PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 991 

Public Law 111–11 

111th Congress 

An Act 

To designate certain land as components of the National Wilderness Preservation 

System, to authorize certain programs and activities in the Department of the 

Interior and the Department of Agriculture, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

Public Land Management Act of 2009’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION 

SYSTEM 

Subtitle A—Wild Monongahela Wilderness 

Sec. 1001. Designation of wilderness, Monongahela National Forest, West Virginia. 

Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness, Monongahela National Forest. 

Sec. 1003. Monongahela National Forest boundary confirmation. 

Sec. 1004. Enhanced Trail Opportunities. 

Subtitle B—Virginia Ridge and Valley Wilderness 

Sec. 1101. Definitions. 

Sec. 1102. Designation of additional National Forest System land in Jefferson National Forest as wilderness or a wilderness study area. Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area, Jefferson 

National Forest, Virginia. Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, 

Virginia. Sec. 1105. Trail plan and development. 

Sec. 1106. Maps and boundary descriptions. 

Sec. 1107. Effective date. 

Subtitle C—Mt. Hood Wilderness, Oregon 

Sec. 1201. Definitions. 

Sec. 1202. Designation of wilderness areas. 

Sec. 1203. Designation of streams for wild and scenic river protection in the Mount 

Hood area. 

Sec. 1204. Mount Hood National Recreation Area. 

Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek. 

Sec. 1206. Land exchanges. 

Sec. 1207. Tribal provisions; planning and studies. 

Subtitle D—Copper Salmon Wilderness, Oregon 

Sec. 1301. Designation of the Copper Salmon Wilderness. 

Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon. 

Sec. 1303. Protection of tribal rights. 

Subtitle E—Cascade-Siskiyou National Monument, Oregon 

Sec. 1401. Definitions. 

Omnibus 

Public Land 

Management Act 

of 2009. 

16 USC 1 note. 

Mar. 30, 2009 

[H.R. 146] 


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Sec. 1402. Voluntary grazing lease donation program. 

Sec. 1403. Box R Ranch land exchange. 

Sec. 1404. Deerfield land exchange. 

Sec. 1405. Soda Mountain Wilderness. 

Sec. 1406. Effect. 

Subtitle F—Owyhee Public Land Management 

Sec. 1501. Definitions. 

Sec. 1502. Owyhee Science Review and Conservation Center. 

Sec. 1503. Wilderness areas. 

Sec. 1504. Designation of wild and scenic rivers. 

Sec. 1505. Land identified for disposal. 

Sec. 1506. Tribal cultural resources. 

Sec. 1507. Recreational travel management plans. 

Sec. 1508. Authorization of appropriations. 

Subtitle G—Sabinoso Wilderness, New Mexico 

Sec. 1601. Definitions. 

Sec. 1602. Designation of the Sabinoso Wilderness. 

Subtitle H—Pictured Rocks National Lakeshore Wilderness 

Sec. 1651. Definitions. 

Sec. 1652. Designation of Beaver Basin Wilderness. 

Sec. 1653. Administration. 

Sec. 1654. Effect. 

Subtitle I—Oregon Badlands Wilderness 

Sec. 1701. Definitions. 

Sec. 1702. Oregon Badlands Wilderness. 

Sec. 1703. Release. 

Sec. 1704. Land exchanges. 

Sec. 1705. Protection of tribal treaty rights. 

Subtitle J—Spring Basin Wilderness, Oregon 

Sec. 1751. Definitions. 

Sec. 1752. Spring Basin Wilderness. 

Sec. 1753. Release. 

Sec. 1754. Land exchanges. 

Sec. 1755. Protection of tribal treaty rights. 

Subtitle K—Eastern Sierra and Northern San Gabriel Wilderness, California 

Sec. 1801. Definitions. 

Sec. 1802. Designation of wilderness areas. 

Sec. 1803. Administration of wilderness areas. 

Sec. 1804. Release of wilderness study areas. 

Sec. 1805. Designation of wild and scenic rivers. 

Sec. 1806. Bridgeport Winter Recreation Area. 

Sec. 1807. Management of area within Humboldt-Toiyabe National Forest. 

Sec. 1808. Ancient Bristlecone Pine Forest. 

Subtitle L—Riverside County Wilderness, California 

Sec. 1851. Wilderness designation. 

Sec. 1852. Wild and scenic river designations, Riverside County, California. 

Sec. 1853. Additions and technical corrections to Santa Rosa and San Jacinto 

Mountains National Monument. 

Subtitle M—Sequoia and Kings Canyon National Parks Wilderness, California 

Sec. 1901. Definitions. 

Sec. 1902. Designation of wilderness areas. 

Sec. 1903. Administration of wilderness areas. 

Sec. 1904. Authorization of appropriations. 

Subtitle N—Rocky Mountain National Park Wilderness, Colorado 

Sec. 1951. Definitions. 

Sec. 1952. Rocky Mountain National Park Wilderness, Colorado. 

Sec. 1953. Grand River Ditch and Colorado-Big Thompson projects. 

Sec. 1954. East Shore Trail Area. 

Sec. 1955. National forest area boundary adjustments. 

Sec. 1956. Authority to lease Leiffer tract. 


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Subtitle O—Washington County, Utah 

Sec. 1971. Definitions. 

Sec. 1972. Wilderness areas. 

Sec. 1973. Zion National Park wilderness. 

Sec. 1974. Red Cliffs National Conservation Area. 

Sec. 1975. Beaver Dam Wash National Conservation Area. 

Sec. 1976. Zion National Park wild and scenic river designation. 

Sec. 1977. Washington County comprehensive travel and transportation management plan. 

Sec. 1978. Land disposal and acquisition. 

Sec. 1979. Management of priority biological areas. 

Sec. 1980. Public purpose conveyances. 

Sec. 1981. Conveyance of Dixie National Forest land. 

Sec. 1982. Transfer of land into trust for Shivwits Band of Paiute Indians. 

Sec. 1983. Authorization of appropriations. 

TITLE II—BUREAU OF LAND MANAGEMENT AUTHORIZATIONS 

Subtitle A—National Landscape Conservation System 

Sec. 2001. Definitions. 

Sec. 2002. Establishment of the National Landscape Conservation System. 

Sec. 2003. Authorization of appropriations. 

Subtitle B—Prehistoric Trackways National Monument 

Sec. 2101. Findings. 

Sec. 2102. Definitions. 

Sec. 2103. Establishment. 

Sec. 2104. Administration. 

Sec. 2105. Authorization of appropriations. 

Subtitle C—Fort Stanton-Snowy River Cave National Conservation Area 

Sec. 2201. Definitions. 

Sec. 2202. Establishment of the Fort Stanton-Snowy River Cave National Conservation Area. 

Sec. 2203. Management of the Conservation Area. 

Sec. 2204. Authorization of appropriations. 

Subtitle D—Snake River Birds of Prey National Conservation Area 

Sec. 2301. Snake River Birds of Prey National Conservation Area. 

Subtitle E—Dominguez-Escalante National Conservation Area 

Sec. 2401. Definitions. 

Sec. 2402. Dominguez-Escalante National Conservation Area. 

Sec. 2403. Dominguez Canyon Wilderness Area. 

Sec. 2404. Maps and legal descriptions. 

Sec. 2405. Management of Conservation Area and Wilderness. 

Sec. 2406. Management plan. 

Sec. 2407. Advisory council. 

Sec. 2408. Authorization of appropriations. 

Subtitle F—Rio Puerco Watershed Management Program 

Sec. 2501. Rio Puerco Watershed Management Program. 

Subtitle G—Land Conveyances and Exchanges 

Sec. 2601. Carson City, Nevada, land conveyances. 

Sec. 2602. Southern Nevada limited transition area conveyance. 

Sec. 2603. Nevada Cancer Institute land conveyance. 

Sec. 2604. Turnabout Ranch land conveyance, Utah. 

Sec. 2605. Boy Scouts land exchange, Utah. 

Sec. 2606. Douglas County, Washington, land conveyance. 

Sec. 2607. Twin Falls, Idaho, land conveyance. 

Sec. 2608. Sunrise Mountain Instant Study Area release, Nevada. 

Sec. 2609. Park City, Utah, land conveyance. 

Sec. 2610. Release of reversionary interest in certain lands in Reno, Nevada. 

Sec. 2611. Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria. 

TITLE III—FOREST SERVICE AUTHORIZATIONS 

Subtitle A—Watershed Restoration and Enhancement 

Sec. 3001. Watershed restoration and enhancement agreements. 


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Subtitle B—Wildland Firefighter Safety 

Sec. 3101. Wildland firefighter safety. 

Subtitle C—Wyoming Range 

Sec. 3201. Definitions. 

Sec. 3202. Withdrawal of certain land in the Wyoming range. 

Sec. 3203. Acceptance of the donation of valid existing mining or leasing rights in 

the Wyoming range. 

Subtitle D—Land Conveyances and Exchanges 

Sec. 3301. Land conveyance to City of Coffman Cove, Alaska. 

Sec. 3302. Beaverhead-Deerlodge National Forest land conveyance, Montana. 

Sec. 3303. Santa Fe National Forest; Pecos National Historical Park Land Exchange. 

Sec. 3304. Santa Fe National Forest Land Conveyance, New Mexico. 

Sec. 3305. Kittitas County, Washington, land conveyance. 

Sec. 3306. Mammoth Community Water District use restrictions. 

Sec. 3307. Land exchange, Wasatch-Cache National Forest, Utah. 

Sec. 3308. Boundary adjustment, Frank Church River of No Return Wilderness. 

Sec. 3309. Sandia pueblo land exchange technical amendment. 

Subtitle E—Colorado Northern Front Range Study 

Sec. 3401. Purpose. 

Sec. 3402. Definitions. 

Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study. 

TITLE IV—FOREST LANDSCAPE RESTORATION 

Sec. 4001. Purpose. 

Sec. 4002. Definitions. 

Sec. 4003. Collaborative Forest Landscape Restoration Program. 

Sec. 4004. Authorization of appropriations. 

TITLE V—RIVERS AND TRAILS 

Subtitle A—Additions to the National Wild and Scenic Rivers System 

Sec. 5001. Fossil Creek, Arizona. 

Sec. 5002. Snake River Headwaters, Wyoming. 

Sec. 5003. Taunton River, Massachusetts. 

Subtitle B—Wild and Scenic Rivers Studies 

Sec. 5101. Missisquoi and Trout Rivers Study. 

Subtitle C—Additions to the National Trails System 

Sec. 5201. Arizona National Scenic Trail. 

Sec. 5202. New England National Scenic Trail. 

Sec. 5203. Ice Age Floods National Geologic Trail. 

Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic Trail. 

Sec. 5205. Pacific Northwest National Scenic Trail. 

Sec. 5206. Trail of Tears National Historic Trail. 

Subtitle D—National Trail System Amendments 

Sec. 5301. National Trails System willing seller authority. 

Sec. 5302. Revision of feasibility and suitability studies of existing national historic 

trails. 

Sec. 5303. Chisholm Trail and Great Western Trails Studies. 

Subtitle E—Effect of Title 

Sec. 5401. Effect. 

TITLE VI—DEPARTMENT OF THE INTERIOR AUTHORIZATIONS 

Subtitle A—Cooperative Watershed Management Program 

Sec. 6001. Definitions. 

Sec. 6002. Program. 

Sec. 6003. Effect of subtitle. 

Subtitle B—Competitive Status for Federal Employees in Alaska 

Sec. 6101. Competitive status for certain Federal employees in the State of Alaska. 

Subtitle C—Wolf Livestock Loss Demonstration Project 

Sec. 6201. Definitions. 


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Sec. 6202. Wolf compensation and prevention program. 

Sec. 6203. Authorization of appropriations. 

Subtitle D—Paleontological Resources Preservation 

Sec. 6301. Definitions. 

Sec. 6302. Management. 

Sec. 6303. Public awareness and education program. 

Sec. 6304. Collection of paleontological resources. 

Sec. 6305. Curation of resources. 

Sec. 6306. Prohibited acts; criminal penalties. 

Sec. 6307. Civil penalties. 

Sec. 6308. Rewards and forfeiture. 

Sec. 6309. Confidentiality. 

Sec. 6310. Regulations. 

Sec. 6311. Savings provisions. 

Sec. 6312. Authorization of appropriations. 

Subtitle E—Izembek National Wildlife Refuge Land Exchange 

Sec. 6401. Definitions. 

Sec. 6402. Land exchange. 

Sec. 6403. King Cove Road. 

Sec. 6404. Administration of conveyed lands. 

Sec. 6405. Failure to begin road construction. 

Sec. 6406. Expiration of legislative authority. 

TITLE VII—NATIONAL PARK SERVICE AUTHORIZATIONS 

Subtitle A—Additions to the National Park System 

Sec. 7001. Paterson Great Falls National Historical Park, New Jersey. 

Sec. 7002. William Jefferson Clinton Birthplace Home National Historic Site. 

Sec. 7003. River Raisin National Battlefield Park. 

Subtitle B—Amendments to Existing Units of the National Park System 

Sec. 7101. Funding for Keweenaw National Historical Park. 

Sec. 7102. Location of visitor and administrative facilities for Weir Farm National 

Historic Site. 

Sec. 7103. Little River Canyon National Preserve boundary expansion. 

Sec. 7104. Hopewell Culture National Historical Park boundary expansion. 

Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary adjustment. 

Sec. 7106. Minute Man National Historical Park. 

Sec. 7107. Everglades National Park. 

Sec. 7108. Kalaupapa National Historical Park. 

Sec. 7109. Boston Harbor Islands National Recreation Area. 

Sec. 7110. Thomas Edison National Historical Park, New Jersey. 

Sec. 7111. Women’s Rights National Historical Park. 

Sec. 7112. Martin Van Buren National Historic Site. 

Sec. 7113. Palo Alto Battlefield National Historical Park. 

Sec. 7114. Abraham Lincoln Birthplace National Historical Park. 

Sec. 7115. New River Gorge National River. 

Sec. 7116. Technical corrections. 

Sec. 7117. Dayton Aviation Heritage National Historical Park, Ohio. 

Sec. 7118. Fort Davis National Historic Site. 

Subtitle C—Special Resource Studies 

Sec. 7201. Walnut Canyon study. 

Sec. 7202. Tule Lake Segregation Center, California. 

Sec. 7203. Estate Grange, St. Croix. 

Sec. 7204. Harriet Beecher Stowe House, Maine. 

Sec. 7205. Shepherdstown battlefield, West Virginia. 

Sec. 7206. Green McAdoo School, Tennessee. 

Sec. 7207. Harry S Truman Birthplace, Missouri. 

Sec. 7208. Battle of Matewan special resource study. 

Sec. 7209. Butterfield Overland Trail. 

Sec. 7210. Cold War sites theme study. 

Sec. 7211. Battle of Camden, South Carolina. 

Sec. 7212. Fort San Gero ́nimo, Puerto Rico. 

Subtitle D—Program Authorizations 

Sec. 7301. American Battlefield Protection Program. 


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Sec. 7302. Preserve America Program. 

Sec. 7303. Save America’s Treasures Program. 

Sec. 7304. Route 66 Corridor Preservation Program. 

Sec. 7305. National Cave and Karst Research Institute. 

Subtitle E—Advisory Commissions 

Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Advisory Commission. 

Sec. 7402. Cape Cod National Seashore Advisory Commission. 

Sec. 7403. Concessions Management Advisory Board. 

Sec. 7404. St. Augustine 450th Commemoration Commission. 

TITLE VIII—NATIONAL HERITAGE AREAS 

Subtitle A—Designation of National Heritage Areas 

Sec. 8001. Sangre de Cristo National Heritage Area, Colorado. 

Sec. 8002. Cache La Poudre River National Heritage Area, Colorado. 

Sec. 8003. South Park National Heritage Area, Colorado. 

Sec. 8004. Northern Plains National Heritage Area, North Dakota. 

Sec. 8005. Baltimore National Heritage Area, Maryland. 

Sec. 8006. Freedom’s Way National Heritage Area, Massachusetts and New Hampshire. 

Sec. 8007. Mississippi Hills National Heritage Area. 

Sec. 8008. Mississippi Delta National Heritage Area. 

Sec. 8009. Muscle Shoals National Heritage Area, Alabama. 

Sec. 8010. Kenai Mountains-Turnagain Arm National Heritage Area, Alaska. 

Subtitle B—Studies 

Sec. 8101. Chattahoochee Trace, Alabama and Georgia. 

Sec. 8102. Northern Neck, Virginia. 

Subtitle C—Amendments Relating to National Heritage Corridors 

Sec. 8201. Quinebaug and Shetucket Rivers Valley National Heritage Corridor. 

Sec. 8202. Delaware And Lehigh National Heritage Corridor. 

Sec. 8203. Erie Canalway National Heritage Corridor. 

Sec. 8204. John H. Chafee Blackstone River Valley National Heritage Corridor. 

Subtitle D—Effect of Title 

Sec. 8301. Effect on access for recreational activities. 

TITLE IX—BUREAU OF RECLAMATION AUTHORIZATIONS 

Subtitle A—Feasibility Studies 

Sec. 9001. Snake, Boise, and Payette River systems, Idaho. 

Sec. 9002. Sierra Vista Subwatershed, Arizona. 

Sec. 9003. San Diego Intertie, California. 

Subtitle B—Project Authorizations 

Sec. 9101. Tumalo Irrigation District Water Conservation Project, Oregon. 

Sec. 9102. Madera Water Supply Enhancement Project, California. 

Sec. 9103. Eastern New Mexico Rural Water System project, New Mexico. 

Sec. 9104. Rancho California Water District project, California. 

Sec. 9105. Jackson Gulch Rehabilitation Project, Colorado. 

Sec. 9106. Rio Grande Pueblos, New Mexico. 

Sec. 9107. Upper Colorado River endangered fish programs. 

Sec. 9108. Santa Margarita River, California. 

Sec. 9109. Elsinore Valley Municipal Water District. 

Sec. 9110. North Bay Water Reuse Authority. 

Sec. 9111. Prado Basin Natural Treatment System Project, California. 

Sec. 9112. Bunker Hill Groundwater Basin, California. 

Sec. 9113. GREAT Project, California. 

Sec. 9114. Yucaipa Valley Water District, California. 

Sec. 9115. Arkansas Valley Conduit, Colorado. 

Subtitle C—Title Transfers and Clarifications 

Sec. 9201. Transfer of McGee Creek pipeline and facilities. 

Sec. 9202. Albuquerque Biological Park, New Mexico, title clarification. 

Sec. 9203. Goleta Water District Water Distribution System, California. 

Subtitle D—San Gabriel Basin Restoration Fund 

Sec. 9301. Restoration Fund. 


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Subtitle E—Lower Colorado River Multi-Species Conservation Program 

Sec. 9401. Definitions. 

Sec. 9402. Implementation and water accounting. 

Sec. 9403. Enforceability of program documents. 

Sec. 9404. Authorization of appropriations. 

Subtitle F—Secure Water 

Sec. 9501. Findings. 

Sec. 9502. Definitions. 

Sec. 9503. Reclamation climate change and water program. 

Sec. 9504. Water management improvement. 

Sec. 9505. Hydroelectric power assessment. 

Sec. 9506. Climate change and water intragovernmental panel. 

Sec. 9507. Water data enhancement by United States Geological Survey. 

Sec. 9508. National water availability and use assessment program. 

Sec. 9509. Research agreement authority. 

Sec. 9510. Effect. 

Subtitle G—Aging Infrastructure 

Sec. 9601 Definitions. 

Sec. 9602. Guidelines and inspection of project facilities and technical assistance to 

transferred works operating entities. 

Sec. 9603. Extraordinary operation and maintenance work performed by the Secretary. 

Sec. 9604. Relationship to Twenty-First Century Water Works Act. 

Sec. 9605. Authorization of appropriations. 

TITLE X—WATER SETTLEMENTS 

Subtitle A—San Joaquin River Restoration Settlement 

PART I—SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT

Sec. 10001. Short title. 

Sec. 10002. Purpose. 

Sec. 10003. Definitions. 

Sec. 10004. Implementation of settlement. 

Sec. 10005. Acquisition and disposal of property; title to facilities. 

Sec. 10006. Compliance with applicable law. 

Sec. 10007. Compliance with Central Valley Project Improvement Act. 

Sec. 10008. No private right of action. 

Sec. 10009. Appropriations; Settlement Fund. 

Sec. 10010. Repayment contracts and acceleration of repayment of construction 

costs. 

Sec. 10011. California Central Valley Spring Run Chinook salmon. 

PART II—STUDY TO DEVELOP WATER PLAN; REPORT

Sec. 10101. Study to develop water plan; report. 

PART III—FRIANT DIVISION IMPROVEMENTS

Sec. 10201. Federal facility improvements. 

Sec. 10202. Financial assistance for local projects. 

Sec. 10203. Authorization of appropriations. 

Subtitle B—Northwestern New Mexico Rural Water Projects 

Sec. 10301. Short title. 

Sec. 10302. Definitions. 

Sec. 10303. Compliance with environmental laws. 

Sec. 10304. No reallocation of costs. 

Sec. 10305. Interest rate. 

PART I—AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND PUBLIC

LAW 87–483 

Sec. 10401. Amendments to the Colorado River Storage Project Act. 

Sec. 10402. Amendments to Public Law 87–483. 

Sec. 10403. Effect on Federal water law. 

PART II—RECLAMATION WATER SETTLEMENTS FUND

Sec. 10501. Reclamation Water Settlements Fund. 

PART III—NAVAJO-GALLUP WATER SUPPLY PROJECT

Sec. 10601. Purposes. 


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Sec. 10602. Authorization of Navajo-Gallup Water Supply Project. 

Sec. 10603. Delivery and use of Navajo-Gallup Water Supply Project water. 

Sec. 10604. Project contracts. 

Sec. 10605. Navajo Nation Municipal Pipeline. 

Sec. 10606. Authorization of conjunctive use wells. 

Sec. 10607. San Juan River Navajo Irrigation Projects. 

Sec. 10608. Other irrigation projects. 

Sec. 10609. Authorization of appropriations. 

PART IV—NAVAJO NATION WATER RIGHTS

Sec. 10701. Agreement. 

Sec. 10702. Trust Fund. 

Sec. 10703. Waivers and releases. 

Sec. 10704. Water rights held in trust. 

Subtitle C—Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights 

Settlement 

Sec. 10801. Findings. 

Sec. 10802. Purposes. 

Sec. 10803. Definitions. 

Sec. 10804. Approval, ratification, and confirmation of agreement; authorization. 

Sec. 10805. Tribal water rights. 

Sec. 10806. Duck Valley Indian Irrigation Project. 

Sec. 10807. Development and Maintenance Funds. 

Sec. 10808. Tribal waiver and release of claims. 

Sec. 10809. Miscellaneous. 

TITLE XI—UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS 

Sec. 11001. Reauthorization of the National Geologic Mapping Act of 1992. 

Sec. 11002. New Mexico water resources study. 

TITLE XII—OCEANS 

Subtitle A—Ocean Exploration 

PART I—EXPLORATION

Sec. 12001. Purpose. 

Sec. 12002. Program established. 

Sec. 12003. Powers and duties of the Administrator. 

Sec. 12004. Ocean exploration and undersea research technology and infrastructure 

task force. 

Sec. 12005. Ocean Exploration Advisory Board. 

Sec. 12006. Authorization of appropriations. 

PART II—NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009 

Sec. 12101. Short title. 

Sec. 12102. Program established. 

Sec. 12103. Powers of program director. 

Sec. 12104. Administrative structure. 

Sec. 12105. Research, exploration, education, and technology programs. 

Sec. 12106. Competitiveness. 

Sec. 12107. Authorization of appropriations. 

Subtitle B—Ocean and Coastal Mapping Integration Act 

Sec. 12201. Short title. 

Sec. 12202. Establishment of program. 

Sec. 12203. Interagency committee on ocean and coastal mapping. 

Sec. 12204. Biannual reports. 

Sec. 12205. Plan. 

Sec. 12206. Effect on other laws. 

Sec. 12207. Authorization of appropriations. 

Sec. 12208. Definitions. 

Subtitle C—Integrated Coastal and Ocean Observation System Act of 2009 

Sec. 12301. Short title. 

Sec. 12302. Purposes. 

Sec. 12303. Definitions. 

Sec. 12304. Integrated coastal and ocean observing system. 

Sec. 12305. Interagency financing and agreements. 

Sec. 12306. Application with other laws. 


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Sec. 12307. Report to Congress. 

Sec. 12308. Public-private use policy. 

Sec. 12309. Independent cost estimate. 

Sec. 12310. Intent of Congress. 

Sec. 12311. Authorization of appropriations. 

Subtitle D—Federal Ocean Acidification Research and Monitoring Act of 2009 

Sec. 12401. Short title. 

Sec. 12402. Purposes. 

Sec. 12403. Definitions. 

Sec. 12404. Interagency subcommittee. 

Sec. 12405. Strategic research plan. 

Sec. 12406. NOAA ocean acidification activities. 

Sec. 12407. NSF ocean acidification activities. 

Sec. 12408. NASA ocean acidification activities. 

Sec. 12409. Authorization of appropriations. 

Subtitle E—Coastal and Estuarine Land Conservation Program 

Sec. 12501. Short title. 

Sec. 12502. Authorization of Coastal and Estuarine Land Conservation Program. 

TITLE XIII—MISCELLANEOUS 

Sec. 13001. Management and distribution of North Dakota trust funds. 

Sec. 13002. Amendments to the Fisheries Restoration and Irrigation Mitigation Act 

of 2000. 

Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act. 

Sec. 13004. Additional Assistant Secretary for Department of Energy. 

Sec. 13005. Lovelace Respiratory Research Institute. 

Sec. 13006. Authorization of appropriations for National Tropical Botanical Garden. 

TITLE XIV—CHRISTOPHER AND DANA REEVE PARALYSIS ACT 

Sec. 14001. Short title. 

Subtitle A—Paralysis Research 

Sec. 14101. Activities of the National Institutes of Health with respect to research 

on paralysis. 

Subtitle B—Paralysis Rehabilitation Research and Care 

Sec. 14201. Activities of the National Institutes of Health with respect to research 

with implications for enhancing daily function for persons with paralysis. 

Subtitle C—Improving Quality of Life for Persons With Paralysis and Other 

Physical Disabilities 

Sec. 14301. Programs to improve quality of life for persons with paralysis and other 

physical disabilities. 

TITLE XV—SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION 

Sec. 15101. Laboratory and support space, Edgewater, Maryland. 

Sec. 15102. Laboratory space, Gamboa, Panama. 

Sec. 15103. Construction of greenhouse facility. 

TITLE I—ADDITIONS TO THE NATIONAL 

WILDERNESS PRESERVATION SYSTEM 

Subtitle A—Wild Monongahela Wilderness 

SEC. 1001. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL 

FOREST, WEST VIRGINIA. 

(a) DESIGNATION.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal lands 

within the Monongahela National Forest in the State of West Virginia are designated as wilderness and as either a new component 

of the National Wilderness Preservation System or as an addition 

16 USC 1132 

note. 


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to an existing component of the National Wilderness Preservation 

System: 

(1) Certain Federal land comprising approximately 5,144 

acres, as generally depicted on the map entitled ‘‘Big Draft 

Proposed Wilderness’’ and dated March 11, 2008, which shall 

be known as the ‘‘Big Draft Wilderness’’. 

(2) Certain Federal land comprising approximately 11,951 

acres, as generally depicted on the map entitled ‘‘Cranberry 

Expansion Proposed Wilderness’’ and dated March 11, 2008, 

which shall be added to and administered as part of the Cranberry Wilderness designated by section 1(1) of Public Law 97– 

466 (96 Stat. 2538). 

(3) Certain Federal land comprising approximately 7,156 

acres, as generally depicted on the map entitled ‘‘Dolly Sods 

Expansion Proposed Wilderness’’ and dated March 11, 2008, 

which shall be added to and administered as part of the Dolly 

Sods Wilderness designated by section 3(a)(13) of Public Law 

93–622 (88 Stat. 2098). 

(4) Certain Federal land comprising approximately 698 

acres, as generally depicted on the map entitled ‘‘Otter Creek 

Expansion Proposed Wilderness’’ and dated March 11, 2008, 

which shall be added to and administered as part of the Otter 

Creek Wilderness designated by section 3(a)(14) of Public Law 

93–622 (88 Stat. 2098). 

(5) Certain Federal land comprising approximately 6,792 

acres, as generally depicted on the map entitled ‘‘Roaring Plains 

Proposed Wilderness’’ and dated March 11, 2008, which shall 

be known as the ‘‘Roaring Plains West Wilderness’’. 

(6) Certain Federal land comprising approximately 6,030 

acres, as generally depicted on the map entitled ‘‘Spice Run 

Proposed Wilderness’’ and dated March 11, 2008, which shall 

be known as the ‘‘Spice Run Wilderness’’. 

(b) MAPS AND LEGAL DESCRIPTION.— 

(1) FILING AND AVAILABILITY.—As soon as practicable after 

the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall 

file with the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a map and legal description of each 

wilderness area designated or expanded by subsection (a). The 

maps and legal descriptions shall be on file and available 

for public inspection in the office of the Chief of the Forest 

Service and the office of the Supervisor of the Monongahela 

National Forest. 

(2) FORCE AND EFFECT.—The maps and legal descriptions 

referred to in this subsection shall have the same force and 

effect as if included in this subtitle, except that the Secretary 

may correct errors in the maps and descriptions. 

(c) ADMINISTRATION.—Subject to valid existing rights, the Federal lands designated as wilderness by subsection (a) shall be 

administered by the Secretary in accordance with the Wilderness 

Act (16 U.S.C. 1131 et seq.). The Secretary may continue to 

authorize the competitive running event permitted from 2003 

through 2007 in the vicinity of the boundaries of the Dolly Sods 

Wilderness addition designated by paragraph (3) of subsection (a) 


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and the Roaring Plains West Wilderness Area designated by paragraph (5) of such subsection, in a manner compatible with the 

preservation of such areas as wilderness. 

(d) EFFECTIVE DATE OF WILDERNESS ACT.—With respect to 

the Federal lands designated as wilderness by subsection (a), any 

reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the 

effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. 

(e) FISH AND WILDLIFE.—As provided in section 4(d)(7) of the 

Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects 

the jurisdiction or responsibility of the State of West Virginia with 

respect to wildlife and fish. 

SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS, MONONGAHELA NATIONAL FOREST. 

(a) BOUNDARY ADJUSTMENT.—The boundary of the Laurel Fork 

South Wilderness designated by section 1(3) of Public Law 97– 

466 (96 Stat. 2538) is modified to exclude two parcels of land, 

as generally depicted on the map entitled ‘‘Monongahela National 

Forest Laurel Fork South Wilderness Boundary Modification’’ and 

dated March 11, 2008, and more particularly described according 

to the site-specific maps and legal descriptions on file in the office 

of the Forest Supervisor, Monongahela National Forest. The general 

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

Office of the Chief of the Forest Service. 

(b) MANAGEMENT.—Federally owned land delineated on the 

maps referred to in subsection (a) as the Laurel Fork South Wilderness, as modified by such subsection, shall continue to be administered by the Secretary of Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). 

SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION. 

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

Forest is confirmed to include the tracts of land as generally 

depicted on the map entitled ‘‘Monongahela National Forest 

Boundary Confirmation’’ and dated March 13, 2008, and all Federal 

lands under the jurisdiction of the Secretary of Agriculture, acting 

through the Chief of the Forest Service, encompassed within such 

boundary shall be managed under the laws and regulations pertaining to the National Forest System. 

(b) LAND AND WATER CONSERVATION FUND.—For the purposes 

of section 7 of the Land and Water Conservation Fund Act of 

1965 (16 U.S.C. 460l–9), the boundaries of the Monongahela 

National Forest, as confirmed by subsection (a), shall be considered 

to be the boundaries of the Monongahela National Forest as of 

January 1, 1965. 

SEC. 1004. ENHANCED TRAIL OPPORTUNITIES. 

(a) PLAN.— 

(1) IN GENERAL.—The Secretary of Agriculture, in consultation with interested parties, shall develop a plan to provide 

for enhanced nonmotorized recreation trail opportunities on 

lands not designated as wilderness within the Monongahela 

National Forest. 

(2) NONMOTORIZED RECREATION TRAIL DEFINED.—For the 

purposes of this subsection, the term ‘‘nonmotorized recreation 

16 USC 1132 

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trail’’ means a trail designed for hiking, bicycling, and equestrian use. 

(b) REPORT.—Not later than two years after the date of the 

enactment of this Act, the Secretary of Agriculture shall submit 

to Congress a report on the implementation of the plan required 

under subsection (a), including the identification of priority trails 

for development. 

(c) CONSIDERATION OF CONVERSION OF FOREST ROADS TO REC- REATIONAL USES.—In considering possible closure and decommissioning of a Forest Service road within the Monongahela National 

Forest after the date of the enactment of this Act, the Secretary 

of Agriculture, in accordance with applicable law, may consider 

converting the road to nonmotorized uses to enhance recreational 

opportunities within the Monongahela National Forest. 

Subtitle B—Virginia Ridge and Valley 

Wilderness 

SEC. 1101. DEFINITIONS. 

In this subtitle: 

(1) SCENIC AREAS.—The term ‘‘scenic areas’’ means the 

Seng Mountain National Scenic Area and the Bear Creek 

National Scenic Area. 

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

of Agriculture. 

SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM 

LAND IN JEFFERSON NATIONAL FOREST AS WILDERNESS 

OR A WILDERNESS STUDY AREA. 

(a) DESIGNATION OF WILDERNESS.—Section 1 of Public Law 

100–326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), 

is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘System—’’ and inserting ‘‘System:’’; 

(2) by striking ‘‘certain’’ each place it appears and inserting 

‘‘Certain’’; 

(3) in each of paragraphs (1) through (6), by striking the 

semicolon at the end and inserting a period; 

(4) in paragraph (7), by striking ‘‘; and’’ and inserting 

a period; and 

(5) by adding at the end the following: 

‘‘(9) Certain land in the Jefferson National Forest comprising approximately 3,743 acres, as generally depicted on 

the map entitled ‘Brush Mountain and Brush Mountain East’ 

and dated May 5, 2008, which shall be known as the ‘Brush 

Mountain East Wilderness’. 

‘‘(10) Certain land in the Jefferson National Forest comprising approximately 4,794 acres, as generally depicted on 

the map entitled ‘Brush Mountain and Brush Mountain East’ 

and dated May 5, 2008, which shall be known as the ‘Brush 

Mountain Wilderness’. 

‘‘(11) Certain land in the Jefferson National Forest comprising approximately 4,223 acres, as generally depicted on 

the map entitled ‘Seng Mountain and Raccoon Branch’ and 

dated April 28, 2008, which shall be known as the ‘Raccoon 

Branch Wilderness’. 

16 USC 546b 

note. 


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‘‘(12) Certain land in the Jefferson National Forest comprising approximately 3,270 acres, as generally depicted on 

the map entitled ‘Stone Mountain’ and dated April 28, 2008, 

which shall be known as the ‘Stone Mountain Wilderness’. 

‘‘(13) Certain land in the Jefferson National Forest comprising approximately 8,470 acres, as generally depicted on 

the map entitled ‘Garden Mountain and Hunting Camp Creek’ 

and dated April 28, 2008, which shall be known as the ‘Hunting 

Camp Creek Wilderness’. 

‘‘(14) Certain land in the Jefferson National Forest comprising approximately 3,291 acres, as generally depicted on 

the map entitled ‘Garden Mountain and Hunting Camp Creek’ 

and dated April 28, 2008, which shall be known as the ‘Garden 

Mountain Wilderness’. 

‘‘(15) Certain land in the Jefferson National Forest comprising approximately 5,476 acres, as generally depicted on 

the map entitled ‘Mountain Lake Additions’ and dated April 

28, 2008, which is incorporated in the Mountain Lake Wilderness designated by section 2(6) of the Virginia Wilderness Act 

of 1984 (16 U.S.C. 1132 note; Public Law 98–586). 

‘‘(16) Certain land in the Jefferson National Forest comprising approximately 308 acres, as generally depicted on the 

map entitled ‘Lewis Fork Addition and Little Wilson Creek 

Additions’ and dated April 28, 2008, which is incorporated 

in the Lewis Fork Wilderness designated by section 2(3) of 

the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; 

Public Law 98–586). 

‘‘(17) Certain land in the Jefferson National Forest comprising approximately 1,845 acres, as generally depicted on 

the map entitled ‘Lewis Fork Addition and Little Wilson Creek 

Additions’ and dated April 28, 2008, which is incorporated 

in the Little Wilson Creek Wilderness designated by section 

2(5) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 

note; Public Law 98–586). 

‘‘(18) Certain land in the Jefferson National Forest comprising approximately 2,219 acres, as generally depicted on 

the map entitled ‘Shawvers Run Additions’ and dated April 

28, 2008, which is incorporated in the Shawvers Run Wilderness 

designated by paragraph (4). 

‘‘(19) Certain land in the Jefferson National Forest comprising approximately 1,203 acres, as generally depicted on 

the map entitled ‘Peters Mountain Addition’ and dated April 

28, 2008, which is incorporated in the Peters Mountain Wilderness designated by section 2(7) of the Virginia Wilderness Act 

of 1984 (16 U.S.C. 1132 note; Public Law 98–586). 

‘‘(20) Certain land in the Jefferson National Forest comprising approximately 263 acres, as generally depicted on the 

map entitled ‘Kimberling Creek Additions and Potential Wilderness Area’ and dated April 28, 2008, which is incorporated 

in the Kimberling Creek Wilderness designated by section 2(2) 

of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; 

Public Law 98–586).’’. 

(b) DESIGNATION OF WILDERNESS STUDY AREA.—The Virginia 

Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98– 

586) is amended— 

(1) in the first section, by inserting ‘‘as’’ after ‘‘cited’’; and 

(2) in section 6(a)— 


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(A) by striking ‘‘certain’’ each place it appears and 

inserting ‘‘Certain’’; 

(B) in each of paragraphs (1) and (2), by striking the 

semicolon at the end and inserting a period; 

(C) in paragraph (3), by striking ‘‘; and’’ and inserting 

a period; and 

(D) by adding at the end the following: 

‘‘(5) Certain land in the Jefferson National Forest comprising approximately 3,226 acres, as generally depicted on 

the map entitled ‘Lynn Camp Creek Wilderness Study Area’ 

and dated April 28, 2008, which shall be known as the ‘Lynn 

Camp Creek Wilderness Study Area’.’’. 

SEC. 1103. DESIGNATION OF KIMBERLING CREEK POTENTIAL WILDERNESS AREA, JEFFERSON NATIONAL FOREST, VIRGINIA. 

(a) DESIGNATION.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Jefferson 

National Forest comprising approximately 349 acres, as generally 

depicted on the map entitled ‘‘Kimberling Creek Additions and 

Potential Wilderness Area’’ and dated April 28, 2008, is designated 

as a potential wilderness area for incorporation in the Kimberling 

Creek Wilderness designated by section 2(2) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586). 

(b) MANAGEMENT.—Except as provided in subsection (c) and 

subject to valid existing rights, the Secretary shall manage the 

potential wilderness area in accordance with the Wilderness Act 

(16 U.S.C. 1131 et seq.). 

(c) ECOLOGICAL RESTORATION.— 

(1) IN GENERAL.—For purposes of ecological restoration 

(including the elimination of nonnative species, removal of 

illegal, unused, or decommissioned roads, and any other activity 

necessary to restore the natural ecosystems in the potential 

wilderness area), the Secretary may use motorized equipment 

and mechanized transport in the potential wilderness area 

until the date on which the potential wilderness area is incorporated into the Kimberling Creek Wilderness. 

(2) LIMITATION.—To the maximum extent practicable, the 

Secretary shall use the minimum tool or administrative practice 

necessary to accomplish ecological restoration with the least 

amount of adverse impact on wilderness character and 

resources. 

(d) WILDERNESS DESIGNATION.—The potential wilderness area 

shall be designated as wilderness and incorporated in the 

Kimberling Creek Wilderness on the earlier of— 

(1) the date on which the Secretary publishes in the Federal 

Register notice that the conditions in the potential wilderness 

area that are incompatible with the Wilderness Act (16 U.S.C. 

1131 et seq.) have been removed; or 

(2) the date that is 5 years after the date of enactment 

of this Act. 

SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFERSON NATIONAL FOREST, VIRGINIA. 

(a) ESTABLISHMENT.—There are designated as National Scenic 

Areas— 

16 USC 546b. 

Federal Register, 

publication. 

Notice. 

Effective date. 

16 USC 1132 

note. 


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(1) certain National Forest System land in the Jefferson 

National Forest, comprising approximately 5,192 acres, as generally depicted on the map entitled ‘‘Seng Mountain and Raccoon Branch’’ and dated April 28, 2008, which shall be known 

as the ‘‘Seng Mountain National Scenic Area’’; and 

(2) certain National Forest System land in the Jefferson 

National Forest, comprising approximately 5,128 acres, as generally depicted on the map entitled ‘‘Bear Creek’’ and dated 

April 28, 2008, which shall be known as the ‘‘Bear Creek 

National Scenic Area’’. 

(b) PURPOSES.—The purposes of the scenic areas are— 

(1) to ensure the protection and preservation of scenic 

quality, water quality, natural characteristics, and water 

resources of the scenic areas; 

(2) consistent with paragraph (1), to protect wildlife and 

fish habitat in the scenic areas; 

(3) to protect areas in the scenic areas that may develop 

characteristics of old-growth forests; and 

(4) consistent with paragraphs (1), (2), and (3), to provide 

a variety of recreation opportunities in the scenic areas. 

(c) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary shall administer the scenic 

areas in accordance with— 

(A) this subtitle; and 

(B) the laws (including regulations) generally 

applicable to the National Forest System. 

(2) AUTHORIZED USES.—The Secretary shall only allow uses 

of the scenic areas that the Secretary determines will further 

the purposes of the scenic areas, as described in subsection 

(b). 

(d) MANAGEMENT PLAN.— 

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

of enactment of this Act, the Secretary shall develop as an 

amendment to the land and resource management plan for 

the Jefferson National Forest a management plan for the scenic 

areas. 

(2) EFFECT.—Nothing in this subsection requires the Secretary to revise the land and resource management plan for 

the Jefferson National Forest under section 6 of the Forest 

and Rangeland Renewable Resources Planning Act of 1974 

(16 U.S.C. 1604). 

(e) ROADS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), after 

the date of enactment of this Act, no roads shall be established 

or constructed within the scenic areas. 

(2) LIMITATION.—Nothing in this subsection denies any 

owner of private land (or an interest in private land) that 

is located in a scenic area the right to access the private 

land. 

(f) TIMBER HARVEST.— 

(1) IN GENERAL.—Except as provided in paragraphs (2) 

and (3), no harvesting of timber shall be allowed within the 

scenic areas. 

(2) EXCEPTIONS.—The Secretary may authorize harvesting 

of timber in the scenic areas if the Secretary determines that 

the harvesting is necessary to— 

(A) control fire; 

Deadline. 


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(B) provide for public safety or trail access; or 

(C) control insect and disease outbreaks. 

(3) FIREWOOD FOR PERSONAL USE.—Firewood may be harvested for personal use along perimeter roads in the scenic 

areas, subject to any conditions that the Secretary may impose. 

(g) INSECT AND DISEASE OUTBREAKS.—The Secretary may control insect and disease outbreaks— 

(1) to maintain scenic quality; 

(2) to prevent tree mortality; 

(3) to reduce hazards to visitors; or 

(4) to protect private land. 

(h) VEGETATION MANAGEMENT.—The Secretary may engage in 

vegetation manipulation practices in the scenic areas to maintain 

the visual quality and wildlife clearings in existence on the date 

of enactment of this Act. 

(i) MOTORIZED VEHICLES.— (1) IN GENERAL.—Except as provided in paragraph (2), 

motorized vehicles shall not be allowed within the scenic areas. 

(2) EXCEPTIONS.—The Secretary may authorize the use of 

motorized vehicles— 

(A) to carry out administrative activities that further 

the purposes of the scenic areas, as described in subsection 

(b); 

(B) to assist wildlife management projects in existence 

on the date of enactment of this Act; and 

(C) during deer and bear hunting seasons— 

(i) on Forest Development Roads 49410 and 84b; 

and 

(ii) on the portion of Forest Development Road 

6261 designated on the map described in subsection 

(a)(2) as ‘‘open seasonally’’. 

(j) WILDFIRE SUPPRESSION.—Wildfire suppression within the 

scenic areas shall be conducted— 

(1) in a manner consistent with the purposes of the scenic 

areas, as described in subsection (b); and 

(2) using such means as the Secretary determines to be 

appropriate. 

(k) WATER.—The Secretary shall administer the scenic areas 

in a manner that maintains and enhances water quality. 

(l) WITHDRAWAL.—Subject to valid existing rights, all Federal 

land in the scenic areas is withdrawn from— 

(1) location, entry, and patent under the mining laws; 

and 

(2) operation of the mineral leasing and geothermal leasing 

laws. 

SEC. 1105. TRAIL PLAN AND DEVELOPMENT. 

(a) TRAIL PLAN.—The Secretary, in consultation with interested 

parties, shall establish a trail plan to develop— 

(1) in a manner consistent with the Wilderness Act (16 

U.S.C. 1131 et seq.), hiking and equestrian trails in the wilderness areas designated by paragraphs (9) through (20) of section 

1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added 

by section 1102(a)(5)); and 

(2) nonmotorized recreation trails in the scenic areas. 

(b) IMPLEMENTATION REPORT.—Not later than 2 years after 

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


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Congress a report that describes the implementation of the trail 

plan, including the identification of priority trails for development. 

(c) SUSTAINABLE TRAIL REQUIRED.—The Secretary shall develop 

a sustainable trail, using a contour curvilinear alignment, to provide 

for nonmotorized travel along the southern boundary of the Raccoon 

Branch Wilderness established by section 1(11) of Public Law 100– 

326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5)) connecting to Forest Development Road 49352 in Smyth County, Virginia. 

SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS. 

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on 

Energy and Natural Resources of the Senate and the Committee 

on Natural Resources and the Committee on Agriculture of the 

House of Representatives maps and boundary descriptions of— 

(1) the scenic areas; 

(2) the wilderness areas designated by paragraphs (9) 

through (20) of section 1 of Public Law 100–326 (16 U.S.C. 

1132 note) (as added by section 1102(a)(5)); 

(3) the wilderness study area designated by section 6(a)(5) 

of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; 

Public Law 98–586) (as added by section 1102(b)(2)(D)); and 

(4) the potential wilderness area designated by section 

1103(a). 

(b) FORCE AND EFFECT.—The maps and boundary descriptions 

filed under subsection (a) shall have the same force and effect 

as if included in this subtitle, except that the Secretary may correct 

any minor errors in the maps and boundary descriptions. 

(c) AVAILABILITY OF MAP AND BOUNDARY DESCRIPTION.—The 

maps and boundary descriptions filed under subsection (a) shall 

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

Chief of the Forest Service. 

(d) CONFLICT.—In the case of a conflict between a map filed 

under subsection (a) and the acreage of the applicable areas specified in this subtitle, the map shall control. 

SEC. 1107. EFFECTIVE DATE. 

Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) 

to the effective date of that Act shall be considered to be a reference 

to the date of enactment of this Act for purposes of administering— 

(1) the wilderness areas designated by paragraphs (9) 

through (20) of section 1 of Public Law 100–326 (16 U.S.C. 

1132 note) (as added by section 1102(a)(5)); and 

(2) the potential wilderness area designated by section 

1103(a). 

Subtitle C—Mt. Hood Wilderness, Oregon 

SEC. 1201. DEFINITIONS. 

In this subtitle: 

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

of Agriculture. 

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

16 USC 460uuu 

note. 

16 USC 546b–1. 


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SEC. 1202. DESIGNATION OF WILDERNESS AREAS. 

(a) DESIGNATION OF LEWIS AND CLARK MOUNT HOOD WILDER- NESS AREAS.—In accordance with the Wilderness Act (16 U.S.C. 

1131 et seq.), the following areas in the State of Oregon are designated as wilderness areas and as components of the National 

Wilderness Preservation System: 

(1) BADGER CREEK WILDERNESS ADDITIONS.—Certain Federal land managed by the Forest Service, comprising approximately 4,140 acres, as generally depicted on the maps entitled 

‘‘Badger Creek Wilderness—Badger Creek Additions’’ and 

‘‘Badger Creek Wilderness—Bonney Butte’’, dated July 16, 

2007, which is incorporated in, and considered to be a part 

of, the Badger Creek Wilderness, as designated by section 3(3) 

of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 

98 Stat. 273). 

(2) BULL OF THE WOODS WILDERNESS ADDITION.—Certain 

Federal land managed by the Forest Service, comprising 

approximately 10,180 acres, as generally depicted on the map 

entitled ‘‘Bull of the Woods Wilderness—Bull of the Woods 

Additions’’, dated July 16, 2007, which is incorporated in, and 

considered to be a part of, the Bull of the Woods Wilderness, 

as designated by section 3(4) of the Oregon Wilderness Act 

of 1984 (16 U.S.C. 1132 note; 98 Stat. 273). 

(3) CLACKAMAS WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 9,470 

acres, as generally depicted on the maps entitled ‘‘Clackamas 

Wilderness—Big Bottom’’, ‘‘Clackamas Wilderness—Clackamas 

Canyon’’, ‘‘Clackamas Wilderness—Memaloose Lake’’, 

‘‘Clackamas Wilderness—Sisi Butte’’, and ‘‘Clackamas Wilderness—South Fork Clackamas’’, dated July 16, 2007, which shall 

be known as the ‘‘Clackamas Wilderness’’. 

(4) MARK O. HATFIELD WILDERNESS ADDITIONS.—Certain 

Federal land managed by the Forest Service, comprising 

approximately 25,960 acres, as generally depicted on the maps 

entitled ‘‘Mark O. Hatfield Wilderness—Gorge Face’’ and ‘‘Mark 

O. Hatfield Wilderness—Larch Mountain’’, dated July 16, 2007, 

which is incorporated in, and considered to be a part of, the 

Mark O. Hatfield Wilderness, as designated by section 3(1) 

of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 

98 Stat. 273). 

(5) MOUNT HOOD WILDERNESS ADDITIONS.—Certain Federal 

land managed by the Forest Service, comprising approximately 

18,450 acres, as generally depicted on the maps entitled ‘‘Mount 

Hood Wilderness—Barlow Butte’’, ‘‘Mount Hood Wilderness— 

Elk Cove/Mazama’’, ‘‘Richard L. Kohnstamm Memorial Area’’, 

‘‘Mount Hood Wilderness—Sand Canyon’’, ‘‘Mount Hood Wilderness—Sandy Additions’’, ‘‘Mount Hood Wilderness—Twin 

Lakes’’, and ‘‘Mount Hood Wilderness—White River’’, dated July 

16, 2007, and the map entitled ‘‘Mount Hood Wilderness— 

Cloud Cap’’, dated July 20, 2007, which is incorporated in, 

and considered to be a part of, the Mount Hood Wilderness, 

as designated under section 3(a) of the Wilderness Act (16 

U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered 

American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 

Stat. 43). 

(6) ROARING RIVER WILDERNESS.—Certain Federal land 

managed by the Forest Service, comprising approximately 

16 USC 1132 

note. 


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36,550 acres, as generally depicted on the map entitled ‘‘Roaring 

River Wilderness—Roaring River Wilderness’’, dated July 16, 

2007, which shall be known as the ‘‘Roaring River Wilderness’’. 

(7) SALMON-HUCKLEBERRY WILDERNESS ADDITIONS.—Certain Federal land managed by the Forest Service, comprising 

approximately 16,620 acres, as generally depicted on the maps 

entitled ‘‘Salmon-Huckleberry Wilderness—Alder Creek Addition’’, ‘‘Salmon-Huckleberry Wilderness—Eagle Creek Addition’’, ‘‘Salmon-Huckleberry Wilderness—Hunchback Mountain’’, ‘‘Salmon-Huckleberry Wilderness—Inch Creek’’, ‘‘SalmonHuckleberry Wilderness—Mirror Lake’’, and ‘‘SalmonHuckleberry Wilderness—Salmon River Meadows’’, dated July 

16, 2007, which is incorporated in, and considered to be a 

part of, the Salmon-Huckleberry Wilderness, as designated by 

section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 

1132 note; 98 Stat. 273). 

(8) LOWER WHITE RIVER WILDERNESS.—Certain Federal land 

managed by the Forest Service and Bureau of Land Management, comprising approximately 2,870 acres, as generally 

depicted on the map entitled ‘‘Lower White River Wilderness— 

Lower White River’’, dated July 16, 2007, which shall be known 

as the ‘‘Lower White River Wilderness’’. 

(b) RICHARD L. KOHNSTAMM MEMORIAL AREA.—Certain Federal 

land managed by the Forest Service, as generally depicted on the 

map entitled ‘‘Richard L. Kohnstamm Memorial Area’’, dated July 

16, 2007, is designated as the ‘‘Richard L. Kohnstamm Memorial 

Area’’. 

(c) POTENTIAL WILDERNESS AREA; ADDITIONS TO WILDERNESS

AREAS.— 

(1) ROARING RIVER POTENTIAL WILDERNESS AREA.— 

(A) IN GENERAL.—In furtherance of the purposes of 

the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal 

land managed by the Forest Service, comprising approximately 900 acres identified as ‘‘Potential Wilderness’’ on 

the map entitled ‘‘Roaring River Wilderness’’, dated July 

16, 2007, is designated as a potential wilderness area. 

(B) MANAGEMENT.—The potential wilderness area designated by subparagraph (A) shall be managed in accordance with section 4 of the Wilderness Act (16 U.S.C. 1133). 

(C) DESIGNATION AS WILDERNESS.—On the date on 

which the Secretary publishes in the Federal Register 

notice that the conditions in the potential wilderness area 

designated by subparagraph (A) are compatible with the 

Wilderness Act (16 U.S.C. 1131 et seq.), the potential 

wilderness shall be— 

(i) designated as wilderness and as a component 

of the National Wilderness Preservation System; and 

(ii) incorporated into the Roaring River Wilderness 

designated by subsection (a)(6). 

(2) ADDITION TO THE MOUNT HOOD WILDERNESS.—On 

completion of the land exchange under section 1206(a)(2), certain Federal land managed by the Forest Service, comprising 

approximately 1,710 acres, as generally depicted on the map 

entitled ‘‘Mount Hood Wilderness—Tilly Jane’’, dated July 20, 

2007, shall be incorporated in, and considered to be a part 

of, the Mount Hood Wilderness, as designated under section 

3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and enlarged 

Effective date. 

Federal Register, 

publication. 

Notice. 

16 USC 1132 

note. 

16 USC 431 note. 


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by section 3(d) of the Endangered American Wilderness Act 

of 1978 (16 U.S.C. 1132 note; 92 Stat. 43) and subsection 

(a)(5). 

(3) ADDITION TO THE SALMON-HUCKLEBERRY WILDERNESS.— 

On acquisition by the United States, the approximately 160 

acres of land identified as ‘‘Land to be acquired by USFS’’ 

on the map entitled ‘‘Hunchback Mountain Land Exchange, 

Clackamas County’’, dated June 2006, shall be incorporated 

in, and considered to be a part of, the Salmon-Huckleberry 

Wilderness, as designated by section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273) and 

enlarged by subsection (a)(7). 

(d) MAPS AND LEGAL DESCRIPTIONS.— 

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

of enactment of this Act, the Secretary shall file a map and 

a legal description of each wilderness area and potential wilderness area designated by this section, with— 

(A) the Committee on Energy and Natural Resources 

of the Senate; and 

(B) the Committee on Natural Resources of the House 

of Representatives. 

(2) FORCE OF LAW.—The maps and legal descriptions filed 

under paragraph (1) shall have the same force and effect as 

if included in this subtitle, except that the Secretary may 

correct typographical errors in the maps and legal descriptions. 

(3) PUBLIC AVAILABILITY.—Each map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the appropriate offices of the Forest Service 

and Bureau of Land Management. 

(4) DESCRIPTION OF LAND.—The boundaries of the areas 

designated as wilderness by subsection (a) that are immediately 

adjacent to a utility right-of-way or a Federal Energy Regulatory Commission project boundary shall be 100 feet from 

the boundary of the right-of-way or the project boundary. 

(e) ADMINISTRATION.— 

(1) IN GENERAL.—Subject to valid existing rights, each area 

designated as wilderness by this section shall be administered 

by the Secretary that has jurisdiction over the land within 

the wilderness, in accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), except that— 

(A) any reference in that Act to the effective date 

shall be considered to be a reference to the date of enactment of this Act; and 

(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the wilderness. 

(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 

Any land within the boundary of a wilderness area designated 

by this section that is acquired by the United States shall— 

(A) become part of the wilderness area in which the 

land is located; and 

(B) be managed in accordance with this section, the 

Wilderness Act (16 U.S.C. 1131 et seq.), and any other 

applicable law. 

(f) BUFFER ZONES.— 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1011 

(1) IN GENERAL.—As provided in the Oregon Wilderness 

Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328), Congress 

does not intend for designation of wilderness areas in the 

State under this section to lead to the creation of protective 

perimeters or buffer zones around each wilderness area. 

(2) ACTIVITIES OR USES UP TO BOUNDARIES.—The fact that 

nonwilderness activities or uses can be seen or heard from 

within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area. 

(g) FISH AND WILDLIFE.—Nothing in this section affects the 

jurisdiction or responsibilities of the State with respect to fish 

and wildlife. 

(h) FIRE, INSECTS, AND DISEASES.—As provided in section 4(d)(1) 

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

areas designated by this section, the Secretary that has jurisdiction 

over the land within the wilderness (referred to in this subsection 

as the ‘‘Secretary’’) may take such measures as are necessary to 

control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be desirable and appropriate. 

(i) WITHDRAWAL.—Subject to valid rights in existence on the 

date of enactment of this Act, the Federal land designated as 

wilderness by this section is withdrawn from all forms of— 

(1) entry, appropriation, or disposal under the public land 

laws; 

(2) location, entry, and patent under the mining laws; 

and 

(3) disposition under all laws pertaining to mineral and 

geothermal leasing or mineral materials. 

SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER 

PROTECTION IN THE MOUNT HOOD AREA. 

(a) WILD AND SCENIC RIVER DESIGNATIONS, MOUNT HOOD

NATIONAL FOREST.— 

(1) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) is amended by adding at the end the 

following: 

‘‘(171) SOUTH FORK CLACKAMAS RIVER, OREGON.—The 4.2- 

mile segment of the South Fork Clackamas River from its 

confluence with the East Fork of the South Fork Clackamas 

to its confluence with the Clackamas River, to be administered 

by the Secretary of Agriculture as a wild river. 

‘‘(172) EAGLE CREEK, OREGON.—The 8.3-mile segment of 

Eagle Creek from its headwaters to the Mount Hood National 

Forest boundary, to be administered by the Secretary of Agriculture as a wild river. 

‘‘(173) MIDDLE FORK HOOD RIVER.—The 3.7-mile segment 

of the Middle Fork Hood River from the confluence of Clear 

and Coe Branches to the north section line of section 11, township 1 south, range 9 east, to be administered by the Secretary 

of Agriculture as a scenic river. 

‘‘(174) SOUTH FORK ROARING RIVER, OREGON.—The 4.6-mile 

segment of the South Fork Roaring River from its headwaters 

to its confluence with Roaring River, to be administered by 

the Secretary of Agriculture as a wild river. 

‘‘(175) ZIG ZAG RIVER, OREGON.—The 4.3-mile segment of 

the Zig Zag River from its headwaters to the Mount Hood 


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123 STAT. 1012 PUBLIC LAW 111–11—MAR. 30, 2009 

Wilderness boundary, to be administered by the Secretary of 

Agriculture as a wild river. 

‘‘(176) FIFTEENMILE CREEK, OREGON.— 

‘‘(A) IN GENERAL.—The 11.1-mile segment of 

Fifteenmile Creek from its source at Senecal Spring to 

the southern edge of the northwest quarter of the northwest 

quarter of section 20, township 2 south, range 12 east, 

to be administered by the Secretary of Agriculture in the 

following classes: 

‘‘(i) The 2.6-mile segment from its source at Senecal 

Spring to the Badger Creek Wilderness boundary, as 

a wild river. 

‘‘(ii) The 0.4-mile segment from the Badger Creek 

Wilderness boundary to the point 0.4 miles downstream, as a scenic river. 

‘‘(iii) The 7.9-mile segment from the point 0.4 miles 

downstream of the Badger Creek Wilderness boundary 

to the western edge of section 20, township 2 south, 

range 12 east as a wild river. 

‘‘(iv) The 0.2-mile segment from the western edge 

of section 20, township 2 south, range 12 east, to 

the southern edge of the northwest quarter of the 

northwest quarter of section 20, township 2 south, 

range 12 east as a scenic river. 

‘‘(B) INCLUSIONS.—Notwithstanding section 3(b), the 

lateral boundaries of both the wild river area and the 

scenic river area along Fifteenmile Creek shall include 

an average of not more than 640 acres per mile measured 

from the ordinary high water mark on both sides of the 

river. 

‘‘(177) EAST FORK HOOD RIVER, OREGON.—The 13.5-mile 

segment of the East Fork Hood River from Oregon State Highway 35 to the Mount Hood National Forest boundary, to be 

administered by the Secretary of Agriculture as a recreational 

river. 

‘‘(178) COLLAWASH RIVER, OREGON.—The 17.8-mile segment 

of the Collawash River from the headwaters of the East Fork 

Collawash to the confluence of the mainstream of the Collawash 

River with the Clackamas River, to be administered by the 

Secretary of Agriculture in the following classes: 

‘‘(A) The 11.0-mile segment from the headwaters of 

the East Fork Collawash River to Buckeye Creek, as a 

scenic river. 

‘‘(B) The 6.8-mile segment from Buckeye Creek to the 

Clackamas River, as a recreational river. 

‘‘(179) FISH CREEK, OREGON.—The 13.5-mile segment of 

Fish Creek from its headwaters to the confluence with the 

Clackamas River, to be administered by the Secretary of Agriculture as a recreational river.’’. 

(2) EFFECT.—The amendments made by paragraph (1) do 

not affect valid existing water rights. 

(b) PROTECTION FOR HOOD RIVER, OREGON.—Section 13(a)(4) 

of the ‘‘Columbia River Gorge National Scenic Area Act’’ (16 U.S.C. 

544k(a)(4)) is amended by striking ‘‘for a period not to exceed 

twenty years from the date of enactment of this Act,’’. 

16 USC 1274 

note. 


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SEC. 1204. MOUNT HOOD NATIONAL RECREATION AREA. 

(a) DESIGNATION.—To provide for the protection, preservation, 

and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values, there is established the Mount 

Hood National Recreation Area within the Mount Hood National 

Forest. 

(b) BOUNDARY.—The Mount Hood National Recreation Area 

shall consist of certain Federal land managed by the Forest Service 

and Bureau of Land Management, comprising approximately 34,550 

acres, as generally depicted on the maps entitled ‘‘National Recreation Areas—Mount Hood NRA’’, ‘‘National Recreation Areas— 

Fifteenmile Creek NRA’’, and ‘‘National Recreation Areas— 

Shellrock Mountain’’, dated February 2007. 

(c) MAP AND LEGAL DESCRIPTION.— 

(1) SUBMISSION OF LEGAL DESCRIPTION.—As soon as practicable after the date of enactment of this Act, the Secretary 

shall file a map and a legal description of the Mount Hood 

National Recreation Area with— 

(A) the Committee on Energy and Natural Resources 

of the Senate; and 

(B) the Committee on Natural Resources of the House 

of Representatives. 

(2) FORCE OF LAW.—The map and legal description filed 

under paragraph (1) shall have the same force and effect as 

if included in this subtitle, except that the Secretary may 

correct typographical errors in the map and the legal description. 

(3) PUBLIC AVAILABILITY.—The map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the appropriate offices of the Forest Service. 

(d) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary shall— 

(A) administer the Mount Hood National Recreation 

Area— 

(i) in accordance with the laws (including regulations) and rules applicable to the National Forest 

System; and 

(ii) consistent with the purposes described in subsection (a); and 

(B) only allow uses of the Mount Hood National Recreation Area that are consistent with the purposes described 

in subsection (a). 

(2) APPLICABLE LAW.—Any portion of a wilderness area 

designated by section 1202 that is located within the Mount 

Hood National Recreation Area shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). 

(e) TIMBER.—The cutting, sale, or removal of timber within 

the Mount Hood National Recreation Area may be permitted— 

(1) to the extent necessary to improve the health of the 

forest in a manner that— 

(A) maximizes the retention of large trees— 

(i) as appropriate to the forest type; and 

(ii) to the extent that the trees promote stands 

that are fire-resilient and healthy; 

(B) improves the habitats of threatened, endangered, 

or sensitive species; or 

16 USC 460uuu. 


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(C) maintains or restores the composition and structure 

of the ecosystem by reducing the risk of uncharacteristic 

wildfire; 

(2) to accomplish an approved management activity in furtherance of the purposes established by this section, if the 

cutting, sale, or removal of timber is incidental to the management activity; or 

(3) for de minimus personal or administrative use within 

the Mount Hood National Recreation Area, where such use 

will not impair the purposes established by this section. 

(f) ROAD CONSTRUCTION.—No new or temporary roads shall 

be constructed or reconstructed within the Mount Hood National 

Recreation Area except as necessary— 

(1) to protect the health and safety of individuals in cases 

of an imminent threat of flood, fire, or any other catastrophic 

event that, without intervention, would cause the loss of life 

or property; 

(2) to conduct environmental cleanup required by the 

United States; 

(3) to allow for the exercise of reserved or outstanding 

rights provided for by a statute or treaty; 

(4) to prevent irreparable resource damage by an existing 

road; or 

(5) to rectify a hazardous road condition. 

(g) WITHDRAWAL.—Subject to valid existing rights, all Federal 

land within the Mount Hood National Recreation Area is withdrawn 

from— 

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

the public land laws; 

(2) location, entry, and patent under the mining laws; 

and 

(3) disposition under all laws relating to mineral and geothermal leasing. 

(h) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

(1) IN GENERAL.—Administrative jurisdiction over the Federal land described in paragraph (2) is transferred from the 

Bureau of Land Management to the Forest Service. 

(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) is the approximately 130 acres of land administered 

by the Bureau of Land Management that is within or adjacent 

to the Mount Hood National Recreation Area and that is identified as ‘‘BLM Lands’’ on the map entitled ‘‘National Recreation 

Areas—Shellrock Mountain’’, dated February 2007. 

SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM, 

AND CULTUS CREEK. 

(a) CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES MANAGEMENT UNIT.— 

(1) ESTABLISHMENT.— 

(A) IN GENERAL.—On completion of the land exchange 

under section 1206(a)(2), there shall be established a special resources management unit in the State consisting 

of certain Federal land managed by the Forest Service, 

as generally depicted on the map entitled ‘‘Crystal Springs 

Watershed Special Resources Management Unit’’, dated 

June 2006 (referred to in this subsection as the ‘‘map’’), 

to be known as the ‘‘Crystal Springs Watershed Special 

16 USC 539n. 


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Resources Management Unit’’ (referred to in this subsection 

as the ‘‘Management Unit’’). 

(B) EXCLUSION OF CERTAIN LAND.—The Management 

Unit does not include any National Forest System land 

otherwise covered by subparagraph (A) that is designated 

as wilderness by section 1202. 

(C) WITHDRAWAL.— 

(i) IN GENERAL.—Subject to valid rights in existence on the date of enactment of this Act, the Federal 

land designated as the Management Unit is withdrawn 

from all forms of— 

(I) entry, appropriation, or disposal under the 

public land laws; 

(II) location, entry, and patent under the 

mining laws; and 

(III) disposition under all laws pertaining to 

mineral and geothermal leasing or mineral materials. 

(ii) EXCEPTION.—Clause (i)(I) does not apply to 

the parcel of land generally depicted as ‘‘HES 151’’ 

on the map. 

(2) PURPOSES.—The purposes of the Management Unit 

are— 

(A) to ensure the protection of the quality and quantity 

of the Crystal Springs watershed as a clean drinking water 

source for the residents of Hood River County, Oregon; 

and 

(B) to allow visitors to enjoy the special scenic, natural, 

cultural, and wildlife values of the Crystal Springs watershed. 

(3) MAP AND LEGAL DESCRIPTION.— 

(A) SUBMISSION OF LEGAL DESCRIPTION.—As soon as 

practicable after the date of enactment of this Act, the 

Secretary shall file a map and a legal description of the 

Management Unit with— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of the 

House of Representatives. 

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

filed under subparagraph (A) shall have the same force 

and effect as if included in this subtitle, except that the 

Secretary may correct typographical errors in the map 

and legal description. 

(C) PUBLIC AVAILABILITY.—The map and legal description filed under subparagraph (A) shall be on file and 

available for public inspection in the appropriate offices 

of the Forest Service. 

(4) ADMINISTRATION.— 

(A) IN GENERAL.—The Secretary shall— 

(i) administer the Management Unit— 

(I) in accordance with the laws (including regulations) and rules applicable to units of the 

National Forest System; and 

(II) consistent with the purposes described in 

paragraph (2); and 


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(ii) only allow uses of the Management Unit that 

are consistent with the purposes described in paragraph (2). 

(B) FUEL REDUCTION IN PROXIMITY TO IMPROVEMENTS

AND PRIMARY PUBLIC ROADS.—To protect the water quality, 

water quantity, and scenic, cultural, natural, and wildlife 

values of the Management Unit, the Secretary may conduct 

fuel reduction and forest health management treatments 

to maintain and restore fire-resilient forest structures containing late successional forest structure characterized by 

large trees and multistoried canopies, as ecologically appropriate, on National Forest System land in the Management 

Unit— 

(i) in any area located not more than 400 feet 

from structures located on— 

(I) National Forest System land; or 

(II) private land adjacent to National Forest 

System land; 

(ii) in any area located not more than 400 feet 

from the Cooper Spur Road, the Cloud Cap Road, or 

the Cooper Spur Ski Area Loop Road; and 

(iii) on any other National Forest System land 

in the Management Unit, with priority given to activities that restore previously harvested stands, including 

the removal of logging slash, smaller diameter material, and ladder fuels. 

(5) PROHIBITED ACTIVITIES.—Subject to valid existing 

rights, the following activities shall be prohibited on National 

Forest System land in the Management Unit: 

(A) New road construction or renovation of existing 

non-System roads, except as necessary to protect public 

health and safety. 

(B) Projects undertaken for the purpose of harvesting 

commercial timber (other than activities relating to the 

harvest of merchantable products that are byproducts of 

activities conducted to further the purposes described in 

paragraph (2)). 

(C) Commercial livestock grazing. 

(D) The placement of new fuel storage tanks. 

(E) Except to the extent necessary to further the purposes described in paragraph (2), the application of any 

toxic chemicals (other than fire retardants), including pesticides, rodenticides, or herbicides. 

(6) FOREST ROAD CLOSURES.— 

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

(B), the Secretary may provide for the closure or gating 

to the general public of any Forest Service road within 

the Management Unit. 

(B) EXCEPTION.—Nothing in this subsection requires 

the Secretary to close the road commonly known as ‘‘Cloud 

Cap Road’’, which shall be administered in accordance with 

otherwise applicable law. 

(7) PRIVATE LAND.— 

(A) EFFECT.—Nothing in this subsection affects the 

use of, or access to, any private property within the area 

identified on the map as the ‘‘Crystal Springs Zone of 

Contribution’’ by— 


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(i) the owners of the private property; and 

(ii) guests to the private property. 

(B) COOPERATION.—The Secretary is encouraged to 

work with private landowners who have agreed to cooperate 

with the Secretary to further the purposes of this subsection. 

(8) ACQUISITION OF LAND.— 

(A) IN GENERAL.—The Secretary may acquire from 

willing landowners any land located within the area identified on the map as the ‘‘Crystal Springs Zone of Contribution’’. 

(B) INCLUSION IN MANAGEMENT UNIT.—On the date 

of acquisition, any land acquired under subparagraph (A) 

shall be incorporated in, and be managed as part of, the 

Management Unit. 

(b) PROTECTIONS FOR UPPER BIG BOTTOM AND CULTUS CREEK.— 

(1) IN GENERAL.—The Secretary shall manage the Federal 

land administered by the Forest Service described in paragraph 

(2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use. 

(2) DESCRIPTION OF LAND.—The Federal land referred to 

in paragraph (1) is— 

(A) the approximately 1,580 acres, as generally 

depicted on the map entitled ‘‘Upper Big Bottom’’, dated 

July 16, 2007; and 

(B) the approximately 280 acres identified as ‘‘Cultus 

Creek’’ on the map entitled ‘‘Clackamas Wilderness—South 

Fork Clackamas’’, dated July 16, 2007. 

(3) MAPS AND LEGAL DESCRIPTIONS.— 

(A) IN GENERAL.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall file maps 

and legal descriptions of the Federal land described in 

paragraph (2) with— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of the 

House of Representatives. 

(B) FORCE OF LAW.—The maps and legal descriptions 

filed under subparagraph (A) shall have the same force 

and effect as if included in this subtitle, except that the 

Secretary may correct typographical errors in the maps 

and legal descriptions. 

(C) PUBLIC AVAILABILITY.—Each map and legal description filed under subparagraph (A) shall be on file and 

available for public inspection in the appropriate offices 

of the Forest Service. 

(4) USE OF LAND.— 

(A) IN GENERAL.—Subject to valid existing rights, with 

respect to the Federal land described in paragraph (2), 

the Secretary shall only allow uses that are consistent 

with the purposes identified in paragraph (1). 

(B) PROHIBITED USES.—The following shall be prohibited on the Federal land described in paragraph (2): 

(i) Permanent roads. 

(ii) Commercial enterprises. 


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(iii) Except as necessary to meet the minimum 

requirements for the administration of the Federal land 

and to protect public health and safety— 

(I) the use of motor vehicles; or 

(II) the establishment of temporary roads. 

(5) WITHDRAWAL.—Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from— 

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

the public land laws; 

(B) location, entry, and patent under the mining laws; 

and 

(C) disposition under all laws relating to mineral and 

geothermal leasing. 

SEC. 1206. LAND EXCHANGES. 

(a) COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE.— 

(1) DEFINITIONS.—In this subsection: 

(A) COUNTY.—The term ‘‘County’’ means Hood River 

County, Oregon. 

(B) EXCHANGE MAP.—The term ‘‘exchange map’’ means 

the map entitled ‘‘Cooper Spur/Government Camp Land 

Exchange’’, dated June 2006. 

(C) FEDERAL LAND.—The term ‘‘Federal land’’ means 

the approximately 120 acres of National Forest System 

land in the Mount Hood National Forest in Government 

Camp, Clackamas County, Oregon, identified as ‘‘USFS 

Land to be Conveyed’’ on the exchange map. 

(D) MT. HOOD MEADOWS.—The term ‘‘Mt. Hood 

Meadows’’ means the Mt. Hood Meadows Oregon, Limited 

Partnership. 

(E) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means— 

(i) the parcel of approximately 770 acres of private 

land at Cooper Spur identified as ‘‘Land to be acquired 

by USFS’’ on the exchange map; and 

(ii) any buildings, furniture, fixtures, and equipment at the Inn at Cooper Spur and the Cooper Spur 

Ski Area covered by an appraisal described in paragraph (2)(D). 

(2) COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE.— 

(A) CONVEYANCE OF LAND.—Subject to the provisions 

of this subsection, if Mt. Hood Meadows offers to convey 

to the United States all right, title, and interest of Mt. 

Hood Meadows in and to the non-Federal land, the Secretary shall convey to Mt. Hood Meadows all right, title, 

and interest of the United States in and to the Federal 

land (other than any easements reserved under subparagraph (G)), subject to valid existing rights. 

(B) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this subsection, the Secretary shall carry 

out the land exchange under this subsection in accordance 

with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). 

(C) CONDITIONS ON ACCEPTANCE.— 

(i) TITLE.—As a condition of the land exchange 

under this subsection, title to the non-Federal land 


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to be acquired by the Secretary under this subsection 

shall be acceptable to the Secretary. 

(ii) TERMS AND CONDITIONS.—The conveyance of 

the Federal land and non-Federal land shall be subject 

to such terms and conditions as the Secretary may 

require. 

(D) APPRAISALS.— (i) IN GENERAL.—As soon as practicable after the 

date of enactment of this Act, the Secretary and Mt. 

Hood Meadows shall select an appraiser to conduct 

an appraisal of the Federal land and non-Federal land. 

(ii) REQUIREMENTS.—An appraisal under clause (i) 

shall be conducted in accordance with nationally recognized appraisal standards, including— 

(I) the Uniform Appraisal Standards for Federal Land Acquisitions; and 

(II) the Uniform Standards of Professional 

Appraisal Practice. 

(E) SURVEYS.— 

(i) IN GENERAL.—The exact acreage and legal 

description of the Federal land and non-Federal land 

shall be determined by surveys approved by the Secretary. 

(ii) COSTS.—The responsibility for the costs of any 

surveys conducted under clause (i), and any other 

administrative costs of carrying out the land exchange, 

shall be determined by the Secretary and Mt. Hood 

Meadows. 

(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE.— 

It is the intent of Congress that the land exchange under 

this subsection shall be completed not later than 16 months 

after the date of enactment of this Act. 

(G) RESERVATION OF EASEMENTS.—As a condition of 

the conveyance of the Federal land, the Secretary shall 

reserve— 

(i) a conservation easement to the Federal land 

to protect existing wetland, as identified by the Oregon 

Department of State Lands, that allows equivalent wetland mitigation measures to compensate for minor wetland encroachments necessary for the orderly development of the Federal land; and 

(ii) a trail easement to the Federal land that 

allows— 

(I) nonmotorized use by the public of existing 

trails; 

(II) roads, utilities, and infrastructure facilities 

to cross the trails; and 

(III) improvement or relocation of the trails 

to accommodate development of the Federal land. 

(b) PORT OF CASCADE LOCKS LAND EXCHANGE.— 

(1) DEFINITIONS.—In this subsection: 

(A) EXCHANGE MAP.—The term ‘‘exchange map’’ means 

the map entitled ‘‘Port of Cascade Locks/Pacific Crest 

National Scenic Trail Land Exchange’’, dated June 2006. 

(B) FEDERAL LAND.—The term ‘‘Federal land’’ means 

the parcel of land consisting of approximately 10 acres 

of National Forest System land in the Columbia River 


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Gorge National Scenic Area identified as ‘‘USFS Land to 

be conveyed’’ on the exchange map. 

(C) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means the parcels of land consisting of approximately 40 

acres identified as ‘‘Land to be acquired by USFS’’ on 

the exchange map. 

(D) PORT.—The term ‘‘Port’’ means the Port of Cascade 

Locks, Cascade Locks, Oregon. 

(2) LAND EXCHANGE, PORT OF CASCADE LOCKS-PACIFIC CREST

NATIONAL SCENIC TRAIL.— (A) CONVEYANCE OF LAND.—Subject to the provisions 

of this subsection, if the Port offers to convey to the United 

States all right, title, and interest of the Port in and 

to the non-Federal land, the Secretary shall, subject to 

valid existing rights, convey to the Port all right, title, 

and interest of the United States in and to the Federal 

land. 

(B) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this subsection, the Secretary shall carry 

out the land exchange under this subsection in accordance 

with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). 

(3) CONDITIONS ON ACCEPTANCE.— 

(A) TITLE.—As a condition of the land exchange under 

this subsection, title to the non-Federal land to be acquired 

by the Secretary under this subsection shall be acceptable 

to the Secretary. 

(B) TERMS AND CONDITIONS.—The conveyance of the 

Federal land and non-Federal land shall be subject to such 

terms and conditions as the Secretary may require. 

(4) APPRAISALS.— 

(A) IN GENERAL.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall select an 

appraiser to conduct an appraisal of the Federal land and 

non-Federal land. 

(B) REQUIREMENTS.—An appraisal under subparagraph 

(A) shall be conducted in accordance with nationally recognized appraisal standards, including— 

(i) the Uniform Appraisal Standards for Federal 

Land Acquisitions; and 

(ii) the Uniform Standards of Professional 

Appraisal Practice. 

(5) SURVEYS.— 

(A) IN GENERAL.—The exact acreage and legal description of the Federal land and non-Federal land shall be 

determined by surveys approved by the Secretary. 

(B) COSTS.—The responsibility for the costs of any 

surveys conducted under subparagraph (A), and any other 

administrative costs of carrying out the land exchange, 

shall be determined by the Secretary and the Port. 

(6) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—It is 

the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after 

the date of enactment of this Act. 

(c) HUNCHBACK MOUNTAIN LAND EXCHANGE AND BOUNDARY

ADJUSTMENT.— (1) DEFINITIONS.—In this subsection: 


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(A) COUNTY.—The term ‘‘County’’ means Clackamas 

County, Oregon. 

(B) EXCHANGE MAP.—The term ‘‘exchange map’’ means 

the map entitled ‘‘Hunchback Mountain Land Exchange, 

Clackamas County’’, dated June 2006. 

(C) FEDERAL LAND.—The term ‘‘Federal land’’ means 

the parcel of land consisting of approximately 160 acres 

of National Forest System land in the Mount Hood National 

Forest identified as ‘‘USFS Land to be Conveyed’’ on the 

exchange map. 

(D) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means the parcel of land consisting of approximately 160 

acres identified as ‘‘Land to be acquired by USFS’’ on 

the exchange map. 

(2) HUNCHBACK MOUNTAIN LAND EXCHANGE.— (A) CONVEYANCE OF LAND.—Subject to the provisions 

of this paragraph, if the County offers to convey to the 

United States all right, title, and interest of the County 

in and to the non-Federal land, the Secretary shall, subject 

to valid existing rights, convey to the County all right, 

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

land. 

(B) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this paragraph, the Secretary shall carry 

out the land exchange under this paragraph in accordance 

with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). 

(C) CONDITIONS ON ACCEPTANCE.— 

(i) TITLE.—As a condition of the land exchange 

under this paragraph, title to the non-Federal land 

to be acquired by the Secretary under this paragraph 

shall be acceptable to the Secretary. 

(ii) TERMS AND CONDITIONS.—The conveyance of 

the Federal land and non-Federal land shall be subject 

to such terms and conditions as the Secretary may 

require. 

(D) APPRAISALS.— 

(i) IN GENERAL.—As soon as practicable after the 

date of enactment of this Act, the Secretary shall select 

an appraiser to conduct an appraisal of the Federal 

land and non-Federal land. 

(ii) REQUIREMENTS.—An appraisal under clause (i) 

shall be conducted in accordance with nationally recognized appraisal standards, including— 

(I) the Uniform Appraisal Standards for Federal Land Acquisitions; and 

(II) the Uniform Standards of Professional 

Appraisal Practice. 

(E) SURVEYS.— 

(i) IN GENERAL.—The exact acreage and legal 

description of the Federal land and non-Federal land 

shall be determined by surveys approved by the Secretary. 

(ii) COSTS.—The responsibility for the costs of any 

surveys conducted under clause (i), and any other 

administrative costs of carrying out the land exchange, 

shall be determined by the Secretary and the County. 


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(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE.— 

It is the intent of Congress that the land exchange under 

this paragraph shall be completed not later than 16 months 

after the date of enactment of this Act. 

(3) BOUNDARY ADJUSTMENT.— 

(A) IN GENERAL.—The boundary of the Mount Hood 

National Forest shall be adjusted to incorporate— 

(i) any land conveyed to the United States under 

paragraph (2); and 

(ii) the land transferred to the Forest Service by 

section 1204(h)(1). 

(B) ADDITIONS TO THE NATIONAL FOREST SYSTEM.—The 

Secretary shall administer the land described in subparagraph (A)— 

(i) in accordance with— 

(I) the Act of March 1, 1911 (commonly known 

as the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and 

(II) any laws (including regulations) applicable 

to the National Forest System; and 

(ii) subject to sections 1202(c)(3) and 1204(d), as 

applicable. 

(C) LAND AND WATER CONSERVATION FUND.—For the 

purposes of section 7 of the Land and Water Conservation 

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

the Mount Hood National Forest modified by this paragraph shall be considered to be the boundaries of the 

Mount Hood National Forest in existence as of January 

1, 1965. 

(d) CONDITIONS ON DEVELOPMENT OF FEDERAL LAND.— 

(1) REQUIREMENTS APPLICABLE TO THE CONVEYANCE OF FEDERAL LAND.— 

(A) IN GENERAL.—As a condition of each of the conveyances of Federal land under this section, the Secretary 

shall include in the deed of conveyance a requirement 

that applicable construction activities and alterations shall 

be conducted in accordance with— 

(i) nationally recognized building and property 

maintenance codes; and 

(ii) nationally recognized codes for development 

in the wildland-urban interface and wildfire hazard 

mitigation. 

(B) APPLICABLE LAW.—To the maximum extent practicable, the codes required under subparagraph (A) shall 

be consistent with the nationally recognized codes adopted 

or referenced by the State or political subdivisions of the 

State. 

(C) ENFORCEMENT.—The requirements under subparagraph (A) may be enforced by the same entities otherwise 

enforcing codes, ordinances, and standards. 

(2) COMPLIANCE WITH CODES ON FEDERAL LAND.—The Secretary shall ensure that applicable construction activities and 

alterations undertaken or permitted by the Secretary on 

National Forest System land in the Mount Hood National 

Forest are conducted in accordance with— 

(A) nationally recognized building and property maintenance codes; and 


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(B) nationally recognized codes for development in the 

wildland-urban interface development and wildfire hazard 

mitigation. 

(3) EFFECT ON ENFORCEMENT BY STATES AND POLITICAL

SUBDIVISIONS.—Nothing in this subsection alters or limits the 

power of the State or a political subdivision of the State to 

implement or enforce any law (including regulations), rule, 

or standard relating to development or fire prevention and 

control. 

SEC. 1207. TRIBAL PROVISIONS; PLANNING AND STUDIES. 

(a) TRANSPORTATION PLAN.— 

(1) IN GENERAL.—The Secretary shall seek to participate 

in the development of an integrated, multimodal transportation 

plan developed by the Oregon Department of Transportation 

for the Mount Hood region to achieve comprehensive solutions 

to transportation challenges in the Mount Hood region— 

(A) to promote appropriate economic development; 

(B) to preserve the landscape of the Mount Hood region; 

and 

(C) to enhance public safety. 

(2) ISSUES TO BE ADDRESSED.—In participating in the 

development of the transportation plan under paragraph (1), 

the Secretary shall seek to address— 

(A) transportation alternatives between and among 

recreation areas and gateway communities that are located 

within the Mount Hood region; 

(B) establishing park-and-ride facilities that shall be 

located at gateway communities; 

(C) establishing intermodal transportation centers to 

link public transportation, parking, and recreation destinations; 

(D) creating a new interchange on Oregon State Highway 26 located adjacent to or within Government Camp; 

(E) designating, maintaining, and improving alternative routes using Forest Service or State roads for— 

(i) providing emergency routes; or 

(ii) improving access to, and travel within, the 

Mount Hood region; 

(F) the feasibility of establishing— 

(i) a gondola connection that— 

(I) connects Timberline Lodge to Government 

Camp; and 

(II) is located in close proximity to the site 

of the historic gondola corridor; and 

(ii) an intermodal transportation center to be 

located in close proximity to Government Camp; 

(G) burying power lines located in, or adjacent to, 

the Mount Hood National Forest along Interstate 84 near 

the City of Cascade Locks, Oregon; and 

(H) creating mechanisms for funding the implementation of the transportation plan under paragraph (1), 

including— 

(i) funds provided by the Federal Government; 

(ii) public-private partnerships; 

(iii) incremental tax financing; and 


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(iv) other financing tools that link transportation 

infrastructure improvements with development. 

(b) MOUNT HOOD NATIONAL FOREST STEWARDSHIP STRATEGY.— 

(1) IN GENERAL.—The Secretary shall prepare a report on, 

and implementation schedule for, the vegetation management 

strategy (including recommendations for biomass utilization) 

for the Mount Hood National Forest being developed by the 

Forest Service. 

(2) SUBMISSION TO CONGRESS.— (A) REPORT.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall submit the 

report to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of the 

House of Representatives. 

(B) IMPLEMENTATION SCHEDULE.—Not later than 1 year 

after the date on which the vegetation management 

strategy referred to in paragraph (1) is completed, the 

Secretary shall submit the implementation schedule to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of the 

House of Representatives. 

(c) LOCAL AND TRIBAL RELATIONSHIPS.— 

(1) MANAGEMENT PLAN.— 

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

Indian tribes with treaty-reserved gathering rights on land 

encompassed by the Mount Hood National Forest and in 

a manner consistent with the memorandum of understanding entered into between the Department of Agriculture, the Bureau of Land Management, the Bureau of 

Indian Affairs, and the Confederated Tribes and Bands 

of the Warm Springs Reservation of Oregon, dated April 

25, 2003, as modified, shall develop and implement a 

management plan that meets the cultural foods obligations 

of the United States under applicable treaties, including 

the Treaty with the Tribes and Bands of Middle Oregon 

of June 25, 1855 (12 Stat. 963). 

(B) EFFECT.—This paragraph shall be considered to 

be consistent with, and is intended to help implement, 

the gathering rights reserved by the treaty described in 

subparagraph (A). 

(2) SAVINGS PROVISIONS REGARDING RELATIONS WITH INDIAN

TRIBES.— 

(A) TREATY RIGHTS.—Nothing in this subtitle alters, 

modifies, enlarges, diminishes, or abrogates the treaty 

rights of any Indian tribe, including the off-reservation 

reserved rights secured by the Treaty with the Tribes and 

Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). 

(B) TRIBAL LAND.—Nothing in this subtitle affects land 

held in trust by the Secretary of the Interior for Indian 

tribes or individual members of Indian tribes or other 

land acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of 

Indian tribes and individual members of Indian tribes. 

(d) RECREATIONAL USES.— 

Deadline. 

Reports. 


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(1) MOUNT HOOD NATIONAL FOREST RECREATIONAL WORKING

GROUP.—The Secretary may establish a working group for the 

purpose of providing advice and recommendations to the Forest 

Service on planning and implementing recreation enhancements in the Mount Hood National Forest. 

(2) CONSIDERATION OF CONVERSION OF FOREST ROADS TO

RECREATIONAL USES.—In considering a Forest Service road in 

the Mount Hood National Forest for possible closure and 

decommissioning after the date of enactment of this Act, the 

Secretary, in accordance with applicable law, shall consider, 

as an alternative to decommissioning the road, converting the 

road to recreational uses to enhance recreational opportunities 

in the Mount Hood National Forest. 

(3) IMPROVED TRAIL ACCESS FOR PERSONS WITH DISABIL- ITIES.—The Secretary, in consultation with the public, may 

design and construct a trail at a location selected by the Secretary in Mount Hood National Forest suitable for use by 

persons with disabilities. 

Subtitle D—Copper Salmon Wilderness, 

Oregon 

SEC. 1301. DESIGNATION OF THE COPPER SALMON WILDERNESS. 

(a) DESIGNATION.—Section 3 of the Oregon Wilderness Act of 

1984 (16 U.S.C. 1132 note; Public Law 98–328) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘eight 

hundred fifty-nine thousand six hundred acres’’ and inserting 

‘‘873,300 acres’’; 

(2) in paragraph (29), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(30) certain land in the Siskiyou National Forest, comprising approximately 13,700 acres, as generally depicted on 

the map entitled ‘Proposed Copper Salmon Wilderness Area’ 

and dated December 7, 2007, to be known as the ‘Copper 

Salmon Wilderness’.’’. 

(b) MAPS AND LEGAL DESCRIPTION.— (1) IN GENERAL.—As soon as practicable after the date 

of enactment of this Act, the Secretary of Agriculture (referred 

to in this subtitle as the ‘‘Secretary’’) shall file a map and 

a legal description of the Copper Salmon Wilderness with— 

(A) the Committee on Energy and Natural Resources 

of the Senate; and 

(B) the Committee on Natural Resources of the House 

of Representatives. 

(2) FORCE OF LAW.—The map and legal description filed 

under paragraph (1) shall have the same force and effect as 

if included in this subtitle, except that the Secretary may 

correct typographical errors in the map and legal description. 

(3) BOUNDARY.—If the boundary of the Copper Salmon 

Wilderness shares a border with a road, the Secretary may 

only establish an offset that is not more than 150 feet from 

the centerline of the road. 

(4) PUBLIC AVAILABILITY.—Each map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the appropriate offices of the Forest Service. 


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SEC. 1302. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, 

OREGON. 

Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C. 

1274(a)(76)) is amended— 

(1) in the matter preceding subparagraph (A), by striking 

‘‘19-mile segment’’ and inserting ‘‘29-mile segment’’; 

(2) in subparagraph (A), by striking ‘‘; and’’ and inserting 

a period; and 

(3) by striking subparagraph (B) and inserting the following: 

‘‘(B)(i) The approximately 0.6-mile segment of the 

North Fork Elk from its source in sec. 21, T. 33 S., R. 

12 W., Willamette Meridian, downstream to 0.01 miles 

below Forest Service Road 3353, as a scenic river. 

‘‘(ii) The approximately 5.5-mile segment of the North 

Fork Elk from 0.01 miles below Forest Service Road 3353 

to its confluence with the South Fork Elk, as a wild river. 

‘‘(C)(i) The approximately 0.9-mile segment of the 

South Fork Elk from its source in the southeast quarter 

of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as 

a scenic river. 

‘‘(ii) The approximately 4.2-mile segment of the South 

Fork Elk from 0.01 miles below Forest Service Road 3353 

to its confluence with the North Fork Elk, as a wild river.’’. 

SEC. 1303. PROTECTION OF TRIBAL RIGHTS. 

(a) IN GENERAL.—Nothing in this subtitle shall be construed 

as diminishing any right of any Indian tribe. 

(b) MEMORANDUM OF UNDERSTANDING.—The Secretary shall 

seek to enter into a memorandum of understanding with the 

Coquille Indian Tribe regarding access to the Copper Salmon 

Wilderness to conduct historical and cultural activities. 

Subtitle E—Cascade-Siskiyou National 

Monument, Oregon 

SEC. 1401. DEFINITIONS. 

In this subtitle: 

(1) BOX R RANCH LAND EXCHANGE MAP.—The term ‘‘Box 

R Ranch land exchange map’’ means the map entitled ‘‘Proposed 

Rowlett Land Exchange’’ and dated June 13, 2006. 

(2) BUREAU OF LAND MANAGEMENT LAND.—The term 

‘‘Bureau of Land Management land’’ means the approximately 

40 acres of land administered by the Bureau of Land Management identified as ‘‘Rowlett Selected’’, as generally depicted 

on the Box R Ranch land exchange map. 

(3) DEERFIELD LAND EXCHANGE MAP.—The term ‘‘Deerfield 

land exchange map’’ means the map entitled ‘‘Proposed Deerfield-BLM Property Line Adjustment’’ and dated May 1, 2008. 

(4) DEERFIELD PARCEL.—The term ‘‘Deerfield parcel’’ means 

the approximately 1.5 acres of land identified as ‘‘From Deerfield to BLM’’, as generally depicted on the Deerfield land 

exchange map. 

(5) FEDERAL PARCEL.—The term ‘‘Federal parcel’’ means 

the approximately 1.3 acres of land administered by the Bureau 

16 USC 431 note. 

16 USC 1274 

note. 


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of Land Management identified as ‘‘From BLM to Deerfield’’, 

as generally depicted on the Deerfield land exchange map. 

(6) GRAZING ALLOTMENT.—The term ‘‘grazing allotment’’ 

means any of the Box R, Buck Lake, Buck Mountain, Buck 

Point, Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood, 

Dixie, Grizzly, Howard Prairie, Jenny Creek, Keene Creek, 

North Cove Creek, and Soda Mountain grazing allotments in 

the State. 

(7) GRAZING LEASE.—The term ‘‘grazing lease’’ means any 

document authorizing the use of a grazing allotment for the 

purpose of grazing livestock for commercial purposes. 

(8) LANDOWNER.—The term ‘‘Landowner’’ means the owner 

of the Box R Ranch in the State. 

(9) LESSEE.—The term ‘‘lessee’’ means a livestock operator 

that holds a valid existing grazing lease for a grazing allotment. 

(10) LIVESTOCK.—The term ‘‘livestock’’ does not include 

beasts of burden used for recreational purposes. 

(11) MONUMENT.—The term ‘‘Monument’’ means the Cascade-Siskiyou National Monument in the State. 

(12) ROWLETT PARCEL.—The term ‘‘Rowlett parcel’’ means 

the parcel of approximately 40 acres of private land identified 

as ‘‘Rowlett Offered’’, as generally depicted on the Box R Ranch 

land exchange map. 

(13) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(14) STATE.—The term ‘‘State’’ means the State of Oregon. 

(15) WILDERNESS.—The term ‘‘Wilderness’’ means the Soda 

Mountain Wilderness designated by section 1405(a). 

(16) WILDERNESS MAP.—The term ‘‘wilderness map’’ means 

the map entitled ‘‘Soda Mountain Wilderness’’ and dated May 

5, 2008. 

SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PROGRAM. 

(a) EXISTING GRAZING LEASES.— 

(1) DONATION OF LEASE.— (A) ACCEPTANCE BY SECRETARY.—The Secretary shall 

accept any grazing lease that is donated by a lessee. 

(B) TERMINATION.—The Secretary shall terminate any 

grazing lease acquired under subparagraph (A). 

(C) NO NEW GRAZING LEASE.—Except as provided in 

paragraph (3), with respect to each grazing lease donated 

under subparagraph (A), the Secretary shall— 

(i) not issue any new grazing lease within the 

grazing allotment covered by the grazing lease; and 

(ii) ensure a permanent end to livestock grazing 

on the grazing allotment covered by the grazing lease. 

(2) DONATION OF PORTION OF GRAZING LEASE.— 

(A) IN GENERAL.—A lessee with a grazing lease for 

a grazing allotment partially within the Monument may 

elect to donate only that portion of the grazing lease that 

is within the Monument. 

(B) ACCEPTANCE BY SECRETARY.—The Secretary shall 

accept the portion of a grazing lease that is donated under 

subparagraph (A). 

(C) MODIFICATION OF LEASE.—Except as provided in 

paragraph (3), if a lessee donates a portion of a grazing 

lease under subparagraph (A), the Secretary shall— 


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(i) reduce the authorized grazing level and area 

to reflect the donation; and 

(ii) modify the grazing lease to reflect the reduced 

level and area of use. 

(D) AUTHORIZED LEVEL.—To ensure that there is a 

permanent reduction in the level and area of livestock 

grazing on the land covered by a portion of a grazing 

lease donated under subparagraph (A), the Secretary shall 

not allow grazing to exceed the authorized level and area 

established under subparagraph (C). 

(3) COMMON ALLOTMENTS.— 

(A) IN GENERAL.—If a grazing allotment covered by 

a grazing lease or portion of a grazing lease that is donated 

under paragraph (1) or (2) also is covered by another 

grazing lease that is not donated, the Secretary shall reduce 

the grazing level on the grazing allotment to reflect the 

donation. 

(B) AUTHORIZED LEVEL.—To ensure that there is a 

permanent reduction in the level of livestock grazing on 

the land covered by the grazing lease or portion of a grazing 

lease donated under paragraph (1) or (2), the Secretary 

shall not allow grazing to exceed the level established 

under subparagraph (A). 

(b) LIMITATIONS.—The Secretary— 

(1) with respect to the Agate, Emigrant Creek, and Siskiyou 

allotments in and near the Monument— 

(A) shall not issue any grazing lease; and 

(B) shall ensure a permanent end to livestock grazing 

on each allotment; and 

(2) shall not establish any new allotments for livestock 

grazing that include any Monument land (whether leased or 

not leased for grazing on the date of enactment of this Act). 

(c) EFFECT OF DONATION.—A lessee who donates a grazing 

lease or a portion of a grazing lease under this section shall be 

considered to have waived any claim to any range improvement 

on the associated grazing allotment or portion of the associated 

grazing allotment, as applicable. 

SEC. 1403. BOX R RANCH LAND EXCHANGE. 

(a) IN GENERAL.—For the purpose of protecting and consolidating Federal land within the Monument, the Secretary— 

(1) may offer to convey to the Landowner the Bureau 

of Land Management land in exchange for the Rowlett parcel; 

and 

(2) if the Landowner accepts the offer— 

(A) the Secretary shall convey to the Landowner all 

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

the Bureau of Land Management land; and 

(B) the Landowner shall convey to the Secretary all 

right, title, and interest of the Landowner in and to the 

Rowlett parcel. 

(b) SURVEYS.— 

(1) IN GENERAL.—The exact acreage and legal description 

of the Bureau of Land Management land and the Rowlett 

parcel shall be determined by surveys approved by the Secretary. 


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(2) COSTS.—The responsibility for the costs of any surveys 

conducted under paragraph (1), and any other administrative 

costs of carrying out the land exchange, shall be determined 

by the Secretary and the Landowner. 

(c) CONDITIONS.—The conveyance of the Bureau of Land 

Management land and the Rowlett parcel under this section shall 

be subject to— 

(1) valid existing rights; 

(2) title to the Rowlett parcel being acceptable to the Secretary and in conformance with the title approval standards 

applicable to Federal land acquisitions; 

(3) such terms and conditions as the Secretary may require; 

and 

(4) except as otherwise provided in this section, any laws 

(including regulations) applicable to the conveyance and 

acquisition of land by the Bureau of Land Management. 

(d) APPRAISALS.— 

(1) IN GENERAL.—The Bureau of Land Management land 

and the Rowlett parcel shall be appraised by an independent 

appraiser selected by the Secretary. 

(2) REQUIREMENTS.—An appraisal conducted under paragraph (1) shall be conducted in accordance with— 

(A) the Uniform Appraisal Standards for Federal Land 

Acquisitions; and 

(B) the Uniform Standards of Professional Appraisal 

Practice. 

(3) APPROVAL.—The appraisals conducted under this subsection shall be submitted to the Secretary for approval. 

(e) GRAZING ALLOTMENT.—As a condition of the land exchange 

authorized under this section, the lessee of the grazing lease for 

the Box R grazing allotment shall donate the Box R grazing lease 

in accordance with section 1402(a)(1). 

SEC. 1404. DEERFIELD LAND EXCHANGE. 

(a) IN GENERAL.—For the purpose of protecting and consolidating Federal land within the Monument, the Secretary— 

(1) may offer to convey to Deerfield Learning Associates 

the Federal parcel in exchange for the Deerfield parcel; and 

(2) if Deerfield Learning Associates accepts the offer— 

(A) the Secretary shall convey to Deerfield Learning 

Associates all right, title, and interest of the United States 

in and to the Federal parcel; and 

(B) Deerfield Learning Associates shall convey to the 

Secretary all right, title, and interest of Deerfield Learning 

Associates in and to the Deerfield parcel. 

(b) SURVEYS.— 

(1) IN GENERAL.—The exact acreage and legal description 

of the Federal parcel and the Deerfield parcel shall be determined by surveys approved by the Secretary. 

(2) COSTS.—The responsibility for the costs of any surveys 

conducted under paragraph (1), and any other administrative 

costs of carrying out the land exchange, shall be determined 

by the Secretary and Deerfield Learning Associates. 

(c) CONDITIONS.— 

(1) IN GENERAL.—The conveyance of the Federal parcel 

and the Deerfield parcel under this section shall be subject 

to— 


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(A) valid existing rights; 

(B) title to the Deerfield parcel being acceptable to 

the Secretary and in conformance with the title approval 

standards applicable to Federal land acquisitions; 

(C) such terms and conditions as the Secretary may 

require; and 

(D) except as otherwise provided in this section, any 

laws (including regulations) applicable to the conveyance 

and acquisition of land by the Bureau of Land Management. 

(d) APPRAISALS.— 

(1) IN GENERAL.—The Federal parcel and the Deerfield 

parcel shall be appraised by an independent appraiser selected 

by the Secretary. 

(2) REQUIREMENTS.—An appraisal conducted under paragraph (1) shall be conducted in accordance with— 

(A) the Uniform Appraisal Standards for Federal Land 

Acquisitions; and 

(B) the Uniform Standards of Professional Appraisal 

Practice. 

(3) APPROVAL.—The appraisals conducted under this subsection shall be submitted to the Secretary for approval. 

SEC. 1405. SODA MOUNTAIN WILDERNESS. 

(a) DESIGNATION.—In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), approximately 24,100 acres of Monument 

land, as generally depicted on the wilderness map, is designated 

as wilderness and as a component of the National Wilderness 

Preservation System, to be known as the ‘‘Soda Mountain Wilderness’’. 

(b) MAP AND LEGAL DESCRIPTION.— 

(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION.—As soon 

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

Secretary shall file a map and legal description of the Wilderness with— 

(A) the Committee on Energy and Natural Resources 

of the Senate; and 

(B) the Committee on Natural Resources of the House 

of Representatives. 

(2) FORCE AND EFFECT.— 

(A) IN GENERAL.—The map and legal description filed 

under paragraph (1) shall have the same force and effect 

as if included in this subtitle, except that the Secretary 

may correct any clerical or typographical error in the map 

or legal description. 

(B) NOTIFICATION.—The Secretary shall submit to Congress notice of any changes made in the map or legal 

description under subparagraph (A), including notice of 

the reason for the change. 

(3) PUBLIC AVAILABILITY.—The map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the appropriate offices of the Bureau of 

Land Management. 

(c) ADMINISTRATION OF WILDERNESS.— 

16 USC 1132 

note. 


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(1) IN GENERAL.—Subject to valid existing rights, the 

Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except 

that— 

(A) any reference in the Wilderness Act to the effective 

date of the Wilderness Act shall be considered to be a 

reference to the date of enactment of this Act; and 

(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. 

(2) FIRE, INSECT, AND DISEASE MANAGEMENT ACTIVITIES.— 

Except as provided by Presidential Proclamation Number 7318, 

dated June 9, 2000 (65 Fed. Reg. 37247), within the wilderness 

areas designated by this subtitle, the Secretary may take such 

measures in accordance with section 4(d)(1) of the Wilderness 

Act (16 U.S.C. 1133(d)(1)) as are necessary to control fire, 

insects, and diseases, subject to such terms and conditions 

as the Secretary determines to be desirable and appropriate. 

(3) LIVESTOCK.—Except as provided in section 1402 and 

by Presidential Proclamation Number 7318, dated June 9, 2000 

(65 Fed. Reg. 37247), the grazing of livestock in the Wilderness, 

if established before the date of enactment of this Act, shall 

be permitted to continue subject to such reasonable regulations 

as are considered necessary by the Secretary in accordance 

with— 

(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 

1133(d)(4)); and 

(B) the guidelines set forth in Appendix A of the report 

of the Committee on Interior and Insular Affairs of the 

House of Representatives accompanying H.R. 2570 of the 

101st Congress (H. Rept. 101–405). 

(4) FISH AND WILDLIFE MANAGEMENT.—In accordance with 

section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

nothing in this subtitle affects the jurisdiction of the State 

with respect to fish and wildlife on public land in the State. 

(5) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 

Any land or interest in land within the boundary of the Wilderness that is acquired by the United States shall— 

(A) become part of the Wilderness; and 

(B) be managed in accordance with this subtitle, the 

Wilderness Act (16 U.S.C. 1131 et seq.), and any other 

applicable law. 

SEC. 1406. EFFECT. 

Nothing in this subtitle— 

(1) affects the authority of a Federal agency to modify 

or terminate grazing permits or leases, except as provided 

in section 1402; 

(2) authorizes the use of eminent domain; 

(3) creates a property right in any grazing permit or lease 

on Federal land; 

(4) establishes a precedent for future grazing permit or 

lease donation programs; or 

(5) affects the allocation, ownership, interest, or control, 

in existence on the date of enactment of this Act, of any water, 

water right, or any other valid existing right held by the United 


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States, an Indian tribe, a State, or a private individual, partnership, or corporation. 

Subtitle F—Owyhee Public Land 

Management 

SEC. 1501. DEFINITIONS. 

In this subtitle: 

(1) ACCOUNT.—The term ‘‘account’’ means the Owyhee Land 

Acquisition Account established by section 1505(b)(1). 

(2) COUNTY.—The term ‘‘County’’ means Owyhee County, 

Idaho. 

(3) OWYHEE FRONT.—The term ‘‘Owyhee Front’’ means the 

area of the County from Jump Creek on the west to Mud 

Flat Road on the east and draining north from the crest of 

the Silver City Range to the Snake River. 

(4) PLAN.—The term ‘‘plan’’ means a travel management 

plan for motorized and mechanized off-highway vehicle recreation prepared under section 1507. 

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

given the term in section 103(e) of the Federal Land Policy 

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

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

of the Interior. 

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

(8) TRIBES.—The term ‘‘Tribes’’ means the Shoshone Paiute 

Tribes of the Duck Valley Reservation. 

SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER. 

(a) ESTABLISHMENT.—The Secretary, in coordination with the 

Tribes, State, and County, and in consultation with the University 

of Idaho, Federal grazing permittees, and public, shall establish 

the Owyhee Science Review and Conservation Center in the County 

to conduct research projects to address natural resources management issues affecting public and private rangeland in the County. 

(b) PURPOSE.—The purpose of the center established under 

subsection (a) shall be to facilitate the collection and analysis of 

information to provide Federal and State agencies, the Tribes, the 

County, private landowners, and the public with information on 

improved rangeland management. 

SEC. 1503. WILDERNESS AREAS. 

(a) WILDERNESS AREAS DESIGNATION.— 

(1) IN GENERAL.—In accordance with the Wilderness Act 

(16 U.S.C. 1131 et seq.), the following areas in the State are 

designated as wilderness areas and as components of the 

National Wilderness Preservation System: 

(A) BIG JACKS CREEK WILDERNESS.—Certain land comprising approximately 52,826 acres, as generally depicted 

on the map entitled ‘‘Little Jacks Creek and Big Jacks 

Creek Wilderness’’ and dated May 5, 2008, which shall 

be known as the ‘‘Big Jacks Creek Wilderness’’. 

(B) BRUNEAU-JARBIDGE RIVERS WILDERNESS.—Certain 

land comprising approximately 89,996 acres, as generally 

depicted on the map entitled ‘‘Bruneau-Jarbidge Rivers 

16 USC 1132 

note. 

Idaho. 


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Wilderness’’ and dated December 15, 2008, which shall 

be known as the ‘‘Bruneau-Jarbidge Rivers Wilderness’’. 

(C) LITTLE JACKS CREEK WILDERNESS.—Certain land 

comprising approximately 50,929 acres, as generally 

depicted on the map entitled ‘‘Little Jacks Creek and Big 

Jacks Creek Wilderness’’ and dated May 5, 2008, which 

shall be known as the ‘‘Little Jacks Creek Wilderness’’. 

(D) NORTH FORK OWYHEE WILDERNESS.—Certain land 

comprising approximately 43,413 acres, as generally 

depicted on the map entitled ‘‘North Fork Owyhee and 

Pole Creek Wilderness’’ and dated May 5, 2008, which 

shall be known as the ‘‘North Fork Owyhee Wilderness’’. 

(E) OWYHEE RIVER WILDERNESS.—Certain land comprising approximately 267,328 acres, as generally depicted 

on the map entitled ‘‘Owyhee River Wilderness’’ and dated 

May 5, 2008, which shall be known as the ‘‘Owyhee River 

Wilderness’’. 

(F) POLE CREEK WILDERNESS.—Certain land comprising 

approximately 12,533 acres, as generally depicted on the 

map entitled ‘‘North Fork Owyhee and Pole Creek Wilderness’’ and dated May 5, 2008, which shall be known as 

the ‘‘Pole Creek Wilderness’’. 

(2) MAPS AND LEGAL DESCRIPTIONS.— 

(A) IN GENERAL.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall submit to 

the Committee on Energy and Natural Resources of the 

Senate and the Committee on Natural Resources of the 

House of Representatives a map and legal description for 

each area designated as wilderness by this subtitle. 

(B) EFFECT.—Each map and legal description submitted under subparagraph (A) shall have the same force 

and effect as if included in this subtitle, except that the 

Secretary may correct minor errors in the map or legal 

description. 

(C) AVAILABILITY.—Each map and legal description 

submitted under subparagraph (A) shall be available in 

the appropriate offices of the Bureau of Land Management. 

(3) RELEASE OF WILDERNESS STUDY AREAS.— 

(A) IN GENERAL.—Congress finds that, for the purposes 

of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land in 

the County administered by the Bureau of Land Management has been adequately studied for wilderness designation. 

(B) RELEASE.—Any public land referred to in subparagraph (A) that is not designated as wilderness by this 

subtitle— 

(i) is no longer subject to section 603(c) of the 

Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1782(c)); and 

(ii) shall be managed in accordance with the 

applicable land use plan adopted under section 202 

of that Act (43 U.S.C. 1712). 

(b) ADMINISTRATION.— 

(1) IN GENERAL.—Subject to valid existing rights, each area 

designated as wilderness by this subtitle shall be administered 


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by the Secretary in accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), except that— 

(A) any reference in that Act to the effective date 

shall be considered to be a reference to the date of enactment of this Act; and 

(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. 

(2) WITHDRAWAL.—Subject to valid existing rights, the Federal land designated as wilderness by this subtitle is withdrawn 

from all forms of— 

(A) entry, appropriation, or disposal under the public 

land laws; 

(B) location, entry, and patent under the mining laws; 

and 

(C) disposition under the mineral leasing, mineral 

materials, and geothermal leasing laws. 

(3) LIVESTOCK.— 

(A) IN GENERAL.—In the wilderness areas designated 

by this subtitle, the grazing of livestock in areas in which 

grazing is established as of the date of enactment of this 

Act shall be allowed to continue, subject to such reasonable 

regulations, policies, and practices as the Secretary considers necessary, consistent with section 4(d)(4) of the 

Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines 

described in Appendix A of House Report 101–405. 

(B) INVENTORY.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall conduct an 

inventory of existing facilities and improvements associated 

with grazing activities in the wilderness areas and wild 

and scenic rivers designated by this subtitle. 

(C) FENCING.—The Secretary may construct and maintain fencing around wilderness areas designated by this 

subtitle as the Secretary determines to be appropriate to 

enhance wilderness values. 

(D) DONATION OF GRAZING PERMITS OR LEASES.— 

(i) ACCEPTANCE BY SECRETARY.—The Secretary 

shall accept the donation of any valid existing permits 

or leases authorizing grazing on public land, all or 

a portion of which is within the wilderness areas designated by this subtitle. 

(ii) TERMINATION.—With respect to each permit 

or lease donated under clause (i), the Secretary shall— 

(I) terminate the grazing permit or lease; and 

(II) except as provided in clause (iii), ensure 

a permanent end to grazing on the land covered 

by the permit or lease. 

(iii) COMMON ALLOTMENTS.— 

(I) IN GENERAL.—If the land covered by a 

permit or lease donated under clause (i) is also 

covered by another valid existing permit or lease 

that is not donated under clause (i), the Secretary 

shall reduce the authorized grazing level on the 

land covered by the permit or lease to reflect the 

donation of the permit or lease under clause (i). 

(II) AUTHORIZED LEVEL.—To ensure that there 

is a permanent reduction in the level of grazing 

Deadline. 


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on the land covered by a permit or lease donated 

under clause (i), the Secretary shall not allow 

grazing use to exceed the authorized level established under subclause (I). 

(iv) PARTIAL DONATION.— (I) IN GENERAL.—If a person holding a valid 

grazing permit or lease donates less than the full 

amount of grazing use authorized under the permit 

or lease, the Secretary shall— 

(aa) reduce the authorized grazing level 

to reflect the donation; and 

(bb) modify the permit or lease to reflect 

the revised level of use. 

(II) AUTHORIZED LEVEL.—To ensure that there 

is a permanent reduction in the authorized level 

of grazing on the land covered by a permit or 

lease donated under subclause (I), the Secretary 

shall not allow grazing use to exceed the authorized level established under that subclause. 

(4) ACQUISITION OF LAND AND INTERESTS IN LAND.— 

(A) IN GENERAL.—Consistent with applicable law, the 

Secretary may acquire land or interests in land within 

the boundaries of the wilderness areas designated by this 

subtitle by purchase, donation, or exchange. 

(B) INCORPORATION OF ACQUIRED LAND.—Any land or 

interest in land in, or adjoining the boundary of, a wilderness area designated by this subtitle that is acquired by 

the United States shall be added to, and administered 

as part of, the wilderness area in which the acquired land 

or interest in land is located. 

(5) TRAIL PLAN.— 

(A) IN GENERAL.—The Secretary, after providing 

opportunities for public comment, shall establish a trail 

plan that addresses hiking and equestrian trails on the 

land designated as wilderness by this subtitle, in a manner 

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

seq.). 

(B) REPORT.—Not later than 2 years after the date 

of enactment of this Act, the Secretary shall submit to 

Congress a report that describes the implementation of 

the trail plan. 

(6) OUTFITTING AND GUIDE ACTIVITIES.—Consistent with 

section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), 

commercial services (including authorized outfitting and guide 

activities) are authorized in wilderness areas designated by 

this subtitle to the extent necessary for activities that fulfill 

the recreational or other wilderness purposes of the areas. 

(7) ACCESS TO PRIVATE PROPERTY.—In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the 

boundary of a wilderness area designated by this subtitle adequate access to the property. 

(8) FISH AND WILDLIFE.— 

(A) IN GENERAL.—Nothing in this subtitle affects the 

jurisdiction of the State with respect to fish and wildlife 

on public land in the State. 

(B) MANAGEMENT ACTIVITIES.— 


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(i) IN GENERAL.—In furtherance of the purposes 

and principles of the Wilderness Act (16 U.S.C. 1131 

et seq.), the Secretary may conduct any management 

activities that are necessary to maintain or restore 

fish and wildlife populations and habitats in the wilderness areas designated by this subtitle, if the management activities are— 

(I) consistent with relevant wilderness 

management plans; and 

(II) conducted in accordance with appropriate 

policies, such as the policies established in 

Appendix B of House Report 101–405. 

(ii) INCLUSIONS.—Management activities under 

clause (i) may include the occasional and temporary 

use of motorized vehicles, if the use, as determined 

by the Secretary, would promote healthy, viable, and 

more naturally distributed wildlife populations that 

would enhance wilderness values while causing the 

minimum impact necessary to accomplish those tasks. 

(C) EXISTING ACTIVITIES.—Consistent with section 

4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 

in accordance with appropriate policies, such as those 

established in Appendix B of House Report 101–405, the 

State may use aircraft (including helicopters) in the wilderness areas designated by this subtitle to survey, capture, 

transplant, monitor, and provide water for wildlife populations, including bighorn sheep, and feral stock, feral 

horses, and feral burros. 

(9) WILDFIRE, INSECT, AND DISEASE MANAGEMENT.—Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 

1133(d)(1)), the Secretary may take any measures that the 

Secretary determines to be necessary to control fire, insects, 

and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or 

local agency. 

(10) ADJACENT MANAGEMENT.— 

(A) IN GENERAL.—The designation of a wilderness area 

by this subtitle shall not create any protective perimeter 

or buffer zone around the wilderness area. 

(B) NONWILDERNESS ACTIVITIES.—The fact that nonwilderness activities or uses can be seen or heard from 

areas within a wilderness area designated by this subtitle 

shall not preclude the conduct of those activities or uses 

outside the boundary of the wilderness area. 

(11) MILITARY OVERFLIGHTS.—Nothing in this subtitle 

restricts or precludes— 

(A) low-level overflights of military aircraft over the 

areas designated as wilderness by this subtitle, including 

military overflights that can be seen or heard within the 

wilderness areas; 

(B) flight testing and evaluation; or 

(C) the designation or creation of new units of special 

use airspace, or the establishment of military flight training 

routes, over the wilderness areas. 

(12) WATER RIGHTS.— (A) IN GENERAL.—The designation of areas as wilderness by subsection (a) shall not create an express or implied 


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reservation by the United States of any water or water 

rights for wilderness purposes with respect to such areas. 

(B) EXCLUSIONS.—This paragraph does not apply to 

any components of the National Wild and Scenic Rivers 

System designated by section 1504. 

SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS. 

(a) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is 

amended by adding at the end the following: 

‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 miles of Battle 

Creek from the confluence of the Owyhee River to the upstream 

boundary of the Owyhee River Wilderness, to be administered 

by the Secretary of the Interior as a wild river. 

‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 miles of Big 

Jacks Creek from the downstream border of the Big Jacks 

Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point 

at which it enters the NW 1⁄4 of sec. 26, T. 10 S., R. 2 E., 

Boise Meridian, to be administered by the Secretary of the 

Interior as a wild river. 

‘‘(182) BRUNEAU RIVER, IDAHO.— 

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

(B), the 39.3-mile segment of the Bruneau River from the 

downstream boundary of the Bruneau-Jarbidge Wilderness 

to the upstream confluence with the west fork of the 

Bruneau River, to be administered by the Secretary of 

the Interior as a wild river. 

‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 

the 0.6-mile segment of the Bruneau River at the Indian 

Hot Springs public road access shall be administered by 

the Secretary of the Interior as a recreational river. 

‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.—The approximately 0.35 miles of the West Fork of the Bruneau River 

from the confluence with the Jarbidge River to the downstream 

boundary of the Bruneau Canyon Grazing Allotment in the 

SE/NE of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be 

administered by the Secretary of the Interior as a wild river. 

‘‘(184) COTTONWOOD CREEK, IDAHO.—The 2.6 miles of 

Cottonwood Creek from the confluence with Big Jacks Creek 

to the upstream boundary of the Big Jacks Creek Wilderness, 

to be administered by the Secretary of the Interior as a wild 

river. 

‘‘(185) DEEP CREEK, IDAHO.—The 13.1-mile segment of Deep 

Creek from the confluence with the Owyhee River to the 

upstream boundary of the Owyhee River Wilderness in sec. 

30, T. 12 S., R. 2 W., Boise Meridian, to be administered 

by the Secretary of the Interior as a wild river. 

‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 9.25 miles of 

Dickshooter Creek from the confluence with Deep Creek to 

a point on the stream 1⁄4 mile due west of the east boundary 

of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be administered 

by the Secretary of the Interior as a wild river. 

‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile segment of 

Duncan Creek from the confluence with Big Jacks Creek 

upstream to the east boundary of sec. 18, T. 10 S., R. 4 E., 

Boise Meridian, to be administered by the Secretary of the 

Interior as a wild river. 


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‘‘(188) JARBIDGE RIVER, IDAHO.—The 28.8 miles of the 

Jarbidge River from the confluence with the West Fork Bruneau 

River to the upstream boundary of the Bruneau-Jarbidge Rivers 

Wilderness, to be administered by the Secretary of the Interior 

as a wild river. 

‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 12.4 miles of Little 

Jacks Creek from the downstream boundary of the Little Jacks 

Creek Wilderness, upstream to the mouth of OX Prong Creek, 

to be administered by the Secretary of the Interior as a wild 

river. 

‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.—The following 

segments of the North Fork of the Owyhee River, to be administered by the Secretary of the Interior: 

‘‘(A) The 5.7-mile segment from the Idaho-Oregon State 

border to the upstream boundary of the private land at 

the Juniper Mt. Road crossing, as a recreational river. 

‘‘(B) The 15.1-mile segment from the upstream 

boundary of the North Fork Owyhee River recreational 

segment designated in paragraph (A) to the upstream 

boundary of the North Fork Owyhee River Wilderness, 

as a wild river. 

‘‘(191) OWYHEE RIVER, IDAHO.— 

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

67.3 miles of the Owyhee River from the Idaho-Oregon 

State border to the upstream boundary of the Owyhee 

River Wilderness, to be administered by the Secretary of 

the Interior as a wild river. 

‘‘(B) ACCESS.—The Secretary of the Interior shall allow 

for continued access across the Owyhee River at Crutchers 

Crossing, subject to such terms and conditions as the Secretary of the Interior determines to be necessary. 

‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of Red Canyon 

from the confluence of the Owyhee River to the upstream 

boundary of the Owyhee River Wilderness, to be administered 

by the Secretary of the Interior as a wild river. 

‘‘(193) SHEEP CREEK, IDAHO.—The 25.6 miles of Sheep 

Creek from the confluence with the Bruneau River to the 

upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, 

to be administered by the Secretary of the Interior as a wild 

river. 

‘‘(194) SOUTH FORK OWYHEE RIVER, IDAHO.— 

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

(B), the 31.4-mile segment of the South Fork of the Owyhee 

River upstream from the confluence with the Owyhee River 

to the upstream boundary of the Owyhee River Wilderness 

at the Idaho–Nevada State border, to be administered by 

the Secretary of the Interior as a wild river. 

‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 

the 1.2-mile segment of the South Fork of the Owyhee 

River from the point at which the river enters the southernmost boundary to the point at which the river exits the 

northernmost boundary of private land in sec. 25 and 26, 

T. 14 S., R. 5 W., Boise Meridian, shall be administered 

by the Secretary of the Interior as a recreational river. 

‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 miles of 

Wickahoney Creek from the confluence of Big Jacks Creek 

to the upstream boundary of the Big Jacks Creek Wilderness, 


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to be administered by the Secretary of the Interior as a wild 

river.’’. 

(b) BOUNDARIES.—Notwithstanding section 3(b) of the Wild and 

Scenic Rivers Act (16 U.S.C. 1274(b)), the boundary of a river 

segment designated as a component of the National Wild and Scenic 

Rivers System under this subtitle shall extend not more than the 

shorter of— 

(1) an average distance of 1⁄4 mile from the high water 

mark on both sides of the river segment; or 

(2) the distance to the nearest confined canyon rim. 

(c) LAND ACQUISITION.—The Secretary shall not acquire any 

private land within the exterior boundary of a wild and scenic 

river corridor without the consent of the owner. 

SEC. 1505. LAND IDENTIFIED FOR DISPOSAL. 

(a) IN GENERAL.—Consistent with applicable law, the Secretary 

may sell public land located within the Boise District of the Bureau 

of Land Management that, as of July 25, 2000, has been identified 

for disposal in appropriate resource management plans. 

(b) USE OF PROCEEDS.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law (other than a law that specifically provides for a proportion 

of the proceeds of a land sale to be distributed to any trust 

fund of the State), proceeds from the sale of public land under 

subsection (a) shall be deposited in a separate account in the 

Treasury of the United States to be known as the ‘‘Owyhee 

Land Acquisition Account’’. 

(2) AVAILABILITY.— 

(A) IN GENERAL.—Amounts in the account shall be 

available to the Secretary, without further appropriation, 

to purchase land or interests in land in, or adjacent to, 

the wilderness areas designated by this subtitle, including 

land identified as ‘‘Proposed for Acquisition’’ on the maps 

described in section 1503(a)(1). 

(B) APPLICABLE LAW.—Any purchase of land or interest 

in land under subparagraph (A) shall be in accordance 

with applicable law. 

(3) APPLICABILITY.—This subsection applies to public land 

within the Boise District of the Bureau of Land Management 

sold on or after January 1, 2008. 

(4) ADDITIONAL AMOUNTS.—If necessary, the Secretary may 

use additional amounts appropriated to the Department of the 

Interior, subject to applicable reprogramming guidelines. 

(c) TERMINATION OF AUTHORITY.— 

(1) IN GENERAL.—The authority provided under this section 

terminates on the earlier of— 

(A) the date that is 10 years after the date of enactment 

of this Act; or 

(B) the date on which a total of $8,000,000 from the 

account is expended. 

(2) AVAILABILITY OF AMOUNTS.—Any amounts remaining 

in the account on the termination of authority under this section 

shall be— 

(A) credited as sales of public land in the State; 

(B) transferred to the Federal Land Disposal Account 

established under section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and 

16 USC 1274 

note. 

16 USC 1274 

note. 


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(C) used in accordance with that subtitle. 

SEC. 1506. TRIBAL CULTURAL RESOURCES. 

(a) COORDINATION.—The Secretary shall coordinate with the 

Tribes in the implementation of the Shoshone Paiute Cultural 

Resource Protection Plan. 

(b) AGREEMENTS.—The Secretary shall seek to enter into agreements with the Tribes to implement the Shoshone Paiute Cultural 

Resource Protection Plan to protect cultural sites and resources 

important to the continuation of the traditions and beliefs of the 

Tribes. 

SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS. 

(a) IN GENERAL.—In accordance with the Federal Land Policy 

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

shall, in coordination with the Tribes, State, and County, prepare 

1 or more travel management plans for motorized and mechanized 

off-highway vehicle recreation for the land managed by the Bureau 

of Land Management in the County. 

(b) INVENTORY.—Before preparing the plan under subsection 

(a), the Secretary shall conduct resource and route inventories 

of the area covered by the plan. 

(c) LIMITATION TO DESIGNATED ROUTES.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

plan shall limit recreational motorized and mechanized offhighway vehicle use to a system of designated roads and trails 

established by the plan. 

(2) EXCEPTION.—Paragraph (1) shall not apply to snowmobiles. 

(d) TEMPORARY LIMITATION.— 

(1) IN GENERAL.—Except as provided in paragraph (2), until 

the date on which the Secretary completes the plan, all recreational motorized and mechanized off-highway vehicle use 

shall be limited to roads and trails lawfully in existence on 

the day before the date of enactment of this Act. 

(2) EXCEPTION.—Paragraph (1) shall not apply to— 

(A) snowmobiles; or 

(B) areas specifically identified as open, closed, or limited in the Owyhee Resource Management Plan. 

(e) SCHEDULE.— 

(1) OWYHEE FRONT.—It is the intent of Congress that, 

not later than 1 year after the date of enactment of this Act, 

the Secretary shall complete a transportation plan for the 

Owyhee Front. 

(2) OTHER BUREAU OF LAND MANAGEMENT LAND IN THE

COUNTY.—It is the intent of Congress that, not later than 

3 years after the date of enactment of this Act, the Secretary 

shall complete a transportation plan for Bureau of Land 

Management land in the County outside the Owyhee Front. 

SEC. 1508. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this subtitle. 

Deadline. 

Transportation 

plan. 

Deadline. 

Transportation 

plan. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1041 

Subtitle G—Sabinoso Wilderness, New 

Mexico 

SEC. 1601. DEFINITIONS. 

In this subtitle: 

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

‘‘Sabinoso Wilderness’’ and dated September 8, 2008. 

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

of the Interior. 

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

Mexico. 

SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS. 

(a) IN GENERAL.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 16,030 acres 

of land under the jurisdiction of the Taos Field Office Bureau 

of Land Management, New Mexico, as generally depicted on the 

map, is designated as wilderness and as a component of the 

National Wilderness Preservation System, to be known as the 

‘‘Sabinoso Wilderness’’. 

(b) MAP AND LEGAL DESCRIPTION.— 

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

of enactment of this Act, the Secretary shall file a map and 

a legal description of the Sabinoso Wilderness with— 

(A) the Committee on Energy and Natural Resources 

of the Senate; and 

(B) the Committee on Natural Resources of the House 

of Representatives. 

(2) FORCE OF LAW.—The map and legal description filed 

under paragraph (1) shall have the same force and effect as 

if included in this subtitle, except that the Secretary may 

correct any clerical and typographical errors in the map and 

legal description. 

(3) PUBLIC AVAILABILITY.—The map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the appropriate offices of the Bureau of 

Land Management. 

(c) ADMINISTRATION OF WILDERNESS.— 

(1) IN GENERAL.—Subject to valid existing rights, the 

Sabinoso Wilderness shall be administered by the Secretary 

in accordance with this subtitle and the Wilderness Act (16 

U.S.C. 1131 et seq.), except that— 

(A) any reference in the Wilderness Act to the effective 

date of that Act shall be considered to be a reference 

to the date of enactment of this Act; and 

(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference 

to the Secretary of the Interior. 

(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— Any land or interest in land within the boundary of the 

Sabinoso Wilderness that is acquired by the United States 

shall— 

(A) become part of the Sabinoso Wilderness; and 

(B) be managed in accordance with this subtitle and 

any other laws applicable to the Sabinoso Wilderness. 

16 USC 1132 

note. 


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(3) GRAZING.—The grazing of livestock in the Sabinoso 

Wilderness, if established before the date of enactment of this 

Act, shall be administered in accordance with— 

(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 

1133(d)(4)); and 

(B) the guidelines set forth in Appendix A of the report 

of the Committee on Interior and Insular Affairs of the 

House of Representatives accompanying H.R. 2570 of the 

101st Congress (H. Rept. 101–405). 

(4) FISH AND WILDLIFE.—In accordance with section 4(d)(7) 

of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 

subtitle affects the jurisdiction of the State with respect to 

fish and wildlife in the State. 

(5) ACCESS.— (A) IN GENERAL.—In accordance with section 5(a) of 

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

continue to allow private landowners adequate access to 

inholdings in the Sabinoso Wilderness. 

(B) CERTAIN LAND.—For access purposes, private land 

within T. 16 N., R. 23 E., secs. 17 and 20 and the N1⁄2

of sec. 21, N.M.M., shall be managed as an inholding in 

the Sabinoso Wilderness. 

(d) WITHDRAWAL.—Subject to valid existing rights, the land 

generally depicted on the map as ‘‘Lands Withdrawn From Mineral 

Entry’’ and ‘‘Lands Released From Wilderness Study Area & Withdrawn From Mineral Entry’’ is withdrawn from— 

(1) all forms of entry, appropriation, and disposal under 

the public land laws, except disposal by exchange in accordance 

with section 206 of the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1716); 

(2) location, entry, and patent under the mining laws; 

and 

(3) operation of the mineral materials and geothermal 

leasing laws. 

(e) RELEASE OF WILDERNESS STUDY AREAS.—Congress finds 

that, for the purposes of section 603(c) of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1782(c)), the public lands 

within the Sabinoso Wilderness Study Area not designated as 

wilderness by this subtitle— 

(1) have been adequately studied for wilderness designation 

and are no longer subject to section 603(c) of the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 

and 

(2) shall be managed in accordance with applicable law 

(including subsection (d)) and the land use management plan 

for the surrounding area. 

Subtitle H—Pictured Rocks National 

Lakeshore Wilderness 

SEC. 1651. DEFINITIONS. 

In this subtitle: 

(1) LINE OF DEMARCATION.—The term ‘‘line of demarcation’’ 

means the point on the bank or shore at which the surface 

waters of Lake Superior meet the land or sand beach, regardless 

of the level of Lake Superior. 


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(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Pictured Rocks National Lakeshore Beaver Basin Wilderness 

Boundary’’, numbered 625/80,051, and dated April 16, 2007. 

(3) NATIONAL LAKESHORE.—The term ‘‘National Lakeshore’’ 

means the Pictured Rocks National Lakeshore. 

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

of the Interior. 

(5) WILDERNESS.—The term ‘‘Wilderness’’ means the Beaver 

Basin Wilderness designated by section 1652(a). 

SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS. 

(a) IN GENERAL.—In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), the land described in subsection (b) is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ‘‘Beaver Basin Wilderness’’. 

(b) DESCRIPTION OF LAND.—The land referred to in subsection 

(a) is the land and inland water comprising approximately 11,740 

acres within the National Lakeshore, as generally depicted on the 

map. 

(c) BOUNDARY.— 

(1) LINE OF DEMARCATION.—The line of demarcation shall 

be the boundary for any portion of the Wilderness that is 

bordered by Lake Superior. 

(2) SURFACE WATER.—The surface water of Lake Superior, 

regardless of the fluctuating lake level, shall be considered 

to be outside the boundary of the Wilderness. 

(d) MAP AND LEGAL DESCRIPTION.— 

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

available for public inspection in the appropriate offices of 

the National Park Service. 

(2) LEGAL DESCRIPTION.—As soon as practicable after the 

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

the Committee on Energy and Natural Resources of the Senate 

and the Committee on Natural Resources of the House of Representatives a legal description of the boundary of the Wilderness. 

(3) FORCE AND EFFECT.—The map and the legal description 

submitted under paragraph (2) shall have the same force and 

effect as if included in this subtitle, except that the Secretary 

may correct any clerical or typographical errors in the map 

and legal description. 

SEC. 1653. ADMINISTRATION. 

(a) MANAGEMENT.—Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with 

the Wilderness Act (16 U.S.C. 1131 et seq.), except that— 

(1) any reference in that Act to the effective date of that 

Act shall be considered to be a reference to the date of enactment of this Act; and 

(2) with respect to land administered by the Secretary, 

any reference in that Act to the Secretary of Agriculture shall 

be considered to be a reference to the Secretary. 

(b) USE OF ELECTRIC MOTORS.—The use of boats powered by 

electric motors on Little Beaver and Big Beaver Lakes may continue, subject to any applicable laws (including regulations). 

16 USC 1132 

note. 

16 USC 1132 

note. 

16 USC 1132 

note. 


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SEC. 1654. EFFECT. 

Nothing in this subtitle— 

(1) modifies, alters, or affects any treaty rights; 

(2) alters the management of the water of Lake Superior 

within the boundary of the Pictured Rocks National Lakeshore 

in existence on the date of enactment of this Act; or 

(3) prohibits— 

(A) the use of motors on the surface water of Lake 

Superior adjacent to the Wilderness; or 

(B) the beaching of motorboats at the line of demarcation. 

Subtitle I—Oregon Badlands Wilderness 

SEC. 1701. DEFINITIONS. 

In this subtitle: 

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

Oregon Irrigation District. 

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

of the Interior. 

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

(4) WILDERNESS MAP.—The term ‘‘wilderness map’’ means 

the map entitled ‘‘Badlands Wilderness’’ and dated September 

3, 2008. 

SEC. 1702. OREGON BADLANDS WILDERNESS. 

(a) DESIGNATION.—In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), the approximately 29,301 acres of Bureau 

of Land Management land in the State, as generally depicted on 

the wilderness map, is designated as wilderness and as a component 

of the National Wilderness Preservation System, to be known as 

the ‘‘Oregon Badlands Wilderness’’. 

(b) ADMINISTRATION OF WILDERNESS.— 

(1) IN GENERAL.—Subject to valid existing rights, the 

Oregon Badlands Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 

et seq.), except that— 

(A) any reference in the Wilderness Act to the effective 

date of that Act shall be considered to be a reference 

to the date of enactment of this Act; and 

(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference 

to the Secretary of the Interior. 

(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 

Any land or interest in land within the boundary of the Oregon 

Badlands Wilderness that is acquired by the United States 

shall— 

(A) become part of the Oregon Badlands Wilderness; 

and 

(B) be managed in accordance with this subtitle, the 

Wilderness Act (16 U.S.C. 1131 et seq.), and any other 

applicable law. 

(3) GRAZING.—The grazing of livestock in the Oregon Badlands Wilderness, if established before the date of enactment 

of this Act, shall be permitted to continue subject to such 

16 USC 1132 

note. 


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reasonable regulations as are considered necessary by the Secretary in accordance with— 

(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 

1133(d)(4)); and 

(B) the guidelines set forth in Appendix A of the report 

of the Committee on Interior and Insular Affairs of the 

House of Representatives accompanying H.R. 2570 of the 

101st Congress (H. Rept. 101–405). 

(4) ACCESS TO PRIVATE PROPERTY.—In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the 

boundary of the Oregon Badlands Wilderness adequate access 

to the property. 

(c) POTENTIAL WILDERNESS.— 

(1) IN GENERAL.—In furtherance of the purposes of the 

Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain 

Federal land managed by the Bureau of Land Management 

with a width of 25 feet, as generally depicted on the wilderness 

map as ‘‘Potential Wilderness’’, is designated as potential 

wilderness. 

(2) INTERIM MANAGEMENT.—The potential wilderness designated by paragraph (1) shall be managed in accordance with 

the Wilderness Act (16 U.S.C. 1131 et seq.), except that the 

Secretary may allow nonconforming uses that are authorized 

and in existence on the date of enactment of this Act to continue 

in the potential wilderness. 

