II 

Calendar No. 13 

111TH CONGRESS 

1ST SESSION S. 22 

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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 7, 2009 

Mr. BINGAMAN introduced the following bill; which was read the first time 

JANUARY 8, 2009 

Read the second time and placed on the calendar 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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


jbell on PROD1PC69 with BILLS
2 

•S 22 PCS

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

2 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 

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. 


jbell on PROD1PC69 with BILLS
3 

•S 22 PCS

Sec. 1406. Effect. 

Subtitle F—Owyhee Public Land Management 

Sec. 1501. Definitions. 

Sec. 1502. Owyhee Science Review and Conservation Center. 

Sec. 1503. Wilderness areas. 

Sec. 1504. Designation of wild and scenic rivers. 

Sec. 1505. Land identified for disposal. 

Sec. 1506. Tribal cultural resources. 

Sec. 1507. Recreational travel management plans. 

Sec. 1508. Authorization of appropriations. 

Subtitle G—Sabinoso Wilderness, New Mexico 

Sec. 1601. Definitions. 

Sec. 1602. Designation of the Sabinoso Wilderness. 

Subtitle H—Pictured Rocks National Lakeshore Wilderness 

Sec. 1651. Definitions. 

Sec. 1652. Designation of Beaver Basin Wilderness. 

Sec. 1653. Administration. 

Sec. 1654. Effect. 

Subtitle I—Oregon Badlands Wilderness 

Sec. 1701. Definitions. 

Sec. 1702. Oregon Badlands Wilderness. 

Sec. 1703. Release. 

Sec. 1704. Land exchanges. 

Sec. 1705. Protection of tribal treaty rights. 

Subtitle J—Spring Basin Wilderness, Oregon 

Sec. 1751. Definitions. 

Sec. 1752. Spring Basin Wilderness. 

Sec. 1753. Release. 

Sec. 1754. Land exchanges. 

Sec. 1755. Protection of tribal treaty rights. 

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

Sec. 1801. Definitions. 

Sec. 1802. Designation of wilderness areas. 

Sec. 1803. Administration of wilderness areas. 

Sec. 1804. Release of wilderness study areas. 

Sec. 1805. Designation of wild and scenic rivers. 

Sec. 1806. Bridgeport Winter Recreation Area. 

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

Sec. 1808. Ancient Bristlecone Pine Forest. 

Subtitle L—Riverside County Wilderness, California 

Sec. 1851. Wilderness designation. 

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

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

Mountains National Monument. 


jbell on PROD1PC69 with BILLS
4 

•S 22 PCS

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. 

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 


jbell on PROD1PC69 with BILLS
5 

•S 22 PCS

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. 

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. 


jbell on PROD1PC69 with BILLS
6 

•S 22 PCS

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. 

Subtitle B—Competitive Status for Federal Employees in Alaska 

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

Alaska. 


jbell on PROD1PC69 with BILLS
7 

•S 22 PCS

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. 

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. 

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. 


jbell on PROD1PC69 with BILLS
8 

•S 22 PCS

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. 

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. 


jbell on PROD1PC69 with BILLS
9 

•S 22 PCS

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 

Sec. 9501. Findings. 

Sec. 9502. Definitions. 

Sec. 9503. Reclamation climate change and water program. 

Sec. 9504. Water management improvement. 

Sec. 9505. Hydroelectric power assessment. 


jbell on PROD1PC69 with BILLS
10 

•S 22 PCS

Sec. 9506. Climate change and water intragovernmental panel. 

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

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

Sec. 9509. Research agreement authority. 

Sec. 9510. Effect. 

Subtitle G—Aging Infrastructure 

Sec. 9601 Definitions. 

Sec. 9602. Guidelines and inspection of project facilities and technical assistance to transferred works operating entities. 

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

Secretary. 

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

Sec. 9605. Authorization of appropriations. 

TITLE X—WATER SETTLEMENTS 

Subtitle A—San Joaquin River Restoration Settlement 

PART I—SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT

Sec. 10001. Short title. 

Sec. 10002. Purpose. 

Sec. 10003. Definitions. 

Sec. 10004. Implementation of settlement. 

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

Sec. 10006. Compliance with applicable law. 

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

Sec. 10008. No private right of action. 

Sec. 10009. Appropriations; Settlement Fund. 

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

costs. 

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

PART II—STUDY TO DEVELOP WATER PLAN; REPORT

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

PART III—FRIANT DIVISION IMPROVEMENTS

Sec. 10201. Federal facility improvements. 

Sec. 10202. Financial assistance for local projects. 

Sec. 10203. Authorization of appropriations. 

Subtitle B—Northwestern New Mexico Rural Water Projects 

Sec. 10301. Short title. 

Sec. 10302. Definitions. 

Sec. 10303. Compliance with environmental laws. 

Sec. 10304. No reallocation of costs. 

Sec. 10305. Interest rate. 

PART I—AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT

AND PUBLIC LAW 87–483 

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

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


jbell on PROD1PC69 with BILLS
11 

•S 22 PCS

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. 

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

Sec. 12005. Ocean Exploration Advisory Board. 

Sec. 12006. Authorization of appropriations. 


jbell on PROD1PC69 with BILLS
12 

•S 22 PCS

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. 

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

TITLE XIII—MISCELLANEOUS 

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


jbell on PROD1PC69 with BILLS
13 

•S 22 PCS

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. 

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 


jbell on PROD1PC69 with BILLS
14 

•S 22 PCS

1 the State of West Virginia are designated as wilderness 

2 and as either a new component of the National Wilderness 

3 Preservation System or as an addition to an existing com4 ponent of the National Wilderness Preservation System: 

5 (1) Certain Federal land comprising approxi6 mately 5,144 acres, as generally depicted on the 

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

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

9 ‘‘Big Draft Wilderness’’. 

10 (2) Certain Federal land comprising approxi11 mately 11,951 acres, as generally depicted on the 

12 map entitled ‘‘Cranberry Expansion Proposed Wil13 derness’’ and dated March 11, 2008, which shall be 

14 added to and administered as part of the Cranberry 

15 Wilderness designated by section 1(1) of Public Law 

16 97–466 (96 Stat. 2538). 

17 (3) Certain Federal land comprising approxi18 mately 7,156 acres, as generally depicted on the 

19 map entitled ‘‘Dolly Sods Expansion Proposed Wil20 derness’’ and dated March 11, 2008, which shall be 

21 added to and administered as part of the Dolly Sods 

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

23 Law 93–622 (88 Stat. 2098). 

24 (4) Certain Federal land comprising approxi25 mately 698 acres, as generally depicted on the map 


jbell on PROD1PC69 with BILLS
15 

•S 22 PCS

1 entitled ‘‘Otter Creek Expansion Proposed Wilder2 ness’’ and dated March 11, 2008, which shall be 

3 added to and administered as part of the Otter 

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

5 Public Law 93–622 (88 Stat. 2098). 

6 (5) Certain Federal land comprising approxi7 mately 6,792 acres, as generally depicted on the 

8 map entitled ‘‘Roaring Plains Proposed Wilderness’’ 

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

10 the ‘‘Roaring Plains West Wilderness’’. 

11 (6) Certain Federal land comprising approxi12 mately 6,030 acres, as generally depicted on the 

13 map entitled ‘‘Spice Run Proposed Wilderness’’ and 

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

15 ‘‘Spice Run Wilderness’’. 

16 (b) MAPS AND LEGAL DESCRIPTION.— 

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

18 practicable after the date of the enactment of this 

19 Act, the Secretary of Agriculture, acting through the 

20 Chief of the Forest Service, shall file with the Com21 mittee on Natural Resources of the House of Rep22 resentatives and the Committee on Energy and Nat23 ural Resources of the Senate a map and legal de24 scription of each wilderness area designated or ex25 panded by subsection (a). The maps and legal deVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
16 

•S 22 PCS

1 scriptions shall be on file and available for public in2 spection in the office of the Chief of the Forest Serv3 ice and the office of the Supervisor of the 

4 Monongahela National Forest. 

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

6 descriptions referred to in this subsection shall have 

7 the same force and effect as if included in this sub8 title, except that the Secretary may correct errors in 

9 the maps and descriptions. 

10 (c) ADMINISTRATION.—Subject to valid existing 

11 rights, the Federal lands designated as wilderness by sub12 section (a) shall be administered by the Secretary in ac13 cordance with the Wilderness Act (16 U.S.C. 1131 et 

14 seq.). The Secretary may continue to authorize the com15 petitive running event permitted from 2003 through 2007 

16 in the vicinity of the boundaries of the Dolly Sods Wilder17 ness addition designated by paragraph (3) of subsection 

18 (a) and the Roaring Plains West Wilderness Area des19 ignated by paragraph (5) of such subsection, in a manner 

20 compatible with the preservation of such areas as wilder21 ness. 

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

23 respect to the Federal lands designated as wilderness by 

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

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


jbell on PROD1PC69 with BILLS
17 

•S 22 PCS

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

2 enactment of this Act. 

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

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

5 nothing in this section affects the jurisdiction or responsi6 bility of the State of West Virginia with respect to wildlife 

7 and fish. 

8 SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH 

9 WILDERNESS, MONONGAHELA NATIONAL 

10 FOREST. 

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

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

13 of Public Law 97–466 (96 Stat. 2538) is modified to ex14 clude two parcels of land, as generally depicted on the map 

15 entitled ‘‘Monongahela National Forest Laurel Fork 

16 South Wilderness Boundary Modification’’ and dated 

17 March 11, 2008, and more particularly described accord18 ing to the site-specific maps and legal descriptions on file 

19 in the office of the Forest Supervisor, Monongahela Na20 tional Forest. The general map shall be on file and avail21 able for public inspection in the Office of the Chief of the 

22 Forest Service. 

23 (b) MANAGEMENT.—Federally owned land delineated 

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

25 Fork South Wilderness, as modified by such subsection, 


jbell on PROD1PC69 with BILLS
18 

•S 22 PCS

1 shall continue to be administered by the Secretary of Agri2 culture in accordance with the Wilderness Act (16 U.S.C. 

3 1131 et seq.). 

4 SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY 

5 CONFIRMATION. 

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

7 Monongahela National Forest is confirmed to include the 

8 tracts of land as generally depicted on the map entitled 

9 ‘‘Monongahela National Forest Boundary Confirmation’’ 

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

11 the jurisdiction of the Secretary of Agriculture, acting 

12 through the Chief of the Forest Service, encompassed 

13 within such boundary shall be managed under the laws 

14 and regulations pertaining to the National Forest System. 

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

16 the purposes of section 7 of the Land and Water Con17 servation Fund Act of 1965 (16 U.S.C. 460l–9), the 

18 boundaries of the Monongahela National Forest, as con19 firmed by subsection (a), shall be considered to be the 

20 boundaries of the Monongahela National Forest as of Jan21 uary 1, 1965. 

22 SEC. 1004. ENHANCED TRAIL OPPORTUNITIES. 

23 (a) PLAN.— 

24 (1) IN GENERAL.—The Secretary of Agri25 culture, in consultation with interested parties, shall 


jbell on PROD1PC69 with BILLS
19 

•S 22 PCS

1 develop a plan to provide for enhanced nonmotorized 

2 recreation trail opportunities on lands not des3 ignated as wilderness within the Monongahela Na4 tional Forest. 

5 (2) NONMOTORIZED RECREATION TRAIL DE6 FINED.—For the purposes of this subsection, the 

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

8 designed for hiking, bicycling, and equestrian use. 

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

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

11 shall submit to Congress a report on the implementation 

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

13 identification of priority trails for development. 

14 (c) CONSIDERATION OF CONVERSION OF FOREST

15 ROADS TO RECREATIONAL USES.—In considering possible 

16 closure and decommissioning of a Forest Service road 

17 within the Monongahela National Forest after the date of 

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

19 in accordance with applicable law, may consider converting 

20 the road to nonmotorized uses to enhance recreational op21 portunities within the Monongahela National Forest. 

22 Subtitle B—Virginia Ridge and 

23 Valley Wilderness 

24 SEC. 1101. DEFINITIONS. 

25 In this subtitle: 


jbell on PROD1PC69 with BILLS
20 

•S 22 PCS

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

2 means the Seng Mountain National Scenic Area and 

3 the Bear Creek National Scenic Area. 

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

5 the Secretary of Agriculture. 

6 SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOR7 EST SYSTEM LAND IN JEFFERSON NATIONAL 

8 FOREST AS WILDERNESS OR A WILDERNESS 

9 STUDY AREA. 

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

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

12 584, 114 Stat. 2057), is amended— 

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

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

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

16 and inserting ‘‘Certain’’; 

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

18 striking the semicolon at the end and inserting a pe19 riod; 

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

21 inserting a period; and 

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

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

24 Forest comprising approximately 3,743 acres, as 

25 generally depicted on the map entitled ‘Brush MounVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
21 

•S 22 PCS

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

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

3 East Wilderness’. 

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

5 Forest comprising approximately 4,794 acres, as 

6 generally depicted on the map entitled ‘Brush Moun7 tain and Brush Mountain East’ and dated May 5, 

8 2008, which shall be known as the ‘Brush Mountain 

9 Wilderness’. 

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

11 Forest comprising approximately 4,223 acres, as 

12 generally depicted on the map entitled ‘Seng Moun13 tain and Raccoon Branch’ and dated April 28, 2008, 

14 which shall be known as the ‘Raccoon Branch Wil15 derness’. 

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

17 Forest comprising approximately 3,270 acres, as 

18 generally depicted on the map entitled ‘Stone Moun19 tain’ and dated April 28, 2008, which shall be 

20 known as the ‘Stone Mountain Wilderness’. 

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

22 Forest comprising approximately 8,470 acres, as 

23 generally depicted on the map entitled ‘Garden 

24 Mountain and Hunting Camp Creek’ and dated 


jbell on PROD1PC69 with BILLS
22 

•S 22 PCS

1 April 28, 2008, which shall be known as the ‘Hunt2 ing Camp Creek Wilderness’. 

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

4 Forest comprising approximately 3,291 acres, as 

5 generally depicted on the map entitled ‘Garden 

6 Mountain and Hunting Camp Creek’ and dated 

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

8 Mountain Wilderness’. 

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

10 Forest comprising approximately 5,476 acres, as 

11 generally depicted on the map entitled ‘Mountain 

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

13 incorporated in the Mountain Lake Wilderness des14 ignated by section 2(6) of the Virginia Wilderness 

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

16 586). 

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

18 Forest comprising approximately 308 acres, as gen19 erally depicted on the map entitled ‘Lewis Fork Ad20 dition and Little Wilson Creek Additions’ and dated 

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

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

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

24 note; Public Law 98–586). 


jbell on PROD1PC69 with BILLS
23 

•S 22 PCS

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

2 Forest comprising approximately 1,845 acres, as 

3 generally depicted on the map entitled ‘Lewis Fork 

4 Addition and Little Wilson Creek Additions’ and 

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

6 Little Wilson Creek Wilderness designated by section 

7 2(5) of the Virginia Wilderness Act of 1984 (16 

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

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

10 Forest comprising approximately 2,219 acres, as 

11 generally depicted on the map entitled ‘Shawvers 

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

13 incorporated in the Shawvers Run Wilderness des14 ignated by paragraph (4). 

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

16 Forest comprising approximately 1,203 acres, as 

17 generally depicted on the map entitled ‘Peters Moun18 tain Addition’ and dated April 28, 2008, which is in19 corporated in the Peters Mountain Wilderness des20 ignated by section 2(7) of the Virginia Wilderness 

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

22 586). 

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

24 Forest comprising approximately 263 acres, as gen25 erally depicted on the map entitled ‘Kimberling 


jbell on PROD1PC69 with BILLS
24 

•S 22 PCS

1 Creek Additions and Potential Wilderness Area’ and 

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

3 Kimberling Creek Wilderness designated by section 

4 2(2) of the Virginia Wilderness Act of 1984 (16 

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

6 (b) DESIGNATION OF WILDERNESS STUDY AREA.— 

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

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

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

10 ‘‘cited’’; and 

11 (2) in section 6(a)— 

12 (A) by striking ‘‘certain’’ each place it ap13 pears and inserting ‘‘Certain’’; 

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

15 striking the semicolon at the end and inserting 

16 a period; 

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

18 and inserting a period; and 

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

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

21 Forest comprising approximately 3,226 acres, as 

22 generally depicted on the map entitled ‘Lynn Camp 

23 Creek Wilderness Study Area’ and dated April 28, 

24 2008, which shall be known as the ‘Lynn Camp 

25 Creek Wilderness Study Area’.’’. 


jbell on PROD1PC69 with BILLS
25 

•S 22 PCS

1 SEC. 1103. DESIGNATION OF KIMBERLING CREEK POTEN2 TIAL WILDERNESS AREA, JEFFERSON NA3 TIONAL FOREST, VIRGINIA. 

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

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

6 in the Jefferson National Forest comprising approxi7 mately 349 acres, as generally depicted on the map enti8 tled ‘‘Kimberling Creek Additions and Potential Wilder9 ness Area’’ and dated April 28, 2008, is designated as 

10 a potential wilderness area for incorporation in the 

11 Kimberling Creek Wilderness designated by section 2(2) 

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

13 note; Public Law 98–586). 

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

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

16 manage the potential wilderness area in accordance with 

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

18 (c) ECOLOGICAL RESTORATION.— 

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

20 restoration (including the elimination of nonnative 

21 species, removal of illegal, unused, or decommis22 sioned roads, and any other activity necessary to re23 store the natural ecosystems in the potential wilder24 ness area), the Secretary may use motorized equip25 ment and mechanized transport in the potential wil26 derness area until the date on which the potential 


jbell on PROD1PC69 with BILLS
26 

•S 22 PCS

1 wilderness area is incorporated into the Kimberling 

2 Creek Wilderness. 

3 (2) LIMITATION.—To the maximum extent 

4 practicable, the Secretary shall use the minimum 

5 tool or administrative practice necessary to accom6 plish ecological restoration with the least amount of 

7 adverse impact on wilderness character and re8 sources. 

9 (d) WILDERNESS DESIGNATION.—The potential wil10 derness area shall be designated as wilderness and incor11 porated in the Kimberling Creek Wilderness on the earlier 

12 of— 

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

14 the Federal Register notice that the conditions in 

15 the potential wilderness area that are incompatible 

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

17 have been removed; or 

18 (2) the date that is 5 years after the date of en19 actment of this Act. 

20 SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC 

21 AREAS, JEFFERSON NATIONAL FOREST, VIR22 GINIA. 

23 (a) ESTABLISHMENT.—There are designated as Na24 tional Scenic Areas— 


jbell on PROD1PC69 with BILLS
27 

•S 22 PCS

1 (1) certain National Forest System land in the 

2 Jefferson National Forest, comprising approximately 

3 5,192 acres, as generally depicted on the map enti4 tled ‘‘Seng Mountain and Raccoon Branch’’ and 

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

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

7 (2) certain National Forest System land in the 

8 Jefferson National Forest, comprising approximately 

9 5,128 acres, as generally depicted on the map enti10 tled ‘‘Bear Creek’’ and dated April 28, 2008, which 

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

12 Area’’. 

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

14 are— 

15 (1) to ensure the protection and preservation of 

16 scenic quality, water quality, natural characteristics, 

17 and water resources of the scenic areas; 

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

19 wildlife and fish habitat in the scenic areas; 

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

21 may develop characteristics of old-growth forests; 

22 and 

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

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

25 in the scenic areas. 


jbell on PROD1PC69 with BILLS
28 

•S 22 PCS

1 (c) ADMINISTRATION.— 

2 (1) IN GENERAL.—The Secretary shall admin3 ister the scenic areas in accordance with— 

4 (A) this subtitle; and 

5 (B) the laws (including regulations) gen6 erally applicable to the National Forest System. 

7 (2) AUTHORIZED USES.—The Secretary shall 

8 only allow uses of the scenic areas that the Secretary 

9 determines will further the purposes of the scenic 

10 areas, as described in subsection (b). 

11 (d) MANAGEMENT PLAN.— 

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

13 the date of enactment of this Act, the Secretary 

14 shall develop as an amendment to the land and re15 source management plan for the Jefferson National 

16 Forest a management plan for the scenic areas. 

17 (2) EFFECT.—Nothing in this subsection re18 quires the Secretary to revise the land and resource 

19 management plan for the Jefferson National Forest 

20 under section 6 of the Forest and Rangeland Renew21 able Resources Planning Act of 1974 (16 U.S.C. 

22 1604). 

23 (e) ROADS.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), after the date of enactment of this Act, 


jbell on PROD1PC69 with BILLS
29 

•S 22 PCS

1 no roads shall be established or constructed within 

2 the scenic areas. 

3 (2) LIMITATION.—Nothing in this subsection 

4 denies any owner of private land (or an interest in 

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

6 right to access the private land. 

7 (f) TIMBER HARVEST.— 

8 (1) IN GENERAL.—Except as provided in para9 graphs (2) and (3), no harvesting of timber shall be 

10 allowed within the scenic areas. 

11 (2) EXCEPTIONS.—The Secretary may author12 ize harvesting of timber in the scenic areas if the 

13 Secretary determines that the harvesting is nec14 essary to— 

15 (A) control fire; 

16 (B) provide for public safety or trail ac17 cess; or 

18 (C) control insect and disease outbreaks. 

19 (3) FIREWOOD FOR PERSONAL USE.—Firewood 

20 may be harvested for personal use along perimeter 

21 roads in the scenic areas, subject to any conditions 

22 that the Secretary may impose. 

23 (g) INSECT AND DISEASE OUTBREAKS.—The Sec24 retary may control insect and disease outbreaks— 

25 (1) to maintain scenic quality; 


jbell on PROD1PC69 with BILLS
30 

•S 22 PCS

1 (2) to prevent tree mortality; 

2 (3) to reduce hazards to visitors; or 

3 (4) to protect private land. 

4 (h) VEGETATION MANAGEMENT.—The Secretary 

5 may engage in vegetation manipulation practices in the 

6 scenic areas to maintain the visual quality and wildlife 

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

8 (i) MOTORIZED VEHICLES.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), motorized vehicles shall not be allowed 

11 within the scenic areas. 

12 (2) EXCEPTIONS.—The Secretary may author13 ize the use of motorized vehicles— 

14 (A) to carry out administrative activities 

15 that further the purposes of the scenic areas, as 

16 described in subsection (b); 

17 (B) to assist wildlife management projects 

18 in existence on the date of enactment of this 

19 Act; and 

20 (C) during deer and bear hunting sea21 sons— 

22 (i) on Forest Development Roads 

23 49410 and 84b; and 

24 (ii) on the portion of Forest Develop25 ment Road 6261 designated on the map 


jbell on PROD1PC69 with BILLS
31 

•S 22 PCS

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

2 seasonally’’. 

3 (j) WILDFIRE SUPPRESSION.—Wildfire suppression 

4 within the scenic areas shall be conducted— 

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

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

7 (2) using such means as the Secretary deter8 mines to be appropriate. 

9 (k) WATER.—The Secretary shall administer the sce10 nic areas in a manner that maintains and enhances water 

11 quality. 

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

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

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

15 laws; and 

16 (2) operation of the mineral leasing and geo17 thermal leasing laws. 

18 SEC. 1105. TRAIL PLAN AND DEVELOPMENT. 

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

20 with interested parties, shall establish a trail plan to de21 velop— 

22 (1) in a manner consistent with the Wilderness 

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

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


jbell on PROD1PC69 with BILLS
32 

•S 22 PCS

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

2 1102(a)(5)); and 

3 (2) nonmotorized recreation trails in the scenic 

4 areas. 

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

6 years after the date of enactment of this Act, the Sec7 retary shall submit to Congress a report that describes 

8 the implementation of the trail plan, including the identi9 fication of priority trails for development. 

10 (c) SUSTAINABLE TRAIL REQUIRED.—The Secretary 

11 shall develop a sustainable trail, using a contour curvi12 linear alignment, to provide for nonmotorized travel along 

13 the southern boundary of the Raccoon Branch Wilderness 

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

15 U.S.C. 1132 note) (as added by section 1102(a)(5)) con16 necting to Forest Development Road 49352 in Smyth 

17 County, Virginia. 

18 SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS. 

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

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

21 the Committee on Energy and Natural Resources of the 

22 Senate and the Committee on Natural Resources and the 

23 Committee on Agriculture of the House of Representatives 

24 maps and boundary descriptions of— 

25 (1) the scenic areas; 


jbell on PROD1PC69 with BILLS
33 

•S 22 PCS

1 (2) the wilderness areas designated by para2 graphs (9) through (20) of section 1 of Public Law 

3 100–326 (16 U.S.C. 1132 note) (as added by section 

4 1102(a)(5)); 

5 (3) the wilderness study area designated by sec6 tion 6(a)(5) of the Virginia Wilderness Act of 1984 

7 (16 U.S.C. 1132 note; Public Law 98–586) (as 

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

9 (4) the potential wilderness area designated by 

10 section 1103(a). 

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

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

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

14 the Secretary may correct any minor errors in the maps 

15 and boundary descriptions. 

16 (c) AVAILABILITY OF MAP AND BOUNDARY DESCRIP17 TION.—The maps and boundary descriptions filed under 

18 subsection (a) shall be on file and available for public in19 spection in the Office of the Chief of the Forest Service. 

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

21 map filed under subsection (a) and the acreage of the ap22 plicable areas specified in this subtitle, the map shall con23 trol. 


jbell on PROD1PC69 with BILLS
34 

•S 22 PCS

1 SEC. 1107. EFFECTIVE DATE. 

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

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

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

5 purposes of administering— 

6 (1) the wilderness areas designated by para7 graphs (9) through (20) of section 1 of Public Law 

8 100–326 (16 U.S.C. 1132 note) (as added by section 

9 1102(a)(5)); and 

10 (2) the potential wilderness area designated by 

11 section 1103(a). 

12 Subtitle C—Mt. Hood Wilderness, 

13 Oregon 

14 SEC. 1201. DEFINITIONS. 

15 In this subtitle: 

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

17 the Secretary of Agriculture. 

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

19 of Oregon. 

