In the House of Representatives, U. S.,

December 6, 2006.

Resolved, That the bill from the Senate (S. 1829) entitled ‘‘An Act to repeal certain sections of the Act of May 26, 

1936, pertaining to the Virgin Islands’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 TITLE I—SACRAMENTO-SAN 

2 JOAQUIN DELTA 

3 SEC. 101. CALIFORNIA DELTA SUBVENTION. 

4 (a) AUTHORITY.—The Secretary of the Interior, acting 

5 through the Commissioner of Reclamation, shall deposit 

6 within 30 days of receipt, all funds under this title into 

7 the Fund established by Cal. Water Code section 12300(a), 

8 to be used for project reimbursement under Cal. Water Code 

9 section 12300(b)(1), as in effect before July 1, 2006. 

10 (b) ADMINISTRATIVE COSTS.—The Bureau of Rec11 lamation may use not more than 1 percent of appropriated 

12 funds to cover administrative and overhead costs. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to carry out this section $10,000,000 for each 
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1 of fiscal years 2007 through 2012. Any amounts expended 

2 under this subsection shall be considered to be nonreimburs3 able Federal expenditures. 

4 TITLE II—NATIONAL HISTORIC 

5 PRESERVATION ACT AMEND6 MENTS 

7 SEC. 201. SHORT TITLE. 

8 This title may be cited as the ‘‘National Historic Pres9 ervation Act Amendments of 2006’’. 

10 SEC. 202. HISTORIC PRESERVATION OFFICER RESPONSIBIL11 ITIES. 

12 Section 101(b) of the National Historic Preservation 

13 Act (16 U.S.C. 470a(b)) is amended by adding at the end 

14 the following: 

15 ‘‘(7) The State Historic Preservation Officer 

16 shall have no authority to require an applicant for 

17 Federal assistance, permit, or license to identify his18 toric properties outside the undertaking’s area of po19 tential effects as determined by the Federal agency in 

20 accordance with the regulations implementing section 

21 106. 

22 ‘‘(8) If the State Historic Preservation Officer, 

23 Tribal representative, or Tribal Historic Preservation 

24 Officer fails to respond within 30 days after an ade25 quately documented finding of ‘no historic properties 
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1 affected’ or ‘no adverse effect’ as provided in the regu2 lations implementing section 106, the Federal agency 

3 may assume that the State Historic Preservation Of4 ficer or Tribal Historic Preservation Officer has no 

5 objection to the finding.’’. 

6 SEC. 203. ADDITIONAL CRITERIA FOR CERTIFICATION OF 

7 LOCAL GOVERNMENTS TO CARRY OUT NA8 TIONAL HISTORIC PRESERVATION ACT. 

9 Section 101(c)(1) of the National Historic Preserva10 tion Act (16 U.S.C. 470a(c)(1)) is amended—

11 (1) by striking ‘‘and’’ at the end of subpara12 graph (D); 

13 (2) by redesignating subparagraph (E) as sub14 paragraph (F); 

15 (3) by inserting after subparagraph (D) the fol16 lowing new subparagraph: 

17 ‘‘(E) agrees that it shall not use any eligi18 bility determination regarding the inclusion of 

19 any property or District on the National Reg20 ister to initiate local regulatory requirements 

21 unless the entity provides full due process protec22 tion to the owner or owners of the property or 

23 District through a hearing process; and’’; and 

24 (4) in the matter below the subparagraphs, by 

25 striking ‘‘through (E)’’ and inserting ‘‘through (F)’’. 
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1 SEC. 204. HISTORIC PRESERVATION FUND. 

2 Section 108 of the National Historic Preservation Act 

3 (16 U.S.C. 470h) is amended by striking ‘‘2005’’ and insert4 ing ‘‘2015’’. 

5 SEC. 205. ADVISORY COUNCIL ON HISTORIC PRESERVA6 TION. 

7 (a) MEMBERSHIP.—Section 201 of the National His8 toric Preservation Act (16 U.S.C. 470i) is amended—

9 (1) in subsection (a)(4), by striking ‘‘four’’ and 

10 inserting ‘‘seven’’; 

11 (2) in subsection (b), by striking ‘‘(5) and (6)’’ 

12 and inserting ‘‘paragraph (6)’’; and 

13 (3) in subsection (f), by striking ‘‘Nine’’ and in14 serting ‘‘Eleven’’. 

15 (b) FINANCIAL AND ADMINISTRATIVE SERVICES.—Sec16 tion 205(f) of such Act (16 U.S.C. 470m(f)) is amended to 

17 read as follows: 

18 ‘‘(f) Financial and administrative services (including 

19 those related to budgeting, accounting, financial reporting, 

20 personnel and procurement) shall be provided the Council 

21 by the Department of the Interior or, at the discretion of 

22 the Council, such other agency or private entity that reaches 

23 an agreement with the Council, for which payments shall 

24 be made in advance or by reimbursement from funds of the 

25 Council in such amounts as may be agreed upon by the 

26 Chairman of the Council and the head of the agency or, 
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1 in the case of a private entity, the authorized representative 

2 of the private entity that will provide the services. When 

3 a Federal agency affords such services, the regulations of 

4 that agency for the collection of indebtedness of personnel 

5 resulting from erroneous payments, prescribed under sec6 tion 5514(b) of title 5, United States Code, shall apply to 

7 the collection of erroneous payments made to or on behalf 

8 of a Council employee, and regulations of that agency for 

9 the administrative control of funds under sections 1513(d) 

10 and 1514 of title 31, United States Code, shall apply to 

11 appropriations of the Council. The Council shall not be re12 quired to prescribe such regulations.’’. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 212(a) of the Act (16 U.S.C. 470t(a)) is amended by strik15 ing ‘‘for purposes of this title not to exceed $4,000,000 for 

16 each fiscal year 1997 through 2005’’ and inserting ‘‘such 

17 amounts as may be necessary to carry out this title’’. 

