111TH CONGRESS 

1ST SESSION S. 22 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Omnibus Public Land Management Act of 2009’’. 

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

5 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, Virginia, 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 
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Sec. 1401. Definitions. 

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 
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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. 

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. 
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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. 

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. 
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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. 

TITLE VI—DEPARTMENT OF THE INTERIOR AUTHORIZATIONS 

Subtitle A—Cooperative Watershed Management Program 

Sec. 6001. Definitions. 

Sec. 6002. Program. 

Sec. 6003. Effect of subtitle. 
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Subtitle B—Competitive Status for Federal Employees in Alaska 

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

Alaska. 

Subtitle C—Management of the Baca National Wildlife Refuge 

Sec. 6201. Baca National Wildlife Refuge. 

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. 

Subtitle F—Wolf Livestock Loss Demonstration Project 

Sec. 6501. Definitions. 

Sec. 6502. Wolf compensation and prevention program. 

Sec. 6503. Authorization of appropriations. 

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. 
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Sec. 7108. Kalaupapa National Historical Park. 

Sec. 7109. Boston Harbor Islands National Recreation Area. 

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

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

Sec. 7112. Martin Van Buren National Historic Site. 

Sec. 7113. Palo Alto Battlefield National Historical Park. 

Sec. 7114. Abraham Lincoln Birthplace National Historical Park. 

Sec. 7115. New River Gorge National River. 

Sec. 7116. Technical corrections. 

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

Sec. 7118. Fort Davis National Historic Site. 

Subtitle C—Special Resource Studies 

Sec. 7201. Walnut Canyon study. 

Sec. 7202. Tule Lake Segregation Center, California. 

Sec. 7203. Estate Grange, St. Croix. 

Sec. 7204. Harriet Beecher Stowe House, Maine. 

Sec. 7205. Shepherdstown battlefield, West Virginia. 

Sec. 7206. Green McAdoo School, Tennessee. 

Sec. 7207. Harry S Truman Birthplace, Missouri. 

Sec. 7208. Battle of Matewan special resource study. 

Sec. 7209. Butterfield Overland Trail. 

Sec. 7210. Cold War sites theme study. 

Sec. 7211. Battle of Camden, South Carolina. 

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

Subtitle D—Program Authorizations 

Sec. 7301. American Battlefield Protection Program. 

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. National Park System Advisory Board. 

Sec. 7404. Concessions Management Advisory Board. 

Sec. 7405. 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. 
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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. 

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 Cailfornia 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. 

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 
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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. 
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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. 

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. 
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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. 

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. 
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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. 
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1 TITLE I—ADDITIONS TO THE NA2 TIONAL WILDERNESS PRES3 ERVATION SYSTEM 

4 Subtitle A—Wild Monongahela 

5 Wilderness 

6 SEC. 1001. DESIGNATION OF WILDERNESS, MONONGAHELA 

7 NATIONAL FOREST, WEST VIRGINIA. 

8 (a) DESIGNATION.—In furtherance of the purposes of 

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

10 Federal lands within the Monongahela National Forest in 

11 the State of West Virginia are designated as wilderness 

12 and as either a new component of the National Wilderness 

13 Preservation System or as an addition to an existing com14 ponent of the National Wilderness Preservation System: 

15 (1) Certain Federal land comprising approxi16 mately 5,144 acres, as generally depicted on the 

17 map entitled ‘‘Big Draft Proposed Wilderness’’ and 

18 dated March 11, 2008, which shall be known as the 

19 ‘‘Big Draft Wilderness’’. 

20 (2) Certain Federal land comprising approxi21 mately 11,951 acres, as generally depicted on the 

22 map entitled ‘‘Cranberry Expansion Proposed Wil23 derness’’ and dated March 11, 2008, which shall be 

24 added to and administered as part of the Cranberry 
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1 Wilderness designated by section 1(1) of Public Law 

2 97–466 (96 Stat. 2538). 

3 (3) Certain Federal land comprising approxi4 mately 7,156 acres, as generally depicted on the 

5 map entitled ‘‘Dolly Sods Expansion Proposed Wil6 derness’’ and dated March 11, 2008, which shall be 

7 added to and administered as part of the Dolly Sods 

8 Wilderness designated by section 3(a)(13) of Public 

9 Law 93–622 (88 Stat. 2098). 

10 (4) Certain Federal land comprising approxi11 mately 698 acres, as generally depicted on the map 

12 entitled ‘‘Otter Creek Expansion Proposed Wilder13 ness’’ and dated March 11, 2008, which shall be 

14 added to and administered as part of the Otter 

15 Creek Wilderness designated by section 3(a)(14) of 

16 Public Law 93–622 (88 Stat. 2098). 

17 (5) Certain Federal land comprising approxi18 mately 6,792 acres, as generally depicted on the 

19 map entitled ‘‘Roaring Plains Proposed Wilderness’’ 

20 and dated March 11, 2008, which shall be known as 

21 the ‘‘Roaring Plains West Wilderness’’. 

22 (6) Certain Federal land comprising approxi23 mately 6,030 acres, as generally depicted on the 

24 map entitled ‘‘Spice Run Proposed Wilderness’’ and 
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1 dated March 11, 2008, which shall be known as the 

2 ‘‘Spice Run Wilderness’’. 

3 (b) MAPS AND LEGAL DESCRIPTION.— 

4 (1) FILING AND AVAILABILITY.—As soon as 

5 practicable after the date of the enactment of this 

6 Act, the Secretary of Agriculture, acting through the 

7 Chief of the Forest Service, shall file with the Com8 mittee on Natural Resources of the House of Rep9 resentatives and the Committee on Energy and Nat10 ural Resources of the Senate a map and legal de11 scription of each wilderness area designated or ex12 panded by subsection (a). The maps and legal de13 scriptions shall be on file and available for public in14 spection in the office of the Chief of the Forest Serv15 ice and the office of the Supervisor of the 

16 Monongahela National Forest. 

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

18 descriptions referred to in this subsection shall have 

19 the same force and effect as if included in this sub20 title, except that the Secretary may correct errors in 

21 the maps and descriptions. 

22 (c) ADMINISTRATION.—Subject to valid existing 

23 rights, the Federal lands designated as wilderness by sub24 section (a) shall be administered by the Secretary in ac25 cordance with the Wilderness Act (16 U.S.C. 1131 et 
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1 seq.). The Secretary may continue to authorize the com2 petitive running event permitted from 2003 through 2007 

3 in the vicinity of the boundaries of the Dolly Sods Wilder4 ness addition designated by paragraph (3) of subsection 

5 (a) and the Roaring Plains West Wilderness Area des6 ignated by paragraph (5) of such subsection, in a manner 

7 compatible with the preservation of such areas as wilder8 ness. 

9 (d) EFFECTIVE DATE OF WILDERNESS ACT.—With 

10 respect to the Federal lands designated as wilderness by 

11 subsection (a), any reference in the Wilderness Act (16 

12 U.S.C. 1131 et seq.) to the effective date of the Wilderness 

13 Act shall be deemed to be a reference to the date of the 

14 enactment of this Act. 

15 (e) FISH AND WILDLIFE.—As provided in section 

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

17 nothing in this section affects the jurisdiction or responsi18 bility of the State of West Virginia with respect to wildlife 

19 and fish. 

20 SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH 

21 WILDERNESS, MONONGAHELA NATIONAL 

22 FOREST. 

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

24 Laurel Fork South Wilderness designated by section 1(3) 

25 of Public Law 97–466 (96 Stat. 2538) is modified to ex-
18 

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1 clude two parcels of land, as generally depicted on the map 

2 entitled ‘‘Monongahela National Forest Laurel Fork 

3 South Wilderness Boundary Modification’’ and dated 

4 March 11, 2008, and more particularly described accord5 ing to the site-specific maps and legal descriptions on file 

6 in the office of the Forest Supervisor, Monongahela Na7 tional Forest. The general map shall be on file and avail8 able for public inspection in the Office of the Chief of the 

9 Forest Service. 

10 (b) MANAGEMENT.—Federally owned land delineated 

11 on the maps referred to in subsection (a) as the Laurel 

12 Fork South Wilderness, as modified by such subsection, 

13 shall continue to be administered by the Secretary of Agri14 culture in accordance with the Wilderness Act (16 U.S.C. 

15 1131 et seq.). 

16 SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY 

17 CONFIRMATION. 

18 (a) IN GENERAL.—The boundary of the 

19 Monongahela National Forest is confirmed to include the 

20 tracts of land as generally depicted on the map entitled 

21 ‘‘Monongahela National Forest Boundary Confirmation’’ 

22 and dated March 13, 2008, and all Federal lands under 

23 the jurisdiction of the Secretary of Agriculture, acting 

24 through the Chief of the Forest Service, encompassed 
19 

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1 within such boundary shall be managed under the laws 

2 and regulations pertaining to the National Forest System. 

3 (b) LAND AND WATER CONSERVATION FUND.—For 

4 the purposes of section 7 of the Land and Water Con5 servation Fund Act of 1965 (16 U.S.C. 460l–9), the 

6 boundaries of the Monongahela National Forest, as con7 firmed by subsection (a), shall be considered to be the 

8 boundaries of the Monongahela National Forest as of Jan9 uary 1, 1965. 

10 SEC. 1004. ENHANCED TRAIL OPPORTUNITIES. 

11 (a) PLAN.— 

12 (1) IN GENERAL.—The Secretary of Agri13 culture, in consultation with interested parties, shall 

14 develop a plan to provide for enhanced nonmotorized 

15 recreation trail opportunities on lands not des16 ignated as wilderness within the Monongahela Na17 tional Forest. 

18 (2) NONMOTORIZED RECREATION TRAIL DE19 FINED.—For the purposes of this subsection, the 

20 term ‘‘nonmotorized recreation trail’’ means a trail 

21 designed for hiking, bicycling, and equestrian use. 

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

23 of the enactment of this Act, the Secretary of Agriculture 

24 shall submit to Congress a report on the implementation 
20 

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1 of the plan required under subsection (a), including the 

2 identification of priority trails for development. 

3 (c) CONSIDERATION OF CONVERSION OF FOREST

4 ROADS TO RECREATIONAL USES.—In considering possible 

5 closure and decommissioning of a Forest Service road 

6 within the Monongahela National Forest after the date of 

7 the enactment of this Act, the Secretary of Agriculture, 

8 in accordance with applicable law, may consider converting 

9 the road to nonmotorized uses to enhance recreational op10 portunities within the Monongahela National Forest. 

11 Subtitle B—Virginia Ridge and 

12 Valley Wilderness 

13 SEC. 1101. DEFINITIONS. 

14 In this subtitle: 

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

16 means the Seng Mountain National Scenic Area and 

17 the Bear Creek National Scenic Area. 

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

19 the Secretary of Agriculture. 
21 

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1 SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOR2 EST SYSTEM LAND IN JEFFERSON NATIONAL 

3 FOREST AS WILDERNESS OR A WILDERNESS 

4 STUDY AREA. 

5 (a) DESIGNATION OF WILDERNESS.—Section 1 of 

6 Public Law 100–326 (16 U.S.C. 1132 note; 102 Stat. 

7 584, 114 Stat. 2057), is amended— 

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

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

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

11 and inserting ‘‘Certain’’; 

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

13 striking the semicolon at the end and inserting a pe14 riod; 

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

16 inserting a period; and 

17 (5) by adding at the end the following: 

18 ‘‘(9) Certain land in the Jefferson National 

19 Forest comprising approximately 3,743 acres, as 

20 generally depicted on the map entitled ‘Brush Moun21 tain and Brush Mountain East’ and dated May 5, 

22 2008, which shall be known as the ‘Brush Mountain 

23 East Wilderness’. 

24 ‘‘(10) Certain land in the Jefferson National 

25 Forest comprising approximately 4,794 acres, as 

26 generally depicted on the map entitled ‘Brush Moun-
22 

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1 tain and Brush Mountain East’ and dated May 5, 

2 2008, which shall be known as the ‘Brush Mountain 

3 Wilderness’. 

4 ‘‘(11) Certain land in the Jefferson National 

5 Forest comprising approximately 4,223 acres, as 

6 generally depicted on the map entitled ‘Seng Moun7 tain and Raccoon Branch’ and dated April 28, 2008, 

8 which shall be known as the ‘Raccoon Branch Wil9 derness’. 

10 ‘‘(12) Certain land in the Jefferson National 

11 Forest comprising approximately 3,270 acres, as 

12 generally depicted on the map entitled ‘Stone Moun13 tain’ and dated April 28, 2008, which shall be 

14 known as the ‘Stone Mountain Wilderness’. 

15 ‘‘(13) Certain land in the Jefferson National 

16 Forest comprising approximately 8,470 acres, as 

17 generally depicted on the map entitled ‘Garden 

18 Mountain and Hunting Camp Creek’ and dated 

19 April 28, 2008, which shall be known as the ‘Hunt20 ing Camp Creek Wilderness’. 

21 ‘‘(14) Certain land in the Jefferson National 

22 Forest comprising approximately 3,291 acres, as 

23 generally depicted on the map entitled ‘Garden 

24 Mountain and Hunting Camp Creek’ and dated 
23 

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

2 Mountain Wilderness’. 

3 ‘‘(15) Certain land in the Jefferson National 

4 Forest comprising approximately 5,476 acres, as 

5 generally depicted on the map entitled ‘Mountain 

6 Lake Additions’ and dated April 28, 2008, which is 

7 incorporated in the Mountain Lake Wilderness des8 ignated by section 2(6) of the Virginia Wilderness 

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

10 586). 

11 ‘‘(16) Certain land in the Jefferson National 

12 Forest comprising approximately 308 acres, as gen13 erally depicted on the map entitled ‘Lewis Fork Ad14 dition and Little Wilson Creek Additions’ and dated 

15 April 28, 2008, which is incorporated in the Lewis 

16 Fork Wilderness designated by section 2(3) of the 

17 Virginia Wilderness Act of 1984 (16 U.S.C. 1132 

18 note; Public Law 98–586). 

19 ‘‘(17) Certain land in the Jefferson National 

20 Forest comprising approximately 1,845 acres, as 

21 generally depicted on the map entitled ‘Lewis Fork 

22 Addition and Little Wilson Creek Additions’ and 

23 dated April 28, 2008, which is incorporated in the 

24 Little Wilson Creek Wilderness designated by section 
24 

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1 2(5) of the Virginia Wilderness Act of 1984 (16 

2 U.S.C. 1132 note; Public Law 98–586). 

3 ‘‘(18) Certain land in the Jefferson National 

4 Forest comprising approximately 2,219 acres, as 

5 generally depicted on the map entitled ‘Shawvers 

6 Run Additions’ and dated April 28, 2008, which is 

7 incorporated in the Shawvers Run Wilderness des8 ignated by paragraph (4). 

9 ‘‘(19) Certain land in the Jefferson National 

10 Forest comprising approximately 1,203 acres, as 

11 generally depicted on the map entitled ‘Peters Moun12 tain Addition’ and dated April 28, 2008, which is in13 corporated in the Peters Mountain Wilderness des14 ignated by section 2(7) of the Virginia Wilderness 

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

16 586). 

17 ‘‘(20) Certain land in the Jefferson National 

18 Forest comprising approximately 263 acres, as gen19 erally depicted on the map entitled ‘Kimberling 

20 Creek Additions and Potential Wilderness Area’ and 

21 dated April 28, 2008, which is incorporated in the 

22 Kimberling Creek Wilderness designated by section 

23 2(2) of the Virginia Wilderness Act of 1984 (16 

24 U.S.C. 1132 note; Public Law 98–586).’’. 
25 

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1 (b) DESIGNATION OF WILDERNESS STUDY AREA.— 

2 The Virginia Wilderness Act of 1984 (16 U.S.C. 1132 

3 note; Public Law 98–586) is amended— 

4 (1) in the first section, by inserting ‘‘as’’ after 

5 ‘‘cited’’; and 

6 (2) in section 6(a)— 

7 (A) by striking ‘‘certain’’ each place it ap8 pears and inserting ‘‘Certain’’; 

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

10 striking the semicolon at the end and inserting 

11 a period; 

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

13 and inserting a period; and 

14 (D) by adding at the end the following: 

15 ‘‘(5) Certain land in the Jefferson National 

16 Forest comprising approximately 3,226 acres, as 

17 generally depicted on the map entitled ‘Lynn Camp 

18 Creek Wilderness Study Area’ and dated April 28, 

19 2008, which shall be known as the ‘Lynn Camp 

20 Creek Wilderness Study Area’.’’. 

21 SEC. 1103. DESIGNATION OF KIMBERLING CREEK POTEN22 TIAL WILDERNESS AREA, JEFFERSON NA23 TIONAL FOREST, VIRGINIA. 

24 (a) DESIGNATION.—In furtherance of the purposes of 

25 the Wilderness Act (16 U.S.C. 1131 et seq.), certain land 
26 

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1 in the Jefferson National Forest comprising approxi2 mately 349 acres, as generally depicted on the map enti3 tled ‘‘Kimberling Creek Additions and Potential Wilder4 ness Area’’ and dated April 28, 2008, is designated as 

5 a potential wilderness area for incorporation in the 

6 Kimberling Creek Wilderness designated by section 2(2) 

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

8 note; Public Law 98–586). 

9 (b) MANAGEMENT.—Except as provided in subsection 

10 (c) and subject to valid existing rights, the Secretary shall 

11 manage the potential wilderness area in accordance with 

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

13 (c) ECOLOGICAL RESTORATION.— 

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

15 restoration (including the elimination of nonnative 

16 species, removal of illegal, unused, or decommis17 sioned roads, and any other activity necessary to re18 store the natural ecosystems in the potential wilder19 ness area), the Secretary may use motorized equip20 ment and mechanized transport in the potential wil21 derness area until the date on which the potential 

22 wilderness area is incorporated into the Kimberling 

23 Creek Wilderness. 

24 (2) LIMITATION.—To the maximum extent 

25 practicable, the Secretary shall use the minimum 
27 

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1 tool or administrative practice necessary to accom2 plish ecological restoration with the least amount of 

3 adverse impact on wilderness character and re4 sources. 

5 (d) WILDERNESS DESIGNATION.—The potential wil6 derness area shall be designated as wilderness and incor7 porated in the Kimberling Creek Wilderness on the earlier 

8 of— 

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

10 the Federal Register notice that the conditions in 

11 the potential wilderness area that are incompatible 

12 with the Wilderness Act (16 U.S.C. 1131 et seq.) 

13 have been removed; or 

14 (2) the date that is 5 years after the date of en15 actment of this Act. 

16 SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC 

17 AREAS, JEFFERSON NATIONAL FOREST, VIR18 GINIA. 

19 (a) ESTABLISHMENT.—There are designated as Na20 tional Scenic Areas— 

21 (1) certain National Forest System land in the 

22 Jefferson National Forest, comprising approximately 

23 5,192 acres, as generally depicted on the map enti24 tled ‘‘Seng Mountain and Raccoon Branch’’ and 
28 

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1 dated April 28, 2008, which shall be known as the 

2 ‘‘Seng Mountain National Scenic Area’’; and 

3 (2) certain National Forest System land in the 

4 Jefferson National Forest, comprising approximately 

5 5,128 acres, as generally depicted on the map enti6 tled ‘‘Bear Creek’’ and dated April 28, 2008, which 

7 shall be known as the ‘‘Bear Creek National Scenic 

8 Area’’. 

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

10 are— 

11 (1) to ensure the protection and preservation of 

12 scenic quality, water quality, natural characteristics, 

13 and water resources of the scenic areas; 

14 (2) consistent with paragraph (1), to protect 

15 wildlife and fish habitat in the scenic areas; 

16 (3) to protect areas in the scenic areas that 

17 may develop characteristics of old-growth forests; 

18 and 

19 (4) consistent with paragraphs (1), (2), and 

20 (3), to provide a variety of recreation opportunities 

21 in the scenic areas. 

22 (c) ADMINISTRATION.— 

23 (1) IN GENERAL.—The Secretary shall admin24 ister the scenic areas in accordance with— 

25 (A) this subtitle; and 
29 

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1 (B) the laws (including regulations) gen2 erally applicable to the National Forest System. 

3 (2) AUTHORIZED USES.—The Secretary shall 

4 only allow uses of the scenic areas that the Secretary 

5 determines will further the purposes of the scenic 

6 areas, as described in subsection (b). 

7 (d) MANAGEMENT PLAN.— 

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

9 the date of enactment of this Act, the Secretary 

10 shall develop as an amendment to the land and re11 source management plan for the Jefferson National 

12 Forest a management plan for the scenic areas. 

13 (2) EFFECT.—Nothing in this subsection re14 quires the Secretary to revise the land and resource 

15 management plan for the Jefferson National Forest 

16 under section 6 of the Forest and Rangeland Renew17 able Resources Planning Act of 1974 (16 U.S.C. 

18 1604). 

19 (e) ROADS.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), after the date of enactment of this Act, 

22 no roads shall be established or constructed within 

23 the scenic areas. 

24 (2) LIMITATION.—Nothing in this subsection 

25 denies any owner of private land (or an interest in 
30 

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1 private land) that is located in a scenic area the 

2 right to access the private land. 

3 (f) TIMBER HARVEST.— 

4 (1) IN GENERAL.—Except as provided in para5 graphs (2) and (3), no harvesting of timber shall be 

6 allowed within the scenic areas. 

7 (2) EXCEPTIONS.—The Secretary may author8 ize harvesting of timber in the scenic areas if the 

9 Secretary determines that the harvesting is nec10 essary to— 

11 (A) control fire; 

12 (B) provide for public safety or trail ac13 cess; or 

14 (C) control insect and disease outbreaks. 

15 (3) FIREWOOD FOR PERSONAL USE.—Firewood 

16 may be harvested for personal use along perimeter 

17 roads in the scenic areas, subject to any conditions 

18 that the Secretary may impose. 

19 (g) INSECT AND DISEASE OUTBREAKS.—The Sec20 retary may control insect and disease outbreaks— 

21 (1) to maintain scenic quality; 

22 (2) to prevent tree mortality; 

23 (3) to reduce hazards to visitors; or 

24 (4) to protect private land. 
31 

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1 (h) VEGETATION MANAGEMENT.—The Secretary 

2 may engage in vegetation manipulation practices in the 

3 scenic areas to maintain the visual quality and wildlife 

4 clearings in existence on the date of enactment of this Act. 

5 (i) MOTORIZED VEHICLES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), motorized vehicles shall not be allowed 

8 within the scenic areas. 

9 (2) EXCEPTIONS.—The Secretary may author10 ize the use of motorized vehicles— 

11 (A) to carry out administrative activities 

12 that further the purposes of the scenic areas, as 

13 described in subsection (b); 

14 (B) to assist wildlife management projects 

15 in existence on the date of enactment of this 

16 Act; and 

17 (C) during deer and bear hunting sea18 sons— 

19 (i) on Forest Development Roads 

20 49410 and 84b; and 

21 (ii) on the portion of Forest Develop22 ment Road 6261 designated on the map 

23 described in subsection (a)(2) as ‘‘open 

24 seasonally’’. 
32 

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1 (j) WILDFIRE SUPPRESSION.—Wildfire suppression 

2 within the scenic areas shall be conducted— 

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

4 the scenic areas, as described in subsection (b); and 

5 (2) using such means as the Secretary deter6 mines to be appropriate. 

7 (k) WATER.—The Secretary shall administer the sce8 nic areas in a manner that maintains and enhances water 

9 quality. 

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

11 all Federal land in the scenic areas is withdrawn from— 

12 (1) location, entry, and patent under the mining 

13 laws; and 

14 (2) operation of the mineral leasing and geo15 thermal leasing laws. 

16 SEC. 1105. TRAIL PLAN AND DEVELOPMENT. 

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

18 with interested parties, shall establish a trail plan to de19 velop— 

20 (1) in a manner consistent with the Wilderness 

21 Act (16 U.S.C. 1131 et seq.), hiking and equestrian 

22 trails in the wilderness areas designated by para23 graphs (9) through (20) of section 1 of Public Law 

24 100–326 (16 U.S.C. 1132 note) (as added by section 

25 1102(a)(5)); and 
33 

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1 (2) nonmotorized recreation trails in the scenic 

2 areas. 

3 (b) IMPLEMENTATION REPORT.—Not later than 2 

4 years after the date of enactment of this Act, the Sec5 retary shall submit to Congress a report that describes 

6 the implementation of the trail plan, including the identi7 fication of priority trails for development. 

8 (c) SUSTAINABLE TRAIL REQUIRED.—The Secretary 

9 shall develop a sustainable trail, using a contour curvi10 linear alignment, to provide for nonmotorized travel along 

11 the southern boundary of the Raccoon Branch Wilderness 

12 established by section 1(11) of Public Law 100–326 (16 

13 U.S.C. 1132 note) (as added by section 1102(a)(5)) con14 necting to Forest Development Road 49352 in Smyth 

15 County, Virginia. 

16 SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS. 

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

18 date of enactment of this Act, the Secretary shall file with 

19 the Committee on Energy and Natural Resources of the 

20 Senate and the Committee on Natural Resources and the 

21 Committee on Agriculture of the House of Representatives 

22 maps and boundary descriptions of— 

23 (1) the scenic areas; 

24 (2) the wilderness areas designated by para25 graphs (9) through (20) of section 1 of Public Law 
34 

•S 22 ES

1 100–326 (16 U.S.C. 1132 note) (as added by section 

2 1102(a)(5)); 

3 (3) the wilderness study area designated by sec4 tion 6(a)(5) of the Virginia Wilderness Act of 1984 

5 (16 U.S.C. 1132 note; Public Law 98–586) (as 

6 added by section 1102(b)(2)(D)); and 

7 (4) the potential wilderness area designated by 

8 section 1103(a). 

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

10 descriptions filed under subsection (a) shall have the same 

11 force and effect as if included in this subtitle, except that 

12 the Secretary may correct any minor errors in the maps 

13 and boundary descriptions. 

14 (c) AVAILABILITY OF MAP AND BOUNDARY DESCRIP15 TION.—The maps and boundary descriptions filed under 

16 subsection (a) shall be on file and available for public in17 spection in the Office of the Chief of the Forest Service. 

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

19 map filed under subsection (a) and the acreage of the ap20 plicable areas specified in this subtitle, the map shall con21 trol. 

22 SEC. 1107. EFFECTIVE DATE. 

23 Any reference in the Wilderness Act (16 U.S.C. 1131 

24 et seq.) to the effective date of that Act shall be considered 
35 

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1 to be a reference to the date of enactment of this Act for 

2 purposes of administering— 

3 (1) the wilderness areas designated by para4 graphs (9) through (20) of section 1 of Public Law 

5 100–326 (16 U.S.C. 1132 note) (as added by section 

6 1102(a)(5)); and 

7 (2) the potential wilderness area designated by 

8 section 1103(a). 

9 Subtitle C—Mt. Hood Wilderness, 

10 Oregon 

11 SEC. 1201. DEFINITIONS. 

12 In this subtitle: 

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

14 the Secretary of Agriculture. 

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

16 of Oregon. 

17 SEC. 1202. DESIGNATION OF WILDERNESS AREAS. 

18 (a) DESIGNATION OF LEWIS AND CLARK MOUNT

19 HOOD WILDERNESS AREAS.—In accordance with the Wil20 derness Act (16 U.S.C. 1131 et seq.), the following areas 

21 in the State of Oregon are designated as wilderness areas 

22 and as components of the National Wilderness Preserva23 tion System: 

24 (1) BADGER CREEK WILDERNESS ADDITIONS.— 

25 Certain Federal land managed by the Forest Serv-
36 

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1 ice, comprising approximately 4,140 acres, as gen2 erally depicted on the maps entitled ‘‘Badger Creek 

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

4 Creek Wilderness—Bonney Butte’’, dated July 16, 

5 2007, which is incorporated in, and considered to be 

6 a part of, the Badger Creek Wilderness, as des7 ignated by section 3(3) of the Oregon Wilderness 

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

9 (2) BULL OF THE WOODS WILDERNESS ADDI10 TION.—Certain Federal land managed by the Forest 

11 Service, comprising approximately 10,180 acres, as 

12 generally depicted on the map entitled ‘‘Bull of the 

13 Woods Wilderness—Bull of the Woods Additions’’, 

14 dated July 16, 2007, which is incorporated in, and 

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

16 Wilderness, as designated by section 3(4) of the Or17 egon Wilderness Act of 1984 (16 U.S.C. 1132 note; 

18 98 Stat. 273). 

19 (3) CLACKAMAS WILDERNESS.—Certain Federal 

20 land managed by the Forest Service, comprising ap21 proximately 9,470 acres, as generally depicted on the 

22 maps entitled ‘‘Clackamas Wilderness—Big Bot23 tom’’, ‘‘Clackamas Wilderness—Clackamas Canyon’’, 

24 ‘‘Clackamas Wilderness—Memaloose Lake’’, 

25 ‘‘Clackamas Wilderness—Sisi Butte’’, and 
37 

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1 ‘‘Clackamas Wilderness—South Fork Clackamas’’, 

2 dated July 16, 2007, which shall be known as the 

3 ‘‘Clackamas Wilderness’’. 

4 (4) MARK O. HATFIELD WILDERNESS ADDI5 TIONS.—Certain Federal land managed by the For6 est Service, comprising approximately 25,960 acres, 

7 as generally depicted on the maps entitled ‘‘Mark O. 

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

9 Hatfield Wilderness—Larch Mountain’’, dated July 

10 16, 2007, which is incorporated in, and considered 

11 to be a part of, the Mark O. Hatfield Wilderness, as 

12 designated by section 3(1) of the Oregon Wilderness 

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

14 (5) MOUNT HOOD WILDERNESS ADDITIONS.— 

15 Certain Federal land managed by the Forest Serv16 ice, comprising approximately 18,450 acres, as gen17 erally depicted on the maps entitled ‘‘Mount Hood 

18 Wilderness—Barlow Butte’’, ‘‘Mount Hood Wilder19 ness—Elk Cove/Mazama’’, ‘‘Richard L. Kohnstamm 

20 Memorial Area’’, ‘‘Mount Hood Wilderness—Sand 

21 Canyon’’, ‘‘Mount Hood Wilderness—Sandy Addi22 tions’’, ‘‘Mount Hood Wilderness—Twin Lakes’’, 

23 and ‘‘Mount Hood Wilderness—White River’’, dated 

24 July 16, 2007, and the map entitled ‘‘Mount Hood 

25 Wilderness—Cloud Cap’’, dated July 20, 2007, 
38 

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

2 of, the Mount Hood Wilderness, as designated under 

3 section 3(a) of the Wilderness Act (16 U.S.C. 

4 1132(a)) and enlarged by section 3(d) of the Endan5 gered American Wilderness Act of 1978 (16 U.S.C. 

6 1132 note; 92 Stat. 43). 

7 (6) ROARING RIVER WILDERNESS.—Certain 

8 Federal land managed by the Forest Service, com9 prising approximately 36,550 acres, as generally de10 picted on the map entitled ‘‘Roaring River Wilder11 ness—Roaring River Wilderness’’, dated July 16, 

12 2007, which shall be known as the ‘‘Roaring River 

13 Wilderness’’. 

14 (7) SALMON-HUCKLEBERRY WILDERNESS ADDI15 TIONS.—Certain Federal land managed by the For16 est Service, comprising approximately 16,620 acres, 

17 as generally depicted on the maps entitled ‘‘Salmon18 Huckleberry Wilderness—Alder Creek Addition’’, 

19 ‘‘Salmon-Huckleberry Wilderness—Eagle Creek Ad20 dition’’, ‘‘Salmon-Huckleberry Wilderness—Hunch21 back Mountain’’, ‘‘Salmon-Huckleberry Wilder22 ness—Inch Creek’’, ‘‘Salmon-Huckleberry Wilder23 ness—Mirror Lake’’, and ‘‘Salmon-Huckleberry Wil24 derness—Salmon River Meadows’’, dated July 16, 

25 2007, which is incorporated in, and considered to be 
39 

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1 a part of, the Salmon-Huckleberry Wilderness, as 

2 designated by section 3(2) of the Oregon Wilderness 

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

4 (8) LOWER WHITE RIVER WILDERNESS.—Cer5 tain Federal land managed by the Forest Service 

6 and Bureau of Land Management, comprising ap7 proximately 2,870 acres, as generally depicted on the 

8 map entitled ‘‘Lower White River Wilderness— 

9 Lower White River’’, dated July 16, 2007, which 

10 shall be known as the ‘‘Lower White River Wilder11 ness’’. 

12 (b) RICHARD L. KOHNSTAMM MEMORIAL AREA.— 

13 Certain Federal land managed by the Forest Service, as 

14 generally depicted on the map entitled ‘‘Richard L. 

15 Kohnstamm Memorial Area’’, dated July 16, 2007, is des16 ignated as the ‘‘Richard L. Kohnstamm Memorial Area’’. 

17 (c) POTENTIAL WILDERNESS AREA; ADDITIONS TO

18 WILDERNESS AREAS.— 

19 (1) ROARING RIVER POTENTIAL WILDERNESS

20 AREA.— 

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

22 purposes of the Wilderness Act (16 U.S.C. 

23 1131 et seq.), certain Federal land managed by 

24 the Forest Service, comprising approximately 

25 900 acres identified as ‘‘Potential Wilderness’’ 
40 

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1 on the map entitled ‘‘Roaring River Wilder2 ness’’, dated July 16, 2007, is designated as a 

3 potential wilderness area. 

4 (B) MANAGEMENT.—The potential wilder5 ness area designated by subparagraph (A) shall 

6 be managed in accordance with section 4 of the 

7 Wilderness Act (16 U.S.C. 1133). 

8 (C) DESIGNATION AS WILDERNESS.—On 

9 the date on which the Secretary publishes in 

10 the Federal Register notice that the conditions 

11 in the potential wilderness area designated by 

12 subparagraph (A) are compatible with the Wil13 derness Act (16 U.S.C. 1131 et seq.), the po14 tential wilderness shall be— 

15 (i) designated as wilderness and as a 

16 component of the National Wilderness 

17 Preservation System; and 

18 (ii) incorporated into the Roaring 

19 River Wilderness designated by subsection 

20 (a)(6). 

21 (2) ADDITION TO THE MOUNT HOOD WILDER22 NESS.—On completion of the land exchange under 

23 section 1206(a)(2), certain Federal land managed by 

24 the Forest Service, comprising approximately 1,710 

25 acres, as generally depicted on the map entitled 
41 

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1 ‘‘Mount Hood Wilderness—Tilly Jane’’, dated July 

2 20, 2007, shall be incorporated in, and considered to 

3 be a part of, the Mount Hood Wilderness, as des4 ignated under section 3(a) of the Wilderness Act (16 

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

6 Endangered American Wilderness Act of 1978 (16 

7 U.S.C. 1132 note; 92 Stat. 43) and subsection 

8 (a)(5). 

9 (3) ADDITION TO THE SALMON-HUCKLEBERRY

10 WILDERNESS.—On acquisition by the United States, 

11 the approximately 160 acres of land identified as 

12 ‘‘Land to be acquired by USFS’’ on the map entitled 

13 ‘‘Hunchback Mountain Land Exchange, Clackamas 

14 County’’, dated June 2006, shall be incorporated in, 

15 and considered to be a part of, the Salmon16 Huckleberry Wilderness, as designated by section 

17 3(2) of the Oregon Wilderness Act of 1984 (16 

18 U.S.C. 1132 note; 98 Stat. 273) and enlarged by 

19 subsection (a)(7). 

20 (d) MAPS AND LEGAL DESCRIPTIONS.— 

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

22 the date of enactment of this Act, the Secretary 

23 shall file a map and a legal description of each wil24 derness area and potential wilderness area des25 ignated by this section, with— 
42 

•S 22 ES

1 (A) the Committee on Energy and Natural 

2 Resources of the Senate; and 

3 (B) the Committee on Natural Resources 

4 of the House of Representatives. 

5 (2) FORCE OF LAW.—The maps and legal de6 scriptions filed under paragraph (1) shall have the 

7 same force and effect as if included in this subtitle, 

8 except that the Secretary may correct typographical 

9 errors in the maps and legal descriptions. 

10 (3) PUBLIC AVAILABILITY.—Each map and 

11 legal description filed under paragraph (1) shall be 

12 on file and available for public inspection in the ap13 propriate offices of the Forest Service and Bureau 

14 of Land Management. 

15 (4) DESCRIPTION OF LAND.—The boundaries of 

16 the areas designated as wilderness by subsection (a) 

17 that are immediately adjacent to a utility right-of18 way or a Federal Energy Regulatory Commission 

19 project boundary shall be 100 feet from the bound20 ary of the right-of-way or the project boundary. 

21 (e) ADMINISTRATION.— 

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

23 rights, each area designated as wilderness by this 

24 section shall be administered by the Secretary that 

25 has jurisdiction over the land within the wilderness, 
43 

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1 in accordance with the Wilderness Act (16 U.S.C. 

2 1131 et seq.), except that— 

3 (A) any reference in that Act to the effec4 tive date shall be considered to be a reference 

5 to the date of enactment of this Act; and 

6 (B) any reference in that Act to the Sec7 retary of Agriculture shall be considered to be 

8 a reference to the Secretary that has jurisdic9 tion over the land within the wilderness. 

10 (2) INCORPORATION OF ACQUIRED LAND AND

11 INTERESTS.—Any land within the boundary of a wil12 derness area designated by this section that is ac13 quired by the United States shall— 

14 (A) become part of the wilderness area in 

15 which the land is located; and 

16 (B) be managed in accordance with this 

17 section, the Wilderness Act (16 U.S.C. 1131 et 

18 seq.), and any other applicable law. 

19 (f) BUFFER ZONES.— 

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

21 Wilderness Act of 1984 (16 U.S.C. 1132 note; Pub22 lic Law 98–328), Congress does not intend for des23 ignation of wilderness areas in the State under this 

24 section to lead to the creation of protective perim25 eters or buffer zones around each wilderness area. 
44 

•S 22 ES

1 (2) ACTIVITIES OR USES UP TO BOUNDARIES.— 

2 The fact that nonwilderness activities or uses can be 

3 seen or heard from within a wilderness area shall 

4 not, of itself, preclude the activities or uses up to the 

5 boundary of the wilderness area. 

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

7 affects the jurisdiction or responsibilities of the State with 

8 respect to fish and wildlife. 

9 (h) FIRE, INSECTS, AND DISEASES.—As provided in 

10 section 4(d)(1) of the Wilderness Act (16 U.S.C. 

11 1133(d)(1)), within the wilderness areas designated by 

12 this section, the Secretary that has jurisdiction over the 

13 land within the wilderness (referred to in this subsection 

14 as the ‘‘Secretary’’) may take such measures as are nec15 essary to control fire, insects, and diseases, subject to such 

16 terms and conditions as the Secretary determines to be 

17 desirable and appropriate. 

18 (i) WITHDRAWAL.—Subject to valid rights in exist19 ence on the date of enactment of this Act, the Federal 

20 land designated as wilderness by this section is withdrawn 

21 from all forms of— 

22 (1) entry, appropriation, or disposal under the 

23 public land laws; 

24 (2) location, entry, and patent under the mining 

25 laws; and 
45 

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1 (3) disposition under all laws pertaining to min2 eral and geothermal leasing or mineral materials. 

3 SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCE4 NIC RIVER PROTECTION IN THE MOUNT 

5 HOOD AREA. 

6 (a) WILD AND SCENIC RIVER DESIGNATIONS, 

7 MOUNT HOOD NATIONAL FOREST.— 

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

9 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended 

10 by adding at the end the following: 

11 ‘‘(171) SOUTH FORK CLACKAMAS RIVER, OR12 EGON.—The 4.2-mile segment of the South Fork 

13 Clackamas River from its confluence with the East 

14 Fork of the South Fork Clackamas to its confluence 

15 with the Clackamas River, to be administered by the 

16 Secretary of Agriculture as a wild river. 

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

18 segment of Eagle Creek from its headwaters to the 

19 Mount Hood National Forest boundary, to be ad20 ministered by the Secretary of Agriculture as a wild 

21 river. 

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

23 mile segment of the Middle Fork Hood River from 

24 the confluence of Clear and Coe Branches to the 

25 north section line of section 11, township 1 south, 
46 

•S 22 ES

1 range 9 east, to be administered by the Secretary of 

2 Agriculture as a scenic river. 

3 ‘‘(174) SOUTH FORK ROARING RIVER, OR4 EGON.—The 4.6-mile segment of the South Fork 

5 Roaring River from its headwaters to its confluence 

6 with Roaring River, to be administered by the Sec7 retary of Agriculture as a wild river. 

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

9 segment of the Zig Zag River from its headwaters 

10 to the Mount Hood Wilderness boundary, to be ad11 ministered by the Secretary of Agriculture as a wild 

12 river. 

13 ‘‘(176) FIFTEENMILE CREEK, OREGON.— 

14 ‘‘(A) IN GENERAL.—The 11.1-mile seg15 ment of Fifteenmile Creek from its source at 

16 Senecal Spring to the southern edge of the 

17 northwest quarter of the northwest quarter of 

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

19 be administered by the Secretary of Agriculture 

20 in the following classes: 

21 ‘‘(i) The 2.6-mile segment from its 

22 source at Senecal Spring to the Badger 

23 Creek Wilderness boundary, as a wild 

24 river. 
47 

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1 ‘‘(ii) The 0.4-mile segment from the 

2 Badger Creek Wilderness boundary to the 

3 point 0.4 miles downstream, as a scenic 

4 river. 

5 ‘‘(iii) The 7.9-mile segment from the 

6 point 0.4 miles downstream of the Badger 

7 Creek Wilderness boundary to the western 

8 edge of section 20, township 2 south, 

9 range 12 east as a wild river. 

10 ‘‘(iv) The 0.2-mile segment from the 

11 western edge of section 20, township 2 

12 south, range 12 east, to the southern edge 

13 of the northwest quarter of the northwest 

14 quarter of section 20, township 2 south, 

15 range 12 east as a scenic river. 

16 ‘‘(B) INCLUSIONS.—Notwithstanding sec17 tion 3(b), the lateral boundaries of both the 

18 wild river area and the scenic river area along 

19 Fifteenmile Creek shall include an average of 

20 not more than 640 acres per mile measured 

21 from the ordinary high water mark on both 

22 sides of the river. 

23 ‘‘(177) EAST FORK HOOD RIVER, OREGON.— 

24 The 13.5-mile segment of the East Fork Hood River 

25 from Oregon State Highway 35 to the Mount Hood 
48 

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1 National Forest boundary, to be administered by the 

2 Secretary of Agriculture as a recreational river. 

3 ‘‘(178) COLLAWASH RIVER, OREGON.—The 

4 17.8-mile segment of the Collawash River from the 

5 headwaters of the East Fork Collawash to the con6 fluence of the mainstream of the Collawash River 

7 with the Clackamas River, to be administered by the 

8 Secretary of Agriculture in the following classes: 

9 ‘‘(A) The 11.0-mile segment from the 

10 headwaters of the East Fork Collawash River 

11 to Buckeye Creek, as a scenic river. 

12 ‘‘(B) The 6.8-mile segment from Buckeye 

13 Creek to the Clackamas River, as a recreational 

14 river. 

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

16 segment of Fish Creek from its headwaters to the 

17 confluence with the Clackamas River, to be adminis18 tered by the Secretary of Agriculture as a rec19 reational river.’’. 

20 (2) EFFECT.—The amendments made by para21 graph (1) do not affect valid existing water rights. 

22 (b) PROTECTION FOR HOOD RIVER, OREGON.—Sec23 tion 13(a)(4) of the ‘‘Columbia River Gorge National Sce24 nic Area Act’’ (16 U.S.C. 544k(a)(4)) is amended by strik-
49 

•S 22 ES

1 ing ‘‘for a period not to exceed twenty years from the date 

2 of enactment of this Act,’’. 

3 SEC. 1204. MOUNT HOOD NATIONAL RECREATION AREA. 

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

5 preservation, and enhancement of recreational, ecological, 

6 scenic, cultural, watershed, and fish and wildlife values, 

7 there is established the Mount Hood National Recreation 

8 Area within the Mount Hood National Forest. 

9 (b) BOUNDARY.—The Mount Hood National Recre10 ation Area shall consist of certain Federal land managed 

11 by the Forest Service and Bureau of Land Management, 

12 comprising approximately 34,550 acres, as generally de13 picted on the maps entitled ‘‘National Recreation Areas— 

14 Mount Hood NRA’’, ‘‘National Recreation Areas— 

15 Fifteenmile Creek NRA’’, and ‘‘National Recreation 

16 Areas—Shellrock Mountain’’, dated February 2007. 

17 (c) MAP AND LEGAL DESCRIPTION.— 

18 (1) SUBMISSION OF LEGAL DESCRIPTION.—As 

19 soon as practicable after the date of enactment of 

20 this Act, the Secretary shall file a map and a legal 

21 description of the Mount Hood National Recreation 

22 Area with— 

23 (A) the Committee on Energy and Natural 

24 Resources of the Senate; and 
50 

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1 (B) the Committee on Natural Resources 

2 of the House of Representatives. 

3 (2) FORCE OF LAW.—The map and legal de4 scription filed under paragraph (1) shall have the 

5 same force and effect as if included in this subtitle, 

6 except that the Secretary may correct typographical 

7 errors in the map and the legal description. 

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

9 description filed under paragraph (1) shall be on file 

10 and available for public inspection in the appropriate 

11 offices of the Forest Service. 

12 (d) ADMINISTRATION.— 

13 (1) IN GENERAL.—The Secretary shall— 

14 (A) administer the Mount Hood National 

15 Recreation Area— 

16 (i) in accordance with the laws (in17 cluding regulations) and rules applicable to 

18 the National Forest System; and 

19 (ii) consistent with the purposes de20 scribed in subsection (a); and 

21 (B) only allow uses of the Mount Hood 

22 National Recreation Area that are consistent 

23 with the purposes described in subsection (a). 

24 (2) APPLICABLE LAW.—Any portion of a wil25 derness area designated by section 1202 that is lo-
51 

•S 22 ES

1 cated within the Mount Hood National Recreation 

2 Area shall be administered in accordance with the 

3 Wilderness Act (16 U.S.C. 1131 et seq.). 

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

5 within the Mount Hood National Recreation Area may be 

6 permitted— 

7 (1) to the extent necessary to improve the 

8 health of the forest in a manner that— 

9 (A) maximizes the retention of large 

10 trees— 

11 (i) as appropriate to the forest type; 

12 and 

13 (ii) to the extent that the trees pro14 mote stands that are fire-resilient and 

15 healthy; 

16 (B) improves the habitats of threatened, 

17 endangered, or sensitive species; or 

18 (C) maintains or restores the composition 

19 and structure of the ecosystem by reducing the 

20 risk of uncharacteristic wildfire; 

21 (2) to accomplish an approved management ac22 tivity in furtherance of the purposes established by 

23 this section, if the cutting, sale, or removal of timber 

24 is incidental to the management activity; or 
52 

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1 (3) for de minimus personal or administrative 

2 use within the Mount Hood National Recreation 

3 Area, where such use will not impair the purposes 

4 established by this section. 

5 (f) ROAD CONSTRUCTION.—No new or temporary 

6 roads shall be constructed or reconstructed within the 

7 Mount Hood National Recreation Area except as nec8 essary— 

9 (1) to protect the health and safety of individ10 uals in cases of an imminent threat of flood, fire, or 

11 any other catastrophic event that, without interven12 tion, would cause the loss of life or property; 

13 (2) to conduct environmental cleanup required 

14 by the United States; 

15 (3) to allow for the exercise of reserved or out16 standing rights provided for by a statute or treaty; 

17 (4) to prevent irreparable resource damage by 

18 an existing road; or 

19 (5) to rectify a hazardous road condition. 

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

21 all Federal land within the Mount Hood National Recre22 ation Area is withdrawn from— 

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

24 under the public land laws; 
53 

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1 (2) location, entry, and patent under the mining 

2 laws; and 

3 (3) disposition under all laws relating to min4 eral and geothermal leasing. 

5 (h) TRANSFER OF ADMINISTRATIVE JURISDIC6 TION.— 

7 (1) IN GENERAL.—Administrative jurisdiction 

8 over the Federal land described in paragraph (2) is 

9 transferred from the Bureau of Land Management 

10 to the Forest Service. 

11 (2) DESCRIPTION OF LAND.—The land referred 

12 to in paragraph (1) is the approximately 130 acres 

13 of land administered by the Bureau of Land Man14 agement that is within or adjacent to the Mount 

15 Hood National Recreation Area and that is identi16 fied as ‘‘BLM Lands’’ on the map entitled ‘‘National 

17 Recreation Areas—Shellrock Mountain’’, dated Feb18 ruary 2007. 

19 SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER 

20 BIG BOTTOM, AND CULTUS CREEK. 

21 (a) CRYSTAL SPRINGS WATERSHED SPECIAL RE22 SOURCES MANAGEMENT UNIT.— 

23 (1) ESTABLISHMENT.— 

24 (A) IN GENERAL.—On completion of the 

25 land exchange under section 1206(a)(2), there 
54 

•S 22 ES

1 shall be established a special resources manage2 ment unit in the State consisting of certain 

3 Federal land managed by the Forest Service, as 

4 generally depicted on the map entitled ‘‘Crystal 

5 Springs Watershed Special Resources Manage6 ment Unit’’, dated June 2006 (referred to in 

7 this subsection as the ‘‘map’’), to be known as 

8 the ‘‘Crystal Springs Watershed Special Re9 sources Management Unit’’ (referred to in this 

10 subsection as the ‘‘Management Unit’’). 

11 (B) EXCLUSION OF CERTAIN LAND.—The 

12 Management Unit does not include any Na13 tional Forest System land otherwise covered by 

14 subparagraph (A) that is designated as wilder15 ness by section 1202. 

16 (C) WITHDRAWAL.— 

17 (i) IN GENERAL.—Subject to valid 

18 rights in existence on the date of enact19 ment of this Act, the Federal land des20 ignated as the Management Unit is with21 drawn from all forms of— 

22 (I) entry, appropriation, or dis23 posal under the public land laws; 

24 (II) location, entry, and patent 

25 under the mining laws; and 
55 

•S 22 ES

1 (III) disposition under all laws 

2 pertaining to mineral and geothermal 

3 leasing or mineral materials. 

4 (ii) EXCEPTION.—Clause (i)(I) does 

5 not apply to the parcel of land generally 

6 depicted as ‘‘HES 151’’ on the map. 

7 (2) PURPOSES.—The purposes of the Manage8 ment Unit are— 

9 (A) to ensure the protection of the quality 

10 and quantity of the Crystal Springs watershed 

11 as a clean drinking water source for the resi12 dents of Hood River County, Oregon; and 

13 (B) to allow visitors to enjoy the special 

14 scenic, natural, cultural, and wildlife values of 

15 the Crystal Springs watershed. 

16 (3) MAP AND LEGAL DESCRIPTION.— 

17 (A) SUBMISSION OF LEGAL DESCRIP18 TION.—As soon as practicable after the date of 

19 enactment of this Act, the Secretary shall file 

20 a map and a legal description of the Manage21 ment Unit with— 

22 (i) the Committee on Energy and 

23 Natural Resources of the Senate; and 

24 (ii) the Committee on Natural Re25 sources of the House of Representatives. 
56 

•S 22 ES

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

2 description filed under subparagraph (A) shall 

3 have the same force and effect as if included in 

4 this subtitle, except that the Secretary may cor5 rect typographical errors in the map and legal 

6 description. 

7 (C) PUBLIC AVAILABILITY.—The map and 

8 legal description filed under subparagraph (A) 

9 shall be on file and available for public inspec10 tion in the appropriate offices of the Forest 

11 Service. 

12 (4) ADMINISTRATION.— 

13 (A) IN GENERAL.—The Secretary shall— 

14 (i) administer the Management 

15 Unit— 

16 (I) in accordance with the laws 

17 (including regulations) and rules ap18 plicable to units of the National For19 est System; and 

20 (II) consistent with the purposes 

21 described in paragraph (2); and 

22 (ii) only allow uses of the Manage23 ment Unit that are consistent with the 

24 purposes described in paragraph (2). 
57 

•S 22 ES

1 (B) FUEL REDUCTION IN PROXIMITY TO

2 IMPROVEMENTS AND PRIMARY PUBLIC

3 ROADS.—To protect the water quality, water 

4 quantity, and scenic, cultural, natural, and 

5 wildlife values of the Management Unit, the 

6 Secretary may conduct fuel reduction and forest 

7 health management treatments to maintain and 

8 restore fire-resilient forest structures containing 

9 late successional forest structure characterized 

10 by large trees and multistoried canopies, as eco11 logically appropriate, on National Forest Sys12 tem land in the Management Unit— 

13 (i) in any area located not more than 

14 400 feet from structures located on— 

15 (I) National Forest System land; 

16 or 

17 (II) private land adjacent to Na18 tional Forest System land; 

19 (ii) in any area located not more than 

20 400 feet from the Cooper Spur Road, the 

21 Cloud Cap Road, or the Cooper Spur Ski 

22 Area Loop Road; and 

23 (iii) on any other National Forest 

24 System land in the Management Unit, with 

25 priority given to activities that restore pre-
58 

•S 22 ES

1 viously harvested stands, including the re2 moval of logging slash, smaller diameter 

3 material, and ladder fuels. 

4 (5) PROHIBITED ACTIVITIES.—Subject to valid 

5 existing rights, the following activities shall be pro6 hibited on National Forest System land in the Man7 agement Unit: 

8 (A) New road construction or renovation of 

9 existing non-System roads, except as necessary 

10 to protect public health and safety. 

11 (B) Projects undertaken for the purpose of 

12 harvesting commercial timber (other than ac13 tivities relating to the harvest of merchantable 

14 products that are byproducts of activities con15 ducted to further the purposes described in 

16 paragraph (2)). 

17 (C) Commercial livestock grazing. 

18 (D) The placement of new fuel storage 

19 tanks. 

20 (E) Except to the extent necessary to fur21 ther the purposes described in paragraph (2), 

22 the application of any toxic chemicals (other 

23 than fire retardants), including pesticides, 

24 rodenticides, or herbicides. 

25 (6) FOREST ROAD CLOSURES.— 
59 

•S 22 ES

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

2 subparagraph (B), the Secretary may provide 

3 for the closure or gating to the general public 

4 of any Forest Service road within the Manage5 ment Unit. 

6 (B) EXCEPTION.—Nothing in this sub7 section requires the Secretary to close the road 

8 commonly known as ‘‘Cloud Cap Road’’, which 

9 shall be administered in accordance with other10 wise applicable law. 

11 (7) PRIVATE LAND.— 

12 (A) EFFECT.—Nothing in this subsection 

13 affects the use of, or access to, any private 

14 property within the area identified on the map 

15 as the ‘‘Crystal Springs Zone of Contribution’’ 

16 by— 

17 (i) the owners of the private property; 

18 and 

19 (ii) guests to the private property. 

20 (B) COOPERATION.—The Secretary is en21 couraged to work with private landowners who 

22 have agreed to cooperate with the Secretary to 

23 further the purposes of this subsection. 

24 (8) ACQUISITION OF LAND.— 
60 

•S 22 ES

1 (A) IN GENERAL.—The Secretary may ac2 quire from willing landowners any land located 

3 within the area identified on the map as the 

4 ‘‘Crystal Springs Zone of Contribution’’. 

5 (B) INCLUSION IN MANAGEMENT UNIT.— 

6 On the date of acquisition, any land acquired 

7 under subparagraph (A) shall be incorporated 

8 in, and be managed as part of, the Management 

9 Unit. 

10 (b) PROTECTIONS FOR UPPER BIG BOTTOM AND

11 CULTUS CREEK.— 

12 (1) IN GENERAL.—The Secretary shall manage 

13 the Federal land administered by the Forest Service 

14 described in paragraph (2) in a manner that pre15 serves the natural and primitive character of the 

16 land for recreational, scenic, and scientific use. 

17 (2) DESCRIPTION OF LAND.—The Federal land 

18 referred to in paragraph (1) is— 

19 (A) the approximately 1,580 acres, as gen20 erally depicted on the map entitled ‘‘Upper Big 

21 Bottom’’, dated July 16, 2007; and 

22 (B) the approximately 280 acres identified 

23 as ‘‘Cultus Creek’’ on the map entitled 

24 ‘‘Clackamas Wilderness—South Fork 

25 Clackamas’’, dated July 16, 2007. 
61 

•S 22 ES

1 (3) MAPS AND LEGAL DESCRIPTIONS.— 

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

3 after the date of enactment of this Act, the Sec4 retary shall file maps and legal descriptions of 

5 the Federal land described in paragraph (2) 

6 with— 

7 (i) the Committee on Energy and 

8 Natural Resources of the Senate; and 

9 (ii) the Committee on Natural Re10 sources of the House of Representatives. 

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

12 descriptions filed under subparagraph (A) shall 

13 have the same force and effect as if included in 

14 this subtitle, except that the Secretary may cor15 rect typographical errors in the maps and legal 

16 descriptions. 

17 (C) PUBLIC AVAILABILITY.—Each map 

18 and legal description filed under subparagraph 

19 (A) shall be on file and available for public in20 spection in the appropriate offices of the Forest 

21 Service. 

22 (4) USE OF LAND.— 

23 (A) IN GENERAL.—Subject to valid exist24 ing rights, with respect to the Federal land de25 scribed in paragraph (2), the Secretary shall 
62 

•S 22 ES

1 only allow uses that are consistent with the pur2 poses identified in paragraph (1). 

3 (B) PROHIBITED USES.—The following 

4 shall be prohibited on the Federal land de5 scribed in paragraph (2): 

6 (i) Permanent roads. 

7 (ii) Commercial enterprises. 

8 (iii) Except as necessary to meet the 

9 minimum requirements for the administra10 tion of the Federal land and to protect 

11 public health and safety— 

12 (I) the use of motor vehicles; or 

13 (II) the establishment of tem14 porary roads. 

15 (5) WITHDRAWAL.—Subject to valid existing 

16 rights, the Federal land described in paragraph (2) 

17 is withdrawn from— 

18 (A) all forms of entry, appropriation, or 

19 disposal under the public land laws; 

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

21 mining laws; and 

22 (C) disposition under all laws relating to 

23 mineral and geothermal leasing. 
63 

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1 SEC. 1206. LAND EXCHANGES. 

2 (a) COOPER SPUR-GOVERNMENT CAMP LAND EX3 CHANGE.— 

4 (1) DEFINITIONS.—In this subsection: 

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

6 Hood River County, Oregon. 

7 (B) EXCHANGE MAP.—The term ‘‘ex8 change map’’ means the map entitled ‘‘Cooper 

9 Spur/Government Camp Land Exchange’’, 

10 dated June 2006. 

11 (C) FEDERAL LAND.—The term ‘‘Federal 

12 land’’ means the approximately 120 acres of 

13 National Forest System land in the Mount 

14 Hood National Forest in Government Camp, 

15 Clackamas County, Oregon, identified as 

16 ‘‘USFS Land to be Conveyed’’ on the exchange 

17 map. 

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

19 Hood Meadows’’ means the Mt. Hood Meadows 

20 Oregon, Limited Partnership. 

21 (E) NON-FEDERAL LAND.—The term 

22 ‘‘non-Federal land’’ means— 

23 (i) the parcel of approximately 770 

24 acres of private land at Cooper Spur iden25 tified as ‘‘Land to be acquired by USFS’’ 

26 on the exchange map; and 
64 

•S 22 ES

1 (ii) any buildings, furniture, fixtures, 

2 and equipment at the Inn at Cooper Spur 

3 and the Cooper Spur Ski Area covered by 

4 an appraisal described in paragraph 

5 (2)(D). 

6 (2) COOPER SPUR-GOVERNMENT CAMP LAND

7 EXCHANGE.— 

8 (A) CONVEYANCE OF LAND.—Subject to 

9 the provisions of this subsection, if Mt. Hood 

10 Meadows offers to convey to the United States 

11 all right, title, and interest of Mt. Hood Mead12 ows in and to the non-Federal land, the Sec13 retary shall convey to Mt. Hood Meadows all 

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

15 and to the Federal land (other than any ease16 ments reserved under subparagraph (G)), sub17 ject to valid existing rights. 

18 (B) COMPLIANCE WITH EXISTING LAW.— 

19 Except as otherwise provided in this subsection, 

20 the Secretary shall carry out the land exchange 

21 under this subsection in accordance with section 

22 206 of the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1716). 

24 (C) CONDITIONS ON ACCEPTANCE.— 
65 

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

2 exchange under this subsection, title to the 

3 non-Federal land to be acquired by the 

4 Secretary under this subsection shall be ac5 ceptable to the Secretary. 

6 (ii) TERMS AND CONDITIONS.—The 

7 conveyance of the Federal land and non8 Federal land shall be subject to such terms 

9 and conditions as the Secretary may re10 quire. 

11 (D) APPRAISALS.— 

12 (i) IN GENERAL.—As soon as prac13 ticable after the date of enactment of this 

14 Act, the Secretary and Mt. Hood Meadows 

15 shall select an appraiser to conduct an ap16 praisal of the Federal land and non-Fed17 eral land. 

18 (ii) REQUIREMENTS.—An appraisal 

19 under clause (i) shall be conducted in ac20 cordance with nationally recognized ap21 praisal standards, including— 

22 (I) the Uniform Appraisal Stand23 ards for Federal Land Acquisitions; 

24 and 
66 

•S 22 ES

1 (II) the Uniform Standards of 

2 Professional Appraisal Practice. 

3 (E) SURVEYS.— 

4 (i) IN GENERAL.—The exact acreage 

5 and legal description of the Federal land 

6 and non-Federal land shall be determined 

7 by surveys approved by the Secretary. 

8 (ii) COSTS.—The responsibility for the 

9 costs of any surveys conducted under 

10 clause (i), and any other administrative 

11 costs of carrying out the land exchange, 

12 shall be determined by the Secretary and 

13 Mt. Hood Meadows. 

14 (F) DEADLINE FOR COMPLETION OF LAND

15 EXCHANGE.—It is the intent of Congress that 

16 the land exchange under this subsection shall be 

17 completed not later than 16 months after the 

18 date of enactment of this Act. 

19 (G) RESERVATION OF EASEMENTS.—As a 

20 condition of the conveyance of the Federal land, 

21 the Secretary shall reserve— 

22 (i) a conservation easement to the 

23 Federal land to protect existing wetland, 

24 as identified by the Oregon Department of 

25 State Lands, that allows equivalent wet-
67 

•S 22 ES

1 land mitigation measures to compensate 

2 for minor wetland encroachments nec3 essary for the orderly development of the 

4 Federal land; and 

5 (ii) a trail easement to the Federal 

6 land that allows— 

7 (I) nonmotorized use by the pub8 lic of existing trails; 

9 (II) roads, utilities, and infra10 structure facilities to cross the trails; 

11 and 

12 (III) improvement or relocation 

13 of the trails to accommodate develop14 ment of the Federal land. 

15 (b) PORT OF CASCADE LOCKS LAND EXCHANGE.— 

16 (1) DEFINITIONS.—In this subsection: 

17 (A) EXCHANGE MAP.—The term ‘‘ex18 change map’’ means the map entitled ‘‘Port of 

19 Cascade Locks/Pacific Crest National Scenic 

20 Trail Land Exchange’’, dated June 2006. 

21 (B) FEDERAL LAND.—The term ‘‘Federal 

22 land’’ means the parcel of land consisting of ap23 proximately 10 acres of National Forest System 

24 land in the Columbia River Gorge National Sce-
68 

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1 nic Area identified as ‘‘USFS Land to be con2 veyed’’ on the exchange map. 

3 (C) NON-FEDERAL LAND.—The term 

4 ‘‘non-Federal land’’ means the parcels of land 

5 consisting of approximately 40 acres identified 

6 as ‘‘Land to be acquired by USFS’’ on the ex7 change map. 

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

9 Port of Cascade Locks, Cascade Locks, Oregon. 

10 (2) LAND EXCHANGE, PORT OF CASCADE

11 LOCKS-PACIFIC CREST NATIONAL SCENIC TRAIL.— 

12 (A) CONVEYANCE OF LAND.—Subject to 

13 the provisions of this subsection, if the Port of14 fers to convey to the United States all right, 

15 title, and interest of the Port in and to the non16 Federal land, the Secretary shall, subject to 

17 valid existing rights, convey to the Port all 

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

19 and to the Federal land. 

20 (B) COMPLIANCE WITH EXISTING LAW.— 

21 Except as otherwise provided in this subsection, 

22 the Secretary shall carry out the land exchange 

23 under this subsection in accordance with section 

24 206 of the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1716). 
69 

•S 22 ES

1 (3) CONDITIONS ON ACCEPTANCE.— 

2 (A) TITLE.—As a condition of the land ex3 change under this subsection, title to the non4 Federal land to be acquired by the Secretary 

5 under this subsection shall be acceptable to the 

6 Secretary. 

7 (B) TERMS AND CONDITIONS.—The con8 veyance of the Federal land and non-Federal 

9 land shall be subject to such terms and condi10 tions as the Secretary may require. 

11 (4) APPRAISALS.— 

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

13 after the date of enactment of this Act, the Sec14 retary shall select an appraiser to conduct an 

15 appraisal of the Federal land and non-Federal 

16 land. 

17 (B) REQUIREMENTS.—An appraisal under 

18 subparagraph (A) shall be conducted in accord19 ance with nationally recognized appraisal stand20 ards, including— 

21 (i) the Uniform Appraisal Standards 

22 for Federal Land Acquisitions; and 

23 (ii) the Uniform Standards of Profes24 sional Appraisal Practice. 

25 (5) SURVEYS.— 
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1 (A) IN GENERAL.—The exact acreage and 

2 legal description of the Federal land and non3 Federal land shall be determined by surveys ap4 proved by the Secretary. 

5 (B) COSTS.—The responsibility for the 

6 costs of any surveys conducted under subpara7 graph (A), and any other administrative costs 

8 of carrying out the land exchange, shall be de9 termined by the Secretary and the Port. 

10 (6) DEADLINE FOR COMPLETION OF LAND EX11 CHANGE.—It is the intent of Congress that the land 

12 exchange under this subsection shall be completed 

13 not later than 16 months after the date of enact14 ment of this Act. 

15 (c) HUNCHBACK MOUNTAIN LAND EXCHANGE AND

16 BOUNDARY ADJUSTMENT.— 

17 (1) DEFINITIONS.—In this subsection: 

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

19 Clackamas County, Oregon. 

20 (B) EXCHANGE MAP.—The term ‘‘ex21 change map’’ means the map entitled ‘‘Hunch22 back Mountain Land Exchange, Clackamas 

23 County’’, dated June 2006. 

24 (C) FEDERAL LAND.—The term ‘‘Federal 

25 land’’ means the parcel of land consisting of ap-
71 

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1 proximately 160 acres of National Forest Sys2 tem land in the Mount Hood National Forest 

3 identified as ‘‘USFS Land to be Conveyed’’ on 

4 the exchange map. 

5 (D) NON-FEDERAL LAND.—The term 

6 ‘‘non-Federal land’’ means the parcel of land 

7 consisting of approximately 160 acres identified 

8 as ‘‘Land to be acquired by USFS’’ on the ex9 change map. 

10 (2) HUNCHBACK MOUNTAIN LAND EX11 CHANGE.— 

12 (A) CONVEYANCE OF LAND.—Subject to 

13 the provisions of this paragraph, if the County 

14 offers to convey to the United States all right, 

15 title, and interest of the County in and to the 

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

17 valid existing rights, convey to the County all 

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

19 and to the Federal land. 

20 (B) COMPLIANCE WITH EXISTING LAW.— 

21 Except as otherwise provided in this paragraph, 

22 the Secretary shall carry out the land exchange 

23 under this paragraph in accordance with section 

24 206 of the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1716). 
72 

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1 (C) CONDITIONS ON ACCEPTANCE.— 

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

3 exchange under this paragraph, title to the 

4 non-Federal land to be acquired by the 

5 Secretary under this paragraph shall be 

6 acceptable to the Secretary. 

7 (ii) TERMS AND CONDITIONS.—The 

8 conveyance of the Federal land and non9 Federal land shall be subject to such terms 

10 and conditions as the Secretary may re11 quire. 

12 (D) APPRAISALS.— 

13 (i) IN GENERAL.—As soon as prac14 ticable after the date of enactment of this 

15 Act, the Secretary shall select an appraiser 

16 to conduct an appraisal of the Federal 

17 land and non-Federal land. 

18 (ii) REQUIREMENTS.—An appraisal 

19 under clause (i) shall be conducted in ac20 cordance with nationally recognized ap21 praisal standards, including— 

22 (I) the Uniform Appraisal Stand23 ards for Federal Land Acquisitions; 

24 and 
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1 (II) the Uniform Standards of 

2 Professional Appraisal Practice. 

3 (E) SURVEYS.— 

4 (i) IN GENERAL.—The exact acreage 

5 and legal description of the Federal land 

6 and non-Federal land shall be determined 

7 by surveys approved by the Secretary. 

8 (ii) COSTS.—The responsibility for the 

9 costs of any surveys conducted under 

10 clause (i), and any other administrative 

11 costs of carrying out the land exchange, 

12 shall be determined by the Secretary and 

13 the County. 

14 (F) DEADLINE FOR COMPLETION OF LAND

15 EXCHANGE.—It is the intent of Congress that 

16 the land exchange under this paragraph shall be 

17 completed not later than 16 months after the 

18 date of enactment of this Act. 

19 (3) BOUNDARY ADJUSTMENT.— 

20 (A) IN GENERAL.—The boundary of the 

21 Mount Hood National Forest shall be adjusted 

22 to incorporate— 

23 (i) any land conveyed to the United 

24 States under paragraph (2); and 
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1 (ii) the land transferred to the Forest 

2 Service by section 1204(h)(1). 

3 (B) ADDITIONS TO THE NATIONAL FOREST

4 SYSTEM.—The Secretary shall administer the 

5 land described in subparagraph (A)— 

6 (i) in accordance with— 

7 (I) the Act of March 1, 1911 

8 (commonly known as the ‘‘Weeks 

9 Law’’) (16 U.S.C. 480 et seq.); and 

10 (II) any laws (including regula11 tions) applicable to the National For12 est System; and 

13 (ii) subject to sections 1202(c)(3) and 

14 1204(d), as applicable. 

15 (C) LAND AND WATER CONSERVATION

16 FUND.—For the purposes of section 7 of the 

17 Land and Water Conservation Fund Act of 

18 1965 (16 U.S.C. 460l–9), the boundaries of the 

19 Mount Hood National Forest modified by this 

20 paragraph shall be considered to be the bound21 aries of the Mount Hood National Forest in ex22 istence as of January 1, 1965. 

23 (d) CONDITIONS ON DEVELOPMENT OF FEDERAL

24 LAND.— 
75 

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1 (1) REQUIREMENTS APPLICABLE TO THE CON2 VEYANCE OF FEDERAL LAND.— 

3 (A) IN GENERAL.—As a condition of each 

4 of the conveyances of Federal land under this 

5 section, the Secretary shall include in the deed 

6 of conveyance a requirement that applicable 

7 construction activities and alterations shall be 

8 conducted in accordance with— 

9 (i) nationally recognized building and 

10 property maintenance codes; and 

11 (ii) nationally recognized codes for de12 velopment in the wildland-urban interface 

13 and wildfire hazard mitigation. 

14 (B) APPLICABLE LAW.—To the maximum 

15 extent practicable, the codes required under 

16 subparagraph (A) shall be consistent with the 

17 nationally recognized codes adopted or ref18 erenced by the State or political subdivisions of 

19 the State. 

20 (C) ENFORCEMENT.—The requirements 

21 under subparagraph (A) may be enforced by the 

22 same entities otherwise enforcing codes, ordi23 nances, and standards. 

24 (2) COMPLIANCE WITH CODES ON FEDERAL

25 LAND.—The Secretary shall ensure that applicable 
76 

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1 construction activities and alterations undertaken or 

2 permitted by the Secretary on National Forest Sys3 tem land in the Mount Hood National Forest are 

4 conducted in accordance with— 

5 (A) nationally recognized building and 

6 property maintenance codes; and 

7 (B) nationally recognized codes for devel8 opment in the wildland-urban interface develop9 ment and wildfire hazard mitigation. 

10 (3) EFFECT ON ENFORCEMENT BY STATES AND

11 POLITICAL SUBDIVISIONS.—Nothing in this sub12 section alters or limits the power of the State or a 

13 political subdivision of the State to implement or en14 force any law (including regulations), rule, or stand15 ard relating to development or fire prevention and 

16 control. 

17 SEC. 1207. TRIBAL PROVISIONS; PLANNING AND STUDIES. 

18 (a) TRANSPORTATION PLAN.— 

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

20 participate in the development of an integrated, 

21 multimodal transportation plan developed by the Or22 egon Department of Transportation for the Mount 

23 Hood region to achieve comprehensive solutions to 

24 transportation challenges in the Mount Hood re25 gion— 
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1 (A) to promote appropriate economic devel2 opment; 

3 (B) to preserve the landscape of the Mount 

4 Hood region; and 

5 (C) to enhance public safety. 

6 (2) ISSUES TO BE ADDRESSED.—In partici7 pating in the development of the transportation plan 

8 under paragraph (1), the Secretary shall seek to ad9 dress— 

10 (A) transportation alternatives between 

11 and among recreation areas and gateway com12 munities that are located within the Mount 

13 Hood region; 

14 (B) establishing park-and-ride facilities 

15 that shall be located at gateway communities; 

16 (C) establishing intermodal transportation 

17 centers to link public transportation, parking, 

18 and recreation destinations; 

19 (D) creating a new interchange on Oregon 

20 State Highway 26 located adjacent to or within 

21 Government Camp; 

22 (E) designating, maintaining, and improv23 ing alternative routes using Forest Service or 

24 State roads for— 

25 (i) providing emergency routes; or 
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1 (ii) improving access to, and travel 

2 within, the Mount Hood region; 

3 (F) the feasibility of establishing— 

4 (i) a gondola connection that— 

5 (I) connects Timberline Lodge to 

6 Government Camp; and 

7 (II) is located in close proximity 

8 to the site of the historic gondola cor9 ridor; and 

10 (ii) an intermodal transportation cen11 ter to be located in close proximity to Gov12 ernment Camp; 

13 (G) burying power lines located in, or adja14 cent to, the Mount Hood National Forest along 

15 Interstate 84 near the City of Cascade Locks, 

16 Oregon; and 

17 (H) creating mechanisms for funding the 

18 implementation of the transportation plan 

19 under paragraph (1), including— 

20 (i) funds provided by the Federal Gov21 ernment; 

22 (ii) public-private partnerships; 

23 (iii) incremental tax financing; and 
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1 (iv) other financing tools that link 

2 transportation infrastructure improvements 

3 with development. 

4 (b) MOUNT HOOD NATIONAL FOREST STEWARDSHIP

5 STRATEGY.— 

6 (1) IN GENERAL.—The Secretary shall prepare 

7 a report on, and implementation schedule for, the 

8 vegetation management strategy (including rec9 ommendations for biomass utilization) for the Mount 

10 Hood National Forest being developed by the Forest 

11 Service. 

12 (2) SUBMISSION TO CONGRESS.— 

13 (A) REPORT.—Not later than 1 year after 

14 the date of enactment of this Act, the Secretary 

15 shall submit the report to— 

16 (i) the Committee on Energy and 

17 Natural Resources of the Senate; and 

18 (ii) the Committee on Natural Re19 sources of the House of Representatives. 

20 (B) IMPLEMENTATION SCHEDULE.—Not 

21 later than 1 year after the date on which the 

22 vegetation management strategy referred to in 

23 paragraph (1) is completed, the Secretary shall 

24 submit the implementation schedule to— 
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1 (i) the Committee on Energy and 

2 Natural Resources of the Senate; and 

3 (ii) the Committee on Natural Re4 sources of the House of Representatives. 

5 (c) LOCAL AND TRIBAL RELATIONSHIPS.— 

6 (1) MANAGEMENT PLAN.— 

7 (A) IN GENERAL.—The Secretary, in con8 sultation with Indian tribes with treaty-reserved 

9 gathering rights on land encompassed by the 

10 Mount Hood National Forest and in a manner 

11 consistent with the memorandum of under12 standing entered into between the Department 

13 of Agriculture, the Bureau of Land Manage14 ment, the Bureau of Indian Affairs, and the 

15 Confederated Tribes and Bands of the Warm 

16 Springs Reservation of Oregon, dated April 25, 

17 2003, as modified, shall develop and implement 

18 a management plan that meets the cultural 

19 foods obligations of the United States under ap20 plicable treaties, including the Treaty with the 

21 Tribes and Bands of Middle Oregon of June 

22 25, 1855 (12 Stat. 963). 

23 (B) EFFECT.—This paragraph shall be 

24 considered to be consistent with, and is in25 tended to help implement, the gathering rights 
81 

•S 22 ES

1 reserved by the treaty described in subpara2 graph (A). 

3 (2) SAVINGS PROVISIONS REGARDING RELA4 TIONS WITH INDIAN TRIBES.— 

5 (A) TREATY RIGHTS.—Nothing in this 

6 subtitle alters, modifies, enlarges, diminishes, or 

7 abrogates the treaty rights of any Indian tribe, 

8 including the off-reservation reserved rights se9 cured by the Treaty with the Tribes and Bands 

10 of Middle Oregon of June 25, 1855 (12 Stat. 

11 963). 

12 (B) TRIBAL LAND.—Nothing in this sub13 title affects land held in trust by the Secretary 

14 of the Interior for Indian tribes or individual 

15 members of Indian tribes or other land acquired 

16 by the Army Corps of Engineers and adminis17 tered by the Secretary of the Interior for the 

18 benefit of Indian tribes and individual members 

19 of Indian tribes. 

20 (d) RECREATIONAL USES.— 

21 (1) MOUNT HOOD NATIONAL FOREST REC22 REATIONAL WORKING GROUP.—The Secretary may 

23 establish a working group for the purpose of pro24 viding advice and recommendations to the Forest 
82 

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1 Service on planning and implementing recreation en2 hancements in the Mount Hood National Forest. 

3 (2) CONSIDERATION OF CONVERSION OF FOR4 EST ROADS TO RECREATIONAL USES.—In consid5 ering a Forest Service road in the Mount Hood Na6 tional Forest for possible closure and decommis7 sioning after the date of enactment of this Act, the 

8 Secretary, in accordance with applicable law, shall 

9 consider, as an alternative to decommissioning the 

10 road, converting the road to recreational uses to en11 hance recreational opportunities in the Mount Hood 

12 National Forest. 

13 (3) IMPROVED TRAIL ACCESS FOR PERSONS

14 WITH DISABILITIES.—The Secretary, in consultation 

15 with the public, may design and construct a trail at 

16 a location selected by the Secretary in Mount Hood 

17 National Forest suitable for use by persons with dis18 abilities. 

19 Subtitle D—Copper Salmon 

20 Wilderness, Oregon 

21 SEC. 1301. DESIGNATION OF THE COPPER SALMON WIL22 DERNESS. 

23 (a) DESIGNATION.—Section 3 of the Oregon Wilder24 ness Act of 1984 (16 U.S.C. 1132 note; Public Law 98– 

25 328) is amended— 
83 

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

2 striking ‘‘eight hundred fifty-nine thousand six hun3 dred acres’’ and inserting ‘‘873,300 acres’’; 

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

5 the end and inserting ‘‘; and’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(30) certain land in the Siskiyou National 

8 Forest, comprising approximately 13,700 acres, as 

9 generally depicted on the map entitled ‘Proposed 

10 Copper Salmon Wilderness Area’ and dated Decem11 ber 7, 2007, to be known as the ‘Copper Salmon 

12 Wilderness’.’’. 

13 (b) MAPS AND LEGAL DESCRIPTION.— 

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

15 the date of enactment of this Act, the Secretary of 

16 Agriculture (referred to in this subtitle as the ‘‘Sec17 retary’’) shall file a map and a legal description of 

18 the Copper Salmon Wilderness with— 

19 (A) the Committee on Energy and Natural 

20 Resources of the Senate; and 

21 (B) the Committee on Natural Resources 

22 of the House of Representatives. 

23 (2) FORCE OF LAW.—The map and legal de24 scription filed under paragraph (1) shall have the 

25 same force and effect as if included in this subtitle, 
84 

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1 except that the Secretary may correct typographical 

2 errors in the map and legal description. 

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

4 Salmon Wilderness shares a border with a road, the 

5 Secretary may only establish an offset that is not 

6 more than 150 feet from the centerline of the road. 

7 (4) PUBLIC AVAILABILITY.—Each map and 

8 legal description filed under paragraph (1) shall be 

9 on file and available for public inspection in the ap10 propriate offices of the Forest Service. 

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

12 RIVER, OREGON. 

13 Section 3(a)(76) of the Wild and Scenic Rivers Act 

14 (16 U.S.C. 1274(a)(76)) is amended— 

15 (1) in the matter preceding subparagraph (A), 

16 by striking ‘‘19-mile segment’’ and inserting ‘‘29- 

17 mile segment’’; 

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

19 and inserting a period; and 

20 (3) by striking subparagraph (B) and inserting 

21 the following: 

22 ‘‘(B)(i) The approximately 0.6-mile seg23 ment of the North Fork Elk from its source in 

24 sec. 21, T. 33 S., R. 12 W., Willamette Merid-
85 

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1 ian, downstream to 0.01 miles below Forest 

2 Service Road 3353, as a scenic river. 

3 ‘‘(ii) The approximately 5.5-mile segment 

4 of the North Fork Elk from 0.01 miles below 

5 Forest Service Road 3353 to its confluence with 

6 the South Fork Elk, as a wild river. 

7 ‘‘(C)(i) The approximately 0.9-mile seg8 ment of the South Fork Elk from its source in 

9 the southeast quarter of sec. 32, T. 33 S., R. 

10 12 W., Willamette Meridian, downstream to 

11 0.01 miles below Forest Service Road 3353, as 

12 a scenic river. 

13 ‘‘(ii) The approximately 4.2-mile segment 

14 of the South Fork Elk from 0.01 miles below 

15 Forest Service Road 3353 to its confluence with 

16 the North Fork Elk, as a wild river.’’. 

17 SEC. 1303. PROTECTION OF TRIBAL RIGHTS. 

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

19 construed as diminishing any right of any Indian tribe. 

20 (b) MEMORANDUM OF UNDERSTANDING.—The Sec21 retary shall seek to enter into a memorandum of under22 standing with the Coquille Indian Tribe regarding access 

23 to the Copper Salmon Wilderness to conduct historical and 

24 cultural activities. 
86 

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1 Subtitle E—Cascade-Siskiyou 

2 National Monument, Oregon 

3 SEC. 1401. DEFINITIONS. 

4 In this subtitle: 

5 (1) BOX R RANCH LAND EXCHANGE MAP.—The 

6 term ‘‘Box R Ranch land exchange map’’ means the 

7 map entitled ‘‘Proposed Rowlett Land Exchange’’ 

8 and dated June 13, 2006. 

9 (2) BUREAU OF LAND MANAGEMENT LAND.— 

10 The term ‘‘Bureau of Land Management land’’ 

11 means the approximately 40 acres of land adminis12 tered by the Bureau of Land Management identified 

13 as ‘‘Rowlett Selected’’, as generally depicted on the 

14 Box R Ranch land exchange map. 

15 (3) DEERFIELD LAND EXCHANGE MAP.—The 

16 term ‘‘Deerfield land exchange map’’ means the map 

17 entitled ‘‘Proposed Deerfield-BLM Property Line 

18 Adjustment’’ and dated May 1, 2008. 

19 (4) DEERFIELD PARCEL.—The term ‘‘Deerfield 

20 parcel’’ means the approximately 1.5 acres of land 

21 identified as ‘‘From Deerfield to BLM’’, as generally 

22 depicted on the Deerfield land exchange map. 

23 (5) FEDERAL PARCEL.—The term ‘‘Federal 

24 parcel’’ means the approximately 1.3 acres of land 

25 administered by the Bureau of Land Management 
87 

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1 identified as ‘‘From BLM to Deerfield’’, as generally 

2 depicted on the Deerfield land exchange map. 

3 (6) GRAZING ALLOTMENT.—The term ‘‘grazing 

4 allotment’’ means any of the Box R, Buck Lake, 

5 Buck Mountain, Buck Point, Conde Creek, Cove 

6 Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly, 

7 Howard Prairie, Jenny Creek, Keene Creek, North 

8 Cove Creek, and Soda Mountain grazing allotments 

9 in the State. 

10 (7) GRAZING LEASE.—The term ‘‘grazing 

11 lease’’ means any document authorizing the use of 

12 a grazing allotment for the purpose of grazing live13 stock for commercial purposes. 

14 (8) LANDOWNER.—The term ‘‘Landowner’’ 

15 means the owner of the Box R Ranch in the State. 

16 (9) LESSEE.—The term ‘‘lessee’’ means a live17 stock operator that holds a valid existing grazing 

18 lease for a grazing allotment. 

19 (10) LIVESTOCK.—The term ‘‘livestock’’ does 

20 not include beasts of burden used for recreational 

21 purposes. 

22 (11) MONUMENT.—The term ‘‘Monument’’ 

23 means the Cascade-Siskiyou National Monument in 

24 the State. 
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1 (12) ROWLETT PARCEL.—The term ‘‘Rowlett 

2 parcel’’ means the parcel of approximately 40 acres 

3 of private land identified as ‘‘Rowlett Offered’’, as 

4 generally depicted on the Box R Ranch land ex5 change map. 

6 (13) SECRETARY.—The term ‘‘Secretary’’ 

7 means the Secretary of the Interior. 

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

9 State of Oregon. 

10 (15) WILDERNESS.—The term ‘‘Wilderness’’ 

11 means the Soda Mountain Wilderness designated by 

12 section 1405(a). 

13 (16) WILDERNESS MAP.—The term ‘‘wilderness 

14 map’’ means the map entitled ‘‘Soda Mountain Wil15 derness’’ and dated May 5, 2008. 

16 SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PRO17 GRAM. 

18 (a) EXISTING GRAZING LEASES.— 

19 (1) DONATION OF LEASE.— 

20 (A) ACCEPTANCE BY SECRETARY.—The 

21 Secretary shall accept any grazing lease that is 

22 donated by a lessee. 

23 (B) TERMINATION.—The Secretary shall 

24 terminate any grazing lease acquired under sub25 paragraph (A). 
89 

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1 (C) NO NEW GRAZING LEASE.—Except as 

2 provided in paragraph (3), with respect to each 

3 grazing lease donated under subparagraph (A), 

4 the Secretary shall— 

5 (i) not issue any new grazing lease 

6 within the grazing allotment covered by the 

7 grazing lease; and 

8 (ii) ensure a permanent end to live9 stock grazing on the grazing allotment cov10 ered by the grazing lease. 

11 (2) DONATION OF PORTION OF GRAZING

12 LEASE.— 

13 (A) IN GENERAL.—A lessee with a grazing 

14 lease for a grazing allotment partially within 

15 the Monument may elect to donate only that 

16 portion of the grazing lease that is within the 

17 Monument. 

18 (B) ACCEPTANCE BY SECRETARY.—The 

19 Secretary shall accept the portion of a grazing 

20 lease that is donated under subparagraph (A). 

21 (C) MODIFICATION OF LEASE.—Except as 

22 provided in paragraph (3), if a lessee donates a 

23 portion of a grazing lease under subparagraph 

24 (A), the Secretary shall— 
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1 (i) reduce the authorized grazing level 

2 and area to reflect the donation; and 

3 (ii) modify the grazing lease to reflect 

4 the reduced level and area of use. 

5 (D) AUTHORIZED LEVEL.—To ensure that 

6 there is a permanent reduction in the level and 

7 area of livestock grazing on the land covered by 

8 a portion of a grazing lease donated under sub9 paragraph (A), the Secretary shall not allow 

10 grazing to exceed the authorized level and area 

11 established under subparagraph (C). 

12 (3) COMMON ALLOTMENTS.— 

13 (A) IN GENERAL.—If a grazing allotment 

14 covered by a grazing lease or portion of a graz15 ing lease that is donated under paragraph (1) 

16 or (2) also is covered by another grazing lease 

17 that is not donated, the Secretary shall reduce 

18 the grazing level on the grazing allotment to re19 flect the donation. 

20 (B) AUTHORIZED LEVEL.—To ensure that 

21 there is a permanent reduction in the level of 

22 livestock grazing on the land covered by the 

23 grazing lease or portion of a grazing lease do24 nated under paragraph (1) or (2), the Secretary 
91 

•S 22 ES

1 shall not allow grazing to exceed the level estab2 lished under subparagraph (A). 

3 (b) LIMITATIONS.—The Secretary— 

4 (1) with respect to the Agate, Emigrant Creek, 

5 and Siskiyou allotments in and near the Monu6 ment— 

7 (A) shall not issue any grazing lease; and 

8 (B) shall ensure a permanent end to live9 stock grazing on each allotment; and 

10 (2) shall not establish any new allotments for 

11 livestock grazing that include any Monument land 

12 (whether leased or not leased for grazing on the date 

13 of enactment of this Act). 

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

15 grazing lease or a portion of a grazing lease under this 

16 section shall be considered to have waived any claim to 

17 any range improvement on the associated grazing allot18 ment or portion of the associated grazing allotment, as 

19 applicable. 

20 SEC. 1403. BOX R RANCH LAND EXCHANGE. 

21 (a) IN GENERAL.—For the purpose of protecting and 

22 consolidating Federal land within the Monument, the Sec23 retary— 
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1 (1) may offer to convey to the Landowner the 

2 Bureau of Land Management land in exchange for 

3 the Rowlett parcel; and 

4 (2) if the Landowner accepts the offer— 

5 (A) the Secretary shall convey to the 

6 Landowner all right, title, and interest of the 

7 United States in and to the Bureau of Land 

8 Management land; and 

9 (B) the Landowner shall convey to the 

10 Secretary all right, title, and interest of the 

11 Landowner in and to the Rowlett parcel. 

12 (b) SURVEYS.— 

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

14 description of the Bureau of Land Management land 

15 and the Rowlett parcel shall be determined by sur16 veys approved by the Secretary. 

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

18 any surveys conducted under paragraph (1), and any 

19 other administrative costs of carrying out the land 

20 exchange, shall be determined by the Secretary and 

21 the Landowner. 

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

23 Land Management land and the Rowlett parcel under this 

24 section shall be subject to— 

25 (1) valid existing rights; 
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1 (2) title to the Rowlett parcel being acceptable 

2 to the Secretary and in conformance with the title 

3 approval standards applicable to Federal land acqui4 sitions; 

5 (3) such terms and conditions as the Secretary 

6 may require; and 

7 (4) except as otherwise provided in this section, 

8 any laws (including regulations) applicable to the 

9 conveyance and acquisition of land by the Bureau of 

10 Land Management. 

11 (d) APPRAISALS.— 

12 (1) IN GENERAL.—The Bureau of Land Man13 agement land and the Rowlett parcel shall be ap14 praised by an independent appraiser selected by the 

15 Secretary. 

16 (2) REQUIREMENTS.—An appraisal conducted 

17 under paragraph (1) shall be conducted in accord18 ance with— 

19 (A) the Uniform Appraisal Standards for 

20 Federal Land Acquisitions; and 

21 (B) the Uniform Standards of Professional 

22 Appraisal Practice. 

23 (3) APPROVAL.—The appraisals conducted 

24 under this subsection shall be submitted to the Sec25 retary for approval. 
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1 (e) GRAZING ALLOTMENT.—As a condition of the 

2 land exchange authorized under this section, the lessee of 

3 the grazing lease for the Box R grazing allotment shall 

4 donate the Box R grazing lease in accordance with section 

5 1402(a)(1). 

6 SEC. 1404. DEERFIELD LAND EXCHANGE. 

7 (a) IN GENERAL.—For the purpose of protecting and 

8 consolidating Federal land within the Monument, the Sec9 retary— 

10 (1) may offer to convey to Deerfield Learning 

11 Associates the Federal parcel in exchange for the 

12 Deerfield parcel; and 

13 (2) if Deerfield Learning Associates accepts the 

14 offer— 

15 (A) the Secretary shall convey to Deerfield 

16 Learning Associates all right, title, and interest 

17 of the United States in and to the Federal par18 cel; and 

19 (B) Deerfield Learning Associates shall 

20 convey to the Secretary all right, title, and in21 terest of Deerfield Learning Associates in and 

22 to the Deerfield parcel. 

23 (b) SURVEYS.— 

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

25 description of the Federal parcel and the Deerfield 
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1 parcel shall be determined by surveys approved by 

2 the Secretary. 

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

4 any surveys conducted under paragraph (1), and any 

5 other administrative costs of carrying out the land 

6 exchange, shall be determined by the Secretary and 

7 Deerfield Learning Associates. 

8 (c) CONDITIONS.— 

9 (1) IN GENERAL.—The conveyance of the Fed10 eral parcel and the Deerfield parcel under this sec11 tion shall be subject to— 

12 (A) valid existing rights; 

13 (B) title to the Deerfield parcel being ac14 ceptable to the Secretary and in conformance 

15 with the title approval standards applicable to 

16 Federal land acquisitions; 

17 (C) such terms and conditions as the Sec18 retary may require; and 

19 (D) except as otherwise provided in this 

20 section, any laws (including regulations) appli21 cable to the conveyance and acquisition of land 

22 by the Bureau of Land Management. 

23 (d) APPRAISALS.— 
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1 (1) IN GENERAL.—The Federal parcel and the 

2 Deerfield parcel shall be appraised by an inde3 pendent appraiser selected by the Secretary. 

4 (2) REQUIREMENTS.—An appraisal conducted 

5 under paragraph (1) shall be conducted in accord6 ance with— 

7 (A) the Uniform Appraisal Standards for 

8 Federal Land Acquisitions; and 

9 (B) the Uniform Standards of Professional 

10 Appraisal Practice. 

11 (3) APPROVAL.—The appraisals conducted 

12 under this subsection shall be submitted to the Sec13 retary for approval. 

14 SEC. 1405. SODA MOUNTAIN WILDERNESS. 

15 (a) DESIGNATION.—In accordance with the Wilder16 ness Act (16 U.S.C. 1131 et seq.), approximately 24,100 

17 acres of Monument land, as generally depicted on the wil18 derness map, is designated as wilderness and as a compo19 nent of the National Wilderness Preservation System, to 

20 be known as the ‘‘Soda Mountain Wilderness’’. 

21 (b) MAP AND LEGAL DESCRIPTION.— 

22 (1) SUBMISSION OF MAP AND LEGAL DESCRIP23 TION.—As soon as practicable after the date of en24 actment of this Act, the Secretary shall file a map 

25 and legal description of the Wilderness with— 
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1 (A) the Committee on Energy and Natural 

2 Resources of the Senate; and 

3 (B) the Committee on Natural Resources 

4 of the House of Representatives. 

5 (2) FORCE AND EFFECT.— 

6 (A) IN GENERAL.—The map and legal de7 scription filed under paragraph (1) shall have 

8 the same force and effect as if included in this 

9 subtitle, except that the Secretary may correct 

10 any clerical or typographical error in the map 

11 or legal description. 

12 (B) NOTIFICATION.—The Secretary shall 

13 submit to Congress notice of any changes made 

14 in the map or legal description under subpara15 graph (A), including notice of the reason for 

16 the change. 

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

18 description filed under paragraph (1) shall be on file 

19 and available for public inspection in the appropriate 

20 offices of the Bureau of Land Management. 

21 (c) ADMINISTRATION OF WILDERNESS.— 

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

23 rights, the Wilderness shall be administered by the 

24 Secretary in accordance with the Wilderness Act (16 

25 U.S.C. 1131 et seq.), except that— 
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1 (A) any reference in the Wilderness Act to 

2 the effective date of the Wilderness Act shall be 

3 considered to be a reference to the date of en4 actment of this Act; and 

5 (B) any reference in that Act to the Sec6 retary of Agriculture shall be considered to be 

7 a reference to the Secretary of the Interior. 

8 (2) FIRE, INSECT, AND DISEASE MANAGEMENT

9 ACTIVITIES.—Except as provided by Presidential 

10 Proclamation Number 7318, dated June 9, 2000 (65 

11 Fed. Reg. 37247), within the wilderness areas des12 ignated by this subtitle, the Secretary may take such 

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

14 Wilderness Act (16 U.S.C. 1133(d)(1)) as are nec15 essary to control fire, insects, and diseases, subject 

16 to such terms and conditions as the Secretary deter17 mines to be desirable and appropriate. 

18 (3) LIVESTOCK.—Except as provided in section 

19 1402 and by Presidential Proclamation Number 

20 7318, dated June 9, 2000 (65 Fed. Reg. 37247), 

21 the grazing of livestock in the Wilderness, if estab22 lished before the date of enactment of this Act, shall 

23 be permitted to continue subject to such reasonable 

24 regulations as are considered necessary by the Sec25 retary in accordance with— 
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1 (A) section 4(d)(4) of the Wilderness Act 

2 (16 U.S.C. 1133(d)(4)); and 

3 (B) the guidelines set forth in Appendix A 

4 of the report of the Committee on Interior and 

5 Insular Affairs of the House of Representatives 

6 accompanying H.R. 2570 of the 101st Congress 

7 (H. Rept. 101–405). 

8 (4) FISH AND WILDLIFE MANAGEMENT.—In ac9 cordance with section 4(d)(7) of the Wilderness Act 

10 (16 U.S.C. 1133(d)(7)), nothing in this subtitle af11 fects the jurisdiction of the State with respect to fish 

12 and wildlife on public land in the State. 

13 (5) INCORPORATION OF ACQUIRED LAND AND

14 INTERESTS.—Any land or interest in land within the 

15 boundary of the Wilderness that is acquired by the 

16 United States shall— 

17 (A) become part of the Wilderness; and 

18 (B) be managed in accordance with this 

19 subtitle, the Wilderness Act (16 U.S.C. 1131 et 

20 seq.), and any other applicable law. 

21 SEC. 1406. EFFECT. 

22 Nothing in this subtitle— 

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

24 modify or terminate grazing permits or leases, ex25 cept as provided in section 1402; 
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1 (2) authorizes the use of eminent domain; 

2 (3) creates a property right in any grazing per3 mit or lease on Federal land; 

4 (4) establishes a precedent for future grazing 

5 permit or lease donation programs; or 

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

7 control, in existence on the date of enactment of this 

8 Act, of any water, water right, or any other valid ex9 isting right held by the United States, an Indian 

10 tribe, a State, or a private individual, partnership, or 

11 corporation. 

12 Subtitle F—Owyhee Public Land 

13 Management 

14 SEC. 1501. DEFINITIONS. 

15 In this subtitle: 

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

17 Owyhee Land Acquisition Account established by 

18 section 1505(b)(1). 

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

20 Owyhee County, Idaho. 

21 (3) OWYHEE FRONT.—The term ‘‘Owyhee 

22 Front’’ means the area of the County from Jump 

23 Creek on the west to Mud Flat Road on the east 

24 and draining north from the crest of the Silver City 

25 Range to the Snake River. 
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1 (4) PLAN.—The term ‘‘plan’’ means a travel 

2 management plan for motorized and mechanized off3 highway vehicle recreation prepared under section 

4 1507. 

5 (5) PUBLIC LAND.—The term ‘‘public land’’ 

6 has the meaning given the term in section 103(e) of 

7 the Federal Land Policy and Management Act of 

8 1976 (43 U.S.C. 1702(e)). 

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

10 the Secretary of the Interior. 

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

12 of Idaho. 

13 (8) TRIBES.—The term ‘‘Tribes’’ means the 

14 Shoshone Paiute Tribes of the Duck Valley Reserva15 tion. 

16 SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION 

17 CENTER. 

18 (a) ESTABLISHMENT.—The Secretary, in coordina19 tion with the Tribes, State, and County, and in consulta20 tion with the University of Idaho, Federal grazing permit21 tees, and public, shall establish the Owyhee Science Re22 view and Conservation Center in the County to conduct 

23 research projects to address natural resources manage24 ment issues affecting public and private rangeland in the 

25 County. 
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1 (b) PURPOSE.—The purpose of the center established 

2 under subsection (a) shall be to facilitate the collection 

3 and analysis of information to provide Federal and State 

4 agencies, the Tribes, the County, private landowners, and 

5 the public with information on improved rangeland man6 agement. 

7 SEC. 1503. WILDERNESS AREAS. 

8 (a) WILDERNESS AREAS DESIGNATION.— 

9 (1) IN GENERAL.—In accordance with the Wil10 derness Act (16 U.S.C. 1131 et seq.), the following 

11 areas in the State are designated as wilderness areas 

12 and as components of the National Wilderness Pres13 ervation System: 

14 (A) BIG JACKS CREEK WILDERNESS.—Cer15 tain land comprising approximately 52,826 

16 acres, as generally depicted on the map entitled 

17 ‘‘Little Jacks Creek and Big Jacks Creek Wil18 derness’’ and dated May 5, 2008, which shall 

19 be known as the ‘‘Big Jacks Creek Wilderness’’. 

20 (B) BRUNEAU-JARBIDGE RIVERS WILDER21 NESS.—Certain land comprising approximately 

22 89,996 acres, as generally depicted on the map 

23 entitled ‘‘Bruneau-Jarbidge Rivers Wilderness’’ 

24 and dated December 15, 2008, which shall be 
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1 known as the ‘‘Bruneau-Jarbidge Rivers Wil2 derness’’. 

3 (C) LITTLE JACKS CREEK WILDERNESS.— 

4 Certain land comprising approximately 50,929 

5 acres, as generally depicted on the map entitled 

6 ‘‘Little Jacks Creek and Big Jacks Creek Wil7 derness’’ and dated May 5, 2008, which shall 

8 be known as the ‘‘Little Jacks Creek Wilder9 ness’’. 

10 (D) NORTH FORK OWYHEE WILDER11 NESS.—Certain land comprising approximately 

12 43,413 acres, as generally depicted on the map 

13 entitled ‘‘North Fork Owyhee and Pole Creek 

14 Wilderness’’ and dated May 5, 2008, which 

15 shall be known as the ‘‘North Fork Owyhee 

16 Wilderness’’. 

17 (E) OWYHEE RIVER WILDERNESS.—Cer18 tain land comprising approximately 267,328 

19 acres, as generally depicted on the map entitled 

20 ‘‘Owyhee River Wilderness’’ and dated May 5, 

21 2008, which shall be known as the ‘‘Owyhee 

22 River Wilderness’’. 

23 (F) POLE CREEK WILDERNESS.—Certain 

24 land comprising approximately 12,533 acres, as 

25 generally depicted on the map entitled ‘‘North 
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1 Fork Owyhee and Pole Creek Wilderness’’ and 

2 dated May 5, 2008, which shall be known as 

3 the ‘‘Pole Creek Wilderness’’. 

4 (2) MAPS AND LEGAL DESCRIPTIONS.— 

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

6 after the date of enactment of this Act, the Sec7 retary shall submit to the Committee on Energy 

8 and Natural Resources of the Senate and the 

9 Committee on Natural Resources of the House 

10 of Representatives a map and legal description 

11 for each area designated as wilderness by this 

12 subtitle. 

13 (B) EFFECT.—Each map and legal de14 scription submitted under subparagraph (A) 

15 shall have the same force and effect as if in16 cluded in this subtitle, except that the Secretary 

17 may correct minor errors in the map or legal 

18 description. 

19 (C) AVAILABILITY.—Each map and legal 

20 description submitted under subparagraph (A) 

21 shall be available in the appropriate offices of 

22 the Bureau of Land Management. 

23 (3) RELEASE OF WILDERNESS STUDY AREAS.— 

24 (A) IN GENERAL.—Congress finds that, for 

25 the purposes of section 603(c) of the Federal 
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1 Land Policy and Management Act of 1976 (43 

2 U.S.C. 1782(c)), the public land in the County 

3 administered by the Bureau of Land Manage4 ment has been adequately studied for wilder5 ness designation. 

6 (B) RELEASE.—Any public land referred 

7 to in subparagraph (A) that is not designated 

8 as wilderness by this subtitle— 

9 (i) is no longer subject to section 

10 603(c) of the Federal Land Policy and 

11 Management Act of 1976 (43 U.S.C. 

12 1782(c)); and 

13 (ii) shall be managed in accordance 

14 with the applicable land use plan adopted 

15 under section 202 of that Act (43 U.S.C. 

16 1712). 

17 (b) ADMINISTRATION.— 

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

19 rights, each area designated as wilderness by this 

20 subtitle shall be administered by the Secretary in ac21 cordance with the Wilderness Act (16 U.S.C. 1131 

22 et seq.), except that— 

23 (A) any reference in that Act to the effec24 tive date shall be considered to be a reference 

25 to the date of enactment of this Act; and 
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1 (B) any reference in that Act to the Sec2 retary of Agriculture shall be considered to be 

3 a reference to the Secretary of the Interior. 

4 (2) WITHDRAWAL.—Subject to valid existing 

5 rights, the Federal land designated as wilderness by 

6 this subtitle is withdrawn from all forms of— 

7 (A) entry, appropriation, or disposal under 

8 the public land laws; 

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

10 mining laws; and 

11 (C) disposition under the mineral leasing, 

12 mineral materials, and geothermal leasing laws. 

13 (3) LIVESTOCK.— 

14 (A) IN GENERAL.—In the wilderness areas 

15 designated by this subtitle, the grazing of live16 stock in areas in which grazing is established as 

17 of the date of enactment of this Act shall be al18 lowed to continue, subject to such reasonable 

19 regulations, policies, and practices as the Sec20 retary considers necessary, consistent with sec21 tion 4(d)(4) of the Wilderness Act (16 U.S.C. 

22 1133(d)(4)) and the guidelines described in Ap23 pendix A of House Report 101–405. 

24 (B) INVENTORY.—Not later than 1 year 

25 after the date of enactment of this Act, the Sec-
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1 retary shall conduct an inventory of existing fa2 cilities and improvements associated with graz3 ing activities in the wilderness areas and wild 

4 and scenic rivers designated by this subtitle. 

5 (C) FENCING.—The Secretary may con6 struct and maintain fencing around wilderness 

7 areas designated by this subtitle as the Sec8 retary determines to be appropriate to enhance 

9 wilderness values. 

10 (D) DONATION OF GRAZING PERMITS OR

11 LEASES.— 

12 (i) ACCEPTANCE BY SECRETARY.— 

13 The Secretary shall accept the donation of 

14 any valid existing permits or leases author15 izing grazing on public land, all or a por16 tion of which is within the wilderness areas 

17 designated by this subtitle. 

18 (ii) TERMINATION.—With respect to 

19 each permit or lease donated under clause 

20 (i), the Secretary shall— 

21 (I) terminate the grazing permit 

22 or lease; and 

23 (II) except as provided in clause 

24 (iii), ensure a permanent end to graz-
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1 ing on the land covered by the permit 

2 or lease. 

3 (iii) COMMON ALLOTMENTS.— 

4 (I) IN GENERAL.—If the land 

5 covered by a permit or lease donated 

6 under clause (i) is also covered by an7 other valid existing permit or lease 

8 that is not donated under clause (i), 

9 the Secretary shall reduce the author10 ized grazing level on the land covered 

11 by the permit or lease to reflect the 

12 donation of the permit or lease under 

13 clause (i). 

14 (II) AUTHORIZED LEVEL.—To 

15 ensure that there is a permanent re16 duction in the level of grazing on the 

17 land covered by a permit or lease do18 nated under clause (i), the Secretary 

19 shall not allow grazing use to exceed 

20 the authorized level established under 

21 subclause (I). 

22 (iv) PARTIAL DONATION.— 

23 (I) IN GENERAL.—If a person 

24 holding a valid grazing permit or lease 

25 donates less than the full amount of 
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1 grazing use authorized under the per2 mit or lease, the Secretary shall— 

3 (aa) reduce the authorized 

4 grazing level to reflect the dona5 tion; and 

6 (bb) modify the permit or 

7 lease to reflect the revised level of 

8 use. 

9 (II) AUTHORIZED LEVEL.—To 

10 ensure that there is a permanent re11 duction in the authorized level of 

12 grazing on the land covered by a per13 mit or lease donated under subclause 

14 (I), the Secretary shall not allow graz15 ing use to exceed the authorized level 

16 established under that subclause. 

17 (4) ACQUISITION OF LAND AND INTERESTS IN

18 LAND.— 

19 (A) IN GENERAL.—Consistent with appli20 cable law, the Secretary may acquire land or in21 terests in land within the boundaries of the wil22 derness areas designated by this subtitle by 

23 purchase, donation, or exchange. 

24 (B) INCORPORATION OF ACQUIRED

25 LAND.—Any land or interest in land in, or ad-
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1 joining the boundary of, a wilderness area des2 ignated by this subtitle that is acquired by the 

3 United States shall be added to, and adminis4 tered as part of, the wilderness area in which 

5 the acquired land or interest in land is located. 

6 (5) TRAIL PLAN.— 

7 (A) IN GENERAL.—The Secretary, after 

8 providing opportunities for public comment, 

9 shall establish a trail plan that addresses hiking 

10 and equestrian trails on the land designated as 

11 wilderness by this subtitle, in a manner con12 sistent with the Wilderness Act (16 U.S.C. 

13 1131 et seq.). 

14 (B) REPORT.—Not later than 2 years after 

15 the date of enactment of this Act, the Secretary 

16 shall submit to Congress a report that describes 

17 the implementation of the trail plan. 

18 (6) OUTFITTING AND GUIDE ACTIVITIES.—Con19 sistent with section 4(d)(5) of the Wilderness Act 

20 (16 U.S.C. 1133(d)(5)), commercial services (includ21 ing authorized outfitting and guide activities) are 

22 authorized in wilderness areas designated by this 

23 subtitle to the extent necessary for activities that 

24 fulfill the recreational or other wilderness purposes 

25 of the areas. 
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1 (7) ACCESS TO PRIVATE PROPERTY.—In ac2 cordance with section 5(a) of the Wilderness Act (16 

3 U.S.C. 1134(a)), the Secretary shall provide any 

4 owner of private property within the boundary of a 

5 wilderness area designated by this subtitle adequate 

6 access to the property. 

7 (8) FISH AND WILDLIFE.— 

8 (A) IN GENERAL.—Nothing in this subtitle 

9 affects the jurisdiction of the State with respect 

10 to fish and wildlife on public land in the State. 

11 (B) MANAGEMENT ACTIVITIES.— 

12 (i) IN GENERAL.—In furtherance of 

13 the purposes and principles of the Wilder14 ness Act (16 U.S.C. 1131 et seq.), the Sec15 retary may conduct any management ac16 tivities that are necessary to maintain or 

17 restore fish and wildlife populations and 

18 habitats in the wilderness areas designated 

19 by this subtitle, if the management activi20 ties are— 

21 (I) consistent with relevant wil22 derness management plans; and 

23 (II) conducted in accordance with 

24 appropriate policies, such as the poli-
112 

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1 cies established in Appendix B of 

2 House Report 101–405. 

3 (ii) INCLUSIONS.—Management activi4 ties under clause (i) may include the occa5 sional and temporary use of motorized ve6 hicles, if the use, as determined by the 

7 Secretary, would promote healthy, viable, 

8 and more naturally distributed wildlife 

9 populations that would enhance wilderness 

10 values while causing the minimum impact 

11 necessary to accomplish those tasks. 

12 (C) EXISTING ACTIVITIES.—Consistent 

13 with section 4(d)(1) of the Wilderness Act (16 

14 U.S.C. 1133(d)(1)) and in accordance with ap15 propriate policies, such as those established in 

16 Appendix B of House Report 101–405, the 

17 State may use aircraft (including helicopters) in 

18 the wilderness areas designated by this subtitle 

19 to survey, capture, transplant, monitor, and 

20 provide water for wildlife populations, including 

21 bighorn sheep, and feral stock, feral horses, and 

22 feral burros. 

23 (9) WILDFIRE, INSECT, AND DISEASE MANAGE24 MENT.—Consistent with section 4(d)(1) of the Wil25 derness Act (16 U.S.C. 1133(d)(1)), the Secretary 
113 

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1 may take any measures that the Secretary deter2 mines to be necessary to control fire, insects, and 

3 diseases, including, as the Secretary determines ap4 propriate, the coordination of those activities with a 

5 State or local agency. 

6 (10) ADJACENT MANAGEMENT.— 

7 (A) IN GENERAL.—The designation of a 

8 wilderness area by this subtitle shall not create 

9 any protective perimeter or buffer zone around 

10 the wilderness area. 

11 (B) NONWILDERNESS ACTIVITIES.—The 

12 fact that nonwilderness activities or uses can be 

13 seen or heard from areas within a wilderness 

14 area designated by this subtitle shall not pre15 clude the conduct of those activities or uses out16 side the boundary of the wilderness area. 

17 (11) MILITARY OVERFLIGHTS.—Nothing in this 

18 subtitle restricts or precludes— 

19 (A) low-level overflights of military aircraft 

20 over the areas designated as wilderness by this 

21 subtitle, including military overflights that can 

22 be seen or heard within the wilderness areas; 

23 (B) flight testing and evaluation; or 

24 (C) the designation or creation of new 

25 units of special use airspace, or the establish-
114 

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1 ment of military flight training routes, over the 

2 wilderness areas. 

3 (12) WATER RIGHTS.— 

4 (A) IN GENERAL.—The designation of 

5 areas as wilderness by subsection (a) shall not 

6 create an express or implied reservation by the 

7 United States of any water or water rights for 

8 wilderness purposes with respect to such areas. 

9 (B) EXCLUSIONS.—This paragraph does 

10 not apply to any components of the National 

11 Wild and Scenic Rivers System designated by 

12 section 1504. 

13 SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS. 

14 (a) IN GENERAL.—Section 3(a) of the Wild and Sce15 nic Rivers Act (16 U.S.C. 1274(a)) (as amended by sec16 tion 1203(a)(1)) is amended by adding at the end the fol17 lowing: 

18 ‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 

19 miles of Battle Creek from the confluence of the 

20 Owyhee River to the upstream boundary of the 

21 Owyhee River Wilderness, to be administered by the 

22 Secretary of the Interior as a wild river. 

23 ‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 

24 miles of Big Jacks Creek from the downstream bor25 der of the Big Jacks Creek Wilderness in sec. 8, T. 
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1 8 S., R. 4 E., to the point at which it enters the NW 

1 2 ⁄4 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, to 

3 be administered by the Secretary of the Interior as 

4 a wild river. 

5 ‘‘(182) BRUNEAU RIVER, IDAHO.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the 39.3-mile segment of the 

8 Bruneau River from the downstream boundary 

9 of the Bruneau-Jarbidge Wilderness to the up10 stream confluence with the west fork of the 

11 Bruneau River, to be administered by the Sec12 retary of the Interior as a wild river. 

13 ‘‘(B) EXCEPTION.—Notwithstanding sub14 paragraph (A), the 0.6-mile segment of the 

15 Bruneau River at the Indian Hot Springs pub16 lic road access shall be administered by the Sec17 retary of the Interior as a recreational river. 

18 ‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.— 

19 The approximately 0.35 miles of the West Fork of 

20 the Bruneau River from the confluence with the 

21 Jarbidge River to the downstream boundary of the 

22 Bruneau Canyon Grazing Allotment in the SE/NE 

23 of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be 

24 administered by the Secretary of the Interior as a 

25 wild river. 
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1 ‘‘(184) COTTONWOOD CREEK, IDAHO.—The 2.6 

2 miles of Cottonwood Creek from the confluence with 

3 Big Jacks Creek to the upstream boundary of the 

4 Big Jacks Creek Wilderness, to be administered by 

5 the Secretary of the Interior as a wild river. 

6 ‘‘(185) DEEP CREEK, IDAHO.—The 13.1-mile 

7 segment of Deep Creek from the confluence with the 

8 Owyhee River to the upstream boundary of the 

9 Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 

10 W., Boise Meridian, to be administered by the Sec11 retary of the Interior as a wild river. 

12 ‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 

13 9.25 miles of Dickshooter Creek from the confluence 

with Deep Creek to a point on the stream 1 14 ⁄4 mile 

15 due west of the east boundary of sec. 16, T. 12 S., 

16 R. 2 W., Boise Meridian, to be administered by the 

17 Secretary of the Interior as a wild river. 

18 ‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile 

19 segment of Duncan Creek from the confluence with 

20 Big Jacks Creek upstream to the east boundary of 

21 sec. 18, T. 10 S., R. 4 E., Boise Meridian, to be ad22 ministered by the Secretary of the Interior as a wild 

23 river. 

24 ‘‘(188) JARBIDGE RIVER, IDAHO.—The 28.8 

25 miles of the Jarbidge River from the confluence with 
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1 the West Fork Bruneau River to the upstream 

2 boundary of the Bruneau-Jarbidge Rivers Wilder3 ness, to be administered by the Secretary of the In4 terior as a wild river. 

5 ‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 

6 12.4 miles of Little Jacks Creek from the down7 stream boundary of the Little Jacks Creek Wilder8 ness, upstream to the mouth of OX Prong Creek, to 

9 be administered by the Secretary of the Interior as 

10 a wild river. 

11 ‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.— 

12 The following segments of the North Fork of the 

13 Owyhee River, to be administered by the Secretary 

14 of the Interior: 

15 ‘‘(A) The 5.7-mile segment from the 

16 Idaho-Oregon State border to the upstream 

17 boundary of the private land at the Juniper Mt. 

18 Road crossing, as a recreational river. 

19 ‘‘(B) The 15.1-mile segment from the up20 stream boundary of the North Fork Owyhee 

21 River recreational segment designated in para22 graph (A) to the upstream boundary of the 

23 North Fork Owyhee River Wilderness, as a wild 

24 river. 

25 ‘‘(191) OWYHEE RIVER, IDAHO.— 
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the 67.3 miles of the Owyhee River 

3 from the Idaho-Oregon State border to the up4 stream boundary of the Owyhee River Wilder5 ness, to be administered by the Secretary of the 

6 Interior as a wild river. 

7 ‘‘(B) ACCESS.—The Secretary of the Inte8 rior shall allow for continued access across the 

9 Owyhee River at Crutchers Crossing, subject to 

10 such terms and conditions as the Secretary of 

11 the Interior determines to be necessary. 

12 ‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of 

13 Red Canyon from the confluence of the Owyhee 

14 River to the upstream boundary of the Owyhee River 

15 Wilderness, to be administered by the Secretary of 

16 the Interior as a wild river. 

17 ‘‘(193) SHEEP CREEK, IDAHO.—The 25.6 miles 

18 of Sheep Creek from the confluence with the 

19 Bruneau River to the upstream boundary of the 

20 Bruneau-Jarbidge Rivers Wilderness, to be adminis21 tered by the Secretary of the Interior as a wild river. 

22 ‘‘(194) SOUTH FORK OWYHEE RIVER, IDAHO.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the 31.4-mile segment of the 

25 South Fork of the Owyhee River upstream from 
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1 the confluence with the Owyhee River to the up2 stream boundary of the Owyhee River Wilder3 ness at the Idaho–Nevada State border, to be 

4 administered by the Secretary of the Interior as 

5 a wild river. 

6 ‘‘(B) EXCEPTION.—Notwithstanding sub7 paragraph (A), the 1.2-mile segment of the 

8 South Fork of the Owyhee River from the point 

9 at which the river enters the southernmost 

10 boundary to the point at which the river exits 

11 the northernmost boundary of private land in 

12 sec. 25 and 26, T. 14 S., R. 5 W., Boise Merid13 ian, shall be administered by the Secretary of 

14 the Interior as a recreational river. 

15 ‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 

16 miles of Wickahoney Creek from the confluence of 

17 Big Jacks Creek to the upstream boundary of the 

18 Big Jacks Creek Wilderness, to be administered by 

19 the Secretary of the Interior as a wild river.’’. 

20 (b) BOUNDARIES.—Notwithstanding section 3(b) of 

21 the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the 

22 boundary of a river segment designated as a component 

23 of the National Wild and Scenic Rivers System under this 

24 subtitle shall extend not more than the shorter of— 
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(1) an average distance of 1 1 ⁄4 mile from the 

2 high water mark on both sides of the river segment; 

3 or 

4 (2) the distance to the nearest confined canyon 

5 rim. 

6 (c) LAND ACQUISITION.—The Secretary shall not ac7 quire any private land within the exterior boundary of a 

8 wild and scenic river corridor without the consent of the 

9 owner. 

10 SEC. 1505. LAND IDENTIFIED FOR DISPOSAL. 

11 (a) IN GENERAL.—Consistent with applicable law, 

12 the Secretary may sell public land located within the Boise 

13 District of the Bureau of Land Management that, as of 

14 July 25, 2000, has been identified for disposal in appro15 priate resource management plans. 

16 (b) USE OF PROCEEDS.— 

17 (1) IN GENERAL.—Notwithstanding any other 

18 provision of law (other than a law that specifically 

19 provides for a proportion of the proceeds of a land 

20 sale to be distributed to any trust fund of the 

21 State), proceeds from the sale of public land under 

22 subsection (a) shall be deposited in a separate ac23 count in the Treasury of the United States to be 

24 known as the ‘‘Owyhee Land Acquisition Account’’. 

25 (2) AVAILABILITY.— 
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1 (A) IN GENERAL.—Amounts in the ac2 count shall be available to the Secretary, with3 out further appropriation, to purchase land or 

4 interests in land in, or adjacent to, the wilder5 ness areas designated by this subtitle, including 

6 land identified as ‘‘Proposed for Acquisition’’ 

7 on the maps described in section 1503(a)(1). 

8 (B) APPLICABLE LAW.—Any purchase of 

9 land or interest in land under subparagraph (A) 

10 shall be in accordance with applicable law. 

11 (3) APPLICABILITY.—This subsection applies to 

12 public land within the Boise District of the Bureau 

13 of Land Management sold on or after January 1, 

14 2008. 

15 (4) ADDITIONAL AMOUNTS.—If necessary, the 

16 Secretary may use additional amounts appropriated 

17 to the Department of the Interior, subject to appli18 cable reprogramming guidelines. 

19 (c) TERMINATION OF AUTHORITY.— 

20 (1) IN GENERAL.—The authority provided 

21 under this section terminates on the earlier of— 

22 (A) the date that is 10 years after the date 

23 of enactment of this Act; or 

24 (B) the date on which a total of 

25 $8,000,000 from the account is expended. 
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1 (2) AVAILABILITY OF AMOUNTS.—Any amounts 

2 remaining in the account on the termination of au3 thority under this section shall be— 

4 (A) credited as sales of public land in the 

5 State; 

6 (B) transferred to the Federal Land Dis7 posal Account established under section 206(a) 

8 of the Federal Land Transaction Facilitation 

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

10 (C) used in accordance with that subtitle. 

11 SEC. 1506. TRIBAL CULTURAL RESOURCES. 

12 (a) COORDINATION.—The Secretary shall coordinate 

13 with the Tribes in the implementation of the Shoshone 

14 Paiute Cultural Resource Protection Plan. 

15 (b) AGREEMENTS.—The Secretary shall seek to enter 

16 into agreements with the Tribes to implement the Sho17 shone Paiute Cultural Resource Protection Plan to protect 

18 cultural sites and resources important to the continuation 

19 of the traditions and beliefs of the Tribes. 

20 SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS. 

21 (a) IN GENERAL.—In accordance with the Federal 

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

23 1701 et seq.), the Secretary shall, in coordination with the 

24 Tribes, State, and County, prepare 1 or more travel man25 agement plans for motorized and mechanized off-highway 
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1 vehicle recreation for the land managed by the Bureau of 

2 Land Management in the County. 

3 (b) INVENTORY.—Before preparing the plan under 

4 subsection (a), the Secretary shall conduct resource and 

5 route inventories of the area covered by the plan. 

6 (c) LIMITATION TO DESIGNATED ROUTES.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the plan shall limit recreational motorized 

9 and mechanized off-highway vehicle use to a system 

10 of designated roads and trails established by the 

11 plan. 

12 (2) EXCEPTION.—Paragraph (1) shall not 

13 apply to snowmobiles. 

14 (d) TEMPORARY LIMITATION.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), until the date on which the Secretary 

17 completes the plan, all recreational motorized and 

18 mechanized off-highway vehicle use shall be limited 

19 to roads and trails lawfully in existence on the day 

20 before the date of enactment of this Act. 

21 (2) EXCEPTION.—Paragraph (1) shall not 

22 apply to— 

23 (A) snowmobiles; or 
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1 (B) areas specifically identified as open, 

2 closed, or limited in the Owyhee Resource Man3 agement Plan. 

4 (e) SCHEDULE.— 

5 (1) OWYHEE FRONT.—It is the intent of Con6 gress that, not later than 1 year after the date of 

7 enactment of this Act, the Secretary shall complete 

8 a transportation plan for the Owyhee Front. 

9 (2) OTHER BUREAU OF LAND MANAGEMENT

10 LAND IN THE COUNTY.—It is the intent of Congress 

11 that, not later than 3 years after the date of enact12 ment of this Act, the Secretary shall complete a 

13 transportation plan for Bureau of Land Manage14 ment land in the County outside the Owyhee Front. 

15 SEC. 1508. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as are necessary to carry out this subtitle. 

18 Subtitle G—Sabinoso Wilderness, 

19 New Mexico 

20 SEC. 1601. DEFINITIONS. 

21 In this subtitle: 

22 (1) MAP.—The term ‘‘map’’ means the map en23 titled ‘‘Sabinoso Wilderness’’ and dated September 

24 8, 2008. 
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

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

4 of New Mexico. 

5 SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS. 

6 (a) IN GENERAL.—In furtherance of the purposes of 

7 the Wilderness Act (16 U.S.C. 1131 et seq.), the approxi8 mately 16,030 acres of land under the jurisdiction of the 

9 Taos Field Office Bureau of Land Management, New 

10 Mexico, as generally depicted on the map, is designated 

11 as wilderness and as a component of the National Wilder12 ness Preservation System, to be known as the ‘‘Sabinoso 

13 Wilderness’’. 

14 (b) MAP AND LEGAL DESCRIPTION.— 

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

16 the date of enactment of this Act, the Secretary 

17 shall file a map and a legal description of the 

18 Sabinoso Wilderness with— 

19 (A) the Committee on Energy and Natural 

20 Resources of the Senate; and 

21 (B) the Committee on Natural Resources 

22 of the House of Representatives. 

23 (2) FORCE OF LAW.—The map and legal de24 scription filed under paragraph (1) shall have the 

25 same force and effect as if included in this subtitle, 
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1 except that the Secretary may correct any clerical 

2 and typographical errors in the map and legal de3 scription. 

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

5 description filed under paragraph (1) shall be on file 

6 and available for public inspection in the appropriate 

7 offices of the Bureau of Land Management. 

8 (c) ADMINISTRATION OF WILDERNESS.— 

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

10 rights, the Sabinoso Wilderness shall be adminis11 tered by the Secretary in accordance with this sub12 title and the Wilderness Act (16 U.S.C. 1131 et 

13 seq.), except that— 

14 (A) any reference in the Wilderness Act to 

15 the effective date of that Act shall be consid16 ered to be a reference to the date of enactment 

17 of this Act; and 

18 (B) any reference in the Wilderness Act to 

19 the Secretary of Agriculture shall be considered 

20 to be a reference to the Secretary of the Inte21 rior. 

22 (2) INCORPORATION OF ACQUIRED LAND AND

23 INTERESTS.—Any land or interest in land within the 

24 boundary of the Sabinoso Wilderness that is ac25 quired by the United States shall— 
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1 (A) become part of the Sabinoso Wilder2 ness; and 

3 (B) be managed in accordance with this 

4 subtitle and any other laws applicable to the 

5 Sabinoso Wilderness. 

6 (3) GRAZING.—The grazing of livestock in the 

7 Sabinoso Wilderness, if established before the date 

8 of enactment of this Act, shall be administered in 

9 accordance with— 

10 (A) section 4(d)(4) of the Wilderness Act 

11 (16 U.S.C. 1133(d)(4)); and 

12 (B) the guidelines set forth in Appendix A 

13 of the report of the Committee on Interior and 

14 Insular Affairs of the House of Representatives 

15 accompanying H.R. 2570 of the 101st Congress 

16 (H. Rept. 101–405). 

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

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

19 1133(d)(7)), nothing in this subtitle affects the ju20 risdiction of the State with respect to fish and wild21 life in the State. 

22 (5) ACCESS.— 

23 (A) IN GENERAL.—In accordance with sec24 tion 5(a) of the Wilderness Act (16 U.S.C. 

25 1134(a)), the Secretary shall continue to allow 
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1 private landowners adequate access to 

2 inholdings in the Sabinoso Wilderness. 

3 (B) CERTAIN LAND.—For access purposes, 

4 private land within T. 16 N., R. 23 E., secs. 17 

and 20 and the N1 5 ⁄2 of sec. 21, N.M.M., shall 

6 be managed as an inholding in the Sabinoso 

7 Wilderness. 

8 (d) WITHDRAWAL.—Subject to valid existing rights, 

9 the land generally depicted on the map as ‘‘Lands With10 drawn From Mineral Entry’’ and ‘‘Lands Released From 

11 Wilderness Study Area & Withdrawn From Mineral 

12 Entry’’ is withdrawn from— 

13 (1) all forms of entry, appropriation, and dis14 posal under the public land laws, except disposal by 

15 exchange in accordance with section 206 of the Fed16 eral Land Policy and Management Act of 1976 (43 

17 U.S.C. 1716); 

18 (2) location, entry, and patent under the mining 

19 laws; and 

20 (3) operation of the mineral materials and geo21 thermal leasing laws. 

22 (e) RELEASE OF WILDERNESS STUDY AREAS.—Con23 gress finds that, for the purposes of section 603(c) of the 

24 Federal Land Policy and Management Act of 1976 (43 

25 U.S.C. 1782(c)), the public lands within the Sabinoso Wil-
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1 derness Study Area not designated as wilderness by this 

2 subtitle— 

3 (1) have been adequately studied for wilderness 

4 designation and are no longer subject to section 

5 603(c) of the Federal Land Policy and Management 

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

7 (2) shall be managed in accordance with appli8 cable law (including subsection (d)) and the land use 

9 management plan for the surrounding area. 

10 Subtitle H—Pictured Rocks 

11 National Lakeshore Wilderness 

12 SEC. 1651. DEFINITIONS. 

13 In this subtitle: 

14 (1) LINE OF DEMARCATION.—The term ‘‘line of 

15 demarcation’’ means the point on the bank or shore 

16 at which the surface waters of Lake Superior meet 

17 the land or sand beach, regardless of the level of 

18 Lake Superior. 

19 (2) MAP.—The term ‘‘map’’ means the map en20 titled ‘‘Pictured Rocks National Lakeshore Beaver 

21 Basin Wilderness Boundary’’, numbered 625/80,051, 

22 and dated April 16, 2007. 

23 (3) NATIONAL LAKESHORE.—The term ‘‘Na24 tional Lakeshore’’ means the Pictured Rocks Na25 tional Lakeshore. 
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (5) WILDERNESS.—The term ‘‘Wilderness’’ 

4 means the Beaver Basin Wilderness designated by 

5 section 1652(a). 

6 SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS. 

7 (a) IN GENERAL.—In accordance with the Wilderness 

8 Act (16 U.S.C. 1131 et seq.), the land described in sub9 section (b) is designated as wilderness and as a component 

10 of the National Wilderness Preservation System, to be 

11 known as the ‘‘Beaver Basin Wilderness’’. 

12 (b) DESCRIPTION OF LAND.—The land referred to in 

13 subsection (a) is the land and inland water comprising ap14 proximately 11,740 acres within the National Lakeshore, 

15 as generally depicted on the map. 

16 (c) BOUNDARY.— 

17 (1) LINE OF DEMARCATION.—The line of de18 marcation shall be the boundary for any portion of 

19 the Wilderness that is bordered by Lake Superior. 

20 (2) SURFACE WATER.—The surface water of 

21 Lake Superior, regardless of the fluctuating lake 

22 level, shall be considered to be outside the boundary 

23 of the Wilderness. 

24 (d) MAP AND LEGAL DESCRIPTION.— 
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1 (1) AVAILABILITY OF MAP.—The map shall be 

2 on file and available for public inspection in the ap3 propriate offices of the National Park Service. 

4 (2) LEGAL DESCRIPTION.—As soon as prac5 ticable after the date of enactment of this Act, the 

6 Secretary shall submit to the Committee on Energy 

7 and Natural Resources of the Senate and the Com8 mittee on Natural Resources of the House of Rep9 resentatives a legal description of the boundary of 

10 the Wilderness. 

11 (3) FORCE AND EFFECT.—The map and the 

12 legal description submitted under paragraph (2) 

13 shall have the same force and effect as if included 

14 in this subtitle, except that the Secretary may cor15 rect any clerical or typographical errors in the map 

16 and legal description. 

17 SEC. 1653. ADMINISTRATION. 

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

19 the Wilderness shall be administered by the Secretary in 

20 accordance with the Wilderness Act (16 U.S.C. 1131 et 

21 seq.), except that— 

22 (1) any reference in that Act to the effective 

23 date of that Act shall be considered to be a reference 

24 to the date of enactment of this Act; and 
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1 (2) with respect to land administered by the 

2 Secretary, any reference in that Act to the Secretary 

3 of Agriculture shall be considered to be a reference 

4 to the Secretary. 

5 (b) USE OF ELECTRIC MOTORS.—The use of boats 

6 powered by electric motors on Little Beaver and Big Bea7 ver Lakes may continue, subject to any applicable laws 

8 (including regulations). 

9 SEC. 1654. EFFECT. 

10 Nothing in this subtitle— 

11 (1) modifies, alters, or affects any treaty rights; 

12 (2) alters the management of the water of Lake 

13 Superior within the boundary of the Pictured Rocks 

14 National Lakeshore in existence on the date of en15 actment of this Act; or 

16 (3) prohibits— 

17 (A) the use of motors on the surface water 

18 of Lake Superior adjacent to the Wilderness; or 

19 (B) the beaching of motorboats at the line 

20 of demarcation. 

21 Subtitle I—Oregon Badlands 

22 Wilderness 

23 SEC. 1701. DEFINITIONS. 

24 In this subtitle: 
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1 (1) DISTRICT.—The term ‘‘District’’ means the 

2 Central Oregon Irrigation District. 

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

4 the Secretary of the Interior. 

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

6 of Oregon. 

7 (4) WILDERNESS MAP.—The term ‘‘wilderness 

8 map’’ means the map entitled ‘‘Badlands Wilder9 ness’’ and dated September 3, 2008. 

10 SEC. 1702. OREGON BADLANDS WILDERNESS. 

11 (a) DESIGNATION.—In accordance with the Wilder12 ness Act (16 U.S.C. 1131 et seq.), the approximately 

13 29,301 acres of Bureau of Land Management land in the 

14 State, as generally depicted on the wilderness map, is des15 ignated as wilderness and as a component of the National 

16 Wilderness Preservation System, to be known as the ‘‘Or17 egon Badlands Wilderness’’. 

18 (b) ADMINISTRATION OF WILDERNESS.— 

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

20 rights, the Oregon Badlands Wilderness shall be ad21 ministered by the Secretary in accordance with the 

22 Wilderness Act (16 U.S.C. 1131 et seq.), except 

23 that— 

24 (A) any reference in the Wilderness Act to 

25 the effective date of that Act shall be consid-
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1 ered to be a reference to the date of enactment 

2 of this Act; and 

3 (B) any reference in the Wilderness Act to 

4 the Secretary of Agriculture shall be considered 

5 to be a reference to the Secretary of the Inte6 rior. 

7 (2) INCORPORATION OF ACQUIRED LAND AND

8 INTERESTS.—Any land or interest in land within the 

9 boundary of the Oregon Badlands Wilderness that is 

10 acquired by the United States shall— 

11 (A) become part of the Oregon Badlands 

12 Wilderness; and 

13 (B) be managed in accordance with this 

14 subtitle, the Wilderness Act (16 U.S.C. 1131 et 

15 seq.), and any other applicable law. 

16 (3) GRAZING.—The grazing of livestock in the 

17 Oregon Badlands Wilderness, if established before 

18 the date of enactment of this Act, shall be permitted 

19 to continue subject to such reasonable regulations as 

20 are considered necessary by the Secretary in accord21 ance with— 

22 (A) section 4(d)(4) of the Wilderness Act 

23 (16 U.S.C. 1133(d)(4)); and 

24 (B) the guidelines set forth in Appendix A 

25 of the report of the Committee on Interior and 
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1 Insular Affairs of the House of Representatives 

2 accompanying H.R. 2570 of the 101st Congress 

3 (H. Rept. 101–405). 

4 (4) ACCESS TO PRIVATE PROPERTY.—In ac5 cordance with section 5(a) of the Wilderness Act (16 

6 U.S.C. 1134(a)), the Secretary shall provide any 

7 owner of private property within the boundary of the 

8 Oregon Badlands Wilderness adequate access to the 

9 property. 

10 (c) POTENTIAL WILDERNESS.— 

11 (1) IN GENERAL.—In furtherance of the pur12 poses of the Wilderness Act (16 U.S.C. 1131 et 

13 seq.), a corridor of certain Federal land managed by 

14 the Bureau of Land Management with a width of 25 

15 feet, as generally depicted on the wilderness map as 

16 ‘‘Potential Wilderness’’, is designated as potential 

17 wilderness. 

18 (2) INTERIM MANAGEMENT.—The potential wil19 derness designated by paragraph (1) shall be man20 aged in accordance with the Wilderness Act (16 

21 U.S.C. 1131 et seq.), except that the Secretary may 

22 allow nonconforming uses that are authorized and in 

23 existence on the date of enactment of this Act to 

24 continue in the potential wilderness. 
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1 (3) DESIGNATION AS WILDERNESS.—On the 

2 date on which the Secretary publishes in the Federal 

3 Register notice that any nonconforming uses in the 

4 potential wilderness designated by paragraph (1) 

5 that are permitted under paragraph (2) have termi6 nated, the potential wilderness shall be— 

7 (A) designated as wilderness and as a com8 ponent of the National Wilderness Preservation 

9 System; and 

10 (B) incorporated into the Oregon Badlands 

11 Wilderness. 

12 (d) MAP AND LEGAL DESCRIPTION.— 

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

14 the date of enactment of this Act, the Secretary 

15 shall file a map and legal description of the Oregon 

16 Badlands Wilderness with— 

17 (A) the Committee on Energy and Natural 

18 Resources of the Senate; and 

19 (B) the Committee on Natural Resources 

20 of the House of Representatives. 

21 (2) FORCE OF LAW.—The map and legal de22 scription filed under paragraph (1) shall have the 

23 same force and effect as if included in this subtitle, 

24 except that the Secretary may correct typographical 

25 errors in the map and legal description. 
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1 (3) PUBLIC AVAILABILITY.—The map and legal 

2 description filed under paragraph (1) shall be on file 

3 and available for public inspection in the appropriate 

4 offices of the Bureau of Land Management. 

5 SEC. 1703. RELEASE. 

6 (a) FINDING.—Congress finds that, for the purposes 

7 of section 603(c) of the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1782(c)), the portions of 

9 the Badlands wilderness study area that are not des10 ignated as the Oregon Badlands Wilderness or as potential 

11 wilderness have been adequately studied for wilderness or 

12 potential wilderness designation. 

13 (b) RELEASE.—Any public land described in sub14 section (a) that is not designated as wilderness by this 

15 subtitle— 

16 (1) is no longer subject to section 603(c) of the 

17 Federal Land Policy and Management Act of 1976 

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

19 (2) shall be managed in accordance with the ap20 plicable land use plan adopted under section 202 of 

21 that Act (43 U.S.C. 1712). 

22 SEC. 1704. LAND EXCHANGES. 

23 (a) CLARNO LAND EXCHANGE.— 

24 (1) CONVEYANCE OF LAND.—Subject to sub25 sections (c) through (e), if the landowner offers to 
138 

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1 convey to the United States all right, title, and in2 terest of the landowner in and to the non-Federal 

3 land described in paragraph (2)(A), the Secretary 

4 shall— 

5 (A) accept the offer; and 

6 (B) on receipt of acceptable title to the 

7 non-Federal land, convey to the Landowner all 

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

9 and to the Federal land described in paragraph 

10 (2)(B). 

11 (2) DESCRIPTION OF LAND.— 

12 (A) NON-FEDERAL LAND.—The non-Fed13 eral land referred to in paragraph (1) is the ap14 proximately 239 acres of non-Federal land iden15 tified on the wilderness map as ‘‘Clarno to Fed16 eral Government’’. 

17 (B) FEDERAL LAND.—The Federal land 

18 referred to in paragraph (1)(B) is the approxi19 mately 209 acres of Federal land identified on 

20 the wilderness map as ‘‘Federal Government to 

21 Clarno’’. 

22 (3) SURVEYS.—The exact acreage and legal de23 scription of the Federal land and non-Federal land 

24 described in paragraph (2) shall be determined by 

25 surveys approved by the Secretary. 
139 

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1 (b) DISTRICT EXCHANGE.— 

2 (1) CONVEYANCE OF LAND.—Subject to sub3 sections (c) through (e), if the District offers to con4 vey to the United States all right, title, and interest 

5 of the District in and to the non-Federal land de6 scribed in paragraph (2)(A), the Secretary shall— 

7 (A) accept the offer; and 

8 (B) on receipt of acceptable title to the 

9 non-Federal land, convey to the District all 

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

11 and to the Federal land described in paragraph 

12 (2)(B). 

13 (2) DESCRIPTION OF LAND.— 

14 (A) NON-FEDERAL LAND.—The non-Fed15 eral land referred to in paragraph (1) is the ap16 proximately 527 acres of non-Federal land iden17 tified on the wilderness map as ‘‘COID to Fed18 eral Government’’. 

19 (B) FEDERAL LAND.—The Federal land 

20 referred to in paragraph (1)(B) is the approxi21 mately 697 acres of Federal land identified on 

22 the wilderness map as ‘‘Federal Government to 

23 COID’’. 

24 (3) SURVEYS.—The exact acreage and legal de25 scription of the Federal land and non-Federal land 
140 

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1 described in paragraph (2) shall be determined by 

2 surveys approved by the Secretary. 

3 (c) APPLICABLE LAW.—Except as otherwise provided 

4 in this section, the Secretary shall carry out the land ex5 changes under this section in accordance with section 206 

6 of the Federal Land Policy and Management Act of 1976 

7 (43 U.S.C. 1716). 

8 (d) VALUATION, APPRAISALS, AND EQUALIZATION.— 

9 (1) IN GENERAL.—The value of the Federal 

10 land and the non-Federal land to be conveyed in a 

11 land exchange under this section— 

12 (A) shall be equal, as determined by ap13 praisals conducted in accordance with para14 graph (2); or 

15 (B) if not equal, shall be equalized in ac16 cordance with paragraph (3). 

17 (2) APPRAISALS.— 

18 (A) IN GENERAL.—The Federal land and 

19 the non-Federal land to be exchanged under 

20 this section shall be appraised by an inde21 pendent, qualified appraiser that is agreed to by 

22 the Secretary and the owner of the non-Federal 

23 land to be exchanged. 
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1 (B) REQUIREMENTS.—An appraisal under 

2 subparagraph (A) shall be conducted in accord3 ance with— 

4 (i) the Uniform Appraisal Standards 

5 for Federal Land Acquisitions; and 

6 (ii) the Uniform Standards of Profes7 sional Appraisal Practice. 

8 (3) EQUALIZATION.— 

9 (A) IN GENERAL.—If the value of the Fed10 eral land and the non-Federal land to be con11 veyed in a land exchange under this section is 

12 not equal, the value may be equalized by— 

13 (i) making a cash equalization pay14 ment to the Secretary or to the owner of 

15 the non-Federal land, as appropriate, in 

16 accordance with section 206(b) of the Fed17 eral Land Policy and Management Act of 

18 1976 (43 U.S.C. 1716(b)); or 

19 (ii) reducing the acreage of the Fed20 eral land or the non-Federal land to be ex21 changed, as appropriate. 

22 (B) CASH EQUALIZATION PAYMENTS.— 

23 Any cash equalization payments received by the 

24 Secretary under subparagraph (A)(i) shall be— 
142 

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1 (i) deposited in the Federal Land Dis2 posal Account established by section 

3 206(a) of the Federal Land Transaction 

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

5 (ii) used in accordance with that Act. 

6 (e) CONDITIONS OF EXCHANGE.— 

7 (1) IN GENERAL.—The land exchanges under 

8 this section shall be subject to such terms and condi9 tions as the Secretary may require. 

10 (2) COSTS.—As a condition of a conveyance of 

11 Federal land and non-Federal land under this sec12 tion, the Federal Government and the owner of the 

13 non-Federal land shall equally share all costs relat14 ing to the land exchange, including the costs of ap15 praisals, surveys, and any necessary environmental 

16 clearances. 

17 (3) VALID EXISTING RIGHTS.—The exchange of 

18 Federal land and non-Federal land under this sec19 tion shall be subject to any easements, rights-of-way, 

20 and other valid rights in existence on the date of en21 actment of this Act. 

22 (f) COMPLETION OF LAND EXCHANGE.—It is the in23 tent of Congress that the land exchanges under this sec24 tion shall be completed not later than 2 years after the 

25 date of enactment of this Act. 
143 

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1 SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS. 

2 Nothing in this subtitle alters, modifies, enlarges, di3 minishes, or abrogates the treaty rights of any Indian 

4 tribe, including the off-reservation reserved rights secured 

5 by the Treaty with the Tribes and Bands of Middle Or6 egon of June 25, 1855 (12 Stat. 963). 

7 Subtitle J—Spring Basin 

8 Wilderness, Oregon 

9 SEC. 1751. DEFINITIONS. 

10 In this subtitle: 

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

12 the Secretary of the Interior. 

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

14 of Oregon. 

15 (3) TRIBES.—The term ‘‘Tribes’’ means the 

16 Confederated Tribes of the Warm Springs Reserva17 tion of Oregon. 

18 (4) WILDERNESS MAP.—The term ‘‘wilderness 

19 map’’ means the map entitled ‘‘Spring Basin Wilder20 ness with Land Exchange Proposals’’ and dated 

21 September 3, 2008. 

22 SEC. 1752. SPRING BASIN WILDERNESS. 

23 (a) DESIGNATION.—In accordance with the Wilder24 ness Act (16 U.S.C. 1131 et seq.), the approximately 

25 6,382 acres of Bureau of Land Management land in the 

26 State, as generally depicted on the wilderness map, is des-
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1 ignated as wilderness and as a component of the National 

2 Wilderness Preservation System, to be known as the 

3 ‘‘Spring Basin Wilderness’’. 

4 (b) ADMINISTRATION OF WILDERNESS.— 

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

6 rights, the Spring Basin Wilderness shall be admin7 istered by the Secretary in accordance with the Wil8 derness Act (16 U.S.C. 1131 et seq.), except that— 

9 (A) any reference in the Wilderness Act to 

10 the effective date of that Act shall be consid11 ered to be a reference to the date of enactment 

12 of this Act; and 

13 (B) any reference in the Wilderness Act to 

14 the Secretary of Agriculture shall be considered 

15 to be a reference to the Secretary of the Inte16 rior. 

17 (2) INCORPORATION OF ACQUIRED LAND AND

18 INTERESTS.—Any land or interest in land within the 

19 boundary of the Spring Basin Wilderness that is ac20 quired by the United States shall— 

21 (A) become part of the Spring Basin Wil22 derness; and 

23 (B) be managed in accordance with this 

24 Act, the Wilderness Act (16 U.S.C. 1131 et 

25 seq.), and any other applicable law. 
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1 (3) GRAZING.—The grazing of livestock in the 

2 Spring Basin Wilderness, if established before the 

3 date of enactment of this Act, shall be permitted to 

4 continue subject to such reasonable regulations as 

5 are considered necessary by the Secretary, in accord6 ance with— 

7 (A) section 4(d)(4) of the Wilderness Act 

8 (16 U.S.C. 1133(d)(4)); and 

9 (B) the guidelines set forth in Appendix A 

10 of the report of the Committee on Interior and 

11 Insular Affairs of the House of Representatives 

12 accompanying H.R. 2570 of the 101st Congress 

13 (H. Rept. 101–405). 

14 (c) MAP AND LEGAL DESCRIPTION.— 

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

16 the date of enactment of this Act, the Secretary 

17 shall file a map and a legal description of the Spring 

18 Basin Wilderness with— 

19 (A) the Committee on Energy and Natural 

20 Resources of the Senate; and 

21 (B) the Committee on Natural Resources 

22 of the House of Representatives. 

23 (2) FORCE OF LAW.—The map and legal de24 scription filed under paragraph (1) shall have the 

25 same force and effect as if included in this section, 
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1 except that the Secretary may correct any typo2 graphical errors in the map and legal description. 

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

4 description filed under paragraph (1) shall be on file 

5 and available for public inspection in the appropriate 

6 offices of the Bureau of Land Management. 

7 SEC. 1753. RELEASE. 

8 (a) FINDING.—Congress finds that, for the purposes 

9 of section 603(c) of the Federal Land Policy and Manage10 ment Act of 1976 (43 U.S.C. 1782(c)), the portions of 

11 the Spring Basin wilderness study area that are not des12 ignated by section 1752(a) as the Spring Basin Wilderness 

13 in the following areas have been adequately studied for 

14 wilderness designation: 

(1) T. 8 S., R. 19 E., sec. 10, NE 1⁄4, W 1 15 ⁄2. 

(2) T. 8 S., R.19 E., sec. 25, SE 1⁄4, SE 1 16 ⁄4. 

(3) T. 8 S., R. 20 E., sec. 19, SE 1⁄4, S 1 17 ⁄2 of 

the S 1 18 ⁄2. 

19 (b) RELEASE.—Any public land described in sub20 section (a) that is not designated as wilderness by this 

21 subtitle— 

22 (1) is no longer subject to section 603(c) of the 

23 Federal Land Policy and Management Act of 1976 

24 (43 U.S.C. 1782(c)); and 
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1 (2) shall be managed in accordance with the ap2 plicable land use plan adopted under section 202 of 

3 that Act (43 U.S.C. 1712). 

4 SEC. 1754. LAND EXCHANGES. 

5 (a) CONFEDERATED TRIBES OF THE WARM SPRINGS

6 RESERVATION LAND EXCHANGE.— 

7 (1) CONVEYANCE OF LAND.—Subject to sub8 sections (e) through (g), if the Tribes offer to convey 

9 to the United States all right, title, and interest of 

10 the Tribes in and to the non-Federal land described 

11 in paragraph (2)(A), the Secretary shall— 

12 (A) accept the offer; and 

13 (B) on receipt of acceptable title to the 

14 non-Federal land, convey to the Tribes all right, 

15 title, and interest of the United States in and 

16 to the Federal land described in paragraph 

17 (2)(B). 

18 (2) DESCRIPTION OF LAND.— 

19 (A) NON-FEDERAL LAND.—The non-Fed20 eral land referred to in paragraph (1) is the ap21 proximately 4,480 acres of non-Federal land 

22 identified on the wilderness map as ‘‘Lands pro23 posed for transfer from the CTWSIR to the 

24 Federal Government’’. 
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1 (B) FEDERAL LAND.—The Federal land 

2 referred to in paragraph (1)(B) is the approxi3 mately 4,578 acres of Federal land identified on 

4 the wilderness map as ‘‘Lands proposed for 

5 transfer from the Federal Government to 

6 CTWSIR’’. 

7 (3) SURVEYS.—The exact acreage and legal de8 scription of the Federal land and non-Federal land 

9 described in paragraph (2) shall be determined by 

10 surveys approved by the Secretary. 

11 (4) WITHDRAWAL.—Subject to valid existing 

12 rights, the land acquired by the Secretary under this 

13 subsection is withdrawn from all forms of— 

14 (A) entry, appropriation, or disposal under 

15 the public land laws; 

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

17 mining laws; and 

18 (C) disposition under any law relating to 

19 mineral and geothermal leasing or mineral ma20 terials. 

21 (b) MCGREER LAND EXCHANGE.— 

22 (1) CONVEYANCE OF LAND.—Subject to sub23 sections (e) through (g), if the landowner offers to 

24 convey to the United States all right, title, and in25 terest of the landowner in and to the non-Federal 
149 

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1 land described in paragraph (2)(A), the Secretary 

2 shall— 

3 (A) accept the offer; and 

4 (B) on receipt of acceptable title to the 

5 non-Federal land, convey to the landowner all 

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

7 and to the Federal land described in paragraph 

8 (2)(B). 

9 (2) DESCRIPTION OF LAND.— 

10 (A) NON-FEDERAL LAND.—The non-Fed11 eral land referred to in paragraph (1) is the ap12 proximately 18 acres of non-Federal land iden13 tified on the wilderness map as ‘‘Lands pro14 posed for transfer from McGreer to the Federal 

15 Government’’. 

16 (B) FEDERAL LAND.—The Federal land 

17 referred to in paragraph (1)(B) is the approxi18 mately 327 acres of Federal land identified on 

19 the wilderness map as ‘‘Lands proposed for 

20 transfer from the Federal Government to 

21 McGreer’’. 

22 (3) SURVEYS.—The exact acreage and legal de23 scription of the Federal land and non-Federal land 

24 described in paragraph (2) shall be determined by 

25 surveys approved by the Secretary. 
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1 (c) KEYS LAND EXCHANGE.— 

2 (1) CONVEYANCE OF LAND.—Subject to sub3 sections (e) through (g), if the landowner offers to 

4 convey to the United States all right, title, and in5 terest of the landowner in and to the non-Federal 

6 land described in paragraph (2)(A), the Secretary 

7 shall— 

8 (A) accept the offer; and 

9 (B) on receipt of acceptable title to the 

10 non-Federal land, convey to the landowner all 

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

12 and to the Federal land described in paragraph 

13 (2)(B). 

14 (2) DESCRIPTION OF LAND.— 

15 (A) NON-FEDERAL LAND.—The non-Fed16 eral land referred to in paragraph (1) is the ap17 proximately 180 acres of non-Federal land iden18 tified on the wilderness map as ‘‘Lands pro19 posed for transfer from Keys to the Federal 

20 Government’’. 

21 (B) FEDERAL LAND.—The Federal land 

22 referred to in paragraph (1)(B) is the approxi23 mately 187 acres of Federal land identified on 

24 the wilderness map as ‘‘Lands proposed for 
151 

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1 transfer from the Federal Government to 

2 Keys’’. 

3 (3) SURVEYS.—The exact acreage and legal de4 scription of the Federal land and non-Federal land 

5 described in paragraph (2) shall be determined by 

6 surveys approved by the Secretary. 

7 (d) BOWERMAN LAND EXCHANGE.— 

8 (1) CONVEYANCE OF LAND.—Subject to sub9 sections (e) through (g), if the landowner offers to 

10 convey to the United States all right, title, and in11 terest of the landowner in and to the non-Federal 

12 land described in paragraph (2)(A), the Secretary 

13 shall— 

14 (A) accept the offer; and 

15 (B) on receipt of acceptable title to the 

16 non-Federal land, convey to the landowner all 

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

18 and to the Federal land described in paragraph 

19 (2)(B). 

20 (2) DESCRIPTION OF LAND.— 

21 (A) NON-FEDERAL LAND.—The non-Fed22 eral land referred to in paragraph (1) is the ap23 proximately 32 acres of non-Federal land iden24 tified on the wilderness map as ‘‘Lands pro-
152 

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1 posed for transfer from Bowerman to the Fed2 eral Government’’. 

3 (B) FEDERAL LAND.—The Federal land 

4 referred to in paragraph (1)(B) is the approxi5 mately 24 acres of Federal land identified on 

6 the wilderness map as ‘‘Lands proposed for 

7 transfer from the Federal Government to 

8 Bowerman’’. 

9 (3) SURVEYS.—The exact acreage and legal de10 scription of the Federal land and non-Federal land 

11 described in paragraph (2) shall be determined by 

12 surveys approved by the Secretary. 

13 (e) APPLICABLE LAW.—Except as otherwise provided 

14 in this section, the Secretary shall carry out the land ex15 changes under this section in accordance with section 206 

16 of the Federal Land Policy and Management Act of 1976 

17 (43 U.S.C. 1716). 

18 (f) VALUATION, APPRAISALS, AND EQUALIZATION.— 

19 (1) IN GENERAL.—The value of the Federal 

20 land and the non-Federal land to be conveyed in a 

21 land exchange under this section— 

22 (A) shall be equal, as determined by ap23 praisals conducted in accordance with para24 graph (2); or 
153 

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1 (B) if not equal, shall be equalized in ac2 cordance with paragraph (3). 

3 (2) APPRAISALS.— 

4 (A) IN GENERAL.—The Federal land and 

5 the non-Federal land to be exchanged under 

6 this section shall be appraised by an inde7 pendent, qualified appraiser that is agreed to by 

8 the Secretary and the owner of the non-Federal 

9 land to be exchanged. 

10 (B) REQUIREMENTS.—An appraisal under 

11 subparagraph (A) shall be conducted in accord12 ance with— 

13 (i) the Uniform Appraisal Standards 

14 for Federal Land Acquisitions; and 

15 (ii) the Uniform Standards of Profes16 sional Appraisal Practice. 

17 (3) EQUALIZATION.— 

18 (A) IN GENERAL.—If the value of the Fed19 eral land and the non-Federal land to be con20 veyed in a land exchange under this section is 

21 not equal, the value may be equalized by— 

22 (i) making a cash equalization pay23 ment to the Secretary or to the owner of 

24 the non-Federal land, as appropriate, in 

25 accordance with section 206(b) of the Fed-
154 

•S 22 ES

1 eral Land Policy and Management Act of 

2 1976 (43 U.S.C. 1716(b)); or 

3 (ii) reducing the acreage of the Fed4 eral land or the non-Federal land to be ex5 changed, as appropriate. 

6 (B) CASH EQUALIZATION PAYMENTS.— 

7 Any cash equalization payments received by the 

8 Secretary under subparagraph (A)(i) shall be— 

9 (i) deposited in the Federal Land Dis10 posal Account established by section 

11 206(a) of the Federal Land Transaction 

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

13 (ii) used in accordance with that Act. 

14 (g) CONDITIONS OF EXCHANGE.— 

15 (1) IN GENERAL.—The land exchanges under 

16 this section shall be subject to such terms and condi17 tions as the Secretary may require. 

18 (2) COSTS.—As a condition of a conveyance of 

19 Federal land and non-Federal land under this sec20 tion, the Federal Government and the owner of the 

21 non-Federal land shall equally share all costs relat22 ing to the land exchange, including the costs of ap23 praisals, surveys, and any necessary environmental 

24 clearances. 
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1 (3) VALID EXISTING RIGHTS.—The exchange of 

2 Federal land and non-Federal land under this sec3 tion shall be subject to any easements, rights-of-way, 

4 and other valid rights in existence on the date of en5 actment of this Act. 

6 (h) COMPLETION OF LAND EXCHANGE.—It is the in7 tent of Congress that the land exchanges under this sec8 tion shall be completed not later than 2 years after the 

9 date of enactment of this Act. 

10 SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS. 

11 Nothing in this subtitle alters, modifies, enlarges, di12 minishes, or abrogates the treaty rights of any Indian 

13 tribe, including the off-reservation reserved rights secured 

14 by the Treaty with the Tribes and Bands of Middle Or15 egon of June 25, 1855 (12 Stat. 963). 

16 Subtitle K—Eastern Sierra and 

17 Northern San Gabriel Wilder18 ness, California 

19 SEC. 1801. DEFINITIONS. 

20 In this subtitle: 

21 (1) FOREST.—The term ‘‘Forest’’ means the 

22 Ancient Bristlecone Pine Forest designated by sec23 tion 1808(a). 
156 

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1 (2) RECREATION AREA.—The term ‘‘Recreation 

2 Area’’ means the Bridgeport Winter Recreation Area 

3 designated by section 1806(a). 

4 (3) SECRETARY.—The term ‘‘Secretary’’ 

5 means— 

6 (A) with respect to land under the jurisdic7 tion of the Secretary of Agriculture, the Sec8 retary of Agriculture; and 

9 (B) with respect to land under the jurisdic10 tion of the Secretary of the Interior, the Sec11 retary of the Interior. 

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

13 of California. 

14 (5) TRAIL.—The term ‘‘Trail’’ means the Pa15 cific Crest National Scenic Trail. 

16 SEC. 1802. DESIGNATION OF WILDERNESS AREAS. 

17 In accordance with the Wilderness Act (16 U.S.C. 

18 1131 et seq.), the following areas in the State are des19 ignated as wilderness and as components of the National 

20 Wilderness Preservation System: 

21 (1) HOOVER WILDERNESS ADDITIONS.— 

22 (A) IN GENERAL.—Certain land in the 

23 Humboldt-Toiyabe and Inyo National Forests, 

24 comprising approximately 79,820 acres and 

25 identified as ‘‘Hoover East Wilderness Addi-
157 

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1 tion,’’ ‘‘Hoover West Wilderness Addition’’, and 

2 ‘‘Bighorn Proposed Wilderness Addition’’, as 

3 generally depicted on the maps described in 

4 subparagraph (B), is incorporated in, and shall 

5 be considered to be a part of, the Hoover Wil6 derness. 

7 (B) DESCRIPTION OF MAPS.—The maps 

8 referred to in subparagraph (A) are— 

9 (i) the map entitled ‘‘Humboldt10 Toiyabe National Forest Proposed Man11 agement’’ and dated September 17, 2008; 

12 and 

13 (ii) the map entitled ‘‘Bighorn Pro14 posed Wilderness Additions’’ and dated 

15 September 23, 2008. 

16 (C) EFFECT.—The designation of the wil17 derness under subparagraph (A) shall not affect 

18 the ongoing activities of the adjacent United 

19 States Marine Corps Mountain Warfare Train20 ing Center on land outside the designated wil21 derness, in accordance with the agreement be22 tween the Center and the Humboldt-Toiyabe 

23 National Forest. 

24 (2) OWENS RIVER HEADWATERS WILDER25 NESS.—Certain land in the Inyo National Forest, 
158 

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1 comprising approximately 14,721 acres, as generally 

2 depicted on the map entitled ‘‘Owens River Head3 waters Proposed Wilderness’’ and dated September 

4 16, 2008, which shall be known as the ‘‘Owens River 

5 Headwaters Wilderness’’. 

6 (3) JOHN MUIR WILDERNESS ADDITIONS.— 

7 (A) IN GENERAL.—Certain land in the 

8 Inyo National Forest and certain land adminis9 tered by the Bureau of Land Management in 

10 Inyo County, California, comprising approxi11 mately 70,411 acres, as generally depicted on 

12 the maps described in subparagraph (B), is in13 corporated in, and shall be considered to be a 

14 part of, the John Muir Wilderness. 

15 (B) DESCRIPTION OF MAPS.—The maps 

16 referred to in subparagraph (A) are— 

17 (i) the map entitled ‘‘John Muir Pro18 posed Wilderness Addition (1 of 5)’’ and 

19 dated September 23, 2008; 

20 (ii) the map entitled ‘‘John Muir Pro21 posed Wilderness Addition (2 of 5)’’ and 

22 dated September 23, 2008; 

23 (iii) the map entitled ‘‘John Muir Pro24 posed Wilderness Addition (3 of 5)’’ and 

25 dated October 31, 2008; 
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1 (iv) the map entitled ‘‘John Muir Pro2 posed Wilderness Addition (4 of 5)’’ and 

3 dated September 16, 2008; and 

4 (v) the map entitled ‘‘John Muir Pro5 posed Wilderness Addition (5 of 5)’’ and 

6 dated September 16, 2008. 

7 (C) BOUNDARY REVISION.—The boundary 

8 of the John Muir Wilderness is revised as de9 picted on the map entitled ‘‘John Muir Wilder10 ness—Revised’’ and dated September 16, 2008. 

11 (4) ANSEL ADAMS WILDERNESS ADDITION.— 

12 Certain land in the Inyo National Forest, comprising 

13 approximately 528 acres, as generally depicted on 

14 the map entitled ‘‘Ansel Adams Proposed Wilderness 

15 Addition’’ and dated September 16, 2008, is incor16 porated in, and shall be considered to be a part of, 

17 the Ansel Adams Wilderness. 

18 (5) WHITE MOUNTAINS WILDERNESS.— 

19 (A) IN GENERAL.—Certain land in the 

20 Inyo National Forest and certain land adminis21 tered by the Bureau of Land Management in 

22 Mono County, California, comprising approxi23 mately 229,993 acres, as generally depicted on 

24 the maps described in subparagraph (B), which 
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1 shall be known as the ‘‘White Mountains Wil2 derness’’. 

3 (B) DESCRIPTION OF MAPS.—The maps 

4 referred to in subparagraph (A) are— 

5 (i) the map entitled ‘‘White Moun6 tains Proposed Wilderness-Map 1 of 2 

7 (North)’’ and dated September 16, 2008; 

8 and 

9 (ii) the map entitled ‘‘White Moun10 tains Proposed Wilderness-Map 2 of 2 

11 (South)’’ and dated September 16, 2008. 

12 (6) GRANITE MOUNTAIN WILDERNESS.—Cer13 tain land in the Inyo National Forest and certain 

14 land administered by the Bureau of Land Manage15 ment in Mono County, California, comprising ap16 proximately 34,342 acres, as generally depicted on 

17 the map entitled ‘‘Granite Mountain Wilderness’’ 

18 and dated September 19, 2008, which shall be 

19 known as the ‘‘Granite Mountain Wilderness’’. 

20 (7) MAGIC MOUNTAIN WILDERNESS.—Certain 

21 land in the Angeles National Forest, comprising ap22 proximately 12,282 acres, as generally depicted on 

23 the map entitled ‘‘Magic Mountain Proposed Wilder24 ness’’ and dated December 16, 2008, which shall be 

25 known as the ‘‘Magic Mountain Wilderness’’. 
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1 (8) PLEASANT VIEW RIDGE WILDERNESS.—Cer2 tain land in the Angeles National Forest, comprising 

3 approximately 26,757 acres, as generally depicted on 

4 the map entitled ‘‘Pleasant View Ridge Proposed 

5 Wilderness’’ and dated December 16, 2008, which 

6 shall be known as the ‘‘Pleasant View Ridge Wilder7 ness’’. 

8 SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS. 

9 (a) MANAGEMENT.—Subject to valid existing rights, 

10 the Secretary shall administer the wilderness areas and 

11 wilderness additions designated by this subtitle in accord12 ance with the Wilderness Act (16 U.S.C. 1131 et seq.), 

13 except that— 

14 (1) any reference in that Act to the effective 

15 date shall be considered to be a reference to the date 

16 of enactment of this Act; and 

17 (2) any reference in that Act to the Secretary 

18 of Agriculture shall be considered to be a reference 

19 to the Secretary that has jurisdiction over the land. 

