20 subparagraph (C)(iii); 

21 (ii) if the Secretary has entered into 

22 an agreement under subparagraph (D)(i), 

23 a statement by the National Fish and 

24 Wildlife Foundation that describes the ac25 tivities carried out by the National Fish 


kjohnson on DSK79L0C42 with BILLS
539 

•S 47 PCS

1 and Wildlife Foundation relating to the du2 ties described in paragraph (7)(B); and 

3 (iii) a statement by 1 or more of the 

4 judges appointed under subparagraph (E) 

5 that explains the basis on which the winner 

6 of the cash prize was selected. 

7 (G) TERMINATION OF AUTHORITY.—The 

8 Board and all authority provided under this 

9 paragraph shall terminate on December 31, 

10 2022. 

11 (3) THEODORE ROOSEVELT GENIUS PRIZE FOR

12 THE PROMOTION OF WILDLIFE CONSERVATION.— 

13 (A) DEFINITIONS.—In this paragraph: 

14 (i) BOARD.—The term ‘‘Board’’ 

15 means the Promotion of Wildlife Conserva16 tion Technology Advisory Board estab17 lished by subparagraph (C)(i). 

18 (ii) PRIZE COMPETITION.—The term 

19 ‘‘prize competition’’ means the Theodore 

20 Roosevelt Genius Prize for the promotion 

21 of wildlife conservation established under 

22 subparagraph (B). 

23 (B) AUTHORITY.—Not later than 180 days 

24 after the date of enactment of this Act, the Sec25 retary shall establish under section 24 of the 


kjohnson on DSK79L0C42 with BILLS
540 

•S 47 PCS

1 Stevenson-Wydler Technology Innovation Act of 

2 1980 (15 U.S.C. 3719) a prize competition, to 

3 be known as the ‘‘Theodore Roosevelt Genius 

4 Prize’’ for the promotion of wildlife conserva5 tion— 

6 (i) to encourage technological innova7 tion with the potential to advance the mis8 sion of the United States Fish and Wildlife 

9 Service with respect to the promotion of 

10 wildlife conservation; and 

11 (ii) to award 1 or more prizes annu12 ally for a technological advancement that 

13 promotes wildlife conservation. 

14 (C) ADVISORY BOARD.— 

15 (i) ESTABLISHMENT.—There is estab16 lished an advisory board, to be known as 

17 the ‘‘Promotion of Wildlife Conservation 

18 Technology Advisory Board’’. 

19 (ii) COMPOSITION.—The Board shall 

20 be composed of not fewer than 9 members 

21 appointed by the Secretary, who shall pro22 vide expertise in— 

23 (I) wildlife conservation and 

24 management; 

25 (II) biology; 


kjohnson on DSK79L0C42 with BILLS
541 

•S 47 PCS

1 (III) technology development; 

2 (IV) engineering; 

3 (V) economics; 

4 (VI) business development and 

5 management; and 

6 (VII) any other discipline, as the 

7 Secretary determines to be necessary 

8 to achieve the purposes of this para9 graph. 

10 (iii) DUTIES.—Subject to clause (iv), 

11 with respect to the prize competition, the 

12 Board shall— 

13 (I) select a topic; 

14 (II) issue a problem statement; 

15 and 

16 (III) advise the Secretary on any 

17 opportunity for technological innova18 tion to promote wildlife conservation. 

19 (iv) CONSULTATION.—In selecting a 

20 topic and issuing a problem statement for 

21 the prize competition under subclauses (I) 

22 and (II) of clause (iii), respectively, the 

23 Board shall consult widely with Federal 

24 and non-Federal stakeholders, including— 


kjohnson on DSK79L0C42 with BILLS
542 

•S 47 PCS

1 (I) 1 or more Federal agencies 

2 with jurisdiction over the promotion of 

3 wildlife conservation; 

4 (II) 1 or more State agencies 

5 with jurisdiction over the promotion of 

6 wildlife conservation; 

7 (III) 1 or more State, regional, 

8 or local wildlife organizations, the 

9 mission of which relates to the pro10 motion of wildlife conservation; and 

11 (IV) 1 or more wildlife conserva12 tion groups, technology companies, re13 search institutions, institutions of 

14 higher education, industry associa15 tions, or individual stakeholders with 

16 an interest in the promotion of wild17 life conservation. 

18 (v) REQUIREMENTS.—The Board 

19 shall comply with all requirements under 

20 paragraph (7)(A). 

21 (D) AGREEMENT WITH THE NATIONAL

22 FISH AND WILDLIFE FOUNDATION.— 

23 (i) IN GENERAL.—The Secretary shall 

24 offer to enter into an agreement under 

25 which the National Fish and Wildlife 


kjohnson on DSK79L0C42 with BILLS
543 

•S 47 PCS

1 Foundation shall administer the prize com2 petition. 

3 (ii) REQUIREMENTS.—An agreement 

4 entered into under clause (i) shall comply 

5 with all requirements under paragraph 

6 (7)(B). 

7 (E) JUDGES.— 

8 (i) APPOINTMENT.—The Secretary 

9 shall appoint not fewer than 3 judges who 

10 shall, except as provided in clause (ii), se11 lect the 1 or more annual winners of the 

12 prize competition. 

13 (ii) DETERMINATION BY THE SEC14 RETARY.—The judges appointed under 

15 clause (i) shall not select any annual win16 ner of the prize competition if the Sec17 retary makes a determination that, in any 

18 fiscal year, none of the technological ad19 vancements entered into the prize competi20 tion merits an award. 

21 (F) REPORT TO CONGRESS.—Not later 

22 than 60 days after the date on which a cash 

23 prize is awarded under this paragraph, the Sec24 retary shall submit to the Committee on Envi25 ronment and Public Works of the Senate and 


kjohnson on DSK79L0C42 with BILLS
544 

•S 47 PCS

1 the Committee on Natural Resources of the 

2 House of Representatives a report on the prize 

3 competition that includes— 

4 (i) a statement by the Board that de5 scribes the activities carried out by the 

6 Board relating to the duties described in 

7 subparagraph (C)(iii); 

8 (ii) if the Secretary has entered into 

9 an agreement under subparagraph (D)(i), 

10 a statement by the National Fish and 

11 Wildlife Foundation that describes the ac12 tivities carried out by the National Fish 

13 and Wildlife Foundation relating to the du14 ties described in paragraph (7)(B); and 

15 (iii) a statement by 1 or more of the 

16 judges appointed under subparagraph (E) 

17 that explains the basis on which the winner 

18 of the cash prize was selected. 

19 (G) TERMINATION OF AUTHORITY.—The 

20 Board and all authority provided under this 

21 paragraph shall terminate on December 31, 

22 2022. 

23 (4) THEODORE ROOSEVELT GENIUS PRIZE FOR

24 THE MANAGEMENT OF INVASIVE SPECIES.— 

25 (A) DEFINITIONS.—In this paragraph: 


kjohnson on DSK79L0C42 with BILLS
545 

•S 47 PCS

1 (i) BOARD.—The term ‘‘Board’’ 

2 means the Management of Invasive Species 

3 Technology Advisory Board established by 

4 subparagraph (C)(i). 

5 (ii) PRIZE COMPETITION.—The term 

6 ‘‘prize competition’’ means the Theodore 

7 Roosevelt Genius Prize for the manage8 ment of invasive species established under 

9 subparagraph (B). 

10 (B) AUTHORITY.—Not later than 180 days 

11 after the date of enactment of this Act, the Sec12 retary shall establish under section 24 of the 

13 Stevenson-Wydler Technology Innovation Act of 

14 1980 (15 U.S.C. 3719) a prize competition, to 

15 be known as the ‘‘Theodore Roosevelt Genius 

16 Prize’’ for the management of invasive spe17 cies— 

18 (i) to encourage technological innova19 tion with the potential to advance the mis20 sion of the United States Fish and Wildlife 

21 Service with respect to the management of 

22 invasive species; and 

23 (ii) to award 1 or more prizes annu24 ally for a technological advancement that 

25 manages invasive species. 


kjohnson on DSK79L0C42 with BILLS
546 

•S 47 PCS

1 (C) ADVISORY BOARD.— 

2 (i) ESTABLISHMENT.—There is estab3 lished an advisory board, to be known as 

4 the ‘‘Management of Invasive Species 

5 Technology Advisory Board’’. 

6 (ii) COMPOSITION.—The Board shall 

7 be composed of not fewer than 9 members 

8 appointed by the Secretary, who shall pro9 vide expertise in— 

10 (I) invasive species; 

11 (II) biology; 

12 (III) technology development; 

13 (IV) engineering; 

14 (V) economics; 

15 (VI) business development and 

16 management; and 

17 (VII) any other discipline, as the 

18 Secretary determines to be necessary 

19 to achieve the purposes of this para20 graph. 

21 (iii) DUTIES.—Subject to clause (iv), 

22 with respect to the prize competition, the 

23 Board shall— 

24 (I) select a topic; 


kjohnson on DSK79L0C42 with BILLS
547 

•S 47 PCS

1 (II) issue a problem statement; 

2 and 

3 (III) advise the Secretary on any 

4 opportunity for technological innova5 tion to manage invasive species. 

6 (iv) CONSULTATION.—In selecting a 

7 topic and issuing a problem statement for 

8 the prize competition under subclauses (I) 

9 and (II) of clause (iii), respectively, the 

10 Board shall consult widely with Federal 

11 and non-Federal stakeholders, including— 

12 (I) 1 or more Federal agencies 

13 with jurisdiction over the management 

14 of invasive species; 

15 (II) 1 or more State agencies 

16 with jurisdiction over the management 

17 of invasive species; 

18 (III) 1 or more State, regional, 

19 or local wildlife organizations, the 

20 mission of which relates to the man21 agement of invasive species; and 

22 (IV) 1 or more wildlife conserva23 tion groups, technology companies, re24 search institutions, institutions of 

25 higher education, industry associaVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
548 

•S 47 PCS

1 tions, or individual stakeholders with 

2 an interest in the management of 

3 invasive species. 

4 (v) REQUIREMENTS.—The Board 

5 shall comply with all requirements under 

6 paragraph (7)(A). 

7 (D) AGREEMENT WITH THE NATIONAL

8 FISH AND WILDLIFE FOUNDATION.— 

9 (i) IN GENERAL.—The Secretary shall 

10 offer to enter into an agreement under 

11 which the National Fish and Wildlife 

12 Foundation shall administer the prize com13 petition. 

14 (ii) REQUIREMENTS.—An agreement 

15 entered into under clause (i) shall comply 

16 with all requirements under paragraph 

17 (7)(B). 

18 (E) JUDGES.— 

19 (i) APPOINTMENT.—The Secretary 

20 shall appoint not fewer than 3 judges who 

21 shall, except as provided in clause (ii), se22 lect the 1 or more annual winners of the 

23 prize competition. 

24 (ii) DETERMINATION BY THE SEC25 RETARY.—The judges appointed under 


kjohnson on DSK79L0C42 with BILLS
549 

•S 47 PCS

1 clause (i) shall not select any annual win2 ner of the prize competition if the Sec3 retary makes a determination that, in any 

4 fiscal year, none of the technological ad5 vancements entered into the prize competi6 tion merits an award. 

7 (F) REPORT TO CONGRESS.—Not later 

8 than 60 days after the date on which a cash 

9 prize is awarded under this paragraph, the Sec10 retary shall submit to the Committee on Envi11 ronment and Public Works of the Senate and 

12 the Committee on Natural Resources of the 

13 House of Representatives a report on the prize 

14 competition that includes— 

15 (i) a statement by the Board that de16 scribes the activities carried out by the 

17 Board relating to the duties described in 

18 subparagraph (C)(iii); 

19 (ii) if the Secretary has entered into 

20 an agreement under subparagraph (D)(i), 

21 a statement by the National Fish and 

22 Wildlife Foundation that describes the ac23 tivities carried out by the National Fish 

24 and Wildlife Foundation relating to the du25 ties described in paragraph (7)(B); and 


kjohnson on DSK79L0C42 with BILLS
550 

•S 47 PCS

1 (iii) a statement by 1 or more of the 

2 judges appointed under subparagraph (E) 

3 that explains the basis on which the winner 

4 of the cash prize was selected. 

5 (G) TERMINATION OF AUTHORITY.—The 

6 Board and all authority provided under this 

7 paragraph shall terminate on December 31, 

8 2022. 

9 (5) THEODORE ROOSEVELT GENIUS PRIZE FOR

10 THE PROTECTION OF ENDANGERED SPECIES.— 

11 (A) DEFINITIONS.—In this paragraph: 

12 (i) BOARD.—The term ‘‘Board’’ 

13 means the Protection of Endangered Spe14 cies Technology Advisory Board estab15 lished by subparagraph (C)(i). 

16 (ii) PRIZE COMPETITION.—The term 

17 ‘‘prize competition’’ means the Theodore 

18 Roosevelt Genius Prize for the protection 

19 of endangered species established under 

20 subparagraph (B). 

21 (B) AUTHORITY.—Not later than 180 days 

22 after the date of enactment of this Act, the Sec23 retary shall establish under section 24 of the 

24 Stevenson-Wydler Technology Innovation Act of 

25 1980 (15 U.S.C. 3719) a prize competition, to 


kjohnson on DSK79L0C42 with BILLS
551 

•S 47 PCS

1 be known as the ‘‘Theodore Roosevelt Genius 

2 Prize’’ for the protection of endangered spe3 cies— 

4 (i) to encourage technological innova5 tion with the potential to advance the mis6 sion of the United States Fish and Wildlife 

7 Service with respect to the protection of 

8 endangered species; and 

9 (ii) to award 1 or more prizes annu10 ally for a technological advancement that 

11 protects endangered species. 

12 (C) ADVISORY BOARD.— 

13 (i) ESTABLISHMENT.—There is estab14 lished an advisory board, to be known as 

15 the ‘‘Protection of Endangered Species 

16 Technology Advisory Board’’. 

17 (ii) COMPOSITION.—The Board shall 

18 be composed of not fewer than 9 members 

19 appointed by the Secretary, who shall pro20 vide expertise in— 

21 (I) endangered species; 

22 (II) biology; 

23 (III) technology development; 

24 (IV) engineering; 

25 (V) economics; 


kjohnson on DSK79L0C42 with BILLS
552 

•S 47 PCS

1 (VI) business development and 

2 management; and 

3 (VII) any other discipline, as the 

4 Secretary determines to be necessary 

5 to achieve the purposes of this para6 graph. 

7 (iii) DUTIES.—Subject to clause (iv), 

8 with respect to the prize competition, the 

9 Board shall— 

10 (I) select a topic; 

11 (II) issue a problem statement; 

12 and 

13 (III) advise the Secretary on any 

14 opportunity for technological innova15 tion to protect endangered species. 

16 (iv) CONSULTATION.—In selecting a 

17 topic and issuing a problem statement for 

18 the prize competition under subclauses (I) 

19 and (II) of clause (iii), respectively, the 

20 Board shall consult widely with Federal 

21 and non-Federal stakeholders, including— 

22 (I) 1 or more Federal agencies 

23 with jurisdiction over the protection of 

24 endangered species; 


kjohnson on DSK79L0C42 with BILLS
553 

•S 47 PCS

1 (II) 1 or more State agencies 

2 with jurisdiction over the protection of 

3 endangered species; 

4 (III) 1 or more State, regional, 

5 or local wildlife organizations, the 

6 mission of which relates to the protec7 tion of endangered species; and 

8 (IV) 1 or more wildlife conserva9 tion groups, technology companies, re10 search institutions, institutions of 

11 higher education, industry associa12 tions, or individual stakeholders with 

13 an interest in the protection of endan14 gered species. 

15 (v) REQUIREMENTS.—The Board 

16 shall comply with all requirements under 

17 paragraph (7)(A). 

18 (D) AGREEMENT WITH THE NATIONAL

19 FISH AND WILDLIFE FOUNDATION.— 

20 (i) IN GENERAL.—The Secretary shall 

21 offer to enter into an agreement under 

22 which the National Fish and Wildlife 

23 Foundation shall administer the prize com24 petition. 


kjohnson on DSK79L0C42 with BILLS
554 

•S 47 PCS

1 (ii) REQUIREMENTS.—An agreement 

2 entered into under clause (i) shall comply 

3 with all requirements under paragraph 

4 (7)(B). 

5 (E) JUDGES.— 

6 (i) APPOINTMENT.—The Secretary 

7 shall appoint not fewer than 3 judges who 

8 shall, except as provided in clause (ii), se9 lect the 1 or more annual winners of the 

10 prize competition. 

11 (ii) DETERMINATION BY THE SEC12 RETARY.—The judges appointed under 

13 clause (i) shall not select any annual win14 ner of the prize competition if the Sec15 retary makes a determination that, in any 

16 fiscal year, none of the technological ad17 vancements entered into the prize competi18 tion merits an award. 

19 (F) REPORT TO CONGRESS.—Not later 

20 than 60 days after the date on which a cash 

21 prize is awarded under this paragraph, the Sec22 retary shall submit to the Committee on Envi23 ronment and Public Works of the Senate and 

24 the Committee on Natural Resources of the 


kjohnson on DSK79L0C42 with BILLS
555 

•S 47 PCS

1 House of Representatives a report on the prize 

2 competition that includes— 

3 (i) a statement by the Board that de4 scribes the activities carried out by the 

5 Board relating to the duties described in 

6 subparagraph (C)(iii); 

7 (ii) if the Secretary has entered into 

8 an agreement under subparagraph (D)(i), 

9 a statement by the National Fish and 

10 Wildlife Foundation that describes the ac11 tivities carried out by the National Fish 

12 and Wildlife Foundation relating to the du13 ties described in paragraph (7)(B); and 

14 (iii) a statement by 1 or more of the 

15 judges appointed under subparagraph (E) 

16 that explains the basis on which the winner 

17 of the cash prize was selected. 

