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[111th Congress Public Law 11]
[From the U.S. Government Printing Office]

[[Page 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. <<NOTE: Mar. 30, 2009 -  [H.R. 146]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Omnibus Public 
Land Management Act of 2009. 16 USC 1 note.>> 
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.

[[Page 123 STAT. 992]]

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.

[[Page 123 STAT. 993]]

                   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.

[[Page 123 STAT. 994]]

                 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.

[[Page 123 STAT. 995]]

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 Geronimo, Puerto Rico.

                   Subtitle D--Program Authorizations

Sec. 7301. American Battlefield Protection Program.

[[Page 123 STAT. 996]]

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.

[[Page 123 STAT. 997]]

   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.

[[Page 123 STAT. 998]]

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.

[[Page 123 STAT. 999]]

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) <<NOTE: 16 USC 1132 note.>>  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

[[Page 123 STAT. 1000]]

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)

[[Page 123 STAT. 1001]]

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) <<NOTE: 16 USC 1132 note.>>  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

[[Page 123 STAT. 1002]]

        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 Recreational 
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. <<NOTE: 16 USC 546b note.>>  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'.

[[Page 123 STAT. 1003]]

            ``(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)--

[[Page 123 STAT. 1004]]

                    (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. <<NOTE: 16 USC 1132 note.>>  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) <<NOTE: Effective date.>>  Wilderness Designation.--The 
potential wilderness area shall be designated as wilderness and 
incorporated in the Kimberling Creek Wilderness on the earlier of--
            (1) <<NOTE: Federal Register, publication. Notice.>>  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. <<NOTE: 16 USC 546b.>>  SENG MOUNTAIN AND BEAR CREEK 
                          SCENIC AREAS, JEFFERSON NATIONAL FOREST, 
                          VIRGINIA.

    (a) Establishment.--There are designated as National Scenic Areas--

[[Page 123 STAT. 1005]]

            (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) <<NOTE: Deadline.>>  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;

[[Page 123 STAT. 1006]]

                    (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

[[Page 123 STAT. 1007]]

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. <<NOTE: 16 USC 546b-1.>>  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. <<NOTE: 16 USC 460uuu note.>>  DEFINITIONS.

    In this subtitle:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (2) State.--The term ``State'' means the State of Oregon.

[[Page 123 STAT. 1008]]

SEC. 1202. DESIGNATION OF WILDERNESS AREAS.

    (a) <<NOTE: 16 USC 1132 note.>>  Designation of Lewis and Clark 
Mount Hood Wilderness 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

[[Page 123 STAT. 1009]]

        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'', 
        ``Salmon-Huckleberry Wilderness--Mirror Lake'', and ``Salmon-
        Huckleberry 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) <<NOTE: 16 USC 431 note.>>  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) <<NOTE: 16 USC 1132 note.>>  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) <<NOTE: Effective date. Federal Register, 
                publication. Notice.>>  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

[[Page 123 STAT. 1010]]

        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.--

[[Page 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

[[Page 123 STAT. 1012]]

        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) <<NOTE: 16 USC 1274 note.>>  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,''.

[[Page 123 STAT. 1013]]

SEC. 1204. <<NOTE: 16 USC 460uuu.>>  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

[[Page 123 STAT. 1014]]

                    (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) <<NOTE: 16 USC 539n.>>  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

[[Page 123 STAT. 1015]]

                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

[[Page 123 STAT. 1016]]

                          (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--

[[Page 123 STAT. 1017]]

                          (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.

[[Page 123 STAT. 1018]]

                          (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

[[Page 123 STAT. 1019]]

                      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

[[Page 123 STAT. 1020]]

                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:

[[Page 123 STAT. 1021]]

                    (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.

[[Page 123 STAT. 1022]]

                    (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

[[Page 123 STAT. 1023]]

                    (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

[[Page 123 STAT. 1024]]

                          (iv) other financing tools that link 
                      transportation infrastructure improvements with 
                      development.

    (b) Mount Hood National Forest Stewardship Strategy.--
            (1) <<NOTE: Reports.>>  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) <<NOTE: Deadline.>>  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.--

[[Page 123 STAT. 1025]]

            (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 disabilities.--
        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.

[[Page 123 STAT. 1026]]

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) <<NOTE: 16 USC 1274 note.>>  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 <<NOTE: 16 USC 431 note.>>  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

[[Page 123 STAT. 1027]]

        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--

[[Page 123 STAT. 1028]]

                          (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.

[[Page 123 STAT. 1029]]

            (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--

[[Page 123 STAT. 1030]]

                    (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) <<NOTE: 16 USC 1132 note.>>  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.--

[[Page 123 STAT. 1031]]

            (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

[[Page 123 STAT. 1032]]

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

Subtitle <<NOTE: Idaho.>>  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) <<NOTE: 16 USC 1132 note.>>  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

[[Page 123 STAT. 1033]]

                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

[[Page 123 STAT. 1034]]

        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) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1035]]

                                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.--

[[Page 123 STAT. 1036]]

                          (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

[[Page 123 STAT. 1037]]

                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.

[[Page 123 STAT. 1038]]

            ``(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,

[[Page 123 STAT. 1039]]

        to be administered by the Secretary of the Interior as a wild 
        river.''.

    (b) <<NOTE: 16 USC 1274 note.>>  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) <<NOTE: 16 USC 1274 note.>>  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

[[Page 123 STAT. 1040]]

                    (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 off-
        highway 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) <<NOTE: Deadline. Transportation plan.>>  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 <<NOTE: Deadline. Transportation plan.>>  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.

[[Page 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) <<NOTE: 16 USC 1132 note.>>  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.

[[Page 123 STAT. 1042]]

            (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 N\1/
                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.

[[Page 123 STAT. 1043]]

            (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) <<NOTE: 16 USC 1132 note.>>  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) <<NOTE: 16 USC 1132 note.>>  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) <<NOTE: 16 USC 1132 note.>>  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).

[[Page 123 STAT. 1044]]

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) <<NOTE: 16 USC 1132 note.>>  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

[[Page 123 STAT. 1045]]

        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) <<NOTE: 16 USC 1132 note.>>  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) <<NOTE: Federal Register, publication. Notice.>>  
        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

[[Page 123 STAT. 1046]]

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 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 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''.

[[Page 123 STAT. 1047]]

            (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 non-
                Federal 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.

[[Page 123 STAT. 1048]]

            (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) <<NOTE: Deadline.>>  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) <<NOTE: 16 USC 1132 note.>>  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

[[Page 123 STAT. 1049]]

        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 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 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.--

[[Page 123 STAT. 1050]]

                    (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).

[[Page 123 STAT. 1051]]

            (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 non-
                Federal land to be exchanged.
                    (B) Requirements.--An appraisal under subparagraph 
                (A) shall be conducted in accordance with--

[[Page 123 STAT. 1052]]

                          (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) <<NOTE: Deadline.>>  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. <<NOTE: 16 USC 460vvv note.>>  DEFINITIONS.

    In this subtitle:
            (1) Forest.--The term ``Forest'' means the Ancient 
        Bristlecone Pine Forest designated by section 1808(a).

[[Page 123 STAT. 1053]]

            (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. <<NOTE: 16 USC 1132 note.>>  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 Humboldt-
                Toiyabe 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;

[[Page 123 STAT. 1054]]

                          (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--

[[Page 123 STAT. 1055]]

            (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.

[[Page 123 STAT. 1056]]

            (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) <<NOTE: Deadline. Procedures.>>  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) <<NOTE: Contracts.>>  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

[[Page 123 STAT. 1057]]

            (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,

[[Page 123 STAT. 1058]]

                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:

[[Page 123 STAT. 1059]]

                    ``(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) <<NOTE: 16 USC 1274 note.>>  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. <<NOTE: 16 USC 460vvv.>>  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

[[Page 123 STAT. 1060]]

                    (B) subject to any terms and conditions determined 
                to be necessary by the Secretary.