20 (b) MAP AND LEGAL DESCRIPTION.— 

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

22 the date of enactment of this Act, the Secretary 

23 shall file a map and legal description of each wilder24 ness area and wilderness addition designated by this 

25 subtitle with— 
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1 (A) the Committee on Natural Resources 

2 of the House of Representatives; and 

3 (B) the Committee on Energy and Natural 

4 Resources of the Senate. 

5 (2) FORCE OF LAW.—Each map and legal de6 scription filed under paragraph (1) shall have the 

7 same force and effect as if included in this subtitle, 

8 except that the Secretary may correct any errors in 

9 the map and legal description. 

10 (3) PUBLIC AVAILABILITY.—Each map and 

11 legal description filed under paragraph (1) shall be 

12 on file and available for public inspection in the ap13 propriate offices of the Secretary. 

14 (c) INCORPORATION OF ACQUIRED LAND AND INTER15 ESTS.—Any land (or interest in land) within the boundary 

16 of a wilderness area or wilderness addition designated by 

17 this subtitle that is acquired by the Federal Government 

18 shall— 

19 (1) become part of the wilderness area in which 

20 the land is located; and 

21 (2) be managed in accordance with this subtitle, 

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

23 any other applicable law. 

24 (d) WITHDRAWAL.—Subject to valid rights in exist25 ence on the date of enactment of this Act, any Federal 
163 

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1 land designated as a wilderness area or wilderness addi2 tion by this subtitle is withdrawn from— 

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

4 under the public land laws; 

5 (2) location, entry, and patent under the mining 

6 laws; and 

7 (3) disposition under laws relating to mineral 

8 and geothermal leasing or mineral materials. 

9 (e) FIRE MANAGEMENT AND RELATED ACTIVI10 TIES.— 

11 (1) IN GENERAL.—The Secretary may take 

12 such measures in a wilderness area or wilderness ad13 dition designated by this subtitle as are necessary 

14 for the control of fire, insects, and diseases in ac15 cordance with section 4(d)(1) of the Wilderness Act 

16 (16 U.S.C. 1133(d)(1)) and House Report 98–40 of 

17 the 98th Congress. 

18 (2) FUNDING PRIORITIES.—Nothing in this 

19 subtitle limits funding for fire and fuels manage20 ment in the wilderness areas and wilderness addi21 tions designated by this subtitle. 

22 (3) REVISION AND DEVELOPMENT OF LOCAL

23 FIRE MANAGEMENT PLANS.—As soon as practicable 

24 after the date of enactment of this Act, the Sec25 retary shall amend the local fire management plans 
164 

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1 that apply to the land designated as a wilderness 

2 area or wilderness addition by this subtitle. 

3 (4) ADMINISTRATION.—Consistent with para4 graph (1) and other applicable Federal law, to en5 sure a timely and efficient response to fire emer6 gencies in the wilderness areas and wilderness addi7 tions designated by this subtitle, the Secretary 

8 shall— 

9 (A) not later than 1 year after the date of 

10 enactment of this Act, establish agency ap11 proval procedures (including appropriate delega12 tions of authority to the Forest Supervisor, Dis13 trict Manager, or other agency officials) for re14 sponding to fire emergencies; and 

15 (B) enter into agreements with appropriate 

16 State or local firefighting agencies. 

17 (f) ACCESS TO PRIVATE PROPERTY.—The Secretary 

18 shall provide any owner of private property within the 

19 boundary of a wilderness area or wilderness addition des20 ignated by this subtitle adequate access to the property 

21 to ensure the reasonable use and enjoyment of the prop22 erty by the owner. 

23 (g) MILITARY ACTIVITIES.—Nothing in this subtitle 

24 precludes— 
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1 (1) low-level overflights of military aircraft over 

2 the wilderness areas or wilderness additions des3 ignated by this subtitle; 

4 (2) the designation of new units of special air5 space over the wilderness areas or wilderness addi6 tions designated by this subtitle; or 

7 (3) the use or establishment of military flight 

8 training routes over wilderness areas or wilderness 

9 additions designated by this subtitle. 

10 (h) LIVESTOCK.—Grazing of livestock and the main11 tenance of existing facilities relating to grazing in wilder12 ness areas or wilderness additions designated by this sub13 title, if established before the date of enactment of this 

14 Act, shall be permitted to continue in accordance with— 

15 (1) section 4(d)(4) of the Wilderness Act (16 

16 U.S.C. 1133(d)(4)); and 

17 (2) the guidelines set forth in Appendix A of 

18 the report of the Committee on Interior and Insular 

19 Affairs of the House of Representatives accom20 panying H.R. 2570 of the 101st Congress (H. Rept. 

21 101–405). 

22 (i) FISH AND WILDLIFE MANAGEMENT.— 

23 (1) IN GENERAL.—In furtherance of the pur24 poses of the Wilderness Act (16 U.S.C. 1131 et 

25 seq.), the Secretary may carry out management ac-
166 

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1 tivities to maintain or restore fish and wildlife popu2 lations and fish and wildlife habitats in wilderness 

3 areas or wilderness additions designated by this sub4 title if the activities are— 

5 (A) consistent with applicable wilderness 

6 management plans; and 

7 (B) carried out in accordance with applica8 ble guidelines and policies. 

9 (2) STATE JURISDICTION.—Nothing in this 

10 subtitle affects the jurisdiction of the State with re11 spect to fish and wildlife on public land located in 

12 the State. 

13 (j) HORSES.—Nothing in this subtitle precludes 

14 horseback riding in, or the entry of recreational or com15 mercial saddle or pack stock into, an area designated as 

16 wilderness or as a wilderness addition by this subtitle— 

17 (1) in accordance with section 4(d)(5) of the 

18 Wilderness Act (16 U.S.C. 1133(d)(5)); and 

19 (2) subject to any terms and conditions deter20 mined to be necessary by the Secretary. 

21 (k) OUTFITTER AND GUIDE USE.—Outfitter and 

22 guide activities conducted under permits issued by the 

23 Forest Service on the additions to the John Muir, Ansel 

24 Adams, and Hoover wilderness areas designated by this 

25 subtitle shall be in addition to any existing limits estab-
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1 lished for the John Muir, Ansel Adams, and Hoover wil2 derness areas. 

3 (l) TRANSFER TO THE FOREST SERVICE.— 

4 (1) WHITE MOUNTAINS WILDERNESS.—Admin5 istrative jurisdiction over the approximately 946 

6 acres of land identified as ‘‘Transfer of Administra7 tive Jurisdiction from BLM to FS’’ on the maps de8 scribed in section 1802(5)(B) is transferred from the 

9 Bureau of Land Management to the Forest Service 

10 to be managed as part of the White Mountains Wil11 derness. 

12 (2) JOHN MUIR WILDERNESS.—Administrative 

13 jurisdiction over the approximately 143 acres of land 

14 identified as ‘‘Transfer of Administrative Jurisdic15 tion from BLM to FS’’ on the maps described in 

16 section 1802(3)(B) is transferred from the Bureau 

17 of Land Management to the Forest Service to be 

18 managed as part of the John Muir Wilderness. 

19 (m) TRANSFER TO THE BUREAU OF LAND MANAGE20 MENT.—Administrative jurisdiction over the approxi21 mately 3,010 acres of land identified as ‘‘Land from FS 

22 to BLM’’ on the maps described in section 1802(6) is 

23 transferred from the Forest Service to the Bureau of Land 

24 Management to be managed as part of the Granite Moun25 tain Wilderness. 
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1 SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS. 

2 (a) FINDING.—Congress finds that, for purposes of 

3 section 603 of the Federal Land Policy and Management 

4 Act of 1976 (43 U.S.C. 1782), any portion of a wilderness 

5 study area described in subsection (b) that is not des6 ignated as a wilderness area or wilderness addition by this 

7 subtitle or any other Act enacted before the date of enact8 ment of this Act has been adequately studied for wilder9 ness. 

10 (b) DESCRIPTION OF STUDY AREAS.—The study 

11 areas referred to in subsection (a) are— 

12 (1) the Masonic Mountain Wilderness Study 

13 Area; 

14 (2) the Mormon Meadow Wilderness Study 

15 Area; 

16 (3) the Walford Springs Wilderness Study 

17 Area; and 

18 (4) the Granite Mountain Wilderness Study 

19 Area. 

20 (c) RELEASE.—Any portion of a wilderness study 

21 area described in subsection (b) that is not designated as 

22 a wilderness area or wilderness addition by this subtitle 

23 or any other Act enacted before the date of enactment of 

24 this Act shall not be subject to section 603(c) of the Fed25 eral Land Policy and Management Act of 1976 (43 U.S.C. 

26 1782(c)). 
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1 SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS. 

2 (a) IN GENERAL.—Section 3(a) of the Wild and Sce3 nic Rivers Act (16 U.S.C. 1274(a)) (as amended by sec4 tion 1504(a)) is amended by adding at the end the fol5 lowing: 

6 ‘‘(196) AMARGOSA RIVER, CALIFORNIA.—The 

7 following segments of the Amargosa River in the 

8 State of California, to be administered by the Sec9 retary of the Interior: 

10 ‘‘(A) The approximately 4.1-mile segment 

11 of the Amargosa River from the northern 

12 boundary of sec. 7, T. 21 N., R. 7 E., to 100 

13 feet upstream of the Tecopa Hot Springs road 

14 crossing, as a scenic river. 

15 ‘‘(B) The approximately 8-mile segment of 

16 the Amargosa River from 100 feet downstream 

17 of the Tecopa Hot Springs Road crossing to 

18 100 feet upstream of the Old Spanish Trail 

19 Highway crossing near Tecopa, as a scenic 

20 river. 

21 ‘‘(C) The approximately 7.9-mile segment 

22 of the Amargosa River from the northern 

23 boundary of sec. 16, T. 20 N., R. 7 E., to .25 

24 miles upstream of the confluence with Sperry 

25 Wash in sec. 10, T. 19 N., R. 7 E., as a wild 

26 river. 
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1 ‘‘(D) The approximately 4.9-mile segment 

2 of the Amargosa River from .25 miles upstream 

3 of the confluence with Sperry Wash in sec. 10, 

4 T. 19 N., R. 7 E. to 100 feet upstream of the 

5 Dumont Dunes access road crossing in sec. 32, 

6 T. 19 N., R. 7 E., as a recreational river. 

7 ‘‘(E) The approximately 1.4-mile segment 

8 of the Amargosa River from 100 feet down9 stream of the Dumont Dunes access road cross10 ing in sec. 32, T. 19 N., R. 7 E., as a rec11 reational river. 

12 ‘‘(197) OWENS RIVER HEADWATERS, CALI13 FORNIA.—The following segments of the Owens 

14 River in the State of California, to be administered 

15 by the Secretary of Agriculture: 

16 ‘‘(A) The 2.3-mile segment of Deadman 

17 Creek from the 2-forked source east of San 

18 Joaquin Peak to the confluence with the 

19 unnamed tributary flowing north into Deadman 

20 Creek from sec. 12, T. 3 S., R. 26 E., as a wild 

21 river. 

22 ‘‘(B) The 2.3-mile segment of Deadman 

23 Creek from the unnamed tributary confluence 

24 in sec. 12, T. 3 S., R. 26 E., to the Road 3S22 

25 crossing, as a scenic river. 
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1 ‘‘(C) The 4.1-mile segment of Deadman 

2 Creek from the Road 3S22 crossing to .25 

3 miles downstream of the Highway 395 crossing, 

4 as a recreational river. 

5 ‘‘(D) The 3-mile segment of Deadman 

6 Creek from .25 miles downstream of the High7 way 395 crossing to 100 feet upstream of Big 

8 Springs, as a scenic river. 

9 ‘‘(E) The 1-mile segment of the Upper 

10 Owens River from 100 feet upstream of Big 

11 Springs to the private property boundary in sec. 

12 19, T. 2 S., R. 28 E., as a recreational river. 

13 ‘‘(F) The 4-mile segment of Glass Creek 

14 from its 2-forked source to 100 feet upstream 

15 of the Glass Creek Meadow Trailhead parking 

16 area in sec. 29, T. 2 S., R.27 E., as a wild 

17 river. 

18 ‘‘(G) The 1.3-mile segment of Glass Creek 

19 from 100 feet upstream of the trailhead park20 ing area in sec. 29 to the end of Glass Creek 

21 Road in sec. 21, T. 2 S., R. 27 E., as a scenic 

22 river. 

23 ‘‘(H) The 1.1-mile segment of Glass Creek 

24 from the end of Glass Creek Road in sec. 21, 
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1 T. 2 S., R. 27 E., to the confluence with 

2 Deadman Creek, as a recreational river. 

3 ‘‘(198) COTTONWOOD CREEK, CALIFORNIA.— 

4 The following segments of Cottonwood Creek in the 

5 State of California: 

6 ‘‘(A) The 17.4-mile segment from its head7 waters at the spring in sec. 27, T 4 S., R. 34 

8 E., to the Inyo National Forest boundary at the 

9 east section line of sec 3, T. 6 S., R. 36 E., as 

10 a wild river to be administered by the Secretary 

11 of Agriculture. 

12 ‘‘(B) The 4.1-mile segment from the Inyo 

13 National Forest boundary to the northern 

14 boundary of sec. 5, T.4 S., R. 34 E., as a rec15 reational river, to be administered by the Sec16 retary of the Interior. 

17 ‘‘(199) PIRU CREEK, CALIFORNIA.—The fol18 lowing segments of Piru Creek in the State of Cali19 fornia, to be administered by the Secretary of Agri20 culture: 

21 ‘‘(A) The 3-mile segment of Piru Creek 

22 from 0.5 miles downstream of Pyramid Dam at 

23 the first bridge crossing to the boundary of the 

24 Sespe Wilderness, as a recreational river. 
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1 ‘‘(B) The 4.25-mile segment from the 

2 boundary of the Sespe Wilderness to the bound3 ary between Los Angeles and Ventura Counties, 

4 as a wild river.’’. 

5 (b) EFFECT.—The designation of Piru Creek under 

6 subsection (a) shall not affect valid rights in existence on 

7 the date of enactment of this Act. 

8 SEC. 1806. BRIDGEPORT WINTER RECREATION AREA. 

9 (a) DESIGNATION.—The approximately 7,254 acres 

10 of land in the Humboldt-Toiyabe National Forest identi11 fied as the ‘‘Bridgeport Winter Recreation Area’’, as gen12 erally depicted on the map entitled ‘‘Humboldt-Toiyabe 

13 National Forest Proposed Management’’ and dated Sep14 tember 17, 2008, is designated as the Bridgeport Winter 

15 Recreation Area. 

16 (b) MAP AND LEGAL DESCRIPTION.— 

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

18 the date of enactment of this Act, the Secretary 

19 shall file a map and legal description of the Recre20 ation Area with— 

21 (A) the Committee on Natural Resources 

22 of the House of Representatives; and 

23 (B) the Committee on Energy and Natural 

24 Resources of the Senate. 
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1 (2) FORCE OF LAW.—The map and legal de2 scription filed under paragraph (1) shall have the 

3 same force and effect as if included in this subtitle, 

4 except that the Secretary may correct any errors in 

5 the map and legal description. 

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

7 description filed under paragraph (1) shall be on file 

8 and available for public inspection in the appropriate 

9 offices of the Forest Service. 

10 (c) MANAGEMENT.— 

11 (1) INTERIM MANAGEMENT.—Until completion 

12 of the management plan required under subsection 

13 (d), and except as provided in paragraph (2), the 

14 Recreation Area shall be managed in accordance 

15 with the Toiyabe National Forest Land and Re16 source Management Plan of 1986 (as in effect on 

17 the day of enactment of this Act). 

18 (2) USE OF SNOWMOBILES.—The winter use of 

19 snowmobiles shall be allowed in the Recreation 

20 Area— 

21 (A) during periods of adequate snow cov22 erage during the winter season; and 

23 (B) subject to any terms and conditions 

24 determined to be necessary by the Secretary. 
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1 (d) MANAGEMENT PLAN.—To ensure the sound man2 agement and enforcement of the Recreation Area, the Sec3 retary shall, not later than 1 year after the date of enact4 ment of this Act, undergo a public process to develop a 

5 winter use management plan that provides for— 

6 (1) adequate signage; 

7 (2) a public education program on allowable 

8 usage areas; 

9 (3) measures to ensure adequate sanitation; 

10 (4) a monitoring and enforcement strategy; and 

11 (5) measures to ensure the protection of the 

12 Trail. 

13 (e) ENFORCEMENT.—The Secretary shall prioritize 

14 enforcement activities in the Recreation Area— 

15 (1) to prohibit degradation of natural resources 

16 in the Recreation Area; 

17 (2) to prevent interference with nonmotorized 

18 recreation on the Trail; and 

19 (3) to reduce user conflicts in the Recreation 

20 Area. 

21 (f) PACIFIC CREST NATIONAL SCENIC TRAIL.—The 

22 Secretary shall establish an appropriate snowmobile cross23 ing point along the Trail in the area identified as ‘‘Pacific 

24 Crest Trail Proposed Crossing Area’’ on the map entitled 
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1 ‘‘Humboldt-Toiyable National Forest Proposed Manage2 ment’’ and dated September 17, 2008— 

3 (1) in accordance with— 

4 (A) the National Trails System Act (16 

5 U.S.C. 1241 et seq.); and 

6 (B) any applicable environmental and pub7 lic safety laws; and 

8 (2) subject to the terms and conditions the Sec9 retary determines to be necessary to ensure that the 

10 crossing would not— 

11 (A) interfere with the nature and purposes 

12 of the Trail; or 

13 (B) harm the surrounding landscape. 

14 SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT15 TOIYABE NATIONAL FOREST. 

16 Certain land in the Humboldt-Toiyabe National For17 est, comprising approximately 3,690 acres identified as 

18 ‘‘Pickel Hill Management Area’’, as generally depicted on 

19 the map entitled ‘‘Humboldt-Toiyabe National Forest Pro20 posed Management’’ and dated September 17, 2008, shall 

21 be managed in a manner consistent with the non-Wilder22 ness forest areas immediately surrounding the Pickel Hill 

23 Management Area, including the allowance of snowmobile 

24 use. 
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1 SEC. 1808. ANCIENT BRISTLECONE PINE FOREST. 

2 (a) DESIGNATION.—To conserve and protect the An3 cient Bristlecone Pines by maintaining near-natural condi4 tions and to ensure the survival of the Pines for the pur5 poses of public enjoyment and scientific study, the ap6 proximately 31,700 acres of public land in the State, as 

7 generally depicted on the map entitled ‘‘Ancient 

8 Bristlecone Pine Forest—Proposed’’ and dated July 16, 

9 2008, is designated as the ‘‘Ancient Bristlecone Pine For10 est’’. 

11 (b) MAP AND LEGAL DESCRIPTION.— 

12 (1) IN GENERAL.—As soon as practicable, but 

13 not later than 3 years after the date of enactment 

14 of this Act, the Secretary shall file a map and legal 

15 description of the Forest with— 

16 (A) the Committee on Natural Resources 

17 of the House of Representatives; and 

18 (B) the Committee on Energy and Natural 

19 Resources of the Senate. 

20 (2) FORCE OF LAW.—The map and legal de21 scription filed under paragraph (1) shall have the 

22 same force and effect as if included in this subtitle, 

23 except that the Secretary may correct any errors in 

24 the map and legal description. 

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

26 description filed under paragraph (1) shall be on file 
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1 and available for public inspection in the appropriate 

2 offices of the Forest Service. 

3 (c) MANAGEMENT.— 

4 (1) IN GENERAL.—The Secretary shall admin5 ister the Forest— 

6 (A) in a manner that— 

7 (i) protect the resources and values of 

8 the area in accordance with the purposes 

9 for which the Forest is established, as de10 scribed in subsection (a); and 

11 (ii) promotes the objectives of the ap12 plicable management plan (as in effect on 

13 the date of enactment of this Act), includ14 ing objectives relating to— 

15 (I) the protection of bristlecone 

16 pines for public enjoyment and sci17 entific study; 

18 (II) the recognition of the botan19 ical, scenic, and historical values of 

20 the area; and 

21 (III) the maintenance of near22 natural conditions by ensuring that all 

23 activities are subordinate to the needs 

24 of protecting and preserving 
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1 bristlecone pines and wood remnants; 

2 and 

3 (B) in accordance with the National Forest 

4 Management Act of 1976 (16 U.S.C. 1600 et 

5 seq.), this section, and any other applicable 

6 laws. 

7 (2) USES.— 

8 (A) IN GENERAL.—The Secretary shall 

9 allow only such uses of the Forest as the Sec10 retary determines would further the purposes 

11 for which the Forest is established, as described 

12 in subsection (a). 

13 (B) SCIENTIFIC RESEARCH.—Scientific re14 search shall be allowed in the Forest in accord15 ance with the Inyo National Forest Land and 

16 Resource Management Plan (as in effect on the 

17 date of enactment of this Act). 

18 (3) WITHDRAWAL.—Subject to valid existing 

19 rights, all Federal land within the Forest is with20 drawn from— 

21 (A) all forms of entry, appropriation or 

22 disposal under the public land laws; 

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

24 mining laws; and 
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1 (C) disposition under all laws relating to 

2 mineral and geothermal leasing or mineral ma3 terials. 

4 Subtitle L—Riverside County 

5 Wilderness, California 

6 SEC. 1851. WILDERNESS DESIGNATION. 

7 (a) DEFINITION OF SECRETARY.—In this section, the 

8 term ‘‘Secretary’’ means— 

9 (1) with respect to land under the jurisdiction 

10 of the Secretary of Agriculture, the Secretary of Ag11 riculture; and 

12 (2) with respect to land under the jurisdiction 

13 of the Secretary of the Interior, the Secretary of the 

14 Interior. 

15 (b) DESIGNATION OF WILDERNESS, CLEVELAND AND

16 SAN BERNARDINO NATIONAL FORESTS, JOSHUA TREE

17 NATIONAL PARK, AND BUREAU OF LAND MANAGEMENT

18 LAND IN RIVERSIDE COUNTY, CALIFORNIA.— 

19 (1) DESIGNATIONS.— 

20 (A) AGUA TIBIA WILDERNESS ADDI21 TIONS.—In accordance with the Wilderness Act 

22 (16 U.S.C. 1131 et seq.), certain land in the 

23 Cleveland National Forest and certain land ad24 ministered by the Bureau of Land Management 

25 in Riverside County, California, together com-
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1 prising approximately 2,053 acres, as generally 

2 depicted on the map titled ‘‘Proposed Addition 

3 to Agua Tibia Wilderness’’, and dated May 9, 

4 2008, is designated as wilderness and is incor5 porated in, and shall be deemed to be a part of, 

6 the Agua Tibia Wilderness designated by sec7 tion 2(a) of Public Law 93–632 (88 Stat. 2154; 

8 16 U.S.C. 1132 note). 

9 (B) CAHUILLA MOUNTAIN WILDERNESS.— 

10 In accordance with the Wilderness Act (16 

11 U.S.C. 1131 et seq.), certain land in the San 

12 Bernardino National Forest, California, com13 prising approximately 5,585 acres, as generally 

14 depicted on the map titled ‘‘Cahuilla Mountain 

15 Proposed Wilderness’’, and dated May 1, 2008, 

16 is designated as wilderness and, therefore, as a 

17 component of the National Wilderness Preser18 vation System, which shall be known as the 

19 ‘‘Cahuilla Mountain Wilderness’’. 

20 (C) SOUTH FORK SAN JACINTO WILDER21 NESS.—In accordance with the Wilderness Act 

22 (16 U.S.C. 1131 et seq.), certain land in the 

23 San Bernardino National Forest, California, 

24 comprising approximately 20,217 acres, as gen25 erally depicted on the map titled ‘‘South Fork 
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1 San Jacinto Proposed Wilderness’’, and dated 

2 May 1, 2008, is designated as wilderness and, 

3 therefore, as a component of the National Wil4 derness Preservation System, which shall be 

5 known as the ‘‘South Fork San Jacinto Wilder6 ness’’. 

7 (D) SANTA ROSA WILDERNESS ADDI8 TIONS.—In accordance with the Wilderness Act 

9 (16 U.S.C. 1131 et seq.), certain land in the 

10 San Bernardino National Forest, California, 

11 and certain land administered by the Bureau of 

12 Land Management in Riverside County, Cali13 fornia, comprising approximately 2,149 acres, 

14 as generally depicted on the map titled ‘‘Santa 

15 Rosa-San Jacinto National Monument Expan16 sion and Santa Rosa Wilderness Addition’’, and 

17 dated March 12, 2008, is designated as wilder18 ness and is incorporated in, and shall be 

19 deemed to be a part of, the Santa Rosa Wilder20 ness designated by section 101(a)(28) of Public 

21 Law 98–425 (98 Stat. 1623; 16 U.S.C. 1132 

22 note) and expanded by paragraph (59) of sec23 tion 102 of Public Law 103–433 (108 Stat. 

24 4472; 16 U.S.C. 1132 note). 
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1 (E) BEAUTY MOUNTAIN WILDERNESS.—In 

2 accordance with the Wilderness Act (16 U.S.C. 

3 1131 et seq.), certain land administered by the 

4 Bureau of Land Management in Riverside 

5 County, California, comprising approximately 

6 15,621 acres, as generally depicted on the map 

7 titled ‘‘Beauty Mountain Proposed Wilderness’’, 

8 and dated April 3, 2007, is designated as wil9 derness and, therefore, as a component of the 

10 National Wilderness Preservation System, 

11 which shall be known as the ‘‘Beauty Mountain 

12 Wilderness’’. 

13 (F) JOSHUA TREE NATIONAL PARK WIL14 DERNESS ADDITIONS.—In accordance with the 

15 Wilderness Act (16 U.S.C. 1131 et seq.), cer16 tain land in Joshua Tree National Park, com17 prising approximately 36,700 acres, as gen18 erally depicted on the map numbered 156/ 

19 80,055, and titled ‘‘Joshua Tree National Park 

20 Proposed Wilderness Additions’’, and dated 

21 March 2008, is designated as wilderness and is 

22 incorporated in, and shall be deemed to be a 

23 part of, the Joshua Tree Wilderness designated 

24 by section 1(g) of Public Law 94–567 (90 Stat. 

25 2692; 16 U.S.C. 1132 note). 
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1 (G) OROCOPIA MOUNTAINS WILDERNESS

2 ADDITIONS.—In accordance with the Wilderness 

3 Act (16 U.S.C. 1131 et seq.), certain land ad4 ministered by the Bureau of Land Management 

5 in Riverside County, California, comprising ap6 proximately 4,635 acres, as generally depicted 

7 on the map titled ‘‘Orocopia Mountains Pro8 posed Wilderness Addition’’, and dated May 8, 

9 2008, is designated as wilderness and is incor10 porated in, and shall be deemed to be a part of, 

11 the Orocopia Mountains Wilderness as des12 ignated by paragraph (44) of section 102 of 

13 Public Law 103–433 (108 Stat. 4472; 16 

14 U.S.C. 1132 note), except that the wilderness 

15 boundaries established by this subsection in 

16 Township 7 South, Range 13 East, exclude— 

17 (i) a corridor 250 feet north of the 

18 centerline of the Bradshaw Trail; 

19 (ii) a corridor 250 feet from both 

20 sides of the centerline of the vehicle route 

21 in the unnamed wash that flows between 

22 the Eagle Mountain Railroad on the south 

23 and the existing Orocopia Mountains Wil24 derness boundary; and 
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1 (iii) a corridor 250 feet from both 

2 sides of the centerline of the vehicle route 

3 in the unnamed wash that flows between 

4 the Chocolate Mountain Aerial Gunnery 

5 Range on the south and the existing 

6 Orocopia Mountains Wilderness boundary. 

7 (H) PALEN/MCCOY WILDERNESS ADDI8 TIONS.—In accordance with the Wilderness Act 

9 (16 U.S.C. 1131 et seq.), certain land adminis10 tered by the Bureau of Land Management in 

11 Riverside County, California, comprising ap12 proximately 22,645 acres, as generally depicted 

13 on the map titled ‘‘Palen-McCoy Proposed Wil14 derness Additions’’, and dated May 8, 2008, is 

15 designated as wilderness and is incorporated in, 

16 and shall be deemed to be a part of, the Palen/ 

17 McCoy Wilderness as designated by paragraph 

18 (47) of section 102 of Public Law 103–433 

19 (108 Stat. 4472; 16 U.S.C. 1132 note). 

20 (I) PINTO MOUNTAINS WILDERNESS.—In 

21 accordance with the Wilderness Act (16 U.S.C. 

22 1131 et seq.), certain land administered by the 

23 Bureau of Land Management in Riverside 

24 County, California, comprising approximately 

25 24,404 acres, as generally depicted on the map 
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1 titled ‘‘Pinto Mountains Proposed Wilderness’’, 

2 and dated February 21, 2008, is designated as 

3 wilderness and, therefore, as a component of 

4 the National Wilderness Preservation System, 

5 which shall be known as the ‘‘Pinto Mountains 

6 Wilderness’’. 

7 (J) CHUCKWALLA MOUNTAINS WILDER8 NESS ADDITIONS.—In accordance with the Wil9 derness Act (16 U.S.C. 1131 et seq.), certain 

10 land administered by the Bureau of Land Man11 agement in Riverside County, California, com12 prising approximately 12,815 acres, as gen13 erally depicted on the map titled ‘‘Chuckwalla 

14 Mountains Proposed Wilderness Addition’’, and 

15 dated May 8, 2008, is designated as wilderness 

16 and is incorporated in, and shall be deemed to 

17 be a part of the Chuckwalla Mountains Wilder18 ness as designated by paragraph (12) of section 

19 102 of Public Law 103–433 (108 Stat. 4472; 

20 16 U.S.C. 1132 note). 

21 (2) MAPS AND DESCRIPTIONS.— 

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

23 after the date of the enactment of this Act, the 

24 Secretary shall file a map and legal description 

25 of each wilderness area and wilderness addition 
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1 designated by this section with the Committee 

2 on Natural Resources of the House of Rep3 resentatives and the Committee on Energy and 

4 Natural Resources of the Senate. 

5 (B) FORCE OF LAW.—A map and legal de6 scription filed under subparagraph (A) shall 

7 have the same force and effect as if included in 

8 this section, except that the Secretary may cor9 rect errors in the map and legal description. 

10 (C) PUBLIC AVAILABILITY.—Each map 

11 and legal description filed under subparagraph 

12 (A) shall be filed and made available for public 

13 inspection in the appropriate office of the Sec14 retary. 

15 (3) UTILITY FACILITIES.—Nothing in this sec16 tion prohibits the construction, operation, or mainte17 nance, using standard industry practices, of existing 

18 utility facilities located outside of the wilderness 

19 areas and wilderness additions designated by this 

20 section. 

21 (c) JOSHUA TREE NATIONAL PARK POTENTIAL WIL22 DERNESS.— 

23 (1) DESIGNATION OF POTENTIAL WILDER24 NESS.—Certain land in the Joshua Tree National 

25 Park, comprising approximately 43,300 acres, as 
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1 generally depicted on the map numbered 156/ 

2 80,055, and titled ‘‘Joshua Tree National Park Pro3 posed Wilderness Additions’’, and dated March 

4 2008, is designated potential wilderness and shall be 

5 managed by the Secretary of the Interior insofar as 

6 practicable as wilderness until such time as the land 

7 is designated as wilderness pursuant to paragraph 

8 (2). 

9 (2) DESIGNATION AS WILDERNESS.—The land 

10 designated potential wilderness by paragraph (1) 

11 shall be designated as wilderness and incorporated 

12 in, and be deemed to be a part of, the Joshua Tree 

13 Wilderness designated by section 1(g) of Public Law 

14 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note), effec15 tive upon publication by the Secretary of the Interior 

16 in the Federal Register of a notice that— 

17 (A) all uses of the land within the potential 

18 wilderness prohibited by the Wilderness Act (16 

19 U.S.C. 1131 et seq.) have ceased; and 

20 (B) sufficient inholdings within the bound21 aries of the potential wilderness have been ac22 quired to establish a manageable wilderness 

23 unit. 

24 (3) MAP AND DESCRIPTION.— 
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1 (A) IN GENERAL.—As soon as practicable 

2 after the date on which the notice required by 

3 paragraph (2) is published in the Federal Reg4 ister, the Secretary shall file a map and legal 

5 description of the land designated as wilderness 

6 and potential wilderness by this section with the 

7 Committee on Natural Resources of the House 

8 of Representatives and the Committee on En9 ergy and Natural Resources of the Senate. 

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

11 description filed under subparagraph (A) shall 

12 have the same force and effect as if included in 

13 this section, except that the Secretary may cor14 rect errors in the map and legal description. 

15 (C) PUBLIC AVAILABILITY.—Each map 

16 and legal description filed under subparagraph 

17 (A) shall be filed and made available for public 

18 inspection in the appropriate office of the Sec19 retary. 

20 (d) ADMINISTRATION OF WILDERNESS.— 

21 (1) MANAGEMENT.—Subject to valid existing 

22 rights, the land designated as wilderness or as a wil23 derness addition by this section shall be adminis24 tered by the Secretary in accordance with the Wil25 derness Act (16 U.S.C. 1131 et seq.), except that— 
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1 (A) any reference in that Act to the effec2 tive date of that Act shall be deemed to be a 

3 reference to— 

4 (i) the date of the enactment of this 

5 Act; or 

6 (ii) in the case of the wilderness addi7 tion designated by subsection (c), the date 

8 on which the notice required by such sub9 section is published in the Federal Reg10 ister; and 

11 (B) any reference in that Act to the Sec12 retary of Agriculture shall be deemed to be a 

13 reference to the Secretary that has jurisdiction 

14 over the land. 

15 (2) INCORPORATION OF ACQUIRED LAND AND

16 INTERESTS.—Any land within the boundaries of a 

17 wilderness area or wilderness addition designated by 

18 this section that is acquired by the United States 

19 shall— 

20 (A) become part of the wilderness area in 

21 which the land is located; and 

22 (B) be managed in accordance with this 

23 section, the Wilderness Act (16 U.S.C. 1131 et 

24 seq.), and any other applicable law. 
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1 (3) WITHDRAWAL.—Subject to valid rights in 

2 existence on the date of enactment of this Act, the 

3 land designated as wilderness by this section is with4 drawn from all forms of— 

5 (A) entry, appropriation, or disposal under 

6 the public land laws; 

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

8 mining laws; and 

9 (C) disposition under all laws pertaining to 

10 mineral and geothermal leasing or mineral ma11 terials. 

12 (4) FIRE MANAGEMENT AND RELATED ACTIVI13 TIES.— 

14 (A) IN GENERAL.—The Secretary may 

15 take such measures in a wilderness area or wil16 derness addition designated by this section as 

17 are necessary for the control of fire, insects, 

18 and diseases in accordance with section 4(d)(1) 

19 of the Wilderness Act (16 U.S.C. 1133(d)(1)) 

20 and House Report 98–40 of the 98th Congress. 

21 (B) FUNDING PRIORITIES.—Nothing in 

22 this section limits funding for fire and fuels 

23 management in the wilderness areas and wilder24 ness additions designated by this section. 
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1 (C) REVISION AND DEVELOPMENT OF

2 LOCAL FIRE MANAGEMENT PLANS.—As soon as 

3 practicable after the date of enactment of this 

4 Act, the Secretary shall amend the local fire 

5 management plans that apply to the land des6 ignated as a wilderness area or wilderness addi7 tion by this section. 

8 (D) ADMINISTRATION.—Consistent with 

9 subparagraph (A) and other applicable Federal 

10 law, to ensure a timely and efficient response to 

11 fire emergencies in the wilderness areas and 

12 wilderness additions designated by this section, 

13 the Secretary shall— 

14 (i) not later than 1 year after the date 

15 of enactment of this Act, establish agency 

16 approval procedures (including appropriate 

17 delegations of authority to the Forest Su18 pervisor, District Manager, or other agency 

19 officials) for responding to fire emer20 gencies; and 

21 (ii) enter into agreements with appro22 priate State or local firefighting agencies. 

23 (5) GRAZING.—Grazing of livestock in a wilder24 ness area or wilderness addition designated by this 

25 section shall be administered in accordance with the 
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1 provisions of section 4(d)(4) of the Wilderness Act 

2 (16 U.S.C. 1133(d)(4)) and the guidelines set forth 

3 in House Report 96–617 to accompany H.R. 5487 

4 of the 96th Congress. 

5 (6) NATIVE AMERICAN USES AND INTERESTS.— 

6 (A) ACCESS AND USE.—To the extent 

7 practicable, the Secretary shall ensure access to 

8 the Cahuilla Mountain Wilderness by members 

9 of an Indian tribe for traditional cultural pur10 poses. In implementing this paragraph, the Sec11 retary, upon the request of an Indian tribe, 

12 may temporarily close to the general public use 

13 of one or more specific portions of the wilder14 ness area in order to protect the privacy of tra15 ditional cultural activities in such areas by 

16 members of the Indian tribe. Any such closure 

17 shall be made to affect the smallest practicable 

18 area for the minimum period necessary for such 

19 purposes. Such access shall be consistent with 

20 the purpose and intent of Public Law 95–341 

21 (42 U.S.C. 1996), commonly referred to as the 

22 American Indian Religious Freedom Act, and 

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

24 (B) INDIAN TRIBE DEFINED.—In this 

25 paragraph, the term ‘‘Indian tribe’’ means any 
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1 Indian tribe, band, nation, or other organized 

2 group or community of Indians which is recog3 nized as eligible by the Secretary of the Interior 

4 for the special programs and services provided 

5 by the United States to Indians because of their 

6 status as Indians. 

7 (7) MILITARY ACTIVITIES.—Nothing in this sec8 tion precludes— 

9 (A) low-level overflights of military aircraft 

10 over the wilderness areas or wilderness addi11 tions designated by this section; 

12 (B) the designation of new units of special 

13 airspace over the wilderness areas or wilderness 

14 additions designated by this section; or 

15 (C) the use or establishment of military 

16 flight training routes over wilderness areas or 

17 wilderness additions designated by this section. 

18 SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVER19 SIDE COUNTY, CALIFORNIA. 

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

21 U.S.C. 1274(a)) (as amended by section 1805) is amended 

22 by adding at the end the following new paragraphs: 

23 ‘‘(200) NORTH FORK SAN JACINTO RIVER, CALI24 FORNIA.—The following segments of the North Fork San 
195 

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1 Jacinto River in the State of California, to be adminis2 tered by the Secretary of Agriculture: 

3 ‘‘(A) The 2.12-mile segment from the source of 

4 the North Fork San Jacinto River at Deer Springs 

5 in Mt. San Jacinto State Park to the State Park 

6 boundary, as a wild river. 

7 ‘‘(B) The 1.66-mile segment from the Mt. San 

8 Jacinto State Park boundary to the Lawler Park 

9 boundary in section 26, township 4 south, range 2 

10 east, San Bernardino meridian, as a scenic river. 

11 ‘‘(C) The 0.68-mile segment from the Lawler 

12 Park boundary to its confluence with Fuller Mill 

13 Creek, as a recreational river. 

14 ‘‘(D) The 2.15-mile segment from its confluence 

15 with Fuller Mill Creek to .25 miles upstream of the 

16 5S09 road crossing, as a wild river. 

17 ‘‘(E) The 0.6-mile segment from .25 miles up18 stream of the 5S09 road crossing to its confluence 

19 with Stone Creek, as a scenic river. 

20 ‘‘(F) The 2.91-mile segment from the Stone 

21 Creek confluence to the northern boundary of sec22 tion 17, township 5 south, range 2 east, San 

23 Bernardino meridian, as a wild river. 

24 ‘‘(201) FULLER MILL CREEK, CALIFORNIA.—The 

25 following segments of Fuller Mill Creek in the State of 
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1 California, to be administered by the Secretary of Agri2 culture: 

3 ‘‘(A) The 1.2-mile segment from the source of 

4 Fuller Mill Creek in the San Jacinto Wilderness to 

5 the Pinewood property boundary in section 13, town6 ship 4 south, range 2 east, San Bernardino merid7 ian, as a scenic river. 

8 ‘‘(B) The 0.9-mile segment in the Pine Wood 

9 property, as a recreational river. 

10 ‘‘(C) The 1.4-mile segment from the Pinewood 

11 property boundary in section 23, township 4 south, 

12 range 2 east, San Bernardino meridian, to its con13 fluence with the North Fork San Jacinto River, as 

14 a scenic river. 

15 ‘‘(202) PALM CANYON CREEK, CALIFORNIA.—The 

16 8.1-mile segment of Palm Canyon Creek in the State of 

17 California from the southern boundary of section 6, town18 ship 7 south, range 5 east, San Bernardino meridian, to 

19 the San Bernardino National Forest boundary in section 

20 1, township 6 south, range 4 east, San Bernardino merid21 ian, to be administered by the Secretary of Agriculture 

22 as a wild river, and the Secretary shall enter into a cooper23 ative management agreement with the Agua Caliente 

24 Band of Cahuilla Indians to protect and enhance river val25 ues. 
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1 ‘‘(203) BAUTISTA CREEK, CALIFORNIA.—The 9.8- 

2 mile segment of Bautista Creek in the State of California 

3 from the San Bernardino National Forest boundary in 

4 section 36, township 6 south, range 2 east, San 

5 Bernardino meridian, to the San Bernardino National 

6 Forest boundary in section 2, township 6 south, range 1 

7 east, San Bernardino meridian, to be administered by the 

8 Secretary of Agriculture as a recreational river.’’. 

9 SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO 

10 SANTA ROSA AND SAN JACINTO MOUNTAINS 

11 NATIONAL MONUMENT. 

12 (a) BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN

13 JACINTO MOUNTAINS NATIONAL MONUMENT.—Section 2 

14 of the Santa Rosa and San Jacinto Mountains National 

15 Monument Act of 2000 (Public Law 106–351; 114 U.S.C. 

16 1362; 16 U.S.C. 431 note) is amended by adding at the 

17 end the following new subsection: 

18 ‘‘(e) EXPANSION OF BOUNDARIES.—In addition to 

19 the land described in subsection (c), the boundaries of the 

20 National Monument shall include the following lands iden21 tified as additions to the National Monument on the map 

22 titled ‘Santa Rosa-San Jacinto National Monument Ex23 pansion and Santa Rosa Wilderness Addition’, and dated 

24 March 12, 2008: 
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1 ‘‘(1) The ‘Santa Rosa Peak Area Monument 

2 Expansion’. 

3 ‘‘(2) The ‘Snow Creek Area Monument Expan4 sion’. 

5 ‘‘(3) The ‘Tahquitz Peak Area Monument Ex6 pansion’. 

7 ‘‘(4) The ‘Southeast Area Monument Expan8 sion’, which is designated as wilderness in section 

9 512(d), and is thus incorporated into, and shall be 

10 deemed part of, the Santa Rosa Wilderness.’’. 

11 (b) TECHNICAL AMENDMENTS TO THE SANTA ROSA

12 AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT

13 ACT OF 2000.—Section 7(d) of the Santa Rosa and San 

14 Jacinto Mountains National Monument Act of 2000 (Pub15 lic Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) 

16 is amended by striking ‘‘eight’’ and inserting ‘‘a majority 

17 of the appointed’’. 

18 Subtitle M—Sequoia and Kings 

19 Canyon National Parks Wilder20 ness, California 

21 SEC. 1901. DEFINITIONS. 

22 In this subtitle: 

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

24 the Secretary of the Interior. 
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1 (2) STATE.—The term ‘‘State’’ means the State 

2 of California. 

3 SEC. 1902. DESIGNATION OF WILDERNESS AREAS. 

4 In accordance with the Wilderness Act (16 U.S.C. 

5 1131 et seq.), the following areas in the State are des6 ignated as wilderness areas and as components of the Na7 tional Wilderness Preservation System: 

8 (1) JOHN KREBS WILDERNESS.— 

9 (A) DESIGNATION.—Certain land in Se10 quoia and Kings Canyon National Parks, com11 prising approximately 39,740 acres of land, and 

12 130 acres of potential wilderness additions as 

13 generally depicted on the map numbered 102/ 

14 60014b, titled ‘‘John Krebs Wilderness’’, and 

15 dated September 16, 2008. 

16 (B) EFFECT.—Nothing in this paragraph 

17 affects— 

18 (i) the cabins in, and adjacent to, 

19 Mineral King Valley; or 

20 (ii) the private inholdings known as 

21 ‘‘Silver City’’ and ‘‘Kaweah Han’’. 

22 (C) POTENTIAL WILDERNESS ADDI23 TIONS.—The designation of the potential wil24 derness additions under subparagraph (A) shall 

25 not prohibit the operation, maintenance, and re-
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1 pair of the small check dams and water im2 poundments on Lower Franklin Lake, Crystal 

3 Lake, Upper Monarch Lake, and Eagle Lake. 

4 The Secretary is authorized to allow the use of 

5 helicopters for the operation, maintenance, and 

6 repair of the small check dams and water im7 poundments on Lower Franklin Lake, Crystal 

8 Lake, Upper Monarch Lake, and Eagle Lake. 

9 The potential wilderness additions shall be des10 ignated as wilderness and incorporated into the 

11 John Krebs Wilderness established by this sec12 tion upon termination of the non-conforming 

13 uses. 

14 (2) SEQUOIA-KINGS CANYON WILDERNESS AD15 DITION.—Certain land in Sequoia and Kings Canyon 

16 National Parks, California, comprising approxi17 mately 45,186 acres as generally depicted on the 

18 map titled ‘‘Sequoia-Kings Canyon Wilderness Addi19 tion’’, numbered 102/60015a, and dated March 10, 

20 2008, is incorporated in, and shall be considered to 

21 be a part of, the Sequoia-Kings Canyon Wilderness. 

22 (3) RECOMMENDED WILDERNESS.—Land in Se23 quoia and Kings Canyon National Parks that was 

24 managed as of the date of enactment of this Act as 

25 recommended or proposed wilderness but not des-
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1 ignated by this section as wilderness shall continue 

2 to be managed as recommended or proposed wilder3 ness, as appropriate. 

4 SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS. 

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

6 each area designated as wilderness by this subtitle shall 

7 be administered by the Secretary in accordance with the 

8 Wilderness Act (16 U.S.C. 1131 et seq.), except that any 

9 reference in the Wilderness Act to the effective date of 

10 the Wilderness Act shall be considered to be a reference 

11 to the date of enactment of this Act. 

12 (b) MAP AND LEGAL DESCRIPTION.— 

13 (1) SUBMISSION OF MAP AND LEGAL DESCRIP14 TION.—As soon as practicable, but not later than 3 

15 years, after the date of enactment of this Act, the 

16 Secretary shall file a map and legal description of 

17 each area designated as wilderness by this subtitle 

18 with— 

19 (A) the Committee on Energy and Natural 

20 Resources of the Senate; and 

21 (B) the Committee on Natural Resources 

22 of the House of Representatives. 

23 (2) FORCE AND EFFECT.—The map and legal 

24 description filed under paragraph (1) shall have the 

25 same force and effect as if included in this subtitle, 
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1 except that the Secretary may correct any clerical or 

2 typographical error in the map or legal description. 

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

4 description filed under paragraph (1) shall be on file 

5 and available for public inspection in the Office of 

6 the Secretary. 

7 (c) HYDROLOGIC, METEOROLOGIC, AND CLIMATO8 LOGICAL DEVICES, FACILITIES, AND ASSOCIATED EQUIP9 MENT.—The Secretary shall continue to manage mainte10 nance and access to hydrologic, meteorologic, and climato11 logical devices, facilities and associated equipment con12 sistent with House Report 98–40. 

13 (d) AUTHORIZED ACTIVITIES OUTSIDE WILDER14 NESS.—Nothing in this subtitle precludes authorized ac15 tivities conducted outside of an area designated as wilder16 ness by this subtitle by cabin owners (or designees) in the 

17 Mineral King Valley area or property owners or lessees 

18 (or designees) in the Silver City inholding, as identified 

19 on the map described in section 1902(1)(A). 

20 (e) HORSEBACK RIDING.—Nothing in this subtitle 

21 precludes horseback riding in, or the entry of recreational 

22 or commercial saddle or pack stock into, an area des23 ignated as wilderness by this subtitle— 

24 (1) in accordance with section 4(d)(5) of the 

25 Wilderness Act (16 U.S.C. 1133(d)(5)); and 
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1 (2) subject to any terms and conditions deter2 mined to be necessary by the Secretary. 

3 SEC. 1904. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this subtitle. 

6 Subtitle N—Rocky Mountain Na7 tional Park Wilderness, Colo8 rado 

9 SEC. 1951. DEFINITIONS. 

10 In this subtitle: 

11 (1) MAP.—The term ‘‘map’’ means the map en12 titled ‘‘Rocky Mountain National Park Wilderness 

13 Act of 2007’’ and dated September 2006. 

14 (2) PARK.—The term ‘‘Park’’ means Rocky 

15 Mountain National Park located in the State of Col16 orado. 

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

18 the Secretary of the Interior. 

19 (4) TRAIL.—The term ‘‘Trail’’ means the East 

20 Shore Trail established under section 1954(a). 

21 (5) WILDERNESS.—The term ‘‘Wilderness’’ 

22 means the wilderness designated by section 1952(a). 
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1 SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDER2 NESS, COLORADO. 

3 (a) DESIGNATION.—In furtherance of the purposes of 

4 the Wilderness Act (16 U.S.C. 1131 et seq.), there is des5 ignated as wilderness and as a component of the National 

6 Wilderness Preservation System approximately 249,339 

7 acres of land in the Park, as generally depicted on the 

8 map. 

9 (b) MAP AND BOUNDARY DESCRIPTION.— 

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

11 the date of enactment of this Act, the Secretary 

12 shall— 

13 (A) prepare a map and boundary descrip14 tion of the Wilderness; and 

15 (B) submit the map and boundary descrip16 tion prepared under subparagraph (A) to the 

17 Committee on Energy and Natural Resources of 

18 the Senate and the Committee on Natural Re19 sources of the House of Representatives. 

20 (2) AVAILABILITY; FORCE OF LAW.—The map 

21 and boundary description submitted under para22 graph (1)(B) shall— 

23 (A) be on file and available for public in24 spection in appropriate offices of the National 

25 Park Service; and 
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1 (B) have the same force and effect as if in2 cluded in this subtitle. 

3 (c) INCLUSION OF POTENTIAL WILDERNESS.— 

4 (1) IN GENERAL.—On publication in the Fed5 eral Register of a notice by the Secretary that all 

6 uses inconsistent with the Wilderness Act (16 U.S.C. 

7 1131 et seq.) have ceased on the land identified on 

8 the map as a ‘‘Potential Wilderness Area’’, the land 

9 shall be— 

10 (A) included in the Wilderness; and 

11 (B) administered in accordance with sub12 section (e). 

13 (2) BOUNDARY DESCRIPTION.—On inclusion in 

14 the Wilderness of the land referred to in paragraph 

15 (1), the Secretary shall modify the map and bound16 ary description submitted under subsection (b) to re17 flect the inclusion of the land. 

18 (d) EXCLUSION OF CERTAIN LAND.—The following 

19 areas are specifically excluded from the Wilderness: 

20 (1) The Grand River Ditch (including the main 

21 canal of the Grand River Ditch and a branch of the 

22 main canal known as the Specimen Ditch), the 

23 right-of-way for the Grand River Ditch, land 200 

24 feet on each side of the center line of the Grand 

25 River Ditch, and any associated appurtenances, 
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1 structures, buildings, camps, and work sites in exist2 ence as of June 1, 1998. 

3 (2) Land owned by the St. Vrain & Left Hand 

4 Water Conservancy District, including Copeland 

5 Reservoir and the Inlet Ditch to the Reservoir from 

6 North St. Vrain Creek, comprising approximately 

7 35.38 acres. 

8 (3) Land owned by the Wincenstsen-Harms 

9 Trust, comprising approximately 2.75 acres. 

10 (4) Land within the area depicted on the map 

11 as the ‘‘East Shore Trail Area’’. 

12 (e) ADMINISTRATION.—Subject to valid existing 

13 rights, any land designated as wilderness under this sec14 tion or added to the Wilderness after the date of enact15 ment of this Act under subsection (c) shall be adminis16 tered by the Secretary in accordance with this subtitle and 

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

18 that— 

19 (1) any reference in the Wilderness Act (16 

20 U.S.C. 1131 et seq.) to the effective date of that Act 

21 shall be considered to be a reference to the date of 

22 enactment of this Act, or the date on which the ad23 ditional land is added to the Wilderness, respec24 tively; and 
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1 (2) any reference in the Wilderness Act (16 

2 U.S.C. 1131 et seq.) to the Secretary of Agriculture 

3 shall be considered to be a reference to the Sec4 retary. 

5 (f) WATER RIGHTS.— 

6 (1) FINDINGS.—Congress finds that— 

7 (A) the United States has existing rights 

8 to water within the Park; 

9 (B) the existing water rights are sufficient 

10 for the purposes of the Wilderness; and 

11 (C) based on the findings described in sub12 paragraphs (A) and (B), there is no need for 

13 the United States to reserve or appropriate any 

14 additional water rights to fulfill the purposes of 

15 the Wilderness. 

16 (2) EFFECT.—Nothing in this subtitle— 

17 (A) constitutes an express or implied res18 ervation by the United States of water or water 

19 rights for any purpose; or 

20 (B) modifies or otherwise affects any exist21 ing water rights held by the United States for 

22 the Park. 

23 (g) FIRE, INSECT, AND DISEASE CONTROL.—The 

24 Secretary may take such measures in the Wilderness as 
208 

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1 are necessary to control fire, insects, and diseases, as are 

2 provided for in accordance with— 

3 (1) the laws applicable to the Park; and 

4 (2) the Wilderness Act (16 U.S.C. 1131 et 

5 seq.). 

6 SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG 

7 THOMPSON PROJECTS. 

8 (a) CONDITIONAL WAIVER OF STRICT LIABILITY.— 

9 During any period in which the Water Supply and Storage 

10 Company (or any successor in interest to the company 

11 with respect to the Grand River Ditch) operates and main12 tains the portion of the Grand River Ditch in the Park 

13 in compliance with an operations and maintenance agree14 ment between the Water Supply and Storage Company 

15 and the National Park Service, the provisions of para16 graph (6) of the stipulation approved June 28, 1907— 

17 (1) shall be suspended; and 

18 (2) shall not be enforceable against the Com19 pany (or any successor in interest). 

20 (b) AGREEMENT.—The agreement referred to in sub21 section (a) shall— 

22 (1) ensure that— 

23 (A) Park resources are managed in accord24 ance with the laws generally applicable to the 

25 Park, including— 
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1 (i) the Act of January 26, 1915 (16 

2 U.S.C. 191 et seq.); and 

3 (ii) the National Park Service Organic 

4 Act (16 U.S.C. 1 et seq.); 

5 (B) Park land outside the right-of-way cor6 ridor remains unimpaired consistent with the 

7 National Park Service management policies in 

8 effect as of the date of enactment of this Act; 

9 and 

10 (C) any use of Park land outside the right11 of-way corridor (as of the date of enactment of 

12 this Act) shall be permitted only on a tem13 porary basis, subject to such terms and condi14 tions as the Secretary determines to be nec15 essary; and 

16 (2) include stipulations with respect to— 

17 (A) flow monitoring and early warning 

18 measures; 

19 (B) annual and periodic inspections; 

20 (C) an annual maintenance plan; 

21 (D) measures to identify on an annual 

22 basis capital improvement needs; and 

23 (E) the development of plans to address 

24 the needs identified under subparagraph (D). 
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1 (c) LIMITATION.—Nothing in this section limits or 

2 otherwise affects— 

3 (1) the liability of any individual or entity for 

4 damages to, loss of, or injury to any resource within 

5 the Park resulting from any cause or event that oc6 curred before the date of enactment of this Act; or 

7 (2) Public Law 101–337 (16 U.S.C. 19jj et 

8 seq.), including the defenses available under that Act 

9 for damage caused— 

10 (A) solely by— 

11 (i) an act of God; 

12 (ii) an act of war; or 

13 (iii) an act or omission of a third 

14 party (other than an employee or agent); 

15 or 

16 (B) by an activity authorized by Federal or 

17 State law. 

18 (d) COLORADO-BIG THOMPSON PROJECT AND

19 WINDY GAP PROJECT.— 

20 (1) IN GENERAL.—Nothing in this subtitle, in21 cluding the designation of the Wilderness, prohibits 

22 or affects current and future operation and mainte23 nance activities in, under, or affecting the Wilder24 ness that were allowed as of the date of enactment 

25 of this Act under the Act of January 26, 1915 (16 
211 

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1 U.S.C. 191), relating to the Alva B. Adams Tunnel 

2 or other Colorado–Big Thompson Project facilities 

3 located within the Park. 

4 (2) ALVA B. ADAMS TUNNEL.—Nothing in this 

5 subtitle, including the designation of the Wilderness, 

6 prohibits or restricts the conveyance of water 

7 through the Alva B. Adams Tunnel for any purpose. 

8 (e) RIGHT-OF-WAY.—Notwithstanding the Act of 

9 March 3, 1891 (43 U.S.C. 946) and the Act of May 11, 

10 1898 (43 U.S.C. 951), the right of way for the Grand 

11 River Ditch shall not be terminated, forfeited, or otherwise 

12 affected as a result of the water transported by the Grand 

13 River Ditch being used primarily for domestic purposes 

14 or any purpose of a public nature, unless the Secretary 

15 determines that the change in the main purpose or use 

16 adversely affects the Park. 

17 (f) NEW RECLAMATION PROJECTS.—Nothing in the 

18 first section of the Act of January 26, 1915 (16 U.S.C. 

19 191), shall be construed to allow development in the Wil20 derness of any reclamation project not in existence as of 

21 the date of enactment of this Act. 

22 (g) CLARIFICATION OF MANAGEMENT AUTHORITY.— 

23 Nothing in this section reduces or limits the authority of 

24 the Secretary to manage land and resources within the 

25 Park under applicable law. 
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1 SEC. 1954. EAST SHORE TRAIL AREA. 

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

3 date of enactment of this Act, the Secretary shall establish 

4 within the East Shore Trail Area in the Park an align5 ment line for a trail, to be known as the ‘‘East Shore 

6 Trail’’, to maximize the opportunity for sustained use of 

7 the Trail without causing— 

8 (1) harm to affected resources; or 

9 (2) conflicts among users. 

10 (b) BOUNDARIES.— 

11 (1) IN GENERAL.—After establishing the align12 ment line for the Trail under subsection (a), the 

13 Secretary shall— 

14 (A) identify the boundaries of the Trail, 

15 which shall not extend more than 25 feet east 

16 of the alignment line or be located within the 

17 Wilderness; and 

18 (B) modify the map of the Wilderness pre19 pared under section 1952(b)(1)(A) so that the 

20 western boundary of the Wilderness is 50 feet 

21 east of the alignment line. 

22 (2) ADJUSTMENTS.—To the extent necessary to 

23 protect Park resources, the Secretary may adjust the 

24 boundaries of the Trail, if the adjustment does not 

25 place any portion of the Trail within the boundary 

26 of the Wilderness. 
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1 (c) INCLUSION IN WILDERNESS.—On completion of 

2 the construction of the Trail, as authorized by the Sec3 retary— 

4 (1) any portion of the East Shore Trail Area 

5 that is not traversed by the Trail, that is not west 

6 of the Trail, and that is not within 50 feet of the 

7 centerline of the Trail shall be— 

8 (A) included in the Wilderness; and 

9 (B) managed as part of the Wilderness in 

10 accordance with section 1952; and 

11 (2) the Secretary shall modify the map and 

12 boundary description of the Wilderness prepared 

13 under section 1952(b)(1)(A) to reflect the inclusion 

14 of the East Shore Trail Area land in the Wilderness. 

15 (d) EFFECT.—Nothing in this section— 

16 (1) requires the construction of the Trail along 

17 the alignment line established under subsection (a); 

18 or 

19 (2) limits the extent to which any otherwise ap20 plicable law or policy applies to any decision with re21 spect to the construction of the Trail. 

22 (e) RELATION TO LAND OUTSIDE WILDERNESS.— 

23 (1) IN GENERAL.—Except as provided in this 

24 subsection, nothing in this subtitle affects the man25 agement or use of any land not included within the 
214 

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1 boundaries of the Wilderness or the potential wilder2 ness land. 

3 (2) MOTORIZED VEHICLES AND MACHINERY.— 

4 No use of motorized vehicles or other motorized ma5 chinery that was not permitted on March 1, 2006, 

6 shall be allowed in the East Shore Trail Area except 

7 as the Secretary determines to be necessary for use 

8 in— 

9 (A) constructing the Trail, if the construc10 tion is authorized by the Secretary; or 

11 (B) maintaining the Trail. 

12 (3) MANAGEMENT OF LAND BEFORE INCLU13 SION.—Until the Secretary authorizes the construc14 tion of the Trail and the use of the Trail for non15 motorized bicycles, the East Shore Trail Area shall 

16 be managed— 

17 (A) to protect any wilderness characteris18 tics of the East Shore Trail Area; and 

19 (B) to maintain the suitability of the East 

20 Shore Trail Area for inclusion in the Wilder21 ness. 

22 SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUST23 MENTS. 

24 (a) INDIAN PEAKS WILDERNESS BOUNDARY AD25 JUSTMENT.—Section 3(a) of the Indian Peaks Wilderness 
215 

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1 Area, the Arapaho National Recreation Area and the Or2 egon Islands Wilderness Area Act (16 U.S.C. 1132 note; 

3 Public Law 95–450) is amended— 

4 (1) by striking ‘‘seventy thousand acres’’ and 

5 inserting ‘‘74,195 acres’’; and 

6 (2) by striking ‘‘, dated July 1978’’ and insert7 ing ‘‘and dated May 2007’’. 

8 (b) ARAPAHO NATIONAL RECREATION AREA BOUND9 ARY ADJUSTMENT.—Section 4(a) of the Indian Peaks 

10 Wilderness Area, the Arapaho National Recreation Area 

11 and the Oregon Islands Wilderness Area Act (16 U.S.C. 

12 460jj(a)) is amended— 

13 (1) by striking ‘‘thirty-six thousand two hun14 dred thirty-five acres’’ and inserting ‘‘35,235 acres’’; 

15 and 

16 (2) by striking ‘‘, dated July 1978’’ and insert17 ing ‘‘and dated May 2007’’. 

18 SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT. 

19 (a) IN GENERAL.—Section 3(k) of Public Law 91– 

20 383 (16 U.S.C. 1a–2(k)) shall apply to the parcel of land 

21 described in subsection (b). 

22 (b) DESCRIPTION OF THE LAND.—The parcel of land 

23 referred to in subsection (a) is the parcel of land known 

24 as the ‘‘Leiffer tract’’ that is— 
216 

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1 (1) located near the eastern boundary of the 

2 Park in Larimer County, Colorado; and 

3 (2) administered by the National Park Service. 

4 Subtitle O—Washington County, 

5 Utah 

6 SEC. 1971. DEFINITIONS. 

7 In this subtitle: 

8 (1) BEAVER DAM WASH NATIONAL CONSERVA9 TION AREA MAP.—The term ‘‘Beaver Dam Wash 

10 National Conservation Area Map’’ means the map 

11 entitled ‘‘Beaver Dam Wash National Conservation 

12 Area’’ and dated December 18, 2008. 

13 (2) CANAAN MOUNTAIN WILDERNESS MAP.— 

14 The term ‘‘Canaan Mountain Wilderness Map’’ 

15 means the map entitled ‘‘Canaan Mountain Wilder16 ness’’ and dated June 21, 2008. 

17 (3) COUNTY.—The term ‘‘County’’ means 

18 Washington County, Utah. 

19 (4) NORTHEASTERN WASHINGTON COUNTY

20 WILDERNESS MAP.—The term ‘‘Northeastern Wash21 ington County Wilderness Map’’ means the map en22 titled ‘‘Northeastern Washington County Wilder23 ness’’ and dated November 12, 2008. 

24 (5) NORTHWESTERN WASHINGTON COUNTY

25 WILDERNESS MAP.—The term ‘‘Northwestern Wash-
217 

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1 ington County Wilderness Map’’ means the map en2 titled ‘‘Northwestern Washington County Wilder3 ness’’ and dated June 21, 2008. 

4 (6) RED CLIFFS NATIONAL CONSERVATION

5 AREA MAP.—The term ‘‘Red Cliffs National Con6 servation Area Map’’ means the map entitled ‘‘Red 

7 Cliffs National Conservation Area’’ and dated No8 vember 12, 2008. 

9 (7) SECRETARY.—The term ‘‘Secretary’’ 

10 means— 

11 (A) with respect to land under the jurisdic12 tion of the Secretary of Agriculture, the Sec13 retary of Agriculture; and 

14 (B) with respect to land under the jurisdic15 tion of the Secretary of the Interior, the Sec16 retary of the Interior. 

17 (8) STATE.—The term ‘‘State’’ means the State 

18 of Utah. 

19 (9) WASHINGTON COUNTY GROWTH AND CON20 SERVATION ACT MAP.—The term ‘‘Washington 

21 County Growth and Conservation Act Map’’ means 

22 the map entitled ‘‘Washington County Growth and 

23 Conservation Act Map’’ and dated November 13, 

24 2008. 
218 

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1 SEC. 1972. WILDERNESS AREAS. 

2 (a) ADDITIONS TO NATIONAL WILDERNESS PRESER3 VATION SYSTEM.— 

4 (1) ADDITIONS.—Subject to valid existing 

5 rights, the following land in the State is designated 

6 as wilderness and as components of the National 

7 Wilderness Preservation System: 

8 (A) BEARTRAP CANYON.—Certain Federal 

9 land managed by the Bureau of Land Manage10 ment, comprising approximately 40 acres, as 

11 generally depicted on the Northeastern Wash12 ington County Wilderness Map, which shall be 

13 known as the ‘‘Beartrap Canyon Wilderness’’. 

14 (B) BLACKRIDGE.—Certain Federal land 

15 managed by the Bureau of Land Management, 

16 comprising approximately 13,015 acres, as gen17 erally depicted on the Northeastern Washington 

18 County Wilderness Map, which shall be known 

19 as the ‘‘Blackridge Wilderness’’. 

20 (C) CANAAN MOUNTAIN.—Certain Federal 

21 land in the County managed by the Bureau of 

22 Land Management, comprising approximately 

23 44,531 acres, as generally depicted on the 

24 Canaan Mountain Wilderness Map, which shall 

25 be known as the ‘‘Canaan Mountain Wilder26 ness’’. 
219 

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1 (D) COTTONWOOD CANYON.—Certain Fed2 eral land managed by the Bureau of Land Man3 agement, comprising approximately 11,712 

4 acres, as generally depicted on the Red Cliffs 

5 National Conservation Area Map, which shall 

6 be known as the ‘‘Cottonwood Canyon Wilder7 ness’’. 

8 (E) COTTONWOOD FOREST.—Certain Fed9 eral land managed by the Forest Service, com10 prising approximately 2,643 acres, as generally 

11 depicted on the Red Cliffs National Conserva12 tion Area Map, which shall be known as the 

13 ‘‘Cottonwood Forest Wilderness’’. 

14 (F) COUGAR CANYON.—Certain Federal 

15 land managed by the Bureau of Land Manage16 ment, comprising approximately 10,409 acres, 

17 as generally depicted on the Northwestern 

18 Washington County Wilderness Map, which 

19 shall be known as the ‘‘Cougar Canyon Wilder20 ness’’. 

21 (G) DEEP CREEK.—Certain Federal land 

22 managed by the Bureau of Land Management, 

23 comprising approximately 3,284 acres, as gen24 erally depicted on the Northeastern Washington 
220 

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1 County Wilderness Map, which shall be known 

2 as the ‘‘Deep Creek Wilderness’’. 

3 (H) DEEP CREEK NORTH.—Certain Fed4 eral land managed by the Bureau of Land Man5 agement, comprising approximately 4,262 acres, 

6 as generally depicted on the Northeastern 

7 Washington County Wilderness Map, which 

8 shall be known as the ‘‘Deep Creek North Wil9 derness’’. 

10 (I) DOC’S PASS.—Certain Federal land 

11 managed by the Bureau of Land Management, 

12 comprising approximately 17,294 acres, as gen13 erally depicted on the Northwestern Wash14 ington County Wilderness Map, which shall be 

15 known as the ‘‘Doc’s Pass Wilderness’’. 

16 (J) GOOSE CREEK.—Certain Federal land 

17 managed by the Bureau of Land Management, 

18 comprising approximately 98 acres, as generally 

19 depicted on the Northeastern Washington 

20 County Wilderness Map, which shall be known 

21 as the ‘‘Goose Creek Wilderness’’. 

22 (K) LAVERKIN CREEK.—Certain Federal 

23 land managed by the Bureau of Land Manage24 ment, comprising approximately 445 acres, as 

25 generally depicted on the Northeastern Wash-
221 

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1 ington County Wilderness Map, which shall be 

2 known as the ‘‘LaVerkin Creek Wilderness’’. 

3 (L) RED BUTTE.—Certain Federal land 

4 managed by the Bureau of Land Management, 

5 comprising approximately 1,537 acres, as gen6 erally depicted on the Northeastern Washington 

7 County Wilderness Map, which shall be known 

8 as the ‘‘Red Butte Wilderness’’. 

9 (M) RED MOUNTAIN.—Certain Federal 

10 land managed by the Bureau of Land Manage11 ment, comprising approximately 18,729 acres, 

12 as generally depicted on the Red Cliffs National 

13 Conservation Area Map, which shall be known 

14 as the ‘‘Red Mountain Wilderness’’. 

15 (N) SLAUGHTER CREEK.—Certain Federal 

16 land managed by the Bureau of Land Manage17 ment, comprising approximately 3,901 acres, as 

18 generally depicted on the Northwestern Wash19 ington County Wilderness Map, which shall be 

20 known as the ‘‘Slaughter Creek Wilderness’’. 

21 (O) TAYLOR CREEK.—Certain Federal 

22 land managed by the Bureau of Land Manage23 ment, comprising approximately 32 acres, as 

24 generally depicted on the Northeastern Wash-
222 

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1 ington County Wilderness Map, which shall be 

2 known as the ‘‘Taylor Creek Wilderness’’. 

3 (2) MAPS AND LEGAL DESCRIPTIONS.— 

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

5 after the date of enactment of this Act, the Sec6 retary shall submit to the Committee on Energy 

7 and Natural Resources of the Senate and the 

8 Committee on Natural Resources of the House 

9 of Representatives a map and legal description 

10 of each wilderness area designated by para11 graph (1). 

12 (B) FORCE AND EFFECT.—Each map and 

13 legal description submitted under subparagraph 

14 (A) shall have the same force and effect as if 

15 included in this subtitle, except that the Sec16 retary may correct any clerical or typographical 

17 errors in the map or legal description. 

18 (C) AVAILABILITY.—Each map and legal 

19 description submitted under subparagraph (A) 

20 shall be available in the appropriate offices of— 

21 (i) the Bureau of Land Management; 

22 and 

23 (ii) the Forest Service. 

24 (b) ADMINISTRATION OF WILDERNESS AREAS.— 
223 

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1 (1) MANAGEMENT.—Subject to valid existing 

2 rights, each area designated as wilderness by sub3 section (a)(1) shall be administered by the Secretary 

4 in accordance with the Wilderness Act (16 U.S.C. 

5 1131 et seq.), except that— 

6 (A) any reference in the Wilderness Act to 

7 the effective date of that Act shall be consid8 ered to be a reference to the date of enactment 

9 of this Act; and 

10 (B) any reference in the Wilderness Act to 

11 the Secretary of Agriculture shall be considered 

12 to be a reference to the Secretary that has ju13 risdiction over the land. 

14 (2) LIVESTOCK.—The grazing of livestock in 

15 each area designated as wilderness by subsection 

16 (a)(1), where established before the date of enact17 ment of this Act, shall be permitted to continue— 

18 (A) subject to such reasonable regulations, 

19 policies, and practices that the Secretary con20 siders necessary; and 

21 (B) in accordance with— 

22 (i) section 4(d)(4) of the Wilderness 

23 Act (16 U.S.C. 1133(d)(4)); and 

24 (ii) the guidelines set forth in Appen25 dix A of the report of the Committee on 
224 

•S 22 ES

1 Interior and Insular Affairs of the House 

2 of Representatives accompanying H.R. 

3 2570 of the 101st Congress (H.Rep. 101– 

4 405) and H.R. 5487 of the 96th Congress 

5 (H. Rept. 96–617). 

6 (3) WILDFIRE, INSECT, AND DISEASE MANAGE7 MENT.—In accordance with section 4(d)(1) of the 

8 Wilderness Act (16 U.S.C. 1133(d)(1)), the Sec9 retary may take such measures in each area des10 ignated as wilderness by subsection (a)(1) as the 

11 Secretary determines to be necessary for the control 

12 of fire, insects, and diseases (including, as the Sec13 retary determines to be appropriate, the coordination 

14 of those activities with a State or local agency). 

15 (4) BUFFER ZONES.— 

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

17 creates a protective perimeter or buffer zone 

18 around any area designated as wilderness by 

19 subsection (a)(1). 

20 (B) ACTIVITIES OUTSIDE WILDERNESS.— 

21 The fact that an activity or use on land outside 

22 any area designated as wilderness by subsection 

23 (a)(1) can be seen or heard within the wilder24 ness shall not preclude the activity or use out25 side the boundary of the wilderness. 
225 

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1 (5) MILITARY OVERFLIGHTS.—Nothing in this 

2 section restricts or precludes— 

3 (A) low-level overflights of military aircraft 

4 over any area designated as wilderness by sub5 section (a)(1), including military overflights 

6 that can be seen or heard within any wilderness 

7 area; 

8 (B) flight testing and evaluation; or 

9 (C) the designation or creation of new 

10 units of special use airspace, or the establish11 ment of military flight training routes over any 

12 wilderness area. 

13 (6) ACQUISITION AND INCORPORATION OF LAND

14 AND INTERESTS IN LAND.— 

15 (A) ACQUISITION AUTHORITY.—In accord16 ance with applicable laws (including regula17 tions), the Secretary may acquire any land or 

18 interest in land within the boundaries of the 

19 wilderness areas designated by subsection (a)(1) 

20 by purchase from willing sellers, donation, or 

21 exchange. 

22 (B) INCORPORATION.—Any land or inter23 est in land acquired by the Secretary under 

24 subparagraph (A) shall be incorporated into, 

25 and administered as a part of, the wilderness 
226 

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1 area in which the land or interest in land is lo2 cated. 

3 (7) NATIVE AMERICAN CULTURAL AND RELI4 GIOUS USES.—Nothing in this section diminishes— 

5 (A) the rights of any Indian tribe; or 

6 (B) any tribal rights regarding access to 

7 Federal land for tribal activities, including spir8 itual, cultural, and traditional food-gathering 

9 activities. 

10 (8) CLIMATOLOGICAL DATA COLLECTION.—In 

11 accordance with the Wilderness Act (16 U.S.C. 1131 

12 et seq.) and subject to such terms and conditions as 

13 the Secretary may prescribe, the Secretary may au14 thorize the installation and maintenance of hydro15 logic, meteorologic, or climatological collection de16 vices in the wilderness areas designated by sub17 section (a)(1) if the Secretary determines that the 

18 facilities and access to the facilities are essential to 

19 flood warning, flood control, or water reservoir oper20 ation activities. 

21 (9) WATER RIGHTS.— 

22 (A) STATUTORY CONSTRUCTION.—Nothing 

23 in this section— 

24 (i) shall constitute or be construed to 

25 constitute either an express or implied res-
227 

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1 ervation by the United States of any water 

2 or water rights with respect to the land 

3 designated as wilderness by subsection 

4 (a)(1); 

5 (ii) shall affect any water rights in the 

6 State existing on the date of enactment of 

7 this Act, including any water rights held 

8 by the United States; 

9 (iii) shall be construed as establishing 

10 a precedent with regard to any future wil11 derness designations; 

12 (iv) shall affect the interpretation of, 

13 or any designation made pursuant to, any 

14 other Act; or 

15 (v) shall be construed as limiting, al16 tering, modifying, or amending any of the 

17 interstate compacts or equitable apportion18 ment decrees that apportion water among 

19 and between the State and other States. 

20 (B) STATE WATER LAW.—The Secretary 

21 shall follow the procedural and substantive re22 quirements of the law of the State in order to 

23 obtain and hold any water rights not in exist24 ence on the date of enactment of this Act with 
228 

•S 22 ES

1 respect to the wilderness areas designated by 

2 subsection (a)(1). 

3 (10) FISH AND WILDLIFE.— 

4 (A) JURISDICTION OF STATE.—Nothing in 

5 this section affects the jurisdiction of the State 

6 with respect to fish and wildlife on public land 

7 located in the State. 

8 (B) AUTHORITY OF SECRETARY.—In fur9 therance of the purposes and principles of the 

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

11 Secretary may carry out management activities 

12 to maintain or restore fish and wildlife popu13 lations (including activities to maintain and re14 store fish and wildlife habitats to support the 

15 populations) in any wilderness area designated 

16 by subsection (a)(1) if the activities are— 

17 (i) consistent with applicable wilder18 ness management plans; and 

19 (ii) carried out in accordance with— 

20 (I) the Wilderness Act (16 

21 U.S.C. 1131 et seq.); and 

22 (II) applicable guidelines and 

23 policies, including applicable policies 

24 described in Appendix B of House Re25 port 101–405. 
229 

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1 (11) WILDLIFE WATER DEVELOPMENT

2 PROJECTS.—Subject to paragraph (12), the Sec3 retary may authorize structures and facilities, in4 cluding existing structures and facilities, for wildlife 

5 water development projects, including guzzlers, in 

6 the wilderness areas designated by subsection (a)(1) 

7 if— 

8 (A) the structures and facilities will, as de9 termined by the Secretary, enhance wilderness 

10 values by promoting healthy, viable, and more 

11 naturally distributed wildlife populations; and 

12 (B) the visual impacts of the structures 

13 and facilities on the wilderness areas can rea14 sonably be minimized. 

15 (12) COOPERATIVE AGREEMENT.—Not later 

16 than 1 year after the date of enactment of this Act, 

17 the Secretary shall enter into a cooperative agree18 ment with the State that specifies the terms and 

19 conditions under which wildlife management activi20 ties in the wilderness areas designated by subsection 

21 (a)(1) may be carried out. 

22 (c) RELEASE OF WILDERNESS STUDY AREAS.— 

23 (1) FINDING.—Congress finds that, for the pur24 poses of section 603 of the Federal Land Policy and 

25 Management Act of 1976 (43 U.S.C. 1782), the 
230 

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1 public land in the County administered by the Bu2 reau of Land Management has been adequately 

3 studied for wilderness designation. 

4 (2) RELEASE.—Any public land described in 

5 paragraph (1) that is not designated as wilderness 

6 by subsection (a)(1)— 

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

8 of the Federal Land Policy and Management 

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

10 (B) shall be managed in accordance with 

11 applicable law and the land management plans 

12 adopted under section 202 of that Act (43 

13 U.S.C. 1712). 

14 (d) TRANSFER OF ADMINISTRATIVE JURISDICTION

15 TO NATIONAL PARK SERVICE.—Administrative jurisdic16 tion over the land identified as the Watchman Wilderness 

17 on the Northeastern Washington County Wilderness Map 

18 is hereby transferred to the National Park Service, to be 

19 included in, and administered as part of Zion National 

20 Park. 

21 SEC. 1973. ZION NATIONAL PARK WILDERNESS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

24 means certain Federal land— 

25 (A) that is— 
231 

•S 22 ES

1 (i) located in the County and Iron 

2 County, Utah; and 

3 (ii) managed by the National Park 

4 Service; 

5 (B) consisting of approximately 124,406 

6 acres; and 

7 (C) as generally depicted on the Zion Na8 tional Park Wilderness Map and the area added 

9 to the park under section 1972(d). 

10 (2) WILDERNESS AREA.—The term ‘‘Wilderness 

11 Area’’ means the Zion Wilderness designated by sub12 section (b)(1). 

13 (3) ZION NATIONAL PARK WILDERNESS MAP.— 

14 The term ‘‘Zion National Park Wilderness Map’’ 

15 means the map entitled ‘‘Zion National Park Wilder16 ness’’ and dated April 2008. 

17 (b) ZION NATIONAL PARK WILDERNESS.— 

18 (1) DESIGNATION.—Subject to valid existing 

19 rights, the Federal land is designated as wilderness 

20 and as a component of the National Wilderness 

21 Preservation System, to be known as the ‘‘Zion Wil22 derness’’. 

23 (2) INCORPORATION OF ACQUIRED LAND.—Any 

24 land located in the Zion National Park that is ac25 quired by the Secretary through a voluntary sale, ex-
232 

•S 22 ES

1 change, or donation may, on the recommendation of 

2 the Secretary, become part of the Wilderness Area, 

3 in accordance with the Wilderness Act (16 U.S.C. 

4 1131 et seq.). 

5 (3) MAP AND LEGAL DESCRIPTION.— 

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

7 after the date of enactment of this Act, the Sec8 retary shall submit to the Committee on Energy 

9 and Natural Resources of the Senate and the 

10 Committee on Natural Resources of the House 

11 of Representatives a map and legal description 

12 of the Wilderness Area. 

13 (B) FORCE AND EFFECT.—The map and 

14 legal description submitted under subparagraph 

15 (A) shall have the same force and effect as if 

16 included in this Act, except that the Secretary 

17 may correct any clerical or typographical errors 

18 in the map or legal description. 

19 (C) AVAILABILITY.—The map and legal 

20 description submitted under subparagraph (A) 

21 shall be available in the appropriate offices of 

22 the National Park Service. 

23 SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA. 

24 (a) PURPOSES.—The purposes of this section are— 
233 

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1 (1) to conserve, protect, and enhance for the 

2 benefit and enjoyment of present and future genera3 tions the ecological, scenic, wildlife, recreational, cul4 tural, historical, natural, educational, and scientific 

5 resources of the National Conservation Area; and 

6 (2) to protect each species that is— 

7 (A) located in the National Conservation 

8 Area; and 

9 (B) listed as a threatened or endangered 

10 species on the list of threatened species or the 

11 list of endangered species published under sec12 tion 4(c)(1) of the Endangered Species Act of 

13 1973 (16 U.S.C. 1533(c)(1)). 

14 (b) DEFINITIONS.—In this section: 

15 (1) HABITAT CONSERVATION PLAN.—The term 

16 ‘‘habitat conservation plan’’ means the conservation 

17 plan entitled ‘‘Washington County Habitat Con18 servation Plan’’ and dated February 23, 1996. 

19 (2) MANAGEMENT PLAN.—The term ‘‘manage20 ment plan’’ means the management plan for the Na21 tional Conservation Area developed by the Secretary 

22 under subsection (d)(1). 

23 (3) NATIONAL CONSERVATION AREA.—The 

24 term ‘‘National Conservation Area’’ means the Red 

25 Cliffs National Conservation Area that— 
234 

•S 22 ES

1 (A) consists of approximately 44,725 acres 

2 of public land in the County, as generally de3 picted on the Red Cliffs National Conservation 

4 Area Map; and 

5 (B) is established by subsection (c). 

6 (4) PUBLIC USE PLAN.—The term ‘‘public use 

7 plan’’ means the use plan entitled ‘‘Red Cliffs 

8 Desert Reserve Public Use Plan’’ and dated June 

9 12, 2000, as amended. 

10 (5) RESOURCE MANAGEMENT PLAN.—The term 

11 ‘‘resource management plan’’ means the manage12 ment plan entitled ‘‘St. George Field Office Re13 source Management Plan’’ and dated March 15, 

14 1999, as amended. 

15 (c) ESTABLISHMENT.—Subject to valid existing 

16 rights, there is established in the State the Red Cliffs Na17 tional Conservation Area. 

18 (d) MANAGEMENT PLAN.— 

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

20 the date of enactment of this Act and in accordance 

21 with paragraph (2), the Secretary shall develop a 

22 comprehensive plan for the long-term management 

23 of the National Conservation Area. 
235 

•S 22 ES

1 (2) CONSULTATION.—In developing the man2 agement plan required under paragraph (1), the 

3 Secretary shall consult with— 

4 (A) appropriate State, tribal, and local 

5 governmental entities; and 

6 (B) members of the public. 

7 (3) INCORPORATION OF PLANS.—In developing 

8 the management plan required under paragraph (1), 

9 to the extent consistent with this section, the Sec10 retary may incorporate any provision of— 

11 (A) the habitat conservation plan; 

12 (B) the resource management plan; and 

13 (C) the public use plan. 

14 (e) MANAGEMENT.— 

15 (1) IN GENERAL.—The Secretary shall manage 

16 the National Conservation Area— 

17 (A) in a manner that conserves, protects, 

18 and enhances the resources of the National 

19 Conservation Area; and 

20 (B) in accordance with— 

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

23 seq.); 

24 (ii) this section; and 
236 

•S 22 ES

1 (iii) any other applicable law (includ2 ing regulations). 

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

4 of the National Conservation Area that the Sec5 retary determines would further a purpose described 

6 in subsection (a). 

7 (3) MOTORIZED VEHICLES.—Except in cases in 

8 which motorized vehicles are needed for administra9 tive purposes, or to respond to an emergency, the 

10 use of motorized vehicles in the National Conserva11 tion Area shall be permitted only on roads des12 ignated by the management plan for the use of mo13 torized vehicles. 

14 (4) GRAZING.—The grazing of livestock in the 

15 National Conservation Area, where established be16 fore the date of enactment of this Act, shall be per17 mitted to continue— 

18 (A) subject to— 

19 (i) such reasonable regulations, poli20 cies, and practices as the Secretary con21 siders necessary; and 

22 (ii) applicable law; and 

23 (B) in a manner consistent with the pur24 poses described in subsection (a). 
237 

•S 22 ES

1 (5) WILDLAND FIRE OPERATIONS.—Nothing in 

2 this section prohibits the Secretary, in cooperation 

3 with other Federal, State, and local agencies, as ap4 propriate, from conducting wildland fire operations 

5 in the National Conservation Area, consistent with 

6 the purposes of this section. 

7 (f) INCORPORATION OF ACQUIRED LAND AND INTER8 ESTS.—Any land or interest in land that is located in the 

9 National Conservation Area that is acquired by the United 

10 States shall— 

11 (1) become part of the National Conservation 

12 Area; and 

13 (2) be managed in accordance with— 

14 (A) the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

16 (B) this section; and 

17 (C) any other applicable law (including 

18 regulations). 

19 (g) WITHDRAWAL.— 

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

21 rights, all Federal land located in the National Con22 servation Area are withdrawn from— 

23 (A) all forms of entry, appropriation, and 

24 disposal under the public land laws; 
238 

•S 22 ES

1 (B) location, entry, and patenting under 

2 the mining laws; and 

3 (C) operation of the mineral leasing, min4 eral materials, and geothermal leasing laws. 

5 (2) ADDITIONAL LAND.—If the Secretary ac6 quires additional land that is located in the National 

7 Conservation Area after the date of enactment of 

8 this Act, the land is withdrawn from operation of 

9 the laws referred to in paragraph (1) on the date of 

10 acquisition of the land. 

11 (h) EFFECT.—Nothing in this section prohibits the 

12 authorization of the development of utilities within the Na13 tional Conservation Area if the development is carried out 

14 in accordance with— 

15 (1) each utility development protocol described 

16 in the habitat conservation plan; and 

17 (2) any other applicable law (including regula18 tions). 

19 SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION 

20 AREA. 

21 (a) PURPOSE.—The purpose of this section is to con22 serve, protect, and enhance for the benefit and enjoyment 

23 of present and future generations the ecological, scenic, 

24 wildlife, recreational, cultural, historical, natural, edu-
239 

•S 22 ES

1 cational, and scientific resources of the Beaver Dam Wash 

2 National Conservation Area. 

3 (b) DEFINITIONS.—In this section: 

4 (1) MANAGEMENT PLAN.—The term ‘‘manage5 ment plan’’ means the management plan for the Na6 tional Conservation Area developed by the Secretary 

7 under subsection (d)(1). 

8 (2) NATIONAL CONSERVATION AREA.—The 

9 term ‘‘National Conservation Area’’ means the Bea10 ver Dam Wash National Conservation Area that— 

11 (A) consists of approximately 68,083 acres 

12 of public land in the County, as generally de13 picted on the Beaver Dam Wash National Con14 servation Area Map; and 

15 (B) is established by subsection (c). 

16 (c) ESTABLISHMENT.—Subject to valid existing 

17 rights, there is established in the State the Beaver Dam 

18 Wash National Conservation Area. 

19 (d) MANAGEMENT PLAN.— 

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

21 the date of enactment of this Act and in accordance 

22 with paragraph (2), the Secretary shall develop a 

23 comprehensive plan for the long-term management 

24 of the National Conservation Area. 
240 

•S 22 ES

1 (2) CONSULTATION.—In developing the man2 agement plan required under paragraph (1), the 

3 Secretary shall consult with— 

4 (A) appropriate State, tribal, and local 

5 governmental entities; and 

6 (B) members of the public. 

7 (3) MOTORIZED VEHICLES.—In developing the 

8 management plan required under paragraph (1), the 

9 Secretary shall incorporate the restrictions on mo10 torized vehicles described in subsection (e)(3). 

11 (e) MANAGEMENT.— 

12 (1) IN GENERAL.—The Secretary shall manage 

13 the National Conservation Area— 

14 (A) in a manner that conserves, protects, 

15 and enhances the resources of the National 

16 Conservation Area; and 

17 (B) in accordance with— 

18 (i) the Federal Land Policy and Man19 agement Act of 1976 (43 U.S.C. 1701 et 

20 seq.); 

21 (ii) this section; and 

22 (iii) any other applicable law (includ23 ing regulations). 

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

25 of the National Conservation Area that the Sec-
241 

•S 22 ES

1 retary determines would further the purpose de2 scribed in subsection (a). 

3 (3) MOTORIZED VEHICLES.— 

4 (A) IN GENERAL.—Except in cases in 

5 which motorized vehicles are needed for admin6 istrative purposes, or to respond to an emer7 gency, the use of motorized vehicles in the Na8 tional Conservation Area shall be permitted 

9 only on roads designated by the management 

10 plan for the use of motorized vehicles. 

11 (B) ADDITIONAL REQUIREMENT RELATING

12 TO CERTAIN AREAS LOCATED IN THE NATIONAL

13 CONSERVATION AREA.—In addition to the re14 quirement described in subparagraph (A), with 

15 respect to the areas designated on the Beaver 

16 Dam Wash National Conservation Area Map as 

17 ‘‘Designated Road Areas’’, motorized vehicles 

18 shall be permitted only on the roads identified 

19 on such map. 

20 (4) GRAZING.—The grazing of livestock in the 

21 National Conservation Area, where established be22 fore the date of enactment of this Act, shall be per23 mitted to continue— 

24 (A) subject to— 
242 

•S 22 ES

1 (i) such reasonable regulations, poli2 cies, and practices as the Secretary con3 siders necessary; and 

4 (ii) applicable law (including regula5 tions); and 

6 (B) in a manner consistent with the pur7 pose described in subsection (a). 

8 (5) WILDLAND FIRE OPERATIONS.—Nothing in 

9 this section prohibits the Secretary, in cooperation 

10 with other Federal, State, and local agencies, as ap11 propriate, from conducting wildland fire operations 

12 in the National Conservation Area, consistent with 

13 the purposes of this section. 

14 (f) INCORPORATION OF ACQUIRED LAND AND INTER15 ESTS.—Any land or interest in land that is located in the 

16 National Conservation Area that is acquired by the United 

17 States shall— 

18 (1) become part of the National Conservation 

19 Area; and 

20 (2) be managed in accordance with— 

21 (A) the Federal Land Policy and Manage22 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

23 (B) this section; and 

24 (C) any other applicable law (including 

25 regulations). 
243 

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1 (g) WITHDRAWAL.— 

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

3 rights, all Federal land located in the National Con4 servation Area is withdrawn from— 

5 (A) all forms of entry, appropriation, and 

6 disposal under the public land laws; 

7 (B) location, entry, and patenting under 

8 the mining laws; and 

9 (C) operation of the mineral leasing, min10 eral materials, and geothermal leasing laws. 

11 (2) ADDITIONAL LAND.—If the Secretary ac12 quires additional land that is located in the National 

13 Conservation Area after the date of enactment of 

14 this Act, the land is withdrawn from operation of 

15 the laws referred to in paragraph (1) on the date of 

16 acquisition of the land. 

17 SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER 

18 DESIGNATION. 

19 (a) DESIGNATION.—Section 3(a) of the Wild and 

20 Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by 

21 section 1852) is amended by adding at the end the fol22 lowing: 

23 ‘‘(204) ZION NATIONAL PARK, UTAH.—The ap24 proximately 165.5 miles of segments of the Virgin 

25 River and tributaries of the Virgin River across Fed-
244 

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1 eral land within and adjacent to Zion National Park, 

2 as generally depicted on the map entitled ‘Wild and 

3 Scenic River Segments Zion National Park and Bu4 reau of Land Management’ and dated April 2008, to 

5 be administered by the Secretary of the Interior in 

6 the following classifications: 

7 ‘‘(A) TAYLOR CREEK.—The 4.5-mile seg8 ment from the junction of the north, middle, 

9 and south forks of Taylor Creek, west to the 

10 park boundary and adjacent land rim-to-rim, as 

11 a scenic river. 

12 ‘‘(B) NORTH FORK OF TAYLOR CREEK.— 

13 The segment from the head of North Fork to 

14 the junction with Taylor Creek and adjacent 

15 land rim-to-rim, as a wild river. 

16 ‘‘(C) MIDDLE FORK OF TAYLOR CREEK.— 

17 The segment from the head of Middle Fork on 

18 Bureau of Land Management land to the junc19 tion with Taylor Creek and adjacent land rim20 to-rim, as a wild river. 

21 ‘‘(D) SOUTH FORK OF TAYLOR CREEK.— 

22 The segment from the head of South Fork to 

23 the junction with Taylor Creek and adjacent 

24 land rim-to-rim, as a wild river. 
245 

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1 ‘‘(E) TIMBER CREEK AND TRIBUTARIES.— 

2 The 3.1-mile segment from the head of Timber 

3 Creek and tributaries of Timber Creek to the 

4 junction with LaVerkin Creek and adjacent 

5 land rim-to-rim, as a wild river. 

6 ‘‘(F) LAVERKIN CREEK.—The 16.1-mile 

7 segment beginning in T. 38 S., R. 11 W., sec. 

8 21, on Bureau of Land Management land, 

9 southwest through Zion National Park, and 

10 ending at the south end of T. 40 S., R. 12 W., 

sec. 7, and adjacent land 1 11 ⁄2-mile wide, as a 

12 wild river. 

13 ‘‘(G) WILLIS CREEK.—The 1.9-mile seg14 ment beginning on Bureau of Land Manage15 ment land in the SWSW sec. 27, T. 38 S., R. 

16 11 W., to the junction with LaVerkin Creek in 

17 Zion National Park and adjacent land rim-to18 rim, as a wild river. 

19 ‘‘(H) BEARTRAP CANYON.—The 2.3-mile 

20 segment beginning on Bureau of Management 

21 land in the SWNW sec. 3, T. 39 S., R. 11 W., 

22 to the junction with LaVerkin Creek and the 

23 segment from the headwaters north of Long 

24 Point to the junction with LaVerkin Creek and 

25 adjacent land rim-to-rim, as a wild river. 
246 

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1 ‘‘(I) HOP VALLEY CREEK.—The 3.3-mile 

2 segment beginning at the southern boundary of 

3 T. 39 S., R. 11 W., sec. 20, to the junction 

with LaVerkin Creek and adjacent land 1 4 ⁄2-mile 

5 wide, as a wild river. 

6 ‘‘(J) CURRENT CREEK.—The 1.4-mile seg7 ment from the head of Current Creek to the 

8 junction with LaVerkin Creek and adjacent 

9 land rim-to-rim, as a wild river. 

10 ‘‘(K) CANE CREEK.—The 0.6-mile segment 

11 from the head of Smith Creek to the junction 

with LaVerkin Creek and adjacent land 1 12 ⁄2-mile 

13 wide, as a wild river. 

14 ‘‘(L) SMITH CREEK.—The 1.3-mile seg15 ment from the head of Smith Creek to the junction with LaVerkin Creek and adjacent land 1 16 ⁄2- 

17 mile wide, as a wild river. 

18 ‘‘(M) NORTH CREEK LEFT AND RIGHT

19 FORKS.—The segment of the Left Fork from 

20 the junction with Wildcat Canyon to the junc21 tion with Right Fork, from the head of Right 

22 Fork to the junction with Left Fork, and from 

23 the junction of the Left and Right Forks south24 west to Zion National Park boundary and adja25 cent land rim-to-rim, as a wild river. 
247 

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1 ‘‘(N) WILDCAT CANYON (BLUE CREEK).— 

2 The segment of Blue Creek from the Zion Na3 tional Park boundary to the junction with the 

4 Right Fork of North Creek and adjacent land 

5 rim-to-rim, as a wild river. 

6 ‘‘(O) LITTLE CREEK.—The segment begin7 ning at the head of Little Creek to the junction 

8 with the Left Fork of North Creek and adjacent land 1 9 ⁄2-mile wide, as a wild river. 

10 ‘‘(P) RUSSELL GULCH.—The segment 

11 from the head of Russell Gulch to the junction 

12 with the Left Fork of North Creek and adja13 cent land rim-to-rim, as a wild river. 

14 ‘‘(Q) GRAPEVINE WASH.—The 2.6-mile 

15 segment from the Lower Kolob Plateau to the 

16 junction with the Left Fork of North Creek and 

17 adjacent land rim-to-rim, as a scenic river. 

18 ‘‘(R) PINE SPRING WASH.—The 4.6-mile 

19 segment to the junction with the left fork of 

North Creek and adjacent land 1 20 ⁄2-mile, as a 

21 scenic river. 

22 ‘‘(S) WOLF SPRINGS WASH.—The 1.4-mile 

23 segment from the head of Wolf Springs Wash 

24 to the junction with Pine Spring Wash and adjacent land 1 25 ⁄2-mile wide, as a scenic river. 
248 

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1 ‘‘(T) KOLOB CREEK.—The 5.9-mile seg2 ment of Kolob Creek beginning in T. 39 S., R. 

3 10 W., sec. 30, through Bureau of Land Man4 agement land and Zion National Park land to 

5 the junction with the North Fork of the Virgin 

6 River and adjacent land rim-to-rim, as a wild 

7 river. 

8 ‘‘(U) OAK CREEK.—The 1-mile stretch of 

9 Oak Creek beginning in T. 39 S., R. 10 W., 

10 sec. 19, to the junction with Kolob Creek and 

11 adjacent land rim-to-rim, as a wild river. 

12 ‘‘(V) GOOSE CREEK.—The 4.6-mile seg13 ment of Goose Creek from the head of Goose 

14 Creek to the junction with the North Fork of 

15 the Virgin River and adjacent land rim-to-rim, 

16 as a wild river. 

17 ‘‘(W) DEEP CREEK.—The 5.3-mile seg18 ment of Deep Creek beginning on Bureau of 

19 Land Management land at the northern bound20 ary of T. 39 S., R. 10 W., sec. 23, south to the 

21 junction of the North Fork of the Virgin River 

22 and adjacent land rim-to-rim, as a wild river. 

23 ‘‘(X) NORTH FORK OF THE VIRGIN

24 RIVER.—The 10.8-mile segment of the North 

25 Fork of the Virgin River beginning on Bureau 
249 

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1 of Land Management land at the eastern bor2 der of T. 39 S., R. 10 W., sec. 35, to Temple 

3 of Sinawava and adjacent land rim-to-rim, as a 

4 wild river. 

5 ‘‘(Y) NORTH FORK OF THE VIRGIN

6 RIVER.—The 8-mile segment of the North Fork 

7 of the Virgin River from Temple of Sinawava 

8 south to the Zion National Park boundary and 

adjacent land 1 9 ⁄2-mile wide, as a recreational 

10 river. 

11 ‘‘(Z) IMLAY CANYON.—The segment from 

12 the head of Imlay Creek to the junction with 

13 the North Fork of the Virgin River and adja14 cent land rim-to-rim, as a wild river. 

15 ‘‘(AA) ORDERVILLE CANYON.—The seg16 ment from the eastern boundary of Zion Na17 tional Park to the junction with the North Fork 

18 of the Virgin River and adjacent land rim-to19 rim, as a wild river. 

20 ‘‘(BB) MYSTERY CANYON.—The segment 

21 from the head of Mystery Canyon to the junc22 tion with the North Fork of the Virgin River 

23 and adjacent land rim-to-rim, as a wild river. 

24 ‘‘(CC) ECHO CANYON.—The segment from 

25 the eastern boundary of Zion National Park to 
250 

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1 the junction with the North Fork of the Virgin 

2 River and adjacent land rim-to-rim, as a wild 

3 river. 

4 ‘‘(DD) BEHUNIN CANYON.—The segment 

5 from the head of Behunin Canyon to the junc6 tion with the North Fork of the Virgin River 

7 and adjacent land rim-to-rim, as a wild river. 

8 ‘‘(EE) HEAPS CANYON.—The segment 

9 from the head of Heaps Canyon to the junction 

10 with the North Fork of the Virgin River and 

11 adjacent land rim-to-rim, as a wild river. 

12 ‘‘(FF) BIRCH CREEK.—The segment from 

13 the head of Birch Creek to the junction with 

14 the North Fork of the Virgin River and adjacent land 1 15 ⁄2-mile wide, as a wild river. 

16 ‘‘(GG) OAK CREEK.—The segment of Oak 

17 Creek from the head of Oak Creek to where the 

forks join and adjacent land 1 18 ⁄2-mile wide, as a 

19 wild river. 

20 ‘‘(HH) OAK CREEK.—The 1-mile segment 

21 of Oak Creek from the point at which the 2 

22 forks of Oak Creek join to the junction with the 

23 North Fork of the Virgin River and adjacent 

land 1 24 ⁄2-mile wide, as a recreational river. 
251 

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1 ‘‘(II) CLEAR CREEK.—The 6.4-mile seg2 ment of Clear Creek from the eastern boundary 

3 of Zion National Park to the junction with Pine 

4 Creek and adjacent land rim-to-rim, as a rec5 reational river. 

6 ‘‘(JJ) PINE CREEK .—The 2-mile segment 

7 of Pine Creek from the head of Pine Creek to 

8 the junction with Clear Creek and adjacent land 

9 rim-to-rim, as a wild river. 

10 ‘‘(KK) PINE CREEK.—The 3-mile segment 

11 of Pine Creek from the junction with Clear 

12 Creek to the junction with the North Fork of 

13 the Virgin River and adjacent land rim-to-rim, 

14 as a recreational river. 

15 ‘‘(LL) EAST FORK OF THE VIRGIN

16 RIVER.—The 8-mile segment of the East Fork 

17 of the Virgin River from the eastern boundary 

18 of Zion National Park through Parunuweap 

19 Canyon to the western boundary of Zion National Park and adjacent land 1 20 ⁄2-mile wide, as 

21 a wild river. 

22 ‘‘(MM) SHUNES CREEK.—The 3-mile seg23 ment of Shunes Creek from the dry waterfall on 

24 land administered by the Bureau of Land Man25 agement through Zion National Park to the 
252 

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1 western boundary of Zion National Park and 

adjacent land 1 2 ⁄2-mile wide as a wild river.’’. 

3 (b) INCORPORATION OF ACQUIRED NON-FEDERAL

4 LAND.—If the United States acquires any non-Federal 

5 land within or adjacent to Zion National Park that in6 cludes a river segment that is contiguous to a river seg7 ment of the Virgin River designated as a wild, scenic, or 

8 recreational river by paragraph (204) of section 3(a) of 

9 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

10 added by subsection (a)), the acquired river segment shall 

11 be incorporated in, and be administered as part of, the 

12 applicable wild, scenic, or recreational river. 

13 (c) SAVINGS CLAUSE.—The amendment made by 

14 subsection (a) does not affect the agreement among the 

15 United States, the State, the Washington County Water 

16 Conservancy District, and the Kane County Water Con17 servancy District entitled ‘‘Zion National Park Water 

18 Rights Settlement Agreement’’ and dated December 4, 

19 1996. 

20 SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAV21 EL AND TRANSPORTATION MANAGEMENT 

22 PLAN. 

23 (a) DEFINITIONS.—In this section: 

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

25 the Secretary of the Interior. 
253 

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1 (2) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) with respect to land managed by the 

4 Bureau of Land Management, the Secretary; 

5 and 

6 (B) with respect to land managed by the 

7 Forest Service, the Secretary of Agriculture. 

8 (3) TRAIL.—The term ‘‘trail’’ means the High 

9 Desert Off-Highway Vehicle Trail designated under 

10 subsection (c)(1)(A). 

11 (4) TRAVEL MANAGEMENT PLAN.—The term 

12 ‘‘travel management plan’’ means the comprehensive 

13 travel and transportation management plan devel14 oped under subsection (b)(1). 

15 (b) COMPREHENSIVE TRAVEL AND TRANSPORTATION

16 MANAGEMENT PLAN.— 

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

18 the date of enactment of this Act, in accordance 

19 with the Federal Land Policy and Management Act 

20 of 1976 (43 U.S.C. 1701 et seq.) and other applica21 ble laws (including regulations), the Secretary, in 

22 consultation with appropriate Federal agencies and 

23 State, tribal, and local governmental entities, and 

24 after an opportunity for public comment, shall de25 velop a comprehensive travel management plan for 
254 

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1 the land managed by the Bureau of Land Manage2 ment in the County— 

3 (A) to provide to the public a clearly 

4 marked network of roads and trails with signs 

5 and maps to promote— 

6 (i) public safety and awareness; and 

7 (ii) enhanced recreation and general 

8 access opportunities; 

9 (B) to help reduce in the County growing 

10 conflicts arising from interactions between— 

11 (i) motorized recreation; and 

12 (ii) the important resource values of 

13 public land; 

14 (C) to promote citizen-based opportunities 

15 for— 

16 (i) the monitoring and stewardship of 

17 the trail; and 

18 (ii) trail system management; and 

19 (D) to support law enforcement officials in 

20 promoting— 

21 (i) compliance with off-highway vehi22 cle laws (including regulations); and 

23 (ii) effective deterrents of abuses of 

24 public land. 
255 

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1 (2) SCOPE; CONTENTS.—In developing the trav2 el management plan, the Secretary shall— 

3 (A) in consultation with appropriate Fed4 eral agencies, State, tribal, and local govern5 mental entities (including the County and St. 

6 George City, Utah), and the public, identify 1 

7 or more alternatives for a northern transpor8 tation route in the County; 

9 (B) ensure that the travel management 

10 plan contains a map that depicts the trail; and 

11 (C) designate a system of areas, roads, and 

12 trails for mechanical and motorized use. 

13 (c) DESIGNATION OF TRAIL.— 

14 (1) DESIGNATION.— 

15 (A) IN GENERAL.—As a component of the 

16 travel management plan, and in accordance 

17 with subparagraph (B), the Secretary, in co18 ordination with the Secretary of Agriculture, 

19 and after an opportunity for public comment, 

20 shall designate a trail (which may include a sys21 tem of trails)— 

22 (i) for use by off-highway vehicles; 

23 and 

24 (ii) to be known as the ‘‘High Desert 

25 Off-Highway Vehicle Trail’’. 
256 

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1 (B) REQUIREMENTS.—In designating the 

2 trail, the Secretary shall only include trails that 

3 are— 

4 (i) as of the date of enactment of this 

5 Act, authorized for use by off-highway ve6 hicles; and 

7 (ii) located on land that is managed 

8 by the Bureau of Land Management in the 

9 County. 

10 (C) NATIONAL FOREST LAND.—The Sec11 retary of Agriculture, in coordination with the 

12 Secretary and in accordance with applicable 

13 law, may designate a portion of the trail on Na14 tional Forest System land within the County. 

15 (D) MAP.—A map that depicts the trail 

16 shall be on file and available for public inspec17 tion in the appropriate offices of— 

18 (i) the Bureau of Land Management; 

19 and 

20 (ii) the Forest Service. 

21 (2) MANAGEMENT.— 

22 (A) IN GENERAL.—The Secretary con23 cerned shall manage the trail— 

24 (i) in accordance with applicable laws 

25 (including regulations); 
257 

•S 22 ES

1 (ii) to ensure the safety of citizens 

2 who use the trail; and 

3 (iii) in a manner by which to minimize 

4 any damage to sensitive habitat or cultural 

5 resources. 

6 (B) MONITORING; EVALUATION.—To mini7 mize the impacts of the use of the trail on envi8 ronmental and cultural resources, the Secretary 

9 concerned shall— 

10 (i) annually assess the effects of the 

11 use of off-highway vehicles on— 

12 (I) the trail; and 

13 (II) land located in proximity to 

14 the trail; and 

15 (ii) in consultation with the Utah De16 partment of Natural Resources, annually 

17 assess the effects of the use of the trail on 

18 wildlife and wildlife habitat. 

19 (C) CLOSURE.—The Secretary concerned, 

20 in consultation with the State and the County, 

21 and subject to subparagraph (D), may tempo22 rarily close or permanently reroute a portion of 

23 the trail if the Secretary concerned determines 

24 that— 
258 

•S 22 ES

1 (i) the trail is having an adverse im2 pact on— 

3 (I) wildlife habitats; 

4 (II) natural resources; 

5 (III) cultural resources; or 

6 (IV) traditional uses; 

7 (ii) the trail threatens public safety; 

8 or 

9 (iii) closure of the trail is necessary— 

10 (I) to repair damage to the trail; 

11 or 

12 (II) to repair resource damage. 

13 (D) REROUTING.—Any portion of the trail 

14 that is temporarily closed by the Secretary con15 cerned under subparagraph (C) may be perma16 nently rerouted along any road or trail— 

17 (i) that is— 

18 (I) in existence as of the date of 

19 the closure of the portion of the trail; 

20 (II) located on public land; and 

21 (III) open to motorized use; and 

22 (ii) if the Secretary concerned deter23 mines that rerouting the portion of the 

24 trail would not significantly increase or de25 crease the length of the trail. 
259 

•S 22 ES

1 (E) NOTICE OF AVAILABLE ROUTES.—The 

2 Secretary, in coordination with the Secretary of 

3 Agriculture, shall ensure that visitors to the 

4 trail have access to adequate notice relating to 

5 the availability of trail routes through— 

6 (i) the placement of appropriate sign7 age along the trail; and 

8 (ii) the distribution of maps, safety 

9 education materials, and other information 

10 that the Secretary concerned determines to 

11 be appropriate. 

12 (3) EFFECT.—Nothing in this section affects 

13 the ownership, management, or other rights relating 

14 to any non-Federal land (including any interest in 

15 any non-Federal land). 

16 SEC. 1978. LAND DISPOSAL AND ACQUISITION. 

17 (a) IN GENERAL.—Consistent with applicable law, 

18 the Secretary of the Interior may sell public land located 

19 within Washington County, Utah, that, as of July 25, 

20 2000, has been identified for disposal in appropriate re21 source management plans. 

22 (b) USE OF PROCEEDS.— 

23 (1) IN GENERAL.—Notwithstanding any other 

24 provision of law (other than a law that specifically 

25 provides for a portion of the proceeds of a land sale 
260 

•S 22 ES

1 to be distributed to any trust fund of the State), 

2 proceeds from the sale of public land under sub3 section (a) shall be deposited in a separate account 

4 in the Treasury to be known as the ‘‘Washington 

5 County, Utah Land Acquisition Account’’. 

6 (2) AVAILABILITY.— 

7 (A) IN GENERAL.—Amounts in the ac8 count shall be available to the Secretary, with9 out further appropriation, to purchase from 

10 willing sellers lands or interests in land within 

11 the wilderness areas and National Conservation 

12 Areas established by this subtitle. 

13 (B) APPLICABILITY.—Any purchase of 

14 land or interest in land under subparagraph (A) 

15 shall be in accordance with applicable law. 

16 SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS. 

17 (a) IN GENERAL.—In accordance with applicable 

18 Federal laws (including regulations), the Secretary of the 

19 Interior shall— 

20 (1) identify areas located in the County where 

21 biological conservation is a priority; and 

22 (2) undertake activities to conserve and restore 

23 plant and animal species and natural communities 

24 within such areas. 
261 

•S 22 ES

1 (b) GRANTS; COOPERATIVE AGREEMENTS.—In car2 rying out subsection (a), the Secretary of the Interior may 

3 make grants to, or enter into cooperative agreements with, 

4 State, tribal, and local governmental entities and private 

5 entities to conduct research, develop scientific analyses, 

6 and carry out any other initiative relating to the restora7 tion or conservation of the areas. 

8 SEC. 1980. PUBLIC PURPOSE CONVEYANCES. 

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

10 planning requirements of sections 202 and 203 of the Fed11 eral Land Policy and Management Act of 1976 (43 U.S.C. 

12 1712, 1713), upon the request of the appropriate local 

13 governmental entity, as described below, the Secretary 

14 shall convey the following parcels of public land without 

15 consideration, subject to the provisions of this section: 

16 (1) TEMPLE QUARRY.—The approximately 122- 

17 acre parcel known as ‘‘Temple Quarry’’ as generally 

18 depicted on the Washington County Growth and 

19 Conservation Act Map as ‘‘Parcel B’’, to the City of 

20 St. George, Utah, for open space and public recre21 ation purposes. 

22 (2) HURRICANE CITY SPORTS PARK.—The ap23 proximately 41-acre parcel as generally depicted on 

24 the Washington County Growth and Conservation 

25 Act Map as ‘‘Parcel C’’, to the City of Hurricane, 
262 

•S 22 ES

1 Utah, for public recreation purposes and public ad2 ministrative offices. 

3 (3) WASHINGTON COUNTY SCHOOL DISTRICT.— 

4 The approximately 70-acre parcel as generally de5 picted on the Washington County Growth and Con6 servation Act Map as ‘‘Parcel D’’, to the Wash7 ington County Public School District for use for 

8 public school and related educational and adminis9 trative purposes. 

10 (4) WASHINGTON COUNTY JAIL.—The approxi11 mately 80-acre parcel as generally depicted on the 

12 Washington County Growth and Conservation Act 

13 Map as ‘‘Parcel E’’, to Washington County, Utah, 

14 for expansion of the Purgatory Correctional Facility. 

15 (5) HURRICANE EQUESTRIAN PARK.—The ap16 proximately 40-acre parcel as generally depicted on 

17 the Washington County Growth and Conservation 

18 Act Map as ‘‘Parcel F’’, to the City of Hurricane, 

19 Utah, for use as a public equestrian park. 

20 (b) MAP AND LEGAL DESCRIPTIONS.—As soon as 

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

22 Secretary shall finalize legal descriptions of the parcels to 

23 be conveyed under this section. The Secretary may correct 

24 any minor errors in the map referenced in subsection (a) 

25 or in the applicable legal descriptions. The map and legal 
263 

•S 22 ES

1 descriptions shall be on file and available for public inspec2 tion in the appropriate offices of the Bureau of Land Man3 agement. 

4 (c) REVERSION.— 

5 (1) IN GENERAL.—If any parcel conveyed under 

6 this section ceases to be used for the public purpose 

7 for which the parcel was conveyed, as described in 

8 subsection (a), the land shall, at the discretion of the 

9 Secretary based on his determination of the best in10 terests of the United States, revert to the United 

11 States. 

12 (2) RESPONSIBILITY OF LOCAL GOVERNMENTAL

13 ENTITY.—If the Secretary determines pursuant to 

14 paragraph (1) that the land should revert to the 

15 United States, and if the Secretary determines that 

16 the land is contaminated with hazardous waste, the 

17 local governmental entity to which the land was con18 veyed shall be responsible for remediation of the con19 tamination. 

20 SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST 

21 LAND. 

22 (a) DEFINITIONS.—In this section: 

23 (1) COVERED FEDERAL LAND.—The term ‘‘cov24 ered Federal land’’ means the approximately 66.07 
264 

•S 22 ES

1 acres of land in the Dixie National Forest in the 

2 State, as depicted on the map. 

3 (2) LANDOWNER.—The term ‘‘landowner’’ 

4 means Kirk R. Harrison, who owns land in Pinto 

5 Valley, Utah. 

6 (3) MAP.—The term ‘‘map’’ means the map en7 titled ‘‘Conveyance of Dixie National Forest Land’’ 

8 and dated December 18, 2008. 

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

10 the Secretary of Agriculture. 

11 (b) CONVEYANCE.— 

12 (1) IN GENERAL.—The Secretary may convey 

13 to the landowner all right, title, and interest of the 

14 United States in and to any of the covered Federal 

15 land (including any improvements or appurtenances 

16 to the covered Federal land) by sale or exchange. 

17 (2) LEGAL DESCRIPTION.—The exact acreage 

18 and legal description of the covered Federal land to 

19 be conveyed under paragraph (1) shall be deter20 mined by surveys satisfactory to the Secretary. 

21 (3) CONSIDERATION.— 

22 (A) IN GENERAL.—As consideration for 

23 any conveyance by sale under paragraph (1), 

24 the landowner shall pay to the Secretary an 

25 amount equal to the fair market value of any 
265 

•S 22 ES

1 Federal land conveyed, as determined under 

2 subparagraph (B). 

3 (B) APPRAISAL.—The fair market value of 

4 any Federal land that is conveyed under para5 graph (1) shall be determined by an appraisal 

6 acceptable to the Secretary that is performed in 

7 accordance with— 

8 (i) the Uniform Appraisal Standards 

9 for Federal Land Acquisitions; 

10 (ii) the Uniform Standards of Profes11 sional Appraisal Practice; and 

12 (iii) any other applicable law (includ13 ing regulations). 

14 (4) DISPOSITION AND USE OF PROCEEDS.— 

15 (A) DISPOSITION OF PROCEEDS.—The 

16 Secretary shall deposit the proceeds of any sale 

17 of land under paragraph (1) in the fund estab18 lished under Public Law 90–171 (commonly 

19 known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

20 (B) USE OF PROCEEDS.—Amounts depos21 ited under subparagraph (A) shall be available 

22 to the Secretary, without further appropriation 

23 and until expended, for the acquisition of real 

24 property or interests in real property for inclu25 sion in the Dixie National Forest in the State. 
266 

•S 22 ES

1 (5) ADDITIONAL TERMS AND CONDITIONS.— 

2 The Secretary may require any additional terms and 

3 conditions for any conveyance under paragraph (1) 

4 that the Secretary determines to be appropriate to 

5 protect the interests of the United States. 

6 SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS 

7 BAND OF PAIUTE INDIANS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) PARCEL A.—The term ‘‘Parcel A’’ means 

10 the parcel that consists of approximately 640 acres 

11 of land that is— 

12 (A) managed by the Bureau of Land Man13 agement; 

14 (B) located in Washington County, Utah; 

15 and 

16 (C) depicted on the map entitled ‘‘Wash17 ington County Growth and Conservation Act 

18 Map’’. 

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

20 the Secretary of the Interior. 

21 (3) TRIBE.—The term ‘‘Tribe’’ means the 

22 Shivwits Band of Paiute Indians of the State of 

23 Utah. 

24 (b) PARCEL TO BE HELD IN TRUST.— 
267 

•S 22 ES

1 (1) IN GENERAL.—At the request of the Tribe, 

2 the Secretary shall take into trust for the benefit of 

3 the Tribe all right, title, and interest of the United 

4 States in and to Parcel A. 

5 (2) SURVEY; LEGAL DESCRIPTION.— 

6 (A) SURVEY.—Not later than 180 days 

7 after the date of enactment of this Act, the Sec8 retary, acting through the Director of the Bu9 reau of Land Management, shall complete a 

10 survey of Parcel A to establish the boundary of 

11 Parcel A. 

12 (B) LEGAL DESCRIPTION OF PARCEL A.— 

13 (i) IN GENERAL.—Upon the comple14 tion of the survey under subparagraph (A), 

15 the Secretary shall publish in the Federal 

16 Register a legal description of— 

17 (I) the boundary line of Parcel A; 

18 and 

19 (II) Parcel A. 

20 (ii) TECHNICAL CORRECTIONS.—Be21 fore the date of publication of the legal de22 scriptions under clause (i), the Secretary 

23 may make minor corrections to correct 

24 technical and clerical errors in the legal de25 scriptions. 
268 

•S 22 ES

1 (iii) EFFECT.—Effective beginning on 

2 the date of publication of the legal descrip3 tions under clause (i), the legal descrip4 tions shall be considered to be the official 

5 legal descriptions of Parcel A. 

6 (3) EFFECT.—Nothing in this section— 

7 (A) affects any valid right in existence on 

8 the date of enactment of this Act; 

9 (B) enlarges, impairs, or otherwise affects 

10 any right or claim of the Tribe to any land or 

11 interest in land other than to Parcel A that 

12 is— 

13 (i) based on an aboriginal or Indian 

14 title; and 

15 (ii) in existence as of the date of en16 actment of this Act; or 

17 (C) constitutes an express or implied res18 ervation of water or a water right with respect 

19 to Parcel A. 

20 (4) LAND TO BE MADE A PART OF THE RES21 ERVATION.—Land taken into trust pursuant to this 

22 section shall be considered to be part of the reserva23 tion of the Tribe. 
269 

•S 22 ES

1 SEC. 1983. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this subtitle. 

4 TITLE II—BUREAU OF LAND 

5 MANAGEMENT AUTHORIZA6 TIONS 

7 Subtitle A—National Landscape 

8 Conservation System 

9 SEC. 2001. DEFINITIONS. 

10 In this subtitle: 

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

12 the Secretary of the Interior. 

13 (2) SYSTEM.—The term ‘‘system’’ means the 

14 National Landscape Conservation System estab15 lished by section 2002(a). 

16 SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE 

17 CONSERVATION SYSTEM. 

18 (a) ESTABLISHMENT.—In order to conserve, protect, 

19 and restore nationally significant landscapes that have 

20 outstanding cultural, ecological, and scientific values for 

21 the benefit of current and future generations, there is es22 tablished in the Bureau of Land Management the Na23 tional Landscape Conservation System. 

24 (b) COMPONENTS.—The system shall include each of 

25 the following areas administered by the Bureau of Land 

26 Management: 
270 

•S 22 ES

1 (1) Each area that is designated as— 

2 (A) a national monument; 

3 (B) a national conservation area; 

4 (C) a wilderness study area; 

5 (D) a national scenic trail or national his6 toric trail designated as a component of the Na7 tional Trails System; 

8 (E) a component of the National Wild and 

9 Scenic Rivers System; or 

10 (F) a component of the National Wilder11 ness Preservation System. 

12 (2) Any area designated by Congress to be ad13 ministered for conservation purposes, including— 

14 (A) the Steens Mountain Cooperative Man15 agement and Protection Area; 

16 (B) the Headwaters Forest Reserve; 

17 (C) the Yaquina Head Outstanding Nat18 ural Area; 

19 (D) public land within the California 

20 Desert Conservation Area administered by the 

21 Bureau of Land Management for conservation 

22 purposes; and 

23 (E) any additional area designated by Con24 gress for inclusion in the system. 
271 

•S 22 ES

1 (c) MANAGEMENT.—The Secretary shall manage the 

2 system— 

3 (1) in accordance with any applicable law (in4 cluding regulations) relating to any component of 

5 the system included under subsection (b); and 

6 (2) in a manner that protects the values for 

7 which the components of the system were des8 ignated. 

9 (d) EFFECT.— 

10 (1) IN GENERAL.—Nothing in this subtitle en11 hances, diminishes, or modifies any law or proclama12 tion (including regulations relating to the law or 

13 proclamation) under which the components of the 

14 system described in subsection (b) were established 

15 or are managed, including— 

16 (A) the Alaska National Interest Lands 

17 Conservation Act (16 U.S.C. 3101 et seq.); 

18 (B) the Wilderness Act (16 U.S.C. 1131 et 

19 seq.); 

20 (C) the Wild and Scenic Rivers Act (16 

21 U.S.C. 1271 et seq.); 

22 (D) the National Trails System Act (16 

23 U.S.C. 1241 et seq.); and 

24 (E) the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1701 et seq.). 
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1 (2) FISH AND WILDLIFE.—Nothing in this sub2 title shall be construed as affecting the authority, ju3 risdiction, or responsibility of the several States to 

4 manage, control, or regulate fish and resident wild5 life under State law or regulations, including the 

6 regulation of hunting, fishing, trapping and rec7 reational shooting on public land managed by the 

8 Bureau of Land Management. Nothing in this sub9 title shall be construed as limiting access for hunt10 ing, fishing, trapping, or recreational shooting. 

11 SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated such sums 

13 as are necessary to carry out this subtitle. 

14 Subtitle B—Prehistoric Trackways 

15 National Monument 

16 SEC. 2101. FINDINGS. 

17 Congress finds that— 

18 (1) in 1987, a major deposit of Paleozoic Era 

19 fossilized footprint megatrackways was discovered in 

20 the Robledo Mountains in southern New Mexico; 

21 (2) the trackways contain footprints of numer22 ous amphibians, reptiles, and insects (including pre23 viously unknown species), plants, and petrified wood 

24 dating back approximately 280,000,000 years, which 

25 collectively provide new opportunities to understand 
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1 animal behaviors and environments from a time pre2 dating the dinosaurs; 

3 (3) title III of Public Law 101–578 (104 Stat. 

4 2860)— 

5 (A) provided interim protection for the site 

6 at which the trackways were discovered; and 

7 (B) directed the Secretary of the Interior 

8 to— 

9 (i) prepare a study assessing the sig10 nificance of the site; and 

11 (ii) based on the study, provide rec12 ommendations for protection of the paleon13 tological resources at the site; 

14 (4) the Bureau of Land Management completed 

15 the Paleozoic Trackways Scientific Study Report in 

16 1994, which characterized the site as containing 

17 ‘‘the most scientifically significant Early Permian 

18 tracksites’’ in the world; 

19 (5) despite the conclusion of the study and the 

20 recommendations for protection, the site remains un21 protected and many irreplaceable trackways speci22 mens have been lost to vandalism or theft; and 

23 (6) designation of the trackways site as a Na24 tional Monument would protect the unique fossil re25 sources for present and future generations while al-
274 

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1 lowing for public education and continued scientific 

2 research opportunities. 

3 SEC. 2102. DEFINITIONS. 

4 In this subtitle: 

5 (1) MONUMENT.—The term ‘‘Monument’’ 

6 means the Prehistoric Trackways National Monu7 ment established by section 2103(a). 

8 (2) PUBLIC LAND.—The term ‘‘public land’’ 

9 has the meaning given the term ‘‘public lands’’ in 

10 section 103 of the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1702). 

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

13 the Secretary of the Interior. 

14 SEC. 2103. ESTABLISHMENT. 

15 (a) IN GENERAL.—In order to conserve, protect, and 

16 enhance the unique and nationally important paleontolog17 ical, scientific, educational, scenic, and recreational re18 sources and values of the public land described in sub19 section (b), there is established the Prehistoric Trackways 

20 National Monument in the State of New Mexico. 

21 (b) DESCRIPTION OF LAND.—The Monument shall 

22 consist of approximately 5,280 acres of public land in 

23 Don ̃a Ana County, New Mexico, as generally depicted on 

24 the map entitled ‘‘Prehistoric Trackways National Monu25 ment’’ and dated December 17, 2008. 
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1 (c) MAP; LEGAL DESCRIPTION.— 

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

3 the date of enactment of this Act, the Secretary 

4 shall prepare and submit to Congress an official map 

5 and legal description of the Monument. 

6 (2) CORRECTIONS.—The map and legal descrip7 tion submitted under paragraph (1) shall have the 

8 same force and effect as if included in this subtitle, 

9 except that the Secretary may correct any clerical or 

10 typographical errors in the legal description and the 

11 map. 

12 (3) CONFLICT BETWEEN MAP AND LEGAL DE13 SCRIPTION.—In the case of a conflict between the 

14 map and the legal description, the map shall control. 

15 (4) AVAILABILITY OF MAP AND LEGAL DE16 SCRIPTION.—Copies of the map and legal description 

17 shall be on file and available for public inspection in 

18 the appropriate offices of the Bureau of Land Man19 agement. 

20 (d) MINOR BOUNDARY ADJUSTMENTS.—If additional 

21 paleontological resources are discovered on public land ad22 jacent to the Monument after the date of enactment of 

23 this Act, the Secretary may make minor boundary adjust24 ments to the Monument to include the resources in the 

25 Monument. 
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1 SEC. 2104. ADMINISTRATION. 

2 (a) MANAGEMENT.— 

3 (1) IN GENERAL.—The Secretary shall manage 

4 the Monument— 

5 (A) in a manner that conserves, protects, 

6 and enhances the resources and values of the 

7 Monument, including the resources and values 

8 described in section 2103(a); and 

9 (B) in accordance with— 

10 (i) this subtitle; 

11 (ii) the Federal Land Policy and Man12 agement Act of 1976 (43 U.S.C. 1701 et 

13 seq.); and 

14 (iii) other applicable laws. 

15 (2) NATIONAL LANDSCAPE CONSERVATION SYS16 TEM.—The Monument shall be managed as a com17 ponent of the National Landscape Conservation Sys18 tem. 

19 (b) MANAGEMENT PLAN.— 

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

21 the date of enactment of this Act, the Secretary 

22 shall develop a comprehensive management plan for 

23 the long-term protection and management of the 

24 Monument. 

25 (2) COMPONENTS.—The management plan 

26 under paragraph (1)— 
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1 (A) shall— 

2 (i) describe the appropriate uses and 

3 management of the Monument, consistent 

4 with the provisions of this subtitle; and 

5 (ii) allow for continued scientific re6 search at the Monument during the devel7 opment of the management plan; and 

8 (B) may— 

9 (i) incorporate any appropriate deci10 sions contained in any current manage11 ment or activity plan for the land described 

12 in section 2103(b); and 

13 (ii) use information developed in stud14 ies of any land within or adjacent to the 

15 Monument that were conducted before the 

16 date of enactment of this Act. 

17 (c) AUTHORIZED USES.—The Secretary shall only 

18 allow uses of the Monument that the Secretary determines 

19 would further the purposes for which the Monument has 

20 been established. 

21 (d) INTERPRETATION, EDUCATION, AND SCIENTIFIC

22 RESEARCH.— 

23 (1) IN GENERAL.—The Secretary shall provide 

24 for public interpretation of, and education and sci25 entific research on, the paleontological resources of 
278 

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1 the Monument, with priority given to exhibiting and 

2 curating the resources in Don ̃a Ana County, New 

3 Mexico. 

4 (2) COOPERATIVE AGREEMENTS.—The Sec5 retary may enter into cooperative agreements with 

6 appropriate public entities to carry out paragraph 

7 (1). 

8 (e) SPECIAL MANAGEMENT AREAS.— 

9 (1) IN GENERAL.—The establishment of the 

10 Monument shall not change the management status 

11 of any area within the boundary of the Monument 

12 that is— 

13 (A) designated as a wilderness study area 

14 and managed in accordance with section 603(c) 

15 of the Federal Land Policy and Management 

16 Act of 1976 (43 U.S.C. 1782(c)); or 

17 (B) managed as an area of critical environ18 ment concern. 

19 (2) CONFLICT OF LAWS.—If there is a conflict 

20 between the laws applicable to the areas described in 

21 paragraph (1) and this subtitle, the more restrictive 

22 provision shall control. 

23 (f) MOTORIZED VEHICLES.— 

24 (1) IN GENERAL.—Except as needed for admin25 istrative purposes or to respond to an emergency, 
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1 the use of motorized vehicles in the Monument shall 

2 be allowed only on roads and trails designated for 

3 use by motorized vehicles under the management 

4 plan prepared under subsection (b). 

5 (2) PERMITTED EVENTS.—The Secretary may 

6 issue permits for special recreation events involving 

7 motorized vehicles within the boundaries of the 

8 Monument— 

9 (A) to the extent the events do not harm 

10 paleontological resources; and 

11 (B) subject to any terms and conditions 

12 that the Secretary determines to be necessary. 

13 (g) WITHDRAWALS.—Subject to valid existing rights, 

14 any Federal land within the Monument and any land or 

15 interest in land that is acquired by the United States for 

16 inclusion in the Monument after the date of enactment 

17 of this Act are withdrawn from— 

18 (1) entry, appropriation, or disposal under the 

19 public land laws; 

20 (2) location, entry, and patent under the mining 

21 laws; and 

22 (3) operation of the mineral leasing laws, geo23 thermal leasing laws, and minerals materials laws. 

24 (h) GRAZING.—The Secretary may allow grazing to 

25 continue in any area of the Monument in which grazing 
280 

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1 is allowed before the date of enactment of this Act, subject 

2 to applicable laws (including regulations). 

3 (i) WATER RIGHTS.—Nothing in this subtitle con4 stitutes an express or implied reservation by the United 

5 States of any water or water rights with respect to the 

6 Monument. 

7 SEC. 2105. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated such sums 

9 as are necessary to carry out this subtitle. 

10 Subtitle C—Fort Stanton-Snowy 

11 River Cave National Conserva12 tion Area 

13 SEC. 2201. DEFINITIONS. 

14 In this subtitle: 

15 (1) CONSERVATION AREA.—The term ‘‘Con16 servation Area’’ means the Fort Stanton-Snowy 

17 River Cave National Conservation Area established 

18 by section 2202(a). 

19 (2) MANAGEMENT PLAN.—The term ‘‘manage20 ment plan’’ means the management plan developed 

21 for the Conservation Area under section 2203(c). 

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

23 the Secretary of the Interior, acting through the Di24 rector of the Bureau of Land Management. 
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1 SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY 

2 RIVER CAVE NATIONAL CONSERVATION 

3 AREA. 

4 (a) ESTABLISHMENT; PURPOSES.—There is estab5 lished the Fort Stanton-Snowy River Cave National Con6 servation Area in Lincoln County, New Mexico, to protect, 

7 conserve, and enhance the unique and nationally impor8 tant historic, cultural, scientific, archaeological, natural, 

9 and educational subterranean cave resources of the Fort 

10 Stanton-Snowy River cave system. 

11 (b) AREA INCLUDED.—The Conservation Area shall 

12 include the area within the boundaries depicted on the 

13 map entitled ‘‘Fort Stanton-Snowy River Cave National 

14 Conservation Area’’ and dated December 15, 2008. 

15 (c) MAP AND LEGAL DESCRIPTION.— 

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

17 the date of enactment of this Act, the Secretary 

18 shall submit to Congress a map and legal description 

19 of the Conservation Area. 

20 (2) EFFECT.—The map and legal description of 

21 the Conservation Area shall have the same force and 

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

23 Secretary may correct any minor errors in the map 

24 and legal description. 

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

26 description of the Conservation Area shall be avail-
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1 able for public inspection in the appropriate offices 

2 of the Bureau of Land Management. 

3 SEC. 2203. MANAGEMENT OF THE CONSERVATION AREA. 

4 (a) MANAGEMENT.— 

5 (1) IN GENERAL.—The Secretary shall manage 

6 the Conservation Area— 

7 (A) in a manner that conserves, protects, 

8 and enhances the resources and values of the 

9 Conservation Area, including the resources and 

10 values described in section 2202(a); and 

11 (B) in accordance with— 

12 (i) this subtitle; 

13 (ii) the Federal Land Policy and Man14 agement Act of 1976 (43 U.S.C. 1701 et 

15 seq.); and 

16 (iii) any other applicable laws. 

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

18 of the Conservation Area that are consistent with 

19 the protection of the cave resources. 

20 (3) REQUIREMENTS.—In administering the 

21 Conservation Area, the Secretary shall provide for— 

22 (A) the conservation and protection of the 

23 natural and unique features and environs for 

24 scientific, educational, and other appropriate 

25 public uses of the Conservation Area; 
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1 (B) public access, as appropriate, while 

2 providing for the protection of the cave re3 sources and for public safety; 

4 (C) the continuation of other existing uses 

5 or other new uses of the Conservation Area that 

6 do not impair the purposes for which the Con7 servation Area is established; 

8 (D) management of the surface area of the 

9 Conservation Area in accordance with the Fort 

10 Stanton Area of Critical Environmental Con11 cern Final Activity Plan dated March, 2001, or 

12 any amendments to the plan, consistent with 

13 this subtitle; and 

14 (E) scientific investigation and research 

15 opportunities within the Conservation Area, in16 cluding through partnerships with colleges, uni17 versities, schools, scientific institutions, re18 searchers, and scientists to conduct research 

19 and provide educational and interpretive serv20 ices within the Conservation Area. 

21 (b) WITHDRAWALS.—Subject to valid existing rights, 

22 all Federal surface and subsurface land within the Con23 servation Area and all land and interests in the land that 

24 are acquired by the United States after the date of enact-
284 

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1 ment of this Act for inclusion in the Conservation Area, 

2 are withdrawn from— 

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

4 under the general land laws; 

5 (2) location, entry, and patent under the mining 

6 laws; and 

7 (3) operation under the mineral leasing and 

8 geothermal leasing laws. 

9 (c) MANAGEMENT PLAN.— 

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

11 the date of enactment of this Act, the Secretary 

12 shall develop a comprehensive plan for the long-term 

13 management of the Conservation Area. 

14 (2) PURPOSES.—The management plan shall— 

15 (A) describe the appropriate uses and 

16 management of the Conservation Area; 

17 (B) incorporate, as appropriate, decisions 

18 contained in any other management or activity 

19 plan for the land within or adjacent to the Con20 servation Area; 

21 (C) take into consideration any informa22 tion developed in studies of the land and re23 sources within or adjacent to the Conservation 

24 Area; and 
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1 (D) provide for a cooperative agreement 

2 with Lincoln County, New Mexico, to address 

3 the historical involvement of the local commu4 nity in the interpretation and protection of the 

5 resources of the Conservation Area. 

6 (d) RESEARCH AND INTERPRETIVE FACILITIES.— 

7 (1) IN GENERAL.—The Secretary may establish 

8 facilities for— 

9 (A) the conduct of scientific research; and 

10 (B) the interpretation of the historical, cul11 tural, scientific, archaeological, natural, and 

12 educational resources of the Conservation Area. 

13 (2) COOPERATIVE AGREEMENTS.—The Sec14 retary may, in a manner consistent with this sub15 title, enter into cooperative agreements with the 

16 State of New Mexico and other institutions and or17 ganizations to carry out the purposes of this sub18 title. 

19 (e) WATER RIGHTS.—Nothing in this subtitle con20 stitutes an express or implied reservation of any water 

21 right. 

22 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

24 as are necessary to carry out this subtitle. 
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1 Subtitle D—Snake River Birds of 

2 Prey National Conservation Area 

3 SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CON4 SERVATION AREA. 

5 (a) RENAMING.—Public Law 103–64 is amended— 

6 (1) in section 2(2) (16 U.S.C. 460iii–1(2)), by 

7 inserting ‘‘Morley Nelson’’ before ‘‘Snake River 

8 Birds of Prey National Conservation Area’’; and 

9 (2) in section 3(a)(1) (16 U.S.C. 460iii– 

10 2(a)(1)), by inserting ‘‘Morley Nelson’’ before 

11 ‘‘Snake River Birds of Prey National Conservation 

12 Area’’. 

13 (b) REFERENCES.—Any reference in a law, map, reg14 ulation, document, paper, or other record of the United 

15 States to the Snake River Birds of Prey National Con16 servation Area shall be deemed to be a reference to the 

17 Morley Nelson Snake River Birds of Prey National Con18 servation Area. 

19 (c) TECHNICAL CORRECTIONS.—Public Law 103–64 

20 is further amended— 

21 (1) in section 3(a)(1) (16 U.S.C. 460iii– 

22 2(a)(1)), by striking ‘‘(hereafter referred to as the 

23 ‘conservation area’)’’; and 

24 (2) in section 4 (16 U.S.C. 460iii–3)— 
287 

•S 22 ES

1 (A) in subsection (a)(2), by striking ‘‘Con2 servation Area’’ and inserting ‘‘conservation 

3 area’’; and 

4 (B) in subsection (d), by striking ‘‘Visitors 

5 Center’’ and inserting ‘‘visitors center’’. 

6 Subtitle E—Dominguez-Escalante 

7 National Conservation Area 

8 SEC. 2401. DEFINITIONS. 

9 In this subtitle: 

10 (1) CONSERVATION AREA.—The term ‘‘Con11 servation Area’’ means the Dominguez-Escalante 

12 National Conservation Area established by section 

13 2402(a)(1). 

14 (2) COUNCIL.—The term ‘‘Council’’ means the 

15 Dominguez-Escalante National Conservation Area 

16 Advisory Council established under section 2407. 

17 (3) MANAGEMENT PLAN.—The term ‘‘manage18 ment plan’’ means the management plan developed 

19 under section 2406. 

20 (4) MAP.—The term ‘‘Map’’ means the map en21 titled ‘‘Dominguez-Escalante National Conservation 

22 Area’’ and dated September 15, 2008. 

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

24 the Secretary of the Interior. 
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1 (6) STATE.—The term ‘‘State’’ means the State 

2 of Colorado. 

3 (7) WILDERNESS.—The term ‘‘Wilderness’’ 

4 means the Dominguez Canyon Wilderness Area des5 ignated by section 2403(a). 

6 SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL CONSERVA7 TION AREA. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—There is established the 

10 Dominguez-Escalante National Conservation Area in 

11 the State. 

12 (2) AREA INCLUDED.—The Conservation Area 

13 shall consist of approximately 209,610 acres of pub14 lic land, as generally depicted on the Map. 

15 (b) PURPOSES.—The purposes of the Conservation 

16 Area are to conserve and protect for the benefit and enjoy17 ment of present and future generations— 

18 (1) the unique and important resources and val19 ues of the land, including the geological, cultural, ar20 chaeological, paleontological, natural, scientific, rec21 reational, wilderness, wildlife, riparian, historical, 

22 educational, and scenic resources of the public land; 

23 and 

24 (2) the water resources of area streams, based 

25 on seasonally available flows, that are necessary to 
289 

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1 support aquatic, riparian, and terrestrial species and 

2 communities. 

3 (c) MANAGEMENT.— 

4 (1) IN GENERAL.—The Secretary shall manage 

5 the Conservation Area— 

6 (A) as a component of the National Land7 scape Conservation System; 

8 (B) in a manner that conserves, protects, 

9 and enhances the resources and values of the 

10 Conservation Area described in subsection (b); 

11 and 

12 (C) in accordance with— 

13 (i) the Federal Land Policy and Man14 agement Act of 1976 (43 U.S.C. 1701 et 

15 seq.); 

16 (ii) this subtitle; and 

17 (iii) any other applicable laws. 

18 (2) USES.— 

19 (A) IN GENERAL.—The Secretary shall 

20 allow only such uses of the Conservation Area 

21 as the Secretary determines would further the 

22 purposes for which the Conservation Area is es23 tablished. 

24 (B) USE OF MOTORIZED VEHICLES.— 
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1 (i) IN GENERAL.—Except as provided 

2 in clauses (ii) and (iii), use of motorized 

3 vehicles in the Conservation Area shall be 

4 allowed— 

5 (I) before the effective date of 

6 the management plan, only on roads 

7 and trails designated for use of motor 

8 vehicles in the management plan that 

9 applies on the date of the enactment 

10 of this Act to the public land in the 

11 Conservation Area; and 

12 (II) after the effective date of the 

13 management plan, only on roads and 

14 trails designated in the management 

15 plan for the use of motor vehicles. 

16 (ii) ADMINISTRATIVE AND EMER17 GENCY RESPONSE USE.—Clause (i) shall 

18 not limit the use of motor vehicles in the 

19 Conservation Area for administrative pur20 poses or to respond to an emergency. 

21 (iii) LIMITATION.—This subparagraph 

22 shall not apply to the Wilderness. 

23 SEC. 2403. DOMINGUEZ CANYON WILDERNESS AREA. 

24 (a) IN GENERAL.—In accordance with the Wilderness 

25 Act (16 U.S.C. 1131 et seq.), the approximately 66,280 
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1 acres of public land in Mesa, Montrose, and Delta Coun2 ties, Colorado, as generally depicted on the Map, is des3 ignated as wilderness and as a component of the National 

4 Wilderness Preservation System, to be known as the 

5 ‘‘Dominguez Canyon Wilderness Area’’. 

6 (b) ADMINISTRATION OF WILDERNESS.—The Wilder7 ness shall be managed by the Secretary in accordance with 

8 the Wilderness Act (16 U.S.C. 1131 et seq.) and this sub9 title, except that— 

10 (1) any reference in the Wilderness Act to the 

11 effective date of that Act shall be considered to be 

12 a reference to the date of enactment of this Act; and 

13 (2) any reference in the Wilderness Act to the 

14 Secretary of Agriculture shall be considered to be a 

15 reference to the Secretary of the Interior. 

16 SEC. 2404. MAPS AND LEGAL DESCRIPTIONS. 

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

18 date of enactment of this Act, the Secretary shall file a 

19 map and a legal description of the Conservation Area and 

20 the Wilderness with— 

21 (1) the Committee on Energy and Natural Re22 sources of the Senate; and 

23 (2) the Committee on Natural Resources of the 

24 House of Representatives. 
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1 (b) FORCE AND EFFECT.—The Map and legal de2 scriptions filed under subsection (a) shall have the same 

3 force and effect as if included in this subtitle, except that 

4 the Secretary may correct clerical and typographical er5 rors in the Map and legal descriptions. 

6 (c) PUBLIC AVAILABILITY.—The Map and legal de7 scriptions filed under subsection (a) shall be available for 

8 public inspection in the appropriate offices of the Bureau 

9 of Land Management. 

10 SEC. 2405. MANAGEMENT OF CONSERVATION AREA AND 

11 WILDERNESS. 

12 (a) WITHDRAWAL.—Subject to valid existing rights, 

13 all Federal land within the Conservation Area and the Wil14 derness and all land and interests in land acquired by the 

15 United States within the Conservation Area or the Wilder16 ness is withdrawn from— 

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

18 under the public land laws; 

19 (2) location, entry, and patent under the mining 

20 laws; and 

21 (3) operation of the mineral leasing, mineral 

22 materials, and geothermal leasing laws. 

23 (b) GRAZING.— 

24 (1) GRAZING IN CONSERVATION AREA.—Except 

25 as provided in paragraph (2), the Secretary shall 
293 

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1 issue and administer any grazing leases or permits 

2 in the Conservation Area in accordance with the 

3 laws (including regulations) applicable to the 

4 issuance and administration of such leases and per5 mits on other land under the jurisdiction of the Bu6 reau of Land Management. 

7 (2) GRAZING IN WILDERNESS.—The grazing of 

8 livestock in the Wilderness, if established as of the 

9 date of enactment of this Act, shall be permitted to 

10 continue— 

11 (A) subject to any reasonable regulations, 

12 policies, and practices that the Secretary deter13 mines to be necessary; and 

14 (B) in accordance with— 

15 (i) section 4(d)(4) of the Wilderness 

16 Act (16 U.S.C. 1133(d)(4)); and 

17 (ii) the guidelines set forth in Appen18 dix A of the report of the Committee on 

19 Interior and Insular Affairs of the House 

20 of Representatives accompanying H.R. 

21 2570 of the 101st Congress (H. Rept. 

22 101–405). 

23 (c) NO BUFFER ZONES.— 
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1 (1) IN GENERAL.—Nothing in this subtitle cre2 ates a protective perimeter or buffer zone around the 

3 Conservation Area. 

4 (2) ACTIVITIES OUTSIDE CONSERVATION

5 AREA.—The fact that an activity or use on land out6 side the Conservation Area can be seen or heard 

7 within the Conservation Area shall not preclude the 

8 activity or use outside the boundary of the Conserva9 tion Area. 

10 (d) ACQUISITION OF LAND.— 

11 (1) IN GENERAL.—The Secretary may acquire 

12 non-Federal land within the boundaries of the Con13 servation Area or the Wilderness only through ex14 change, donation, or purchase from a willing seller. 

15 (2) MANAGEMENT.—Land acquired under para16 graph (1) shall— 

17 (A) become part of the Conservation Area 

18 and, if applicable, the Wilderness; and 

19 (B) be managed in accordance with this 

20 subtitle and any other applicable laws. 

21 (e) FIRE, INSECTS, AND DISEASES.—Subject to such 

22 terms and conditions as the Secretary determines to be 

23 desirable and appropriate, the Secretary may undertake 

24 such measures as are necessary to control fire, insects, 

25 and diseases— 
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1 (1) in the Wilderness, in accordance with sec2 tion 4(d)(1) of the Wilderness Act (16 U.S.C. 

3 1133(d)(1)); and 

4 (2) except as provided in paragraph (1), in the 

5 Conservation Area in accordance with this subtitle 

6 and any other applicable laws. 

7 (f) ACCESS.—The Secretary shall continue to provide 

8 private landowners adequate access to inholdings in the 

9 Conservation Area. 

10 (g) INVASIVE SPECIES AND NOXIOUS WEEDS.—In 

11 accordance with any applicable laws and subject to such 

12 terms and conditions as the Secretary determines to be 

13 desirable and appropriate, the Secretary may prescribe 

14 measures to control nonnative invasive plants and noxious 

15 weeds within the Conservation Area. 

16 (h) WATER RIGHTS.— 

17 (1) EFFECT.—Nothing in this subtitle— 

18 (A) affects the use or allocation, in exist19 ence on the date of enactment of this Act, of 

20 any water, water right, or interest in water; 

21 (B) affects any vested absolute or decreed 

22 conditional water right in existence on the date 

23 of enactment of this Act, including any water 

24 right held by the United States; 
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1 (C) affects any interstate water compact in 

2 existence on the date of enactment of this Act; 

3 (D) authorizes or imposes any new re4 served Federal water rights; or 

5 (E) shall be considered to be a relinquish6 ment or reduction of any water rights reserved 

7 or appropriated by the United States in the 

8 State on or before the date of enactment of this 

9 Act. 

10 (2) WILDERNESS WATER RIGHTS.— 

11 (A) IN GENERAL.—The Secretary shall en12 sure that any water rights within the Wilder13 ness required to fulfill the purposes of the Wil14 derness are secured in accordance with sub15 paragraphs (B) through (G). 

16 (B) STATE LAW.— 

17 (i) PROCEDURAL REQUIREMENTS.— 

18 Any water rights within the Wilderness for 

19 which the Secretary pursues adjudication 

20 shall be adjudicated, changed, and admin21 istered in accordance with the procedural 

22 requirements and priority system of State 

23 law. 

24 (ii) ESTABLISHMENT OF WATER

25 RIGHTS.— 
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1 (I) IN GENERAL.—Except as pro2 vided in subclause (II), the purposes 

3 and other substantive characteristics 

4 of the water rights pursued under this 

5 paragraph shall be established in ac6 cordance with State law. 

7 (II) EXCEPTION.—Notwith8 standing subclause (I) and in accord9 ance with this subtitle, the Secretary 

10 may appropriate and seek adjudica11 tion of water rights to maintain sur12 face water levels and stream flows on 

13 and across the Wilderness to fulfill 

14 the purposes of the Wilderness. 

15 (C) DEADLINE.—The Secretary shall 

16 promptly, but not earlier than January 2009, 

17 appropriate the water rights required to fulfill 

18 the purposes of the Wilderness. 

19 (D) REQUIRED DETERMINATION.—The 

20 Secretary shall not pursue adjudication for any 

21 instream flow water rights unless the Secretary 

22 makes a determination pursuant to subpara23 graph (E)(ii) or (F). 

24 (E) COOPERATIVE ENFORCEMENT.— 
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1 (i) IN GENERAL.—The Secretary shall 

2 not pursue adjudication of any Federal 

3 instream flow water rights established 

4 under this paragraph if— 

5 (I) the Secretary determines, 

6 upon adjudication of the water rights 

7 by the Colorado Water Conservation 

8 Board, that the Board holds water 

9 rights sufficient in priority, amount, 

10 and timing to fulfill the purposes of 

11 the Wilderness; and 

12 (II) the Secretary has entered 

13 into a perpetual agreement with the 

14 Colorado Water Conservation Board 

15 to ensure the full exercise, protection, 

16 and enforcement of the State water 

17 rights within the Wilderness to reli18 ably fulfill the purposes of the Wilder19 ness. 

20 (ii) ADJUDICATION.—If the Secretary 

21 determines that the provisions of clause (i) 

22 have not been met, the Secretary shall ad23 judicate and exercise any Federal water 

24 rights required to fulfill the purposes of 
299 

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1 the Wilderness in accordance with this 

2 paragraph. 

3 (F) INSUFFICIENT WATER RIGHTS.—If the 

4 Colorado Water Conservation Board modifies 

5 the instream flow water rights obtained under 

6 subparagraph (E) to such a degree that the 

7 Secretary determines that water rights held by 

8 the State are insufficient to fulfill the purposes 

9 of the Wilderness, the Secretary shall adju10 dicate and exercise Federal water rights re11 quired to fulfill the purposes of the Wilderness 

12 in accordance with subparagraph (B). 

13 (G) FAILURE TO COMPLY.—The Secretary 

14 shall promptly act to exercise and enforce the 

15 water rights described in subparagraph (E) if 

16 the Secretary determines that— 

17 (i) the State is not exercising its 

18 water rights consistent with subparagraph 

19 (E)(i)(I); or 

20 (ii) the agreement described in sub21 paragraph (E)(i)(II) is not fulfilled or com22 plied with sufficiently to fulfill the pur23 poses of the Wilderness. 

24 (3) WATER RESOURCE FACILITY.— 
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1 (A) IN GENERAL.—Notwithstanding any 

2 other provision of law and subject to subpara3 graph (B), beginning on the date of enactment 

4 of this Act, neither the President nor any other 

5 officer, employee, or agent of the United States 

6 shall fund, assist, authorize, or issue a license 

7 or permit for the development of any new irri8 gation and pumping facility, reservoir, water 

9 conservation work, aqueduct, canal, ditch, pipe10 line, well, hydropower project, transmission, 

11 other ancillary facility, or other water, diver12 sion, storage, or carriage structure in the Wil13 derness. 

14 (B) EXCEPTION.—Notwithstanding sub15 paragraph (A), the Secretary may allow con16 struction of new livestock watering facilities 

17 within the Wilderness in accordance with— 

18 (i) section 4(d)(4) of the Wilderness 

19 Act (16 U.S.C. 1133(d)(4)); and 

20 (ii) the guidelines set forth in Appen21 dix A of the report of the Committee on 

22 Interior and Insular Affairs of the House 

23 of Representatives accompanying H.R. 

24 2570 of the 101st Congress (H. Rept. 

25 101–405). 
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1 (4) CONSERVATION AREA WATER RIGHTS.— 

2 With respect to water within the Conservation Area, 

3 nothing in this subtitle— 

4 (A) authorizes any Federal agency to ap5 propriate or otherwise acquire any water right 

6 on the mainstem of the Gunnison River; or 

7 (B) prevents the State from appropriating 

8 or acquiring, or requires the State to appro9 priate or acquire, an instream flow water right 

10 on the mainstem of the Gunnison River. 

11 (5) WILDERNESS BOUNDARIES ALONG GUNNI12 SON RIVER.— 

13 (A) IN GENERAL.—In areas in which the 

14 Gunnison River is used as a reference for defin15 ing the boundary of the Wilderness, the bound16 ary shall— 

17 (i) be located at the edge of the river; 

18 and 

19 (ii) change according to the river 

20 level. 

21 (B) EXCLUSION FROM WILDERNESS.—Re22 gardless of the level of the Gunnison River, no 

23 portion of the Gunnison River is included in the 

24 Wilderness. 

25 (i) EFFECT.—Nothing in this subtitle— 
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1 (1) diminishes the jurisdiction of the State with 

2 respect to fish and wildlife in the State; or 

3 (2) imposes any Federal water quality standard 

4 upstream of the Conservation Area or within the 

5 mainstem of the Gunnison River that is more re6 strictive than would be applicable had the Conserva7 tion Area not been established. 

8 (j) VALID EXISTING RIGHTS.—The designation of 

9 the Conservation Area and Wilderness is subject to valid 

10 rights in existence on the date of enactment of this Act. 

11 SEC. 2406. MANAGEMENT PLAN. 

12 (a) IN GENERAL.—Not later than 3 years after the 

13 date of enactment of this Act, the Secretary shall develop 

14 a comprehensive management plan for the long-term pro15 tection and management of the Conservation Area. 

16 (b) PURPOSES.—The management plan shall— 

17 (1) describe the appropriate uses and manage18 ment of the Conservation Area; 

19 (2) be developed with extensive public input; 

20 (3) take into consideration any information de21 veloped in studies of the land within the Conserva22 tion Area; and 

23 (4) include a comprehensive travel management 

24 plan. 
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1 SEC. 2407. ADVISORY COUNCIL. 

2 (a) ESTABLISHMENT.—Not later than 180 days after 

3 the date of enactment of this Act, the Secretary shall es4 tablish an advisory council, to be known as the 

5 ‘‘Dominguez-Escalante National Conservation Area Advi6 sory Council’’. 

7 (b) DUTIES.—The Council shall advise the Secretary 

8 with respect to the preparation and implementation of the 

9 management plan. 

10 (c) APPLICABLE LAW.—The Council shall be subject 

11 to— 

12 (1) the Federal Advisory Committee Act (5 

13 U.S.C. App.); and 

14 (2) the Federal Land Policy and Management 

15 Act of 1976 (43 U.S.C. 1701 et seq.). 

16 (d) MEMBERS.—The Council shall include 10 mem17 bers to be appointed by the Secretary, of whom, to the 

18 extent practicable— 

19 (1) 1 member shall be appointed after consid20 ering the recommendations of the Mesa County 

21 Commission; 

22 (2) 1 member shall be appointed after consid23 ering the recommendations of the Montrose County 

24 Commission; 
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1 (3) 1 member shall be appointed after consid2 ering the recommendations of the Delta County 

3 Commission; 

4 (4) 1 member shall be appointed after consid5 ering the recommendations of the permittees holding 

6 grazing allotments within the Conservation Area or 

7 the Wilderness; and 

8 (5) 5 members shall reside in, or within reason9 able proximity to, Mesa County, Delta County, or 

10 Montrose County, Colorado, with backgrounds that 

11 reflect— 

12 (A) the purposes for which the Conserva13 tion Area or Wilderness was established; and 

14 (B) the interests of the stakeholders that 

15 are affected by the planning and management 

16 of the Conservation Area and Wilderness. 

17 (e) REPRESENTATION.—The Secretary shall ensure 

18 that the membership of the Council is fairly balanced in 

19 terms of the points of view represented and the functions 

20 to be performed by the Council. 

21 (f) DURATION.—The Council shall terminate on the 

22 date that is 1 year from the date on which the manage23 ment plan is adopted by the Secretary. 
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1 SEC. 2408. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this subtitle. 

4 Subtitle F—Rio Puerco Watershed 

5 Management Program 

6 SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PRO7 GRAM. 

8 (a) RIO PUERCO MANAGEMENT COMMITTEE.—Sec9 tion 401(b) of the Omnibus Parks and Public Lands Man10 agement Act of 1996 (Public Law 104–333; 110 Stat. 

11 4147) is amended— 

12 (1) in paragraph (2)— 

13 (A) by redesignating subparagraphs (I) 

14 through (N) as subparagraphs (J) through (O), 

15 respectively; and 

16 (B) by inserting after subparagraph (H) 

17 the following: 

18 ‘‘(I) the Environmental Protection Agen19 cy;’’; and 

20 (2) in paragraph (4), by striking ‘‘enactment of 

21 this Act’’ and inserting ‘‘enactment of the Omnibus 

22 Public Land Management Act of 2009’’. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 401(e) of the Omnibus Parks and Public Lands Manage25 ment Act of 1996 (Public Law 104–333; 110 Stat. 4148) 

26 is amended by striking ‘‘enactment of this Act’’ and in-
306 

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1 serting ‘‘enactment of the Omnibus Public Land Manage2 ment Act of 2009’’. 

3 Subtitle G—Land Conveyances and 

4 Exchanges 

5 SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES. 

6 (a) DEFINITIONS.—In this section: 

7 (1) CITY.—The term ‘‘City’’ means Carson City 

8 Consolidated Municipality, Nevada. 

9 (2) MAP.—The term ‘‘Map’’ means the map en10 titled ‘‘Carson City, Nevada Area’’, dated November 

11 7, 2008, and on file and available for public inspec12 tion in the appropriate offices of— 

13 (A) the Bureau of Land Management; 

14 (B) the Forest Service; and 

15 (C) the City. 

16 (3) SECRETARY.—The term ‘‘Secretary’’ 

17 means— 

18 (A) with respect to land in the National 

19 Forest System, the Secretary of Agriculture, 

20 acting through the Chief of the Forest Service; 

21 and 

22 (B) with respect to other Federal land, the 

23 Secretary of the Interior. 
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1 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

2 means the Secretary of Agriculture and the Sec3 retary of the Interior, acting jointly. 

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

5 Washoe Tribe of Nevada and California, which is a 

6 federally recognized Indian tribe. 

7 (b) CONVEYANCES OF FEDERAL LAND AND CITY

8 LAND.— 

9 (1) IN GENERAL.—Notwithstanding section 202 

10 of the Federal Land Policy and Management Act of 

11 1976 (43 U.S.C. 1712), if the City offers to convey 

12 to the United States title to the non-Federal land 

13 described in paragraph (2)(A) that is acceptable to 

14 the Secretary of Agriculture— 

15 (A) the Secretary shall accept the offer; 

16 and 

17 (B) not later than 180 days after the date 

18 on which the Secretary receives acceptable title 

19 to the non-Federal land described in paragraph 

20 (2)(A), the Secretaries shall convey to the City, 

21 subject to valid existing rights and for no con22 sideration, except as provided in paragraph 

23 (3)(A), all right, title, and interest of the 

24 United States in and to the Federal land (other 

25 than any easement reserved under paragraph 
308 

•S 22 ES

1 (3)(B)) or interest in land described in para2 graph (2)(B). 

3 (2) DESCRIPTION OF LAND.— 

4 (A) NON-FEDERAL LAND.—The non-Fed5 eral land referred to in paragraph (1) is the ap6 proximately 2,264 acres of land administered by 

7 the City and identified on the Map as ‘‘To U.S. 

8 Forest Service’’. 

9 (B) FEDERAL LAND.—The Federal land 

10 referred to in paragraph (1)(B) is— 

11 (i) the approximately 935 acres of 

12 Forest Service land identified on the Map 

13 as ‘‘To Carson City for Natural Areas’’; 

14 (ii) the approximately 3,604 acres of 

15 Bureau of Land Management land identi16 fied on the Map as ‘‘Silver Saddle Ranch 

17 and Carson River Area’’; 

18 (iii) the approximately 1,848 acres of 

19 Bureau of Land Management land identi20 fied on the Map as ‘‘To Carson City for 

21 Parks and Public Purposes’’; and 

22 (iv) the approximately 75 acres of 

23 City land in which the Bureau of Land 

24 Management has a reversionary interest 

25 that is identified on the Map as ‘‘Rever-
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1 sionary Interest of the United States Re2 leased’’. 

3 (3) CONDITIONS.— 

4 (A) CONSIDERATION.—Before the convey5 ance of the 62–acre Bernhard parcel to the 

6 City, the City shall deposit in the special ac7 count established by subsection (e)(2)(A) an 

8 amount equal to 25 percent of the difference 

9 between— 

10 (i) the amount for which the Bern11 hard parcel was purchased by the City on 

12 July 18, 2001; and 

13 (ii) the amount for which the Bern14 hard parcel was purchased by the Sec15 retary on March 24, 2006. 

16 (B) CONSERVATION EASEMENT.—As a 

17 condition of the conveyance of the land de18 scribed in paragraph (2)(B)(ii), the Secretary, 

19 in consultation with Carson City and affected 

20 local interests, shall reserve a perpetual con21 servation easement to the land to protect, pre22 serve, and enhance the conservation values of 

23 the land, consistent with paragraph (4)(B). 

24 (C) COSTS.—Any costs relating to the con25 veyance under paragraph (1), including any 
310 

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1 costs for surveys and other administrative costs, 

2 shall be paid by the recipient of the land being 

3 conveyed. 

4 (4) USE OF LAND.— 

5 (A) NATURAL AREAS.— 

6 (i) IN GENERAL.—Except as provided 

7 in clause (ii), the land described in para8 graph (2)(B)(i) shall be managed by the 

9 City to maintain undeveloped open space 

10 and to preserve the natural characteristics 

11 of the land in perpetuity. 

12 (ii) EXCEPTION.—Notwithstanding 

13 clause (i), the City may— 

14 (I) conduct projects on the land 

15 to reduce fuels; 

16 (II) construct and maintain 

17 trails, trailhead facilities, and any in18 frastructure on the land that is re19 quired for municipal water and flood 

20 management activities; and 

21 (III) maintain or reconstruct any 

22 improvements on the land that are in 

23 existence on the date of enactment of 

24 this Act. 
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1 (B) SILVER SADDLE RANCH AND CARSON

2 RIVER AREA.— 

3 (i) IN GENERAL.—Except as provided 

4 in clause (ii), the land described in para5 graph (2)(B)(ii) shall— 

6 (I) be managed by the City to 

7 protect and enhance the Carson River, 

8 the floodplain and surrounding up9 land, and important wildlife habitat; 

10 and 

11 (II) be used for undeveloped open 

12 space, passive recreation, customary 

13 agricultural practices, and wildlife 

14 protection. 

15 (ii) EXCEPTION.—Notwithstanding 

16 clause (i), the City may— 

17 (I) construct and maintain trails 

18 and trailhead facilities on the land; 

19 (II) conduct projects on the land 

20 to reduce fuels; 

21 (III) maintain or reconstruct any 

22 improvements on the land that are in 

23 existence on the date of enactment of 

24 this Act; and 
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1 (IV) allow the use of motorized 

2 vehicles on designated roads, trails, 

3 and areas in the south end of Prison 

4 Hill. 

5 (C) PARKS AND PUBLIC PURPOSES.—The 

6 land described in paragraph (2)(B)(iii) shall be 

7 managed by the City for— 

8 (i) undeveloped open space; and 

9 (ii) recreation or other public pur10 poses consistent with the Act of June 14, 

11 1926 (commonly known as the ‘‘Recreation 

12 and Public Purposes Act’’) (43 U.S.C. 869 

13 et seq.). 