18 (G) TERMINATION OF AUTHORITY.—The 

19 Board and all authority provided under this 

20 paragraph shall terminate on December 31, 

21 2022. 

22 (6) THEODORE ROOSEVELT GENIUS PRIZE FOR

23 NONLETHAL MANAGEMENT OF HUMAN-WILDLIFE

24 CONFLICTS.— 

25 (A) DEFINITIONS.—In this paragraph: 


kjohnson on DSK79L0C42 with BILLS
556 

•S 47 PCS

1 (i) BOARD.—The term ‘‘Board’’ 

2 means the Nonlethal Management of 

3 Human-Wildlife Conflicts Technology Advi4 sory Board established by subparagraph 

5 (C)(i). 

6 (ii) PRIZE COMPETITION.—The term 

7 ‘‘prize competition’’ means the Theodore 

8 Roosevelt Genius Prize for the nonlethal 

9 management of human-wildlife conflicts es10 tablished under subparagraph (B). 

11 (B) AUTHORITY.—Not later than 180 days 

12 after the date of enactment of this Act, the Sec13 retary shall establish under section 24 of the 

14 Stevenson-Wydler Technology Innovation Act of 

15 1980 (15 U.S.C. 3719) a prize competition, to 

16 be known as the ‘‘Theodore Roosevelt Genius 

17 Prize’’ for the nonlethal management of human18 wildlife conflicts— 

19 (i) to encourage technological innova20 tion with the potential to advance the mis21 sion of the United States Fish and Wildlife 

22 Service with respect to the nonlethal man23 agement of human-wildlife conflicts; and 

24 (ii) to award 1 or more prizes annu25 ally for a technological advancement that 


kjohnson on DSK79L0C42 with BILLS
557 

•S 47 PCS

1 promotes the nonlethal management of 

2 human-wildlife conflicts. 

3 (C) ADVISORY BOARD.— 

4 (i) ESTABLISHMENT.—There is estab5 lished an advisory board, to be known as 

6 the ‘‘Nonlethal Management of Human7 Wildlife Conflicts Technology Advisory 

8 Board’’. 

9 (ii) COMPOSITION.—The Board shall 

10 be composed of not fewer than 9 members 

11 appointed by the Secretary, who shall pro12 vide expertise in— 

13 (I) nonlethal wildlife manage14 ment; 

15 (II) social aspects of human-wild16 life conflict management; 

17 (III) biology; 

18 (IV) technology development; 

19 (V) engineering; 

20 (VI) economics; 

21 (VII) business development and 

22 management; and 

23 (VIII) any other discipline, as the 

24 Secretary determines to be necessary 


kjohnson on DSK79L0C42 with BILLS
558 

•S 47 PCS

1 to achieve the purposes of this para2 graph. 

3 (iii) DUTIES.—Subject to clause (iv), 

4 with respect to the prize competition, the 

5 Board shall— 

6 (I) select a topic; 

7 (II) issue a problem statement; 

8 and 

9 (III) advise the Secretary on any 

10 opportunity for technological innova11 tion to promote the nonlethal manage12 ment of human-wildlife conflicts. 

13 (iv) CONSULTATION.—In selecting a 

14 topic and issuing a problem statement for 

15 the prize competition under subclauses (I) 

16 and (II) of subparagraph (C), respectively, 

17 the Board shall consult widely with Fed18 eral and non-Federal stakeholders, includ19 ing— 

20 (I) 1 or more Federal agencies 

21 with jurisdiction over the management 

22 of native wildlife species at risk due to 

23 conflict with human activities; 

24 (II) 1 or more State agencies 

25 with jurisdiction over the management 


kjohnson on DSK79L0C42 with BILLS
559 

•S 47 PCS

1 of native wildlife species at risk due to 

2 conflict with human activities; 

3 (III) 1 or more State, regional, 

4 or local wildlife organizations, the 

5 mission of which relates to the man6 agement of native wildlife species at 

7 risk due to conflict with human activi8 ties; and 

9 (IV) 1 or more wildlife conserva10 tion groups, technology companies, re11 search institutions, institutions of 

12 higher education, industry associa13 tions, or individual stakeholders with 

14 an interest in the management of na15 tive wildlife species at risk due to con16 flict with human activities. 

17 (v) REQUIREMENTS.—The Board 

18 shall comply with all requirements under 

19 paragraph (7)(A). 

20 (D) AGREEMENT WITH THE NATIONAL

21 FISH AND WILDLIFE FOUNDATION.— 

22 (i) IN GENERAL.—The Secretary shall 

23 offer to enter into an agreement under 

24 which the National Fish and Wildlife 


kjohnson on DSK79L0C42 with BILLS
560 

•S 47 PCS

1 Foundation shall administer the prize com2 petition. 

3 (ii) REQUIREMENTS.—An agreement 

4 entered into under clause (i) shall comply 

5 with all requirements under paragraph 

6 (7)(B). 

7 (E) JUDGES.— 

8 (i) APPOINTMENT.—The Secretary 

9 shall appoint not fewer than 3 judges who 

10 shall, except as provided in clause (ii), se11 lect the 1 or more annual winners of the 

12 prize competition. 

13 (ii) DETERMINATION BY THE SEC14 RETARY.—The judges appointed under 

15 clause (i) shall not select any annual win16 ner of the prize competition if the Sec17 retary makes a determination that, in any 

18 fiscal year, none of the technological ad19 vancements entered into the prize competi20 tion merits an award. 

21 (F) REPORT TO CONGRESS.—Not later 

22 than 60 days after the date on which a cash 

23 prize is awarded under this paragraph, the Sec24 retary shall submit to the Committee on Envi25 ronment and Public Works of the Senate and 


kjohnson on DSK79L0C42 with BILLS
561 

•S 47 PCS

1 the Committee on Natural Resources of the 

2 House of Representatives a report on the prize 

3 competition that includes— 

4 (i) a statement by the Board that de5 scribes the activities carried out by the 

6 Board relating to the duties described in 

7 subparagraph (C)(iii); 

8 (ii) if the Secretary has entered into 

9 an agreement under subparagraph (D)(i), 

10 a statement by the National Fish and 

11 Wildlife Foundation that describes the ac12 tivities carried out by the National Fish 

13 and Wildlife Foundation relating to the du14 ties described in paragraph (7)(B); and 

15 (iii) a statement by 1 or more of the 

16 judges appointed under subparagraph (E) 

17 that explains the basis on which the winner 

18 of the cash prize was selected. 

19 (G) TERMINATION OF AUTHORITY.—The 

20 Board and all authority provided under this 

21 paragraph shall terminate on December 31, 

22 2022. 

23 (7) ADMINISTRATION OF PRIZE COMPETI24 TIONS.— 


kjohnson on DSK79L0C42 with BILLS
562 

•S 47 PCS

1 (A) ADDITIONAL REQUIREMENTS FOR AD2 VISORY BOARDS.—An advisory board estab3 lished under paragraph (2)(C)(i), (3)(C)(i), 

4 (4)(C)(i), (5)(C)(i), or (6)(C)(i) (referred to in 

5 this paragraph as a ‘‘Board’’) shall comply with 

6 the following requirements: 

7 (i) TERM; VACANCIES.— 

8 (I) TERM.—A member of the 

9 Board shall serve for a term of 5 

10 years. 

11 (II) VACANCIES.—A vacancy on 

12 the Board— 

13 (aa) shall not affect the 

14 powers of the Board; and 

15 (bb) shall be filled in the 

16 same manner as the original ap17 pointment was made. 

18 (ii) INITIAL MEETING.—Not later 

19 than 30 days after the date on which all 

20 members of the Board have been ap21 pointed, the Board shall hold the initial 

22 meeting of the Board. 

23 (iii) MEETINGS.— 


kjohnson on DSK79L0C42 with BILLS
563 

•S 47 PCS

1 (I) IN GENERAL.—The Board 

2 shall meet at the call of the Chair3 person. 

4 (II) REMOTE PARTICIPATION.— 

5 (aa) IN GENERAL.—Any 

6 member of the Board may par7 ticipate in a meeting of the 

8 Board through the use of— 

9 (AA) teleconferencing; 

10 or 

11 (BB) any other remote 

12 business telecommunications 

13 method that allows each 

14 participating member to si15 multaneously hear each 

16 other participating member 

17 during the meeting. 

18 (bb) PRESENCE.—A member 

19 of the Board who participates in 

20 a meeting remotely under item 

21 (aa) shall be considered to be 

22 present at the meeting. 

23 (iv) QUORUM.—A majority of the 

24 members of the Board shall constitute a 


kjohnson on DSK79L0C42 with BILLS
564 

•S 47 PCS

1 quorum, but a lesser number of members 

2 may hold a meeting. 

3 (v) CHAIRPERSON AND VICE CHAIR4 PERSON.—The Board shall select a Chair5 person and Vice Chairperson from among 

6 the members of the Board. 

7 (vi) ADMINISTRATIVE COST REDUC8 TION.—The Board shall, to the maximum 

9 extent practicable, minimize the adminis10 trative costs of the Board, including by en11 couraging the remote participation de12 scribed in clause (iii)(II)(aa) to reduce 

13 travel costs. 

14 (B) AGREEMENTS WITH THE NATIONAL

15 FISH AND WILDLIFE FOUNDATION.—Any agree16 ment entered into under paragraph (2)(D)(i), 

17 (3)(D)(i), (4)(D)(i), (5)(D)(i), or (6)(D)(i) shall 

18 comply with the following requirements: 

19 (i) DUTIES.—An agreement shall pro20 vide that the National Fish and Wildlife 

21 Foundation shall— 

22 (I) advertise the prize competi23 tion; 

24 (II) solicit prize competition par25 ticipants; 


kjohnson on DSK79L0C42 with BILLS
565 

•S 47 PCS

1 (III) administer funds relating to 

2 the prize competition; 

3 (IV) receive Federal funds— 

4 (aa) to administer the prize 

5 competition; and 

6 (bb) to award a cash prize; 

7 (V) carry out activities to gen8 erate contributions of non-Federal 

9 funds to offset, in whole or in part— 

10 (aa) the administrative costs 

11 of the prize competition; and 

12 (bb) the costs of a cash 

13 prize; 

14 (VI) in consultation with, and 

15 subject to final approval by, the Sec16 retary, develop criteria for the selec17 tion of prize competition winners; 

18 (VII) provide advice and con19 sultation to the Secretary on the se20 lection of judges under paragraphs 

21 (2)(E), (3)(E), (4)(E), (5)(E), and 

22 (6)(E) based on criteria developed in 

23 consultation with, and subject to the 

24 final approval of, the Secretary; 


kjohnson on DSK79L0C42 with BILLS
566 

•S 47 PCS

1 (VIII) announce 1 or more an2 nual winners of the prize competition; 

3 (IX) subject to clause (ii), award 

4 1 cash prize annually; and 

5 (X) protect against unauthorized 

6 use or disclosure by the National Fish 

7 and Wildlife Foundation of any trade 

8 secret or confidential business infor9 mation of a prize competition partici10 pant. 

11 (ii) ADDITIONAL CASH PRIZES.—An 

12 agreement shall provide that the National 

13 Fish and Wildlife Foundation may award 

14 more than 1 cash prize annually if the ini15 tial cash prize referred to in clause (i)(IX) 

16 and any additional cash prize are awarded 

17 using only non-Federal funds. 

18 (iii) SOLICITATION OF FUNDS.—An 

19 agreement shall provide that the National 

20 Fish and Wildlife Foundation— 

21 (I) may request and accept Fed22 eral funds and non-Federal funds for 

23 a cash prize; 


kjohnson on DSK79L0C42 with BILLS
567 

•S 47 PCS

1 (II) may accept a contribution 

2 for a cash prize in exchange for the 

3 right to name the prize; and 

4 (III) shall not give special consid5 eration to any Federal agency or non6 Federal entity in exchange for a dona7 tion for a cash prize awarded under 

8 this subsection. 

9 (C) AWARD AMOUNTS.— 

10 (i) IN GENERAL.—The amount of the 

11 initial cash prize referred to in subpara12 graph (B)(i)(IX) shall be $100,000. 

13 (ii) ADDITIONAL CASH PRIZES.—On 

14 notification by the National Fish and Wild15 life Foundation that non-Federal funds are 

16 available for an additional cash prize, the 

17 Secretary shall determine the amount of 

18 the additional cash prize. 

19 SEC. 7002. REAUTHORIZATION OF NEOTROPICAL MIGRA20 TORY BIRD CONSERVATION ACT. 

21 Section 10 of the Neotropical Migratory Bird Con22 servation Act (16 U.S.C. 6109) is amended to read as fol23 lows: 


kjohnson on DSK79L0C42 with BILLS
568 

•S 47 PCS

1 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—There is authorized to be appro3 priated to carry out this Act $6,500,000 for each of fiscal 

4 years 2018 through 2022. 

5 ‘‘(b) USE OF FUNDS.—Of the amounts made avail6 able under subsection (a) for each fiscal year, not less than 

7 75 percent shall be expended for projects carried out at 

8 a location outside of the United States.’’. 

9 SEC. 7003. JOHN H. CHAFEE COASTAL BARRIER RE10 SOURCES SYSTEM. 

11 (a) REPLACEMENT OF JOHN H. CHAFEE COASTAL

12 BARRIER RESOURCES SYSTEM MAPS.— 

13 (1) IN GENERAL.—Subject to paragraph (3), 

14 each map included in the set of maps referred to in 

15 section 4(a) of the Coastal Barrier Resources Act 

16 (16 U.S.C. 3503(a)) that relates to a Unit of such 

17 System referred to in paragraph (2) is replaced in 

18 such set with the map described in that paragraph 

19 with respect to that Unit. 

20 (2) REPLACEMENT MAPS DESCRIBED.—The re21 placement maps referred to in paragraph (1) are the 

22 following: 

23 (A) The map entitled ‘‘Delaware Seashore 

24 Unit DE–07/DE–07P North Bethany Beach 

25 Unit H01’’ and dated March 18, 2016, with reVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
569 

•S 47 PCS

1 spect to Unit DE–07, Unit DE–07P, and Unit 

2 H01. 

3 (B) The map entitled ‘‘Pine Island Bay 

4 Unit NC–01/NC–01P’’ and dated March 18, 

5 2016, with respect to Unit NC–01 and Unit 

6 NC–01P. 

7 (C) The map entitled ‘‘Roosevelt Natural 

8 Area Unit NC–05P’’ and dated March 18, 

9 2016, with respect to Unit NC–05P. 

10 (D) The map entitled ‘‘Hammocks Beach 

11 Unit NC–06/NC–06P (2 of 2) Onslow Beach 

12 Complex L05 (1 of 2)’’ and dated March 18, 

13 2016, with respect to Unit L05. 

14 (E) The map entitled ‘‘Onslow Beach 

15 Complex L05 (2 of 2) Topsail Unit L06 (1 of 

16 2)’’ and dated November 20, 2013, with respect 

17 to Unit L05 and Unit L06. 

18 (F) The map entitled ‘‘Topsail Unit L06 

19 (2 of 2)’’ and dated November 20, 2013, with 

20 respect to Unit L06. 

21 (G) The map entitled ‘‘Litchfield Beach 

22 Unit M02 Pawleys Inlet Unit M03’’ and dated 

23 March 18, 2016, with respect to Unit M02 and 

24 Unit M03. 


kjohnson on DSK79L0C42 with BILLS
570 

•S 47 PCS

1 (H) The map entitled ‘‘Fort Clinch Unit 

2 FL–01/FL–01P’’ and dated March 18, 2016, 

3 with respect to Unit FL–01 and Unit FL–01P. 

4 (I) The map entitled ‘‘Usina Beach Unit 

5 P04A Conch Island Unit P05/P05P’’ and dated 

6 March 18, 2016, with respect to Unit P04A, 

7 Unit P05, and Unit P05P. 

8 (J) The map entitled ‘‘Ponce Inlet Unit 

9 P08/P08P’’ and dated March 18, 2016, with 

10 respect to Unit P08 and Unit P08P. 

11 (K) The map entitled ‘‘Spessard Holland 

12 Park Unit FL–13P Coconut Point Unit P09A/ 

13 P09AP’’ and dated March 18, 2016, with re14 spect to Unit FL–13P, Unit P09A, and Unit 

15 P09AP. 

16 (L) The map entitled ‘‘Blue Hole Unit 

17 P10A Pepper Beach Unit FL–14P’’ and dated 

18 March 18, 2016, with respect to Unit P10A 

19 and Unit FL–14P. 

20 (M) The map entitled ‘‘Hutchinson Island 

21 Unit P11/P11P (1 of 2)’’ and dated March 18, 

22 2016, with respect to Unit P11 and Unit P11P. 

23 (N) The map entitled ‘‘Hutchinson Island 

24 Unit P11 (2 of 2)’’ and dated March 18, 2016, 

25 with respect to Unit P11. 


kjohnson on DSK79L0C42 with BILLS
571 

•S 47 PCS

1 (O) The map entitled ‘‘Blowing Rocks Unit 

2 FL–15 Jupiter Beach Unit FL–16P Carlin 

3 Unit FL–17P’’ and dated March 18, 2016, 

4 with respect to Unit FL–15, Unit FL–16P, and 

5 Unit FL–17P. 

6 (P) The map entitled ‘‘MacArthur Beach 

7 Unit FL–18P’’ and dated March 18, 2016, 

8 with respect to Unit FL–18P. 

9 (Q) The map entitled ‘‘Birch Park Unit 

10 FL–19P’’ and dated March 18, 2016, with re11 spect to Unit FL–19P. 

12 (R) The map entitled ‘‘Lloyd Beach Unit 

13 FL–20P North Beach Unit P14A’’ and dated 

14 March 18, 2016, with respect to Unit FL–20P 

15 and Unit P14A. 