    (d) <<NOTE: Deadline.>>  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 ``Humboldt-Toiyabe 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. <<NOTE: 16 USC 539o.>>  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) <<NOTE: Deadline.>>  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--

[[Page 123 STAT. 1061]]

                    (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--

[[Page 123 STAT. 1062]]

            (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) <<NOTE: 16 USC 1132 note.>>  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

[[Page 123 STAT. 1063]]

                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

[[Page 123 STAT. 1064]]

                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) <<NOTE: 16 USC 1132 note.>>  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) <<NOTE: Effective date. Federal Register, 
        publication. Notice.>>  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

[[Page 123 STAT. 1065]]

                    (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

[[Page 123 STAT. 1066]]

                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) <<NOTE: Deadline. Procedures.>>  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) <<NOTE: Contracts.>>  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--

[[Page 123 STAT. 1067]]

                    (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) <<NOTE: Contracts.>>  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

[[Page 123 STAT. 1068]]

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) <<NOTE: 16 USC 1132 note.>>  John krebs wilderness.--
                    (A) Designation.--Certain land in Sequoia and Kings 
                Canyon National Parks, comprising approximately 39,740

[[Page 123 STAT. 1069]]

                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) <<NOTE: 16 USC 1132 note.>>  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 Sequoia-Kings 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) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1070]]

        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) <<NOTE: 16 USC 1132 note.>>  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--

[[Page 123 STAT. 1071]]

                    (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) <<NOTE: Effective date. Federal Register, 
        publication. Notice. 16 USC 1132 note.>>  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--

[[Page 123 STAT. 1072]]

                    (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

[[Page 123 STAT. 1073]]

                    (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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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--

[[Page 123 STAT. 1074]]

                    (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) <<NOTE: 16 USC 1132 note.>>  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--

[[Page 123 STAT. 1075]]

            (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 thirty-
        five 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) <<NOTE: Applicability.>>  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. <<NOTE: 16 USC 460www note.>>  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.

[[Page 123 STAT. 1076]]

            (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) <<NOTE: 16 USC 1132 note.>>  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''.

[[Page 123 STAT. 1077]]

                    (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

[[Page 123 STAT. 1078]]

                    (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.

[[Page 123 STAT. 1079]]

            (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) <<NOTE: Determination.>>  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

[[Page 123 STAT. 1080]]

                                    (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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: 16 USC 346a-6.>>  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. <<NOTE: 16 USC 1132 note.>>  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).

[[Page 123 STAT. 1081]]

            (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. <<NOTE: 16 USC 460www.>>  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

[[Page 123 STAT. 1082]]

                    (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) <<NOTE: Deadline.>>  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).

[[Page 123 STAT. 1083]]

            (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. <<NOTE: 16 USC 460xxx.>>  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.--

[[Page 123 STAT. 1084]]

            (1) <<NOTE: Deadline.>>  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.

[[Page 123 STAT. 1085]]

    (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 rim-
                to-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.

[[Page 123 STAT. 1086]]

                    ``(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-to-rim, 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-to-rim, 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

[[Page 123 STAT. 1087]]

                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 rim-to-
                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.

[[Page 123 STAT. 1088]]

                    ``(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 rim-to-
                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) <<NOTE: 16 USC 1274 note.>>  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) <<NOTE: 16 USC 1274 note.>>  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 Off-
        Highway Vehicle Trail designated under subsection (c)(1)(A).

[[Page 123 STAT. 1089]]

            (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 Management Plan.--
            (1) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1090]]

                          (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) <<NOTE: Deadlines. Assessments.>>  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 
                      off-highway 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.

[[Page 123 STAT. 1091]]

                    (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:

[[Page 123 STAT. 1092]]

            (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.

[[Page 123 STAT. 1093]]

            (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. <<NOTE: 25 USC 766 note.>>  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.--

[[Page 123 STAT. 1094]]

            (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) <<NOTE: Deadline.>>  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) <<NOTE: Federal Register, publication.>>  
                      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) <<NOTE: Effective date.>>  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. <<NOTE: 16 USC 7201.>>  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).

[[Page 123 STAT. 1095]]

SEC. 2002. <<NOTE: 16 USC 7202.>>  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

[[Page 123 STAT. 1096]]

        Land Management. Nothing in this subtitle shall be construed as 
        limiting access for hunting, fishing, trapping, or recreational 
        shooting.
SEC. 2003. <<NOTE: 16 USC 7203.>>  AUTHORIZATION OF 
                          APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this subtitle.

    Subtitle B--Prehistoric <<NOTE: New Mexico. 16 USC 431 note.>>  
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.

[[Page 123 STAT. 1097]]

SEC. 2103. ESTABLISHMENT.

    (a) <<NOTE: New Mexico.>>  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 Dona 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) <<NOTE: Deadline.>>  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--

[[Page 123 STAT. 1098]]

                          (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 Dona 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;

[[Page 123 STAT. 1099]]

            (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 <<NOTE: New Mexico.>>  Stanton-Snowy River Cave 
National Conservation Area
SEC. 2201. <<NOTE: 16 USC 460yyy.>>  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. <<NOTE: 16 USC 460yyy-1.>>  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.

[[Page 123 STAT. 1100]]

SEC. 2203. <<NOTE: 16 USC 460yyy-2.>>  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) <<NOTE: Deadline.>>  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;

[[Page 123 STAT. 1101]]

                    (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. <<NOTE: 16 USC 460yyy-3.>>  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) <<NOTE: 16 USC 460iii note.>>  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''.

[[Page 123 STAT. 1102]]

       Subtitle E--Dominguez-Escalante National Conservation Area

SEC. 2401. <<NOTE: 16 USC 460zzz.>>  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 Dominguez-
        Escalante 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. <<NOTE: 16 USC 460zzz-1.>>  DOMINGUEZ-ESCALANTE 
                          NATIONAL CONSERVATION AREA.

    (a) Establishment.--
            (1) In general.--There is established the Dominguez-
        Escalante 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.--

[[Page 123 STAT. 1103]]

                    (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. <<NOTE: 16 USC 460zzz-2. 16 USC 1132 note.>>  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. <<NOTE: 16 USC 460zzz-3.>>  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.

[[Page 123 STAT. 1104]]

SEC. 2405. <<NOTE: 16 USC 460zzz-4.>>  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) <<NOTE: Contracts. Permits.>>  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

[[Page 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.--

[[Page 123 STAT. 1106]]

                          (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).

[[Page 123 STAT. 1107]]

            (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. <<NOTE: 16 USC 460zzz-5. Deadline.>>  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. <<NOTE: 16 USC 460zzz-6. Deadline.>>  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;

[[Page 123 STAT. 1108]]

            (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) <<NOTE: Termination date.>>  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. <<NOTE: 16 USC 460zzz-7.>>  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:

[[Page 123 STAT. 1109]]

            (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) <<NOTE: Deadline.>>  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.--

[[Page 123 STAT. 1110]]

                    (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

[[Page 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.--

[[Page 123 STAT. 1112]]

                    (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) <<NOTE: Deadline.>>  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) <<NOTE: Certification.>>  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--

[[Page 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

[[Page 123 STAT. 1114]]

                      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:

[[Page 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) <<NOTE: Deadline.>>  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.--

[[Page 123 STAT. 1116]]

            (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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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.

[[Page 123 STAT. 1117]]

    (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 <<NOTE: Notice.>>  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) <<NOTE: Plans.>>  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

[[Page 123 STAT. 1118]]

                    (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) <<NOTE: Deadline.>>  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 <<NOTE: Deadline.>>  of all or part of the Alta-
        Hualapai 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

[[Page 123 STAT. 1119]]

        the Alta-Hualapai Site that is necessary for the development of 
        a nonprofit cancer institute.
            (4) <<NOTE: Deadline.>>  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 Alta-Hualapai 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) <<NOTE: Deadlines.>>  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

[[Page 123 STAT. 1120]]

        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 reversionary interests of the United States 
                are to be exercised.

[[Page 123 STAT. 1121]]

            (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) <<NOTE: Deadlines.>>  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

[[Page 123 STAT. 1122]]

        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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Expiration date.>>  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).