14 (D) REVERSIONARY INTEREST.— 

15 (i) RELEASE.—The reversionary inter16 est described in paragraph (2)(B)(iv) shall 

17 terminate on the date of enactment of this 

18 Act. 

19 (ii) CONVEYANCE BY CITY.— 

20 (I) IN GENERAL.—If the City 

21 sells, leases, or otherwise conveys any 

22 portion of the land described in para23 graph (2)(B)(iv), the sale, lease, or 

24 conveyance of land shall be— 
313 

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1 (aa) through a competitive 

2 bidding process; and 

3 (bb) except as provided in 

4 subclause (II), for not less than 

5 fair market value. 

6 (II) CONVEYANCE TO GOVERN7 MENT OR NONPROFIT.—A sale, lease, 

8 or conveyance of land described in 

9 paragraph (2)(B)(iv) to the Federal 

10 Government, a State government, a 

11 unit of local government, or a non12 profit organization shall be for consid13 eration in an amount equal to the 

14 price established by the Secretary of 

15 the Interior under section 2741 of 

16 title 43, Code of Federal Regulation 

17 (or successor regulations). 

18 (III) DISPOSITION OF PRO19 CEEDS.—The gross proceeds from the 

20 sale, lease, or conveyance of land 

21 under subclause (I) shall be distrib22 uted in accordance with subsection 

23 (e)(1). 

24 (5) REVERSION.—If land conveyed under para25 graph (1) is used in a manner that is inconsistent 
314 

•S 22 ES

1 with the uses described in subparagraph (A), (B), 

2 (C), or (D) of paragraph (4), the land shall, at the 

3 discretion of the Secretary, revert to the United 

4 States. 

5 (6) MISCELLANEOUS PROVISIONS.— 

6 (A) IN GENERAL.—On conveyance of the 

7 non-Federal land under paragraph (1) to the 

8 Secretary of Agriculture, the non-Federal land 

9 shall— 

10 (i) become part of the Humboldt11 Toiyabe National Forest; and 

12 (ii) be administered in accordance 

13 with the laws (including the regulations) 

14 and rules generally applicable to the Na15 tional Forest System. 

16 (B) MANAGEMENT PLAN.—The Secretary 

17 of Agriculture, in consultation with the City 

18 and other interested parties, may develop and 

19 implement a management plan for National 

20 Forest System land that ensures the protection 

21 and stabilization of the National Forest System 

22 land to minimize the impacts of flooding on the 

23 City. 

24 (7) CONVEYANCE TO BUREAU OF LAND MAN25 AGEMENT.— 
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1 (A) IN GENERAL.—If the City offers to 

2 convey to the United States title to the non3 Federal land described in subparagraph (B) 

4 that is acceptable to the Secretary of the Inte5 rior, the land shall, at the discretion of the Sec6 retary, be conveyed to the United States. 

7 (B) DESCRIPTION OF LAND.—The non8 Federal land referred to in subparagraph (A) is 

9 the approximately 46 acres of land adminis10 tered by the City and identified on the Map as 

11 ‘‘To Bureau of Land Management’’. 

12 (C) COSTS.—Any costs relating to the con13 veyance under subparagraph (A), including any 

14 costs for surveys and other administrative costs, 

15 shall be paid by the Secretary of the Interior. 

16 (c) TRANSFER OF ADMINISTRATIVE JURISDICTION

17 FROM THE FOREST SERVICE TO THE BUREAU OF LAND

18 MANAGEMENT.— 

19 (1) IN GENERAL.—Administrative jurisdiction 

20 over the approximately 50 acres of Forest Service 

21 land identified on the Map as ‘‘Parcel #1’’ is trans22 ferred, from the Secretary of Agriculture to the Sec23 retary of the Interior. 

24 (2) COSTS.—Any costs relating to the transfer 

25 under paragraph (1), including any costs for surveys 
316 

•S 22 ES

1 and other administrative costs, shall be paid by the 

2 Secretary of the Interior. 

3 (3) USE OF LAND.— 

4 (A) RIGHT-OF-WAY.—Not later than 120 

5 days after the date of enactment of this Act, 

6 the Secretary of the Interior shall grant to the 

7 City a right-of-way for the maintenance of flood 

8 management facilities located on the land. 

9 (B) DISPOSAL.—The land referred to in 

10 paragraph (1) shall be disposed of in accord11 ance with subsection (d). 

12 (C) DISPOSITION OF PROCEEDS.—The 

13 gross proceeds from the disposal of land under 

14 subparagraph (B) shall be distributed in ac15 cordance with subsection (e)(1). 

16 (d) DISPOSAL OF CARSON CITY LAND.— 

17 (1) IN GENERAL.—Notwithstanding sections 

18 202 and 203 of the Federal Land Policy and Man19 agement Act of 1976 (43 U.S.C. 1712, 1713), the 

20 Secretary of the Interior shall, in accordance with 

21 that Act, this subsection, and other applicable law, 

22 and subject to valid existing rights, conduct sales of 

23 the Federal land described in paragraph (2) to 

24 qualified bidders. 
317 

•S 22 ES

1 (2) DESCRIPTION OF LAND.—The Federal land 

2 referred to in paragraph (1) is— 

3 (A) the approximately 108 acres of Bureau 

4 of Land Management land identified as ‘‘Lands 

5 for Disposal’’ on the Map; and 

6 (B) the approximately 50 acres of land 

7 identified as ‘‘Parcel #1’’ on the Map. 

8 (3) COMPLIANCE WITH LOCAL PLANNING AND

9 ZONING LAWS.—Before a sale of Federal land under 

10 paragraph (1), the City shall submit to the Sec11 retary a certification that qualified bidders have 

12 agreed to comply with— 

13 (A) City zoning ordinances; and 

14 (B) any master plan for the area approved 

15 by the City. 

16 (4) METHOD OF SALE; CONSIDERATION.—The 

17 sale of Federal land under paragraph (1) shall be— 

18 (A) consistent with subsections (d) and (f) 

19 of section 203 of the Federal Land Policy and 

20 Management Act of 1976 (43 U.S.C. 1713); 

21 (B) unless otherwise determined by the 

22 Secretary, through a competitive bidding proc23 ess; and 

24 (C) for not less than fair market value. 

25 (5) WITHDRAWAL.— 
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•S 22 ES

1 (A) IN GENERAL.—Subject to valid exist2 ing rights and except as provided in subpara3 graph (B), the Federal land described in para4 graph (2) is withdrawn from— 

5 (i) all forms of entry and appropria6 tion under the public land laws; 

7 (ii) location, entry, and patent under 

8 the mining laws; and 

9 (iii) operation of the mineral leasing 

10 and geothermal leasing laws. 

11 (B) EXCEPTION.—Subparagraph (A)(i) 

12 shall not apply to sales made consistent with 

13 this subsection. 

14 (6) DEADLINE FOR SALE.— 

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

16 subparagraph (B), not later than 1 year after 

17 the date of enactment of this Act, if there is a 

18 qualified bidder for the land described in sub19 paragraphs (A) and (B) of paragraph (2), the 

20 Secretary of the Interior shall offer the land for 

21 sale to the qualified bidder. 

22 (B) POSTPONEMENT; EXCLUSION FROM

23 SALE.— 

24 (i) REQUEST BY CARSON CITY FOR

25 POSTPONEMENT OR EXCLUSION.—At the 
319 

•S 22 ES

1 request of the City, the Secretary shall 

2 postpone or exclude from the sale under 

3 subparagraph (A) all or a portion of the 

4 land described in subparagraphs (A) and 

5 (B) of paragraph (2). 

6 (ii) INDEFINITE POSTPONEMENT.— 

7 Unless specifically requested by the City, a 

8 postponement under clause (i) shall not be 

9 indefinite. 

10 (e) DISPOSITION OF PROCEEDS.— 

11 (1) IN GENERAL.—Of the proceeds from the 

12 sale of land under subsections (b)(4)(D)(ii) and 

13 (d)(1)— 

14 (A) 5 percent shall be paid directly to the 

15 State for use in the general education program 

16 of the State; and 

17 (B) the remainder shall be deposited in a 

18 special account in the Treasury of the United 

19 States, to be known as the ‘‘Carson City Spe20 cial Account’’, and shall be available without 

21 further appropriation to the Secretary until ex22 pended to— 

23 (i) reimburse costs incurred by the 

24 Bureau of Land Management for pre25 paring for the sale of the Federal land de-
320 

•S 22 ES

1 scribed in subsection (d)(2), including the 

2 costs of— 

3 (I) surveys and appraisals; and 

4 (II) compliance with— 

5 (aa) the National Environ6 mental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.); and 

8 (bb) sections 202 and 203 of 

9 the Federal Land Policy and 

10 Management Act of 1976 (43 

11 U.S.C. 1712, 1713); 

12 (ii) reimburse costs incurred by the 

13 Bureau of Land Management and Forest 

14 Service for preparing for, and carrying out, 

15 the transfers of land to be held in trust by 

16 the United States under subsection (h)(1); 

17 and 

18 (iii) acquire environmentally sensitive 

19 land or an interest in environmentally sen20 sitive land in the City. 

21 (2) SILVER SADDLE ENDOWMENT ACCOUNT.— 

22 (A) ESTABLISHMENT.—There is estab23 lished in the Treasury of the United States a 

24 special account, to be known as the ‘‘Silver 

25 Saddle Endowment Account’’, consisting of 
321 

•S 22 ES

1 such amounts as are deposited under subsection 

2 (b)(3)(A). 

3 (B) AVAILABILITY OF AMOUNTS.— 

4 Amounts deposited in the account established 

5 by paragraph (1) shall be available to the Sec6 retary, without further appropriation, for the 

7 oversight and enforcement of the conservation 

8 easement established under subsection 

9 (b)(3)(B). 

10 (f) URBAN INTERFACE.— 

11 (1) IN GENERAL.—Except as otherwise pro12 vided in this section and subject to valid existing 

13 rights, the Federal land described in paragraph (2) 

14 is permanently withdrawn from— 

15 (A) all forms of entry and appropriation 

16 under the public land laws and mining laws; 

17 (B) location and patent under the mining 

18 laws; and 

19 (C) operation of the mineral laws, geo20 thermal leasing laws, and mineral material 

21 laws. 

22 (2) DESCRIPTION OF LAND.—The land referred 

23 to in paragraph (1) consists of approximately 19,747 

24 acres, which is identified on the Map as ‘‘Urban 

25 Interface Withdrawal’’. 
322 

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1 (3) INCORPORATION OF ACQUIRED LAND AND

2 INTERESTS.—Any land or interest in land within the 

3 boundaries of the land described in paragraph (2) 

4 that is acquired by the United States after the date 

5 of enactment of this Act shall be withdrawn in ac6 cordance with this subsection. 

7 (4) OFF-HIGHWAY VEHICLE MANAGEMENT.— 

8 Until the date on which the Secretary, in consulta9 tion with the State, the City, and any other inter10 ested persons, completes a transportation plan for 

11 Federal land in the City, the use of motorized and 

12 mechanical vehicles on Federal land within the City 

13 shall be limited to roads and trails in existence on 

14 the date of enactment of this Act unless the use of 

15 the vehicles is needed— 

16 (A) for administrative purposes; or 

17 (B) to respond to an emergency. 

18 (g) AVAILABILITY OF FUNDS.—Section 4(e) of the 

19 Southern Nevada Public Land Management Act of 1998 

20 (Public Law 105–263; 112 Stat. 2346; 116 Stat. 2007; 

21 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is 

22 amended— 

23 (1) in paragraph (3)(A)(iv), by striking ‘‘Clark, 

24 Lincoln, and White Pine Counties and Washoe 

25 County (subject to paragraph 4))’’ and inserting 
323 

•S 22 ES

1 ‘‘Clark, Lincoln, and White Pine Counties and 

2 Washoe County (subject to paragraph 4)) and Car3 son City (subject to paragraph (5))’’; 

4 (2) in paragraph (3)(A)(v), by striking ‘‘Clark, 

5 Lincoln, and White Pine Counties’’ and inserting 

6 ‘‘Clark, Lincoln, and White Pine Counties and Car7 son City (subject to paragraph (5))’’; 

8 (3) in paragraph (4), by striking ‘‘2011’’ and 

9 inserting ‘‘2015’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(5) LIMITATION FOR CARSON CITY.—Carson 

12 City shall be eligible to nominate for expenditure 

13 amounts to acquire land or an interest in land for 

14 parks or natural areas and for conservation initia15 tives— 

16 ‘‘(A) adjacent to the Carson River; or 

17 ‘‘(B) within the floodplain of the Carson 

18 River.’’. 

19 (h) TRANSFER OF LAND TO BE HELD IN TRUST FOR

20 WASHOE TRIBE.— 

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

22 rights, all right, title, and interest of the United 

23 States in and to the land described in paragraph 

24 (2)— 
324 

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1 (A) shall be held in trust by the United 

2 States for the benefit and use of the Tribe; and 

3 (B) shall be part of the reservation of the 

4 Tribe. 

5 (2) DESCRIPTION OF LAND.—The land referred 

6 to in paragraph (1) consists of approximately 293 

7 acres, which is identified on the Map as ‘‘To Washoe 

8 Tribe’’. 

9 (3) SURVEY.—Not later than 180 days after 

10 the date of enactment of this Act, the Secretary of 

11 Agriculture shall complete a survey of the boundary 

12 lines to establish the boundaries of the land taken 

13 into trust under paragraph (1). 

14 (4) USE OF LAND.— 

15 (A) GAMING.—Land taken into trust 

16 under paragraph (1) shall not be eligible, or 

17 considered to have been taken into trust, for 

18 class II gaming or class III gaming (as those 

19 terms are defined in section 4 of the Indian 

20 Gaming Regulatory Act (25 U.S.C. 2703)). 

21 (B) TRUST LAND FOR CEREMONIAL USE

22 AND CONSERVATION.—With respect to the use 

23 of the land taken into trust under paragraph 

24 (1) that is above the 5,200′ elevation contour, 

25 the Tribe— 
325 

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1 (i) shall limit the use of the land to— 

2 (I) traditional and customary 

3 uses; and 

4 (II) stewardship conservation for 

5 the benefit of the Tribe; and 

6 (ii) shall not permit any— 

7 (I) permanent residential or rec8 reational development on the land; or 

9 (II) commercial use of the land, 

10 including commercial development or 

11 gaming. 

12 (C) TRUST LAND FOR COMMERCIAL AND

13 RESIDENTIAL USE.—With respect to the use of 

14 the land taken into trust under paragraph (1), 

15 the Tribe shall limit the use of the land below 

16 the 5,200′ elevation to— 

17 (i) traditional and customary uses; 

18 (ii) stewardship conservation for the 

19 benefit of the Tribe; and 

20 (iii)(I) residential or recreational de21 velopment; or 

22 (II) commercial use. 

23 (D) THINNING; LANDSCAPE RESTORA24 TION.—With respect to the land taken into 

25 trust under paragraph (1), the Secretary of Ag-
326 

•S 22 ES

1 riculture, in consultation and coordination with 

2 the Tribe, may carry out any thinning and 

3 other landscape restoration activities on the 

4 land that is beneficial to the Tribe and the For5 est Service. 

6 (i) CORRECTION OF SKUNK HARBOR CONVEY7 ANCE.— 

8 (1) PURPOSE.—The purpose of this subsection 

9 is to amend Public Law 108–67 (117 Stat. 880) to 

10 make a technical correction relating to the land con11 veyance authorized under that Act. 

12 (2) TECHNICAL CORRECTION.—Section 2 of 

13 Public Law 108–67 (117 Stat. 880) is amended— 

14 (A) by striking ‘‘Subject to’’ and inserting 

15 the following: 

16 ‘‘(a) IN GENERAL.—Subject to’’; 

17 (B) in subsection (a) (as designated by 

18 paragraph (1)), by striking ‘‘the parcel’’ and all 

19 that follows through the period at the end and 

20 inserting the following: ‘‘and to approximately 

21 23 acres of land identified as ‘Parcel A’ on the 

22 map entitled ‘Skunk Harbor Conveyance Cor23 rection’ and dated September 12, 2008, the 

24 western boundary of which is the low water line 
327 

•S 22 ES

1 of Lake Tahoe at elevation 6,223.0′ (Lake 

2 Tahoe Datum).’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(b) SURVEY AND LEGAL DESCRIPTION.— 

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

6 after the date of enactment of this subsection, the 

7 Secretary of Agriculture shall complete a survey and 

8 legal description of the boundary lines to establish 

9 the boundaries of the trust land. 

10 ‘‘(2) TECHNICAL CORRECTIONS.—The Sec11 retary may correct any technical errors in the survey 

12 or legal description completed under paragraph (1). 

13 ‘‘(c) PUBLIC ACCESS AND USE.—Nothing in this Act 

14 prohibits any approved general public access (through ex15 isting easements or by boat) to, or use of, land remaining 

16 within the Lake Tahoe Basin Management Unit after the 

17 conveyance of the land to the Secretary of the Interior, 

18 in trust for the Tribe, under subsection (a), including ac19 cess to, and use of, the beach and shoreline areas adjacent 

20 to the portion of land conveyed under that subsection.’’. 

21 (3) DATE OF TRUST STATUS.—The trust land 

22 described in section 2(a) of Public Law 108–67 (117 

23 Stat. 880) shall be considered to be taken into trust 

24 as of August 1, 2003. 
328 

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1 (4) TRANSFER.—The Secretary of the Interior, 

2 acting on behalf of and for the benefit of the Tribe, 

3 shall transfer to the Secretary of Agriculture admin4 istrative jurisdiction over the land identified as 

5 ‘‘Parcel B’’ on the map entitled ‘‘Skunk Harbor 

6 Conveyance Correction’’ and dated September 12, 

7 2008. 

8 (j) AGREEMENT WITH FOREST SERVICE.—The Sec9 retary of Agriculture, in consultation with the Tribe, shall 

10 develop and implement a cooperative agreement that en11 sures regular access by members of the Tribe and other 

12 people in the community of the Tribe across National For13 est System land from the City to Lake Tahoe for cultural 

14 and religious purposes. 

15 (k) ARTIFACT COLLECTION.— 

16 (1) NOTICE.—At least 180 days before con17 ducting any ground disturbing activities on the land 

18 identified as ‘‘Parcel #2’’ on the Map, the City shall 

19 notify the Tribe of the proposed activities to provide 

20 the Tribe with adequate time to inventory and col21 lect any artifacts in the affected area. 

22 (2) AUTHORIZED ACTIVITIES.—On receipt of 

23 notice under paragraph (1), the Tribe may collect 

24 and possess any artifacts relating to the Tribe in the 

25 land identified as ‘‘Parcel #2’’ on the Map. 
329 

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1 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section. 

4 SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA 

5 CONVEYANCE. 

6 (a) DEFINITIONS.—In this section: 

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

8 Henderson, Nevada. 

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

10 the Secretary of the Interior. 

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

12 of Nevada. 

13 (4) TRANSITION AREA.—The term ‘‘Transition 

14 Area’’ means the approximately 502 acres of Fed15 eral land located in Henderson, Nevada, and identi16 fied as ‘‘Limited Transition Area’’ on the map enti17 tled ‘‘Southern Nevada Limited Transition Area 

18 Act’’ and dated March 20, 2006. 

19 (b) SOUTHERN NEVADA LIMITED TRANSITION

20 AREA.— 

21 (1) CONVEYANCE.—Notwithstanding the Fed22 eral Land Policy and Management Act of 1976 (43 

23 U.S.C. 1701 et seq.), on request of the City, the 

24 Secretary shall, without consideration and subject to 

25 all valid existing rights, convey to the City all right, 
330 

•S 22 ES

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

2 Transition Area. 

3 (2) USE OF LAND FOR NONRESIDENTIAL DE4 VELOPMENT.— 

5 (A) IN GENERAL.—After the conveyance to 

6 the City under paragraph (1), the City may sell, 

7 lease, or otherwise convey any portion or por8 tions of the Transition Area for purposes of 

9 nonresidential development. 

10 (B) METHOD OF SALE.— 

11 (i) IN GENERAL.—The sale, lease, or 

12 conveyance of land under subparagraph 

13 (A) shall be through a competitive bidding 

14 process. 

15 (ii) FAIR MARKET VALUE.—Any land 

16 sold, leased, or otherwise conveyed under 

17 subparagraph (A) shall be for not less than 

18 fair market value. 

19 (C) COMPLIANCE WITH CHARTER.—Except 

20 as provided in subparagraphs (B) and (D), the 

21 City may sell, lease, or otherwise convey parcels 

22 within the Transition Area only in accordance 

23 with the procedures for conveyances established 

24 in the City Charter. 
331 

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1 (D) DISPOSITION OF PROCEEDS.—The 

2 gross proceeds from the sale of land under sub3 paragraph (A) shall be distributed in accord4 ance with section 4(e) of the Southern Nevada 

5 Public Land Management Act of 1998 (112 

6 Stat. 2345). 

7 (3) USE OF LAND FOR RECREATION OR OTHER

8 PUBLIC PURPOSES.—The City may elect to retain 

9 parcels in the Transition Area for public recreation 

10 or other public purposes consistent with the Act of 

11 June 14, 1926 (commonly known as the ‘‘Recreation 

12 and Public Purposes Act’’) (43 U.S.C. 869 et seq.) 

13 by providing to the Secretary written notice of the 

14 election. 

15 (4) NOISE COMPATIBILITY REQUIREMENTS.— 

16 The City shall— 

17 (A) plan and manage the Transition Area 

18 in accordance with section 47504 of title 49, 

19 United States Code (relating to airport noise 

20 compatibility planning), and regulations pro21 mulgated in accordance with that section; and 

22 (B) agree that if any land in the Transi23 tion Area is sold, leased, or otherwise conveyed 

24 by the City, the sale, lease, or conveyance shall 
332 

•S 22 ES

1 contain a limitation to require uses compatible 

2 with that airport noise compatibility planning. 

3 (5) REVERSION.— 

4 (A) IN GENERAL.—If any parcel of land in 

5 the Transition Area is not conveyed for nonresi6 dential development under this section or re7 served for recreation or other public purposes 

8 under paragraph (3) by the date that is 20 

9 years after the date of enactment of this Act, 

10 the parcel of land shall, at the discretion of the 

11 Secretary, revert to the United States. 

12 (B) INCONSISTENT USE.—If the City uses 

13 any parcel of land within the Transition Area 

14 in a manner that is inconsistent with the uses 

15 specified in this subsection— 

16 (i) at the discretion of the Secretary, 

17 the parcel shall revert to the United 

18 States; or 

19 (ii) if the Secretary does not make an 

20 election under clause (i), the City shall sell 

21 the parcel of land in accordance with this 

22 subsection. 

23 SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEY24 ANCE. 

25 (a) DEFINITIONS.—In this section: 
333 

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1 (1) ALTA-HUALAPAI SITE.—The term ‘‘Alta2 Hualapai Site’’ means the approximately 80 acres of 

3 land that is— 

4 (A) patented to the City under the Act of 

5 June 14, 1926 (commonly known as the 

6 ‘‘Recreation and Public Purposes Act’’) (43 

7 U.S.C. 869 et seq.); and 

8 (B) identified on the map as the ‘‘Alta9 Hualapai Site’’. 

10 (2) CITY.—The term ‘‘City’’ means the city of 

11 Las Vegas, Nevada. 

12 (3) INSTITUTE.—The term ‘‘Institute’’ means 

13 the Nevada Cancer Institute, a nonprofit organiza14 tion described under section 501(c)(3) of the Inter15 nal Revenue Code of 1986, the principal place of 

16 business of which is at 10441 West Twain Avenue, 

17 Las Vegas, Nevada. 

18 (4) MAP.—The term ‘‘map’’ means the map ti19 tled ‘‘Nevada Cancer Institute Expansion Act’’ and 

20 dated July 17, 2006. 

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

22 the Secretary of the Interior, acting through the Di23 rector of the Bureau of Land Management. 

24 (6) WATER DISTRICT.—The term ‘‘Water Dis25 trict’’ means the Las Vegas Valley Water District. 
334 

•S 22 ES

1 (b) LAND CONVEYANCE.— 

2 (1) SURVEY AND LEGAL DESCRIPTION.—The 

3 City shall prepare a survey and legal description of 

4 the Alta-Hualapai Site. The survey shall conform to 

5 the Bureau of Land Management cadastral survey 

6 standards and be subject to approval by the Sec7 retary. 

8 (2) ACCEPTANCE.—The Secretary may accept 

9 the relinquishment by the City of all or part of the 

10 Alta-Hualapai Site. 

11 (3) CONVEYANCE FOR USE AS NONPROFIT CAN12 CER INSTITUTE.—After relinquishment of all or part 

13 of the Alta-Hualapai Site to the Secretary, and not 

14 later than 180 days after request of the Institute, 

15 the Secretary shall convey to the Institute, subject 

16 to valid existing rights, the portion of the Alta17 Hualapai Site that is necessary for the development 

18 of a nonprofit cancer institute. 

19 (4) ADDITIONAL CONVEYANCES.—Not later 

20 than 180 days after a request from the City, the 

21 Secretary shall convey to the City, subject to valid 

22 existing rights, any remaining portion of the Alta23 Hualapai Site necessary for ancillary medical or 

24 nonprofit use compatible with the mission of the In25 stitute. 
335 

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1 (5) APPLICABLE LAW.—Any conveyance by the 

2 City of any portion of the land received under this 

3 section shall be for no less than fair market value 

4 and the proceeds shall be distributed in accordance 

5 with section 4(e)(1) of Public Law 105–263 (112 

6 Stat. 2345). 

7 (6) TRANSACTION COSTS.—All land conveyed by 

8 the Secretary under this section shall be at no cost, 

9 except that the Secretary may require the recipient 

10 to bear any costs associated with transfer of title or 

11 any necessary land surveys. 

12 (7) REPORT.—Not later than 180 days after 

13 the date of the enactment of this Act, the Secretary 

14 shall submit to the Committee on Natural Resources 

15 of the House of Representatives and the Committee 

16 on Energy and Natural Resources of the Senate a 

17 report on all transactions conducted under Public 

18 Law 105–263 (112 Stat. 2345). 

19 (c) RIGHTS-OF-WAY.—Consistent with the Federal 

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

21 1701), the Secretary may grant rights-of-way to the Water 

22 District on a portion of the Alta-Hualapai Site for a flood 

23 control project and a water pumping facility. 

24 (d) REVERSION.—Any property conveyed pursuant to 

25 this section which ceases to be used for the purposes speci-
336 

•S 22 ES

1 fied in this section shall, at the discretion of the Secretary, 

2 revert to the United States, along with any improvements 

3 thereon or thereto. 

4 SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH. 

5 (a) DEFINITIONS.—In this section: 

6 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

7 means the approximately 25 acres of Bureau of 

8 Land Management land identified on the map as 

9 ‘‘Lands to be conveyed to Turnabout Ranch’’. 

10 (2) MAP.—The term ‘‘map’’ means the map en11 titled ‘‘Turnabout Ranch Conveyance’’ dated May 

12 12, 2006, and on file in the office of the Director 

13 of the Bureau of Land Management. 

14 (3) MONUMENT.—The term ‘‘Monument’’ 

15 means the Grand Staircase-Escalante National 

16 Monument located in southern Utah. 

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

18 the Secretary of the Interior. 

19 (5) TURNABOUT RANCH.—The term ‘‘Turn20 about Ranch’’ means the Turnabout Ranch in 

21 Escalante, Utah, owned by Aspen Education Group. 

22 (b) CONVEYANCE OF FEDERAL LAND TO TURN23 ABOUT RANCH.— 

24 (1) IN GENERAL.—Notwithstanding the land 

25 use planning requirements of sections 202 and 203 
337 

•S 22 ES

1 of the Federal Land Policy and Management Act of 

2 1976 (43 U.S.C. 1712, 1713), if not later than 30 

3 days after completion of the appraisal required 

4 under paragraph (2), Turnabout Ranch of 

5 Escalante, Utah, submits to the Secretary an offer 

6 to acquire the Federal land for the appraised value, 

7 the Secretary shall, not later than 30 days after the 

8 date of the offer, convey to Turnabout Ranch all 

9 right, title, and interest to the Federal land, subject 

10 to valid existing rights. 

11 (2) APPRAISAL.—Not later than 90 days after 

12 the date of enactment of this Act, the Secretary 

13 shall complete an appraisal of the Federal land. The 

14 appraisal shall be completed in accordance with the 

15 ‘‘Uniform Appraisal Standards for Federal Land Ac16 quisitions’’ and the ‘‘Uniform Standards of Profes17 sional Appraisal Practice’’. All costs associated with 

18 the appraisal shall be born by Turnabout Ranch. 

19 (3) PAYMENT OF CONSIDERATION.—Not later 

20 than 30 days after the date on which the Federal 

21 land is conveyed under paragraph (1), as a condition 

22 of the conveyance, Turnabout Ranch shall pay to the 

23 Secretary an amount equal to the appraised value of 

24 the Federal land, as determined under paragraph 

25 (2). 
338 

•S 22 ES

1 (4) COSTS OF CONVEYANCE.—As a condition of 

2 the conveyance, any costs of the conveyance under 

3 this section shall be paid by Turnabout Ranch. 

4 (5) DISPOSITION OF PROCEEDS.—The Sec5 retary shall deposit the proceeds from the convey6 ance of the Federal land under paragraph (1) in the 

7 Federal Land Deposit Account established by sec8 tion 206 of the Federal Land Transaction Facilita9 tion Act(43 U.S.C. 2305), to be expended in accord10 ance with that Act. 

11 (c) MODIFICATION OF MONUMENT BOUNDARY.— 

12 When the conveyance authorized by subsection (b) is com13 pleted, the boundaries of the Grand Staircase-Escalante 

14 National Monument in the State of Utah are hereby modi15 fied to exclude the Federal land conveyed to Turnabout 

16 Ranch. 

17 SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH. 

18 (a) DEFINITIONS.—In this section: 

19 (1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ 

20 means the Utah National Parks Council of the Boy 

21 Scouts of America. 

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

23 the Secretary of the Interior. 

24 (b) BOY SCOUTS OF AMERICA LAND EXCHANGE.— 

25 (1) AUTHORITY TO CONVEY.— 
339 

•S 22 ES

1 (A) IN GENERAL.—Subject to paragraph 

2 (3) and notwithstanding the Act of June 14, 

3 1926 (commonly known as the ‘‘Recreation and 

4 Public Purposes Act’’) (43 U.S.C. 869 et seq.), 

5 the Boy Scouts may convey to Brian Head Re6 sort, subject to valid existing rights and, except 

7 as provided in subparagraph (B), any rights re8 served by the United States, all right, title, and 

9 interest granted to the Boy Scouts by the origi10 nal patent to the parcel described in paragraph 

11 (2)(A) in exchange for the conveyance by Brian 

12 Head Resort to the Boy Scouts of all right, 

13 title, and interest in and to the parcels de14 scribed in paragraph (2)(B). 

15 (B) REVERSIONARY INTEREST.—On con16 veyance of the parcel of land described in para17 graph (2)(A), the Secretary shall have discre18 tion with respect to whether or not the rever19 sionary interests of the United States are to be 

20 exercised. 

21 (2) DESCRIPTION OF LAND.—The parcels of 

22 land referred to in paragraph (1) are— 

23 (A) the 120-acre parcel that is part of a 

24 tract of public land acquired by the Boy Scouts 

25 under the Act of June 14, 1926 (commonly 
340 

•S 22 ES

1 known as the ‘‘Recreation and Public Purposes 

2 Act’’) (43 U.S.C. 869 et seq.) for the purpose 

3 of operating a camp, which is more particularly 

4 described as the W 1/2 SE 1/4 and SE 1/4 SE 

5 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake Base 

6 and Meridian; and 

7 (B) the 2 parcels of private land owned by 

8 Brian Head Resort that total 120 acres, which 

9 are more particularly described as— 

10 (i) NE 1/4 NW 1/4 and NE 1/4 NE 

11 1/4 sec. 25, T. 35 S., R. 9 W., Salt Lake 

12 Base and Meridian; and 

13 (ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., 

14 R. 9 W., Salt Lake Base Meridian. 

15 (3) CONDITIONS.—On conveyance to the Boy 

16 Scouts under paragraph (1)(A), the parcels of land 

17 described in paragraph (2)(B) shall be subject to the 

18 terms and conditions imposed on the entire tract of 

19 land acquired by the Boy Scouts for a camp under 

20 the Bureau of Land Management patent numbered 

21 43–75–0010. 

22 (4) MODIFICATION OF PATENT.—On completion 

23 of the exchange under paragraph (1)(A), the Sec24 retary shall amend the original Bureau of Land 

25 Management patent providing for the conveyance to 
341 

•S 22 ES

1 the Boy Scouts under the Act of June 14, 1926 

2 (commonly known as the ‘‘Recreation and Public 

3 Purposes Act’’) (43 U.S.C. 869 et seq.) numbered 

4 43–75–0010 to take into account the exchange 

5 under paragraph (1)(A). 

6 SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CON7 VEYANCE. 

8 (a) DEFINITIONS.—In this section: 

9 (1) PUBLIC LAND.—The term ‘‘public land’’ 

10 means the approximately 622 acres of Federal land 

11 managed by the Bureau of Land Management and 

12 identified for conveyance on the map prepared by 

13 the Bureau of Land Management entitled ‘‘Douglas 

14 County Public Utility District Proposal’’ and dated 

15 March 2, 2006. 

16 (2) PUD.—The term ‘‘PUD’’ means the Public 

17 Utility District No. 1 of Douglas County, Wash18 ington. 

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

20 the Secretary of the Interior. 

21 (4) WELLS HYDROELECTRIC PROJECT.—The 

22 term ‘‘Wells Hydroelectric Project’’ means Federal 

23 Energy Regulatory Commission Project No. 2149. 
342 

•S 22 ES

1 (b) CONVEYANCE OF PUBLIC LAND, WELLS HYDRO2 ELECTRIC PROJECT, PUBLIC UTILITY DISTRICT NO. 1 OF

3 DOUGLAS COUNTY, WASHINGTON.— 

4 (1) CONVEYANCE REQUIRED.—Notwithstanding 

5 the land use planning requirements of sections 202 

6 and 203 of the Federal Land Policy and Manage7 ment Act of 1976 (43 U.S.C. 1712, 1713), and not8 withstanding section 24 of the Federal Power Act 

9 (16 U.S.C. 818) and Federal Power Order for 

10 Project 2149, and subject to valid existing rights, if 

11 not later than 45 days after the date of completion 

12 of the appraisal required under paragraph (2), the 

13 Public Utility District No. 1 of Douglas County, 

14 Washington, submits to the Secretary an offer to ac15 quire the public land for the appraised value, the 

16 Secretary shall convey, not later than 30 days after 

17 the date of the offer, to the PUD all right, title, and 

18 interest of the United States in and to the public 

19 land. 

20 (2) APPRAISAL.—Not later than 60 days after 

21 the date of enactment of this Act, the Secretary 

22 shall complete an appraisal of the public land. The 

23 appraisal shall be conducted in accordance with the 

24 ‘‘Uniform Appraisal Standards for Federal Land Ac-
343 

•S 22 ES

1 quisitions’’ and the ‘‘Uniform Standards of Profes2 sional Appraisal Practice’’. 

3 (3) PAYMENT.—Not later than 30 days after 

4 the date on which the public land is conveyed under 

5 this subsection, the PUD shall pay to the Secretary 

6 an amount equal to the appraised value of the public 

7 land as determined under paragraph (2). 

8 (4) MAP AND LEGAL DESCRIPTIONS.—As soon 

9 as practicable after the date of enactment of this 

10 Act, the Secretary shall finalize legal descriptions of 

11 the public land to be conveyed under this subsection. 

12 The Secretary may correct any minor errors in the 

13 map referred to in subsection (a)(1) or in the legal 

14 descriptions. The map and legal descriptions shall be 

15 on file and available for public inspection in appro16 priate offices of the Bureau of Land Management. 

17 (5) COSTS OF CONVEYANCE.—As a condition of 

18 conveyance, any costs related to the conveyance 

19 under this subsection shall be paid by the PUD. 

20 (6) DISPOSITION OF PROCEEDS.—The Sec21 retary shall deposit the proceeds from the sale in the 

22 Federal Land Disposal Account established by sec23 tion 206 of the Federal Land Transaction Facilita24 tion Act (43 U.S.C. 2305) to be expended to im25 prove access to public lands administered by the Bu-
344 

•S 22 ES

1 reau of Land Management in the State of Wash2 ington. 

3 (c) SEGREGATION OF LANDS.— 

4 (1) WITHDRAWAL.—Except as provided in sub5 section (b)(1), effective immediately upon enactment 

6 of this Act, and subject to valid existing rights, the 

7 public land is withdrawn from— 

8 (A) all forms of entry, appropriation, or 

9 disposal under the public land laws, and all 

10 amendments thereto; 

11 (B) location, entry, and patenting under 

12 the mining laws, and all amendments thereto; 

13 and 

14 (C) operation of the mineral leasing, min15 eral materials, and geothermal leasing laws, and 

16 all amendments thereto. 

17 (2) DURATION.—This subsection expires two 

18 years after the date of enactment of this Act or on 

19 the date of the completion of the conveyance under 

20 subsection (b), whichever is earlier. 

21 (d) RETAINED AUTHORITY.—The Secretary shall re22 tain the authority to place conditions on the license to in23 sure adequate protection and utilization of the public land 

24 granted to the Secretary in section 4(e) of the Federal 

25 Power Act (16 U.S.C. 797(e)) until the Federal Energy 
345 

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1 Regulatory Commission has issued a new license for the 

2 Wells Hydroelectric Project, to replace the original license 

3 expiring May 31, 2012, consistent with section 15 of the 

4 Federal Power Act (16 U.S.C. 808). 

5 SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE. 

6 (a) CONVEYANCE.—As soon as practicable after the 

7 date of enactment of this Act, the Secretary of the Inte8 rior, acting through the Director of the Bureau of Land 

9 Management, shall convey to the city of Twin Falls, Idaho, 

10 subject to valid existing rights, without consideration, all 

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

12 the 4 parcels of land described in subsection (b). 

13 (b) LAND DESCRIPTION.—The 4 parcels of land to 

14 be conveyed under subsection (a) are the approximately 

15 165 acres of land in Twin Falls County, Idaho, that are 

16 identified as ‘‘Land to be conveyed to Twin Falls’’ on the 

17 map titled ‘‘Twin Falls Land Conveyance’’ and dated July 

18 28, 2008. 

19 (c) MAP ON FILE.—A map depicting the land de20 scribed in subsection (b) shall be on file and available for 

21 public inspection in the appropriate offices of the Bureau 

22 of Land Management. 

23 (d) USE OF CONVEYED LANDS.— 

24 (1) PURPOSE.—The land conveyed under this 

25 section shall be used to support the public purposes 
346 

•S 22 ES

1 of the Auger Falls Project, including a limited agri2 cultural exemption to allow for water quality and 

3 wildlife habitat improvements. 

4 (2) RESTRICTION.—The land conveyed under 

5 this section shall not be used for residential or com6 mercial purposes, except for the limited agricultural 

7 exemption described in paragraph (1). 

8 (3) ADDITIONAL TERMS AND CONDITIONS.— 

9 The Secretary of the Interior may require such addi10 tional terms and conditions in connection with the 

11 conveyance as the Secretary considers appropriate to 

12 protect the interests of the United States. 

13 (e) REVERSION.—If the land conveyed under this sec14 tion is no longer used in accordance with subsection (d)— 

15 (1) the land shall, at the discretion of the Sec16 retary based on his determination of the best inter17 ests of the United States, revert to the United 

18 States; and 

19 (2) if the Secretary chooses to have the land re20 vert to the United States and if the Secretary deter21 mines that the land is environmentally contami22 nated, the city of Twin Falls, Idaho, or any other 

23 person responsible for the contamination shall reme24 diate the contamination. 
347 

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1 (f) ADMINISTRATIVE COSTS.—The Secretary shall re2 quire that the city of Twin Falls, Idaho, pay all survey 

3 costs and other administrative costs necessary for the 

4 preparation and completion of any patents of and transfer 

5 of title to property under this section. 

6 SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RE7 LEASE, NEVADA. 

8 (a) FINDING.—Congress finds that the land de9 scribed in subsection (c) has been adequately studied for 

10 wilderness designation under section 603 of the Federal 

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

12 1782). 

13 (b) RELEASE.—The land described in subsection 

14 (c)— 

15 (1) is no longer subject to section 603(c) of the 

16 Federal Land Policy and Management Act of 1976 

17 (43 U.S.C. 1782(c)); and 

18 (2) shall be managed in accordance with— 

19 (A) land management plans adopted under 

20 section 202 of that Act (43 U.S.C. 1712); and 

21 (B) cooperative conservation agreements in 

22 existence on the date of the enactment of this 

23 Act. 

24 (c) DESCRIPTION OF LAND.—The land referred to in 

25 subsections (a) and (b) is the approximately 70 acres of 
348 

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1 land in the Sunrise Mountain Instant Study Area of Clark 

2 County, Nevada, that is designated on the map entitled 

3 ‘‘Sunrise Mountain ISA Release Areas’’ and dated Sep4 tember 6, 2008. 

5 SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE. 

6 (a) CONVEYANCE OF LAND BY THE BUREAU OF

7 LAND MANAGEMENT TO PARK CITY, UTAH.— 

8 (1) LAND TRANSFER.—Notwithstanding the 

9 planning requirements of sections 202 and 203 of 

10 the Federal Land Policy and Management Act of 

11 1976 (43 U.S.C. 1712, 1713), the Secretary of the 

12 Interior shall convey, not later than 180 days after 

13 the date of the enactment of this Act, to Park City, 

14 Utah, all right, title, and interest of the United 

15 States in and to two parcels of real property located 

16 in Park City, Utah, that are currently under the 

17 management jurisdiction of the Bureau of Land 

18 Management and designated as parcel 8 (commonly 

19 known as the White Acre parcel) and parcel 16 

20 (commonly known as the Gambel Oak parcel). The 

21 conveyance shall be subject to all valid existing 

22 rights. 

23 (2) DEED RESTRICTION.—The conveyance of 

24 the lands under paragraph (1) shall be made by a 

25 deed or deeds containing a restriction requiring that 
349 

•S 22 ES

1 the lands be maintained as open space and used 

2 solely for public recreation purposes or other pur3 poses consistent with their maintenance as open 

4 space. This restriction shall not be interpreted to 

5 prohibit the construction or maintenance of rec6 reational facilities, utilities, or other structures that 

7 are consistent with the maintenance of the lands as 

8 open space or its use for public recreation purposes. 

9 (3) CONSIDERATION.—In consideration for the 

10 transfer of the land under paragraph (1), Park City 

11 shall pay to the Secretary of the Interior an amount 

12 consistent with conveyances to governmental entities 

13 for recreational purposes under the Act of June 14, 

14 1926 (commonly known as the Recreation and Pub15 lic Purposes Act; 43 U.S.C. 869 et seq.). 

16 (b) SALE OF BUREAU OF LAND MANAGEMENT LAND

17 IN PARK CITY, UTAH, AT AUCTION.— 

18 (1) SALE OF LAND.—Not later than 180 days 

19 after the date of the enactment of this Act, the Sec20 retary of the Interior shall offer for sale any right, 

21 title, or interest of the United States in and to two 

22 parcels of real property located in Park City, Utah, 

23 that are currently under the management jurisdic24 tion of the Bureau of Land Management and are 

25 designated as parcels 17 and 18 in the Park City, 
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1 Utah, area. The sale of the land shall be carried out 

2 in accordance with the Federal Land Policy and 

3 Management Act of 1976 (43 U.S.C. 1701) and 

4 other applicable law, other than the planning provi5 sions of sections 202 and 203 of such Act (43 

6 U.S.C. 1712, 1713), and shall be subject to all valid 

7 existing rights. 

8 (2) METHOD OF SALE.—The sale of the land 

9 under paragraph (1) shall be consistent with sub10 sections (d) and (f) of section 203 of the Federal 

11 Land Policy and Management Act of 1976 (43 

12 U.S.C. 1713) through a competitive bidding process 

13 and for not less than fair market value. 

14 (c) DISPOSITION OF LAND SALES PROCEEDS.—All 

15 proceeds derived from the sale of land described in this 

16 section shall be deposited in the Federal Land Disposal 

17 Account established by section 206(a) of the Federal Land 

18 Transaction Facilitation Act (43 U.S.C. 2305(a)). 

19 SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CER20 TAIN LANDS IN RENO, NEVADA. 

21 (a) RAILROAD LANDS DEFINED.—For the purposes 

22 of this section, the term ‘‘railroad lands’’ means those 

23 lands within the City of Reno, Nevada, located within por24 tions of sections 10, 11, and 12 of T.19 N., R. 19 E., 

25 and portions of section 7 of T.19 N., R. 20 E., Mount 
351 

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1 Diablo Meridian, Nevada, that were originally granted to 

2 the Union Pacific Railroad under the provisions of the Act 

3 of July 1, 1862, commonly known as the Union Pacific 

4 Railroad Act. 

5 (b) RELEASE OF REVERSIONARY INTEREST.—Any 

6 reversionary interests of the United States (including in7 terests under the Act of July 1, 1862, commonly known 

8 as the Union Pacific Railroad Act) in and to the railroad 

9 lands as defined in subsection (a) of this section are here10 by released. 

11 SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE 

12 TUOLUMNE RANCHERIA. 

13 (a) IN GENERAL.— 

14 (1) FEDERAL LANDS.—Subject to valid existing 

15 rights, all right, title, and interest (including im16 provements and appurtenances) of the United States 

17 in and to the Federal lands described in subsection 

18 (b), the Federal lands shall be declared to be held 

19 in trust by the United States for the benefit of the 

20 Tribe for nongaming purposes, and shall be subject 

21 to the same terms and conditions as those lands de22 scribed in the California Indian Land Transfer Act 

23 (Public Law 106–568; 114 Stat. 2921). 

24 (2) TRUST LANDS.—Lands described in sub25 section (c) of this section that are taken or to be 
352 

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1 taken in trust by the United States for the benefit 

2 of the Tribe shall be subject to subsection (c) of sec3 tion 903 of the California Indian Land Transfer Act 

4 (Public Law 106–568; 114 Stat. 2921). 

5 (b) FEDERAL LANDS DESCRIBED.—The Federal 

6 lands described in this subsection, comprising approxi7 mately 66 acres, are as follows: 

8 (1) Township 1 North, Range 16 East, Section 

9 6, Lots 10 and 12, MDM, containing 50.24 acres 

10 more or less. 

11 (2) Township 1 North, Range 16 East, Section 

12 5, Lot 16, MDM, containing 15.35 acres more or 

13 less. 

14 (3) Township 2 North, Range 16 East, Section 

15 32, Indian Cemetery Reservation within Lot 22, 

16 MDM, containing 0.4 acres more or less. 

17 (c) TRUST LANDS DESCRIBED.—The trust lands de18 scribed in this subsection, comprising approximately 357 

19 acres, are commonly referred to as follows: 

20 (1) Thomas property, pending trust acquisition, 

21 104.50 acres. 

22 (2) Coenenburg property, pending trust acquisi23 tion, 192.70 acres, subject to existing easements of 

24 record, including but not limited to a non-exclusive 

25 easement for ingress and egress for the benefit of 
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1 adjoining property as conveyed by Easement Deed 

2 recorded July 13, 1984, in Volume 755, Pages 189 

3 to 192, and as further defined by Stipulation and 

4 Judgment entered by Tuolumne County Superior 

5 Court on September 2, 1983, and recorded June 4, 

6 1984, in Volume 751, Pages 61 to 67. 

7 (3) Assessor Parcel No. 620505300, 1.5 acres, 

8 trust land. 

9 (4) Assessor Parcel No. 620505400, 19.23 

10 acres, trust land. 

11 (5) Assessor Parcel No. 620505600, 3.46 acres, 

12 trust land. 

13 (6) Assessor Parcel No. 620505700, 7.44 acres, 

14 trust land. 

15 (7) Assessor Parcel No. 620401700, 0.8 acres, 

16 trust land. 

17 (8) A portion of Assessor Parcel No. 

18 620500200, 2.5 acres, trust land. 

19 (9) Assessor Parcel No. 620506200, 24.87 

20 acres, trust land. 

21 (d) SURVEY.—As soon as practicable after the date 

22 of the enactment of this Act, the Office of Cadastral Sur23 vey of the Bureau of Land Management shall complete 

24 fieldwork required for a survey of the lands described in 

25 subsections (b) and (c) for the purpose of incorporating 
354 

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1 those lands within the boundaries of the Tuolumne 

2 Rancheria. Not later than 90 days after that fieldwork is 

3 completed, that office shall complete the survey. 

4 (e) LEGAL DESCRIPTIONS.— 

5 (1) PUBLICATION.—On approval by the Com6 munity Council of the Tribe of the survey completed 

7 under subsection (d), the Secretary of the Interior 

8 shall publish in the Federal Register— 

9 (A) a legal description of the new bound10 ary lines of the Tuolumne Rancheria; and 

11 (B) a legal description of the land surveyed 

12 under subsection (d). 

13 (2) EFFECT.—Beginning on the date on which 

14 the legal descriptions are published under paragraph 

15 (1), such legal descriptions shall be the official legal 

16 descriptions of those boundary lines of the Tuolumne 

17 Rancheria and the lands surveyed. 
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1 TITLE III—FOREST SERVICE 

2 AUTHORIZATIONS 

3 Subtitle A—Watershed Restoration 

4 and Enhancement 

5 SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT 

6 AGREEMENTS. 

7 Section 323 of the Department of the Interior and 

8 Related Agencies Appropriations Act, 1999 (16 U.S.C. 

9 1011 note; Public Law 105–277), is amended— 

10 (1) in subsection (a), by striking ‘‘each of fiscal 

11 years 2006 through 2011’’ and inserting ‘‘fiscal year 

12 2006 and each fiscal year thereafter’’; 

13 (2) by redesignating subsection (d) as sub14 section (e); and 

15 (3) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d) APPLICABLE LAW.—Chapter 63 of title 31, 

18 United States Code, shall not apply to— 

19 ‘‘(1) a watershed restoration and enhancement 

20 agreement entered into under this section; or 

21 ‘‘(2) an agreement entered into under the first 

22 section of Public Law 94–148 (16 U.S.C. 565a–1).’’. 
356 

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1 Subtitle B—Wildland Firefighter 

2 Safety 

3 SEC. 3101. WILDLAND FIREFIGHTER SAFETY. 

4 (a) DEFINITIONS.—In this section: 

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

6 means— 

7 (A) the Secretary of the Interior, acting 

8 through the Directors of the Bureau of Land 

9 Management, the United States Fish and Wild10 life Service, the National Park Service, and the 

11 Bureau of Indian Affairs; and 

12 (B) the Secretary of Agriculture, acting 

13 through the Chief of the Forest Service. 

14 (2) WILDLAND FIREFIGHTER.—The term 

15 ‘‘wildland firefighter’’ means any person who partici16 pates in wildland firefighting activities— 

17 (A) under the direction of either of the 

18 Secretaries; or 

19 (B) under a contract or compact with a 

20 federally recognized Indian tribe. 

21 (b) ANNUAL REPORT TO CONGRESS.— 

22 (1) IN GENERAL.—The Secretaries shall jointly 

23 submit to Congress an annual report on the wildland 

24 firefighter safety practices of the Secretaries, includ25 ing training programs and activities for wildland fire 
357 

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1 suppression, prescribed burning, and wildland fire 

2 use, during the preceding calendar year. 

3 (2) TIMELINE.—Each report under paragraph 

4 (1) shall— 

5 (A) be submitted by not later than March 

6 of the year following the calendar year covered 

7 by the report; and 

8 (B) include— 

9 (i) a description of, and any changes 

10 to, wildland firefighter safety practices, in11 cluding training programs and activities 

12 for wildland fire suppression, prescribed 

13 burning, and wildland fire use; 

14 (ii) statistics and trend analyses; 

15 (iii) an estimate of the amount of 

16 Federal funds expended by the Secretaries 

17 on wildland firefighter safety practices, in18 cluding training programs and activities 

19 for wildland fire suppression, prescribed 

20 burning, and wildland fire use; 

21 (iv) progress made in implementing 

22 recommendations from the Inspector Gen23 eral, the Government Accountability Office, 

24 the Occupational Safety and Health Ad25 ministration, or an agency report relating 
358 

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1 to a wildland firefighting fatality issued 

2 during the preceding 10 years; and 

3 (v) a description of— 

4 (I) the provisions relating to 

5 wildland firefighter safety practices in 

6 any Federal contract or other agree7 ment governing the provision of 

8 wildland firefighters by a non-Federal 

9 entity; 

10 (II) a summary of any actions 

11 taken by the Secretaries to ensure 

12 that the provisions relating to safety 

13 practices, including training, are com14 plied with by the non-Federal entity; 

15 and 

16 (III) the results of those actions. 

17 Subtitle C—Wyoming Range 

18 SEC. 3201. DEFINITIONS. 

19 In this subtitle: 

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

21 the Secretary of the Interior. 

22 (2) WYOMING RANGE WITHDRAWAL AREA.— 

23 The term ‘‘Wyoming Range Withdrawal Area’’ 

24 means all National Forest System land and federally 

25 owned minerals located within the boundaries of the 
359 

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1 Bridger-Teton National Forest identified on the map 

2 entitled ‘‘Wyoming Range Withdrawal Area’’ and 

3 dated October 17, 2007, on file with the Office of 

4 the Chief of the Forest Service and the Office of the 

5 Supervisor of the Bridger-Teton National Forest. 

6 SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYO7 MING RANGE. 

8 (a) WITHDRAWAL.—Except as provided in subsection 

9 (f), subject to valid existing rights as of the date of enact10 ment of this Act and the provisions of this subtitle, land 

11 in the Wyoming Range Withdrawal Area is withdrawn 

12 from— 

13 (1) all forms of appropriation or disposal under 

14 the public land laws; 

15 (2) location, entry, and patent under the mining 

16 laws; and 

17 (3) disposition under laws relating to mineral 

18 and geothermal leasing. 

19 (b) EXISTING RIGHTS.—If any right referred to in 

20 subsection (a) is relinquished or otherwise acquired by the 

21 United States (including through donation under section 

22 3203) after the date of enactment of this Act, the land 

23 subject to that right shall be withdrawn in accordance with 

24 this section. 

25 (c) BUFFERS.—Nothing in this section requires— 
360 

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1 (1) the creation of a protective perimeter or 

2 buffer area outside the boundaries of the Wyoming 

3 Range Withdrawal Area; or 

4 (2) any prohibition on activities outside of the 

5 boundaries of the Wyoming Range Withdrawal Area 

6 that can be seen or heard from within the bound7 aries of the Wyoming Range Withdrawal Area. 

8 (d) LAND AND RESOURCE MANAGEMENT PLAN.— 

9 (1) IN GENERAL.—Subject to paragraph (2), 

10 the Bridger-Teton National Land and Resource 

11 Management Plan (including any revisions to the 

12 Plan) shall apply to any land within the Wyoming 

13 Range Withdrawal Area. 

14 (2) CONFLICTS.—If there is a conflict between 

15 this subtitle and the Bridger-Teton National Land 

16 and Resource Management Plan, this subtitle shall 

17 apply. 

18 (e) PRIOR LEASE SALES.—Nothing in this section 

19 prohibits the Secretary from taking any action necessary 

20 to issue, deny, remove the suspension of, or cancel a lease, 

21 or any sold lease parcel that has not been issued, pursuant 

22 to any lease sale conducted prior to the date of enactment 

23 of this Act, including the completion of any requirements 

24 under the National Environmental Policy Act of 1969 (42 

25 U.S.C. 4321 et seq.). 
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1 (f) EXCEPTION.—Notwithstanding the withdrawal in 

2 subsection (a), the Secretary may lease oil and gas re3 sources in the Wyoming Range Withdrawal Area that are 

4 within 1 mile of the boundary of the Wyoming Range 

5 Withdrawal Area in accordance with the Mineral Leasing 

6 Act (30 U.S.C. 181 et seq.) and subject to the following 

7 conditions: 

8 (1) The lease may only be accessed by direc9 tional drilling from a lease held by production on the 

10 date of enactment of this Act on National Forest 

11 System land that is adjacent to, and outside of, the 

12 Wyoming Range Withdrawal Area. 

13 (2) The lease shall prohibit, without exception 

14 or waiver, surface occupancy and surface disturb15 ance for any activities, including activities related to 

16 exploration, development, or production. 

17 (3) The directional drilling may extend no fur18 ther than 1 mile inside the boundary of the Wyo19 ming Range Withdrawal Area. 

20 SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EX21 ISTING MINING OR LEASING RIGHTS IN THE 

22 WYOMING RANGE. 

23 (a) NOTIFICATION OF LEASEHOLDERS.—Not later 

24 than 120 days after the date of enactment of this Act, 

25 the Secretary shall provide notice to holders of valid exist-
362 

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1 ing mining or leasing rights within the Wyoming Range 

2 Withdrawal Area of the potential opportunity for repur3 chase of those rights and retirement under this section. 

4 (b) REQUEST FOR LEASE RETIREMENT.— 

5 (1) IN GENERAL.—A holder of a valid existing 

6 mining or leasing right within the Wyoming Range 

7 Withdrawal Area may submit a written notice to the 

8 Secretary of the interest of the holder in the retire9 ment and repurchase of that right. 

10 (2) LIST OF INTERESTED HOLDERS.—The Sec11 retary shall prepare a list of interested holders and 

12 make the list available to any non-Federal entity or 

13 person interested in acquiring that right for retire14 ment by the Secretary. 

15 (c) PROHIBITION.—The Secretary may not use any 

16 Federal funds to purchase any right referred to in sub17 section (a). 

18 (d) DONATION AUTHORITY.—The Secretary shall— 

19 (1) accept the donation of any valid existing 

20 mining or leasing right in the Wyoming Range With21 drawal Area from the holder of that right or from 

22 any non-Federal entity or person that acquires that 

23 right; and 

24 (2) on acceptance, cancel that right. 
363 

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1 (e) RELATIONSHIP TO OTHER AUTHORITY.—Nothing 

2 in this subtitle affects any authority the Secretary may 

3 otherwise have to modify, suspend, or terminate a lease 

4 without compensation, or to recognize the transfer of a 

5 valid existing mining or leasing right, if otherwise author6 ized by law. 

7 Subtitle D—Land Conveyances and 

8 Exchanges 

9 SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, 

10 ALASKA. 

11 (a) DEFINITIONS.—In this section: 

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

13 Coffman Cove, Alaska. 

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

15 the Secretary of Agriculture. 

16 (b) CONVEYANCE.— 

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

18 rights, the Secretary shall convey to the City, with19 out consideration and by quitclaim deed all right, 

20 title, and interest of the United States, except as 

21 provided in paragraphs (3) and (4), in and to the 

22 parcel of National Forest System land described in 

23 paragraph (2). 

24 (2) DESCRIPTION OF LAND.— 
364 

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1 (A) IN GENERAL.—The parcel of National 

2 Forest System land referred to in paragraph 

3 (1) is the approximately 12 acres of land identi4 fied in U.S. Survey 10099, as depicted on the 

5 plat entitled ‘‘Subdivision of U.S. Survey No. 

6 10099’’ and recorded as Plat 2003–1 on Janu7 ary 21, 2003, Petersburg Recording District, 

8 Alaska. 

9 (B) EXCLUDED LAND.—The parcel of Na10 tional Forest System land conveyed under para11 graph (1) does not include the portion of U.S. 

12 Survey 10099 that is north of the right-of-way 

13 for Forest Development Road 3030–295 and 

14 southeast of Tract CC–8. 

15 (3) RIGHT-OF-WAY.—The United States may 

16 reserve a right-of-way to provide access to the Na17 tional Forest System land excluded from the convey18 ance to the City under paragraph (2)(B). 

19 (4) REVERSION.—If any portion of the land 

20 conveyed under paragraph (1) (other than a portion 

21 of land sold under paragraph (5)) ceases to be used 

22 for public purposes, the land shall, at the option of 

23 the Secretary, revert to the United States. 
365 

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1 (5) CONDITIONS ON SUBSEQUENT CONVEY2 ANCES.—If the City sells any portion of the land 

3 conveyed to the City under paragraph (1)— 

4 (A) the amount of consideration for the 

5 sale shall reflect fair market value, as deter6 mined by an appraisal; and 

7 (B) the City shall pay to the Secretary an 

8 amount equal to the gross proceeds of the sale, 

9 which shall be available, without further appro10 priation, for the Tongass National Forest. 

11 SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST 

12 LAND CONVEYANCE, MONTANA. 

13 (a) DEFINITIONS.—In this section: 

14 (1) COUNTY.—The term ‘‘County’’ means Jef15 ferson County, Montana. 

16 (2) MAP.—The term ‘‘map’’ means the map 

17 that is— 

18 (A) entitled ‘‘Elkhorn Cemetery’’; 

19 (B) dated May 9, 2005; and 

20 (C) on file in the office of the Beaverhead21 Deerlodge National Forest Supervisor. 

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

23 the Secretary of Agriculture. 

24 (b) CONVEYANCE TO JEFFERSON COUNTY, MON25 TANA.— 
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1 (1) CONVEYANCE.—Not later than 180 days 

2 after the date of enactment of this Act and subject 

3 to valid existing rights, the Secretary (acting 

4 through the Regional Forester, Northern Region, 

5 Missoula, Montana) shall convey by quitclaim deed 

6 to the County for no consideration, all right, title, 

7 and interest of the United States, except as provided 

8 in paragraph (5), in and to the parcel of land de9 scribed in paragraph (2). 

10 (2) DESCRIPTION OF LAND.—The parcel of 

11 land referred to in paragraph (1) is the parcel of ap12 proximately 9.67 acres of National Forest System 

13 land (including any improvements to the land) in the 

14 County that is known as the ‘‘Elkhorn Cemetery’’, 

15 as generally depicted on the map. 

16 (3) USE OF LAND.—As a condition of the con17 veyance under paragraph (1), the County shall— 

18 (A) use the land described in paragraph 

19 (2) as a County cemetery; and 

20 (B) agree to manage the cemetery with 

21 due consideration and protection for the historic 

22 and cultural values of the cemetery, under such 

23 terms and conditions as are agreed to by the 

24 Secretary and the County. 
367 

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1 (4) EASEMENT.—In conveying the land to the 

2 County under paragraph (1), the Secretary, in ac3 cordance with applicable law, shall grant to the 

4 County an easement across certain National Forest 

5 System land, as generally depicted on the map, to 

6 provide access to the land conveyed under that para7 graph. 

8 (5) REVERSION.—In the quitclaim deed to the 

9 County, the Secretary shall provide that the land 

10 conveyed to the County under paragraph (1) shall 

11 revert to the Secretary, at the election of the Sec12 retary, if the land is— 

13 (A) used for a purpose other than the pur14 poses described in paragraph (3)(A); or 

15 (B) managed by the County in a manner 

16 that is inconsistent with paragraph (3)(B). 

17 SEC. 3303. SANTA FE NATIONAL FOREST; PECOS NATIONAL 

18 HISTORICAL PARK LAND EXCHANGE. 

19 (a) DEFINITIONS.—In this section: 

20 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

21 means the approximately 160 acres of Federal land 

22 within the Santa Fe National Forest in the State, 

23 as depicted on the map. 
368 

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1 (2) LANDOWNER.—The term ‘‘landowner’’ 

2 means the 1 or more owners of the non-Federal 

3 land. 

4 (3) MAP.—The term ‘‘map’’ means the map en5 titled ‘‘Proposed Land Exchange for Pecos National 

6 Historical Park’’, numbered 430/80,054, dated No7 vember 19, 1999, and revised September 18, 2000. 

8 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed9 eral land’’ means the approximately 154 acres of 

10 non-Federal land in the Park, as depicted on the 

11 map. 

12 (5) PARK.—The term ‘‘Park’’ means the Pecos 

13 National Historical Park in the State. 

14 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

15 means the Secretary of the Interior and the Sec16 retary of Agriculture, acting jointly. 

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

18 of New Mexico. 

19 (b) LAND EXCHANGE.— 

20 (1) IN GENERAL.—If the Secretary of the Inte21 rior accepts the non-Federal land, title to which is 

22 acceptable to the Secretary of the Interior, the Sec23 retary of Agriculture shall, subject to the conditions 

24 of this section and the National Environmental Pol-
369 

•S 22 ES

1 icy Act of 1969 (42 U.S.C. 4321 et seq.), convey to 

2 the landowner the Federal land. 

3 (2) EASEMENT.— 

4 (A) IN GENERAL.—As a condition of the 

5 conveyance of the non-Federal land, the land6 owner may reserve an easement (including an 

7 easement for service access) for water pipelines 

8 to 2 well sites located in the Park, as generally 

9 depicted on the map. 

10 (B) ROUTE.—The Secretary of the Interior 

11 and the landowner shall determine the appro12 priate route of the easement through the non13 Federal land. 

14 (C) TERMS AND CONDITIONS.—The ease15 ment shall include such terms and conditions 

16 relating to the use of, and access to, the well 

17 sites and pipeline, as the Secretary of the Inte18 rior and the landowner determine to be appro19 priate. 

20 (D) APPLICABLE LAW.—The easement 

21 shall be established, operated, and maintained 

22 in compliance with applicable Federal, State, 

23 and local laws. 

24 (3) VALUATION, APPRAISALS, AND EQUALI25 ZATION.— 
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1 (A) IN GENERAL.—The value of the Fed2 eral land and non-Federal land— 

3 (i) shall be equal, as determined by 

4 appraisals conducted in accordance with 

5 subparagraph (B); or 

6 (ii) if the value is not equal, shall be 

7 equalized in accordance with subparagraph 

8 (C). 

9 (B) APPRAISALS.— 

10 (i) IN GENERAL.—The Federal land 

11 and non-Federal land shall be appraised by 

12 an independent appraiser selected by the 

13 Secretaries. 

14 (ii) REQUIREMENTS.—An appraisal 

15 conducted under clause (i) shall be con16 ducted in accordance with— 

17 (I) the Uniform Appraisal Stand18 ards for Federal Land Acquisitions; 

19 and 

20 (II) the Uniform Standards of 

21 Professional Appraisal Practice. 

22 (iii) APPROVAL.—The appraisals con23 ducted under this subparagraph shall be 

24 submitted to the Secretaries for approval. 

25 (C) EQUALIZATION OF VALUES.— 
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1 (i) IN GENERAL.—If the values of the 

2 non-Federal land and the Federal land are 

3 not equal, the values may be equalized in 

4 accordance with section 206 of the Federal 

5 Land Policy and Management Act of 1976 

6 (43 U.S.C. 1716). 

7 (ii) CASH EQUALIZATION PAY8 MENTS.—Any amounts received by the 

9 Secretary of Agriculture as a cash equali10 zation payment under section 206(b) of the 

11 Federal Land Policy and Management Act 

12 of 1976 (43 U.S.C. 1716(b)) shall— 

13 (I) be deposited in the fund es14 tablished by Public Law 90–171 

15 (commonly known as the ‘‘Sisk Act’’) 

16 (16 U.S.C. 484a); and 

17 (II) be available for expenditure, 

18 without further appropriation, for the 

19 acquisition of land and interests in 

20 land in the State. 

21 (4) COSTS.—Before the completion of the ex22 change under this subsection, the Secretaries and 

23 the landowner shall enter into an agreement that al24 locates the costs of the exchange among the Secre25 taries and the landowner. 
372 

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1 (5) APPLICABLE LAW.—Except as otherwise 

2 provided in this section, the exchange of land and in3 terests in land under this section shall be in accord4 ance with— 

5 (A) section 206 of the Federal Land Policy 

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

7 1716); and 

8 (B) other applicable Federal, State, and 

9 local laws. 

10 (6) ADDITIONAL TERMS AND CONDITIONS.— 

11 The Secretaries may require, in addition to any re12 quirements under this section, such terms and condi13 tions relating to the exchange of Federal land and 

14 non-Federal land and the granting of easements 

15 under this section as the Secretaries determine to be 

16 appropriate to protect the interests of the United 

17 States. 

18 (7) COMPLETION OF THE EXCHANGE.— 

19 (A) IN GENERAL.—The exchange of Fed20 eral land and non-Federal land shall be com21 pleted not later than 180 days after the later 

22 of— 

23 (i) the date on which the requirements 

24 of the National Environmental Policy Act 
373 

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1 of 1969 (42 U.S.C. 4321 et seq.) have 

2 been met; 

3 (ii) the date on which the Secretary of 

4 the Interior approves the appraisals under 

5 paragraph (3)(B)(iii); or 

6 (iii) the date on which the Secretaries 

7 and the landowner agree on the costs of 

8 the exchange and any other terms and con9 ditions of the exchange under this sub10 section. 

11 (B) NOTICE.—The Secretaries shall sub12 mit to the Committee on Energy and Natural 

13 Resources of the Senate and the Committee on 

14 Resources of the House of Representatives no15 tice of the completion of the exchange of Fed16 eral land and non-Federal land under this sub17 section. 

18 (c) ADMINISTRATION.— 

19 (1) IN GENERAL.—The Secretary of the Inte20 rior shall administer the non-Federal land acquired 

21 under this section in accordance with the laws gen22 erally applicable to units of the National Park Sys23 tem, including the Act of August 25, 1916 (com24 monly known as the ‘‘National Park Service Organic 

25 Act’’) (16 U.S.C. 1 et seq.). 
374 

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1 (2) MAPS.— 

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

3 file and available for public inspection in the 

4 appropriate offices of the Secretaries. 

5 (B) TRANSMITTAL OF REVISED MAP TO

6 CONGRESS.—Not later than 180 days after 

7 completion of the exchange, the Secretaries 

8 shall transmit to the Committee on Energy and 

9 Natural Resources of the Senate and the Com10 mittee on Resources of the House of Represent11 atives a revised map that depicts— 

12 (i) the Federal land and non-Federal 

13 land exchanged under this section; and 

14 (ii) the easement described in sub15 section (b)(2). 

16 SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEY17 ANCE, NEW MEXICO. 

18 (a) DEFINITIONS.—In this section: 

19 (1) CLAIM.—The term ‘‘Claim’’ means a claim 

20 of the Claimants to any right, title, or interest in 

21 any land located in lot 10, sec. 22, T. 18 N., R. 12 

22 E., New Mexico Principal Meridian, San Miguel 

23 County, New Mexico, except as provided in sub24 section (b)(1). 
375 

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1 (2) CLAIMANTS.—The term ‘‘Claimants’’ means 

2 Ramona Lawson and Boyd Lawson. 

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

4 means a parcel of National Forest System land in 

5 the Santa Fe National Forest, New Mexico, that 

6 is— 

7 (A) comprised of approximately 6.20 acres 

8 of land; and 

9 (B) described and delineated in the survey. 

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

11 the Secretary of Agriculture, acting through the 

12 Forest Service Regional Forester, Southwestern Re13 gion. 

14 (5) SURVEY.—The term ‘‘survey’’ means the 

15 survey plat entitled ‘‘Boundary Survey and Con16 servation Easement Plat’’, prepared by Chris A. 

17 Chavez, Land Surveyor, Forest Service, 

18 NMPLS#12793, and recorded on February 27, 

19 2007, at book 55, page 93, of the land records of 

20 San Miguel County, New Mexico. 

21 (b) SANTA FE NATIONAL FOREST LAND CONVEY22 ANCE.— 

23 (1) IN GENERAL.—The Secretary shall, except 

24 as provided in subparagraph (A) and subject to valid 

25 existing rights, convey and quitclaim to the Claim-
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1 ants all right, title, and interest of the United States 

2 in and to the Federal land in exchange for— 

3 (A) the grant by the Claimants to the 

4 United States of a scenic easement to the Fed5 eral land that— 

6 (i) protects the purposes for which the 

7 Federal land was designated under the 

8 Wild and Scenic Rivers Act (16 U.S.C. 

9 1271 et seq.); and 

10 (ii) is determined to be acceptable by 

11 the Secretary; and 

12 (B) a release of the United States by the 

13 Claimants of— 

14 (i) the Claim; and 

15 (ii) any additional related claims of 

16 the Claimants against the United States. 

17 (2) SURVEY.—The Secretary, with the approval 

18 of the Claimants, may make minor corrections to the 

19 survey and legal description of the Federal land to 

20 correct clerical, typographical, and surveying errors. 

21 (3) SATISFACTION OF CLAIM.—The conveyance 

22 of Federal land under paragraph (1) shall constitute 

23 a full satisfaction of the Claim. 
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1 SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEY2 ANCE. 

3 (a) CONVEYANCE REQUIRED.—The Secretary of Ag4 riculture shall convey, without consideration, to the King 

5 and Kittitas Counties Fire District #51 of King and 

6 Kittitas Counties, Washington (in this section referred to 

7 as the ‘‘District’’), all right, title, and interest of the 

8 United States in and to a parcel of National Forest Sys9 tem land in Kittitas County, Washington, consisting of approximately 1.5 acres within the SW1⁄4 of the SE1 10 ⁄4 of 

11 section 4, township 22 north, range 11 east, Willamette 

12 meridian, for the purpose of permitting the District to use 

13 the parcel as a site for a new Snoqualmie Pass fire and 

14 rescue station. 

15 (b) REVERSIONARY INTEREST.—If the Secretary de16 termines at any time that the real property conveyed 

17 under subsection (a) is not being used in accordance with 

18 the purpose of the conveyance specified in such subsection, 

19 all right, title, and interest in and to the property shall 

20 revert, at the option of the Secretary, to the United States, 

21 and the United States shall have the right of immediate 

22 entry onto the property. Any determination of the Sec23 retary under this subsection shall be made on the record 

24 after an opportunity for a hearing. 

25 (c) SURVEY.—If necessary, the exact acreage and 

26 legal description of the lands to be conveyed under sub-
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1 section (a) shall be determined by a survey satisfactory 

2 to the Secretary. The cost of a survey shall be borne by 

3 the District. 

4 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

5 Secretary may require such additional terms and condi6 tions in connection with the conveyance under subsection 

7 (a) as the Secretary considers appropriate to protect the 

8 interests of the United States. 

9 SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE 

10 RESTRICTIONS. 

11 Notwithstanding Public Law 90–171 (commonly 

12 known as the ‘‘Sisk Act’’) (16 U.S.C. 484a), the approxi13 mately 36.25 acres patented to the Mammoth County 

14 Water District (now known as the ‘‘Mammoth Community 

15 Water District’’) by Patent No. 04–87–0038, on June 26, 

16 1987, and recorded in volume 482, at page 516, of the 

17 official records of the Recorder’s Office, Mono County, 

18 California, may be used for any public purpose. 

19 SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL 

20 FOREST, UTAH. 

21 (a) DEFINITIONS.—In this section: 

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

23 Bountiful, Utah. 

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

25 means the land under the jurisdiction of the Sec-
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1 retary identified on the map as ‘‘Shooting Range 

2 Special Use Permit Area’’. 

3 (3) MAP.—The term ‘‘map’’ means the map en4 titled ‘‘Bountiful City Land Consolidation Act’’ and 

5 dated October 15, 2007. 

6 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed7 eral land’’ means the 3 parcels of City land com8 prising a total of approximately 1,680 acres, as gen9 erally depicted on the map. 

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

11 the Secretary of Agriculture. 

12 (b) EXCHANGE.—Subject to subsections (d) through 

13 (h), if the City conveys to the Secretary all right, title, 

14 and interest of the City in and to the non-Federal land, 

15 the Secretary shall convey to the City all right, title, and 

16 interest of the United States in and to the Federal land. 

17 (c) AVAILABILITY OF MAP.—The map shall be on file 

18 and available for public inspection in the appropriate of19 fices of the Forest Service. 

20 (d) VALUATION AND EQUALIZATION.— 

21 (1) VALUATION.—The value of the Federal land 

22 and the non-Federal land to be conveyed under sub23 section (b)— 

24 (A) shall be equal, as determined by ap25 praisals carried out in accordance with section 
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1 206 of the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1716); or 

3 (B) if not equal, shall be equalized in ac4 cordance with paragraph (2). 

5 (2) EQUALIZATION.—If the value of the Federal 

6 land and the non-Federal land to be conveyed in a 

7 land exchange under this section is not equal, the 

8 value may be equalized by— 

9 (A) making a cash equalization payment to 

10 the Secretary or to the City, as appropriate; or 

11 (B) reducing the acreage of the Federal 

12 land or the non-Federal land to be exchanged, 

13 as appropriate. 

14 (e) APPLICABLE LAW.—Section 206 of the Federal 

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

16 1716) shall apply to the land exchange authorized under 

17 subsection (b), except that the Secretary may accept a 

18 cash equalization payment in excess of 25 percent of the 

19 value of the Federal land. 

20 (f) CONDITIONS.— 

21 (1) LIABILITY.— 

22 (A) IN GENERAL.—As a condition of the 

23 exchange under subsection (b), the Secretary 

24 shall— 

25 (i) require that the City— 
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1 (I) assume all liability for the 

2 shooting range located on the Federal 

3 land, including the past, present, and 

4 future condition of the Federal land; 

5 and 

6 (II) hold the United States harm7 less for any liability for the condition 

8 of the Federal land; and 

9 (ii) comply with the hazardous sub10 stances disclosure requirements of section 

11 120(h) of the Comprehensive Environ12 mental Response, Compensation, and Li13 ability Act of 1980 (42 U.S.C. 9620(h)). 

14 (B) LIMITATION.—Clauses (ii) and (iii) of 

15 section 120(h)(3)(A) of the Comprehensive En16 vironmental Response, Compensation, and Li17 ability Act (42 U.S.C. 9620(h)(3)(A)) shall not 

18 apply to the conveyance of Federal land under 

19 subsection (b). 

20 (2) ADDITIONAL TERMS AND CONDITIONS.— 

21 The land exchange under subsection (b) shall be 

22 subject to— 

23 (A) valid existing rights; and 

24 (B) such additional terms and conditions 

25 as the Secretary may require. 
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1 (g) MANAGEMENT OF ACQUIRED LAND.—The non2 Federal land acquired by the Secretary under subsection 

3 (b) shall be— 

4 (1) added to, and administered as part of, the 

5 Wasatch-Cache National Forest; and 

6 (2) managed by the Secretary in accordance 

7 with— 

8 (A) the Act of March 1, 1911 (commonly 

9 known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

10 seq.); and 

11 (B) any laws (including regulations) appli12 cable to the National Forest System. 

13 (h) EASEMENTS; RIGHTS-OF-WAY.— 

14 (1) BONNEVILLE SHORELINE TRAIL EASE15 MENT.—In carrying out the land exchange under 

16 subsection (b), the Secretary shall ensure that an 

17 easement not less than 60 feet in width is reserved 

18 for the Bonneville Shoreline Trail. 

19 (2) OTHER RIGHTS-OF-WAY.—The Secretary 

20 and the City may reserve any other rights-of-way for 

21 utilities, roads, and trails that— 

22 (A) are mutually agreed to by the Sec23 retary and the City; and 

24 (B) the Secretary and the City consider to 

25 be in the public interest. 
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1 (i) DISPOSAL OF REMAINING FEDERAL LAND.— 

2 (1) IN GENERAL.—The Secretary may, by sale 

3 or exchange, dispose of all, or a portion of, the par4 cel of National Forest System land comprising ap5 proximately 220 acres, as generally depicted on the 

6 map that remains after the conveyance of the Fed7 eral land authorized under subsection (b), if the Sec8 retary determines, in accordance with paragraph (2), 

9 that the land or portion of the land is in excess of 

10 the needs of the National Forest System. 

11 (2) REQUIREMENTS.—A determination under 

12 paragraph (1) shall be made— 

13 (A) pursuant to an amendment of the land 

14 and resource management plan for the 

15 Wasatch-Cache National Forest; and 

16 (B) after carrying out a public process 

17 consistent with the National Environmental 

18 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

19 (3) CONSIDERATION.—As consideration for any 

20 conveyance of Federal land under paragraph (1), the 

21 Secretary shall require payment of an amount equal 

22 to not less than the fair market value of the con23 veyed National Forest System land. 

24 (4) RELATION TO OTHER LAWS.—Any convey25 ance of Federal land under paragraph (1) by ex-
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1 change shall be subject to section 206 of the Federal 

2 Land Policy and Management Act of 1976 (43 

3 U.S.C. 1716). 

4 (5) DISPOSITION OF PROCEEDS.—Any amounts 

5 received by the Secretary as consideration under 

6 subsection (d) or paragraph (3) shall be— 

7 (A) deposited in the fund established under 

8 Public Law 90–171 (commonly known as the 

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

10 (B) available to the Secretary, without fur11 ther appropriation and until expended, for the 

12 acquisition of land or interests in land to be in13 cluded in the Wasatch-Cache National Forest. 

14 (6) ADDITIONAL TERMS AND CONDITIONS.— 

15 Any conveyance of Federal land under paragraph 

16 (1) shall be subject to— 

17 (A) valid existing rights; and 

18 (B) such additional terms and conditions 

19 as the Secretary may require. 

20 SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH 

21 RIVER OF NO RETURN WILDERNESS. 

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

23 (1) to adjust the boundaries of the wilderness 

24 area; and 
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1 (2) to authorize the Secretary to sell the land 

2 designated for removal from the wilderness area due 

3 to encroachment. 

4 (b) DEFINITIONS.—In this section: 

5 (1) LAND DESIGNATED FOR EXCLUSION.—The 

6 term ‘‘land designated for exclusion’’ means the par7 cel of land that is— 

8 (A) comprised of approximately 10.2 acres 

9 of land; 

10 (B) generally depicted on the survey plat 

11 entitled ‘‘Proposed Boundary Change 

12 FCRONRW Sections 15 (unsurveyed) Town13 ship 14 North, Range 13 East, B.M., Custer 

14 County, Idaho’’ and dated November 14, 2001; 

15 and 

16 (C) more particularly described in the sur17 vey plat and legal description on file in— 

18 (i) the office of the Chief of the For19 est Service, Washington, DC; and 

20 (ii) the office of the Intermountain 

21 Regional Forester, Ogden, Utah. 

22 (2) LAND DESIGNATED FOR INCLUSION.—The 

23 term ‘‘land designated for inclusion’’ means the par24 cel of National Forest System land that is— 
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•S 22 ES

1 (A) comprised of approximately 10.2 acres 

2 of land; 

3 (B) located in unsurveyed section 22, T. 

4 14 N., R. 13 E., Boise Meridian, Custer Coun5 ty, Idaho; 

6 (C) generally depicted on the map entitled 

7 ‘‘Challis National Forest, T.14 N., R. 13 E., 

8 B.M., Custer County, Idaho, Proposed Bound9 ary Change FCRONRW’’ and dated September 

10 19, 2007; and 

11 (D) more particularly described on the 

12 map and legal description on file in— 

13 (i) the office of the Chief of the For14 est Service, Washington, DC; and 

15 (ii) the Intermountain Regional For16 ester, Ogden, Utah. 

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

18 the Secretary of Agriculture. 

19 (4) WILDERNESS AREA.—The term ‘‘wilderness 

20 area’’ means the Frank Church River of No Return 

21 Wilderness designated by section 3 of the Central 

22 Idaho Wilderness Act of 1980 (16 U.S.C. 1132 note; 

23 94 Stat. 948). 

24 (c) BOUNDARY ADJUSTMENT.— 

25 (1) ADJUSTMENT TO WILDERNESS AREA.— 
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1 (A) INCLUSION.—The wilderness area shall 

2 include the land designated for inclusion. 

3 (B) EXCLUSION.—The wilderness area 

4 shall not include the land designated for exclu5 sion. 

6 (2) CORRECTIONS TO LEGAL DESCRIPTIONS.— 

7 The Secretary may make corrections to the legal de8 scriptions. 

9 (d) CONVEYANCE OF LAND DESIGNATED FOR EX10 CLUSION.— 

11 (1) IN GENERAL.—Subject to paragraph (2), to 

12 resolve the encroachment on the land designated for 

13 exclusion, the Secretary may sell for consideration in 

14 an amount equal to fair market value— 

15 (A) the land designated for exclusion; and 

16 (B) as the Secretary determines to be nec17 essary, not more than 10 acres of land adjacent 

18 to the land designated for exclusion. 

19 (2) CONDITIONS.—The sale of land under para20 graph (1) shall be subject to the conditions that— 

21 (A) the land to be conveyed be appraised 

22 in accordance with the Uniform Appraisal 

23 Standards for Federal Land Acquisitions; 

24 (B) the person buying the land shall pay— 
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•S 22 ES

1 (i) the costs associated with apprais2 ing and, if the land needs to be resurveyed, 

3 resurveying the land; and 

4 (ii) any analyses and closing costs as5 sociated with the conveyance; 

6 (C) for management purposes, the Sec7 retary may reconfigure the description of the 

8 land for sale; and 

9 (D) the owner of the adjacent private land 

10 shall have the first opportunity to buy the land. 

11 (3) DISPOSITION OF PROCEEDS.— 

12 (A) IN GENERAL.—The Secretary shall de13 posit the cash proceeds from a sale of land 

14 under paragraph (1) in the fund established 

15 under Public Law 90–171 (commonly known as 

16 the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

17 (B) AVAILABILITY AND USE.—Amounts 

18 deposited under subparagraph (A)— 

19 (i) shall remain available until ex20 pended for the acquisition of land for Na21 tional Forest purposes in the State of 

22 Idaho; and 

23 (ii) shall not be subject to transfer or 

24 reprogramming for— 

25 (I) wildland fire management; or 
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1 (II) any other emergency pur2 poses. 

3 SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL 

4 AMENDMENT. 

5 Section 413(b) of the T’uf Shur Bien Preservation 

6 Trust Area Act (16 U.S.C. 539m–11) is amended— 

7 (1) in paragraph (1), by inserting ‘‘3,’’ after 

8 ‘‘sections’’; and 

9 (2) in the first sentence of paragraph (4), by 

10 inserting ‘‘, as a condition of the conveyance,’’ be11 fore ‘‘remain’’. 

12 Subtitle E—Colorado Northern 

13 Front Range Study 

14 SEC. 3401. PURPOSE. 

15 The purpose of this subtitle is to identify options that 

16 may be available to assist in maintaining the open space 

17 characteristics of land that is part of the mountain back18 drop of communities in the northern section of the Front 

19 Range area of Colorado. 

20 SEC. 3402. DEFINITIONS. 

21 In this subtitle: 

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

23 the Secretary of Agriculture, acting through the 

24 Chief of the Forest Service. 
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1 (2) STATE.—The term ‘‘State’’ means the State 

2 of Colorado. 

3 (3) STUDY AREA.— 

4 (A) IN GENERAL.—The term ‘‘study area’’ 

5 means the land in southern Boulder, northern 

6 Jefferson, and northern Gilpin Counties, Colo7 rado, that is located west of Colorado State 

8 Highway 93, south and east of Colorado State 

9 Highway 119, and north of Colorado State 

10 Highway 46, as generally depicted on the map 

11 entitled ‘‘Colorado Northern Front Range 

12 Mountain Backdrop Protection Study Act: 

13 Study Area’’ and dated August 27, 2008. 

14 (B) EXCLUSIONS.—The term ‘‘study area’’ 

15 does not include land within the city limits of 

16 the cities of Arvada, Boulder, or Golden, Colo17 rado. 

18 (4) UNDEVELOPED LAND.—The term ‘‘undevel19 oped land’’ means land— 

20 (A) that is located within the study area; 

21 (B) that is free or primarily free of struc22 tures; and 

23 (C) the development of which is likely to 

24 affect adversely the scenic, wildlife, or rec25 reational value of the study area. 
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1 SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUN2 TAIN BACKDROP STUDY. 

3 (a) STUDY; REPORT.—Not later than 1 year after the 

4 date of enactment of this Act and except as provided in 

5 subsection (c), the Secretary shall— 

6 (1) conduct a study of the land within the study 

7 area; and 

8 (2) complete a report that— 

9 (A) identifies the present ownership of the 

10 land within the study area; 

11 (B) identifies any undeveloped land that 

12 may be at risk of development; and 

13 (C) describes any actions that could be 

14 taken by the United States, the State, a polit15 ical subdivision of the State, or any other par16 ties to preserve the open and undeveloped char17 acter of the land within the study area. 

18 (b) REQUIREMENTS.—The Secretary shall conduct 

19 the study and develop the report under subsection (a) with 

20 the support and participation of 1 or more of the following 

21 State and local entities: 

22 (1) The Colorado Department of Natural Re23 sources. 

24 (2) Colorado State Forest Service. 

25 (3) Colorado State Conservation Board. 

26 (4) Great Outdoors Colorado. 
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•S 22 ES

1 (5) Boulder, Jefferson, and Gilpin Counties, 

2 Colorado. 

3 (c) LIMITATION.—If the State and local entities spec4 ified in subsection (b) do not support and participate in 

5 the conduct of the study and the development of the report 

6 under this section, the Secretary may— 

7 (1) decrease the area covered by the study area, 

8 as appropriate; or 

9 (2)(A) opt not to conduct the study or develop 

10 the report; and 

11 (B) submit to the Committee on Energy and 

12 Natural Resources of the Senate and the Committee 

13 on Natural Resources of the House of Representa14 tives notice of the decision not to conduct the study 

15 or develop the report. 

16 (d) EFFECT.—Nothing in this subtitle authorizes the 

17 Secretary to take any action that would affect the use of 

18 any land not owned by the United States. 

19 TITLE IV—FOREST LANDSCAPE 

20 RESTORATION 

21 SEC. 4001. PURPOSE. 

22 The purpose of this title is to encourage the collabo23 rative, science-based ecosystem restoration of priority for24 est landscapes through a process that— 
393 

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1 (1) encourages ecological, economic, and social 

2 sustainability; 

3 (2) leverages local resources with national and 

4 private resources; 

5 (3) facilitates the reduction of wildfire manage6 ment costs, including through reestablishing natural 

7 fire regimes and reducing the risk of 

8 uncharacteristic wildfire; and 

9 (4) demonstrates the degree to which— 

10 (A) various ecological restoration tech11 niques— 

12 (i) achieve ecological and watershed 

13 health objectives; and 

14 (ii) affect wildfire activity and man15 agement costs; and 

16 (B) the use of forest restoration byprod17 ucts can offset treatment costs while benefitting 

18 local rural economies and improving forest 

19 health. 

20 SEC. 4002. DEFINITIONS. 

21 In this title: 

22 (1) FUND.—The term ‘‘Fund’’ means the Col23 laborative Forest Landscape Restoration Fund es24 tablished by section 4003(f). 
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1 (2) PROGRAM.—The term ‘‘program’’ means 

2 the Collaborative Forest Landscape Restoration Pro3 gram established under section 4003(a). 

4 (3) PROPOSAL.—The term ‘‘proposal’’ means a 

5 collaborative forest landscape restoration proposal 

6 described in section 4003(b). 

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

8 the Secretary of Agriculture, acting through the 

9 Chief of the Forest Service. 

10 (5) STRATEGY.—The term ‘‘strategy’’ means a 

11 landscape restoration strategy described in section 

12 4003(b)(1). 

13 SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORA14 TION PROGRAM. 

15 (a) IN GENERAL.—The Secretary, in consultation 

16 with the Secretary of the Interior, shall establish a Col17 laborative Forest Landscape Restoration Program to se18 lect and fund ecological restoration treatments for priority 

19 forest landscapes in accordance with— 

20 (1) the Endangered Species Act of 1973 (16 

21 U.S.C. 1531 et seq.); 

22 (2) the National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.); and 

24 (3) any other applicable law. 
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1 (b) ELIGIBILITY CRITERIA.—To be eligible for nomi2 nation under subsection (c), a collaborative forest land3 scape restoration proposal shall— 

4 (1) be based on a landscape restoration strategy 

5 that— 

6 (A) is complete or substantially complete; 

7 (B) identifies and prioritizes ecological res8 toration treatments for a 10-year period within 

9 a landscape that is— 

10 (i) at least 50,000 acres; 

11 (ii) comprised primarily of forested 

12 National Forest System land, but may also 

13 include land under the jurisdiction of the 

14 Bureau of Land Management, land under 

15 the jurisdiction of the Bureau of Indian 

16 Affairs, or other Federal, State, tribal, or 

17 private land; 

18 (iii) in need of active ecosystem res19 toration; and 

20 (iv) accessible by existing or proposed 

21 wood-processing infrastructure at an ap22 propriate scale to use woody biomass and 

23 small-diameter wood removed in ecological 

24 restoration treatments; 
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•S 22 ES

1 (C) incorporates the best available science 

2 and scientific application tools in ecological res3 toration strategies; 

4 (D) fully maintains, or contributes toward 

5 the restoration of, the structure and composi6 tion of old growth stands according to the pre7 fire suppression old growth conditions char8 acteristic of the forest type, taking into account 

9 the contribution of the stand to landscape fire 

10 adaptation and watershed health and retaining 

11 the large trees contributing to old growth struc12 ture; 

13 (E) would carry out any forest restoration 

14 treatments that reduce hazardous fuels by— 

15 (i) focusing on small diameter trees, 

16 thinning, strategic fuel breaks, and fire use 

17 to modify fire behavior, as measured by 

18 the projected reduction of 

19 uncharacteristically severe wildfire effects 

20 for the forest type (such as adverse soil 

21 impacts, tree mortality or other impacts); 

22 and 

23 (ii) maximizing the retention of large 

24 trees, as appropriate for the forest type, to 
397 

•S 22 ES

1 the extent that the trees promote fire-resil2 ient stands; and 

3 (F)(i) does not include the establishment 

4 of permanent roads; and 

5 (ii) would commit funding to decommission 

6 all temporary roads constructed to carry out 

7 the strategy; 

8 (2) be developed and implemented through a 

9 collaborative process that— 

10 (A) includes multiple interested persons 

11 representing diverse interests; and 

12 (B)(i) is transparent and nonexclusive; or 

13 (ii) meets the requirements for a resource 

14 advisory committee under subsections (c) 

15 through (f) of section 205 of Public Law 106– 

16 393 (16 U.S.C. 500 note); 

17 (3) describe plans to— 

18 (A) reduce the risk of uncharacteristic 

19 wildfire, including through the use of fire for 

20 ecological restoration and maintenance and re21 establishing natural fire regimes, where appro22 priate; 

23 (B) improve fish and wildlife habitat, in24 cluding for endangered, threatened, and sen25 sitive species; 
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•S 22 ES

1 (C) maintain or improve water quality and 

2 watershed function; 

3 (D) prevent, remediate, or control inva4 sions of exotic species; 

5 (E) maintain, decommission, and rehabili6 tate roads and trails; 

7 (F) use woody biomass and small-diameter 

8 trees produced from projects implementing the 

9 strategy; 

10 (G) report annually on performance, in11 cluding through performance measures from the 

12 plan entitled the ‘‘10 Year Comprehensive 

13 Strategy Implementation Plan’’ and dated De14 cember 2006; and 

15 (H) take into account any applicable com16 munity wildfire protection plan; 

17 (4) analyze any anticipated cost savings, includ18 ing those resulting from— 

19 (A) reduced wildfire management costs; 

20 and 

21 (B) a decrease in the unit costs of imple22 menting ecological restoration treatments over 

23 time; 

24 (5) estimate— 
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•S 22 ES

1 (A) the annual Federal funding necessary 

2 to implement the proposal; and 

3 (B) the amount of new non-Federal invest4 ment for carrying out the proposal that would 

5 be leveraged; 

6 (6) describe the collaborative process through 

7 which the proposal was developed, including a de8 scription of— 

9 (A) participation by or consultation with 

10 State, local, and Tribal governments; and 

11 (B) any established record of successful 

12 collaborative planning and implementation of 

13 ecological restoration projects on National For14 est System land and other land included in the 

15 proposal by the collaborators; and 

16 (7) benefit local economies by providing local 

17 employment or training opportunities through con18 tracts, grants, or agreements for restoration plan19 ning, design, implementation, or monitoring with— 

20 (A) local private, nonprofit, or cooperative 

21 entities; 

22 (B) Youth Conservation Corps crews or re23 lated partnerships, with State, local, and non24 profit youth groups; 
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1 (C) existing or proposed small or micro2 businesses, clusters, or incubators; or 

3 (D) other entities that will hire or train 

4 local people to complete such contracts, grants, 

5 or agreements; and 

6 (8) be subject to any other requirements that 

7 the Secretary, in consultation with the Secretary of 

8 the Interior, determines to be necessary for the effi9 cient and effective administration of the program. 

10 (c) NOMINATION PROCESS.— 

11 (1) SUBMISSION.—A proposal shall be sub12 mitted to— 

13 (A) the appropriate Regional Forester; and 

14 (B) if actions under the jurisdiction of the 

15 Secretary of the Interior are proposed, the ap16 propriate— 

17 (i) State Director of the Bureau of 

18 Land Management; 

19 (ii) Regional Director of the Bureau 

20 of Indian Affairs; or 

21 (iii) other official of the Department 

22 of the Interior. 

23 (2) NOMINATION.— 

24 (A) IN GENERAL.—A Regional Forester 

25 may nominate for selection by the Secretary 
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1 any proposals that meet the eligibility criteria 

2 established by subsection (b). 

3 (B) CONCURRENCE.—Any proposal nomi4 nated by the Regional Forester that proposes 

5 actions under the jurisdiction of the Secretary 

6 of the Interior shall include the concurrence of 

7 the appropriate— 

8 (i) State Director of the Bureau of 

9 Land Management; 

10 (ii) Regional Director of the Bureau 

11 of Indian Affairs; or 

12 (iii) other official of the Department 

13 of the Interior. 

14 (3) DOCUMENTATION.—With respect to each 

15 proposal that is nominated under paragraph (2)— 

16 (A) the appropriate Regional Forester 

17 shall— 

18 (i) include a plan to use Federal funds 

19 allocated to the region to fund those costs 

20 of planning and carrying out ecological res21 toration treatments on National Forest 

22 System land, consistent with the strategy, 

23 that would not be covered by amounts 

24 transferred to the Secretary from the 

25 Fund; and 
402 

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1 (ii) provide evidence that amounts 

2 proposed to be transferred to the Secretary 

3 from the Fund during the first 2 fiscal 

4 years following selection would be used to 

5 carry out ecological restoration treatments 

6 consistent with the strategy during the 

7 same fiscal year in which the funds are 

8 transferred to the Secretary; 

9 (B) if actions under the jurisdiction of the 

10 Secretary of the Interior are proposed, the nom11 ination shall include a plan to fund such ac12 tions, consistent with the strategy, by the ap13 propriate— 

14 (i) State Director of the Bureau of 

15 Land Management; 

16 (ii) Regional Director of the Bureau 

17 of Indian Affairs; or 

18 (iii) other official of the Department 

19 of the Interior; and 

20 (C) if actions on land not under the juris21 diction of the Secretary or the Secretary of the 

22 Interior are proposed, the appropriate Regional 

23 Forester shall provide evidence that the land24 owner intends to participate in, and provide ap25 propriate funding to carry out, the actions. 
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•S 22 ES

1 (d) SELECTION PROCESS.— 

2 (1) IN GENERAL.—After consulting with the ad3 visory panel established under subsection (e), the 

4 Secretary, in consultation with the Secretary of the 

5 Interior, shall, subject to paragraph (2), select the 

6 best proposals that— 

7 (A) have been nominated under subsection 

8 (c)(2); and 

9 (B) meet the eligibility criteria established 

10 by subsection (b). 

11 (2) CRITERIA.—In selecting proposals under 

12 paragraph (1), the Secretary shall give special con13 sideration to— 

14 (A) the strength of the proposal and strat15 egy; 

16 (B) the strength of the ecological case of 

17 the proposal and the proposed ecological res18 toration strategies; 

19 (C) the strength of the collaborative proc20 ess and the likelihood of successful collaboration 

21 throughout implementation; 

22 (D) whether the proposal is likely to 

23 achieve reductions in long-term wildfire man24 agement costs; 
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•S 22 ES

1 (E) whether the proposal would reduce the 

2 relative costs of carrying out ecological restora3 tion treatments as a result of the use of woody 

4 biomass and small-diameter trees; and 

5 (F) whether an appropriate level of non6 Federal investment would be leveraged in car7 rying out the proposal. 

8 (3) LIMITATION.—The Secretary may select not 

9 more than— 

10 (A) 10 proposals to be funded during any 

11 fiscal year; 

12 (B) 2 proposals in any 1 region of the Na13 tional Forest System to be funded during any 

14 fiscal year; and 

15 (C) the number of proposals that the Sec16 retary determines are likely to receive adequate 

17 funding. 

18 (e) ADVISORY PANEL.— 

19 (1) IN GENERAL.—The Secretary shall establish 

20 and maintain an advisory panel comprised of not 

21 more than 15 members to evaluate, and provide rec22 ommendations on, each proposal that has been nomi23 nated under subsection (c)(2). 

24 (2) REPRESENTATION.—The Secretary shall en25 sure that the membership of the advisory panel is 
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•S 22 ES

1 fairly balanced in terms of the points of view rep2 resented and the functions to be performed by the 

3 advisory panel. 

4 (3) INCLUSION.—The advisory panel shall in5 clude experts in ecological restoration, fire ecology, 

6 fire management, rural economic development, strat7 egies for ecological adaptation to climate change, 

8 fish and wildlife ecology, and woody biomass and 

9 small-diameter tree utilization. 

10 (f) COLLABORATIVE FOREST LANDSCAPE RESTORA11 TION FUND.— 

12 (1) ESTABLISHMENT.—There is established in 

13 the Treasury of the United States a fund, to be 

14 known as the ‘‘Collaborative Forest Landscape Res15 toration Fund’’, to be used to pay up to 50 percent 

16 of the cost of carrying out and monitoring ecological 

17 restoration treatments on National Forest System 

18 land for each proposal selected to be carried out 

19 under subsection (d). 

20 (2) INCLUSION.—The cost of carrying out eco21 logical restoration treatments as provided in para22 graph (1) may, as the Secretary determines to be 

23 appropriate, include cancellation and termination 

24 costs required to be obligated for contracts to carry 

25 out ecological restoration treatments on National 
406 

•S 22 ES

1 Forest System land for each proposal selected to be 

2 carried out under subsection (d). 

3 (3) CONTENTS.—The Fund shall consist of 

4 such amounts as are appropriated to the Fund 

5 under paragraph (6). 

6 (4) EXPENDITURES FROM FUND.— 

7 (A) IN GENERAL.—On request by the Sec8 retary, the Secretary of the Treasury shall 

9 transfer from the Fund to the Secretary such 

10 amounts as the Secretary determines are appro11 priate, in accordance with paragraph (1). 

12 (B) LIMITATION.—The Secretary shall not 

13 expend money from the Fund on any 1 pro14 posal— 

15 (i) during a period of more than 10 

16 fiscal years; or 

17 (ii) in excess of $4,000,000 in any 1 

18 fiscal year. 

19 (5) ACCOUNTING AND REPORTING SYSTEM.— 

20 The Secretary shall establish an accounting and re21 porting system for the Fund. 

22 (6) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated to the Fund 

24 $40,000,000 for each of fiscal years 2009 through 

25 2019, to remain available until expended. 
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1 (g) PROGRAM IMPLEMENTATION AND MONI2 TORING.— 

3 (1) WORK PLAN.—Not later than 180 days 

4 after the date on which a proposal is selected to be 

5 carried out, the Secretary shall create, in collabora6 tion with the interested persons, an implementation 

7 work plan and budget to implement the proposal 

8 that includes— 

9 (A) a description of the manner in which 

10 the proposal would be implemented to achieve 

11 ecological and community economic benefit, in12 cluding capacity building to accomplish restora13 tion; 

14 (B) a business plan that addresses— 

15 (i) the anticipated unit treatment cost 

16 reductions over 10 years; 

17 (ii) the anticipated costs for infra18 structure needed for the proposal; 

19 (iii) the projected sustainability of the 

20 supply of woody biomass and small-diame21 ter trees removed in ecological restoration 

22 treatments; and 

23 (iv) the projected local economic bene24 fits of the proposal; 
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•S 22 ES

1 (C) documentation of the non-Federal in2 vestment in the priority landscape, including 

3 the sources and uses of the investments; and 

4 (D) a plan to decommission any temporary 

5 roads established to carry out the proposal. 

6 (2) PROJECT IMPLEMENTATION.—Amounts 

7 transferred to the Secretary from the Fund shall be 

8 used to carry out ecological restoration treatments 

9 that are— 

10 (A) consistent with the proposal and strat11 egy; and 

12 (B) identified through the collaborative 

13 process described in subsection (b)(2). 

14 (3) ANNUAL REPORT.—The Secretary, in col15 laboration with the Secretary of the Interior and in16 terested persons, shall prepare an annual report on 

17 the accomplishments of each selected proposal that 

18 includes— 

19 (A) a description of all acres (or other ap20 propriate unit) treated and restored through 

21 projects implementing the strategy; 

22 (B) an evaluation of progress, including 

23 performance measures and how prior year eval24 uations have contributed to improved project 

25 performance; 
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•S 22 ES

1 (C) a description of community benefits 

2 achieved, including any local economic benefits; 

3 (D) the results of the multiparty moni4 toring, evaluation, and accountability process 

5 under paragraph (4); and 

6 (E) a summary of the costs of— 

7 (i) treatments; and 

8 (ii) relevant fire management activi9 ties. 

10 (4) MULTIPARTY MONITORING.—The Secretary 

11 shall, in collaboration with the Secretary of the Inte12 rior and interested persons, use a multiparty moni13 toring, evaluation, and accountability process to as14 sess the positive or negative ecological, social, and 

15 economic effects of projects implementing a selected 

16 proposal for not less than 15 years after project im17 plementation commences. 

18 (h) REPORT.—Not later than 5 years after the first 

19 fiscal year in which funding is made available to carry out 

20 ecological restoration projects under the program, and 

21 every 5 years thereafter, the Secretary, in consultation 

22 with the Secretary of the Interior, shall submit a report 

23 on the program, including an assessment of whether, and 

24 to what extent, the program is fulfilling the purposes of 

25 this title, to— 
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1 (1) the Committee on Energy and Natural Re2 sources of the Senate; 

3 (2) the Committee on Appropriations of the 

4 Senate; 

5 (3) the Committee on Natural Resources of the 

6 House of Representatives; and 

7 (4) the Committee on Appropriations of the 

8 House of Representatives. 

9 SEC. 4004. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to the Sec11 retary and the Secretary of the Interior such sums as are 

12 necessary to carry out this title. 

13 TITLE V—RIVERS AND TRAILS 

14 Subtitle A—Additions to the Na15 tional Wild and Scenic Rivers 

16 System 

17 SEC. 5001. FOSSIL CREEK, ARIZONA. 

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

19 U.S.C. 1274(a)) (as amended by section 1852) is amended 

20 by adding at the end the following: 

21 ‘‘(205) FOSSIL CREEK, ARIZONA.—Approxi22 mately 16.8 miles of Fossil Creek from the con23 fluence of Sand Rock and Calf Pen Canyons to the 

24 confluence with the Verde River, to be administered 
411 

•S 22 ES

1 by the Secretary of Agriculture in the following 

2 classes: 

3 ‘‘(A) The approximately 2.7-mile segment 

4 from the confluence of Sand Rock and Calf Pen 

5 Canyons to the point where the segment exits 

6 the Fossil Spring Wilderness, as a wild river. 

7 ‘‘(B) The approximately 7.5-mile segment 

8 from where the segment exits the Fossil Creek 

9 Wilderness to the boundary of the Mazatzal 

10 Wilderness, as a recreational river. 

11 ‘‘(C) The 6.6-mile segment from the 

12 boundary of the Mazatzal Wilderness down13 stream to the confluence with the Verde River, 

14 as a wild river.’’. 

15 SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING. 

16 (a) SHORT TITLE.—This section may be cited as the 

17 ‘‘Craig Thomas Snake Headwaters Legacy Act of 2008’’. 

18 (b) FINDINGS; PURPOSES.— 

19 (1) FINDINGS.—Congress finds that— 

20 (A) the headwaters of the Snake River 

21 System in northwest Wyoming feature some of 

22 the cleanest sources of freshwater, healthiest 

23 native trout fisheries, and most intact rivers 

24 and streams in the lower 48 States; 
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1 (B) the rivers and streams of the head2 waters of the Snake River System— 

3 (i) provide unparalleled fishing, hunt4 ing, boating, and other recreational activi5 ties for— 

6 (I) local residents; and 

7 (II) millions of visitors from 

8 around the world; and 

9 (ii) are national treasures; 

10 (C) each year, recreational activities on the 

11 rivers and streams of the headwaters of the 

12 Snake River System generate millions of dollars 

13 for the economies of— 

14 (i) Teton County, Wyoming; and 

15 (ii) Lincoln County, Wyoming; 

16 (D) to ensure that future generations of 

17 citizens of the United States enjoy the benefits 

18 of the rivers and streams of the headwaters of 

19 the Snake River System, Congress should apply 

20 the protections provided by the Wild and Scenic 

21 Rivers Act (16 U.S.C. 1271 et seq.) to those 

22 rivers and streams; and 

23 (E) the designation of the rivers and 

24 streams of the headwaters of the Snake River 

25 System under the Wild and Scenic Rivers Act 
413 

•S 22 ES

1 (16 U.S.C. 1271 et seq.) will signify to the citi2 zens of the United States the importance of 

3 maintaining the outstanding and remarkable 

4 qualities of the Snake River System while— 

5 (i) preserving public access to those 

6 rivers and streams; 

7 (ii) respecting private property rights 

8 (including existing water rights); and 

9 (iii) continuing to allow historic uses 

10 of the rivers and streams. 

11 (2) PURPOSES.—The purposes of this section 

12 are— 

13 (A) to protect for current and future gen14 erations of citizens of the United States the 

15 outstandingly remarkable scenic, natural, wild16 life, fishery, recreational, scientific, historic, and 

17 ecological values of the rivers and streams of 

18 the headwaters of the Snake River System, 

19 while continuing to deliver water and operate 

20 and maintain valuable irrigation water infra21 structure; and 

22 (B) to designate approximately 387.7 miles 

23 of the rivers and streams of the headwaters of 

24 the Snake River System as additions to the Na25 tional Wild and Scenic Rivers System. 
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1 (c) DEFINITIONS.—In this section: 

2 (1) SECRETARY CONCERNED.—The term ‘‘Sec3 retary concerned’’ means— 

4 (A) the Secretary of Agriculture (acting 

5 through the Chief of the Forest Service), with 

6 respect to each river segment described in para7 graph (205) of section 3(a) of the Wild and 

8 Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

9 added by subsection (d)) that is not located 

10 in— 

11 (i) Grand Teton National Park; 

12 (ii) Yellowstone National Park; 

13 (iii) the John D. Rockefeller, Jr. Me14 morial Parkway; or 

15 (iv) the National Elk Refuge; and 

16 (B) the Secretary of the Interior, with re17 spect to each river segment described in para18 graph (205) of section 3(a) of the Wild and 

19 Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

20 added by subsection (d)) that is located in— 

21 (i) Grand Teton National Park; 

22 (ii) Yellowstone National Park; 

23 (iii) the John D. Rockefeller, Jr. Me24 morial Parkway; or 

25 (iv) the National Elk Refuge. 
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1 (2) STATE.—The term ‘‘State’’ means the State 

2 of Wyoming. 

3 (d) WILD AND SCENIC RIVER DESIGNATIONS, SNAKE

4 RIVER HEADWATERS, WYOMING.—Section 3(a) of the 

5 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

6 amended by section 5001) is amended by adding at the 

7 end the following: 

8 ‘‘(206) SNAKE RIVER HEADWATERS, WYO9 MING.—The following segments of the Snake River 

10 System, in the State of Wyoming: 

11 ‘‘(A) BAILEY CREEK.—The 7-mile segment 

12 of Bailey Creek, from the divide with the Little 

13 Greys River north to its confluence with the 

14 Snake River, as a wild river. 

15 ‘‘(B) BLACKROCK CREEK.—The 22-mile 

16 segment from its source to the Bridger-Teton 

17 National Forest boundary, as a scenic river. 

18 ‘‘(C) BUFFALO FORK OF THE SNAKE

19 RIVER.—The portions of the Buffalo Fork of 

20 the Snake River, consisting of— 

21 ‘‘(i) the 55-mile segment consisting of 

22 the North Fork, the Soda Fork, and the 

23 South Fork, upstream from Turpin Mead24 ows, as a wild river; 
416 

•S 22 ES

1 ‘‘(ii) the 14-mile segment from Turpin 

2 Meadows to the upstream boundary of 

3 Grand Teton National Park, as a scenic 

4 river; and 

5 ‘‘(iii) the 7.7-mile segment from the 

6 upstream boundary of Grand Teton Na7 tional Park to its confluence with the 

8 Snake River, as a scenic river. 

9 ‘‘(D) CRYSTAL CREEK.—The portions of 

10 Crystal Creek, consisting of— 

11 ‘‘(i) the 14-mile segment from its 

12 source to the Gros Ventre Wilderness 

13 boundary, as a wild river; and 

14 ‘‘(ii) the 5-mile segment from the 

15 Gros Ventre Wilderness boundary to its 

16 confluence with the Gros Ventre River, as 

17 a scenic river. 

18 ‘‘(E) GRANITE CREEK.—The portions of 

19 Granite Creek, consisting of— 

20 ‘‘(i) the 12-mile segment from its 

21 source to the end of Granite Creek Road, 

22 as a wild river; and 

23 ‘‘(ii) the 9.5-mile segment from Gran24 ite Hot Springs to the point 1 mile up-
417 

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1 stream from its confluence with the 

2 Hoback River, as a scenic river. 

3 ‘‘(F) GROS VENTRE RIVER.—The portions 

4 of the Gros Ventre River, consisting of— 

5 ‘‘(i) the 16.5-mile segment from its 

6 source to Darwin Ranch, as a wild river; 

7 ‘‘(ii) the 39-mile segment from Dar8 win Ranch to the upstream boundary of 

9 Grand Teton National Park, excluding the 

10 section along Lower Slide Lake, as a sce11 nic river; and 

12 ‘‘(iii) the 3.3-mile segment flowing 

13 across the southern boundary of Grand 

14 Teton National Park to the Highlands 

15 Drive Loop Bridge, as a scenic river. 

16 ‘‘(G) HOBACK RIVER.—The 10-mile seg17 ment from the point 10 miles upstream from its 

18 confluence with the Snake River to its con19 fluence with the Snake River, as a recreational 

20 river. 

21 ‘‘(H) LEWIS RIVER.—The portions of the 

22 Lewis River, consisting of— 

23 ‘‘(i) the 5-mile segment from Sho24 shone Lake to Lewis Lake, as a wild river; 

25 and 
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1 ‘‘(ii) the 12-mile segment from the 

2 outlet of Lewis Lake to its confluence with 

3 the Snake River, as a scenic river. 

4 ‘‘(I) PACIFIC CREEK.—The portions of Pa5 cific Creek, consisting of— 

6 ‘‘(i) the 22.5-mile segment from its 

7 source to the Teton Wilderness boundary, 

8 as a wild river; and 

9 ‘‘(ii) the 11-mile segment from the 

10 Wilderness boundary to its confluence with 

11 the Snake River, as a scenic river. 

12 ‘‘(J) SHOAL CREEK.—The 8-mile segment 

13 from its source to the point 8 miles downstream 

14 from its source, as a wild river. 

15 ‘‘(K) SNAKE RIVER.—The portions of the 

16 Snake River, consisting of— 

17 ‘‘(i) the 47-mile segment from its 

18 source to Jackson Lake, as a wild river; 

19 ‘‘(ii) the 24.8-mile segment from 1 

20 mile downstream of Jackson Lake Dam to 

21 1 mile downstream of the Teton Park 

22 Road bridge at Moose, Wyoming, as a sce23 nic river; and 

24 ‘‘(iii) the 19-mile segment from the 

25 mouth of the Hoback River to the point 1 
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•S 22 ES

1 mile upstream from the Highway 89 bridge 

2 at Alpine Junction, as a recreational river, 

3 the boundary of the western edge of the 

4 corridor for the portion of the segment ex5 tending from the point 3.3 miles down6 stream of the mouth of the Hoback River 

7 to the point 4 miles downstream of the 

8 mouth of the Hoback River being the ordi9 nary high water mark. 

10 ‘‘(L) WILLOW CREEK.—The 16.2-mile seg11 ment from the point 16.2 miles upstream from 

12 its confluence with the Hoback River to its con13 fluence with the Hoback River, as a wild river. 

14 ‘‘(M) WOLF CREEK.—The 7-mile segment 

15 from its source to its confluence with the Snake 

16 River, as a wild river.’’. 

17 (e) MANAGEMENT.— 

18 (1) IN GENERAL.—Each river segment de19 scribed in paragraph (205) of section 3(a) of the 

20 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

21 added by subsection (d)) shall be managed by the 

22 Secretary concerned. 

23 (2) MANAGEMENT PLAN.— 

24 (A) IN GENERAL.—In accordance with 

25 subparagraph (A), not later than 3 years after 
420 

•S 22 ES

1 the date of enactment of this Act, the Secretary 

2 concerned shall develop a management plan for 

3 each river segment described in paragraph 

4 (205) of section 3(a) of the Wild and Scenic 

5 Rivers Act (16 U.S.C. 1274(a)) (as added by 

6 subsection (d)) that is located in an area under 

7 the jurisdiction of the Secretary concerned. 

8 (B) REQUIRED COMPONENT.—Each man9 agement plan developed by the Secretary con10 cerned under subparagraph (A) shall contain, 

11 with respect to the river segment that is the 

12 subject of the plan, a section that contains an 

13 analysis and description of the availability and 

14 compatibility of future development with the 

15 wild and scenic character of the river segment 

16 (with particular emphasis on each river segment 

17 that contains 1 or more parcels of private land). 

18 (3) QUANTIFICATION OF WATER RIGHTS RE19 SERVED BY RIVER SEGMENTS.— 

20 (A) The Secretary concerned shall apply 

21 for the quantification of the water rights re22 served by each river segment designated by this 

23 section in accordance with the procedural re24 quirements of the laws of the State of Wyo25 ming. 
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•S 22 ES

1 (B) For the purpose of the quantification 

2 of water rights under this subsection, with re3 spect to each Wild and Scenic River segment 

4 designated by this section— 

5 (i) the purposes for which the seg6 ments are designated, as set forth in this 

7 section, are declared to be beneficial uses; 

8 and 

9 (ii) the priority date of such right 

10 shall be the date of enactment of this Act. 

11 (4) STREAM GAUGES.—Consistent with the 

12 Wild and Scenic Rivers Act (16 U.S.C. 1271 et 

13 seq.), the Secretary may carry out activities at 

14 United States Geological Survey stream gauges that 

15 are located on the Snake River (including tributaries 

16 of the Snake River), including flow measurements 

17 and operation, maintenance, and replacement. 

18 (5) CONSENT OF PROPERTY OWNER.—No prop19 erty or interest in property located within the bound20 aries of any river segment described in paragraph 

21 (205) of section 3(a) of the Wild and Scenic Rivers 

22 Act (16 U.S.C. 1274(a)) (as added by subsection 

23 (d)) may be acquired by the Secretary without the 

24 consent of the owner of the property or interest in 

25 property. 
422 

•S 22 ES

1 (6) EFFECT OF DESIGNATIONS.— 

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

3 affects valid existing rights, including— 

4 (i) all interstate water compacts in ex5 istence on the date of enactment of this 

6 Act (including full development of any ap7 portionment made in accordance with the 

8 compacts); 

9 (ii) water rights in the States of Idaho 

10 and Wyoming; and 

11 (iii) water rights held by the United 

12 States. 

13 (B) JACKSON LAKE; JACKSON LAKE

14 DAM.—Nothing in this section shall affect the 

15 management and operation of Jackson Lake or 

16 Jackson Lake Dam, including the storage, man17 agement, and release of water. 

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as are nec20 essary to carry out this section. 

21 SEC. 5003. TAUNTON RIVER, MASSACHUSETTS. 

22 (a) DESIGNATION.—Section 3(a) of the Wild and 

23 Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by 

24 section 5002(d)) is amended by adding at the end the fol25 lowing: 
423 

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1 ‘‘(206) TAUNTON RIVER, MASSACHUSETTS.— 

2 The main stem of the Taunton River from its head3 waters at the confluence of the Town and Matfield 

4 Rivers in the Town of Bridgewater downstream 40 

5 miles to the confluence with the Quequechan River 

6 at the Route 195 Bridge in the City of Fall River, 

7 to be administered by the Secretary of the Interior 

8 in cooperation with the Taunton River Stewardship 

9 Council as follows: 

10 ‘‘(A) The 18-mile segment from the con11 fluence of the Town and Matfield Rivers to 

12 Route 24 in the Town of Raynham, as a scenic 

13 river. 

14 ‘‘(B) The 5-mile segment from Route 24 to 

15 0.5 miles below Weir Bridge in the City of 

16 Taunton, as a recreational river. 

17 ‘‘(C) The 8-mile segment from 0.5 miles 

18 below Weir Bridge to Muddy Cove in the Town 

19 of Dighton, as a scenic river. 

20 ‘‘(D) The 9-mile segment from Muddy 

21 Cove to the confluence with the Quequechan 

22 River at the Route 195 Bridge in the City of 

23 Fall River, as a recreational river.’’. 

24 (b) MANAGEMENT OF TAUNTON RIVER, MASSACHU25 SETTS.— 
424 

•S 22 ES

1 (1) TAUNTON RIVER STEWARDSHIP PLAN.— 

2 (A) IN GENERAL.—Each river segment 

3 designated by section 3(a)(206) of the Wild and 

4 Scenic Rivers Act (as added by subsection (a)) 

5 shall be managed in accordance with the Taun6 ton River Stewardship Plan, dated July 2005 

7 (including any amendment to the Taunton 

8 River Stewardship Plan that the Secretary of 

9 the Interior (referred to in this subsection as 

10 the ‘‘Secretary’’) determines to be consistent 

11 with this section). 

12 (B) EFFECT.—The Taunton River Stew13 ardship Plan described in subparagraph (A) 

14 shall be considered to satisfy each requirement 

15 relating to the comprehensive management plan 

16 required under section 3(d) of the Wild and 

17 Scenic Rivers Act (16 U.S.C. 1274(d)). 

18 (2) COOPERATIVE AGREEMENTS.—To provide 

19 for the long-term protection, preservation, and en20 hancement of each river segment designated by sec21 tion 3(a)(206) of the Wild and Scenic Rivers Act (as 

22 added by subsection (a)), pursuant to sections 10(e) 

23 and 11(b)(1) of the Wild and Scenic Rivers Act (16 

24 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may 

25 enter into cooperative agreements (which may in-
425 

•S 22 ES

1 clude provisions for financial and other assistance) 

2 with— 

3 (A) the Commonwealth of Massachusetts 

4 (including political subdivisions of the Common5 wealth of Massachusetts); 

6 (B) the Taunton River Stewardship Coun7 cil; and 

8 (C) any appropriate nonprofit organiza9 tion, as determined by the Secretary. 

10 (3) RELATION TO NATIONAL PARK SYSTEM.— 

11 Notwithstanding section 10(c) of the Wild and Sce12 nic Rivers Act (16 U.S.C. 1281(c)), each river seg13 ment designated by section 3(a)(206) of the Wild 

14 and Scenic Rivers Act (as added by subsection (a)) 

15 shall not be— 

16 (A) administered as a unit of the National 

17 Park System; or 

18 (B) subject to the laws (including regula19 tions) that govern the administration of the Na20 tional Park System. 

21 (4) LAND MANAGEMENT.— 

22 (A) ZONING ORDINANCES.—The zoning or23 dinances adopted by the Towns of Bridgewater, 

24 Halifax, Middleborough, Raynham, Berkley, 

25 Dighton, Freetown, and Somerset, and the Cit-
426 

•S 22 ES

1 ies of Taunton and Fall River, Massachusetts 

2 (including any provision of the zoning ordi3 nances relating to the conservation of 

4 floodplains, wetlands, and watercourses associ5 ated with any river segment designated by sec6 tion 3(a)(206) of the Wild and Scenic Rivers 

7 Act (as added by subsection (a))), shall be con8 sidered to satisfy each standard and require9 ment described in section 6(c) of the Wild and 

10 Scenic Rivers Act (16 U.S.C. 1277(c)). 

11 (B) VILLAGES.—For the purpose of sec12 tion 6(c) of the Wild and Scenic Rivers Act (16 

13 U.S.C. 1277(c)), each town described in sub14 paragraph (A) shall be considered to be a vil15 lage. 

16 (C) ACQUISITION OF LAND.— 

17 (i) LIMITATION OF AUTHORITY OF

18 SECRETARY.—With respect to each river 

19 segment designated by section 3(a)(206) of 

20 the Wild and Scenic Rivers Act (as added 

21 by subsection (a)), the Secretary may only 

22 acquire parcels of land— 

23 (I) by donation; or 

24 (II) with the consent of the 

25 owner of the parcel of land. 
427 

•S 22 ES

1 (ii) PROHIBITION RELATING TO AC2 QUISITION OF LAND BY CONDEMNATION.— 

3 In accordance with section 6(c) of the Wild 

4 and Scenic Rivers Act (16 U.S.C. 

5 1277(c)), with respect to each river seg6 ment designated by section 3(a)(206) of 

7 the Wild and Scenic Rivers Act (as added 

8 by subsection (a)), the Secretary may not 

9 acquire any parcel of land by condemna10 tion. 

11 Subtitle B—Wild and Scenic Rivers 

12 Studies 

13 SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY. 

14 (a) DESIGNATION FOR STUDY.—Section 5(a) of the 

15 Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amend16 ed by adding at the end the following: 

17 ‘‘(140) MISSISQUOI AND TROUT RIVERS, 

18 VERMONT.—The approximately 25-mile segment of 

19 the upper Missisquoi from its headwaters in Lowell 

20 to the Canadian border in North Troy, the approxi21 mately 25-mile segment from the Canadian border 

22 in East Richford to Enosburg Falls, and the ap23 proximately 20-mile segment of the Trout River 

24 from its headwaters to its confluence with the 

25 Missisquoi River.’’. 
428 

•S 22 ES

1 (b) STUDY AND REPORT.—Section 5(b) of the Wild 

2 and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended 

3 by adding at the end the following: 

4 ‘‘(19) MISSISQUOI AND TROUT RIVERS, 

5 VERMONT.—Not later than 3 years after the date on 

6 which funds are made available to carry out this 

7 paragraph, the Secretary of the Interior shall— 

8 ‘‘(A) complete the study of the Missisquoi 

9 and Trout Rivers, Vermont, described in sub10 section (a)(140); and 

11 ‘‘(B) submit a report describing the results 

12 of that study to the appropriate committees of 

13 Congress.’’. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as are nec16 essary to carry out this section. 

17 Subtitle C—Additions to the 

18 National Trails System 

19 SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL. 

20 Section 5(a) of the National Trails System Act (16 

21 U.S.C. 1244(a)) is amended by adding at the end the fol22 lowing: 

23 ‘‘(27) ARIZONA NATIONAL SCENIC TRAIL.— 

24 ‘‘(A) IN GENERAL.—The Arizona National 

25 Scenic Trail, extending approximately 807 miles 
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1 across the State of Arizona from the U.S.–Mex2 ico international border to the Arizona–Utah 

3 border, as generally depicted on the map enti4 tled ‘Arizona National Scenic Trail’ and dated 

5 December 5, 2007, to be administered by the 

6 Secretary of Agriculture, in consultation with 

7 the Secretary of the Interior and appropriate 

8 State, tribal, and local governmental agencies. 

9 ‘‘(B) AVAILABILITY OF MAP.—The map 

10 shall be on file and available for public inspec11 tion in appropriate offices of the Forest Serv12 ice.’’. 

13 SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL. 

14 (a) AUTHORIZATION AND ADMINISTRATION.—Sec15 tion 5(a) of the National Trails System Act (16 U.S.C. 

16 1244(a)) (as amended by section 5201) is amended by 

17 adding at the end the following: 

18 ‘‘(28) NEW ENGLAND NATIONAL SCENIC

19 TRAIL.—The New England National Scenic Trail, a 

20 continuous trail extending approximately 220 miles 

21 from the border of New Hampshire in the town of 

22 Royalston, Massachusetts to Long Island Sound in 

23 the town of Guilford, Connecticut, as generally de24 picted on the map titled ‘New England National 

25 Scenic Trail Proposed Route’, numbered T06/ 
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1 80,000, and dated October 2007. The map shall be 

2 on file and available for public inspection in the ap3 propriate offices of the National Park Service. The 

4 Secretary of the Interior, in consultation with appro5 priate Federal, State, tribal, regional, and local 

6 agencies, and other organizations, shall administer 

7 the trail after considering the recommendations of 

8 the report titled the ‘Metacomet Monadnock 

9 Mattabesset Trail System National Scenic Trail 

10 Feasibility Study and Environmental Assessment’, 

11 prepared by the National Park Service, and dated 

12 Spring 2006. The United States shall not acquire 

13 for the trail any land or interest in land without the 

14 consent of the owner.’’. 

15 (b) MANAGEMENT.—The Secretary of the Interior 

16 (referred to in this section as the ‘‘Secretary’’) shall con17 sider the actions outlined in the Trail Management Blue18 print described in the report titled the ‘‘Metacomet Mo19 nadnock Mattabesett Trail System National Scenic Trail 

20 Feasibility Study and Environmental Assessment’’, pre21 pared by the National Park Service, and dated Spring 

22 2006, as the framework for management and administra23 tion of the New England National Scenic Trail. Additional 

24 or more detailed plans for administration, management, 

25 protection, access, maintenance, or development of the 
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1 trail may be developed consistent with the Trail Manage2 ment Blueprint, and as approved by the Secretary. 

3 (c) COOPERATIVE AGREEMENTS.—The Secretary is 

4 authorized to enter into cooperative agreements with the 

5 Commonwealth of Massachusetts (and its political subdivi6 sions), the State of Connecticut (and its political subdivi7 sions), and other regional, local, and private organizations 

8 deemed necessary and desirable to accomplish cooperative 

9 trail administrative, management, and protection objec10 tives consistent with the Trail Management Blueprint. An 

11 agreement under this subsection may include provisions 

12 for limited financial assistance to encourage participation 

13 in the planning, acquisition, protection, operation, develop14 ment, or maintenance of the trail. 

15 (d) ADDITIONAL TRAIL SEGMENTS.—Pursuant to 

16 section 6 of the National Trails System Act (16 U.S.C. 

17 1245), the Secretary is encouraged to work with the State 

18 of New Hampshire and appropriate local and private orga19 nizations to include that portion of the Metacomet-Monad20 nock Trail in New Hampshire (which lies between 

21 Royalston, Massachusetts and Jaffrey, New Hampshire) 

22 as a component of the New England National Scenic 

23 Trail. Inclusion of this segment, as well as other potential 

24 side or connecting trails, is contingent upon written appli25 cation to the Secretary by appropriate State and local ju-
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1 risdictions and a finding by the Secretary that trail man2 agement and administration is consistent with the Trail 

3 Management Blueprint. 

4 SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL. 

5 (a) FINDINGS; PURPOSE.— 

6 (1) FINDINGS.—Congress finds that— 

7 (A) at the end of the last Ice Age, some 

8 12,000 to 17,000 years ago, a series of cata9 clysmic floods occurred in what is now the 

10 northwest region of the United States, leaving 

11 a lasting mark of dramatic and distinguishing 

12 features on the landscape of parts of the States 

13 of Montana, Idaho, Washington and Oregon; 

14 (B) geological features that have excep15 tional value and quality to illustrate and inter16 pret this extraordinary natural phenomenon are 

17 present on Federal, State, tribal, county, mu18 nicipal, and private land in the region; and 

19 (C) in 2001, a joint study team headed by 

20 the National Park Service that included about 

21 70 members from public and private entities 

22 completed a study endorsing the establishment 

23 of an Ice Age Floods National Geologic Trail— 

24 (i) to recognize the national signifi25 cance of this phenomenon; and 
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1 (ii) to coordinate public and private 

2 sector entities in the presentation of the 

3 story of the Ice Age floods. 

4 (2) PURPOSE.—The purpose of this section is 

5 to designate the Ice Age Floods National Geologic 

6 Trail in the States of Montana, Idaho, Washington, 

7 and Oregon, enabling the public to view, experience, 

8 and learn about the features and story of the Ice 

9 Age floods through the collaborative efforts of public 

10 and private entities. 

11 (b) DEFINITIONS.—In this section: 

12 (1) ICE AGE FLOODS; FLOODS.—The term ‘‘Ice 

13 Age floods’’ or ‘‘floods’’ means the cataclysmic floods 

14 that occurred in what is now the northwestern 

15 United States during the last Ice Age from massive, 

16 rapid and recurring drainage of Glacial Lake Mis17 soula. 

18 (2) PLAN.—The term ‘‘plan’’ means the cooper19 ative management and interpretation plan author20 ized under subsection (f)(5). 

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

22 the Secretary of the Interior. 

23 (4) TRAIL.—The term ‘‘Trail’’ means the Ice 

24 Age Floods National Geologic Trail designated by 

25 subsection (c). 
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1 (c) DESIGNATION.—In order to provide for public ap2 preciation, understanding, and enjoyment of the nationally 

3 significant natural and cultural features of the Ice Age 

4 floods and to promote collaborative efforts for interpreta5 tion and education among public and private entities lo6 cated along the pathways of the floods, there is designated 

7 the Ice Age Floods National Geologic Trail. 

8 (d) LOCATION.— 

9 (1) MAP.—The route of the Trail shall be as 

10 generally depicted on the map entitled ‘‘Ice Age 

11 Floods National Geologic Trail,’’ numbered P43/ 

12 80,000 and dated June 2004. 

13 (2) ROUTE.—The route shall generally follow 

14 public roads and highways. 

15 (3) REVISION.—The Secretary may revise the 

16 map by publication in the Federal Register of a no17 tice of availability of a new map as part of the plan. 

18 (e) MAP AVAILABILITY.—The map referred to in sub19 section (d)(1) shall be on file and available for public in20 spection in the appropriate offices of the National Park 

21 Service. 

22 (f) ADMINISTRATION.— 

23 (1) IN GENERAL.—The Secretary, acting 

24 through the Director of the National Park Service, 
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1 shall administer the Trail in accordance with this 

2 section. 

3 (2) LIMITATION.—Except as provided in para4 graph (6)(B), the Trail shall not be considered to be 

5 a unit of the National Park System. 

6 (3) TRAIL MANAGEMENT OFFICE.—To improve 

7 management of the Trail and coordinate Trail activi8 ties with other public agencies and private entities, 

9 the Secretary may establish and operate a trail man10 agement office at a central location within the vicin11 ity of the Trail. 

12 (4) INTERPRETIVE FACILITIES.—The Secretary 

13 may plan, design, and construct interpretive facili14 ties for sites associated with the Trail if the facilities 

15 are constructed in partnership with State, local, trib16 al, or non-profit entities and are consistent with the 

17 plan. 

18 (5) MANAGEMENT PLAN.— 

19 (A) IN GENERAL.—Not later than 3 years 

20 after funds are made available to carry out this 

21 section, the Secretary shall prepare a coopera22 tive management and interpretation plan for 

23 the Trail. 

24 (B) CONSULTATION.—The Secretary shall 

25 prepare the plan in consultation with— 
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1 (i) State, local, and tribal govern2 ments; 

3 (ii) the Ice Age Floods Institute; 

4 (iii) private property owners; and 

5 (iv) other interested parties. 

6 (C) CONTENTS.—The plan shall— 

7 (i) confirm and, if appropriate, ex8 pand on the inventory of features of the 

9 floods contained in the National Park 

10 Service study entitled ‘‘Ice Age Floods, 

11 Study of Alternatives and Environmental 

12 Assessment’’ (February 2001) by— 

13 (I) locating features more accu14 rately; 

15 (II) improving the description of 

16 features; and 

17 (III) reevaluating the features in 

18 terms of their interpretive potential; 

19 (ii) review and, if appropriate, modify 

20 the map of the Trail referred to in sub21 section (d)(1); 

22 (iii) describe strategies for the coordi23 nated development of the Trail, including 

24 an interpretive plan for facilities, waysides, 

25 roadside pullouts, exhibits, media, and pro-
437 

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1 grams that present the story of the floods 

2 to the public effectively; and 

3 (iv) identify potential partnering op4 portunities in the development of interpre5 tive facilities and educational programs to 

6 educate the public about the story of the 

7 floods. 

8 (6) COOPERATIVE MANAGEMENT.— 

9 (A) IN GENERAL.—In order to facilitate 

10 the development of coordinated interpretation, 

11 education, resource stewardship, visitor facility 

12 development and operation, and scientific re13 search associated with the Trail and to promote 

14 more efficient administration of the sites associ15 ated with the Trail, the Secretary may enter 

16 into cooperative management agreements with 

17 appropriate officials in the States of Montana, 

18 Idaho, Washington, and Oregon in accordance 

19 with the authority provided for units of the Na20 tional Park System under section 3(l) of Public 

21 Law 91–383 (16 U.S.C. 1a–2(l)). 

22 (B) AUTHORITY.—For purposes of this 

23 paragraph only, the Trail shall be considered a 

24 unit of the National Park System. 
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1 (7) COOPERATIVE AGREEMENTS.—The Sec2 retary may enter into cooperative agreements with 

3 public or private entities to carry out this section. 

4 (8) EFFECT ON PRIVATE PROPERTY RIGHTS.— 

5 Nothing in this section— 

6 (A) requires any private property owner to 

7 allow public access (including Federal, State, or 

8 local government access) to private property; or 

9 (B) modifies any provision of Federal, 

10 State, or local law with respect to public access 

11 to or use of private land. 

12 (9) LIABILITY.—Designation of the Trail by 

13 subsection (c) does not create any liability for, or af14 fect any liability under any law of, any private prop15 erty owner with respect to any person injured on the 

16 private property. 

17 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section, of which not more than 

20 $12,000,000 may be used for development of the Trail. 

21 SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLUTIONARY 

22 ROUTE NATIONAL HISTORIC TRAIL. 

23 Section 5(a) of the National Trails System Act (16 

24 U.S.C. 1244(a)) (as amended by section 5202(a)) is 

25 amended by adding at the end the following: 
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1 ‘‘(29) WASHINGTON-ROCHAMBEAU REVOLU2 TIONARY ROUTE NATIONAL HISTORIC TRAIL.— 

3 ‘‘(A) IN GENERAL.—The Washington-Ro4 chambeau Revolutionary Route National His5 toric Trail, a corridor of approximately 600 

6 miles following the route taken by the armies of 

7 General George Washington and Count Ro8 chambeau between Newport, Rhode Island, and 

9 Yorktown, Virginia, in 1781 and 1782, as gen10 erally depicted on the map entitled ‘WASH11 INGTON-ROCHAMBEAU REVOLU12 TIONARY ROUTE NATIONAL HISTORIC 

13 TRAIL’, numbered T01/80,001, and dated 

14 June 2007. 

15 ‘‘(B) MAP.—The map referred to in sub16 paragraph (A) shall be on file and available for 

17 public inspection in the appropriate offices of 

18 the National Park Service. 

19 ‘‘(C) ADMINISTRATION.—The trail shall be 

20 administered by the Secretary of the Interior, 

21 in consultation with— 

22 ‘‘(i) other Federal, State, tribal, re23 gional, and local agencies; and 

24 ‘‘(ii) the private sector. 
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1 ‘‘(D) LAND ACQUISITION.—The United 

2 States shall not acquire for the trail any land 

3 or interest in land outside the exterior boundary 

4 of any federally-managed area without the con5 sent of the owner of the land or interest in 

6 land.’’. 

7 SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL. 

8 Section 5(a) of the National Trails System Act (16 

9 U.S.C. 1244(a)) (as amended by section 5204) is amended 

10 by adding at the end the following: 

11 ‘‘(30) PACIFIC NORTHWEST NATIONAL SCENIC

12 TRAIL.— 

13 ‘‘(A) IN GENERAL.—The Pacific Northwest 

14 National Scenic Trail, a trail of approximately 

15 1,200 miles, extending from the Continental Di16 vide in Glacier National Park, Montana, to the 

17 Pacific Ocean Coast in Olympic National Park, 

18 Washington, following the route depicted on the 

19 map entitled ‘Pacific Northwest National Scenic 

20 Trail: Proposed Trail’, numbered T12/80,000, 

21 and dated February 2008 (referred to in this 

22 paragraph as the ‘map’). 

23 ‘‘(B) AVAILABILITY OF MAP.—The map 

24 shall be on file and available for public inspec-
441 

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1 tion in the appropriate offices of the Forest 

2 Service. 

3 ‘‘(C) ADMINISTRATION.—The Pacific 

4 Northwest National Scenic Trail shall be ad5 ministered by the Secretary of Agriculture. 

6 ‘‘(D) LAND ACQUISITION.—The United 

7 States shall not acquire for the Pacific North8 west National Scenic Trail any land or interest 

9 in land outside the exterior boundary of any 

10 federally-managed area without the consent of 

11 the owner of the land or interest in land.’’. 

12 SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL. 

13 Section 5(a)(16) of the National Trails System Act 

14 (16 U.S.C. 1244(a)(16)) is amended as follows: 

15 (1) By amending subparagraph (C) to read as 

16 follows: 

17 ‘‘(C) In addition to the areas otherwise 

18 designated under this paragraph, the following 

19 routes and land components by which the Cher20 okee Nation was removed to Oklahoma are 

21 components of the Trail of Tears National His22 toric Trail, as generally described in the envi23 ronmentally preferred alternative of the Novem24 ber 2007 Feasibility Study Amendment and 
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1 Environmental Assessment for Trail of Tears 

2 National Historic Trail: 

3 ‘‘(i) The Benge and Bell routes. 

4 ‘‘(ii) The land components of the des5 ignated water routes in Alabama, Arkan6 sas, Oklahoma, and Tennessee. 

7 ‘‘(iii) The routes from the collection 

8 forts in Alabama, Georgia, North Carolina, 

9 and Tennessee to the emigration depots. 

10 ‘‘(iv) The related campgrounds located 

11 along the routes and land components de12 scribed in clauses (i) through (iii).’’. 

13 (2) In subparagraph (D)— 

14 (A) by striking the first sentence; and 

15 (B) by adding at the end the following: 

16 ‘‘No lands or interests in lands outside the exte17 rior boundaries of any federally administered 

18 area may be acquired by the Federal Govern19 ment for the Trail of Tears National Historic 

20 Trail except with the consent of the owner 

21 thereof.’’. 
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1 Subtitle D—National Trail System 

2 Amendments 

3 SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AU4 THORITY. 

5 (a) AUTHORITY TO ACQUIRE LAND FROM WILLING

6 SELLERS FOR CERTAIN TRAILS.— 

7 (1) OREGON NATIONAL HISTORIC TRAIL.—Sec8 tion 5(a)(3) of the National Trails System Act (16 

9 U.S.C. 1244(a)(3)) is amended by adding at the end 

10 the following: ‘‘No land or interest in land outside 

11 the exterior boundaries of any federally administered 

12 area may be acquired by the Federal Government 

13 for the trail except with the consent of the owner of 

14 the land or interest in land. The authority of the 

15 Federal Government to acquire fee title under this 

16 paragraph shall be limited to an average of not more 

than 1 17 ⁄4 mile on either side of the trail.’’. 

18 (2) MORMON PIONEER NATIONAL HISTORIC

19 TRAIL.—Section 5(a)(4) of the National Trails Sys20 tem Act (16 U.S.C. 1244(a)(4)) is amended by add21 ing at the end the following: ‘‘No land or interest in 

22 land outside the exterior boundaries of any federally 

23 administered area may be acquired by the Federal 

24 Government for the trail except with the consent of 

25 the owner of the land or interest in land. The au-
444 

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1 thority of the Federal Government to acquire fee 

2 title under this paragraph shall be limited to an average of not more than 1 3 ⁄4 mile on either side of the 

4 trail.’’. 

5 (3) CONTINENTAL DIVIDE NATIONAL SCENIC

6 TRAIL.—Section 5(a)(5) of the National Trails Sys7 tem Act (16 U.S.C. 1244(a)(5)) is amended by add8 ing at the end the following: ‘‘No land or interest in 

9 land outside the exterior boundaries of any federally 

10 administered area may be acquired by the Federal 

11 Government for the trail except with the consent of 

12 the owner of the land or interest in land. The au13 thority of the Federal Government to acquire fee 

14 title under this paragraph shall be limited to an average of not more than 1 15 ⁄4 mile on either side of the 

16 trail.’’. 

17 (4) LEWIS AND CLARK NATIONAL HISTORIC

18 TRAIL.—Section 5(a)(6) of the National Trails Sys19 tem Act (16 U.S.C. 1244(a)(6)) is amended by add20 ing at the end the following: ‘‘No land or interest in 

21 land outside the exterior boundaries of any federally 

22 administered area may be acquired by the Federal 

23 Government for the trail except with the consent of 

24 the owner of the land or interest in land. The au25 thority of the Federal Government to acquire fee 
445 

•S 22 ES

1 title under this paragraph shall be limited to an average of not more than 1 2 ⁄4 mile on either side of the 

3 trail.’’. 

4 (5) IDITAROD NATIONAL HISTORIC TRAIL.— 

5 Section 5(a)(7) of the National Trails System Act 

6 (16 U.S.C. 1244(a)(7)) is amended by adding at the 

7 end the following: ‘‘No land or interest in land out8 side the exterior boundaries of any federally admin9 istered area may be acquired by the Federal Govern10 ment for the trail except with the consent of the 

11 owner of the land or interest in land. The authority 

12 of the Federal Government to acquire fee title under 

13 this paragraph shall be limited to an average of not 

more than 1 14 ⁄4 mile on either side of the trail.’’. 

15 (6) NORTH COUNTRY NATIONAL SCENIC

16 TRAIL.—Section 5(a)(8) of the National Trails Sys17 tem Act (16 U.S.C. 1244(a)(8)) is amended by add18 ing at the end the following: ‘‘No land or interest in 

19 land outside the exterior boundaries of any federally 

20 administered area may be acquired by the Federal 

21 Government for the trail except with the consent of 

22 the owner of the land or interest in land.’’. 

23 (7) ICE AGE NATIONAL SCENIC TRAIL.—Section 

24 5(a)(10) of the National Trails System Act (16 

25 U.S.C. 1244(a)(10)) is amended by adding at the 
446 

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1 end the following: ‘‘No land or interest in land out2 side the exterior boundaries of any federally admin3 istered area may be acquired by the Federal Govern4 ment for the trail except with the consent of the 

5 owner of the land or interest in land.’’. 

6 (8) POTOMAC HERITAGE NATIONAL SCENIC

7 TRAIL.—Section 5(a)(11) of the National Trails Sys8 tem Act (16 U.S.C. 1244(a)(11)) is amended— 

9 (A) by striking the fourth and fifth sen10 tences; and 

11 (B) by adding at the end the following: 

12 ‘‘No land or interest in land outside the exterior 

13 boundaries of any federally administered area 

14 may be acquired by the Federal Government for 

15 the trail except with the consent of the owner 

16 of the land or interest in land.’’. 

17 (9) NEZ PERCE NATIONAL HISTORIC TRAIL.— 

18 Section 5(a)(14) of the National Trails System Act 

19 (16 U.S.C. 1244(a)(14)) is amended— 

20 (A) by striking the fourth and fifth sen21 tences; and 

22 (B) by adding at the end the following: 

23 ‘‘No land or interest in land outside the exterior 

24 boundaries of any federally administered area 

25 may be acquired by the Federal Government for 
447 

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1 the trail except with the consent of the owner 

2 of the land or interest in land. The authority of 

3 the Federal Government to acquire fee title 

4 under this paragraph shall be limited to an average of not more than 1 5 ⁄4 mile on either side 

6 of the trail.’’. 

7 (b) CONFORMING AMENDMENT.—Section 10 of the 

8 National Trails System Act (16 U.S.C. 1249) is amended 

9 by striking subsection (c) and inserting the following: 

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

11 ‘‘(1) IN GENERAL.—Except as otherwise pro12 vided in this Act, there are authorized to be appro13 priated such sums as are necessary to implement the 

14 provisions of this Act relating to the trails des15 ignated by section 5(a). 

16 ‘‘(2) NATCHEZ TRACE NATIONAL SCENIC

17 TRAIL.— 

18 ‘‘(A) IN GENERAL.—With respect to the 

19 Natchez Trace National Scenic Trail (referred 

20 to in this paragraph as the ‘trail’) designated 

21 by section 5(a)(12)— 

22 ‘‘(i) not more than $500,000 shall be 

23 appropriated for the acquisition of land or 

24 interests in land for the trail; and 
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1 ‘‘(ii) not more than $2,000,000 shall 

2 be appropriated for the development of the 

3 trail. 

4 ‘‘(B) PARTICIPATION BY VOLUNTEER

5 TRAIL GROUPS.—The administering agency for 

6 the trail shall encourage volunteer trail groups 

7 to participate in the development of the trail.’’. 

8 SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY 

9 STUDIES OF EXISTING NATIONAL HISTORIC 

10 TRAILS. 

11 Section 5 of the National Trails System Act (16 

12 U.S.C. 1244) is amended by adding at the end the fol13 lowing: 

14 ‘‘(g) REVISION OF FEASIBILITY AND SUITABILITY

15 STUDIES OF EXISTING NATIONAL HISTORIC TRAILS.— 

16 ‘‘(1) DEFINITIONS.—In this subsection: 

17 ‘‘(A) ROUTE.—The term ‘route’ includes a 

18 trail segment commonly known as a cutoff. 

19 ‘‘(B) SHARED ROUTE.—The term ‘shared 

20 route’ means a route that was a segment of 

21 more than 1 historic trail, including a route 

22 shared with an existing national historic trail. 

23 ‘‘(2) REQUIREMENTS FOR REVISION.— 

24 ‘‘(A) IN GENERAL.—The Secretary of the 

25 Interior shall revise the feasibility and suit-
449 

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1 ability studies for certain national trails for 

2 consideration of possible additions to the trails. 

3 ‘‘(B) STUDY REQUIREMENTS AND OBJEC4 TIVES.—The study requirements and objectives 

5 specified in subsection (b) shall apply to a study 

6 required by this subsection. 

7 ‘‘(C) COMPLETION AND SUBMISSION OF

8 STUDY.—A study listed in this subsection shall 

9 be completed and submitted to Congress not 

10 later than 3 complete fiscal years from the date 

11 funds are made available for the study. 

12 ‘‘(3) OREGON NATIONAL HISTORIC TRAIL.— 

13 ‘‘(A) STUDY REQUIRED.—The Secretary of 

14 the Interior shall undertake a study of the 

15 routes of the Oregon Trail listed in subpara16 graph (B) and generally depicted on the map 

17 entitled ‘Western Emigrant Trails 1830/1870’ 

18 and dated 1991/1993, and of such other routes 

19 of the Oregon Trail that the Secretary con20 siders appropriate, to determine the feasibility 

21 and suitability of designation of 1 or more of 

22 the routes as components of the Oregon Na23 tional Historic Trail. 
450 

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1 ‘‘(B) COVERED ROUTES.—The routes to be 

2 studied under subparagraph (A) shall include 

3 the following: 

4 ‘‘(i) Whitman Mission route. 

5 ‘‘(ii) Upper Columbia River. 

6 ‘‘(iii) Cowlitz River route. 

7 ‘‘(iv) Meek cutoff. 

8 ‘‘(v) Free Emigrant Road. 

9 ‘‘(vi) North Alternate Oregon Trail. 

10 ‘‘(vii) Goodale’s cutoff. 

11 ‘‘(viii) North Side alternate route. 

12 ‘‘(ix) Cutoff to Barlow road. 

13 ‘‘(x) Naches Pass Trail. 

14 ‘‘(4) PONY EXPRESS NATIONAL HISTORIC

15 TRAIL.—The Secretary of the Interior shall under16 take a study of the approximately 20-mile southern 

17 alternative route of the Pony Express Trail from 

18 Wathena, Kansas, to Troy, Kansas, and such other 

19 routes of the Pony Express Trail that the Secretary 

20 considers appropriate, to determine the feasibility 

21 and suitability of designation of 1 or more of the 

22 routes as components of the Pony Express National 

23 Historic Trail. 

24 ‘‘(5) CALIFORNIA NATIONAL HISTORIC TRAIL.— 
451 

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1 ‘‘(A) STUDY REQUIRED.—The Secretary of 

2 the Interior shall undertake a study of the Mis3 souri Valley, central, and western routes of the 

4 California Trail listed in subparagraph (B) and 

5 generally depicted on the map entitled ‘Western 

6 Emigrant Trails 1830/1870’ and dated 1991/ 

7 1993, and of such other and shared Missouri 

8 Valley, central, and western routes that the 

9 Secretary considers appropriate, to determine 

10 the feasibility and suitability of designation of 

11 1 or more of the routes as components of the 

12 California National Historic Trail. 

13 ‘‘(B) COVERED ROUTES.—The routes to be 

14 studied under subparagraph (A) shall include 

15 the following: 

16 ‘‘(i) MISSOURI VALLEY ROUTES.— 

17 ‘‘(I) Blue Mills-Independence 

18 Road. 

19 ‘‘(II) Westport Landing Road. 

20 ‘‘(III) Westport-Lawrence Road. 

21 ‘‘(IV) Fort Leavenworth-Blue 

22 River route. 

23 ‘‘(V) Road to Amazonia. 

24 ‘‘(VI) Union Ferry Route. 
452 

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1 ‘‘(VII) Old Wyoming-Nebraska 

2 City cutoff. 

3 ‘‘(VIII) Lower Plattsmouth 

4 Route. 

5 ‘‘(IX) Lower Bellevue Route. 

6 ‘‘(X) Woodbury cutoff. 

7 ‘‘(XI) Blue Ridge cutoff. 

8 ‘‘(XII) Westport Road. 

9 ‘‘(XIII) Gum Springs-Fort Leav10 enworth route. 

11 ‘‘(XIV) Atchison/Independence 

12 Creek routes. 

13 ‘‘(XV) Fort Leavenworth-Kansas 

14 River route. 

15 ‘‘(XVI) Nebraska City cutoff 

16 routes. 

17 ‘‘(XVII) Minersville-Nebraska 

18 City Road. 

19 ‘‘(XVIII) Upper Plattsmouth 

20 route. 

21 ‘‘(XIX) Upper Bellevue route. 

22 ‘‘(ii) CENTRAL ROUTES.— 

23 ‘‘(I) Cherokee Trail, including 

24 splits. 
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1 ‘‘(II) Weber Canyon route of 

2 Hastings cutoff. 

3 ‘‘(III) Bishop Creek cutoff. 

4 ‘‘(IV) McAuley cutoff. 

5 ‘‘(V) Diamond Springs cutoff. 

6 ‘‘(VI) Secret Pass. 

7 ‘‘(VII) Greenhorn cutoff. 

8 ‘‘(VIII) Central Overland Trail. 

9 ‘‘(iii) WESTERN ROUTES.— 

10 ‘‘(I) Bidwell-Bartleson route. 

11 ‘‘(II) Georgetown/Dagget Pass 

12 Trail. 

13 ‘‘(III) Big Trees Road. 

14 ‘‘(IV) Grizzly Flat cutoff. 

15 ‘‘(V) Nevada City Road. 

16 ‘‘(VI) Yreka Trail. 

17 ‘‘(VII) Henness Pass route. 

18 ‘‘(VIII) Johnson cutoff. 

19 ‘‘(IX) Luther Pass Trail. 

20 ‘‘(X) Volcano Road. 

21 ‘‘(XI) Sacramento-Coloma 

22 Wagon Road. 

23 ‘‘(XII) Burnett cutoff. 

24 ‘‘(XIII) Placer County Road to 

25 Auburn. 
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1 ‘‘(6) MORMON PIONEER NATIONAL HISTORIC

2 TRAIL.— 

3 ‘‘(A) STUDY REQUIRED.—The Secretary of 

4 the Interior shall undertake a study of the 

5 routes of the Mormon Pioneer Trail listed in 

6 subparagraph (B) and generally depicted in the 

7 map entitled ‘Western Emigrant Trails 1830/ 

8 1870’ and dated 1991/1993, and of such other 

9 routes of the Mormon Pioneer Trail that the 

10 Secretary considers appropriate, to determine 

11 the feasibility and suitability of designation of 

12 1 or more of the routes as components of the 

13 Mormon Pioneer National Historic Trail. 

14 ‘‘(B) COVERED ROUTES.—The routes to be 

15 studied under subparagraph (A) shall include 

16 the following: 

17 ‘‘(i) 1846 Subsequent routes A and B 

18 (Lucas and Clarke Counties, Iowa). 

19 ‘‘(ii) 1856–57 Handcart route (Iowa 

20 City to Council Bluffs). 

21 ‘‘(iii) Keokuk route (Iowa). 

22 ‘‘(iv) 1847 Alternative Elkhorn and 

23 Loup River Crossings in Nebraska. 

24 ‘‘(v) Fort Leavenworth Road; Ox Bow 

25 route and alternates in Kansas and Mis-
455 

•S 22 ES

1 souri (Oregon and California Trail routes 

2 used by Mormon emigrants). 

3 ‘‘(vi) 1850 Golden Pass Road in 

4 Utah. 

5 ‘‘(7) SHARED CALIFORNIA AND OREGON TRAIL

6 ROUTES.— 

7 ‘‘(A) STUDY REQUIRED.—The Secretary of 

8 the Interior shall undertake a study of the 

9 shared routes of the California Trail and Or10 egon Trail listed in subparagraph (B) and gen11 erally depicted on the map entitled ‘Western 

12 Emigrant Trails 1830/1870’ and dated 1991/ 

13 1993, and of such other shared routes that the 

14 Secretary considers appropriate, to determine 

15 the feasibility and suitability of designation of 

16 1 or more of the routes as shared components 

17 of the California National Historic Trail and 

18 the Oregon National Historic Trail. 

19 ‘‘(B) COVERED ROUTES.—The routes to be 

20 studied under subparagraph (A) shall include 

21 the following: 

22 ‘‘(i) St. Joe Road. 

23 ‘‘(ii) Council Bluffs Road. 

24 ‘‘(iii) Sublette cutoff. 

25 ‘‘(iv) Applegate route. 
456 

•S 22 ES

1 ‘‘(v) Old Fort Kearny Road (Oxbow 

2 Trail). 

3 ‘‘(vi) Childs cutoff. 

4 ‘‘(vii) Raft River to Applegate.’’. 

5 SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS 

6 STUDIES. 

7 Section 5(c) of the National Trails System Act (16 

8 U.S.C. 1244(c)) is amended by adding at the end the fol9 lowing: 

10 ‘‘(44) CHISHOLM TRAIL.— 

11 ‘‘(A) IN GENERAL.—The Chisholm Trail 

12 (also known as the ‘Abilene Trail’), from the vi13 cinity of San Antonio, Texas, segments from 

14 the vicinity of Cuero, Texas, to Ft. Worth, 

15 Texas, Duncan, Oklahoma, alternate segments 

16 used through Oklahoma, to Enid, Oklahoma, 

17 Caldwell, Kansas, Wichita, Kansas, Abilene, 

18 Kansas, and commonly used segments running 

19 to alternative Kansas destinations. 

20 ‘‘(B) REQUIREMENT.—In conducting the 

21 study required under this paragraph, the Sec22 retary of the Interior shall identify the point at 

23 which the trail originated south of San Antonio, 

24 Texas. 

25 ‘‘(45) GREAT WESTERN TRAIL.— 
457 

•S 22 ES

1 ‘‘(A) IN GENERAL.—The Great Western 

2 Trail (also known as the ‘Dodge City Trail’), 

3 from the vicinity of San Antonio, Texas, north4 by-northwest through the vicinities of Kerrville 

5 and Menard, Texas, north-by-northeast through 

6 the vicinities of Coleman and Albany, Texas, 

7 north through the vicinity of Vernon, Texas, to 

8 Doan’s Crossing, Texas, northward through or 

9 near the vicinities of Altus, Lone Wolf, Canute, 

10 Vici, and May, Oklahoma, north through Kan11 sas to Dodge City, and north through Nebraska 

12 to Ogallala. 

13 ‘‘(B) REQUIREMENT.—In conducting the 

14 study required under this paragraph, the Sec15 retary of the Interior shall identify the point at 

16 which the trail originated south of San Antonio, 

17 Texas.’’. 

18 TITLE VI—DEPARTMENT OF THE 

19 INTERIOR AUTHORIZATIONS 

20 Subtitle A—Cooperative Watershed 

21 Management Program 

22 SEC. 6001. DEFINITIONS. 

23 In this subtitle: 

24 (1) AFFECTED STAKEHOLDER.—The term ‘‘af25 fected stakeholder’’ means an entity that signifi-
458 

•S 22 ES

1 cantly affects, or is significantly affected by, the 

2 quality or quantity of water in a watershed, as de3 termined by the Secretary. 

4 (2) GRANT RECIPIENT.—The term ‘‘grant re5 cipient’’ means a watershed group that the Secretary 

6 has selected to receive a grant under section 

7 6002(c)(2). 

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

9 the Cooperative Watershed Management Program 

10 established by the Secretary under section 6002(a). 

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

12 the Secretary of the Interior. 

13 (5) WATERSHED GROUP.—The term ‘‘water14 shed group’’ means a self-sustaining, cooperative wa15 tershed-wide group that— 

16 (A) is comprised of representatives of the 

17 affected stakeholders of the relevant watershed; 

18 (B) incorporates the perspectives of a di19 verse array of stakeholders, including, to the 

20 maximum extent practicable— 

21 (i) representatives of— 

22 (I) hydroelectric production; 

23 (II) livestock grazing; 

24 (III) timber production; 

25 (IV) land development; 
459 

•S 22 ES

1 (V) recreation or tourism; 

2 (VI) irrigated agricultural pro3 duction; 

4 (VII) the environment; 

5 (VIII) potable water purveyors 

6 and industrial water users; and 

7 (IX) private property owners 

8 within the watershed; 

9 (ii) any Federal agency that has au10 thority with respect to the watershed; 

11 (iii) any State agency that has author12 ity with respect to the watershed; 

13 (iv) any local agency that has author14 ity with respect to the watershed; and 

15 (v) any Indian tribe that— 

16 (I) owns land within the water17 shed; or 

18 (II) has land in the watershed 

19 that is held in trust; 

20 (C) is a grassroots, nonregulatory entity 

21 that addresses water availability and quality 

22 issues within the relevant watershed; 

23 (D) is capable of promoting the sustainable 

24 use of the water resources of the relevant wa-
460 

•S 22 ES

1 tershed and improving the functioning condition 

2 of rivers and streams through— 

3 (i) water conservation; 

4 (ii) improved water quality; 

5 (iii) ecological resiliency; and 

6 (iv) the reduction of water conflicts; 

7 and 

8 (E) makes decisions on a consensus basis, 

9 as defined in the bylaws of the watershed 

10 group. 

11 (6) WATERSHED MANAGEMENT PROJECT.—The 

12 term ‘‘watershed management project’’ means any 

13 project (including a demonstration project) that— 

14 (A) enhances water conservation, including 

15 alternative water uses; 

16 (B) improves water quality; 

17 (C) improves ecological resiliency of a river 

18 or stream; 

19 (D) reduces the potential for water con20 flicts; or 

21 (E) advances any other goals associated 

22 with water quality or quantity that the Sec23 retary determines to be appropriate. 
461 

•S 22 ES

1 SEC. 6002. PROGRAM. 

2 (a) ESTABLISHMENT.—Not later than 180 days after 

3 the date of enactment of this Act, the Secretary shall es4 tablish a program, to be known as the ‘‘Cooperative Wa5 tershed Management Program’’, under which the Sec6 retary shall provide grants— 

7 (1)(A) to form a watershed group; or 

8 (B) to enlarge a watershed group; and 

9 (2) to conduct 1 or more projects in accordance 

10 with the goals of a watershed group. 

11 (b) APPLICATION.— 

12 (1) ESTABLISHMENT OF APPLICATION PROC13 ESS; CRITERIA.—Not later than 1 year after the 

14 date of enactment of this Act, the Secretary shall es15 tablish— 

16 (A) an application process for the pro17 gram; and 

18 (B) in consultation with the States, 

19 prioritization and eligibility criteria for consid20 ering applications submitted in accordance with 

21 the application process. 

22 (c) DISTRIBUTION OF GRANT FUNDS.— 

23 (1) IN GENERAL.—In distributing grant funds 

24 under this section, the Secretary— 

25 (A) shall comply with paragraph (2); and 
462 

•S 22 ES

1 (B) may give priority to watershed groups 

2 that— 

3 (i) represent maximum diversity of in4 terests; or 

5 (ii) serve subbasin-sized watersheds 

6 with an 8-digit hydrologic unit code, as de7 fined by the United States Geological Sur8 vey. 

9 (2) FUNDING PROCEDURE.— 

10 (A) FIRST PHASE.— 

11 (i) IN GENERAL.—The Secretary may 

12 provide to a grant recipient a first-phase 

13 grant in an amount not greater than 

14 $100,000 each year for a period of not 

15 more than 3 years. 

16 (ii) MANDATORY USE OF FUNDS.—A 

17 grant recipient that receives a first-phase 

18 grant shall use the funds— 

19 (I) to establish or enlarge a wa20 tershed group; 

21 (II) to develop a mission state22 ment for the watershed group; 

23 (III) to develop project concepts; 

24 and 
463 

•S 22 ES

1 (IV) to develop a restoration 

2 plan. 

3 (iii) ANNUAL DETERMINATION OF

4 ELIGIBILITY.— 

5 (I) DETERMINATION.—For each 

6 year of a first-phase grant, not later 

7 than 270 days after the date on which 

8 a grant recipient first receives grant 

9 funds for the year, the Secretary shall 

10 determine whether the grant recipient 

11 has made sufficient progress during 

12 the year to justify additional funding. 

13 (II) EFFECT OF DETERMINA14 TION.—If the Secretary determines 

15 under subclause (I) that the progress 

16 of a grant recipient during the year 

17 covered by the determination justifies 

18 additional funding, the Secretary shall 

19 provide to the grant recipient grant 

20 funds for the following year. 

21 (iv) ADVANCEMENT CONDITIONS.—A 

22 grant recipient shall not be eligible to re23 ceive a second-phase grant under subpara24 graph (B) until the date on which the Sec-
464 

•S 22 ES

1 retary determines that the watershed 

2 group— 

3 (I) has approved articles of incor4 poration and bylaws governing the or5 ganization; and 

6 (II)(aa) holds regular meetings; 

7 (bb) has completed a mission 

8 statement; and 

9 (cc) has developed a restoration 

10 plan and project concepts for the wa11 tershed. 