20 SEC. 1202. DESIGNATION OF WILDERNESS AREAS. 

21 (a) DESIGNATION OF LEWIS AND CLARK MOUNT

22 HOOD WILDERNESS AREAS.—In accordance with the Wil23 derness Act (16 U.S.C. 1131 et seq.), the following areas 

24 in the State of Oregon are designated as wilderness areas 

25 and as components of the National Wilderness Preserva26 tion System: 


jbell on PROD1PC69 with BILLS
35 

•S 22 PCS

1 (1) BADGER CREEK WILDERNESS ADDITIONS.— 

2 Certain Federal land managed by the Forest Serv3 ice, comprising approximately 4,140 acres, as gen4 erally depicted on the maps entitled ‘‘Badger Creek 

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

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

7 2007, which is incorporated in, and considered to be 

8 a part of, the Badger Creek Wilderness, as des9 ignated by section 3(3) of the Oregon Wilderness 

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

11 (2) BULL OF THE WOODS WILDERNESS ADDI12 TION.—Certain Federal land managed by the Forest 

13 Service, comprising approximately 10,180 acres, as 

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

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

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

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

18 Wilderness, as designated by section 3(4) of the Or19 egon Wilderness Act of 1984 (16 U.S.C. 1132 note; 

20 98 Stat. 273). 

21 (3) CLACKAMAS WILDERNESS.—Certain Federal 

22 land managed by the Forest Service, comprising ap23 proximately 9,470 acres, as generally depicted on the 

24 maps entitled ‘‘Clackamas Wilderness—Big Bot25 tom’’, ‘‘Clackamas Wilderness—Clackamas Canyon’’, 


jbell on PROD1PC69 with BILLS
36 

•S 22 PCS

1 ‘‘Clackamas Wilderness—Memaloose Lake’’, 

2 ‘‘Clackamas Wilderness—Sisi Butte’’, and 

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

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

5 ‘‘Clackamas Wilderness’’. 

6 (4) MARK O. HATFIELD WILDERNESS ADDI7 TIONS.—Certain Federal land managed by the For8 est Service, comprising approximately 25,960 acres, 

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

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

11 Hatfield Wilderness—Larch Mountain’’, dated July 

12 16, 2007, which is incorporated in, and considered 

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

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

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

16 (5) MOUNT HOOD WILDERNESS ADDITIONS.— 

17 Certain Federal land managed by the Forest Serv18 ice, comprising approximately 18,450 acres, as gen19 erally depicted on the maps entitled ‘‘Mount Hood 

20 Wilderness—Barlow Butte’’, ‘‘Mount Hood Wilder21 ness—Elk Cove/Mazama’’, ‘‘Richard L. Kohnstamm 

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

23 Canyon’’, ‘‘Mount Hood Wilderness—Sandy Addi24 tions’’, ‘‘Mount Hood Wilderness—Twin Lakes’’, 

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


jbell on PROD1PC69 with BILLS
37 

•S 22 PCS

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

2 Wilderness—Cloud Cap’’, dated July 20, 2007, 

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

4 of, the Mount Hood Wilderness, as designated under 

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

6 1132(a)) and enlarged by section 3(d) of the Endan7 gered American Wilderness Act of 1978 (16 U.S.C. 

8 1132 note; 92 Stat. 43). 

9 (6) ROARING RIVER WILDERNESS.—Certain 

10 Federal land managed by the Forest Service, com11 prising approximately 36,550 acres, as generally de12 picted on the map entitled ‘‘Roaring River Wilder13 ness—Roaring River Wilderness’’, dated July 16, 

14 2007, which shall be known as the ‘‘Roaring River 

15 Wilderness’’. 

16 (7) SALMON-HUCKLEBERRY WILDERNESS ADDI17 TIONS.—Certain Federal land managed by the For18 est Service, comprising approximately 16,620 acres, 

19 as generally depicted on the maps entitled ‘‘Salmon20 Huckleberry Wilderness—Alder Creek Addition’’, 

21 ‘‘Salmon-Huckleberry Wilderness—Eagle Creek Ad22 dition’’, ‘‘Salmon-Huckleberry Wilderness—Hunch23 back Mountain’’, ‘‘Salmon-Huckleberry Wilder24 ness—Inch Creek’’, ‘‘Salmon-Huckleberry Wilder25 ness—Mirror Lake’’, and ‘‘Salmon-Huckleberry WilVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
38 

•S 22 PCS

1 derness—Salmon River Meadows’’, dated July 16, 

2 2007, which is incorporated in, and considered to be 

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

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

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

6 (8) LOWER WHITE RIVER WILDERNESS.—Cer7 tain Federal land managed by the Forest Service 

8 and Bureau of Land Management, comprising ap9 proximately 2,870 acres, as generally depicted on the 

10 map entitled ‘‘Lower White River Wilderness— 

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

12 shall be known as the ‘‘Lower White River Wilder13 ness’’. 

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

15 Certain Federal land managed by the Forest Service, as 

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

17 Kohnstamm Memorial Area’’, dated July 16, 2007, is des18 ignated as the ‘‘Richard L. Kohnstamm Memorial Area’’. 

19 (c) POTENTIAL WILDERNESS AREA; ADDITIONS TO

20 WILDERNESS AREAS.— 

21 (1) ROARING RIVER POTENTIAL WILDERNESS

22 AREA.— 

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

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

25 1131 et seq.), certain Federal land managed by 


jbell on PROD1PC69 with BILLS
39 

•S 22 PCS

1 the Forest Service, comprising approximately 

2 900 acres identified as ‘‘Potential Wilderness’’ 

3 on the map entitled ‘‘Roaring River Wilder4 ness’’, dated July 16, 2007, is designated as a 

5 potential wilderness area. 

6 (B) MANAGEMENT.—The potential wilder7 ness area designated by subparagraph (A) shall 

8 be managed in accordance with section 4 of the 

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

10 (C) DESIGNATION AS WILDERNESS.—On 

11 the date on which the Secretary publishes in 

12 the Federal Register notice that the conditions 

13 in the potential wilderness area designated by 

14 subparagraph (A) are compatible with the Wil15 derness Act (16 U.S.C. 1131 et seq.), the po16 tential wilderness shall be— 

17 (i) designated as wilderness and as a 

18 component of the National Wilderness 

19 Preservation System; and 

20 (ii) incorporated into the Roaring 

21 River Wilderness designated by subsection 

22 (a)(6). 

23 (2) ADDITION TO THE MOUNT HOOD WILDER24 NESS.—On completion of the land exchange under 

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


jbell on PROD1PC69 with BILLS
40 

•S 22 PCS

1 the Forest Service, comprising approximately 1,710 

2 acres, as generally depicted on the map entitled 

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

4 20, 2007, shall be incorporated in, and considered to 

5 be a part of, the Mount Hood Wilderness, as des6 ignated under section 3(a) of the Wilderness Act (16 

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

8 Endangered American Wilderness Act of 1978 (16 

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

10 (a)(5). 

11 (3) ADDITION TO THE SALMON-HUCKLEBERRY

12 WILDERNESS.—On acquisition by the United States, 

13 the approximately 160 acres of land identified as 

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

15 ‘‘Hunchback Mountain Land Exchange, Clackamas 

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

17 and considered to be a part of, the Salmon18 Huckleberry Wilderness, as designated by section 

19 3(2) of the Oregon Wilderness Act of 1984 (16 

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

21 subsection (a)(7). 

22 (d) MAPS AND LEGAL DESCRIPTIONS.— 

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

24 the date of enactment of this Act, the Secretary 

25 shall file a map and a legal description of each wilVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
41 

•S 22 PCS

1 derness area and potential wilderness area des2 ignated by this section, with— 

3 (A) the Committee on Energy and Natural 

4 Resources of the Senate; and 

5 (B) the Committee on Natural Resources 

6 of the House of Representatives. 

7 (2) FORCE OF LAW.—The maps and legal de8 scriptions filed under paragraph (1) shall have the 

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

10 except that the Secretary may correct typographical 

11 errors in the maps and legal descriptions. 

12 (3) PUBLIC AVAILABILITY.—Each map and 

13 legal description filed under paragraph (1) shall be 

14 on file and available for public inspection in the ap15 propriate offices of the Forest Service and Bureau 

16 of Land Management. 

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

18 the areas designated as wilderness by subsection (a) 

19 that are immediately adjacent to a utility right-of20 way or a Federal Energy Regulatory Commission 

21 project boundary shall be 100 feet from the bound22 ary of the right-of-way or the project boundary. 

23 (e) ADMINISTRATION.— 

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

25 rights, each area designated as wilderness by this 


jbell on PROD1PC69 with BILLS
42 

•S 22 PCS

1 section shall be administered by the Secretary that 

2 has jurisdiction over the land within the wilderness, 

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

4 1131 et seq.), except that— 

5 (A) any reference in that Act to the effec6 tive date shall be considered to be a reference 

7 to the date of enactment of this Act; and 

8 (B) any reference in that Act to the Sec9 retary of Agriculture shall be considered to be 

10 a reference to the Secretary that has jurisdic11 tion over the land within the wilderness. 

12 (2) INCORPORATION OF ACQUIRED LAND AND

13 INTERESTS.—Any land within the boundary of a wil14 derness area designated by this section that is ac15 quired by the United States shall— 

16 (A) become part of the wilderness area in 

17 which the land is located; and 

18 (B) be managed in accordance with this 

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

20 seq.), and any other applicable law. 

21 (f) BUFFER ZONES.— 

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

23 Wilderness Act of 1984 (16 U.S.C. 1132 note; Pub24 lic Law 98–328), Congress does not intend for des25 ignation of wilderness areas in the State under this 


jbell on PROD1PC69 with BILLS
43 

•S 22 PCS

1 section to lead to the creation of protective perim2 eters or buffer zones around each wilderness area. 

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

4 The fact that nonwilderness activities or uses can be 

5 seen or heard from within a wilderness area shall 

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

7 boundary of the wilderness area. 

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

9 affects the jurisdiction or responsibilities of the State with 

10 respect to fish and wildlife. 

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

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

13 1133(d)(1)), within the wilderness areas designated by 

14 this section, the Secretary that has jurisdiction over the 

15 land within the wilderness (referred to in this subsection 

16 as the ‘‘Secretary’’) may take such measures as are nec17 essary to control fire, insects, and diseases, subject to such 

18 terms and conditions as the Secretary determines to be 

19 desirable and appropriate. 

20 (i) WITHDRAWAL.—Subject to valid rights in exist21 ence on the date of enactment of this Act, the Federal 

22 land designated as wilderness by this section is withdrawn 

23 from all forms of— 

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

25 public land laws; 


jbell on PROD1PC69 with BILLS
44 

•S 22 PCS

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

2 laws; and 

3 (3) disposition under all laws pertaining to min4 eral and geothermal leasing or mineral materials. 

5 SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCE6 NIC RIVER PROTECTION IN THE MOUNT 

7 HOOD AREA. 

8 (a) WILD AND SCENIC RIVER DESIGNATIONS, 

9 MOUNT HOOD NATIONAL FOREST.— 

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

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

12 by adding at the end the following: 

13 ‘‘(171) SOUTH FORK CLACKAMAS RIVER, OR14 EGON.—The 4.2-mile segment of the South Fork 

15 Clackamas River from its confluence with the East 

16 Fork of the South Fork Clackamas to its confluence 

17 with the Clackamas River, to be administered by the 

18 Secretary of Agriculture as a wild river. 

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

20 segment of Eagle Creek from its headwaters to the 

21 Mount Hood National Forest boundary, to be ad22 ministered by the Secretary of Agriculture as a wild 

23 river. 

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

25 mile segment of the Middle Fork Hood River from 


jbell on PROD1PC69 with BILLS
45 

•S 22 PCS

1 the confluence of Clear and Coe Branches to the 

2 north section line of section 11, township 1 south, 

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

4 Agriculture as a scenic river. 

5 ‘‘(174) SOUTH FORK ROARING RIVER, OR6 EGON.—The 4.6-mile segment of the South Fork 

7 Roaring River from its headwaters to its confluence 

8 with Roaring River, to be administered by the Sec9 retary of Agriculture as a wild river. 

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

11 segment of the Zig Zag River from its headwaters 

12 to the Mount Hood Wilderness boundary, to be ad13 ministered by the Secretary of Agriculture as a wild 

14 river. 

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

16 ‘‘(A) IN GENERAL.—The 11.1-mile seg17 ment of Fifteenmile Creek from its source at 

18 Senecal Spring to the southern edge of the 

19 northwest quarter of the northwest quarter of 

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

21 be administered by the Secretary of Agriculture 

22 in the following classes: 

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

24 source at Senecal Spring to the Badger 


jbell on PROD1PC69 with BILLS
46 

•S 22 PCS

1 Creek Wilderness boundary, as a wild 

2 river. 

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

4 Badger Creek Wilderness boundary to the 

5 point 0.4 miles downstream, as a scenic 

6 river. 

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

8 point 0.4 miles downstream of the Badger 

9 Creek Wilderness boundary to the western 

10 edge of section 20, township 2 south, 

11 range 12 east as a wild river. 

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

13 western edge of section 20, township 2 

14 south, range 12 east, to the southern edge 

15 of the northwest quarter of the northwest 

16 quarter of section 20, township 2 south, 

17 range 12 east as a scenic river. 

18 ‘‘(B) INCLUSIONS.—Notwithstanding sec19 tion 3(b), the lateral boundaries of both the 

20 wild river area and the scenic river area along 

21 Fifteenmile Creek shall include an average of 

22 not more than 640 acres per mile measured 

23 from the ordinary high water mark on both 

24 sides of the river. 


jbell on PROD1PC69 with BILLS
47 

•S 22 PCS

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

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

3 from Oregon State Highway 35 to the Mount Hood 

4 National Forest boundary, to be administered by the 

5 Secretary of Agriculture as a recreational river. 

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

7 17.8-mile segment of the Collawash River from the 

8 headwaters of the East Fork Collawash to the con9 fluence of the mainstream of the Collawash River 

10 with the Clackamas River, to be administered by the 

11 Secretary of Agriculture in the following classes: 

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

13 headwaters of the East Fork Collawash River 

14 to Buckeye Creek, as a scenic river. 

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

16 Creek to the Clackamas River, as a recreational 

17 river. 

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

19 segment of Fish Creek from its headwaters to the 

20 confluence with the Clackamas River, to be adminis21 tered by the Secretary of Agriculture as a rec22 reational river.’’. 

23 (2) EFFECT.—The amendments made by para24 graph (1) do not affect valid existing water rights. 


jbell on PROD1PC69 with BILLS
48 

•S 22 PCS

1 (b) PROTECTION FOR HOOD RIVER, OREGON.—Sec2 tion 13(a)(4) of the ‘‘Columbia River Gorge National Sce3 nic Area Act’’ (16 U.S.C. 544k(a)(4)) is amended by strik4 ing ‘‘for a period not to exceed twenty years from the date 

5 of enactment of this Act,’’. 

6 SEC. 1204. MOUNT HOOD NATIONAL RECREATION AREA. 

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

8 preservation, and enhancement of recreational, ecological, 

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

10 there is established the Mount Hood National Recreation 

11 Area within the Mount Hood National Forest. 

12 (b) BOUNDARY.—The Mount Hood National Recre13 ation Area shall consist of certain Federal land managed 

14 by the Forest Service and Bureau of Land Management, 

15 comprising approximately 34,550 acres, as generally de16 picted on the maps entitled ‘‘National Recreation Areas— 

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

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

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

20 (c) MAP AND LEGAL DESCRIPTION.— 

21 (1) SUBMISSION OF LEGAL DESCRIPTION.—As 

22 soon as practicable after the date of enactment of 

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

24 description of the Mount Hood National Recreation 

25 Area with— 


jbell on PROD1PC69 with BILLS
49 

•S 22 PCS

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 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 typographical 

9 errors in the map and the legal description. 

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

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

12 and available for public inspection in the appropriate 

13 offices of the Forest Service. 

14 (d) ADMINISTRATION.— 

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

16 (A) administer the Mount Hood National 

17 Recreation Area— 

18 (i) in accordance with the laws (in19 cluding regulations) and rules applicable to 

20 the National Forest System; and 

21 (ii) consistent with the purposes de22 scribed in subsection (a); and 

23 (B) only allow uses of the Mount Hood 

24 National Recreation Area that are consistent 

25 with the purposes described in subsection (a). 


jbell on PROD1PC69 with BILLS
50 

•S 22 PCS

1 (2) APPLICABLE LAW.—Any portion of a wil2 derness area designated by section 1202 that is lo3 cated within the Mount Hood National Recreation 

4 Area shall be administered in accordance with the 

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

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

7 within the Mount Hood National Recreation Area may be 

8 permitted— 

9 (1) to the extent necessary to improve the 

10 health of the forest in a manner that— 

11 (A) maximizes the retention of large 

12 trees— 

13 (i) as appropriate to the forest type; 

14 and 

15 (ii) to the extent that the trees pro16 mote stands that are fire-resilient and 

17 healthy; 

18 (B) improves the habitats of threatened, 

19 endangered, or sensitive species; or 

20 (C) maintains or restores the composition 

21 and structure of the ecosystem by reducing the 

22 risk of uncharacteristic wildfire; 

23 (2) to accomplish an approved management ac24 tivity in furtherance of the purposes established by 


jbell on PROD1PC69 with BILLS
51 

•S 22 PCS

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

2 is incidental to the management activity; or 

3 (3) for de minimus personal or administrative 

4 use within the Mount Hood National Recreation 

5 Area, where such use will not impair the purposes 

6 established by this section. 

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

8 roads shall be constructed or reconstructed within the 

9 Mount Hood National Recreation Area except as nec10 essary— 

11 (1) to protect the health and safety of individ12 uals in cases of an imminent threat of flood, fire, or 

13 any other catastrophic event that, without interven14 tion, would cause the loss of life or property; 

15 (2) to conduct environmental cleanup required 

16 by the United States; 

17 (3) to allow for the exercise of reserved or out18 standing rights provided for by a statute or treaty; 

19 (4) to prevent irreparable resource damage by 

20 an existing road; or 

21 (5) to rectify a hazardous road condition. 

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

23 all Federal land within the Mount Hood National Recre24 ation Area is withdrawn from— 


jbell on PROD1PC69 with BILLS
52 

•S 22 PCS

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

2 under the public land laws; 

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

4 laws; and 

5 (3) disposition under all laws relating to min6 eral and geothermal leasing. 

7 (h) TRANSFER OF ADMINISTRATIVE JURISDIC8 TION.— 

9 (1) IN GENERAL.—Administrative jurisdiction 

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

11 transferred from the Bureau of Land Management 

12 to the Forest Service. 

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

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

15 of land administered by the Bureau of Land Man16 agement that is within or adjacent to the Mount 

17 Hood National Recreation Area and that is identi18 fied as ‘‘BLM Lands’’ on the map entitled ‘‘National 

19 Recreation Areas—Shellrock Mountain’’, dated Feb20 ruary 2007. 

21 SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER 

22 BIG BOTTOM, AND CULTUS CREEK. 

23 (a) CRYSTAL SPRINGS WATERSHED SPECIAL RE24 SOURCES MANAGEMENT UNIT.— 

25 (1) ESTABLISHMENT.— 


jbell on PROD1PC69 with BILLS
53 

•S 22 PCS

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

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

3 shall be established a special resources manage4 ment unit in the State consisting of certain 

5 Federal land managed by the Forest Service, as 

6 generally depicted on the map entitled ‘‘Crystal 

7 Springs Watershed Special Resources Manage8 ment Unit’’, dated June 2006 (referred to in 

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

10 the ‘‘Crystal Springs Watershed Special Re11 sources Management Unit’’ (referred to in this 

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

13 (B) EXCLUSION OF CERTAIN LAND.—The 

14 Management Unit does not include any Na15 tional Forest System land otherwise covered by 

16 subparagraph (A) that is designated as wilder17 ness by section 1202. 

18 (C) WITHDRAWAL.— 

19 (i) IN GENERAL.—Subject to valid 

20 rights in existence on the date of enact21 ment of this Act, the Federal land des22 ignated as the Management Unit is with23 drawn from all forms of— 

24 (I) entry, appropriation, or dis25 posal under the public land laws; 


jbell on PROD1PC69 with BILLS
54 

•S 22 PCS

1 (II) location, entry, and patent 

2 under the mining laws; and 

3 (III) disposition under all laws 

4 pertaining to mineral and geothermal 

5 leasing or mineral materials. 

6 (ii) EXCEPTION.—Clause (i)(I) does 

7 not apply to the parcel of land generally 

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

9 (2) PURPOSES.—The purposes of the Manage10 ment Unit are— 

11 (A) to ensure the protection of the quality 

12 and quantity of the Crystal Springs watershed 

13 as a clean drinking water source for the resi14 dents of Hood River County, Oregon; and 

15 (B) to allow visitors to enjoy the special 

16 scenic, natural, cultural, and wildlife values of 

17 the Crystal Springs watershed. 

18 (3) MAP AND LEGAL DESCRIPTION.— 

19 (A) SUBMISSION OF LEGAL DESCRIP20 TION.—As soon as practicable after the date of 

21 enactment of this Act, the Secretary shall file 

22 a map and a legal description of the Manage23 ment Unit with— 

24 (i) the Committee on Energy and 

25 Natural Resources of the Senate; and 


jbell on PROD1PC69 with BILLS
55 

•S 22 PCS

1 (ii) the Committee on Natural Re2 sources of the House of Representatives. 

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

4 description filed under subparagraph (A) shall 

5 have the same force and effect as if included in 

6 this subtitle, except that the Secretary may cor7 rect typographical errors in the map and legal 

8 description. 

9 (C) PUBLIC AVAILABILITY.—The map and 

10 legal description filed under subparagraph (A) 

11 shall be on file and available for public inspec12 tion in the appropriate offices of the Forest 

13 Service. 

14 (4) ADMINISTRATION.— 

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

16 (i) administer the Management 

17 Unit— 

18 (I) in accordance with the laws 

19 (including regulations) and rules ap20 plicable to units of the National For21 est System; and 

22 (II) consistent with the purposes 

23 described in paragraph (2); and 


jbell on PROD1PC69 with BILLS
56 

•S 22 PCS

1 (ii) only allow uses of the Manage2 ment Unit that are consistent with the 

3 purposes described in paragraph (2). 

4 (B) FUEL REDUCTION IN PROXIMITY TO

5 IMPROVEMENTS AND PRIMARY PUBLIC

6 ROADS.—To protect the water quality, water 

7 quantity, and scenic, cultural, natural, and 

8 wildlife values of the Management Unit, the 

9 Secretary may conduct fuel reduction and forest 

10 health management treatments to maintain and 

11 restore fire-resilient forest structures containing 

12 late successional forest structure characterized 

13 by large trees and multistoried canopies, as eco14 logically appropriate, on National Forest Sys15 tem land in the Management Unit— 

16 (i) in any area located not more than 

17 400 feet from structures located on— 

18 (I) National Forest System land; 

19 or 

20 (II) private land adjacent to Na21 tional Forest System land; 

22 (ii) in any area located not more than 

23 400 feet from the Cooper Spur Road, the 

24 Cloud Cap Road, or the Cooper Spur Ski 

25 Area Loop Road; and 


jbell on PROD1PC69 with BILLS
57 

•S 22 PCS

1 (iii) on any other National Forest 

2 System land in the Management Unit, with 

3 priority given to activities that restore pre4 viously harvested stands, including the re5 moval of logging slash, smaller diameter 

6 material, and ladder fuels. 

7 (5) PROHIBITED ACTIVITIES.—Subject to valid 

8 existing rights, the following activities shall be pro9 hibited on National Forest System land in the Man10 agement Unit: 

11 (A) New road construction or renovation of 

12 existing non-System roads, except as necessary 

13 to protect public health and safety. 

14 (B) Projects undertaken for the purpose of 

15 harvesting commercial timber (other than ac16 tivities relating to the harvest of merchantable 

17 products that are byproducts of activities con18 ducted to further the purposes described in 

19 paragraph (2)). 

20 (C) Commercial livestock grazing. 

21 (D) The placement of new fuel storage 

22 tanks. 

23 (E) Except to the extent necessary to fur24 ther the purposes described in paragraph (2), 

25 the application of any toxic chemicals (other 


jbell on PROD1PC69 with BILLS
58 

•S 22 PCS

1 than fire retardants), including pesticides, 

2 rodenticides, or herbicides. 

3 (6) FOREST ROAD CLOSURES.— 

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

5 subparagraph (B), the Secretary may provide 

6 for the closure or gating to the general public 

7 of any Forest Service road within the Manage8 ment Unit. 

9 (B) EXCEPTION.—Nothing in this sub10 section requires the Secretary to close the road 

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

12 shall be administered in accordance with other13 wise applicable law. 

14 (7) PRIVATE LAND.— 

15 (A) EFFECT.—Nothing in this subsection 

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

17 property within the area identified on the map 

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

19 by— 

20 (i) the owners of the private property; 

21 and 

22 (ii) guests to the private property. 

23 (B) COOPERATION.—The Secretary is en24 couraged to work with private landowners who 


jbell on PROD1PC69 with BILLS
59 

•S 22 PCS

1 have agreed to cooperate with the Secretary to 

2 further the purposes of this subsection. 

3 (8) ACQUISITION OF LAND.— 

4 (A) IN GENERAL.—The Secretary may ac5 quire from willing landowners any land located 

6 within the area identified on the map as the 

7 ‘‘Crystal Springs Zone of Contribution’’. 

8 (B) INCLUSION IN MANAGEMENT UNIT.— 

9 On the date of acquisition, any land acquired 

10 under subparagraph (A) shall be incorporated 

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

12 Unit. 

13 (b) PROTECTIONS FOR UPPER BIG BOTTOM AND

14 CULTUS CREEK.— 

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

16 the Federal land administered by the Forest Service 

17 described in paragraph (2) in a manner that pre18 serves the natural and primitive character of the 

19 land for recreational, scenic, and scientific use. 