[[Page 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

[[Page 123 STAT. 1124]]

                    (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 Management to Park 
City, Utah.--
            (1) <<NOTE: Deadline.>>  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) <<NOTE: Payments.>>  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) <<NOTE: Deadline.>>  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.

[[Page 123 STAT. 1125]]

    (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

[[Page 123 STAT. 1126]]

        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 <<NOTE: Deadline.>>  later than 90 days after that fieldwork is 
completed, that office shall complete the survey.

    (e) Legal Descriptions.--
            (1) <<NOTE: Federal Register, publication.>>  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) <<NOTE: Effective date.>>  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

[[Page 123 STAT. 1127]]

            ``(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. <<NOTE: 16 USC 551d.>>  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

[[Page 123 STAT. 1128]]

                                    (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 Bridger-Teton 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) <<NOTE: Applicability.>>  Land and Resource Management Plan.--
            (1) In general.--Subject to paragraph (2), the Bridger-Teton 
        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.).

[[Page 123 STAT. 1129]]

    (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) <<NOTE: Deadline.>>  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.

[[Page 123 STAT. 1130]]

            (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 right-of-
        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) <<NOTE: Appraisal.>>  the amount of 
                consideration for the sale shall reflect fair market 
                value, as determined by an appraisal; and
                    (B) <<NOTE: Payments.>>  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) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1131]]

        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. <<NOTE: New Mexico.>>  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

[[Page 123 STAT. 1132]]

        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

[[Page 123 STAT. 1133]]

                                    (II) be available for expenditure, 
                                without further appropriation, for the 
                                acquisition of land and interests in 
                                land in the State.
            (4) <<NOTE: Contracts.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1134]]

                          (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

[[Page 123 STAT. 1135]]

land in Kittitas County, Washington, consisting of approximately 1.5 
acres within the SW\1/4\ of the SE\1/4\ 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.--

[[Page 123 STAT. 1136]]

            (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 Wasatch-Cache 
        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

[[Page 123 STAT. 1137]]

        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) <<NOTE: Payments.>>  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. <<NOTE: Idaho. 16 USC 1132 note.>>  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:

[[Page 123 STAT. 1138]]

            (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;

[[Page 123 STAT. 1139]]

                    (B) <<NOTE: Payments.>>  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.

[[Page 123 STAT. 1140]]

                    (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) <<NOTE: Notice.>>  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.

[[Page 123 STAT. 1141]]

                 TITLE IV--FOREST LANDSCAPE RESTORATION

SEC. 4001. <<NOTE: 16 USC 7301.>>  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. <<NOTE: 16 USC 7302.>>  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. <<NOTE: 16 USC 7303.>>  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;

[[Page 123 STAT. 1142]]

                    (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;

[[Page 123 STAT. 1143]]

                    (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) <<NOTE: Proposal.>>  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).

[[Page 123 STAT. 1144]]

                    (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) <<NOTE: Plans.>>  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;

[[Page 123 STAT. 1145]]

                    (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) <<NOTE: Establishment.>>  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.

[[Page 123 STAT. 1146]]

            (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) <<NOTE: Deadline. Budget.>>  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

[[Page 123 STAT. 1147]]

        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. <<NOTE: 16 USC 7304.>>  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. <<NOTE: Craig Thomas Snake Headwaters Legacy Act of 
                          2008. 16 USC 1271 note.>>  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

[[Page 123 STAT. 1148]]

                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) <<NOTE: 16 USC 1274 note.>>  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

[[Page 123 STAT. 1149]]

                    (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

[[Page 123 STAT. 1150]]

                          ``(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) <<NOTE: 16 USC 1274 note.>>  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) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1151]]

                (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.

[[Page 123 STAT. 1152]]

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) <<NOTE: 16 USC 1274 note.>>  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 long-term 
        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--

[[Page 123 STAT. 1153]]

                    (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--

[[Page 123 STAT. 1154]]

                    ``(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) <<NOTE: 16 USC 1244 note.>>  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

[[Page 123 STAT. 1155]]

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) <<NOTE: 16 USC 1244 note.>>  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) <<NOTE: 16 USC 1244 note.>>  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. <<NOTE: 16 USC 1244 note.>>  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) <<NOTE: State listing.>>  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:

[[Page 123 STAT. 1156]]

            (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) <<NOTE: Federal Register, publication. Notice.>>  
        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) <<NOTE: Deadline.>>  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.

[[Page 123 STAT. 1157]]

                    (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.

[[Page 123 STAT. 1158]]

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.''.

[[Page 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

[[Page 123 STAT. 1160]]

        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.''.

[[Page 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) <<NOTE: Applicability.>>  Study requirements 
                and objectives.--The study requirements and objectives 
                specified in subsection (b) shall apply to a study 
                required by this subsection.
                    ``(C) <<NOTE: Deadline.>>  Completion and submission 
                of study.--A study listed in this subsection shall be 
                completed and submitted

[[Page 123 STAT. 1162]]

                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.

[[Page 123 STAT. 1163]]

                                    ``(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.--

[[Page 123 STAT. 1164]]

                    ``(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. <<NOTE: 16 USC 1244 note.>>  EFFECT.

    (a) Effect on Access for Recreational Activities.--Nothing in this 
title shall be construed as affecting access for recreational

[[Page 123 STAT. 1165]]

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. <<NOTE: 16 USC 1015.>>  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--

[[Page 123 STAT. 1166]]

                                    (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. <<NOTE: 16 USC 1015a.>>  PROGRAM.

    (a) <<NOTE: Deadline. Grants.>>  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 <<NOTE: Deadline.>>  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.--

[[Page 123 STAT. 1167]]

                          (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) <<NOTE: Deadline.>>  
                                Determination.--For each year of a 
                                first-phase 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 first-phase 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) <<NOTE: Deadline.>>  
                                Determination.--For each year of the 
                                second-phase grant, not later than 270 
                                days after the date on which a grant 
                                recipient first receives

[[Page 123 STAT. 1168]]

                                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 second-phase 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

[[Page 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 in-
                kind 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 in-
                kind 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.

[[Page 123 STAT. 1170]]

SEC. 6003. <<NOTE: 16 USC 1015b.>>  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) <<NOTE: Deadlines.>>  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 <<NOTE: 7 USC 426 note.>>  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.

[[Page 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) <<NOTE: Grants.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Records.>>  maintain files of all claims 
        received under programs funded by the grant, including 
        supporting documentation;
            (4) <<NOTE: Reports.>>  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) <<NOTE: Regulations.>>  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.

[[Page 123 STAT. 1172]]

    (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. <<NOTE: 16 USC 470aaa.>>  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 non-powered 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.

[[Page 123 STAT. 1173]]

SEC. 6302. <<NOTE: 16 USC 470aaa-1.>>  MANAGEMENT.

    (a) In General.--The Secretary shall manage and protect 
paleontological resources on Federal land using scientific principles 
and expertise. <<NOTE: Plans.>>  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. <<NOTE: 16 USC 470aaa-2.>>  PUBLIC AWARENESS AND 
                          EDUCATION PROGRAM.

    The Secretary shall establish a program to increase public awareness 
about the significance of paleontological resources.
SEC. 6304. <<NOTE: 16 USC 470aaa-3.>>  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

[[Page 123 STAT. 1174]]

            (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. <<NOTE: 16 USC 470aaa-4.>>  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. <<NOTE: 16 USC 470aaa-5.>>  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.

[[Page 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. <<NOTE: 16 USC 470aaa-6.>>  CIVIL PENALTIES.

    (a) In General.--
            (1) <<NOTE: Notification.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Deadlines.>>  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. <<NOTE: Records.>>  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

[[Page 123 STAT. 1176]]

                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. <<NOTE: 16 USC 470aaa-7.>>  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. <<NOTE: 16 USC 470aaa-8.>>  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;

[[Page 123 STAT. 1177]]

            (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. <<NOTE: Notice. Public comment. 16 USC 470aaa-9.>>  
                          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. <<NOTE: 16 USC 470aaa-10.>>  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. <<NOTE: 16 USC 470aaa-11.>>  AUTHORIZATION OF 
                          APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this subtitle.