(3) DESIGNATION AS WILDERNESS.—On the date on which 

the Secretary publishes in the Federal Register notice that 

any nonconforming uses in the potential wilderness designated 

by paragraph (1) that are permitted under paragraph (2) have 

terminated, the potential wilderness shall be— 

(A) designated as wilderness and as a component of 

the National Wilderness Preservation System; and 

(B) incorporated into the Oregon Badlands Wilderness. 

(d) MAP AND LEGAL DESCRIPTION.— 

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

of enactment of this Act, the Secretary shall file a map and 

legal description of the Oregon Badlands Wilderness with— 

(A) the Committee on Energy and Natural Resources 

of the Senate; and 

(B) the Committee on Natural Resources of the House 

of Representatives. 

(2) FORCE OF LAW.—The map and legal description filed 

under paragraph (1) shall have the same force and effect as 

if included in this subtitle, except that the Secretary may 

correct typographical errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—The map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the appropriate offices of the Bureau of 

Land Management. 

SEC. 1703. RELEASE. 

(a) FINDING.—Congress finds that, for the purposes of section 

603(c) of the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1782(c)), the portions of the Badlands wilderness study 

area that are not designated as the Oregon Badlands Wilderness 

Federal Register, 

publication. 

Notice. 

16 USC 1132 

note. 


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or as potential wilderness have been adequately studied for wilderness or potential wilderness designation. 

(b) RELEASE.—Any public land described in subsection (a) that 

is not designated as wilderness by this subtitle— 

(1) is no longer subject to section 603(c) of the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 

and 

(2) shall be managed in accordance with the applicable 

land use plan adopted under section 202 of that Act (43 U.S.C. 

1712). 

SEC. 1704. LAND EXCHANGES. 

(a) CLARNO LAND EXCHANGE.— 

(1) CONVEYANCE OF LAND.—Subject to subsections (c) 

through (e), if the landowner offers to convey to the United 

States all right, title, and interest of the landowner in and 

to the non-Federal land described in paragraph (2)(A), the 

Secretary shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the non-Federal 

land, convey to the Landowner all right, title, and interest 

of the United States in and to the Federal land described 

in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal land 

referred to in paragraph (1) is the approximately 239 acres 

of non-Federal land identified on the wilderness map as 

‘‘Clarno to Federal Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in 

paragraph (1)(B) is the approximately 209 acres of Federal 

land identified on the wilderness map as ‘‘Federal Government to Clarno’’. 

(3) SURVEYS.—The exact acreage and legal description of 

the Federal land and non-Federal land described in paragraph 

(2) shall be determined by surveys approved by the Secretary. 

(b) DISTRICT EXCHANGE.— 

(1) CONVEYANCE OF LAND.—Subject to subsections (c) 

through (e), if the District offers to convey to the United States 

all right, title, and interest of the District in and to the nonFederal land described in paragraph (2)(A), the Secretary 

shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the non-Federal 

land, convey to the District all right, title, and interest 

of the United States in and to the Federal land described 

in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal land 

referred to in paragraph (1) is the approximately 527 acres 

of non-Federal land identified on the wilderness map as 

‘‘COID to Federal Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in 

paragraph (1)(B) is the approximately 697 acres of Federal 

land identified on the wilderness map as ‘‘Federal Government to COID’’. 


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(3) SURVEYS.—The exact acreage and legal description of 

the Federal land and non-Federal land described in paragraph 

(2) shall be determined by surveys approved by the Secretary. 

(c) APPLICABLE LAW.—Except as otherwise provided in this 

section, the Secretary shall carry out the land exchanges under 

this section in accordance with section 206 of the Federal Land 

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

(d) VALUATION, APPRAISALS, AND EQUALIZATION.— 

(1) IN GENERAL.—The value of the Federal land and the 

non-Federal land to be conveyed in a land exchange under 

this section— 

(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or 

(B) if not equal, shall be equalized in accordance with 

paragraph (3). 

(2) APPRAISALS.— 

(A) IN GENERAL.—The Federal land and the non-Federal land to be exchanged under this section shall be 

appraised by an independent, qualified appraiser that is 

agreed to by the Secretary and the owner of the nonFederal land to be exchanged. 

(B) REQUIREMENTS.—An appraisal under subparagraph 

(A) shall be conducted in accordance with— 

(i) the Uniform Appraisal Standards for Federal 

Land Acquisitions; and 

(ii) the Uniform Standards of Professional 

Appraisal Practice. 

(3) EQUALIZATION.— 

(A) IN GENERAL.—If the value of the Federal land 

and the non-Federal land to be conveyed in a land exchange 

under this section is not equal, the value may be equalized 

by— 

(i) making a cash equalization payment to the 

Secretary or to the owner of the non-Federal land, 

as appropriate, in accordance with section 206(b) of 

the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1716(b)); or 

(ii) reducing the acreage of the Federal land or 

the non-Federal land to be exchanged, as appropriate. 

(B) CASH EQUALIZATION PAYMENTS.—Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be— 

(i) deposited in the Federal Land Disposal Account 

established by section 206(a) of the Federal Land 

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

(ii) used in accordance with that Act. 

(e) CONDITIONS OF EXCHANGE.— 

(1) IN GENERAL.—The land exchanges under this section 

shall be subject to such terms and conditions as the Secretary 

may require. 

(2) COSTS.—As a condition of a conveyance of Federal land 

and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally 

share all costs relating to the land exchange, including the 

costs of appraisals, surveys, and any necessary environmental 

clearances. 


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(3) VALID EXISTING RIGHTS.—The exchange of Federal land 

and non-Federal land under this section shall be subject to 

any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act. 

(f) COMPLETION OF LAND EXCHANGE.—It is the intent of Congress that the land exchanges under this section shall be completed 

not later than 2 years after the date of enactment of this Act. 

SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS. 

Nothing in this subtitle alters, modifies, enlarges, diminishes, 

or abrogates the treaty rights of any Indian tribe, including the 

off-reservation reserved rights secured by the Treaty with the Tribes 

and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). 

Subtitle J—Spring Basin Wilderness, 

Oregon 

SEC. 1751. DEFINITIONS. 

In this subtitle: 

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

of the Interior. 

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

(3) TRIBES.—The term ‘‘Tribes’’ means the Confederated 

Tribes of the Warm Springs Reservation of Oregon. 

(4) WILDERNESS MAP.—The term ‘‘wilderness map’’ means 

the map entitled ‘‘Spring Basin Wilderness with Land Exchange 

Proposals’’ and dated September 3, 2008. 

SEC. 1752. SPRING BASIN WILDERNESS. 

(a) DESIGNATION.—In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), the approximately 6,382 acres of Bureau 

of Land Management land in the State, as generally depicted on 

the wilderness map, is designated as wilderness and as a component 

of the National Wilderness Preservation System, to be known as 

the ‘‘Spring Basin Wilderness’’. 

(b) ADMINISTRATION OF WILDERNESS.— 

(1) IN GENERAL.—Subject to valid existing rights, the Spring 

Basin Wilderness shall be administered by the Secretary in 

accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 

except that— 

(A) any reference in the Wilderness Act to the effective 

date of that Act shall be considered to be a reference 

to the date of enactment of this Act; and 

(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference 

to the Secretary of the Interior. 

(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 

Any land or interest in land within the boundary of the Spring 

Basin Wilderness that is acquired by the United States shall— 

(A) become part of the Spring Basin Wilderness; and 

(B) be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable 

law. 

(3) GRAZING.—The grazing of livestock in the Spring Basin 

Wilderness, if established before the date of enactment of this 

Act, shall be permitted to continue subject to such reasonable 

16 USC 1132 

note. 

Deadline. 


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regulations as are considered necessary by the Secretary, in 

accordance with— 

(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 

1133(d)(4)); and 

(B) the guidelines set forth in Appendix A of the report 

of the Committee on Interior and Insular Affairs of the 

House of Representatives accompanying H.R. 2570 of the 

101st Congress (H. Rept. 101–405). 

(c) MAP AND LEGAL DESCRIPTION.— (1) IN GENERAL.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall file a map and 

a legal description of the Spring Basin Wilderness with— 

(A) the Committee on Energy and Natural Resources 

of the Senate; and 

(B) the Committee on Natural Resources of the House 

of Representatives. 

(2) FORCE OF LAW.—The map and legal description filed 

under paragraph (1) shall have the same force and effect as 

if included in this section, except that the Secretary may correct 

any typographical errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—The map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the appropriate offices of the Bureau of 

Land Management. 

SEC. 1753. RELEASE. 

(a) FINDING.—Congress finds that, for the purposes of section 

603(c) of the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1782(c)), the portions of the Spring Basin wilderness 

study area that are not designated by section 1752(a) as the Spring 

Basin Wilderness in the following areas have been adequately 

studied for wilderness designation: 

(1) T. 8 S., R. 19 E., sec. 10, NE 1⁄4, W 1⁄2. (2) T. 8 S., R.19 E., sec. 25, SE 1⁄4, SE 1⁄4. (3) T. 8 S., R. 20 E., sec. 19, SE 1⁄4, S 1⁄2 of the S 1⁄2. (b) RELEASE.—Any public land described in subsection (a) that 

is not designated as wilderness by this subtitle— 

(1) is no longer subject to section 603(c) of the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 

and 

(2) shall be managed in accordance with the applicable 

land use plan adopted under section 202 of that Act (43 U.S.C. 

1712). 

SEC. 1754. LAND EXCHANGES. 

(a) CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION

LAND EXCHANGE.— (1) CONVEYANCE OF LAND.—Subject to subsections (e) 

through (g), if the Tribes offer to convey to the United States 

all right, title, and interest of the Tribes in and to the nonFederal land described in paragraph (2)(A), the Secretary 

shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the non-Federal 

land, convey to the Tribes all right, title, and interest 

of the United States in and to the Federal land described 

in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 


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(A) NON-FEDERAL LAND.—The non-Federal land 

referred to in paragraph (1) is the approximately 4,480 

acres of non-Federal land identified on the wilderness map 

as ‘‘Lands proposed for transfer from the CTWSIR to the 

Federal Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in 

paragraph (1)(B) is the approximately 4,578 acres of Federal land identified on the wilderness map as ‘‘Lands proposed for transfer from the Federal Government to 

CTWSIR’’. 

(3) SURVEYS.—The exact acreage and legal description of 

the Federal land and non-Federal land described in paragraph 

(2) shall be determined by surveys approved by the Secretary. 

(4) WITHDRAWAL.—Subject to valid existing rights, the land 

acquired by the Secretary under this subsection is withdrawn 

from all forms of— 

(A) entry, appropriation, or disposal under the public 

land laws; 

(B) location, entry, and patent under the mining laws; 

and 

(C) disposition under any law relating to mineral and 

geothermal leasing or mineral materials. 

(b) MCGREER LAND EXCHANGE.— 

(1) CONVEYANCE OF LAND.—Subject to subsections (e) 

through (g), if the landowner offers to convey to the United 

States all right, title, and interest of the landowner in and 

to the non-Federal land described in paragraph (2)(A), the 

Secretary shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the non-Federal 

land, convey to the landowner all right, title, and interest 

of the United States in and to the Federal land described 

in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal land 

referred to in paragraph (1) is the approximately 18 acres 

of non-Federal land identified on the wilderness map as 

‘‘Lands proposed for transfer from McGreer to the Federal 

Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in 

paragraph (1)(B) is the approximately 327 acres of Federal 

land identified on the wilderness map as ‘‘Lands proposed 

for transfer from the Federal Government to McGreer’’. 

(3) SURVEYS.—The exact acreage and legal description of 

the Federal land and non-Federal land described in paragraph 

(2) shall be determined by surveys approved by the Secretary. 

(c) KEYS LAND EXCHANGE.— 

(1) CONVEYANCE OF LAND.—Subject to subsections (e) 

through (g), if the landowner offers to convey to the United 

States all right, title, and interest of the landowner in and 

to the non-Federal land described in paragraph (2)(A), the 

Secretary shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the non-Federal 

land, convey to the landowner all right, title, and interest 

of the United States in and to the Federal land described 

in paragraph (2)(B). 


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(2) DESCRIPTION OF LAND.— (A) NON-FEDERAL LAND.—The non-Federal land 

referred to in paragraph (1) is the approximately 180 acres 

of non-Federal land identified on the wilderness map as 

‘‘Lands proposed for transfer from Keys to the Federal 

Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in 

paragraph (1)(B) is the approximately 187 acres of Federal 

land identified on the wilderness map as ‘‘Lands proposed 

for transfer from the Federal Government to Keys’’. 

(3) SURVEYS.—The exact acreage and legal description of 

the Federal land and non-Federal land described in paragraph 

(2) shall be determined by surveys approved by the Secretary. 

(d) BOWERMAN LAND EXCHANGE.— (1) CONVEYANCE OF LAND.—Subject to subsections (e) 

through (g), if the landowner offers to convey to the United 

States all right, title, and interest of the landowner in and 

to the non-Federal land described in paragraph (2)(A), the 

Secretary shall— 

(A) accept the offer; and 

(B) on receipt of acceptable title to the non-Federal 

land, convey to the landowner all right, title, and interest 

of the United States in and to the Federal land described 

in paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal land 

referred to in paragraph (1) is the approximately 32 acres 

of non-Federal land identified on the wilderness map as 

‘‘Lands proposed for transfer from Bowerman to the Federal 

Government’’. 

(B) FEDERAL LAND.—The Federal land referred to in 

paragraph (1)(B) is the approximately 24 acres of Federal 

land identified on the wilderness map as ‘‘Lands proposed 

for transfer from the Federal Government to Bowerman’’. 

(3) SURVEYS.—The exact acreage and legal description of 

the Federal land and non-Federal land described in paragraph 

(2) shall be determined by surveys approved by the Secretary. 

(e) APPLICABLE LAW.—Except as otherwise provided in this 

section, the Secretary shall carry out the land exchanges under 

this section in accordance with section 206 of the Federal Land 

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

(f) VALUATION, APPRAISALS, AND EQUALIZATION.— 

(1) IN GENERAL.—The value of the Federal land and the 

non-Federal land to be conveyed in a land exchange under 

this section— 

(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or 

(B) if not equal, shall be equalized in accordance with 

paragraph (3). 

(2) APPRAISALS.— 

(A) IN GENERAL.—The Federal land and the non-Federal land to be exchanged under this section shall be 

appraised by an independent, qualified appraiser that is 

agreed to by the Secretary and the owner of the nonFederal land to be exchanged. 

(B) REQUIREMENTS.—An appraisal under subparagraph 

(A) shall be conducted in accordance with— 


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(i) the Uniform Appraisal Standards for Federal 

Land Acquisitions; and 

(ii) the Uniform Standards of Professional 

Appraisal Practice. 

(3) EQUALIZATION.— 

(A) IN GENERAL.—If the value of the Federal land 

and the non-Federal land to be conveyed in a land exchange 

under this section is not equal, the value may be equalized 

by— 

(i) making a cash equalization payment to the 

Secretary or to the owner of the non-Federal land, 

as appropriate, in accordance with section 206(b) of 

the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1716(b)); or 

(ii) reducing the acreage of the Federal land or 

the non-Federal land to be exchanged, as appropriate. 

(B) CASH EQUALIZATION PAYMENTS.—Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be— 

(i) deposited in the Federal Land Disposal Account 

established by section 206(a) of the Federal Land 

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

(ii) used in accordance with that Act. 

(g) CONDITIONS OF EXCHANGE.— 

(1) IN GENERAL.—The land exchanges under this section 

shall be subject to such terms and conditions as the Secretary 

may require. 

(2) COSTS.—As a condition of a conveyance of Federal land 

and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally 

share all costs relating to the land exchange, including the 

costs of appraisals, surveys, and any necessary environmental 

clearances. 

(3) VALID EXISTING RIGHTS.—The exchange of Federal land 

and non-Federal land under this section shall be subject to 

any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act. 

(h) COMPLETION OF LAND EXCHANGE.—It is the intent of Congress that the land exchanges under this section shall be completed 

not later than 2 years after the date of enactment of this Act. 

SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS. 

Nothing in this subtitle alters, modifies, enlarges, diminishes, 

or abrogates the treaty rights of any Indian tribe, including the 

off-reservation reserved rights secured by the Treaty with the Tribes 

and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). 

Subtitle K—Eastern Sierra and Northern 

San Gabriel Wilderness, California 

SEC. 1801. DEFINITIONS. 

In this subtitle: 

(1) FOREST.—The term ‘‘Forest’’ means the Ancient 

Bristlecone Pine Forest designated by section 1808(a). 

16 USC 460vvv 

note. 

Deadline. 


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(2) RECREATION AREA.—The term ‘‘Recreation Area’’ means 

the Bridgeport Winter Recreation Area designated by section 

1806(a). 

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

(A) with respect to land under the jurisdiction of the 

Secretary of Agriculture, the Secretary of Agriculture; and 

(B) with respect to land under the jurisdiction of the 

Secretary of the Interior, the Secretary of the Interior. 

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

(5) TRAIL.—The term ‘‘Trail’’ means the Pacific Crest 

National Scenic Trail. 

SEC. 1802. DESIGNATION OF WILDERNESS AREAS. 

In accordance with the Wilderness Act (16 U.S.C. 1131 et 

seq.), the following areas in the State are designated as wilderness 

and as components of the National Wilderness Preservation System: 

(1) HOOVER WILDERNESS ADDITIONS.— 

(A) IN GENERAL.—Certain land in the HumboldtToiyabe and Inyo National Forests, comprising approximately 79,820 acres and identified as ‘‘Hoover East Wilderness Addition,’’ ‘‘Hoover West Wilderness Addition’’, and 

‘‘Bighorn Proposed Wilderness Addition’’, as generally 

depicted on the maps described in subparagraph (B), is 

incorporated in, and shall be considered to be a part of, 

the Hoover Wilderness. 

(B) DESCRIPTION OF MAPS.—The maps referred to in 

subparagraph (A) are— 

(i) the map entitled ‘‘Humboldt-Toiyabe National 

Forest Proposed Management’’ and dated September 

17, 2008; and 

(ii) the map entitled ‘‘Bighorn Proposed Wilderness 

Additions’’ and dated September 23, 2008. 

(C) EFFECT.—The designation of the wilderness under 

subparagraph (A) shall not affect the ongoing activities 

of the adjacent United States Marine Corps Mountain Warfare Training Center on land outside the designated wilderness, in accordance with the agreement between the Center 

and the Humboldt-Toiyabe National Forest. 

(2) OWENS RIVER HEADWATERS WILDERNESS.—Certain land 

in the Inyo National Forest, comprising approximately 14,721 

acres, as generally depicted on the map entitled ‘‘Owens River 

Headwaters Proposed Wilderness’’ and dated September 16, 

2008, which shall be known as the ‘‘Owens River Headwaters 

Wilderness’’. 

(3) JOHN MUIR WILDERNESS ADDITIONS.— 

(A) IN GENERAL.—Certain land in the Inyo National 

Forest and certain land administered by the Bureau of 

Land Management in Inyo County, California, comprising 

approximately 70,411 acres, as generally depicted on the 

maps described in subparagraph (B), is incorporated in, 

and shall be considered to be a part of, the John Muir 

Wilderness. 

(B) DESCRIPTION OF MAPS.—The maps referred to in 

subparagraph (A) are— 

(i) the map entitled ‘‘John Muir Proposed Wilderness Addition (1 of 5)’’ and dated September 23, 2008; 

16 USC 1132 

note. 


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(ii) the map entitled ‘‘John Muir Proposed Wilderness Addition (2 of 5)’’ and dated September 23, 2008; 

(iii) the map entitled ‘‘John Muir Proposed Wilderness Addition (3 of 5)’’ and dated October 31, 2008; 

(iv) the map entitled ‘‘John Muir Proposed Wilderness Addition (4 of 5)’’ and dated September 16, 2008; 

and 

(v) the map entitled ‘‘John Muir Proposed Wilderness Addition (5 of 5)’’ and dated September 16, 2008. 

(C) BOUNDARY REVISION.—The boundary of the John 

Muir Wilderness is revised as depicted on the map entitled 

‘‘John Muir Wilderness—Revised’’ and dated September 16, 

2008. 

(4) ANSEL ADAMS WILDERNESS ADDITION.—Certain land in 

the Inyo National Forest, comprising approximately 528 acres, 

as generally depicted on the map entitled ‘‘Ansel Adams Proposed Wilderness Addition’’ and dated September 16, 2008, 

is incorporated in, and shall be considered to be a part of, 

the Ansel Adams Wilderness. 

(5) WHITE MOUNTAINS WILDERNESS.— 

(A) IN GENERAL.—Certain land in the Inyo National 

Forest and certain land administered by the Bureau of 

Land Management in Mono County, California, comprising 

approximately 229,993 acres, as generally depicted on the 

maps described in subparagraph (B), which shall be known 

as the ‘‘White Mountains Wilderness’’. 

(B) DESCRIPTION OF MAPS.—The maps referred to in 

subparagraph (A) are— 

(i) the map entitled ‘‘White Mountains Proposed 

Wilderness-Map 1 of 2 (North)’’ and dated September 

16, 2008; and 

(ii) the map entitled ‘‘White Mountains Proposed 

Wilderness-Map 2 of 2 (South)’’ and dated September 

16, 2008. 

(6) GRANITE MOUNTAIN WILDERNESS.—Certain land in the 

Inyo National Forest and certain land administered by the 

Bureau of Land Management in Mono County, California, comprising approximately 34,342 acres, as generally depicted on 

the map entitled ‘‘Granite Mountain Wilderness’’ and dated 

September 19, 2008, which shall be known as the ‘‘Granite 

Mountain Wilderness’’. 

(7) MAGIC MOUNTAIN WILDERNESS.—Certain land in the 

Angeles National Forest, comprising approximately 12,282 

acres, as generally depicted on the map entitled ‘‘Magic Mountain Proposed Wilderness’’ and dated December 16, 2008, which 

shall be known as the ‘‘Magic Mountain Wilderness’’. 

(8) PLEASANT VIEW RIDGE WILDERNESS.—Certain land in 

the Angeles National Forest, comprising approximately 26,757 

acres, as generally depicted on the map entitled ‘‘Pleasant 

View Ridge Proposed Wilderness’’ and dated December 16, 2008, 

which shall be known as the ‘‘Pleasant View Ridge Wilderness’’. 

SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS. 

(a) MANAGEMENT.—Subject to valid existing rights, the Secretary shall administer the wilderness areas and wilderness additions designated by this subtitle in accordance with the Wilderness 

Act (16 U.S.C. 1131 et seq.), except that— 


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(1) any reference in that Act to the effective date shall 

be considered to be a reference to the date of enactment of 

this Act; and 

(2) any reference in that Act to the Secretary of Agriculture 

shall be considered to be a reference to the Secretary that 

has jurisdiction over the land. 

(b) MAP AND LEGAL DESCRIPTION.— 

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

of enactment of this Act, the Secretary shall file a map and 

legal description of each wilderness area and wilderness addition designated by this subtitle with— 

(A) the Committee on Natural Resources of the House 

of Representatives; and 

(B) the Committee on Energy and Natural Resources 

of the Senate. 

(2) FORCE OF LAW.—Each map and legal description filed 

under paragraph (1) shall have the same force and effect as 

if included in this subtitle, except that the Secretary may 

correct any errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—Each map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the appropriate offices of the Secretary. 

(c) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any 

land (or interest in land) within the boundary of a wilderness 

area or wilderness addition designated by this subtitle that is 

acquired by the Federal Government shall— 

(1) become part of the wilderness area in which the land 

is located; and 

(2) be managed in accordance with this subtitle, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable 

law. 

(d) WITHDRAWAL.—Subject to valid rights in existence on the 

date of enactment of this Act, any Federal land designated as 

a wilderness area or wilderness addition by this subtitle is withdrawn from— 

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

the public land laws; 

(2) location, entry, and patent under the mining laws; 

and 

(3) disposition under laws relating to mineral and geothermal leasing or mineral materials. 

(e) FIRE MANAGEMENT AND RELATED ACTIVITIES.— 

(1) IN GENERAL.—The Secretary may take such measures 

in a wilderness area or wilderness addition designated by this 

subtitle as are necessary for the control of fire, insects, and 

diseases in accordance with section 4(d)(1) of the Wilderness 

Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of the 

98th Congress. 

(2) FUNDING PRIORITIES.—Nothing in this subtitle limits 

funding for fire and fuels management in the wilderness areas 

and wilderness additions designated by this subtitle. 

(3) REVISION AND DEVELOPMENT OF LOCAL FIRE MANAGEMENT PLANS.—As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local fire 

management plans that apply to the land designated as a 

wilderness area or wilderness addition by this subtitle. 


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(4) ADMINISTRATION.—Consistent with paragraph (1) and 

other applicable Federal law, to ensure a timely and efficient 

response to fire emergencies in the wilderness areas and wilderness additions designated by this subtitle, the Secretary shall— 

(A) not later than 1 year after the date of enactment 

of this Act, establish agency approval procedures (including 

appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for 

responding to fire emergencies; and 

(B) enter into agreements with appropriate State or 

local firefighting agencies. 

(f) ACCESS TO PRIVATE PROPERTY.—The Secretary shall provide 

any owner of private property within the boundary of a wilderness 

area or wilderness addition designated by this subtitle adequate 

access to the property to ensure the reasonable use and enjoyment 

of the property by the owner. 

(g) MILITARY ACTIVITIES.—Nothing in this subtitle precludes— 

(1) low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by this subtitle; 

(2) the designation of new units of special airspace over 

the wilderness areas or wilderness additions designated by 

this subtitle; or 

(3) the use or establishment of military flight training 

routes over wilderness areas or wilderness additions designated 

by this subtitle. 

(h) LIVESTOCK.—Grazing of livestock and the maintenance of 

existing facilities relating to grazing in wilderness areas or wilderness additions designated by this subtitle, if established before 

the date of enactment of this Act, shall be permitted to continue 

in accordance with— 

(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 

1133(d)(4)); and 

(2) the guidelines set forth in Appendix A of the report 

of the Committee on Interior and Insular Affairs of the House 

of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405). 

(i) FISH AND WILDLIFE MANAGEMENT.— 

(1) IN GENERAL.—In furtherance of the purposes of the 

Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may 

carry out management activities to maintain or restore fish 

and wildlife populations and fish and wildlife habitats in wilderness areas or wilderness additions designated by this subtitle 

if the activities are— 

(A) consistent with applicable wilderness management 

plans; and 

(B) carried out in accordance with applicable guidelines 

and policies. 

(2) STATE JURISDICTION.—Nothing in this subtitle affects 

the jurisdiction of the State with respect to fish and wildlife 

on public land located in the State. 

(j) HORSES.—Nothing in this subtitle precludes horseback riding 

in, or the entry of recreational or commercial saddle or pack stock 

into, an area designated as wilderness or as a wilderness addition 

by this subtitle— 

(1) in accordance with section 4(d)(5) of the Wilderness 

Act (16 U.S.C. 1133(d)(5)); and 

Contracts. 

Deadline. 

Procedures. 


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(2) subject to any terms and conditions determined to be 

necessary by the Secretary. 

(k) OUTFITTER AND GUIDE USE.—Outfitter and guide activities 

conducted under permits issued by the Forest Service on the additions to the John Muir, Ansel Adams, and Hoover wilderness areas 

designated by this subtitle shall be in addition to any existing 

limits established for the John Muir, Ansel Adams, and Hoover 

wilderness areas. 

(l) TRANSFER TO THE FOREST SERVICE.— (1) WHITE MOUNTAINS WILDERNESS.—Administrative jurisdiction over the approximately 946 acres of land identified 

as ‘‘Transfer of Administrative Jurisdiction from BLM to FS’’ 

on the maps described in section 1802(5)(B) is transferred from 

the Bureau of Land Management to the Forest Service to 

be managed as part of the White Mountains Wilderness. 

(2) JOHN MUIR WILDERNESS.—Administrative jurisdiction 

over the approximately 143 acres of land identified as ‘‘Transfer 

of Administrative Jurisdiction from BLM to FS’’ on the maps 

described in section 1802(3)(B) is transferred from the Bureau 

of Land Management to the Forest Service to be managed 

as part of the John Muir Wilderness. 

(m) TRANSFER TO THE BUREAU OF LAND MANAGEMENT.— 

Administrative jurisdiction over the approximately 3,010 acres of 

land identified as ‘‘Land from FS to BLM’’ on the maps described 

in section 1802(6) is transferred from the Forest Service to the 

Bureau of Land Management to be managed as part of the Granite 

Mountain Wilderness. 

SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS. 

(a) FINDING.—Congress finds that, for purposes of section 603 

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

1782), any portion of a wilderness study area described in subsection 

(b) that is not designated as a wilderness area or wilderness addition by this subtitle or any other Act enacted before the date 

of enactment of this Act has been adequately studied for wilderness. 

(b) DESCRIPTION OF STUDY AREAS.—The study areas referred 

to in subsection (a) are— 

(1) the Masonic Mountain Wilderness Study Area; 

(2) the Mormon Meadow Wilderness Study Area; 

(3) the Walford Springs Wilderness Study Area; and 

(4) the Granite Mountain Wilderness Study Area. 

(c) RELEASE.—Any portion of a wilderness study area described 

in subsection (b) that is not designated as a wilderness area or 

wilderness addition by this subtitle or any other Act enacted before 

the date of enactment of this Act shall not be subject to section 

603(c) of the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1782(c)). 

SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS. 

(a) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) (as amended by section 1504(a)) is amended 

by adding at the end the following: 

‘‘(196) AMARGOSA RIVER, CALIFORNIA.—The following segments of the Amargosa River in the State of California, to 

be administered by the Secretary of the Interior: 

‘‘(A) The approximately 4.1-mile segment of the 

Amargosa River from the northern boundary of sec. 7, 


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T. 21 N., R. 7 E., to 100 feet upstream of the Tecopa 

Hot Springs road crossing, as a scenic river. 

‘‘(B) The approximately 8-mile segment of the 

Amargosa River from 100 feet downstream of the Tecopa 

Hot Springs Road crossing to 100 feet upstream of the 

Old Spanish Trail Highway crossing near Tecopa, as a 

scenic river. 

‘‘(C) The approximately 7.9-mile segment of the 

Amargosa River from the northern boundary of sec. 16, 

T. 20 N., R. 7 E., to .25 miles upstream of the confluence 

with Sperry Wash in sec. 10, T. 19 N., R. 7 E., as a 

wild river. 

‘‘(D) The approximately 4.9-mile segment of the 

Amargosa River from .25 miles upstream of the confluence 

with Sperry Wash in sec. 10, T. 19 N., R. 7 E. to 100 

feet upstream of the Dumont Dunes access road crossing 

in sec. 32, T. 19 N., R. 7 E., as a recreational river. 

‘‘(E) The approximately 1.4-mile segment of the 

Amargosa River from 100 feet downstream of the Dumont 

Dunes access road crossing in sec. 32, T. 19 N., R. 7 

E., as a recreational river. 

‘‘(197) OWENS RIVER HEADWATERS, CALIFORNIA.—The following segments of the Owens River in the State of California, 

to be administered by the Secretary of Agriculture: 

‘‘(A) The 2.3-mile segment of Deadman Creek from 

the 2-forked source east of San Joaquin Peak to the confluence with the unnamed tributary flowing north into 

Deadman Creek from sec. 12, T. 3 S., R. 26 E., as a 

wild river. 

‘‘(B) The 2.3-mile segment of Deadman Creek from 

the unnamed tributary confluence in sec. 12, T. 3 S., R. 

26 E., to the Road 3S22 crossing, as a scenic river. 

‘‘(C) The 4.1-mile segment of Deadman Creek from 

the Road 3S22 crossing to .25 miles downstream of the 

Highway 395 crossing, as a recreational river. 

‘‘(D) The 3-mile segment of Deadman Creek from .25 

miles downstream of the Highway 395 crossing to 100 

feet upstream of Big Springs, as a scenic river. 

‘‘(E) The 1-mile segment of the Upper Owens River 

from 100 feet upstream of Big Springs to the private property boundary in sec. 19, T. 2 S., R. 28 E., as a recreational 

river. 

‘‘(F) The 4-mile segment of Glass Creek from its 2- 

forked source to 100 feet upstream of the Glass Creek 

Meadow Trailhead parking area in sec. 29, T. 2 S., R.27 

E., as a wild river. 

‘‘(G) The 1.3-mile segment of Glass Creek from 100 

feet upstream of the trailhead parking area in sec. 29 

to the end of Glass Creek Road in sec. 21, T. 2 S., R. 

27 E., as a scenic river. 

‘‘(H) The 1.1-mile segment of Glass Creek from the 

end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E., 

to the confluence with Deadman Creek, as a recreational 

river. 

‘‘(198) COTTONWOOD CREEK, CALIFORNIA.—The following 

segments of Cottonwood Creek in the State of California: 


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‘‘(A) The 17.4-mile segment from its headwaters at 

the spring in sec. 27, T 4 S., R. 34 E., to the Inyo National 

Forest boundary at the east section line of sec 3, T. 6 

S., R. 36 E., as a wild river to be administered by the 

Secretary of Agriculture. 

‘‘(B) The 4.1-mile segment from the Inyo National 

Forest boundary to the northern boundary of sec. 5, T.4 

S., R. 34 E., as a recreational river, to be administered 

by the Secretary of the Interior. 

‘‘(199) PIRU CREEK, CALIFORNIA.—The following segments 

of Piru Creek in the State of California, to be administered 

by the Secretary of Agriculture: 

‘‘(A) The 3-mile segment of Piru Creek from 0.5 miles 

downstream of Pyramid Dam at the first bridge crossing 

to the boundary of the Sespe Wilderness, as a recreational 

river. 

‘‘(B) The 4.25-mile segment from the boundary of the 

Sespe Wilderness to the boundary between Los Angeles 

and Ventura Counties, as a wild river.’’. 

(b) EFFECT.—The designation of Piru Creek under subsection 

(a) shall not affect valid rights in existence on the date of enactment 

of this Act. 

SEC. 1806. BRIDGEPORT WINTER RECREATION AREA. 

(a) DESIGNATION.—The approximately 7,254 acres of land in 

the Humboldt-Toiyabe National Forest identified as the ‘‘Bridgeport 

Winter Recreation Area’’, as generally depicted on the map entitled 

‘‘Humboldt-Toiyabe National Forest Proposed Management’’ and 

dated September 17, 2008, is designated as the Bridgeport Winter 

Recreation Area. 

(b) MAP AND LEGAL DESCRIPTION.— 

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

of enactment of this Act, the Secretary shall file a map and 

legal description of the Recreation Area with— 

(A) the Committee on Natural Resources of the House 

of Representatives; and 

(B) the Committee on Energy and Natural Resources 

of the Senate. 

(2) FORCE OF LAW.—The map and legal description filed 

under paragraph (1) shall have the same force and effect as 

if included in this subtitle, except that the Secretary may 

correct any errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—The map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the appropriate offices of the Forest Service. 

(c) MANAGEMENT.— 

(1) INTERIM MANAGEMENT.—Until completion of the 

management plan required under subsection (d), and except 

as provided in paragraph (2), the Recreation Area shall be 

managed in accordance with the Toiyabe National Forest Land 

and Resource Management Plan of 1986 (as in effect on the 

day of enactment of this Act). 

(2) USE OF SNOWMOBILES.—The winter use of snowmobiles 

shall be allowed in the Recreation Area— 

(A) during periods of adequate snow coverage during 

the winter season; and 

16 USC 460vvv. 

16 USC 1274 

note. 


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(B) subject to any terms and conditions determined 

to be necessary by the Secretary. 

(d) MANAGEMENT PLAN.—To ensure the sound management 

and enforcement of the Recreation Area, the Secretary shall, not 

later than 1 year after the date of enactment of this Act, undergo 

a public process to develop a winter use management plan that 

provides for— 

(1) adequate signage; 

(2) a public education program on allowable usage areas; 

(3) measures to ensure adequate sanitation; 

(4) a monitoring and enforcement strategy; and 

(5) measures to ensure the protection of the Trail. 

(e) ENFORCEMENT.—The Secretary shall prioritize enforcement 

activities in the Recreation Area— 

(1) to prohibit degradation of natural resources in the 

Recreation Area; 

(2) to prevent interference with nonmotorized recreation 

on the Trail; and 

(3) to reduce user conflicts in the Recreation Area. 

(f) PACIFIC CREST NATIONAL SCENIC TRAIL.—The Secretary 

shall establish an appropriate snowmobile crossing point along the 

Trail in the area identified as ‘‘Pacific Crest Trail Proposed Crossing 

Area’’ on the map entitled ‘‘Humboldt-Toiyable National Forest 

Proposed Management’’ and dated September 17, 2008— 

(1) in accordance with— 

(A) the National Trails System Act (16 U.S.C. 1241 

et seq.); and 

(B) any applicable environmental and public safety 

laws; and 

(2) subject to the terms and conditions the Secretary determines to be necessary to ensure that the crossing would not— 

(A) interfere with the nature and purposes of the Trail; 

or 

(B) harm the surrounding landscape. 

SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE 

NATIONAL FOREST. 

Certain land in the Humboldt-Toiyabe National Forest, comprising approximately 3,690 acres identified as ‘‘Pickel Hill Management Area’’, as generally depicted on the map entitled ‘‘HumboldtToiyabe National Forest Proposed Management’’ and dated September 17, 2008, shall be managed in a manner consistent with 

the non-Wilderness forest areas immediately surrounding the Pickel 

Hill Management Area, including the allowance of snowmobile use. 

SEC. 1808. ANCIENT BRISTLECONE PINE FOREST. 

(a) DESIGNATION.—To conserve and protect the Ancient 

Bristlecone Pines by maintaining near-natural conditions and to 

ensure the survival of the Pines for the purposes of public enjoyment 

and scientific study, the approximately 31,700 acres of public land 

in the State, as generally depicted on the map entitled ‘‘Ancient 

Bristlecone Pine Forest—Proposed’’ and dated July 16, 2008, is 

designated as the ‘‘Ancient Bristlecone Pine Forest’’. 

(b) MAP AND LEGAL DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable, but not later 

than 3 years after the date of enactment of this Act, the 

Secretary shall file a map and legal description of the Forest 

with— 

Deadline. 

16 USC 539o. 

Deadline. 


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(A) the Committee on Natural Resources of the House 

of Representatives; and 

(B) the Committee on Energy and Natural Resources 

of the Senate. 

(2) FORCE OF LAW.—The map and legal description filed 

under paragraph (1) shall have the same force and effect as 

if included in this subtitle, except that the Secretary may 

correct any errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—The map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the appropriate offices of the Forest Service. 

(c) MANAGEMENT.— (1) IN GENERAL.—The Secretary shall administer the 

Forest— 

(A) in a manner that— 

(i) protect the resources and values of the area 

in accordance with the purposes for which the Forest 

is established, as described in subsection (a); and 

(ii) promotes the objectives of the applicable 

management plan (as in effect on the date of enactment 

of this Act), including objectives relating to— 

(I) the protection of bristlecone pines for public 

enjoyment and scientific study; 

(II) the recognition of the botanical, scenic, 

and historical values of the area; and 

(III) the maintenance of near-natural conditions by ensuring that all activities are subordinate 

to the needs of protecting and preserving 

bristlecone pines and wood remnants; and 

(B) in accordance with the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), this section, 

and any other applicable laws. 

(2) USES.— (A) IN GENERAL.—The Secretary shall allow only such 

uses of the Forest as the Secretary determines would further the purposes for which the Forest is established, as 

described in subsection (a). 

(B) SCIENTIFIC RESEARCH.—Scientific research shall be 

allowed in the Forest in accordance with the Inyo National 

Forest Land and Resource Management Plan (as in effect 

on the date of enactment of this Act). 

(3) WITHDRAWAL.—Subject to valid existing rights, all Federal land within the Forest is withdrawn from— 

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

the public land laws; 

(B) location, entry, and patent under the mining laws; 

and 

(C) disposition under all laws relating to mineral and 

geothermal leasing or mineral materials. 

Subtitle L—Riverside County Wilderness, 

California 

SEC. 1851. WILDERNESS DESIGNATION. 

(a) DEFINITION OF SECRETARY.—In this section, the term ‘‘Secretary’’ means— 


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(1) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and 

(2) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. 

(b) DESIGNATION OF WILDERNESS, CLEVELAND AND SAN

BERNARDINO NATIONAL FORESTS, JOSHUA TREE NATIONAL PARK, AND BUREAU OF LAND MANAGEMENT LAND IN RIVERSIDE COUNTY, CALIFORNIA.— (1) DESIGNATIONS.— (A) AGUA TIBIA WILDERNESS ADDITIONS.—In accordance 

with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 

land in the Cleveland National Forest and certain land 

administered by the Bureau of Land Management in Riverside County, California, together comprising approximately 

2,053 acres, as generally depicted on the map titled ‘‘Proposed Addition to Agua Tibia Wilderness’’, and dated May 

9, 2008, is designated as wilderness and is incorporated 

in, and shall be deemed to be a part of, the Agua Tibia 

Wilderness designated by section 2(a) of Public Law 93– 

632 (88 Stat. 2154; 16 U.S.C. 1132 note). 

(B) CAHUILLA MOUNTAIN WILDERNESS.—In accordance 

with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 

land in the San Bernardino National Forest, California, 

comprising approximately 5,585 acres, as generally 

depicted on the map titled ‘‘Cahuilla Mountain Proposed 

Wilderness’’, and dated May 1, 2008, is designated as 

wilderness and, therefore, as a component of the National 

Wilderness Preservation System, which shall be known 

as the ‘‘Cahuilla Mountain Wilderness’’. 

(C) SOUTH FORK SAN JACINTO WILDERNESS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 

certain land in the San Bernardino National Forest, California, comprising approximately 20,217 acres, as generally 

depicted on the map titled ‘‘South Fork San Jacinto Proposed Wilderness’’, and dated May 1, 2008, is designated 

as wilderness and, therefore, as a component of the 

National Wilderness Preservation System, which shall be 

known as the ‘‘South Fork San Jacinto Wilderness’’. 

(D) SANTA ROSA WILDERNESS ADDITIONS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 

certain land in the San Bernardino National Forest, California, and certain land administered by the Bureau of 

Land Management in Riverside County, California, comprising approximately 2,149 acres, as generally depicted 

on the map titled ‘‘Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa Wilderness Addition’’, 

and dated March 12, 2008, is designated as wilderness 

and is incorporated in, and shall be deemed to be a part 

of, the Santa Rosa Wilderness designated by section 

101(a)(28) of Public Law 98–425 (98 Stat. 1623; 16 U.S.C. 

1132 note) and expanded by paragraph (59) of section 102 

of Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132 

note). 

(E) BEAUTY MOUNTAIN WILDERNESS.—In accordance 

with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 

land administered by the Bureau of Land Management 

in Riverside County, California, comprising approximately 

16 USC 1132 

note. 


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15,621 acres, as generally depicted on the map titled 

‘‘Beauty Mountain Proposed Wilderness’’, and dated April 

3, 2007, is designated as wilderness and, therefore, as 

a component of the National Wilderness Preservation 

System, which shall be known as the ‘‘Beauty Mountain 

Wilderness’’. 

(F) JOSHUA TREE NATIONAL PARK WILDERNESS ADDITIONS.—In accordance with the Wilderness Act (16 U.S.C. 

1131 et seq.), certain land in Joshua Tree National Park, 

comprising approximately 36,700 acres, as generally 

depicted on the map numbered 156/80,055, and titled 

‘‘Joshua Tree National Park Proposed Wilderness Additions’’, and dated March 2008, is designated as wilderness 

and is incorporated in, and shall be deemed to be a part 

of, the Joshua Tree Wilderness designated by section 1(g) 

of Public Law 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note). 

(G) OROCOPIA MOUNTAINS WILDERNESS ADDITIONS.—In 

accordance with the Wilderness Act (16 U.S.C. 1131 et 

seq.), certain land administered by the Bureau of Land 

Management in Riverside County, California, comprising 

approximately 4,635 acres, as generally depicted on the 

map titled ‘‘Orocopia Mountains Proposed Wilderness Addition’’, and dated May 8, 2008, is designated as wilderness 

and is incorporated in, and shall be deemed to be a part 

of, the Orocopia Mountains Wilderness as designated by 

paragraph (44) of section 102 of Public Law 103–433 (108 

Stat. 4472; 16 U.S.C. 1132 note), except that the wilderness 

boundaries established by this subsection in Township 7 

South, Range 13 East, exclude— 

(i) a corridor 250 feet north of the centerline of 

the Bradshaw Trail; 

(ii) a corridor 250 feet from both sides of the centerline of the vehicle route in the unnamed wash that 

flows between the Eagle Mountain Railroad on the 

south and the existing Orocopia Mountains Wilderness 

boundary; and 

(iii) a corridor 250 feet from both sides of the 

centerline of the vehicle route in the unnamed wash 

that flows between the Chocolate Mountain Aerial 

Gunnery Range on the south and the existing Orocopia 

Mountains Wilderness boundary. 

(H) PALEN/MCCOY WILDERNESS ADDITIONS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 

certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 22,645 acres, as generally depicted on the map 

titled ‘‘Palen-McCoy Proposed Wilderness Additions’’, and 

dated May 8, 2008, is designated as wilderness and is 

incorporated in, and shall be deemed to be a part of, 

the Palen/McCoy Wilderness as designated by paragraph 

(47) of section 102 of Public Law 103–433 (108 Stat. 4472; 

16 U.S.C. 1132 note). 

(I) PINTO MOUNTAINS WILDERNESS.—In accordance with 

the Wilderness Act (16 U.S.C. 1131 et seq.), certain land 

administered by the Bureau of Land Management in Riverside County, California, comprising approximately 24,404 


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acres, as generally depicted on the map titled ‘‘Pinto Mountains Proposed Wilderness’’, and dated February 21, 2008, 

is designated as wilderness and, therefore, as a component 

of the National Wilderness Preservation System, which 

shall be known as the ‘‘Pinto Mountains Wilderness’’. 

(J) CHUCKWALLA MOUNTAINS WILDERNESS ADDITIONS.— In accordance with the Wilderness Act (16 U.S.C. 1131 

et seq.), certain land administered by the Bureau of Land 

Management in Riverside County, California, comprising 

approximately 12,815 acres, as generally depicted on the 

map titled ‘‘Chuckwalla Mountains Proposed Wilderness 

Addition’’, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be 

a part of the Chuckwalla Mountains Wilderness as designated by paragraph (12) of section 102 of Public Law 

103–433 (108 Stat. 4472; 16 U.S.C. 1132 note). 

(2) MAPS AND DESCRIPTIONS.— 

(A) IN GENERAL.—As soon as practicable after the date 

of the enactment of this Act, the Secretary shall file a 

map and legal description of each wilderness area and 

wilderness addition designated by this section with the 

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

Resources of the Senate. 

(B) FORCE OF LAW.—A map and legal description filed 

under subparagraph (A) shall have the same force and 

effect as if included in this section, except that the Secretary may correct errors in the map and legal description. 

(C) PUBLIC AVAILABILITY.—Each map and legal description filed under subparagraph (A) shall be filed and made 

available for public inspection in the appropriate office 

of the Secretary. 

(3) UTILITY FACILITIES.—Nothing in this section prohibits 

the construction, operation, or maintenance, using standard 

industry practices, of existing utility facilities located outside 

of the wilderness areas and wilderness additions designated 

by this section. 

(c) JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.— 

(1) DESIGNATION OF POTENTIAL WILDERNESS.—Certain land 

in the Joshua Tree National Park, comprising approximately 

43,300 acres, as generally depicted on the map numbered 156/ 

80,055, and titled ‘‘Joshua Tree National Park Proposed Wilderness Additions’’, and dated March 2008, is designated potential 

wilderness and shall be managed by the Secretary of the 

Interior insofar as practicable as wilderness until such time 

as the land is designated as wilderness pursuant to paragraph 

(2). 

(2) DESIGNATION AS WILDERNESS.—The land designated 

potential wilderness by paragraph (1) shall be designated as 

wilderness and incorporated in, and be deemed to be a part 

of, the Joshua Tree Wilderness designated by section 1(g) of 

Public Law 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary of the Interior in the 

Federal Register of a notice that— 

(A) all uses of the land within the potential wilderness 

prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) 

have ceased; and 

Effective date. 

Federal Register, 

publication. 

Notice. 

16 USC 1132 

note. 


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(B) sufficient inholdings within the boundaries of the 

potential wilderness have been acquired to establish a 

manageable wilderness unit. 

(3) MAP AND DESCRIPTION.— (A) IN GENERAL.—As soon as practicable after the date 

on which the notice required by paragraph (2) is published 

in the Federal Register, the Secretary shall file a map 

and legal description of the land designated as wilderness 

and potential wilderness by this section with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources 

of the Senate. 

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

filed under subparagraph (A) shall have the same force 

and effect as if included in this section, except that the 

Secretary may correct errors in the map and legal description. 

(C) PUBLIC AVAILABILITY.—Each map and legal description filed under subparagraph (A) shall be filed and made 

available for public inspection in the appropriate office 

of the Secretary. 

(d) ADMINISTRATION OF WILDERNESS.— 

(1) MANAGEMENT.—Subject to valid existing rights, the land 

designated as wilderness or as a wilderness addition by this 

section shall be administered by the Secretary in accordance 

with the Wilderness Act (16 U.S.C. 1131 et seq.), except that— 

(A) any reference in that Act to the effective date 

of that Act shall be deemed to be a reference to— 

(i) the date of the enactment of this Act; or 

(ii) in the case of the wilderness addition designated by subsection (c), the date on which the notice 

required by such subsection is published in the Federal 

Register; and 

(B) any reference in that Act to the Secretary of Agriculture shall be deemed to be a reference to the Secretary 

that has jurisdiction over the land. 

(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 

Any land within the boundaries of a wilderness area or wilderness addition designated by this section that is acquired by 

the United States shall— 

(A) become part of the wilderness area in which the 

land is located; and 

(B) be managed in accordance with this section, the 

Wilderness Act (16 U.S.C. 1131 et seq.), and any other 

applicable law. 

(3) WITHDRAWAL.—Subject to valid rights in existence on 

the date of enactment of this Act, the land designated as 

wilderness by this section is withdrawn from all forms of— 

(A) entry, appropriation, or disposal under the public 

land laws; 

(B) location, entry, and patent under the mining laws; 

and 

(C) disposition under all laws pertaining to mineral 

and geothermal leasing or mineral materials. 

(4) FIRE MANAGEMENT AND RELATED ACTIVITIES.— (A) IN GENERAL.—The Secretary may take such measures in a wilderness area or wilderness addition designated 


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by this section as are necessary for the control of fire, 

insects, and diseases in accordance with section 4(d)(1) 

of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House 

Report 98–40 of the 98th Congress. 

(B) FUNDING PRIORITIES.—Nothing in this section limits 

funding for fire and fuels management in the wilderness 

areas and wilderness additions designated by this section. 

(C) REVISION AND DEVELOPMENT OF LOCAL FIRE

MANAGEMENT PLANS.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall amend the 

local fire management plans that apply to the land designated as a wilderness area or wilderness addition by 

this section. 

(D) ADMINISTRATION.—Consistent with subparagraph 

(A) and other applicable Federal law, to ensure a timely 

and efficient response to fire emergencies in the wilderness 

areas and wilderness additions designated by this section, 

the Secretary shall— 

(i) not later than 1 year after the date of enactment 

of this Act, establish agency approval procedures 

(including appropriate delegations of authority to the 

Forest Supervisor, District Manager, or other agency 

officials) for responding to fire emergencies; and 

(ii) enter into agreements with appropriate State 

or local firefighting agencies. 

(5) GRAZING.—Grazing of livestock in a wilderness area 

or wilderness addition designated by this section shall be 

administered in accordance with the provisions of section 4(d)(4) 

of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines 

set forth in House Report 96–617 to accompany H.R. 5487 

of the 96th Congress. 

(6) NATIVE AMERICAN USES AND INTERESTS.— 

(A) ACCESS AND USE.—To the extent practicable, the 

Secretary shall ensure access to the Cahuilla Mountain 

Wilderness by members of an Indian tribe for traditional 

cultural purposes. In implementing this paragraph, the 

Secretary, upon the request of an Indian tribe, may temporarily close to the general public use of one or more specific 

portions of the wilderness area in order to protect the 

privacy of traditional cultural activities in such areas by 

members of the Indian tribe. Any such closure shall be 

made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall 

be consistent with the purpose and intent of Public Law 

95–341 (42 U.S.C. 1996), commonly referred to as the American Indian Religious Freedom Act, and the Wilderness 

Act (16 U.S.C. 1131 et seq.). 

(B) INDIAN TRIBE DEFINED.—In this paragraph, the 

term ‘‘Indian tribe’’ means any Indian tribe, band, nation, 

or other organized group or community of Indians which 

is recognized as eligible by the Secretary of the Interior 

for the special programs and services provided by the 

United States to Indians because of their status as Indians. 

(7) MILITARY ACTIVITIES.—Nothing in this section precludes— 

Contracts. 

Deadline. 

Procedures. 


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(A) low-level overflights of military aircraft over the 

wilderness areas or wilderness additions designated by this 

section; 

(B) the designation of new units of special airspace 

over the wilderness areas or wilderness additions designated by this section; or 

(C) the use or establishment of military flight training 

routes over wilderness areas or wilderness additions designated by this section. 

SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE 

COUNTY, CALIFORNIA. 

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

1274(a)) (as amended by section 1805) is amended by adding at 

the end the following new paragraphs: 

‘‘(200) NORTH FORK SAN JACINTO RIVER, CALIFORNIA.—The following segments of the North Fork San Jacinto River in the State 

of California, to be administered by the Secretary of Agriculture: 

‘‘(A) The 2.12-mile segment from the source of the North 

Fork San Jacinto River at Deer Springs in Mt. San Jacinto 

State Park to the State Park boundary, as a wild river. 

‘‘(B) The 1.66-mile segment from the Mt. San Jacinto State 

Park boundary to the Lawler Park boundary in section 26, 

township 4 south, range 2 east, San Bernardino meridian, 

as a scenic river. 

‘‘(C) The 0.68-mile segment from the Lawler Park boundary 

to its confluence with Fuller Mill Creek, as a recreational 

river. 

‘‘(D) The 2.15-mile segment from its confluence with Fuller 

Mill Creek to .25 miles upstream of the 5S09 road crossing, 

as a wild river. 

‘‘(E) The 0.6-mile segment from .25 miles upstream of the 

5S09 road crossing to its confluence with Stone Creek, as a 

scenic river. 

‘‘(F) The 2.91-mile segment from the Stone Creek confluence to the northern boundary of section 17, township 5 

south, range 2 east, San Bernardino meridian, as a wild river. 

‘‘(201) FULLER MILL CREEK, CALIFORNIA.—The following segments of Fuller Mill Creek in the State of California, to be administered by the Secretary of Agriculture: 

‘‘(A) The 1.2-mile segment from the source of Fuller Mill 

Creek in the San Jacinto Wilderness to the Pinewood property 

boundary in section 13, township 4 south, range 2 east, San 

Bernardino meridian, as a scenic river. 

‘‘(B) The 0.9-mile segment in the Pine Wood property, as 

a recreational river. 

‘‘(C) The 1.4-mile segment from the Pinewood property 

boundary in section 23, township 4 south, range 2 east, San 

Bernardino meridian, to its confluence with the North Fork 

San Jacinto River, as a scenic river. 

‘‘(202) PALM CANYON CREEK, CALIFORNIA.—The 8.1-mile segment of Palm Canyon Creek in the State of California from the 

southern boundary of section 6, township 7 south, range 5 east, 

San Bernardino meridian, to the San Bernardino National Forest 

boundary in section 1, township 6 south, range 4 east, San 

Contracts. 


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Bernardino meridian, to be administered by the Secretary of Agriculture as a wild river, and the Secretary shall enter into a cooperative management agreement with the Agua Caliente Band of 

Cahuilla Indians to protect and enhance river values. 

‘‘(203) BAUTISTA CREEK, CALIFORNIA.—The 9.8-mile segment 

of Bautista Creek in the State of California from the San Bernardino 

National Forest boundary in section 36, township 6 south, range 

2 east, San Bernardino meridian, to the San Bernardino National 

Forest boundary in section 2, township 6 south, range 1 east, 

San Bernardino meridian, to be administered by the Secretary 

of Agriculture as a recreational river.’’. 

SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA 

AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT. 

(a) BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO

MOUNTAINS NATIONAL MONUMENT.—Section 2 of the Santa Rosa 

and San Jacinto Mountains National Monument Act of 2000 (Public 

Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended 

by adding at the end the following new subsection: 

‘‘(e) EXPANSION OF BOUNDARIES.—In addition to the land 

described in subsection (c), the boundaries of the National Monument shall include the following lands identified as additions to 

the National Monument on the map titled ‘Santa Rosa-San Jacinto 

National Monument Expansion and Santa Rosa Wilderness Addition’, and dated March 12, 2008: 

‘‘(1) The ‘Santa Rosa Peak Area Monument Expansion’. 

‘‘(2) The ‘Snow Creek Area Monument Expansion’. 

‘‘(3) The ‘Tahquitz Peak Area Monument Expansion’. 

‘‘(4) The ‘Southeast Area Monument Expansion’, which is 

designated as wilderness in section 512(d), and is thus incorporated into, and shall be deemed part of, the Santa Rosa 

Wilderness.’’. 

(b) TECHNICAL AMENDMENTS TO THE SANTA ROSA AND SAN

JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000.—Section 

7(d) of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 

431 note) is amended by striking ‘‘eight’’ and inserting ‘‘a majority 

of the appointed’’. 

Subtitle M—Sequoia and Kings Canyon 

National Parks Wilderness, California 

SEC. 1901. DEFINITIONS. 

In this subtitle: 

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

of the Interior. 

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

SEC. 1902. DESIGNATION OF WILDERNESS AREAS. 

In accordance with the Wilderness Act (16 U.S.C. 1131 et 

seq.), the following areas in the State are designated as wilderness 

areas and as components of the National Wilderness Preservation 

System: 

(1) JOHN KREBS WILDERNESS.— (A) DESIGNATION.—Certain land in Sequoia and Kings 

Canyon National Parks, comprising approximately 39,740 

16 USC 1132 

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acres of land, and 130 acres of potential wilderness additions as generally depicted on the map numbered 102/ 

60014b, titled ‘‘John Krebs Wilderness’’, and dated September 16, 2008. 

(B) EFFECT.—Nothing in this paragraph affects— 

(i) the cabins in, and adjacent to, Mineral King 

Valley; or 

(ii) the private inholdings known as ‘‘Silver City’’ 

and ‘‘Kaweah Han’’. 

(C) POTENTIAL WILDERNESS ADDITIONS.—The designation of the potential wilderness additions under subparagraph (A) shall not prohibit the operation, maintenance, 

and repair of the small check dams and water impoundments on Lower Franklin Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The Secretary is authorized 

to allow the use of helicopters for the operation, maintenance, and repair of the small check dams and water 

impoundments on Lower Franklin Lake, Crystal Lake, 

Upper Monarch Lake, and Eagle Lake. The potential 

wilderness additions shall be designated as wilderness and 

incorporated into the John Krebs Wilderness established 

by this section upon termination of the non-conforming 

uses. 

(2) SEQUOIA-KINGS CANYON WILDERNESS ADDITION.—Certain 

land in Sequoia and Kings Canyon National Parks, California, 

comprising approximately 45,186 acres as generally depicted 

on the map titled ‘‘Sequoia-Kings Canyon Wilderness Addition’’, 

numbered 102/60015a, and dated March 10, 2008, is incorporated in, and shall be considered to be a part of, the SequoiaKings Canyon Wilderness. 

(3) RECOMMENDED WILDERNESS.—Land in Sequoia and 

Kings Canyon National Parks that was managed as of the 

date of enactment of this Act as recommended or proposed 

wilderness but not designated by this section as wilderness 

shall continue to be managed as recommended or proposed 

wilderness, as appropriate. 

SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS. 

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

designated as wilderness by this subtitle shall be administered 

by the Secretary in accordance with the Wilderness Act (16 U.S.C. 

1131 et seq.), except that any reference in the Wilderness Act 

to the effective date of the Wilderness Act shall be considered 

to be a reference to the date of enactment of this Act. 

(b) MAP AND LEGAL DESCRIPTION.— 

(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION.—As soon 

as practicable, but not later than 3 years, after the date of 

enactment of this Act, the Secretary shall file a map and 

legal description of each area designated as wilderness by this 

subtitle with— 

(A) the Committee on Energy and Natural Resources 

of the Senate; and 

(B) the Committee on Natural Resources of the House 

of Representatives. 

(2) FORCE AND EFFECT.—The map and legal description 

filed under paragraph (1) shall have the same force and effect 

as if included in this subtitle, except that the Secretary may 

Deadline. 

16 USC 1132 

note. 


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correct any clerical or typographical error in the map or legal 

description. 

(3) PUBLIC AVAILABILITY.—The map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the Office of the Secretary. 

(c) HYDROLOGIC, METEOROLOGIC, AND CLIMATOLOGICAL

DEVICES, FACILITIES, AND ASSOCIATED EQUIPMENT.—The Secretary 

shall continue to manage maintenance and access to hydrologic, 

meteorologic, and climatological devices, facilities and associated 

equipment consistent with House Report 98–40. 

(d) AUTHORIZED ACTIVITIES OUTSIDE WILDERNESS.—Nothing in 

this subtitle precludes authorized activities conducted outside of 

an area designated as wilderness by this subtitle by cabin owners 

(or designees) in the Mineral King Valley area or property owners 

or lessees (or designees) in the Silver City inholding, as identified 

on the map described in section 1902(1)(A). 

(e) HORSEBACK RIDING.—Nothing in this subtitle precludes 

horseback riding in, or the entry of recreational or commercial 

saddle or pack stock into, an area designated as wilderness by 

this subtitle— 

(1) in accordance with section 4(d)(5) of the Wilderness 

Act (16 U.S.C. 1133(d)(5)); and 

(2) subject to any terms and conditions determined to be 

necessary by the Secretary. 

SEC. 1904. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this subtitle. 

Subtitle N—Rocky Mountain National Park 

Wilderness, Colorado 

SEC. 1951. DEFINITIONS. 

In this subtitle: 

(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Rocky 

Mountain National Park Wilderness Act of 2007’’ and dated 

September 2006. 

(2) PARK.—The term ‘‘Park’’ means Rocky Mountain 

National Park located in the State of Colorado. 

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

of the Interior. 

(4) TRAIL.—The term ‘‘Trail’’ means the East Shore Trail 

established under section 1954(a). 

(5) WILDERNESS.—The term ‘‘Wilderness’’ means the wilderness designated by section 1952(a). 

SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO. 

(a) DESIGNATION.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is designated as wilderness 

and as a component of the National Wilderness Preservation System 

approximately 249,339 acres of land in the Park, as generally 

depicted on the map. 

(b) MAP AND BOUNDARY DESCRIPTION.— 

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

of enactment of this Act, the Secretary shall— 

16 USC 1132 

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(A) prepare a map and boundary description of the 

Wilderness; and 

(B) submit the map and boundary description prepared 

under subparagraph (A) to the Committee on Energy and 

Natural Resources of the Senate and the Committee on 

Natural Resources of the House of Representatives. 

(2) AVAILABILITY; FORCE OF LAW.—The map and boundary 

description submitted under paragraph (1)(B) shall— 

(A) be on file and available for public inspection in 

appropriate offices of the National Park Service; and 

(B) have the same force and effect as if included in 

this subtitle. 

(c) INCLUSION OF POTENTIAL WILDERNESS.— (1) IN GENERAL.—On publication in the Federal Register 

of a notice by the Secretary that all uses inconsistent with 

the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on 

the land identified on the map as a ‘‘Potential Wilderness 

Area’’, the land shall be— 

(A) included in the Wilderness; and 

(B) administered in accordance with subsection (e). 

(2) BOUNDARY DESCRIPTION.—On inclusion in the Wilderness of the land referred to in paragraph (1), the Secretary 

shall modify the map and boundary description submitted under 

subsection (b) to reflect the inclusion of the land. 

(d) EXCLUSION OF CERTAIN LAND.—The following areas are 

specifically excluded from the Wilderness: 

(1) The Grand River Ditch (including the main canal of 

the Grand River Ditch and a branch of the main canal known 

as the Specimen Ditch), the right-of-way for the Grand River 

Ditch, land 200 feet on each side of the center line of the 

Grand River Ditch, and any associated appurtenances, structures, buildings, camps, and work sites in existence as of June 

1, 1998. 

(2) Land owned by the St. Vrain & Left Hand Water 

Conservancy District, including Copeland Reservoir and the 

Inlet Ditch to the Reservoir from North St. Vrain Creek, comprising approximately 35.38 acres. 

(3) Land owned by the Wincenstsen-Harms Trust, comprising approximately 2.75 acres. 

(4) Land within the area depicted on the map as the 

‘‘East Shore Trail Area’’. 

(e) ADMINISTRATION.—Subject to valid existing rights, any land 

designated as wilderness under this section or added to the Wilderness after the date of enactment of this Act under subsection 

(c) shall be administered by the Secretary in accordance with this 

subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.), except 

that— 

(1) any reference in the Wilderness Act (16 U.S.C. 1131 

et seq.) to the effective date of that Act shall be considered 

to be a reference to the date of enactment of this Act, or 

the date on which the additional land is added to the Wilderness, respectively; and 

(2) any reference in the Wilderness Act (16 U.S.C. 1131 

et seq.) to the Secretary of Agriculture shall be considered 

to be a reference to the Secretary. 

(f) WATER RIGHTS.— (1) FINDINGS.—Congress finds that— 

Effective date. 

Federal Register, 

publication. 

Notice. 

16 USC 1132 

note. 


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(A) the United States has existing rights to water 

within the Park; 

(B) the existing water rights are sufficient for the 

purposes of the Wilderness; and 

(C) based on the findings described in subparagraphs 

(A) and (B), there is no need for the United States to 

reserve or appropriate any additional water rights to fulfill 

the purposes of the Wilderness. 

(2) EFFECT.—Nothing in this subtitle— 

(A) constitutes an express or implied reservation by 

the United States of water or water rights for any purpose; 

or 

(B) modifies or otherwise affects any existing water 

rights held by the United States for the Park. 

(g) FIRE, INSECT, AND DISEASE CONTROL.—The Secretary may 

take such measures in the Wilderness as are necessary to control 

fire, insects, and diseases, as are provided for in accordance with— 

(1) the laws applicable to the Park; and 

(2) the Wilderness Act (16 U.S.C. 1131 et seq.). 

SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON 

PROJECTS. 

(a) CONDITIONAL WAIVER OF STRICT LIABILITY.—During any 

period in which the Water Supply and Storage Company (or any 

successor in interest to the company with respect to the Grand 

River Ditch) operates and maintains the portion of the Grand 

River Ditch in the Park in compliance with an operations and 

maintenance agreement between the Water Supply and Storage 

Company and the National Park Service, the provisions of paragraph (6) of the stipulation approved June 28, 1907— 

(1) shall be suspended; and 

(2) shall not be enforceable against the Company (or any 

successor in interest). 

(b) AGREEMENT.—The agreement referred to in subsection (a) 

shall— 

(1) ensure that— 

(A) Park resources are managed in accordance with 

the laws generally applicable to the Park, including— 

(i) the Act of January 26, 1915 (16 U.S.C. 191 

et seq.); and 

(ii) the National Park Service Organic Act (16 

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

(B) Park land outside the right-of-way corridor remains 

unimpaired consistent with the National Park Service 

management policies in effect as of the date of enactment 

of this Act; and 

(C) any use of Park land outside the right-of-way corridor (as of the date of enactment of this Act) shall be 

permitted only on a temporary basis, subject to such terms 

and conditions as the Secretary determines to be necessary; 

and 

(2) include stipulations with respect to— 

(A) flow monitoring and early warning measures; 

(B) annual and periodic inspections; 

(C) an annual maintenance plan; 

(D) measures to identify on an annual basis capital 

improvement needs; and 


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(E) the development of plans to address the needs 

identified under subparagraph (D). 

(c) LIMITATION.—Nothing in this section limits or otherwise 

affects— 

(1) the liability of any individual or entity for damages 

to, loss of, or injury to any resource within the Park resulting 

from any cause or event that occurred before the date of enactment of this Act; or 

(2) Public Law 101–337 (16 U.S.C. 19jj et seq.), including 

the defenses available under that Act for damage caused— 

(A) solely by— 

(i) an act of God; 

(ii) an act of war; or 

(iii) an act or omission of a third party (other 

than an employee or agent); or 

(B) by an activity authorized by Federal or State law. 

(d) COLORADO-BIG THOMPSON PROJECT AND WINDY GAP

PROJECT.— 

(1) IN GENERAL.—Nothing in this subtitle, including the 

designation of the Wilderness, prohibits or affects current and 

future operation and maintenance activities in, under, or 

affecting the Wilderness that were allowed as of the date of 

enactment of this Act under the Act of January 26, 1915 (16 

U.S.C. 191), relating to the Alva B. Adams Tunnel or other 

Colorado–Big Thompson Project facilities located within the 

Park. 

(2) ALVA B. ADAMS TUNNEL.—Nothing in this subtitle, 

including the designation of the Wilderness, prohibits or 

restricts the conveyance of water through the Alva B. Adams 

Tunnel for any purpose. 

(e) RIGHT-OF-WAY.—Notwithstanding the Act of March 3, 1891 

(43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951), 

the right of way for the Grand River Ditch shall not be terminated, 

forfeited, or otherwise affected as a result of the water transported 

by the Grand River Ditch being used primarily for domestic purposes or any purpose of a public nature, unless the Secretary 

determines that the change in the main purpose or use adversely 

affects the Park. 

(f) NEW RECLAMATION PROJECTS.—Nothing in the first section 

of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed 

to allow development in the Wilderness of any reclamation project 

not in existence as of the date of enactment of this Act. 

(g) CLARIFICATION OF MANAGEMENT AUTHORITY.—Nothing in 

this section reduces or limits the authority of the Secretary to 

manage land and resources within the Park under applicable law. 

SEC. 1954. EAST SHORE TRAIL AREA. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall establish within the East 

Shore Trail Area in the Park an alignment line for a trail, to 

be known as the ‘‘East Shore Trail’’, to maximize the opportunity 

for sustained use of the Trail without causing— 

(1) harm to affected resources; or 

(2) conflicts among users. 

(b) BOUNDARIES.— (1) IN GENERAL.—After establishing the alignment line for 

the Trail under subsection (a), the Secretary shall— 

Deadline. 

Determination. 


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(A) identify the boundaries of the Trail, which shall 

not extend more than 25 feet east of the alignment line 

or be located within the Wilderness; and 

(B) modify the map of the Wilderness prepared under 

section 1952(b)(1)(A) so that the western boundary of the 

Wilderness is 50 feet east of the alignment line. 

(2) ADJUSTMENTS.—To the extent necessary to protect Park 

resources, the Secretary may adjust the boundaries of the Trail, 

if the adjustment does not place any portion of the Trail within 

the boundary of the Wilderness. 

(c) INCLUSION IN WILDERNESS.—On completion of the construction of the Trail, as authorized by the Secretary— 

(1) any portion of the East Shore Trail Area that is not 

traversed by the Trail, that is not west of the Trail, and 

that is not within 50 feet of the centerline of the Trail shall 

be— 

(A) included in the Wilderness; and 

(B) managed as part of the Wilderness in accordance 

with section 1952; and 

(2) the Secretary shall modify the map and boundary 

description of the Wilderness prepared under section 

1952(b)(1)(A) to reflect the inclusion of the East Shore Trail 

Area land in the Wilderness. 

(d) EFFECT.—Nothing in this section— 

(1) requires the construction of the Trail along the alignment line established under subsection (a); or 

(2) limits the extent to which any otherwise applicable 

law or policy applies to any decision with respect to the 

construction of the Trail. 

(e) RELATION TO LAND OUTSIDE WILDERNESS.— 

(1) IN GENERAL.—Except as provided in this subsection, 

nothing in this subtitle affects the management or use of any 

land not included within the boundaries of the Wilderness 

or the potential wilderness land. 

(2) MOTORIZED VEHICLES AND MACHINERY.—No use of 

motorized vehicles or other motorized machinery that was not 

permitted on March 1, 2006, shall be allowed in the East 

Shore Trail Area except as the Secretary determines to be 

necessary for use in— 

(A) constructing the Trail, if the construction is authorized by the Secretary; or 

(B) maintaining the Trail. 

(3) MANAGEMENT OF LAND BEFORE INCLUSION.—Until the 

Secretary authorizes the construction of the Trail and the use 

of the Trail for non-motorized bicycles, the East Shore Trail 

Area shall be managed— 

(A) to protect any wilderness characteristics of the 

East Shore Trail Area; and 

(B) to maintain the suitability of the East Shore Trail 

Area for inclusion in the Wilderness. 

SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS. 

(a) INDIAN PEAKS WILDERNESS BOUNDARY ADJUSTMENT.—Section 3(a) of the Indian Peaks Wilderness Area, the Arapaho National 

Recreation Area and the Oregon Islands Wilderness Area Act (16 

U.S.C. 1132 note; Public Law 95–450) is amended— 

16 USC 1132 

note. 


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(1) by striking ‘‘seventy thousand acres’’ and inserting 

‘‘74,195 acres’’; and 

(2) by striking ‘‘, dated July 1978’’ and inserting ‘‘and 

dated May 2007’’. 

(b) ARAPAHO NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT.—Section 4(a) of the Indian Peaks Wilderness Area, the 

Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. 460jj(a)) is amended— 

(1) by striking ‘‘thirty-six thousand two hundred thirtyfive acres’’ and inserting ‘‘35,235 acres’’; and 

(2) by striking ‘‘, dated July 1978’’ and inserting ‘‘and 

dated May 2007’’. 

SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT. 

(a) IN GENERAL.—Section 3(k) of Public Law 91–383 (16 U.S.C. 

1a–2(k)) shall apply to the parcel of land described in subsection 

(b). 

(b) DESCRIPTION OF THE LAND.—The parcel of land referred 

to in subsection (a) is the parcel of land known as the ‘‘Leiffer 

tract’’ that is— 

(1) located near the eastern boundary of the Park in 

Larimer County, Colorado; and 

(2) administered by the National Park Service. 

Subtitle O—Washington County, Utah 

SEC. 1971. DEFINITIONS. 

In this subtitle: 

(1) BEAVER DAM WASH NATIONAL CONSERVATION AREA

MAP.—The term ‘‘Beaver Dam Wash National Conservation 

Area Map’’ means the map entitled ‘‘Beaver Dam Wash 

National Conservation Area’’ and dated December 18, 2008. 

(2) CANAAN MOUNTAIN WILDERNESS MAP.—The term 

‘‘Canaan Mountain Wilderness Map’’ means the map entitled 

‘‘Canaan Mountain Wilderness’’ and dated June 21, 2008. 

(3) COUNTY.—The term ‘‘County’’ means Washington 

County, Utah. 

(4) NORTHEASTERN WASHINGTON COUNTY WILDERNESS

MAP.—The term ‘‘Northeastern Washington County Wilderness 

Map’’ means the map entitled ‘‘Northeastern Washington 

County Wilderness’’ and dated November 12, 2008. 

(5) NORTHWESTERN WASHINGTON COUNTY WILDERNESS

MAP.—The term ‘‘Northwestern Washington County Wilderness 

Map’’ means the map entitled ‘‘Northwestern Washington 

County Wilderness’’ and dated June 21, 2008. 

(6) RED CLIFFS NATIONAL CONSERVATION AREA MAP.—The 

term ‘‘Red Cliffs National Conservation Area Map’’ means the 

map entitled ‘‘Red Cliffs National Conservation Area’’ and dated 

November 12, 2008. 

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

(A) with respect to land under the jurisdiction of the 

Secretary of Agriculture, the Secretary of Agriculture; and 

(B) with respect to land under the jurisdiction of the 

Secretary of the Interior, the Secretary of the Interior. 

(8) STATE.—The term ‘‘State’’ means the State of Utah. 

16 USC 460www 

note. 

Applicability. 


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123 STAT. 1076 PUBLIC LAW 111–11—MAR. 30, 2009 

(9) WASHINGTON COUNTY GROWTH AND CONSERVATION ACT

MAP.—The term ‘‘Washington County Growth and Conservation 

Act Map’’ means the map entitled ‘‘Washington County Growth 

and Conservation Act Map’’ and dated November 13, 2008. 

SEC. 1972. WILDERNESS AREAS. 

(a) ADDITIONS TO NATIONAL WILDERNESS PRESERVATION

SYSTEM.— 

(1) ADDITIONS.—Subject to valid existing rights, the following land in the State is designated as wilderness and as 

components of the National Wilderness Preservation System: 

(A) BEARTRAP CANYON.—Certain Federal land managed 

by the Bureau of Land Management, comprising approximately 40 acres, as generally depicted on the Northeastern 

Washington County Wilderness Map, which shall be known 

as the ‘‘Beartrap Canyon Wilderness’’. 

(B) BLACKRIDGE.—Certain Federal land managed by 

the Bureau of Land Management, comprising approximately 13,015 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall 

be known as the ‘‘Blackridge Wilderness’’. 

(C) CANAAN MOUNTAIN.—Certain Federal land in the 

County managed by the Bureau of Land Management, 

comprising approximately 44,531 acres, as generally 

depicted on the Canaan Mountain Wilderness Map, which 

shall be known as the ‘‘Canaan Mountain Wilderness’’. 

(D) COTTONWOOD CANYON.—Certain Federal land managed by the Bureau of Land Management, comprising 

approximately 11,712 acres, as generally depicted on the 

Red Cliffs National Conservation Area Map, which shall 

be known as the ‘‘Cottonwood Canyon Wilderness’’. 

(E) COTTONWOOD FOREST.—Certain Federal land managed by the Forest Service, comprising approximately 2,643 

acres, as generally depicted on the Red Cliffs National 

Conservation Area Map, which shall be known as the 

‘‘Cottonwood Forest Wilderness’’. 

(F) COUGAR CANYON.—Certain Federal land managed 

by the Bureau of Land Management, comprising approximately 10,409 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall 

be known as the ‘‘Cougar Canyon Wilderness’’. 

(G) DEEP CREEK.—Certain Federal land managed by 

the Bureau of Land Management, comprising approximately 3,284 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall 

be known as the ‘‘Deep Creek Wilderness’’. 

(H) DEEP CREEK NORTH.—Certain Federal land managed by the Bureau of Land Management, comprising 

approximately 4,262 acres, as generally depicted on the 

Northeastern Washington County Wilderness Map, which 

shall be known as the ‘‘Deep Creek North Wilderness’’. 

(I) DOC’S PASS.—Certain Federal land managed by the 

Bureau of Land Management, comprising approximately 

17,294 acres, as generally depicted on the Northwestern 

Washington County Wilderness Map, which shall be known 

as the ‘‘Doc’s Pass Wilderness’’. 

16 USC 1132 

note. 


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(J) GOOSE CREEK.—Certain Federal land managed by 

the Bureau of Land Management, comprising approximately 98 acres, as generally depicted on the Northeastern 

Washington County Wilderness Map, which shall be known 

as the ‘‘Goose Creek Wilderness’’. 

(K) LAVERKIN CREEK.—Certain Federal land managed 

by the Bureau of Land Management, comprising approximately 445 acres, as generally depicted on the Northeastern 

Washington County Wilderness Map, which shall be known 

as the ‘‘LaVerkin Creek Wilderness’’. 

(L) RED BUTTE.—Certain Federal land managed by 

the Bureau of Land Management, comprising approximately 1,537 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall 

be known as the ‘‘Red Butte Wilderness’’. 

(M) RED MOUNTAIN.—Certain Federal land managed 

by the Bureau of Land Management, comprising approximately 18,729 acres, as generally depicted on the Red 

Cliffs National Conservation Area Map, which shall be 

known as the ‘‘Red Mountain Wilderness’’. 

(N) SLAUGHTER CREEK.—Certain Federal land managed by the Bureau of Land Management, comprising 

approximately 3,901 acres, as generally depicted on the 

Northwestern Washington County Wilderness Map, which 

shall be known as the ‘‘Slaughter Creek Wilderness’’. 

(O) TAYLOR CREEK.—Certain Federal land managed 

by the Bureau of Land Management, comprising approximately 32 acres, as generally depicted on the Northeastern 

Washington County Wilderness Map, which shall be known 

as the ‘‘Taylor Creek Wilderness’’. 

(2) MAPS AND LEGAL DESCRIPTIONS.— 

(A) IN GENERAL.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall submit to 

the Committee on Energy and Natural Resources of the 

Senate and the Committee on Natural Resources of the 

House of Representatives a map and legal description of 

each wilderness area designated by paragraph (1). 

(B) FORCE AND EFFECT.—Each map and legal description submitted under subparagraph (A) shall have the same 

force and effect as if included in this subtitle, except that 

the Secretary may correct any clerical or typographical 

errors in the map or legal description. 

(C) AVAILABILITY.—Each map and legal description 

submitted under subparagraph (A) shall be available in 

the appropriate offices of— 

(i) the Bureau of Land Management; and 

(ii) the Forest Service. 

(b) ADMINISTRATION OF WILDERNESS AREAS.— 

(1) MANAGEMENT.—Subject to valid existing rights, each 

area designated as wilderness by subsection (a)(1) shall be 

administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that— 

(A) any reference in the Wilderness Act to the effective 

date of that Act shall be considered to be a reference 

to the date of enactment of this Act; and 


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123 STAT. 1078 PUBLIC LAW 111–11—MAR. 30, 2009 

(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference 

to the Secretary that has jurisdiction over the land. 

(2) LIVESTOCK.—The grazing of livestock in each area designated as wilderness by subsection (a)(1), where established 

before the date of enactment of this Act, shall be permitted 

to continue— 

(A) subject to such reasonable regulations, policies, 

and practices that the Secretary considers necessary; and 

(B) in accordance with— 

(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 

1133(d)(4)); and 

(ii) the guidelines set forth in Appendix A of the 

report of the Committee on Interior and Insular Affairs 

of the House of Representatives accompanying H.R. 

2570 of the 101st Congress (H.Rep. 101–405) and H.R. 

5487 of the 96th Congress (H. Rept. 96–617). 

(3) WILDFIRE, INSECT, AND DISEASE MANAGEMENT.—In 

accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 

1133(d)(1)), the Secretary may take such measures in each 

area designated as wilderness by subsection (a)(1) as the Secretary determines to be necessary for the control of fire, insects, 

and diseases (including, as the Secretary determines to be 

appropriate, the coordination of those activities with a State 

or local agency). 

(4) BUFFER ZONES.— 

(A) IN GENERAL.—Nothing in this section creates a 

protective perimeter or buffer zone around any area designated as wilderness by subsection (a)(1). 

(B) ACTIVITIES OUTSIDE WILDERNESS.—The fact that 

an activity or use on land outside any area designated 

as wilderness by subsection (a)(1) can be seen or heard 

within the wilderness shall not preclude the activity or 

use outside the boundary of the wilderness. 

(5) MILITARY OVERFLIGHTS.—Nothing in this section 

restricts or precludes— 

(A) low-level overflights of military aircraft over any 

area designated as wilderness by subsection (a)(1), 

including military overflights that can be seen or heard 

within any wilderness area; 

(B) flight testing and evaluation; or 

(C) the designation or creation of new units of special 

use airspace, or the establishment of military flight training 

routes over any wilderness area. 

(6) ACQUISITION AND INCORPORATION OF LAND AND

INTERESTS IN LAND.— 

(A) ACQUISITION AUTHORITY.—In accordance with 

applicable laws (including regulations), the Secretary may 

acquire any land or interest in land within the boundaries 

of the wilderness areas designated by subsection (a)(1) 

by purchase from willing sellers, donation, or exchange. 

(B) INCORPORATION.—Any land or interest in land 

acquired by the Secretary under subparagraph (A) shall 

be incorporated into, and administered as a part of, the 

wilderness area in which the land or interest in land is 

located. 


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(7) NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.— 

Nothing in this section diminishes— 

(A) the rights of any Indian tribe; or 

(B) any tribal rights regarding access to Federal land 

for tribal activities, including spiritual, cultural, and traditional food-gathering activities. 

(8) CLIMATOLOGICAL DATA COLLECTION.—In accordance with 

the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to 

such terms and conditions as the Secretary may prescribe, 

the Secretary may authorize the installation and maintenance 

of hydrologic, meteorologic, or climatological collection devices 

in the wilderness areas designated by subsection (a)(1) if the 

Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities. 

(9) WATER RIGHTS.— 

(A) STATUTORY CONSTRUCTION.—Nothing in this section— 

(i) shall constitute or be construed to constitute 

either an express or implied reservation by the United 

States of any water or water rights with respect to 

the land designated as wilderness by subsection (a)(1); 

(ii) shall affect any water rights in the State 

existing on the date of enactment of this Act, including 

any water rights held by the United States; 

(iii) shall be construed as establishing a precedent 

with regard to any future wilderness designations; 

(iv) shall affect the interpretation of, or any designation made pursuant to, any other Act; or 

(v) shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or 

equitable apportionment decrees that apportion water 

among and between the State and other States. 

(B) STATE WATER LAW.—The Secretary shall follow the 

procedural and substantive requirements of the law of the 

State in order to obtain and hold any water rights not 

in existence on the date of enactment of this Act with 

respect to the wilderness areas designated by subsection 

(a)(1). 

(10) FISH AND WILDLIFE.— 

(A) JURISDICTION OF STATE.—Nothing in this section 

affects the jurisdiction of the State with respect to fish 

and wildlife on public land located in the State. 

(B) AUTHORITY OF SECRETARY.—In furtherance of the 

purposes and principles of the Wilderness Act (16 U.S.C. 

1131 et seq.), the Secretary may carry out management 

activities to maintain or restore fish and wildlife populations (including activities to maintain and restore fish 

and wildlife habitats to support the populations) in any 

wilderness area designated by subsection (a)(1) if the activities are— 

(i) consistent with applicable wilderness management plans; and 

(ii) carried out in accordance with— 

(I) the Wilderness Act (16 U.S.C. 1131 et seq.); 

and 

Determination. 


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123 STAT. 1080 PUBLIC LAW 111–11—MAR. 30, 2009 

(II) applicable guidelines and policies, 

including applicable policies described in Appendix 

B of House Report 101–405. 

(11) WILDLIFE WATER DEVELOPMENT PROJECTS.—Subject to 

paragraph (12), the Secretary may authorize structures and 

facilities, including existing structures and facilities, for wildlife 

water development projects, including guzzlers, in the wilderness areas designated by subsection (a)(1) if— 

(A) the structures and facilities will, as determined 

by the Secretary, enhance wilderness values by promoting 

healthy, viable, and more naturally distributed wildlife 

populations; and 

(B) the visual impacts of the structures and facilities 

on the wilderness areas can reasonably be minimized. 

(12) COOPERATIVE AGREEMENT.—Not later than 1 year after 

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

into a cooperative agreement with the State that specifies the 

terms and conditions under which wildlife management activities in the wilderness areas designated by subsection (a)(1) 

may be carried out. 

(c) RELEASE OF WILDERNESS STUDY AREAS.— 

(1) FINDING.—Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1782), the public land in the County administered by the Bureau of Land Management has been adequately 

studied for wilderness designation. 

(2) RELEASE.—Any public land described in paragraph (1) 

that is not designated as wilderness by subsection (a)(1)— 

(A) is no longer subject to section 603(c) of the Federal 

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

1782(c)); and 

(B) shall be managed in accordance with applicable 

law and the land management plans adopted under section 

202 of that Act (43 U.S.C. 1712). 

(d) TRANSFER OF ADMINISTRATIVE JURISDICTION TO NATIONAL

PARK SERVICE.—Administrative jurisdiction over the land identified 

as the Watchman Wilderness on the Northeastern Washington 

County Wilderness Map is hereby transferred to the National Park 

Service, to be included in, and administered as part of Zion National 

Park. 

SEC. 1973. ZION NATIONAL PARK WILDERNESS. 

(a) DEFINITIONS.—In this section: 

(1) FEDERAL LAND.—The term ‘‘Federal land’’ means certain 

Federal land— 

(A) that is— 

(i) located in the County and Iron County, Utah; 

and 

(ii) managed by the National Park Service; 

(B) consisting of approximately 124,406 acres; and 

(C) as generally depicted on the Zion National Park 

Wilderness Map and the area added to the park under 

section 1972(d). 

(2) WILDERNESS AREA.—The term ‘‘Wilderness Area’’ means 

the Zion Wilderness designated by subsection (b)(1). 

16 USC 1132 

note. 

16 USC 346a–6. 

Deadline. 

Determination. 


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(3) ZION NATIONAL PARK WILDERNESS MAP.—The term ‘‘Zion 

National Park Wilderness Map’’ means the map entitled ‘‘Zion 

National Park Wilderness’’ and dated April 2008. 

(b) ZION NATIONAL PARK WILDERNESS.— (1) DESIGNATION.—Subject to valid existing rights, the Federal land is designated as wilderness and as a component 

of the National Wilderness Preservation System, to be known 

as the ‘‘Zion Wilderness’’. 

(2) INCORPORATION OF ACQUIRED LAND.—Any land located 

in the Zion National Park that is acquired by the Secretary 

through a voluntary sale, exchange, or donation may, on the 

recommendation of the Secretary, become part of the Wilderness Area, in accordance with the Wilderness Act (16 U.S.C. 

1131 et seq.). 

(3) MAP AND LEGAL DESCRIPTION.— (A) IN GENERAL.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall submit to 

the Committee on Energy and Natural Resources of the 

Senate and the Committee on Natural Resources of the 

House of Representatives a map and legal description of 

the Wilderness Area. 

(B) FORCE AND EFFECT.—The map and legal description 

submitted under subparagraph (A) shall have the same 

force and effect as if included in this Act, except that 

the Secretary may correct any clerical or typographical 

errors in the map or legal description. 

(C) AVAILABILITY.—The map and legal description submitted under subparagraph (A) shall be available in the 

appropriate offices of the National Park Service. 

SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA. 

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

(1) to conserve, protect, and enhance for the benefit and 

enjoyment of present and future generations the ecological, 

scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation 

Area; and 

(2) to protect each species that is— 

(A) located in the National Conservation Area; and 

(B) listed as a threatened or endangered species on 

the list of threatened species or the list of endangered 

species published under section 4(c)(1) of the Endangered 

Species Act of 1973 (16 U.S.C. 1533(c)(1)). 

(b) DEFINITIONS.—In this section: 

(1) HABITAT CONSERVATION PLAN.—The term ‘‘habitat conservation plan’’ means the conservation plan entitled ‘‘Washington County Habitat Conservation Plan’’ and dated February 

23, 1996. 

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

means the management plan for the National Conservation 

Area developed by the Secretary under subsection (d)(1). 

(3) NATIONAL CONSERVATION AREA.—The term ‘‘National 

Conservation Area’’ means the Red Cliffs National Conservation 

Area that— 

(A) consists of approximately 44,725 acres of public 

land in the County, as generally depicted on the Red Cliffs 

National Conservation Area Map; and 

16 USC 460www. 


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(B) is established by subsection (c). 

(4) PUBLIC USE PLAN.—The term ‘‘public use plan’’ means 

the use plan entitled ‘‘Red Cliffs Desert Reserve Public Use 

Plan’’ and dated June 12, 2000, as amended. 

(5) RESOURCE MANAGEMENT PLAN.—The term ‘‘resource 

management plan’’ means the management plan entitled ‘‘St. 

George Field Office Resource Management Plan’’ and dated 

March 15, 1999, as amended. 

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

established in the State the Red Cliffs National Conservation Area. 

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

of enactment of this Act and in accordance with paragraph 

(2), the Secretary shall develop a comprehensive plan for the 

long-term management of the National Conservation Area. 

(2) CONSULTATION.—In developing the management plan 

required under paragraph (1), the Secretary shall consult 

with— 

(A) appropriate State, tribal, and local governmental 

entities; and 

(B) members of the public. 

(3) INCORPORATION OF PLANS.—In developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any 

provision of— 

(A) the habitat conservation plan; 

(B) the resource management plan; and 

(C) the public use plan. 

(e) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall manage the National 

Conservation Area— 

(A) in a manner that conserves, protects, and enhances 

the resources of the National Conservation Area; and 

(B) in accordance with— 

(i) the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1701 et seq.); 

(ii) this section; and 

(iii) any other applicable law (including regulations). 

(2) USES.—The Secretary shall only allow uses of the 

National Conservation Area that the Secretary determines 

would further a purpose described in subsection (a). 

(3) MOTORIZED VEHICLES.—Except in cases in which motorized vehicles are needed for administrative purposes, or to 

respond to an emergency, the use of motorized vehicles in 

the National Conservation Area shall be permitted only on 

roads designated by the management plan for the use of motorized vehicles. 

(4) GRAZING.—The grazing of livestock in the National Conservation Area, where established before the date of enactment 

of this Act, shall be permitted to continue— 

(A) subject to— 

(i) such reasonable regulations, policies, and practices as the Secretary considers necessary; and 

(ii) applicable law; and 

(B) in a manner consistent with the purposes described 

in subsection (a). 

Deadline. 


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(5) WILDLAND FIRE OPERATIONS.—Nothing in this section 

prohibits the Secretary, in cooperation with other Federal, 

State, and local agencies, as appropriate, from conducting 

wildland fire operations in the National Conservation Area, 

consistent with the purposes of this section. 

(f) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any 

land or interest in land that is located in the National Conservation 

Area that is acquired by the United States shall— 

(1) become part of the National Conservation Area; and 

(2) be managed in accordance with— 

(A) the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1701 et seq.); 

(B) this section; and 

(C) any other applicable law (including regulations). 

(g) WITHDRAWAL.— (1) IN GENERAL.—Subject to valid existing rights, all Federal land located in the National Conservation Area are withdrawn from— 

(A) all forms of entry, appropriation, and disposal 

under the public land laws; 

(B) location, entry, and patenting under the mining 

laws; and 

(C) operation of the mineral leasing, mineral materials, 

and geothermal leasing laws. 

(2) ADDITIONAL LAND.—If the Secretary acquires additional 

land that is located in the National Conservation Area after 

the date of enactment of this Act, the land is withdrawn from 

operation of the laws referred to in paragraph (1) on the date 

of acquisition of the land. 

(h) EFFECT.—Nothing in this section prohibits the authorization 

of the development of utilities within the National Conservation 

Area if the development is carried out in accordance with— 

(1) each utility development protocol described in the 

habitat conservation plan; and 

(2) any other applicable law (including regulations). 

SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION AREA. 

(a) PURPOSE.—The purpose of this section is to conserve, protect, and enhance for the benefit and enjoyment of present and 

future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of 

the Beaver Dam Wash National Conservation Area. 

(b) DEFINITIONS.—In this section: 

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

means the management plan for the National Conservation 

Area developed by the Secretary under subsection (d)(1). 

(2) NATIONAL CONSERVATION AREA.—The term ‘‘National 

Conservation Area’’ means the Beaver Dam Wash National 

Conservation Area that— 

(A) consists of approximately 68,083 acres of public 

land in the County, as generally depicted on the Beaver 

Dam Wash National Conservation Area Map; and 

(B) is established by subsection (c). 

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

established in the State the Beaver Dam Wash National Conservation Area. 

(d) MANAGEMENT PLAN.— 

16 USC 460xxx. 


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

of enactment of this Act and in accordance with paragraph 

(2), the Secretary shall develop a comprehensive plan for the 

long-term management of the National Conservation Area. 

(2) CONSULTATION.—In developing the management plan 

required under paragraph (1), the Secretary shall consult 

with— 

(A) appropriate State, tribal, and local governmental 

entities; and 

(B) members of the public. 

(3) MOTORIZED VEHICLES.—In developing the management 

plan required under paragraph (1), the Secretary shall incorporate the restrictions on motorized vehicles described in subsection (e)(3). 

(e) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall manage the National 

Conservation Area— 

(A) in a manner that conserves, protects, and enhances 

the resources of the National Conservation Area; and 

(B) in accordance with— 

(i) the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1701 et seq.); 

(ii) this section; and 

(iii) any other applicable law (including regulations). 

(2) USES.—The Secretary shall only allow uses of the 

National Conservation Area that the Secretary determines 

would further the purpose described in subsection (a). 

(3) MOTORIZED VEHICLES.— 

(A) IN GENERAL.—Except in cases in which motorized 

vehicles are needed for administrative purposes, or to 

respond to an emergency, the use of motorized vehicles 

in the National Conservation Area shall be permitted only 

on roads designated by the management plan for the use 

of motorized vehicles. 

(B) ADDITIONAL REQUIREMENT RELATING TO CERTAIN

AREAS LOCATED IN THE NATIONAL CONSERVATION AREA.— 

In addition to the requirement described in subparagraph 

(A), with respect to the areas designated on the Beaver 

Dam Wash National Conservation Area Map as ‘‘Designated Road Areas’’, motorized vehicles shall be permitted 

only on the roads identified on such map. 

(4) GRAZING.—The grazing of livestock in the National Conservation Area, where established before the date of enactment 

of this Act, shall be permitted to continue— 

(A) subject to— 

(i) such reasonable regulations, policies, and practices as the Secretary considers necessary; and 

(ii) applicable law (including regulations); and 

(B) in a manner consistent with the purpose described 

in subsection (a). 

(5) WILDLAND FIRE OPERATIONS.—Nothing in this section 

prohibits the Secretary, in cooperation with other Federal, 

State, and local agencies, as appropriate, from conducting 

wildland fire operations in the National Conservation Area, 

consistent with the purposes of this section. 

Deadline. 


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(f) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any 

land or interest in land that is located in the National Conservation 

Area that is acquired by the United States shall— 

(1) become part of the National Conservation Area; and 

(2) be managed in accordance with— 

(A) the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1701 et seq.); 

(B) this section; and 

(C) any other applicable law (including regulations). 

(g) WITHDRAWAL.— 

(1) IN GENERAL.—Subject to valid existing rights, all Federal land located in the National Conservation Area is withdrawn from— 

(A) all forms of entry, appropriation, and disposal 

under the public land laws; 

(B) location, entry, and patenting under the mining 

laws; and 

(C) operation of the mineral leasing, mineral materials, 

and geothermal leasing laws. 

(2) ADDITIONAL LAND.—If the Secretary acquires additional 

land that is located in the National Conservation Area after 

the date of enactment of this Act, the land is withdrawn from 

operation of the laws referred to in paragraph (1) on the date 

of acquisition of the land. 

SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER DESIGNATION. 

(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) (as amended by section 1852) is amended 

by adding at the end the following: 

‘‘(204) ZION NATIONAL PARK, UTAH.—The approximately 

165.5 miles of segments of the Virgin River and tributaries 

of the Virgin River across Federal land within and adjacent 

to Zion National Park, as generally depicted on the map entitled 

‘Wild and Scenic River Segments Zion National Park and 

Bureau of Land Management’ and dated April 2008, to be 

administered by the Secretary of the Interior in the following 

classifications: 

‘‘(A) TAYLOR CREEK.—The 4.5-mile segment from the 

junction of the north, middle, and south forks of Taylor 

Creek, west to the park boundary and adjacent land rimto-rim, as a scenic river. 

‘‘(B) NORTH FORK OF TAYLOR CREEK.—The segment 

from the head of North Fork to the junction with Taylor 

Creek and adjacent land rim-to-rim, as a wild river. 

‘‘(C) MIDDLE FORK OF TAYLOR CREEK.—The segment 

from the head of Middle Fork on Bureau of Land Management land to the junction with Taylor Creek and adjacent 

land rim-to-rim, as a wild river. 

‘‘(D) SOUTH FORK OF TAYLOR CREEK.—The segment 

from the head of South Fork to the junction with Taylor 

Creek and adjacent land rim-to-rim, as a wild river. 

‘‘(E) TIMBER CREEK AND TRIBUTARIES.—The 3.1-mile 

segment from the head of Timber Creek and tributaries 

of Timber Creek to the junction with LaVerkin Creek and 

adjacent land rim-to-rim, as a wild river. 


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‘‘(F) LAVERKIN CREEK.—The 16.1-mile segment beginning in T. 38 S., R. 11 W., sec. 21, on Bureau of Land 

Management land, southwest through Zion National Park, 

and ending at the south end of T. 40 S., R. 12 W., sec. 

7, and adjacent land 1⁄2-mile wide, as a wild river. 

‘‘(G) WILLIS CREEK.—The 1.9-mile segment beginning 

on Bureau of Land Management land in the SWSW sec. 

27, T. 38 S., R. 11 W., to the junction with LaVerkin 

Creek in Zion National Park and adjacent land rim-torim, as a wild river. 

‘‘(H) BEARTRAP CANYON.—The 2.3-mile segment beginning on Bureau of Management land in the SWNW sec. 

3, T. 39 S., R. 11 W., to the junction with LaVerkin Creek 

and the segment from the headwaters north of Long Point 

to the junction with LaVerkin Creek and adjacent land 

rim-to-rim, as a wild river. 

‘‘(I) HOP VALLEY CREEK.—The 3.3-mile segment beginning at the southern boundary of T. 39 S., R. 11 W., 

sec. 20, to the junction with LaVerkin Creek and adjacent 

land 1⁄2-mile wide, as a wild river. 

‘‘(J) CURRENT CREEK.—The 1.4-mile segment from the 

head of Current Creek to the junction with LaVerkin Creek 

and adjacent land rim-to-rim, as a wild river. 

‘‘(K) CANE CREEK.—The 0.6-mile segment from the 

head of Smith Creek to the junction with LaVerkin Creek 

and adjacent land 1⁄2-mile wide, as a wild river. 

‘‘(L) SMITH CREEK.—The 1.3-mile segment from the 

head of Smith Creek to the junction with LaVerkin Creek 

and adjacent land 1⁄2-mile wide, as a wild river. 

‘‘(M) NORTH CREEK LEFT AND RIGHT FORKS.—The segment of the Left Fork from the junction with Wildcat 

Canyon to the junction with Right Fork, from the head 

of Right Fork to the junction with Left Fork, and from 

the junction of the Left and Right Forks southwest to 

Zion National Park boundary and adjacent land rim-torim, as a wild river. 

‘‘(N) WILDCAT CANYON (BLUE CREEK).—The segment of 

Blue Creek from the Zion National Park boundary to the 

junction with the Right Fork of North Creek and adjacent 

land rim-to-rim, as a wild river. 

‘‘(O) LITTLE CREEK.—The segment beginning at the 

head of Little Creek to the junction with the Left Fork 

of North Creek and adjacent land 1⁄2-mile wide, as a wild 

river. 

‘‘(P) RUSSELL GULCH.—The segment from the head of 

Russell Gulch to the junction with the Left Fork of North 

Creek and adjacent land rim-to-rim, as a wild river. 

‘‘(Q) GRAPEVINE WASH.—The 2.6-mile segment from the 

Lower Kolob Plateau to the junction with the Left Fork 

of North Creek and adjacent land rim-to-rim, as a scenic 

river. 

‘‘(R) PINE SPRING WASH.—The 4.6-mile segment to the 

junction with the left fork of North Creek and adjacent 

land 1⁄2-mile, as a scenic river. 

‘‘(S) WOLF SPRINGS WASH.—The 1.4-mile segment from 

the head of Wolf Springs Wash to the junction with Pine 


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Spring Wash and adjacent land 1⁄2-mile wide, as a scenic 

river. 

‘‘(T) KOLOB CREEK.—The 5.9-mile segment of Kolob 

Creek beginning in T. 39 S., R. 10 W., sec. 30, through 

Bureau of Land Management land and Zion National Park 

land to the junction with the North Fork of the Virgin 

River and adjacent land rim-to-rim, as a wild river. 

‘‘(U) OAK CREEK.—The 1-mile stretch of Oak Creek 

beginning in T. 39 S., R. 10 W., sec. 19, to the junction 

with Kolob Creek and adjacent land rim-to-rim, as a wild 

river. 

‘‘(V) GOOSE CREEK.—The 4.6-mile segment of Goose 

Creek from the head of Goose Creek to the junction with 

the North Fork of the Virgin River and adjacent land 

rim-to-rim, as a wild river. 

‘‘(W) DEEP CREEK.—The 5.3-mile segment of Deep 

Creek beginning on Bureau of Land Management land 

at the northern boundary of T. 39 S., R. 10 W., sec. 23, 

south to the junction of the North Fork of the Virgin 

River and adjacent land rim-to-rim, as a wild river. 

‘‘(X) NORTH FORK OF THE VIRGIN RIVER.—The 10.8- 

mile segment of the North Fork of the Virgin River beginning on Bureau of Land Management land at the eastern 

border of T. 39 S., R. 10 W., sec. 35, to Temple of Sinawava 

and adjacent land rim-to-rim, as a wild river. 

‘‘(Y) NORTH FORK OF THE VIRGIN RIVER.—The 8-mile 

segment of the North Fork of the Virgin River from Temple 

of Sinawava south to the Zion National Park boundary 

and adjacent land 1⁄2-mile wide, as a recreational river. 

‘‘(Z) IMLAY CANYON.—The segment from the head of 

Imlay Creek to the junction with the North Fork of the 

Virgin River and adjacent land rim-to-rim, as a wild river. 

‘‘(AA) ORDERVILLE CANYON.—The segment from the 

eastern boundary of Zion National Park to the junction 

with the North Fork of the Virgin River and adjacent 

land rim-to-rim, as a wild river. 

‘‘(BB) MYSTERY CANYON.—The segment from the head 

of Mystery Canyon to the junction with the North Fork 

of the Virgin River and adjacent land rim-to-rim, as a 

wild river. 

‘‘(CC) ECHO CANYON.—The segment from the eastern 

boundary of Zion National Park to the junction with the 

North Fork of the Virgin River and adjacent land rimto-rim, as a wild river. 

‘‘(DD) BEHUNIN CANYON.—The segment from the head 

of Behunin Canyon to the junction with the North Fork 

of the Virgin River and adjacent land rim-to-rim, as a 

wild river. 

‘‘(EE) HEAPS CANYON.—The segment from the head 

of Heaps Canyon to the junction with the North Fork 

of the Virgin River and adjacent land rim-to-rim, as a 

wild river. 

‘‘(FF) BIRCH CREEK.—The segment from the head of 

Birch Creek to the junction with the North Fork of the 

Virgin River and adjacent land 1⁄2-mile wide, as a wild 

river. 


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‘‘(GG) OAK CREEK.—The segment of Oak Creek from 

the head of Oak Creek to where the forks join and adjacent 

land 1⁄2-mile wide, as a wild river. 

‘‘(HH) OAK CREEK.—The 1-mile segment of Oak Creek 

from the point at which the 2 forks of Oak Creek join 

to the junction with the North Fork of the Virgin River 

and adjacent land 1⁄2-mile wide, as a recreational river. 

‘‘(II) CLEAR CREEK.—The 6.4-mile segment of Clear 

Creek from the eastern boundary of Zion National Park 

to the junction with Pine Creek and adjacent land rimto-rim, as a recreational river. 

‘‘(JJ) PINE CREEK .—The 2-mile segment of Pine Creek 

from the head of Pine Creek to the junction with Clear 

Creek and adjacent land rim-to-rim, as a wild river. 

‘‘(KK) PINE CREEK.—The 3-mile segment of Pine Creek 

from the junction with Clear Creek to the junction with 

the North Fork of the Virgin River and adjacent land 

rim-to-rim, as a recreational river. 

‘‘(LL) EAST FORK OF THE VIRGIN RIVER.—The 8-mile 

segment of the East Fork of the Virgin River from the 

eastern boundary of Zion National Park through 

Parunuweap Canyon to the western boundary of Zion 

National Park and adjacent land 1⁄2-mile wide, as a wild 

river. 

‘‘(MM) SHUNES CREEK.—The 3-mile segment of Shunes 

Creek from the dry waterfall on land administered by 

the Bureau of Land Management through Zion National 

Park to the western boundary of Zion National Park and 

adjacent land 1⁄2-mile wide as a wild river.’’. 

(b) INCORPORATION OF ACQUIRED NON-FEDERAL LAND.—If the 

United States acquires any non-Federal land within or adjacent 

to Zion National Park that includes a river segment that is contiguous to a river segment of the Virgin River designated as a wild, 

scenic, or recreational river by paragraph (204) of section 3(a) 

of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added 

by subsection (a)), the acquired river segment shall be incorporated 

in, and be administered as part of, the applicable wild, scenic, 

or recreational river. 

(c) SAVINGS CLAUSE.—The amendment made by subsection (a) 

does not affect the agreement among the United States, the State, 

the Washington County Water Conservancy District, and the Kane 

County Water Conservancy District entitled ‘‘Zion National Park 

Water Rights Settlement Agreement’’ and dated December 4, 1996. 

SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND 

TRANSPORTATION MANAGEMENT PLAN. 

(a) DEFINITIONS.—In this section: 

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

of the Interior. 

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

(A) with respect to land managed by the Bureau of 

Land Management, the Secretary; and 

(B) with respect to land managed by the Forest Service, 

the Secretary of Agriculture. 

(3) TRAIL.—The term ‘‘trail’’ means the High Desert OffHighway Vehicle Trail designated under subsection (c)(1)(A). 

16 USC 1274 

note. 

16 USC 1274 

note. 


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(4) TRAVEL MANAGEMENT PLAN.—The term ‘‘travel management plan’’ means the comprehensive travel and transportation 

management plan developed under subsection (b)(1). 

(b) COMPREHENSIVE TRAVEL AND TRANSPORTATION MANAGE- MENT PLAN.— (1) IN GENERAL.—Not later than 3 years after the date 

of enactment of this Act, in accordance with the Federal Land 

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

and other applicable laws (including regulations), the Secretary, 

in consultation with appropriate Federal agencies and State, 

tribal, and local governmental entities, and after an opportunity 

for public comment, shall develop a comprehensive travel 

management plan for the land managed by the Bureau of 

Land Management in the County— 

(A) to provide to the public a clearly marked network 

of roads and trails with signs and maps to promote— 

(i) public safety and awareness; and 

(ii) enhanced recreation and general access 

opportunities; 

(B) to help reduce in the County growing conflicts 

arising from interactions between— 

(i) motorized recreation; and 

(ii) the important resource values of public land; 

(C) to promote citizen-based opportunities for— 

(i) the monitoring and stewardship of the trail; 

and 

(ii) trail system management; and 

(D) to support law enforcement officials in promoting— 

(i) compliance with off-highway vehicle laws 

(including regulations); and 

(ii) effective deterrents of abuses of public land. 

(2) SCOPE; CONTENTS.—In developing the travel management plan, the Secretary shall— 

(A) in consultation with appropriate Federal agencies, 

State, tribal, and local governmental entities (including 

the County and St. George City, Utah), and the public, 

identify 1 or more alternatives for a northern transportation route in the County; 

(B) ensure that the travel management plan contains 

a map that depicts the trail; and 

(C) designate a system of areas, roads, and trails for 

mechanical and motorized use. 

(c) DESIGNATION OF TRAIL.— 

(1) DESIGNATION.— 

(A) IN GENERAL.—As a component of the travel 

management plan, and in accordance with subparagraph 

(B), the Secretary, in coordination with the Secretary of 

Agriculture, and after an opportunity for public comment, 

shall designate a trail (which may include a system of 

trails)— 

(i) for use by off-highway vehicles; and 

(ii) to be known as the ‘‘High Desert Off-Highway 

Vehicle Trail’’. 

(B) REQUIREMENTS.—In designating the trail, the Secretary shall only include trails that are— 

(i) as of the date of enactment of this Act, authorized for use by off-highway vehicles; and 

Deadline. 


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(ii) located on land that is managed by the Bureau 

of Land Management in the County. 

(C) NATIONAL FOREST LAND.—The Secretary of Agriculture, in coordination with the Secretary and in accordance with applicable law, may designate a portion of the 

trail on National Forest System land within the County. 

(D) MAP.—A map that depicts the trail shall be on 

file and available for public inspection in the appropriate 

offices of— 

(i) the Bureau of Land Management; and 

(ii) the Forest Service. 

(2) MANAGEMENT.— 

(A) IN GENERAL.—The Secretary concerned shall manage the trail— 

(i) in accordance with applicable laws (including 

regulations); 

(ii) to ensure the safety of citizens who use the 

trail; and 

(iii) in a manner by which to minimize any damage 

to sensitive habitat or cultural resources. 

(B) MONITORING; EVALUATION.—To minimize the 

impacts of the use of the trail on environmental and cultural resources, the Secretary concerned shall— 

(i) annually assess the effects of the use of offhighway vehicles on— 

(I) the trail; and 

(II) land located in proximity to the trail; and 

(ii) in consultation with the Utah Department of 

Natural Resources, annually assess the effects of the 

use of the trail on wildlife and wildlife habitat. 

(C) CLOSURE.—The Secretary concerned, in consultation with the State and the County, and subject to subparagraph (D), may temporarily close or permanently reroute 

a portion of the trail if the Secretary concerned determines 

that— 

(i) the trail is having an adverse impact on— 

(I) wildlife habitats; 

(II) natural resources; 

(III) cultural resources; or 

(IV) traditional uses; 

(ii) the trail threatens public safety; or 

(iii) closure of the trail is necessary— 

(I) to repair damage to the trail; or 

(II) to repair resource damage. 

(D) REROUTING.—Any portion of the trail that is temporarily closed by the Secretary concerned under subparagraph (C) may be permanently rerouted along any road 

or trail— 

(i) that is— 

(I) in existence as of the date of the closure 

of the portion of the trail; 

(II) located on public land; and 

(III) open to motorized use; and 

(ii) if the Secretary concerned determines that 

rerouting the portion of the trail would not significantly 

increase or decrease the length of the trail. 

Deadlines. 

Assessments. 


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(E) NOTICE OF AVAILABLE ROUTES.—The Secretary, in 

coordination with the Secretary of Agriculture, shall ensure 

that visitors to the trail have access to adequate notice 

relating to the availability of trail routes through— 

(i) the placement of appropriate signage along the 

trail; and 

(ii) the distribution of maps, safety education materials, and other information that the Secretary concerned determines to be appropriate. 

(3) EFFECT.—Nothing in this section affects the ownership, 

management, or other rights relating to any non-Federal land 

(including any interest in any non-Federal land). 

SEC. 1978. LAND DISPOSAL AND ACQUISITION. 

(a) IN GENERAL.—Consistent with applicable law, the Secretary 

of the Interior may sell public land located within Washington 

County, Utah, that, as of July 25, 2000, has been identified for 

disposal in appropriate resource management plans. 

(b) USE OF PROCEEDS.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law (other than a law that specifically provides for a portion 

of the proceeds of a land sale to be distributed to any trust 

fund of the State), proceeds from the sale of public land under 

subsection (a) shall be deposited in a separate account in the 

Treasury to be known as the ‘‘Washington County, Utah Land 

Acquisition Account’’. 

(2) AVAILABILITY.— 

(A) IN GENERAL.—Amounts in the account shall be 

available to the Secretary, without further appropriation, 

to purchase from willing sellers lands or interests in land 

within the wilderness areas and National Conservation 

Areas established by this subtitle. 

(B) APPLICABILITY.—Any purchase of land or interest 

in land under subparagraph (A) shall be in accordance 

with applicable law. 

SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS. 

(a) IN GENERAL.—In accordance with applicable Federal laws 

(including regulations), the Secretary of the Interior shall— 

(1) identify areas located in the County where biological 

conservation is a priority; and 

(2) undertake activities to conserve and restore plant and 

animal species and natural communities within such areas. 

(b) GRANTS; COOPERATIVE AGREEMENTS.—In carrying out subsection (a), the Secretary of the Interior may make grants to, 

or enter into cooperative agreements with, State, tribal, and local 

governmental entities and private entities to conduct research, 

develop scientific analyses, and carry out any other initiative 

relating to the restoration or conservation of the areas. 

SEC. 1980. PUBLIC PURPOSE CONVEYANCES. 

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

requirements of sections 202 and 203 of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1712, 1713), upon the 

request of the appropriate local governmental entity, as described 

below, the Secretary shall convey the following parcels of public 

land without consideration, subject to the provisions of this section: 


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(1) TEMPLE QUARRY.—The approximately 122-acre parcel 

known as ‘‘Temple Quarry’’ as generally depicted on the Washington County Growth and Conservation Act Map as ‘‘Parcel 

B’’, to the City of St. George, Utah, for open space and public 

recreation purposes. 

(2) HURRICANE CITY SPORTS PARK.—The approximately 41- 

acre parcel as generally depicted on the Washington County 

Growth and Conservation Act Map as ‘‘Parcel C’’, to the City 

of Hurricane, Utah, for public recreation purposes and public 

administrative offices. 

(3) WASHINGTON COUNTY SCHOOL DISTRICT.—The approximately 70-acre parcel as generally depicted on the Washington 

County Growth and Conservation Act Map as ‘‘Parcel D’’, to 

the Washington County Public School District for use for public 

school and related educational and administrative purposes. 

(4) WASHINGTON COUNTY JAIL.—The approximately 80-acre 

parcel as generally depicted on the Washington County Growth 

and Conservation Act Map as ‘‘Parcel E’’, to Washington 

County, Utah, for expansion of the Purgatory Correctional 

Facility. 

(5) HURRICANE EQUESTRIAN PARK.—The approximately 40- 

acre parcel as generally depicted on the Washington County 

Growth and Conservation Act Map as ‘‘Parcel F’’, to the City 

of Hurricane, Utah, for use as a public equestrian park. 

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

after the date of enactment of this Act, the Secretary shall finalize 

legal descriptions of the parcels to be conveyed under this section. 

The Secretary may correct any minor errors in the map referenced 

in subsection (a) or in the applicable legal descriptions. The map 

and legal descriptions shall be on file and available for public 

inspection in the appropriate offices of the Bureau of Land Management. 

(c) REVERSION.— 

(1) IN GENERAL.—If any parcel conveyed under this section 

ceases to be used for the public purpose for which the parcel 

was conveyed, as described in subsection (a), the land shall, 

at the discretion of the Secretary based on his determination 

of the best interests of the United States, revert to the United 

States. 

(2) RESPONSIBILITY OF LOCAL GOVERNMENTAL ENTITY.—If 

the Secretary determines pursuant to paragraph (1) that the 

land should revert to the United States, and if the Secretary 

determines that the land is contaminated with hazardous 

waste, the local governmental entity to which the land was 

conveyed shall be responsible for remediation of the contamination. 

SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST LAND. 

(a) DEFINITIONS.—In this section: 

(1) COVERED FEDERAL LAND.—The term ‘‘covered Federal 

land’’ means the approximately 66.07 acres of land in the 

Dixie National Forest in the State, as depicted on the map. 

(2) LANDOWNER.—The term ‘‘landowner’’ means Kirk R. 

Harrison, who owns land in Pinto Valley, Utah. 

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

‘‘Conveyance of Dixie National Forest Land’’ and dated 

December 18, 2008. 


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

of Agriculture. 

(b) CONVEYANCE.— 

(1) IN GENERAL.—The Secretary may convey to the landowner all right, title, and interest of the United States in 

and to any of the covered Federal land (including any improvements or appurtenances to the covered Federal land) by sale 

or exchange. 

(2) LEGAL DESCRIPTION.—The exact acreage and legal 

description of the covered Federal land to be conveyed under 

paragraph (1) shall be determined by surveys satisfactory to 

the Secretary. 

(3) CONSIDERATION.— (A) IN GENERAL.—As consideration for any conveyance 

by sale under paragraph (1), the landowner shall pay to 

the Secretary an amount equal to the fair market value 

of any Federal land conveyed, as determined under 

subparagraph (B). 

(B) APPRAISAL.—The fair market value of any Federal 

land that is conveyed under paragraph (1) shall be determined by an appraisal acceptable to the Secretary that 

is performed in accordance with— 

(i) the Uniform Appraisal Standards for Federal 

Land Acquisitions; 

(ii) the Uniform Standards of Professional 

Appraisal Practice; and 

(iii) any other applicable law (including regulations). 

(4) DISPOSITION AND USE OF PROCEEDS.— 

(A) DISPOSITION OF PROCEEDS.—The Secretary shall 

deposit the proceeds of any sale of land under paragraph 

(1) in the fund established under Public Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

(B) USE OF PROCEEDS.—Amounts deposited under 

subparagraph (A) shall be available to the Secretary, without further appropriation and until expended, for the 

acquisition of real property or interests in real property 

for inclusion in the Dixie National Forest in the State. 

(5) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 

may require any additional terms and conditions for any 

conveyance under paragraph (1) that the Secretary determines 

to be appropriate to protect the interests of the United States. 

SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS BAND OF 

PAIUTE INDIANS. 

(a) DEFINITIONS.—In this section: 

(1) PARCEL A.—The term ‘‘Parcel A’’ means the parcel that 

consists of approximately 640 acres of land that is— 

(A) managed by the Bureau of Land Management; 

(B) located in Washington County, Utah; and 

(C) depicted on the map entitled ‘‘Washington County 

Growth and Conservation Act Map’’. 

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

of the Interior. 

(3) TRIBE.—The term ‘‘Tribe’’ means the Shivwits Band 

of Paiute Indians of the State of Utah. 

(b) PARCEL TO BE HELD IN TRUST.— 

25 USC 766 note. 


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(1) IN GENERAL.—At the request of the Tribe, the Secretary 

shall take into trust for the benefit of the Tribe all right, 

title, and interest of the United States in and to Parcel A. 

(2) SURVEY; LEGAL DESCRIPTION.— (A) SURVEY.—Not later than 180 days after the date 

of enactment of this Act, the Secretary, acting through 

the Director of the Bureau of Land Management, shall 

complete a survey of Parcel A to establish the boundary 

of Parcel A. 

(B) LEGAL DESCRIPTION OF PARCEL A.— 

(i) IN GENERAL.—Upon the completion of the 

survey under subparagraph (A), the Secretary shall 

publish in the Federal Register a legal description 

of— 

(I) the boundary line of Parcel A; and 

(II) Parcel A. 

(ii) TECHNICAL CORRECTIONS.—Before the date of 

publication of the legal descriptions under clause (i), 

the Secretary may make minor corrections to correct 

technical and clerical errors in the legal descriptions. 

(iii) EFFECT.—Effective beginning on the date of 

publication of the legal descriptions under clause (i), 

the legal descriptions shall be considered to be the 

official legal descriptions of Parcel A. 

(3) EFFECT.—Nothing in this section— 

(A) affects any valid right in existence on the date 

of enactment of this Act; 

(B) enlarges, impairs, or otherwise affects any right 

or claim of the Tribe to any land or interest in land other 

than to Parcel A that is— 

(i) based on an aboriginal or Indian title; and 

(ii) in existence as of the date of enactment of 

this Act; or 

(C) constitutes an express or implied reservation of 

water or a water right with respect to Parcel A. 

(4) LAND TO BE MADE A PART OF THE RESERVATION.—Land 

taken into trust pursuant to this section shall be considered 

to be part of the reservation of the Tribe. 

SEC. 1983. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this subtitle. 

TITLE II—BUREAU OF LAND 

MANAGEMENT AUTHORIZATIONS 

Subtitle A—National Landscape 

Conservation System 

SEC. 2001. DEFINITIONS. 

In this subtitle: 

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

of the Interior. 

(2) SYSTEM.—The term ‘‘system’’ means the National Landscape Conservation System established by section 2002(a). 

16 USC 7201. 

Effective date. 

Federal Register, 

publication. 

Deadline. 


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SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE CONSERVATION SYSTEM. 

(a) ESTABLISHMENT.—In order to conserve, protect, and restore 

nationally significant landscapes that have outstanding cultural, 

ecological, and scientific values for the benefit of current and future 

generations, there is established in the Bureau of Land Management the National Landscape Conservation System. 

(b) COMPONENTS.—The system shall include each of the following areas administered by the Bureau of Land Management: 

(1) Each area that is designated as— 

(A) a national monument; 

(B) a national conservation area; 

(C) a wilderness study area; 

(D) a national scenic trail or national historic trail 

designated as a component of the National Trails System; 

(E) a component of the National Wild and Scenic Rivers 

System; or 

(F) a component of the National Wilderness Preservation System. 

(2) Any area designated by Congress to be administered 

for conservation purposes, including— 

(A) the Steens Mountain Cooperative Management and 

Protection Area; 

(B) the Headwaters Forest Reserve; 

(C) the Yaquina Head Outstanding Natural Area; 

(D) public land within the California Desert Conservation Area administered by the Bureau of Land Management 

for conservation purposes; and 

(E) any additional area designated by Congress for 

inclusion in the system. 

(c) MANAGEMENT.—The Secretary shall manage the system— 

(1) in accordance with any applicable law (including regulations) relating to any component of the system included under 

subsection (b); and 

(2) in a manner that protects the values for which the 

components of the system were designated. 

(d) EFFECT.— 

(1) IN GENERAL.—Nothing in this subtitle enhances, diminishes, or modifies any law or proclamation (including regulations relating to the law or proclamation) under which the 

components of the system described in subsection (b) were 

established or are managed, including— 

(A) the Alaska National Interest Lands Conservation 

Act (16 U.S.C. 3101 et seq.); 

(B) the Wilderness Act (16 U.S.C. 1131 et seq.); 

(C) the Wild and Scenic Rivers Act (16 U.S.C. 1271 

et seq.); 

(D) the National Trails System Act (16 U.S.C. 1241 

et seq.); and 

(E) the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1701 et seq.). 

(2) FISH AND WILDLIFE.—Nothing in this subtitle shall be 

construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate 

fish and resident wildlife under State law or regulations, 

including the regulation of hunting, fishing, trapping and recreational shooting on public land managed by the Bureau of 

16 USC 7202. 


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Land Management. Nothing in this subtitle shall be construed 

as limiting access for hunting, fishing, trapping, or recreational 

shooting. 

SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this subtitle. 

Subtitle B—Prehistoric Trackways 

National Monument 

SEC. 2101. FINDINGS. 

Congress finds that— 

(1) in 1987, a major deposit of Paleozoic Era fossilized 

footprint megatrackways was discovered in the Robledo Mountains in southern New Mexico; 

(2) the trackways contain footprints of numerous amphibians, reptiles, and insects (including previously unknown species), plants, and petrified wood dating back approximately 

280,000,000 years, which collectively provide new opportunities 

to understand animal behaviors and environments from a time 

predating the dinosaurs; 

(3) title III of Public Law 101–578 (104 Stat. 2860)— 

(A) provided interim protection for the site at which 

the trackways were discovered; and 

(B) directed the Secretary of the Interior to— 

(i) prepare a study assessing the significance of 

the site; and 

(ii) based on the study, provide recommendations 

for protection of the paleontological resources at the 

site; 

(4) the Bureau of Land Management completed the Paleozoic Trackways Scientific Study Report in 1994, which 

characterized the site as containing ‘‘the most scientifically 

significant Early Permian tracksites’’ in the world; 

(5) despite the conclusion of the study and the recommendations for protection, the site remains unprotected and many 

irreplaceable trackways specimens have been lost to vandalism 

or theft; and 

(6) designation of the trackways site as a National Monument would protect the unique fossil resources for present 

and future generations while allowing for public education and 

continued scientific research opportunities. 

SEC. 2102. DEFINITIONS. 

In this subtitle: 

(1) MONUMENT.—The term ‘‘Monument’’ means the Prehistoric Trackways National Monument established by section 

2103(a). 

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

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

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

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

of the Interior. 

New Mexico. 

16 USC 431 note. 

16 USC 7203. 


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SEC. 2103. ESTABLISHMENT. 

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

the unique and nationally important paleontological, scientific, educational, scenic, and recreational resources and values of the public 

land described in subsection (b), there is established the Prehistoric 

Trackways National Monument in the State of New Mexico. 

(b) DESCRIPTION OF LAND.—The Monument shall consist of 

approximately 5,280 acres of public land in Don ̃ a Ana County, 

New Mexico, as generally depicted on the map entitled ‘‘Prehistoric 

Trackways National Monument’’ and dated December 17, 2008. 

(c) MAP; LEGAL DESCRIPTION.— 

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

of enactment of this Act, the Secretary shall prepare and submit 

to Congress an official map and legal description of the Monument. 

(2) CORRECTIONS.—The map and legal description submitted under paragraph (1) shall have the same force and 

effect as if included in this subtitle, except that the Secretary 

may correct any clerical or typographical errors in the legal 

description and the map. 

(3) CONFLICT BETWEEN MAP AND LEGAL DESCRIPTION.—In 

the case of a conflict between the map and the legal description, 

the map shall control. 

(4) AVAILABILITY OF MAP AND LEGAL DESCRIPTION.—Copies 

of the map and legal description shall be on file and available 

for public inspection in the appropriate offices of the Bureau 

of Land Management. 

(d) MINOR BOUNDARY ADJUSTMENTS.—If additional paleontological resources are discovered on public land adjacent to the Monument after the date of enactment of this Act, the Secretary may 

make minor boundary adjustments to the Monument to include 

the resources in the Monument. 

SEC. 2104. ADMINISTRATION. 

(a) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall manage the Monument— 

(A) in a manner that conserves, protects, and enhances 

the resources and values of the Monument, including the 

resources and values described in section 2103(a); and 

(B) in accordance with— 

(i) this subtitle; 

(ii) the Federal Land Policy and Management Act 

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

(iii) other applicable laws. 

(2) NATIONAL LANDSCAPE CONSERVATION SYSTEM.—The 

Monument shall be managed as a component of the National 

Landscape Conservation System. 

(b) MANAGEMENT PLAN.— 

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

of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and 

management of the Monument. 

(2) COMPONENTS.—The management plan under paragraph 

(1)— 

(A) shall— 

Deadline. 

New Mexico. 


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(i) describe the appropriate uses and management 

of the Monument, consistent with the provisions of 

this subtitle; and 

(ii) allow for continued scientific research at the 

Monument during the development of the management 

plan; and 

(B) may— 

(i) incorporate any appropriate decisions contained 

in any current management or activity plan for the 

land described in section 2103(b); and 

(ii) use information developed in studies of any 

land within or adjacent to the Monument that were 

conducted before the date of enactment of this Act. 

(c) AUTHORIZED USES.—The Secretary shall only allow uses 

of the Monument that the Secretary determines would further 

the purposes for which the Monument has been established. 

(d) INTERPRETATION, EDUCATION, AND SCIENTIFIC RESEARCH.— 

(1) IN GENERAL.—The Secretary shall provide for public 

interpretation of, and education and scientific research on, the 

paleontological resources of the Monument, with priority given 

to exhibiting and curating the resources in Don ̃a Ana County, 

New Mexico. 

(2) COOPERATIVE AGREEMENTS.—The Secretary may enter 

into cooperative agreements with appropriate public entities 

to carry out paragraph (1). 

(e) SPECIAL MANAGEMENT AREAS.— 

(1) IN GENERAL.—The establishment of the Monument shall 

not change the management status of any area within the 

boundary of the Monument that is— 

(A) designated as a wilderness study area and managed 

in accordance with section 603(c) of the Federal Land Policy 

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

(B) managed as an area of critical environment concern. 

(2) CONFLICT OF LAWS.—If there is a conflict between the 

laws applicable to the areas described in paragraph (1) and 

this subtitle, the more restrictive provision shall control. 

(f) MOTORIZED VEHICLES.— 

(1) IN GENERAL.—Except as needed for administrative purposes or to respond to an emergency, the use of motorized 

vehicles in the Monument shall be allowed only on roads and 

trails designated for use by motorized vehicles under the 

management plan prepared under subsection (b). 

(2) PERMITTED EVENTS.—The Secretary may issue permits 

for special recreation events involving motorized vehicles within 

the boundaries of the Monument— 

(A) to the extent the events do not harm paleontological 

resources; and 

(B) subject to any terms and conditions that the Secretary determines to be necessary. 

(g) WITHDRAWALS.—Subject to valid existing rights, any Federal 

land within the Monument and any land or interest in land that 

is acquired by the United States for inclusion in the Monument 

after the date of enactment of this Act are withdrawn from— 

(1) entry, appropriation, or disposal under the public land 

laws; 


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(2) location, entry, and patent under the mining laws; 

and 

(3) operation of the mineral leasing laws, geothermal 

leasing laws, and minerals materials laws. 

(h) GRAZING.—The Secretary may allow grazing to continue 

in any area of the Monument in which grazing is allowed before 

the date of enactment of this Act, subject to applicable laws 

(including regulations). 

(i) WATER RIGHTS.—Nothing in this subtitle constitutes an 

express or implied reservation by the United States of any water 

or water rights with respect to the Monument. 

SEC. 2105. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this subtitle. 

Subtitle C—Fort Stanton-Snowy River 

Cave National Conservation Area 

SEC. 2201. DEFINITIONS. 

In this subtitle: 

(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’ 

means the Fort Stanton-Snowy River Cave National Conservation Area established by section 2202(a). 

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

means the management plan developed for the Conservation 

Area under section 2203(c). 

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

of the Interior, acting through the Director of the Bureau 

of Land Management. 

SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY RIVER 

CAVE NATIONAL CONSERVATION AREA. 

(a) ESTABLISHMENT; PURPOSES.—There is established the Fort 

Stanton-Snowy River Cave National Conservation Area in Lincoln 

County, New Mexico, to protect, conserve, and enhance the unique 

and nationally important historic, cultural, scientific, archaeological, 

natural, and educational subterranean cave resources of the Fort 

Stanton-Snowy River cave system. 

(b) AREA INCLUDED.—The Conservation Area shall include the 

area within the boundaries depicted on the map entitled ‘‘Fort 

Stanton-Snowy River Cave National Conservation Area’’ and dated 

December 15, 2008. 

(c) MAP AND LEGAL DESCRIPTION.— 

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

of enactment of this Act, the Secretary shall submit to Congress 

a map and legal description of the Conservation Area. 

(2) EFFECT.—The map and legal description of the Conservation Area shall have the same force and effect as if 

included in this subtitle, except that the Secretary may correct 

any minor errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—The map and legal description 

of the Conservation Area shall be available for public inspection 

in the appropriate offices of the Bureau of Land Management. 

16 USC 

460yyy–1. 

16 USC 460yyy. 

New Mexico. 


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SEC. 2203. MANAGEMENT OF THE CONSERVATION AREA. 

(a) MANAGEMENT.— (1) IN GENERAL.—The Secretary shall manage the Conservation Area— 

(A) in a manner that conserves, protects, and enhances 

the resources and values of the Conservation Area, 

including the resources and values described in section 

2202(a); and 

(B) in accordance with— 

(i) this subtitle; 

(ii) the Federal Land Policy and Management Act 

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

(iii) any other applicable laws. 

(2) USES.—The Secretary shall only allow uses of the Conservation Area that are consistent with the protection of the 

cave resources. 

(3) REQUIREMENTS.—In administering the Conservation 

Area, the Secretary shall provide for— 

(A) the conservation and protection of the natural and 

unique features and environs for scientific, educational, 

and other appropriate public uses of the Conservation Area; 

(B) public access, as appropriate, while providing for 

the protection of the cave resources and for public safety; 

(C) the continuation of other existing uses or other 

new uses of the Conservation Area that do not impair 

the purposes for which the Conservation Area is established; 

(D) management of the surface area of the Conservation Area in accordance with the Fort Stanton Area of 

Critical Environmental Concern Final Activity Plan dated 

March, 2001, or any amendments to the plan, consistent 

with this subtitle; and 

(E) scientific investigation and research opportunities 

within the Conservation Area, including through partnerships with colleges, universities, schools, scientific institutions, researchers, and scientists to conduct research and 

provide educational and interpretive services within the 

Conservation Area. 

(b) WITHDRAWALS.—Subject to valid existing rights, all Federal 

surface and subsurface land within the Conservation Area and 

all land and interests in the land that are acquired by the United 

States after the date of enactment of this Act for inclusion in 

the Conservation Area, are withdrawn from— 

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

the general land laws; 

(2) location, entry, and patent under the mining laws; 

and 

(3) operation under the mineral leasing and geothermal 

leasing laws. 

(c) MANAGEMENT PLAN.— 

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

of enactment of this Act, the Secretary shall develop a comprehensive plan for the long-term management of the Conservation Area. 

(2) PURPOSES.—The management plan shall— 

(A) describe the appropriate uses and management 

of the Conservation Area; 

Deadline. 

16 USC 

460yyy–2. 


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(B) incorporate, as appropriate, decisions contained in 

any other management or activity plan for the land within 

or adjacent to the Conservation Area; 

(C) take into consideration any information developed 

in studies of the land and resources within or adjacent 

to the Conservation Area; and 

(D) provide for a cooperative agreement with Lincoln 

County, New Mexico, to address the historical involvement 

of the local community in the interpretation and protection 

of the resources of the Conservation Area. 

(d) RESEARCH AND INTERPRETIVE FACILITIES.— 

(1) IN GENERAL.—The Secretary may establish facilities 

for— 

(A) the conduct of scientific research; and 

(B) the interpretation of the historical, cultural, scientific, archaeological, natural, and educational resources 

of the Conservation Area. 

(2) COOPERATIVE AGREEMENTS.—The Secretary may, in a 

manner consistent with this subtitle, enter into cooperative 

agreements with the State of New Mexico and other institutions 

and organizations to carry out the purposes of this subtitle. 

(e) WATER RIGHTS.—Nothing in this subtitle constitutes an 

express or implied reservation of any water right. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this subtitle. 

Subtitle D—Snake River Birds of Prey 

National Conservation Area 

SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION 

AREA. 

(a) RENAMING.—Public Law 103–64 is amended— 

(1) in section 2(2) (16 U.S.C. 460iii–1(2)), by inserting 

‘‘Morley Nelson’’ before ‘‘Snake River Birds of Prey National 

Conservation Area’’; and 

(2) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by inserting 

‘‘Morley Nelson’’ before ‘‘Snake River Birds of Prey National 

Conservation Area’’. 

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

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

River Birds of Prey National Conservation Area shall be deemed 

to be a reference to the Morley Nelson Snake River Birds of Prey 

National Conservation Area. 

(c) TECHNICAL CORRECTIONS.—Public Law 103–64 is further 

amended— 

(1) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by striking 

‘‘(hereafter referred to as the ‘conservation area’)’’; and 

(2) in section 4 (16 U.S.C. 460iii–3)— 

(A) in subsection (a)(2), by striking ‘‘Conservation Area’’ 

and inserting ‘‘conservation area’’; and 

(B) in subsection (d), by striking ‘‘Visitors Center’’ and 

inserting ‘‘visitors center’’. 

16 USC 460iii 

note. 

16 USC 

460yyy–3. 


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123 STAT. 1102 PUBLIC LAW 111–11—MAR. 30, 2009 

Subtitle E—Dominguez-Escalante National 

Conservation Area 

SEC. 2401. DEFINITIONS. 

In this subtitle: 

(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’ 

means the Dominguez-Escalante National Conservation Area 

established by section 2402(a)(1). 

(2) COUNCIL.—The term ‘‘Council’’ means the DominguezEscalante National Conservation Area Advisory Council established under section 2407. 

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

means the management plan developed under section 2406. 

(4) MAP.—The term ‘‘Map’’ means the map entitled 

‘‘Dominguez-Escalante National Conservation Area’’ and dated 

September 15, 2008. 

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

of the Interior. 

(6) STATE.—The term ‘‘State’’ means the State of Colorado. 

(7) WILDERNESS.—The term ‘‘Wilderness’’ means the 

Dominguez Canyon Wilderness Area designated by section 

2403(a). 

SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established the DominguezEscalante National Conservation Area in the State. 

(2) AREA INCLUDED.—The Conservation Area shall consist 

of approximately 209,610 acres of public land, as generally 

depicted on the Map. 

(b) PURPOSES.—The purposes of the Conservation Area are 

to conserve and protect for the benefit and enjoyment of present 

and future generations— 

(1) the unique and important resources and values of the 

land, including the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, 

riparian, historical, educational, and scenic resources of the 

public land; and 

(2) the water resources of area streams, based on seasonally 

available flows, that are necessary to support aquatic, riparian, 

and terrestrial species and communities. 