16 (S) The map entitled ‘‘Tavernier Key Unit 

17 FL–39 Snake Creek Unit FL–40’’ and dated 

18 March 18, 2016, with respect to Unit FL–39 

19 and Unit FL–40. 

20 (T) The map entitled ‘‘Channel Key Unit 

21 FL–43 Toms Harbor Keys Unit FL–44 Deer/ 

22 Long Point Keys Unit FL–45’’ and dated 

23 March 18, 2016, with respect to Unit FL–43, 

24 Unit FL–44, and FL–45. 


kjohnson on DSK79L0C42 with BILLS
572 

•S 47 PCS

1 (U) The map entitled ‘‘Boot Key Unit FL– 

2 46’’ and dated March 18, 2016, with respect to 

3 Unit FL–46. 

4 (V) The map entitled ‘‘Bowditch Point 

5 Unit P17A Bunche Beach Unit FL–67/FL– 

6 67P Sanibel Island Complex P18P (1 of 2)’’ 

7 and dated March 18, 2016, with respect to Unit 

8 P17A, Unit FL–67, and Unit FL–67P. 

9 (W) The map entitled ‘‘Bocilla Island Unit 

10 P21/P21P’’ and dated March 18, 2016, with 

11 respect to Unit P21 and Unit P21P. 

12 (X) The map entitled ‘‘Venice Inlet Unit 

13 FL–71P Casey Key Unit P22’’ and dated 

14 March 18, 2016, with respect to Unit P22. 

15 (Y) The map entitled ‘‘Lido Key Unit FL– 

16 72P’’ and dated March 18, 2016, with respect 

17 to Unit FL–72P. 

18 (Z) The map entitled ‘‘De Soto Unit FL– 

19 73P Rattlesnake Key Unit FL–78 Bishop Har20 bor Unit FL–82’’ and dated March 18, 2016, 

21 with respect to Unit FL–73P, Unit FL–78, and 

22 Unit FL–82. 

23 (AA) The map entitled ‘‘Passage Key Unit 

24 FL–80P Egmont Key Unit FL–81/FL–81P 

25 The Reefs Unit P24P (1 of 2)’’ and dated 


kjohnson on DSK79L0C42 with BILLS
573 

•S 47 PCS

1 March 18, 2016, with respect to Unit FL–80P, 

2 Unit FL–81, and Unit FL–81P. 

3 (BB) The map entitled ‘‘Cockroach Bay 

4 Unit FL–83’’ and dated March 18, 2016, with 

5 respect to Unit FL–83. 

6 (CC) The map entitled ‘‘Sand Key Unit 

7 FL–85P’’ and dated March 18, 2016, with re8 spect to Unit FL–85P. 

9 (DD) The map entitled ‘‘Pepperfish Keys 

10 Unit P26’’ and dated March 18, 2016, with re11 spect to Unit P26. 

12 (EE) The map entitled ‘‘Peninsula Point 

13 Unit FL–89’’ and dated March 18, 2016, with 

14 respect to Unit FL–89. 

15 (FF) The map entitled ‘‘Phillips Inlet Unit 

16 FL–93/FL–93P Deer Lake Complex FL–94’’ 

17 and dated March 18, 2016, with respect to Unit 

18 FL–93, Unit FL–93P, and Unit FL–94. 

19 (GG) The map entitled ‘‘St. Andrew Com20 plex P31 (1 of 3)’’ and dated October 7, 2016, 

21 with respect to Unit P31. 

22 (HH) The map entitled ‘‘St. Andrew Com23 plex P31 (2 of 3)’’ and dated October 7, 2016, 

24 with respect to Unit P31. 


kjohnson on DSK79L0C42 with BILLS
574 

•S 47 PCS

1 (II) The map entitled ‘‘St. Andrew Com2 plex P31/P31P (3 of 3)’’ and dated October 7, 

3 2016, with respect to Unit P31 and Unit P31P. 

4 (3) LIMITATIONS.—For purposes of paragraph 

5 (1)— 

6 (A) nothing in this subsection affects the 

7 boundaries of any of Units NC–06 and NC– 

8 06P; 

9 (B) the occurrence in paragraph (2) of the 

10 name of a Unit solely in the title of a map shall 

11 not be construed to be a reference to such Unit; 

12 and 

13 (C) the depiction of boundaries of any of 

14 Units P18P, FL–71P, and P24P in a map re15 ferred to in subparagraph (V), (X), or (AA) of 

16 paragraph (2) shall not be construed to affect 

17 the boundaries of such Unit. 

18 (4) CONFORMING AMENDMENT.—Section 4(a) 

19 of the Coastal Barrier Resources Act (16 U.S.C. 

20 3503(a)) is amended— 

21 (A) in the matter preceding paragraph (1), 

22 by inserting ‘‘replaced,’’ after ‘‘may be’’; and 

23 (B) in paragraph (3), by inserting ‘‘re24 places such a map or’’ after ‘‘that specifically’’. 


kjohnson on DSK79L0C42 with BILLS
575 

•S 47 PCS

1 (b) DIGITAL MAPS OF JOHN H. CHAFEE COASTAL

2 BARRIER RESOURCES SYSTEM UNITS.—Section 4(b) of 

3 the Coastal Barrier Resources Act (16 U.S.C. 3503(b)) 

4 is amended— 

5 (1) by inserting before the first sentence the 

6 following: 

7 ‘‘(1) IN GENERAL.—’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(2) DIGITAL MAPS.— 

10 ‘‘(A) AVAILABILITY.—The Secretary shall 

11 make available to the public on the Internet 

12 web site of the United States Fish and Wildlife 

13 Service digital versions of the maps included in 

14 the set of maps referred to in subsection (a). 

15 ‘‘(B) EFFECT.—Any determination as to 

16 whether a location is inside or outside the Sys17 tem shall be made without regard to the digital 

18 maps available under this paragraph, except 

19 that this subparagraph does not apply with re20 spect to any printed version of such a digital 

21 map if the printed version is included in the 

22 maps referred to in subsection (a). 

23 ‘‘(C) REPORT.—No later than 180 days 

24 after the date of the enactment of Natural Re25 sources Management Act, the Secretary shall 


kjohnson on DSK79L0C42 with BILLS
576 

•S 47 PCS

1 submit to the Committee on Natural Resources 

2 of the House of Representatives and the Com3 mittee on Environment and Public Works of the 

4 Senate a report regarding the progress and 

5 challenges in the transition from paper to dig6 ital maps and a timetable for completion of the 

7 digitization of all maps related to the System.’’. 

8 (c) REPEAL OF REPORT.—Section 3 of Public Law 

9 109–226 (16 U.S.C. 3503 note) is repealed. 

10 TITLE VIII—WATER AND POWER 

11 Subtitle A—Reclamation Title 

12 Transfer 

13 SEC. 8001. PURPOSE. 

14 The purpose of this subtitle is to facilitate the trans15 fer of title to Reclamation project facilities to qualifying 

16 entities on the completion of repayment of capital costs. 

17 SEC. 8002. DEFINITIONS. 

18 In this subtitle: 

19 (1) CONVEYED PROPERTY.—The term ‘‘con20 veyed property’’ means an eligible facility that has 

21 been conveyed to a qualifying entity under section 

22 8003. 

23 (2) ELIGIBLE FACILITY.—The term ‘‘eligible fa24 cility’’ means a facility that meets the criteria for 

25 potential transfer established under section 8004(a). 


kjohnson on DSK79L0C42 with BILLS
577 

•S 47 PCS

1 (3) FACILITY.— 

2 (A) IN GENERAL.—The term ‘‘facility’’ in3 cludes a dam or appurtenant works, canal, lat4 eral, ditch, gate, control structure, pumping 

5 station, other infrastructure, recreational facil6 ity, building, distribution and drainage works, 

7 and associated land or interest in land or water. 

8 (B) EXCLUSIONS.—The term ‘‘facility’’ 

9 does not include a Reclamation project facility, 

10 or a portion of a Reclamation project facility— 

11 (i) that is a reserved works as of the 

12 date of enactment of this Act; 

13 (ii) that generates hydropower mar14 keted by a Federal power marketing ad15 ministration; or 

16 (iii) that is managed for recreation 

17 under a lease, permit, license, or other 

18 management agreement that does con19 tribute to capital repayment. 

20 (4) PROJECT USE POWER.—The term ‘‘project 

21 use power’’ means the electrical capacity, energy, 

22 and associated ancillary service components required 

23 to provide the minimum electrical service needed to 

24 operate or maintain Reclamation project facilities in 


kjohnson on DSK79L0C42 with BILLS
578 

•S 47 PCS

1 accordance with the authorization for the Reclama2 tion project. 

3 (5) QUALIFYING ENTITY.—The term ‘‘quali4 fying entity’’ means an agency of a State or political 

5 subdivision of a State, a joint action or powers agen6 cy, a water users association, or an Indian Tribe or 

7 Tribal utility authority that— 

8 (A) as of the date of conveyance under this 

9 subtitle, is the current operator of the eligible 

10 facility pursuant to a contract with Reclama11 tion; and 

12 (B) as determined by the Secretary, has 

13 the capacity to continue to manage the eligible 

14 facility for the same purposes for which the 

15 property has been managed under the reclama16 tion laws. 

17 (6) RECLAMATION.—The term ‘‘Reclamation’’ 

18 means the Bureau of Reclamation. 

19 (7) RECLAMATION PROJECT.—The term ‘‘Rec20 lamation project’’ means— 

21 (A) any reclamation or irrigation project, 

22 including incidental features of the project— 

23 (i) that is authorized by the reclama24 tion laws; 


kjohnson on DSK79L0C42 with BILLS
579 

•S 47 PCS

1 (ii) that is constructed by the United 

2 States pursuant to the reclamation laws; or 

3 (iii) in connection with which there is 

4 a repayment or water service contract exe5 cuted by the United States pursuant to the 

6 reclamation laws; or 

7 (B) any project constructed by the Sec8 retary for the reclamation of land. 

9 (8) RESERVED WORKS.—The term ‘‘reserved 

10 works’’ means any building, structure, facility, or 

11 equipment— 

12 (A) that is owned by the Bureau; and 

13 (B) for which operations and maintenance 

14 are performed, regardless of the source of fund15 ing— 

16 (i) by an employee of the Bureau; or 

17 (ii) through a contract entered into by 

18 the Commissioner. 

19 (9) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary, acting through the Commissioner of 

21 Reclamation. 

22 SEC. 8003. AUTHORIZATION OF TRANSFERS OF TITLE TO 

23 ELIGIBLE FACILITIES. 

24 (a) AUTHORIZATION.— 


kjohnson on DSK79L0C42 with BILLS
580 

•S 47 PCS

1 (1) IN GENERAL.—Subject to the requirements 

2 of this subtitle, the Secretary, without further au3 thorization from Congress, may, on application of a 

4 qualifying entity, convey to a qualifying entity all 

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

6 to any eligible facility, if— 

7 (A) not later than 90 days before the date 

8 on which the Secretary makes the conveyance, 

9 the Secretary submits to Congress— 

10 (i) a written notice of the proposed 

11 conveyance; and 

12 (ii) a description of the reasons for 

13 the conveyance; and 

14 (B) a joint resolution disapproving the con15 veyance is not enacted before the date on which 

16 the Secretary makes the conveyance. 

17 (2) CONSULTATION.—A conveyance under para18 graph (1) shall be made by written agreement be19 tween the Secretary and the qualifying entity, devel20 oped in consultation with any existing water and 

21 power customers affected by the conveyance of the 

22 eligible facility. 

23 (b) RESERVATION OF EASEMENT.—The Secretary 

24 may reserve an easement over a conveyed property if— 


kjohnson on DSK79L0C42 with BILLS
581 

•S 47 PCS

1 (1) the Secretary determines that the easement 

2 is necessary for the management of any interests re3 tained by the Federal Government under this sub4 title; 

5 (2) the Reclamation project or a portion of the 

6 Reclamation project remains under Federal owner7 ship; and 

8 (3) the Secretary enters into an agreement re9 garding the easement with the applicable qualifying 

10 entity. 

11 (c) INTERESTS IN WATER.—No interests in water 

12 shall be conveyed under this subtitle unless the conveyance 

13 is provided for in a separate, quantified agreement be14 tween the Secretary and the qualifying entity, subject to 

15 applicable State law and public process requirements. 

16 SEC. 8004. ELIGIBILITY CRITERIA. 

17 (a) ESTABLISHMENT.—The Secretary shall establish 

18 criteria for determining whether a facility is eligible for 

19 conveyance under this subtitle. 

20 (b) MINIMUM REQUIREMENTS.— 

21 (1) AGREEMENT OF QUALIFYING ENTITY.—The 

22 criteria established under subsection (a) shall in23 clude a requirement that a qualifying entity shall 

24 agree— 

25 (A) to accept title to the eligible facility; 


kjohnson on DSK79L0C42 with BILLS
582 

•S 47 PCS

1 (B) to use the eligible facility for substan2 tially the same purposes for which the eligible 

3 facility is being used at the time the Secretary 

4 evaluates the potential transfer; and 

5 (C) to provide, as consideration for the as6 sets to be conveyed, compensation to the rec7 lamation fund established by the first section of 

8 the Act of June 17, 1902 (32 Stat. 388, chap9 ter 1093), in an amount that is the equivalent 

10 of the net present value of any repayment obli11 gation to the United States or other income 

12 stream that the United States derives from the 

13 eligible facility to be transferred, as of the date 

14 of the transfer. 

15 (2) DETERMINATIONS OF SECRETARY.—The 

16 criteria established under subsection (a) shall in17 clude a requirement that the Secretary shall— 

18 (A) be able to enter into an agreement 

19 with the qualifying entity with respect to the 

20 legal, institutional, and financial arrangements 

21 relating to the conveyance; 

22 (B) determine that the proposed trans23 fer— 

24 (i) would not have an unmitigated sig25 nificant effect on the environment; 


kjohnson on DSK79L0C42 with BILLS
583 

•S 47 PCS

1 (ii) is consistent with the responsibil2 ities of the Secretary— 

3 (I) in the role as trustee for fed4 erally recognized Indian Tribes; and 

5 (II) to ensure compliance with 

6 any applicable international and Trib7 al treaties and agreements and inter8 state compacts and agreements; 

9 (iii) is in the financial interest of the 

10 United States; 

11 (iv) protects the public aspects of the 

12 eligible facility, including water rights 

13 managed for public purposes, such as flood 

14 control or fish and wildlife; 

15 (v) complies with all applicable Fed16 eral and State law; and 

17 (vi) will not result in an adverse im18 pact on fulfillment of existing water deliv19 ery obligations consistent with historical 

20 operations and applicable contracts; and 

21 (C) if the eligible facility proposed to be 

22 transferred is a dam or diversion works (not in23 cluding canals or other project features that re24 ceive or convey water from the diverting works) 

25 diverting water from a water body containing a 


kjohnson on DSK79L0C42 with BILLS
584 

•S 47 PCS

1 species listed as a threatened species or an en2 dangered species or critical habitat under the 

3 Endangered Species Act of 1973 (16 U.S.C. 

4 1531 et seq.), determine that— 

5 (i) the eligible facility continues to 

6 comply with the Endangered Species Act 

7 of 1973 (16 U.S.C. 1531 et seq.) in a 

8 manner that provides no less protection to 

9 the listed species as existed under Federal 

10 ownership; and 

11 (ii) the eligible facility is not part of 

12 the Central Valley Project in the State of 

13 California. 

14 (3) STATUS OF RECLAMATION LAND.—The cri15 teria established under subsection (a) shall require 

16 that any land to be conveyed out of Federal owner17 ship under this subtitle is— 

18 (A) land acquired by the Secretary; or 

19 (B) land withdrawn by the Secretary, only 

20 if— 

21 (i) the Secretary determines in writing 

22 that the withdrawn land is encumbered by 

23 facilities to the extent that the withdrawn 

24 land is unsuitable for return to the public 

25 domain; and 


kjohnson on DSK79L0C42 with BILLS
585 

•S 47 PCS

1 (ii) the qualifying entity agrees to pay 

2 fair market value based on historical or ex3 isting uses for the withdrawn land to be 

4 conveyed. 

5 (c) HOLD HARMLESS.—No conveyance under this 

6 subtitle shall adversely impact applicable Federal power 

7 rates, repayment obligations, or other project power uses. 

8 SEC. 8005. LIABILITY. 

9 (a) IN GENERAL.—Effective on the date of convey10 ance of any eligible facility under this subtitle, the United 

11 States shall not be held liable by any court for damages 

12 of any kind arising out of any act, omission, or occurrence 

13 relating to the eligible facility, other than damages caused 

14 by acts of negligence committed by the United States or 

15 by agents or employees of the United States prior to the 

16 date of the conveyance. 

17 (b) EFFECT.—Nothing in this section increases the 

18 liability of the United States beyond that currently pro19 vided in chapter 171 of title 28, United States Code (com20 monly known as the ‘‘Federal Tort Claims Act’’). 