   Subtitle E--Izembek <<NOTE: Alaska. 16 USC 668dd note.>>  National 
Wildlife Refuge Land Exchange
SEC. 6401. DEFINITIONS.

    In this subtitle:

[[Page 123 STAT. 1178]]

            (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) <<NOTE: Notification. King Cove Corporation.>>  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) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1179]]

                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 non-Federal 
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) <<NOTE: Waterfowl.>>  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;

[[Page 123 STAT. 1180]]

            (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) <<NOTE: Deadline.>>  Federal Permits.--It is the intent of 
Congress that any Federal permit required for construction of the road 
be issued

[[Page 123 STAT. 1181]]

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

[[Page 123 STAT. 1182]]

                    (B) administered in accordance with the laws 
                generally applicable to units of the National Wildlife 
                Refuge System.
            (3) <<NOTE: 16 USC 1132 note.>>  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

[[Page 123 STAT. 1183]]

        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. <<NOTE: 16 USC 410lll.>>  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''.

[[Page 123 STAT. 1184]]

                    (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) <<NOTE: Contract.>>  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) <<NOTE: Deadline. Federal Register, publication.>>  
        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

[[Page 123 STAT. 1185]]

                    (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-to-1 basis by non-Federal funds.
                          (ii) Form.--With the approval of the 
                      Secretary, the non-Federal share required under 
                      clause (i) may

[[Page 123 STAT. 1186]]

                      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) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1187]]

                          (iv) 2 members shall have experience with 
                      national parks and historic preservation.
                    (B) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1188]]

                                    (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) <<NOTE: Deadline.>>  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. <<NOTE: Arkansas. 16 USC 461 note.>>  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. <<NOTE: Michigan. 16 USC 430vv.>>  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

[[Page 123 STAT. 1189]]

        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) <<NOTE: Deadline.>>  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.

[[Page 123 STAT. 1190]]

  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. <<NOTE: 16 USC 461 note.>>  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

[[Page 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. <<NOTE: Ohio.>>  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), <<NOTE: 16 USC 410uu-1.>>  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.

[[Page 123 STAT. 1192]]

                          ``(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 <<NOTE: Effective date.>>  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''.

[[Page 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) <<NOTE: 16 USC 230 note.>>  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) <<NOTE: 16 USC 230 note, 231, 231a, 231b.>>  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) <<NOTE: 16 USC 230b, 230d.>>  by striking 
                ``Barataria Marsh Unit'' each place it appears and 
                inserting ``Barataria Preserve Unit''; and
                    (B) <<NOTE: 16 USC 230, 230a, 230h.>>  by striking 
                ``Jean Lafitte National Historical Park'' each place it 
                appears and inserting ``Jean Lafitte National Historical 
                Park and Preserve''.
SEC. 7106. <<NOTE: Massachusetts. 16 USC 410t note.>>  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. <<NOTE: Florida. 16 USC 410r-9.>>  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

[[Page 123 STAT. 1194]]

                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.

[[Page 123 STAT. 1195]]

                    (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 
                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.
            (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

[[Page 123 STAT. 1196]]

                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. <<NOTE: Hawaii. 16 USC 410jj-4 note. Ka `Ohana O 
                          Kalaupapa. Establishment.>>  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.--

[[Page 123 STAT. 1197]]

            (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. <<NOTE: Massachusetts.>>  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.''.

[[Page 123 STAT. 1198]]

            (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. <<NOTE: 16 USC 410mmm.>>  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), <<NOTE: 16 USC 461 note.>>  regarding the establishment 
        and administration of the Edison National Historic Site, is 
        repealed.
            (5) <<NOTE: 16 USC 431 note.>>  References.--Any reference 
        in a law, map, regulation, document, paper, or other record of 
        the United States to the

[[Page 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. <<NOTE: New York. 16 USC 469m.>>  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. <<NOTE: 16 USC 410ll-1.>>  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) <<NOTE: Guidelines.>>  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

[[Page 123 STAT. 1200]]

        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) <<NOTE: Web posting.>>  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) <<NOTE: Designation.>>  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.--

[[Page 123 STAT. 1201]]

                    (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. <<NOTE: New York. 16 USC 461 note.>>  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. <<NOTE: Texas.>>  PALO ALTO BATTLEFIELD NATIONAL 
                          HISTORICAL PARK.

    (a) Designation of Palo Alto Battlefield National Historical Park.--
            (1) <<NOTE: 16 USC 410nnn note.>>  In general.--The Palo 
        Alto Battlefield National Historic Site shall be known and 
        designated as the ``Palo Alto Battlefield National Historical 
        Park''.
            (2) <<NOTE: 16 USC 410nnn note.>>   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'';

[[Page 123 STAT. 1202]]

                    (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. <<NOTE: Kentucky. 16 USC 217b.>>  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''.

[[Page 123 STAT. 1203]]

            (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) <<NOTE: 16 USC 461 note.>>  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) <<NOTE: 16 USC 461 note.>>  is amended by striking 
``Cayohoga'' each place it appears and inserting ``Cuyahoga''.

    (k) Pennsylvania Avenue National Historic Site.--
            (1) <<NOTE: 16 USC 6702.>>  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''.

[[Page 123 STAT. 1204]]

            (2) <<NOTE: 16 USC 6702 note.>>  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 <<NOTE: 16 USC 410ww.>>  (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 <<NOTE: 16 USC 410ww-7.>>  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--

[[Page 123 STAT. 1205]]

            (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) <<NOTE: Public comment.>>  Consultation.--The 
        Secretaries shall provide for public comment in the preparation 
        of the study, including consultation with appropriate Federal, 
        State, and local governmental entities.

[[Page 123 STAT. 1206]]

            (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. <<NOTE: Virgin Islands.>>  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

[[Page 123 STAT. 1207]]

        associated with Alexander Hamilton's life on St. Croix in the 
        United States Virgin Islands.
            (2) <<NOTE: Evaluation.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Deadline.>>  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--

[[Page 123 STAT. 1208]]

            (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

[[Page 123 STAT. 1209]]

                    (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. <<NOTE: West Virginia.>>  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) <<NOTE: State listing.>>  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

[[Page 123 STAT. 1210]]

        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. <<NOTE: 16 USC 1a-5 note.>>  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;

[[Page 123 STAT. 1211]]

                    (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) <<NOTE: Deadline.>>  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) <<NOTE: Publication.>>  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

[[Page 123 STAT. 1212]]

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 
        non-profit organizations.

    (b) Study Requirements.--The Secretary shall conduct the study in 
accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
    (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 GERONIMO, PUERTO RICO.

    (a) Definitions.--In this section:
            (1) Fort san geronimo.--The term ``Fort San Geronimo'' (also 
        known as ``Fortin de San Geronimo del Boqueron'') 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 Geronimo and other related resources, 
        to determine--
                    (A) the suitability and feasibility of including 
                Fort San Geronimo 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 Geronimo 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.

[[Page 123 STAT. 1213]]

                   Subtitle D--Program Authorizations

SEC. 7301. <<NOTE: 16 USC 469k-1.>>  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.

[[Page 123 STAT. 1214]]

            (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. <<NOTE: 16 USC 469n.>>  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.

[[Page 123 STAT. 1215]]

                          (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) <<NOTE: Grants.>>  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) <<NOTE: Deadline. List.>>  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)

[[Page 123 STAT. 1216]]

        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) <<NOTE: Guidelines.>>  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. <<NOTE: 16 USC 469o.>>  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

[[Page 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) <<NOTE: Grants.>>  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) <<NOTE: Determination.>>  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.

[[Page 123 STAT. 1218]]

                    (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) <<NOTE: Deadline.>>  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) <<NOTE: Guidelines.>>  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''.

[[Page 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 <<NOTE: Extensions.>>  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 <<NOTE: Effective dates.>>  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. <<NOTE: Florida. 16 USC 470a note.>>  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;

[[Page 123 STAT. 1220]]

                          (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;

[[Page 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) <<NOTE: Deadline.>>  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--

[[Page 123 STAT. 1222]]

                    (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

[[Page 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) <<NOTE: Expiration date.>>  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.