(c) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall manage the Conservation Area— 

(A) as a component of the National Landscape Conservation System; 

(B) in a manner that conserves, protects, and enhances 

the resources and values of the Conservation Area 

described in subsection (b); and 

(C) in accordance with— 

(i) the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1701 et seq.); 

(ii) this subtitle; and 

(iii) any other applicable laws. 

(2) USES.— 

16 USC 

460zzz–1. 

16 USC 460zzz. 


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(A) IN GENERAL.—The Secretary shall allow only such 

uses of the Conservation Area as the Secretary determines 

would further the purposes for which the Conservation 

Area is established. 

(B) USE OF MOTORIZED VEHICLES.— 

(i) IN GENERAL.—Except as provided in clauses 

(ii) and (iii), use of motorized vehicles in the Conservation Area shall be allowed— 

(I) before the effective date of the management 

plan, only on roads and trails designated for use 

of motor vehicles in the management plan that 

applies on the date of the enactment of this Act 

to the public land in the Conservation Area; and 

(II) after the effective date of the management 

plan, only on roads and trails designated in the 

management plan for the use of motor vehicles. 

(ii) ADMINISTRATIVE AND EMERGENCY RESPONSE

USE.—Clause (i) shall not limit the use of motor 

vehicles in the Conservation Area for administrative 

purposes or to respond to an emergency. 

(iii) LIMITATION.—This subparagraph shall not 

apply to the Wilderness. 

SEC. 2403. DOMINGUEZ CANYON WILDERNESS AREA. 

(a) IN GENERAL.—In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), the approximately 66,280 acres of public land 

in Mesa, Montrose, and Delta Counties, Colorado, as generally 

depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known 

as the ‘‘Dominguez Canyon Wilderness Area’’. 

(b) ADMINISTRATION OF WILDERNESS.—The Wilderness shall be 

managed by the Secretary in accordance with the Wilderness Act 

(16 U.S.C. 1131 et seq.) and this subtitle, except that— 

(1) any reference in the Wilderness Act to the effective 

date of that Act shall be considered to be a reference to the 

date of enactment of this Act; and 

(2) any reference in the Wilderness Act to the Secretary 

of Agriculture shall be considered to be a reference to the 

Secretary of the Interior. 

SEC. 2404. MAPS AND LEGAL DESCRIPTIONS. 

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Conservation Area and the Wilderness with— 

(1) the Committee on Energy and Natural Resources of 

the Senate; and 

(2) the Committee on Natural Resources of the House of 

Representatives. 

(b) FORCE AND EFFECT.—The Map and legal descriptions filed 

under subsection (a) shall have the same force and effect as if 

included in this subtitle, except that the Secretary may correct 

clerical and typographical errors in the Map and legal descriptions. 

(c) PUBLIC AVAILABILITY.—The Map and legal descriptions filed 

under subsection (a) shall be available for public inspection in 

the appropriate offices of the Bureau of Land Management. 

16 USC 

460zzz–3. 

16 USC 

460zzz–2. 

16 USC 1132 

note. 


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SEC. 2405. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS. 

(a) WITHDRAWAL.—Subject to valid existing rights, all Federal 

land within the Conservation Area and the Wilderness and all 

land and interests in land acquired by the United States within 

the Conservation Area or the Wilderness is withdrawn from— 

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

the public land laws; 

(2) location, entry, and patent under the mining laws; 

and 

(3) operation of the mineral leasing, mineral materials, 

and geothermal leasing laws. 

(b) GRAZING.— (1) GRAZING IN CONSERVATION AREA.—Except as provided 

in paragraph (2), the Secretary shall issue and administer 

any grazing leases or permits in the Conservation Area in 

accordance with the laws (including regulations) applicable to 

the issuance and administration of such leases and permits 

on other land under the jurisdiction of the Bureau of Land 

Management. 

(2) GRAZING IN WILDERNESS.—The grazing of livestock in 

the Wilderness, if established as of the date of enactment 

of this Act, shall be permitted to continue— 

(A) subject to any reasonable regulations, policies, and 

practices that the Secretary determines to be necessary; 

and 

(B) in accordance with— 

(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 

1133(d)(4)); and 

(ii) the guidelines set forth in Appendix A of the 

report of the Committee on Interior and Insular Affairs 

of the House of Representatives accompanying H.R. 

2570 of the 101st Congress (H. Rept. 101–405). 

(c) NO BUFFER ZONES.— 

(1) IN GENERAL.—Nothing in this subtitle creates a protective perimeter or buffer zone around the Conservation Area. 

(2) ACTIVITIES OUTSIDE CONSERVATION AREA.—The fact that 

an activity or use on land outside the Conservation Area can 

be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area. 

(d) ACQUISITION OF LAND.— 

(1) IN GENERAL.—The Secretary may acquire non-Federal 

land within the boundaries of the Conservation Area or the 

Wilderness only through exchange, donation, or purchase from 

a willing seller. 

(2) MANAGEMENT.—Land acquired under paragraph (1) 

shall— 

(A) become part of the Conservation Area and, if 

applicable, the Wilderness; and 

(B) be managed in accordance with this subtitle and 

any other applicable laws. 

(e) FIRE, INSECTS, AND DISEASES.—Subject to such terms and 

conditions as the Secretary determines to be desirable and appropriate, the Secretary may undertake such measures as are necessary to control fire, insects, and diseases— 

(1) in the Wilderness, in accordance with section 4(d)(1) 

of the Wilderness Act (16 U.S.C. 1133(d)(1)); and 

Contracts. 

Permits. 

16 USC 

460zzz–4. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1105 

(2) except as provided in paragraph (1), in the Conservation 

Area in accordance with this subtitle and any other applicable 

laws. 

(f) ACCESS.—The Secretary shall continue to provide private 

landowners adequate access to inholdings in the Conservation Area. 

(g) INVASIVE SPECIES AND NOXIOUS WEEDS.—In accordance with 

any applicable laws and subject to such terms and conditions as 

the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to control nonnative invasive plants 

and noxious weeds within the Conservation Area. 

(h) WATER RIGHTS.— (1) EFFECT.—Nothing in this subtitle— 

(A) affects the use or allocation, in existence on the 

date of enactment of this Act, of any water, water right, 

or interest in water; 

(B) affects any vested absolute or decreed conditional 

water right in existence on the date of enactment of this 

Act, including any water right held by the United States; 

(C) affects any interstate water compact in existence 

on the date of enactment of this Act; 

(D) authorizes or imposes any new reserved Federal 

water rights; or 

(E) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the 

United States in the State on or before the date of enactment of this Act. 

(2) WILDERNESS WATER RIGHTS.— 

(A) IN GENERAL.—The Secretary shall ensure that any 

water rights within the Wilderness required to fulfill the 

purposes of the Wilderness are secured in accordance with 

subparagraphs (B) through (G). 

(B) STATE LAW.— 

(i) PROCEDURAL REQUIREMENTS.—Any water rights 

within the Wilderness for which the Secretary pursues 

adjudication shall be adjudicated, changed, and 

administered in accordance with the procedural 

requirements and priority system of State law. 

(ii) ESTABLISHMENT OF WATER RIGHTS.— 

(I) IN GENERAL.—Except as provided in subclause (II), the purposes and other substantive 

characteristics of the water rights pursued under 

this paragraph shall be established in accordance 

with State law. 

(II) EXCEPTION.—Notwithstanding subclause 

(I) and in accordance with this subtitle, the Secretary may appropriate and seek adjudication of 

water rights to maintain surface water levels and 

stream flows on and across the Wilderness to fulfill 

the purposes of the Wilderness. 

(C) DEADLINE.—The Secretary shall promptly, but not 

earlier than January 2009, appropriate the water rights 

required to fulfill the purposes of the Wilderness. 

(D) REQUIRED DETERMINATION.—The Secretary shall 

not pursue adjudication for any instream flow water rights 

unless the Secretary makes a determination pursuant to 

subparagraph (E)(ii) or (F). 

(E) COOPERATIVE ENFORCEMENT.— 


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123 STAT. 1106 PUBLIC LAW 111–11—MAR. 30, 2009 

(i) IN GENERAL.—The Secretary shall not pursue 

adjudication of any Federal instream flow water rights 

established under this paragraph if— 

(I) the Secretary determines, upon adjudication of the water rights by the Colorado Water 

Conservation Board, that the Board holds water 

rights sufficient in priority, amount, and timing 

to fulfill the purposes of the Wilderness; and 

(II) the Secretary has entered into a perpetual 

agreement with the Colorado Water Conservation 

Board to ensure the full exercise, protection, and 

enforcement of the State water rights within the 

Wilderness to reliably fulfill the purposes of the 

Wilderness. 

(ii) ADJUDICATION.—If the Secretary determines 

that the provisions of clause (i) have not been met, 

the Secretary shall adjudicate and exercise any Federal 

water rights required to fulfill the purposes of the 

Wilderness in accordance with this paragraph. 

(F) INSUFFICIENT WATER RIGHTS.—If the Colorado 

Water Conservation Board modifies the instream flow 

water rights obtained under subparagraph (E) to such a 

degree that the Secretary determines that water rights 

held by the State are insufficient to fulfill the purposes 

of the Wilderness, the Secretary shall adjudicate and exercise Federal water rights required to fulfill the purposes 

of the Wilderness in accordance with subparagraph (B). 

(G) FAILURE TO COMPLY.—The Secretary shall promptly 

act to exercise and enforce the water rights described in 

subparagraph (E) if the Secretary determines that— 

(i) the State is not exercising its water rights consistent with subparagraph (E)(i)(I); or 

(ii) the agreement described in subparagraph 

(E)(i)(II) is not fulfilled or complied with sufficiently 

to fulfill the purposes of the Wilderness. 

(3) WATER RESOURCE FACILITY.— 

(A) IN GENERAL.—Notwithstanding any other provision 

of law and subject to subparagraph (B), beginning on the 

date of enactment of this Act, neither the President nor 

any other officer, employee, or agent of the United States 

shall fund, assist, authorize, or issue a license or permit 

for the development of any new irrigation and pumping 

facility, reservoir, water conservation work, aqueduct, 

canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, 

storage, or carriage structure in the Wilderness. 

(B) EXCEPTION.—Notwithstanding subparagraph (A), 

the Secretary may allow construction of new livestock 

watering facilities within the Wilderness in accordance 

with— 

(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 

1133(d)(4)); and 

(ii) the guidelines set forth in Appendix A of the 

report of the Committee on Interior and Insular Affairs 

of the House of Representatives accompanying H.R. 

2570 of the 101st Congress (H. Rept. 101–405). 


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(4) CONSERVATION AREA WATER RIGHTS.—With respect to 

water within the Conservation Area, nothing in this subtitle— 

(A) authorizes any Federal agency to appropriate or 

otherwise acquire any water right on the mainstem of 

the Gunnison River; or 

(B) prevents the State from appropriating or acquiring, 

or requires the State to appropriate or acquire, an instream 

flow water right on the mainstem of the Gunnison River. 

(5) WILDERNESS BOUNDARIES ALONG GUNNISON RIVER.— (A) IN GENERAL.—In areas in which the Gunnison River 

is used as a reference for defining the boundary of the 

Wilderness, the boundary shall— 

(i) be located at the edge of the river; and 

(ii) change according to the river level. 

(B) EXCLUSION FROM WILDERNESS.—Regardless of the 

level of the Gunnison River, no portion of the Gunnison 

River is included in the Wilderness. 

(i) EFFECT.—Nothing in this subtitle— 

(1) diminishes the jurisdiction of the State with respect 

to fish and wildlife in the State; or 

(2) imposes any Federal water quality standard upstream 

of the Conservation Area or within the mainstem of the Gunnison River that is more restrictive than would be applicable 

had the Conservation Area not been established. 

(j) VALID EXISTING RIGHTS.—The designation of the Conservation Area and Wilderness is subject to valid rights in existence 

on the date of enactment of this Act. 

SEC. 2406. MANAGEMENT PLAN. 

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

enactment of this Act, the Secretary shall develop a comprehensive 

management plan for the long-term protection and management 

of the Conservation Area. 

(b) PURPOSES.—The management plan shall— 

(1) describe the appropriate uses and management of the 

Conservation Area; 

(2) be developed with extensive public input; 

(3) take into consideration any information developed in 

studies of the land within the Conservation Area; and 

(4) include a comprehensive travel management plan. 

SEC. 2407. ADVISORY COUNCIL. 

(a) ESTABLISHMENT.—Not later than 180 days after the date 

of enactment of this Act, the Secretary shall establish an advisory 

council, to be known as the ‘‘Dominguez-Escalante National Conservation Area Advisory Council’’. 

(b) DUTIES.—The Council shall advise the Secretary with 

respect to the preparation and implementation of the management 

plan. 

(c) APPLICABLE LAW.—The Council shall be subject to— 

(1) the Federal Advisory Committee Act (5 U.S.C. App.); 

and 

(2) the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1701 et seq.). 

(d) MEMBERS.—The Council shall include 10 members to be 

appointed by the Secretary, of whom, to the extent practicable— 

(1) 1 member shall be appointed after considering the recommendations of the Mesa County Commission; 

16 USC 

460zzz–6. 

Deadline. 

16 USC 

460zzz–5. 

Deadline. 


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123 STAT. 1108 PUBLIC LAW 111–11—MAR. 30, 2009 

(2) 1 member shall be appointed after considering the recommendations of the Montrose County Commission; 

(3) 1 member shall be appointed after considering the recommendations of the Delta County Commission; 

(4) 1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments 

within the Conservation Area or the Wilderness; and 

(5) 5 members shall reside in, or within reasonable proximity to, Mesa County, Delta County, or Montrose County, 

Colorado, with backgrounds that reflect— 

(A) the purposes for which the Conservation Area or 

Wilderness was established; and 

(B) the interests of the stakeholders that are affected 

by the planning and management of the Conservation Area 

and Wilderness. 

(e) REPRESENTATION.—The Secretary shall ensure that the 

membership of the Council is fairly balanced in terms of the points 

of view represented and the functions to be performed by the 

Council. 

(f) DURATION.—The Council shall terminate on the date that 

is 1 year from the date on which the management plan is adopted 

by the Secretary. 

SEC. 2408. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this subtitle. 

Subtitle F—Rio Puerco Watershed 

Management Program 

SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM. 

(a) RIO PUERCO MANAGEMENT COMMITTEE.—Section 401(b) of 

the Omnibus Parks and Public Lands Management Act of 1996 

(Public Law 104–333; 110 Stat. 4147) is amended— 

(1) in paragraph (2)— 

(A) by redesignating subparagraphs (I) through (N) 

as subparagraphs (J) through (O), respectively; and 

(B) by inserting after subparagraph (H) the following: 

‘‘(I) the Environmental Protection Agency;’’; and 

(2) in paragraph (4), by striking ‘‘enactment of this Act’’ 

and inserting ‘‘enactment of the Omnibus Public Land Management Act of 2009’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 401(e) of the 

Omnibus Parks and Public Lands Management Act of 1996 (Public 

Law 104–333; 110 Stat. 4148) is amended by striking ‘‘enactment 

of this Act’’ and inserting ‘‘enactment of the Omnibus Public Land 

Management Act of 2009’’. 

Subtitle G—Land Conveyances and 

Exchanges 

SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES. 

(a) DEFINITIONS.—In this section: 

16 USC 

460zzz–7. 

Termination 

date. 


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(1) CITY.—The term ‘‘City’’ means Carson City Consolidated 

Municipality, Nevada. 

(2) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Carson 

City, Nevada Area’’, dated November 7, 2008, and on file and 

available for public inspection in the appropriate offices of— 

(A) the Bureau of Land Management; 

(B) the Forest Service; and 

(C) the City. 

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

(A) with respect to land in the National Forest System, 

the Secretary of Agriculture, acting through the Chief of 

the Forest Service; and 

(B) with respect to other Federal land, the Secretary 

of the Interior. 

(4) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of Agriculture and the Secretary of the Interior, acting 

jointly. 

(5) TRIBE.—The term ‘‘Tribe’’ means the Washoe Tribe of 

Nevada and California, which is a federally recognized Indian 

tribe. 

(b) CONVEYANCES OF FEDERAL LAND AND CITY LAND.— 

(1) IN GENERAL.—Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1712), if the City offers to convey to the United States title 

to the non-Federal land described in paragraph (2)(A) that 

is acceptable to the Secretary of Agriculture— 

(A) the Secretary shall accept the offer; and 

(B) not later than 180 days after the date on which 

the Secretary receives acceptable title to the non-Federal 

land described in paragraph (2)(A), the Secretaries shall 

convey to the City, subject to valid existing rights and 

for no consideration, except as provided in paragraph (3)(A), 

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

to the Federal land (other than any easement reserved 

under paragraph (3)(B)) or interest in land described in 

paragraph (2)(B). 

(2) DESCRIPTION OF LAND.— 

(A) NON-FEDERAL LAND.—The non-Federal land 

referred to in paragraph (1) is the approximately 2,264 

acres of land administered by the City and identified on 

the Map as ‘‘To U.S. Forest Service’’. 

(B) FEDERAL LAND.—The Federal land referred to in 

paragraph (1)(B) is— 

(i) the approximately 935 acres of Forest Service 

land identified on the Map as ‘‘To Carson City for 

Natural Areas’’; 

(ii) the approximately 3,604 acres of Bureau of 

Land Management land identified on the Map as 

‘‘Silver Saddle Ranch and Carson River Area’’; 

(iii) the approximately 1,848 acres of Bureau of 

Land Management land identified on the Map as ‘‘To 

Carson City for Parks and Public Purposes’’; and 

(iv) the approximately 75 acres of City land in 

which the Bureau of Land Management has a reversionary interest that is identified on the Map as ‘‘Reversionary Interest of the United States Released’’. 

(3) CONDITIONS.— 

Deadline. 


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123 STAT. 1110 PUBLIC LAW 111–11—MAR. 30, 2009 

(A) CONSIDERATION.—Before the conveyance of the 62– 

acre Bernhard parcel to the City, the City shall deposit 

in the special account established by subsection (e)(2)(A) 

an amount equal to 25 percent of the difference between— 

(i) the amount for which the Bernhard parcel was 

purchased by the City on July 18, 2001; and 

(ii) the amount for which the Bernhard parcel 

was purchased by the Secretary on March 24, 2006. 

(B) CONSERVATION EASEMENT.—As a condition of the 

conveyance of the land described in paragraph (2)(B)(ii), 

the Secretary, in consultation with Carson City and affected 

local interests, shall reserve a perpetual conservation easement to the land to protect, preserve, and enhance the 

conservation values of the land, consistent with paragraph 

(4)(B). 

(C) COSTS.—Any costs relating to the conveyance under 

paragraph (1), including any costs for surveys and other 

administrative costs, shall be paid by the recipient of the 

land being conveyed. 

(4) USE OF LAND.— 

(A) NATURAL AREAS.— 

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

the land described in paragraph (2)(B)(i) shall be managed by the City to maintain undeveloped open space 

and to preserve the natural characteristics of the land 

in perpetuity. 

(ii) EXCEPTION.—Notwithstanding clause (i), the 

City may— 

(I) conduct projects on the land to reduce fuels; 

(II) construct and maintain trails, trailhead 

facilities, and any infrastructure on the land that 

is required for municipal water and flood management activities; and 

(III) maintain or reconstruct any improvements on the land that are in existence on the 

date of enactment of this Act. 

(B) SILVER SADDLE RANCH AND CARSON RIVER AREA.— 

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

the land described in paragraph (2)(B)(ii) shall— 

(I) be managed by the City to protect and 

enhance the Carson River, the floodplain and surrounding upland, and important wildlife habitat; 

and 

(II) be used for undeveloped open space, passive recreation, customary agricultural practices, 

and wildlife protection. 

(ii) EXCEPTION.—Notwithstanding clause (i), the 

City may— 

(I) construct and maintain trails and trailhead 

facilities on the land; 

(II) conduct projects on the land to reduce 

fuels; 

(III) maintain or reconstruct any improvements on the land that are in existence on the 

date of enactment of this Act; and 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1111 

(IV) allow the use of motorized vehicles on 

designated roads, trails, and areas in the south 

end of Prison Hill. 

(C) PARKS AND PUBLIC PURPOSES.—The land described 

in paragraph (2)(B)(iii) shall be managed by the City for— 

(i) undeveloped open space; and 

(ii) recreation or other public purposes consistent 

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

the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 

869 et seq.). 

(D) REVERSIONARY INTEREST.— (i) RELEASE.—The reversionary interest described 

in paragraph (2)(B)(iv) shall terminate on the date 

of enactment of this Act. 

(ii) CONVEYANCE BY CITY.— (I) IN GENERAL.—If the City sells, leases, or 

otherwise conveys any portion of the land 

described in paragraph (2)(B)(iv), the sale, lease, 

or conveyance of land shall be— 

(aa) through a competitive bidding 

process; and 

(bb) except as provided in subclause (II), 

for not less than fair market value. 

(II) CONVEYANCE TO GOVERNMENT OR NONPROFIT.—A sale, lease, or conveyance of land 

described in paragraph (2)(B)(iv) to the Federal 

Government, a State government, a unit of local 

government, or a nonprofit organization shall be 

for consideration in an amount equal to the price 

established by the Secretary of the Interior under 

section 2741 of title 43, Code of Federal Regulation 

(or successor regulations). 

(III) DISPOSITION OF PROCEEDS.—The gross 

proceeds from the sale, lease, or conveyance of 

land under subclause (I) shall be distributed in 

accordance with subsection (e)(1). 

(5) REVERSION.—If land conveyed under paragraph (1) is 

used in a manner that is inconsistent with the uses described 

in subparagraph (A), (B), (C), or (D) of paragraph (4), the 

land shall, at the discretion of the Secretary, revert to the 

United States. 

(6) MISCELLANEOUS PROVISIONS.— 

(A) IN GENERAL.—On conveyance of the non-Federal 

land under paragraph (1) to the Secretary of Agriculture, 

the non-Federal land shall— 

(i) become part of the Humboldt-Toiyabe National 

Forest; and 

(ii) be administered in accordance with the laws 

(including the regulations) and rules generally 

applicable to the National Forest System. 

(B) MANAGEMENT PLAN.—The Secretary of Agriculture, 

in consultation with the City and other interested parties, 

may develop and implement a management plan for 

National Forest System land that ensures the protection 

and stabilization of the National Forest System land to 

minimize the impacts of flooding on the City. 

(7) CONVEYANCE TO BUREAU OF LAND MANAGEMENT.— 


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123 STAT. 1112 PUBLIC LAW 111–11—MAR. 30, 2009 

(A) IN GENERAL.—If the City offers to convey to the 

United States title to the non-Federal land described in 

subparagraph (B) that is acceptable to the Secretary of 

the Interior, the land shall, at the discretion of the Secretary, be conveyed to the United States. 

(B) DESCRIPTION OF LAND.—The non-Federal land 

referred to in subparagraph (A) is the approximately 46 

acres of land administered by the City and identified on 

the Map as ‘‘To Bureau of Land Management’’. 

(C) COSTS.—Any costs relating to the conveyance under 

subparagraph (A), including any costs for surveys and other 

administrative costs, shall be paid by the Secretary of 

the Interior. 

(c) TRANSFER OF ADMINISTRATIVE JURISDICTION FROM THE

FOREST SERVICE TO THE BUREAU OF LAND MANAGEMENT.— 

(1) IN GENERAL.—Administrative jurisdiction over the 

approximately 50 acres of Forest Service land identified on 

the Map as ‘‘Parcel #1’’ is transferred, from the Secretary 

of Agriculture to the Secretary of the Interior. 

(2) COSTS.—Any costs relating to the transfer under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior. 

(3) USE OF LAND.— 

(A) RIGHT-OF-WAY.—Not later than 120 days after the 

date of enactment of this Act, the Secretary of the Interior 

shall grant to the City a right-of-way for the maintenance 

of flood management facilities located on the land. 

(B) DISPOSAL.—The land referred to in paragraph (1) 

shall be disposed of in accordance with subsection (d). 

(C) DISPOSITION OF PROCEEDS.—The gross proceeds 

from the disposal of land under subparagraph (B) shall 

be distributed in accordance with subsection (e)(1). 

(d) DISPOSAL OF CARSON CITY LAND.— 

(1) IN GENERAL.—Notwithstanding sections 202 and 203 

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

U.S.C. 1712, 1713), the Secretary of the Interior shall, in accordance with that Act, this subsection, and other applicable law, 

and subject to valid existing rights, conduct sales of the Federal 

land described in paragraph (2) to qualified bidders. 

(2) DESCRIPTION OF LAND.—The Federal land referred to 

in paragraph (1) is— 

(A) the approximately 108 acres of Bureau of Land 

Management land identified as ‘‘Lands for Disposal’’ on 

the Map; and 

(B) the approximately 50 acres of land identified as 

‘‘Parcel #1’’ on the Map. 

(3) COMPLIANCE WITH LOCAL PLANNING AND ZONING LAWS.— 

Before a sale of Federal land under paragraph (1), the City 

shall submit to the Secretary a certification that qualified bidders have agreed to comply with— 

(A) City zoning ordinances; and 

(B) any master plan for the area approved by the 

City. 

(4) METHOD OF SALE; CONSIDERATION.—The sale of Federal 

land under paragraph (1) shall be— 

Certification. 

Deadline. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1113 

(A) consistent with subsections (d) and (f) of section 

203 of the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1713); 

(B) unless otherwise determined by the Secretary, 

through a competitive bidding process; and 

(C) for not less than fair market value. 

(5) WITHDRAWAL.— (A) IN GENERAL.—Subject to valid existing rights and 

except as provided in subparagraph (B), the Federal land 

described in paragraph (2) is withdrawn from— 

(i) all forms of entry and appropriation under the 

public land laws; 

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

laws; and 

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

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

to sales made consistent with this subsection. 

(6) DEADLINE FOR SALE.— 

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

(B), not later than 1 year after the date of enactment 

of this Act, if there is a qualified bidder for the land 

described in subparagraphs (A) and (B) of paragraph (2), 

the Secretary of the Interior shall offer the land for sale 

to the qualified bidder. 

(B) POSTPONEMENT; EXCLUSION FROM SALE.— 

(i) REQUEST BY CARSON CITY FOR POSTPONEMENT

OR EXCLUSION.—At the request of the City, the Secretary shall postpone or exclude from the sale under 

subparagraph (A) all or a portion of the land described 

in subparagraphs (A) and (B) of paragraph (2). 

(ii) INDEFINITE POSTPONEMENT.—Unless specifically requested by the City, a postponement under 

clause (i) shall not be indefinite. 

(e) DISPOSITION OF PROCEEDS.— (1) IN GENERAL.—Of the proceeds from the sale of land 

under subsections (b)(4)(D)(ii) and (d)(1)— 

(A) 5 percent shall be paid directly to the State for 

use in the general education program of the State; and 

(B) the remainder shall be deposited in a special 

account in the Treasury of the United States, to be known 

as the ‘‘Carson City Special Account’’, and shall be available 

without further appropriation to the Secretary until 

expended to— 

(i) reimburse costs incurred by the Bureau of Land 

Management for preparing for the sale of the Federal 

land described in subsection (d)(2), including the costs 

of— 

(I) surveys and appraisals; and 

(II) compliance with— 

(aa) the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.); and 

(bb) sections 202 and 203 of the Federal 

Land Policy and Management Act of 1976 (43 

U.S.C. 1712, 1713); 

(ii) reimburse costs incurred by the Bureau of Land 

Management and Forest Service for preparing for, and 


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123 STAT. 1114 PUBLIC LAW 111–11—MAR. 30, 2009 

carrying out, the transfers of land to be held in trust 

by the United States under subsection (h)(1); and 

(iii) acquire environmentally sensitive land or an 

interest in environmentally sensitive land in the City. 

(2) SILVER SADDLE ENDOWMENT ACCOUNT.— 

(A) ESTABLISHMENT.—There is established in the 

Treasury of the United States a special account, to be 

known as the ‘‘Silver Saddle Endowment Account’’, consisting of such amounts as are deposited under subsection 

(b)(3)(A). 

(B) AVAILABILITY OF AMOUNTS.—Amounts deposited in 

the account established by paragraph (1) shall be available 

to the Secretary, without further appropriation, for the 

oversight and enforcement of the conservation easement 

established under subsection (b)(3)(B). 

(f) URBAN INTERFACE.— 

(1) IN GENERAL.—Except as otherwise provided in this section and subject to valid existing rights, the Federal land 

described in paragraph (2) is permanently withdrawn from— 

(A) all forms of entry and appropriation under the 

public land laws and mining laws; 

(B) location and patent under the mining laws; and 

(C) operation of the mineral laws, geothermal leasing 

laws, and mineral material laws. 

(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) consists of approximately 19,747 acres, which is 

identified on the Map as ‘‘Urban Interface Withdrawal’’. 

(3) INCORPORATION OF ACQUIRED LAND AND INTERESTS.— 

Any land or interest in land within the boundaries of the 

land described in paragraph (2) that is acquired by the United 

States after the date of enactment of this Act shall be withdrawn in accordance with this subsection. 

(4) OFF-HIGHWAY VEHICLE MANAGEMENT.—Until the date 

on which the Secretary, in consultation with the State, the 

City, and any other interested persons, completes a transportation plan for Federal land in the City, the use of motorized 

and mechanical vehicles on Federal land within the City shall 

be limited to roads and trails in existence on the date of 

enactment of this Act unless the use of the vehicles is needed— 

(A) for administrative purposes; or 

(B) to respond to an emergency. 

(g) AVAILABILITY OF FUNDS.—Section 4(e) of the Southern 

Nevada Public Land Management Act of 1998 (Public Law 105– 

263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 

2414; 120 Stat. 3045) is amended— 

(1) in paragraph (3)(A)(iv), by striking ‘‘Clark, Lincoln, 

and White Pine Counties and Washoe County (subject to paragraph 4))’’ and inserting ‘‘Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4)) and Carson 

City (subject to paragraph (5))’’; 

(2) in paragraph (3)(A)(v), by striking ‘‘Clark, Lincoln, and 

White Pine Counties’’ and inserting ‘‘Clark, Lincoln, and White 

Pine Counties and Carson City (subject to paragraph (5))’’; 

(3) in paragraph (4), by striking ‘‘2011’’ and inserting 

‘‘2015’’; and 

(4) by adding at the end the following: 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1115 

‘‘(5) LIMITATION FOR CARSON CITY.—Carson City shall be 

eligible to nominate for expenditure amounts to acquire land 

or an interest in land for parks or natural areas and for 

conservation initiatives— 

‘‘(A) adjacent to the Carson River; or 

‘‘(B) within the floodplain of the Carson River.’’. 

(h) TRANSFER OF LAND TO BE HELD IN TRUST FOR WASHOE

TRIBE.— 

(1) IN GENERAL.—Subject to valid existing rights, all right, 

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

described in paragraph (2)— 

(A) shall be held in trust by the United States for 

the benefit and use of the Tribe; and 

(B) shall be part of the reservation of the Tribe. 

(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) consists of approximately 293 acres, which is identified on the Map as ‘‘To Washoe Tribe’’. 

(3) SURVEY.—Not later than 180 days after the date of 

enactment of this Act, the Secretary of Agriculture shall complete a survey of the boundary lines to establish the boundaries 

of the land taken into trust under paragraph (1). 

(4) USE OF LAND.— 

(A) GAMING.—Land taken into trust under paragraph 

(1) shall not be eligible, or considered to have been taken 

into trust, for class II gaming or class III gaming (as 

those terms are defined in section 4 of the Indian Gaming 

Regulatory Act (25 U.S.C. 2703)). 

(B) TRUST LAND FOR CEREMONIAL USE AND CONSERVATION.—With respect to the use of the land taken into trust 

under paragraph (1) that is above the 5,200′ elevation 

contour, the Tribe— 

(i) shall limit the use of the land to— 

(I) traditional and customary uses; and 

(II) stewardship conservation for the benefit 

of the Tribe; and 

(ii) shall not permit any— 

(I) permanent residential or recreational 

development on the land; or 

(II) commercial use of the land, including 

commercial development or gaming. 

(C) TRUST LAND FOR COMMERCIAL AND RESIDENTIAL

USE.—With respect to the use of the land taken into trust 

under paragraph (1), the Tribe shall limit the use of the 

land below the 5,200′ elevation to— 

(i) traditional and customary uses; 

(ii) stewardship conservation for the benefit of the 

Tribe; and 

(iii)(I) residential or recreational development; or 

(II) commercial use. 

(D) THINNING; LANDSCAPE RESTORATION.—With respect 

to the land taken into trust under paragraph (1), the Secretary of Agriculture, in consultation and coordination with 

the Tribe, may carry out any thinning and other landscape 

restoration activities on the land that is beneficial to the 

Tribe and the Forest Service. 

(i) CORRECTION OF SKUNK HARBOR CONVEYANCE.— 

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(1) PURPOSE.—The purpose of this subsection is to amend 

Public Law 108–67 (117 Stat. 880) to make a technical correction relating to the land conveyance authorized under that 

Act. 

(2) TECHNICAL CORRECTION.—Section 2 of Public Law 108– 

67 (117 Stat. 880) is amended— 

(A) by striking ‘‘Subject to’’ and inserting the following: 

‘‘(a) IN GENERAL.—Subject to’’; 

(B) in subsection (a) (as designated by paragraph (1)), 

by striking ‘‘the parcel’’ and all that follows through the 

period at the end and inserting the following: ‘‘and to 

approximately 23 acres of land identified as ‘Parcel A’ 

on the map entitled ‘Skunk Harbor Conveyance Correction’ 

and dated September 12, 2008, the western boundary of 

which is the low water line of Lake Tahoe at elevation 

6,223.0′ (Lake Tahoe Datum).’’; and 

(C) by adding at the end the following: 

‘‘(b) SURVEY AND LEGAL DESCRIPTION.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this subsection, the Secretary of Agriculture 

shall complete a survey and legal description of the boundary 

lines to establish the boundaries of the trust land. 

‘‘(2) TECHNICAL CORRECTIONS.—The Secretary may correct 

any technical errors in the survey or legal description completed 

under paragraph (1). 

‘‘(c) PUBLIC ACCESS AND USE.—Nothing in this Act prohibits 

any approved general public access (through existing easements 

or by boat) to, or use of, land remaining within the Lake Tahoe 

Basin Management Unit after the conveyance of the land to the 

Secretary of the Interior, in trust for the Tribe, under subsection 

(a), including access to, and use of, the beach and shoreline areas 

adjacent to the portion of land conveyed under that subsection.’’. 

(3) DATE OF TRUST STATUS.—The trust land described in 

section 2(a) of Public Law 108–67 (117 Stat. 880) shall be 

considered to be taken into trust as of August 1, 2003. 

(4) TRANSFER.—The Secretary of the Interior, acting on 

behalf of and for the benefit of the Tribe, shall transfer to 

the Secretary of Agriculture administrative jurisdiction over 

the land identified as ‘‘Parcel B’’ on the map entitled ‘‘Skunk 

Harbor Conveyance Correction’’ and dated September 12, 2008. 

(j) AGREEMENT WITH FOREST SERVICE.—The Secretary of Agriculture, in consultation with the Tribe, shall develop and implement 

a cooperative agreement that ensures regular access by members 

of the Tribe and other people in the community of the Tribe across 

National Forest System land from the City to Lake Tahoe for 

cultural and religious purposes. 

(k) ARTIFACT COLLECTION.— 

(1) NOTICE.—At least 180 days before conducting any 

ground disturbing activities on the land identified as ‘‘Parcel 

#2’’ on the Map, the City shall notify the Tribe of the proposed 

activities to provide the Tribe with adequate time to inventory 

and collect any artifacts in the affected area. 

(2) AUTHORIZED ACTIVITIES.—On receipt of notice under 

paragraph (1), the Tribe may collect and possess any artifacts 

relating to the Tribe in the land identified as ‘‘Parcel #2’’ 

on the Map. 

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(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA CONVEYANCE. 

(a) DEFINITIONS.—In this section: 

(1) CITY.—The term ‘‘City’’ means the City of Henderson, 

Nevada. 

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

of the Interior. 

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

(4) TRANSITION AREA.—The term ‘‘Transition Area’’ means 

the approximately 502 acres of Federal land located in Henderson, Nevada, and identified as ‘‘Limited Transition Area’’ on 

the map entitled ‘‘Southern Nevada Limited Transition Area 

Act’’ and dated March 20, 2006. 

(b) SOUTHERN NEVADA LIMITED TRANSITION AREA.— 

(1) CONVEYANCE.—Notwithstanding the Federal Land 

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

on request of the City, the Secretary shall, without consideration and subject to all valid existing rights, convey to the 

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

to the Transition Area. 

(2) USE OF LAND FOR NONRESIDENTIAL DEVELOPMENT.— 

(A) IN GENERAL.—After the conveyance to the City 

under paragraph (1), the City may sell, lease, or otherwise 

convey any portion or portions of the Transition Area for 

purposes of nonresidential development. 

(B) METHOD OF SALE.— 

(i) IN GENERAL.—The sale, lease, or conveyance 

of land under subparagraph (A) shall be through a 

competitive bidding process. 

(ii) FAIR MARKET VALUE.—Any land sold, leased, 

or otherwise conveyed under subparagraph (A) shall 

be for not less than fair market value. 

(C) COMPLIANCE WITH CHARTER.—Except as provided 

in subparagraphs (B) and (D), the City may sell, lease, 

or otherwise convey parcels within the Transition Area 

only in accordance with the procedures for conveyances 

established in the City Charter. 

(D) DISPOSITION OF PROCEEDS.—The gross proceeds 

from the sale of land under subparagraph (A) shall be 

distributed in accordance with section 4(e) of the Southern 

Nevada Public Land Management Act of 1998 (112 Stat. 

2345). 

(3) USE OF LAND FOR RECREATION OR OTHER PUBLIC PURPOSES.—The City may elect to retain parcels in the Transition 

Area for public recreation or other public purposes consistent 

with the Act of June 14, 1926 (commonly known as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 869 et seq.) by 

providing to the Secretary written notice of the election. 

(4) NOISE COMPATIBILITY REQUIREMENTS.—The City shall— 

(A) plan and manage the Transition Area in accordance 

with section 47504 of title 49, United States Code (relating 

to airport noise compatibility planning), and regulations 

promulgated in accordance with that section; and 

Plans. 

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(B) agree that if any land in the Transition Area is 

sold, leased, or otherwise conveyed by the City, the sale, 

lease, or conveyance shall contain a limitation to require 

uses compatible with that airport noise compatibility planning. 

(5) REVERSION.— (A) IN GENERAL.—If any parcel of land in the Transition 

Area is not conveyed for nonresidential development under 

this section or reserved for recreation or other public purposes under paragraph (3) by the date that is 20 years 

after the date of enactment of this Act, the parcel of land 

shall, at the discretion of the Secretary, revert to the United 

States. 

(B) INCONSISTENT USE.—If the City uses any parcel 

of land within the Transition Area in a manner that is 

inconsistent with the uses specified in this subsection— 

(i) at the discretion of the Secretary, the parcel 

shall revert to the United States; or 

(ii) if the Secretary does not make an election 

under clause (i), the City shall sell the parcel of land 

in accordance with this subsection. 

SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE. 

(a) DEFINITIONS.—In this section: 

(1) ALTA-HUALAPAI SITE.—The term ‘‘Alta-Hualapai Site’’ 

means the approximately 80 acres of land that is— 

(A) patented to the City under the Act of June 14, 

1926 (commonly known as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 869 et seq.); and 

(B) identified on the map as the ‘‘Alta-Hualapai Site’’. 

(2) CITY.—The term ‘‘City’’ means the city of Las Vegas, 

Nevada. 

(3) INSTITUTE.—The term ‘‘Institute’’ means the Nevada 

Cancer Institute, a nonprofit organization described under section 501(c)(3) of the Internal Revenue Code of 1986, the principal place of business of which is at 10441 West Twain Avenue, 

Las Vegas, Nevada. 

(4) MAP.—The term ‘‘map’’ means the map titled ‘‘Nevada 

Cancer Institute Expansion Act’’ and dated July 17, 2006. 

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

of the Interior, acting through the Director of the Bureau 

of Land Management. 

(6) WATER DISTRICT.—The term ‘‘Water District’’ means 

the Las Vegas Valley Water District. 

(b) LAND CONVEYANCE.— 

(1) SURVEY AND LEGAL DESCRIPTION.—The City shall prepare a survey and legal description of the Alta-Hualapai Site. 

The survey shall conform to the Bureau of Land Management 

cadastral survey standards and be subject to approval by the 

Secretary. 

(2) ACCEPTANCE.—The Secretary may accept the relinquishment by the City of all or part of the Alta-Hualapai Site. 

(3) CONVEYANCE FOR USE AS NONPROFIT CANCER

INSTITUTE.—After relinquishment of all or part of the AltaHualapai Site to the Secretary, and not later than 180 days 

after request of the Institute, the Secretary shall convey to 

the Institute, subject to valid existing rights, the portion of 

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the Alta-Hualapai Site that is necessary for the development 

of a nonprofit cancer institute. 

(4) ADDITIONAL CONVEYANCES.—Not later than 180 days 

after a request from the City, the Secretary shall convey to 

the City, subject to valid existing rights, any remaining portion 

of the Alta-Hualapai Site necessary for ancillary medical or 

nonprofit use compatible with the mission of the Institute. 

(5) APPLICABLE LAW.—Any conveyance by the City of any 

portion of the land received under this section shall be for 

no less than fair market value and the proceeds shall be distributed in accordance with section 4(e)(1) of Public Law 105– 

263 (112 Stat. 2345). 

(6) TRANSACTION COSTS.—All land conveyed by the Secretary under this section shall be at no cost, except that the 

Secretary may require the recipient to bear any costs associated 

with transfer of title or any necessary land surveys. 

(7) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary shall submit to the 

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

of the Senate a report on all transactions conducted under 

Public Law 105–263 (112 Stat. 2345). 

(c) RIGHTS-OF-WAY.—Consistent with the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1701), the Secretary may 

grant rights-of-way to the Water District on a portion of the AltaHualapai Site for a flood control project and a water pumping 

facility. 

(d) REVERSION.—Any property conveyed pursuant to this section 

which ceases to be used for the purposes specified in this section 

shall, at the discretion of the Secretary, revert to the United States, 

along with any improvements thereon or thereto. 

SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH. 

(a) DEFINITIONS.—In this section: 

(1) FEDERAL LAND.—The term ‘‘Federal land’’ means the 

approximately 25 acres of Bureau of Land Management land 

identified on the map as ‘‘Lands to be conveyed to Turnabout 

Ranch’’. 

(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Turnabout Ranch Conveyance’’ dated May 12, 2006, and on file 

in the office of the Director of the Bureau of Land Management. 

(3) MONUMENT.—The term ‘‘Monument’’ means the Grand 

Staircase-Escalante National Monument located in southern 

Utah. 

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

of the Interior. 

(5) TURNABOUT RANCH.—The term ‘‘Turnabout Ranch’’ 

means the Turnabout Ranch in Escalante, Utah, owned by 

Aspen Education Group. 

(b) CONVEYANCE OF FEDERAL LAND TO TURNABOUT RANCH.— 

(1) IN GENERAL.—Notwithstanding the land use planning 

requirements of sections 202 and 203 of the Federal Land 

Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), 

if not later than 30 days after completion of the appraisal 

required under paragraph (2), Turnabout Ranch of Escalante, 

Utah, submits to the Secretary an offer to acquire the Federal 

land for the appraised value, the Secretary shall, not later 

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than 30 days after the date of the offer, convey to Turnabout 

Ranch all right, title, and interest to the Federal land, subject 

to valid existing rights. 

(2) APPRAISAL.—Not later than 90 days after the date of 

enactment of this Act, the Secretary shall complete an appraisal 

of the Federal land. The appraisal shall be completed in accordance with the ‘‘Uniform Appraisal Standards for Federal Land 

Acquisitions’’ and the ‘‘Uniform Standards of Professional 

Appraisal Practice’’. All costs associated with the appraisal 

shall be born by Turnabout Ranch. 

(3) PAYMENT OF CONSIDERATION.—Not later than 30 days 

after the date on which the Federal land is conveyed under 

paragraph (1), as a condition of the conveyance, Turnabout 

Ranch shall pay to the Secretary an amount equal to the 

appraised value of the Federal land, as determined under paragraph (2). 

(4) COSTS OF CONVEYANCE.—As a condition of the conveyance, any costs of the conveyance under this section shall 

be paid by Turnabout Ranch. 

(5) DISPOSITION OF PROCEEDS.—The Secretary shall deposit 

the proceeds from the conveyance of the Federal land under 

paragraph (1) in the Federal Land Deposit Account established 

by section 206 of the Federal Land Transaction Facilitation 

Act(43 U.S.C. 2305), to be expended in accordance with that 

Act. 

(c) MODIFICATION OF MONUMENT BOUNDARY.—When the 

conveyance authorized by subsection (b) is completed, the boundaries of the Grand Staircase-Escalante National Monument in the 

State of Utah are hereby modified to exclude the Federal land 

conveyed to Turnabout Ranch. 

SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH. 

(a) DEFINITIONS.—In this section: 

(1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ means the Utah 

National Parks Council of the Boy Scouts of America. 

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

of the Interior. 

(b) BOY SCOUTS OF AMERICA LAND EXCHANGE.— 

(1) AUTHORITY TO CONVEY.— 

(A) IN GENERAL.—Subject to paragraph (3) and notwithstanding the Act of June 14, 1926 (commonly known 

as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 

869 et seq.), the Boy Scouts may convey to Brian Head 

Resort, subject to valid existing rights and, except as provided in subparagraph (B), any rights reserved by the 

United States, all right, title, and interest granted to the 

Boy Scouts by the original patent to the parcel described 

in paragraph (2)(A) in exchange for the conveyance by 

Brian Head Resort to the Boy Scouts of all right, title, 

and interest in and to the parcels described in paragraph 

(2)(B). 

(B) REVERSIONARY INTEREST.—On conveyance of the 

parcel of land described in paragraph (2)(A), the Secretary 

shall have discretion with respect to whether or not the 

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

to in paragraph (1) are— 

(A) the 120-acre parcel that is part of a tract of public 

land acquired by the Boy Scouts under the Act of June 

14, 1926 (commonly known as the ‘‘Recreation and Public 

Purposes Act’’) (43 U.S.C. 869 et seq.) for the purpose 

of operating a camp, which is more particularly described 

as the W 1/2 SE 1/4 and SE 1/4 SE 1/4 sec. 26, T. 35 

S., R. 9 W., Salt Lake Base and Meridian; and 

(B) the 2 parcels of private land owned by Brian Head 

Resort that total 120 acres, which are more particularly 

described as— 

(i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25, 

T. 35 S., R. 9 W., Salt Lake Base and Meridian; and 

(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., 

Salt Lake Base Meridian. 

(3) CONDITIONS.—On conveyance to the Boy Scouts under 

paragraph (1)(A), the parcels of land described in paragraph 

(2)(B) shall be subject to the terms and conditions imposed 

on the entire tract of land acquired by the Boy Scouts for 

a camp under the Bureau of Land Management patent numbered 43–75–0010. 

(4) MODIFICATION OF PATENT.—On completion of the 

exchange under paragraph (1)(A), the Secretary shall amend 

the original Bureau of Land Management patent providing 

for the conveyance to the Boy Scouts under the Act of June 

14, 1926 (commonly known as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 869 et seq.) numbered 43–75–0010 to 

take into account the exchange under paragraph (1)(A). 

SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE. 

(a) DEFINITIONS.—In this section: 

(1) PUBLIC LAND.—The term ‘‘public land’’ means the 

approximately 622 acres of Federal land managed by the 

Bureau of Land Management and identified for conveyance 

on the map prepared by the Bureau of Land Management 

entitled ‘‘Douglas County Public Utility District Proposal’’ and 

dated March 2, 2006. 

(2) PUD.—The term ‘‘PUD’’ means the Public Utility District No. 1 of Douglas County, Washington. 

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

of the Interior. 

(4) WELLS HYDROELECTRIC PROJECT.—The term ‘‘Wells 

Hydroelectric Project’’ means Federal Energy Regulatory 

Commission Project No. 2149. 

(b) CONVEYANCE OF PUBLIC LAND, WELLS HYDROELECTRIC

PROJECT, PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY, 

WASHINGTON.— 

(1) CONVEYANCE REQUIRED.—Notwithstanding the land use 

planning requirements of sections 202 and 203 of the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1712, 

1713), and notwithstanding section 24 of the Federal Power 

Act (16 U.S.C. 818) and Federal Power Order for Project 2149, 

and subject to valid existing rights, if not later than 45 days 

after the date of completion of the appraisal required under 

paragraph (2), the Public Utility District No. 1 of Douglas 

County, Washington, submits to the Secretary an offer to 

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acquire the public land for the appraised value, the Secretary 

shall convey, not later than 30 days after the date of the 

offer, to the PUD all right, title, and interest of the United 

States in and to the public land. 

(2) APPRAISAL.—Not later than 60 days after the date of 

enactment of this Act, the Secretary shall complete an appraisal 

of the public land. The appraisal shall be conducted in accordance with the ‘‘Uniform Appraisal Standards for Federal Land 

Acquisitions’’ and the ‘‘Uniform Standards of Professional 

Appraisal Practice’’. 

(3) PAYMENT.—Not later than 30 days after the date on 

which the public land is conveyed under this subsection, the 

PUD shall pay to the Secretary an amount equal to the 

appraised value of the public land as determined under paragraph (2). 

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

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

finalize legal descriptions of the public land to be conveyed 

under this subsection. The Secretary may correct any minor 

errors in the map referred to in subsection (a)(1) or in the 

legal descriptions. The map and legal descriptions shall be 

on file and available for public inspection in appropriate offices 

of the Bureau of Land Management. 

(5) COSTS OF CONVEYANCE.—As a condition of conveyance, 

any costs related to the conveyance under this subsection shall 

be paid by the PUD. 

(6) DISPOSITION OF PROCEEDS.—The Secretary shall deposit 

the proceeds from the sale in the Federal Land Disposal 

Account established by section 206 of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305) to be expended to 

improve access to public lands administered by the Bureau 

of Land Management in the State of Washington. 

(c) SEGREGATION OF LANDS.— 

(1) WITHDRAWAL.—Except as provided in subsection (b)(1), 

effective immediately upon enactment of this Act, and subject 

to valid existing rights, the public land is withdrawn from— 

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

the public land laws, and all amendments thereto; 

(B) location, entry, and patenting under the mining 

laws, and all amendments thereto; and 

(C) operation of the mineral leasing, mineral materials, 

and geothermal leasing laws, and all amendments thereto. 

(2) DURATION.—This subsection expires two years after 

the date of enactment of this Act or on the date of the completion of the conveyance under subsection (b), whichever is earlier. 

(d) RETAINED AUTHORITY.—The Secretary shall retain the 

authority to place conditions on the license to insure adequate 

protection and utilization of the public land granted to the Secretary 

in section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) until 

the Federal Energy Regulatory Commission has issued a new license 

for the Wells Hydroelectric Project, to replace the original license 

expiring May 31, 2012, consistent with section 15 of the Federal 

Power Act (16 U.S.C. 808). 

Expiration date. 

Effective date. 

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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1123 

SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE. 

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

enactment of this Act, the Secretary of the Interior, acting through 

the Director of the Bureau of Land Management, shall convey 

to the city of Twin Falls, Idaho, subject to valid existing rights, 

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

States in and to the 4 parcels of land described in subsection 

(b). 

(b) LAND DESCRIPTION.—The 4 parcels of land to be conveyed 

under subsection (a) are the approximately 165 acres of land in 

Twin Falls County, Idaho, that are identified as ‘‘Land to be conveyed to Twin Falls’’ on the map titled ‘‘Twin Falls Land Conveyance’’ and dated July 28, 2008. 

(c) MAP ON FILE.—A map depicting the land described in subsection (b) shall be on file and available for public inspection in 

the appropriate offices of the Bureau of Land Management. 

(d) USE OF CONVEYED LANDS.— 

(1) PURPOSE.—The land conveyed under this section shall 

be used to support the public purposes of the Auger Falls 

Project, including a limited agricultural exemption to allow 

for water quality and wildlife habitat improvements. 

(2) RESTRICTION.—The land conveyed under this section 

shall not be used for residential or commercial purposes, except 

for the limited agricultural exemption described in paragraph 

(1). 

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

the Interior may require such additional terms and conditions 

in connection with the conveyance as the Secretary considers 

appropriate to protect the interests of the United States. 

(e) REVERSION.—If the land conveyed under this section is 

no longer used in accordance with subsection (d)— 

(1) the land shall, at the discretion of the Secretary based 

on his determination of the best interests of the United States, 

revert to the United States; and 

(2) if the Secretary chooses to have the land revert to 

the United States and if the Secretary determines that the 

land is environmentally contaminated, the city of Twin Falls, 

Idaho, or any other person responsible for the contamination 

shall remediate the contamination. 

(f) ADMINISTRATIVE COSTS.—The Secretary shall require that 

the city of Twin Falls, Idaho, pay all survey costs and other administrative costs necessary for the preparation and completion of any 

patents of and transfer of title to property under this section. 

SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE, 

NEVADA. 

(a) FINDING.—Congress finds that the land described in subsection (c) has been adequately studied for wilderness designation 

under section 603 of the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1782). 

(b) RELEASE.—The land described in subsection (c)— 

(1) is no longer subject to section 603(c) of the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 

and 

(2) shall be managed in accordance with— 

(A) land management plans adopted under section 202 

of that Act (43 U.S.C. 1712); and 


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(B) cooperative conservation agreements in existence 

on the date of the enactment of this Act. 

(c) DESCRIPTION OF LAND.—The land referred to in subsections 

(a) and (b) is the approximately 70 acres of land in the Sunrise 

Mountain Instant Study Area of Clark County, Nevada, that is 

designated on the map entitled ‘‘Sunrise Mountain ISA Release 

Areas’’ and dated September 6, 2008. 

SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE. 

(a) CONVEYANCE OF LAND BY THE BUREAU OF LAND MANAGE- MENT TO PARK CITY, UTAH.— (1) LAND TRANSFER.—Notwithstanding the planning 

requirements of sections 202 and 203 of the Federal Land 

Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), 

the Secretary of the Interior shall convey, not later than 180 

days after the date of the enactment of this Act, to Park 

City, Utah, all right, title, and interest of the United States 

in and to two parcels of real property located in Park City, 

Utah, that are currently under the management jurisdiction 

of the Bureau of Land Management and designated as parcel 

8 (commonly known as the White Acre parcel) and parcel 16 

(commonly known as the Gambel Oak parcel). The conveyance 

shall be subject to all valid existing rights. 

(2) DEED RESTRICTION.—The conveyance of the lands under 

paragraph (1) shall be made by a deed or deeds containing 

a restriction requiring that the lands be maintained as open 

space and used solely for public recreation purposes or other 

purposes consistent with their maintenance as open space. This 

restriction shall not be interpreted to prohibit the construction 

or maintenance of recreational facilities, utilities, or other structures that are consistent with the maintenance of the lands 

as open space or its use for public recreation purposes. 

(3) CONSIDERATION.—In consideration for the transfer of 

the land under paragraph (1), Park City shall pay to the Secretary of the Interior an amount consistent with conveyances 

to governmental entities for recreational purposes under the 

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

and Public Purposes Act; 43 U.S.C. 869 et seq.). 

(b) SALE OF BUREAU OF LAND MANAGEMENT LAND IN PARK

CITY, UTAH, AT AUCTION.— 

(1) SALE OF LAND.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of the Interior 

shall offer for sale any right, title, or interest of the United 

States in and to two parcels of real property located in Park 

City, Utah, that are currently under the management jurisdiction of the Bureau of Land Management and are designated 

as parcels 17 and 18 in the Park City, Utah, area. The sale 

of the land shall be carried out in accordance with the Federal 

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

and other applicable law, other than the planning provisions 

of sections 202 and 203 of such Act (43 U.S.C. 1712, 1713), 

and shall be subject to all valid existing rights. 

(2) METHOD OF SALE.—The sale of the land under paragraph (1) shall be consistent with subsections (d) and (f) of 

section 203 of the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1713) through a competitive bidding process 

and for not less than fair market value. 

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(c) DISPOSITION OF LAND SALES PROCEEDS.—All proceeds 

derived from the sale of land described in this section shall be 

deposited in the Federal Land Disposal Account established by 

section 206(a) of the Federal Land Transaction Facilitation Act 

(43 U.S.C. 2305(a)). 

SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CERTAIN LANDS 

IN RENO, NEVADA. 

(a) RAILROAD LANDS DEFINED.—For the purposes of this section, 

the term ‘‘railroad lands’’ means those lands within the City of 

Reno, Nevada, located within portions of sections 10, 11, and 12 

of T.19 N., R. 19 E., and portions of section 7 of T.19 N., R. 

20 E., Mount Diablo Meridian, Nevada, that were originally granted 

to the Union Pacific Railroad under the provisions of the Act of 

July 1, 1862, commonly known as the Union Pacific Railroad Act. 

(b) RELEASE OF REVERSIONARY INTEREST.—Any reversionary 

interests of the United States (including interests under the Act 

of July 1, 1862, commonly known as the Union Pacific Railroad 

Act) in and to the railroad lands as defined in subsection (a) 

of this section are hereby released. 

SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE TUOLUMNE 

RANCHERIA. 

(a) IN GENERAL.— (1) FEDERAL LANDS.—Subject to valid existing rights, all 

right, title, and interest (including improvements and appurtenances) of the United States in and to the Federal lands 

described in subsection (b), the Federal lands shall be declared 

to be held in trust by the United States for the benefit of 

the Tribe for nongaming purposes, and shall be subject to 

the same terms and conditions as those lands described in 

the California Indian Land Transfer Act (Public Law 106– 

568; 114 Stat. 2921). 

(2) TRUST LANDS.—Lands described in subsection (c) of 

this section that are taken or to be taken in trust by the 

United States for the benefit of the Tribe shall be subject 

to subsection (c) of section 903 of the California Indian Land 

Transfer Act (Public Law 106–568; 114 Stat. 2921). 

(b) FEDERAL LANDS DESCRIBED.—The Federal lands described 

in this subsection, comprising approximately 66 acres, are as follows: 

(1) Township 1 North, Range 16 East, Section 6, Lots 

10 and 12, MDM, containing 50.24 acres more or less. 

(2) Township 1 North, Range 16 East, Section 5, Lot 16, 

MDM, containing 15.35 acres more or less. 

(3) Township 2 North, Range 16 East, Section 32, Indian 

Cemetery Reservation within Lot 22, MDM, containing 0.4 

acres more or less. 

(c) TRUST LANDS DESCRIBED.—The trust lands described in 

this subsection, comprising approximately 357 acres, are commonly 

referred to as follows: 

(1) Thomas property, pending trust acquisition, 104.50 

acres. 

(2) Coenenburg property, pending trust acquisition, 192.70 

acres, subject to existing easements of record, including but 

not limited to a non-exclusive easement for ingress and egress 

for the benefit of adjoining property as conveyed by Easement 

Deed recorded July 13, 1984, in Volume 755, Pages 189 to 


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192, and as further defined by Stipulation and Judgment 

entered by Tuolumne County Superior Court on September 

2, 1983, and recorded June 4, 1984, in Volume 751, Pages 

61 to 67. 

(3) Assessor Parcel No. 620505300, 1.5 acres, trust land. 

(4) Assessor Parcel No. 620505400, 19.23 acres, trust land. 

(5) Assessor Parcel No. 620505600, 3.46 acres, trust land. 

(6) Assessor Parcel No. 620505700, 7.44 acres, trust land. 

(7) Assessor Parcel No. 620401700, 0.8 acres, trust land. 

(8) A portion of Assessor Parcel No. 620500200, 2.5 acres, 

trust land. 

(9) Assessor Parcel No. 620506200, 24.87 acres, trust land. 

(d) SURVEY.—As soon as practicable after the date of the enactment of this Act, the Office of Cadastral Survey of the Bureau 

of Land Management shall complete fieldwork required for a survey 

of the lands described in subsections (b) and (c) for the purpose 

of incorporating those lands within the boundaries of the Tuolumne 

Rancheria. Not later than 90 days after that fieldwork is completed, 

that office shall complete the survey. 

(e) LEGAL DESCRIPTIONS.— 

(1) PUBLICATION.—On approval by the Community Council 

of the Tribe of the survey completed under subsection (d), 

the Secretary of the Interior shall publish in the Federal Register— 

(A) a legal description of the new boundary lines of 

the Tuolumne Rancheria; and 

(B) a legal description of the land surveyed under 

subsection (d). 

(2) EFFECT.—Beginning on the date on which the legal 

descriptions are published under paragraph (1), such legal 

descriptions shall be the official legal descriptions of those 

boundary lines of the Tuolumne Rancheria and the lands surveyed. 

TITLE III—FOREST SERVICE 

AUTHORIZATIONS 

Subtitle A—Watershed Restoration and 

Enhancement 

SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS. 

Section 323 of the Department of the Interior and Related 

Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note; Public 

Law 105–277), is amended— 

(1) in subsection (a), by striking ‘‘each of fiscal years 2006 

through 2011’’ and inserting ‘‘fiscal year 2006 and each fiscal 

year thereafter’’; 

(2) by redesignating subsection (d) as subsection (e); and 

(3) by inserting after subsection (c) the following: 

‘‘(d) APPLICABLE LAW.—Chapter 63 of title 31, United States 

Code, shall not apply to— 

‘‘(1) a watershed restoration and enhancement agreement 

entered into under this section; or 

Effective date. 

Federal Register, 

publication. 

Deadline. 


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‘‘(2) an agreement entered into under the first section of 

Public Law 94–148 (16 U.S.C. 565a–1).’’. 

Subtitle B—Wildland Firefighter Safety 

SEC. 3101. WILDLAND FIREFIGHTER SAFETY. 

(a) DEFINITIONS.—In this section: 

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

(A) the Secretary of the Interior, acting through the 

Directors of the Bureau of Land Management, the United 

States Fish and Wildlife Service, the National Park Service, 

and the Bureau of Indian Affairs; and 

(B) the Secretary of Agriculture, acting through the 

Chief of the Forest Service. 

(2) WILDLAND FIREFIGHTER.—The term ‘‘wildland firefighter’’ means any person who participates in wildland firefighting activities— 

(A) under the direction of either of the Secretaries; 

or 

(B) under a contract or compact with a federally recognized Indian tribe. 

(b) ANNUAL REPORT TO CONGRESS.— 

(1) IN GENERAL.—The Secretaries shall jointly submit to 

Congress an annual report on the wildland firefighter safety 

practices of the Secretaries, including training programs and 

activities for wildland fire suppression, prescribed burning, and 

wildland fire use, during the preceding calendar year. 

(2) TIMELINE.—Each report under paragraph (1) shall— 

(A) be submitted by not later than March of the year 

following the calendar year covered by the report; and 

(B) include— 

(i) a description of, and any changes to, wildland 

firefighter safety practices, including training programs 

and activities for wildland fire suppression, prescribed 

burning, and wildland fire use; 

(ii) statistics and trend analyses; 

(iii) an estimate of the amount of Federal funds 

expended by the Secretaries on wildland firefighter 

safety practices, including training programs and 

activities for wildland fire suppression, prescribed 

burning, and wildland fire use; 

(iv) progress made in implementing recommendations from the Inspector General, the Government 

Accountability Office, the Occupational Safety and 

Health Administration, or an agency report relating 

to a wildland firefighting fatality issued during the 

preceding 10 years; and 

(v) a description of— 

(I) the provisions relating to wildland firefighter safety practices in any Federal contract 

or other agreement governing the provision of 

wildland firefighters by a non-Federal entity; 

(II) a summary of any actions taken by the 

Secretaries to ensure that the provisions relating 

to safety practices, including training, are complied 

with by the non-Federal entity; and 

16 USC 551d. 


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(III) the results of those actions. 

Subtitle C—Wyoming Range 

SEC. 3201. DEFINITIONS. 

In this subtitle: 

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

of the Interior. 

(2) WYOMING RANGE WITHDRAWAL AREA.—The term 

‘‘Wyoming Range Withdrawal Area’’ means all National Forest 

System land and federally owned minerals located within the 

boundaries of the Bridger-Teton National Forest identified on 

the map entitled ‘‘Wyoming Range Withdrawal Area’’ and dated 

October 17, 2007, on file with the Office of the Chief of the 

Forest Service and the Office of the Supervisor of the BridgerTeton National Forest. 

SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE. 

(a) WITHDRAWAL.—Except as provided in subsection (f), subject 

to valid existing rights as of the date of enactment of this Act 

and the provisions of this subtitle, land in the Wyoming Range 

Withdrawal Area is withdrawn from— 

(1) all forms of appropriation or disposal under the public 

land laws; 

(2) location, entry, and patent under the mining laws; 

and 

(3) disposition under laws relating to mineral and geothermal leasing. 

(b) EXISTING RIGHTS.—If any right referred to in subsection 

(a) is relinquished or otherwise acquired by the United States 

(including through donation under section 3203) after the date 

of enactment of this Act, the land subject to that right shall be 

withdrawn in accordance with this section. 

(c) BUFFERS.—Nothing in this section requires— 

(1) the creation of a protective perimeter or buffer area 

outside the boundaries of the Wyoming Range Withdrawal 

Area; or 

(2) any prohibition on activities outside of the boundaries 

of the Wyoming Range Withdrawal Area that can be seen 

or heard from within the boundaries of the Wyoming Range 

Withdrawal Area. 

(d) LAND AND RESOURCE MANAGEMENT PLAN.— 

(1) IN GENERAL.—Subject to paragraph (2), the BridgerTeton National Land and Resource Management Plan 

(including any revisions to the Plan) shall apply to any land 

within the Wyoming Range Withdrawal Area. 

(2) CONFLICTS.—If there is a conflict between this subtitle 

and the Bridger-Teton National Land and Resource Management Plan, this subtitle shall apply. 

(e) PRIOR LEASE SALES.—Nothing in this section prohibits the 

Secretary from taking any action necessary to issue, deny, remove 

the suspension of, or cancel a lease, or any sold lease parcel that 

has not been issued, pursuant to any lease sale conducted prior 

to the date of enactment of this Act, including the completion 

of any requirements under the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.). 

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(f) EXCEPTION.—Notwithstanding the withdrawal in subsection 

(a), the Secretary may lease oil and gas resources in the Wyoming 

Range Withdrawal Area that are within 1 mile of the boundary 

of the Wyoming Range Withdrawal Area in accordance with the 

Mineral Leasing Act (30 U.S.C. 181 et seq.) and subject to the 

following conditions: 

(1) The lease may only be accessed by directional drilling 

from a lease held by production on the date of enactment 

of this Act on National Forest System land that is adjacent 

to, and outside of, the Wyoming Range Withdrawal Area. 

(2) The lease shall prohibit, without exception or waiver, 

surface occupancy and surface disturbance for any activities, 

including activities related to exploration, development, or 

production. 

(3) The directional drilling may extend no further than 

1 mile inside the boundary of the Wyoming Range Withdrawal 

Area. 

SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EXISTING 

MINING OR LEASING RIGHTS IN THE WYOMING RANGE. 

(a) NOTIFICATION OF LEASEHOLDERS.—Not later than 120 days 

after the date of enactment of this Act, the Secretary shall provide 

notice to holders of valid existing mining or leasing rights within 

the Wyoming Range Withdrawal Area of the potential opportunity 

for repurchase of those rights and retirement under this section. 

(b) REQUEST FOR LEASE RETIREMENT.— 

(1) IN GENERAL.—A holder of a valid existing mining or 

leasing right within the Wyoming Range Withdrawal Area may 

submit a written notice to the Secretary of the interest of 

the holder in the retirement and repurchase of that right. 

(2) LIST OF INTERESTED HOLDERS.—The Secretary shall prepare a list of interested holders and make the list available 

to any non-Federal entity or person interested in acquiring 

that right for retirement by the Secretary. 

(c) PROHIBITION.—The Secretary may not use any Federal funds 

to purchase any right referred to in subsection (a). 

(d) DONATION AUTHORITY.—The Secretary shall— 

(1) accept the donation of any valid existing mining or 

leasing right in the Wyoming Range Withdrawal Area from 

the holder of that right or from any non-Federal entity or 

person that acquires that right; and 

(2) on acceptance, cancel that right. 

(e) RELATIONSHIP TO OTHER AUTHORITY.—Nothing in this subtitle affects any authority the Secretary may otherwise have to 

modify, suspend, or terminate a lease without compensation, or 

to recognize the transfer of a valid existing mining or leasing 

right, if otherwise authorized by law. 

Subtitle D—Land Conveyances and 

Exchanges 

SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, ALASKA. 

(a) DEFINITIONS.—In this section: 

(1) CITY.—The term ‘‘City’’ means the city of Coffman Cove, 

Alaska. 

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

of Agriculture. 

(b) CONVEYANCE.— 

(1) IN GENERAL.—Subject to valid existing rights, the Secretary shall convey to the City, without consideration and by 

quitclaim deed all right, title, and interest of the United States, 

except as provided in paragraphs (3) and (4), in and to the 

parcel of National Forest System land described in paragraph 

(2). 

(2) DESCRIPTION OF LAND.— (A) IN GENERAL.—The parcel of National Forest System 

land referred to in paragraph (1) is the approximately 

12 acres of land identified in U.S. Survey 10099, as depicted 

on the plat entitled ‘‘Subdivision of U.S. Survey No. 10099’’ 

and recorded as Plat 2003–1 on January 21, 2003, Petersburg Recording District, Alaska. 

(B) EXCLUDED LAND.—The parcel of National Forest 

System land conveyed under paragraph (1) does not include 

the portion of U.S. Survey 10099 that is north of the 

right-of-way for Forest Development Road 3030–295 and 

southeast of Tract CC–8. 

(3) RIGHT-OF-WAY.—The United States may reserve a rightof-way to provide access to the National Forest System land 

excluded from the conveyance to the City under paragraph 

(2)(B). 

(4) REVERSION.—If any portion of the land conveyed under 

paragraph (1) (other than a portion of land sold under paragraph (5)) ceases to be used for public purposes, the land 

shall, at the option of the Secretary, revert to the United 

States. 

(5) CONDITIONS ON SUBSEQUENT CONVEYANCES.—If the City 

sells any portion of the land conveyed to the City under paragraph (1)— 

(A) the amount of consideration for the sale shall reflect 

fair market value, as determined by an appraisal; and 

(B) the City shall pay to the Secretary an amount 

equal to the gross proceeds of the sale, which shall be 

available, without further appropriation, for the Tongass 

National Forest. 

SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST LAND 

CONVEYANCE, MONTANA. 

(a) DEFINITIONS.—In this section: 

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

Montana. 

(2) MAP.—The term ‘‘map’’ means the map that is— 

(A) entitled ‘‘Elkhorn Cemetery’’; 

(B) dated May 9, 2005; and 

(C) on file in the office of the Beaverhead-Deerlodge 

National Forest Supervisor. 

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

of Agriculture. 

(b) CONVEYANCE TO JEFFERSON COUNTY, MONTANA.— 

(1) CONVEYANCE.—Not later than 180 days after the date 

of enactment of this Act and subject to valid existing rights, 

the Secretary (acting through the Regional Forester, Northern 

Region, Missoula, Montana) shall convey by quitclaim deed 

Deadline. 

Payments. 

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to the County for no consideration, all right, title, and interest 

of the United States, except as provided in paragraph (5), 

in and to the parcel of land described in paragraph (2). 

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

to in paragraph (1) is the parcel of approximately 9.67 acres 

of National Forest System land (including any improvements 

to the land) in the County that is known as the ‘‘Elkhorn 

Cemetery’’, as generally depicted on the map. 

(3) USE OF LAND.—As a condition of the conveyance under 

paragraph (1), the County shall— 

(A) use the land described in paragraph (2) as a County 

cemetery; and 

(B) agree to manage the cemetery with due consideration and protection for the historic and cultural values 

of the cemetery, under such terms and conditions as are 

agreed to by the Secretary and the County. 

(4) EASEMENT.—In conveying the land to the County under 

paragraph (1), the Secretary, in accordance with applicable 

law, shall grant to the County an easement across certain 

National Forest System land, as generally depicted on the 

map, to provide access to the land conveyed under that paragraph. 

(5) REVERSION.—In the quitclaim deed to the County, the 

Secretary shall provide that the land conveyed to the County 

under paragraph (1) shall revert to the Secretary, at the election 

of the Secretary, if the land is— 

(A) used for a purpose other than the purposes 

described in paragraph (3)(A); or 

(B) managed by the County in a manner that is inconsistent with paragraph (3)(B). 

SEC. 3303. SANTA FE NATIONAL FOREST; PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE. 

(a) DEFINITIONS.—In this section: 

(1) FEDERAL LAND.—The term ‘‘Federal land’’ means the 

approximately 160 acres of Federal land within the Santa Fe 

National Forest in the State, as depicted on the map. 

(2) LANDOWNER.—The term ‘‘landowner’’ means the 1 or 

more owners of the non-Federal land. 

(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Proposed Land Exchange for Pecos National Historical Park’’, numbered 430/80,054, dated November 19, 1999, and revised September 18, 2000. 

(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means the approximately 154 acres of non-Federal land in 

the Park, as depicted on the map. 

(5) PARK.—The term ‘‘Park’’ means the Pecos National 

Historical Park in the State. 

(6) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agriculture, acting 

jointly. 

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

Mexico. 

(b) LAND EXCHANGE.— 

(1) IN GENERAL.—If the Secretary of the Interior accepts 

the non-Federal land, title to which is acceptable to the Secretary of the Interior, the Secretary of Agriculture shall, subject 

New Mexico. 


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to the conditions of this section and the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.), convey to the 

landowner the Federal land. 

(2) EASEMENT.— 

(A) IN GENERAL.—As a condition of the conveyance 

of the non-Federal land, the landowner may reserve an 

easement (including an easement for service access) for 

water pipelines to 2 well sites located in the Park, as 

generally depicted on the map. 

(B) ROUTE.—The Secretary of the Interior and the landowner shall determine the appropriate route of the easement through the non-Federal land. 

(C) TERMS AND CONDITIONS.—The easement shall 

include such terms and conditions relating to the use of, 

and access to, the well sites and pipeline, as the Secretary 

of the Interior and the landowner determine to be appropriate. 

(D) APPLICABLE LAW.—The easement shall be established, operated, and maintained in compliance with 

applicable Federal, State, and local laws. 

(3) VALUATION, APPRAISALS, AND EQUALIZATION.— 

(A) IN GENERAL.—The value of the Federal land and 

non-Federal land— 

(i) shall be equal, as determined by appraisals 

conducted in accordance with subparagraph (B); or 

(ii) if the value is not equal, shall be equalized 

in accordance with subparagraph (C). 

(B) APPRAISALS.— 

(i) IN GENERAL.—The Federal land and non-Federal land shall be appraised by an independent 

appraiser selected by the Secretaries. 

(ii) REQUIREMENTS.—An appraisal conducted 

under clause (i) shall be conducted in accordance 

with— 

(I) the Uniform Appraisal Standards for Federal Land Acquisitions; and 

(II) the Uniform Standards of Professional 

Appraisal Practice. 

(iii) APPROVAL.—The appraisals conducted under 

this subparagraph shall be submitted to the Secretaries 

for approval. 

(C) EQUALIZATION OF VALUES.— 

(i) IN GENERAL.—If the values of the non-Federal 

land and the Federal land are not equal, the values 

may be equalized in accordance with section 206 of 

the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1716). 

(ii) CASH EQUALIZATION PAYMENTS.—Any amounts 

received by the Secretary of Agriculture as a cash 

equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 

U.S.C. 1716(b)) shall— 

(I) be deposited in the fund established by 

Public Law 90–171 (commonly known as the ‘‘Sisk 

Act’’) (16 U.S.C. 484a); and 


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(II) be available for expenditure, without further appropriation, for the acquisition of land and 

interests in land in the State. 

(4) COSTS.—Before the completion of the exchange under 

this subsection, the Secretaries and the landowner shall enter 

into an agreement that allocates the costs of the exchange 

among the Secretaries and the landowner. 

(5) APPLICABLE LAW.—Except as otherwise provided in this 

section, the exchange of land and interests in land under this 

section shall be in accordance with— 

(A) section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and 

(B) other applicable Federal, State, and local laws. 

(6) ADDITIONAL TERMS AND CONDITIONS.—The Secretaries 

may require, in addition to any requirements under this section, 

such terms and conditions relating to the exchange of Federal 

land and non-Federal land and the granting of easements under 

this section as the Secretaries determine to be appropriate 

to protect the interests of the United States. 

(7) COMPLETION OF THE EXCHANGE.— 

(A) IN GENERAL.—The exchange of Federal land and 

non-Federal land shall be completed not later than 180 

days after the later of— 

(i) the date on which the requirements of the 

National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.) have been met; 

(ii) the date on which the Secretary of the Interior 

approves the appraisals under paragraph (3)(B)(iii); 

or 

(iii) the date on which the Secretaries and the 

landowner agree on the costs of the exchange and 

any other terms and conditions of the exchange under 

this subsection. 

(B) NOTICE.—The Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate 

and the Committee on Resources of the House of Representatives notice of the completion of the exchange of Federal 

land and non-Federal land under this subsection. 

(c) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary of the Interior shall administer the non-Federal land acquired under this section in accordance with the laws generally applicable to units of the National 

Park System, including the Act of August 25, 1916 (commonly 

known as the ‘‘National Park Service Organic Act’’) (16 U.S.C. 

1 et seq.). 

(2) MAPS.— 

(A) IN GENERAL.—The map shall be on file and available for public inspection in the appropriate offices of the 

Secretaries. 

(B) TRANSMITTAL OF REVISED MAP TO CONGRESS.—Not 

later than 180 days after completion of the exchange, the 

Secretaries shall transmit to the Committee on Energy 

and Natural Resources of the Senate and the Committee 

on Resources of the House of Representatives a revised 

map that depicts— 

(i) the Federal land and non-Federal land 

exchanged under this section; and 

Deadline. 

Deadline. 

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(ii) the easement described in subsection (b)(2). 

SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEYANCE, NEW 

MEXICO. 

(a) DEFINITIONS.—In this section: 

(1) CLAIM.—The term ‘‘Claim’’ means a claim of the Claimants to any right, title, or interest in any land located in 

lot 10, sec. 22, T. 18 N., R. 12 E., New Mexico Principal 

Meridian, San Miguel County, New Mexico, except as provided 

in subsection (b)(1). 

(2) CLAIMANTS.—The term ‘‘Claimants’’ means Ramona 

Lawson and Boyd Lawson. 

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

parcel of National Forest System land in the Santa Fe National 

Forest, New Mexico, that is— 

(A) comprised of approximately 6.20 acres of land; and 

(B) described and delineated in the survey. 

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

of Agriculture, acting through the Forest Service Regional Forester, Southwestern Region. 

(5) SURVEY.—The term ‘‘survey’’ means the survey plat 

entitled ‘‘Boundary Survey and Conservation Easement Plat’’, 

prepared by Chris A. Chavez, Land Surveyor, Forest Service, 

NMPLS#12793, and recorded on February 27, 2007, at book 

55, page 93, of the land records of San Miguel County, New 

Mexico. 

(b) SANTA FE NATIONAL FOREST LAND CONVEYANCE.— (1) IN GENERAL.—The Secretary shall, except as provided 

in subparagraph (A) and subject to valid existing rights, convey 

and quitclaim to the Claimants all right, title, and interest 

of the United States in and to the Federal land in exchange 

for— 

(A) the grant by the Claimants to the United States 

of a scenic easement to the Federal land that— 

(i) protects the purposes for which the Federal 

land was designated under the Wild and Scenic Rivers 

Act (16 U.S.C. 1271 et seq.); and 

(ii) is determined to be acceptable by the Secretary; 

and 

(B) a release of the United States by the Claimants 

of— 

(i) the Claim; and 

(ii) any additional related claims of the Claimants 

against the United States. 

(2) SURVEY.—The Secretary, with the approval of the 

Claimants, may make minor corrections to the survey and 

legal description of the Federal land to correct clerical, typographical, and surveying errors. 

(3) SATISFACTION OF CLAIM.—The conveyance of Federal 

land under paragraph (1) shall constitute a full satisfaction 

of the Claim. 

SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEYANCE. 

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

convey, without consideration, to the King and Kittitas Counties 

Fire District #51 of King and Kittitas Counties, Washington (in 

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

of the United States in and to a parcel of National Forest System 


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land in Kittitas County, Washington, consisting of approximately 

1.5 acres within the SW1⁄4 of the SE1⁄4 of section 4, township 

22 north, range 11 east, Willamette meridian, for the purpose 

of permitting the District to use the parcel as a site for a new 

Snoqualmie Pass fire and rescue station. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) 

is not being used in accordance with the purpose of the conveyance 

specified in such subsection, all right, title, and interest in and 

to the property shall revert, at the option of the Secretary, to 

the United States, and the United States shall have the right 

of immediate entry onto the property. Any determination of the 

Secretary under this subsection shall be made on the record after 

an opportunity for a hearing. 

(c) SURVEY.—If necessary, the exact acreage and legal description of the lands to be conveyed under subsection (a) shall be 

determined by a survey satisfactory to the Secretary. The cost 

of a survey shall be borne by the District. 

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

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRICTIONS. 

Notwithstanding Public Law 90–171 (commonly known as the 

‘‘Sisk Act’’) (16 U.S.C. 484a), the approximately 36.25 acres patented 

to the Mammoth County Water District (now known as the ‘‘Mammoth Community Water District’’) by Patent No. 04–87–0038, on 

June 26, 1987, and recorded in volume 482, at page 516, of the 

official records of the Recorder’s Office, Mono County, California, 

may be used for any public purpose. 

SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, 

UTAH. 

(a) DEFINITIONS.—In this section: 

(1) CITY.—The term ‘‘City’’ means the City of Bountiful, 

Utah. 

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

land under the jurisdiction of the Secretary identified on the 

map as ‘‘Shooting Range Special Use Permit Area’’. 

(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Bountiful City Land Consolidation Act’’ and dated October 15, 2007. 

(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means the 3 parcels of City land comprising a total of approximately 1,680 acres, as generally depicted on the map. 

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

of Agriculture. 

(b) EXCHANGE.—Subject to subsections (d) through (h), if the 

City conveys to the Secretary all right, title, and interest of the 

City in and to the non-Federal land, the Secretary shall convey 

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

and to the Federal land. 

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

Service. 

(d) VALUATION AND EQUALIZATION.— 


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123 STAT. 1136 PUBLIC LAW 111–11—MAR. 30, 2009 

(1) VALUATION.—The value of the Federal land and the 

non-Federal land to be conveyed under subsection (b)— 

(A) shall be equal, as determined by appraisals carried 

out in accordance with section 206 of the Federal Land 

Policy and Management Act of 1976 (43 U.S.C. 1716); or 

(B) if not equal, shall be equalized in accordance with 

paragraph (2). 

(2) EQUALIZATION.—If the value of the Federal land and 

the non-Federal land to be conveyed in a land exchange under 

this section is not equal, the value may be equalized by— 

(A) making a cash equalization payment to the Secretary or to the City, as appropriate; or 

(B) reducing the acreage of the Federal land or the 

non-Federal land to be exchanged, as appropriate. 

(e) APPLICABLE LAW.—Section 206 of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1716) shall apply to the 

land exchange authorized under subsection (b), except that the 

Secretary may accept a cash equalization payment in excess of 

25 percent of the value of the Federal land. 

(f) CONDITIONS.— 

(1) LIABILITY.— 

(A) IN GENERAL.—As a condition of the exchange under 

subsection (b), the Secretary shall— 

(i) require that the City— 

(I) assume all liability for the shooting range 

located on the Federal land, including the past, 

present, and future condition of the Federal land; 

and 

(II) hold the United States harmless for any 

liability for the condition of the Federal land; and 

(ii) comply with the hazardous substances disclosure requirements of section 120(h) of the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9620(h)). 

(B) LIMITATION.—Clauses (ii) and (iii) of section 

120(h)(3)(A) of the Comprehensive Environmental 

Response, Compensation, and Liability Act (42 U.S.C. 

9620(h)(3)(A)) shall not apply to the conveyance of Federal 

land under subsection (b). 

(2) ADDITIONAL TERMS AND CONDITIONS.—The land 

exchange under subsection (b) shall be subject to— 

(A) valid existing rights; and 

(B) such additional terms and conditions as the Secretary may require. 

(g) MANAGEMENT OF ACQUIRED LAND.—The non-Federal land 

acquired by the Secretary under subsection (b) shall be— 

(1) added to, and administered as part of, the WasatchCache National Forest; and 

(2) managed by the Secretary in accordance with— 

(A) the Act of March 1, 1911 (commonly known as 

the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and 

(B) any laws (including regulations) applicable to the 

National Forest System. 

(h) EASEMENTS; RIGHTS-OF-WAY.— 

(1) BONNEVILLE SHORELINE TRAIL EASEMENT.—In carrying 

out the land exchange under subsection (b), the Secretary shall 


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ensure that an easement not less than 60 feet in width is 

reserved for the Bonneville Shoreline Trail. 

(2) OTHER RIGHTS-OF-WAY.—The Secretary and the City 

may reserve any other rights-of-way for utilities, roads, and 

trails that— 

(A) are mutually agreed to by the Secretary and the 

City; and 

(B) the Secretary and the City consider to be in the 

public interest. 

(i) DISPOSAL OF REMAINING FEDERAL LAND.— (1) IN GENERAL.—The Secretary may, by sale or exchange, 

dispose of all, or a portion of, the parcel of National Forest 

System land comprising approximately 220 acres, as generally 

depicted on the map that remains after the conveyance of 

the Federal land authorized under subsection (b), if the Secretary determines, in accordance with paragraph (2), that the 

land or portion of the land is in excess of the needs of the 

National Forest System. 

(2) REQUIREMENTS.—A determination under paragraph (1) 

shall be made— 

(A) pursuant to an amendment of the land and resource 

management plan for the Wasatch-Cache National Forest; 

and 

(B) after carrying out a public process consistent with 

the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.). 

(3) CONSIDERATION.—As consideration for any conveyance 

of Federal land under paragraph (1), the Secretary shall require 

payment of an amount equal to not less than the fair market 

value of the conveyed National Forest System land. 

(4) RELATION TO OTHER LAWS.—Any conveyance of Federal 

land under paragraph (1) by exchange shall be subject to section 

206 of the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1716). 

(5) DISPOSITION OF PROCEEDS.—Any amounts received by 

the Secretary as consideration under subsection (d) or paragraph (3) shall be— 

(A) deposited in the fund established under Public 

Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 

484a); and 

(B) available to the Secretary, without further appropriation and until expended, for the acquisition of land 

or interests in land to be included in the Wasatch-Cache 

National Forest. 

(6) ADDITIONAL TERMS AND CONDITIONS.—Any conveyance 

of Federal land under paragraph (1) shall be subject to— 

(A) valid existing rights; and 

(B) such additional terms and conditions as the Secretary may require. 

SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH RIVER OF NO 

RETURN WILDERNESS. 

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

(1) to adjust the boundaries of the wilderness area; and 

(2) to authorize the Secretary to sell the land designated 

for removal from the wilderness area due to encroachment. 

(b) DEFINITIONS.—In this section: 

Idaho. 

16 USC 1132 

note. 

Payments. 


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123 STAT. 1138 PUBLIC LAW 111–11—MAR. 30, 2009 

(1) LAND DESIGNATED FOR EXCLUSION.—The term ‘‘land 

designated for exclusion’’ means the parcel of land that is— 

(A) comprised of approximately 10.2 acres of land; 

(B) generally depicted on the survey plat entitled ‘‘Proposed Boundary Change FCRONRW Sections 15 

(unsurveyed) Township 14 North, Range 13 East, B.M., 

Custer County, Idaho’’ and dated November 14, 2001; and 

(C) more particularly described in the survey plat and 

legal description on file in— 

(i) the office of the Chief of the Forest Service, 

Washington, DC; and 

(ii) the office of the Intermountain Regional Forester, Ogden, Utah. 

(2) LAND DESIGNATED FOR INCLUSION.—The term ‘‘land designated for inclusion’’ means the parcel of National Forest 

System land that is— 

(A) comprised of approximately 10.2 acres of land; 

(B) located in unsurveyed section 22, T. 14 N., R. 

13 E., Boise Meridian, Custer County, Idaho; 

(C) generally depicted on the map entitled ‘‘Challis 

National Forest, T.14 N., R. 13 E., B.M., Custer County, 

Idaho, Proposed Boundary Change FCRONRW’’ and dated 

September 19, 2007; and 

(D) more particularly described on the map and legal 

description on file in— 

(i) the office of the Chief of the Forest Service, 

Washington, DC; and 

(ii) the Intermountain Regional Forester, Ogden, 

Utah. 

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

of Agriculture. 

(4) WILDERNESS AREA.—The term ‘‘wilderness area’’ means 

the Frank Church River of No Return Wilderness designated 

by section 3 of the Central Idaho Wilderness Act of 1980 (16 

U.S.C. 1132 note; 94 Stat. 948). 

(c) BOUNDARY ADJUSTMENT.— 

(1) ADJUSTMENT TO WILDERNESS AREA.— 

(A) INCLUSION.—The wilderness area shall include the 

land designated for inclusion. 

(B) EXCLUSION.—The wilderness area shall not include 

the land designated for exclusion. 

(2) CORRECTIONS TO LEGAL DESCRIPTIONS.—The Secretary 

may make corrections to the legal descriptions. 

(d) CONVEYANCE OF LAND DESIGNATED FOR EXCLUSION.— 

(1) IN GENERAL.—Subject to paragraph (2), to resolve the 

encroachment on the land designated for exclusion, the Secretary may sell for consideration in an amount equal to fair 

market value— 

(A) the land designated for exclusion; and 

(B) as the Secretary determines to be necessary, not 

more than 10 acres of land adjacent to the land designated 

for exclusion. 

(2) CONDITIONS.—The sale of land under paragraph (1) 

shall be subject to the conditions that— 

(A) the land to be conveyed be appraised in accordance 

with the Uniform Appraisal Standards for Federal Land 

Acquisitions; 


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(B) the person buying the land shall pay— 

(i) the costs associated with appraising and, if 

the land needs to be resurveyed, resurveying the land; 

and 

(ii) any analyses and closing costs associated with 

the conveyance; 

(C) for management purposes, the Secretary may reconfigure the description of the land for sale; and 

(D) the owner of the adjacent private land shall have 

the first opportunity to buy the land. 

(3) DISPOSITION OF PROCEEDS.— (A) IN GENERAL.—The Secretary shall deposit the cash 

proceeds from a sale of land under paragraph (1) in the 

fund established under Public Law 90–171 (commonly 

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

(B) AVAILABILITY AND USE.—Amounts deposited under 

subparagraph (A)— 

(i) shall remain available until expended for the 

acquisition of land for National Forest purposes in 

the State of Idaho; and 

(ii) shall not be subject to transfer or reprogramming for— 

(I) wildland fire management; or 

(II) any other emergency purposes. 

SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMENDMENT. 

Section 413(b) of the T’uf Shur Bien Preservation Trust Area 

Act (16 U.S.C. 539m–11) is amended— 

(1) in paragraph (1), by inserting ‘‘3,’’ after ‘‘sections’’; and 

(2) in the first sentence of paragraph (4), by inserting 

‘‘, as a condition of the conveyance,’’ before ‘‘remain’’. 

Subtitle E—Colorado Northern Front 

Range Study 

SEC. 3401. PURPOSE. 

The purpose of this subtitle is to identify options that may 

be available to assist in maintaining the open space characteristics 

of land that is part of the mountain backdrop of communities 

in the northern section of the Front Range area of Colorado. 

SEC. 3402. DEFINITIONS. 

In this subtitle: 

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

of Agriculture, acting through the Chief of the Forest Service. 

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

(3) STUDY AREA.— 

(A) IN GENERAL.—The term ‘‘study area’’ means the 

land in southern Boulder, northern Jefferson, and northern 

Gilpin Counties, Colorado, that is located west of Colorado 

State Highway 93, south and east of Colorado State Highway 119, and north of Colorado State Highway 46, as 

generally depicted on the map entitled ‘‘Colorado Northern 

Front Range Mountain Backdrop Protection Study Act: 

Study Area’’ and dated August 27, 2008. 

Payments. 


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123 STAT. 1140 PUBLIC LAW 111–11—MAR. 30, 2009 

(B) EXCLUSIONS.—The term ‘‘study area’’ does not 

include land within the city limits of the cities of Arvada, 

Boulder, or Golden, Colorado. 

(4) UNDEVELOPED LAND.—The term ‘‘undeveloped land’’ 

means land— 

(A) that is located within the study area; 

(B) that is free or primarily free of structures; and 

(C) the development of which is likely to affect 

adversely the scenic, wildlife, or recreational value of the 

study area. 

SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP STUDY. 

(a) STUDY; REPORT.—Not later than 1 year after the date of 

enactment of this Act and except as provided in subsection (c), 

the Secretary shall— 

(1) conduct a study of the land within the study area; 

and 

(2) complete a report that— 

(A) identifies the present ownership of the land within 

the study area; 

(B) identifies any undeveloped land that may be at 

risk of development; and 

(C) describes any actions that could be taken by the 

United States, the State, a political subdivision of the 

State, or any other parties to preserve the open and 

undeveloped character of the land within the study area. 

(b) REQUIREMENTS.—The Secretary shall conduct the study and 

develop the report under subsection (a) with the support and participation of 1 or more of the following State and local entities: 

(1) The Colorado Department of Natural Resources. 

(2) Colorado State Forest Service. 

(3) Colorado State Conservation Board. 

(4) Great Outdoors Colorado. 

(5) Boulder, Jefferson, and Gilpin Counties, Colorado. 

(c) LIMITATION.—If the State and local entities specified in 

subsection (b) do not support and participate in the conduct of 

the study and the development of the report under this section, 

the Secretary may— 

(1) decrease the area covered by the study area, as appropriate; or 

(2)(A) opt not to conduct the study or develop the report; 

and 

(B) submit to the Committee on Energy and Natural 

Resources of the Senate and the Committee on Natural 

Resources of the House of Representatives notice of the decision 

not to conduct the study or develop the report. 

(d) EFFECT.—Nothing in this subtitle authorizes the Secretary 

to take any action that would affect the use of any land not 

owned by the United States. 

Notice. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1141 

TITLE IV—FOREST LANDSCAPE 

RESTORATION 

SEC. 4001. PURPOSE. 

The purpose of this title is to encourage the collaborative, 

science-based ecosystem restoration of priority forest landscapes 

through a process that— 

(1) encourages ecological, economic, and social sustainability; 

(2) leverages local resources with national and private 

resources; 

(3) facilitates the reduction of wildfire management costs, 

including through reestablishing natural fire regimes and 

reducing the risk of uncharacteristic wildfire; and 

(4) demonstrates the degree to which— 

(A) various ecological restoration techniques— 

(i) achieve ecological and watershed health objectives; and 

(ii) affect wildfire activity and management costs; 

and 

(B) the use of forest restoration byproducts can offset 

treatment costs while benefitting local rural economies and 

improving forest health. 

SEC. 4002. DEFINITIONS. 

In this title: 

(1) FUND.—The term ‘‘Fund’’ means the Collaborative 

Forest Landscape Restoration Fund established by section 

4003(f). 

(2) PROGRAM.—The term ‘‘program’’ means the Collaborative Forest Landscape Restoration Program established under 

section 4003(a). 

(3) PROPOSAL.—The term ‘‘proposal’’ means a collaborative 

forest landscape restoration proposal described in section 

4003(b). 

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

of Agriculture, acting through the Chief of the Forest Service. 

(5) STRATEGY.—The term ‘‘strategy’’ means a landscape 

restoration strategy described in section 4003(b)(1). 

SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM. 

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of the Interior, shall establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration 

treatments for priority forest landscapes in accordance with— 

(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 

et seq.); 

(2) the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.); and 

(3) any other applicable law. 

(b) ELIGIBILITY CRITERIA.—To be eligible for nomination under 

subsection (c), a collaborative forest landscape restoration proposal 

shall— 

(1) be based on a landscape restoration strategy that— 

(A) is complete or substantially complete; 

16 USC 7303. 

16 USC 7302. 

16 USC 7301. 


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123 STAT. 1142 PUBLIC LAW 111–11—MAR. 30, 2009 

(B) identifies and prioritizes ecological restoration 

treatments for a 10-year period within a landscape that 

is— 

(i) at least 50,000 acres; 

(ii) comprised primarily of forested National Forest 

System land, but may also include land under the 

jurisdiction of the Bureau of Land Management, land 

under the jurisdiction of the Bureau of Indian Affairs, 

or other Federal, State, tribal, or private land; 

(iii) in need of active ecosystem restoration; and 

(iv) accessible by existing or proposed wood-processing infrastructure at an appropriate scale to use 

woody biomass and small-diameter wood removed in 

ecological restoration treatments; 

(C) incorporates the best available science and scientific application tools in ecological restoration strategies; 

(D) fully maintains, or contributes toward the restoration of, the structure and composition of old growth stands 

according to the pre-fire suppression old growth conditions 

characteristic of the forest type, taking into account the 

contribution of the stand to landscape fire adaptation and 

watershed health and retaining the large trees contributing 

to old growth structure; 

(E) would carry out any forest restoration treatments 

that reduce hazardous fuels by— 

(i) focusing on small diameter trees, thinning, strategic fuel breaks, and fire use to modify fire behavior, 

as measured by the projected reduction of 

uncharacteristically severe wildfire effects for the forest 

type (such as adverse soil impacts, tree mortality or 

other impacts); and 

(ii) maximizing the retention of large trees, as 

appropriate for the forest type, to the extent that the 

trees promote fire-resilient stands; and 

(F)(i) does not include the establishment of permanent 

roads; and 

(ii) would commit funding to decommission all temporary roads constructed to carry out the strategy; 

(2) be developed and implemented through a collaborative 

process that— 

(A) includes multiple interested persons representing 

diverse interests; and 

(B)(i) is transparent and nonexclusive; or 

(ii) meets the requirements for a resource advisory 

committee under subsections (c) through (f) of section 205 

of Public Law 106–393 (16 U.S.C. 500 note); 

(3) describe plans to— 

(A) reduce the risk of uncharacteristic wildfire, 

including through the use of fire for ecological restoration 

and maintenance and reestablishing natural fire regimes, 

where appropriate; 

(B) improve fish and wildlife habitat, including for 

endangered, threatened, and sensitive species; 

(C) maintain or improve water quality and watershed 

function; 

(D) prevent, remediate, or control invasions of exotic 

species; 


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(E) maintain, decommission, and rehabilitate roads and 

trails; 

(F) use woody biomass and small-diameter trees produced from projects implementing the strategy; 

(G) report annually on performance, including through 

performance measures from the plan entitled the ‘‘10 Year 

Comprehensive Strategy Implementation Plan’’ and dated 

December 2006; and 

(H) take into account any applicable community wildfire protection plan; 

(4) analyze any anticipated cost savings, including those 

resulting from— 

(A) reduced wildfire management costs; and 

(B) a decrease in the unit costs of implementing 

ecological restoration treatments over time; 

(5) estimate— 

(A) the annual Federal funding necessary to implement 

the proposal; and 

(B) the amount of new non-Federal investment for 

carrying out the proposal that would be leveraged; 

(6) describe the collaborative process through which the 

proposal was developed, including a description of— 

(A) participation by or consultation with State, local, 

and Tribal governments; and 

(B) any established record of successful collaborative 

planning and implementation of ecological restoration 

projects on National Forest System land and other land 

included in the proposal by the collaborators; and 

(7) benefit local economies by providing local employment 

or training opportunities through contracts, grants, or agreements for restoration planning, design, implementation, or monitoring with— 

(A) local private, nonprofit, or cooperative entities; 

(B) Youth Conservation Corps crews or related partnerships, with State, local, and non-profit youth groups; 

(C) existing or proposed small or micro-businesses, 

clusters, or incubators; or 

(D) other entities that will hire or train local people 

to complete such contracts, grants, or agreements; and 

(8) be subject to any other requirements that the Secretary, 

in consultation with the Secretary of the Interior, determines 

to be necessary for the efficient and effective administration 

of the program. 

(c) NOMINATION PROCESS.— 

(1) SUBMISSION.—A proposal shall be submitted to— 

(A) the appropriate Regional Forester; and 

(B) if actions under the jurisdiction of the Secretary 

of the Interior are proposed, the appropriate— 

(i) State Director of the Bureau of Land Management; 

(ii) Regional Director of the Bureau of Indian 

Affairs; or 

(iii) other official of the Department of the Interior. 

(2) NOMINATION.— 

(A) IN GENERAL.—A Regional Forester may nominate 

for selection by the Secretary any proposals that meet 

the eligibility criteria established by subsection (b). 

Proposal. 


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123 STAT. 1144 PUBLIC LAW 111–11—MAR. 30, 2009 

(B) CONCURRENCE.—Any proposal nominated by the 

Regional Forester that proposes actions under the jurisdiction of the Secretary of the Interior shall include the concurrence of the appropriate— 

(i) State Director of the Bureau of Land Management; 

(ii) Regional Director of the Bureau of Indian 

Affairs; or 

(iii) other official of the Department of the Interior. 

(3) DOCUMENTATION.—With respect to each proposal that 

is nominated under paragraph (2)— 

(A) the appropriate Regional Forester shall— 

(i) include a plan to use Federal funds allocated 

to the region to fund those costs of planning and carrying out ecological restoration treatments on National 

Forest System land, consistent with the strategy, that 

would not be covered by amounts transferred to the 

Secretary from the Fund; and 

(ii) provide evidence that amounts proposed to be 

transferred to the Secretary from the Fund during 

the first 2 fiscal years following selection would be 

used to carry out ecological restoration treatments consistent with the strategy during the same fiscal year 

in which the funds are transferred to the Secretary; 

(B) if actions under the jurisdiction of the Secretary 

of the Interior are proposed, the nomination shall include 

a plan to fund such actions, consistent with the strategy, 

by the appropriate— 

(i) State Director of the Bureau of Land Management; 

(ii) Regional Director of the Bureau of Indian 

Affairs; or 

(iii) other official of the Department of the Interior; 

and 

(C) if actions on land not under the jurisdiction of 

the Secretary or the Secretary of the Interior are proposed, 

the appropriate Regional Forester shall provide evidence 

that the landowner intends to participate in, and provide 

appropriate funding to carry out, the actions. 

(d) SELECTION PROCESS.— 

(1) IN GENERAL.—After consulting with the advisory panel 

established under subsection (e), the Secretary, in consultation 

with the Secretary of the Interior, shall, subject to paragraph 

(2), select the best proposals that— 

(A) have been nominated under subsection (c)(2); and 

(B) meet the eligibility criteria established by subsection (b). 

(2) CRITERIA.—In selecting proposals under paragraph (1), 

the Secretary shall give special consideration to— 

(A) the strength of the proposal and strategy; 

(B) the strength of the ecological case of the proposal 

and the proposed ecological restoration strategies; 

(C) the strength of the collaborative process and the 

likelihood of successful collaboration throughout 

implementation; 

(D) whether the proposal is likely to achieve reductions 

in long-term wildfire management costs; 

Plans. 


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(E) whether the proposal would reduce the relative 

costs of carrying out ecological restoration treatments as 

a result of the use of woody biomass and small-diameter 

trees; and 

(F) whether an appropriate level of non-Federal investment would be leveraged in carrying out the proposal. 

(3) LIMITATION.—The Secretary may select not more than— 

(A) 10 proposals to be funded during any fiscal year; 

(B) 2 proposals in any 1 region of the National Forest 

System to be funded during any fiscal year; and 

(C) the number of proposals that the Secretary determines are likely to receive adequate funding. 

(e) ADVISORY PANEL.— 

(1) IN GENERAL.—The Secretary shall establish and maintain an advisory panel comprised of not more than 15 members 

to evaluate, and provide recommendations on, each proposal 

that has been nominated under subsection (c)(2). 

(2) REPRESENTATION.—The Secretary shall ensure that the 

membership of the advisory panel is fairly balanced in terms 

of the points of view represented and the functions to be performed by the advisory panel. 

(3) INCLUSION.—The advisory panel shall include experts 

in ecological restoration, fire ecology, fire management, rural 

economic development, strategies for ecological adaptation to 

climate change, fish and wildlife ecology, and woody biomass 

and small-diameter tree utilization. 

(f) COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND.— 

(1) ESTABLISHMENT.—There is established in the Treasury 

of the United States a fund, to be known as the ‘‘Collaborative 

Forest Landscape Restoration Fund’’, to be used to pay up 

to 50 percent of the cost of carrying out and monitoring 

ecological restoration treatments on National Forest System 

land for each proposal selected to be carried out under subsection (d). 

(2) INCLUSION.—The cost of carrying out ecological restoration treatments as provided in paragraph (1) may, as the Secretary determines to be appropriate, include cancellation and 

termination costs required to be obligated for contracts to carry 

out ecological restoration treatments on National Forest System 

land for each proposal selected to be carried out under subsection (d). 

(3) CONTENTS.—The Fund shall consist of such amounts 

as are appropriated to the Fund under paragraph (6). 

(4) EXPENDITURES FROM FUND.— 

(A) IN GENERAL.—On request by the Secretary, the 

Secretary of the Treasury shall transfer from the Fund 

to the Secretary such amounts as the Secretary determines 

are appropriate, in accordance with paragraph (1). 

(B) LIMITATION.—The Secretary shall not expend 

money from the Fund on any 1 proposal— 

(i) during a period of more than 10 fiscal years; 

or 

(ii) in excess of $4,000,000 in any 1 fiscal year. 

(5) ACCOUNTING AND REPORTING SYSTEM.—The Secretary 

shall establish an accounting and reporting system for the 

Fund. 

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(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Fund $40,000,000 for each of 

fiscal years 2009 through 2019, to remain available until 

expended. 

(g) PROGRAM IMPLEMENTATION AND MONITORING.— (1) WORK PLAN.—Not later than 180 days after the date 

on which a proposal is selected to be carried out, the Secretary 

shall create, in collaboration with the interested persons, an 

implementation work plan and budget to implement the proposal that includes— 

(A) a description of the manner in which the proposal 

would be implemented to achieve ecological and community 

economic benefit, including capacity building to accomplish 

restoration; 

(B) a business plan that addresses— 

(i) the anticipated unit treatment cost reductions 

over 10 years; 

(ii) the anticipated costs for infrastructure needed 

for the proposal; 

(iii) the projected sustainability of the supply of 

woody biomass and small-diameter trees removed in 

ecological restoration treatments; and 

(iv) the projected local economic benefits of the 

proposal; 

(C) documentation of the non-Federal investment in 

the priority landscape, including the sources and uses of 

the investments; and 

(D) a plan to decommission any temporary roads established to carry out the proposal. 

(2) PROJECT IMPLEMENTATION.—Amounts transferred to the 

Secretary from the Fund shall be used to carry out ecological 

restoration treatments that are— 

(A) consistent with the proposal and strategy; and 

(B) identified through the collaborative process 

described in subsection (b)(2). 

(3) ANNUAL REPORT.—The Secretary, in collaboration with 

the Secretary of the Interior and interested persons, shall prepare an annual report on the accomplishments of each selected 

proposal that includes— 

(A) a description of all acres (or other appropriate 

unit) treated and restored through projects implementing 

the strategy; 

(B) an evaluation of progress, including performance 

measures and how prior year evaluations have contributed 

to improved project performance; 

(C) a description of community benefits achieved, 

including any local economic benefits; 

(D) the results of the multiparty monitoring, evaluation, and accountability process under paragraph (4); and 

(E) a summary of the costs of— 

(i) treatments; and 

(ii) relevant fire management activities. 

(4) MULTIPARTY MONITORING.—The Secretary shall, in 

collaboration with the Secretary of the Interior and interested 

persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, 

social, and economic effects of projects implementing a selected 

Deadline. 

Budget. 


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proposal for not less than 15 years after project implementation 

commences. 

(h) REPORT.—Not later than 5 years after the first fiscal year 

in which funding is made available to carry out ecological restoration projects under the program, and every 5 years thereafter, 

the Secretary, in consultation with the Secretary of the Interior, 

shall submit a report on the program, including an assessment 

of whether, and to what extent, the program is fulfilling the purposes of this title, to— 

(1) the Committee on Energy and Natural Resources of 

the Senate; 

(2) the Committee on Appropriations of the Senate; 

(3) the Committee on Natural Resources of the House of 

Representatives; and 

(4) the Committee on Appropriations of the House of Representatives. 

SEC. 4004. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary and 

the Secretary of the Interior such sums as are necessary to carry 

out this title. 

TITLE V—RIVERS AND TRAILS 

Subtitle A—Additions to the National Wild 

and Scenic Rivers System 

SEC. 5001. FOSSIL CREEK, ARIZONA. 

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

1274(a)) (as amended by section 1852) is amended by adding at 

the end the following: 

‘‘(205) FOSSIL CREEK, ARIZONA.—Approximately 16.8 miles 

of Fossil Creek from the confluence of Sand Rock and Calf 

Pen Canyons to the confluence with the Verde River, to be 

administered by the Secretary of Agriculture in the following 

classes: 

‘‘(A) The approximately 2.7-mile segment from the confluence of Sand Rock and Calf Pen Canyons to the point 

where the segment exits the Fossil Spring Wilderness, 

as a wild river. 

‘‘(B) The approximately 7.5-mile segment from where 

the segment exits the Fossil Creek Wilderness to the 

boundary of the Mazatzal Wilderness, as a recreational 

river. 

‘‘(C) The 6.6-mile segment from the boundary of the 

Mazatzal Wilderness downstream to the confluence with 

the Verde River, as a wild river.’’. 

SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING. 

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

Thomas Snake Headwaters Legacy Act of 2008’’. 

(b) FINDINGS; PURPOSES.— 

(1) FINDINGS.—Congress finds that— 

(A) the headwaters of the Snake River System in northwest Wyoming feature some of the cleanest sources of 

Craig Thomas 

Snake 

Headwaters 

Legacy Act 

of 2008. 

16 USC 1271 

note. 

16 USC 7304. 


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freshwater, healthiest native trout fisheries, and most 

intact rivers and streams in the lower 48 States; 

(B) the rivers and streams of the headwaters of the 

Snake River System— 

(i) provide unparalleled fishing, hunting, boating, 

and other recreational activities for— 

(I) local residents; and 

(II) millions of visitors from around the world; 

and 

(ii) are national treasures; 

(C) each year, recreational activities on the rivers and 

streams of the headwaters of the Snake River System 

generate millions of dollars for the economies of— 

(i) Teton County, Wyoming; and 

(ii) Lincoln County, Wyoming; 

(D) to ensure that future generations of citizens of 

the United States enjoy the benefits of the rivers and 

streams of the headwaters of the Snake River System, 

Congress should apply the protections provided by the Wild 

and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to those 

rivers and streams; and 

(E) the designation of the rivers and streams of the 

headwaters of the Snake River System under the Wild 

and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify 

to the citizens of the United States the importance of 

maintaining the outstanding and remarkable qualities of 

the Snake River System while— 

(i) preserving public access to those rivers and 

streams; 

(ii) respecting private property rights (including 

existing water rights); and 

(iii) continuing to allow historic uses of the rivers 

and streams. 

(2) PURPOSES.—The purposes of this section are— 

(A) to protect for current and future generations of 

citizens of the United States the outstandingly remarkable 

scenic, natural, wildlife, fishery, recreational, scientific, historic, and ecological values of the rivers and streams of 

the headwaters of the Snake River System, while continuing to deliver water and operate and maintain valuable 

irrigation water infrastructure; and 

(B) to designate approximately 387.7 miles of the rivers 

and streams of the headwaters of the Snake River System 

as additions to the National Wild and Scenic Rivers System. 

(c) DEFINITIONS.—In this section: 

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

(A) the Secretary of Agriculture (acting through the 

Chief of the Forest Service), with respect to each river 

segment described in paragraph (205) of section 3(a) of 

the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

added by subsection (d)) that is not located in— 

(i) Grand Teton National Park; 

(ii) Yellowstone National Park; 

(iii) the John D. Rockefeller, Jr. Memorial Parkway; or 

(iv) the National Elk Refuge; and 

16 USC 1274 

note. 


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(B) the Secretary of the Interior, with respect to each 

river segment described in paragraph (205) of section 3(a) 

of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 

(as added by subsection (d)) that is located in— 

(i) Grand Teton National Park; 

(ii) Yellowstone National Park; 

(iii) the John D. Rockefeller, Jr. Memorial Parkway; or 

(iv) the National Elk Refuge. 

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

(d) WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER HEADWATERS, WYOMING.—Section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) (as amended by section 5001) is amended 

by adding at the end the following: 

‘‘(206) SNAKE RIVER HEADWATERS, WYOMING.—The following 

segments of the Snake River System, in the State of Wyoming: 

‘‘(A) BAILEY CREEK.—The 7-mile segment of Bailey 

Creek, from the divide with the Little Greys River north 

to its confluence with the Snake River, as a wild river. 

‘‘(B) BLACKROCK CREEK.—The 22-mile segment from 

its source to the Bridger-Teton National Forest boundary, 

as a scenic river. 

‘‘(C) BUFFALO FORK OF THE SNAKE RIVER.—The portions 

of the Buffalo Fork of the Snake River, consisting of— 

‘‘(i) the 55-mile segment consisting of the North 

Fork, the Soda Fork, and the South Fork, upstream 

from Turpin Meadows, as a wild river; 

‘‘(ii) the 14-mile segment from Turpin Meadows 

to the upstream boundary of Grand Teton National 

Park, as a scenic river; and 

‘‘(iii) the 7.7-mile segment from the upstream 

boundary of Grand Teton National Park to its confluence with the Snake River, as a scenic river. 

‘‘(D) CRYSTAL CREEK.—The portions of Crystal Creek, 

consisting of— 

‘‘(i) the 14-mile segment from its source to the 

Gros Ventre Wilderness boundary, as a wild river; 

and 

‘‘(ii) the 5-mile segment from the Gros Ventre 

Wilderness boundary to its confluence with the Gros 

Ventre River, as a scenic river. 

‘‘(E) GRANITE CREEK.—The portions of Granite Creek, 

consisting of— 

‘‘(i) the 12-mile segment from its source to the 

end of Granite Creek Road, as a wild river; and 

‘‘(ii) the 9.5-mile segment from Granite Hot 

Springs to the point 1 mile upstream from its confluence with the Hoback River, as a scenic river. 

‘‘(F) GROS VENTRE RIVER.—The portions of the Gros 

Ventre River, consisting of— 

‘‘(i) the 16.5-mile segment from its source to 

Darwin Ranch, as a wild river; 

‘‘(ii) the 39-mile segment from Darwin Ranch to 

the upstream boundary of Grand Teton National Park, 

excluding the section along Lower Slide Lake, as a 

scenic river; and 


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‘‘(iii) the 3.3-mile segment flowing across the 

southern boundary of Grand Teton National Park to 

the Highlands Drive Loop Bridge, as a scenic river. 

‘‘(G) HOBACK RIVER.—The 10-mile segment from the 

point 10 miles upstream from its confluence with the Snake 

River to its confluence with the Snake River, as a recreational river. 

‘‘(H) LEWIS RIVER.—The portions of the Lewis River, 

consisting of— 

‘‘(i) the 5-mile segment from Shoshone Lake to 

Lewis Lake, as a wild river; and 

‘‘(ii) the 12-mile segment from the outlet of Lewis 

Lake to its confluence with the Snake River, as a 

scenic river. 

‘‘(I) PACIFIC CREEK.—The portions of Pacific Creek, consisting of— 

‘‘(i) the 22.5-mile segment from its source to the 

Teton Wilderness boundary, as a wild river; and 

‘‘(ii) the 11-mile segment from the Wilderness 

boundary to its confluence with the Snake River, as 

a scenic river. 

‘‘(J) SHOAL CREEK.—The 8-mile segment from its source 

to the point 8 miles downstream from its source, as a 

wild river. 

‘‘(K) SNAKE RIVER.—The portions of the Snake River, 

consisting of— 

‘‘(i) the 47-mile segment from its source to Jackson 

Lake, as a wild river; 

‘‘(ii) the 24.8-mile segment from 1 mile downstream 

of Jackson Lake Dam to 1 mile downstream of the 

Teton Park Road bridge at Moose, Wyoming, as a 

scenic river; and 

‘‘(iii) the 19-mile segment from the mouth of the 

Hoback River to the point 1 mile upstream from the 

Highway 89 bridge at Alpine Junction, as a recreational river, the boundary of the western edge of 

the corridor for the portion of the segment extending 

from the point 3.3 miles downstream of the mouth 

of the Hoback River to the point 4 miles downstream 

of the mouth of the Hoback River being the ordinary 

high water mark. 

‘‘(L) WILLOW CREEK.—The 16.2-mile segment from the 

point 16.2 miles upstream from its confluence with the 

Hoback River to its confluence with the Hoback River, 

as a wild river. 

‘‘(M) WOLF CREEK.—The 7-mile segment from its source 

to its confluence with the Snake River, as a wild river.’’. 

(e) MANAGEMENT.— 

(1) IN GENERAL.—Each river segment described in paragraph (205) of section 3(a) of the Wild and Scenic Rivers Act 

(16 U.S.C. 1274(a)) (as added by subsection (d)) shall be managed by the Secretary concerned. 

(2) MANAGEMENT PLAN.— 

(A) IN GENERAL.—In accordance with subparagraph 

(A), not later than 3 years after the date of enactment 

of this Act, the Secretary concerned shall develop a management plan for each river segment described in paragraph 

Deadline. 

16 USC 1274 

note. 


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(205) of section 3(a) of the Wild and Scenic Rivers Act 

(16 U.S.C. 1274(a)) (as added by subsection (d)) that is 

located in an area under the jurisdiction of the Secretary 

concerned. 

(B) REQUIRED COMPONENT.—Each management plan 

developed by the Secretary concerned under subparagraph 

(A) shall contain, with respect to the river segment that 

is the subject of the plan, a section that contains an analysis and description of the availability and compatibility 

of future development with the wild and scenic character 

of the river segment (with particular emphasis on each 

river segment that contains 1 or more parcels of private 

land). 

(3) QUANTIFICATION OF WATER RIGHTS RESERVED BY RIVER

SEGMENTS.— 

(A) The Secretary concerned shall apply for the quantification of the water rights reserved by each river segment 

designated by this section in accordance with the procedural requirements of the laws of the State of Wyoming. 

(B) For the purpose of the quantification of water rights 

under this subsection, with respect to each Wild and Scenic 

River segment designated by this section— 

(i) the purposes for which the segments are designated, as set forth in this section, are declared to 

be beneficial uses; and 

(ii) the priority date of such right shall be the 

date of enactment of this Act. 

(4) STREAM GAUGES.—Consistent with the Wild and Scenic 

Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry 

out activities at United States Geological Survey stream gauges 

that are located on the Snake River (including tributaries of 

the Snake River), including flow measurements and operation, 

maintenance, and replacement. 

(5) CONSENT OF PROPERTY OWNER.—No property or interest 

in property located within the boundaries of any river segment 

described in paragraph (205) of section 3(a) of the Wild and 

Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection 

(d)) may be acquired by the Secretary without the consent 

of the owner of the property or interest in property. 

(6) EFFECT OF DESIGNATIONS.— 

(A) IN GENERAL.—Nothing in this section affects valid 

existing rights, including— 

(i) all interstate water compacts in existence on 

the date of enactment of this Act (including full 

development of any apportionment made in accordance 

with the compacts); 

(ii) water rights in the States of Idaho and 

Wyoming; and 

(iii) water rights held by the United States. 

(B) JACKSON LAKE; JACKSON LAKE DAM.—Nothing in 

this section shall affect the management and operation 

of Jackson Lake or Jackson Lake Dam, including the storage, management, and release of water. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 


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SEC. 5003. TAUNTON RIVER, MASSACHUSETTS. 

(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)) (as amended by section 5002(d)) is amended 

by adding at the end the following: 

‘‘(207) TAUNTON RIVER, MASSACHUSETTS.—The main stem 

of the Taunton River from its headwaters at the confluence 

of the Town and Matfield Rivers in the Town of Bridgewater 

downstream 40 miles to the confluence with the Quequechan 

River at the Route 195 Bridge in the City of Fall River, to 

be administered by the Secretary of the Interior in cooperation 

with the Taunton River Stewardship Council as follows: 

‘‘(A) The 18-mile segment from the confluence of the 

Town and Matfield Rivers to Route 24 in the Town of 

Raynham, as a scenic river. 

‘‘(B) The 5-mile segment from Route 24 to 0.5 miles 

below Weir Bridge in the City of Taunton, as a recreational 

river. 

‘‘(C) The 8-mile segment from 0.5 miles below Weir 

Bridge to Muddy Cove in the Town of Dighton, as a scenic 

river. 

‘‘(D) The 9-mile segment from Muddy Cove to the confluence with the Quequechan River at the Route 195 Bridge 

in the City of Fall River, as a recreational river.’’. 

(b) MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS.— 

(1) TAUNTON RIVER STEWARDSHIP PLAN.— 

(A) IN GENERAL.—Each river segment designated by 

section 3(a)(206) of the Wild and Scenic Rivers Act (as 

added by subsection (a)) shall be managed in accordance 

with the Taunton River Stewardship Plan, dated July 2005 

(including any amendment to the Taunton River Stewardship Plan that the Secretary of the Interior (referred to 

in this subsection as the ‘‘Secretary’’) determines to be 

consistent with this section). 

(B) EFFECT.—The Taunton River Stewardship Plan 

described in subparagraph (A) shall be considered to satisfy 

each requirement relating to the comprehensive management plan required under section 3(d) of the Wild and 

Scenic Rivers Act (16 U.S.C. 1274(d)). 

(2) COOPERATIVE AGREEMENTS.—To provide for the longterm protection, preservation, and enhancement of each river 

segment designated by section 3(a)(206) of the Wild and Scenic 

Rivers Act (as added by subsection (a)), pursuant to sections 

10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 

1281(e) and 1282(b)(1)), the Secretary may enter into cooperative agreements (which may include provisions for financial 

and other assistance) with— 

(A) the Commonwealth of Massachusetts (including 

political subdivisions of the Commonwealth of Massachusetts); 

(B) the Taunton River Stewardship Council; and 

(C) any appropriate nonprofit organization, as determined by the Secretary. 

(3) RELATION TO NATIONAL PARK SYSTEM.—Notwithstanding 

section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 

1281(c)), each river segment designated by section 3(a)(206) 

of the Wild and Scenic Rivers Act (as added by subsection 

(a)) shall not be— 

16 USC 1274 

note. 


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(A) administered as a unit of the National Park 

System; or 

(B) subject to the laws (including regulations) that 

govern the administration of the National Park System. 

(4) LAND MANAGEMENT.— (A) ZONING ORDINANCES.—The zoning ordinances 

adopted by the Towns of Bridgewater, Halifax, 

Middleborough, Raynham, Berkley, Dighton, Freetown, and 

Somerset, and the Cities of Taunton and Fall River, 

Massachusetts (including any provision of the zoning ordinances relating to the conservation of floodplains, wetlands, 

and watercourses associated with any river segment designated by section 3(a)(206) of the Wild and Scenic Rivers 

Act (as added by subsection (a))), shall be considered to 

satisfy each standard and requirement described in section 

6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). 

(B) VILLAGES.—For the purpose of section 6(c) of the 

Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each town 

described in subparagraph (A) shall be considered to be 

a village. 

(C) ACQUISITION OF LAND.— 

(i) LIMITATION OF AUTHORITY OF SECRETARY.—With 

respect to each river segment designated by section 

3(a)(206) of the Wild and Scenic Rivers Act (as added 

by subsection (a)), the Secretary may only acquire parcels of land— 

(I) by donation; or 

(II) with the consent of the owner of the parcel 

of land. 

(ii) PROHIBITION RELATING TO ACQUISITION OF LAND

BY CONDEMNATION.—In accordance with section 6(c) 

of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), 

with respect to each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as 

added by subsection (a)), the Secretary may not acquire 

any parcel of land by condemnation. 

Subtitle B—Wild and Scenic Rivers Studies 

SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY. 

(a) DESIGNATION FOR STUDY.—Section 5(a) of the Wild and 

Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at 

the end the following: 

‘‘(140) MISSISQUOI AND TROUT RIVERS, VERMONT.—The 

approximately 25-mile segment of the upper Missisquoi from 

its headwaters in Lowell to the Canadian border in North 

Troy, the approximately 25-mile segment from the Canadian 

border in East Richford to Enosburg Falls, and the approximately 20-mile segment of the Trout River from its headwaters 

to its confluence with the Missisquoi River.’’. 

(b) STUDY AND REPORT.—Section 5(b) of the Wild and Scenic 

Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end 

the following: 

‘‘(19) MISSISQUOI AND TROUT RIVERS, VERMONT.—Not later 

than 3 years after the date on which funds are made available 

to carry out this paragraph, the Secretary of the Interior shall— 


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‘‘(A) complete the study of the Missisquoi and Trout 

Rivers, Vermont, described in subsection (a)(140); and 

‘‘(B) submit a report describing the results of that 

study to the appropriate committees of Congress.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

Subtitle C—Additions to the National 

Trails System 

SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL. 

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

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

‘‘(27) ARIZONA NATIONAL SCENIC TRAIL.— ‘‘(A) IN GENERAL.—The Arizona National Scenic Trail, 

extending approximately 807 miles across the State of 

Arizona from the U.S.–Mexico international border to the 

Arizona–Utah border, as generally depicted on the map 

entitled ‘Arizona National Scenic Trail’ and dated December 

5, 2007, to be administered by the Secretary of Agriculture, 

in consultation with the Secretary of the Interior and appropriate State, tribal, and local governmental agencies. 

‘‘(B) AVAILABILITY OF MAP.—The map shall be on file 

and available for public inspection in appropriate offices 

of the Forest Service.’’. 

SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL. 

(a) AUTHORIZATION AND ADMINISTRATION.—Section 5(a) of the 

National Trails System Act (16 U.S.C. 1244(a)) (as amended by 

section 5201) is amended by adding at the end the following: 

‘‘(28) NEW ENGLAND NATIONAL SCENIC TRAIL.—The New 

England National Scenic Trail, a continuous trail extending 

approximately 220 miles from the border of New Hampshire 

in the town of Royalston, Massachusetts to Long Island Sound 

in the town of Guilford, Connecticut, as generally depicted 

on the map titled ‘New England National Scenic Trail Proposed 

Route’, numbered T06/80,000, and dated October 2007. The 

map shall be on file and available for public inspection in 

the appropriate offices of the National Park Service. The Secretary of the Interior, in consultation with appropriate Federal, 

State, tribal, regional, and local agencies, and other organizations, shall administer the trail after considering the recommendations of the report titled the ‘Metacomet Monadnock 

Mattabesset Trail System National Scenic Trail Feasibility 

Study and Environmental Assessment’, prepared by the 

National Park Service, and dated Spring 2006. The United 

States shall not acquire for the trail any land or interest 

in land without the consent of the owner.’’. 

(b) MANAGEMENT.—The Secretary of the Interior (referred to 

in this section as the ‘‘Secretary’’) shall consider the actions outlined 

in the Trail Management Blueprint described in the report titled 

the ‘‘Metacomet Monadnock Mattabesett Trail System National 

Scenic Trail Feasibility Study and Environmental Assessment’’, prepared by the National Park Service, and dated Spring 2006, as 

the framework for management and administration of the New 

16 USC 1244 

note. 


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England National Scenic Trail. Additional or more detailed plans 

for administration, management, protection, access, maintenance, 

or development of the trail may be developed consistent with the 

Trail Management Blueprint, and as approved by the Secretary. 

(c) COOPERATIVE AGREEMENTS.—The Secretary is authorized 

to enter into cooperative agreements with the Commonwealth of 

Massachusetts (and its political subdivisions), the State of Connecticut (and its political subdivisions), and other regional, local, 

and private organizations deemed necessary and desirable to accomplish cooperative trail administrative, management, and protection 

objectives consistent with the Trail Management Blueprint. An 

agreement under this subsection may include provisions for limited 

financial assistance to encourage participation in the planning, 

acquisition, protection, operation, development, or maintenance of 

the trail. 

(d) ADDITIONAL TRAIL SEGMENTS.—Pursuant to section 6 of 

the National Trails System Act (16 U.S.C. 1245), the Secretary 

is encouraged to work with the State of New Hampshire and appropriate local and private organizations to include that portion of 

the Metacomet-Monadnock Trail in New Hampshire (which lies 

between Royalston, Massachusetts and Jaffrey, New Hampshire) 

as a component of the New England National Scenic Trail. Inclusion 

of this segment, as well as other potential side or connecting trails, 

is contingent upon written application to the Secretary by appropriate State and local jurisdictions and a finding by the Secretary 

that trail management and administration is consistent with the 

Trail Management Blueprint. 

SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL. 

(a) FINDINGS; PURPOSE.— 

(1) FINDINGS.—Congress finds that— 

(A) at the end of the last Ice Age, some 12,000 to 

17,000 years ago, a series of cataclysmic floods occurred 

in what is now the northwest region of the United States, 

leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of the States of Montana, 

Idaho, Washington and Oregon; 

(B) geological features that have exceptional value and 

quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal, 

county, municipal, and private land in the region; and 

(C) in 2001, a joint study team headed by the National 

Park Service that included about 70 members from public 

and private entities completed a study endorsing the 

establishment of an Ice Age Floods National Geologic 

Trail— 

(i) to recognize the national significance of this 

phenomenon; and 

(ii) to coordinate public and private sector entities 

in the presentation of the story of the Ice Age floods. 

(2) PURPOSE.—The purpose of this section is to designate 

the Ice Age Floods National Geologic Trail in the States of 

Montana, Idaho, Washington, and Oregon, enabling the public 

to view, experience, and learn about the features and story 

of the Ice Age floods through the collaborative efforts of public 

and private entities. 

(b) DEFINITIONS.—In this section: 

State listing. 

16 USC 1244 

note. 

16 USC 1244 

note. 

16 USC 1244 

note. 


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(1) ICE AGE FLOODS; FLOODS.—The term ‘‘Ice Age floods’’ 

or ‘‘floods’’ means the cataclysmic floods that occurred in what 

is now the northwestern United States during the last Ice 

Age from massive, rapid and recurring drainage of Glacial 

Lake Missoula. 

(2) PLAN.—The term ‘‘plan’’ means the cooperative management and interpretation plan authorized under subsection (f)(5). 

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

of the Interior. 

(4) TRAIL.—The term ‘‘Trail’’ means the Ice Age Floods 

National Geologic Trail designated by subsection (c). 

(c) DESIGNATION.—In order to provide for public appreciation, 

understanding, and enjoyment of the nationally significant natural 

and cultural features of the Ice Age floods and to promote collaborative efforts for interpretation and education among public and 

private entities located along the pathways of the floods, there 

is designated the Ice Age Floods National Geologic Trail. 

(d) LOCATION.— 

(1) MAP.—The route of the Trail shall be as generally 

depicted on the map entitled ‘‘Ice Age Floods National Geologic 

Trail,’’ numbered P43/80,000 and dated June 2004. 

(2) ROUTE.—The route shall generally follow public roads 

and highways. 

(3) REVISION.—The Secretary may revise the map by 

publication in the Federal Register of a notice of availability 

of a new map as part of the plan. 

(e) MAP AVAILABILITY.—The map referred to in subsection (d)(1) 

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

offices of the National Park Service. 

(f) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary, acting through the 

Director of the National Park Service, shall administer the 

Trail in accordance with this section. 

(2) LIMITATION.—Except as provided in paragraph (6)(B), 

the Trail shall not be considered to be a unit of the National 

Park System. 

(3) TRAIL MANAGEMENT OFFICE.—To improve management 

of the Trail and coordinate Trail activities with other public 

agencies and private entities, the Secretary may establish and 

operate a trail management office at a central location within 

the vicinity of the Trail. 

(4) INTERPRETIVE FACILITIES.—The Secretary may plan, 

design, and construct interpretive facilities for sites associated 

with the Trail if the facilities are constructed in partnership 

with State, local, tribal, or non-profit entities and are consistent 

with the plan. 

(5) MANAGEMENT PLAN.— 

(A) IN GENERAL.—Not later than 3 years after funds 

are made available to carry out this section, the Secretary 

shall prepare a cooperative management and interpretation 

plan for the Trail. 

(B) CONSULTATION.—The Secretary shall prepare the 

plan in consultation with— 

(i) State, local, and tribal governments; 

(ii) the Ice Age Floods Institute; 

(iii) private property owners; and 

(iv) other interested parties. 

Deadline. 

Federal Register, 

publication. 

Notice. 


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(C) CONTENTS.—The plan shall— 

(i) confirm and, if appropriate, expand on the 

inventory of features of the floods contained in the 

National Park Service study entitled ‘‘Ice Age Floods, 

Study of Alternatives and Environmental Assessment’’ 

(February 2001) by— 

(I) locating features more accurately; 

(II) improving the description of features; and 

(III) reevaluating the features in terms of their 

interpretive potential; 

(ii) review and, if appropriate, modify the map 

of the Trail referred to in subsection (d)(1); 

(iii) describe strategies for the coordinated development of the Trail, including an interpretive plan for 

facilities, waysides, roadside pullouts, exhibits, media, 

and programs that present the story of the floods to 

the public effectively; and 

(iv) identify potential partnering opportunities in 

the development of interpretive facilities and educational programs to educate the public about the story 

of the floods. 

(6) COOPERATIVE MANAGEMENT.— 

(A) IN GENERAL.—In order to facilitate the development 

of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote 

more efficient administration of the sites associated with 

the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in the States 

of Montana, Idaho, Washington, and Oregon in accordance 

with the authority provided for units of the National Park 

System under section 3(l) of Public Law 91–383 (16 U.S.C. 

1a–2(l)). 

(B) AUTHORITY.—For purposes of this paragraph only, 

the Trail shall be considered a unit of the National Park 

System. 

(7) COOPERATIVE AGREEMENTS.—The Secretary may enter 

into cooperative agreements with public or private entities to 

carry out this section. 

(8) EFFECT ON PRIVATE PROPERTY RIGHTS.—Nothing in this 

section— 

(A) requires any private property owner to allow public 

access (including Federal, State, or local government 

access) to private property; or 

(B) modifies any provision of Federal, State, or local 

law with respect to public access to or use of private land. 

(9) LIABILITY.—Designation of the Trail by subsection (c) 

does not create any liability for, or affect any liability under 

any law of, any private property owner with respect to any 

person injured on the private property. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section, of which not more than $12,000,000 may be used for 

development of the Trail. 


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123 STAT. 1158 PUBLIC LAW 111–11—MAR. 30, 2009 

SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE 

NATIONAL HISTORIC TRAIL. 

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

1244(a)) (as amended by section 5202(a)) is amended by adding 

at the end the following: 

‘‘(29) WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE

NATIONAL HISTORIC TRAIL.— 

‘‘(A) IN GENERAL.—The Washington-Rochambeau 

Revolutionary Route National Historic Trail, a corridor of 

approximately 600 miles following the route taken by the 

armies of General George Washington and Count Rochambeau between Newport, Rhode Island, and Yorktown, Virginia, in 1781 and 1782, as generally depicted on the map 

entitled ‘WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL’, numbered T01/80,001, and dated June 2007. 

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

shall be on file and available for public inspection in the 

appropriate offices of the National Park Service. 

‘‘(C) ADMINISTRATION.—The trail shall be administered 

by the Secretary of the Interior, in consultation with— 

‘‘(i) other Federal, State, tribal, regional, and local 

agencies; and 

‘‘(ii) the private sector. 

‘‘(D) LAND ACQUISITION.—The United States shall not 

acquire for the trail any land or interest in land outside 

the exterior boundary of any federally-managed area without the consent of the owner of the land or interest in 

land.’’. 

SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL. 

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

1244(a)) (as amended by section 5204) is amended by adding at 

the end the following: 

‘‘(30) PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.— 

‘‘(A) IN GENERAL.—The Pacific Northwest National 

Scenic Trail, a trail of approximately 1,200 miles, extending 

from the Continental Divide in Glacier National Park, Montana, to the Pacific Ocean Coast in Olympic National Park, 

Washington, following the route depicted on the map entitled ‘Pacific Northwest National Scenic Trail: Proposed 

Trail’, numbered T12/80,000, and dated February 2008 

(referred to in this paragraph as the ‘map’). 

‘‘(B) AVAILABILITY OF MAP.—The map shall be on file 

and available for public inspection in the appropriate offices 

of the Forest Service. 

‘‘(C) ADMINISTRATION.—The Pacific Northwest National 

Scenic Trail shall be administered by the Secretary of 

Agriculture. 

‘‘(D) LAND ACQUISITION.—The United States shall not 

acquire for the Pacific Northwest National Scenic Trail 

any land or interest in land outside the exterior boundary 

of any federally-managed area without the consent of the 

owner of the land or interest in land.’’. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1159 

SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL. 

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

1244(a)(16)) is amended as follows: 

(1) By amending subparagraph (C) to read as follows: 

‘‘(C) In addition to the areas otherwise designated 

under this paragraph, the following routes and land components by which the Cherokee Nation was removed to Oklahoma are components of the Trail of Tears National Historic Trail, as generally described in the environmentally 

preferred alternative of the November 2007 Feasibility 

Study Amendment and Environmental Assessment for 

Trail of Tears National Historic Trail: 

‘‘(i) The Benge and Bell routes. 

‘‘(ii) The land components of the designated water 

routes in Alabama, Arkansas, Oklahoma, and Tennessee. 

‘‘(iii) The routes from the collection forts in Alabama, Georgia, North Carolina, and Tennessee to the 

emigration depots. 

‘‘(iv) The related campgrounds located along the 

routes and land components described in clauses (i) 

through (iii).’’. 

(2) In subparagraph (D)— 

(A) by striking the first sentence; and 

(B) by adding at the end the following: ‘‘No lands 

or interests in lands outside the exterior boundaries of 

any federally administered area may be acquired by the 

Federal Government for the Trail of Tears National Historic 

Trail except with the consent of the owner thereof.’’. 

Subtitle D—National Trail System 

Amendments 

SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AUTHORITY. 

(a) AUTHORITY TO ACQUIRE LAND FROM WILLING SELLERS FOR

CERTAIN TRAILS.— 

(1) OREGON NATIONAL HISTORIC TRAIL.—Section 5(a)(3) of 

the National Trails System Act (16 U.S.C. 1244(a)(3)) is 

amended by adding at the end the following: ‘‘No land or 

interest in land outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government 

for the trail except with the consent of the owner of the land 

or interest in land. The authority of the Federal Government 

to acquire fee title under this paragraph shall be limited to 

an average of not more than 1⁄4 mile on either side of the 

trail.’’. 

(2) MORMON PIONEER NATIONAL HISTORIC TRAIL.—Section 

5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) 

is amended by adding at the end the following: ‘‘No land or 

interest in land outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government 

for the trail except with the consent of the owner of the land 

or interest in land. The authority of the Federal Government 

to acquire fee title under this paragraph shall be limited to 


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123 STAT. 1160 PUBLIC LAW 111–11—MAR. 30, 2009 

an average of not more than 1⁄4 mile on either side of the 

trail.’’. 

(3) CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.—Section 

5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)) 

is amended by adding at the end the following: ‘‘No land or 

interest in land outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government 

for the trail except with the consent of the owner of the land 

or interest in land. The authority of the Federal Government 

to acquire fee title under this paragraph shall be limited to 

an average of not more than 1⁄4 mile on either side of the 

trail.’’. 