21 SEC. 8006. BENEFITS. 

22 After a conveyance of an eligible facility under this 

23 subtitle— 

24 (1) the conveyed property shall no longer be 

25 considered to be part of a Reclamation project; 


kjohnson on DSK79L0C42 with BILLS
586 

•S 47 PCS

1 (2) except as provided in paragraph (3), the 

2 qualifying entity to which the conveyed property is 

3 conveyed shall not be eligible to receive any benefits, 

4 including project use power, with respect to the con5 veyed property, except for any benefit that would be 

6 available to a similarly situated entity with respect 

7 to property that is not a part of a Reclamation 

8 project; and 

9 (3) the qualifying entity to which the conveyed 

10 property is conveyed may be eligible to receive 

11 project use power if— 

12 (A) the qualifying entity is receiving 

13 project use power as of the date of enactment 

14 of this Act; 

15 (B) the project use power will be used for 

16 the delivery of Reclamation project water; and 

17 (C) the Secretary and the qualifying entity 

18 enter into an agreement under which the quali19 fying entity agrees to continue to be responsible 

20 for a proportionate share of operation and 

21 maintenance and capital costs for the Federal 

22 facilities that generate and deliver, if applicable, 

23 power used for delivery of Reclamation project 

24 water after the date of conveyance, in accord25 ance with Reclamation project use power rates. 


kjohnson on DSK79L0C42 with BILLS
587 

•S 47 PCS

1 SEC. 8007. COMPLIANCE WITH OTHER LAWS. 

2 (a) IN GENERAL.—Before conveying an eligible facil3 ity under this subtitle, the Secretary shall comply with all 

4 applicable Federal environmental laws, including— 

5 (1) the National Environmental Policy Act of 

6 1969 (42 U.S.C. 4321 et seq.); 

7 (2) the Endangered Species Act of 1973 (16 

8 U.S.C. 1531 et seq.); and 

9 (3) subtitle III of title 54, United States Code. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that any Federal permitting and review processes 

12 required with respect to a conveyance of an eligible facility 

13 under this subtitle should be completed with the maximum 

14 efficiency and effectiveness. 

15 Subtitle B—Endangered Fish 

16 Recovery Programs 

17 SEC. 8101. EXTENSION OF AUTHORIZATION FOR ANNUAL 

18 BASE FUNDING OF FISH RECOVERY PRO19 GRAMS; REMOVAL OF CERTAIN REPORTING 

20 REQUIREMENT. 

21 Section 3(d) of Public Law 106–392 (114 Stat. 1604; 

22 126 Stat. 2444) is amended— 

23 (1) by striking paragraph (1) and inserting the 

24 following: 

25 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 


kjohnson on DSK79L0C42 with BILLS
588 

•S 47 PCS

1 ‘‘(A) IN GENERAL.—There is authorized to 

2 be appropriated to the Secretary to be used by 

3 the Bureau of Reclamation to make the annual 

4 base funding contributions to the Recovery Im5 plementation Programs $10,000,000 for each of 

6 fiscal years 2020 through 2023. 

7 ‘‘(B) NONREIMURSABLE FUNDS.—The 

8 funds contributed to the Recovery Implementa9 tion Programs under subparagraph (A) shall be 

10 considered a nonreimbursable Federal expendi11 ture.’’; and 

12 (2) in paragraph (2), by striking the fourth, 

13 fifth, sixth, and seventh sentences. 

14 SEC. 8102. REPORT ON RECOVERY IMPLEMENTATION PRO15 GRAMS. 

16 Section 3 of Public Law 106–392 (114 Stat. 1603; 

17 126 Stat. 2444) is amended by adding at the end the fol18 lowing: 

19 ‘‘(j) REPORT.— 

20 ‘‘(1) IN GENERAL.—Not later than September 

21 30, 2021, the Secretary shall submit to the appro22 priate committees of Congress a report that— 

23 ‘‘(A) describes the accomplishments of the 

24 Recovery Implementation Programs; 

25 ‘‘(B) identifies— 


kjohnson on DSK79L0C42 with BILLS
589 

•S 47 PCS

1 ‘‘(i) as of the date of the report, the 

2 listing status under the Endangered Spe3 cies Act of 1973 (16 U.S.C. 1531 et seq.) 

4 of the Colorado pikeminnow, humpback 

5 chub, razorback sucker, and bonytail; and 

6 ‘‘(ii) as of September 30, 2023, the 

7 projected listing status under that Act of 

8 each of the species referred to in clause (i); 

9 ‘‘(C)(i) identifies— 

10 ‘‘(I) the total expenditures and the ex11 penditures by categories of activities by the 

12 Recovery Implementation Programs during 

13 the period beginning on the date on which 

14 the applicable Recovery Implementation 

15 Program was established and ending on 

16 September 30, 2021; and 

17 ‘‘(II) projected expenditures by the 

18 Recovery Implementation Programs during 

19 the period beginning on October 1, 2021, 

20 and ending on September 30, 2023; and 

21 ‘‘(ii) for purposes of the expenditures iden22 tified under clause (i), includes a description 

23 of— 

24 ‘‘(I) any expenditures of appropriated 

25 funds; 


kjohnson on DSK79L0C42 with BILLS
590 

•S 47 PCS

1 ‘‘(II) any power revenues; 

2 ‘‘(III) any contributions by the States, 

3 power customers, Tribes, water users, and 

4 environmental organizations; and 

5 ‘‘(IV) any other sources of funds for 

6 the Recovery Implementation Programs; 

7 and 

8 ‘‘(D) describes— 

9 ‘‘(i) any activities to be carried out 

10 under the Recovery Implementation Pro11 gram after September 30, 2023; and 

12 ‘‘(ii) the projected cost of the activi13 ties described under clause (i). 

14 ‘‘(2) CONSULTATION REQUIRED.—The Sec15 retary shall consult with the participants in the Re16 covery Implementation Programs in preparing the 

17 report under paragraph (1).’’. 

18 Subtitle C—Yakima River Basin 

19 Water Enhancement Project 

20 SEC. 8201. AUTHORIZATION OF PHASE III. 

21 (a) DEFINITIONS.—In this section: 

22 (1) INTEGRATED PLAN.—The term ‘‘Integrated 

23 Plan’’ means the Yakima River Basin Integrated 

24 Water Resource Management Plan, the Federal ele25 ments of which are known as ‘‘phase III of the YakVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
591 

•S 47 PCS

1 ima River Basin Water Enhancement Project’’, as 

2 described in the Bureau of Reclamation document 

3 entitled ‘‘Record of Decision for the Yakima River 

4 Basin Integrated Water Resource Management Plan 

5 Final Programmatic Environmental Impact State6 ment’’ and dated March 2, 2012. 

7 (2) IRRIGATION ENTITY.—The term ‘‘irrigation 

8 entity’’ means a district, project, or State-recognized 

9 authority, board of control, agency, or entity located 

10 in the Yakima River basin that manages and deliv11 ers irrigation water to farms in the Yakima River 

12 basin. 

13 (3) PRORATABLE IRRIGATION ENTITY.—The 

14 term ‘‘proratable irrigation entity’’ means an irriga15 tion entity that possesses, or the members of which 

16 possess, proratable water (as defined in section 1202 

17 of Public Law 103–434 (108 Stat. 4551)). 

18 (4) STATE.—The term ‘‘State’’ means the State 

19 of Washington. 

20 (5) TOTAL WATER SUPPLY AVAILABLE.—The 

21 term ‘‘total water supply available’’ has the meaning 

22 given the term in applicable civil actions, as deter23 mined by the Secretary. 

24 (6) YAKIMA RIVER BASIN WATER ENHANCE25 MENT PROJECT.—The term ‘‘Yakima River Basin 


kjohnson on DSK79L0C42 with BILLS
592 

•S 47 PCS

1 Water Enhancement Project’’ means the Yakima 

2 River basin water enhancement project authorized 

3 by Congress pursuant to title XII of Public Law 

4 103–434 (108 Stat. 4550; 114 Stat. 1425) and 

5 other Acts (including Public Law 96–162 (93 Stat. 

6 1241), section 109 of Public Law 98–381 (16 

7 U.S.C. 839b note), and Public Law 105–62 (111 

8 Stat. 1320)) to promote water conservation, water 

9 supply, habitat, and stream enhancement improve10 ments in the Yakima River basin. 

11 (b) INTEGRATED PLAN.— 

12 (1) INITIAL DEVELOPMENT PHASE.— 

13 (A) IN GENERAL.—As the initial develop14 ment phase of the Integrated Plan, the Sec15 retary, in coordination with the State and the 

16 Yakama Nation, shall identify and implement 

17 projects under the Integrated Plan that are pre18 pared to be commenced during the 10-year pe19 riod beginning on the date of enactment of this 

20 Act. 

21 (B) REQUIREMENT.—The initial develop22 ment phase of the Integrated Plan under sub23 paragraph (A) shall be carried out in accord24 ance with— 


kjohnson on DSK79L0C42 with BILLS
593 

•S 47 PCS

1 (i) this subsection, including any re2 lated plans, reports, and correspondence 

3 referred to in this subsection; and 

4 (ii) title XII of Public Law 103–434 

5 (108 Stat. 4550; 114 Stat. 1425). 

6 (2) INTERMEDIATE AND FINAL DEVELOPMENT

7 PHASES.— 

8 (A) PLANS.—The Secretary, in coordina9 tion with the State and the Yakama Nation, 

10 shall develop plans for the intermediate and 

11 final development phases of the Integrated Plan 

12 to achieve the purposes of title XII of Public 

13 Law 103–434 (108 Stat. 4550; 114 Stat. 

14 1425), including conducting applicable feasi15 bility studies, environmental reviews, and other 

16 relevant studies required to develop those plans. 

17 (B) INTERMEDIATE DEVELOPMENT

18 PHASE.—The Secretary, in coordination with 

19 the State and the Yakama Nation, shall develop 

20 an intermediate development phase of the Inte21 grated Plan, to commence not earlier than the 

22 date that is 10 years after the date of enact23 ment of this Act. 

24 (C) FINAL DEVELOPMENT PHASE.—The 

25 Secretary, in coordination with the State and 


kjohnson on DSK79L0C42 with BILLS
594 

•S 47 PCS

1 the Yakama Nation, shall develop a final devel2 opment phase of the Integrated Plan, to com3 mence not earlier than the date that is 20 years 

4 after the date of enactment of this Act. 

5 (3) REQUIREMENTS.—The projects and activi6 ties identified by the Secretary for implementation 

7 under the Integrated Plan shall be carried out 

8 only— 

9 (A) subject to authorization and appropria10 tion; 

11 (B) contingent on the completion of appli12 cable feasibility studies, environmental reviews, 

13 and cost-benefit analyses that include favorable 

14 recommendations for further project develop15 ment; 

16 (C) on public review and a determination 

17 by the Secretary that design, construction, and 

18 operation of a proposed project or activity is in 

19 the best interest of the public; and 

20 (D) in accordance with applicable laws, in21 cluding— 

22 (i) the National Environmental Policy 

23 Act of 1969 (42 U.S.C. 4321 et seq.); and 

24 (ii) the Endangered Species Act of 

25 1973 (16 U.S.C. 1531 et seq.). 


kjohnson on DSK79L0C42 with BILLS
595 

•S 47 PCS

1 (4) EFFECT OF SUBSECTION.—Nothing in this 

2 subsection— 

3 (A) shall be considered to be a new or sup4 plemental benefit for purposes of the Reclama5 tion Reform Act of 1982 (43 U.S.C. 390aa et 

6 seq.); 

7 (B) affects— 

8 (i) any contract in existence on the 

9 date of enactment of this Act that was exe10 cuted pursuant to the reclamation laws; or 

11 (ii) any contract or agreement be12 tween the Bureau of Indian Affairs and 

13 the Bureau of Reclamation; 

14 (C) affects, waives, abrogates, diminishes, 

15 defines, or interprets any treaty between the 

16 Yakama Nation and the United States; or 

17 (D) constrains the authority of the Sec18 retary to provide fish passage in the Yakima 

19 River basin, in accordance with the Hoover 

20 Power Plant Act of 1984 (43 U.S.C. 619 et 

21 seq.). 

22 (5) PROGRESS REPORT.—Not later than 5 

23 years after the date of enactment of this Act, the 

24 Secretary, in conjunction with the State and in con25 sultation with the Yakama Nation, shall submit to 


kjohnson on DSK79L0C42 with BILLS
596 

•S 47 PCS

1 the Committee on Energy and Natural Resources of 

2 the Senate and the Committee on Natural Resources 

3 of the House of Representatives a progress report on 

4 the development and implementation of the Inte5 grated Plan. 

6 (c) FINANCING, CONSTRUCTION, OPERATION, AND

7 MAINTENANCE OF KACHESS DROUGHT RELIEF PUMPING

8 PLANT AND KEECHELUS TO KACHESS PIPELINE.— 

9 (1) LONG-TERM AGREEMENTS.— 

10 (A) IN GENERAL.—A long-term agreement 

11 negotiated pursuant to this section or the rec12 lamation laws between the Secretary and a par13 ticipating proratable irrigation entity in the 

14 Yakima River basin for the non-Federal financ15 ing, construction, operation, or maintenance of 

16 the Drought Relief Pumping Plant or the 

17 Keechelus to Kachess Pipeline shall include pro18 visions regarding— 

19 (i) responsibilities of each partici20 pating proratable irrigation entity for— 

21 (I) the planning, design, and con22 struction of infrastructure, in con23 sultation and coordination with the 

24 Secretary; and 


kjohnson on DSK79L0C42 with BILLS
597 

•S 47 PCS

1 (II) the pumping and operational 

2 costs necessary to provide the total 

3 water supply available that is made 

4 inaccessible due to drought pumping 

5 during any preceding calendar year, if 

6 the Kachess Reservoir fails to refill as 

7 a result of pumping drought storage 

8 water during such a calendar year; 

9 (ii) property titles and responsibilities 

10 of each participating proratable irrigation 

11 entity for the maintenance of, and liability 

12 for, all infrastructure constructed under 

13 title XII of Public Law 103–434 (108 

14 Stat. 4550; 114 Stat. 1425); 

15 (iii) operation and integration of the 

16 projects by the Secretary in the operation 

17 of the Yakima Project; and 

18 (iv) costs associated with the design, 

19 financing, construction, operation, mainte20 nance, and mitigation of projects, with the 

21 costs of Federal oversight and review to be 

22 nonreimbursable to the participating pro23 ratable irrigation entities and the Yakima 

24 Project. 


kjohnson on DSK79L0C42 with BILLS
598 

•S 47 PCS

1 (B) TREATMENT.—A facility developed or 

2 operated by a participating proratable irrigation 

3 entity under this subsection shall not be consid4 ered to be a supplemental work for purposes of 

5 section 9(a) of the Reclamation Project Act of 

6 1939 (43 U.S.C. 485h(a)). 

7 (2) KACHESS RESERVOIR.— 

8 (A) IN GENERAL.—Any additional stored 

9 water made available by the construction of a 

10 facility to access and deliver inactive and nat11 ural storage in Kachess Lake and Reservoir 

12 under this subsection— 

13 (i) shall be considered to be Yakima 

14 Project water; 

15 (ii) shall be used exclusively by the 

16 Secretary to enhance the water supply dur17 ing years for which the total water supply 

18 available is not sufficient to provide a per19 centage of proratable entitlements in order 

20 to make that additional water available, in 

21 a quantity representing not more than 70 

22 percent of proratable entitlements to the 

23 Kittitas Reclamation District, the Roza Ir24 rigation District, or any other proratable 

25 irrigation entity participating in the conVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
599 

•S 47 PCS

1 struction, operation, or maintenance costs 

2 of a facility under this section, in accord3 ance with such terms and conditions as the 

4 districts may agree, subject to the condi5 tions that— 

6 (I) the Bureau of Indian Affairs, 

7 the Wapato Irrigation Project, and 

8 the Yakama Nation, on an election to 

9 participate, may also obtain water 

10 from Kachess Reservoir inactive stor11 age to enhance applicable existing irri12 gation water supply in accordance 

13 with such terms and conditions as the 

14 Bureau of Indian Affairs and the 

15 Yakama Nation may agree; and 

16 (II) the additional supply made 

17 available under this clause shall be 

18 available to participating individuals 

19 and entities based on— 

20 (aa) the proportion that— 

21 (AA) the proratable en22 titlement of each partici23 pating individual or entity; 

24 bears to 


kjohnson on DSK79L0C42 with BILLS
600 

•S 47 PCS

1 (BB) the proratable en2 titlements of all partici3 pating individuals and enti4 ties; or 

5 (bb) such other proportion 

6 as the participating entities may 

7 agree; and 

8 (iii) shall not be any portion of the 

9 total water supply available. 

10 (B) EFFECT OF PARAGRAPH.—Nothing in 

11 this paragraph affects, as in existence on the 

12 date of enactment of this Act, any— 

13 (i) contract; 

14 (ii) law (including regulations) relat15 ing to repayment costs; 

16 (iii) water rights; or 

17 (iv) treaty right of the Yakama Na18 tion. 

19 (3) PROJECT POWER FOR KACHESS PUMPING

20 PLANT.— 

21 (A) IN GENERAL.—Subject to subpara22 graphs (B) through (D), the Administrator of 

23 the Bonneville Power Administration, pursuant 

24 to the Pacific Northwest Electric Power Plan25 ning and Conservation Act (16 U.S.C. 839 et 


kjohnson on DSK79L0C42 with BILLS
601 

•S 47 PCS

1 seq.), shall provide to the Secretary project 

2 power to operate the Kachess Pumping Plant 

3 constructed under this section if inactive stor4 age in the Kachess Reservoir is needed to pro5 vide drought relief for irrigation. 

6 (B) DETERMINATIONS BY SECRETARY.— 

7 The project power described in subparagraph 

8 (A) may be provided only if the Secretary deter9 mines that— 

10 (i) there are in effect— 

11 (I) a drought declaration issued 

12 by the State; and 

13 (II) conditions that have led to 

14 70 percent or lower water delivery to 

15 proratable irrigation districts; and 

16 (ii) it is appropriate to provide the 

17 power under that subparagraph. 