[[Page 123 STAT. 1224]]

                   TITLE VIII--NATIONAL HERITAGE AREAS

           Subtitle A--Designation of National Heritage Areas

SEC. 8001. <<NOTE: 16 USC 461 note.>>  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 cross-section 
                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

[[Page 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) <<NOTE: Management plan.>>  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) <<NOTE: Public information. Deadlines.>>  
                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) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Records.>>  make available to the 
                      Secretary for audit all records relating to the 
                      expenditure of the funds and any matching funds;

[[Page 123 STAT. 1226]]

                          (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) <<NOTE: Deadline.>>  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

[[Page 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) <<NOTE: Deadline.>>  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) <<NOTE: Recommen- dations.>>  make 
                      recommendations for revisions to the management 
                      plan; and
                          (iii) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1228]]

                      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

[[Page 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. <<NOTE: 16 USC 461 note.>>  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.--

[[Page 123 STAT. 1230]]

            (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) <<NOTE: Management plan.>>  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

[[Page 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) <<NOTE: Public information. Deadlines.>>  
                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) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Records.>>  make available to the 
                      Secretary for audit all records relating to the 
                      expenditure of the funds and any matching funds; 
                      and
                          (iii) <<NOTE: Records.>>  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) <<NOTE: Deadline.>>  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--

[[Page 123 STAT. 1232]]

                                    (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) <<NOTE: Deadline.>>  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;

[[Page 123 STAT. 1233]]

                          (ii) <<NOTE: Recommen- dations.>>  make 
                      recommendations for revisions to the management 
                      plan; and
                          (iii) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1234]]

            (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.

[[Page 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. <<NOTE: 16 USC 461 note.>>  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 cross-section 
                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

[[Page 123 STAT. 1236]]

        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) <<NOTE: Management plan.>>  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;

[[Page 123 STAT. 1237]]

                    (D) <<NOTE: Public information. Deadlines.>>  
                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) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Records.>>  make available to the 
                      Secretary for audit all records relating to the 
                      expenditure of the Federal funds and any matching 
                      funds; and
                          (iii) <<NOTE: Records.>>  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) <<NOTE: Deadline.>>  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--

[[Page 123 STAT. 1238]]

                                    (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) <<NOTE: Deadline.>>  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--

[[Page 123 STAT. 1239]]

                          (i) advise the management entity in writing of 
                      the reasons for the disapproval;
                          (ii) <<NOTE: Recommen- dations.>>  make 
                      recommendations for revisions to the management 
                      plan; and
                          (iii) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1240]]

            (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. <<NOTE: 16 USC 461 note.>>  NORTHERN PLAINS NATIONAL 
                          HERITAGE AREA, NORTH DAKOTA.

    (a) Definitions.--In this section:

[[Page 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) <<NOTE: Management plan.>>  prepare a management 
                plan for the Heritage Area, and submit the management 
                plan to the Secretary, in accordance with this section;
                    (B) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Records.>>  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.

[[Page 123 STAT. 1242]]

            (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) <<NOTE: Deadline.>>  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;

[[Page 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) <<NOTE: Deadline.>>  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

[[Page 123 STAT. 1244]]

                      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) <<NOTE: Review.>>  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.

[[Page 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;

[[Page 123 STAT. 1246]]

            (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.

[[Page 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. <<NOTE: 16 USC 461 note.>>  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.--

[[Page 123 STAT. 1248]]

            (1) Duties of the local coordinating entity.--To further the 
        purposes of the Heritage Area, the local coordinating entity 
        shall--
                    (A) <<NOTE: Management plan.>>  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) <<NOTE: Public information. Deadlines.>>  
                conduct meetings open to the public at least 
                semiannually regarding the development and 
                implementation of the management plan;
                    (E) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Records.>>  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) <<NOTE: Records.>>  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

[[Page 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) <<NOTE: Deadline.>>  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;

[[Page 123 STAT. 1250]]

                    (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) <<NOTE: Deadline.>>  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;

[[Page 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) <<NOTE: Review.>>  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

[[Page 123 STAT. 1252]]

                          (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

[[Page 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. <<NOTE: 16 USC 461 note.>>  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:

[[Page 123 STAT. 1254]]

            (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) <<NOTE: Management plan.>>  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;

[[Page 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) <<NOTE: Public information. Deadlines.>>  
                conduct meetings open to the public at least quarterly 
                regarding the development and implementation of the 
                management plan;
                    (E) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Records.>>  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) <<NOTE: Records.>>  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.

[[Page 123 STAT. 1256]]

            (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) <<NOTE: Deadline.>>  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;

[[Page 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) <<NOTE: Deadline.>>  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--

[[Page 123 STAT. 1258]]

                                    (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) <<NOTE: Review.>>  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

[[Page 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

[[Page 123 STAT. 1260]]

                    (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. <<NOTE: 16 USC 461 note.>>  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,

[[Page 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) <<NOTE: Designation.>>  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.

[[Page 123 STAT. 1262]]

    (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) <<NOTE: Management plan.>>  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) <<NOTE: Public information. Deadline.>>  conduct 
                meetings open to the public at least annually regarding 
                the development and implementation of the management 
                plan;
                    (D) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Records.>>  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) <<NOTE: Records.>>  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--

[[Page 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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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.

[[Page 123 STAT. 1264]]

                    (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) <<NOTE: Recommen- dations.>>  
                                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

[[Page 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

[[Page 123 STAT. 1266]]

                      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.

[[Page 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 
                government-to-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. <<NOTE: 16 USC 461 note.>>  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.

[[Page 123 STAT. 1268]]

            (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--

                                              
                                              
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                                            (bb) Vice chairperson.--The 
                                        Vice Chairperson shall act as 
                                        Chairperson in the absence or 
                                        disability of the Chairperson.

[[Page 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) <<NOTE: Policies.>>  
                                        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) <<NOTE: Deadline.>>  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) <<NOTE: Management plan.>>  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

[[Page 123 STAT. 1270]]

                          (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) <<NOTE: Public information. Deadlines.>>  
                conduct meetings open to the public at least 
                semiannually regarding the development and 
                implementation of the management plan;
                    (E) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Records.>>  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) <<NOTE: Records.>>  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.--

[[Page 123 STAT. 1271]]

            (1) <<NOTE: Deadline.>>  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.

[[Page 123 STAT. 1272]]

            (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) <<NOTE: Deadline.>>  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

[[Page 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

[[Page 123 STAT. 1274]]

                      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;

[[Page 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-to-
        government 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. <<NOTE: 16 USC 461 note.>>  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

[[Page 123 STAT. 1276]]

            (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) <<NOTE: Designation.>>  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) <<NOTE: Management plan.>>  prepare, and submit 
                to the Secretary, in accordance with subsection (e), a 
                management plan for the Heritage Area;
                    (B) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Records.>>  make available for audit for 
                each fiscal year for which the local coordinating entity 
                receives Federal funds

[[Page 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) <<NOTE: Deadline.>>  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;

[[Page 123 STAT. 1278]]

                    (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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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

[[Page 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) <<NOTE: Review.>>  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

[[Page 123 STAT. 1280]]

                      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--

[[Page 123 STAT. 1281]]

                                    (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.--

[[Page 123 STAT. 1282]]

            (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. <<NOTE: 16 USC 461 note.>>  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.--

[[Page 123 STAT. 1283]]

            (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

[[Page 123 STAT. 1284]]

                      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) <<NOTE: Deadline.>>  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;

[[Page 123 STAT. 1285]]

                          (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) <<NOTE: Review.>>  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;

[[Page 123 STAT. 1286]]

                    (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) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Records.>>  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;

[[Page 123 STAT. 1287]]

                    (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 water-related 
        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.

[[Page 123 STAT. 1288]]

            (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--

[[Page 123 STAT. 1289]]

                                    (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.

[[Page 123 STAT. 1290]]

    (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

[[Page 123 STAT. 1291]]

                    (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).