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

21 referred to in paragraph (1) is— 

22 (A) the approximately 1,580 acres, as gen23 erally depicted on the map entitled ‘‘Upper Big 

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


jbell on PROD1PC69 with BILLS
60 

•S 22 PCS

1 (B) the approximately 280 acres identified 

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

3 ‘‘Clackamas Wilderness—South Fork 

4 Clackamas’’, dated July 16, 2007. 

5 (3) MAPS AND LEGAL DESCRIPTIONS.— 

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

7 after the date of enactment of this Act, the Sec8 retary shall file maps and legal descriptions of 

9 the Federal land described in paragraph (2) 

10 with— 

11 (i) the Committee on Energy and 

12 Natural Resources of the Senate; and 

13 (ii) the Committee on Natural Re14 sources of the House of Representatives. 

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

16 descriptions filed under subparagraph (A) shall 

17 have the same force and effect as if included in 

18 this subtitle, except that the Secretary may cor19 rect typographical errors in the maps and legal 

20 descriptions. 

21 (C) PUBLIC AVAILABILITY.—Each map 

22 and legal description filed under subparagraph 

23 (A) shall be on file and available for public in24 spection in the appropriate offices of the Forest 

25 Service. 


jbell on PROD1PC69 with BILLS
61 

•S 22 PCS

1 (4) USE OF LAND.— 

2 (A) IN GENERAL.—Subject to valid exist3 ing rights, with respect to the Federal land de4 scribed in paragraph (2), the Secretary shall 

5 only allow uses that are consistent with the pur6 poses identified in paragraph (1). 

7 (B) PROHIBITED USES.—The following 

8 shall be prohibited on the Federal land de9 scribed in paragraph (2): 

10 (i) Permanent roads. 

11 (ii) Commercial enterprises. 

12 (iii) Except as necessary to meet the 

13 minimum requirements for the administra14 tion of the Federal land and to protect 

15 public health and safety— 

16 (I) the use of motor vehicles; or 

17 (II) the establishment of tem18 porary roads. 

19 (5) WITHDRAWAL.—Subject to valid existing 

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

21 is withdrawn from— 

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

23 disposal under the public land laws; 

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

25 mining laws; and 


jbell on PROD1PC69 with BILLS
62 

•S 22 PCS

1 (C) disposition under all laws relating to 

2 mineral and geothermal leasing. 

3 SEC. 1206. LAND EXCHANGES. 

4 (a) COOPER SPUR-GOVERNMENT CAMP LAND EX5 CHANGE.— 

6 (1) DEFINITIONS.—In this subsection: 

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

8 Hood River County, Oregon. 

9 (B) EXCHANGE MAP.—The term ‘‘ex10 change map’’ means the map entitled ‘‘Cooper 

11 Spur/Government Camp Land Exchange’’, 

12 dated June 2006. 

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

14 land’’ means the approximately 120 acres of 

15 National Forest System land in the Mount 

16 Hood National Forest in Government Camp, 

17 Clackamas County, Oregon, identified as 

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

19 map. 

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

21 Hood Meadows’’ means the Mt. Hood Meadows 

22 Oregon, Limited Partnership. 

23 (E) NON-FEDERAL LAND.—The term 

24 ‘‘non-Federal land’’ means— 


jbell on PROD1PC69 with BILLS
63 

•S 22 PCS

1 (i) the parcel of approximately 770 

2 acres of private land at Cooper Spur iden3 tified as ‘‘Land to be acquired by USFS’’ 

4 on the exchange map; and 

5 (ii) any buildings, furniture, fixtures, 

6 and equipment at the Inn at Cooper Spur 

7 and the Cooper Spur Ski Area covered by 

8 an appraisal described in paragraph 

9 (2)(D). 

10 (2) COOPER SPUR-GOVERNMENT CAMP LAND

11 EXCHANGE.— 

12 (A) CONVEYANCE OF LAND.—Subject to 

13 the provisions of this subsection, if Mt. Hood 

14 Meadows offers to convey to the United States 

15 all right, title, and interest of Mt. Hood Mead16 ows in and to the non-Federal land, the Sec17 retary shall convey to Mt. Hood Meadows all 

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

19 and to the Federal land (other than any ease20 ments reserved under subparagraph (G)), sub21 ject to valid existing rights. 

22 (B) COMPLIANCE WITH EXISTING LAW.— 

23 Except as otherwise provided in this subsection, 

24 the Secretary shall carry out the land exchange 

25 under this subsection in accordance with section 


jbell on PROD1PC69 with BILLS
64 

•S 22 PCS

1 206 of the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1716). 

3 (C) CONDITIONS ON ACCEPTANCE.— 

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

5 exchange under this subsection, title to the 

6 non-Federal land to be acquired by the 

7 Secretary under this subsection shall be ac8 ceptable to the Secretary. 

9 (ii) TERMS AND CONDITIONS.—The 

10 conveyance of the Federal land and non11 Federal land shall be subject to such terms 

12 and conditions as the Secretary may re13 quire. 

14 (D) APPRAISALS.— 

15 (i) IN GENERAL.—As soon as prac16 ticable after the date of enactment of this 

17 Act, the Secretary and Mt. Hood Meadows 

18 shall select an appraiser to conduct an ap19 praisal of the Federal land and non-Fed20 eral land. 

21 (ii) REQUIREMENTS.—An appraisal 

22 under clause (i) shall be conducted in ac23 cordance with nationally recognized ap24 praisal standards, including— 


jbell on PROD1PC69 with BILLS
65 

•S 22 PCS

1 (I) the Uniform Appraisal Stand2 ards for Federal Land Acquisitions; 

3 and 

4 (II) the Uniform Standards of 

5 Professional Appraisal Practice. 

6 (E) SURVEYS.— 

7 (i) IN GENERAL.—The exact acreage 

8 and legal description of the Federal land 

9 and non-Federal land shall be determined 

10 by surveys approved by the Secretary. 

11 (ii) COSTS.—The responsibility for the 

12 costs of any surveys conducted under 

13 clause (i), and any other administrative 

14 costs of carrying out the land exchange, 

15 shall be determined by the Secretary and 

16 Mt. Hood Meadows. 

17 (F) DEADLINE FOR COMPLETION OF LAND

18 EXCHANGE.—It is the intent of Congress that 

19 the land exchange under this subsection shall be 

20 completed not later than 16 months after the 

21 date of enactment of this Act. 

22 (G) RESERVATION OF EASEMENTS.—As a 

23 condition of the conveyance of the Federal land, 

24 the Secretary shall reserve— 


jbell on PROD1PC69 with BILLS
66 

•S 22 PCS

1 (i) a conservation easement to the 

2 Federal land to protect existing wetland, 

3 as identified by the Oregon Department of 

4 State Lands, that allows equivalent wet5 land mitigation measures to compensate 

6 for minor wetland encroachments nec7 essary for the orderly development of the 

8 Federal land; and 

9 (ii) a trail easement to the Federal 

10 land that allows— 

11 (I) nonmotorized use by the pub12 lic of existing trails; 

13 (II) roads, utilities, and infra14 structure facilities to cross the trails; 

15 and 

16 (III) improvement or relocation 

17 of the trails to accommodate develop18 ment of the Federal land. 

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

20 (1) DEFINITIONS.—In this subsection: 

21 (A) EXCHANGE MAP.—The term ‘‘ex22 change map’’ means the map entitled ‘‘Port of 

23 Cascade Locks/Pacific Crest National Scenic 

24 Trail Land Exchange’’, dated June 2006. 


jbell on PROD1PC69 with BILLS
67 

•S 22 PCS

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

2 land’’ means the parcel of land consisting of ap3 proximately 10 acres of National Forest System 

4 land in the Columbia River Gorge National Sce5 nic Area identified as ‘‘USFS Land to be con6 veyed’’ on the exchange map. 

7 (C) NON-FEDERAL LAND.—The term 

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

9 consisting of approximately 40 acres identified 

10 as ‘‘Land to be acquired by USFS’’ on the ex11 change map. 

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

13 Port of Cascade Locks, Cascade Locks, Oregon. 

14 (2) LAND EXCHANGE, PORT OF CASCADE

15 LOCKS-PACIFIC CREST NATIONAL SCENIC TRAIL.— 

16 (A) CONVEYANCE OF LAND.—Subject to 

17 the provisions of this subsection, if the Port of18 fers to convey to the United States all right, 

19 title, and interest of the Port in and to the non20 Federal land, the Secretary shall, subject to 

21 valid existing rights, convey to the Port all 

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

23 and to the Federal land. 

24 (B) COMPLIANCE WITH EXISTING LAW.— 

25 Except as otherwise provided in this subsection, 


jbell on PROD1PC69 with BILLS
68 

•S 22 PCS

1 the Secretary shall carry out the land exchange 

2 under this subsection in accordance with section 

3 206 of the Federal Land Policy and Manage4 ment Act of 1976 (43 U.S.C. 1716). 

5 (3) CONDITIONS ON ACCEPTANCE.— 

6 (A) TITLE.—As a condition of the land ex7 change under this subsection, title to the non8 Federal land to be acquired by the Secretary 

9 under this subsection shall be acceptable to the 

10 Secretary. 

11 (B) TERMS AND CONDITIONS.—The con12 veyance of the Federal land and non-Federal 

13 land shall be subject to such terms and condi14 tions as the Secretary may require. 

15 (4) APPRAISALS.— 

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

17 after the date of enactment of this Act, the Sec18 retary shall select an appraiser to conduct an 

19 appraisal of the Federal land and non-Federal 

20 land. 

21 (B) REQUIREMENTS.—An appraisal under 

22 subparagraph (A) shall be conducted in accord23 ance with nationally recognized appraisal stand24 ards, including— 


jbell on PROD1PC69 with BILLS
69 

•S 22 PCS

1 (i) the Uniform Appraisal Standards 

2 for Federal Land Acquisitions; and 

3 (ii) the Uniform Standards of Profes4 sional Appraisal Practice. 

5 (5) SURVEYS.— 

6 (A) IN GENERAL.—The exact acreage and 

7 legal description of the Federal land and non8 Federal land shall be determined by surveys ap9 proved by the Secretary. 

10 (B) COSTS.—The responsibility for the 

11 costs of any surveys conducted under subpara12 graph (A), and any other administrative costs 

13 of carrying out the land exchange, shall be de14 termined by the Secretary and the Port. 

15 (6) DEADLINE FOR COMPLETION OF LAND EX16 CHANGE.—It is the intent of Congress that the land 

17 exchange under this subsection shall be completed 

18 not later than 16 months after the date of enact19 ment of this Act. 

20 (c) HUNCHBACK MOUNTAIN LAND EXCHANGE AND

21 BOUNDARY ADJUSTMENT.— 

22 (1) DEFINITIONS.—In this subsection: 

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

24 Clackamas County, Oregon. 


jbell on PROD1PC69 with BILLS
70 

•S 22 PCS

1 (B) EXCHANGE MAP.—The term ‘‘ex2 change map’’ means the map entitled ‘‘Hunch3 back Mountain Land Exchange, Clackamas 

4 County’’, dated June 2006. 

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

6 land’’ means the parcel of land consisting of ap7 proximately 160 acres of National Forest Sys8 tem land in the Mount Hood National Forest 

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

10 the exchange map. 

11 (D) NON-FEDERAL LAND.—The term 

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

13 consisting of approximately 160 acres identified 

14 as ‘‘Land to be acquired by USFS’’ on the ex15 change map. 

16 (2) HUNCHBACK MOUNTAIN LAND EX17 CHANGE.— 

18 (A) CONVEYANCE OF LAND.—Subject to 

19 the provisions of this paragraph, if the County 

20 offers to convey to the United States all right, 

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

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

23 valid existing rights, convey to the County all 

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

25 and to the Federal land. 


jbell on PROD1PC69 with BILLS
71 

•S 22 PCS

1 (B) COMPLIANCE WITH EXISTING LAW.— 

2 Except as otherwise provided in this paragraph, 

3 the Secretary shall carry out the land exchange 

4 under this paragraph in accordance with section 

5 206 of the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1716). 

7 (C) CONDITIONS ON ACCEPTANCE.— 

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

9 exchange under this paragraph, title to the 

10 non-Federal land to be acquired by the 

11 Secretary under this paragraph shall be 

12 acceptable to the Secretary. 

13 (ii) TERMS AND CONDITIONS.—The 

14 conveyance of the Federal land and non15 Federal land shall be subject to such terms 

16 and conditions as the Secretary may re17 quire. 

18 (D) APPRAISALS.— 

19 (i) IN GENERAL.—As soon as prac20 ticable after the date of enactment of this 

21 Act, the Secretary shall select an appraiser 

22 to conduct an appraisal of the Federal 

23 land and non-Federal land. 

24 (ii) REQUIREMENTS.—An appraisal 

25 under clause (i) shall be conducted in acVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
72 

•S 22 PCS

1 cordance with nationally recognized ap2 praisal standards, including— 

3 (I) the Uniform Appraisal Stand4 ards for Federal Land Acquisitions; 

5 and 

6 (II) the Uniform Standards of 

7 Professional Appraisal Practice. 

8 (E) SURVEYS.— 

9 (i) IN GENERAL.—The exact acreage 

10 and legal description of the Federal land 

11 and non-Federal land shall be determined 

12 by surveys approved by the Secretary. 

13 (ii) COSTS.—The responsibility for the 

14 costs of any surveys conducted under 

15 clause (i), and any other administrative 

16 costs of carrying out the land exchange, 

17 shall be determined by the Secretary and 

18 the County. 

19 (F) DEADLINE FOR COMPLETION OF LAND

20 EXCHANGE.—It is the intent of Congress that 

21 the land exchange under this paragraph shall be 

22 completed not later than 16 months after the 

23 date of enactment of this Act. 

24 (3) BOUNDARY ADJUSTMENT.— 


jbell on PROD1PC69 with BILLS
73 

•S 22 PCS

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

2 Mount Hood National Forest shall be adjusted 

3 to incorporate— 

4 (i) any land conveyed to the United 

5 States under paragraph (2); and 

6 (ii) the land transferred to the Forest 

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

8 (B) ADDITIONS TO THE NATIONAL FOREST

9 SYSTEM.—The Secretary shall administer the 

10 land described in subparagraph (A)— 

11 (i) in accordance with— 

12 (I) the Act of March 1, 1911 

13 (commonly known as the ‘‘Weeks 

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

15 (II) any laws (including regula16 tions) applicable to the National For17 est System; and 

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

19 1204(d), as applicable. 

20 (C) LAND AND WATER CONSERVATION

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

22 Land and Water Conservation Fund Act of 

23 1965 (16 U.S.C. 460l–9), the boundaries of the 

24 Mount Hood National Forest modified by this 

25 paragraph shall be considered to be the boundVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
74 

•S 22 PCS

1 aries of the Mount Hood National Forest in ex2 istence as of January 1, 1965. 

3 (d) CONDITIONS ON DEVELOPMENT OF FEDERAL

4 LAND.— 

5 (1) REQUIREMENTS APPLICABLE TO THE CON6 VEYANCE OF FEDERAL LAND.— 

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

8 of the conveyances of Federal land under this 

9 section, the Secretary shall include in the deed 

10 of conveyance a requirement that applicable 

11 construction activities and alterations shall be 

12 conducted in accordance with— 

13 (i) nationally recognized building and 

14 property maintenance codes; and 

15 (ii) nationally recognized codes for de16 velopment in the wildland-urban interface 

17 and wildfire hazard mitigation. 

18 (B) APPLICABLE LAW.—To the maximum 

19 extent practicable, the codes required under 

20 subparagraph (A) shall be consistent with the 

21 nationally recognized codes adopted or ref22 erenced by the State or political subdivisions of 

23 the State. 

24 (C) ENFORCEMENT.—The requirements 

25 under subparagraph (A) may be enforced by the 


jbell on PROD1PC69 with BILLS
75 

•S 22 PCS

1 same entities otherwise enforcing codes, ordi2 nances, and standards. 

3 (2) COMPLIANCE WITH CODES ON FEDERAL

4 LAND.—The Secretary shall ensure that applicable 

5 construction activities and alterations undertaken or 

6 permitted by the Secretary on National Forest Sys7 tem land in the Mount Hood National Forest are 

8 conducted in accordance with— 

9 (A) nationally recognized building and 

10 property maintenance codes; and 

11 (B) nationally recognized codes for devel12 opment in the wildland-urban interface develop13 ment and wildfire hazard mitigation. 

14 (3) EFFECT ON ENFORCEMENT BY STATES AND

15 POLITICAL SUBDIVISIONS.—Nothing in this sub16 section alters or limits the power of the State or a 

17 political subdivision of the State to implement or en18 force any law (including regulations), rule, or stand19 ard relating to development or fire prevention and 

20 control. 

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

22 (a) TRANSPORTATION PLAN.— 

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

24 participate in the development of an integrated, 

25 multimodal transportation plan developed by the OrVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
76 

•S 22 PCS

1 egon Department of Transportation for the Mount 

2 Hood region to achieve comprehensive solutions to 

3 transportation challenges in the Mount Hood re4 gion— 

5 (A) to promote appropriate economic devel6 opment; 

7 (B) to preserve the landscape of the Mount 

8 Hood region; and 

9 (C) to enhance public safety. 

10 (2) ISSUES TO BE ADDRESSED.—In partici11 pating in the development of the transportation plan 

12 under paragraph (1), the Secretary shall seek to ad13 dress— 

14 (A) transportation alternatives between 

15 and among recreation areas and gateway com16 munities that are located within the Mount 

17 Hood region; 

18 (B) establishing park-and-ride facilities 

19 that shall be located at gateway communities; 

20 (C) establishing intermodal transportation 

21 centers to link public transportation, parking, 

22 and recreation destinations; 

23 (D) creating a new interchange on Oregon 

24 State Highway 26 located adjacent to or within 

25 Government Camp; 


jbell on PROD1PC69 with BILLS
77 

•S 22 PCS

1 (E) designating, maintaining, and improv2 ing alternative routes using Forest Service or 

3 State roads for— 

4 (i) providing emergency routes; or 

5 (ii) improving access to, and travel 

6 within, the Mount Hood region; 

7 (F) the feasibility of establishing— 

8 (i) a gondola connection that— 

9 (I) connects Timberline Lodge to 

10 Government Camp; and 

11 (II) is located in close proximity 

12 to the site of the historic gondola cor13 ridor; and 

14 (ii) an intermodal transportation cen15 ter to be located in close proximity to Gov16 ernment Camp; 

17 (G) burying power lines located in, or adja18 cent to, the Mount Hood National Forest along 

19 Interstate 84 near the City of Cascade Locks, 

20 Oregon; and 

21 (H) creating mechanisms for funding the 

22 implementation of the transportation plan 

23 under paragraph (1), including— 

24 (i) funds provided by the Federal Gov25 ernment; 


jbell on PROD1PC69 with BILLS
78 

•S 22 PCS

1 (ii) public-private partnerships; 

2 (iii) incremental tax financing; and 

3 (iv) other financing tools that link 

4 transportation infrastructure improvements 

5 with development. 

6 (b) MOUNT HOOD NATIONAL FOREST STEWARDSHIP

7 STRATEGY.— 

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

9 a report on, and implementation schedule for, the 

10 vegetation management strategy (including rec11 ommendations for biomass utilization) for the Mount 

12 Hood National Forest being developed by the Forest 

13 Service. 

14 (2) SUBMISSION TO CONGRESS.— 

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

16 the date of enactment of this Act, the Secretary 

17 shall submit the report 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) IMPLEMENTATION SCHEDULE.—Not 

23 later than 1 year after the date on which the 

24 vegetation management strategy referred to in 


jbell on PROD1PC69 with BILLS
79 

•S 22 PCS

1 paragraph (1) is completed, the Secretary shall 

2 submit the implementation schedule to— 

3 (i) the Committee on Energy and 

4 Natural Resources of the Senate; and 

5 (ii) the Committee on Natural Re6 sources of the House of Representatives. 

7 (c) LOCAL AND TRIBAL RELATIONSHIPS.— 

8 (1) MANAGEMENT PLAN.— 

9 (A) IN GENERAL.—The Secretary, in con10 sultation with Indian tribes with treaty-reserved 

11 gathering rights on land encompassed by the 

12 Mount Hood National Forest and in a manner 

13 consistent with the memorandum of under14 standing entered into between the Department 

15 of Agriculture, the Bureau of Land Manage16 ment, the Bureau of Indian Affairs, and the 

17 Confederated Tribes and Bands of the Warm 

18 Springs Reservation of Oregon, dated April 25, 

19 2003, as modified, shall develop and implement 

20 a management plan that meets the cultural 

21 foods obligations of the United States under ap22 plicable treaties, including the Treaty with the 

23 Tribes and Bands of Middle Oregon of June 

24 25, 1855 (12 Stat. 963). 


jbell on PROD1PC69 with BILLS
80 

•S 22 PCS

1 (B) EFFECT.—This paragraph shall be 

2 considered to be consistent with, and is in3 tended to help implement, the gathering rights 

4 reserved by the treaty described in subpara5 graph (A). 

6 (2) SAVINGS PROVISIONS REGARDING RELA7 TIONS WITH INDIAN TRIBES.— 

8 (A) TREATY RIGHTS.—Nothing in this 

9 subtitle alters, modifies, enlarges, diminishes, or 

10 abrogates the treaty rights of any Indian tribe, 

11 including the off-reservation reserved rights se12 cured by the Treaty with the Tribes and Bands 

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

14 963). 

15 (B) TRIBAL LAND.—Nothing in this sub16 title affects land held in trust by the Secretary 

17 of the Interior for Indian tribes or individual 

18 members of Indian tribes or other land acquired 

19 by the Army Corps of Engineers and adminis20 tered by the Secretary of the Interior for the 

21 benefit of Indian tribes and individual members 

22 of Indian tribes. 

23 (d) RECREATIONAL USES.— 

24 (1) MOUNT HOOD NATIONAL FOREST REC25 REATIONAL WORKING GROUP.—The Secretary may 


jbell on PROD1PC69 with BILLS
81 

•S 22 PCS

1 establish a working group for the purpose of pro2 viding advice and recommendations to the Forest 

3 Service on planning and implementing recreation en4 hancements in the Mount Hood National Forest. 

5 (2) CONSIDERATION OF CONVERSION OF FOR6 EST ROADS TO RECREATIONAL USES.—In consid7 ering a Forest Service road in the Mount Hood Na8 tional Forest for possible closure and decommis9 sioning after the date of enactment of this Act, the 

10 Secretary, in accordance with applicable law, shall 

11 consider, as an alternative to decommissioning the 

12 road, converting the road to recreational uses to en13 hance recreational opportunities in the Mount Hood 

14 National Forest. 

15 (3) IMPROVED TRAIL ACCESS FOR PERSONS

16 WITH DISABILITIES.—The Secretary, in consultation 

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

18 a location selected by the Secretary in Mount Hood 

19 National Forest suitable for use by persons with dis20 abilities. 


jbell on PROD1PC69 with BILLS
82 

•S 22 PCS

1 Subtitle D—Copper Salmon 

2 Wilderness, Oregon 

3 SEC. 1301. DESIGNATION OF THE COPPER SALMON WIL4 DERNESS. 

5 (a) DESIGNATION.—Section 3 of the Oregon Wilder6 ness Act of 1984 (16 U.S.C. 1132 note; Public Law 98– 

7 328) is amended— 

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

9 striking ‘‘eight hundred fifty-nine thousand six hun10 dred acres’’ and inserting ‘‘873,300 acres’’; 

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

12 the end and inserting ‘‘; and’’; and 

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

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

15 Forest, comprising approximately 13,700 acres, as 

16 generally depicted on the map entitled ‘Proposed 

17 Copper Salmon Wilderness Area’ and dated Decem18 ber 7, 2007, to be known as the ‘Copper Salmon 

19 Wilderness’.’’. 

20 (b) MAPS AND LEGAL DESCRIPTION.— 

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

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

23 Agriculture (referred to in this subtitle as the ‘‘Sec24 retary’’) shall file a map and a legal description of 

25 the Copper Salmon Wilderness with— 


jbell on PROD1PC69 with BILLS
83 

•S 22 PCS

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 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 typographical 

9 errors in the map and legal description. 

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

11 Salmon Wilderness shares a border with a road, the 

12 Secretary may only establish an offset that is not 

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

14 (4) PUBLIC AVAILABILITY.—Each map and 

15 legal description filed under paragraph (1) shall be 

16 on file and available for public inspection in the ap17 propriate offices of the Forest Service. 

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

19 RIVER, OREGON. 

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

21 (16 U.S.C. 1274(a)(76)) is amended— 

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

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

24 mile segment’’; 


jbell on PROD1PC69 with BILLS
84 

•S 22 PCS

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

2 and inserting a period; and 

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

4 the following: 

5 ‘‘(B)(i) The approximately 0.6-mile seg6 ment of the North Fork Elk from its source in 

7 sec. 21, T. 33 S., R. 12 W., Willamette Merid8 ian, downstream to 0.01 miles below Forest 

9 Service Road 3353, as a scenic river. 

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

11 of the North Fork Elk from 0.01 miles below 

12 Forest Service Road 3353 to its confluence with 

13 the South Fork Elk, as a wild river. 

14 ‘‘(C)(i) The approximately 0.9-mile seg15 ment of the South Fork Elk from its source in 

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

17 12 W., Willamette Meridian, downstream to 

18 0.01 miles below Forest Service Road 3353, as 

19 a scenic river. 

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

21 of the South Fork Elk from 0.01 miles below 

22 Forest Service Road 3353 to its confluence with 

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


jbell on PROD1PC69 with BILLS
85 

•S 22 PCS

1 SEC. 1303. PROTECTION OF TRIBAL RIGHTS. 

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

3 construed as diminishing any right of any Indian tribe. 

4 (b) MEMORANDUM OF UNDERSTANDING.—The Sec5 retary shall seek to enter into a memorandum of under6 standing with the Coquille Indian Tribe regarding access 

7 to the Copper Salmon Wilderness to conduct historical and 

8 cultural activities. 

9 Subtitle E—Cascade-Siskiyou 

10 National Monument, Oregon 

11 SEC. 1401. DEFINITIONS. 

12 In this subtitle: 

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

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

15 map entitled ‘‘Proposed Rowlett Land Exchange’’ 

16 and dated June 13, 2006. 