(4) LEWIS AND CLARK NATIONAL HISTORIC TRAIL.—Section 

5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) 

is amended by adding at the end the following: ‘‘No land or 

interest in land outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government 

for the trail except with the consent of the owner of the land 

or interest in land. The authority of the Federal Government 

to acquire fee title under this paragraph shall be limited to 

an average of not more than 1⁄4 mile on either side of the 

trail.’’. 

(5) IDITAROD NATIONAL HISTORIC TRAIL.—Section 5(a)(7) of 

the National Trails System Act (16 U.S.C. 1244(a)(7)) is 

amended by adding at the end the following: ‘‘No land or 

interest in land outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government 

for the trail except with the consent of the owner of the land 

or interest in land. The authority of the Federal Government 

to acquire fee title under this paragraph shall be limited to 

an average of not more than 1⁄4 mile on either side of the 

trail.’’. 

(6) NORTH COUNTRY NATIONAL SCENIC TRAIL.—Section 

5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) 

is amended by adding at the end the following: ‘‘No land or 

interest in land outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government 

for the trail except with the consent of the owner of the land 

or interest in land.’’. 

(7) ICE AGE NATIONAL SCENIC TRAIL.—Section 5(a)(10) of 

the National Trails System Act (16 U.S.C. 1244(a)(10)) is 

amended by adding at the end the following: ‘‘No land or 

interest in land outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government 

for the trail except with the consent of the owner of the land 

or interest in land.’’. 

(8) POTOMAC HERITAGE NATIONAL SCENIC TRAIL.—Section 

5(a)(11) of the National Trails System Act (16 U.S.C. 

1244(a)(11)) is amended— 

(A) by striking the fourth and fifth sentences; and 

(B) by adding at the end the following: ‘‘No land or 

interest in land outside the exterior boundaries of any 

federally administered area may be acquired by the Federal 

Government for the trail except with the consent of the 

owner of the land or interest in land.’’. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1161 

(9) NEZ PERCE NATIONAL HISTORIC TRAIL.—Section 5(a)(14) 

of the National Trails System Act (16 U.S.C. 1244(a)(14)) is 

amended— 

(A) by striking the fourth and fifth sentences; and 

(B) by adding at the end the following: ‘‘No land or 

interest in land outside the exterior boundaries of any 

federally administered area may be acquired by the Federal 

Government for the trail except with the consent of the 

owner of the land or interest in land. The authority of 

the Federal Government to acquire fee title under this 

paragraph shall be limited to an average of not more than 

1⁄4 mile on either side of the trail.’’. 

(b) CONFORMING AMENDMENT.—Section 10 of the National 

Trails System Act (16 U.S.C. 1249) is amended by striking subsection (c) and inserting the following: 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—Except as otherwise provided in this 

Act, there are authorized to be appropriated such sums as 

are necessary to implement the provisions of this Act relating 

to the trails designated by section 5(a). 

‘‘(2) NATCHEZ TRACE NATIONAL SCENIC TRAIL.— 

‘‘(A) IN GENERAL.—With respect to the Natchez Trace 

National Scenic Trail (referred to in this paragraph as 

the ‘trail’) designated by section 5(a)(12)— 

‘‘(i) not more than $500,000 shall be appropriated 

for the acquisition of land or interests in land for 

the trail; and 

‘‘(ii) not more than $2,000,000 shall be appropriated for the development of the trail. 

‘‘(B) PARTICIPATION BY VOLUNTEER TRAIL GROUPS.—The 

administering agency for the trail shall encourage volunteer 

trail groups to participate in the development of the trail.’’. 

SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF 

EXISTING NATIONAL HISTORIC TRAILS. 

Section 5 of the National Trails System Act (16 U.S.C. 1244) 

is amended by adding at the end the following: 

‘‘(g) REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF

EXISTING NATIONAL HISTORIC TRAILS.— 

‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) ROUTE.—The term ‘route’ includes a trail segment 

commonly known as a cutoff. 

‘‘(B) SHARED ROUTE.—The term ‘shared route’ means 

a route that was a segment of more than 1 historic trail, 

including a route shared with an existing national historic 

trail. 

‘‘(2) REQUIREMENTS FOR REVISION.— 

‘‘(A) IN GENERAL.—The Secretary of the Interior shall 

revise the feasibility and suitability studies for certain 

national trails for consideration of possible additions to 

the trails. 

‘‘(B) STUDY REQUIREMENTS AND OBJECTIVES.—The 

study requirements and objectives specified in subsection 

(b) shall apply to a study required by this subsection. 

‘‘(C) COMPLETION AND SUBMISSION OF STUDY.—A study 

listed in this subsection shall be completed and submitted 

Deadline. 

Applicability. 


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123 STAT. 1162 PUBLIC LAW 111–11—MAR. 30, 2009 

to Congress not later than 3 complete fiscal years from 

the date funds are made available for the study. 

‘‘(3) OREGON NATIONAL HISTORIC TRAIL.— 

‘‘(A) STUDY REQUIRED.—The Secretary of the Interior 

shall undertake a study of the routes of the Oregon Trail 

listed in subparagraph (B) and generally depicted on the 

map entitled ‘Western Emigrant Trails 1830/1870’ and 

dated 1991/1993, and of such other routes of the Oregon 

Trail that the Secretary considers appropriate, to determine 

the feasibility and suitability of designation of 1 or more 

of the routes as components of the Oregon National Historic 

Trail. 

‘‘(B) COVERED ROUTES.—The routes to be studied under 

subparagraph (A) shall include the following: 

‘‘(i) Whitman Mission route. 

‘‘(ii) Upper Columbia River. 

‘‘(iii) Cowlitz River route. 

‘‘(iv) Meek cutoff. 

‘‘(v) Free Emigrant Road. 

‘‘(vi) North Alternate Oregon Trail. 

‘‘(vii) Goodale’s cutoff. 

‘‘(viii) North Side alternate route. 

‘‘(ix) Cutoff to Barlow road. 

‘‘(x) Naches Pass Trail. 

‘‘(4) PONY EXPRESS NATIONAL HISTORIC TRAIL.—The Secretary of the Interior shall undertake a study of the approximately 20-mile southern alternative route of the Pony Express 

Trail from Wathena, Kansas, to Troy, Kansas, and such other 

routes of the Pony Express Trail that the Secretary considers 

appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the 

Pony Express National Historic Trail. 

‘‘(5) CALIFORNIA NATIONAL HISTORIC TRAIL.— 

‘‘(A) STUDY REQUIRED.—The Secretary of the Interior 

shall undertake a study of the Missouri Valley, central, 

and western routes of the California Trail listed in subparagraph (B) and generally depicted on the map entitled 

‘Western Emigrant Trails 1830/1870’ and dated 1991/1993, 

and of such other and shared Missouri Valley, central, 

and western routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the 

California National Historic Trail. 

‘‘(B) COVERED ROUTES.—The routes to be studied under 

subparagraph (A) shall include the following: 

‘‘(i) MISSOURI VALLEY ROUTES.— 

‘‘(I) Blue Mills-Independence Road. 

‘‘(II) Westport Landing Road. 

‘‘(III) Westport-Lawrence Road. 

‘‘(IV) Fort Leavenworth-Blue River route. 

‘‘(V) Road to Amazonia. 

‘‘(VI) Union Ferry Route. 

‘‘(VII) Old Wyoming-Nebraska City cutoff. 

‘‘(VIII) Lower Plattsmouth Route. 

‘‘(IX) Lower Bellevue Route. 

‘‘(X) Woodbury cutoff. 

‘‘(XI) Blue Ridge cutoff. 


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‘‘(XII) Westport Road. 

‘‘(XIII) Gum Springs-Fort Leavenworth route. 

‘‘(XIV) Atchison/Independence Creek routes. 

‘‘(XV) Fort Leavenworth-Kansas River route. 

‘‘(XVI) Nebraska City cutoff routes. 

‘‘(XVII) Minersville-Nebraska City Road. 

‘‘(XVIII) Upper Plattsmouth route. 

‘‘(XIX) Upper Bellevue route. 

‘‘(ii) CENTRAL ROUTES.— 

‘‘(I) Cherokee Trail, including splits. 

‘‘(II) Weber Canyon route of Hastings cutoff. 

‘‘(III) Bishop Creek cutoff. 

‘‘(IV) McAuley cutoff. 

‘‘(V) Diamond Springs cutoff. 

‘‘(VI) Secret Pass. 

‘‘(VII) Greenhorn cutoff. 

‘‘(VIII) Central Overland Trail. 

‘‘(iii) WESTERN ROUTES.— 

‘‘(I) Bidwell-Bartleson route. 

‘‘(II) Georgetown/Dagget Pass Trail. 

‘‘(III) Big Trees Road. 

‘‘(IV) Grizzly Flat cutoff. 

‘‘(V) Nevada City Road. 

‘‘(VI) Yreka Trail. 

‘‘(VII) Henness Pass route. 

‘‘(VIII) Johnson cutoff. 

‘‘(IX) Luther Pass Trail. 

‘‘(X) Volcano Road. 

‘‘(XI) Sacramento-Coloma Wagon Road. 

‘‘(XII) Burnett cutoff. 

‘‘(XIII) Placer County Road to Auburn. 

‘‘(6) MORMON PIONEER NATIONAL HISTORIC TRAIL.— 

‘‘(A) STUDY REQUIRED.—The Secretary of the Interior 

shall undertake a study of the routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally 

depicted in the map entitled ‘Western Emigrant Trails 

1830/1870’ and dated 1991/1993, and of such other routes 

of the Mormon Pioneer Trail that the Secretary considers 

appropriate, to determine the feasibility and suitability 

of designation of 1 or more of the routes as components 

of the Mormon Pioneer National Historic Trail. 

‘‘(B) COVERED ROUTES.—The routes to be studied under 

subparagraph (A) shall include the following: 

‘‘(i) 1846 Subsequent routes A and B (Lucas and 

Clarke Counties, Iowa). 

‘‘(ii) 1856–57 Handcart route (Iowa City to Council 

Bluffs). 

‘‘(iii) Keokuk route (Iowa). 

‘‘(iv) 1847 Alternative Elkhorn and Loup River 

Crossings in Nebraska. 

‘‘(v) Fort Leavenworth Road; Ox Bow route and 

alternates in Kansas and Missouri (Oregon and California Trail routes used by Mormon emigrants). 

‘‘(vi) 1850 Golden Pass Road in Utah. 

‘‘(7) SHARED CALIFORNIA AND OREGON TRAIL ROUTES.— 


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123 STAT. 1164 PUBLIC LAW 111–11—MAR. 30, 2009 

‘‘(A) STUDY REQUIRED.—The Secretary of the Interior 

shall undertake a study of the shared routes of the California Trail and Oregon Trail listed in subparagraph (B) 

and generally depicted on the map entitled ‘Western 

Emigrant Trails 1830/1870’ and dated 1991/1993, and of 

such other shared routes that the Secretary considers 

appropriate, to determine the feasibility and suitability 

of designation of 1 or more of the routes as shared components of the California National Historic Trail and the 

Oregon National Historic Trail. 

‘‘(B) COVERED ROUTES.—The routes to be studied under 

subparagraph (A) shall include the following: 

‘‘(i) St. Joe Road. 

‘‘(ii) Council Bluffs Road. 

‘‘(iii) Sublette cutoff. 

‘‘(iv) Applegate route. 

‘‘(v) Old Fort Kearny Road (Oxbow Trail). 

‘‘(vi) Childs cutoff. 

‘‘(vii) Raft River to Applegate.’’. 

SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES. 

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

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

‘‘(44) CHISHOLM TRAIL.— 

‘‘(A) IN GENERAL.—The Chisholm Trail (also known 

as the ‘Abilene Trail’), from the vicinity of San Antonio, 

Texas, segments from the vicinity of Cuero, Texas, to Ft. 

Worth, Texas, Duncan, Oklahoma, alternate segments used 

through Oklahoma, to Enid, Oklahoma, Caldwell, Kansas, 

Wichita, Kansas, Abilene, Kansas, and commonly used segments running to alternative Kansas destinations. 

‘‘(B) REQUIREMENT.—In conducting the study required 

under this paragraph, the Secretary of the Interior shall 

identify the point at which the trail originated south of 

San Antonio, Texas. 

‘‘(45) GREAT WESTERN TRAIL.— 

‘‘(A) IN GENERAL.—The Great Western Trail (also 

known as the ‘Dodge City Trail’), from the vicinity of San 

Antonio, Texas, north-by-northwest through the vicinities 

of Kerrville and Menard, Texas, north-by-northeast through 

the vicinities of Coleman and Albany, Texas, north through 

the vicinity of Vernon, Texas, to Doan’s Crossing, Texas, 

northward through or near the vicinities of Altus, Lone 

Wolf, Canute, Vici, and May, Oklahoma, north through 

Kansas to Dodge City, and north through Nebraska to 

Ogallala. 

‘‘(B) REQUIREMENT.—In conducting the study required 

under this paragraph, the Secretary of the Interior shall 

identify the point at which the trail originated south of 

San Antonio, Texas.’’. 

Subtitle E—Effect of Title 

SEC. 5401. EFFECT. 

(a) EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES.—Nothing 

in this title shall be construed as affecting access for recreational 

16 USC 1244 

note. 


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activities otherwise allowed by law or regulation, including hunting, 

fishing, or trapping. 

(b) EFFECT ON STATE AUTHORITY.—Nothing in this title shall 

be construed as affecting the authority, jurisdiction, or responsibility 

of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, and trapping. 

TITLE VI—DEPARTMENT OF THE 

INTERIOR AUTHORIZATIONS 

Subtitle A—Cooperative Watershed 

Management Program 

SEC. 6001. DEFINITIONS. 

In this subtitle: 

(1) AFFECTED STAKEHOLDER.—The term ‘‘affected stakeholder’’ means an entity that significantly affects, or is significantly affected by, the quality or quantity of water in a watershed, as determined by the Secretary. 

(2) GRANT RECIPIENT.—The term ‘‘grant recipient’’ means 

a watershed group that the Secretary has selected to receive 

a grant under section 6002(c)(2). 

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

Watershed Management Program established by the Secretary 

under section 6002(a). 

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

of the Interior. 

(5) WATERSHED GROUP.—The term ‘‘watershed group’’ 

means a self-sustaining, cooperative watershed-wide group 

that— 

(A) is comprised of representatives of the affected 

stakeholders of the relevant watershed; 

(B) incorporates the perspectives of a diverse array 

of stakeholders, including, to the maximum extent practicable— 

(i) representatives of— 

(I) hydroelectric production; 

(II) livestock grazing; 

(III) timber production; 

(IV) land development; 

(V) recreation or tourism; 

(VI) irrigated agricultural production; 

(VII) the environment; 

(VIII) potable water purveyors and industrial 

water users; and 

(IX) private property owners within the watershed; 

(ii) any Federal agency that has authority with 

respect to the watershed; 

(iii) any State agency that has authority with 

respect to the watershed; 

(iv) any local agency that has authority with 

respect to the watershed; and 

(v) any Indian tribe that— 

16 USC 1015. 


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(I) owns land within the watershed; or 

(II) has land in the watershed that is held 

in trust; 

(C) is a grassroots, nonregulatory entity that addresses 

water availability and quality issues within the relevant 

watershed; 

(D) is capable of promoting the sustainable use of 

the water resources of the relevant watershed and 

improving the functioning condition of rivers and streams 

through— 

(i) water conservation; 

(ii) improved water quality; 

(iii) ecological resiliency; and 

(iv) the reduction of water conflicts; and 

(E) makes decisions on a consensus basis, as defined 

in the bylaws of the watershed group. 

(6) WATERSHED MANAGEMENT PROJECT.—The term ‘‘watershed management project’’ means any project (including a demonstration project) that— 

(A) enhances water conservation, including alternative 

water uses; 

(B) improves water quality; 

(C) improves ecological resiliency of a river or stream; 

(D) reduces the potential for water conflicts; or 

(E) advances any other goals associated with water 

quality or quantity that the Secretary determines to be 

appropriate. 

SEC. 6002. PROGRAM. 

(a) ESTABLISHMENT.—Not later than 180 days after the date 

of enactment of this Act, the Secretary shall establish a program, 

to be known as the ‘‘Cooperative Watershed Management Program’’, 

under which the Secretary shall provide grants— 

(1)(A) to form a watershed group; or 

(B) to enlarge a watershed group; and 

(2) to conduct 1 or more projects in accordance with the 

goals of a watershed group. 

(b) APPLICATION.— 

(1) ESTABLISHMENT OF APPLICATION PROCESS; CRITERIA.— 

Not later than 1 year after the date of enactment of this 

Act, the Secretary shall establish— 

(A) an application process for the program; and 

(B) in consultation with the States, prioritization and 

eligibility criteria for considering applications submitted 

in accordance with the application process. 

(c) DISTRIBUTION OF GRANT FUNDS.— 

(1) IN GENERAL.—In distributing grant funds under this 

section, the Secretary— 

(A) shall comply with paragraph (2); and 

(B) may give priority to watershed groups that— 

(i) represent maximum diversity of interests; or 

(ii) serve subbasin-sized watersheds with an 8- 

digit hydrologic unit code, as defined by the United 

States Geological Survey. 

(2) FUNDING PROCEDURE.— 

(A) FIRST PHASE.— 

Deadline. 

Deadline. 

Grants. 

16 USC 1015a. 


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(i) IN GENERAL.—The Secretary may provide to 

a grant recipient a first-phase grant in an amount 

not greater than $100,000 each year for a period of 

not more than 3 years. 

(ii) MANDATORY USE OF FUNDS.—A grant recipient 

that receives a first-phase grant shall use the funds— 

(I) to establish or enlarge a watershed group; 

(II) to develop a mission statement for the 

watershed group; 

(III) to develop project concepts; and 

(IV) to develop a restoration plan. 

(iii) ANNUAL DETERMINATION OF ELIGIBILITY.— (I) DETERMINATION.—For each year of a firstphase grant, not later than 270 days after the 

date on which a grant recipient first receives grant 

funds for the year, the Secretary shall determine 

whether the grant recipient has made sufficient 

progress during the year to justify additional 

funding. 

(II) EFFECT OF DETERMINATION.—If the Secretary determines under subclause (I) that the 

progress of a grant recipient during the year covered by the determination justifies additional 

funding, the Secretary shall provide to the grant 

recipient grant funds for the following year. 

(iv) ADVANCEMENT CONDITIONS.—A grant recipient 

shall not be eligible to receive a second-phase grant 

under subparagraph (B) until the date on which the 

Secretary determines that the watershed group— 

(I) has approved articles of incorporation and 

bylaws governing the organization; and 

(II)(aa) holds regular meetings; 

(bb) has completed a mission statement; and 

(cc) has developed a restoration plan and 

project concepts for the watershed. 

(v) EXCEPTION.—A watershed group that has not 

applied for or received first-phase grants may apply 

for and receive second-phase grants under subparagraph (B) if the Secretary determines that the group 

has satisfied the requirements of first-phase grants. 

(B) SECOND PHASE.— 

(i) IN GENERAL.—A watershed group may apply 

for and receive second-phase grants of $1,000,000 each 

year for a period of not more than 4 years if— 

(I) the watershed group has applied for and 

received watershed grants under subparagraph 

(A); or 

(II) the Secretary determines that the watershed group has satisfied the requirements of firstphase grants. 

(ii) MANDATORY USE OF FUNDS.—A grant recipient 

that receives a second-phase grant shall use the funds 

to plan and carry out watershed management projects. 

(iii) ANNUAL DETERMINATION OF ELIGIBILITY.— 

(I) DETERMINATION.—For each year of the 

second-phase grant, not later than 270 days after 

the date on which a grant recipient first receives 

Deadline. 

Deadline. 


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123 STAT. 1168 PUBLIC LAW 111–11—MAR. 30, 2009 

grant funds for the year, the Secretary shall determine whether the grant recipient has made sufficient progress during the year to justify additional 

funding. 

(II) EFFECT OF DETERMINATION.—If the Secretary determines under subclause (I) that the 

progress of a grant recipient during the year justifies additional funding, the Secretary shall provide 

to the grant recipient grant funds for the following 

year. 

(iv) ADVANCEMENT CONDITION.—A grant recipient 

shall not be eligible to receive a third-phase grant 

under subparagraph (C) until the date on which the 

Secretary determines that the grant recipient has— 

(I) completed each requirement of the secondphase grant; and 

(II) demonstrated that 1 or more pilot projects 

of the grant recipient have resulted in demonstrable improvements, as determined by the Secretary, in the functioning condition of at least 1 

river or stream in the watershed. 

(C) THIRD PHASE.— 

(i) FUNDING LIMITATION.— 

(I) IN GENERAL.—Except as provided in subclause (II), the Secretary may provide to a grant 

recipient a third-phase grant in an amount not 

greater than $5,000,000 for a period of not more 

than 5 years. 

(II) EXCEPTION.—The Secretary may provide 

to a grant recipient a third-phase grant in an 

amount that is greater than the amount described 

in subclause (I) if the Secretary determines that 

the grant recipient is capable of using the additional amount to further the purposes of the program in a way that could not otherwise be achieved 

by the grant recipient using the amount described 

in subclause (I). 

(ii) MANDATORY USE OF FUNDS.—A grant recipient 

that receives a third-phase grant shall use the funds 

to plan and carry out at least 1 watershed management 

project. 

(3) AUTHORIZING USE OF FUNDS FOR ADMINISTRATIVE AND

OTHER COSTS.—A grant recipient that receives a grant under 

this section may use the funds— 

(A) to pay for— 

(i) administrative and coordination costs, if the 

costs are not greater than the lesser of— 

(I) 20 percent of the total amount of the grant; 

or 

(II) $100,000; 

(ii) the salary of not more than 1 full-time 

employee of the watershed group; and 

(iii) any legal fees arising from the establishment 

of the relevant watershed group; and 

(B) to fund— 

(i) water quality and quantity studies of the relevant watershed; and 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1169 

(ii) the planning, design, and implementation of 

any projects relating to water quality or quantity. 

(d) COST SHARE.— 

(1) PLANNING.—The Federal share of the cost of an activity 

provided assistance through a first-phase grant shall be 100 

percent. 

(2) PROJECTS CARRIED OUT UNDER SECOND PHASE.— 

(A) IN GENERAL.—The Federal share of the cost of 

any activity of a watershed management project provided 

assistance through a second-phase grant shall not exceed 

50 percent of the total cost of the activity. 

(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 

share under subparagraph (A) may be in the form of inkind contributions. 

(3) PROJECTS CARRIED OUT UNDER THIRD PHASE.— 

(A) IN GENERAL.—The Federal share of the costs of 

any activity of a watershed group of a grant recipient 

relating to a watershed management project provided 

assistance through a third-phase grant shall not exceed 

50 percent of the total costs of the watershed management 

project. 

(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 

share under subparagraph (A) may be in the form of inkind contributions. 

(e) ANNUAL REPORTS.— 

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

on which a grant recipient first receives funds under this section, and annually thereafter, in accordance with paragraph 

(2), the watershed group shall submit to the Secretary a report 

that describes the progress of the watershed group. 

(2) REQUIRED DEGREE OF DETAIL.—The contents of an 

annual report required under paragraph (1) shall contain sufficient information to enable the Secretary to complete each 

report required under subsection (f), as determined by the 

Secretary. 

(f) REPORT.—Not later than 5 years after the date of enactment 

of this Act, and every 5 years thereafter, the Secretary shall submit 

to the Committee on Energy and Natural Resources of the Senate 

and the Committee on Natural Resources of the House of Representatives a report that describes— 

(1) the ways in which the program assists the Secretary— 

(A) in addressing water conflicts; 

(B) in conserving water; 

(C) in improving water quality; and 

(D) in improving the ecological resiliency of a river 

or stream; and 

(2) benefits that the program provides, including, to the 

maximum extent practicable, a quantitative analysis of economic, social, and environmental benefits. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

(1) $2,000,000 for each of fiscal years 2008 and 2009; 

(2) $5,000,000 for fiscal year 2010; 

(3) $10,000,000 for fiscal year 2011; and 

(4) $20,000,000 for each of fiscal years 2012 through 2020. 


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123 STAT. 1170 PUBLIC LAW 111–11—MAR. 30, 2009 

SEC. 6003. EFFECT OF SUBTITLE. 

Nothing in this subtitle affects the applicability of any Federal, 

State, or local law with respect to any watershed group. 

Subtitle B—Competitive Status for Federal 

Employees in Alaska 

SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES 

IN THE STATE OF ALASKA. 

Section 1308 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3198) is amended by adding at the end the 

following: 

‘‘(e) COMPETITIVE STATUS.— ‘‘(1) IN GENERAL.—Nothing in subsection (a) provides that 

any person hired pursuant to the program established under 

that subsection is not eligible for competitive status in the 

same manner as any other employee hired as part of the 

competitive service. 

‘‘(2) REDESIGNATION OF CERTAIN POSITIONS.— 

‘‘(A) PERSONS SERVING IN ORIGINAL POSITIONS.—Not 

later than 60 days after the date of enactment of this 

subsection, with respect to any person hired into a permanent position pursuant to the program established under 

subsection (a) who is serving in that position as of the 

date of enactment of this subsection, the Secretary shall 

redesignate that position and the person serving in that 

position as having been part of the competitive service 

as of the date that the person was hired into that position. 

‘‘(B) PERSONS NO LONGER SERVING IN ORIGINAL POSITIONS.—With respect to any person who was hired pursuant 

to the program established under subsection (a) that is 

no longer serving in that position as of the date of enactment of this subsection— 

‘‘(i) the person may provide to the Secretary a 

request for redesignation of the service as part of the 

competitive service that includes evidence of the 

employment; and 

‘‘(ii) not later than 90 days of the submission of 

a request under clause (i), the Secretary shall redesignate the service of the person as being part of the 

competitive service.’’. 

Subtitle C—Wolf Livestock Loss 

Demonstration Project 

SEC. 6201. DEFINITIONS. 

In this subtitle: 

(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b). 

(2) LIVESTOCK.—The term ‘‘livestock’’ means cattle, swine, 

horses, mules, sheep, goats, livestock guard animals, and other 

domestic animals, as determined by the Secretary. 

7 USC 426 note. 

Deadlines. 

16 USC 1015b. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1171 

(3) PROGRAM.—The term ‘‘program’’ means the demonstration program established under section 6202(a). 

(4) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agriculture, acting 

jointly. 

SEC. 6202. WOLF COMPENSATION AND PREVENTION PROGRAM. 

(a) IN GENERAL.—The Secretaries shall establish a 5-year demonstration program to provide grants to States and Indian tribes— 

(1) to assist livestock producers in undertaking proactive, 

non-lethal activities to reduce the risk of livestock loss due 

to predation by wolves; and 

(2) to compensate livestock producers for livestock losses 

due to such predation. 

(b) CRITERIA AND REQUIREMENTS.—The Secretaries shall— 

(1) establish criteria and requirements to implement the 

program; and 

(2) when promulgating regulations to implement the program under paragraph (1), consult with States that have implemented State programs that provide assistance to— 

(A) livestock producers to undertake proactive activities 

to reduce the risk of livestock loss due to predation by 

wolves; or 

(B) provide compensation to livestock producers for 

livestock losses due to such predation. 

(c) ELIGIBILITY.—To be eligible to receive a grant under subsection (a), a State or Indian tribe shall— 

(1) designate an appropriate agency of the State or Indian 

tribe to administer the 1 or more programs funded by the 

grant; 

(2) establish 1 or more accounts to receive grant funds; 

(3) maintain files of all claims received under programs 

funded by the grant, including supporting documentation; 

(4) submit to the Secretary— 

(A) annual reports that include— 

(i) a summary of claims and expenditures under 

the program during the year; and 

(ii) a description of any action taken on the claims; 

and 

(B) such other reports as the Secretary may require 

to assist the Secretary in determining the effectiveness 

of activities provided assistance under this section; and 

(5) promulgate rules for reimbursing livestock producers 

under the program. 

(d) ALLOCATION OF FUNDING.—The Secretaries shall allocate 

funding made available to carry out this subtitle— 

(1) equally between the uses identified in paragraphs (1) 

and (2) of subsection (a); and 

(2) among States and Indian tribes based on— 

(A) the level of livestock predation in the State or 

on the land owned by, or held in trust for the benefit 

of, the Indian tribe; 

(B) whether the State or Indian tribe is located in 

a geographical area that is at high risk for livestock predation; or 

(C) any other factors that the Secretaries determine 

are appropriate. 

Regulations. 

Reports. 

Records. 

Consultation. 

Grants. 


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123 STAT. 1172 PUBLIC LAW 111–11—MAR. 30, 2009 

(e) ELIGIBLE LAND.—Activities and losses described in subsection (a) may occur on Federal, State, or private land, or land 

owned by, or held in trust for the benefit of, an Indian tribe. 

(f) FEDERAL COST SHARE.—The Federal share of the cost of 

any activity provided assistance made available under this subtitle 

shall not exceed 50 percent of the total cost of the activity. 

SEC. 6203. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to carry out this subtitle 

$1,000,000 for fiscal year 2009 and each fiscal year thereafter. 

Subtitle D—Paleontological Resources 

Preservation 

SEC. 6301. DEFINITIONS. 

In this subtitle: 

(1) CASUAL COLLECTING.—The term ‘‘casual collecting’’ 

means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial 

personal use, either by surface collection or the use of nonpowered hand tools resulting in only negligible disturbance 

to the Earth’s surface and other resources. As used in this 

paragraph, the terms ‘‘reasonable amount’’, ‘‘common invertebrate and plant paleontological resources’’ and ‘‘negligible 

disturbance’’ shall be determined by the Secretary. 

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

(A) land controlled or administered by the Secretary 

of the Interior, except Indian land; or 

(B) National Forest System land controlled or administered by the Secretary of Agriculture. 

(3) INDIAN LAND.—The term ‘‘Indian Land’’ means land 

of Indian tribes, or Indian individuals, which are either held 

in trust by the United States or subject to a restriction against 

alienation imposed by the United States. 

(4) PALEONTOLOGICAL RESOURCE.—The term ‘‘paleontological resource’’ means any fossilized remains, traces, or imprints 

of organisms, preserved in or on the earth’s crust, that are 

of paleontological interest and that provide information about 

the history of life on earth, except that the term does not 

include— 

(A) any materials associated with an archaeological 

resource (as defined in section 3(1) of the Archaeological 

Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or 

(B) any cultural item (as defined in section 2 of the 

Native American Graves Protection and Repatriation Act 

(25 U.S.C. 3001)). 

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

of the Interior with respect to land controlled or administered 

by the Secretary of the Interior or the Secretary of Agriculture 

with respect to National Forest System land controlled or 

administered by the Secretary of Agriculture. 

(6) STATE.—The term ‘‘State’’ means the 50 States, the 

District of Columbia, the Commonwealth of Puerto Rico, and 

any other territory or possession of the United States. 

16 USC 470aaa. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1173 

SEC. 6302. MANAGEMENT. 

(a) IN GENERAL.—The Secretary shall manage and protect 

paleontological resources on Federal land using scientific principles 

and expertise. The Secretary shall develop appropriate plans for 

inventory, monitoring, and the scientific and educational use of 

paleontological resources, in accordance with applicable agency 

laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with 

non-Federal partners, the scientific community, and the general 

public. 

(b) COORDINATION.—To the extent possible, the Secretary of 

the Interior and the Secretary of Agriculture shall coordinate in 

the implementation of this subtitle. 

SEC. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM. 

The Secretary shall establish a program to increase public 

awareness about the significance of paleontological resources. 

SEC. 6304. COLLECTION OF PALEONTOLOGICAL RESOURCES. 

(a) PERMIT REQUIREMENT.— 

(1) IN GENERAL.—Except as provided in this subtitle, a 

paleontological resource may not be collected from Federal land 

without a permit issued under this subtitle by the Secretary. 

(2) CASUAL COLLECTING EXCEPTION.—The Secretary shall 

allow casual collecting without a permit on Federal land controlled or administered by the Bureau of Land Management, 

the Bureau of Reclamation, and the Forest Service, where 

such collection is consistent with the laws governing the 

management of those Federal land and this subtitle. 

(3) PREVIOUS PERMIT EXCEPTION.—Nothing in this section 

shall affect a valid permit issued prior to the date of enactment 

of this Act. 

(b) CRITERIA FOR ISSUANCE OF A PERMIT.—The Secretary may 

issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that— 

(1) the applicant is qualified to carry out the permitted 

activity; 

(2) the permitted activity is undertaken for the purpose 

of furthering paleontological knowledge or for public education; 

(3) the permitted activity is consistent with any management plan applicable to the Federal land concerned; and 

(4) the proposed methods of collecting will not threaten 

significant natural or cultural resources. 

(c) PERMIT SPECIFICATIONS.—A permit for the collection of a 

paleontological resource issued under this section shall contain 

such terms and conditions as the Secretary deems necessary to 

carry out the purposes of this subtitle. Every permit shall include 

requirements that— 

(1) the paleontological resource that is collected from Federal land under the permit will remain the property of the 

United States; 

(2) the paleontological resource and copies of associated 

records will be preserved for the public in an approved repository, to be made available for scientific research and public 

education; and 

16 USC 

470aaa–3. 

16 USC 

470aaa–2. 

Plans. 

16 USC 

470aaa–1. 


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123 STAT. 1174 PUBLIC LAW 111–11—MAR. 30, 2009 

(3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary. 

(d) MODIFICATION, SUSPENSION, AND REVOCATION OF PERMITS.— 

(1) The Secretary may modify, suspend, or revoke a permit 

issued under this section— 

(A) for resource, safety, or other management considerations; or 

(B) when there is a violation of term or condition 

of a permit issued pursuant to this section. 

(2) The permit shall be revoked if any person working 

under the authority of the permit is convicted under section 

6306 or is assessed a civil penalty under section 6307. 

(e) AREA CLOSURES.—In order to protect paleontological or other 

resources or to provide for public safety, the Secretary may restrict 

access to or close areas under the Secretary’s jurisdiction to the 

collection of paleontological resources. 

SEC. 6305. CURATION OF RESOURCES. 

Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited 

in an approved repository. The Secretary may enter into agreements 

with non-Federal repositories regarding the curation of these 

resources, data, and records. 

SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES. 

(a) IN GENERAL.—A person may not— 

(1) excavate, remove, damage, or otherwise alter or deface 

or attempt to excavate, remove, damage, or otherwise alter 

or deface any paleontological resources located on Federal land 

unless such activity is conducted in accordance with this subtitle; 

(2) exchange, transport, export, receive, or offer to 

exchange, transport, export, or receive any paleontological 

resource if the person knew or should have known such resource 

to have been excavated or removed from Federal land in violation of any provisions, rule, regulation, law, ordinance, or 

permit in effect under Federal law, including this subtitle; 

or 

(3) sell or purchase or offer to sell or purchase any paleontological resource if the person knew or should have known 

such resource to have been excavated, removed, sold, purchased, 

exchanged, transported, or received from Federal land. 

(b) FALSE LABELING OFFENSES.—A person may not make or 

submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from 

Federal land. 

(c) PENALTIES.—A person who knowingly violates or counsels, 

procures, solicits, or employs another person to violate subsection 

(a) or (b) shall, upon conviction, be fined in accordance with title 

18, United States Code, or imprisoned not more than 5 years, 

or both; but if the sum of the commercial and paleontological 

value of the paleontological resources involved and the cost of 

restoration and repair of such resources does not exceed $500, 

such person shall be fined in accordance with title 18, United 

States Code, or imprisoned not more than 2 years, or both. 

16 USC 

470aaa–5. 

16 USC 

470aaa–4. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1175 

(d) MULTIPLE OFFENSES.—In the case of a second or subsequent 

violation by the same person, the amount of the penalty assessed 

under subsection (c) may be doubled. 

(e) GENERAL EXCEPTION.—Nothing in subsection (a) shall apply 

to any person with respect to any paleontological resource which 

was in the lawful possession of such person prior to the date 

of enactment of this Act. 

SEC. 6307. CIVIL PENALTIES. 

(a) IN GENERAL.— (1) HEARING.—A person who violates any prohibition contained in an applicable regulation or permit issued under this 

subtitle may be assessed a penalty by the Secretary after the 

person is given notice and opportunity for a hearing with 

respect to the violation. Each violation shall be considered 

a separate offense for purposes of this section. 

(2) AMOUNT OF PENALTY.—The amount of such penalty 

assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this subtitle, taking into account 

the following factors: 

(A) The scientific or fair market value, whichever is 

greater, of the paleontological resource involved, as determined by the Secretary. 

(B) The cost of response, restoration, and repair of 

the resource and the paleontological site involved. 

(C) Any other factors considered relevant by the Secretary assessing the penalty. 

(3) MULTIPLE OFFENSES.—In the case of a second or subsequent violation by the same person, the amount of a penalty 

assessed under paragraph (2) may be doubled. 

(4) LIMITATION.—The amount of any penalty assessed 

under this subsection for any 1 violation shall not exceed an 

amount equal to double the cost of response, restoration, and 

repair of resources and paleontological site damage plus double 

the scientific or fair market value of resources destroyed or 

not recovered. 

(b) PETITION FOR JUDICIAL REVIEW; COLLECTION OF UNPAID

ASSESSMENTS.— 

(1) JUDICIAL REVIEW.—Any person against whom an order 

is issued assessing a penalty under subsection (a) may file 

a petition for judicial review of the order in the United States 

District Court for the District of Columbia or in the district 

in which the violation is alleged to have occurred within the 

30-day period beginning on the date the order making the 

assessment was issued. Upon notice of such filing, the Secretary 

shall promptly file such a certified copy of the record on which 

the order was issued. The court shall hear the action on the 

record made before the Secretary and shall sustain the action 

if it is supported by substantial evidence on the record considered as a whole. 

(2) FAILURE TO PAY.—If any person fails to pay a penalty 

under this section within 30 days— 

(A) after the order making assessment has become 

final and the person has not filed a petition for judicial 

review of the order in accordance with paragraph (1); or 

(B) after a court in an action brought in paragraph 

(1) has entered a final judgment upholding the assessment 

Records. 

Deadlines. 

Regulations. 

Notification. 

16 USC 

470aaa–6. 


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123 STAT. 1176 PUBLIC LAW 111–11—MAR. 30, 2009 

of the penalty, the Secretary may request the Attorney 

General to institute a civil action in a district court of 

the United States for any district in which the person 

if found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the 

date of the final order or the date of the final judgment, 

as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, 

the validity, amount, and appropriateness of such penalty 

shall not be subject to review. Any person who fails to 

pay on a timely basis the amount of an assessment of 

a civil penalty as described in the first sentence of this 

paragraph shall be required to pay, in addition to such 

amount and interest, attorneys fees and costs for collection 

proceedings. 

(c) HEARINGS.—Hearings held during proceedings instituted 

under subsection (a) shall be conducted in accordance with section 

554 of title 5, United States Code. 

(d) USE OF RECOVERED AMOUNTS.—Penalties collected under 

this section shall be available to the Secretary and without further 

appropriation may be used only as follows: 

(1) To protect, restore, or repair the paleontological 

resources and sites which were the subject of the action, and 

to protect, monitor, and study the resources and sites. 

(2) To provide educational materials to the public about 

paleontological resources and sites. 

(3) To provide for the payment of rewards as provided 

in section 6308. 

SEC. 6308. REWARDS AND FORFEITURE. 

(a) REWARDS.—The Secretary may pay from penalties collected 

under section 6306 or 6307 or from appropriated funds— 

(1) consistent with amounts established in regulations by 

the Secretary; or 

(2) if no such regulation exists, an amount up to 1⁄2 of 

the penalties, to any person who furnishes information which 

leads to the finding of a civil violation, or the conviction of 

criminal violation, with respect to which the penalty was paid. 

If several persons provided the information, the amount shall 

be divided among the persons. No officer or employee of the 

United States or of any State or local government who furnishes 

information or renders service in the performance of his official 

duties shall be eligible for payment under this subsection. 

(b) FORFEITURE.—All paleontological resources with respect to 

which a violation under section 6306 or 6307 occurred and which 

are in the possession of any person, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture. 

(c) TRANSFER OF SEIZED RESOURCES.—The Secretary may 

transfer administration of seized paleontological resources to Federal or non-Federal educational institutions to be used for scientific 

or educational purposes. 

SEC. 6309. CONFIDENTIALITY. 

Information concerning the nature and specific location of a 

paleontological resource shall be exempt from disclosure under section 552 of title 5, United States Code, and any other law unless 

the Secretary determines that disclosure would— 

(1) further the purposes of this subtitle; 

16 USC 

470aaa–8. 

16 USC 

470aaa–7. 


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(2) not create risk of harm to or theft or destruction of 

the resource or the site containing the resource; and 

(3) be in accordance with other applicable laws. 

SEC. 6310. REGULATIONS. 

As soon as practical after the date of enactment of this Act, 

the Secretary shall issue such regulations as are appropriate to 

carry out this subtitle, providing opportunities for public notice 

and comment. 

SEC. 6311. SAVINGS PROVISIONS. 

Nothing in this subtitle shall be construed to— 

(1) invalidate, modify, or impose any additional restrictions 

or permitting requirements on any activities permitted at any 

time under the general mining laws, the mineral or geothermal 

leasing laws, laws providing for minerals materials disposal, 

or laws providing for the management or regulation of the 

activities authorized by the aforementioned laws including but 

not limited to the Federal Land Policy Management Act (43 

U.S.C. 1701–1784), Public Law 94–429 (commonly known as 

the ‘‘Mining in the Parks Act’’) (16 U.S.C. 1901 et seq.), the 

Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 

1201–1358), and the Organic Administration Act (16 U.S.C. 

478, 482, 551); 

(2) invalidate, modify, or impose any additional restrictions 

or permitting requirements on any activities permitted at any 

time under existing laws and authorities relating to reclamation 

and multiple uses of Federal land; 

(3) apply to, or require a permit for, casual collecting of 

a rock, mineral, or invertebrate or plant fossil that is not 

protected under this subtitle; 

(4) affect any land other than Federal land or affect the 

lawful recovery, collection, or sale of paleontological resources 

from land other than Federal land; 

(5) alter or diminish the authority of a Federal agency 

under any other law to provide protection for paleontological 

resources on Federal land in addition to the protection provided 

under this subtitle; or 

(6) create any right, privilege, benefit, or entitlement for 

any person who is not an officer or employee of the United 

States acting in that capacity. No person who is not an officer 

or employee of the United States acting in that capacity shall 

have standing to file any civil action in a court of the United 

States to enforce any provision or amendment made by this 

subtitle. 

SEC. 6312. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 

be necessary to carry out this subtitle. 

Subtitle E—Izembek National Wildlife 

Refuge Land Exchange 

SEC. 6401. DEFINITIONS. 

In this subtitle: 

Alaska. 

16 USC 668dd 

note. 

16 USC 

470aaa–11. 

16 USC 

470aaa–10. 

Notice. 

Public comment. 

16 USC 

470aaa–9. 


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123 STAT. 1178 PUBLIC LAW 111–11—MAR. 30, 2009 

(1) CORPORATION.—The term ‘‘Corporation’’ means the King 

Cove Corporation. 

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

(A) the approximately 206 acres of Federal land located 

within the Refuge, as generally depicted on the map; and 

(B) the approximately 1,600 acres of Federal land 

located on Sitkinak Island, as generally depicted on the 

map. 

(3) MAP.—The term ‘‘map’’ means each of— 

(A) the map entitled ‘‘Izembek and Alaska Peninsula 

National Wildlife Refuges’’ and dated September 2, 2008; 

and 

(B) the map entitled ‘‘Sitkinak Island–Alaska Maritime 

National Wildlife Refuge’’ and dated September 2, 2008. 

(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means— 

(A) the approximately 43,093 acres of land owned by 

the State, as generally depicted on the map; and 

(B) the approximately 13,300 acres of land owned by 

the Corporation (including approximately 5,430 acres of 

land for which the Corporation shall relinquish the selection rights of the Corporation under the Alaska Native 

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

of the land exchange under section 6402(a)), as generally 

depicted on the map. 

(5) REFUGE.—The term ‘‘Refuge’’ means the Izembek 

National Wildlife Refuge. 

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

of the Interior. 

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

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

of King Cove, Alaska. 

SEC. 6402. LAND EXCHANGE. 

(a) IN GENERAL.—Upon receipt of notification by the State 

and the Corporation of the intention of the State and the Corporation to exchange the non-Federal land for the Federal land, subject 

to the conditions and requirements described in this subtitle, the 

Secretary may convey to the State all right, title, and interest 

of the United States in and to the Federal land. The Federal 

land within the Refuge shall be transferred for the purpose of 

constructing a single-lane gravel road between the communities 

of King Cove and Cold Bay, Alaska. 

(b) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT

OF 1969 AND OTHER APPLICABLE LAWS.— 

(1) IN GENERAL.—In determining whether to carry out the 

land exchange under subsection (a), the Secretary shall— 

(A) comply with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.); and 

(B) except as provided in subsection (c), comply with 

any other applicable law (including regulations). 

(2) ENVIRONMENTAL IMPACT STATEMENT.— 

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

date on which the Secretary receives notification under 

subsection (a), the Secretary shall initiate the preparation 

of an environmental impact statement required under the 

Deadline. 

Notification. 

King Cove 

Corporation. 


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National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.). 

(B) REQUIREMENTS.—The environmental impact statement prepared under subparagraph (A) shall contain— 

(i) an analysis of— 

(I) the proposed land exchange; and 

(II) the potential construction and operation 

of a road between the communities of King Cove 

and Cold Bay, Alaska; and 

(ii) an evaluation of a specific road corridor through 

the Refuge that is identified in consultation with the 

State, the City of King Cove, Alaska, and the Tribe. 

(3) COOPERATING AGENCIES.— 

(A) IN GENERAL.—During the preparation of the 

environmental impact statement under paragraph (2), each 

entity described in subparagraph (B) may participate as 

a cooperating agency. 

(B) AUTHORIZED ENTITIES.—An authorized entity may 

include— 

(i) any Federal agency that has permitting jurisdiction over the road described in paragraph (2)(B)(i)(II); 

(ii) the State; 

(iii) the Aleutians East Borough of the State; 

(iv) the City of King Cove, Alaska; 

(v) the Tribe; and 

(vi) the Alaska Migratory Bird Co-Management 

Council. 

(c) VALUATION.—The conveyance of the Federal land and nonFederal land under this section shall not be subject to any requirement under any Federal law (including regulations) relating to 

the valuation, appraisal, or equalization of land. 

(d) PUBLIC INTEREST DETERMINATION.— 

(1) CONDITIONS FOR LAND EXCHANGE.—Subject to paragraph (2), to carry out the land exchange under subsection 

(a), the Secretary shall determine that the land exchange 

(including the construction of a road between the City of King 

Cove, Alaska, and the Cold Bay Airport) is in the public 

interest. 

(2) LIMITATION OF AUTHORITY OF SECRETARY.—The Secretary may not, as a condition for a finding that the land 

exchange is in the public interest— 

(A) require the State or the Corporation to convey 

additional land to the United States; or 

(B) impose any restriction on the subsistence uses (as 

defined in section 803 of the Alaska National Interest 

Lands Conservation Act (16 U.S.C. 3113)) of waterfowl 

by rural residents of the State. 

(e) KINZAROFF LAGOON.—The land exchange under subsection 

(a) shall not be carried out before the date on which the parcel 

of land owned by the State that is located in the Kinzaroff Lagoon 

has been designated by the State as a State refuge, in accordance 

with the applicable laws (including regulations) of the State. 

(f) DESIGNATION OF ROAD CORRIDOR.—In designating the road 

corridor described in subsection (b)(2)(B)(ii), the Secretary shall— 

(1) minimize the adverse impact of the road corridor on 

the Refuge; 

Waterfowl. 


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(2) transfer the minimum acreage of Federal land that 

is required for the construction of the road corridor; and 

(3) to the maximum extent practicable, incorporate into 

the road corridor roads that are in existence as of the date 

of enactment of this Act. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The land exchange 

under subsection (a) shall be subject to any other term or condition 

that the Secretary determines to be necessary. 

SEC. 6403. KING COVE ROAD. 

(a) REQUIREMENTS RELATING TO USE, BARRIER CABLES, AND

DIMENSIONS.— (1) LIMITATIONS ON USE.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), any portion of the road constructed on the Federal 

land conveyed pursuant to this subtitle shall be used primarily for health and safety purposes (including access 

to and from the Cold Bay Airport) and only for noncommercial purposes. 

(B) EXCEPTIONS.—Notwithstanding subparagraph (A), 

the use of taxis, commercial vans for public transportation, 

and shared rides (other than organized transportation of 

employees to a business or other commercial facility) shall 

be allowed on the road described in subparagraph (A). 

(C) REQUIREMENT OF AGREEMENT.—The limitations of 

the use of the road described in this paragraph shall be 

enforced in accordance with an agreement entered into 

between the Secretary and the State. 

(2) REQUIREMENT OF BARRIER CABLE.—The road described 

in paragraph (1)(A) shall be constructed to include a cable 

barrier on each side of the road, as described in the record 

of decision entitled ‘‘Mitigation Measure MM–11, King Cove 

Access Project Final Environmental Impact Statement Record 

of Decision’’ and dated January 22, 2004, unless a different 

type barrier is required as a mitigation measure in the Record 

of Decision for Final Environmental Impact Statement required 

in section 6402(b)(2). 

(3) REQUIRED DIMENSIONS AND DESIGN FEATURES.—The 

road described in paragraph (1)(A) shall— 

(A) have a width of not greater than a single lane, 

in accordance with the applicable road standards of the 

State; 

(B) be constructed with gravel; 

(C) be constructed to comply with any specific design 

features identified in the Record of Decision for Final 

Environmental Impact Statement required in section 

6402(b)(2) as Mitigation Measures relative to the passage 

and migration of wildlife, and also the exchange of tidal 

flows, where applicable, in accordance with applicable Federal and State design standards; and 

(D) if determined to be necessary, be constructed to 

include appropriate safety pullouts. 

(b) SUPPORT FACILITIES.—Support facilities for the road 

described in subsection (a)(1)(A) shall not be located within the 

Refuge. 

(c) FEDERAL PERMITS.—It is the intent of Congress that any 

Federal permit required for construction of the road be issued 

Deadline. 


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or denied not later than 1 year after the date of application for 

the permit. 

(d) APPLICABLE LAW.—Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest 

Lands Conservation Act (16 U.S.C. 3170). 

(e) MITIGATION PLAN.— 

(1) IN GENERAL.—Based on the evaluation of impacts determined through the completion of the environmental impact 

statement under section 6402(b)(2), the Secretary, in consultation with the entities described in section 6402(b)(3)(B), shall 

develop an enforceable mitigation plan. 

(2) CORRECTIVE MODIFICATIONS.—The Secretary may make 

corrective modifications to the mitigation plan developed under 

paragraph (1) if— 

(A) the mitigation standards required under the mitigation plan are maintained; and 

(B) the Secretary provides an opportunity for public 

comment with respect to any proposed corrective modification. 

(3) AVOIDANCE OF WILDLIFE IMPACTS.—Road construction 

shall adhere to any specific mitigation measures included in 

the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2) that— 

(A) identify critical periods during the calendar year 

when the refuge is utilized by wildlife, especially migratory 

birds; and 

(B) include specific mandatory strategies to alter, limit 

or halt construction activities during identified high risk 

periods in order to minimize impacts to wildlife, and 

(C) allow for the timely construction of the road. 

(4) MITIGATION OF WETLAND LOSS.—The plan developed 

under this subsection shall comply with section 404 of the 

Federal Water Pollution Control Act (33 U.S.C. 1344) with 

regard to minimizing, to the greatest extent practicable, the 

filling, fragmentation or loss of wetlands, especially intertidal 

wetlands, and shall evaluate mitigating effect of those wetlands 

transferred in Federal ownership under the provisions of this 

subtitle. 

SEC. 6404. ADMINISTRATION OF CONVEYED LANDS. 

(1) FEDERAL LAND.—Upon completion of the land exchange 

under section 6402(a)— 

(A) the boundary of the land designated as wilderness 

within the Refuge shall be modified to exclude the Federal 

land conveyed to the State under the land exchange; and 

(B) the Federal land located on Sitkinak Island that 

is withdrawn for use by the Coast Guard shall, at the 

request of the State, be transferred by the Secretary to 

the State upon the relinquishment or termination of the 

withdrawal. 

(2) NON-FEDERAL LAND.—Upon completion of the land 

exchange under section 6402(a), the non-Federal land conveyed 

to the United States under this subtitle shall be— 

(A) added to the Refuge or the Alaska Peninsula 

National Wildlife Refuge, as appropriate, as generally 

depicted on the map; and 


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(B) administered in accordance with the laws generally 

applicable to units of the National Wildlife Refuge System. 

(3) WILDERNESS ADDITIONS.— (A) IN GENERAL.—Upon completion of the land 

exchange under section 6402(a), approximately 43,093 acres 

of land as generally depicted on the map shall be added 

to— 

(i) the Izembek National Wildlife Refuge Wilderness; or 

(ii) the Alaska Peninsula National Wildlife Refuge 

Wilderness. 

(B) ADMINISTRATION.—The land added as wilderness 

under subparagraph (A) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 

1131 et seq.) and other applicable laws (including regulations). 

SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION. 

(a) NOTIFICATION TO VOID LAND EXCHANGE.—If the Secretary, 

the State, and the Corporation enter into the land exchange authorized under section 6402(a), the State or the Corporation may notify 

the Secretary in writing of the intention of the State or Corporation 

to void the exchange if construction of the road through the Refuge 

has not begun. 

(b) DISPOSITION OF LAND EXCHANGE.—Upon the latter of the 

date on which the Secretary receives a request under subsection 

(a), and the date on which the Secretary determines that the Federal 

land conveyed under the land exchange under section 6402(a) has 

not been adversely impacted (other than any nominal impact associated with the preparation of an environmental impact statement 

under section 6402(b)(2)), the land exchange shall be null and 

void. 

(c) RETURN OF PRIOR OWNERSHIP STATUS OF FEDERAL AND

NON-FEDERAL LAND.—If the land exchange is voided under subsection (b)— 

(1) the Federal land and non-Federal land shall be returned 

to the respective ownership status of each land prior to the 

land exchange; 

(2) the parcel of the Federal land that is located in the 

Refuge shall be managed as part of the Izembek National 

Wildlife Refuge Wilderness; and 

(3) each selection of the Corporation under the Alaska 

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

was relinquished under this subtitle shall be reinstated. 

SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY. 

(a) IN GENERAL.—Any legislative authority for construction of 

a road shall expire at the end of the 7-year period beginning 

on the date of the enactment of this subtitle unless a construction 

permit has been issued during that period. 

(b) EXTENSION OF AUTHORITY.—If a construction permit is 

issued within the allotted period, the 7-year authority shall be 

extended for a period of 5 additional years beginning on the date 

of issuance of the construction permit. 

(c) EXTENSION OF AUTHORITY AS RESULT OF LEGAL CHALLENGES.— 

(1) IN GENERAL.—Prior to the issuance of a construction 

permit, if a lawsuit or administrative appeal is filed challenging 

16 USC 1132 

note. 


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the land exchange or construction of the road (including a 

challenge to the NEPA process, decisions, or any required 

permit process required to complete construction of the road), 

the 7-year deadline or the five-year extension period, as appropriate, shall be extended for a time period equivalent to the 

time consumed by the full adjudication of the legal challenge 

or related administrative process. 

(2) INJUNCTION.—After a construction permit has been 

issued, if a court issues an injunction against construction 

of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to time 

period that the injunction is in effect. 

(d) APPLICABILITY OF SECTION 6405.—Upon the expiration of 

the legislative authority under this section, if a road has not been 

constructed, the land exchange shall be null and void and the 

land ownership shall revert to the respective ownership status 

prior to the land exchange as provided in section 6405. 

TITLE VII—NATIONAL PARK SERVICE 

AUTHORIZATIONS 

Subtitle A—Additions to the National Park 

System 

SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK, 

NEW JERSEY. 

(a) DEFINITIONS.—In this section: 

(1) CITY.—The term ‘‘City’’ means the City of Paterson, 

New Jersey. 

(2) COMMISSION.—The term ‘‘Commission’’ means the 

Paterson Great Falls National Historical Park Advisory 

Commission established by subsection (e)(1). 

(3) HISTORIC DISTRICT.—The term ‘‘Historic District’’ means 

the Great Falls Historic District in the State. 

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

means the management plan for the Park developed under 

subsection (d). 

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

‘‘Paterson Great Falls National Historical Park–Proposed 

Boundary’’, numbered T03/80,001, and dated May 2008. 

(6) PARK.—The term ‘‘Park’’ means the Paterson Great 

Falls National Historical Park established by subsection 

(b)(1)(A). 

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

of the Interior. 

(8) STATE.—The term ‘‘State’’ means the State of New 

Jersey. 

(b) PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.— 

(1) ESTABLISHMENT.— 

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

is established in the State a unit of the National Park 

System to be known as the ‘‘Paterson Great Falls National 

Historical Park’’. 

16 USC 410lll. 


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(B) CONDITIONS FOR ESTABLISHMENT.—The Park shall 

not be established until the date on which the Secretary 

determines that— 

(i)(I) the Secretary has acquired sufficient land 

or an interest in land within the boundary of the 

Park to constitute a manageable unit; or 

(II) the State or City, as appropriate, has entered 

into a written agreement with the Secretary to 

donate— 

(aa) the Great Falls State Park, including 

facilities for Park administration and visitor services; or 

(bb) any portion of the Great Falls State Park 

agreed to between the Secretary and the State 

or City; and 

(ii) the Secretary has entered into a written agreement with the State, City, or other public entity, as 

appropriate, providing that— 

(I) land owned by the State, City, or other 

public entity within the Historic District will be 

managed consistent with this section; and 

(II) future uses of land within the Historic 

District will be compatible with the designation 

of the Park. 

(2) PURPOSE.—The purpose of the Park is to preserve and 

interpret for the benefit of present and future generations certain historical, cultural, and natural resources associated with 

the Historic District. 

(3) BOUNDARIES.—The Park shall include the following 

sites, as generally depicted on the Map: 

(A) The upper, middle, and lower raceways. 

(B) Mary Ellen Kramer (Great Falls) Park and adjacent 

land owned by the City. 

(C) A portion of Upper Raceway Park, including the 

Ivanhoe Wheelhouse and the Society for Establishing Useful Manufactures Gatehouse. 

(D) Overlook Park and adjacent land, including the 

Society for Establishing Useful Manufactures Hydroelectric 

Plant and Administration Building. 

(E) The Allied Textile Printing site, including the Colt 

Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, 

and Todd Mill ruins. 

(F) The Rogers Locomotive Company Erecting Shop, 

including the Paterson Museum. 

(G) The Great Falls Visitor Center. 

(4) AVAILABILITY OF MAP.—The Map shall be on file and 

available for public inspection in the appropriate offices of 

the National Park Service. 

(5) PUBLICATION OF NOTICE.—Not later than 60 days after 

the date on which the conditions in clauses (i) and (ii) of 

paragraph (1)(B) are satisfied, the Secretary shall publish in 

the Federal Register notice of the establishment of the Park, 

including an official boundary map for the Park. 

(c) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary shall administer the Park 

in accordance with— 

(A) this section; and 

Deadline. 

Federal Register, 

publication. 

Contract. 


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(B) the laws generally applicable to units of the 

National Park System, including— 

(i) the National Park Service Organic Act (16 

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

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

et seq.). 

(2) STATE AND LOCAL JURISDICTION.—Nothing in this section enlarges, diminishes, or modifies any authority of the 

State, or any political subdivision of the State (including the 

City)— 

(A) to exercise civil and criminal jurisdiction; or 

(B) to carry out State laws (including regulations) and 

rules on non-Federal land located within the boundary 

of the Park. 

(3) COOPERATIVE AGREEMENTS.— 

(A) IN GENERAL.—As the Secretary determines to be 

appropriate to carry out this section, the Secretary may 

enter into cooperative agreements with the owner of the 

Great Falls Visitor Center or any nationally significant 

properties within the boundary of the Park under which 

the Secretary may identify, interpret, restore, and provide 

technical assistance for the preservation of the properties. 

(B) RIGHT OF ACCESS.—A cooperative agreement 

entered into under subparagraph (A) shall provide that 

the Secretary, acting through the Director of the National 

Park Service, shall have the right of access at all reasonable 

times to all public portions of the property covered by 

the agreement for the purposes of— 

(i) conducting visitors through the properties; and 

(ii) interpreting the properties for the public. 

(C) CHANGES OR ALTERATIONS.—No changes or alterations shall be made to any properties covered by a cooperative agreement entered into under subparagraph (A) unless 

the Secretary and the other party to the agreement agree 

to the changes or alterations. 

(D) CONVERSION, USE, OR DISPOSAL.—Any payment 

made by the Secretary under this paragraph shall be subject to an agreement that the conversion, use, or disposal 

of a project for purposes contrary to the purposes of this 

section, as determined by the Secretary, shall entitle the 

United States to reimbursement in amount equal to the 

greater of— 

(i) the amounts made available to the project by 

the United States; or 

(ii) the portion of the increased value of the project 

attributable to the amounts made available under this 

paragraph, as determined at the time of the conversion, 

use, or, disposal. 

(E) MATCHING FUNDS.— 

(i) IN GENERAL.—As a condition of the receipt of 

funds under this paragraph, the Secretary shall require 

that any Federal funds made available under a 

cooperative agreement shall be matched on a 1-to1 basis by non-Federal funds. 

(ii) FORM.—With the approval of the Secretary, 

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be in the form of donated property, goods, or services 

from a non-Federal source. 

(4) ACQUISITION OF LAND.— 

(A) IN GENERAL.—The Secretary may acquire land or 

interests in land within the boundary of the Park by donation, purchase from a willing seller with donated or appropriated funds, or exchange. 

(B) DONATION OF STATE OWNED LAND.—Land or 

interests in land owned by the State or any political subdivision of the State may only be acquired by donation. 

(5) TECHNICAL ASSISTANCE AND PUBLIC INTERPRETATION.— The Secretary may provide technical assistance and public 

interpretation of related historic and cultural resources within 

the boundary of the Historic District. 

(d) MANAGEMENT PLAN.— (1) IN GENERAL.—Not later than 3 fiscal years after the 

date on which funds are made available to carry out this 

subsection, the Secretary, in consultation with the Commission, 

shall complete a management plan for the Park in accordance 

with— 

(A) section 12(b) of Public Law 91–383 (commonly 

known as the ‘‘National Park Service General Authorities 

Act’’) (16 U.S.C. 1a–7(b)); and 

(B) other applicable laws. 

(2) COST SHARE.—The management plan shall include 

provisions that identify costs to be shared by the Federal 

Government, the State, and the City, and other public or private 

entities or individuals for necessary capital improvements to, 

and maintenance and operations of, the Park. 

(3) SUBMISSION TO CONGRESS.—On completion of the 

management plan, the Secretary shall submit the management 

plan to— 

(A) the Committee on Energy and Natural Resources 

of the Senate; and 

(B) the Committee on Natural Resources of the House 

of Representatives. 

(e) PATERSON GREAT FALLS NATIONAL HISTORICAL PARK

ADVISORY COMMISSION.— 

(1) ESTABLISHMENT.—There is established a commission 

to be known as the ‘‘Paterson Great Falls National Historical 

Park Advisory Commission’’. 

(2) DUTIES.—The duties of the Commission shall be to 

advise the Secretary in the development and implementation 

of the management plan. 

(3) MEMBERSHIP.— 

(A) COMPOSITION.—The Commission shall be composed 

of 9 members, to be appointed by the Secretary, of whom— 

(i) 4 members shall be appointed after consideration of recommendations submitted by the Governor 

of the State; 

(ii) 2 members shall be appointed after consideration of recommendations submitted by the City 

Council of Paterson, New Jersey; 

(iii) 1 member shall be appointed after consideration of recommendations submitted by the Board of 

Chosen Freeholders of Passaic County, New Jersey; 

and 

Deadline. 


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(iv) 2 members shall have experience with national 

parks and historic preservation. 

(B) INITIAL APPOINTMENTS.—The Secretary shall 

appoint the initial members of the Commission not later 

than the earlier of— 

(i) the date that is 30 days after the date on 

which the Secretary has received all of the recommendations for appointments under subparagraph 

(A); or 

(ii) the date that is 30 days after the Park is 

established in accordance with subsection (b). 

(4) TERM; VACANCIES.— 

(A) TERM.— 

(i) IN GENERAL.—A member shall be appointed 

for a term of 3 years. 

(ii) REAPPOINTMENT.—A member may be reappointed for not more than 1 additional term. 

(B) VACANCIES.—A vacancy on the Commission shall 

be filled in the same manner as the original appointment 

was made. 

(5) MEETINGS.—The Commission shall meet at the call 

of— 

(A) the Chairperson; or 

(B) a majority of the members of the Commission. 

(6) QUORUM.—A majority of the Commission shall constitute a quorum. 

(7) CHAIRPERSON AND VICE CHAIRPERSON.— 

(A) IN GENERAL.—The Commission shall select a Chairperson and Vice Chairperson from among the members 

of the Commission. 

(B) VICE CHAIRPERSON.—The Vice Chairperson shall 

serve as Chairperson in the absence of the Chairperson. 

(C) TERM.—A member may serve as Chairperson or 

Vice Chairman for not more than 1 year in each office. 

(8) COMMISSION PERSONNEL MATTERS.— 

(A) COMPENSATION OF MEMBERS.— 

(i) IN GENERAL.—Members of the Commission shall 

serve without compensation. 

(ii) TRAVEL EXPENSES.—Members of the Commission shall be allowed travel expenses, including per 

diem in lieu of subsistence, at rates authorized for 

an employee of an agency under subchapter I of chapter 

57 of title 5, United States Code, while away from 

the home or regular place of business of the member 

in the performance of the duties of the Commission. 

(B) STAFF.— 

(i) IN GENERAL.—The Secretary shall provide the 

Commission with any staff members and technical 

assistance that the Secretary, after consultation with 

the Commission, determines to be appropriate to 

enable the Commission to carry out the duties of the 

Commission. 

(ii) DETAIL OF EMPLOYEES.—The Secretary may 

accept the services of personnel detailed from— 

(I) the State; 

(II) any political subdivision of the State; or 

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(III) any entity represented on the Commission. 

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

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

the Commission. 

(10) TERMINATION.—The Commission shall terminate 10 

years after the date of enactment of this Act. 

(f) STUDY OF HINCHLIFFE STADIUM.— (1) IN GENERAL.—Not later than 3 fiscal years after the 

date on which funds are made available to carry out this 

section, the Secretary shall complete a study regarding the 

preservation and interpretation of Hinchliffe Stadium, which 

is listed on the National Register of Historic Places. 

(2) INCLUSIONS.—The study shall include an assessment 

of— 

(A) the potential for listing the stadium as a National 

Historic Landmark; and 

(B) options for maintaining the historic integrity of 

Hinchliffe Stadium. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 7002. WILLIAM JEFFERSON CLINTON BIRTHPLACE HOME 

NATIONAL HISTORIC SITE. 

(a) ACQUISITION OF PROPERTY; ESTABLISHMENT OF HISTORIC

SITE.—Should the Secretary of the Interior acquire, by donation 

only from the Clinton Birthplace Foundation, Inc., fee simple, 

unencumbered title to the William Jefferson Clinton Birthplace 

Home site located at 117 South Hervey Street, Hope, Arkansas, 

71801, and to any personal property related to that site, the Secretary shall designate the William Jefferson Clinton Birthplace 

Home site as a National Historic Site and unit of the National 

Park System, to be known as the ‘‘President William Jefferson 

Clinton Birthplace Home National Historic Site’’. 

(b) APPLICABILITY OF OTHER LAWS.—The Secretary shall administer the President William Jefferson Clinton Birthplace Home 

National Historic Site in accordance with the laws generally 

applicable to national historic sites, including the Act entitled ‘‘An 

Act to establish a National Park Service, and for other purposes’’, 

approved August 25, 1916 (16 U.S.C. 1–4), and the Act entitled 

‘‘An Act to provide for the preservation of historic American sites, 

buildings, objects and antiquities of national significance, and for 

other purposes’’, approved August 21, 1935 (16 U.S.C. 461 et seq.). 

SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK. 

(a) ESTABLISHMENT.— (1) IN GENERAL.—If Monroe County or Wayne County, 

Michigan, or other willing landowners in either County offer 

to donate to the United States land relating to the Battles 

of the River Raisin on January 18 and 22, 1813, or the aftermath of the battles, the Secretary of the Interior (referred 

to in this section as the ‘‘Secretary’’) shall accept the donated 

land. 

(2) DESIGNATION OF PARK.—On the acquisition of land 

under paragraph (1) that is of sufficient acreage to permit 

efficient administration, the Secretary shall designate the 

acquired land as a unit of the National Park System, to be 

Michigan. 

16 USC 430vv. 

Arkansas. 

16 USC 461 note. 

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known as the ‘‘River Raisin National Battlefield Park’’ (referred 

to in this section as the ‘‘Park’’). 

(3) LEGAL DESCRIPTION.— 

(A) IN GENERAL.—The Secretary shall prepare a legal 

description of the land and interests in land designated 

as the Park by paragraph (2). 

(B) AVAILABILITY OF MAP AND LEGAL DESCRIPTION.— 

A map with the legal description shall be on file and 

available for public inspection in the appropriate offices 

of the National Park Service. 

(b) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary shall manage the Park 

for the purpose of preserving and interpreting the Battles of 

the River Raisin in accordance with the National Park Service 

Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21, 

1935 (16 U.S.C. 461 et seq.). 

(2) GENERAL MANAGEMENT PLAN.— 

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

date on which funds are made available, the Secretary 

shall complete a general management plan for the Park 

that, among other things, defines the role and responsibility 

of the Secretary with regard to the interpretation and 

the preservation of the site. 

(B) CONSULTATION.—The Secretary shall consult with 

and solicit advice and recommendations from State, county, 

local, and civic organizations and leaders, and other 

interested parties in the preparation of the management 

plan. 

(C) INCLUSIONS.—The plan shall include— 

(i) consideration of opportunities for involvement 

by and support for the Park by State, county, and 

local governmental entities and nonprofit organizations 

and other interested parties; and 

(ii) steps for the preservation of the resources of 

the site and the costs associated with these efforts. 

(D) SUBMISSION TO CONGRESS.—On the completion of 

the general management plan, the Secretary shall submit 

a copy of the plan to the Committee on Natural Resources 

of the House of Representatives and the Committee on 

Energy and Natural Resources of the Senate. 

(3) COOPERATIVE AGREEMENTS.—The Secretary may enter 

into cooperative agreements with State, county, local, and civic 

organizations to carry out this section. 

(c) REPORT.—Not later than 3 years after the date of enactment 

of this Act, the Secretary shall submit to the Committee on Energy 

and Natural Resources of the Senate and the Committee on Natural 

Resources of the House a report describing the progress made 

with respect to acquiring real property under this section and 

designating the River Raisin National Battlefield Park. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

Deadline. 


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123 STAT. 1190 PUBLIC LAW 111–11—MAR. 30, 2009 

Subtitle B—Amendments to Existing Units 

of the National Park System 

SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK. 

(a) ACQUISITION OF PROPERTY.—Section 4 of Public Law 102– 

543 (16 U.S.C. 410yy–3) is amended by striking subsection (d). 

(b) MATCHING FUNDS.—Section 8(b) of Public Law 102–543 

(16 U.S.C. 410yy–7(b)) is amended by striking ‘‘$4’’ and inserting 

‘‘$1’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 10 of Public 

Law 102–543 (16 U.S.C. 410yy–9) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’; and 

(B) by striking ‘‘$3,000,000’’ and inserting ‘‘$25,000,000’’; and 

(2) in subsection (b), by striking ‘‘$100,000’’ and all that follows through ‘‘those duties’’ and inserting ‘‘$250,000’’. 

SEC. 7102. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES 

FOR WEIR FARM NATIONAL HISTORIC SITE. 

Section 4(d) of the Weir Farm National Historic Site Establishment Act of 1990 (16 U.S.C. 461 note) is amended— 

(1) in paragraph (1)(B), by striking ‘‘contiguous to’’ and 

all that follows and inserting ‘‘within Fairfield County.’’; 

(2) by amending paragraph (2) to read as follows: 

‘‘(2) DEVELOPMENT.— 

‘‘(A) MAINTAINING NATURAL CHARACTER.—The Secretary shall keep development of the property acquired 

under paragraph (1) to a minimum so that the character 

of the acquired property will be similar to the natural 

and undeveloped landscape of the property described in 

subsection (b). 

‘‘(B) TREATMENT OF PREVIOUSLY DEVELOPED PROPERTY.—Nothing in subparagraph (A) shall either prevent 

the Secretary from acquiring property under paragraph 

(1) that, prior to the Secretary’s acquisition, was developed 

in a manner inconsistent with subparagraph (A), or require 

the Secretary to remediate such previously developed property to reflect the natural character described in subparagraph (A).’’; and 

(3) in paragraph (3), in the matter preceding subparagraph 

(A), by striking ‘‘the appropriate zoning authority’’ and all that 

follows through ‘‘Wilton, Connecticut,’’ and inserting ‘‘the local 

governmental entity that, in accordance with applicable State 

law, has jurisdiction over any property acquired under paragraph (1)(A)’’. 

SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY 

EXPANSION. 

Section 2 of the Little River Canyon National Preserve Act 

of 1992 (16 U.S.C. 698q) is amended— 

(1) in subsection (b)— 

(A) by striking ‘‘The Preserve’’ and inserting the following: 

‘‘(1) IN GENERAL.—The Preserve’’; and 

16 USC 461 note. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1191 

(B) by adding at the end the following: 

‘‘(2) BOUNDARY EXPANSION.—The boundary of the Preserve 

is modified to include the land depicted on the map entitled 

‘Little River Canyon National Preserve Proposed Boundary’, 

numbered 152/80,004, and dated December 2007.’’; and 

(2) in subsection (c), by striking ‘‘map’’ and inserting 

‘‘maps’’. 

SEC. 7104. HOPEWELL CULTURE NATIONAL HISTORICAL PARK 

BOUNDARY EXPANSION. 

Section 2 of the Act entitled ‘‘An Act to rename and expand 

the boundaries of the Mound City Group National Monument in 

Ohio’’, approved May 27, 1992 (106 Stat. 185), is amended— 

(1) by striking ‘‘and’’ at the end of subsection (a)(3); 

(2) by striking the period at the end of subsection (a)(4) 

and inserting ‘‘; and’’; 

(3) by adding after subsection (a)(4) the following new 

paragraph: 

‘‘(5) the map entitled ‘Hopewell Culture National Historical 

Park, Ohio Proposed Boundary Adjustment’ numbered 353/ 

80,049 and dated June, 2006.’’; and 

(4) by adding after subsection (d)(2) the following new 

paragraph: 

‘‘(3) The Secretary may acquire lands added by subsection 

(a)(5) only from willing sellers.’’. 

SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE 

BOUNDARY ADJUSTMENT. 

(a) IN GENERAL.—Section 901 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230) is amended in the second sentence 

by striking ‘‘of approximately twenty thousand acres generally 

depicted on the map entitled ‘Barataria Marsh Unit-Jean Lafitte 

National Historical Park and Preserve’ numbered 90,000B and 

dated April 1978,’’ and inserting ‘‘generally depicted on the map 

entitled ‘Boundary Map, Barataria Preserve Unit, Jean Lafitte 

National Historical Park and Preserve’, numbered 467/80100A, and 

dated December 2007,’’. 

(b) ACQUISITION OF LAND.—Section 902 of the National Parks 

and Recreation Act of 1978 (16 U.S.C. 230a) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘(a) Within the’’ and all that follows 

through the first sentence and inserting the following: 

‘‘(a) IN GENERAL.— ‘‘(1) BARATARIA PRESERVE UNIT.— ‘‘(A) IN GENERAL.—The Secretary may acquire any 

land, water, and interests in land and water within the 

Barataria Preserve Unit by donation, purchase with 

donated or appropriated funds, transfer from any other 

Federal agency, or exchange. 

‘‘(B) LIMITATIONS.— 

‘‘(i) IN GENERAL.—Any non-Federal land depicted 

on the map described in section 901 as ‘Lands Proposed 

for Addition’ may be acquired by the Secretary only 

with the consent of the owner of the land. 

‘‘(ii) BOUNDARY ADJUSTMENT.—On the date on 

which the Secretary acquires a parcel of land described 

in clause (i), the boundary of the Barataria Preserve 

Unit shall be adjusted to reflect the acquisition. 

16 USC 410uu–1. 

Ohio. 


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123 STAT. 1192 PUBLIC LAW 111–11—MAR. 30, 2009 

‘‘(iii) EASEMENTS.—To ensure adequate hurricane 

protection of the communities located in the area, any 

land identified on the map described in section 901 

that is acquired or transferred shall be subject to any 

easements that have been agreed to by the Secretary 

and the Secretary of the Army. 

‘‘(C) TRANSFER OF ADMINISTRATION JURISDICTION.— 

Effective on the date of enactment of the Omnibus Public 

Land Management Act of 2009, administrative jurisdiction 

over any Federal land within the areas depicted on the 

map described in section 901 as ‘Lands Proposed for Addition’ is transferred, without consideration, to the administrative jurisdiction of the National Park Service, to be 

administered as part of the Barataria Preserve Unit.’’; 

(B) in the second sentence, by striking ‘‘The Secretary 

may also acquire by any of the foregoing methods’’ and 

inserting the following: 

‘‘(2) FRENCH QUARTER.—The Secretary may acquire by any 

of the methods referred to in paragraph (1)(A)’’; 

(C) in the third sentence, by striking ‘‘Lands, waters, 

and interests therein’’ and inserting the following: 

‘‘(3) ACQUISITION OF STATE LAND.—Land, water, and 

interests in land and water’’; and 

(D) in the fourth sentence, by striking ‘‘In acquiring’’ 

and inserting the following: 

‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.—In acquiring’’; 

(2) by striking subsections (b) through (f) and inserting 

the following: 

‘‘(b) RESOURCE PROTECTION.—With respect to the land, water, 

and interests in land and water of the Barataria Preserve Unit, 

the Secretary shall preserve and protect— 

‘‘(1) fresh water drainage patterns; 

‘‘(2) vegetative cover; 

‘‘(3) the integrity of ecological and biological systems; and 

‘‘(4) water and air quality. 

‘‘(c) ADJACENT LAND.—With the consent of the owner and the 

parish governing authority, the Secretary may— 

‘‘(1) acquire land, water, and interests in land and water, 

by any of the methods referred to in subsection (a)(1)(A) 

(including use of appropriations from the Land and Water 

Conservation Fund); and 

‘‘(2) revise the boundaries of the Barataria Preserve Unit 

to include adjacent land and water.’’; and 

(3) by redesignating subsection (g) as subsection (d). 

(c) DEFINITION OF IMPROVED PROPERTY.—Section 903 of the 

National Parks and Recreation Act of 1978 (16 U.S.C. 230b) is 

amended in the fifth sentence by inserting ‘‘(or January 1, 2007, 

for areas added to the park after that date)’’ after ‘‘January 1, 

1977’’. 

(d) HUNTING, FISHING, AND TRAPPING.—Section 905 of the 

National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is 

amended in the first sentence by striking ‘‘, except that within 

the core area and on those lands acquired by the Secretary pursuant 

to section 902(c) of this title, he’’ and inserting ‘‘on land, and 

interests in land and water managed by the Secretary, except 

that the Secretary’’. 

Effective date. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1193 

(e) ADMINISTRATION.—Section 906 of the National Parks and 

Recreation Act of 1978 (16 U.S.C. 230e) is amended— 

(1) by striking the first sentence; and 

(2) in the second sentence, by striking ‘‘Pending such 

establishment and thereafter the’’ and inserting ‘‘The’’. 

(f) REFERENCES IN LAW.— (1) IN GENERAL.—Any reference in a law (including regulations), map, document, paper, or other record of the United 

States— 

(A) to the Barataria Marsh Unit shall be considered 

to be a reference to the Barataria Preserve Unit; or 

(B) to the Jean Lafitte National Historical Park shall 

be considered to be a reference to the Jean Lafitte National 

Historical Park and Preserve. 

(2) CONFORMING AMENDMENTS.—Title IX of the National 

Parks and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is 

amended— 

(A) by striking ‘‘Barataria Marsh Unit’’ each place it 

appears and inserting ‘‘Barataria Preserve Unit’’; and 

(B) by striking ‘‘Jean Lafitte National Historical Park’’ 

each place it appears and inserting ‘‘Jean Lafitte National 

Historical Park and Preserve’’. 

SEC. 7106. MINUTE MAN NATIONAL HISTORICAL PARK. 

(a) DEFINITIONS.—In this section: 

(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Minute 

Man National Historical Park Proposed Boundary’’, numbered 

406/81001, and dated July 2007. 

(2) PARK.—The term ‘‘Park’’ means the Minute Man 

National Historical Park in the State of Massachusetts. 

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

of the Interior. 

(b) MINUTE MAN NATIONAL HISTORICAL PARK.— (1) BOUNDARY ADJUSTMENT.— (A) IN GENERAL.—The boundary of the Park is modified 

to include the area generally depicted on the map. 

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

and available for inspection in the appropriate offices of 

the National Park Service. 

(2) ACQUISITION OF LAND.—The Secretary may acquire the 

land or an interest in the land described in paragraph (1)(A) 

by— 

(A) purchase from willing sellers with donated or 

appropriated funds; 

(B) donation; or 

(C) exchange. 

(3) ADMINISTRATION OF LAND.—The Secretary shall administer the land added to the Park under paragraph (1)(A) in 

accordance with applicable laws (including regulations). 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 7107. EVERGLADES NATIONAL PARK. 

(a) INCLUSION OF TARPON BASIN PROPERTY.— 

(1) DEFINITIONS.—In this subsection: 

(A) HURRICANE HOLE.—The term ‘‘Hurricane Hole’’ 

means the natural salt-water body of water within the 

Florida. 

16 USC 410r–9. 

Massachusetts. 

16 USC 410t 

note. 

16 USC 230, 

230a, 230h. 

16 USC 230b, 

230d. 

16 USC 230 note, 

231, 231a, 231b. 

16 USC 230 note. 


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Duesenbury Tracts of the eastern parcel of the Tarpon 

Basin boundary adjustment and accessed by Duesenbury 

Creek. 

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

‘‘Proposed Tarpon Basin Boundary Revision’’, numbered 

160/80,012, and dated May 2008. 

(C) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(D) TARPON BASIN PROPERTY.—The term ‘‘Tarpon Basin 

property’’ means land that— 

(i) is comprised of approximately 600 acres of land 

and water surrounding Hurricane Hole, as generally 

depicted on the map; and 

(ii) is located in South Key Largo. 

(2) BOUNDARY REVISION.— (A) IN GENERAL.—The boundary of the Everglades 

National Park is adjusted to include the Tarpon Basin 

property. 

(B) ACQUISITION AUTHORITY.—The Secretary may 

acquire from willing sellers by donation, purchase with 

donated or appropriated funds, or exchange, land, water, 

or interests in land and water, within the area depicted 

on the map, to be added to Everglades National Park. 

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

and available for public inspection in the appropriate offices 

of the National Park Service. 

(D) ADMINISTRATION.—Land added to Everglades 

National Park by this section shall be administered as 

part of Everglades National Park in accordance with 

applicable laws (including regulations). 

(3) HURRICANE HOLE.—The Secretary may allow use of 

Hurricane Hole by sailing vessels during emergencies, subject 

to such terms and conditions as the Secretary determines to 

be necessary. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry 

out this subsection. 

(b) LAND EXCHANGES.— 

(1) DEFINITIONS.—In this subsection: 

(A) COMPANY.—The term ‘‘Company’’ means Florida 

Power & Light Company. 

(B) FEDERAL LAND.—The term ‘‘Federal Land’’ means 

the parcels of land that are— 

(i) owned by the United States; 

(ii) administered by the Secretary; 

(iii) located within the National Park; and 

(iv) generally depicted on the map as— 

(I) Tract A, which is adjacent to the Tamiami 

Trail, U.S. Rt. 41; and 

(II) Tract B, which is located on the eastern 

boundary of the National Park. 

(C) MAP.—The term ‘‘map’’ means the map prepared 

by the National Park Service, entitled ‘‘Proposed Land 

Exchanges, Everglades National Park’’, numbered 160/ 

60411A, and dated September 2008. 

(D) NATIONAL PARK.—The term ‘‘National Park’’ means 

the Everglades National Park located in the State. 


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(E) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means the land in the State that— 

(i) is owned by the State, the specific area and 

location of which shall be determined by the State; 

or 

(ii)(I) is owned by the Company; 

(II) comprises approximately 320 acres; and 

(III) is located within the East Everglades Acquisition Area, as generally depicted on the map as ‘‘Tract 

D’’. 

(F) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

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

Florida and political subdivisions of the State, including 

the South Florida Water Management District. 

(2) LAND EXCHANGE WITH STATE.— (A) IN GENERAL.—Subject to the provisions of this paragraph, if the State offers to convey to the Secretary all 

right, title, and interest of the State in and to specific 

parcels of non-Federal land, and the offer is acceptable 

to the Secretary, the Secretary may, subject to valid 

existing rights, accept the offer and convey to the State 

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

to the Federal land generally depicted on the map as ‘‘Tract 

A’’. 

(B) CONDITIONS.—The land exchange under subparagraph (A) shall be subject to such terms and conditions 

as the Secretary may require. 

(C) VALUATION.— 

(i) IN GENERAL.—The values of the land involved 

in the land exchange under subparagraph (A) shall 

be equal. 

(ii) EQUALIZATION.—If the values of the land are 

not equal, the values may be equalized by donation, 

payment using donated or appropriated funds, or the 

conveyance of additional parcels of land. 

(D) APPRAISALS.—Before the exchange of land under 

subparagraph (A), appraisals for the Federal and non-Federal land shall be conducted in accordance with the Uniform 

Appraisal Standards for Federal Land Acquisitions and 

the Uniform Standards of Professional Appraisal Practice. 

(E) TECHNICAL CORRECTIONS.—Subject to the agreement of the State, the Secretary may make minor corrections to correct technical and clerical errors in the legal 

descriptions of the Federal and non-Federal land and minor 

adjustments to the boundaries of the Federal and nonFederal land. 

(F) ADMINISTRATION OF LAND ACQUIRED BY SECRETARY.—Land acquired by the Secretary under subparagraph (A) shall— 

(i) become part of the National Park; and 

(ii) be administered in accordance with the laws 

applicable to the National Park System. 

(3) LAND EXCHANGE WITH COMPANY.— 

(A) IN GENERAL.—Subject to the provisions of this paragraph, if the Company offers to convey to the Secretary 

all right, title, and interest of the Company in and to 


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123 STAT. 1196 PUBLIC LAW 111–11—MAR. 30, 2009 

the non-Federal land generally depicted on the map as 

‘‘Tract D’’, and the offer is acceptable to the Secretary, 

the Secretary may, subject to valid existing rights, accept 

the offer and convey to the Company all right, title, and 

interest of the United States in and to the Federal land 

generally depicted on the map as ‘‘Tract B’’, along with 

a perpetual easement on a corridor of land contiguous 

to Tract B for the purpose of vegetation management. 

(B) CONDITIONS.—The land exchange under subparagraph (A) shall be subject to such terms and conditions 

as the Secretary may require. 

(C) VALUATION.— 

(i) IN GENERAL.—The values of the land involved 

in the land exchange under subparagraph (A) shall 

be equal unless the non-Federal land is of higher value 

than the Federal land. 

(ii) EQUALIZATION.—If the values of the land are 

not equal, the values may be equalized by donation, 

payment using donated or appropriated funds, or the 

conveyance of additional parcels of land. 

(D) APPRAISAL.—Before the exchange of land under 

subparagraph (A), appraisals for the Federal and non-Federal land shall be conducted in accordance with the Uniform 

Appraisal Standards for Federal Land Acquisitions and 

the Uniform Standards of Professional Appraisal Practice. 

(E) TECHNICAL CORRECTIONS.—Subject to the agreement of the Company, the Secretary may make minor 

corrections to correct technical and clerical errors in the 

legal descriptions of the Federal and non-Federal land and 

minor adjustments to the boundaries of the Federal and 

non-Federal land. 

(F) ADMINISTRATION OF LAND ACQUIRED BY SECRETARY.—Land acquired by the Secretary under subparagraph (A) shall— 

(i) become part of the National Park; and 

(ii) be administered in accordance with the laws 

applicable to the National Park System. 

(4) MAP.—The map shall be on file and available for public 

inspection in the appropriate offices of the National Park 

Service. 

(5) BOUNDARY REVISION.—On completion of the land 

exchanges authorized by this subsection, the Secretary shall 

adjust the boundary of the National Park accordingly, including 

removing the land conveyed out of Federal ownership. 

SEC. 7108. KALAUPAPA NATIONAL HISTORICAL PARK. 

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

Ka ‘Ohana O Kalaupapa, a non-profit organization consisting of 

patient residents at Kalaupapa National Historical Park, and their 

family members and friends, to establish a memorial at a suitable 

location or locations approved by the Secretary at Kalawao or 

Kalaupapa within the boundaries of Kalaupapa National Historical 

Park located on the island of Molokai, in the State of Hawaii, 

to honor and perpetuate the memory of those individuals who 

were forcibly relocated to Kalaupapa Peninsula from 1866 to 1969. 

(b) DESIGN.— 

Hawaii. 

16 USC 410jj–4 

note. 

Ka ‘Ohana O 

Kalaupapa. 

Establishment. 


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(1) IN GENERAL.—The memorial authorized by subsection 

(a) shall— 

(A) display in an appropriate manner the names of 

the first 5,000 individuals sent to the Kalaupapa Peninsula 

between 1866 and 1896, most of whom lived at Kalawao; 

and 

(B) display in an appropriate manner the names of 

the approximately 3,000 individuals who arrived at 

Kalaupapa in the second part of its history, when most 

of the community was concentrated on the Kalaupapa side 

of the peninsula. 

(2) APPROVAL.—The location, size, design, and inscriptions 

of the memorial authorized by subsection (a) shall be subject 

to the approval of the Secretary of the Interior. 

(c) FUNDING.—Ka ‘Ohana O Kalaupapa, a nonprofit organization, shall be solely responsible for acceptance of contributions 

for and payment of the expenses associated with the establishment 

of the memorial. 

SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA. 

(a) COOPERATIVE AGREEMENTS.—Section 1029(d) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 

460kkk(d)) is amended by striking paragraph (3) and inserting 

the following: 

‘‘(3) AGREEMENTS.— 

‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In this paragraph, the term ‘eligible entity’ means— 

‘‘(i) the Commonwealth of Massachusetts; 

‘‘(ii) a political subdivision of the Commonwealth 

of Massachusetts; or 

‘‘(iii) any other entity that is a member of the 

Boston Harbor Islands Partnership described in subsection (e)(2). 

‘‘(B) AUTHORITY OF SECRETARY.—Subject to subparagraph (C), the Secretary may consult with an eligible entity 

on, and enter into with the eligible entity— 

‘‘(i) a cooperative management agreement to 

acquire from, and provide to, the eligible entity goods 

and services for the cooperative management of land 

within the recreation area; and 

‘‘(ii) notwithstanding section 6305 of title 31, 

United States Code, a cooperative agreement for the 

construction of recreation area facilities on land owned 

by an eligible entity for purposes consistent with the 

management plan under subsection (f). 

‘‘(C) CONDITIONS.—The Secretary may enter into an 

agreement with an eligible entity under subparagraph (B) 

only if the Secretary determines that— 

‘‘(i) appropriations for carrying out the purposes 

of the agreement are available; and 

‘‘(ii) the agreement is in the best interests of the 

United States.’’. 

(b) TECHNICAL AMENDMENTS.— 

(1) MEMBERSHIP.—Section 1029(e)(2)(B) of the Omnibus 

Parks and Public Lands Management Act of 1996 (16 U.S.C. 

460kkk(e)(2)(B)) is amended by striking ‘‘Coast Guard’’ and 

inserting ‘‘Coast Guard.’’. 

Massachusetts. 


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(2) DONATIONS.—Section 1029(e)(11) of the Omnibus Parks 

and Public Lands Management Act of 1996 (16 U.S.C. 

460kkk(e)(11)) is amended by striking ‘‘Nothwithstanding’’ and 

inserting ‘‘Notwithstanding’’. 

SEC. 7110. THOMAS EDISON NATIONAL HISTORICAL PARK, NEW 

JERSEY. 

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

(1) to recognize and pay tribute to Thomas Alva Edison 

and his innovations; and 

(2) to preserve, protect, restore, and enhance the Edison 

National Historic Site to ensure public use and enjoyment 

of the Site as an educational, scientific, and cultural center. 

(b) ESTABLISHMENT.— (1) IN GENERAL.—There is established the Thomas Edison 

National Historical Park as a unit of the National Park System 

(referred to in this section as the ‘‘Historical Park’’). 

(2) BOUNDARIES.—The Historical Park shall be comprised 

of all property owned by the United States in the Edison 

National Historic Site as well as all property authorized to 

be acquired by the Secretary of the Interior (referred to in 

this section as the ‘‘Secretary’’) for inclusion in the Edison 

National Historic Site before the date of the enactment of 

this Act, as generally depicted on the map entitled the ‘‘Thomas 

Edison National Historical Park’’, numbered 403/80,000, and 

dated April 2008. 

(3) MAP.—The map of the Historical Park shall be on 

file and available for public inspection in the appropriate offices 

of the National Park Service. 

(c) ADMINISTRATION.— 

(1) IN GENERAL.—The Secretary shall administer the 

Historical Park in accordance with this section and with the 

provisions of law generally applicable to units of the National 

Park System, including the Acts entitled ‘‘An Act to establish 

a National Park Service, and for other purposes,’’ approved 

August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and ‘‘An 

Act to provide for the preservation of historic American sites, 

buildings, objects, and antiquities of national significance, and 

for other purposes,’’ approved August 21, 1935 (16 U.S.C. 461 

et seq.). 

(2) ACQUISITION OF PROPERTY.— 

(A) REAL PROPERTY.—The Secretary may acquire land 

or interests in land within the boundaries of the Historical 

Park, from willing sellers only, by donation, purchase with 

donated or appropriated funds, or exchange. 

(B) PERSONAL PROPERTY.—The Secretary may acquire 

personal property associated with, and appropriate for, 

interpretation of the Historical Park. 

(3) COOPERATIVE AGREEMENTS.—The Secretary may consult 

and enter into cooperative agreements with interested entities 

and individuals to provide for the preservation, development, 

interpretation, and use of the Historical Park. 

(4) REPEAL OF SUPERSEDED LAW.—Public Law 87–628 (76 

Stat. 428), regarding the establishment and administration of 

the Edison National Historic Site, is repealed. 

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

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

16 USC 431 note. 

16 USC 461 note. 

16 USC 

410mmm. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1199 

‘‘Edison National Historic Site’’ shall be deemed to be a reference to the ‘‘Thomas Edison National Historical Park’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated such sums as may be necessary to carry out 

this section. 

SEC. 7111. WOMEN’S RIGHTS NATIONAL HISTORICAL PARK. 

(a) VOTES FOR WOMEN TRAIL.—Title XVI of Public Law 96– 

607 (16 U.S.C. 410ll) is amended by adding at the end the following: 

‘‘SEC. 1602. VOTES FOR WOMEN TRAIL. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) PARK.—The term ‘Park’ means the Women’s Rights 

National Historical Park established by section 1601. 

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

of the Interior, acting through the Director of the National 

Park Service. 

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

York. 

‘‘(4) TRAIL.—The term ‘Trail’ means the Votes for Women 

History Trail Route designated under subsection (b). 

‘‘(b) ESTABLISHMENT OF TRAIL ROUTE.—The Secretary, with 

concurrence of the agency having jurisdiction over the relevant 

roads, may designate a vehicular tour route, to be known as the 

‘Votes for Women History Trail Route’, to link properties in the 

State that are historically and thematically associated with the 

struggle for women’s suffrage in the United States. 

‘‘(c) ADMINISTRATION.—The Trail shall be administered by the 

National Park Service through the Park. 

‘‘(d) ACTIVITIES.—To facilitate the establishment of the Trail 

and the dissemination of information regarding the Trail, the Secretary shall— 

‘‘(1) produce and disseminate appropriate educational materials regarding the Trail, such as handbooks, maps, exhibits, 

signs, interpretive guides, and electronic information; 

‘‘(2) coordinate the management, planning, and standards 

of the Trail in partnership with participating properties, other 

Federal agencies, and State and local governments; 

‘‘(3) create and adopt an official, uniform symbol or device 

to mark the Trail; and 

‘‘(4) issue guidelines for the use of the symbol or device 

adopted under paragraph (3). 

‘‘(e) ELEMENTS OF TRAIL ROUTE.—Subject to the consent of 

the owner of the property, the Secretary may designate as an 

official stop on the Trail— 

‘‘(1) all units and programs of the Park relating to the 

struggle for women’s suffrage; 

‘‘(2) other Federal, State, local, and privately owned properties that the Secretary determines have a verifiable connection to the struggle for women’s suffrage; and 

‘‘(3) other governmental and nongovernmental facilities and 

programs of an educational, commemorative, research, or 

interpretive nature that the Secretary determines to be directly 

related to the struggle for women’s suffrage. 

‘‘(f) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING.— 

‘‘(1) IN GENERAL.—To facilitate the establishment of the 

Trail and to ensure effective coordination of the Federal and 

Guidelines. 

16 USC 410ll–1. 

New York. 

16 USC 469m. 


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non-Federal properties designated as stops along the Trail, 

the Secretary may enter into cooperative agreements and 

memoranda of understanding with, and provide technical and 

financial assistance to, other Federal agencies, the State, localities, regional governmental bodies, and private entities. 

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Secretary such sums as 

are necessary for the period of fiscal years 2009 through 2013 

to provide financial assistance to cooperating entities pursuant 

to agreements or memoranda entered into under paragraph 

(1).’’. 

(b) NATIONAL WOMEN’S RIGHTS HISTORY PROJECT NATIONAL

REGISTRY.— 

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

to in this section as the ‘‘Secretary’’) may make annual grants 

to State historic preservation offices for not more than 5 years 

to assist the State historic preservation offices in surveying, 

evaluating, and nominating to the National Register of Historic 

Places women’s rights history properties. 

(2) ELIGIBILITY.—In making grants under paragraph (1), 

the Secretary shall give priority to grants relating to properties 

associated with the multiple facets of the women’s rights movement, such as politics, economics, education, religion, and social 

and family rights. 

(3) UPDATES.—The Secretary shall ensure that the National 

Register travel itinerary website entitled ‘‘Places Where Women 

Made History’’ is updated to contain— 

(A) the results of the inventory conducted under paragraph (1); and 

(B) any links to websites related to places on the 

inventory. 

(4) COST-SHARING REQUIREMENT.—The Federal share of the 

cost of any activity carried out using any assistance made 

available under this subsection shall be 50 percent. 

(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this 

subsection $1,000,000 for each of fiscal years 2009 through 

2013. 

(c) NATIONAL WOMEN’S RIGHTS HISTORY PROJECT PARTNERSHIPS

NETWORK.— 

(1) GRANTS.—The Secretary may make matching grants 

and give technical assistance for development of a network 

of governmental and nongovernmental entities (referred to in 

this subsection as the ‘‘network’’), the purpose of which is 

to provide interpretive and educational program development 

of national women’s rights history, including historic preservation. 

(2) MANAGEMENT OF NETWORK.— 

(A) IN GENERAL.—The Secretary shall, through a 

competitive process, designate a nongovernmental managing network to manage the network. 

(B) COORDINATION.—The nongovernmental managing 

entity designated under subparagraph (A) shall work in 

partnership with the Director of the National Park Service 

and State historic preservation offices to coordinate operation of the network. 

(3) COST-SHARING REQUIREMENT.— 

Designation. 

Web posting. 


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(A) IN GENERAL.—The Federal share of the cost of 

any activity carried out using any assistance made available under this subsection shall be 50 percent. 

(B) STATE HISTORIC PRESERVATION OFFICES.—Matching 

grants for historic preservation specific to the network may 

be made available through State historic preservation 

offices. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this 

subsection $1,000,000 for each of fiscal years 2009 through 

2013. 

SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE. 

(a) DEFINITIONS.—In this section: 

(1) HISTORIC SITE.—The term ‘‘historic site’’ means the 

Martin Van Buren National Historic Site in the State of New 

York established by Public Law 93–486 (16 U.S.C. 461 note) 

on October 26, 1974. 

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

‘‘Boundary Map, Martin Van Buren National Historic Site’’, 

numbered ‘‘460/80801’’, and dated January 2005. 

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

of the Interior. 

(b) BOUNDARY ADJUSTMENTS TO THE HISTORIC SITE.— (1) BOUNDARY ADJUSTMENT.—The boundary of the historic 

site is adjusted to include approximately 261 acres of land 

identified as the ‘‘PROPOSED PARK BOUNDARY’’, as generally depicted on the map. 

(2) ACQUISITION AUTHORITY.—The Secretary may acquire 

the land and any interests in the land described in paragraph 

(1) from willing sellers by donation, purchase with donated 

or appropriated funds, or exchange. 

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

available for public inspection in the appropriate offices of 

the National Park Service. 

(4) ADMINISTRATION.—Land acquired for the historic site 

under this section shall be administered as part of the historic 

site in accordance with applicable law (including regulations). 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK. 

(a) DESIGNATION OF PALO ALTO BATTLEFIELD NATIONAL HISTOR- ICAL PARK.— 

(1) IN GENERAL.—The Palo Alto Battlefield National Historic Site shall be known and designated as the ‘‘Palo Alto 

Battlefield National Historical Park’’. 

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

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

historic site referred to in subsection (a) shall be deemed to 

be a reference to the Palo Alto Battlefield National Historical 

Park. 

(3) CONFORMING AMENDMENTS.—The Palo Alto Battlefield 

National Historic Site Act of 1991 (16 U.S.C. 461 note; Public 

Law 102–304) is amended— 

(A) by striking ‘‘National Historic Site’’ each place it 

appears and inserting ‘‘National Historical Park’’; 

16 USC 410nnn 

note. 

16 USC 410nnn 

note. 

Texas. 

New York. 

16 USC 461 note. 


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(B) in the heading for section 3, by striking ‘‘NATIONAL

HISTORIC SITE’’ and inserting ‘‘NATIONAL HISTORICAL

PARK’’; and 

(C) by striking ‘‘historic site’’ each place it appears 

and inserting ‘‘historical park’’. 

(b) BOUNDARY EXPANSION, PALO ALTO BATTLEFIELD NATIONAL

HISTORICAL PARK, TEXAS.—Section 3(b) of the Palo Alto Battlefield 

National Historic Site Act of 1991 (16 U.S.C. 461 note; Public 

Law 102–304) (as amended by subsection (a)) is amended— 

(1) in paragraph (1), by striking ‘‘(1) The historical park’’ 

and inserting the following: 

‘‘(1) IN GENERAL.—The historical park’’; 

(2) by redesignating paragraph (2) as paragraph (3); 

(3) by inserting after paragraph (1) the following: 

‘‘(2) ADDITIONAL LAND.— ‘‘(A) IN GENERAL.—In addition to the land described 

in paragraph (1), the historical park shall consist of 

approximately 34 acres of land, as generally depicted on 

the map entitled ‘Palo Alto Battlefield NHS Proposed 

Boundary Expansion’, numbered 469/80,012, and dated 

May 21, 2008. 

‘‘(B) AVAILABILITY OF MAP.—The map described in 

subparagraph (A) shall be on file and available for public 

inspection in the appropriate offices of the National Park 

Service.’’; and 

(4) in paragraph (3) (as redesignated by paragraph (2))— 

(A) by striking ‘‘(3) Within’’ and inserting the following: 

‘‘(3) LEGAL DESCRIPTION.—Not later than’’; and 

(B) in the second sentence, by striking ‘‘map referred 

to in paragraph (1)’’ and inserting ‘‘maps referred to in 

paragraphs (1) and (2)’’. 

SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORICAL 

PARK. 

(a) DESIGNATION.—The Abraham Lincoln Birthplace National 

Historic Site in the State of Kentucky shall be known and designated as the ‘‘Abraham Lincoln Birthplace National Historical 

Park’’. 

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

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

Abraham Lincoln Birthplace National Historic Site shall be deemed 

to be a reference to the ‘‘Abraham Lincoln Birthplace National 

Historical Park’’. 

SEC. 7115. NEW RIVER GORGE NATIONAL RIVER. 

Section 1106 of the National Parks and Recreation Act of 1978 

(16 U.S.C. 460m–20) is amended in the first sentence by striking 

‘‘may’’ and inserting ‘‘shall’’. 

SEC. 7116. TECHNICAL CORRECTIONS. 

(a) GAYLORD NELSON WILDERNESS.— 

(1) REDESIGNATION.—Section 140 of division E of the 

Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note; 

Public Law 108–447), is amended— 

(A) in subsection (a), by striking ‘‘Gaylord A. Nelson’’ 

and inserting ‘‘Gaylord Nelson’’; and 

(B) in subsection (c)(4), by striking ‘‘Gaylord A. Nelson 

Wilderness’’ and inserting ‘‘Gaylord Nelson Wilderness’’. 

Kentucky. 

16 USC 217b. 


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

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

‘‘Gaylord A. Nelson Wilderness’’ shall be deemed to be a reference to the ‘‘Gaylord Nelson Wilderness’’. 

(b) ARLINGTON HOUSE LAND TRANSFER.—Section 2863(h)(1) of 

Public Law 107–107 (115 Stat. 1333) is amended by striking ‘‘the 

George Washington Memorial Parkway’’ and inserting ‘‘Arlington 

House, The Robert E. Lee Memorial,’’. 

(c) CUMBERLAND ISLAND WILDERNESS.—Section 2(a)(1) of Public 

Law 97–250 (16 U.S.C. 1132 note; 96 Stat. 709) is amended by 

striking ‘‘numbered 640/20,038I, and dated September 2004’’ and 

inserting ‘‘numbered 640/20,038K, and dated September 2005’’. 

(d) PETRIFIED FOREST BOUNDARY.—Section 2(1) of the Petrified 

Forest National Park Expansion Act of 2004 (16 U.S.C. 119 note; 

Public Law 108–430) is amended by striking ‘‘numbered 110/80,044, 

and dated July 2004’’ and inserting ‘‘numbered 110/80,045, and 

dated January 2005’’. 

(e) COMMEMORATIVE WORKS ACT.—Chapter 89 of title 40, 

United States Code, is amended— 

(1) in section 8903(d), by inserting ‘‘Natural’’ before 

‘‘Resources’’; 

(2) in section 8904(b), by inserting ‘‘Advisory’’ before 

‘‘Commission’’; and 

(3) in section 8908(b)(1)— 

(A) in the first sentence, by inserting ‘‘Advisory’’ before 

‘‘Commission’’; and 

(B) in the second sentence, by striking ‘‘House Administration’’ and inserting ‘‘Natural Resources’’. 

(f) CAPTAIN JOHN SMITH CHESAPEAKE NATIONAL HISTORIC

TRAIL.—Section 5(a)(25)(A) of the National Trails System Act (16 

U.S.C. 1244(a)(25)(A)) is amended by striking ‘‘The John Smith’’ 

and inserting ‘‘The Captain John Smith’’. 

(g) DELAWARE NATIONAL COASTAL SPECIAL RESOURCE STUDY.— 

Section 604 of the Delaware National Coastal Special Resources 

Study Act (Public Law 109–338; 120 Stat. 1856) is amended by 

striking ‘‘under section 605’’. 

(h) USE OF RECREATION FEES.—Section 808(a)(1)(F) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6807(a)(1)(F)) 

is amended by striking ‘‘section 6(a)’’ and inserting ‘‘section 806(a)’’. 

(i) CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL

HERITAGE AREA.—Section 297F(b)(2)(A) of the Crossroads of the 

American Revolution National Heritage Area Act of 2006 (Public 

Law 109–338; 120 Stat. 1844) is amended by inserting ‘‘duties’’ 

before ‘‘of the’’. 

(j) CUYAHOGA VALLEY NATIONAL PARK.—Section 474(12) of the 

Consolidated Natural Resources Act of 2008 (Public Law 1110– 

229; 122 Stat. 827) is amended by striking ‘‘Cayohoga’’ each place 

it appears and inserting ‘‘Cuyahoga’’. 

(k) PENNSYLVANIA AVENUE NATIONAL HISTORIC SITE.— 

(1) NAME ON MAP.—Section 313(d)(1)(B) of the Department 

of the Interior and Related Agencies Appropriations Act, 1996 

(Public Law 104–134; 110 Stat. 1321–199; 40 U.S.C. 872 note) 

is amended by striking ‘‘map entitled ‘Pennsylvania Avenue 

National Historic Park’, dated June 1, 1995, and numbered 

840–82441’’ and inserting ‘‘map entitled ‘Pennsylvania Avenue 

National Historic Site’, dated August 25, 2008, and numbered 

840–82441B’’. 

16 USC 6702. 

16 USC 461 note. 

16 USC 461 note. 


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

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

Pennsylvania Avenue National Historic Park shall be deemed 

to be a reference to the ‘‘Pennsylvania Avenue National Historic 

Site’’. 

SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK, 

OHIO. 

(a) ADDITIONAL AREAS INCLUDED IN PARK.—Section 101 of the 

Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C. 

410ww, et seq.) is amended by adding at the end the following: 

‘‘(c) ADDITIONAL SITES.—In addition to the sites described in 

subsection (b), the park shall consist of the following sites, as 

generally depicted on a map titled ‘Dayton Aviation Heritage 

National Historical Park’, numbered 362/80,013 and dated May 

2008: 

‘‘(1) Hawthorn Hill, Oakwood, Ohio. 

‘‘(2) The Wright Company factory and associated land and 

buildings, Dayton, Ohio.’’. 

(b) PROTECTION OF HISTORIC PROPERTIES.—Section 102 of the 

Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C. 

410ww–1) is amended— 

(1) in subsection (a), by inserting ‘‘Hawthorn Hill, the 

Wright Company factory,’’ after ‘‘, acquire’’; 

(2) in subsection (b), by striking ‘‘Such agreements’’ and 

inserting: 

‘‘(d) CONDITIONS.—Cooperative agreements under this section’’; 

(3) by inserting before subsection (d) (as added by paragraph 2) the following: 

‘‘(c) COOPERATIVE AGREEMENTS.—The Secretary is authorized 

to enter into a cooperative agreement with a partner or partners, 

including the Wright Family Foundation, to operate and provide 

programming for Hawthorn Hill and charge reasonable fees notwithstanding any other provision of law, which may be used to 

defray the costs of park operation and programming.’’; and 

(4) by striking ‘‘Commission’’ and inserting ‘‘Aviation Heritage Foundation’’. 

(c) GRANT ASSISTANCE.—The Dayton Aviation Heritage 

Preservation Act of 1992, is amended— 

(1) by redesignating subsection (b) of section 108 as subsection (c); and 

(2) by inserting after subsection (a) of section 108 the 

following new subsection: 

‘‘(b) GRANT ASSISTANCE.—The Secretary is authorized to make 

grants to the parks’ partners, including the Aviation Trail, Inc., 

the Ohio Historical Society, and Dayton History, for projects not 

requiring Federal involvement other than providing financial assistance, subject to the availability of appropriations in advance identifying the specific partner grantee and the specific project. Projects 

funded through these grants shall be limited to construction and 

development on non-Federal property within the boundaries of the 

park. Any project funded by such a grant shall support the purposes 

of the park, shall be consistent with the park’s general management 

plan, and shall enhance public use and enjoyment of the park.’’. 

(d) NATIONAL AVIATION HERITAGE AREA.—Title V of division 

J of the Consolidated Appropriations Act, 2005 (16 U.S.C. 461 

note; Public Law 108–447), is amended— 

16 USC 

410ww–7. 

16 USC 410ww. 

16 USC 6702 

note. 


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(1) in section 503(3), by striking ‘‘104’’ and inserting ‘‘504’’; 

(2) in section 503(4), by striking ‘‘106’’ and inserting ‘‘506’’; 

(3) in section 504, by striking subsection (b)(2) and by 

redesignating subsection (b)(3) as subsection (b)(2); and 

(4) in section 505(b)(1), by striking ‘‘106’’ and inserting 

‘‘506’’. 

SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE. 

Public Law 87–213 (16 U.S.C. 461 note) is amended as follows: 

(1) In the first section— 

(A) by striking ‘‘the Secretary of the Interior’’ and 

inserting ‘‘(a) The Secretary of the Interior’’; 

(B) by striking ‘‘476 acres’’ and inserting ‘‘646 acres’’; 

and 

(C) by adding at the end the following: 

‘‘(b) The Secretary may acquire from willing sellers land comprising approximately 55 acres, as depicted on the map titled ‘Fort 

Davis Proposed Boundary Expansion’, numbered 418/80,045, and 

dated April 2008. The map shall be on file and available for public 

inspection in the appropriate offices of the National Park Service. 

Upon acquisition of the land, the land shall be incorporated into 

the Fort Davis National Historic Site.’’. 

(2) By repealing section 3. 

Subtitle C—Special Resource Studies 

SEC. 7201. WALNUT CANYON STUDY. 

(a) DEFINITIONS.—In this section: 

(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Walnut 

Canyon Proposed Study Area’’ and dated July 17, 2007. 

(2) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agriculture, acting 

jointly. 

(3) STUDY AREA.—The term ‘‘study area’’ means the area 

identified on the map as the ‘‘Walnut Canyon Proposed Study 

Area’’. 

(b) STUDY.— 

(1) IN GENERAL.—The Secretaries shall conduct a study 

of the study area to assess— 

(A) the suitability and feasibility of designating all 

or part of the study area as an addition to Walnut Canyon 

National Monument, in accordance with section 8(c) of 

Public Law 91–383 (16 U.S.C. 1a–5(c)); 

(B) continued management of the study area by the 

Forest Service; or 

(C) any other designation or management option that 

would provide for— 

(i) protection of resources within the study area; 

and 

(ii) continued access to, and use of, the study area 

by the public. 

(2) CONSULTATION.—The Secretaries shall provide for 

public comment in the preparation of the study, including consultation with appropriate Federal, State, and local governmental entities. 

Public comment. 


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(3) REPORT.—Not later than 18 months after the date on 

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

Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural 

Resources of the House of Representatives a report that 

describes— 

(A) the results of the study; and 

(B) any recommendations of the Secretaries. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry 

out this section. 

SEC. 7202. TULE LAKE SEGREGATION CENTER, CALIFORNIA. 

(a) STUDY.— (1) IN GENERAL.—The Secretary of the Interior (referred 

to in this section as the ‘‘Secretary’’) shall conduct a special 

resource study of the Tule Lake Segregation Center to determine the national significance of the site and the suitability 

and feasibility of including the site in the National Park 

System. 

(2) STUDY GUIDELINES.—The study shall be conducted in 

accordance with the criteria for the study of areas for potential 

inclusion in the National Park System under section 8 of Public 

Law 91–383 (16 U.S.C. 1a–5). 

(3) CONSULTATION.—In conducting the study, the Secretary 

shall consult with— 

(A) Modoc County; 

(B) the State of California; 

(C) appropriate Federal agencies; 

(D) tribal and local government entities; 

(E) private and nonprofit organizations; and 

(F) private landowners. 

(4) SCOPE OF STUDY.—The study shall include an evaluation 

of— 

(A) the significance of the site as a part of the history 

of World War II; 

(B) the significance of the site as the site relates to 

other war relocation centers;. 

(C) the historical resources of the site, including the 

stockade, that are intact and in place; 

(D) the contributions made by the local agricultural 

community to the World War II effort; and 

(E) the potential impact of designation of the site as 

a unit of the National Park System on private landowners. 

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

funds are made available to conduct the study required under 

this section, the Secretary shall submit to the Committee on Natural 

Resources of the House of Representatives and the Committee on 

Energy and Natural Resources of the Senate a report describing 

the findings, conclusions, and recommendations of the study. 

SEC. 7203. ESTATE GRANGE, ST. CROIX. 

(a) STUDY.— 

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

to in this section as the ‘‘Secretary’’), in consultation with 

the Governor of the Virgin Islands, shall conduct a special 

resource study of Estate Grange and other sites and resources 

Virgin Islands. 


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associated with Alexander Hamilton’s life on St. Croix in the 

United States Virgin Islands. 

(2) CONTENTS.—In conducting the study under paragraph 

(1), the Secretary shall evaluate— 

(A) the national significance of the sites and resources; 

and 

(B) the suitability and feasibility of designating the 

sites and resources as a unit of the National Park System. 

(3) CRITERIA.—The criteria for the study of areas for potential inclusion in the National Park System contained in section 

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

study under paragraph (1). 

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

which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on 

Natural Resources of the House of Representatives and the 

Committee on Energy and Natural Resources of the Senate 

a report containing— 

(A) the results of the study; and 

(B) any findings, conclusions, and recommendations 

of the Secretary. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE. 

(a) STUDY.— 

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

on which funds are made available to carry out this section, 

the Secretary of the Interior (referred to in this section as 

the ‘‘Secretary’’) shall complete a special resource study of the 

Harriet Beecher Stowe House in Brunswick, Maine, to 

evaluate— 

(A) the national significance of the Harriet Beecher 

Stowe House and surrounding land; and 

(B) the suitability and feasibility of designating the 

Harriet Beecher Stowe House and surrounding land as 

a unit of the National Park System. 

(2) STUDY GUIDELINES.—In conducting the study authorized 

under paragraph (1), the Secretary shall use the criteria for 

the study of areas for potential inclusion in the National Park 

System contained in section 8(c) of Public Law 91–383 (16 

U.S.C. 1a–5(c)). 

(b) REPORT.—On completion of the study required under subsection (a), the Secretary shall submit to the Committee on Energy 

and Natural Resources of the Senate and the Committee on Natural 

Resources of the House of Representatives a report containing the 

findings, conclusions, and recommendations of the study. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA. 

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

(referred to in this section as the ‘‘Secretary’’) shall conduct a 

special resource study relating to the Battle of Shepherdstown 

in Shepherdstown, West Virginia, to evaluate— 

Deadline. 

Applicability. 

Evaluation. 


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(1) the national significance of the Shepherdstown battlefield and sites relating to the Shepherdstown battlefield; and 

(2) the suitability and feasibility of adding the 

Shepherdstown battlefield and sites relating to the 

Shepherdstown battlefield as part of— 

(A) Harpers Ferry National Historical Park; or 

(B) Antietam National Battlefield. 

(b) CRITERIA.—In conducting the study authorized under subsection (a), the Secretary shall use the criteria for the study of 

areas for potential inclusion in the National Park System contained 

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

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

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

shall submit to the Committee on Energy and Natural Resources 

of the Senate and the Committee on Natural Resources of the 

House of Representatives a report containing the findings, conclusions, and recommendations of the study conducted under subsection (a). 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 

SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE. 

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

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

study of the site of Green McAdoo School in Clinton, Tennessee, 

(referred to in this section as the ‘‘site’’) to evaluate— 

(1) the national significance of the site; and 

(2) the suitability and feasibility of designating the site 

as a unit of the National Park System. 

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

the Secretary shall use the criteria for the study of areas for 

potential inclusion in the National Park System under section 8(c) 

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

(c) CONTENTS.—The study authorized by this section shall— 

(1) determine the suitability and feasibility of designating 

the site as a unit of the National Park System; 

(2) include cost estimates for any necessary acquisition, 

development, operation, and maintenance of the site; and 

(3) identify alternatives for the management, administration, and protection of the site. 

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

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

shall submit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report that describes— 

(1) the findings and conclusions of the study; and 

(2) any recommendations of the Secretary. 

SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI. 

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

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

study of the Harry S Truman Birthplace State Historic Site 

(referred to in this section as the ‘‘birthplace site’’) in Lamar, 

Missouri, to determine— 

(1) the suitability and feasibility of— 

(A) adding the birthplace site to the Harry S Truman 

National Historic Site; or 


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(B) designating the birthplace site as a separate unit 

of the National Park System; and 

(2) the methods and means for the protection and 

interpretation of the birthplace site by the National Park 

Service, other Federal, State, or local government entities, or 

private or nonprofit organizations. 

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

study required under subsection (a) in accordance with section 

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

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

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

shall submit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report containing— 

(1) the results of the study conducted under subsection 

(a); and 

(2) any recommendations of the Secretary with respect 

to the birthplace site. 

SEC. 7208. BATTLE OF MATEWAN SPECIAL RESOURCE STUDY. 

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

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

study of the sites and resources at Matewan, West Virginia, associated with the Battle of Matewan (also known as the ‘‘Matewan 

Massacre’’) of May 19, 1920, to determine— 

(1) the suitability and feasibility of designating certain 

historic areas of Matewan, West Virginia, as a unit of the 

National Park System; and 

(2) the methods and means for the protection and 

interpretation of the historic areas by the National Park 

Service, other Federal, State, or local government entities, or 

private or nonprofit organizations. 

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

study required under subsection (a) in accordance with section 

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

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

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

shall submit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report containing— 

(1) the results of the study conducted under subsection 

(a); and 

(2) any recommendations of the Secretary with respect 

to the historic areas. 

SEC. 7209. BUTTERFIELD OVERLAND TRAIL. 

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

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

study along the route known as the ‘‘Ox-Bow Route’’ of the 

Butterfield Overland Trail (referred to in this section as the ‘‘route’’) 

in the States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, 

New Mexico, Arizona, and California to evaluate— 

(1) a range of alternatives for protecting and interpreting 

the resources of the route, including alternatives for potential 

addition of the Trail to the National Trails System; and 

(2) the methods and means for the protection and 

interpretation of the route by the National Park Service, other 

State listing. 

West Virginia. 


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Federal, State, or local government entities, or private or nonprofit organizations. 

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

study required under subsection (a) in accordance with section 

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

the National Trails System Act (16 U.S.C. 1244(b)), as appropriate. 

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

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

shall submit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report containing— 

(1) the results of the study conducted under subsection 

(a); and 

(2) any recommendations of the Secretary with respect 

to the route. 

SEC. 7210. COLD WAR SITES THEME STUDY. 

(a) DEFINITIONS.— 

(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 

means the Cold War Advisory Committee established under 

subsection (c). 

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

of the Interior. 

(3) THEME STUDY.—The term ‘‘theme study’’ means the 

national historic landmark theme study conducted under subsection (b)(1). 

(b) COLD WAR THEME STUDY.— 

(1) IN GENERAL.—The Secretary shall conduct a national 

historic landmark theme study to identify sites and resources 

in the United States that are significant to the Cold War. 

(2) RESOURCES.—In conducting the theme study, the Secretary shall consider— 

(A) the inventory of sites and resources associated with 

the Cold War completed by the Secretary of Defense under 

section 8120(b)(9) of the Department of Defense Appropriations Act, 1991 (Public Law 101–511; 104 Stat. 1906); and 

(B) historical studies and research of Cold War sites 

and resources, including— 

(i) intercontinental ballistic missiles; 

(ii) flight training centers; 

(iii) manufacturing facilities; 

(iv) communications and command centers (such 

as Cheyenne Mountain, Colorado); 

(v) defensive radar networks (such as the Distant 

Early Warning Line); 

(vi) nuclear weapons test sites (such as the Nevada 

test site); and 

(vii) strategic and tactical aircraft. 

(3) CONTENTS.—The theme study shall include— 

(A) recommendations for commemorating and interpreting sites and resources identified by the theme study, 

including— 

(i) sites for which studies for potential inclusion 

in the National Park System should be authorized; 

(ii) sites for which new national historic landmarks 

should be nominated; and 

(iii) other appropriate designations; 

16 USC 1a–5 

note. 


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(B) recommendations for cooperative agreements 

with— 

(i) State and local governments; 

(ii) local historical organizations; and 

(iii) other appropriate entities; and 

(C) an estimate of the amount required to carry out 

the recommendations under subparagraphs (A) and (B). 

(4) CONSULTATION.—In conducting the theme study, the 

Secretary shall consult with— 

(A) the Secretary of the Air Force; 

(B) State and local officials; 

(C) State historic preservation offices; and 

(D) other interested organizations and individuals. 

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

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

Secretary shall submit to the Committee on Natural Resources 

of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate a report that describes 

the findings, conclusions, and recommendations of the theme 

study. 

(c) COLD WAR ADVISORY COMMITTEE.— 

(1) ESTABLISHMENT.—As soon as practicable after funds 

are made available to carry out this section, the Secretary 

shall establish an advisory committee, to be known as the 

‘‘Cold War Advisory Committee’’, to assist the Secretary in 

carrying out this section. 

(2) COMPOSITION.—The Advisory Committee shall be composed of 9 members, to be appointed by the Secretary, of 

whom— 

(A) 3 shall have expertise in Cold War history; 

(B) 2 shall have expertise in historic preservation; 

(C) 1 shall have expertise in the history of the United 

States; and 

(D) 3 shall represent the general public. 

(3) CHAIRPERSON.—The Advisory Committee shall select 

a chairperson from among the members of the Advisory Committee. 

(4) COMPENSATION.—A member of the Advisory Committee 

shall serve without compensation but may be reimbursed by 

the Secretary for expenses reasonably incurred in the performance of the duties of the Advisory Committee. 

(5) MEETINGS.—On at least 3 occasions, the Secretary (or 

a designee) shall meet and consult with the Advisory Committee 

on matters relating to the theme study. 

(d) INTERPRETIVE HANDBOOK ON THE COLD WAR.—Not later 

than 4 years after the date on which funds are made available 

to carry out this section, the Secretary shall— 

(1) prepare and publish an interpretive handbook on the 

Cold War; and 

(2) disseminate information in the theme study by other 

appropriate means. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $500,000. 

SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA. 

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

resource study of the site of the Battle of Camden fought in South 

Publication. 

Deadline. 


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Carolina on August 16, 1780, and the site of Historic Camden, 

which is a National Park System Affiliated Area, to determine— 

(1) the suitability and feasibility of designating the sites 

as a unit or units of the National Park System; and 

(2) the methods and means for the protection and 

interpretation of these sites by the National Park Service, other 

Federal, State, or local government entities or private or nonprofit organizations. 

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

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

U.S.C. 1a–5(c)). 

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

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

shall submit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report containing— 

(1) the results of the study; and 

(2) any recommendations of the Secretary. 

SEC. 7212. FORT SAN GERO ́ NIMO, PUERTO RICO. 

(a) DEFINITIONS.—In this section: 

(1) FORT SAN GERO ́ NIMO.—The term ‘‘Fort San Gero ́nimo’’ 

(also known as ‘‘Fortı ́n de San Gero ́nimo del Boquero ́n’’) means 

the fort and grounds listed on the National Register of Historic 

Places and located near Old San Juan, Puerto Rico. 

(2) RELATED RESOURCES.—The term ‘‘related resources’’ 

means other parts of the fortification system of old San Juan 

that are not included within the boundary of San Juan National 

Historic Site, such as sections of the City Wall or other fortifications. 

(b) STUDY.— 

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

resource study of Fort San Gero ́nimo and other related 

resources, to determine— 

(A) the suitability and feasibility of including Fort San 

Gero ́nimo and other related resources in the Commonwealth of Puerto Rico as part of San Juan National Historic 

Site; and 

(B) the methods and means for the protection and 

interpretation of Fort San Gero ́nimo and other related 

resources by the National Park Service, other Federal, 

State, or local government entities or private or non-profit 

organizations. 

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

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

(16 U.S.C. 1a–5(c)). 

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

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

shall submit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report containing— 

(1) the results of the study; and 

(2) any recommendations of the Secretary. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1213 

Subtitle D—Program Authorizations 

SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PROGRAM. 

(a) PURPOSE.—The purpose of this section is to assist citizens, 

public and private institutions, and governments at all levels in 

planning, interpreting, and protecting sites where historic battles 

were fought on American soil during the armed conflicts that shaped 

the growth and development of the United States, in order that 

present and future generations may learn and gain inspiration 

from the ground where Americans made their ultimate sacrifice. 

(b) PRESERVATION ASSISTANCE.— 

(1) IN GENERAL.—Using the established national historic 

preservation program to the extent practicable, the Secretary 

of the Interior, acting through the American Battlefield Protection Program, shall encourage, support, assist, recognize, and 

work in partnership with citizens, Federal, State, local, and 

tribal governments, other public entities, educational institutions, and private nonprofit organizations in identifying, 

researching, evaluating, interpreting, and protecting historic 

battlefields and associated sites on a National, State, and local 

level. 

(2) FINANCIAL ASSISTANCE.—To carry out paragraph (1), 

the Secretary may use a cooperative agreement, grant, contract, 

or other generally adopted means of providing financial assistance. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $3,000,000 annually to carry out this 

subsection, to remain available until expended. 

(c) BATTLEFIELD ACQUISITION GRANT PROGRAM.— 

(1) DEFINITIONS.—In this subsection: 

(A) BATTLEFIELD REPORT.—The term ‘‘Battlefield 

Report’’ means the document entitled ‘‘Report on the 

Nation’s Civil War Battlefields’’, prepared by the Civil War 

Sites Advisory Commission, and dated July 1993. 

(B) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means 

a State or local government. 

(C) ELIGIBLE SITE.—The term ‘‘eligible site’’ means a 

site— 

(i) that is not within the exterior boundaries of 

a unit of the National Park System; and 

(ii) that is identified in the Battlefield Report. 

(D) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the American Battlefield Protection Program. 

(2) ESTABLISHMENT.—The Secretary shall establish a 

battlefield acquisition grant program under which the Secretary 

may provide grants to eligible entities to pay the Federal share 

of the cost of acquiring interests in eligible sites for the 

preservation and protection of those eligible sites. 

(3) NONPROFIT PARTNERS.—An eligible entity may acquire 

an interest in an eligible site using a grant under this subsection in partnership with a nonprofit organization. 

(4) NON-FEDERAL SHARE.—The non-Federal share of the 

total cost of acquiring an interest in an eligible site under 

this subsection shall be not less than 50 percent. 

16 USC 469k–1. 


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(5) LIMITATION ON LAND USE.—An interest in an eligible 

site acquired under this subsection shall be subject to section 

6(f)(3) of the Land and Water Conservation Fund Act of 1965 

(16 U.S.C. 460l–8(f)(3)). 

(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to provide grants 

under this subsection $10,000,000 for each of fiscal years 2009 

through 2013. 

SEC. 7302. PRESERVE AMERICA PROGRAM. 

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

Preserve America Program, including— 

(1) the Preserve America grant program within the Department of the Interior; 

(2) the recognition programs administered by the Advisory 

Council on Historic Preservation; and 

(3) the related efforts of Federal agencies, working in partnership with State, tribal, and local governments and the private sector, to support and promote the preservation of historic 

resources. 

(b) DEFINITIONS.—In this section: 

(1) COUNCIL.—The term ‘‘Council’’ means the Advisory 

Council on Historic Preservation. 

(2) HERITAGE TOURISM.—The term ‘‘heritage tourism’’ 

means the conduct of activities to attract and accommodate 

visitors to a site or area based on the unique or special aspects 

of the history, landscape (including trail systems), and culture 

of the site or area. 

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

America Program established under subsection (c)(1). 

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

of the Interior. 

(c) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established in the Department 

of the Interior the Preserve America Program, under which 

the Secretary, in partnership with the Council, may provide 

competitive grants to States, local governments (including local 

governments in the process of applying for designation as Preserve America Communities under subsection (d)), Indian 

tribes, communities designated as Preserve America Communities under subsection (d), State historic preservation offices, 

and tribal historic preservation offices to support preservation 

efforts through heritage tourism, education, and historic 

preservation planning activities. 

(2) ELIGIBLE PROJECTS.— 

(A) IN GENERAL.—The following projects shall be 

eligible for a grant under this section: 

(i) A project for the conduct of— 

(I) research on, and documentation of, the history of a community; and 

(II) surveys of the historic resources of a 

community. 

(ii) An education and interpretation project that 

conveys the history of a community or site. 

(iii) A planning project (other than building 

rehabilitation) that advances economic development 

using heritage tourism and historic preservation. 

16 USC 469n. 


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(iv) A training project that provides opportunities 

for professional development in areas that would aid 

a community in using and promoting its historic 

resources. 

(v) A project to support heritage tourism in a Preserve America Community designated under subsection 

(d). 

(vi) Other nonconstruction projects that identify 

or promote historic properties or provide for the education of the public about historic properties that are 

consistent with the purposes of this section. 

(B) LIMITATION.—In providing grants under this section, the Secretary shall only provide 1 grant to each 

eligible project selected for a grant. 

(3) PREFERENCE.—In providing grants under this section, 

the Secretary may give preference to projects that carry out 

the purposes of both the program and the Save America’s 

Treasures Program. 

(4) CONSULTATION AND NOTIFICATION.— 

(A) CONSULTATION.—The Secretary shall consult with 

the Council in preparing the list of projects to be provided 

grants for a fiscal year under the program. 

(B) NOTIFICATION.—Not later than 30 days before the 

date on which the Secretary provides grants for a fiscal 

year under the program, the Secretary shall submit to 

the Committee on Energy and Natural Resources of the 

Senate, the Committee on Appropriations of the Senate, 

the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations of the 

House of Representatives a list of any eligible projects 

that are to be provided grants under the program for 

the fiscal year. 

(5) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The non-Federal share of the cost 

of carrying out a project provided a grant under this section 

shall be not less than 50 percent of the total cost of the 

project. 

(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 

share required under subparagraph (A) shall be in the 

form of— 

(i) cash; or 

(ii) donated supplies and related services, the value 

of which shall be determined by the Secretary. 

(C) REQUIREMENT.—The Secretary shall ensure that 

each applicant for a grant has the capacity to secure, 

and a feasible plan for securing, the non-Federal share 

for an eligible project required under subparagraph (A) 

before a grant is provided to the eligible project under 

the program. 

(d) DESIGNATION OF PRESERVE AMERICA COMMUNITIES.— 

(1) APPLICATION.—To be considered for designation as a 

Preserve America Community, a community, tribal area, or 

neighborhood shall submit to the Council an application containing such information as the Council may require. 

(2) CRITERIA.—To be designated as a Preserve America 

Community under the program, a community, tribal area, or 

neighborhood that submits an application under paragraph (1) 

Deadline. 

List. 

Grants. 


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123 STAT. 1216 PUBLIC LAW 111–11—MAR. 30, 2009 

shall, as determined by the Council, in consultation with the 

Secretary, meet criteria required by the Council and, in addition, consider— 

(A) protection and celebration of the heritage of the 

community, tribal area, or neighborhood; 

(B) use of the historic assets of the community, tribal 

area, or neighborhood for economic development and 

community revitalization; and 

(C) encouragement of people to experience and appreciate local historic resources through education and heritage tourism programs. 

(3) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HISTORIC PRESERVATION ACTIVITIES.—The Council shall establish 

an expedited process for Preserve America Community designation for local governments previously certified for historic 

preservation activities under section 101(c)(1) of the National 

Historic Preservation Act (16 U.S.C. 470a(c)(1)). 

(4) GUIDELINES.—The Council, in consultation with the 

Secretary, shall establish any guidelines that are necessary 

to carry out this subsection. 

(e) REGULATIONS.—The Secretary shall develop any guidelines 

and issue any regulations that the Secretary determines to be 

necessary to carry out this section. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $25,000,000 for each 

fiscal year, to remain available until expended. 

SEC. 7303. SAVE AMERICA’S TREASURES PROGRAM. 

(a) PURPOSE.—The purpose of this section is to authorize within 

the Department of the Interior the Save America’s Treasures Program, to be carried out by the Director of the National Park Service, 

in partnership with— 

(1) the National Endowment for the Arts; 

(2) the National Endowment for the Humanities; 

(3) the Institute of Museum and Library Services; 

(4) the National Trust for Historic Preservation; 

(5) the National Conference of State Historic Preservation 

Officers; 

(6) the National Association of Tribal Historic Preservation 

Officers; and 

(7) the President’s Committee on the Arts and the Humanities. 

(b) DEFINITIONS.—In this section: 

(1) COLLECTION.—The term ‘‘collection’’ means a collection 

of intellectual and cultural artifacts, including documents, 

sculpture, and works of art. 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 

Federal entity, State, local, or tribal government, educational 

institution, or nonprofit organization. 

(3) HISTORIC PROPERTY.—The term ‘‘historic property’’ has 

the meaning given the term in section 301 of the National 

Historic Preservation Act (16 U.S.C. 470w). 

(4) NATIONALLY SIGNIFICANT.—The term ‘‘nationally significant’’ means a collection or historic property that meets the 

applicable criteria for national significance, in accordance with 

regulations promulgated by the Secretary pursuant to section 

16 USC 469o. 

Guidelines. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1217 

101(a)(2) of the National Historic Preservation Act (16 U.S.C. 

470a(a)(2)). 

(5) PROGRAM.—The term ‘‘program’’ means the Save America’s Treasures Program established under subsection (c)(1). 

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

of the Interior, acting through the Director of the National 

Park Service. 

(c) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established in the Department 

of the Interior the Save America’s Treasures program, under 

which the amounts made available to the Secretary under 

subsection (e) shall be used by the Secretary, in consultation 

with the organizations described in subsection (a), subject to 

paragraph (6)(A)(ii), to provide grants to eligible entities for 

projects to preserve nationally significant collections and historic properties. 

(2) DETERMINATION OF GRANTS.—Of the amounts made 

available for grants under subsection (e), not less than 50 

percent shall be made available for grants for projects to preserve collections and historic properties, to be distributed 

through a competitive grant process administered by the Secretary, subject to the eligibility criteria established under paragraph (5). 

(3) APPLICATIONS FOR GRANTS.—To be considered for a 

competitive grant under the program an eligible entity shall 

submit to the Secretary an application containing such information as the Secretary may require. 

(4) COLLECTIONS AND HISTORIC PROPERTIES ELIGIBLE FOR

COMPETITIVE GRANTS.— 

(A) IN GENERAL.—A collection or historic property shall 

be provided a competitive grant under the program only 

if the Secretary determines that the collection or historic 

property is— 

(i) nationally significant; and 

(ii) threatened or endangered. 

(B) ELIGIBLE COLLECTIONS.—A determination by the 

Secretary regarding the national significance of collections 

under subparagraph (A)(i) shall be made in consultation 

with the organizations described in subsection (a), as appropriate. 

(C) ELIGIBLE HISTORIC PROPERTIES.—To be eligible for 

a competitive grant under the program, a historic property 

shall, as of the date of the grant application— 

(i) be listed in the National Register of Historic 

Places at the national level of significance; or 

(ii) be designated as a National Historic Landmark. 

(5) SELECTION CRITERIA FOR GRANTS.— 

(A) IN GENERAL.—The Secretary shall not provide a 

grant under this section to a project for an eligible collection 

or historic property unless the project— 

(i) eliminates or substantially mitigates the threat 

of destruction or deterioration of the eligible collection 

or historic property; 

(ii) has a clear public benefit; and 

(iii) is able to be completed on schedule and within 

the budget described in the grant application. 

Determination. 

Grants. 


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(B) PREFERENCE.—In providing grants under this section, the Secretary may give preference to projects that 

carry out the purposes of both the program and the Preserve America Program. 

(C) LIMITATION.—In providing grants under this section, the Secretary shall only provide 1 grant to each 

eligible project selected for a grant. 

(6) CONSULTATION AND NOTIFICATION BY SECRETARY.— 

(A) CONSULTATION.— 

(i) IN GENERAL.—Subject to clause (ii), the Secretary shall consult with the organizations described 

in subsection (a) in preparing the list of projects to 

be provided grants for a fiscal year by the Secretary 

under the program. 

(ii) LIMITATION.—If an entity described in clause 

(i) has submitted an application for a grant under 

the program, the entity shall be recused by the Secretary from the consultation requirements under that 

clause and paragraph (1). 