12 (v) EXCEPTION.—A watershed group 

13 that has not applied for or received first14 phase grants may apply for and receive 

15 second-phase grants under subparagraph 

16 (B) if the Secretary determines that the 

17 group has satisfied the requirements of 

18 first-phase grants. 

19 (B) SECOND PHASE.— 

20 (i) IN GENERAL.—A watershed group 

21 may apply for and receive second-phase 

22 grants of $1,000,000 each year for a pe23 riod of not more than 4 years if— 
465 

•S 22 ES

1 (I) the watershed group has ap2 plied for and received watershed 

3 grants under subparagraph (A); or 

4 (II) the Secretary determines 

5 that the watershed group has satisfied 

6 the requirements of first-phase grants. 

7 (ii) MANDATORY USE OF FUNDS.—A 

8 grant recipient that receives a second9 phase grant shall use the funds to plan 

10 and carry out watershed management 

11 projects. 

12 (iii) ANNUAL DETERMINATION OF

13 ELIGIBILITY.— 

14 (I) DETERMINATION.—For each 

15 year of the second-phase grant, not 

16 later than 270 days after the date on 

17 which a grant recipient first receives 

18 grant funds for the year, the Sec19 retary shall determine whether the 

20 grant recipient has made sufficient 

21 progress during the year to justify ad22 ditional funding. 

23 (II) EFFECT OF DETERMINA24 TION.—If the Secretary determines 

25 under subclause (I) that the progress 
466 

•S 22 ES

1 of a grant recipient during the year 

2 justifies additional funding, the Sec3 retary shall provide to the grant re4 cipient grant funds for the following 

5 year. 

6 (iv) ADVANCEMENT CONDITION.—A 

7 grant recipient shall not be eligible to re8 ceive a third-phase grant under subpara9 graph (C) until the date on which the Sec10 retary determines that the grant recipient 

11 has— 

12 (I) completed each requirement 

13 of the second-phase grant; and 

14 (II) demonstrated that 1 or more 

15 pilot projects of the grant recipient 

16 have resulted in demonstrable im17 provements, as determined by the Sec18 retary, in the functioning condition of 

19 at least 1 river or stream in the wa20 tershed. 

21 (C) THIRD PHASE.— 

22 (i) FUNDING LIMITATION.— 

23 (I) IN GENERAL.—Except as pro24 vided in subclause (II), the Secretary 

25 may provide to a grant recipient a 
467 

•S 22 ES

1 third-phase grant in an amount not 

2 greater than $5,000,000 for a period 

3 of not more than 5 years. 

4 (II) EXCEPTION.—The Secretary 

5 may provide to a grant recipient a 

6 third-phase grant in an amount that 

7 is greater than the amount described 

8 in subclause (I) if the Secretary deter9 mines that the grant recipient is capa10 ble of using the additional amount to 

11 further the purposes of the program 

12 in a way that could not otherwise be 

13 achieved by the grant recipient using 

14 the amount described in subclause (I). 

15 (ii) MANDATORY USE OF FUNDS.—A 

16 grant recipient that receives a third-phase 

17 grant shall use the funds to plan and carry 

18 out at least 1 watershed management 

19 project. 

20 (3) AUTHORIZING USE OF FUNDS FOR ADMINIS21 TRATIVE AND OTHER COSTS.—A grant recipient that 

22 receives a grant under this section may use the 

23 funds— 

24 (A) to pay for— 
468 

•S 22 ES

1 (i) administrative and coordination 

2 costs, if the costs are not greater than the 

3 lesser of— 

4 (I) 20 percent of the total 

5 amount of the grant; or 

6 (II) $100,000; 

7 (ii) the salary of not more than 1 full8 time employee of the watershed group; and 

9 (iii) any legal fees arising from the es10 tablishment of the relevant watershed 

11 group; and 

12 (B) to fund— 

13 (i) water quality and quantity studies 

14 of the relevant watershed; and 

15 (ii) the planning, design, and imple16 mentation of any projects relating to water 

17 quality or quantity. 

18 (d) COST SHARE.— 

19 (1) PLANNING.—The Federal share of the cost 

20 of an activity provided assistance through a first21 phase grant shall be 100 percent. 

22 (2) PROJECTS CARRIED OUT UNDER SECOND

23 PHASE.— 

24 (A) IN GENERAL.—The Federal share of 

25 the cost of any activity of a watershed manage-
469 

•S 22 ES

1 ment project provided assistance through a sec2 ond-phase grant shall not exceed 50 percent of 

3 the total cost of the activity. 

4 (B) FORM OF NON-FEDERAL SHARE.—The 

5 non-Federal share under subparagraph (A) may 

6 be in the form of in-kind contributions. 

7 (3) PROJECTS CARRIED OUT UNDER THIRD

8 PHASE.— 

9 (A) IN GENERAL.—The Federal share of 

10 the costs of any activity of a watershed group 

11 of a grant recipient relating to a watershed 

12 management project provided assistance 

13 through a third-phase grant shall not exceed 50 

14 percent of the total costs of the watershed man15 agement project. 

16 (B) FORM OF NON-FEDERAL SHARE.—The 

17 non-Federal share under subparagraph (A) may 

18 be in the form of in-kind contributions. 

19 (e) ANNUAL REPORTS.— 

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

21 the date on which a grant recipient first receives 

22 funds under this section, and annually thereafter, in 

23 accordance with paragraph (2), the watershed group 

24 shall submit to the Secretary a report that describes 

25 the progress of the watershed group. 
470 

•S 22 ES

1 (2) REQUIRED DEGREE OF DETAIL.—The con2 tents of an annual report required under paragraph 

3 (1) shall contain sufficient information to enable the 

4 Secretary to complete each report required under 

5 subsection (f), as determined by the Secretary. 

6 (f) REPORT.—Not later than 5 years after the date 

7 of enactment of this Act, and every 5 years thereafter, 

8 the Secretary shall submit to the Committee on Energy 

9 and Natural Resources of the Senate and the Committee 

10 on Natural Resources of the House of Representatives a 

11 report that describes— 

12 (1) the ways in which the program assists the 

13 Secretary— 

14 (A) in addressing water conflicts; 

15 (B) in conserving water; 

16 (C) in improving water quality; and 

17 (D) in improving the ecological resiliency 

18 of a river or stream; and 

19 (2) benefits that the program provides, includ20 ing, to the maximum extent practicable, a quan21 titative analysis of economic, social, and environ22 mental benefits. 

23 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this sec25 tion— 
471 

•S 22 ES

1 (1) $2,000,000 for each of fiscal years 2008 

2 and 2009; 

3 (2) $5,000,000 for fiscal year 2010; 

4 (3) $10,000,000 for fiscal year 2011; and 

5 (4) $20,000,000 for each of fiscal years 2012 

6 through 2020. 

7 SEC. 6003. EFFECT OF SUBTITLE. 

8 Nothing in this subtitle affects the applicability of 

9 any Federal, State, or local law with respect to any water10 shed group. 

11 Subtitle B—Competitive Status for 

12 Federal Employees in Alaska 

13 SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL 

14 EMPLOYEES IN THE STATE OF ALASKA. 

15 Section 1308 of the Alaska National Interest Lands 

16 Conservation Act (16 U.S.C. 3198) is amended by adding 

17 at the end the following: 

18 ‘‘(e) COMPETITIVE STATUS.— 

19 ‘‘(1) IN GENERAL.—Nothing in subsection (a) 

20 provides that any person hired pursuant to the pro21 gram established under that subsection is not eligi22 ble for competitive status in the same manner as 

23 any other employee hired as part of the competitive 

24 service. 
472 

•S 22 ES

1 ‘‘(2) REDESIGNATION OF CERTAIN POSI2 TIONS.— 

3 ‘‘(A) PERSONS SERVING IN ORIGINAL POSI4 TIONS.—Not later than 60 days after the date 

5 of enactment of this subsection, with respect to 

6 any person hired into a permanent position pur7 suant to the program established under sub8 section (a) who is serving in that position as of 

9 the date of enactment of this subsection, the 

10 Secretary shall redesignate that position and 

11 the person serving in that position as having 

12 been part of the competitive service as of the 

13 date that the person was hired into that posi14 tion. 

15 ‘‘(B) PERSONS NO LONGER SERVING IN

16 ORIGINAL POSITIONS.—With respect to any per17 son who was hired pursuant to the program es18 tablished under subsection (a) that is no longer 

19 serving in that position as of the date of enact20 ment of this subsection— 

21 ‘‘(i) the person may provide to the 

22 Secretary a request for redesignation of 

23 the service as part of the competitive serv24 ice that includes evidence of the employ25 ment; and 
473 

•S 22 ES

1 ‘‘(ii) not later than 90 days of the 

2 submission of a request under clause (i), 

3 the Secretary shall redesignate the service 

4 of the person as being part of the competi5 tive service.’’. 

6 Subtitle C—Management of the 

7 Baca National Wildlife Refuge 

8 SEC. 6201. BACA NATIONAL WILDLIFE REFUGE. 

9 Section 6 of the Great Sand Dunes National Park 

10 and Preserve Act of 2000 (16 U.S.C. 410hhh–4) is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘(a) ESTABLISHMENT.— 

14 (1) When’’ and inserting the following: 

15 ‘‘(a) ESTABLISHMENT AND PURPOSE.— 

16 ‘‘(1) ESTABLISHMENT.— 

17 ‘‘(A) IN GENERAL.—When’’; 

18 (B) in paragraph (2), by striking ‘‘(2) 

19 Such establishment’’ and inserting the fol20 lowing: 

21 ‘‘(B) EFFECTIVE DATE.—The establish22 ment of the refuge under subparagraph (A)’’; 

23 and 

24 (C) by adding at the end the following: 
474 

•S 22 ES

1 ‘‘(2) PURPOSE.—The purpose of the Baca Na2 tional Wildlife Refuge shall be to restore, enhance, 

3 and maintain wetland, upland, riparian, and other 

4 habitats for native wildlife, plant, and fish species in 

5 the San Luis Valley.’’; 

6 (2) in subsection (c)— 

7 (A) by striking ‘‘The Secretary’’ and in8 serting the following: 

9 ‘‘(1) IN GENERAL.—The Secretary’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(2) REQUIREMENTS.—In administering the 

12 Baca National Wildlife Refuge, the Secretary shall, 

13 to the maximum extent practicable— 

14 ‘‘(A) emphasize migratory bird conserva15 tion; and 

16 ‘‘(B) take into consideration the role of the 

17 Refuge in broader landscape conservation ef18 forts.’’; and 

19 (3) in subsection (d)— 

20 (A) in paragraph (1), by striking ‘‘and’’ at 

21 the end; 

22 (B) in paragraph (2), by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 
475 

•S 22 ES

1 ‘‘(3) subject to any agreement in existence as of 

2 the date of enactment of this paragraph, and to the 

3 extent consistent with the purposes of the Refuge, 

4 use decreed water rights on the Refuge in approxi5 mately the same manner that the water rights have 

6 been used historically.’’. 

7 Subtitle D—Paleontological 

8 Resources Preservation 

9 SEC. 6301. DEFINITIONS. 

10 In this subtitle: 

11 (1) CASUAL COLLECTING.—The term ‘‘casual 

12 collecting’’ means the collecting of a reasonable 

13 amount of common invertebrate and plant paleon14 tological resources for non-commercial personal use, 

15 either by surface collection or the use of non-pow16 ered hand tools resulting in only negligible disturb17 ance to the Earth’s surface and other resources. As 

18 used in this paragraph, the terms ‘‘reasonable 

19 amount’’, ‘‘common invertebrate and plant paleon20 tological resources’’ and ‘‘negligible disturbance’’ 

21 shall be determined by the Secretary. 

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

23 means— 

24 (A) land controlled or administered by the 

25 Secretary of the Interior, except Indian land; or 
476 

•S 22 ES

1 (B) National Forest System land con2 trolled or administered by the Secretary of Ag3 riculture. 

4 (3) INDIAN LAND.—The term ‘‘Indian Land’’ 

5 means land of Indian tribes, or Indian individuals, 

6 which are either held in trust by the United States 

7 or subject to a restriction against alienation imposed 

8 by the United States. 

9 (4) PALEONTOLOGICAL RESOURCE.—The term 

10 ‘‘paleontological resource’’ means any fossilized re11 mains, traces, or imprints of organisms, preserved in 

12 or on the earth’s crust, that are of paleontological 

13 interest and that provide information about the his14 tory of life on earth, except that the term does not 

15 include— 

16 (A) any materials associated with an ar17 chaeological resource (as defined in section 3(1) 

18 of the Archaeological Resources Protection Act 

19 of 1979 (16 U.S.C. 470bb(1)); or 

20 (B) any cultural item (as defined in section 

21 2 of the Native American Graves Protection 

22 and Repatriation Act (25 U.S.C. 3001)). 

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

24 the Secretary of the Interior with respect to land 

25 controlled or administered by the Secretary of the 
477 

•S 22 ES

1 Interior or the Secretary of Agriculture with respect 

2 to National Forest System land controlled or admin3 istered by the Secretary of Agriculture. 

4 (6) STATE.—The term ‘‘State’’ means the 50 

5 States, the District of Columbia, the Commonwealth 

6 of Puerto Rico, and any other territory or possession 

7 of the United States. 

8 SEC. 6302. MANAGEMENT. 

9 (a) IN GENERAL.—The Secretary shall manage and 

10 protect paleontological resources on Federal land using 

11 scientific principles and expertise. The Secretary shall de12 velop appropriate plans for inventory, monitoring, and the 

13 scientific and educational use of paleontological resources, 

14 in accordance with applicable agency laws, regulations, 

15 and policies. These plans shall emphasize interagency co16 ordination and collaborative efforts where possible with 

17 non-Federal partners, the scientific community, and the 

18 general public. 

19 (b) COORDINATION.—To the extent possible, the Sec20 retary of the Interior and the Secretary of Agriculture 

21 shall coordinate in the implementation of this subtitle. 
478 

•S 22 ES

1 SEC. 6303. PUBLIC AWARENESS AND EDUCATION PRO2 GRAM. 

3 The Secretary shall establish a program to increase 

4 public awareness about the significance of paleontological 

5 resources. 

6 SEC. 6304. COLLECTION OF PALEONTOLOGICAL RE7 SOURCES. 

8 (a) PERMIT REQUIREMENT.— 

9 (1) IN GENERAL.—Except as provided in this 

10 subtitle, a paleontological resource may not be col11 lected from Federal land without a permit issued 

12 under this subtitle by the Secretary. 

13 (2) CASUAL COLLECTING EXCEPTION.—The 

14 Secretary may allow casual collecting without a per15 mit on Federal land controlled or administered by 

16 the Bureau of Land Management, the Bureau of 

17 Reclamation, and the Forest Service, where such col18 lection is consistent with the laws governing the 

19 management of those Federal land and this subtitle. 

20 (3) PREVIOUS PERMIT EXCEPTION.—Nothing in 

21 this section shall affect a valid permit issued prior 

22 to the date of enactment of this Act. 

23 (b) CRITERIA FOR ISSUANCE OF A PERMIT.—The 

24 Secretary may issue a permit for the collection of a paleon25 tological resource pursuant to an application if the Sec26 retary determines that— 
479 

•S 22 ES

1 (1) the applicant is qualified to carry out the 

2 permitted activity; 

3 (2) the permitted activity is undertaken for the 

4 purpose of furthering paleontological knowledge or 

5 for public education; 

6 (3) the permitted activity is consistent with any 

7 management plan applicable to the Federal land 

8 concerned; and 

9 (4) the proposed methods of collecting will not 

10 threaten significant natural or cultural resources. 

11 (c) PERMIT SPECIFICATIONS.—A permit for the col12 lection of a paleontological resource issued under this sec13 tion shall contain such terms and conditions as the Sec14 retary deems necessary to carry out the purposes of this 

15 subtitle. Every permit shall include requirements that— 

16 (1) the paleontological resource that is collected 

17 from Federal land under the permit will remain the 

18 property of the United States; 

19 (2) the paleontological resource and copies of 

20 associated records will be preserved for the public in 

21 an approved repository, to be made available for sci22 entific research and public education; and 

23 (3) specific locality data will not be released by 

24 the permittee or repository without the written per25 mission of the Secretary. 
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•S 22 ES

1 (d) MODIFICATION, SUSPENSION, AND REVOCATION

2 OF PERMITS.— 

3 (1) The Secretary may modify, suspend, or re4 voke a permit issued under this section— 

5 (A) for resource, safety, or other manage6 ment considerations; or 

7 (B) when there is a violation of term or 

8 condition of a permit issued pursuant to this 

9 section. 

10 (2) The permit shall be revoked if any person 

11 working under the authority of the permit is con12 victed under section 6306 or is assessed a civil pen13 alty under section 6307. 

14 (e) AREA CLOSURES.—In order to protect paleon15 tological or other resources or to provide for public safety, 

16 the Secretary may restrict access to or close areas under 

17 the Secretary’s jurisdiction to the collection of paleontolog18 ical resources. 

19 SEC. 6305. CURATION OF RESOURCES. 

20 Any paleontological resource, and any data and 

21 records associated with the resource, collected under a per22 mit, shall be deposited in an approved repository. The Sec23 retary may enter into agreements with non-Federal reposi24 tories regarding the curation of these resources, data, and 

25 records. 
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1 SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES. 

2 (a) IN GENERAL.—A person may not— 

3 (1) excavate, remove, damage, or otherwise 

4 alter or deface or attempt to excavate, remove, dam5 age, or otherwise alter or deface any paleontological 

6 resources located on Federal land unless such activ7 ity is conducted in accordance with this subtitle; 

8 (2) exchange, transport, export, receive, or offer 

9 to exchange, transport, export, or receive any pale10 ontological resource if the person knew or should 

11 have known such resource to have been excavated or 

12 removed from Federal land in violation of any provi13 sions, rule, regulation, law, ordinance, or permit in 

14 effect under Federal law, including this subtitle; or 

15 (3) sell or purchase or offer to sell or purchase 

16 any paleontological resource if the person knew or 

17 should have known such resource to have been exca18 vated, removed, sold, purchased, exchanged, trans19 ported, or received from Federal land. 

20 (b) FALSE LABELING OFFENSES.—A person may not 

21 make or submit any false record, account, or label for, 

22 or any false identification of, any paleontological resource 

23 excavated or removed from Federal land. 

24 (c) PENALTIES.—A person who knowingly violates or 

25 counsels, procures, solicits, or employs another person to 

26 violate subsection (a) or (b) shall, upon conviction, be 
482 

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1 fined in accordance with title 18, United States Code, or 

2 imprisoned not more than 5 years, or both; but if the sum 

3 of the commercial and paleontological value of the paleon4 tological resources involved and the cost of restoration and 

5 repair of such resources does not exceed $500, such person 

6 shall be fined in accordance with title 18, United States 

7 Code, or imprisoned not more than 2 years, or both. 

8 (d) MULTIPLE OFFENSES.—In the case of a second 

9 or subsequent violation by the same person, the amount 

10 of the penalty assessed under subsection (c) may be dou11 bled. 

12 (e) GENERAL EXCEPTION.—Nothing in subsection 

13 (a) shall apply to any person with respect to any paleon14 tological resource which was in the lawful possession of 

15 such person prior to the date of enactment of this Act. 

16 SEC. 6307. CIVIL PENALTIES. 

17 (a) IN GENERAL.— 

18 (1) HEARING.—A person who violates any pro19 hibition contained in an applicable regulation or per20 mit issued under this subtitle may be assessed a 

21 penalty by the Secretary after the person is given 

22 notice and opportunity for a hearing with respect to 

23 the violation. Each violation shall be considered a 

24 separate offense for purposes of this section. 
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1 (2) AMOUNT OF PENALTY.—The amount of 

2 such penalty assessed under paragraph (1) shall be 

3 determined under regulations promulgated pursuant 

4 to this subtitle, taking into account the following 

5 factors: 

6 (A) The scientific or fair market value, 

7 whichever is greater, of the paleontological re8 source involved, as determined by the Secretary. 

9 (B) The cost of response, restoration, and 

10 repair of the resource and the paleontological 

11 site involved. 

12 (C) Any other factors considered relevant 

13 by the Secretary assessing the penalty. 

14 (3) MULTIPLE OFFENSES.—In the case of a 

15 second or subsequent violation by the same person, 

16 the amount of a penalty assessed under paragraph 

17 (2) may be doubled. 

18 (4) LIMITATION.—The amount of any penalty 

19 assessed under this subsection for any 1 violation 

20 shall not exceed an amount equal to double the cost 

21 of response, restoration, and repair of resources and 

22 paleontological site damage plus double the scientific 

23 or fair market value of resources destroyed or not 

24 recovered. 
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1 (b) PETITION FOR JUDICIAL REVIEW; COLLECTION

2 OF UNPAID ASSESSMENTS.— 

3 (1) JUDICIAL REVIEW.—Any person against 

4 whom an order is issued assessing a penalty under 

5 subsection (a) may file a petition for judicial review 

6 of the order in the United States District Court for 

7 the District of Columbia or in the district in which 

8 the violation is alleged to have occurred within the 

9 30-day period beginning on the date the order mak10 ing the assessment was issued. Upon notice of such 

11 filing, the Secretary shall promptly file such a cer12 tified copy of the record on which the order was 

13 issued. The court shall hear the action on the record 

14 made before the Secretary and shall sustain the ac15 tion if it is supported by substantial evidence on the 

16 record considered as a whole. 

17 (2) FAILURE TO PAY.—If any person fails to 

18 pay a penalty under this section within 30 days— 

19 (A) after the order making assessment has 

20 become final and the person has not filed a pe21 tition for judicial review of the order in accord22 ance with paragraph (1); or 

23 (B) after a court in an action brought in 

24 paragraph (1) has entered a final judgment up25 holding the assessment of the penalty, the Sec-
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1 retary may request the Attorney General to in2 stitute a civil action in a district court of the 

3 United States for any district in which the per4 son if found, resides, or transacts business, to 

5 collect the penalty (plus interest at currently 

6 prevailing rates from the date of the final order 

7 or the date of the final judgment, as the case 

8 may be). The district court shall have jurisdic9 tion to hear and decide any such action. In 

10 such action, the validity, amount, and appro11 priateness of such penalty shall not be subject 

12 to review. Any person who fails to pay on a 

13 timely basis the amount of an assessment of a 

14 civil penalty as described in the first sentence of 

15 this paragraph shall be required to pay, in addi16 tion to such amount and interest, attorneys fees 

17 and costs for collection proceedings. 

18 (c) HEARINGS.—Hearings held during proceedings 

19 instituted under subsection (a) shall be conducted in ac20 cordance with section 554 of title 5, United States Code. 

21 (d) USE OF RECOVERED AMOUNTS.—Penalties col22 lected under this section shall be available to the Secretary 

23 and without further appropriation may be used only as 

24 follows: 
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1 (1) To protect, restore, or repair the paleon2 tological resources and sites which were the subject 

3 of the action, or to acquire sites with equivalent re4 sources, and to protect, monitor, and study the re5 sources and sites. Any acquisition shall be subject to 

6 any limitations contained in the organic legislation 

7 for such Federal land. 

8 (2) To provide educational materials to the 

9 public about paleontological resources and sites. 

10 (3) To provide for the payment of rewards as 

11 provided in section 6308. 

12 SEC. 6308. REWARDS AND FORFEITURE. 

13 (a) REWARDS.—The Secretary may pay from pen14 alties collected under section 6306 or 6307 or from appro15 priated funds— 

16 (1) consistent with amounts established in regu17 lations by the Secretary; or 

18 (2) if no such regulation exists, an amount up 

to 1 19 ⁄2 of the penalties, to any person who furnishes 

20 information which leads to the finding of a civil vio21 lation, or the conviction of criminal violation, with 

22 respect to which the penalty was paid. If several per23 sons provided the information, the amount shall be 

24 divided among the persons. No officer or employee 

25 of the United States or of any State or local govern-
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•S 22 ES

1 ment who furnishes information or renders service in 

2 the performance of his official duties shall be eligible 

3 for payment under this subsection. 

4 (b) FORFEITURE.—All paleontological resources with 

5 respect to which a violation under section 6306 or 6307 

6 occurred and which are in the possession of any person, 

7 and all vehicles and equipment of any person that were 

8 used in connection with the violation, shall be subject to 

9 civil forfeiture, or upon conviction, to criminal forfeiture. 

10 All provisions of law relating to the seizure, forfeiture, and 

11 condemnation of property for a violation of this subtitle, 

12 the disposition of such property or the proceeds from the 

13 sale thereof, and remission or mitigation of such for14 feiture, as well as the procedural provisions of chapter 46 

15 of title 18, United States Code, shall apply to the seizures 

16 and forfeitures incurred or alleged to have incurred under 

17 the provisions of this subtitle. 

18 (c) TRANSFER OF SEIZED RESOURCES.—The Sec19 retary may transfer administration of seized paleontolog20 ical resources to Federal or non-Federal educational insti21 tutions to be used for scientific or educational purposes. 

22 SEC. 6309. CONFIDENTIALITY. 

23 Information concerning the nature and specific loca24 tion of a paleontological resource shall be exempt from dis25 closure under section 552 of title 5, United States Code, 
488 

•S 22 ES

1 and any other law unless the Secretary determines that 

2 disclosure would— 

3 (1) further the purposes of this subtitle; 

4 (2) not create risk of harm to or theft or de5 struction of the resource or the site containing the 

6 resource; and 

7 (3) be in accordance with other applicable laws. 

8 SEC. 6310. REGULATIONS. 

9 As soon as practical after the date of enactment of 

10 this Act, the Secretary shall issue such regulations as are 

11 appropriate to carry out this subtitle, providing opportuni12 ties for public notice and comment. 

13 SEC. 6311. SAVINGS PROVISIONS. 

14 Nothing in this subtitle shall be construed to— 

15 (1) invalidate, modify, or impose any additional 

16 restrictions or permitting requirements on any ac17 tivities permitted at any time under the general min18 ing laws, the mineral or geothermal leasing laws, 

19 laws providing for minerals materials disposal, or 

20 laws providing for the management or regulation of 

21 the activities authorized by the aforementioned laws 

22 including but not limited to the Federal Land Policy 

23 Management Act (43 U.S.C. 1701–1784), Public 

24 Law 94–429 (commonly known as the ‘‘Mining in 

25 the Parks Act’’) (16 U.S.C. 1901 et seq.), the Sur-
489 

•S 22 ES

1 face Mining Control and Reclamation Act of 1977 

2 (30 U.S.C. 1201–1358), and the Organic Adminis3 tration Act (16 U.S.C. 478, 482, 551); 

4 (2) invalidate, modify, or impose any additional 

5 restrictions or permitting requirements on any ac6 tivities permitted at any time under existing laws 

7 and authorities relating to reclamation and multiple 

8 uses of Federal land; 

9 (3) apply to, or require a permit for, casual col10 lecting of a rock, mineral, or invertebrate or plant 

11 fossil that is not protected under this subtitle; 

12 (4) affect any land other than Federal land or 

13 affect the lawful recovery, collection, or sale of pale14 ontological resources from land other than Federal 

15 land; 

16 (5) alter or diminish the authority of a Federal 

17 agency under any other law to provide protection for 

18 paleontological resources on Federal land in addition 

19 to the protection provided under this subtitle; or 

20 (6) create any right, privilege, benefit, or enti21 tlement for any person who is not an officer or em22 ployee of the United States acting in that capacity. 

23 No person who is not an officer or employee of the 

24 United States acting in that capacity shall have 

25 standing to file any civil action in a court of the 
490 

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1 United States to enforce any provision or amend2 ment made by this subtitle. 

3 SEC. 6312. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this subtitle. 

6 Subtitle E—Izembek National 

7 Wildlife Refuge Land Exchange 

8 SEC. 6401. DEFINITIONS. 

9 In this subtitle: 

10 (1) CORPORATION.—The term ‘‘Corporation’’ 

11 means the King Cove Corporation. 

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

13 means— 

14 (A) the approximately 206 acres of Federal 

15 land located within the Refuge, as generally de16 picted on the map; and 

17 (B) the approximately 1,600 acres of Fed18 eral land located on Sitkinak Island, as gen19 erally depicted on the map. 

20 (3) MAP.—The term ‘‘map’’ means each of— 

21 (A) the map entitled ‘‘Izembek and Alaska 

22 Peninsula National Wildlife Refuges’’ and dated 

23 September 2, 2008; and 
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1 (B) the map entitled ‘‘Sitkinak Island– 

2 Alaska Maritime National Wildlife Refuge’’ and 

3 dated September 2, 2008. 

4 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed5 eral land’’ means— 

6 (A) the approximately 43,093 acres of land 

7 owned by the State, as generally depicted on 

8 the map; and 

9 (B) the approximately 13,300 acres of land 

10 owned by the Corporation (including approxi11 mately 5,430 acres of land for which the Cor12 poration shall relinquish the selection rights of 

13 the Corporation under the Alaska Native 

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

15 as part of the land exchange under section 

16 6402(a)), as generally depicted on the map. 

17 (5) REFUGE.—The term ‘‘Refuge’’ means the 

18 Izembek National Wildlife Refuge. 

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

20 the Secretary of the Interior. 

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

22 of Alaska. 

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

24 Agdaagux Tribe of King Cove, Alaska. 
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1 SEC. 6402. LAND EXCHANGE. 

2 (a) IN GENERAL.—Upon receipt of notification by 

3 the State and the Corporation of the intention of the State 

4 and the Corporation to exchange the non-Federal land for 

5 the Federal land, subject to the conditions and require6 ments described in this subtitle, the Secretary may convey 

7 to the State all right, title, and interest of the United 

8 States in and to the Federal land. The Federal land within 

9 the Refuge shall be transferred for the purpose of con10 structing a single-lane gravel road between the commu11 nities of King Cove and Cold Bay, Alaska. 

12 (b) COMPLIANCE WITH NATIONAL ENVIRONMENTAL

13 POLICY ACT OF 1969 AND OTHER APPLICABLE LAWS.— 

14 (1) IN GENERAL.—In determining whether to 

15 carry out the land exchange under subsection (a), 

16 the Secretary shall— 

17 (A) comply with the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et 

19 seq.); and 

20 (B) except as provided in subsection (c), 

21 comply with any other applicable law (including 

22 regulations). 

23 (2) ENVIRONMENTAL IMPACT STATEMENT.— 

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

25 after the date on which the Secretary receives 

26 notification under subsection (a), the Secretary 
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1 shall initiate the preparation of an environ2 mental impact statement required under the 

3 National Environmental Policy Act of 1969 (42 

4 U.S.C. 4321 et seq.). 

5 (B) REQUIREMENTS.—The environmental 

6 impact statement prepared under subparagraph 

7 (A) shall contain— 

8 (i) an analysis of— 

9 (I) the proposed land exchange; 

10 and 

11 (II) the potential construction 

12 and operation of a road between the 

13 communities of King Cove and Cold 

14 Bay, Alaska; and 

15 (ii) an evaluation of a specific road 

16 corridor through the Refuge that is identi17 fied in consultation with the State, the 

18 City of King Cove, Alaska, and the Tribe. 

19 (3) COOPERATING AGENCIES.— 

20 (A) IN GENERAL.—During the preparation 

21 of the environmental impact statement under 

22 paragraph (2), each entity described in sub23 paragraph (B) may participate as a cooperating 

24 agency. 
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1 (B) AUTHORIZED ENTITIES.—An author2 ized entity may include— 

3 (i) any Federal agency that has per4 mitting jurisdiction over the road described 

5 in paragraph (2)(B)(i)(II); 

6 (ii) the State; 

7 (iii) the Aleutians East Borough of 

8 the State; 

9 (iv) the City of King Cove, Alaska; 

10 (v) the Tribe; and 

11 (vi) the Alaska Migratory Bird Co12 Management Council. 

13 (c) VALUATION.—The conveyance of the Federal land 

14 and non-Federal land under this section shall not be sub15 ject to any requirement under any Federal law (including 

16 regulations) relating to the valuation, appraisal, or equali17 zation of land. 

18 (d) PUBLIC INTEREST DETERMINATION.— 

19 (1) CONDITIONS FOR LAND EXCHANGE.—Sub20 ject to paragraph (2), to carry out the land exchange 

21 under subsection (a), the Secretary shall determine 

22 that the land exchange (including the construction of 

23 a road between the City of King Cove, Alaska, and 

24 the Cold Bay Airport) is in the public interest. 
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1 (2) LIMITATION OF AUTHORITY OF SEC2 RETARY.—The Secretary may not, as a condition for 

3 a finding that the land exchange is in the public in4 terest— 

5 (A) require the State or the Corporation to 

6 convey additional land to the United States; or 

7 (B) impose any restriction on the subsist8 ence uses (as defined in section 803 of the 

9 Alaska National Interest Lands Conservation 

10 Act (16 U.S.C. 3113)) of waterfowl by rural 

11 residents of the State. 

12 (e) KINZAROFF LAGOON.—The land exchange under 

13 subsection (a) shall not be carried out before the date on 

14 which the parcel of land owned by the State that is located 

15 in the Kinzaroff Lagoon has been designated by the State 

16 as a State refuge, in accordance with the applicable laws 

17 (including regulations) of the State. 

18 (f) DESIGNATION OF ROAD CORRIDOR.—In desig19 nating the road corridor described in subsection 

20 (b)(2)(B)(ii), the Secretary shall— 

21 (1) minimize the adverse impact of the road 

22 corridor on the Refuge; 

23 (2) transfer the minimum acreage of Federal 

24 land that is required for the construction of the road 

25 corridor; and 
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1 (3) to the maximum extent practicable, incor2 porate into the road corridor roads that are in exist3 ence as of the date of enactment of this Act. 

4 (g) ADDITIONAL TERMS AND CONDITIONS.—The 

5 land exchange under subsection (a) shall be subject to any 

6 other term or condition that the Secretary determines to 

7 be necessary. 

8 SEC. 6403. KING COVE ROAD. 

9 (a) REQUIREMENTS RELATING TO USE, BARRIER

10 CABLES, AND DIMENSIONS.— 

11 (1) LIMITATIONS ON USE.— 

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

13 subparagraph (B), any portion of the road con14 structed on the Federal land conveyed pursuant 

15 to this subtitle shall be used primarily for 

16 health and safety purposes (including access to 

17 and from the Cold Bay Airport) and only for 

18 noncommercial purposes. 

19 (B) EXCEPTIONS.—Notwithstanding sub20 paragraph (A), the use of taxis, commercial 

21 vans for public transportation, and shared rides 

22 (other than organized transportation of employ23 ees to a business or other commercial facility) 

24 shall be allowed on the road described in sub25 paragraph (A). 
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1 (C) REQUIREMENT OF AGREEMENT.—The 

2 limitations of the use of the road described in 

3 this paragraph shall be enforced in accordance 

4 with an agreement entered into between the 

5 Secretary and the State. 

6 (2) REQUIREMENT OF BARRIER CABLE.—The 

7 road described in paragraph (1)(A) shall be con8 structed to include a cable barrier on each side of 

9 the road, as described in the record of decision enti10 tled ‘‘Mitigation Measure MM–11, King Cove Access 

11 Project Final Environmental Impact Statement 

12 Record of Decision’’ and dated January 22, 2004, 

13 unless a different type barrier is required as a miti14 gation measure in the Record of Decision for Final 

15 Environmental Impact Statement required in section 

16 6402(b)(2). 

17 (3) REQUIRED DIMENSIONS AND DESIGN FEA18 TURES.—The road described in paragraph (1)(A) 

19 shall— 

20 (A) have a width of not greater than a sin21 gle lane, in accordance with the applicable road 

22 standards of the State; 

23 (B) be constructed with gravel; 

24 (C) be constructed to comply with any spe25 cific design features identified in the Record of 
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1 Decision for Final Environmental Impact State2 ment required in section 6402(b)(2) as Mitiga3 tion Measures relative to the passage and mi4 gration of wildlife, and also the exchange of 

5 tidal flows, where applicable, in accordance with 

6 applicable Federal and State design standards; 

7 and 

8 (D) if determined to be necessary, be con9 structed to include appropriate safety pullouts. 

10 (b) SUPPORT FACILITIES.—Support facilities for the 

11 road described in subsection (a)(1)(A) shall not be located 

12 within the Refuge. 

13 (c) FEDERAL PERMITS.—It is the intent of Congress 

14 that any Federal permit required for construction of the 

15 road be issued or denied not later than 1 year after the 

16 date of application for the permit. 

17 (d) APPLICABLE LAW.—Nothing in this section 

18 amends, or modifies the application of, section 1110 of 

19 the Alaska National Interest Lands Conservation Act (16 

20 U.S.C. 3170). 

21 (e) MITIGATION PLAN.— 

22 (1) IN GENERAL.—Based on the evaluation of 

23 impacts determined through the completion of the 

24 environmental impact statement under section 

25 6402(b)(2), the Secretary, in consultation with the 
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1 entities described in section 6402(b)(3)(B), shall de2 velop an enforceable mitigation plan. 

3 (2) CORRECTIVE MODIFICATIONS.—The Sec4 retary may make corrective modifications to the 

5 mitigation plan developed under paragraph (1) if— 

6 (A) the mitigation standards required 

7 under the mitigation plan are maintained; and 

8 (B) the Secretary provides an opportunity 

9 for public comment with respect to any pro10 posed corrective modification. 

11 (3) AVOIDANCE OF WILDLIFE IMPACTS.—Road 

12 construction shall adhere to any specific mitigation 

13 measures included in the Record of Decision for 

14 Final Environmental Impact Statement required in 

15 section 6402(b)(2) that— 

16 (A) identify critical periods during the cal17 endar year when the refuge is utilized by wild18 life, especially migratory birds; and 

19 (B) include specific mandatory strategies 

20 to alter, limit or halt construction activities dur21 ing identified high risk periods in order to mini22 mize impacts to wildlife, and 

23 (C) allow for the timely construction of the 

24 road. 
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1 (4) MITIGATION OF WETLAND LOSS.—The plan 

2 developed under this subsection shall comply with 

3 section 404 of the Federal Water Pollution Control 

4 Act (33 U.S.C. 1344) with regard to minimizing, to 

5 the greatest extent practicable, the filling, frag6 mentation or loss of wetlands, especially intertidal 

7 wetlands, and shall evaluate mitigating effect of 

8 those wetlands transferred in Federal ownership 

9 under the provisions of this subtitle. 

10 SEC. 6404. ADMINISTRATION OF CONVEYED LANDS. 

11 (1) FEDERAL LAND.—Upon completion of the 

12 land exchange under section 6402(a)— 

13 (A) the boundary of the land designated as 

14 wilderness within the Refuge shall be modified 

15 to exclude the Federal land conveyed to the 

16 State under the land exchange; and 

17 (B) the Federal land located on Sitkinak 

18 Island that is withdrawn for use by the Coast 

19 Guard shall, at the request of the State, be 

20 transferred by the Secretary to the State upon 

21 the relinquishment or termination of the with22 drawal. 

23 (2) NON-FEDERAL LAND.—Upon completion of 

24 the land exchange under section 6402(a), the non- 
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1 Federal land conveyed to the United States under 

2 this subtitle shall be— 

3 (A) added to the Refuge or the Alaska Pe4 ninsula National Wildlife Refuge, as appro5 priate, as generally depicted on the map; and 

6 (B) administered in accordance with the 

7 laws generally applicable to units of the Na8 tional Wildlife Refuge System. 

9 (3) WILDERNESS ADDITIONS.— 

10 (A) IN GENERAL.—Upon completion of the 

11 land exchange under section 6402(a), approxi12 mately 43,093 acres of land as generally de13 picted on the map shall be added to— 

14 (i) the Izembek National Wildlife Ref15 uge Wilderness; or 

16 (ii) the Alaska Peninsula National 

17 Wildlife Refuge Wilderness. 

18 (B) ADMINISTRATION.—The land added as 

19 wilderness under subparagraph (A) shall be ad20 ministered by the Secretary in accordance with 

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

22 and other applicable laws (including regula23 tions). 
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1 SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION. 

2 (a) NOTIFICATION TO VOID LAND EXCHANGE.—If 

3 the Secretary, the State, and the Corporation enter into 

4 the land exchange authorized under section 6402(a), the 

5 State or the Corporation may notify the Secretary in writ6 ing of the intention of the State or Corporation to void 

7 the exchange if construction of the road through the Ref8 uge has not begun. 

9 (b) DISPOSITION OF LAND EXCHANGE.—Upon the 

10 latter of the date on which the Secretary receives a request 

11 under subsection (a), and the date on which the Secretary 

12 determines that the Federal land conveyed under the land 

13 exchange under section 6402(a) has not been adversely 

14 impacted (other than any nominal impact associated with 

15 the preparation of an environmental impact statement 

16 under section 6402(b)(2)), the land exchange shall be null 

17 and void. 

18 (c) RETURN OF PRIOR OWNERSHIP STATUS OF FED19 ERAL AND NON-FEDERAL LAND.—If the land exchange 

20 is voided under subsection (b)— 

21 (1) the Federal land and non-Federal land shall 

22 be returned to the respective ownership status of 

23 each land prior to the land exchange; 

24 (2) the parcel of the Federal land that is lo25 cated in the Refuge shall be managed as part of the 

26 Izembek National Wildlife Refuge Wilderness; and 
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1 (3) each selection of the Corporation under the 

2 Alaska Native Claims Settlement Act (43 U.S.C. 

3 1601 et seq.) that was relinquished under this sub4 title shall be reinstated. 

5 SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY. 

6 (a) IN GENERAL.—Any legislative authority for con7 struction of a road shall expire at the end of the 7-year 

8 period beginning on the date of the enactment of this sub9 title unless a construction permit has been issued during 

10 that period. 

11 (b) EXTENSION OF AUTHORITY.—If a construction 

12 permit is issued within the allotted period, the 7-year au13 thority shall be extended for a period of 5 additional years 

14 beginning on the date of issuance of the construction per15 mit. 

16 (c) EXTENSION OF AUTHORITY AS RESULT OF

17 LEGAL CHALLENGES.— 

18 (1) IN GENERAL.—Prior to the issuance of a 

19 construction permit, if a lawsuit or administrative 

20 appeal is filed challenging the land exchange or con21 struction of the road (including a challenge to the 

22 NEPA process, decisions, or any required permit 

23 process required to complete construction of the 

24 road), the 7-year deadline or the five-year extension 

25 period, as appropriate, shall be extended for a time 
504 

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1 period equivalent to the time consumed by the full 

2 adjudication of the legal challenge or related admin3 istrative process. 

4 (2) INJUNCTION.—After a construction permit 

5 has been issued, if a court issues an injunction 

6 against construction of the road, the 7-year deadline 

7 or 5-year extension, as appropriate, shall be ex8 tended for a time period equivalent to time period 

9 that the injunction is in effect. 

10 (d) APPLICABILITY OF SECTION 6405.—Upon the ex11 piration of the legislative authority under this section, if 

12 a road has not been constructed, the land exchange shall 

13 be null and void and the land ownership shall revert to 

14 the respective ownership status prior to the land exchange 

15 as provided in section 6405. 

16 Subtitle F—Wolf Livestock Loss 

17 Demonstration Project 

18 SEC. 6501. DEFINITIONS. 

19 In this subtitle: 

20 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

21 has the meaning given the term in section 4 of the 

22 Indian Self-Determination and Education Assistance 

23 Act (25 U.S.C. 450b). 

24 (2) LIVESTOCK.—The term ‘‘livestock’’ means 

25 cattle, swine, horses, mules, sheep, goats, livestock 
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•S 22 ES

1 guard animals, and other domestic animals, as de2 termined by the Secretary. 

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

4 the demonstration program established under section 

5 6502(a). 

6 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

7 means the Secretary of the Interior and the Sec8 retary of Agriculture, acting jointly. 

9 SEC. 6502. WOLF COMPENSATION AND PREVENTION PRO10 GRAM. 

11 (a) IN GENERAL.—The Secretaries shall establish a 

12 5-year demonstration program to provide grants to States 

13 and Indian tribes— 

14 (1) to assist livestock producers in undertaking 

15 proactive, non-lethal activities to reduce the risk of 

16 livestock loss due to predation by wolves; and 

17 (2) to compensate livestock producers for live18 stock losses due to such predation. 

19 (b) CRITERIA AND REQUIREMENTS.—The Secretaries 

20 shall— 

21 (1) establish criteria and requirements to imple22 ment the program; and 

23 (2) when promulgating regulations to imple24 ment the program under paragraph (1), consult with 
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1 States that have implemented State programs that 

2 provide assistance to— 

3 (A) livestock producers to undertake 

4 proactive activities to reduce the risk of live5 stock loss due to predation by wolves; or 

6 (B) provide compensation to livestock pro7 ducers for livestock losses due to such preda8 tion. 

9 (c) ELIGIBILITY.—To be eligible to receive a grant 

10 under subsection (a), a State or Indian tribe shall— 

11 (1) designate an appropriate agency of the 

12 State or Indian tribe to administer the 1 or more 

13 programs funded by the grant; 

14 (2) establish 1 or more accounts to receive 

15 grant funds; 

16 (3) maintain files of all claims received under 

17 programs funded by the grant, including supporting 

18 documentation; 

19 (4) submit to the Secretary— 

20 (A) annual reports that include— 

21 (i) a summary of claims and expendi22 tures under the program during the year; 

23 and 

24 (ii) a description of any action taken 

25 on the claims; and 
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1 (B) such other reports as the Secretary 

2 may require to assist the Secretary in deter3 mining the effectiveness of activities provided 

4 assistance under this section; and 

5 (5) promulgate rules for reimbursing livestock 

6 producers under the program. 

7 (d) ALLOCATION OF FUNDING.—The Secretaries 

8 shall allocate funding made available to carry out this sub9 title— 

10 (1) equally between the uses identified in para11 graphs (1) and (2) of subsection (a); and 

12 (2) among States and Indian tribes based on— 

13 (A) the level of livestock predation in the 

14 State or on the land owned by, or held in trust 

15 for the benefit of, the Indian tribe; 

16 (B) whether the State or Indian tribe is lo17 cated in a geographical area that is at high risk 

18 for livestock predation; or 

19 (C) any other factors that the Secretaries 

20 determine are appropriate. 

21 (e) ELIGIBLE LAND.—Activities and losses described 

22 in subsection (a) may occur on Federal, State, or private 

23 land, or land owned by, or held in trust for the benefit 

24 of, an Indian tribe. 
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1 (f) FEDERAL COST SHARE.—The Federal share of 

2 the cost of any activity provided assistance made available 

3 under this subtitle shall not exceed 50 percent of the total 

4 cost of the activity. 

5 SEC. 6503. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated to carry out 

7 this subtitle $1,000,000 for fiscal year 2009 and each fis8 cal year thereafter. 

9 TITLE VII—NATIONAL PARK 

10 SERVICE AUTHORIZATIONS 

11 Subtitle A—Additions to the 

12 National Park System 

13 SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTOR14 ICAL PARK, NEW JERSEY. 

15 (a) DEFINITIONS.—In this section: 

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

17 Paterson, New Jersey. 

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

19 means the Paterson Great Falls National Historical 

20 Park Advisory Commission established by subsection 

21 (e)(1). 

22 (3) HISTORIC DISTRICT.—The term ‘‘Historic 

23 District’’ means the Great Falls Historic District in 

24 the State. 
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1 (4) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan for the 

3 Park developed under subsection (d). 

4 (5) MAP.—The term ‘‘Map’’ means the map en5 titled ‘‘Paterson Great Falls National Historical 

6 Park–Proposed Boundary’’, numbered T03/80,001, 

7 and dated May 2008. 

8 (6) PARK.—The term ‘‘Park’’ means the 

9 Paterson Great Falls National Historical Park es10 tablished by subsection (b)(1)(A). 

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

12 the Secretary of the Interior. 

13 (8) STATE.—The term ‘‘State’’ means the State 

14 of New Jersey. 

15 (b) PATERSON GREAT FALLS NATIONAL HISTORICAL

16 PARK.— 

17 (1) ESTABLISHMENT.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B), there is established in the State a 

20 unit of the National Park System to be known 

21 as the ‘‘Paterson Great Falls National Histor22 ical Park’’. 

23 (B) CONDITIONS FOR ESTABLISHMENT.— 

24 The Park shall not be established until the date 

25 on which the Secretary determines that— 
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1 (i)(I) the Secretary has acquired suffi2 cient land or an interest in land within the 

3 boundary of the Park to constitute a man4 ageable unit; or 

5 (II) the State or City, as appropriate, 

6 has entered into a written agreement with 

7 the Secretary to donate— 

8 (aa) the Great Falls State Park, 

9 including facilities for Park adminis10 tration and visitor services; or 

11 (bb) any portion of the Great 

12 Falls State Park agreed to between 

13 the Secretary and the State or City; 

14 and 

15 (ii) the Secretary has entered into a 

16 written agreement with the State, City, or 

17 other public entity, as appropriate, pro18 viding that— 

19 (I) land owned by the State, 

20 City, or other public entity within the 

21 Historic District will be managed con22 sistent with this section; and 

23 (II) future uses of land within 

24 the Historic District will be compat25 ible with the designation of the Park. 
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1 (2) PURPOSE.—The purpose of the Park is to 

2 preserve and interpret for the benefit of present and 

3 future generations certain historical, cultural, and 

4 natural resources associated with the Historic Dis5 trict. 

6 (3) BOUNDARIES.—The Park shall include the 

7 following sites, as generally depicted on the Map: 

8 (A) The upper, middle, and lower race9 ways. 

10 (B) Mary Ellen Kramer (Great Falls) 

11 Park and adjacent land owned by the City. 

12 (C) A portion of Upper Raceway Park, in13 cluding the Ivanhoe Wheelhouse and the Society 

14 for Establishing Useful Manufactures Gate15 house. 

16 (D) Overlook Park and adjacent land, in17 cluding the Society for Establishing Useful 

18 Manufactures Hydroelectric Plant and Adminis19 tration Building. 

20 (E) The Allied Textile Printing site, in21 cluding the Colt Gun Mill ruins, Mallory Mill 

22 ruins, Waverly Mill ruins, and Todd Mill ruins. 

23 (F) The Rogers Locomotive Company 

24 Erecting Shop, including the Paterson Museum. 

25 (G) The Great Falls Visitor Center. 
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1 (4) AVAILABILITY OF MAP.—The Map shall be 

2 on file and available for public inspection in the ap3 propriate offices of the National Park Service. 

4 (5) PUBLICATION OF NOTICE.—Not later than 

5 60 days after the date on which the conditions in 

6 clauses (i) and (ii) of paragraph (1)(B) are satisfied, 

7 the Secretary shall publish in the Federal Register 

8 notice of the establishment of the Park, including an 

9 official boundary map for the Park. 

10 (c) ADMINISTRATION.— 

11 (1) IN GENERAL.—The Secretary shall admin12 ister the Park in accordance with— 

13 (A) this section; and 

14 (B) the laws generally applicable to units 

15 of the National Park System, including— 

16 (i) the National Park Service Organic 

17 Act (16 U.S.C. 1 et seq.); and 

18 (ii) the Act of August 21, 1935 (16 

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

20 (2) STATE AND LOCAL JURISDICTION.—Noth21 ing in this section enlarges, diminishes, or modifies 

22 any authority of the State, or any political subdivi23 sion of the State (including the City)— 

24 (A) to exercise civil and criminal jurisdic25 tion; or 
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1 (B) to carry out State laws (including reg2 ulations) and rules on non-Federal land located 

3 within the boundary of the Park. 

4 (3) COOPERATIVE AGREEMENTS.— 

5 (A) IN GENERAL.—As the Secretary deter6 mines to be appropriate to carry out this sec7 tion, the Secretary may enter into cooperative 

8 agreements with the owner of the Great Falls 

9 Visitor Center or any nationally significant 

10 properties within the boundary of the Park 

11 under which the Secretary may identify, inter12 pret, restore, and provide technical assistance 

13 for the preservation of the properties. 

14 (B) RIGHT OF ACCESS.—A cooperative 

15 agreement entered into under subparagraph (A) 

16 shall provide that the Secretary, acting through 

17 the Director of the National Park Service, shall 

18 have the right of access at all reasonable times 

19 to all public portions of the property covered by 

20 the agreement for the purposes of— 

21 (i) conducting visitors through the 

22 properties; and 

23 (ii) interpreting the properties for the 

24 public. 
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1 (C) CHANGES OR ALTERATIONS.—No 

2 changes or alterations shall be made to any 

3 properties covered by a cooperative agreement 

4 entered into under subparagraph (A) unless the 

5 Secretary and the other party to the agreement 

6 agree to the changes or alterations. 

7 (D) CONVERSION, USE, OR DISPOSAL.— 

8 Any payment made by the Secretary under this 

9 paragraph shall be subject to an agreement that 

10 the conversion, use, or disposal of a project for 

11 purposes contrary to the purposes of this sec12 tion, as determined by the Secretary, shall enti13 tle the United States to reimbursement in 

14 amount equal to the greater of— 

15 (i) the amounts made available to the 

16 project by the United States; or 

17 (ii) the portion of the increased value 

18 of the project attributable to the amounts 

19 made available under this paragraph, as 

20 determined at the time of the conversion, 

21 use, or, disposal. 

22 (E) MATCHING FUNDS.— 

23 (i) IN GENERAL.—As a condition of 

24 the receipt of funds under this paragraph, 

25 the Secretary shall require that any Fed-
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1 eral funds made available under a coopera2 tive agreement shall be matched on a 1-to3 1 basis by non-Federal funds. 

4 (ii) FORM.—With the approval of the 

5 Secretary, the non-Federal share required 

6 under clause (i) may be in the form of do7 nated property, goods, or services from a 

8 non-Federal source. 

9 (4) ACQUISITION OF LAND.— 

10 (A) IN GENERAL.—The Secretary may ac11 quire land or interests in land within the 

12 boundary of the Park by donation, purchase 

13 from a willing seller with donated or appro14 priated funds, or exchange. 

15 (B) DONATION OF STATE OWNED LAND.— 

16 Land or interests in land owned by the State or 

17 any political subdivision of the State may only 

18 be acquired by donation. 

19 (5) TECHNICAL ASSISTANCE AND PUBLIC IN20 TERPRETATION.—The Secretary may provide tech21 nical assistance and public interpretation of related 

22 historic and cultural resources within the boundary 

23 of the Historic District. 

24 (d) MANAGEMENT PLAN.— 
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1 (1) IN GENERAL.—Not later than 3 fiscal years 

2 after the date on which funds are made available to 

3 carry out this subsection, the Secretary, in consulta4 tion with the Commission, shall complete a manage5 ment plan for the Park in accordance with— 

6 (A) section 12(b) of Public Law 91–383 

7 (commonly known as the ‘‘National Park Serv8 ice General Authorities Act’’) (16 U.S.C. 1a– 

9 7(b)); and 

10 (B) other applicable laws. 

11 (2) COST SHARE.—The management plan shall 

12 include provisions that identify costs to be shared by 

13 the Federal Government, the State, and the City, 

14 and other public or private entities or individuals for 

15 necessary capital improvements to, and maintenance 

16 and operations of, the Park. 

17 (3) SUBMISSION TO CONGRESS.—On completion 

18 of the management plan, the Secretary shall submit 

19 the management plan to— 

20 (A) the Committee on Energy and Natural 

21 Resources of the Senate; and 

22 (B) the Committee on Natural Resources 

23 of the House of Representatives. 

24 (e) PATERSON GREAT FALLS NATIONAL HISTORICAL

25 PARK ADVISORY COMMISSION.— 
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1 (1) ESTABLISHMENT.—There is established a 

2 commission to be known as the ‘‘Paterson Great 

3 Falls National Historical Park Advisory Commis4 sion’’. 

5 (2) DUTIES.—The duties of the Commission 

6 shall be to advise the Secretary in the development 

7 and implementation of the management plan. 

8 (3) MEMBERSHIP.— 

9 (A) COMPOSITION.—The Commission shall 

10 be composed of 9 members, to be appointed by 

11 the Secretary, of whom— 

12 (i) 4 members shall be appointed after 

13 consideration of recommendations sub14 mitted by the Governor of the State; 

15 (ii) 2 members shall be appointed 

16 after consideration of recommendations 

17 submitted by the City Council of Paterson, 

18 New Jersey; 

19 (iii) 1 member shall be appointed 

20 after consideration of recommendations 

21 submitted by the Board of Chosen 

22 Freeholders of Passaic County, New Jer23 sey; and 
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1 (iv) 2 members shall have experience 

2 with national parks and historic preserva3 tion. 

4 (B) INITIAL APPOINTMENTS.—The Sec5 retary shall appoint the initial members of the 

6 Commission not later than the earlier of— 

7 (i) the date that is 30 days after the 

8 date on which the Secretary has received 

9 all of the recommendations for appoint10 ments under subparagraph (A); or 

11 (ii) the date that is 30 days after the 

12 Park is established in accordance with sub13 section (b). 

14 (4) TERM; VACANCIES.— 

15 (A) TERM.— 

16 (i) IN GENERAL.—A member shall be 

17 appointed for a term of 3 years. 

18 (ii) REAPPOINTMENT.—A member 

19 may be reappointed for not more than 1 

20 additional term. 

21 (B) VACANCIES.—A vacancy on the Com22 mission shall be filled in the same manner as 

23 the original appointment was made. 

24 (5) MEETINGS.—The Commission shall meet at 

25 the call of— 
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1 (A) the Chairperson; or 

2 (B) a majority of the members of the Com3 mission. 

4 (6) QUORUM.—A majority of the Commission 

5 shall constitute a quorum. 

6 (7) CHAIRPERSON AND VICE CHAIRPERSON.— 

7 (A) IN GENERAL.—The Commission shall 

8 select a Chairperson and Vice Chairperson from 

9 among the members of the Commission. 

10 (B) VICE CHAIRPERSON.—The Vice Chair11 person shall serve as Chairperson in the ab12 sence of the Chairperson. 

13 (C) TERM.—A member may serve as 

14 Chairperson or Vice Chairman for not more 

15 than 1 year in each office. 

16 (8) COMMISSION PERSONNEL MATTERS.— 

17 (A) COMPENSATION OF MEMBERS.— 

18 (i) IN GENERAL.—Members of the 

19 Commission shall serve without compensa20 tion. 

21 (ii) TRAVEL EXPENSES.—Members of 

22 the Commission shall be allowed travel ex23 penses, including per diem in lieu of sub24 sistence, at rates authorized for an em25 ployee of an agency under subchapter I of 
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1 chapter 57 of title 5, United States Code, 

2 while away from the home or regular place 

3 of business of the member in the perform4 ance of the duties of the Commission. 

5 (B) STAFF.— 

6 (i) IN GENERAL.—The Secretary shall 

7 provide the Commission with any staff 

8 members and technical assistance that the 

9 Secretary, after consultation with the Com10 mission, determines to be appropriate to 

11 enable the Commission to carry out the du12 ties of the Commission. 

13 (ii) DETAIL OF EMPLOYEES.—The 

14 Secretary may accept the services of per15 sonnel detailed from— 

16 (I) the State; 

17 (II) any political subdivision of 

18 the State; or 

19 (III) any entity represented on 

20 the Commission. 

21 (9) FACA NONAPPLICABILITY.—Section 14(b) 

22 of the Federal Advisory Committee Act (5 U.S.C. 

23 App.) shall not apply to the Commission. 
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1 (10) TERMINATION.—The Commission shall 

2 terminate 10 years after the date of enactment of 

3 this Act. 

4 (f) STUDY OF HINCHLIFFE STADIUM.— 

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

6 after the date on which funds are made available to 

7 carry out this section, the Secretary shall complete 

8 a study regarding the preservation and interpreta9 tion of Hinchliffe Stadium, which is listed on the 

10 National Register of Historic Places. 

11 (2) INCLUSIONS.—The study shall include an 

12 assessment of— 

13 (A) the potential for listing the stadium as 

14 a National Historic Landmark; and 

15 (B) options for maintaining the historic in16 tegrity of Hinchliffe Stadium. 

17 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section. 

20 SEC. 7002. WILLIAM JEFFERSON CLINTON BIRTHPLACE 

21 HOME NATIONAL HISTORIC SITE. 

22 (a) ACQUISITION OF PROPERTY; ESTABLISHMENT OF

23 HISTORIC SITE.—Should the Secretary of the Interior ac24 quire, by donation only from the Clinton Birthplace Foun25 dation, Inc., fee simple, unencumbered title to the William 
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1 Jefferson Clinton Birthplace Home site located at 117 

2 South Hervey Street, Hope, Arkansas, 71801, and to any 

3 personal property related to that site, the Secretary shall 

4 designate the William Jefferson Clinton Birthplace Home 

5 site as a National Historic Site and unit of the National 

6 Park System, to be known as the ‘‘President William Jef7 ferson Clinton Birthplace Home National Historic Site’’. 

8 (b) APPLICABILITY OF OTHER LAWS.—The Sec9 retary shall administer the President William Jefferson 

10 Clinton Birthplace Home National Historic Site in accord11 ance with the laws generally applicable to national historic 

12 sites, including the Act entitled ‘‘An Act to establish a Na13 tional Park Service, and for other purposes’’, approved 

14 August 25, 1916 (16 U.S.C. 1–4), and the Act entitled 

15 ‘‘An Act to provide for the preservation of historic Amer16 ican sites, buildings, objects and antiquities of national 

17 significance, and for other purposes’’, approved August 

18 21, 1935 (16 U.S.C. 461 et seq.). 

19 SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK. 

20 (a) ESTABLISHMENT.— 

21 (1) IN GENERAL.—If Monroe County or Wayne 

22 County, Michigan, or other willing landowners in ei23 ther County offer to donate to the United States 

24 land relating to the Battles of the River Raisin on 

25 January 18 and 22, 1813, or the aftermath of the 
523 

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1 battles, the Secretary of the Interior (referred to in 

2 this section as the ‘‘Secretary’’) shall accept the do3 nated land. 

4 (2) DESIGNATION OF PARK.—On the acquisi5 tion of land under paragraph (1) that is of sufficient 

6 acreage to permit efficient administration, the Sec7 retary shall designate the acquired land as a unit of 

8 the National Park System, to be known as the 

9 ‘‘River Raisin National Battlefield Park’’ (referred 

10 to in this section as the ‘‘Park’’). 

11 (3) LEGAL DESCRIPTION.— 

12 (A) IN GENERAL.—The Secretary shall 

13 prepare a legal description of the land and in14 terests in land designated as the Park by para15 graph (2). 

16 (B) AVAILABILITY OF MAP AND LEGAL DE17 SCRIPTION.—A map with the legal description 

18 shall be on file and available for public inspec19 tion in the appropriate offices of the National 

20 Park Service. 

21 (b) ADMINISTRATION.— 

22 (1) IN GENERAL.—The Secretary shall manage 

23 the Park for the purpose of preserving and inter24 preting the Battles of the River Raisin in accordance 

25 with the National Park Service Organic Act (16 
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•S 22 ES

1 U.S.C. 1 et seq.) and the Act of August 21, 1935 

2 (16 U.S.C. 461 et seq.). 

3 (2) GENERAL MANAGEMENT PLAN.— 

4 (A) IN GENERAL.—Not later than 3 years 

5 after the date on which funds are made avail6 able, the Secretary shall complete a general 

7 management plan for the Park that, among 

8 other things, defines the role and responsibility 

9 of the Secretary with regard to the interpreta10 tion and the preservation of the site. 

11 (B) CONSULTATION.—The Secretary shall 

12 consult with and solicit advice and rec13 ommendations from State, county, local, and 

14 civic organizations and leaders, and other inter15 ested parties in the preparation of the manage16 ment plan. 

17 (C) INCLUSIONS.—The plan shall in18 clude— 

19 (i) consideration of opportunities for 

20 involvement by and support for the Park 

21 by State, county, and local governmental 

22 entities and nonprofit organizations and 

23 other interested parties; and 
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•S 22 ES

1 (ii) steps for the preservation of the 

2 resources of the site and the costs associ3 ated with these efforts. 

4 (D) SUBMISSION TO CONGRESS.—On the 

5 completion of the general management plan, the 

6 Secretary shall submit a copy of the plan to the 

7 Committee on Natural Resources of the House 

8 of Representatives and the Committee on En9 ergy and Natural Resources of the Senate. 

10 (3) COOPERATIVE AGREEMENTS.—The Sec11 retary may enter into cooperative agreements with 

12 State, county, local, and civic organizations to carry 

13 out this section. 

14 (c) REPORT.—Not later than 3 years after the date 

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

16 the Committee on Energy and Natural Resources of the 

17 Senate and the Committee on Natural Resources of the 

18 House a report describing the progress made with respect 

19 to acquiring real property under this section and desig20 nating the River Raisin National Battlefield Park. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as are nec23 essary to carry out this section. 
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1 Subtitle B—Amendments to Exist2 ing Units of the National Park 

3 System 

4 SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTOR5 ICAL PARK. 

6 (a) ACQUISITION OF PROPERTY.—Section 4 of Public 

7 Law 102–543 (16 U.S.C. 410yy–3) is amended by striking 

8 subsection (d). 

9 (b) MATCHING FUNDS.—Section 8(b) of Public Law 

10 102–543 (16 U.S.C. 410yy–7(b)) is amended by striking 

11 ‘‘$4’’ and inserting ‘‘$1’’. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 10 of Public Law 102–543 (16 U.S.C. 410yy–9) is amend14 ed— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘$25,000,000’’ and insert17 ing ‘‘$50,000,000’’; and 

18 (B) by striking ‘‘$3,000,000’’ and insert19 ing ‘‘$25,000,000’’; and 

20 (2) in subsection (b), by striking ‘‘$100,000’’ 

21 and all that follows through ‘‘those duties’’ and in22 serting ‘‘$250,000’’. 
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1 SEC. 7102. LOCATION OF VISITOR AND ADMINISTRATIVE 

2 FACILITIES FOR WEIR FARM NATIONAL HIS3 TORIC SITE. 

4 Section 4(d) of the Weir Farm National Historic Site 

5 Establishment Act of 1990 (16 U.S.C. 461 note) is 

6 amended— 

7 (1) in paragraph (1)(B), by striking ‘‘contig8 uous to’’ and all that follows and inserting ‘‘within 

9 Fairfield County.’’; 

10 (2) by amending paragraph (2) to read as fol11 lows: 

12 ‘‘(2) DEVELOPMENT.— 

13 ‘‘(A) MAINTAINING NATURAL CHAR14 ACTER.—The Secretary shall keep development 

15 of the property acquired under paragraph (1) to 

16 a minimum so that the character of the ac17 quired property will be similar to the natural 

18 and undeveloped landscape of the property de19 scribed in subsection (b). 

20 ‘‘(B) TREATMENT OF PREVIOUSLY DEVEL21 OPED PROPERTY.—Nothing in subparagraph 

22 (A) shall either prevent the Secretary from ac23 quiring property under paragraph (1) that, 

24 prior to the Secretary’s acquisition, was devel25 oped in a manner inconsistent with subpara26 graph (A), or require the Secretary to reme-
528 

•S 22 ES

1 diate such previously developed property to re2 flect the natural character described in sub3 paragraph (A).’’; and 

4 (3) in paragraph (3), in the matter preceding 

5 subparagraph (A), by striking ‘‘the appropriate zon6 ing authority’’ and all that follows through ‘‘Wilton, 

7 Connecticut,’’ and inserting ‘‘the local governmental 

8 entity that, in accordance with applicable State law, 

9 has jurisdiction over any property acquired under 

10 paragraph (1)(A)’’. 

11 SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE 

12 BOUNDARY EXPANSION. 

13 Section 2 of the Little River Canyon National Pre14 serve Act of 1992 (16 U.S.C. 698q) is amended— 

15 (1) in subsection (b)— 

16 (A) by striking ‘‘The Preserve’’ and insert17 ing the following: 

18 ‘‘(1) IN GENERAL.—The Preserve’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(2) BOUNDARY EXPANSION.—The boundary of 

21 the Preserve is modified to include the land depicted 

22 on the map entitled ‘Little River Canyon National 

23 Preserve Proposed Boundary’, numbered 152/ 

24 80,004, and dated December 2007.’’; and 
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1 (2) in subsection (c), by striking ‘‘map’’ and in2 serting ‘‘maps’’. 

3 SEC. 7104. HOPEWELL CULTURE NATIONAL HISTORICAL 

4 PARK BOUNDARY EXPANSION. 

5 Section 2 of the Act entitled ‘‘An Act to rename and 

6 expand the boundaries of the Mound City Group National 

7 Monument in Ohio’’, approved May 27, 1992 (106 Stat. 

8 185), is amended— 

9 (1) by striking ‘‘and’’ at the end of subsection 

10 (a)(3); 

11 (2) by striking the period at the end of sub12 section (a)(4) and inserting ‘‘; and’’; 

13 (3) by adding after subsection (a)(4) the fol14 lowing new paragraph: 

15 ‘‘(5) the map entitled ‘Hopewell Culture Na16 tional Historical Park, Ohio Proposed Boundary Ad17 justment’ numbered 353/80,049 and dated June, 

18 2006.’’; and 

19 (4) by adding after subsection (d)(2) the fol20 lowing new paragraph: 

21 ‘‘(3) The Secretary may acquire lands added by 

22 subsection (a)(5) only from willing sellers.’’. 
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1 SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK 

2 AND PRESERVE BOUNDARY ADJUSTMENT. 

3 (a) IN GENERAL.—Section 901 of the National Parks 

4 and Recreation Act of 1978 (16 U.S.C. 230) is amended 

5 in the second sentence by striking ‘‘of approximately twen6 ty thousand acres generally depicted on the map entitled 

7 ‘Barataria Marsh Unit-Jean Lafitte National Historical 

8 Park and Preserve’ numbered 90,000B and dated April 

9 1978,’’ and inserting ‘‘generally depicted on the map enti10 tled ‘Boundary Map, Barataria Preserve Unit, Jean La11 fitte National Historical Park and Preserve’, numbered 

12 467/80100A, and dated December 2007,’’. 

13 (b) ACQUISITION OF LAND.—Section 902 of the Na14 tional Parks and Recreation Act of 1978 (16 U.S.C. 230a) 

15 is amended— 

16 (1) in subsection (a)— 

17 (A) by striking ‘‘(a) Within the’’ and all 

18 that follows through the first sentence and in19 serting the following: 

20 ‘‘(a) IN GENERAL.— 

21 ‘‘(1) BARATARIA PRESERVE UNIT.— 

22 ‘‘(A) IN GENERAL.—The Secretary may 

23 acquire any land, water, and interests in land 

24 and water within the Barataria Preserve Unit 

25 by donation, purchase with donated or appro-
531 

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1 priated funds, transfer from any other Federal 

2 agency, or exchange. 

3 ‘‘(B) LIMITATIONS.— 

4 ‘‘(i) IN GENERAL.—Any non-Federal 

5 land depicted on the map described in sec6 tion 901 as ‘Lands Proposed for Addition’ 

7 may be acquired by the Secretary only with 

8 the consent of the owner of the land. 

9 ‘‘(ii) BOUNDARY ADJUSTMENT.—On 

10 the date on which the Secretary acquires a 

11 parcel of land described in clause (i), the 

12 boundary of the Barataria Preserve Unit 

13 shall be adjusted to reflect the acquisition. 

14 ‘‘(iii) EASEMENTS.—To ensure ade15 quate hurricane protection of the commu16 nities located in the area, any land identi17 fied on the map described in section 901 

18 that is acquired or transferred shall be 

19 subject to any easements that have been 

20 agreed to by the Secretary and the Sec21 retary of the Army. 

22 ‘‘(C) TRANSFER OF ADMINISTRATION JU23 RISDICTION.—Effective on the date of enact24 ment of the Omnibus Public Land Management 

25 Act of 2009, administrative jurisdiction over 
532 

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1 any Federal land within the areas depicted on 

2 the map described in section 901 as ‘Lands 

3 Proposed for Addition’ is transferred, without 

4 consideration, to the administrative jurisdiction 

5 of the National Park Service, to be adminis6 tered as part of the Barataria Preserve Unit.’’; 

7 (B) in the second sentence, by striking 

8 ‘‘The Secretary may also acquire by any of the 

9 foregoing methods’’ and inserting the following: 

10 ‘‘(2) FRENCH QUARTER.—The Secretary may 

11 acquire by any of the methods referred to in para12 graph (1)(A)’’; 

13 (C) in the third sentence, by striking 

14 ‘‘Lands, waters, and interests therein’’ and in15 serting the following: 

16 ‘‘(3) ACQUISITION OF STATE LAND.—Land, 

17 water, and interests in land and water’’; and 

18 (D) in the fourth sentence, by striking ‘‘In 

19 acquiring’’ and inserting the following: 

20 ‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.— 

21 In acquiring’’; 

22 (2) by striking subsections (b) through (f) and 

23 inserting the following: 

24 ‘‘(b) RESOURCE PROTECTION.—With respect to the 

25 land, water, and interests in land and water of the 
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1 Barataria Preserve Unit, the Secretary shall preserve and 

2 protect— 

3 ‘‘(1) fresh water drainage patterns; 

4 ‘‘(2) vegetative cover; 

5 ‘‘(3) the integrity of ecological and biological 

6 systems; and 

7 ‘‘(4) water and air quality. 

8 ‘‘(c) ADJACENT LAND.—With the consent of the 

9 owner and the parish governing authority, the Secretary 

10 may— 

11 ‘‘(1) acquire land, water, and interests in land 

12 and water, by any of the methods referred to in sub13 section (a)(1)(A) (including use of appropriations 

14 from the Land and Water Conservation Fund); and 

15 ‘‘(2) revise the boundaries of the Barataria Pre16 serve Unit to include adjacent land and water.’’; and 

17 (3) by redesignating subsection (g) as sub18 section (d). 

19 (c) DEFINITION OF IMPROVED PROPERTY.—Section 

20 903 of the National Parks and Recreation Act of 1978 

21 (16 U.S.C. 230b) is amended in the fifth sentence by in22 serting ‘‘(or January 1, 2007, for areas added to the park 

23 after that date)’’ after ‘‘January 1, 1977’’. 

24 (d) HUNTING, FISHING, AND TRAPPING.—Section 

25 905 of the National Parks and Recreation Act of 1978 
534 

•S 22 ES

1 (16 U.S.C. 230d) is amended in the first sentence by 

2 striking ‘‘, except that within the core area and on those 

3 lands acquired by the Secretary pursuant to section 902(c) 

4 of this title, he’’ and inserting ‘‘on land, and interests in 

5 land and water managed by the Secretary, except that the 

6 Secretary’’. 

7 (e) ADMINISTRATION.—Section 906 of the National 

8 Parks and Recreation Act of 1978 (16 U.S.C. 230e) is 

9 amended— 

10 (1) by striking the first sentence; and 

11 (2) in the second sentence, by striking ‘‘Pend12 ing such establishment and thereafter the’’ and in13 serting ‘‘The’’. 

14 (f) REFERENCES IN LAW.— 

15 (1) IN GENERAL.—Any reference in a law (in16 cluding regulations), map, document, paper, or other 

17 record of the United States— 

18 (A) to the Barataria Marsh Unit shall be 

19 considered to be a reference to the Barataria 

20 Preserve Unit; or 

21 (B) to the Jean Lafitte National Historical 

22 Park shall be considered to be a reference to 

23 the Jean Lafitte National Historical Park and 

24 Preserve. 
535 

•S 22 ES

1 (2) CONFORMING AMENDMENTS.—Title IX of 

2 the National Parks and Recreation Act of 1978 (16 

3 U.S.C. 230 et seq.) is amended— 

4 (A) by striking ‘‘Barataria Marsh Unit’’ 

5 each place it appears and inserting ‘‘Barataria 

6 Preserve Unit’’; and 

7 (B) by striking ‘‘Jean Lafitte National 

8 Historical Park’’ each place it appears and in9 serting ‘‘Jean Lafitte National Historical Park 

10 and Preserve’’. 

11 SEC. 7106. MINUTE MAN NATIONAL HISTORICAL PARK. 

12 (a) DEFINITIONS.—In this section: 

13 (1) MAP.—The term ‘‘map’’ means the map en14 titled ‘‘Minute Man National Historical Park Pro15 posed Boundary’’, numbered 406/81001, and dated 

16 July 2007. 

17 (2) PARK.—The term ‘‘Park’’ means the 

18 Minute Man National Historical Park in the State 

19 of Massachusetts. 

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

21 the Secretary of the Interior. 

22 (b) MINUTE MAN NATIONAL HISTORICAL PARK.— 

23 (1) BOUNDARY ADJUSTMENT.— 
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•S 22 ES

1 (A) IN GENERAL.—The boundary of the 

2 Park is modified to include the area generally 

3 depicted on the map. 

4 (B) AVAILABILITY OF MAP.—The map 

5 shall be on file and available for inspection in 

6 the appropriate offices of the National Park 

7 Service. 

8 (2) ACQUISITION OF LAND.—The Secretary 

9 may acquire the land or an interest in the land de10 scribed in paragraph (1)(A) by— 

11 (A) purchase from willing sellers with do12 nated or appropriated funds; 

13 (B) donation; or 

14 (C) exchange. 

15 (3) ADMINISTRATION OF LAND.—The Secretary 

16 shall administer the land added to the Park under 

17 paragraph (1)(A) in accordance with applicable laws 

18 (including regulations). 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section. 

22 SEC. 7107. EVERGLADES NATIONAL PARK. 

23 (a) INCLUSION OF TARPON BASIN PROPERTY.— 

24 (1) DEFINITIONS.—In this subsection: 
537 

•S 22 ES

1 (A) HURRICANE HOLE.—The term ‘‘Hurri2 cane Hole’’ means the natural salt-water body 

3 of water within the Duesenbury Tracts of the 

4 eastern parcel of the Tarpon Basin boundary 

5 adjustment and accessed by Duesenbury Creek. 

6 (B) MAP.—The term ‘‘map’’ means the 

7 map entitled ‘‘Proposed Tarpon Basin Bound8 ary Revision’’, numbered 160/80,012, and dated 

9 May 2008. 

10 (C) SECRETARY.—The term ‘‘Secretary’’ 

11 means the Secretary of the Interior. 

12 (D) TARPON BASIN PROPERTY.—The term 

13 ‘‘Tarpon Basin property’’ means land that— 

14 (i) is comprised of approximately 600 

15 acres of land and water surrounding Hur16 ricane Hole, as generally depicted on the 

17 map; and 

18 (ii) is located in South Key Largo. 

19 (2) BOUNDARY REVISION.— 

20 (A) IN GENERAL.—The boundary of the 

21 Everglades National Park is adjusted to include 

22 the Tarpon Basin property. 

23 (B) ACQUISITION AUTHORITY.—The Sec24 retary may acquire from willing sellers by dona25 tion, purchase with donated or appropriated 
538 

•S 22 ES

1 funds, or exchange, land, water, or interests in 

2 land and water, within the area depicted on the 

3 map, to be added to Everglades National Park. 

4 (C) AVAILABILITY OF MAP.—The map 

5 shall be on file and available for public inspec6 tion in the appropriate offices of the National 

7 Park Service. 

8 (D) ADMINISTRATION.—Land added to 

9 Everglades National Park by this section shall 

10 be administered as part of Everglades National 

11 Park in accordance with applicable laws (in12 cluding regulations). 

13 (3) HURRICANE HOLE.—The Secretary may 

14 allow use of Hurricane Hole by sailing vessels during 

15 emergencies, subject to such terms and conditions as 

16 the Secretary determines to be necessary. 

17 (4) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this subsection. 

20 (b) LAND EXCHANGES.— 

21 (1) DEFINITIONS.—In this subsection: 

22 (A) COMPANY.—The term ‘‘Company’’ 

23 means Florida Power & Light Company. 

24 (B) FEDERAL LAND.—The term ‘‘Federal 

25 Land’’ means the parcels of land that are— 
539 

•S 22 ES

1 (i) owned by the United States; 

2 (ii) administered by the Secretary; 

3 (iii) located within the National Park; 

4 and 

5 (iv) generally depicted on the map 

6 as— 

7 (I) Tract A, which is adjacent to 

8 the Tamiami Trail, U.S. Rt. 41; and 

9 (II) Tract B, which is located on 

10 the eastern boundary of the National 

11 Park. 

12 (C) MAP.—The term ‘‘map’’ means the 

13 map prepared by the National Park Service, en14 titled ‘‘Proposed Land Exchanges, Everglades 

15 National Park’’, numbered 160/60411A, and 

16 dated September 2008. 

17 (D) NATIONAL PARK.—The term ‘‘Na18 tional Park’’ means the Everglades National 

19 Park located in the State. 

20 (E) NON-FEDERAL LAND.—The term 

21 ‘‘non-Federal land’’ means the land in the State 

22 that— 

23 (i) is owned by the State, the specific 

24 area and location of which shall be deter25 mined by the State; or 
540 

•S 22 ES

1 (ii)(I) is owned by the Company; 

2 (II) comprises approximately 320 

3 acres; and 

4 (III) is located within the East Ever5 glades Acquisition Area, as generally de6 picted on the map as ‘‘Tract D’’. 

7 (F) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of the Interior. 

9 (G) STATE.—The term ‘‘State’’ means the 

10 State of Florida and political subdivisions of the 

11 State, including the South Florida Water Man12 agement District. 

13 (2) LAND EXCHANGE WITH STATE.— 

14 (A) IN GENERAL.—Subject to the provi15 sions of this paragraph, if the State offers to 

16 convey to the Secretary all right, title, and in17 terest of the State in and to specific parcels of 

18 non-Federal land, and the offer is acceptable to 

19 the Secretary, the Secretary may, subject to 

20 valid existing rights, accept the offer and con21 vey to the State all right, title, and interest of 

22 the United States in and to the Federal land 

23 generally depicted on the map as ‘‘Tract A’’. 

24 (B) CONDITIONS.—The land exchange 

25 under subparagraph (A) shall be subject to 
541 

•S 22 ES

1 such terms and conditions as the Secretary may 

2 require. 

3 (C) VALUATION.— 

4 (i) IN GENERAL.—The values of the 

5 land involved in the land exchange under 

6 subparagraph (A) shall be equal. 

7 (ii) EQUALIZATION.—If the values of 

8 the land are not equal, the values may be 

9 equalized by donation, payment using do10 nated or appropriated funds, or the con11 veyance of additional parcels of land. 

12 (D) APPRAISALS.—Before the exchange of 

13 land under subparagraph (A), appraisals for the 

14 Federal and non-Federal land shall be con15 ducted in accordance with the Uniform Ap16 praisal Standards for Federal Land Acquisi17 tions and the Uniform Standards of Profes18 sional Appraisal Practice. 

19 (E) TECHNICAL CORRECTIONS.—Subject 

20 to the agreement of the State, the Secretary 

21 may make minor corrections to correct technical 

22 and clerical errors in the legal descriptions of 

23 the Federal and non-Federal land and minor 

24 adjustments to the boundaries of the Federal 

25 and non-Federal land. 
542 

•S 22 ES

1 (F) ADMINISTRATION OF LAND ACQUIRED

2 BY SECRETARY.—Land acquired by the Sec3 retary under subparagraph (A) shall— 

4 (i) become part of the National Park; 

5 and 

6 (ii) be administered in accordance 

7 with the laws applicable to the National 

8 Park System. 

9 (3) LAND EXCHANGE WITH COMPANY.— 

10 (A) IN GENERAL.—Subject to the provi11 sions of this paragraph, if the Company offers 

12 to convey to the Secretary all right, title, and 

13 interest of the Company in and to the non-Fed14 eral land generally depicted on the map as 

15 ‘‘Tract D’’, and the offer is acceptable to the 

16 Secretary, the Secretary may, subject to valid 

17 existing rights, accept the offer and convey to 

18 the Company all right, title, and interest of the 

19 United States in and to the Federal land gen20 erally depicted on the map as ‘‘Tract B’’, along 

21 with a perpetual easement on a corridor of land 

22 contiguous to Tract B for the purpose of vege23 tation management. 

24 (B) CONDITIONS.—The land exchange 

25 under subparagraph (A) shall be subject to 
543 

•S 22 ES

1 such terms and conditions as the Secretary may 

2 require. 

3 (C) VALUATION.— 

4 (i) IN GENERAL.—The values of the 

5 land involved in the land exchange under 

6 subparagraph (A) shall be equal unless the 

7 non-Federal land is of higher value than 

8 the Federal land. 

9 (ii) EQUALIZATION.—If the values of 

10 the land are not equal, the values may be 

11 equalized by donation, payment using do12 nated or appropriated funds, or the con13 veyance of additional parcels of land. 

14 (D) APPRAISAL.—Before the exchange of 

15 land under subparagraph (A), appraisals for the 

16 Federal and non-Federal land shall be con17 ducted in accordance with the Uniform Ap18 praisal Standards for Federal Land Acquisi19 tions and the Uniform Standards of Profes20 sional Appraisal Practice. 

21 (E) TECHNICAL CORRECTIONS.—Subject 

22 to the agreement of the Company, the Secretary 

23 may make minor corrections to correct technical 

24 and clerical errors in the legal descriptions of 

25 the Federal and non-Federal land and minor 
544 

•S 22 ES

1 adjustments to the boundaries of the Federal 

2 and non-Federal land. 

3 (F) ADMINISTRATION OF LAND ACQUIRED

4 BY SECRETARY.—Land acquired by the Sec5 retary under subparagraph (A) shall— 

6 (i) become part of the National Park; 

7 and 

8 (ii) be administered in accordance 

9 with the laws applicable to the National 

10 Park System. 

11 (4) MAP.—The map shall be on file and avail12 able for public inspection in the appropriate offices 

13 of the National Park Service. 

14 (5) BOUNDARY REVISION.—On completion of 

15 the land exchanges authorized by this subsection, 

16 the Secretary shall adjust the boundary of the Na17 tional Park accordingly, including removing the land 

18 conveyed out of Federal ownership. 

19 SEC. 7108. KALAUPAPA NATIONAL HISTORICAL PARK. 

20 (a) IN GENERAL.—The Secretary of the Interior shall 

21 authorize Ka ‘Ohana O Kalaupapa, a non-profit organiza22 tion consisting of patient residents at Kalaupapa National 

23 Historical Park, and their family members and friends, 

24 to establish a memorial at a suitable location or locations 

25 approved by the Secretary at Kalawao or Kalaupapa with-
545 

•S 22 ES

1 in the boundaries of Kalaupapa National Historical Park 

2 located on the island of Molokai, in the State of Hawaii, 

3 to honor and perpetuate the memory of those individuals 

4 who were forcibly relocated to Kalaupapa Peninsula from 

5 1866 to 1969. 

6 (b) DESIGN.— 

7 (1) IN GENERAL.—The memorial authorized by 

8 subsection (a) shall— 

9 (A) display in an appropriate manner the 

10 names of the first 5,000 individuals sent to the 

11 Kalaupapa Peninsula between 1866 and 1896, 

12 most of whom lived at Kalawao; and 

13 (B) display in an appropriate manner the 

14 names of the approximately 3,000 individuals 

15 who arrived at Kalaupapa in the second part of 

16 its history, when most of the community was 

17 concentrated on the Kalaupapa side of the pe18 ninsula. 

19 (2) APPROVAL.—The location, size, design, and 

20 inscriptions of the memorial authorized by sub21 section (a) shall be subject to the approval of the 

22 Secretary of the Interior. 

23 (c) FUNDING.—Ka ‘Ohana O Kalaupapa, a nonprofit 

24 organization, shall be solely responsible for acceptance of 
546 

•S 22 ES

1 contributions for and payment of the expenses associated 

2 with the establishment of the memorial. 

3 SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL RECRE4 ATION AREA. 

5 (a) COOPERATIVE AGREEMENTS.—Section 1029(d) 

6 of the Omnibus Parks and Public Lands Management Act 

7 of 1996 (16 U.S.C. 460kkk(d)) is amended by striking 

8 paragraph (3) and inserting the following: 

9 ‘‘(3) AGREEMENTS.— 

10 ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.— 

11 In this paragraph, the term ‘eligible entity’ 

12 means— 

13 ‘‘(i) the Commonwealth of Massachu14 setts; 

15 ‘‘(ii) a political subdivision of the 

16 Commonwealth of Massachusetts; or 

17 ‘‘(iii) any other entity that is a mem18 ber of the Boston Harbor Islands Partner19 ship described in subsection (e)(2). 

20 ‘‘(B) AUTHORITY OF SECRETARY.—Subject 

21 to subparagraph (C), the Secretary may consult 

22 with an eligible entity on, and enter into with 

23 the eligible entity— 

24 ‘‘(i) a cooperative management agree25 ment to acquire from, and provide to, the 
547 

•S 22 ES

1 eligible entity goods and services for the 

2 cooperative management of land within the 

3 recreation area; and 

4 ‘‘(ii) notwithstanding section 6305 of 

5 title 31, United States Code, a cooperative 

6 agreement for the construction of recre7 ation area facilities on land owned by an 

8 eligible entity for purposes consistent with 

9 the management plan under subsection (f). 

10 ‘‘(C) CONDITIONS.—The Secretary may 

11 enter into an agreement with an eligible entity 

12 under subparagraph (B) only if the Secretary 

13 determines that— 

14 ‘‘(i) appropriations for carrying out 

15 the purposes of the agreement are avail16 able; and 

17 ‘‘(ii) the agreement is in the best in18 terests of the United States.’’. 

19 (b) TECHNICAL AMENDMENTS.— 

20 (1) MEMBERSHIP.—Section 1029(e)(2)(B) of 

21 the Omnibus Parks and Public Lands Management 

22 Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amend23 ed by striking ‘‘Coast Guard’’ and inserting ‘‘Coast 

24 Guard.’’. 
548 

•S 22 ES

1 (2) DONATIONS.—Section 1029(e)(11) of the 

2 Omnibus Parks and Public Lands Management Act 

3 of 1996 (16 U.S.C. 460kkk(e)(11)) is amended by 

4 striking ‘‘Nothwithstanding’’ and inserting ‘‘Not5 withstanding’’. 

6 SEC. 7110. THOMAS EDISON NATIONAL HISTORICAL PARK, 

7 NEW JERSEY. 

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

9 (1) to recognize and pay tribute to Thomas 

10 Alva Edison and his innovations; and 

11 (2) to preserve, protect, restore, and enhance 

12 the Edison National Historic Site to ensure public 

13 use and enjoyment of the Site as an educational, sci14 entific, and cultural center. 

15 (b) ESTABLISHMENT.— 

16 (1) IN GENERAL.—There is established the 

17 Thomas Edison National Historical Park as a unit 

18 of the National Park System (referred to in this sec19 tion as the ‘‘Historical Park’’). 

20 (2) BOUNDARIES.—The Historical Park shall 

21 be comprised of all property owned by the United 

22 States in the Edison National Historic Site as well 

23 as all property authorized to be acquired by the Sec24 retary of the Interior (referred to in this section as 

25 the ‘‘Secretary’’) for inclusion in the Edison Na-
549 

•S 22 ES

1 tional Historic Site before the date of the enactment 

2 of this Act, as generally depicted on the map entitled 

3 the ‘‘Thomas Edison National Historical Park’’, 

4 numbered 403/80,000, and dated April 2008. 

5 (3) MAP.—The map of the Historical Park 

6 shall be on file and available for public inspection in 

7 the appropriate offices of the National Park Service. 

8 (c) ADMINISTRATION.— 

9 (1) IN GENERAL.—The Secretary shall admin10 ister the Historical Park in accordance with this sec11 tion and with the provisions of law generally applica12 ble to units of the National Park System, including 

13 the Acts entitled ‘‘An Act to establish a National 

14 Park Service, and for other purposes,’’ approved Au15 gust 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) 

16 and ‘‘An Act to provide for the preservation of his17 toric American sites, buildings, objects, and antiq18 uities of national significance, and for other pur19 poses,’’ approved August 21, 1935 (16 U.S.C. 461 

20 et seq.). 

21 (2) ACQUISITION OF PROPERTY.— 

22 (A) REAL PROPERTY.—The Secretary may 

23 acquire land or interests in land within the 

24 boundaries of the Historical Park, from willing 
550 

•S 22 ES

1 sellers only, by donation, purchase with donated 

2 or appropriated funds, or exchange. 

3 (B) PERSONAL PROPERTY.—The Secretary 

4 may acquire personal property associated with, 

5 and appropriate for, interpretation of the His6 torical Park. 

7 (3) COOPERATIVE AGREEMENTS.—The Sec8 retary may consult and enter into cooperative agree9 ments with interested entities and individuals to pro10 vide for the preservation, development, interpreta11 tion, and use of the Historical Park. 

12 (4) REPEAL OF SUPERSEDED LAW.—Public 

13 Law 87–628 (76 Stat. 428), regarding the establish14 ment and administration of the Edison National 

15 Historic Site, is repealed. 

16 (5) REFERENCES.—Any reference in a law, 

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

18 the United States to the ‘‘Edison National Historic 

19 Site’’ shall be deemed to be a reference to the 

20 ‘‘Thomas Edison National Historical Park’’. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated such sums as may be nec23 essary to carry out this section. 
551 

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1 SEC. 7111. WOMEN’S RIGHTS NATIONAL HISTORICAL PARK. 

2 (a) VOTES FOR WOMEN TRAIL.—Title XVI of Public 

3 Law 96–607 (16 U.S.C. 410ll) is amended by adding at 

4 the end the following: 

5 ‘‘SEC. 1602. VOTES FOR WOMEN TRAIL. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) PARK.—The term ‘Park’ means the Wom8 en’s Rights National Historical Park established by 

9 section 1601. 

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

11 the Secretary of the Interior, acting through the Di12 rector of the National Park Service. 

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

14 of New York. 

15 ‘‘(4) TRAIL.—The term ‘Trail’ means the Votes 

16 for Women History Trail Route designated under 

17 subsection (b). 

18 ‘‘(b) ESTABLISHMENT OF TRAIL ROUTE.—The Sec19 retary, with concurrence of the agency having jurisdiction 

20 over the relevant roads, may designate a vehicular tour 

21 route, to be known as the ‘Votes for Women History Trail 

22 Route’, to link properties in the State that are historically 

23 and thematically associated with the struggle for women’s 

24 suffrage in the United States. 

25 ‘‘(c) ADMINISTRATION.—The Trail shall be adminis26 tered by the National Park Service through the Park. 
552 

•S 22 ES

1 ‘‘(d) ACTIVITIES.—To facilitate the establishment of 

2 the Trail and the dissemination of information regarding 

3 the Trail, the Secretary shall— 

4 ‘‘(1) produce and disseminate appropriate edu5 cational materials regarding the Trail, such as hand6 books, maps, exhibits, signs, interpretive guides, and 

7 electronic information; 

8 ‘‘(2) coordinate the management, planning, and 

9 standards of the Trail in partnership with partici10 pating properties, other Federal agencies, and State 

11 and local governments; 

12 ‘‘(3) create and adopt an official, uniform sym13 bol or device to mark the Trail; and 

14 ‘‘(4) issue guidelines for the use of the symbol 

15 or device adopted under paragraph (3). 

16 ‘‘(e) ELEMENTS OF TRAIL ROUTE.—Subject to the 

17 consent of the owner of the property, the Secretary may 

18 designate as an official stop on the Trail— 

19 ‘‘(1) all units and programs of the Park relat20 ing to the struggle for women’s suffrage; 

21 ‘‘(2) other Federal, State, local, and privately 

22 owned properties that the Secretary determines have 

23 a verifiable connection to the struggle for women’s 

24 suffrage; and 
553 

•S 22 ES

1 ‘‘(3) other governmental and nongovernmental 

2 facilities and programs of an educational, commemo3 rative, research, or interpretive nature that the Sec4 retary determines to be directly related to the strug5 gle for women’s suffrage. 

6 ‘‘(f) COOPERATIVE AGREEMENTS AND MEMORANDA

7 OF UNDERSTANDING.— 

8 ‘‘(1) IN GENERAL.—To facilitate the establish9 ment of the Trail and to ensure effective coordina10 tion of the Federal and non-Federal properties des11 ignated as stops along the Trail, the Secretary may 

12 enter into cooperative agreements and memoranda of 

13 understanding with, and provide technical and finan14 cial assistance to, other Federal agencies, the State, 

15 localities, regional governmental bodies, and private 

16 entities. 

17 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated to the Sec19 retary such sums as are necessary for the period of 

20 fiscal years 2009 through 2013 to provide financial 

21 assistance to cooperating entities pursuant to agree22 ments or memoranda entered into under paragraph 

23 (1).’’. 

24 (b) NATIONAL WOMEN’S RIGHTS HISTORY PROJECT

25 NATIONAL REGISTRY.— 
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•S 22 ES

1 (1) IN GENERAL.—The Secretary of the Inte2 rior (referred to in this section as the ‘‘Secretary’’) 

3 may make annual grants to State historic preserva4 tion offices for not more than 5 years to assist the 

5 State historic preservation offices in surveying, eval6 uating, and nominating to the National Register of 

7 Historic Places women’s rights history properties. 

8 (2) ELIGIBILITY.—In making grants under 

9 paragraph (1), the Secretary shall give priority to 

10 grants relating to properties associated with the 

11 multiple facets of the women’s rights movement, 

12 such as politics, economics, education, religion, and 

13 social and family rights. 

14 (3) UPDATES.—The Secretary shall ensure that 

15 the National Register travel itinerary website enti16 tled ‘‘Places Where Women Made History’’ is up17 dated to contain— 

18 (A) the results of the inventory conducted 

19 under paragraph (1); and 

20 (B) any links to websites related to places 

21 on the inventory. 

22 (4) COST-SHARING REQUIREMENT.—The Fed23 eral share of the cost of any activity carried out 

24 using any assistance made available under this sub25 section shall be 50 percent. 
555 

•S 22 ES

1 (5) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to the Sec3 retary to carry out this subsection $1,000,000 for 

4 each of fiscal years 2009 through 2013. 

5 (c) NATIONAL WOMEN’S RIGHTS HISTORY PROJECT

6 PARTNERSHIPS NETWORK.— 

7 (1) GRANTS.—The Secretary may make match8 ing grants and give technical assistance for develop9 ment of a network of governmental and nongovern10 mental entities (referred to in this subsection as the 

11 ‘‘network’’), the purpose of which is to provide inter12 pretive and educational program development of na13 tional women’s rights history, including historic 

14 preservation. 

15 (2) MANAGEMENT OF NETWORK.— 

16 (A) IN GENERAL.—The Secretary shall, 

17 through a competitive process, designate a non18 governmental managing network to manage the 

19 network. 

20 (B) COORDINATION.—The nongovern21 mental managing entity designated under sub22 paragraph (A) shall work in partnership with 

23 the Director of the National Park Service and 

24 State historic preservation offices to coordinate 

25 operation of the network. 
556 

•S 22 ES

1 (3) COST-SHARING REQUIREMENT.— 

2 (A) IN GENERAL.—The Federal share of 

3 the cost of any activity carried out using any 

4 assistance made available under this subsection 

5 shall be 50 percent. 

6 (B) STATE HISTORIC PRESERVATION OF7 FICES.—Matching grants for historic preserva8 tion specific to the network may be made avail9 able through State historic preservation offices. 

10 (4) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to the Sec12 retary to carry out this subsection $1,000,000 for 

13 each of fiscal years 2009 through 2013. 

14 SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE. 

15 (a) DEFINITIONS.—In this section: 

16 (1) HISTORIC SITE.—The term ‘‘historic site’’ 

17 means the Martin Van Buren National Historic Site 

18 in the State of New York established by Public Law 

19 93–486 (16 U.S.C. 461 note) on October 26, 1974. 

20 (2) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Boundary Map, Martin Van Buren National 

22 Historic Site’’, numbered ‘‘460/80801’’, and dated 

23 January 2005. 

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

25 the Secretary of the Interior. 
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•S 22 ES

1 (b) BOUNDARY ADJUSTMENTS TO THE HISTORIC

2 SITE.— 

3 (1) BOUNDARY ADJUSTMENT.—The boundary 

4 of the historic site is adjusted to include approxi5 mately 261 acres of land identified as the ‘‘PRO6 POSED PARK BOUNDARY’’, as generally de7 picted on the map. 

8 (2) ACQUISITION AUTHORITY.—The Secretary 

9 may acquire the land and any interests in the land 

10 described in paragraph (1) from willing sellers by 

11 donation, purchase with donated or appropriated 

12 funds, or exchange. 

13 (3) AVAILABILITY OF MAP.—The map shall be 

14 on file and available for public inspection in the ap15 propriate offices of the National Park Service. 

16 (4) ADMINISTRATION.—Land acquired for the 

17 historic site under this section shall be administered 

18 as part of the historic site in accordance with appli19 cable law (including regulations). 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated such sums as are nec22 essary to carry out this section. 
558 

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1 SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL HISTOR2 ICAL PARK. 

3 (a) DESIGNATION OF PALO ALTO BATTLEFIELD NA4 TIONAL HISTORICAL PARK.— 

5 (1) IN GENERAL.—The Palo Alto Battlefield 

6 National Historic Site shall be known and des7 ignated as the ‘‘Palo Alto Battlefield National His8 torical Park’’. 

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

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

11 the United States to the historic site referred to in 

12 subsection (a) shall be deemed to be a reference to 

13 the Palo Alto Battlefield National Historical Park. 

14 (3) CONFORMING AMENDMENTS.—The Palo 

15 Alto Battlefield National Historic Site Act of 1991 

16 (16 U.S.C. 461 note; Public Law 102–304) is 

17 amended— 

18 (A) by striking ‘‘National Historic Site’’ 

19 each place it appears and inserting ‘‘National 

20 Historical Park’’; 

21 (B) in the heading for section 3, by strik22 ing ‘‘NATIONAL HISTORIC SITE’’ and insert23 ing ‘‘NATIONAL HISTORICAL PARK’’; and 

24 (C) by striking ‘‘historic site’’ each place it 

25 appears and inserting ‘‘historical park’’. 
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1 (b) BOUNDARY EXPANSION, PALO ALTO BATTLE2 FIELD NATIONAL HISTORICAL PARK, TEXAS.—Section 

3 3(b) of the Palo Alto Battlefield National Historic Site 

4 Act of 1991 (16 U.S.C. 461 note; Public Law 102–304) 

5 (as amended by subsection (a)) is amended— 

6 (1) in paragraph (1), by striking ‘‘(1) The his7 torical park’’ and inserting the following: 

8 ‘‘(1) IN GENERAL.—The historical park’’; 

9 (2) by redesignating paragraph (2) as para10 graph (3); 

11 (3) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) ADDITIONAL LAND.— 

14 ‘‘(A) IN GENERAL.—In addition to the 

15 land described in paragraph (1), the historical 

16 park shall consist of approximately 34 acres of 

17 land, as generally depicted on the map entitled 

18 ‘Palo Alto Battlefield NHS Proposed Boundary 

19 Expansion’, numbered 469/80,012, and dated 

20 May 21, 2008. 

21 ‘‘(B) AVAILABILITY OF MAP.—The map 

22 described in subparagraph (A) shall be on file 

23 and available for public inspection in the appro24 priate offices of the National Park Service.’’; 

25 and 
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1 (4) in paragraph (3) (as redesignated by para2 graph (2))— 

3 (A) by striking ‘‘(3) Within’’ and inserting 

4 the following: 

5 ‘‘(3) LEGAL DESCRIPTION.—Not later than’’; 

6 and 

7 (B) in the second sentence, by striking 

8 ‘‘map referred to in paragraph (1)’’ and insert9 ing ‘‘maps referred to in paragraphs (1) and 

10 (2)’’. 

11 SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HIS12 TORICAL PARK. 

13 (a) DESIGNATION.—The Abraham Lincoln Birth14 place National Historic Site in the State of Kentucky shall 

15 be known and designated as the ‘‘Abraham Lincoln Birth16 place National Historical Park’’. 

17 (b) REFERENCES.—Any reference in a law, map, reg18 ulation, document, paper, or other record of the United 

19 States to the Abraham Lincoln Birthplace National His20 toric Site shall be deemed to be a reference to the ‘‘Abra21 ham Lincoln Birthplace National Historical Park’’. 

22 SEC. 7115. NEW RIVER GORGE NATIONAL RIVER. 

23 Section 1106 of the National Parks and Recreation 

24 Act of 1978 (16 U.S.C. 460m–20) is amended in the first 

25 sentence by striking ‘‘may’’ and inserting ‘‘shall’’. 
561 

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1 SEC. 7116. TECHNICAL CORRECTIONS. 

2 (a) GAYLORD NELSON WILDERNESS.— 

3 (1) REDESIGNATION.—Section 140 of division 

4 E of the Consolidated Appropriations Act, 2005 (16 

5 U.S.C. 1132 note; Public Law 108–447), is amend6 ed— 

7 (A) in subsection (a), by striking ‘‘Gaylord 

8 A. Nelson’’ and inserting ‘‘Gaylord Nelson’’; 

9 and 

10 (B) in subsection (c)(4), by striking ‘‘Gay11 lord A. Nelson Wilderness’’ and inserting ‘‘Gay12 lord Nelson Wilderness’’. 

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

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

15 the United States to the ‘‘Gaylord A. Nelson Wilder16 ness’’ shall be deemed to be a reference to the ‘‘Gay17 lord Nelson Wilderness’’. 

18 (b) ARLINGTON HOUSE LAND TRANSFER.—Section 

19 2863(h)(1) of Public Law 107–107 (115 Stat. 1333) is 

20 amended by striking ‘‘the George Washington Memorial 

21 Parkway’’ and inserting ‘‘Arlington House, The Robert E. 

22 Lee Memorial,’’. 

23 (c) CUMBERLAND ISLAND WILDERNESS.—Section 

24 2(a)(1) of Public Law 97–250 (16 U.S.C. 1132 note; 96 

25 Stat. 709) is amended by striking ‘‘numbered 640/ 
562 

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1 20,038I, and dated September 2004’’ and inserting ‘‘num2 bered 640/20,038K, and dated September 2005’’. 

3 (d) PETRIFIED FOREST BOUNDARY.—Section 2(1) of 

4 the Petrified Forest National Park Expansion Act of 2004 

5 (16 U.S.C. 119 note; Public Law 108–430) is amended 

6 by striking ‘‘numbered 110/80,044, and dated July 2004’’ 

7 and inserting ‘‘numbered 110/80,045, and dated January 

8 2005’’. 

9 (e) COMMEMORATIVE WORKS ACT.—Chapter 89 of 

10 title 40, United States Code, is amended— 

11 (1) in section 8903(d), by inserting ‘‘Natural’’ 

12 before ‘‘Resources’’; 

13 (2) in section 8904(b), by inserting ‘‘Advisory’’ 

14 before ‘‘Commission’’; and 

15 (3) in section 8908(b)(1)— 

16 (A) in the first sentence, by inserting ‘‘Ad17 visory’’ before ‘‘Commission’’; and 

18 (B) in the second sentence, by striking 

19 ‘‘House Administration’’ and inserting ‘‘Natural 

20 Resources’’. 

21 (f) CAPTAIN JOHN SMITH CHESAPEAKE NATIONAL

22 HISTORIC TRAIL.—Section 5(a)(25)(A) of the National 

23 Trails System Act (16 U.S.C. 1244(a)(25)(A)) is amended 

24 by striking ‘‘The John Smith’’ and inserting ‘‘The Captain 

25 John Smith’’. 
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1 (g) DELAWARE NATIONAL COASTAL SPECIAL RE2 SOURCE STUDY.—Section 604 of the Delaware National 

3 Coastal Special Resources Study Act (Public Law 109– 

4 338; 120 Stat. 1856) is amended by striking ‘‘under sec5 tion 605’’. 

6 (h) USE OF RECREATION FEES.—Section 

7 808(a)(1)(F) of the Federal Lands Recreation Enhance8 ment Act (16 U.S.C. 6807(a)(1)(F)) is amended by strik9 ing ‘‘section 6(a)’’ and inserting ‘‘section 806(a)’’. 

10 (i) CROSSROADS OF THE AMERICAN REVOLUTION

11 NATIONAL HERITAGE AREA.—Section 297F(b)(2)(A) of 

12 the Crossroads of the American Revolution National Her13 itage Area Act of 2006 (Public Law 109–338; 120 Stat. 

14 1844) is amended by inserting ‘‘duties’’ before ‘‘of the’’. 

15 (j) CUYAHOGA VALLEY NATIONAL PARK.—Section 

16 474(12) of the Consolidated Natural Resources Act of 

17 2008 (Public Law 1110–229; 122 Stat. 827) is amended 

18 by striking ‘‘Cayohoga’’ each place it appears and insert19 ing ‘‘Cuyahoga’’. 

20 (k) PENNSYLVANIA AVENUE NATIONAL HISTORIC

21 SITE.— 

22 (1) NAME ON MAP.—Section 313(d)(1)(B) of 

23 the Department of the Interior and Related Agencies 

24 Appropriations Act, 1996 (Public Law 104–134; 

25 110 Stat. 1321–199; 40 U.S.C. 872 note) is amend-
564 

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1 ed by striking ‘‘map entitled ‘Pennsylvania Avenue 

2 National Historic Park’, dated June 1, 1995, and 

3 numbered 840–82441’’ and inserting ‘‘map entitled 

4 ‘Pennsylvania Avenue National Historic Site’, dated 

5 August 25, 2008, and numbered 840–82441B’’. 

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

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

8 the United States to the Pennsylvania Avenue Na9 tional Historic Park shall be deemed to be a ref10 erence to the ‘‘Pennsylvania Avenue National His11 toric Site’’. 

12 SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HIS13 TORICAL PARK, OHIO. 

14 (a) ADDITIONAL AREAS INCLUDED IN PARK.—Sec15 tion 101 of the Dayton Aviation Heritage Preservation 

16 Act of 1992 (16 U.S.C. 410ww, et seq.) is amended by 

17 adding at the end the following: 

18 ‘‘(c) ADDITIONAL SITES.—In addition to the sites de19 scribed in subsection (b), the park shall consist of the fol20 lowing sites, as generally depicted on a map titled ‘Dayton 

21 Aviation Heritage National Historical Park’, numbered 

22 362/80,013 and dated May 2008: 

23 ‘‘(1) Hawthorn Hill, Oakwood, Ohio. 

24 ‘‘(2) The Wright Company factory and associ25 ated land and buildings, Dayton, Ohio.’’. 
565 

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1 (b) PROTECTION OF HISTORIC PROPERTIES.—Sec2 tion 102 of the Dayton Aviation Heritage Preservation 

3 Act of 1992 (16 U.S.C. 410ww–1) is amended— 

4 (1) in subsection (a), by inserting ‘‘Hawthorn 

5 Hill, the Wright Company factory,’’ after ‘‘, ac6 quire’’; 

7 (2) in subsection (b), by striking ‘‘Such agree8 ments’’ and inserting: 

9 ‘‘(d) CONDITIONS.—Cooperative agreements under 

10 this section’’; 

11 (3) by inserting before subsection (d) (as added 

12 by paragraph 2) the following: 

13 ‘‘(c) COOPERATIVE AGREEMENTS.—The Secretary is 

14 authorized to enter into a cooperative agreement with a 

15 partner or partners, including the Wright Family Founda16 tion, to operate and provide programming for Hawthorn 

17 Hill and charge reasonable fees notwithstanding any other 

18 provision of law, which may be used to defray the costs 

19 of park operation and programming.’’; and 

20 (4) by striking ‘‘Commission’’ and inserting 

21 ‘‘Aviation Heritage Foundation’’. 

22 (c) GRANT ASSISTANCE.—The Dayton Aviation Her23 itage Preservation Act of 1992, is amended— 

24 (1) by redesignating subsection (b) of section 

25 108 as subsection (c); and 
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1 (2) by inserting after subsection (a) of section 

2 108 the following new subsection: 

3 ‘‘(b) GRANT ASSISTANCE.—The Secretary is author4 ized to make grants to the parks’ partners, including the 

5 Aviation Trail, Inc., the Ohio Historical Society, and Day6 ton History, for projects not requiring Federal involve7 ment other than providing financial assistance, subject to 

8 the availability of appropriations in advance identifying 

9 the specific partner grantee and the specific project. 

10 Projects funded through these grants shall be limited to 

11 construction and development on non-Federal property 

12 within the boundaries of the park. Any project funded by 

13 such a grant shall support the purposes of the park, shall 

14 be consistent with the park’s general management plan, 

15 and shall enhance public use and enjoyment of the park.’’. 

16 (d) NATIONAL AVIATION HERITAGE AREA.—Title V 

17 of division J of the Consolidated Appropriations Act, 2005 

18 (16 U.S.C. 461 note; Public Law 108–447), is amended— 

19 (1) in section 503(3), by striking ‘‘104’’ and in20 serting ‘‘504’’; 

21 (2) in section 503(4), by striking ‘‘106’’ and in22 serting ‘‘506’’; 

23 (3) in section 504, by striking subsection (b)(2) 

24 and by redesignating subsection (b)(3) as subsection 

25 (b)(2); and 
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1 (4) in section 505(b)(1), by striking ‘‘106’’ and 

2 inserting ‘‘506’’. 

3 SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE. 

4 Public Law 87–213 (16 U.S.C. 461 note) is amended 

5 as follows: 

6 (1) In the first section— 

7 (A) by striking ‘‘the Secretary of the Inte8 rior’’ and inserting ‘‘(a) The Secretary of the 

9 Interior’’; 

10 (B) by striking ‘‘476 acres’’ and inserting 

11 ‘‘646 acres’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(b) The Secretary may acquire from willing sellers 

14 land comprising approximately 55 acres, as depicted on 

15 the map titled ‘Fort Davis Proposed Boundary Expan16 sion’, numbered 418/80,045, and dated April 2008. The 

17 map shall be on file and available for public inspection 

18 in the appropriate offices of the National Park Service. 

19 Upon acquisition of the land, the land shall be incor20 porated into the Fort Davis National Historic Site.’’. 

21 (2) By repealing section 3. 

22 Subtitle C—Special Resource 

23 Studies 

24 SEC. 7201. WALNUT CANYON STUDY. 

25 (a) DEFINITIONS.—In this section: 
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1 (1) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Walnut Canyon Proposed Study Area’’ and 

3 dated July 17, 2007. 

4 (2) SECRETARIES.—The term ‘‘Secretaries’’ 

5 means the Secretary of the Interior and the Sec6 retary of Agriculture, acting jointly. 

7 (3) STUDY AREA.—The term ‘‘study area’’ 

8 means the area identified on the map as the ‘‘Wal9 nut Canyon Proposed Study Area’’. 

10 (b) STUDY.— 

11 (1) IN GENERAL.—The Secretaries shall con12 duct a study of the study area to assess— 

13 (A) the suitability and feasibility of desig14 nating all or part of the study area as an addi15 tion to Walnut Canyon National Monument, in 

16 accordance with section 8(c) of Public Law 91– 

17 383 (16 U.S.C. 1a–5(c)); 

18 (B) continued management of the study 

19 area by the Forest Service; or 

20 (C) any other designation or management 

21 option that would provide for— 

22 (i) protection of resources within the 

23 study area; and 

24 (ii) continued access to, and use of, 

25 the study area by the public. 
569 

•S 22 ES

1 (2) CONSULTATION.—The Secretaries shall pro2 vide for public comment in the preparation of the 

3 study, including consultation with appropriate Fed4 eral, State, and local governmental entities. 

5 (3) REPORT.—Not later than 18 months after 

6 the date on which funds are made available to carry 

7 out this section, the Secretaries shall submit to the 

8 Committee on Energy and Natural Resources of the 

9 Senate and the Committee on Natural Resources of 

10 the House of Representatives a report that de11 scribes— 

12 (A) the results of the study; and 

13 (B) any recommendations of the Secre14 taries. 

15 (4) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated such sums 

17 as are necessary to carry out this section. 

18 SEC. 7202. TULE LAKE SEGREGATION CENTER, CALI19 FORNIA. 

20 (a) STUDY.— 

21 (1) IN GENERAL.—The Secretary of the Inte22 rior (referred to in this section as the ‘‘Secretary’’) 

23 shall conduct a special resource study of the Tule 

24 Lake Segregation Center to determine the national 

25 significance of the site and the suitability and feasi-
570 

•S 22 ES

1 bility of including the site in the National Park Sys2 tem. 

3 (2) STUDY GUIDELINES.—The study shall be 

4 conducted in accordance with the criteria for the 

5 study of areas for potential inclusion in the National 

6 Park System under section 8 of Public Law 91–383 

7 (16 U.S.C. 1a–5). 

8 (3) CONSULTATION.—In conducting the study, 

9 the Secretary shall consult with— 

10 (A) Modoc County; 

11 (B) the State of California; 

12 (C) appropriate Federal agencies; 

13 (D) tribal and local government entities; 

14 (E) private and nonprofit organizations; 

15 and 

16 (F) private landowners. 

17 (4) SCOPE OF STUDY.—The study shall include 

18 an evaluation of— 

19 (A) the significance of the site as a part of 

20 the history of World War II; 

21 (B) the significance of the site as the site 

22 relates to other war relocation centers;. 

23 (C) the historical resources of the site, in24 cluding the stockade, that are intact and in 

25 place; 
571 

•S 22 ES

1 (D) the contributions made by the local ag2 ricultural community to the World War II ef3 fort; and 

4 (E) the potential impact of designation of 

5 the site as a unit of the National Park System 

6 on private landowners. 

7 (b) REPORT.—Not later than 3 years after the date 

8 on which funds are made available to conduct the study 

9 required under this section, the Secretary shall submit to 

10 the Committee on Natural Resources of the House of Rep11 resentatives and the Committee on Energy and Natural 

12 Resources of the Senate a report describing the findings, 

13 conclusions, and recommendations of the study. 

14 SEC. 7203. ESTATE GRANGE, ST. CROIX. 

15 (a) STUDY.— 

16 (1) IN GENERAL.—The Secretary of the Inte17 rior (referred to in this section as the ‘‘Secretary’’), 

18 in consultation with the Governor of the Virgin Is19 lands, shall conduct a special resource study of Es20 tate Grange and other sites and resources associated 

21 with Alexander Hamilton’s life on St. Croix in the 

22 United States Virgin Islands. 

23 (2) CONTENTS.—In conducting the study under 

24 paragraph (1), the Secretary shall evaluate— 
572 

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1 (A) the national significance of the sites 

2 and resources; and 

3 (B) the suitability and feasibility of desig4 nating the sites and resources as a unit of the 

5 National Park System. 

6 (3) CRITERIA.—The criteria for the study of 

7 areas for potential inclusion in the National Park 

8 System contained in section 8 of Public Law 91–383 

9 (16 U.S.C. 1a–5) shall apply to the study under 

10 paragraph (1). 

11 (4) REPORT.—Not later than 3 years after the 

12 date on which funds are first made available for the 

13 study under paragraph (1), the Secretary shall sub14 mit to the Committee on Natural Resources of the 

15 House of Representatives and the Committee on En16 ergy and Natural Resources of the Senate a report 

17 containing— 

18 (A) the results of the study; and 

19 (B) any findings, conclusions, and rec20 ommendations of the Secretary. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as are nec23 essary to carry out this section. 

24 SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE. 

25 (a) STUDY.— 
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•S 22 ES

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

2 the date on which funds are made available to carry 

3 out this section, the Secretary of the Interior (re4 ferred to in this section as the ‘‘Secretary’’) shall 

5 complete a special resource study of the Harriet 

6 Beecher Stowe House in Brunswick, Maine, to 

7 evaluate— 

8 (A) the national significance of the Harriet 

9 Beecher Stowe House and surrounding land; 

10 and 

11 (B) the suitability and feasibility of desig12 nating the Harriet Beecher Stowe House and 

13 surrounding land as a unit of the National 

14 Park System. 

15 (2) STUDY GUIDELINES.—In conducting the 

16 study authorized under paragraph (1), the Secretary 

17 shall use the criteria for the study of areas for po18 tential inclusion in the National Park System con19 tained in section 8(c) of Public Law 91–383 (16 

20 U.S.C. 1a–5(c)). 

21 (b) REPORT.—On completion of the study required 

22 under subsection (a), the Secretary shall submit to the 

23 Committee on Energy and Natural Resources of the Sen24 ate and the Committee on Natural Resources of the House 
574 

•S 22 ES

1 of Representatives a report containing the findings, con2 clusions, and recommendations of the study. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as are nec5 essary to carry out this section. 

6 SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIR7 GINIA. 

8 (a) SPECIAL RESOURCES STUDY.—The Secretary of 

9 the Interior (referred to in this section as the ‘‘Secretary’’) 

10 shall conduct a special resource study relating to the Bat11 tle of Shepherdstown in Shepherdstown, West Virginia, to 

12 evaluate— 

13 (1) the national significance of the 

14 Shepherdstown battlefield and sites relating to the 

15 Shepherdstown battlefield; and 

16 (2) the suitability and feasibility of adding the 

17 Shepherdstown battlefield and sites relating to the 

18 Shepherdstown battlefield as part of— 

19 (A) Harpers Ferry National Historical 

20 Park; or 

21 (B) Antietam National Battlefield. 

22 (b) CRITERIA.—In conducting the study authorized 

23 under subsection (a), the Secretary shall use the criteria 

24 for the study of areas for potential inclusion in the Na-
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1 tional Park System contained in section 8(c) of Public 

2 Law 91–383 (16 U.S.C. 1a–5(c)). 

3 (c) REPORT.—Not later than 3 years after the date 

4 on which funds are made available to carry out this sec5 tion, the Secretary shall submit to the Committee on En6 ergy and Natural Resources of the Senate and the Com7 mittee on Natural Resources of the House of Representa8 tives a report containing the findings, conclusions, and 

9 recommendations of the study conducted under subsection 

10 (a). 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as are nec13 essary to carry out this section. 

14 SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE. 

15 (a) IN GENERAL.—The Secretary of the Interior (re16 ferred to in this section as the ‘‘Secretary’’) shall conduct 

17 a special resource study of the site of Green McAdoo 

18 School in Clinton, Tennessee, (referred to in this section 

19 as the ‘‘site’’) to evaluate— 

20 (1) the national significance of the site; and 

21 (2) the suitability and feasibility of designating 

22 the site as a unit of the National Park System. 

23 (b) CRITERIA.—In conducting the study under sub24 section (a), the Secretary shall use the criteria for the 

25 study of areas for potential inclusion in the National Park 
576 

•S 22 ES

1 System under section 8(c) of Public Law 91–383 (16 

2 U.S.C. 1a–5(c)). 

3 (c) CONTENTS.—The study authorized by this section 

4 shall— 

5 (1) determine the suitability and feasibility of 

6 designating the site as a unit of the National Park 

7 System; 

8 (2) include cost estimates for any necessary ac9 quisition, development, operation, and maintenance 

10 of the site; and 

11 (3) identify alternatives for the management, 

12 administration, and protection of the site. 

13 (d) REPORT.—Not later than 3 years after the date 

14 on which funds are made available to carry out this sec15 tion, the Secretary shall submit to the Committee on Nat16 ural Resources of the House of Representatives and the 

17 Committee on Energy and Natural Resources of the Sen18 ate a report that describes— 

19 (1) the findings and conclusions of the study; 

20 and 

21 (2) any recommendations of the Secretary. 

22 SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI. 

23 (a) IN GENERAL.—The Secretary of the Interior (re24 ferred to in this section as the ‘‘Secretary’’) shall conduct 

25 a special resource study of the Harry S Truman Birth-
577 

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1 place State Historic Site (referred to in this section as 

2 the ‘‘birthplace site’’) in Lamar, Missouri, to determine— 

3 (1) the suitability and feasibility of— 

4 (A) adding the birthplace site to the Harry 

5 S Truman National Historic Site; or 

6 (B) designating the birthplace site as a 

7 separate unit of the National Park System; and 

8 (2) the methods and means for the protection 

9 and interpretation of the birthplace site by the Na10 tional Park Service, other Federal, State, or local 

11 government entities, or private or nonprofit organi12 zations. 

13 (b) STUDY REQUIREMENTS.—The Secretary shall 

14 conduct the study required under subsection (a) in accord15 ance with section 8(c) of Public Law 91–383 (16 U.S.C. 

16 1a–5(c)). 

17 (c) REPORT.—Not later than 3 years after the date 

18 on which funds are made available to carry out this sec19 tion, the Secretary shall submit to the Committee on Nat20 ural Resources of the House of Representatives and the 

21 Committee on Energy and Natural Resources of the Sen22 ate a report containing— 

23 (1) the results of the study conducted under 

24 subsection (a); and 
578 

•S 22 ES

1 (2) any recommendations of the Secretary with 

2 respect to the birthplace site. 

3 SEC. 7208. BATTLE OF MATEWAN SPECIAL RESOURCE 

4 STUDY. 

5 (a) IN GENERAL.—The Secretary of the Interior (re6 ferred to in this section as the ‘‘Secretary’’) shall conduct 

7 a special resource study of the sites and resources at 

8 Matewan, West Virginia, associated with the Battle of 

9 Matewan (also known as the ‘‘Matewan Massacre’’) of 

10 May 19, 1920, to determine— 

11 (1) the suitability and feasibility of designating 

12 certain historic areas of Matewan, West Virginia, as 

13 a unit of the National Park System; and 

14 (2) the methods and means for the protection 

15 and interpretation of the historic areas by the Na16 tional Park Service, other Federal, State, or local 

17 government entities, or private or nonprofit organi18 zations. 

19 (b) STUDY REQUIREMENTS.—The Secretary shall 

20 conduct the study required under subsection (a) in accord21 ance with section 8(c) of Public Law 91–383 (16 U.S.C. 

22 1a–5(c)). 

23 (c) REPORT.—Not later than 3 years after the date 

24 on which funds are made available to carry out this sec25 tion, the Secretary shall submit to the Committee on Nat-
579 

•S 22 ES

1 ural Resources of the House of Representatives and the 

2 Committee on Energy and Natural Resources of the Sen3 ate a report containing— 

4 (1) the results of the study conducted under 

5 subsection (a); and 

6 (2) any recommendations of the Secretary with 

7 respect to the historic areas. 

8 SEC. 7209. BUTTERFIELD OVERLAND TRAIL. 

9 (a) IN GENERAL.—The Secretary of the Interior (re10 ferred to in this section as the ‘‘Secretary’’) shall conduct 

11 a special resource study along the route known as the ‘‘Ox12 Bow Route’’ of the Butterfield Overland Trail (referred 

13 to in this section as the ‘‘route’’) in the States of Missouri, 

14 Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Ari15 zona, and California to evaluate— 

16 (1) a range of alternatives for protecting and 

17 interpreting the resources of the route, including al18 ternatives for potential addition of the Trail to the 

19 National Trails System; and 

20 (2) the methods and means for the protection 

21 and interpretation of the route by the National Park 

22 Service, other Federal, State, or local government 

23 entities, or private or nonprofit organizations. 

24 (b) STUDY REQUIREMENTS.—The Secretary shall 

25 conduct the study required under subsection (a) in accord-
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1 ance with section 8(c) of Public Law 91–383 (16 U.S.C. 

2 1a–5(c)) or section 5(b) of the National Trails System Act 

3 (16 U.S.C. 1244(b)), as appropriate. 

4 (c) REPORT.—Not later than 3 years after the date 

5 on which funds are made available to carry out this sec6 tion, the Secretary shall submit to the Committee on Nat7 ural Resources of the House of Representatives and the 

8 Committee on Energy and Natural Resources of the Sen9 ate a report containing— 

10 (1) the results of the study conducted under 

11 subsection (a); and 

12 (2) any recommendations of the Secretary with 

13 respect to the route. 

14 SEC. 7210. COLD WAR SITES THEME STUDY. 

15 (a) DEFINITIONS.— 

16 (1) ADVISORY COMMITTEE.—The term ‘‘Advi17 sory Committee’’ means the Cold War Advisory 

18 Committee established under subsection (c). 

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

20 the Secretary of the Interior. 

21 (3) THEME STUDY.—The term ‘‘theme study’’ 

22 means the national historic landmark theme study 

23 conducted under subsection (b)(1). 

24 (b) COLD WAR THEME STUDY.— 
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1 (1) IN GENERAL.—The Secretary shall conduct 

2 a national historic landmark theme study to identify 

3 sites and resources in the United States that are sig4 nificant to the Cold War. 

5 (2) RESOURCES.—In conducting the theme 

6 study, the Secretary shall consider— 

7 (A) the inventory of sites and resources as8 sociated with the Cold War completed by the 

9 Secretary of Defense under section 8120(b)(9) 

10 of the Department of Defense Appropriations 

11 Act, 1991 (Public Law 101–511; 104 Stat. 

12 1906); and 

13 (B) historical studies and research of Cold 

14 War sites and resources, including— 

15 (i) intercontinental ballistic missiles; 

16 (ii) flight training centers; 

17 (iii) manufacturing facilities; 

18 (iv) communications and command 

19 centers (such as Cheyenne Mountain, Colo20 rado); 

21 (v) defensive radar networks (such as 

22 the Distant Early Warning Line); 

23 (vi) nuclear weapons test sites (such 

24 as the Nevada test site); and 

25 (vii) strategic and tactical aircraft. 
582 

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1 (3) CONTENTS.—The theme study shall in2 clude— 

3 (A) recommendations for commemorating 

4 and interpreting sites and resources identified 

5 by the theme study, including— 

6 (i) sites for which studies for potential 

7 inclusion in the National Park System 

8 should be authorized; 

9 (ii) sites for which new national his10 toric landmarks should be nominated; and 

11 (iii) other appropriate designations; 

12 (B) recommendations for cooperative 

13 agreements with— 

14 (i) State and local governments; 

15 (ii) local historical organizations; and 

16 (iii) other appropriate entities; and 

17 (C) an estimate of the amount required to 

18 carry out the recommendations under subpara19 graphs (A) and (B). 

20 (4) CONSULTATION.—In conducting the theme 

21 study, the Secretary shall consult with— 

22 (A) the Secretary of the Air Force; 

23 (B) State and local officials; 

24 (C) State historic preservation offices; and 
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1 (D) other interested organizations and in2 dividuals. 

3 (5) REPORT.—Not later than 3 years after the 

4 date on which funds are made available to carry out 

5 this section, the Secretary shall submit to the Com6 mittee on Natural Resources of the House of Rep7 resentatives and the Committee on Energy and Nat8 ural Resources of the Senate a report that describes 

9 the findings, conclusions, and recommendations of 

10 the theme study. 

11 (c) COLD WAR ADVISORY COMMITTEE.— 

12 (1) ESTABLISHMENT.—As soon as practicable 

13 after funds are made available to carry out this sec14 tion, the Secretary shall establish an advisory com15 mittee, to be known as the ‘‘Cold War Advisory 

16 Committee’’, to assist the Secretary in carrying out 

17 this section. 

18 (2) COMPOSITION.—The Advisory Committee 

19 shall be composed of 9 members, to be appointed by 

20 the Secretary, of whom— 

21 (A) 3 shall have expertise in Cold War his22 tory; 

23 (B) 2 shall have expertise in historic pres24 ervation; 
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1 (C) 1 shall have expertise in the history of 

2 the United States; and 

3 (D) 3 shall represent the general public. 

4 (3) CHAIRPERSON.—The Advisory Committee 

5 shall select a chairperson from among the members 

6 of the Advisory Committee. 

7 (4) COMPENSATION.—A member of the Advi8 sory Committee shall serve without compensation 

9 but may be reimbursed by the Secretary for ex10 penses reasonably incurred in the performance of the 

11 duties of the Advisory Committee. 

12 (5) MEETINGS.—On at least 3 occasions, the 

13 Secretary (or a designee) shall meet and consult 

14 with the Advisory Committee on matters relating to 

15 the theme study. 

16 (d) INTERPRETIVE HANDBOOK ON THE COLD

17 WAR.—Not later than 4 years after the date on which 

18 funds are made available to carry out this section, the Sec19 retary shall— 

20 (1) prepare and publish an interpretive hand21 book on the Cold War; and 

22 (2) disseminate information in the theme study 

23 by other appropriate means. 
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $500,000. 

4 SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA. 

5 (a) IN GENERAL.—The Secretary shall complete a 

6 special resource study of the site of the Battle of Camden 

7 fought in South Carolina on August 16, 1780, and the 

8 site of Historic Camden, which is a National Park System 

9 Affiliated Area, to determine— 

10 (1) the suitability and feasibility of designating 

11 the sites as a unit or units of the National Park 

12 System; and 

13 (2) the methods and means for the protection 

14 and interpretation of these sites by the National 

15 Park Service, other Federal, State, or local govern16 ment entities or private or non-profit organizations. 

17 (b) STUDY REQUIREMENTS.—The Secretary shall 

18 conduct the study in accordance with section 8(c) of Pub19 lic Law 91–383 (16 U.S.C. 1a–5(c)). 

20 (c) REPORT.—Not later than 3 years after the date 

21 on which funds are made available to carry out this sec22 tion, the Secretary shall submit to the Committee on Nat23 ural Resources of the House of Representatives and the 

24 Committee on Energy and Natural Resources of the Sen25 ate a report containing— 
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1 (1) the results of the study; and 

2 (2) any recommendations of the Secretary. 

3 SEC. 7212. FORT SAN GERO ́ NIMO, PUERTO RICO. 

4 (a) DEFINITIONS.—In this section: 

5 (1) FORT SAN GERO ́NIMO.—The term ‘‘Fort 

6 San Gero ́nimo’’ (also known as ‘‘Fortı ́n de San 

7 Gero ́nimo del Boquero ́n’’) means the fort and 

8 grounds listed on the National Register of Historic 

9 Places and located near Old San Juan, Puerto Rico. 

10 (2) RELATED RESOURCES.—The term ‘‘related 

11 resources’’ means other parts of the fortification sys12 tem of old San Juan that are not included within 

13 the boundary of San Juan National Historic Site, 

14 such as sections of the City Wall or other fortifica15 tions. 

16 (b) STUDY.— 

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

18 a special resource study of Fort San Gero ́nimo and 

19 other related resources, to determine— 

20 (A) the suitability and feasibility of includ21 ing Fort San Gero ́nimo and other related re22 sources in the Commonwealth of Puerto Rico as 

23 part of San Juan National Historic Site; and 

24 (B) the methods and means for the protec25 tion and interpretation of Fort San Gero ́nimo 
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1 and other related resources by the National 

2 Park Service, other Federal, State, or local gov3 ernment entities or private or non-profit organi4 zations. 

5 (2) STUDY REQUIREMENTS.—The Secretary 

6 shall conduct the study in accordance with section 

7 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)). 

8 (c) REPORT.—Not later than 3 years after the date 

9 on which funds are made available to carry out this sec10 tion, the Secretary shall submit to the Committee on Nat11 ural Resources of the House of Representatives and the 

12 Committee on Energy and Natural Resources of the Sen13 ate a report containing— 

14 (1) the results of the study; and 

15 (2) any recommendations of the Secretary. 

16 Subtitle D—Program 

17 Authorizations 

18 SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PRO19 GRAM. 

20 (a) PURPOSE.—The purpose of this section is to as21 sist citizens, public and private institutions, and govern22 ments at all levels in planning, interpreting, and pro23 tecting sites where historic battles were fought on Amer24 ican soil during the armed conflicts that shaped the 

25 growth and development of the United States, in order 
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1 that present and future generations may learn and gain 

2 inspiration from the ground where Americans made their 

3 ultimate sacrifice. 

4 (b) PRESERVATION ASSISTANCE.— 

5 (1) IN GENERAL.—Using the established na6 tional historic preservation program to the extent 

7 practicable, the Secretary of the Interior, acting 

8 through the American Battlefield Protection Pro9 gram, shall encourage, support, assist, recognize, 

10 and work in partnership with citizens, Federal, 

11 State, local, and tribal governments, other public en12 tities, educational institutions, and private nonprofit 

13 organizations in identifying, researching, evaluating, 

14 interpreting, and protecting historic battlefields and 

15 associated sites on a National, State, and local level. 

16 (2) FINANCIAL ASSISTANCE.—To carry out 

17 paragraph (1), the Secretary may use a cooperative 

18 agreement, grant, contract, or other generally adopt19 ed means of providing financial assistance. 

20 (3) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated $3,000,000 

22 annually to carry out this subsection, to remain 

23 available until expended. 

24 (c) BATTLEFIELD ACQUISITION GRANT PROGRAM.— 

25 (1) DEFINITIONS.—In this subsection: 
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1 (A) BATTLEFIELD REPORT.—The term 

2 ‘‘Battlefield Report’’ means the document enti3 tled ‘‘Report on the Nation’s Civil War Battle4 fields’’, prepared by the Civil War Sites Advi5 sory Commission, and dated July 1993. 

6 (B) ELIGIBLE ENTITY.—The term ‘‘eligible 

7 entity’’ means a State or local government. 

8 (C) ELIGIBLE SITE.—The term ‘‘eligible 

9 site’’ means a site— 

10 (i) that is not within the exterior 

11 boundaries of a unit of the National Park 

12 System; and 

13 (ii) that is identified in the Battlefield 

14 Report. 

15 (D) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of the Interior, acting 

17 through the American Battlefield Protection 

18 Program. 

19 (2) ESTABLISHMENT.—The Secretary shall es20 tablish a battlefield acquisition grant program under 

21 which the Secretary may provide grants to eligible 

22 entities to pay the Federal share of the cost of ac23 quiring interests in eligible sites for the preservation 

24 and protection of those eligible sites. 
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1 (3) NONPROFIT PARTNERS.—An eligible entity 

2 may acquire an interest in an eligible site using a 

3 grant under this subsection in partnership with a 

4 nonprofit organization. 

5 (4) NON-FEDERAL SHARE.—The non-Federal 

6 share of the total cost of acquiring an interest in an 

7 eligible site under this subsection shall be not less 

8 than 50 percent. 

9 (5) LIMITATION ON LAND USE.—An interest in 

10 an eligible site acquired under this subsection shall 

11 be subject to section 6(f)(3) of the Land and Water 

12 Conservation Fund Act of 1965 (16 U.S.C. 460l– 

13 8(f)(3)). 

14 (6) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to the Sec16 retary to provide grants under this subsection 

17 $10,000,000 for each of fiscal years 2009 through 

18 2013. 

19 SEC. 7302. PRESERVE AMERICA PROGRAM. 

20 (a) PURPOSE.—The purpose of this section is to au21 thorize the Preserve America Program, including— 

22 (1) the Preserve America grant program within 

23 the Department of the Interior; 

24 (2) the recognition programs administered by 

25 the Advisory Council on Historic Preservation; and 
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1 (3) the related efforts of Federal agencies, 

2 working in partnership with State, tribal, and local 

3 governments and the private sector, to support and 

4 promote the preservation of historic resources. 

5 (b) DEFINITIONS.—In this section: 

6 (1) COUNCIL.—The term ‘‘Council’’ means the 

7 Advisory Council on Historic Preservation. 

8 (2) HERITAGE TOURISM.—The term ‘‘heritage 

9 tourism’’ means the conduct of activities to attract 

10 and accommodate visitors to a site or area based on 

11 the unique or special aspects of the history, land12 scape (including trail systems), and culture of the 

13 site or area. 

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

15 the Preserve America Program established under 

16 subsection (c)(1). 

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

18 the Secretary of the Interior. 

19 (c) ESTABLISHMENT.— 

20 (1) IN GENERAL.—There is established in the 

21 Department of the Interior the Preserve America 

22 Program, under which the Secretary, in partnership 

23 with the Council, may provide competitive grants to 

24 States, local governments (including local govern25 ments in the process of applying for designation as 
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1 Preserve America Communities under subsection 

2 (d)), Indian tribes, communities designated as Pre3 serve America Communities under subsection (d), 

4 State historic preservation offices, and tribal historic 

5 preservation offices to support preservation efforts 

6 through heritage tourism, education, and historic 

7 preservation planning activities. 

8 (2) ELIGIBLE PROJECTS.— 

9 (A) IN GENERAL.—The following projects 

10 shall be eligible for a grant under this section: 

11 (i) A project for the conduct of— 

12 (I) research on, and documenta13 tion of, the history of a community; 

14 and 

15 (II) surveys of the historic re16 sources of a community. 

17 (ii) An education and interpretation 

18 project that conveys the history of a com19 munity or site. 

20 (iii) A planning project (other than 

21 building rehabilitation) that advances eco22 nomic development using heritage tourism 

23 and historic preservation. 

24 (iv) A training project that provides 

25 opportunities for professional development 
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1 in areas that would aid a community in 

2 using and promoting its historic resources. 

3 (v) A project to support heritage tour4 ism in a Preserve America Community des5 ignated under subsection (d). 

6 (vi) Other nonconstruction projects 

7 that identify or promote historic properties 

8 or provide for the education of the public 

9 about historic properties that are con10 sistent with the purposes of this section. 

11 (B) LIMITATION.—In providing grants 

12 under this section, the Secretary shall only pro13 vide 1 grant to each eligible project selected for 

14 a grant. 

15 (3) PREFERENCE.—In providing grants under 

16 this section, the Secretary may give preference to 

17 projects that carry out the purposes of both the pro18 gram and the Save America’s Treasures Program. 

19 (4) CONSULTATION AND NOTIFICATION.— 

20 (A) CONSULTATION.—The Secretary shall 

21 consult with the Council in preparing the list of 

22 projects to be provided grants for a fiscal year 

23 under the program. 

24 (B) NOTIFICATION.—Not later than 30 

25 days before the date on which the Secretary 
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1 provides grants for a fiscal year under the pro2 gram, the Secretary shall submit to the Com3 mittee on Energy and Natural Resources of the 

4 Senate, the Committee on Appropriations of the 

5 Senate, the Committee on Natural Resources of 

6 the House of Representatives, and the Com7 mittee on Appropriations of the House of Rep8 resentatives a list of any eligible projects that 

9 are to be provided grants under the program 

10 for the fiscal year. 

11 (5) COST-SHARING REQUIREMENT.— 

12 (A) IN GENERAL.—The non-Federal share 

13 of the cost of carrying out a project provided a 

14 grant under this section shall be not less than 

15 50 percent of the total cost of the project. 

16 (B) FORM OF NON-FEDERAL SHARE.—The 

17 non-Federal share required under subparagraph 

18 (A) shall be in the form of— 

19 (i) cash; or 

20 (ii) donated supplies and related serv21 ices, the value of which shall be determined 

22 by the Secretary. 

23 (C) REQUIREMENT.—The Secretary shall 

24 ensure that each applicant for a grant has the 

25 capacity to secure, and a feasible plan for se-
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1 curing, the non-Federal share for an eligible 

2 project required under subparagraph (A) before 

3 a grant is provided to the eligible project under 

4 the program. 

5 (d) DESIGNATION OF PRESERVE AMERICA COMMU6 NITIES.— 

7 (1) APPLICATION.—To be considered for des8 ignation as a Preserve America Community, a com9 munity, tribal area, or neighborhood shall submit to 

10 the Council an application containing such informa11 tion as the Council may require. 

12 (2) CRITERIA.—To be designated as a Preserve 

13 America Community under the program, a commu14 nity, tribal area, or neighborhood that submits an 

15 application under paragraph (1) shall, as determined 

16 by the Council, in consultation with the Secretary, 

17 meet criteria required by the Council and, in addi18 tion, consider— 

19 (A) protection and celebration of the herit20 age of the community, tribal area, or neighbor21 hood; 

22 (B) use of the historic assets of the com23 munity, tribal area, or neighborhood for eco24 nomic development and community revitaliza25 tion; and 
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1 (C) encouragement of people to experience 

2 and appreciate local historic resources through 

3 education and heritage tourism programs. 

4 (3) LOCAL GOVERNMENTS PREVIOUSLY CER5 TIFIED FOR HISTORIC PRESERVATION ACTIVITIES.— 

6 The Council shall establish an expedited process for 

7 Preserve America Community designation for local 

8 governments previously certified for historic preser9 vation activities under section 101(c)(1) of the Na10 tional Historic Preservation Act (16 U.S.C. 

11 470a(c)(1)). 

12 (4) GUIDELINES.—The Council, in consultation 

13 with the Secretary, shall establish any guidelines 

14 that are necessary to carry out this subsection. 

15 (e) REGULATIONS.—The Secretary shall develop any 

16 guidelines and issue any regulations that the Secretary de17 termines to be necessary to carry out this section. 

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $25,000,000 for each fiscal year, to remain available until 

21 expended. 

22 SEC. 7303. SAVE AMERICA’S TREASURES PROGRAM. 

23 (a) PURPOSE.—The purpose of this section is to au24 thorize within the Department of the Interior the Save 

25 America’s Treasures Program, to be carried out by the 
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1 Director of the National Park Service, in partnership 

2 with— 

3 (1) the National Endowment for the Arts; 

4 (2) the National Endowment for the Human5 ities; 

6 (3) the Institute of Museum and Library Serv7 ices; 

8 (4) the National Trust for Historic Preserva9 tion; 

10 (5) the National Conference of State Historic 

11 Preservation Officers; 

12 (6) the National Association of Tribal Historic 

13 Preservation Officers; and 

14 (7) the President’s Committee on the Arts and 

15 the Humanities. 

16 (b) DEFINITIONS.—In this section: 

17 (1) COLLECTION.—The term ‘‘collection’’ 

18 means a collection of intellectual and cultural arti19 facts, including documents, sculpture, and works of 

20 art. 

21 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti22 ty’’ means a Federal entity, State, local, or tribal 

23 government, educational institution, or nonprofit or24 ganization. 
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1 (3) HISTORIC PROPERTY.—The term ‘‘historic 

2 property’’ has the meaning given the term in section 

3 301 of the National Historic Preservation Act (16 

4 U.S.C. 470w). 

5 (4) NATIONALLY SIGNIFICANT.—The term ‘‘na6 tionally significant’’ means a collection or historic 

7 property that meets the applicable criteria for na8 tional significance, in accordance with regulations 

9 promulgated by the Secretary pursuant to section 

10 101(a)(2) of the National Historic Preservation Act 

11 (16 U.S.C. 470a(a)(2)). 

12 (5) PROGRAM.—The term ‘‘program’’ means 

13 the Save America’s Treasures Program established 

14 under subsection (c)(1). 

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

16 the Secretary of the Interior, acting through the Di17 rector of the National Park Service. 

18 (c) ESTABLISHMENT.— 

19 (1) IN GENERAL.—There is established in the 

20 Department of the Interior the Save America’s 

21 Treasures program, under which the amounts made 

22 available to the Secretary under subsection (e) shall 

23 be used by the Secretary, in consultation with the 

24 organizations described in subsection (a), subject to 

25 paragraph (6)(A)(ii), to provide grants to eligible en-
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1 tities for projects to preserve nationally significant 

2 collections and historic properties. 

3 (2) DETERMINATION OF GRANTS.—Of the 

4 amounts made available for grants under subsection 

5 (e), not less than 50 percent shall be made available 

6 for grants for projects to preserve collections and 

7 historic properties, to be distributed through a com8 petitive grant process administered by the Secretary, 

9 subject to the eligibility criteria established under 

10 paragraph (5). 

11 (3) APPLICATIONS FOR GRANTS.—To be consid12 ered for a competitive grant under the program an 

13 eligible entity shall submit to the Secretary an appli14 cation containing such information as the Secretary 

15 may require. 

16 (4) COLLECTIONS AND HISTORIC PROPERTIES

17 ELIGIBLE FOR COMPETITIVE GRANTS.— 

18 (A) IN GENERAL.—A collection or historic 

19 property shall be provided a competitive grant 

20 under the program only if the Secretary deter21 mines that the collection or historic property 

22 is— 

23 (i) nationally significant; and 

24 (ii) threatened or endangered. 
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1 (B) ELIGIBLE COLLECTIONS.—A deter2 mination by the Secretary regarding the na3 tional significance of collections under subpara4 graph (A)(i) shall be made in consultation with 

5 the organizations described in subsection (a), as 

6 appropriate. 

7 (C) ELIGIBLE HISTORIC PROPERTIES.—To 

8 be eligible for a competitive grant under the 

9 program, a historic property shall, as of the 

10 date of the grant application— 

11 (i) be listed in the National Register 

12 of Historic Places at the national level of 

13 significance; or 

14 (ii) be designated as a National His15 toric Landmark. 

16 (5) SELECTION CRITERIA FOR GRANTS.— 

17 (A) IN GENERAL.—The Secretary shall not 

18 provide a grant under this section to a project 

19 for an eligible collection or historic property un20 less the project— 

21 (i) eliminates or substantially miti22 gates the threat of destruction or deterio23 ration of the eligible collection or historic 

24 property; 

25 (ii) has a clear public benefit; and 
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1 (iii) is able to be completed on sched2 ule and within the budget described in the 

3 grant application. 

4 (B) PREFERENCE.—In providing grants 

5 under this section, the Secretary may give pref6 erence to projects that carry out the purposes 

7 of both the program and the Preserve America 

8 Program. 

9 (C) LIMITATION.—In providing grants 

10 under this section, the Secretary shall only pro11 vide 1 grant to each eligible project selected for 

12 a grant. 

13 (6) CONSULTATION AND NOTIFICATION BY SEC14 RETARY.— 

15 (A) CONSULTATION.— 

16 (i) IN GENERAL.—Subject to clause 

17 (ii), the Secretary shall consult with the or18 ganizations described in subsection (a) in 

19 preparing the list of projects to be pro20 vided grants for a fiscal year by the Sec21 retary under the program. 

22 (ii) LIMITATION.—If an entity de23 scribed in clause (i) has submitted an ap24 plication for a grant under the program, 

25 the entity shall be recused by the Secretary 
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1 from the consultation requirements under 

2 that clause and paragraph (1). 

3 (B) NOTIFICATION.—Not later than 30 

4 days before the date on which the Secretary 

5 provides grants for a fiscal year under the pro6 gram, the Secretary shall submit to the Com7 mittee on Energy and Natural Resources of the 

8 Senate, the Committee on Appropriations of the 

9 Senate, the Committee on Natural Resources of 

10 the House of Representatives, and the Com11 mittee on Appropriations of the House of Rep12 resentatives a list of any eligible projects that 

13 are to be provided grants under the program 

14 for the fiscal year. 

15 (7) COST-SHARING REQUIREMENT.— 

16 (A) IN GENERAL.—The non-Federal share 

17 of the cost of carrying out a project provided a 

18 grant under this section shall be not less than 

19 50 percent of the total cost of the project. 

20 (B) FORM OF NON-FEDERAL SHARE.—The 

21 non-Federal share required under subparagraph 

22 (A) shall be in the form of— 

23 (i) cash; or 
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1 (ii) donated supplies or related serv2 ices, the value of which shall be determined 

3 by the Secretary. 

4 (C) REQUIREMENT.—The Secretary shall 

5 ensure that each applicant for a grant has the 

6 capacity and a feasible plan for securing the 

7 non-Federal share for an eligible project re8 quired under subparagraph (A) before a grant 

9 is provided to the eligible project under the pro10 gram. 

11 (d) REGULATIONS.—The Secretary shall develop any 

12 guidelines and issue any regulations that the Secretary de13 termines to be necessary to carry out this section. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $50,000,000 for each fiscal year, to remain available until 

17 expended. 

18 SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM. 

19 Section 4 of Public Law 106–45 (16 U.S.C. 461 note; 

20 113 Stat. 226) is amended by striking ‘‘2009’’ and insert21 ing ‘‘2019’’. 
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1 SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTI2 TUTE. 

3 The National Cave and Karst Research Institute Act 

4 of 1998 (16 U.S.C. 4310 note; Public Law 105–325) is 

5 amended by striking section 5 and inserting the following: 

6 ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

7 ‘‘There are authorized to be appropriated such sums 

8 as are necessary to carry out this Act.’’. 

9 Subtitle E—Advisory Commissions 

10 SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY 

11 COMMISSION. 

12 Section 505(f)(7) of the National Parks and Recre13 ation Act of 1978 (16 U.S.C. 396d(f)(7)) is amended by 

14 striking ‘‘ten years after the date of enactment of the Na 

15 Hoa Pili O Kaloko-Honokohau Re-establishment Act of 

16 1996’’ and inserting ‘‘on December 31, 2018’’. 

17 SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY 

18 COMMISSION. 

19 Effective September 26, 2008, section 8(a) of Public 

20 Law 87–126 (16 U.S.C. 459b–7(a)) is amended in the sec21 ond sentence by striking ‘‘2008’’ and inserting ‘‘2018’’. 

22 SEC. 7403. NATIONAL PARK SYSTEM ADVISORY BOARD. 

23 Section 3(f) of the Act of August 21, 1935 (16. 

24 U.S.C. 463(f)), is amended in the first sentence by strik25 ing ‘‘2009’’ and inserting ‘‘2010’’. 
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1 SEC. 7404. CONCESSIONS MANAGEMENT ADVISORY BOARD. 

2 Section 409(d) of the National Park Service Conces3 sions Management Improvement Act of 1998 (16 U.S.C. 

4 5958(d)) is amended in the first sentence by striking 

5 ‘‘2008’’ and inserting ‘‘2009’’. 

6 SEC. 7405. ST. AUGUSTINE 450TH COMMEMORATION COM7 MISSION. 

8 (a) DEFINITIONS.—In this section: 

9 (1) COMMEMORATION.—The term ‘‘commemo10 ration’’ means the commemoration of the 450th an11 niversary of the founding of the settlement of St. 

12 Augustine, Florida. 

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

14 means the St. Augustine 450th Commemoration 

15 Commission established by subsection (b)(1). 

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

17 the Governor of the State. 

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

19 the Secretary of the Interior. 

20 (5) STATE.— 

21 (A) IN GENERAL.—The term ‘‘State’’ 

22 means the State of Florida. 

23 (B) INCLUSION.—The term ‘‘State’’ in24 cludes agencies and entities of the State of 

25 Florida. 

26 (b) ESTABLISHMENT.— 
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1 (1) IN GENERAL.—There is established a com2 mission, to be known as the ‘‘St. Augustine 450th 

3 Commemoration Commission’’. 

4 (2) MEMBERSHIP.— 

5 (A) COMPOSITION.—The Commission shall 

6 be composed of 14 members, of whom— 

7 (i) 3 members shall be appointed by 

8 the Secretary, after considering the rec9 ommendations of the St. Augustine City 

10 Commission; 

11 (ii) 3 members shall be appointed by 

12 the Secretary, after considering the rec13 ommendations of the Governor; 

14 (iii) 1 member shall be an employee of 

15 the National Park Service having experi16 ence relevant to the historical resources re17 lating to the city of St. Augustine and the 

18 commemoration, to be appointed by the 

19 Secretary; 

20 (iv) 1 member shall be appointed by 

21 the Secretary, taking into consideration the 

22 recommendations of the Mayor of the city 

23 of St. Augustine; 

24 (v) 1 member shall be appointed by 

25 the Secretary, after considering the rec-
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1 ommendations of the Chancellor of the 

2 University System of Florida; and 

3 (vi) 5 members shall be individuals 

4 who are residents of the State who have an 

5 interest in, support for, and expertise ap6 propriate to the commemoration, to be ap7 pointed by the Secretary, taking into con8 sideration the recommendations of Mem9 bers of Congress. 

10 (B) TIME OF APPOINTMENT.—Each ap11 pointment of an initial member of the Commis12 sion shall be made before the expiration of the 

13 120-day period beginning on the date of enact14 ment of this Act. 

15 (C) TERM; VACANCIES.— 

16 (i) TERM.—A member of the Commis17 sion shall be appointed for the life of the 

18 Commission. 

19 (ii) VACANCIES.— 

20 (I) IN GENERAL.—A vacancy on 

21 the Commission shall be filled in the 

22 same manner in which the original ap23 pointment was made. 

24 (II) PARTIAL TERM.—A member 

25 appointed to fill a vacancy on the 
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1 Commission shall serve for the re2 mainder of the term for which the 

3 predecessor of the member was ap4 pointed. 

5 (iii) CONTINUATION OF MEMBER6 SHIP.—If a member of the Commission 

7 was appointed to the Commission as 

8 Mayor of the city of St. Augustine or as an 

9 employee of the National Park Service or 

10 the State University System of Florida, 

11 and ceases to hold such position, that 

12 member may continue to serve on the 

13 Commission for not longer than the 30-day 

14 period beginning on the date on which that 

15 member ceases to hold the position. 

16 (3) DUTIES.—The Commission shall— 

17 (A) plan, develop, and carry out programs 

18 and activities appropriate for the commemora19 tion; 

20 (B) facilitate activities relating to the com21 memoration throughout the United States; 

22 (C) encourage civic, patriotic, historical, 

23 educational, artistic, religious, economic, and 

24 other organizations throughout the United 

25 States to organize and participate in anniver-
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1 sary activities to expand understanding and ap2 preciation of the significance of the founding 

3 and continuing history of St. Augustine; 

4 (D) provide technical assistance to States, 

5 localities, and nonprofit organizations to further 

6 the commemoration; 

7 (E) coordinate and facilitate for the public 

8 scholarly research on, publication about, and in9 terpretation of, St. Augustine; 

10 (F) ensure that the commemoration pro11 vides a lasting legacy and long-term public ben12 efit by assisting in the development of appro13 priate programs; and 

14 (G) help ensure that the observances of the 

15 foundation of St. Augustine are inclusive and 

16 appropriately recognize the experiences and her17 itage of all individuals present when St. Augus18 tine was founded. 

19 (c) COMMISSION MEETINGS.— 

20 (1) INITIAL MEETING.—Not later than 30 days 

21 after the date on which all members of the Commis22 sion have been appointed, the Commission shall hold 

23 the initial meeting of the Commission. 

24 (2) MEETINGS.—The Commission shall meet— 

25 (A) at least 3 times each year; or 
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1 (B) at the call of the Chairperson or the 

2 majority of the members of the Commission. 

3 (3) QUORUM.—A majority of the voting mem4 bers shall constitute a quorum, but a lesser number 

5 may hold meetings. 

6 (4) CHAIRPERSON AND VICE CHAIRPERSON.— 

7 (A) ELECTION.—The Commission shall 

8 elect the Chairperson and the Vice Chairperson 

9 of the Commission on an annual basis. 

10 (B) ABSENCE OF THE CHAIRPERSON.— 

11 The Vice Chairperson shall serve as the Chair12 person in the absence of the Chairperson. 

13 (5) VOTING.—The Commission shall act only 

14 on an affirmative vote of a majority of the members 

15 of the Commission. 

16 (d) COMMISSION POWERS.— 

17 (1) GIFTS.—The Commission may solicit, ac18 cept, use, and dispose of gifts, bequests, or devises 

19 of money or other property for aiding or facilitating 

20 the work of the Commission. 

21 (2) APPOINTMENT OF ADVISORY COMMIT22 TEES.—The Commission may appoint such advisory 

23 committees as the Commission determines to be nec24 essary to carry out this section. 
611 

•S 22 ES

1 (3) AUTHORIZATION OF ACTION.—The Commis2 sion may authorize any member or employee of the 

3 Commission to take any action that the Commission 

4 is authorized to take under this section. 

5 (4) PROCUREMENT.— 

6 (A) IN GENERAL.—The Commission may 

7 procure supplies, services, and property, and 

8 make or enter into contracts, leases, or other 

9 legal agreements, to carry out this section (ex10 cept that a contract, lease, or other legal agree11 ment made or entered into by the Commission 

12 shall not extend beyond the date of termination 

13 of the Commission). 

14 (B) LIMITATION.—The Commission may 

15 not purchase real property. 

16 (5) POSTAL SERVICES.—The Commission may 

17 use the United States mails in the same manner and 

18 under the same conditions as other agencies of the 

19 Federal Government. 

20 (6) GRANTS AND TECHNICAL ASSISTANCE.— 

21 The Commission may— 

22 (A) provide grants in amounts not to ex23 ceed $20,000 per grant to communities and 

24 nonprofit organizations for use in developing 

25 programs to assist in the commemoration; 
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•S 22 ES

1 (B) provide grants to research and schol2 arly organizations to research, publish, or dis3 tribute information relating to the early history 

4 of St. Augustine; and 

5 (C) provide technical assistance to States, 

6 localities, and nonprofit organizations to further 

7 the commemoration. 

8 (e) COMMISSION PERSONNEL MATTERS.— 

9 (1) COMPENSATION OF MEMBERS.— 

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

11 paragraph (2), a member of the Commission 

12 shall serve without compensation. 

13 (B) FEDERAL EMPLOYEES.—A member of 

14 the Commission who is an officer or employee 

15 of the Federal Government shall serve without 

16 compensation other than the compensation re17 ceived for the services of the member as an offi18 cer or employee of the Federal Government. 

19 (2) TRAVEL EXPENSES.—A member of the 

20 Commission shall be allowed travel expenses, includ21 ing per diem in lieu of subsistence, at rates author22 ized for an employee of an agency under subchapter 

23 I of chapter 57 of title 5, United States Code, while 

24 away from the home or regular place of business of 
613 

•S 22 ES

1 the member in the performance of the duties of the 

2 Commission. 

3 (3) DIRECTOR AND STAFF.— 

4 (A) IN GENERAL.—The Chairperson of the 

5 Commission may, without regard to the civil 

6 service laws (including regulations), nominate 

7 an executive director to enable the Commission 

8 to perform the duties of the Commission. 

9 (B) CONFIRMATION OF EXECUTIVE DIREC10 TOR.—The employment of an executive director 

11 shall be subject to confirmation by the Commis12 sion. 

13 (4) COMPENSATION.— 

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

15 subparagraph (B), the Commission may fix the 

16 compensation of the executive director and 

17 other personnel without regard to the provisions 

18 of chapter 51 and subchapter III of chapter 53 

19 of title 5, United States Code, relating to classi20 fication of positions and General Schedule pay 

21 rates. 

22 (B) MAXIMUM RATE OF PAY.—The rate of 

23 pay for the executive director and other per24 sonnel shall not exceed the rate payable for 
614 

•S 22 ES

1 level V of the Executive Schedule under section 

2 5316 of title 5, United States Code. 

3 (5) DETAIL OF GOVERNMENT EMPLOYEES.— 

4 (A) FEDERAL EMPLOYEES.— 

5 (i) DETAIL.—At the request of the 

6 Commission, the head of any Federal agen7 cy may detail, on a reimbursable or nonre8 imbursable basis, any of the personnel of 

9 the agency to the Commission to assist the 

10 Commission in carrying out the duties of 

11 the Commission under this section. 

12 (ii) CIVIL SERVICE STATUS.—The de13 tail of an employee under clause (i) shall 

14 be without interruption or loss of civil serv15 ice status or privilege. 

16 (B) STATE EMPLOYEES.—The Commission 

17 may— 

18 (i) accept the services of personnel de19 tailed from the State; and 

20 (ii) reimburse the State for services of 

21 detailed personnel. 

22 (6) PROCUREMENT OF TEMPORARY AND INTER23 MITTENT SERVICES.—The Chairperson of the Com24 mission may procure temporary and intermittent 

25 services in accordance with section 3109(b) of title 
615 

•S 22 ES

1 5, United States Code, at rates for individuals that 

2 do not exceed the daily equivalent of the annual rate 

3 of basic pay prescribed for level V of the Executive 

4 Schedule under section 5316 of such title. 

5 (7) VOLUNTEER AND UNCOMPENSATED SERV6 ICES.—Notwithstanding section 1342 of title 31, 

7 United States Code, the Commission may accept and 

8 use such voluntary and uncompensated services as 

9 the Commission determines to be necessary. 

10 (8) SUPPORT SERVICES.— 

11 (A) IN GENERAL.—The Secretary shall 

12 provide to the Commission, on a reimbursable 

13 basis, such administrative support services as 

14 the Commission may request. 

15 (B) REIMBURSEMENT.—Any reimburse16 ment under this paragraph shall be credited to 

17 the appropriation, fund, or account used for 

18 paying the amounts reimbursed. 

19 (9) FACA NONAPPLICABILITY.—Section 14(b) 

20 of the Federal Advisory Committee Act (5 U.S.C. 

21 App.) shall not apply to the Commission. 

22 (10) NO EFFECT ON AUTHORITY.—Nothing in 

23 this subsection supersedes the authority of the State, 

24 the National Park Service, the city of St. Augustine, 
616 

•S 22 ES

1 or any designee of those entities, with respect to the 

2 commemoration. 

3 (f) PLANS; REPORTS.— 

4 (1) STRATEGIC PLAN.—The Commission shall 

5 prepare a strategic plan for the activities of the 

6 Commission carried out under this section. 

7 (2) FINAL REPORT.—Not later than September 

8 30, 2015, the Commission shall complete and submit 

9 to Congress a final report that contains— 

10 (A) a summary of the activities of the 

11 Commission; 

12 (B) a final accounting of funds received 

13 and expended by the Commission; and 

14 (C) the findings and recommendations of 

15 the Commission. 

16 (g) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—There is authorized to be 

18 appropriated to the Commission to carry out this 

19 section $500,000 for each of fiscal years 2009 

20 through 2015. 

21 (2) AVAILABILITY.—Amounts made available 

22 under paragraph (1) shall remain available until De23 cember 31, 2015. 

24 (h) TERMINATION OF COMMISSION.— 
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•S 22 ES

1 (1) DATE OF TERMINATION.—The Commission 

2 shall terminate on December 31, 2015. 

3 (2) TRANSFER OF DOCUMENTS AND MATE4 RIALS.—Before the date of termination specified in 

5 paragraph (1), the Commission shall transfer all 

6 documents and materials of the Commission to the 

7 National Archives or another appropriate Federal 

8 entity. 

9 TITLE VIII—NATIONAL 

10 HERITAGE AREAS 

11 Subtitle A—Designation of 

12 National Heritage Areas 

13 SEC. 8001. SANGRE DE CRISTO NATIONAL HERITAGE AREA, 

14 COLORADO. 

15 (a) DEFINITIONS.—In this section: 

16 (1) HERITAGE AREA.—The term ‘‘Heritage 

17 Area’’ means the Sangre de Cristo National Herit18 age Area established by subsection (b)(1). 

19 (2) MANAGEMENT ENTITY.—The term ‘‘man20 agement entity’’ means the management entity for 

21 the Heritage Area designated by subsection (b)(4). 

22 (3) MANAGEMENT PLAN.—The term ‘‘manage23 ment plan’’ means the management plan for the 

24 Heritage Area required under subsection (d). 
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•S 22 ES

1 (4) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Proposed Sangre De Cristo National Herit3 age Area’’ and dated November 2005. 

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

5 the Secretary of the Interior. 

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

7 of Colorado. 

8 (b) SANGRE DE CRISTO NATIONAL HERITAGE

9 AREA.— 

10 (1) ESTABLISHMENT.—There is established in 

11 the State the Sangre de Cristo National Heritage 

12 Area. 

13 (2) BOUNDARIES.—The Heritage Area shall 

14 consist of— 

15 (A) the counties of Alamosa, Conejos, and 

16 Costilla; and 

17 (B) the Monte Vista National Wildlife Ref18 uge, the Baca National Wildlife Refuge, the 

19 Great Sand Dunes National Park and Preserve, 

20 and other areas included in the map. 