18 SEC. 206. EFFECTIVENESS OF FEDERAL GRANT AND ASSIST19 ANCE PROGRAMS IN MEETING PURPOSES 

20 AND POLICIES OF THE NATIONAL HISTORIC 

21 PRESERVATION ACT. 

22 The National Historic Preservation Act is amended by 

23 inserting after section 215 (16 U.S.C. 470v–1) the following 

24 new section: 
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1 ‘‘SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND AS2 SISTANCE PROGRAMS. 

3 ‘‘(a) COOPERATIVE AGREEMENTS.—The Council may 

4 enter into a cooperative agreement with any Federal agency 

5 that administers a grant or assistance program for the pur6 pose of improving the effectiveness of the administration of 

7 such program in meeting the purposes and policies of this 

8 Act. Such cooperative agreements may include provisions 

9 that modify the selection criteria for a grant or assistance 

10 program to further the purposes of this Act or that allow 

11 the Council to participate in the selection of recipients, if 

12 such provisions are not inconsistent with the statutory au13 thorization and purpose of the grant or assistance program. 

14 ‘‘(b) REVIEW OF GRANT AND ASSISTANCE PRO15 GRAMS.—The council may—

16 ‘‘(1) review the operation of any Federal grant 

17 or assistance program to evaluate the effectiveness of 

18 such program in meeting the purposes and policies of 

19 this Act; 

20 ‘‘(2) make recommendations to the head of the 

21 Federal agency that administers such program to fur22 ther the consistency of the program with the purposes 

23 and policies of this Act and to improve its effective24 ness in carrying out those purposes and policies; and 

25 ‘‘(3) make recommendations to the President and 

26 the Congress regarding the effectiveness of Federal 
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1 grant and assistance programs in meeting the pur2 poses and policies of this Act, including recommenda3 tions with regard to appropriate funding levels.’’. 

4 TITLE III—REPEAL OF CERTAIN 

5 LAWS PERTAINING TO THE 

6 VIRGIN ISLANDS 

7 SEC. 301. REPEAL OF CERTAIN LAWS PERTAINING TO THE 

8 VIRGIN ISLANDS. 

9 (a) REPEAL.—Sections 1 through 6 of the Act of May 

10 26, 1936 (Chapter 450; 49 Stat. 1372–1373; 48 U.S.C. 

11 1401–1401e), are repealed. 

12 (b) EFFECTIVE DATE.—This section shall be deemed 

13 to have taken effect on July 22, 1954. 

14 TITLE IV—NATIONAL PARK SYS15 TEM SPECIAL RESOURCE 

16 STUDY, NEWTONIA CIVIL WAR 

17 BATTLEFIELDS, MISSOURI 

18 SEC. 401. NATIONAL PARK SYSTEM SPECIAL RESOURCE 

19 STUDY, NEWTONIA CIVIL WAR BATTLEFIELDS, 

20 MISSOURI. 

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

22 Interior shall conduct a special resource study relating to 

23 the First Battle of Newtonia in Newton County, Missouri, 

24 which occurred on September 30, 1862, and the Second Bat25 tle of Newtonia, which occurred on October 28, 1864, during 
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1 the Missouri Expedition of Confederate General Sterling 

2 Price in September and October 1864. 

3 (b) CONTENTS.—In conducting the study under sub4 section (a), the Secretary shall—

5 (1) evaluate the national significance of the 

6 Newtonia battlefields and their related sites; 

7 (2) consider the findings and recommendations 

8 contained in the document entitled ‘‘Vision Plan for 

9 Newtonia Battlefield Preservation’’ and dated June 

10 2004, which was prepared by the Newtonia Battle11 fields Protection Association; 

12 (3) evaluate the suitability and feasibility of 

13 adding the battlefields and related sites as part of 

14 Wilson’s Creek National Battlefield or designating the 

15 battlefields and related sites as a unit of the National 

16 Park System; 

17 (4) analyze the potential impact that the inclu18 sion of the battlefields and related sites as part of 

19 Wilson’s Creek National Battlefield or their designa20 tion as a unit of the National Park System is likely 

21 to have on land within or bordering the battlefields 

22 and related sites that is privately owned at the time 

23 of the study is conducted; 

24 (5) consider alternatives for preservation, protec25 tion, and interpretation of the battlefields and related 
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1 sites by the National Park Service, other Federal, 

2 State, or local governmental entities, or private and 

3 nonprofit organizations; and 

4 (6) identify cost estimates for any necessary ac5 quisition, development, interpretation, operation, and 

6 maintenance associated with the alternatives referred 

7 to in paragraph (5). 

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

9 potential inclusion in the National Park System contained 

10 in section 8 of Public Law 91–383 (16 U.S.C. 1a–5) shall 

11 apply to the study under subsection (a). 

12 (d) TRANSMISSION TO CONGRESS.—Not later than 

13 three years after the date on which funds are first made 

14 available for the study under subsection (a), the Secretary 

15 shall submit to the Committee on Resources of the House 

16 of Representatives and the Committee on Energy and Nat17 ural Resources of the Senate a report containing—

18 (1) the results of the study; and 

19 (2) any conclusions and recommendations of the 

20 Secretary.
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Amend the title so as to read ‘‘An Act to repeal certain sections of the Act of May 26, 1936, pertaining to 

the Virgin Islands, and for other purposes.’’.

Attest:

Clerk. 
109TH CONGRESS 

2D SESSION S. 1829

AMENDMENTS