18 (C) PERIOD OF AVAILABILITY.—The power 

19 described in subparagraph (A) shall be provided 

20 during the period— 

21 (i) beginning on the date on which the 

22 Secretary makes the determinations de23 scribed in subparagraph (B); and 

24 (ii) ending on the earlier of— 


kjohnson on DSK79L0C42 with BILLS
602 

•S 47 PCS

1 (I) the date that is 1 year after 

2 that date; and 

3 (II) the date on which the Sec4 retary determines that— 

5 (aa) drought mitigation 

6 measures are still necessary in 

7 the Yakima River basin; or 

8 (bb) the power should no 

9 longer be provided for any other 

10 reason. 

11 (D) RATE.— 

12 (i) IN GENERAL.—The Administrator 

13 of the Bonneville Power Administration 

14 shall provide project power under subpara15 graph (A) at the then-applicable lowest 

16 Bonneville Power Administration rate for 

17 public body, cooperative, and Federal agen18 cy customer firm obligations on the date 

19 on which the authority is provided. 

20 (ii) NO DISCOUNTS.—The rate under 

21 clause (i) shall not include any irrigation 

22 discount. 

23 (E) LOCAL PROVIDER.—During any period 

24 for which project power is not provided under 

25 subparagraph (A), the Secretary shall obtain 


kjohnson on DSK79L0C42 with BILLS
603 

•S 47 PCS

1 power to operate the Kachess Pumping Plant 

2 from a local provider. 

3 (F) OTHER COSTS.—The cost of power for 

4 pumping and station service, and the costs of 

5 transmitting power from the Federal Columbia 

6 River power system to the pumping facilities of 

7 the Yakima River Basin Water Enhancement 

8 Project, shall be borne by the irrigation dis9 tricts receiving the benefits of the applicable 

10 water. 

11 (G) DUTIES OF COMMISSIONER.—For pur12 poses of this paragraph, the Commissioner of 

13 Reclamation shall arrange transmission for any 

14 delivery of— 

15 (i) Federal power over the Bonneville 

16 system through applicable tariff and busi17 ness practice processes of that system; or 

18 (ii) power obtained from any local 

19 provider. 

20 (d) DESIGN AND USE OF GROUNDWATER RECHARGE

21 PROJECTS.—The Secretary, in coordination with the State 

22 and the Yakama Nation, may provide technical assistance 

23 for, participate in, and enter into agreements, including 

24 with irrigation entities for the use of excess conveyance 


kjohnson on DSK79L0C42 with BILLS
604 

•S 47 PCS

1 capacity in Yakima River Basin Water Enhancement 

2 Project facilities, for— 

3 (1) groundwater recharge projects; and 

4 (2) aquifer storage and recovery projects. 

5 (e) OPERATIONAL CONTROL OF WATER SUPPLIES.— 

6 (1) IN GENERAL.—The Secretary shall retain 

7 authority and discretion over the management of 

8 Yakima River Basin Water Enhancement Project 

9 supplies— 

10 (A) to optimize operational use and flexi11 bility; and 

12 (B) to ensure compliance with all applica13 ble Federal and State laws, treaty rights of the 

14 Yakama Nation, and legal obligations, including 

15 those under title XII of Public Law 103–434 

16 (108 Stat. 4550; 114 Stat. 1425). 

17 (2) INCLUSION.—The authority and discretion 

18 described in paragraph (1) shall include the ability 

19 of the United States to store, deliver, conserve, and 

20 reuse water supplies deriving from projects author21 ized under title XII of Public Law 103–434 (108 

22 Stat. 4550; 114 Stat. 1425). 

23 (f) COOPERATIVE AGREEMENTS AND GRANTS.—The 

24 Secretary may enter into cooperative agreements and 

25 make grants to carry out this section, including for the 


kjohnson on DSK79L0C42 with BILLS
605 

•S 47 PCS

1 purposes of land and water transfers, leases, and acquisi2 tions from willing participants, subject to the condition 

3 that the acquiring entity shall hold title to, and be respon4 sible for, all required operation, maintenance, and man5 agement of the acquired land or water during any period 

6 in which the acquiring entity holds title to the acquired 

7 land. 

8 (g) WATER CONSERVATION PROJECTS.—The Sec9 retary may participate in, provide funding for, and accept 

10 non-Federal financing for water conservation projects, re11 gardless of whether the projects are in accordance with 

12 the Yakima River Basin Water Conservation Program es13 tablished under section 1203 of Public Law 103–434 (108 

14 Stat. 4551), that are intended to partially implement the 

15 Integrated Plan by providing conserved water to improve 

16 tributary and mainstem stream flow. 

17 (h) INDIAN IRRIGATION PROJECTS.— 

18 (1) IN GENERAL.—The Secretary, acting 

19 through the Commissioner of Reclamation, may con20 tribute funds for the preparation of plans and inves21 tigation measures, and, after the date on which the 

22 Secretary certifies that the measures are consistent 

23 with the water conservation objectives of this sec24 tion, to any Indian irrigation project— 


kjohnson on DSK79L0C42 with BILLS
606 

•S 47 PCS

1 (A) that is located in the Pacific North2 west Region; 

3 (B) that is identified in the report of the 

4 Government Accountability Office numbered 

5 GAO–15–453T; 

6 (C) that has been identified as part of a 

7 Bureau of Reclamation basin study pursuant to 

8 subtitle F of title IX of Public Law 111–11 (42 

9 U.S.C. 10361 et seq.) to increase water supply 

10 for the Pacific Northwest Region; and 

11 (D) an improvement to which would con12 tribute to the flow of interstate water. 

13 (2) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to carry out 

15 this subsection $75,000,000. 

16 SEC. 8202. MODIFICATION OF PURPOSES AND DEFINITIONS. 

17 (a) PURPOSES.—Section 1201 of Public Law 103– 

18 434 (108 Stat. 4550) is amended— 

19 (1) by striking paragraph (1) and inserting the 

20 following: 

21 ‘‘(1) to protect, mitigate, and enhance fish and 

22 wildlife and the recovery and maintenance of self23 sustaining harvestable populations of fish and other 

24 aquatic life, both anadromous and resident species, 


kjohnson on DSK79L0C42 with BILLS
607 

•S 47 PCS

1 throughout their historic distribution range in the 

2 Yakima Basin through— 

3 ‘‘(A) improved water management and the 

4 constructions of fish passage at storage and di5 version dams, as authorized under the Hoover 

6 Power Plant Act of 1984 (43 U.S.C. 619 et 

7 seq.); 

8 ‘‘(B) improved instream flows and water 

9 supplies; 

10 ‘‘(C) improved water quality, watershed, 

11 and ecosystem function; 

12 ‘‘(D) protection, creation, and enhance13 ment of wetlands; and 

14 ‘‘(E) other appropriate means of habitat 

15 improvement;’’; 

16 (2) in paragraph (2), by inserting ‘‘, municipal, 

17 industrial, and domestic water supply and use pur18 poses, especially during drought years, including re19 ducing the frequency and severity of water supply 

20 shortages for pro-ratable irrigation entities’’ before 

21 the semicolon at the end; 

22 (3) by striking paragraph (4); 

23 (4) by redesignating paragraph (3) as para24 graph (4); 


kjohnson on DSK79L0C42 with BILLS
608 

•S 47 PCS

1 (5) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) to authorize the Secretary to make water 

4 available for purchase or lease for meeting munic5 ipal, industrial, and domestic water supply pur6 poses;’’; 

7 (6) by redesignating paragraphs (5) and (6) as 

8 paragraphs (6) and (8), respectively; 

9 (7) by inserting after paragraph (4) (as redesig10 nated by paragraph (4)) the following: 

11 ‘‘(5) to realize sufficient water savings from im12 plementing the Yakima River Basin Integrated 

13 Water Resource Management Plan, so that not less 

14 than 85,000 acre feet of water savings are achieved 

15 by implementing the initial development phase of the 

16 Integrated Plan pursuant to section 8201(b)(1) of 

17 the Natural Resources Management Act, in addition 

18 to the 165,000 acre-feet of water savings targeted 

19 through the Basin Conservation Program, as author20 ized on October 31, 1994;’’; 

21 (8) in paragraph (6) (as redesignated by para22 graph (6))— 

23 (A) by inserting ‘‘an increase in’’ before 

24 ‘‘voluntary’’; and 

25 (B) by striking ‘‘and’’ at the end; 


kjohnson on DSK79L0C42 with BILLS
609 

•S 47 PCS

1 (9) by inserting after paragraph (6) (as so re2 designated) the following: 

3 ‘‘(7) to encourage an increase in the use of, and 

4 reduce the barriers to, water transfers, leasing, mar5 kets, and other voluntary transactions among public 

6 and private entities to enhance water management 

7 in the Yakima River basin;’’; 

8 (10) in paragraph (8) (as so redesignated), by 

9 striking the period at the end and inserting ‘‘; and’’; 

10 and 

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

12 ‘‘(9) to improve the resilience of the ecosystems, 

13 economies, and communities in the Yakima River 

14 basin facing drought, hydrologic changes, and other 

15 related changes and variability in natural and 

16 human systems, for the benefit of the people, fish, 

17 and wildlife of the region.’’. 

18 (b) DEFINITIONS.—Section 1202 of Public Law 103– 

19 434 (108 Stat. 4550) is amended— 

20 (1) by redesignating paragraphs (6), (7), (8), 

21 (9), (10), (11), (12), (13), and (14) as paragraphs 

22 (8), (10), (11), (12), (13), (14), (15), (17), and 

23 (18), respectively; 

24 (2) by inserting after paragraph (5) the fol25 lowing: 


kjohnson on DSK79L0C42 with BILLS
610 

•S 47 PCS

1 ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The 

2 term ‘designated Federal official’ means the Com3 missioner of Reclamation (or a designee), acting 

4 pursuant to the charter of the Conservation Advisory 

5 Group. 

6 ‘‘(7) INTEGRATED PLAN.—The term ‘Integrated 

7 Plan’ has the meaning given the term in section 

8 8201(a) of the Natural Resources Management Act, 

9 to be carried out in cooperation with, and in addi10 tion to, activities of the State of Washington and the 

11 Yakama Nation.’’; 

12 (3) by inserting after paragraph (8) (as redesig13 nated by paragraph (1)) the following: 

14 ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC

15 WATER SUPPLY AND USE.—The term ‘municipal, in16 dustrial, and domestic water supply and use’ means 

17 the supply and use of water for— 

18 ‘‘(A) domestic consumption (whether urban 

19 or rural); 

20 ‘‘(B) maintenance and protection of public 

21 health and safety; 

22 ‘‘(C) manufacture, fabrication, processing, 

23 assembly, or other production of a good or com24 modity; 

25 ‘‘(D) production of energy; 


kjohnson on DSK79L0C42 with BILLS
611 

•S 47 PCS

1 ‘‘(E) fish hatcheries; or 

2 ‘‘(F) water conservation activities relating 

3 to a use described in subparagraphs (A) 

4 through (E).’’; and 

5 (4) by inserting after paragraph (15) (as so re6 designated) the following: 

7 ‘‘(16) YAKIMA ENHANCEMENT PROJECT; YAK8 IMA RIVER BASIN WATER ENHANCEMENT

9 PROJECT.—The terms ‘Yakima Enhancement 

10 Project’ and ‘Yakima River Basin Water Enhance11 ment Project’ mean the Yakima River basin water 

12 enhancement project authorized by Congress pursu13 ant to this Act and other Acts (including Public Law 

14 96–162 (93 Stat. 1241), section 109 of Public Law 

15 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Pub16 lic Law 105–62 (111 Stat. 1320), and Public Law 

17 106–372 (114 Stat. 1425)) to promote water con18 servation, water supply, habitat, and stream en19 hancement improvements in the Yakima River 

20 basin.’’. 

21 SEC. 8203. YAKIMA RIVER BASIN WATER CONSERVATION 

22 PROGRAM. 

23 Section 1203 of Public Law 103–434 (108 Stat. 

24 4551) is amended— 

25 (1) in subsection (a)— 


kjohnson on DSK79L0C42 with BILLS
612 

•S 47 PCS

1 (A) in paragraph (1)— 

2 (i) in the second sentence, by striking 

3 ‘‘title’’ and inserting ‘‘section’’; and 

4 (ii) in the third sentence, by striking 

5 ‘‘within 5 years of the date of enactment 

6 of this Act’’; and 

7 (B) in paragraph (2), by striking ‘‘irriga8 tion’’ and inserting ‘‘the number of irrigated 

9 acres’’; 

10 (2) in subsection (c)— 

11 (A) in paragraph (2)— 

12 (i) in each of subparagraphs (A) 

13 through (D), by striking the comma at the 

14 end of the subparagraph and inserting a 

15 semicolon; 

16 (ii) in subparagraph (E), by striking 

17 the comma at the end and inserting ‘‘; 

18 and’’; 

19 (iii) in subparagraph (F), by striking 

20 ‘‘Department of Wildlife of the State of 

21 Washington, and’’ and inserting ‘‘Depart22 ment of Fish and Wildlife of the State of 

23 Washington.’’; and 

24 (iv) by striking subparagraph (G); 

25 (B) in paragraph (3)— 


kjohnson on DSK79L0C42 with BILLS
613 

•S 47 PCS

1 (i) in each of subparagraphs (A) 

2 through (C), by striking the comma at the 

3 end of the subparagraph and inserting a 

4 semicolon; 

5 (ii) in subparagraph (D), by striking 

6 ‘‘, and’’ at the end and inserting a semi7 colon; 

8 (iii) in subparagraph (E), by striking 

9 the period at the end and inserting ‘‘; 

10 and’’; and 

11 (iv) by adding at the end the fol12 lowing: 

13 ‘‘(F) provide recommendations to advance 

14 the purposes and programs of the Yakima En15 hancement Project, including the Integrated 

16 Plan.’’; and 

17 (C) by striking paragraph (4) and insert18 ing the following: 

19 ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF20 FICIAL.—The designated Federal official may— 

21 ‘‘(A) arrange and provide logistical support 

22 for meetings of the Conservation Advisory 

23 Group; 

24 ‘‘(B) use a facilitator to serve as a moder25 ator for meetings of the Conservation Advisory 


kjohnson on DSK79L0C42 with BILLS
614 

•S 47 PCS

1 Group or provide additional logistical support; 

2 and 

3 ‘‘(C) grant any request for a facilitator by 

4 any member of the Conservation Advisory 

5 Group.’’; 

6 (3) in subsection (d), by adding at the end the 

7 following: 

8 ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR

9 FEDERAL GOVERNMENT.— 

10 ‘‘(A) IN GENERAL.—The State or the Fed11 eral Government may fund not more than the 

12 17.5-percent local share of the costs of the 

13 Basin Conservation Program in exchange for 

14 the long-term use of conserved water, subject to 

15 the requirement that the funding by the Fed16 eral Government of the local share of the costs 

17 shall provide a quantifiable public benefit in 

18 meeting Federal responsibilities in the Yakima 

19 River basin and the purposes of this title. 

20 ‘‘(B) USE OF CONSERVED WATER.—The 

21 Yakima Project Manager may use water result22 ing from conservation measures taken under 

23 this title, in addition to water that the Bureau 

24 of Reclamation may acquire from any willing 


kjohnson on DSK79L0C42 with BILLS
615 

•S 47 PCS

1 seller through purchase, donation, or lease, for 

2 water management uses pursuant to this title.’’; 

3 (4) in subsection (e), by striking the first sen4 tence and inserting the following: ‘‘To participate in 

5 the Basin Conservation Program, as described in 

6 subsection (b), an entity shall submit to the Sec7 retary a proposed water conservation plan.’’; 

8 (5) in subsection (i)(3)— 

9 (A) by striking ‘‘purchase or lease’’ each 

10 place it appears and inserting ‘‘purchase, lease, 

11 or management’’; and 

12 (B) in the third sentence, by striking 

13 ‘‘made immediately upon availability’’ and all 

14 that follows through ‘‘Committee’’ and inserting 

15 ‘‘continued as needed to provide water to be 

16 used by the Yakima Project Manager as rec17 ommended by the System Operations Advisory 

18 Committee and the Conservation Advisory 

19 Group’’; and 

20 (6) in subsection (j)(4), in the first sentence, by 

21 striking ‘‘initial acquisition’’ and all that follows 

22 through ‘‘flushing flows’’ and inserting ‘‘acquisition 

23 of water from willing sellers or lessors specifically to 

24 provide improved instream flows for anadromous 

25 and resident fish and other aquatic life, including 


kjohnson on DSK79L0C42 with BILLS
616 

•S 47 PCS

1 pulse flows to facilitate outward migration of anad2 romous fish’’. 