21 (3) MAP.—A map of the Heritage Area shall 

22 be— 

23 (A) included in the management plan; and 
619 

•S 22 ES

1 (B) on file and available for public inspec2 tion in the appropriate offices of the National 

3 Park Service. 

4 (4) MANAGEMENT ENTITY.— 

5 (A) IN GENERAL.—The management entity 

6 for the Heritage Area shall be the Sangre de 

7 Cristo National Heritage Area Board of Direc8 tors. 

9 (B) MEMBERSHIP REQUIREMENTS.—Mem10 bers of the Board shall include representatives 

11 from a broad cross-section of the individuals, 

12 agencies, organizations, and governments that 

13 were involved in the planning and development 

14 of the Heritage Area before the date of enact15 ment of this Act. 

16 (c) ADMINISTRATION.— 

17 (1) AUTHORITIES.—For purposes of carrying 

18 out the management plan, the Secretary, acting 

19 through the management entity, may use amounts 

20 made available under this section to— 

21 (A) make grants to the State or a political 

22 subdivision of the State, nonprofit organiza23 tions, and other persons; 

24 (B) enter into cooperative agreements 

25 with, or provide technical assistance to, the 
620 

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1 State or a political subdivision of the State, 

2 nonprofit organizations, and other interested 

3 parties; 

4 (C) hire and compensate staff, which shall 

5 include individuals with expertise in natural, 

6 cultural, and historical resources protection, 

7 and heritage programming; 

8 (D) obtain money or services from any 

9 source including any that are provided under 

10 any other Federal law or program; 

11 (E) contract for goods or services; and 

12 (F) undertake to be a catalyst for any 

13 other activity that furthers the Heritage Area 

14 and is consistent with the approved manage15 ment plan. 

16 (2) DUTIES.—The management entity shall— 

17 (A) in accordance with subsection (d), pre18 pare and submit a management plan for the 

19 Heritage Area to the Secretary; 

20 (B) assist units of local government, re21 gional planning organizations, and nonprofit or22 ganizations in carrying out the approved man23 agement plan by— 

24 (i) carrying out programs and projects 

25 that recognize, protect, and enhance im-
621 

•S 22 ES

1 portant resource values in the Heritage 

2 Area; 

3 (ii) establishing and maintaining in4 terpretive exhibits and programs in the 

5 Heritage Area; 

6 (iii) developing recreational and edu7 cational opportunities in the Heritage 

8 Area; 

9 (iv) increasing public awareness of, 

10 and appreciation for, natural, historical, 

11 scenic, and cultural resources of the Herit12 age Area; 

13 (v) protecting and restoring historic 

14 sites and buildings in the Heritage Area 

15 that are consistent with Heritage Area 

16 themes; 

17 (vi) ensuring that clear, consistent, 

18 and appropriate signs identifying points of 

19 public access, and sites of interest are 

20 posted throughout the Heritage Area; and 

21 (vii) promoting a wide range of part22 nerships among governments, organiza23 tions, and individuals to further the Herit24 age Area; 
622 

•S 22 ES

1 (C) consider the interests of diverse units 

2 of government, businesses, organizations, and 

3 individuals in the Heritage Area in the prepara4 tion and implementation of the management 

5 plan; 

6 (D) conduct meetings open to the public at 

7 least semiannually regarding the development 

8 and implementation of the management plan; 

9 (E) for any year that Federal funds have 

10 been received under this section— 

11 (i) submit an annual report to the 

12 Secretary that describes the activities, ex13 penses, and income of the management en14 tity (including grants to any other entities 

15 during the year that the report is made); 

16 (ii) make available to the Secretary 

17 for audit all records relating to the expend18 iture of the funds and any matching funds; 

19 (iii) require, with respect to all agree20 ments authorizing expenditure of Federal 

21 funds by other organizations, that the or22 ganizations receiving the funds make avail23 able to the Secretary for audit all records 

24 concerning the expenditure of the funds; 

25 and 
623 

•S 22 ES

1 (F) encourage by appropriate means eco2 nomic viability that is consistent with the Herit3 age Area. 

4 (3) PROHIBITION ON THE ACQUISITION OF

5 REAL PROPERTY.—The management entity shall not 

6 use Federal funds made available under this section 

7 to acquire real property or any interest in real prop8 erty. 

9 (4) COST-SHARING REQUIREMENT.—The Fed10 eral share of the cost of any activity carried out 

11 using any assistance made available under this sec12 tion shall be 50 percent. 

13 (d) MANAGEMENT PLAN.— 

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

15 the date of enactment of this Act, the management 

16 entity shall submit to the Secretary for approval a 

17 proposed management plan for the Heritage Area. 

18 (2) REQUIREMENTS.—The management plan 

19 shall— 

20 (A) incorporate an integrated and coopera21 tive approach for the protection, enhancement, 

22 and interpretation of the natural, cultural, his23 toric, scenic, and recreational resources of the 

24 Heritage Area; 
624 

•S 22 ES

1 (B) take into consideration State and local 

2 plans; 

3 (C) include— 

4 (i) an inventory of— 

5 (I) the resources located in the 

6 core area described in subsection 

7 (b)(2); and 

8 (II) any other property in the 

9 core area that— 

10 (aa) is related to the themes 

11 of the Heritage Area; and 

12 (bb) should be preserved, re13 stored, managed, or maintained 

14 because of the significance of the 

15 property; 

16 (ii) comprehensive policies, strategies 

17 and recommendations for conservation, 

18 funding, management, and development of 

19 the Heritage Area; 

20 (iii) a description of actions that gov21 ernments, private organizations, and indi22 viduals have agreed to take to protect the 

23 natural, historical and cultural resources of 

24 the Heritage Area; 
625 

•S 22 ES

1 (iv) a program of implementation for 

2 the management plan by the management 

3 entity that includes a description of— 

4 (I) actions to facilitate ongoing 

5 collaboration among partners to pro6 mote plans for resource protection, 

7 restoration, and construction; and 

8 (II) specific commitments for im9 plementation that have been made by 

10 the management entity or any govern11 ment, organization, or individual for 

12 the first 5 years of operation; 

13 (v) the identification of sources of 

14 funding for carrying out the management 

15 plan; 

16 (vi) analysis and recommendations for 

17 means by which local, State, and Federal 

18 programs, including the role of the Na19 tional Park Service in the Heritage Area, 

20 may best be coordinated to carry out this 

21 section; and 

22 (vii) an interpretive plan for the Her23 itage Area; and 

24 (D) recommend policies and strategies for 

25 resource management that consider and detail 
626 

•S 22 ES

1 the application of appropriate land and water 

2 management techniques, including the develop3 ment of intergovernmental and interagency co4 operative agreements to protect the natural, 

5 historical, cultural, educational, scenic, and rec6 reational resources of the Heritage Area. 

7 (3) DEADLINE.—If a proposed management 

8 plan is not submitted to the Secretary by the date 

9 that is 3 years after the date of enactment of this 

10 Act, the management entity shall be ineligible to re11 ceive additional funding under this section until the 

12 date that the Secretary receives and approves the 

13 management plan. 

14 (4) APPROVAL OR DISAPPROVAL OF MANAGE15 MENT PLAN.— 

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

17 days after the date of receipt of the manage18 ment plan under paragraph (1), the Secretary, 

19 in consultation with the State, shall approve or 

20 disapprove the management plan. 

21 (B) CRITERIA FOR APPROVAL.—In deter22 mining whether to approve the management 

23 plan, the Secretary shall consider whether— 

24 (i) the management entity is rep25 resentative of the diverse interests of the 
627 

•S 22 ES

1 Heritage Area, including governments, nat2 ural and historic resource protection orga3 nizations, educational institutions, busi4 nesses, and recreational organizations; 

5 (ii) the management entity has af6 forded adequate opportunity, including 

7 public hearings, for public and govern8 mental involvement in the preparation of 

9 the management plan; and 

10 (iii) the resource protection and inter11 pretation strategies contained in the man12 agement plan, if implemented, would ade13 quately protect the natural, historical, and 

14 cultural resources of the Heritage Area. 

15 (C) ACTION FOLLOWING DISAPPROVAL.—If 

16 the Secretary disapproves the management plan 

17 under subparagraph (A), the Secretary shall— 

18 (i) advise the management entity in 

19 writing of the reasons for the disapproval; 

20 (ii) make recommendations for revi21 sions to the management plan; and 

22 (iii) not later than 180 days after the 

23 receipt of any proposed revision of the 

24 management plan from the management 
628 

•S 22 ES

1 entity, approve or disapprove the proposed 

2 revision. 

3 (D) AMENDMENTS.— 

4 (i) IN GENERAL.—The Secretary shall 

5 approve or disapprove each amendment to 

6 the management plan that the Secretary 

7 determines make a substantial change to 

8 the management plan. 

9 (ii) USE OF FUNDS.—The manage10 ment entity shall not use Federal funds 

11 authorized by this section to carry out any 

12 amendments to the management plan until 

13 the Secretary has approved the amend14 ments. 

15 (e) RELATIONSHIP TO OTHER FEDERAL AGEN16 CIES.— 

17 (1) IN GENERAL.—Nothing in this section af18 fects the authority of a Federal agency to provide 

19 technical or financial assistance under any other law. 

20 (2) CONSULTATION AND COORDINATION.—The 

21 head of any Federal agency planning to conduct ac22 tivities that may have an impact on the Heritage 

23 Area is encouraged to consult and coordinate the ac24 tivities with the Secretary and the management enti25 ty to the maximum extent practicable. 
629 

•S 22 ES

1 (3) OTHER FEDERAL AGENCIES.—Nothing in 

2 this section— 

3 (A) modifies, alters, or amends any law or 

4 regulation authorizing a Federal agency to 

5 manage Federal land under the jurisdiction of 

6 the Federal agency; 

7 (B) limits the discretion of a Federal land 

8 manager to implement an approved land use 

9 plan within the boundaries of the Heritage 

10 Area; or 

11 (C) modifies, alters, or amends any author12 ized use of Federal land under the jurisdiction 

13 of a Federal agency. 

14 (f) PRIVATE PROPERTY AND REGULATORY PROTEC15 TIONS.—Nothing in this section— 

16 (1) abridges the rights of any property owner 

17 (whether public or private), including the right to re18 frain from participating in any plan, project, pro19 gram, or activity conducted within the Heritage 

20 Area; 

21 (2) requires any property owner to permit pub22 lic access (including access by Federal, State, or 

23 local agencies) to the property of the property 

24 owner, or to modify public access or use of property 
630 

•S 22 ES

1 of the property owner under any other Federal, 

2 State, or local law; 

3 (3) alters any duly adopted land use regulation, 

4 approved land use plan, or other regulatory author5 ity of any Federal, State or local agency, or conveys 

6 any land use or other regulatory authority to the 

7 management entity; 

8 (4) authorizes or implies the reservation or ap9 propriation of water or water rights; 

10 (5) diminishes the authority of the State to 

11 manage fish and wildlife, including the regulation of 

12 fishing and hunting within the Heritage Area; or 

13 (6) creates any liability, or affects any liability 

14 under any other law, of any private property owner 

15 with respect to any person injured on the private 

16 property. 

17 (g) EVALUATION; REPORT.— 

18 (1) IN GENERAL.—Not later than 3 years be19 fore the date on which authority for Federal funding 

20 terminates for the Heritage Area, the Secretary 

21 shall— 

22 (A) conduct an evaluation of the accom23 plishments of the Heritage Area; and 

24 (B) prepare a report in accordance with 

25 paragraph (3). 
631 

•S 22 ES

1 (2) EVALUATION.—An evaluation conducted 

2 under paragraph (1)(A) shall— 

3 (A) assess the progress of the management 

4 entity with respect to— 

5 (i) accomplishing the purposes of this 

6 section for the Heritage Area; and 

7 (ii) achieving the goals and objectives 

8 of the approved management plan for the 

9 Heritage Area; 

10 (B) analyze the Federal, State, local, and 

11 private investments in the Heritage Area to de12 termine the leverage and impact of the invest13 ments; and 

14 (C) review the management structure, 

15 partnership relationships, and funding of the 

16 Heritage Area for purposes of identifying the 

17 critical components for sustainability of the 

18 Heritage Area. 

19 (3) REPORT.— 

20 (A) IN GENERAL.—Based on the evalua21 tion conducted under paragraph (1)(A), the 

22 Secretary shall prepare a report that includes 

23 recommendations for the future role of the Na24 tional Park Service, if any, with respect to the 

25 Heritage Area. 
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•S 22 ES

1 (B) REQUIRED ANALYSIS.—If the report 

2 prepared under subparagraph (A) recommends 

3 that Federal funding for the Heritage Area be 

4 reauthorized, the report shall include an anal5 ysis of— 

6 (i) ways in which Federal funding for 

7 the Heritage Area may be reduced or 

8 eliminated; and 

9 (ii) the appropriate time period nec10 essary to achieve the recommended reduc11 tion or elimination. 

12 (C) SUBMISSION TO CONGRESS.—On com13 pletion of the report, the Secretary shall submit 

14 the report to— 

15 (i) the Committee on Energy and 

16 Natural Resources of the Senate; and 

17 (ii) the Committee on Natural Re18 sources of the House of Representatives. 

19 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $10,000,000, of which not more than $1,000,000 may be 

22 made available for any fiscal year. 

23 (i) TERMINATION OF AUTHORITY.—The authority of 

24 the Secretary to provide assistance under this section ter-
633 

•S 22 ES

1 minates on the date that is 15 years after the date of en2 actment of this Act. 

3 SEC. 8002. CACHE LA POUDRE RIVER NATIONAL HERITAGE 

4 AREA, COLORADO. 

5 (a) DEFINITIONS.—In this section: 

6 (1) HERITAGE AREA.—The term ‘‘Heritage 

7 Area’’ means the Cache La Poudre River National 

8 Heritage Area established by subsection (b)(1). 

9 (2) LOCAL COORDINATING ENTITY.—The term 

10 ‘‘local coordinating entity’’ means the Poudre Herit11 age Alliance, the local coordinating entity for the 

12 Heritage Area designated by subsection (b)(4). 

13 (3) MANAGEMENT PLAN.—The term ‘‘manage14 ment plan’’ means the management plan for the 

15 Heritage Area required under subsection (d)(1). 

16 (4) MAP.—The term ‘‘map’’ means the map en17 titled ‘‘Cache La Poudre River National Heritage 

18 Area’’, numbered 960/80,003, and dated April, 

19 2004. 

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

21 the Secretary of the Interior. 

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

23 of Colorado. 

24 (b) CACHE LA POUDRE RIVER NATIONAL HERITAGE

25 AREA.— 
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•S 22 ES

1 (1) ESTABLISHMENT.—There is established in 

2 the State the Cache La Poudre River National Her3 itage Area. 

4 (2) BOUNDARIES.—The Heritage Area shall 

5 consist of the area depicted on the map. 

6 (3) MAP.—The map shall be on file and avail7 able for public inspection in the appropriate offices 

8 of— 

9 (A) the National Park Service; and 

10 (B) the local coordinating entity. 

11 (4) LOCAL COORDINATING ENTITY.—The local 

12 coordinating entity for the Heritage Area shall be 

13 the Poudre Heritage Alliance, a nonprofit organiza14 tion incorporated in the State. 

15 (c) ADMINISTRATION.— 

16 (1) AUTHORITIES.—To carry out the manage17 ment plan, the Secretary, acting through the local 

18 coordinating entity, may use amounts made available 

19 under this section— 

20 (A) to make grants to the State (including 

21 any political subdivision of the State), nonprofit 

22 organizations, and other individuals; 

23 (B) to enter into cooperative agreements 

24 with, or provide technical assistance to, the 

25 State (including any political subdivision of the 
635 

•S 22 ES

1 State), nonprofit organizations, and other inter2 ested parties; 

3 (C) to hire and compensate staff, which 

4 shall include individuals with expertise in nat5 ural, cultural, and historical resource protec6 tion, and heritage programming; 

7 (D) to obtain funds or services from any 

8 source, including funds or services that are pro9 vided under any other Federal law or program; 

10 (E) to enter into contracts for goods or 

11 services; and 

12 (F) to serve as a catalyst for any other ac13 tivity that— 

14 (i) furthers the purposes and goals of 

15 the Heritage Area; and 

16 (ii) is consistent with the approved 

17 management plan. 

18 (2) DUTIES.—The local coordinating entity 

19 shall— 

20 (A) in accordance with subsection (d), pre21 pare and submit to the Secretary a manage22 ment plan for the Heritage Area; 

23 (B) assist units of local government, re24 gional planning organizations, and nonprofit or-
636 

•S 22 ES

1 ganizations in carrying out the approved man2 agement plan by— 

3 (i) carrying out programs and projects 

4 that recognize, protect, and enhance im5 portant resource values located in the Her6 itage Area; 

7 (ii) establishing and maintaining in8 terpretive exhibits and programs in the 

9 Heritage Area; 

10 (iii) developing recreational and edu11 cational opportunities in the Heritage 

12 Area; 

13 (iv) increasing public awareness of, 

14 and appreciation for, the natural, histor15 ical, scenic, and cultural resources of the 

16 Heritage Area; 

17 (v) protecting and restoring historic 

18 sites and buildings in the Heritage Area 

19 that are consistent with Heritage Area 

20 themes; 

21 (vi) ensuring that clear, consistent, 

22 and appropriate signs identifying points of 

23 public access, and sites of interest, are 

24 posted throughout the Heritage Area; and 
637 

•S 22 ES

1 (vii) promoting a wide range of part2 nerships among governments, organiza3 tions, and individuals to further the Herit4 age Area; 

5 (C) consider the interests of diverse units 

6 of government, businesses, organizations, and 

7 individuals in the Heritage Area in the prepara8 tion and implementation of the management 

9 plan; 

10 (D) conduct meetings open to the public at 

11 least semiannually regarding the development 

12 and implementation of the management plan; 

13 (E) for any year for which Federal funds 

14 have been received under this section— 

15 (i) submit an annual report to the 

16 Secretary that describes the activities, ex17 penses, and income of the local coordi18 nating entity (including grants to any 

19 other entities during the year that the re20 port is made); 

21 (ii) make available to the Secretary 

22 for audit all records relating to the expend23 iture of the funds and any matching funds; 

24 and 
638 

•S 22 ES

1 (iii) require, with respect to all agree2 ments authorizing expenditure of Federal 

3 funds by other organizations, that the or4 ganizations receiving the funds make avail5 able to the Secretary for audit all records 

6 concerning the expenditure of the funds; 

7 and 

8 (F) encourage by appropriate means eco9 nomic viability that is consistent with the Herit10 age Area. 

11 (3) PROHIBITION ON THE ACQUISITION OF

12 REAL PROPERTY.—The local coordinating entity 

13 shall not use Federal funds made available under 

14 this section to acquire real property or any interest 

15 in real property. 

16 (d) MANAGEMENT PLAN.— 

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

18 the date of enactment of this Act, the local coordi19 nating entity shall submit to the Secretary for ap20 proval a proposed management plan for the Heritage 

21 Area. 

22 (2) REQUIREMENTS.—The management plan 

23 shall— 

24 (A) incorporate an integrated and coopera25 tive approach for the protection, enhancement, 
639 

•S 22 ES

1 and interpretation of the natural, cultural, his2 toric, scenic, educational, and recreational re3 sources of the Heritage Area; 

4 (B) take into consideration State and local 

5 plans; 

6 (C) include— 

7 (i) an inventory of the resources lo8 cated in the Heritage Area; 

9 (ii) comprehensive policies, strategies, 

10 and recommendations for conservation, 

11 funding, management, and development of 

12 the Heritage Area; 

13 (iii) a description of actions that gov14 ernments, private organizations, and indi15 viduals have agreed to take to protect the 

16 natural, cultural, historic, scenic, edu17 cational, and recreational resources of the 

18 Heritage Area; 

19 (iv) a program of implementation for 

20 the management plan by the local coordi21 nating entity that includes a description 

22 of— 

23 (I) actions to facilitate ongoing 

24 collaboration among partners to pro-
640 

•S 22 ES

1 mote plans for resource protection, 

2 restoration, and construction; and 

3 (II) specific commitments for im4 plementation that have been made by 

5 the local coordinating entity or any 

6 government, organization, or indi7 vidual for the first 5 years of oper8 ation; 

9 (v) the identification of sources of 

10 funding for carrying out the management 

11 plan; 

12 (vi) analysis and recommendations for 

13 means by which local, State, and Federal 

14 programs, including the role of the Na15 tional Park Service in the Heritage Area, 

16 may best be coordinated to carry out this 

17 section; and 

18 (vii) an interpretive plan for the Her19 itage Area; and 

20 (D) recommend policies and strategies for 

21 resource management that consider and detail 

22 the application of appropriate land and water 

23 management techniques, including the develop24 ment of intergovernmental and interagency co25 operative agreements to protect the natural, 
641 

•S 22 ES

1 cultural, historic, scenic, educational, and rec2 reational resources of the Heritage Area. 

3 (3) DEADLINE.—If a proposed management 

4 plan is not submitted to the Secretary by the date 

5 that is 3 years after the date of enactment of this 

6 Act, the local coordinating entity shall be ineligible 

7 to receive additional funding under this section until 

8 the date on which the Secretary approves a manage9 ment plan. 

10 (4) APPROVAL OR DISAPPROVAL OF MANAGE11 MENT PLAN.— 

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

13 days after the date of receipt of the manage14 ment plan under paragraph (1), the Secretary, 

15 in consultation with the State, shall approve or 

16 disapprove the management plan. 

17 (B) CRITERIA FOR APPROVAL.—In deter18 mining whether to approve the management 

19 plan, the Secretary shall consider whether— 

20 (i) the local coordinating entity is rep21 resentative of the diverse interests of the 

22 Heritage Area, including governments, nat23 ural and historic resource protection orga24 nizations, educational institutions, busi25 nesses, and recreational organizations; 
642 

•S 22 ES

1 (ii) the local coordinating entity has 

2 afforded adequate opportunity, including 

3 public hearings, for public and govern4 mental involvement in the preparation of 

5 the management plan; and 

6 (iii) the resource protection and inter7 pretation strategies contained in the man8 agement plan, if implemented, would ade9 quately protect the natural, cultural, his10 toric, scenic, educational, and recreational 

11 resources of the Heritage Area. 

12 (C) ACTION FOLLOWING DISAPPROVAL.—If 

13 the Secretary disapproves the management plan 

14 under subparagraph (A), the Secretary shall— 

15 (i) advise the local coordinating entity 

16 in writing of the reasons for the dis17 approval; 

18 (ii) make recommendations for revi19 sions to the management plan; and 

20 (iii) not later than 180 days after the 

21 date of receipt of any proposed revision of 

22 the management plan from the local co23 ordinating entity, approve or disapprove 

24 the proposed revision. 

25 (5) AMENDMENTS.— 
643 

•S 22 ES

1 (A) IN GENERAL.—The Secretary shall ap2 prove or disapprove each amendment to the 

3 management plan that the Secretary determines 

4 would make a substantial change to the man5 agement plan. 

6 (B) USE OF FUNDS.—The local coordi7 nating entity shall not use Federal funds au8 thorized to be appropriated by this section to 

9 carry out any amendments to the management 

10 plan until the Secretary has approved the 

11 amendments. 

12 (e) RELATIONSHIP TO OTHER FEDERAL AGEN13 CIES.— 

14 (1) IN GENERAL.—Nothing in this section af15 fects the authority of a Federal agency to provide 

16 technical or financial assistance under any other law 

17 (including regulations). 

18 (2) CONSULTATION AND COORDINATION.—To 

19 the maximum extent practicable, the head of any 

20 Federal agency planning to conduct activities that 

21 may have an impact on the Heritage Area is encour22 aged to consult and coordinate the activities with the 

23 Secretary and the local coordinating entity. 

24 (3) OTHER FEDERAL AGENCIES.—Nothing in 

25 this section— 
644 

•S 22 ES

1 (A) modifies, alters, or amends any law 

2 (including any regulation) authorizing a Fed3 eral agency to manage Federal land under the 

4 jurisdiction of the Federal agency; 

5 (B) limits the discretion of a Federal land 

6 manager to implement an approved land use 

7 plan within the boundaries of the Heritage 

8 Area; or 

9 (C) modifies, alters, or amends any author10 ized use of Federal land under the jurisdiction 

11 of a Federal agency. 

12 (f) PRIVATE PROPERTY AND REGULATORY PROTEC13 TIONS.—Nothing in this section— 

14 (1) abridges the rights of any public or private 

15 property owner, including the right to refrain from 

16 participating in any plan, project, program, or activ17 ity conducted within the Heritage Area; 

18 (2) requires any property owner— 

19 (A) to permit public access (including ac20 cess by Federal, State, or local agencies) to the 

21 property of the property owner; or 

22 (B) to modify public access or use of prop23 erty of the property owner under any other 

24 Federal, State, or local law; 
645 

•S 22 ES

1 (3) alters any duly adopted land use regulation, 

2 approved land use plan, or other regulatory author3 ity of any Federal, State, or local agency; 

4 (4) conveys any land use or other regulatory 

5 authority to the local coordinating entity; 

6 (5) authorizes or implies the reservation or ap7 propriation of water or water rights; 

8 (6) diminishes the authority of the State to 

9 manage fish and wildlife, including the regulation of 

10 fishing and hunting within the Heritage Area; or 

11 (7) creates any liability, or affects any liability 

12 under any other law (including regulations), of any 

13 private property owner with respect to any individual 

14 injured on the private property. 

15 (g) EVALUATION; REPORT.— 

16 (1) IN GENERAL.—Not later than 3 years be17 fore the date on which authority for Federal funding 

18 terminates for the Heritage Area, the Secretary 

19 shall— 

20 (A) conduct an evaluation of the accom21 plishments of the Heritage Area; and 

22 (B) prepare a report in accordance with 

23 paragraph (3). 

24 (2) EVALUATION.—An evaluation conducted 

25 under paragraph (1)(A) shall— 
646 

•S 22 ES

1 (A) assess the progress of the local coordi2 nating entity with respect to— 

3 (i) accomplishing the purposes of this 

4 section for the Heritage Area; and 

5 (ii) achieving the goals and objectives 

6 of the approved management plan for the 

7 Heritage Area; 

8 (B) analyze the Federal, State, local, and 

9 private investments in the Heritage Area to de10 termine the leverage and impact of the invest11 ments; and 

12 (C) review the management structure, 

13 partnership relationships, and funding of the 

14 Heritage Area to identify the critical compo15 nents for sustainability of the Heritage Area. 

16 (3) REPORT.— 

17 (A) IN GENERAL.—Based on the evalua18 tion conducted under paragraph (1)(A), the 

19 Secretary shall prepare a report that includes 

20 recommendations for the future role of the Na21 tional Park Service, if any, with respect to the 

22 Heritage Area. 

23 (B) REQUIRED ANALYSIS.—If the report 

24 prepared under subparagraph (A) recommends 

25 that Federal funding for the Heritage Area be 
647 

•S 22 ES

1 reauthorized, the report shall include an anal2 ysis of— 

3 (i) ways in which Federal funding for 

4 the Heritage Area may be reduced or 

5 eliminated; and 

6 (ii) the appropriate time period nec7 essary to achieve the recommended reduc8 tion or elimination. 

9 (C) SUBMISSION TO CONGRESS.—On com10 pletion of the report, the Secretary shall submit 

11 the report to— 

12 (i) the Committee on Energy and 

13 Natural Resources of the Senate; and 

14 (ii) the Committee on Natural Re15 sources of the House of Representatives. 

16 (h) FUNDING.— 

17 (1) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to carry out 

19 this section $10,000,000, of which not more than 

20 $1,000,000 may be made available for any fiscal 

21 year. 

22 (2) COST-SHARING REQUIREMENT.—The Fed23 eral share of the cost of any activity carried out 

24 using any assistance made available under this sec25 tion shall be 50 percent. 
648 

•S 22 ES

1 (i) TERMINATION OF AUTHORITY.—The authority of 

2 the Secretary to provide assistance under this section ter3 minates on the date that is 15 years after the date of en4 actment of this Act. 

5 (j) CONFORMING AMENDMENT.—The Cache La 

6 Poudre River Corridor Act (16 U.S.C. 461 note; Public 

7 Law 104–323) is repealed. 

8 SEC. 8003. SOUTH PARK NATIONAL HERITAGE AREA, COLO9 RADO. 

10 (a) DEFINITIONS.—In this section: 

11 (1) BOARD.—The term ‘‘Board’’ means the 

12 Board of Directors of the South Park National Her13 itage Area, comprised initially of the individuals, 

14 agencies, organizations, and governments that were 

15 involved in the planning and development of the 

16 Heritage Area before the date of enactment of this 

17 Act. 

18 (2) HERITAGE AREA.—The term ‘‘Heritage 

19 Area’’ means the South Park National Heritage 

20 Area established by subsection (b)(1). 

21 (3) MANAGEMENT ENTITY.—The term ‘‘man22 agement entity’’ means the management entity for 

23 the Heritage Area designated by subsection 

24 (b)(4)(A). 
649 

•S 22 ES

1 (4) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan for the 

3 Heritage Area required by subsection (d). 

4 (5) MAP.—The term ‘‘map’’ means the map en5 titled ‘‘South Park National Heritage Area Map 

6 (Proposed)’’, dated January 30, 2006. 

7 (6) PARTNER.—The term ‘‘partner’’ means a 

8 Federal, State, or local governmental entity, organi9 zation, private industry, educational institution, or 

10 individual involved in the conservation, preservation, 

11 interpretation, development or promotion of heritage 

12 sites or resources of the Heritage Area. 

13 (7) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior. 

15 (8) STATE.—The term ‘‘State’’ means the State 

16 of Colorado. 

17 (9) TECHNICAL ASSISTANCE.—The term ‘‘tech18 nical assistance’’ means any guidance, advice, help, 

19 or aid, other than financial assistance, provided by 

20 the Secretary. 

21 (b) SOUTH PARK NATIONAL HERITAGE AREA.— 

22 (1) ESTABLISHMENT.—There is established in 

23 the State the South Park National Heritage Area. 

24 (2) BOUNDARIES.—The Heritage Area shall 

25 consist of the areas included in the map. 
650 

•S 22 ES

1 (3) MAP.—A map of the Heritage Area shall 

2 be— 

3 (A) included in the management plan; and 

4 (B) on file and available for public inspec5 tion in the appropriate offices of the National 

6 Park Service. 

7 (4) MANAGEMENT ENTITY.— 

8 (A) IN GENERAL.—The management entity 

9 for the Heritage Area shall be the Park County 

10 Tourism & Community Development Office, in 

11 conjunction with the South Park National Her12 itage Area Board of Directors. 

13 (B) MEMBERSHIP REQUIREMENTS.—Mem14 bers of the Board shall include representatives 

15 from a broad cross-section of individuals, agen16 cies, organizations, and governments that were 

17 involved in the planning and development of the 

18 Heritage Area before the date of enactment of 

19 this Act. 

20 (c) ADMINISTRATION.— 

21 (1) PROHIBITION ON THE ACQUISITION OF

22 REAL PROPERTY.—The management entity shall not 

23 use Federal funds made available under this section 

24 to acquire real property or any interest in real prop25 erty. 
651 

•S 22 ES

1 (2) AUTHORITIES.—For purposes of carrying 

2 out the management plan, the Secretary, acting 

3 through the management entity, may use amounts 

4 made available under this section to— 

5 (A) make grants to the State or a political 

6 subdivision of the State, nonprofit organiza7 tions, and other persons; 

8 (B) enter into cooperative agreements 

9 with, or provide technical assistance to, the 

10 State or a political subdivision of the State, 

11 nonprofit organizations, and other interested 

12 parties; 

13 (C) hire and compensate staff, which shall 

14 include individuals with expertise in natural, 

15 cultural, and historical resources protection, 

16 fundraising, heritage facility planning and de17 velopment, and heritage tourism programming; 

18 (D) obtain funds or services from any 

19 source, including funds or services that are pro20 vided under any other Federal law or program; 

21 (E) enter into contracts for goods or serv22 ices; and 

23 (F) to facilitate the conduct of other 

24 projects and activities that further the Heritage 
652 

•S 22 ES

1 Area and are consistent with the approved man2 agement plan. 

3 (3) DUTIES.—The management entity shall— 

4 (A) in accordance with subsection (d), pre5 pare and submit a management plan for the 

6 Heritage Area to the Secretary; 

7 (B) assist units of local government, local 

8 property owners and businesses, and nonprofit 

9 organizations in carrying out the approved 

10 management plan by— 

11 (i) carrying out programs and projects 

12 that recognize, protect, enhance, and pro13 mote important resource values in the Her14 itage Area; 

15 (ii) establishing and maintaining in16 terpretive exhibits and programs in the 

17 Heritage Area; 

18 (iii) developing economic, recreational 

19 and educational opportunities in the Herit20 age Area; 

21 (iv) increasing public awareness of, 

22 and appreciation for, historical, cultural, 

23 scenic, recreational, agricultural, and nat24 ural resources of the Heritage Area; 
653 

•S 22 ES

1 (v) protecting and restoring historic 

2 sites and buildings in the Heritage Area 

3 that are consistent with Heritage Area 

4 themes; 

5 (vi) ensuring that clear, consistent, 

6 and appropriate signs identifying points of 

7 public access, and sites of interest are 

8 posted throughout the Heritage Area; 

9 (vii) promoting a wide range of part10 nerships among governments, organiza11 tions, and individuals to further the Herit12 age Area; and 

13 (viii) planning and developing new 

14 heritage attractions, products and services; 

15 (C) consider the interests of diverse units 

16 of government, businesses, organizations, and 

17 individuals in the Heritage Area in the prepara18 tion and implementation of the management 

19 plan; 

20 (D) conduct meetings open to the public at 

21 least semiannually regarding the development 

22 and implementation of the management plan; 

23 (E) for any year for which Federal funds 

24 have been received under this section— 
654 

•S 22 ES

1 (i) submit to the Secretary an annual 

2 report that describes the activities, ex3 penses, and income of the management en4 tity (including grants to any other entities 

5 during the year that the report is made); 

6 (ii) make available to the Secretary 

7 for audit all records relating to the expend8 iture of the Federal funds and any match9 ing funds; and 

10 (iii) require, with respect to all agree11 ments authorizing expenditure of Federal 

12 funds by other organizations, that the or13 ganizations receiving the funds make avail14 able to the Secretary for audit all records 

15 concerning the expenditure of the funds; 

16 and 

17 (F) encourage by appropriate means eco18 nomic viability that is consistent with the Herit19 age Area. 

20 (4) COST-SHARING REQUIREMENT.—The Fed21 eral share of the cost of any activity carried out 

22 using any assistance made available under this sec23 tion shall be 50 percent. 

24 (d) MANAGEMENT PLAN.— 
655 

•S 22 ES

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

2 the date of enactment of this Act, the management 

3 entity, with public participation, shall submit to the 

4 Secretary for approval a proposed management plan 

5 for the Heritage Area. 

6 (2) REQUIREMENTS.—The management plan 

7 shall— 

8 (A) incorporate an integrated and coopera9 tive approach for the protection, enhancement, 

10 interpretation, development, and promotion of 

11 the historical, cultural, scenic, recreational, ag12 ricultural, and natural resources of the Herit13 age Area; 

14 (B) take into consideration State and local 

15 plans; 

16 (C) include— 

17 (i) an inventory of— 

18 (I) the resources located within 

19 the areas included in the map; and 

20 (II) any other eligible and par21 ticipating property within the areas 

22 included in the map that— 

23 (aa) is related to the themes 

24 of the Heritage Area; and 
656 

•S 22 ES

1 (bb) should be preserved, re2 stored, managed, maintained, de3 veloped, or promoted because of 

4 the significance of the property; 

5 (ii) comprehensive policies, strategies, 

6 and recommendations for conservation, 

7 funding, management, development, and 

8 promotion of the Heritage Area; 

9 (iii) a description of actions that gov10 ernments, private organizations, and indi11 viduals have agreed to take to manage pro12 tect the historical, cultural, scenic, rec13 reational, agricultural, and natural re14 sources of the Heritage Area; 

15 (iv) a program of implementation for 

16 the management plan by the management 

17 entity that includes a description of— 

18 (I) actions to facilitate ongoing 

19 and effective collaboration among 

20 partners to promote plans for resource 

21 protection, enhancement, interpreta22 tion, restoration, and construction; 

23 and 

24 (II) specific commitments for im25 plementation that have been made by 
657 

•S 22 ES

1 the management entity or any govern2 ment, organization, or individual for 

3 the first 5 years of operation; 

4 (v) the identification of sources of 

5 funding for carrying out the management 

6 plan; 

7 (vi) an analysis of and recommenda8 tions for means by which Federal, State, 

9 and local programs, including the role of 

10 the National Park Service in the Heritage 

11 Area, may best be coordinated to carry out 

12 this section; and 

13 (vii) an interpretive plan for the Her14 itage Area; and 

15 (D) recommend policies and strategies for 

16 resource management that consider and detail 

17 the application of appropriate land and water 

18 management techniques, including the develop19 ment of intergovernmental and interagency co20 operative agreements to protect the historical, 

21 cultural, scenic, recreational, agricultural, and 

22 natural resources of the Heritage Area. 

23 (3) DEADLINE.—If a proposed management 

24 plan is not submitted to the Secretary by the date 

25 that is 3 years after the date of enactment of this 
658 

•S 22 ES

1 Act, the management entity shall be ineligible to re2 ceive additional funding under this section until the 

3 date on which the Secretary receives and approves 

4 the management plan. 

5 (4) APPROVAL OR DISAPPROVAL OF MANAGE6 MENT PLAN.— 

7 (A) IN GENERAL.—Not later than 180 

8 days after the date of receipt of the manage9 ment plan under paragraph (1), the Secretary, 

10 in consultation with the State, shall approve or 

11 disapprove the management plan. 

12 (B) CRITERIA FOR APPROVAL.—In deter13 mining whether to approve the management 

14 plan, the Secretary shall consider whether— 

15 (i) the management entity is rep16 resentative of the diverse interests of the 

17 Heritage Area, including governments, nat18 ural and historical resource protection or19 ganizations, educational institutions, local 

20 businesses and industries, community or21 ganizations, recreational organizations, and 

22 tourism organizations; 

23 (ii) the management entity has af24 forded adequate opportunity, including 

25 public hearings, for public and govern-
659 

•S 22 ES

1 mental involvement in the preparation of 

2 the management plan; and 

3 (iii) strategies contained in the man4 agement plan, if implemented, would ade5 quately balance the voluntary protection, 

6 development, and interpretation of the nat7 ural, historical, cultural, scenic, rec8 reational, and agricultural resources of the 

9 Heritage Area. 

10 (C) ACTION FOLLOWING DISAPPROVAL.—If 

11 the Secretary disapproves the management plan 

12 under subparagraph (A), the Secretary shall— 

13 (i) advise the management entity in 

14 writing of the reasons for the disapproval; 

15 (ii) make recommendations for revi16 sions to the management plan; and 

17 (iii) not later than 180 days after the 

18 receipt of any proposed revision of the 

19 management plan from the management 

20 entity, approve or disapprove the proposed 

21 revision. 

22 (D) AMENDMENTS.— 

23 (i) IN GENERAL.—The Secretary shall 

24 approve or disapprove each amendment to 

25 the management plan that the Secretary 
660 

•S 22 ES

1 determines makes a substantial change to 

2 the management plan. 

3 (ii) USE OF FUNDS.—The manage4 ment entity shall not use Federal funds 

5 authorized by this section to carry out any 

6 amendments to the management plan until 

7 the Secretary has approved the amend8 ments. 

9 (e) RELATIONSHIP TO OTHER FEDERAL AGEN10 CIES.— 

11 (1) IN GENERAL.—Nothing in this section af12 fects the authority of a Federal agency to provide 

13 technical or financial assistance under any other law. 

14 (2) CONSULTATION AND COORDINATION.—The 

15 head of any Federal agency planning to conduct ac16 tivities that may have an impact on the Heritage 

17 Area is encouraged to consult and coordinate the ac18 tivities with the Secretary and the management enti19 ty to the maximum extent practicable. 

20 (3) OTHER FEDERAL AGENCIES.—Nothing in 

21 this section— 

22 (A) modifies, alters, or amends any law or 

23 regulation authorizing a Federal agency to 

24 manage Federal land under the jurisdiction of 

25 the Federal agency; 
661 

•S 22 ES

1 (B) limits the discretion of a Federal land 

2 manager to implement an approved land use 

3 plan within the boundaries of the Heritage 

4 Area; or 

5 (C) modifies, alters, or amends any author6 ized use of Federal land under the jurisdiction 

7 of a Federal agency. 

8 (f) PRIVATE PROPERTY AND REGULATORY PROTEC9 TIONS.—Nothing in this section— 

10 (1) abridges the rights of any property owner 

11 (whether public or private), including the right to re12 frain from participating in any plan, project, pro13 gram, or activity conducted within the Heritage 

14 Area; 

15 (2) requires any property owner to permit pub16 lic access (including access by Federal, State, or 

17 local agencies) to the property of the property 

18 owner, or to modify public access or use of property 

19 of the property owner under any other Federal, 

20 State, or local law; 

21 (3) alters any duly adopted land use regulation, 

22 approved land use plan, or other regulatory author23 ity of any Federal, State or local agency, or conveys 

24 any land use or other regulatory authority to the 

25 management entity; 
662 

•S 22 ES

1 (4) authorizes or implies the reservation or ap2 propriation of water or water rights; 

3 (5) diminishes the authority of the State to 

4 manage fish and wildlife, including the regulation of 

5 fishing and hunting within the Heritage Area; or 

6 (6) creates any liability, or affects any liability 

7 under any other law, of any private property owner 

8 with respect to any person injured on the private 

9 property. 

10 (g) EVALUATION; REPORT.— 

11 (1) IN GENERAL.—Not later than 3 years be12 fore the date on which authority for Federal funding 

13 terminates for the Heritage Area, the Secretary 

14 shall— 

15 (A) conduct an evaluation of the accom16 plishments of the Heritage Area; and 

17 (B) prepare a report in accordance with 

18 paragraph (3). 

19 (2) EVALUATION.—An evaluation conducted 

20 under paragraph (1)(A) shall— 

21 (A) assess the progress of the management 

22 entity with respect to— 

23 (i) accomplishing the purposes of this 

24 section for the Heritage Area; and 
663 

•S 22 ES

1 (ii) achieving the goals and objectives 

2 of the approved management plan for the 

3 Heritage Area; 

4 (B) analyze the Federal, State, local, and 

5 private investments in the Heritage Area to de6 termine the leverage and impact of the invest7 ments; and 

8 (C) review the management structure, 

9 partnership relationships, and funding of the 

10 Heritage Area for purposes of identifying the 

11 critical components for sustainability of the 

12 Heritage Area. 

13 (3) REPORT.— 

14 (A) IN GENERAL.—Based on the evalua15 tion conducted under paragraph (1)(A), the 

16 Secretary shall prepare a report that includes 

17 recommendations for the future role of the Na18 tional Park Service, if any, with respect to the 

19 Heritage Area. 

20 (B) REQUIRED ANALYSIS.—If the report 

21 prepared under subparagraph (A) recommends 

22 that Federal funding for the Heritage Area be 

23 reauthorized, the report shall include an anal24 ysis of— 
664 

•S 22 ES

1 (i) ways in which Federal funding for 

2 the Heritage Area may be reduced or 

3 eliminated; and 

4 (ii) the appropriate time period nec5 essary to achieve the recommended reduc6 tion or elimination. 

7 (C) SUBMISSION TO CONGRESS.—On com8 pletion of the report, the Secretary shall submit 

9 the report to— 

10 (i) the Committee on Energy and 

11 Natural Resources of the Senate; and 

12 (ii) the Committee on Natural Re13 sources of the House of Representatives. 

14 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $10,000,000, of which not more than $1,000,000 may be 

17 made available for any fiscal year. 

18 (i) TERMINATION OF AUTHORITY.—The authority of 

19 the Secretary to provide assistance under this section ter20 minates on the date that is 15 years after the date of en21 actment of this Act. 

22 SEC. 8004. NORTHERN PLAINS NATIONAL HERITAGE AREA, 

23 NORTH DAKOTA. 

24 (a) DEFINITIONS.—In this section: 
665 

•S 22 ES

1 (1) HERITAGE AREA.—The term ‘‘Heritage 

2 Area’’ means the Northern Plains National Heritage 

3 Area established by subsection (b)(1). 

4 (2) LOCAL COORDINATING ENTITY.—The term 

5 ‘‘local coordinating entity’’ means the Northern 

6 Plains Heritage Foundation, the local coordinating 

7 entity for the Heritage Area designated by sub8 section (c)(1). 

9 (3) MANAGEMENT PLAN.—The term ‘‘manage10 ment plan’’ means the management plan for the 

11 Heritage Area required under subsection (d). 

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

13 the Secretary of the Interior. 

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

15 of North Dakota. 

16 (b) ESTABLISHMENT.— 

17 (1) IN GENERAL.—There is established the 

18 Northern Plains National Heritage Area in the State 

19 of North Dakota. 

20 (2) BOUNDARIES.—The Heritage Area shall 

21 consist of— 

22 (A) a core area of resources in Burleigh, 

23 McLean, Mercer, Morton, and Oliver Counties 

24 in the State; and 
666 

•S 22 ES

1 (B) any sites, buildings, and districts with2 in the core area recommended by the manage3 ment plan for inclusion in the Heritage Area. 

4 (3) MAP.—A map of the Heritage Area shall 

5 be— 

6 (A) included in the management plan; and 

7 (B) on file and available for public inspec8 tion in the appropriate offices of the local co9 ordinating entity and the National Park Serv10 ice. 

11 (c) LOCAL COORDINATING ENTITY.— 

12 (1) IN GENERAL.—The local coordinating entity 

13 for the Heritage Area shall be the Northern Plains 

14 Heritage Foundation, a nonprofit corporation estab15 lished under the laws of the State. 

16 (2) DUTIES.—To further the purposes of the 

17 Heritage Area, the Northern Plains Heritage Foun18 dation, as the local coordinating entity, shall— 

19 (A) prepare a management plan for the 

20 Heritage Area, and submit the management 

21 plan to the Secretary, in accordance with this 

22 section; 

23 (B) submit an annual report to the Sec24 retary for each fiscal year for which the local 
667 

•S 22 ES

1 coordinating entity receives Federal funds 

2 under this section, specifying— 

3 (i) the specific performance goals and 

4 accomplishments of the local coordinating 

5 entity; 

6 (ii) the expenses and income of the 

7 local coordinating entity; 

8 (iii) the amounts and sources of 

9 matching funds; 

10 (iv) the amounts leveraged with Fed11 eral funds and sources of the leveraged 

12 funds; and 

13 (v) grants made to any other entities 

14 during the fiscal year; 

15 (C) make available for audit for each fiscal 

16 year for which the local coordinating entity re17 ceives Federal funds under this section, all in18 formation pertaining to the expenditure of the 

19 funds and any matching funds; and 

20 (D) encourage economic viability and sus21 tainability that is consistent with the purposes 

22 of the Heritage Area. 

23 (3) AUTHORITIES.—For the purposes of pre24 paring and implementing the approved management 

25 plan for the Heritage Area, the local coordinating 
668 

•S 22 ES

1 entity may use Federal funds made available under 

2 this section to— 

3 (A) make grants to political jurisdictions, 

4 nonprofit organizations, and other parties with5 in the Heritage Area; 

6 (B) enter into cooperative agreements with 

7 or provide technical assistance to political juris8 dictions, nonprofit organizations, Federal agen9 cies, and other interested parties; 

10 (C) hire and compensate staff, including 

11 individuals with expertise in— 

12 (i) natural, historical, cultural, edu13 cational, scenic, and recreational resource 

14 conservation; 

15 (ii) economic and community develop16 ment; and 

17 (iii) heritage planning; 

18 (D) obtain funds or services from any 

19 source, including other Federal programs; 

20 (E) contract for goods or services; and 

21 (F) support activities of partners and any 

22 other activities that further the purposes of the 

23 Heritage Area and are consistent with the ap24 proved management plan. 
669 

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1 (4) PROHIBITION ON ACQUISITION OF REAL

2 PROPERTY.—The local coordinating entity may not 

3 use Federal funds authorized to be appropriated 

4 under this section to acquire any interest in real 

5 property. 

6 (5) OTHER SOURCES.—Nothing in this section 

7 precludes the local coordinating entity from using 

8 Federal funds from other sources for authorized 

9 purposes. 

10 (d) MANAGEMENT PLAN.— 

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

12 the date of enactment of this Act, the local coordi13 nating entity shall submit to the Secretary for ap14 proval a proposed management plan for the Heritage 

15 Area. 

16 (2) REQUIREMENTS.—The management plan 

17 for the Heritage Area shall— 

18 (A) describe comprehensive policies, goals, 

19 strategies, and recommendations for telling the 

20 story of the heritage of the area covered by the 

21 Heritage Area and encouraging long-term re22 source protection, enhancement, interpretation, 

23 funding, management, and development of the 

24 Heritage Area; 
670 

•S 22 ES

1 (B) include a description of actions and 

2 commitments that Federal, State, tribal, and 

3 local governments, private organizations, and 

4 citizens will take to protect, enhance, interpret, 

5 fund, manage, and develop the natural, histor6 ical, cultural, educational, scenic, and rec7 reational resources of the Heritage Area; 

8 (C) specify existing and potential sources 

9 of funding or economic development strategies 

10 to protect, enhance, interpret, fund, manage, 

11 and develop the Heritage Area; 

12 (D) include an inventory of the natural, 

13 historical, cultural, educational, scenic, and rec14 reational resources of the Heritage Area relat15 ing to the national importance and themes of 

16 the Heritage Area that should be protected, en17 hanced, interpreted, managed, funded, and de18 veloped; 

19 (E) recommend policies and strategies for 

20 resource management, including the develop21 ment of intergovernmental and interagency 

22 agreements to protect, enhance, interpret, fund, 

23 manage, and develop the natural, historical, cul24 tural, educational, scenic, and recreational re25 sources of the Heritage Area; 
671 

•S 22 ES

1 (F) describe a program for implementation 

2 for the management plan, including— 

3 (i) performance goals; 

4 (ii) plans for resource protection, en5 hancement, interpretation, funding, man6 agement, and development; and 

7 (iii) specific commitments for imple8 mentation that have been made by the 

9 local coordinating entity or any Federal, 

10 State, tribal, or local government agency, 

11 organization, business, or individual; 

12 (G) include an analysis of, and rec13 ommendations for, means by which Federal, 

14 State, tribal, and local programs may best be 

15 coordinated (including the role of the National 

16 Park Service and other Federal agencies associ17 ated with the Heritage Area) to further the 

18 purposes of this section; and 

19 (H) include a business plan that— 

20 (i) describes the role, operation, fi21 nancing, and functions of the local coordi22 nating entity and of each of the major ac23 tivities described in the management plan; 

24 and 
672 

•S 22 ES

1 (ii) provides adequate assurances that 

2 the local coordinating entity has the part3 nerships and financial and other resources 

4 necessary to implement the management 

5 plan for the Heritage Area. 

6 (3) DEADLINE.— 

7 (A) IN GENERAL.—Not later than 3 years 

8 after the date on which funds are first made 

9 available to develop the management plan after 

10 designation of the Heritage Area, the local co11 ordinating entity shall submit the management 

12 plan to the Secretary for approval. 

13 (B) TERMINATION OF FUNDING.—If the 

14 management plan is not submitted to the Sec15 retary in accordance with subparagraph (A), 

16 the local coordinating entity shall not qualify 

17 for any additional financial assistance under 

18 this section until such time as the management 

19 plan is submitted to and approved by the Sec20 retary. 

21 (4) APPROVAL OF MANAGEMENT PLAN.— 

22 (A) REVIEW.—Not later than 180 days 

23 after receiving the plan, the Secretary shall re24 view and approve or disapprove the manage25 ment plan for the Heritage Area on the basis 
673 

•S 22 ES

1 of the criteria established under subparagraph 

2 (B). 

3 (B) CRITERIA FOR APPROVAL.—In deter4 mining whether to approve a management plan 

5 for the Heritage Area, the Secretary shall con6 sider whether— 

7 (i) the local coordinating entity rep8 resents the diverse interests of the Herit9 age Area, including Federal, State, tribal, 

10 and local governments, natural, and his11 toric resource protection organizations, 

12 educational institutions, businesses, rec13 reational organizations, community resi14 dents, and private property owners; 

15 (ii) the local coordinating entity— 

16 (I) has afforded adequate oppor17 tunity for public and Federal, State, 

18 tribal, and local governmental involve19 ment (including through workshops 

20 and hearings) in the preparation of 

21 the management plan; and 

22 (II) provides for at least semi23 annual public meetings to ensure ade24 quate implementation of the manage25 ment plan; 
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•S 22 ES

1 (iii) the resource protection, enhance2 ment, interpretation, funding, manage3 ment, and development strategies described 

4 in the management plan, if implemented, 

5 would adequately protect, enhance, inter6 pret, fund, manage, and develop the nat7 ural, historic, cultural, educational, scenic, 

8 and recreational resources of the Heritage 

9 Area; 

10 (iv) the management plan would not 

11 adversely affect any activities authorized 

12 on Federal land under public land laws or 

13 land use plans; 

14 (v) the local coordinating entity has 

15 demonstrated the financial capability, in 

16 partnership with others, to carry out the 

17 plan; 

18 (vi) the Secretary has received ade19 quate assurances from the appropriate 

20 State, tribal, and local officials whose sup21 port is needed to ensure the effective im22 plementation of the State, tribal, and local 

23 elements of the management plan; and 

24 (vii) the management plan dem25 onstrates partnerships among the local co-
675 

•S 22 ES

1 ordinating entity, Federal, State, tribal, 

2 and local governments, regional planning 

3 organizations, nonprofit organizations, or 

4 private sector parties for implementation of 

5 the management plan. 

6 (C) DISAPPROVAL.— 

7 (i) IN GENERAL.—If the Secretary 

8 disapproves the management plan, the Sec9 retary— 

10 (I) shall advise the local coordi11 nating entity in writing of the reasons 

12 for the disapproval; and 

13 (II) may make recommendations 

14 to the local coordinating entity for re15 visions to the management plan. 

16 (ii) DEADLINE.—Not later than 180 

17 days after receiving a revised management 

18 plan, the Secretary shall approve or dis19 approve the revised management plan. 

20 (D) AMENDMENTS.— 

21 (i) IN GENERAL.—An amendment to 

22 the management plan that substantially al23 ters the purposes of the Heritage Area 

24 shall be reviewed by the Secretary and ap-
676 

•S 22 ES

1 proved or disapproved in the same manner 

2 as the original management plan. 

3 (ii) IMPLEMENTATION.—The local co4 ordinating entity shall not use Federal 

5 funds authorized to be appropriated by this 

6 section to implement an amendment to the 

7 management plan until the Secretary ap8 proves the amendment. 

9 (E) AUTHORITIES.—The Secretary may— 

10 (i) provide technical assistance under 

11 this section for the development and imple12 mentation of the management plan; and 

13 (ii) enter into cooperative agreements 

14 with interested parties to carry out this 

15 section. 

16 (e) RELATIONSHIP TO OTHER FEDERAL AGEN17 CIES.— 

18 (1) IN GENERAL.—Nothing in this section af19 fects the authority of a Federal agency to provide 

20 technical or financial assistance under any other law. 

21 (2) TECHNICAL AND FINANCIAL ASSISTANCE.— 

22 (A) IN GENERAL.—On the request of the 

23 local coordinating entity, the Secretary may 

24 provide financial assistance and, on a reimburs25 able or nonreimbursable basis, technical assist-
677 

•S 22 ES

1 ance to the local coordinating entity to develop 

2 and implement the management plan. 

3 (B) COOPERATIVE AGREEMENTS.—The 

4 Secretary may enter into cooperative agree5 ments with the local coordinating entity and 

6 other public or private entities to provide tech7 nical or financial assistance under subpara8 graph (A). 

9 (C) PRIORITY.—In assisting the Heritage 

10 Area, the Secretary shall give priority to actions 

11 that assist in— 

12 (i) conserving the significant natural, 

13 historic, cultural, and scenic resources of 

14 the Heritage Area; and 

15 (ii) providing educational, interpretive, 

16 and recreational opportunities consistent 

17 with the purposes of the Heritage Area. 

18 (3) CONSULTATION AND COORDINATION.—To 

19 the maximum extent practicable, the head of any 

20 Federal agency planning to conduct activities that 

21 may have an impact on the Heritage Area is encour22 aged to consult and coordinate the activities with the 

23 Secretary and the local coordinating entity. 

24 (4) OTHER FEDERAL AGENCIES.—Nothing in 

25 this section— 
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•S 22 ES

1 (A) modifies or alters any laws (including 

2 regulations) authorizing a Federal agency to 

3 manage Federal land under the jurisdiction of 

4 the Federal agency; 

5 (B) limits the discretion of a Federal land 

6 manager to implement an approved land use 

7 plan within the boundaries of the Heritage 

8 Area; or 

9 (C) modifies, alters, or amends any author10 ized use of Federal land under the jurisdiction 

11 of a Federal agency. 

12 (f) PRIVATE PROPERTY AND REGULATORY PROTEC13 TIONS.—Nothing in this section— 

14 (1) abridges the rights of any owner of public 

15 or private property, including the right to refrain 

16 from participating in any plan, project, program, or 

17 activity conducted within the Heritage Area; 

18 (2) requires any property owner to— 

19 (A) permit public access (including access 

20 by Federal, State, or local agencies) to the 

21 property of the property owner; or 

22 (B) modify public access to, or use of, the 

23 property of the property owner under any other 

24 Federal, State, or local law; 
679 

•S 22 ES

1 (3) alters any duly adopted land use regulation, 

2 approved land use plan, or other regulatory author3 ity of any Federal, State, tribal, or local agency; 

4 (4) conveys any land use or other regulatory 

5 authority to the local coordinating entity; 

6 (5) authorizes or implies the reservation or ap7 propriation of water or water rights; 

8 (6) diminishes the authority of the State to 

9 manage fish and wildlife, including the regulation of 

10 fishing and hunting within the Heritage Area; or 

11 (7) creates any liability, or affects any liability 

12 under any other law, of any private property owner 

13 with respect to any person injured on the private 

14 property. 

15 (g) EVALUATION; REPORT.— 

16 (1) IN GENERAL.—Not later than 3 years be17 fore the date on which authority for Federal funding 

18 terminates for the Heritage Area under subsection 

19 (i), the Secretary shall— 

20 (A) conduct an evaluation of the accom21 plishments of the Heritage Area; and 

22 (B) prepare a report in accordance with 

23 paragraph (3). 

24 (2) EVALUATION.—An evaluation conducted 

25 under paragraph (1)(A) shall— 
680 

•S 22 ES

1 (A) assess the progress of the local coordi2 nating entity with respect to— 

3 (i) accomplishing the purposes of this 

4 section for the Heritage Area; and 

5 (ii) achieving the goals and objectives 

6 of the approved management plan for the 

7 Heritage Area; 

8 (B) analyze the Federal, State, local, and 

9 private investments in the Heritage Area to de10 termine the leverage and impact of the invest11 ments; and 

12 (C) review the management structure, 

13 partnership relationships, and funding of the 

14 Heritage Area for purposes of identifying the 

15 critical components for sustainability of the 

16 Heritage Area. 

17 (3) REPORT.— 

18 (A) IN GENERAL.—Based on the evalua19 tion conducted under paragraph (1)(A), the 

20 Secretary shall prepare a report that includes 

21 recommendations for the future role of the Na22 tional Park Service, if any, with respect to the 

23 Heritage Area. 

24 (B) REQUIRED ANALYSIS.—If the report 

25 prepared under subparagraph (A) recommends 
681 

•S 22 ES

1 that Federal funding for the Heritage Area be 

2 reauthorized, the report shall include an anal3 ysis of— 

4 (i) ways in which Federal funding for 

5 the Heritage Area may be reduced or 

6 eliminated; and 

7 (ii) the appropriate time period nec8 essary to achieve the recommended reduc9 tion or elimination. 

10 (C) SUBMISSION TO CONGRESS.—On com11 pletion of the report, the Secretary shall submit 

12 the report to— 

13 (i) the Committee on Energy and 

14 Natural Resources of the Senate; and 

15 (ii) the Committee on Natural Re16 sources of the House of Representatives. 

17 (h) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) IN GENERAL.—There is authorized to be 

19 appropriated to carry out this section $10,000,000, 

20 of which not more than $1,000,000 may be made 

21 available for any fiscal year. 

22 (2) COST-SHARING REQUIREMENT.— 

23 (A) IN GENERAL.—The Federal share of 

24 the total cost of any activity under this section 

25 shall be not more than 50 percent. 
682 

•S 22 ES

1 (B) FORM.—The non-Federal contribution 

2 may be in the form of in-kind contributions of 

3 goods or services fairly valued. 

4 (i) TERMINATION OF AUTHORITY.—The authority of 

5 the Secretary to provide assistance under this section ter6 minates on the date that is 15 years after the date of en7 actment of this Act. 

8 SEC. 8005. BALTIMORE NATIONAL HERITAGE AREA, MARY9 LAND. 

10 (a) DEFINITIONS.—In this section: 

11 (1) HERITAGE AREA.—The term ‘‘Heritage 

12 Area’’ means the Baltimore National Heritage Area, 

13 established by subsection (b)(1). 

14 (2) LOCAL COORDINATING ENTITY.—The term 

15 ‘‘local coordinating entity’’ means the local coordi16 nating entity for the Heritage Area designated by 

17 subsection (b)(4). 

18 (3) MANAGEMENT PLAN.—The term ‘‘manage19 ment plan’’ means the management plan for the 

20 Heritage Area required under subsection (c)(1)(A). 

21 (4) MAP.—The term ‘‘map’’ means the map en22 titled ‘‘Baltimore National Heritage Area’’, num23 bered T10/80,000, and dated October 2007. 

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

25 the Secretary of the Interior. 
683 

•S 22 ES

1 (6) STATE.—The term ‘‘State’’ means the State 

2 of Maryland. 

3 (b) BALTIMORE NATIONAL HERITAGE AREA.— 

4 (1) ESTABLISHMENT.—There is established the 

5 Baltimore National Heritage Area in the State. 

6 (2) BOUNDARIES.—The Heritage Area shall be 

7 comprised of the following areas, as described on the 

8 map: 

9 (A) The area encompassing the Baltimore 

10 City Heritage Area certified by the Maryland 

11 Heritage Areas Authority in October 2001 as 

12 part of the Baltimore City Heritage Area Man13 agement Action Plan. 

14 (B) The Mount Auburn Cemetery. 

15 (C) The Cylburn Arboretum. 

16 (D) The Middle Branch of the Patapsco 

17 River and surrounding shoreline, including— 

18 (i) the Cruise Maryland Terminal; 

19 (ii) new marina construction; 

20 (iii) the National Aquarium Aquatic 

21 Life Center; 

22 (iv) the Westport Redevelopment; 

23 (v) the Gwynns Falls Trail; 

24 (vi) the Baltimore Rowing Club; and 
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•S 22 ES

1 (vii) the Masonville Cove Environ2 mental Center. 

3 (3) AVAILABILITY OF MAP.—The map shall be 

4 on file and available for public inspection in the ap5 propriate offices of the National Park Service and 

6 the Baltimore Heritage Area Association. 

7 (4) LOCAL COORDINATING ENTITY.—The Balti8 more Heritage Area Association shall be the local co9 ordinating entity for the Heritage Area. 

10 (c) DUTIES AND AUTHORITIES OF LOCAL COORDI11 NATING ENTITY.— 

12 (1) DUTIES OF THE LOCAL COORDINATING EN13 TITY.—To further the purposes of the Heritage 

14 Area, the local coordinating entity shall— 

15 (A) prepare, and submit to the Secretary, 

16 in accordance with subsection (d), a manage17 ment plan for the Heritage Area; 

18 (B) assist units of local government, re19 gional planning organizations, and nonprofit or20 ganizations in implementing the approved man21 agement plan by— 

22 (i) carrying out programs and projects 

23 that recognize, protect, and enhance im24 portant resource values within the Herit25 age Area; 
685 

•S 22 ES

1 (ii) establishing and maintaining in2 terpretive exhibits and programs within the 

3 Heritage Area; 

4 (iii) developing recreational and edu5 cational opportunities in the Heritage 

6 Area; 

7 (iv) increasing public awareness of, 

8 and appreciation for, natural, historic, sce9 nic, and cultural resources of the Heritage 

10 Area; 

11 (v) protecting and restoring historic 

12 sites and buildings in the Heritage Area 

13 that are consistent with the themes of the 

14 Heritage Area; 

15 (vi) ensuring that signs identifying 

16 points of public access and sites of interest 

17 are posted throughout the Heritage Area; 

18 and 

19 (vii) promoting a wide range of part20 nerships among governments, organiza21 tions, and individuals to further the pur22 poses of the Heritage Area; 

23 (C) consider the interests of diverse units 

24 of government, businesses, organizations, and 

25 individuals in the Heritage Area in the prepara-
686 

•S 22 ES

1 tion and implementation of the management 

2 plan; 

3 (D) conduct meetings open to the public at 

4 least semiannually regarding the development 

5 and implementation of the management plan; 

6 (E) submit an annual report to the Sec7 retary for each fiscal year for which the local 

8 coordinating entity receives Federal funds 

9 under this section specifying— 

10 (i) the accomplishments of the local 

11 coordinating entity; 

12 (ii) the expenses and income of the 

13 local coordinating entity; 

14 (iii) the amounts and sources of 

15 matching funds; 

16 (iv) the amounts leveraged with Fed17 eral funds and sources of the leveraged 

18 funds; and 

19 (v) grants made to any other entities 

20 during the fiscal year; 

21 (F) make available for audit for each fiscal 

22 year for which the local coordinating entity re23 ceives Federal funds under this section, all in24 formation pertaining to the expenditure of the 

25 funds and any matching funds; 
687 

•S 22 ES

1 (G) require in all agreements authorizing 

2 expenditures of Federal funds by other organi3 zations, that the receiving organizations make 

4 available for audit all records and other infor5 mation pertaining to the expenditure of the 

6 funds; and 

7 (H) encourage, by appropriate means, eco8 nomic development that is consistent with the 

9 purposes of the Heritage Area. 

10 (2) AUTHORITIES.—The local coordinating enti11 ty may, subject to the prior approval of the Sec12 retary, for the purposes of preparing and imple13 menting the management plan, use Federal funds 

14 made available under this section to— 

15 (A) make grants to the State, political sub16 divisions of the State, nonprofit organizations, 

17 and other persons; 

18 (B) enter into cooperative agreements 

19 with, or provide technical assistance to, the 

20 State, political subdivisions of the State, non21 profit organizations, Federal agencies, and 

22 other interested parties; 

23 (C) hire and compensate staff; 
688 

•S 22 ES

1 (D) obtain funds or services from any 

2 source, including funds and services provided 

3 under any other Federal law or program; 

4 (E) contract for goods or services; and 

5 (F) support activities of partners and any 

6 other activities that further the purposes of the 

7 Heritage Area and are consistent with the ap8 proved management plan. 

9 (3) PROHIBITION ON ACQUISITION OF REAL

10 PROPERTY.—The local coordinating entity may not 

11 use Federal funds received under this section to ac12 quire any interest in real property. 

13 (d) MANAGEMENT PLAN.— 

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

15 the date on which funds are made available to de16 velop the management plan, the local coordinating 

17 entity shall submit to the Secretary for approval a 

18 proposed management plan for the Heritage Area. 

19 (2) REQUIREMENTS.—The management plan 

20 for the Heritage Area shall— 

21 (A) describe comprehensive policies, goals, 

22 strategies, and recommendations for telling the 

23 story of the heritage of the region and encour24 aging long-term resource protection, enhance-
689 

•S 22 ES

1 ment, interpretation, funding, management, and 

2 development of the Heritage Area; 

3 (B) take into consideration existing State, 

4 county, and local plans in the development and 

5 implementation of the management plan; 

6 (C) include a description of actions and 

7 commitments that governments, private organi8 zations, and citizens plan to take to protect, en9 hance, and interpret the natural, historic, sce10 nic, and cultural resources of the Heritage 

11 Area; 

12 (D) specify existing and potential sources 

13 of funding or economic development strategies 

14 to protect, enhance, interpret, fund, manage, 

15 and develop the Heritage Area; 

16 (E) include an inventory of the natural, 

17 historic, cultural, educational, scenic, and rec18 reational resources of the Heritage Area relat19 ing to the stories and themes of the region that 

20 should be protected, enhanced, managed, or de21 veloped; 

22 (F) recommend policies and strategies for 

23 resource management including, the develop24 ment of intergovernmental and interagency 

25 agreements to protect the natural, historic, cul-
690 

•S 22 ES

1 tural, educational, scenic, and recreational re2 sources of the Heritage Area; 

3 (G) describe a program for implementation 

4 of the management plan, including— 

5 (i) performance goals; 

6 (ii) plans for resource protection, en7 hancement, and interpretation; and 

8 (iii) specific commitments for imple9 mentation that have been made by the 

10 local coordinating entity or any govern11 ment, organization, business, or individual; 

12 (H) include an analysis of, and rec13 ommendations for, ways in which Federal, 

14 State, tribal, and local programs may best be 

15 coordinated (including the role of the National 

16 Park Service and other Federal agencies associ17 ated with the Heritage Area) to further the 

18 purposes of this section; 

19 (I) include an interpretive plan for the 

20 Heritage Area; and 

21 (J) include a business plan that— 

22 (i) describes the role, operation, fi23 nancing, and functions of the local coordi24 nating entity and of each of the major ac-
691 

•S 22 ES

1 tivities described in the management plan; 

2 and 

3 (ii) provides adequate assurances that 

4 the local coordinating entity has the part5 nerships and financial and other resources 

6 necessary to implement the management 

7 plan for the Heritage Area. 

8 (3) TERMINATION OF FUNDING.—If the man9 agement plan is not submitted to the Secretary in 

10 accordance with this section, the local coordinating 

11 entity shall not qualify for additional financial as12 sistance under this section until the management 

13 plan is submitted to, and approved by, the Sec14 retary. 

15 (4) APPROVAL OF MANAGEMENT PLAN.— 

16 (A) REVIEW.—Not later than 180 days 

17 after the date on which the Secretary receives 

18 the management plan, the Secretary shall ap19 prove or disapprove the management plan. 

20 (B) CONSULTATION REQUIRED.—The Sec21 retary shall consult with the Governor of the 

22 State and any tribal government in which the 

23 Heritage Area is located before approving the 

24 management plan. 
692 

•S 22 ES

1 (C) CRITERIA FOR APPROVAL.—In deter2 mining whether to approve the management 

3 plan, the Secretary shall consider whether— 

4 (i) the local coordinating entity rep5 resents the diverse interests of the Herit6 age Area, including governments, natural 

7 and historic resource protection organiza8 tions, educational institutions, businesses, 

9 community residents, and recreational or10 ganizations; 

11 (ii) the local coordinating entity has 

12 afforded adequate opportunity for public 

13 and governmental involvement (including 

14 through workshops and public meetings) in 

15 the preparation of the management plan; 

16 (iii) the resource protection and inter17 pretation strategies described in the man18 agement plan, if implemented, would ade19 quately protect the natural, historic, and 

20 cultural resources of the Heritage Area; 

21 (iv) the management plan would not 

22 adversely affect any activities authorized 

23 on Federal or tribal land under applicable 

24 laws or land use plans; 
693 

•S 22 ES

1 (v) the Secretary has received ade2 quate assurances from the appropriate 

3 State, tribal, and local officials whose sup4 port is needed to ensure the effective im5 plementation of the State, tribal, and local 

6 aspects of the management plan; and 

7 (vi) the local coordinating entity has 

8 demonstrated the financial capability, in 

9 partnership with others, to carry out the 

10 management plan. 

11 (D) ACTION FOLLOWING DISAPPROVAL.— 

12 (i) IN GENERAL.—If the Secretary 

13 disapproves the management plan, the Sec14 retary— 

15 (I) shall advise the local coordi16 nating entity in writing of the reasons 

17 for the disapproval; and 

18 (II) may make recommendations 

19 to the local coordinating entity for re20 visions to the management plan. 

21 (ii) DEADLINE.—Not later than 180 

22 days after receiving a revised management 

23 plan, the Secretary shall approve or dis24 approve the revised management plan. 

25 (E) AMENDMENTS.— 
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•S 22 ES

1 (i) IN GENERAL.—An amendment to 

2 the management plan that substantially al3 ters the purposes of the Heritage Area 

4 shall be reviewed by the Secretary and ap5 proved or disapproved in the same manner 

6 as the original management plan. 

7 (ii) IMPLEMENTATION.—The local co8 ordinating entity shall not use Federal 

9 funds authorized to be appropriated by this 

10 section to implement an amendment to the 

11 management plan until the Secretary ap12 proves the amendment. 

13 (e) DUTIES AND AUTHORITIES OF THE SEC14 RETARY.— 

15 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

16 (A) IN GENERAL.—On the request of the 

17 local coordinating entity, the Secretary may 

18 provide technical and financial assistance, on a 

19 reimbursable or nonreimbursable basis (as de20 termined by the Secretary), to the local coordi21 nating entity to develop and implement the 

22 management plan. 

23 (B) COOPERATIVE AGREEMENTS.—The 

24 Secretary may enter into cooperative agree25 ments with the local coordinating entity and 
695 

•S 22 ES

1 other public or private entities to provide tech2 nical or financial assistance under subpara3 graph (A). 

4 (C) PRIORITY.—In assisting the Heritage 

5 Area, the Secretary shall give priority to actions 

6 that assist in— 

7 (i) conserving the significant natural, 

8 historic, cultural, and scenic resources of 

9 the Heritage Area; and 

10 (ii) providing educational, interpretive, 

11 and recreational opportunities consistent 

12 with the purposes of the Heritage Area. 

13 (2) EVALUATION; REPORT.— 

14 (A) IN GENERAL.—Not later than 3 years 

15 before the date on which authority for Federal 

16 funding terminates for the Heritage Area under 

17 subsection (i), the Secretary shall— 

18 (i) conduct an evaluation of the ac19 complishments of the Heritage Area; and 

20 (ii) prepare a report with rec21 ommendations for the future role of the 

22 National Park Service, if any, with respect 

23 to the Heritage Area, in accordance with 

24 subparagraph (C). 
696 

•S 22 ES

1 (B) EVALUATION.—An evaluation con2 ducted under subparagraph (A)(i) shall— 

3 (i) assess the progress of the local co4 ordinating entity with respect to— 

5 (I) accomplishing the purposes of 

6 this section for the Heritage Area; 

7 and 

8 (II) achieving the goals and ob9 jectives of the approved management 

10 plan for the Heritage Area; 

11 (ii) analyze the Federal, State, local, 

12 and private investments in the Heritage 

13 Area to determine the leverage and impact 

14 of the investments; and 

15 (iii) review the management structure, 

16 partnership relationships, and funding of 

17 the Heritage Area for purposes of identi18 fying the critical components for sustain19 ability of the Heritage Area. 

20 (C) REPORT.— 

21 (i) IN GENERAL.—Based on the eval22 uation conducted under subparagraph 

23 (A)(i), the Secretary shall prepare a report 

24 that includes recommendations for the fu-
697 

•S 22 ES

1 ture role of the National Park Service, if 

2 any, with respect to the Heritage Area. 

3 (ii) REQUIRED ANALYSIS.—If the re4 port prepared under this subparagraph 

5 recommends that Federal funding for the 

6 Heritage Area be reauthorized, the report 

7 shall include an analysis of— 

8 (I) ways in which Federal fund9 ing for the Heritage Area may be re10 duced or eliminated; and 

11 (II) the appropriate time period 

12 necessary to achieve the recommended 

13 reduction or elimination. 

14 (iii) SUBMISSION TO CONGRESS.—On 

15 completion of a report under this subpara16 graph, the Secretary shall submit the re17 port to— 

18 (I) the Committee on Energy and 

19 Natural Resources of the Senate; and 

20 (II) the Committee on Natural 

21 Resources of the House of Represent22 atives. 

23 (f) RELATIONSHIP TO OTHER FEDERAL AGEN24 CIES.— 
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•S 22 ES

1 (1) IN GENERAL.—Nothing in this section af2 fects the authority of a Federal agency to provide 

3 technical or financial assistance under any other law. 

4 (2) CONSULTATION AND COORDINATION.—To 

5 the maximum extent practicable, the head of any 

6 Federal agency planning to conduct activities that 

7 may have an impact on the Heritage Area is encour8 aged to consult and coordinate the activities with the 

9 Secretary and the local coordinating entity. 

10 (3) OTHER FEDERAL AGENCIES.—Nothing in 

11 this section— 

12 (A) modifies, alters, or amends any laws 

13 (including regulations) authorizing a Federal 

14 agency to manage Federal land under the juris15 diction of the Federal agency; 

16 (B) limits the discretion of a Federal land 

17 manager to implement an approved land use 

18 plan within the boundaries of the Heritage 

19 Area; or 

20 (C) modifies, alters, or amends any author21 ized use of Federal land under the jurisdiction 

22 of a Federal agency. 

23 (g) PROPERTY OWNERS AND REGULATORY PROTEC24 TIONS.—Nothing in this section— 
699 

•S 22 ES

1 (1) abridges the rights of any owner of public 

2 or private property, including the right to refrain 

3 from participating in any plan, project, program, or 

4 activity conducted within the Heritage Area; 

5 (2) requires any property owner to— 

6 (A) permit public access (including Fed7 eral, tribal, State, or local government access) 

8 to the property; or 

9 (B) modify any provisions of Federal, trib10 al, State, or local law with regard to public ac11 cess or use of private land; 

12 (3) alters any duly adopted land use regula13 tions, approved land use plan, or any other regu14 latory authority of any Federal, State, or local agen15 cy, or tribal government; 

16 (4) conveys any land use or other regulatory 

17 authority to the local coordinating entity; 

18 (5) authorizes or implies the reservation or ap19 propriation of water or water rights; 

20 (6) diminishes the authority of the State to 

21 manage fish and wildlife, including the regulation of 

22 fishing and hunting within the Heritage Area; or 

23 (7) creates any liability, or affects any liability 

24 under any other law, of any private property owner 
700 

•S 22 ES

1 with respect to any person injured on the private 

2 property. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There is authorized to be 

5 appropriated to carry out this section $10,000,000, 

6 of which not more than $1,000,000 may be made 

7 available for any fiscal year. 

8 (2) COST-SHARING REQUIREMENT.— 

9 (A) IN GENERAL.—The Federal share of 

10 the total cost of any activity under this section 

11 shall be not more than 50 percent. 

12 (B) FORM.—The non-Federal contribu13 tion— 

14 (i) shall be from non-Federal sources; 

15 and 

16 (ii) may be in the form of in-kind con17 tributions of goods or services fairly val18 ued. 

19 (i) TERMINATION OF EFFECTIVENESS.—The author20 ity of the Secretary to provide assistance under this sec21 tion terminates on the date that is 15 years after the date 

22 of enactment of this Act. 

23 SEC. 8006. FREEDOM’S WAY NATIONAL HERITAGE AREA, 

24 MASSACHUSETTS AND NEW HAMPSHIRE. 

25 (a) PURPOSES.—The purposes of this section are— 
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•S 22 ES

1 (1) to foster a close working relationship be2 tween the Secretary and all levels of government, the 

3 private sector, and local communities in the States 

4 of Massachusetts and New Hampshire; 

5 (2) to assist the entities described in paragraph 

6 (1) to preserve the special historic identity of the 

7 Heritage Area; and 

8 (3) to manage, preserve, protect, and interpret 

9 the cultural, historic, and natural resources of the 

10 Heritage Area for the educational and inspirational 

11 benefit of future generations. 

12 (b) DEFINITIONS.—In this section: 

13 (1) HERITAGE AREA.—The term ‘‘Heritage 

14 Area’’ means the Freedom’s Way National Heritage 

15 Area established by subsection (c)(1). 

16 (2) LOCAL COORDINATING ENTITY.—The term 

17 ‘‘local coordinating entity’’ means the local coordi18 nating entity for the Heritage Area designated by 

19 subsection (c)(4). 

20 (3) MANAGEMENT PLAN.—The term ‘‘manage21 ment plan’’ means the management plan for the 

22 Heritage Area required under subsection (d)(1)(A). 

23 (4) MAP.—The term ‘‘map’’ means the map en24 titled ‘‘Freedom’s Way National Heritage Area’’, 

25 numbered T04/80,000, and dated July 2007. 
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•S 22 ES

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

2 the Secretary of the Interior. 

3 (c) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established the 

5 Freedom’s Way National Heritage Area in the 

6 States of Massachusetts and New Hampshire. 

7 (2) BOUNDARIES.— 

8 (A) IN GENERAL.—The boundaries of the 

9 Heritage Area shall be as generally depicted on 

10 the map. 

11 (B) REVISION.—The boundaries of the 

12 Heritage Area may be revised if the revision 

13 is— 

14 (i) proposed in the management plan; 

15 (ii) approved by the Secretary in ac16 cordance with subsection (e)(4); and 

17 (iii) placed on file in accordance with 

18 paragraph (3). 

19 (3) AVAILABILITY OF MAP.—The map shall be 

20 on file and available for public inspection in the ap21 propriate offices of the National Park Service and 

22 the local coordinating entity. 

23 (4) LOCAL COORDINATING ENTITY.—The Free24 dom’s Way Heritage Association, Inc., shall be the 

25 local coordinating entity for the Heritage Area. 
703 

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1 (d) DUTIES AND AUTHORITIES OF LOCAL COORDI2 NATING ENTITY.— 

3 (1) DUTIES OF THE LOCAL COORDINATING EN4 TITY.—To further the purposes of the Heritage 

5 Area, the local coordinating entity shall— 

6 (A) prepare, and submit to the Secretary, 

7 in accordance with subsection (e), a manage8 ment plan for the Heritage Area; 

9 (B) assist units of local government, re10 gional planning organizations, and nonprofit or11 ganizations in implementing the approved man12 agement plan by— 

13 (i) carrying out programs and projects 

14 that recognize and protect important re15 source values within the Heritage Area; 

16 (ii) establishing and maintaining in17 terpretive exhibits and programs within the 

18 Heritage Area; 

19 (iii) developing recreational and edu20 cational opportunities in the Heritage 

21 Area; 

22 (iv) increasing public awareness of, 

23 and appreciation for, natural, historic, and 

24 cultural resources of the Heritage Area; 
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•S 22 ES

1 (v) protecting and restoring historic 

2 buildings in the Heritage Area that are 

3 consistent with the themes of the Heritage 

4 Area; and 

5 (vi) ensuring that signs identifying 

6 points of public access and sites of interest 

7 are posted throughout the Heritage Area; 

8 (C) consider the interests of diverse units 

9 of government, businesses, organizations, and 

10 individuals in the Heritage Area in the prepara11 tion and implementation of the management 

12 plan; 

13 (D) conduct meetings open to the public at 

14 least quarterly regarding the development and 

15 implementation of the management plan; 

16 (E) submit an annual report to the Sec17 retary for each fiscal year for which the local 

18 coordinating entity receives Federal funds 

19 under this section specifying— 

20 (i) the accomplishments of the local 

21 coordinating entity; 

22 (ii) the expenses and income of the 

23 local coordinating entity; 

24 (iii) the amounts and sources of 

25 matching funds; 
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1 (iv) the amounts leveraged with Fed2 eral funds and sources of the leveraged 

3 funds; and 

4 (v) grants made to any other entities 

5 during the fiscal year; 

6 (F) make available for audit for each fiscal 

7 year for which the local coordinating entity re8 ceives Federal funds under this section, all in9 formation pertaining to the expenditure of the 

10 funds and any matching funds; 

11 (G) require in all agreements authorizing 

12 expenditures of Federal funds by other organi13 zations, that the receiving organizations make 

14 available for audit all records and other infor15 mation pertaining to the expenditure of the 

16 funds; and 

17 (H) encourage, by appropriate means, eco18 nomic development that is consistent with the 

19 purposes of the Heritage Area. 

20 (2) AUTHORITIES.—The local coordinating enti21 ty may, subject to the prior approval of the Sec22 retary, for the purposes of preparing and imple23 menting the management plan, use Federal funds 

24 made available under this section to— 
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1 (A) make grants to the States of Massa2 chusetts and New Hampshire, political subdivi3 sions of the States, nonprofit organizations, and 

4 other persons; 

5 (B) enter into cooperative agreements 

6 with, or provide technical assistance to, the 

7 States of Massachusetts and New Hampshire, 

8 political subdivisions of the States, nonprofit or9 ganizations, Federal agencies, and other inter10 ested parties; 

11 (C) hire and compensate staff; 

12 (D) obtain funds or services from any 

13 source, including funds and services provided 

14 under any other Federal law or program; 

15 (E) contract for goods or services; and 

16 (F) support activities of partners and any 

17 other activities that further the purposes of the 

18 Heritage Area and are consistent with the ap19 proved management plan. 

20 (3) PROHIBITION ON ACQUISITION OF REAL

21 PROPERTY.—The local coordinating entity may not 

22 use Federal funds received under this section to ac23 quire any interest in real property. 

24 (4) USE OF FUNDS FOR NON-FEDERAL PROP25 ERTY.—The local coordinating entity may use Fed-
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1 eral funds made available under this section to assist 

2 non-Federal property that is— 

3 (A) described in the management plan; or 

4 (B) listed, or eligible for listing, on the Na5 tional Register of Historic Places. 

6 (e) MANAGEMENT PLAN.— 

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

8 the date on which funds are made available to de9 velop the management plan, the local coordinating 

10 entity shall submit to the Secretary for approval a 

11 proposed management plan for the Heritage Area. 

12 (2) REQUIREMENTS.—The management plan 

13 for the Heritage Area shall— 

14 (A) describe comprehensive policies, goals, 

15 strategies, and recommendations for the con16 servation, funding, management, and develop17 ment of the Heritage Area; 

18 (B) take into consideration existing State, 

19 county, and local plans in the development and 

20 implementation of the management plan; 

21 (C) provide a framework for coordination 

22 of the plans considered under subparagraph (B) 

23 to present a unified historic preservation and 

24 interpretation plan; 
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•S 22 ES

1 (D) contain the contributions of residents, 

2 public agencies, and private organizations with3 in the Heritage Area; 

4 (E) include a description of actions and 

5 commitments that governments, private organi6 zations, and citizens plan to take to protect, en7 hance, and interpret the natural, historic, sce8 nic, and cultural resources of the Heritage 

9 Area; 

10 (F) specify existing and potential sources 

11 of funding or economic development strategies 

12 to conserve, manage, and develop the Heritage 

13 Area; 

14 (G) include an inventory of the natural, 

15 historic, and recreational resources of the Her16 itage Area, including a list of properties that— 

17 (i) are related to the themes of the 

18 Heritage Area; and 

19 (ii) should be conserved, restored, 

20 managed, developed, or maintained; 

21 (H) recommend policies and strategies for 

22 resource management that— 

23 (i) apply appropriate land and water 

24 management techniques; 
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1 (ii) include the development of inter2 governmental and interagency agreements 

3 to protect the natural, historic, and cul4 tural resources of the Heritage Area; and 

5 (iii) support economic revitalization 

6 efforts; 

7 (I) describe a program for implementation 

8 of the management plan, including— 

9 (i) restoration and construction plans 

10 or goals; 

11 (ii) a program of public involvement; 

12 (iii) annual work plans; and 

13 (iv) annual reports; 

14 (J) include an analysis of, and rec15 ommendations for, ways in which Federal, 

16 State, tribal, and local programs may best be 

17 coordinated (including the role of the National 

18 Park Service and other Federal agencies associ19 ated with the Heritage Area) to further the 

20 purposes of this section; 

21 (K) include an interpretive plan for the 

22 Heritage Area; and 

23 (L) include a business plan that— 

24 (i) describes the role, operation, fi25 nancing, and functions of the local coordi-
710 

•S 22 ES

1 nating entity and of each of the major ac2 tivities described in the management plan; 

3 and 

4 (ii) provides adequate assurances that 

5 the local coordinating entity has the part6 nerships and financial and other resources 

7 necessary to implement the management 

8 plan for the Heritage Area. 

9 (3) TERMINATION OF FUNDING.—If the man10 agement plan is not submitted to the Secretary in 

11 accordance with this section, the local coordinating 

12 entity shall not qualify for additional financial as13 sistance under this section until the management 

14 plan is submitted to, and approved by, the Sec15 retary. 

16 (4) APPROVAL OF MANAGEMENT PLAN.— 

17 (A) REVIEW.—Not later than 180 days 

18 after the date on which the Secretary receives 

19 the management plan, the Secretary shall ap20 prove or disapprove the management plan. 

21 (B) CRITERIA FOR APPROVAL.—In deter22 mining whether to approve the management 

23 plan, the Secretary shall consider whether— 

24 (i) the local coordinating entity rep25 resents the diverse interests of the Herit-
711 

•S 22 ES

1 age Area, including governments, natural 

2 and historic resource protection organiza3 tions, educational institutions, businesses, 

4 community residents, and recreational or5 ganizations; 

6 (ii) the local coordinating entity has 

7 afforded adequate opportunity for public 

8 and governmental involvement (including 

9 through workshops and public meetings) in 

10 the preparation of the management plan; 

11 (iii) the resource protection and inter12 pretation strategies described in the man13 agement plan, if implemented, would ade14 quately protect the natural, historic, and 

15 cultural resources of the Heritage Area; 

16 (iv) the management plan would not 

17 adversely affect any activities authorized 

18 on Federal or tribal land under applicable 

19 laws or land use plans; 

20 (v) the Secretary has received ade21 quate assurances from the appropriate 

22 State, tribal, and local officials whose sup23 port is needed to ensure the effective im24 plementation of the State, tribal, and local 

25 aspects of the management plan; and 
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•S 22 ES

1 (vi) the local coordinating entity has 

2 demonstrated the financial capability, in 

3 partnership with others, to carry out the 

4 management plan. 

5 (C) ACTION FOLLOWING DISAPPROVAL.— 

6 (i) IN GENERAL.—If the Secretary 

7 disapproves the management plan, the Sec8 retary— 

9 (I) shall advise the local coordi10 nating entity in writing of the reasons 

11 for the disapproval; and 

12 (II) may make recommendations 

13 to the local coordinating entity for re14 visions to the management plan. 

15 (ii) DEADLINE.—Not later than 180 

16 days after receiving a revised management 

17 plan, the Secretary shall approve or dis18 approve the revised management plan. 

19 (D) AMENDMENTS.— 

20 (i) IN GENERAL.—An amendment to 

21 the management plan that substantially al22 ters the purposes of the Heritage Area 

23 shall be reviewed by the Secretary and ap24 proved or disapproved in the same manner 

25 as the original management plan. 
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•S 22 ES

1 (ii) IMPLEMENTATION.—The local co2 ordinating entity shall not use Federal 

3 funds authorized to be appropriated by this 

4 section to implement an amendment to the 

5 management plan until the Secretary ap6 proves the amendment. 

7 (f) DUTIES AND AUTHORITIES OF THE SEC8 RETARY.— 

9 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

10 (A) IN GENERAL.—On the request of the 

11 local coordinating entity, the Secretary may 

12 provide technical and financial assistance, on a 

13 reimbursable or nonreimbursable basis (as de14 termined by the Secretary), to the local coordi15 nating entity to develop and implement the 

16 management plan. 

17 (B) COOPERATIVE AGREEMENTS.—The 

18 Secretary may enter into cooperative agree19 ments with the local coordinating entity and 

20 other public or private entities to provide tech21 nical or financial assistance under subpara22 graph (A). 

23 (C) PRIORITY.—In assisting the Heritage 

24 Area, the Secretary shall give priority to actions 

25 that assist in— 
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•S 22 ES

1 (i) conserving the significant natural, 

2 historic, and cultural resources of the Her3 itage Area; and 

4 (ii) providing educational, interpretive, 

5 and recreational opportunities consistent 

6 with the purposes of the Heritage Area. 

7 (2) EVALUATION; REPORT.— 

8 (A) IN GENERAL.—Not later than 3 years 

9 before the date on which authority for Federal 

10 funding terminates for the Heritage Area under 

11 subsection (j), the Secretary shall— 

12 (i) conduct an evaluation of the ac13 complishments of the Heritage Area; and 

14 (ii) prepare a report with rec15 ommendations for the future role of the 

16 National Park Service, if any, with respect 

17 to the Heritage Area, in accordance with 

18 subparagraph (C). 

19 (B) EVALUATION.—An evaluation con20 ducted under subparagraph (A)(i) shall— 

21 (i) assess the progress of the local co22 ordinating entity with respect to— 

23 (I) accomplishing the purposes of 

24 this section for the Heritage Area; 

25 and 
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•S 22 ES

1 (II) achieving the goals and ob2 jectives of the approved management 

3 plan for the Heritage Area; 

4 (ii) analyze the Federal, State, local, 

5 and private investments in the Heritage 

6 Area to determine the leverage and impact 

7 of the investments; and 

8 (iii) review the management structure, 

9 partnership relationships, and funding of 

10 the Heritage Area for purposes of identi11 fying the critical components for sustain12 ability of the Heritage Area. 

13 (C) REPORT.— 

14 (i) IN GENERAL.—Based on the eval15 uation conducted under subparagraph 

16 (A)(i), the Secretary shall prepare a report 

17 that includes recommendations for the fu18 ture role of the National Park Service, if 

19 any, with respect to the Heritage Area. 

20 (ii) REQUIRED ANALYSIS.—If the re21 port prepared under this subparagraph 

22 recommends that Federal funding for the 

23 Heritage Area be reauthorized, the report 

24 shall include an analysis of— 
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•S 22 ES

1 (I) ways in which Federal fund2 ing for the Heritage Area may be re3 duced or eliminated; and 

4 (II) the appropriate time period 

5 necessary to achieve the recommended 

6 reduction or elimination. 

7 (iii) SUBMISSION TO CONGRESS.—On 

8 completion of a report under this subpara9 graph, the Secretary shall submit the re10 port to— 

11 (I) the Committee on Energy and 

12 Natural Resources of the Senate; and 

13 (II) the Committee on Natural 

14 Resources of the House of Represent15 atives. 

16 (g) RELATIONSHIP TO OTHER FEDERAL AGEN17 CIES.— 

18 (1) IN GENERAL.—Nothing in this section af19 fects the authority of a Federal agency to provide 

20 technical or financial assistance under any other law. 

21 (2) CONSULTATION AND COORDINATION.—To 

22 the maximum extent practicable, the head of any 

23 Federal agency planning to conduct activities that 

24 may have an impact on the Heritage Area is encour-
717 

•S 22 ES

1 aged to consult and coordinate the activities with the 

2 Secretary and the local coordinating entity. 

3 (3) OTHER FEDERAL AGENCIES.—Nothing in 

4 this section— 

5 (A) modifies, alters, or amends any laws 

6 (including regulations) authorizing a Federal 

7 agency to manage Federal land under the juris8 diction of the Federal agency; 

9 (B) limits the discretion of a Federal land 

10 manager to implement an approved land use 

11 plan within the boundaries of the Heritage 

12 Area; or 

13 (C) modifies, alters, or amends any author14 ized use of Federal land under the jurisdiction 

15 of a Federal agency. 

16 (h) PROPERTY OWNERS AND REGULATORY PROTEC17 TIONS.—Nothing in this section— 

18 (1) abridges the rights of any owner of public 

19 or private property, including the right to refrain 

20 from participating in any plan, project, program, or 

21 activity conducted within the Heritage Area; 

22 (2) requires any property owner to— 

23 (A) permit public access (including Fed24 eral, tribal, State, or local government access) 

25 to the property; or 
718 

•S 22 ES

1 (B) modify any provisions of Federal, trib2 al, State, or local law with regard to public ac3 cess or use of private land; 

4 (3) alters any duly adopted land use regula5 tions, approved land use plan, or any other regu6 latory authority of any Federal, State, or local agen7 cy, or tribal government; 

8 (4) conveys any land use or other regulatory 

9 authority to the local coordinating entity; 

10 (5) authorizes or implies the reservation or ap11 propriation of water or water rights; 

12 (6) diminishes the authority of the States of 

13 Massachusetts and New Hampshire to manage fish 

14 and wildlife, including the regulation of fishing and 

15 hunting within the Heritage Area; or 

16 (7) creates any liability, or affects any liability 

17 under any other law, of any private property owner 

18 with respect to any person injured on the private 

19 property. 

20 (i) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) IN GENERAL.—There is authorized to be 

22 appropriated to carry out this section $10,000,000, 

23 of which not more than $1,000,000 may be made 

24 available for any fiscal year. 
719 

•S 22 ES

1 (2) AVAILABILITY.—Funds made available 

2 under paragraph (1) shall remain available until ex3 pended. 

4 (3) COST-SHARING REQUIREMENT.— 

5 (A) IN GENERAL.—The Federal share of 

6 the total cost of any activity under this section 

7 shall be not more than 50 percent. 

8 (B) FORM.—The non-Federal contribution 

9 may be in the form of in-kind contributions of 

10 goods or services fairly valued. 

11 (j) TERMINATION OF FINANCIAL ASSISTANCE.—The 

12 authority of the Secretary to provide financial assistance 

13 under this section terminates on the date that is 15 years 

14 after the date of enactment of this Act. 

15 SEC. 8007. MISSISSIPPI HILLS NATIONAL HERITAGE AREA. 

16 (a) DEFINITIONS.—In this section: 

17 (1) HERITAGE AREA.—The term ‘‘Heritage 

18 Area’’ means the Mississippi Hills National Heritage 

19 Area established by subsection (b)(1). 

20 (2) LOCAL COORDINATING ENTITY.—The term 

21 ‘‘local coordinating entity’’ means the local coordi22 nating entity for Heritage Area designated by sub23 section (b)(3)(A). 
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•S 22 ES

1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan for the 

3 Heritage Area required under subsection (c)(1)(A). 

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

5 the Secretary of the Interior. 

6 (5) STATE.—The term ‘‘State’’ means the State 

7 of Mississippi. 

8 (b) MISSISSIPPI HILLS NATIONAL HERITAGE

9 AREA.— 

10 (1) ESTABLISHMENT.—There is established the 

11 Mississippi Hills National Heritage Area in the 

12 State. 

13 (2) BOUNDARIES.— 

14 (A) AFFECTED COUNTIES.—The Heritage 

15 Area shall consist of all, or portions of, as spec16 ified by the boundary description in subpara17 graph (B), Alcorn, Attala, Benton, Calhoun, 

18 Carroll, Chickasaw, Choctaw, Clay, DeSoto, 

19 Grenada, Holmes, Itawamba, Lafayette, Lee, 

20 Lowndes, Marshall, Monroe, Montgomery, 

21 Noxubee, Oktibbeha, Panola, Pontotoc, 

22 Prentiss, Tate, Tippah, Tishomingo, Union, 

23 Webster, Winston, and Yalobusha Counties in 

24 the State. 
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•S 22 ES

1 (B) BOUNDARY DESCRIPTION.—The Herit2 age Area shall have the following boundary de3 scription: 

4 (i) traveling counterclockwise, the 

5 Heritage Area shall be bounded to the west 

6 by U.S. Highway 51 from the Tennessee 

7 State line until it intersects Interstate 55 

(at Geeslin Corner approximately 1 8 ⁄2 mile 

9 due north of Highway Interchange 208); 

10 (ii) from this point, Interstate 55 

11 shall be the western boundary until it 

12 intersects with Mississippi Highway 12 at 

13 Highway Interchange 156, the intersection 

14 of which shall be the southwest terminus of 

15 the Heritage Area; 

16 (iii) from the southwest terminus, the 

17 boundary shall— 

18 (I) extend east along Mississippi 

19 Highway 12 until it intersects U.S. 

20 Highway 51; 

21 (II) follow Highway 51 south 

22 until it is intersected again by High23 way 12; 
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•S 22 ES

1 (III) extend along Highway 12 

2 into downtown Kosciusko where it 

3 intersects Mississippi Highway 35; 

4 (IV) follow Highway 35 south 

5 until it is intersected by Mississippi 

6 Highway 14; and 

7 (V) extend along Highway 14 

8 until it reaches the Alabama State 

9 line, the intersection of which shall be 

10 the southeast terminus of the Herit11 age Area; 

12 (iv) from the southeast terminus, the 

13 boundary of the Heritage Area shall follow 

14 the Mississippi-Alabama State line until it 

15 reaches the Mississippi-Tennessee State 

16 line, the intersection of which shall be the 

17 northeast terminus of the Heritage Area; 

18 and 

19 (v) the boundary shall extend due 

20 west until it reaches U.S. Highway 51, the 

21 intersection of which shall be the northwest 

22 terminus of the Heritage Area. 

23 (3) LOCAL COORDINATING ENTITY.— 

24 (A) IN GENERAL.—The local coordinating 

25 entity for the Heritage Area shall be the Mis-
723 

•S 22 ES

1 sissippi Hills Heritage Area Alliance, a non2 profit organization registered by the State, with 

3 the cooperation and support of the University 

4 of Mississippi. 

5 (B) BOARD OF DIRECTORS.— 

6 (i) IN GENERAL.—The local coordi7 nating entity shall be governed by a Board 

8 of Directors comprised of not more than 

9 30 members. 

10 (ii) COMPOSITION.—Members of the 

11 Board of Directors shall consist of— 

12 (I) not more than 1 representa13 tive from each of the counties de14 scribed in paragraph (2)(A); and 

15 (II) any ex-officio members that 

16 may be appointed by the Board of Di17 rectors, as the Board of Directors de18 termines to be necessary. 

19 (c) DUTIES AND AUTHORITIES OF LOCAL COORDI20 NATING ENTITY.— 

21 (1) DUTIES OF THE LOCAL COORDINATING EN22 TITY.—To further the purposes of the Heritage 

23 Area, the local coordinating entity shall— 
724 

•S 22 ES

1 (A) prepare, and submit to the Secretary, 

2 in accordance with subsection (d), a manage3 ment plan for the Heritage Area; 

4 (B) assist units of local government, re5 gional planning organizations, and nonprofit or6 ganizations in implementing the approved man7 agement plan by— 

8 (i) establishing and maintaining inter9 pretive exhibits and programs within the 

10 Heritage Area; 

11 (ii) developing recreational opportuni12 ties in the Heritage Area; 

13 (iii) increasing public awareness of, 

14 and appreciation for, natural, historical, 

15 cultural, archaeological, and recreational 

16 resources of the Heritage Area; 

17 (iv) restoring historic sites and build18 ings in the Heritage Area that are con19 sistent with the themes of the Heritage 

20 Area; and 

21 (v) carrying out any other activity 

22 that the local coordinating entity deter23 mines to be consistent with this section; 
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•S 22 ES

1 (C) conduct meetings open to the public at 

2 least annually regarding the development and 

3 implementation of the management plan; 

4 (D) submit an annual report to the Sec5 retary for each fiscal year for which the local 

6 coordinating entity receives Federal funds 

7 under this section specifying— 

8 (i) the accomplishments of the local 

9 coordinating entity; 

10 (ii) the expenses and income of the 

11 local coordinating entity; 

12 (iii) the amounts and sources of 

13 matching funds; 

14 (iv) the amounts leveraged with Fed15 eral funds and sources of the leveraged 

16 funds; and 

17 (v) grants made to any other entities 

18 during the fiscal year; 

19 (E) make available for audit for each fiscal 

20 year for which the local coordinating entity re21 ceives Federal funds under this section, all in22 formation pertaining to the expenditure of the 

23 funds and any matching funds; 

24 (F) require in all agreements authorizing 

25 expenditures of Federal funds by other organi-
726 

•S 22 ES

1 zations, that the receiving organizations make 

2 available for audit all records and other infor3 mation pertaining to the expenditure of the 

4 funds; and 

5 (G) ensure that each county included in 

6 the Heritage Area is appropriately represented 

7 on any oversight advisory committee established 

8 under this section to coordinate the Heritage 

9 Area. 

10 (2) AUTHORITIES.—The local coordinating enti11 ty may, subject to the prior approval of the Sec12 retary, for the purposes of preparing and imple13 menting the management plan, use Federal funds 

14 made available under this section to— 

15 (A) make grants and loans to the State, 

16 political subdivisions of the State, nonprofit or17 ganizations, and other persons; 

18 (B) enter into cooperative agreements 

19 with, or provide technical assistance to, the 

20 State, political subdivisions of the State, non21 profit organizations, and other organizations; 

22 (C) hire and compensate staff; 

23 (D) obtain funds or services from any 

24 source, including funds and services provided 

25 under any other Federal law or program; and 
727 

•S 22 ES

1 (E) contract for goods or services. 

2 (3) PROHIBITION ON ACQUISITION OF REAL

3 PROPERTY.—The local coordinating entity may not 

4 use Federal funds received under this section to ac5 quire any interest in real property. 

6 (d) MANAGEMENT PLAN.— 

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

8 the date on which funds are made available to de9 velop the management plan, the local coordinating 

10 entity shall submit to the Secretary for approval a 

11 proposed management plan for the Heritage Area. 

12 (2) REQUIREMENTS.—The management plan 

13 for the Heritage Area shall— 

14 (A) provide recommendations for the pres15 ervation, conservation, enhancement, funding, 

16 management, interpretation, development, and 

17 promotion of the cultural, historical, archae18 ological, natural, and recreational resources of 

19 the Heritage Area; 

20 (B) specify existing and potential sources 

21 of funding or economic development strategies 

22 to protect, enhance, interpret, fund, manage, 

23 and develop the Heritage Area; 

24 (C) include— 
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•S 22 ES

1 (i) an inventory of the natural, histor2 ical, cultural, archaeological, and rec3 reational resources of the Heritage Area; 

4 and 

5 (ii) an analysis of how Federal, State, 

6 tribal, and local programs may best be co7 ordinated to promote and carry out this 

8 section; 

9 (D) provide recommendations for edu10 cational and interpretive programs to provide 

11 information to the public on the resources of 

12 the Heritage Area; and 

13 (E) involve residents of affected commu14 nities and tribal and local governments. 

15 (3) TERMINATION OF FUNDING.—If the man16 agement plan is not submitted to the Secretary in 

17 accordance with this subsection, the local coordi18 nating entity shall not qualify for additional finan19 cial assistance under this section until the manage20 ment plan is submitted to, and approved by, the Sec21 retary. 

22 (4) APPROVAL OF MANAGEMENT PLAN.— 

23 (A) REVIEW.—Not later than 180 days 

24 after the date on which the Secretary receives 
729 

•S 22 ES

1 the management plan, the Secretary shall ap2 prove or disapprove the management plan. 

3 (B) CONSULTATION REQUIRED.—The Sec4 retary shall consult with the Governor of the 

5 State and any tribal government in which the 

6 Heritage Area is located before approving the 

7 management plan. 

8 (C) CRITERIA FOR APPROVAL.—In deter9 mining whether to approve the management 

10 plan, the Secretary shall consider whether— 

11 (i) the local coordinating entity rep12 resents the diverse interests of the Herit13 age Area, including governments, natural 

14 and historical resource protection organiza15 tions, educational institutions, businesses, 

16 community residents, and recreational or17 ganizations; 

18 (ii) the local coordinating entity has 

19 afforded adequate opportunity for public 

20 and governmental involvement (including 

21 through workshops and public meetings) in 

22 the preparation of the management plan; 

23 (iii) the resource protection and inter24 pretation strategies described in the man25 agement plan, if implemented, would ade-
730 

•S 22 ES

1 quately protect the natural, historical, cul2 tural, archaeological, and recreational re3 sources of the Heritage Area; 

4 (iv) the management plan would not 

5 adversely affect any activities authorized 

6 on Federal or tribal land under applicable 

7 laws or land use plans; 

8 (v) the Secretary has received ade9 quate assurances from the appropriate 

10 State, tribal, and local officials whose sup11 port is needed to ensure the effective im12 plementation of the State, tribal, and local 

13 aspects of the management plan; and 

14 (vi) the local coordinating entity has 

15 demonstrated the financial capability, in 

16 partnership with others, to carry out the 

17 management plan. 

18 (D) ACTION FOLLOWING DISAPPROVAL.— 

19 (i) IN GENERAL.—If the Secretary 

20 disapproves the management plan, the Sec21 retary— 

22 (I) shall advise the local coordi23 nating entity in writing of the reasons 

24 for the disapproval; and 
731 

•S 22 ES

1 (II) may make recommendations 

2 to the local coordinating entity for re3 visions to the management plan. 

4 (ii) DEADLINE.—Not later than 180 

5 days after receiving a revised management 

6 plan, the Secretary shall approve or dis7 approve the revised management plan. 

8 (E) REVIEW; AMENDMENTS.— 

9 (i) IN GENERAL.—After approval by 

10 the Secretary of the management plan, the 

11 Alliance shall periodically— 

12 (I) review the management plan; 

13 and 

14 (II) submit to the Secretary, for 

15 review and approval by the Secretary, 

16 any recommendations for revisions to 

17 the management plan. 

18 (ii) IN GENERAL.—An amendment to 

19 the management plan that substantially al20 ters the purposes of the Heritage Area 

21 shall be reviewed by the Secretary and ap22 proved or disapproved in the same manner 

23 as the original management plan. 

24 (iii) IMPLEMENTATION.—The local co25 ordinating entity shall not use Federal 
732 

•S 22 ES

1 funds authorized to be appropriated by this 

2 section to implement an amendment to the 

3 management plan until the Secretary ap4 proves the amendment. 

5 (e) DUTIES AND AUTHORITIES OF THE SEC6 RETARY.— 

7 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

8 (A) IN GENERAL.—On the request of the 

9 local coordinating entity, the Secretary may 

10 provide technical and financial assistance, on a 

11 reimbursable or nonreimbursable basis (as de12 termined by the Secretary), to the local coordi13 nating entity to develop and implement the 

14 management plan. 

15 (B) COOPERATIVE AGREEMENTS.—The 

16 Secretary may enter into cooperative agree17 ments with the local coordinating entity and 

18 other public or private entities to provide tech19 nical or financial assistance under subpara20 graph (A). 

21 (C) PRIORITY.—In assisting the Heritage 

22 Area, the Secretary shall give priority to actions 

23 that assist in— 

24 (i) conserving the significant natural, 

25 historical, cultural, archaeological, and rec-
733 

•S 22 ES

1 reational resources of the Heritage Area; 

2 and 

3 (ii) providing educational, interpretive, 

4 and recreational opportunities consistent 

5 with the purposes of the Heritage Area. 

6 (2) EVALUATION; REPORT.— 

7 (A) IN GENERAL.—Not later than 3 years 

8 before the date on which authority for Federal 

9 funding terminates for the Heritage Area under 

10 subsection (i), the Secretary shall— 

11 (i) conduct an evaluation of the ac12 complishments of the Heritage Area; and 

13 (ii) prepare a report with rec14 ommendations for the future role of the 

15 National Park Service, if any, with respect 

16 to the Heritage Area, in accordance with 

17 subparagraph (C). 

18 (B) EVALUATION.—An evaluation con19 ducted under subparagraph (A)(i) shall— 

20 (i) assess the progress of the local co21 ordinating entity with respect to— 

22 (I) accomplishing the purposes of 

23 this section for the Heritage Area; 

24 and 
734 

•S 22 ES

1 (II) achieving the goals and ob2 jectives of the approved management 

3 plan for the Heritage Area; 

4 (ii) analyze the Federal, State, local, 

5 and private investments in the Heritage 

6 Area to determine the leverage and impact 

7 of the investments; and 

8 (iii) review the management structure, 

9 partnership relationships, and funding of 

10 the Heritage Area for purposes of identi11 fying the critical components for sustain12 ability of the Heritage Area. 

13 (C) REPORT.— 

14 (i) IN GENERAL.—Based on the eval15 uation conducted under subparagraph 

16 (A)(i), the Secretary shall prepare a report 

17 that includes recommendations for the fu18 ture role of the National Park Service, if 

19 any, with respect to the Heritage Area. 

20 (ii) REQUIRED ANALYSIS.—If the re21 port prepared under this subparagraph 

22 recommends that Federal funding for the 

23 Heritage Area be reauthorized, the report 

24 shall include an analysis of— 
735 

•S 22 ES

1 (I) ways in which Federal fund2 ing for the Heritage Area may be re3 duced or eliminated; and 

4 (II) the appropriate time period 

5 necessary to achieve the recommended 

6 reduction or elimination. 

7 (iii) SUBMISSION TO CONGRESS.—On 

8 completion of a report under this subpara9 graph, the Secretary shall submit the re10 port to— 

11 (I) the Committee on Energy and 

12 Natural Resources of the Senate; and 

13 (II) the Committee on Natural 

14 Resources of the House of Represent15 atives. 

16 (f) RELATIONSHIP TO OTHER FEDERAL AGEN17 CIES.— 

18 (1) IN GENERAL.—Nothing in this section af19 fects the authority of a Federal agency to provide 

20 technical or financial assistance under any other law. 

21 (2) CONSULTATION AND COORDINATION.—To 

22 the maximum extent practicable, the head of any 

23 Federal agency planning to conduct activities that 

24 may have an impact on the Heritage Area is encour-
736 

•S 22 ES

1 aged to consult and coordinate the activities with the 

2 Secretary and the local coordinating entity. 

3 (3) OTHER FEDERAL AGENCIES.—Nothing in 

4 this section— 

5 (A) modifies, alters, or amends any laws 

6 (including regulations) authorizing a Federal 

7 agency to manage Federal land under the juris8 diction of the Federal agency; 

9 (B) limits the discretion of a Federal land 

10 manager to implement an approved land use 

11 plan within the boundaries of the Heritage 

12 Area; or 

13 (C) modifies, alters, or amends any author14 ized use of Federal land under the jurisdiction 

15 of a Federal agency. 

16 (g) EFFECT.— 

17 (1) PROPERTY OWNERS AND REGULATORY PRO18 TECTIONS.—Nothing in this section— 

19 (A) abridges the rights of any owner of 

20 public or private property, including the right 

21 to refrain from participating in any plan, 

22 project, program, or activity conducted within 

23 the Heritage Area; 

24 (B) requires any property owner to— 
737 

•S 22 ES

1 (i) permit public access (including 

2 Federal, tribal, State, or local government 

3 access) to the property; or 

4 (ii) modify any provisions of Federal, 

5 tribal, State, or local law with regard to 

6 public access or use of private land; 

7 (C) alters any duly adopted land use regu8 lations, approved land use plan, or any other 

9 regulatory authority of any Federal, State, or 

10 local agency, or tribal government; 

11 (D) conveys any land use or other regu12 latory authority to the local coordinating entity; 

13 (E) authorizes or implies the reservation or 

14 appropriation of water or water rights; 

15 (F) diminishes the authority of the State 

16 to manage fish and wildlife, including the regu17 lation of fishing and hunting within the Herit18 age Area; or 

19 (G) creates any liability, or affects any li20 ability under any other law, of any private 

21 property owner with respect to any person in22 jured on the private property. 

23 (2) NO EFFECT ON INDIAN TRIBES.—Nothing 

24 in this section— 
738 

•S 22 ES

1 (A) restricts an Indian tribe from pro2 tecting cultural or religious sites on tribal land; 

3 or 

4 (B) diminishes the trust responsibilities or 

5 government-to-government obligations of the 

6 United States to any Indian tribe recognized by 

7 the Federal Government. 

8 (h) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) IN GENERAL.—There is authorized to be 

10 appropriated to carry out this section $10,000,000, 

11 of which not more than $1,000,000 may be made 

12 available for any fiscal year. 

13 (2) AVAILABILITY.—Amounts made available 

14 under paragraph (1) shall remain available until ex15 pended. 

16 (3) COST-SHARING REQUIREMENT.— 

17 (A) IN GENERAL.—The Federal share of 

18 the total cost of any activity under this section 

19 shall be not more than 50 percent. 

20 (B) FORM.—The non-Federal contribu21 tion— 

22 (i) shall be from non-Federal sources; 

23 and 
739 

•S 22 ES

1 (ii) may be in the form of in-kind con2 tributions of goods or services fairly val3 ued. 

4 (i) TERMINATION OF FINANCIAL ASSISTANCE.—The 

5 authority of the Secretary to provide financial assistance 

6 under this section terminates on the date that is 15 years 

7 after the date of enactment of this Act. 

8 SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA. 

9 (a) DEFINITIONS.—In this section: 

10 (1) BOARD.—The term ‘‘Board’’ means the 

11 Board of Directors of the local coordinating entity. 

12 (2) HERITAGE AREA.—The term ‘‘Heritage 

13 Area’’ means the Mississippi Delta National Herit14 age Area established by subsection (b)(1). 

15 (3) LOCAL COORDINATING ENTITY.—The term 

16 ‘‘local coordinating entity’’ means the local coordi17 nating entity for the Heritage Area designated by 

18 subsection (b)(4)(A). 

19 (4) MANAGEMENT PLAN.—The term ‘‘manage20 ment plan’’ means the management plan for the 

21 Heritage Area developed under subsection (d). 

22 (5) MAP.—The term ‘‘map’’ means the map en23 titled ‘‘Mississippi Delta National Heritage Area’’, 

24 numbered T13/80,000, and dated April 2008. 
740 

•S 22 ES

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

2 the Secretary of the Interior. 

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

4 of Mississippi. 

5 (b) ESTABLISHMENT.— 

6 (1) ESTABLISHMENT.—There is established in 

7 the State the Mississippi Delta National Heritage 

8 Area. 

9 (2) BOUNDARIES.—The Heritage Area shall in10 clude all counties in the State that contain land lo11 cated in the alluvial floodplain of the Mississippi 

12 Delta, including Bolivar, Carroll, Coahoma, Desoto, 

13 Holmes, Humphreys, Issaquena, Leflore, Panola, 

14 Quitman, Sharkey, Sunflower, Tallahatchie, Tate, 

15 Tunica, Warren, Washington, and Yazoo Counties in 

16 the State, as depicted on the map. 

17 (3) AVAILABILITY OF MAP.—The map shall be 

18 on file and available for public inspection in the of19 fice of the Director of the National Park Service. 

20 (4) LOCAL COORDINATING ENTITY.— 

21 (A) DESIGNATION.—The Mississippi Delta 

22 National Heritage Area Partnership shall be 

23 the local coordinating entity for the Heritage 

24 Area. 

25 (B) BOARD OF DIRECTORS.— 
741 

•S 22 ES

1 (i) COMPOSITION.— 

2 (I) IN GENERAL.—The local co3 ordinating entity shall be governed by 

4 a Board of Directors composed of 15 

5 members, of whom— 

6 (aa) 1 member shall be ap7 pointed by Delta State Univer8 sity; 

9 (bb) 1 member shall be ap10 pointed by Mississippi Valley 

11 State University; 

12 (cc) 1 member shall be ap13 pointed by Alcorn State Univer14 sity; 

15 (dd) 1 member shall be ap16 pointed by the Delta Foundation; 

17 (ee) 1 member shall be ap18 pointed by the Smith Robertson 

19 Museum; 

20 (ff) 1 member shall be ap21 pointed from the office of the 

22 Governor of the State; 

23 (gg) 1 member shall be ap24 pointed by Delta Council; 
742 

•S 22 ES

1 (hh) 1 member shall be ap2 pointed from the Mississippi Arts 

3 Commission; 

4 (ii) 1 member shall be ap5 pointed from the Mississippi De6 partment of Archives and His7 tory; 

8 (jj) 1 member shall be ap9 pointed from the Mississippi Hu10 manities Council; and 

11 (kk) up to 5 additional 

12 members shall be appointed for 

13 staggered 1- and 2-year terms by 

14 County boards in the Heritage 

15 Area. 

16 (II) RESIDENCY REQUIRE17 MENTS.—At least 7 members of the 

18 Board shall reside in the Heritage 

19 Area. 

20 (ii) OFFICERS.— 

21 (I) IN GENERAL.—At the initial 

22 meeting of the Board, the members of 

23 the Board shall appoint a Chair24 person, Vice Chairperson, and Sec25 retary/Treasurer. 
743 

•S 22 ES

1 (II) DUTIES.— 

2 (aa) CHAIRPERSON.—The 

3 duties of the Chairperson shall 

4 include— 

5 (AA) presiding over 

6 meetings of the Board; 

7 (BB) executing docu8 ments of the Board; and 

9 (CC) coordinating ac10 tivities of the Heritage Area 

11 with Federal, State, local, 

12 and nongovernmental offi13 cials. 

14 (bb) VICE CHAIRPERSON.— 

15 The Vice Chairperson shall act as 

16 Chairperson in the absence or 

17 disability of the Chairperson. 

18 (iii) MANAGEMENT AUTHORITY.— 

19 (I) IN GENERAL.—The Board 

20 shall— 

21 (aa) exercise all corporate 

22 powers of the local coordinating 

23 entity; 
744 

•S 22 ES

1 (bb) manage the activities 

2 and affairs of the local coordi3 nating entity; and 

4 (cc) subject to any limita5 tions in the articles and bylaws of 

6 the local coordinating entity, this 

7 section, and any other applicable 

8 Federal or State law, establish 

9 the policies of the local coordi10 nating entity. 

11 (II) STAFF.—The Board shall 

12 have the authority to employ any serv13 ices and staff that are determined to 

14 be necessary by a majority vote of the 

15 Board. 

16 (iv) BYLAWS.— 

17 (I) IN GENERAL.—The Board 

18 may amend or repeal the bylaws of 

19 the local coordinating entity at any 

20 meeting of the Board by a majority 

21 vote of the Board. 

22 (II) NOTICE.—The Board shall 

23 provide notice of any meeting of the 

24 Board at which an amendment to the 

25 bylaws is to be considered that in-
745 

•S 22 ES

1 cludes the text or a summary of the 

2 proposed amendment. 

3 (v) MINUTES.—Not later than 60 

4 days after a meeting of the Board, the 

5 Board shall distribute the minutes of the 

6 meeting among all Board members and the 

7 county supervisors in each county within 

8 the Heritage Area. 

9 (c) DUTIES AND AUTHORITIES OF LOCAL COORDI10 NATING ENTITY.— 

11 (1) DUTIES OF THE LOCAL COORDINATING EN12 TITY.—To further the purposes of the Heritage 

13 Area, the local coordinating entity shall— 

14 (A) prepare, and submit to the Secretary, 

15 in accordance with subsection (d), a manage16 ment plan for the Heritage Area; 

17 (B) assist units of local government, re18 gional planning organizations, and nonprofit or19 ganizations in implementing the approved man20 agement plan by— 

21 (i) carrying out programs and projects 

22 that recognize, protect, and enhance im23 portant resource values within the Herit24 age Area; 
746 

•S 22 ES

1 (ii) establishing and maintaining in2 terpretive exhibits and programs within the 

3 Heritage Area; 

4 (iii) developing recreational and edu5 cational opportunities in the Heritage 

6 Area; 

7 (iv) increasing public awareness of, 

8 and appreciation for, natural, historic, sce9 nic, and cultural resources of the Heritage 

10 Area; 

11 (v) protecting and restoring historic 

12 sites and buildings in the Heritage Area 

13 that are consistent with the themes of the 

14 Heritage Area; 

15 (vi) ensuring that signs identifying 

16 points of public access and sites of interest 

17 are posted throughout the Heritage Area; 

18 and 

19 (vii) promoting a wide range of part20 nerships among governments, organiza21 tions, and individuals to further the pur22 poses of the Heritage Area; 

23 (C) consider the interests of diverse units 

24 of government, businesses, organizations, and 

25 individuals in the Heritage Area in the prepara-
747 

•S 22 ES

1 tion and implementation of the management 

2 plan; 

3 (D) conduct meetings open to the public at 

4 least semiannually regarding the development 

5 and implementation of the management plan; 

6 (E) submit an annual report to the Sec7 retary for each fiscal year for which the local 

8 coordinating entity receives Federal funds 

9 under this section specifying— 

10 (i) the accomplishments of the local 

11 coordinating entity; 

12 (ii) the expenses and income of the 

13 local coordinating entity; 

14 (iii) the amounts and sources of 

15 matching funds; 

16 (iv) the amounts leveraged with Fed17 eral funds and sources of the leveraged 

18 funds; and 

19 (v) grants made to any other entities 

20 during the fiscal year; 

21 (F) make available for audit for each fiscal 

22 year for which the local coordinating entity re23 ceives Federal funds under this section, all in24 formation pertaining to the expenditure of the 

25 funds and any matching funds; 
748 

•S 22 ES

1 (G) require in all agreements authorizing 

2 expenditures of Federal funds by other organi3 zations, that the receiving organizations make 

4 available for audit all records and other infor5 mation pertaining to the expenditure of the 

6 funds; and 

7 (H) encourage, by appropriate means, eco8 nomic development that is consistent with the 

9 purposes of the Heritage Area. 

10 (2) AUTHORITIES.—The local coordinating enti11 ty may, subject to the prior approval of the Sec12 retary, for the purposes of preparing and imple13 menting the management plan, use Federal funds 

14 made available under this section to— 

15 (A) make grants to the State, political sub16 divisions of the State, nonprofit organizations, 

17 and other persons; 

18 (B) enter into cooperative agreements 

19 with, or provide technical assistance to, the 

20 State, political subdivisions of the State, non21 profit organizations, Federal agencies, and 

22 other interested parties; 

23 (C) hire and compensate staff; 
749 

•S 22 ES

1 (D) obtain funds or services from any 

2 source, including funds and services provided 

3 under any other Federal law or program; 

4 (E) contract for goods or services; and 

5 (F) support activities of partners and any 

6 other activities that further the purposes of the 

7 Heritage Area and are consistent with the ap8 proved management plan. 

9 (3) PROHIBITION ON ACQUISITION OF REAL

10 PROPERTY.—The local coordinating entity may not 

11 use Federal funds received under this section to ac12 quire any interest in real property. 

13 (d) MANAGEMENT PLAN.— 

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

15 the date on which funds are made available to de16 velop the management plan, the local coordinating 

17 entity shall submit to the Secretary for approval a 

18 proposed management plan for the Heritage Area. 

19 (2) REQUIREMENTS.—The management plan 

20 for the Heritage Area shall— 

21 (A) describe comprehensive policies, goals, 

22 strategies, and recommendations for telling the 

23 story of the heritage of the region and encour24 aging long-term resource protection, enhance-
750 

•S 22 ES

1 ment, interpretation, funding, management, and 

2 development of the Heritage Area; 

3 (B) take into consideration existing State, 

4 county, and local plans in the development and 

5 implementation of the management plan; 

6 (C) include a description of actions and 

7 commitments that governments, private organi8 zations, and citizens plan to take to protect, en9 hance, and interpret the cultural, historical, ar10 chaeological, natural, and recreational resources 

11 of the Heritage Area; 

12 (D) specify existing and potential sources 

13 of funding or economic development strategies 

14 to protect, enhance, interpret, fund, manage, 

15 and develop the Heritage Area; 

16 (E) include an inventory of the cultural, 

17 historical, archaeological, natural, and rec18 reational resources of the Heritage Area relat19 ing to the stories and themes of the region that 

20 should be protected, enhanced, managed, or de21 veloped; 

22 (F) recommend policies and strategies for 

23 resource management including, the develop24 ment of intergovernmental and interagency 

25 agreements to protect the natural, historic, cul-
751 

•S 22 ES

1 tural, educational, scenic, and recreational re2 sources of the Heritage Area; 

3 (G) describe a program for implementation 

4 of the management plan, including— 

5 (i) performance goals; 

6 (ii) plans for resource protection, en7 hancement, and interpretation; and 

8 (iii) specific commitments for imple9 mentation that have been made by the 

10 local coordinating entity or any govern11 ment, organization, business, or individual; 

12 (H) include an analysis of, and rec13 ommendations for, ways in which Federal, 

14 State, tribal, and local programs may best be 

15 coordinated (including the role of the National 

16 Park Service and other Federal agencies associ17 ated with the Heritage Area) to further the 

18 purposes of this section; 

19 (I) include an interpretive plan for the 

20 Heritage Area; and 

21 (J) include a business plan that— 

22 (i) describes the role, operation, fi23 nancing, and functions of the local coordi24 nating entity and of each of the major ac-
752 

•S 22 ES

1 tivities described in the management plan; 

2 and 

3 (ii) provides adequate assurances that 

4 the local coordinating entity has the part5 nerships and financial and other resources 

6 necessary to implement the management 

7 plan for the Heritage Area. 

8 (3) TERMINATION OF FUNDING.—If the man9 agement plan is not submitted to the Secretary in 

10 accordance with this subsection, the local coordi11 nating entity shall not qualify for additional finan12 cial assistance under this section until the manage13 ment plan is submitted to, and approved by, the Sec14 retary. 

15 (4) APPROVAL OF MANAGEMENT PLAN.— 

16 (A) REVIEW.—Not later than 180 days 

17 after the date on which the Secretary receives 

18 the management plan, the Secretary shall ap19 prove or disapprove the management plan. 

20 (B) CONSULTATION REQUIRED.—The Sec21 retary shall consult with the Governor of the 

22 State and any tribal government in which the 

23 Heritage Area is located before approving the 

24 management plan. 
753 

•S 22 ES

1 (C) CRITERIA FOR APPROVAL.—In deter2 mining whether to approve the management 

3 plan, the Secretary shall consider whether— 

4 (i) the local coordinating entity rep5 resents the diverse interests of the Herit6 age Area, including governments, natural 

7 and historic resource protection organiza8 tions, educational institutions, businesses, 

9 community residents, and recreational or10 ganizations; 

11 (ii) the local coordinating entity has 

12 afforded adequate opportunity for public 

13 and governmental involvement (including 

14 through workshops and public meetings) in 

15 the preparation of the management plan; 

16 (iii) the resource protection and inter17 pretation strategies described in the man18 agement plan, if implemented, would ade19 quately protect the cultural, historical, ar20 chaeological, natural, and recreational re21 sources of the Heritage Area; 

22 (iv) the management plan would not 

23 adversely affect any activities authorized 

24 on Federal or tribal land under applicable 

25 laws or land use plans; 
754 

•S 22 ES

1 (v) the Secretary has received ade2 quate assurances from the appropriate 

3 State, tribal, and local officials whose sup4 port is needed to ensure the effective im5 plementation of the State, tribal, and local 

6 aspects of the management plan; and 

7 (vi) the local coordinating entity has 

8 demonstrated the financial capability, in 

9 partnership with others, to carry out the 

10 management plan. 

11 (D) ACTION FOLLOWING DISAPPROVAL.— 

12 (i) IN GENERAL.—If the Secretary 

13 disapproves the management plan, the Sec14 retary— 

15 (I) shall advise the local coordi16 nating entity in writing of the reasons 

17 for the disapproval; and 

18 (II) may make recommendations 

19 to the local coordinating entity for re20 visions to the management plan. 

21 (ii) DEADLINE.—Not later than 180 

22 days after receiving a revised management 

23 plan, the Secretary shall approve or dis24 approve the revised management plan. 

25 (E) AMENDMENTS.— 
755 

•S 22 ES

1 (i) IN GENERAL.—An amendment to 

2 the management plan that substantially al3 ters the purposes of the Heritage Area 

4 shall be reviewed by the Secretary and ap5 proved or disapproved in the same manner 

6 as the original management plan. 

7 (ii) IMPLEMENTATION.—The local co8 ordinating entity shall not use Federal 

9 funds authorized to be appropriated by this 

10 section to implement an amendment to the 

11 management plan until the Secretary ap12 proves the amendment. 

13 (e) DUTIES AND AUTHORITIES OF THE SEC14 RETARY.— 

15 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

16 (A) IN GENERAL.—On the request of the 

17 local coordinating entity, the Secretary may 

18 provide technical and financial assistance, on a 

19 reimbursable or nonreimbursable basis (as de20 termined by the Secretary), to the local coordi21 nating entity to develop and implement the 

22 management plan. 

23 (B) COOPERATIVE AGREEMENTS.—The 

24 Secretary may enter into cooperative agree25 ments with the local coordinating entity and 
756 

•S 22 ES

1 other public or private entities to provide tech2 nical or financial assistance under subpara3 graph (A). 

4 (C) PRIORITY.—In assisting the Heritage 

5 Area, the Secretary shall give priority to actions 

6 that assist in— 

7 (i) conserving the significant cultural, 

8 historical, archaeological, natural, and rec9 reational resources of the Heritage Area; 

10 and 

11 (ii) providing educational, interpretive, 

12 and recreational opportunities consistent 

13 with the purposes of the Heritage Area. 

14 (D) PROHIBITION OF CERTAIN REQUIRE15 MENTS.—The Secretary may not, as a condition 

16 of the provision of technical or financial assist17 ance under this subsection, require any recipi18 ent of the assistance to impose or modify any 

19 land use restriction or zoning ordinance. 

20 (2) EVALUATION; REPORT.— 

21 (A) IN GENERAL.—Not later than 3 years 

22 before the date on which authority for Federal 

23 funding terminates for the Heritage Area under 

24 subsection (i), the Secretary shall— 
757 

•S 22 ES

1 (i) conduct an evaluation of the ac2 complishments of the Heritage Area; and 

3 (ii) prepare a report with rec4 ommendations for the future role of the 

5 National Park Service, if any, with respect 

6 to the Heritage Area, in accordance with 

7 subparagraph (C). 

8 (B) EVALUATION.—An evaluation con9 ducted under subparagraph (A)(i) shall— 

10 (i) assess the progress of the local co11 ordinating entity with respect to— 

12 (I) accomplishing the purposes of 

13 this section for the Heritage Area; 

14 and 

15 (II) achieving the goals and ob16 jectives of the approved management 

17 plan for the Heritage Area; 

18 (ii) analyze the Federal, State, local, 

19 and private investments in the Heritage 

20 Area to determine the leverage and impact 

21 of the investments; and 

22 (iii) review the management structure, 

23 partnership relationships, and funding of 

24 the Heritage Area for purposes of identi-
758 

•S 22 ES

1 fying the critical components for sustain2 ability of the Heritage Area. 

3 (C) REPORT.— 

4 (i) IN GENERAL.—Based on the eval5 uation conducted under subparagraph 

6 (A)(i), the Secretary shall prepare a report 

7 that includes recommendations for the fu8 ture role of the National Park Service, if 

9 any, with respect to the Heritage Area. 

10 (ii) REQUIRED ANALYSIS.—If the re11 port prepared under this subparagraph 

12 recommends that Federal funding for the 

13 Heritage Area be reauthorized, the report 

14 shall include an analysis of— 

15 (I) ways in which Federal fund16 ing for the Heritage Area may be re17 duced or eliminated; and 

18 (II) the appropriate time period 

19 necessary to achieve the recommended 

20 reduction or elimination. 

21 (iii) SUBMISSION TO CONGRESS.—On 

22 completion of a report under this subpara23 graph, the Secretary shall submit the re24 port to— 
759 

•S 22 ES

1 (I) the Committee on Energy and 

2 Natural Resources of the Senate; and 

3 (II) the Committee on Natural 

4 Resources of the House of Represent5 atives. 

6 (f) RELATIONSHIP TO OTHER FEDERAL AGEN7 CIES.— 

8 (1) IN GENERAL.—Nothing in this section af9 fects the authority of a Federal agency to provide 

10 technical or financial assistance under any other law. 

11 (2) CONSULTATION AND COORDINATION.—To 

12 the maximum extent practicable, the head of any 

13 Federal agency planning to conduct activities that 

14 may have an impact on the Heritage Area is encour15 aged to consult and coordinate the activities with the 

16 Secretary and the local coordinating entity. 

17 (3) OTHER FEDERAL AGENCIES.—Nothing in 

18 this section— 

19 (A) modifies, alters, or amends any laws 

20 (including regulations) authorizing a Federal 

21 agency to manage Federal land under the juris22 diction of the Federal agency; 

23 (B) limits the discretion of a Federal land 

24 manager to implement an approved land use 
760 

•S 22 ES

1 plan within the boundaries of the Heritage 

2 Area; or 

3 (C) modifies, alters, or amends any author4 ized use of Federal land under the jurisdiction 

5 of a Federal agency. 

6 (g) PROPERTY OWNERS AND REGULATORY PROTEC7 TIONS.—Nothing in this section— 

8 (1) abridges the rights of any owner of public 

9 or private property, including the right to refrain 

10 from participating in any plan, project, program, or 

11 activity conducted within the Heritage Area; 

12 (2) requires any property owner to— 

13 (A) permit public access (including Fed14 eral, tribal, State, or local government access) 

15 to the property; or 

16 (B) modify any provisions of Federal, trib17 al, State, or local law with regard to public ac18 cess or use of private land; 

19 (3) alters any duly adopted land use regula20 tions, approved land use plan, or any other regu21 latory authority of any Federal, State, or local agen22 cy, or tribal government; 

23 (4) conveys any land use or other regulatory 

24 authority to the local coordinating entity; 
761 

•S 22 ES

1 (5) authorizes or implies the reservation or ap2 propriation of water or water rights; 

3 (6) diminishes the authority of the State to 

4 manage fish and wildlife, including the regulation of 

5 fishing and hunting within the Heritage Area; 

6 (7) creates any liability, or affects any liability 

7 under any other law, of any private property owner 

8 with respect to any person injured on the private 

9 property; 

10 (8) restricts an Indian tribe from protecting 

11 cultural or religious sites on tribal land; or 

12 (9) diminishes the trust responsibilities of gov13 ernment-to-government obligations of the United 

14 States of any federally recognized Indian tribe. 

15 (h) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) IN GENERAL.—There is authorized to be 

17 appropriated to carry out this section $10,000,000, 

18 of which not more than $1,000,000 may be made 

19 available for any fiscal year. 

20 (2) COST-SHARING REQUIREMENT.— 

21 (A) IN GENERAL.—The Federal share of 

22 the total cost of any activity under this section 

23 shall be not more than 50 percent. 

24 (B) FORM.—The non-Federal contribu25 tion— 
762 

•S 22 ES

1 (i) shall be from non-Federal sources; 

2 and 

3 (ii) may be in the form of in-kind con4 tributions of goods or services fairly val5 ued. 

6 (i) TERMINATION OF FINANCIAL ASSISTANCE.—The 

7 authority of the Secretary to provide financial assistance 

8 under this section terminates on the date that is 15 years 

9 after the date of enactment of this Act. 

10 SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, 

11 ALABAMA. 

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

13 (1) to preserve, support, conserve, and interpret 

14 the legacy of the region represented by the Heritage 

15 Area as described in the feasibility study prepared 

16 by the National Park Service; 

17 (2) to promote heritage, cultural, and rec18 reational tourism, and to develop educational and 

19 cultural programs for visitors and the general public; 

20 (3) to recognize and interpret important events 

21 and geographic locations representing key develop22 ments in the growth of the United States, including 

23 the Native American, Colonial American, European 

24 American, and African American heritage; 
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•S 22 ES

1 (4) to recognize and interpret the manner by 

2 which the distinctive geography of the region has 

3 shaped the development of the settlement, defense, 

4 transportation, commerce, and culture of the region; 

5 (5) to provide a cooperative management frame6 work to foster a close working relationship with all 

7 levels of government, the private sector, and the 

8 local communities in the region to identify, preserve, 

9 interpret, and develop the historical, cultural, scenic, 

10 and natural resources of the region for the edu11 cational and inspirational benefit of current and fu12 ture generations; and 

13 (6) to provide appropriate linkages between 

14 units of the National Park System and communities, 

15 governments, and organizations within the Heritage 

16 Area. 

17 (b) DEFINITIONS.—In this section: 

18 (1) HERITAGE AREA.—The term ‘‘Heritage 

19 Area’’ means the Muscle Shoals National Heritage 

20 Area established by subsection (c)(1). 

21 (2) LOCAL COORDINATING ENTITY.—The term 

22 ‘‘local coordinating entity’’ means the Muscle Shoals 

23 Regional Center, the local coordinating entity for the 

24 Heritage Area designated by subsection (c)(4). 
764 

•S 22 ES

1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the plan for the Heritage Area 

3 required under subsection (d)(1)(A). 

4 (4) MAP.—The term ‘‘map’’ means the map en5 titled ‘‘Muscle Shoals National Heritage Area’’, 

6 numbered T08/80,000, and dated October 2007. 

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

8 of Alabama. 

9 (c) ESTABLISHMENT.— 

10 (1) IN GENERAL.—There is established the 

11 Muscle Shoals National Heritage Area in the State. 

12 (2) BOUNDARIES.—The Heritage Area shall be 

13 comprised of the following areas, as depicted on the 

14 map: 

15 (A) The Counties of Colbert, Franklin, 

16 Lauderdale, Lawrence, Limestone, and Morgan, 

17 Alabama. 

18 (B) The Wilson Dam. 

19 (C) The Handy Home. 

20 (D) The birthplace of Helen Keller. 

21 (3) AVAILABILITY MAP.—The map shall be on 

22 file and available for public inspection in the appro23 priate offices of the National Park Service and the 

24 local coordinating entity. 
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•S 22 ES

1 (4) LOCAL COORDINATING ENTITY.—The Mus2 cle Shoals Regional Center shall be the local coordi3 nating entity for the Heritage Area. 

4 (d) DUTIES AND AUTHORITIES OF LOCAL COORDI5 NATING ENTITY.— 

6 (1) DUTIES OF THE LOCAL COORDINATING EN7 TITY.—To further the purposes of the Heritage 

8 Area, the local coordinating entity shall— 

9 (A) prepare, and submit to the Secretary, 

10 in accordance with subsection (e), a manage11 ment plan for the Heritage Area; 

12 (B) submit an annual report to the Sec13 retary for each fiscal year for which the local 

14 coordinating entity receives Federal funds 

15 under this section specifying— 

16 (i) the accomplishments of the local 

17 coordinating entity; 

18 (ii) the expenses and income of the 

19 local coordinating entity; 

20 (iii) the amounts and sources of 

21 matching funds; 

22 (iv) the amounts leveraged with Fed23 eral funds and sources of the leveraged 

24 funds; and 
766 

•S 22 ES

1 (v) grants made to any other entities 

2 during the fiscal year; 

3 (C) make available for audit for each fiscal 

4 year for which the local coordinating entity re5 ceives Federal funds under this section, all in6 formation pertaining to the expenditure of the 

7 funds and any matching funds; 

8 (D) encourage, by appropriate means, eco9 nomic development that is consistent with the 

10 purposes of the Heritage Area; and 

11 (E) serve as a catalyst for the implementa12 tion of projects and programs among diverse 

13 partners in the Heritage Area. 

14 (2) AUTHORITIES.—The local coordinating enti15 ty may, subject to the prior approval of the Sec16 retary, for the purposes of preparing and imple17 menting the management plan, use Federal funds 

18 made available under this section to— 

19 (A) make grants to the State, political sub20 divisions of the State, nonprofit organizations, 

21 and other persons; 

22 (B) enter into cooperative agreements 

23 with, or provide technical assistance to, the 

24 State, political subdivisions of the State, non-
767 

•S 22 ES

1 profit organizations, Federal agencies, and 

2 other interested parties; 

3 (C) hire and compensate staff, including 

4 individuals with expertise in— 

5 (i) natural, historical, cultural, edu6 cational, scenic, and recreational resource 

7 conservation; 

8 (ii) economic and community develop9 ment; and 

10 (iii) heritage planning; 

11 (D) obtain funds or services from any 

12 source, including funds and services provided 

13 under any other Federal law or program; 

14 (E) contract for goods or services; and 

15 (F) support activities of partners and any 

16 other activities that further the purposes of the 

17 Heritage Area and are consistent with the ap18 proved management plan. 

19 (3) PROHIBITION ON ACQUISITION OF REAL

20 PROPERTY.—The local coordinating entity may not 

21 use Federal funds received under this section to ac22 quire any interest in real property. 

23 (e) MANAGEMENT PLAN.— 

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

25 the date on which funds are made available to de-
768 

•S 22 ES

1 velop the management plan, the local coordinating 

2 entity shall submit to the Secretary for approval a 

3 proposed management plan for the Heritage Area. 

4 (2) REQUIREMENTS.—The management plan 

5 for the Heritage Area shall— 

6 (A) describe comprehensive policies, goals, 

7 strategies, and recommendations for telling the 

8 story of the heritage of the area covered by the 

9 Heritage Area and encouraging long-term re10 source protection, enhancement, interpretation, 

11 funding, management, and development of the 

12 Heritage Area; 

13 (B) include a description of actions and 

14 commitments that Federal, State, tribal, and 

15 local governments, private organizations, and 

16 citizens plan to take to protect, enhance, inter17 pret, fund, manage, and develop the natural, 

18 historic, cultural, educational, scenic, and rec19 reational resources of the Heritage Area; 

20 (C) specify existing and potential sources 

21 of funding or economic development strategies 

22 to protect, enhance, interpret, fund, manage, 

23 and develop the Heritage Area; 

24 (D) include an inventory of the natural, 

25 historic, cultural, educational, scenic, and rec-
769 

•S 22 ES

1 reational resources of the Heritage Area relat2 ing to the stories and themes of the Heritage 

3 Area that should be protected, enhanced, inter4 preted, managed, funded, or developed; 

5 (E) recommend policies and strategies for 

6 resource management, including the develop7 ment of intergovernmental and interagency 

8 agreements to protect, enhance, interpret, fund, 

9 manage, and develop the natural, historic, cul10 tural, educational, scenic, and recreational re11 sources of the Heritage Area; 

12 (F) describe a program for implementation 

13 of the management plan, including— 

14 (i) performance goals; 

15 (ii) plans for resource protection, en16 hancement, interpretation, funding, man17 agement, and development; and 

18 (iii) specific commitments for imple19 mentation that have been made by the 

20 local coordinating entity or any Federal, 

21 State, tribal, or local government agency, 

22 organization, business, or individual; 

23 (G) include an analysis of, and rec24 ommendations for, ways in which Federal, 

25 State, tribal, and local programs may best be 
770 

•S 22 ES

1 coordinated (including the role of the National 

2 Park Service and other Federal agencies associ3 ated with the Heritage Area) to further the 

4 purposes of this section; and 

5 (H) include a business plan that— 

6 (i) describes the role, operation, fi7 nancing, and functions of the local coordi8 nating entity and of each of the major ac9 tivities described in the management plan; 

10 and 

11 (ii) provides adequate assurances that 

12 the local coordinating entity has the part13 nerships and financial and other resources 

14 necessary to implement the management 

15 plan for the Heritage Area. 

16 (3) TERMINATION OF FUNDING.—If the man17 agement plan is not submitted to the Secretary by 

18 the date that is 3 years after the date on which 

19 funds are first made available to develop the man20 agement plan, the local coordinating entity shall not 

21 qualify for additional financial assistance under this 

22 section until the management plan is submitted to, 

23 and approved by, the Secretary. 

24 (4) APPROVAL OF MANAGEMENT PLAN.— 
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•S 22 ES

1 (A) REVIEW.—Not later than 180 days 

2 after the date on which the Secretary receives 

3 the management plan, the Secretary shall ap4 prove or disapprove the management plan. 

5 (B) CONSULTATION REQUIRED.—The Sec6 retary shall consult with the Governor of the 

7 State in which the Heritage Area is located be8 fore approving the management plan. 

9 (C) CRITERIA FOR APPROVAL.—In deter10 mining whether to approve the management 

11 plan, the Secretary shall consider whether— 

12 (i) the local coordinating entity rep13 resents the diverse interests of the Herit14 age Area, including Federal, State, tribal, 

15 and local governments, natural and historic 

16 resource protection organizations, edu17 cational institutions, businesses, commu18 nity residents, recreational organizations, 

19 and private property owners; 

20 (ii) the local coordinating entity— 

21 (I) has afforded adequate oppor22 tunity for public and Federal, State, 

23 tribal, and local governmental involve24 ment (including through workshops 
772 

•S 22 ES

1 and public meetings) in the prepara2 tion of the management plan; and 

3 (II) provides for at least semi4 annual public meetings to ensure ade5 quate implementation of the manage6 ment plan; 

7 (iii) the resource protection, enhance8 ment, interpretation, funding, manage9 ment, and development strategies described 

10 in the management plan, if implemented, 

11 would adequately protect, enhance, inter12 pret, fund, manage, and develop the nat13 ural, historic, cultural, scenic, and rec14 reational resources of the Heritage Area; 

15 (iv) the management plan would not 

16 adversely affect any activities authorized 

17 on Federal land under applicable laws or 

18 land use plans; 

19 (v) the Secretary has received ade20 quate assurances from the appropriate 

21 State, tribal, and local officials whose sup22 port is needed to ensure the effective im23 plementation of the State, tribal, and local 

24 aspects of the management plan; 
773 

•S 22 ES

1 (vi) the local coordinating entity has 

2 demonstrated the financial capability, in 

3 partnership with others, to carry out the 

4 management plan; and 

5 (vii) the management plan dem6 onstrates partnerships among the local co7 ordinating entity, Federal, State, tribal, 

8 and local governments, regional planning 

9 organizations, nonprofit organizations, and 

10 private sector parties for implementation of 

11 the management plan. 

12 (D) DISAPPROVAL.— 

13 (i) IN GENERAL.—If the Secretary 

14 disapproves the management plan, the Sec15 retary— 

16 (I) shall advise the local coordi17 nating entity in writing of the reasons 

18 for the disapproval; and 

19 (II) may make recommendations 

20 to the local coordinating entity for re21 visions to the management plan. 

22 (ii) DEADLINE.—Not later than 180 

23 days after receiving a revised management 

24 plan, the Secretary shall approve or dis25 approve the revised management plan. 
774 

•S 22 ES

1 (E) AMENDMENTS.— 

2 (i) IN GENERAL.—An amendment to 

3 the management plan that substantially al4 ters the purposes of the Heritage Area 

5 shall be reviewed by the Secretary and ap6 proved or disapproved in the same manner 

7 as the original management plan. 

8 (ii) IMPLEMENTATION.—The local co9 ordinating entity shall not use Federal 

10 funds authorized by this section to imple11 ment an amendment to the management 

12 plan until the Secretary approves the 

13 amendment. 

14 (F) AUTHORITIES.—The Secretary may— 

15 (i) provide technical assistance under 

16 the authority of this section for the devel17 opment and implementation of the man18 agement plan; and 

19 (ii) enter into cooperative agreements 

20 with interested parties to carry out this 

21 section. 

22 (f) DUTIES AND AUTHORITIES OF THE SEC23 RETARY.— 

24 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 
775 

•S 22 ES

1 (A) IN GENERAL.—On the request of the 

2 local coordinating entity, the Secretary may 

3 provide technical and financial assistance, on a 

4 reimbursable or nonreimbursable basis (as de5 termined by the Secretary), to the local coordi6 nating entity to develop and implement the 

7 management plan. 

8 (B) COOPERATIVE AGREEMENTS.—The 

9 Secretary may enter into cooperative agree10 ments with the local coordinating entity and 

11 other public or private entities to provide tech12 nical or financial assistance under subpara13 graph (A). 

14 (2) EVALUATION; REPORT.— 

15 (A) IN GENERAL.—Not later than 3 years 

16 before the date on which authority for Federal 

17 funding terminates for the Heritage Area under 

18 subsection (j), the Secretary shall— 

19 (i) conduct an evaluation of the ac20 complishments of the Heritage Area; and 

21 (ii) prepare a report with rec22 ommendations for the future role of the 

23 National Park Service, if any, with respect 

24 to the Heritage Area, in accordance with 

25 subparagraph (C). 
776 

•S 22 ES

1 (B) EVALUATION.—An evaluation con2 ducted under subparagraph (A)(i) shall— 

3 (i) assess the progress of the local co4 ordinating entity with respect to— 

5 (I) accomplishing the purposes of 

6 this section for the Heritage Area; 

7 and 

8 (II) achieving the goals and ob9 jectives of the approved management 

10 plan for the Heritage Area; 

11 (ii) analyze the Federal, State, tribal, 

12 local, and private investments in the Herit13 age Area to determine the leverage and im14 pact of the investments; and 

15 (iii) review the management structure, 

16 partnership relationships, and funding of 

17 the Heritage Area for purposes of identi18 fying the critical components for sustain19 ability of the Heritage Area. 

20 (C) REPORT.— 

21 (i) IN GENERAL.—Based on the eval22 uation conducted under subparagraph 

23 (A)(i), the Secretary shall prepare a report 

24 that includes recommendations for the fu-
777 

•S 22 ES

1 ture role of the National Park Service, if 

2 any, with respect to the Heritage Area. 

3 (ii) REQUIRED ANALYSIS.—If the re4 port prepared under this subparagraph 

5 recommends that Federal funding for the 

6 Heritage Area be reauthorized, the report 

7 shall include an analysis of— 

8 (I) ways in which Federal fund9 ing for the Heritage Area may be re10 duced or eliminated; and 

11 (II) the appropriate time period 

12 necessary to achieve the recommended 

13 reduction or elimination. 

14 (iii) SUBMISSION TO CONGRESS.—On 

15 completion of a report under this subpara16 graph, the Secretary shall submit the re17 port to— 

18 (I) the Committee on Energy and 

19 Natural Resources of the Senate; and 

20 (II) the Committee on Natural 

21 Resources of the House of Represent22 atives. 

23 (g) RELATIONSHIP TO OTHER FEDERAL AGEN24 CIES.— 
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•S 22 ES

1 (1) IN GENERAL.—Nothing in this section af2 fects the authority of a Federal agency to provide 

3 technical or financial assistance under any other law. 

4 (2) CONSULTATION AND COORDINATION.—To 

5 the maximum extent practicable, the head of any 

6 Federal agency planning to conduct activities that 

7 may have an impact on the Heritage Area is encour8 aged to consult and coordinate the activities with the 

9 Secretary and the local coordinating entity to the 

10 maximum extent practicable. 

11 (3) OTHER FEDERAL AGENCIES.—Nothing in 

12 this section— 

13 (A) modifies, alters, or amends any laws 

14 (including regulations) authorizing a Federal 

15 agency to manage Federal land under the juris16 diction of the Federal agency; 

17 (B) limits the discretion of a Federal land 

18 manager to implement an approved land use 

19 plan within the boundaries of the Heritage 

20 Area; or 

21 (C) modifies, alters, or amends any author22 ized use of Federal land under the jurisdiction 

23 of a Federal agency. 

24 (h) PROPERTY OWNERS AND REGULATORY PROTEC25 TIONS.—Nothing in this section— 
779 

•S 22 ES

1 (1) abridges the rights of any owner of public 

2 or private property, including the right to refrain 

3 from participating in any plan, project, program, or 

4 activity conducted within the Heritage Area; 

5 (2) requires any property owner to— 

6 (A) permit public access (including Fed7 eral, tribal, State, or local government access) 

8 to the property; or 

9 (B) modify any provisions of Federal, trib10 al, State, or local law with regard to public ac11 cess or use of private land; 

12 (3) alters any duly adopted land use regula13 tions, approved land use plan, or any other regu14 latory authority of any Federal, State, or local agen15 cy, or tribal government; 

16 (4) conveys any land use or other regulatory 

17 authority to the local coordinating entity; 

18 (5) authorizes or implies the reservation or ap19 propriation of water or water rights; 

20 (6) diminishes the authority of the State to 

21 manage fish and wildlife, including the regulation of 

22 fishing and hunting within the Heritage Area; or 

23 (7) creates any liability, or affects any liability 

24 under any other law, of any private property owner 
780 

•S 22 ES

1 with respect to any person injured on the private 

2 property. 

3 (i) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There is authorized to be 

5 appropriated to carry out this section $10,000,000, 

6 of which not more than $1,000,000 may be made 

7 available for any fiscal year. 

8 (2) AVAILABILITY.—Funds made available 

9 under paragraph (1) shall remain available until ex10 pended. 

11 (3) COST-SHARING REQUIREMENT.— 

12 (A) IN GENERAL.—The Federal share of 

13 the total cost of any activity under this section 

14 shall be not more than 50 percent. 

15 (B) FORM.—The non-Federal contribution 

16 may be in the form of in-kind contributions of 

17 goods or services fairly valued. 

18 (4) USE OF FEDERAL FUNDS FROM OTHER

19 SOURCES.—Nothing in this section precludes the 

20 local coordinating entity from using Federal funds 

21 available under provisions of law other than this sec22 tion for the purposes for which those funds were au23 thorized. 

24 (j) TERMINATION OF EFFECTIVENESS.—The author25 ity of the Secretary to provide financial assistance under 
781 

•S 22 ES

1 this section terminates on the date that is 15 years after 

2 the date of enactment of this Act. 

3 SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL 

4 HERITAGE AREA, ALASKA. 

5 (a) DEFINITIONS.—In this section: 

6 (1) HERITAGE AREA.—The term ‘‘Heritage 

7 Area’’ means the Kenai Mountains-Turnagain Arm 

8 National Heritage Area established by subsection 

9 (b)(1). 

10 (2) LOCAL COORDINATING ENTITY.—The term 

11 ‘‘local coordinating entity’’ means the Kenai Moun12 tains-Turnagain Arm Corridor Communities Asso13 ciation. 

14 (3) MANAGEMENT PLAN.—The term ‘‘manage15 ment plan’’ means the plan prepared by the local co16 ordinating entity for the Heritage Area that specifies 

17 actions, policies, strategies, performance goals, and 

18 recommendations to meet the goals of the Heritage 

19 Area, in accordance with this section. 

20 (4) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Proposed Kenai Mountains-Turnagain Arm 

22 NHA’’ and dated August 7, 2007. 

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

24 the Secretary of the Interior. 
782 

•S 22 ES

1 (b) DESIGNATION OF THE KENAI MOUNTAINS2 TURNAGAIN ARM NATIONAL HERITAGE AREA.— 

3 (1) ESTABLISHMENT.—There is established the 

4 Kenai Mountains-Turnagain Arm National Heritage 

5 Area. 

6 (2) BOUNDARIES.—The Heritage Area shall be 

7 comprised of the land in the Kenai Mountains and 

8 upper Turnagain Arm region, as generally depicted 

9 on the map. 

10 (3) AVAILABILITY OF MAP.—The map shall be 

11 on file and available for public inspection in— 

12 (A) the appropriate offices of the Forest 

13 Service, Chugach National Forest; 

14 (B) the Alaska Regional Office of the Na15 tional Park Service; and 

16 (C) the office of the Alaska State Historic 

17 Preservation Officer. 

18 (c) MANAGEMENT PLAN.— 

19 (1) LOCAL COORDINATING ENTITY.—The local 

20 coordinating entity, in partnership with other inter21 ested parties, shall develop a management plan for 

22 the Heritage Area in accordance with this section. 

23 (2) REQUIREMENTS.—The management plan 

24 for the Heritage Area shall— 
783 

•S 22 ES

1 (A) describe comprehensive policies, goals, 

2 strategies, and recommendations for use in— 

3 (i) telling the story of the heritage of 

4 the area covered by the Heritage Area; and 

5 (ii) encouraging long-term resource 

6 protection, enhancement, interpretation, 

7 funding, management, and development of 

8 the Heritage Area; 

9 (B) include a description of actions and 

10 commitments that the Federal Government, 

11 State, tribal, and local governments, private or12 ganizations, and citizens will take to protect, 

13 enhance, interpret, fund, manage, and develop 

14 the natural, historical, cultural, educational, 

15 scenic, and recreational resources of the Herit16 age Area; 

17 (C) specify existing and potential sources 

18 of funding or economic development strategies 

19 to protect, enhance, interpret, fund, manage, 

20 and develop the Heritage Area; 

21 (D) include an inventory of the natural, 

22 historical, cultural, educational, scenic, and rec23 reational resources of the Heritage Area relat24 ing to the national importance and themes of 

25 the Heritage Area that should be protected, en-
784 

•S 22 ES

1 hanced, interpreted, managed, funded, and de2 veloped; 

3 (E) recommend policies and strategies for 

4 resource management, including the develop5 ment of intergovernmental and interagency 

6 agreements to protect, enhance, interpret, fund, 

7 manage, and develop the natural, historical, cul8 tural, educational, scenic, and recreational re9 sources of the Heritage Area; 

10 (F) describe a program for implementation 

11 for the management plan, including— 

12 (i) performance goals; 

13 (ii) plans for resource protection, en14 hancement, interpretation, funding, man15 agement, and development; and 

16 (iii) specific commitments for imple17 mentation that have been made by the 

18 local coordinating entity or any Federal, 

19 State, tribal, or local government agency, 

20 organization, business, or individual; 

21 (G) include an analysis of, and rec22 ommendations for, means by which Federal, 

23 State, tribal, and local programs may best be 

24 coordinated (including the role of the National 

25 Park Service, the Forest Service, and other 
785 

•S 22 ES

1 Federal agencies associated with the Heritage 

2 Area) to further the purposes of this section; 

3 and 

4 (H) include a business plan that— 

5 (i) describes the role, operation, fi6 nancing, and functions of the local coordi7 nating entity and each of the major activi8 ties contained in the management plan; 

9 and 

10 (ii) provides adequate assurances that 

11 the local coordinating entity has the part12 nerships and financial and other resources 

13 necessary to implement the management 

14 plan for the Heritage Area. 

15 (3) DEADLINE.— 

16 (A) IN GENERAL.—Not later than 3 years 

17 after the date on which funds are first made 

18 available to develop the management plan after 

19 the date of enactment of this Act, the local co20 ordinating entity shall submit the management 

21 plan to the Secretary for approval. 

22 (B) TERMINATION OF FUNDING.—If the 

23 management plan is not submitted to the Sec24 retary in accordance with subparagraph (A), 

25 the local coordinating entity shall not qualify 
786 

•S 22 ES

1 for any additional financial assistance under 

2 this section until such time as the management 

3 plan is submitted to and approved by the Sec4 retary. 

5 (4) APPROVAL OF MANAGEMENT PLAN.— 

6 (A) REVIEW.—Not later than 180 days 

7 after receiving the management plan under 

8 paragraph (3), the Secretary shall review and 

9 approve or disapprove the management plan for 

10 a Heritage Area on the basis of the criteria es11 tablished under subparagraph (C). 

12 (B) CONSULTATION.—The Secretary shall 

13 consult with the Governor of the State in which 

14 the Heritage Area is located before approving a 

15 management plan for the Heritage Area. 

16 (C) CRITERIA FOR APPROVAL.—In deter17 mining whether to approve a management plan 

18 for the Heritage Area, the Secretary shall con19 sider whether— 

20 (i) the local coordinating entity rep21 resents the diverse interests of the Herit22 age Area, including the Federal Govern23 ment, State, tribal, and local governments, 

24 natural and historical resource protection 

25 organizations, educational institutions, 
787 

•S 22 ES

1 businesses, recreational organizations, 

2 community residents, and private property 

3 owners; 

4 (ii) the local coordinating entity— 

5 (I) has afforded adequate oppor6 tunity for public and Federal, State, 

7 tribal, and local governmental involve8 ment (including through workshops 

9 and hearings) in the preparation of 

10 the management plan; and 

11 (II) provides for at least semi12 annual public meetings to ensure ade13 quate implementation of the manage14 ment plan; 

15 (iii) the resource protection, enhance16 ment, interpretation, funding, manage17 ment, and development strategies described 

18 in the management plan, if implemented, 

19 would adequately protect, enhance, inter20 pret, fund, manage, and develop the nat21 ural, historical, cultural, educational, sce22 nic, and recreational resources of the Her23 itage Area; 

24 (iv) the management plan would not 

25 adversely affect any activities authorized 
788 

•S 22 ES

1 on Federal land under public land laws or 

2 land use plans; 

3 (v) the local coordinating entity has 

4 demonstrated the financial capability, in 

5 partnership with other interested parties, 

6 to carry out the plan; 

7 (vi) the Secretary has received ade8 quate assurances from the appropriate 

9 State, tribal, and local officials whose sup10 port is needed to ensure the effective im11 plementation of the State, tribal, and local 

12 elements of the management plan; and 

13 (vii) the management plan dem14 onstrates partnerships among the local co15 ordinating entity, Federal Government, 

16 State, tribal, and local governments, re17 gional planning organizations, nonprofit 

18 organizations, or private sector parties for 

19 implementation of the management plan. 

20 (D) DISAPPROVAL.— 

21 (i) IN GENERAL.—If the Secretary 

22 disapproves the management plan, the Sec23 retary— 
789 

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1 (I) shall advise the local coordi2 nating entity in writing of the reasons 

3 for the disapproval; and 

4 (II) may make recommendations 

5 to the local coordinating entity for re6 visions to the management plan. 

7 (ii) DEADLINE.—Not later than 180 

8 days after receiving a revised management 

9 plan, the Secretary shall approve or dis10 approve the revised management plan. 

11 (E) AMENDMENTS.— 

12 (i) IN GENERAL.—An amendment to 

13 the management plan that substantially al14 ters the purposes of the Heritage Area 

15 shall be reviewed by the Secretary and ap16 proved or disapproved in the same manner 

17 as the original management plan. 

18 (ii) IMPLEMENTATION.—The local co19 ordinating entity shall not use Federal 

20 funds authorized by this section to imple21 ment an amendment to the management 

22 plan until the Secretary approves the 

23 amendment. 

24 (F) AUTHORITIES.—The Secretary may— 
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1 (i) provide technical assistance under 

2 the authority of this section for the devel3 opment and implementation of the man4 agement plan; and 

5 (ii) enter into cooperative agreements 

6 with interested parties to carry out this 

7 section. 

8 (d) EVALUATION; REPORT.— 

9 (1) IN GENERAL.—Not later than 3 years be10 fore the date on which authority for Federal funding 

11 terminates for the Heritage Area under this section, 

12 the Secretary shall— 

13 (A) conduct an evaluation of the accom14 plishments of the Heritage Area; and 

15 (B) prepare a report in accordance with 

16 paragraph (3). 

17 (2) EVALUATION.—An evaluation conducted 

18 under paragraph (1)(A) shall— 

19 (A) assess the progress of the local coordi20 nating entity with respect to— 

21 (i) accomplishing the purposes of the 

22 authorizing legislation for the Heritage 

23 Area; and 
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1 (ii) achieving the goals and objectives 

2 of the approved management plan for the 

3 Heritage Area; 

4 (B) analyze the Federal, State, tribal, 

5 local, and private investments in the Heritage 

6 Area to determine the impact of the invest7 ments; and 

8 (C) review the management structure, 

9 partnership relationships, and funding of the 

10 Heritage Area for purposes of identifying the 

11 critical components for sustainability of the 

12 Heritage Area. 

13 (3) REPORT.—Based on the evaluation con14 ducted under paragraph (1)(A), the Secretary shall 

15 submit to the Committee on Energy and Natural 

16 Resources of the Senate and the Committee on Nat17 ural Resources of the House of Representatives a re18 port that includes recommendations for the future 

19 role of the National Park Service, if any, with re20 spect to the Heritage Area. 