[[Page 123 STAT. 1292]]

            ``(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) <<NOTE: Effective date.>>  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--

[[Page 123 STAT. 1293]]

            ``(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:

[[Page 123 STAT. 1294]]

            ``(4) <<NOTE: Definition.>>  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

[[Page 123 STAT. 1295]]

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

[[Page 123 STAT. 1296]]

        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 <<NOTE: Deadline.>>  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.--

[[Page 123 STAT. 1297]]

            (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.

[[Page 123 STAT. 1298]]

                   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,

[[Page 123 STAT. 1299]]

        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) <<NOTE: Contracts.>>  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--

[[Page 123 STAT. 1300]]

                    (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.

[[Page 123 STAT. 1301]]

                    (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.

[[Page 123 STAT. 1302]]

    (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) <<NOTE: Consultation.>>  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.

[[Page 123 STAT. 1303]]

            (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. <<NOTE: 43 USC 390h-32.>>  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) <<NOTE: Payments.>>  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.

[[Page 123 STAT. 1304]]

            (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,

[[Page 123 STAT. 1305]]

                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--

[[Page 123 STAT. 1306]]

                          (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) <<NOTE: Effective date.>>  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) <<NOTE: Notification.>>  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

[[Page 123 STAT. 1307]]

                                            (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--

[[Page 123 STAT. 1308]]

                          (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) <<NOTE: Deadline.>>  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) <<NOTE: Waiver authority.>>  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

[[Page 123 STAT. 1309]]

                      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

[[Page 123 STAT. 1310]]

            (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) <<NOTE: Contracts.>>  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.

[[Page 123 STAT. 1311]]

                    (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) <<NOTE: Permits.>>  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.

[[Page 123 STAT. 1312]]

            (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) <<NOTE: Notice.>>  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;

[[Page 123 STAT. 1313]]

                          (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 
                in-kind 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) <<NOTE: Reports.>>  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

[[Page 123 STAT. 1314]]

                    (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) <<NOTE: Applicability.>>  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.

[[Page 123 STAT. 1315]]

    (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. <<NOTE: 43 USC 390h-33.>>  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. <<NOTE: 43 USC 390h-34.>>  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--

[[Page 123 STAT. 1316]]

                    ``(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.

[[Page 123 STAT. 1317]]

            ``(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. <<NOTE: 43 USC 390h-35.>>  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:

[[Page 123 STAT. 1318]]

``SEC. 1653. <<NOTE: 43 USC 390h-36.>>  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 Riverside-Corona Feeder.--
            (1) In general.--The Secretary, in cooperation with the 
        District, may participate in the planning, design, and 
        construction of the Project.

[[Page 123 STAT. 1319]]

            (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. <<NOTE: 43 USC 390h-37.>>  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

[[Page 123 STAT. 1320]]

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. <<NOTE: 43 USC 390h-38.>>  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. <<NOTE: 43 USC 390h-39.>>  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 <<NOTE: 43 USC 616.>>  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 Fryingpan-Arkansas project 
excess capacity or exchange contracts using Fryingpan-Arkansas project 
facilities,''.

[[Page 123 STAT. 1321]]

    (b) <<NOTE: 43 USC 616a.>>  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 <<NOTE: 43 USC 616f.>>  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.''.

[[Page 123 STAT. 1322]]

             Subtitle C--Title Transfers and Clarifications

SEC. 9201. <<NOTE: Oklahoma.>>  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 Associated 
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 conveyance.--
                          (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--

[[Page 123 STAT. 1323]]

                                    (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) <<NOTE: Effective date.>>  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.

[[Page 123 STAT. 1324]]

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

[[Page 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

[[Page 123 STAT. 1326]]

        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) <<NOTE: Effective date.>>  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.

[[Page 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 
                                district.--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 interest-bearing 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 
        paragraph (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 Multi-Species 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 non-
        Federal 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

[[Page 123 STAT. 1328]]

        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) <<NOTE: Waiver.>>  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 
                Multi-Species 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.

[[Page 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. <<NOTE: 42 USC 10361.>>  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

[[Page 123 STAT. 1330]]

                          (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. <<NOTE: 42 USC 10362.>>  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).

[[Page 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).

[[Page 123 STAT. 1332]]

SEC. 9503. <<NOTE: 42 USC 10363.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Strategies.>>  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;

[[Page 123 STAT. 1333]]

                    (D) improved hydrologic models and other decision 
                support systems; and
                    (E) groundwater and surface water storage needs; and
            (5) <<NOTE: Monitoring plan.>>  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

[[Page 123 STAT. 1334]]

                      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. <<NOTE: 42 USC 10364.>>  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--

[[Page 123 STAT. 1335]]

                    (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 agreements.--
                    (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.

[[Page 123 STAT. 1336]]

                          (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. <<NOTE: 42 USC 10365.>>  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

[[Page 123 STAT. 1337]]

are required for the generation of hydroelectric power at each Federal 
water project that is applicable to a Federal Power Marketing 
Administration.
    (b) <<NOTE: Consultation.>>  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.

[[Page 123 STAT. 1338]]

SEC. 9506. <<NOTE: 42 USC 10366.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Procedures. Standards.>>  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

[[Page 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. <<NOTE: 42 USC 10367.>>  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

[[Page 123 STAT. 1340]]

        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) <<NOTE: Base network.>>  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) <<NOTE: Deadline.>>  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.

[[Page 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) <<NOTE: Criteria.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Monitoring plan.>>  develop and 
                      carry out a monitoring plan that maximizes 
                      coverage for each major aquifer system that is 
                      located in the United States; and
                    (C) <<NOTE: Consultation.>>  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

[[Page 123 STAT. 1342]]

                    (B) investigate, develop, and implement new 
                methodologies and technologies to estimate or measure 
                groundwater recharge, discharge, and storage in a more 
                cost-efficient 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--

[[Page 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. <<NOTE: 42 USC 10368.>>  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

[[Page 123 STAT. 1344]]

                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) <<NOTE: Assessment.>>  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.

[[Page 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.

[[Page 123 STAT. 1346]]

SEC. 9509. <<NOTE: 42 USC 10369.>>  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. <<NOTE: 42 USC 10370.>>  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 <<NOTE: 43 USC 510.>>  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 high- and 
        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

[[Page 123 STAT. 1347]]

                    (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. <<NOTE: 43 USC 510a.>>  GUIDELINES AND INSPECTION OF 
                          PROJECT FACILITIES AND TECHNICAL 
                          ASSISTANCE TO TRANSFERRED WORKS 
                          OPERATING ENTITIES.

    (a) <<NOTE: Deadlines.>>  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) <<NOTE: Recommen- dations.>>  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) <<NOTE: Determination.>>  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.

[[Page 123 STAT. 1348]]

                    (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. <<NOTE: 43 USC 510b.>>  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: <<NOTE: Contracts.>>  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.--

[[Page 123 STAT. 1349]]

            (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. <<NOTE: 43 USC 510c.>>  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. <<NOTE: 43 USC 510d.>>  AUTHORIZATION OF 
                          APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this subtitle.

                       TITLE X--WATER SETTLEMENTS

    Subtitle <<NOTE: California.>>  A--San Joaquin River Restoration 
Settlement

  PART <<NOTE: San Joaquin River Restoration Settlement Act.>>  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

[[Page 123 STAT. 1350]]

        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) <<NOTE: Memorandum.>>  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-of-Delta 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

[[Page 123 STAT. 1351]]

        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) <<NOTE: Analysis.>>  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

[[Page 123 STAT. 1352]]

                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) <<NOTE: Evaluation.>>  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) <<NOTE: Deadline.>>  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).

[[Page 123 STAT. 1353]]

    (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) <<NOTE: Determination.>>  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.

[[Page 123 STAT. 1354]]

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 <<NOTE: Determination.>>  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) <<NOTE: Assessment. Collections.>>  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

[[Page 123 STAT. 1355]]

            (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

[[Page 123 STAT. 1356]]

        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 long-
                term 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 cost-
                sharing 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 <<NOTE: Effective date.>>  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 long-term 
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

[[Page 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.

[[Page 123 STAT. 1358]]

                                    (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) <<NOTE: Deadlines.>>  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.