3 SEC. 8204. YAKIMA BASIN WATER PROJECTS, OPERATIONS, 

4 AND AUTHORIZATIONS. 

5 (a) REDESIGNATION OF YAKAMA NATION.—Section 

6 1204(g) of Public Law 103–434 (108 Stat. 4557) is 

7 amended— 

8 (1) by striking the subsection designation and 

9 heading and all that follows through paragraph (1) 

10 and inserting the following: 

11 ‘‘(g) REDESIGNATION OF YAKAMA INDIAN NATION

12 TO YAKAMA NATION.— 

13 ‘‘(1) REDESIGNATION.—The Confederated 

14 Tribes and Bands of the Yakama Indian Nation 

15 shall be known and designated as the ‘Confederated 

16 Tribes and Bands of the Yakama Nation’.’’; and 

17 (2) in paragraph (2), by striking ‘‘deemed to be 

18 a reference to the ‘Confederated Tribes and Bands 

19 of the Yakama Indian Nation’.’’ and inserting 

20 ‘‘deemed to be a reference to the ‘Confederated 

21 Tribes and Bands of the Yakama Nation’.’’. 

22 (b) OPERATION OF YAKIMA BASIN PROJECTS.—Sec23 tion 1205 of Public Law 103–434 (108 Stat. 4557) is 

24 amended— 

25 (1) in subsection (a)(4)— 


kjohnson on DSK79L0C42 with BILLS
617 

•S 47 PCS

1 (A) in subparagraph (A)— 

2 (i) in clause (i)— 

3 (I) by inserting ‘‘additional’’ 

4 after ‘‘secure’’; 

5 (II) by striking ‘‘flushing’’ and 

6 inserting ‘‘pulse’’; and 

7 (III) by striking ‘‘uses’’ and in8 serting ‘‘uses, in addition to the quan9 tity of water provided under the trea10 ty between the Yakama Nation and 

11 the United States’’; 

12 (ii) by striking clause (ii); 

13 (iii) by redesignating clause (iii) as 

14 clause (ii); and 

15 (iv) in clause (ii) (as so redesignated) 

16 by inserting ‘‘and water rights mandated’’ 

17 after ‘‘goals’’; and 

18 (B) in subparagraph (B)(i), in the first 

19 sentence, by inserting ‘‘in proportion to the 

20 funding received’’ after ‘‘Program’’; 

21 (2) in subsection (b), in the second sentence, by 

22 striking ‘‘instream flows for use by the Yakima 

23 Project Manager as flushing flows or as otherwise’’ 

24 and inserting ‘‘fishery purposes, as’’; and 


kjohnson on DSK79L0C42 with BILLS
618 

•S 47 PCS

1 (3) in subsection (e), by striking paragraph (1) 

2 and inserting the following: 

3 ‘‘(1) IN GENERAL.—Additional purposes of the 

4 Yakima Project shall be any of the following: 

5 ‘‘(A) To recover and maintain self-sus6 taining harvestable populations of native fish, 

7 both anadromous and resident species, through8 out their historic distribution range in the Yak9 ima River basin. 

10 ‘‘(B) To protect, mitigate, and enhance 

11 aquatic life and wildlife. 

12 ‘‘(C) Recreation. 

13 ‘‘(D) Municipal, industrial, and domestic 

14 use.’’. 

15 (c) ENHANCEMENT OF WATER SUPPLIES FOR YAK16 IMA BASIN TRIBUTARIES.—Section 1207 of Public Law 

17 103–434 (108 Stat. 4560) is amended— 

18 (1) in the section heading, by striking ‘‘SUP19 PLIES’’ and inserting ‘‘MANAGEMENT’’; 

20 (2) in subsection (a)— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘supplies’’ and inserting ‘‘manage23 ment’’; 

24 (B) in paragraph (1), by inserting ‘‘and 

25 water supply entities’’ after ‘‘owners’’; and 


kjohnson on DSK79L0C42 with BILLS
619 

•S 47 PCS

1 (C) in paragraph (2)— 

2 (i) in subparagraph (A), by inserting 

3 ‘‘that choose not to participate in, or opt 

4 out of, tributary enhancement projects 

5 pursuant to this section’’ after ‘‘water 

6 right owners’’; and 

7 (ii) in subparagraph (B), by inserting 

8 ‘‘nonparticipating’’ before ‘‘tributary water 

9 users’’; 

10 (3) in subsection (b)— 

11 (A) in paragraph (1)— 

12 (i) by striking the paragraph designa13 tion and all that follows through ‘‘(but not 

14 limited to)—’’ and inserting the following: 

15 ‘‘(1) IN GENERAL.—The Secretary, following 

16 consultation with the State of Washington, tributary 

17 water right owners, and the Yakama Nation, and on 

18 agreement of appropriate water right owners, is au19 thorized to conduct studies to evaluate measures to 

20 further Yakima Project purposes on tributaries to 

21 the Yakima River. Enhancement programs that use 

22 measures authorized by this subsection may be in23 vestigated and implemented by the Secretary in trib24 utaries to the Yakima River, including Taneum 

25 Creek, other areas, or tributary basins that currently 


kjohnson on DSK79L0C42 with BILLS
620 

•S 47 PCS

1 or could potentially be provided supplemental or 

2 transfer water by entities, such as the Kittitas Rec3 lamation District or the Yakima-Tieton Irrigation 

4 District, subject to the condition that activities may 

5 commence on completion of applicable and required 

6 feasibility studies, environmental reviews, and cost7 benefit analyses that include favorable recommenda8 tions for further project development, as appro9 priate. Measures to evaluate include—’’; 

10 (ii) by indenting subparagraphs (A) 

11 through (F) appropriately; 

12 (iii) in subparagraph (A), by inserting 

13 before the semicolon at the end the fol14 lowing: ‘‘, including irrigation efficiency 

15 improvements (in coordination with pro16 grams of the Department of Agriculture), 

17 consolidation of diversions or administra18 tion, and diversion scheduling or coordina19 tion’’; 

20 (iv) by redesignating subparagraphs 

21 (C) through (F) as subparagraphs (E) 

22 through (H), respectively; 

23 (v) by inserting after subparagraph 

24 (B) the following: 


kjohnson on DSK79L0C42 with BILLS
621 

•S 47 PCS

1 ‘‘(C) improvements in irrigation system 

2 management or delivery facilities within the 

3 Yakima River basin when those improvements 

4 allow for increased irrigation system conveyance 

5 and corresponding reduction in diversion from 

6 tributaries or flow enhancements to tributaries 

7 through direct flow supplementation or ground8 water recharge; 

9 ‘‘(D) improvements of irrigation system 

10 management or delivery facilities to reduce or 

11 eliminate excessively high flows caused by the 

12 use of natural streams for conveyance or irriga13 tion water or return water;’’; 

14 (vi) in subparagraph (E) (as redesig15 nated by clause (iv)), by striking ‘‘ground 

16 water’’ and inserting ‘‘groundwater re17 charge and’’; 

18 (vii) in subparagraph (G) (as so re19 designated), by inserting ‘‘or transfer’’ 

20 after ‘‘purchase’’; and 

21 (viii) in subparagraph (H) (as so re22 designated), by inserting ‘‘stream processes 

23 and’’ before ‘‘stream habitats’’; 

24 (B) in paragraph (2)— 


kjohnson on DSK79L0C42 with BILLS
622 

•S 47 PCS

1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘the Taneum Creek 

3 study’’ and inserting ‘‘studies under this 

4 subsection’’; 

5 (ii) in subparagraph (B)— 

6 (I) by striking ‘‘and economic’’ 

7 and inserting ‘‘, infrastructure, eco8 nomic, and land use’’; and 

9 (II) by striking ‘‘and’’ at the end; 

10 (iii) in subparagraph (C), by striking 

11 the period at the end and inserting ‘‘; 

12 and’’; and 

13 (iv) by adding at the end the fol14 lowing: 

15 ‘‘(D) any related studies already underway 

16 or undertaken.’’; and 

17 (C) in paragraph (3), in the first sentence, 

18 by inserting ‘‘of each tributary or group of trib19 utaries’’ after ‘‘study’’; 

20 (4) in subsection (c)— 

21 (A) in the subsection heading, by inserting 

22 ‘‘AND NONSURFACE STORAGE’’ after ‘‘NON23 STORAGE’’; and 


kjohnson on DSK79L0C42 with BILLS
623 

•S 47 PCS

1 (B) in the matter preceding paragraph (1), 

2 by inserting ‘‘and nonsurface storage’’ after 

3 ‘‘nonstorage’’; 

4 (5) by striking subsection (d); 

5 (6) by redesignating subsection (e) as sub6 section (d); and 

7 (7) in paragraph (2) of subsection (d) (as so re8 designated)— 

9 (A) in the first sentence— 

10 (i) by inserting ‘‘and implementation’’ 

11 after ‘‘investigation’’; 

12 (ii) by striking ‘‘other’’ before ‘‘Yak13 ima River’’; and 

14 (iii) by inserting ‘‘and other water 

15 supply entities’’ after ‘‘owners’’; and 

16 (B) by striking the second sentence. 

17 (d) CHANDLER PUMPING PLANT AND POWERPLANT18 OPERATIONS AT PROSSER DIVERSION DAM.—Section 

19 1208(d) of Public Law 103–434 (108 Stat. 4562; 114 

20 Stat. 1425) is amended by inserting ‘‘negatively’’ before 

21 ‘‘affected’’. 


kjohnson on DSK79L0C42 with BILLS
624 

•S 47 PCS

1 Subtitle D—Bureau of Reclamation 

2 Facility Conveyances 

3 SEC. 8301. CONVEYANCE OF MAINTENANCE COMPLEX AND 

4 DISTRICT OFFICE OF THE ARBUCKLE 

5 PROJECT, OKLAHOMA. 

6 (a) DEFINITIONS.—In this section: 

7 (1) AGREEMENT.—The term ‘‘Agreement’’ 

8 means the agreement entitled ‘‘Agreement between 

9 the United States and the Arbuckle Master Conser10 vancy District for Transferring Title to the Feder11 ally Owned Maintenance Complex and District Of12 fice to the Arbuckle Master Conservancy District’’ 

13 and numbered 14AG640141. 

14 (2) DISTRICT.—The term ‘‘District’’ means the 

15 Arbuckle Master Conservancy District, located in 

16 Murray County, Oklahoma. 

17 (3) DISTRICT OFFICE.—The term ‘‘District Of18 fice’’ means— 

19 (A) the headquarters building located at 

20 2440 East Main, Davis, Oklahoma; and 

21 (B) the approximately 0.83 acres of land 

22 described in the Agreement. 

23 (4) MAINTENANCE COMPLEX.—The term 

24 ‘‘Maintenance Complex’’ means the caretaker’s resi25 dence, shop buildings, and any appurtenances loVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
625 

•S 47 PCS

1 cated on the land described in the Agreement com2 prising approximately 2 acres. 

3 (b) CONVEYANCE TO DISTRICT.—As soon as prac4 ticable after the date of enactment of this Act, the Sec5 retary shall convey to the District, all right, title, and in6 terest of the United States in and to the Maintenance 

7 Complex and District Office, Arbuckle Project, Oklahoma, 

8 consistent with the terms and conditions of the Agree9 ment. 

10 (c) LIABILITY.— 

11 (1) IN GENERAL.—Effective on the date of con12 veyance to the District of the Maintenance Complex 

13 and District Office under this section, the United 

14 States shall not be held liable by any court for dam15 ages of any kind arising out of any act, omission, or 

16 occurrence relating to the Maintenance Complex or 

17 District Office, except for damages caused by acts of 

18 negligence committed by the United States or by an 

19 employee or agent of the United States prior to the 

20 date of conveyance. 

21 (2) APPLICABLE LAW.—Nothing in this section 

22 increases the liability of the United States beyond 

23 the liability provided in chapter 171 of title 28, 

24 United States Code (commonly known as the ‘‘FedVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00625 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
626 

•S 47 PCS

1 eral Tort Claims Act’’), on the date of enactment of 

2 this Act. 

3 (d) BENEFITS.—After the conveyance of the Mainte4 nance Complex and District Office to the District under 

5 this section— 

6 (1) the Maintenance Complex and District Of7 fice shall not be considered to be a part of a Federal 

8 reclamation project; and 

9 (2) the District shall not be eligible to receive 

10 any benefits with respect to any facility comprising 

11 that Maintenance Complex and District Office, other 

12 than benefits that would be available to a similarly 

13 situated person with respect to a facility that is not 

14 part of a Federal reclamation project. 

15 (e) COMMUNICATION.—If the Secretary has not com16 pleted the conveyance required under subsection (b) by the 

17 date that is 1 year after the date of enactment of this 

18 Act, the Secretary shall submit to Congress a letter with 

19 sufficient detail that— 

20 (1) explains the reasons the conveyance has not 

21 been completed; and 

22 (2) specifies the date by which the conveyance 

23 will be completed. 

24 SEC. 8302. CONTRA COSTA CANAL TRANSFER. 

25 (a) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42 with BILLS
627 

•S 47 PCS

1 (1) ACQUIRED LAND.—The term ‘‘acquired 

2 land’’ means land in Federal ownership and land 

3 over which the Federal Government holds an interest 

4 for the purpose of the construction and operation of 

5 the Contra Costa Canal, including land under the ju6 risdiction of— 

7 (A) the Bureau of Reclamation; 

8 (B) the Western Area Power Administra9 tion; and 

10 (C) the Department of Defense in the case 

11 of the Clayton Canal diversion traversing the 

12 Concord Naval Weapons Station. 

13 (2) CONTRA COSTA CANAL.— 

14 (A) IN GENERAL.—The term ‘‘Contra 

15 Costa Canal’’ means the Contra Costa Canal 

16 Unit of the Central Valley Project, which exclu17 sively serves the Contra Costa Water District in 

18 an urban area of Contra Costa County, Cali19 fornia. 

20 (B) INCLUSIONS.—The term ‘‘Contra 

21 Costa Canal’’ includes pipelines, conduits, 

22 pumping plants, aqueducts, laterals, water stor23 age and regulatory facilities, electric sub24 stations, related works and improvements, and 

25 all interests in land associated with the Contra 


kjohnson on DSK79L0C42 with BILLS
628 

•S 47 PCS

1 Costa Canal Unit of the Central Valley Project 

2 in existence on the date of enactment of this 

3 Act. 

4 (C) EXCLUSION.—The term ‘‘Contra Costa 

5 Canal’’ does not include the Rock Slough fish 

6 screen facility. 

7 (3) CONTRA COSTA CANAL AGREEMENT.—The 

8 term ‘‘Contra Costa Canal Agreement’’ means an 

9 agreement between the District and the Bureau of 

10 Reclamation to determine the legal, institutional, 

11 and financial terms surrounding the transfer of the 

12 Contra Costa Canal, including compensation to the 

13 reclamation fund established by the first section of 

14 the Act of June 17, 1902 (32 Stat. 388, chapter 

15 1093), equal to the net present value of miscella16 neous revenues that the United States would other17 wise derive over the 10 years following the date of 

18 enactment of this Act from the eligible land and fa19 cilities to be transferred, as governed by reclamation 

20 law and policy and the contracts. 

21 (4) CONTRACTS.—The term ‘‘contracts’’ means 

22 the existing water service contract between the Dis23 trict and the United States, Contract No. 175r– 

24 3401A–LTR1 (2005), Contract No. 14–06–200– 

25 6072A (1972, as amended), and any other contract 


kjohnson on DSK79L0C42 with BILLS
629 

•S 47 PCS

1 or land permit involving the United States, the Dis2 trict, and Contra Costa Canal. 

3 (5) DISTRICT.—The term ‘‘District’’ means the 

4 Contra Costa Water District, a political subdivision 

5 of the State of California. 

6 (6) ROCK SLOUGH FISH SCREEN FACILITY.— 

7 (A) IN GENERAL.—The term ‘‘Rock 

8 Slough fish screen facility’’ means the fish 

9 screen facility at the Rock Slough intake to the 

10 Contra Costa Canal. 

11 (B) INCLUSIONS.—The term ‘‘Rock Slough 

12 fish screen facility’’ includes the screen struc13 ture, rake cleaning system, and accessory struc14 tures integral to the screen function of the 

15 Rock Slough fish screen facility, as required 

16 under the Central Valley Project Improvement 

17 Act (Public Law 102–575; 106 Stat. 4706). 

18 (7) ROCK SLOUGH FISH SCREEN FACILITY

19 TITLE TRANSFER AGREEMENT.—The term ‘‘Rock 

20 Slough fish screen facility title transfer agreement’’ 

21 means an agreement between the District and the 

22 Bureau of Reclamation to— 

23 (A) determine the legal, institutional, and 

24 financial terms surrounding the transfer of the 

25 Rock Slough fish screen facility; and 


kjohnson on DSK79L0C42 with BILLS
630 

•S 47 PCS

1 (B) ensure the continued safe and reliable 

2 operations of the Rock Slough fish screen facil3 ity. 

4 (b) CONVEYANCE OF LAND AND FACILITIES.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of enactment of this Act, in consider7 ation for the District assuming from the United 

8 States all liability for the administration, operation, 

9 maintenance, and replacement of the Contra Costa 

10 Canal, consistent with the terms and conditions set 

11 forth in the Contra Costa Canal Agreement and sub12 ject to valid existing rights and existing recreation 

13 agreements between the Bureau of Reclamation and 

14 the East Bay Regional Park District for Contra 

15 Loma Regional Park and other local agencies within 

16 the Contra Costa Canal, the Secretary shall offer to 

17 convey and assign to the District— 

18 (A) all right, title, and interest of the 

19 United States in and to— 

20 (i) the Contra Costa Canal; and 

21 (ii) the acquired land; and 

22 (B) all interests reserved and developed as 

23 of the date of enactment of this Act for the 

24 Contra Costa Canal in the acquired land, in25 cluding existing recreation agreements between 


kjohnson on DSK79L0C42 with BILLS
631 

•S 47 PCS

1 the Bureau of Reclamation and the East Bay 

2 Regional Park District for Contra Loma Re3 gional Park and other local agencies within the 

4 Contra Costa Canal. 

5 (2) ROCK SLOUGH FISH SCREEN FACILITY.— 

6 (A) IN GENERAL.—The Secretary shall 

7 convey and assign to the District all right, title, 

8 and interest of the United States in and to the 

9 Rock Slough fish screen facility pursuant to the 

10 Rock Slough fish screen facility title transfer 

11 agreement. 

12 (B) COOPERATION.—Not later than 180 

13 days after the conveyance of the Contra Costa 

14 Canal, the Secretary and the District shall 

15 enter into good faith negotiations to accomplish 

16 the conveyance and assignment under subpara17 graph (A). 