21 (e) LOCAL COORDINATING ENTITY.— 

22 (1) DUTIES.—To further the purposes of the 

23 Heritage Area, in addition to developing the man24 agement plan for the Heritage Area under sub25 section (c), the local coordinating entity shall— 
792 

•S 22 ES

1 (A) serve to facilitate and expedite the im2 plementation of projects and programs among 

3 diverse partners in the Heritage Area; 

4 (B) submit an annual report to the Sec5 retary for each fiscal year for which the local 

6 coordinating entity receives Federal funds 

7 under this section, specifying— 

8 (i) the specific performance goals and 

9 accomplishments of the local coordinating 

10 entity; 

11 (ii) the expenses and income of the 

12 local coordinating entity; 

13 (iii) the amounts and sources of 

14 matching funds; 

15 (iv) the amounts leveraged with Fed16 eral funds and sources of the leveraging; 

17 and 

18 (v) grants made to any other entities 

19 during the fiscal year; 

20 (C) make available for audit for each fiscal 

21 year for which the local coordinating entity re22 ceives Federal funds under this section, all in23 formation pertaining to the expenditure of the 

24 funds and any matching funds; and 
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•S 22 ES

1 (D) encourage economic viability and sus2 tainability that is consistent with the purposes 

3 of the Heritage Area. 

4 (2) AUTHORITIES.—For the purpose of pre5 paring and implementing the approved management 

6 plan for the Heritage Area under subsection (c), the 

7 local coordinating entity may use Federal funds 

8 made available under this section— 

9 (A) to make grants to political jurisdic10 tions, nonprofit organizations, and other parties 

11 within the Heritage Area; 

12 (B) to enter into cooperative agreements 

13 with or provide technical assistance to political 

14 jurisdictions, nonprofit organizations, Federal 

15 agencies, and other interested parties; 

16 (C) to hire and compensate staff, including 

17 individuals with expertise in— 

18 (i) natural, historical, cultural, edu19 cational, scenic, and recreational resource 

20 conservation; 

21 (ii) economic and community develop22 ment; and 

23 (iii) heritage planning; 

24 (D) to obtain funds or services from any 

25 source, including other Federal programs; 
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•S 22 ES

1 (E) to enter into contracts for goods or 

2 services; and 

3 (F) to support activities of partners and 

4 any other activities that further the purposes of 

5 the Heritage Area and are consistent with the 

6 approved management plan. 

7 (3) PROHIBITION ON ACQUISITION OF REAL

8 PROPERTY.—The local coordinating entity may not 

9 use Federal funds authorized under this section to 

10 acquire any interest in real property. 

11 (f) RELATIONSHIP TO OTHER FEDERAL AGEN12 CIES.— 

13 (1) IN GENERAL.—Nothing in this section af14 fects the authority of a Federal agency to provide 

15 technical or financial assistance under any other 

16 provision of law. 

17 (2) CONSULTATION AND COORDINATION.—The 

18 head of any Federal agency planning to conduct ac19 tivities that may have an impact on a Heritage Area 

20 is encouraged to consult and coordinate the activities 

21 with the Secretary and the local coordinating entity, 

22 to the maximum extent practicable. 

23 (3) OTHER FEDERAL AGENCIES.—Nothing in 

24 this section— 
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•S 22 ES

1 (A) modifies, alters, or amends any law 

2 (including a regulation) authorizing a Federal 

3 agency to manage Federal land under the juris4 diction of the Federal agency; 

5 (B) limits the discretion of a Federal land 

6 manager to implement an approved land use 

7 plan within the boundaries of a Heritage Area; 

8 or 

9 (C) modifies, alters, or amends any author10 ized use of Federal land under the jurisdiction 

11 of a Federal agency. 

12 (g) PRIVATE PROPERTY AND REGULATORY PROTEC13 TIONS.—Nothing in this section— 

14 (1) abridges the rights of any property owner 

15 (whether public or private), including the right to re16 frain from participating in any plan, project, pro17 gram, or activity conducted within the Heritage 

18 Area; 

19 (2) requires any property owner to permit pub20 lic access (including access by Federal, State, tribal, 

21 or local agencies) to the property of the property 

22 owner, or to modify public access or use of property 

23 of the property owner under any other Federal, 

24 State, tribal, or local law; 
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•S 22 ES

1 (3) alters any duly adopted land use regulation, 

2 approved land use plan, or other regulatory author3 ity (such as the authority to make safety improve4 ments or increase the capacity of existing roads or 

5 to construct new roads) of any Federal, State, tribal, 

6 or local agency, or conveys any land use or other 

7 regulatory authority to any local coordinating entity, 

8 including development and management of energy or 

9 water or water-related infrastructure; 

10 (4) authorizes or implies the reservation or ap11 propriation of water or water rights; 

12 (5) diminishes the authority of any State to 

13 manage fish and wildlife, including the regulation of 

14 fishing and hunting within the Heritage Area; or 

15 (6) creates any liability, or affects any liability 

16 under any other law, of any private property owner 

17 with respect to any person injured on the private 

18 property. 

19 (h) FUNDING.— 

20 (1) AUTHORIZATION OF APPROPRIATIONS.— 

21 Subject to paragraph (2), there is authorized to be 

22 appropriated to carry out this section $1,000,000 for 

23 each fiscal year, to remain available until expended. 
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1 (2) LIMITATION ON TOTAL AMOUNTS APPRO2 PRIATED.—Not more than a total of $10,000,000 

3 may be made available to carry out this section. 

4 (3) COST-SHARING.— 

5 (A) IN GENERAL.—The Federal share of 

6 the total cost of any activity carried out under 

7 this section shall not exceed 50 percent. 

8 (B) FORM OF NON-FEDERAL SHARE.—The 

9 non-Federal share of the cost of any activity 

10 carried out under this section may be provided 

11 in the form of in-kind contributions of goods or 

12 services fairly valued. 

13 (i) TERMINATION OF AUTHORITY.—The authority of 

14 the Secretary to provide financial assistance under this 

15 section terminates on the date that is 15 years after the 

16 date of enactment of this Act. 

17 Subtitle B—Studies 

18 SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEOR19 GIA. 

20 (a) DEFINITIONS.—In this section: 

21 (1) CORRIDOR.—The term ‘‘Corridor’’ means 

22 the Chattahoochee Trace National Heritage Cor23 ridor. 

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

25 the Secretary of the Interior. 
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1 (3) STUDY AREA.—The term ‘‘study area’’ 

2 means the study area described in subsection (b)(2). 

3 (b) STUDY.— 

4 (1) IN GENERAL.—The Secretary, in consulta5 tion with State historic preservation officers, State 

6 historical societies, State tourism offices, and other 

7 appropriate organizations or agencies, shall conduct 

8 a study to assess the suitability and feasibility of 

9 designating the study area as the Chattahoochee 

10 Trace National Heritage Corridor. 

11 (2) STUDY AREA.—The study area includes— 

12 (A) the portion of the Apalachicola-Chat13 tahoochee-Flint River Basin and surrounding 

14 areas, as generally depicted on the map entitled 

15 ‘‘Chattahoochee Trace National Heritage Cor16 ridor, Alabama/Georgia’’, numbered T05/80000, 

17 and dated July 2007; and 

18 (B) any other areas in the State of Ala19 bama or Georgia that— 

20 (i) have heritage aspects that are 

21 similar to the areas depicted on the map 

22 described in subparagraph (A); and 

23 (ii) are adjacent to, or in the vicinity 

24 of, those areas. 
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•S 22 ES

1 (3) REQUIREMENTS.—The study shall include 

2 analysis, documentation, and determinations on 

3 whether the study area— 

4 (A) has an assemblage of natural, historic, 

5 and cultural resources that— 

6 (i) represent distinctive aspects of the 

7 heritage of the United States; 

8 (ii) are worthy of recognition, con9 servation, interpretation, and continuing 

10 use; and 

11 (iii) would be best managed— 

12 (I) through partnerships among 

13 public and private entities; and 

14 (II) by linking diverse and some15 times noncontiguous resources and ac16 tive communities; 

17 (B) reflects traditions, customs, beliefs, 

18 and folklife that are a valuable part of the story 

19 of the United States; 

20 (C) provides— 

21 (i) outstanding opportunities to con22 serve natural, historic, cultural, or scenic 

23 features; and 

24 (ii) outstanding recreational and edu25 cational opportunities; 
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•S 22 ES

1 (D) contains resources that— 

2 (i) are important to any identified 

3 themes of the study area; and 

4 (ii) retain a degree of integrity capa5 ble of supporting interpretation; 

6 (E) includes residents, business interests, 

7 nonprofit organizations, and State and local 

8 governments that— 

9 (i) are involved in the planning of the 

10 Corridor; 

11 (ii) have developed a conceptual finan12 cial plan that outlines the roles of all par13 ticipants in the Corridor, including the 

14 Federal Government; and 

15 (iii) have demonstrated support for 

16 the designation of the Corridor; 

17 (F) has a potential management entity to 

18 work in partnership with the individuals and 

19 entities described in subparagraph (E) to de20 velop the Corridor while encouraging State and 

21 local economic activity; and 

22 (G) has a conceptual boundary map that is 

23 supported by the public. 

24 (c) REPORT.—Not later than the 3rd fiscal year after 

25 the date on which funds are first made available to carry 
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•S 22 ES

1 out this section, the Secretary shall submit to the Com2 mittee on Natural Resources of the House of Representa3 tives and the Committee on Energy and Natural Re4 sources of the Senate a report that describes— 

5 (1) the findings of the study; and 

6 (2) any conclusions and recommendations of the 

7 Secretary. 

8 SEC. 8102. NORTHERN NECK, VIRGINIA. 

9 (a) DEFINITIONS.—In this section: 

10 (1) PROPOSED HERITAGE AREA.—The term 

11 ‘‘proposed Heritage Area’’ means the proposed 

12 Northern Neck National Heritage Area. 

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

14 of Virginia. 

15 (3) STUDY AREA.—The term ‘‘study area’’ 

16 means the area that is comprised of— 

17 (A) the area of land located between the 

18 Potomac and Rappahannock rivers of the east19 ern coastal region of the State; 

20 (B) Westmoreland, Northumberland, Rich21 mond, King George, and Lancaster Counties of 

22 the State; and 

23 (C) any other area that— 
802 

•S 22 ES

1 (i) has heritage aspects that are simi2 lar to the heritage aspects of the areas de3 scribed in subparagraph (A) or (B); and 

4 (ii) is located adjacent to, or in the vi5 cinity of, those areas. 

6 (b) STUDY.— 

7 (1) IN GENERAL.—In accordance with para8 graphs (2) and (3), the Secretary, in consultation 

9 with appropriate State historic preservation officers, 

10 State historical societies, and other appropriate or11 ganizations, shall conduct a study to determine the 

12 suitability and feasibility of designating the study 

13 area as the Northern Neck National Heritage Area. 

14 (2) REQUIREMENTS.—The study shall include 

15 analysis, documentation, and determinations on 

16 whether the study area— 

17 (A) has an assemblage of natural, histor18 ical, cultural, educational, scenic, or rec19 reational resources that together are nationally 

20 important to the heritage of the United States; 

21 (B) represents distinctive aspects of the 

22 heritage of the United States worthy of recogni23 tion, conservation, interpretation, and con24 tinuing use; 
803 

•S 22 ES

1 (C) is best managed as such an assemblage 

2 through partnerships among public and private 

3 entities at the local or regional level; 

4 (D) reflects traditions, customs, beliefs, 

5 and folklife that are a valuable part of the her6 itage of the United States; 

7 (E) provides outstanding opportunities to 

8 conserve natural, historical, cultural, or scenic 

9 features; 

10 (F) provides outstanding recreational or 

11 educational opportunities; 

12 (G) contains resources and has traditional 

13 uses that have national importance; 

14 (H) includes residents, business interests, 

15 nonprofit organizations, and appropriate Fed16 eral agencies and State and local governments 

17 that are involved in the planning of, and have 

18 demonstrated significant support for, the des19 ignation and management of the proposed Her20 itage Area; 

21 (I) has a proposed local coordinating entity 

22 that is responsible for preparing and imple23 menting the management plan developed for the 

24 proposed Heritage Area; 
804 

•S 22 ES

1 (J) with respect to the designation of the 

2 study area, has the support of the proposed 

3 local coordinating entity and appropriate Fed4 eral agencies and State and local governments, 

5 each of which has documented the commitment 

6 of the entity to work in partnership with each 

7 other entity to protect, enhance, interpret, fund, 

8 manage, and develop the resources located in 

9 the study area; 

10 (K) through the proposed local coordi11 nating entity, has developed a conceptual finan12 cial plan that outlines the roles of all partici13 pants (including the Federal Government) in 

14 the management of the proposed Heritage Area; 

15 (L) has a proposal that is consistent with 

16 continued economic activity within the area; 

17 and 

18 (M) has a conceptual boundary map that is 

19 supported by the public and appropriate Fed20 eral agencies. 

21 (3) ADDITIONAL CONSULTATION REQUIRE22 MENT.—In conducting the study under paragraph 

23 (1), the Secretary shall— 

24 (A) consult with the managers of any Fed25 eral land located within the study area; and 
805 

•S 22 ES

1 (B) before making any determination with 

2 respect to the designation of the study area, se3 cure the concurrence of each manager with re4 spect to each finding of the study. 

5 (c) DETERMINATION.— 

6 (1) IN GENERAL.—The Secretary, in consulta7 tion with the Governor of the State, shall review, 

8 comment on, and determine if the study area meets 

9 each requirement described in subsection (b)(2) for 

10 designation as a national heritage area. 

11 (2) REPORT.— 

12 (A) IN GENERAL.—Not later than 3 fiscal 

13 years after the date on which funds are first 

14 made available to carry out the study, the Sec15 retary shall submit a report describing the find16 ings, conclusions, and recommendations of the 

17 study to— 

18 (i) the Committee on Energy and 

19 Natural Resources of the Senate; and 

20 (ii) the Committee on Natural Re21 sources of the House of Representatives. 

22 (B) REQUIREMENTS.— 

23 (i) IN GENERAL.—The report shall 

24 contain— 
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•S 22 ES

1 (I) any comments that the Sec2 retary has received from the Governor 

3 of the State relating to the designa4 tion of the study area as a national 

5 heritage area; and 

6 (II) a finding as to whether the 

7 study area meets each requirement 

8 described in subsection (b)(2) for des9 ignation as a national heritage area. 

10 (ii) DISAPPROVAL.—If the Secretary 

11 determines that the study area does not 

12 meet any requirement described in sub13 section (b)(2) for designation as a national 

14 heritage area, the Secretary shall include 

15 in the report a description of each reason 

16 for the determination. 

17 Subtitle C—Amendments Relating 

18 to National Heritage Corridors 

19 SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY 

20 NATIONAL HERITAGE CORRIDOR. 

21 (a) TERMINATION OF AUTHORITY.—Section 106(b) 

22 of the Quinebaug and Shetucket Rivers Valley National 

23 Heritage Corridor Act of 1994 (16 U.S.C. 461 note; Pub24 lic Law 103–449) is amended by striking ‘‘September 30, 

25 2009’’ and inserting ‘‘September 30, 2015’’. 
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•S 22 ES

1 (b) EVALUATION; REPORT.—Section 106 of the 

2 Quinebaug and Shetucket Rivers Valley National Heritage 

3 Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 

4 103–449) is amended by adding at the end the following: 

5 ‘‘(c) EVALUATION; REPORT.— 

6 ‘‘(1) IN GENERAL.—Not later than 3 years be7 fore the date on which authority for Federal funding 

8 terminates for the Corridor, the Secretary shall— 

9 ‘‘(A) conduct an evaluation of the accom10 plishments of the Corridor; and 

11 ‘‘(B) prepare a report in accordance with 

12 paragraph (3). 

13 ‘‘(2) EVALUATION.—An evaluation conducted 

14 under paragraph (1)(A) shall— 

15 ‘‘(A) assess the progress of the manage16 ment entity with respect to— 

17 ‘‘(i) accomplishing the purposes of 

18 this title for the Corridor; and 

19 ‘‘(ii) achieving the goals and objectives 

20 of the management plan for the Corridor; 

21 ‘‘(B) analyze the Federal, State, local, and 

22 private investments in the Corridor to deter23 mine the leverage and impact of the invest24 ments; and 
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•S 22 ES

1 ‘‘(C) review the management structure, 

2 partnership relationships, and funding of the 

3 Corridor for purposes of identifying the critical 

4 components for sustainability of the Corridor. 

5 ‘‘(3) REPORT.— 

6 ‘‘(A) IN GENERAL.—Based on the evalua7 tion conducted under paragraph (1)(A), the 

8 Secretary shall prepare a report that includes 

9 recommendations for the future role of the Na10 tional Park Service, if any, with respect to the 

11 Corridor. 

12 ‘‘(B) REQUIRED ANALYSIS.—If the report 

13 prepared under subparagraph (A) recommends 

14 that Federal funding for the Corridor be reau15 thorized, the report shall include an analysis 

16 of— 

17 ‘‘(i) ways in which Federal funding 

18 for the Corridor may be reduced or elimi19 nated; and 

20 ‘‘(ii) the appropriate time period nec21 essary to achieve the recommended reduc22 tion or elimination. 

23 ‘‘(C) SUBMISSION TO CONGRESS.—On 

24 completion of the report, the Secretary shall 

25 submit the report to— 
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•S 22 ES

1 ‘‘(i) the Committee on Energy and 

2 Natural Resources of the Senate; and 

3 ‘‘(ii) the Committee on Natural Re4 sources of the House of Representatives.’’. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 109(a) of the Quinebaug and Shetucket Rivers Valley Na7 tional Heritage Corridor Act of 1994 (16 U.S.C. 461 note; 

8 Public Law 103–449) is amended by striking 

9 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

10 SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE 

11 CORRIDOR. 

12 The Delaware and Lehigh National Heritage Cor13 ridor Act of 1988 (16 U.S.C. 461 note; Public Law 100– 

14 692) is amended— 

15 (1) in section 9— 

16 (A) by striking ‘‘The Commission’’ and in17 serting the following: 

18 ‘‘(a) IN GENERAL.—The Commission’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(b) CORPORATION AS LOCAL COORDINATING ENTI21 TY.—Beginning on the date of enactment of the Omnibus 

22 Public Land Management Act of 2009, the Corporation 

23 shall be the local coordinating entity for the Corridor. 
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•S 22 ES

1 ‘‘(c) IMPLEMENTATION OF MANAGEMENT PLAN.— 

2 The Corporation shall assume the duties of the Commis3 sion for the implementation of the Plan. 

4 ‘‘(d) USE OF FUNDS.—The Corporation may use 

5 Federal funds made available under this Act— 

6 ‘‘(1) to make grants to, and enter into coopera7 tive agreements with, the Federal Government, the 

8 Commonwealth, political subdivisions of the Com9 monwealth, nonprofit organizations, and individuals; 

10 ‘‘(2) to hire, train, and compensate staff; and 

11 ‘‘(3) to enter into contracts for goods and serv12 ices. 

13 ‘‘(e) RESTRICTION ON USE OF FUNDS.—The Cor14 poration may not use Federal funds made available under 

15 this Act to acquire land or an interest in land.’’; 

16 (2) in section 10— 

17 (A) in the first sentence of subsection (c), 

18 by striking ‘‘shall assist the Commission’’ and 

19 inserting ‘‘shall, on the request of the Corpora20 tion, assist’’; 

21 (B) in subsection (d)— 

22 (i) by striking ‘‘Commission’’ each 

23 place it appears and inserting ‘‘Corpora24 tion’’; 
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1 (ii) by striking ‘‘The Secretary’’ and 

2 inserting the following: 

3 ‘‘(1) IN GENERAL.—The Secretary’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec7 retary may enter into cooperative agreements with 

8 the Corporation and other public or private entities 

9 for the purpose of providing technical assistance and 

10 grants under paragraph (1). 

11 ‘‘(3) PRIORITY.—In providing assistance to the 

12 Corporation under paragraph (1), the Secretary 

13 shall give priority to activities that assist in— 

14 ‘‘(A) conserving the significant natural, 

15 historic, cultural, and scenic resources of the 

16 Corridor; and 

17 ‘‘(B) providing educational, interpretive, 

18 and recreational opportunities consistent with 

19 the purposes of the Corridor.’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(e) TRANSITION MEMORANDUM OF UNDER22 STANDING.—The Secretary shall enter into a memo23 randum of understanding with the Corporation to en24 sure— 
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•S 22 ES

1 ‘‘(1) appropriate transition of management of 

2 the Corridor from the Commission to the Corpora3 tion; and 

4 ‘‘(2) coordination regarding the implementation 

5 of the Plan.’’; 

6 (3) in section 11, in the matter preceding para7 graph (1), by striking ‘‘directly affecting’’; 

8 (4) in section 12— 

9 (A) in subsection (a), by striking ‘‘Com10 mission’’ each place it appears and inserting 

11 ‘‘Corporation’’; 

12 (B) in subsection (c)(1), by striking 

13 ‘‘2007’’ and inserting ‘‘2012’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(d) TERMINATION OF ASSISTANCE.—The authority 

16 of the Secretary to provide financial assistance under this 

17 Act terminates on the date that is 5 years after the date 

18 of enactment of this subsection.’’; and 

19 (5) in section 14— 

20 (A) by redesignating paragraphs (4), (5), 

21 and (6) as paragraphs (5), (6), and (7), respec22 tively; and 

23 (B) by inserting after paragraph (3) the 

24 following: 
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•S 22 ES

1 ‘‘(4) the term ‘Corporation’ means the Dela2 ware & Lehigh National Heritage Corridor, Incor3 porated, an organization described in section 

4 501(c)(3), and exempt from Federal tax under sec5 tion 501(a), of the Internal Revenue Code of 1986;’’. 

6 SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE COR7 RIDOR. 

8 The Erie Canalway National Heritage Corridor Act 

9 (16 U.S.C. 461 note; Public Law 106–554) is amended— 

10 (1) in section 804— 

11 (A) in subsection (b)— 

12 (i) in the matter preceding paragraph 

13 (1), by striking ‘‘27’’ and inserting ‘‘at 

14 least 21 members, but not more than 27’’; 

15 (ii) in paragraph (2), by striking ‘‘En16 vironment’’ and inserting ‘‘Environ17 mental’’; and 

18 (iii) in paragraph (3)— 

19 (I) in the matter preceding sub20 paragraph (A), by striking ‘‘19’’; 

21 (II) by striking subparagraph 

22 (A); 

23 (III) by redesignating subpara24 graphs (B) and (C) as subparagraphs 

25 (A) and (B), respectively; 
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•S 22 ES

1 (IV) in subparagraph (B) (as re2 designated by subclause (III)), by 

3 striking the second sentence; and 

4 (V) by inserting after subpara5 graph (B) (as redesignated by sub6 clause (III)) the following: 

7 ‘‘(C) The remaining members shall be— 

8 ‘‘(i) appointed by the Secretary, based 

9 on recommendations from each member of 

10 the House of Representatives, the district 

11 of which encompasses the Corridor; and 

12 ‘‘(ii) persons that are residents of, or 

13 employed within, the applicable congres14 sional districts.’’; 

15 (B) in subsection (f), by striking ‘‘Four16 teen members of the Commission’’ and inserting 

17 ‘‘A majority of the serving Commissioners’’; 

18 (C) in subsection (g), by striking ‘‘14 of its 

19 members’’ and inserting ‘‘a majority of the 

20 serving Commissioners’’; 

21 (D) in subsection (h), by striking para22 graph (4) and inserting the following: 

23 ‘‘(4)(A) to appoint any staff that may be nec24 essary to carry out the duties of the Commission, 

25 subject to the provisions of title 5, United States 
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1 Code, relating to appointments in the competitive 

2 service; and 

3 ‘‘(B) to fix the compensation of the staff, in ac4 cordance with the provisions of chapter 51 and sub5 chapter III of chapter 53 of title 5, United States 

6 Code, relating to the classification of positions and 

7 General Schedule pay rates;’’; and 

8 (E) in subsection (j), by striking ‘‘10 

9 years’’ and inserting ‘‘15 years’’; 

10 (2) in section 807— 

11 (A) in subsection (e), by striking ‘‘with re12 gard to the preparation and approval of the 

13 Canalway Plan’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the 

16 availability of appropriations, the Superintendent of Sara17 toga National Historical Park may, on request, provide 

18 to public and private organizations in the Corridor (includ19 ing the Commission) any operational assistance that is ap20 propriate to assist with the implementation of the 

21 Canalway Plan.’’; and 

22 (3) in section 810(a)(1), in the first sentence, 

23 by striking ‘‘any fiscal year’’ and inserting ‘‘any fis24 cal year, to remain available until expended’’. 
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1 SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY 

2 NATIONAL HERITAGE CORRIDOR. 

3 Section 3(b)(2) of Public Law 99–647 (16 U.S.C. 

4 461 note; 100 Stat. 3626, 120 Stat. 1857) is amended— 

5 (1) by striking ‘‘shall be the the’’ and inserting 

6 ‘‘shall be the’’; and 

7 (2) by striking ‘‘Directors from Massachusetts 

8 and Rhode Island;’’ and inserting ‘‘Directors from 

9 Massachusetts and Rhode Island, ex officio, or their 

10 delegates;’’. 

11 TITLE IX—BUREAU OF REC12 LAMATION AUTHORIZATIONS 

13 Subtitle A—Feasibility Studies 

14 SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, 

15 IDAHO. 

16 (a) IN GENERAL.—The Secretary of the Interior, act17 ing through the Bureau of Reclamation, may conduct fea18 sibility studies on projects that address water shortages 

19 within the Snake, Boise, and Payette River systems in the 

20 State of Idaho, and are considered appropriate for further 

21 study by the Bureau of Reclamation Boise Payette water 

22 storage assessment report issued during 2006. 

23 (b) BUREAU OF RECLAMATION.—A study conducted 

24 under this section shall comply with Bureau of Reclama25 tion policy standards and guidelines for studies. 
817 

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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary of the Inte3 rior to carry out this section $3,000,000. 

4 (d) TERMINATION OF EFFECTIVENESS.—The au5 thority provided by this section terminates on the date 

6 that is 10 years after the date of enactment of this Act. 

7 SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA. 

8 (a) DEFINITIONS.—In this section: 

9 (1) APPRAISAL REPORT.—The term ‘‘appraisal 

10 report’’ means the appraisal report concerning the 

11 augmentation alternatives for the Sierra Vista Sub12 watershed in the State of Arizona, dated June 2007 

13 and prepared by the Bureau of Reclamation. 

14 (2) PRINCIPLES AND GUIDELINES.—The term 

15 ‘‘principles and guidelines’’ means the report entitled 

16 ‘‘Economic and Environmental Principles and 

17 Guidelines for Water and Related Land Resources 

18 Implementation Studies’’ issued on March 10, 1983, 

19 by the Water Resources Council established under 

20 title I of the Water Resources Planning Act (42 

21 U.S.C. 1962a et seq.). 

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

23 the Secretary of the Interior. 

24 (b) SIERRA VISTA SUBWATERSHED FEASIBILITY

25 STUDY.— 
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•S 22 ES

1 (1) STUDY.— 

2 (A) IN GENERAL.—In accordance with the 

3 reclamation laws and the principles and guide4 lines, the Secretary, acting through the Com5 missioner of Reclamation, may complete a feasi6 bility study of alternatives to augment the 

7 water supplies within the Sierra Vista Sub8 watershed in the State of Arizona that are iden9 tified as appropriate for further study in the 

10 appraisal report. 

11 (B) INCLUSIONS.—In evaluating the feasi12 bility of alternatives under subparagraph (A), 

13 the Secretary shall— 

14 (i) include— 

15 (I) any required environmental 

16 reviews; 

17 (II) the construction costs and 

18 projected operations, maintenance, 

19 and replacement costs for each alter20 native; and 

21 (III) the economic feasibility of 

22 each alternative; 

23 (ii) take into consideration the ability 

24 of Federal, tribal, State, and local govern25 ment sources and private sources to fund 
819 

•S 22 ES

1 capital construction costs and annual oper2 ation, maintenance, energy, and replace3 ment costs; 

4 (iii) establish the basis for— 

5 (I) any cost-sharing allocations; 

6 and 

7 (II) anticipated repayment, if 

8 any, of Federal contributions; and 

9 (iv) perform a cost-benefit analysis. 

10 (2) COST SHARING REQUIREMENT.— 

11 (A) IN GENERAL.—The Federal share of 

12 the total costs of the study under paragraph (1) 

13 shall not exceed 45 percent. 

14 (B) FORM OF NON-FEDERAL SHARE.—The 

15 non-Federal share required under subparagraph 

16 (A) may be in the form of any in-kind service 

17 that the Secretary determines would contribute 

18 substantially toward the conduct and comple19 tion of the study under paragraph (1). 

20 (3) STATEMENT OF CONGRESSIONAL INTENT

21 RELATING TO COMPLETION OF STUDY.—It is the in22 tent of Congress that the Secretary complete the 

23 study under paragraph (1) by a date that is not 

24 later than 30 months after the date of enactment of 

25 this Act. 
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•S 22 ES

1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to the Sec3 retary to carry out this subsection $1,260,000. 

4 (c) WATER RIGHTS.—Nothing in this section af5 fects— 

6 (1) any valid or vested water right in existence 

7 on the date of enactment of this Act; or 

8 (2) any application for water rights pending be9 fore the date of enactment of this Act. 

10 SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA. 

11 (a) FEASIBILITY STUDY, PROJECT DEVELOPMENT, 

12 COST SHARE.— 

13 (1) IN GENERAL.—The Secretary of the Inte14 rior (hereinafter referred to as ‘‘Secretary’’), in con15 sultation and cooperation with the City of San Diego 

16 and the Sweetwater Authority, is authorized to un17 dertake a study to determine the feasibility of con18 structing a four reservoir intertie system to improve 

19 water storage opportunities, water supply reliability, 

20 and water yield of the existing non-Federal water 

21 storage system. The feasibility study shall document 

22 the Secretary’s engineering, environmental, and eco23 nomic investigation of the proposed reservoir and 

24 intertie project taking into consideration the range 

25 of potential solutions and the circumstances and 
821 

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1 needs of the area to be served by the proposed res2 ervoir and intertie project, the potential benefits to 

3 the people of that service area, and improved oper4 ations of the proposed reservoir and intertie system. 

5 The Secretary shall indicate in the feasibility report 

6 required under paragraph (4) whether the proposed 

7 reservoir and intertie project is recommended for 

8 construction. 

9 (2) FEDERAL COST SHARE.—The Federal share 

10 of the costs of the feasibility study shall not exceed 

11 50 percent of the total study costs. The Secretary 

12 may accept as part of the non-Federal cost share, 

13 any contribution of such in-kind services by the City 

14 of San Diego and the Sweetwater Authority that the 

15 Secretary determines will contribute toward the con16 duct and completion of the study. 

17 (3) COOPERATION.—The Secretary shall con18 sult and cooperate with appropriate State, regional, 

19 and local authorities in implementing this sub20 section. 

21 (4) FEASIBILITY REPORT.—The Secretary shall 

22 submit to Congress a feasibility report for the 

23 project the Secretary recommends, and to seek, as 

24 the Secretary deems appropriate, specific authority 
822 

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1 to develop and construct any recommended project. 

2 This report shall include— 

3 (A) good faith letters of intent by the City 

4 of San Diego and the Sweetwater Authority and 

5 its non-Federal partners to indicate that they 

6 have committed to share the allocated costs as 

7 determined by the Secretary; and 

8 (B) a schedule identifying the annual oper9 ation, maintenance, and replacement costs that 

10 should be allocated to the City of San Diego 

11 and the Sweetwater Authority, as well as the 

12 current and expected financial capability to pay 

13 operation, maintenance, and replacement costs. 

14 (b) FEDERAL RECLAMATION PROJECTS.—Nothing in 

15 this section shall supersede or amend the provisions of 

16 Federal Reclamation laws or laws associated with any 

17 project or any portion of any project constructed under 

18 any authority of Federal Reclamation laws. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the Secretary $3,000,000 

21 for the Federal cost share of the study authorized in sub22 section (a). 

23 (d) SUNSET.—The authority of the Secretary to carry 

24 out any provisions of this section shall terminate 10 years 

25 after the date of the enactment of this Act. 
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•S 22 ES

1 Subtitle B—Project Authorizations 

2 SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CON3 SERVATION PROJECT, OREGON. 

4 (a) DEFINITIONS.—In this section: 

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

6 Tumalo Irrigation District, Oregon. 

7 (2) PROJECT.—The term ‘‘Project’’ means the 

8 Tumalo Irrigation District Water Conservation 

9 Project authorized under subsection (b)(1). 

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

11 the Secretary of the Interior. 

12 (b) AUTHORIZATION TO PLAN, DESIGN AND CON13 STRUCT THE TUMALO WATER CONSERVATION

14 PROJECT.— 

15 (1) AUTHORIZATION.—The Secretary, in co16 operation with the District— 

17 (A) may participate in the planning, de18 sign, and construction of the Tumalo Irrigation 

19 District Water Conservation Project in 

20 Deschutes County, Oregon; and 

21 (B) for purposes of planning and designing 

22 the Project, shall take into account any appro23 priate studies and reports prepared by the Dis24 trict. 

25 (2) COST-SHARING REQUIREMENT.— 
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1 (A) FEDERAL SHARE.—The Federal share 

2 of the total cost of the Project shall be 25 per3 cent, which shall be nonreimbursable to the 

4 United States. 

5 (B) CREDIT TOWARD NON-FEDERAL

6 SHARE.—The Secretary shall credit toward the 

7 non-Federal share of the Project any amounts 

8 that the District provides toward the design, 

9 planning, and construction before the date of 

10 enactment of this Act. 

11 (3) TITLE.—The District shall hold title to any 

12 facilities constructed under this section. 

13 (4) OPERATION AND MAINTENANCE COSTS.— 

14 The District shall pay the operation and mainte15 nance costs of the Project. 

16 (5) EFFECT.—Any assistance provided under 

17 this section shall not be considered to be a supple18 mental or additional benefit under Federal reclama19 tion law (the Act of June 17, 1902 (32 Stat. 388, 

20 chapter 1093), and Acts supplemental to and 

21 amendatory of that Act (43 U.S.C. 371 et seq.). 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary for the 

24 Federal share of the cost of the Project $4,000,000. 
825 

•S 22 ES

1 (d) TERMINATION OF AUTHORITY.—The authority of 

2 the Secretary to carry out this section shall expire on the 

3 date that is 10 years after the date of enactment of this 

4 Act. 

5 SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT 

6 PROJECT, CALIFORNIA. 

7 (a) DEFINITIONS.—In this section: 

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

9 Madera Irrigation District, Madera, California. 

10 (2) PROJECT.—The term ‘‘Project’’ means the 

11 Madera Water Supply Enhancement Project, a 

12 groundwater bank on the 13,646-acre Madera Ranch 

13 in Madera, California, owned, operated, maintained, 

14 and managed by the District that will plan, design, 

15 and construct recharge, recovery, and delivery sys16 tems able to store up to 250,000 acre-feet of water 

17 and recover up to 55,000 acre-feet of water per year, 

18 as substantially described in the California Environ19 mental Quality Act, Final Environmental Impact 

20 Report for the Madera Irrigation District Water 

21 Supply Enhancement Project, September 2005. 

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

23 the Secretary of the Interior. 

24 (4) TOTAL COST.—The term ‘‘total cost’’ means 

25 all reasonable costs, such as the planning, design, 
826 

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1 permitting, and construction of the Project and the 

2 acquisition costs of lands used or acquired by the 

3 District for the Project. 

4 (b) PROJECT FEASIBILITY.— 

5 (1) PROJECT FEASIBLE.—Pursuant to the Rec6 lamation Act of 1902 (32 Stat. 388) and Acts 

7 amendatory thereof and supplemental thereto, the 

8 Project is feasible and no further studies or actions 

9 regarding feasibility are necessary. 

10 (2) APPLICABILITY OF OTHER LAWS.—The Sec11 retary shall implement the authority provided in this 

12 section in accordance with all applicable Federal 

13 laws, including the National Environmental Policy 

14 Act of 1969 (42 U.S.C. 4321 et seq.) and the En15 dangered Species Act of 1973 (7 U.S.C. 136; 16 

16 U.S.C. 460 et seq.). 

17 (c) COOPERATIVE AGREEMENT.—All final planning 

18 and design and the construction of the Project authorized 

19 by this section shall be undertaken in accordance with a 

20 cooperative agreement between the Secretary and the Dis21 trict for the Project. Such cooperative agreement shall set 

22 forth in a manner acceptable to the Secretary and the Dis23 trict the responsibilities of the District for participating, 

24 which shall include— 

25 (1) engineering and design; 
827 

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1 (2) construction; and 

2 (3) the administration of contracts pertaining 

3 to any of the foregoing. 

4 (d) AUTHORIZATION FOR THE MADERA WATER SUP5 PLY AND ENHANCEMENT PROJECT.— 

6 (1) AUTHORIZATION OF CONSTRUCTION.—The 

7 Secretary, acting pursuant to the Federal reclama8 tion laws (Act of June 17, 1902; 32 Stat. 388), and 

9 Acts amendatory thereof or supplementary thereto, 

10 is authorized to enter into a cooperative agreement 

11 through the Bureau of Reclamation with the District 

12 for the support of the final design and construction 

13 of the Project. 

14 (2) TOTAL COST.—The total cost of the Project 

15 for the purposes of determining the Federal cost 

16 share shall not exceed $90,000,000. 

17 (3) COST SHARE.—The Federal share of the 

18 capital costs of the Project shall be provided on a 

19 nonreimbursable basis and shall not exceed 25 per20 cent of the total cost. Capital, planning, design, per21 mitting, construction, and land acquisition costs in22 curred by the District prior to the date of the enact23 ment of this Act shall be considered a portion of the 

24 non-Federal cost share. 
828 

•S 22 ES

1 (4) CREDIT FOR NON-FEDERAL WORK.—The 

2 District shall receive credit toward the non-Federal 

3 share of the cost of the Project for— 

4 (A) in-kind services that the Secretary de5 termines would contribute substantially toward 

6 the completion of the project; 

7 (B) reasonable costs incurred by the Dis8 trict as a result of participation in the planning, 

9 design, permitting, and construction of the 

10 Project; and 

11 (C) the acquisition costs of lands used or 

12 acquired by the District for the Project. 

13 (5) LIMITATION.—The Secretary shall not pro14 vide funds for the operation or maintenance of the 

15 Project authorized by this subsection. The operation, 

16 ownership, and maintenance of the Project shall be 

17 the sole responsibility of the District. 

18 (6) PLANS AND ANALYSES CONSISTENT WITH

19 FEDERAL LAW.—Before obligating funds for design 

20 or construction under this subsection, the Secretary 

21 shall work cooperatively with the District to use, to 

22 the extent possible, plans, designs, and engineering 

23 and environmental analyses that have already been 

24 prepared by the District for the Project. The Sec25 retary shall ensure that such information as is used 
829 

•S 22 ES

1 is consistent with applicable Federal laws and regu2 lations. 

3 (7) TITLE; RESPONSIBILITY; LIABILITY.—Noth4 ing in this subsection or the assistance provided 

5 under this subsection shall be construed to transfer 

6 title, responsibility, or liability related to the Project 

7 to the United States. 

8 (8) AUTHORIZATION OF APPROPRIATION.— 

9 There is authorized to be appropriated to the Sec10 retary to carry out this subsection $22,500,000 or 

11 25 percent of the total cost of the Project, whichever 

12 is less. 

13 (e) SUNSET.—The authority of the Secretary to carry 

14 out any provisions of this section shall terminate 10 years 

15 after the date of the enactment of this Act. 

16 SEC. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM 

17 PROJECT, NEW MEXICO. 

18 (a) DEFINITIONS.—In this section: 

19 (1) AUTHORITY.—The term ‘‘Authority’’ means 

20 the Eastern New Mexico Rural Water Authority, an 

21 entity formed under State law for the purposes of 

22 planning, financing, developing, and operating the 

23 System. 

24 (2) ENGINEERING REPORT.—The term ‘‘engi25 neering report’’ means the report entitled ‘‘Eastern 
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•S 22 ES

1 New Mexico Rural Water System Preliminary Engi2 neering Report’’ and dated October 2006. 

3 (3) PLAN.—The term ‘‘plan’’ means the oper4 ation, maintenance, and replacement plan required 

5 by subsection (c)(2). 

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

7 the Secretary of the Interior. 

8 (5) STATE.—The term ‘‘State’’ means the State 

9 of New Mexico. 

10 (6) SYSTEM.— 

11 (A) IN GENERAL.—The term ‘‘System’’ 

12 means the Eastern New Mexico Rural Water 

13 System, a water delivery project designed to de14 liver approximately 16,500 acre-feet of water 

15 per year from the Ute Reservoir to the cities of 

16 Clovis, Elida, Grady, Melrose, Portales, and 

17 Texico and other locations in Curry, Roosevelt, 

18 and Quay Counties in the State. 

19 (B) INCLUSIONS.—The term ‘‘System’’ in20 cludes the major components and associated in21 frastructure identified as the ‘‘Best Technical 

22 Alternative’’ in the engineering report. 

23 (7) UTE RESERVOIR.—The term ‘‘Ute Res24 ervoir’’ means the impoundment of water created in 

25 1962 by the construction of the Ute Dam on the Ca-
831 

•S 22 ES

1 nadian River, located approximately 32 miles up2 stream of the border between New Mexico and 

3 Texas. 

4 (b) EASTERN NEW MEXICO RURAL WATER SYS5 TEM.— 

6 (1) FINANCIAL ASSISTANCE.— 

7 (A) IN GENERAL.—The Secretary may 

8 provide financial and technical assistance to the 

9 Authority to assist in planning, designing, con10 ducting related preconstruction activities for, 

11 and constructing the System. 

12 (B) USE.— 

13 (i) IN GENERAL.—Any financial as14 sistance provided under subparagraph (A) 

15 shall be obligated and expended only in ac16 cordance with a cooperative agreement en17 tered into under subsection (d)(1)(B). 

18 (ii) LIMITATIONS.—Financial assist19 ance provided under clause (i) shall not be 

20 used— 

21 (I) for any activity that is incon22 sistent with constructing the System; 

23 or 
832 

•S 22 ES

1 (II) to plan or construct facilities 

2 used to supply irrigation water for ir3 rigated agricultural purposes. 

4 (2) COST-SHARING REQUIREMENT.— 

5 (A) IN GENERAL.—The Federal share of 

6 the total cost of any activity or construction 

7 carried out using amounts made available under 

8 this section shall be not more than 75 percent 

9 of the total cost of the System. 

10 (B) SYSTEM DEVELOPMENT COSTS.—For 

11 purposes of subparagraph (A), the total cost of 

12 the System shall include any costs incurred by 

13 the Authority or the State on or after October 

14 1, 2003, for the development of the System. 

15 (3) LIMITATION.—No amounts made available 

16 under this section may be used for the construction 

17 of the System until— 

18 (A) a plan is developed under subsection 

19 (c)(2); and 

20 (B) the Secretary and the Authority have 

21 complied with any requirements of the National 

22 Environmental Policy Act of 1969 (42 U.S.C. 

23 4321 et seq.) applicable to the System. 

24 (4) TITLE TO PROJECT WORKS.—Title to the 

25 infrastructure of the System shall be held by the Au-
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•S 22 ES

1 thority or as may otherwise be specified under State 

2 law. 

3 (c) OPERATION, MAINTENANCE, AND REPLACEMENT

4 COSTS.— 

5 (1) IN GENERAL.—The Authority shall be re6 sponsible for the annual operation, maintenance, and 

7 replacement costs associated with the System. 

8 (2) OPERATION, MAINTENANCE, AND REPLACE9 MENT PLAN.—The Authority, in consultation with 

10 the Secretary, shall develop an operation, mainte11 nance, and replacement plan that establishes the 

12 rates and fees for beneficiaries of the System in the 

13 amount necessary to ensure that the System is prop14 erly maintained and capable of delivering approxi15 mately 16,500 acre-feet of water per year. 

16 (d) ADMINISTRATIVE PROVISIONS.— 

17 (1) COOPERATIVE AGREEMENTS.— 

18 (A) IN GENERAL.—The Secretary may 

19 enter into any contract, grant, cooperative 

20 agreement, or other agreement that is necessary 

21 to carry out this section. 

22 (B) COOPERATIVE AGREEMENT FOR PRO23 VISION OF FINANCIAL ASSISTANCE.— 

24 (i) IN GENERAL.—The Secretary shall 

25 enter into a cooperative agreement with 
834 

•S 22 ES

1 the Authority to provide financial assist2 ance and any other assistance requested by 

3 the Authority for planning, design, related 

4 preconstruction activities, and construction 

5 of the System. 

6 (ii) REQUIREMENTS.—The cooperative 

7 agreement entered into under clause (i) 

8 shall, at a minimum, specify the respon9 sibilities of the Secretary and the Author10 ity with respect to— 

11 (I) ensuring that the cost-share 

12 requirements established by sub13 section (b)(2) are met; 

14 (II) completing the planning and 

15 final design of the System; 

16 (III) any environmental and cul17 tural resource compliance activities re18 quired for the System; and 

19 (IV) the construction of the Sys20 tem. 

21 (2) TECHNICAL ASSISTANCE.—At the request of 

22 the Authority, the Secretary may provide to the Au23 thority any technical assistance that is necessary to 

24 assist the Authority in planning, designing, con25 structing, and operating the System. 
835 

•S 22 ES

1 (3) BIOLOGICAL ASSESSMENT.—The Secretary 

2 shall consult with the New Mexico Interstate Stream 

3 Commission and the Authority in preparing any bio4 logical assessment under the Endangered Species 

5 Act of 1973 (16 U.S.C. 1531 et seq.) that may be 

6 required for planning and constructing the System. 

7 (4) EFFECT.—Nothing in this section— 

8 (A) affects or preempts— 

9 (i) State water law; or 

10 (ii) an interstate compact relating to 

11 the allocation of water; or 

12 (B) confers on any non-Federal entity the 

13 ability to exercise any Federal rights to— 

14 (i) the water of a stream; or 

15 (ii) any groundwater resource. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—In accordance with the ad18 justment carried out under paragraph (2), there is 

19 authorized to be appropriated to the Secretary to 

20 carry out this section an amount not greater than 

21 $327,000,000. 

22 (2) ADJUSTMENT.—The amount made available 

23 under paragraph (1) shall be adjusted to reflect 

24 changes in construction costs occurring after Janu25 ary 1, 2007, as indicated by engineering cost indices 
836 

•S 22 ES

1 applicable to the types of construction necessary to 

2 carry out this section. 

3 (3) NONREIMBURSABLE AMOUNTS.—Amounts 

4 made available to the Authority in accordance with 

5 the cost-sharing requirement under subsection (b)(2) 

6 shall be nonreimbursable and nonreturnable to the 

7 United States. 

8 (4) AVAILABILITY OF FUNDS.—At the end of 

9 each fiscal year, any unexpended funds appropriated 

10 pursuant to this section shall be retained for use in 

11 future fiscal years consistent with this section. 

12 SEC. 9104. RANCHO CAILFORNIA WATER DISTRICT 

13 PROJECT, CALIFORNIA. 

14 (a) IN GENERAL.—The Reclamation Wastewater and 

15 Groundwater Study and Facilities Act (Public Law 102– 

16 575, title XVI; 43 U.S.C. 390h et seq.) is amended by 

17 adding at the end the following: 

18 ‘‘SEC. 1649. RANCHO CALIFORNIA WATER DISTRICT 

19 PROJECT, CALIFORNIA. 

20 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera21 tion with the Rancho California Water District, California, 

22 may participate in the design, planning, and construction 

23 of permanent facilities for water recycling, 

24 demineralization, and desalination, and distribution of 
837 

•S 22 ES

1 non-potable water supplies in Southern Riverside County, 

2 California. 

3 ‘‘(b) COST SHARING.—The Federal share of the cost 

4 of the project described in subsection (a) shall not exceed 

5 25 percent of the total cost of the project or $20,000,000, 

6 whichever is less. 

7 ‘‘(c) LIMITATION.—Funds provided by the Secretary 

8 under this section shall not be used for operation or main9 tenance of the project described in subsection (a).’’. 

10 (b) CLERICAL AMENDMENT.—The table of items in 

11 section 2 of Public Law 102–575 is amended by inserting 

12 after the last item the following: 

‘‘Sec. 1649. Rancho California Water District Project, California.’’. 

13 SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, 

14 COLORADO. 

15 (a) DEFINITIONS.—In this section: 

16 (1) ASSESSMENT.—The term ‘‘assessment’’ 

17 means the engineering document that is— 

18 (A) entitled ‘‘Jackson Gulch Inlet Canal 

19 Project, Jackson Gulch Outlet Canal Project, 

20 Jackson Gulch Operations Facilities Project: 

21 Condition Assessment and Recommendations 

22 for Rehabilitation’’; 

23 (B) dated February 2004; and 

24 (C) on file with the Bureau of Reclama25 tion. 
838 

•S 22 ES

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

2 Mancos Water Conservancy District established 

3 under the Water Conservancy Act (Colo. Rev. Stat. 

4 37–45–101 et seq.). 

5 (3) PROJECT.—The term ‘‘Project’’ means the 

6 Jackson Gulch rehabilitation project, a program for 

7 the rehabilitation of the Jackson Gulch Canal sys8 tem and other infrastructure in the State, as de9 scribed in the assessment. 

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

11 the Secretary of the Interior, acting through the 

12 Commissioner of Reclamation. 

13 (5) STATE.—The term ‘‘State’’ means the State 

14 of Colorado. 

15 (b) AUTHORIZATION OF JACKSON GULCH REHABILI16 TATION PROJECT.— 

17 (1) IN GENERAL.—Subject to the reimburse18 ment requirement described in paragraph (3), the 

19 Secretary shall pay the Federal share of the total 

20 cost of carrying out the Project. 

21 (2) USE OF EXISTING INFORMATION.—In pre22 paring any studies relating to the Project, the Sec23 retary shall, to the maximum extent practicable, use 

24 existing studies, including engineering and resource 

25 information provided by, or at the direction of— 
839 

•S 22 ES

1 (A) Federal, State, or local agencies; and 

2 (B) the District. 

3 (3) REIMBURSEMENT REQUIREMENT.— 

4 (A) AMOUNT.—The Secretary shall recover 

5 from the District as reimbursable expenses the 

6 lesser of— 

7 (i) the amount equal to 35 percent of 

8 the cost of the Project; or 

9 (ii) $2,900,000. 

10 (B) MANNER.—The Secretary shall recover 

11 reimbursable expenses under subparagraph 

12 (A)— 

13 (i) in a manner agreed to by the Sec14 retary and the District; 

15 (ii) over a period of 15 years; and 

16 (iii) with no interest. 

17 (C) CREDIT.—In determining the exact 

18 amount of reimbursable expenses to be recov19 ered from the District, the Secretary shall cred20 it the District for any amounts it paid before 

21 the date of enactment of this Act for engineer22 ing work and improvements directly associated 

23 with the Project. 

24 (4) PROHIBITION ON OPERATION AND MAINTE25 NANCE COSTS.—The District shall be responsible for 
840 

•S 22 ES

1 the operation and maintenance of any facility con2 structed or rehabilitated under this section. 

3 (5) LIABILITY.—The United States shall not be 

4 liable for damages of any kind arising out of any 

5 act, omission, or occurrence relating to a facility re6 habilitated or constructed under this section. 

7 (6) EFFECT.—An activity provided Federal 

8 funding under this section shall not be considered a 

9 supplemental or additional benefit under— 

10 (A) the reclamation laws; or 

11 (B) the Act of August 11, 1939 (16 U.S.C. 

12 590y et seq.). 

13 (7) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to the Sec15 retary to pay the Federal share of the total cost of 

16 carrying out the Project $8,250,000. 

17 SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO. 

18 (a) FINDINGS AND PURPOSE.— 

19 (1) FINDINGS.—Congress finds that— 

20 (A) drought, population increases, and en21 vironmental needs are exacerbating water sup22 ply issues across the western United States, in23 cluding the Rio Grande Basin in New Mexico; 

24 (B) a report developed by the Bureau of 

25 Reclamation and the Bureau of Indian Affairs 
841 

•S 22 ES

1 in 2000 identified a serious need for the reha2 bilitation and repair of irrigation infrastructure 

3 of the Rio Grande Pueblos; 

4 (C) inspection of existing irrigation infra5 structure of the Rio Grande Pueblos shows that 

6 many key facilities, such as diversion structures 

7 and main conveyance ditches, are unsafe and 

8 barely, if at all, operable; 

9 (D) the benefits of rehabilitating and re10 pairing irrigation infrastructure of the Rio 

11 Grande Pueblos include— 

12 (i) water conservation; 

13 (ii) extending available water supplies; 

14 (iii) increased agricultural produc15 tivity; 

16 (iv) economic benefits; 

17 (v) safer facilities; and 

18 (vi) the preservation of the culture of 

19 Indian Pueblos in the State; 

20 (E) certain Indian Pueblos in the Rio 

21 Grande Basin receive water from facilities oper22 ated or owned by the Bureau of Reclamation; 

23 and 
842 

•S 22 ES

1 (F) rehabilitation and repair of irrigation 

2 infrastructure of the Rio Grande Pueblos would 

3 improve— 

4 (i) overall water management by the 

5 Bureau of Reclamation; and 

6 (ii) the ability of the Bureau of Rec7 lamation to help address potential water 

8 supply conflicts in the Rio Grande Basin. 

9 (2) PURPOSE.—The purpose of this section is 

10 to direct the Secretary— 

11 (A) to assess the condition of the irrigation 

12 infrastructure of the Rio Grande Pueblos; 

13 (B) to establish priorities for the rehabili14 tation of irrigation infrastructure of the Rio 

15 Grande Pueblos in accordance with specified 

16 criteria; and 

17 (C) to implement projects to rehabilitate 

18 and improve the irrigation infrastructure of the 

19 Rio Grande Pueblos. 

20 (b) DEFINITIONS.—In this section: 

21 (1) 2004 AGREEMENT.—The term ‘‘2004 

22 Agreement’’ means the agreement entitled ‘‘Agree23 ment By and Between the United States of America 

24 and the Middle Rio Grande Conservancy District, 

25 Providing for the Payment of Operation and Mainte-
843 

•S 22 ES

1 nance Charges on Newly Reclaimed Pueblo Indian 

2 Lands in the Middle Rio Grande Valley, New Mex3 ico’’ and executed in September 2004 (including any 

4 successor agreements and amendments to the agree5 ment). 

6 (2) DESIGNATED ENGINEER.—The term ‘‘des7 ignated engineer’’ means a Federal employee des8 ignated under the Act of February 14, 1927 (69 

9 Stat. 1098, chapter 138) to represent the United 

10 States in any action involving the maintenance, re11 habilitation, or preservation of the condition of any 

12 irrigation structure or facility on land located in the 

13 Six Middle Rio Grande Pueblos. 

14 (3) DISTRICT.—The term ‘‘District’’ means the 

15 Middle Rio Grande Conservancy District, a political 

16 subdivision of the State established in 1925. 

17 (4) PUEBLO IRRIGATION INFRASTRUCTURE.— 

18 The term ‘‘Pueblo irrigation infrastructure’’ means 

19 any diversion structure, conveyance facility, or 

20 drainage facility that is— 

21 (A) in existence as of the date of enact22 ment of this Act; and 

23 (B) located on land of a Rio Grande Pueb24 lo that is associated with— 
844 

•S 22 ES

1 (i) the delivery of water for the irriga2 tion of agricultural land; or 

3 (ii) the carriage of irrigation return 

4 flows and excess water from the land that 

5 is served. 

6 (5) RIO GRANDE BASIN.—The term ‘‘Rio 

7 Grande Basin’’ means the headwaters of the Rio 

8 Chama and the Rio Grande Rivers (including any 

9 tributaries) from the State line between Colorado 

10 and New Mexico downstream to the elevation cor11 responding with the spillway crest of Elephant Butte 

12 Dam at 4,457.3 feet mean sea level. 

13 (6) RIO GRANDE PUEBLO.—The term ‘‘Rio 

14 Grande Pueblo’’ means any of the 18 Pueblos that— 

15 (A) occupy land in the Rio Grande Basin; 

16 and 

17 (B) are included on the list of federally 

18 recognized Indian tribes published by the Sec19 retary in accordance with section 104 of the 

20 Federally Recognized Indian Tribe List Act of 

21 1994 (25 U.S.C. 479a–1). 

22 (7) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior, acting through the 

24 Commissioner of Reclamation. 
845 

•S 22 ES

1 (8) SIX MIDDLE RIO GRANDE PUEBLOS.—The 

2 term ‘‘Six Middle Rio Grande Pueblos’’ means each 

3 of the Pueblos of Cochiti, Santo Domingo, San 

4 Felipe, Santa Ana, Sandia, and Isleta. 

5 (9) SPECIAL PROJECT.—The term ‘‘special 

6 project’’ has the meaning given the term in the 2004 

7 Agreement. 

8 (10) STATE.—The term ‘‘State’’ means the 

9 State of New Mexico. 

10 (c) IRRIGATION INFRASTRUCTURE STUDY.— 

11 (1) STUDY.— 

12 (A) IN GENERAL.—On the date of enact13 ment of this Act, the Secretary, in accordance 

14 with subparagraph (B), and in consultation 

15 with the Rio Grande Pueblos, shall— 

16 (i) conduct a study of Pueblo irriga17 tion infrastructure; and 

18 (ii) based on the results of the study, 

19 develop a list of projects (including a cost 

20 estimate for each project), that are rec21 ommended to be implemented over a 10- 

22 year period to repair, rehabilitate, or re23 construct Pueblo irrigation infrastructure. 

24 (B) REQUIRED CONSENT.—In carrying out 

25 subparagraph (A), the Secretary shall only in-
846 

•S 22 ES

1 clude each individual Rio Grande Pueblo that 

2 notifies the Secretary that the Pueblo consents 

3 to participate in— 

4 (i) the conduct of the study under 

5 subparagraph (A)(i); and 

6 (ii) the development of the list of 

7 projects under subparagraph (A)(ii) with 

8 respect to the Pueblo. 

9 (2) PRIORITY.— 

10 (A) CONSIDERATION OF FACTORS.— 

11 (i) IN GENERAL.—In developing the 

12 list of projects under paragraph (1)(A)(ii), 

13 the Secretary shall— 

14 (I) consider each of the factors 

15 described in subparagraph (B); and 

16 (II) prioritize the projects rec17 ommended for implementation based 

18 on— 

19 (aa) a review of each of the 

20 factors; and 

21 (bb) a consideration of the 

22 projected benefits of the project 

23 on completion of the project. 

24 (ii) ELIGIBILITY OF PROJECTS.—A 

25 project is eligible to be considered and 
847 

•S 22 ES

1 prioritized by the Secretary if the project 

2 addresses at least 1 factor described in 

3 subparagraph (B). 

4 (B) FACTORS.—The factors referred to in 

5 subparagraph (A) are— 

6 (i)(I) the extent of disrepair of the 

7 Pueblo irrigation infrastructure; and 

8 (II) the effect of the disrepair on the 

9 ability of the applicable Rio Grande Pueblo 

10 to irrigate agricultural land using Pueblo 

11 irrigation infrastructure; 

12 (ii) whether, and the extent that, the 

13 repair, rehabilitation, or reconstruction of 

14 the Pueblo irrigation infrastructure would 

15 provide an opportunity to conserve water; 

16 (iii)(I) the economic and cultural im17 pacts that the Pueblo irrigation infrastruc18 ture that is in disrepair has on the applica19 ble Rio Grande Pueblo; and 

20 (II) the economic and cultural bene21 fits that the repair, rehabilitation, or re22 construction of the Pueblo irrigation infra23 structure would have on the applicable Rio 

24 Grande Pueblo; 
848 

•S 22 ES

1 (iv) the opportunity to address water 

2 supply or environmental conflicts in the 

3 applicable river basin if the Pueblo irriga4 tion infrastructure is repaired, rehabili5 tated, or reconstructed; and 

6 (v) the overall benefits of the project 

7 to efficient water operations on the land of 

8 the applicable Rio Grande Pueblo. 

9 (3) CONSULTATION.—In developing the list of 

10 projects under paragraph (1)(A)(ii), the Secretary 

11 shall consult with the Director of the Bureau of In12 dian Affairs (including the designated engineer with 

13 respect to each proposed project that affects the Six 

14 Middle Rio Grande Pueblos), the Chief of the Nat15 ural Resources Conservation Service, and the Chief 

16 of Engineers to evaluate the extent to which pro17 grams under the jurisdiction of the respective agen18 cies may be used— 

19 (A) to assist in evaluating projects to re20 pair, rehabilitate, or reconstruct Pueblo irriga21 tion infrastructure; and 

22 (B) to implement— 

23 (i) a project recommended for imple24 mentation under paragraph (1)(A)(ii); or 
849 

•S 22 ES

1 (ii) any other related project (includ2 ing on-farm improvements) that may be 

3 appropriately coordinated with the repair, 

4 rehabilitation, or reconstruction of Pueblo 

5 irrigation infrastructure to improve the ef6 ficient use of water in the Rio Grande 

7 Basin. 

8 (4) REPORT.—Not later than 2 years after the 

9 date of enactment of this Act, the Secretary shall 

10 submit to the Committee on Energy and Natural 

11 Resources of the Senate and the Committee on Re12 sources of the House of Representatives a report 

13 that includes— 

14 (A) the list of projects recommended for 

15 implementation under paragraph (1)(A)(ii); and 

16 (B) any findings of the Secretary with re17 spect to— 

18 (i) the study conducted under para19 graph (1)(A)(i); 

20 (ii) the consideration of the factors 

21 under paragraph (2)(B); and 

22 (iii) the consultations under para23 graph (3). 

24 (5) PERIODIC REVIEW.—Not later than 4 years 

25 after the date on which the Secretary submits the 
850 

•S 22 ES

1 report under paragraph (4) and every 4 years there2 after, the Secretary, in consultation with each Rio 

3 Grande Pueblo, shall— 

4 (A) review the report submitted under 

5 paragraph (4); and 

6 (B) update the list of projects described in 

7 paragraph (4)(A) in accordance with each fac8 tor described in paragraph (2)(B), as the Sec9 retary determines to be appropriate. 

10 (d) IRRIGATION INFRASTRUCTURE GRANTS.— 

11 (1) IN GENERAL.—The Secretary may provide 

12 grants to, and enter into contracts or other agree13 ments with, the Rio Grande Pueblos to plan, design, 

14 construct, or otherwise implement projects to repair, 

15 rehabilitate, reconstruct, or replace Pueblo irrigation 

16 infrastructure that are recommended for implemen17 tation under subsection (c)(1)(A)(ii)— 

18 (A) to increase water use efficiency and 

19 agricultural productivity for the benefit of a Rio 

20 Grande Pueblo; 

21 (B) to conserve water; or 

22 (C) to otherwise enhance water manage23 ment or help avert water supply conflicts in the 

24 Rio Grande Basin. 
851 

•S 22 ES

1 (2) LIMITATION.—Assistance provided under 

2 paragraph (1) shall not be used for— 

3 (A) the repair, rehabilitation, or recon4 struction of any major impoundment structure; 

5 or 

6 (B) any on-farm improvements. 

7 (3) CONSULTATION.—In carrying out a project 

8 under paragraph (1), the Secretary shall— 

9 (A) consult with, and obtain the approval 

10 of, the applicable Rio Grande Pueblo; 

11 (B) consult with the Director of the Bu12 reau of Indian Affairs; and 

13 (C) as appropriate, coordinate the project 

14 with any work being conducted under the irri15 gation operations and maintenance program of 

16 the Bureau of Indian Affairs. 

17 (4) COST-SHARING REQUIREMENT.— 

18 (A) FEDERAL SHARE.— 

19 (i) IN GENERAL.—Except as provided 

20 in clause (ii), the Federal share of the total 

21 cost of carrying out a project under para22 graph (1) shall be not more than 75 per23 cent. 

24 (ii) EXCEPTION.—The Secretary may 

25 waive or limit the non-Federal share re-
852 

•S 22 ES

1 quired under clause (i) if the Secretary de2 termines, based on a demonstration of fi3 nancial hardship by the Rio Grande Pueb4 lo, that the Rio Grande Pueblo is unable to 

5 contribute the required non-Federal share. 

6 (B) DISTRICT CONTRIBUTIONS.— 

7 (i) IN GENERAL.—The Secretary may 

8 accept from the District a partial or total 

9 contribution toward the non-Federal share 

10 required for a project carried out under 

11 paragraph (1) on land located in any of 

12 the Six Middle Rio Grande Pueblos if the 

13 Secretary determines that the project is a 

14 special project. 

15 (ii) LIMITATION.—Nothing in clause 

16 (i) requires the District to contribute to 

17 the non-Federal share of the cost of a 

18 project carried out under paragraph (1). 

19 (C) STATE CONTRIBUTIONS.— 

20 (i) IN GENERAL.—The Secretary may 

21 accept from the State a partial or total 

22 contribution toward the non-Federal share 

23 for a project carried out under paragraph 

24 (1). 
853 

•S 22 ES

1 (ii) LIMITATION.—Nothing in clause 

2 (i) requires the State to contribute to the 

3 non-Federal share of the cost of a project 

4 carried out under paragraph (1). 

5 (D) FORM OF NON-FEDERAL SHARE.—The 

6 non-Federal share under subparagraph (A)(i) 

7 may be in the form of in-kind contributions, in8 cluding the contribution of any valuable asset 

9 or service that the Secretary determines would 

10 substantially contribute to a project carried out 

11 under paragraph (1). 

12 (5) OPERATION AND MAINTENANCE.—The Sec13 retary may not use any amount made available 

14 under subsection (g)(2) to carry out the operation or 

15 maintenance of any project carried out under para16 graph (1). 

17 (e) EFFECT ON EXISTING AUTHORITY AND RESPON18 SIBILITIES.—Nothing in this section— 

19 (1) affects any existing project-specific funding 

20 authority; or 

21 (2) limits or absolves the United States from 

22 any responsibility to any Rio Grande Pueblo (includ23 ing any responsibility arising from a trust relation24 ship or from any Federal law (including regula-
854 

•S 22 ES

1 tions), Executive order, or agreement between the 

2 Federal Government and any Rio Grande Pueblo). 

3 (f) EFFECT ON PUEBLO WATER RIGHTS OR STATE

4 WATER LAW.— 

5 (1) PUEBLO WATER RIGHTS.—Nothing in this 

6 section (including the implementation of any project 

7 carried out in accordance with this section) affects 

8 the right of any Pueblo to receive, divert, store, or 

9 claim a right to water, including the priority of right 

10 and the quantity of water associated with the water 

11 right under Federal or State law. 

12 (2) STATE WATER LAW.—Nothing in this sec13 tion preempts or affects— 

14 (A) State water law; or 

15 (B) an interstate compact governing water. 

16 (g) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) STUDY.—There is authorized to be appro18 priated to carry out subsection (c) $4,000,000. 

19 (2) PROJECTS.—There is authorized to be ap20 propriated to carry out subsection (d) $6,000,000 

21 for each of fiscal years 2010 through 2019. 

22 SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH 

23 PROGRAMS. 

24 (a) DEFINITIONS.—Section 2 of Public Law 106–392 

25 (114 Stat. 1602) is amended— 
855 

•S 22 ES

1 (1) in paragraph (5), by inserting ‘‘, rehabilita2 tion, and repair’’ after ‘‘and replacement’’; and 

3 (2) in paragraph (6), by inserting ‘‘those for 

4 protection of critical habitat, those for preventing 

5 entrainment of fish in water diversions,’’ after 

6 ‘‘instream flows,’’. 

7 (b) AUTHORIZATION TO FUND RECOVERY PRO8 GRAMS.—Section 3 of Public Law 106–392 (114 Stat. 

9 1603; 120 Stat. 290) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by striking 

12 ‘‘$61,000,000’’ and inserting ‘‘$88,000,000’’; 

13 (B) in paragraph (2), by striking ‘‘2010’’ 

14 and inserting ‘‘2023’’; and 

15 (C) in paragraph (3), by striking ‘‘2010’’ 

16 and inserting ‘‘2023’’; 

17 (2) in subsection (b)— 

18 (A) in the matter preceding paragraph (1), 

19 by striking ‘‘$126,000,000’’ and inserting 

20 ‘‘$209,000,000’’; 

21 (B) in paragraph (1)— 

22 (i) by striking ‘‘$108,000,000’’ and 

23 inserting ‘‘$179,000,000’’; and 

24 (ii) by striking ‘‘2010’’ and inserting 

25 ‘‘2023’’; and 
856 

•S 22 ES

1 (C) in paragraph (2)— 

2 (i) by striking ‘‘$18,000,000’’ and in3 serting ‘‘$30,000,000’’; and 

4 (ii) by striking ‘‘2010’’ and inserting 

5 ‘‘2023’’; and 

6 (3) in subsection (c)(4), by striking 

7 ‘‘$31,000,000’’ and inserting ‘‘$87,000,000’’. 

8 SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA. 

9 (a) DEFINITIONS.—In this section: 

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

11 Fallbrook Public Utility District, San Diego County, 

12 California. 

13 (2) PROJECT.—The term ‘‘Project’’ means the 

14 impoundment, recharge, treatment, and other facili15 ties the construction, operation, watershed manage16 ment, and maintenance of which is authorized under 

17 subsection (b). 

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

19 the Secretary of the Interior. 

20 (b) AUTHORIZATION FOR CONSTRUCTION OF SANTA

21 MARGARITA RIVER PROJECT.— 

22 (1) AUTHORIZATION.—The Secretary, acting 

23 pursuant to Federal reclamation law (the Act of 

24 June 17, 1902 (32 Stat. 388, chapter 1093), and 

25 Acts supplemental to and amendatory of that Act 
857 

•S 22 ES

1 (43 U.S.C. 371 et seq.), to the extent that law is not 

2 inconsistent with this section, may construct, oper3 ate, and maintain the Project substantially in ac4 cordance with the final feasibility report and envi5 ronmental reviews for the Project and this section. 

6 (2) CONDITIONS.—The Secretary may construct 

7 the Project only after the Secretary determines that 

8 the following conditions have occurred: 

9 (A)(i) The District and the Secretary of 

10 the Navy have entered into contracts under 

11 subsections (c)(2) and (e) of section 9 of the 

12 Reclamation Project Act of 1939 (43 U.S.C. 

13 485h) to repay to the United States equitable 

14 and appropriate portions, as determined by the 

15 Secretary, of the actual costs of constructing, 

16 operating, and maintaining the Project. 

17 (ii) As an alternative to a repayment con18 tract with the Secretary of the Navy described 

19 in clause (i), the Secretary may allow the Sec20 retary of the Navy to satisfy all or a portion of 

21 the repayment obligation for construction of the 

22 Project on the payment of the share of the Sec23 retary of the Navy prior to the initiation of con24 struction, subject to a final cost allocation as 

25 described in subsection (c). 
858 

•S 22 ES

1 (B) The officer or agency of the State of 

2 California authorized by law to grant permits 

3 for the appropriation of water has granted the 

4 permits to the Bureau of Reclamation for the 

5 benefit of the Secretary of the Navy and the 

6 District as permittees for rights to the use of 

7 water for storage and diversion as provided in 

8 this section, including approval of all requisite 

9 changes in points of diversion and storage, and 

10 purposes and places of use. 

11 (C)(i) The District has agreed— 

12 (I) to not assert against the United 

13 States any prior appropriative right the 

14 District may have to water in excess of the 

15 quantity deliverable to the District under 

16 this section; and 

17 (II) to share in the use of the waters 

18 impounded by the Project on the basis of 

19 equal priority and in accordance with the 

20 ratio prescribed in subsection (d)(2). 

21 (ii) The agreement and waiver under 

22 clause (i) and the changes in points of diversion 

23 and storage under subparagraph (B)— 
859 

•S 22 ES

1 (I) shall become effective and binding 

2 only when the Project has been completed 

3 and put into operation; and 

4 (II) may be varied by agreement be5 tween the District and the Secretary of the 

6 Navy. 

7 (D) The Secretary has determined that the 

8 Project has completed applicable economic, en9 vironmental, and engineering feasibility studies. 

10 (c) COSTS.— 

11 (1) IN GENERAL.—As determined by a final 

12 cost allocation after completion of the construction 

13 of the Project, the Secretary of the Navy shall be re14 sponsible to pay upfront or repay to the Secretary 

15 only that portion of the construction, operation, and 

16 maintenance costs of the Project that the Secretary 

17 and the Secretary of the Navy determine reflects the 

18 extent to which the Department of the Navy benefits 

19 from the Project. 

20 (2) OTHER CONTRACTS.—Notwithstanding 

21 paragraph (1), the Secretary may enter into a con22 tract with the Secretary of the Navy for the im23 poundment, storage, treatment, and carriage of prior 

24 rights water for domestic, municipal, fish and wild-
860 

•S 22 ES

1 life, industrial, and other beneficial purposes using 

2 Project facilities. 

3 (d) OPERATION; YIELD ALLOTMENT; DELIVERY.— 

4 (1) OPERATION.—The Secretary, the District, 

5 or a third party (consistent with subsection (f)) may 

6 operate the Project, subject to a memorandum of 

7 agreement between the Secretary, the Secretary of 

8 the Navy, and the District and under regulations 

9 satisfactory to the Secretary of the Navy with re10 spect to the share of the Project of the Department 

11 of the Navy. 

12 (2) YIELD ALLOTMENT.—Except as otherwise 

13 agreed between the parties, the Secretary of the 

14 Navy and the District shall participate in the 

15 Project yield on the basis of equal priority and in ac16 cordance with the following ratio: 

17 (A) 60 percent of the yield of the Project 

18 is allotted to the Secretary of the Navy. 

19 (B) 40 percent of the yield of the Project 

20 is allotted to the District. 

21 (3) CONTRACTS FOR DELIVERY OF EXCESS

22 WATER.— 

23 (A) EXCESS WATER AVAILABLE TO OTHER

24 PERSONS.—If the Secretary of the Navy cer25 tifies to the official agreed on to administer the 
861 

•S 22 ES

1 Project that the Department of the Navy does 

2 not have immediate need for any portion of the 

3 60 percent of the yield of the Project allotted 

4 to the Secretary of the Navy under paragraph 

5 (2), the official may enter into temporary con6 tracts for the sale and delivery of the excess 

7 water. 

8 (B) FIRST RIGHT FOR EXCESS WATER.— 

9 The first right to excess water made available 

10 under subparagraph (A) shall be given the Dis11 trict, if otherwise consistent with the laws of 

12 the State of California. 

13 (C) CONDITION OF CONTRACTS.—Each 

14 contract entered into under subparagraph (A) 

15 for the sale and delivery of excess water shall 

16 include a condition that the Secretary of the 

17 Navy has the right to demand the water, with18 out charge and without obligation on the part 

19 of the United States, after 30 days notice. 

20 (D) MODIFICATION OF RIGHTS AND OBLI21 GATIONS.—The rights and obligations of the 

22 United States and the District regarding the 

23 ratio, amounts, definition of Project yield, and 

24 payment for excess water may be modified by 

25 an agreement between the parties. 
862 

•S 22 ES

1 (4) CONSIDERATION.— 

2 (A) DEPOSIT OF FUNDS.— 

3 (i) IN GENERAL.—Amounts paid to 

4 the United States under a contract entered 

5 into under paragraph (3) shall be— 

6 (I) deposited in the special ac7 count established for the Department 

8 of the Navy under section 2667(e)(1) 

9 of title 10, United States Code; and 

10 (II) shall be available for the 

11 purposes specified in section 

12 2667(e)(1)(C) of that title. 

13 (ii) EXCEPTION.—Section 

14 2667(e)(1)(D) of title 10, United States 

15 Code, shall not apply to amounts deposited 

16 in the special account pursuant to this 

17 paragraph. 

18 (B) IN-KIND CONSIDERATION.—In lieu of 

19 monetary consideration under subparagraph 

20 (A), or in addition to monetary consideration, 

21 the Secretary of the Navy may accept in-kind 

22 consideration in a form and quantity that is ac23 ceptable to the Secretary of the Navy, includ24 ing— 
863 

•S 22 ES

1 (i) maintenance, protection, alteration, 

2 repair, improvement, or restoration (in3 cluding environmental restoration) of prop4 erty or facilities of the Department of the 

5 Navy; 

6 (ii) construction of new facilities for 

7 the Department of the Navy; 

8 (iii) provision of facilities for use by 

9 the Department of the Navy; 

10 (iv) facilities operation support for the 

11 Department of the Navy; and 

12 (v) provision of such other services as 

13 the Secretary of the Navy considers appro14 priate. 

15 (C) RELATION TO OTHER LAWS.—Sections 

16 2662 and 2802 of title 10, United States Code, 

17 shall not apply to any new facilities the con18 struction of which is accepted as in-kind consid19 eration under this paragraph. 

20 (D) CONGRESSIONAL NOTIFICATION.—If 

21 the in-kind consideration proposed to be pro22 vided under a contract to be entered into under 

23 paragraph (3) has a value in excess of 

24 $500,000, the contract may not be entered into 

25 until the earlier of— 
864 

•S 22 ES

1 (i) the end of the 30-day period begin2 ning on the date on which the Secretary of 

3 the Navy submits to the Committee on 

4 Armed Services of the Senate and the 

5 Committee on Armed Services of the 

6 House of Representatives a report describ7 ing the contract and the form and quantity 

8 of the in-kind consideration; or 

9 (ii) the end of the 14-day period be10 ginning on the date on which a copy of the 

11 report referred to in clause (i) is provided 

12 in an electronic medium pursuant to sec13 tion 480 of title 10, United States Code. 

14 (e) REPAYMENT OBLIGATION OF THE DISTRICT.— 

15 (1) DETERMINATION.— 

16 (A) IN GENERAL.—Except as otherwise 

17 provided in this paragraph, the general repay18 ment obligation of the District shall be deter19 mined by the Secretary consistent with sub20 sections (c)(2) and (e) of section 9 of the Rec21 lamation Project Act of 1939 (43 U.S.C. 485h) 

22 to repay to the United States equitable and ap23 propriate portions, as determined by the Sec24 retary, of the actual costs of constructing, oper25 ating, and maintaining the Project. 
865 

•S 22 ES

1 (B) GROUNDWATER.—For purposes of cal2 culating interest and determining the time when 

3 the repayment obligation of the District to the 

4 United States commences, the pumping and 

5 treatment of groundwater from the Project 

6 shall be deemed equivalent to the first use of 

7 water from a water storage project. 

8 (C) CONTRACTS FOR DELIVERY OF EXCESS

9 WATER.—There shall be no repayment obliga10 tion under this subsection for water delivered to 

11 the District under a contract described in sub12 section (d)(3). 

13 (2) MODIFICATION OF RIGHTS AND OBLIGATION

14 BY AGREEMENT.—The rights and obligations of the 

15 United States and the District regarding the repay16 ment obligation of the District may be modified by 

17 an agreement between the parties. 

18 (f) TRANSFER OF CARE, OPERATION, AND MAINTE19 NANCE.— 

20 (1) IN GENERAL.—The Secretary may transfer 

21 to the District, or a mutually agreed upon third 

22 party, the care, operation, and maintenance of the 

23 Project under conditions that are— 

24 (A) satisfactory to the Secretary and the 

25 District; and 
866 

•S 22 ES

1 (B) with respect to the portion of the 

2 Project that is located within the boundaries of 

3 Camp Pendleton, satisfactory to the Secretary, 

4 the District, and the Secretary of the Navy. 

5 (2) EQUITABLE CREDIT.— 

6 (A) IN GENERAL.—In the event of a trans7 fer under paragraph (1), the District shall be 

8 entitled to an equitable credit for the costs as9 sociated with the proportionate share of the 

10 Secretary of the operation and maintenance of 

11 the Project. 

12 (B) APPLICATION.—The amount of costs 

13 described in subparagraph (A) shall be applied 

14 against the indebtedness of the District to the 

15 United States. 

16 (g) SCOPE OF SECTION.— 

17 (1) IN GENERAL.—Except as otherwise pro18 vided in this section, for the purpose of this section, 

19 the laws of the State of California shall apply to the 

20 rights of the United States pertaining to the use of 

21 water under this section. 

22 (2) LIMITATIONS.—Nothing in this section— 

23 (A) provides a grant or a relinquishment 

24 by the United States of any rights to the use 

25 of water that the United States acquired ac-
867 

•S 22 ES

1 cording to the laws of the State of California, 

2 either as a result of the acquisition of the land 

3 comprising Camp Joseph H. Pendleton and ad4 joining naval installations, and the rights to the 

5 use of water as a part of that acquisition, or 

6 through actual use or prescription or both since 

7 the date of that acquisition, if any; 

8 (B) creates any legal obligation to store 

9 any water in the Project, to the use of which 

10 the United States has those rights; 

11 (C) requires the division under this section 

12 of water to which the United States has those 

13 rights; or 

14 (D) constitutes a recognition of, or an ad15 mission by the United States that, the District 

16 has any rights to the use of water in the Santa 

17 Margarita River, which rights, if any, exist only 

18 by virtue of the laws of the State of California. 

19 (h) LIMITATIONS ON OPERATION AND ADMINISTRA20 TION.—Unless otherwise agreed by the Secretary of the 

21 Navy, the Project— 

22 (1) shall be operated in a manner which allows 

23 the free passage of all of the water to the use of 

24 which the United States is entitled according to the 

25 laws of the State of California either as a result of 
868 

•S 22 ES

1 the acquisition of the land comprising Camp Joseph 

2 H. Pendleton and adjoining naval installations, and 

3 the rights to the use of water as a part of those ac4 quisitions, or through actual use or prescription, or 

5 both, since the date of that acquisition, if any; and 

6 (2) shall not be administered or operated in any 

7 way that will impair or deplete the quantities of 

8 water the use of which the United States would be 

9 entitled under the laws of the State of California 

10 had the Project not been built. 

11 (i) REPORTS TO CONGRESS.—Not later than 2 years 

12 after the date of the enactment of this Act and periodically 

13 thereafter, the Secretary and the Secretary of the Navy 

14 shall each submit to the appropriate committees of Con15 gress reports that describe whether the conditions speci16 fied in subsection (b)(2) have been met and if so, the man17 ner in which the conditions were met. 

18 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section— 

20 (1) $60,000,000, as adjusted to reflect the engi21 neering costs indices for the construction cost of the 

22 Project; and 

23 (2) such sums as are necessary to operate and 

24 maintain the Project. 
869 

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1 (k) SUNSET.—The authority of the Secretary to com2 plete construction of the Project shall terminate on the 

3 date that is 10 years after the date of enactment of this 

4 Act. 

5 SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT. 

6 (a) IN GENERAL.—The Reclamation Wastewater and 

7 Groundwater Study and Facilities Act (Public Law 102– 

8 575, title XVI; 43 U.S.C. 390h et seq.) (as amended by 

9 section 9104(a)) is amended by adding at the end the fol10 lowing: 

11 ‘‘SEC. 1650. ELSINORE VALLEY MUNICIPAL WATER DIS12 TRICT PROJECTS, CALIFORNIA. 

13 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera14 tion with the Elsinore Valley Municipal Water District, 

15 California, may participate in the design, planning, and 

16 construction of permanent facilities needed to establish re17 cycled water distribution and wastewater treatment and 

18 reclamation facilities that will be used to treat wastewater 

19 and provide recycled water in the Elsinore Valley Munic20 ipal Water District, California. 

21 ‘‘(b) COST SHARING.—The Federal share of the cost 

22 of each project described in subsection (a) shall not exceed 

23 25 percent of the total cost of the project. 
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1 ‘‘(c) LIMITATION.—Funds provided by the Secretary 

2 under this section shall not be used for operation or main3 tenance of the projects described in subsection (a). 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out this section 

6 $12,500,000.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 in section 2 of Public Law 102–575 (as amended by sec9 tion 9104(b)) is amended by inserting after the item relat10 ing to section 1649 the following: 

‘‘Sec. 1650. Elsinore Valley Municipal Water District Projects, California.’’. 

11 SEC. 9110. NORTH BAY WATER REUSE AUTHORITY. 

12 (a) PROJECT AUTHORIZATION.—The Reclamation 

13 Wastewater and Groundwater Study and Facilities Act 

14 (Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.) 

15 (as amended by section 9109(a)) is amended by adding 

16 at the end the following: 

17 ‘‘SEC. 1651. NORTH BAY WATER REUSE PROGRAM. 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en20 tity’ means a member agency of the North Bay 

21 Water Reuse Authority of the State located in the 

22 North San Pablo Bay watershed in— 

23 ‘‘(A) Marin County; 

24 ‘‘(B) Napa County; 

25 ‘‘(C) Solano County; or 
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1 ‘‘(D) Sonoma County. 

2 ‘‘(2) WATER RECLAMATION AND REUSE

3 PROJECT.—The term ‘water reclamation and reuse 

4 project’ means a project carried out by the Secretary 

5 and an eligible entity in the North San Pablo Bay 

6 watershed relating to— 

7 ‘‘(A) water quality improvement; 

8 ‘‘(B) wastewater treatment; 

9 ‘‘(C) water reclamation and reuse; 

10 ‘‘(D) groundwater recharge and protection; 

11 ‘‘(E) surface water augmentation; or 

12 ‘‘(F) other related improvements. 

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

14 of California. 

15 ‘‘(b) NORTH BAY WATER REUSE PROGRAM.— 

16 ‘‘(1) IN GENERAL.—Contingent upon a finding 

17 of feasibility, the Secretary, acting through a cooper18 ative agreement with the State or a subdivision of 

19 the State, is authorized to enter into cooperative 

20 agreements with eligible entities for the planning, 

21 design, and construction of water reclamation and 

22 reuse facilities and recycled water conveyance and 

23 distribution systems. 

24 ‘‘(2) COORDINATION WITH OTHER FEDERAL

25 AGENCIES.—In carrying out this section, the Sec-
872 

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1 retary and the eligible entity shall, to the maximum 

2 extent practicable, use the design work and environ3 mental evaluations initiated by— 

4 ‘‘(A) non-Federal entities; and 

5 ‘‘(B) the Corps of Engineers in the San 

6 Pablo Bay Watershed of the State. 

7 ‘‘(3) PHASED PROJECT.—A cooperative agree8 ment described in paragraph (1) shall require that 

9 the North Bay Water Reuse Program carried out 

10 under this section shall consist of 2 phases as fol11 lows: 

12 ‘‘(A) FIRST PHASE.—During the first 

13 phase, the Secretary and an eligible entity shall 

14 complete the planning, design, and construction 

15 of the main treatment and main conveyance 

16 systems. 

17 ‘‘(B) SECOND PHASE.—During the second 

18 phase, the Secretary and an eligible entity shall 

19 complete the planning, design, and construction 

20 of the sub-regional distribution systems. 

21 ‘‘(4) COST SHARING.— 

22 ‘‘(A) FEDERAL SHARE.—The Federal 

23 share of the cost of the first phase of the 

24 project authorized by this section shall not ex-
873 

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1 ceed 25 percent of the total cost of the first 

2 phase of the project. 

3 ‘‘(B) FORM OF NON-FEDERAL SHARE.— 

4 The non-Federal share may be in the form of 

5 any in-kind services that the Secretary deter6 mines would contribute substantially toward the 

7 completion of the water reclamation and reuse 

8 project, including— 

9 ‘‘(i) reasonable costs incurred by the 

10 eligible entity relating to the planning, de11 sign, and construction of the water rec12 lamation and reuse project; and 

13 ‘‘(ii) the acquisition costs of land ac14 quired for the project that is— 

15 ‘‘(I) used for planning, design, 

16 and construction of the water rec17 lamation and reuse project facilities; 

18 and 

19 ‘‘(II) owned by an eligible entity 

20 and directly related to the project. 

21 ‘‘(C) LIMITATION.—The Secretary shall 

22 not provide funds for the operation and mainte23 nance of the project authorized by this section. 

24 ‘‘(5) EFFECT.—Nothing in this section— 

25 ‘‘(A) affects or preempts— 
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1 ‘‘(i) State water law; or 

2 ‘‘(ii) an interstate compact relating to 

3 the allocation of water; or 

4 ‘‘(B) confers on any non-Federal entity the 

5 ability to exercise any Federal right to— 

6 ‘‘(i) the water of a stream; or 

7 ‘‘(ii) any groundwater resource. 

8 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated for the Fed10 eral share of the total cost of the first phase of the 

11 project authorized by this section $25,000,000, to 

12 remain available until expended.’’. 

13 (b) CONFORMING AMENDMENT.—The table of sec14 tions in section 2 of Public Law 102–575 (as amended 

15 by section 9109(b)) is amended by inserting after the item 

16 relating to section 1650 the following: 

‘‘Sec. 1651. North Bay water reuse program.’’. 

17 SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM 

18 PROJECT, CALIFORNIA. 

19 (a) PRADO BASIN NATURAL TREATMENT SYSTEM

20 PROJECT.— 

21 (1) IN GENERAL.—The Reclamation Waste22 water and Groundwater Study and Facilities Act 

23 (Public Law 102–575, title XVI; 43 U.S.C. 390h et 

24 seq.) (as amended by section 9110(a)) is amended 

25 by adding at the end the following: 
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1 ‘‘SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM 

2 PROJECT. 

3 ‘‘(a) IN GENERAL.—The Secretary, in cooperation 

4 with the Orange County Water District, shall participate 

5 in the planning, design, and construction of natural treat6 ment systems and wetlands for the flows of the Santa Ana 

7 River, California, and its tributaries into the Prado Basin. 

8 ‘‘(b) COST SHARING.—The Federal share of the cost 

9 of the project described in subsection (a) shall not exceed 

10 25 percent of the total cost of the project. 

11 ‘‘(c) LIMITATION.—Funds provided by the Secretary 

12 shall not be used for the operation and maintenance of 

13 the project described in subsection (a). 

14 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated to carry out this section 

16 $10,000,000. 

17 ‘‘(e) SUNSET OF AUTHORITY.—This section shall 

18 have no effect after the date that is 10 years after the 

19 date of the enactment of this section.’’. 

20 (2) CONFORMING AMENDMENT.—The table of 

21 sections in section 2 of Public Law 102–575 (43 

22 U.S.C. prec. 371) (as amended by section 9110(b)) 

23 is amended by inserting after the last item the fol24 lowing: 

‘‘1652. Prado Basin Natural Treatment System Project.’’. 
876 

•S 22 ES

1 (b) LOWER CHINO DAIRY AREA DESALINATION

2 DEMONSTRATION AND RECLAMATION PROJECT.— 

3 (1) IN GENERAL.—The Reclamation Waste4 water and Groundwater Study and Facilities Act 

5 (Public Law 102–575, title XVI; 43 U.S.C. 390h et 

6 seq.) (as amended by subsection (a)(1)) is amended 

7 by adding at the end the following: 

8 ‘‘SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION 

9 DEMONSTRATION AND RECLAMATION 

10 PROJECT. 

11 ‘‘(a) IN GENERAL.—The Secretary, in cooperation 

12 with the Chino Basin Watermaster, the Inland Empire 

13 Utilities Agency, and the Santa Ana Watershed Project 

14 Authority and acting under the Federal reclamation laws, 

15 shall participate in the design, planning, and construction 

16 of the Lower Chino Dairy Area desalination demonstra17 tion and reclamation project. 

18 ‘‘(b) COST SHARING.—The Federal share of the cost 

19 of the project described in subsection (a) shall not ex20 ceed— 

21 ‘‘(1) 25 percent of the total cost of the project; 

22 or 

23 ‘‘(2) $26,000,000. 
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1 ‘‘(c) LIMITATION.—Funds provided by the Secretary 

2 shall not be used for operation or maintenance of the 

3 project described in subsection (a). 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as are nec6 essary to carry out this section. 

7 ‘‘(e) SUNSET OF AUTHORITY.—This section shall 

8 have no effect after the date that is 10 years after the 

9 date of the enactment of this section.’’. 

10 (2) CONFORMING AMENDMENT.—The table of 

11 sections in section 2 of Public Law 102–575 (43 

12 U.S.C. prec. 371) (as amended by subsection (a)(2)) 

13 is amended by inserting after the last item the fol14 lowing: 

‘‘1653. Lower Chino dairy area desalination demonstration and reclamation 

project.’’. 

15 (c) ORANGE COUNTY REGIONAL WATER RECLAMA16 TION PROJECT.—Section 1624 of the Reclamation Waste17 water and Groundwater Study and Facilities Act (Public 

18 Law 102–575, title XVI; 43 U.S.C. 390h–12j) is amend19 ed— 

20 (1) in the section heading, by striking the 

21 words ‘‘PHASE 1 OF THE’’; and 

22 (2) in subsection (a), by striking ‘‘phase 1 of’’. 
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1 SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALI2 FORNIA. 

3 (a) DEFINITIONS.—In this section: 

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

5 Western Municipal Water District, Riverside Coun6 ty, California. 

7 (2) PROJECT.— 

8 (A) IN GENERAL.—The term ‘‘Project’’ 

9 means the Riverside-Corona Feeder Project. 

10 (B) INCLUSIONS.—The term ‘‘Project’’ in11 cludes— 

12 (i) 20 groundwater wells; 

13 (ii) groundwater treatment facilities; 

14 (iii) water storage and pumping facili15 ties; and 

16 (iv) 28 miles of pipeline in San 

17 Bernardino and Riverside Counties in the 

18 State of California. 

19 (C) SECRETARY.—The term ‘‘Secretary’’ 

20 means the Secretary of the Interior. 

21 (b) PLANNING, DESIGN, AND CONSTRUCTION OF

22 RIVERSIDE-CORONA FEEDER.— 

23 (1) IN GENERAL.—The Secretary, in coopera24 tion with the District, may participate in the plan25 ning, design, and construction of the Project. 
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1 (2) AGREEMENTS AND REGULATIONS.—The 

2 Secretary may enter into such agreements and pro3 mulgate such regulations as are necessary to carry 

4 out this subsection. 

5 (3) FEDERAL SHARE.— 

6 (A) PLANNING, DESIGN, CONSTRUCTION.— 

7 The Federal share of the cost to plan, design, 

8 and construct the Project shall not exceed the 

9 lesser of— 

10 (i) an amount equal to 25 percent of 

11 the total cost of the Project; and 

12 (ii) $26,000,000. 

13 (B) STUDIES.—The Federal share of the 

14 cost to complete the necessary planning studies 

15 associated with the Project— 

16 (i) shall not exceed an amount equal 

17 to 50 percent of the total cost of the stud18 ies; and 

19 (ii) shall be included as part of the 

20 limitation described in subparagraph (A). 

21 (4) IN-KIND SERVICES.—The non-Federal share 

22 of the cost of the Project may be provided in cash 

23 or in kind. 
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1 (5) LIMITATION.—Funds provided by the Sec2 retary under this subsection shall not be used for op3 eration or maintenance of the Project. 

4 (6) AUTHORIZATION OF APPROPRIATIONS.— 

5 There is authorized to be appropriated to the Sec6 retary to carry out this subsection the lesser of— 

7 (A) an amount equal to 25 percent of the 

8 total cost of the Project; and 

9 (B) $26,000,000. 

10 SEC. 9113. GREAT PROJECT, CALIFORNIA. 

11 (a) IN GENERAL.—The Reclamation Wastewater and 

12 Groundwater Study and Facilities Act (title XVI of Public 

13 Law 102–575; 43 U.S.C. 390h et seq.) (as amended by 

14 section 9111(b)(1)) is amended by adding at the end the 

15 following: 

16 ‘‘SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, 

17 REUSE, AND TREATMENT PROJECT. 

18 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera19 tion with the City of Oxnard, California, may participate 

20 in the design, planning, and construction of Phase I per21 manent facilities for the GREAT project to reclaim, reuse, 

22 and treat impaired water in the area of Oxnard, Cali23 fornia. 
881 

•S 22 ES

1 ‘‘(b) COST SHARE.—The Federal share of the costs 

2 of the project described in subsection (a) shall not exceed 

3 25 percent of the total cost. 

4 ‘‘(c) LIMITATION.—The Secretary shall not provide 

5 funds for the following: 

6 ‘‘(1) The operations and maintenance of the 

7 project described in subsection (a). 

8 ‘‘(2) The construction, operations, and mainte9 nance of the visitor’s center related to the project 

10 described in subsection (a). 

11 ‘‘(d) SUNSET OF AUTHORITY.—The authority of the 

12 Secretary to carry out any provisions of this section shall 

13 terminate 10 years after the date of the enactment of this 

14 section.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 in section 2 of the Reclamation Projects Authorization and 

17 Adjustment Act of 1992 (as amended by section 

18 9111(b)(2)) is amended by inserting after the last item 

19 the following: 

‘‘Sec. 1654. Oxnard, California, water reclamation, reuse, and treatment 

project.’’. 

20 SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALI21 FORNIA. 

22 (a) IN GENERAL.—The Reclamation Wastewater and 

23 Groundwater Study and Facilities Act (Public Law 102– 

24 575, title XVI; 43 U.S.C. 390h et seq.) (as amended by 
882 

•S 22 ES

1 section 9113(a)) is amended by adding at the end the fol2 lowing: 

3 ‘‘SEC. 1655. YUCAIPA VALLEY REGIONAL WATER SUPPLY 

4 RENEWAL PROJECT. 

5 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera6 tion with the Yucaipa Valley Water District, may partici7 pate in the design, planning, and construction of projects 

8 to treat impaired surface water, reclaim and reuse im9 paired groundwater, and provide brine disposal within the 

10 Santa Ana Watershed as described in the report submitted 

11 under section 1606. 

12 ‘‘(b) COST SHARING.—The Federal share of the cost 

13 of the project described in subsection (a) shall not exceed 

14 25 percent of the total cost of the project. 

15 ‘‘(c) LIMITATION.—Funds provided by the Secretary 

16 shall not be used for operation or maintenance of the 

17 project described in subsection (a). 

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

19 is authorized to be appropriated to carry out this section 

20 $20,000,000. 

21 ‘‘SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, 

22 WATER RECYCLING AND REUSE PROJECT. 

23 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera24 tion with the City of Corona Water Utility, California, is 

25 authorized to participate in the design, planning, and con-
883 

•S 22 ES

1 struction of, and land acquisition for, a project to reclaim 

2 and reuse wastewater, including degraded groundwaters, 

3 within and outside of the service area of the City of Co4 rona Water Utility, California. 

5 ‘‘(b) COST SHARE.—The Federal share of the cost 

6 of the project authorized by this section shall not exceed 

7 25 percent of the total cost of the project. 

8 ‘‘(c) LIMITATION.—The Secretary shall not provide 

9 funds for the operation and maintenance of the project 

10 authorized by this section.’’. 

11 (b) CONFORMING AMENDMENTS.—The table of sec12 tions in section 2 of Public Law 102–575 (as amended 

13 by section 9114(b)) is amended by inserting after the last 

14 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.’’. 

15 SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO. 

16 (a) COST SHARE.—The first section of Public Law 

17 87–590 (76 Stat. 389) is amended in the second sentence 

18 of subsection (c) by inserting after ‘‘cost thereof,’’ the fol19 lowing: ‘‘or in the case of the Arkansas Valley Conduit, 

20 payment in an amount equal to 35 percent of the cost 

21 of the conduit that is comprised of revenue generated by 

22 payments pursuant to a repayment contract and revenue 

23 that may be derived from contracts for the use of 
884 

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1 Fryingpan-Arkansas project excess capacity or exchange 

2 contracts using Fryingpan-Arkansas project facilities,’’. 

3 (b) RATES.—Section 2(b) of Public Law 87–590 (76 

4 Stat. 390) is amended— 

5 (1) by striking ‘‘(b) Rates’’ and inserting the 

6 following: 

7 ‘‘(b) RATES.— 

8 ‘‘(1) IN GENERAL.—Rates’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN

11 VALLEY PIPELINE, AND SOUTH OUTLET WORKS AT

12 PUEBLO DAM AND RESERVOIR.— 

13 ‘‘(A) IN GENERAL.—Notwithstanding the 

14 reclamation laws, until the date on which the 

15 payments for the Arkansas Valley Conduit 

16 under paragraph (3) begin, any revenue that 

17 may be derived from contracts for the use of 

18 Fryingpan-Arkansas project excess capacity or 

19 exchange contracts using Fryingpan-Arkansas 

20 project facilities shall be credited towards pay21 ment of the actual cost of Ruedi Dam and Res22 ervoir, the Fountain Valley Pipeline, and the 

23 South Outlet Works at Pueblo Dam and Res24 ervoir plus interest in an amount determined in 

25 accordance with this section. 
885 

•S 22 ES

1 ‘‘(B) EFFECT.—Nothing in the Federal 

2 reclamation law (the Act of June 17, 1902 (32 

3 Stat. 388, chapter 1093), and Acts supple4 mental to and amendatory of that Act (43 

5 U.S.C. 371 et seq.)) prohibits the concurrent 

6 crediting of revenue (with interest as provided 

7 under this section) towards payment of the Ar8 kansas Valley Conduit as provided under this 

9 paragraph. 

10 ‘‘(3) ARKANSAS VALLEY CONDUIT.— 

11 ‘‘(A) USE OF REVENUE.—Notwithstanding 

12 the reclamation laws, any revenue derived from 

13 contracts for the use of Fryingpan-Arkansas 

14 project excess capacity or exchange contracts 

15 using Fryingpan-Arkansas project facilities 

16 shall be credited towards payment of the actual 

17 cost of the Arkansas Valley Conduit plus inter18 est in an amount determined in accordance with 

19 this section. 

20 ‘‘(B) ADJUSTMENT OF RATES.—Any rates 

21 charged under this section for water for munic22 ipal, domestic, or industrial use or for the use 

23 of facilities for the storage or delivery of water 

24 shall be adjusted to reflect the estimated rev25 enue derived from contracts for the use of 
886 

•S 22 ES

1 Fryingpan-Arkansas project excess capacity or 

2 exchange contracts using Fryingpan-Arkansas 

3 project facilities.’’. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 7 of Public Law 87–590 (76 Stat. 393) is amended— 

6 (1) by striking ‘‘SEC. 7. There is hereby’’ and 

7 inserting the following: 

8 ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

9 ‘‘(a) IN GENERAL.—There is’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(b) ARKANSAS VALLEY CONDUIT.— 

12 ‘‘(1) IN GENERAL.—Subject to annual appro13 priations and paragraph (2), there are authorized to 

14 be appropriated such sums as are necessary for the 

15 construction of the Arkansas Valley Conduit. 

16 ‘‘(2) LIMITATION.—Amounts made available 

17 under paragraph (1) shall not be used for the oper18 ation or maintenance of the Arkansas Valley Con19 duit.’’. 

20 Subtitle C—Title Transfers and 

21 Clarifications 

22 SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FA23 CILITIES. 

24 (a) DEFINITIONS.—In this section: 
887 

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1 (1) AGREEMENT.—The term ‘‘Agreement’’ 

2 means the agreement numbered 06–AG–60–2115 

3 and entitled ‘‘Agreement Between the United States 

4 of America and McGee Creek Authority for the Pur5 pose of Defining Responsibilities Related to and Im6 plementing the Title Transfer of Certain Facilities 

7 at the McGee Creek Project, Oklahoma’’. 

8 (2) AUTHORITY.—The term ‘‘Authority’’ means 

9 the McGee Creek Authority located in Oklahoma 

10 City, Oklahoma. 

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

12 the Secretary of the Interior. 

13 (b) CONVEYANCE OF MCGEE CREEK PROJECT PIPE14 LINE AND ASSOCIATED FACILITIES.— 

15 (1) AUTHORITY TO CONVEY.— 

16 (A) IN GENERAL.—In accordance with all 

17 applicable laws and consistent with any terms 

18 and conditions provided in the Agreement, the 

19 Secretary may convey to the Authority all right, 

20 title, and interest of the United States in and 

21 to the pipeline and any associated facilities de22 scribed in the Agreement, including— 

23 (i) the pumping plant; 
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•S 22 ES

1 (ii) the raw water pipeline from the 

2 McGee Creek pumping plant to the rate of 

3 flow control station at Lake Atoka; 

4 (iii) the surge tank; 

5 (iv) the regulating tank; 

6 (v) the McGee Creek operation and 

7 maintenance complex, maintenance shop, 

8 and pole barn; and 

9 (vi) any other appurtenances, ease10 ments, and fee title land associated with 

11 the facilities described in clauses (i) 

12 through (v), in accordance with the Agree13 ment. 

14 (B) EXCLUSION OF MINERAL ESTATE

15 FROM CONVEYANCE.— 

16 (i) IN GENERAL.—The mineral estate 

17 shall be excluded from the conveyance of 

18 any land or facilities under subparagraph 

19 (A). 

20 (ii) MANAGEMENT.—Any mineral in21 terests retained by the United States 

22 under this section shall be managed— 

23 (I) consistent with Federal law; 

24 and 
889 

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1 (II) in a manner that would not 

2 interfere with the purposes for which 

3 the McGee Creek Project was author4 ized. 

5 (C) COMPLIANCE WITH AGREEMENT; AP6 PLICABLE LAW.— 

7 (i) AGREEMENT.—All parties to the 

8 conveyance under subparagraph (A) shall 

9 comply with the terms and conditions of 

10 the Agreement, to the extent consistent 

11 with this section. 

12 (ii) APPLICABLE LAW.—Before any 

13 conveyance under subparagraph (A), the 

14 Secretary shall complete any actions re15 quired under— 

16 (I) the National Environmental 

17 Policy Act of 1969 (42 U.S.C. 4321 

18 et seq.); 

19 (II) the Endangered Species Act 

20 of 1973 (16 U.S.C. 1531 et seq.); 

21 (III) the National Historic Pres22 ervation Act (16 U.S.C. 470 et seq.); 

23 and 

24 (IV) any other applicable laws. 
890 

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1 (2) OPERATION OF TRANSFERRED FACILI2 TIES.— 

3 (A) IN GENERAL.—On the conveyance of 

4 the land and facilities under paragraph (1)(A), 

5 the Authority shall comply with all applicable 

6 Federal, State, and local laws (including regula7 tions) in the operation of any transferred facili8 ties. 

9 (B) OPERATION AND MAINTENANCE

10 COSTS.— 

11 (i) IN GENERAL.—After the convey12 ance of the land and facilities under para13 graph (1)(A) and consistent with the 

14 Agreement, the Authority shall be respon15 sible for all duties and costs associated 

16 with the operation, replacement, mainte17 nance, enhancement, and betterment of the 

18 transferred land and facilities. 

19 (ii) LIMITATION ON FUNDING.—The 

20 Authority shall not be eligible to receive 

21 any Federal funding to assist in the oper22 ation, replacement, maintenance, enhance23 ment, and betterment of the transferred 

24 land and facilities, except for funding that 
891 

•S 22 ES

1 would be available to any comparable enti2 ty that is not subject to reclamation laws. 

3 (3) RELEASE FROM LIABILITY.— 

4 (A) IN GENERAL.—Effective beginning on 

5 the date of the conveyance of the land and fa6 cilities under paragraph (1)(A), the United 

7 States shall not be liable for damages of any 

8 kind arising out of any act, omission, or occur9 rence relating to any land or facilities conveyed, 

10 except for damages caused by acts of negligence 

11 committed by the United States (including any 

12 employee or agent of the United States) before 

13 the date of the conveyance. 

14 (B) NO ADDITIONAL LIABILITY.—Nothing 

15 in this paragraph adds to any liability that the 

16 United States may have under chapter 171 of 

17 title 28, United States Code. 

18 (4) CONTRACTUAL OBLIGATIONS.— 

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

20 subparagraph (B), any rights and obligations 

21 under the contract numbered 0–07–50–X0822 

22 and dated October 11, 1979, between the Au23 thority and the United States for the construc24 tion, operation, and maintenance of the McGee 
892 

•S 22 ES

1 Creek Project, shall remain in full force and ef2 fect. 

3 (B) AMENDMENTS.—With the consent of 

4 the Authority, the Secretary may amend the 

5 contract described in subparagraph (A) to re6 flect the conveyance of the land and facilities 

7 under paragraph (1)(A). 

8 (5) APPLICABILITY OF THE RECLAMATION

9 LAWS.—Notwithstanding the conveyance of the land 

10 and facilities under paragraph (1)(A), the reclama11 tion laws shall continue to apply to any project 

12 water provided to the Authority. 

13 SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEX14 ICO, TITLE CLARIFICATION. 

15 (a) PURPOSE.—The purpose of this section is to di16 rect the Secretary of the Interior to issue a quitclaim deed 

17 conveying any right, title, and interest the United States 

18 may have in and to Tingley Beach, San Gabriel Park, or 

19 the BioPark Parcels to the City, thereby removing a po20 tential cloud on the City’s title to these lands. 

21 (b) DEFINITIONS.—In this section: 

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

23 Albuquerque, New Mexico. 

24 (2) BIOPARK PARCELS.—The term ‘‘BioPark 

25 Parcels’’ means a certain area of land containing 
893 

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1 19.16 acres, more or less, situated within the Town 

2 of Albuquerque Grant, in Projected Section 13, 

3 Township 10 North, Range 2 East, N.M.P.M., City 

4 of Albuquerque, Bernalillo County, New Mexico, 

5 comprised of the following platted tracts and lot, 

6 and MRGCD tracts: 

7 (A) Tracts A and B, Albuquerque Biologi8 cal Park, as the same are shown and designated 

9 on the Plat of Tracts A & B, Albuquerque Bio10 logical Park, recorded in the Office of the 

11 County Clerk of Bernalillo County, New Mexico 

12 on February 11, 1994 in Book 94C, Page 44; 

13 containing 17.9051 acres, more or less. 

14 (B) Lot B–1, Roger Cox Addition, as the 

15 same is shown and designated on the Plat of 

16 Lots B–1 and B–2 Roger Cox Addition, re17 corded in the Office of the County Clerk of 

18 Bernalillo County, New Mexico on October 3, 

19 1985 in Book C28, Page 99; containing 0.6289 

20 acres, more or less. 

21 (C) Tract 361 of MRGCD Map 38, bound22 ed on the north by Tract A, Albuquerque Bio23 logical Park, on the east by the westerly right24 of-way of Central Avenue, on the south by 

25 Tract 332B MRGCD Map 38, and on the west 
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1 by Tract B, Albuquerque Biological Park; con2 taining 0.30 acres, more or less. 

3 (D) Tract 332B of MRGCD Map 38; 

4 bounded on the north by Tract 361, MRGCD 

5 Map 38, on the west by Tract 32A–1–A, 

6 MRGCD Map 38, and on the south and east by 

7 the westerly right-of-way of Central Avenue; 

8 containing 0.25 acres, more or less. 

9 (E) Tract 331A–1A of MRGCD Map 38, 

10 bounded on the west by Tract B, Albuquerque 

11 Biological Park, on the east by Tract 332B, 

12 MRGCD Map 38, and on the south by the 

13 westerly right-of-way of Central Avenue and 

14 Tract A, Albuquerque Biological Park; con15 taining 0.08 acres, more or less. 

16 (3) MIDDLE RIO GRANDE CONSERVANCY DIS17 TRICT.—The terms ‘‘Middle Rio Grande Conser18 vancy District’’ and ‘‘MRGCD’’ mean a political 

19 subdivision of the State of New Mexico, created in 

20 1925 to provide and maintain flood protection and 

21 drainage, and maintenance of ditches, canals, and 

22 distribution systems for irrigation and water delivery 

23 and operations in the Middle Rio Grande Valley. 

24 (4) MIDDLE RIO GRANDE PROJECT.—The term 

25 ‘‘Middle Rio Grande Project’’ means the works asso-
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1 ciated with water deliveries and operations in the 

2 Rio Grande basin as authorized by the Flood Con3 trol Act of 1948 (Public Law 80–858; 62 Stat. 

4 1175) and the Flood Control Act of 1950 (Public 

5 Law 81–516; 64 Stat. 170). 

6 (5) SAN GABRIEL PARK.—The term ‘‘San Ga7 briel Park’’ means the tract of land containing 

8 40.2236 acres, more or less, situated within Section 

9 12 and Section 13, T10N, R2E, N.M.P.M., City of 

10 Albuquerque, Bernalillo County, New Mexico, and 

11 described by New Mexico State Plane Grid Bearings 

12 (Central Zone) and ground distances in a Special 

13 Warranty Deed conveying the property from 

14 MRGCD to the City, dated November 25, 1997. 

15 (6) TINGLEY BEACH.—The term ‘‘Tingley 

16 Beach’’ means the tract of land containing 25.2005 

17 acres, more or less, situated within Section 13 and 

18 Section 24, T10N, R2E, and secs. 18 and 19, 

19 T10N, R3E, N.M.P.M., City of Albuquerque, 

20 Bernalillo County, New Mexico, and described by 

21 New Mexico State Plane Grid Bearings (Central 

22 Zone) and ground distances in a Special Warranty 

23 Deed conveying the property from MRGCD to the 

24 City, dated November 25, 1997. 

25 (c) CLARIFICATION OF PROPERTY INTEREST.— 
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1 (1) REQUIRED ACTION.—The Secretary of the 

2 Interior shall issue a quitclaim deed conveying any 

3 right, title, and interest the United States may have 

4 in and to Tingley Beach, San Gabriel Park, and the 

5 BioPark Parcels to the City. 

6 (2) TIMING.—The Secretary shall carry out the 

7 action in paragraph (1) as soon as practicable after 

8 the date of enactment of this Act and in accordance 

9 with all applicable law. 

10 (3) NO ADDITIONAL PAYMENT.—The City shall 

11 not be required to pay any additional costs to the 

12 United States for the value of San Gabriel Park, 

13 Tingley Beach, and the BioPark Parcels. 

14 (d) OTHER RIGHTS, TITLE, AND INTERESTS UNAF15 FECTED.— 

16 (1) IN GENERAL.—Except as expressly provided 

17 in subsection (c), nothing in this section shall be 

18 construed to affect any right, title, or interest in and 

19 to any land associated with the Middle Rio Grande 

20 Project. 

21 (2) ONGOING LITIGATION.—Nothing contained 

22 in this section shall be construed or utilized to affect 

23 or otherwise interfere with any position set forth by 

24 any party in the lawsuit pending before the United 

25 States District Court for the District of New Mex-
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1 ico, 99–CV–01320–JAP–RHS, entitled Rio Grande 

2 Silvery Minnow v. John W. Keys, III, concerning the 

3 right, title, or interest in and to any property associ4 ated with the Middle Rio Grande Project. 

5 SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION 

6 SYSTEM, CALIFORNIA. 

7 (a) DEFINITIONS.—In this section: 

8 (1) AGREEMENT.—The term ‘‘Agreement’’ 

9 means Agreement No. 07–LC–20–9387 between the 

10 United States and the District, entitled ‘‘Agreement 

11 Between the United States and the Goleta Water 

12 District to Transfer Title of the Federally Owned 

13 Distribution System to the Goleta Water District’’. 

14 (2) DISTRICT.—The term ‘‘District’’ means the 

15 Goleta Water District, located in Santa Barbara 

16 County, California. 

17 (3) GOLETA WATER DISTRIBUTION SYSTEM.— 

18 The term ‘‘Goleta Water Distribution System’’ 

19 means the facilities constructed by the United States 

20 to enable the District to convey water to its water 

21 users, and associated lands, as described in Appen22 dix A of the Agreement. 

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

24 the Secretary of the Interior. 
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1 (b) CONVEYANCE OF THE GOLETA WATER DIS2 TRIBUTION SYSTEM.—The Secretary is authorized to con3 vey to the District all right, title, and interest of the 

4 United States in and to the Goleta Water Distribution 

5 System of the Cachuma Project, California, subject to 

6 valid existing rights and consistent with the terms and 

7 conditions set forth in the Agreement. 

8 (c) LIABILITY.—Effective upon the date of the con9 veyance authorized by subsection (b), the United States 

10 shall not be held liable by any court for damages of any 

11 kind arising out of any act, omission, or occurrence relat12 ing to the lands, buildings, or facilities conveyed under this 

13 section, except for damages caused by acts of negligence 

14 committed by the United States or by its employees or 

15 agents prior to the date of conveyance. Nothing in this 

16 section increases the liability of the United States beyond 

17 that provided in chapter 171 of title 28, United States 

18 Code (popularly known as the Federal Tort Claims Act). 

19 (d) BENEFITS.—After conveyance of the Goleta 

20 Water Distribution System under this section— 

21 (1) such distribution system shall not be consid22 ered to be a part of a Federal reclamation project; 

23 and 

24 (2) the District shall not be eligible to receive 

25 any benefits with respect to any facility comprising 
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1 the Goleta Water Distribution System, except bene2 fits that would be available to a similarly situated 

3 entity with respect to property that is not part of a 

4 Federal reclamation project. 

5 (e) COMPLIANCE WITH OTHER LAWS.— 

6 (1) COMPLIANCE WITH ENVIRONMENTAL AND

7 HISTORIC PRESERVATION LAWS.—Prior to any con8 veyance under this section, the Secretary shall com9 plete all actions required under the National Envi10 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

11 seq.), the Endangered Species Act of 1973 (16 

12 U.S.C. 1531 et seq.), the National Historic Preser13 vation Act (16 U.S.C. 470 et seq.), and all other ap14 plicable laws. 

15 (2) COMPLIANCE BY THE DISTRICT.—Upon the 

16 conveyance of the Goleta Water Distribution System 

17 under this section, the District shall comply with all 

18 applicable Federal, State, and local laws and regula19 tions in its operation of the facilities that are trans20 ferred. 

21 (3) APPLICABLE AUTHORITY.—All provisions of 

22 Federal reclamation law (the Act of June 17, 1902 

23 (43 U.S.C. 371 et seq.) and Acts supplemental to 

24 and amendatory of that Act) shall continue to be ap25 plicable to project water provided to the District. 
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•S 22 ES

1 (f) REPORT.—If, 12 months after the date of the en2 actment of this Act, the Secretary has not completed the 

3 conveyance required under subsection (b), the Secretary 

4 shall complete a report that states the reason the convey5 ance has not been completed and the date by which the 

6 conveyance shall be completed. The Secretary shall submit 

7 a report required under this subsection to Congress not 

8 later than 14 months after the date of the enactment of 

9 this Act. 

10 Subtitle D—San Gabriel Basin 

11 Restoration Fund 

12 SEC. 9301. RESTORATION FUND. 

13 Section 110 of division B of the Miscellaneous Appro14 priations Act, 2001 (114 Stat. 2763A–222), as enacted 

15 into law by section 1(a)(4) of the Consolidated Appropria16 tions Act, 2001 (Public Law 106–554, as amended by 

17 Public Law 107–66), is further amended— 

18 (1) in subsection (a)(3)(B), by inserting after 

19 clause (iii) the following: 

20 ‘‘(iv) NON-FEDERAL MATCH.—After 

21 $85,000,000 has cumulatively been appro22 priated under subsection (d)(1), the re23 mainder of Federal funds appropriated 

24 under subsection (d) shall be subject to the 

25 following matching requirement: 
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1 ‘‘(I) SAN GABRIEL BASIN WATER

2 QUALITY AUTHORITY.—The San Ga3 briel Basin Water Quality Authority 

4 shall be responsible for providing a 35 

5 percent non-Federal match for Fed6 eral funds made available to the Au7 thority under this Act. 

8 ‘‘(II) CENTRAL BASIN MUNICIPAL

9 WATER DISTRICT.—The Central Basin 

10 Municipal Water District shall be re11 sponsible for providing a 35 percent 

12 non-Federal match for Federal funds 

13 made available to the District under 

14 this Act.’’; 

15 (2) in subsection (a), by adding at the end the 

16 following: 

17 ‘‘(4) INTEREST ON FUNDS IN RESTORATION

18 FUND.—No amounts appropriated above the cumu19 lative amount of $85,000,000 to the Restoration 

20 Fund under subsection (d)(1) shall be invested by 

21 the Secretary of the Treasury in interest-bearing se22 curities of the United States.’’; and 

23 (3) by amending subsection (d) to read as fol24 lows: 

25 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
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1 ‘‘(1) IN GENERAL.—There is authorized to be 

2 appropriated to the Restoration Fund established 

3 under subsection (a) $146,200,000. Such funds shall 

4 remain available until expended. 

5 ‘‘(2) SET-ASIDE.—Of the amounts appropriated 

6 under paragraph (1), no more than $21,200,000 

7 shall be made available to carry out the Central 

8 Basin Water Quality Project.’’. 

9 Subtitle E—Lower Colorado River 

10 Multi-Species Conservation Pro11 gram 

12 SEC. 9401. DEFINITIONS. 

13 In this subtitle: 

14 (1) LOWER COLORADO RIVER MULTI-SPECIES

15 CONSERVATION PROGRAM.—The term ‘‘Lower Colo16 rado River Multi-Species Conservation Program’’ or 

17 ‘‘LCR MSCP’’ means the cooperative effort on the 

18 Lower Colorado River between Federal and non19 Federal entities in Arizona, California, and Nevada 

20 approved by the Secretary of the Interior on April 

21 2, 2005. 

22 (2) LOWER COLORADO RIVER.—The term 

23 ‘‘Lower Colorado River’’ means the segment of the 

24 Colorado River within the planning area as provided 
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•S 22 ES

1 in section 2(B) of the Implementing Agreement, a 

2 Program Document. 

3 (3) PROGRAM DOCUMENTS.—The term ‘‘Pro4 gram Documents’’ means the Habitat Conservation 

5 Plan, Biological Assessment and Biological and Con6 ference Opinion, Environmental Impact Statement/ 

7 Environmental Impact Report, Funding and Man8 agement Agreement, Implementing Agreement, and 

9 Section 10(a)(1)(B) Permit issued and, as applica10 ble, executed in connection with the LCR MSCP, 

11 and any amendments or successor documents that 

12 are developed consistent with existing agreements 

13 and applicable law. 

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

15 the Secretary of the Interior. 

16 (5) STATE.—The term ‘‘State’’ means each of 

17 the States of Arizona, California, and Nevada. 

18 SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING. 

19 (a) IMPLEMENTATION.—The Secretary is authorized 

20 to manage and implement the LCR MSCP in accordance 

21 with the Program Documents. 

22 (b) WATER ACCOUNTING.—The Secretary is author23 ized to enter into an agreement with the States providing 

24 for the use of water from the Lower Colorado River for 
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1 habitat creation and maintenance in accordance with the 

2 Program Documents. 

3 SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS. 

4 (a) IN GENERAL.—Due to the unique conditions of 

5 the Colorado River, any party to the Funding and Man6 agement Agreement or the Implementing Agreement, and 

7 any permittee under the Section 10(a)(1)(B) Permit, may 

8 commence a civil action in United States district court to 

9 adjudicate, confirm, validate or decree the rights and obli10 gations of the parties under those Program Documents. 

11 (b) JURISDICTION.—The district court shall have ju12 risdiction over such actions and may issue such orders, 

13 judgments, and decrees as are consistent with the court’s 

14 exercise of jurisdiction under this section. 

15 (c) UNITED STATES AS DEFENDANT.— 

16 (1) IN GENERAL.—The United States or any 

17 agency of the United States may be named as a de18 fendant in such actions. 

19 (2) SOVEREIGN IMMUNITY.—Subject to para20 graph (3), the sovereign immunity of the United 

21 States is waived for purposes of actions commenced 

22 pursuant to this section. 

23 (3) NONWAIVER FOR CERTAIN CLAIMS.—Noth24 ing in this section waives the sovereign immunity of 

25 the United States to claims for money damages, 
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1 monetary compensation, the provision of indemnity, 

2 or any claim seeking money from the United States. 

3 (d) RIGHTS UNDER FEDERAL AND STATE LAW.— 

4 (1) IN GENERAL.—Except as specifically pro5 vided in this section, nothing in this section limits 

6 any rights or obligations of any party under Federal 

7 or State law. 

8 (2) APPLICABILITY TO LOWER COLORADO

9 RIVER MULTI-SPECIES CONSERVATION PROGRAM.— 

10 This section— 

11 (A) shall apply only to the Lower Colorado 

12 River Multi-Species Conservation Program; and 

13 (B) shall not affect the terms of, or rights 

14 or obligations under, any other conservation 

15 plan created pursuant to any Federal or State 

16 law. 

17 (e) VENUE.—Any suit pursuant to this section may 

18 be brought in any United States district court in the State 

19 in which any non-Federal party to the suit is situated. 

20 SEC. 9404. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) IN GENERAL.—There is authorized to be appro22 priated to the Secretary such sums as may be necessary 

23 to meet the obligations of the Secretary under the Pro24 gram Documents, to remain available until expended. 
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1 (b) NON-REIMBURSABLE AND NON-RETURNABLE.— 

2 All amounts appropriated to and expended by the Sec3 retary for the LCR MSCP shall be non-reimbursable and 

4 non-returnable. 

5 Subtitle F—Secure Water 

6 SEC. 9501. FINDINGS. 

7 Congress finds that— 

8 (1) adequate and safe supplies of water are fun9 damental to the health, economy, security, and ecol10 ogy of the United States; 

11 (2) systematic data-gathering with respect to, 

12 and research and development of, the water re13 sources of the United States will help ensure the 

14 continued existence of sufficient quantities of water 

15 to support— 

16 (A) increasing populations; 

17 (B) economic growth; 

18 (C) irrigated agriculture; 

19 (D) energy production; and 

20 (E) the protection of aquatic ecosystems; 

21 (3) global climate change poses a significant 

22 challenge to the protection and use of the water re23 sources of the United States due to an increased un24 certainty with respect to the timing, form, and geo25 graphical distribution of precipitation, which may 
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1 have a substantial effect on the supplies of water for 

2 agricultural, hydroelectric power, industrial, domes3 tic supply, and environmental needs; 

4 (4) although States bear the primary responsi5 bility and authority for managing the water re6 sources of the United States, the Federal Govern7 ment should support the States, as well as regional, 

8 local, and tribal governments, by carrying out— 

9 (A) nationwide data collection and moni10 toring activities; 

11 (B) relevant research; and 

12 (C) activities to increase the efficiency of 

13 the use of water in the United States; 

14 (5) Federal agencies that conduct water man15 agement and related activities have a responsi16 bility— 

17 (A) to take a lead role in assessing risks 

18 to the water resources of the United States (in19 cluding risks posed by global climate change); 

20 and 

21 (B) to develop strategies— 

22 (i) to mitigate the potential impacts of 

23 each risk described in subparagraph (A); 

24 and 
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•S 22 ES

1 (ii) to help ensure that the long-term 

2 water resources management of the United 

3 States is sustainable and will ensure sus4 tainable quantities of water; 

5 (6) it is critical to continue and expand re6 search and monitoring efforts— 

7 (A) to improve the understanding of the 

8 variability of the water cycle; and 

9 (B) to provide basic information nec10 essary— 

11 (i) to manage and efficiently use the 

12 water resources of the United States; and 

13 (ii) to identify new supplies of water 

14 that are capable of being reclaimed; and 

15 (7) the study of water use is vital— 

16 (A) to the understanding of the impacts of 

17 human activity on water and ecological re18 sources; and 

19 (B) to the assessment of whether available 

20 surface and groundwater supplies will be avail21 able to meet the future needs of the United 

22 States. 

23 SEC. 9502. DEFINITIONS. 

24 In this section: 
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•S 22 ES

1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the National 

3 Oceanic and Atmospheric Administration. 

4 (2) ADVISORY COMMITTEE.—The term ‘‘Advi5 sory Committee’’ means the National Advisory Com6 mittee on Water Information established— 

7 (A) under the Office of Management and 

8 Budget Circular 92–01; and 

9 (B) to coordinate water data collection ac10 tivities. 

11 (3) ASSESSMENT PROGRAM.—The term ‘‘assess12 ment program’’ means the water availability and use 

13 assessment program established by the Secretary 

14 under section 9508(a). 

15 (4) CLIMATE DIVISION.—The term ‘‘climate di16 vision’’ means 1 of the 359 divisions in the United 

17 States that represents 2 or more regions located 

18 within a State that are as climatically homogeneous 

19 as possible, as determined by the Administrator. 

20 (5) COMMISSIONER.—The term ‘‘Commis21 sioner’’ means the Commissioner of Reclamation. 

22 (6) DIRECTOR.—The term ‘‘Director’’ means 

23 the Director of the United States Geological Survey. 

24 (7) ELIGIBLE APPLICANT.—The term ‘‘eligible 

25 applicant’’ means any State, Indian tribe, irrigation 
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•S 22 ES

1 district, water district, or other organization with 

2 water or power delivery authority. 

3 (8) FEDERAL POWER MARKETING ADMINISTRA4 TION.—The term ‘‘Federal Power Marketing Admin5 istration’’ means— 

6 (A) the Bonneville Power Administration; 

7 (B) the Southeastern Power Administra8 tion; 

9 (C) the Southwestern Power Administra10 tion; and 

11 (D) the Western Area Power Administra12 tion. 

13 (9) HYDROLOGIC ACCOUNTING UNIT.—The 

14 term ‘‘hydrologic accounting unit’’ means 1 of the 

15 352 river basin hydrologic accounting units used by 

16 the United States Geological Survey. 

17 (10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

18 has the meaning given the term in section 4 of the 

19 Indian Self-Determination and Education Assistance 

20 Act (25 U.S.C. 450b). 

21 (11) MAJOR AQUIFER SYSTEM.—The term 

22 ‘‘major aquifer system’’ means a groundwater sys23 tem that is— 

24 (A) identified as a significant groundwater 

25 system by the Director; and 
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•S 22 ES

1 (B) included in the Groundwater Atlas of 

2 the United States, published by the United 

3 States Geological Survey. 

4 (12) MAJOR RECLAMATION RIVER BASIN.— 

5 (A) IN GENERAL.—The term ‘‘major rec6 lamation river basin’’ means each major river 

7 system (including tributaries)— 

8 (i) that is located in a service area of 

9 the Bureau of Reclamation; and 

10 (ii) at which is located a federally au11 thorized project of the Bureau of Reclama12 tion. 

13 (B) INCLUSIONS.—The term ‘‘major rec14 lamation river basin’’ includes— 

15 (i) the Colorado River; 

16 (ii) the Columbia River; 

17 (iii) the Klamath River; 

18 (iv) the Missouri River; 

19 (v) the Rio Grande; 

20 (vi) the Sacramento River; 

21 (vii) the San Joaquin River; and 

22 (viii) the Truckee River. 

23 (13) NON-FEDERAL PARTICIPANT.—The term 

24 ‘‘non-Federal participant’’ means— 

25 (A) a State, regional, or local authority; 
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•S 22 ES

1 (B) an Indian tribe or tribal organization; 

2 or 

3 (C) any other qualifying entity, such as a 

4 water conservation district, water conservancy 

5 district, or rural water district or association, or 

6 a nongovernmental organization. 

7 (14) PANEL.—The term ‘‘panel’’ means the cli8 mate change and water intragovernmental panel es9 tablished by the Secretary under section 9506(a). 

10 (15) PROGRAM.—The term ‘‘program’’ means 

11 the regional integrated sciences and assessments 

12 program— 

13 (A) established by the Administrator; and 

14 (B) that is comprised of 8 regional pro15 grams that use advances in integrated climate 

16 sciences to assist decisionmaking processes. 

17 (16) SECRETARY.— 

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

19 subparagraph (B), the term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (B) EXCEPTIONS.—The term ‘‘Secretary’’ 

22 means— 

23 (i) in the case of sections 9503, 9504, 

24 and 9509, the Secretary of the Interior 

25 (acting through the Commissioner); and 
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1 (ii) in the case of sections 9507 and 

2 9508, the Secretary of the Interior (acting 

3 through the Director). 

4 (17) SERVICE AREA.—The term ‘‘service area’’ 

5 means any area that encompasses a watershed that 

6 contains a federally authorized reclamation project 

7 that is located in any State or area described in the 

8 first section of the Act of June 17, 1902 (43 U.S.C. 

9 391). 

10 SEC. 9503. RECLAMATION CLIMATE CHANGE AND WATER 

11 PROGRAM. 

12 (a) IN GENERAL.—The Secretary shall establish a 

13 climate change adaptation program— 

14 (1) to coordinate with the Administrator and 

15 other appropriate agencies to assess each effect of, 

16 and risk resulting from, global climate change with 

17 respect to the quantity of water resources located in 

18 a service area; and 

19 (2) to ensure, to the maximum extent possible, 

20 that strategies are developed at watershed and aqui21 fer system scales to address potential water short22 ages, conflicts, and other impacts to water users lo23 cated at, and the environment of, each service area. 

24 (b) REQUIRED ELEMENTS.—In carrying out the pro25 gram described in subsection (a), the Secretary shall— 
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1 (1) coordinate with the United States Geologi2 cal Survey, the National Oceanic and Atmospheric 

3 Administration, the program, and each appropriate 

4 State water resource agency, to ensure that the Sec5 retary has access to the best available scientific in6 formation with respect to presently observed and 

7 projected future impacts of global climate change on 

8 water resources; 

9 (2) assess specific risks to the water supply of 

10 each major reclamation river basin, including any 

11 risk relating to— 

12 (A) a change in snowpack; 

13 (B) changes in the timing and quantity of 

14 runoff; 

15 (C) changes in groundwater recharge and 

16 discharge; and 

17 (D) any increase in— 

18 (i) the demand for water as a result 

19 of increasing temperatures; and 

20 (ii) the rate of reservoir evaporation; 

21 (3) with respect to each major reclamation river 

22 basin, analyze the extent to which changes in the 

23 water supply of the United States will impact— 

24 (A) the ability of the Secretary to deliver 

25 water to the contractors of the Secretary; 
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1 (B) hydroelectric power generation facili2 ties; 

3 (C) recreation at reclamation facilities; 

4 (D) fish and wildlife habitat; 

5 (E) applicable species listed as an endan6 gered, threatened, or candidate species under 

7 the Endangered Species Act of 1973 (16 U.S.C. 

8 1531 et seq.); 

9 (F) water quality issues (including salinity 

10 levels of each major reclamation river basin); 

11 (G) flow and water dependent ecological 

12 resiliency; and 

13 (H) flood control management; 

14 (4) in consultation with appropriate non-Fed15 eral participants, consider and develop appropriate 

16 strategies to mitigate each impact of water supply 

17 changes analyzed by the Secretary under paragraph 

18 (3), including strategies relating to— 

19 (A) the modification of any reservoir stor20 age or operating guideline in existence as of the 

21 date of enactment of this Act; 

22 (B) the development of new water manage23 ment, operating, or habitat restoration plans; 

24 (C) water conservation; 
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1 (D) improved hydrologic models and other 

2 decision support systems; and 

3 (E) groundwater and surface water storage 

4 needs; and 

5 (5) in consultation with the Director, the Ad6 ministrator, the Secretary of Agriculture (acting 

7 through the Chief of the Natural Resources Con8 servation Service), and applicable State water re9 source agencies, develop a monitoring plan to ac10 quire and maintain water resources data— 

11 (A) to strengthen the understanding of 

12 water supply trends; and 

13 (B) to assist in each assessment and anal14 ysis conducted by the Secretary under para15 graphs (2) and (3). 

16 (c) REPORTING.—Not later than 2 years after the 

17 date of enactment of this Act, and every 5 years there18 after, the Secretary shall submit to the appropriate com19 mittees of Congress a report that describes— 

20 (1) each effect of, and risk resulting from, glob21 al climate change with respect to the quantity of 

22 water resources located in each major reclamation 

23 river basin; 
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1 (2) the impact of global climate change with re2 spect to the operations of the Secretary in each 

3 major reclamation river basin; 

4 (3) each mitigation and adaptation strategy 

5 considered and implemented by the Secretary to ad6 dress each effect of global climate change described 

7 in paragraph (1); 

8 (4) each coordination activity conducted by the 

9 Secretary with— 

10 (A) the Director; 

11 (B) the Administrator; 

12 (C) the Secretary of Agriculture (acting 

13 through the Chief of the Natural Resources 

14 Conservation Service); or 

15 (D) any appropriate State water resource 

16 agency; and 

17 (5) the implementation by the Secretary of the 

18 monitoring plan developed under subsection (b)(5). 

19 (d) FEASIBILITY STUDIES.— 

20 (1) AUTHORITY OF SECRETARY.—The Sec21 retary, in cooperation with any non-Federal partici22 pant, may conduct 1 or more studies to determine 

23 the feasibility and impact on ecological resiliency of 

24 implementing each mitigation and adaptation strat25 egy described in subsection (c)(3), including the con-
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1 struction of any water supply, water management, 

2 environmental, or habitat enhancement water infra3 structure that the Secretary determines to be nec4 essary to address the effects of global climate change 

5 on water resources located in each major reclama6 tion river basin. 

7 (2) COST SHARING.— 

8 (A) FEDERAL SHARE.— 

9 (i) IN GENERAL.—Except as provided 

10 in clause (ii), the Federal share of the cost 

11 of a study described in paragraph (1) shall 

12 not exceed 50 percent of the cost of the 

13 study. 

14 (ii) EXCEPTION RELATING TO FINAN15 CIAL HARDSHIP.—The Secretary may in16 crease the Federal share of the cost of a 

17 study described in paragraph (1) to exceed 

18 50 percent of the cost of the study if the 

19 Secretary determines that, due to a finan20 cial hardship, the non-Federal participant 

21 of the study is unable to contribute an 

22 amount equal to 50 percent of the cost of 

23 the study. 

24 (B) NON-FEDERAL SHARE.—The non-Fed25 eral share of the cost of a study described in 
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1 paragraph (1) may be provided in the form of 

2 any in-kind services that substantially con3 tribute toward the completion of the study, as 

4 determined by the Secretary. 

5 (e) NO EFFECT ON EXISTING AUTHORITY.—Nothing 

6 in this section amends or otherwise affects any existing 

7 authority under reclamation laws that govern the oper8 ation of any Federal reclamation project. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as are nec11 essary to carry out this section for each of fiscal years 

12 2009 through 2023, to remain available until expended. 

13 SEC. 9504. WATER MANAGEMENT IMPROVEMENT. 

14 (a) AUTHORIZATION OF GRANTS AND COOPERATIVE

15 AGREEMENTS.— 

16 (1) AUTHORITY OF SECRETARY.—The Sec17 retary may provide any grant to, or enter into an 

18 agreement with, any eligible applicant to assist the 

19 eligible applicant in planning, designing, or con20 structing any improvement— 

21 (A) to conserve water; 

22 (B) to increase water use efficiency; 

23 (C) to facilitate water markets; 
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•S 22 ES

1 (D) to enhance water management, includ2 ing increasing the use of renewable energy in 

3 the management and delivery of water; 

4 (E) to accelerate the adoption and use of 

5 advanced water treatment technologies to in6 crease water supply; 

7 (F) to prevent the decline of species that 

8 the United States Fish and Wildlife Service and 

9 National Marine Fisheries Service have pro10 posed for listing under the Endangered Species 

11 Act of 1973 (16 U.S.C. 1531 et seq.) (or can12 didate species that are being considered by 

13 those agencies for such listing but are not yet 

14 the subject of a proposed rule); 

15 (G) to accelerate the recovery of threat16 ened species, endangered species, and des17 ignated critical habitats that are adversely af18 fected by Federal reclamation projects or are 

19 subject to a recovery plan or conservation plan 

20 under the Endangered Species Act of 1973 (16 

21 U.S.C. 1531 et seq.) under which the Commis22 sioner of Reclamation has implementation re23 sponsibilities; or 

24 (H) to carry out any other activity— 
921 

•S 22 ES

1 (i) to address any climate-related im2 pact to the water supply of the United 

3 States that increases ecological resiliency 

4 to the impacts of climate change; or 

5 (ii) to prevent any water-related crisis 

6 or conflict at any watershed that has a 

7 nexus to a Federal reclamation project lo8 cated in a service area. 

9 (2) APPLICATION.—To be eligible to receive a 

10 grant, or enter into an agreement with the Secretary 

11 under paragraph (1), an eligible applicant shall— 

12 (A) be located within the States and areas 

13 referred to in the first section of the Act of 

14 June 17, 1902 (43 U.S.C. 391); and 

15 (B) submit to the Secretary an application 

16 that includes a proposal of the improvement or 

17 activity to be planned, designed, constructed, or 

18 implemented by the eligible applicant. 

19 (3) REQUIREMENTS OF GRANTS AND COOPERA20 TIVE AGREEMENTS.— 

21 (A) COMPLIANCE WITH REQUIREMENTS.— 

22 Each grant and agreement entered into by the 

23 Secretary with any eligible applicant under 

24 paragraph (1) shall be in compliance with each 
922 

•S 22 ES

1 requirement described in subparagraphs (B) 

2 through (F). 

3 (B) AGRICULTURAL OPERATIONS.—In car4 rying out paragraph (1), the Secretary shall not 

5 provide a grant, or enter into an agreement, for 

6 an improvement to conserve irrigation water 

7 unless the eligible applicant agrees not— 

8 (i) to use any associated water savings 

9 to increase the total irrigated acreage of 

10 the eligible applicant; or 

11 (ii) to otherwise increase the con12 sumptive use of water in the operation of 

13 the eligible applicant, as determined pursu14 ant to the law of the State in which the 

15 operation of the eligible applicant is lo16 cated. 

17 (C) NONREIMBURSABLE FUNDS.—Any 

18 funds provided by the Secretary to an eligible 

19 applicant through a grant or agreement under 

20 paragraph (1) shall be nonreimbursable. 

21 (D) TITLE TO IMPROVEMENTS.—If an in22 frastructure improvement to a federally owned 

23 facility is the subject of a grant or other agree24 ment entered into between the Secretary and an 

25 eligible applicant under paragraph (1), the Fed-
923 

•S 22 ES

1 eral Government shall continue to hold title to 

2 the facility and improvements to the facility. 

3 (E) COST SHARING.— 

4 (i) FEDERAL SHARE.—The Federal 

5 share of the cost of any infrastructure im6 provement or activity that is the subject of 

7 a grant or other agreement entered into 

8 between the Secretary and an eligible ap9 plicant under paragraph (1) shall not ex10 ceed 50 percent of the cost of the infra11 structure improvement or activity. 

12 (ii) CALCULATION OF NON-FEDERAL

13 SHARE.—In calculating the non-Federal 

14 share of the cost of an infrastructure im15 provement or activity proposed by an eligi16 ble applicant through an application sub17 mitted by the eligible applicant under 

18 paragraph (2), the Secretary shall— 

19 (I) consider the value of any in20 kind services that substantially con21 tributes toward the completion of the 

22 improvement or activity, as deter23 mined by the Secretary; and 
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•S 22 ES

1 (II) not consider any other 

2 amount that the eligible applicant re3 ceives from a Federal agency. 

4 (iii) MAXIMUM AMOUNT.—The 

5 amount provided to an eligible applicant 

6 through a grant or other agreement under 

7 paragraph (1) shall be not more than 

8 $5,000,000. 

9 (iv) OPERATION AND MAINTENANCE

10 COSTS.—The non-Federal share of the cost 

11 of operating and maintaining any infra12 structure improvement that is the subject 

13 of a grant or other agreement entered into 

14 between the Secretary and an eligible ap15 plicant under paragraph (1) shall be 100 

16 percent. 

17 (F) LIABILITY.— 

18 (i) IN GENERAL.—Except as provided 

19 under chapter 171 of title 28, United 

20 States Code (commonly known as the 

21 ‘‘Federal Tort Claims Act’’), the United 

22 States shall not be liable for monetary 

23 damages of any kind for any injury arising 

24 out of an act, omission, or occurrence that 

25 arises in relation to any facility created or 
925 

•S 22 ES

1 improved under this section, the title of 

2 which is not held by the United States. 

3 (ii) TORT CLAIMS ACT.—Nothing in 

4 this section increases the liability of the 

5 United States beyond that provided in 

6 chapter 171 of title 28, United States 

7 Code (commonly known as the ‘‘Federal 

8 Tort Claims Act’’). 

9 (b) RESEARCH AGREEMENTS.— 

10 (1) AUTHORITY OF SECRETARY.—The Sec11 retary may enter into 1 or more agreements with 

12 any university, nonprofit research institution, or or13 ganization with water or power delivery authority to 

14 fund any research activity that is designed— 

15 (A) to conserve water resources; 

16 (B) to increase the efficiency of the use of 

17 water resources; or 

18 (C) to enhance the management of water 

19 resources, including increasing the use of re20 newable energy in the management and delivery 

21 of water. 

22 (2) TERMS AND CONDITIONS OF SECRETARY.— 

23 (A) IN GENERAL.—An agreement entered 

24 into between the Secretary and any university, 

25 institution, or organization described in para-
926 

•S 22 ES

1 graph (1) shall be subject to such terms and 

2 conditions as the Secretary determines to be ap3 propriate. 

4 (B) AVAILABILITY.—The agreements 

5 under this subsection shall be available to all 

6 Reclamation projects and programs that may 

7 benefit from project-specific or programmatic 

8 cooperative research and development. 

9 (c) MUTUAL BENEFIT.—Grants or other agreements 

10 made under this section may be for the mutual benefit 

11 of the United States and the entity that is provided the 

12 grant or enters into the cooperative agreement. 

13 (d) RELATIONSHIP TO PROJECT-SPECIFIC AUTHOR14 ITY.—This section shall not supersede any existing 

15 project-specific funding authority. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $200,000,000, to remain available until expended. 

19 SEC. 9505. HYDROELECTRIC POWER ASSESSMENT. 

20 (a) DUTY OF SECRETARY OF ENERGY.—The Sec21 retary of Energy, in consultation with the Administrator 

22 of each Federal Power Marketing Administration, shall as23 sess each effect of, and risk resulting from, global climate 

24 change with respect to water supplies that are required 

25 for the generation of hydroelectric power at each Federal 
927 

•S 22 ES

1 water project that is applicable to a Federal Power Mar2 keting Administration. 

3 (b) ACCESS TO APPROPRIATE DATA.— 

4 (1) IN GENERAL.—In carrying out each assess5 ment under subsection (a), the Secretary of Energy 

6 shall consult with the United States Geological Sur7 vey, the National Oceanic and Atmospheric Adminis8 tration, the program, and each appropriate State 

9 water resource agency, to ensure that the Secretary 

10 of Energy has access to the best available scientific 

11 information with respect to presently observed im12 pacts and projected future impacts of global climate 

13 change on water supplies that are used to produce 

14 hydroelectric power. 

15 (2) ACCESS TO DATA FOR CERTAIN ASSESS16 MENTS.—In carrying out each assessment under 

17 subsection (a), with respect to the Bonneville Power 

18 Administration and the Western Area Power Admin19 istration, the Secretary of Energy shall consult with 

20 the Commissioner to access data and other informa21 tion that— 

22 (A) is collected by the Commissioner; and 

23 (B) the Secretary of Energy determines to 

24 be necessary for the conduct of the assessment. 
928 

•S 22 ES

1 (c) REPORT.—Not later than 2 years after the date 

2 of enactment of this Act, and every 5 years thereafter, 

3 the Secretary of Energy shall submit to the appropriate 

4 committees of Congress a report that describes— 

5 (1) each effect of, and risk resulting from, glob6 al climate change with respect to— 

7 (A) water supplies used for hydroelectric 

8 power generation; and 

9 (B) power supplies marketed by each Fed10 eral Power Marketing Administration, pursuant 

11 to— 

12 (i) long-term power contracts; 

13 (ii) contingent capacity contracts; and 

14 (iii) short-term sales; and 

15 (2) each recommendation of the Administrator 

16 of each Federal Power Marketing Administration re17 lating to any change in any operation or contracting 

18 practice of each Federal Power Marketing Adminis19 tration to address each effect and risk described in 

20 paragraph (1), including the use of purchased power 

21 to meet long-term commitments of each Federal 

22 Power Marketing Administration. 

23 (d) AUTHORITY.—The Secretary of Energy may 

24 enter into contracts, grants, or other agreements with ap25 propriate entities to carry out this section. 
929 

•S 22 ES

1 (e) COSTS.— 

2 (1) NONREIMBURSABLE.—Any costs incurred 

3 by the Secretary of Energy in carrying out this sec4 tion shall be nonreimbursable. 

5 (2) PMA COSTS.—Each Federal Power Mar6 keting Administration shall incur costs in carrying 

7 out this section only to the extent that appropriated 

8 funds are provided by the Secretary of Energy for 

9 that purpose. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as are nec12 essary to carry out this section for each of fiscal years 

13 2009 through 2023, to remain available until expended. 

14 SEC. 9506. CLIMATE CHANGE AND WATER 

15 INTRAGOVERNMENTAL PANEL. 

16 (a) ESTABLISHMENT.—The Secretary and the Ad17 ministrator shall establish and lead a climate change and 

18 water intragovernmental panel— 

19 (1) to review the current scientific under20 standing of each impact of global climate change on 

21 the quantity and quality of freshwater resources of 

22 the United States; and 

23 (2) to develop any strategy that the panel deter24 mines to be necessary to improve observational capa-
930 

•S 22 ES

1 bilities, expand data acquisition, or take other ac2 tions— 

3 (A) to increase the reliability and accuracy 

4 of modeling and prediction systems to benefit 

5 water managers at the Federal, State, and local 

6 levels; and 

7 (B) to increase the understanding of the 

8 impacts of climate change on aquatic eco9 systems. 

10 (b) MEMBERSHIP.—The panel shall be comprised 

11 of— 

12 (1) the Secretary; 

13 (2) the Director; 

14 (3) the Administrator; 

15 (4) the Secretary of Agriculture (acting through 

16 the Under Secretary for Natural Resources and En17 vironment); 

18 (5) the Commissioner; 

19 (6) the Secretary of the Army, acting through 

20 the Chief of Engineers; 

21 (7) the Administrator of the Environmental 

22 Protection Agency; and 

23 (8) the Secretary of Energy. 

24 (c) REVIEW ELEMENTS.—In conducting the review 

25 and developing the strategy under subsection (a), the 
931 

•S 22 ES

1 panel shall consult with State water resource agencies, the 

2 Advisory Committee, drinking water utilities, water re3 search organizations, and relevant water user, environ4 mental, and other nongovernmental organizations— 

5 (1) to assess the extent to which the conduct of 

6 measures of streamflow, groundwater levels, soil 

7 moisture, evapotranspiration rates, evaporation 

8 rates, snowpack levels, precipitation amounts, flood 

9 risk, and glacier mass is necessary to improve the 

10 understanding of the Federal Government and the 

11 States with respect to each impact of global climate 

12 change on water resources; 

13 (2) to identify data gaps in current water moni14 toring networks that must be addressed to improve 

15 the capability of the Federal Government and the 

16 States to measure, analyze, and predict changes to 

17 the quality and quantity of water resources, includ18 ing flood risks, that are directly or indirectly af19 fected by global climate change; 

20 (3) to establish data management and commu21 nication protocols and standards to increase the 

22 quality and efficiency by which each Federal agency 

23 acquires and reports relevant data; 
932 

•S 22 ES

1 (4) to consider options for the establishment of 

2 a data portal to enhance access to water resource 

3 data— 

4 (A) relating to each nationally significant 

5 freshwater watershed and aquifer located in the 

6 United States; and 

7 (B) that is collected by each Federal agen8 cy and any other public or private entity for 

9 each nationally significant freshwater watershed 

10 and aquifer located in the United States; 

11 (5) to facilitate the development of hydrologic 

12 and other models to integrate data that reflects 

13 groundwater and surface water interactions; and 

14 (6) to apply the hydrologic and other models 

15 developed under paragraph (5) to water resource 

16 management problems identified by the panel, in17 cluding the need to maintain or improve ecological 

18 resiliency at watershed and aquifer system scales. 

19 (d) REPORT.—Not later than 2 years after the date 

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

21 the appropriate committees of Congress a report that de22 scribes the review conducted, and the strategy developed, 

23 by the panel under subsection (a). 

24 (e) DEMONSTRATION, RESEARCH, AND METHOD25 OLOGY DEVELOPMENT PROJECTS.— 
933 

•S 22 ES

1 (1) AUTHORITY OF SECRETARY.—The Sec2 retary, in consultation with the panel and the Advi3 sory Committee, may provide grants to, or enter into 

4 any contract, cooperative agreement, interagency 

5 agreement, or other transaction with, an appropriate 

6 entity to carry out any demonstration, research, or 

7 methodology development project that the Secretary 

8 determines to be necessary to assist in the imple9 mentation of the strategy developed by the panel 

10 under subsection (a)(2). 

11 (2) REQUIREMENTS.— 

12 (A) MAXIMUM AMOUNT OF FEDERAL

13 SHARE.—The Federal share of the cost of any 

14 demonstration, research, or methodology devel15 opment project that is the subject of any grant, 

16 contract, cooperative agreement, interagency 

17 agreement, or other transaction entered into be18 tween the Secretary and an appropriate entity 

19 under paragraph (1) shall not exceed 

20 $1,000,000. 

21 (B) REPORT.—An appropriate entity that 

22 receives funds from a grant, contract, coopera23 tive agreement, interagency agreement, or other 

24 transaction entered into between the Secretary 

25 and the appropriate entity under paragraph (1) 
934 

•S 22 ES

1 shall submit to the Secretary a report describ2 ing the results of the demonstration, research, 

3 or methodology development project conducted 

4 by the appropriate entity. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—There is authorized to be 

7 appropriated to carry out subsections (a) through 

8 (d) $2,000,000 for each of fiscal years 2009 through 

9 2011, to remain available until expended. 

10 (2) DEMONSTRATION, RESEARCH, AND METH11 ODOLOGY DEVELOPMENT PROJECTS.—There is au12 thorized to be appropriated to carry out subsection 

13 (e) $10,000,000 for the period of fiscal years 2009 

14 through 2013, to remain available until expended. 

15 SEC. 9507. WATER DATA ENHANCEMENT BY UNITED STATES 

16 GEOLOGICAL SURVEY. 

17 (a) NATIONAL STREAMFLOW INFORMATION PRO18 GRAM.— 

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the Advisory Committee and the Panel and 

21 consistent with this section, shall proceed with im22 plementation of the national streamflow information 

23 program, as reviewed by the National Research 

24 Council in 2004. 
935 

•S 22 ES

1 (2) REQUIREMENTS.—In conducting the na2 tional streamflow information program, the Sec3 retary shall— 

4 (A) measure streamflow and related envi5 ronmental variables in nationally significant wa6 tersheds— 

7 (i) in a reliable and continuous man8 ner; and 

9 (ii) to develop a comprehensive source 

10 of information on which public and private 

11 decisions relating to the management of 

12 water resources may be based; 

13 (B) provide for a better understanding of 

14 hydrologic extremes (including floods and 

15 droughts) through the conduct of intensive data 

16 collection activities during and following hydro17 logic extremes; 

18 (C) establish a base network that provides 

19 resources that are necessary for— 

20 (i) the monitoring of long-term 

21 changes in streamflow; and 

22 (ii) the conduct of assessments to de23 termine the extent to which each long-term 

24 change monitored under clause (i) is re25 lated to global climate change; 
936 

•S 22 ES

1 (D) integrate the national streamflow in2 formation program with data collection activi3 ties of Federal agencies and appropriate State 

4 water resource agencies (including the National 

5 Integrated Drought Information System)— 

6 (i) to enhance the comprehensive un7 derstanding of water availability; 

8 (ii) to improve flood-hazard assess9 ments; 

10 (iii) to identify any data gap with re11 spect to water resources; and 

12 (iv) to improve hydrologic forecasting; 

13 and 

14 (E) incorporate principles of adaptive man15 agement in the conduct of periodic reviews of 

16 information collected under the national 

17 streamflow information program to assess 

18 whether the objectives of the national 

19 streamflow information program are being ade20 quately addressed. 

21 (3) IMPROVED METHODOLOGIES.—The Sec22 retary shall— 

23 (A) improve methodologies relating to the 

24 analysis and delivery of data; and 
937 

•S 22 ES

1 (B) investigate, develop, and implement 

2 new methodologies and technologies to estimate 

3 or measure streamflow in a more cost-efficient 

4 manner. 

5 (4) NETWORK ENHANCEMENT.— 

6 (A) IN GENERAL.—Not later than 10 years 

7 after the date of enactment of this Act, in ac8 cordance with subparagraph (B), the Secretary 

9 shall— 

10 (i) increase the number of 

11 streamgages funded by the national 

12 streamflow information program to a 

13 quantity of not less than 4,700 sites; and 

14 (ii) ensure all streamgages are flood15 hardened and equipped with water-quality 

16 sensors and modernized telemetry. 

17 (B) REQUIREMENTS OF SITES.—Each site 

18 described in subparagraph (A) shall conform 

19 with the National Streamflow Information Pro20 gram plan as reviewed by the National Re21 search Council. 

22 (5) FEDERAL SHARE.—The Federal share of 

23 the national streamgaging network established pur24 suant to this subsection shall be 100 percent of the 
938 

•S 22 ES

1 cost of carrying out the national streamgaging net2 work. 

3 (6) AUTHORIZATION OF APPROPRIATIONS.— 

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

5 subparagraph (B), there are authorized to be 

6 appropriated such sums as are necessary to op7 erate the national streamflow information pro8 gram for the period of fiscal years 2009 

9 through 2023, to remain available until ex10 pended. 

11 (B) NETWORK ENHANCEMENT FUND12 ING.—There is authorized to be appropriated to 

13 carry out the network enhancements described 

14 in paragraph (4) $10,000,000 for each of fiscal 

15 years 2009 through 2019, to remain available 

16 until expended. 

17 (b) NATIONAL GROUNDWATER RESOURCES MONI18 TORING.— 

19 (1) IN GENERAL.—The Secretary shall develop 

20 a systematic groundwater monitoring program for 

21 each major aquifer system located in the United 

22 States. 

23 (2) PROGRAM ELEMENTS.—In developing the 

24 monitoring program described in paragraph (1), the 

25 Secretary shall— 
939 

•S 22 ES

1 (A) establish appropriate criteria for moni2 toring wells to ensure the acquisition of long3 term, high-quality data sets, including, to the 

4 maximum extent possible, the inclusion of real5 time instrumentation and reporting; 

6 (B) in coordination with the Advisory 

7 Committee and State and local water resource 

8 agencies— 

9 (i) assess the current scope of ground10 water monitoring based on the access 

11 availability and capability of each moni12 toring well in existence as of the date of 

13 enactment of this Act; and 

14 (ii) develop and carry out a moni15 toring plan that maximizes coverage for 

16 each major aquifer system that is located 

17 in the United States; and 

18 (C) prior to initiating any specific moni19 toring activities within a State after the date of 

20 enactment of this Act, consult and coordinate 

21 with the applicable State water resource agency 

22 with jurisdiction over the aquifer that is the 

23 subject of the monitoring activities, and comply 

24 with all applicable laws (including regulations) 

25 of the State. 
940 

•S 22 ES

1 (3) PROGRAM OBJECTIVES.—In carrying out 

2 the monitoring program described in paragraph (1), 

3 the Secretary shall— 

4 (A) provide data that is necessary for the 

5 improvement of understanding with respect to 

6 surface water and groundwater interactions; 

7 (B) by expanding the network of moni8 toring wells to reach each climate division, sup9 port the groundwater climate response network 

10 to improve the understanding of the effects of 

11 global climate change on groundwater recharge 

12 and availability; and 

13 (C) support the objectives of the assess14 ment program. 

15 (4) IMPROVED METHODOLOGIES.—The Sec16 retary shall— 

17 (A) improve methodologies relating to the 

18 analysis and delivery of data; and 

19 (B) investigate, develop, and implement 

20 new methodologies and technologies to estimate 

21 or measure groundwater recharge, discharge, 

22 and storage in a more cost-efficient manner. 

23 (5) FEDERAL SHARE.—The Federal share of 

24 the monitoring program described in paragraph (1) 
941 

•S 22 ES

1 may be 100 percent of the cost of carrying out the 

2 monitoring program. 

3 (6) PRIORITY.—In selecting monitoring activi4 ties consistent with the monitoring program de5 scribed in paragraph (1), the Secretary shall give 

6 priority to those activities for which a State or local 

7 governmental entity agrees to provide for a substan8 tial share of the cost of establishing or operating a 

9 monitoring well or other measuring device to carry 

10 out a monitoring activity. 

11 (7) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated such sums 

13 as are necessary to carry out this subsection for the 

14 period of fiscal years 2009 through 2023, to remain 

15 available until expended. 

16 (c) BRACKISH GROUNDWATER ASSESSMENT.— 

17 (1) STUDY.—The Secretary, in consultation 

18 with State and local water resource agencies, shall 

19 conduct a study of available data and other relevant 

20 information— 

21 (A) to identify significant brackish ground22 water resources located in the United States; 

23 and 
942 

•S 22 ES

1 (B) to consolidate any available data relat2 ing to each groundwater resource identified 

3 under subparagraph (A). 

4 (2) REPORT.—Not later than 2 years after the 

5 date of enactment of this Act, the Secretary shall 

6 submit to the appropriate committees of Congress a 

7 report that includes— 

8 (A) a description of each— 

9 (i) significant brackish aquifer that is 

10 located in the United States (including 1 

11 or more maps of each significant brackish 

12 aquifer that is located in the United 

13 States); 

14 (ii) data gap that is required to be ad15 dressed to fully characterize each brackish 

16 aquifer described in clause (i); and 

17 (iii) current use of brackish ground18 water that is supplied by each brackish aq19 uifer described in clause (i); and 

20 (B) a summary of the information avail21 able as of the date of enactment of this Act 

22 with respect to each brackish aquifer described 

23 in subparagraph (A)(i) (including the known 

24 level of total dissolved solids in each brackish 

25 aquifer). 
943 

•S 22 ES

1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $3,000,000 for the period of fiscal 

4 years 2009 through 2011, to remain available until 

5 expended. 

6 (d) IMPROVED WATER ESTIMATION, MEASUREMENT, 

7 AND MONITORING TECHNOLOGIES.— 

8 (1) AUTHORITY OF SECRETARY.—The Sec9 retary may provide grants on a nonreimbursable 

10 basis to appropriate entities with expertise in water 

11 resource data acquisition and reporting, including 

12 Federal agencies, the Water Resources Research In13 stitutes and other academic institutions, and private 

14 entities, to— 

15 (A) investigate, develop, and implement 

16 new methodologies and technologies to estimate 

17 or measure water resources data in a cost-effi18 cient manner; and 

19 (B) improve methodologies relating to the 

20 analysis and delivery of data. 

21 (2) PRIORITY.—In providing grants to appro22 priate entities under paragraph (1), the Secretary 

23 shall give priority to appropriate entities that pro24 pose the development of new methods and tech25 nologies for— 
944 

•S 22 ES

1 (A) predicting and measuring streamflows; 

2 (B) estimating changes in the storage of 

3 groundwater; 

4 (C) improving data standards and methods 

5 of analysis (including the validation of data en6 tered into geographic information system data7 bases); 

8 (D) measuring precipitation and potential 

9 evapotranspiration; and 

10 (E) water withdrawals, return flows, and 

11 consumptive use. 

12 (3) PARTNERSHIPS.—In recognition of the 

13 value of collaboration to foster innovation and en14 hance research and development efforts, the Sec15 retary shall encourage partnerships, including pub16 lic-private partnerships, between and among Federal 

17 agencies, academic institutions, and private entities 

18 to promote the objectives described in paragraph (1). 

19 (4) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 this subsection $5,000,000 for each of fiscal years 

22 2009 through 2019. 
945 

•S 22 ES

1 SEC. 9508. NATIONAL WATER AVAILABILITY AND USE AS2 SESSMENT PROGRAM. 

3 (a) ESTABLISHMENT.—The Secretary, in coordina4 tion with the Advisory Committee and State and local 

5 water resource agencies, shall establish a national assess6 ment program to be known as the ‘‘national water avail7 ability and use assessment program’’— 

8 (1) to provide a more accurate assessment of 

9 the status of the water resources of the United 

10 States; 

11 (2) to assist in the determination of the quan12 tity of water that is available for beneficial uses; 

13 (3) to assist in the determination of the quality 

14 of the water resources of the United States; 

15 (4) to identify long-term trends in water avail16 ability; 

17 (5) to use each long-term trend described in 

18 paragraph (4) to provide a more accurate assess19 ment of the change in the availability of water in the 

20 United States; and 

21 (6) to develop the basis for an improved ability 

22 to forecast the availability of water for future eco23 nomic, energy production, and environmental uses. 

24 (b) PROGRAM ELEMENTS.— 

25 (1) WATER USE.—In carrying out the assess26 ment program, the Secretary shall conduct any ap-
946 

•S 22 ES

1 propriate activity to carry out an ongoing assess2 ment of water use in hydrologic accounting units 

3 and major aquifer systems located in the United 

4 States, including— 

5 (A) the maintenance of a comprehensive 

6 national water use inventory to enhance the 

7 level of understanding with respect to the ef8 fects of spatial and temporal patterns of water 

9 use on the availability and sustainable use of 

10 water resources; 

11 (B) the incorporation of water use science 

12 principles, with an emphasis on applied re13 search and statistical estimation techniques in 

14 the assessment of water use; 

15 (C) the integration of any dataset main16 tained by any other Federal or State agency 

17 into the dataset maintained by the Secretary; 

18 and 

19 (D) a focus on the scientific integration of 

20 any data relating to water use, water flow, or 

21 water quality to generate relevant information 

22 relating to the impact of human activity on 

23 water and ecological resources. 
947 

•S 22 ES

1 (2) WATER AVAILABILITY.—In carrying out the 

2 assessment program, the Secretary shall conduct an 

3 ongoing assessment of water availability by— 

4 (A) developing and evaluating nationally 

5 consistent indicators that reflect each status 

6 and trend relating to the availability of water 

7 resources in the United States, including— 

8 (i) surface water indicators, such as 

9 streamflow and surface water storage 

10 measures (including lakes, reservoirs, pe11 rennial snowfields, and glaciers); 

12 (ii) groundwater indicators, including 

13 groundwater level measurements and 

14 changes in groundwater levels due to— 

15 (I) natural recharge; 

16 (II) withdrawals; 

17 (III) saltwater intrusion; 

18 (IV) mine dewatering; 

19 (V) land drainage; 

20 (VI) artificial recharge; and 

21 (VII) other relevant factors, as 

22 determined by the Secretary; and 

23 (iii) impaired surface water and 

24 groundwater supplies that are known, ac-
948 

•S 22 ES

1 cessible, and used to meet ongoing water 

2 demands; 

3 (B) maintaining a national database of 

4 water availability data that— 

5 (i) is comprised of maps, reports, and 

6 other forms of interpreted data; 

7 (ii) provides electronic access to the 

8 archived data of the national database; and 

9 (iii) provides for real-time data collec10 tion; and 

11 (C) developing and applying predictive 

12 modeling tools that integrate groundwater, sur13 face water, and ecological systems. 