(B) NOTIFICATION.—Not later than 30 days before the 

date on which the Secretary provides grants for a fiscal 

year under the program, the Secretary shall submit to 

the Committee on Energy and Natural Resources of the 

Senate, the Committee on Appropriations of the Senate, 

the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations of the 

House of Representatives a list of any eligible projects 

that are to be provided grants under the program for 

the fiscal year. 

(7) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The non-Federal share of the cost 

of carrying out a project provided a grant under this section 

shall be not less than 50 percent of the total cost of the 

project. 

(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 

share required under subparagraph (A) shall be in the 

form of— 

(i) cash; or 

(ii) donated supplies or related services, the value 

of which shall be determined by the Secretary. 

(C) REQUIREMENT.—The Secretary shall ensure that 

each applicant for a grant has the capacity and a feasible 

plan for securing the non-Federal share for an eligible 

project required under subparagraph (A) before a grant 

is provided to the eligible project under the program. 

(d) REGULATIONS.—The Secretary shall develop any guidelines 

and issue any regulations that the Secretary determines to be 

necessary to carry out this section. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $50,000,000 for each 

fiscal year, to remain available until expended. 

SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM. 

Section 4 of Public Law 106–45 (16 U.S.C. 461 note; 113 Stat. 

226) is amended by striking ‘‘2009’’ and inserting ‘‘2019’’. 

Guidelines. 

Deadline. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1219 

SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTITUTE. 

The National Cave and Karst Research Institute Act of 1998 

(16 U.S.C. 4310 note; Public Law 105–325) is amended by striking 

section 5 and inserting the following: 

‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated such sums as are 

necessary to carry out this Act.’’. 

Subtitle E—Advisory Commissions 

SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY COMMISSION. 

Section 505(f)(7) of the National Parks and Recreation Act 

of 1978 (16 U.S.C. 396d(f)(7)) is amended by striking ‘‘ten years 

after the date of enactment of the Na Hoa Pili O Kaloko-Honokohau 

Re-establishment Act of 1996’’ and inserting ‘‘on December 31, 

2018’’. 

SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION. 

Effective September 26, 2008, section 8(a) of Public Law 87– 

126 (16 U.S.C. 459b–7(a)) is amended in the second sentence by 

striking ‘‘2008’’ and inserting ‘‘2018’’. 

SEC. 7403. CONCESSIONS MANAGEMENT ADVISORY BOARD. 

Section 409(d) of the National Park Service Concessions 

Management Improvement Act of 1998 (16 U.S.C. 5958(d)) is 

amended in the first sentence by striking ‘‘2008’’ and inserting 

‘‘2009’’. 

SEC. 7404. ST. AUGUSTINE 450TH COMMEMORATION COMMISSION. 

(a) DEFINITIONS.—In this section: 

(1) COMMEMORATION.—The term ‘‘commemoration’’ means 

the commemoration of the 450th anniversary of the founding 

of the settlement of St. Augustine, Florida. 

(2) COMMISSION.—The term ‘‘Commission’’ means the St. 

Augustine 450th Commemoration Commission established by 

subsection (b)(1). 

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

of the State. 

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

of the Interior. 

(5) STATE.— 

(A) IN GENERAL.—The term ‘‘State’’ means the State 

of Florida. 

(B) INCLUSION.—The term ‘‘State’’ includes agencies 

and entities of the State of Florida. 

(b) ESTABLISHMENT.— 

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

be known as the ‘‘St. Augustine 450th Commemoration 

Commission’’. 

(2) MEMBERSHIP.— 

(A) COMPOSITION.—The Commission shall be composed 

of 14 members, of whom— 

(i) 3 members shall be appointed by the Secretary, 

after considering the recommendations of the St. 

Augustine City Commission; 

Florida. 

16 USC 470a 

note. 

Effective dates. 

Extensions. 


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(ii) 3 members shall be appointed by the Secretary, 

after considering the recommendations of the Governor; 

(iii) 1 member shall be an employee of the National 

Park Service having experience relevant to the historical resources relating to the city of St. Augustine 

and the commemoration, to be appointed by the Secretary; 

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

taking into consideration the recommendations of the 

Mayor of the city of St. Augustine; 

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

after considering the recommendations of the Chancellor of the University System of Florida; and 

(vi) 5 members shall be individuals who are residents of the State who have an interest in, support 

for, and expertise appropriate to the commemoration, 

to be appointed by the Secretary, taking into consideration the recommendations of Members of Congress. 

(B) TIME OF APPOINTMENT.—Each appointment of an 

initial member of the Commission shall be made before 

the expiration of the 120-day period beginning on the date 

of enactment of this Act. 

(C) TERM; VACANCIES.— 

(i) TERM.—A member of the Commission shall be 

appointed for the life of the Commission. 

(ii) VACANCIES.— 

(I) IN GENERAL.—A vacancy on the Commission shall be filled in the same manner in which 

the original appointment was made. 

(II) PARTIAL TERM.—A member appointed to 

fill a vacancy on the Commission shall serve for 

the remainder of the term for which the predecessor of the member was appointed. 

(iii) CONTINUATION OF MEMBERSHIP.—If a member 

of the Commission was appointed to the Commission 

as Mayor of the city of St. Augustine or as an employee 

of the National Park Service or the State University 

System of Florida, and ceases to hold such position, 

that member may continue to serve on the Commission 

for not longer than the 30-day period beginning on 

the date on which that member ceases to hold the 

position. 

(3) DUTIES.—The Commission shall— 

(A) plan, develop, and carry out programs and activities 

appropriate for the commemoration; 

(B) facilitate activities relating to the commemoration 

throughout the United States; 

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

artistic, religious, economic, and other organizations 

throughout the United States to organize and participate 

in anniversary activities to expand understanding and 

appreciation of the significance of the founding and continuing history of St. Augustine; 

(D) provide technical assistance to States, localities, 

and nonprofit organizations to further the commemoration; 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1221 

(E) coordinate and facilitate for the public scholarly 

research on, publication about, and interpretation of, St. 

Augustine; 

(F) ensure that the commemoration provides a lasting 

legacy and long-term public benefit by assisting in the 

development of appropriate programs; and 

(G) help ensure that the observances of the foundation 

of St. Augustine are inclusive and appropriately recognize 

the experiences and heritage of all individuals present 

when St. Augustine was founded. 

(c) COMMISSION MEETINGS.— 

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

date on which all members of the Commission have been 

appointed, the Commission shall hold the initial meeting of 

the Commission. 

(2) MEETINGS.—The Commission shall meet— 

(A) at least 3 times each year; or 

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

of the members of the Commission. 

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

(4) CHAIRPERSON AND VICE CHAIRPERSON.— 

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

an annual basis. 

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

the Chairperson. 

(5) VOTING.—The Commission shall act only on an affirmative vote of a majority of the members of the Commission. 

(d) COMMISSION POWERS.— 

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

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

for aiding or facilitating the work of the Commission. 

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

determines to be necessary to carry out this section. 

(3) AUTHORIZATION OF ACTION.—The Commission may 

authorize any member or employee of the Commission to take 

any action that the Commission is authorized to take under 

this section. 

(4) PROCUREMENT.— 

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

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

extend beyond the date of termination of the Commission). 

(B) LIMITATION.—The Commission may not purchase 

real property. 

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

States mails in the same manner and under the same conditions 

as other agencies of the Federal Government. 

(6) GRANTS AND TECHNICAL ASSISTANCE.—The Commission 

may— 

Deadline. 


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123 STAT. 1222 PUBLIC LAW 111–11—MAR. 30, 2009 

(A) provide grants in amounts not to exceed $20,000 

per grant to communities and nonprofit organizations for 

use in developing programs to assist in the commemoration; 

(B) provide grants to research and scholarly organizations to research, publish, or distribute information relating 

to the early history of St. Augustine; and 

(C) provide technical assistance to States, localities, 

and nonprofit organizations to further the commemoration. 

(e) COMMISSION PERSONNEL MATTERS.— (1) COMPENSATION OF MEMBERS.— (A) IN GENERAL.—Except as provided in paragraph (2), 

a member of the Commission shall serve without compensation. 

(B) FEDERAL EMPLOYEES.—A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation other than the compensation received for the services of the member as an 

officer or employee of the Federal Government. 

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

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

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

while away from the home or regular place of business of 

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

(3) DIRECTOR AND STAFF.— 

(A) IN GENERAL.—The Chairperson of the Commission 

may, without regard to the civil service laws (including 

regulations), nominate an executive director to enable the 

Commission to perform the duties of the Commission. 

(B) CONFIRMATION OF EXECUTIVE DIRECTOR.—The 

employment of an executive director shall be subject to 

confirmation by the Commission. 

(4) COMPENSATION.— 

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

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

provisions of chapter 51 and subchapter III of chapter 

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

of positions and General Schedule pay rates. 

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

executive director and other personnel shall not exceed 

the rate payable for level V of the Executive Schedule 

under section 5316 of title 5, United States Code. 

(5) DETAIL OF GOVERNMENT EMPLOYEES.— 

(A) FEDERAL EMPLOYEES.— 

(i) DETAIL.—At the request of the Commission, 

the head of any Federal agency may detail, on a 

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

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

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

employee under clause (i) shall be without interruption 

or loss of civil service status or privilege. 

(B) STATE EMPLOYEES.—The Commission may— 

(i) accept the services of personnel detailed from 

the State; and 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1223 

(ii) reimburse the State for services of detailed 

personnel. 

(6) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 

3109(b) of title 5, United States Code, at rates for individuals 

that do not exceed the daily equivalent of the annual rate 

of basic pay prescribed for level V of the Executive Schedule 

under section 5316 of such title. 

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

Commission may accept and use such voluntary and uncompensated services as the Commission determines to be necessary. 

(8) SUPPORT SERVICES.— 

(A) IN GENERAL.—The Secretary shall provide to the 

Commission, on a reimbursable basis, such administrative 

support services as the Commission may request. 

(B) REIMBURSEMENT.—Any reimbursement under this 

paragraph shall be credited to the appropriation, fund, 

or account used for paying the amounts reimbursed. 

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

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

the Commission. 

(10) NO EFFECT ON AUTHORITY.—Nothing in this subsection 

supersedes the authority of the State, the National Park 

Service, the city of St. Augustine, or any designee of those 

entities, with respect to the commemoration. 

(f) PLANS; REPORTS.— 

(1) STRATEGIC PLAN.—The Commission shall prepare a strategic plan for the activities of the Commission carried out 

under this section. 

(2) FINAL REPORT.—Not later than September 30, 2015, 

the Commission shall complete and submit to Congress a final 

report that contains— 

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

(B) a final accounting of funds received and expended 

by the Commission; and 

(C) the findings and recommendations of the Commission. 

(g) AUTHORIZATION OF APPROPRIATIONS.— 

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

to the Commission to carry out this section $500,000 for each 

of fiscal years 2009 through 2015. 

(2) AVAILABILITY.—Amounts made available under paragraph (1) shall remain available until December 31, 2015. 

(h) TERMINATION OF COMMISSION.— 

(1) DATE OF TERMINATION.—The Commission shall terminate on December 31, 2015. 

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

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

shall transfer all documents and materials of the Commission 

to the National Archives or another appropriate Federal entity. 

Expiration date. 


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123 STAT. 1224 PUBLIC LAW 111–11—MAR. 30, 2009 

TITLE VIII—NATIONAL HERITAGE 

AREAS 

Subtitle A—Designation of National 

Heritage Areas 

SEC. 8001. SANGRE DE CRISTO NATIONAL HERITAGE AREA, COLORADO. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

Sangre de Cristo National Heritage Area established by subsection (b)(1). 

(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’ 

means the management entity for the Heritage Area designated 

by subsection (b)(4). 

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

means the management plan for the Heritage Area required 

under subsection (d). 

(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Proposed Sangre De Cristo National Heritage Area’’ and dated 

November 2005. 

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

of the Interior. 

(6) STATE.—The term ‘‘State’’ means the State of Colorado. 

(b) SANGRE DE CRISTO NATIONAL HERITAGE AREA.— (1) ESTABLISHMENT.—There is established in the State the 

Sangre de Cristo National Heritage Area. 

(2) BOUNDARIES.—The Heritage Area shall consist of— 

(A) the counties of Alamosa, Conejos, and Costilla; 

and 

(B) the Monte Vista National Wildlife Refuge, the Baca 

National Wildlife Refuge, the Great Sand Dunes National 

Park and Preserve, and other areas included in the map. 

(3) MAP.—A map of the Heritage Area shall be— 

(A) included in the management plan; and 

(B) on file and available for public inspection in the 

appropriate offices of the National Park Service. 

(4) MANAGEMENT ENTITY.— (A) IN GENERAL.—The management entity for the 

Heritage Area shall be the Sangre de Cristo National Heritage Area Board of Directors. 

(B) MEMBERSHIP REQUIREMENTS.—Members of the 

Board shall include representatives from a broad crosssection of the individuals, agencies, organizations, and 

governments that were involved in the planning and 

development of the Heritage Area before the date of enactment of this Act. 

(c) ADMINISTRATION.— (1) AUTHORITIES.—For purposes of carrying out the 

management plan, the Secretary, acting through the management entity, may use amounts made available under this section to— 

(A) make grants to the State or a political subdivision 

of the State, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements with, or provide 

technical assistance to, the State or a political subdivision 

16 USC 461 note. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1225 

of the State, nonprofit organizations, and other interested 

parties; 

(C) hire and compensate staff, which shall include 

individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; 

(D) obtain money or services from any source including 

any that are provided under any other Federal law or 

program; 

(E) contract for goods or services; and 

(F) undertake to be a catalyst for any other activity 

that furthers the Heritage Area and is consistent with 

the approved management plan. 

(2) DUTIES.—The management entity shall— 

(A) in accordance with subsection (d), prepare and 

submit a management plan for the Heritage Area to the 

Secretary; 

(B) assist units of local government, regional planning 

organizations, and nonprofit organizations in carrying out 

the approved management plan by— 

(i) carrying out programs and projects that recognize, protect, and enhance important resource values 

in the Heritage Area; 

(ii) establishing and maintaining interpretive 

exhibits and programs in the Heritage Area; 

(iii) developing recreational and educational 

opportunities in the Heritage Area; 

(iv) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural 

resources of the Heritage Area; 

(v) protecting and restoring historic sites and 

buildings in the Heritage Area that are consistent with 

Heritage Area themes; 

(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and 

sites of interest are posted throughout the Heritage 

Area; and 

(vii) promoting a wide range of partnerships among 

governments, organizations, and individuals to further 

the Heritage Area; 

(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the 

Heritage Area in the preparation and implementation of 

the management plan; 

(D) conduct meetings open to the public at least semiannually regarding the development and implementation 

of the management plan; 

(E) for any year that Federal funds have been received 

under this section— 

(i) submit an annual report to the Secretary that 

describes the activities, expenses, and income of the 

management entity (including grants to any other entities during the year that the report is made); 

(ii) make available to the Secretary for audit all 

records relating to the expenditure of the funds and 

any matching funds; 

Records. 

Deadline. 

Reports. 

Public 

information. 

Deadlines. 

Management 

plan. 


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123 STAT. 1226 PUBLIC LAW 111–11—MAR. 30, 2009 

(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make 

available to the Secretary for audit all records concerning the expenditure of the funds; and 

(F) encourage by appropriate means economic viability 

that is consistent with the Heritage Area. 

(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.— The management entity shall not use Federal funds made 

available under this section to acquire real property or any 

interest in real property. 

(4) COST-SHARING REQUIREMENT.—The Federal share of the 

cost of any activity carried out using any assistance made 

available under this section shall be 50 percent. 

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

of enactment of this Act, the management entity shall submit 

to the Secretary for approval a proposed management plan 

for the Heritage Area. 

(2) REQUIREMENTS.—The management plan shall— 

(A) incorporate an integrated and cooperative approach 

for the protection, enhancement, and interpretation of the 

natural, cultural, historic, scenic, and recreational 

resources of the Heritage Area; 

(B) take into consideration State and local plans; 

(C) include— 

(i) an inventory of— 

(I) the resources located in the core area 

described in subsection (b)(2); and 

(II) any other property in the core area that— 

(aa) is related to the themes of the Heritage Area; and 

(bb) should be preserved, restored, managed, or maintained because of the significance 

of the property; 

(ii) comprehensive policies, strategies and recommendations for conservation, funding, management, 

and development of the Heritage Area; 

(iii) a description of actions that governments, private organizations, and individuals have agreed to take 

to protect the natural, historical and cultural resources 

of the Heritage Area; 

(iv) a program of implementation for the management plan by the management entity that includes 

a description of— 

(I) actions to facilitate ongoing collaboration 

among partners to promote plans for resource 

protection, restoration, and construction; and 

(II) specific commitments for implementation 

that have been made by the management entity 

or any government, organization, or individual for 

the first 5 years of operation; 

(v) the identification of sources of funding for carrying out the management plan; 

(vi) analysis and recommendations for means by 

which local, State, and Federal programs, including 

the role of the National Park Service in the Heritage 

Deadline. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1227 

Area, may best be coordinated to carry out this section; 

and 

(vii) an interpretive plan for the Heritage Area; 

and 

(D) recommend policies and strategies for resource 

management that consider and detail the application of 

appropriate land and water management techniques, 

including the development of intergovernmental and interagency cooperative agreements to protect the natural, 

historical, cultural, educational, scenic, and recreational 

resources of the Heritage Area. 

(3) DEADLINE.—If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the 

date of enactment of this Act, the management entity shall 

be ineligible to receive additional funding under this section 

until the date that the Secretary receives and approves the 

management plan. 

(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.— 

(A) IN GENERAL.—Not later than 180 days after the 

date of receipt of the management plan under paragraph 

(1), the Secretary, in consultation with the State, shall 

approve or disapprove the management plan. 

(B) CRITERIA FOR APPROVAL.—In determining whether 

to approve the management plan, the Secretary shall consider whether— 

(i) the management entity is representative of the 

diverse interests of the Heritage Area, including 

governments, natural and historic resource protection 

organizations, educational institutions, businesses, and 

recreational organizations; 

(ii) the management entity has afforded adequate 

opportunity, including public hearings, for public and 

governmental involvement in the preparation of the 

management plan; and 

(iii) the resource protection and interpretation 

strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. 

(C) ACTION FOLLOWING DISAPPROVAL.—If the Secretary 

disapproves the management plan under subparagraph (A), 

the Secretary shall— 

(i) advise the management entity in writing of 

the reasons for the disapproval; 

(ii) make recommendations for revisions to the 

management plan; and 

(iii) not later than 180 days after the receipt of 

any proposed revision of the management plan from 

the management entity, approve or disapprove the proposed revision. 

(D) AMENDMENTS.— 

(i) IN GENERAL.—The Secretary shall approve or 

disapprove each amendment to the management plan 

that the Secretary determines make a substantial 

change to the management plan. 

(ii) USE OF FUNDS.—The management entity shall 

not use Federal funds authorized by this section to 

Deadline. 

Recommendations. 

Deadline. 


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123 STAT. 1228 PUBLIC LAW 111–11—MAR. 30, 2009 

carry out any amendments to the management plan 

until the Secretary has approved the amendments. 

(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the 

authority of a Federal agency to provide technical or financial 

assistance under any other law. 

(2) CONSULTATION AND COORDINATION.—The head of any 

Federal agency planning to conduct activities that may have 

an impact on the Heritage Area is encouraged to consult and 

coordinate the activities with the Secretary and the management entity to the maximum extent practicable. 

(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 

(A) modifies, alters, or amends any law or regulation 

authorizing a Federal agency to manage Federal land under 

the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land manager 

to implement an approved land use plan within the boundaries of the Heritage Area; or 

(C) modifies, alters, or amends any authorized use 

of Federal land under the jurisdiction of a Federal agency. 

(f) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.— 

Nothing in this section— 

(1) abridges the rights of any property owner (whether 

public or private), including the right to refrain from participating in any plan, project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner to permit public access 

(including access by Federal, State, or local agencies) to the 

property of the property owner, or to modify public access 

or use of property of the property owner under any other 

Federal, State, or local law; 

(3) alters any duly adopted land use regulation, approved 

land use plan, or other regulatory authority of any Federal, 

State or local agency, or conveys any land use or other regulatory authority to the management entity; 

(4) authorizes or implies the reservation or appropriation 

of water or water rights; 

(5) diminishes the authority of the State to manage fish 

and wildlife, including the regulation of fishing and hunting 

within the Heritage Area; or 

(6) creates any liability, or affects any liability under any 

other law, of any private property owner with respect to any 

person injured on the private property. 

(g) EVALUATION; REPORT.— 

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

on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— 

(A) conduct an evaluation of the accomplishments of 

the Heritage Area; and 

(B) prepare a report in accordance with paragraph 

(3). 

(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall— 

(A) assess the progress of the management entity with 

respect to— 

(i) accomplishing the purposes of this section for 

the Heritage Area; and 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1229 

(ii) achieving the goals and objectives of the 

approved management plan for the Heritage Area; 

(B) analyze the Federal, State, local, and private 

investments in the Heritage Area to determine the leverage 

and impact of the investments; and 

(C) review the management structure, partnership 

relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. 

(3) REPORT.— (A) IN GENERAL.—Based on the evaluation conducted 

under paragraph (1)(A), the Secretary shall prepare a 

report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the 

Heritage Area. 

(B) REQUIRED ANALYSIS.—If the report prepared under 

subparagraph (A) recommends that Federal funding for 

the Heritage Area be reauthorized, the report shall include 

an analysis of— 

(i) ways in which Federal funding for the Heritage 

Area may be reduced or eliminated; and 

(ii) the appropriate time period necessary to 

achieve the recommended reduction or elimination. 

(C) SUBMISSION TO CONGRESS.—On completion of the 

report, the Secretary shall submit the report to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of the 

House of Representatives. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $10,000,000, of which 

not more than $1,000,000 may be made available for any fiscal 

year. 

(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 

to provide assistance under this section terminates on the date 

that is 15 years after the date of enactment of this Act. 

SEC. 8002. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA, 

COLORADO. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

Cache La Poudre River National Heritage Area established 

by subsection (b)(1). 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Poudre Heritage Alliance, the local 

coordinating entity for the Heritage Area designated by subsection (b)(4). 

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

means the management plan for the Heritage Area required 

under subsection (d)(1). 

(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Cache 

La Poudre River National Heritage Area’’, numbered 960/ 

80,003, and dated April, 2004. 

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

of the Interior. 

(6) STATE.—The term ‘‘State’’ means the State of Colorado. 

(b) CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA.— 

16 USC 461 note. 


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123 STAT. 1230 PUBLIC LAW 111–11—MAR. 30, 2009 

(1) ESTABLISHMENT.—There is established in the State the 

Cache La Poudre River National Heritage Area. 

(2) BOUNDARIES.—The Heritage Area shall consist of the 

area depicted on the map. 

(3) MAP.—The map shall be on file and available for public 

inspection in the appropriate offices of— 

(A) the National Park Service; and 

(B) the local coordinating entity. 

(4) LOCAL COORDINATING ENTITY.—The local coordinating 

entity for the Heritage Area shall be the Poudre Heritage 

Alliance, a nonprofit organization incorporated in the State. 

(c) ADMINISTRATION.— 

(1) AUTHORITIES.—To carry out the management plan, the 

Secretary, acting through the local coordinating entity, may 

use amounts made available under this section— 

(A) to make grants to the State (including any political 

subdivision of the State), nonprofit organizations, and other 

individuals; 

(B) to enter into cooperative agreements with, or provide technical assistance to, the State (including any political subdivision of the State), nonprofit organizations, and 

other interested parties; 

(C) to hire and compensate staff, which shall include 

individuals with expertise in natural, cultural, and historical resource protection, and heritage programming; 

(D) to obtain funds or services from any source, 

including funds or services that are provided under any 

other Federal law or program; 

(E) to enter into contracts for goods or services; and 

(F) to serve as a catalyst for any other activity that— 

(i) furthers the purposes and goals of the Heritage 

Area; and 

(ii) is consistent with the approved management 

plan. 

(2) DUTIES.—The local coordinating entity shall— 

(A) in accordance with subsection (d), prepare and 

submit to the Secretary a management plan for the Heritage Area; 

(B) assist units of local government, regional planning 

organizations, and nonprofit organizations in carrying out 

the approved management plan by— 

(i) carrying out programs and projects that recognize, protect, and enhance important resource values 

located in the Heritage Area; 

(ii) establishing and maintaining interpretive 

exhibits and programs in the Heritage Area; 

(iii) developing recreational and educational 

opportunities in the Heritage Area; 

(iv) increasing public awareness of, and appreciation for, the natural, historical, scenic, and cultural 

resources of the Heritage Area; 

(v) protecting and restoring historic sites and 

buildings in the Heritage Area that are consistent with 

Heritage Area themes; 

(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and 

Management 

plan. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1231 

sites of interest, are posted throughout the Heritage 

Area; and 

(vii) promoting a wide range of partnerships among 

governments, organizations, and individuals to further 

the Heritage Area; 

(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the 

Heritage Area in the preparation and implementation of 

the management plan; 

(D) conduct meetings open to the public at least semiannually regarding the development and implementation 

of the management plan; 

(E) for any year for which Federal funds have been 

received under this section— 

(i) submit an annual report to the Secretary that 

describes the activities, expenses, and income of the 

local coordinating entity (including grants to any other 

entities during the year that the report is made); 

(ii) make available to the Secretary for audit all 

records relating to the expenditure of the funds and 

any matching funds; and 

(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make 

available to the Secretary for audit all records concerning the expenditure of the funds; and 

(F) encourage by appropriate means economic viability 

that is consistent with the Heritage Area. 

(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.— 

The local coordinating entity shall not use Federal funds made 

available under this section to acquire real property or any 

interest in real property. 

(d) MANAGEMENT PLAN.— 

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

of enactment of this Act, the local coordinating entity shall 

submit to the Secretary for approval a proposed management 

plan for the Heritage Area. 

(2) REQUIREMENTS.—The management plan shall— 

(A) incorporate an integrated and cooperative approach 

for the protection, enhancement, and interpretation of the 

natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area; 

(B) take into consideration State and local plans; 

(C) include— 

(i) an inventory of the resources located in the 

Heritage Area; 

(ii) comprehensive policies, strategies, and recommendations for conservation, funding, management, 

and development of the Heritage Area; 

(iii) a description of actions that governments, private organizations, and individuals have agreed to take 

to protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage 

Area; 

(iv) a program of implementation for the management plan by the local coordinating entity that includes 

a description of— 

Deadline. 

Records. 

Records. 

Deadline. 

Reports. 

Public 

information. 

Deadlines. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 1232 PUBLIC LAW 111–11—MAR. 30, 2009 

(I) actions to facilitate ongoing collaboration 

among partners to promote plans for resource 

protection, restoration, and construction; and 

(II) specific commitments for implementation 

that have been made by the local coordinating 

entity or any government, organization, or individual for the first 5 years of operation; 

(v) the identification of sources of funding for carrying out the management plan; 

(vi) analysis and recommendations for means by 

which local, State, and Federal programs, including 

the role of the National Park Service in the Heritage 

Area, may best be coordinated to carry out this section; 

and 

(vii) an interpretive plan for the Heritage Area; 

and 

(D) recommend policies and strategies for resource 

management that consider and detail the application of 

appropriate land and water management techniques, 

including the development of intergovernmental and interagency cooperative agreements to protect the natural, cultural, historic, scenic, educational, and recreational 

resources of the Heritage Area. 

(3) DEADLINE.—If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the 

date of enactment of this Act, the local coordinating entity 

shall be ineligible to receive additional funding under this 

section until the date on which the Secretary approves a 

management plan. 

(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.— 

(A) IN GENERAL.—Not later than 180 days after the 

date of receipt of the management plan under paragraph 

(1), the Secretary, in consultation with the State, shall 

approve or disapprove the management plan. 

(B) CRITERIA FOR APPROVAL.—In determining whether 

to approve the management plan, the Secretary shall consider whether— 

(i) the local coordinating entity is representative 

of the diverse interests of the Heritage Area, including 

governments, natural and historic resource protection 

organizations, educational institutions, businesses, and 

recreational organizations; 

(ii) the local coordinating entity has afforded adequate opportunity, including public hearings, for public 

and governmental involvement in the preparation of 

the management plan; and 

(iii) the resource protection and interpretation 

strategies contained in the management plan, if implemented, would adequately protect the natural, cultural, 

historic, scenic, educational, and recreational resources 

of the Heritage Area. 

(C) ACTION FOLLOWING DISAPPROVAL.—If the Secretary 

disapproves the management plan under subparagraph (A), 

the Secretary shall— 

(i) advise the local coordinating entity in writing 

of the reasons for the disapproval; 

Deadline. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1233 

(ii) make recommendations for revisions to the 

management plan; and 

(iii) not later than 180 days after the date of receipt 

of any proposed revision of the management plan from 

the local coordinating entity, approve or disapprove 

the proposed revision. 

(5) AMENDMENTS.— (A) IN GENERAL.—The Secretary shall approve or disapprove each amendment to the management plan that 

the Secretary determines would make a substantial change 

to the management plan. 

(B) USE OF FUNDS.—The local coordinating entity shall 

not use Federal funds authorized to be appropriated by 

this section to carry out any amendments to the management plan until the Secretary has approved the amendments. 

(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the 

authority of a Federal agency to provide technical or financial 

assistance under any other law (including regulations). 

(2) CONSULTATION AND COORDINATION.—To the maximum 

extent practicable, the head of any Federal agency planning 

to conduct activities that may have an impact on the Heritage 

Area is encouraged to consult and coordinate the activities 

with the Secretary and the local coordinating entity. 

(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 

(A) modifies, alters, or amends any law (including any 

regulation) authorizing a Federal agency to manage Federal 

land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land manager 

to implement an approved land use plan within the boundaries of the Heritage Area; or 

(C) modifies, alters, or amends any authorized use 

of Federal land under the jurisdiction of a Federal agency. 

(f) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.— Nothing in this section— 

(1) abridges the rights of any public or private property 

owner, including the right to refrain from participating in any 

plan, project, program, or activity conducted within the Heritage Area; 

(2) requires any property owner— 

(A) to permit public access (including access by Federal, 

State, or local agencies) to the property of the property 

owner; or 

(B) to modify public access or use of property of the 

property owner under any other Federal, State, or local 

law; 

(3) alters any duly adopted land use regulation, approved 

land use plan, or other regulatory authority of any Federal, 

State, or local agency; 

(4) conveys any land use or other regulatory authority 

to the local coordinating entity; 

(5) authorizes or implies the reservation or appropriation 

of water or water rights; 

(6) diminishes the authority of the State to manage fish 

and wildlife, including the regulation of fishing and hunting 

within the Heritage Area; or 

Deadline. 

Recommendations. 


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123 STAT. 1234 PUBLIC LAW 111–11—MAR. 30, 2009 

(7) creates any liability, or affects any liability under any 

other law (including regulations), of any private property owner 

with respect to any individual injured on the private property. 

(g) EVALUATION; REPORT.— (1) IN GENERAL.—Not later than 3 years before the date 

on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— 

(A) conduct an evaluation of the accomplishments of 

the Heritage Area; and 

(B) prepare a report in accordance with paragraph 

(3). 

(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall— 

(A) assess the progress of the local coordinating entity 

with respect to— 

(i) accomplishing the purposes of this section for 

the Heritage Area; and 

(ii) achieving the goals and objectives of the 

approved management plan for the Heritage Area; 

(B) analyze the Federal, State, local, and private 

investments in the Heritage Area to determine the leverage 

and impact of the investments; and 

(C) review the management structure, partnership 

relationships, and funding of the Heritage Area to identify 

the critical components for sustainability of the Heritage 

Area. 

(3) REPORT.— 

(A) IN GENERAL.—Based on the evaluation conducted 

under paragraph (1)(A), the Secretary shall prepare a 

report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the 

Heritage Area. 

(B) REQUIRED ANALYSIS.—If the report prepared under 

subparagraph (A) recommends that Federal funding for 

the Heritage Area be reauthorized, the report shall include 

an analysis of— 

(i) ways in which Federal funding for the Heritage 

Area may be reduced or eliminated; and 

(ii) the appropriate time period necessary to 

achieve the recommended reduction or elimination. 

(C) SUBMISSION TO CONGRESS.—On completion of the 

report, the Secretary shall submit the report to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of the 

House of Representatives. 

(h) FUNDING.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $10,000,000, 

of which not more than $1,000,000 may be made available 

for any fiscal year. 

(2) COST-SHARING REQUIREMENT.—The Federal share of the 

cost of any activity carried out using any assistance made 

available under this section shall be 50 percent. 

(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 

to provide assistance under this section terminates on the date 

that is 15 years after the date of enactment of this Act. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1235 

(j) CONFORMING AMENDMENT.—The Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public Law 104–323) is repealed. 

SEC. 8003. SOUTH PARK NATIONAL HERITAGE AREA, COLORADO. 

(a) DEFINITIONS.—In this section: 

(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the South Park National Heritage Area, comprised initially of the individuals, agencies, organizations, and governments that were involved in the planning and development 

of the Heritage Area before the date of enactment of this 

Act. 

(2) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

South Park National Heritage Area established by subsection 

(b)(1). 

(3) MANAGEMENT ENTITY.—The term ‘‘management entity’’ 

means the management entity for the Heritage Area designated 

by subsection (b)(4)(A). 

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

means the management plan for the Heritage Area required 

by subsection (d). 

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

Park National Heritage Area Map (Proposed)’’, dated January 

30, 2006. 

(6) PARTNER.—The term ‘‘partner’’ means a Federal, State, 

or local governmental entity, organization, private industry, 

educational institution, or individual involved in the conservation, preservation, interpretation, development or promotion 

of heritage sites or resources of the Heritage Area. 

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

of the Interior. 

(8) STATE.—The term ‘‘State’’ means the State of Colorado. 

(9) TECHNICAL ASSISTANCE.—The term ‘‘technical assistance’’ means any guidance, advice, help, or aid, other than 

financial assistance, provided by the Secretary. 

(b) SOUTH PARK NATIONAL HERITAGE AREA.— (1) ESTABLISHMENT.—There is established in the State the 

South Park National Heritage Area. 

(2) BOUNDARIES.—The Heritage Area shall consist of the 

areas included in the map. 

(3) MAP.—A map of the Heritage Area shall be— 

(A) included in the management plan; and 

(B) on file and available for public inspection in the 

appropriate offices of the National Park Service. 

(4) MANAGEMENT ENTITY.— 

(A) IN GENERAL.—The management entity for the 

Heritage Area shall be the Park County Tourism & 

Community Development Office, in conjunction with the 

South Park National Heritage Area Board of Directors. 

(B) MEMBERSHIP REQUIREMENTS.—Members of the 

Board shall include representatives from a broad crosssection of individuals, agencies, organizations, and governments that were involved in the planning and development 

of the Heritage Area before the date of enactment of this 

Act. 

(c) ADMINISTRATION.— (1) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.— The management entity shall not use Federal funds made 

16 USC 461 note. 


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123 STAT. 1236 PUBLIC LAW 111–11—MAR. 30, 2009 

available under this section to acquire real property or any 

interest in real property. 

(2) AUTHORITIES.—For purposes of carrying out the 

management plan, the Secretary, acting through the management entity, may use amounts made available under this section to— 

(A) make grants to the State or a political subdivision 

of the State, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements with, or provide 

technical assistance to, the State or a political subdivision 

of the State, nonprofit organizations, and other interested 

parties; 

(C) hire and compensate staff, which shall include 

individuals with expertise in natural, cultural, and historical resources protection, fundraising, heritage facility planning and development, and heritage tourism programming; 

(D) obtain funds or services from any source, including 

funds or services that are provided under any other Federal 

law or program; 

(E) enter into contracts for goods or services; and 

(F) to facilitate the conduct of other projects and activities that further the Heritage Area and are consistent 

with the approved management plan. 

(3) DUTIES.—The management entity shall— 

(A) in accordance with subsection (d), prepare and 

submit a management plan for the Heritage Area to the 

Secretary; 

(B) assist units of local government, local property 

owners and businesses, and nonprofit organizations in carrying out the approved management plan by— 

(i) carrying out programs and projects that recognize, protect, enhance, and promote important resource 

values in the Heritage Area; 

(ii) establishing and maintaining interpretive 

exhibits and programs in the Heritage Area; 

(iii) developing economic, recreational and educational opportunities in the Heritage Area; 

(iv) increasing public awareness of, and appreciation for, historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area; 

(v) protecting and restoring historic sites and 

buildings in the Heritage Area that are consistent with 

Heritage Area themes; 

(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and 

sites of interest are posted throughout the Heritage 

Area; 

(vii) promoting a wide range of partnerships among 

governments, organizations, and individuals to further 

the Heritage Area; and 

(viii) planning and developing new heritage attractions, products and services; 

(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the 

Heritage Area in the preparation and implementation of 

the management plan; 

Management 

plan. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1237 

(D) conduct meetings open to the public at least semiannually regarding the development and implementation 

of the management plan; 

(E) for any year for which Federal funds have been 

received under this section— 

(i) submit to the Secretary an annual report that 

describes the activities, expenses, and income of the 

management entity (including grants to any other entities during the year that the report is made); 

(ii) make available to the Secretary for audit all 

records relating to the expenditure of the Federal funds 

and any matching funds; and 

(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make 

available to the Secretary for audit all records concerning the expenditure of the funds; and 

(F) encourage by appropriate means economic viability 

that is consistent with the Heritage Area. 

(4) COST-SHARING REQUIREMENT.—The Federal share of the 

cost of any activity carried out using any assistance made 

available under this section shall be 50 percent. 

(d) MANAGEMENT PLAN.— 

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

of enactment of this Act, the management entity, with public 

participation, shall submit to the Secretary for approval a proposed management plan for the Heritage Area. 

(2) REQUIREMENTS.—The management plan shall— 

(A) incorporate an integrated and cooperative approach 

for the protection, enhancement, interpretation, development, and promotion of the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area; 

(B) take into consideration State and local plans; 

(C) include— 

(i) an inventory of— 

(I) the resources located within the areas 

included in the map; and 

(II) any other eligible and participating property within the areas included in the map that— 

(aa) is related to the themes of the Heritage Area; and 

(bb) should be preserved, restored, managed, maintained, developed, or promoted 

because of the significance of the property; 

(ii) comprehensive policies, strategies, and recommendations for conservation, funding, management, 

development, and promotion of the Heritage Area; 

(iii) a description of actions that governments, private organizations, and individuals have agreed to take 

to manage protect the historical, cultural, scenic, recreational, agricultural, and natural resources of the 

Heritage Area; 

(iv) a program of implementation for the management plan by the management entity that includes 

a description of— 

Deadline. 

Records. 

Records. 

Deadline. 

Reports. 

Public 

information. 

Deadlines. 


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123 STAT. 1238 PUBLIC LAW 111–11—MAR. 30, 2009 

(I) actions to facilitate ongoing and effective 

collaboration among partners to promote plans for 

resource protection, enhancement, interpretation, 

restoration, and construction; and 

(II) specific commitments for implementation 

that have been made by the management entity 

or any government, organization, or individual for 

the first 5 years of operation; 

(v) the identification of sources of funding for carrying out the management plan; 

(vi) an analysis of and recommendations for means 

by which Federal, State, and local programs, including 

the role of the National Park Service in the Heritage 

Area, may best be coordinated to carry out this section; 

and 

(vii) an interpretive plan for the Heritage Area; 

and 

(D) recommend policies and strategies for resource 

management that consider and detail the application of 

appropriate land and water management techniques, 

including the development of intergovernmental and interagency cooperative agreements to protect the historical, 

cultural, scenic, recreational, agricultural, and natural 

resources of the Heritage Area. 

(3) DEADLINE.—If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the 

date of enactment of this Act, the management entity shall 

be ineligible to receive additional funding under this section 

until the date on which the Secretary receives and approves 

the management plan. 

(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.— 

(A) IN GENERAL.—Not later than 180 days after the 

date of receipt of the management plan under paragraph 

(1), the Secretary, in consultation with the State, shall 

approve or disapprove the management plan. 

(B) CRITERIA FOR APPROVAL.—In determining whether 

to approve the management plan, the Secretary shall consider whether— 

(i) the management entity is representative of the 

diverse interests of the Heritage Area, including 

governments, natural and historical resource protection 

organizations, educational institutions, local businesses 

and industries, community organizations, recreational 

organizations, and tourism organizations; 

(ii) the management entity has afforded adequate 

opportunity, including public hearings, for public and 

governmental involvement in the preparation of the 

management plan; and 

(iii) strategies contained in the management plan, 

if implemented, would adequately balance the voluntary protection, development, and interpretation of 

the natural, historical, cultural, scenic, recreational, 

and agricultural resources of the Heritage Area. 

(C) ACTION FOLLOWING DISAPPROVAL.—If the Secretary 

disapproves the management plan under subparagraph (A), 

the Secretary shall— 

Deadline. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1239 

(i) advise the management entity in writing of 

the reasons for the disapproval; 

(ii) make recommendations for revisions to the 

management plan; and 

(iii) not later than 180 days after the receipt of 

any proposed revision of the management plan from 

the management entity, approve or disapprove the proposed revision. 

(D) AMENDMENTS.— 

(i) IN GENERAL.—The Secretary shall approve or 

disapprove each amendment to the management plan 

that the Secretary determines makes a substantial 

change to the management plan. 

(ii) USE OF FUNDS.—The management entity shall 

not use Federal funds authorized by this section to 

carry out any amendments to the management plan 

until the Secretary has approved the amendments. 

(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the 

authority of a Federal agency to provide technical or financial 

assistance under any other law. 

(2) CONSULTATION AND COORDINATION.—The head of any 

Federal agency planning to conduct activities that may have 

an impact on the Heritage Area is encouraged to consult and 

coordinate the activities with the Secretary and the management entity to the maximum extent practicable. 

(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 

(A) modifies, alters, or amends any law or regulation 

authorizing a Federal agency to manage Federal land under 

the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land manager 

to implement an approved land use plan within the boundaries of the Heritage Area; or 

(C) modifies, alters, or amends any authorized use 

of Federal land under the jurisdiction of a Federal agency. 

(f) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.— 

Nothing in this section— 

(1) abridges the rights of any property owner (whether 

public or private), including the right to refrain from participating in any plan, project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner to permit public access 

(including access by Federal, State, or local agencies) to the 

property of the property owner, or to modify public access 

or use of property of the property owner under any other 

Federal, State, or local law; 

(3) alters any duly adopted land use regulation, approved 

land use plan, or other regulatory authority of any Federal, 

State or local agency, or conveys any land use or other regulatory authority to the management entity; 

(4) authorizes or implies the reservation or appropriation 

of water or water rights; 

(5) diminishes the authority of the State to manage fish 

and wildlife, including the regulation of fishing and hunting 

within the Heritage Area; or 

Deadline. 

Recommendations. 


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123 STAT. 1240 PUBLIC LAW 111–11—MAR. 30, 2009 

(6) creates any liability, or affects any liability under any 

other law, of any private property owner with respect to any 

person injured on the private property. 

(g) EVALUATION; REPORT.— (1) IN GENERAL.—Not later than 3 years before the date 

on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— 

(A) conduct an evaluation of the accomplishments of 

the Heritage Area; and 

(B) prepare a report in accordance with paragraph 

(3). 

(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall— 

(A) assess the progress of the management entity with 

respect to— 

(i) accomplishing the purposes of this section for 

the Heritage Area; and 

(ii) achieving the goals and objectives of the 

approved management plan for the Heritage Area; 

(B) analyze the Federal, State, local, and private 

investments in the Heritage Area to determine the leverage 

and impact of the investments; and 

(C) review the management structure, partnership 

relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. 

(3) REPORT.— 

(A) IN GENERAL.—Based on the evaluation conducted 

under paragraph (1)(A), the Secretary shall prepare a 

report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the 

Heritage Area. 

(B) REQUIRED ANALYSIS.—If the report prepared under 

subparagraph (A) recommends that Federal funding for 

the Heritage Area be reauthorized, the report shall include 

an analysis of— 

(i) ways in which Federal funding for the Heritage 

Area may be reduced or eliminated; and 

(ii) the appropriate time period necessary to 

achieve the recommended reduction or elimination. 

(C) SUBMISSION TO CONGRESS.—On completion of the 

report, the Secretary shall submit the report to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of the 

House of Representatives. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $10,000,000, of which 

not more than $1,000,000 may be made available for any fiscal 

year. 

(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 

to provide assistance under this section terminates on the date 

that is 15 years after the date of enactment of this Act. 

SEC. 8004. NORTHERN PLAINS NATIONAL HERITAGE AREA, NORTH 

DAKOTA. 

(a) DEFINITIONS.—In this section: 

16 USC 461 note. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1241 

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

Northern Plains National Heritage Area established by subsection (b)(1). 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Northern Plains Heritage Foundation, 

the local coordinating entity for the Heritage Area designated 

by subsection (c)(1). 

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

means the management plan for the Heritage Area required 

under subsection (d). 

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

of the Interior. 

(5) STATE.—The term ‘‘State’’ means the State of North 

Dakota. 

(b) ESTABLISHMENT.— (1) IN GENERAL.—There is established the Northern Plains 

National Heritage Area in the State of North Dakota. 

(2) BOUNDARIES.—The Heritage Area shall consist of— 

(A) a core area of resources in Burleigh, McLean, 

Mercer, Morton, and Oliver Counties in the State; and 

(B) any sites, buildings, and districts within the core 

area recommended by the management plan for inclusion 

in the Heritage Area. 

(3) MAP.—A map of the Heritage Area shall be— 

(A) included in the management plan; and 

(B) on file and available for public inspection in the 

appropriate offices of the local coordinating entity and the 

National Park Service. 

(c) LOCAL COORDINATING ENTITY.— 

(1) IN GENERAL.—The local coordinating entity for the 

Heritage Area shall be the Northern Plains Heritage Foundation, a nonprofit corporation established under the laws of 

the State. 

(2) DUTIES.—To further the purposes of the Heritage Area, 

the Northern Plains Heritage Foundation, as the local coordinating entity, shall— 

(A) prepare a management plan for the Heritage Area, 

and submit the management plan to the Secretary, in 

accordance with this section; 

(B) submit an annual report to the Secretary for each 

fiscal year for which the local coordinating entity receives 

Federal funds under this section, specifying— 

(i) the specific performance goals and accomplishments of the local coordinating entity; 

(ii) the expenses and income of the local coordinating entity; 

(iii) the amounts and sources of matching funds; 

(iv) the amounts leveraged with Federal funds and 

sources of the leveraged funds; and 

(v) grants made to any other entities during the 

fiscal year; 

(C) make available for audit for each fiscal year for 

which the local coordinating entity receives Federal funds 

under this section, all information pertaining to the 

expenditure of the funds and any matching funds; and 

(D) encourage economic viability and sustainability 

that is consistent with the purposes of the Heritage Area. 

Records. 

Deadline. 

Reports. 

Management 

plan. 


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123 STAT. 1242 PUBLIC LAW 111–11—MAR. 30, 2009 

(3) AUTHORITIES.—For the purposes of preparing and implementing the approved management plan for the Heritage Area, 

the local coordinating entity may use Federal funds made available under this section to— 

(A) make grants to political jurisdictions, nonprofit 

organizations, and other parties within the Heritage Area; 

(B) enter into cooperative agreements with or provide 

technical assistance to political jurisdictions, nonprofit 

organizations, Federal agencies, and other interested parties; 

(C) hire and compensate staff, including individuals 

with expertise in— 

(i) natural, historical, cultural, educational, scenic, 

and recreational resource conservation; 

(ii) economic and community development; and 

(iii) heritage planning; 

(D) obtain funds or services from any source, including 

other Federal programs; 

(E) contract for goods or services; and 

(F) support activities of partners and any other activities that further the purposes of the Heritage Area and 

are consistent with the approved management plan. 

(4) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 

local coordinating entity may not use Federal funds authorized 

to be appropriated under this section to acquire any interest 

in real property. 

(5) OTHER SOURCES.—Nothing in this section precludes the 

local coordinating entity from using Federal funds from other 

sources for authorized purposes. 

(d) MANAGEMENT PLAN.— 

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

of enactment of this Act, the local coordinating entity shall 

submit to the Secretary for approval a proposed management 

plan for the Heritage Area. 

(2) REQUIREMENTS.—The management plan for the Heritage Area shall— 

(A) describe comprehensive policies, goals, strategies, 

and recommendations for telling the story of the heritage 

of the area covered by the Heritage Area and encouraging 

long-term resource protection, enhancement, interpretation, 

funding, management, and development of the Heritage 

Area; 

(B) include a description of actions and commitments 

that Federal, State, tribal, and local governments, private 

organizations, and citizens will take to protect, enhance, 

interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational 

resources of the Heritage Area; 

(C) specify existing and potential sources of funding 

or economic development strategies to protect, enhance, 

interpret, fund, manage, and develop the Heritage Area; 

(D) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the 

Heritage Area relating to the national importance and 

themes of the Heritage Area that should be protected, 

enhanced, interpreted, managed, funded, and developed; 

Deadline. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1243 

(E) recommend policies and strategies for resource 

management, including the development of intergovernmental and interagency agreements to protect, enhance, 

interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational 

resources of the Heritage Area; 

(F) describe a program for implementation for the 

management plan, including— 

(i) performance goals; 

(ii) plans for resource protection, enhancement, 

interpretation, funding, management, and development; and 

(iii) specific commitments for implementation that 

have been made by the local coordinating entity or 

any Federal, State, tribal, or local government agency, 

organization, business, or individual; 

(G) include an analysis of, and recommendations for, 

means by which Federal, State, tribal, and local programs 

may best be coordinated (including the role of the National 

Park Service and other Federal agencies associated with 

the Heritage Area) to further the purposes of this section; 

and 

(H) include a business plan that— 

(i) describes the role, operation, financing, and 

functions of the local coordinating entity and of each 

of the major activities described in the management 

plan; and 

(ii) provides adequate assurances that the local 

coordinating entity has the partnerships and financial 

and other resources necessary to implement the 

management plan for the Heritage Area. 

(3) DEADLINE.— 

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

date on which funds are first made available to develop 

the management plan after designation of the Heritage 

Area, the local coordinating entity shall submit the 

management plan to the Secretary for approval. 

(B) TERMINATION OF FUNDING.—If the management 

plan is not submitted to the Secretary in accordance with 

subparagraph (A), the local coordinating entity shall not 

qualify for any additional financial assistance under this 

section until such time as the management plan is submitted to and approved by the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after receiving 

the plan, the Secretary shall review and approve or disapprove the management plan for the Heritage Area on 

the basis of the criteria established under subparagraph 

(B). 

(B) CRITERIA FOR APPROVAL.—In determining whether 

to approve a management plan for the Heritage Area, 

the Secretary shall consider whether— 

(i) the local coordinating entity represents the 

diverse interests of the Heritage Area, including Federal, State, tribal, and local governments, natural, and 

historic resource protection organizations, educational 

Deadline. 


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123 STAT. 1244 PUBLIC LAW 111–11—MAR. 30, 2009 

institutions, businesses, recreational organizations, 

community residents, and private property owners; 

(ii) the local coordinating entity— 

(I) has afforded adequate opportunity for 

public and Federal, State, tribal, and local governmental involvement (including through workshops 

and hearings) in the preparation of the management plan; and 

(II) provides for at least semiannual public 

meetings to ensure adequate implementation of 

the management plan; 

(iii) the resource protection, enhancement, 

interpretation, funding, management, and development 

strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, 

fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources 

of the Heritage Area; 

(iv) the management plan would not adversely 

affect any activities authorized on Federal land under 

public land laws or land use plans; 

(v) the local coordinating entity has demonstrated 

the financial capability, in partnership with others, 

to carry out the plan; 

(vi) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective 

implementation of the State, tribal, and local elements 

of the management plan; and 

(vii) the management plan demonstrates partnerships among the local coordinating entity, Federal, 

State, tribal, and local governments, regional planning 

organizations, nonprofit organizations, or private sector 

parties for implementation of the management plan. 

(C) DISAPPROVAL.— (i) IN GENERAL.—If the Secretary disapproves the 

management plan, the Secretary— 

(I) shall advise the local coordinating entity 

in writing of the reasons for the disapproval; and 

(II) may make recommendations to the local 

coordinating entity for revisions to the management plan. 

(ii) DEADLINE.—Not later than 180 days after 

receiving a revised management plan, the Secretary 

shall approve or disapprove the revised management 

plan. 

(D) AMENDMENTS.— 

(i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of 

the Heritage Area shall be reviewed by the Secretary 

and approved or disapproved in the same manner as 

the original management plan. 

(ii) IMPLEMENTATION.—The local coordinating 

entity shall not use Federal funds authorized to be 

appropriated by this section to implement an amendment to the management plan until the Secretary 

approves the amendment. 

Review. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1245 

(E) AUTHORITIES.—The Secretary may— 

(i) provide technical assistance under this section 

for the development and implementation of the 

management plan; and 

(ii) enter into cooperative agreements with 

interested parties to carry out this section. 

(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— (1) IN GENERAL.—Nothing in this section affects the 

authority of a Federal agency to provide technical or financial 

assistance under any other law. 

(2) TECHNICAL AND FINANCIAL ASSISTANCE.— (A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide financial assistance and, on a reimbursable or nonreimbursable basis, 

technical assistance to the local coordinating entity to 

develop and implement the management plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may 

enter into cooperative agreements with the local coordinating entity and other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(C) PRIORITY.—In assisting the Heritage Area, the Secretary shall give priority to actions that assist in— 

(i) conserving the significant natural, historic, cultural, and scenic resources of the Heritage Area; and 

(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes 

of the Heritage Area. 

(3) CONSULTATION AND COORDINATION.—To the maximum 

extent practicable, the head of any Federal agency planning 

to conduct activities that may have an impact on the Heritage 

Area is encouraged to consult and coordinate the activities 

with the Secretary and the local coordinating entity. 

(4) OTHER FEDERAL AGENCIES.—Nothing in this section— 

(A) modifies or alters any laws (including regulations) 

authorizing a Federal agency to manage Federal land under 

the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land manager 

to implement an approved land use plan within the boundaries of the Heritage Area; or 

(C) modifies, alters, or amends any authorized use 

of Federal land under the jurisdiction of a Federal agency. 

(f) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.— 

Nothing in this section— 

(1) abridges the rights of any owner of public or private 

property, including the right to refrain from participating in 

any plan, project, program, or activity conducted within the 

Heritage Area; 

(2) requires any property owner to— 

(A) permit public access (including access by Federal, 

State, or local agencies) to the property of the property 

owner; or 

(B) modify public access to, or use of, the property 

of the property owner under any other Federal, State, 

or local law; 

(3) alters any duly adopted land use regulation, approved 

land use plan, or other regulatory authority of any Federal, 

State, tribal, or local agency; 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 1246 PUBLIC LAW 111–11—MAR. 30, 2009 

(4) conveys any land use or other regulatory authority 

to the local coordinating entity; 

(5) authorizes or implies the reservation or appropriation 

of water or water rights; 

(6) diminishes the authority of the State to manage fish 

and wildlife, including the regulation of fishing and hunting 

within the Heritage Area; or 

(7) creates any liability, or affects any liability under any 

other law, of any private property owner with respect to any 

person injured on the private property. 

(g) EVALUATION; REPORT.— (1) IN GENERAL.—Not later than 3 years before the date 

on which authority for Federal funding terminates for the Heritage Area under subsection (i), the Secretary shall— 

(A) conduct an evaluation of the accomplishments of 

the Heritage Area; and 

(B) prepare a report in accordance with paragraph 

(3). 

(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall— 

(A) assess the progress of the local coordinating entity 

with respect to— 

(i) accomplishing the purposes of this section for 

the Heritage Area; and 

(ii) achieving the goals and objectives of the 

approved management plan for the Heritage Area; 

(B) analyze the Federal, State, local, and private 

investments in the Heritage Area to determine the leverage 

and impact of the investments; and 

(C) review the management structure, partnership 

relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. 

(3) REPORT.— 

(A) IN GENERAL.—Based on the evaluation conducted 

under paragraph (1)(A), the Secretary shall prepare a 

report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the 

Heritage Area. 

(B) REQUIRED ANALYSIS.—If the report prepared under 

subparagraph (A) recommends that Federal funding for 

the Heritage Area be reauthorized, the report shall include 

an analysis of— 

(i) ways in which Federal funding for the Heritage 

Area may be reduced or eliminated; and 

(ii) the appropriate time period necessary to 

achieve the recommended reduction or elimination. 

(C) SUBMISSION TO CONGRESS.—On completion of the 

report, the Secretary shall submit the report to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of the 

House of Representatives. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be appropriated to carry out this section $10,000,000, of which not more than 

$1,000,000 may be made available for any fiscal year. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1247 

(2) COST-SHARING REQUIREMENT.— (A) IN GENERAL.—The Federal share of the total cost 

of any activity under this section shall be not more than 

50 percent. 

(B) FORM.—The non-Federal contribution may be in 

the form of in-kind contributions of goods or services fairly 

valued. 

(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 

to provide assistance under this section terminates on the date 

that is 15 years after the date of enactment of this Act. 

SEC. 8005. BALTIMORE NATIONAL HERITAGE AREA, MARYLAND. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

Baltimore National Heritage Area, established by subsection 

(b)(1). 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for the Heritage Area designated by subsection (b)(4). 

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

means the management plan for the Heritage Area required 

under subsection (c)(1)(A). 

(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Baltimore National Heritage Area’’, numbered T10/80,000, and dated 

October 2007. 

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

of the Interior. 

(6) STATE.—The term ‘‘State’’ means the State of Maryland. 

(b) BALTIMORE NATIONAL HERITAGE AREA.— 

(1) ESTABLISHMENT.—There is established the Baltimore 

National Heritage Area in the State. 

(2) BOUNDARIES.—The Heritage Area shall be comprised 

of the following areas, as described on the map: 

(A) The area encompassing the Baltimore City Heritage 

Area certified by the Maryland Heritage Areas Authority 

in October 2001 as part of the Baltimore City Heritage 

Area Management Action Plan. 

(B) The Mount Auburn Cemetery. 

(C) The Cylburn Arboretum. 

(D) The Middle Branch of the Patapsco River and 

surrounding shoreline, including— 

(i) the Cruise Maryland Terminal; 

(ii) new marina construction; 

(iii) the National Aquarium Aquatic Life Center; 

(iv) the Westport Redevelopment; 

(v) the Gwynns Falls Trail; 

(vi) the Baltimore Rowing Club; and 

(vii) the Masonville Cove Environmental Center. 

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

available for public inspection in the appropriate offices of 

the National Park Service and the Baltimore Heritage Area 

Association. 

(4) LOCAL COORDINATING ENTITY.—The Baltimore Heritage 

Area Association shall be the local coordinating entity for the 

Heritage Area. 

(c) DUTIES AND AUTHORITIES OF LOCAL COORDINATING

ENTITY.— 

16 USC 461 note. 


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123 STAT. 1248 PUBLIC LAW 111–11—MAR. 30, 2009 

(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating 

entity shall— 

(A) prepare, and submit to the Secretary, in accordance 

with subsection (d), a management plan for the Heritage 

Area; 

(B) assist units of local government, regional planning 

organizations, and nonprofit organizations in implementing 

the approved management plan by— 

(i) carrying out programs and projects that recognize, protect, and enhance important resource values 

within the Heritage Area; 

(ii) establishing and maintaining interpretive 

exhibits and programs within the Heritage Area; 

(iii) developing recreational and educational 

opportunities in the Heritage Area; 

(iv) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources 

of the Heritage Area; 

(v) protecting and restoring historic sites and 

buildings in the Heritage Area that are consistent with 

the themes of the Heritage Area; 

(vi) ensuring that signs identifying points of public 

access and sites of interest are posted throughout the 

Heritage Area; and 

(vii) promoting a wide range of partnerships among 

governments, organizations, and individuals to further 

the purposes of the Heritage Area; 

(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the 

Heritage Area in the preparation and implementation of 

the management plan; 

(D) conduct meetings open to the public at least semiannually regarding the development and implementation 

of the management plan; 

(E) submit an annual report to the Secretary for each 

fiscal year for which the local coordinating entity receives 

Federal funds under this section specifying— 

(i) the accomplishments of the local coordinating 

entity; 

(ii) the expenses and income of the local coordinating entity; 

(iii) the amounts and sources of matching funds; 

(iv) the amounts leveraged with Federal funds and 

sources of the leveraged funds; and 

(v) grants made to any other entities during the 

fiscal year; 

(F) make available for audit for each fiscal year for 

which the local coordinating entity receives Federal funds 

under this section, all information pertaining to the 

expenditure of the funds and any matching funds; 

(G) require in all agreements authorizing expenditures 

of Federal funds by other organizations, that the receiving 

organizations make available for audit all records and other 

information pertaining to the expenditure of the funds; 

and 

Records. 

Records. 

Deadline. 

Reports. 

Public 

information. 

Deadlines. 

Management 

plan. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1249 

(H) encourage, by appropriate means, economic 

development that is consistent with the purposes of the 

Heritage Area. 

(2) AUTHORITIES.—The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes 

of preparing and implementing the management plan, use Federal funds made available under this section to— 

(A) make grants to the State, political subdivisions 

of the State, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements with, or provide 

technical assistance to, the State, political subdivisions of 

the State, nonprofit organizations, Federal agencies, and 

other interested parties; 

(C) hire and compensate staff; 

(D) obtain funds or services from any source, including 

funds and services provided under any other Federal law 

or program; 

(E) contract for goods or services; and 

(F) support activities of partners and any other activities that further the purposes of the Heritage Area and 

are consistent with the approved management plan. 

(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 

local coordinating entity may not use Federal funds received 

under this section to acquire any interest in real property. 

(d) MANAGEMENT PLAN.— 

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

on which funds are made available to develop the management 

plan, the local coordinating entity shall submit to the Secretary 

for approval a proposed management plan for the Heritage 

Area. 

(2) REQUIREMENTS.—The management plan for the Heritage Area shall— 

(A) describe comprehensive policies, goals, strategies, 

and recommendations for telling the story of the heritage 

of the region and encouraging long-term resource protection, enhancement, interpretation, funding, management, 

and development of the Heritage Area; 

(B) take into consideration existing State, county, and 

local plans in the development and implementation of the 

management plan; 

(C) include a description of actions and commitments 

that governments, private organizations, and citizens plan 

to take to protect, enhance, and interpret the natural, 

historic, scenic, and cultural resources of the Heritage Area; 

(D) specify existing and potential sources of funding 

or economic development strategies to protect, enhance, 

interpret, fund, manage, and develop the Heritage Area; 

(E) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the 

Heritage Area relating to the stories and themes of the 

region that should be protected, enhanced, managed, or 

developed; 

(F) recommend policies and strategies for resource 

management including, the development of intergovernmental and interagency agreements to protect the natural, 

historic, cultural, educational, scenic, and recreational 

resources of the Heritage Area; 

Deadline. 


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123 STAT. 1250 PUBLIC LAW 111–11—MAR. 30, 2009 

(G) describe a program for implementation of the 

management plan, including— 

(i) performance goals; 

(ii) plans for resource protection, enhancement, 

and interpretation; and 

(iii) specific commitments for implementation that 

have been made by the local coordinating entity or 

any government, organization, business, or individual; 

(H) include an analysis of, and recommendations for, 

ways in which Federal, State, tribal, and local programs 

may best be coordinated (including the role of the National 

Park Service and other Federal agencies associated with 

the Heritage Area) to further the purposes of this section; 

(I) include an interpretive plan for the Heritage Area; 

and 

(J) include a business plan that— 

(i) describes the role, operation, financing, and 

functions of the local coordinating entity and of each 

of the major activities described in the management 

plan; and 

(ii) provides adequate assurances that the local 

coordinating entity has the partnerships and financial 

and other resources necessary to implement the 

management plan for the Heritage Area. 

(3) TERMINATION OF FUNDING.—If the management plan 

is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional 

financial assistance under this section until the management 

plan is submitted to, and approved by, the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after the date 

on which the Secretary receives the management plan, 

the Secretary shall approve or disapprove the management 

plan. 

(B) CONSULTATION REQUIRED.—The Secretary shall 

consult with the Governor of the State and any tribal 

government in which the Heritage Area is located before 

approving the management plan. 

(C) CRITERIA FOR APPROVAL.—In determining whether 

to approve the management plan, the Secretary shall consider whether— 

(i) the local coordinating entity represents the 

diverse interests of the Heritage Area, including 

governments, natural and historic resource protection 

organizations, educational institutions, businesses, 

community residents, and recreational organizations; 

(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public 

meetings) in the preparation of the management plan; 

(iii) the resource protection and interpretation 

strategies described in the management plan, if implemented, would adequately protect the natural, historic, 

and cultural resources of the Heritage Area; 

(iv) the management plan would not adversely 

affect any activities authorized on Federal or tribal 

land under applicable laws or land use plans; 

Deadline. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1251 

(v) the Secretary has received adequate assurances 

from the appropriate State, tribal, and local officials 

whose support is needed to ensure the effective 

implementation of the State, tribal, and local aspects 

of the management plan; and 

(vi) the local coordinating entity has demonstrated 

the financial capability, in partnership with others, 

to carry out the management plan. 

(D) ACTION FOLLOWING DISAPPROVAL.— (i) IN GENERAL.—If the Secretary disapproves the 

management plan, the Secretary— 

(I) shall advise the local coordinating entity 

in writing of the reasons for the disapproval; and 

(II) may make recommendations to the local 

coordinating entity for revisions to the management plan. 

(ii) DEADLINE.—Not later than 180 days after 

receiving a revised management plan, the Secretary 

shall approve or disapprove the revised management 

plan. 

(E) AMENDMENTS.— 

(i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of 

the Heritage Area shall be reviewed by the Secretary 

and approved or disapproved in the same manner as 

the original management plan. 

(ii) IMPLEMENTATION.—The local coordinating 

entity shall not use Federal funds authorized to be 

appropriated by this section to implement an amendment to the management plan until the Secretary 

approves the amendment. 

(e) DUTIES AND AUTHORITIES OF THE SECRETARY.— 

(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

(A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide technical and 

financial assistance, on a reimbursable or nonreimbursable 

basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management 

plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may 

enter into cooperative agreements with the local coordinating entity and other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(C) PRIORITY.—In assisting the Heritage Area, the Secretary shall give priority to actions that assist in— 

(i) conserving the significant natural, historic, cultural, and scenic resources of the Heritage Area; and 

(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes 

of the Heritage Area. 

(2) EVALUATION; REPORT.— (A) IN GENERAL.—Not later than 3 years before the 

date on which authority for Federal funding terminates 

for the Heritage Area under subsection (i), the Secretary 

shall— 

(i) conduct an evaluation of the accomplishments 

of the Heritage Area; and 

Review. 


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123 STAT. 1252 PUBLIC LAW 111–11—MAR. 30, 2009 

(ii) prepare a report with recommendations for 

the future role of the National Park Service, if any, 

with respect to the Heritage Area, in accordance with 

subparagraph (C). 

(B) EVALUATION.—An evaluation conducted under 

subparagraph (A)(i) shall— 

(i) assess the progress of the local coordinating 

entity with respect to— 

(I) accomplishing the purposes of this section 

for the Heritage Area; and 

(II) achieving the goals and objectives of the 

approved management plan for the Heritage Area; 

(ii) analyze the Federal, State, local, and private 

investments in the Heritage Area to determine the 

leverage and impact of the investments; and 

(iii) review the management structure, partnership 

relationships, and funding of the Heritage Area for 

purposes of identifying the critical components for 

sustainability of the Heritage Area. 

(C) REPORT.— 

(i) IN GENERAL.—Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall 

prepare a report that includes recommendations for 

the future role of the National Park Service, if any, 

with respect to the Heritage Area. 

(ii) REQUIRED ANALYSIS.—If the report prepared 

under this subparagraph recommends that Federal 

funding for the Heritage Area be reauthorized, the 

report shall include an analysis of— 

(I) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; and 

(II) the appropriate time period necessary to 

achieve the recommended reduction or elimination. 

(iii) SUBMISSION TO CONGRESS.—On completion of 

a report under this subparagraph, the Secretary shall 

submit the report to— 

(I) the Committee on Energy and Natural 

Resources of the Senate; and 

(II) the Committee on Natural Resources of 

the House of Representatives. 

(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the 

authority of a Federal agency to provide technical or financial 

assistance under any other law. 

(2) CONSULTATION AND COORDINATION.—To the maximum 

extent practicable, the head of any Federal agency planning 

to conduct activities that may have an impact on the Heritage 

Area is encouraged to consult and coordinate the activities 

with the Secretary and the local coordinating entity. 

(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 

(A) modifies, alters, or amends any laws (including 

regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land manager 

to implement an approved land use plan within the boundaries of the Heritage Area; or 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1253 

(C) modifies, alters, or amends any authorized use 

of Federal land under the jurisdiction of a Federal agency. 

(g) PROPERTY OWNERS AND REGULATORY PROTECTIONS.— 

Nothing in this section— 

(1) abridges the rights of any owner of public or private 

property, including the right to refrain from participating in 

any plan, project, program, or activity conducted within the 

Heritage Area; 

(2) requires any property owner to— 

(A) permit public access (including Federal, tribal, 

State, or local government access) to the property; or 

(B) modify any provisions of Federal, tribal, State, 

or local law with regard to public access or use of private 

land; 

(3) alters any duly adopted land use regulations, approved 

land use plan, or any other regulatory authority of any Federal, 

State, or local agency, or tribal government; 

(4) conveys any land use or other regulatory authority 

to the local coordinating entity; 

(5) authorizes or implies the reservation or appropriation 

of water or water rights; 

(6) diminishes the authority of the State to manage fish 

and wildlife, including the regulation of fishing and hunting 

within the Heritage Area; or 

(7) creates any liability, or affects any liability under any 

other law, of any private property owner with respect to any 

person injured on the private property. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

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

to carry out this section $10,000,000, of which not more than 

$1,000,000 may be made available for any fiscal year. 

(2) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the total cost 

of any activity under this section shall be not more than 

50 percent. 

(B) FORM.—The non-Federal contribution— 

(i) shall be from non-Federal sources; and 

(ii) may be in the form of in-kind contributions 

of goods or services fairly valued. 

(i) TERMINATION OF EFFECTIVENESS.—The authority of the Secretary to provide assistance under this section terminates on the 

date that is 15 years after the date of enactment of this Act. 

SEC. 8006. FREEDOM’S WAY NATIONAL HERITAGE AREA, MASSACHUSETTS AND NEW HAMPSHIRE. 

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

(1) to foster a close working relationship between the Secretary and all levels of government, the private sector, and 

local communities in the States of Massachusetts and New 

Hampshire; 

(2) to assist the entities described in paragraph (1) to 

preserve the special historic identity of the Heritage Area; 

and 

(3) to manage, preserve, protect, and interpret the cultural, 

historic, and natural resources of the Heritage Area for the 

educational and inspirational benefit of future generations. 

(b) DEFINITIONS.—In this section: 

16 USC 461 note. 


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123 STAT. 1254 PUBLIC LAW 111–11—MAR. 30, 2009 

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

Freedom’s Way National Heritage Area established by subsection (c)(1). 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for the Heritage Area designated by subsection (c)(4). 

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

means the management plan for the Heritage Area required 

under subsection (d)(1)(A). 

(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Freedom’s Way National Heritage Area’’, numbered T04/80,000, and 

dated July 2007. 

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

of the Interior. 

(c) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established the Freedom’s Way 

National Heritage Area in the States of Massachusetts and 

New Hampshire. 

(2) BOUNDARIES.— 

(A) IN GENERAL.—The boundaries of the Heritage Area 

shall be as generally depicted on the map. 

(B) REVISION.—The boundaries of the Heritage Area 

may be revised if the revision is— 

(i) proposed in the management plan; 

(ii) approved by the Secretary in accordance with 

subsection (e)(4); and 

(iii) placed on file in accordance with paragraph 

(3). 

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

available for public inspection in the appropriate offices of 

the National Park Service and the local coordinating entity. 

(4) LOCAL COORDINATING ENTITY.—The Freedom’s Way 

Heritage Association, Inc., shall be the local coordinating entity 

for the Heritage Area. 

(d) DUTIES AND AUTHORITIES OF LOCAL COORDINATING

ENTITY.— 

(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating 

entity shall— 

(A) prepare, and submit to the Secretary, in accordance 

with subsection (e), a management plan for the Heritage 

Area; 

(B) assist units of local government, regional planning 

organizations, and nonprofit organizations in implementing 

the approved management plan by— 

(i) carrying out programs and projects that recognize and protect important resource values within the 

Heritage Area; 

(ii) establishing and maintaining interpretive 

exhibits and programs within the Heritage Area; 

(iii) developing recreational and educational 

opportunities in the Heritage Area; 

(iv) increasing public awareness of, and appreciation for, natural, historic, and cultural resources of 

the Heritage Area; 

Management 

plan. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1255 

(v) protecting and restoring historic buildings in 

the Heritage Area that are consistent with the themes 

of the Heritage Area; and 

(vi) ensuring that signs identifying points of public 

access and sites of interest are posted throughout the 

Heritage Area; 

(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the 

Heritage Area in the preparation and implementation of 

the management plan; 

(D) conduct meetings open to the public at least quarterly regarding the development and implementation of 

the management plan; 

(E) submit an annual report to the Secretary for each 

fiscal year for which the local coordinating entity receives 

Federal funds under this section specifying— 

(i) the accomplishments of the local coordinating 

entity; 

(ii) the expenses and income of the local coordinating entity; 

(iii) the amounts and sources of matching funds; 

(iv) the amounts leveraged with Federal funds and 

sources of the leveraged funds; and 

(v) grants made to any other entities during the 

fiscal year; 

(F) make available for audit for each fiscal year for 

which the local coordinating entity receives Federal funds 

under this section, all information pertaining to the 

expenditure of the funds and any matching funds; 

(G) require in all agreements authorizing expenditures 

of Federal funds by other organizations, that the receiving 

organizations make available for audit all records and other 

information pertaining to the expenditure of the funds; 

and 

(H) encourage, by appropriate means, economic 

development that is consistent with the purposes of the 

Heritage Area. 

(2) AUTHORITIES.—The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes 

of preparing and implementing the management plan, use Federal funds made available under this section to— 

(A) make grants to the States of Massachusetts and 

New Hampshire, political subdivisions of the States, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements with, or provide 

technical assistance to, the States of Massachusetts and 

New Hampshire, political subdivisions of the States, nonprofit organizations, Federal agencies, and other interested 

parties; 

(C) hire and compensate staff; 

(D) obtain funds or services from any source, including 

funds and services provided under any other Federal law 

or program; 

(E) contract for goods or services; and 

(F) support activities of partners and any other activities that further the purposes of the Heritage Area and 

are consistent with the approved management plan. 

Records. 

Records. 

Deadline. 

Reports. 

Public 

information. 

Deadlines. 


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123 STAT. 1256 PUBLIC LAW 111–11—MAR. 30, 2009 

(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 

local coordinating entity may not use Federal funds received 

under this section to acquire any interest in real property. 

(4) USE OF FUNDS FOR NON-FEDERAL PROPERTY.—The local 

coordinating entity may use Federal funds made available 

under this section to assist non-Federal property that is— 

(A) described in the management plan; or 

(B) listed, or eligible for listing, on the National Register of Historic Places. 

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

on which funds are made available to develop the management 

plan, the local coordinating entity shall submit to the Secretary 

for approval a proposed management plan for the Heritage 

Area. 

(2) REQUIREMENTS.—The management plan for the Heritage Area shall— 

(A) describe comprehensive policies, goals, strategies, 

and recommendations for the conservation, funding, 

management, and development of the Heritage Area; 

(B) take into consideration existing State, county, and 

local plans in the development and implementation of the 

management plan; 

(C) provide a framework for coordination of the plans 

considered under subparagraph (B) to present a unified 

historic preservation and interpretation plan; 

(D) contain the contributions of residents, public agencies, and private organizations within the Heritage Area; 

(E) include a description of actions and commitments 

that governments, private organizations, and citizens plan 

to take to protect, enhance, and interpret the natural, 

historic, scenic, and cultural resources of the Heritage Area; 

(F) specify existing and potential sources of funding 

or economic development strategies to conserve, manage, 

and develop the Heritage Area; 

(G) include an inventory of the natural, historic, and 

recreational resources of the Heritage Area, including a 

list of properties that— 

(i) are related to the themes of the Heritage Area; 

and 

(ii) should be conserved, restored, managed, developed, or maintained; 

(H) recommend policies and strategies for resource 

management that— 

(i) apply appropriate land and water management 

techniques; 

(ii) include the development of intergovernmental 

and interagency agreements to protect the natural, 

historic, and cultural resources of the Heritage Area; 

and 

(iii) support economic revitalization efforts; 

(I) describe a program for implementation of the 

management plan, including— 

(i) restoration and construction plans or goals; 

(ii) a program of public involvement; 

(iii) annual work plans; and 

(iv) annual reports; 

Deadline. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1257 

(J) include an analysis of, and recommendations for, 

ways in which Federal, State, tribal, and local programs 

may best be coordinated (including the role of the National 

Park Service and other Federal agencies associated with 

the Heritage Area) to further the purposes of this section; 

(K) include an interpretive plan for the Heritage Area; 

and 

(L) include a business plan that— 

(i) describes the role, operation, financing, and 

functions of the local coordinating entity and of each 

of the major activities described in the management 

plan; and 

(ii) provides adequate assurances that the local 

coordinating entity has the partnerships and financial 

and other resources necessary to implement the 

management plan for the Heritage Area. 

(3) TERMINATION OF FUNDING.—If the management plan 

is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional 

financial assistance under this section until the management 

plan is submitted to, and approved by, the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after the date 

on which the Secretary receives the management plan, 

the Secretary shall approve or disapprove the management 

plan. 

(B) CRITERIA FOR APPROVAL.—In determining whether 

to approve the management plan, the Secretary shall consider whether— 

(i) the local coordinating entity represents the 

diverse interests of the Heritage Area, including 

governments, natural and historic resource protection 

organizations, educational institutions, businesses, 

community residents, and recreational organizations; 

(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public 

meetings) in the preparation of the management plan; 

(iii) the resource protection and interpretation 

strategies described in the management plan, if implemented, would adequately protect the natural, historic, 

and cultural resources of the Heritage Area; 

(iv) the management plan would not adversely 

affect any activities authorized on Federal or tribal 

land under applicable laws or land use plans; 

(v) the Secretary has received adequate assurances 

from the appropriate State, tribal, and local officials 

whose support is needed to ensure the effective 

implementation of the State, tribal, and local aspects 

of the management plan; and 

(vi) the local coordinating entity has demonstrated 

the financial capability, in partnership with others, 

to carry out the management plan. 

(C) ACTION FOLLOWING DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the 

management plan, the Secretary— 

Deadline. 


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123 STAT. 1258 PUBLIC LAW 111–11—MAR. 30, 2009 

(I) shall advise the local coordinating entity 

in writing of the reasons for the disapproval; and 

(II) may make recommendations to the local 

coordinating entity for revisions to the management plan. 

(ii) DEADLINE.—Not later than 180 days after 

receiving a revised management plan, the Secretary 

shall approve or disapprove the revised management 

plan. 

(D) AMENDMENTS.— 

(i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of 

the Heritage Area shall be reviewed by the Secretary 

and approved or disapproved in the same manner as 

the original management plan. 

(ii) IMPLEMENTATION.—The local coordinating 

entity shall not use Federal funds authorized to be 

appropriated by this section to implement an amendment to the management plan until the Secretary 

approves the amendment. 

(f) DUTIES AND AUTHORITIES OF THE SECRETARY.— 

(1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

(A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide technical and 

financial assistance, on a reimbursable or nonreimbursable 

basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management 

plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may 

enter into cooperative agreements with the local coordinating entity and other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(C) PRIORITY.—In assisting the Heritage Area, the Secretary shall give priority to actions that assist in— 

(i) conserving the significant natural, historic, and 

cultural resources of the Heritage Area; and 

(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes 

of the Heritage Area. 

(2) EVALUATION; REPORT.— 

(A) IN GENERAL.—Not later than 3 years before the 

date on which authority for Federal funding terminates 

for the Heritage Area under subsection (j), the Secretary 

shall— 

(i) conduct an evaluation of the accomplishments 

of the Heritage Area; and 

(ii) prepare a report with recommendations for 

the future role of the National Park Service, if any, 

with respect to the Heritage Area, in accordance with 

subparagraph (C). 

(B) EVALUATION.—An evaluation conducted under 

subparagraph (A)(i) shall— 

(i) assess the progress of the local coordinating 

entity with respect to— 

(I) accomplishing the purposes of this section 

for the Heritage Area; and 

Review. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1259 

(II) achieving the goals and objectives of the 

approved management plan for the Heritage Area; 

(ii) analyze the Federal, State, local, and private 

investments in the Heritage Area to determine the 

leverage and impact of the investments; and 

(iii) review the management structure, partnership 

relationships, and funding of the Heritage Area for 

purposes of identifying the critical components for 

sustainability of the Heritage Area. 

(C) REPORT.— (i) IN GENERAL.—Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall 

prepare a report that includes recommendations for 

the future role of the National Park Service, if any, 

with respect to the Heritage Area. 

(ii) REQUIRED ANALYSIS.—If the report prepared 

under this subparagraph recommends that Federal 

funding for the Heritage Area be reauthorized, the 

report shall include an analysis of— 

(I) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; and 

(II) the appropriate time period necessary to 

achieve the recommended reduction or elimination. 

(iii) SUBMISSION TO CONGRESS.—On completion of 

a report under this subparagraph, the Secretary shall 

submit the report to— 

(I) the Committee on Energy and Natural 

Resources of the Senate; and 

(II) the Committee on Natural Resources of 

the House of Representatives. 

(g) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the 

authority of a Federal agency to provide technical or financial 

assistance under any other law. 

(2) CONSULTATION AND COORDINATION.—To the maximum 

extent practicable, the head of any Federal agency planning 

to conduct activities that may have an impact on the Heritage 

Area is encouraged to consult and coordinate the activities 

with the Secretary and the local coordinating entity. 

(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 

(A) modifies, alters, or amends any laws (including 

regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land manager 

to implement an approved land use plan within the boundaries of the Heritage Area; or 

(C) modifies, alters, or amends any authorized use 

of Federal land under the jurisdiction of a Federal agency. 

(h) PROPERTY OWNERS AND REGULATORY PROTECTIONS.— 

Nothing in this section— 

(1) abridges the rights of any owner of public or private 

property, including the right to refrain from participating in 

any plan, project, program, or activity conducted within the 

Heritage Area; 

(2) requires any property owner to— 

(A) permit public access (including Federal, tribal, 

State, or local government access) to the property; or 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 1260 PUBLIC LAW 111–11—MAR. 30, 2009 

(B) modify any provisions of Federal, tribal, State, 

or local law with regard to public access or use of private 

land; 

(3) alters any duly adopted land use regulations, approved 

land use plan, or any other regulatory authority of any Federal, 

State, or local agency, or tribal government; 

(4) conveys any land use or other regulatory authority 

to the local coordinating entity; 

(5) authorizes or implies the reservation or appropriation 

of water or water rights; 

(6) diminishes the authority of the States of Massachusetts 

and New Hampshire to manage fish and wildlife, including 

the regulation of fishing and hunting within the Heritage Area; 

or 

(7) creates any liability, or affects any liability under any 

other law, of any private property owner with respect to any 

person injured on the private property. 

(i) AUTHORIZATION OF APPROPRIATIONS.— 

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

to carry out this section $10,000,000, of which not more than 

$1,000,000 may be made available for any fiscal year. 

(2) AVAILABILITY.—Funds made available under paragraph 

(1) shall remain available until expended. 

(3) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the total cost 

of any activity under this section shall be not more than 

50 percent. 

(B) FORM.—The non-Federal contribution may be in 

the form of in-kind contributions of goods or services fairly 

valued. 

(j) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of 

the Secretary to provide financial assistance under this section 

terminates on the date that is 15 years after the date of enactment 

of this Act. 

SEC. 8007. MISSISSIPPI HILLS NATIONAL HERITAGE AREA. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

Mississippi Hills National Heritage Area established by subsection (b)(1). 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for Heritage 

Area designated by subsection (b)(3)(A). 

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

means the management plan for the Heritage Area required 

under subsection (c)(1)(A). 

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

of the Interior. 

(5) STATE.—The term ‘‘State’’ means the State of Mississippi. 

(b) MISSISSIPPI HILLS NATIONAL HERITAGE AREA.— (1) ESTABLISHMENT.—There is established the Mississippi 

Hills National Heritage Area in the State. 

(2) BOUNDARIES.— 

(A) AFFECTED COUNTIES.—The Heritage Area shall consist of all, or portions of, as specified by the boundary 

description in subparagraph (B), Alcorn, Attala, Benton, 

16 USC 461 note. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1261 

Calhoun, Carroll, Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes, Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, 

Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha Counties in the State. 

(B) BOUNDARY DESCRIPTION.—The Heritage Area shall 

have the following boundary description: 

(i) traveling counterclockwise, the Heritage Area 

shall be bounded to the west by U.S. Highway 51 

from the Tennessee State line until it intersects Interstate 55 (at Geeslin Corner approximately 1⁄2 mile due 

north of Highway Interchange 208); 

(ii) from this point, Interstate 55 shall be the 

western boundary until it intersects with Mississippi 

Highway 12 at Highway Interchange 156, the intersection of which shall be the southwest terminus of the 

Heritage Area; 

(iii) from the southwest terminus, the boundary 

shall— 

(I) extend east along Mississippi Highway 12 

until it intersects U.S. Highway 51; 

(II) follow Highway 51 south until it is intersected again by Highway 12; 

(III) extend along Highway 12 into downtown 

Kosciusko where it intersects Mississippi Highway 

35; 

(IV) follow Highway 35 south until it is intersected by Mississippi Highway 14; and 

(V) extend along Highway 14 until it reaches 

the Alabama State line, the intersection of which 

shall be the southeast terminus of the Heritage 

Area; 

(iv) from the southeast terminus, the boundary 

of the Heritage Area shall follow the Mississippi-Alabama State line until it reaches the Mississippi-Tennessee State line, the intersection of which shall be 

the northeast terminus of the Heritage Area; and 

(v) the boundary shall extend due west until it 

reaches U.S. Highway 51, the intersection of which 

shall be the northwest terminus of the Heritage Area. 

(3) LOCAL COORDINATING ENTITY.— 

(A) IN GENERAL.—The local coordinating entity for the 

Heritage Area shall be the Mississippi Hills Heritage Area 

Alliance, a nonprofit organization registered by the State, 

with the cooperation and support of the University of Mississippi. 

(B) BOARD OF DIRECTORS.— 

(i) IN GENERAL.—The local coordinating entity shall 

be governed by a Board of Directors comprised of not 

more than 30 members. 

(ii) COMPOSITION.—Members of the Board of Directors shall consist of— 

(I) not more than 1 representative from each 

of the counties described in paragraph (2)(A); and 

(II) any ex-officio members that may be 

appointed by the Board of Directors, as the Board 

of Directors determines to be necessary. 

Designation. 


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123 STAT. 1262 PUBLIC LAW 111–11—MAR. 30, 2009 

(c) DUTIES AND AUTHORITIES OF LOCAL COORDINATING

ENTITY.— 

(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating 

entity shall— 

(A) prepare, and submit to the Secretary, in accordance 

with subsection (d), a management plan for the Heritage 

Area; 

(B) assist units of local government, regional planning 

organizations, and nonprofit organizations in implementing 

the approved management plan by— 

(i) establishing and maintaining interpretive 

exhibits and programs within the Heritage Area; 

(ii) developing recreational opportunities in the 

Heritage Area; 

(iii) increasing public awareness of, and appreciation for, natural, historical, cultural, archaeological, 

and recreational resources of the Heritage Area; 

(iv) restoring historic sites and buildings in the 

Heritage Area that are consistent with the themes 

of the Heritage Area; and 

(v) carrying out any other activity that the local 

coordinating entity determines to be consistent with 

this section; 

(C) conduct meetings open to the public at least 

annually regarding the development and implementation 

of the management plan; 

(D) submit an annual report to the Secretary for each 

fiscal year for which the local coordinating entity receives 

Federal funds under this section specifying— 

(i) the accomplishments of the local coordinating 

entity; 

(ii) the expenses and income of the local coordinating entity; 

(iii) the amounts and sources of matching funds; 

(iv) the amounts leveraged with Federal funds and 

sources of the leveraged funds; and 

(v) grants made to any other entities during the 

fiscal year; 

(E) make available for audit for each fiscal year for 

which the local coordinating entity receives Federal funds 

under this section, all information pertaining to the 

expenditure of the funds and any matching funds; 

(F) require in all agreements authorizing expenditures 

of Federal funds by other organizations, that the receiving 

organizations make available for audit all records and other 

information pertaining to the expenditure of the funds; 

and 

(G) ensure that each county included in the Heritage 

Area is appropriately represented on any oversight advisory 

committee established under this section to coordinate the 

Heritage Area. 

(2) AUTHORITIES.—The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes 

of preparing and implementing the management plan, use Federal funds made available under this section to— 

Records. 

Records. 

Deadline. 

Reports. 

Public 

information. 

Deadline. 

Management 

plan. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1263 

(A) make grants and loans to the State, political subdivisions of the State, nonprofit organizations, and other 

persons; 

(B) enter into cooperative agreements with, or provide 

technical assistance to, the State, political subdivisions of 

the State, nonprofit organizations, and other organizations; 

(C) hire and compensate staff; 

(D) obtain funds or services from any source, including 

funds and services provided under any other Federal law 

or program; and 

(E) contract for goods or services. 

(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 

local coordinating entity may not use Federal funds received 

under this section to acquire any interest in real property. 

(d) MANAGEMENT PLAN.— 

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

on which funds are made available to develop the management 

plan, the local coordinating entity shall submit to the Secretary 

for approval a proposed management plan for the Heritage 

Area. 

(2) REQUIREMENTS.—The management plan for the Heritage Area shall— 

(A) provide recommendations for the preservation, conservation, enhancement, funding, management, interpretation, development, and promotion of the cultural, historical, 

archaeological, natural, and recreational resources of the 

Heritage Area; 

(B) specify existing and potential sources of funding 

or economic development strategies to protect, enhance, 

interpret, fund, manage, and develop the Heritage Area; 

(C) include— 

(i) an inventory of the natural, historical, cultural, 

archaeological, and recreational resources of the Heritage Area; and 

(ii) an analysis of how Federal, State, tribal, and 

local programs may best be coordinated to promote 

and carry out this section; 

(D) provide recommendations for educational and 

interpretive programs to provide information to the public 

on the resources of the Heritage Area; and 

(E) involve residents of affected communities and tribal 

and local governments. 

(3) TERMINATION OF FUNDING.—If the management plan 

is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after the date 

on which the Secretary receives the management plan, 

the Secretary shall approve or disapprove the management 

plan. 

(B) CONSULTATION REQUIRED.—The Secretary shall 

consult with the Governor of the State and any tribal 

government in which the Heritage Area is located before 

approving the management plan. 

Deadline. 

Deadline. 


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123 STAT. 1264 PUBLIC LAW 111–11—MAR. 30, 2009 

(C) CRITERIA FOR APPROVAL.—In determining whether 

to approve the management plan, the Secretary shall consider whether— 

(i) the local coordinating entity represents the 

diverse interests of the Heritage Area, including 

governments, natural and historical resource protection 

organizations, educational institutions, businesses, 

community residents, and recreational organizations; 

(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public 

meetings) in the preparation of the management plan; 

(iii) the resource protection and interpretation 

strategies described in the management plan, if implemented, would adequately protect the natural, historical, cultural, archaeological, and recreational resources 

of the Heritage Area; 

(iv) the management plan would not adversely 

affect any activities authorized on Federal or tribal 

land under applicable laws or land use plans; 

(v) the Secretary has received adequate assurances 

from the appropriate State, tribal, and local officials 

whose support is needed to ensure the effective 

implementation of the State, tribal, and local aspects 

of the management plan; and 

(vi) the local coordinating entity has demonstrated 

the financial capability, in partnership with others, 

to carry out the management plan. 

(D) ACTION FOLLOWING DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the 

management plan, the Secretary— 

(I) shall advise the local coordinating entity 

in writing of the reasons for the disapproval; and 

(II) may make recommendations to the local 

coordinating entity for revisions to the management plan. 

(ii) DEADLINE.—Not later than 180 days after 

receiving a revised management plan, the Secretary 

shall approve or disapprove the revised management 

plan. 

(E) REVIEW; AMENDMENTS.— 

(i) IN GENERAL.—After approval by the Secretary 

of the management plan, the Alliance shall periodically— 

(I) review the management plan; and 

(II) submit to the Secretary, for review and 

approval by the Secretary, any recommendations 

for revisions to the management plan. 

(ii) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of 

the Heritage Area shall be reviewed by the Secretary 

and approved or disapproved in the same manner as 

the original management plan. 

(iii) IMPLEMENTATION.—The local coordinating 

entity shall not use Federal funds authorized to be 

Recommendations. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1265 

appropriated by this section to implement an amendment to the management plan until the Secretary 

approves the amendment. 

(e) DUTIES AND AUTHORITIES OF THE SECRETARY.— (1) TECHNICAL AND FINANCIAL ASSISTANCE.— (A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide technical and 

financial assistance, on a reimbursable or nonreimbursable 

basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management 

plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may 

enter into cooperative agreements with the local coordinating entity and other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(C) PRIORITY.—In assisting the Heritage Area, the Secretary shall give priority to actions that assist in— 

(i) conserving the significant natural, historical, 

cultural, archaeological, and recreational resources of 

the Heritage Area; and 

(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes 

of the Heritage Area. 

(2) EVALUATION; REPORT.— 

(A) IN GENERAL.—Not later than 3 years before the 

date on which authority for Federal funding terminates 

for the Heritage Area under subsection (i), the Secretary 

shall— 

(i) conduct an evaluation of the accomplishments 

of the Heritage Area; and 

(ii) prepare a report with recommendations for 

the future role of the National Park Service, if any, 

with respect to the Heritage Area, in accordance with 

subparagraph (C). 

(B) EVALUATION.—An evaluation conducted under 

subparagraph (A)(i) shall— 

(i) assess the progress of the local coordinating 

entity with respect to— 

(I) accomplishing the purposes of this section 

for the Heritage Area; and 

(II) achieving the goals and objectives of the 

approved management plan for the Heritage Area; 

(ii) analyze the Federal, State, local, and private 

investments in the Heritage Area to determine the 

leverage and impact of the investments; and 

(iii) review the management structure, partnership 

relationships, and funding of the Heritage Area for 

purposes of identifying the critical components for 

sustainability of the Heritage Area. 

(C) REPORT.— 

(i) IN GENERAL.—Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall 

prepare a report that includes recommendations for 

the future role of the National Park Service, if any, 

with respect to the Heritage Area. 

(ii) REQUIRED ANALYSIS.—If the report prepared 

under this subparagraph recommends that Federal 


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123 STAT. 1266 PUBLIC LAW 111–11—MAR. 30, 2009 

funding for the Heritage Area be reauthorized, the 

report shall include an analysis of— 

(I) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; and 

(II) the appropriate time period necessary to 

achieve the recommended reduction or elimination. 

(iii) SUBMISSION TO CONGRESS.—On completion of 

a report under this subparagraph, the Secretary shall 

submit the report to— 

(I) the Committee on Energy and Natural 

Resources of the Senate; and 

(II) the Committee on Natural Resources of 

the House of Representatives. 

(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— (1) IN GENERAL.—Nothing in this section affects the 

authority of a Federal agency to provide technical or financial 

assistance under any other law. 

(2) CONSULTATION AND COORDINATION.—To the maximum 

extent practicable, the head of any Federal agency planning 

to conduct activities that may have an impact on the Heritage 

Area is encouraged to consult and coordinate the activities 

with the Secretary and the local coordinating entity. 

(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 

(A) modifies, alters, or amends any laws (including 

regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land manager 

to implement an approved land use plan within the boundaries of the Heritage Area; or 

(C) modifies, alters, or amends any authorized use 

of Federal land under the jurisdiction of a Federal agency. 

(g) EFFECT.— 

(1) PROPERTY OWNERS AND REGULATORY PROTECTIONS.— 

Nothing in this section— 

(A) abridges the rights of any owner of public or private 

property, including the right to refrain from participating 

in any plan, project, program, or activity conducted within 

the Heritage Area; 

(B) requires any property owner to— 

(i) permit public access (including Federal, tribal, 

State, or local government access) to the property; or 

(ii) modify any provisions of Federal, tribal, State, 

or local law with regard to public access or use of 

private land; 

(C) alters any duly adopted land use regulations, 

approved land use plan, or any other regulatory authority 

of any Federal, State, or local agency, or tribal government; 

(D) conveys any land use or other regulatory authority 

to the local coordinating entity; 

(E) authorizes or implies the reservation or appropriation of water or water rights; 

(F) diminishes the authority of the State to manage 

fish and wildlife, including the regulation of fishing and 

hunting within the Heritage Area; or 

(G) creates any liability, or affects any liability under 

any other law, of any private property owner with respect 

to any person injured on the private property. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1267 

(2) NO EFFECT ON INDIAN TRIBES.—Nothing in this section— 

(A) restricts an Indian tribe from protecting cultural 

or religious sites on tribal land; or 

(B) diminishes the trust responsibilities or governmentto-government obligations of the United States to any 

Indian tribe recognized by the Federal Government. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

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

to carry out this section $10,000,000, of which not more than 

$1,000,000 may be made available for any fiscal year. 

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

(3) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the total cost 

of any activity under this section shall be not more than 

50 percent. 

(B) FORM.—The non-Federal contribution— 

(i) shall be from non-Federal sources; and 

(ii) may be in the form of in-kind contributions 

of goods or services fairly valued. 

(i) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of 

the Secretary to provide financial assistance under this section 

terminates on the date that is 15 years after the date of enactment 

of this Act. 

SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA. 

(a) DEFINITIONS.—In this section: 

(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the local coordinating entity. 

(2) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

Mississippi Delta National Heritage Area established by subsection (b)(1). 

(3) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for the Heritage Area designated by subsection (b)(4)(A). 

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

means the management plan for the Heritage Area developed 

under subsection (d). 

(5) MAP.—The term ‘‘map’’ means the map entitled ‘‘Mississippi Delta National Heritage Area’’, numbered T13/80,000, 

and dated April 2008. 

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

of the Interior. 

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

(b) ESTABLISHMENT.— 

(1) ESTABLISHMENT.—There is established in the State the 

Mississippi Delta National Heritage Area. 

(2) BOUNDARIES.—The Heritage Area shall include all counties in the State that contain land located in the alluvial 

floodplain of the Mississippi Delta, including Bolivar, Carroll, 

Coahoma, Desoto, Holmes, Humphreys, Issaquena, Leflore, 

Panola, Quitman, Sharkey, Sunflower, Tallahatchie, Tate, 

Tunica, Warren, Washington, and Yazoo Counties in the State, 

as depicted on the map. 

16 USC 461 note. 


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123 STAT. 1268 PUBLIC LAW 111–11—MAR. 30, 2009 

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

available for public inspection in the office of the Director 

of the National Park Service. 

(4) LOCAL COORDINATING ENTITY.— (A) DESIGNATION.—The Mississippi Delta National 

Heritage Area Partnership shall be the local coordinating 

entity for the Heritage Area. 

(B) BOARD OF DIRECTORS.— (i) COMPOSITION.— (I) IN GENERAL.—The local coordinating entity 

shall be governed by a Board of Directors composed 

of 15 members, of whom— 

(aa) 1 member shall be appointed by Delta 

State University; 

(bb) 1 member shall be appointed by Mississippi Valley State University; 

(cc) 1 member shall be appointed by 

Alcorn State University; 

(dd) 1 member shall be appointed by the 

Delta Foundation; 

(ee) 1 member shall be appointed by the 

Smith Robertson Museum; 

(ff) 1 member shall be appointed from the 

office of the Governor of the State; 

(gg) 1 member shall be appointed by Delta 

Council; 

(hh) 1 member shall be appointed from 

the Mississippi Arts Commission; 

(ii) 1 member shall be appointed from the 

Mississippi Department of Archives and History; 

(jj) 1 member shall be appointed from the 

Mississippi Humanities Council; and 

(kk) up to 5 additional members shall be 

appointed for staggered 1- and 2-year terms 

by County boards in the Heritage Area. 

(II) RESIDENCY REQUIREMENTS.—At least 7 

members of the Board shall reside in the Heritage 

Area. 

(ii) OFFICERS.— 

(I) IN GENERAL.—At the initial meeting of the 

Board, the members of the Board shall appoint 

a Chairperson, Vice Chairperson, and Secretary/ 

Treasurer. 

(II) DUTIES.— 

(aa) CHAIRPERSON.—The duties of the 

Chairperson shall include— 

(AA) presiding over meetings of the 

Board; 

(BB) executing documents of the 

Board; and 

(CC) coordinating activities of the 

Heritage Area with Federal, State, local, 

and nongovernmental officials. 

(bb) VICE CHAIRPERSON.—The Vice Chairperson shall act as Chairperson in the absence 

or disability of the Chairperson. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1269 

(iii) MANAGEMENT AUTHORITY.— (I) IN GENERAL.—The Board shall— 

(aa) exercise all corporate powers of the 

local coordinating entity; 

(bb) manage the activities and affairs of 

the local coordinating entity; and 

(cc) subject to any limitations in the articles and bylaws of the local coordinating 

entity, this section, and any other applicable 

Federal or State law, establish the policies 

of the local coordinating entity. 

(II) STAFF.—The Board shall have the 

authority to employ any services and staff that 

are determined to be necessary by a majority vote 

of the Board. 

(iv) BYLAWS.— (I) IN GENERAL.—The Board may amend or 

repeal the bylaws of the local coordinating entity 

at any meeting of the Board by a majority vote 

of the Board. 

(II) NOTICE.—The Board shall provide notice 

of any meeting of the Board at which an amendment to the bylaws is to be considered that 

includes the text or a summary of the proposed 

amendment. 

(v) MINUTES.—Not later than 60 days after a 

meeting of the Board, the Board shall distribute the 

minutes of the meeting among all Board members and 

the county supervisors in each county within the Heritage Area. 

(c) DUTIES AND AUTHORITIES OF LOCAL COORDINATING

ENTITY.— 

(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating 

entity shall— 

(A) prepare, and submit to the Secretary, in accordance 

with subsection (d), a management plan for the Heritage 

Area; 

(B) assist units of local government, regional planning 

organizations, and nonprofit organizations in implementing 

the approved management plan by— 

(i) carrying out programs and projects that recognize, protect, and enhance important resource values 

within the Heritage Area; 

(ii) establishing and maintaining interpretive 

exhibits and programs within the Heritage Area; 

(iii) developing recreational and educational 

opportunities in the Heritage Area; 

(iv) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources 

of the Heritage Area; 

(v) protecting and restoring historic sites and 

buildings in the Heritage Area that are consistent with 

the themes of the Heritage Area; 

(vi) ensuring that signs identifying points of public 

access and sites of interest are posted throughout the 

Heritage Area; and 

Management 

plan. 

Deadline. 

Policies. 


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123 STAT. 1270 PUBLIC LAW 111–11—MAR. 30, 2009 

(vii) promoting a wide range of partnerships among 

governments, organizations, and individuals to further 

the purposes of the Heritage Area; 

(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the 

Heritage Area in the preparation and implementation of 

the management plan; 

(D) conduct meetings open to the public at least semiannually regarding the development and implementation 

of the management plan; 

(E) submit an annual report to the Secretary for each 

fiscal year for which the local coordinating entity receives 

Federal funds under this section specifying— 

(i) the accomplishments of the local coordinating 

entity; 

(ii) the expenses and income of the local coordinating entity; 

(iii) the amounts and sources of matching funds; 

(iv) the amounts leveraged with Federal funds and 

sources of the leveraged funds; and 

(v) grants made to any other entities during the 

fiscal year; 

(F) make available for audit for each fiscal year for 

which the local coordinating entity receives Federal funds 

under this section, all information pertaining to the 

expenditure of the funds and any matching funds; 

(G) require in all agreements authorizing expenditures 

of Federal funds by other organizations, that the receiving 

organizations make available for audit all records and other 

information pertaining to the expenditure of the funds; 

and 

(H) encourage, by appropriate means, economic 

development that is consistent with the purposes of the 

Heritage Area. 

(2) AUTHORITIES.—The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes 

of preparing and implementing the management plan, use Federal funds made available under this section to— 

(A) make grants to the State, political subdivisions 

of the State, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements with, or provide 

technical assistance to, the State, political subdivisions of 

the State, nonprofit organizations, Federal agencies, and 

other interested parties; 

(C) hire and compensate staff; 

(D) obtain funds or services from any source, including 

funds and services provided under any other Federal law 

or program; 

(E) contract for goods or services; and 

(F) support activities of partners and any other activities that further the purposes of the Heritage Area and 

are consistent with the approved management plan. 

(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 

local coordinating entity may not use Federal funds received 

under this section to acquire any interest in real property. 

(d) MANAGEMENT PLAN.— 

Records. 

Records. 

Deadline. 

Reports. 

Public 

information. 

Deadlines. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1271 

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

on which funds are made available to develop the management 

plan, the local coordinating entity shall submit to the Secretary 

for approval a proposed management plan for the Heritage 

Area. 

(2) REQUIREMENTS.—The management plan for the Heritage Area shall— 

(A) describe comprehensive policies, goals, strategies, 

and recommendations for telling the story of the heritage 

of the region and encouraging long-term resource protection, enhancement, interpretation, funding, management, 

and development of the Heritage Area; 

(B) take into consideration existing State, county, and 

local plans in the development and implementation of the 

management plan; 

(C) include a description of actions and commitments 

that governments, private organizations, and citizens plan 

to take to protect, enhance, and interpret the cultural, 

historical, archaeological, natural, and recreational 

resources of the Heritage Area; 

(D) specify existing and potential sources of funding 

or economic development strategies to protect, enhance, 

interpret, fund, manage, and develop the Heritage Area; 

(E) include an inventory of the cultural, historical, 

archaeological, natural, and recreational resources of the 

Heritage Area relating to the stories and themes of the 

region that should be protected, enhanced, managed, or 

developed; 

(F) recommend policies and strategies for resource 

management including, the development of intergovernmental and interagency agreements to protect the natural, 

historic, cultural, educational, scenic, and recreational 

resources of the Heritage Area; 

(G) describe a program for implementation of the 

management plan, including— 

(i) performance goals; 

(ii) plans for resource protection, enhancement, 

and interpretation; and 

(iii) specific commitments for implementation that 

have been made by the local coordinating entity or 

any government, organization, business, or individual; 

(H) include an analysis of, and recommendations for, 

ways in which Federal, State, tribal, and local programs 

may best be coordinated (including the role of the National 

Park Service and other Federal agencies associated with 

the Heritage Area) to further the purposes of this section; 

(I) include an interpretive plan for the Heritage Area; 

and 

(J) include a business plan that— 

(i) describes the role, operation, financing, and 

functions of the local coordinating entity and of each 

of the major activities described in the management 

plan; and 

(ii) provides adequate assurances that the local 

coordinating entity has the partnerships and financial 

and other resources necessary to implement the 

management plan for the Heritage Area. 

Deadline. 


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123 STAT. 1272 PUBLIC LAW 111–11—MAR. 30, 2009 

(3) TERMINATION OF FUNDING.—If the management plan 

is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— (A) REVIEW.—Not later than 180 days after the date 

on which the Secretary receives the management plan, 

the Secretary shall approve or disapprove the management 

plan. 

(B) CONSULTATION REQUIRED.—The Secretary shall 

consult with the Governor of the State and any tribal 

government in which the Heritage Area is located before 

approving the management plan. 

(C) CRITERIA FOR APPROVAL.—In determining whether 

to approve the management plan, the Secretary shall consider whether— 

(i) the local coordinating entity represents the 

diverse interests of the Heritage Area, including 

governments, natural and historic resource protection 

organizations, educational institutions, businesses, 

community residents, and recreational organizations; 

(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public 

meetings) in the preparation of the management plan; 

(iii) the resource protection and interpretation 

strategies described in the management plan, if implemented, would adequately protect the cultural, historical, archaeological, natural, and recreational resources 

of the Heritage Area; 

(iv) the management plan would not adversely 

affect any activities authorized on Federal or tribal 

land under applicable laws or land use plans; 

(v) the Secretary has received adequate assurances 

from the appropriate State, tribal, and local officials 

whose support is needed to ensure the effective 

implementation of the State, tribal, and local aspects 

of the management plan; and 

(vi) the local coordinating entity has demonstrated 

the financial capability, in partnership with others, 

to carry out the management plan. 

(D) ACTION FOLLOWING DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the 

management plan, the Secretary— 

(I) shall advise the local coordinating entity 

in writing of the reasons for the disapproval; and 

(II) may make recommendations to the local 

coordinating entity for revisions to the management plan. 

(ii) DEADLINE.—Not later than 180 days after 

receiving a revised management plan, the Secretary 

shall approve or disapprove the revised management 

plan. 

(E) AMENDMENTS.— (i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1273 

the Heritage Area shall be reviewed by the Secretary 

and approved or disapproved in the same manner as 

the original management plan. 

(ii) IMPLEMENTATION.—The local coordinating 

entity shall not use Federal funds authorized to be 

appropriated by this section to implement an amendment to the management plan until the Secretary 

approves the amendment. 

(e) DUTIES AND AUTHORITIES OF THE SECRETARY.— (1) TECHNICAL AND FINANCIAL ASSISTANCE.— (A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide technical and 

financial assistance, on a reimbursable or nonreimbursable 

basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management 

plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may 

enter into cooperative agreements with the local coordinating entity and other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(C) PRIORITY.—In assisting the Heritage Area, the Secretary shall give priority to actions that assist in— 

(i) conserving the significant cultural, historical, 

archaeological, natural, and recreational resources of 

the Heritage Area; and 

(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes 

of the Heritage Area. 

(D) PROHIBITION OF CERTAIN REQUIREMENTS.—The Secretary may not, as a condition of the provision of technical 

or financial assistance under this subsection, require any 

recipient of the assistance to impose or modify any land 

use restriction or zoning ordinance. 

(2) EVALUATION; REPORT.— 

(A) IN GENERAL.—Not later than 3 years before the 

date on which authority for Federal funding terminates 

for the Heritage Area under subsection (i), the Secretary 

shall— 

(i) conduct an evaluation of the accomplishments 

of the Heritage Area; and 

(ii) prepare a report with recommendations for 

the future role of the National Park Service, if any, 

with respect to the Heritage Area, in accordance with 

subparagraph (C). 

(B) EVALUATION.—An evaluation conducted under 

subparagraph (A)(i) shall— 

(i) assess the progress of the local coordinating 

entity with respect to— 

(I) accomplishing the purposes of this section 

for the Heritage Area; and 

(II) achieving the goals and objectives of the 

approved management plan for the Heritage Area; 

(ii) analyze the Federal, State, local, and private 

investments in the Heritage Area to determine the 

leverage and impact of the investments; and 

(iii) review the management structure, partnership 

relationships, and funding of the Heritage Area for 


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123 STAT. 1274 PUBLIC LAW 111–11—MAR. 30, 2009 

purposes of identifying the critical components for 

sustainability of the Heritage Area. 

(C) REPORT.— 

(i) IN GENERAL.—Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall 

prepare a report that includes recommendations for 

the future role of the National Park Service, if any, 

with respect to the Heritage Area. 

(ii) REQUIRED ANALYSIS.—If the report prepared 

under this subparagraph recommends that Federal 

funding for the Heritage Area be reauthorized, the 

report shall include an analysis of— 

(I) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; and 

(II) the appropriate time period necessary to 

achieve the recommended reduction or elimination. 

(iii) SUBMISSION TO CONGRESS.—On completion of 

a report under this subparagraph, the Secretary shall 

submit the report to— 

(I) the Committee on Energy and Natural 

Resources of the Senate; and 

(II) the Committee on Natural Resources of 

the House of Representatives. 

(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the 

authority of a Federal agency to provide technical or financial 

assistance under any other law. 

(2) CONSULTATION AND COORDINATION.—To the maximum 

extent practicable, the head of any Federal agency planning 

to conduct activities that may have an impact on the Heritage 

Area is encouraged to consult and coordinate the activities 

with the Secretary and the local coordinating entity. 

(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 

(A) modifies, alters, or amends any laws (including 

regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land manager 

to implement an approved land use plan within the boundaries of the Heritage Area; or 

(C) modifies, alters, or amends any authorized use 

of Federal land under the jurisdiction of a Federal agency. 

(g) PROPERTY OWNERS AND REGULATORY PROTECTIONS.— 

Nothing in this section— 

(1) abridges the rights of any owner of public or private 

property, including the right to refrain from participating in 

any plan, project, program, or activity conducted within the 

Heritage Area; 

(2) requires any property owner to— 

(A) permit public access (including Federal, tribal, 

State, or local government access) to the property; or 

(B) modify any provisions of Federal, tribal, State, 

or local law with regard to public access or use of private 

land; 

(3) alters any duly adopted land use regulations, approved 

land use plan, or any other regulatory authority of any Federal, 

State, or local agency, or tribal government; 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1275 

(4) conveys any land use or other regulatory authority 

to the local coordinating entity; 

(5) authorizes or implies the reservation or appropriation 

of water or water rights; 

(6) diminishes the authority of the State to manage fish 

and wildlife, including the regulation of fishing and hunting 

within the Heritage Area; 

(7) creates any liability, or affects any liability under any 

other law, of any private property owner with respect to any 

person injured on the private property; 

(8) restricts an Indian tribe from protecting cultural or 

religious sites on tribal land; or 

(9) diminishes the trust responsibilities of government-togovernment obligations of the United States of any federally 

recognized Indian tribe. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

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

to carry out this section $10,000,000, of which not more than 

$1,000,000 may be made available for any fiscal year. 

(2) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the total cost 

of any activity under this section shall be not more than 

50 percent. 

(B) FORM.—The non-Federal contribution— 

(i) shall be from non-Federal sources; and 

(ii) may be in the form of in-kind contributions 

of goods or services fairly valued. 

(i) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of 

the Secretary to provide financial assistance under this section 

terminates on the date that is 15 years after the date of enactment 

of this Act. 

SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA. 

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

(1) to preserve, support, conserve, and interpret the legacy 

of the region represented by the Heritage Area as described 

in the feasibility study prepared by the National Park Service; 

(2) to promote heritage, cultural, and recreational tourism, 

and to develop educational and cultural programs for visitors 

and the general public; 

(3) to recognize and interpret important events and 

geographic locations representing key developments in the 

growth of the United States, including the Native American, 

Colonial American, European American, and African American 

heritage; 

(4) to recognize and interpret the manner by which the 

distinctive geography of the region has shaped the development 

of the settlement, defense, transportation, commerce, and culture of the region; 

(5) to provide a cooperative management framework to 

foster a close working relationship with all levels of government, 

the private sector, and the local communities in the region 

to identify, preserve, interpret, and develop the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; and 

16 USC 461 note. 


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123 STAT. 1276 PUBLIC LAW 111–11—MAR. 30, 2009 

(6) to provide appropriate linkages between units of the 

National Park System and communities, governments, and 

organizations within the Heritage Area. 

(b) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

Muscle Shoals National Heritage Area established by subsection (c)(1). 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Muscle Shoals Regional Center, the 

local coordinating entity for the Heritage Area designated by 

subsection (c)(4). 

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

means the plan for the Heritage Area required under subsection 

(d)(1)(A). 

(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Muscle 

Shoals National Heritage Area’’, numbered T08/80,000, and 

dated October 2007. 

(5) STATE.—The term ‘‘State’’ means the State of Alabama. 

(c) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established the Muscle Shoals 

National Heritage Area in the State. 

(2) BOUNDARIES.—The Heritage Area shall be comprised 

of the following areas, as depicted on the map: 

(A) The Counties of Colbert, Franklin, Lauderdale, 

Lawrence, Limestone, and Morgan, Alabama. 

(B) The Wilson Dam. 

(C) The Handy Home. 

(D) The birthplace of Helen Keller. 

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

National Park Service and the local coordinating entity. 

(4) LOCAL COORDINATING ENTITY.—The Muscle Shoals 

Regional Center shall be the local coordinating entity for the 

Heritage Area. 

(d) DUTIES AND AUTHORITIES OF LOCAL COORDINATING

ENTITY.— 

(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating 

entity shall— 

(A) prepare, and submit to the Secretary, in accordance 

with subsection (e), a management plan for the Heritage 

Area; 

(B) submit an annual report to the Secretary for each 

fiscal year for which the local coordinating entity receives 

Federal funds under this section specifying— 

(i) the accomplishments of the local coordinating 

entity; 

(ii) the expenses and income of the local coordinating entity; 

(iii) the amounts and sources of matching funds; 

(iv) the amounts leveraged with Federal funds and 

sources of the leveraged funds; and 

(v) grants made to any other entities during the 

fiscal year; 

(C) make available for audit for each fiscal year for 

which the local coordinating entity receives Federal funds 

Records. 

Deadline. 

Reports. 

Management 

plan. 

Designation. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1277 

under this section, all information pertaining to the 

expenditure of the funds and any matching funds; 

(D) encourage, by appropriate means, economic 

development that is consistent with the purposes of the 

Heritage Area; and 

(E) serve as a catalyst for the implementation of 

projects and programs among diverse partners in the Heritage Area. 

(2) AUTHORITIES.—The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes 

of preparing and implementing the management plan, use Federal funds made available under this section to— 

(A) make grants to the State, political subdivisions 

of the State, nonprofit organizations, and other persons; 

(B) enter into cooperative agreements with, or provide 

technical assistance to, the State, political subdivisions of 

the State, nonprofit organizations, Federal agencies, and 

other interested parties; 

(C) hire and compensate staff, including individuals 

with expertise in— 

(i) natural, historical, cultural, educational, scenic, 

and recreational resource conservation; 

(ii) economic and community development; and 

(iii) heritage planning; 

(D) obtain funds or services from any source, including 

funds and services provided under any other Federal law 

or program; 

(E) contract for goods or services; and 

(F) support activities of partners and any other activities that further the purposes of the Heritage Area and 

are consistent with the approved management plan. 

(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 

local coordinating entity may not use Federal funds received 

under this section to acquire any interest in real property. 

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

on which funds are made available to develop the management 

plan, the local coordinating entity shall submit to the Secretary 

for approval a proposed management plan for the Heritage 

Area. 

(2) REQUIREMENTS.—The management plan for the Heritage Area shall— 

(A) describe comprehensive policies, goals, strategies, 

and recommendations for telling the story of the heritage 

of the area covered by the Heritage Area and encouraging 

long-term resource protection, enhancement, interpretation, 

funding, management, and development of the Heritage 

Area; 

(B) include a description of actions and commitments 

that Federal, State, tribal, and local governments, private 

organizations, and citizens plan to take to protect, enhance, 

interpret, fund, manage, and develop the natural, historic, 

cultural, educational, scenic, and recreational resources of 

the Heritage Area; 

(C) specify existing and potential sources of funding 

or economic development strategies to protect, enhance, 

interpret, fund, manage, and develop the Heritage Area; 

Deadline. 


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123 STAT. 1278 PUBLIC LAW 111–11—MAR. 30, 2009 

(D) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the 

Heritage Area relating to the stories and themes of the 

Heritage Area that should be protected, enhanced, interpreted, managed, funded, or developed; 

(E) recommend policies and strategies for resource 

management, including the development of intergovernmental and interagency agreements to protect, enhance, 

interpret, fund, manage, and develop the natural, historic, 

cultural, educational, scenic, and recreational resources of 

the Heritage Area; 

(F) describe a program for implementation of the 

management plan, including— 

(i) performance goals; 

(ii) plans for resource protection, enhancement, 

interpretation, funding, management, and development; and 

(iii) specific commitments for implementation that 

have been made by the local coordinating entity or 

any Federal, State, tribal, or local government agency, 

organization, business, or individual; 

(G) include an analysis of, and recommendations for, 

ways in which Federal, State, tribal, and local programs 

may best be coordinated (including the role of the National 

Park Service and other Federal agencies associated with 

the Heritage Area) to further the purposes of this section; 

and 

(H) include a business plan that— 

(i) describes the role, operation, financing, and 

functions of the local coordinating entity and of each 

of the major activities described in the management 

plan; and 

(ii) provides adequate assurances that the local 

coordinating entity has the partnerships and financial 

and other resources necessary to implement the 

management plan for the Heritage Area. 

(3) TERMINATION OF FUNDING.—If the management plan 

is not submitted to the Secretary by the date that is 3 years 

after the date on which funds are first made available to 

develop the management plan, the local coordinating entity 

shall not qualify for additional financial assistance under this 

section until the management plan is submitted to, and 

approved by, the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after the date 

on which the Secretary receives the management plan, 

the Secretary shall approve or disapprove the management 

plan. 

(B) CONSULTATION REQUIRED.—The Secretary shall 

consult with the Governor of the State in which the Heritage Area is located before approving the management plan. 

(C) CRITERIA FOR APPROVAL.—In determining whether 

to approve the management plan, the Secretary shall consider whether— 

(i) the local coordinating entity represents the 

diverse interests of the Heritage Area, including Federal, State, tribal, and local governments, natural and 

Deadline. 

Deadline. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1279 

historic resource protection organizations, educational 

institutions, businesses, community residents, recreational organizations, and private property owners; 

(ii) the local coordinating entity— 

(I) has afforded adequate opportunity for 

public and Federal, State, tribal, and local governmental involvement (including through workshops 

and public meetings) in the preparation of the 

management plan; and 

(II) provides for at least semiannual public 

meetings to ensure adequate implementation of 

the management plan; 

(iii) the resource protection, enhancement, 

interpretation, funding, management, and development 

strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, 

fund, manage, and develop the natural, historic, cultural, scenic, and recreational resources of the Heritage 

Area; 

(iv) the management plan would not adversely 

affect any activities authorized on Federal land under 

applicable laws or land use plans; 

(v) the Secretary has received adequate assurances 

from the appropriate State, tribal, and local officials 

whose support is needed to ensure the effective 

implementation of the State, tribal, and local aspects 

of the management plan; 

(vi) the local coordinating entity has demonstrated 

the financial capability, in partnership with others, 

to carry out the management plan; and 

(vii) the management plan demonstrates partnerships among the local coordinating entity, Federal, 

State, tribal, and local governments, regional planning 

organizations, nonprofit organizations, and private 

sector parties for implementation of the management 

plan. 

(D) DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the 

management plan, the Secretary— 

(I) shall advise the local coordinating entity 

in writing of the reasons for the disapproval; and 

(II) may make recommendations to the local 

coordinating entity for revisions to the management plan. 

(ii) DEADLINE.—Not later than 180 days after 

receiving a revised management plan, the Secretary 

shall approve or disapprove the revised management 

plan. 

(E) AMENDMENTS.— 

(i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of 

the Heritage Area shall be reviewed by the Secretary 

and approved or disapproved in the same manner as 

the original management plan. 

(ii) IMPLEMENTATION.—The local coordinating 

entity shall not use Federal funds authorized by this 

Review. 


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123 STAT. 1280 PUBLIC LAW 111–11—MAR. 30, 2009 

section to implement an amendment to the management plan until the Secretary approves the amendment. 

(F) AUTHORITIES.—The Secretary may— 

(i) provide technical assistance under the authority 

of this section for the development and implementation 

of the management plan; and 

(ii) enter into cooperative agreements with 

interested parties to carry out this section. 

(f) DUTIES AND AUTHORITIES OF THE SECRETARY.— (1) TECHNICAL AND FINANCIAL ASSISTANCE.— (A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide technical and 

financial assistance, on a reimbursable or nonreimbursable 

basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management 

plan. 

(B) COOPERATIVE AGREEMENTS.—The Secretary may 

enter into cooperative agreements with the local coordinating entity and other public or private entities to provide 

technical or financial assistance under subparagraph (A). 

(2) EVALUATION; REPORT.— 

(A) IN GENERAL.—Not later than 3 years before the 

date on which authority for Federal funding terminates 

for the Heritage Area under subsection (j), the Secretary 

shall— 

(i) conduct an evaluation of the accomplishments 

of the Heritage Area; and 

(ii) prepare a report with recommendations for 

the future role of the National Park Service, if any, 

with respect to the Heritage Area, in accordance with 

subparagraph (C). 

(B) EVALUATION.—An evaluation conducted under 

subparagraph (A)(i) shall— 

(i) assess the progress of the local coordinating 

entity with respect to— 

(I) accomplishing the purposes of this section 

for the Heritage Area; and 

(II) achieving the goals and objectives of the 

approved management plan for the Heritage Area; 

(ii) analyze the Federal, State, tribal, local, and 

private investments in the Heritage Area to determine 

the leverage and impact of the investments; and 

(iii) review the management structure, partnership 

relationships, and funding of the Heritage Area for 

purposes of identifying the critical components for 

sustainability of the Heritage Area. 

(C) REPORT.— 

(i) IN GENERAL.—Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall 

prepare a report that includes recommendations for 

the future role of the National Park Service, if any, 

with respect to the Heritage Area. 

(ii) REQUIRED ANALYSIS.—If the report prepared 

under this subparagraph recommends that Federal 

funding for the Heritage Area be reauthorized, the 

report shall include an analysis of— 


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(I) ways in which Federal funding for the 

Heritage Area may be reduced or eliminated; and 

(II) the appropriate time period necessary to 

achieve the recommended reduction or elimination. 

(iii) SUBMISSION TO CONGRESS.—On completion of 

a report under this subparagraph, the Secretary shall 

submit the report to— 

(I) the Committee on Energy and Natural 

Resources of the Senate; and 

(II) the Committee on Natural Resources of 

the House of Representatives. 

(g) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

(1) IN GENERAL.—Nothing in this section affects the 

authority of a Federal agency to provide technical or financial 

assistance under any other law. 

(2) CONSULTATION AND COORDINATION.—To the maximum 

extent practicable, the head of any Federal agency planning 

to conduct activities that may have an impact on the Heritage 

Area is encouraged to consult and coordinate the activities 

with the Secretary and the local coordinating entity to the 

maximum extent practicable. 

(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 

(A) modifies, alters, or amends any laws (including 

regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land manager 

to implement an approved land use plan within the boundaries of the Heritage Area; or 

(C) modifies, alters, or amends any authorized use 

of Federal land under the jurisdiction of a Federal agency. 

(h) PROPERTY OWNERS AND REGULATORY PROTECTIONS.— 

Nothing in this section— 

(1) abridges the rights of any owner of public or private 

property, including the right to refrain from participating in 

any plan, project, program, or activity conducted within the 

Heritage Area; 

(2) requires any property owner to— 

(A) permit public access (including Federal, tribal, 

State, or local government access) to the property; or 

(B) modify any provisions of Federal, tribal, State, 

or local law with regard to public access or use of private 

land; 

(3) alters any duly adopted land use regulations, approved 

land use plan, or any other regulatory authority of any Federal, 

State, or local agency, or tribal government; 

(4) conveys any land use or other regulatory authority 

to the local coordinating entity; 

(5) authorizes or implies the reservation or appropriation 

of water or water rights; 

(6) diminishes the authority of the State to manage fish 

and wildlife, including the regulation of fishing and hunting 

within the Heritage Area; or 

(7) creates any liability, or affects any liability under any 

other law, of any private property owner with respect to any 

person injured on the private property. 

(i) AUTHORIZATION OF APPROPRIATIONS.— 


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(1) IN GENERAL.—There is authorized to be appropriated to carry out this section $10,000,000, of which not more than 

$1,000,000 may be made available for any fiscal year. 

(2) AVAILABILITY.—Funds made available under paragraph 

(1) shall remain available until expended. 

(3) COST-SHARING REQUIREMENT.— (A) IN GENERAL.—The Federal share of the total cost 

of any activity under this section shall be not more than 

50 percent. 

(B) FORM.—The non-Federal contribution may be in 

the form of in-kind contributions of goods or services fairly 

valued. 

(4) USE OF FEDERAL FUNDS FROM OTHER SOURCES.—Nothing 

in this section precludes the local coordinating entity from 

using Federal funds available under provisions of law other 

than this section for the purposes for which those funds were 

authorized. 

(j) TERMINATION OF EFFECTIVENESS.—The authority of the Secretary to provide financial assistance under this section terminates 

on the date that is 15 years after the date of enactment of this 

Act. 

SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE 

AREA, ALASKA. 

(a) DEFINITIONS.—In this section: 

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the 

Kenai Mountains-Turnagain Arm National Heritage Area 

established by subsection (b)(1). 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Kenai Mountains-Turnagain Arm Corridor Communities Association. 

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

means the plan prepared by the local coordinating entity for 

the Heritage Area that specifies actions, policies, strategies, 

performance goals, and recommendations to meet the goals 

of the Heritage Area, in accordance with this section. 

(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Proposed Kenai Mountains-Turnagain Arm NHA’’ and dated 

August 7, 2007. 

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

of the Interior. 

(b) DESIGNATION OF THE KENAI MOUNTAINS-TURNAGAIN ARM

NATIONAL HERITAGE AREA.— 

(1) ESTABLISHMENT.—There is established the Kenai Mountains-Turnagain Arm National Heritage Area. 

(2) BOUNDARIES.—The Heritage Area shall be comprised 

of the land in the Kenai Mountains and upper Turnagain 

Arm region, as generally depicted on the map. 

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

available for public inspection in— 

(A) the appropriate offices of the Forest Service, Chugach National Forest; 

(B) the Alaska Regional Office of the National Park 

Service; and 

(C) the office of the Alaska State Historic Preservation 

Officer. 

(c) MANAGEMENT PLAN.— 

16 USC 461 note. 


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(1) LOCAL COORDINATING ENTITY.—The local coordinating 

entity, in partnership with other interested parties, shall 

develop a management plan for the Heritage Area in accordance 

with this section. 

(2) REQUIREMENTS.—The management plan for the Heritage Area shall— 

(A) describe comprehensive policies, goals, strategies, 

and recommendations for use in— 

(i) telling the story of the heritage of the area 

covered by the Heritage Area; and 

(ii) encouraging long-term resource protection, 

enhancement, interpretation, funding, management, 

and development of the Heritage Area; 

(B) include a description of actions and commitments 

that the Federal Government, State, tribal, and local 

governments, private organizations, and citizens will take 

to protect, enhance, interpret, fund, manage, and develop 

the natural, historical, cultural, educational, scenic, and 

recreational resources of the Heritage Area; 

(C) specify existing and potential sources of funding 

or economic development strategies to protect, enhance, 

interpret, fund, manage, and develop the Heritage Area; 

(D) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the 

Heritage Area relating to the national importance and 

themes of the Heritage Area that should be protected, 

enhanced, interpreted, managed, funded, and developed; 

(E) recommend policies and strategies for resource 

management, including the development of intergovernmental and interagency agreements to protect, enhance, 

interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational 

resources of the Heritage Area; 

(F) describe a program for implementation for the 

management plan, including— 

(i) performance goals; 

(ii) plans for resource protection, enhancement, 

interpretation, funding, management, and development; and 

(iii) specific commitments for implementation that 

have been made by the local coordinating entity or 

any Federal, State, tribal, or local government agency, 

organization, business, or individual; 

(G) include an analysis of, and recommendations for, 

means by which Federal, State, tribal, and local programs 

may best be coordinated (including the role of the National 

Park Service, the Forest Service, and other Federal agencies associated with the Heritage Area) to further the purposes of this section; and 

(H) include a business plan that— 

(i) describes the role, operation, financing, and 

functions of the local coordinating entity and each of 

the major activities contained in the management plan; 

and 

(ii) provides adequate assurances that the local 

coordinating entity has the partnerships and financial 


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and other resources necessary to implement the 

management plan for the Heritage Area. 

(3) DEADLINE.— 

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

date on which funds are first made available to develop 

the management plan after the date of enactment of this 

Act, the local coordinating entity shall submit the management plan to the Secretary for approval. 

(B) TERMINATION OF FUNDING.—If the management 

plan is not submitted to the Secretary in accordance with 

subparagraph (A), the local coordinating entity shall not 

qualify for any additional financial assistance under this 

section until such time as the management plan is submitted to and approved by the Secretary. 

(4) APPROVAL OF MANAGEMENT PLAN.— 

(A) REVIEW.—Not later than 180 days after receiving 

the management plan under paragraph (3), the Secretary 

shall review and approve or disapprove the management 

plan for a Heritage Area on the basis of the criteria established under subparagraph (C). 

(B) CONSULTATION.—The Secretary shall consult with 

the Governor of the State in which the Heritage Area 

is located before approving a management plan for the 

Heritage Area. 

(C) CRITERIA FOR APPROVAL.—In determining whether 

to approve a management plan for the Heritage Area, 

the Secretary shall consider whether— 

(i) the local coordinating entity represents the 

diverse interests of the Heritage Area, including the 

Federal Government, State, tribal, and local governments, natural and historical resource protection 

organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; 

(ii) the local coordinating entity— 

(I) has afforded adequate opportunity for 

public and Federal, State, tribal, and local governmental involvement (including through workshops 

and hearings) in the preparation of the management plan; and 

(II) provides for at least semiannual public 

meetings to ensure adequate implementation of 

the management plan; 

(iii) the resource protection, enhancement, 

interpretation, funding, management, and development 

strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, 

fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources 

of the Heritage Area; 

(iv) the management plan would not adversely 

affect any activities authorized on Federal land under 

public land laws or land use plans; 

(v) the local coordinating entity has demonstrated 

the financial capability, in partnership with other 

interested parties, to carry out the plan; 

Deadline. 


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(vi) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective 

implementation of the State, tribal, and local elements 

of the management plan; and 

(vii) the management plan demonstrates partnerships among the local coordinating entity, Federal 

Government, State, tribal, and local governments, 

regional planning organizations, nonprofit organizations, or private sector parties for implementation of 

the management plan. 

(D) DISAPPROVAL.— 

(i) IN GENERAL.—If the Secretary disapproves the 

management plan, the Secretary— 

(I) shall advise the local coordinating entity 

in writing of the reasons for the disapproval; and 

(II) may make recommendations to the local 

coordinating entity for revisions to the management plan. 

(ii) DEADLINE.—Not later than 180 days after 

receiving a revised management plan, the Secretary 

shall approve or disapprove the revised management 

plan. 

(E) AMENDMENTS.— 

(i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of 

the Heritage Area shall be reviewed by the Secretary 

and approved or disapproved in the same manner as 

the original management plan. 

(ii) IMPLEMENTATION.—The local coordinating 

entity shall not use Federal funds authorized by this 

section to implement an amendment to the management plan until the Secretary approves the amendment. 

(F) AUTHORITIES.—The Secretary may— 

(i) provide technical assistance under the authority 

of this section for the development and implementation 

of the management plan; and 

(ii) enter into cooperative agreements with 

interested parties to carry out this section. 

(d) EVALUATION; REPORT.— 

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

on which authority for Federal funding terminates for the Heritage Area under this section, the Secretary shall— 

(A) conduct an evaluation of the accomplishments of 

the Heritage Area; and 

(B) prepare a report in accordance with paragraph 

(3). 

(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall— 

(A) assess the progress of the local coordinating entity 

with respect to— 

(i) accomplishing the purposes of the authorizing 

legislation for the Heritage Area; and 

(ii) achieving the goals and objectives of the 

approved management plan for the Heritage Area; 

Review. 


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(B) analyze the Federal, State, tribal, local, and private 

investments in the Heritage Area to determine the impact 

of the investments; and 

(C) review the management structure, partnership 

relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. 

(3) REPORT.—Based on the evaluation conducted under 

paragraph (1)(A), the Secretary shall submit to the Committee 

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

a report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the Heritage Area. 

(e) LOCAL COORDINATING ENTITY.— (1) DUTIES.—To further the purposes of the Heritage Area, 

in addition to developing the management plan for the Heritage 

Area under subsection (c), the local coordinating entity shall— 

(A) serve to facilitate and expedite the implementation 

of projects and programs among diverse partners in the 

Heritage Area; 

(B) submit an annual report to the Secretary for each 

fiscal year for which the local coordinating entity receives 

Federal funds under this section, specifying— 

(i) the specific performance goals and accomplishments of the local coordinating entity; 

(ii) the expenses and income of the local coordinating entity; 

(iii) the amounts and sources of matching funds; 

(iv) the amounts leveraged with Federal funds and 

sources of the leveraging; and 

(v) grants made to any other entities during the 

fiscal year; 

(C) make available for audit for each fiscal year for 

which the local coordinating entity receives Federal funds 

under this section, all information pertaining to the 

expenditure of the funds and any matching funds; and 

(D) encourage economic viability and sustainability 

that is consistent with the purposes of the Heritage Area. 

(2) AUTHORITIES.—For the purpose of preparing and implementing the approved management plan for the Heritage Area 

under subsection (c), the local coordinating entity may use 

Federal funds made available under this section— 

(A) to make grants to political jurisdictions, nonprofit 

organizations, and other parties within the Heritage Area; 

(B) to enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit 

organizations, Federal agencies, and other interested parties; 

(C) to hire and compensate staff, including individuals 

with expertise in— 

(i) natural, historical, cultural, educational, scenic, 

and recreational resource conservation; 

(ii) economic and community development; and 

(iii) heritage planning; 

(D) to obtain funds or services from any source, 

including other Federal programs; 

Records. 

Deadline. 

Reports. 


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(E) to enter into contracts for goods or services; and 

(F) to support activities of partners and any other 

activities that further the purposes of the Heritage Area 

and are consistent with the approved management plan. 

(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The 

local coordinating entity may not use Federal funds authorized 

under this section to acquire any interest in real property. 

(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— (1) IN GENERAL.—Nothing in this section affects the 

authority of a Federal agency to provide technical or financial 

assistance under any other provision of law. 

(2) CONSULTATION AND COORDINATION.—The head of any 

Federal agency planning to conduct activities that may have 

an impact on a Heritage Area is encouraged to consult and 

coordinate the activities with the Secretary and the local coordinating entity, to the maximum extent practicable. 

(3) OTHER FEDERAL AGENCIES.—Nothing in this section— 

(A) modifies, alters, or amends any law (including a 

regulation) authorizing a Federal agency to manage Federal 

land under the jurisdiction of the Federal agency; 

(B) limits the discretion of a Federal land manager 

to implement an approved land use plan within the boundaries of a Heritage Area; or 

(C) modifies, alters, or amends any authorized use 

of Federal land under the jurisdiction of a Federal agency. 

(g) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.— 

Nothing in this section— 

(1) abridges the rights of any property owner (whether 

public or private), including the right to refrain from participating in any plan, project, program, or activity conducted 

within the Heritage Area; 

(2) requires any property owner to permit public access 

(including access by Federal, State, tribal, or local agencies) 

to the property of the property owner, or to modify public 

access or use of property of the property owner under any 

other Federal, State, tribal, or local law; 

(3) alters any duly adopted land use regulation, approved 

land use plan, or other regulatory authority (such as the 

authority to make safety improvements or increase the capacity 

of existing roads or to construct new roads) of any Federal, 

State, tribal, or local agency, or conveys any land use or other 

regulatory authority to any local coordinating entity, including 

development and management of energy or water or waterrelated infrastructure; 

(4) authorizes or implies the reservation or appropriation 

of water or water rights; 

(5) diminishes the authority of any State to manage fish 

and wildlife, including the regulation of fishing and hunting 

within the Heritage Area; or 

(6) creates any liability, or affects any liability under any 

other law, of any private property owner with respect to any 

person injured on the private property. 

(h) FUNDING.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—Subject to paragraph (2), there is authorized to be appropriated to carry out 

this section $1,000,000 for each fiscal year, to remain available 

until expended. 


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(2) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not 

more than a total of $10,000,000 may be made available to 

carry out this section. 