17 (2) BUREAU OF LAND MANAGEMENT LAND.— 

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

19 means the approximately 40 acres of land adminis20 tered by the Bureau of Land Management identified 

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

22 Box R Ranch land exchange map. 

23 (3) DEERFIELD LAND EXCHANGE MAP.—The 

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

25 entitled ‘‘Proposed Deerfield-BLM Property Line 

26 Adjustment’’ and dated May 1, 2008. 


jbell on PROD1PC69 with BILLS
86 

•S 22 PCS

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

2 parcel’’ means the approximately 1.5 acres of land 

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

4 depicted on the Deerfield land exchange map. 

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

6 parcel’’ means the approximately 1.3 acres of land 

7 administered by the Bureau of Land Management 

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

9 depicted on the Deerfield land exchange map. 

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

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

12 Buck Mountain, Buck Point, Conde Creek, Cove 

13 Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly, 

14 Howard Prairie, Jenny Creek, Keene Creek, North 

15 Cove Creek, and Soda Mountain grazing allotments 

16 in the State. 

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

18 lease’’ means any document authorizing the use of 

19 a grazing allotment for the purpose of grazing live20 stock for commercial purposes. 

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

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

23 (9) LESSEE.—The term ‘‘lessee’’ means a live24 stock operator that holds a valid existing grazing 

25 lease for a grazing allotment. 


jbell on PROD1PC69 with BILLS
87 

•S 22 PCS

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

2 not include beasts of burden used for recreational 

3 purposes. 

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

5 means the Cascade-Siskiyou National Monument in 

6 the State. 

7 (12) ROWLETT PARCEL.—The term ‘‘Rowlett 

8 parcel’’ means the parcel of approximately 40 acres 

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

10 generally depicted on the Box R Ranch land ex11 change map. 

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

13 means the Secretary of the Interior. 

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

15 State of Oregon. 

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

17 means the Soda Mountain Wilderness designated by 

18 section 1405(a). 

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

20 map’’ means the map entitled ‘‘Soda Mountain Wil21 derness’’ and dated May 5, 2008. 

22 SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PRO23 GRAM. 

24 (a) EXISTING GRAZING LEASES.— 

25 (1) DONATION OF LEASE.— 


jbell on PROD1PC69 with BILLS
88 

•S 22 PCS

1 (A) ACCEPTANCE BY SECRETARY.—The 

2 Secretary shall accept any grazing lease that is 

3 donated by a lessee. 

4 (B) TERMINATION.—The Secretary shall 

5 terminate any grazing lease acquired under sub6 paragraph (A). 

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

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

9 grazing lease donated under subparagraph (A), 

10 the Secretary shall— 

11 (i) not issue any new grazing lease 

12 within the grazing allotment covered by the 

13 grazing lease; and 

14 (ii) ensure a permanent end to live15 stock grazing on the grazing allotment cov16 ered by the grazing lease. 

17 (2) DONATION OF PORTION OF GRAZING

18 LEASE.— 

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

20 lease for a grazing allotment partially within 

21 the Monument may elect to donate only that 

22 portion of the grazing lease that is within the 

23 Monument. 


jbell on PROD1PC69 with BILLS
89 

•S 22 PCS

1 (B) ACCEPTANCE BY SECRETARY.—The 

2 Secretary shall accept the portion of a grazing 

3 lease that is donated under subparagraph (A). 

4 (C) MODIFICATION OF LEASE.—Except as 

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

6 portion of a grazing lease under subparagraph 

7 (A), the Secretary shall— 

8 (i) reduce the authorized grazing level 

9 and area to reflect the donation; and 

10 (ii) modify the grazing lease to reflect 

11 the reduced level and area of use. 

12 (D) AUTHORIZED LEVEL.—To ensure that 

13 there is a permanent reduction in the level and 

14 area of livestock grazing on the land covered by 

15 a portion of a grazing lease donated under sub16 paragraph (A), the Secretary shall not allow 

17 grazing to exceed the authorized level and area 

18 established under subparagraph (C). 

19 (3) COMMON ALLOTMENTS.— 

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

21 covered by a grazing lease or portion of a graz22 ing lease that is donated under paragraph (1) 

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

24 that is not donated, the Secretary shall reduce 


jbell on PROD1PC69 with BILLS
90 

•S 22 PCS

1 the grazing level on the grazing allotment to re2 flect the donation. 

3 (B) AUTHORIZED LEVEL.—To ensure that 

4 there is a permanent reduction in the level of 

5 livestock grazing on the land covered by the 

6 grazing lease or portion of a grazing lease do7 nated under paragraph (1) or (2), the Secretary 

8 shall not allow grazing to exceed the level estab9 lished under subparagraph (A). 

10 (b) LIMITATIONS.—The Secretary— 

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

12 and Siskiyou allotments in and near the Monu13 ment— 

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

15 (B) shall ensure a permanent end to live16 stock grazing on each allotment; and 

17 (2) shall not establish any new allotments for 

18 livestock grazing that include any Monument land 

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

20 of enactment of this Act). 

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

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

23 section shall be considered to have waived any claim to 

24 any range improvement on the associated grazing allotVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
91 

•S 22 PCS

1 ment or portion of the associated grazing allotment, as 

2 applicable. 

3 SEC. 1403. BOX R RANCH LAND EXCHANGE. 

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

5 consolidating Federal land within the Monument, the Sec6 retary— 

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

8 Bureau of Land Management land in exchange for 

9 the Rowlett parcel; and 

10 (2) if the Landowner accepts the offer— 

11 (A) the Secretary shall convey to the 

12 Landowner all right, title, and interest of the 

13 United States in and to the Bureau of Land 

14 Management land; and 

15 (B) the Landowner shall convey to the 

16 Secretary all right, title, and interest of the 

17 Landowner in and to the Rowlett parcel. 

18 (b) SURVEYS.— 

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

20 description of the Bureau of Land Management land 

21 and the Rowlett parcel shall be determined by sur22 veys approved by the Secretary. 

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

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

25 other administrative costs of carrying out the land 


jbell on PROD1PC69 with BILLS
92 

•S 22 PCS

1 exchange, shall be determined by the Secretary and 

2 the Landowner. 

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

4 Land Management land and the Rowlett parcel under this 

5 section shall be subject to— 

6 (1) valid existing rights; 

7 (2) title to the Rowlett parcel being acceptable 

8 to the Secretary and in conformance with the title 

9 approval standards applicable to Federal land acqui10 sitions; 

11 (3) such terms and conditions as the Secretary 

12 may require; and 

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

14 any laws (including regulations) applicable to the 

15 conveyance and acquisition of land by the Bureau of 

16 Land Management. 

17 (d) APPRAISALS.— 

18 (1) IN GENERAL.—The Bureau of Land Man19 agement land and the Rowlett parcel shall be ap20 praised by an independent appraiser selected by the 

21 Secretary. 

22 (2) REQUIREMENTS.—An appraisal conducted 

23 under paragraph (1) shall be conducted in accord24 ance with— 


jbell on PROD1PC69 with BILLS
93 

•S 22 PCS

1 (A) the Uniform Appraisal Standards for 

2 Federal Land Acquisitions; and 

3 (B) the Uniform Standards of Professional 

4 Appraisal Practice. 

5 (3) APPROVAL.—The appraisals conducted 

6 under this subsection shall be submitted to the Sec7 retary for approval. 

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

9 land exchange authorized under this section, the lessee of 

10 the grazing lease for the Box R grazing allotment shall 

11 donate the Box R grazing lease in accordance with section 

12 1402(a)(1). 

13 SEC. 1404. DEERFIELD LAND EXCHANGE. 

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

15 consolidating Federal land within the Monument, the Sec16 retary— 

17 (1) may offer to convey to Deerfield Learning 

18 Associates the Federal parcel in exchange for the 

19 Deerfield parcel; and 

20 (2) if Deerfield Learning Associates accepts the 

21 offer— 

22 (A) the Secretary shall convey to Deerfield 

23 Learning Associates all right, title, and interest 

24 of the United States in and to the Federal par25 cel; and 


jbell on PROD1PC69 with BILLS
94 

•S 22 PCS

1 (B) Deerfield Learning Associates shall 

2 convey to the Secretary all right, title, and in3 terest of Deerfield Learning Associates in and 

4 to the Deerfield parcel. 

5 (b) SURVEYS.— 

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

7 description of the Federal parcel and the Deerfield 

8 parcel shall be determined by surveys approved by 

9 the Secretary. 

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

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

12 other administrative costs of carrying out the land 

13 exchange, shall be determined by the Secretary and 

14 Deerfield Learning Associates. 

15 (c) CONDITIONS.— 

16 (1) IN GENERAL.—The conveyance of the Fed17 eral parcel and the Deerfield parcel under this sec18 tion shall be subject to— 

19 (A) valid existing rights; 

20 (B) title to the Deerfield parcel being ac21 ceptable to the Secretary and in conformance 

22 with the title approval standards applicable to 

23 Federal land acquisitions; 

24 (C) such terms and conditions as the Sec25 retary may require; and 


jbell on PROD1PC69 with BILLS
95 

•S 22 PCS

1 (D) except as otherwise provided in this 

2 section, any laws (including regulations) appli3 cable to the conveyance and acquisition of land 

4 by the Bureau of Land Management. 

5 (d) APPRAISALS.— 

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

7 Deerfield parcel shall be appraised by an inde8 pendent appraiser selected by the Secretary. 

9 (2) REQUIREMENTS.—An appraisal conducted 

10 under paragraph (1) shall be conducted in accord11 ance with— 

12 (A) the Uniform Appraisal Standards for 

13 Federal Land Acquisitions; and 

14 (B) the Uniform Standards of Professional 

15 Appraisal Practice. 

16 (3) APPROVAL.—The appraisals conducted 

17 under this subsection shall be submitted to the Sec18 retary for approval. 

19 SEC. 1405. SODA MOUNTAIN WILDERNESS. 

20 (a) DESIGNATION.—In accordance with the Wilder21 ness Act (16 U.S.C. 1131 et seq.), approximately 24,100 

22 acres of Monument land, as generally depicted on the wil23 derness map, is designated as wilderness and as a compo24 nent of the National Wilderness Preservation System, to 

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


jbell on PROD1PC69 with BILLS
96 

•S 22 PCS

1 (b) MAP AND LEGAL DESCRIPTION.— 

2 (1) SUBMISSION OF MAP AND LEGAL DESCRIP3 TION.—As soon as practicable after the date of en4 actment of this Act, the Secretary shall file a map 

5 and legal description of the Wilderness with— 

6 (A) the Committee on Energy and Natural 

7 Resources of the Senate; and 

8 (B) the Committee on Natural Resources 

9 of the House of Representatives. 

10 (2) FORCE AND EFFECT.— 

11 (A) IN GENERAL.—The map and legal de12 scription filed under paragraph (1) shall have 

13 the same force and effect as if included in this 

14 subtitle, except that the Secretary may correct 

15 any clerical or typographical error in the map 

16 or legal description. 

17 (B) NOTIFICATION.—The Secretary shall 

18 submit to Congress notice of any changes made 

19 in the map or legal description under subpara20 graph (A), including notice of the reason for 

21 the change. 

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

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

24 and available for public inspection in the appropriate 

25 offices of the Bureau of Land Management. 


jbell on PROD1PC69 with BILLS
97 

•S 22 PCS

1 (c) ADMINISTRATION OF WILDERNESS.— 

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

3 rights, the Wilderness shall be administered by the 

4 Secretary in accordance with the Wilderness Act (16 

5 U.S.C. 1131 et seq.), except that— 

6 (A) any reference in the Wilderness Act to 

7 the effective date of the Wilderness Act shall be 

8 considered to be a reference to the date of en9 actment of this Act; and 

10 (B) any reference in that Act to the Sec11 retary of Agriculture shall be considered to be 

12 a reference to the Secretary of the Interior. 

13 (2) FIRE, INSECT, AND DISEASE MANAGEMENT

14 ACTIVITIES.—Except as provided by Presidential 

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

16 Fed. Reg. 37247), within the wilderness areas des17 ignated by this subtitle, the Secretary may take such 

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

19 Wilderness Act (16 U.S.C. 1133(d)(1)) as are nec20 essary to control fire, insects, and diseases, subject 

21 to such terms and conditions as the Secretary deter22 mines to be desirable and appropriate. 

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

24 1402 and by Presidential Proclamation Number 

25 7318, dated June 9, 2000 (65 Fed. Reg. 37247), 


jbell on PROD1PC69 with BILLS
98 

•S 22 PCS

1 the grazing of livestock in the Wilderness, if estab2 lished before the date of enactment of this Act, shall 

3 be permitted to continue subject to such reasonable 

4 regulations as are considered necessary by the Sec5 retary in accordance with— 

6 (A) section 4(d)(4) of the Wilderness Act 

7 (16 U.S.C. 1133(d)(4)); and 

8 (B) the guidelines set forth in Appendix A 

9 of the report of the Committee on Interior and 

10 Insular Affairs of the House of Representatives 

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

12 (H. Rept. 101–405). 

13 (4) FISH AND WILDLIFE MANAGEMENT.—In ac14 cordance with section 4(d)(7) of the Wilderness Act 

15 (16 U.S.C. 1133(d)(7)), nothing in this subtitle af16 fects the jurisdiction of the State with respect to fish 

17 and wildlife on public land in the State. 

18 (5) INCORPORATION OF ACQUIRED LAND AND

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

20 boundary of the Wilderness that is acquired by the 

21 United States shall— 

22 (A) become part of the Wilderness; and 

23 (B) be managed in accordance with this 

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

25 seq.), and any other applicable law. 


jbell on PROD1PC69 with BILLS
99 

•S 22 PCS

1 SEC. 1406. EFFECT. 

2 Nothing in this subtitle— 

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

4 modify or terminate grazing permits or leases, ex5 cept as provided in section 1402; 

6 (2) authorizes the use of eminent domain; 

7 (3) creates a property right in any grazing per8 mit or lease on Federal land; 

9 (4) establishes a precedent for future grazing 

10 permit or lease donation programs; or 

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

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

13 Act, of any water, water right, or any other valid ex14 isting right held by the United States, an Indian 

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

16 corporation. 

17 Subtitle F—Owyhee Public Land 

18 Management 

19 SEC. 1501. DEFINITIONS. 

20 In this subtitle: 

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

22 Owyhee Land Acquisition Account established by 

23 section 1505(b)(1). 

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

25 Owyhee County, Idaho. 


jbell on PROD1PC69 with BILLS
100 

•S 22 PCS

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

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

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

4 and draining north from the crest of the Silver City 

5 Range to the Snake River. 

6 (4) PLAN.—The term ‘‘plan’’ means a travel 

7 management plan for motorized and mechanized off8 highway vehicle recreation prepared under section 

9 1507. 

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

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

12 the Federal Land Policy and Management Act of 

13 1976 (43 U.S.C. 1702(e)). 

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

15 the Secretary of the Interior. 

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

17 of Idaho. 

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

19 Shoshone Paiute Tribes of the Duck Valley Reserva20 tion. 

21 SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION 

22 CENTER. 

23 (a) ESTABLISHMENT.—The Secretary, in coordina24 tion with the Tribes, State, and County, and in consulta25 tion with the University of Idaho, Federal grazing permitVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
101 

•S 22 PCS

1 tees, and public, shall establish the Owyhee Science Re2 view and Conservation Center in the County to conduct 

3 research projects to address natural resources manage4 ment issues affecting public and private rangeland in the 

5 County. 

6 (b) PURPOSE.—The purpose of the center established 

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

8 and analysis of information to provide Federal and State 

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

10 the public with information on improved rangeland man11 agement. 

12 SEC. 1503. WILDERNESS AREAS. 

13 (a) WILDERNESS AREAS DESIGNATION.— 

14 (1) IN GENERAL.—In accordance with the Wil15 derness Act (16 U.S.C. 1131 et seq.), the following 

16 areas in the State are designated as wilderness areas 

17 and as components of the National Wilderness Pres18 ervation System: 

19 (A) BIG JACKS CREEK WILDERNESS.—Cer20 tain land comprising approximately 52,826 

21 acres, as generally depicted on the map entitled 

22 ‘‘Little Jacks Creek and Big Jacks Creek Wil23 derness’’ and dated May 5, 2008, which shall 

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


jbell on PROD1PC69 with BILLS
102 

•S 22 PCS

1 (B) BRUNEAU-JARBIDGE RIVERS WILDER2 NESS.—Certain land comprising approximately 

3 89,996 acres, as generally depicted on the map 

4 entitled ‘‘Bruneau-Jarbidge Rivers Wilderness’’ 

5 and dated December 15, 2008, which shall be 

6 known as the ‘‘Bruneau-Jarbidge Rivers Wil7 derness’’. 

8 (C) LITTLE JACKS CREEK WILDERNESS.— 

9 Certain land comprising approximately 50,929 

10 acres, as generally depicted on the map entitled 

11 ‘‘Little Jacks Creek and Big Jacks Creek Wil12 derness’’ and dated May 5, 2008, which shall 

13 be known as the ‘‘Little Jacks Creek Wilder14 ness’’. 

15 (D) NORTH FORK OWYHEE WILDER16 NESS.—Certain land comprising approximately 

17 43,413 acres, as generally depicted on the map 

18 entitled ‘‘North Fork Owyhee and Pole Creek 

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

20 shall be known as the ‘‘North Fork Owyhee 

21 Wilderness’’. 

22 (E) OWYHEE RIVER WILDERNESS.—Cer23 tain land comprising approximately 267,328 

24 acres, as generally depicted on the map entitled 

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


jbell on PROD1PC69 with BILLS
103 

•S 22 PCS

1 2008, which shall be known as the ‘‘Owyhee 

2 River Wilderness’’. 

3 (F) POLE CREEK WILDERNESS.—Certain 

4 land comprising approximately 12,533 acres, as 

5 generally depicted on the map entitled ‘‘North 

6 Fork Owyhee and Pole Creek Wilderness’’ and 

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

8 the ‘‘Pole Creek Wilderness’’. 

9 (2) MAPS AND LEGAL DESCRIPTIONS.— 

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

11 after the date of enactment of this Act, the Sec12 retary shall submit to the Committee on Energy 

13 and Natural Resources of the Senate and the 

14 Committee on Natural Resources of the House 

15 of Representatives a map and legal description 

16 for each area designated as wilderness by this 

17 subtitle. 

18 (B) EFFECT.—Each map and legal de19 scription submitted under subparagraph (A) 

20 shall have the same force and effect as if in21 cluded in this subtitle, except that the Secretary 

22 may correct minor errors in the map or legal 

23 description. 

24 (C) AVAILABILITY.—Each map and legal 

25 description submitted under subparagraph (A) 


jbell on PROD1PC69 with BILLS
104 

•S 22 PCS

1 shall be available in the appropriate offices of 

2 the Bureau of Land Management. 

3 (3) RELEASE OF WILDERNESS STUDY AREAS.— 

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

5 the purposes of section 603(c) of the Federal 

6 Land Policy and Management Act of 1976 (43 

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

8 administered by the Bureau of Land Manage9 ment has been adequately studied for wilder10 ness designation. 

11 (B) RELEASE.—Any public land referred 

12 to in subparagraph (A) that is not designated 

13 as wilderness by this subtitle— 

14 (i) is no longer subject to section 

15 603(c) of the Federal Land Policy and 

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

17 1782(c)); and 

18 (ii) shall be managed in accordance 

19 with the applicable land use plan adopted 

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

21 1712). 

22 (b) ADMINISTRATION.— 

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

24 rights, each area designated as wilderness by this 

25 subtitle shall be administered by the Secretary in acVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
105 

•S 22 PCS

1 cordance with the Wilderness Act (16 U.S.C. 1131 

2 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 of the Interior. 

9 (2) WITHDRAWAL.—Subject to valid existing 

10 rights, the Federal land designated as wilderness by 

11 this subtitle is withdrawn from all forms of— 

12 (A) entry, appropriation, or disposal under 

13 the public land laws; 

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

15 mining laws; and 

16 (C) disposition under the mineral leasing, 

17 mineral materials, and geothermal leasing laws. 

18 (3) LIVESTOCK.— 

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

20 designated by this subtitle, the grazing of live21 stock in areas in which grazing is established as 

22 of the date of enactment of this Act shall be al23 lowed to continue, subject to such reasonable 

24 regulations, policies, and practices as the Sec25 retary considers necessary, consistent with secVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
106 

•S 22 PCS

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

2 1133(d)(4)) and the guidelines described in Ap3 pendix A of House Report 101–405. 

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

5 after the date of enactment of this Act, the Sec6 retary shall conduct an inventory of existing fa7 cilities and improvements associated with graz8 ing activities in the wilderness areas and wild 

9 and scenic rivers designated by this subtitle. 

10 (C) FENCING.—The Secretary may con11 struct and maintain fencing around wilderness 

12 areas designated by this subtitle as the Sec13 retary determines to be appropriate to enhance 

14 wilderness values. 

15 (D) DONATION OF GRAZING PERMITS OR

16 LEASES.— 

17 (i) ACCEPTANCE BY SECRETARY.— 

18 The Secretary shall accept the donation of 

19 any valid existing permits or leases author20 izing grazing on public land, all or a por21 tion of which is within the wilderness areas 

22 designated by this subtitle. 

23 (ii) TERMINATION.—With respect to 

24 each permit or lease donated under clause 

25 (i), the Secretary shall— 


jbell on PROD1PC69 with BILLS
107 

•S 22 PCS

1 (I) terminate the grazing permit 

2 or lease; and 

3 (II) except as provided in clause 

4 (iii), ensure a permanent end to graz5 ing on the land covered by the permit 

6 or lease. 

7 (iii) COMMON ALLOTMENTS.— 

8 (I) IN GENERAL.—If the land 

9 covered by a permit or lease donated 

10 under clause (i) is also covered by an11 other valid existing permit or lease 

12 that is not donated under clause (i), 

13 the Secretary shall reduce the author14 ized grazing level on the land covered 

15 by the permit or lease to reflect the 

16 donation of the permit or lease under 

17 clause (i). 

18 (II) AUTHORIZED LEVEL.—To 

19 ensure that there is a permanent re20 duction in the level of grazing on the 

21 land covered by a permit or lease do22 nated under clause (i), the Secretary 

23 shall not allow grazing use to exceed 

24 the authorized level established under 

25 subclause (I). 


jbell on PROD1PC69 with BILLS
108 

•S 22 PCS

1 (iv) PARTIAL DONATION.— 

2 (I) IN GENERAL.—If a person 

3 holding a valid grazing permit or lease 

4 donates less than the full amount of 

5 grazing use authorized under the per6 mit or lease, the Secretary shall— 

7 (aa) reduce the authorized 

8 grazing level to reflect the dona9 tion; and 

10 (bb) modify the permit or 

11 lease to reflect the revised level of 

12 use. 

13 (II) AUTHORIZED LEVEL.—To 

14 ensure that there is a permanent re15 duction in the authorized level of 

16 grazing on the land covered by a per17 mit or lease donated under subclause 

18 (I), the Secretary shall not allow graz19 ing use to exceed the authorized level 

20 established under that subclause. 

21 (4) ACQUISITION OF LAND AND INTERESTS IN

22 LAND.— 

23 (A) IN GENERAL.—Consistent with appli24 cable law, the Secretary may acquire land or in25 terests in land within the boundaries of the wilVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
109 

•S 22 PCS

1 derness areas designated by this subtitle by 

2 purchase, donation, or exchange. 

3 (B) INCORPORATION OF ACQUIRED

4 LAND.—Any land or interest in land in, or ad5 joining the boundary of, a wilderness area des6 ignated by this subtitle that is acquired by the 

7 United States shall be added to, and adminis8 tered as part of, the wilderness area in which 

9 the acquired land or interest in land is located. 

10 (5) TRAIL PLAN.— 

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

12 providing opportunities for public comment, 

13 shall establish a trail plan that addresses hiking 

14 and equestrian trails on the land designated as 

15 wilderness by this subtitle, in a manner con16 sistent with the Wilderness Act (16 U.S.C. 

17 1131 et seq.). 

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

19 the date of enactment of this Act, the Secretary 

20 shall submit to Congress a report that describes 

21 the implementation of the trail plan. 

22 (6) OUTFITTING AND GUIDE ACTIVITIES.—Con23 sistent with section 4(d)(5) of the Wilderness Act 

24 (16 U.S.C. 1133(d)(5)), commercial services (includ25 ing authorized outfitting and guide activities) are 


jbell on PROD1PC69 with BILLS
110 

•S 22 PCS

1 authorized in wilderness areas designated by this 

2 subtitle to the extent necessary for activities that 

3 fulfill the recreational or other wilderness purposes 

4 of the areas. 

5 (7) ACCESS TO PRIVATE PROPERTY.—In ac6 cordance with section 5(a) of the Wilderness Act (16 

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

8 owner of private property within the boundary of a 

9 wilderness area designated by this subtitle adequate 

10 access to the property. 

11 (8) FISH AND WILDLIFE.— 

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

13 affects the jurisdiction of the State with respect 

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

15 (B) MANAGEMENT ACTIVITIES.— 

16 (i) IN GENERAL.—In furtherance of 

17 the purposes and principles of the Wilder18 ness Act (16 U.S.C. 1131 et seq.), the Sec19 retary may conduct any management ac20 tivities that are necessary to maintain or 

21 restore fish and wildlife populations and 

22 habitats in the wilderness areas designated 

23 by this subtitle, if the management activi24 ties are— 


jbell on PROD1PC69 with BILLS
111 

•S 22 PCS

1 (I) consistent with relevant wil2 derness management plans; and 

3 (II) conducted in accordance with 

4 appropriate policies, such as the poli5 cies established in Appendix B of 

6 House Report 101–405. 

7 (ii) INCLUSIONS.—Management activi8 ties under clause (i) may include the occa9 sional and temporary use of motorized ve10 hicles, if the use, as determined by the 

11 Secretary, would promote healthy, viable, 

12 and more naturally distributed wildlife 

13 populations that would enhance wilderness 

14 values while causing the minimum impact 

15 necessary to accomplish those tasks. 