14 (c) GRANT PROGRAM.— 

15 (1) AUTHORITY OF SECRETARY.—The Sec16 retary may provide grants to State water resource 

17 agencies to assist State water resource agencies in— 

18 (A) developing water use and availability 

19 datasets that are integrated with each appro20 priate dataset developed or maintained by the 

21 Secretary; or 

22 (B) integrating any water use or water 

23 availability dataset of the State water resource 

24 agency into each appropriate dataset developed 

25 or maintained by the Secretary. 
949 

•S 22 ES

1 (2) CRITERIA.—To be eligible to receive a grant 

2 under paragraph (1), a State water resource agency 

3 shall demonstrate to the Secretary that the water 

4 use and availability dataset proposed to be estab5 lished or integrated by the State water resource 

6 agency— 

7 (A) is in compliance with each quality and 

8 conformity standard established by the Sec9 retary to ensure that the data will be capable 

10 of integration with any national dataset; and 

11 (B) will enhance the ability of the officials 

12 of the State or the State water resource agency 

13 to carry out each water management and regu14 latory responsibility of the officials of the State 

15 in accordance with each applicable law of the 

16 State. 

17 (3) MAXIMUM AMOUNT.—The amount of a 

18 grant provided to a State water resource agency 

19 under paragraph (1) shall be an amount not more 

20 than $250,000. 

21 (d) REPORT.—Not later than December 31, 2012, 

22 and every 5 years thereafter, the Secretary shall submit 

23 to the appropriate committees of Congress a report that 

24 provides a detailed assessment of— 
950 

•S 22 ES

1 (1) the current availability of water resources in 

2 the United States, including— 

3 (A) historic trends and annual updates of 

4 river basin inflows and outflows; 

5 (B) surface water storage; 

6 (C) groundwater reserves; and 

7 (D) estimates of undeveloped potential re8 sources (including saline and brackish water 

9 and wastewater); 

10 (2) significant trends affecting water avail11 ability, including each documented or projected im12 pact to the availability of water as a result of global 

13 climate change; 

14 (3) the withdrawal and use of surface water 

15 and groundwater by various sectors, including— 

16 (A) the agricultural sector; 

17 (B) municipalities; 

18 (C) the industrial sector; 

19 (D) thermoelectric power generators; and 

20 (E) hydroelectric power generators; 

21 (4) significant trends relating to each water use 

22 sector, including significant changes in water use 

23 due to the development of new energy supplies; 

24 (5) significant water use conflicts or shortages 

25 that have occurred or are occurring; and 
951 

•S 22 ES

1 (6) each factor that has caused, or is causing, 

2 a conflict or shortage described in paragraph (5). 

3 (e) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There is authorized to be 

5 appropriated to carry out subsections (a), (b), and 

6 (d) $20,000,000 for each of fiscal years 2009 

7 through 2023, to remain available until expended. 

8 (2) GRANT PROGRAM.—There is authorized to 

9 be appropriated to carry out subsection (c) 

10 $12,500,000 for the period of fiscal years 2009 

11 through 2013, to remain available until expended. 

12 SEC. 9509. RESEARCH AGREEMENT AUTHORITY. 

13 The Secretary may enter into contracts, grants, or 

14 cooperative agreements, for periods not to exceed 5 years, 

15 to carry out research within the Bureau of Reclamation. 

16 SEC. 9510. EFFECT. 

17 (a) IN GENERAL.—Nothing in this subtitle super18 sedes or limits any existing authority provided, or respon19 sibility conferred, by any provision of law. 

20 (b) EFFECT ON STATE WATER LAW.— 

21 (1) IN GENERAL.—Nothing in this subtitle pre22 empts or affects any— 

23 (A) State water law; or 

24 (B) interstate compact governing water. 
952 

•S 22 ES

1 (2) COMPLIANCE REQUIRED.—The Secretary 

2 shall comply with applicable State water laws in car3 rying out this subtitle. 

4 Subtitle G—Aging Infrastructure 

5 SEC. 9601 DEFINITIONS. 

6 In this subtitle: 

7 (1) INSPECTION.—The term ‘‘inspection’’ 

8 means an inspection of a project facility carried out 

9 by the Secretary— 

10 (A) to assess and determine the general 

11 condition of the project facility; and 

12 (B) to estimate the value of property, and 

13 the size of the population, that would be at risk 

14 if the project facility fails, is breached, or other15 wise allows flooding to occur. 

16 (2) PROJECT FACILITY.—The term ‘‘project fa17 cility’’ means any part or incidental feature of a 

18 project, excluding high- and significant-hazard dams, 

19 constructed under the Federal reclamation law (the 

20 Act of June 17, 1902 (32 Stat. 388, chapter 1093), 

21 and Acts supplemental to and amendatory of that 

22 Act (43 U.S.C. 371 et seq.). 

23 (3) RESERVED WORKS.—The term ‘‘reserved 

24 works’’ mean any project facility at which the Sec-
953 

•S 22 ES

1 retary carries out the operation and maintenance of 

2 the project facility. 

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

4 the Secretary of the Interior, acting through the 

5 Commissioner of Reclamation. 

6 (5) TRANSFERRED WORKS.—The term ‘‘trans7 ferred works’’ means a project facility, the operation 

8 and maintenance of which is carried out by a non9 Federal entity, under the provisions of a formal op10 eration and maintenance transfer contract. 

11 (6) TRANSFERRED WORKS OPERATING ENTI12 TY.—The term ‘‘transferred works operating entity’’ 

13 means the organization which is contractually re14 sponsible for operation and maintenance of trans15 ferred works. 

16 (7) EXTRAORDINARY OPERATION AND MAINTE17 NANCE WORK.—The term ‘‘extraordinary operation 

18 and maintenance work’’ means major, nonrecurring 

19 maintenance to Reclamation-owned or operated fa20 cilities, or facility components, that is— 

21 (A) intended to ensure the continued safe, 

22 dependable, and reliable delivery of authorized 

23 project benefits; and 

24 (B) greater than 10 percent of the contrac25 tor’s or the transferred works operating entity’s 
954 

•S 22 ES

1 annual operation and maintenance budget for 

2 the facility, or greater than $100,000. 

3 SEC. 9602. GUIDELINES AND INSPECTION OF PROJECT FA4 CILITIES AND TECHNICAL ASSISTANCE TO 

5 TRANSFERRED WORKS OPERATING ENTITIES. 

6 (a) GUIDELINES AND INSPECTIONS.— 

7 (1) DEVELOPMENT OF GUIDELINES.—Not later 

8 than 1 year after the date of enactment of this Act, 

9 the Secretary in consultation with transferred works 

10 operating entities shall develop, consistent with ex11 isting transfer contracts, specific inspection guide12 lines for project facilities which are in proximity to 

13 urbanized areas and which could pose a risk to pub14 lic safety or property damage if such project facili15 ties were to fail. 

16 (2) CONDUCT OF INSPECTIONS.—Not later than 

17 3 years after the date of enactment of this Act, the 

18 Secretary shall conduct inspections of those project 

19 facilities, which are in proximity to urbanized areas 

20 and which could pose a risk to public safety or prop21 erty damage if such facilities were to fail, using such 

22 specific inspection guidelines and criteria developed 

23 pursuant to paragraph (1). In selecting project fa24 cilities to inspect, the Secretary shall take into ac-
955 

•S 22 ES

1 count the potential magnitude of public safety and 

2 economic damage posed by each project facility. 

3 (3) TREATMENT OF COSTS.—The costs incurred 

4 by the Secretary in conducting these inspections 

5 shall be nonreimbursable. 

6 (b) USE OF INSPECTION DATA.—The Secretary shall 

7 use the data collected through the conduct of the inspec8 tions under subsection (a)(2) to— 

9 (1) provide recommendations to the transferred 

10 works operating entities for improvement of oper11 ation and maintenance processes, operating proce12 dures including operation guidelines consistent with 

13 existing transfer contracts, and structural modifica14 tions to those transferred works; 

15 (2) determine an appropriate inspection fre16 quency for such nondam project facilities which shall 

17 not exceed 6 years; and 

18 (3) provide, upon request of transferred work 

19 operating entities, local governments, or State agen20 cies, information regarding potential hazards posed 

21 by existing or proposed residential, commercial, in22 dustrial or public-use development adjacent to 

23 project facilities. 

24 (c) TECHNICAL ASSISTANCE TO TRANSFERRED

25 WORKS OPERATING ENTITIES.— 
956 

•S 22 ES

1 (1) AUTHORITY OF SECRETARY TO PROVIDE

2 TECHNICAL ASSISTANCE.—The Secretary is author3 ized, at the request of a transferred works operating 

4 entity in proximity to an urbanized area, to provide 

5 technical assistance to accomplish the following, if 

6 consistent with existing transfer contracts: 

7 (A) Development of documented operating 

8 procedures for a project facility. 

9 (B) Development of documented emer10 gency notification and response procedures for 

11 a project facility. 

12 (C) Development of facility inspection cri13 teria for a project facility. 

14 (D) Development of a training program on 

15 operation and maintenance requirements and 

16 practices for a project facility for a transferred 

17 works operating entity’s workforce. 

18 (E) Development of a public outreach plan 

19 on the operation and risks associated with a 

20 project facility. 

21 (F) Development of any other plans or 

22 documentation which, in the judgment of the 

23 Secretary, will contribute to public safety and 

24 the sage operation of a project facility. 
957 

•S 22 ES

1 (2) COSTS.—The Secretary is authorized to 

2 provide, on a non-reimbursable basis, up to 50 per3 cent of the cost of such technical assistance, with 

4 the balance of such costs being advanced by the 

5 transferred works operating entity or other non-Fed6 eral source. The non-Federal 50 percent minimum 

7 cost share for such technical assistance may be in 

8 the form of in-lieu contributions of resources by the 

9 transferred works operating entity or other non-Fed10 eral source. 

11 SEC. 9603. EXTRAORDINARY OPERATION AND MAINTE12 NANCE WORK PERFORMED BY THE SEC13 RETARY. 

14 (a) IN GENERAL.—The Secretary or the transferred 

15 works operating entity may carry out, in accordance with 

16 subsection (b) and consistent with existing transfer con17 tracts, any extraordinary operation and maintenance work 

18 on a project facility that the Secretary determines to be 

19 reasonably required to preserve the structural safety of the 

20 project facility. 

21 (b) REIMBURSEMENT OF COSTS ARISING FROM EX22 TRAORDINARY OPERATION AND MAINTENANCE WORK.— 

23 (1) TREATMENT OF COSTS.—For reserved 

24 works, costs incurred by the Secretary in conducting 

25 extraordinary operation and maintenance work will 
958 

•S 22 ES

1 be allocated to the authorized reimbursable purposes 

2 of the project and shall be repaid within 50 years, 

3 with interest, from the year in which work under4 taken pursuant to this subtitle is substantially com5 plete. 

6 (2) AUTHORITY OF SECRETARY.—For trans7 ferred works, the Secretary is authorized to advance 

8 the costs incurred by the transferred works oper9 ating entity in conducting extraordinary operation 

10 and maintenance work and negotiate appropriate 50- 

11 year repayment contracts with project beneficiaries 

12 providing for the return of reimbursable costs, with 

13 interest, under this subsection: Provided, however, 

14 That no contract entered into pursuant to this sub15 title shall be deemed to be a new or amended con16 tract for the purposes of section 203(a) of the Rec17 lamation Reform Act of 1982 (43 U.S.C. 390cc(a)). 

18 (3) DETERMINATION OF INTEREST RATE.—The 

19 interest rate used for computing interest on work in 

20 progress and interest on the unpaid balance of the 

21 reimbursable costs of extraordinary operation and 

22 maintenance work authorized by this subtitle shall 

23 be determined by the Secretary of the Treasury, as 

24 of the beginning of the fiscal year in which extraor25 dinary operation and maintenance work is com-
959 

•S 22 ES

1 menced, on the basis of average market yields on 

2 outstanding marketable obligations of the United 

3 States with the remaining periods of maturity com4 parable to the applicable reimbursement period of 

the project, adjusted to the nearest 1 5 ⁄8 of 1 percent 

6 on the unamortized balance of any portion of the 

7 loan. 

8 (c) EMERGENCY EXTRAORDINARY OPERATION AND

9 MAINTENANCE WORK.— 

10 (1) IN GENERAL.—The Secretary or the trans11 ferred works operating entity shall carry out any 

12 emergency extraordinary operation and maintenance 

13 work on a project facility that the Secretary deter14 mines to be necessary to minimize the risk of immi15 nent harm to public health or safety, or property. 

16 (2) REIMBURSEMENT.—The Secretary may ad17 vance funds for emergency extraordinary operation 

18 and maintenance work and shall seek reimbursement 

19 from the transferred works operating entity or bene20 fitting entity upon receiving a written assurance 

21 from the governing body of such entity that it will 

22 negotiate a contract pursuant to section 9603 for re23 payment of costs incurred by the Secretary in under24 taking such work. 
960 

•S 22 ES

1 (3) FUNDING.—If the Secretary determines 

2 that a project facility inspected and maintained pur3 suant to the guidelines and criteria set forth in sec4 tion 9602(a) requires extraordinary operation and 

5 maintenance pursuant to paragraph (1), the Sec6 retary may provide Federal funds on a nonreimburs7 able basis sufficient to cover 35 percent of the cost 

8 of the extraordinary operation and maintenance allo9 cable to the transferred works operating entity, 

10 which is needed to minimize the risk of imminent 

11 harm. The remaining share of the Federal funds ad12 vanced by the Secretary for such work shall be re13 paid under subsection (b). 

14 SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CENTURY 

15 WATER WORKS ACT. 

16 Nothing in this subtitle shall preclude a transferred 

17 works operating entity from applying and receiving a loan18 guarantee pursuant to the Twenty-First Century Water 

19 Works Act (43 U.S.C. 2401 et seq.). 

20 SEC. 9605. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums 

22 as are necessary to carry out this subtitle. 
961 

•S 22 ES

1 TITLE X—WATER SETTLEMENTS 

2 Subtitle A—San Joaquin River 

3 Restoration Settlement 

4 PART I—SAN JOAQUIN RIVER RESTORATION 

5 SETTLEMENT ACT 

6 SEC. 10001. SHORT TITLE. 

7 This part may be cited as the ‘‘San Joaquin River 

8 Restoration Settlement Act’’. 

9 SEC. 10002. PURPOSE. 

10 The purpose of this part is to authorize implementa11 tion of the Settlement. 

12 SEC. 10003. DEFINITIONS. 

13 In this part: 

14 (1) The terms ‘‘Friant Division long-term con15 tractors’’, ‘‘Interim Flows’’, ‘‘Restoration Flows’’, 

16 ‘‘Recovered Water Account’’, ‘‘Restoration Goal’’, 

17 and ‘‘Water Management Goal’’ have the meanings 

18 given the terms in the Settlement. 

19 (2) The term ‘‘Secretary’’ means the Secretary 

20 of the Interior. 

21 (3) The term ‘‘Settlement’’ means the Stipula22 tion of Settlement dated September 13, 2006, in the 

23 litigation entitled Natural Resources Defense Coun24 cil, et al. v. Kirk Rodgers, et al., United States Dis-
962 

•S 22 ES

1 trict Court, Eastern District of California, No. CIV. 

2 S–88–1658–LKK/GGH. 

3 SEC. 10004. IMPLEMENTATION OF SETTLEMENT. 

4 (a) IN GENERAL.—The Secretary of the Interior is 

5 hereby authorized and directed to implement the terms 

6 and conditions of the Settlement in cooperation with the 

7 State of California, including the following measures as 

8 these measures are prescribed in the Settlement: 

9 (1) Design and construct channel and struc10 tural improvements as described in paragraph 11 of 

11 the Settlement, provided, however, that the Sec12 retary shall not make or fund any such improve13 ments to facilities or property of the State of Cali14 fornia without the approval of the State of Cali15 fornia and the State’s agreement in 1 or more 

16 memoranda of understanding to participate where 

17 appropriate. 

18 (2) Modify Friant Dam operations so as to pro19 vide Restoration Flows and Interim Flows. 

20 (3) Acquire water, water rights, or options to 

21 acquire water as described in paragraph 13 of the 

22 Settlement, provided, however, such acquisitions 

23 shall only be made from willing sellers and not 

24 through eminent domain. 
963 

•S 22 ES

1 (4) Implement the terms and conditions of 

2 paragraph 16 of the Settlement related to recircula3 tion, recapture, reuse, exchange, or transfer of water 

4 released for Restoration Flows or Interim Flows, for 

5 the purpose of accomplishing the Water Manage6 ment Goal of the Settlement, subject to— 

7 (A) applicable provisions of California 

8 water law; 

9 (B) the Secretary’s use of Central Valley 

10 Project facilities to make Project water (other 

11 than water released from Friant Dam pursuant 

12 to the Settlement) and water acquired through 

13 transfers available to existing south-of-Delta 

14 Central Valley Project contractors; and 

15 (C) the Secretary’s performance of the 

16 Agreement of November 24, 1986, between the 

17 United States of America and the Department 

18 of Water Resources of the State of California 

19 for the coordinated operation of the Central 

20 Valley Project and the State Water Project as 

21 authorized by Congress in section 2(d) of the 

22 Act of August 26, 1937 (50 Stat. 850, 100 

23 Stat. 3051), including any agreement to resolve 

24 conflicts arising from said Agreement. 
964 

•S 22 ES

1 (5) Develop and implement the Recovered 

2 Water Account as specified in paragraph 16(b) of 

3 the Settlement, including the pricing and payment 

4 crediting provisions described in paragraph 16(b)(3) 

5 of the Settlement, provided that all other provisions 

6 of Federal reclamation law shall remain applicable. 

7 (b) AGREEMENTS.— 

8 (1) AGREEMENTS WITH THE STATE.—In order 

9 to facilitate or expedite implementation of the Settle10 ment, the Secretary is authorized and directed to 

11 enter into appropriate agreements, including cost12 sharing agreements, with the State of California. 

13 (2) OTHER AGREEMENTS.—The Secretary is 

14 authorized to enter into contracts, memoranda of 

15 understanding, financial assistance agreements, cost 

16 sharing agreements, and other appropriate agree17 ments with State, tribal, and local governmental 

18 agencies, and with private parties, including agree19 ments related to construction, improvement, and op20 eration and maintenance of facilities, subject to any 

21 terms and conditions that the Secretary deems nec22 essary to achieve the purposes of the Settlement. 

23 (c) ACCEPTANCE AND EXPENDITURE OF NON-FED24 ERAL FUNDS.—The Secretary is authorized to accept and 
965 

•S 22 ES

1 expend non-Federal funds in order to facilitate implemen2 tation of the Settlement. 

3 (d) MITIGATION OF IMPACTS.—Prior to the imple4 mentation of decisions or agreements to construct, im5 prove, operate, or maintain facilities that the Secretary de6 termines are needed to implement the Settlement, the Sec7 retary shall identify— 

8 (1) the impacts associated with such actions; 

9 and 

10 (2) the measures which shall be implemented to 

11 mitigate impacts on adjacent and downstream water 

12 users and landowners. 

13 (e) DESIGN AND ENGINEERING STUDIES.—The Sec14 retary is authorized to conduct any design or engineering 

15 studies that are necessary to implement the Settlement. 

16 (f) EFFECT ON CONTRACT WATER ALLOCATIONS.— 

17 Except as otherwise provided in this section, the imple18 mentation of the Settlement and the reintroduction of 

19 California Central Valley Spring Run Chinook salmon 

20 pursuant to the Settlement and section 10011, shall not 

21 result in the involuntary reduction in contract water allo22 cations to Central Valley Project long-term contractors, 

23 other than Friant Division long-term contractors. 

24 (g) EFFECT ON EXISTING WATER CONTRACTS.—Ex25 cept as provided in the Settlement and this part, nothing 
966 

•S 22 ES

1 in this part shall modify or amend the rights and obliga2 tions of the parties to any existing water service, repay3 ment, purchase, or exchange contract. 

4 (h) INTERIM FLOWS.— 

5 (1) STUDY REQUIRED.—Prior to releasing any 

6 Interim Flows under the Settlement, the Secretary 

7 shall prepare an analysis in compliance with the Na8 tional Environmental Policy Act of 1969 (42 U.S.C. 

9 4321 et seq.), including at a minimum— 

10 (A) an analysis of channel conveyance ca11 pacities and potential for levee or groundwater 

12 seepage; 

13 (B) a description of the associated seepage 

14 monitoring program; 

15 (C) an evaluation of— 

16 (i) possible impacts associated with 

17 the release of Interim Flows; and 

18 (ii) mitigation measures for those im19 pacts that are determined to be significant; 

20 (D) a description of the associated flow 

21 monitoring program; and 

22 (E) an analysis of the likely Federal costs, 

23 if any, of any fish screens, fish bypass facilities, 

24 fish salvage facilities, and related operations on 

25 the San Joaquin River south of the confluence 
967 

•S 22 ES

1 with the Merced River required under the En2 dangered Species Act of 1973 (16 U.S.C. 1531 

3 et seq.) as a result of the Interim Flows. 

4 (2) CONDITIONS FOR RELEASE.—The Secretary 

5 is authorized to release Interim Flows to the extent 

6 that such flows would not— 

7 (A) impede or delay completion of the 

8 measures specified in Paragraph 11(a) of the 

9 Settlement; or 

10 (B) exceed existing downstream channel 

11 capacities. 

12 (3) SEEPAGE IMPACTS.—The Secretary shall 

13 reduce Interim Flows to the extent necessary to ad14 dress any material adverse impacts to third parties 

15 from groundwater seepage caused by such flows that 

16 the Secretary identifies based on the monitoring pro17 gram of the Secretary. 

18 (4) TEMPORARY FISH BARRIER PROGRAM.—The 

19 Secretary, in consultation with the California De20 partment of Fish and Game, shall evaluate the effec21 tiveness of the Hills Ferry barrier in preventing the 

22 unintended upstream migration of anadromous fish 

23 in the San Joaquin River and any false migratory 

24 pathways. If that evaluation determines that any 

25 such migration past the barrier is caused by the in-
968 

•S 22 ES

1 troduction of the Interim Flows and that the pres2 ence of such fish will result in the imposition of ad3 ditional regulatory actions against third parties, the 

4 Secretary is authorized to assist the Department of 

5 Fish and Game in making improvements to the bar6 rier. From funding made available in accordance 

7 with section 10009, if third parties along the San 

8 Joaquin River south of its confluence with the 

9 Merced River are required to install fish screens or 

10 fish bypass facilities due to the release of Interim 

11 Flows in order to comply with the Endangered Spe12 cies Act of 1973 (16 U.S.C. 1531 et seq.), the Sec13 retary shall bear the costs of the installation of such 

14 screens or facilities if such costs would be borne by 

15 the Federal Government under section 10009(a)(3), 

16 except to the extent that such costs are already or 

17 are further willingly borne by the State of California 

18 or by the third parties. 

19 (i) FUNDING AVAILABILITY.— 

20 (1) IN GENERAL.—Funds shall be collected in 

21 the San Joaquin River Restoration Fund through 

22 October 1, 2019, and thereafter, with substantial 

23 amounts available through October 1, 2019, pursu24 ant to section 10009 for implementation of the Set25 tlement and parts I and III, including— 
969 

•S 22 ES

1 (A) $88,000,000, to be available without 

2 further appropriation pursuant to section 

3 10009(c)(2); 

4 (B) additional amounts authorized to be 

5 appropriated, including the charges required 

6 under section 10007 and an estimated 

7 $20,000,000 from the CVP Restoration Fund 

8 pursuant to section 10009(b)(2); and 

9 (C) an aggregate commitment of at least 

10 $200,000,000 by the State of California. 

11 (2) ADDITIONAL AMOUNTS.—Substantial addi12 tional amounts from the San Joaquin River Restora13 tion Fund shall become available without further ap14 propriation after October 1, 2019, pursuant to sec15 tion 10009(c)(2). 

16 (3) EFFECT OF SUBSECTION.—Nothing in this 

17 subsection limits the availability of funds authorized 

18 for appropriation pursuant to section 10009(b) or 

19 10203(c). 

20 (j) SAN JOAQUIN RIVER EXCHANGE CONTRACT.— 

21 Subject to section 10006(b), nothing in this part shall 

22 modify or amend the rights and obligations under the Pur23 chase Contract between Miller and Lux and the United 

24 States and the Second Amended Exchange Contract be25 tween the United States, Department of the Interior, Bu-
970 

•S 22 ES

1 reau of Reclamation and Central California Irrigation Dis2 trict, San Luis Canal Company, Firebaugh Canal Water 

3 District and Columbia Canal Company. 

4 SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; 

5 TITLE TO FACILITIES. 

6 (a) TITLE TO FACILITIES.—Unless acquired pursu7 ant to subsection (b), title to any facility or facilities, 

8 stream channel, levees, or other real property modified or 

9 improved in the course of implementing the Settlement au10 thorized by this part, and title to any modifications or im11 provements of such facility or facilities, stream channel, 

12 levees, or other real property— 

13 (1) shall remain in the owner of the property; 

14 and 

15 (2) shall not be transferred to the United 

16 States on account of such modifications or improve17 ments. 

18 (b) ACQUISITION OF PROPERTY.— 

19 (1) IN GENERAL.—The Secretary is authorized 

20 to acquire through purchase from willing sellers any 

21 property, interests in property, or options to acquire 

22 real property needed to implement the Settlement 

23 authorized by this part. 

24 (2) APPLICABLE LAW.—The Secretary is au25 thorized, but not required, to exercise all of the au-
971 

•S 22 ES

1 thorities provided in section 2 of the Act of August 

2 26, 1937 (50 Stat. 844, chapter 832), to carry out 

3 the measures authorized in this section and section 

4 10004. 

5 (c) DISPOSAL OF PROPERTY.— 

6 (1) IN GENERAL.—Upon the Secretary’s deter7 mination that retention of title to property or inter8 ests in property acquired pursuant to this part is no 

9 longer needed to be held by the United States for 

10 the furtherance of the Settlement, the Secretary is 

11 authorized to dispose of such property or interest in 

12 property on such terms and conditions as the Sec13 retary deems appropriate and in the best interest of 

14 the United States, including possible transfer of 

15 such property to the State of California. 

16 (2) RIGHT OF FIRST REFUSAL.—In the event 

17 the Secretary determines that property acquired pur18 suant to this part through the exercise of its emi19 nent domain authority is no longer necessary for im20 plementation of the Settlement, the Secretary shall 

21 provide a right of first refusal to the property owner 

22 from whom the property was initially acquired, or 

23 his or her successor in interest, on the same terms 

24 and conditions as the property is being offered to 

25 other parties. 
972 

•S 22 ES

1 (3) DISPOSITION OF PROCEEDS.—Proceeds 

2 from the disposal by sale or transfer of any such 

3 property or interests in such property shall be depos4 ited in the fund established by section 10009(c). 

5 (d) GROUNDWATER BANK.—Nothing in this part au6 thorizes the Secretary to operate a groundwater bank 

7 along or adjacent to the San Joaquin River upstream of 

8 the confluence with the Merced River, and any such 

9 groundwater bank shall be operated by a non-Federal enti10 ty. 

11 SEC. 10006. COMPLIANCE WITH APPLICABLE LAW. 

12 (a) APPLICABLE LAW.— 

13 (1) IN GENERAL.—In undertaking the measures 

14 authorized by this part, the Secretary and the Sec15 retary of Commerce shall comply with all applicable 

16 Federal and State laws, rules, and regulations, in17 cluding the National Environmental Policy Act of 

18 1969 (42 U.S.C. 4321 et seq.) and the Endangered 

19 Species Act of 1973 (16 U.S.C. 1531 et seq.), as 

20 necessary. 

21 (2) ENVIRONMENTAL REVIEWS.—The Secretary 

22 and the Secretary of Commerce are authorized and 

23 directed to initiate and expeditiously complete appli24 cable environmental reviews and consultations as 
973 

•S 22 ES

1 may be necessary to effectuate the purposes of the 

2 Settlement. 

3 (b) EFFECT ON STATE LAW.—Nothing in this part 

4 shall preempt State law or modify any existing obligation 

5 of the United States under Federal reclamation law to op6 erate the Central Valley Project in conformity with State 

7 law. 

8 (c) USE OF FUNDS FOR ENVIRONMENTAL RE9 VIEWS.— 

10 (1) DEFINITION OF ENVIRONMENTAL RE11 VIEW.—For purposes of this subsection, the term 

12 ‘‘environmental review’’ includes any consultation 

13 and planning necessary to comply with subsection 

14 (a). 

15 (2) PARTICIPATION IN ENVIRONMENTAL RE16 VIEW PROCESS.—In undertaking the measures au17 thorized by section 10004, and for which environ18 mental review is required, the Secretary may provide 

19 funds made available under this part to affected 

20 Federal agencies, State agencies, local agencies, and 

21 Indian tribes if the Secretary determines that such 

22 funds are necessary to allow the Federal agencies, 

23 State agencies, local agencies, or Indian tribes to ef24 fectively participate in the environmental review 

25 process. 
974 

•S 22 ES

1 (3) LIMITATION.—Funds may be provided 

2 under paragraph (2) only to support activities that 

3 directly contribute to the implementation of the 

4 terms and conditions of the Settlement. 

5 (d) NONREIMBURSABLE FUNDS.—The United 

6 States’ share of the costs of implementing this part shall 

7 be nonreimbursable under Federal reclamation law, pro8 vided that nothing in this subsection shall limit or be con9 strued to limit the use of the funds assessed and collected 

10 pursuant to sections 3406(c)(1) and 3407(d)(2) of the 

11 Reclamation Projects Authorization and Adjustment Act 

12 of 1992 (Public Law 102–575; 106 Stat. 4721, 4727), for 

13 implementation of the Settlement, nor shall it be con14 strued to limit or modify existing or future Central Valley 

15 Project ratesetting policies. 

16 SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT 

17 IMPROVEMENT ACT. 

18 Congress hereby finds and declares that the Settle19 ment satisfies and discharges all of the obligations of the 

20 Secretary contained in section 3406(c)(1) of the Reclama21 tion Projects Authorization and Adjustment Act of 1992 

22 (Public Law 102–575; 106 Stat. 4721), provided, how23 ever, that— 

24 (1) the Secretary shall continue to assess and 

25 collect the charges provided in section 3406(c)(1) of 
975 

•S 22 ES

1 the Reclamation Projects Authorization and Adjust2 ment Act of 1992 (Public Law 102–575; 106 Stat. 

3 4721), as provided in the Settlement; and 

4 (2) those assessments and collections shall con5 tinue to be counted toward the requirements of the 

6 Secretary contained in section 3407(c)(2) of the 

7 Reclamation Projects Authorization and Adjustment 

8 Act of 1992 (Public Law 102–575; 106 Stat. 4726). 

9 SEC. 10008. NO PRIVATE RIGHT OF ACTION. 

10 (a) IN GENERAL.—Nothing in this part confers upon 

11 any person or entity not a party to the Settlement a pri12 vate right of action or claim for relief to interpret or en13 force the provisions of this part or the Settlement. 

14 (b) APPLICABLE LAW.—This section shall not alter 

15 or curtail any right of action or claim for relief under any 

16 other applicable law. 

17 SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND. 

18 (a) IMPLEMENTATION COSTS.— 

19 (1) IN GENERAL.—The costs of implementing 

20 the Settlement shall be covered by payments or in21 kind contributions made by Friant Division contrac22 tors and other non-Federal parties, including the 

23 funds provided in subparagraphs (A) through (D) of 

24 subsection (c)(1), estimated to total $440,000,000, 

25 of which the non-Federal payments are estimated to 
976 

•S 22 ES

1 total $200,000,000 (at October 2006 price levels) 

2 and the amount from repaid Central Valley Project 

3 capital obligations is estimated to total 

4 $240,000,000, the additional Federal appropriation 

5 of $250,000,000 authorized pursuant to subsection 

6 (b)(1), and such additional funds authorized pursu7 ant to subsection (b)(2); provided however, that the 

8 costs of implementing the provisions of section 

9 10004(a)(1) shall be shared by the State of Cali10 fornia pursuant to the terms of a memorandum of 

11 understanding executed by the State of California 

12 and the Parties to the Settlement on September 13, 

13 2006, which includes at least $110,000,000 of State 

14 funds. 

15 (2) ADDITIONAL AGREEMENTS.— 

16 (A) IN GENERAL.—The Secretary shall 

17 enter into 1 or more agreements to fund or im18 plement improvements on a project-by-project 

19 basis with the State of California. 

20 (B) REQUIREMENTS.—Any agreements en21 tered into under subparagraph (A) shall provide 

22 for recognition of either monetary or in-kind 

23 contributions toward the State of California’s 

24 share of the cost of implementing the provisions 

25 of section 10004(a)(1). 
977 

•S 22 ES

1 (3) LIMITATION.—Except as provided in the 

2 Settlement, to the extent that costs incurred solely 

3 to implement this Settlement would not otherwise 

4 have been incurred by any entity or public or local 

5 agency or subdivision of the State of California, such 

6 costs shall not be borne by any such entity, agency, 

7 or subdivision of the State of California, unless such 

8 costs are incurred on a voluntary basis. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) IN GENERAL.—In addition to the funding 

11 provided in subsection (c), there are also authorized 

12 to be appropriated not to exceed $250,000,000 (at 

13 October 2006 price levels) to implement this part 

14 and the Settlement, to be available until expended; 

15 provided however, that the Secretary is authorized to 

16 spend such additional appropriations only in 

17 amounts equal to the amount of funds deposited in 

18 the San Joaquin River Restoration Fund (not in19 cluding payments under subsection (c)(1)(B) and 

20 proceeds under subsection (c)(1)(C)), the amount of 

21 in-kind contributions, and other non-Federal pay22 ments actually committed to the implementation of 

23 this part or the Settlement. 

24 (2) USE OF THE CENTRAL VALLEY PROJECT

25 RESTORATION FUND.—The Secretary is authorized 
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•S 22 ES

1 to use monies from the Central Valley Project Res2 toration Fund created under section 3407 of the 

3 Reclamation Projects Authorization and Adjustment 

4 Act of 1992 (Public Law 102–575; 106 Stat. 4727) 

5 for purposes of this part in an amount not to exceed 

6 $2,000,000 (October 2006 price levels) in any fiscal 

7 year. 

8 (c) FUND.— 

9 (1) IN GENERAL.—There is hereby established 

10 within the Treasury of the United States a fund, to 

11 be known as the San Joaquin River Restoration 

12 Fund, into which the following funds shall be depos13 ited and used solely for the purpose of implementing 

14 the Settlement except as otherwise provided in sub15 sections (a) and (b) of section 10203: 

16 (A) All payments received pursuant to sec17 tion 3406(c)(1) of the Reclamation Projects 

18 Authorization and Adjustment Act of 1992 

19 (Public Law 102–575; 106 Stat. 4721). 

20 (B) The construction cost component (not 

21 otherwise needed to cover operation and main22 tenance costs) of payments made by Friant Di23 vision, Hidden Unit, and Buchanan Unit long24 term contractors pursuant to long-term water 

25 service contracts or pursuant to repayment con-
979 

•S 22 ES

1 tracts, including repayment contracts executed 

2 pursuant to section 10010. The construction 

3 cost repayment obligation assigned such con4 tractors under such contracts shall be reduced 

5 by the amount paid pursuant to this paragraph 

6 and the appropriate share of the existing Fed7 eral investment in the Central Valley Project to 

8 be recovered by the Secretary pursuant to Pub9 lic Law 99–546 (100 Stat. 3050) shall be re10 duced by an equivalent sum. 

11 (C) Proceeds from the sale of water pursu12 ant to the Settlement, or from the sale of prop13 erty or interests in property as provided in sec14 tion 10005. 

15 (D) Any non-Federal funds, including 

16 State cost-sharing funds, contributed to the 

17 United States for implementation of the Settle18 ment, which the Secretary may expend without 

19 further appropriation for the purposes for 

20 which contributed. 

21 (2) AVAILABILITY.—All funds deposited into 

22 the Fund pursuant to subparagraphs (A), (B), and 

23 (C) of paragraph (1) are authorized for appropria24 tion to implement the Settlement and this part, in 

25 addition to the authorization provided in subsections 
980 

•S 22 ES

1 (a) and (b) of section 10203, except that 

2 $88,000,000 of such funds are available for expendi3 ture without further appropriation; provided that 

4 after October 1, 2019, all funds in the Fund shall 

5 be available for expenditure without further appro6 priation. 

7 (d) LIMITATION ON CONTRIBUTIONS.—Payments 

8 made by long-term contractors who receive water from the 

9 Friant Division and Hidden and Buchanan Units of the 

10 Central Valley Project pursuant to sections 3406(c)(1) 

11 and 3407(d)(2) of the Reclamation Projects Authorization 

12 and Adjustment Act of 1992 (Public Law 102–575; 106 

13 Stat. 4721, 4727) and payments made pursuant to para14 graph 16(b)(3) of the Settlement and subsection (c)(1)(B) 

15 shall be the limitation of such entities’ direct financial con16 tribution to the Settlement, subject to the terms and con17 ditions of paragraph 21 of the Settlement. 

18 (e) NO ADDITIONAL EXPENDITURES REQUIRED.— 

19 Nothing in this part shall be construed to require a Fed20 eral official to expend Federal funds not appropriated by 

21 Congress, or to seek the appropriation of additional funds 

22 by Congress, for the implementation of the Settlement. 

23 (f) REACH 4B.— 

24 (1) STUDY.— 
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•S 22 ES

1 (A) IN GENERAL.—In accordance with the 

2 Settlement and the memorandum of under3 standing executed pursuant to paragraph 6 of 

4 the Settlement, the Secretary shall conduct a 

5 study that specifies— 

6 (i) the costs of undertaking any work 

7 required under paragraph 11(a)(3) of the 

8 Settlement to increase the capacity of 

9 reach 4B prior to reinitiation of Restora10 tion Flows; 

11 (ii) the impacts associated with re12 initiation of such flows; and 

13 (iii) measures that shall be imple14 mented to mitigate impacts. 

15 (B) DEADLINE.—The study under sub16 paragraph (A) shall be completed prior to res17 toration of any flows other than Interim Flows. 

18 (2) REPORT.— 

19 (A) IN GENERAL.—The Secretary shall file 

20 a report with Congress not later than 90 days 

21 after issuing a determination, as required by 

22 the Settlement, on whether to expand channel 

23 conveyance capacity to 4500 cubic feet per sec24 ond in reach 4B of the San Joaquin River, or 

25 use an alternative route for pulse flows, that— 
982 

•S 22 ES

1 (i) explains whether the Secretary has 

2 decided to expand Reach 4B capacity to 

3 4500 cubic feet per second; and 

4 (ii) addresses the following matters: 

5 (I) The basis for the Secretary’s 

6 determination, whether set out in en7 vironmental review documents or oth8 erwise, as to whether the expansion of 

9 Reach 4B would be the preferable 

10 means to achieve the Restoration Goal 

11 as provided in the Settlement, includ12 ing how different factors were as13 sessed such as comparative biological 

14 and habitat benefits, comparative 

15 costs, relative availability of State 

16 cost-sharing funds, and the compara17 tive benefits and impacts on water 

18 temperature, water supply, private 

19 property, and local and downstream 

20 flood control. 

21 (II) The Secretary’s final cost es22 timate for expanding Reach 4B capac23 ity to 4500 cubic feet per second, or 

24 any alternative route selected, as well 

25 as the alternative cost estimates pro-
983 

•S 22 ES

1 vided by the State, by the Restoration 

2 Administrator, and by the other par3 ties to the Settlement. 

4 (III) The Secretary’s plan for 

5 funding the costs of expanding Reach 

6 4B or any alternative route selected, 

7 whether by existing Federal funds 

8 provided under this subtitle, by non9 Federal funds, by future Federal ap10 propriations, or some combination of 

11 such sources. 

12 (B) DETERMINATION REQUIRED.—The 

13 Secretary shall, to the extent feasible, make the 

14 determination in subparagraph (A) prior to un15 dertaking any substantial construction work to 

16 increase capacity in reach 4B. 

17 (3) COSTS.—If the Secretary’s estimated Fed18 eral cost for expanding reach 4B in paragraph (2), 

19 in light of the Secretary’s funding plan set out in 

20 that paragraph, would exceed the remaining Federal 

21 funding authorized by this part (including all funds 

22 reallocated, all funds dedicated, and all new funds 

23 authorized by this part and separate from all com24 mitments of State and other non-Federal funds and 

25 in-kind commitments), then before the Secretary 
984 

•S 22 ES

1 commences actual construction work in reach 4B 

2 (other than planning, design, feasibility, or other 

3 preliminary measures) to expand capacity to 4500 

4 cubic feet per second to implement this Settlement, 

5 Congress must have increased the applicable author6 ization ceiling provided by this part in an amount at 

7 least sufficient to cover the higher estimated Federal 

8 costs. 

9 SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION 

10 OF REPAYMENT OF CONSTRUCTION COSTS. 

11 (a) CONVERSION OF CONTRACTS.— 

12 (1) The Secretary is authorized and directed to 

13 convert, prior to December 31, 2010, all existing 

14 long-term contracts with the following Friant Divi15 sion, Hidden Unit, and Buchanan Unit contractors, 

16 entered under subsection (e) of section 9 of the Act 

17 of August 4, 1939 (53 Stat. 1196), to contracts 

18 under subsection (d) of section 9 of said Act (53 

19 Stat. 1195), under mutually agreeable terms and 

20 conditions: Arvin-Edison Water Storage District; 

21 Delano-Earlimart Irrigation District; Exeter Irriga22 tion District; Fresno Irrigation District; Ivanhoe Ir23 rigation District; Lindmore Irrigation District; Lind24 say-Strathmore Irrigation District; Lower Tule 

25 River Irrigation District; Orange Cove Irrigation 
985 

•S 22 ES

1 District; Porterville Irrigation District; Saucelito Ir2 rigation District; Shafter-Wasco Irrigation District; 

3 Southern San Joaquin Municipal Utility District; 

4 Stone Corral Irrigation District; Tea Pot Dome 

5 Water District; Terra Bella Irrigation District; 

6 Tulare Irrigation District; Madera Irrigation Dis7 trict; and Chowchilla Water District. Upon request 

8 of the contractor, the Secretary is authorized to con9 vert, prior to December 31, 2010, other existing 

10 long-term contracts with Friant Division contractors 

11 entered under subsection (e) of section 9 of the Act 

12 of August 4, 1939 (53 Stat. 1196), to contracts 

13 under subsection (d) of section 9 of said Act (53 

14 Stat. 1195), under mutually agreeable terms and 

15 conditions. 

16 (2) Upon request of the contractor, the Sec17 retary is further authorized to convert, prior to De18 cember 31, 2010, any existing Friant Division long19 term contract entered under subsection (c)(2) of sec20 tion 9 of the Act of August 4, 1939 (53 Stat. 1194), 

21 to a contract under subsection (c)(1) of section 9 of 

22 said Act, under mutually agreeable terms and condi23 tions. 

24 (3) All such contracts entered into pursuant to 

25 paragraph (1) shall— 
986 

•S 22 ES

1 (A) require the repayment, either in lump 

2 sum or by accelerated prepayment, of the re3 maining amount of construction costs identified 

4 in the Central Valley Project Schedule of Irri5 gation Capital Rates by Contractor 2007 Irriga6 tion Water Rates, dated January 25, 2007, as 

7 adjusted to reflect payments not reflected in 

8 such schedule, and properly assignable for ulti9 mate return by the contractor, no later than 

10 January 31, 2011, or if made in approximately 

11 equal annual installments, no later than Janu12 ary 31, 2014; such amount to be discounted by 

1 13 ⁄2 the Treasury Rate. An estimate of the re14 maining amount of construction costs as of 

15 January 31, 2011, as adjusted, shall be pro16 vided by the Secretary to each contractor no 

17 later than June 30, 2010; 

18 (B) require that, notwithstanding sub19 section (c)(2), construction costs or other cap20 italized costs incurred after the effective date of 

21 the contract or not reflected in the schedule ref22 erenced in subparagraph (A), and properly as23 signable to such contractor, shall be repaid in 

24 not more than 5 years after notification of the 

25 allocation if such amount is a result of a collec-
987 

•S 22 ES

1 tive annual allocation of capital costs to the 

2 contractors exercising contract conversions 

3 under this subsection of less than $5,000,000. 

4 If such amount is $5,000,000 or greater, such 

5 cost shall be repaid as provided by applicable 

6 Reclamation law, provided that the reference to 

7 the amount of $5,000,000 shall not be a prece8 dent in any other context; 

9 (C) provide that power revenues will not be 

10 available to aid in repayment of construction 

11 costs allocated to irrigation under the contract; 

12 and 

13 (D) conform to the Settlement and this 

14 part and shall continue so long as the con15 tractor pays applicable charges, consistent with 

16 subsection (c)(2) and applicable law. 

17 (4) All such contracts entered into pursuant to 

18 paragraph (2) shall— 

19 (A) require the repayment in lump sum of 

20 the remaining amount of construction costs 

21 identified in the most current version of the 

22 Central Valley Project Schedule of Municipal 

23 and Industrial Water Rates, as adjusted to re24 flect payments not reflected in such schedule, 

25 and properly assignable for ultimate return by 
988 

•S 22 ES

1 the contractor, no later than January 31, 2014. 

2 An estimate of the remaining amount of con3 struction costs as of January 31, 2014, as ad4 justed, shall be provided by the Secretary to 

5 each contractor no later than June 30, 2013; 

6 (B) require that, notwithstanding sub7 section (c)(2), construction costs or other cap8 italized costs incurred after the effective date of 

9 the contract or not reflected in the schedule ref10 erenced in subparagraph (A), and properly as11 signable to such contractor, shall be repaid in 

12 not more than 5 years after notification of the 

13 allocation if such amount is a result of a collec14 tive annual allocation of capital costs to the 

15 contractors exercising contract conversions 

16 under this subsection of less than $5,000,000. 

17 If such amount is $5,000,000 or greater, such 

18 cost shall be repaid as provided by applicable 

19 Reclamation law, provided that the reference to 

20 the amount of $5,000,000 shall not be a prece21 dent in any other context; and 

22 (C) conform to the Settlement and this 

23 part and shall continue so long as the con24 tractor pays applicable charges, consistent with 

25 subsection (c)(2) and applicable law. 
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•S 22 ES

1 (b) FINAL ADJUSTMENT.—The amounts paid pursu2 ant to subsection (a) shall be subject to adjustment fol3 lowing a final cost allocation by the Secretary upon com4 pletion of the construction of the Central Valley Project. 

5 In the event that the final cost allocation indicates that 

6 the costs properly assignable to the contractor are greater 

7 than what has been paid by the contractor, the contractor 

8 shall be obligated to pay the remaining allocated costs. 

9 The term of such additional repayment contract shall be 

10 no less than 1 year and no more than 10 years, however, 

11 mutually agreeable provisions regarding the rate of repay12 ment of such amount may be developed by the parties. 

13 In the event that the final cost allocation indicates that 

14 the costs properly assignable to the contractor are less 

15 than what the contractor has paid, the Secretary is au16 thorized and directed to credit such overpayment as an 

17 offset against any outstanding or future obligation of the 

18 contractor. 

19 (c) APPLICABILITY OF CERTAIN PROVISIONS.— 

20 (1) Notwithstanding any repayment obligation 

21 under subsection (a)(3)(B) or subsection (b), upon a 

22 contractor’s compliance with and discharge of the 

23 obligation of repayment of the construction costs as 

24 provided in subsection (a)(3)(A), the provisions of 

25 section 213(a) and (b) of the Reclamation Reform 
990 

•S 22 ES

1 Act of 1982 (96 Stat. 1269) shall apply to lands in 

2 such district. 

3 (2) Notwithstanding any repayment obligation 

4 under paragraph (3)(B) or (4)(B) of subsection (a), 

5 or subsection (b), upon a contractor’s compliance 

6 with and discharge of the obligation of repayment of 

7 the construction costs as provided in paragraphs 

8 (3)(A) and (4)(A) of subsection (a), the Secretary 

9 shall waive the pricing provisions of section 3405(d) 

10 of the Reclamation Projects Authorization and Ad11 justment Act of 1992 (Public Law 102–575) for 

12 such contractor, provided that such contractor shall 

13 continue to pay applicable operation and mainte14 nance costs and other charges applicable to such re15 payment contracts pursuant to the then-current 

16 rate-setting policy and applicable law. 

17 (3) Provisions of the Settlement applying to 

18 Friant Division, Hidden Unit, and Buchanan Unit 

19 long-term water service contracts shall also apply to 

20 contracts executed pursuant to this section. 

21 (d) REDUCTION OF CHARGE FOR THOSE CONTRACTS

22 CONVERTED PURSUANT TO SUBSECTION (A)(1).— 

23 (1) At the time all payments by the contractor 

24 required by subsection (a)(3)(A) have been com25 pleted, the Secretary shall reduce the charge man-
991 

•S 22 ES

1 dated in section 10007(1) of this part, from 2020 

2 through 2039, to offset the financing costs as de3 fined in section 10010(d)(3). The reduction shall be 

4 calculated at the time all payments by the contractor 

5 required by subsection (a)(3)(A) have been com6 pleted. The calculation shall remain fixed from 2020 

7 through 2039 and shall be based upon anticipated 

8 average annual water deliveries, as mutually agreed 

9 upon by the Secretary and the contractor, for the 

10 period from 2020 through 2039, and the amounts of 

11 such reductions shall be discounted using the Treas12 ury Rate; provided, that such charge shall not be re13 duced to less than $4.00 per acre foot of project 

14 water delivered; provided further, that such reduc15 tion shall be implemented annually unless the Sec16 retary determines, based on the availability of other 

17 monies, that the charges mandated in section 

18 10007(1) are otherwise needed to cover ongoing fed19 eral costs of the Settlement, including any federal 

20 operation and maintenance costs of facilities that the 

21 Secretary determines are needed to implement the 

22 Settlement. If the Secretary determines that such 

23 charges are necessary to cover such ongoing federal 

24 costs, the Secretary shall, instead of making the re25 duction in such charges, reduce the contractor’s op-
992 

•S 22 ES

1 eration and maintenance obligation by an equivalent 

2 amount, and such amount shall not be recovered by 

3 the United States from any Central Valley Project 

4 contractor, provided nothing herein shall affect the 

5 obligation of the contractor to make payments pur6 suant to a transfer agreement with a non-federal op7 erating entity. 

8 (2) If the calculated reduction in paragraph (1), 

9 taking into consideration the minimum amount re10 quired, does not result in the contractor offsetting 

11 its financing costs, the Secretary is authorized and 

12 directed to reduce, after October 1, 2019, any out13 standing or future obligations of the contractor to 

14 the Bureau of Reclamation, other than the charge 

15 assessed and collected under section 3407(d) of Pub16 lic law 102–575, by the amount of such deficiency, 

17 with such amount indexed to 2020 using the Treas18 ury Rate and such amount shall not be recovered by 

19 the United States from any Central Valley Project 

20 contractor, provided nothing herein shall affect the 

21 obligation of the contractor to make payments pur22 suant to a transfer agreement with a non-Federal 

23 operating entity. 

24 (3) Financing costs, for the purposes of this 

25 subsection, shall be computed as the difference of 
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•S 22 ES

1 the net present value of the construction cost identi2 fied in subsection (a)(3)(A) using the full Treasury 

3 Rate as compared to using one half of the Treasury 

4 Rate and applying those rates against a calculated 

5 average annual capital repayment through 2030. 

6 (4) Effective in 2040, the charge shall revert to 

7 the amount called for in section 10007(1) of this 

8 part. 

9 (5) For purposes of this section, ‘‘Treasury 

10 Rate’’ shall be defined as the 20 year Constant Ma11 turity Treasury (CMT) rate published by the United 

12 States Department of the Treasury as of October 1, 

13 2010. 

14 (e) SATISFACTION OF CERTAIN PROVISIONS.— 

15 (1) IN GENERAL.—Upon the first release of In16 terim Flows or Restoration Flows, pursuant to para17 graphs 13 or 15 of the Settlement, any short- or 

18 long-term agreement, to which 1 or more long-term 

19 Friant Division, Hidden Unit, or Buchanan Unit 

20 contractor that converts its contract pursuant to 

21 subsection (a) is a party, providing for the transfer 

22 or exchange of water not released as Interim Flows 

23 or Restoration Flows shall be deemed to satisfy the 

24 provisions of subsection 3405(a)(1)(A) and (I) of the 

25 Reclamation Projects Authorization and Adjustment 
994 

•S 22 ES

1 Act of 1992 (Public Law 102–575) without the fur2 ther concurrence of the Secretary as to compliance 

3 with said subsections if the contractor provides, not 

4 later than 90 days before commencement of any 

5 such transfer or exchange for a period in excess of 

6 1 year, and not later than 30 days before commence7 ment of any proposed transfer or exchange with du8 ration of less than 1 year, written notice to the Sec9 retary stating how the proposed transfer or ex10 change is intended to reduce, avoid, or mitigate im11 pacts to water deliveries caused by the Interim 

12 Flows or Restoration Flows or is intended to other13 wise facilitate the Water Management Goal, as de14 scribed in the Settlement. The Secretary shall 

15 promptly make such notice publicly available. 

16 (2) DETERMINATION OF REDUCTIONS TO

17 WATER DELIVERIES.—Water transferred or ex18 changed under an agreement that meets the terms 

19 of this subsection shall not be counted as a replace20 ment or an offset for purposes of determining reduc21 tions to water deliveries to any Friant Division long22 term contractor except as provided in paragraph 

23 16(b) of the Settlement. The Secretary shall, at least 

24 annually, make publicly available a compilation of 

25 the number of transfer or exchange agreements exer-
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•S 22 ES

1 cising the provisions of this subsection to reduce, 

2 avoid, or mitigate impacts to water deliveries caused 

3 by the Interim Flows or Restoration Flows or to fa4 cilitate the Water Management Goal, as well as the 

5 volume of water transferred or exchanged under 

6 such agreements. 

7 (3) STATE LAW.—Nothing in this subsection al8 ters State law or permit conditions, including any 

9 applicable geographical restrictions on the place of 

10 use of water transferred or exchanged pursuant to 

11 this subsection. 

12 (f) CERTAIN REPAYMENT OBLIGATIONS NOT AL13 TERED.—Implementation of the provisions of this section 

14 shall not alter the repayment obligation of any other long15 term water service or repayment contractor receiving 

16 water from the Central Valley Project, or shift any costs 

17 that would otherwise have been properly assignable to the 

18 Friant contractors absent this section, including oper19 ations and maintenance costs, construction costs, or other 

20 capitalized costs incurred after the date of enactment of 

21 this Act, to other such contractors. 

22 (g) STATUTORY INTERPRETATION.—Nothing in this 

23 part shall be construed to affect the right of any Friant 

24 Division, Hidden Unit, or Buchanan Unit long-term con25 tractor to use a particular type of financing to make the 
996 

•S 22 ES

1 payments required in paragraph (3)(A) or (4)(A) of sub2 section (a). 

3 SEC. 10011. CALIFORNIA CENTRAL VALLEY SPRING RUN 

4 CHINOOK SALMON. 

5 (a) FINDING.—Congress finds that the implementa6 tion of the Settlement to resolve 18 years of contentious 

7 litigation regarding restoration of the San Joaquin River 

8 and the reintroduction of the California Central Valley 

9 Spring Run Chinook salmon is a unique and unprece10 dented circumstance that requires clear expressions of 

11 Congressional intent regarding how the provisions of the 

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

13 are utilized to achieve the goals of restoration of the San 

14 Joaquin River and the successful reintroduction of Cali15 fornia Central Valley Spring Run Chinook salmon. 

16 (b) REINTRODUCTION IN THE SAN JOAQUIN

17 RIVER.—California Central Valley Spring Run Chinook 

18 salmon shall be reintroduced in the San Joaquin River 

19 below Friant Dam pursuant to section 10(j) of the Endan20 gered Species Act of 1973 (16 U.S.C. 1539(j)) and the 

21 Settlement, provided that the Secretary of Commerce 

22 finds that a permit for the reintroduction of California 

23 Central Valley Spring Run Chinook salmon may be issued 

24 pursuant to section 10(a)(1)(A) of the Endangered Spe25 cies Act of 1973 (16 U.S.C. 1539(a)(1)(A)). 
997 

•S 22 ES

1 (c) FINAL RULE.— 

2 (1) DEFINITION OF THIRD PARTY.—For the 

3 purpose of this subsection, the term ‘‘third party’’ 

4 means persons or entities diverting or receiving 

5 water pursuant to applicable State and Federal laws 

6 and shall include Central Valley Project contractors 

7 outside of the Friant Division of the Central Valley 

8 Project and the State Water Project. 

9 (2) ISSUANCE.—The Secretary of Commerce 

10 shall issue a final rule pursuant to section 4(d) of 

11 the Endangered Species Act of 1973 (16 U.S.C. 

12 1533(d)) governing the incidental take of reintro13 duced California Central Valley Spring Run Chinook 

14 salmon prior to the reintroduction. 

15 (3) REQUIRED COMPONENTS.—The rule issued 

16 under paragraph (2) shall provide that the reintro17 duction will not impose more than de minimus: 

18 water supply reductions, additional storage releases, 

19 or bypass flows on unwilling third parties due to 

20 such reintroduction. 

21 (4) APPLICABLE LAW.—Nothing in this sec22 tion— 

23 (A) diminishes the statutory or regulatory 

24 protections provided in the Endangered Species 

25 Act of 1973 for any species listed pursuant to 
998 

•S 22 ES

1 section 4 of the Endangered Species Act of 

2 1973 (16 U.S.C. 1533) other than the reintro3 duced population of California Central Valley 

4 Spring Run Chinook salmon, including protec5 tions pursuant to existing biological opinions or 

6 new biological opinions issued by the Secretary 

7 or Secretary of Commerce; or 

8 (B) precludes the Secretary or Secretary of 

9 Commerce from imposing protections under the 

10 Endangered Species Act of 1973 (16 U.S.C. 

11 1531 et seq.) for other species listed pursuant 

12 to section 4 of that Act (16 U.S.C. 1533) be13 cause those protections provide incidental bene14 fits to such reintroduced California Central Val15 ley Spring Run Chinook salmon. 

16 (d) REPORT.— 

17 (1) IN GENERAL.—Not later than December 31, 

18 2024, the Secretary of Commerce shall report to 

19 Congress on the progress made on the reintroduction 

20 set forth in this section and the Secretary’s plans for 

21 future implementation of this section. 

22 (2) INCLUSIONS.—The report under paragraph 

23 (1) shall include— 

24 (A) an assessment of the major challenges, 

25 if any, to successful reintroduction; 
999 

•S 22 ES

1 (B) an evaluation of the effect, if any, of 

2 the reintroduction on the existing population of 

3 California Central Valley Spring Run Chinook 

4 salmon existing on the Sacramento River or its 

5 tributaries; and 

6 (C) an assessment regarding the future of 

7 the reintroduction. 

8 (e) FERC PROJECTS.— 

9 (1) IN GENERAL.—With regard to California 

10 Central Valley Spring Run Chinook salmon reintro11 duced pursuant to the Settlement, the Secretary of 

12 Commerce shall exercise its authority under section 

13 18 of the Federal Power Act (16 U.S.C. 811) by re14 serving its right to file prescriptions in proceedings 

15 for projects licensed by the Federal Energy Regu16 latory Commission on the Calaveras, Stanislaus, 

17 Tuolumne, Merced, and San Joaquin rivers and oth18 erwise consistent with subsection (c) until after the 

19 expiration of the term of the Settlement, December 

20 31, 2025, or the expiration of the designation made 

21 pursuant to subsection (b), whichever ends first. 

22 (2) EFFECT OF SUBSECTION.—Nothing in this 

23 subsection shall preclude the Secretary of Commerce 

24 from imposing prescriptions pursuant to section 18 

25 of the Federal Power Act (16 U.S.C. 811) solely for 
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1 other anadromous fish species because those pre2 scriptions provide incidental benefits to such reintro3 duced California Central Valley Spring Run Chinook 

4 salmon. 

5 (f) EFFECT OF SECTION.—Nothing in this section is 

6 intended or shall be construed— 

7 (1) to modify the Endangered Species Act of 

8 1973 (16 U.S.C. 1531 et seq.) or the Federal Power 

9 Act (16 U.S.C. 791a et seq.); or 

10 (2) to establish a precedent with respect to any 

11 other application of the Endangered Species Act of 

12 1973 (16 U.S.C. 1531 et seq.) or the Federal Power 

13 Act (16 U.S.C. 791a et seq.). 

14 PART II—STUDY TO DEVELOP WATER PLAN; 

15 REPORT 

16 SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT. 

17 (a) PLAN.— 

18 (1) GRANT.—To the extent that funds are 

19 made available in advance for this purpose, the Sec20 retary of the Interior, acting through the Bureau of 

21 Reclamation, shall provide direct financial assistance 

22 to the California Water Institute, located at Cali23 fornia State University, Fresno, California, to con24 duct a study regarding the coordination and integra25 tion of sub-regional integrated regional water man-
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1 agement plans into a unified Integrated Regional 

2 Water Management Plan for the subject counties in 

3 the hydrologic basins that would address issues re4 lated to— 

5 (A) water quality; 

6 (B) water supply (both surface, ground 

7 water banking, and brackish water desalina8 tion); 

9 (C) water conveyance; 

10 (D) water reliability; 

11 (E) water conservation and efficient use 

12 (by distribution systems and by end users); 

13 (F) flood control; 

14 (G) water resource-related environmental 

15 enhancement; and 

16 (H) population growth. 

17 (2) STUDY AREA.—The study area referred to 

18 in paragraph (1) is the proposed study area of the 

19 San Joaquin River Hydrologic Region and Tulare 

20 Lake Hydrologic Region, as defined by California 

21 Department of Water Resources Bulletin 160–05, 

22 volume 3, chapters 7 and 8, including Kern, Tulare, 

23 Kings, Fresno, Madera, Merced, Stanislaus, and San 

24 Joaquin counties in California. 
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1 (b) USE OF PLAN.—The Integrated Regional Water 

2 Management Plan developed for the 2 hydrologic basins 

3 under subsection (a) shall serve as a guide for the counties 

4 in the study area described in subsection (a)(2) to use as 

5 a mechanism to address and solve long-term water needs 

6 in a sustainable and equitable manner. 

7 (c) REPORT.—The Secretary shall ensure that a re8 port containing the results of the Integrated Regional 

9 Water Management Plan for the hydrologic regions is sub10 mitted to the Committee on Energy and Natural Re11 sources of the Senate and the Committee on Natural Re12 sources of the House of Representatives not later than 24 

13 months after financial assistance is made available to the 

14 California Water Institute under subsection (a)(1). 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this section 

17 $1,000,000 to remain available until expended. 

18 PART III—FRIANT DIVISION IMPROVEMENTS 

19 SEC. 10201. FEDERAL FACILITY IMPROVEMENTS. 

20 (a) The Secretary of the Interior (hereafter referred 

21 to as the ‘‘Secretary’’) is authorized and directed to con22 duct feasibility studies in coordination with appropriate 

23 Federal, State, regional, and local authorities on the fol24 lowing improvements and facilities in the Friant Division, 

25 Central Valley Project, California: 
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•S 22 ES

1 (1) Restoration of the capacity of the Friant2 Kern Canal and Madera Canal to such capacity as 

3 previously designed and constructed by the Bureau 

4 of Reclamation. 

5 (2) Reverse flow pump-back facilities on the 

6 Friant-Kern Canal, with reverse-flow capacity of ap7 proximately 500 cubic feet per second at the Poso 

8 and Shafter Check Structures and approximately 

9 300 cubic feet per second at the Woollomes Check 

10 Structure. 

11 (b) Upon completion of and consistent with the appli12 cable feasibility studies, the Secretary is authorized to con13 struct the improvements and facilities identified in sub14 section (a) in accordance with all applicable Federal and 

15 State laws. 

16 (c) The costs of implementing this section shall be 

17 in accordance with section 10203, and shall be a nonreim18 bursable Federal expenditure. 

19 SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS. 

20 (a) AUTHORIZATION.—The Secretary is authorized to 

21 provide financial assistance to local agencies within the 

22 Central Valley Project, California, for the planning, de23 sign, environmental compliance, and construction of local 

24 facilities to bank water underground or to recharge 

25 groundwater, and that recover such water, provided that 
1004 

•S 22 ES

1 the project meets the criteria in subsection (b). The Sec2 retary is further authorized to require that any such local 

3 agency receiving financial assistance under the terms of 

4 this section submit progress reports and accountings to 

5 the Secretary, as the Secretary deems appropriate, which 

6 such reports shall be publicly available. 

7 (b) CRITERIA.— 

8 (1) A project shall be eligible for Federal finan9 cial assistance under subsection (a) only if all or a 

10 portion of the project is designed to reduce, avoid, 

11 or offset the quantity of the expected water supply 

12 impacts to Friant Division long-term contractors 

13 caused by the Interim or Restoration Flows author14 ized in part I of this subtitle, and such quantities 

15 have not already been reduced, avoided, or offset by 

16 other programs or projects. 

17 (2) Federal financial assistance shall only apply 

18 to the portion of a project that the local agency des19 ignates as reducing, avoiding, or offsetting the ex20 pected water supply impacts caused by the Interim 

21 or Restoration Flows authorized in part I of this 

22 subtitle, consistent with the methodology developed 

23 pursuant to paragraph (3)(C). 

24 (3) No Federal financial assistance shall be pro25 vided by the Secretary under this part for construc-
1005 

•S 22 ES

1 tion of a project under subsection (a) unless the Sec2 retary— 

3 (A) determines that appropriate planning, 

4 design, and environmental compliance activities 

5 associated with such a project have been com6 pleted, and that the Secretary has been offered 

7 the opportunity to participate in the project at 

8 a price that is no higher than the local agency’s 

9 own costs, in order to secure necessary storage, 

10 extraction, and conveyance rights for water that 

11 may be needed to meet the Restoration Goal as 

12 described in part I of this subtitle, where such 

13 project has capacity beyond that designated for 

14 the purposes in paragraph (2) or where it is 

15 feasible to expand such project to allow partici16 pation by the Secretary; 

17 (B) determines, based on information 

18 available at the time, that the local agency has 

19 the financial capability and willingness to fund 

20 its share of the project’s construction and all 

21 operation and maintenance costs on an annual 

22 basis; 

23 (C) determines that a method acceptable to 

24 the Secretary has been developed for quanti25 fying the benefit, in terms of reduction, avoid-
1006 

•S 22 ES

1 ance, or offset of the water supply impacts ex2 pected to be caused by the Interim or Restora3 tion Flows authorized in part I of this subtitle, 

4 that will result from the project, and for ensur5 ing appropriate adjustment in the recovered 

6 water account pursuant to section 10004(a)(5); 

7 and 

8 (D) has entered into a cost-sharing agree9 ment with the local agency which commits the 

10 local agency to funding its share of the project’s 

11 construction costs on an annual basis. 

12 (c) GUIDELINES.—Within 1 year from the date of en13 actment of this part, the Secretary shall develop, in con14 sultation with the Friant Division long-term contractors, 

15 proposed guidelines for the application of the criteria de16 fined in subsection (b), and will make the proposed guide17 lines available for public comment. Such guidelines may 

18 consider prioritizing the distribution of available funds to 

19 projects that provide the broadest benefit within the af20 fected area and the equitable allocation of funds. Upon 

21 adoption of such guidelines, the Secretary shall implement 

22 such assistance program, subject to the availability of 

23 funds appropriated for such purpose. 
1007 

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1 (d) COST SHARING.—The Federal financial assist2 ance provided to local agencies under subsection (a) shall 

3 not exceed— 

4 (1) 50 percent of the costs associated with plan5 ning, design, and environmental compliance activities 

6 associated with such a project; and 

7 (2) 50 percent of the costs associated with con8 struction of any such project. 

9 (e) PROJECT OWNERSHIP.— 

10 (1) Title to, control over, and operation of, 

11 projects funded under subsection (a) shall remain in 

12 one or more non-Federal local agencies. Nothing in 

13 this part authorizes the Secretary to operate a 

14 groundwater bank along or adjacent to the San Joa15 quin River upstream of the confluence with the 

16 Merced River, and any such groundwater bank shall 

17 be operated by a non-Federal entity. All projects 

18 funded pursuant to this subsection shall comply with 

19 all applicable Federal and State laws, including pro20 visions of California water law. 

21 (2) All operation, maintenance, and replace22 ment and rehabilitation costs of such projects shall 

23 be the responsibility of the local agency. The Sec24 retary shall not provide funding for any operation, 
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1 maintenance, or replacement and rehabilitation costs 

2 of projects funded under subsection (a). 

3 SEC. 10203. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) The Secretary is authorized and directed to use 

5 monies from the fund established under section 10009 to 

6 carry out the provisions of section 10201(a)(1), in an 

7 amount not to exceed $35,000,000. 

8 (b) In addition to the funds made available pursuant 

9 to subsection (a), the Secretary is also authorized to ex10 pend such additional funds from the fund established 

11 under section 10009 to carry out the purposes of section 

12 10201(a)(2), if such facilities have not already been au13 thorized and funded under the plan provided for pursuant 

14 to section 10004(a)(4), in an amount not to exceed 

15 $17,000,000, provided that the Secretary first determines 

16 that such expenditure will not conflict with or delay his 

17 implementation of actions required by part I of this sub18 title. Notice of the Secretary’s determination shall be pub19 lished not later than his submission of the report to Con20 gress required by section 10009(f)(2). 

21 (c) In addition to funds made available in subsections 

22 (a) and (b), there are authorized to be appropriated 

23 $50,000,000 (October 2008 price levels) to carry out the 

24 purposes of this part which shall be non-reimbursable. 
1009 

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1 Subtitle B—Northwestern New 

2 Mexico Rural Water Projects 

3 SEC. 10301. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Northwestern New 

5 Mexico Rural Water Projects Act’’. 

6 SEC. 10302. DEFINITIONS. 

7 In this subtitle: 

8 (1) AAMODT ADJUDICATION.—The term 

9 ‘‘Aamodt adjudication’’ means the general stream 

10 adjudication that is the subject of the civil action en11 titled ‘‘State of New Mexico, ex rel. State Engineer 

12 and United States of America, Pueblo de Nambe, 

13 Pueblo de Pojoaque, Pueblo de San Ildefonso, and 

14 Pueblo de Tesuque v. R. Lee Aamodt, et al.’’, No. 

15 66 CV 6639 MV/LCS (D.N.M.). 

16 (2) ABEYTA ADJUDICATION.—The term 

17 ‘‘Abeyta adjudication’’ means the general stream ad18 judication that is the subject of the civil actions enti19 tled ‘‘State of New Mexico v. Abeyta and State of 

20 New Mexico v. Arrellano’’, Civil Nos. 7896–BB 

21 (D.N.M) and 7939–BB (D.N.M.) (consolidated). 

22 (3) ACRE-FEET.—The term ‘‘acre-feet’’ means 

23 acre-feet per year. 

24 (4) AGREEMENT.—The term ‘‘Agreement’’ 

25 means the agreement among the State of New Mex-
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•S 22 ES

1 ico, the Nation, and the United States setting forth 

2 a stipulated and binding agreement signed by the 

3 State of New Mexico and the Nation on April 19, 

4 2005. 

5 (5) ALLOTTEE.—The term ‘‘allottee’’ means a 

6 person that holds a beneficial real property interest 

7 in a Navajo allotment that— 

8 (A) is located within the Navajo Reserva9 tion or the State of New Mexico; 

10 (B) is held in trust by the United States; 

11 and 

12 (C) was originally granted to an individual 

13 member of the Nation by public land order or 

14 otherwise. 

15 (6) ANIMAS-LA PLATA PROJECT.—The term 

16 ‘‘Animas-La Plata Project’’ has the meaning given 

17 the term in section 3 of Public Law 100–585 (102 

18 Stat. 2973), including Ridges Basin Dam, Lake 

19 Nighthorse, the Navajo Nation Municipal Pipeline, 

20 and any other features or modifications made pursu21 ant to the Colorado Ute Settlement Act Amend22 ments of 2000 (Public Law 106–554; 114 Stat. 

23 2763A–258). 

24 (7) CITY.—The term ‘‘City’’ means the city of 

25 Gallup, New Mexico, or a designee of the City, with 
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1 authority to provide water to the Gallup, New Mex2 ico service area. 

3 (8) COLORADO RIVER COMPACT.—The term 

4 ‘‘Colorado River Compact’’ means the Colorado 

5 River Compact of 1922 as approved by Congress in 

6 the Act of December 21, 1928 (45 Stat. 1057) and 

7 by the Presidential Proclamation of June 25, 1929 

8 (46 Stat. 3000). 

9 (9) COLORADO RIVER SYSTEM.—The term 

10 ‘‘Colorado River System’’ has the same meaning 

11 given the term in Article II(a) of the Colorado River 

12 Compact. 

13 (10) COMPACT.—The term ‘‘Compact’’ means 

14 the Upper Colorado River Basin Compact as con15 sented to by the Act of April 6, 1949 (63 Stat. 31, 

16 chapter 48). 

17 (11) CONTRACT.—The term ‘‘Contract’’ means 

18 the contract between the United States and the Na19 tion setting forth certain commitments, rights, and 

20 obligations of the United States and the Nation, as 

21 described in paragraph 6.0 of the Agreement. 

22 (12) DEPLETION.—The term ‘‘depletion’’ 

23 means the depletion of the flow of the San Juan 

24 River stream system in the State of New Mexico by 

25 a particular use of water (including any depletion in-
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1 cident to the use) and represents the diversion from 

2 the stream system by the use, less return flows to 

3 the stream system from the use. 

4 (13) DRAFT IMPACT STATEMENT.—The term 

5 ‘‘Draft Impact Statement’’ means the draft environ6 mental impact statement prepared by the Bureau of 

7 Reclamation for the Project dated March 2007. 

8 (14) FUND.—The term ‘‘Fund’’ means the Rec9 lamation Waters Settlements Fund established by 

10 section 10501(a). 

11 (15) HYDROLOGIC DETERMINATION.—The term 

12 ‘‘hydrologic determination’’ means the hydrologic de13 termination entitled ‘‘Water Availability from Nav14 ajo Reservoir and the Upper Colorado River Basin 

15 for Use in New Mexico,’’ prepared by the Bureau of 

16 Reclamation pursuant to section 11 of the Act of 

17 June 13, 1962 (Public Law 87–483; 76 Stat. 99), 

18 and dated May 23, 2007. 

19 (16) LOWER BASIN.—The term ‘‘Lower Basin’’ 

20 has the same meaning given the term in Article 

21 II(g) of the Colorado River Compact. 

22 (17) NATION.—The term ‘‘Nation’’ means the 

23 Navajo Nation, a body politic and federally-recog24 nized Indian nation as provided for in section 101(2) 

25 of the Federally Recognized Indian Tribe List of 
1013 

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1 1994 (25 U.S.C. 497a(2)), also known variously as 

2 the ‘‘Navajo Tribe,’’ the ‘‘Navajo Tribe of Arizona, 

3 New Mexico & Utah,’’ and the ‘‘Navajo Tribe of In4 dians’’ and other similar names, and includes all 

5 bands of Navajo Indians and chapters of the Navajo 

6 Nation. 

7 (18) NAVAJO-GALLUP WATER SUPPLY PROJECT; 

8 PROJECT.—The term ‘‘Navajo-Gallup Water Supply 

9 Project’’ or ‘‘Project’’ means the Navajo-Gallup 

10 Water Supply Project authorized under section 

11 10602(a), as described as the preferred alternative 

12 in the Draft Impact Statement. 

13 (19) NAVAJO INDIAN IRRIGATION PROJECT.— 

14 The term ‘‘Navajo Indian Irrigation Project’’ means 

15 the Navajo Indian irrigation project authorized by 

16 section 2 of Public Law 87–483 (76 Stat. 96). 

17 (20) NAVAJO RESERVOIR.—The term ‘‘Navajo 

18 Reservoir’’ means the reservoir created by the im19 poundment of the San Juan River at Navajo Dam, 

20 as authorized by the Act of April 11, 1956 (com21 monly known as the ‘‘Colorado River Storage 

22 Project Act’’) (43 U.S.C. 620 et seq.). 

23 (21) NAVAJO NATION MUNICIPAL PIPELINE; 

24 PIPELINE.—The term ‘‘Navajo Nation Municipal 

25 Pipeline’’ or ‘‘Pipeline’’ means the pipeline used to 
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1 convey the water of the Animas-La Plata Project of 

2 the Navajo Nation from the City of Farmington, 

3 New Mexico, to communities of the Navajo Nation 

4 located in close proximity to the San Juan River 

5 Valley in the State of New Mexico (including the 

6 City of Shiprock), as authorized by section 15(b) of 

7 the Colorado Ute Indian Water Rights Settlement 

8 Act of 1988 (Public Law 100–585; 102 Stat. 2973; 

9 114 Stat. 2763A–263). 

10 (22) NON-NAVAJO IRRIGATION DISTRICTS.— 

11 The term ‘‘Non-Navajo Irrigation Districts’’ 

12 means— 

13 (A) the Hammond Conservancy District; 

14 (B) the Bloomfield Irrigation District; and 

15 (C) any other community ditch organiza16 tion in the San Juan River basin in the State 

17 of New Mexico. 

18 (23) PARTIAL FINAL DECREE.—The term ‘‘Par19 tial Final Decree’’ means a final and binding judg20 ment and decree entered by a court in the stream 

21 adjudication, setting forth the rights of the Nation 

22 to use and administer waters of the San Juan River 

23 Basin in New Mexico, as set forth in Appendix 1 of 

24 the Agreement. 
1015 

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1 (24) PROJECT PARTICIPANTS.—The term 

2 ‘‘Project Participants’’ means the City, the Nation, 

3 and the Jicarilla Apache Nation. 

4 (25) SAN JUAN RIVER BASIN RECOVERY IMPLE5 MENTATION PROGRAM.—The term ‘‘San Juan River 

6 Basin Recovery Implementation Program’’ means 

7 the intergovernmental program established pursuant 

8 to the cooperative agreement dated October 21, 

9 1992 (including any amendments to the program). 

10 (26) SECRETARY.—The term ‘‘Secretary’’ 

11 means the Secretary of the Interior, acting through 

12 the Commissioner of Reclamation or any other des13 ignee. 

14 (27) STREAM ADJUDICATION.—The term 

15 ‘‘stream adjudication’’ means the general stream ad16 judication that is the subject of New Mexico v. 

17 United States, et al., No. 75–185 (11th Jud. Dist., 

18 San Juan County, New Mexico) (involving claims to 

19 waters of the San Juan River and the tributaries of 

20 that river). 

21 (28) SUPPLEMENTAL PARTIAL FINAL DE22 CREE.—The term ‘‘Supplemental Partial Final De23 cree’’ means a final and binding judgment and de24 cree entered by a court in the stream adjudication, 
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1 setting forth certain water rights of the Nation, as 

2 set forth in Appendix 2 of the Agreement. 

3 (29) TRUST FUND.—The term ‘‘Trust Fund’’ 

4 means the Navajo Nation Water Resources Develop5 ment Trust Fund established by section 10702(a). 

6 (30) UPPER BASIN.—The term ‘‘Upper Basin’’ 

7 has the same meaning given the term in Article II(f) 

8 of the Colorado River Compact. 

9 SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

10 (a) EFFECT OF EXECUTION OF AGREEMENT.—The 

11 execution of the Agreement under section 10701(a)(2) 

12 shall not constitute a major Federal action under the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

14 et seq.). 

15 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

16 carrying out this subtitle, the Secretary shall comply with 

17 each law of the Federal Government relating to the protec18 tion of the environment, including— 

19 (1) the National Environmental Policy Act of 

20 1969 (42 U.S.C. 4321 et seq.); and 

21 (2) the Endangered Species Act of 1973 (16 

22 U.S.C. 1531 et seq.). 

23 SEC. 10304. NO REALLOCATION OF COSTS. 

24 (a) EFFECT OF ACT.—Notwithstanding any other 

25 provision of law, the Secretary shall not reallocate or reas-
1017 

•S 22 ES

1 sign any costs of projects that have been authorized under 

2 the Act of April 11, 1956 (commonly known as the ‘‘Colo3 rado River Storage Project Act’’) (43 U.S.C. 620 et seq.), 

4 as of the date of enactment of this Act because of— 

5 (1) the authorization of the Navajo-Gallup 

6 Water Supply Project under this subtitle; or 

7 (2) the changes in the uses of the water di8 verted by the Navajo Indian Irrigation Project or 

9 the waters stored in the Navajo Reservoir authorized 

10 under this subtitle. 

11 (b) USE OF POWER REVENUES.—Notwithstanding 

12 any other provision of law, no power revenues under the 

13 Act of April 11, 1956 (commonly known as the ‘‘Colorado 

14 River Storage Project Act’’) (43 U.S.C. 620 et seq.), shall 

15 be used to pay or reimburse any costs of the Navajo In16 dian Irrigation Project or Navajo-Gallup Water Supply 

17 Project. 

18 SEC. 10305. INTEREST RATE. 

19 Notwithstanding any other provision of law, the inter20 est rate applicable to any repayment contract entered into 

21 under section 10604 shall be equal to the discount rate 

22 for Federal water resources planning, as determined by 

23 the Secretary. 
1018 

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1 PART I—AMENDMENTS TO THE COLORADO 

2 RIVER STORAGE PROJECT ACT AND PUBLIC 

3 LAW 87–483 

4 SEC. 10401. AMENDMENTS TO THE COLORADO RIVER STOR5 AGE PROJECT ACT. 

6 (a) PARTICIPATING PROJECTS.—Paragraph (2) of 

7 the first section of the Act of April 11, 1956 (commonly 

8 known as the ‘‘Colorado River Storage Project Act’’) (43 

9 U.S.C. 620(2)) is amended by inserting ‘‘the Navajo-Gal10 lup Water Supply Project,’’ after ‘‘Fruitland Mesa,’’. 

11 (b) NAVAJO RESERVOIR WATER BANK.—The Act of 

12 April 11, 1956 (commonly known as the ‘‘Colorado River 

13 Storage Project Act’’) is amended— 

14 (1) by redesignating section 16 (43 U.S.C. 

15 620o) as section 17; and 

16 (2) by inserting after section 15 (43 U.S.C. 

17 620n) the following: 

18 ‘‘SEC. 16. (a) The Secretary of the Interior may cre19 ate and operate within the available capacity of Navajo 

20 Reservoir a top water bank. 

21 ‘‘(b) Water made available for the top water bank in 

22 accordance with subsections (c) and (d) shall not be sub23 ject to section 11 of Public Law 87–483 (76 Stat. 99). 

24 ‘‘(c) The top water bank authorized under subsection 

25 (a) shall be operated in a manner that— 
1019 

•S 22 ES

1 ‘‘(1) is consistent with applicable law, except 

2 that, notwithstanding any other provision of law, 

3 water for purposes other than irrigation may be 

4 stored in the Navajo Reservoir pursuant to the rules 

5 governing the top water bank established under this 

6 section; and 

7 ‘‘(2) does not impair the ability of the Secretary 

8 of the Interior to deliver water under contracts en9 tered into under— 

10 ‘‘(A) Public Law 87–483 (76 Stat. 96); 

11 and 

12 ‘‘(B) New Mexico State Engineer File Nos. 

13 2847, 2848, 2849, and 2917. 

14 ‘‘(d)(1) The Secretary of the Interior, in cooperation 

15 with the State of New Mexico (acting through the Inter16 state Stream Commission), shall develop any terms and 

17 procedures for the storage, accounting, and release of 

18 water in the top water bank that are necessary to comply 

19 with subsection (c). 

20 ‘‘(2) The terms and procedures developed under para21 graph (1) shall include provisions requiring that— 

22 ‘‘(A) the storage of banked water shall be sub23 ject to approval under State law by the New Mexico 

24 State Engineer to ensure that impairment of any ex25 isting water right does not occur, including storage 
1020 

•S 22 ES

1 of water under New Mexico State Engineer File No. 

2 2849; 

3 ‘‘(B) water in the top water bank be subject to 

4 evaporation and other losses during storage; 

5 ‘‘(C) water in the top water bank be released 

6 for delivery to the owner or assigns of the banked 

7 water on request of the owner, subject to reasonable 

8 scheduling requirements for making the release; 

9 ‘‘(D) water in the top water bank be the first 

10 water spilled or released for flood control purposes 

11 in anticipation of a spill, on the condition that top 

12 water bank water shall not be released or included 

13 for purposes of calculating whether a release should 

14 occur for purposes of satisfying the flow rec15 ommendations of the San Juan River Basin Recov16 ery Implementation Program; and 

17 ‘‘(E) water eligible for banking in the top water 

18 bank shall be water that otherwise would have been 

19 diverted and beneficially used in New Mexico that 

20 year. 

21 ‘‘(e) The Secretary of the Interior may charge fees 

22 to water users that use the top water bank in amounts 

23 sufficient to cover the costs incurred by the United States 

24 in administering the water bank.’’. 
1021 

•S 22 ES

1 SEC. 10402. AMENDMENTS TO PUBLIC LAW 87–483. 

2 (a) NAVAJO INDIAN IRRIGATION PROJECT.—Public 

3 Law 87–483 (76 Stat. 96) is amended by striking section 

4 2 and inserting the following: 

5 ‘‘SEC. 2. (a) In accordance with the Act of April 11, 

6 1956 (commonly known as the ‘Colorado River Storage 

7 Project Act’) (43 U.S.C. 620 et seq.), the Secretary of 

8 the Interior is authorized to construct, operate, and main9 tain the Navajo Indian Irrigation Project to provide irriga10 tion water to a service area of not more than 110,630 

11 acres of land. 

12 ‘‘(b)(1) Subject to paragraph (2), the average annual 

13 diversion by the Navajo Indian Irrigation Project from the 

14 Navajo Reservoir over any consecutive 10-year period shall 

15 be the lesser of— 

16 ‘‘(A) 508,000 acre-feet per year; or 

17 ‘‘(B) the quantity of water necessary to supply 

18 an average depletion of 270,000 acre-feet per year. 

19 ‘‘(2) The quantity of water diverted for any 1 year 

20 shall not exceed the average annual diversion determined 

21 under paragraph (1) by more than 15 percent. 

22 ‘‘(c) In addition to being used for irrigation, the 

23 water diverted by the Navajo Indian Irrigation Project 

24 under subsection (b) may be used within the area served 

25 by Navajo Indian Irrigation Project facilities for the fol26 lowing purposes: 
1022 

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1 ‘‘(1) Aquaculture purposes, including the 

2 rearing of fish in support of the San Juan River 

3 Basin Recovery Implementation Program authorized 

4 by Public Law 106–392 (114 Stat. 1602). 

5 ‘‘(2) Domestic, industrial, or commercial pur6 poses relating to agricultural production and proc7 essing. 

8 ‘‘(3)(A) The generation of hydroelectric power 

9 as an incident to the diversion of water by the Nav10 ajo Indian Irrigation Project for authorized pur11 poses. 

12 ‘‘(B) Notwithstanding any other provision of 

13 law— 

14 ‘‘(i) any hydroelectric power generated 

15 under this paragraph shall be used or marketed 

16 by the Navajo Nation; 

17 ‘‘(ii) the Navajo Nation shall retain any 

18 revenues from the sale of the hydroelectric 

19 power; and 

20 ‘‘(iii) the United States shall have no trust 

21 obligation to monitor, administer, or account 

22 for the revenues received by the Navajo Nation, 

23 or the expenditure of the revenues. 

24 ‘‘(4) The implementation of the alternate water 

25 source provisions described in subparagraph 9.2 of 
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1 the agreement executed under section 10701(a)(2) 

2 of the Northwestern New Mexico Rural Water 

3 Projects Act. 

4 ‘‘(d) The Navajo Indian Irrigation Project water di5 verted under subsection (b) may be transferred to areas 

6 located within or outside the area served by Navajo Indian 

7 Irrigation Project facilities, and within or outside the 

8 boundaries of the Navajo Nation, for any beneficial use 

9 in accordance with— 

10 ‘‘(1) the agreement executed under section 

11 10701(a)(2) of the Northwestern New Mexico Rural 

12 Water Projects Act; 

13 ‘‘(2) the contract executed under section 

14 10604(a)(2)(B) of that Act; and 

15 ‘‘(3) any other applicable law. 

16 ‘‘(e) The Secretary may use the capacity of the Nav17 ajo Indian Irrigation Project works to convey water sup18 plies for— 

19 ‘‘(1) the Navajo-Gallup Water Supply Project 

20 under section 10602 of the Northwestern New Mex21 ico Rural Water Projects Act; or 

22 ‘‘(2) other nonirrigation purposes authorized 

23 under subsection (c) or (d). 

24 ‘‘(f)(1) Repayment of the costs of construction of the 

25 project (as authorized in subsection (a)) shall be in accord-
1024 

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1 ance with the Act of April 11, 1956 (commonly known 

2 as the ‘Colorado River Storage Project Act’) (43 U.S.C. 

3 620 et seq.), including section 4(d) of that Act. 

4 ‘‘(2) The Secretary shall not reallocate, or require re5 payment of, construction costs of the Navajo Indian Irri6 gation Project because of the conveyance of water supplies 

7 for nonirrigation purposes under subsection (e).’’. 

8 (b) RUNOFF ABOVE NAVAJO DAM.—Section 11 of 

9 Public Law 87–483 (76 Stat. 100) is amended by adding 

10 at the end the following: 

11 ‘‘(d)(1) For purposes of implementing in a year of 

12 prospective shortage the water allocation procedures es13 tablished by subsection (a), the Secretary of the Interior 

14 shall determine the quantity of any shortages and the ap15 propriate apportionment of water using the normal diver16 sion requirements on the flow of the San Juan River origi17 nating above Navajo Dam based on the following criteria: 

18 ‘‘(A) The quantity of diversion or water delivery 

19 for the current year anticipated to be necessary to 

20 irrigate land in accordance with cropping plans pre21 pared by contractors. 

22 ‘‘(B) The annual diversion or water delivery de23 mands for the current year anticipated for non-irri24 gation uses under water delivery contracts, including 

25 contracts authorized by the Northwestern New Mex-
1025 

•S 22 ES

1 ico Rural Water Projects Act, but excluding any cur2 rent demand for surface water for placement into 

3 aquifer storage for future recovery and use. 

4 ‘‘(C) An annual normal diversion demand of 

5 135,000 acre-feet for the initial stage of the San 

6 Juan-Chama Project authorized by section 8, which 

7 shall be the amount to which any shortage is ap8 plied. 

9 ‘‘(2) The Secretary shall not include in the normal 

10 diversion requirements— 

11 ‘‘(A) the quantity of water that reliably can be 

12 anticipated to be diverted or delivered under a con13 tract from inflows to the San Juan River arising 

14 below Navajo Dam under New Mexico State Engi15 neer File No. 3215; or 

16 ‘‘(B) the quantity of water anticipated to be 

17 supplied through reuse. 

18 ‘‘(e)(1) If the Secretary determines that there is a 

19 shortage of water under subsection (a), the Secretary shall 

20 respond to the shortage in the Navajo Reservoir water 

21 supply by curtailing releases and deliveries in the following 

22 order: 

23 ‘‘(A) The demand for delivery for uses in the 

24 State of Arizona under the Navajo-Gallup Water 

25 Supply Project authorized by section 10603 of the 
1026 

•S 22 ES

1 Northwestern New Mexico Rural Water Projects 

2 Act, excluding the quantity of water anticipated to 

3 be diverted for the uses from inflows to the San 

4 Juan River that arise below Navajo Dam in accord5 ance with New Mexico State Engineer File No. 

6 3215. 

7 ‘‘(B) The demand for delivery for uses allocated 

8 under paragraph 8.2 of the agreement executed 

9 under section 10701(a)(2) of the Northwestern New 

10 Mexico Rural Water Projects Act, excluding the 

11 quantity of water anticipated to be diverted for such 

12 uses under State Engineer File No. 3215. 

13 ‘‘(C) The uses in the State of New Mexico that 

14 are determined under subsection (d), in accordance 

15 with the procedure for apportioning the water supply 

16 under subsection (a). 

17 ‘‘(2) For any year for which the Secretary determines 

18 and responds to a shortage in the Navajo Reservoir water 

19 supply, the Secretary shall not deliver, and contractors of 

20 the water supply shall not divert, any of the water supply 

21 for placement into aquifer storage for future recovery and 

22 use. 

23 ‘‘(3) To determine the occurrence and amount of any 

24 shortage to contracts entered into under this section, the 

25 Secretary shall not include as available storage any water 
1027 

•S 22 ES

1 stored in a top water bank in Navajo Reservoir established 

2 under section 16(a) of the Act of April 11, 1956 (com3 monly known as the ‘Colorado River Storage Project Act’). 

4 ‘‘(f) The Secretary of the Interior shall apportion 

5 water under subsections (a), (d), and (e) on an annual 

6 volume basis. 

7 ‘‘(g) The Secretary of the Interior may revise a deter8 mination of shortages, apportionments, or allocations of 

9 water under subsections (a), (d), and (e) on the basis of 

10 information relating to water supply conditions that was 

11 not available at the time at which the determination was 

12 made. 

13 ‘‘(h) Nothing in this section prohibits the distribution 

14 of water in accordance with cooperative water agreements 

15 between water users providing for a sharing of water sup16 plies. 

17 ‘‘(i) Diversions under New Mexico State Engineer 

18 File No. 3215 shall be distributed, to the maximum extent 

19 water is available, in proportionate amounts to the diver20 sion demands of contractors and subcontractors of the 

21 Navajo Reservoir water supply that are diverting water 

22 below Navajo Dam.’’. 
1028 

•S 22 ES

1 SEC. 10403. EFFECT ON FEDERAL WATER LAW. 

2 Unless expressly provided in this subtitle, nothing in 

3 this subtitle modifies, conflicts with, preempts, or other4 wise affects— 

5 (1) the Boulder Canyon Project Act (43 U.S.C. 

6 617 et seq.); 

7 (2) the Boulder Canyon Project Adjustment Act 

8 (54 Stat. 774, chapter 643); 

9 (3) the Act of April 11, 1956 (commonly known 

10 as the ‘‘Colorado River Storage Project Act’’) (43 

11 U.S.C. 620 et seq.); 

12 (4) the Act of September 30, 1968 (commonly 

13 known as the ‘‘Colorado River Basin Project Act’’) 

14 (82 Stat. 885); 

15 (5) Public Law 87–483 (76 Stat. 96); 

16 (6) the Treaty between the United States of 

17 America and Mexico respecting utilization of waters 

18 of the Colorado and Tijuana Rivers and of the Rio 

19 Grande, signed at Washington February 3, 1944 (59 

20 Stat. 1219); 

21 (7) the Colorado River Compact of 1922, as ap22 proved by the Presidential Proclamation of June 25, 

23 1929 (46 Stat. 3000); 

24 (8) the Compact; 

25 (9) the Act of April 6, 1949 (63 Stat. 31, chap26 ter 48); 
1029 

•S 22 ES

1 (10) the Jicarilla Apache Tribe Water Rights 

2 Settlement Act (106 Stat. 2237); or 

3 (11) section 205 of the Energy and Water De4 velopment Appropriations Act, 2005 (118 Stat. 

5 2949). 

6 PART II—RECLAMATION WATER SETTLEMENTS 

7 FUND 

8 SEC. 10501. RECLAMATION WATER SETTLEMENTS FUND. 

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

10 Treasury of the United States a fund, to be known as the 

11 ‘‘Reclamation Water Settlements Fund’’, consisting of— 

12 (1) such amounts as are deposited to the Fund 

13 under subsection (b); and 

14 (2) any interest earned on investment of 

15 amounts in the Fund under subsection (d). 

16 (b) DEPOSITS TO FUND.— 

17 (1) IN GENERAL.—For each of fiscal years 

18 2020 through 2029, the Secretary of the Treasury 

19 shall deposit in the Fund, if available, $120,000,000 

20 of the revenues that would otherwise be deposited 

21 for the fiscal year in the fund established by the 

22 first section of the Act of June 17, 1902 (32 Stat. 

23 388, chapter 1093). 
1030 

•S 22 ES

1 (2) AVAILABILITY OF AMOUNTS.—Amounts de2 posited in the Fund under paragraph (1) shall be 

3 made available pursuant to this section— 

4 (A) without further appropriation; and 

5 (B) in addition to amounts appropriated 

6 pursuant to any authorization contained in any 

7 other provision of law. 

8 (c) EXPENDITURES FROM FUND.— 

9 (1) IN GENERAL.— 

10 (A) EXPENDITURES.—Subject to subpara11 graph (B), for each of fiscal years 2020 

12 through 2034, the Secretary may expend from 

13 the Fund an amount not to exceed 

14 $120,000,000, plus the interest accrued in the 

15 Fund, for the fiscal year in which expenditures 

16 are made pursuant to paragraphs (2) and (3). 

17 (B) ADDITIONAL EXPENDITURES.—The 

18 Secretary may expend more than $120,000,000 

19 for any fiscal year if such amounts are available 

20 in the Fund due to expenditures not reaching 

21 $120,000,000 for prior fiscal years. 

22 (2) AUTHORITY.—The Secretary may expend 

23 money from the Fund to implement a settlement 

24 agreement approved by Congress that resolves, in 

25 whole or in part, litigation involving the United 
1031 

•S 22 ES

1 States, if the settlement agreement or implementing 

2 legislation requires the Bureau of Reclamation to 

3 provide financial assistance for, or plan, design, and 

4 construct— 

5 (A) water supply infrastructure; or 

6 (B) a project— 

7 (i) to rehabilitate a water delivery sys8 tem to conserve water; or 

9 (ii) to restore fish and wildlife habitat 

10 or otherwise improve environmental condi11 tions associated with or affected by, or lo12 cated within the same river basin as, a 

13 Federal reclamation project that is in ex14 istence on the date of enactment of this 

15 Act. 

16 (3) USE FOR COMPLETION OF PROJECT AND

17 OTHER SETTLEMENTS.— 

18 (A) PRIORITIES.— 

19 (i) FIRST PRIORITY.— 

20 (I) IN GENERAL.—The first pri21 ority for expenditure of amounts in 

22 the Fund during the entire period in 

23 which the Fund is in existence shall 

24 be for the purposes described in, and 
1032 

•S 22 ES

1 in the order of, clauses (i) through 

2 (iv) of subparagraph (B). 

3 (II) RESERVED AMOUNTS.—The 

4 Secretary shall reserve and use 

5 amounts deposited into the Fund in 

6 accordance with subclause (I). 

7 (ii) OTHER PURPOSES.—Any amounts 

8 in the Fund that are not needed for the 

9 purposes described in subparagraph (B) 

10 may be used for other purposes authorized 

11 in paragraph (2). 

12 (B) COMPLETION OF PROJECT.— 

13 (i) NAVAJO-GALLUP WATER SUPPLY

14 PROJECT.— 

15 (I) IN GENERAL.—Subject to 

16 subclause (II), effective beginning 

17 January 1, 2020, if, in the judgment 

18 of the Secretary on an annual basis 

19 the deadline described in section 

20 10701(f)(1)(A)(ix) is unlikely to be 

21 met because a sufficient amount of 

22 funding is not otherwise available 

23 through appropriations made available 

24 pursuant to section 10609(a), the 

25 Secretary shall expend from the Fund 
1033 

•S 22 ES

1 such amounts on an annual basis con2 sistent with paragraphs (1) and (2), 

3 as are necessary to pay the Federal 

4 share of the costs, and substantially 

5 complete as expeditiously as prac6 ticable, the construction of the water 

7 supply infrastructure authorized as 

8 part of the Project. 

9 (II) MAXIMUM AMOUNT.— 

10 (aa) IN GENERAL.—Except 

11 as provided under item (bb), the 

12 amount expended under sub13 clause (I) shall not exceed 

14 $500,000,000 for the period of 

15 fiscal years 2020 through 2029. 

16 (bb) EXCEPTION.—The limi17 tation on the expenditure amount 

18 under item (aa) may be exceeded 

19 during the entire period in which 

20 the Fund is in existence if such 

21 additional funds can be expended 

22 without limiting the amounts 

23 identified in clauses (ii) through 

24 (iv). 
1034 

•S 22 ES

1 (ii) OTHER NEW MEXICO SETTLE2 MENTS.— 

3 (I) IN GENERAL.—Subject to 

4 subclause (II), effective beginning 

5 January 1, 2020, in addition to the 

6 funding made available under clause 

7 (i), if in the judgment of the Sec8 retary on an annual basis a sufficient 

9 amount of funding is not otherwise 

10 available through annual appropria11 tions, the Secretary shall expend from 

12 the Fund such amounts on an annual 

13 basis consistent with paragraphs (1) 

14 and (2), as are necessary to pay the 

15 Federal share of the remaining costs 

16 of implementing the Indian water 

17 rights settlement agreements entered 

18 into by the State of New Mexico in 

19 the Aamodt adjudication and the 

20 Abeyta adjudication, if such settle21 ments are subsequently approved and 

22 authorized by an Act of Congress and 

23 the implementation period has not al24 ready expired. 
1035 

•S 22 ES

1 (II) MAXIMUM AMOUNT.—The 

2 amount expended under subclause (I) 

3 shall not exceed $250,000,000. 

4 (iii) MONTANA SETTLEMENTS.— 

5 (I) IN GENERAL.—Subject to 

6 subclause (II), effective beginning 

7 January 1, 2020, in addition to fund8 ing made available pursuant to 

9 clauses (i) and (ii), if in the judgment 

10 of the Secretary on an annual basis a 

11 sufficient amount of funding is not 

12 otherwise available through annual 

13 appropriations, the Secretary shall ex14 pend from the Fund such amounts on 

15 an annual basis consistent with para16 graphs (1) and (2), as are necessary 

17 to pay the Federal share of the re18 maining costs of implementing Indian 

19 water rights settlement agreements 

20 entered into by the State of Montana 

21 with the Blackfeet Tribe, the Crow 

22 Tribe, or the Gros Ventre and Assini23 boine Tribes of the Fort Belknap In24 dian Reservation in the judicial pro25 ceeding entitled ‘‘In re the General 
1036 

•S 22 ES

1 Adjudication of All the Rights to Use 

2 Surface and Groundwater in the State 

3 of Montana’’, if a settlement or settle4 ments are subsequently approved and 

5 authorized by an Act of Congress and 

6 the implementation period has not al7 ready expired. 

8 (II) MAXIMUM AMOUNT.— 

9 (aa) IN GENERAL.—Except 

10 as provided under item (bb), the 

11 amount expended under sub12 clause (I) shall not exceed 

13 $350,000,000 for the period of 

14 fiscal years 2020 through 2029. 

15 (bb) EXCEPTION.—The limi16 tation on the expenditure amount 

17 under item (aa) may be exceeded 

18 during the entire period in which 

19 the Fund is in existence if such 

20 additional funds can be expended 

21 without limiting the amounts 

22 identified in clause (i), (ii), and 

23 (iv). 

24 (cc) OTHER FUNDING.—The 

25 Secretary shall ensure that any 
1037 

•S 22 ES

1 funding under this clause shall be 

2 provided in a manner that does 

3 not limit the funding available 

4 pursuant to clauses (i) and (ii). 

5 (iv) ARIZONA SETTLEMENT.— 

6 (I) IN GENERAL.—Subject to 

7 subclause (II), effective beginning 

8 January 1, 2020, in addition to fund9 ing made available pursuant to 

10 clauses (i), (ii), and (iii), if in the 

11 judgment of the Secretary on an an12 nual basis a sufficient amount of 

13 funding is not otherwise available 

14 through annual appropriations, the 

15 Secretary shall expend from the Fund 

16 such amounts on an annual basis con17 sistent with paragraphs (1) and (2), 

18 as are necessary to pay the Federal 

19 share of the remaining costs of imple20 menting an Indian water rights settle21 ment agreement entered into by the 

22 State of Arizona with the Navajo Na23 tion to resolve the water rights claims 

24 of the Nation in the Lower Colorado 

25 River basin in Arizona, if a settlement 
1038 

•S 22 ES

1 is subsequently approved and author2 ized by an Act of Congress and the 

3 implementation period has not already 

4 expired. 

5 (II) MAXIMUM AMOUNT.— 

6 (aa) IN GENERAL.—Except 

7 as provided under item (bb), the 

8 amount expended under sub9 clause (I) shall not exceed 

10 $100,000,000 for the period of 

11 fiscal years 2020 through 2029. 

12 (bb) EXCEPTION.—The limi13 tation on the expenditure amount 

14 under item (aa) may be exceeded 

15 during the entire period in which 

16 the Fund is in existence if such 

17 additional funds can be expended 

18 without limiting the amounts 

19 identified in clauses (i) through 

20 (iii). 

21 (cc) OTHER FUNDING.—The 

22 Secretary shall ensure that any 

23 funding under this clause shall be 

24 provided in a manner that does 
1039 

•S 22 ES

1 not limit the funding available 

2 pursuant to clauses (i) and (ii). 

3 (C) REVERSION.—If the settlements de4 scribed in clauses (ii) through (iv) of subpara5 graph (B) have not been approved and author6 ized by an Act of Congress by December 31, 

7 2019, the amounts reserved for the settlements 

8 shall no longer be reserved by the Secretary 

9 pursuant to subparagraph (A)(i) and shall re10 vert to the Fund for any authorized use, as de11 termined by the Secretary. 

12 (d) INVESTMENT OF AMOUNTS.— 

13 (1) IN GENERAL.—The Secretary shall invest 

14 such portion of the Fund as is not, in the judgment 

15 of the Secretary, required to meet current with16 drawals. 

17 (2) CREDITS TO FUND.—The interest on, and 

18 the proceeds from the sale or redemption of, any ob19 ligations held in the Fund shall be credited to, and 

20 form a part of, the Fund. 

21 (e) TRANSFERS OF AMOUNTS.— 

22 (1) IN GENERAL.—The amounts required to be 

23 transferred to the Fund under this section shall be 

24 transferred at least monthly from the general fund 
1040 

•S 22 ES

1 of the Treasury to the Fund on the basis of esti2 mates made by the Secretary of the Treasury. 

3 (2) ADJUSTMENTS.—Proper adjustment shall 

4 be made in amounts subsequently transferred to the 

5 extent prior estimates were in excess of or less than 

6 the amounts required to be transferred. 

7 (f) TERMINATION.—On September 30, 2034— 

8 (1) the Fund shall terminate; and 

9 (2) the unexpended and unobligated balance of 

10 the Fund shall be transferred to the appropriate 

11 fund of the Treasury. 

12 PART III—NAVAJO-GALLUP WATER SUPPLY 

13 PROJECT 

14 SEC. 10601. PURPOSES. 

15 The purposes of this part are— 

16 (1) to authorize the Secretary to construct, op17 erate, and maintain the Navajo-Gallup Water Supply 

18 Project; 

19 (2) to allocate the capacity of the Project 

20 among the Nation, the City, and the Jicarilla 

21 Apache Nation; and 

22 (3) to authorize the Secretary to enter into 

23 Project repayment contracts with the City and the 

24 Jicarilla Apache Nation. 
1041 

•S 22 ES

1 SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER 

2 SUPPLY PROJECT. 

3 (a) IN GENERAL.—The Secretary, acting through the 

4 Commissioner of Reclamation, is authorized to design, 

5 construct, operate, and maintain the Project in substantial 

6 accordance with the preferred alternative in the Draft Im7 pact Statement. 

8 (b) PROJECT FACILITIES.—To provide for the deliv9 ery of San Juan River water to Project Participants, the 

10 Secretary may construct, operate, and maintain the 

11 Project facilities described in the preferred alternative in 

12 the Draft Impact Statement, including: 

13 (1) A pumping plant on the San Juan River in 

14 the vicinity of Kirtland, New Mexico. 

15 (2)(A) A main pipeline from the San Juan 

16 River near Kirtland, New Mexico, to Shiprock, New 

17 Mexico, and Gallup, New Mexico, which follows 

18 United States Highway 491. 

19 (B) Any pumping plants associated with the 

20 pipeline authorized under subparagraph (A). 

21 (3)(A) A main pipeline from Cutter Reservoir 

22 to Ojo Encino, New Mexico, which follows United 

23 States Highway 550. 

24 (B) Any pumping plants associated with the 

25 pipeline authorized under subparagraph (A). 
1042 

•S 22 ES

1 (4)(A) Lateral pipelines from the main pipelines 

2 to Nation communities in the States of New Mexico 

3 and Arizona. 

4 (B) Any pumping plants associated with the 

5 pipelines authorized under subparagraph (A). 

6 (5) Any water regulation, storage or treatment 

7 facility, service connection to an existing public 

8 water supply system, power substation, power dis9 tribution works, or other appurtenant works (includ10 ing a building or access road) that is related to the 

11 Project facilities authorized by paragraphs (1) 

12 through (4), including power transmission facilities 

13 and associated wheeling services to connect Project 

14 facilities to existing high-voltage transmission facili15 ties and deliver power to the Project. 

16 (c) ACQUISITION OF LAND.— 

17 (1) IN GENERAL.—The Secretary is authorized 

18 to acquire any land or interest in land that is nec19 essary to construct, operate, and maintain the 

20 Project facilities authorized under subsection (b). 

21 (2) LAND OF THE PROJECT PARTICIPANTS.—As 

22 a condition of construction of the facilities author23 ized under this part, the Project Participants shall 

24 provide all land or interest in land, as appropriate, 

25 that the Secretary identifies as necessary for acquisi-
1043 

•S 22 ES

1 tion under this subsection at no cost to the Sec2 retary. 

3 (3) LIMITATION.—The Secretary may not con4 demn water rights for purposes of the Project. 

5 (d) CONDITIONS.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the Secretary shall not commence con8 struction of the facilities authorized under sub9 section (b) until such time as— 

10 (A) the Secretary executes the Agreement 

11 and the Contract; 

12 (B) the contracts authorized under section 

13 10604 are executed; 

14 (C) the Secretary— 

15 (i) completes an environmental impact 

16 statement for the Project; and 

17 (ii) has issued a record of decision 

18 that provides for a preferred alternative; 

19 and 

20 (D) the Secretary has entered into an 

21 agreement with the State of New Mexico under 

22 which the State of New Mexico will provide a 

23 share of the construction costs of the Project of 

24 not less than $50,000,000, except that the 

25 State of New Mexico shall receive credit for 
1044 

•S 22 ES

1 funds the State has contributed to construct 

2 water conveyance facilities to the Project Par3 ticipants to the extent that the facilities reduce 

4 the cost of the Project as estimated in the 

5 Draft Impact Statement. 

6 (2) EXCEPTION.—If the Jicarilla Apache Na7 tion elects not to enter into a contract pursuant to 

8 section 10604, the Secretary, after consulting with 

9 the Nation, the City, and the State of New Mexico 

10 acting through the Interstate Stream Commission, 

11 may make appropriate modifications to the scope of 

12 the Project and proceed with Project construction if 

13 all other conditions for construction have been satis14 fied. 

15 (3) EFFECT OF INDIAN SELF-DETERMINATION

16 AND EDUCATION ASSISTANCE ACT.—The Indian 

17 Self-Determination and Education Assistance Act 

18 (25 U.S.C. 450 et seq.) shall not apply to the de19 sign, construction, operation, maintenance, or re20 placement of the Project. 

21 (e) POWER.—The Secretary shall reserve, from exist22 ing reservations of Colorado River Storage Project power 

23 for Bureau of Reclamation projects, up to 26 megawatts 

24 of power for use by the Project. 
1045 

•S 22 ES

1 (f) CONVEYANCE OF TITLE TO PROJECT FACILI2 TIES.— 

3 (1) IN GENERAL.—The Secretary is authorized 

4 to enter into separate agreements with the City and 

5 the Nation and, on entering into the agreements, 

6 shall convey title to each Project facility or section 

7 of a Project facility authorized under subsection (b) 

8 (including any appropriate interests in land) to the 

9 City and the Nation after— 

10 (A) completion of construction of a Project 

11 facility or a section of a Project facility that is 

12 operating and delivering water; and 

13 (B) execution of a Project operations 

14 agreement approved by the Secretary and the 

15 Project Participants that sets forth— 

16 (i) any terms and conditions that the 

17 Secretary determines are necessary— 

18 (I) to ensure the continuation of 

19 the intended benefits of the Project; 

20 and 

21 (II) to fulfill the purposes of this 

22 part; 

23 (ii) requirements acceptable to the 

24 Secretary and the Project Participants 

25 for— 
1046 

•S 22 ES

1 (I) the distribution of water 

2 under the Project or section of a 

3 Project facility; and 

4 (II) the allocation and payment 

5 of annual operation, maintenance, and 

6 replacement costs of the Project or 

7 section of a Project facility based on 

8 the proportionate uses of Project fa9 cilities; and 

10 (iii) conditions and requirements ac11 ceptable to the Secretary and the Project 

12 Participants for operating and maintaining 

13 each Project facility on completion of the 

14 conveyance of title, including the require15 ment that the City and the Nation shall— 

16 (I) comply with— 

17 (aa) the Compact; and 

18 (bb) other applicable law; 

19 and 

20 (II) be responsible for— 

21 (aa) the operation, mainte22 nance, and replacement of each 

23 Project facility; and 

24 (bb) the accounting and 

25 management of water conveyance 
1047 

•S 22 ES

1 and Project finances, as nec2 essary to administer and fulfill 

3 the conditions of the Contract ex4 ecuted under section 

5 10604(a)(2)(B). 

6 (2) EFFECT OF CONVEYANCE.—The conveyance 

7 of title to each Project facility shall not affect the 

8 application of the Endangered Species Act of 1973 

9 (16 U.S.C. 1531 et seq.) relating to the use of the 

10 water associated with the Project. 

11 (3) LIABILITY.— 

12 (A) IN GENERAL.—Effective on the date of 

13 the conveyance authorized by this subsection, 

14 the United States shall not be held liable by 

15 any court for damages of any kind arising out 

16 of any act, omission, or occurrence relating to 

17 the land, buildings, or facilities conveyed under 

18 this subsection, other than damages caused by 

19 acts of negligence committed by the United 

20 States, or by employees or agents of the United 

21 States, prior to the date of conveyance. 

22 (B) TORT CLAIMS.—Nothing in this sec23 tion increases the liability of the United States 

24 beyond the liability provided in chapter 171 of 
1048 

•S 22 ES

1 title 28, United States Code (commonly known 

2 as the ‘‘Federal Tort Claims Act’’). 

3 (4) NOTICE OF PROPOSED CONVEYANCE.—Not 

4 later than 45 days before the date of a proposed 

5 conveyance of title to any Project facility, the Sec6 retary shall submit to the Committee on Resources 

7 of the House of Representatives and to the Com8 mittee on Energy and Natural Resources of the Sen9 ate notice of the conveyance of each Project facility. 

10 (g) COLORADO RIVER STORAGE PROJECT POWER.— 

11 The conveyance of Project facilities under subsection (f) 

12 shall not affect the availability of Colorado River Storage 

13 Project power to the Project under subsection (e). 

14 (h) REGIONAL USE OF PROJECT FACILITIES.— 

15 (1) IN GENERAL.—Subject to paragraph (2), 

16 Project facilities constructed under subsection (b) 

17 may be used to treat and convey non-Project water 

18 or water that is not allocated by subsection 

19 10603(b) if— 

20 (A) capacity is available without impairing 

21 any water delivery to a Project Participant; and 

22 (B) the unallocated or non-Project water 

23 beneficiary— 

24 (i) has the right to use the water; 
1049 

•S 22 ES

1 (ii) agrees to pay the operation, main2 tenance, and replacement costs assignable 

3 to the beneficiary for the use of the Project 

4 facilities; and 

5 (iii) agrees to pay an appropriate fee 

6 that may be established by the Secretary 

7 to assist in the recovery of any capital cost 

8 allocable to that use. 

9 (2) EFFECT OF PAYMENTS.—Any payments to 

10 the United States or the Nation for the use of un11 used capacity under this subsection or for water 

12 under any subcontract with the Nation or the 

13 Jicarilla Apache Nation shall not alter the construc14 tion repayment requirements or the operation, main15 tenance, and replacement payment requirements of 

16 the Project Participants. 

17 SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER 

18 SUPPLY PROJECT WATER. 

19 (a) USE OF PROJECT WATER.— 

20 (1) IN GENERAL.—In accordance with this sub21 title and other applicable law, water supply from the 

22 Project shall be used for municipal, industrial, com23 mercial, domestic, and stock watering purposes. 

24 (2) USE ON CERTAIN LAND.— 
1050 

•S 22 ES

1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Nation may use Project water 

3 allocations on— 

4 (i) land held by the United States in 

5 trust for the Nation and members of the 

6 Nation; and 

7 (ii) land held in fee by the Nation. 

8 (B) TRANSFER.—The Nation may transfer 

9 the purposes and places of use of the allocated 

10 water in accordance with the Agreement and 

11 applicable law. 

12 (3) HYDROELECTRIC POWER.— 

13 (A) IN GENERAL.—Hydroelectric power 

14 may be generated as an incident to the delivery 

15 of Project water for authorized purposes under 

16 paragraph (1). 

17 (B) ADMINISTRATION.—Notwithstanding 

18 any other provision of law— 

19 (i) any hydroelectric power generated 

20 under this paragraph shall be used or mar21 keted by the Nation; 

22 (ii) the Nation shall retain any reve23 nues from the sale of the hydroelectric 

24 power; and 
1051 

•S 22 ES

1 (iii) the United States shall have no 

2 trust obligation or other obligation to mon3 itor, administer, or account for the reve4 nues received by the Nation, or the ex5 penditure of the revenues. 

6 (4) STORAGE.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), any water contracted for delivery 

9 under paragraph (1) that is not needed for cur10 rent water demands or uses may be delivered by 

11 the Project for placement in underground stor12 age in the State of New Mexico for future re13 covery and use. 

14 (B) STATE APPROVAL.—Delivery of water 

15 under subparagraph (A) is subject to— 

16 (i) approval by the State of New Mex17 ico under applicable provisions of State law 

18 relating to aquifer storage and recovery; 

19 and 

20 (ii) the provisions of the Agreement 

21 and this subtitle. 

22 (b) PROJECT WATER AND CAPACITY ALLOCA23 TIONS.— 

24 (1) DIVERSION.—Subject to availability and 

25 consistent with Federal and State law, the Project 
1052 

•S 22 ES

1 may divert from the Navajo Reservoir and the San 

2 Juan River a quantity of water to be allocated and 

3 used consistent with the Agreement and this sub4 title, that does not exceed in any 1 year, the lesser 

5 of— 

6 (A) 37,760 acre-feet of water; or 

7 (B) the quantity of water necessary to sup8 ply a depletion from the San Juan River of 

9 35,890 acre-feet. 

10 (2) PROJECT DELIVERY CAPACITY ALLOCA11 TIONS.— 

12 (A) IN GENERAL.—The capacity of the 

13 Project shall be allocated to the Project Partici14 pants in accordance with subparagraphs (B) 

15 through (E), other provisions of this subtitle, 

16 and other applicable law. 

17 (B) DELIVERY CAPACITY ALLOCATION TO

18 THE CITY.—The Project may deliver at the 

19 point of diversion from the San Juan River not 

20 more than 7,500 acre-feet of water in any 1 

21 year for which the City has secured rights for 

22 the use of the City. 

23 (C) DELIVERY CAPACITY ALLOCATION TO

24 NAVAJO NATION COMMUNITIES IN NEW MEX25 ICO.—For use by the Nation in the State of 
1053 

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1 New Mexico, the Project may deliver water out 

2 of the water rights held by the Secretary for the 

3 Nation and confirmed under this subtitle, at the 

4 points of diversion from the San Juan River or 

5 at Navajo Reservoir in any 1 year, the lesser 

6 of— 

7 (i) 22,650 acre-feet of water; or 

8 (ii) the quantity of water necessary to 

9 supply a depletion from the San Juan 

10 River of 20,780 acre-feet of water. 

11 (D) DELIVERY CAPACITY ALLOCATION TO

12 NAVAJO NATION COMMUNITIES IN ARIZONA.— 

13 Subject to subsection (c), the Project may de14 liver at the point of diversion from the San 

15 Juan River not more than 6,411 acre-feet of 

16 water in any 1 year for use by the Nation in 

17 the State of Arizona. 

18 (E) DELIVERY CAPACITY ALLOCATION TO

19 JICARILLA APACHE NATION.—The Project may 

20 deliver at Navajo Reservoir not more than 

21 1,200 acre-feet of water in any 1 year of the 

22 water rights of the Jicarilla Apache Nation, 

23 held by the Secretary and confirmed by the 

24 Jicarilla Apache Tribe Water Rights Settlement 

25 Act (Public Law 102–441; 106 Stat. 2237), for 
1054 

•S 22 ES

1 use by the Jicarilla Apache Nation in the south2 ern portion of the Jicarilla Apache Nation Res3 ervation in the State of New Mexico. 

4 (3) USE IN EXCESS OF DELIVERY CAPACITY AL5 LOCATION QUANTITY.—Notwithstanding each deliv6 ery capacity allocation quantity limit described in 

7 subparagraphs (B), (C), and (E) of paragraph (2), 

8 the Secretary may authorize a Project Participant to 

9 exceed the delivery capacity allocation quantity limit 

10 of that Project Participant if— 

11 (A) delivery capacity is available without 

12 impairing any water delivery to any other 

13 Project Participant; and 

14 (B) the Project Participant benefitting 

15 from the increased allocation of delivery capac16 ity— 

17 (i) has the right under applicable law 

18 to use the additional water; 

19 (ii) agrees to pay the operation, main20 tenance, and replacement costs relating to 

21 the additional use of any Project facility; 

22 and 

23 (iii) agrees, if the Project title is held 

24 by the Secretary, to pay a fee established 

25 by the Secretary to assist in recovering 
1055 

•S 22 ES

1 capital costs relating to that additional 

2 use. 

3 (c) CONDITIONS FOR USE IN ARIZONA.— 

4 (1) REQUIREMENTS.—Project water shall not 

5 be delivered for use by any community of the Nation 

6 located in the State of Arizona under subsection 

7 (b)(2)(D) until— 

8 (A) the Nation and the State of Arizona 

9 have entered into a water rights settlement 

10 agreement approved by an Act of Congress that 

11 settles and waives the Nation’s claims to water 

12 in the Lower Basin and the Little Colorado 

13 River Basin in the State of Arizona, including 

14 those of the United States on the Nation’s be15 half; and 

16 (B) the Secretary and the Navajo Nation 

17 have entered into a Navajo Reservoir water 

18 supply delivery contract for the physical deliv19 ery and diversion of water via the Project from 

20 the San Juan River system to supply uses in 

21 the State of Arizona. 

22 (2) ACCOUNTING OF USES IN ARIZONA.— 

23 (A) IN GENERAL.—Pursuant to paragraph 

24 (1) and notwithstanding any other provision of 

25 law, water may be diverted by the Project from 
1056 

•S 22 ES

1 the San Juan River in the State of New Mexico 

2 in accordance with an appropriate permit issued 

3 under New Mexico law for use in the State of 

4 Arizona within the Navajo Reservation in the 

5 Lower Basin; provided that any depletion of 

6 water that results from the diversion of water 

7 by the Project from the San Juan River in the 

8 State of New Mexico for uses within the State 

9 of Arizona (including depletion incidental to the 

10 diversion, impounding, or conveyance of water 

11 in the State of New Mexico for uses in the 

12 State of Arizona) shall be administered and ac13 counted for as either— 

14 (i) a part of, and charged against, the 

15 available consumptive use apportionment 

16 made to the State of Arizona by Article 

17 III(a) of the Compact and to the Upper 

18 Basin by Article III(a) of the Colorado 

19 River Compact, in which case any water so 

20 diverted by the Project into the Lower 

21 Basin for use within the State of Arizona 

22 shall not be credited as water reaching Lee 

23 Ferry pursuant to Article III(c) and III(d) 

24 of the Colorado River Compact; or 
1057 

•S 22 ES

1 (ii) subject to subparagraph (B), a 

2 part of, and charged against, the consump3 tive use apportionment made to the Lower 

4 Basin by Article III(a) of the Colorado 

5 River Compact, in which case it shall— 

6 (I) be a part of the Colorado 

7 River water that is apportioned to the 

8 State of Arizona in Article II(B) of 

9 the Consolidated Decree of the Su10 preme Court of the United States in 

11 Arizona v. California (547 U.S. 150) 

12 (as may be amended or supple13 mented); 

14 (II) be credited as water reaching 

15 Lee Ferry pursuant to Article III(c) 

16 and III(d) of the Colorado River Com17 pact; and 

18 (III) be accounted as the water 

19 identified in section 104(a)(1)(B)(ii) 

20 of the Arizona Water Settlements Act, 

21 (118 Stat. 3478); 

22 (B) LIMITATION.—Notwithstanding sub23 paragraph (B), no water diverted by the Project 

24 shall be accounted for pursuant to subpara25 graph (B) until such time that— 
1058 

•S 22 ES

1 (i) the Secretary has developed and, 

2 as necessary and appropriate, modified, in 

3 consultation with the Upper Colorado 

4 River Commission and the Governors’ Rep5 resentatives on Colorado River Operations 

6 from each State signatory to the Colorado 

7 River Compact, all operational and 

8 decisional criteria, policies, contracts, 

9 guidelines or other documents that control 

10 the operations of the Colorado River Sys11 tem reservoirs and diversion works, so as 

12 to adjust, account for, and offset the diver13 sion of water apportioned to the State of 

14 Arizona, pursuant to the Boulder Canyon 

15 Project Act (43 U.S.C. 617 et seq.), from 

16 a point of diversion on the San Juan River 

17 in New Mexico; provided that all such 

18 modifications shall be consistent with the 

19 provisions of this Section, and the modi20 fications made pursuant to this clause 

21 shall be applicable only for the duration of 

22 any such diversions pursuant to section 

23 10603(c)(2)(B); and 

24 (ii) Article II(B) of the Decree of the 

25 Supreme Court of the United States in Ar-
1059 

•S 22 ES

1 izona v. California (547 U.S. 150 as may 

2 be amended or supplemented) is adminis3 tered so that diversions from the main 

4 stream for the Central Arizona Project, as 

5 served under existing contracts with the 

6 United States by diversion works here7 tofore constructed, shall be limited and re8 duced to offset any diversions made pursu9 ant to section 10603(c)(2)(B) of this Act. 

10 This clause shall not affect, in any man11 ner, the amount of water apportioned to 

12 Arizona pursuant to the Boulder Canyon 

13 Project Act (43 U.S.C. 617 et seq.), or 

14 amend any provisions of said decree or the 

15 Colorado River Basin Project Act (43 

16 U.S.C. 1501 et. seq.). 

17 (3) UPPER BASIN PROTECTIONS.— 

18 (A) CONSULTATIONS.—Henceforth, in any 

19 consultation pursuant to 16 U.S.C. 1536(a) 

20 with respect to water development in the San 

21 Juan River Basin, the Secretary shall confer 

22 with the States of Colorado and New Mexico, 

23 consistent with the provisions of section 5 of 

24 the ‘‘Principles for Conducting Endangered 

25 Species Act Section 7 Consultations on Water 
1060 

•S 22 ES

1 Development and Water Management Activities 

2 Affecting Endangered Fish Species in the San 

3 Juan River Basin’’ as adopted by the Coordina4 tion Committee, San Juan River Basin Recov5 ery Implementation Program, on June 19, 

6 2001, and as may be amended or modified. 

7 (B) PRESERVATION OF EXISTING

8 RIGHTS.—Rights to the consumptive use of 

9 water available to the Upper Basin from the 

10 Colorado River System under the Colorado 

11 River Compact and the Compact shall not be 

12 reduced or prejudiced by any use of water pur13 suant to subsection 10603(c). Nothing in this 

14 Act shall be construed so as to impair, conflict 

15 with, or otherwise change the duties and powers 

16 of the Upper Colorado River Commission. 

17 (d) FORBEARANCE.— 

18 (1) IN GENERAL.—Subject to paragraphs (2) 

19 and (3), during any year in which a shortage to the 

20 normal diversion requirement for any use relating to 

21 the Project within the State of Arizona occurs (as 

22 determined under section 11 of Public Law 87–483 

23 (76 Stat. 99)), the Nation may temporarily forbear 

24 the delivery of the water supply of the Navajo Res25 ervoir for uses in the State of New Mexico under the 
1061 

•S 22 ES

1 apportionments of water to the Navajo Indian Irri2 gation Project and the normal diversion require3 ments of the Project to allow an equivalent quantity 

4 of water to be delivered from the Navajo Reservoir 

5 water supply for municipal and domestic uses of the 

6 Nation in the State of Arizona under the Project. 

7 (2) LIMITATION OF FORBEARANCE.—The Na8 tion may forebear the delivery of water under para9 graph (1) of a quantity not exceeding the quantity 

10 of the shortage to the normal diversion requirement 

11 for any use relating to the Project within the State 

12 of Arizona. 

13 (3) EFFECT.—The forbearance of the delivery 

14 of water under paragraph (1) shall be subject to the 

15 requirements in subsection (c). 

16 (e) EFFECT.—Nothing in this subtitle— 

17 (1) authorizes the marketing, leasing, or trans18 fer of the water supplies made available to the Na19 tion under the Contract to non-Navajo water users 

20 in States other than the State of New Mexico; or 

21 (2) authorizes the forbearance of water uses in 

22 the State of New Mexico to allow uses of water in 

23 other States other than as authorized under sub24 section (d). 
1062 

•S 22 ES

1 (f) COLORADO RIVER COMPACTS.—Notwithstanding 

2 any other provision of law— 

3 (1) water may be diverted by the Project from 

4 the San Juan River in the State of New Mexico for 

5 use within New Mexico in the lower basin, as that 

6 term is used in the Colorado River Compact; 

7 (2) any water diverted under paragraph (1) 

8 shall be a part of, and charged against, the con9 sumptive use apportionment made to the State of 

10 New Mexico by Article III(a) of the Compact and to 

11 the upper basin by Article III(a) of the Colorado 

12 River Compact; and 

13 (3) any water so diverted by the Project into 

14 the lower basin within the State of New Mexico shall 

15 not be credited as water reaching Lee Ferry pursu16 ant to Articles III(c) and III(d) of the Colorado 

17 River Compact. 

18 (g) PAYMENT OF OPERATION, MAINTENANCE, AND

19 REPLACEMENT COSTS.— 

20 (1) IN GENERAL.—The Secretary is authorized 

21 to pay the operation, maintenance, and replacement 

22 costs of the Project allocable to the Project Partici23 pants under section 10604 until the date on which 

24 the Secretary declares any section of the Project to 

25 be substantially complete and delivery of water gen-
1063 

•S 22 ES

1 erated by, and through, that section of the Project 

2 can be made to a Project participant. 

3 (2) PROJECT PARTICIPANT PAYMENTS.—Begin4 ning on the date described in paragraph (1), each 

5 Project Participant shall pay all allocated operation, 

6 maintenance, and replacement costs for that sub7 stantially completed section of the Project, in ac8 cordance with contracts entered into pursuant to 

9 section 10604, except as provided in section 

10 10604(f). 

11 (h) NO PRECEDENT.—Nothing in this Act shall be 

12 construed as authorizing or establishing a precedent for 

13 any type of transfer of Colorado River System water be14 tween the Upper Basin and Lower Basin. Nor shall any15 thing in this Act be construed as expanding the Sec16 retary’s authority in the Upper Basin. 

17 (i) UNIQUE SITUATION.—Diversions by the Project 

18 consistent with this section address critical tribal and non19 Indian water supply needs under unique circumstances, 

20 which include, among other things— 

21 (1) the intent to benefit an American Indian 

22 tribe; 

23 (2) the Navajo Nation’s location in both the 

24 Upper and Lower Basin; 
1064 

•S 22 ES

1 (3) the intent to address critical Indian water 

2 needs in the State of Arizona and Indian and non3 Indian water needs in the State of New Mexico, 

4 (4) the location of the Navajo Nation’s capital 

5 city of Window Rock in the State of Arizona in close 

6 proximity to the border of the State of New Mexico 

7 and the pipeline route for the Project; 

8 (5) the lack of other reasonable options avail9 able for developing a firm, sustainable supply of mu10 nicipal water for the Navajo Nation at Window Rock 

11 in the State of Arizona; and 

12 (6) the limited volume of water to be diverted 

13 by the Project to supply municipal uses in the Win14 dow Rock area in the State of Arizona. 

15 (j) CONSENSUS.—Congress notes the consensus of 

16 the Governors’ Representatives on Colorado River Oper17 ations of the States that are signatory to the Colorado 

18 River Compact regarding the diversions authorized for the 

19 Project under this section. 

20 (k) EFFICIENT USE.—The diversions and uses au21 thorized for the Project under this Section represent 

22 unique and efficient uses of Colorado River apportion23 ments in a manner that Congress has determined would 

24 be consistent with the obligations of the United States to 

25 the Navajo Nation. 
1065 

•S 22 ES

1 SEC. 10604. PROJECT CONTRACTS. 

2 (a) NAVAJO NATION CONTRACT.— 

3 (1) HYDROLOGIC DETERMINATION.—Congress 

4 recognizes that the Hydrologic Determination nec5 essary to support approval of the Contract has been 

6 completed. 

7 (2) CONTRACT APPROVAL.— 

8 (A) APPROVAL.— 

9 (i) IN GENERAL.—Except to the ex10 tent that any provision of the Contract 

11 conflicts with this subtitle, Congress ap12 proves, ratifies, and confirms the Contract. 

13 (ii) AMENDMENTS.—To the extent 

14 any amendment is executed to make the 

15 Contract consistent with this subtitle, that 

16 amendment is authorized, ratified, and 

17 confirmed. 

18 (B) EXECUTION OF CONTRACT.—The Sec19 retary, acting on behalf of the United States, 

20 shall enter into the Contract to the extent that 

21 the Contract does not conflict with this subtitle 

22 (including any amendment that is required to 

23 make the Contract consistent with this sub24 title). 

25 (3) NONREIMBURSABILITY OF ALLOCATED

26 COSTS.—The following costs shall be nonreimburs-
1066 

•S 22 ES

1 able and not subject to repayment by the Nation or 

2 any other Project beneficiary: 

3 (A) Any share of the construction costs of 

4 the Nation relating to the Project authorized by 

5 section 10602(a). 

6 (B) Any costs relating to the construction 

7 of the Navajo Indian Irrigation Project that 

8 may otherwise be allocable to the Nation for 

9 use of any facility of the Navajo Indian Irriga10 tion Project to convey water to each Navajo 

11 community under the Project. 

12 (C) Any costs relating to the construction 

13 of Navajo Dam that may otherwise be allocable 

14 to the Nation for water deliveries under the 

15 Contract. 

16 (4) OPERATION, MAINTENANCE, AND REPLACE17 MENT OBLIGATION.—Subject to subsection (f), the 

18 Contract shall include provisions under which the 

19 Nation shall pay any costs relating to the operation, 

20 maintenance, and replacement of each facility of the 

21 Project that are allocable to the Nation. 

22 (5) LIMITATION, CANCELLATION, TERMINATION, 

23 AND RESCISSION.—The Contract may be limited by 

24 a term of years, canceled, terminated, or rescinded 

25 only by an Act of Congress. 
1067 

•S 22 ES

1 (b) CITY OF GALLUP CONTRACT.— 

2 (1) CONTRACT AUTHORIZATION.—Consistent 

3 with this subtitle, the Secretary is authorized to 

4 enter into a repayment contract with the City that 

5 requires the City— 

6 (A) to repay, within a 50-year period, the 

7 share of the construction costs of the City relat8 ing to the Project, with interest as provided 

9 under section 10305; and 

10 (B) consistent with section 10603(g), to 

11 pay the operation, maintenance, and replace12 ment costs of the Project that are allocable to 

13 the City. 

14 (2) CONTRACT PREPAYMENT.— 

15 (A) IN GENERAL.—The contract author16 ized under paragraph (1) may allow the City to 

17 satisfy the repayment obligation of the City for 

18 construction costs of the Project on the pay19 ment of the share of the City prior to the initi20 ation of construction. 

21 (B) AMOUNT.—The amount of the share 

22 of the City described in subparagraph (A) shall 

23 be determined by agreement between the Sec24 retary and the City. 
1068 

•S 22 ES

1 (C) REPAYMENT OBLIGATION.—Any repay2 ment obligation established by the Secretary 

3 and the City pursuant to subparagraph (A) 

4 shall be subject to a final cost allocation by the 

5 Secretary on project completion and to the limi6 tations set forth in paragraph (3). 

7 (3) SHARE OF CONSTRUCTION COSTS.— 

8 (A) IN GENERAL.—Subject to subpara9 graph (B), the Secretary shall determine the 

10 share of the construction costs of the Project 

11 allocable to the City and establish the percent12 age of the allocated construction costs that the 

13 City shall be required to repay pursuant to the 

14 contract entered into under paragraph (1), 

15 based on the ability of the City to pay. 

16 (B) MINIMUM PERCENTAGE.—Notwith17 standing subparagraph (A), the repayment obli18 gation of the City shall be at least 25 percent 

19 of the construction costs of the Project that are 

20 allocable to the City, but shall in no event ex21 ceed 35 percent. 

22 (4) EXCESS CONSTRUCTION COSTS.—Any con23 struction costs of the Project allocable to the City in 

24 excess of the repayment obligation of the City, as 
1069 

•S 22 ES

1 determined under paragraph (3), shall be nonreim2 bursable. 

3 (5) GRANT FUNDS.—A grant from any other 

4 Federal source shall not be credited toward the 

5 amount required to be repaid by the City under a 

6 repayment contract. 

7 (6) TITLE TRANSFER.—If title is transferred to 

8 the City prior to repayment under section 10602(f), 

9 the City shall be required to provide assurances sat10 isfactory to the Secretary of fulfillment of the re11 maining repayment obligation of the City. 

12 (7) WATER DELIVERY SUBCONTRACT.—The 

13 Secretary shall not enter into a contract under para14 graph (1) with the City until the City has secured 

15 a water supply for the City’s portion of the Project 

16 described in section 10603(b)(2)(B), by entering 

17 into, as approved by the Secretary, a water delivery 

18 subcontract for a period of not less than 40 years 

19 beginning on the date on which the construction of 

20 any facility of the Project serving the City is com21 pleted, with— 

22 (A) the Nation, as authorized by the Con23 tract; 

24 (B) the Jicarilla Apache Nation, as author25 ized by the settlement contract between the 
1070 

•S 22 ES

1 United States and the Jicarilla Apache Tribe, 

2 authorized by the Jicarilla Apache Tribe Water 

3 Rights Settlement Act (Public Law 102–441; 

4 106 Stat. 2237); or 

5 (C) an acquired alternate source of water, 

6 subject to approval of the Secretary and the 

7 State of New Mexico, acting through the New 

8 Mexico Interstate Stream Commission and the 

9 New Mexico State Engineer. 

10 (c) JICARILLA APACHE NATION CONTRACT.— 

11 (1) CONTRACT AUTHORIZATION.—Consistent 

12 with this subtitle, the Secretary is authorized to 

13 enter into a repayment contract with the Jicarilla 

14 Apache Nation that requires the Jicarilla Apache 

15 Nation— 

16 (A) to repay, within a 50-year period, the 

17 share of any construction cost of the Jicarilla 

18 Apache Nation relating to the Project, with in19 terest as provided under section 10305; and 

20 (B) consistent with section 10603(g), to 

21 pay the operation, maintenance, and replace22 ment costs of the Project that are allocable to 

23 the Jicarilla Apache Nation. 

24 (2) CONTRACT PREPAYMENT.— 
1071 

•S 22 ES

1 (A) IN GENERAL.—The contract author2 ized under paragraph (1) may allow the 

3 Jicarilla Apache Nation to satisfy the repay4 ment obligation of the Jicarilla Apache Nation 

5 for construction costs of the Project on the pay6 ment of the share of the Jicarilla Apache Na7 tion prior to the initiation of construction. 

8 (B) AMOUNT.—The amount of the share 

9 of Jicarilla Apache Nation described in sub10 paragraph (A) shall be determined by agree11 ment between the Secretary and the Jicarilla 

12 Apache Nation. 

13 (C) REPAYMENT OBLIGATION.—Any repay14 ment obligation established by the Secretary 

15 and the Jicarilla Apache Nation pursuant to 

16 subparagraph (A) shall be subject to a final 

17 cost allocation by the Secretary on project com18 pletion and to the limitations set forth in para19 graph (3). 

20 (3) SHARE OF CONSTRUCTION COSTS.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), the Secretary shall determine the 

23 share of the construction costs of the Project 

24 allocable to the Jicarilla Apache Nation and es25 tablish the percentage of the allocated construc-
1072 

•S 22 ES

1 tion costs of the Jicarilla Apache Nation that 

2 the Jicarilla Apache Nation shall be required to 

3 repay based on the ability of the Jicarilla 

4 Apache Nation to pay. 

5 (B) MINIMUM PERCENTAGE.—Notwith6 standing subparagraph (A), the repayment obli7 gation of the Jicarilla Apache Nation shall be 

8 at least 25 percent of the construction costs of 

9 the Project that are allocable to the Jicarilla 

10 Apache Nation, but shall in no event exceed 35 

11 percent. 

12 (4) EXCESS CONSTRUCTION COSTS.—Any con13 struction costs of the Project allocable to the 

14 Jicarilla Apache Nation in excess of the repayment 

15 obligation of the Jicarilla Apache Nation as deter16 mined under paragraph (3), shall be nonreimburs17 able. 

18 (5) GRANT FUNDS.—A grant from any other 

19 Federal source shall not be credited toward the 

20 share of the Jicarilla Apache Nation of construction 

21 costs. 

22 (6) NAVAJO INDIAN IRRIGATION PROJECT

23 COSTS.—The Jicarilla Apache Nation shall have no 

24 obligation to repay any Navajo Indian Irrigation 

25 Project construction costs that might otherwise be 
1073 

•S 22 ES

1 allocable to the Jicarilla Apache Nation for use of 

2 the Navajo Indian Irrigation Project facilities to 

3 convey water to the Jicarilla Apache Nation, and 

4 any such costs shall be nonreimbursable. 

5 (d) CAPITAL COST ALLOCATIONS.— 

6 (1) IN GENERAL.—For purposes of estimating 

7 the capital repayment requirements of the Project 

8 Participants under this section, the Secretary shall 

9 review and, as appropriate, update the Draft Impact 

10 Statement allocating capital construction costs for 

11 the Project. 

12 (2) FINAL COST ALLOCATION.—The repayment 

13 contracts entered into with Project Participants 

14 under this section shall require that the Secretary 

15 perform a final cost allocation when construction of 

16 the Project is determined to be substantially com17 plete. 

18 (3) REPAYMENT OBLIGATION.—The Secretary 

19 shall determine the repayment obligation of the 

20 Project Participants based on the final cost alloca21 tion identifying reimbursable and nonreimbursable 

22 capital costs of the Project consistent with this sub23 title. 

24 (e) OPERATION, MAINTENANCE, AND REPLACEMENT

25 COST ALLOCATIONS.—For purposes of determining the 
1074 

•S 22 ES

1 operation, maintenance, and replacement obligations of 

2 the Project Participants under this section, the Secretary 

3 shall review and, as appropriate, update the Draft Impact 

4 Statement that allocates operation, maintenance, and re5 placement costs for the Project. 

6 (f) TEMPORARY WAIVERS OF PAYMENTS.— 

7 (1) IN GENERAL.—On the date on which the 

8 Secretary declares a section of the Project to be sub9 stantially complete and delivery of water generated 

10 by and through that section of the Project can be 

11 made to the Nation, the Secretary may waive, for a 

12 period of not more than 10 years, the operation, 

13 maintenance, and replacement costs allocable to the 

14 Nation for that section of the Project that the Sec15 retary determines are in excess of the ability of the 

16 Nation to pay. 

17 (2) SUBSEQUENT PAYMENT BY NATION.—After 

18 a waiver under paragraph (1), the Nation shall pay 

19 all allocated operation, maintenance, and replace20 ment costs of that section of the Project. 

21 (3) PAYMENT BY UNITED STATES.—Any oper22 ation, maintenance, or replacement costs waived by 

23 the Secretary under paragraph (1) shall be paid by 

24 the United States and shall be nonreimbursable. 
1075 

•S 22 ES

1 (4) EFFECT ON CONTRACTS.—Failure of the 

2 Secretary to waive costs under paragraph (1) be3 cause of a lack of availability of Federal funding to 

4 pay the costs under paragraph (3) shall not alter the 

5 obligations of the Nation or the United States under 

6 a repayment contract. 

7 (5) TERMINATION OF AUTHORITY.—The au8 thority of the Secretary to waive costs under para9 graph (1) with respect to a Project facility trans10 ferred to the Nation under section 10602(f) shall 

11 terminate on the date on which the Project facility 

12 is transferred. 

13 (g) PROJECT CONSTRUCTION COMMITTEE.—The 

14 Secretary shall facilitate the formation of a project con15 struction committee with the Project Participants and the 

16 State of New Mexico— 

17 (1) to review cost factors and budgets for con18 struction and operation and maintenance activities; 

19 (2) to improve construction management 

20 through enhanced communication; and 

21 (3) to seek additional ways to reduce overall 

22 Project costs. 

23 SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE. 

24 (a) USE OF NAVAJO NATION PIPELINE.—In addition 

25 to use of the Navajo Nation Municipal Pipeline to convey 
1076 

•S 22 ES

1 the Animas-La Plata Project water of the Nation, the Na2 tion may use the Navajo Nation Municipal Pipeline to con3 vey non-Animas La Plata Project water for municipal and 

4 industrial purposes. 

5 (b) CONVEYANCE OF TITLE TO PIPELINE.— 

6 (1) IN GENERAL.—On completion of the Navajo 

7 Nation Municipal Pipeline, the Secretary may enter 

8 into separate agreements with the City of Farm9 ington, New Mexico and the Nation to convey title 

10 to each portion of the Navajo Nation Municipal 

11 Pipeline facility or section of the Pipeline to the City 

12 of Farmington and the Nation after execution of a 

13 Project operations agreement approved by the Sec14 retary, the Nation, and the City of Farmington that 

15 sets forth any terms and conditions that the Sec16 retary determines are necessary. 

17 (2) CONVEYANCE TO THE CITY OF FARMINGTON

18 OR NAVAJO NATION.—In conveying title to the Nav19 ajo Nation Municipal Pipeline under this subsection, 

20 the Secretary shall convey— 

21 (A) to the City of Farmington, the facili22 ties and any land or interest in land acquired 

23 by the United States for the construction, oper24 ation, and maintenance of the Pipeline that are 
1077 

•S 22 ES

1 located within the corporate boundaries of the 

2 City; and 

3 (B) to the Nation, the facilities and any 

4 land or interests in land acquired by the United 

5 States for the construction, operation, and 

6 maintenance of the Pipeline that are located 

7 outside the corporate boundaries of the City of 

8 Farmington. 

9 (3) EFFECT OF CONVEYANCE.—The conveyance 

10 of title to the Pipeline shall not affect the applica11 tion of the Endangered Species Act of 1973 (16 

12 U.S.C. 1531 et seq.) relating to the use of water as13 sociated with the Animas-La Plata Project. 

14 (4) LIABILITY.— 

15 (A) IN GENERAL.—Effective on the date of 

16 the conveyance authorized by this subsection, 

17 the United States shall not be held liable by 

18 any court for damages of any kind arising out 

19 of any act, omission, or occurrence relating to 

20 the land, buildings, or facilities conveyed under 

21 this subsection, other than damages caused by 

22 acts of negligence committed by the United 

23 States or by employees or agents of the United 

24 States prior to the date of conveyance. 
1078 

•S 22 ES

1 (B) TORT CLAIMS.—Nothing in this sub2 section increases the liability of the United 

3 States beyond the liability provided under chap4 ter 171 of title 28, United States Code (com5 monly known as the ‘‘Federal Tort Claims 

6 Act’’). 

7 (5) NOTICE OF PROPOSED CONVEYANCE.—Not 

8 later than 45 days before the date of a proposed 

9 conveyance of title to the Pipeline, the Secretary 

10 shall submit to the Committee on Natural Resources 

11 of the House of Representatives and the Committee 

12 on Energy and Natural Resources of the Senate, no13 tice of the conveyance of the Pipeline. 

14 SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS. 

15 (a) CONJUNCTIVE GROUNDWATER DEVELOPMENT

16 PLAN.—Not later than 1 year after the date of enactment 

17 of this Act, the Nation, in consultation with the Secretary, 

18 shall complete a conjunctive groundwater development 

19 plan for the wells described in subsections (b) and (c). 

20 (b) WELLS IN THE SAN JUAN RIVER BASIN.—In ac21 cordance with the conjunctive groundwater development 

22 plan, the Secretary may construct or rehabilitate wells and 

23 related pipeline facilities to provide capacity for the diver24 sion and distribution of not more than 1,670 acre-feet of 
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1 groundwater in the San Juan River Basin in the State 

2 of New Mexico for municipal and domestic uses. 

3 (c) WELLS IN THE LITTLE COLORADO AND RIO

4 GRANDE BASINS.— 

5 (1) IN GENERAL.—In accordance with the 

6 Project and conjunctive groundwater development 

7 plan for the Nation, the Secretary may construct or 

8 rehabilitate wells and related pipeline facilities to 

9 provide capacity for the diversion and distribution 

10 of— 

11 (A) not more than 680 acre-feet of ground12 water in the Little Colorado River Basin in the 

13 State of New Mexico; 

14 (B) not more than 80 acre-feet of ground15 water in the Rio Grande Basin in the State of 

16 New Mexico; and 

17 (C) not more than 770 acre-feet of ground18 water in the Little Colorado River Basin in the 

19 State of Arizona. 

20 (2) USE.—Groundwater diverted and distrib21 uted under paragraph (1) shall be used for munic22 ipal and domestic uses. 

23 (d) ACQUISITION OF LAND.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), the Secretary may acquire any land or in-
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•S 22 ES

1 terest in land that is necessary for the construction, 

2 operation, and maintenance of the wells and related 

3 pipeline facilities authorized under subsections (b) 

4 and (c). 

5 (2) LIMITATION.—Nothing in this subsection 

6 authorizes the Secretary to condemn water rights for 

7 the purposes described in paragraph (1). 

8 (e) CONDITION.—The Secretary shall not commence 

9 any construction activity relating to the wells described in 

10 subsections (b) and (c) until the Secretary executes the 

11 Agreement. 

12 (f) CONVEYANCE OF WELLS.— 

13 (1) IN GENERAL.—On the determination of the 

14 Secretary that the wells and related facilities are 

15 substantially complete and delivery of water gen16 erated by the wells can be made to the Nation, an 

17 agreement with the Nation shall be entered into, to 

18 convey to the Nation title to— 

19 (A) any well or related pipeline facility 

20 constructed or rehabilitated under subsections 

21 (a) and (b) after the wells and related facilities 

22 have been completed; and 

23 (B) any land or interest in land acquired 

24 by the United States for the construction, oper-
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•S 22 ES

1 ation, and maintenance of the well or related 

2 pipeline facility. 

3 (2) OPERATION, MAINTENANCE, AND REPLACE4 MENT.— 

5 (A) IN GENERAL.—The Secretary is au6 thorized to pay operation and maintenance 

7 costs for the wells and related pipeline facilities 

8 authorized under this subsection until title to 

9 the facilities is conveyed to the Nation. 

10 (B) SUBSEQUENT ASSUMPTION BY NA11 TION.—On completion of a conveyance of title 

12 under paragraph (1), the Nation shall assume 

13 all responsibility for the operation and mainte14 nance of the well or related pipeline facility con15 veyed. 

16 (3) EFFECT OF CONVEYANCE.—The conveyance 

17 of title to the Nation of the conjunctive use wells 

18 under paragraph (1) shall not affect the application 

19 of the Endangered Species Act of 1973 (16 U.S.C. 

20 1531 et seq.). 

21 (g) USE OF PROJECT FACILITIES.—The capacities of 

22 the treatment facilities, main pipelines, and lateral pipe23 lines of the Project authorized by section 10602(b) may 

24 be used to treat and convey groundwater to Nation com25 munities if the Nation provides for payment of the oper-
1082 

•S 22 ES

1 ation, maintenance, and replacement costs associated with 

2 the use of the facilities or pipelines. 

3 (h) LIMITATIONS.—The diversion and use of ground4 water by wells constructed or rehabilitated under this sec5 tion shall be made in a manner consistent with applicable 

6 Federal and State law. 

7 SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION 

8 PROJECTS. 

9 (a) REHABILITATION.—Subject to subsection (b), the 

10 Secretary shall rehabilitate— 

11 (1) the Fruitland-Cambridge Irrigation Project 

12 to serve not more than 3,335 acres of land, which 

13 shall be considered to be the total serviceable area 

14 of the project; and 

15 (2) the Hogback-Cudei Irrigation Project to 

16 serve not more than 8,830 acres of land, which shall 

17 be considered to be the total serviceable area of the 

18 project. 

19 (b) CONDITION.—The Secretary shall not commence 

20 any construction activity relating to the rehabilitation of 

21 the Fruitland-Cambridge Irrigation Project or the Hog22 back-Cudei Irrigation Project under subsection (a) until 

23 the Secretary executes the Agreement. 

24 (c) OPERATION, MAINTENANCE, AND REPLACEMENT

25 OBLIGATION.—The Nation shall continue to be respon-
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1 sible for the operation, maintenance, and replacement of 

2 each facility rehabilitated under this section. 

3 SEC. 10608. OTHER IRRIGATION PROJECTS. 

4 (a) IN GENERAL.—Not later than 2 years after the 

5 date of enactment of this Act, the Secretary, in consulta6 tion with the State of New Mexico (acting through the 

7 Interstate Stream Commission) and the Non-Navajo Irri8 gation Districts that elect to participate, shall— 

9 (1) conduct a study of Non-Navajo Irrigation 

10 District diversion and ditch facilities; and 

11 (2) based on the study, identify and prioritize 

12 a list of projects, with associated cost estimates, that 

13 are recommended to be implemented to repair, reha14 bilitate, or reconstruct irrigation diversion and ditch 

15 facilities to improve water use efficiency. 

16 (b) GRANTS.—The Secretary may provide grants to, 

17 and enter into cooperative agreements with, the Non-Nav18 ajo Irrigation Districts to plan, design, or otherwise imple19 ment the projects identified under subsection (a)(2). 

20 (c) COST-SHARING.— 

21 (1) FEDERAL SHARE.—The Federal share of 

22 the total cost of carrying out a project under sub23 section (b) shall be not more than 50 percent, and 

24 shall be nonreimbursable. 
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1 (2) FORM.—The non-Federal share required 

2 under paragraph (1) may be in the form of in-kind 

3 contributions, including the contribution of any valu4 able asset or service that the Secretary determines 

5 would substantially contribute to a project carried 

6 out under subsection (b). 

7 (3) STATE CONTRIBUTION.—The Secretary may 

8 accept from the State of New Mexico a partial or 

9 total contribution toward the non-Federal share for 

10 a project carried out under subsection (b). 

11 SEC. 10609. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) AUTHORIZATION OF APPROPRIATIONS FOR NAV13 AJO-GALLUP WATER SUPPLY PROJECT.— 

14 (1) IN GENERAL.—There is authorized to be 

15 appropriated to the Secretary to plan, design, and 

16 construct the Project $870,000,000 for the period of 

17 fiscal years 2009 through 2024, to remain available 

18 until expended. 

19 (2) ADJUSTMENTS.—The amount under para20 graph (1) shall be adjusted by such amounts as may 

21 be required by reason of changes since 2007 in con22 struction costs, as indicated by engineering cost indi23 ces applicable to the types of construction involved. 

24 (3) USE.—In addition to the uses authorized 

25 under paragraph (1), amounts made available under 
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1 that paragraph may be used for the conduct of re2 lated activities to comply with Federal environmental 

3 laws. 

4 (4) OPERATION AND MAINTENANCE.— 

5 (A) IN GENERAL.—There are authorized to 

6 be appropriated such sums as are necessary to 

7 operate and maintain the Project consistent 

8 with this subtitle. 

9 (B) EXPIRATION.—The authorization 

10 under subparagraph (A) shall expire 10 years 

11 after the year the Secretary declares the Project 

12 to be substantially complete. 

13 (b) APPROPRIATIONS FOR CONJUNCTIVE USE

14 WELLS.— 

15 (1) SAN JUAN WELLS.—There is authorized to 

16 be appropriated to the Secretary for the construction 

17 or rehabilitation and operation and maintenance of 

18 conjunctive use wells under section 10606(b) 

19 $30,000,000, as adjusted under paragraph (3), for 

20 the period of fiscal years 2009 through 2019. 

21 (2) WELLS IN THE LITTLE COLORADO AND RIO

22 GRANDE BASINS.—There are authorized to be appro23 priated to the Secretary for the construction or reha24 bilitation and operation and maintenance of conjunc25 tive use wells under section 10606(c) such sums as 
1086 

•S 22 ES

1 are necessary for the period of fiscal years 2009 

2 through 2024. 

3 (3) ADJUSTMENTS.—The amount under para4 graph (1) shall be adjusted by such amounts as may 

5 be required by reason of changes since 2008 in con6 struction costs, as indicated by engineering cost indi7 ces applicable to the types of construction or reha8 bilitation involved. 

9 (4) NONREIMBURSABLE EXPENDITURES.— 

10 Amounts made available under paragraphs (1) and 

11 (2) shall be nonreimbursable to the United States. 

12 (5) USE.—In addition to the uses authorized 

13 under paragraphs (1) and (2), amounts made avail14 able under that paragraph may be used for the con15 duct of related activities to comply with Federal en16 vironmental laws. 

17 (6) LIMITATION.—Appropriations authorized 

18 under paragraph (1) shall not be used for operation 

19 or maintenance of any conjunctive use wells at a 

20 time in excess of 3 years after the well is declared 

21 substantially complete. 

22 (c) SAN JUAN RIVER IRRIGATION PROJECTS.— 

23 (1) IN GENERAL.—There are authorized to be 

24 appropriated to the Secretary— 
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1 (A) to carry out section 10607(a)(1), not 

2 more than $7,700,000, as adjusted under para3 graph (2), for the period of fiscal years 2009 

4 through 2016, to remain available until ex5 pended; and 

6 (B) to carry out section 10607(a)(2), not 

7 more than $15,400,000, as adjusted under 

8 paragraph (2), for the period of fiscal years 

9 2009 through 2019, to remain available until 

10 expended. 

11 (2) ADJUSTMENT.—The amounts made avail12 able under paragraph (1) shall be adjusted by such 

13 amounts as may be required by reason of changes 

14 since January 1, 2004, in construction costs, as in15 dicated by engineering cost indices applicable to the 

16 types of construction involved in the rehabilitation. 

17 (3) NONREIMBURSABLE EXPENDITURES.— 

18 Amounts made available under this subsection shall 

19 be nonreimbursable to the United States. 

20 (d) OTHER IRRIGATION PROJECTS.—There are au21 thorized to be appropriated to the Secretary to carry out 

22 section 10608 $11,000,000 for the period of fiscal years 

23 2009 through 2019. 

24 (e) CULTURAL RESOURCES.— 
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1 (1) IN GENERAL.—The Secretary may use not 

2 more than 2 percent of amounts made available 

3 under subsections (a), (b), and (c) for the survey, re4 covery, protection, preservation, and display of ar5 chaeological resources in the area of a Project facil6 ity or conjunctive use well. 

7 (2) NONREIMBURSABLE EXPENDITURES.—Any 

8 amounts made available under paragraph (1) shall 

9 be nonreimbursable. 

10 (f) FISH AND WILDLIFE FACILITIES.— 

11 (1) IN GENERAL.—In association with the de12 velopment of the Project, the Secretary may use not 

13 more than 4 percent of amounts made available 

14 under subsections (a), (b), and (c) to purchase land 

15 and construct and maintain facilities to mitigate the 

16 loss of, and improve conditions for the propagation 

17 of, fish and wildlife if any such purchase, construc18 tion, or maintenance will not affect the operation of 

19 any water project or use of water. 

20 (2) NONREIMBURSABLE EXPENDITURES.—Any 

21 amounts expended under paragraph (1) shall be 

22 nonreimbursable. 

23 PART IV—NAVAJO NATION WATER RIGHTS 

24 SEC. 10701. AGREEMENT. 

25 (a) AGREEMENT APPROVAL.— 
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•S 22 ES

1 (1) APPROVAL BY CONGRESS.—Except to the 

2 extent that any provision of the Agreement conflicts 

3 with this subtitle, Congress approves, ratifies, and 

4 confirms the Agreement (including any amendments 

5 to the Agreement that are executed to make the 

6 Agreement consistent with this subtitle). 

7 (2) EXECUTION BY SECRETARY.—The Sec8 retary shall enter into the Agreement to the extent 

9 that the Agreement does not conflict with this sub10 title, including— 

11 (A) any exhibits to the Agreement requir12 ing the signature of the Secretary; and 

13 (B) any amendments to the Agreement 

14 necessary to make the Agreement consistent 

15 with this subtitle. 

16 (3) AUTHORITY OF SECRETARY.—The Sec17 retary may carry out any action that the Secretary 

18 determines is necessary or appropriate to implement 

19 the Agreement, the Contract, and this section. 

20 (4) ADMINISTRATION OF NAVAJO RESERVOIR

21 RELEASES.—The State of New Mexico may admin22 ister water that has been released from storage in 

23 Navajo Reservoir in accordance with subparagraph 

24 9.1 of the Agreement. 

25 (b) WATER AVAILABLE UNDER CONTRACT.— 
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•S 22 ES

1 (1) QUANTITIES OF WATER AVAILABLE.— 

2 (A) IN GENERAL.—Water shall be made 

3 available annually under the Contract for 

4 projects in the State of New Mexico supplied 

5 from the Navajo Reservoir and the San Juan 

6 River (including tributaries of the River) under 

7 New Mexico State Engineer File Numbers 

8 2849, 2883, and 3215 in the quantities de9 scribed in subparagraph (B). 

10 (B) WATER QUANTITIES.—The quantities 

11 of water referred to in subparagraph (A) are as 

12 follows: 

Diversion 

(acrefeet/ 

year) 

Depletion 

(acrefeet/ 

year) 

Navajo Indian Irrigation Project 508,000 270,000 

Navajo-Gallup Water Supply Project 22,650 20,780 

Animas-La Plata Project 4,680 2,340 

Total 535,330 293,120 

13 (C) MAXIMUM QUANTITY.—A diversion of 

14 water to the Nation under the Contract for a 

15 project described in subparagraph (B) shall not 

16 exceed the quantity of water necessary to sup17 ply the amount of depletion for the project. 

18 (D) TERMS, CONDITIONS, AND LIMITA19 TIONS.—The diversion and use of water under 

20 the Contract shall be subject to and consistent 
1091 

•S 22 ES

1 with the terms, conditions, and limitations of 

2 the Agreement, this subtitle, and any other ap3 plicable law. 

4 (2) AMENDMENTS TO CONTRACT.—The Sec5 retary, with the consent of the Nation, may amend 

6 the Contract if the Secretary determines that the 

7 amendment is— 

8 (A) consistent with the Agreement; and 

9 (B) in the interest of conserving water or 

10 facilitating beneficial use by the Nation or a 

11 subcontractor of the Nation. 

12 (3) RIGHTS OF THE NATION.—The Nation may, 

13 under the Contract— 

14 (A) use tail water, wastewater, and return 

15 flows attributable to a use of the water by the 

16 Nation or a subcontractor of the Nation if— 

17 (i) the depletion of water does not ex18 ceed the quantities described in paragraph 

19 (1); and 

20 (ii) the use of tail water, wastewater, 

21 or return flows is consistent with the 

22 terms, conditions, and limitations of the 

23 Agreement, and any other applicable law; 

24 and 
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•S 22 ES

1 (B) change a point of diversion, change a 

2 purpose or place of use, and transfer a right for 

3 depletion under this subtitle (except for a point 

4 of diversion, purpose or place of use, or right 

5 for depletion for use in the State of Arizona 

6 under section 10603(b)(2)(D)), to another use, 

7 purpose, place, or depletion in the State of New 

8 Mexico to meet a water resource or economic 

9 need of the Nation if— 

10 (i) the change or transfer is subject to 

11 and consistent with the terms of the 

12 Agreement, the Partial Final Decree de13 scribed in paragraph 3.0 of the Agreement, 

14 the Contract, and any other applicable law; 

15 and 

16 (ii) a change or transfer of water use 

17 by the Nation does not alter any obligation 

18 of the United States, the Nation, or an19 other party to pay or repay project con20 struction, operation, maintenance, or re21 placement costs under this subtitle and the 

22 Contract. 

23 (c) SUBCONTRACTS.— 

24 (1) IN GENERAL.— 
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1 (A) SUBCONTRACTS BETWEEN NATION

2 AND THIRD PARTIES.—The Nation may enter 

3 into subcontracts for the delivery of Project 

4 water under the Contract to third parties for 

5 any beneficial use in the State of New Mexico 

6 (on or off land held by the United States in 

7 trust for the Nation or a member of the Nation 

8 or land held in fee by the Nation). 

9 (B) APPROVAL REQUIRED.—A subcontract 

10 entered into under subparagraph (A) shall not 

11 be effective until approved by the Secretary in 

12 accordance with this subsection and the Con13 tract. 

14 (C) SUBMITTAL.—The Nation shall submit 

15 to the Secretary for approval or disapproval any 

16 subcontract entered into under this subsection. 

17 (D) DEADLINE.—The Secretary shall ap18 prove or disapprove a subcontract submitted to 

19 the Secretary under subparagraph (C) not later 

20 than the later of— 

21 (i) the date that is 180 days after the 

22 date on which the subcontract is submitted 

23 to the Secretary; and 
1094 

•S 22 ES

1 (ii) the date that is 60 days after the 

2 date on which a subcontractor complies 

3 with— 

4 (I) section 102(2)(C) of the Na5 tional Environmental Policy Act of 

6 1969 (42 U.S.C. 4332(2)(C)); and 

7 (II) any other requirement of 

8 Federal law. 

9 (E) ENFORCEMENT.—A party to a sub10 contract may enforce the deadline described in 

11 subparagraph (D) under section 1361 of title 

12 28, United States Code. 