(3) COST-SHARING.— 

(A) IN GENERAL.—The Federal share of the total cost 

of any activity carried out under this section shall not 

exceed 50 percent. 

(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 

share of the cost of any activity carried out under this 

section may be provided in the form of in-kind contributions 

of goods or services fairly valued. 

(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 

to provide financial assistance under this section terminates on 

the date that is 15 years after the date of enactment of this 

Act. 

Subtitle B—Studies 

SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA. 

(a) DEFINITIONS.—In this section: 

(1) CORRIDOR.—The term ‘‘Corridor’’ means the Chattahoochee Trace National Heritage Corridor. 

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

of the Interior. 

(3) STUDY AREA.—The term ‘‘study area’’ means the study 

area described in subsection (b)(2). 

(b) STUDY.— 

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

historic preservation officers, State historical societies, State 

tourism offices, and other appropriate organizations or agencies, 

shall conduct a study to assess the suitability and feasibility 

of designating the study area as the Chattahoochee Trace 

National Heritage Corridor. 

(2) STUDY AREA.—The study area includes— 

(A) the portion of the Apalachicola-Chattahoochee-Flint 

River Basin and surrounding areas, as generally depicted 

on the map entitled ‘‘Chattahoochee Trace National Heritage Corridor, Alabama/Georgia’’, numbered T05/80000, and 

dated July 2007; and 

(B) any other areas in the State of Alabama or Georgia 

that— 

(i) have heritage aspects that are similar to the 

areas depicted on the map described in subparagraph 

(A); and 

(ii) are adjacent to, or in the vicinity of, those 

areas. 

(3) REQUIREMENTS.—The study shall include analysis, documentation, and determinations on whether the study area— 

(A) has an assemblage of natural, historic, and cultural 

resources that— 

(i) represent distinctive aspects of the heritage of 

the United States; 

(ii) are worthy of recognition, conservation, 

interpretation, and continuing use; and 

(iii) would be best managed— 


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(I) through partnerships among public and private entities; and 

(II) by linking diverse and sometimes noncontiguous resources and active communities; 

(B) reflects traditions, customs, beliefs, and folklife 

that are a valuable part of the story of the United States; 

(C) provides— 

(i) outstanding opportunities to conserve natural, 

historic, cultural, or scenic features; and 

(ii) outstanding recreational and educational 

opportunities; 

(D) contains resources that— 

(i) are important to any identified themes of the 

study area; and 

(ii) retain a degree of integrity capable of supporting interpretation; 

(E) includes residents, business interests, nonprofit 

organizations, and State and local governments that— 

(i) are involved in the planning of the Corridor; 

(ii) have developed a conceptual financial plan that 

outlines the roles of all participants in the Corridor, 

including the Federal Government; and 

(iii) have demonstrated support for the designation 

of the Corridor; 

(F) has a potential management entity to work in 

partnership with the individuals and entities described 

in subparagraph (E) to develop the Corridor while encouraging State and local economic activity; and 

(G) has a conceptual boundary map that is supported 

by the public. 

(c) REPORT.—Not later than the 3rd fiscal year after the date 

on which funds are first made available to carry out this section, 

the Secretary shall submit to the Committee on Natural Resources 

of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate a report that describes— 

(1) the findings of the study; and 

(2) any conclusions and recommendations of the Secretary. 

SEC. 8102. NORTHERN NECK, VIRGINIA. 

(a) DEFINITIONS.—In this section: 

(1) PROPOSED HERITAGE AREA.—The term ‘‘proposed Heritage Area’’ means the proposed Northern Neck National Heritage Area. 

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

(3) STUDY AREA.—The term ‘‘study area’’ means the area 

that is comprised of— 

(A) the area of land located between the Potomac and 

Rappahannock rivers of the eastern coastal region of the 

State; 

(B) Westmoreland, Northumberland, Richmond, King 

George, and Lancaster Counties of the State; and 

(C) any other area that— 

(i) has heritage aspects that are similar to the 

heritage aspects of the areas described in subparagraph 

(A) or (B); and 

(ii) is located adjacent to, or in the vicinity of, 

those areas. 


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(b) STUDY.— 

(1) IN GENERAL.—In accordance with paragraphs (2) and 

(3), the Secretary, in consultation with appropriate State historic preservation officers, State historical societies, and other 

appropriate organizations, shall conduct a study to determine 

the suitability and feasibility of designating the study area 

as the Northern Neck National Heritage Area. 

(2) REQUIREMENTS.—The study shall include analysis, documentation, and determinations on whether the study area— 

(A) has an assemblage of natural, historical, cultural, 

educational, scenic, or recreational resources that together 

are nationally important to the heritage of the United 

States; 

(B) represents distinctive aspects of the heritage of 

the United States worthy of recognition, conservation, 

interpretation, and continuing use; 

(C) is best managed as such an assemblage through 

partnerships among public and private entities at the local 

or regional level; 

(D) reflects traditions, customs, beliefs, and folklife 

that are a valuable part of the heritage of the United 

States; 

(E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features; 

(F) provides outstanding recreational or educational 

opportunities; 

(G) contains resources and has traditional uses that 

have national importance; 

(H) includes residents, business interests, nonprofit 

organizations, and appropriate Federal agencies and State 

and local governments that are involved in the planning 

of, and have demonstrated significant support for, the designation and management of the proposed Heritage Area; 

(I) has a proposed local coordinating entity that is 

responsible for preparing and implementing the management plan developed for the proposed Heritage Area; 

(J) with respect to the designation of the study area, 

has the support of the proposed local coordinating entity 

and appropriate Federal agencies and State and local 

governments, each of which has documented the commitment of the entity to work in partnership with each other 

entity to protect, enhance, interpret, fund, manage, and 

develop the resources located in the study area; 

(K) through the proposed local coordinating entity, has 

developed a conceptual financial plan that outlines the 

roles of all participants (including the Federal Government) 

in the management of the proposed Heritage Area; 

(L) has a proposal that is consistent with continued 

economic activity within the area; and 

(M) has a conceptual boundary map that is supported 

by the public and appropriate Federal agencies. 

(3) ADDITIONAL CONSULTATION REQUIREMENT.—In conducting the study under paragraph (1), the Secretary shall— 

(A) consult with the managers of any Federal land 

located within the study area; and 


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(B) before making any determination with respect to 

the designation of the study area, secure the concurrence 

of each manager with respect to each finding of the study. 

(c) DETERMINATION.— (1) IN GENERAL.—The Secretary, in consultation with the 

Governor of the State, shall review, comment on, and determine 

if the study area meets each requirement described in subsection (b)(2) for designation as a national heritage area. 

(2) REPORT.— (A) IN GENERAL.—Not later than 3 fiscal years after 

the date on which funds are first made available to carry 

out the study, the Secretary shall submit a report 

describing the findings, conclusions, and recommendations 

of the study to— 

(i) the Committee on Energy and Natural 

Resources of the Senate; and 

(ii) the Committee on Natural Resources of the 

House of Representatives. 

(B) REQUIREMENTS.— (i) IN GENERAL.—The report shall contain— 

(I) any comments that the Secretary has 

received from the Governor of the State relating 

to the designation of the study area as a national 

heritage area; and 

(II) a finding as to whether the study area 

meets each requirement described in subsection 

(b)(2) for designation as a national heritage area. 

(ii) DISAPPROVAL.—If the Secretary determines 

that the study area does not meet any requirement 

described in subsection (b)(2) for designation as a 

national heritage area, the Secretary shall include in 

the report a description of each reason for the determination. 

Subtitle C—Amendments Relating to 

National Heritage Corridors 

SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL 

HERITAGE CORRIDOR. 

(a) TERMINATION OF AUTHORITY.—Section 106(b) of the 

Quinebaug and Shetucket Rivers Valley National Heritage Corridor 

Act of 1994 (16 U.S.C. 461 note; Public Law 103–449) is amended 

by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 

2015’’. 

(b) EVALUATION; REPORT.—Section 106 of the Quinebaug and 

Shetucket Rivers Valley National Heritage Corridor Act of 1994 

(16 U.S.C. 461 note; Public Law 103–449) is amended by adding 

at the end the following: 

‘‘(c) EVALUATION; REPORT.— 

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

on which authority for Federal funding terminates for the Corridor, the Secretary shall— 

‘‘(A) conduct an evaluation of the accomplishments of 

the Corridor; and 

‘‘(B) prepare a report in accordance with paragraph 

(3). 


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‘‘(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall— 

‘‘(A) assess the progress of the management entity 

with respect to— 

‘‘(i) accomplishing the purposes of this title for 

the Corridor; and 

‘‘(ii) achieving the goals and objectives of the 

management plan for the Corridor; 

‘‘(B) analyze the Federal, State, local, and private 

investments in the Corridor to determine the leverage and 

impact of the investments; and 

‘‘(C) review the management structure, partnership 

relationships, and funding of the Corridor for purposes 

of identifying the critical components for sustainability of 

the Corridor. 

‘‘(3) REPORT.— ‘‘(A) IN GENERAL.—Based on the evaluation conducted 

under paragraph (1)(A), the Secretary shall prepare a 

report that includes recommendations for the future role 

of the National Park Service, if any, with respect to the 

Corridor. 

‘‘(B) REQUIRED ANALYSIS.—If the report prepared under 

subparagraph (A) recommends that Federal funding for 

the Corridor be reauthorized, the report shall include an 

analysis of— 

‘‘(i) ways in which Federal funding for the Corridor 

may be reduced or eliminated; and 

‘‘(ii) the appropriate time period necessary to 

achieve the recommended reduction or elimination. 

‘‘(C) SUBMISSION TO CONGRESS.—On completion of the 

report, the Secretary shall submit the report to— 

‘‘(i) the Committee on Energy and Natural 

Resources of the Senate; and 

‘‘(ii) the Committee on Natural Resources of the 

House of Representatives.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 109(a) of the 

Quinebaug and Shetucket Rivers Valley National Heritage Corridor 

Act of 1994 (16 U.S.C. 461 note; Public Law 103–449) is amended 

by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR. 

The Delaware and Lehigh National Heritage Corridor Act of 

1988 (16 U.S.C. 461 note; Public Law 100–692) is amended— 

(1) in section 9— 

(A) by striking ‘‘The Commission’’ and inserting the 

following: 

‘‘(a) IN GENERAL.—The Commission’’; and 

(B) by adding at the end the following: 

‘‘(b) CORPORATION AS LOCAL COORDINATING ENTITY.—Beginning 

on the date of enactment of the Omnibus Public Land Management 

Act of 2009, the Corporation shall be the local coordinating entity 

for the Corridor. 

‘‘(c) IMPLEMENTATION OF MANAGEMENT PLAN.—The Corporation 

shall assume the duties of the Commission for the implementation 

of the Plan. 

‘‘(d) USE OF FUNDS.—The Corporation may use Federal funds 

made available under this Act— 

Effective date. 


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‘‘(1) to make grants to, and enter into cooperative agreements with, the Federal Government, the Commonwealth, political subdivisions of the Commonwealth, nonprofit organizations, 

and individuals; 

‘‘(2) to hire, train, and compensate staff; and 

‘‘(3) to enter into contracts for goods and services. 

‘‘(e) RESTRICTION ON USE OF FUNDS.—The Corporation may 

not use Federal funds made available under this Act to acquire 

land or an interest in land.’’; 

(2) in section 10— 

(A) in the first sentence of subsection (c), by striking 

‘‘shall assist the Commission’’ and inserting ‘‘shall, on the 

request of the Corporation, assist’’; 

(B) in subsection (d)— 

(i) by striking ‘‘Commission’’ each place it appears 

and inserting ‘‘Corporation’’; 

(ii) by striking ‘‘The Secretary’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—The Secretary’’; and 

(iii) by adding at the end the following: 

‘‘(2) COOPERATIVE AGREEMENTS.—The Secretary may enter 

into cooperative agreements with the Corporation and other 

public or private entities for the purpose of providing technical 

assistance and grants under paragraph (1). 

‘‘(3) PRIORITY.—In providing assistance to the Corporation 

under paragraph (1), the Secretary shall give priority to activities that assist in— 

‘‘(A) conserving the significant natural, historic, cultural, and scenic resources of the Corridor; and 

‘‘(B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the 

Corridor.’’; and 

(C) by adding at the end the following: 

‘‘(e) TRANSITION MEMORANDUM OF UNDERSTANDING.—The Secretary shall enter into a memorandum of understanding with the 

Corporation to ensure— 

‘‘(1) appropriate transition of management of the Corridor 

from the Commission to the Corporation; and 

‘‘(2) coordination regarding the implementation of the 

Plan.’’; 

(3) in section 11, in the matter preceding paragraph (1), 

by striking ‘‘directly affecting’’; 

(4) in section 12— 

(A) in subsection (a), by striking ‘‘Commission’’ each 

place it appears and inserting ‘‘Corporation’’; 

(B) in subsection (c)(1), by striking ‘‘2007’’ and inserting 

‘‘2012’’; and 

(C) by adding at the end the following: 

‘‘(d) TERMINATION OF ASSISTANCE.—The authority of the Secretary to provide financial assistance under this Act terminates 

on the date that is 5 years after the date of enactment of this 

subsection.’’; and 

(5) in section 14— 

(A) by redesignating paragraphs (4), (5), and (6) as 

paragraphs (5), (6), and (7), respectively; and 

(B) by inserting after paragraph (3) the following: 


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‘‘(4) the term ‘Corporation’ means the Delaware & Lehigh 

National Heritage Corridor, Incorporated, an organization 

described in section 501(c)(3), and exempt from Federal tax 

under section 501(a), of the Internal Revenue Code of 1986;’’. 

SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR. 

The Erie Canalway National Heritage Corridor Act (16 U.S.C. 

461 note; Public Law 106–554) is amended— 

(1) in section 804— 

(A) in subsection (b)— 

(i) in the matter preceding paragraph (1), by 

striking ‘‘27’’ and inserting ‘‘at least 21 members, but 

not more than 27’’; 

(ii) in paragraph (2), by striking ‘‘Environment’’ 

and inserting ‘‘Environmental’’; and 

(iii) in paragraph (3)— 

(I) in the matter preceding subparagraph (A), 

by striking ‘‘19’’; 

(II) by striking subparagraph (A); 

(III) by redesignating subparagraphs (B) and 

(C) as subparagraphs (A) and (B), respectively; 

(IV) in subparagraph (B) (as redesignated by 

subclause (III)), by striking the second sentence; 

and 

(V) by inserting after subparagraph (B) (as 

redesignated by subclause (III)) the following: 

‘‘(C) The remaining members shall be— 

‘‘(i) appointed by the Secretary, based on recommendations from each member of the House of Representatives, the district of which encompasses the Corridor; and 

‘‘(ii) persons that are residents of, or employed 

within, the applicable congressional districts.’’; 

(B) in subsection (f), by striking ‘‘Fourteen members 

of the Commission’’ and inserting ‘‘A majority of the serving 

Commissioners’’; 

(C) in subsection (g), by striking ‘‘14 of its members’’ 

and inserting ‘‘a majority of the serving Commissioners’’; 

(D) in subsection (h), by striking paragraph (4) and 

inserting the following: 

‘‘(4)(A) to appoint any staff that may be necessary to carry 

out the duties of the Commission, subject to the provisions 

of title 5, United States Code, relating to appointments in 

the competitive service; and 

‘‘(B) to fix the compensation of the staff, in accordance 

with the provisions of chapter 51 and subchapter III of chapter 

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

of positions and General Schedule pay rates;’’; and 

(E) in subsection (j), by striking ‘‘10 years’’ and 

inserting ‘‘15 years’’; 

(2) in section 807— 

(A) in subsection (e), by striking ‘‘with regard to the 

preparation and approval of the Canalway Plan’’; and 

(B) by adding at the end the following: 

‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the availability of 

appropriations, the Superintendent of Saratoga National Historical 

Park may, on request, provide to public and private organizations 

Definition. 


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in the Corridor (including the Commission) any operational assistance that is appropriate to assist with the implementation of the 

Canalway Plan.’’; and 

(3) in section 810(a)(1), in the first sentence, by striking 

‘‘any fiscal year’’ and inserting ‘‘any fiscal year, to remain 

available until expended’’. 

SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL 

HERITAGE CORRIDOR. 

Section 3(b)(2) of Public Law 99–647 (16 U.S.C. 461 note; 100 

Stat. 3626, 120 Stat. 1857) is amended— 

(1) by striking ‘‘shall be the the’’ and inserting ‘‘shall be 

the’’; and 

(2) by striking ‘‘Directors from Massachusetts and Rhode 

Island;’’ and inserting ‘‘Directors from Massachusetts and 

Rhode Island, ex officio, or their delegates;’’. 

Subtitle D—Effect of Title 

SEC. 8301. EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES. 

Nothing in this title shall be construed as affecting access 

for recreational activities otherwise allowed by law or regulation, 

including hunting, fishing, or trapping. 

TITLE IX—BUREAU OF RECLAMATION 

AUTHORIZATIONS 

Subtitle A—Feasibility Studies 

SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO. 

(a) IN GENERAL.—The Secretary of the Interior, acting through 

the Bureau of Reclamation, may conduct feasibility studies on 

projects that address water shortages within the Snake, Boise, 

and Payette River systems in the State of Idaho, and are considered 

appropriate for further study by the Bureau of Reclamation Boise 

Payette water storage assessment report issued during 2006. 

(b) BUREAU OF RECLAMATION.—A study conducted under this 

section shall comply with Bureau of Reclamation policy standards 

and guidelines for studies. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary of the Interior to carry out 

this section $3,000,000. 

(d) TERMINATION OF EFFECTIVENESS.—The authority provided 

by this section terminates on the date that is 10 years after the 

date of enactment of this Act. 

SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA. 

(a) DEFINITIONS.—In this section: 

(1) APPRAISAL REPORT.—The term ‘‘appraisal report’’ means 

the appraisal report concerning the augmentation alternatives 

for the Sierra Vista Subwatershed in the State of Arizona, 

dated June 2007 and prepared by the Bureau of Reclamation. 

(2) PRINCIPLES AND GUIDELINES.—The term ‘‘principles and 

guidelines’’ means the report entitled ‘‘Economic and Environmental Principles and Guidelines for Water and Related Land 


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Resources Implementation Studies’’ issued on March 10, 1983, 

by the Water Resources Council established under title I of 

the Water Resources Planning Act (42 U.S.C. 1962a et seq.). 

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

of the Interior. 

(b) SIERRA VISTA SUBWATERSHED FEASIBILITY STUDY.— (1) STUDY.— (A) IN GENERAL.—In accordance with the reclamation 

laws and the principles and guidelines, the Secretary, 

acting through the Commissioner of Reclamation, may complete a feasibility study of alternatives to augment the 

water supplies within the Sierra Vista Subwatershed in 

the State of Arizona that are identified as appropriate 

for further study in the appraisal report. 

(B) INCLUSIONS.—In evaluating the feasibility of alternatives under subparagraph (A), the Secretary shall— 

(i) include— 

(I) any required environmental reviews; 

(II) the construction costs and projected operations, maintenance, and replacement costs for 

each alternative; and 

(III) the economic feasibility of each alternative; 

(ii) take into consideration the ability of Federal, 

tribal, State, and local government sources and private 

sources to fund capital construction costs and annual 

operation, maintenance, energy, and replacement costs; 

(iii) establish the basis for— 

(I) any cost-sharing allocations; and 

(II) anticipated repayment, if any, of Federal 

contributions; and 

(iv) perform a cost-benefit analysis. 

(2) COST SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the total costs 

of the study under paragraph (1) shall not exceed 45 percent. 

(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 

share required under subparagraph (A) may be in the 

form of any in-kind service that the Secretary determines 

would contribute substantially toward the conduct and 

completion of the study under paragraph (1). 

(3) STATEMENT OF CONGRESSIONAL INTENT RELATING TO

COMPLETION OF STUDY.—It is the intent of Congress that the 

Secretary complete the study under paragraph (1) by a date 

that is not later than 30 months after the date of enactment 

of this Act. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this 

subsection $1,260,000. 

(c) WATER RIGHTS.—Nothing in this section affects— 

(1) any valid or vested water right in existence on the 

date of enactment of this Act; or 

(2) any application for water rights pending before the 

date of enactment of this Act. 

SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA. 

(a) FEASIBILITY STUDY, PROJECT DEVELOPMENT, COST SHARE.— 

Deadline. 


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(1) IN GENERAL.—The Secretary of the Interior (hereinafter 

referred to as ‘‘Secretary’’), in consultation and cooperation 

with the City of San Diego and the Sweetwater Authority, 

is authorized to undertake a study to determine the feasibility 

of constructing a four reservoir intertie system to improve 

water storage opportunities, water supply reliability, and water 

yield of the existing non-Federal water storage system. The 

feasibility study shall document the Secretary’s engineering, 

environmental, and economic investigation of the proposed reservoir and intertie project taking into consideration the range 

of potential solutions and the circumstances and needs of the 

area to be served by the proposed reservoir and intertie project, 

the potential benefits to the people of that service area, and 

improved operations of the proposed reservoir and intertie 

system. The Secretary shall indicate in the feasibility report 

required under paragraph (4) whether the proposed reservoir 

and intertie project is recommended for construction. 

(2) FEDERAL COST SHARE.—The Federal share of the costs 

of the feasibility study shall not exceed 50 percent of the 

total study costs. The Secretary may accept as part of the 

non-Federal cost share, any contribution of such in-kind services by the City of San Diego and the Sweetwater Authority 

that the Secretary determines will contribute toward the conduct and completion of the study. 

(3) COOPERATION.—The Secretary shall consult and 

cooperate with appropriate State, regional, and local authorities 

in implementing this subsection. 

(4) FEASIBILITY REPORT.—The Secretary shall submit to 

Congress a feasibility report for the project the Secretary recommends, and to seek, as the Secretary deems appropriate, 

specific authority to develop and construct any recommended 

project. This report shall include— 

(A) good faith letters of intent by the City of San 

Diego and the Sweetwater Authority and its non-Federal 

partners to indicate that they have committed to share 

the allocated costs as determined by the Secretary; and 

(B) a schedule identifying the annual operation, 

maintenance, and replacement costs that should be allocated to the City of San Diego and the Sweetwater 

Authority, as well as the current and expected financial 

capability to pay operation, maintenance, and replacement 

costs. 

(b) FEDERAL RECLAMATION PROJECTS.—Nothing in this section 

shall supersede or amend the provisions of Federal Reclamation 

laws or laws associated with any project or any portion of any 

project constructed under any authority of Federal Reclamation 

laws. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary $3,000,000 for the Federal 

cost share of the study authorized in subsection (a). 

(d) SUNSET.—The authority of the Secretary to carry out any 

provisions of this section shall terminate 10 years after the date 

of the enactment of this Act. 


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Subtitle B—Project Authorizations 

SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CONSERVATION 

PROJECT, OREGON. 

(a) DEFINITIONS.—In this section: 

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

Irrigation District, Oregon. 

(2) PROJECT.—The term ‘‘Project’’ means the Tumalo Irrigation District Water Conservation Project authorized under subsection (b)(1). 

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

of the Interior. 

(b) AUTHORIZATION TO PLAN, DESIGN AND CONSTRUCT THE

TUMALO WATER CONSERVATION PROJECT.— (1) AUTHORIZATION.—The Secretary, in cooperation with 

the District— 

(A) may participate in the planning, design, and 

construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon; and 

(B) for purposes of planning and designing the Project, 

shall take into account any appropriate studies and reports 

prepared by the District. 

(2) COST-SHARING REQUIREMENT.— 

(A) FEDERAL SHARE.—The Federal share of the total 

cost of the Project shall be 25 percent, which shall be 

nonreimbursable to the United States. 

(B) CREDIT TOWARD NON-FEDERAL SHARE.—The Secretary shall credit toward the non-Federal share of the 

Project any amounts that the District provides toward the 

design, planning, and construction before the date of enactment of this Act. 

(3) TITLE.—The District shall hold title to any facilities 

constructed under this section. 

(4) OPERATION AND MAINTENANCE COSTS.—The District 

shall pay the operation and maintenance costs of the Project. 

(5) EFFECT.—Any assistance provided under this section 

shall not be considered to be a supplemental or additional 

benefit under Federal reclamation law (the Act of June 17, 

1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 

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

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary for the Federal share of the 

cost of the Project $4,000,000. 

(d) TERMINATION OF AUTHORITY.—The authority of the Secretary to carry out this section shall expire on the date that is 

10 years after the date of enactment of this Act. 

SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT PROJECT, CALIFORNIA. 

(a) DEFINITIONS.—In this section: 

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

Irrigation District, Madera, California. 

(2) PROJECT.—The term ‘‘Project’’ means the Madera Water 

Supply Enhancement Project, a groundwater bank on the 

13,646-acre Madera Ranch in Madera, California, owned, operated, maintained, and managed by the District that will plan, 


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design, and construct recharge, recovery, and delivery systems 

able to store up to 250,000 acre-feet of water and recover 

up to 55,000 acre-feet of water per year, as substantially 

described in the California Environmental Quality Act, Final 

Environmental Impact Report for the Madera Irrigation District 

Water Supply Enhancement Project, September 2005. 

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

of the Interior. 

(4) TOTAL COST.—The term ‘‘total cost’’ means all reasonable costs, such as the planning, design, permitting, and 

construction of the Project and the acquisition costs of lands 

used or acquired by the District for the Project. 

(b) PROJECT FEASIBILITY.— 

(1) PROJECT FEASIBLE.—Pursuant to the Reclamation Act 

of 1902 (32 Stat. 388) and Acts amendatory thereof and supplemental thereto, the Project is feasible and no further studies 

or actions regarding feasibility are necessary. 

(2) APPLICABILITY OF OTHER LAWS.—The Secretary shall 

implement the authority provided in this section in accordance 

with all applicable Federal laws, including the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

and the Endangered Species Act of 1973 (7 U.S.C. 136; 16 

U.S.C. 460 et seq.). 

(c) COOPERATIVE AGREEMENT.—All final planning and design 

and the construction of the Project authorized by this section shall 

be undertaken in accordance with a cooperative agreement between 

the Secretary and the District for the Project. Such cooperative 

agreement shall set forth in a manner acceptable to the Secretary 

and the District the responsibilities of the District for participating, 

which shall include— 

(1) engineering and design; 

(2) construction; and 

(3) the administration of contracts pertaining to any of 

the foregoing. 

(d) AUTHORIZATION FOR THE MADERA WATER SUPPLY AND

ENHANCEMENT PROJECT.— 

(1) AUTHORIZATION OF CONSTRUCTION.—The Secretary, 

acting pursuant to the Federal reclamation laws (Act of June 

17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, is authorized to enter into a cooperative agreement through the Bureau of Reclamation with the District 

for the support of the final design and construction of the 

Project. 

(2) TOTAL COST.—The total cost of the Project for the purposes of determining the Federal cost share shall not exceed 

$90,000,000. 

(3) COST SHARE.—The Federal share of the capital costs 

of the Project shall be provided on a nonreimbursable basis 

and shall not exceed 25 percent of the total cost. Capital, 

planning, design, permitting, construction, and land acquisition 

costs incurred by the District prior to the date of the enactment 

of this Act shall be considered a portion of the non-Federal 

cost share. 

(4) CREDIT FOR NON-FEDERAL WORK.—The District shall 

receive credit toward the non-Federal share of the cost of the 

Project for— 

Contracts. 


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(A) in-kind services that the Secretary determines 

would contribute substantially toward the completion of 

the project; 

(B) reasonable costs incurred by the District as a result 

of participation in the planning, design, permitting, and 

construction of the Project; and 

(C) the acquisition costs of lands used or acquired 

by the District for the Project. 

(5) LIMITATION.—The Secretary shall not provide funds for 

the operation or maintenance of the Project authorized by this 

subsection. The operation, ownership, and maintenance of the 

Project shall be the sole responsibility of the District. 

(6) PLANS AND ANALYSES CONSISTENT WITH FEDERAL LAW.— Before obligating funds for design or construction under this 

subsection, the Secretary shall work cooperatively with the 

District to use, to the extent possible, plans, designs, and 

engineering and environmental analyses that have already been 

prepared by the District for the Project. The Secretary shall 

ensure that such information as is used is consistent with 

applicable Federal laws and regulations. 

(7) TITLE; RESPONSIBILITY; LIABILITY.—Nothing in this subsection or the assistance provided under this subsection shall 

be construed to transfer title, responsibility, or liability related 

to the Project to the United States. 

(8) AUTHORIZATION OF APPROPRIATION.—There is authorized to be appropriated to the Secretary to carry out this 

subsection $22,500,000 or 25 percent of the total cost of the 

Project, whichever is less. 

(e) SUNSET.—The authority of the Secretary to carry out any 

provisions of this section shall terminate 10 years after the date 

of the enactment of this Act. 

SEC. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM PROJECT, 

NEW MEXICO. 

(a) DEFINITIONS.—In this section: 

(1) AUTHORITY.—The term ‘‘Authority’’ means the Eastern 

New Mexico Rural Water Authority, an entity formed under 

State law for the purposes of planning, financing, developing, 

and operating the System. 

(2) ENGINEERING REPORT.—The term ‘‘engineering report’’ 

means the report entitled ‘‘Eastern New Mexico Rural Water 

System Preliminary Engineering Report’’ and dated October 

2006. 

(3) PLAN.—The term ‘‘plan’’ means the operation, maintenance, and replacement plan required by subsection (c)(2). 

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

of the Interior. 

(5) STATE.—The term ‘‘State’’ means the State of New 

Mexico. 

(6) SYSTEM.— 

(A) IN GENERAL.—The term ‘‘System’’ means the 

Eastern New Mexico Rural Water System, a water delivery 

project designed to deliver approximately 16,500 acre-feet 

of water per year from the Ute Reservoir to the cities 

of Clovis, Elida, Grady, Melrose, Portales, and Texico and 

other locations in Curry, Roosevelt, and Quay Counties 

in the State. 


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(B) INCLUSIONS.—The term ‘‘System’’ includes the 

major components and associated infrastructure identified 

as the ‘‘Best Technical Alternative’’ in the engineering 

report. 

(7) UTE RESERVOIR.—The term ‘‘Ute Reservoir’’ means the 

impoundment of water created in 1962 by the construction 

of the Ute Dam on the Canadian River, located approximately 

32 miles upstream of the border between New Mexico and 

Texas. 

(b) EASTERN NEW MEXICO RURAL WATER SYSTEM.— (1) FINANCIAL ASSISTANCE.— (A) IN GENERAL.—The Secretary may provide financial 

and technical assistance to the Authority to assist in planning, designing, conducting related preconstruction activities for, and constructing the System. 

(B) USE.— (i) IN GENERAL.—Any financial assistance provided 

under subparagraph (A) shall be obligated and 

expended only in accordance with a cooperative agreement entered into under subsection (d)(1)(B). 

(ii) LIMITATIONS.—Financial assistance provided 

under clause (i) shall not be used— 

(I) for any activity that is inconsistent with 

constructing the System; or 

(II) to plan or construct facilities used to 

supply irrigation water for irrigated agricultural 

purposes. 

(2) COST-SHARING REQUIREMENT.— 

(A) IN GENERAL.—The Federal share of the total cost 

of any activity or construction carried out using amounts 

made available under this section shall be not more than 

75 percent of the total cost of the System. 

(B) SYSTEM DEVELOPMENT COSTS.—For purposes of 

subparagraph (A), the total cost of the System shall include 

any costs incurred by the Authority or the State on or 

after October 1, 2003, for the development of the System. 

(3) LIMITATION.—No amounts made available under this 

section may be used for the construction of the System until— 

(A) a plan is developed under subsection (c)(2); and 

(B) the Secretary and the Authority have complied 

with any requirements of the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to 

the System. 

(4) TITLE TO PROJECT WORKS.—Title to the infrastructure 

of the System shall be held by the Authority or as may otherwise be specified under State law. 

(c) OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.— 

(1) IN GENERAL.—The Authority shall be responsible for 

the annual operation, maintenance, and replacement costs associated with the System. 

(2) OPERATION, MAINTENANCE, AND REPLACEMENT PLAN.— The Authority, in consultation with the Secretary, shall develop 

an operation, maintenance, and replacement plan that establishes the rates and fees for beneficiaries of the System in 

the amount necessary to ensure that the System is properly 

maintained and capable of delivering approximately 16,500 

acre-feet of water per year. 


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(d) ADMINISTRATIVE PROVISIONS.— 

(1) COOPERATIVE AGREEMENTS.— 

(A) IN GENERAL.—The Secretary may enter into any 

contract, grant, cooperative agreement, or other agreement 

that is necessary to carry out this section. 

(B) COOPERATIVE AGREEMENT FOR PROVISION OF FINANCIAL ASSISTANCE.— 

(i) IN GENERAL.—The Secretary shall enter into 

a cooperative agreement with the Authority to provide 

financial assistance and any other assistance requested 

by the Authority for planning, design, related 

preconstruction activities, and construction of the 

System. 

(ii) REQUIREMENTS.—The cooperative agreement 

entered into under clause (i) shall, at a minimum, 

specify the responsibilities of the Secretary and the 

Authority with respect to— 

(I) ensuring that the cost-share requirements 

established by subsection (b)(2) are met; 

(II) completing the planning and final design 

of the System; 

(III) any environmental and cultural resource 

compliance activities required for the System; and 

(IV) the construction of the System. 

(2) TECHNICAL ASSISTANCE.—At the request of the 

Authority, the Secretary may provide to the Authority any 

technical assistance that is necessary to assist the Authority 

in planning, designing, constructing, and operating the System. 

(3) BIOLOGICAL ASSESSMENT.—The Secretary shall consult 

with the New Mexico Interstate Stream Commission and the 

Authority in preparing any biological assessment under the 

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

may be required for planning and constructing the System. 

(4) EFFECT.—Nothing in this section— 

(A) affects or preempts— 

(i) State water law; or 

(ii) an interstate compact relating to the allocation 

of water; or 

(B) confers on any non-Federal entity the ability to 

exercise any Federal rights to— 

(i) the water of a stream; or 

(ii) any groundwater resource. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—In accordance with the adjustment carried out under paragraph (2), there is authorized to be appropriated to the Secretary to carry out this section an amount 

not greater than $327,000,000. 

(2) ADJUSTMENT.—The amount made available under paragraph (1) shall be adjusted to reflect changes in construction 

costs occurring after January 1, 2007, as indicated by 

engineering cost indices applicable to the types of construction 

necessary to carry out this section. 

(3) NONREIMBURSABLE AMOUNTS.—Amounts made available 

to the Authority in accordance with the cost-sharing requirement under subsection (b)(2) shall be nonreimbursable and 

nonreturnable to the United States. 

Consultation. 


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(4) AVAILABILITY OF FUNDS.—At the end of each fiscal year, 

any unexpended funds appropriated pursuant to this section 

shall be retained for use in future fiscal years consistent with 

this section. 

SEC. 9104. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALIFORNIA. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI; 

43 U.S.C. 390h et seq.) is amended by adding at the end the 

following: 

‘‘SEC. 1649. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALIFORNIA. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

Rancho California Water District, California, may participate in 

the design, planning, and construction of permanent facilities for 

water recycling, demineralization, and desalination, and distribution of non-potable water supplies in Southern Riverside County, 

California. 

‘‘(b) COST SHARING.—The Federal share of the cost of the project 

described in subsection (a) shall not exceed 25 percent of the total 

cost of the project or $20,000,000, whichever is less. 

‘‘(c) LIMITATION.—Funds provided by the Secretary under this 

section shall not be used for operation or maintenance of the project 

described in subsection (a).’’. 

(b) CLERICAL AMENDMENT.—The table of items in section 2 

of Public Law 102–575 is amended by inserting after the last 

item the following: 

‘‘Sec. 1649. Rancho California Water District Project, California.’’. 

SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, COLORADO. 

(a) DEFINITIONS.—In this section: 

(1) ASSESSMENT.—The term ‘‘assessment’’ means the 

engineering document that is— 

(A) entitled ‘‘Jackson Gulch Inlet Canal Project, Jackson Gulch Outlet Canal Project, Jackson Gulch Operations 

Facilities Project: Condition Assessment and Recommendations for Rehabilitation’’; 

(B) dated February 2004; and 

(C) on file with the Bureau of Reclamation. 

(2) DISTRICT.—The term ‘‘District’’ means the Mancos 

Water Conservancy District established under the Water 

Conservancy Act (Colo. Rev. Stat. 37–45–101 et seq.). 

(3) PROJECT.—The term ‘‘Project’’ means the Jackson Gulch 

rehabilitation project, a program for the rehabilitation of the 

Jackson Gulch Canal system and other infrastructure in the 

State, as described in the assessment. 

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

of the Interior, acting through the Commissioner of Reclamation. 

(5) STATE.—The term ‘‘State’’ means the State of Colorado. 

(b) AUTHORIZATION OF JACKSON GULCH REHABILITATION

PROJECT.— 

(1) IN GENERAL.—Subject to the reimbursement requirement described in paragraph (3), the Secretary shall pay the 

Federal share of the total cost of carrying out the Project. 

Payments. 

43 USC 390h–32. 


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(2) USE OF EXISTING INFORMATION.—In preparing any 

studies relating to the Project, the Secretary shall, to the maximum extent practicable, use existing studies, including 

engineering and resource information provided by, or at the 

direction of— 

(A) Federal, State, or local agencies; and 

(B) the District. 

(3) REIMBURSEMENT REQUIREMENT.— 

(A) AMOUNT.—The Secretary shall recover from the 

District as reimbursable expenses the lesser of— 

(i) the amount equal to 35 percent of the cost 

of the Project; or 

(ii) $2,900,000. 

(B) MANNER.—The Secretary shall recover reimbursable expenses under subparagraph (A)— 

(i) in a manner agreed to by the Secretary and 

the District; 

(ii) over a period of 15 years; and 

(iii) with no interest. 

(C) CREDIT.—In determining the exact amount of 

reimbursable expenses to be recovered from the District, 

the Secretary shall credit the District for any amounts 

it paid before the date of enactment of this Act for 

engineering work and improvements directly associated 

with the Project. 

(4) PROHIBITION ON OPERATION AND MAINTENANCE COSTS.— 

The District shall be responsible for the operation and maintenance of any facility constructed or rehabilitated under this 

section. 

(5) LIABILITY.—The United States shall not be liable for 

damages of any kind arising out of any act, omission, or occurrence relating to a facility rehabilitated or constructed under 

this section. 

(6) EFFECT.—An activity provided Federal funding under 

this section shall not be considered a supplemental or additional 

benefit under— 

(A) the reclamation laws; or 

(B) the Act of August 11, 1939 (16 U.S.C. 590y et 

seq.). 

(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to pay the Federal 

share of the total cost of carrying out the Project $8,250,000. 

SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO. 

(a) FINDINGS AND PURPOSE.— 

(1) FINDINGS.—Congress finds that— 

(A) drought, population increases, and environmental 

needs are exacerbating water supply issues across the 

western United States, including the Rio Grande Basin 

in New Mexico; 

(B) a report developed by the Bureau of Reclamation 

and the Bureau of Indian Affairs in 2000 identified a 

serious need for the rehabilitation and repair of irrigation 

infrastructure of the Rio Grande Pueblos; 

(C) inspection of existing irrigation infrastructure of 

the Rio Grande Pueblos shows that many key facilities, 


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such as diversion structures and main conveyance ditches, 

are unsafe and barely, if at all, operable; 

(D) the benefits of rehabilitating and repairing irrigation infrastructure of the Rio Grande Pueblos include— 

(i) water conservation; 

(ii) extending available water supplies; 

(iii) increased agricultural productivity; 

(iv) economic benefits; 

(v) safer facilities; and 

(vi) the preservation of the culture of Indian 

Pueblos in the State; 

(E) certain Indian Pueblos in the Rio Grande Basin 

receive water from facilities operated or owned by the 

Bureau of Reclamation; and 

(F) rehabilitation and repair of irrigation infrastructure 

of the Rio Grande Pueblos would improve— 

(i) overall water management by the Bureau of 

Reclamation; and 

(ii) the ability of the Bureau of Reclamation to 

help address potential water supply conflicts in the 

Rio Grande Basin. 

(2) PURPOSE.—The purpose of this section is to direct the 

Secretary— 

(A) to assess the condition of the irrigation infrastructure of the Rio Grande Pueblos; 

(B) to establish priorities for the rehabilitation of 

irrigation infrastructure of the Rio Grande Pueblos in 

accordance with specified criteria; and 

(C) to implement projects to rehabilitate and improve 

the irrigation infrastructure of the Rio Grande Pueblos. 

(b) DEFINITIONS.—In this section: 

(1) 2004 AGREEMENT.—The term ‘‘2004 Agreement’’ means 

the agreement entitled ‘‘Agreement By and Between the United 

States of America and the Middle Rio Grande Conservancy 

District, Providing for the Payment of Operation and Maintenance Charges on Newly Reclaimed Pueblo Indian Lands in 

the Middle Rio Grande Valley, New Mexico’’ and executed in 

September 2004 (including any successor agreements and 

amendments to the agreement). 

(2) DESIGNATED ENGINEER.—The term ‘‘designated engineer’’ means a Federal employee designated under the Act 

of February 14, 1927 (69 Stat. 1098, chapter 138) to represent 

the United States in any action involving the maintenance, 

rehabilitation, or preservation of the condition of any irrigation 

structure or facility on land located in the Six Middle Rio 

Grande Pueblos. 

(3) DISTRICT.—The term ‘‘District’’ means the Middle Rio 

Grande Conservancy District, a political subdivision of the State 

established in 1925. 

(4) PUEBLO IRRIGATION INFRASTRUCTURE.—The term 

‘‘Pueblo irrigation infrastructure’’ means any diversion structure, conveyance facility, or drainage facility that is— 

(A) in existence as of the date of enactment of this 

Act; and 

(B) located on land of a Rio Grande Pueblo that is 

associated with— 


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(i) the delivery of water for the irrigation of agricultural land; or 

(ii) the carriage of irrigation return flows and 

excess water from the land that is served. 

(5) RIO GRANDE BASIN.—The term ‘‘Rio Grande Basin’’ 

means the headwaters of the Rio Chama and the Rio Grande 

Rivers (including any tributaries) from the State line between 

Colorado and New Mexico downstream to the elevation corresponding with the spillway crest of Elephant Butte Dam 

at 4,457.3 feet mean sea level. 

(6) RIO GRANDE PUEBLO.—The term ‘‘Rio Grande Pueblo’’ 

means any of the 18 Pueblos that— 

(A) occupy land in the Rio Grande Basin; and 

(B) are included on the list of federally recognized 

Indian tribes published by the Secretary in accordance 

with section 104 of the Federally Recognized Indian Tribe 

List Act of 1994 (25 U.S.C. 479a–1). 

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

of the Interior, acting through the Commissioner of Reclamation. 

(8) SIX MIDDLE RIO GRANDE PUEBLOS.—The term ‘‘Six 

Middle Rio Grande Pueblos’’ means each of the Pueblos of 

Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and 

Isleta. 

(9) SPECIAL PROJECT.—The term ‘‘special project’’ has the 

meaning given the term in the 2004 Agreement. 

(10) STATE.—The term ‘‘State’’ means the State of New 

Mexico. 

(c) IRRIGATION INFRASTRUCTURE STUDY.— 

(1) STUDY.— 

(A) IN GENERAL.—On the date of enactment of this 

Act, the Secretary, in accordance with subparagraph (B), 

and in consultation with the Rio Grande Pueblos, shall— 

(i) conduct a study of Pueblo irrigation infrastructure; and 

(ii) based on the results of the study, develop a 

list of projects (including a cost estimate for each 

project), that are recommended to be implemented over 

a 10-year period to repair, rehabilitate, or reconstruct 

Pueblo irrigation infrastructure. 

(B) REQUIRED CONSENT.—In carrying out subparagraph 

(A), the Secretary shall only include each individual Rio 

Grande Pueblo that notifies the Secretary that the Pueblo 

consents to participate in— 

(i) the conduct of the study under subparagraph 

(A)(i); and 

(ii) the development of the list of projects under 

subparagraph (A)(ii) with respect to the Pueblo. 

(2) PRIORITY.— 

(A) CONSIDERATION OF FACTORS.— 

(i) IN GENERAL.—In developing the list of projects 

under paragraph (1)(A)(ii), the Secretary shall— 

(I) consider each of the factors described in 

subparagraph (B); and 

(II) prioritize the projects recommended for 

implementation based on— 

(aa) a review of each of the factors; and 

Notification. 

Effective date. 


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(bb) a consideration of the projected benefits of the project on completion of the project. 

(ii) ELIGIBILITY OF PROJECTS.—A project is eligible 

to be considered and prioritized by the Secretary if 

the project addresses at least 1 factor described in 

subparagraph (B). 

(B) FACTORS.—The factors referred to in subparagraph 

(A) are— 

(i)(I) the extent of disrepair of the Pueblo irrigation 

infrastructure; and 

(II) the effect of the disrepair on the ability of 

the applicable Rio Grande Pueblo to irrigate agricultural land using Pueblo irrigation infrastructure; 

(ii) whether, and the extent that, the repair, 

rehabilitation, or reconstruction of the Pueblo irrigation infrastructure would provide an opportunity to 

conserve water; 

(iii)(I) the economic and cultural impacts that the 

Pueblo irrigation infrastructure that is in disrepair 

has on the applicable Rio Grande Pueblo; and 

(II) the economic and cultural benefits that the 

repair, rehabilitation, or reconstruction of the Pueblo 

irrigation infrastructure would have on the applicable 

Rio Grande Pueblo; 

(iv) the opportunity to address water supply or 

environmental conflicts in the applicable river basin 

if the Pueblo irrigation infrastructure is repaired, 

rehabilitated, or reconstructed; and 

(v) the overall benefits of the project to efficient 

water operations on the land of the applicable Rio 

Grande Pueblo. 

(3) CONSULTATION.—In developing the list of projects under 

paragraph (1)(A)(ii), the Secretary shall consult with the 

Director of the Bureau of Indian Affairs (including the designated engineer with respect to each proposed project that 

affects the Six Middle Rio Grande Pueblos), the Chief of the 

Natural Resources Conservation Service, and the Chief of Engineers to evaluate the extent to which programs under the 

jurisdiction of the respective agencies may be used— 

(A) to assist in evaluating projects to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure; and 

(B) to implement— 

(i) a project recommended for implementation 

under paragraph (1)(A)(ii); or 

(ii) any other related project (including on-farm 

improvements) that may be appropriately coordinated 

with the repair, rehabilitation, or reconstruction of 

Pueblo irrigation infrastructure to improve the efficient 

use of water in the Rio Grande Basin. 

(4) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee 

on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report 

that includes— 

(A) the list of projects recommended for implementation 

under paragraph (1)(A)(ii); and 

(B) any findings of the Secretary with respect to— 


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(i) the study conducted under paragraph (1)(A)(i); 

(ii) the consideration of the factors under paragraph (2)(B); and 

(iii) the consultations under paragraph (3). 

(5) PERIODIC REVIEW.—Not later than 4 years after the 

date on which the Secretary submits the report under paragraph (4) and every 4 years thereafter, the Secretary, in consultation with each Rio Grande Pueblo, shall— 

(A) review the report submitted under paragraph (4); 

and 

(B) update the list of projects described in paragraph 

(4)(A) in accordance with each factor described in paragraph (2)(B), as the Secretary determines to be appropriate. 

(d) IRRIGATION INFRASTRUCTURE GRANTS.— 

(1) IN GENERAL.—The Secretary may provide grants to, 

and enter into contracts or other agreements with, the Rio 

Grande Pueblos to plan, design, construct, or otherwise implement projects to repair, rehabilitate, reconstruct, or replace 

Pueblo irrigation infrastructure that are recommended for 

implementation under subsection (c)(1)(A)(ii)— 

(A) to increase water use efficiency and agricultural 

productivity for the benefit of a Rio Grande Pueblo; 

(B) to conserve water; or 

(C) to otherwise enhance water management or help 

avert water supply conflicts in the Rio Grande Basin. 

(2) LIMITATION.—Assistance provided under paragraph (1) 

shall not be used for— 

(A) the repair, rehabilitation, or reconstruction of any 

major impoundment structure; or 

(B) any on-farm improvements. 

(3) CONSULTATION.—In carrying out a project under paragraph (1), the Secretary shall— 

(A) consult with, and obtain the approval of, the 

applicable Rio Grande Pueblo; 

(B) consult with the Director of the Bureau of Indian 

Affairs; and 

(C) as appropriate, coordinate the project with any 

work being conducted under the irrigation operations and 

maintenance program of the Bureau of Indian Affairs. 

(4) COST-SHARING REQUIREMENT.— 

(A) FEDERAL SHARE.— 

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

the Federal share of the total cost of carrying out 

a project under paragraph (1) shall be not more than 

75 percent. 

(ii) EXCEPTION.—The Secretary may waive or limit 

the non-Federal share required under clause (i) if the 

Secretary determines, based on a demonstration of 

financial hardship by the Rio Grande Pueblo, that the 

Rio Grande Pueblo is unable to contribute the required 

non-Federal share. 

(B) DISTRICT CONTRIBUTIONS.— 

(i) IN GENERAL.—The Secretary may accept from 

the District a partial or total contribution toward the 

non-Federal share required for a project carried out 

under paragraph (1) on land located in any of the 

Waiver authority. 

Deadline. 


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Six Middle Rio Grande Pueblos if the Secretary determines that the project is a special project. 

(ii) LIMITATION.—Nothing in clause (i) requires the 

District to contribute to the non-Federal share of the 

cost of a project carried out under paragraph (1). 

(C) STATE CONTRIBUTIONS.— 

(i) IN GENERAL.—The Secretary may accept from 

the State a partial or total contribution toward the 

non-Federal share for a project carried out under paragraph (1). 

(ii) LIMITATION.—Nothing in clause (i) requires the 

State to contribute to the non-Federal share of the 

cost of a project carried out under paragraph (1). 

(D) FORM OF NON-FEDERAL SHARE.—The non-Federal 

share under subparagraph (A)(i) may be in the form of 

in-kind contributions, including the contribution of any 

valuable asset or service that the Secretary determines 

would substantially contribute to a project carried out 

under paragraph (1). 

(5) OPERATION AND MAINTENANCE.—The Secretary may not 

use any amount made available under subsection (g)(2) to carry 

out the operation or maintenance of any project carried out 

under paragraph (1). 

(e) EFFECT ON EXISTING AUTHORITY AND RESPONSIBILITIES.— 

Nothing in this section— 

(1) affects any existing project-specific funding authority; 

or 

(2) limits or absolves the United States from any responsibility to any Rio Grande Pueblo (including any responsibility 

arising from a trust relationship or from any Federal law 

(including regulations), Executive order, or agreement between 

the Federal Government and any Rio Grande Pueblo). 

(f) EFFECT ON PUEBLO WATER RIGHTS OR STATE WATER LAW.— 

(1) PUEBLO WATER RIGHTS.—Nothing in this section 

(including the implementation of any project carried out in 

accordance with this section) affects the right of any Pueblo 

to receive, divert, store, or claim a right to water, including 

the priority of right and the quantity of water associated with 

the water right under Federal or State law. 

(2) STATE WATER LAW.—Nothing in this section preempts 

or affects— 

(A) State water law; or 

(B) an interstate compact governing water. 

(g) AUTHORIZATION OF APPROPRIATIONS.— 

(1) STUDY.—There is authorized to be appropriated to carry 

out subsection (c) $4,000,000. 

(2) PROJECTS.—There is authorized to be appropriated to 

carry out subsection (d) $6,000,000 for each of fiscal years 

2010 through 2019. 

SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH PROGRAMS. 

(a) DEFINITIONS.—Section 2 of Public Law 106–392 (114 Stat. 

1602) is amended— 

(1) in paragraph (5), by inserting ‘‘, rehabilitation, and 

repair’’ after ‘‘and replacement’’; and 


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(2) in paragraph (6), by inserting ‘‘those for protection 

of critical habitat, those for preventing entrainment of fish 

in water diversions,’’ after ‘‘instream flows,’’. 

(b) AUTHORIZATION TO FUND RECOVERY PROGRAMS.—Section 

3 of Public Law 106–392 (114 Stat. 1603; 120 Stat. 290) is 

amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘$61,000,000’’ and inserting ‘‘$88,000,000’’; 

(B) in paragraph (2), by striking ‘‘2010’’ and inserting 

‘‘2023’’; and 

(C) in paragraph (3), by striking ‘‘2010’’ and inserting 

‘‘2023’’; 

(2) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking ‘‘$126,000,000’’ and inserting ‘‘$209,000,000’’; 

(B) in paragraph (1)— (i) by striking ‘‘$108,000,000’’ and inserting ‘‘$179,000,000’’; and 

(ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; and 

(C) in paragraph (2)— (i) by striking ‘‘$18,000,000’’ and inserting ‘‘$30,000,000’’; and 

(ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; and (3) in subsection (c)(4), by striking ‘‘$31,000,000’’ and inserting ‘‘$87,000,000’’. 

SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA. 

(a) DEFINITIONS.—In this section: 

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

Public Utility District, San Diego County, California. 

(2) PROJECT.—The term ‘‘Project’’ means the impoundment, 

recharge, treatment, and other facilities the construction, operation, watershed management, and maintenance of which is 

authorized under subsection (b). 

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

of the Interior. 

(b) AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA

RIVER PROJECT.— 

(1) AUTHORIZATION.—The Secretary, acting pursuant to 

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

388, chapter 1093), and Acts supplemental to and amendatory 

of that Act (43 U.S.C. 371 et seq.), to the extent that law 

is not inconsistent with this section, may construct, operate, 

and maintain the Project substantially in accordance with the 

final feasibility report and environmental reviews for the 

Project and this section. 

(2) CONDITIONS.—The Secretary may construct the Project 

only after the Secretary determines that the following conditions have occurred: 

(A)(i) The District and the Secretary of the Navy have 

entered into contracts under subsections (c)(2) and (e) of 

section 9 of the Reclamation Project Act of 1939 (43 U.S.C. 

485h) to repay to the United States equitable and appropriate portions, as determined by the Secretary, of the 

actual costs of constructing, operating, and maintaining 

the Project. 

Contracts. 


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(ii) As an alternative to a repayment contract with 

the Secretary of the Navy described in clause (i), the Secretary may allow the Secretary of the Navy to satisfy 

all or a portion of the repayment obligation for construction 

of the Project on the payment of the share of the Secretary 

of the Navy prior to the initiation of construction, subject 

to a final cost allocation as described in subsection (c). 

(B) The officer or agency of the State of California 

authorized by law to grant permits for the appropriation 

of water has granted the permits to the Bureau of Reclamation for the benefit of the Secretary of the Navy and the 

District as permittees for rights to the use of water for 

storage and diversion as provided in this section, including 

approval of all requisite changes in points of diversion 

and storage, and purposes and places of use. 

(C)(i) The District has agreed— 

(I) to not assert against the United States any 

prior appropriative right the District may have to 

water in excess of the quantity deliverable to the District under this section; and 

(II) to share in the use of the waters impounded 

by the Project on the basis of equal priority and in 

accordance with the ratio prescribed in subsection 

(d)(2). 

(ii) The agreement and waiver under clause (i) and 

the changes in points of diversion and storage under 

subparagraph (B)— 

(I) shall become effective and binding only when 

the Project has been completed and put into operation; 

and 

(II) may be varied by agreement between the District and the Secretary of the Navy. 

(D) The Secretary has determined that the Project 

has completed applicable economic, environmental, and 

engineering feasibility studies. 

(c) COSTS.— 

(1) IN GENERAL.—As determined by a final cost allocation 

after completion of the construction of the Project, the Secretary 

of the Navy shall be responsible to pay upfront or repay to 

the Secretary only that portion of the construction, operation, 

and maintenance costs of the Project that the Secretary and 

the Secretary of the Navy determine reflects the extent to 

which the Department of the Navy benefits from the Project. 

(2) OTHER CONTRACTS.—Notwithstanding paragraph (1), 

the Secretary may enter into a contract with the Secretary 

of the Navy for the impoundment, storage, treatment, and 

carriage of prior rights water for domestic, municipal, fish 

and wildlife, industrial, and other beneficial purposes using 

Project facilities. 

(d) OPERATION; YIELD ALLOTMENT; DELIVERY.— 

(1) OPERATION.—The Secretary, the District, or a third 

party (consistent with subsection (f)) may operate the Project, 

subject to a memorandum of agreement between the Secretary, 

the Secretary of the Navy, and the District and under regulations satisfactory to the Secretary of the Navy with respect 

to the share of the Project of the Department of the Navy. 

Permits. 


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(2) YIELD ALLOTMENT.—Except as otherwise agreed 

between the parties, the Secretary of the Navy and the District 

shall participate in the Project yield on the basis of equal 

priority and in accordance with the following ratio: 

(A) 60 percent of the yield of the Project is allotted 

to the Secretary of the Navy. 

(B) 40 percent of the yield of the Project is allotted 

to the District. 

(3) CONTRACTS FOR DELIVERY OF EXCESS WATER.— 

(A) EXCESS WATER AVAILABLE TO OTHER PERSONS.— 

If the Secretary of the Navy certifies to the official agreed 

on to administer the Project that the Department of the 

Navy does not have immediate need for any portion of 

the 60 percent of the yield of the Project allotted to the 

Secretary of the Navy under paragraph (2), the official 

may enter into temporary contracts for the sale and 

delivery of the excess water. 

(B) FIRST RIGHT FOR EXCESS WATER.—The first right 

to excess water made available under subparagraph (A) 

shall be given the District, if otherwise consistent with 

the laws of the State of California. 

(C) CONDITION OF CONTRACTS.—Each contract entered 

into under subparagraph (A) for the sale and delivery of 

excess water shall include a condition that the Secretary 

of the Navy has the right to demand the water, without 

charge and without obligation on the part of the United 

States, after 30 days notice. 

(D) MODIFICATION OF RIGHTS AND OBLIGATIONS.—The 

rights and obligations of the United States and the District 

regarding the ratio, amounts, definition of Project yield, 

and payment for excess water may be modified by an 

agreement between the parties. 

(4) CONSIDERATION.— 

(A) DEPOSIT OF FUNDS.— 

(i) IN GENERAL.—Amounts paid to the United 

States under a contract entered into under paragraph 

(3) shall be— 

(I) deposited in the special account established 

for the Department of the Navy under section 

2667(e)(1) of title 10, United States Code; and 

(II) shall be available for the purposes specified in section 2667(e)(1)(C) of that title. 

(ii) EXCEPTION.—Section 2667(e)(1)(D) of title 10, 

United States Code, shall not apply to amounts deposited in the special account pursuant to this paragraph. 

(B) IN-KIND CONSIDERATION.—In lieu of monetary 

consideration under subparagraph (A), or in addition to 

monetary consideration, the Secretary of the Navy may 

accept in-kind consideration in a form and quantity that 

is acceptable to the Secretary of the Navy, including— 

(i) maintenance, protection, alteration, repair, 

improvement, or restoration (including environmental 

restoration) of property or facilities of the Department 

of the Navy; 

(ii) construction of new facilities for the Department of the Navy; 

Notice. 


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(iii) provision of facilities for use by the Department of the Navy; 

(iv) facilities operation support for the Department 

of the Navy; and 

(v) provision of such other services as the Secretary 

of the Navy considers appropriate. 

(C) RELATION TO OTHER LAWS.—Sections 2662 and 2802 

of title 10, United States Code, shall not apply to any 

new facilities the construction of which is accepted as inkind consideration under this paragraph. 

(D) CONGRESSIONAL NOTIFICATION.—If the in-kind 

consideration proposed to be provided under a contract 

to be entered into under paragraph (3) has a value in 

excess of $500,000, the contract may not be entered into 

until the earlier of— 

(i) the end of the 30-day period beginning on the 

date on which the Secretary of the Navy submits to 

the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of 

Representatives a report describing the contract and 

the form and quantity of the in-kind consideration; 

or 

(ii) the end of the 14-day period beginning on 

the date on which a copy of the report referred to 

in clause (i) is provided in an electronic medium pursuant to section 480 of title 10, United States Code. 

(e) REPAYMENT OBLIGATION OF THE DISTRICT.— 

(1) DETERMINATION.— 

(A) IN GENERAL.—Except as otherwise provided in this 

paragraph, the general repayment obligation of the District 

shall be determined by the Secretary consistent with subsections (c)(2) and (e) of section 9 of the Reclamation Project 

Act of 1939 (43 U.S.C. 485h) to repay to the United States 

equitable and appropriate portions, as determined by the 

Secretary, of the actual costs of constructing, operating, 

and maintaining the Project. 

(B) GROUNDWATER.—For purposes of calculating 

interest and determining the time when the repayment 

obligation of the District to the United States commences, 

the pumping and treatment of groundwater from the 

Project shall be deemed equivalent to the first use of water 

from a water storage project. 

(C) CONTRACTS FOR DELIVERY OF EXCESS WATER.— 

There shall be no repayment obligation under this subsection for water delivered to the District under a contract 

described in subsection (d)(3). 

(2) MODIFICATION OF RIGHTS AND OBLIGATION BY AGREEMENT.—The rights and obligations of the United States and 

the District regarding the repayment obligation of the District 

may be modified by an agreement between the parties. 

(f) TRANSFER OF CARE, OPERATION, AND MAINTENANCE.— 

(1) IN GENERAL.—The Secretary may transfer to the District, or a mutually agreed upon third party, the care, operation, 

and maintenance of the Project under conditions that are— 

(A) satisfactory to the Secretary and the District; and 

Reports. 


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(B) with respect to the portion of the Project that 

is located within the boundaries of Camp Pendleton, satisfactory to the Secretary, the District, and the Secretary 

of the Navy. 

(2) EQUITABLE CREDIT.— (A) IN GENERAL.—In the event of a transfer under 

paragraph (1), the District shall be entitled to an equitable 

credit for the costs associated with the proportionate share 

of the Secretary of the operation and maintenance of the 

Project. 

(B) APPLICATION.—The amount of costs described in 

subparagraph (A) shall be applied against the indebtedness 

of the District to the United States. 

(g) SCOPE OF SECTION.— (1) IN GENERAL.—Except as otherwise provided in this section, for the purpose of this section, the laws of the State 

of California shall apply to the rights of the United States 

pertaining to the use of water under this section. 

(2) LIMITATIONS.—Nothing in this section— 

(A) provides a grant or a relinquishment by the United 

States of any rights to the use of water that the United 

States acquired according to the laws of the State of California, either as a result of the acquisition of the land 

comprising Camp Joseph H. Pendleton and adjoining naval 

installations, and the rights to the use of water as a part 

of that acquisition, or through actual use or prescription 

or both since the date of that acquisition, if any; 

(B) creates any legal obligation to store any water 

in the Project, to the use of which the United States has 

those rights; 

(C) requires the division under this section of water 

to which the United States has those rights; or 

(D) constitutes a recognition of, or an admission by 

the United States that, the District has any rights to 

the use of water in the Santa Margarita River, which 

rights, if any, exist only by virtue of the laws of the State 

of California. 

(h) LIMITATIONS ON OPERATION AND ADMINISTRATION.—Unless 

otherwise agreed by the Secretary of the Navy, the Project— 

(1) shall be operated in a manner which allows the free 

passage of all of the water to the use of which the United 

States is entitled according to the laws of the State of California 

either as a result of the acquisition of the land comprising 

Camp Joseph H. Pendleton and adjoining naval installations, 

and the rights to the use of water as a part of those acquisitions, 

or through actual use or prescription, or both, since the date 

of that acquisition, if any; and 

(2) shall not be administered or operated in any way that 

will impair or deplete the quantities of water the use of which 

the United States would be entitled under the laws of the 

State of California had the Project not been built. 

(i) REPORTS TO CONGRESS.—Not later than 2 years after the 

date of the enactment of this Act and periodically thereafter, the 

Secretary and the Secretary of the Navy shall each submit to 

the appropriate committees of Congress reports that describe 

whether the conditions specified in subsection (b)(2) have been 

met and if so, the manner in which the conditions were met. 

Applicability. 


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(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section— (1) $60,000,000, as adjusted to reflect the engineering costs 

indices for the construction cost of the Project; and 

(2) such sums as are necessary to operate and maintain 

the Project. 

(k) SUNSET.—The authority of the Secretary to complete 

construction of the Project shall terminate on the date that is 

10 years after the date of enactment of this Act. 

SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI; 

43 U.S.C. 390h et seq.) (as amended by section 9104(a)) is amended 

by adding at the end the following: 

‘‘SEC. 1650. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 

PROJECTS, CALIFORNIA. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

Elsinore Valley Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater 

treatment and reclamation facilities that will be used to treat 

wastewater and provide recycled water in the Elsinore Valley 

Municipal Water District, California. 

‘‘(b) COST SHARING.—The Federal share of the cost of each 

project described in subsection (a) shall not exceed 25 percent 

of the total cost of the project. 

‘‘(c) LIMITATION.—Funds provided by the Secretary under this 

section shall not be used for operation or maintenance of the projects 

described in subsection (a). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $12,500,000.’’. 

(b) CLERICAL AMENDMENT.—The table of sections in section 

2 of Public Law 102–575 (as amended by section 9104(b)) is 

amended by inserting after the item relating to section 1649 the 

following: 

‘‘Sec. 1650. Elsinore Valley Municipal Water District Projects, California.’’. 

SEC. 9110. NORTH BAY WATER REUSE AUTHORITY. 

(a) PROJECT AUTHORIZATION.—The Reclamation Wastewater 

and Groundwater Study and Facilities Act (Public Law 102–575, 

title XVI; 43 U.S.C. 390h et seq.) (as amended by section 9109(a)) 

is amended by adding at the end the following: 

‘‘SEC. 1651. NORTH BAY WATER REUSE PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 

member agency of the North Bay Water Reuse Authority of 

the State located in the North San Pablo Bay watershed in— 

‘‘(A) Marin County; 

‘‘(B) Napa County; 

‘‘(C) Solano County; or 

‘‘(D) Sonoma County. 

‘‘(2) WATER RECLAMATION AND REUSE PROJECT.—The term 

‘water reclamation and reuse project’ means a project carried 

out by the Secretary and an eligible entity in the North San 

Pablo Bay watershed relating to— 

43 USC 390h–34. 

43 USC 390h–33. 


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‘‘(A) water quality improvement; 

‘‘(B) wastewater treatment; 

‘‘(C) water reclamation and reuse; 

‘‘(D) groundwater recharge and protection; 

‘‘(E) surface water augmentation; or 

‘‘(F) other related improvements. 

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

‘‘(b) NORTH BAY WATER REUSE PROGRAM.— ‘‘(1) IN GENERAL.—Contingent upon a finding of feasibility, 

the Secretary, acting through a cooperative agreement with 

the State or a subdivision of the State, is authorized to enter 

into cooperative agreements with eligible entities for the planning, design, and construction of water reclamation and reuse 

facilities and recycled water conveyance and distribution systems. 

‘‘(2) COORDINATION WITH OTHER FEDERAL AGENCIES.—In 

carrying out this section, the Secretary and the eligible entity 

shall, to the maximum extent practicable, use the design work 

and environmental evaluations initiated by— 

‘‘(A) non-Federal entities; and 

‘‘(B) the Corps of Engineers in the San Pablo Bay 

Watershed of the State. 

‘‘(3) PHASED PROJECT.—A cooperative agreement described 

in paragraph (1) shall require that the North Bay Water Reuse 

Program carried out under this section shall consist of 2 phases 

as follows: 

‘‘(A) FIRST PHASE.—During the first phase, the Secretary and an eligible entity shall complete the planning, 

design, and construction of the main treatment and main 

conveyance systems. 

‘‘(B) SECOND PHASE.—During the second phase, the 

Secretary and an eligible entity shall complete the planning, design, and construction of the sub-regional distribution systems. 

‘‘(4) COST SHARING.— ‘‘(A) FEDERAL SHARE.—The Federal share of the cost 

of the first phase of the project authorized by this section 

shall not exceed 25 percent of the total cost of the first 

phase of the project. 

‘‘(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 

share may be in the form of any in-kind services that 

the Secretary determines would contribute substantially 

toward the completion of the water reclamation and reuse 

project, including— 

‘‘(i) reasonable costs incurred by the eligible entity 

relating to the planning, design, and construction of 

the water reclamation and reuse project; and 

‘‘(ii) the acquisition costs of land acquired for the 

project that is— 

‘‘(I) used for planning, design, and construction 

of the water reclamation and reuse project facilities; and 

‘‘(II) owned by an eligible entity and directly 

related to the project. 

‘‘(C) LIMITATION.—The Secretary shall not provide 

funds for the operation and maintenance of the project 

authorized by this section. 


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‘‘(5) EFFECT.—Nothing in this section— 

‘‘(A) affects or preempts— 

‘‘(i) State water law; or 

‘‘(ii) an interstate compact relating to the allocation 

of water; or 

‘‘(B) confers on any non-Federal entity the ability to 

exercise any Federal right to— 

‘‘(i) the water of a stream; or 

‘‘(ii) any groundwater resource. 

‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for the Federal share of the total 

cost of the first phase of the project authorized by this section 

$25,000,000, to remain available until expended.’’. 

(b) CONFORMING AMENDMENT.—The table of sections in section 

2 of Public Law 102–575 (as amended by section 9109(b)) is 

amended by inserting after the item relating to section 1650 the 

following: 

‘‘Sec. 1651. North Bay water reuse program.’’. 

SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT, 

CALIFORNIA. 

(a) PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.— 

(1) IN GENERAL.—The Reclamation Wastewater and 

Groundwater Study and Facilities Act (Public Law 102–575, 

title XVI; 43 U.S.C. 390h et seq.) (as amended by section 

9110(a)) is amended by adding at the end the following: 

‘‘SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. 

‘‘(a) IN GENERAL.—The Secretary, in cooperation with the 

Orange County Water District, shall participate in the planning, 

design, and construction of natural treatment systems and wetlands 

for the flows of the Santa Ana River, California, and its tributaries 

into the Prado Basin. 

‘‘(b) COST SHARING.—The Federal share of the cost of the project 

described in subsection (a) shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 

be used for the operation and maintenance of the project described 

in subsection (a). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $10,000,000. 

‘‘(e) SUNSET OF AUTHORITY.—This section shall have no effect 

after the date that is 10 years after the date of the enactment 

of this section.’’. 

(2) CONFORMING AMENDMENT.—The table of sections in section 2 of Public Law 102–575 (43 U.S.C. prec. 371) (as amended 

by section 9110(b)) is amended by inserting after the last item 

the following: 

‘‘1652. Prado Basin Natural Treatment System Project.’’. 

(b) LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION

AND RECLAMATION PROJECT.— 

(1) IN GENERAL.—The Reclamation Wastewater and 

Groundwater Study and Facilities Act (Public Law 102–575, 

title XVI; 43 U.S.C. 390h et seq.) (as amended by subsection 

(a)(1)) is amended by adding at the end the following: 

43 USC 390h–35. 


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123 STAT. 1318 PUBLIC LAW 111–11—MAR. 30, 2009 

‘‘SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. 

‘‘(a) IN GENERAL.—The Secretary, in cooperation with the Chino 

Basin Watermaster, the Inland Empire Utilities Agency, and the 

Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, 

and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. 

‘‘(b) COST SHARING.—The Federal share of the cost of the project 

described in subsection (a) shall not exceed— 

‘‘(1) 25 percent of the total cost of the project; or 

‘‘(2) $26,000,000. 

‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 

be used for operation or maintenance of the project described in 

subsection (a). 

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

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

section. 

‘‘(e) SUNSET OF AUTHORITY.—This section shall have no effect 

after the date that is 10 years after the date of the enactment 

of this section.’’. 

(2) CONFORMING AMENDMENT.—The table of sections in section 2 of Public Law 102–575 (43 U.S.C. prec. 371) (as amended 

by subsection (a)(2)) is amended by inserting after the last 

item the following: 

‘‘1653. Lower Chino dairy area desalination demonstration and reclamation 

project.’’. 

(c) ORANGE COUNTY REGIONAL WATER RECLAMATION

PROJECT.—Section 1624 of the Reclamation Wastewater and 

Groundwater Study and Facilities Act (Public Law 102–575, title 

XVI; 43 U.S.C. 390h–12j) is amended— 

(1) in the section heading, by striking the words ‘‘PHASE

1 OF THE’’; and 

(2) in subsection (a), by striking ‘‘phase 1 of’’. 

SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALIFORNIA. 

(a) DEFINITIONS.—In this section: 

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

Municipal Water District, Riverside County, California. 

(2) PROJECT.— 

(A) IN GENERAL.—The term ‘‘Project’’ means the Riverside-Corona Feeder Project. 

(B) INCLUSIONS.—The term ‘‘Project’’ includes— 

(i) 20 groundwater wells; 

(ii) groundwater treatment facilities; 

(iii) water storage and pumping facilities; and 

(iv) 28 miles of pipeline in San Bernardino and 

Riverside Counties in the State of California. 

(C) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(b) PLANNING, DESIGN, AND CONSTRUCTION OF RIVERSIDECORONA FEEDER.— 

(1) IN GENERAL.—The Secretary, in cooperation with the 

District, may participate in the planning, design, and construction of the Project. 

43 USC 390h–36. 


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(2) AGREEMENTS AND REGULATIONS.—The Secretary may 

enter into such agreements and promulgate such regulations 

as are necessary to carry out this subsection. 

(3) FEDERAL SHARE.— (A) PLANNING, DESIGN, CONSTRUCTION.—The Federal 

share of the cost to plan, design, and construct the Project 

shall not exceed the lesser of— 

(i) an amount equal to 25 percent of the total 

cost of the Project; and (ii) $26,000,000. 

(B) STUDIES.—The Federal share of the cost to complete 

the necessary planning studies associated with the 

Project— 

(i) shall not exceed an amount equal to 50 percent 

of the total cost of the studies; and 

(ii) shall be included as part of the limitation 

described in subparagraph (A). 

(4) IN-KIND SERVICES.—The non-Federal share of the cost 

of the Project may be provided in cash or in kind. 

(5) LIMITATION.—Funds provided by the Secretary under 

this subsection shall not be used for operation or maintenance 

of the Project. 

(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this 

subsection the lesser of— 

(A) an amount equal to 25 percent of the total cost 

of the Project; and 

(B) $26,000,000. 

SEC. 9113. GREAT PROJECT, CALIFORNIA. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575; 

43 U.S.C. 390h et seq.) (as amended by section 9111(b)(1)) is 

amended by adding at the end the following: 

‘‘SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, REUSE, AND 

TREATMENT PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

City of Oxnard, California, may participate in the design, planning, 

and construction of Phase I permanent facilities for the GREAT 

project to reclaim, reuse, and treat impaired water in the area 

of Oxnard, California. 

‘‘(b) COST SHARE.—The Federal share of the costs of the project 

described in subsection (a) shall not exceed 25 percent of the total 

cost. 

‘‘(c) LIMITATION.—The Secretary shall not provide funds for 

the following: 

‘‘(1) The operations and maintenance of the project 

described in subsection (a). 

‘‘(2) The construction, operations, and maintenance of the 

visitor’s center related to the project described in subsection 

(a). 

‘‘(d) SUNSET OF AUTHORITY.—The authority of the Secretary 

to carry out any provisions of this section shall terminate 10 years 

after the date of the enactment of this section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections in section 

2 of the Reclamation Projects Authorization and Adjustment Act 

43 USC 390h–37. 


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123 STAT. 1320 PUBLIC LAW 111–11—MAR. 30, 2009 

of 1992 (as amended by section 9111(b)(2)) is amended by inserting 

after the last item the following: 

‘‘Sec. 1654. Oxnard, California, water reclamation, reuse, and treatment project.’’. 

SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI; 

43 U.S.C. 390h et seq.) (as amended by section 9113(a)) is amended 

by adding at the end the following: 

‘‘SEC. 1655. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL 

PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

Yucaipa Valley Water District, may participate in the design, planning, and construction of projects to treat impaired surface water, 

reclaim and reuse impaired groundwater, and provide brine disposal 

within the Santa Ana Watershed as described in the report submitted under section 1606. 

‘‘(b) COST SHARING.—The Federal share of the cost of the project 

described in subsection (a) shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 

be used for operation or maintenance of the project described in 

subsection (a). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $20,000,000. 

‘‘SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER 

RECYCLING AND REUSE PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

City of Corona Water Utility, California, is authorized to participate 

in the design, planning, and construction of, and land acquisition 

for, a project to reclaim and reuse wastewater, including degraded 

groundwaters, within and outside of the service area of the City 

of Corona Water Utility, California. 

‘‘(b) COST SHARE.—The Federal share of the cost of the project 

authorized by this section shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—The Secretary shall not provide funds for 

the operation and maintenance of the project authorized by this 

section.’’. 

(b) CONFORMING AMENDMENTS.—The table of sections in section 

2 of Public Law 102–575 (as amended by section 9114(b)) is 

amended by inserting after the last item the following: 

‘‘Sec. 1655. Yucaipa Valley Regional Water Supply Renewal Project. 

‘‘Sec. 1656. City of Corona Water Utility, California, water recycling and reuse 

project.’’. 

SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO. 

(a) COST SHARE.—The first section of Public Law 87–590 (76 

Stat. 389) is amended in the second sentence of subsection (c) 

by inserting after ‘‘cost thereof,’’ the following: ‘‘or in the case 

of the Arkansas Valley Conduit, payment in an amount equal 

to 35 percent of the cost of the conduit that is comprised of revenue 

generated by payments pursuant to a repayment contract and revenue that may be derived from contracts for the use of FryingpanArkansas project excess capacity or exchange contracts using 

Fryingpan-Arkansas project facilities,’’. 

43 USC 616. 

43 USC 390h–39. 

43 USC 390h–38. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1321 

(b) RATES.—Section 2(b) of Public Law 87–590 (76 Stat. 390) 

is amended— 

(1) by striking ‘‘(b) Rates’’ and inserting the following: 

‘‘(b) RATES.— ‘‘(1) IN GENERAL.—Rates’’; and 

(2) by adding at the end the following: 

‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN VALLEY PIPELINE, AND SOUTH OUTLET WORKS AT PUEBLO DAM AND RESERVOIR.— ‘‘(A) IN GENERAL.—Notwithstanding the reclamation 

laws, until the date on which the payments for the 

Arkansas Valley Conduit under paragraph (3) begin, any 

revenue that may be derived from contracts for the use 

of Fryingpan-Arkansas project excess capacity or exchange 

contracts using Fryingpan-Arkansas project facilities shall 

be credited towards payment of the actual cost of Ruedi 

Dam and Reservoir, the Fountain Valley Pipeline, and 

the South Outlet Works at Pueblo Dam and Reservoir 

plus interest in an amount determined in accordance with 

this section. 

‘‘(B) EFFECT.—Nothing in the Federal reclamation law 

(the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 

and Acts supplemental to and amendatory of that Act 

(43 U.S.C. 371 et seq.)) prohibits the concurrent crediting 

of revenue (with interest as provided under this section) 

towards payment of the Arkansas Valley Conduit as provided under this paragraph. 

‘‘(3) ARKANSAS VALLEY CONDUIT.— 

‘‘(A) USE OF REVENUE.—Notwithstanding the reclamation laws, any revenue derived from contracts for the use 

of Fryingpan-Arkansas project excess capacity or exchange 

contracts using Fryingpan-Arkansas project facilities shall 

be credited towards payment of the actual cost of the 

Arkansas Valley Conduit plus interest in an amount determined in accordance with this section. 

‘‘(B) ADJUSTMENT OF RATES.—Any rates charged under 

this section for water for municipal, domestic, or industrial 

use or for the use of facilities for the storage or delivery 

of water shall be adjusted to reflect the estimated revenue 

derived from contracts for the use of Fryingpan-Arkansas 

project excess capacity or exchange contracts using 

Fryingpan-Arkansas project facilities.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 7 of Public 

Law 87–590 (76 Stat. 393) is amended— 

(1) by striking ‘‘SEC. 7. There is hereby’’ and inserting 

the following: 

‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There is’’; and 

(2) by adding at the end the following: 

‘‘(b) ARKANSAS VALLEY CONDUIT.— 

‘‘(1) IN GENERAL.—Subject to annual appropriations and 

paragraph (2), there are authorized to be appropriated such 

sums as are necessary for the construction of the Arkansas 

Valley Conduit. 

‘‘(2) LIMITATION.—Amounts made available under paragraph (1) shall not be used for the operation or maintenance 

of the Arkansas Valley Conduit.’’. 

43 USC 616f. 

43 USC 616a. 


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123 STAT. 1322 PUBLIC LAW 111–11—MAR. 30, 2009 

Subtitle C—Title Transfers and 

Clarifications 

SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES. 

(a) DEFINITIONS.—In this section: 

(1) AGREEMENT.—The term ‘‘Agreement’’ means the agreement numbered 06–AG–60–2115 and entitled ‘‘Agreement 

Between the United States of America and McGee Creek 

Authority for the Purpose of Defining Responsibilities Related 

to and Implementing the Title Transfer of Certain Facilities 

at the McGee Creek Project, Oklahoma’’. 

(2) AUTHORITY.—The term ‘‘Authority’’ means the McGee 

Creek Authority located in Oklahoma City, Oklahoma. 

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

of the Interior. 

(b) CONVEYANCE OF MCGEE CREEK PROJECT PIPELINE AND ASSO- CIATED FACILITIES.— (1) AUTHORITY TO CONVEY.— (A) IN GENERAL.—In accordance with all applicable 

laws and consistent with any terms and conditions provided 

in the Agreement, the Secretary may convey to the 

Authority all right, title, and interest of the United States 

in and to the pipeline and any associated facilities described 

in the Agreement, including— 

(i) the pumping plant; 

(ii) the raw water pipeline from the McGee Creek 

pumping plant to the rate of flow control station at 

Lake Atoka; 

(iii) the surge tank; 

(iv) the regulating tank; 

(v) the McGee Creek operation and maintenance 

complex, maintenance shop, and pole barn; and 

(vi) any other appurtenances, easements, and fee 

title land associated with the facilities described in 

clauses (i) through (v), in accordance with the Agreement. 

(B) EXCLUSION OF MINERAL ESTATE FROM CONVEY- ANCE.— (i) IN GENERAL.—The mineral estate shall be 

excluded from the conveyance of any land or facilities 

under subparagraph (A). 

(ii) MANAGEMENT.—Any mineral interests retained 

by the United States under this section shall be managed— 

(I) consistent with Federal law; and 

(II) in a manner that would not interfere with 

the purposes for which the McGee Creek Project 

was authorized. 

(C) COMPLIANCE WITH AGREEMENT; APPLICABLE LAW.— (i) AGREEMENT.—All parties to the conveyance 

under subparagraph (A) shall comply with the terms 

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

(ii) APPLICABLE LAW.—Before any conveyance 

under subparagraph (A), the Secretary shall complete 

any actions required under— 

Oklahoma. 


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(I) the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.); 

(II) the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.); 

(III) the National Historic Preservation Act 

(16 U.S.C. 470 et seq.); and 

(IV) any other applicable laws. 

(2) OPERATION OF TRANSFERRED FACILITIES.— 

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

facilities under paragraph (1)(A), the Authority shall 

comply with all applicable Federal, State, and local laws 

(including regulations) in the operation of any transferred 

facilities. 

(B) OPERATION AND MAINTENANCE COSTS.— 

(i) IN GENERAL.—After the conveyance of the land 

and facilities under paragraph (1)(A) and consistent 

with the Agreement, the Authority shall be responsible 

for all duties and costs associated with the operation, 

replacement, maintenance, enhancement, and betterment of the transferred land and facilities. 

(ii) LIMITATION ON FUNDING.—The Authority shall 

not be eligible to receive any Federal funding to assist 

in the operation, replacement, maintenance, enhancement, and betterment of the transferred land and facilities, except for funding that would be available to 

any comparable entity that is not subject to reclamation laws. 

(3) RELEASE FROM LIABILITY.— 

(A) IN GENERAL.—Effective beginning on the date of 

the conveyance of the land and facilities under paragraph 

(1)(A), the United States shall not be liable for damages 

of any kind arising out of any act, omission, or occurrence 

relating to any land or facilities conveyed, except for damages caused by acts of negligence committed by the United 

States (including any employee or agent of the United 

States) before the date of the conveyance. 

(B) NO ADDITIONAL LIABILITY.—Nothing in this paragraph adds to any liability that the United States may 

have under chapter 171 of title 28, United States Code. 

(4) CONTRACTUAL OBLIGATIONS.— 

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

(B), any rights and obligations under the contract numbered 0–07–50–X0822 and dated October 11, 1979, between 

the Authority and the United States for the construction, 

operation, and maintenance of the McGee Creek Project, 

shall remain in full force and effect. 

(B) AMENDMENTS.—With the consent of the Authority, 

the Secretary may amend the contract described in 

subparagraph (A) to reflect the conveyance of the land 

and facilities under paragraph (1)(A). 

(5) APPLICABILITY OF THE RECLAMATION LAWS.—Notwithstanding the conveyance of the land and facilities under paragraph (1)(A), the reclamation laws shall continue to apply to 

any project water provided to the Authority. 

Effective date. 


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123 STAT. 1324 PUBLIC LAW 111–11—MAR. 30, 2009 

SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, TITLE 

CLARIFICATION. 

(a) PURPOSE.—The purpose of this section is to direct the Secretary of the Interior to issue a quitclaim deed conveying any 

right, title, and interest the United States may have in and to 

Tingley Beach, San Gabriel Park, or the BioPark Parcels to the 

City, thereby removing a potential cloud on the City’s title to 

these lands. 

(b) DEFINITIONS.—In this section: 

(1) CITY.—The term ‘‘City’’ means the City of Albuquerque, 

New Mexico. 

(2) BIOPARK PARCELS.—The term ‘‘BioPark Parcels’’ means 

a certain area of land containing 19.16 acres, more or less, 

situated within the Town of Albuquerque Grant, in Projected 

Section 13, Township 10 North, Range 2 East, N.M.P.M., City 

of Albuquerque, Bernalillo County, New Mexico, comprised of 

the following platted tracts and lot, and MRGCD tracts: 

(A) Tracts A and B, Albuquerque Biological Park, as 

the same are shown and designated on the Plat of Tracts 

A & B, Albuquerque Biological Park, recorded in the Office 

of the County Clerk of Bernalillo County, New Mexico 

on February 11, 1994 in Book 94C, Page 44; containing 

17.9051 acres, more or less. 

(B) Lot B–1, Roger Cox Addition, as the same is shown 

and designated on the Plat of Lots B–1 and B–2 Roger 

Cox Addition, recorded in the Office of the County Clerk 

of Bernalillo County, New Mexico on October 3, 1985 in 

Book C28, Page 99; containing 0.6289 acres, more or less. 

(C) Tract 361 of MRGCD Map 38, bounded on the 

north by Tract A, Albuquerque Biological Park, on the 

east by the westerly right-of-way of Central Avenue, on 

the south by Tract 332B MRGCD Map 38, and on the 

west by Tract B, Albuquerque Biological Park; containing 

0.30 acres, more or less. 

(D) Tract 332B of MRGCD Map 38; bounded on the 

north by Tract 361, MRGCD Map 38, on the west by 

Tract 32A–1–A, MRGCD Map 38, and on the south and 

east by the westerly right-of-way of Central Avenue; containing 0.25 acres, more or less. 

(E) Tract 331A–1A of MRGCD Map 38, bounded on 

the west by Tract B, Albuquerque Biological Park, on the 

east by Tract 332B, MRGCD Map 38, and on the south 

by the westerly right-of-way of Central Avenue and Tract 

A, Albuquerque Biological Park; containing 0.08 acres, 

more or less. 

(3) MIDDLE RIO GRANDE CONSERVANCY DISTRICT.—The 

terms ‘‘Middle Rio Grande Conservancy District’’ and ‘‘MRGCD’’ 

mean a political subdivision of the State of New Mexico, created 

in 1925 to provide and maintain flood protection and drainage, 

and maintenance of ditches, canals, and distribution systems 

for irrigation and water delivery and operations in the Middle 

Rio Grande Valley. 

(4) MIDDLE RIO GRANDE PROJECT.—The term ‘‘Middle Rio 

Grande Project’’ means the works associated with water deliveries and operations in the Rio Grande basin as authorized 

by the Flood Control Act of 1948 (Public Law 80–858; 62 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1325 

Stat. 1175) and the Flood Control Act of 1950 (Public Law 

81–516; 64 Stat. 170). 

(5) SAN GABRIEL PARK.—The term ‘‘San Gabriel Park’’ 

means the tract of land containing 40.2236 acres, more or 

less, situated within Section 12 and Section 13, T10N, R2E, 

N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, 

and described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances in a Special Warranty Deed 

conveying the property from MRGCD to the City, dated 

November 25, 1997. 

(6) TINGLEY BEACH.—The term ‘‘Tingley Beach’’ means the 

tract of land containing 25.2005 acres, more or less, situated 

within Section 13 and Section 24, T10N, R2E, and secs. 18 

and 19, T10N, R3E, N.M.P.M., City of Albuquerque, Bernalillo 

County, New Mexico, and described by New Mexico State Plane 

Grid Bearings (Central Zone) and ground distances in a Special 

Warranty Deed conveying the property from MRGCD to the 

City, dated November 25, 1997. 

(c) CLARIFICATION OF PROPERTY INTEREST.— 

(1) REQUIRED ACTION.—The Secretary of the Interior shall 

issue a quitclaim deed conveying any right, title, and interest 

the United States may have in and to Tingley Beach, San 

Gabriel Park, and the BioPark Parcels to the City. 

(2) TIMING.—The Secretary shall carry out the action in 

paragraph (1) as soon as practicable after the date of enactment 

of this Act and in accordance with all applicable law. 

(3) NO ADDITIONAL PAYMENT.—The City shall not be 

required to pay any additional costs to the United States for 

the value of San Gabriel Park, Tingley Beach, and the BioPark 

Parcels. 

(d) OTHER RIGHTS, TITLE, AND INTERESTS UNAFFECTED.— 

(1) IN GENERAL.—Except as expressly provided in subsection (c), nothing in this section shall be construed to affect 

any right, title, or interest in and to any land associated with 

the Middle Rio Grande Project. 

(2) ONGOING LITIGATION.—Nothing contained in this section 

shall be construed or utilized to affect or otherwise interfere 

with any position set forth by any party in the lawsuit pending 

before the United States District Court for the District of New 

Mexico, 99–CV–01320–JAP–RHS, entitled Rio Grande Silvery 

Minnow v. John W. Keys, III, concerning the right, title, or 

interest in and to any property associated with the Middle 

Rio Grande Project. 

SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION SYSTEM, 

CALIFORNIA. 

(a) DEFINITIONS.—In this section: 

(1) AGREEMENT.—The term ‘‘Agreement’’ means Agreement 

No. 07–LC–20–9387 between the United States and the District, entitled ‘‘Agreement Between the United States and the 

Goleta Water District to Transfer Title of the Federally Owned 

Distribution System to the Goleta Water District’’. 

(2) DISTRICT.—The term ‘‘District’’ means the Goleta Water 

District, located in Santa Barbara County, California. 

(3) GOLETA WATER DISTRIBUTION SYSTEM.—The term 

‘‘Goleta Water Distribution System’’ means the facilities constructed by the United States to enable the District to convey 


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123 STAT. 1326 PUBLIC LAW 111–11—MAR. 30, 2009 

water to its water users, and associated lands, as described 

in Appendix A of the Agreement. 

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

of the Interior. 

(b) CONVEYANCE OF THE GOLETA WATER DISTRIBUTION

SYSTEM.—The Secretary is authorized to convey to the District 

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

Goleta Water Distribution System of the Cachuma Project, California, subject to valid existing rights and consistent with the 

terms and conditions set forth in the Agreement. 

(c) LIABILITY.—Effective upon the date of the conveyance 

authorized by subsection (b), the United States shall not be held 

liable by any court for damages of any kind arising out of any 

act, omission, or occurrence relating to the lands, buildings, or 

facilities conveyed under this section, except for damages caused 

by acts of negligence committed by the United States or by its 

employees or agents prior to the date of conveyance. Nothing in 

this section increases the liability of the United States beyond 

that provided in chapter 171 of title 28, United States Code (popularly known as the Federal Tort Claims Act). 

(d) BENEFITS.—After conveyance of the Goleta Water Distribution System under this section— 

(1) such distribution system shall not be considered to 

be a part of a Federal reclamation project; and 

(2) the District shall not be eligible to receive any benefits 

with respect to any facility comprising the Goleta Water Distribution System, except benefits that would be available to 

a similarly situated entity with respect to property that is 

not part of a Federal reclamation project. 

(e) COMPLIANCE WITH OTHER LAWS.— 

(1) COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC

PRESERVATION LAWS.—Prior to any conveyance under this section, the Secretary shall complete all actions required under 

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 

et seq.), the National Historic Preservation Act (16 U.S.C. 470 

et seq.), and all other applicable laws. 

(2) COMPLIANCE BY THE DISTRICT.—Upon the conveyance 

of the Goleta Water Distribution System under this section, 

the District shall comply with all applicable Federal, State, 

and local laws and regulations in its operation of the facilities 

that are transferred. 

(3) APPLICABLE AUTHORITY.—All provisions of Federal reclamation law (the Act of June 17, 1902 (43 U.S.C. 371 et 

seq.) and Acts supplemental to and amendatory of that Act) 

shall continue to be applicable to project water provided to 

the District. 

(f) REPORT.—If, 12 months after the date of the enactment 

of this Act, the Secretary has not completed the conveyance required 

under subsection (b), the Secretary shall complete a report that 

states the reason the conveyance has not been completed and the 

date by which the conveyance shall be completed. The Secretary 

shall submit a report required under this subsection to Congress 

not later than 14 months after the date of the enactment of this 

Act. 

Effective date. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1327 

Subtitle D—San Gabriel Basin Restoration 

Fund 

SEC. 9301. RESTORATION FUND. 

Section 110 of division B of the Miscellaneous Appropriations 

Act, 2001 (114 Stat. 2763A–222), as enacted into law by section 

1(a)(4) of the Consolidated Appropriations Act, 2001 (Public Law 

106–554, as amended by Public Law 107–66), is further amended— 

(1) in subsection (a)(3)(B), by inserting after clause (iii) 

the following: 

‘‘(iv) NON-FEDERAL MATCH.—After $85,000,000 has 

cumulatively been appropriated under subsection 

(d)(1), the remainder of Federal funds appropriated 

under subsection (d) shall be subject to the following 

matching requirement: 

‘‘(I) SAN GABRIEL BASIN WATER QUALITY

AUTHORITY.—The San Gabriel Basin Water Quality 

Authority shall be responsible for providing a 35 

percent non-Federal match for Federal funds made 

available to the Authority under this Act. 

‘‘(II) CENTRAL BASIN MUNICIPAL WATER DIS- TRICT.—The Central Basin Municipal Water District shall be responsible for providing a 35 percent 

non-Federal match for Federal funds made available to the District under this Act.’’; 

(2) in subsection (a), by adding at the end the following: 

‘‘(4) INTEREST ON FUNDS IN RESTORATION FUND.—No 

amounts appropriated above the cumulative amount of 

$85,000,000 to the Restoration Fund under subsection (d)(1) 

shall be invested by the Secretary of the Treasury in interestbearing securities of the United States.’’; and 

(3) by amending subsection (d) to read as follows: 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

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

to the Restoration Fund established under subsection (a) 

$146,200,000. Such funds shall remain available until 

expended. 

‘‘(2) SET-ASIDE.—Of the amounts appropriated under para- graph (1), no more than $21,200,000 shall be made available 

to carry out the Central Basin Water Quality Project.’’. 

Subtitle E—Lower Colorado River MultiSpecies Conservation Program 

SEC. 9401. DEFINITIONS. 

In this subtitle: 

(1) LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION

PROGRAM.—The term ‘‘Lower Colorado River Multi-Species Conservation Program’’ or ‘‘LCR MSCP’’ means the cooperative 

effort on the Lower Colorado River between Federal and nonFederal entities in Arizona, California, and Nevada approved 

by the Secretary of the Interior on April 2, 2005. 

(2) LOWER COLORADO RIVER.—The term ‘‘Lower Colorado 

River’’ means the segment of the Colorado River within the 


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123 STAT. 1328 PUBLIC LAW 111–11—MAR. 30, 2009 

planning area as provided in section 2(B) of the Implementing 

Agreement, a Program Document. 

(3) PROGRAM DOCUMENTS.—The term ‘‘Program Documents’’ means the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental 

Impact Statement/Environmental Impact Report, Funding and 

Management Agreement, Implementing Agreement, and Section 10(a)(1)(B) Permit issued and, as applicable, executed in 

connection with the LCR MSCP, and any amendments or successor documents that are developed consistent with existing 

agreements and applicable law. 

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

of the Interior. 

(5) STATE.—The term ‘‘State’’ means each of the States 

of Arizona, California, and Nevada. 

SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING. 

(a) IMPLEMENTATION.—The Secretary is authorized to manage 

and implement the LCR MSCP in accordance with the Program 

Documents. 

(b) WATER ACCOUNTING.—The Secretary is authorized to enter 

into an agreement with the States providing for the use of water 

from the Lower Colorado River for habitat creation and maintenance 

in accordance with the Program Documents. 

SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS. 

(a) IN GENERAL.—Due to the unique conditions of the Colorado 

River, any party to the Funding and Management Agreement or 

the Implementing Agreement, and any permittee under the Section 

10(a)(1)(B) Permit, may commence a civil action in United States 

district court to adjudicate, confirm, validate or decree the rights 

and obligations of the parties under those Program Documents. 

(b) JURISDICTION.—The district court shall have jurisdiction 

over such actions and may issue such orders, judgments, and 

decrees as are consistent with the court’s exercise of jurisdiction 

under this section. 

(c) UNITED STATES AS DEFENDANT.— (1) IN GENERAL.—The United States or any agency of the 

United States may be named as a defendant in such actions. 

(2) SOVEREIGN IMMUNITY.—Subject to paragraph (3), the 

sovereign immunity of the United States is waived for purposes 

of actions commenced pursuant to this section. 

(3) NONWAIVER FOR CERTAIN CLAIMS.—Nothing in this section waives the sovereign immunity of the United States to 

claims for money damages, monetary compensation, the provision of indemnity, or any claim seeking money from the United 

States. 

(d) RIGHTS UNDER FEDERAL AND STATE LAW.— (1) IN GENERAL.—Except as specifically provided in this 

section, nothing in this section limits any rights or obligations 

of any party under Federal or State law. 

(2) APPLICABILITY TO LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PROGRAM.—This section— 

(A) shall apply only to the Lower Colorado River MultiSpecies Conservation Program; and 

(B) shall not affect the terms of, or rights or obligations 

under, any other conservation plan created pursuant to 

any Federal or State law. 

Waiver. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1329 

(e) VENUE.—Any suit pursuant to this section may be brought 

in any United States district court in the State in which any 

non-Federal party to the suit is situated. 

SEC. 9404. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated to 

the Secretary such sums as may be necessary to meet the obligations of the Secretary under the Program Documents, to remain 

available until expended. 

(b) NON-REIMBURSABLE AND NON-RETURNABLE.—All amounts 

appropriated to and expended by the Secretary for the LCR MSCP 

shall be non-reimbursable and non-returnable. 

Subtitle F—Secure Water 

SEC. 9501. FINDINGS. 

Congress finds that— 

(1) adequate and safe supplies of water are fundamental 

to the health, economy, security, and ecology of the United 

States; 

(2) systematic data-gathering with respect to, and research 

and development of, the water resources of the United States 

will help ensure the continued existence of sufficient quantities 

of water to support— 

(A) increasing populations; 

(B) economic growth; 

(C) irrigated agriculture; 

(D) energy production; and 

(E) the protection of aquatic ecosystems; 

(3) global climate change poses a significant challenge to 

the protection and use of the water resources of the United 

States due to an increased uncertainty with respect to the 

timing, form, and geographical distribution of precipitation, 

which may have a substantial effect on the supplies of water 

for agricultural, hydroelectric power, industrial, domestic 

supply, and environmental needs; 

(4) although States bear the primary responsibility and 

authority for managing the water resources of the United 

States, the Federal Government should support the States, 

as well as regional, local, and tribal governments, by carrying 

out— 

(A) nationwide data collection and monitoring activities; 

(B) relevant research; and 

(C) activities to increase the efficiency of the use of 

water in the United States; 

(5) Federal agencies that conduct water management and 

related activities have a responsibility— 

(A) to take a lead role in assessing risks to the water 

resources of the United States (including risks posed by 

global climate change); and 

(B) to develop strategies— 

(i) to mitigate the potential impacts of each risk 

described in subparagraph (A); and 

42 USC 10361. 


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123 STAT. 1330 PUBLIC LAW 111–11—MAR. 30, 2009 

(ii) to help ensure that the long-term water 

resources management of the United States is sustainable and will ensure sustainable quantities of water; 

(6) it is critical to continue and expand research and monitoring efforts— 

(A) to improve the understanding of the variability 

of the water cycle; and 

(B) to provide basic information necessary— 

(i) to manage and efficiently use the water 

resources of the United States; and 

(ii) to identify new supplies of water that are 

capable of being reclaimed; and 

(7) the study of water use is vital— 

(A) to the understanding of the impacts of human 

activity on water and ecological resources; and 

(B) to the assessment of whether available surface 

and groundwater supplies will be available to meet the 

future needs of the United States. 

SEC. 9502. DEFINITIONS. 

In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the National Oceanic and Atmospheric 

Administration. 

(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 

means the National Advisory Committee on Water Information 

established— 

(A) under the Office of Management and Budget Circular 92–01; and 

(B) to coordinate water data collection activities. 

(3) ASSESSMENT PROGRAM.—The term ‘‘assessment program’’ means the water availability and use assessment program established by the Secretary under section 9508(a). 

(4) CLIMATE DIVISION.—The term ‘‘climate division’’ means 

1 of the 359 divisions in the United States that represents 

2 or more regions located within a State that are as climatically 

homogeneous as possible, as determined by the Administrator. 

(5) COMMISSIONER.—The term ‘‘Commissioner’’ means the 

Commissioner of Reclamation. 

(6) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the United States Geological Survey. 

(7) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’ 

means any State, Indian tribe, irrigation district, water district, 

or other organization with water or power delivery authority. 

(8) FEDERAL POWER MARKETING ADMINISTRATION.—The 

term ‘‘Federal Power Marketing Administration’’ means— 

(A) the Bonneville Power Administration; 

(B) the Southeastern Power Administration; 

(C) the Southwestern Power Administration; and 

(D) the Western Area Power Administration. 

(9) HYDROLOGIC ACCOUNTING UNIT.—The term ‘‘hydrologic 

accounting unit’’ means 1 of the 352 river basin hydrologic 

accounting units used by the United States Geological Survey. 

(10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the 

meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). 

42 USC 10362. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1331 

(11) MAJOR AQUIFER SYSTEM.—The term ‘‘major aquifer 

system’’ means a groundwater system that is— 

(A) identified as a significant groundwater system by 

the Director; and 

(B) included in the Groundwater Atlas of the United 

States, published by the United States Geological Survey. 

(12) MAJOR RECLAMATION RIVER BASIN.— 

(A) IN GENERAL.—The term ‘‘major reclamation river 

basin’’ means each major river system (including tributaries)— 

(i) that is located in a service area of the Bureau 

of Reclamation; and 

(ii) at which is located a federally authorized 

project of the Bureau of Reclamation. 

(B) INCLUSIONS.—The term ‘‘major reclamation river 

basin’’ includes— 

(i) the Colorado River; 

(ii) the Columbia River; 

(iii) the Klamath River; 

(iv) the Missouri River; 

(v) the Rio Grande; 

(vi) the Sacramento River; 

(vii) the San Joaquin River; and 

(viii) the Truckee River. 

(13) NON-FEDERAL PARTICIPANT.—The term ‘‘non-Federal 

participant’’ means— 

(A) a State, regional, or local authority; 

(B) an Indian tribe or tribal organization; or 

(C) any other qualifying entity, such as a water conservation district, water conservancy district, or rural water 

district or association, or a nongovernmental organization. 

(14) PANEL.—The term ‘‘panel’’ means the climate change 

and water intragovernmental panel established by the Secretary under section 9506(a). 

(15) PROGRAM.—The term ‘‘program’’ means the regional 

integrated sciences and assessments program— 

(A) established by the Administrator; and 

(B) that is comprised of 8 regional programs that use 

advances in integrated climate sciences to assist decisionmaking processes. 

(16) SECRETARY.— 

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

(B), the term ‘‘Secretary’’ means the Secretary of the 

Interior. 

(B) EXCEPTIONS.—The term ‘‘Secretary’’ means— 

(i) in the case of sections 9503, 9504, and 9509, 

the Secretary of the Interior (acting through the 

Commissioner); and 

(ii) in the case of sections 9507 and 9508, the 

Secretary of the Interior (acting through the Director). 

(17) SERVICE AREA.—The term ‘‘service area’’ means any 

area that encompasses a watershed that contains a federally 

authorized reclamation project that is located in any State 

or area described in the first section of the Act of June 17, 

1902 (43 U.S.C. 391). 


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123 STAT. 1332 PUBLIC LAW 111–11—MAR. 30, 2009 

SEC. 9503. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM. 

(a) IN GENERAL.—The Secretary shall establish a climate 

change adaptation program— 

(1) to coordinate with the Administrator and other appropriate agencies to assess each effect of, and risk resulting 

from, global climate change with respect to the quantity of 

water resources located in a service area; and 

(2) to ensure, to the maximum extent possible, that strategies are developed at watershed and aquifer system scales 

to address potential water shortages, conflicts, and other 

impacts to water users located at, and the environment of, 

each service area. 

(b) REQUIRED ELEMENTS.—In carrying out the program 

described in subsection (a), the Secretary shall— 

(1) coordinate with the United States Geological Survey, 

the National Oceanic and Atmospheric Administration, the program, and each appropriate State water resource agency, to 

ensure that the Secretary has access to the best available 

scientific information with respect to presently observed and 

projected future impacts of global climate change on water 

resources; 

(2) assess specific risks to the water supply of each major 

reclamation river basin, including any risk relating to— 

(A) a change in snowpack; 

(B) changes in the timing and quantity of runoff; 

(C) changes in groundwater recharge and discharge; 

and 

(D) any increase in— 

(i) the demand for water as a result of increasing 

temperatures; and 

(ii) the rate of reservoir evaporation; 

(3) with respect to each major reclamation river basin, 

analyze the extent to which changes in the water supply of 

the United States will impact— 

(A) the ability of the Secretary to deliver water to 

the contractors of the Secretary; 

(B) hydroelectric power generation facilities; 

(C) recreation at reclamation facilities; 

(D) fish and wildlife habitat; 

(E) applicable species listed as an endangered, threatened, or candidate species under the Endangered Species 

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

(F) water quality issues (including salinity levels of 

each major reclamation river basin); 

(G) flow and water dependent ecological resiliency; and 

(H) flood control management; 

(4) in consultation with appropriate non-Federal participants, consider and develop appropriate strategies to mitigate 

each impact of water supply changes analyzed by the Secretary 

under paragraph (3), including strategies relating to— 

(A) the modification of any reservoir storage or operating guideline in existence as of the date of enactment 

of this Act; 

(B) the development of new water management, operating, or habitat restoration plans; 

(C) water conservation; 

Strategies. 

Analysis. 

Assessment. 

42 USC 10363. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1333 

(D) improved hydrologic models and other decision support systems; and 

(E) groundwater and surface water storage needs; and 

(5) in consultation with the Director, the Administrator, 

the Secretary of Agriculture (acting through the Chief of the 

Natural Resources Conservation Service), and applicable State 

water resource agencies, develop a monitoring plan to acquire 

and maintain water resources data— 

(A) to strengthen the understanding of water supply 

trends; and 

(B) to assist in each assessment and analysis conducted 

by the Secretary under paragraphs (2) and (3). 

(c) REPORTING.—Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary shall 

submit to the appropriate committees of Congress a report that 

describes— 

(1) each effect of, and risk resulting from, global climate 

change with respect to the quantity of water resources located 

in each major reclamation river basin; 

(2) the impact of global climate change with respect to 

the operations of the Secretary in each major reclamation river 

basin; 

(3) each mitigation and adaptation strategy considered and 

implemented by the Secretary to address each effect of global 

climate change described in paragraph (1); 

(4) each coordination activity conducted by the Secretary 

with— 

(A) the Director; 

(B) the Administrator; 

(C) the Secretary of Agriculture (acting through the 

Chief of the Natural Resources Conservation Service); or 

(D) any appropriate State water resource agency; and 

(5) the implementation by the Secretary of the monitoring 

plan developed under subsection (b)(5). 

(d) FEASIBILITY STUDIES.— (1) AUTHORITY OF SECRETARY.—The Secretary, in cooperation with any non-Federal participant, may conduct 1 or more 

studies to determine the feasibility and impact on ecological 

resiliency of implementing each mitigation and adaptation 

strategy described in subsection (c)(3), including the construction of any water supply, water management, environmental, 

or habitat enhancement water infrastructure that the Secretary 

determines to be necessary to address the effects of global 

climate change on water resources located in each major reclamation river basin. 

(2) COST SHARING.— 

(A) FEDERAL SHARE.— 

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

the Federal share of the cost of a study described 

in paragraph (1) shall not exceed 50 percent of the 

cost of the study. 

(ii) EXCEPTION RELATING TO FINANCIAL HARDSHIP.—The Secretary may increase the Federal share 

of the cost of a study described in paragraph (1) to 

exceed 50 percent of the cost of the study if the Secretary determines that, due to a financial hardship, 

the non-Federal participant of the study is unable to 

Monitoring plan. 


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123 STAT. 1334 PUBLIC LAW 111–11—MAR. 30, 2009 

contribute an amount equal to 50 percent of the cost 

of the study. 

(B) NON-FEDERAL SHARE.—The non-Federal share of 

the cost of a study described in paragraph (1) may be 

provided in the form of any in-kind services that substantially contribute toward the completion of the study, as 

determined by the Secretary. 

(e) NO EFFECT ON EXISTING AUTHORITY.—Nothing in this section amends or otherwise affects any existing authority under reclamation laws that govern the operation of any Federal reclamation 

project. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section for each of fiscal years 2009 through 2023, to remain available until expended. 

SEC. 9504. WATER MANAGEMENT IMPROVEMENT. 

(a) AUTHORIZATION OF GRANTS AND COOPERATIVE AGREEMENTS.— 

(1) AUTHORITY OF SECRETARY.—The Secretary may provide 

any grant to, or enter into an agreement with, any eligible 

applicant to assist the eligible applicant in planning, designing, 

or constructing any improvement— 

(A) to conserve water; 

(B) to increase water use efficiency; 

(C) to facilitate water markets; 

(D) to enhance water management, including 

increasing the use of renewable energy in the management 

and delivery of water; 

(E) to accelerate the adoption and use of advanced 

water treatment technologies to increase water supply; 

(F) to prevent the decline of species that the United 

States Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or 

candidate species that are being considered by those agencies for such listing but are not yet the subject of a proposed 

rule); 

(G) to accelerate the recovery of threatened species, 

endangered species, and designated critical habitats that 

are adversely affected by Federal reclamation projects or 

are subject to a recovery plan or conservation plan under 

the Endangered Species Act of 1973 (16 U.S.C. 1531 et 

seq.) under which the Commissioner of Reclamation has 

implementation responsibilities; or 

(H) to carry out any other activity— 

(i) to address any climate-related impact to the 

water supply of the United States that increases 

ecological resiliency to the impacts of climate change; 

or 

(ii) to prevent any water-related crisis or conflict 

at any watershed that has a nexus to a Federal reclamation project located in a service area. 

(2) APPLICATION.—To be eligible to receive a grant, or enter 

into an agreement with the Secretary under paragraph (1), 

an eligible applicant shall— 

42 USC 10364. 


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(A) be located within the States and areas referred 

to in the first section of the Act of June 17, 1902 (43 

U.S.C. 391); and 

(B) submit to the Secretary an application that includes 

a proposal of the improvement or activity to be planned, 

designed, constructed, or implemented by the eligible 

applicant. 

(3) REQUIREMENTS OF GRANTS AND COOPERATIVE AGREE- MENTS.— 

(A) COMPLIANCE WITH REQUIREMENTS.—Each grant and 

agreement entered into by the Secretary with any eligible 

applicant under paragraph (1) shall be in compliance with 

each requirement described in subparagraphs (B) through 

(F). 

(B) AGRICULTURAL OPERATIONS.—In carrying out paragraph (1), the Secretary shall not provide a grant, or enter 

into an agreement, for an improvement to conserve irrigation water unless the eligible applicant agrees not— 

(i) to use any associated water savings to increase 

the total irrigated acreage of the eligible applicant; 

or 

(ii) to otherwise increase the consumptive use of 

water in the operation of the eligible applicant, as 

determined pursuant to the law of the State in which 

the operation of the eligible applicant is located. 

(C) NONREIMBURSABLE FUNDS.—Any funds provided by 

the Secretary to an eligible applicant through a grant or 

agreement under paragraph (1) shall be nonreimbursable. 

(D) TITLE TO IMPROVEMENTS.—If an infrastructure 

improvement to a federally owned facility is the subject 

of a grant or other agreement entered into between the 

Secretary and an eligible applicant under paragraph (1), 

the Federal Government shall continue to hold title to 

the facility and improvements to the facility. 

(E) COST SHARING.— (i) FEDERAL SHARE.—The Federal share of the cost 

of any infrastructure improvement or activity that is 

the subject of a grant or other agreement entered into 

between the Secretary and an eligible applicant under 

paragraph (1) shall not exceed 50 percent of the cost 

of the infrastructure improvement or activity. 

(ii) CALCULATION OF NON-FEDERAL SHARE.—In calculating the non-Federal share of the cost of an infrastructure improvement or activity proposed by an 

eligible applicant through an application submitted by 

the eligible applicant under paragraph (2), the Secretary shall— 

(I) consider the value of any in-kind services 

that substantially contributes toward the completion of the improvement or activity, as determined 

by the Secretary; and 

(II) not consider any other amount that the 

eligible applicant receives from a Federal agency. 

(iii) MAXIMUM AMOUNT.—The amount provided to 

an eligible applicant through a grant or other agreement under paragraph (1) shall be not more than 

$5,000,000. 


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123 STAT. 1336 PUBLIC LAW 111–11—MAR. 30, 2009 

(iv) OPERATION AND MAINTENANCE COSTS.—The 

non-Federal share of the cost of operating and 

maintaining any infrastructure improvement that is 

the subject of a grant or other agreement entered into 

between the Secretary and an eligible applicant under 

paragraph (1) shall be 100 percent. 

(F) LIABILITY.— (i) IN GENERAL.—Except as provided under chapter 

171 of title 28, United States Code (commonly known 

as the ‘‘Federal Tort Claims Act’’), the United States 

shall not be liable for monetary damages of any kind 

for any injury arising out of an act, omission, or occurrence that arises in relation to any facility created 

or improved under this section, the title of which is 

not held by the United States. 

(ii) TORT CLAIMS ACT.—Nothing in this section 

increases the liability of the United States beyond that 

provided in chapter 171 of title 28, United States Code 

(commonly known as the ‘‘Federal Tort Claims Act’’). 

(b) RESEARCH AGREEMENTS.— 

(1) AUTHORITY OF SECRETARY.—The Secretary may enter 

into 1 or more agreements with any university, nonprofit 

research institution, or organization with water or power 

delivery authority to fund any research activity that is 

designed— 

(A) to conserve water resources; 

(B) to increase the efficiency of the use of water 

resources; or 

(C) to enhance the management of water resources, 

including increasing the use of renewable energy in the 

management and delivery of water. 

(2) TERMS AND CONDITIONS OF SECRETARY.— 

(A) IN GENERAL.—An agreement entered into between 

the Secretary and any university, institution, or organization described in paragraph (1) shall be subject to such 

terms and conditions as the Secretary determines to be 

appropriate. 

(B) AVAILABILITY.—The agreements under this subsection shall be available to all Reclamation projects and 

programs that may benefit from project-specific or programmatic cooperative research and development. 

(c) MUTUAL BENEFIT.—Grants or other agreements made under 

this section may be for the mutual benefit of the United States 

and the entity that is provided the grant or enters into the cooperative agreement. 

(d) RELATIONSHIP TO PROJECT-SPECIFIC AUTHORITY.—This section shall not supersede any existing project-specific funding 

authority. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $200,000,000, to remain 

available until expended. 

SEC. 9505. HYDROELECTRIC POWER ASSESSMENT. 

(a) DUTY OF SECRETARY OF ENERGY.—The Secretary of Energy, 

in consultation with the Administrator of each Federal Power Marketing Administration, shall assess each effect of, and risk resulting 

from, global climate change with respect to water supplies that 

42 USC 10365. 


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are required for the generation of hydroelectric power at each 

Federal water project that is applicable to a Federal Power Marketing Administration. 

(b) ACCESS TO APPROPRIATE DATA.— (1) IN GENERAL.—In carrying out each assessment under 

subsection (a), the Secretary of Energy shall consult with the 

United States Geological Survey, the National Oceanic and 

Atmospheric Administration, the program, and each appropriate State water resource agency, to ensure that the Secretary 

of Energy has access to the best available scientific information 

with respect to presently observed impacts and projected future 

impacts of global climate change on water supplies that are 

used to produce hydroelectric power. 

(2) ACCESS TO DATA FOR CERTAIN ASSESSMENTS.—In carrying out each assessment under subsection (a), with respect 

to the Bonneville Power Administration and the Western Area 

Power Administration, the Secretary of Energy shall consult 

with the Commissioner to access data and other information 

that— 

(A) is collected by the Commissioner; and 

(B) the Secretary of Energy determines to be necessary 

for the conduct of the assessment. 

(c) REPORT.—Not later than 2 years after the date of enactment 

of this Act, and every 5 years thereafter, the Secretary of Energy 

shall submit to the appropriate committees of Congress a report 

that describes— 

(1) each effect of, and risk resulting from, global climate 

change with respect to— 

(A) water supplies used for hydroelectric power generation; and 

(B) power supplies marketed by each Federal Power 

Marketing Administration, pursuant to— 

(i) long-term power contracts; 

(ii) contingent capacity contracts; and 

(iii) short-term sales; and 

(2) each recommendation of the Administrator of each Federal Power Marketing Administration relating to any change 

in any operation or contracting practice of each Federal Power 

Marketing Administration to address each effect and risk 

described in paragraph (1), including the use of purchased 

power to meet long-term commitments of each Federal Power 

Marketing Administration. 

(d) AUTHORITY.—The Secretary of Energy may enter into contracts, grants, or other agreements with appropriate entities to 

carry out this section. 

(e) COSTS.— 

(1) NONREIMBURSABLE.—Any costs incurred by the Secretary of Energy in carrying out this section shall be nonreimbursable. 

(2) PMA COSTS.—Each Federal Power Marketing Administration shall incur costs in carrying out this section only to 

the extent that appropriated funds are provided by the Secretary of Energy for that purpose. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section for each of fiscal years 2009 through 2023, to remain available until expended. 

Consultation. 


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123 STAT. 1338 PUBLIC LAW 111–11—MAR. 30, 2009 

SEC. 9506. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL 

PANEL. 

(a) ESTABLISHMENT.—The Secretary and the Administrator 

shall establish and lead a climate change and water 

intragovernmental panel— 

(1) to review the current scientific understanding of each 

impact of global climate change on the quantity and quality 

of freshwater resources of the United States; and 

(2) to develop any strategy that the panel determines to 

be necessary to improve observational capabilities, expand data 

acquisition, or take other actions— 

(A) to increase the reliability and accuracy of modeling 

and prediction systems to benefit water managers at the 

Federal, State, and local levels; and 

(B) to increase the understanding of the impacts of 

climate change on aquatic ecosystems. 

(b) MEMBERSHIP.—The panel shall be comprised of— 

(1) the Secretary; 

(2) the Director; 

(3) the Administrator; 

(4) the Secretary of Agriculture (acting through the Under 

Secretary for Natural Resources and Environment); 

(5) the Commissioner; 

(6) the Secretary of the Army, acting through the Chief 

of Engineers; 

(7) the Administrator of the Environmental Protection 

Agency; and 

(8) the Secretary of Energy. 

(c) REVIEW ELEMENTS.—In conducting the review and developing the strategy under subsection (a), the panel shall consult 

with State water resource agencies, the Advisory Committee, 

drinking water utilities, water research organizations, and relevant 

water user, environmental, and other nongovernmental organizations— 

(1) to assess the extent to which the conduct of measures 

of streamflow, groundwater levels, soil moisture, 

evapotranspiration rates, evaporation rates, snowpack levels, 

precipitation amounts, flood risk, and glacier mass is necessary 

to improve the understanding of the Federal Government and 

the States with respect to each impact of global climate change 

on water resources; 

(2) to identify data gaps in current water monitoring networks that must be addressed to improve the capability of 

the Federal Government and the States to measure, analyze, 

and predict changes to the quality and quantity of water 

resources, including flood risks, that are directly or indirectly 

affected by global climate change; 

(3) to establish data management and communication 

protocols and standards to increase the quality and efficiency 

by which each Federal agency acquires and reports relevant 

data; 

(4) to consider options for the establishment of a data 

portal to enhance access to water resource data— 

(A) relating to each nationally significant freshwater 

watershed and aquifer located in the United States; and 

(B) that is collected by each Federal agency and any 

other public or private entity for each nationally significant 

Procedures. 

Standards. 

Consultation. 

42 USC 10366. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1339 

freshwater watershed and aquifer located in the United 

States; 

(5) to facilitate the development of hydrologic and other 

models to integrate data that reflects groundwater and surface 

water interactions; and 

(6) to apply the hydrologic and other models developed 

under paragraph (5) to water resource management problems 

identified by the panel, including the need to maintain or 

improve ecological resiliency at watershed and aquifer system 

scales. 

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

of this Act, the Secretary shall submit to the appropriate committees 

of Congress a report that describes the review conducted, and 

the strategy developed, by the panel under subsection (a). 

(e) DEMONSTRATION, RESEARCH, AND METHODOLOGY DEVELOPMENT PROJECTS.— 

(1) AUTHORITY OF SECRETARY.—The Secretary, in consultation with the panel and the Advisory Committee, may provide 

grants to, or enter into any contract, cooperative agreement, 

interagency agreement, or other transaction with, an appropriate entity to carry out any demonstration, research, or methodology development project that the Secretary determines to 

be necessary to assist in the implementation of the strategy 

developed by the panel under subsection (a)(2). 

(2) REQUIREMENTS.— 

(A) MAXIMUM AMOUNT OF FEDERAL SHARE.—The Federal share of the cost of any demonstration, research, or 

methodology development project that is the subject of 

any grant, contract, cooperative agreement, interagency 

agreement, or other transaction entered into between the 

Secretary and an appropriate entity under paragraph (1) 

shall not exceed $1,000,000. 

(B) REPORT.—An appropriate entity that receives funds 

from a grant, contract, cooperative agreement, interagency 

agreement, or other transaction entered into between the 

Secretary and the appropriate entity under paragraph (1) 

shall submit to the Secretary a report describing the results 

of the demonstration, research, or methodology development project conducted by the appropriate entity. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

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

to carry out subsections (a) through (d) $2,000,000 for each 

of fiscal years 2009 through 2011, to remain available until 

expended. 

(2) DEMONSTRATION, RESEARCH, AND METHODOLOGY

DEVELOPMENT PROJECTS.—There is authorized to be appropriated to carry out subsection (e) $10,000,000 for the period 

of fiscal years 2009 through 2013, to remain available until 

expended. 

SEC. 9507. WATER DATA ENHANCEMENT BY UNITED STATES 

GEOLOGICAL SURVEY. 

(a) NATIONAL STREAMFLOW INFORMATION PROGRAM.— 

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

Advisory Committee and the Panel and consistent with this 

section, shall proceed with implementation of the national 

42 USC 10367. 


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123 STAT. 1340 PUBLIC LAW 111–11—MAR. 30, 2009 

streamflow information program, as reviewed by the National 

Research Council in 2004. 

(2) REQUIREMENTS.—In conducting the national streamflow 

information program, the Secretary shall— 

(A) measure streamflow and related environmental 

variables in nationally significant watersheds— 

(i) in a reliable and continuous manner; and 

(ii) to develop a comprehensive source of information on which public and private decisions relating 

to the management of water resources may be based; 

(B) provide for a better understanding of hydrologic 

extremes (including floods and droughts) through the conduct of intensive data collection activities during and following hydrologic extremes; 

(C) establish a base network that provides resources 

that are necessary for— 

(i) the monitoring of long-term changes in 

streamflow; and 

(ii) the conduct of assessments to determine the 

extent to which each long-term change monitored 

under clause (i) is related to global climate change; 

(D) integrate the national streamflow information program with data collection activities of Federal agencies 

and appropriate State water resource agencies (including 

the National Integrated Drought Information System)— 

(i) to enhance the comprehensive understanding 

of water availability; 

(ii) to improve flood-hazard assessments; 

(iii) to identify any data gap with respect to water 

resources; and 

(iv) to improve hydrologic forecasting; and 

(E) incorporate principles of adaptive management in 

the conduct of periodic reviews of information collected 

under the national streamflow information program to 

assess whether the objectives of the national streamflow 

information program are being adequately addressed. 

(3) IMPROVED METHODOLOGIES.—The Secretary shall— 

(A) improve methodologies relating to the analysis and 

delivery of data; and 

(B) investigate, develop, and implement new methodologies and technologies to estimate or measure 

streamflow in a more cost-efficient manner. 

(4) NETWORK ENHANCEMENT.— 

(A) IN GENERAL.—Not later than 10 years after the 

date of enactment of this Act, in accordance with subparagraph (B), the Secretary shall— 

(i) increase the number of streamgages funded by 

the national streamflow information program to a 

quantity of not less than 4,700 sites; and 

(ii) ensure all streamgages are flood-hardened and 

equipped with water-quality sensors and modernized 

telemetry. 

(B) REQUIREMENTS OF SITES.—Each site described in 

subparagraph (A) shall conform with the National 

Streamflow Information Program plan as reviewed by the 

National Research Council. 

Deadline. 

Base network. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1341 

(5) FEDERAL SHARE.—The Federal share of the national 

streamgaging network established pursuant to this subsection 

shall be 100 percent of the cost of carrying out the national 

streamgaging network. 

(6) AUTHORIZATION OF APPROPRIATIONS.— 

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

(B), there are authorized to be appropriated such sums 

as are necessary to operate the national streamflow 

information program for the period of fiscal years 2009 

through 2023, to remain available until expended. 

(B) NETWORK ENHANCEMENT FUNDING.—There is 

authorized to be appropriated to carry out the network 

enhancements described in paragraph (4) $10,000,000 for 

each of fiscal years 2009 through 2019, to remain available 

until expended. 

(b) NATIONAL GROUNDWATER RESOURCES MONITORING.— 

(1) IN GENERAL.—The Secretary shall develop a systematic 

groundwater monitoring program for each major aquifer system 

located in the United States. 

(2) PROGRAM ELEMENTS.—In developing the monitoring program described in paragraph (1), the Secretary shall— 

(A) establish appropriate criteria for monitoring wells 

to ensure the acquisition of long-term, high-quality data 

sets, including, to the maximum extent possible, the inclusion of real-time instrumentation and reporting; 

(B) in coordination with the Advisory Committee and 

State and local water resource agencies— 

(i) assess the current scope of groundwater monitoring based on the access availability and capability 

of each monitoring well in existence as of the date 

of enactment of this Act; and 

(ii) develop and carry out a monitoring plan that 

maximizes coverage for each major aquifer system that 

is located in the United States; and 

(C) prior to initiating any specific monitoring activities 

within a State after the date of enactment of this Act, 

consult and coordinate with the applicable State water 

resource agency with jurisdiction over the aquifer that 

is the subject of the monitoring activities, and comply with 

all applicable laws (including regulations) of the State. 

(3) PROGRAM OBJECTIVES.—In carrying out the monitoring 

program described in paragraph (1), the Secretary shall— 

(A) provide data that is necessary for the improvement 

of understanding with respect to surface water and groundwater interactions; 

(B) by expanding the network of monitoring wells to 

reach each climate division, support the groundwater climate response network to improve the understanding of 

the effects of global climate change on groundwater 

recharge and availability; and 

(C) support the objectives of the assessment program. 

(4) IMPROVED METHODOLOGIES.—The Secretary shall— 

(A) improve methodologies relating to the analysis and 

delivery of data; and 

Consultation. 

Monitoring plan. 

Assessment. 

Criteria. 


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123 STAT. 1342 PUBLIC LAW 111–11—MAR. 30, 2009 

(B) investigate, develop, and implement new methodologies and technologies to estimate or measure groundwater recharge, discharge, and storage in a more costefficient manner. 

(5) FEDERAL SHARE.—The Federal share of the monitoring 

program described in paragraph (1) may be 100 percent of 

the cost of carrying out the monitoring program. 

(6) PRIORITY.—In selecting monitoring activities consistent 

with the monitoring program described in paragraph (1), the 

Secretary shall give priority to those activities for which a 

State or local governmental entity agrees to provide for a 

substantial share of the cost of establishing or operating a 

monitoring well or other measuring device to carry out a monitoring activity. 

(7) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry 

out this subsection for the period of fiscal years 2009 through 

2023, to remain available until expended. 

(c) BRACKISH GROUNDWATER ASSESSMENT.— 

(1) STUDY.—The Secretary, in consultation with State and 

local water resource agencies, shall conduct a study of available 

data and other relevant information— 

(A) to identify significant brackish groundwater 

resources located in the United States; and 

(B) to consolidate any available data relating to each 

groundwater resource identified under subparagraph (A). 

(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the appropriate 

committees of Congress a report that includes— 

(A) a description of each— 

(i) significant brackish aquifer that is located in 

the United States (including 1 or more maps of each 

significant brackish aquifer that is located in the 

United States); 

(ii) data gap that is required to be addressed to 

fully characterize each brackish aquifer described in 

clause (i); and 

(iii) current use of brackish groundwater that is 

supplied by each brackish aquifer described in clause 

(i); and 

(B) a summary of the information available as of the 

date of enactment of this Act with respect to each brackish 

aquifer described in subparagraph (A)(i) (including the 

known level of total dissolved solids in each brackish 

aquifer). 

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $3,000,000 

for the period of fiscal years 2009 through 2011, to remain 

available until expended. 

(d) IMPROVED WATER ESTIMATION, MEASUREMENT, AND MONITORING TECHNOLOGIES.— (1) AUTHORITY OF SECRETARY.—The Secretary may provide 

grants on a nonreimbursable basis to appropriate entities with 

expertise in water resource data acquisition and reporting, 

including Federal agencies, the Water Resources Research 

Institutes and other academic institutions, and private entities, 

to— 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1343 

(A) investigate, develop, and implement new methodologies and technologies to estimate or measure water 

resources data in a cost-efficient manner; and 

(B) improve methodologies relating to the analysis and 

delivery of data. 

(2) PRIORITY.—In providing grants to appropriate entities 

under paragraph (1), the Secretary shall give priority to appropriate entities that propose the development of new methods 

and technologies for— 

(A) predicting and measuring streamflows; 

(B) estimating changes in the storage of groundwater; 

(C) improving data standards and methods of analysis 

(including the validation of data entered into geographic 

information system databases); 

(D) measuring precipitation and potential 

evapotranspiration; and 

(E) water withdrawals, return flows, and consumptive 

use. 

(3) PARTNERSHIPS.—In recognition of the value of collaboration to foster innovation and enhance research and development 

efforts, the Secretary shall encourage partnerships, including 

public-private partnerships, between and among Federal agencies, academic institutions, and private entities to promote the 

objectives described in paragraph (1). 

(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000 

for each of fiscal years 2009 through 2019. 

SEC. 9508. NATIONAL WATER AVAILABILITY AND USE ASSESSMENT 

PROGRAM. 

(a) ESTABLISHMENT.—The Secretary, in coordination with the 

Advisory Committee and State and local water resource agencies, 

shall establish a national assessment program to be known as 

the ‘‘national water availability and use assessment program’’— 

(1) to provide a more accurate assessment of the status 

of the water resources of the United States; 

(2) to assist in the determination of the quantity of water 

that is available for beneficial uses; 

(3) to assist in the determination of the quality of the 

water resources of the United States; 

(4) to identify long-term trends in water availability; 

(5) to use each long-term trend described in paragraph 

(4) to provide a more accurate assessment of the change in 

the availability of water in the United States; and 

(6) to develop the basis for an improved ability to forecast 

the availability of water for future economic, energy production, 

and environmental uses. 

(b) PROGRAM ELEMENTS.— 

(1) WATER USE.—In carrying out the assessment program, 

the Secretary shall conduct any appropriate activity to carry 

out an ongoing assessment of water use in hydrologic 

accounting units and major aquifer systems located in the 

United States, including— 

(A) the maintenance of a comprehensive national water 

use inventory to enhance the level of understanding with 

respect to the effects of spatial and temporal patterns of 

42 USC 10368. 


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123 STAT. 1344 PUBLIC LAW 111–11—MAR. 30, 2009 

water use on the availability and sustainable use of water 

resources; 

(B) the incorporation of water use science principles, 

with an emphasis on applied research and statistical estimation techniques in the assessment of water use; 

(C) the integration of any dataset maintained by any 

other Federal or State agency into the dataset maintained 

by the Secretary; and 

(D) a focus on the scientific integration of any data 

relating to water use, water flow, or water quality to generate relevant information relating to the impact of human 

activity on water and ecological resources. 

(2) WATER AVAILABILITY.—In carrying out the assessment 

program, the Secretary shall conduct an ongoing assessment 

of water availability by— 

(A) developing and evaluating nationally consistent 

indicators that reflect each status and trend relating to 

the availability of water resources in the United States, 

including— 

(i) surface water indicators, such as streamflow 

and surface water storage measures (including lakes, 

reservoirs, perennial snowfields, and glaciers); 

(ii) groundwater indicators, including groundwater 

level measurements and changes in groundwater levels 

due to— 

(I) natural recharge; 

(II) withdrawals; 

(III) saltwater intrusion; 

(IV) mine dewatering; 

(V) land drainage; 

(VI) artificial recharge; and 

(VII) other relevant factors, as determined by 

the Secretary; and 

(iii) impaired surface water and groundwater supplies that are known, accessible, and used to meet 

ongoing water demands; 

(B) maintaining a national database of water availability data that— 

(i) is comprised of maps, reports, and other forms 

of interpreted data; 

(ii) provides electronic access to the archived data 

of the national database; and 

(iii) provides for real-time data collection; and 

(C) developing and applying predictive modeling tools 

that integrate groundwater, surface water, and ecological 

systems. 

(c) GRANT PROGRAM.— 

(1) AUTHORITY OF SECRETARY.—The Secretary may provide 

grants to State water resource agencies to assist State water 

resource agencies in— 

(A) developing water use and availability datasets that 

are integrated with each appropriate dataset developed 

or maintained by the Secretary; or 

(B) integrating any water use or water availability 

dataset of the State water resource agency into each appropriate dataset developed or maintained by the Secretary. 

Assessment. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1345 

(2) CRITERIA.—To be eligible to receive a grant under paragraph (1), a State water resource agency shall demonstrate 

to the Secretary that the water use and availability dataset 

proposed to be established or integrated by the State water 

resource agency— 

(A) is in compliance with each quality and conformity 

standard established by the Secretary to ensure that the 

data will be capable of integration with any national 

dataset; and 

(B) will enhance the ability of the officials of the State 

or the State water resource agency to carry out each water 

management and regulatory responsibility of the officials 

of the State in accordance with each applicable law of 

the State. 

(3) MAXIMUM AMOUNT.—The amount of a grant provided 

to a State water resource agency under paragraph (1) shall 

be an amount not more than $250,000. 

(d) REPORT.—Not later than December 31, 2012, and every 

5 years thereafter, the Secretary shall submit to the appropriate 

committees of Congress a report that provides a detailed assessment 

of— 

(1) the current availability of water resources in the United 

States, including— 

(A) historic trends and annual updates of river basin 

inflows and outflows; 

(B) surface water storage; 

(C) groundwater reserves; and 

(D) estimates of undeveloped potential resources 

(including saline and brackish water and wastewater); 

(2) significant trends affecting water availability, including 

each documented or projected impact to the availability of water 

as a result of global climate change; 

(3) the withdrawal and use of surface water and groundwater by various sectors, including— 

(A) the agricultural sector; 

(B) municipalities; 

(C) the industrial sector; 

(D) thermoelectric power generators; and 

(E) hydroelectric power generators; 

(4) significant trends relating to each water use sector, 

including significant changes in water use due to the development of new energy supplies; 

(5) significant water use conflicts or shortages that have 

occurred or are occurring; and 

(6) each factor that has caused, or is causing, a conflict 

or shortage described in paragraph (5). 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

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

to carry out subsections (a), (b), and (d) $20,000,000 for each 

of fiscal years 2009 through 2023, to remain available until 

expended. 

(2) GRANT PROGRAM.—There is authorized to be appropriated to carry out subsection (c) $12,500,000 for the period 

of fiscal years 2009 through 2013, to remain available until 

expended. 


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123 STAT. 1346 PUBLIC LAW 111–11—MAR. 30, 2009 

SEC. 9509. RESEARCH AGREEMENT AUTHORITY. 

The Secretary may enter into contracts, grants, or cooperative 

agreements, for periods not to exceed 5 years, to carry out research 

within the Bureau of Reclamation. 

SEC. 9510. EFFECT. 

(a) IN GENERAL.—Nothing in this subtitle supersedes or limits 

any existing authority provided, or responsibility conferred, by any 

provision of law. 

(b) EFFECT ON STATE WATER LAW.— (1) IN GENERAL.—Nothing in this subtitle preempts or 

affects any— 

(A) State water law; or 

(B) interstate compact governing water. 

(2) COMPLIANCE REQUIRED.—The Secretary shall comply 

with applicable State water laws in carrying out this subtitle. 

Subtitle G—Aging Infrastructure 

SEC. 9601 DEFINITIONS. 

In this subtitle: 

(1) INSPECTION.—The term ‘‘inspection’’ means an inspection of a project facility carried out by the Secretary— 

(A) to assess and determine the general condition of 

the project facility; and 

(B) to estimate the value of property, and the size 

of the population, that would be at risk if the project 

facility fails, is breached, or otherwise allows flooding to 

occur. 

(2) PROJECT FACILITY.—The term ‘‘project facility’’ means 

any part or incidental feature of a project, excluding highand significant-hazard dams, constructed under the Federal 

reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 

1093), and Acts supplemental to and amendatory of that Act 

(43 U.S.C. 371 et seq.). 

(3) RESERVED WORKS.—The term ‘‘reserved works’’ mean 

any project facility at which the Secretary carries out the 

operation and maintenance of the project facility. 

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

of the Interior, acting through the Commissioner of Reclamation. 

(5) TRANSFERRED WORKS.—The term ‘‘transferred works’’ 

means a project facility, the operation and maintenance of 

which is carried out by a non-Federal entity, under the provisions of a formal operation and maintenance transfer contract. 

(6) TRANSFERRED WORKS OPERATING ENTITY.—The term 

‘‘transferred works operating entity’’ means the organization 

which is contractually responsible for operation and maintenance of transferred works. 

(7) EXTRAORDINARY OPERATION AND MAINTENANCE WORK.— 

The term ‘‘extraordinary operation and maintenance work’’ 

means major, nonrecurring maintenance to Reclamation-owned 

or operated facilities, or facility components, that is— 

(A) intended to ensure the continued safe, dependable, 

and reliable delivery of authorized project benefits; and 

43 USC 510. 

42 USC 10370. 

42 USC 10369. 


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(B) greater than 10 percent of the contractor’s or the 

transferred works operating entity’s annual operation and 

maintenance budget for the facility, or greater than 

$100,000. 