18 (3) PAYMENT OF COSTS.—The District shall 

19 pay to the Secretary any administrative and real es20 tate transfer costs incurred by the Secretary in car21 rying out the conveyances and assignments under 

22 paragraphs (1) and (2), including the cost of any 

23 boundary survey, title search, cadastral survey, ap24 praisal, and other real estate transaction required 

25 for the conveyances and assignments. 


kjohnson on DSK79L0C42 with BILLS
632 

•S 47 PCS

1 (4) COMPLIANCE WITH ENVIRONMENTAL

2 LAWS.— 

3 (A) IN GENERAL.—Before carrying out the 

4 conveyances and assignments under paragraphs 

5 (1) and (2), the Secretary shall comply with all 

6 applicable requirements under— 

7 (i) the National Environmental Policy 

8 Act of 1969 (42 U.S.C. 4321 et seq.); 

9 (ii) the Endangered Species Act of 

10 1973 (16 U.S.C. 1531 et seq.); and 

11 (iii) any other law applicable to the 

12 Contra Costa Canal or the acquired land. 

13 (B) EFFECT.—Nothing in this section 

14 modifies or alters any obligations under— 

15 (i) the National Environmental Policy 

16 Act of 1969 (42 U.S.C. 4321 et seq.); or 

17 (ii) the Endangered Species Act of 

18 1973 (16 U.S.C. 1531 et seq.). 

19 (c) RELATIONSHIP TO EXISTING CENTRAL VALLEY

20 PROJECT CONTRACTS.— 

21 (1) IN GENERAL.—Nothing in this section af22 fects— 

23 (A) the application of the reclamation laws 

24 to water delivered to the District pursuant to 

25 any contract with the Secretary; or 


kjohnson on DSK79L0C42 with BILLS
633 

•S 47 PCS

1 (B) subject to paragraph (2), the con2 tracts. 

3 (2) AMENDMENTS TO CONTRACTS.—The Sec4 retary and the District may modify the contracts as 

5 necessary to comply with this section. 

6 (3) LIABILITY.— 

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

8 subparagraph (B), the United States shall not 

9 be liable for damages arising out of any act, 

10 omission, or occurrence relating to the Contra 

11 Costa Canal or the acquired land. 

12 (B) EXCEPTION.—The United States shall 

13 continue to be liable for damages caused by 

14 acts of negligence committed by the United 

15 States or by any employee or agent of the 

16 United States before the date of the conveyance 

17 and assignment under subsection (b)(1), con18 sistent with chapter 171 of title 28, United 

19 States Code (commonly known as the ‘‘Federal 

20 Tort Claims Act’’). 

21 (C) LIMITATION.—Nothing in this section 

22 increases the liability of the United States be23 yond the liability provided under chapter 171 of 

24 title 28, United States Code (commonly known 

25 as the ‘‘Federal Tort Claims Act’’). 


kjohnson on DSK79L0C42 with BILLS
634 

•S 47 PCS

1 (d) REPORT.—If the conveyance and assignment au2 thorized by subsection (b)(1) is not completed by the date 

3 that is 1 year after the date of enactment of this Act, 

4 the Secretary shall submit to Congress a report that— 

5 (1) describes the status of the conveyance and 

6 assignment; 

7 (2) describes any obstacles to completing the 

8 conveyance and assignment; and 

9 (3) specifies an anticipated date for completion 

10 of the conveyance and assignment. 

11 TITLE IX—MISCELLANEOUS 

12 SEC. 9001. EVERY KID OUTDOORS ACT. 

13 (a) DEFINITIONS.—In this section: 

14 (1) FEDERAL LAND AND WATERS.—The term 

15 ‘‘Federal land and waters’’ means any Federal land 

16 or body of water under the jurisdiction of any of the 

17 Secretaries to which the public has access. 

18 (2) PROGRAM.—The term ‘‘program’’ means 

19 the Every Kid Outdoors program established under 

20 subsection (b)(1). 

21 (3) SECRETARIES.—The term ‘‘Secretaries’’ 

22 means— 

23 (A) the Secretary, acting through— 

24 (i) the Director of the National Park 

25 Service; 


kjohnson on DSK79L0C42 with BILLS
635 

•S 47 PCS

1 (ii) the Director of the United States 

2 Fish and Wildlife Service; 

3 (iii) the Director of the Bureau of 

4 Land Management; and 

5 (iv) the Commissioner of Reclamation; 

6 (B) the Secretary of Agriculture, acting 

7 through the Chief of the Forest Service; 

8 (C) the Secretary of Commerce, acting 

9 through the Administrator of the National Oce10 anic and Atmospheric Administration; and 

11 (D) the Secretary of the Army, acting 

12 through the Assistant Secretary of the Army 

13 for Civil Works. 

14 (4) STATE.—The term ‘‘State’’ means each of 

15 the several States, the District of Columbia, Amer16 ican Samoa, Guam, the Northern Mariana Islands, 

17 Puerto Rico, the Virgin Islands of the United States, 

18 and any other territory or possession of the United 

19 States. 

20 (5) STUDENT OR STUDENTS.—The term ‘‘stu21 dent’’ or ‘‘students’’ means any fourth grader or 

22 home-schooled learner 10 years of age residing in 

23 the United States, including any territory or posses24 sion of the United States. 

25 (b) EVERY KID OUTDOORS PROGRAM.— 


kjohnson on DSK79L0C42 with BILLS
636 

•S 47 PCS

1 (1) ESTABLISHMENT.—The Secretaries shall 

2 jointly establish a program, to be known as the 

3 ‘‘Every Kid Outdoors program’’, to provide free ac4 cess to Federal land and waters for students and ac5 companying individuals in accordance with this sub6 section. 

7 (2) ANNUAL PASSES.— 

8 (A) IN GENERAL.—At the request of a stu9 dent, the Secretaries shall issue a pass to the 

10 student, which allows access to Federal lands 

11 and waters for which access is subject to an en12 trance, standard amenity, or day use fee, free 

13 of charge for the student and— 

14 (i) in the case of a per-vehicle fee 

15 area— 

16 (I) any passengers accompanying 

17 the student in a private, noncommer18 cial vehicle; or 

19 (II) not more than three adults 

20 accompanying the student on bicycles; 

21 or 

22 (ii) in the case of a per-person fee 

23 area, not more than three adults accom24 panying the student. 


kjohnson on DSK79L0C42 with BILLS
637 

•S 47 PCS

1 (B) TERM.—A pass described in subpara2 graph (A) shall be effective during the period 

3 beginning on September 1 and ending on Au4 gust 31 of the following year. 

5 (C) PRESENCE OF A STUDENT IN GRADE

6 FOUR REQUIRED.—A pass described in sub7 paragraph (A) shall be effective only if the stu8 dent to which the pass was issued is present at 

9 the point of entry to the applicable Federal land 

10 or water. 

11 (3) OTHER ACTIVITIES.—In carrying out the 

12 program, the Secretaries— 

13 (A) may collaborate with State Park sys14 tems that opt to implement a complementary 

15 Every Kid Outdoors State park pass; 

16 (B) may coordinate with the Secretary of 

17 Education to implement the program; 

18 (C) shall maintain a publicly available 

19 website with information about the program; 

20 (D) may provide visitor services for the 

21 program; and 

22 (E) may support approved partners of the 

23 Federal land and waters by providing the part24 ners with opportunities to participate in the 

25 program. 


kjohnson on DSK79L0C42 with BILLS
638 

•S 47 PCS

1 (4) REPORTS.—The Secretary, in coordination 

2 with each Secretary described in subparagraphs (B) 

3 through (D) of subsection (a)(3), shall prepare a 

4 comprehensive report to Congress each year describ5 ing— 

6 (A) the implementation of the program; 

7 (B) the number and geographical distribu8 tion of students who participated in the pro9 gram; and 

10 (C) the number of passes described in 

11 paragraph (2)(A) that were distributed. 

12 (5) SUNSET.—The authorities provided in this 

13 section, including the reporting requirement, shall 

14 expire on the date that is 7 years after the date of 

15 enactment of this Act. 

16 SEC. 9002. GOOD SAMARITAN SEARCH AND RECOVERY ACT. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ELIGIBLE.—The term ‘‘eligible’’, with re19 spect to an organization or individual, means that 

20 the organization or individual, respectively, is— 

21 (A) acting in a not-for-profit capacity; and 

22 (B) composed entirely of members who, at 

23 the time of the good Samaritan search-and-re24 covery mission, have attained the age of majorVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00638 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
639 

•S 47 PCS

1 ity under the law of the State where the mis2 sion takes place. 

3 (2) GOOD SAMARITAN SEARCH-AND-RECOVERY

4 MISSION.—The term ‘‘good Samaritan search-and5 recovery mission’’ means a search conducted by an 

6 eligible organization or individual for 1 or more 

7 missing individuals believed to be deceased at the 

8 time that the search is initiated. 

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

10 the Secretary or the Secretary of Agriculture, as ap11 plicable. 

12 (b) PROCESS.— 

13 (1) IN GENERAL.—Each Secretary shall develop 

14 and implement a process to expedite access to Fed15 eral land under the administrative jurisdiction of the 

16 Secretary for eligible organizations and individuals 

17 to request access to Federal land to conduct good 

18 Samaritan search-and-recovery missions. 

19 (2) INCLUSIONS.—The process developed and 

20 implemented under this subsection shall include pro21 visions to clarify that— 

22 (A) an eligible organization or individual 

23 granted access under this section— 

24 (i) shall be acting for private pur25 poses; and 


kjohnson on DSK79L0C42 with BILLS
640 

•S 47 PCS

1 (ii) shall not be considered to be a 

2 Federal volunteer; 

3 (B) an eligible organization or individual 

4 conducting a good Samaritan search-and-recov5 ery mission under this section shall not be con6 sidered to be a volunteer under section 

7 102301(c) of title 54, United States Code; 

8 (C) chapter 171 of title 28, United States 

9 Code (commonly known as the ‘‘Federal Tort 

10 Claims Act’’), shall not apply to an eligible or11 ganization or individual carrying out a privately 

12 requested good Samaritan search-and-recovery 

13 mission under this section; and 

14 (D) chapter 81 of title 5, United States 

15 Code (commonly known as the ‘‘Federal Em16 ployees Compensation Act’’), shall not apply to 

17 an eligible organization or individual conducting 

18 a good Samaritan search-and-recovery mission 

19 under this section, and the conduct of the good 

20 Samaritan search-and-recovery mission shall 

21 not constitute civilian employment. 

22 (c) RELEASE OF FEDERAL GOVERNMENT FROM LI23 ABILITY.—The Secretary shall not require an eligible or24 ganization or individual to have liability insurance as a 


kjohnson on DSK79L0C42 with BILLS
641 

•S 47 PCS

1 condition of accessing Federal land under this section, if 

2 the eligible organization or individual— 

3 (1) acknowledges and consents, in writing, to 

4 the provisions described in subparagraphs (A) 

5 through (D) of subsection (b)(2); and 

6 (2) signs a waiver releasing the Federal Gov7 ernment from all liability relating to the access 

8 granted under this section and agrees to indemnify 

9 and hold harmless the United States from any 

10 claims or lawsuits arising from any conduct by the 

11 eligible organization or individual on Federal land. 

12 (d) APPROVAL AND DENIAL OF REQUESTS.— 

13 (1) IN GENERAL.—The Secretary shall notify 

14 an eligible organization or individual of the approval 

15 or denial of a request by the eligible organization or 

16 individual to carry out a good Samaritan search17 and-recovery mission under this section by not later 

18 than 48 hours after the request is made. 

19 (2) DENIALS.—If the Secretary denies a re20 quest from an eligible organization or individual to 

21 carry out a good Samaritan search-and-recovery mis22 sion under this section, the Secretary shall notify the 

23 eligible organization or individual of— 

24 (A) the reason for the denial of the re25 quest; and 


kjohnson on DSK79L0C42 with BILLS
642 

•S 47 PCS

1 (B) any actions that the eligible organiza2 tion or individual can take to meet the require3 ments for the request to be approved. 

4 (e) PARTNERSHIPS.—Each Secretary shall develop 

5 search-and-recovery-focused partnerships with search-and6 recovery organizations— 

7 (1) to coordinate good Samaritan search-and8 recovery missions on Federal land under the admin9 istrative jurisdiction of the Secretary; and 

10 (2) to expedite and accelerate good Samaritan 

11 search-and-recovery mission efforts for missing indi12 viduals on Federal land under the administrative ju13 risdiction of the Secretary. 

14 (f) REPORT.—Not later than 180 days after the date 

15 of enactment of this Act, the Secretaries shall submit to 

16 Congress a joint report describing— 

17 (1) plans to develop partnerships described in 

18 subsection (e)(1); and 

19 (2) efforts carried out to expedite and accel20 erate good Samaritan search-and-recovery mission 

21 efforts for missing individuals on Federal land under 

22 the administrative jurisdiction of each Secretary 

23 pursuant to subsection (e)(2). 


kjohnson on DSK79L0C42 with BILLS
643 

•S 47 PCS

1 SEC. 9003. 21ST CENTURY CONSERVATION SERVICE CORPS 

2 ACT. 

3 (a) DEFINITIONS.—Section 203 of the Public Lands 

4 Corps Act of 1993 (16 U.S.C. 1722) is amended— 

5 (1) in paragraph (2), by striking ‘‘under section 

6 204’’ and inserting ‘‘by section 204(a)(1)’’; 

7 (2) by redesignating paragraphs (8) through 

8 (13) as paragraphs (9) through (14), respectively; 

9 (3) by inserting after paragraph (7) the fol10 lowing: 

11 ‘‘(8) INSTITUTION OF HIGHER EDUCATION.— 

12 ‘‘(A) IN GENERAL.—The term ‘institution 

13 of higher education’ has the meaning given the 

14 term in section 102 of the Higher Education 

15 Act of 1965 (20 U.S.C. 1002). 

16 ‘‘(B) EXCLUSION.—The term ‘institution 

17 of higher education’ does not include— 

18 ‘‘(i) an institution described in section 

19 101(b) of the Higher Education Act of 

20 1965 (20 U.S.C. 1001(b)); or 

21 ‘‘(ii) an institution outside the United 

22 States, as described in section 

23 102(a)(1)(C) of the Higher Education Act 

24 of 1965 (20 U.S.C. 1002(a)(1)(C)).’’; 

25 (4) in paragraph (9) (as so redesignated)— 


kjohnson on DSK79L0C42 with BILLS
644 

•S 47 PCS

1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘, as follows’’ and inserting 

3 ‘‘and other conservation and restoration initia4 tives, as follows’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(E) To protect, restore, or enhance ma7 rine, estuarine, riverine, and coastal habitat 

8 ecosystem components— 

9 ‘‘(i) to promote the recovery of threat10 ened species, endangered species, and man11 aged fisheries; 

12 ‘‘(ii) to restore fisheries, protected re13 sources, and habitats impacted by oil and 

14 chemical spills and natural disasters; or 

15 ‘‘(iii) to enhance the resilience of 

16 coastal ecosystems, communities, and 

17 economies through habitat conservation.’’; 

18 (5) in subparagraph (A) of paragraph (11) (as 

19 so redesignated), by striking ‘‘individuals between 

20 the ages of 16 and 30, inclusive,’’ and inserting ‘‘in21 dividuals between the ages of 16 and 30, inclusive, 

22 or veterans age 35 or younger’’; 

23 (6) in paragraph (13) (as so redesignated)— 

24 (A) in subparagraph (A), by striking 

25 ‘‘and’’ at the end; 


kjohnson on DSK79L0C42 with BILLS
645 

•S 47 PCS

1 (B) in subparagraph (B), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(C) with respect to the National Marine 

5 Sanctuary System, coral reefs, and other coast6 al, estuarine, and marine habitats, and other 

7 land and facilities administered by the National 

8 Oceanic and Atmospheric Administration, the 

9 Secretary of Commerce.’’; and 

10 (7) by adding at the end the following: 

11 ‘‘(15) VETERAN.—The term ‘veteran’ has the 

12 meaning given the term in section 101 of title 38, 

13 United States Code.’’. 

14 (b) PUBLIC LANDS CORPS PROGRAM.—Section 204 

15 of the Public Lands Corps Act of 1993 (16 U.S.C. 1723) 

16 is amended— 

17 (1) by striking subsection (a) and inserting the 

18 following: 

19 ‘‘(a) ESTABLISHMENT OF PUBLIC LANDS CORPS.— 

20 ‘‘(1) IN GENERAL.—There is established in the 

21 Department of the Interior, the Department of Agri22 culture, and the Department of Commerce a corps, 

23 to be known as the ‘Public Lands Corps’. 

24 ‘‘(2) NO EFFECT ON OTHER AGENCIES.—Noth25 ing in this subsection precludes the establishment of 


kjohnson on DSK79L0C42 with BILLS
646 

•S 47 PCS

1 a public lands corps by the head of a Federal de2 partment or agency other than a department de3 scribed in paragraph (1), in accordance with this 

4 Act.’’; 

5 (2) in subsection (b)— 

6 (A) in the first sentence, by striking ‘‘indi7 viduals between the ages of 16 and 30, inclu8 sive,’’ and inserting ‘‘individuals between the 

9 ages of 16 and 30, inclusive, and veterans age 

10 35 or younger’’; and 

11 (B) in the second sentence, by striking 

12 ‘‘section 137(b) of the National and Community 

13 Service Act of 1990’’ and inserting ‘‘paragraphs 

14 (1), (2), (4), and (5) of section 137(a) of the 

15 National and Community Service Act of 1990 

16 (42 U.S.C. 12591(a))’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(g) EFFECT.—Nothing in this section authorizes the 

19 use of the Public Lands Corps for projects on or impacting 

20 real property owned by, operated by, or within the custody, 

21 control, or administrative jurisdiction of the Administrator 

22 of General Services without the express permission of the 

23 Administrator of General Services.’’. 


kjohnson on DSK79L0C42 with BILLS
647 

•S 47 PCS

1 (c) TRANSPORTATION.—Section 205 of the Public 

2 Lands Corps Act of 1993 (16 U.S.C. 1724) is amended 

3 by adding at the end the following: 

4 ‘‘(e) TRANSPORTATION.—The Secretary may provide 

5 to Corps participants who reside in their own homes trans6 portation to and from appropriate conservation project 

7 sites.’’. 