[[Page 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. <<NOTE: Cost estimate.>>  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. <<NOTE: Cost estimate.>>  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

[[Page 123 STAT. 1360]]

                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) <<NOTE: Waiver. Payments.>>  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

[[Page 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; <<NOTE: Deadline. Determination.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Effective date.>>  Effective in 2040, the charge 
        shall revert to the amount called for in section 10007(1) of 
        this part.
            (5) <<NOTE: Effective date.>>  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) <<NOTE: Deadlines. Notice.>>  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

[[Page 123 STAT. 1362]]

        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. <<NOTE: Public information.>>  The Secretary shall 
        promptly make such notice publicly available.
            (2) Determination of reductions to water deliveries.--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 <<NOTE: Deadline. Public information.>>  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

[[Page 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

[[Page 123 STAT. 1364]]

        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 sub-regional 
        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,

[[Page 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) <<NOTE: Studies.>>  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). <<NOTE: Reports. Public 
information.>>  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

[[Page 123 STAT. 1366]]

        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) <<NOTE: Applicability.>>  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) <<NOTE: Determinations.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Deadline. Public comment.>>  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--

[[Page 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) <<NOTE: Determination.>>  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. <<NOTE: Notice. Publication.>>  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 <<NOTE: Northwestern New Mexico Rural Water Projects 
 Act. Native Americans. 43 USC 371 note.>>  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. <<NOTE: 43 USC 407 note.>>  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

[[Page 123 STAT. 1368]]

        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.

[[Page 123 STAT. 1369]]

            (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 ``Non-Navajo 
        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.

[[Page 123 STAT. 1370]]

            (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. <<NOTE: 43 USC 407 note.>>  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

[[Page 123 STAT. 1371]]

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) <<NOTE: 43 USC 620n-1.>>  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) <<NOTE: Procedures.>>  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

[[Page 123 STAT. 1372]]

        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) <<NOTE: 43 USC 615jj.>>  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--

[[Page 123 STAT. 1373]]

                    ``(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) <<NOTE: 43 USC 615ss.>>  is amended by adding at the end the 
following:

    ``(d)(1) <<NOTE: Determination.>>  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.

[[Page 123 STAT. 1374]]

            ``(C) An annual normal diversion demand of 135,000 acre-feet 
        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.''.

[[Page 123 STAT. 1375]]

SEC. 10403. <<NOTE: 43 USC 620 note.>>  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. <<NOTE: 43 USC 407.>>  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).

[[Page 123 STAT. 1376]]

                    (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) <<NOTE: Effective 
                dates. Deadlines. Expenditures.>>  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.

[[Page 123 STAT. 1377]]

                                            (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

[[Page 123 STAT. 1378]]

                                        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) <<NOTE: Deadline.>>  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.

[[Page 123 STAT. 1379]]

            (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,

[[Page 123 STAT. 1380]]

        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) <<NOTE: Contracts.>>  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) <<NOTE: Contracts. Consultation.>>  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.

[[Page 123 STAT. 1381]]

    (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) <<NOTE: Contracts.>>  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) <<NOTE: Compliance.>>  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.

[[Page 123 STAT. 1382]]

                    (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) <<NOTE: Deadline.>>  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) <<NOTE: Payments.>>  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).

[[Page 123 STAT. 1383]]

                    (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 
                      acre-feet 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

[[Page 123 STAT. 1384]]

                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) <<NOTE: Payments.>>  agrees to pay the 
                      operation, maintenance, and replacement costs 
                      relating to the additional use of any Project 
                      facility; and
                          (iii) <<NOTE: Fees.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Waiver.>>  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

[[Page 123 STAT. 1385]]

                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) <<NOTE: Criteria. Policies. Contracts. Guidelin
                      es.>>  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; <<NOTE: Applicability.>>  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

[[Page 123 STAT. 1386]]

                      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--

[[Page 123 STAT. 1387]]

            (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) <<NOTE: Effective date.>>  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.

[[Page 123 STAT. 1388]]

    (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.--

[[Page 123 STAT. 1389]]

                    (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) <<NOTE: Determination.>>  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) <<NOTE: Effective date.>>  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.--

[[Page 123 STAT. 1390]]

            (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) <<NOTE: Determination.>>  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

[[Page 123 STAT. 1391]]

        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) <<NOTE: Determination.>>  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) <<NOTE: Review.>>  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) <<NOTE: Establishment.>>  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.

[[Page 123 STAT. 1392]]

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) <<NOTE: Effective date.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  Conjunctive Groundwater Development Plan.--
Not later than 1 year after the date of enactment of this Act, the

[[Page 123 STAT. 1393]]

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) <<NOTE: Determination. Contracts.>>  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) <<NOTE: Payments.>>  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.

[[Page 123 STAT. 1394]]

            (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 Fruitland-Cambridge 
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) <<NOTE: Deadline.>>  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) <<NOTE: Study.>>  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

[[Page 123 STAT. 1395]]

        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

[[Page 123 STAT. 1396]]

        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. <<NOTE: 43 USC 620 note.>>  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--

[[Page 123 STAT. 1397]]

                    (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  Depletion
                                                      (acre-     (acre-
                                                      feet/      feet/
                                                      year)      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--

[[Page 123 STAT. 1398]]

                    (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) <<NOTE: Arizona.>>  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.

[[Page 123 STAT. 1399]]

                    (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

[[Page 123 STAT. 1400]]

        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) <<NOTE: Applicability.>>  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

[[Page 123 STAT. 1401]]

                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.

[[Page 123 STAT. 1402]]

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) <<NOTE: Effective date.>>  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.--

[[Page 123 STAT. 1403]]

                    (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);

[[Page 123 STAT. 1404]]

            (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.);

[[Page 123 STAT. 1405]]

                    (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) <<NOTE: Time period.>>  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 time-
        based 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) <<NOTE: Federal Register, publication.>>  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) <<NOTE: Applicability.>>  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 <<NOTE: Nevada.>>  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 self-
        sufficiency and to settle Indian water rights claims without 
        lengthy and costly litigation, if practicable;

[[Page 123 STAT. 1406]]

            (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 Shoshone-Paiute 
        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

[[Page 123 STAT. 1407]]

            (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

[[Page 123 STAT. 1408]]

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) <<NOTE: Deadline.>>  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) <<NOTE: Regulations. Time period.>>  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 ``Shoshone-Paiute 
        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) <<NOTE: Notification.>>  for other 
                      purposes under subparagraph (B), provided that the 
                      Tribes have given written notification to the 
                      Secretary that--

[[Page 123 STAT. 1409]]

                                    (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 ``Shoshone-Paiute 
        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 
                water-related 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

[[Page 123 STAT. 1410]]

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.

[[Page 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

[[Page 123 STAT. 1412]]

        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) <<NOTE: Federal Register, publication.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Reversion.>>  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) <<NOTE: Time period.>>  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

[[Page 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.

[[Page 123 STAT. 1414]]

            (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, geochemical-map 
        data base, and a''; and
            (2) by striking ``provide'' and inserting ``provides''.

[[Page 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

[[Page 123 STAT. 1416]]

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.

[[Page 123 STAT. 1417]]

                            TITLE XII--OCEANS

                      Subtitle A--Ocean Exploration

                           PART I--EXPLORATION

SEC. 12001. <<NOTE: 33 USC 3401.>>  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. <<NOTE: 33 USC 3402.>>  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. <<NOTE: 33 USC 3403.>>  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

[[Page 123 STAT. 1418]]

        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. <<NOTE: 33 USC 3404.>>  OCEAN EXPLORATION AND UNDERSEA 
                            RESEARCH TECHNOLOGY AND INFRASTRUCTURE 
                            TASK FORCE.

    (a) <<NOTE: Establishment. Strategic plan.>>  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. <<NOTE: 33 USC 3405.>>  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).