SEC. 9602. GUIDELINES AND INSPECTION OF PROJECT FACILITIES AND 

TECHNICAL ASSISTANCE TO TRANSFERRED WORKS 

OPERATING ENTITIES. 

(a) GUIDELINES AND INSPECTIONS.— (1) DEVELOPMENT OF GUIDELINES.—Not later than 1 year 

after the date of enactment of this Act, the Secretary in consultation with transferred works operating entities shall 

develop, consistent with existing transfer contracts, specific 

inspection guidelines for project facilities which are in proximity 

to urbanized areas and which could pose a risk to public safety 

or property damage if such project facilities were to fail. 

(2) CONDUCT OF INSPECTIONS.—Not later than 3 years after 

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

inspections of those project facilities, which are in proximity 

to urbanized areas and which could pose a risk to public safety 

or property damage if such facilities were to fail, using such 

specific inspection guidelines and criteria developed pursuant 

to paragraph (1). In selecting project facilities to inspect, the 

Secretary shall take into account the potential magnitude of 

public safety and economic damage posed by each project 

facility. 

(3) TREATMENT OF COSTS.—The costs incurred by the Secretary in conducting these inspections shall be nonreimbursable. 

(b) USE OF INSPECTION DATA.—The Secretary shall use the 

data collected through the conduct of the inspections under subsection (a)(2) to— 

(1) provide recommendations to the transferred works operating entities for improvement of operation and maintenance 

processes, operating procedures including operation guidelines 

consistent with existing transfer contracts, and structural modifications to those transferred works; 

(2) determine an appropriate inspection frequency for such 

nondam project facilities which shall not exceed 6 years; and 

(3) provide, upon request of transferred work operating 

entities, local governments, or State agencies, information 

regarding potential hazards posed by existing or proposed residential, commercial, industrial or public-use development adjacent to project facilities. 

(c) TECHNICAL ASSISTANCE TO TRANSFERRED WORKS OPERATING

ENTITIES.— 

(1) AUTHORITY OF SECRETARY TO PROVIDE TECHNICAL

ASSISTANCE.—The Secretary is authorized, at the request of 

a transferred works operating entity in proximity to an urbanized area, to provide technical assistance to accomplish the 

following, if consistent with existing transfer contracts: 

(A) Development of documented operating procedures 

for a project facility. 

(B) Development of documented emergency notification 

and response procedures for a project facility. 

(C) Development of facility inspection criteria for a 

project facility. 

Determination. 

Recommendations. 

Deadlines. 

43 USC 510a. 


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(D) Development of a training program on operation 

and maintenance requirements and practices for a project 

facility for a transferred works operating entity’s workforce. 

(E) Development of a public outreach plan on the operation and risks associated with a project facility. 

(F) Development of any other plans or documentation 

which, in the judgment of the Secretary, will contribute 

to public safety and the sage operation of a project facility. 

(2) COSTS.—The Secretary is authorized to provide, on a 

non-reimbursable basis, up to 50 percent of the cost of such 

technical assistance, with the balance of such costs being 

advanced by the transferred works operating entity or other 

non-Federal source. The non-Federal 50 percent minimum cost 

share for such technical assistance may be in the form of 

in-lieu contributions of resources by the transferred works operating entity or other non-Federal source. 

SEC. 9603. EXTRAORDINARY OPERATION AND MAINTENANCE WORK 

PERFORMED BY THE SECRETARY. 

(a) IN GENERAL.—The Secretary or the transferred works operating entity may carry out, in accordance with subsection (b) and 

consistent with existing transfer contracts, any extraordinary operation and maintenance work on a project facility that the Secretary 

determines to be reasonably required to preserve the structural 

safety of the project facility. 

(b) REIMBURSEMENT OF COSTS ARISING FROM EXTRAORDINARY

OPERATION AND MAINTENANCE WORK.— 

(1) TREATMENT OF COSTS.—For reserved works, costs 

incurred by the Secretary in conducting extraordinary operation 

and maintenance work will be allocated to the authorized 

reimbursable purposes of the project and shall be repaid within 

50 years, with interest, from the year in which work undertaken 

pursuant to this subtitle is substantially complete. 

(2) AUTHORITY OF SECRETARY.—For transferred works, the 

Secretary is authorized to advance the costs incurred by the 

transferred works operating entity in conducting extraordinary 

operation and maintenance work and negotiate appropriate 

50-year repayment contracts with project beneficiaries providing for the return of reimbursable costs, with interest, under 

this subsection: Provided, however, That no contract entered 

into pursuant to this subtitle shall be deemed to be a new 

or amended contract for the purposes of section 203(a) of the 

Reclamation Reform Act of 1982 (43 U.S.C. 390cc(a)). 

(3) DETERMINATION OF INTEREST RATE.—The interest rate 

used for computing interest on work in progress and interest 

on the unpaid balance of the reimbursable costs of extraordinary operation and maintenance work authorized by this 

subtitle shall be determined by the Secretary of the Treasury, 

as of the beginning of the fiscal year in which extraordinary 

operation and maintenance work is commenced, on the basis 

of average market yields on outstanding marketable obligations 

of the United States with the remaining periods of maturity 

comparable to the applicable reimbursement period of the 

project, adjusted to the nearest 1⁄8 of 1 percent on the 

unamortized balance of any portion of the loan. 

(c) EMERGENCY EXTRAORDINARY OPERATION AND MAINTENANCE

WORK.— 

Contracts. 

43 USC 510b. 


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(1) IN GENERAL.—The Secretary or the transferred works 

operating entity shall carry out any emergency extraordinary 

operation and maintenance work on a project facility that the 

Secretary determines to be necessary to minimize the risk 

of imminent harm to public health or safety, or property. 

(2) REIMBURSEMENT.—The Secretary may advance funds 

for emergency extraordinary operation and maintenance work 

and shall seek reimbursement from the transferred works operating entity or benefitting entity upon receiving a written assurance from the governing body of such entity that it will negotiate a contract pursuant to section 9603 for repayment of 

costs incurred by the Secretary in undertaking such work. 

(3) FUNDING.—If the Secretary determines that a project 

facility inspected and maintained pursuant to the guidelines 

and criteria set forth in section 9602(a) requires extraordinary 

operation and maintenance pursuant to paragraph (1), the Secretary may provide Federal funds on a nonreimbursable basis 

sufficient to cover 35 percent of the cost of the extraordinary 

operation and maintenance allocable to the transferred works 

operating entity, which is needed to minimize the risk of 

imminent harm. The remaining share of the Federal funds 

advanced by the Secretary for such work shall be repaid under 

subsection (b). 

SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CENTURY WATER WORKS 

ACT. 

Nothing in this subtitle shall preclude a transferred works 

operating entity from applying and receiving a loan-guarantee 

pursuant to the Twenty-First Century Water Works Act (43 U.S.C. 

2401 et seq.). 

SEC. 9605. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this subtitle. 

TITLE X—WATER SETTLEMENTS 

Subtitle A—San Joaquin River Restoration 

Settlement 

PART I—SAN JOAQUIN RIVER RESTORATION 

SETTLEMENT ACT 

SEC. 10001. SHORT TITLE. 

This part may be cited as the ‘‘San Joaquin River Restoration 

Settlement Act’’. 

SEC. 10002. PURPOSE. 

The purpose of this part is to authorize implementation of 

the Settlement. 

SEC. 10003. DEFINITIONS. 

In this part: 

(1) The terms ‘‘Friant Division long-term contractors’’, 

‘‘Interim Flows’’, ‘‘Restoration Flows’’, ‘‘Recovered Water 

San Joaquin 

River Restoration 

Settlement Act. 

California. 

43 USC 510d. 

43 USC 510c. 


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Account’’, ‘‘Restoration Goal’’, and ‘‘Water Management Goal’’ 

have the meanings given the terms in the Settlement. 

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

Interior. 

(3) The term ‘‘Settlement’’ means the Stipulation of Settlement dated September 13, 2006, in the litigation entitled Natural Resources Defense Council, et al. v. Kirk Rodgers, et 

al., United States District Court, Eastern District of California, 

No. CIV. S–88–1658–LKK/GGH. 

SEC. 10004. IMPLEMENTATION OF SETTLEMENT. 

(a) IN GENERAL.—The Secretary of the Interior is hereby 

authorized and directed to implement the terms and conditions 

of the Settlement in cooperation with the State of California, 

including the following measures as these measures are prescribed 

in the Settlement: 

(1) Design and construct channel and structural improvements as described in paragraph 11 of the Settlement, provided, 

however, that the Secretary shall not make or fund any such 

improvements to facilities or property of the State of California 

without the approval of the State of California and the State’s 

agreement in 1 or more memoranda of understanding to participate where appropriate. 

(2) Modify Friant Dam operations so as to provide Restoration Flows and Interim Flows. 

(3) Acquire water, water rights, or options to acquire water 

as described in paragraph 13 of the Settlement, provided, however, such acquisitions shall only be made from willing sellers 

and not through eminent domain. 

(4) Implement the terms and conditions of paragraph 16 

of the Settlement related to recirculation, recapture, reuse, 

exchange, or transfer of water released for Restoration Flows 

or Interim Flows, for the purpose of accomplishing the Water 

Management Goal of the Settlement, subject to— 

(A) applicable provisions of California water law; 

(B) the Secretary’s use of Central Valley Project facilities to make Project water (other than water released from 

Friant Dam pursuant to the Settlement) and water 

acquired through transfers available to existing south-ofDelta Central Valley Project contractors; and 

(C) the Secretary’s performance of the Agreement of 

November 24, 1986, between the United States of America 

and the Department of Water Resources of the State of 

California for the coordinated operation of the Central 

Valley Project and the State Water Project as authorized 

by Congress in section 2(d) of the Act of August 26, 1937 

(50 Stat. 850, 100 Stat. 3051), including any agreement 

to resolve conflicts arising from said Agreement. 

(5) Develop and implement the Recovered Water Account 

as specified in paragraph 16(b) of the Settlement, including 

the pricing and payment crediting provisions described in paragraph 16(b)(3) of the Settlement, provided that all other provisions of Federal reclamation law shall remain applicable. 

(b) AGREEMENTS.— 

(1) AGREEMENTS WITH THE STATE.—In order to facilitate 

or expedite implementation of the Settlement, the Secretary 

Memorandum. 


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is authorized and directed to enter into appropriate agreements, 

including cost-sharing agreements, with the State of California. 

(2) OTHER AGREEMENTS.—The Secretary is authorized to 

enter into contracts, memoranda of understanding, financial 

assistance agreements, cost sharing agreements, and other 

appropriate agreements with State, tribal, and local governmental agencies, and with private parties, including agreements 

related to construction, improvement, and operation and 

maintenance of facilities, subject to any terms and conditions 

that the Secretary deems necessary to achieve the purposes 

of the Settlement. 

(c) ACCEPTANCE AND EXPENDITURE OF NON-FEDERAL FUNDS.— 

The Secretary is authorized to accept and expend non-Federal funds 

in order to facilitate implementation of the Settlement. 

(d) MITIGATION OF IMPACTS.—Prior to the implementation of 

decisions or agreements to construct, improve, operate, or maintain 

facilities that the Secretary determines are needed to implement 

the Settlement, the Secretary shall identify— 

(1) the impacts associated with such actions; and 

(2) the measures which shall be implemented to mitigate 

impacts on adjacent and downstream water users and landowners. 

(e) DESIGN AND ENGINEERING STUDIES.—The Secretary is 

authorized to conduct any design or engineering studies that are 

necessary to implement the Settlement. 

(f) EFFECT ON CONTRACT WATER ALLOCATIONS.—Except as 

otherwise provided in this section, the implementation of the Settlement and the reintroduction of California Central Valley Spring 

Run Chinook salmon pursuant to the Settlement and section 10011, 

shall not result in the involuntary reduction in contract water 

allocations to Central Valley Project long-term contractors, other 

than Friant Division long-term contractors. 

(g) EFFECT ON EXISTING WATER CONTRACTS.—Except as provided in the Settlement and this part, nothing in this part shall 

modify or amend the rights and obligations of the parties to any 

existing water service, repayment, purchase, or exchange contract. 

(h) INTERIM FLOWS.— 

(1) STUDY REQUIRED.—Prior to releasing any Interim Flows 

under the Settlement, the Secretary shall prepare an analysis 

in compliance with the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.), including at a minimum— 

(A) an analysis of channel conveyance capacities and 

potential for levee or groundwater seepage; 

(B) a description of the associated seepage monitoring 

program; 

(C) an evaluation of— 

(i) possible impacts associated with the release 

of Interim Flows; and 

(ii) mitigation measures for those impacts that 

are determined to be significant; 

(D) a description of the associated flow monitoring 

program; and 

(E) an analysis of the likely Federal costs, if any, 

of any fish screens, fish bypass facilities, fish salvage facilities, and related operations on the San Joaquin River south 

of the confluence with the Merced River required under 

Analysis. 


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the Endangered Species Act of 1973 (16 U.S.C. 1531 et 

seq.) as a result of the Interim Flows. 

(2) CONDITIONS FOR RELEASE.—The Secretary is authorized 

to release Interim Flows to the extent that such flows would 

not— 

(A) impede or delay completion of the measures specified in Paragraph 11(a) of the Settlement; or 

(B) exceed existing downstream channel capacities. 

(3) SEEPAGE IMPACTS.—The Secretary shall reduce Interim 

Flows to the extent necessary to address any material adverse 

impacts to third parties from groundwater seepage caused by 

such flows that the Secretary identifies based on the monitoring 

program of the Secretary. 

(4) TEMPORARY FISH BARRIER PROGRAM.—The Secretary, 

in consultation with the California Department of Fish and 

Game, shall evaluate the effectiveness of the Hills Ferry barrier 

in preventing the unintended upstream migration of anadromous fish in the San Joaquin River and any false migratory 

pathways. If that evaluation determines that any such migration past the barrier is caused by the introduction of the Interim 

Flows and that the presence of such fish will result in the 

imposition of additional regulatory actions against third parties, 

the Secretary is authorized to assist the Department of Fish 

and Game in making improvements to the barrier. From 

funding made available in accordance with section 10009, if 

third parties along the San Joaquin River south of its confluence 

with the Merced River are required to install fish screens 

or fish bypass facilities due to the release of Interim Flows 

in order to comply with the Endangered Species Act of 1973 

(16 U.S.C. 1531 et seq.), the Secretary shall bear the costs 

of the installation of such screens or facilities if such costs 

would be borne by the Federal Government under section 

10009(a)(3), except to the extent that such costs are already 

or are further willingly borne by the State of California or 

by the third parties. 

(i) FUNDING AVAILABILITY.— 

(1) IN GENERAL.—Funds shall be collected in the San Joaquin River Restoration Fund through October 1, 2019, and 

thereafter, with substantial amounts available through October 

1, 2019, pursuant to section 10009 for implementation of the 

Settlement and parts I and III, including— 

(A) $88,000,000, to be available without further appropriation pursuant to section 10009(c)(2); 

(B) additional amounts authorized to be appropriated, 

including the charges required under section 10007 and 

an estimated $20,000,000 from the CVP Restoration Fund 

pursuant to section 10009(b)(2); and 

(C) an aggregate commitment of at least $200,000,000 

by the State of California. 

(2) ADDITIONAL AMOUNTS.—Substantial additional amounts 

from the San Joaquin River Restoration Fund shall become 

available without further appropriation after October 1, 2019, 

pursuant to section 10009(c)(2). 

(3) EFFECT OF SUBSECTION.—Nothing in this subsection 

limits the availability of funds authorized for appropriation 

pursuant to section 10009(b) or 10203(c). 

Deadline. 

Evaluation. 


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(j) SAN JOAQUIN RIVER EXCHANGE CONTRACT.—Subject to section 10006(b), nothing in this part shall modify or amend the 

rights and obligations under the Purchase Contract between Miller 

and Lux and the United States and the Second Amended Exchange 

Contract between the United States, Department of the Interior, 

Bureau of Reclamation and Central California Irrigation District, 

San Luis Canal Company, Firebaugh Canal Water District and 

Columbia Canal Company. 

SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO 

FACILITIES. 

(a) TITLE TO FACILITIES.—Unless acquired pursuant to subsection (b), title to any facility or facilities, stream channel, levees, 

or other real property modified or improved in the course of implementing the Settlement authorized by this part, and title to any 

modifications or improvements of such facility or facilities, stream 

channel, levees, or other real property— 

(1) shall remain in the owner of the property; and 

(2) shall not be transferred to the United States on account 

of such modifications or improvements. 

(b) ACQUISITION OF PROPERTY.— 

(1) IN GENERAL.—The Secretary is authorized to acquire 

through purchase from willing sellers any property, interests 

in property, or options to acquire real property needed to implement the Settlement authorized by this part. 

(2) APPLICABLE LAW.—The Secretary is authorized, but not 

required, to exercise all of the authorities provided in section 

2 of the Act of August 26, 1937 (50 Stat. 844, chapter 832), 

to carry out the measures authorized in this section and section 

10004. 

(c) DISPOSAL OF PROPERTY.— 

(1) IN GENERAL.—Upon the Secretary’s determination that 

retention of title to property or interests in property acquired 

pursuant to this part is no longer needed to be held by the 

United States for the furtherance of the Settlement, the Secretary is authorized to dispose of such property or interest 

in property on such terms and conditions as the Secretary 

deems appropriate and in the best interest of the United States, 

including possible transfer of such property to the State of 

California. 

(2) RIGHT OF FIRST REFUSAL.—In the event the Secretary 

determines that property acquired pursuant to this part 

through the exercise of its eminent domain authority is no 

longer necessary for implementation of the Settlement, the 

Secretary shall provide a right of first refusal to the property 

owner from whom the property was initially acquired, or his 

or her successor in interest, on the same terms and conditions 

as the property is being offered to other parties. 

(3) DISPOSITION OF PROCEEDS.—Proceeds from the disposal 

by sale or transfer of any such property or interests in such 

property shall be deposited in the fund established by section 

10009(c). 

(d) GROUNDWATER BANK.—Nothing in this part authorizes the 

Secretary to operate a groundwater bank along or adjacent to 

the San Joaquin River upstream of the confluence with the Merced 

River, and any such groundwater bank shall be operated by a 

non-Federal entity. 

Determination. 


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SEC. 10006. COMPLIANCE WITH APPLICABLE LAW. 

(a) APPLICABLE LAW.— 

(1) IN GENERAL.—In undertaking the measures authorized 

by this part, the Secretary and the Secretary of Commerce 

shall comply with all applicable Federal and State laws, rules, 

and regulations, including the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species 

Act of 1973 (16 U.S.C. 1531 et seq.), as necessary. 

(2) ENVIRONMENTAL REVIEWS.—The Secretary and the Secretary of Commerce are authorized and directed to initiate 

and expeditiously complete applicable environmental reviews 

and consultations as may be necessary to effectuate the purposes of the Settlement. 

(b) EFFECT ON STATE LAW.—Nothing in this part shall preempt 

State law or modify any existing obligation of the United States 

under Federal reclamation law to operate the Central Valley Project 

in conformity with State law. 

(c) USE OF FUNDS FOR ENVIRONMENTAL REVIEWS.— 

(1) DEFINITION OF ENVIRONMENTAL REVIEW.—For purposes 

of this subsection, the term ‘‘environmental review’’ includes 

any consultation and planning necessary to comply with subsection (a). 

(2) PARTICIPATION IN ENVIRONMENTAL REVIEW PROCESS.— 

In undertaking the measures authorized by section 10004, and 

for which environmental review is required, the Secretary may 

provide funds made available under this part to affected Federal 

agencies, State agencies, local agencies, and Indian tribes if 

the Secretary determines that such funds are necessary to 

allow the Federal agencies, State agencies, local agencies, or 

Indian tribes to effectively participate in the environmental 

review process. 

(3) LIMITATION.—Funds may be provided under paragraph 

(2) only to support activities that directly contribute to the 

implementation of the terms and conditions of the Settlement. 

(d) NONREIMBURSABLE FUNDS.—The United States’ share of 

the costs of implementing this part shall be nonreimbursable under 

Federal reclamation law, provided that nothing in this subsection 

shall limit or be construed to limit the use of the funds assessed 

and collected pursuant to sections 3406(c)(1) and 3407(d)(2) of the 

Reclamation Projects Authorization and Adjustment Act of 1992 

(Public Law 102–575; 106 Stat. 4721, 4727), for implementation 

of the Settlement, nor shall it be construed to limit or modify 

existing or future Central Valley Project ratesetting policies. 

SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT. 

Congress hereby finds and declares that the Settlement satisfies 

and discharges all of the obligations of the Secretary contained 

in section 3406(c)(1) of the Reclamation Projects Authorization and 

Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4721), 

provided, however, that— 

(1) the Secretary shall continue to assess and collect the 

charges provided in section 3406(c)(1) of the Reclamation 

Projects Authorization and Adjustment Act of 1992 (Public 

Law 102–575; 106 Stat. 4721), as provided in the Settlement; 

and 

Assessment. 

Collections. 

Determination. 


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(2) those assessments and collections shall continue to be 

counted toward the requirements of the Secretary contained 

in section 3407(c)(2) of the Reclamation Projects Authorization 

and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 

4726). 

SEC. 10008. NO PRIVATE RIGHT OF ACTION. 

(a) IN GENERAL.—Nothing in this part confers upon any person 

or entity not a party to the Settlement a private right of action 

or claim for relief to interpret or enforce the provisions of this 

part or the Settlement. 

(b) APPLICABLE LAW.—This section shall not alter or curtail 

any right of action or claim for relief under any other applicable 

law. 

SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND. 

(a) IMPLEMENTATION COSTS.— (1) IN GENERAL.—The costs of implementing the Settlement 

shall be covered by payments or in-kind contributions made 

by Friant Division contractors and other non-Federal parties, 

including the funds provided in subparagraphs (A) through 

(D) of subsection (c)(1), estimated to total $440,000,000, of 

which the non-Federal payments are estimated to total 

$200,000,000 (at October 2006 price levels) and the amount 

from repaid Central Valley Project capital obligations is estimated to total $240,000,000, the additional Federal appropriation of $250,000,000 authorized pursuant to subsection (b)(1), 

and such additional funds authorized pursuant to subsection 

(b)(2); provided however, that the costs of implementing the 

provisions of section 10004(a)(1) shall be shared by the State 

of California pursuant to the terms of a memorandum of understanding executed by the State of California and the Parties 

to the Settlement on September 13, 2006, which includes at 

least $110,000,000 of State funds. 

(2) ADDITIONAL AGREEMENTS.— (A) IN GENERAL.—The Secretary shall enter into 1 or 

more agreements to fund or implement improvements on 

a project-by-project basis with the State of California. 

(B) REQUIREMENTS.—Any agreements entered into 

under subparagraph (A) shall provide for recognition of 

either monetary or in-kind contributions toward the State 

of California’s share of the cost of implementing the provisions of section 10004(a)(1). 

(3) LIMITATION.—Except as provided in the Settlement, to 

the extent that costs incurred solely to implement this Settlement would not otherwise have been incurred by any entity 

or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, 

or subdivision of the State of California, unless such costs 

are incurred on a voluntary basis. 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—In addition to the funding provided in 

subsection (c), there are also authorized to be appropriated 

not to exceed $250,000,000 (at October 2006 price levels) to 

implement this part and the Settlement, to be available until 

expended; provided however, that the Secretary is authorized 

to spend such additional appropriations only in amounts equal 

to the amount of funds deposited in the San Joaquin River 


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Restoration Fund (not including payments under subsection 

(c)(1)(B) and proceeds under subsection (c)(1)(C)), the amount 

of in-kind contributions, and other non-Federal payments actually committed to the implementation of this part or the Settlement. 

(2) USE OF THE CENTRAL VALLEY PROJECT RESTORATION

FUND.—The Secretary is authorized to use monies from the 

Central Valley Project Restoration Fund created under section 

3407 of the Reclamation Projects Authorization and Adjustment 

Act of 1992 (Public Law 102–575; 106 Stat. 4727) for purposes 

of this part in an amount not to exceed $2,000,000 (October 

2006 price levels) in any fiscal year. 

(c) FUND.— (1) IN GENERAL.—There is hereby established within the 

Treasury of the United States a fund, to be known as the 

San Joaquin River Restoration Fund, into which the following 

funds shall be deposited and used solely for the purpose of 

implementing the Settlement except as otherwise provided in 

subsections (a) and (b) of section 10203: 

(A) All payments received pursuant to section 

3406(c)(1) of the Reclamation Projects Authorization and 

Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 

4721). 

(B) The construction cost component (not otherwise 

needed to cover operation and maintenance costs) of payments made by Friant Division, Hidden Unit, and 

Buchanan Unit long-term contractors pursuant to longterm water service contracts or pursuant to repayment 

contracts, including repayment contracts executed pursuant 

to section 10010. The construction cost repayment obligation assigned such contractors under such contracts shall 

be reduced by the amount paid pursuant to this paragraph 

and the appropriate share of the existing Federal investment in the Central Valley Project to be recovered by 

the Secretary pursuant to Public Law 99–546 (100 Stat. 

3050) shall be reduced by an equivalent sum. 

(C) Proceeds from the sale of water pursuant to the 

Settlement, or from the sale of property or interests in 

property as provided in section 10005. 

(D) Any non-Federal funds, including State costsharing funds, contributed to the United States for 

implementation of the Settlement, which the Secretary may 

expend without further appropriation for the purposes for 

which contributed. 

(2) AVAILABILITY.—All funds deposited into the Fund pursuant to subparagraphs (A), (B), and (C) of paragraph (1) are 

authorized for appropriation to implement the Settlement and 

this part, in addition to the authorization provided in subsections (a) and (b) of section 10203, except that $88,000,000 

of such funds are available for expenditure without further 

appropriation; provided that after October 1, 2019, all funds 

in the Fund shall be available for expenditure without further 

appropriation. 

(d) LIMITATION ON CONTRIBUTIONS.—Payments made by longterm contractors who receive water from the Friant Division and 

Hidden and Buchanan Units of the Central Valley Project pursuant 

to sections 3406(c)(1) and 3407(d)(2) of the Reclamation Projects 

Effective date. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1357 

Authorization and Adjustment Act of 1992 (Public Law 102–575; 

106 Stat. 4721, 4727) and payments made pursuant to paragraph 

16(b)(3) of the Settlement and subsection (c)(1)(B) shall be the 

limitation of such entities’ direct financial contribution to the Settlement, subject to the terms and conditions of paragraph 21 of the 

Settlement. 

(e) NO ADDITIONAL EXPENDITURES REQUIRED.—Nothing in this 

part shall be construed to require a Federal official to expend 

Federal funds not appropriated by Congress, or to seek the appropriation of additional funds by Congress, for the implementation 

of the Settlement. 

(f) REACH 4B.— 

(1) STUDY.— (A) IN GENERAL.—In accordance with the Settlement 

and the memorandum of understanding executed pursuant 

to paragraph 6 of the Settlement, the Secretary shall conduct a study that specifies— 

(i) the costs of undertaking any work required 

under paragraph 11(a)(3) of the Settlement to increase 

the capacity of reach 4B prior to reinitiation of Restoration Flows; 

(ii) the impacts associated with reinitiation of such 

flows; and 

(iii) measures that shall be implemented to mitigate impacts. 

(B) DEADLINE.—The study under subparagraph (A) 

shall be completed prior to restoration of any flows other 

than Interim Flows. 

(2) REPORT.— 

(A) IN GENERAL.—The Secretary shall file a report 

with Congress not later than 90 days after issuing a determination, as required by the Settlement, on whether to 

expand channel conveyance capacity to 4500 cubic feet 

per second in reach 4B of the San Joaquin River, or use 

an alternative route for pulse flows, that— 

(i) explains whether the Secretary has decided to 

expand Reach 4B capacity to 4500 cubic feet per 

second; and 

(ii) addresses the following matters: 

(I) The basis for the Secretary’s determination, 

whether set out in environmental review documents or otherwise, as to whether the expansion 

of Reach 4B would be the preferable means to 

achieve the Restoration Goal as provided in the 

Settlement, including how different factors were 

assessed such as comparative biological and 

habitat benefits, comparative costs, relative availability of State cost-sharing funds, and the 

comparative benefits and impacts on water 

temperature, water supply, private property, and 

local and downstream flood control. 

(II) The Secretary’s final cost estimate for 

expanding Reach 4B capacity to 4500 cubic feet 

per second, or any alternative route selected, as 

well as the alternative cost estimates provided by 

the State, by the Restoration Administrator, and 

by the other parties to the Settlement. 


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123 STAT. 1358 PUBLIC LAW 111–11—MAR. 30, 2009 

(III) The Secretary’s plan for funding the costs 

of expanding Reach 4B or any alternative route 

selected, whether by existing Federal funds provided under this subtitle, by non-Federal funds, 

by future Federal appropriations, or some combination of such sources. 

(B) DETERMINATION REQUIRED.—The Secretary shall, 

to the extent feasible, make the determination in subparagraph (A) prior to undertaking any substantial construction 

work to increase capacity in reach 4B. 

(3) COSTS.—If the Secretary’s estimated Federal cost for 

expanding reach 4B in paragraph (2), in light of the Secretary’s 

funding plan set out in that paragraph, would exceed the 

remaining Federal funding authorized by this part (including 

all funds reallocated, all funds dedicated, and all new funds 

authorized by this part and separate from all commitments 

of State and other non-Federal funds and in-kind commitments), then before the Secretary commences actual construction work in reach 4B (other than planning, design, feasibility, 

or other preliminary measures) to expand capacity to 4500 

cubic feet per second to implement this Settlement, Congress 

must have increased the applicable authorization ceiling provided by this part in an amount at least sufficient to cover 

the higher estimated Federal costs. 

SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF CONSTRUCTION COSTS. 

(a) CONVERSION OF CONTRACTS.— 

(1) The Secretary is authorized and directed to convert, 

prior to December 31, 2010, all existing long-term contracts 

with the following Friant Division, Hidden Unit, and Buchanan 

Unit contractors, entered under subsection (e) of section 9 of 

the Act of August 4, 1939 (53 Stat. 1196), to contracts under 

subsection (d) of section 9 of said Act (53 Stat. 1195), under 

mutually agreeable terms and conditions: Arvin-Edison Water 

Storage District; Delano-Earlimart Irrigation District; Exeter 

Irrigation District; Fresno Irrigation District; Ivanhoe Irrigation 

District; Lindmore Irrigation District; Lindsay-Strathmore 

Irrigation District; Lower Tule River Irrigation District; Orange 

Cove Irrigation District; Porterville Irrigation District; Saucelito 

Irrigation District; Shafter-Wasco Irrigation District; Southern 

San Joaquin Municipal Utility District; Stone Corral Irrigation 

District; Tea Pot Dome Water District; Terra Bella Irrigation 

District; Tulare Irrigation District; Madera Irrigation District; 

and Chowchilla Water District. Upon request of the contractor, 

the Secretary is authorized to convert, prior to December 31, 

2010, other existing long-term contracts with Friant Division 

contractors entered under subsection (e) of section 9 of the 

Act of August 4, 1939 (53 Stat. 1196), to contracts under subsection (d) of section 9 of said Act (53 Stat. 1195), under 

mutually agreeable terms and conditions. 

(2) Upon request of the contractor, the Secretary is further 

authorized to convert, prior to December 31, 2010, any existing 

Friant Division long-term contract entered under subsection 

(c)(2) of section 9 of the Act of August 4, 1939 (53 Stat. 1194), 

to a contract under subsection (c)(1) of section 9 of said Act, 

under mutually agreeable terms and conditions. 

Deadlines. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1359 

(3) All such contracts entered into pursuant to paragraph 

(1) shall— 

(A) require the repayment, either in lump sum or by 

accelerated prepayment, of the remaining amount of 

construction costs identified in the Central Valley Project 

Schedule of Irrigation Capital Rates by Contractor 2007 

Irrigation Water Rates, dated January 25, 2007, as 

adjusted to reflect payments not reflected in such schedule, 

and properly assignable for ultimate return by the contractor, no later than January 31, 2011, or if made in 

approximately equal annual installments, no later than 

January 31, 2014; such amount to be discounted by 1⁄2

the Treasury Rate. An estimate of the remaining amount 

of construction costs as of January 31, 2011, as adjusted, 

shall be provided by the Secretary to each contractor no 

later than June 30, 2010; 

(B) require that, notwithstanding subsection (c)(2), 

construction costs or other capitalized costs incurred after 

the effective date of the contract or not reflected in the 

schedule referenced in subparagraph (A), and properly 

assignable to such contractor, shall be repaid in not more 

than 5 years after notification of the allocation if such 

amount is a result of a collective annual allocation of capital 

costs to the contractors exercising contract conversions 

under this subsection of less than $5,000,000. If such 

amount is $5,000,000 or greater, such cost shall be repaid 

as provided by applicable Reclamation law, provided that 

the reference to the amount of $5,000,000 shall not be 

a precedent in any other context; 

(C) provide that power revenues will not be available 

to aid in repayment of construction costs allocated to irrigation under the contract; and 

(D) conform to the Settlement and this part and shall 

continue so long as the contractor pays applicable charges, 

consistent with subsection (c)(2) and applicable law. 

(4) All such contracts entered into pursuant to paragraph 

(2) shall— 

(A) require the repayment in lump sum of the 

remaining amount of construction costs identified in the 

most current version of the Central Valley Project Schedule 

of Municipal and Industrial Water Rates, as adjusted to 

reflect payments not reflected in such schedule, and properly assignable for ultimate return by the contractor, no 

later than January 31, 2014. An estimate of the remaining 

amount of construction costs as of January 31, 2014, as 

adjusted, shall be provided by the Secretary to each contractor no later than June 30, 2013; 

(B) require that, notwithstanding subsection (c)(2), 

construction costs or other capitalized costs incurred after 

the effective date of the contract or not reflected in the 

schedule referenced in subparagraph (A), and properly 

assignable to such contractor, shall be repaid in not more 

than 5 years after notification of the allocation if such 

amount is a result of a collective annual allocation of capital 

costs to the contractors exercising contract conversions 

under this subsection of less than $5,000,000. If such 

amount is $5,000,000 or greater, such cost shall be repaid 

Cost estimate. 

Cost estimate. 


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123 STAT. 1360 PUBLIC LAW 111–11—MAR. 30, 2009 

as provided by applicable Reclamation law, provided that 

the reference to the amount of $5,000,000 shall not be 

a precedent in any other context; and 

(C) conform to the Settlement and this part and shall 

continue so long as the contractor pays applicable charges, 

consistent with subsection (c)(2) and applicable law. 

(b) FINAL ADJUSTMENT.—The amounts paid pursuant to subsection (a) shall be subject to adjustment following a final cost 

allocation by the Secretary upon completion of the construction 

of the Central Valley Project. In the event that the final cost 

allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor, 

the contractor shall be obligated to pay the remaining allocated 

costs. The term of such additional repayment contract shall be 

no less than 1 year and no more than 10 years, however, mutually 

agreeable provisions regarding the rate of repayment of such 

amount may be developed by the parties. In the event that the 

final cost allocation indicates that the costs properly assignable 

to the contractor are less than what the contractor has paid, the 

Secretary is authorized and directed to credit such overpayment 

as an offset against any outstanding or future obligation of the 

contractor. 

(c) APPLICABILITY OF CERTAIN PROVISIONS.— 

(1) Notwithstanding any repayment obligation under subsection (a)(3)(B) or subsection (b), upon a contractor’s compliance with and discharge of the obligation of repayment of 

the construction costs as provided in subsection (a)(3)(A), the 

provisions of section 213(a) and (b) of the Reclamation Reform 

Act of 1982 (96 Stat. 1269) shall apply to lands in such district. 

(2) Notwithstanding any repayment obligation under paragraph (3)(B) or (4)(B) of subsection (a), or subsection (b), upon 

a contractor’s compliance with and discharge of the obligation 

of repayment of the construction costs as provided in paragraphs (3)(A) and (4)(A) of subsection (a), the Secretary shall 

waive the pricing provisions of section 3405(d) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public 

Law 102–575) for such contractor, provided that such contractor 

shall continue to pay applicable operation and maintenance 

costs and other charges applicable to such repayment contracts 

pursuant to the then-current rate-setting policy and applicable 

law. 

(3) Provisions of the Settlement applying to Friant Division, 

Hidden Unit, and Buchanan Unit long-term water service contracts shall also apply to contracts executed pursuant to this 

section. 

(d) REDUCTION OF CHARGE FOR THOSE CONTRACTS CONVERTED

PURSUANT TO SUBSECTION (A)(1).— 

(1) At the time all payments by the contractor required 

by subsection (a)(3)(A) have been completed, the Secretary shall 

reduce the charge mandated in section 10007(1) of this part, 

from 2020 through 2039, to offset the financing costs as defined 

in section 10010(d)(3). The reduction shall be calculated at 

the time all payments by the contractor required by subsection 

(a)(3)(A) have been completed. The calculation shall remain 

fixed from 2020 through 2039 and shall be based upon anticipated average annual water deliveries, as mutually agreed 

upon by the Secretary and the contractor, for the period from 

Waiver. 

Payments. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1361 

2020 through 2039, and the amounts of such reductions shall 

be discounted using the Treasury Rate; provided, that such 

charge shall not be reduced to less than $4.00 per acre foot 

of project water delivered; provided further, that such reduction 

shall be implemented annually unless the Secretary determines, 

based on the availability of other monies, that the charges 

mandated in section 10007(1) are otherwise needed to cover 

ongoing federal costs of the Settlement, including any federal 

operation and maintenance costs of facilities that the Secretary 

determines are needed to implement the Settlement. If the 

Secretary determines that such charges are necessary to cover 

such ongoing federal costs, the Secretary shall, instead of 

making the reduction in such charges, reduce the contractor’s 

operation and maintenance obligation by an equivalent amount, 

and such amount shall not be recovered by the United States 

from any Central Valley Project contractor, provided nothing 

herein shall affect the obligation of the contractor to make 

payments pursuant to a transfer agreement with a non-federal 

operating entity. 

(2) If the calculated reduction in paragraph (1), taking 

into consideration the minimum amount required, does not 

result in the contractor offsetting its financing costs, the Secretary is authorized and directed to reduce, after October 1, 

2019, any outstanding or future obligations of the contractor 

to the Bureau of Reclamation, other than the charge assessed 

and collected under section 3407(d) of Public law 102–575, 

by the amount of such deficiency, with such amount indexed 

to 2020 using the Treasury Rate and such amount shall not 

be recovered by the United States from any Central Valley 

Project contractor, provided nothing herein shall affect the 

obligation of the contractor to make payments pursuant to 

a transfer agreement with a non-Federal operating entity. 

(3) Financing costs, for the purposes of this subsection, 

shall be computed as the difference of the net present value 

of the construction cost identified in subsection (a)(3)(A) using 

the full Treasury Rate as compared to using one half of the 

Treasury Rate and applying those rates against a calculated 

average annual capital repayment through 2030. 

(4) Effective in 2040, the charge shall revert to the amount 

called for in section 10007(1) of this part. 

(5) For purposes of this section, ‘‘Treasury Rate’’ shall 

be defined as the 20 year Constant Maturity Treasury (CMT) 

rate published by the United States Department of the Treasury 

as of October 1, 2010. 

(e) SATISFACTION OF CERTAIN PROVISIONS.— 

(1) IN GENERAL.—Upon the first release of Interim Flows 

or Restoration Flows, pursuant to paragraphs 13 or 15 of the 

Settlement, any short- or long-term agreement, to which 1 

or more long-term Friant Division, Hidden Unit, or Buchanan 

Unit contractor that converts its contract pursuant to subsection (a) is a party, providing for the transfer or exchange 

of water not released as Interim Flows or Restoration Flows 

shall be deemed to satisfy the provisions of subsection 

3405(a)(1)(A) and (I) of the Reclamation Projects Authorization 

and Adjustment Act of 1992 (Public Law 102–575) without 

the further concurrence of the Secretary as to compliance with 

said subsections if the contractor provides, not later than 90 

Deadlines. 

Notice. 

Effective date. 

Effective date. 

Effective date. 

Deadline. 

Determination. 


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123 STAT. 1362 PUBLIC LAW 111–11—MAR. 30, 2009 

days before commencement of any such transfer or exchange 

for a period in excess of 1 year, and not later than 30 days 

before commencement of any proposed transfer or exchange 

with duration of less than 1 year, written notice to the Secretary 

stating how the proposed transfer or exchange is intended 

to reduce, avoid, or mitigate impacts to water deliveries caused 

by the Interim Flows or Restoration Flows or is intended to 

otherwise facilitate the Water Management Goal, as described 

in the Settlement. The Secretary shall promptly make such 

notice publicly available. 

(2) DETERMINATION OF REDUCTIONS TO WATER DELIV- ERIES.—Water transferred or exchanged under an agreement 

that meets the terms of this subsection shall not be counted 

as a replacement or an offset for purposes of determining reductions to water deliveries to any Friant Division long-term contractor except as provided in paragraph 16(b) of the Settlement. 

The Secretary shall, at least annually, make publicly available 

a compilation of the number of transfer or exchange agreements 

exercising the provisions of this subsection to reduce, avoid, 

or mitigate impacts to water deliveries caused by the Interim 

Flows or Restoration Flows or to facilitate the Water Management Goal, as well as the volume of water transferred or 

exchanged under such agreements. 

(3) STATE LAW.—Nothing in this subsection alters State 

law or permit conditions, including any applicable geographical 

restrictions on the place of use of water transferred or 

exchanged pursuant to this subsection. 

(f) CERTAIN REPAYMENT OBLIGATIONS NOT ALTERED.— 

Implementation of the provisions of this section shall not alter 

the repayment obligation of any other long-term water service or 

repayment contractor receiving water from the Central Valley 

Project, or shift any costs that would otherwise have been properly 

assignable to the Friant contractors absent this section, including 

operations and maintenance costs, construction costs, or other 

capitalized costs incurred after the date of enactment of this Act, 

to other such contractors. 

(g) STATUTORY INTERPRETATION.—Nothing in this part shall 

be construed to affect the right of any Friant Division, Hidden 

Unit, or Buchanan Unit long-term contractor to use a particular 

type of financing to make the payments required in paragraph 

(3)(A) or (4)(A) of subsection (a). 

SEC. 10011. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK 

SALMON. 

(a) FINDING.—Congress finds that the implementation of the 

Settlement to resolve 18 years of contentious litigation regarding 

restoration of the San Joaquin River and the reintroduction of 

the California Central Valley Spring Run Chinook salmon is a 

unique and unprecedented circumstance that requires clear expressions of Congressional intent regarding how the provisions of the 

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are utilized 

to achieve the goals of restoration of the San Joaquin River and 

the successful reintroduction of California Central Valley Spring 

Run Chinook salmon. 

(b) REINTRODUCTION IN THE SAN JOAQUIN RIVER.—California 

Central Valley Spring Run Chinook salmon shall be reintroduced 

in the San Joaquin River below Friant Dam pursuant to section 

Deadline. 

Public 

information. 

Public 

information. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1363 

10(j) of the Endangered Species Act of 1973 (16 U.S.C. 1539(j)) 

and the Settlement, provided that the Secretary of Commerce finds 

that a permit for the reintroduction of California Central Valley 

Spring Run Chinook salmon may be issued pursuant to section 

10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 

1539(a)(1)(A)). 

(c) FINAL RULE.— (1) DEFINITION OF THIRD PARTY.—For the purpose of this 

subsection, the term ‘‘third party’’ means persons or entities 

diverting or receiving water pursuant to applicable State and 

Federal laws and shall include Central Valley Project contractors outside of the Friant Division of the Central Valley Project 

and the State Water Project. 

(2) ISSUANCE.—The Secretary of Commerce shall issue a 

final rule pursuant to section 4(d) of the Endangered Species 

Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take 

of reintroduced California Central Valley Spring Run Chinook 

salmon prior to the reintroduction. 

(3) REQUIRED COMPONENTS.—The rule issued under paragraph (2) shall provide that the reintroduction will not impose 

more than de minimus: water supply reductions, additional 

storage releases, or bypass flows on unwilling third parties 

due to such reintroduction. 

(4) APPLICABLE LAW.—Nothing in this section— 

(A) diminishes the statutory or regulatory protections 

provided in the Endangered Species Act of 1973 for any 

species listed pursuant to section 4 of the Endangered 

Species Act of 1973 (16 U.S.C. 1533) other than the reintroduced population of California Central Valley Spring Run 

Chinook salmon, including protections pursuant to existing 

biological opinions or new biological opinions issued by 

the Secretary or Secretary of Commerce; or 

(B) precludes the Secretary or Secretary of Commerce 

from imposing protections under the Endangered Species 

Act of 1973 (16 U.S.C. 1531 et seq.) for other species 

listed pursuant to section 4 of that Act (16 U.S.C. 1533) 

because those protections provide incidental benefits to 

such reintroduced California Central Valley Spring Run 

Chinook salmon. 

(d) REPORT.— 

(1) IN GENERAL.—Not later than December 31, 2024, the 

Secretary of Commerce shall report to Congress on the progress 

made on the reintroduction set forth in this section and the 

Secretary’s plans for future implementation of this section. 

(2) INCLUSIONS.—The report under paragraph (1) shall 

include— 

(A) an assessment of the major challenges, if any, 

to successful reintroduction; 

(B) an evaluation of the effect, if any, of the reintroduction on the existing population of California Central Valley 

Spring Run Chinook salmon existing on the Sacramento 

River or its tributaries; and 

(C) an assessment regarding the future of the reintroduction. 

(e) FERC PROJECTS.— (1) IN GENERAL.—With regard to California Central Valley 

Spring Run Chinook salmon reintroduced pursuant to the 


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123 STAT. 1364 PUBLIC LAW 111–11—MAR. 30, 2009 

Settlement, the Secretary of Commerce shall exercise its 

authority under section 18 of the Federal Power Act (16 U.S.C. 

811) by reserving its right to file prescriptions in proceedings 

for projects licensed by the Federal Energy Regulatory Commission on the Calaveras, Stanislaus, Tuolumne, Merced, and San 

Joaquin rivers and otherwise consistent with subsection (c) 

until after the expiration of the term of the Settlement, 

December 31, 2025, or the expiration of the designation made 

pursuant to subsection (b), whichever ends first. 

(2) EFFECT OF SUBSECTION.—Nothing in this subsection 

shall preclude the Secretary of Commerce from imposing 

prescriptions pursuant to section 18 of the Federal Power Act 

(16 U.S.C. 811) solely for other anadromous fish species because 

those prescriptions provide incidental benefits to such reintroduced California Central Valley Spring Run Chinook salmon. 

(f) EFFECT OF SECTION.—Nothing in this section is intended 

or shall be construed— 

(1) to modify the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.) or the Federal Power Act (16 U.S.C. 791a 

et seq.); or 

(2) to establish a precedent with respect to any other 

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

1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et 

seq.). 

PART II—STUDY TO DEVELOP WATER PLAN; 

REPORT 

SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT. 

(a) PLAN.— 

(1) GRANT.—To the extent that funds are made available 

in advance for this purpose, the Secretary of the Interior, 

acting through the Bureau of Reclamation, shall provide direct 

financial assistance to the California Water Institute, located 

at California State University, Fresno, California, to conduct 

a study regarding the coordination and integration of subregional integrated regional water management plans into a 

unified Integrated Regional Water Management Plan for the 

subject counties in the hydrologic basins that would address 

issues related to— 

(A) water quality; 

(B) water supply (both surface, ground water banking, 

and brackish water desalination); 

(C) water conveyance; 

(D) water reliability; 

(E) water conservation and efficient use (by distribution systems and by end users); 

(F) flood control; 

(G) water resource-related environmental enhancement; and 

(H) population growth. 

(2) STUDY AREA.—The study area referred to in paragraph 

(1) is the proposed study area of the San Joaquin River Hydrologic Region and Tulare Lake Hydrologic Region, as defined 

by California Department of Water Resources Bulletin 160– 

05, volume 3, chapters 7 and 8, including Kern, Tulare, Kings, 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1365 

Fresno, Madera, Merced, Stanislaus, and San Joaquin counties 

in California. 

(b) USE OF PLAN.—The Integrated Regional Water Management 

Plan developed for the 2 hydrologic basins under subsection (a) 

shall serve as a guide for the counties in the study area described 

in subsection (a)(2) to use as a mechanism to address and solve 

long-term water needs in a sustainable and equitable manner. 

(c) REPORT.—The Secretary shall ensure that a report containing the results of the Integrated Regional Water Management 

Plan for the hydrologic regions is submitted to the Committee 

on Energy and Natural Resources of the Senate and the Committee 

on Natural Resources of the House of Representatives not later 

than 24 months after financial assistance is made available to 

the California Water Institute under subsection (a)(1). 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $1,000,000 to remain 

available until expended. 

PART III—FRIANT DIVISION IMPROVEMENTS 

SEC. 10201. FEDERAL FACILITY IMPROVEMENTS. 

(a) The Secretary of the Interior (hereafter referred to as the 

‘‘Secretary’’) is authorized and directed to conduct feasibility studies 

in coordination with appropriate Federal, State, regional, and local 

authorities on the following improvements and facilities in the 

Friant Division, Central Valley Project, California: 

(1) Restoration of the capacity of the Friant-Kern Canal 

and Madera Canal to such capacity as previously designed 

and constructed by the Bureau of Reclamation. 

(2) Reverse flow pump-back facilities on the Friant-Kern 

Canal, with reverse-flow capacity of approximately 500 cubic 

feet per second at the Poso and Shafter Check Structures 

and approximately 300 cubic feet per second at the Woollomes 

Check Structure. 

(b) Upon completion of and consistent with the applicable feasibility studies, the Secretary is authorized to construct the improvements and facilities identified in subsection (a) in accordance with 

all applicable Federal and State laws. 

(c) The costs of implementing this section shall be in accordance 

with section 10203, and shall be a nonreimbursable Federal 

expenditure. 

SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS. 

(a) AUTHORIZATION.—The Secretary is authorized to provide 

financial assistance to local agencies within the Central Valley 

Project, California, for the planning, design, environmental compliance, and construction of local facilities to bank water underground 

or to recharge groundwater, and that recover such water, provided 

that the project meets the criteria in subsection (b). The Secretary 

is further authorized to require that any such local agency receiving 

financial assistance under the terms of this section submit progress 

reports and accountings to the Secretary, as the Secretary deems 

appropriate, which such reports shall be publicly available. 

(b) CRITERIA.— 

(1) A project shall be eligible for Federal financial assistance under subsection (a) only if all or a portion of the project 

is designed to reduce, avoid, or offset the quantity of the 

Reports. 

Public 

information. 

Studies. 


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123 STAT. 1366 PUBLIC LAW 111–11—MAR. 30, 2009 

expected water supply impacts to Friant Division long-term 

contractors caused by the Interim or Restoration Flows authorized in part I of this subtitle, and such quantities have not 

already been reduced, avoided, or offset by other programs 

or projects. 

(2) Federal financial assistance shall only apply to the 

portion of a project that the local agency designates as reducing, 

avoiding, or offsetting the expected water supply impacts caused 

by the Interim or Restoration Flows authorized in part I of 

this subtitle, consistent with the methodology developed pursuant to paragraph (3)(C). 

(3) No Federal financial assistance shall be provided by 

the Secretary under this part for construction of a project 

under subsection (a) unless the Secretary— 

(A) determines that appropriate planning, design, and 

environmental compliance activities associated with such 

a project have been completed, and that the Secretary 

has been offered the opportunity to participate in the 

project at a price that is no higher than the local agency’s 

own costs, in order to secure necessary storage, extraction, 

and conveyance rights for water that may be needed to 

meet the Restoration Goal as described in part I of this 

subtitle, where such project has capacity beyond that designated for the purposes in paragraph (2) or where it 

is feasible to expand such project to allow participation 

by the Secretary; 

(B) determines, based on information available at the 

time, that the local agency has the financial capability 

and willingness to fund its share of the project’s construction and all operation and maintenance costs on an annual 

basis; 

(C) determines that a method acceptable to the Secretary has been developed for quantifying the benefit, in 

terms of reduction, avoidance, or offset of the water supply 

impacts expected to be caused by the Interim or Restoration 

Flows authorized in part I of this subtitle, that will result 

from the project, and for ensuring appropriate adjustment 

in the recovered water account pursuant to section 

10004(a)(5); and 

(D) has entered into a cost-sharing agreement with 

the local agency which commits the local agency to funding 

its share of the project’s construction costs on an annual 

basis. 

(c) GUIDELINES.—Within 1 year from the date of enactment 

of this part, the Secretary shall develop, in consultation with the 

Friant Division long-term contractors, proposed guidelines for the 

application of the criteria defined in subsection (b), and will make 

the proposed guidelines available for public comment. Such guidelines may consider prioritizing the distribution of available funds 

to projects that provide the broadest benefit within the affected 

area and the equitable allocation of funds. Upon adoption of such 

guidelines, the Secretary shall implement such assistance program, 

subject to the availability of funds appropriated for such purpose. 

(d) COST SHARING.—The Federal financial assistance provided 

to local agencies under subsection (a) shall not exceed— 

Deadline. 

Public comment. 

Contracts. 

Determinations. 

Applicability. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1367 

(1) 50 percent of the costs associated with planning, design, 

and environmental compliance activities associated with such 

a project; and 

(2) 50 percent of the costs associated with construction 

of any such project. 

(e) PROJECT OWNERSHIP.— (1) Title to, control over, and operation of, projects funded 

under subsection (a) shall remain in one or more non-Federal 

local agencies. Nothing in this part authorizes the Secretary 

to operate a groundwater bank along or adjacent to the San 

Joaquin River upstream of the confluence with the Merced 

River, and any such groundwater bank shall be operated by 

a non-Federal entity. All projects funded pursuant to this subsection shall comply with all applicable Federal and State laws, 

including provisions of California water law. 

(2) All operation, maintenance, and replacement and 

rehabilitation costs of such projects shall be the responsibility 

of the local agency. The Secretary shall not provide funding 

for any operation, maintenance, or replacement and rehabilitation costs of projects funded under subsection (a). 

SEC. 10203. AUTHORIZATION OF APPROPRIATIONS. 

(a) The Secretary is authorized and directed to use monies 

from the fund established under section 10009 to carry out the 

provisions of section 10201(a)(1), in an amount not to exceed 

$35,000,000. 

(b) In addition to the funds made available pursuant to subsection (a), the Secretary is also authorized to expend such additional funds from the fund established under section 10009 to 

carry out the purposes of section 10201(a)(2), if such facilities have 

not already been authorized and funded under the plan provided 

for pursuant to section 10004(a)(4), in an amount not to exceed 

$17,000,000, provided that the Secretary first determines that such 

expenditure will not conflict with or delay his implementation of 

actions required by part I of this subtitle. Notice of the Secretary’s 

determination shall be published not later than his submission 

of the report to Congress required by section 10009(f)(2). 

(c) In addition to funds made available in subsections (a) and 

(b), there are authorized to be appropriated $50,000,000 (October 

2008 price levels) to carry out the purposes of this part which 

shall be non-reimbursable. 

Subtitle B—Northwestern New Mexico 

Rural Water Projects 

SEC. 10301. SHORT TITLE. 

This subtitle may be cited as the ‘‘Northwestern New Mexico 

Rural Water Projects Act’’. 

SEC. 10302. DEFINITIONS. 

In this subtitle: 

(1) AAMODT ADJUDICATION.—The term ‘‘Aamodt adjudication’’ means the general stream adjudication that is the subject 

of the civil action entitled ‘‘State of New Mexico, ex rel. State 

Engineer and United States of America, Pueblo de Nambe, 

Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de 

43 USC 407 note. 

Northwestern 

New Mexico 

Rural Water 

Projects Act. 

Native 

Americans. 

43 USC 371 note. 

Notice. 

Publication. 

Determination. 


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Tesuque v. R. Lee Aamodt, et al.’’, No. 66 CV 6639 MV/LCS 

(D.N.M.). 

(2) ABEYTA ADJUDICATION.—The term ‘‘Abeyta adjudication’’ 

means the general stream adjudication that is the subject of 

the civil actions entitled ‘‘State of New Mexico v. Abeyta and 

State of New Mexico v. Arrellano’’, Civil Nos. 7896–BB (D.N.M) 

and 7939–BB (D.N.M.) (consolidated). 

(3) ACRE-FEET.—The term ‘‘acre-feet’’ means acre-feet per 

year. 

(4) AGREEMENT.—The term ‘‘Agreement’’ means the agreement among the State of New Mexico, the Nation, and the 

United States setting forth a stipulated and binding agreement 

signed by the State of New Mexico and the Nation on April 

19, 2005. 

(5) ALLOTTEE.—The term ‘‘allottee’’ means a person that 

holds a beneficial real property interest in a Navajo allotment 

that— 

(A) is located within the Navajo Reservation or the 

State of New Mexico; 

(B) is held in trust by the United States; and 

(C) was originally granted to an individual member 

of the Nation by public land order or otherwise. 

(6) ANIMAS-LA PLATA PROJECT.—The term ‘‘Animas-La Plata 

Project’’ has the meaning given the term in section 3 of Public 

Law 100–585 (102 Stat. 2973), including Ridges Basin Dam, 

Lake Nighthorse, the Navajo Nation Municipal Pipeline, and 

any other features or modifications made pursuant to the Colorado Ute Settlement Act Amendments of 2000 (Public Law 

106–554; 114 Stat. 2763A–258). 

(7) CITY.—The term ‘‘City’’ means the city of Gallup, New 

Mexico, or a designee of the City, with authority to provide 

water to the Gallup, New Mexico service area. 

(8) COLORADO RIVER COMPACT.—The term ‘‘Colorado River 

Compact’’ means the Colorado River Compact of 1922 as 

approved by Congress in the Act of December 21, 1928 (45 

Stat. 1057) and by the Presidential Proclamation of June 25, 

1929 (46 Stat. 3000). 

(9) COLORADO RIVER SYSTEM.—The term ‘‘Colorado River 

System’’ has the same meaning given the term in Article II(a) 

of the Colorado River Compact. 

(10) COMPACT.—The term ‘‘Compact’’ means the Upper 

Colorado River Basin Compact as consented to by the Act 

of April 6, 1949 (63 Stat. 31, chapter 48). 

(11) CONTRACT.—The term ‘‘Contract’’ means the contract 

between the United States and the Nation setting forth certain 

commitments, rights, and obligations of the United States and 

the Nation, as described in paragraph 6.0 of the Agreement. 

(12) DEPLETION.—The term ‘‘depletion’’ means the depletion 

of the flow of the San Juan River stream system in the State 

of New Mexico by a particular use of water (including any 

depletion incident to the use) and represents the diversion 

from the stream system by the use, less return flows to the 

stream system from the use. 

(13) DRAFT IMPACT STATEMENT.—The term ‘‘Draft Impact 

Statement’’ means the draft environmental impact statement 

prepared by the Bureau of Reclamation for the Project dated 

March 2007. 


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(14) FUND.—The term ‘‘Fund’’ means the Reclamation 

Waters Settlements Fund established by section 10501(a). 

(15) HYDROLOGIC DETERMINATION.—The term ‘‘hydrologic 

determination’’ means the hydrologic determination entitled 

‘‘Water Availability from Navajo Reservoir and the Upper Colorado River Basin for Use in New Mexico,’’ prepared by the 

Bureau of Reclamation pursuant to section 11 of the Act of 

June 13, 1962 (Public Law 87–483; 76 Stat. 99), and dated 

May 23, 2007. 

(16) LOWER BASIN.—The term ‘‘Lower Basin’’ has the same 

meaning given the term in Article II(g) of the Colorado River 

Compact. 

(17) NATION.—The term ‘‘Nation’’ means the Navajo Nation, 

a body politic and federally-recognized Indian nation as provided for in section 101(2) of the Federally Recognized Indian 

Tribe List of 1994 (25 U.S.C. 497a(2)), also known variously 

as the ‘‘Navajo Tribe,’’ the ‘‘Navajo Tribe of Arizona, New 

Mexico & Utah,’’ and the ‘‘Navajo Tribe of Indians’’ and other 

similar names, and includes all bands of Navajo Indians and 

chapters of the Navajo Nation. 

(18) NAVAJO-GALLUP WATER SUPPLY PROJECT; PROJECT.— 

The term ‘‘Navajo-Gallup Water Supply Project’’ or ‘‘Project’’ 

means the Navajo-Gallup Water Supply Project authorized 

under section 10602(a), as described as the preferred alternative 

in the Draft Impact Statement. 

(19) NAVAJO INDIAN IRRIGATION PROJECT.—The term 

‘‘Navajo Indian Irrigation Project’’ means the Navajo Indian 

irrigation project authorized by section 2 of Public Law 87– 

483 (76 Stat. 96). 

(20) NAVAJO RESERVOIR.—The term ‘‘Navajo Reservoir’’ 

means the reservoir created by the impoundment of the San 

Juan River at Navajo Dam, as authorized by the Act of April 

11, 1956 (commonly known as the ‘‘Colorado River Storage 

Project Act’’) (43 U.S.C. 620 et seq.). 

(21) NAVAJO NATION MUNICIPAL PIPELINE; PIPELINE.—The 

term ‘‘Navajo Nation Municipal Pipeline’’ or ‘‘Pipeline’’ means 

the pipeline used to convey the water of the Animas-La Plata 

Project of the Navajo Nation from the City of Farmington, 

New Mexico, to communities of the Navajo Nation located in 

close proximity to the San Juan River Valley in the State 

of New Mexico (including the City of Shiprock), as authorized 

by section 15(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100–585; 102 Stat. 2973; 114 

Stat. 2763A–263). 

(22) NON-NAVAJO IRRIGATION DISTRICTS.—The term ‘‘NonNavajo Irrigation Districts’’ means— 

(A) the Hammond Conservancy District; 

(B) the Bloomfield Irrigation District; and 

(C) any other community ditch organization in the 

San Juan River basin in the State of New Mexico. 

(23) PARTIAL FINAL DECREE.—The term ‘‘Partial Final 

Decree’’ means a final and binding judgment and decree entered 

by a court in the stream adjudication, setting forth the rights 

of the Nation to use and administer waters of the San Juan 

River Basin in New Mexico, as set forth in Appendix 1 of 

the Agreement. 


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(24) PROJECT PARTICIPANTS.—The term ‘‘Project Participants’’ means the City, the Nation, and the Jicarilla Apache 

Nation. 

(25) SAN JUAN RIVER BASIN RECOVERY IMPLEMENTATION

PROGRAM.—The term ‘‘San Juan River Basin Recovery 

Implementation Program’’ means the intergovernmental program established pursuant to the cooperative agreement dated 

October 21, 1992 (including any amendments to the program). 

(26) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Commissioner of 

Reclamation or any other designee. 

(27) STREAM ADJUDICATION.—The term ‘‘stream adjudication’’ means the general stream adjudication that is the subject 

of New Mexico v. United States, et al., No. 75–185 (11th Jud. 

Dist., San Juan County, New Mexico) (involving claims to 

waters of the San Juan River and the tributaries of that river). 

(28) SUPPLEMENTAL PARTIAL FINAL DECREE.—The term 

‘‘Supplemental Partial Final Decree’’ means a final and binding 

judgment and decree entered by a court in the stream adjudication, setting forth certain water rights of the Nation, as set 

forth in Appendix 2 of the Agreement. 

(29) TRUST FUND.—The term ‘‘Trust Fund’’ means the 

Navajo Nation Water Resources Development Trust Fund 

established by section 10702(a). 

(30) UPPER BASIN.—The term ‘‘Upper Basin’’ has the same 

meaning given the term in Article II(f) of the Colorado River 

Compact. 

SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

(a) EFFECT OF EXECUTION OF AGREEMENT.—The execution of 

the Agreement under section 10701(a)(2) shall not constitute a 

major Federal action under the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.). 

(b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In carrying out 

this subtitle, the Secretary shall comply with each law of the 

Federal Government relating to the protection of the environment, 

including— 

(1) the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.); and 

(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 

et seq.). 

SEC. 10304. NO REALLOCATION OF COSTS. 

(a) EFFECT OF ACT.—Notwithstanding any other provision of 

law, the Secretary shall not reallocate or reassign any costs of 

projects that have been authorized under the Act of April 11, 

1956 (commonly known as the ‘‘Colorado River Storage Project 

Act’’) (43 U.S.C. 620 et seq.), as of the date of enactment of this 

Act because of— 

(1) the authorization of the Navajo-Gallup Water Supply 

Project under this subtitle; or 

(2) the changes in the uses of the water diverted by the 

Navajo Indian Irrigation Project or the waters stored in the 

Navajo Reservoir authorized under this subtitle. 

(b) USE OF POWER REVENUES.—Notwithstanding any other 

provision of law, no power revenues under the Act of April 11, 

1956 (commonly known as the ‘‘Colorado River Storage Project 

Act’’) (43 U.S.C. 620 et seq.), shall be used to pay or reimburse 

43 USC 407 note. 


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any costs of the Navajo Indian Irrigation Project or Navajo-Gallup 

Water Supply Project. 

SEC. 10305. INTEREST RATE. 

Notwithstanding any other provision of law, the interest rate 

applicable to any repayment contract entered into under section 

10604 shall be equal to the discount rate for Federal water resources 

planning, as determined by the Secretary. 

PART I—AMENDMENTS TO THE COLORADO 

RIVER STORAGE PROJECT ACT AND PUBLIC 

LAW 87–483 

SEC. 10401. AMENDMENTS TO THE COLORADO RIVER STORAGE 

PROJECT ACT. 

(a) PARTICIPATING PROJECTS.—Paragraph (2) of the first section 

of the Act of April 11, 1956 (commonly known as the ‘‘Colorado 

River Storage Project Act’’) (43 U.S.C. 620(2)) is amended by 

inserting ‘‘the Navajo-Gallup Water Supply Project,’’ after ‘‘Fruitland Mesa,’’. 

(b) NAVAJO RESERVOIR WATER BANK.—The Act of April 11, 

1956 (commonly known as the ‘‘Colorado River Storage Project 

Act’’) is amended— 

(1) by redesignating section 16 (43 U.S.C. 620o) as section 

17; and 

(2) by inserting after section 15 (43 U.S.C. 620n) the following: 

‘‘SEC. 16. (a) The Secretary of the Interior may create and 

operate within the available capacity of Navajo Reservoir a top 

water bank. 

‘‘(b) Water made available for the top water bank in accordance 

with subsections (c) and (d) shall not be subject to section 11 

of Public Law 87–483 (76 Stat. 99). 

‘‘(c) The top water bank authorized under subsection (a) shall 

be operated in a manner that— 

‘‘(1) is consistent with applicable law, except that, notwithstanding any other provision of law, water for purposes other 

than irrigation may be stored in the Navajo Reservoir pursuant 

to the rules governing the top water bank established under 

this section; and 

‘‘(2) does not impair the ability of the Secretary of the 

Interior to deliver water under contracts entered into under— 

‘‘(A) Public Law 87–483 (76 Stat. 96); and 

‘‘(B) New Mexico State Engineer File Nos. 2847, 2848, 

2849, and 2917. 

‘‘(d)(1) The Secretary of the Interior, in cooperation with the 

State of New Mexico (acting through the Interstate Stream Commission), shall develop any terms and procedures for the storage, 

accounting, and release of water in the top water bank that are 

necessary to comply with subsection (c). 

‘‘(2) The terms and procedures developed under paragraph (1) 

shall include provisions requiring that— 

‘‘(A) the storage of banked water shall be subject to 

approval under State law by the New Mexico State Engineer 

to ensure that impairment of any existing water right does 

Procedures. 

43 USC 620n–1. 


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not occur, including storage of water under New Mexico State 

Engineer File No. 2849; 

‘‘(B) water in the top water bank be subject to evaporation 

and other losses during storage; 

‘‘(C) water in the top water bank be released for delivery 

to the owner or assigns of the banked water on request of 

the owner, subject to reasonable scheduling requirements for 

making the release; 

‘‘(D) water in the top water bank be the first water spilled 

or released for flood control purposes in anticipation of a spill, 

on the condition that top water bank water shall not be released 

or included for purposes of calculating whether a release should 

occur for purposes of satisfying the flow recommendations of 

the San Juan River Basin Recovery Implementation Program; 

and 

‘‘(E) water eligible for banking in the top water bank shall 

be water that otherwise would have been diverted and beneficially used in New Mexico that year. 

‘‘(e) The Secretary of the Interior may charge fees to water 

users that use the top water bank in amounts sufficient to cover 

the costs incurred by the United States in administering the water 

bank.’’. 

SEC. 10402. AMENDMENTS TO PUBLIC LAW 87–483. 

(a) NAVAJO INDIAN IRRIGATION PROJECT.—Public Law 87–483 

(76 Stat. 96) is amended by striking section 2 and inserting the 

following: 

‘‘SEC. 2. (a) In accordance with the Act of April 11, 1956 

(commonly known as the ‘Colorado River Storage Project Act’) (43 

U.S.C. 620 et seq.), the Secretary of the Interior is authorized 

to construct, operate, and maintain the Navajo Indian Irrigation 

Project to provide irrigation water to a service area of not more 

than 110,630 acres of land. 

‘‘(b)(1) Subject to paragraph (2), the average annual diversion 

by the Navajo Indian Irrigation Project from the Navajo Reservoir 

over any consecutive 10-year period shall be the lesser of— 

‘‘(A) 508,000 acre-feet per year; or 

‘‘(B) the quantity of water necessary to supply an average 

depletion of 270,000 acre-feet per year. 

‘‘(2) The quantity of water diverted for any 1 year shall not 

exceed the average annual diversion determined under paragraph 

(1) by more than 15 percent. 

‘‘(c) In addition to being used for irrigation, the water diverted 

by the Navajo Indian Irrigation Project under subsection (b) may 

be used within the area served by Navajo Indian Irrigation Project 

facilities for the following purposes: 

‘‘(1) Aquaculture purposes, including the rearing of fish 

in support of the San Juan River Basin Recovery Implementation Program authorized by Public Law 106–392 (114 Stat. 

1602). 

‘‘(2) Domestic, industrial, or commercial purposes relating 

to agricultural production and processing. 

‘‘(3)(A) The generation of hydroelectric power as an incident 

to the diversion of water by the Navajo Indian Irrigation Project 

for authorized purposes. 

‘‘(B) Notwithstanding any other provision of law— 

43 USC 615jj. 


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‘‘(i) any hydroelectric power generated under this paragraph shall be used or marketed by the Navajo Nation; 

‘‘(ii) the Navajo Nation shall retain any revenues from 

the sale of the hydroelectric power; and 

‘‘(iii) the United States shall have no trust obligation 

to monitor, administer, or account for the revenues received 

by the Navajo Nation, or the expenditure of the revenues. 

‘‘(4) The implementation of the alternate water source 

provisions described in subparagraph 9.2 of the agreement 

executed under section 10701(a)(2) of the Northwestern New 

Mexico Rural Water Projects Act. 

‘‘(d) The Navajo Indian Irrigation Project water diverted under 

subsection (b) may be transferred to areas located within or outside 

the area served by Navajo Indian Irrigation Project facilities, and 

within or outside the boundaries of the Navajo Nation, for any 

beneficial use in accordance with— 

‘‘(1) the agreement executed under section 10701(a)(2) of 

the Northwestern New Mexico Rural Water Projects Act; 

‘‘(2) the contract executed under section 10604(a)(2)(B) of 

that Act; and 

‘‘(3) any other applicable law. 

‘‘(e) The Secretary may use the capacity of the Navajo Indian 

Irrigation Project works to convey water supplies for— 

‘‘(1) the Navajo-Gallup Water Supply Project under section 

10602 of the Northwestern New Mexico Rural Water Projects 

Act; or 

‘‘(2) other nonirrigation purposes authorized under subsection (c) or (d). 

‘‘(f)(1) Repayment of the costs of construction of the project 

(as authorized in subsection (a)) shall be in accordance with the 

Act of April 11, 1956 (commonly known as the ‘Colorado River 

Storage Project Act’) (43 U.S.C. 620 et seq.), including section 4(d) 

of that Act. 

‘‘(2) The Secretary shall not reallocate, or require repayment 

of, construction costs of the Navajo Indian Irrigation Project because 

of the conveyance of water supplies for nonirrigation purposes under 

subsection (e).’’. 

(b) RUNOFF ABOVE NAVAJO DAM.—Section 11 of Public Law 

87–483 (76 Stat. 100) is amended by adding at the end the following: 

‘‘(d)(1) For purposes of implementing in a year of prospective 

shortage the water allocation procedures established by subsection 

(a), the Secretary of the Interior shall determine the quantity of 

any shortages and the appropriate apportionment of water using 

the normal diversion requirements on the flow of the San Juan 

River originating above Navajo Dam based on the following criteria: 

‘‘(A) The quantity of diversion or water delivery for the 

current year anticipated to be necessary to irrigate land in 

accordance with cropping plans prepared by contractors. 

‘‘(B) The annual diversion or water delivery demands for 

the current year anticipated for non-irrigation uses under water 

delivery contracts, including contracts authorized by the Northwestern New Mexico Rural Water Projects Act, but excluding 

any current demand for surface water for placement into aquifer 

storage for future recovery and use. 

Determination. 

43 USC 615ss. 


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‘‘(C) An annual normal diversion demand of 135,000 acrefeet for the initial stage of the San Juan-Chama Project authorized by section 8, which shall be the amount to which any 

shortage is applied. 

‘‘(2) The Secretary shall not include in the normal diversion 

requirements— 

‘‘(A) the quantity of water that reliably can be anticipated 

to be diverted or delivered under a contract from inflows to 

the San Juan River arising below Navajo Dam under New 

Mexico State Engineer File No. 3215; or 

‘‘(B) the quantity of water anticipated to be supplied 

through reuse. 

‘‘(e)(1) If the Secretary determines that there is a shortage 

of water under subsection (a), the Secretary shall respond to the 

shortage in the Navajo Reservoir water supply by curtailing releases 

and deliveries in the following order: 

‘‘(A) The demand for delivery for uses in the State of 

Arizona under the Navajo-Gallup Water Supply Project authorized by section 10603 of the Northwestern New Mexico Rural 

Water Projects Act, excluding the quantity of water anticipated 

to be diverted for the uses from inflows to the San Juan 

River that arise below Navajo Dam in accordance with New 

Mexico State Engineer File No. 3215. 

‘‘(B) The demand for delivery for uses allocated under paragraph 8.2 of the agreement executed under section 10701(a)(2) 

of the Northwestern New Mexico Rural Water Projects Act, 

excluding the quantity of water anticipated to be diverted for 

such uses under State Engineer File No. 3215. 

‘‘(C) The uses in the State of New Mexico that are determined under subsection (d), in accordance with the procedure 

for apportioning the water supply under subsection (a). 

‘‘(2) For any year for which the Secretary determines and 

responds to a shortage in the Navajo Reservoir water supply, the 

Secretary shall not deliver, and contractors of the water supply 

shall not divert, any of the water supply for placement into aquifer 

storage for future recovery and use. 

‘‘(3) To determine the occurrence and amount of any shortage 

to contracts entered into under this section, the Secretary shall 

not include as available storage any water stored in a top water 

bank in Navajo Reservoir established under section 16(a) of the 

Act of April 11, 1956 (commonly known as the ‘Colorado River 

Storage Project Act’). 

‘‘(f) The Secretary of the Interior shall apportion water under 

subsections (a), (d), and (e) on an annual volume basis. 

‘‘(g) The Secretary of the Interior may revise a determination 

of shortages, apportionments, or allocations of water under subsections (a), (d), and (e) on the basis of information relating to 

water supply conditions that was not available at the time at 

which the determination was made. 

‘‘(h) Nothing in this section prohibits the distribution of water 

in accordance with cooperative water agreements between water 

users providing for a sharing of water supplies. 

‘‘(i) Diversions under New Mexico State Engineer File No. 3215 

shall be distributed, to the maximum extent water is available, 

in proportionate amounts to the diversion demands of contractors 

and subcontractors of the Navajo Reservoir water supply that are 

diverting water below Navajo Dam.’’. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1375 

SEC. 10403. EFFECT ON FEDERAL WATER LAW. 

Unless expressly provided in this subtitle, nothing in this subtitle modifies, conflicts with, preempts, or otherwise affects— 

(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.); 

(2) the Boulder Canyon Project Adjustment Act (54 Stat. 

774, chapter 643); 

(3) the Act of April 11, 1956 (commonly known as the 

‘‘Colorado River Storage Project Act’’) (43 U.S.C. 620 et seq.); 

(4) the Act of September 30, 1968 (commonly known as 

the ‘‘Colorado River Basin Project Act’’) (82 Stat. 885); 

(5) Public Law 87–483 (76 Stat. 96); 

(6) the Treaty between the United States of America and 

Mexico respecting utilization of waters of the Colorado and 

Tijuana Rivers and of the Rio Grande, signed at Washington 

February 3, 1944 (59 Stat. 1219); 

(7) the Colorado River Compact of 1922, as approved by 

the Presidential Proclamation of June 25, 1929 (46 Stat. 3000); 

(8) the Compact; 

(9) the Act of April 6, 1949 (63 Stat. 31, chapter 48); 

(10) the Jicarilla Apache Tribe Water Rights Settlement 

Act (106 Stat. 2237); or 

(11) section 205 of the Energy and Water Development 

Appropriations Act, 2005 (118 Stat. 2949). 

PART II—RECLAMATION WATER 

SETTLEMENTS FUND 

SEC. 10501. RECLAMATION WATER SETTLEMENTS FUND. 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States a fund, to be known as the ‘‘Reclamation Water 

Settlements Fund’’, consisting of— 

(1) such amounts as are deposited to the Fund under 

subsection (b); and 

(2) any interest earned on investment of amounts in the 

Fund under subsection (d). 

(b) DEPOSITS TO FUND.— 

(1) IN GENERAL.—For each of fiscal years 2020 through 

2029, the Secretary of the Treasury shall deposit in the Fund, 

if available, $120,000,000 of the revenues that would otherwise 

be deposited for the fiscal year in the fund established by 

the first section of the Act of June 17, 1902 (32 Stat. 388, 

chapter 1093). 

(2) AVAILABILITY OF AMOUNTS.—Amounts deposited in the 

Fund under paragraph (1) shall be made available pursuant 

to this section— 

(A) without further appropriation; and 

(B) in addition to amounts appropriated pursuant to 

any authorization contained in any other provision of law. 

(c) EXPENDITURES FROM FUND.— 

(1) IN GENERAL.— (A) EXPENDITURES.—Subject to subparagraph (B), for 

each of fiscal years 2020 through 2034, the Secretary may 

expend from the Fund an amount not to exceed 

$120,000,000, plus the interest accrued in the Fund, for 

the fiscal year in which expenditures are made pursuant 

to paragraphs (2) and (3). 

43 USC 407. 

43 USC 620 note. 


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(B) ADDITIONAL EXPENDITURES.—The Secretary may expend more than $120,000,000 for any fiscal year if such 

amounts are available in the Fund due to expenditures 

not reaching $120,000,000 for prior fiscal years. 

(2) AUTHORITY.—The Secretary may expend money from 

the Fund to implement a settlement agreement approved by 

Congress that resolves, in whole or in part, litigation involving 

the United States, if the settlement agreement or implementing 

legislation requires the Bureau of Reclamation to provide financial assistance for, or plan, design, and construct— 

(A) water supply infrastructure; or 

(B) a project— 

(i) to rehabilitate a water delivery system to conserve water; or 

(ii) to restore fish and wildlife habitat or otherwise 

improve environmental conditions associated with or 

affected by, or located within the same river basin 

as, a Federal reclamation project that is in existence 

on the date of enactment of this Act. 

(3) USE FOR COMPLETION OF PROJECT AND OTHER SETTLEMENTS.— 

(A) PRIORITIES.— 

(i) FIRST PRIORITY.— 

(I) IN GENERAL.—The first priority for expenditure of amounts in the Fund during the entire 

period in which the Fund is in existence shall 

be for the purposes described in, and in the order 

of, clauses (i) through (iv) of subparagraph (B). 

(II) RESERVED AMOUNTS.—The Secretary shall 

reserve and use amounts deposited into the Fund 

in accordance with subclause (I). 

(ii) OTHER PURPOSES.—Any amounts in the Fund 

that are not needed for the purposes described in 

subparagraph (B) may be used for other purposes 

authorized in paragraph (2). 

(B) COMPLETION OF PROJECT.— 

(i) NAVAJO-GALLUP WATER SUPPLY PROJECT.— 

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

effective beginning January 1, 2020, if, in the judgment of the Secretary on an annual basis the 

deadline described in section 10701(e)(1)(A)(ix) is 

unlikely to be met because a sufficient amount 

of funding is not otherwise available through 

appropriations made available pursuant to section 

10609(a), the Secretary shall expend from the 

Fund such amounts on an annual basis consistent 

with paragraphs (1) and (2), as are necessary to 

pay the Federal share of the costs, and substantially complete as expeditiously as practicable, the 

construction of the water supply infrastructure 

authorized as part of the Project. 

(II) MAXIMUM AMOUNT.— 

(aa) IN GENERAL.—Except as provided 

under item (bb), the amount expended under 

subclause (I) shall not exceed $500,000,000 

for the period of fiscal years 2020 through 

2029. 

Effective dates. 

Deadlines. 

Expenditures. 


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(bb) EXCEPTION.—The limitation on the 

expenditure amount under item (aa) may be 

exceeded during the entire period in which 

the Fund is in existence if such additional 

funds can be expended without limiting the 

amounts identified in clauses (ii) through (iv). 

(ii) OTHER NEW MEXICO SETTLEMENTS.— (I) IN GENERAL.—Subject to subclause (II), 

effective beginning January 1, 2020, in addition 

to the funding made available under clause (i), 

if in the judgment of the Secretary on an annual 

basis a sufficient amount of funding is not otherwise available through annual appropriations, the 

Secretary shall expend from the Fund such 

amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the 

Federal share of the remaining costs of implementing the Indian water rights settlement agreements entered into by the State of New Mexico 

in the Aamodt adjudication and the Abeyta adjudication, if such settlements are subsequently 

approved and authorized by an Act of Congress 

and the implementation period has not already 

expired. 

(II) MAXIMUM AMOUNT.—The amount 

expended under subclause (I) shall not exceed 

$250,000,000. 

(iii) MONTANA SETTLEMENTS.— 

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

effective beginning January 1, 2020, in addition 

to funding made available pursuant to clauses (i) 

and (ii), if in the judgment of the Secretary on 

an annual basis a sufficient amount of funding 

is not otherwise available through annual appropriations, the Secretary shall expend from the 

Fund such amounts on an annual basis consistent 

with paragraphs (1) and (2), as are necessary to 

pay the Federal share of the remaining costs of 

implementing Indian water rights settlement 

agreements entered into by the State of Montana 

with the Blackfeet Tribe, the Crow Tribe, or the 

Gros Ventre and Assiniboine Tribes of the Fort 

Belknap Indian Reservation in the judicial proceeding entitled ‘‘In re the General Adjudication 

of All the Rights to Use Surface and Groundwater 

in the State of Montana’’, if a settlement or settlements are subsequently approved and authorized 

by an Act of Congress and the implementation 

period has not already expired. 

(II) MAXIMUM AMOUNT.— 

(aa) IN GENERAL.—Except as provided 

under item (bb), the amount expended under 

subclause (I) shall not exceed $350,000,000 

for the period of fiscal years 2020 through 

2029. 

(bb) EXCEPTION.—The limitation on the 

expenditure amount under item (aa) may be 


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exceeded during the entire period in which 

the Fund is in existence if such additional 

funds can be expended without limiting the 

amounts identified in clause (i), (ii), and (iv). 

(cc) OTHER FUNDING.—The Secretary shall 

ensure that any funding under this clause 

shall be provided in a manner that does not 

limit the funding available pursuant to clauses 

(i) and (ii). 

(iv) ARIZONA SETTLEMENT.— 

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

effective beginning January 1, 2020, in addition 

to funding made available pursuant to clauses (i), 

(ii), and (iii), if in the judgment of the Secretary 

on an annual basis a sufficient amount of funding 

is not otherwise available through annual appropriations, the Secretary shall expend from the 

Fund such amounts on an annual basis consistent 

with paragraphs (1) and (2), as are necessary to 

pay the Federal share of the remaining costs of 

implementing an Indian water rights settlement 

agreement entered into by the State of Arizona 

with the Navajo Nation to resolve the water rights 

claims of the Nation in the Lower Colorado River 

basin in Arizona, if a settlement is subsequently 

approved and authorized by an Act of Congress 

and the implementation period has not already 

expired. 

(II) MAXIMUM AMOUNT.— 

(aa) IN GENERAL.—Except as provided 

under item (bb), the amount expended under 

subclause (I) shall not exceed $100,000,000 

for the period of fiscal years 2020 through 

2029. 

(bb) EXCEPTION.—The limitation on the 

expenditure amount under item (aa) may be 

exceeded during the entire period in which 

the Fund is in existence if such additional 

funds can be expended without limiting the 

amounts identified in clauses (i) through (iii). 

(cc) OTHER FUNDING.—The Secretary shall 

ensure that any funding under this clause 

shall be provided in a manner that does not 

limit the funding available pursuant to clauses 

(i) and (ii). 

(C) REVERSION.—If the settlements described in clauses 

(ii) through (iv) of subparagraph (B) have not been 

approved and authorized by an Act of Congress by 

December 31, 2019, the amounts reserved for the settlements shall no longer be reserved by the Secretary pursuant to subparagraph (A)(i) and shall revert to the Fund 

for any authorized use, as determined by the Secretary. 

(d) INVESTMENT OF AMOUNTS.— 

(1) IN GENERAL.—The Secretary shall invest such portion 

of the Fund as is not, in the judgment of the Secretary, required 

to meet current withdrawals. 

Deadline. 


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(2) CREDITS TO FUND.—The interest on, and the proceeds 

from the sale or redemption of, any obligations held in the 

Fund shall be credited to, and form a part of, the Fund. 

(e) TRANSFERS OF AMOUNTS.— (1) IN GENERAL.—The amounts required to be transferred 

to the Fund under this section shall be transferred at least 

monthly from the general fund of the Treasury to the Fund 

on the basis of estimates made by the Secretary of the Treasury. 

(2) ADJUSTMENTS.—Proper adjustment shall be made in 

amounts subsequently transferred to the extent prior estimates 

were in excess of or less than the amounts required to be 

transferred. 

(f) TERMINATION.—On September 30, 2034— 

(1) the Fund shall terminate; and 

(2) the unexpended and unobligated balance of the Fund 

shall be transferred to the appropriate fund of the Treasury. 

PART III—NAVAJO-GALLUP WATER SUPPLY 

PROJECT 

SEC. 10601. PURPOSES. 

The purposes of this part are— 

(1) to authorize the Secretary to construct, operate, and 

maintain the Navajo-Gallup Water Supply Project; 

(2) to allocate the capacity of the Project among the Nation, 

the City, and the Jicarilla Apache Nation; and 

(3) to authorize the Secretary to enter into Project repayment contracts with the City and the Jicarilla Apache Nation. 

SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY 

PROJECT. 

(a) IN GENERAL.—The Secretary, acting through the Commissioner of Reclamation, is authorized to design, construct, operate, 

and maintain the Project in substantial accordance with the preferred alternative in the Draft Impact Statement. 

(b) PROJECT FACILITIES.—To provide for the delivery of San 

Juan River water to Project Participants, the Secretary may construct, operate, and maintain the Project facilities described in 

the preferred alternative in the Draft Impact Statement, including: 

(1) A pumping plant on the San Juan River in the vicinity 

of Kirtland, New Mexico. 

(2)(A) A main pipeline from the San Juan River near 

Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup, 

New Mexico, which follows United States Highway 491. 

(B) Any pumping plants associated with the pipeline 

authorized under subparagraph (A). 

(3)(A) A main pipeline from Cutter Reservoir to Ojo Encino, 

New Mexico, which follows United States Highway 550. 

(B) Any pumping plants associated with the pipeline 

authorized under subparagraph (A). 

(4)(A) Lateral pipelines from the main pipelines to Nation 

communities in the States of New Mexico and Arizona. 

(B) Any pumping plants associated with the pipelines 

authorized under subparagraph (A). 

(5) Any water regulation, storage or treatment facility, 

service connection to an existing public water supply system, 


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power substation, power distribution works, or other appurtenant works (including a building or access road) that is 

related to the Project facilities authorized by paragraphs (1) 

through (4), including power transmission facilities and associated wheeling services to connect Project facilities to existing 

high-voltage transmission facilities and deliver power to the 

Project. 

(c) ACQUISITION OF LAND.— (1) IN GENERAL.—The Secretary is authorized to acquire 

any land or interest in land that is necessary to construct, 

operate, and maintain the Project facilities authorized under 

subsection (b). 

(2) LAND OF THE PROJECT PARTICIPANTS.—As a condition 

of construction of the facilities authorized under this part, 

the Project Participants shall provide all land or interest in 

land, as appropriate, that the Secretary identifies as necessary 

for acquisition under this subsection at no cost to the Secretary. 

(3) LIMITATION.—The Secretary may not condemn water 

rights for purposes of the Project. 

(d) CONDITIONS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary shall not commence construction of the facilities 

authorized under subsection (b) until such time as— 

(A) the Secretary executes the Agreement and the Contract; 

(B) the contracts authorized under section 10604 are 

executed; 

(C) the Secretary— 

(i) completes an environmental impact statement 

for the Project; and 

(ii) has issued a record of decision that provides 

for a preferred alternative; and 

(D) the Secretary has entered into an agreement with 

the State of New Mexico under which the State of New 

Mexico will provide a share of the construction costs of 

the Project of not less than $50,000,000, except that the 

State of New Mexico shall receive credit for funds the 

State has contributed to construct water conveyance facilities to the Project Participants to the extent that the facilities reduce the cost of the Project as estimated in the 

Draft Impact Statement. 

(2) EXCEPTION.—If the Jicarilla Apache Nation elects not 

to enter into a contract pursuant to section 10604, the Secretary, after consulting with the Nation, the City, and the 

State of New Mexico acting through the Interstate Stream 

Commission, may make appropriate modifications to the scope 

of the Project and proceed with Project construction if all other 

conditions for construction have been satisfied. 

(3) EFFECT OF INDIAN SELF-DETERMINATION AND EDUCATION

ASSISTANCE ACT.—The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall not apply 

to the design, construction, operation, maintenance, or replacement of the Project. 

(e) POWER.—The Secretary shall reserve, from existing reservations of Colorado River Storage Project power for Bureau of Reclamation projects, up to 26 megawatts of power for use by the 

Project. 

Contracts. 

Consultation. 

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(f) CONVEYANCE OF TITLE TO PROJECT FACILITIES.— 

(1) IN GENERAL.—The Secretary is authorized to enter into 

separate agreements with the City and the Nation and, on 

entering into the agreements, shall convey title to each Project 

facility or section of a Project facility authorized under subsection (b) (including any appropriate interests in land) to the 

City and the Nation after— 

(A) completion of construction of a Project facility or 

a section of a Project facility that is operating and delivering water; and 

(B) execution of a Project operations agreement 

approved by the Secretary and the Project Participants 

that sets forth— 

(i) any terms and conditions that the Secretary 

determines are necessary— 

(I) to ensure the continuation of the intended 

benefits of the Project; and 

(II) to fulfill the purposes of this part; 

(ii) requirements acceptable to the Secretary and 

the Project Participants for— 

(I) the distribution of water under the Project 

or section of a Project facility; and 

(II) the allocation and payment of annual operation, maintenance, and replacement costs of the 

Project or section of a Project facility based on 

the proportionate uses of Project facilities; and 

(iii) conditions and requirements acceptable to the 

Secretary and the Project Participants for operating 

and maintaining each Project facility on completion 

of the conveyance of title, including the requirement 

that the City and the Nation shall— 

(I) comply with— 

(aa) the Compact; and 

(bb) other applicable law; and 

(II) be responsible for— 

(aa) the operation, maintenance, and 

replacement of each Project facility; and 

(bb) the accounting and management of 

water conveyance and Project finances, as necessary to administer and fulfill the conditions 

of the Contract executed under section 

10604(a)(2)(B). 

(2) EFFECT OF CONVEYANCE.—The conveyance of title to 

each Project facility shall not affect the application of the 

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

to the use of the water associated with the Project. 

(3) LIABILITY.— 

(A) IN GENERAL.—Effective on the date of the conveyance authorized by this subsection, the United States shall 

not be held liable by any court for damages of any kind 

arising out of any act, omission, or occurrence relating 

to the land, buildings, or facilities conveyed under this 

subsection, other than damages caused by acts of negligence 

committed by the United States, or by employees or agents 

of the United States, prior to the date of conveyance. 

Compliance. 

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(B) TORT CLAIMS.—Nothing in this section increases 

the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the ‘‘Federal Tort Claims Act’’). 

(4) NOTICE OF PROPOSED CONVEYANCE.—Not later than 45 

days before the date of a proposed conveyance of title to any 

Project facility, the Secretary shall submit to the Committee 

on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate notice 

of the conveyance of each Project facility. 

(g) COLORADO RIVER STORAGE PROJECT POWER.—The conveyance of Project facilities under subsection (f) shall not affect the 

availability of Colorado River Storage Project power to the Project 

under subsection (e). 

(h) REGIONAL USE OF PROJECT FACILITIES.— (1) IN GENERAL.—Subject to paragraph (2), Project facilities 

constructed under subsection (b) may be used to treat and 

convey non-Project water or water that is not allocated by 

subsection 10603(b) if— 

(A) capacity is available without impairing any water 

delivery to a Project Participant; and 

(B) the unallocated or non-Project water beneficiary— 

(i) has the right to use the water; 

(ii) agrees to pay the operation, maintenance, and 

replacement costs assignable to the beneficiary for the 

use of the Project facilities; and 

(iii) agrees to pay an appropriate fee that may 

be established by the Secretary to assist in the recovery 

of any capital cost allocable to that use. 

(2) EFFECT OF PAYMENTS.—Any payments to the United 

States or the Nation for the use of unused capacity under 

this subsection or for water under any subcontract with the 

Nation or the Jicarilla Apache Nation shall not alter the 

construction repayment requirements or the operation, maintenance, and replacement payment requirements of the Project 

Participants. 

SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY 

PROJECT WATER. 

(a) USE OF PROJECT WATER.— 

(1) IN GENERAL.—In accordance with this subtitle and other 

applicable law, water supply from the Project shall be used 

for municipal, industrial, commercial, domestic, and stock 

watering purposes. 

(2) USE ON CERTAIN LAND.— 

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

Nation may use Project water allocations on— 

(i) land held by the United States in trust for 

the Nation and members of the Nation; and 

(ii) land held in fee by the Nation. 

(B) TRANSFER.—The Nation may transfer the purposes 

and places of use of the allocated water in accordance 

with the Agreement and applicable law. 

(3) HYDROELECTRIC POWER.— 

(A) IN GENERAL.—Hydroelectric power may be generated as an incident to the delivery of Project water for 

authorized purposes under paragraph (1). 

Payments. 

Deadline. 


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(B) ADMINISTRATION.—Notwithstanding any other 

provision of law— 

(i) any hydroelectric power generated under this 

paragraph shall be used or marketed by the Nation; 

(ii) the Nation shall retain any revenues from the 

sale of the hydroelectric power; and 

(iii) the United States shall have no trust obligation or other obligation to monitor, administer, or 

account for the revenues received by the Nation, or 

the expenditure of the revenues. 

(4) STORAGE.— (A) IN GENERAL.—Subject to subparagraph (B), any 

water contracted for delivery under paragraph (1) that 

is not needed for current water demands or uses may 

be delivered by the Project for placement in underground 

storage in the State of New Mexico for future recovery 

and use. 

(B) STATE APPROVAL.—Delivery of water under 

subparagraph (A) is subject to— 

(i) approval by the State of New Mexico under 

applicable provisions of State law relating to aquifer 

storage and recovery; and 

(ii) the provisions of the Agreement and this subtitle. 

(b) PROJECT WATER AND CAPACITY ALLOCATIONS.— 

(1) DIVERSION.—Subject to availability and consistent with 

Federal and State law, the Project may divert from the Navajo 

Reservoir and the San Juan River a quantity of water to 

be allocated and used consistent with the Agreement and this 

subtitle, that does not exceed in any 1 year, the lesser of— 

(A) 37,760 acre-feet of water; or 

(B) the quantity of water necessary to supply a depletion from the San Juan River of 35,890 acre-feet. 

(2) PROJECT DELIVERY CAPACITY ALLOCATIONS.— 

(A) IN GENERAL.—The capacity of the Project shall 

be allocated to the Project Participants in accordance with 

subparagraphs (B) through (E), other provisions of this 

subtitle, and other applicable law. 

(B) DELIVERY CAPACITY ALLOCATION TO THE CITY.— 

The Project may deliver at the point of diversion from 

the San Juan River not more than 7,500 acre-feet of water 

in any 1 year for which the City has secured rights for 

the use of the City. 

(C) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION

COMMUNITIES IN NEW MEXICO.—For use by the Nation in 

the State of New Mexico, the Project may deliver water 

out of the water rights held by the Secretary for the Nation 

and confirmed under this subtitle, at the points of diversion 

from the San Juan River or at Navajo Reservoir in any 

1 year, the lesser of— 

(i) 22,650 acre-feet of water; or 

(ii) the quantity of water necessary to supply a 

depletion from the San Juan River of 20,780 acrefeet of water. 

(D) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION

COMMUNITIES IN ARIZONA.—Subject to subsection (c), the 

Project may deliver at the point of diversion from the 


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San Juan River not more than 6,411 acre-feet of water 

in any 1 year for use by the Nation in the State of Arizona. 

(E) DELIVERY CAPACITY ALLOCATION TO JICARILLA

APACHE NATION.—The Project may deliver at Navajo Reservoir not more than 1,200 acre-feet of water in any 1 

year of the water rights of the Jicarilla Apache Nation, 

held by the Secretary and confirmed by the Jicarilla Apache 

Tribe Water Rights Settlement Act (Public Law 102–441; 

106 Stat. 2237), for use by the Jicarilla Apache Nation 

in the southern portion of the Jicarilla Apache Nation 

Reservation in the State of New Mexico. 

(3) USE IN EXCESS OF DELIVERY CAPACITY ALLOCATION

QUANTITY.—Notwithstanding each delivery capacity allocation 

quantity limit described in subparagraphs (B), (C), and (E) 

of paragraph (2), the Secretary may authorize a Project Participant to exceed the delivery capacity allocation quantity limit 

of that Project Participant if— 

(A) delivery capacity is available without impairing 

any water delivery to any other Project Participant; and 

(B) the Project Participant benefitting from the 

increased allocation of delivery capacity— 

(i) has the right under applicable law to use the 

additional water; 

(ii) agrees to pay the operation, maintenance, and 

replacement costs relating to the additional use of any 

Project facility; and 

(iii) agrees, if the Project title is held by the Secretary, to pay a fee established by the Secretary to 

assist in recovering capital costs relating to that additional use. 

(c) CONDITIONS FOR USE IN ARIZONA.— 

(1) REQUIREMENTS.—Project water shall not be delivered 

for use by any community of the Nation located in the State 

of Arizona under subsection (b)(2)(D) until— 

(A) the Nation and the State of Arizona have entered 

into a water rights settlement agreement approved by an 

Act of Congress that settles and waives the Nation’s claims 

to water in the Lower Basin and the Little Colorado River 

Basin in the State of Arizona, including those of the United 

States on the Nation’s behalf; and 

(B) the Secretary and the Navajo Nation have entered 

into a Navajo Reservoir water supply delivery contract 

for the physical delivery and diversion of water via the 

Project from the San Juan River system to supply uses 

in the State of Arizona. 

(2) ACCOUNTING OF USES IN ARIZONA.— 

(A) IN GENERAL.—Pursuant to paragraph (1) and notwithstanding any other provision of law, water may be 

diverted by the Project from the San Juan River in the 

State of New Mexico in accordance with an appropriate 

permit issued under New Mexico law for use in the State 

of Arizona within the Navajo Reservation in the Lower 

Basin; provided that any depletion of water that results 

from the diversion of water by the Project from the San 

Juan River in the State of New Mexico for uses within 

the State of Arizona (including depletion incidental to the 

diversion, impounding, or conveyance of water in the State 

Waiver. 

Contracts. 

Fees. 

Payments. 


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of New Mexico for uses in the State of Arizona) shall 

be administered and accounted for as either— 

(i) a part of, and charged against, the available 

consumptive use apportionment made to the State of 

Arizona by Article III(a) of the Compact and to the 

Upper Basin by Article III(a) of the Colorado River 

Compact, in which case any water so diverted by the 

Project into the Lower Basin for use within the State 

of Arizona shall not be credited as water reaching 

Lee Ferry pursuant to Article III(c) and III(d) of the 

Colorado River Compact; or 

(ii) subject to subparagraph (B), a part of, and 

charged against, the consumptive use apportionment 

made to the Lower Basin by Article III(a) of the Colorado River Compact, in which case it shall— 

(I) be a part of the Colorado River water that 

is apportioned to the State of Arizona in Article 

II(B) of the Consolidated Decree of the Supreme 

Court of the United States in Arizona v. California 

(547 U.S. 150) (as may be amended or supplemented); 

(II) be credited as water reaching Lee Ferry 

pursuant to Article III(c) and III(d) of the Colorado 

River Compact; and 

(III) be accounted as the water identified in 

section 104(a)(1)(B)(ii) of the Arizona Water Settlements Act, (118 Stat. 3478). 

(B) LIMITATION.—Notwithstanding subparagraph 

(A)(ii), no water diverted by the Project shall be accounted 

for pursuant to subparagraph (A)(ii) until such time that— 

(i) the Secretary has developed and, as necessary 

and appropriate, modified, in consultation with the 

Upper Colorado River Commission and the Governors’ 

Representatives on Colorado River Operations from 

each State signatory to the Colorado River Compact, 

all operational and decisional criteria, policies, contracts, guidelines or other documents that control the 

operations of the Colorado River System reservoirs and 

diversion works, so as to adjust, account for, and offset 

the diversion of water apportioned to the State of 

Arizona, pursuant to the Boulder Canyon Project Act 

(43 U.S.C. 617 et seq.), from a point of diversion on 

the San Juan River in New Mexico; provided that 

all such modifications shall be consistent with the 

provisions of this Section, and the modifications made 

pursuant to this clause shall be applicable only for 

the duration of any such diversions pursuant to section 

10603(c)(2)(A)(ii); and 

(ii) Article II(B) of the Decree of the Supreme 

Court of the United States in Arizona v. California 

(547 U.S. 150 as may be amended or supplemented) 

is administered so that diversions from the main 

stream for the Central Arizona Project, as served under 

existing contracts with the United States by diversion 

works heretofore constructed, shall be limited and 

reduced to offset any diversions made pursuant to section 10603(c)(2)(A)(ii) of this Act. This clause shall 

Applicability. 

Criteria. 

Policies. 

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not affect, in any manner, the amount of water apportioned to Arizona pursuant to the Boulder Canyon 

Project Act (43 U.S.C. 617 et seq.), or amend any 

provisions of said decree or the Colorado River Basin 

Project Act (43 U.S.C. 1501 et. seq.). 

(3) UPPER BASIN PROTECTIONS.— (A) CONSULTATIONS.—Henceforth, in any consultation 

pursuant to 16 U.S.C. 1536(a) with respect to water 

development in the San Juan River Basin, the Secretary 

shall confer with the States of Colorado and New Mexico, 

consistent with the provisions of section 5 of the ‘‘Principles 

for Conducting Endangered Species Act Section 7 Consultations on Water Development and Water Management 

Activities Affecting Endangered Fish Species in the San 

Juan River Basin’’ as adopted by the Coordination Committee, San Juan River Basin Recovery Implementation 

Program, on June 19, 2001, and as may be amended or 

modified. 

(B) PRESERVATION OF EXISTING RIGHTS.—Rights to the 

consumptive use of water available to the Upper Basin 

from the Colorado River System under the Colorado River 

Compact and the Compact shall not be reduced or prejudiced by any use of water pursuant to subsection 10603(c). 

Nothing in this Act shall be construed so as to impair, 

conflict with, or otherwise change the duties and powers 

of the Upper Colorado River Commission. 

(d) FORBEARANCE.— 

(1) IN GENERAL.—Subject to paragraphs (2) and (3), during 

any year in which a shortage to the normal diversion requirement for any use relating to the Project within the State 

of Arizona occurs (as determined under section 11 of Public 

Law 87–483 (76 Stat. 99)), the Nation may temporarily forbear 

the delivery of the water supply of the Navajo Reservoir for 

uses in the State of New Mexico under the apportionments 

of water to the Navajo Indian Irrigation Project and the normal 

diversion requirements of the Project to allow an equivalent 

quantity of water to be delivered from the Navajo Reservoir 

water supply for municipal and domestic uses of the Nation 

in the State of Arizona under the Project. 

(2) LIMITATION OF FORBEARANCE.—The Nation may forebear the delivery of water under paragraph (1) of a quantity 

not exceeding the quantity of the shortage to the normal diversion requirement for any use relating to the Project within 

the State of Arizona. 

(3) EFFECT.—The forbearance of the delivery of water under 

paragraph (1) shall be subject to the requirements in subsection 

(c). 

(e) EFFECT.—Nothing in this subtitle— 

(1) authorizes the marketing, leasing, or transfer of the 

water supplies made available to the Nation under the Contract 

to non-Navajo water users in States other than the State of 

New Mexico; or 

(2) authorizes the forbearance of water uses in the State 

of New Mexico to allow uses of water in other States other 

than as authorized under subsection (d). 

(f) COLORADO RIVER COMPACTS.—Notwithstanding any other 

provision of law— 


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(1) water may be diverted by the Project from the San 

Juan River in the State of New Mexico for use within New 

Mexico in the lower basin, as that term is used in the Colorado 

River Compact; 

(2) any water diverted under paragraph (1) shall be a 

part of, and charged against, the consumptive use apportionment made to the State of New Mexico by Article III(a) of 

the Compact and to the upper basin by Article III(a) of the 

Colorado River Compact; and 

(3) any water so diverted by the Project into the lower 

basin within the State of New Mexico shall not be credited 

as water reaching Lee Ferry pursuant to Articles III(c) and 

III(d) of the Colorado River Compact. 

(g) PAYMENT OF OPERATION, MAINTENANCE, AND REPLACEMENT

COSTS.— (1) IN GENERAL.—The Secretary is authorized to pay the 

operation, maintenance, and replacement costs of the Project 

allocable to the Project Participants under section 10604 until 

the date on which the Secretary declares any section of the 

Project to be substantially complete and delivery of water generated by, and through, that section of the Project can be 

made to a Project participant. 

(2) PROJECT PARTICIPANT PAYMENTS.—Beginning on the 

date described in paragraph (1), each Project Participant shall 

pay all allocated operation, maintenance, and replacement costs 

for that substantially completed section of the Project, in accordance with contracts entered into pursuant to section 10604, 

except as provided in section 10604(f). 

(h) NO PRECEDENT.—Nothing in this Act shall be construed 

as authorizing or establishing a precedent for any type of transfer 

of Colorado River System water between the Upper Basin and 

Lower Basin. Nor shall anything in this Act be construed as 

expanding the Secretary’s authority in the Upper Basin. 

(i) UNIQUE SITUATION.—Diversions by the Project consistent 

with this section address critical tribal and non-Indian water supply 

needs under unique circumstances, which include, among other 

things— 

(1) the intent to benefit an American Indian tribe; 

(2) the Navajo Nation’s location in both the Upper and 

Lower Basin; 

(3) the intent to address critical Indian water needs in 

the State of Arizona and Indian and non-Indian water needs 

in the State of New Mexico, 

(4) the location of the Navajo Nation’s capital city of 

Window Rock in the State of Arizona in close proximity to 

the border of the State of New Mexico and the pipeline route 

for the Project; 

(5) the lack of other reasonable options available for developing a firm, sustainable supply of municipal water for the 

Navajo Nation at Window Rock in the State of Arizona; and 

(6) the limited volume of water to be diverted by the 

Project to supply municipal uses in the Window Rock area 

in the State of Arizona. 

(j) CONSENSUS.—Congress notes the consensus of the Governors’ 

Representatives on Colorado River Operations of the States that 

are signatory to the Colorado River Compact regarding the diversions authorized for the Project under this section. 

Effective date. 


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(k) EFFICIENT USE.—The diversions and uses authorized for 

the Project under this Section represent unique and efficient uses 

of Colorado River apportionments in a manner that Congress has 

determined would be consistent with the obligations of the United 

States to the Navajo Nation. 

SEC. 10604. PROJECT CONTRACTS. 

(a) NAVAJO NATION CONTRACT.— (1) HYDROLOGIC DETERMINATION.—Congress recognizes 

that the Hydrologic Determination necessary to support 

approval of the Contract has been completed. 

(2) CONTRACT APPROVAL.— (A) APPROVAL.— (i) IN GENERAL.—Except to the extent that any 

provision of the Contract conflicts with this subtitle, 

Congress approves, ratifies, and confirms the Contract. 

(ii) AMENDMENTS.—To the extent any amendment 

is executed to make the Contract consistent with this 

subtitle, that amendment is authorized, ratified, and 

confirmed. 

(B) EXECUTION OF CONTRACT.—The Secretary, acting 

on behalf of the United States, shall enter into the Contract 

to the extent that the Contract does not conflict with this 

subtitle (including any amendment that is required to make 

the Contract consistent with this subtitle). 

(3) NONREIMBURSABILITY OF ALLOCATED COSTS.—The following costs shall be nonreimbursable and not subject to repayment by the Nation or any other Project beneficiary: 

(A) Any share of the construction costs of the Nation 

relating to the Project authorized by section 10602(a). 

(B) Any costs relating to the construction of the Navajo 

Indian Irrigation Project that may otherwise be allocable 

to the Nation for use of any facility of the Navajo Indian 

Irrigation Project to convey water to each Navajo community under the Project. 

(C) Any costs relating to the construction of Navajo 

Dam that may otherwise be allocable to the Nation for 

water deliveries under the Contract. 

(4) OPERATION, MAINTENANCE, AND REPLACEMENT OBLIGATION.—Subject to subsection (f), the Contract shall include 

provisions under which the Nation shall pay any costs relating 

to the operation, maintenance, and replacement of each facility 

of the Project that are allocable to the Nation. 

(5) LIMITATION, CANCELLATION, TERMINATION, AND RESCISSION.—The Contract may be limited by a term of years, canceled, terminated, or rescinded only by an Act of Congress. 

(b) CITY OF GALLUP CONTRACT.— 

(1) CONTRACT AUTHORIZATION.—Consistent with this subtitle, the Secretary is authorized to enter into a repayment 

contract with the City that requires the City— 

(A) to repay, within a 50-year period, the share of 

the construction costs of the City relating to the Project, 

with interest as provided under section 10305; and 

(B) consistent with section 10603(g), to pay the operation, maintenance, and replacement costs of the Project 

that are allocable to the City. 

(2) CONTRACT PREPAYMENT.— 


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(A) IN GENERAL.—The contract authorized under paragraph (1) may allow the City to satisfy the repayment 

obligation of the City for construction costs of the Project 

on the payment of the share of the City prior to the initiation of construction. 

(B) AMOUNT.—The amount of the share of the City 

described in subparagraph (A) shall be determined by 

agreement between the Secretary and the City. 

(C) REPAYMENT OBLIGATION.—Any repayment obligation established by the Secretary and the City pursuant 

to subparagraph (A) shall be subject to a final cost allocation by the Secretary on project completion and to the 

limitations set forth in paragraph (3). 

(3) SHARE OF CONSTRUCTION COSTS.— (A) IN GENERAL.—Subject to subparagraph (B), the Secretary shall determine the share of the construction costs 

of the Project allocable to the City and establish the 

percentage of the allocated construction costs that the City 

shall be required to repay pursuant to the contract entered 

into under paragraph (1), based on the ability of the City 

to pay. 

(B) MINIMUM PERCENTAGE.—Notwithstanding subparagraph (A), the repayment obligation of the City shall be 

at least 25 percent of the construction costs of the Project 

that are allocable to the City, but shall in no event exceed 

35 percent. 

(4) EXCESS CONSTRUCTION COSTS.—Any construction costs 

of the Project allocable to the City in excess of the repayment 

obligation of the City, as determined under paragraph (3), 

shall be nonreimbursable. 

(5) GRANT FUNDS.—A grant from any other Federal source 

shall not be credited toward the amount required to be repaid 

by the City under a repayment contract. 

(6) TITLE TRANSFER.—If title is transferred to the City 

prior to repayment under section 10602(f), the City shall be 

required to provide assurances satisfactory to the Secretary 

of fulfillment of the remaining repayment obligation of the 

City. 

(7) WATER DELIVERY SUBCONTRACT.—The Secretary shall 

not enter into a contract under paragraph (1) with the City 

until the City has secured a water supply for the City’s portion 

of the Project described in section 10603(b)(2)(B), by entering 

into, as approved by the Secretary, a water delivery subcontract 

for a period of not less than 40 years beginning on the date 

on which the construction of any facility of the Project serving 

the City is completed, with— 

(A) the Nation, as authorized by the Contract; 

(B) the Jicarilla Apache Nation, as authorized by the 

settlement contract between the United States and the 

Jicarilla Apache Tribe, authorized by the Jicarilla Apache 

Tribe Water Rights Settlement Act (Public Law 102–441; 

106 Stat. 2237); or 

(C) an acquired alternate source of water, subject to 

approval of the Secretary and the State of New Mexico, 

acting through the New Mexico Interstate Stream Commission and the New Mexico State Engineer. 

(c) JICARILLA APACHE NATION CONTRACT.— 

Effective date. 

Determination. 


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(1) CONTRACT AUTHORIZATION.—Consistent with this subtitle, the Secretary is authorized to enter into a repayment 

contract with the Jicarilla Apache Nation that requires the 

Jicarilla Apache Nation— 

(A) to repay, within a 50-year period, the share of 

any construction cost of the Jicarilla Apache Nation 

relating to the Project, with interest as provided under 

section 10305; and 

(B) consistent with section 10603(g), to pay the operation, maintenance, and replacement costs of the Project 

that are allocable to the Jicarilla Apache Nation. 

(2) CONTRACT PREPAYMENT.— (A) IN GENERAL.—The contract authorized under paragraph (1) may allow the Jicarilla Apache Nation to satisfy 

the repayment obligation of the Jicarilla Apache Nation 

for construction costs of the Project on the payment of 

the share of the Jicarilla Apache Nation prior to the initiation of construction. 

(B) AMOUNT.—The amount of the share of Jicarilla 

Apache Nation described in subparagraph (A) shall be 

determined by agreement between the Secretary and the 

Jicarilla Apache Nation. 

(C) REPAYMENT OBLIGATION.—Any repayment obligation established by the Secretary and the Jicarilla Apache 

Nation pursuant to subparagraph (A) shall be subject to 

a final cost allocation by the Secretary on project completion 

and to the limitations set forth in paragraph (3). 

(3) SHARE OF CONSTRUCTION COSTS.— 

(A) IN GENERAL.—Subject to subparagraph (B), the Secretary shall determine the share of the construction costs 

of the Project allocable to the Jicarilla Apache Nation and 

establish the percentage of the allocated construction costs 

of the Jicarilla Apache Nation that the Jicarilla Apache 

Nation shall be required to repay based on the ability 

of the Jicarilla Apache Nation to pay. 

(B) MINIMUM PERCENTAGE.—Notwithstanding subparagraph (A), the repayment obligation of the Jicarilla Apache 

Nation shall be at least 25 percent of the construction 

costs of the Project that are allocable to the Jicarilla Apache 

Nation, but shall in no event exceed 35 percent. 

(4) EXCESS CONSTRUCTION COSTS.—Any construction costs 

of the Project allocable to the Jicarilla Apache Nation in excess 

of the repayment obligation of the Jicarilla Apache Nation 

as determined under paragraph (3), shall be nonreimbursable. 

(5) GRANT FUNDS.—A grant from any other Federal source 

shall not be credited toward the share of the Jicarilla Apache 

Nation of construction costs. 

(6) NAVAJO INDIAN IRRIGATION PROJECT COSTS.—The 

Jicarilla Apache Nation shall have no obligation to repay any 

Navajo Indian Irrigation Project construction costs that might 

otherwise be allocable to the Jicarilla Apache Nation for use 

of the Navajo Indian Irrigation Project facilities to convey water 

to the Jicarilla Apache Nation, and any such costs shall be 

nonreimbursable. 

(d) CAPITAL COST ALLOCATIONS.— (1) IN GENERAL.—For purposes of estimating the capital 

repayment requirements of the Project Participants under this 

Determination. 


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section, the Secretary shall review and, as appropriate, update 

the Draft Impact Statement allocating capital construction costs 

for the Project. 

(2) FINAL COST ALLOCATION.—The repayment contracts 

entered into with Project Participants under this section shall 

require that the Secretary perform a final cost allocation when 

construction of the Project is determined to be substantially 

complete. 

(3) REPAYMENT OBLIGATION.—The Secretary shall determine the repayment obligation of the Project Participants based 

on the final cost allocation identifying reimbursable and nonreimbursable capital costs of the Project consistent with this 

subtitle. 

(e) OPERATION, MAINTENANCE, AND REPLACEMENT COST

ALLOCATIONS.—For purposes of determining the operation, maintenance, and replacement obligations of the Project Participants under 

this section, the Secretary shall review and, as appropriate, update 

the Draft Impact Statement that allocates operation, maintenance, 

and replacement costs for the Project. 

(f) TEMPORARY WAIVERS OF PAYMENTS.— 

(1) IN GENERAL.—On the date on which the Secretary 

declares a section of the Project to be substantially complete 

and delivery of water generated by and through that section 

of the Project can be made to the Nation, the Secretary may 

waive, for a period of not more than 10 years, the operation, 

maintenance, and replacement costs allocable to the Nation 

for that section of the Project that the Secretary determines 

are in excess of the ability of the Nation to pay. 

(2) SUBSEQUENT PAYMENT BY NATION.—After a waiver 

under paragraph (1), the Nation shall pay all allocated operation, maintenance, and replacement costs of that section of 

the Project. 

(3) PAYMENT BY UNITED STATES.—Any operation, maintenance, or replacement costs waived by the Secretary under 

paragraph (1) shall be paid by the United States and shall 

be nonreimbursable. 

(4) EFFECT ON CONTRACTS.—Failure of the Secretary to 

waive costs under paragraph (1) because of a lack of availability 

of Federal funding to pay the costs under paragraph (3) shall 

not alter the obligations of the Nation or the United States 

under a repayment contract. 

(5) TERMINATION OF AUTHORITY.—The authority of the Secretary to waive costs under paragraph (1) with respect to a 

Project facility transferred to the Nation under section 10602(f) 

shall terminate on the date on which the Project facility is 

transferred. 

(g) PROJECT CONSTRUCTION COMMITTEE.—The Secretary shall 

facilitate the formation of a project construction committee with 

the Project Participants and the State of New Mexico— 

(1) to review cost factors and budgets for construction and 

operation and maintenance activities; 

(2) to improve construction management through enhanced 

communication; and 

(3) to seek additional ways to reduce overall Project costs. 

Establishment. 

Review. 

Determination. 


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SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE. 

(a) USE OF NAVAJO NATION PIPELINE.—In addition to use of 

the Navajo Nation Municipal Pipeline to convey the Animas-La 

Plata Project water of the Nation, the Nation may use the Navajo 

Nation Municipal Pipeline to convey non-Animas La Plata Project 

water for municipal and industrial purposes. 

(b) CONVEYANCE OF TITLE TO PIPELINE.— 

(1) IN GENERAL.—On completion of the Navajo Nation 

Municipal Pipeline, the Secretary may enter into separate 

agreements with the City of Farmington, New Mexico and 

the Nation to convey title to each portion of the Navajo Nation 

Municipal Pipeline facility or section of the Pipeline to the 

City of Farmington and the Nation after execution of a Project 

operations agreement approved by the Secretary, the Nation, 

and the City of Farmington that sets forth any terms and 

conditions that the Secretary determines are necessary. 

(2) CONVEYANCE TO THE CITY OF FARMINGTON OR NAVAJO

NATION.—In conveying title to the Navajo Nation Municipal 

Pipeline under this subsection, the Secretary shall convey— 

(A) to the City of Farmington, the facilities and any 

land or interest in land acquired by the United States 

for the construction, operation, and maintenance of the 

Pipeline that are located within the corporate boundaries 

of the City; and 

(B) to the Nation, the facilities and any land or 

interests in land acquired by the United States for the 

construction, operation, and maintenance of the Pipeline 

that are located outside the corporate boundaries of the 

City of Farmington. 

(3) EFFECT OF CONVEYANCE.—The conveyance of title to 

the Pipeline shall not affect the application of the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the 

use of water associated with the Animas-La Plata Project. 

(4) LIABILITY.— 

(A) IN GENERAL.—Effective on the date of the conveyance authorized by this subsection, the United States shall 

not be held liable by any court for damages of any kind 

arising out of any act, omission, or occurrence relating 

to the land, buildings, or facilities conveyed under this 

subsection, other than damages caused by acts of negligence 

committed by the United States or by employees or agents 

of the United States prior to the date of conveyance. 

(B) TORT CLAIMS.—Nothing in this subsection increases 

the liability of the United States beyond the liability provided under chapter 171 of title 28, United States Code 

(commonly known as the ‘‘Federal Tort Claims Act’’). 

(5) NOTICE OF PROPOSED CONVEYANCE.—Not later than 45 

days before the date of a proposed conveyance of title to the 

Pipeline, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, notice 

of the conveyance of the Pipeline. 

SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS. 

(a) CONJUNCTIVE GROUNDWATER DEVELOPMENT PLAN.—Not 

later than 1 year after the date of enactment of this Act, the 

Deadline. 

Deadline. 

Effective date. 


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Nation, in consultation with the Secretary, shall complete a conjunctive groundwater development plan for the wells described in subsections (b) and (c). 

(b) WELLS IN THE SAN JUAN RIVER BASIN.—In accordance with 

the conjunctive groundwater development plan, the Secretary may 

construct or rehabilitate wells and related pipeline facilities to 

provide capacity for the diversion and distribution of not more 

than 1,670 acre-feet of groundwater in the San Juan River Basin 

in the State of New Mexico for municipal and domestic uses. 

(c) WELLS IN THE LITTLE COLORADO AND RIO GRANDE BASINS.— (1) IN GENERAL.—In accordance with the Project and 

conjunctive groundwater development plan for the Nation, the 

Secretary may construct or rehabilitate wells and related pipeline facilities to provide capacity for the diversion and distribution of— 

(A) not more than 680 acre-feet of groundwater in 

the Little Colorado River Basin in the State of New Mexico; 

(B) not more than 80 acre-feet of groundwater in the 

Rio Grande Basin in the State of New Mexico; and 

(C) not more than 770 acre-feet of groundwater in 

the Little Colorado River Basin in the State of Arizona. 

(2) USE.—Groundwater diverted and distributed under 

paragraph (1) shall be used for municipal and domestic uses. 

(d) ACQUISITION OF LAND.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary may acquire any land or interest in land that is 

necessary for the construction, operation, and maintenance of 

the wells and related pipeline facilities authorized under subsections (b) and (c). 

(2) LIMITATION.—Nothing in this subsection authorizes the 

Secretary to condemn water rights for the purposes described 

in paragraph (1). 

(e) CONDITION.—The Secretary shall not commence any 

construction activity relating to the wells described in subsections 

(b) and (c) until the Secretary executes the Agreement. 

(f) CONVEYANCE OF WELLS.— 

(1) IN GENERAL.—On the determination of the Secretary 

that the wells and related facilities are substantially complete 

and delivery of water generated by the wells can be made 

to the Nation, an agreement with the Nation shall be entered 

into, to convey to the Nation title to— 

(A) any well or related pipeline facility constructed 

or rehabilitated under subsections (a) and (b) after the 

wells and related facilities have been completed; and 

(B) any land or interest in land acquired by the United 

States for the construction, operation, and maintenance 

of the well or related pipeline facility. 

(2) OPERATION, MAINTENANCE, AND REPLACEMENT.— 

(A) IN GENERAL.—The Secretary is authorized to pay 

operation and maintenance costs for the wells and related 

pipeline facilities authorized under this subsection until 

title to the facilities is conveyed to the Nation. 

(B) SUBSEQUENT ASSUMPTION BY NATION.—On completion of a conveyance of title under paragraph (1), the Nation 

shall assume all responsibility for the operation and 

maintenance of the well or related pipeline facility conveyed. 

Payments. 

Determination. 

Contracts. 


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(3) EFFECT OF CONVEYANCE.—The conveyance of title to 

the Nation of the conjunctive use wells under paragraph (1) 

shall not affect the application of the Endangered Species Act 

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

(g) USE OF PROJECT FACILITIES.—The capacities of the treatment facilities, main pipelines, and lateral pipelines of the Project 

authorized by section 10602(b) may be used to treat and convey 

groundwater to Nation communities if the Nation provides for payment of the operation, maintenance, and replacement costs associated with the use of the facilities or pipelines. 

(h) LIMITATIONS.—The diversion and use of groundwater by 

wells constructed or rehabilitated under this section shall be made 

in a manner consistent with applicable Federal and State law. 

SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS. 

(a) REHABILITATION.—Subject to subsection (b), the Secretary 

shall rehabilitate— 

(1) the Fruitland-Cambridge Irrigation Project to serve not 

more than 3,335 acres of land, which shall be considered to 

be the total serviceable area of the project; and 

(2) the Hogback-Cudei Irrigation Project to serve not more 

than 8,830 acres of land, which shall be considered to be the 

total serviceable area of the project. 

(b) CONDITION.—The Secretary shall not commence any 

construction activity relating to the rehabilitation of the FruitlandCambridge Irrigation Project or the Hogback-Cudei Irrigation 

Project under subsection (a) until the Secretary executes the Agreement. 

(c) OPERATION, MAINTENANCE, AND REPLACEMENT OBLIGATION.—The Nation shall continue to be responsible for the operation, 

maintenance, and replacement of each facility rehabilitated under 

this section. 

SEC. 10608. OTHER IRRIGATION PROJECTS. 

(a) IN GENERAL.—Not later than 2 years after the date of 

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

of New Mexico (acting through the Interstate Stream Commission) 

and the Non-Navajo Irrigation Districts that elect to participate, 

shall— 

(1) conduct a study of Non-Navajo Irrigation District diversion and ditch facilities; and 

(2) based on the study, identify and prioritize a list of 

projects, with associated cost estimates, that are recommended 

to be implemented to repair, rehabilitate, or reconstruct irrigation diversion and ditch facilities to improve water use efficiency. 

(b) GRANTS.—The Secretary may provide grants to, and enter 

into cooperative agreements with, the Non-Navajo Irrigation Districts to plan, design, or otherwise implement the projects identified 

under subsection (a)(2). 

(c) COST-SHARING.— 

(1) FEDERAL SHARE.—The Federal share of the total cost 

of carrying out a project under subsection (b) shall be not 

more than 50 percent, and shall be nonreimbursable. 

(2) FORM.—The non-Federal share required under paragraph (1) may be in the form of in-kind contributions, including 

Study. 

Deadline. 


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the contribution of any valuable asset or service that the Secretary determines would substantially contribute to a project 

carried out under subsection (b). 

(3) STATE CONTRIBUTION.—The Secretary may accept from 

the State of New Mexico a partial or total contribution toward 

the non-Federal share for a project carried out under subsection 

(b). 

SEC. 10609. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS FOR NAVAJO-GALLUP

WATER SUPPLY PROJECT.— (1) IN GENERAL.—There is authorized to be appropriated 

to the Secretary to plan, design, and construct the Project 

$870,000,000 for the period of fiscal years 2009 through 2024, 

to remain available until expended. 

(2) ADJUSTMENTS.—The amount under paragraph (1) shall 

be adjusted by such amounts as may be required by reason 

of changes since 2007 in construction costs, as indicated by 

engineering cost indices applicable to the types of construction 

involved. 

(3) USE.—In addition to the uses authorized under paragraph (1), amounts made available under that paragraph may 

be used for the conduct of related activities to comply with 

Federal environmental laws. 

(4) OPERATION AND MAINTENANCE.— 

(A) IN GENERAL.—There are authorized to be appropriated such sums as are necessary to operate and maintain 

the Project consistent with this subtitle. 

(B) EXPIRATION.—The authorization under subparagraph (A) shall expire 10 years after the year the Secretary 

declares the Project to be substantially complete. 

(b) APPROPRIATIONS FOR CONJUNCTIVE USE WELLS.— 

(1) SAN JUAN WELLS.—There is authorized to be appropriated to the Secretary for the construction or rehabilitation 

and operation and maintenance of conjunctive use wells under 

section 10606(b) $30,000,000, as adjusted under paragraph (3), 

for the period of fiscal years 2009 through 2019. 

(2) WELLS IN THE LITTLE COLORADO AND RIO GRANDE

BASINS.—There are authorized to be appropriated to the Secretary for the construction or rehabilitation and operation and 

maintenance of conjunctive use wells under section 10606(c) 

such sums as are necessary for the period of fiscal years 2009 

through 2024. 

(3) ADJUSTMENTS.—The amount under paragraph (1) shall 

be adjusted by such amounts as may be required by reason 

of changes since 2008 in construction costs, as indicated by 

engineering cost indices applicable to the types of construction 

or rehabilitation involved. 

(4) NONREIMBURSABLE EXPENDITURES.—Amounts made 

available under paragraphs (1) and (2) shall be nonreimbursable to the United States. 

(5) USE.—In addition to the uses authorized under paragraphs (1) and (2), amounts made available under that paragraph may be used for the conduct of related activities to 

comply with Federal environmental laws. 

(6) LIMITATION.—Appropriations authorized under paragraph (1) shall not be used for operation or maintenance of 


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any conjunctive use wells at a time in excess of 3 years after 

the well is declared substantially complete. 

(c) SAN JUAN RIVER IRRIGATION PROJECTS.— (1) IN GENERAL.—There are authorized to be appropriated 

to the Secretary— 

(A) to carry out section 10607(a)(1), not more than $7,700,000, as adjusted under paragraph (2), for the period 

of fiscal years 2009 through 2016, to remain available 

until expended; and 

(B) to carry out section 10607(a)(2), not more than $15,400,000, as adjusted under paragraph (2), for the period 

of fiscal years 2009 through 2019, to remain available 

until expended. 

(2) ADJUSTMENT.—The amounts made available under 

paragraph (1) shall be adjusted by such amounts as may be 

required by reason of changes since January 1, 2004, in 

construction costs, as indicated by engineering cost indices 

applicable to the types of construction involved in the rehabilitation. 

(3) NONREIMBURSABLE EXPENDITURES.—Amounts made 

available under this subsection shall be nonreimbursable to 

the United States. 

(d) OTHER IRRIGATION PROJECTS.—There are authorized to be 

appropriated to the Secretary to carry out section 10608 $11,000,000 

for the period of fiscal years 2009 through 2019. 

(e) CULTURAL RESOURCES.— 

(1) IN GENERAL.—The Secretary may use not more than 

2 percent of amounts made available under subsections (a), 

(b), and (c) for the survey, recovery, protection, preservation, 

and display of archaeological resources in the area of a Project 

facility or conjunctive use well. 

(2) NONREIMBURSABLE EXPENDITURES.—Any amounts made 

available under paragraph (1) shall be nonreimbursable. 

(f) FISH AND WILDLIFE FACILITIES.— 

(1) IN GENERAL.—In association with the development of 

the Project, the Secretary may use not more than 4 percent 

of amounts made available under subsections (a), (b), and (c) 

to purchase land and construct and maintain facilities to mitigate the loss of, and improve conditions for the propagation 

of, fish and wildlife if any such purchase, construction, or 

maintenance will not affect the operation of any water project 

or use of water. 

(2) NONREIMBURSABLE EXPENDITURES.—Any amounts 

expended under paragraph (1) shall be nonreimbursable. 

PART IV—NAVAJO NATION WATER RIGHTS 

SEC. 10701. AGREEMENT. 

(a) AGREEMENT APPROVAL.— 

(1) APPROVAL BY CONGRESS.—Except to the extent that 

any provision of the Agreement conflicts with this subtitle, 

Congress approves, ratifies, and confirms the Agreement 

(including any amendments to the Agreement that are executed 

to make the Agreement consistent with this subtitle). 

(2) EXECUTION BY SECRETARY.—The Secretary shall enter 

into the Agreement to the extent that the Agreement does 

not conflict with this subtitle, including— 

43 USC 620 note. 


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(A) any exhibits to the Agreement requiring the signature of the Secretary; and 

(B) any amendments to the Agreement necessary to 

make the Agreement consistent with this subtitle. 

(3) AUTHORITY OF SECRETARY.—The Secretary may carry 

out any action that the Secretary determines is necessary or 

appropriate to implement the Agreement, the Contract, and 

this section. 

(4) ADMINISTRATION OF NAVAJO RESERVOIR RELEASES.—The 

State of New Mexico may administer water that has been 

released from storage in Navajo Reservoir in accordance with 

subparagraph 9.1 of the Agreement. 

(b) WATER AVAILABLE UNDER CONTRACT.— 

(1) QUANTITIES OF WATER AVAILABLE.— 

(A) IN GENERAL.—Water shall be made available 

annually under the Contract for projects in the State of 

New Mexico supplied from the Navajo Reservoir and the 

San Juan River (including tributaries of the River) under 

New Mexico State Engineer File Numbers 2849, 2883, and 

3215 in the quantities described in subparagraph (B). 

(B) WATER QUANTITIES.—The quantities of water 

referred to in subparagraph (A) are as follows: 

Diversion 

(acrefeet/ 

year) 

Depletion 

(acrefeet/ 

year) 

Navajo Indian Irrigation Project 508,000 270,000 

Navajo-Gallup Water Supply Project 22,650 20,780 

Animas-La Plata Project 4,680 2,340 

Total 535,330 293,120 

(C) MAXIMUM QUANTITY.—A diversion of water to the 

Nation under the Contract for a project described in 

subparagraph (B) shall not exceed the quantity of water 

necessary to supply the amount of depletion for the project. 

(D) TERMS, CONDITIONS, AND LIMITATIONS.—The diversion and use of water under the Contract shall be subject 

to and consistent with the terms, conditions, and limitations of the Agreement, this subtitle, and any other 

applicable law. 

(2) AMENDMENTS TO CONTRACT.—The Secretary, with the 

consent of the Nation, may amend the Contract if the Secretary 

determines that the amendment is— 

(A) consistent with the Agreement; and 

(B) in the interest of conserving water or facilitating 

beneficial use by the Nation or a subcontractor of the 

Nation. 

(3) RIGHTS OF THE NATION.—The Nation may, under the 

Contract— 


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(A) use tail water, wastewater, and return flows attributable to a use of the water by the Nation or a subcontractor of the Nation if— 

(i) the depletion of water does not exceed the quantities described in paragraph (1); and 

(ii) the use of tail water, wastewater, or return 

flows is consistent with the terms, conditions, and 

limitations of the Agreement, and any other applicable 

law; and 

(B) change a point of diversion, change a purpose or 

place of use, and transfer a right for depletion under this 

subtitle (except for a point of diversion, purpose or place 

of use, or right for depletion for use in the State of Arizona 

under section 10603(b)(2)(D)), to another use, purpose, 

place, or depletion in the State of New Mexico to meet 

a water resource or economic need of the Nation if— 

(i) the change or transfer is subject to and consistent with the terms of the Agreement, the Partial 

Final Decree described in paragraph 3.0 of the Agreement, the Contract, and any other applicable law; and 

(ii) a change or transfer of water use by the Nation 

does not alter any obligation of the United States, 

the Nation, or another party to pay or repay project 

construction, operation, maintenance, or replacement 

costs under this subtitle and the Contract. 

(c) SUBCONTRACTS.— 

(1) IN GENERAL.— 

(A) SUBCONTRACTS BETWEEN NATION AND THIRD PARTIES.—The Nation may enter into subcontracts for the 

delivery of Project water under the Contract to third parties 

for any beneficial use in the State of New Mexico (on 

or off land held by the United States in trust for the 

Nation or a member of the Nation or land held in fee 

by the Nation). 

(B) APPROVAL REQUIRED.—A subcontract entered into 

under subparagraph (A) shall not be effective until 

approved by the Secretary in accordance with this subsection and the Contract. 

(C) SUBMITTAL.—The Nation shall submit to the Secretary for approval or disapproval any subcontract entered 

into under this subsection. 

(D) DEADLINE.—The Secretary shall approve or disapprove a subcontract submitted to the Secretary under 

subparagraph (C) not later than the later of— 

(i) the date that is 180 days after the date on 

which the subcontract is submitted to the Secretary; 

and 

(ii) the date that is 60 days after the date on 

which a subcontractor complies with— 

(I) section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); 

and 

(II) any other requirement of Federal law. 

(E) ENFORCEMENT.—A party to a subcontract may 

enforce the deadline described in subparagraph (D) under 

section 1361 of title 28, United States Code. 

Arizona. 


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(F) COMPLIANCE WITH OTHER LAW.—A subcontract 

described in subparagraph (A) shall comply with the Agreement, the Partial Final Decree described in paragraph 

3.0 of the Agreement, and any other applicable law. 

(G) NO LIABILITY.—The Secretary shall not be liable 

to any party, including the Nation, for any term of, or 

any loss or other detriment resulting from, a lease, contract, 

or other agreement entered into pursuant to this subsection. 

(2) ALIENATION.— 

(A) PERMANENT ALIENATION.—The Nation shall not 

permanently alienate any right granted to the Nation under 

the Contract. 

(B) MAXIMUM TERM.—The term of any water use subcontract (including a renewal) under this subsection shall 

be not more than 99 years. 

(3) NONINTERCOURSE ACT COMPLIANCE.—This subsection— 

(A) provides congressional authorization for the subcontracting rights of the Nation; and 

(B) is deemed to fulfill any requirement that may be 

imposed by section 2116 of the Revised Statutes (25 U.S.C. 

177). 

(4) FORFEITURE.—The nonuse of the water supply secured 

by a subcontractor of the Nation under this subsection shall 

not result in forfeiture, abandonment, relinquishment, or other 

loss of any part of a right decreed to the Nation under the 

Contract or this section. 

(5) NO PER CAPITA PAYMENTS.—No part of the revenue 

from a water use subcontract under this subsection shall be 

distributed to any member of the Nation on a per capita basis. 

(d) WATER LEASES NOT REQUIRING SUBCONTRACTS.— 

(1) AUTHORITY OF NATION.— 

(A) IN GENERAL.—The Nation may lease, contract, or 

otherwise transfer to another party or to another purpose 

or place of use in the State of New Mexico (on or off 

land that is held by the United States in trust for the 

Nation or a member of the Nation or held in fee by the 

Nation) a water right that— 

(i) is decreed to the Nation under the Agreement; 

and 

(ii) is not subject to the Contract. 

(B) COMPLIANCE WITH OTHER LAW.—In carrying out 

an action under this subsection, the Nation shall comply 

with the Agreement, the Partial Final Decree described 

in paragraph 3.0 of the Agreement, the Supplemental Partial Final Decree described in paragraph 4.0 of the Agreement, and any other applicable law. 

(2) ALIENATION; MAXIMUM TERM.— 

(A) ALIENATION.—The Nation shall not permanently 

alienate any right granted to the Nation under the Agreement. 

(B) MAXIMUM TERM.—The term of any water use lease, 

contract, or other arrangement (including a renewal) under 

this subsection shall be not more than 99 years. 

(3) NO LIABILITY.—The Secretary shall not be liable to 

any party, including the Nation, for any term of, or any loss 


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or other detriment resulting from, a lease, contract, or other 

agreement entered into pursuant to this subsection. 

(4) NONINTERCOURSE ACT COMPLIANCE.—This subsection— 

(A) provides congressional authorization for the lease, 

contracting, and transfer of any water right described in 

paragraph (1)(A); and 

(B) is deemed to fulfill any requirement that may be 

imposed by the provisions of section 2116 of the Revised 

Statutes (25 U.S.C. 177). 