8 (d) RESOURCE ASSISTANTS.— 

9 (1) IN GENERAL.—Section 206(a) of the Public 

10 Lands Corps Act of 1993 (16 U.S.C. 1725(a)) is 

11 amended by striking the first sentence and inserting 

12 the following: ‘‘The Secretary may provide individual 

13 placements of resource assistants to carry out re14 search or resource protection activities on behalf of 

15 the Secretary.’’. 

16 (2) DIRECT HIRE AUTHORITY.—Section 121(a) 

17 of the Department of the Interior, Environment, and 

18 Related Agencies Appropriations Act, 2012 (16 

19 U.S.C. 1725a), is amended— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘Secretary of the Inte22 rior’’ and inserting ‘‘Secretary (as defined 

23 in section 203 of the Public Lands Corps 

24 Act of 1993 (16 U.S.C. 1722))’’; 


kjohnson on DSK79L0C42 with BILLS
648 

•S 47 PCS

1 (ii) by striking ‘‘paragraph (1)’’ and 

2 inserting ‘‘paragraph (2)’’; and 

3 (iii) by striking ‘‘with a land man4 aging agency of the Department of the In5 terior’’; and 

6 (B) in paragraph (2)(A), by striking ‘‘with 

7 a land managing agency’’ and inserting ‘‘with 

8 the Secretary (as so defined)’’. 

9 (e) COMPENSATION AND EMPLOYMENT STAND10 ARDS.—Section 207 of the Public Lands Corps Act of 

11 1993 (16 U.S.C. 1726) is amended— 

12 (1) by striking the section heading and insert13 ing ‘‘COMPENSATION AND TERMS OF SERVICE’’; 

14 (2) by redesignating subsections (b) and (c) as 

15 subsections (c) and (d), respectively; 

16 (3) by inserting after subsection (a) the fol17 lowing: 

18 ‘‘(b) EDUCATIONAL CREDIT.—The Secretary may 

19 provide a Corps participant with an educational credit that 

20 may be applied toward a program of postsecondary edu21 cation at an institution of higher education that agrees 

22 to award the credit for participation in the Corps.’’; 

23 (4) in subsection (c) (as so redesignated)— 

24 (A) by striking ‘‘Each participant’’ and in25 serting the following: 


kjohnson on DSK79L0C42 with BILLS
649 

•S 47 PCS

1 ‘‘(1) IN GENERAL.—Each participant’’; and 

2 (B) by adding at the end the following: 

3 ‘‘(2) INDIAN YOUTH SERVICE CORPS.—With re4 spect to the Indian Youth Service Corps established 

5 under section 210, the Secretary shall establish the 

6 term of service of participants in consultation with 

7 the affected Indian tribe.’’; 

8 (5) in subsection (d) (as so redesignated)— 

9 (A) by redesignating paragraphs (1) and 

10 (2) as subparagraphs (A) and (B), respectively, 

11 and indenting the subparagraphs appropriately; 

12 (B) in the matter preceding subparagraph 

13 (A) (as so redesignated), by striking ‘‘The Sec14 retary’’ and inserting the following: 

15 ‘‘(1) IN GENERAL.—The Secretary’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(2) TIME-LIMITED APPOINTMENT.—For pur18 poses of section 9602 of title 5, United States Code, 

19 a former member of the Corps hired by the Sec20 retary under paragraph (1)(B) for a time-limited ap21 pointment shall be considered to be appointed ini22 tially under open, competitive examination.’’; and 

23 (6) by adding at the end the following: 

24 ‘‘(e) APPLICABILITY TO QUALIFIED YOUTH OR CON25 SERVATION CORPS.—The hiring and compensation standVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00649 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
650 

•S 47 PCS

1 ards described in this section shall apply to any individual 

2 participating in an appropriate conservation project 

3 through a qualified youth or conservation corps, including 

4 an individual placed through a contract or cooperative 

5 agreement, as approved by the Secretary.’’. 

6 (f) REPORTING AND DATA COLLECTION.—Title II of 

7 the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et 

8 seq.) is amended— 

9 (1) by redesignating sections 209 through 211 

10 as sections 211 through 213, respectively; 

11 (2) by inserting after section 208 the following: 

12 ‘‘SEC. 209. REPORTING AND DATA COLLECTION. 

13 ‘‘(a) REPORT.—Not later than 2 years after the date 

14 of enactment of the Natural Resources Management Act, 

15 and annually thereafter, the Chief Executive Officer of the 

16 Corporation for National and Community Service, in co17 ordination with the Secretaries, shall submit to Congress 

18 a report that includes data on the Corps, including— 

19 ‘‘(1) the number of participants enrolled in the 

20 Corps and the length of the term of service for each 

21 participant; 

22 ‘‘(2) the projects carried out by Corps partici23 pants, categorized by type of project and Federal 

24 agency; 


kjohnson on DSK79L0C42 with BILLS
651 

•S 47 PCS

1 ‘‘(3) the total amount and sources of funding 

2 provided for the service of participants; 

3 ‘‘(4) the type of service performed by partici4 pants and the impact and accomplishments of the 

5 service; and 

6 ‘‘(5) any other similar data determined to be 

7 appropriate by the Chief Executive Officer of the 

8 Corporation for National and Community Service or 

9 the Secretaries. 

10 ‘‘(b) DATA.—Not later than 1 year after the date of 

11 enactment of the Natural Resources Management Act, 

12 and annually thereafter, the Secretaries shall submit to 

13 the Chief Executive Officer of the Corporation for Na14 tional and Community Service the data described in sub15 section (a). 

16 ‘‘(c) DATA COLLECTION.—The Chief Executive Offi17 cer of the Corporation for National and Community Serv18 ice may coordinate with qualified youth or conservation 

19 corps to improve the collection of the required data de20 scribed in subsection (a). 

21 ‘‘(d) COORDINATION.— 

22 ‘‘(1) IN GENERAL.—The Secretaries shall, to 

23 the maximum extent practicable, coordinate with 

24 each other to carry out activities authorized under 

25 this Act, including— 


kjohnson on DSK79L0C42 with BILLS
652 

•S 47 PCS

1 ‘‘(A) the data collection and reporting re2 quirements of this section; and 

3 ‘‘(B) implementing and issuing guidance 

4 on eligibility for noncompetitive hiring status 

5 under section 207(d). 

6 ‘‘(2) DESIGNATION OF COORDINATORS.—The 

7 Secretary shall designate a coordinator to coordinate 

8 and serve as the primary point of contact for any ac9 tivity of the Corps carried out by the Secretary.’’; 

10 and 

11 (3) in subsection (c) of section 212 (as so re12 designated), by striking ‘‘211’’ and inserting ‘‘213’’. 

13 (g) INDIAN YOUTH SERVICE CORPS.—Title II of the 

14 Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.) 

15 (as amended by subsection (f)) is amended by inserting 

16 after section 209 the following: 

17 ‘‘SEC. 210. INDIAN YOUTH SERVICE CORPS. 

18 ‘‘(a) IN GENERAL.—There is established within the 

19 Public Lands Corps a program to be known as the ‘Indian 

20 Youth Service Corps’ that— 

21 ‘‘(1) enrolls participants between the ages of 16 

22 and 30, inclusive, and veterans age 35 or younger, 

23 a majority of whom are Indians; 

24 ‘‘(2) is established pursuant to an agreement 

25 between an Indian tribe and a qualified youth or 


kjohnson on DSK79L0C42 with BILLS
653 

•S 47 PCS

1 conservation corps for the benefit of the members of 

2 the Indian tribe; and 

3 ‘‘(3) carries out appropriate conservation 

4 projects on eligible service land. 

5 ‘‘(b) AUTHORIZATION OF COOPERATIVE AGREE6 MENTS.—The Secretary may enter into cooperative agree7 ments with Indian tribes and qualified youth or conserva8 tion corps for the establishment and administration of the 

9 Indian Youth Service Corps. 

10 ‘‘(c) GUIDELINES.—Not later than 18 months after 

11 the date of enactment of the Natural Resources Manage12 ment Act, the Secretary of the Interior, in consultation 

13 with Indian tribes, shall issue guidelines for the manage14 ment of the Indian Youth Service Corps, in accordance 

15 with this Act and any other applicable Federal laws.’’. 

16 SEC. 9004. NATIONAL NORDIC MUSEUM ACT. 

17 (a) DESIGNATION.—The Nordic Museum located at 

18 2655 N.W. Market Street, Seattle, Washington, is des19 ignated as the ‘‘National Nordic Museum’’. 

20 (b) EFFECT OF DESIGNATION.— 

21 (1) IN GENERAL.—The museum designated by 

22 subsection (a) is not a unit of the National Park 

23 System. 

24 (2) USE OF FEDERAL FUNDS.—The designation 

25 of the museum by subsection (a) shall not require 


kjohnson on DSK79L0C42 with BILLS
654 

•S 47 PCS

1 Federal funds to be expended for any purpose re2 lated to the museum. 

3 SEC. 9005. DESIGNATION OF NATIONAL GEORGE C. MAR4 SHALL MUSEUM AND LIBRARY. 

5 (a) DESIGNATION.—The George C. Marshall Mu6 seum and the George C. Marshall Research Library in 

7 Lexington, Virginia, are designated as the ‘‘National 

8 George C. Marshall Museum and Library’’ (referred to in 

9 this section as the ‘‘museum)’’. 

10 (b) EFFECT OF DESIGNATION.— 

11 (1) IN GENERAL.—The museum designated by 

12 subsection (a) is not a unit of the National Park 

13 System. 

14 (2) USE OF FEDERAL FUNDS.—The designation 

15 of the museum by subsection (a) shall not require 

16 Federal funds to be expended for any purpose re17 lated to the museum. 

18 SEC. 9006. 21ST CENTURY RESPECT ACT. 

19 (a) AMENDMENTS TO REGULATIONS REQUIRED.— 

20 (1) SECRETARY OF AGRICULTURE.—The Sec21 retary of Agriculture shall amend section 1901.202 

22 of title 7, Code of Federal Regulations, for purposes 

23 of— 


kjohnson on DSK79L0C42 with BILLS
655 

•S 47 PCS

1 (A) replacing the reference to the term 

2 ‘‘Negro or Black’’ with ‘‘Black or African 

3 American’’; 

4 (B) replacing the reference to the term 

5 ‘‘Spanish Surname’’ with ‘‘Hispanic’’; and 

6 (C) replacing the reference to the term 

7 ‘‘Oriental’’ with ‘‘Asian American or Pacific Is8 lander’’. 

9 (2) ADMINISTRATOR OF GENERAL SERVICES.— 

10 The Administrator of General Services shall amend 

11 section 906.2 of title 36, Code of Federal Regula12 tions, for purposes of— 

13 (A) replacing the references to the term 

14 ‘‘Negro’’ with ‘‘Black or African American’’; 

15 (B) replacing the definition of ‘‘Negro’’ 

16 with the definition of ‘‘Black or African Amer17 ican’’ as ‘‘ an individual having origins in any 

18 of the Black racial groups of Africa’’; 

19 (C) replacing the references to the term 

20 ‘‘Oriental’’ with ‘‘Asian American or Pacific Is21 lander’’; and 

22 (D) replacing the references to the terms 

23 ‘‘Eskimo’’ and ‘‘Aleut’’ with ‘‘Alaska Native’’. 

24 (b) RULE OF CONSTRUCTION.—Nothing in this sec25 tion, or the amendments required by this section, shall be 


kjohnson on DSK79L0C42 with BILLS
656 

•S 47 PCS

1 construed to affect Federal law, except with respect to the 

2 use of terms by the Secretary of Agriculture and the Ad3 ministrator of General Services, respectively, to the regu4 lations affected by this section. 

5 SEC. 9007. AMERICAN WORLD WAR II HERITAGE CITIES. 

6 (a) DESIGNATION.—In order to recognize and ensure 

7 the continued preservation and importance of the history 

8 of the United States involvement in World War II, each 

9 calendar year the Secretary may designate 1 or more cities 

10 located in 1 of the several States or a territory of the 

11 United States as an ‘‘American World War II Heritage 

12 City’’. Not more than 1 city in each State or territory may 

13 be designated under this section. 

14 (b) APPLICATION FOR DESIGNATION.—The Sec15 retary may— 

16 (1) establish and publicize the process by which 

17 a city may apply for designation as an American 

18 World War II Heritage City based on the criteria in 

19 subsection (c); and 

20 (2) encourage cities to apply for designation as 

21 an American World War II Heritage City. 

22 (c) CRITERIA FOR DESIGNATION.—The Secretary, in 

23 consultation with the Secretary of the Smithsonian Insti24 tution or the President of the National Trust for Historic 


kjohnson on DSK79L0C42 with BILLS
657 

•S 47 PCS

1 Preservation, shall make each designation under sub2 section (a) based on the following criteria: 

3 (1) Contributions by a city and its environs to 

4 the World War II home-front war effort, including 

5 contributions related to— 

6 (A) defense manufacturing, such as ships, 

7 aircraft, uniforms, and equipment; 

8 (B) production of foodstuffs and consumer 

9 items for Armed Forces and home consumption; 

10 (C) war bond drives; 

11 (D) adaptations to wartime survival; 

12 (E) volunteer participation; 

13 (F) civil defense preparedness; 

14 (G) personnel serving in the Armed 

15 Forces, their achievements, and facilities for 

16 their rest and recreation; or 

17 (H) the presence of Armed Forces camps, 

18 bases, airfields, harbors, repair facilities, and 

19 other installations within or in its environs. 

20 (2) Achievements by a city and its environs to 

21 preserve the heritage and legacy of the city’s con22 tributions to the war effort and to preserve World 

23 War II history, including— 


kjohnson on DSK79L0C42 with BILLS
658 

•S 47 PCS

1 (A) the identification, preservation, res2 toration, and interpretation of World War II-re3 lated structures, facilities and sites; 

4 (B) establishment of museums, parks, and 

5 markers; 

6 (C) establishment of memorials to area 

7 men who lost their lives in service; 

8 (D) organizing groups of veterans and 

9 home-front workers and their recognition; 

10 (E) presentation of cultural events such as 

11 dances, plays, and lectures; 

12 (F) public relations outreach through the 

13 print and electronic media, and books; and 

14 (G) recognition and ceremonies remem15 bering wartime event anniversaries. 

16 SEC. 9008. QUINDARO TOWNSITE NATIONAL COMMEMORA17 TIVE SITE. 

18 (a) DEFINITIONS.—In this section: 

19 (1) COMMEMORATIVE SITE.—The term ‘‘Com20 memorative Site’’ means the Quindaro Townsite Na21 tional Commemorative Site designated by subsection 

22 (b)(1). 

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

24 of Kansas. 

25 (b) DESIGNATION.— 


kjohnson on DSK79L0C42 with BILLS
659 

•S 47 PCS

1 (1) IN GENERAL.—The Quindaro Townsite in 

2 Kansas City, Kansas, as listed on the National Reg3 ister of Historic Places, is designated as the 

4 ‘‘Quindaro Townsite National Commemorative Site’’. 

5 (2) EFFECT OF DESIGNATION.—The Com6 memorative Site shall not be considered to be a unit 

7 of the National Park System. 

8 (c) COOPERATIVE AGREEMENTS.— 

9 (1) IN GENERAL.—The Secretary, in consulta10 tion with the State, Kansas City, Kansas, and af11 fected subdivisions of the State, may enter into co12 operative agreements with appropriate public or pri13 vate entities, for the purposes of— 

14 (A) protecting historic resources at the 

15 Commemorative Site; and 

16 (B) providing educational and interpretive 

17 facilities and programs at the Commemorative 

18 Site for the public. 

19 (2) TECHNICAL AND FINANCIAL ASSISTANCE.— 

20 The Secretary may provide technical and financial 

21 assistance to any entity with which the Secretary 

22 has entered into a cooperative agreement under 

23 paragraph (1). 

24 (d) NO EFFECT ON ACTIONS OF PROPERTY OWN25 ERS.—Designation of the Quindaro Townsite as a NaVerDate Sep 11 2014 00:12 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 E:\BILLS\S47.PCS S47

kjohnson on DSK79L0C42 with BILLS
660 

•S 47 PCS

1 tional Commemorative Site shall not prohibit any actions 

2 that may otherwise be taken by a property owner (includ3 ing any owner of the Commemorative Site) with respect 

4 to the property of the owner. 

5 (e) NO EFFECT ON ADMINISTRATION.—Nothing in 

6 this section affects the administration of the Commemora7 tive Site by Kansas City, Kansas, or the State. 

8 SEC. 9009. DESIGNATION OF NATIONAL COMEDY CENTER 

9 IN JAMESTOWN, NEW YORK. 

10 (a) CONGRESSIONAL RECOGNITION.—Congress— 

11 (1) recognizes that the National Comedy Cen12 ter, located in Jamestown, New York, is the only 

13 museum of its kind that exists for the exclusive pur14 pose of celebrating comedy in all its forms; and 

15 (2) officially designates the National Comedy 

16 Center as the ‘‘National Comedy Center’’ (referred 

17 to in this section as the ‘‘Center’’). 

18 (b) EFFECT OF RECOGNITION.—The National Com19 edy Center recognized in this section is not a unit of the 

20 National Park System and the designation of the Center 

21 shall not be construed to require or permit Federal funds 

22 to be expended for any purpose related to the Center. 


kjohnson on DSK79L0C42 with BILLS

kjohnson on DSK79L0C42 with BILLS
Calendar No. 7 

116TH CONGRESS 

1ST SESSION S. 47 

A BILL 

To provide for the management of the natural reposes. sources of the United States, and for other purJANUARY 9, 2019 

Read the second time and placed on the calendar 


kjohnson on DSK79L0C42 with BILLS