16 (C) EXISTING ACTIVITIES.—Consistent 

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

18 U.S.C. 1133(d)(1)) and in accordance with ap19 propriate policies, such as those established in 

20 Appendix B of House Report 101–405, the 

21 State may use aircraft (including helicopters) in 

22 the wilderness areas designated by this subtitle 

23 to survey, capture, transplant, monitor, and 

24 provide water for wildlife populations, including 


jbell on PROD1PC69 with BILLS
112 

•S 22 PCS

1 bighorn sheep, and feral stock, feral horses, and 

2 feral burros. 

3 (9) WILDFIRE, INSECT, AND DISEASE MANAGE4 MENT.—Consistent with section 4(d)(1) of the Wil5 derness Act (16 U.S.C. 1133(d)(1)), the Secretary 

6 may take any measures that the Secretary deter7 mines to be necessary to control fire, insects, and 

8 diseases, including, as the Secretary determines ap9 propriate, the coordination of those activities with a 

10 State or local agency. 

11 (10) ADJACENT MANAGEMENT.— 

12 (A) IN GENERAL.—The designation of a 

13 wilderness area by this subtitle shall not create 

14 any protective perimeter or buffer zone around 

15 the wilderness area. 

16 (B) NONWILDERNESS ACTIVITIES.—The 

17 fact that nonwilderness activities or uses can be 

18 seen or heard from areas within a wilderness 

19 area designated by this subtitle shall not pre20 clude the conduct of those activities or uses out21 side the boundary of the wilderness area. 

22 (11) MILITARY OVERFLIGHTS.—Nothing in this 

23 subtitle restricts or precludes— 

24 (A) low-level overflights of military aircraft 

25 over the areas designated as wilderness by this 


jbell on PROD1PC69 with BILLS
113 

•S 22 PCS

1 subtitle, including military overflights that can 

2 be seen or heard within the wilderness areas; 

3 (B) flight testing and evaluation; or 

4 (C) the designation or creation of new 

5 units of special use airspace, or the establish6 ment of military flight training routes, over the 

7 wilderness areas. 

8 (12) WATER RIGHTS.— 

9 (A) IN GENERAL.—The designation of 

10 areas as wilderness by subsection (a) shall not 

11 create an express or implied reservation by the 

12 United States of any water or water rights for 

13 wilderness purposes with respect to such areas. 

14 (B) EXCLUSIONS.—This paragraph does 

15 not apply to any components of the National 

16 Wild and Scenic Rivers System designated by 

17 section 1504. 

18 SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS. 

19 (a) IN GENERAL.—Section 3(a) of the Wild and Sce20 nic Rivers Act (16 U.S.C. 1274(a)) (as amended by sec21 tion 1203(a)(1)) is amended by adding at the end the fol22 lowing: 

23 ‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 

24 miles of Battle Creek from the confluence of the 

25 Owyhee River to the upstream boundary of the 


jbell on PROD1PC69 with BILLS
114 

•S 22 PCS

1 Owyhee River Wilderness, to be administered by the 

2 Secretary of the Interior as a wild river. 

3 ‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 

4 miles of Big Jacks Creek from the downstream bor5 der of the Big Jacks Creek Wilderness in sec. 8, T. 

6 8 S., R. 4 E., to the point at which it enters the NW 

1 7 ⁄4 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, to 

8 be administered by the Secretary of the Interior as 

9 a wild river. 

10 ‘‘(182) BRUNEAU RIVER, IDAHO.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), the 39.3-mile segment of the 

13 Bruneau River from the downstream boundary 

14 of the Bruneau-Jarbidge Wilderness to the up15 stream confluence with the west fork of the 

16 Bruneau River, to be administered by the Sec17 retary of the Interior as a wild river. 

18 ‘‘(B) EXCEPTION.—Notwithstanding sub19 paragraph (A), the 0.6-mile segment of the 

20 Bruneau River at the Indian Hot Springs pub21 lic road access shall be administered by the Sec22 retary of the Interior as a recreational river. 

23 ‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.— 

24 The approximately 0.35 miles of the West Fork of 

25 the Bruneau River from the confluence with the 


jbell on PROD1PC69 with BILLS
115 

•S 22 PCS

1 Jarbidge River to the downstream boundary of the 

2 Bruneau Canyon Grazing Allotment in the SE/NE 

3 of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be 

4 administered by the Secretary of the Interior as a 

5 wild river. 

6 ‘‘(184) COTTONWOOD CREEK, IDAHO.—The 2.6 

7 miles of Cottonwood Creek from the confluence with 

8 Big Jacks Creek to the upstream boundary of the 

9 Big Jacks Creek Wilderness, to be administered by 

10 the Secretary of the Interior as a wild river. 

11 ‘‘(185) DEEP CREEK, IDAHO.—The 13.1-mile 

12 segment of Deep Creek from the confluence with the 

13 Owyhee River to the upstream boundary of the 

14 Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 

15 W., Boise Meridian, to be administered by the Sec16 retary of the Interior as a wild river. 

17 ‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 

18 9.25 miles of Dickshooter Creek from the confluence 

with Deep Creek to a point on the stream 1 19 ⁄4 mile 

20 due west of the east boundary of sec. 16, T. 12 S., 

21 R. 2 W., Boise Meridian, to be administered by the 

22 Secretary of the Interior as a wild river. 

23 ‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile 

24 segment of Duncan Creek from the confluence with 

25 Big Jacks Creek upstream to the east boundary of 


jbell on PROD1PC69 with BILLS
116 

•S 22 PCS

1 sec. 18, T. 10 S., R. 4 E., Boise Meridian, to be ad2 ministered by the Secretary of the Interior as a wild 

3 river. 

4 ‘‘(188) JARBIDGE RIVER, IDAHO.—The 28.8 

5 miles of the Jarbidge River from the confluence with 

6 the West Fork Bruneau River to the upstream 

7 boundary of the Bruneau-Jarbidge Rivers Wilder8 ness, to be administered by the Secretary of the In9 terior as a wild river. 

10 ‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 

11 12.4 miles of Little Jacks Creek from the down12 stream boundary of the Little Jacks Creek Wilder13 ness, upstream to the mouth of OX Prong Creek, to 

14 be administered by the Secretary of the Interior as 

15 a wild river. 

16 ‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.— 

17 The following segments of the North Fork of the 

18 Owyhee River, to be administered by the Secretary 

19 of the Interior: 

20 ‘‘(A) The 5.7-mile segment from the 

21 Idaho-Oregon State border to the upstream 

22 boundary of the private land at the Juniper Mt. 

23 Road crossing, as a recreational river. 

24 ‘‘(B) The 15.1-mile segment from the up25 stream boundary of the North Fork Owyhee 


jbell on PROD1PC69 with BILLS
117 

•S 22 PCS

1 River recreational segment designated in para2 graph (A) to the upstream boundary of the 

3 North Fork Owyhee River Wilderness, as a wild 

4 river. 

5 ‘‘(191) OWYHEE RIVER, IDAHO.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), the 67.3 miles of the Owyhee River 

8 from the Idaho-Oregon State border to the up9 stream boundary of the Owyhee River Wilder10 ness, to be administered by the Secretary of the 

11 Interior as a wild river. 

12 ‘‘(B) ACCESS.—The Secretary of the Inte13 rior shall allow for continued access across the 

14 Owyhee River at Crutchers Crossing, subject to 

15 such terms and conditions as the Secretary of 

16 the Interior determines to be necessary. 

17 ‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of 

18 Red Canyon from the confluence of the Owyhee 

19 River to the upstream boundary of the Owyhee River 

20 Wilderness, to be administered by the Secretary of 

21 the Interior as a wild river. 

22 ‘‘(193) SHEEP CREEK, IDAHO.—The 25.6 miles 

23 of Sheep Creek from the confluence with the 

24 Bruneau River to the upstream boundary of the 


jbell on PROD1PC69 with BILLS
118 

•S 22 PCS

1 Bruneau-Jarbidge Rivers Wilderness, to be adminis2 tered by the Secretary of the Interior as a wild river. 

3 ‘‘(194) SOUTH FORK OWYHEE RIVER, IDAHO.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the 31.4-mile segment of the 

6 South Fork of the Owyhee River upstream from 

7 the confluence with the Owyhee River to the up8 stream boundary of the Owyhee River Wilder9 ness at the Idaho–Nevada State border, to be 

10 administered by the Secretary of the Interior as 

11 a wild river. 

12 ‘‘(B) EXCEPTION.—Notwithstanding sub13 paragraph (A), the 1.2-mile segment of the 

14 South Fork of the Owyhee River from the point 

15 at which the river enters the southernmost 

16 boundary to the point at which the river exits 

17 the northernmost boundary of private land in 

18 sec. 25 and 26, T. 14 S., R. 5 W., Boise Merid19 ian, shall be administered by the Secretary of 

20 the Interior as a recreational river. 

21 ‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 

22 miles of Wickahoney Creek from the confluence of 

23 Big Jacks Creek to the upstream boundary of the 

24 Big Jacks Creek Wilderness, to be administered by 

25 the Secretary of the Interior as a wild river.’’. 


jbell on PROD1PC69 with BILLS
119 

•S 22 PCS

1 (b) BOUNDARIES.—Notwithstanding section 3(b) of 

2 the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the 

3 boundary of a river segment designated as a component 

4 of the National Wild and Scenic Rivers System under this 

5 subtitle shall extend not more than the shorter of— 

(1) an average distance of 1 6 ⁄4 mile from the 

7 high water mark on both sides of the river segment; 

8 or 

9 (2) the distance to the nearest confined canyon 

10 rim. 

11 (c) LAND ACQUISITION.—The Secretary shall not ac12 quire any private land within the exterior boundary of a 

13 wild and scenic river corridor without the consent of the 

14 owner. 

15 SEC. 1505. LAND IDENTIFIED FOR DISPOSAL. 

16 (a) IN GENERAL.—Consistent with applicable law, 

17 the Secretary may sell public land located within the Boise 

18 District of the Bureau of Land Management that, as of 

19 July 25, 2000, has been identified for disposal in appro20 priate resource management plans. 

21 (b) USE OF PROCEEDS.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law (other than a law that specifically 

24 provides for a proportion of the proceeds of a land 

25 sale to be distributed to any trust fund of the 


jbell on PROD1PC69 with BILLS
120 

•S 22 PCS

1 State), proceeds from the sale of public land under 

2 subsection (a) shall be deposited in a separate ac3 count in the Treasury of the United States to be 

4 known as the ‘‘Owyhee Land Acquisition Account’’. 

5 (2) AVAILABILITY.— 

6 (A) IN GENERAL.—Amounts in the ac7 count shall be available to the Secretary, with8 out further appropriation, to purchase land or 

9 interests in land in, or adjacent to, the wilder10 ness areas designated by this subtitle, including 

11 land identified as ‘‘Proposed for Acquisition’’ 

12 on the maps described in section 1503(a)(1). 

13 (B) APPLICABLE LAW.—Any purchase of 

14 land or interest in land under subparagraph (A) 

15 shall be in accordance with applicable law. 

16 (3) APPLICABILITY.—This subsection applies to 

17 public land within the Boise District of the Bureau 

18 of Land Management sold on or after January 1, 

19 2008. 

20 (4) ADDITIONAL AMOUNTS.—If necessary, the 

21 Secretary may use additional amounts appropriated 

22 to the Department of the Interior, subject to appli23 cable reprogramming guidelines. 

24 (c) TERMINATION OF AUTHORITY.— 


jbell on PROD1PC69 with BILLS
121 

•S 22 PCS

1 (1) IN GENERAL.—The authority provided 

2 under this section terminates on the earlier of— 

3 (A) the date that is 10 years after the date 

4 of enactment of this Act; or 

5 (B) the date on which a total of 

6 $8,000,000 from the account is expended. 

7 (2) AVAILABILITY OF AMOUNTS.—Any amounts 

8 remaining in the account on the termination of au9 thority under this section shall be— 

10 (A) credited as sales of public land in the 

11 State; 

12 (B) transferred to the Federal Land Dis13 posal Account established under section 206(a) 

14 of the Federal Land Transaction Facilitation 

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

16 (C) used in accordance with that subtitle. 

17 SEC. 1506. TRIBAL CULTURAL RESOURCES. 

18 (a) COORDINATION.—The Secretary shall coordinate 

19 with the Tribes in the implementation of the Shoshone 

20 Paiute Cultural Resource Protection Plan. 

21 (b) AGREEMENTS.—The Secretary shall seek to enter 

22 into agreements with the Tribes to implement the Sho23 shone Paiute Cultural Resource Protection Plan to protect 

24 cultural sites and resources important to the continuation 

25 of the traditions and beliefs of the Tribes. 


jbell on PROD1PC69 with BILLS
122 

•S 22 PCS

1 SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS. 

2 (a) IN GENERAL.—In accordance with the Federal 

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

4 1701 et seq.), the Secretary shall, in coordination with the 

5 Tribes, State, and County, prepare 1 or more travel man6 agement plans for motorized and mechanized off-highway 

7 vehicle recreation for the land managed by the Bureau of 

8 Land Management in the County. 

9 (b) INVENTORY.—Before preparing the plan under 

10 subsection (a), the Secretary shall conduct resource and 

11 route inventories of the area covered by the plan. 

12 (c) LIMITATION TO DESIGNATED ROUTES.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the plan shall limit recreational motorized 

15 and mechanized off-highway vehicle use to a system 

16 of designated roads and trails established by the 

17 plan. 

18 (2) EXCEPTION.—Paragraph (1) shall not 

19 apply to snowmobiles. 

20 (d) TEMPORARY LIMITATION.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), until the date on which the Secretary 

23 completes the plan, all recreational motorized and 

24 mechanized off-highway vehicle use shall be limited 

25 to roads and trails lawfully in existence on the day 

26 before the date of enactment of this Act. 


jbell on PROD1PC69 with BILLS
123 

•S 22 PCS

1 (2) EXCEPTION.—Paragraph (1) shall not 

2 apply to— 

3 (A) snowmobiles; or 

4 (B) areas specifically identified as open, 

5 closed, or limited in the Owyhee Resource Man6 agement Plan. 

7 (e) SCHEDULE.— 

8 (1) OWYHEE FRONT.—It is the intent of Con9 gress that, not later than 1 year after the date of 

10 enactment of this Act, the Secretary shall complete 

11 a transportation plan for the Owyhee Front. 

12 (2) OTHER BUREAU OF LAND MANAGEMENT

13 LAND IN THE COUNTY.—It is the intent of Congress 

14 that, not later than 3 years after the date of enact15 ment of this Act, the Secretary shall complete a 

16 transportation plan for Bureau of Land Manage17 ment land in the County outside the Owyhee Front. 

18 SEC. 1508. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums 

20 as are necessary to carry out this subtitle. 

21 Subtitle G—Sabinoso Wilderness, 

22 New Mexico 

23 SEC. 1601. DEFINITIONS. 

24 In this subtitle: 


jbell on PROD1PC69 with BILLS
124 

•S 22 PCS

1 (1) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Sabinoso Wilderness’’ and dated September 

3 8, 2008. 

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

5 the Secretary of the Interior. 

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

7 of New Mexico. 

8 SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS. 

9 (a) IN GENERAL.—In furtherance of the purposes of 

10 the Wilderness Act (16 U.S.C. 1131 et seq.), the approxi11 mately 16,030 acres of land under the jurisdiction of the 

12 Taos Field Office Bureau of Land Management, New 

13 Mexico, as generally depicted on the map, is designated 

14 as wilderness and as a component of the National Wilder15 ness Preservation System, to be known as the ‘‘Sabinoso 

16 Wilderness’’. 

17 (b) MAP AND LEGAL DESCRIPTION.— 

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

19 the date of enactment of this Act, the Secretary 

20 shall file a map and a legal description of the 

21 Sabinoso Wilderness with— 

22 (A) the Committee on Energy and Natural 

23 Resources of the Senate; and 

24 (B) the Committee on Natural Resources 

25 of the House of Representatives. 


jbell on PROD1PC69 with BILLS
125 

•S 22 PCS

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 clerical 

5 and typographical errors in the map and legal de6 scription. 

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

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

9 and available for public inspection in the appropriate 

10 offices of the Bureau of Land Management. 

11 (c) ADMINISTRATION OF WILDERNESS.— 

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

13 rights, the Sabinoso Wilderness shall be adminis14 tered by the Secretary in accordance with this sub15 title and the Wilderness Act (16 U.S.C. 1131 et 

16 seq.), except that— 

17 (A) any reference in the Wilderness Act to 

18 the effective date of that Act shall be consid19 ered to be a reference to the date of enactment 

20 of this Act; and 

21 (B) any reference in the Wilderness Act to 

22 the Secretary of Agriculture shall be considered 

23 to be a reference to the Secretary of the Inte24 rior. 


jbell on PROD1PC69 with BILLS
126 

•S 22 PCS

1 (2) INCORPORATION OF ACQUIRED LAND AND

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

3 boundary of the Sabinoso Wilderness that is ac4 quired by the United States shall— 

5 (A) become part of the Sabinoso Wilder6 ness; and 

7 (B) be managed in accordance with this 

8 subtitle and any other laws applicable to the 

9 Sabinoso Wilderness. 

10 (3) GRAZING.—The grazing of livestock in the 

11 Sabinoso Wilderness, if established before the date 

12 of enactment of this Act, shall be administered in 

13 accordance with— 

14 (A) section 4(d)(4) of the Wilderness Act 

15 (16 U.S.C. 1133(d)(4)); and 

16 (B) the guidelines set forth in Appendix A 

17 of the report of the Committee on Interior and 

18 Insular Affairs of the House of Representatives 

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

20 (H. Rept. 101–405). 

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

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

23 1133(d)(7)), nothing in this subtitle affects the ju24 risdiction of the State with respect to fish and wild25 life in the State. 


jbell on PROD1PC69 with BILLS
127 

•S 22 PCS

1 (5) ACCESS.— 

2 (A) IN GENERAL.—In accordance with sec3 tion 5(a) of the Wilderness Act (16 U.S.C. 

4 1134(a)), the Secretary shall continue to allow 

5 private landowners adequate access to 

6 inholdings in the Sabinoso Wilderness. 

7 (B) CERTAIN LAND.—For access purposes, 

8 private land within T. 16 N., R. 23 E., secs. 17 

and 20 and the N1 9 ⁄2 of sec. 21, N.M.M., shall 

10 be managed as an inholding in the Sabinoso 

11 Wilderness. 

12 (d) WITHDRAWAL.—Subject to valid existing rights, 

13 the land generally depicted on the map as ‘‘Lands With14 drawn From Mineral Entry’’ and ‘‘Lands Released From 

15 Wilderness Study Area & Withdrawn From Mineral 

16 Entry’’ is withdrawn from— 

17 (1) all forms of entry, appropriation, and dis18 posal under the public land laws, except disposal by 

19 exchange in accordance with section 206 of the Fed20 eral Land Policy and Management Act of 1976 (43 

21 U.S.C. 1716); 

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

23 laws; and 

24 (3) operation of the mineral materials and geo25 thermal leasing laws. 


jbell on PROD1PC69 with BILLS
128 

•S 22 PCS

1 (e) RELEASE OF WILDERNESS STUDY AREAS.—Con2 gress finds that, for the purposes of section 603(c) of the 

3 Federal Land Policy and Management Act of 1976 (43 

4 U.S.C. 1782(c)), the public lands within the Sabinoso Wil5 derness Study Area not designated as wilderness by this 

6 subtitle— 

7 (1) have been adequately studied for wilderness 

8 designation and are no longer subject to section 

9 603(c) of the Federal Land Policy and Management 

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

11 (2) shall be managed in accordance with appli12 cable law (including subsection (d)) and the land use 

13 management plan for the surrounding area. 

14 Subtitle H—Pictured Rocks 

15 National Lakeshore Wilderness 

16 SEC. 1651. DEFINITIONS. 

17 In this subtitle: 

18 (1) LINE OF DEMARCATION.—The term ‘‘line of 

19 demarcation’’ means the point on the bank or shore 

20 at which the surface waters of Lake Superior meet 

21 the land or sand beach, regardless of the level of 

22 Lake Superior. 

23 (2) MAP.—The term ‘‘map’’ means the map en24 titled ‘‘Pictured Rocks National Lakeshore Beaver 


jbell on PROD1PC69 with BILLS
129 

•S 22 PCS

1 Basin Wilderness Boundary’’, numbered 625/80,051, 

2 and dated April 16, 2007. 

3 (3) NATIONAL LAKESHORE.—The term ‘‘Na4 tional Lakeshore’’ means the Pictured Rocks Na5 tional Lakeshore. 

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

7 the Secretary of the Interior. 

8 (5) WILDERNESS.—The term ‘‘Wilderness’’ 

9 means the Beaver Basin Wilderness designated by 

10 section 1652(a). 

11 SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS. 

12 (a) IN GENERAL.—In accordance with the Wilderness 

13 Act (16 U.S.C. 1131 et seq.), the land described in sub14 section (b) is designated as wilderness and as a component 

15 of the National Wilderness Preservation System, to be 

16 known as the ‘‘Beaver Basin Wilderness’’. 

17 (b) DESCRIPTION OF LAND.—The land referred to in 

18 subsection (a) is the land and inland water comprising ap19 proximately 11,740 acres within the National Lakeshore, 

20 as generally depicted on the map. 

21 (c) BOUNDARY.— 

22 (1) LINE OF DEMARCATION.—The line of de23 marcation shall be the boundary for any portion of 

24 the Wilderness that is bordered by Lake Superior. 


jbell on PROD1PC69 with BILLS
130 

•S 22 PCS

1 (2) SURFACE WATER.—The surface water of 

2 Lake Superior, regardless of the fluctuating lake 

3 level, shall be considered to be outside the boundary 

4 of the Wilderness. 

5 (d) MAP AND LEGAL DESCRIPTION.— 

6 (1) AVAILABILITY OF MAP.—The map shall be 

7 on file and available for public inspection in the ap8 propriate offices of the National Park Service. 

9 (2) LEGAL DESCRIPTION.—As soon as prac10 ticable after the date of enactment of this Act, the 

11 Secretary shall submit to the Committee on Energy 

12 and Natural Resources of the Senate and the Com13 mittee on Natural Resources of the House of Rep14 resentatives a legal description of the boundary of 

15 the Wilderness. 

16 (3) FORCE AND EFFECT.—The map and the 

17 legal description submitted under paragraph (2) 

18 shall have the same force and effect as if included 

19 in this subtitle, except that the Secretary may cor20 rect any clerical or typographical errors in the map 

21 and legal description. 

22 SEC. 1653. ADMINISTRATION. 

23 (a) MANAGEMENT.—Subject to valid existing rights, 

24 the Wilderness shall be administered by the Secretary in 


jbell on PROD1PC69 with BILLS
131 

•S 22 PCS

1 accordance with the Wilderness Act (16 U.S.C. 1131 et 

2 seq.), except that— 

3 (1) any reference in that Act to the effective 

4 date of that Act shall be considered to be a reference 

5 to the date of enactment of this Act; and 

6 (2) with respect to land administered by the 

7 Secretary, any reference in that Act to the Secretary 

8 of Agriculture shall be considered to be a reference 

9 to the Secretary. 

10 (b) USE OF ELECTRIC MOTORS.—The use of boats 

11 powered by electric motors on Little Beaver and Big Bea12 ver Lakes may continue, subject to any applicable laws 

13 (including regulations). 

14 SEC. 1654. EFFECT. 

15 Nothing in this subtitle— 

16 (1) modifies, alters, or affects any treaty rights; 

17 (2) alters the management of the water of Lake 

18 Superior within the boundary of the Pictured Rocks 

19 National Lakeshore in existence on the date of en20 actment of this Act; or 

21 (3) prohibits— 

22 (A) the use of motors on the surface water 

23 of Lake Superior adjacent to the Wilderness; or 

24 (B) the beaching of motorboats at the line 

25 of demarcation. 


jbell on PROD1PC69 with BILLS
132 

•S 22 PCS

1 Subtitle I—Oregon Badlands 

2 Wilderness 

3 SEC. 1701. DEFINITIONS. 

4 In this subtitle: 

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

6 Central Oregon Irrigation District. 

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

8 the Secretary of the Interior. 

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

10 of Oregon. 

11 (4) WILDERNESS MAP.—The term ‘‘wilderness 

12 map’’ means the map entitled ‘‘Badlands Wilder13 ness’’ and dated September 3, 2008. 

14 SEC. 1702. OREGON BADLANDS WILDERNESS. 

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

17 29,301 acres of Bureau of Land Management land in the 

18 State, as generally depicted on the wilderness map, is des19 ignated as wilderness and as a component of the National 

20 Wilderness Preservation System, to be known as the ‘‘Or21 egon Badlands Wilderness’’. 

22 (b) ADMINISTRATION OF WILDERNESS.— 

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

24 rights, the Oregon Badlands Wilderness shall be ad25 ministered by the Secretary in accordance with the 


jbell on PROD1PC69 with BILLS
133 

•S 22 PCS

1 Wilderness Act (16 U.S.C. 1131 et seq.), except 

2 that— 

3 (A) any reference in the Wilderness Act to 

4 the effective date of that Act shall be consid5 ered to be a reference to the date of enactment 

6 of this Act; and 

7 (B) any reference in the Wilderness Act to 

8 the Secretary of Agriculture shall be considered 

9 to be a reference to the Secretary of the Inte10 rior. 

11 (2) INCORPORATION OF ACQUIRED LAND AND

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

13 boundary of the Oregon Badlands Wilderness that is 

14 acquired by the United States shall— 

15 (A) become part of the Oregon Badlands 

16 Wilderness; and 

17 (B) be managed in accordance with this 

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

19 seq.), and any other applicable law. 

20 (3) GRAZING.—The grazing of livestock in the 

21 Oregon Badlands Wilderness, if established before 

22 the date of enactment of this Act, shall be permitted 

23 to continue subject to such reasonable regulations as 

24 are considered necessary by the Secretary in accord25 ance with— 


jbell on PROD1PC69 with BILLS
134 

•S 22 PCS

1 (A) section 4(d)(4) of the Wilderness Act 

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

3 (B) the guidelines set forth in Appendix A 

4 of the report of the Committee on Interior and 

5 Insular Affairs of the House of Representatives 

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

7 (H. Rept. 101–405). 