(5) FORFEITURE.—The nonuse of a water right of the Nation 

by a lessee or contractor to the Nation under this subsection 

shall not result in forfeiture, abandonment, relinquishment, 

or other loss of any part of a right decreed to the Nation 

under the Contract or this section. 

(e) NULLIFICATION.— (1) DEADLINES.— (A) IN GENERAL.—In carrying out this section, the following deadlines apply with respect to implementation of 

the Agreement: 

(i) AGREEMENT.—Not later than December 31, 

2010, the Secretary shall execute the Agreement. 

(ii) CONTRACT.—Not later than December 31, 2010, 

the Secretary and the Nation shall execute the Contract. 

(iii) PARTIAL FINAL DECREE.—Not later than 

December 31, 2013, the court in the stream adjudication shall have entered the Partial Final Decree 

described in paragraph 3.0 of the Agreement. 

(iv) FRUITLAND-CAMBRIDGE IRRIGATION PROJECT.— 

Not later than December 31, 2016, the rehabilitation 

construction of the Fruitland-Cambridge Irrigation 

Project authorized under section 10607(a)(1) shall be 

completed. 

(v) SUPPLEMENTAL PARTIAL FINAL DECREE.—Not 

later than December 31, 2016, the court in the stream 

adjudication shall enter the Supplemental Partial Final 

Decree described in subparagraph 4.0 of the Agreement. 

(vi) HOGBACK-CUDEI IRRIGATION PROJECT.—Not 

later than December 31, 2019, the rehabilitation 

construction of the Hogback-Cudei Irrigation Project 

authorized under section 10607(a)(2) shall be completed. 

(vii) TRUST FUND.—Not later than December 31, 

2019, the United States shall make all deposits into 

the Trust Fund under section 10702. 

(viii) CONJUNCTIVE WELLS.—Not later than 

December 31, 2019, the funds authorized to be appropriated under section 10609(b)(1) for the conjunctive 

use wells authorized under section 10606(b) should 

be appropriated. 

(ix) NAVAJO-GALLUP WATER SUPPLY PROJECT.—Not 

later than December 31, 2024, the construction of all 

Project facilities shall be completed. 

(B) EXTENSION.—A deadline described in subparagraph 

(A) may be extended if the Nation, the United States (acting 

through the Secretary), and the State of New Mexico (acting 

Applicability. 


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through the New Mexico Interstate Stream Commission) 

agree that an extension is reasonably necessary. 

(2) REVOCABILITY OF AGREEMENT, CONTRACT AND

AUTHORIZATIONS.— 

(A) PETITION.—If the Nation determines that a deadline described in paragraph (1)(A) is not substantially met, 

the Nation may submit to the court in the stream adjudication a petition to enter an order terminating the Agreement 

and Contract. 

(B) TERMINATION.—On issuance of an order to terminate the Agreement and Contract under subparagraph 

(A)— 

(i) the Trust Fund shall be terminated; 

(ii) the balance of the Trust Fund shall be deposited in the general fund of the Treasury; 

(iii) the authorizations for construction and 

rehabilitation of water projects under this subtitle shall 

be revoked and any Federal activity related to that 

construction and rehabilitation shall be suspended; and 

(iv) this part and parts I and III shall be null 

and void. 

(3) CONDITIONS NOT CAUSING NULLIFICATION OF SETTLEMENT.— 

(A) IN GENERAL.—If a condition described in subparagraph (B) occurs, the Agreement and Contract shall not 

be nullified or terminated. 

(B) CONDITIONS.—The conditions referred to in 

subparagraph (A) are as follows: 

(i) A lack of right to divert at the capacities of 

conjunctive use wells constructed or rehabilitated 

under section 10606. 

(ii) A failure— 

(I) to determine or resolve an accounting of 

the use of water under this subtitle in the State 

of Arizona; 

(II) to obtain a necessary water right for the 

consumptive use of water in Arizona; 

(III) to contract for the delivery of water for 

use in Arizona; or 

(IV) to construct and operate a lateral facility 

to deliver water to a community of the Nation 

in Arizona, under the Project. 

(f) EFFECT ON RIGHTS OF INDIAN TRIBES.— 

(1) IN GENERAL.—Except as provided in paragraph (2), 

nothing in the Agreement, the Contract, or this section quantifies or adversely affects the land and water rights, or claims 

or entitlements to water, of any Indian tribe or community 

other than the rights, claims, or entitlements of the Nation 

in, to, and from the San Juan River Basin in the State of 

New Mexico. 

(2) EXCEPTION.—The right of the Nation to use water under 

water rights the Nation has in other river basins in the State 

of New Mexico shall be forborne to the extent that the Nation 

supplies the uses for which the water rights exist by diversions 

of water from the San Juan River Basin under the Project 

consistent with subparagraph 9.13 of the Agreement. 


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SEC. 10702. TRUST FUND. 

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

fund to be known as the ‘‘Navajo Nation Water Resources Development Trust Fund’’, consisting of— 

(1) such amounts as are appropriated to the Trust Fund 

under subsection (f); and 

(2) any interest earned on investment of amounts in the 

Trust Fund under subsection (d). 

(b) USE OF FUNDS.—The Nation may use amounts in the Trust 

Fund— 

(1) to investigate, construct, operate, maintain, or replace 

water project facilities, including facilities conveyed to the 

Nation under this subtitle and facilities owned by the United 

States for which the Nation is responsible for operation, maintenance, and replacement costs; and 

(2) to investigate, implement, or improve a water conservation measure (including a metering or monitoring activity) necessary for the Nation to make use of a water right of the 

Nation under the Agreement. 

(c) MANAGEMENT.—The Secretary shall manage the Trust Fund, 

invest amounts in the Trust Fund pursuant to subsection (d), and 

make amounts available from the Trust Fund for distribution to 

the Nation in accordance with the American Indian Trust Fund 

Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

(d) INVESTMENT OF THE TRUST FUND.—Beginning on October 

1, 2019, the Secretary shall invest amounts in the Trust Fund 

in accordance with— 

(1) the Act of April 1, 1880 (25 U.S.C. 161); 

(2) the first section of the Act of June 24, 1938 (25 U.S.C. 

162a); and 

(3) the American Indian Trust Fund Management Reform 

Act of 1994 (25 U.S.C. 4001 et seq.). 

(e) CONDITIONS FOR EXPENDITURES AND WITHDRAWALS.— 

(1) TRIBAL MANAGEMENT PLAN.— 

(A) IN GENERAL.—Subject to paragraph (7), on approval 

by the Secretary of a tribal management plan in accordance 

with the American Indian Trust Fund Management Reform 

Act of 1994 (25 U.S.C. 4001 et seq.), the Nation may 

withdraw all or a portion of the amounts in the Trust 

Fund. 

(B) REQUIREMENTS.—In addition to any requirements 

under the American Indian Trust Fund Management 

Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 

management plan shall require that the Nation only use 

amounts in the Trust Fund for the purposes described 

in subsection (b), including the identification of water conservation measures to be implemented in association with 

the agricultural water use of the Nation. 

(2) ENFORCEMENT.—The Secretary may take judicial or 

administrative action to enforce the provisions of any tribal 

management plan to ensure that any amounts withdrawn from 

the Trust Fund are used in accordance with this subtitle. 

(3) NO LIABILITY.—Neither the Secretary nor the Secretary 

of the Treasury shall be liable for the expenditure or investment 

of any amounts withdrawn from the Trust Fund by the Nation. 

(4) EXPENDITURE PLAN.— 

Effective date. 


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(A) IN GENERAL.—The Nation shall submit to the Secretary for approval an expenditure plan for any portion 

of the amounts in the Trust Fund made available under 

this section that the Nation does not withdraw under this 

subsection. 

(B) DESCRIPTION.—The expenditure plan shall describe 

the manner in which, and the purposes for which, funds 

of the Nation remaining in the Trust Fund will be used. 

(C) APPROVAL.—On receipt of an expenditure plan 

under subparagraph (A), the Secretary shall approve the 

plan if the Secretary determines that the plan is reasonable 

and consistent with this subtitle. 

(5) ANNUAL REPORT.—The Nation shall submit to the Secretary an annual report that describes any expenditures from 

the Trust Fund during the year covered by the report. 

(6) LIMITATION.—No portion of the amounts in the Trust 

Fund shall be distributed to any Nation member on a per 

capita basis. 

(7) CONDITIONS.—Any amount authorized to be appropriated to the Trust Fund under subsection (f) shall not be 

available for expenditure or withdrawal— 

(A) before December 31, 2019; and 

(B) until the date on which the court in the stream 

adjudication has entered— 

(i) the Partial Final Decree; and 

(ii) the Supplemental Partial Final Decree. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for deposit in the Trust Fund— 

(1) $6,000,000 for each of fiscal years 2010 through 2014; 

and 

(2) $4,000,000 for each of fiscal years 2015 through 2019. 

SEC. 10703. WAIVERS AND RELEASES. 

(a) CLAIMS BY THE NATION AND THE UNITED STATES.—In return 

for recognition of the Nation’s water rights and other benefits, 

including but not limited to the commitments by other parties, 

as set forth in the Agreement and this subtitle, the Nation, on 

behalf of itself and members of the Nation (other than members 

in the capacity of the members as allottees), and the United States 

acting in its capacity as trustee for the Nation, shall execute a 

waiver and release of— 

(1) all claims for water rights in, or for waters of, the 

San Juan River Basin in the State of New Mexico that the 

Nation, or the United States as trustee for the Nation, asserted, 

or could have asserted, in any proceeding, including but not 

limited to the stream adjudication, up to and including the 

effective date described in subsection (e), except to the extent 

that such rights are recognized in the Agreement or this subtitle; 

(2) all claims for damages, losses, or injuries to water 

rights or claims of interference with, diversion, or taking of 

water (including but not limited to claims for injury to lands 

resulting from such damages, losses, injuries, interference with, 

diversion, or taking) in the San Juan River Basin in the State 

of New Mexico that accrued at any time up to and including 

the effective date described in subsection (e); 


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(3) all claims of any damage, loss, or injury or for injunctive 

or other relief because of the condition of or changes in water 

quality related to, or arising out of, the exercise of water 

rights; and 

(4) all claims against the State of New Mexico, its agencies, 

or employees relating to the negotiation or the adoption of 

the Agreement. 

(b) CLAIMS BY THE NATION AGAINST THE UNITED STATES.— 

The Nation, on behalf of itself and its members (other than in 

the capacity of the members as allottees), shall execute a waiver 

and release of— 

(1) all claims against the United States, its agencies, or 

employees relating to claims for water rights in or waters 

of the San Juan River Basin in the State of New Mexico 

that the United States, acting in its capacity as trustee for 

the Nation, asserted, or could have asserted, in any proceeding, 

including but not limited to the stream adjudication; 

(2) all claims against the United States, its agencies, or 

employees relating to damages, losses, or injuries to water, 

water rights, land, or natural resources due to loss of water 

or water rights (including but not limited to damages, losses, 

or injuries to hunting, fishing, gathering, or cultural rights 

due to loss of water or water rights; claims relating to inference 

with, diversion, or taking of water or water rights; or claims 

relating to failure to protect, acquire, replace, or develop water 

or water rights) in the San Juan River Basin in the State 

of New Mexico that first accrued at any time up to and including 

the effective date described in subsection (e); 

(3) all claims against the United States, its agencies, or 

employees relating to the pending litigation of claims relating 

to the Nation’s water rights in the stream adjudication; and 

(4) all claims against the United States, its agencies, or 

employees relating to the negotiation, execution, or the adoption 

of the Agreement, the decrees, the Contract, or this subtitle. 

(c) RESERVATION OF CLAIMS.—Notwithstanding the waivers and 

releases authorized in this subtitle, the Nation on behalf of itself 

and its members (including members in the capacity of the members 

as allottees) and the United States acting in its capacity as trustee 

for the Nation and allottees, retain— 

(1) all claims for water rights or injuries to water rights 

arising out of activities occurring outside the San Juan River 

Basin in the State of New Mexico, subject to paragraphs 8.0, 

9.3, 9.12, 9.13, and 13.9 of the Agreement; 

(2) all claims for enforcement of the Agreement, the Contract, the Partial Final Decree, the Supplemental Partial Final 

Decree, or this subtitle, through any legal and equitable remedies available in any court of competent jurisdiction; 

(3) all rights to use and protect water rights acquired 

pursuant to State law after the date of enactment of this 

Act; 

(4) all claims relating to activities affecting the quality 

of water not related to the exercise of water rights, including 

but not limited to any claims the Nation might have under— 

(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

seq.); 


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(B) the Safe Drinking Water Act (42 U.S.C. 300f et 

seq.); and 

(C) the Federal Water Pollution Control Act (33 U.S.C. 

1251 et seq.); 

(5) all claims relating to damages, losses, or injuries to 

land or natural resources not due to loss of water or water 

rights; and 

(6) all rights, remedies, privileges, immunities, and powers 

not specifically waived and released under the terms of the 

Agreement or this subtitle. 

(d) TOLLING OF CLAIMS.— (1) IN GENERAL.—Each applicable period of limitation and 

time-based equitable defense relating to a claim described in 

this section shall be tolled for the period beginning on the 

date of enactment of this Act and ending on the earlier of— 

(A) March 1, 2025; or 

(B) the effective date described in subsection (e). 

(2) EFFECT OF SUBSECTION.—Nothing in this subsection 

revives any claim or tolls any period of limitation or timebased equitable defense that expired before the date of enactment of this Act. 

(3) LIMITATION.—Nothing in this section precludes the 

tolling of any period of limitations or any time-based equitable 

defense under any other applicable law. 

(e) EFFECTIVE DATE.— 

(1) IN GENERAL.—The waivers and releases described in 

subsections (a) and (b) shall be effective on the date on which 

the Secretary publishes in the Federal Register a statement 

of findings documenting that each of the deadlines described 

in section 10701(e)(1) have been met. 

(2) DEADLINE.—If the deadlines described in section 

10701(e)(1)(A) have not been met by the later of March 1, 

2025, or the date of any extension under section 

10701(e)(1)(B)— 

(A) the waivers and releases described in subsections 

(a) and (b) shall be of no effect; and 

(B) section 10701(e)(2)(B) shall apply. 

SEC. 10704. WATER RIGHTS HELD IN TRUST. 

A tribal water right adjudicated and described in paragraph 

3.0 of the Partial Final Decree and in paragraph 3.0 of the Supplemental Partial Final Decree shall be held in trust by the United 

States on behalf of the Nation. 

Subtitle C—Shoshone-Paiute Tribes of the 

Duck Valley Reservation Water Rights 

Settlement 

SEC. 10801. FINDINGS. 

Congress finds that— 

(1) it is the policy of the United States, in accordance 

with the trust responsibility of the United States to Indian 

tribes, to promote Indian self-determination and economic selfsufficiency and to settle Indian water rights claims without 

lengthy and costly litigation, if practicable; 

Nevada. 

Applicability. 

Federal Register, 

publication. 

Time period. 


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(2) quantifying rights to water and development of facilities 

needed to use tribal water supplies is essential to the development of viable Indian reservation economies and the establishment of a permanent reservation homeland; 

(3) uncertainty concerning the extent of the ShoshonePaiute Tribes’ water rights has resulted in limited access to 

water and inadequate financial resources necessary to achieve 

self-determination and self-sufficiency; 

(4) in 2006, the Tribes, the State of Idaho, the affected 

individual water users, and the United States resolved all 

tribal claims to water rights in the Snake River Basin Adjudication through a consent decree entered by the District Court 

of the Fifth Judicial District of the State of Idaho, requiring 

no further Federal action to quantify the Tribes’ water rights 

in the State of Idaho; 

(5) as of the date of enactment of this Act, proceedings 

to determine the extent and nature of the water rights of 

the Tribes in the East Fork of the Owyhee River in Nevada 

are pending before the Nevada State Engineer; 

(6) final resolution of the Tribes’ water claims in the East 

Fork of the Owyhee River adjudication will— 

(A) take many years; 

(B) entail great expense; 

(C) continue to limit the access of the Tribes to water, 

with economic and social consequences; 

(D) prolong uncertainty relating to the availability of 

water supplies; and 

(E) seriously impair long-term economic planning and 

development for all parties to the litigation; 

(7) after many years of negotiation, the Tribes, the State, 

and the upstream water users have entered into a settlement 

agreement to resolve permanently all water rights of the Tribes 

in the State; and 

(8) the Tribes also seek to resolve certain water-related 

claims for damages against the United States. 

SEC. 10802. PURPOSES. 

The purposes of this subtitle are— 

(1) to resolve outstanding issues with respect to the East 

Fork of the Owyhee River in the State in such a manner 

as to provide important benefits to— 

(A) the United States; 

(B) the State; 

(C) the Tribes; and 

(D) the upstream water users; 

(2) to achieve a fair, equitable, and final settlement of 

all claims of the Tribes, members of the Tribes, and the United 

States on behalf of the Tribes and members of Tribes to the 

waters of the East Fork of the Owyhee River in the State; 

(3) to ratify and provide for the enforcement of the Agreement among the parties to the litigation; 

(4) to resolve the Tribes’ water-related claims for damages 

against the United States; 

(5) to require the Secretary to perform all obligations of 

the Secretary under the Agreement and this subtitle; and 


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(6) to authorize the actions and appropriations necessary 

to meet the obligations of the United States under the Agreement and this subtitle. 

SEC. 10803. DEFINITIONS. 

In this subtitle: 

(1) AGREEMENT.—The term ‘‘Agreement’’ means the agreement entitled the ‘‘Agreement to Establish the Relative Water 

Rights of the Shoshone-Paiute Tribes of the Duck Valley Reservation and the Upstream Water Users, East Fork Owyhee 

River’’ and signed in counterpart between, on, or about September 22, 2006, and January 15, 2007 (including all attachments to that Agreement). 

(2) DEVELOPMENT FUND.—The term ‘‘Development Fund’’ 

means the Shoshone-Paiute Tribes Water Rights Development 

Fund established by section 10807(b)(1). 

(3) EAST FORK OF THE OWYHEE RIVER.—The term ‘‘East 

Fork of the Owyhee River’’ means the portion of the east 

fork of the Owyhee River that is located in the State. 

(4) MAINTENANCE FUND.—The term ‘‘Maintenance Fund’’ 

means the Shoshone-Paiute Tribes Operation and Maintenance 

Fund established by section 10807(c)(1). 

(5) RESERVATION.—The term ‘‘Reservation’’ means the Duck 

Valley Reservation established by the Executive order dated 

April 16, 1877, as adjusted pursuant to the Executive order 

dated May 4, 1886, and Executive order numbered 1222 and 

dated July 1, 1910, for use and occupation by the Western 

Shoshones and the Paddy Cap Band of Paiutes. 

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

of the Interior. 

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

(8) TRIBAL WATER RIGHTS.—The term ‘‘tribal water rights’’ 

means rights of the Tribes described in the Agreement relating 

to water, including groundwater, storage water, and surface 

water. 

(9) TRIBES.—The term ‘‘Tribes’’ means the Shoshone-Paiute 

Tribes of the Duck Valley Reservation. 

(10) UPSTREAM WATER USER.—The term ‘‘upstream water 

user’’ means a non-Federal water user that— 

(A) is located upstream from the Reservation on the 

East Fork of the Owyhee River; and 

(B) is a signatory to the Agreement as a party to 

the East Fork of the Owyhee River adjudication. 

SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMATION OF 

AGREEMENT; AUTHORIZATION. 

(a) IN GENERAL.—Except as provided in subsection (c) and 

except to the extent that the Agreement otherwise conflicts with 

provisions of this subtitle, the Agreement is approved, ratified, 

and confirmed. 

(b) SECRETARIAL AUTHORIZATION.—The Secretary is authorized 

and directed to execute the Agreement as approved by Congress. 

(c) EXCEPTION FOR TRIBAL WATER MARKETING.—Notwithstanding any language in the Agreement to the contrary, nothing 

in this subtitle authorizes the Tribes to use or authorize others 

to use tribal water rights off the Reservation, other than use for 

storage at Wild Horse Reservoir for use on tribal land and for 


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the allocation of 265 acre feet to upstream water users under 

the Agreement, or use on tribal land off the Reservation. 

(d) ENVIRONMENTAL COMPLIANCE.—Execution of the Agreement 

by the Secretary under this section shall not constitute major Federal action under the National Environmental Policy Act (42 U.S.C. 

4321 et seq.). The Secretary shall carry out all environmental 

compliance required by Federal law in implementing the Agreement. 

(e) PERFORMANCE OF OBLIGATIONS.—The Secretary and any 

other head of a Federal agency obligated under the Agreement 

shall perform actions necessary to carry out an obligation under 

the Agreement in accordance with this subtitle. 

SEC. 10805. TRIBAL WATER RIGHTS. 

(a) IN GENERAL.—Tribal water rights shall be held in trust 

by the United States for the benefit of the Tribes. 

(b) ADMINISTRATION.— (1) ENACTMENT OF WATER CODE.—Not later than 3 years 

after the date of enactment of this Act, the Tribes, in accordance 

with provisions of the Tribes’ constitution and subject to the 

approval of the Secretary, shall enact a water code to administer 

tribal water rights. 

(2) INTERIM ADMINISTRATION.—The Secretary shall regulate 

the tribal water rights during the period beginning on the 

date of enactment of this Act and ending on the date on which 

the Tribes enact a water code under paragraph (1). 

(c) TRIBAL WATER RIGHTS NOT SUBJECT TO LOSS.—The tribal 

water rights shall not be subject to loss by abandonment, forfeiture, 

or nonuse. 

SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT. 

(a) STATUS OF THE DUCK VALLEY INDIAN IRRIGATION PROJECT.— 

Nothing in this subtitle shall affect the status of the Duck Valley 

Indian Irrigation Project under Federal law. 

(b) CAPITAL COSTS NONREIMBURSABLE.—The capital costs associated with the Duck Valley Indian Irrigation Project as of the 

date of enactment of this Act, including any capital cost incurred 

with funds distributed under this subtitle for the Duck Valley 

Indian Irrigation Project, shall be nonreimbursable. 

SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS. 

(a) DEFINITION OF FUNDS.—In this section, the term ‘‘Funds’’ 

means— 

(1) the Development Fund; and 

(2) the Maintenance Fund. 

(b) DEVELOPMENT FUND.— 

(1) ESTABLISHMENT.—There is established in the Treasury 

of the United States a fund to be known as the ‘‘ShoshonePaiute Tribes Water Rights Development Fund’’. 

(2) USE OF FUNDS.— 

(A) PRIORITY USE OF FUNDS FOR REHABILITATION.— 

The Tribes shall use amounts in the Development Fund 

to— 

(i) rehabilitate the Duck Valley Indian Irrigation 

Project; or 

(ii) for other purposes under subparagraph (B), 

provided that the Tribes have given written notification 

to the Secretary that— 

Notification. 

Regulations. 

Time period. 

Deadline. 


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(I) the Duck Valley Indian Irrigation Project 

has been rehabilitated to an acceptable condition; 

or 

(II) sufficient funds will remain available from 

the Development Fund to rehabilitate the Duck 

Valley Indian Irrigation Project to an acceptable 

condition after expending funds for other purposes 

under subparagraph (B). 

(B) OTHER USES OF FUNDS.—Once the Tribes have provided written notification as provided in subparagraph 

(A)(ii)(I) or (A)(ii)(II), the Tribes may use amounts from 

the Development Fund for any of the following purposes: 

(i) To expand the Duck Valley Indian Irrigation 

Project. 

(ii) To pay or reimburse costs incurred by the 

Tribes in acquiring land and water rights. 

(iii) For purposes of cultural preservation. 

(iv) To restore or improve fish or wildlife habitat. 

(v) For fish or wildlife production, water resource 

development, or agricultural development. 

(vi) For water resource planning and development. 

(vii) To pay the costs of— 

(I) designing and constructing water supply 

and sewer systems for tribal communities, 

including a water quality testing laboratory; 

(II) other appropriate water-related projects 

and other related economic development projects; 

(III) the development of a water code; and 

(IV) other costs of implementing the Agreement. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary for deposit in the 

Development Fund $9,000,000 for each of fiscal years 2010 

through 2014. 

(c) MAINTENANCE FUND.— (1) ESTABLISHMENT.—There is established in the Treasury 

of the United States a fund to be known as the ‘‘ShoshonePaiute Tribes Operation and Maintenance Fund’’. 

(2) USE OF FUNDS.—The Tribes shall use amounts in the 

Maintenance Fund to pay or provide reimbursement for— 

(A) operation, maintenance, and replacement costs of 

the Duck Valley Indian Irrigation Project and other waterrelated projects funded under this subtitle; or 

(B) operation, maintenance, and replacement costs of 

water supply and sewer systems for tribal communities, 

including the operation and maintenance costs of a water 

quality testing laboratory. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary for deposit in the 

Maintenance Fund $3,000,000 for each of fiscal years 2010 

through 2014. 

(d) AVAILABILITY OF AMOUNTS FROM FUNDS.—Amounts made 

available under subsections (b)(3) and (c)(3) shall be available for 

expenditure or withdrawal only after the effective date described 

in section 10808(d). 

(e) ADMINISTRATION OF FUNDS.—Upon completion of the actions 

described in section 10808(d), the Secretary, in accordance with 


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123 STAT. 1410 PUBLIC LAW 111–11—MAR. 30, 2009 

the American Indian Trust Fund Management Reform Act of 1994 

(25 U.S.C. 4001 et seq.) shall manage the Funds, including by 

investing amounts from the Funds in accordance with the Act 

of April 1, 1880 (25 U.S.C. 161), and the first section of the Act 

of June 24, 1938 (25 U.S.C. 162a). 

(f) EXPENDITURES AND WITHDRAWAL.— 

(1) TRIBAL MANAGEMENT PLAN.— 

(A) IN GENERAL.—The Tribes may withdraw all or part 

of amounts in the Funds on approval by the Secretary 

of a tribal management plan as described in the American 

Indian Trust Fund Management Reform Act of 1994 (25 

U.S.C. 4001 et seq.). 

(B) REQUIREMENTS.—In addition to the requirements 

under the American Indian Trust Fund Management 

Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 

management plan shall require that the Tribes spend any 

amounts withdrawn from the Funds in accordance with 

the purposes described in subsection (b)(2) or (c)(2). 

(C) ENFORCEMENT.—The Secretary may take judicial 

or administrative action to enforce the provisions of any 

tribal management plan to ensure that any amounts withdrawn from the Funds under the plan are used in accordance with this subtitle and the Agreement. 

(D) LIABILITY.—If the Tribes exercise the right to withdraw amounts from the Funds, neither the Secretary nor 

the Secretary of the Treasury shall retain any liability 

for the expenditure or investment of the amounts. 

(2) EXPENDITURE PLAN.— 

(A) IN GENERAL.—The Tribes shall submit to the Secretary for approval an expenditure plan for any portion 

of the amounts in the Funds that the Tribes do not withdraw under the tribal management plan. 

(B) DESCRIPTION.—The expenditure plan shall describe 

the manner in which, and the purposes for which, amounts 

of the Tribes remaining in the Funds will be used. 

(C) APPROVAL.—On receipt of an expenditure plan 

under subparagraph (A), the Secretary shall approve the 

plan if the Secretary determines that the plan is reasonable 

and consistent with this subtitle and the Agreement. 

(D) ANNUAL REPORT.—For each Fund, the Tribes shall 

submit to the Secretary an annual report that describes 

all expenditures from the Fund during the year covered 

by the report. 

(3) FUNDING AGREEMENT.—Notwithstanding any other 

provision of this subtitle, on receipt of a request from the 

Tribes, the Secretary shall include an amount from funds made 

available under this section in the funding agreement of the 

Tribes under title IV of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 458aa et seq.), for use 

in accordance with subsections (b)(2) and (c)(2). No amount 

made available under this subtitle may be requested until 

the waivers under section 10808(a) take effect. 

(g) NO PER CAPITA PAYMENTS.—No amount from the Funds 

(including any interest income that would have accrued to the 

Funds after the effective date) shall be distributed to a member 

of the Tribes on a per capita basis. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1411 

SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS. 

(a) WAIVER AND RELEASE OF CLAIMS BY TRIBES AND UNITED

STATES ACTING AS TRUSTEE FOR TRIBES.—In return for recognition 

of the Tribes’ water rights and other benefits as set forth in the 

Agreement and this subtitle, the Tribes, on behalf of themselves 

and their members, and the United States acting in its capacity 

as trustee for the Tribes are authorized to execute a waiver and 

release of— 

(1) all claims for water rights in the State of Nevada 

that the Tribes, or the United States acting in its capacity 

as trustee for the Tribes, asserted, or could have asserted, 

in any proceeding, including pending proceedings before the 

Nevada State Engineer to determine the extent and nature 

of the water rights of the Tribes in the East Fork of the 

Owyhee River in Nevada, up to and including the effective 

date, except to the extent that such rights are recognized in 

the Agreement or this subtitle; and 

(2) all claims for damages, losses or injuries to water rights 

or claims of interference with, diversion or taking of water 

rights (including claims for injury to lands resulting from such 

damages, losses, injuries, interference with, diversion, or taking 

of water rights) within the State of Nevada that accrued at 

any time up to and including the effective date. 

(b) WAIVER AND RELEASE OF CLAIMS BY TRIBES AGAINST UNITED

STATES.—The Tribes, on behalf of themselves and their members, 

are authorized to execute a waiver and release of— 

(1) all claims against the United States, its agencies, or 

employees, relating in any manner to claims for water rights 

in or water of the States of Nevada and Idaho that the United 

States acting in its capacity as trustee for the Tribes asserted, 

or could have asserted, in any proceeding, including pending 

proceedings before the Nevada State Engineer to determine 

the extent and nature of the water rights of the Tribes in 

the East Fork of the Owyhee River in Nevada, and the Snake 

River Basin Adjudication in Idaho; 

(2) all claims against the United States, its agencies, or 

employees relating in any manner to damages, losses, or 

injuries to water, water rights, land, or other resources due 

to loss of water or water rights (including damages, losses 

or injuries to fishing and other similar rights due to loss of 

water or water rights; claims relating to interference with, 

diversion or taking of water; or claims relating to failure to 

protect, acquire, replace, or develop water, water rights or 

water infrastructure) within the States of Nevada and Idaho 

that first accrued at any time up to and including the effective 

date; 

(3) all claims against the United States, its agencies, or 

employees relating to the operation, maintenance, or rehabilitation of the Duck Valley Indian Irrigation Project that first 

accrued at any time up to and including the date upon which 

the Tribes notify the Secretary as provided in section 

10807(b)(2)(A)(ii)(I) that the rehabilitation of the Duck Valley 

Indian Irrigation Project under this subtitle to an acceptable 

level has been accomplished; 

(4) all claims against the United States, its agencies, or 

employees relating in any manner to the litigation of claims 

relating to the Tribes’ water rights in pending proceedings 


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123 STAT. 1412 PUBLIC LAW 111–11—MAR. 30, 2009 

before the Nevada State Engineer to determine the extent 

and nature of the water rights of the Tribes in the East Fork 

of the Owyhee River in Nevada or the Snake River Basin 

Adjudication in Idaho; and 

(5) all claims against the United States, its agencies, or 

employees relating in any manner to the negotiation, execution, 

or adoption of the Agreement, exhibits thereto, the decree 

referred to in subsection (d)(2), or this subtitle. 

(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Notwithstanding the waivers and releases authorized in this subtitle, 

the Tribes on their own behalf and the United States acting in 

its capacity as trustee for the Tribes retain— 

(1) all claims for enforcement of the Agreement, the decree 

referred to in subsection (d)(2), or this subtitle, through such 

legal and equitable remedies as may be available in the decree 

court or the appropriate Federal court; 

(2) all rights to acquire a water right in a State to the 

same extent as any other entity in the State, in accordance 

with State law, and to use and protect water rights acquired 

after the date of enactment of this Act; 

(3) all claims relating to activities affecting the quality 

of water including any claims the Tribes might have under 

the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 

claims for damages to natural resources), the Safe Drinking 

Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution 

Control Act (33 U.S.C. 1251 et seq.), and the regulations implementing those Acts; and 

(4) all rights, remedies, privileges, immunities, and powers 

not specifically waived and released pursuant to this subtitle. 

(d) EFFECTIVE DATE.—Notwithstanding anything in the Agreement to the contrary, the waivers by the Tribes, or the United 

States on behalf of the Tribes, under this section shall take effect 

on the date on which the Secretary publishes in the Federal Register 

a statement of findings that includes a finding that— 

(1) the Agreement and the waivers and releases authorized 

and set forth in subsections (a) and (b) have been executed 

by the parties and the Secretary; 

(2) the Fourth Judicial District Court, Elko County, 

Nevada, has issued a judgment and decree consistent with 

the Agreement from which no further appeal can be taken; 

and 

(3) the amounts authorized under subsections (b)(3) and 

(c)(3) of section 10807 have been appropriated. 

(e) FAILURE TO PUBLISH STATEMENT OF FINDINGS.—If the Secretary does not publish a statement of findings under subsection 

(d) by March 31, 2016— 

(1) the Agreement and this subtitle shall not take effect; 

and 

(2) any funds that have been appropriated under this subtitle shall immediately revert to the general fund of the United 

States Treasury. 

(f) TOLLING OF CLAIMS.— 

(1) IN GENERAL.—Each applicable period of limitation and 

time-based equitable defense relating to a claim described in 

this section shall be tolled for the period beginning on the 

date of enactment of this Act and ending on the date on which 

Time period. 

Reversion. 

Deadline. 

Federal Register, 

publication. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1413 

the amounts authorized to be appropriated under subsections 

(b)(3) and (c)(3) of section 10807 are appropriated. 

(2) EFFECT OF SUBPARAGRAPH.—Nothing in this subparagraph revives any claim or tolls any period of limitation or 

time-based equitable defense that expired before the date of 

enactment of this Act. 

SEC. 10809. MISCELLANEOUS. 

(a) GENERAL DISCLAIMER.—The parties to the Agreement 

expressly reserve all rights not specifically granted, recognized, 

or relinquished by— 

(1) the settlement described in the Agreement; or 

(2) this subtitle. 

(b) LIMITATION OF CLAIMS AND RIGHTS.—Nothing in this subtitle— 

(1) establishes a standard for quantifying— 

(A) a Federal reserved water right; 

(B) an aboriginal claim; or 

(C) any other water right claim of an Indian tribe 

in a judicial or administrative proceeding; 

(2) affects the ability of the United States, acting in its 

sovereign capacity, to take actions authorized by law, including 

any laws relating to health, safety, or the environment, 

including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 

the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the 

Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 

the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly 

known as the ‘‘Resource Conservation and Recovery Act of 

1976’’), and the regulations implementing those Acts; 

(3) affects the ability of the United States to take actions, 

acting in its capacity as trustee for any other Tribe, Pueblo, 

or allottee; 

(4) waives any claim of a member of the Tribes in an 

individual capacity that does not derive from a right of the 

Tribes; or 

(5) limits the right of a party to the Agreement to litigate 

any issue not resolved by the Agreement or this subtitle. 

(c) ADMISSION AGAINST INTEREST.—Nothing in this subtitle constitutes an admission against interest by a party in any legal 

proceeding. 

(d) RESERVATION.—The Reservation shall be— 

(1) considered to be the property of the Tribes; and 

(2) permanently held in trust by the United States for 

the sole use and benefit of the Tribes. 

(e) JURISDICTION.— 

(1) SUBJECT MATTER JURISDICTION.—Nothing in the Agreement or this subtitle restricts, enlarges, or otherwise determines 

the subject matter jurisdiction of any Federal, State, or tribal 

court. 

(2) CIVIL OR REGULATORY JURISDICTION.—Nothing in the 

Agreement or this subtitle impairs or impedes the exercise 

of any civil or regulatory authority of the United States, the 

State, or the Tribes. 

(3) CONSENT TO JURISDICTION.—The United States consents 

to jurisdiction in a proper forum for purposes of enforcing 

the provisions of the Agreement. 


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123 STAT. 1414 PUBLIC LAW 111–11—MAR. 30, 2009 

(4) EFFECT OF SUBSECTION.—Nothing in this subsection 

confers jurisdiction on any State court to— 

(A) interpret Federal law regarding the health, safety, 

or the environment or determine the duties of the United 

States or other parties pursuant to such Federal law; or 

(B) conduct judicial review of a Federal agency action. 

TITLE XI—UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS 

SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEOLOGIC MAPPING ACT OF 1992. 

(a) FINDINGS.—Section 2(a) of the National Geologic Mapping 

Act of 1992 (43 U.S.C. 31a(a)) is amended— 

(1) by striking paragraph (1) and inserting the following: 

‘‘(1) although significant progress has been made in the 

production of geologic maps since the establishment of the 

national cooperative geologic mapping program in 1992, no 

modern, digital, geologic map exists for approximately 75 percent of the United States;’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (C), by inserting ‘‘homeland and’’ 

after ‘‘planning for’’; 

(B) in subparagraph (E), by striking ‘‘predicting’’ and 

inserting ‘‘identifying’’; 

(C) in subparagraph (I), by striking ‘‘and’’ after the 

semicolon at the end; 

(D) by redesignating subparagraph (J) as subparagraph 

(K); and 

(E) by inserting after subparagraph (I) the following: 

‘‘(J) recreation and public awareness; and’’; and 

(3) in paragraph (9), by striking ‘‘important’’ and inserting 

‘‘available’’. 

(b) PURPOSE.—Section 2(b) of the National Geologic Mapping 

Act of 1992 (43 U.S.C. 31a(b)) is amended by inserting ‘‘and management’’ before the period at the end. 

(c) DEADLINES FOR ACTIONS BY THE UNITED STATES GEOLOGICAL

SURVEY.—Section 4(b)(1) of the National Geologic Mapping Act 

of 1992 (43 U.S.C. 31c(b)(1)) is amended in the second sentence— 

(1) in subparagraph (A), by striking ‘‘not later than’’ and 

all that follows through the semicolon and inserting ‘‘not later 

than 1 year after the date of enactment of the Omnibus Public 

Land Management Act of 2009;’’; 

(2) in subparagraph (B), by striking ‘‘not later than’’ and 

all that follows through ‘‘in accordance’’ and inserting ‘‘not 

later than 1 year after the date of enactment of the Omnibus 

Public Land Management Act of 2009 in accordance’’; and 

(3) in the matter preceding clause (i) of subparagraph (C), 

by striking ‘‘not later than’’ and all that follows through 

‘‘submit’’ and inserting ‘‘submit biennially’’. 

(d) GEOLOGIC MAPPING PROGRAM OBJECTIVES.—Section 4(c)(2) 

of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) 

is amended— 

(1) by striking ‘‘geophysical-map data base, geochemicalmap data base, and a’’; and 

(2) by striking ‘‘provide’’ and inserting ‘‘provides’’. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1415 

(e) GEOLOGIC MAPPING PROGRAM COMPONENTS.—Section 

4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992 (43 

U.S.C. 31c(d)(1)(B)(ii)) is amended— 

(1) in subclause (I), by striking ‘‘and’’ after the semicolon 

at the end; 

(2) in subclause (II), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(III) the needs of land management agencies 

of the Department of the Interior.’’. 

(f) GEOLOGIC MAPPING ADVISORY COMMITTEE.— (1) MEMBERSHIP.—Section 5(a) of the National Geologic 

Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended— 

(A) in paragraph (2)— 

(i) by inserting ‘‘the Secretary of the Interior or 

a designee from a land management agency of the 

Department of the Interior,’’ after ‘‘Administrator of 

the Environmental Protection Agency or a designee,’’; 

(ii) by inserting ‘‘and’’ after ‘‘Energy or a designee,’’; 

and 

(iii) by striking ‘‘, and the Assistant to the President for Science and Technology or a designee’’; and 

(B) in paragraph (3)— 

(i) by striking ‘‘Not later than’’ and all that follows 

through ‘‘consultation’’ and inserting ‘‘In consultation’’; 

(ii) by striking ‘‘Chief Geologist, as Chairman’’ and 

inserting ‘‘Associate Director for Geology, as Chair’’; 

and 

(iii) by striking ‘‘one representative from the private sector’’ and inserting ‘‘2 representatives from the 

private sector’’. 

(2) DUTIES.—Section 5(b) of the National Geologic Mapping 

Act of 1992 (43 U.S.C. 31d(b)) is amended— 

(A) in paragraph (2), by striking ‘‘and’’ at the end; 

(B) by redesignating paragraph (3) as paragraph (4); 

and 

(C) by inserting after paragraph (2) the following: 

‘‘(3) provide a scientific overview of geologic maps (including 

maps of geologic-based hazards) used or disseminated by Federal agencies for regulation or land-use planning; and’’. 

(3) CONFORMING AMENDMENT.—Section 5(a)(1) of the 

National Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) 

is amended by striking ‘‘10-member’’ and inserting ‘‘11- 

member’’. 

(g) FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATABASE.—Section 7(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 

31f(a)) is amended— 

(1) in paragraph (1), by striking ‘‘geologic map’’ and 

inserting ‘‘geologic-map’’; and 

(2) in paragraph (2), by striking subparagraph (A) and 

inserting the following: 

‘‘(A) all maps developed with funding provided by the 

National Cooperative Geologic Mapping Program, including 

under the Federal, State, and education components;’’. 

(h) BIENNIAL REPORT.—Section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31g) is amended by striking ‘‘Not 

later’’ and all that follows through ‘‘biennially’’ and inserting ‘‘Not 


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123 STAT. 1416 PUBLIC LAW 111–11—MAR. 30, 2009 

later than 3 years after the date of enactment of the Omnibus 

Public Land Management Act of 2009 and biennially’’. 

(i) AUTHORIZATION OF APPROPRIATIONS; ALLOCATION.—Section 

9 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h) 

is amended— 

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

‘‘(a) IN GENERAL.—There is authorized to be appropriated to 

carry out this Act $64,000,000 for each of fiscal years 2009 through 

2018.’’; and 

(2) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘2000’’ and inserting ‘‘2005’’; 

(B) in paragraph (1), by striking ‘‘48’’ and inserting 

‘‘50’’; and 

(C) in paragraph (2), by striking 2 and inserting ‘‘4’’. 

SEC. 11002. NEW MEXICO WATER RESOURCES STUDY. 

(a) IN GENERAL.—The Secretary of the Interior, acting through 

the Director of the United States Geological Survey (referred to 

in this section as the ‘‘Secretary’’), in coordination with the State 

of New Mexico (referred to in this section as the ‘‘State’’) and 

any other entities that the Secretary determines to be appropriate 

(including other Federal agencies and institutions of higher education), shall, in accordance with this section and any other 

applicable law, conduct a study of water resources in the State, 

including— 

(1) a survey of groundwater resources, including an analysis 

of— 

(A) aquifers in the State, including the quantity of 

water in the aquifers; 

(B) the availability of groundwater resources for human 

use; 

(C) the salinity of groundwater resources; 

(D) the potential of the groundwater resources to 

recharge; 

(E) the interaction between groundwater and surface 

water; 

(F) the susceptibility of the aquifers to contamination; 

and 

(G) any other relevant criteria; and 

(2) a characterization of surface and bedrock geology, 

including the effect of the geology on groundwater yield and 

quality. 

(b) STUDY AREAS.—The study carried out under subsection 

(a) shall include the Estancia Basin, Salt Basin, Tularosa Basin, 

Hueco Basin, and middle Rio Grande Basin in the State. 

(c) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Secretary shall submit to the Committee on Energy 

and Natural Resources of the Senate and the Committee on 

Resources of the House of Representatives a report that describes 

the results of the study. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

section. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1417 

TITLE XII—OCEANS 

Subtitle A—Ocean Exploration 

PART I—EXPLORATION 

SEC. 12001. PURPOSE. 

The purpose of this part is to establish the national ocean 

exploration program and the national undersea research program 

within the National Oceanic and Atmospheric Administration. 

SEC. 12002. PROGRAM ESTABLISHED. 

The Administrator of the National Oceanic and Atmospheric 

Administration shall, in consultation with the National Science 

Foundation and other appropriate Federal agencies, establish a 

coordinated national ocean exploration program within the National 

Oceanic and Atmospheric Administration that promotes collaboration with other Federal ocean and undersea research and exploration programs. To the extent appropriate, the Administrator shall 

seek to facilitate coordination of data and information management 

systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and 

transfer of technologies to facilitate ocean and undersea research 

and exploration. 

SEC. 12003. POWERS AND DUTIES OF THE ADMINISTRATOR. 

(a) IN GENERAL.—In carrying out the program authorized by 

section 12002, the Administrator of the National Oceanic and 

Atmospheric Administration shall— 

(1) conduct interdisciplinary voyages or other scientific 

activities in conjunction with other Federal agencies or academic or educational institutions, to explore and survey little 

known areas of the marine environment, inventory, observe, 

and assess living and nonliving marine resources, and report 

such findings; 

(2) give priority attention to deep ocean regions, with a 

focus on deep water marine systems that hold potential for 

important scientific discoveries, such as hydrothermal vent 

communities and seamounts; 

(3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean 

exploration activities that combine archaeology and oceanographic sciences; 

(4) develop and implement, in consultation with the 

National Science Foundation, a transparent, competitive 

process for merit-based peer-review and approval of proposals 

for activities to be conducted under this program, taking into 

consideration advice of the Board established under section 

12005; 

(5) enhance the technical capability of the United States 

marine science community by promoting the development of 

improved oceanographic research, communication, navigation, 

and data collection systems, as well as underwater platforms 

and sensor and autonomous vehicles; and 

(6) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other 

33 USC 3403. 

33 USC 3402. 

33 USC 3401. 


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123 STAT. 1418 PUBLIC LAW 111–11—MAR. 30, 2009 

stakeholders in order to enhance the scientific and technical 

expertise and relevance of the national program. 

(b) DONATIONS.—The Administrator may accept donations of 

property, data, and equipment to be applied for the purpose of 

exploring the oceans or increasing knowledge of the oceans. 

SEC. 12004. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. 

(a) IN GENERAL.—The Administrator of the National Oceanic 

and Atmospheric Administration, in coordination with the National 

Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the Department of 

the Navy, the Mineral Management Service, and relevant governmental, non-governmental, academic, industry, and other experts, 

shall convene an ocean exploration and undersea research technology and infrastructure task force to develop and implement 

a strategy— 

(1) to facilitate transfer of new exploration and undersea 

research technology to the programs authorized under this 

part and part II of this subtitle; 

(2) to improve availability of communications infrastructure, including satellite capabilities, to such programs; 

(3) to develop an integrated, workable, and comprehensive 

data management information processing system that will make 

information on unique and significant features obtained by 

such programs available for research and management purposes; 

(4) to conduct public outreach activities that improve the 

public understanding of ocean science, resources, and processes, 

in conjunction with relevant programs of the National Oceanic 

and Atmospheric Administration, the National Science Foundation, and other agencies; and 

(5) to encourage cost-sharing partnerships with governmental and nongovernmental entities that will assist in 

transferring exploration and undersea research technology and 

technical expertise to the programs. 

(b) BUDGET COORDINATION.—The task force shall coordinate 

the development of agency budgets and identify the items in their 

annual budget that support the activities identified in the strategy 

developed under subsection (a). 

SEC. 12005. OCEAN EXPLORATION ADVISORY BOARD. 

(a) ESTABLISHMENT.—The Administrator of the National Oceanic and Atmospheric Administration shall appoint an Ocean Exploration Advisory Board composed of experts in relevant fields— 

(1) to advise the Administrator on priority areas for survey 

and discovery; 

(2) to assist the program in the development of a 5-year 

strategic plan for the fields of ocean, marine, and Great Lakes 

science, exploration, and discovery; 

(3) to annually review the quality and effectiveness of 

the proposal review process established under section 

12003(a)(4); and 

(4) to provide other assistance and advice as requested 

by the Administrator. 

(b) FEDERAL ADVISORY COMMITTEE ACT.—Section 14 of the 

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

to the Board appointed under subsection (a). 

33 USC 3405. 

Establishment. 

Strategic plan. 

33 USC 3404. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1419 

(c) APPLICATION WITH OUTER CONTINENTAL SHELF LANDS

ACT.—Nothing in part supersedes, or limits the authority of the 

Secretary of the Interior under the Outer Continental Shelf Lands 

Act (43 U.S.C. 1331 et seq.). 

SEC. 12006. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the National Oceanic 

and Atmospheric Administration to carry out this part— (1) $33,550,000 for fiscal year 2009; 

(2) $36,905,000 for fiscal year 2010; 

(3) $40,596,000 for fiscal year 2011; 

(4) $44,655,000 for fiscal year 2012; 

(5) $49,121,000 for fiscal year 2013; 

(6) $54,033,000 for fiscal year 2014; and 

(7) $59,436,000 for fiscal year 2015. 

PART II—NOAA UNDERSEA RESEARCH 

PROGRAM ACT OF 2009 

SEC. 12101. SHORT TITLE. 

This part may be cited as the ‘‘NOAA Undersea Research 

Program Act of 2009’’. 

SEC. 12102. PROGRAM ESTABLISHED. 

(a) IN GENERAL.—The Administrator of the National Oceanic 

and Atmospheric Administration shall establish and maintain an 

undersea research program and shall designate a Director of that 

program. 

(b) PURPOSE.—The purpose of the program is to increase scientific knowledge essential for the informed management, use, and 

preservation of oceanic, marine, and coastal areas and the Great 

Lakes. 

SEC. 12103. POWERS OF PROGRAM DIRECTOR. 

The Director of the program, in carrying out the program, 

shall— 

(1) cooperate with institutions of higher education and 

other educational marine and ocean science organizations, and 

shall make available undersea research facilities, equipment, 

technologies, information, and expertise to support undersea 

research efforts by these organizations; 

(2) enter into partnerships, as appropriate and using 

existing authorities, with the private sector to achieve the 

goals of the program and to promote technological advancement 

of the marine industry; and 

(3) coordinate the development of agency budgets and identify the items in their annual budget that support the activities 

described in paragraphs (1) and (2). 

SEC. 12104. ADMINISTRATIVE STRUCTURE. 

(a) IN GENERAL.—The program shall be conducted through 

a national headquarters, a network of extramural regional undersea 

research centers that represent all relevant National Oceanic and 

Atmospheric Administration regions, and the National Institute 

for Undersea Science and Technology. 

(b) DIRECTION.—The Director shall develop the overall direction 

of the program in coordination with a Council of Center Directors 

comprised of the directors of the extramural regional centers and 

Deadlines. 

Federal Register, 

publication. 

Public comment. 

33 USC 3423. 

33 USC 3422. 

33 USC 3421. 

NOAA Undersea 

Research 

Program Act 

of 2009. 

33 USC 3401 

note. 

33 USC 3406. 


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123 STAT. 1420 PUBLIC LAW 111–11—MAR. 30, 2009 

the National Institute for Undersea Science and Technology. The 

Director shall publish a draft program direction document not later 

than 1 year after the date of enactment of this Act in the Federal 

Register for a public comment period of not less than 120 days. 

The Director shall publish a final program direction, including 

responses to the comments received during the public comment 

period, in the Federal Register within 90 days after the close 

of the comment period. The program director shall update the 

program direction, with opportunity for public comment, at least 

every 5 years. 

SEC. 12105. RESEARCH, EXPLORATION, EDUCATION, AND TECHNOLOGY 

PROGRAMS. 

(a) IN GENERAL.—The following research, exploration, education, and technology programs shall be conducted through the 

network of regional centers and the National Institute for Undersea 

Science and Technology: 

(1) Core research and exploration based on national and 

regional undersea research priorities. 

(2) Advanced undersea technology development to support 

the National Oceanic and Atmospheric Administration’s 

research mission and programs. 

(3) Undersea science-based education and outreach programs to enrich ocean science education and public awareness 

of the oceans and Great Lakes. 

(4) Development, testing, and transition of advanced 

undersea technology associated with ocean observatories, 

submersibles, advanced diving technologies, remotely operated 

vehicles, autonomous underwater vehicles, and new sampling 

and sensing technologies. 

(5) Discovery, study, and development of natural resources 

and products from ocean, coastal, and aquatic systems. 

(b) OPERATIONS.—The Director of the program, through operation of the extramural regional centers and the National Institute 

for Undersea Science and Technology, shall leverage partnerships 

and cooperative research with academia and private industry. 

SEC. 12106. COMPETITIVENESS. 

(a) DISCRETIONARY FUND.—The Program shall allocate no more 

than 10 percent of its annual budget to a discretionary fund that 

may be used only for program administration and priority undersea 

research projects identified by the Director but not covered by 

funding available from centers. 

(b) COMPETITIVE SELECTION.—The Administrator shall conduct 

an initial competition to select the regional centers that will participate in the program 90 days after the publication of the final 

program direction under section 12104 and every 5 years thereafter. 

Funding for projects conducted through the regional centers shall 

be awarded through a competitive, merit-reviewed process on the 

basis of their relevance to the goals of the program and their 

technical feasibility. 

SEC. 12107. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the National Oceanic 

and Atmospheric Administration— 

(1) for fiscal year 2009— 

33 USC 3426. 

Deadlines. 

33 USC 3425. 

33 USC 3424. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1421 

(A) $13,750,000 for the regional centers, of which 50 

percent shall be for West Coast regional centers and 50 

percent shall be for East Coast regional centers; and (B) $5,500,000 for the National Technology Institute; 

(2) for fiscal year 2010— 

(A) $15,125,000 for the regional centers, of which 50 

percent shall be for West Coast regional centers and 50 

percent shall be for East Coast regional centers; and 

(B) $6,050,000 for the National Technology Institute; 

(3) for fiscal year 2011— 

(A) $16,638,000 for the regional centers, of which 50 

percent shall be for West Coast regional centers and 50 

percent shall be for East Coast regional centers; and 

(B) $6,655,000 for the National Technology Institute; 

(4) for fiscal year 2012— 

(A) $18,301,000 for the regional centers, of which 50 

percent shall be for West Coast regional centers and 50 

percent shall be for East Coast regional centers; and 

(B) $7,321,000 for the National Technology Institute; 

(5) for fiscal year 2013— 

(A) $20,131,000 for the regional centers, of which 50 

percent shall be for West Coast regional centers and 50 

percent shall be for East Coast regional centers; and 

(B) $8,053,000 for the National Technology Institute; 

(6) for fiscal year 2014— 

(A) $22,145,000 for the regional centers, of which 50 

percent shall be for West Coast regional centers and 50 

percent shall be for East Coast regional centers; and 

(B) $8,859,000 for the National Technology Institute; 

and 

(7) for fiscal year 2015— 

(A) $24,359,000 for the regional centers, of which 50 

percent shall be for West Coast regional centers and 50 

percent shall be for East Coast regional centers; and 

(B) $9,744,000 for the National Technology Institute. 

Subtitle B—Ocean and Coastal Mapping 

Integration Act 

SEC. 12201. SHORT TITLE. 

This subtitle may be cited as the ‘‘Ocean and Coastal Mapping 

Integration Act’’. 

SEC. 12202. ESTABLISHMENT OF PROGRAM. 

(a) IN GENERAL.—The President, in coordination with the Interagency Committee on Ocean and Coastal Mapping and affected 

coastal states, shall establish a program to develop a coordinated 

and comprehensive Federal ocean and coastal mapping plan for 

the Great Lakes and coastal state waters, the territorial sea, the 

exclusive economic zone, and the continental shelf of the United 

States that enhances ecosystem approaches in decision-making for 

conservation and management of marine resources and habitats, 

establishes research and mapping priorities, supports the siting 

of research and other platforms, and advances ocean and coastal 

science. 

President. 

33 USC 3501. 

33 USC 3501 

note. 

Ocean and 

Coastal Mapping 

Integration Act. 


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123 STAT. 1422 PUBLIC LAW 111–11—MAR. 30, 2009 

(b) MEMBERSHIP.—The Committee shall be comprised of highlevel representatives of the Department of Commerce, through the 

National Oceanic and Atmospheric Administration, the Department 

of the Interior, the National Science Foundation, the Department 

of Defense, the Environmental Protection Agency, the Department 

of Homeland Security, the National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean 

and coastal mapping. 

(c) PROGRAM PARAMETERS.—In developing such a program, the 

President, through the Committee, shall— 

(1) identify all Federal and federally-funded programs conducting shoreline delineation and ocean or coastal mapping, 

noting geographic coverage, frequency, spatial coverage, resolution, and subject matter focus of the data and location of 

data archives; 

(2) facilitate cost-effective, cooperative mapping efforts that 

incorporate policies for contracting with non-governmental entities among all Federal agencies conducting ocean and coastal 

mapping, by increasing data sharing, developing appropriate 

data acquisition and metadata standards, and facilitating the 

interoperability of in situ data collection systems, data processing, archiving, and distribution of data products; 

(3) facilitate the adaptation of existing technologies as well 

as foster expertise in new ocean and coastal mapping technologies, including through research, development, and training 

conducted among Federal agencies and in cooperation with 

non-governmental entities; 

(4) develop standards and protocols for testing innovative 

experimental mapping technologies and transferring new technologies between the Federal Government, coastal state, and 

non-governmental entities; 

(5) provide for the archiving, management, and distribution 

of data sets through a national registry as well as provide 

mapping products and services to the general public in service 

of statutory requirements; 

(6) develop data standards and protocols consistent with 

standards developed by the Federal Geographic Data Committee for use by Federal, coastal state, and other entities 

in mapping and otherwise documenting locations of federally 

permitted activities, living and nonliving coastal and marine 

resources, marine ecosystems, sensitive habitats, submerged 

cultural resources, undersea cables, offshore aquaculture 

projects, offshore energy projects, and any areas designated 

for purposes of environmental protection or conservation and 

management of living and nonliving coastal and marine 

resources; 

(7) identify the procedures to be used for coordinating the 

collection and integration of Federal ocean and coastal mapping 

data with coastal state and local government programs; 

(8) facilitate, to the extent practicable, the collection of 

real-time tide data and the development of hydrodynamic 

models for coastal areas to allow for the application of Vdatum tools that will facilitate the seamless integration of 

onshore and offshore maps and charts; 

(9) establish a plan for the acquisition and collection of 

ocean and coastal mapping data; and 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1423 

(10) set forth a timetable for completion and implementation of the plan. 

SEC. 12203. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL MAPPING. 

(a) IN GENERAL.—The Administrator of the National Oceanic 

and Atmospheric Administration, within 30 days after the date 

of enactment of this Act, shall convene or utilize an existing interagency committee on ocean and coastal mapping to implement 

section 12202. 

(b) MEMBERSHIP.—The committee shall be comprised of senior 

representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities. The representatives shall be 

high-ranking officials of their respective agencies or departments 

and, whenever possible, the head of the portion of the agency 

or department that is most relevant to the purposes of this subtitle. 

Membership shall include senior representatives from the National 

Oceanic and Atmospheric Administration, the Chief of Naval Operations, the United States Geological Survey, the Minerals Management Service, the National Science Foundation, the National 

Geospatial-Intelligence Agency, the United States Army Corps of 

Engineers, the Coast Guard, the Environmental Protection Agency, 

the Federal Emergency Management Agency, the National Aeronautics and Space Administration, and other appropriate Federal 

agencies involved in ocean and coastal mapping. 

(c) CO-CHAIRMEN.—The Committee shall be co-chaired by the 

representative of the Department of Commerce and a representative 

of the Department of the Interior. 

(d) SUBCOMMITTEE.—The co-chairmen shall establish a subcommittee to carry out the day-to-day work of the Committee, 

comprised of senior representatives of any member agency of the 

committee. Working groups may be formed by the full Committee 

to address issues of short duration. The subcommittee shall be 

chaired by the representative from the National Oceanic and 

Atmospheric Administration. The chairmen of the Committee may 

create such additional subcommittees and working groups as may 

be needed to carry out the work of Committee. 

(e) MEETINGS.—The committee shall meet on a quarterly basis, 

but each subcommittee and each working group shall meet on 

an as-needed basis. 

(f) COORDINATION.—The committee shall coordinate activities 

when appropriate, with— 

(1) other Federal efforts, including the Digital Coast, 

Geospatial One-Stop, and the Federal Geographic Data Committee; 

(2) international mapping activities; 

(3) coastal states; 

(4) user groups through workshops and other appropriate 

mechanisms; and 

(5) representatives of nongovernmental entities. 

(g) ADVISORY PANEL.—The Administrator may convene an ocean 

and coastal mapping advisory panel consisting of representatives 

from non-governmental entities to provide input regarding activities 

of the committee in consultation with the interagency committee. 

SEC. 12204. BIENNIAL REPORTS. 

No later than 18 months after the date of enactment of this 

Act, and biennially thereafter, the co-chairmen of the Committee 

33 USC 3503. 

Deadline. 

Establishment. 

33 USC 3502. 


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123 STAT. 1424 PUBLIC LAW 111–11—MAR. 30, 2009 

shall transmit to the Committees on Commerce, Science, and 

Transportation and Energy and Natural Resources of the Senate 

and the Committee on Natural Resources of the House of Representatives a report detailing progress made in implementing this subtitle, including— 

(1) an inventory of ocean and coastal mapping data within 

the territorial sea and the exclusive economic zone and throughout the Continental Shelf of the United States, noting the 

age and source of the survey and the spatial resolution 

(metadata) of the data; 

(2) identification of priority areas in need of survey coverage 

using present technologies; 

(3) a resource plan that identifies when priority areas 

in need of modern ocean and coastal mapping surveys can 

be accomplished; 

(4) the status of efforts to produce integrated digital maps 

of ocean and coastal areas; 

(5) a description of any products resulting from coordinated 

mapping efforts under this subtitle that improve public understanding of the coasts and oceans, or regulatory decisionmaking; 

(6) documentation of minimum and desired standards for 

data acquisition and integrated metadata; 

(7) a statement of the status of Federal efforts to leverage 

mapping technologies, coordinate mapping activities, share 

expertise, and exchange data; 

(8) a statement of resource requirements for organizations 

to meet the goals of the program, including technology needs 

for data acquisition, processing, and distribution systems; 

(9) a statement of the status of efforts to declassify data 

gathered by the Navy, the National Geospatial-Intelligence 

Agency, and other agencies to the extent possible without jeopardizing national security, and make it available to partner 

agencies and the public; 

(10) a resource plan for a digital coast integrated mapping 

pilot project for the northern Gulf of Mexico that will— 

(A) cover the area from the authorized coastal counties 

through the territorial sea; 

(B) identify how such a pilot project will leverage public 

and private mapping data and resources, such as the 

United States Geological Survey National Map, to result 

in an operational coastal change assessment program for 

the subregion; 

(11) the status of efforts to coordinate Federal programs 

with coastal state and local government programs and leverage 

those programs; 

(12) a description of efforts of Federal agencies to increase 

contracting with nongovernmental entities; and 

(13) an inventory and description of any new Federal or 

federally funded programs conducting shoreline delineation and 

ocean or coastal mapping since the previous reporting cycle. 

SEC. 12205. PLAN. 

(a) IN GENERAL.—Not later than 6 months after the date of 

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

Committee, shall develop and submit to the Congress a plan for 

an integrated ocean and coastal mapping initiative within the 

National Oceanic and Atmospheric Administration. 

Deadline. 

33 USC 3504. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1425 

(b) PLAN REQUIREMENTS.—The plan shall— 

(1) identify and describe all ocean and coastal mapping 

programs within the agency, including those that conduct mapping or related activities in the course of existing missions, 

such as hydrographic surveys, ocean exploration projects, living 

marine resource conservation and management programs, 

coastal zone management projects, and ocean and coastal 

observations and science projects; 

(2) establish priority mapping programs and establish and 

periodically update priorities for geographic areas in surveying 

and mapping across all missions of the National Oceanic and 

Atmospheric Administration, as well as minimum data acquisition and metadata standards for those programs; 

(3) encourage the development of innovative ocean and 

coastal mapping technologies and applications, through 

research and development through cooperative or other agreements with joint or cooperative research institutes or centers 

and with other non-governmental entities; 

(4) document available and developing technologies, best 

practices in data processing and distribution, and leveraging 

opportunities with other Federal agencies, coastal states, and 

non-governmental entities; 

(5) identify training, technology, and other resource requirements for enabling the National Oceanic and Atmospheric 

Administration’s programs, vessels, and aircraft to support a 

coordinated ocean and coastal mapping program; 

(6) identify a centralized mechanism or office for coordinating data collection, processing, archiving, and dissemination 

activities of all such mapping programs within the National 

Oceanic and Atmospheric Administration that meets Federal 

mandates for data accuracy and accessibility and designate 

a repository that is responsible for archiving and managing 

the distribution of all ocean and coastal mapping data to simplify the provision of services to benefit Federal and coastal 

state programs; and 

(7) set forth a timetable for implementation and completion 

of the plan, including a schedule for submission to the Congress 

of periodic progress reports and recommendations for integrating approaches developed under the initiative into the interagency program. 

(c) NOAA JOINT OCEAN AND COASTAL MAPPING CENTERS.— 

The Administrator may maintain and operate up to 3 joint ocean 

and coastal mapping centers, including a joint hydrographic center, 

which shall each be co-located with an institution of higher education. The centers shall serve as hydrographic centers of excellence 

and may conduct activities necessary to carry out the purposes 

of this subtitle, including— 

(1) research and development of innovative ocean and 

coastal mapping technologies, equipment, and data products; 

(2) mapping of the United States Outer Continental Shelf 

and other regions; 

(3) data processing for nontraditional data and uses; 

(4) advancing the use of remote sensing technologies, for 

related issues, including mapping and assessment of essential 

fish habitat and of coral resources, ocean observations, and 

ocean exploration; and 


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123 STAT. 1426 PUBLIC LAW 111–11—MAR. 30, 2009 

(5) providing graduate education and training in ocean 

and coastal mapping sciences for members of the National 

Oceanic and Atmospheric Administration Commissioned Officer 

Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel. 

(d) NOAA REPORT.—The Administrator shall continue developing a strategy for expanding contracting with non-governmental 

entities to minimize duplication and take maximum advantage of 

nongovernmental capabilities in fulfilling the Administration’s mapping and charting responsibilities. Within 120 days after the date 

of enactment of this Act, the Administrator shall transmit a report 

describing the strategy developed under this subsection to the Committee on Commerce, Science, and Transportation of the Senate 

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

SEC. 12206. EFFECT ON OTHER LAWS. 

Nothing in this subtitle shall be construed to supersede or 

alter the existing authorities of any Federal agency with respect 

to ocean and coastal mapping. 

SEC. 12207. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—In addition to the amounts authorized by 

section 306 of the Hydrographic Services Improvement Act of 1998 

(33 U.S.C. 892d), there are authorized to be appropriated to the 

Administrator to carry out this subtitle— 

(1) $26,000,000 for fiscal year 2009; 

(2) $32,000,000 for fiscal year 2010; 

(3) $38,000,000 for fiscal year 2011; and 

(4) $45,000,000 for each of fiscal years 2012 through 2015. 

(b) JOINT OCEAN AND COASTAL MAPPING CENTERS.—Of the 

amounts appropriated pursuant to subsection (a), the following 

amounts shall be used to carry out section 12205(c) of this subtitle: 

(1) $11,000,000 for fiscal year 2009. 

(2) $12,000,000 for fiscal year 2010. 

(3) $13,000,000 for fiscal year 2011. 

(4) $15,000,000 for each of fiscal years 2012 through 2015. 

(c) COOPERATIVE AGREEMENTS.—To carry out interagency 

activities under section 12203 of this subtitle, the head of any 

department or agency may execute a cooperative agreement with 

the Administrator, including those authorized by section 5 of the 

Act of August 6, 1947 (33 U.S.C. 883e). 

SEC. 12208. DEFINITIONS. 

In this subtitle: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’ ’’ means the 

Administrator of the National Oceanic and Atmospheric 

Administration. 

(2) COASTAL STATE.—The term ‘‘coastal state’’ has the 

meaning given that term by section 304(4) of the Coastal Zone 

Management Act of 1972 (16 U.S.C. 1453(4). 

(3) COMMITTEE.—The term ‘‘Committee’’ means the Interagency Ocean and Coastal Mapping Committee established by 

section 12203. 

(4) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘exclusive economic zone’’ means the exclusive economic zone of the United 

States established by Presidential Proclamation No. 5030, of 

March 10, 1983. 

33 USC 3507. 

33 USC 3506. 

33 USC 3505. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1427 

(5) OCEAN AND COASTAL MAPPING.—The term ‘‘ocean and 

coastal mapping’’ means the acquisition, processing, and 

management of physical, biological, geological, chemical, and 

archaeological characteristics and boundaries of ocean and 

coastal areas, resources, and sea beds through the use of acoustics, satellites, aerial photogrammetry, light and imaging, direct 

sampling, and other mapping technologies. 

(6) TERRITORIAL SEA.—The term ‘‘territorial sea’’ means 

the belt of sea measured from the baseline of the United States 

determined in accordance with international law, as set forth 

in Presidential Proclamation Number 5928, dated December 

27, 1988. 

(7) NONGOVERNMENTAL ENTITIES.—The term ‘‘nongovernmental entities’’ includes nongovernmental organizations, members of the academic community, and private sector organizations that provide products and services associated with measuring, locating, and preparing maps, charts, surveys, aerial 

photographs, satellite imagines, or other graphical or digital 

presentations depicting natural or manmade physical features, 

phenomena, and legal boundaries of the Earth. 

(8) OUTER CONTINENTAL SHELF.—The term ‘‘Outer Continental Shelf’’ means all submerged lands lying seaward and 

outside of lands beneath navigable waters (as that term is 

defined in section 2 of the Submerged Lands Act (43 U.S.C. 

1301)), and of which the subsoil and seabed appertain to the 

United States and are subject to its jurisdiction and control. 

Subtitle C—Integrated Coastal and Ocean 

Observation System Act of 2009 

SEC. 12301. SHORT TITLE. 

This subtitle may be cited as the ‘‘Integrated Coastal and 

Ocean Observation System Act of 2009’’. 

SEC. 12302. PURPOSES. 

The purposes of this subtitle are to— 

(1) establish a national integrated System of ocean, coastal, 

and Great Lakes observing systems, comprised of Federal and 

non-Federal components coordinated at the national level by 

the National Ocean Research Leadership Council and at the 

regional level by a network of regional information coordination 

entities, and that includes in situ, remote, and other coastal 

and ocean observation, technologies, and data management and 

communication systems, and is designed to address regional 

and national needs for ocean information, to gather specific 

data on key coastal, ocean, and Great Lakes variables, and 

to ensure timely and sustained dissemination and availability 

of these data to— 

(A) support national defense, marine commerce, 

navigation safety, weather, climate, and marine forecasting, 

energy siting and production, economic development, ecosystem-based marine, coastal, and Great Lakes resource 

management, public safety, and public outreach training 

and education; 

33 USC 3601. 

Integrated 

Coastal and 

Ocean 

Observation 

System Act 

of 2009. 

33 USC 3601 

note. 


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123 STAT. 1428 PUBLIC LAW 111–11—MAR. 30, 2009 

(B) promote greater public awareness and stewardship 

of the Nation’s ocean, coastal, and Great Lakes resources 

and the general public welfare; and 

(C) enable advances in scientific understanding to support the sustainable use, conservation, management, and 

understanding of healthy ocean, coastal, and Great Lakes 

resources; 

(2) improve the Nation’s capability to measure, track, 

explain, and predict events related directly and indirectly to 

weather and climate change, natural climate variability, and 

interactions between the oceanic and atmospheric environments, including the Great Lakes; and 

(3) authorize activities to promote basic and applied 

research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies, modeling 

systems, and other scientific and technological capabilities to 

improve our conceptual understanding of weather and climate, 

ocean-atmosphere dynamics, global climate change, physical, 

chemical, and biological dynamics of the ocean, coastal and 

Great Lakes environments, and to conserve healthy and restore 

degraded coastal ecosystems. 

SEC. 12303. DEFINITIONS. 

In this subtitle: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Under Secretary of Commerce for Oceans and Atmosphere in 

the Under Secretary’s capacity as Administrator of the National 

Oceanic and Atmospheric Administration. 

(2) COUNCIL.—The term ‘‘Council’’ means the National 

Ocean Research Leadership Council established by section 7902 

of title 10, United States Code. 

(3) FEDERAL ASSETS.—The term ‘‘Federal assets’’ means 

all relevant non-classified civilian coastal and ocean observations, technologies, and related modeling, research, data 

management, basic and applied technology research and 

development, and public education and outreach programs, that 

are managed by member agencies of the Council. 

(4) INTERAGENCY OCEAN OBSERVATION COMMITTEE.—The 

term ‘‘Interagency Ocean Observation Committee’’ means the 

committee established under section 12304(c)(2). 

(5) NON-FEDERAL ASSETS.—The term ‘‘non-Federal assets’’ 

means all relevant coastal and ocean observation technologies, 

related basic and applied technology research and development, 

and public education and outreach programs that are integrated 

into the System and are managed through States, regional 

organizations, universities, nongovernmental organizations, or 

the private sector. 

(6) REGIONAL INFORMATION COORDINATION ENTITIES.— 

(A) IN GENERAL.—The term ‘‘regional information 

coordination entity’’ means an organizational body that 

is certified or established by contract or memorandum by 

the lead Federal agency designated in section 12304(c)(3) 

of this subtitle and coordinates State, Federal, local, and 

private interests at a regional level with the responsibility 

of engaging the private and public sectors in designing, 

operating, and improving regional coastal and ocean 

observing systems in order to ensure the provision of data 

33 USC 3602. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1429 

and information that meet the needs of user groups from 

the respective regions. 

(B) CERTAIN INCLUDED ASSOCIATIONS.—The term 

‘‘regional information coordination entity’’ includes regional 

associations described in the System Plan. 

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

of Commerce, acting through the National Oceanic and 

Atmospheric Administration. 

(8) SYSTEM.—The term ‘‘System’’ means the National 

Integrated Coastal and Ocean Observation System established 

under section 12304. 

(9) SYSTEM PLAN.—The term ‘‘System Plan’’ means the 

plan contained in the document entitled ‘‘Ocean. US Publication 

No. 9, The First Integrated Ocean Observing System (IOOS) 

Development Plan’’, as updated by the Council under this subtitle. 

SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM. 

(a) ESTABLISHMENT.—The President, acting through the 

Council, shall establish a National Integrated Coastal and Ocean 

Observation System to fulfill the purposes set forth in section 

12302 of this subtitle and the System Plan and to fulfill the Nation’s 

international obligations to contribute to the Global Earth Observation System of Systems and the Global Ocean Observing System. 

(b) SYSTEM ELEMENTS.— 

(1) IN GENERAL.—In order to fulfill the purposes of this 

subtitle, the System shall be national in scope and consist 

of— 

(A) Federal assets to fulfill national and international 

observation missions and priorities; 

(B) non-Federal assets, including a network of regional 

information coordination entities identified under subsection (c)(4), to fulfill regional observation missions and 

priorities; 

(C) data management, communication, and modeling 

systems for the timely integration and dissemination of 

data and information products from the System; 

(D) a research and development program conducted 

under the guidance of the Council, consisting of— 

(i) basic and applied research and technology 

development to improve understanding of coastal and 

ocean systems and their relationships to human activities and to ensure improvement of operational assets 

and products, including related infrastructure, 

observing technologies, and information and data processing and management technologies; and 

(ii) large scale computing resources and research 

to advance modeling of coastal and ocean processes. 

(2) ENHANCING ADMINISTRATION AND MANAGEMENT.—The 

head of each Federal agency that has administrative jurisdiction over a Federal asset shall support the purposes of this 

subtitle and may take appropriate actions to enhance internal 

agency administration and management to better support, 

integrate, finance, and utilize observation data, products, and 

services developed under this section to further its own agency 

mission and responsibilities. 

President. 

33 USC 3603. 


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(3) AVAILABILITY OF DATA.—The head of each Federal 

agency that has administrative jurisdiction over a Federal asset 

shall make available data that are produced by that asset 

and that are not otherwise restricted for integration, management, and dissemination by the System. 

(4) NON-FEDERAL ASSETS.—Non-Federal assets shall be 

coordinated, as appropriate, by the Interagency Ocean 

Observing Committee or by regional information coordination 

entities. 

(c) POLICY OVERSIGHT, ADMINISTRATION, AND REGIONAL

COORDINATION.— 

(1) COUNCIL FUNCTIONS.—The Council shall serve as the 

policy and coordination oversight body for all aspects of the 

System. In carrying out its responsibilities under this subtitle, 

the Council shall— 

(A) approve and adopt comprehensive System budgets 

developed and maintained by the Interagency Ocean 

Observation Committee to support System operations, 

including operations of both Federal and non-Federal 

assets; 

(B) ensure coordination of the System with other 

domestic and international earth observing activities 

including the Global Ocean Observing System and the 

Global Earth Observing System of Systems, and provide, 

as appropriate, support for and representation on United 

States delegations to international meetings on coastal and 

ocean observing programs; and 

(C) encourage coordinated intramural and extramural 

research and technology development, and a process to 

transition developing technology and methods into operations of the System. 

(2) INTERAGENCY OCEAN OBSERVATION COMMITTEE.—The 

Council shall establish or designate an Interagency Ocean 

Observation Committee which shall— 

(A) prepare annual and long-term plans for consideration and approval by the Council for the integrated design, 

operation, maintenance, enhancement and expansion of the 

System to meet the objectives of this subtitle and the 

System Plan; 

(B) develop and transmit to Congress at the time of 

submission of the President’s annual budget request an 

annual coordinated, comprehensive budget to operate all 

elements of the System identified in subsection (b), and 

to ensure continuity of data streams from Federal and 

non-Federal assets; 

(C) establish required observation data variables to 

be gathered by both Federal and non-Federal assets and 

identify, in consultation with regional information coordination entities, priorities for System observations; 

(D) establish protocols and standards for System data 

processing, management, and communication; 

(E) develop contract certification standards and compliance procedures for all non-Federal assets, including 

regional information coordination entities, to establish eligibility for integration into the System and to ensure compliance with all applicable standards and protocols established 

Standards. 

Procedures. 

Budget. 

Plans. 

Establishment. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1431 

by the Council, and ensure that regional observations are 

integrated into the System on a sustained basis; 

(F) identify gaps in observation coverage or needs for 

capital improvements of both Federal assets and non-Federal assets; 

(G) subject to the availability of appropriations, establish through one or more participating Federal agencies, 

in consultation with the System advisory committee established under subsection (d), a competitive matching grant 

or other programs— 

(i) to promote intramural and extramural research 

and development of new, innovative, and emerging 

observation technologies including testing and field 

trials; and 

(ii) to facilitate the migration of new, innovative, 

and emerging scientific and technological advances 

from research and development to operational deployment; 

(H) periodically review and recommend to the Council, 

in consultation with the Administrator, revisions to the 

System Plan; 

(I) ensure collaboration among Federal agencies participating in the activities of the Committee; and 

(J) perform such additional duties as the Council may 

delegate. 

(3) LEAD FEDERAL AGENCY.—The National Oceanic and 

Atmospheric Administration shall function as the lead Federal 

agency for the implementation and administration of the 

System, in consultation with the Council, the Interagency 

Ocean Observation Committee, other Federal agencies that 

maintain portions of the System, and the regional information 

coordination entities, and shall— 

(A) establish an Integrated Ocean Observing Program 

Office within the National Oceanic and Atmospheric 

Administration utilizing to the extent necessary, personnel 

from member agencies participating on the Interagency 

Ocean Observation Committee, to oversee daily operations 

and coordination of the System; 

(B) implement policies, protocols, and standards 

approved by the Council and delegated by the Interagency 

Ocean Observing Committee; 

(C) promulgate program guidelines to certify and 

integrate non-Federal assets, including regional information coordination entities, into the System to provide 

regional coastal and ocean observation data that meet the 

needs of user groups from the respective regions; 

(D) have the authority to enter into and oversee contracts, leases, grants or cooperative agreements with nonFederal assets, including regional information coordination 

entities, to support the purposes of this subtitle on such 

terms as the Administrator deems appropriate; 

(E) implement a merit-based, competitive funding 

process to support non-Federal assets, including the 

development and maintenance of a network of regional 

information coordination entities, and develop and implement a process for the periodic review and evaluation of 

Contracts. 

Grants. 

Guidelines. 

Certification. 

Government 

organization. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 1432 PUBLIC LAW 111–11—MAR. 30, 2009 

all non-Federal assets, including regional information 

coordination entities; 

(F) provide opportunities for competitive contracts and 

grants for demonstration projects to design, develop, 

integrate, deploy, and support components of the System; 

(G) establish efficient and effective administrative 

procedures for allocation of funds among contractors, 

grantees, and non-Federal assets, including regional 

information coordination entities in a timely manner, and 

contingent on appropriations according to the budget 

adopted by the Council; 

(H) develop and implement a process for the periodic 

review and evaluation of regional information coordination 

entities; 

(I) formulate an annual process by which gaps in 

observation coverage or needs for capital improvements 

of Federal assets and non-Federal assets of the System 

are identified by the regional information coordination entities, the Administrator, or other members of the System 

and transmitted to the Interagency Ocean Observing Committee; 

(J) develop and be responsible for a data management 

and communication system, in accordance with standards 

and protocols established by the Council, by which all 

data collected by the System regarding ocean and coastal 

waters of the United States including the Great Lakes, 

are processed, stored, integrated, and made available to 

all end-user communities; 

(K) implement a program of public education and outreach to improve public awareness of global climate change 

and effects on the ocean, coastal, and Great Lakes environment; 

(L) report annually to the Interagency Ocean Observing 

Committee on the accomplishments, operational needs, and 

performance of the System to contribute to the annual 

and long-term plans developed pursuant to subsection 

(c)(2)(A)(i); and 

(M) develop a plan to efficiently integrate into the 

System new, innovative, or emerging technologies that have 

been demonstrated to be useful to the System and which 

will fulfill the purposes of this subtitle and the System 

Plan. 

(4) REGIONAL INFORMATION COORDINATION ENTITIES.— 

(A) IN GENERAL.—To be certified or established under 

this subtitle, a regional information coordination entity 

shall be certified or established by contract or agreement 

by the Administrator, and shall agree to meet the certification standards and compliance procedure guidelines 

issued by the Administrator and information needs of user 

groups in the region while adhering to national standards 

and shall— 

(i) demonstrate an organizational structure 

capable of gathering required System observation data, 

supporting and integrating all aspects of coastal and 

ocean observing and information programs within a 

region and that reflects the needs of State and local 

governments, commercial interests, and other users 

Certification. 

Contract. 

Guidelines. 

Plan. 

Reports. 

Deadline. 

Public 

information. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1433 

and beneficiaries of the System and other requirements 

specified under this subtitle and the System Plan; 

(ii) identify gaps in observation coverage needs 

for capital improvements of Federal assets and nonFederal assets of the System, or other recommendations to assist in the development of the annual and 

long-term plans created pursuant to subsection 

(c)(2)(A)(i) and transmit such information to the Interagency Ocean Observing Committee via the Program 

Office; 

(iii) develop and operate under a strategic operational plan that will ensure the efficient and effective 

administration of programs and assets to support daily 

data observations for integration into the System, 

pursuant to the standards approved by the Council; 

(iv) work cooperatively with governmental and 

non-governmental entities at all levels to identify and 

provide information products of the System for multiple 

users within the service area of the regional information coordination entities; and 

(v) comply with all financial oversight requirements established by the Administrator, including 

requirements relating to audits. 

(B) PARTICIPATION.—For the purposes of this subtitle, 

employees of Federal agencies may participate in the functions of the regional information coordination entities. 

(d) SYSTEM ADVISORY COMMITTEE.— 

(1) IN GENERAL.—The Administrator shall establish or designate a System advisory committee, which shall provide advice 

as may be requested by the Administrator or the Interagency 

Ocean Observing Committee. 

(2) PURPOSE.—The purpose of the System advisory committee is to advise the Administrator and the Interagency 

Ocean Observing Committee on— 

(A) administration, operation, management, and 

maintenance of the System, including integration of Federal and non-Federal assets and data management and 

communication aspects of the System, and fulfillment of 

the purposes set forth in section 12302; 

(B) expansion and periodic modernization and upgrade 

of technology components of the System; 

(C) identification of end-user communities, their needs 

for information provided by the System, and the System’s 

effectiveness in disseminating information to end-user 

communities and the general public; and 

(D) any other purpose identified by the Administrator 

or the Interagency Ocean Observing Committee. 

(3) MEMBERS.— 

(A) IN GENERAL.—The System advisory committee shall 

be composed of members appointed by the Administrator. 

Members shall be qualified by education, training, and 

experience to evaluate scientific and technical information 

related to the design, operation, maintenance, or use of 

the System, or use of data products provided through the 

System. 

(B) TERMS OF SERVICE.—Members shall be appointed 

for 3-year terms, renewable once. A vacancy appointment 

Establishment. 


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123 STAT. 1434 PUBLIC LAW 111–11—MAR. 30, 2009 

shall be for the remainder of the unexpired term of the 

vacancy, and an individual so appointed may subsequently 

be appointed for 2 full 3-year terms if the remainder of 

the unexpired term is less than 1 year. 

(C) CHAIRPERSON.—The Administrator shall designate 

a chairperson from among the members of the System 

advisory committee. 

(D) APPOINTMENT.—Members of the System advisory 

committee shall be appointed as special Government 

employees for purposes of section 202(a) of title 18, United 

States Code. 

(4) ADMINISTRATIVE PROVISIONS.— (A) REPORTING.—The System advisory committee shall 

report to the Administrator and the Interagency Ocean 

Observing Committee, as appropriate. 

(B) ADMINISTRATIVE SUPPORT.—The Administrator 

shall provide administrative support to the System advisory 

committee. 

(C) MEETINGS.—The System advisory committee shall 

meet at least once each year, and at other times at the 

call of the Administrator, the Interagency Ocean Observing 

Committee, or the chairperson. 

(D) COMPENSATION AND EXPENSES.—Members of the 

System advisory committee shall not be compensated for 

service on that Committee, but may be allowed travel 

expenses, including per diem in lieu of subsistence, in 

accordance with subchapter I of chapter 57 of title 5, United 

States Code. 

(E) EXPIRATION.—Section 14 of the Federal Advisory 

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

System advisory committee. 

(e) CIVIL LIABILITY.—For purposes of determining liability 

arising from the dissemination and use of observation data gathered 

pursuant to this section, any non-Federal asset or regional information coordination entity incorporated into the System by contract, 

lease, grant, or cooperative agreement under subsection (c)(3)(D) 

that is participating in the System shall be considered to be part 

of the National Oceanic and Atmospheric Administration. Any 

employee of such a non-Federal asset or regional information 

coordination entity, while operating within the scope of his or 

her employment in carrying out the purposes of this subtitle, with 

respect to tort liability, is deemed to be an employee of the Federal 

Government. 

(f) LIMITATION.—Nothing in this subtitle shall be construed 

to invalidate existing certifications, contracts, or agreements 

between regional information coordination entities and other elements of the System. 

SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS. 

(a) IN GENERAL.—To carry out interagency activities under 

this subtitle, the Secretary of Commerce may execute cooperative 

agreements, or any other agreements, with, and receive and expend 

funds made available by, any State or subdivision thereof, any 

Federal agency, or any public or private organization, or individual. 

(b) RECIPROCITY.—Member Departments and agencies of the 

Council shall have the authority to create, support, and maintain 

joint centers, and to enter into and perform such contracts, leases, 

33 USC 3604. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1435 

grants, and cooperative agreements as may be necessary to carry 

out the purposes of this subtitle and fulfillment of the System 

Plan. 

SEC. 12306. APPLICATION WITH OTHER LAWS. 

Nothing in this subtitle supersedes or limits the authority 

of any agency to carry out its responsibilities and missions under 

other laws. 

SEC. 12307. REPORT TO CONGRESS. 

(a) REQUIREMENT.—Not later than 2 years after the date of 

the enactment of this Act and every 2 years thereafter, the Administrator shall prepare and the President acting through the Council 

shall approve and transmit to the Congress a report on progress 

made in implementing this subtitle. 

(b) CONTENTS.—The report shall include— 

(1) a description of activities carried out under this subtitle 

and the System Plan; 

(2) an evaluation of the effectiveness of the System, 

including an evaluation of progress made by the Council to 

achieve the goals identified under the System Plan; 

(3) identification of Federal and non-Federal assets as 

determined by the Council that have been integrated into the 

System, including assets essential to the gathering of required 

observation data variables necessary to meet the respective 

missions of Council agencies; 

(4) a review of procurements, planned or initiated, by each 

Council agency to enhance, expand, or modernize the observation capabilities and data products provided by the System, 

including data management and communication subsystems; 

(5) an assessment regarding activities to integrate Federal 

and non-Federal assets, nationally and on the regional level, 

and discussion of the performance and effectiveness of regional 

information coordination entities to coordinate regional observation operations; 

(6) a description of benefits of the program to users of 

data products resulting from the System (including the general 

public, industries, scientists, resource managers, emergency 

responders, policy makers, and educators); 

(7) recommendations concerning— 

(A) modifications to the System; and 

(B) funding levels for the System in subsequent fiscal 

years; and 

(8) the results of a periodic external independent programmatic audit of the System. 

SEC. 12308. PUBLIC-PRIVATE USE POLICY. 

The Council shall develop a policy within 6 months after the 

date of the enactment of this Act that defines processes for making 

decisions about the roles of the Federal Government, the States, 

regional information coordination entities, the academic community, 

and the private sector in providing to end-user communities environmental information, products, technologies, and services related 

to the System. The Council shall publish the policy in the Federal 

Register for public comment for a period not less than 60 days. 

Nothing in this section shall be construed to require changes in 

policy in effect on the date of enactment of this Act. 

Federal Register, 

publication. 

Public comment. 

Time period. 

Deadline. 

33 USC 3607. 

President. 

33 USC 3606. 

33 USC 3605. 


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123 STAT. 1436 PUBLIC LAW 111–11—MAR. 30, 2009 

SEC. 12309. INDEPENDENT COST ESTIMATE. 

Within 1 year after the date of enactment of this Act, the 

Interagency Ocean Observation Committee, through the Administrator and the Director of the National Science Foundation, shall 

obtain an independent cost estimate for operations and maintenance 

of existing Federal assets of the System, and planned or anticipated 

acquisition, operation, and maintenance of new Federal assets for 

the System, including operation facilities, observation equipment, 

modeling and software, data management and communication, and 

other essential components. The independent cost estimate shall 

be transmitted unabridged and without revision by the Administrator to Congress. 

SEC. 12310. INTENT OF CONGRESS. 

It is the intent of Congress that funding provided to agencies 

of the Council to implement this subtitle shall supplement, and 

not replace, existing sources of funding for other programs. It is 

the further intent of Congress that agencies of the Council shall 

not enter into contracts or agreements for the development or 

procurement of new Federal assets for the System that are estimated to be in excess of $250,000,000 in life-cycle costs without 

first providing adequate notice to Congress and opportunity for 

review and comment. 

SEC. 12311. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary of 

Commerce for fiscal years 2009 through 2013 such sums as are 

necessary to fulfill the purposes of this subtitle and support activities identified in the annual coordinated System budget developed 

by the Interagency Ocean Observation Committee and submitted 

to the Congress. 

Subtitle D—Federal Ocean Acidification 

Research and Monitoring Act of 2009 

SEC. 12401. SHORT TITLE. 

This subtitle may be cited as the ‘‘Federal Ocean Acidification 

Research And Monitoring Act of 2009’’ or the ‘‘FOARAM Act’’. 

SEC. 12402. PURPOSES. 

(a) PURPOSES.—The purposes of this subtitle are to provide 

for— 

(1) development and coordination of a comprehensive interagency plan to— 

(A) monitor and conduct research on the processes 

and consequences of ocean acidification on marine organisms and ecosystems; and 

(B) establish an interagency research and monitoring 

program on ocean acidification; 

(2) establishment of an ocean acidification program within 

the National Oceanic and Atmospheric Administration; 

(3) assessment and consideration of regional and national 

ecosystem and socioeconomic impacts of increased ocean acidification; and 

33 USC 3701. 

33 USC 3701 

note. 

Federal Ocean 

Acidification 

Research and 

Monitoring Act 

of 2009. 

33 USC 3610. 

33 USC 3609. 

Deadline. 

33 USC 3608. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1437 

(4) research adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased 

ocean acidification. 

SEC. 12403. DEFINITIONS. 

In this subtitle: 

(1) OCEAN ACIDIFICATION.—The term ‘‘ocean acidification’’ 

means the decrease in pH of the Earth’s oceans and changes 

in ocean chemistry caused by chemical inputs from the 

atmosphere, including carbon dioxide. 

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

of Commerce, acting through the Administrator of the National 

Oceanic and Atmospheric Administration. 

(3) SUBCOMMITTEE.—The term ‘‘Subcommittee’’ means the 

Joint Subcommittee on Ocean Science and Technology of the 

National Science and Technology Council. 

SEC. 12404. INTERAGENCY SUBCOMMITTEE. 

(a) DESIGNATION.— (1) IN GENERAL.—The Joint Subcommittee on Ocean Science 

and Technology of the National Science and Technology Council 

shall coordinate Federal activities on ocean acidification and 

establish an interagency working group. 

(2) MEMBERSHIP.—The interagency working group on ocean 

acidification shall be comprised of senior representatives from 

the National Oceanic and Atmospheric Administration, the 

National Science Foundation, the National Aeronautics and 

Space Administration, the United States Geological Survey, 

the United States Fish and Wildlife Service, and such other 

Federal agencies as appropriate. 

(3) CHAIRMAN.—The interagency working group shall be 

chaired by the representative from the National Oceanic and 

Atmospheric Administration. 

(b) DUTIES.—The Subcommittee shall— 

(1) develop the strategic research and monitoring plan to 

guide Federal research on ocean acidification required under 

section 12405 of this subtitle and oversee the implementation 

of the plan; 

(2) oversee the development of— 

(A) an assessment of the potential impacts of ocean 

acidification on marine organisms and marine ecosystems; 

and 

(B) adaptation and mitigation strategies to conserve 

marine organisms and ecosystems exposed to ocean acidification; 

(3) facilitate communication and outreach opportunities 

with nongovernmental organizations and members of the stakeholder community with interests in marine resources; 

(4) coordinate the United States Federal research and monitoring program with research and monitoring programs and 

scientists from other nations; and 

(5) establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed through or utilized by the interagency ocean acidification 

program accessible through electronic means, including 

information which would be useful to policymakers, researchers, 

and other stakeholders in mitigating or adapting to the impacts 

of ocean acidification. 

33 USC 3703. 

33 USC 3702. 


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123 STAT. 1438 PUBLIC LAW 111–11—MAR. 30, 2009 

(c) REPORTS TO CONGRESS.— 

(1) INITIAL REPORT.—Not later than 1 year after the date 

of enactment of this Act, the Subcommittee shall transmit 

a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House 

of Representatives that— 

(A) includes a summary of federally funded ocean 

acidification research and monitoring activities, including 

the budget for each of these activities; and 

(B) describes the progress in developing the plan 

required under section 12405 of this subtitle. 

(2) BIENNIAL REPORT.—Not later than 2 years after the 

delivery of the initial report under paragraph (1) and every 

2 years thereafter, the Subcommittee shall transmit a report 

to the Committee on Commerce, Science, and Transportation 

of the Senate and the Committee on Science and Technology 

and the Committee on Natural Resources of the House of Representatives that includes— 

(A) a summary of federally funded ocean acidification 

research and monitoring activities, including the budget 

for each of these activities; and 

(B) an analysis of the progress made toward achieving 

the goals and priorities for the interagency research plan 

developed by the Subcommittee under section 12405. 

(3) STRATEGIC RESEARCH PLAN.—Not later than 2 years 

after the date of enactment of this Act, the Subcommittee 

shall transmit the strategic research plan developed under 

section 12405 to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Science 

and Technology and the Committee on Natural Resources of 

the House of Representatives. A revised plan shall be submitted 

at least once every 5 years thereafter. 

SEC. 12405. STRATEGIC RESEARCH PLAN. 

(a) IN GENERAL.—Not later than 2 years after the date of 

enactment of this Act, the Subcommittee shall develop a strategic 

plan for Federal research and monitoring on ocean acidification 

that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation and mitigation strategies to conserve marine 

organisms and marine ecosystems. In developing the plan, the 

Subcommittee shall consider and use information, reports, and 

studies of ocean acidification that have identified research and 

monitoring needed to better understand ocean acidification and 

its potential impacts, and recommendations made by the National 

Academy of Sciences in the review of the plan required under 

subsection (d). 

(b) CONTENTS OF THE PLAN.—The plan shall— 

(1) provide for interdisciplinary research among the ocean 

sciences, and coordinated research and activities to improve 

the understanding of ocean chemistry that will affect marine 

ecosystems; 

(2) establish, for the 10-year period beginning in the year 

the plan is submitted, the goals and priorities for Federal 

research and monitoring which will— 

Deadline. 

33 USC 3704. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1439 

(A) advance understanding of ocean acidification and 

its physical, chemical, and biological impacts on marine 

organisms and marine ecosystems; 

(B) improve the ability to assess the socioeconomic 

impacts of ocean acidification; and 

(C) provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems; 

(3) describe specific activities, including— 

(A) efforts to determine user needs; 

(B) research activities; 

(C) monitoring activities; 

(D) technology and methods development; 

(E) data collection; 

(F) database development; 

(G) modeling activities; 

(H) assessment of ocean acidification impacts; and 

(I) participation in international research efforts; 

(4) identify relevant programs and activities of the Federal 

agencies that contribute to the interagency program directly 

and indirectly and set forth the role of each Federal agency 

in implementing the plan; 

(5) consider and utilize, as appropriate, reports and studies 

conducted by Federal agencies, the National Research Council, 

or other entities; 

(6) make recommendations for the coordination of the ocean 

acidification research and monitoring activities of the United 

States with such activities of other nations and international 

organizations; 

(7) outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be 

conducted by each agency under the plan; 

(8) identify the monitoring systems and sampling programs 

currently employed in collecting data relevant to ocean acidification and prioritize additional monitoring systems that may 

be needed to ensure adequate data collection and monitoring 

of ocean acidification and its impacts; and 

(9) describe specific activities designed to facilitate outreach 

and data and information exchange with stakeholder communities. 

(c) PROGRAM ELEMENTS.—The plan shall include at a minimum 

the following program elements: 

(1) Monitoring of ocean chemistry and biological impacts 

associated with ocean acidification at selected coastal and openocean monitoring stations, including satellite-based monitoring 

to characterize— 

(A) marine ecosystems; 

(B) changes in marine productivity; and 

(C) changes in surface ocean chemistry. 

(2) Research to understand the species specific physiological 

responses of marine organisms to ocean acidification, impacts 

on marine food webs of ocean acidification, and to develop 

environmental and ecological indices that track marine ecosystem responses to ocean acidification. 

(3) Modeling to predict changes in the ocean carbon cycle 

as a function of carbon dioxide and atmosphere-induced changes 

in temperature, ocean circulation, biogeochemistry, ecosystem 


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123 STAT. 1440 PUBLIC LAW 111–11—MAR. 30, 2009 

and terrestrial input, and modeling to determine impacts on 

marine ecosystems and individual marine organisms. 

(4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous 

floats. 

(5) Assessment of socioeconomic impacts of ocean acidification and development of adaptation and mitigation strategies 

to conserve marine organisms and marine ecosystems. 

(d) NATIONAL ACADEMY OF SCIENCES EVALUATION.—The Secretary shall enter into an agreement with the National Academy 

of Sciences to review the plan. 

(e) PUBLIC PARTICIPATION.—In developing the plan, the Subcommittee shall consult with representatives of academic, State, 

industry and environmental groups. Not later than 90 days before 

the plan, or any revision thereof, is submitted to the Congress, 

the plan shall be published in the Federal Register for a public 

comment period of not less than 60 days. 

SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES. 

(a) IN GENERAL.—The Secretary shall establish and maintain 

an ocean acidification program within the National Oceanic and 

Atmospheric Administration to conduct research, monitoring, and 

other activities consistent with the strategic research and 

implementation plan developed by the Subcommittee under section 

12405 that— 

(1) includes— 

(A) interdisciplinary research among the ocean and 

atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification; 

(B) the establishment of a long-term monitoring program of ocean acidification utilizing existing global and 

national ocean observing assets, and adding instrumentation and sampling stations as appropriate to the aims 

of the research program; 

(C) research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification; 

(D) as an integral part of the research programs 

described in this subtitle, educational opportunities that 

encourage an interdisciplinary and international approach 

to exploring the impacts of ocean acidification; 

(E) as an integral part of the research programs 

described in this subtitle, national public outreach activities 

to improve the understanding of current scientific knowledge of ocean acidification and its impacts on marine 

resources; and 

(F) coordination of ocean acidification monitoring and 

impacts research with other appropriate international 

ocean science bodies such as the International Oceanographic Commission, the International Council for the 

Exploration of the Sea, the North Pacific Marine Science 

Organization, and others; 

(2) provides grants for critical research projects that explore 

the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan; 

and 

33 USC 3705. 

Deadline. 

Federal Register, 

publication. 

Contracts. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1441 

(3) incorporates a competitive merit-based process for 

awarding grants that may be conducted jointly with other 

participating agencies or under the National Oceanographic 

Partnership Program under section 7901 of title 10, United 

States Code. 

(b) ADDITIONAL AUTHORITY.—In conducting the Program, the 

Secretary may enter into and perform such contracts, leases, grants, 

or cooperative agreements as may be necessary to carry out the 

purposes of this subtitle on such terms as the Secretary considers 

appropriate. 

SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES. 

(a) RESEARCH ACTIVITIES.—The Director of the National Science 

Foundation shall continue to carry out research activities on ocean 

acidification which shall support competitive, merit-based, peerreviewed proposals for research and monitoring of ocean acidification and its impacts, including— 

(1) impacts on marine organisms and marine ecosystems; 

(2) impacts on ocean, coastal, and estuarine biogeochemistry; and 

(3) the development of methodologies and technologies to 

evaluate ocean acidification and its impacts. 

(b) CONSISTENCY.—The research activities shall be consistent 

with the strategic research plan developed by the Subcommittee 

under section 12405. 

(c) COORDINATION.—The Director shall encourage coordination 

of the Foundation’s ocean acidification activities with such activities 

of other nations and international organizations. 

SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES. 

(a) OCEAN ACIDIFICATION ACTIVITIES.—The Administrator of 

the National Aeronautics and Space Administration, in coordination 

with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for 

monitoring of ocean acidification and its impacts. 

(b) PROGRAM CONSISTENCY.—The Administrator shall ensure 

that the Agency’s research and monitoring activities on ocean 

acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 

12405. 

(c) COORDINATION.—The Administrator shall encourage 

coordination of the Agency’s ocean acidification activities with such 

activities of other nations and international organizations. 

SEC. 12409. AUTHORIZATION OF APPROPRIATIONS. 

(a) NOAA.—There are authorized to be appropriated to the 

National Oceanic and Atmospheric Administration to carry out 

the purposes of this subtitle— 

(1) $8,000,000 for fiscal year 2009; 

(2) $12,000,000 for fiscal year 2010; 

(3) $15,000,000 for fiscal year 2011; and 

(4) $20,000,000 for fiscal year 2012. 

(b) NSF.—There are authorized to be appropriated to the 

National Science Foundation to carry out the purposes of this 

subtitle— 

(1) $6,000,000 for fiscal year 2009; 

(2) $8,000,000 for fiscal year 2010; 

(3) $12,000,000 for fiscal year 2011; and 

33 USC 3708. 

33 USC 3707. 

33 USC 3706. 


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123 STAT. 1442 PUBLIC LAW 111–11—MAR. 30, 2009 

(4) $15,000,000 for fiscal year 2012. 

Subtitle E—Coastal and Estuarine Land 

Conservation Program 

SEC. 12501. SHORT TITLE. 

This Act may be cited as the ‘‘Coastal and Estuarine Land 

Conservation Program Act’’. 

SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM. 

The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 

et seq.) is amended by inserting after section 307 the following 

new section: 

‘‘AUTHORIZATION OF THE COASTAL AND ESTUARINE LAND

CONSERVATION PROGRAM

‘‘SEC. 307A. (a) IN GENERAL.—The Secretary may conduct a 

Coastal and Estuarine Land Conservation Program, in cooperation 

with appropriate State, regional, and other units of government, 

for the purposes of protecting important coastal and estuarine areas 

that have significant conservation, recreation, ecological, historical, 

or aesthetic values, or that are threatened by conversion from 

their natural, undeveloped, or recreational state to other uses or 

could be managed or restored to effectively conserve, enhance, or 

restore ecological function. The program shall be administered by 

the National Ocean Service of the National Oceanic and 

Atmospheric Administration through the Office of Ocean and 

Coastal Resource Management. 

‘‘(b) PROPERTY ACQUISITION GRANTS.—The Secretary shall make 

grants under the program to coastal states with approved coastal 

zone management plans or National Estuarine Research Reserve 

units for the purpose of acquiring property or interests in property 

described in subsection (a) that will further the goals of— 

‘‘(1) a Coastal Zone Management Plan or Program approved 

under this title; 

‘‘(2) a National Estuarine Research Reserve management 

plan; 

‘‘(3) a regional or State watershed protection or management plan involving coastal states with approved coastal zone 

management programs; or 

‘‘(4) a State coastal land acquisition plan that is consistent 

with an approved coastal zone management program. 

‘‘(c) GRANT PROCESS.—The Secretary shall allocate funds to 

coastal states or National Estuarine Research Reserves under this 

section through a competitive grant process in accordance with 

guidelines that meet the following requirements: 

‘‘(1) The Secretary shall consult with the coastal state’s 

coastal zone management program, any National Estuarine 

Research Reserve in that State, and the lead agency designated 

by the Governor for coordinating the implementation of this 

section (if different from the coastal zone management program). 

‘‘(2) Each participating coastal state, after consultation with 

local governmental entities and other interested stakeholders, 

Guidelines. 

16 USC 1456–1. 

16 USC 1451 

note. 

Coastal and 

Estuarine Land 

Conservation 

Program Act. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1443 

shall identify priority conservation needs within the State, the 

values to be protected by inclusion of lands in the program, 

and the threats to those values that should be avoided. 

‘‘(3) Each participating coastal state shall to the extent 

practicable ensure that the acquisition of property or easements 

shall complement working waterfront needs. 

‘‘(4) The applicant shall identify the values to be protected 

by inclusion of the lands in the program, management activities 

that are planned and the manner in which they may affect 

the values identified, and any other information from the landowner relevant to administration and management of the land. 

‘‘(5) Awards shall be based on demonstrated need for protection and ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other governmental units, landowners, corporations, or private organizations. 

‘‘(6) The governor, or the lead agency designated by the 

governor for coordinating the implementation of this section, 

where appropriate in consultation with the appropriate local 

government, shall determine that the application is consistent 

with the State’s or territory’s approved coastal zone plan, program, and policies prior to submittal to the Secretary. 

‘‘(7)(A) Priority shall be given to lands described in subsection (a) that can be effectively managed and protected and 

that have significant ecological value. 

‘‘(B) Of the projects that meet the standard in subparagraph 

(A), priority shall be given to lands that— 

‘‘(i) are under an imminent threat of conversion to 

a use that will degrade or otherwise diminish their natural, 

undeveloped, or recreational state; and 

‘‘(ii) serve to mitigate the adverse impacts caused by 

coastal population growth in the coastal environment. 

‘‘(8) In developing guidelines under this section, the Secretary shall consult with coastal states, other Federal agencies, 

and other interested stakeholders with expertise in land 

acquisition and conservation procedures. 

‘‘(9) Eligible coastal states or National Estuarine Research 

Reserves may allocate grants to local governments or agencies 

eligible for assistance under section 306A(e). 

‘‘(10) The Secretary shall develop performance measures 

that the Secretary shall use to evaluate and report on the 

program’s effectiveness in accomplishing its purposes, and shall 

submit such evaluations to Congress triennially. 

‘‘(d) LIMITATIONS AND PRIVATE PROPERTY PROTECTIONS.— 

‘‘(1) A grant awarded under this section may be used to 

purchase land or an interest in land, including an easement, 

only from a willing seller. Any such purchase shall not be 

the result of a forced taking under this section. Nothing in 

this section requires a private property owner to participate 

in the program under this section. 

‘‘(2) Any interest in land, including any easement, acquired 

with a grant under this section shall not be considered to 

create any new liability, or have any effect on liability under 

any other law, of any private property owner with respect 

to any person injured on the private property. 

‘‘(3) Nothing in this section requires a private property 

owner to provide access (including Federal, State, or local 

Performance 

measures. 

Evaluations. 

Deadline. 


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123 STAT. 1444 PUBLIC LAW 111–11—MAR. 30, 2009 

government access) to or use of private property unless such 

property or an interest in such property (including a conservation easement) has been purchased with funds made available 

under this section. 

‘‘(e) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.— Nothing in this title modifies the authority of Federal, State, or 

local governments to regulate land use. 

‘‘(f) MATCHING REQUIREMENTS.— ‘‘(1) IN GENERAL.—The Secretary may not make a grant 

under the program unless the Federal funds are matched by 

non-Federal funds in accordance with this subsection. 

‘‘(2) COST SHARE REQUIREMENT.— ‘‘(A) IN GENERAL.—Grant funds under the program 

shall require a 100 percent match from other non-Federal 

sources. 

‘‘(B) WAIVER OF REQUIREMENT.—The Secretary may 

grant a waiver of subparagraph (A) for underserved 

communities, communities that have an inability to draw 

on other sources of funding because of the small population 

or low income of the community, or for other reasons the 

Secretary deems appropriate and consistent with the purposes of the program. 

‘‘(3) OTHER FEDERAL FUNDS.—Where financial assistance 

awarded under this section represents only a portion of the 

total cost of a project, funding from other Federal sources 

may be applied to the cost of the project. Each portion shall 

be subject to match requirements under the applicable provision 

of law. 

‘‘(4) SOURCE OF MATCHING COST SHARE.—For purposes of 

paragraph (2)(A), the non-Federal cost share for a project may 

be determined by taking into account the following: 

‘‘(A) The value of land or a conservation easement 

may be used by a project applicant as non-Federal match, 

if the Secretary determines that— 

‘‘(i) the land meets the criteria set forth in section 

2(b) and is acquired in the period beginning 3 years 

before the date of the submission of the grant application and ending 3 years after the date of the award 

of the grant; 

‘‘(ii) the value of the land or easement is held 

by a non-governmental organization included in the 

grant application in perpetuity for conservation purposes of the program; and 

‘‘(iii) the land or easement is connected either physically or through a conservation planning process to 

the land or easement that would be acquired. 

‘‘(B) The appraised value of the land or conservation 

easement at the time of the grant closing will be considered 

and applied as the non-Federal cost share. 

‘‘(C) Costs associated with land acquisition, land 

management planning, remediation, restoration, and 

enhancement may be used as non- Federal match if the 

activities are identified in the plan and expenses are 

incurred within the period of the grant award, or, for 

lands described in (A), within the same time limits 

described therein. These costs may include either cash 

or in-kind contributions. 

Time period. 

Determination. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1445 

‘‘(g) RESERVATION OF FUNDS FOR NATIONAL ESTUARINE

RESEARCH RESERVE SITES.—No less than 15 percent of funds made 

available under this section shall be available for acquisitions benefitting National Estuarine Research Reserves. 

‘‘(h) LIMIT ON ADMINISTRATIVE COSTS.—No more than 5 percent 

of the funds made available to the Secretary under this section 

shall be used by the Secretary for planning or administration of 

the program. The Secretary shall provide a report to Congress 

with an account of all expenditures under this section for fiscal 

year 2009 and triennially thereafter. 

‘‘(i) TITLE AND MANAGEMENT OF ACQUIRED PROPERTY.—If any 

property is acquired in whole or in part with funds made available 

through a grant under this section, the grant recipient shall provide— 

‘‘(1) such assurances as the Secretary may require that— 

‘‘(A) the title to the property will be held by the grant 

recipient or another appropriate public agency designated 

by the recipient in perpetuity; 

‘‘(B) the property will be managed in a manner that 

is consistent with the purposes for which the land entered 

into the program and shall not convert such property to 

other uses; and 

‘‘(C) if the property or interest in land is sold, 

exchanged, or divested, funds equal to the current value 

will be returned to the Secretary in accordance with 

applicable Federal law for redistribution in the grant 

process; and 

‘‘(2) certification that the property (including any interest 

in land) will be acquired from a willing seller. 

‘‘(j) REQUIREMENT FOR PROPERTY USED FOR NON-FEDERAL

MATCH.—If the grant recipient elects to use any land or interest 

in land held by a non-governmental organization as a non-Federal 

match under subsection (g), the grant recipient must to the Secretary’s satisfaction demonstrate in the grant application that such 

land or interest will satisfy the same requirements as the lands 

or interests in lands acquired under the program. 

‘‘(k) DEFINITIONS.—In this section: 

‘‘(1) CONSERVATION EASEMENT.—The term ‘conservation 

easement’ includes an easement or restriction, recorded deed, 

or a reserve interest deed where the grantee acquires all rights, 

title, and interest in a property, that do not conflict with 

the goals of this section except those rights, title, and interests 

that may run with the land that are expressly reserved by 

a grantor and are agreed to at the time of purchase. 

‘‘(2) INTEREST IN PROPERTY.—The term ‘interest in property’ 

includes a conservation easement. 

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

to be appropriated to the Secretary to carry out this section 

$60,000,000 for each of fiscal years 2009 through 2013.’’. 

Certification. 

Reports. 

Deadline. 


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123 STAT. 1446 PUBLIC LAW 111–11—MAR. 30, 2009 

TITLE XIII—MISCELLANEOUS 

SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH DAKOTA 

TRUST FUNDS. 

(a) NORTH DAKOTA TRUST FUNDS.—The Act of February 22, 

1889 (25 Stat. 676, chapter 180), is amended by adding at the 

end the following: 

‘‘SEC. 26. NORTH DAKOTA TRUST FUNDS. 

‘‘(a) DISPOSITION.—Notwithstanding section 11, the State of 

North Dakota shall, with respect to any trust fund in which proceeds 

from the sale of public land are deposited under this Act (referred 

to in this section as the ‘trust fund’)— 

‘‘(1) deposit all revenues earned by a trust fund into the 

trust fund; 

‘‘(2) deduct the costs of administering a trust fund from 

each trust fund; and 

‘‘(3) manage each trust fund to— 

‘‘(A) preserve the purchasing power of the trust fund; 

and 

‘‘(B) maintain stable distributions to trust fund beneficiaries. 

‘‘(b) DISTRIBUTIONS.—Notwithstanding section 11, any distributions from trust funds in the State of North Dakota shall be made 

in accordance with section 2 of article IX of the Constitution of 

the State of North Dakota. 

‘‘(c) MANAGEMENT OF PROCEEDS.—Notwithstanding section 13, 

the State of North Dakota shall manage the proceeds referred 

to in that section in accordance with subsections (a) and (b). 

‘‘(d) MANAGEMENT OF LAND AND PROCEEDS.—Notwithstanding 

sections 14 and 16, the State of North Dakota shall manage the 

land granted under that section, including any proceeds from the 

land, and make distributions in accordance with subsections (a) 

and (b).’’. 

(b) MANAGEMENT AND DISTRIBUTION OF MORRILL ACT

GRANTS.—The Act of July 2, 1862 (commonly known as the ‘‘First 

Morrill Act’’) (7 U.S.C. 301 et seq.), is amended by adding at 

the end the following: 

‘‘SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA. 

‘‘(a) EXPENSES.—Notwithstanding section 3, the State of North 

Dakota shall manage the land granted to the State under the 

first section, including any proceeds from the land, in accordance 

with this section. 

‘‘(b) DISPOSITION OF PROCEEDS.—Notwithstanding section 4, the 

State of North Dakota shall, with respect to any trust fund in 

which proceeds from the sale of land under this Act are deposited 

(referred to in this section as the ‘trust fund’)— 

‘‘(1) deposit all revenues earned by a trust fund into the 

trust fund; 

‘‘(2) deduct the costs of administering a trust fund from 

each trust fund; and 

‘‘(3) manage each trust fund to— 

‘‘(A) preserve the purchasing power of the trust fund; 

and 

‘‘(B) maintain stable distributions to trust fund beneficiaries. 

7 USC 309. 


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‘‘(c) DISTRIBUTIONS.—Notwithstanding section 4, any distributions from trust funds in the State of North Dakota shall be made 

in accordance with section 2 of article IX of the Constitution of 

the State of North Dakota. 

‘‘(d) MANAGEMENT.—Notwithstanding section 5, the State of 

North Dakota shall manage the land granted under the first section, 

including any proceeds from the land, in accordance with this 

section.’’. 

(c) CONSENT OF CONGRESS.—Effective July 1, 2009, Congress 

consents to the amendments to the Constitution of North Dakota 

proposed by House Concurrent Resolution No. 3037 of the 59th 

Legislature of the State of North Dakota entitled ‘‘A concurrent 

resolution for the amendment of sections 1 and 2 of article IX 

of the Constitution of North Dakota, relating to distributions from 

and the management of the common schools trust fund and the 

trust funds of other educational or charitable institutions; and 

to provide a contingent effective date’’ and approved by the voters 

of the State of North Dakota on November 7, 2006. 

SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORATION AND 

IRRIGATION MITIGATION ACT OF 2000. 

(a) PRIORITY PROJECTS.—Section 3(c)(3) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; 

Public Law 106–502) is amended by striking ‘‘$5,000,000’’ and 

inserting ‘‘$2,500,000’’. 

(b) COST SHARING.—Section 7(c) of Fisheries Restoration and 

Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 

106–502) is amended— 

(1) by striking ‘‘The value’’ and inserting the following: 

‘‘(1) IN GENERAL.—The value’’; and 

(2) by adding at the end the following: 

‘‘(2) BONNEVILLE POWER ADMINISTRATION.— 

‘‘(A) IN GENERAL.—The Secretary may, without further 

appropriation and without fiscal year limitation, accept 

any amounts provided to the Secretary by the Administrator of the Bonneville Power Administration. 

‘‘(B) NON-FEDERAL SHARE.—Any amounts provided by 

the Bonneville Power Administration directly or through 

a grant to another entity for a project carried under the 

Program shall be credited toward the non-Federal share 

of the costs of the project.’’. 

(c) REPORT.—Section 9 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106– 

502) is amended— 

(1) by inserting ‘‘any’’ before ‘‘amounts are made’’; and 

(2) by inserting after ‘‘Secretary shall’’ the following: ‘‘, 

after partnering with local governmental entities and the States 

in the Pacific Ocean drainage area,’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 10 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 

777 note; Public Law 106–502) is amended— 

(1) in subsection (a), by striking ‘‘2001 through 2005’’ and 

inserting ‘‘2009 through 2015’’; and 

(2) in subsection (b), by striking paragraph (2) and inserting 

the following: 

‘‘(2) ADMINISTRATIVE EXPENSES.— 

Effective date. 


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123 STAT. 1448 PUBLIC LAW 111–11—MAR. 30, 2009 

‘‘(A) DEFINITION OF ADMINISTRATIVE EXPENSE.—In this 

paragraph, the term ‘administrative expense’ means, except 

as provided in subparagraph (B)(iii)(II), any expenditure 

relating to— 

‘‘(i) staffing and overhead, such as the rental of 

office space and the acquisition of office equipment; 

and 

‘‘(ii) the review, processing, and provision of 

applications for funding under the Program. 

‘‘(B) LIMITATION.— 

‘‘(i) IN GENERAL.—Not more than 6 percent of 

amounts made available to carry out this Act for each 

fiscal year may be used for Federal and State administrative expenses of carrying out this Act. 

‘‘(ii) FEDERAL AND STATE SHARES.—To the maximum extent practicable, of the amounts made available for administrative expenses under clause (i)— 

‘‘(I) 50 percent shall be provided to the State 

agencies provided assistance under the Program; 

and 

‘‘(II) an amount equal to the cost of 1 fulltime equivalent Federal employee, as determined 

by the Secretary, shall be provided to the Federal 

agency carrying out the Program. 

‘‘(iii) STATE EXPENSES.—Amounts made available 

to States for administrative expenses under clause (i)— 

‘‘(I) shall be divided evenly among all States 

provided assistance under the Program; and 

‘‘(II) may be used by a State to provide technical assistance relating to the program, including 

any staffing expenditures (including staff travel 

expenses) associated with— 

‘‘(aa) arranging meetings to promote the 

Program to potential applicants; 

‘‘(bb) assisting applicants with the 

preparation of applications for funding under 

the Program; and 

‘‘(cc) visiting construction sites to provide 

technical assistance, if requested by the 

applicant.’’. 

SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE 

ACT. 

Section 107(a) of the Alaska Natural Gas Pipeline Act (15 

U.S.C. 720e(a)) is amended by striking paragraph (3) and inserting 

the following: 

‘‘(3) the validity of any determination, permit, approval, 

authorization, review, or other related action taken under any 

provision of law relating to a gas transportation project constructed and operated in accordance with section 103, 

including— 

‘‘(A) subchapter II of chapter 5, and chapter 7, of 

title 5, United States Code (commonly known as the 

‘Administrative Procedure Act’); 

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

1531 et seq.); 


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‘‘(C) the National Environmental Policy Act of 1969 

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

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

470 et seq.); and 

‘‘(E) the Alaska National Interest Lands Conservation 

Act (16 U.S.C. 3101 et seq.).’’. 

SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DEPARTMENT 

OF ENERGY. 

(a) IN GENERAL.—Section 203(a) of the Department of Energy 

Organization Act (42 U.S.C. 7133(a)) is amended in the first sentence by striking ‘‘7 Assistant Secretaries’’ and inserting ‘‘8 Assistant Secretaries’’. 

(b) CONFORMING AMENDMENT.—Section 5315 of title 5, United 

States Code, is amended by striking ‘‘Assistant Secretaries of 

Energy (7)’’ and inserting ‘‘Assistant Secretaries of Energy (8)’’. 

SEC. 13005. LOVELACE RESPIRATORY RESEARCH INSTITUTE. 

(a) DEFINITIONS.—In this section: 

(1) INSTITUTE.—The term ‘‘Institute’’ means the Lovelace 

Respiratory Research Institute, a nonprofit organization chartered under the laws of the State of New Mexico. 

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

‘‘Lovelace Respiratory Research Institute Land Conveyance’’ 

and dated March 18, 2008. 

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

(A) the Secretary of Energy, with respect to matters 

concerning the Department of Energy; 

(B) the Secretary of the Interior, with respect to matters concerning the Department of the Interior; and 

(C) the Secretary of the Air Force, with respect to 

matters concerning the Department of the Air Force. 

(4) SECRETARY OF ENERGY.—The term ‘‘Secretary of Energy’’ 

means the Secretary of Energy, acting through the Administrator for the National Nuclear Security Administration. 

(b) CONVEYANCE OF LAND.— 

(1) IN GENERAL.—Notwithstanding section 120(h) of the 

Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9620(h)) and subject to valid 

existing rights and this section, the Secretary of Energy, in 

consultation with the Secretary of the Interior and the Secretary of the Air Force, may convey to the Institute, on behalf 

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

States in and to the parcel of land described in paragraph 

(2) for research, scientific, or educational use. 

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

to in paragraph (1)— 

(A) is the approximately 135 acres of land identified 

as ‘‘Parcel A’’ on the map; 

(B) includes any improvements to the land described 

in subparagraph (A); and 

(C) excludes any portion of the utility system and 

infrastructure reserved by the Secretary of the Air Force 

under paragraph (4). 

(3) OTHER FEDERAL AGENCIES.—The Secretary of the 

Interior and the Secretary of the Air Force shall complete 

New Mexico. 


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any real property actions, including the revocation of any Federal withdrawals of the parcel conveyed under paragraph (1) 

and the parcel described in subsection (c)(1), that are necessary 

to allow the Secretary of Energy to— 

(A) convey the parcel under paragraph (1); or 

(B) transfer administrative jurisdiction under subsection (c). 

(4) RESERVATION OF UTILITY INFRASTRUCTURE AND

ACCESS.—The Secretary of the Air Force may retain ownership 

and control of— 

(A) any portions of the utility system and infrastructure located on the parcel conveyed under paragraph (1); 

and 

(B) any rights of access determined to be necessary 

by the Secretary of the Air Force to operate and maintain 

the utilities on the parcel. 

(5) RESTRICTIONS ON USE.— 

(A) AUTHORIZED USES.—The Institute shall allow only 

research, scientific, or educational uses of the parcel conveyed under paragraph (1). 

(B) REVERSION.— 

(i) IN GENERAL.—If, at any time, the Secretary 

of Energy, in consultation with the Secretary of the 

Air Force, determines, in accordance with clause (ii), 

that the parcel conveyed under paragraph (1) is not 

being used for a purpose described in subparagraph 

(A)— 

(I) all right, title, and interest in and to the 

entire parcel, or any portion of the parcel not being 

used for the purposes, shall revert, at the option 

of the Secretary, to the United States; and 

(II) the United States shall have the right 

of immediate entry onto the parcel. 

(ii) REQUIREMENTS FOR DETERMINATION.—Any 

determination of the Secretary under clause (i) shall 

be made on the record and after an opportunity for 

a hearing. 

(6) COSTS.— 

(A) IN GENERAL.—The Secretary of Energy shall require 

the Institute to pay, or reimburse the Secretary concerned, 

for any costs incurred by the Secretary concerned in carrying out the conveyance under paragraph (1), including 

any survey costs related to the conveyance. 

(B) REFUND.—If the Secretary concerned collects 

amounts under subparagraph (A) from the Institute before 

the Secretary concerned incurs the actual costs, and the 

amount collected exceeds the actual costs incurred by the 

Secretary concerned to carry out the conveyance, the Secretary concerned shall refund to the Institute an amount 

equal to difference between— 

(i) the amount collected by the Secretary concerned; and 

(ii) the actual costs incurred by the Secretary concerned. 

(C) DEPOSIT IN FUND.— (i) IN GENERAL.—Amounts received by the United 

States under this paragraph as a reimbursement or 


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recovery of costs incurred by the Secretary concerned 

to carry out the conveyance under paragraph (1) shall 

be deposited in the fund or account that was used 

to cover the costs incurred by the Secretary concerned 

in carrying out the conveyance. 

(ii) USE.—Any amounts deposited under clause (i) 

shall be available for the same purposes, and subject 

to the same conditions and limitations, as any other 

amounts in the fund or account. 

(7) CONTAMINATED LAND.—In consideration for the conveyance of the parcel under paragraph (1), the Institute shall— 

(A) take fee title to the parcel and any improvements 

to the parcel, as contaminated; 

(B) be responsible for undertaking and completing all 

environmental remediation required at, in, under, from, 

or on the parcel for all environmental conditions relating 

to or arising from the release or threat of release of waste 

material, substances, or constituents, in the same manner 

and to the same extent as required by law applicable 

to privately owned facilities, regardless of the date of the 

contamination or the responsible party; 

(C) indemnify the United States for— 

(i) any environmental remediation or response 

costs the United States reasonably incurs if the 

Institute fails to remediate the parcel; or 

(ii) contamination at, in, under, from, or on the 

land, for all environmental conditions relating to or 

arising from the release or threat of release of waste 

material, substances, or constituents; 

(D) indemnify, defend, and hold harmless the United 

States from any damages, costs, expenses, liabilities, fines, 

penalties, claim, or demand for loss, including claims for 

property damage, personal injury, or death resulting from 

releases, discharges, emissions, spills, storage, disposal, or 

any other acts or omissions by the Institute and any officers, agents, employees, contractors, sublessees, licensees, 

successors, assigns, or invitees of the Institute arising from 

activities conducted, on or after October 1, 1996, on the 

parcel conveyed under paragraph (1); and 

(E) reimburse the United States for all legal and 

attorney fees, costs, and expenses incurred in association 

with the defense of any claims described in subparagraph 

(D). 

(8) CONTINGENT ENVIRONMENTAL RESPONSE OBLIGATIONS.— 

If the Institute does not undertake or complete environmental 

remediation as required by paragraph (7) and the United States 

is required to assume the responsibilities of the remediation, 

the Secretary of Energy shall be responsible for conducting 

any necessary environmental remediation or response actions 

with respect to the parcel conveyed under paragraph (1). 

(9) NO ADDITIONAL COMPENSATION.—Except as otherwise 

provided in this section, no additional consideration shall be 

required for conveyance of the parcel to the Institute under 

paragraph (1). 

(10) ACCESS AND UTILITIES.—On conveyance of the parcel 

under paragraph (1), the Secretary of the Air Force shall, 

on behalf of the United States and subject to any terms and 


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conditions as the Secretary determines to be necessary 

(including conditions providing for the reimbursement of costs), 

provide the Institute with— 

(A) access for employees and invitees of the Institute 

across Kirtland Air Force Base to the parcel conveyed 

under that paragraph; and 

(B) access to utility services for the land and any 

improvements to the land conveyed under that paragraph. 

(11) ADDITIONAL TERM AND CONDITIONS.—The Secretary 

of Energy, in consultation with the Secretary of the Interior 

and Secretary of the Air Force, may require any additional 

terms and conditions for the conveyance under paragraph (1) 

that the Secretaries determine to be appropriate to protect 

the interests of the United States. 

(c) TRANSFER OF ADMINISTRATIVE JURISDICTION.— (1) IN GENERAL.—After the conveyance under subsection 

(b)(1) has been completed, the Secretary of Energy shall, on 

request of the Secretary of the Air Force, transfer to the Secretary of the Air Force administrative jurisdiction over the 

parcel of approximately 7 acres of land identified as ‘‘Parcel 

B’’ on the map, including any improvements to the parcel. 

(2) REMOVAL OF IMPROVEMENTS.—In concurrence with the 

transfer under paragraph (1), the Secretary of Energy shall, 

on request of the Secretary of the Air Force, arrange and 

pay for removal of any improvements to the parcel transferred 

under that paragraph. 

SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL 

TROPICAL BOTANICAL GARDEN. 

Chapter 1535 of title 36, United States Code, is amended by 

adding at the end the following: 

‘‘§ 153514. Authorization of appropriations 

‘‘(a) IN GENERAL.—Subject to subsection (b), there is authorized 

to be appropriated to the corporation for operation and maintenance 

expenses $500,000 for each of fiscal years 2008 through 2017. 

‘‘(b) LIMITATION.—Any Federal funds made available under subsection (a) shall be matched on a 1-to-1 basis by non-Federal funds.’’. 

TITLE XIV—CHRISTOPHER AND DANA 

REEVE PARALYSIS ACT 

SEC. 14001. SHORT TITLE. 

This title may be cited as the ‘‘Christopher and Dana Reeve 

Paralysis Act’’. 

Subtitle A—Paralysis Research 

SEC. 14101. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH 

WITH RESPECT TO RESEARCH ON PARALYSIS. 

(a) COORDINATION.—The Director of the National Institutes 

of Health (referred to in this title as the ‘‘Director’’), pursuant 

to the general authority of the Director, may develop mechanisms 

to coordinate the paralysis research and rehabilitation activities 

of the Institutes and Centers of the National Institutes of Health 

42 USC 284o. 

42 USC 201 note. 

Christopher and 

Dana Reeve 

Paralysis Act. 


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in order to further advance such activities and avoid duplication 

of activities. 

(b) CHRISTOPHER AND DANA REEVE PARALYSIS RESEARCH CON- SORTIA.— 

(1) IN GENERAL.—The Director may make awards of grants 

to public or private entities to pay all or part of the cost 

of planning, establishing, improving, and providing basic operating support for consortia in paralysis research. The Director 

shall designate each consortium funded through such grants 

as a Christopher and Dana Reeve Paralysis Research Consortium. 

(2) RESEARCH.—Each consortium under paragraph (1)— 

(A) may conduct basic, translational, and clinical paralysis research; 

(B) may focus on advancing treatments and developing 

therapies in paralysis research; 

(C) may focus on one or more forms of paralysis that 

result from central nervous system trauma or stroke; 

(D) may facilitate and enhance the dissemination of 

clinical and scientific findings; and 

(E) may replicate the findings of consortia members 

or other researchers for scientific and translational purposes. 

(3) COORDINATION OF CONSORTIA; REPORTS.—The Director 

may, as appropriate, provide for the coordination of information 

among consortia under paragraph (1) and ensure regular 

communication among members of the consortia, and may 

require the periodic preparation of reports on the activities 

of the consortia and the submission of the reports to the 

Director. 

(4) ORGANIZATION OF CONSORTIA.—Each consortium under 

paragraph (1) may use the facilities of a single lead institution, 

or be formed from several cooperating institutions, meeting 

such requirements as may be prescribed by the Director. 

(c) PUBLIC INPUT.—The Director may provide for a mechanism 

to educate and disseminate information on the existing and planned 

programs and research activities of the National Institutes of Health 

with respect to paralysis and through which the Director can receive 

comments from the public regarding such programs and activities. 

Subtitle B—Paralysis Rehabilitation 

Research and Care 

SEC. 14201. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH 

WITH RESPECT TO RESEARCH WITH IMPLICATIONS FOR 

ENHANCING DAILY FUNCTION FOR PERSONS WITH 

PARALYSIS. 

(a) IN GENERAL.—The Director, pursuant to the general 

authority of the Director, may make awards of grants to public 

or private entities to pay all or part of the costs of planning, 

establishing, improving, and providing basic operating support to 

multicenter networks of clinical sites that will collaborate to design 

clinical rehabilitation intervention protocols and measures of outcomes on one or more forms of paralysis that result from central 

nervous system trauma, disorders, or stroke, or any combination 

of such conditions. 

42 USC 284p. 

Designation. 


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123 STAT. 1454 PUBLIC LAW 111–11—MAR. 30, 2009 

(b) RESEARCH.—A multicenter network of clinical sites funded 

through this section may— 

(1) focus on areas of key scientific concern, including— 

(A) improving functional mobility; 

(B) promoting behavioral adaptation to functional 

losses, especially to prevent secondary complications; 

(C) assessing the efficacy and outcomes of medical 

rehabilitation therapies and practices and assisting technologies; 

(D) developing improved assistive technology to 

improve function and independence; and 

(E) understanding whole body system responses to 

physical impairments, disabilities, and societal and functional limitations; and 

(2) replicate the findings of network members or other 

researchers for scientific and translation purposes. 

(c) COORDINATION OF CLINICAL TRIALS NETWORKS; REPORTS.— 

The Director may, as appropriate, provide for the coordination 

of information among networks funded through this section and 

ensure regular communication among members of the networks, 

and may require the periodic preparation of reports on the activities 

of the networks and submission of reports to the Director. 

Subtitle C—Improving Quality of Life for 

Persons With Paralysis and Other Physical Disabilities 

SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS 

WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES. 

(a) IN GENERAL.—The Secretary of Health and Human Services 

(in this subtitle referred to as the ‘‘Secretary’’) may study the 

unique health challenges associated with paralysis and other physical disabilities and carry out projects and interventions to improve 

the quality of life and long-term health status of persons with 

paralysis and other physical disabilities. The Secretary may carry 

out such projects directly and through awards of grants or contracts. 

(b) CERTAIN ACTIVITIES.—Activities under subsection (a) may 

include— 

(1) the development of a national paralysis and physical 

disability quality of life action plan, to promote health and 

wellness in order to enhance full participation, independent 

living, self-sufficiency, and equality of opportunity in partnership with voluntary health agencies focused on paralysis and 

other physical disabilities, to be carried out in coordination 

with the State-based Disability and Health Program of the 

Centers for Disease Control and Prevention; 

(2) support for programs to disseminate information 

involving care and rehabilitation options and quality of life 

grant programs supportive of community-based programs and 

support systems for persons with paralysis and other physical 

disabilities; 

(3) in collaboration with other centers and national voluntary health agencies, the establishment of a population-based 

database that may be used for longitudinal and other research 

on paralysis and other disabling conditions; and 

42 USC 280g–9. 


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PUBLIC LAW 111–11—MAR. 30, 2009 123 STAT. 1455 

(4) the replication and translation of best practices and 

the sharing of information across States, as well as the development of comprehensive, unique, and innovative programs, services, and demonstrations within existing State-based disability 

and health programs of the Centers for Disease Control and 

Prevention which are designed to support and advance quality 

of life programs for persons living with paralysis and other 

physical disabilities focusing on— 

(A) caregiver education; 

(B) promoting proper nutrition, increasing physical 

activity, and reducing tobacco use; 

(C) education and awareness programs for health care 

providers; 

(D) prevention of secondary complications; 

(E) home- and community-based interventions; 

(F) coordinating services and removing barriers that 

prevent full participation and integration into the community; and 

(G) recognizing the unique needs of underserved populations. 

(c) GRANTS.—The Secretary may award grants in accordance 

with the following: 

(1) To State and local health and disability agencies for 

the purpose of— 

(A) establishing a population-based database that may 

be used for longitudinal and other research on paralysis 

and other disabling conditions; 

(B) developing comprehensive paralysis and other 

physical disability action plans and activities focused on 

the items listed in subsection (b)(4); 

(C) assisting State-based programs in establishing and 

implementing partnerships and collaborations that maximize the input and support of people with paralysis and 

other physical disabilities and their constituent organizations; 

(D) coordinating paralysis and physical disability 

activities with existing State-based disability and health 

programs; 

(E) providing education and training opportunities and 

programs for health professionals and allied caregivers; 

and 

(F) developing, testing, evaluating, and replicating 

effective intervention programs to maintain or improve 

health and quality of life. 

(2) To private health and disability organizations for the 

purpose of— 

(A) disseminating information to the public; 

(B) improving access to services for persons living with 

paralysis and other physical disabilities and their caregivers; 

(C) testing model intervention programs to improve 

health and quality of life; and 

(D) coordinating existing services with State-based disability and health programs. 

(d) COORDINATION OF ACTIVITIES.—The Secretary shall ensure 

that activities under this section are coordinated as appropriate 

by the agencies of the Department of Health and Human Services. 


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123 STAT. 1456 PUBLIC LAW 111–11—MAR. 30, 2009 

LEGISLATIVE HISTORY—H.R. 146: 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

Mar. 2, 3, considered and passed House. 

Mar. 17–19, considered and passed Senate, amended. 

Mar. 25, House concurred in Senate amendments. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009): 

Mar. 30, Presidential remarks and statement. 

Æ 

(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 

carrying out this section, there is authorized to be appropriated 

$25,000,000 for each of fiscal years 2008 through 2011. 

TITLE XV—SMITHSONIAN INSTITUTION 

FACILITIES AUTHORIZATION 

SEC. 15101. LABORATORY AND SUPPORT SPACE, EDGEWATER, MARYLAND. 

(a) AUTHORITY TO DESIGN AND CONSTRUCT.—The Board of 

Regents of the Smithsonian Institution is authorized to design 

and construct laboratory and support space to accommodate the 

Mathias Laboratory at the Smithsonian Environmental Research 

Center in Edgewater, Maryland. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section a total of $41,000,000 

for fiscal years 2009 through 2011. Such sums shall remain available until expended. 

SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA. 

(a) AUTHORITY TO CONSTRUCT.—The Board of Regents of the 

Smithsonian Institution is authorized to construct laboratory space 

to accommodate the terrestrial research program of the Smithsonian 

tropical research institute in Gamboa, Panama. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section a total of $14,000,000 

for fiscal years 2009 and 2010. Such sums shall remain available 

until expended. 

SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY. 

(a) IN GENERAL.—The Board of Regents of the Smithsonian 

Institution is authorized to construct a greenhouse facility at its 

museum support facility in Suitland, Maryland, to maintain the 

horticultural operations of, and preserve the orchid collection held 

in trust by, the Smithsonian Institution. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated $12,000,000 to carry out this section. Such 

sums shall remain available until expended. 

Approved March 30, 2009. 

Maryland. 

20 USC 50 note. 

20 USC 50 note. 

20 USC 50 note. 


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