13 (F) COMPLIANCE WITH OTHER LAW.—A 

14 subcontract described in subparagraph (A) shall 

15 comply with the Agreement, the Partial Final 

16 Decree described in paragraph 3.0 of the Agree17 ment, and any other applicable law. 

18 (G) NO LIABILITY.—The Secretary shall 

19 not be liable to any party, including the Nation, 

20 for any term of, or any loss or other detriment 

21 resulting from, a lease, contract, or other agree22 ment entered into pursuant to this subsection. 

23 (2) ALIENATION.— 
1095 

•S 22 ES

1 (A) PERMANENT ALIENATION.—The Na2 tion shall not permanently alienate any right 

3 granted to the Nation under the Contract. 

4 (B) MAXIMUM TERM.—The term of any 

5 water use subcontract (including a renewal) 

6 under this subsection shall be not more than 99 

7 years. 

8 (3) NONINTERCOURSE ACT COMPLIANCE.—This 

9 subsection— 

10 (A) provides congressional authorization 

11 for the subcontracting rights of the Nation; and 

12 (B) is deemed to fulfill any requirement 

13 that may be imposed by section 2116 of the Re14 vised Statutes (25 U.S.C. 177). 

15 (4) FORFEITURE.—The nonuse of the water 

16 supply secured by a subcontractor of the Nation 

17 under this subsection shall not result in forfeiture, 

18 abandonment, relinquishment, or other loss of any 

19 part of a right decreed to the Nation under the Con20 tract or this section. 

21 (5) NO PER CAPITA PAYMENTS.—No part of 

22 the revenue from a water use subcontract under this 

23 subsection shall be distributed to any member of the 

24 Nation on a per capita basis. 
1096 

•S 22 ES

1 (d) WATER LEASES NOT REQUIRING SUB2 CONTRACTS.— 

3 (1) AUTHORITY OF NATION.— 

4 (A) IN GENERAL.—The Nation may lease, 

5 contract, or otherwise transfer to another party 

6 or to another purpose or place of use in the 

7 State of New Mexico (on or off land that is held 

8 by the United States in trust for the Nation or 

9 a member of the Nation or held in fee by the 

10 Nation) a water right that— 

11 (i) is decreed to the Nation under the 

12 Agreement; and 

13 (ii) is not subject to the Contract. 

14 (B) COMPLIANCE WITH OTHER LAW.—In 

15 carrying out an action under this subsection, 

16 the Nation shall comply with the Agreement, 

17 the Partial Final Decree described in paragraph 

18 3.0 of the Agreement, the Supplemental Partial 

19 Final Decree described in paragraph 4.0 of the 

20 Agreement, and any other applicable law. 

21 (2) ALIENATION; MAXIMUM TERM.— 

22 (A) ALIENATION.—The Nation shall not 

23 permanently alienate any right granted to the 

24 Nation under the Agreement. 
1097 

•S 22 ES

1 (B) MAXIMUM TERM.—The term of any 

2 water use lease, contract, or other arrangement 

3 (including a renewal) under this subsection 

4 shall be not more than 99 years. 

5 (3) NO LIABILITY.—The Secretary shall not be 

6 liable to any party, including the Nation, for any 

7 term of, or any loss or other detriment resulting 

8 from, a lease, contract, or other agreement entered 

9 into pursuant to this subsection. 

10 (4) NONINTERCOURSE ACT COMPLIANCE.—This 

11 subsection— 

12 (A) provides congressional authorization 

13 for the lease, contracting, and transfer of any 

14 water right described in paragraph (1)(A); and 

15 (B) is deemed to fulfill any requirement 

16 that may be imposed by the provisions of sec17 tion 2116 of the Revised Statutes (25 U.S.C. 

18 177). 

19 (5) FORFEITURE.—The nonuse of a water right 

20 of the Nation by a lessee or contractor to the Nation 

21 under this subsection shall not result in forfeiture, 

22 abandonment, relinquishment, or other loss of any 

23 part of a right decreed to the Nation under the Con24 tract or this section. 

25 (e) NULLIFICATION.— 
1098 

•S 22 ES

1 (1) DEADLINES.— 

2 (A) IN GENERAL.—In carrying out this 

3 section, the following deadlines apply with re4 spect to implementation of the Agreement: 

5 (i) AGREEMENT.—Not later than De6 cember 31, 2010, the Secretary shall exe7 cute the Agreement. 

8 (ii) CONTRACT.—Not later than De9 cember 31, 2010, the Secretary and the 

10 Nation shall execute the Contract. 

11 (iii) PARTIAL FINAL DECREE.—Not 

12 later than December 31, 2013, the court in 

13 the stream adjudication shall have entered 

14 the Partial Final Decree described in para15 graph 3.0 of the Agreement. 

16 (iv) FRUITLAND-CAMBRIDGE IRRIGA17 TION PROJECT.—Not later than December 

18 31, 2016, the rehabilitation construction of 

19 the Fruitland-Cambridge Irrigation Project 

20 authorized under section 10607(a)(1) shall 

21 be completed. 

22 (v) SUPPLEMENTAL PARTIAL FINAL

23 DECREE.—Not later than December 31, 

24 2016, the court in the stream adjudication 

25 shall enter the Supplemental Partial Final 
1099 

•S 22 ES

1 Decree described in subparagraph 4.0 of 

2 the Agreement. 

3 (vi) HOGBACK-CUDEI IRRIGATION

4 PROJECT.—Not later than December 31, 

5 2019, the rehabilitation construction of the 

6 Hogback-Cudei Irrigation Project author7 ized under section 10607(a)(2) shall be 

8 completed. 

9 (vii) TRUST FUND.—Not later than 

10 December 31, 2019, the United States 

11 shall make all deposits into the Trust 

12 Fund under section 10702. 

13 (viii) CONJUNCTIVE WELLS.—Not 

14 later than December 31, 2019, the funds 

15 authorized to be appropriated under sec16 tion 10609(b)(1) for the conjunctive use 

17 wells authorized under section 10606(b) 

18 should be appropriated. 

19 (ix) NAVAJO-GALLUP WATER SUPPLY

20 PROJECT.—Not later than December 31, 

21 2024, the construction of all Project facili22 ties shall be completed. 

23 (B) EXTENSION.—A deadline described in 

24 subparagraph (A) may be extended if the Na25 tion, the United States (acting through the Sec-
1100 

•S 22 ES

1 retary), and the State of New Mexico (acting 

2 through the New Mexico Interstate Stream 

3 Commission) agree that an extension is reason4 ably necessary. 

5 (2) REVOCABILITY OF AGREEMENT, CONTRACT

6 AND AUTHORIZATIONS.— 

7 (A) PETITION.—If the Nation determines 

8 that a deadline described in paragraph (1)(A) is 

9 not substantially met, the Nation may submit 

10 to the court in the stream adjudication a peti11 tion to enter an order terminating the Agree12 ment and Contract. 

13 (B) TERMINATION.—On issuance of an 

14 order to terminate the Agreement and Contract 

15 under subparagraph (A)— 

16 (i) the Trust Fund shall be termi17 nated; 

18 (ii) the balance of the Trust Fund 

19 shall be deposited in the general fund of 

20 the Treasury; 

21 (iii) the authorizations for construc22 tion and rehabilitation of water projects 

23 under this subtitle shall be revoked and 

24 any Federal activity related to that con-
1101 

•S 22 ES

1 struction and rehabilitation shall be sus2 pended; and 

3 (iv) this part and parts I and III shall 

4 be null and void. 

5 (3) CONDITIONS NOT CAUSING NULLIFICATION

6 OF SETTLEMENT.— 

7 (A) IN GENERAL.—If a condition described 

8 in subparagraph (B) occurs, the Agreement and 

9 Contract shall not be nullified or terminated. 

10 (B) CONDITIONS.—The conditions referred 

11 to in subparagraph (A) are as follows: 

12 (i) A lack of right to divert at the ca13 pacities of conjunctive use wells con14 structed or rehabilitated under section 

15 10606. 

16 (ii) A failure— 

17 (I) to determine or resolve an ac18 counting of the use of water under 

19 this subtitle in the State of Arizona; 

20 (II) to obtain a necessary water 

21 right for the consumptive use of water 

22 in Arizona; 

23 (III) to contract for the delivery 

24 of water for use in Arizona; or 
1102 

•S 22 ES

1 (IV) to construct and operate a 

2 lateral facility to deliver water to a 

3 community of the Nation in Arizona, 

4 under the Project. 

5 (f) EFFECT ON RIGHTS OF INDIAN TRIBES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), nothing in the Agreement, the Contract, 

8 or this section quantifies or adversely affects the 

9 land and water rights, or claims or entitlements to 

10 water, of any Indian tribe or community other than 

11 the rights, claims, or entitlements of the Nation in, 

12 to, and from the San Juan River Basin in the State 

13 of New Mexico. 

14 (2) EXCEPTION.—The right of the Nation to 

15 use water under water rights the Nation has in 

16 other river basins in the State of New Mexico shall 

17 be forborne to the extent that the Nation supplies 

18 the uses for which the water rights exist by diver19 sions of water from the San Juan River Basin under 

20 the Project consistent with subparagraph 9.13 of the 

21 Agreement. 

22 SEC. 10702. TRUST FUND. 

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

24 Treasury a fund to be known as the ‘‘Navajo Nation 
1103 

•S 22 ES

1 Water Resources Development Trust Fund’’, consisting 

2 of— 

3 (1) such amounts as are appropriated to the 

4 Trust Fund under subsection (f); and 

5 (2) any interest earned on investment of 

6 amounts in the Trust Fund under subsection (d). 

7 (b) USE OF FUNDS.—The Nation may use amounts 

8 in the Trust Fund— 

9 (1) to investigate, construct, operate, maintain, 

10 or replace water project facilities, including facilities 

11 conveyed to the Nation under this subtitle and facili12 ties owned by the United States for which the Na13 tion is responsible for operation, maintenance, and 

14 replacement costs; and 

15 (2) to investigate, implement, or improve a 

16 water conservation measure (including a metering or 

17 monitoring activity) necessary for the Nation to 

18 make use of a water right of the Nation under the 

19 Agreement. 

20 (c) MANAGEMENT.—The Secretary shall manage the 

21 Trust Fund, invest amounts in the Trust Fund pursuant 

22 to subsection (d), and make amounts available from the 

23 Trust Fund for distribution to the Nation in accordance 

24 with the American Indian Trust Fund Management Re25 form Act of 1994 (25 U.S.C. 4001 et seq.). 
1104 

•S 22 ES

1 (d) INVESTMENT OF THE TRUST FUND.—Beginning 

2 on October 1, 2019, the Secretary shall invest amounts 

3 in the Trust Fund in accordance with— 

4 (1) the Act of April 1, 1880 (25 U.S.C. 161); 

5 (2) the first section of the Act of June 24, 

6 1938 (25 U.S.C. 162a); and 

7 (3) the American Indian Trust Fund Manage8 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

9 (e) CONDITIONS FOR EXPENDITURES AND WITH10 DRAWALS.— 

11 (1) TRIBAL MANAGEMENT PLAN.— 

12 (A) IN GENERAL.—Subject to paragraph 

13 (7), on approval by the Secretary of a tribal 

14 management plan in accordance with the Amer15 ican Indian Trust Fund Management Reform 

16 Act of 1994 (25 U.S.C. 4001 et seq.), the Na17 tion may withdraw all or a portion of the 

18 amounts in the Trust Fund. 

19 (B) REQUIREMENTS.—In addition to any 

20 requirements under the American Indian Trust 

21 Fund Management Reform Act of 1994 (25 

22 U.S.C. 4001 et seq.), the tribal management 

23 plan shall require that the Nation only use 

24 amounts in the Trust Fund for the purposes 

25 described in subsection (b), including the identi-
1105 

•S 22 ES

1 fication of water conservation measures to be 

2 implemented in association with the agricultural 

3 water use of the Nation. 

4 (2) ENFORCEMENT.—The Secretary may take 

5 judicial or administrative action to enforce the provi6 sions of any tribal management plan to ensure that 

7 any amounts withdrawn from the Trust Fund are 

8 used in accordance with this subtitle. 

9 (3) NO LIABILITY.—Neither the Secretary nor 

10 the Secretary of the Treasury shall be liable for the 

11 expenditure or investment of any amounts with12 drawn from the Trust Fund by the Nation. 

13 (4) EXPENDITURE PLAN.— 

14 (A) IN GENERAL.—The Nation shall sub15 mit to the Secretary for approval an expendi16 ture plan for any portion of the amounts in the 

17 Trust Fund made available under this section 

18 that the Nation does not withdraw under this 

19 subsection. 

20 (B) DESCRIPTION.—The expenditure plan 

21 shall describe the manner in which, and the 

22 purposes for which, funds of the Nation remain23 ing in the Trust Fund will be used. 

24 (C) APPROVAL.—On receipt of an expendi25 ture plan under subparagraph (A), the Sec-
1106 

•S 22 ES

1 retary shall approve the plan if the Secretary 

2 determines that the plan is reasonable and con3 sistent with this subtitle. 

4 (5) ANNUAL REPORT.—The Nation shall sub5 mit to the Secretary an annual report that describes 

6 any expenditures from the Trust Fund during the 

7 year covered by the report. 

8 (6) LIMITATION.—No portion of the amounts in 

9 the Trust Fund shall be distributed to any Nation 

10 member on a per capita basis. 

11 (7) CONDITIONS.—Any amount authorized to 

12 be appropriated to the Trust Fund under subsection 

13 (f) shall not be available for expenditure or with14 drawal— 

15 (A) before December 31, 2019; and 

16 (B) until the date on which the court in 

17 the stream adjudication has entered— 

18 (i) the Partial Final Decree; and 

19 (ii) the Supplemental Partial Final 

20 Decree. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated for deposit in the Trust 

23 Fund— 

24 (1) $6,000,000 for each of fiscal years 2010 

25 through 2014; and 
1107 

•S 22 ES

1 (2) $4,000,000 for each of fiscal years 2015 

2 through 2019. 

3 SEC. 10703. WAIVERS AND RELEASES. 

4 (a) CLAIMS BY THE NATION AND THE UNITED

5 STATES.—In return for recognition of the Nation’s water 

6 rights and other benefits, including but not limited to the 

7 commitments by other parties, as set forth in the Agree8 ment and this subtitle, the Nation, on behalf of itself and 

9 members of the Nation (other than members in the capac10 ity of the members as allottees), and the United States 

11 acting in its capacity as trustee for the Nation, shall exe12 cute a waiver and release of— 

13 (1) all claims for water rights in, or for waters 

14 of, the San Juan River Basin in the State of New 

15 Mexico that the Nation, or the United States as 

16 trustee for the Nation, asserted, or could have as17 serted, in any proceeding, including but not limited 

18 to the stream adjudication, up to and including the 

19 effective date described in subsection (e), except to 

20 the extent that such rights are recognized in the 

21 Agreement or this subtitle; 

22 (2) all claims for damages, losses, or injuries to 

23 water rights or claims of interference with, diversion, 

24 or taking of water (including but not limited to 

25 claims for injury to lands resulting from such dam-
1108 

•S 22 ES

1 ages, losses, injuries, interference with, diversion, or 

2 taking) in the San Juan River Basin in the State of 

3 New Mexico that accrued at any time up to and in4 cluding the effective date described in subsection (e); 

5 (3) all claims of any damage, loss, or injury or 

6 for injunctive or other relief because of the condition 

7 of or changes in water quality related to, or arising 

8 out of, the exercise of water rights; and 

9 (4) all claims against the State of New Mexico, 

10 its agencies, or employees relating to the negotiation 

11 or the adoption of the Agreement. 

12 (b) CLAIMS BY THE NATION AGAINST THE UNITED

13 STATES.—The Nation, on behalf of itself and its members 

14 (other than in the capacity of the members as allottees), 

15 shall execute a waiver and release of— 

16 (1) all claims against the United States, its 

17 agencies, or employees relating to claims for water 

18 rights in or waters of the San Juan River Basin in 

19 the State of New Mexico that the United States, act20 ing in its capacity as trustee for the Nation, as21 serted, or could have asserted, in any proceeding, in22 cluding but not limited to the stream adjudication; 

23 (2) all claims against the United States, its 

24 agencies, or employees relating to damages, losses, 

25 or injuries to water, water rights, land, or natural 
1109 

•S 22 ES

1 resources due to loss of water or water rights (in2 cluding but not limited to damages, losses, or inju3 ries to hunting, fishing, gathering, or cultural rights 

4 due to loss of water or water rights; claims relating 

5 to inference with, diversion, or taking of water or 

6 water rights; or claims relating to failure to protect, 

7 acquire, replace, or develop water or water rights) in 

8 the San Juan River Basin in the State of New Mex9 ico that first accrued at any time up to and includ10 ing the effective date described in subsection (e); 

11 (3) all claims against the United States, its 

12 agencies, or employees relating to the pending litiga13 tion of claims relating to the Nation’s water rights 

14 in the stream adjudication; and 

15 (4) all claims against the United States, its 

16 agencies, or employees relating to the negotiation, 

17 execution, or the adoption of the Agreement, the de18 crees, the Contract, or this subtitle. 

19 (c) RESERVATION OF CLAIMS.—Notwithstanding the 

20 waivers and releases authorized in this subtitle, the Nation 

21 on behalf of itself and its members (including members 

22 in the capacity of the members as allottees) and the 

23 United States acting in its capacity as trustee for the Na24 tion and allottees, retain— 
1110 

•S 22 ES

1 (1) all claims for water rights or injuries to 

2 water rights arising out of activities occurring out3 side the San Juan River Basin in the State of New 

4 Mexico, subject to paragraphs 8.0, 9.3, 9.12, 9.13, 

5 and 13.9 of the Agreement; 

6 (2) all claims for enforcement of the Agree7 ment, the Contract, the Partial Final Decree, the 

8 Supplemental Partial Final Decree, or this subtitle, 

9 through any legal and equitable remedies available 

10 in any court of competent jurisdiction; 

11 (3) all rights to use and protect water rights ac12 quired pursuant to State law after the date of enact13 ment of this Act; 

14 (4) all claims relating to activities affecting the 

15 quality of water not related to the exercise of water 

16 rights, including but not limited to any claims the 

17 Nation might have under— 

18 (A) the Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 

20 1980 (42 U.S.C. 9601 et seq.); 

21 (B) the Safe Drinking Water Act (42 

22 U.S.C. 300f et seq.); and 

23 (C) the Federal Water Pollution Control 

24 Act (33 U.S.C. 1251 et seq.); 
1111 

•S 22 ES

1 (5) all claims relating to damages, losses, or in2 juries to land or natural resources not due to loss 

3 of water or water rights; and 

4 (6) all rights, remedies, privileges, immunities, 

5 and powers not specifically waived and released 

6 under the terms of the Agreement or this subtitle. 

7 (d) TOLLING OF CLAIMS.— 

8 (1) IN GENERAL.—Each applicable period of 

9 limitation and time-based equitable defense relating 

10 to a claim described in this section shall be tolled for 

11 the period beginning on the date of enactment of 

12 this Act and ending on the earlier of— 

13 (A) March 1, 2025; or 

14 (B) the effective date described in sub15 section (e). 

16 (2) EFFECT OF SUBSECTION.—Nothing in this 

17 subsection revives any claim or tolls any period of 

18 limitation or time-based equitable defense that ex19 pired before the date of enactment of this Act. 

20 (3) LIMITATION.—Nothing in this section pre21 cludes the tolling of any period of limitations or any 

22 time-based equitable defense under any other appli23 cable law. 

24 (e) EFFECTIVE DATE.— 
1112 

•S 22 ES

1 (1) IN GENERAL.—The waivers and releases de2 scribed in subsections (a) and (b) shall be effective 

3 on the date on which the Secretary publishes in the 

4 Federal Register a statement of findings docu5 menting that each of the deadlines described in sec6 tion 10701(e)(1) have been met. 

7 (2) DEADLINE.—If the deadlines described in 

8 section 10701(e)(1)(A) have not been met by the 

9 later of March 1, 2025, or the date of any extension 

10 under section 10701(e)(1)(B)— 

11 (A) the waivers and releases described in 

12 subsections (a) and (b) shall be of no effect; 

13 and 

14 (B) section 10701(e)(2)(B) shall apply. 

15 SEC. 10704. WATER RIGHTS HELD IN TRUST. 

16 A tribal water right adjudicated and described in 

17 paragraph 3.0 of the Partial Final Decree and in para18 graph 3.0 of the Supplemental Partial Final Decree shall 

19 be held in trust by the United States on behalf of the Na20 tion. 
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•S 22 ES

1 Subtitle C—Shoshone-Paiute 

2 Tribes of the Duck Valley Res3 ervation Water Rights Settle4 ment 

5 SEC. 10801. FINDINGS. 

6 Congress finds that— 

7 (1) it is the policy of the United States, in ac8 cordance with the trust responsibility of the United 

9 States to Indian tribes, to promote Indian self-deter10 mination and economic self-sufficiency and to settle 

11 Indian water rights claims without lengthy and cost12 ly litigation, if practicable; 

13 (2) quantifying rights to water and development 

14 of facilities needed to use tribal water supplies is es15 sential to the development of viable Indian reserva16 tion economies and the establishment of a perma17 nent reservation homeland; 

18 (3) uncertainty concerning the extent of the 

19 Shoshone-Paiute Tribes’ water rights has resulted in 

20 limited access to water and inadequate financial re21 sources necessary to achieve self-determination and 

22 self-sufficiency; 

23 (4) in 2006, the Tribes, the State of Idaho, the 

24 affected individual water users, and the United 

25 States resolved all tribal claims to water rights in 
1114 

•S 22 ES

1 the Snake River Basin Adjudication through a con2 sent decree entered by the District Court of the 

3 Fifth Judicial District of the State of Idaho, requir4 ing no further Federal action to quantify the Tribes’ 

5 water rights in the State of Idaho; 

6 (5) as of the date of enactment of this Act, pro7 ceedings to determine the extent and nature of the 

8 water rights of the Tribes in the East Fork of the 

9 Owyhee River in Nevada are pending before the Ne10 vada State Engineer; 

11 (6) final resolution of the Tribes’ water claims 

12 in the East Fork of the Owyhee River adjudication 

13 will— 

14 (A) take many years; 

15 (B) entail great expense; 

16 (C) continue to limit the access of the 

17 Tribes to water, with economic and social con18 sequences; 

19 (D) prolong uncertainty relating to the 

20 availability of water supplies; and 

21 (E) seriously impair long-term economic 

22 planning and development for all parties to the 

23 litigation; 

24 (7) after many years of negotiation, the Tribes, 

25 the State, and the upstream water users have en-
1115 

•S 22 ES

1 tered into a settlement agreement to resolve perma2 nently all water rights of the Tribes in the State; 

3 and 

4 (8) the Tribes also seek to resolve certain 

5 water-related claims for damages against the United 

6 States. 

7 SEC. 10802. PURPOSES. 

8 The purposes of this subtitle are— 

9 (1) to resolve outstanding issues with respect to 

10 the East Fork of the Owyhee River in the State in 

11 such a manner as to provide important benefits to— 

12 (A) the United States; 

13 (B) the State; 

14 (C) the Tribes; and 

15 (D) the upstream water users; 

16 (2) to achieve a fair, equitable, and final settle17 ment of all claims of the Tribes, members of the 

18 Tribes, and the United States on behalf of the 

19 Tribes and members of Tribes to the waters of the 

20 East Fork of the Owyhee River in the State; 

21 (3) to ratify and provide for the enforcement of 

22 the Agreement among the parties to the litigation; 

23 (4) to resolve the Tribes’ water-related claims 

24 for damages against the United States; 
1116 

•S 22 ES

1 (5) to require the Secretary to perform all obli2 gations of the Secretary under the Agreement and 

3 this subtitle; and 

4 (6) to authorize the actions and appropriations 

5 necessary to meet the obligations of the United 

6 States under the Agreement and this subtitle. 

7 SEC. 10803. DEFINITIONS. 

8 In this subtitle: 

9 (1) AGREEMENT.—The term ‘‘Agreement’’ 

10 means the agreement entitled the ‘‘Agreement to Es11 tablish the Relative Water Rights of the Shoshone12 Paiute Tribes of the Duck Valley Reservation and 

13 the Upstream Water Users, East Fork Owyhee 

14 River’’ and signed in counterpart between, on, or 

15 about September 22, 2006, and January 15, 2007 

16 (including all attachments to that Agreement). 

17 (2) DEVELOPMENT FUND.—The term ‘‘Devel18 opment Fund’’ means the Shoshone-Paiute Tribes 

19 Water Rights Development Fund established by sec20 tion 10807(b)(1). 

21 (3) EAST FORK OF THE OWYHEE RIVER.—The 

22 term ‘‘East Fork of the Owyhee River’’ means the 

23 portion of the east fork of the Owyhee River that is 

24 located in the State. 
1117 

•S 22 ES

1 (4) MAINTENANCE FUND.—The term ‘‘Mainte2 nance Fund’’ means the Shoshone-Paiute Tribes Op3 eration and Maintenance Fund established by sec4 tion 10807(c)(1). 

5 (5) RESERVATION.—The term ‘‘Reservation’’ 

6 means the Duck Valley Reservation established by 

7 the Executive order dated April 16, 1877, as ad8 justed pursuant to the Executive order dated May 4, 

9 1886, and Executive order numbered 1222 and 

10 dated July 1, 1910, for use and occupation by the 

11 Western Shoshones and the Paddy Cap Band of Pai12 utes. 

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

14 the Secretary of the Interior. 

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

16 of Nevada. 

17 (8) TRIBAL WATER RIGHTS.—The term ‘‘tribal 

18 water rights’’ means rights of the Tribes described 

19 in the Agreement relating to water, including 

20 groundwater, storage water, and surface water. 

21 (9) TRIBES.—The term ‘‘Tribes’’ means the 

22 Shoshone-Paiute Tribes of the Duck Valley Reserva23 tion. 
1118 

•S 22 ES

1 (10) UPSTREAM WATER USER.—The term ‘‘up2 stream water user’’ means a non-Federal water user 

3 that— 

4 (A) is located upstream from the Reserva5 tion on the East Fork of the Owyhee River; and 

6 (B) is a signatory to the Agreement as a 

7 party to the East Fork of the Owyhee River ad8 judication. 

9 SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMA10 TION OF AGREEMENT; AUTHORIZATION. 

11 (a) IN GENERAL.—Except as provided in subsection 

12 (c) and except to the extent that the Agreement otherwise 

13 conflicts with provisions of this subtitle, the Agreement 

14 is approved, ratified, and confirmed. 

15 (b) SECRETARIAL AUTHORIZATION.—The Secretary 

16 is authorized and directed to execute the Agreement as 

17 approved by Congress. 

18 (c) EXCEPTION FOR TRIBAL WATER MARKETING.— 

19 Notwithstanding any language in the Agreement to the 

20 contrary, nothing in this subtitle authorizes the Tribes to 

21 use or authorize others to use tribal water rights off the 

22 Reservation, other than use for storage at Wild Horse 

23 Reservoir for use on tribal land and for the allocation of 

24 265 acre feet to upstream water users under the Agree25 ment, or use on tribal land off the Reservation. 
1119 

•S 22 ES

1 (d) ENVIRONMENTAL COMPLIANCE.—Execution of 

2 the Agreement by the Secretary under this section shall 

3 not constitute major Federal action under the National 

4 Environmental Policy Act (42 U.S.C. 4321 et seq.). The 

5 Secretary shall carry out all environmental compliance re6 quired by Federal law in implementing the Agreement. 

7 (e) PERFORMANCE OF OBLIGATIONS.—The Secretary 

8 and any other head of a Federal agency obligated under 

9 the Agreement shall perform actions necessary to carry 

10 out an obligation under the Agreement in accordance with 

11 this subtitle. 

12 SEC. 10805. TRIBAL WATER RIGHTS. 

13 (a) IN GENERAL.—Tribal water rights shall be held 

14 in trust by the United States for the benefit of the Tribes. 

15 (b) ADMINISTRATION.— 

16 (1) ENACTMENT OF WATER CODE.—Not later 

17 than 3 years after the date of enactment of this Act, 

18 the Tribes, in accordance with provisions of the 

19 Tribes’ constitution and subject to the approval of 

20 the Secretary, shall enact a water code to administer 

21 tribal water rights. 

22 (2) INTERIM ADMINISTRATION.—The Secretary 

23 shall regulate the tribal water rights during the pe24 riod beginning on the date of enactment of this Act 
1120 

•S 22 ES

1 and ending on the date on which the Tribes enact 

2 a water code under paragraph (1). 

3 (c) TRIBAL WATER RIGHTS NOT SUBJECT TO

4 LOSS.—The tribal water rights shall not be subject to loss 

5 by abandonment, forfeiture, or nonuse. 

6 SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT. 

7 (a) STATUS OF THE DUCK VALLEY INDIAN IRRIGA8 TION PROJECT.—Nothing in this subtitle shall affect the 

9 status of the Duck Valley Indian Irrigation Project under 

10 Federal law. 

11 (b) CAPITAL COSTS NONREIMBURSABLE.—The cap12 ital costs associated with the Duck Valley Indian Irriga13 tion Project as of the date of enactment of this Act, in14 cluding any capital cost incurred with funds distributed 

15 under this subtitle for the Duck Valley Indian Irrigation 

16 Project, shall be nonreimbursable. 

17 SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS. 

18 (a) DEFINITION OF FUNDS.—In this section, the 

19 term ‘‘Funds’’ means— 

20 (1) the Development Fund; and 

21 (2) the Maintenance Fund. 

22 (b) DEVELOPMENT FUND.— 

23 (1) ESTABLISHMENT.—There is established in 

24 the Treasury of the United States a fund to be 
1121 

•S 22 ES

1 known as the ‘‘Shoshone-Paiute Tribes Water 

2 Rights Development Fund’’. 

3 (2) USE OF FUNDS.— 

4 (A) PRIORITY USE OF FUNDS FOR REHA5 BILITATION.—The Tribes shall use amounts in 

6 the Development Fund to— 

7 (i) rehabilitate the Duck Valley Indian 

8 Irrigation Project; or 

9 (ii) for other purposes under subpara10 graph (B), provided that the Tribes have 

11 given written notification to the Secretary 

12 that— 

13 (I) the Duck Valley Indian Irri14 gation Project has been rehabilitated 

15 to an acceptable condition; or 

16 (II) sufficient funds will remain 

17 available from the Development Fund 

18 to rehabilitate the Duck Valley Indian 

19 Irrigation Project to an acceptable 

20 condition after expending funds for 

21 other purposes under subparagraph 

22 (B). 

23 (B) OTHER USES OF FUNDS.—Once the 

24 Tribes have provided written notification as 

25 provided in subparagraph (A)(ii)(I) or 
1122 

•S 22 ES

1 (A)(ii)(II), the Tribes may use amounts from 

2 the Development Fund for any of the following 

3 purposes: 

4 (i) To expand the Duck Valley Indian 

5 Irrigation Project. 

6 (ii) To pay or reimburse costs in7 curred by the Tribes in acquiring land and 

8 water rights. 

9 (iii) For purposes of cultural preserva10 tion. 

11 (iv) To restore or improve fish or 

12 wildlife habitat. 

13 (v) For fish or wildlife production, 

14 water resource development, or agricultural 

15 development. 

16 (vi) For water resource planning and 

17 development. 

18 (vii) To pay the costs of— 

19 (I) designing and constructing 

20 water supply and sewer systems for 

21 tribal communities, including a water 

22 quality testing laboratory; 

23 (II) other appropriate water-re24 lated projects and other related eco25 nomic development projects; 
1123 

•S 22 ES

1 (III) the development of a water 

2 code; and 

3 (IV) other costs of implementing 

4 the Agreement. 

5 (3) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to the Sec7 retary for deposit in the Development Fund 

8 $9,000,000 for each of fiscal years 2010 through 

9 2014. 

10 (c) MAINTENANCE FUND.— 

11 (1) ESTABLISHMENT.—There is established in 

12 the Treasury of the United States a fund to be 

13 known as the ‘‘Shoshone-Paiute Tribes Operation 

14 and Maintenance Fund’’. 

15 (2) USE OF FUNDS.—The Tribes shall use 

16 amounts in the Maintenance Fund to pay or provide 

17 reimbursement for— 

18 (A) operation, maintenance, and replace19 ment costs of the Duck Valley Indian Irrigation 

20 Project and other water-related projects funded 

21 under this subtitle; or 

22 (B) operation, maintenance, and replace23 ment costs of water supply and sewer systems 

24 for tribal communities, including the operation 
1124 

•S 22 ES

1 and maintenance costs of a water quality test2 ing laboratory. 

3 (3) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to the Sec5 retary for deposit in the Maintenance Fund 

6 $3,000,000 for each of fiscal years 2010 through 

7 2014. 

8 (d) AVAILABILITY OF AMOUNTS FROM FUNDS.— 

9 Amounts made available under subsections (b)(3) and 

10 (c)(3) shall be available for expenditure or withdrawal only 

11 after the effective date described in section 10808(d). 

12 (e) ADMINISTRATION OF FUNDS.—Upon completion 

13 of the actions described in section 10808(d), the Sec14 retary, in accordance with the American Indian Trust 

15 Fund Management Reform Act of 1994 (25 U.S.C. 4001 

16 et seq.) shall manage the Funds, including by investing 

17 amounts from the Funds in accordance with the Act of 

18 April 1, 1880 (25 U.S.C. 161), and the first section of 

19 the Act of June 24, 1938 (25 U.S.C. 162a). 

20 (f) EXPENDITURES AND WITHDRAWAL.— 

21 (1) TRIBAL MANAGEMENT PLAN.— 

22 (A) IN GENERAL.—The Tribes may with23 draw all or part of amounts in the Funds on 

24 approval by the Secretary of a tribal manage25 ment plan as described in the American Indian 
1125 

•S 22 ES

1 Trust Fund Management Reform Act of 1994 

2 (25 U.S.C. 4001 et seq.). 

3 (B) REQUIREMENTS.—In addition to the 

4 requirements under the American Indian Trust 

5 Fund Management Reform Act of 1994 (25 

6 U.S.C. 4001 et seq.), the tribal management 

7 plan shall require that the Tribes spend any 

8 amounts withdrawn from the Funds in accord9 ance with the purposes described in subsection 

10 (b)(2) or (c)(2). 

11 (C) ENFORCEMENT.—The Secretary may 

12 take judicial or administrative action to enforce 

13 the provisions of any tribal management plan to 

14 ensure that any amounts withdrawn from the 

15 Funds under the plan are used in accordance 

16 with this subtitle and the Agreement. 

17 (D) LIABILITY.—If the Tribes exercise the 

18 right to withdraw amounts from the Funds, 

19 neither the Secretary nor the Secretary of the 

20 Treasury shall retain any liability for the ex21 penditure or investment of the amounts. 

22 (2) EXPENDITURE PLAN.— 

23 (A) IN GENERAL.—The Tribes shall sub24 mit to the Secretary for approval an expendi25 ture plan for any portion of the amounts in the 
1126 

•S 22 ES

1 Funds that the Tribes do not withdraw under 

2 the tribal management plan. 

3 (B) DESCRIPTION.—The expenditure plan 

4 shall describe the manner in which, and the 

5 purposes for which, amounts of the Tribes re6 maining in the Funds will be used. 

7 (C) APPROVAL.—On receipt of an expendi8 ture plan under subparagraph (A), the Sec9 retary shall approve the plan if the Secretary 

10 determines that the plan is reasonable and con11 sistent with this subtitle and the Agreement. 

12 (D) ANNUAL REPORT.—For each Fund, 

13 the Tribes shall submit to the Secretary an an14 nual report that describes all expenditures from 

15 the Fund during the year covered by the report. 

16 (3) FUNDING AGREEMENT.—Notwithstanding 

17 any other provision of this subtitle, on receipt of a 

18 request from the Tribes, the Secretary shall include 

19 an amount from funds made available under this 

20 section in the funding agreement of the Tribes under 

21 title IV of the Indian Self-Determination and Edu22 cation Assistance Act (25 U.S.C. 458aa et seq.), for 

23 use in accordance with subsections (b)(2) and (c)(2). 

24 No amount made available under this subtitle may 
1127 

•S 22 ES

1 be requested until the waivers under section 

2 10808(a) take effect. 

3 (g) NO PER CAPITA PAYMENTS.—No amount from 

4 the Funds (including any interest income that would have 

5 accrued to the Funds after the effective date) shall be dis6 tributed to a member of the Tribes on a per capita basis. 

7 SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS. 

8 (a) WAIVER AND RELEASE OF CLAIMS BY TRIBES

9 AND UNITED STATES ACTING AS TRUSTEE FOR

10 TRIBES.—In return for recognition of the Tribes’ water 

11 rights and other benefits as set forth in the Agreement 

12 and this subtitle, the Tribes, on behalf of themselves and 

13 their members, and the United States acting in its capac14 ity as trustee for the Tribes are authorized to execute a 

15 waiver and release of— 

16 (1) all claims for water rights in the State of 

17 Nevada that the Tribes, or the United States acting 

18 in its capacity as trustee for the Tribes, asserted, or 

19 could have asserted, in any proceeding, including 

20 pending proceedings before the Nevada State Engi21 neer to determine the extent and nature of the water 

22 rights of the Tribes in the East Fork of the Owyhee 

23 River in Nevada, up to and including the effective 

24 date, except to the extent that such rights are recog25 nized in the Agreement or this subtitle; and 
1128 

•S 22 ES

1 (2) all claims for damages, losses or injuries to 

2 water rights or claims of interference with, diversion 

3 or taking of water rights (including claims for injury 

4 to lands resulting from such damages, losses, inju5 ries, interference with, diversion, or taking of water 

6 rights) within the State of Nevada that accrued at 

7 any time up to and including the effective date. 

8 (b) WAIVER AND RELEASE OF CLAIMS BY TRIBES

9 AGAINST UNITED STATES.—The Tribes, on behalf of 

10 themselves and their members, are authorized to execute 

11 a waiver and release of— 

12 (1) all claims against the United States, its 

13 agencies, or employees, relating in any manner to 

14 claims for water rights in or water of the States of 

15 Nevada and Idaho that the United States acting in 

16 its capacity as trustee for the Tribes asserted, or 

17 could have asserted, in any proceeding, including 

18 pending proceedings before the Nevada State Engi19 neer to determine the extent and nature of the water 

20 rights of the Tribes in the East Fork of the Owyhee 

21 River in Nevada, and the Snake River Basin Adju22 dication in Idaho; 

23 (2) all claims against the United States, its 

24 agencies, or employees relating in any manner to 

25 damages, losses, or injuries to water, water rights, 
1129 

•S 22 ES

1 land, or other resources due to loss of water or 

2 water rights (including damages, losses or injuries to 

3 fishing and other similar rights due to loss of water 

4 or water rights; claims relating to interference with, 

5 diversion or taking of water; or claims relating to 

6 failure to protect, acquire, replace, or develop water, 

7 water rights or water infrastructure) within the 

8 States of Nevada and Idaho that first accrued at 

9 any time up to and including the effective date; 

10 (3) all claims against the United States, its 

11 agencies, or employees relating to the operation, 

12 maintenance, or rehabilitation of the Duck Valley 

13 Indian Irrigation Project that first accrued at any 

14 time up to and including the date upon which the 

15 Tribes notify the Secretary as provided in section 

16 10807(b)(2)(A)(ii)(I) that the rehabilitation of the 

17 Duck Valley Indian Irrigation Project under this 

18 subtitle to an acceptable level has been accom19 plished; 

20 (4) all claims against the United States, its 

21 agencies, or employees relating in any manner to the 

22 litigation of claims relating to the Tribes’ water 

23 rights in pending proceedings before the Nevada 

24 State Engineer to determine the extent and nature 

25 of the water rights of the Tribes in the East Fork 
1130 

•S 22 ES

1 of the Owyhee River in Nevada or the Snake River 

2 Basin Adjudication in Idaho; and 

3 (5) all claims against the United States, its 

4 agencies, or employees relating in any manner to the 

5 negotiation, execution, or adoption of the Agree6 ment, exhibits thereto, the decree referred to in sub7 section (d)(2), or this subtitle. 

8 (c) RESERVATION OF RIGHTS AND RETENTION OF

9 CLAIMS.—Notwithstanding the waivers and releases au10 thorized in this subtitle, the Tribes on their own behalf 

11 and the United States acting in its capacity as trustee for 

12 the Tribes retain— 

13 (1) all claims for enforcement of the Agree14 ment, the decree referred to in subsection (d)(2), or 

15 this subtitle, through such legal and equitable rem16 edies as may be available in the decree court or the 

17 appropriate Federal court; 

18 (2) all rights to acquire a water right in a State 

19 to the same extent as any other entity in the State, 

20 in accordance with State law, and to use and protect 

21 water rights acquired after the date of enactment of 

22 this Act; 

23 (3) all claims relating to activities affecting the 

24 quality of water including any claims the Tribes 

25 might have under the Comprehensive Environmental 
1131 

•S 22 ES

1 Response, Compensation, and Liability Act of 1980 

2 (42 U.S.C. 9601 et seq.) (including claims for dam3 ages to natural resources), the Safe Drinking Water 

4 Act (42 U.S.C. 300f et seq.), the Federal Water Pol5 lution Control Act (33 U.S.C. 1251 et seq.), and the 

6 regulations implementing those Acts; and 

7 (4) all rights, remedies, privileges, immunities, 

8 and powers not specifically waived and released pur9 suant to this subtitle. 

10 (d) EFFECTIVE DATE.—Notwithstanding anything in 

11 the Agreement to the contrary, the waivers by the Tribes, 

12 or the United States on behalf of the Tribes, under this 

13 section shall take effect on the date on which the Secretary 

14 publishes in the Federal Register a statement of findings 

15 that includes a finding that— 

16 (1) the Agreement and the waivers and releases 

17 authorized and set forth in subsections (a) and (b) 

18 have been executed by the parties and the Secretary; 

19 (2) the Fourth Judicial District Court, Elko 

20 County, Nevada, has issued a judgment and decree 

21 consistent with the Agreement from which no fur22 ther appeal can be taken; and 

23 (3) the amounts authorized under subsections 

24 (b)(3) and (c)(3) of section 10807 have been appro25 priated. 
1132 

•S 22 ES

1 (e) FAILURE TO PUBLISH STATEMENT OF FIND2 INGS.—If the Secretary does not publish a statement of 

3 findings under subsection (d) by March 31, 2016— 

4 (1) the Agreement and this subtitle shall not 

5 take effect; and 

6 (2) any funds that have been appropriated 

7 under this subtitle shall immediately revert to the 

8 general fund of the United States Treasury. 

9 (f) TOLLING OF CLAIMS.— 

10 (1) IN GENERAL.—Each applicable period of 

11 limitation and time-based equitable defense relating 

12 to a claim described in this section shall be tolled for 

13 the period beginning on the date of enactment of 

14 this Act and ending on the date on which the 

15 amounts authorized to be appropriated under sub16 sections (b)(3) and (c)(3) of section 10807 are ap17 propriated. 

18 (2) EFFECT OF SUBPARAGRAPH.—Nothing in 

19 this subparagraph revives any claim or tolls any pe20 riod of limitation or time-based equitable defense 

21 that expired before the date of enactment of this 

22 Act. 
1133 

•S 22 ES

1 SEC. 10809. MISCELLANEOUS. 

2 (a) GENERAL DISCLAIMER.—The parties to the 

3 Agreement expressly reserve all rights not specifically 

4 granted, recognized, or relinquished by— 

5 (1) the settlement described in the Agreement; 

6 or 

7 (2) this subtitle. 

8 (b) LIMITATION OF CLAIMS AND RIGHTS.—Nothing 

9 in this subtitle— 

10 (1) establishes a standard for quantifying— 

11 (A) a Federal reserved water right; 

12 (B) an aboriginal claim; or 

13 (C) any other water right claim of an In14 dian tribe in a judicial or administrative pro15 ceeding; 

16 (2) affects the ability of the United States, act17 ing in its sovereign capacity, to take actions author18 ized by law, including any laws relating to health, 

19 safety, or the environment, including the Com20 prehensive Environmental Response, Compensation, 

21 and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 

22 the Safe Drinking Water Act (42 U.S.C. 300f et 

23 seq.), the Federal Water Pollution Control Act (33 

24 U.S.C. 1251 et seq.), the Solid Waste Disposal Act 

25 (42 U.S.C. 6901 et seq.) (commonly known as the 

26 ‘‘Resource Conservation and Recovery Act of 
1134 

•S 22 ES

1 1976’’), and the regulations implementing those 

2 Acts; 

3 (3) affects the ability of the United States to 

4 take actions, acting in its capacity as trustee for any 

5 other Tribe, Pueblo, or allottee; 

6 (4) waives any claim of a member of the Tribes 

7 in an individual capacity that does not derive from 

8 a right of the Tribes; or 

9 (5) limits the right of a party to the Agreement 

10 to litigate any issue not resolved by the Agreement 

11 or this subtitle. 

12 (c) ADMISSION AGAINST INTEREST.—Nothing in this 

13 subtitle constitutes an admission against interest by a 

14 party in any legal proceeding. 

15 (d) RESERVATION.—The Reservation shall be— 

16 (1) considered to be the property of the Tribes; 

17 and 

18 (2) permanently held in trust by the United 

19 States for the sole use and benefit of the Tribes. 

20 (e) JURISDICTION.— 

21 (1) SUBJECT MATTER JURISDICTION.—Nothing 

22 in the Agreement or this subtitle restricts, enlarges, 

23 or otherwise determines the subject matter jurisdic24 tion of any Federal, State, or tribal court. 
1135 

•S 22 ES

1 (2) CIVIL OR REGULATORY JURISDICTION.— 

2 Nothing in the Agreement or this subtitle impairs or 

3 impedes the exercise of any civil or regulatory au4 thority of the United States, the State, or the 

5 Tribes. 

6 (3) CONSENT TO JURISDICTION.—The United 

7 States consents to jurisdiction in a proper forum for 

8 purposes of enforcing the provisions of the Agree9 ment. 

10 (4) EFFECT OF SUBSECTION.—Nothing in this 

11 subsection confers jurisdiction on any State court 

12 to— 

13 (A) interpret Federal law regarding the 

14 health, safety, or the environment or determine 

15 the duties of the United States or other parties 

16 pursuant to such Federal law; or 

17 (B) conduct judicial review of a Federal 

18 agency action. 

19 TITLE XI—UNITED STATES GEO20 LOGICAL SURVEY AUTHOR21 IZATIONS 

22 SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEO23 LOGIC MAPPING ACT OF 1992. 

24 (a) FINDINGS.—Section 2(a) of the National Geologic 

25 Mapping Act of 1992 (43 U.S.C. 31a(a)) is amended— 
1136 

•S 22 ES

1 (1) by striking paragraph (1) and inserting the 

2 following: 

3 ‘‘(1) although significant progress has been 

4 made in the production of geologic maps since the 

5 establishment of the national cooperative geologic 

6 mapping program in 1992, no modern, digital, geo7 logic map exists for approximately 75 percent of the 

8 United States;’’; and 

9 (2) in paragraph (2)— 

10 (A) in subparagraph (C), by inserting 

11 ‘‘homeland and’’ after ‘‘planning for’’; 

12 (B) in subparagraph (E), by striking ‘‘pre13 dicting’’ and inserting ‘‘identifying’’; 

14 (C) in subparagraph (I), by striking ‘‘and’’ 

15 after the semicolon at the end; 

16 (D) by redesignating subparagraph (J) as 

17 subparagraph (K); and 

18 (E) by inserting after subparagraph (I) the 

19 following: 

20 ‘‘(J) recreation and public awareness; 

21 and’’; and 

22 (3) in paragraph (9), by striking ‘‘important’’ 

23 and inserting ‘‘available’’. 
1137 

•S 22 ES

1 (b) PURPOSE.—Section 2(b) of the National Geologic 

2 Mapping Act of 1992 (43 U.S.C. 31a(b)) is amended by 

3 inserting ‘‘and management’’ before the period at the end. 

4 (c) DEADLINES FOR ACTIONS BY THE UNITED

5 STATES GEOLOGICAL SURVEY.—Section 4(b)(1) of the 

6 National Geologic Mapping Act of 1992 (43 U.S.C. 

7 31c(b)(1)) is amended in the second sentence— 

8 (1) in subparagraph (A), by striking ‘‘not later 

9 than’’ and all that follows through the semicolon and 

10 inserting ‘‘not later than 1 year after the date of en11 actment of the Omnibus Public Land Management 

12 Act of 2009;’’; 

13 (2) in subparagraph (B), by striking ‘‘not later 

14 than’’ and all that follows through ‘‘in accordance’’ 

15 and inserting ‘‘not later than 1 year after the date 

16 of enactment of the Omnibus Public Land Manage17 ment Act of 2009 in accordance’’; and 

18 (3) in the matter preceding clause (i) of sub19 paragraph (C), by striking ‘‘not later than’’ and all 

20 that follows through ‘‘submit’’ and inserting ‘‘submit 

21 biennially’’. 

22 (d) GEOLOGIC MAPPING PROGRAM OBJECTIVES.— 

23 Section 4(c)(2) of the National Geologic Mapping Act of 

24 1992 (43 U.S.C. 31c(c)(2)) is amended— 
1138 

•S 22 ES

1 (1) by striking ‘‘geophysical-map data base, 

2 geochemical-map data base, and a’’; and 

3 (2) by striking ‘‘provide’’ and inserting ‘‘pro4 vides’’. 

5 (e) GEOLOGIC MAPPING PROGRAM COMPONENTS.— 

6 Section 4(d)(1)(B)(ii) of the National Geologic Mapping 

7 Act of 1992 (43 U.S.C. 31c(d)(1)(B)(ii)) is amended— 

8 (1) in subclause (I), by striking ‘‘and’’ after the 

9 semicolon at the end; 

10 (2) in subclause (II), by striking the period at 

11 the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(III) the needs of land manage14 ment agencies of the Department of 

15 the Interior.’’. 

16 (f) GEOLOGIC MAPPING ADVISORY COMMITTEE.— 

17 (1) MEMBERSHIP.—Section 5(a) of the Na18 tional Geologic Mapping Act of 1992 (43 U.S.C. 

19 31d(a)) is amended— 

20 (A) in paragraph (2)— 

21 (i) by inserting ‘‘the Secretary of the 

22 Interior or a designee from a land manage23 ment agency of the Department of the In24 terior,’’ after ‘‘Administrator of the Envi-
1139 

•S 22 ES

1 ronmental Protection Agency or a des2 ignee,’’; 

3 (ii) by inserting ‘‘and’’ after ‘‘Energy 

4 or a designee,’’; and 

5 (iii) by striking ‘‘, and the Assistant 

6 to the President for Science and Tech7 nology or a designee’’; and 

8 (B) in paragraph (3)— 

9 (i) by striking ‘‘Not later than’’ and 

10 all that follows through ‘‘consultation’’ and 

11 inserting ‘‘In consultation’’; 

12 (ii) by striking ‘‘Chief Geologist, as 

13 Chairman’’ and inserting ‘‘Associate Direc14 tor for Geology, as Chair’’; and 

15 (iii) by striking ‘‘one representative 

16 from the private sector’’ and inserting ‘‘2 

17 representatives from the private sector’’. 

18 (2) DUTIES.—Section 5(b) of the National Geo19 logic Mapping Act of 1992 (43 U.S.C. 31d(b)) is 

20 amended— 

21 (A) in paragraph (2), by striking ‘‘and’’ at 

22 the end; 

23 (B) by redesignating paragraph (3) as 

24 paragraph (4); and 
1140 

•S 22 ES

1 (C) by inserting after paragraph (2) the 

2 following: 

3 ‘‘(3) provide a scientific overview of geologic 

4 maps (including maps of geologic-based hazards) 

5 used or disseminated by Federal agencies for regula6 tion or land-use planning; and’’. 

7 (3) CONFORMING AMENDMENT.—Section 

8 5(a)(1) of the National Geologic Mapping Act of 

9 1992 (43 U.S.C. 31d(a)(1)) is amended by striking 

10 ‘‘10-member’’ and inserting ‘‘11-member’’. 

11 (g) FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATA12 BASE.—Section 7(a) of the National Geologic Mapping 

13 Act of 1992 (43 U.S.C. 31f(a)) is amended— 

14 (1) in paragraph (1), by striking ‘‘geologic 

15 map’’ and inserting ‘‘geologic-map’’; and 

16 (2) in paragraph (2), by striking subparagraph 

17 (A) and inserting the following: 

18 ‘‘(A) all maps developed with funding pro19 vided by the National Cooperative Geologic 

20 Mapping Program, including under the Federal, 

21 State, and education components;’’. 

22 (h) BIENNIAL REPORT.—Section 8 of the National 

23 Geologic Mapping Act of 1992 (43 U.S.C. 31g) is amend24 ed by striking ‘‘Not later’’ and all that follows through 

25 ‘‘biennially’’ and inserting ‘‘Not later than 3 years after 
1141 

•S 22 ES

1 the date of enactment of the Omnibus Public Land Man2 agement Act of 2009 and biennially’’. 

3 (i) AUTHORIZATION OF APPROPRIATIONS; ALLOCA4 TION.—Section 9 of the National Geologic Mapping Act 

5 of 1992 (43 U.S.C. 31h) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) IN GENERAL.—There is authorized to be appro9 priated to carry out this Act $64,000,000 for each of fiscal 

10 years 2009 through 2018.’’; and 

11 (2) in subsection (b)— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘2000’’ and inserting ‘‘2005’’; 

14 (B) in paragraph (1), by striking ‘‘48’’ and 

15 inserting ‘‘50’’; and 

16 (C) in paragraph (2), by striking 2 and in17 serting ‘‘4’’. 

18 SEC. 11002. NEW MEXICO WATER RESOURCES STUDY. 

19 (a) IN GENERAL.—The Secretary of the Interior, act20 ing through the Director of the United States Geological 

21 Survey (referred to in this section as the ‘‘Secretary’’), 

22 in coordination with the State of New Mexico (referred 

23 to in this section as the ‘‘State’’) and any other entities 

24 that the Secretary determines to be appropriate (including 

25 other Federal agencies and institutions of higher edu-
1142 

•S 22 ES

1 cation), shall, in accordance with this section and any 

2 other applicable law, conduct a study of water resources 

3 in the State, including— 

4 (1) a survey of groundwater resources, includ5 ing an analysis of— 

6 (A) aquifers in the State, including the 

7 quantity of water in the aquifers; 

8 (B) the availability of groundwater re9 sources for human use; 

10 (C) the salinity of groundwater resources; 

11 (D) the potential of the groundwater re12 sources to recharge; 

13 (E) the interaction between groundwater 

14 and surface water; 

15 (F) the susceptibility of the aquifers to 

16 contamination; and 

17 (G) any other relevant criteria; and 

18 (2) a characterization of surface and bedrock 

19 geology, including the effect of the geology on 

20 groundwater yield and quality. 

21 (b) STUDY AREAS.—The study carried out under 

22 subsection (a) shall include the Estancia Basin, Salt 

23 Basin, Tularosa Basin, Hueco Basin, and middle Rio 

24 Grande Basin in the State. 
1143 

•S 22 ES

1 (c) REPORT.—Not later than 2 years after the date 

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

3 the Committee on Energy and Natural Resources of the 

4 Senate and the Committee on Resources of the House of 

5 Representatives a report that describes the results of the 

6 study. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary to carry out this section. 

10 TITLE XII—OCEANS 

11 Subtitle A—Ocean Exploration 

12 PART I—EXPLORATION 

13 SEC. 12001. PURPOSE. 

14 The purpose of this part is to establish the national 

15 ocean exploration program and the national undersea re16 search program within the National Oceanic and Atmos17 pheric Administration. 

18 SEC. 12002. PROGRAM ESTABLISHED. 

19 The Administrator of the National Oceanic and At20 mospheric Administration shall, in consultation with the 

21 National Science Foundation and other appropriate Fed22 eral agencies, establish a coordinated national ocean explo23 ration program within the National Oceanic and Atmos24 pheric Administration that promotes collaboration with 

25 other Federal ocean and undersea research and explo-
1144 

•S 22 ES

1 ration programs. To the extent appropriate, the Adminis2 trator shall seek to facilitate coordination of data and in3 formation management systems, outreach and education 

4 programs to improve public understanding of ocean and 

5 coastal resources, and development and transfer of tech6 nologies to facilitate ocean and undersea research and ex7 ploration. 

8 SEC. 12003. POWERS AND DUTIES OF THE ADMINISTRATOR. 

9 (a) IN GENERAL.—In carrying out the program au10 thorized by section 12002, the Administrator of the Na11 tional Oceanic and Atmospheric Administration shall— 

12 (1) conduct interdisciplinary voyages or other 

13 scientific activities in conjunction with other Federal 

14 agencies or academic or educational institutions, to 

15 explore and survey little known areas of the marine 

16 environment, inventory, observe, and assess living 

17 and nonliving marine resources, and report such 

18 findings; 

19 (2) give priority attention to deep ocean re20 gions, with a focus on deep water marine systems 

21 that hold potential for important scientific discov22 eries, such as hydrothermal vent communities and 

23 seamounts; 

24 (3) conduct scientific voyages to locate, define, 

25 and document historic shipwrecks, submerged sites, 
1145 

•S 22 ES

1 and other ocean exploration activities that combine 

2 archaeology and oceanographic sciences; 

3 (4) develop and implement, in consultation with 

4 the National Science Foundation, a transparent, 

5 competitive process for merit-based peer-review and 

6 approval of proposals for activities to be conducted 

7 under this program, taking into consideration advice 

8 of the Board established under section 12005; 

9 (5) enhance the technical capability of the 

10 United States marine science community by pro11 moting the development of improved oceanographic 

12 research, communication, navigation, and data col13 lection systems, as well as underwater platforms and 

14 sensor and autonomous vehicles; and 

15 (6) establish an ocean exploration forum to en16 courage partnerships and promote communication 

17 among experts and other stakeholders in order to 

18 enhance the scientific and technical expertise and 

19 relevance of the national program. 

20 (b) DONATIONS.—The Administrator may accept do21 nations of property, data, and equipment to be applied for 

22 the purpose of exploring the oceans or increasing knowl23 edge of the oceans. 
1146 

•S 22 ES

1 SEC. 12004. OCEAN EXPLORATION AND UNDERSEA RE2 SEARCH TECHNOLOGY AND INFRASTRUC3 TURE TASK FORCE. 

4 (a) IN GENERAL.—The Administrator of the Na5 tional Oceanic and Atmospheric Administration, in coordi6 nation with the National Science Foundation, the National 

7 Aeronautics and Space Administration, the United States 

8 Geological Survey, the Department of the Navy, the Min9 eral Management Service, and relevant governmental, 

10 non-governmental, academic, industry, and other experts, 

11 shall convene an ocean exploration and undersea research 

12 technology and infrastructure task force to develop and 

13 implement a strategy— 

14 (1) to facilitate transfer of new exploration and 

15 undersea research technology to the programs au16 thorized under this part and part II of this subtitle; 

17 (2) to improve availability of communications 

18 infrastructure, including satellite capabilities, to 

19 such programs; 

20 (3) to develop an integrated, workable, and 

21 comprehensive data management information proc22 essing system that will make information on unique 

23 and significant features obtained by such programs 

24 available for research and management purposes; 

25 (4) to conduct public outreach activities that 

26 improve the public understanding of ocean science, 
1147 

•S 22 ES

1 resources, and processes, in conjunction with rel2 evant programs of the National Oceanic and Atmos3 pheric Administration, the National Science Founda4 tion, and other agencies; and 

5 (5) to encourage cost-sharing partnerships with 

6 governmental and nongovernmental entities that will 

7 assist in transferring exploration and undersea re8 search technology and technical expertise to the pro9 grams. 

10 (b) BUDGET COORDINATION.—The task force shall 

11 coordinate the development of agency budgets and identify 

12 the items in their annual budget that support the activities 

13 identified in the strategy developed under subsection (a). 

14 SEC. 12005. OCEAN EXPLORATION ADVISORY BOARD. 

15 (a) ESTABLISHMENT.—The Administrator of the Na16 tional Oceanic and Atmospheric Administration shall ap17 point an Ocean Exploration Advisory Board composed of 

18 experts in relevant fields— 

19 (1) to advise the Administrator on priority 

20 areas for survey and discovery; 

21 (2) to assist the program in the development of 

22 a 5-year strategic plan for the fields of ocean, ma23 rine, and Great Lakes science, exploration, and dis24 covery; 
1148 

•S 22 ES

1 (3) to annually review the quality and effective2 ness of the proposal review process established under 

3 section 12003(a)(4); and 

4 (4) to provide other assistance and advice as re5 quested by the Administrator. 

6 (b) FEDERAL ADVISORY COMMITTEE ACT.—Section 

7 14 of the Federal Advisory Committee Act (5 U.S.C. 

8 App.) shall not apply to the Board appointed under sub9 section (a). 

10 (c) APPLICATION WITH OUTER CONTINENTAL

11 SHELF LANDS ACT.—Nothing in part supersedes, or lim12 its the authority of the Secretary of the Interior under 

13 the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

14 et seq.). 

15 SEC. 12006. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated to the Na17 tional Oceanic and Atmospheric Administration to carry 

18 out this part— 

19 (1) $33,550,000 for fiscal year 2009; 

20 (2) $36,905,000 for fiscal year 2010; 

21 (3) $40,596,000 for fiscal year 2011; 

22 (4) $44,655,000 for fiscal year 2012; 

23 (5) $49,121,000 for fiscal year 2013; 

24 (6) $54,033,000 for fiscal year 2014; and 

25 (7) $59,436,000 for fiscal year 2015. 
1149 

•S 22 ES

1 PART II—NOAA UNDERSEA RESEARCH PROGRAM 

2 ACT OF 2009 

3 SEC. 12101. SHORT TITLE. 

4 This part may be cited as the ‘‘NOAA Undersea Re5 search Program Act of 2009’’. 

6 SEC. 12102. PROGRAM ESTABLISHED. 

7 (a) IN GENERAL.—The Administrator of the Na8 tional Oceanic and Atmospheric Administration shall es9 tablish and maintain an undersea research program and 

10 shall designate a Director of that program. 

11 (b) PURPOSE.—The purpose of the program is to in12 crease scientific knowledge essential for the informed man13 agement, use, and preservation of oceanic, marine, and 

14 coastal areas and the Great Lakes. 

15 SEC. 12103. POWERS OF PROGRAM DIRECTOR. 

16 The Director of the program, in carrying out the pro17 gram, shall— 

18 (1) cooperate with institutions of higher edu19 cation and other educational marine and ocean 

20 science organizations, and shall make available un21 dersea research facilities, equipment, technologies, 

22 information, and expertise to support undersea re23 search efforts by these organizations; 

24 (2) enter into partnerships, as appropriate and 

25 using existing authorities, with the private sector to 

26 achieve the goals of the program and to promote 
1150 

•S 22 ES

1 technological advancement of the marine industry; 

2 and 

3 (3) coordinate the development of agency budg4 ets and identify the items in their annual budget 

5 that support the activities described in paragraphs 

6 (1) and (2). 

7 SEC. 12104. ADMINISTRATIVE STRUCTURE. 

8 (a) IN GENERAL.—The program shall be conducted 

9 through a national headquarters, a network of extramural 

10 regional undersea research centers that represent all rel11 evant National Oceanic and Atmospheric Administration 

12 regions, and the National Institute for Undersea Science 

13 and Technology. 

14 (b) DIRECTION.—The Director shall develop the over15 all direction of the program in coordination with a Council 

16 of Center Directors comprised of the directors of the ex17 tramural regional centers and the National Institute for 

18 Undersea Science and Technology. The Director shall pub19 lish a draft program direction document not later than 

20 1 year after the date of enactment of this Act in the Fed21 eral Register for a public comment period of not less than 

22 120 days. The Director shall publish a final program di23 rection, including responses to the comments received dur24 ing the public comment period, in the Federal Register 

25 within 90 days after the close of the comment period. The 
1151 

•S 22 ES

1 program director shall update the program direction, with 

2 opportunity for public comment, at least every 5 years. 

3 SEC. 12105. RESEARCH, EXPLORATION, EDUCATION, AND 

4 TECHNOLOGY PROGRAMS. 

5 (a) IN GENERAL.—The following research, explo6 ration, education, and technology programs shall be con7 ducted through the network of regional centers and the 

8 National Institute for Undersea Science and Technology: 

9 (1) Core research and exploration based on na10 tional and regional undersea research priorities. 

11 (2) Advanced undersea technology development 

12 to support the National Oceanic and Atmospheric 

13 Administration’s research mission and programs. 

14 (3) Undersea science-based education and out15 reach programs to enrich ocean science education 

16 and public awareness of the oceans and Great 

17 Lakes. 

18 (4) Development, testing, and transition of ad19 vanced undersea technology associated with ocean 

20 observatories, submersibles, advanced diving tech21 nologies, remotely operated vehicles, autonomous un22 derwater vehicles, and new sampling and sensing 

23 technologies. 
1152 

•S 22 ES

1 (5) Discovery, study, and development of nat2 ural resources and products from ocean, coastal, and 

3 aquatic systems. 

4 (b) OPERATIONS.—The Director of the program, 

5 through operation of the extramural regional centers and 

6 the National Institute for Undersea Science and Tech7 nology, shall leverage partnerships and cooperative re8 search with academia and private industry. 

9 SEC. 12106. COMPETITIVENESS. 

10 (a) DISCRETIONARY FUND.—The Program shall allo11 cate no more than 10 percent of its annual budget to a 

12 discretionary fund that may be used only for program ad13 ministration and priority undersea research projects iden14 tified by the Director but not covered by funding available 

15 from centers. 

16 (b) COMPETITIVE SELECTION.—The Administrator 

17 shall conduct an initial competition to select the regional 

18 centers that will participate in the program 90 days after 

19 the publication of the final program direction under sec20 tion 12104 and every 5 years thereafter. Funding for 

21 projects conducted through the regional centers shall be 

22 awarded through a competitive, merit-reviewed process on 

23 the basis of their relevance to the goals of the program 

24 and their technical feasibility. 
1153 

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1 SEC. 12107. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Na3 tional Oceanic and Atmospheric Administration— 

4 (1) for fiscal year 2009— 

5 (A) $13,750,000 for the regional centers, 

6 of which 50 percent shall be for West Coast re7 gional centers and 50 percent shall be for East 

8 Coast regional centers; and 

9 (B) $5,500,000 for the National Tech10 nology Institute; 

11 (2) for fiscal year 2010— 

12 (A) $15,125,000 for the regional centers, 

13 of which 50 percent shall be for West Coast re14 gional centers and 50 percent shall be for East 

15 Coast regional centers; and 

16 (B) $6,050,000 for the National Tech17 nology Institute; 

18 (3) for fiscal year 2011— 

19 (A) $16,638,000 for the regional centers, 

20 of which 50 percent shall be for West Coast re21 gional centers and 50 percent shall be for East 

22 Coast regional centers; and 

23 (B) $6,655,000 for the National Tech24 nology Institute; 

25 (4) for fiscal year 2012— 
1154 

•S 22 ES

1 (A) $18,301,000 for the regional centers, 

2 of which 50 percent shall be for West Coast re3 gional centers and 50 percent shall be for East 

4 Coast regional centers; and 

5 (B) $7,321,000 for the National Tech6 nology Institute; 

7 (5) for fiscal year 2013— 

8 (A) $20,131,000 for the regional centers, 

9 of which 50 percent shall be for West Coast re10 gional centers and 50 percent shall be for East 

11 Coast regional centers; and 

12 (B) $8,053,000 for the National Tech13 nology Institute; 

14 (6) for fiscal year 2014— 

15 (A) $22,145,000 for the regional centers, 

16 of which 50 percent shall be for West Coast re17 gional centers and 50 percent shall be for East 

18 Coast regional centers; and 

19 (B) $8,859,000 for the National Tech20 nology Institute; and 

21 (7) for fiscal year 2015— 

22 (A) $24,359,000 for the regional centers, 

23 of which 50 percent shall be for West Coast re24 gional centers and 50 percent shall be for East 

25 Coast regional centers; and 
1155 

•S 22 ES

1 (B) $9,744,000 for the National Tech2 nology Institute. 

3 Subtitle B—Ocean and Coastal 

4 Mapping Integration Act 

5 SEC. 12201. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Ocean and Coastal 

7 Mapping Integration Act’’. 

8 SEC. 12202. ESTABLISHMENT OF PROGRAM. 

9 (a) IN GENERAL.—The President, in coordination 

10 with the Interagency Committee on Ocean and Coastal 

11 Mapping and affected coastal states, shall establish a pro12 gram to develop a coordinated and comprehensive Federal 

13 ocean and coastal mapping plan for the Great Lakes and 

14 coastal state waters, the territorial sea, the exclusive eco15 nomic zone, and the continental shelf of the United States 

16 that enhances ecosystem approaches in decision-making 

17 for conservation and management of marine resources and 

18 habitats, establishes research and mapping priorities, sup19 ports the siting of research and other platforms, and ad20 vances ocean and coastal science. 

21 (b) MEMBERSHIP.—The Committee shall be com22 prised of high-level representatives of the Department of 

23 Commerce, through the National Oceanic and Atmos24 pheric Administration, the Department of the Interior, the 

25 National Science Foundation, the Department of Defense, 
1156 

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1 the Environmental Protection Agency, the Department of 

2 Homeland Security, the National Aeronautics and Space 

3 Administration, and other appropriate Federal agencies 

4 involved in ocean and coastal mapping. 

5 (c) PROGRAM PARAMETERS.—In developing such a 

6 program, the President, through the Committee, shall— 

7 (1) identify all Federal and federally-funded 

8 programs conducting shoreline delineation and ocean 

9 or coastal mapping, noting geographic coverage, fre10 quency, spatial coverage, resolution, and subject 

11 matter focus of the data and location of data ar12 chives; 

13 (2) facilitate cost-effective, cooperative mapping 

14 efforts that incorporate policies for contracting with 

15 non-governmental entities among all Federal agen16 cies conducting ocean and coastal mapping, by in17 creasing data sharing, developing appropriate data 

18 acquisition and metadata standards, and facilitating 

19 the interoperability of in situ data collection systems, 

20 data processing, archiving, and distribution of data 

21 products; 

22 (3) facilitate the adaptation of existing tech23 nologies as well as foster expertise in new ocean and 

24 coastal mapping technologies, including through re25 search, development, and training conducted among 
1157 

•S 22 ES

1 Federal agencies and in cooperation with non-gov2 ernmental entities; 

3 (4) develop standards and protocols for testing 

4 innovative experimental mapping technologies and 

5 transferring new technologies between the Federal 

6 Government, coastal state, and non-governmental 

7 entities; 

8 (5) provide for the archiving, management, and 

9 distribution of data sets through a national registry 

10 as well as provide mapping products and services to 

11 the general public in service of statutory require12 ments; 

13 (6) develop data standards and protocols con14 sistent with standards developed by the Federal Geo15 graphic Data Committee for use by Federal, coastal 

16 state, and other entities in mapping and otherwise 

17 documenting locations of federally permitted activi18 ties, living and nonliving coastal and marine re19 sources, marine ecosystems, sensitive habitats, sub20 merged cultural resources, undersea cables, offshore 

21 aquaculture projects, offshore energy projects, and 

22 any areas designated for purposes of environmental 

23 protection or conservation and management of living 

24 and nonliving coastal and marine resources; 
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1 (7) identify the procedures to be used for co2 ordinating the collection and integration of Federal 

3 ocean and coastal mapping data with coastal state 

4 and local government programs; 

5 (8) facilitate, to the extent practicable, the col6 lection of real-time tide data and the development of 

7 hydrodynamic models for coastal areas to allow for 

8 the application of V-datum tools that will facilitate 

9 the seamless integration of onshore and offshore 

10 maps and charts; 

11 (9) establish a plan for the acquisition and col12 lection of ocean and coastal mapping data; and 

13 (10) set forth a timetable for completion and 

14 implementation of the plan. 

15 SEC. 12203. INTERAGENCY COMMITTEE ON OCEAN AND 

16 COASTAL MAPPING. 

17 (a) IN GENERAL.—The Administrator of the Na18 tional Oceanic and Atmospheric Administration, within 30 

19 days after the date of enactment of this Act, shall convene 

20 or utilize an existing interagency committee on ocean and 

21 coastal mapping to implement section 12202. 

22 (b) MEMBERSHIP.—The committee shall be com23 prised of senior representatives from Federal agencies 

24 with ocean and coastal mapping and surveying responsibil25 ities. The representatives shall be high-ranking officials of 
1159 

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1 their respective agencies or departments and, whenever 

2 possible, the head of the portion of the agency or depart3 ment that is most relevant to the purposes of this subtitle. 

4 Membership shall include senior representatives from the 

5 National Oceanic and Atmospheric Administration, the 

6 Chief of Naval Operations, the United States Geological 

7 Survey, the Minerals Management Service, the National 

8 Science Foundation, the National Geospatial-Intelligence 

9 Agency, the United States Army Corps of Engineers, the 

10 Coast Guard, the Environmental Protection Agency, the 

11 Federal Emergency Management Agency, the National 

12 Aeronautics and Space Administration, and other appro13 priate Federal agencies involved in ocean and coastal map14 ping. 

15 (c) CO-CHAIRMEN.—The Committee shall be co16 chaired by the representative of the Department of Com17 merce and a representative of the Department of the Inte18 rior. 

19 (d) SUBCOMMITTEE.—The co-chairmen shall estab20 lish a subcommittee to carry out the day-to-day work of 

21 the Committee, comprised of senior representatives of any 

22 member agency of the committee. Working groups may 

23 be formed by the full Committee to address issues of short 

24 duration. The subcommittee shall be chaired by the rep25 resentative from the National Oceanic and Atmospheric 
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1 Administration. The chairmen of the Committee may cre2 ate such additional subcommittees and working groups as 

3 may be needed to carry out the work of Committee. 

4 (e) MEETINGS.—The committee shall meet on a 

5 quarterly basis, but each subcommittee and each working 

6 group shall meet on an as-needed basis. 

7 (f) COORDINATION.—The committee shall coordinate 

8 activities when appropriate, with— 

9 (1) other Federal efforts, including the Digital 

10 Coast, Geospatial One-Stop, and the Federal Geo11 graphic Data Committee; 

12 (2) international mapping activities; 

13 (3) coastal states; 

14 (4) user groups through workshops and other 

15 appropriate mechanisms; and 

16 (5) representatives of nongovernmental entities. 

17 (g) ADVISORY PANEL.—The Administrator may con18 vene an ocean and coastal mapping advisory panel con19 sisting of representatives from non-governmental entities 

20 to provide input regarding activities of the committee in 

21 consultation with the interagency committee. 

22 SEC. 12204. BIENNIAL REPORTS. 

23 No later than 18 months after the date of enactment 

24 of this Act, and biennially thereafter, the co-chairmen of 

25 the Committee shall transmit to the Committees on Com-
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•S 22 ES

1 merce, Science, and Transportation and Energy and Nat2 ural Resources of the Senate and the Committee on Nat3 ural Resources of the House of Representatives a report 

4 detailing progress made in implementing this subtitle, in5 cluding— 

6 (1) an inventory of ocean and coastal mapping 

7 data within the territorial sea and the exclusive eco8 nomic zone and throughout the Continental Shelf of 

9 the United States, noting the age and source of the 

10 survey and the spatial resolution (metadata) of the 

11 data; 

12 (2) identification of priority areas in need of 

13 survey coverage using present technologies; 

14 (3) a resource plan that identifies when priority 

15 areas in need of modern ocean and coastal mapping 

16 surveys can be accomplished; 

17 (4) the status of efforts to produce integrated 

18 digital maps of ocean and coastal areas; 

19 (5) a description of any products resulting from 

20 coordinated mapping efforts under this subtitle that 

21 improve public understanding of the coasts and 

22 oceans, or regulatory decisionmaking; 

23 (6) documentation of minimum and desired 

24 standards for data acquisition and integrated 

25 metadata; 
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1 (7) a statement of the status of Federal efforts 

2 to leverage mapping technologies, coordinate map3 ping activities, share expertise, and exchange data; 

4 (8) a statement of resource requirements for or5 ganizations to meet the goals of the program, includ6 ing technology needs for data acquisition, proc7 essing, and distribution systems; 

8 (9) a statement of the status of efforts to de9 classify data gathered by the Navy, the National 

10 Geospatial-Intelligence Agency, and other agencies 

11 to the extent possible without jeopardizing national 

12 security, and make it available to partner agencies 

13 and the public; 

14 (10) a resource plan for a digital coast inte15 grated mapping pilot project for the northern Gulf 

16 of Mexico that will— 

17 (A) cover the area from the authorized 

18 coastal counties through the territorial sea; 

19 (B) identify how such a pilot project will 

20 leverage public and private mapping data and 

21 resources, such as the United States Geological 

22 Survey National Map, to result in an oper23 ational coastal change assessment program for 

24 the subregion; 
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1 (11) the status of efforts to coordinate Federal 

2 programs with coastal state and local government 

3 programs and leverage those programs; 

4 (12) a description of efforts of Federal agencies 

5 to increase contracting with nongovernmental enti6 ties; and 

7 (13) an inventory and description of any new 

8 Federal or federally funded programs conducting 

9 shoreline delineation and ocean or coastal mapping 

10 since the previous reporting cycle. 

11 SEC. 12205. PLAN. 

12 (a) IN GENERAL.—Not later than 6 months after the 

13 date of enactment of this Act, the Administrator, in con14 sultation with the Committee, shall develop and submit to 

15 the Congress a plan for an integrated ocean and coastal 

16 mapping initiative within the National Oceanic and At17 mospheric Administration. 

18 (b) PLAN REQUIREMENTS.—The plan shall— 

19 (1) identify and describe all ocean and coastal 

20 mapping programs within the agency, including 

21 those that conduct mapping or related activities in 

22 the course of existing missions, such as hydrographic 

23 surveys, ocean exploration projects, living marine re24 source conservation and management programs, 
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•S 22 ES

1 coastal zone management projects, and ocean and 

2 coastal observations and science projects; 

3 (2) establish priority mapping programs and es4 tablish and periodically update priorities for geo5 graphic areas in surveying and mapping across all 

6 missions of the National Oceanic and Atmospheric 

7 Administration, as well as minimum data acquisition 

8 and metadata standards for those programs; 

9 (3) encourage the development of innovative 

10 ocean and coastal mapping technologies and applica11 tions, through research and development through co12 operative or other agreements with joint or coopera13 tive research institutes or centers and with other 

14 non-governmental entities; 

15 (4) document available and developing tech16 nologies, best practices in data processing and dis17 tribution, and leveraging opportunities with other 

18 Federal agencies, coastal states, and non-govern19 mental entities; 

20 (5) identify training, technology, and other re21 source requirements for enabling the National Oce22 anic and Atmospheric Administration’s programs, 

23 vessels, and aircraft to support a coordinated ocean 

24 and coastal mapping program; 
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1 (6) identify a centralized mechanism or office 

2 for coordinating data collection, processing, 

3 archiving, and dissemination activities of all such 

4 mapping programs within the National Oceanic and 

5 Atmospheric Administration that meets Federal 

6 mandates for data accuracy and accessibility and 

7 designate a repository that is responsible for 

8 archiving and managing the distribution of all ocean 

9 and coastal mapping data to simplify the provision 

10 of services to benefit Federal and coastal state pro11 grams; and 

12 (7) set forth a timetable for implementation 

13 and completion of the plan, including a schedule for 

14 submission to the Congress of periodic progress re15 ports and recommendations for integrating ap16 proaches developed under the initiative into the 

17 interagency program. 

18 (c) NOAA JOINT OCEAN AND COASTAL MAPPING

19 CENTERS.—The Administrator may maintain and operate 

20 up to 3 joint ocean and coastal mapping centers, including 

21 a joint hydrographic center, which shall each be co-located 

22 with an institution of higher education. The centers shall 

23 serve as hydrographic centers of excellence and may con24 duct activities necessary to carry out the purposes of this 

25 subtitle, including— 
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1 (1) research and development of innovative 

2 ocean and coastal mapping technologies, equipment, 

3 and data products; 

4 (2) mapping of the United States Outer Conti5 nental Shelf and other regions; 

6 (3) data processing for nontraditional data and 

7 uses; 

8 (4) advancing the use of remote sensing tech9 nologies, for related issues, including mapping and 

10 assessment of essential fish habitat and of coral re11 sources, ocean observations, and ocean exploration; 

12 and 

13 (5) providing graduate education and training 

14 in ocean and coastal mapping sciences for members 

15 of the National Oceanic and Atmospheric Adminis16 tration Commissioned Officer Corps, personnel of 

17 other agencies with ocean and coastal mapping pro18 grams, and civilian personnel. 

19 (d) NOAA REPORT.—The Administrator shall con20 tinue developing a strategy for expanding contracting with 

21 non-governmental entities to minimize duplication and 

22 take maximum advantage of nongovernmental capabilities 

23 in fulfilling the Administration’s mapping and charting re24 sponsibilities. Within 120 days after the date of enactment 

25 of this Act, the Administrator shall transmit a report de-
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1 scribing the strategy developed under this subsection to 

2 the Committee on Commerce, Science, and Transportation 

3 of the Senate and the Committee on Natural Resources 

4 of the House of Representatives. 

5 SEC. 12206. EFFECT ON OTHER LAWS. 

6 Nothing in this subtitle shall be construed to super7 sede or alter the existing authorities of any Federal agency 

8 with respect to ocean and coastal mapping. 

9 SEC. 12207. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—In addition to the amounts au11 thorized by section 306 of the Hydrographic Services Im12 provement Act of 1998 (33 U.S.C. 892d), there are au13 thorized to be appropriated to the Administrator to carry 

14 out this subtitle— 

15 (1) $26,000,000 for fiscal year 2009; 

16 (2) $32,000,000 for fiscal year 2010; 

17 (3) $38,000,000 for fiscal year 2011; and 

18 (4) $45,000,000 for each of fiscal years 2012 

19 through 2015. 

20 (b) JOINT OCEAN AND COASTAL MAPPING CEN21 TERS.—Of the amounts appropriated pursuant to sub22 section (a), the following amounts shall be used to carry 

23 out section 12205(c) of this subtitle: 

24 (1) $11,000,000 for fiscal year 2009. 

25 (2) $12,000,000 for fiscal year 2010. 
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•S 22 ES

1 (3) $13,000,000 for fiscal year 2011. 

2 (4) $15,000,000 for each of fiscal years 2012 

3 through 2015. 

4 (c) COOPERATIVE AGREEMENTS.—To carry out 

5 interagency activities under section 12203 of this subtitle, 

6 the head of any department or agency may execute a coop7 erative agreement with the Administrator, including those 

8 authorized by section 5 of the Act of August 6, 1947 (33 

9 U.S.C. 883e). 

10 SEC. 12208. DEFINITIONS. 

11 In this subtitle: 

12 (1) ADMINISTRATOR.—The term ‘‘Adminis13 trator’ ’’ means the Administrator of the National 

14 Oceanic and Atmospheric Administration. 

15 (2) COASTAL STATE.—The term ‘‘coastal state’’ 

16 has the meaning given that term by section 304(4) 

17 of the Coastal Zone Management Act of 1972 (16 

18 U.S.C. 1453(4). 

19 (3) COMMITTEE.—The term ‘‘Committee’’ 

20 means the Interagency Ocean and Coastal Mapping 

21 Committee established by section 12203. 

22 (4) EXCLUSIVE ECONOMIC ZONE.—The term 

23 ‘‘exclusive economic zone’’ means the exclusive eco24 nomic zone of the United States established by Pres25 idential Proclamation No. 5030, of March 10, 1983. 
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•S 22 ES

1 (5) OCEAN AND COASTAL MAPPING.—The term 

2 ‘‘ocean and coastal mapping’’ means the acquisition, 

3 processing, and management of physical, biological, 

4 geological, chemical, and archaeological characteris5 tics and boundaries of ocean and coastal areas, re6 sources, and sea beds through the use of acoustics, 

7 satellites, aerial photogrammetry, light and imaging, 

8 direct sampling, and other mapping technologies. 

9 (6) TERRITORIAL SEA.—The term ‘‘territorial 

10 sea’’ means the belt of sea measured from the base11 line of the United States determined in accordance 

12 with international law, as set forth in Presidential 

13 Proclamation Number 5928, dated December 27, 

14 1988. 

15 (7) NONGOVERNMENTAL ENTITIES.—The term 

16 ‘‘nongovernmental entities’’ includes nongovern17 mental organizations, members of the academic com18 munity, and private sector organizations that pro19 vide products and services associated with meas20 uring, locating, and preparing maps, charts, surveys, 

21 aerial photographs, satellite imagines, or other 

22 graphical or digital presentations depicting natural 

23 or manmade physical features, phenomena, and legal 

24 boundaries of the Earth. 
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1 (8) OUTER CONTINENTAL SHELF.—The term 

2 ‘‘Outer Continental Shelf’’ means all submerged 

3 lands lying seaward and outside of lands beneath 

4 navigable waters (as that term is defined in section 

5 2 of the Submerged Lands Act (43 U.S.C. 1301)), 

6 and of which the subsoil and seabed appertain to the 

7 United States and are subject to its jurisdiction and 

8 control. 

9 Subtitle C—Integrated Coastal and 

10 Ocean Observation System Act 

11 of 2009 

12 SEC. 12301. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Integrated Coastal 

14 and Ocean Observation System Act of 2009’’. 

15 SEC. 12302. PURPOSES. 

16 The purposes of this subtitle are to— 

17 (1) establish a national integrated System of 

18 ocean, coastal, and Great Lakes observing systems, 

19 comprised of Federal and non-Federal components 

20 coordinated at the national level by the National 

21 Ocean Research Leadership Council and at the re22 gional level by a network of regional information co23 ordination entities, and that includes in situ, remote, 

24 and other coastal and ocean observation, tech25 nologies, and data management and communication 
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•S 22 ES

1 systems, and is designed to address regional and na2 tional needs for ocean information, to gather specific 

3 data on key coastal, ocean, and Great Lakes vari4 ables, and to ensure timely and sustained dissemina5 tion and availability of these data to— 

6 (A) support national defense, marine com7 merce, navigation safety, weather, climate, and 

8 marine forecasting, energy siting and produc9 tion, economic development, ecosystem-based 

10 marine, coastal, and Great Lakes resource man11 agement, public safety, and public outreach 

12 training and education; 

13 (B) promote greater public awareness and 

14 stewardship of the Nation’s ocean, coastal, and 

15 Great Lakes resources and the general public 

16 welfare; and 

17 (C) enable advances in scientific under18 standing to support the sustainable use, con19 servation, management, and understanding of 

20 healthy ocean, coastal, and Great Lakes re21 sources; 

22 (2) improve the Nation’s capability to measure, 

23 track, explain, and predict events related directly 

24 and indirectly to weather and climate change, nat25 ural climate variability, and interactions between the 
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•S 22 ES

1 oceanic and atmospheric environments, including the 

2 Great Lakes; and 

3 (3) authorize activities to promote basic and ap4 plied research to develop, test, and deploy innova5 tions and improvements in coastal and ocean obser6 vation technologies, modeling systems, and other sci7 entific and technological capabilities to improve our 

8 conceptual understanding of weather and climate, 

9 ocean-atmosphere dynamics, global climate change, 

10 physical, chemical, and biological dynamics of the 

11 ocean, coastal and Great Lakes environments, and 

12 to conserve healthy and restore degraded coastal 

13 ecosystems. 

14 SEC. 12303. DEFINITIONS. 

15 In this subtitle: 

16 (1) ADMINISTRATOR.—The term ‘‘Adminis17 trator’’ means the Under Secretary of Commerce for 

18 Oceans and Atmosphere in the Under Secretary’s 

19 capacity as Administrator of the National Oceanic 

20 and Atmospheric Administration. 

21 (2) COUNCIL.—The term ‘‘Council’’ means the 

22 National Ocean Research Leadership Council estab23 lished by section 7902 of title 10, United States 

24 Code. 
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•S 22 ES

1 (3) FEDERAL ASSETS.—The term ‘‘Federal as2 sets’’ means all relevant non-classified civilian coast3 al and ocean observations, technologies, and related 

4 modeling, research, data management, basic and ap5 plied technology research and development, and pub6 lic education and outreach programs, that are man7 aged by member agencies of the Council. 

8 (4) INTERAGENCY OCEAN OBSERVATION COM9 MITTEE.—The term ‘‘Interagency Ocean Observa10 tion Committee’’ means the committee established 

11 under section 12304(c)(2). 

12 (5) NON-FEDERAL ASSETS.—The term ‘‘non13 Federal assets’’ means all relevant coastal and ocean 

14 observation technologies, related basic and applied 

15 technology research and development, and public 

16 education and outreach programs that are integrated 

17 into the System and are managed through States, 

18 regional organizations, universities, nongovernmental 

19 organizations, or the private sector. 

20 (6) REGIONAL INFORMATION COORDINATION

21 ENTITIES.— 

22 (A) IN GENERAL.—The term ‘‘regional in23 formation coordination entity’’ means an orga24 nizational body that is certified or established 

25 by contract or memorandum by the lead Fed-
1174 

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1 eral agency designated in section 12304(c)(3) of 

2 this subtitle and coordinates State, Federal, 

3 local, and private interests at a regional level 

4 with the responsibility of engaging the private 

5 and public sectors in designing, operating, and 

6 improving regional coastal and ocean observing 

7 systems in order to ensure the provision of data 

8 and information that meet the needs of user 

9 groups from the respective regions. 

10 (B) CERTAIN INCLUDED ASSOCIATIONS.— 

11 The term ‘‘regional information coordination 

12 entity’’ includes regional associations described 

13 in the System Plan. 

14 (7) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Commerce, acting through the Na16 tional Oceanic and Atmospheric Administration. 

17 (8) SYSTEM.—The term ‘‘System’’ means the 

18 National Integrated Coastal and Ocean Observation 

19 System established under section 12304. 

20 (9) SYSTEM PLAN.—The term ‘‘System Plan’’ 

21 means the plan contained in the document entitled 

22 ‘‘Ocean. US Publication No. 9, The First Integrated 

23 Ocean Observing System (IOOS) Development 

24 Plan’’, as updated by the Council under this subtitle. 
1175 

•S 22 ES

1 SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVING 

2 SYSTEM. 

3 (a) ESTABLISHMENT.—The President, acting 

4 through the Council, shall establish a National Integrated 

5 Coastal and Ocean Observation System to fulfill the pur6 poses set forth in section 12302 of this subtitle and the 

7 System Plan and to fulfill the Nation’s international obli8 gations to contribute to the Global Earth Observation Sys9 tem of Systems and the Global Ocean Observing System. 

10 (b) SYSTEM ELEMENTS.— 

11 (1) IN GENERAL.—In order to fulfill the pur12 poses of this subtitle, the System shall be national 

13 in scope and consist of— 

14 (A) Federal assets to fulfill national and 

15 international observation missions and prior16 ities; 

17 (B) non-Federal assets, including a net18 work of regional information coordination enti19 ties identified under subsection (c)(4), to fulfill 

20 regional observation missions and priorities; 

21 (C) data management, communication, and 

22 modeling systems for the timely integration and 

23 dissemination of data and information products 

24 from the System; 
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•S 22 ES

1 (D) a research and development program 

2 conducted under the guidance of the Council, 

3 consisting of— 

4 (i) basic and applied research and 

5 technology development to improve under6 standing of coastal and ocean systems and 

7 their relationships to human activities and 

8 to ensure improvement of operational as9 sets and products, including related infra10 structure, observing technologies, and in11 formation and data processing and man12 agement technologies; and 

13 (ii) large scale computing resources 

14 and research to advance modeling of coast15 al and ocean processes. 

16 (2) ENHANCING ADMINISTRATION AND MAN17 AGEMENT.—The head of each Federal agency that 

18 has administrative jurisdiction over a Federal asset 

19 shall support the purposes of this subtitle and may 

20 take appropriate actions to enhance internal agency 

21 administration and management to better support, 

22 integrate, finance, and utilize observation data, 

23 products, and services developed under this section 

24 to further its own agency mission and responsibil25 ities. 
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1 (3) AVAILABILITY OF DATA.—The head of each 

2 Federal agency that has administrative jurisdiction 

3 over a Federal asset shall make available data that 

4 are produced by that asset and that are not other5 wise restricted for integration, management, and dis6 semination by the System. 

7 (4) NON-FEDERAL ASSETS.—Non-Federal as8 sets shall be coordinated, as appropriate, by the 

9 Interagency Ocean Observing Committee or by re10 gional information coordination entities. 

11 (c) POLICY OVERSIGHT, ADMINISTRATION, AND RE12 GIONAL COORDINATION.— 

13 (1) COUNCIL FUNCTIONS.—The Council shall 

14 serve as the policy and coordination oversight body 

15 for all aspects of the System. In carrying out its re16 sponsibilities under this subtitle, the Council shall— 

17 (A) approve and adopt comprehensive Sys18 tem budgets developed and maintained by the 

19 Interagency Ocean Observation Committee to 

20 support System operations, including operations 

21 of both Federal and non-Federal assets; 

22 (B) ensure coordination of the System with 

23 other domestic and international earth observ24 ing activities including the Global Ocean Ob25 serving System and the Global Earth Observing 
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•S 22 ES

1 System of Systems, and provide, as appropriate, 

2 support for and representation on United 

3 States delegations to international meetings on 

4 coastal and ocean observing programs; and 

5 (C) encourage coordinated intramural and 

6 extramural research and technology develop7 ment, and a process to transition developing 

8 technology and methods into operations of the 

9 System. 

10 (2) INTERAGENCY OCEAN OBSERVATION COM11 MITTEE.—The Council shall establish or designate 

12 an Interagency Ocean Observation Committee which 

13 shall— 

14 (A) prepare annual and long-term plans 

15 for consideration and approval by the Council 

16 for the integrated design, operation, mainte17 nance, enhancement and expansion of the Sys18 tem to meet the objectives of this subtitle and 

19 the System Plan; 

20 (B) develop and transmit to Congress at 

21 the time of submission of the President’s an22 nual budget request an annual coordinated, 

23 comprehensive budget to operate all elements of 

24 the System identified in subsection (b), and to 
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•S 22 ES

1 ensure continuity of data streams from Federal 

2 and non-Federal assets; 

3 (C) establish required observation data 

4 variables to be gathered by both Federal and 

5 non-Federal assets and identify, in consultation 

6 with regional information coordination entities, 

7 priorities for System observations; 

8 (D) establish protocols and standards for 

9 System data processing, management, and com10 munication; 

11 (E) develop contract certification stand12 ards and compliance procedures for all non13 Federal assets, including regional information 

14 coordination entities, to establish eligibility for 

15 integration into the System and to ensure com16 pliance with all applicable standards and proto17 cols established by the Council, and ensure that 

18 regional observations are integrated into the 

19 System on a sustained basis; 

20 (F) identify gaps in observation coverage 

21 or needs for capital improvements of both Fed22 eral assets and non-Federal assets; 

23 (G) subject to the availability of appropria24 tions, establish through one or more partici25 pating Federal agencies, in consultation with 
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•S 22 ES

1 the System advisory committee established 

2 under subsection (d), a competitive matching 

3 grant or other programs— 

4 (i) to promote intramural and extra5 mural research and development of new, 

6 innovative, and emerging observation tech7 nologies including testing and field trials; 

8 and 

9 (ii) to facilitate the migration of new, 

10 innovative, and emerging scientific and 

11 technological advances from research and 

12 development to operational deployment; 

13 (H) periodically review and recommend to 

14 the Council, in consultation with the Adminis15 trator, revisions to the System Plan; 

16 (I) ensure collaboration among Federal 

17 agencies participating in the activities of the 

18 Committee; and 

19 (J) perform such additional duties as the 

20 Council may delegate. 

21 (3) LEAD FEDERAL AGENCY.—The National 

22 Oceanic and Atmospheric Administration shall func23 tion as the lead Federal agency for the implementa24 tion and administration of the System, in consulta25 tion with the Council, the Interagency Ocean Obser-
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1 vation Committee, other Federal agencies that main2 tain portions of the System, and the regional infor3 mation coordination entities, and shall— 

4 (A) establish an Integrated Ocean Observ5 ing Program Office within the National Oceanic 

6 and Atmospheric Administration utilizing to the 

7 extent necessary, personnel from member agen8 cies participating on the Interagency Ocean Ob9 servation Committee, to oversee daily operations 

10 and coordination of the System; 

11 (B) implement policies, protocols, and 

12 standards approved by the Council and dele13 gated by the Interagency Ocean Observing 

14 Committee; 

15 (C) promulgate program guidelines to cer16 tify and integrate non-Federal assets, including 

17 regional information coordination entities, into 

18 the System to provide regional coastal and 

19 ocean observation data that meet the needs of 

20 user groups from the respective regions; 

21 (D) have the authority to enter into and 

22 oversee contracts, leases, grants or cooperative 

23 agreements with non-Federal assets, including 

24 regional information coordination entities, to 
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1 support the purposes of this subtitle on such 

2 terms as the Administrator deems appropriate; 

3 (E) implement a merit-based, competitive 

4 funding process to support non-Federal assets, 

5 including the development and maintenance of 

6 a network of regional information coordination 

7 entities, and develop and implement a process 

8 for the periodic review and evaluation of all 

9 non-Federal assets, including regional informa10 tion coordination entities; 

11 (F) provide opportunities for competitive 

12 contracts and grants for demonstration projects 

13 to design, develop, integrate, deploy, and sup14 port components of the System; 

15 (G) establish efficient and effective admin16 istrative procedures for allocation of funds 

17 among contractors, grantees, and non-Federal 

18 assets, including regional information coordina19 tion entities in a timely manner, and contingent 

20 on appropriations according to the budget 

21 adopted by the Council; 

22 (H) develop and implement a process for 

23 the periodic review and evaluation of regional 

24 information coordination entities; 
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1 (I) formulate an annual process by which 

2 gaps in observation coverage or needs for cap3 ital improvements of Federal assets and non4 Federal assets of the System are identified by 

5 the regional information coordination entities, 

6 the Administrator, or other members of the 

7 System and transmitted to the Interagency 

8 Ocean Observing Committee; 

9 (J) develop and be responsible for a data 

10 management and communication system, in ac11 cordance with standards and protocols estab12 lished by the Council, by which all data col13 lected by the System regarding ocean and 

14 coastal waters of the United States including 

15 the Great Lakes, are processed, stored, inte16 grated, and made available to all end-user com17 munities; 

18 (K) implement a program of public edu19 cation and outreach to improve public aware20 ness of global climate change and effects on the 

21 ocean, coastal, and Great Lakes environment; 

22 (L) report annually to the Interagency 

23 Ocean Observing Committee on the accomplish24 ments, operational needs, and performance of 

25 the System to contribute to the annual and 
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1 long-term plans developed pursuant to sub2 section (c)(2)(A)(i); and 

3 (M) develop a plan to efficiently integrate 

4 into the System new, innovative, or emerging 

5 technologies that have been demonstrated to be 

6 useful to the System and which will fulfill the 

7 purposes of this subtitle and the System Plan. 

8 (4) REGIONAL INFORMATION COORDINATION

9 ENTITIES.— 

10 (A) IN GENERAL.—To be certified or es11 tablished under this subtitle, a regional infor12 mation coordination entity shall be certified or 

13 established by contract or agreement by the Ad14 ministrator, and shall agree to meet the certifi15 cation standards and compliance procedure 

16 guidelines issued by the Administrator and in17 formation needs of user groups in the region 

18 while adhering to national standards and 

19 shall— 

20 (i) demonstrate an organizational 

21 structure capable of gathering required 

22 System observation data, supporting and 

23 integrating all aspects of coastal and ocean 

24 observing and information programs within 

25 a region and that reflects the needs of 
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1 State and local governments, commercial 

2 interests, and other users and beneficiaries 

3 of the System and other requirements 

4 specified under this subtitle and the Sys5 tem Plan; 

6 (ii) identify gaps in observation cov7 erage needs for capital improvements of 

8 Federal assets and non-Federal assets of 

9 the System, or other recommendations to 

10 assist in the development of the annual 

11 and long-term plans created pursuant to 

12 subsection (c)(2)(A)(i) and transmit such 

13 information to the Interagency Ocean Ob14 serving Committee via the Program Office; 

15 (iii) develop and operate under a stra16 tegic operational plan that will ensure the 

17 efficient and effective administration of 

18 programs and assets to support daily data 

19 observations for integration into the Sys20 tem, pursuant to the standards approved 

21 by the Council; 

22 (iv) work cooperatively with govern23 mental and non-governmental entities at 

24 all levels to identify and provide informa25 tion products of the System for multiple 
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1 users within the service area of the re2 gional information coordination entities; 

3 and 

4 (v) comply with all financial oversight 

5 requirements established by the Adminis6 trator, including requirements relating to 

7 audits. 

8 (B) PARTICIPATION.—For the purposes of 

9 this subtitle, employees of Federal agencies may 

10 participate in the functions of the regional in11 formation coordination entities. 

12 (d) SYSTEM ADVISORY COMMITTEE.— 

13 (1) IN GENERAL.—The Administrator shall es14 tablish or designate a System advisory committee, 

15 which shall provide advice as may be requested by 

16 the Administrator or the Interagency Ocean Observ17 ing Committee. 

18 (2) PURPOSE.—The purpose of the System ad19 visory committee is to advise the Administrator and 

20 the Interagency Ocean Observing Committee on— 

21 (A) administration, operation, manage22 ment, and maintenance of the System, includ23 ing integration of Federal and non-Federal as24 sets and data management and communication 
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1 aspects of the System, and fulfillment of the 

2 purposes set forth in section 12302; 

3 (B) expansion and periodic modernization 

4 and upgrade of technology components of the 

5 System; 

6 (C) identification of end-user communities, 

7 their needs for information provided by the Sys8 tem, and the System’s effectiveness in dissemi9 nating information to end-user communities 

10 and the general public; and 

11 (D) any other purpose identified by the 

12 Administrator or the Interagency Ocean Ob13 serving Committee. 

14 (3) MEMBERS.— 

15 (A) IN GENERAL.—The System advisory 

16 committee shall be composed of members ap17 pointed by the Administrator. Members shall be 

18 qualified by education, training, and experience 

19 to evaluate scientific and technical information 

20 related to the design, operation, maintenance, 

21 or use of the System, or use of data products 

22 provided through the System. 

23 (B) TERMS OF SERVICE.—Members shall 

24 be appointed for 3-year terms, renewable once. 

25 A vacancy appointment shall be for the remain-
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1 der of the unexpired term of the vacancy, and 

2 an individual so appointed may subsequently be 

3 appointed for 2 full 3-year terms if the remain4 der of the unexpired term is less than 1 year. 

5 (C) CHAIRPERSON.—The Administrator 

6 shall designate a chairperson from among the 

7 members of the System advisory committee. 

8 (D) APPOINTMENT.—Members of the Sys9 tem advisory committee shall be appointed as 

10 special Government employees for purposes of 

11 section 202(a) of title 18, United States Code. 

12 (4) ADMINISTRATIVE PROVISIONS.— 

13 (A) REPORTING.—The System advisory 

14 committee shall report to the Administrator and 

15 the Interagency Ocean Observing Committee, as 

16 appropriate. 

17 (B) ADMINISTRATIVE SUPPORT.—The Ad18 ministrator shall provide administrative support 

19 to the System advisory committee. 

20 (C) MEETINGS.—The System advisory 

21 committee shall meet at least once each year, 

22 and at other times at the call of the Adminis23 trator, the Interagency Ocean Observing Com24 mittee, or the chairperson. 
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1 (D) COMPENSATION AND EXPENSES.— 

2 Members of the System advisory committee 

3 shall not be compensated for service on that 

4 Committee, but may be allowed travel expenses, 

5 including per diem in lieu of subsistence, in ac6 cordance with subchapter I of chapter 57 of 

7 title 5, United States Code. 

8 (E) EXPIRATION.—Section 14 of the Fed9 eral Advisory Committee Act (5 U.S.C. App.) 

10 shall not apply to the System advisory com11 mittee. 

12 (e) CIVIL LIABILITY.—For purposes of determining 

13 liability arising from the dissemination and use of observa14 tion data gathered pursuant to this section, any non-Fed15 eral asset or regional information coordination entity in16 corporated into the System by contract, lease, grant, or 

17 cooperative agreement under subsection (c)(3)(D) that is 

18 participating in the System shall be considered to be part 

19 of the National Oceanic and Atmospheric Administration. 

20 Any employee of such a non-Federal asset or regional in21 formation coordination entity, while operating within the 

22 scope of his or her employment in carrying out the pur23 poses of this subtitle, with respect to tort liability, is 

24 deemed to be an employee of the Federal Government. 
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1 (f) LIMITATION.—Nothing in this subtitle shall be 

2 construed to invalidate existing certifications, contracts, or 

3 agreements between regional information coordination en4 tities and other elements of the System. 

5 SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS. 

6 (a) IN GENERAL.—To carry out interagency activi7 ties under this subtitle, the Secretary of Commerce may 

8 execute cooperative agreements, or any other agreements, 

9 with, and receive and expend funds made available by, any 

10 State or subdivision thereof, any Federal agency, or any 

11 public or private organization, or individual. 

12 (b) RECIPROCITY.—Member Departments and agen13 cies of the Council shall have the authority to create, sup14 port, and maintain joint centers, and to enter into and 

15 perform such contracts, leases, grants, and cooperative 

16 agreements as may be necessary to carry out the purposes 

17 of this subtitle and fulfillment of the System Plan. 

18 SEC. 12306. APPLICATION WITH OTHER LAWS. 

19 Nothing in this subtitle supersedes or limits the au20 thority of any agency to carry out its responsibilities and 

21 missions under other laws. 

22 SEC. 12307. REPORT TO CONGRESS. 

23 (a) REQUIREMENT.—Not later than 2 years after the 

24 date of the enactment of this Act and every 2 years there25 after, the Administrator shall prepare and the President 
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1 acting through the Council shall approve and transmit to 

2 the Congress a report on progress made in implementing 

3 this subtitle. 

4 (b) CONTENTS.—The report shall include— 

5 (1) a description of activities carried out under 

6 this subtitle and the System Plan; 

7 (2) an evaluation of the effectiveness of the 

8 System, including an evaluation of progress made by 

9 the Council to achieve the goals identified under the 

10 System Plan; 

11 (3) identification of Federal and non-Federal 

12 assets as determined by the Council that have been 

13 integrated into the System, including assets essential 

14 to the gathering of required observation data vari15 ables necessary to meet the respective missions of 

16 Council agencies; 

17 (4) a review of procurements, planned or initi18 ated, by each Council agency to enhance, expand, or 

19 modernize the observation capabilities and data 

20 products provided by the System, including data 

21 management and communication subsystems; 

22 (5) an assessment regarding activities to inte23 grate Federal and non-Federal assets, nationally and 

24 on the regional level, and discussion of the perform25 ance and effectiveness of regional information co-
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1 ordination entities to coordinate regional observation 

2 operations; 

3 (6) a description of benefits of the program to 

4 users of data products resulting from the System 

5 (including the general public, industries, scientists, 

6 resource managers, emergency responders, policy 

7 makers, and educators); 

8 (7) recommendations concerning— 

9 (A) modifications to the System; and 

10 (B) funding levels for the System in subse11 quent fiscal years; and 

12 (8) the results of a periodic external inde13 pendent programmatic audit of the System. 

14 SEC. 12308. PUBLIC-PRIVATE USE POLICY. 

15 The Council shall develop a policy within 6 months 

16 after the date of the enactment of this Act that defines 

17 processes for making decisions about the roles of the Fed18 eral Government, the States, regional information coordi19 nation entities, the academic community, and the private 

20 sector in providing to end-user communities environmental 

21 information, products, technologies, and services related to 

22 the System. The Council shall publish the policy in the 

23 Federal Register for public comment for a period not less 

24 than 60 days. Nothing in this section shall be construed 
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1 to require changes in policy in effect on the date of enact2 ment of this Act. 

3 SEC. 12309. INDEPENDENT COST ESTIMATE. 

4 Within 1 year after the date of enactment of this Act, 

5 the Interagency Ocean Observation Committee, through 

6 the Administrator and the Director of the National 

7 Science Foundation, shall obtain an independent cost esti8 mate for operations and maintenance of existing Federal 

9 assets of the System, and planned or anticipated acquisi10 tion, operation, and maintenance of new Federal assets 

11 for the System, including operation facilities, observation 

12 equipment, modeling and software, data management and 

13 communication, and other essential components. The inde14 pendent cost estimate shall be transmitted unabridged and 

15 without revision by the Administrator to Congress. 

16 SEC. 12310. INTENT OF CONGRESS. 

17 It is the intent of Congress that funding provided to 

18 agencies of the Council to implement this subtitle shall 

19 supplement, and not replace, existing sources of funding 

20 for other programs. It is the further intent of Congress 

21 that agencies of the Council shall not enter into contracts 

22 or agreements for the development or procurement of new 

23 Federal assets for the System that are estimated to be 

24 in excess of $250,000,000 in life-cycle costs without first 
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1 providing adequate notice to Congress and opportunity for 

2 review and comment. 

3 SEC. 12311. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the Sec5 retary of Commerce for fiscal years 2009 through 2013 

6 such sums as are necessary to fulfill the purposes of this 

7 subtitle and support activities identified in the annual co8 ordinated System budget developed by the Interagency 

9 Ocean Observation Committee and submitted to the Con10 gress. 

11 Subtitle D—Federal Ocean Acidifi12 cation Research and Monitoring 

13 Act of 2009 

14 SEC. 12401. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Federal Ocean 

16 Acidification Research And Monitoring Act of 2009’’ or 

17 the ‘‘FOARAM Act’’. 

18 SEC. 12402. PURPOSES. 

19 (a) PURPOSES.—The purposes of this subtitle are to 

20 provide for— 

21 (1) development and coordination of a com22 prehensive interagency plan to— 

23 (A) monitor and conduct research on the 

24 processes and consequences of ocean acidifica25 tion on marine organisms and ecosystems; and 
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1 (B) establish an interagency research and 

2 monitoring program on ocean acidification; 

3 (2) establishment of an ocean acidification pro4 gram within the National Oceanic and Atmospheric 

5 Administration; 

6 (3) assessment and consideration of regional 

7 and national ecosystem and socioeconomic impacts 

8 of increased ocean acidification; and 

9 (4) research adaptation strategies and tech10 niques for effectively conserving marine ecosystems 

11 as they cope with increased ocean acidification. 

12 SEC. 12403. DEFINITIONS. 

13 In this subtitle: 

14 (1) OCEAN ACIDIFICATION.—The term ‘‘ocean 

15 acidification’’ means the decrease in pH of the 

16 Earth’s oceans and changes in ocean chemistry 

17 caused by chemical inputs from the atmosphere, in18 cluding carbon dioxide. 

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

20 the Secretary of Commerce, acting through the Ad21 ministrator of the National Oceanic and Atmos22 pheric Administration. 

23 (3) SUBCOMMITTEE.—The term ‘‘Sub24 committee’’ means the Joint Subcommittee on 
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1 Ocean Science and Technology of the National 

2 Science and Technology Council. 

3 SEC. 12404. INTERAGENCY SUBCOMMITTEE. 

4 (a) DESIGNATION.— 

5 (1) IN GENERAL.—The Joint Subcommittee on 

6 Ocean Science and Technology of the National 

7 Science and Technology Council shall coordinate 

8 Federal activities on ocean acidification and estab9 lish an interagency working group. 

10 (2) MEMBERSHIP.—The interagency working 

11 group on ocean acidification shall be comprised of 

12 senior representatives from the National Oceanic 

13 and Atmospheric Administration, the National 

14 Science Foundation, the National Aeronautics and 

15 Space Administration, the United States Geological 

16 Survey, the United States Fish and Wildlife Service, 

17 and such other Federal agencies as appropriate. 

18 (3) CHAIRMAN.—The interagency working 

19 group shall be chaired by the representative from 

20 the National Oceanic and Atmospheric Administra21 tion. 

22 (b) DUTIES.—The Subcommittee shall— 

23 (1) develop the strategic research and moni24 toring plan to guide Federal research on ocean acidi-
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1 fication required under section 12405 of this subtitle 

2 and oversee the implementation of the plan; 

3 (2) oversee the development of— 

4 (A) an assessment of the potential impacts 

5 of ocean acidification on marine organisms and 

6 marine ecosystems; and 

7 (B) adaptation and mitigation strategies to 

8 conserve marine organisms and ecosystems ex9 posed to ocean acidification; 

10 (3) facilitate communication and outreach op11 portunities with nongovernmental organizations and 

12 members of the stakeholder community with inter13 ests in marine resources; 

14 (4) coordinate the United States Federal re15 search and monitoring program with research and 

16 monitoring programs and scientists from other na17 tions; and 

18 (5) establish or designate an Ocean Acidifica19 tion Information Exchange to make information on 

20 ocean acidification developed through or utilized by 

21 the interagency ocean acidification program acces22 sible through electronic means, including informa23 tion which would be useful to policymakers, re24 searchers, and other stakeholders in mitigating or 

25 adapting to the impacts of ocean acidification. 
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1 (c) REPORTS TO CONGRESS.— 

2 (1) INITIAL REPORT.—Not later than 1 year 

3 after the date of enactment of this Act, the Sub4 committee shall transmit a report to the Committee 

5 on Commerce, Science, and Transportation of the 

6 Senate and the Committee on Science and Tech7 nology and the Committee on Natural Resources of 

8 the House of Representatives that— 

9 (A) includes a summary of federally fund10 ed ocean acidification research and monitoring 

11 activities, including the budget for each of these 

12 activities; and 

13 (B) describes the progress in developing 

14 the plan required under section 12405 of this 

15 subtitle. 

16 (2) BIENNIAL REPORT.—Not later than 2 years 

17 after the delivery of the initial report under para18 graph (1) and every 2 years thereafter, the Sub19 committee shall transmit a report to the Committee 

20 on Commerce, Science, and Transportation of the 

21 Senate and the Committee on Science and Tech22 nology and the Committee on Natural Resources of 

23 the House of Representatives that includes— 

24 (A) a summary of federally funded ocean 

25 acidification research and monitoring activities, 
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1 including the budget for each of these activities; 

2 and 

3 (B) an analysis of the progress made to4 ward achieving the goals and priorities for the 

5 interagency research plan developed by the Sub6 committee under section 12405. 

7 (3) STRATEGIC RESEARCH PLAN.—Not later 

8 than 2 years after the date of enactment of this Act, 

9 the Subcommittee shall transmit the strategic re10 search plan developed under section 12405 to the 

11 Committee on Commerce, Science, and Transpor12 tation of the Senate and the Committee on Science 

13 and Technology and the Committee on Natural Re14 sources of the House of Representatives. A revised 

15 plan shall be submitted at least once every 5 years 

16 thereafter. 

17 SEC. 12405. STRATEGIC RESEARCH PLAN. 

18 (a) IN GENERAL.—Not later than 2 years after the 

19 date of enactment of this Act, the Subcommittee shall de20 velop a strategic plan for Federal research and monitoring 

21 on ocean acidification that will provide for an assessment 

22 of the impacts of ocean acidification on marine organisms 

23 and marine ecosystems and the development of adaptation 

24 and mitigation strategies to conserve marine organisms 

25 and marine ecosystems. In developing the plan, the Sub-
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1 committee shall consider and use information, reports, and 

2 studies of ocean acidification that have identified research 

3 and monitoring needed to better understand ocean acidifi4 cation and its potential impacts, and recommendations 

5 made by the National Academy of Sciences in the review 

6 of the plan required under subsection (d). 

7 (b) CONTENTS OF THE PLAN.—The plan shall— 

8 (1) provide for interdisciplinary research among 

9 the ocean sciences, and coordinated research and ac10 tivities to improve the understanding of ocean chem11 istry that will affect marine ecosystems; 

12 (2) establish, for the 10-year period beginning 

13 in the year the plan is submitted, the goals and pri14 orities for Federal research and monitoring which 

15 will— 

16 (A) advance understanding of ocean acidi17 fication and its physical, chemical, and biologi18 cal impacts on marine organisms and marine 

19 ecosystems; 

20 (B) improve the ability to assess the socio21 economic impacts of ocean acidification; and 

22 (C) provide information for the develop23 ment of adaptation and mitigation strategies to 

24 conserve marine organisms and marine eco25 systems; 
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1 (3) describe specific activities, including— 

2 (A) efforts to determine user needs; 

3 (B) research activities; 

4 (C) monitoring activities; 

5 (D) technology and methods development; 

6 (E) data collection; 

7 (F) database development; 

8 (G) modeling activities; 

9 (H) assessment of ocean acidification im10 pacts; and 

11 (I) participation in international research 

12 efforts; 

13 (4) identify relevant programs and activities of 

14 the Federal agencies that contribute to the inter15 agency program directly and indirectly and set forth 

16 the role of each Federal agency in implementing the 

17 plan; 

18 (5) consider and utilize, as appropriate, reports 

19 and studies conducted by Federal agencies, the Na20 tional Research Council, or other entities; 

21 (6) make recommendations for the coordination 

22 of the ocean acidification research and monitoring 

23 activities of the United States with such activities of 

24 other nations and international organizations; 
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1 (7) outline budget requirements for Federal 

2 ocean acidification research and monitoring and as3 sessment activities to be conducted by each agency 

4 under the plan; 

5 (8) identify the monitoring systems and sam6 pling programs currently employed in collecting data 

7 relevant to ocean acidification and prioritize addi8 tional monitoring systems that may be needed to en9 sure adequate data collection and monitoring of 

10 ocean acidification and its impacts; and 

11 (9) describe specific activities designed to facili12 tate outreach and data and information exchange 

13 with stakeholder communities. 

14 (c) PROGRAM ELEMENTS.—The plan shall include at 

15 a minimum the following program elements: 

16 (1) Monitoring of ocean chemistry and biologi17 cal impacts associated with ocean acidification at se18 lected coastal and open-ocean monitoring stations, 

19 including satellite-based monitoring to charac20 terize— 

21 (A) marine ecosystems; 

22 (B) changes in marine productivity; and 

23 (C) changes in surface ocean chemistry. 

24 (2) Research to understand the species specific 

25 physiological responses of marine organisms to ocean 
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1 acidification, impacts on marine food webs of ocean 

2 acidification, and to develop environmental and eco3 logical indices that track marine ecosystem re4 sponses to ocean acidification. 

5 (3) Modeling to predict changes in the ocean 

6 carbon cycle as a function of carbon dioxide and at7 mosphere-induced changes in temperature, ocean cir8 culation, biogeochemistry, ecosystem and terrestrial 

9 input, and modeling to determine impacts on marine 

10 ecosystems and individual marine organisms. 

11 (4) Technology development and standardiza12 tion of carbonate chemistry measurements on moor13 ings and autonomous floats. 

14 (5) Assessment of socioeconomic impacts of 

15 ocean acidification and development of adaptation 

16 and mitigation strategies to conserve marine orga17 nisms and marine ecosystems. 

18 (d) NATIONAL ACADEMY OF SCIENCES EVALUA19 TION.—The Secretary shall enter into an agreement with 

20 the National Academy of Sciences to review the plan. 

21 (e) PUBLIC PARTICIPATION.—In developing the plan, 

22 the Subcommittee shall consult with representatives of 

23 academic, State, industry and environmental groups. Not 

24 later than 90 days before the plan, or any revision thereof, 

25 is submitted to the Congress, the plan shall be published 
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1 in the Federal Register for a public comment period of 

2 not less than 60 days. 

3 SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES. 

4 (a) IN GENERAL.—The Secretary shall establish and 

5 maintain an ocean acidification program within the Na6 tional Oceanic and Atmospheric Administration to conduct 

7 research, monitoring, and other activities consistent with 

8 the strategic research and implementation plan developed 

9 by the Subcommittee under section 12405 that— 

10 (1) includes— 

11 (A) interdisciplinary research among the 

12 ocean and atmospheric sciences, and coordi13 nated research and activities to improve under14 standing of ocean acidification; 

15 (B) the establishment of a long-term moni16 toring program of ocean acidification utilizing 

17 existing global and national ocean observing as18 sets, and adding instrumentation and sampling 

19 stations as appropriate to the aims of the re20 search program; 

21 (C) research to identify and develop adap22 tation strategies and techniques for effectively 

23 conserving marine ecosystems as they cope with 

24 increased ocean acidification; 
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1 (D) as an integral part of the research 

2 programs described in this subtitle, educational 

3 opportunities that encourage an interdiscipli4 nary and international approach to exploring 

5 the impacts of ocean acidification; 

6 (E) as an integral part of the research pro7 grams described in this subtitle, national public 

8 outreach activities to improve the under9 standing of current scientific knowledge of 

10 ocean acidification and its impacts on marine 

11 resources; and 

12 (F) coordination of ocean acidification 

13 monitoring and impacts research with other ap14 propriate international ocean science bodies 

15 such as the International Oceanographic Com16 mission, the International Council for the Ex17 ploration of the Sea, the North Pacific Marine 

18 Science Organization, and others; 

19 (2) provides grants for critical research projects 

20 that explore the effects of ocean acidification on eco21 systems and the socioeconomic impacts of increased 

22 ocean acidification that are relevant to the goals and 

23 priorities of the strategic research plan; and 

24 (3) incorporates a competitive merit-based proc25 ess for awarding grants that may be conducted 
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1 jointly with other participating agencies or under the 

2 National Oceanographic Partnership Program under 

3 section 7901 of title 10, United States Code. 

4 (b) ADDITIONAL AUTHORITY.—In conducting the 

5 Program, the Secretary may enter into and perform such 

6 contracts, leases, grants, or cooperative agreements as 

7 may be necessary to carry out the purposes of this subtitle 

8 on such terms as the Secretary considers appropriate. 

9 SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES. 

10 (a) RESEARCH ACTIVITIES.—The Director of the Na11 tional Science Foundation shall continue to carry out re12 search activities on ocean acidification which shall support 

13 competitive, merit-based, peer-reviewed proposals for re14 search and monitoring of ocean acidification and its im15 pacts, including— 

16 (1) impacts on marine organisms and marine 

17 ecosystems; 

18 (2) impacts on ocean, coastal, and estuarine 

19 biogeochemistry; and 

20 (3) the development of methodologies and tech21 nologies to evaluate ocean acidification and its im22 pacts. 

23 (b) CONSISTENCY.—The research activities shall be 

24 consistent with the strategic research plan developed by 

25 the Subcommittee under section 12405. 
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1 (c) COORDINATION.—The Director shall encourage 

2 coordination of the Foundation’s ocean acidification activi3 ties with such activities of other nations and international 

4 organizations. 

5 SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES. 

6 (a) OCEAN ACIDIFICATION ACTIVITIES.—The Ad7 ministrator of the National Aeronautics and Space Admin8 istration, in coordination with other relevant agencies, 

9 shall ensure that space-based monitoring assets are used 

10 in as productive a manner as possible for monitoring of 

11 ocean acidification and its impacts. 

12 (b) PROGRAM CONSISTENCY.—The Administrator 

13 shall ensure that the Agency’s research and monitoring 

14 activities on ocean acidification are carried out in a man15 ner consistent with the strategic research plan developed 

16 by the Subcommittee under section 12405. 

17 (c) COORDINATION.—The Administrator shall en18 courage coordination of the Agency’s ocean acidification 

19 activities with such activities of other nations and inter20 national organizations. 

21 SEC. 12409. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) NOAA.—There are authorized to be appropriated 

23 to the National Oceanic and Atmospheric Administration 

24 to carry out the purposes of this subtitle— 

25 (1) $8,000,000 for fiscal year 2009; 
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1 (2) $12,000,000 for fiscal year 2010; 

2 (3) $15,000,000 for fiscal year 2011; and 

3 (4) $20,000,000 for fiscal year 2012. 

4 (b) NSF.—There are authorized to be appropriated 

5 to the National Science Foundation to carry out the pur6 poses of this subtitle— 

7 (1) $6,000,000 for fiscal year 2009; 

8 (2) $8,000,000 for fiscal year 2010; 

9 (3) $12,000,000 for fiscal year 2011; and 

10 (4) $15,000,000 for fiscal year 2012. 

11 Subtitle E—Coastal and Estuarine 

12 Land Conservation Program 

13 SEC. 12501. SHORT TITLE. 

14 This Act may be cited as the ‘‘Coastal and Estuarine 

15 Land Conservation Program Act’’. 

16 SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE 

17 LAND CONSERVATION PROGRAM. 

18 The Coastal Zone Management Act of 1972 (16 

19 U.S.C. 1451 et seq.) is amended by inserting after section 

20 307 the following new section: 

21 ‘‘AUTHORIZATION OF THE COASTAL AND ESTUARINE

22 LAND CONSERVATION PROGRAM

23 ‘‘SEC. 307A. (a) IN GENERAL.—The Secretary may 

24 conduct a Coastal and Estuarine Land Conservation Pro25 gram, in cooperation with appropriate State, regional, and 

26 other units of government, for the purposes of protecting 
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1 important coastal and estuarine areas that have signifi2 cant conservation, recreation, ecological, historical, or aes3 thetic values, or that are threatened by conversion from 

4 their natural, undeveloped, or recreational state to other 

5 uses or could be managed or restored to effectively con6 serve, enhance, or restore ecological function. The pro7 gram shall be administered by the National Ocean Service 

8 of the National Oceanic and Atmospheric Administration 

9 through the Office of Ocean and Coastal Resource Man10 agement. 

11 ‘‘(b) PROPERTY ACQUISITION GRANTS.—The Sec12 retary shall make grants under the program to coastal 

13 states with approved coastal zone management plans or 

14 National Estuarine Research Reserve units for the pur15 pose of acquiring property or interests in property de16 scribed in subsection (a) that will further the goals of— 

17 ‘‘(1) a Coastal Zone Management Plan or Pro18 gram approved under this title; 

19 ‘‘(2) a National Estuarine Research Reserve 

20 management plan; 

21 ‘‘(3) a regional or State watershed protection or 

22 management plan involving coastal states with ap23 proved coastal zone management programs; or 
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1 ‘‘(4) a State coastal land acquisition plan that 

2 is consistent with an approved coastal zone manage3 ment program. 

4 ‘‘(c) GRANT PROCESS.—The Secretary shall allocate 

5 funds to coastal states or National Estuarine Research 

6 Reserves under this section through a competitive grant 

7 process in accordance with guidelines that meet the fol8 lowing requirements: 

9 ‘‘(1) The Secretary shall consult with the coast10 al state’s coastal zone management program, any 

11 National Estuarine Research Reserve in that State, 

12 and the lead agency designated by the Governor for 

13 coordinating the implementation of this section (if 

14 different from the coastal zone management pro15 gram). 

16 ‘‘(2) Each participating coastal state, after con17 sultation with local governmental entities and other 

18 interested stakeholders, shall identify priority con19 servation needs within the State, the values to be 

20 protected by inclusion of lands in the program, and 

21 the threats to those values that should be avoided. 

22 ‘‘(3) Each participating coastal state shall to 

23 the extent practicable ensure that the acquisition of 

24 property or easements shall complement working wa25 terfront needs. 
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1 ‘‘(4) The applicant shall identify the values to 

2 be protected by inclusion of the lands in the pro3 gram, management activities that are planned and 

4 the manner in which they may affect the values 

5 identified, and any other information from the land6 owner relevant to administration and management of 

7 the land. 

8 ‘‘(5) Awards shall be based on demonstrated 

9 need for protection and ability to successfully lever10 age funds among participating entities, including 

11 Federal programs, regional organizations, State and 

12 other governmental units, landowners, corporations, 

13 or private organizations. 

14 ‘‘(6) The governor, or the lead agency des15 ignated by the governor for coordinating the imple16 mentation of this section, where appropriate in con17 sultation with the appropriate local government, 

18 shall determine that the application is consistent 

19 with the State’s or territory’s approved coastal zone 

20 plan, program, and policies prior to submittal to the 

21 Secretary. 

22 ‘‘(7)(A) Priority shall be given to lands de23 scribed in subsection (a) that can be effectively man24 aged and protected and that have significant ecologi25 cal value. 
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•S 22 ES

1 ‘‘(B) Of the projects that meet the standard in 

2 subparagraph (A), priority shall be given to lands 

3 that— 

4 ‘‘(i) are under an imminent threat of con5 version to a use that will degrade or otherwise 

6 diminish their natural, undeveloped, or rec7 reational state; and 

8 ‘‘(ii) serve to mitigate the adverse impacts 

9 caused by coastal population growth in the 

10 coastal environment. 

11 ‘‘(8) In developing guidelines under this section, 

12 the Secretary shall consult with coastal states, other 

13 Federal agencies, and other interested stakeholders 

14 with expertise in land acquisition and conservation 

15 procedures. 

16 ‘‘(9) Eligible coastal states or National Estua17 rine Research Reserves may allocate grants to local 

18 governments or agencies eligible for assistance under 

19 section 306A(e). 

20 ‘‘(10) The Secretary shall develop performance 

21 measures that the Secretary shall use to evaluate 

22 and report on the program’s effectiveness in accom23 plishing its purposes, and shall submit such evalua24 tions to Congress triennially. 
1213 

•S 22 ES

1 ‘‘(d) LIMITATIONS AND PRIVATE PROPERTY PROTEC2 TIONS.— 

3 ‘‘(1) A grant awarded under this section may 

4 be used to purchase land or an interest in land, in5 cluding an easement, only from a willing seller. Any 

6 such purchase shall not be the result of a forced tak7 ing under this section. Nothing in this section re8 quires a private property owner to participate in the 

9 program under this section. 

10 ‘‘(2) Any interest in land, including any ease11 ment, acquired with a grant under this section shall 

12 not be considered to create any new liability, or have 

13 any effect on liability under any other law, of any 

14 private property owner with respect to any person 

15 injured on the private property. 

16 ‘‘(3) Nothing in this section requires a private 

17 property owner to provide access (including Federal, 

18 State, or local government access) to or use of pri19 vate property unless such property or an interest in 

20 such property (including a conservation easement) 

21 has been purchased with funds made available under 

22 this section. 

23 ‘‘(e) RECOGNITION OF AUTHORITY TO CONTROL

24 LAND USE.—Nothing in this title modifies the authority 
1214 

•S 22 ES

1 of Federal, State, or local governments to regulate land 

2 use. 

3 ‘‘(f) MATCHING REQUIREMENTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary may not 

5 make a grant under the program unless the Federal 

6 funds are matched by non-Federal funds in accord7 ance with this subsection. 

8 ‘‘(2) COST SHARE REQUIREMENT.— 

9 ‘‘(A) IN GENERAL.—Grant funds under 

10 the program shall require a 100 percent match 

11 from other non-Federal sources. 

12 ‘‘(B) WAIVER OF REQUIREMENT.—The 

13 Secretary may grant a waiver of subparagraph 

14 (A) for underserved communities, communities 

15 that have an inability to draw on other sources 

16 of funding because of the small population or 

17 low income of the community, or for other rea18 sons the Secretary deems appropriate and con19 sistent with the purposes of the program. 

20 ‘‘(3) OTHER FEDERAL FUNDS.—Where finan21 cial assistance awarded under this section represents 

22 only a portion of the total cost of a project, funding 

23 from other Federal sources may be applied to the 

24 cost of the project. Each portion shall be subject to 
1215 

•S 22 ES

1 match requirements under the applicable provision 

2 of law. 

3 ‘‘(4) SOURCE OF MATCHING COST SHARE.—For 

4 purposes of paragraph (2)(A), the non-Federal cost 

5 share for a project may be determined by taking into 

6 account the following: 

7 ‘‘(A) The value of land or a conservation 

8 easement may be used by a project applicant as 

9 non-Federal match, if the Secretary determines 

10 that— 

11 ‘‘(i) the land meets the criteria set 

12 forth in section 2(b) and is acquired in the 

13 period beginning 3 years before the date of 

14 the submission of the grant application 

15 and ending 3 years after the date of the 

16 award of the grant; 

17 ‘‘(ii) the value of the land or easement 

18 is held by a non-governmental organization 

19 included in the grant application in per20 petuity for conservation purposes of the 

21 program; and 

22 ‘‘(iii) the land or easement is con23 nected either physically or through a con24 servation planning process to the land or 

25 easement that would be acquired. 
1216 

•S 22 ES

1 ‘‘(B) The appraised value of the land or 

2 conservation easement at the time of the grant 

3 closing will be considered and applied as the 

4 non-Federal cost share. 

5 ‘‘(C) Costs associated with land acquisi6 tion, land management planning, remediation, 

7 restoration, and enhancement may be used as 

8 non- Federal match if the activities are identi9 fied in the plan and expenses are incurred with10 in the period of the grant award, or, for lands 

11 described in (A), within the same time limits 

12 described therein. These costs may include ei13 ther cash or in-kind contributions. 

14 ‘‘(g) RESERVATION OF FUNDS FOR NATIONAL ESTU15 ARINE RESEARCH RESERVE SITES.—No less than 15 per16 cent of funds made available under this section shall be 

17 available for acquisitions benefitting National Estuarine 

18 Research Reserves. 

19 ‘‘(h) LIMIT ON ADMINISTRATIVE COSTS.—No more 

20 than 5 percent of the funds made available to the Sec21 retary under this section shall be used by the Secretary 

22 for planning or administration of the program. The Sec23 retary shall provide a report to Congress with an account 

24 of all expenditures under this section for fiscal year 2009 

25 and triennially thereafter. 
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•S 22 ES

1 ‘‘(i) TITLE AND MANAGEMENT OF ACQUIRED PROP2 ERTY.—If any property is acquired in whole or in part 

3 with funds made available through a grant under this sec4 tion, the grant recipient shall provide— 

5 ‘‘(1) such assurances as the Secretary may re6 quire that— 

7 ‘‘(A) the title to the property will be held 

8 by the grant recipient or another appropriate 

9 public agency designated by the recipient in 

10 perpetuity; 

11 ‘‘(B) the property will be managed in a 

12 manner that is consistent with the purposes for 

13 which the land entered into the program and 

14 shall not convert such property to other uses; 

15 and 

16 ‘‘(C) if the property or interest in land is 

17 sold, exchanged, or divested, funds equal to the 

18 current value will be returned to the Secretary 

19 in accordance with applicable Federal law for 

20 redistribution in the grant process; and 

21 ‘‘(2) certification that the property (including 

22 any interest in land) will be acquired from a willing 

23 seller. 

24 ‘‘(j) REQUIREMENT FOR PROPERTY USED FOR NON25 FEDERAL MATCH.—If the grant recipient elects to use 
1218 

•S 22 ES

1 any land or interest in land held by a non-governmental 

2 organization as a non-Federal match under subsection (g), 

3 the grant recipient must to the Secretary’s satisfaction 

4 demonstrate in the grant application that such land or in5 terest will satisfy the same requirements as the lands or 

6 interests in lands acquired under the program. 

7 ‘‘(k) DEFINITIONS.—In this section: 

8 ‘‘(1) CONSERVATION EASEMENT.—The term 

9 ‘conservation easement’ includes an easement or re10 striction, recorded deed, or a reserve interest deed 

11 where the grantee acquires all rights, title, and in12 terest in a property, that do not conflict with the 

13 goals of this section except those rights, title, and 

14 interests that may run with the land that are ex15 pressly reserved by a grantor and are agreed to at 

16 the time of purchase. 

17 ‘‘(2) INTEREST IN PROPERTY.—The term ‘in18 terest in property’ includes a conservation easement. 

19 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary to carry 

21 out this section $60,000,000 for each of fiscal years 2009 

22 through 2013.’’. 
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•S 22 ES

1 TITLE XIII—MISCELLANEOUS 

2 SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH 

3 DAKOTA TRUST FUNDS. 

4 (a) NORTH DAKOTA TRUST FUNDS.—The Act of 

5 February 22, 1889 (25 Stat. 676, chapter 180), is amend6 ed by adding at the end the following: 

7 ‘‘SEC. 26. NORTH DAKOTA TRUST FUNDS. 

8 ‘‘(a) DISPOSITION.—Notwithstanding section 11, the 

9 State of North Dakota shall, with respect to any trust 

10 fund in which proceeds from the sale of public land are 

11 deposited under this Act (referred to in this section as the 

12 ‘trust fund’)— 

13 ‘‘(1) deposit all revenues earned by a trust fund 

14 into the trust fund; 

15 ‘‘(2) deduct the costs of administering a trust 

16 fund from each trust fund; and 

17 ‘‘(3) manage each trust fund to— 

18 ‘‘(A) preserve the purchasing power of the 

19 trust fund; and 

20 ‘‘(B) maintain stable distributions to trust 

21 fund beneficiaries. 

22 ‘‘(b) DISTRIBUTIONS.—Notwithstanding section 11, 

23 any distributions from trust funds in the State of North 

24 Dakota shall be made in accordance with section 2 of arti25 cle IX of the Constitution of the State of North Dakota. 
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•S 22 ES

1 ‘‘(c) MANAGEMENT OF PROCEEDS.—Notwith2 standing section 13, the State of North Dakota shall man3 age the proceeds referred to in that section in accordance 

4 with subsections (a) and (b). 

5 ‘‘(d) MANAGEMENT OF LAND AND PROCEEDS.—Not6 withstanding sections 14 and 16, the State of North Da7 kota shall manage the land granted under that section, 

8 including any proceeds from the land, and make distribu9 tions in accordance with subsections (a) and (b).’’. 

10 (b) MANAGEMENT AND DISTRIBUTION OF MORRILL

11 ACT GRANTS.—The Act of July 2, 1862 (commonly 

12 known as the ‘‘First Morrill Act’’) (7 U.S.C. 301 et seq.), 

13 is amended by adding at the end the following: 

14 ‘‘SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA. 

15 ‘‘(a) EXPENSES.—Notwithstanding section 3, the 

16 State of North Dakota shall manage the land granted to 

17 the State under the first section, including any proceeds 

18 from the land, in accordance with this section. 

19 ‘‘(b) DISPOSITION OF PROCEEDS.—Notwithstanding 

20 section 4, the State of North Dakota shall, with respect 

21 to any trust fund in which proceeds from the sale of land 

22 under this Act are deposited (referred to in this section 

23 as the ‘trust fund’)— 

24 ‘‘(1) deposit all revenues earned by a trust fund 

25 into the trust fund; 
1221 

•S 22 ES

1 ‘‘(2) deduct the costs of administering a trust 

2 fund from each trust fund; and 

3 ‘‘(3) manage each trust fund to— 

4 ‘‘(A) preserve the purchasing power of the 

5 trust fund; and 

6 ‘‘(B) maintain stable distributions to trust 

7 fund beneficiaries. 

8 ‘‘(c) DISTRIBUTIONS.—Notwithstanding section 4, 

9 any distributions from trust funds in the State of North 

10 Dakota shall be made in accordance with section 2 of arti11 cle IX of the Constitution of the State of North Dakota. 

12 ‘‘(d) MANAGEMENT.—Notwithstanding section 5, the 

13 State of North Dakota shall manage the land granted 

14 under the first section, including any proceeds from the 

15 land, in accordance with this section.’’. 

16 (c) CONSENT OF CONGRESS.—Effective July 1, 

17 2009, Congress consents to the amendments to the Con18 stitution of North Dakota proposed by House Concurrent 

19 Resolution No. 3037 of the 59th Legislature of the State 

20 of North Dakota entitled ‘‘A concurrent resolution for the 

21 amendment of sections 1 and 2 of article IX of the Con22 stitution of North Dakota, relating to distributions from 

23 and the management of the common schools trust fund 

24 and the trust funds of other educational or charitable in25 stitutions; and to provide a contingent effective date’’ and 
1222 

•S 22 ES

1 approved by the voters of the State of North Dakota on 

2 November 7, 2006. 

3 SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORA4 TION AND IRRIGATION MITIGATION ACT OF 

5 2000. 

6 (a) PRIORITY PROJECTS.—Section 3(c)(3) of the 

7 Fisheries Restoration and Irrigation Mitigation Act of 

8 2000 (16 U.S.C. 777 note; Public Law 106–502) is 

9 amended by striking ‘‘$5,000,000’’ and inserting 

10 ‘‘$2,500,000’’. 

11 (b) COST SHARING.—Section 7(c) of Fisheries Res12 toration and Irrigation Mitigation Act of 2000 (16 U.S.C. 

13 777 note; Public Law 106–502) is amended— 

14 (1) by striking ‘‘The value’’ and inserting the 

15 following: 

16 ‘‘(1) IN GENERAL.—The value’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(2) BONNEVILLE POWER ADMINISTRATION.— 

19 ‘‘(A) IN GENERAL.—The Secretary may, 

20 without further appropriation and without fiscal 

21 year limitation, accept any amounts provided to 

22 the Secretary by the Administrator of the Bon23 neville Power Administration. 

24 ‘‘(B) NON-FEDERAL SHARE.—Any 

25 amounts provided by the Bonneville Power Ad-
1223 

•S 22 ES

1 ministration directly or through a grant to an2 other entity for a project carried under the Pro3 gram shall be credited toward the non-Federal 

4 share of the costs of the project.’’. 

5 (c) REPORT.—Section 9 of the Fisheries Restoration 

6 and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 

7 note; Public Law 106–502) is amended— 

8 (1) by inserting ‘‘any’’ before ‘‘amounts are 

9 made’’; and 

10 (2) by inserting after ‘‘Secretary shall’’ the fol11 lowing: ‘‘, after partnering with local governmental 

12 entities and the States in the Pacific Ocean drainage 

13 area,’’. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 10 of the Fisheries Restoration and Irrigation Mitigation 

16 Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) 

17 is amended— 

18 (1) in subsection (a), by striking ‘‘2001 through 

19 2005’’ and inserting ‘‘ 2009 through 2015’’; and 

20 (2) in subsection (b), by striking paragraph (2) 

21 and inserting the following: 

22 ‘‘(2) ADMINISTRATIVE EXPENSES.— 

23 ‘‘(A) DEFINITION OF ADMINISTRATIVE EX24 PENSE.—In this paragraph, the term ‘adminis25 trative expense’ means, except as provided in 
1224 

•S 22 ES

1 subparagraph (B)(iii)(II), any expenditure re2 lating to— 

3 ‘‘(i) staffing and overhead, such as 

4 the rental of office space and the acquisi5 tion of office equipment; and 

6 ‘‘(ii) the review, processing, and provi7 sion of applications for funding under the 

8 Program. 

9 ‘‘(B) LIMITATION.— 

10 ‘‘(i) IN GENERAL.—Not more than 6 

11 percent of amounts made available to carry 

12 out this Act for each fiscal year may be 

13 used for Federal and State administrative 

14 expenses of carrying out this Act. 

15 ‘‘(ii) FEDERAL AND STATE SHARES.— 

16 To the maximum extent practicable, of the 

17 amounts made available for administrative 

18 expenses under clause (i)— 

19 ‘‘(I) 50 percent shall be provided 

20 to the State agencies provided assist21 ance under the Program; and 

22 ‘‘(II) an amount equal to the cost 

23 of 1 full-time equivalent Federal em24 ployee, as determined by the Sec-
1225 

•S 22 ES

1 retary, shall be provided to the Fed2 eral agency carrying out the Program. 

3 ‘‘(iii) STATE EXPENSES.—Amounts 

4 made available to States for administrative 

5 expenses under clause (i)— 

6 ‘‘(I) shall be divided evenly 

7 among all States provided assistance 

8 under the Program; and 

9 ‘‘(II) may be used by a State to 

10 provide technical assistance relating to 

11 the program, including any staffing 

12 expenditures (including staff travel ex13 penses) associated with— 

14 ‘‘(aa) arranging meetings to 

15 promote the Program to potential 

16 applicants; 

17 ‘‘(bb) assisting applicants 

18 with the preparation of applica19 tions for funding under the Pro20 gram; and 

21 ‘‘(cc) visiting construction 

22 sites to provide technical assist23 ance, if requested by the appli24 cant.’’. 
1226 

•S 22 ES

1 SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS 

2 PIPELINE ACT. 

3 Section 107(a) of the Alaska Natural Gas Pipeline 

4 Act (15 U.S.C. 720e(a)) is amended by striking paragraph 

5 (3) and inserting the following: 

6 ‘‘(3) the validity of any determination, permit, 

7 approval, authorization, review, or other related ac8 tion taken under any provision of law relating to a 

9 gas transportation project constructed and operated 

10 in accordance with section 103, including— 

11 ‘‘(A) subchapter II of chapter 5, and chap12 ter 7, of title 5, United States Code (commonly 

13 known as the ‘Administrative Procedure Act’); 

14 ‘‘(B) the Endangered Species Act of 1973 

15 (16 U.S.C. 1531 et seq.); 

16 ‘‘(C) the National Environmental Policy 

17 Act of 1969 (42 U.S.C. 4321 et seq.); 

18 ‘‘(D) the National Historic Preservation 

19 Act (16 U.S.C. 470 et seq.); and 

20 ‘‘(E) the Alaska National Interest Lands 

21 Conservation Act (16 U.S.C. 3101 et seq.).’’. 

22 SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DE23 PARTMENT OF ENERGY. 

24 (a) IN GENERAL.—Section 203(a) of the Department 

25 of Energy Organization Act (42 U.S.C. 7133(a)) is 
1227 

•S 22 ES

1 amended in the first sentence by striking ‘‘7 Assistant 

2 Secretaries’’ and inserting ‘‘8 Assistant Secretaries’’. 

3 (b) CONFORMING AMENDMENT.—Section 5315 of 

4 title 5, United States Code, is amended by striking ‘‘As5 sistant Secretaries of Energy (7)’’ and inserting ‘‘Assist6 ant Secretaries of Energy (8)’’. 

7 SEC. 13005. LOVELACE RESPIRATORY RESEARCH INSTI8 TUTE. 

9 (a) DEFINITIONS.—In this section: 

10 (1) INSTITUTE.—The term ‘‘Institute’’ means 

11 the Lovelace Respiratory Research Institute, a non12 profit organization chartered under the laws of the 

13 State of New Mexico. 

14 (2) MAP.—The term ‘‘map’’ means the map en15 titled ‘‘Lovelace Respiratory Research Institute 

16 Land Conveyance’’ and dated March 18, 2008. 

17 (3) SECRETARY CONCERNED.—The term ‘‘Sec18 retary concerned’’ means— 

19 (A) the Secretary of Energy, with respect 

20 to matters concerning the Department of En21 ergy; 

22 (B) the Secretary of the Interior, with re23 spect to matters concerning the Department of 

24 the Interior; and 
1228 

•S 22 ES

1 (C) the Secretary of the Air Force, with 

2 respect to matters concerning the Department 

3 of the Air Force. 

4 (4) SECRETARY OF ENERGY.—The term ‘‘Sec5 retary of Energy’’ means the Secretary of Energy, 

6 acting through the Administrator for the National 

7 Nuclear Security Administration. 

8 (b) CONVEYANCE OF LAND.— 

9 (1) IN GENERAL.—Notwithstanding section 

10 120(h) of the Comprehensive Environmental Re11 sponse, Compensation, and Liability Act of 1980 (42 

12 U.S.C. 9620(h)) and subject to valid existing rights 

13 and this section, the Secretary of Energy, in con14 sultation with the Secretary of the Interior and the 

15 Secretary of the Air Force, may convey to the Insti16 tute, on behalf of the United States, all right, title, 

17 and interest of the United States in and to the par18 cel of land described in paragraph (2) for research, 

19 scientific, or educational use. 

20 (2) DESCRIPTION OF LAND.—The parcel of 

21 land referred to in paragraph (1)— 

22 (A) is the approximately 135 acres of land 

23 identified as ‘‘Parcel A’’ on the map; 

24 (B) includes any improvements to the land 

25 described in subparagraph (A); and 
1229 

•S 22 ES

1 (C) excludes any portion of the utility sys2 tem and infrastructure reserved by the Sec3 retary of the Air Force under paragraph (4). 

4 (3) OTHER FEDERAL AGENCIES.—The Sec5 retary of the Interior and the Secretary of the Air 

6 Force shall complete any real property actions, in7 cluding the revocation of any Federal withdrawals of 

8 the parcel conveyed under paragraph (1) and the 

9 parcel described in subsection (c)(1), that are nec10 essary to allow the Secretary of Energy to— 

11 (A) convey the parcel under paragraph (1); 

12 or 

13 (B) transfer administrative jurisdiction 

14 under subsection (c). 

15 (4) RESERVATION OF UTILITY INFRASTRUC16 TURE AND ACCESS.—The Secretary of the Air Force 

17 may retain ownership and control of— 

18 (A) any portions of the utility system and 

19 infrastructure located on the parcel conveyed 

20 under paragraph (1); and 

21 (B) any rights of access determined to be 

22 necessary by the Secretary of the Air Force to 

23 operate and maintain the utilities on the parcel. 

24 (5) RESTRICTIONS ON USE.— 
1230 

•S 22 ES

1 (A) AUTHORIZED USES.—The Institute 

2 shall allow only research, scientific, or edu3 cational uses of the parcel conveyed under para4 graph (1). 

5 (B) REVERSION.— 

6 (i) IN GENERAL.—If, at any time, the 

7 Secretary of Energy, in consultation with 

8 the Secretary of the Air Force, determines, 

9 in accordance with clause (ii), that the par10 cel conveyed under paragraph (1) is not 

11 being used for a purpose described in sub12 paragraph (A)— 

13 (I) all right, title, and interest in 

14 and to the entire parcel, or any por15 tion of the parcel not being used for 

16 the purposes, shall revert, at the op17 tion of the Secretary, to the United 

18 States; and 

19 (II) the United States shall have 

20 the right of immediate entry onto the 

21 parcel. 

22 (ii) REQUIREMENTS FOR DETERMINA23 TION.—Any determination of the Secretary 

24 under clause (i) shall be made on the 
1231 

•S 22 ES

1 record and after an opportunity for a hear2 ing. 

3 (6) COSTS.— 

4 (A) IN GENERAL.—The Secretary of En5 ergy shall require the Institute to pay, or reim6 burse the Secretary concerned, for any costs in7 curred by the Secretary concerned in carrying 

8 out the conveyance under paragraph (1), in9 cluding any survey costs related to the convey10 ance. 

11 (B) REFUND.—If the Secretary concerned 

12 collects amounts under subparagraph (A) from 

13 the Institute before the Secretary concerned in14 curs the actual costs, and the amount collected 

15 exceeds the actual costs incurred by the Sec16 retary concerned to carry out the conveyance, 

17 the Secretary concerned shall refund to the In18 stitute an amount equal to difference between— 

19 (i) the amount collected by the Sec20 retary concerned; and 

21 (ii) the actual costs incurred by the 

22 Secretary concerned. 

23 (C) DEPOSIT IN FUND.— 

24 (i) IN GENERAL.—Amounts received 

25 by the United States under this paragraph 
1232 

•S 22 ES

1 as a reimbursement or recovery of costs in2 curred by the Secretary concerned to carry 

3 out the conveyance under paragraph (1) 

4 shall be deposited in the fund or account 

5 that was used to cover the costs incurred 

6 by the Secretary concerned in carrying out 

7 the conveyance. 

8 (ii) USE.—Any amounts deposited 

9 under clause (i) shall be available for the 

10 same purposes, and subject to the same 

11 conditions and limitations, as any other 

12 amounts in the fund or account. 

13 (7) CONTAMINATED LAND.—In consideration 

14 for the conveyance of the parcel under paragraph 

15 (1), the Institute shall— 

16 (A) take fee title to the parcel and any im17 provements to the parcel, as contaminated; 

18 (B) be responsible for undertaking and 

19 completing all environmental remediation re20 quired at, in, under, from, or on the parcel for 

21 all environmental conditions relating to or aris22 ing from the release or threat of release of 

23 waste material, substances, or constituents, in 

24 the same manner and to the same extent as re25 quired by law applicable to privately owned fa-
1233 

•S 22 ES

1 cilities, regardless of the date of the contamina2 tion or the responsible party; 

3 (C) indemnify the United States for— 

4 (i) any environmental remediation or 

5 response costs the United States reason6 ably incurs if the Institute fails to reme7 diate the parcel; or 

8 (ii) contamination at, in, under, from, 

9 or on the land, for all environmental condi10 tions relating to or arising from the release 

11 or threat of release of waste material, sub12 stances, or constituents; 

13 (D) indemnify, defend, and hold harmless 

14 the United States from any damages, costs, ex15 penses, liabilities, fines, penalties, claim, or de16 mand for loss, including claims for property 

17 damage, personal injury, or death resulting 

18 from releases, discharges, emissions, spills, stor19 age, disposal, or any other acts or omissions by 

20 the Institute and any officers, agents, employ21 ees, contractors, sublessees, licensees, succes22 sors, assigns, or invitees of the Institute arising 

23 from activities conducted, on or after October 1, 

24 1996, on the parcel conveyed under paragraph 

25 (1); and 
1234 

•S 22 ES

1 (E) reimburse the United States for all 

2 legal and attorney fees, costs, and expenses in3 curred in association with the defense of any 

4 claims described in subparagraph (D). 

5 (8) CONTINGENT ENVIRONMENTAL RESPONSE

6 OBLIGATIONS.—If the Institute does not undertake 

7 or complete environmental remediation as required 

8 by paragraph (7) and the United States is required 

9 to assume the responsibilities of the remediation, the 

10 Secretary of Energy shall be responsible for con11 ducting any necessary environmental remediation or 

12 response actions with respect to the parcel conveyed 

13 under paragraph (1). 

14 (9) NO ADDITIONAL COMPENSATION.—Except 

15 as otherwise provided in this section, no additional 

16 consideration shall be required for conveyance of the 

17 parcel to the Institute under paragraph (1). 

18 (10) ACCESS AND UTILITIES.—On conveyance 

19 of the parcel under paragraph (1), the Secretary of 

20 the Air Force shall, on behalf of the United States 

21 and subject to any terms and conditions as the Sec22 retary determines to be necessary (including condi23 tions providing for the reimbursement of costs), pro24 vide the Institute with— 
1235 

•S 22 ES

1 (A) access for employees and invitees of 

2 the Institute across Kirtland Air Force Base to 

3 the parcel conveyed under that paragraph; and 

4 (B) access to utility services for the land 

5 and any improvements to the land conveyed 

6 under that paragraph. 

7 (11) ADDITIONAL TERM AND CONDITIONS.— 

8 The Secretary of Energy, in consultation with the 

9 Secretary of the Interior and Secretary of the Air 

10 Force, may require any additional terms and condi11 tions for the conveyance under paragraph (1) that 

12 the Secretaries determine to be appropriate to pro13 tect the interests of the United States. 

14 (c) TRANSFER OF ADMINISTRATIVE JURISDIC15 TION.— 

16 (1) IN GENERAL.—After the conveyance under 

17 subsection (b)(1) has been completed, the Secretary 

18 of Energy shall, on request of the Secretary of the 

19 Air Force, transfer to the Secretary of the Air Force 

20 administrative jurisdiction over the parcel of ap21 proximately 7 acres of land identified as ‘‘Parcel B’’ 

22 on the map, including any improvements to the par23 cel. 

24 (2) REMOVAL OF IMPROVEMENTS.—In concur25 rence with the transfer under paragraph (1), the 
1236 

•S 22 ES

1 Secretary of Energy shall, on request of the Sec2 retary of the Air Force, arrange and pay for removal 

3 of any improvements to the parcel transferred under 

4 that paragraph. 

5 SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NA6 TIONAL TROPICAL BOTANICAL GARDEN. 

7 Chapter 1535 of title 36, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘§ 153514. Authorization of appropriations 

10 ‘‘(a) IN GENERAL.—Subject to subsection (b), there 

11 is authorized to be appropriated to the corporation for op12 eration and maintenance expenses $500,000 for each of 

13 fiscal years 2008 through 2017. 

14 ‘‘(b) LIMITATION.—Any Federal funds made avail15 able under subsection (a) shall be matched on a 1-to-1 

16 basis by non-Federal funds.’’. 

17 TITLE XIV—CHRISTOPHER AND 

18 DANA REEVE PARALYSIS ACT 

19 SEC. 14001. SHORT TITLE. 

20 This title may be cited as the ‘‘Christopher and Dana 

21 Reeve Paralysis Act’’. 
1237 

•S 22 ES

1 Subtitle A—Paralysis Research 

2 SEC. 14101. ACTIVITIES OF THE NATIONAL INSTITUTES OF 

3 HEALTH WITH RESPECT TO RESEARCH ON 

4 PARALYSIS. 

5 (a) COORDINATION.—The Director of the National 

6 Institutes of Health (referred to in this title as the ‘‘Direc7 tor’’), pursuant to the general authority of the Director, 

8 may develop mechanisms to coordinate the paralysis re9 search and rehabilitation activities of the Institutes and 

10 Centers of the National Institutes of Health in order to 

11 further advance such activities and avoid duplication of 

12 activities. 

13 (b) CHRISTOPHER AND DANA REEVE PARALYSIS RE14 SEARCH CONSORTIA.— 

15 (1) IN GENERAL.—The Director may make 

16 awards of grants to public or private entities to pay 

17 all or part of the cost of planning, establishing, im18 proving, and providing basic operating support for 

19 consortia in paralysis research. The Director shall 

20 designate each consortium funded through such 

21 grants as a Christopher and Dana Reeve Paralysis 

22 Research Consortium. 

23 (2) RESEARCH.—Each consortium under para24 graph (1)— 
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1 (A) may conduct basic, translational, and 

2 clinical paralysis research; 

3 (B) may focus on advancing treatments 

4 and developing therapies in paralysis research; 

5 (C) may focus on one or more forms of pa6 ralysis that result from central nervous system 

7 trauma or stroke; 

8 (D) may facilitate and enhance the dis9 semination of clinical and scientific findings; 

10 and 

11 (E) may replicate the findings of consortia 

12 members or other researchers for scientific and 

13 translational purposes. 

14 (3) COORDINATION OF CONSORTIA; REPORTS.— 

15 The Director may, as appropriate, provide for the 

16 coordination of information among consortia under 

17 paragraph (1) and ensure regular communication 

18 among members of the consortia, and may require 

19 the periodic preparation of reports on the activities 

20 of the consortia and the submission of the reports to 

21 the Director. 

22 (4) ORGANIZATION OF CONSORTIA.—Each con23 sortium under paragraph (1) may use the facilities 

24 of a single lead institution, or be formed from sev-
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1 eral cooperating institutions, meeting such require2 ments as may be prescribed by the Director. 

3 (c) PUBLIC INPUT.—The Director may provide for a 

4 mechanism to educate and disseminate information on the 

5 existing and planned programs and research activities of 

6 the National Institutes of Health with respect to paralysis 

7 and through which the Director can receive comments 

8 from the public regarding such programs and activities. 

9 Subtitle B—Paralysis 

10 Rehabilitation Research and Care 

11 SEC. 14201. ACTIVITIES OF THE NATIONAL INSTITUTES OF 

12 HEALTH WITH RESPECT TO RESEARCH WITH 

13 IMPLICATIONS FOR ENHANCING DAILY FUNC14 TION FOR PERSONS WITH PARALYSIS. 

15 (a) IN GENERAL.—The Director, pursuant to the 

16 general authority of the Director, may make awards of 

17 grants to public or private entities to pay all or part of 

18 the costs of planning, establishing, improving, and pro19 viding basic operating support to multicenter networks of 

20 clinical sites that will collaborate to design clinical reha21 bilitation intervention protocols and measures of outcomes 

22 on one or more forms of paralysis that result from central 

23 nervous system trauma, disorders, or stroke, or any com24 bination of such conditions. 
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1 (b) RESEARCH.—A multicenter network of clinical 

2 sites funded through this section may— 

3 (1) focus on areas of key scientific concern, in4 cluding— 

5 (A) improving functional mobility; 

6 (B) promoting behavioral adaptation to 

7 functional losses, especially to prevent sec8 ondary complications; 

9 (C) assessing the efficacy and outcomes of 

10 medical rehabilitation therapies and practices 

11 and assisting technologies; 

12 (D) developing improved assistive tech13 nology to improve function and independence; 

14 and 

15 (E) understanding whole body system re16 sponses to physical impairments, disabilities, 

17 and societal and functional limitations; and 

18 (2) replicate the findings of network members 

19 or other researchers for scientific and translation 

20 purposes. 

21 (c) COORDINATION OF CLINICAL TRIALS NETWORKS; 

22 REPORTS.—The Director may, as appropriate, provide for 

23 the coordination of information among networks funded 

24 through this section and ensure regular communication 

25 among members of the networks, and may require the 
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1 periodic preparation of reports on the activities of the net2 works and submission of reports to the Director. 

3 Subtitle C—Improving Quality of 

4 Life for Persons With Paralysis 

5 and Other Physical Disabilities 

6 SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR 

7 PERSONS WITH PARALYSIS AND OTHER 

8 PHYSICAL DISABILITIES. 

9 (a) IN GENERAL.—The Secretary of Health and 

10 Human Services (in this subtitle referred to as the ‘‘Sec11 retary’’) may study the unique health challenges associ12 ated with paralysis and other physical disabilities and 

13 carry out projects and interventions to improve the quality 

14 of life and long-term health status of persons with paral15 ysis and other physical disabilities. The Secretary may 

16 carry out such projects directly and through awards of 

17 grants or contracts. 

18 (b) CERTAIN ACTIVITIES.—Activities under sub19 section (a) may include— 

20 (1) the development of a national paralysis and 

21 physical disability quality of life action plan, to pro22 mote health and wellness in order to enhance full 

23 participation, independent living, self-sufficiency, 

24 and equality of opportunity in partnership with vol25 untary health agencies focused on paralysis and 
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1 other physical disabilities, to be carried out in co2 ordination with the State-based Disability and 

3 Health Program of the Centers for Disease Control 

4 and Prevention; 

5 (2) support for programs to disseminate infor6 mation involving care and rehabilitation options and 

7 quality of life grant programs supportive of commu8 nity-based programs and support systems for per9 sons with paralysis and other physical disabilities; 

10 (3) in collaboration with other centers and na11 tional voluntary health agencies, the establishment 

12 of a population-based database that may be used for 

13 longitudinal and other research on paralysis and 

14 other disabling conditions; and 

15 (4) the replication and translation of best prac16 tices and the sharing of information across States, 

17 as well as the development of comprehensive, unique, 

18 and innovative programs, services, and demonstra19 tions within existing State-based disability and 

20 health programs of the Centers for Disease Control 

21 and Prevention which are designed to support and 

22 advance quality of life programs for persons living 

23 with paralysis and other physical disabilities focus24 ing on— 

25 (A) caregiver education; 
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1 (B) promoting proper nutrition, increasing 

2 physical activity, and reducing tobacco use; 

3 (C) education and awareness programs for 

4 health care providers; 

5 (D) prevention of secondary complications; 

6 (E) home- and community-based interven7 tions; 

8 (F) coordinating services and removing 

9 barriers that prevent full participation and inte10 gration into the community; and 

11 (G) recognizing the unique needs of under12 served populations. 

13 (c) GRANTS.—The Secretary may award grants in ac14 cordance with the following: 

15 (1) To State and local health and disability 

16 agencies for the purpose of— 

17 (A) establishing a population-based data18 base that may be used for longitudinal and 

19 other research on paralysis and other disabling 

20 conditions; 

21 (B) developing comprehensive paralysis 

22 and other physical disability action plans and 

23 activities focused on the items listed in sub24 section (b)(4); 
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1 (C) assisting State-based programs in es2 tablishing and implementing partnerships and 

3 collaborations that maximize the input and sup4 port of people with paralysis and other physical 

5 disabilities and their constituent organizations; 

6 (D) coordinating paralysis and physical 

7 disability activities with existing State-based 

8 disability and health programs; 

9 (E) providing education and training op10 portunities and programs for health profes11 sionals and allied caregivers; and 

12 (F) developing, testing, evaluating, and 

13 replicating effective intervention programs to 

14 maintain or improve health and quality of life. 

15 (2) To private health and disability organiza16 tions for the purpose of— 

17 (A) disseminating information to the pub18 lic; 

19 (B) improving access to services for per20 sons living with paralysis and other physical 

21 disabilities and their caregivers; 

22 (C) testing model intervention programs to 

23 improve health and quality of life; and 

24 (D) coordinating existing services with 

25 State-based disability and health programs. 
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1 (d) COORDINATION OF ACTIVITIES.—The Secretary 

2 shall ensure that activities under this section are coordi3 nated as appropriate by the agencies of the Department 

4 of Health and Human Services. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—For the 

6 purpose of carrying out this section, there is authorized 

7 to be appropriated $25,000,000 for each of fiscal years 

8 2008 through 2011. 

9 TITLE XV—SMITHSONIAN INSTI10 TUTION FACILITIES AUTHOR11 IZATION 

12 SEC. 15101. LABORATORY AND SUPPORT SPACE, 

13 EDGEWATER, MARYLAND. 

14 (a) AUTHORITY TO DESIGN AND CONSTRUCT.—The 

15 Board of Regents of the Smithsonian Institution is au16 thorized to design and construct laboratory and support 

17 space to accommodate the Mathias Laboratory at the 

18 Smithsonian Environmental Research Center in 

19 Edgewater, Maryland. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section a 

22 total of $41,000,000 for fiscal years 2009 through 2011. 

23 Such sums shall remain available until expended. 
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1 SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA. 

2 (a) AUTHORITY TO CONSTRUCT.—The Board of Re3 gents of the Smithsonian Institution is authorized to con4 struct laboratory space to accommodate the terrestrial re5 search program of the Smithsonian tropical research insti6 tute in Gamboa, Panama. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section a 

9 total of $14,000,000 for fiscal years 2009 and 2010. Such 

10 sums shall remain available until expended. 

11 SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY. 

12 (a) IN GENERAL.—The Board of Regents of the 

13 Smithsonian Institution is authorized to construct a 

14 greenhouse facility at its museum support facility in 

15 Suitland, Maryland, to maintain the horticultural oper16 ations of, and preserve the orchid collection held in trust 

17 by, the Smithsonian Institution. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated $12,000,000 to carry out 

20 this section. Such sums shall remain available until ex21 pended. 

Passed the Senate January 15, 2009. 

Attest: 

Secretary. 

111TH CONGRESS 

1ST SESSION S. 22 

AN ACT 

To designate certain land as components of the NaAgriculture, and for other purposes. partment of the Interior and the Department of thorize certain programs and activities in the De- tional Wilderness Preservation System, to au-