8 (4) ACCESS TO PRIVATE PROPERTY.—In ac9 cordance with section 5(a) of the Wilderness Act (16 

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

11 owner of private property within the boundary of the 

12 Oregon Badlands Wilderness adequate access to the 

13 property. 

14 (c) POTENTIAL WILDERNESS.— 

15 (1) IN GENERAL.—In furtherance of the pur16 poses of the Wilderness Act (16 U.S.C. 1131 et 

17 seq.), a corridor of certain Federal land managed by 

18 the Bureau of Land Management with a width of 25 

19 feet, as generally depicted on the wilderness map as 

20 ‘‘Potential Wilderness’’, is designated as potential 

21 wilderness. 

22 (2) INTERIM MANAGEMENT.—The potential wil23 derness designated by paragraph (1) shall be man24 aged in accordance with the Wilderness Act (16 

25 U.S.C. 1131 et seq.), except that the Secretary may 


jbell on PROD1PC69 with BILLS
135 

•S 22 PCS

1 allow nonconforming uses that are authorized and in 

2 existence on the date of enactment of this Act to 

3 continue in the potential wilderness. 

4 (3) DESIGNATION AS WILDERNESS.—On the 

5 date on which the Secretary publishes in the Federal 

6 Register notice that any nonconforming uses in the 

7 potential wilderness designated by paragraph (1) 

8 that are permitted under paragraph (2) have termi9 nated, the potential wilderness shall be— 

10 (A) designated as wilderness and as a com11 ponent of the National Wilderness Preservation 

12 System; and 

13 (B) incorporated into the Oregon Badlands 

14 Wilderness. 

15 (d) MAP AND LEGAL DESCRIPTION.— 

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

17 the date of enactment of this Act, the Secretary 

18 shall file a map and legal description of the Oregon 

19 Badlands Wilderness with— 

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 (2) FORCE OF LAW.—The map and legal de25 scription filed under paragraph (1) shall have the 


jbell on PROD1PC69 with BILLS
136 

•S 22 PCS

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

2 except that the Secretary may correct typographical 

3 errors in the map and legal description. 

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 SEC. 1703. RELEASE. 

9 (a) FINDING.—Congress finds that, for the purposes 

10 of section 603(c) of the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1782(c)), the portions of 

12 the Badlands wilderness study area that are not des13 ignated as the Oregon Badlands Wilderness or as potential 

14 wilderness have been adequately studied for wilderness or 

15 potential wilderness designation. 

16 (b) RELEASE.—Any public land described in sub17 section (a) that is not designated as wilderness by this 

18 subtitle— 

19 (1) is no longer subject to section 603(c) of the 

20 Federal Land Policy and Management Act of 1976 

21 (43 U.S.C. 1782(c)); and 

22 (2) shall be managed in accordance with the ap23 plicable land use plan adopted under section 202 of 

24 that Act (43 U.S.C. 1712). 


jbell on PROD1PC69 with BILLS
137 

•S 22 PCS

1 SEC. 1704. LAND EXCHANGES. 

2 (a) CLARNO LAND EXCHANGE.— 

3 (1) CONVEYANCE OF LAND.—Subject to sub4 sections (c) through (e), if the landowner offers to 

5 convey to the United States all right, title, and in6 terest of the landowner in and to the non-Federal 

7 land described in paragraph (2)(A), the Secretary 

8 shall— 

9 (A) accept the offer; and 

10 (B) on receipt of acceptable title to the 

11 non-Federal land, convey to the Landowner all 

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

13 and to the Federal land described in paragraph 

14 (2)(B). 

15 (2) DESCRIPTION OF LAND.— 

16 (A) NON-FEDERAL LAND.—The non-Fed17 eral land referred to in paragraph (1) is the ap18 proximately 239 acres of non-Federal land iden19 tified on the wilderness map as ‘‘Clarno to Fed20 eral Government’’. 

21 (B) FEDERAL LAND.—The Federal land 

22 referred to in paragraph (1)(B) is the approxi23 mately 209 acres of Federal land identified on 

24 the wilderness map as ‘‘Federal Government to 

25 Clarno’’. 


jbell on PROD1PC69 with BILLS
138 

•S 22 PCS

1 (3) SURVEYS.—The exact acreage and legal de2 scription of the Federal land and non-Federal land 

3 described in paragraph (2) shall be determined by 

4 surveys approved by the Secretary. 

5 (b) DISTRICT EXCHANGE.— 

6 (1) CONVEYANCE OF LAND.—Subject to sub7 sections (c) through (e), if the District offers to con8 vey to the United States all right, title, and interest 

9 of the District in and to the non-Federal land de10 scribed in paragraph (2)(A), the Secretary shall— 

11 (A) accept the offer; and 

12 (B) on receipt of acceptable title to the 

13 non-Federal land, convey to the District all 

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

15 and to the Federal land described in paragraph 

16 (2)(B). 

17 (2) DESCRIPTION OF LAND.— 

18 (A) NON-FEDERAL LAND.—The non-Fed19 eral land referred to in paragraph (1) is the ap20 proximately 527 acres of non-Federal land iden21 tified on the wilderness map as ‘‘COID to Fed22 eral Government’’. 

23 (B) FEDERAL LAND.—The Federal land 

24 referred to in paragraph (1)(B) is the approxi25 mately 697 acres of Federal land identified on 


jbell on PROD1PC69 with BILLS
139 

•S 22 PCS

1 the wilderness map as ‘‘Federal Government to 

2 COID’’. 

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 (c) APPLICABLE LAW.—Except as otherwise provided 

8 in this section, the Secretary shall carry out the land ex9 changes under this section in accordance with section 206 

10 of the Federal Land Policy and Management Act of 1976 

11 (43 U.S.C. 1716). 

12 (d) VALUATION, APPRAISALS, AND EQUALIZATION.— 

13 (1) IN GENERAL.—The value of the Federal 

14 land and the non-Federal land to be conveyed in a 

15 land exchange under this section— 

16 (A) shall be equal, as determined by ap17 praisals conducted in accordance with para18 graph (2); or 

19 (B) if not equal, shall be equalized in ac20 cordance with paragraph (3). 

21 (2) APPRAISALS.— 

22 (A) IN GENERAL.—The Federal land and 

23 the non-Federal land to be exchanged under 

24 this section shall be appraised by an inde25 pendent, qualified appraiser that is agreed to by 


jbell on PROD1PC69 with BILLS
140 

•S 22 PCS

1 the Secretary and the owner of the non-Federal 

2 land to be exchanged. 

3 (B) REQUIREMENTS.—An appraisal under 

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

6 (i) the Uniform Appraisal Standards 

7 for Federal Land Acquisitions; and 

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

10 (3) EQUALIZATION.— 

11 (A) IN GENERAL.—If the value of the Fed12 eral land and the non-Federal land to be con13 veyed in a land exchange under this section is 

14 not equal, the value may be equalized by— 

15 (i) making a cash equalization pay16 ment to the Secretary or to the owner of 

17 the non-Federal land, as appropriate, in 

18 accordance with section 206(b) of the Fed19 eral Land Policy and Management Act of 

20 1976 (43 U.S.C. 1716(b)); or 

21 (ii) reducing the acreage of the Fed22 eral land or the non-Federal land to be ex23 changed, as appropriate. 


jbell on PROD1PC69 with BILLS
141 

•S 22 PCS

1 (B) CASH EQUALIZATION PAYMENTS.— 

2 Any cash equalization payments received by the 

3 Secretary under subparagraph (A)(i) shall be— 

4 (i) deposited in the Federal Land Dis5 posal Account established by section 

6 206(a) of the Federal Land Transaction 

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

8 (ii) used in accordance with that Act. 

9 (e) CONDITIONS OF EXCHANGE.— 

10 (1) IN GENERAL.—The land exchanges under 

11 this section shall be subject to such terms and condi12 tions as the Secretary may require. 

13 (2) COSTS.—As a condition of a conveyance of 

14 Federal land and non-Federal land under this sec15 tion, the Federal Government and the owner of the 

16 non-Federal land shall equally share all costs relat17 ing to the land exchange, including the costs of ap18 praisals, surveys, and any necessary environmental 

19 clearances. 

20 (3) VALID EXISTING RIGHTS.—The exchange of 

21 Federal land and non-Federal land under this sec22 tion shall be subject to any easements, rights-of-way, 

23 and other valid rights in existence on the date of en24 actment of this Act. 


jbell on PROD1PC69 with BILLS
142 

•S 22 PCS

1 (f) COMPLETION OF LAND EXCHANGE.—It is the in2 tent of Congress that the land exchanges under this sec3 tion shall be completed not later than 2 years after the 

4 date of enactment of this Act. 

5 SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS. 

6 Nothing in this subtitle alters, modifies, enlarges, di7 minishes, or abrogates the treaty rights of any Indian 

8 tribe, including the off-reservation reserved rights secured 

9 by the Treaty with the Tribes and Bands of Middle Or10 egon of June 25, 1855 (12 Stat. 963). 

11 Subtitle J—Spring Basin 

12 Wilderness, Oregon 

13 SEC. 1751. DEFINITIONS. 

14 In this subtitle: 

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

16 the Secretary of the Interior. 

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

18 of Oregon. 

19 (3) TRIBES.—The term ‘‘Tribes’’ means the 

20 Confederated Tribes of the Warm Springs Reserva21 tion of Oregon. 

22 (4) WILDERNESS MAP.—The term ‘‘wilderness 

23 map’’ means the map entitled ‘‘Spring Basin Wilder24 ness with Land Exchange Proposals’’ and dated 

25 September 3, 2008. 


jbell on PROD1PC69 with BILLS
143 

•S 22 PCS

1 SEC. 1752. SPRING BASIN WILDERNESS. 

2 (a) DESIGNATION.—In accordance with the Wilder3 ness Act (16 U.S.C. 1131 et seq.), the approximately 

4 6,382 acres of Bureau of Land Management land in the 

5 State, as generally depicted on the wilderness map, is des6 ignated as wilderness and as a component of the National 

7 Wilderness Preservation System, to be known as the 

8 ‘‘Spring Basin Wilderness’’. 

9 (b) ADMINISTRATION OF WILDERNESS.— 

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

11 rights, the Spring Basin Wilderness shall be admin12 istered by the Secretary in accordance with the Wil13 derness Act (16 U.S.C. 1131 et 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 Spring Basin Wilderness that is ac25 quired by the United States shall— 


jbell on PROD1PC69 with BILLS
144 

•S 22 PCS

1 (A) become part of the Spring Basin Wil2 derness; and 

3 (B) be managed in accordance with this 

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

5 seq.), and any other applicable law. 

6 (3) GRAZING.—The grazing of livestock in the 

7 Spring Basin Wilderness, if established before the 

8 date of enactment of this Act, shall be permitted to 

9 continue subject to such reasonable regulations as 

10 are considered necessary by the Secretary, in accord11 ance with— 

12 (A) section 4(d)(4) of the Wilderness Act 

13 (16 U.S.C. 1133(d)(4)); and 

14 (B) the guidelines set forth in Appendix A 

15 of the report of the Committee on Interior and 

16 Insular Affairs of the House of Representatives 

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

18 (H. Rept. 101–405). 

19 (c) MAP AND LEGAL DESCRIPTION.— 

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

21 the date of enactment of this Act, the Secretary 

22 shall file a map and a legal description of the Spring 

23 Basin Wilderness with— 

24 (A) the Committee on Energy and Natural 

25 Resources of the Senate; and 


jbell on PROD1PC69 with BILLS
145 

•S 22 PCS

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 section, 

6 except that the Secretary may correct any typo7 graphical errors in the map and 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 Bureau of Land Management. 

12 SEC. 1753. RELEASE. 

13 (a) FINDING.—Congress finds that, for the purposes 

14 of section 603(c) of the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1782(c)), the portions of 

16 the Spring Basin wilderness study area that are not des17 ignated by section 1752(a) as the Spring Basin Wilderness 

18 in the following areas have been adequately studied for 

19 wilderness designation: 

(1) T. 8 S., R. 19 E., sec. 10, NE 1⁄4, W 1 20 ⁄2. 

(2) T. 8 S., R.19 E., sec. 25, SE 1⁄4, SE 1 21 ⁄4. 

(3) T. 8 S., R. 20 E., sec. 19, SE 1⁄4, S 1 22 ⁄2 of 

the S 1 23 ⁄2. 


jbell on PROD1PC69 with BILLS
146 

•S 22 PCS

1 (b) RELEASE.—Any public land described in sub2 section (a) that is not designated as wilderness by this 

3 subtitle— 

4 (1) is no longer subject to section 603(c) of the 

5 Federal Land Policy and Management Act of 1976 

6 (43 U.S.C. 1782(c)); and 

7 (2) shall be managed in accordance with the ap8 plicable land use plan adopted under section 202 of 

9 that Act (43 U.S.C. 1712). 

10 SEC. 1754. LAND EXCHANGES. 

11 (a) CONFEDERATED TRIBES OF THE WARM SPRINGS

12 RESERVATION LAND EXCHANGE.— 

13 (1) CONVEYANCE OF LAND.—Subject to sub14 sections (e) through (g), if the Tribes offer to convey 

15 to the United States all right, title, and interest of 

16 the Tribes in and to the non-Federal land described 

17 in paragraph (2)(A), the Secretary shall— 

18 (A) accept the offer; and 

19 (B) on receipt of acceptable title to the 

20 non-Federal land, convey to the Tribes all right, 

21 title, and interest of the United States in and 

22 to the Federal land described in paragraph 

23 (2)(B). 

24 (2) DESCRIPTION OF LAND.— 


jbell on PROD1PC69 with BILLS
147 

•S 22 PCS

1 (A) NON-FEDERAL LAND.—The non-Fed2 eral land referred to in paragraph (1) is the ap3 proximately 4,480 acres of non-Federal land 

4 identified on the wilderness map as ‘‘Lands pro5 posed for transfer from the CTWSIR to the 

6 Federal Government’’. 

7 (B) FEDERAL LAND.—The Federal land 

8 referred to in paragraph (1)(B) is the approxi9 mately 4,578 acres of Federal land identified on 

10 the wilderness map as ‘‘Lands proposed for 

11 transfer from the Federal Government to 

12 CTWSIR’’. 

13 (3) SURVEYS.—The exact acreage and legal de14 scription of the Federal land and non-Federal land 

15 described in paragraph (2) shall be determined by 

16 surveys approved by the Secretary. 

17 (4) WITHDRAWAL.—Subject to valid existing 

18 rights, the land acquired by the Secretary under this 

19 subsection is withdrawn from all forms of— 

20 (A) entry, appropriation, or disposal under 

21 the public land laws; 

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

23 mining laws; and 


jbell on PROD1PC69 with BILLS
148 

•S 22 PCS

1 (C) disposition under any law relating to 

2 mineral and geothermal leasing or mineral ma3 terials. 

4 (b) MCGREER LAND EXCHANGE.— 

5 (1) CONVEYANCE OF LAND.—Subject to sub6 sections (e) through (g), if the landowner offers to 

7 convey to the United States all right, title, and in8 terest of the landowner in and to the non-Federal 

9 land described in paragraph (2)(A), the Secretary 

10 shall— 

11 (A) accept the offer; and 

12 (B) on receipt of acceptable title to the 

13 non-Federal land, convey to the landowner all 

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

15 and to the Federal land described in paragraph 

16 (2)(B). 

17 (2) DESCRIPTION OF LAND.— 

18 (A) NON-FEDERAL LAND.—The non-Fed19 eral land referred to in paragraph (1) is the ap20 proximately 18 acres of non-Federal land iden21 tified on the wilderness map as ‘‘Lands pro22 posed for transfer from McGreer to the Federal 

23 Government’’. 

24 (B) FEDERAL LAND.—The Federal land 

25 referred to in paragraph (1)(B) is the approxiVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
149 

•S 22 PCS

1 mately 327 acres of Federal land identified on 

2 the wilderness map as ‘‘Lands proposed for 

3 transfer from the Federal Government to 

4 McGreer’’. 

5 (3) SURVEYS.—The exact acreage and legal de6 scription of the Federal land and non-Federal land 

7 described in paragraph (2) shall be determined by 

8 surveys approved by the Secretary. 

9 (c) KEYS LAND EXCHANGE.— 

10 (1) CONVEYANCE OF LAND.—Subject to sub11 sections (e) through (g), if the landowner offers to 

12 convey to the United States all right, title, and in13 terest of the landowner in and to the non-Federal 

14 land described in paragraph (2)(A), the Secretary 

15 shall— 

16 (A) accept the offer; and 

17 (B) on receipt of acceptable title to the 

18 non-Federal land, convey to the landowner all 

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

20 and to the Federal land described in paragraph 

21 (2)(B). 

22 (2) DESCRIPTION OF LAND.— 

23 (A) NON-FEDERAL LAND.—The non-Fed24 eral land referred to in paragraph (1) is the ap25 proximately 180 acres of non-Federal land idenVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
150 

•S 22 PCS

1 tified on the wilderness map as ‘‘Lands pro2 posed for transfer from Keys to the Federal 

3 Government’’. 

4 (B) FEDERAL LAND.—The Federal land 

5 referred to in paragraph (1)(B) is the approxi6 mately 187 acres of Federal land identified on 

7 the wilderness map as ‘‘Lands proposed for 

8 transfer from the Federal Government to 

9 Keys’’. 

10 (3) SURVEYS.—The exact acreage and legal de11 scription of the Federal land and non-Federal land 

12 described in paragraph (2) shall be determined by 

13 surveys approved by the Secretary. 

14 (d) BOWERMAN LAND EXCHANGE.— 

15 (1) CONVEYANCE OF LAND.—Subject to sub16 sections (e) through (g), if the landowner offers to 

17 convey to the United States all right, title, and in18 terest of the landowner in and to the non-Federal 

19 land described in paragraph (2)(A), the Secretary 

20 shall— 

21 (A) accept the offer; and 

22 (B) on receipt of acceptable title to the 

23 non-Federal land, convey to the landowner all 

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


jbell on PROD1PC69 with BILLS
151 

•S 22 PCS

1 and to the Federal land described in paragraph 

2 (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 32 acres of non-Federal land iden7 tified on the wilderness map as ‘‘Lands pro8 posed for transfer from Bowerman to the Fed9 eral Government’’. 

10 (B) FEDERAL LAND.—The Federal land 

11 referred to in paragraph (1)(B) is the approxi12 mately 24 acres of Federal land identified on 

13 the wilderness map as ‘‘Lands proposed for 

14 transfer from the Federal Government to 

15 Bowerman’’. 

16 (3) SURVEYS.—The exact acreage and legal de17 scription of the Federal land and non-Federal land 

18 described in paragraph (2) shall be determined by 

19 surveys approved by the Secretary. 

20 (e) APPLICABLE LAW.—Except as otherwise provided 

21 in this section, the Secretary shall carry out the land ex22 changes under this section in accordance with section 206 

23 of the Federal Land Policy and Management Act of 1976 

24 (43 U.S.C. 1716). 

25 (f) VALUATION, APPRAISALS, AND EQUALIZATION.— 


jbell on PROD1PC69 with BILLS
152 

•S 22 PCS

1 (1) IN GENERAL.—The value of the Federal 

2 land and the non-Federal land to be conveyed in a 

3 land exchange under this section— 

4 (A) shall be equal, as determined by ap5 praisals conducted in accordance with para6 graph (2); or 

7 (B) if not equal, shall be equalized in ac8 cordance with paragraph (3). 

9 (2) APPRAISALS.— 

10 (A) IN GENERAL.—The Federal land and 

11 the non-Federal land to be exchanged under 

12 this section shall be appraised by an inde13 pendent, qualified appraiser that is agreed to by 

14 the Secretary and the owner of the non-Federal 

15 land to be exchanged. 

16 (B) REQUIREMENTS.—An appraisal under 

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

19 (i) the Uniform Appraisal Standards 

20 for Federal Land Acquisitions; and 

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

23 (3) EQUALIZATION.— 

24 (A) IN GENERAL.—If the value of the Fed25 eral land and the non-Federal land to be conVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
153 

•S 22 PCS

1 veyed in a land exchange under this section is 

2 not equal, the value may be equalized by— 

3 (i) making a cash equalization pay4 ment to the Secretary or to the owner of 

5 the non-Federal land, as appropriate, in 

6 accordance with section 206(b) of the Fed7 eral Land Policy and Management Act of 

8 1976 (43 U.S.C. 1716(b)); or 

9 (ii) reducing the acreage of the Fed10 eral land or the non-Federal land to be ex11 changed, as appropriate. 

12 (B) CASH EQUALIZATION PAYMENTS.— 

13 Any cash equalization payments received by the 

14 Secretary under subparagraph (A)(i) shall be— 

15 (i) deposited in the Federal Land Dis16 posal Account established by section 

17 206(a) of the Federal Land Transaction 

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

19 (ii) used in accordance with that Act. 

20 (g) CONDITIONS OF EXCHANGE.— 

21 (1) IN GENERAL.—The land exchanges under 

22 this section shall be subject to such terms and condi23 tions as the Secretary may require. 

24 (2) COSTS.—As a condition of a conveyance of 

25 Federal land and non-Federal land under this secVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
154 

•S 22 PCS

1 tion, the Federal Government and the owner of the 

2 non-Federal land shall equally share all costs relat3 ing to the land exchange, including the costs of ap4 praisals, surveys, and any necessary environmental 

5 clearances. 

6 (3) VALID EXISTING RIGHTS.—The exchange of 

7 Federal land and non-Federal land under this sec8 tion shall be subject to any easements, rights-of-way, 

9 and other valid rights in existence on the date of en10 actment of this Act. 

11 (h) COMPLETION OF LAND EXCHANGE.—It is the in12 tent of Congress that the land exchanges under this sec13 tion shall be completed not later than 2 years after the 

14 date of enactment of this Act. 

15 SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS. 

16 Nothing in this subtitle alters, modifies, enlarges, di17 minishes, or abrogates the treaty rights of any Indian 

18 tribe, including the off-reservation reserved rights secured 

19 by the Treaty with the Tribes and Bands of Middle Or20 egon of June 25, 1855 (12 Stat. 963). 

21 Subtitle K—Eastern Sierra and 

22 Northern San Gabriel Wilder23 ness, California 

24 SEC. 1801. DEFINITIONS. 

25 In this subtitle: 


jbell on PROD1PC69 with BILLS
155 

•S 22 PCS

1 (1) FOREST.—The term ‘‘Forest’’ means the 

2 Ancient Bristlecone Pine Forest designated by sec3 tion 1808(a). 

4 (2) RECREATION AREA.—The term ‘‘Recreation 

5 Area’’ means the Bridgeport Winter Recreation Area 

6 designated by section 1806(a). 

7 (3) SECRETARY.—The term ‘‘Secretary’’ 

8 means— 

9 (A) with respect to land under the jurisdic10 tion of the Secretary of Agriculture, the Sec11 retary of Agriculture; and 

12 (B) with respect to land under the jurisdic13 tion of the Secretary of the Interior, the Sec14 retary of the Interior. 

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

16 of California. 

17 (5) TRAIL.—The term ‘‘Trail’’ means the Pa18 cific Crest National Scenic Trail. 

19 SEC. 1802. DESIGNATION OF WILDERNESS AREAS. 

20 In accordance with the Wilderness Act (16 U.S.C. 

21 1131 et seq.), the following areas in the State are des22 ignated as wilderness and as components of the National 

23 Wilderness Preservation System: 

24 (1) HOOVER WILDERNESS ADDITIONS.— 


jbell on PROD1PC69 with BILLS
156 

•S 22 PCS

1 (A) IN GENERAL.—Certain land in the 

2 Humboldt-Toiyabe and Inyo National Forests, 

3 comprising approximately 79,820 acres and 

4 identified as ‘‘Hoover East Wilderness Addi5 tion,’’ ‘‘Hoover West Wilderness Addition’’, and 

6 ‘‘Bighorn Proposed Wilderness Addition’’, as 

7 generally depicted on the maps described in 

8 subparagraph (B), is incorporated in, and shall 

9 be considered to be a part of, the Hoover Wil10 derness. 

11 (B) DESCRIPTION OF MAPS.—The maps 

12 referred to in subparagraph (A) are— 

13 (i) the map entitled ‘‘Humboldt14 Toiyabe National Forest Proposed Man15 agement’’ and dated September 17, 2008; 

16 and 

17 (ii) the map entitled ‘‘Bighorn Pro18 posed Wilderness Additions’’ and dated 

19 September 23, 2008. 

20 (C) EFFECT.—The designation of the wil21 derness under subparagraph (A) shall not affect 

22 the ongoing activities of the adjacent United 

23 States Marine Corps Mountain Warfare Train24 ing Center on land outside the designated wil25 derness, in accordance with the agreement beVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
157 

•S 22 PCS

1 tween the Center and the Humboldt-Toiyabe 

2 National Forest. 

3 (2) OWENS RIVER HEADWATERS WILDER4 NESS.—Certain land in the Inyo National Forest, 

5 comprising approximately 14,721 acres, as generally 

6 depicted on the map entitled ‘‘Owens River Head7 waters Proposed Wilderness’’ and dated September 

8 16, 2008, which shall be known as the ‘‘Owens River 

9 Headwaters Wilderness’’. 

10 (3) JOHN MUIR WILDERNESS ADDITIONS.— 

11 (A) IN GENERAL.—Certain land in the 

12 Inyo National Forest and certain land adminis13 tered by the Bureau of Land Management in 

14 Inyo County, California, comprising approxi15 mately 70,411 acres, as generally depicted on 

16 the maps described in subparagraph (B), is in17 corporated in, and shall be considered to be a 

18 part of, the John Muir Wilderness. 

19 (B) DESCRIPTION OF MAPS.—The maps 

20 referred to in subparagraph (A) are— 

21 (i) the map entitled ‘‘John Muir Pro22 posed Wilderness Addition (1 of 5)’’ and 

23 dated September 23, 2008; 


jbell on PROD1PC69 with BILLS
158 

•S 22 PCS

1 (ii) the map entitled ‘‘John Muir Pro2 posed Wilderness Addition (2 of 5)’’ and 

3 dated September 23, 2008; 

4 (iii) the map entitled ‘‘John Muir Pro5 posed Wilderness Addition (3 of 5)’’ and 

6 dated October 31, 2008; 

7 (iv) the map entitled ‘‘John Muir Pro8 posed Wilderness Addition (4 of 5)’’ and 

9 dated September 16, 2008; and 

10 (v) the map entitled ‘‘John Muir Pro11 posed Wilderness Addition (5 of 5)’’ and 

12 dated September 16, 2008. 