[[Page 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. <<NOTE: 33 USC 3406.>>  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 <<NOTE: NOAA Undersea Research Program Act of 2009. 33 USC 3401 
note.>>  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. <<NOTE: 33 USC 3421.>>  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. <<NOTE: 33 USC 3422.>>  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. <<NOTE: 33 USC 3423.>>  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) <<NOTE: Deadlines. Federal Register, publication. Public 
comment.>>  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

[[Page 123 STAT. 1420]]

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. <<NOTE: 33 USC 3424.>>  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. <<NOTE: 33 USC 3425.>>  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) <<NOTE: Deadlines.>>  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. <<NOTE: 33 USC 3426.>>  AUTHORIZATION OF 
                            APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and 
Atmospheric Administration--
            (1) for fiscal year 2009--

[[Page 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 <<NOTE: Ocean and Coastal Mapping Integration Act.>>  B--Ocean 
and Coastal Mapping Integration Act
SEC. 12201. <<NOTE: 33 USC 3501 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Ocean and Coastal Mapping 
Integration Act''.
SEC. 12202. <<NOTE: 33 USC 3501.>>  ESTABLISHMENT OF PROGRAM.

    (a) <<NOTE: President.>>  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.

[[Page 123 STAT. 1422]]

    (b) Membership.--The Committee shall be comprised of high-level 
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 V-datum 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

[[Page 123 STAT. 1423]]

            (10) set forth a timetable for completion and implementation 
        of the plan.
SEC. 12203. <<NOTE: 33 USC 3502.>>  INTERAGENCY COMMITTEE ON OCEAN 
                            AND COASTAL MAPPING.

    (a) <<NOTE: Deadline. Establishment.>>  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. <<NOTE: 33 USC 3503.>>  BIENNIAL REPORTS.

    No later than 18 months after the date of enactment of this Act, and 
biennially thereafter, the co-chairmen of the Committee

[[Page 123 STAT. 1424]]

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. <<NOTE: 33 USC 3504.>>  PLAN.

    (a) <<NOTE: Deadline.>>  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.

[[Page 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

[[Page 123 STAT. 1426]]

            (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. <<NOTE: 33 USC 3505.>>  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. <<NOTE: 33 USC 3506.>>  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. <<NOTE: 33 USC 3507.>>  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.

[[Page 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 <<NOTE: Integrated Coastal and Ocean Observation System Act of 
 2009. 33 USC 3601 note.>>  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. <<NOTE: 33 USC 3601.>>  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;

[[Page 123 STAT. 1428]]

                    (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. <<NOTE: 33 USC 3602.>>  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

[[Page 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. <<NOTE: 33 USC 3603.>>  INTEGRATED COASTAL AND OCEAN 
                            OBSERVING SYSTEM.

    (a) <<NOTE: President.>>  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.

[[Page 123 STAT. 1430]]

            (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) <<NOTE: Establishment.>>  Interagency ocean observation 
        committee.--The Council shall establish or designate an 
        Interagency Ocean Observation Committee which shall--
                    (A) <<NOTE: Plans.>>  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) <<NOTE: Budget.>>  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) <<NOTE: Standards. Procedures.>>  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

[[Page 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) <<NOTE: Government organization.>>  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) <<NOTE: Guidelines. Certification.>>  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) <<NOTE: Contracts. Grants.>>  have the authority 
                to enter into and oversee contracts, leases, grants or 
                cooperative agreements with non-Federal 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

[[Page 123 STAT. 1432]]

                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) <<NOTE: Public information.>>  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) <<NOTE: Reports. Deadline.>>  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) <<NOTE: Plan.>>  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) <<NOTE: Certification. Contract. Guidelines.>>  
                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

[[Page 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 non-Federal 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) <<NOTE: Establishment.>>  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

[[Page 123 STAT. 1434]]

                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. <<NOTE: 33 USC 3604.>>  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,

[[Page 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. <<NOTE: 33 USC 3605.>>  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. <<NOTE: 33 USC 3606.>>  REPORT TO CONGRESS.

    (a) <<NOTE: President.>>  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. <<NOTE: 33 USC 3607.>>  PUBLIC-PRIVATE USE POLICY.

    The <<NOTE: Deadline.>>  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. <<NOTE: Federal 
Register, publication. Public comment. Time period.>>  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.

[[Page 123 STAT. 1436]]

SEC. 12309. <<NOTE: 33 USC 3608.>>  INDEPENDENT COST ESTIMATE.

    Within <<NOTE: Deadline.>>  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. <<NOTE: 33 USC 3609.>>  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. <<NOTE: 33 USC 3610.>>  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 <<NOTE: Federal Ocean Acidification Research and Monitoring 
 Act of 2009.>>  D--Federal Ocean Acidification Research and Monitoring 
Act of 2009
SEC. 12401. <<NOTE: 33 USC 3701 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Federal Ocean Acidification 
Research And Monitoring Act of 2009'' or the ``FOARAM Act''.
SEC. 12402. <<NOTE: 33 USC 3701.>>  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

[[Page 123 STAT. 1437]]

            (4) research adaptation strategies and techniques for 
        effectively conserving marine ecosystems as they cope with 
        increased ocean acidification.
SEC. 12403. <<NOTE: 33 USC 3702.>>  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. <<NOTE: 33 USC 3703.>>  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.

[[Page 123 STAT. 1438]]

    (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. <<NOTE: 33 USC 3704.>>  STRATEGIC RESEARCH PLAN.

    (a) <<NOTE: Deadline.>>  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--

[[Page 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 
        open-ocean 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

[[Page 123 STAT. 1440]]

        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) <<NOTE: Contracts.>>  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. <<NOTE: Deadline. Federal 
Register, publication.>>  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. <<NOTE: 33 USC 3705.>>  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

[[Page 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. <<NOTE: 33 USC 3706.>>  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, peer-
reviewed 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. <<NOTE: 33 USC 3707.>>  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. <<NOTE: 33 USC 3708.>>  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

[[Page 123 STAT. 1442]]

            (4) $15,000,000 for fiscal year 2012.

Subtitle <<NOTE: Coastal and Estuarine Land Conservation Program Act.>>  
E--Coastal and Estuarine Land Conservation Program
SEC. 12501. <<NOTE: 16 USC 1451 note.>>  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. <<NOTE: 16 USC 1456-1.>>   (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) <<NOTE: Guidelines.>>  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,

[[Page 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) <<NOTE: Performance 
        measures. Evaluations. Deadline.>>  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

[[Page 123 STAT. 1444]]

        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) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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.

[[Page 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. <<NOTE: Reports. Deadline.>>  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) <<NOTE: Certification.>>  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.''.

[[Page 123 STAT. 1446]]

                        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. <<NOTE: 7 USC 309.>>  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.

[[Page 123 STAT. 1447]]

    ``(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) <<NOTE: Effective date.>>  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.--

[[Page 123 STAT. 1448]]

                    ``(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 full-time 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.);

[[Page 123 STAT. 1449]]

                    ``(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. <<NOTE: New Mexico.>>  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

[[Page 123 STAT. 1450]]

        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

[[Page 123 STAT. 1451]]

                      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

[[Page 123 STAT. 1452]]

        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:
``Sec. 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 <<NOTE: Christopher and Dana Reeve Paralysis Act.>>  XIV--
CHRISTOPHER AND DANA REEVE PARALYSIS ACT
SEC. 14001. <<NOTE: 42 USC 201 note.>>  SHORT TITLE.

    This title may be cited as the ``Christopher and Dana Reeve 
Paralysis Act''.

                     Subtitle A--Paralysis Research

SEC. 14101. <<NOTE: 42 USC 284o.>>  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

[[Page 123 STAT. 1453]]

in order to further advance such activities and avoid duplication of 
activities.
    (b) Christopher and Dana Reeve Paralysis Research Consortia.--
            (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. <<NOTE: Designation.>>  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. <<NOTE: 42 USC 284p.>>  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.

[[Page 123 STAT. 1454]]

    (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. <<NOTE: 42 USC 280g-9.>>  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

[[Page 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.

[[Page 123 STAT. 1456]]

    (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. <<NOTE: 20 USC 50 note.>>  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. <<NOTE: 20 USC 50 note.>>  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. <<NOTE: Maryland. 20 USC 50 note.>>  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.

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.

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