13 (C) BOUNDARY REVISION.—The boundary 

14 of the John Muir Wilderness is revised as de15 picted on the map entitled ‘‘John Muir Wilder16 ness—Revised’’ and dated September 16, 2008. 

17 (4) ANSEL ADAMS WILDERNESS ADDITION.— 

18 Certain land in the Inyo National Forest, comprising 

19 approximately 528 acres, as generally depicted on 

20 the map entitled ‘‘Ansel Adams Proposed Wilderness 

21 Addition’’ and dated September 16, 2008, is incor22 porated in, and shall be considered to be a part of, 

23 the Ansel Adams Wilderness. 

24 (5) WHITE MOUNTAINS WILDERNESS.— 


jbell on PROD1PC69 with BILLS
159 

•S 22 PCS

1 (A) IN GENERAL.—Certain land in the 

2 Inyo National Forest and certain land adminis3 tered by the Bureau of Land Management in 

4 Mono County, California, comprising approxi5 mately 229,993 acres, as generally depicted on 

6 the maps described in subparagraph (B), which 

7 shall be known as the ‘‘White Mountains Wil8 derness’’. 

9 (B) DESCRIPTION OF MAPS.—The maps 

10 referred to in subparagraph (A) are— 

11 (i) the map entitled ‘‘White Moun12 tains Proposed Wilderness-Map 1 of 2 

13 (North)’’ and dated September 16, 2008; 

14 and 

15 (ii) the map entitled ‘‘White Moun16 tains Proposed Wilderness-Map 2 of 2 

17 (South)’’ and dated September 16, 2008. 

18 (6) GRANITE MOUNTAIN WILDERNESS.—Cer19 tain land in the Inyo National Forest and certain 

20 land administered by the Bureau of Land Manage21 ment in Mono County, California, comprising ap22 proximately 34,342 acres, as generally depicted on 

23 the map entitled ‘‘Granite Mountain Wilderness’’ 

24 and dated September 19, 2008, which shall be 

25 known as the ‘‘Granite Mountain Wilderness’’. 


jbell on PROD1PC69 with BILLS
160 

•S 22 PCS

1 (7) MAGIC MOUNTAIN WILDERNESS.—Certain 

2 land in the Angeles National Forest, comprising ap3 proximately 12,282 acres, as generally depicted on 

4 the map entitled ‘‘Magic Mountain Proposed Wilder5 ness’’ and dated December 16, 2008, which shall be 

6 known as the ‘‘Magic Mountain Wilderness’’. 

7 (8) PLEASANT VIEW RIDGE WILDERNESS.—Cer8 tain land in the Angeles National Forest, comprising 

9 approximately 26,757 acres, as generally depicted on 

10 the map entitled ‘‘Pleasant View Ridge Proposed 

11 Wilderness’’ and dated December 16, 2008, which 

12 shall be known as the ‘‘Pleasant View Ridge Wilder13 ness’’. 

14 SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS. 

15 (a) MANAGEMENT.—Subject to valid existing rights, 

16 the Secretary shall administer the wilderness areas and 

17 wilderness additions designated by this subtitle in accord18 ance with the Wilderness Act (16 U.S.C. 1131 et seq.), 

19 except that— 

20 (1) any reference in that Act to the effective 

21 date shall be considered to be a reference to the date 

22 of enactment of this Act; and 

23 (2) any reference in that Act to the Secretary 

24 of Agriculture shall be considered to be a reference 

25 to the Secretary that has jurisdiction over the land. 


jbell on PROD1PC69 with BILLS
161 

•S 22 PCS

1 (b) MAP AND LEGAL DESCRIPTION.— 

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

3 the date of enactment of this Act, the Secretary 

4 shall file a map and legal description of each wilder5 ness area and wilderness addition designated by this 

6 subtitle with— 

7 (A) the Committee on Natural Resources 

8 of the House of Representatives; and 

9 (B) the Committee on Energy and Natural 

10 Resources of the Senate. 

11 (2) FORCE OF LAW.—Each map and legal de12 scription filed under paragraph (1) shall have the 

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

14 except that the Secretary may correct any errors in 

15 the map and legal description. 

16 (3) PUBLIC AVAILABILITY.—Each map and 

17 legal description filed under paragraph (1) shall be 

18 on file and available for public inspection in the ap19 propriate offices of the Secretary. 

20 (c) INCORPORATION OF ACQUIRED LAND AND INTER21 ESTS.—Any land (or interest in land) within the boundary 

22 of a wilderness area or wilderness addition designated by 

23 this subtitle that is acquired by the Federal Government 

24 shall— 


jbell on PROD1PC69 with BILLS
162 

•S 22 PCS

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

2 the land is located; and 

3 (2) be managed in accordance with this subtitle, 

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

5 any other applicable law. 

6 (d) WITHDRAWAL.—Subject to valid rights in exist7 ence on the date of enactment of this Act, any Federal 

8 land designated as a wilderness area or wilderness addi9 tion by this subtitle is withdrawn from— 

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

11 under the public land laws; 

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

13 laws; and 

14 (3) disposition under laws relating to mineral 

15 and geothermal leasing or mineral materials. 

16 (e) FIRE MANAGEMENT AND RELATED ACTIVI17 TIES.— 

18 (1) IN GENERAL.—The Secretary may take 

19 such measures in a wilderness area or wilderness ad20 dition designated by this subtitle as are necessary 

21 for the control of fire, insects, and diseases in ac22 cordance with section 4(d)(1) of the Wilderness Act 

23 (16 U.S.C. 1133(d)(1)) and House Report 98–40 of 

24 the 98th Congress. 


jbell on PROD1PC69 with BILLS
163 

•S 22 PCS

1 (2) FUNDING PRIORITIES.—Nothing in this 

2 subtitle limits funding for fire and fuels manage3 ment in the wilderness areas and wilderness addi4 tions designated by this subtitle. 

5 (3) REVISION AND DEVELOPMENT OF LOCAL

6 FIRE MANAGEMENT PLANS.—As soon as practicable 

7 after the date of enactment of this Act, the Sec8 retary shall amend the local fire management plans 

9 that apply to the land designated as a wilderness 

10 area or wilderness addition by this subtitle. 

11 (4) ADMINISTRATION.—Consistent with para12 graph (1) and other applicable Federal law, to en13 sure a timely and efficient response to fire emer14 gencies in the wilderness areas and wilderness addi15 tions designated by this subtitle, the Secretary 

16 shall— 

17 (A) not later than 1 year after the date of 

18 enactment of this Act, establish agency ap19 proval procedures (including appropriate delega20 tions of authority to the Forest Supervisor, Dis21 trict Manager, or other agency officials) for re22 sponding to fire emergencies; and 

23 (B) enter into agreements with appropriate 

24 State or local firefighting agencies. 


jbell on PROD1PC69 with BILLS
164 

•S 22 PCS

1 (f) ACCESS TO PRIVATE PROPERTY.—The Secretary 

2 shall provide any owner of private property within the 

3 boundary of a wilderness area or wilderness addition des4 ignated by this subtitle adequate access to the property 

5 to ensure the reasonable use and enjoyment of the prop6 erty by the owner. 

7 (g) MILITARY ACTIVITIES.—Nothing in this subtitle 

8 precludes— 

9 (1) low-level overflights of military aircraft over 

10 the wilderness areas or wilderness additions des11 ignated by this subtitle; 

12 (2) the designation of new units of special air13 space over the wilderness areas or wilderness addi14 tions designated by this subtitle; or 

15 (3) the use or establishment of military flight 

16 training routes over wilderness areas or wilderness 

17 additions designated by this subtitle. 

18 (h) LIVESTOCK.—Grazing of livestock and the main19 tenance of existing facilities relating to grazing in wilder20 ness areas or wilderness additions designated by this sub21 title, if established before the date of enactment of this 

22 Act, shall be permitted to continue in accordance with— 

23 (1) section 4(d)(4) of the Wilderness Act (16 

24 U.S.C. 1133(d)(4)); and 


jbell on PROD1PC69 with BILLS
165 

•S 22 PCS

1 (2) the guidelines set forth in Appendix A of 

2 the report of the Committee on Interior and Insular 

3 Affairs of the House of Representatives accom4 panying H.R. 2570 of the 101st Congress (H. Rept. 

5 101–405). 

6 (i) FISH AND WILDLIFE MANAGEMENT.— 

7 (1) IN GENERAL.—In furtherance of the pur8 poses of the Wilderness Act (16 U.S.C. 1131 et 

9 seq.), the Secretary may carry out management ac10 tivities to maintain or restore fish and wildlife popu11 lations and fish and wildlife habitats in wilderness 

12 areas or wilderness additions designated by this sub13 title if the activities are— 

14 (A) consistent with applicable wilderness 

15 management plans; and 

16 (B) carried out in accordance with applica17 ble guidelines and policies. 

18 (2) STATE JURISDICTION.—Nothing in this 

19 subtitle affects the jurisdiction of the State with re20 spect to fish and wildlife on public land located in 

21 the State. 

22 (j) HORSES.—Nothing in this subtitle precludes 

23 horseback riding in, or the entry of recreational or com24 mercial saddle or pack stock into, an area designated as 

25 wilderness or as a wilderness addition by this subtitle— 


jbell on PROD1PC69 with BILLS
166 

•S 22 PCS

1 (1) in accordance with section 4(d)(5) of the 

2 Wilderness Act (16 U.S.C. 1133(d)(5)); and 

3 (2) subject to any terms and conditions deter4 mined to be necessary by the Secretary. 

5 (k) OUTFITTER AND GUIDE USE.—Outfitter and 

6 guide activities conducted under permits issued by the 

7 Forest Service on the additions to the John Muir, Ansel 

8 Adams, and Hoover wilderness areas designated by this 

9 subtitle shall be in addition to any existing limits estab10 lished for the John Muir, Ansel Adams, and Hoover wil11 derness areas. 

12 (l) TRANSFER TO THE FOREST SERVICE.—— 

13 (1) WHITE MOUNTAINS WILDERNESS.—Admin14 istrative jurisdiction over the approximately 946 

15 acres of land identified as ‘‘Transfer of Administra16 tive Jurisdiction from BLM to FS’’ on the maps de17 scribed in section 1802(5)(B) is transferred from the 

18 Bureau of Land Management to the Forest Service 

19 to be managed as part of the White Mountains Wil20 derness. 

21 (2) JOHN MUIR WILDERNESS.—Administrative 

22 jurisdiction over the approximately 143 acres of land 

23 identified as ‘‘Transfer of Administrative Jurisdic24 tion from BLM to FS’’ on the maps described in 

25 section 1802(3)(B) is transferred from the Bureau 


jbell on PROD1PC69 with BILLS
167 

•S 22 PCS

1 of Land Management to the Forest Service to be 

2 managed as part of the John Muir Wilderness. 

3 (m) TRANSFER TO THE BUREAU OF LAND MANAGE4 MENT.—Administrative jurisdiction over the approxi5 mately 3,010 acres of land identified as ‘‘Land from FS 

6 to BLM’’ on the maps described in section 1802(6) is 

7 transferred from the Forest Service to the Bureau of Land 

8 Management to be managed as part of the Granite Moun9 tain Wilderness. 

10 SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS. 

11 (a) FINDING.—Congress finds that, for purposes of 

12 section 603 of the Federal Land Policy and Management 

13 Act of 1976 (43 U.S.C. 1782), any portion of a wilderness 

14 study area described in subsection (b) that is not des15 ignated as a wilderness area or wilderness addition by this 

16 subtitle or any other Act enacted before the date of enact17 ment of this Act has been adequately studied for wilder18 ness. 

19 (b) DESCRIPTION OF STUDY AREAS.—The study 

20 areas referred to in subsection (a) are— 

21 (1) the Masonic Mountain Wilderness Study 

22 Area; 

23 (2) the Mormon Meadow Wilderness Study 

24 Area; 


jbell on PROD1PC69 with BILLS
168 

•S 22 PCS

1 (3) the Walford Springs Wilderness Study 

2 Area; and 

3 (4) the Granite Mountain Wilderness Study 

4 Area. 

5 (c) RELEASE.—Any portion of a wilderness study 

6 area described in subsection (b) that is not designated as 

7 a wilderness area or wilderness addition by this subtitle 

8 or any other Act enacted before the date of enactment of 

9 this Act shall not be subject to section 603(c) of the Fed10 eral Land Policy and Management Act of 1976 (43 U.S.C. 

11 1782(c)). 

12 SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS. 

13 (a) IN GENERAL.—Section 3(a) of the Wild and Sce14 nic Rivers Act (16 U.S.C. 1274(a)) (as amended by sec15 tion 1504(a)) is amended by adding at the end the fol16 lowing: 

17 ‘‘(196) AMARGOSA RIVER, CALIFORNIA.—The 

18 following segments of the Amargosa River in the 

19 State of California, to be administered by the Sec20 retary of the Interior: 

21 ‘‘(A) The approximately 4.1-mile segment 

22 of the Amargosa River from the northern 

23 boundary of sec. 7, T. 21 N., R. 7 E., to 100 

24 feet upstream of the Tecopa Hot Springs road 

25 crossing, as a scenic river. 


jbell on PROD1PC69 with BILLS
169 

•S 22 PCS

1 ‘‘(B) The approximately 8-mile segment of 

2 the Amargosa River from 100 feet downstream 

3 of the Tecopa Hot Springs Road crossing to 

4 100 feet upstream of the Old Spanish Trail 

5 Highway crossing near Tecopa, as a scenic 

6 river. 

7 ‘‘(C) The approximately 7.9-mile segment 

8 of the Amargosa River from the northern 

9 boundary of sec. 16, T. 20 N., R. 7 E., to .25 

10 miles upstream of the confluence with Sperry 

11 Wash in sec. 10, T. 19 N., R. 7 E., as a wild 

12 river. 

13 ‘‘(D) The approximately 4.9-mile segment 

14 of the Amargosa River from .25 miles upstream 

15 of the confluence with Sperry Wash in sec. 10, 

16 T. 19 N., R. 7 E. to 100 feet upstream of the 

17 Dumont Dunes access road crossing in sec. 32, 

18 T. 19 N., R. 7 E., as a recreational river. 

19 ‘‘(E) The approximately 1.4-mile segment 

20 of the Amargosa River from 100 feet down21 stream of the Dumont Dunes access road cross22 ing in sec. 32, T. 19 N., R. 7 E., as a rec23 reational river. 

24 ‘‘(197) OWENS RIVER HEADWATERS, CALI25 FORNIA.—The following segments of the Owens 


jbell on PROD1PC69 with BILLS
170 

•S 22 PCS

1 River in the State of California, to be administered 

2 by the Secretary of Agriculture: 

3 ‘‘(A) The 2.3-mile segment of Deadman 

4 Creek from the 2-forked source east of San 

5 Joaquin Peak to the confluence with the 

6 unnamed tributary flowing north into Deadman 

7 Creek from sec. 12, T. 3 S., R. 26 E., as a wild 

8 river. 

9 ‘‘(B) The 2.3-mile segment of Deadman 

10 Creek from the unnamed tributary confluence 

11 in sec. 12, T. 3 S., R. 26 E., to the Road 3S22 

12 crossing, as a scenic river. 

13 ‘‘(C) The 4.1-mile segment of Deadman 

14 Creek from the Road 3S22 crossing to .25 

15 miles downstream of the Highway 395 crossing, 

16 as a recreational river. 

17 ‘‘(D) The 3-mile segment of Deadman 

18 Creek from .25 miles downstream of the High19 way 395 crossing to 100 feet upstream of Big 

20 Springs, as a scenic river. 

21 ‘‘(E) The 1-mile segment of the Upper 

22 Owens River from 100 feet upstream of Big 

23 Springs to the private property boundary in sec. 

24 19, T. 2 S., R. 28 E., as a recreational river. 


jbell on PROD1PC69 with BILLS
171 

•S 22 PCS

1 ‘‘(F) The 4-mile segment of Glass Creek 

2 from its 2-forked source to 100 feet upstream 

3 of the Glass Creek Meadow Trailhead parking 

4 area in sec. 29, T. 2 S., R.27 E., as a wild 

5 river. 

6 ‘‘(G) The 1.3-mile segment of Glass Creek 

7 from 100 feet upstream of the trailhead park8 ing area in sec. 29 to the end of Glass Creek 

9 Road in sec. 21, T. 2 S., R. 27 E., as a scenic 

10 river. 

11 ‘‘(H) The 1.1-mile segment of Glass Creek 

12 from the end of Glass Creek Road in sec. 21, 

13 T. 2 S., R. 27 E., to the confluence with 

14 Deadman Creek, as a recreational river. 

15 ‘‘(198) COTTONWOOD CREEK, CALIFORNIA.— 

16 The following segments of Cottonwood Creek in the 

17 State of California: 

18 ‘‘(A) The 17.4-mile segment from its head19 waters at the spring in sec. 27, T 4 S., R. 34 

20 E., to the Inyo National Forest boundary at the 

21 east section line of sec 3, T. 6 S., R. 36 E., as 

22 a wild river to be administered by the Secretary 

23 of Agriculture. 

24 ‘‘(B) The 4.1-mile segment from the Inyo 

25 National Forest boundary to the northern 


jbell on PROD1PC69 with BILLS
172 

•S 22 PCS

1 boundary of sec. 5, T.4 S., R. 34 E., as a rec2 reational river, to be administered by the Sec3 retary of the Interior. 

4 ‘‘(199) PIRU CREEK, CALIFORNIA.—The fol5 lowing segments of Piru Creek in the State of Cali6 fornia, to be administered by the Secretary of Agri7 culture: 

8 ‘‘(A) The 3-mile segment of Piru Creek 

9 from 0.5 miles downstream of Pyramid Dam at 

10 the first bridge crossing to the boundary of the 

11 Sespe Wilderness, as a recreational river. 

12 ‘‘(B) The 4.25-mile segment from the 

13 boundary of the Sespe Wilderness to the bound14 ary between Los Angeles and Ventura Counties, 

15 as a wild river.’’. 

16 (b) EFFECT.—The designation of Piru Creek under 

17 subsection (a) shall not affect valid rights in existence on 

18 the date of enactment of this Act. 

19 SEC. 1806. BRIDGEPORT WINTER RECREATION AREA. 

20 (a) DESIGNATION.—The approximately 7,254 acres 

21 of land in the Humboldt-Toiyabe National Forest identi22 fied as the ‘‘Bridgeport Winter Recreation Area’’, as gen23 erally depicted on the map entitled ‘‘Humboldt-Toiyabe 

24 National Forest Proposed Management’’ and dated SepVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
173 

•S 22 PCS

1 tember 17, 2008, is designated as the Bridgeport Winter 

2 Recreation Area. 

3 (b) MAP AND LEGAL DESCRIPTION.— 

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

5 the date of enactment of this Act, the Secretary 

6 shall file a map and legal description of the Recre7 ation Area with— 

8 (A) the Committee on Natural Resources 

9 of the House of Representatives; and 

10 (B) the Committee on Energy and Natural 

11 Resources of the Senate. 

12 (2) FORCE OF LAW.—The map and legal de13 scription filed under paragraph (1) shall have the 

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

15 except that the Secretary may correct any errors in 

16 the map and legal description. 

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 Forest Service. 

21 (c) MANAGEMENT.— 

22 (1) INTERIM MANAGEMENT.—Until completion 

23 of the management plan required under subsection 

24 (d), and except as provided in paragraph (2), the 

25 Recreation Area shall be managed in accordance 


jbell on PROD1PC69 with BILLS
174 

•S 22 PCS

1 with the Toiyabe National Forest Land and Re2 source Management Plan of 1986 (as in effect on 

3 the day of enactment of this Act). 

4 (2) USE OF SNOWMOBILES.—The winter use of 

5 snowmobiles shall be allowed in the Recreation 

6 Area— 

7 (A) during periods of adequate snow cov8 erage during the winter season; and 

9 (B) subject to any terms and conditions 

10 determined to be necessary by the Secretary. 

11 (d) MANAGEMENT PLAN.—To ensure the sound man12 agement and enforcement of the Recreation Area, the Sec13 retary shall, not later than 1 year after the date of enact14 ment of this Act, undergo a public process to develop a 

15 winter use management plan that provides for— 

16 (1) adequate signage; 

17 (2) a public education program on allowable 

18 usage areas; 

19 (3) measures to ensure adequate sanitation; 

20 (4) a monitoring and enforcement strategy; and 

21 (5) measures to ensure the protection of the 

22 Trail. 

23 (e) ENFORCEMENT.—The Secretary shall prioritize 

24 enforcement activities in the Recreation Area— 


jbell on PROD1PC69 with BILLS
175 

•S 22 PCS

1 (1) to prohibit degradation of natural resources 

2 in the Recreation Area; 

3 (2) to prevent interference with nonmotorized 

4 recreation on the Trail; and 

5 (3) to reduce user conflicts in the Recreation 

6 Area. 

7 (f) PACIFIC CREST NATIONAL SCENIC TRAIL.—The 

8 Secretary shall establish an appropriate snowmobile cross9 ing point along the Trail in the area identified as ‘‘Pacific 

10 Crest Trail Proposed Crossing Area’’ on the map entitled 

11 ‘‘Humboldt-Toiyable National Forest Proposed Manage12 ment’’ and dated September 17, 2008— 

13 (1) in accordance with— 

14 (A) the National Trails System Act (16 

15 U.S.C. 1241 et seq.); and 

16 (B) any applicable environmental and pub17 lic safety laws; and 

18 (2) subject to the terms and conditions the Sec19 retary determines to be necessary to ensure that the 

20 crossing would not— 

21 (A) interfere with the nature and purposes 

22 of the Trail; or 

23 (B) harm the surrounding landscape. 


jbell on PROD1PC69 with BILLS
176 

•S 22 PCS

1 SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT2 TOIYABE NATIONAL FOREST. 

3 Certain land in the Humboldt-Toiyabe National For4 est, comprising approximately 3,690 acres identified as 

5 ‘‘Pickel Hill Management Area’’, as generally depicted on 

6 the map entitled ‘‘Humboldt-Toiyabe National Forest Pro7 posed Management’’ and dated September 17, 2008, shall 

8 be managed in a manner consistent with the non-Wilder9 ness forest areas immediately surrounding the Pickel Hill 

10 Management Area, including the allowance of snowmobile 

11 use. 

12 SEC. 1808. ANCIENT BRISTLECONE PINE FOREST. 

13 (a) DESIGNATION.—To conserve and protect the An14 cient Bristlecone Pines by maintaining near-natural condi15 tions and to ensure the survival of the Pines for the pur16 poses of public enjoyment and scientific study, the ap17 proximately 31,700 acres of public land in the State, as 

18 generally depicted on the map entitled ‘‘Ancient 

19 Bristlecone Pine Forest—Proposed’’ and dated July 16, 

20 2008, is designated as the ‘‘Ancient Bristlecone Pine For21 est’’. 

22 (b) MAP AND LEGAL DESCRIPTION.— 

23 (1) IN GENERAL.—As soon as practicable, but 

24 not later than 3 years after the date of enactment 

25 of this Act, the Secretary shall file a map and legal 

26 description of the Forest with— 


jbell on PROD1PC69 with BILLS
177 

•S 22 PCS

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.—The 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.—The map and legal 

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

12 and available for public inspection in the appropriate 

13 offices of the Forest Service. 

14 (c) MANAGEMENT.— 

15 (1) IN GENERAL.—The Secretary shall admin16 ister the Forest— 

17 (A) in a manner that— 

18 (i) protect the resources and values of 

19 the area in accordance with the purposes 

20 for which the Forest is established, as de21 scribed in subsection (a); and 

22 (ii) promotes the objectives of the ap23 plicable management plan (as in effect on 

24 the date of enactment of this Act), includ25 ing objectives relating to— 


jbell on PROD1PC69 with BILLS
178 

•S 22 PCS

1 (I) the protection of bristlecone 

2 pines for public enjoyment and sci3 entific study; 

4 (II) the recognition of the botan5 ical, scenic, and historical values of 

6 the area; and 

7 (III) the maintenance of near8 natural conditions by ensuring that all 

9 activities are subordinate to the needs 

10 of protecting and preserving 

11 bristlecone pines and wood remnants; 

12 and 

13 (B) in accordance with the National Forest 

14 Management Act of 1976 (16 U.S.C. 1600 et 

15 seq.), this section, and any other applicable 

16 laws. 

17 (2) USES.— 

18 (A) IN GENERAL.—The Secretary shall 

19 allow only such uses of the Forest as the Sec20 retary determines would further the purposes 

21 for which the Forest is established, as described 

22 in subsection (a). 

23 (B) SCIENTIFIC RESEARCH.—Scientific re24 search shall be allowed in the Forest in accord25 ance with the Inyo National Forest Land and 


jbell on PROD1PC69 with BILLS
179 

•S 22 PCS

1 Resource Management Plan (as in effect on the 

2 date of enactment of this Act). 

3 (3) WITHDRAWAL.—Subject to valid existing 

4 rights, all Federal land within the Forest is with5 drawn from— 

6 (A) all forms of entry, appropriation or 

7 disposal under the public land laws; 

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

9 mining laws; and 

10 (C) disposition under all laws relating to 

11 mineral and geothermal leasing or mineral ma12 terials. 

13 Subtitle L—Riverside County 

14 Wilderness, California 

15 SEC. 1851. WILDERNESS DESIGNATION. 

16 (a) DEFINITION OF SECRETARY.—In this section, the 

17 term ‘‘Secretary’’ means— 

18 (1) with respect to land under the jurisdiction 

19 of the Secretary of Agriculture, the Secretary of Ag20 riculture; and 

21 (2) with respect to land under the jurisdiction 

22 of the Secretary of the Interior, the Secretary of the 

23 Interior. 

24 (b) DESIGNATION OF WILDERNESS, CLEVELAND AND

25 SAN BERNARDINO NATIONAL FORESTS, JOSHUA TREE


jbell on PROD1PC69 with BILLS
180 

•S 22 PCS

1 NATIONAL PARK, AND BUREAU OF LAND MANAGEMENT

2 LAND IN RIVERSIDE COUNTY, CALIFORNIA.— 

3 (1) DESIGNATIONS.— 

4 (A) AGUA TIBIA WILDERNESS ADDI5 TIONS.—In accordance with the Wilderness Act 

6 (16 U.S.C. 1131 et seq.), certain land in the 

7 Cleveland National Forest and certain land ad8 ministered by the Bureau of Land Management 

9 in Riverside County, California, together com10 prising approximately 2,053 acres, as generally 

11 depicted on the map titled ‘‘Proposed Addition 

12 to Agua Tibia Wilderness’’, and dated May 9, 

13 2008, is designated as wilderness and is incor14 porated in, and shall be deemed to be a part of, 

15 the Agua Tibia Wilderness designated by sec16 tion 2(a) of Public Law 93–632 (88 Stat. 2154; 

17 16 U.S.C. 1132 note). 

18 (B) CAHUILLA MOUNTAIN WILDERNESS.— 

19 In accordance with the Wilderness Act (16 

20 U.S.C. 1131 et seq.), certain land in the San 

21 Bernardino National Forest, California, com22 prising approximately 5,585 acres, as generally 

23 depicted on the map titled ‘‘Cahuilla Mountain 

24 Proposed Wilderness’’, and dated May 1, 2008, 

25 is designated as wilderness and, therefore, as a 


jbell on PROD1PC69 with BILLS
181 

•S 22 PCS

1 component of the National Wilderness Preser2 vation System, which shall be known as the 

3 ‘‘Cahuilla Mountain Wilderness’’. 

4 (C) SOUTH FORK SAN JACINTO WILDER5 NESS.—In accordance with the Wilderness Act 

6 (16 U.S.C. 1131 et seq.), certain land in the 

7 San Bernardino National Forest, California, 

8 comprising approximately 20,217 acres, as gen9 erally depicted on the map titled ‘‘South Fork 

10 San Jacinto Proposed Wilderness’’, and dated 

11 May 1, 2008, is designated as wilderness and, 

12 therefore, as a component of the National Wil13 derness Preservation System, which shall be 

14 known as the ‘‘South Fork San Jacinto Wilder15 ness’’. 

16 (D) SANTA ROSA WILDERNESS ADDI17 TIONS.—In accordance with the Wilderness Act 

18 (16 U.S.C. 1131 et seq.), certain land in the 

19 San Bernardino National Forest, California, 

20 and certain land administered by the Bureau of 

21 Land Management in Riverside County, Cali22 fornia, comprising approximately 2,149 acres, 

23 as generally depicted on the map titled ‘‘Santa 

24 Rosa-San Jacinto National Monument Expan25 sion and Santa Rosa Wilderness Addition’’, and 


jbell on PROD1PC69 with BILLS
182 

•S 22 PCS

1 dated March 12, 2008, is designated as wilder2 ness and is incorporated in, and shall be 

3 deemed to be a part of, the Santa Rosa Wilder4 ness designated by section 101(a)(28) of Public 

5 Law 98–425 (98 Stat. 1623; 16 U.S.C. 1132 

6 note) and expanded by paragraph (59) of sec7 tion 102 of Public Law 103–433 (108 Stat. 

8 4472; 16 U.S.C. 1132 note). 

9 (E) BEAUTY MOUNTAIN WILDERNESS.—In 

10 accordance with the Wilderness Act (16 U.S.C. 

11 1131 et seq.), certain land administered by the 

12 Bureau of Land Management in Riverside 

13 County, California, comprising approximately 

14 15,621 acres, as generally depicted on the map 

15 titled ‘‘Beauty Mountain Proposed Wilderness’’, 

16 and dated April 3, 2007, is designated as wil17 derness and, therefore, as a component of the 

18 National Wilderness Preservation System, 

19 which shall be known as the ‘‘Beauty Mountain 

20 Wilderness’’. 

21 (F) JOSHUA TREE NATIONAL PARK WIL22 DERNESS ADDITIONS.—In accordance with the 

23 Wilderness Act (16 U.S.C. 1131 et seq.), cer24 tain land in Joshua Tree National Park, com25 prising approximately 36,700 acres, as genVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
183 

•S 22 PCS

1 erally depicted on the map numbered 156/ 

2 80,055, and titled ‘‘Joshua Tree National Park 

3 Proposed Wilderness Additions’’, and dated 

4 March 2008, is designated as wilderness and is 

5 incorporated in, and shall be deemed to be a 

6 part of, the Joshua Tree Wilderness designated 

7 by section 1(g) of Public Law 94–567 (90 Stat. 

8 2692; 16 U.S.C. 1132 note). 

9 (G) OROCOPIA MOUNTAINS WILDERNESS

10 ADDITIONS.—In accordance with the Wilderness 

11 Act (16 U.S.C. 1131 et seq.), certain land ad12 ministered by the Bureau of Land Management 

13 in Riverside County, California, comprising ap14 proximately 4,635 acres, as generally depicted 

15 on the map titled ‘‘Orocopia Mountains Pro16 posed Wilderness Addition’’, and dated May 8, 

17 2008, is designated as wilderness and is incor18 porated in, and shall be deemed to be a part of, 

19 the Orocopia Mountains Wilderness as des20 ignated by paragraph (44) of section 102 of 

21 Public Law 103–433 (108 Stat. 4472; 16 

22 U.S.C. 1132 note), except that the wilderness 

23 boundaries established by this subsection in 

24 Township 7 South, Range 13 East, exclude— 


jbell on PROD1PC69 with BILLS
184 

•S 22 PCS

1 (i) a corridor 250 feet north of the 

2 centerline of the Bradshaw Trail; 

3 (ii) a corridor 250 feet from both 

4 sides of the centerline of the vehicle route 

5 in the unnamed wash that flows between 

6 the Eagle Mountain Railroad on the south 

7 and the existing Orocopia Mountains Wil8 derness boundary; and 

9 (iii) a corridor 250 feet from both 

10 sides of the centerline of the vehicle route 

11 in the unnamed wash that flows between 

12 the Chocolate Mountain Aerial Gunnery 

13 Range on the south and the existing 

14 Orocopia Mountains Wilderness boundary. 

15 (H) PALEN/MCCOY WILDERNESS ADDI16 TIONS.—In accordance with the Wilderness Act 

17 (16 U.S.C. 1131 et seq.), certain land adminis18 tered by the Bureau of Land Management in 

19 Riverside County, California, comprising ap20 proximately 22,645 acres, as generally depicted 

21 on the map titled ‘‘Palen-McCoy Proposed Wil22 derness Additions’’, and dated May 8, 2008, is 

23 designated as wilderness and is incorporated in, 

24 and shall be deemed to be a part of, the Palen/ 

25 McCoy Wilderness as designated by paragraph 


jbell on PROD1PC69 with BILLS
185 

•S 22 PCS

1 (47) of section 102 of Public Law 103–433 

2 (108 Stat. 4472; 16 U.S.C. 1132 note). 

3 (I) PINTO MOUNTAINS WILDERNESS.—In 

4 accordance with the Wilderness Act (16 U.S.C. 

5 1131 et seq.), certain land administered by the 

6 Bureau of Land Management in Riverside 

7 County, California, comprising approximately 

8 24,404 acres, as generally depicted on the map 

9 titled ‘‘Pinto Mountains Proposed Wilderness’’, 

10 and dated February 21, 2008, is designated as 

11 wilderness and, therefore, as a component of 

12 the National Wilderness Preservation System, 

13 which shall be known as the ‘‘Pinto Mountains 

14 Wilderness’’. 

15 (J) CHUCKWALLA MOUNTAINS WILDER16 NESS ADDITIONS.—In accordance with the Wil17 derness Act (16 U.S.C. 1131 et seq.), certain 

18 land administered by the Bureau of Land Man19 agement in Riverside County, California, com20 prising approximately 12,815 acres, as gen21 erally depicted on the map titled ‘‘Chuckwalla 

22 Mountains Proposed Wilderness Addition’’, and 

23 dated May 8, 2008, is designated as wilderness 

24 and is incorporated in, and shall be deemed to 

25 be a part of the Chuckwalla Mountains WilderVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
186 

•S 22 PCS

1 ness as designated by paragraph (12) of section 

2 102 of Public Law 103–433 (108 Stat. 4472; 

3 16 U.S.C. 1132 note). 

4 (2) MAPS AND DESCRIPTIONS.— 

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

6 after the date of the enactment of this Act, the 

7 Secretary shall file a map and legal description 

8 of each wilderness area and wilderness addition 

9 designated by this section with the Committee 

10 on Natural Resources of the House of Rep11 resentatives and the Committee on Energy and 

12 Natural Resources of the Senate. 

13 (B) FORCE OF LAW.—A map and legal de14 scription filed under subparagraph (A) shall 

15 have the same force and effect as if included in 

16 this section, except that the Secretary may cor17 rect errors in the map and legal description. 

18 (C) PUBLIC AVAILABILITY.—Each map 

19 and legal description filed under subparagraph 

20 (A) shall be filed and made available for public 

21 inspection in the appropriate office of the Sec22 retary. 

23 (3) UTILITY FACILITIES.—Nothing in this sec24 tion prohibits the construction, operation, or mainte25 nance, using standard industry practices, of existing 


jbell on PROD1PC69 with BILLS
187 

•S 22 PCS

1 utility facilities located outside of the wilderness 

2 areas and wilderness additions designated by this 

3 section. 

4 (c) JOSHUA TREE NATIONAL PARK POTENTIAL WIL5 DERNESS.— 

6 (1) DESIGNATION OF POTENTIAL WILDER7 NESS.—Certain land in the Joshua Tree National 

8 Park, comprising approximately 43,300 acres, as 

9 generally depicted on the map numbered 156/ 

10 80,055, and titled ‘‘Joshua Tree National Park Pro11 posed Wilderness Additions’’, and dated March 

12 2008, is designated potential wilderness and shall be 

13 managed by the Secretary of the Interior insofar as 

14 practicable as wilderness until such time as the land 

15 is designated as wilderness pursuant to paragraph 

16 (2). 

17 (2) DESIGNATION AS WILDERNESS.—The land 

18 designated potential wilderness by paragraph (1) 

19 shall be designated as wilderness and incorporated 

20 in, and be deemed to be a part of, the Joshua Tree 

21 Wilderness designated by section 1(g) of Public Law 

22 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note), effec23 tive upon publication by the Secretary of the Interior 

24 in the Federal Register of a notice that— 


jbell on PROD1PC69 with BILLS
188 

•S 22 PCS

1 (A) all uses of the land within the potential 

2 wilderness prohibited by the Wilderness Act (16 

3 U.S.C. 1131 et seq.) have ceased; and 

4 (B) sufficient inholdings within the bound5 aries of the potential wilderness have been ac6 quired to establish a manageable wilderness 

7 unit. 

8 (3) MAP AND DESCRIPTION.— 

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

10 after the date on which the notice required by 

11 paragraph (2) is published in the Federal Reg12 ister, the Secretary shall file a map and legal 

13 description of the land designated as wilderness 

14 and potential wilderness by this section with the 

15 Committee on Natural Resources of the House 

16 of Representatives and the Committee on En17 ergy and Natural Resources of the Senate. 

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

19 description filed under subparagraph (A) shall 

20 have the same force and effect as if included in 

21 this section, except that the Secretary may cor22 rect errors in the map and legal description. 

23 (C) PUBLIC AVAILABILITY.—Each map 

24 and legal description filed under subparagraph 

25 (A) shall be filed and made available for public 


jbell on PROD1PC69 with BILLS
189 

•S 22 PCS

1 inspection in the appropriate office of the Sec2 retary. 

3 (d) ADMINISTRATION OF WILDERNESS.— 

4 (1) MANAGEMENT.—Subject to valid existing 

5 rights, the land designated as wilderness or as a wil6 derness addition by this section shall be adminis7 tered by the Secretary in accordance with the Wil8 derness Act (16 U.S.C. 1131 et seq.), except that— 

9 (A) any reference in that Act to the effec10 tive date of that Act shall be deemed to be a 

11 reference to— 

12 (i) the date of the enactment of this 

13 Act; or 

14 (ii) in the case of the wilderness addi15 tion designated by subsection (c), the date 

16 on which the notice required by such sub17 section is published in the Federal Reg18 ister; and 

19 (B) any reference in that Act to the Sec20 retary of Agriculture shall be deemed to be a 

21 reference to the Secretary that has jurisdiction 

22 over the land. 

23 (2) INCORPORATION OF ACQUIRED LAND AND

24 INTERESTS.—Any land within the boundaries of a 

25 wilderness area or wilderness addition designated by 


jbell on PROD1PC69 with BILLS
190 

•S 22 PCS

1 this section that is acquired by the United States 

2 shall— 

3 (A) become part of the wilderness area in 

4 which the land is located; and 

5 (B) be managed in accordance with this 

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

7 seq.), and any other applicable law. 

8 (3) WITHDRAWAL.—Subject to valid rights in 

9 existence on the date of enactment of this Act, the 

10 land designated as wilderness by this section is with11 drawn from all forms of— 

12 (A) entry, appropriation, or disposal under 

13 the public land laws; 

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

15 mining laws; and 

16 (C) disposition under all laws pertaining to 

17 mineral and geothermal leasing or mineral ma18 terials. 

19 (4) FIRE MANAGEMENT AND RELATED ACTIVI20 TIES.— 

21 (A) IN GENERAL.—The Secretary may 

22 take such measures in a wilderness area or wil23 derness addition designated by this section as 

24 are necessary for the control of fire, insects, 

25 and diseases in accordance with section 4(d)(1) 


jbell on PROD1PC69 with BILLS
191 

•S 22 PCS

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

2 and House Report 98–40 of the 98th Congress. 

3 (B) FUNDING PRIORITIES.—Nothing in 

4 this section limits funding for fire and fuels 

5 management in the wilderness areas and wilder6 ness additions designated by this section. 

7 (C) REVISION AND DEVELOPMENT OF

8 LOCAL FIRE MANAGEMENT PLANS.—As soon as 

9 practicable after the date of enactment of this 

10 Act, the Secretary shall amend the local fire 

11 management plans that apply to the land des12 ignated as a wilderness area or wilderness addi13 tion by this section. 

14 (D) ADMINISTRATION.—Consistent with 

15 subparagraph (A) and other applicable Federal 

16 law, to ensure a timely and efficient response to 

17 fire emergencies in the wilderness areas and 

18 wilderness additions designated by this section, 

19 the Secretary shall— 

20 (i) not later than 1 year after the date 

21 of enactment of this Act, establish agency 

22 approval procedures (including appropriate 

23 delegations of authority to the Forest Su24 pervisor, District Manager, or other agency 


jbell on PROD1PC69 with BILLS
192 

•S 22 PCS

1 officials) for responding to fire emer2 gencies; and 

3 (ii) enter into agreements with appro4 priate State or local firefighting agencies. 

5 (5) GRAZING.—Grazing of livestock in a wilder6 ness area or wilderness addition designated by this 

7 section shall be administered in accordance with the 

8 provisions of section 4(d)(4) of the Wilderness Act 

9 (16 U.S.C. 1133(d)(4)) and the guidelines set forth 

10 in House Report 96–617 to accompany H.R. 5487 

11 of the 96th Congress. 

12 (6) NATIVE AMERICAN USES AND INTERESTS.— 

13 (A) ACCESS AND USE.—To the extent 

14 practicable, the Secretary shall ensure access to 

15 the Cahuilla Mountain Wilderness by members 

16 of an Indian tribe for traditional cultural pur17 poses. In implementing this paragraph, the Sec18 retary, upon the request of an Indian tribe, 

19 may temporarily close to the general public use 

20 of one or more specific portions of the wilder21 ness area in order to protect the privacy of tra22 ditional cultural activities in such areas by 

23 members of the Indian tribe. Any such closure 

24 shall be made to affect the smallest practicable 

25 area for the minimum period necessary for such 


jbell on PROD1PC69 with BILLS
193 

•S 22 PCS

1 purposes. Such access shall be consistent with 

2 the purpose and intent of Public Law 95–341 

3 (42 U.S.C. 1996), commonly referred to as the 

4 American Indian Religious Freedom Act, and 

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

6 (B) INDIAN TRIBE DEFINED.—In this 

7 paragraph, the term ‘‘Indian tribe’’ means any 

8 Indian tribe, band, nation, or other organized 

9 group or community of Indians which is recog10 nized as eligible by the Secretary of the Interior 

11 for the special programs and services provided 

12 by the United States to Indians because of their 

13 status as Indians. 

14 (7) MILITARY ACTIVITIES.—Nothing in this sec15 tion precludes— 

16 (A) low-level overflights of military aircraft 

17 over the wilderness areas or wilderness addi18 tions designated by this section; 

19 (B) the designation of new units of special 

20 airspace over the wilderness areas or wilderness 

21 additions designated by this section; or 

22 (C) the use or establishment of military 

23 flight training routes over wilderness areas or 

24 wilderness additions designated by this section. 


jbell on PROD1PC69 with BILLS
194 

•S 22 PCS

1 SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVER2 SIDE COUNTY, CALIFORNIA. 

3 Section 3(a) of the Wild and Scenic Rivers Act (16 

4 U.S.C. 1274(a)) (as amended by section 1805) is amended 

5 by adding at the end the following new paragraphs: 

6 ‘‘(200) NORTH FORK SAN JACINTO RIVER, CALI7 FORNIA.—The following segments of the North Fork San 

8 Jacinto River in the State of California, to be adminis9 tered by the Secretary of Agriculture: 

10 ‘‘(A) The 2.12-mile segment from the source of 

11 the North Fork San Jacinto River at Deer Springs 

12 in Mt. San Jacinto State Park to the State Park 

13 boundary, as a wild river. 

14 ‘‘(B) The 1.66-mile segment from the Mt. San 

15 Jacinto State Park boundary to the Lawler Park 

16 boundary in section 26, township 4 south, range 2 

17 east, San Bernardino meridian, as a scenic river. 

18 ‘‘(C) The 0.68-mile segment from the Lawler 

19 Park boundary to its confluence with Fuller Mill 

20 Creek, as a recreational river. 

21 ‘‘(D) The 2.15-mile segment from its confluence 

22 with Fuller Mill Creek to .25 miles upstream of the 

23 5S09 road crossing, as a wild river. 

24 ‘‘(E) The 0.6-mile segment from .25 miles up25 stream of the 5S09 road crossing to its confluence 

26 with Stone Creek, as a scenic river. 


jbell on PROD1PC69 with BILLS
195 

•S 22 PCS

1 ‘‘(F) The 2.91-mile segment from the Stone 

2 Creek confluence to the northern boundary of sec3 tion 17, township 5 south, range 2 east, San 

4 Bernardino meridian, as a wild river. 

5 ‘‘(201) FULLER MILL CREEK, CALIFORNIA.—The 

6 following segments of Fuller Mill Creek in the State of 

7 California, to be administered by the Secretary of Agri8 culture: 

9 ‘‘(A) The 1.2-mile segment from the source of 

10 Fuller Mill Creek in the San Jacinto Wilderness to 

11 the Pinewood property boundary in section 13, town12 ship 4 south, range 2 east, San Bernardino merid13 ian, as a scenic river. 

14 ‘‘(B) The 0.9-mile segment in the Pine Wood 

15 property, as a recreational river. 

16 ‘‘(C) The 1.4-mile segment from the Pinewood 

17 property boundary in section 23, township 4 south, 

18 range 2 east, San Bernardino meridian, to its con19 fluence with the North Fork San Jacinto River, as 

20 a scenic river. 

21 ‘‘(202) PALM CANYON CREEK, CALIFORNIA.—The 

22 8.1-mile segment of Palm Canyon Creek in the State of 

23 California from the southern boundary of section 6, town24 ship 7 south, range 5 east, San Bernardino meridian, to 

25 the San Bernardino National Forest boundary in section 


jbell on PROD1PC69 with BILLS
196 

•S 22 PCS

1 1, township 6 south, range 4 east, San Bernardino merid2 ian, to be administered by the Secretary of Agriculture 

3 as a wild river, and the Secretary shall enter into a cooper4 ative management agreement with the Agua Caliente 

5 Band of Cahuilla Indians to protect and enhance river val6 ues. 

7 ‘‘(203) BAUTISTA CREEK, CALIFORNIA.—The 9.8- 

8 mile segment of Bautista Creek in the State of California 

9 from the San Bernardino National Forest boundary in 

10 section 36, township 6 south, range 2 east, San 

11 Bernardino meridian, to the San Bernardino National 

12 Forest boundary in section 2, township 6 south, range 1 

13 east, San Bernardino meridian, to be administered by the 

14 Secretary of Agriculture as a recreational river.’’. 

15 SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO 

16 SANTA ROSA AND SAN JACINTO MOUNTAINS 

17 NATIONAL MONUMENT. 

18 (a) BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN

19 JACINTO MOUNTAINS NATIONAL MONUMENT.—Section 2 

20 of the Santa Rosa and San Jacinto Mountains National 

21 Monument Act of 2000 (Public Law 106–351; 114 U.S.C. 

22 1362; 16 U.S.C. 431 note) is amended by adding at the 

23 end the following new subsection: 

24 ‘‘(e) EXPANSION OF BOUNDARIES.—In addition to 

25 the land described in subsection (c), the boundaries of the 


jbell on PROD1PC69 with BILLS
197 

•S 22 PCS

1 National Monument shall include the following lands iden2 tified as additions to the National Monument on the map 

3 titled ‘Santa Rosa-San Jacinto National Monument Ex4 pansion and Santa Rosa Wilderness Addition’, and dated 

5 March 12, 2008: 

6 ‘‘(1) The ‘Santa Rosa Peak Area Monument 

7 Expansion’. 

8 ‘‘(2) The ‘Snow Creek Area Monument Expan9 sion’. 

10 ‘‘(3) The ‘Tahquitz Peak Area Monument Ex11 pansion’. 

12 ‘‘(4) The ‘Southeast Area Monument Expan13 sion’, which is designated as wilderness in section 

14 512(d), and is thus incorporated into, and shall be 

15 deemed part of, the Santa Rosa Wilderness.’’. 

16 (b) TECHNICAL AMENDMENTS TO THE SANTA ROSA

17 AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT

18 ACT OF 2000.—Section 7(d) of the Santa Rosa and San 

19 Jacinto Mountains National Monument Act of 2000 (Pub20 lic Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) 

21 is amended by striking ‘‘eight’’ and inserting ‘‘a majority 

22 of the appointed’’. 


jbell on PROD1PC69 with BILLS
198 

•S 22 PCS

1 Subtitle M—Sequoia and Kings 

2 Canyon National Parks Wilder3 ness, California 

4 SEC. 1901. DEFINITIONS. 

5 In this subtitle: 

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

7 the Secretary of the Interior. 

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

9 of California. 

10 SEC. 1902. DESIGNATION OF WILDERNESS AREAS. 

11 In accordance with the Wilderness Act (16 U.S.C. 

12 1131 et seq.), the following areas in the State are des13 ignated as wilderness areas and as components of the Na14 tional Wilderness Preservation System: 

15 (1) JOHN KREBS WILDERNESS.— 

16 (A) DESIGNATION.—Certain land in Se17 quoia and Kings Canyon National Parks, com18 prising approximately 39,740 acres of land, and 

19 130 acres of potential wilderness additions as 

20 generally depicted on the map numbered 102/ 

21 60014b, titled ‘‘John Krebs Wilderness’’, and 

22 dated September 16, 2008. 

23 (B) EFFECT.—Nothing in this paragraph 

24 affects— 


jbell on PROD1PC69 with BILLS
199 

•S 22 PCS

1 (i) the cabins in, and adjacent to, 

2 Mineral King Valley; or 

3 (ii) the private inholdings known as 

4 ‘‘Silver City’’ and ‘‘Kaweah Han’’. 

5 (C) POTENTIAL WILDERNESS ADDI6 TIONS.—The designation of the potential wil7 derness additions under subparagraph (A) shall 

8 not prohibit the operation, maintenance, and re9 pair of the small check dams and water im10 poundments on Lower Franklin Lake, Crystal 

11 Lake, Upper Monarch Lake, and Eagle Lake. 

12 The Secretary is authorized to allow the use of 

13 helicopters for the operation, maintenance, and 

14 repair of the small check dams and water im15 poundments on Lower Franklin Lake, Crystal 

16 Lake, Upper Monarch Lake, and Eagle Lake. 

17 The potential wilderness additions shall be des18 ignated as wilderness and incorporated into the 

19 John Krebs Wilderness established by this sec20 tion upon termination of the non-conforming 

21 uses. 

22 (2) SEQUOIA-KINGS CANYON WILDERNESS AD23 DITION.—Certain land in Sequoia and Kings Canyon 

24 National Parks, California, comprising approxi25 mately 45,186 acres as generally depicted on the 


jbell on PROD1PC69 with BILLS
200 

•S 22 PCS

1 map titled ‘‘Sequoia-Kings Canyon Wilderness Addi2 tion’’, numbered 102/60015a, and dated March 10, 

3 2008, is incorporated in, and shall be considered to 

4 be a part of, the Sequoia-Kings Canyon Wilderness. 

5 (3) RECOMMENDED WILDERNESS.—Land in Se6 quoia and Kings Canyon National Parks that was 

7 managed as of the date of enactment of this Act as 

8 recommended or proposed wilderness but not des9 ignated by this section as wilderness shall continue 

10 to be managed as recommended or proposed wilder11 ness, as appropriate. 

12 SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS. 

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

14 each area designated as wilderness by this subtitle shall 

15 be administered by the Secretary in accordance with the 

16 Wilderness Act (16 U.S.C. 1131 et seq.), except that any 

17 reference in the Wilderness Act to the effective date of 

18 the Wilderness Act shall be considered to be a reference 

19 to the date of enactment of this Act. 

20 (b) MAP AND LEGAL DESCRIPTION.— 

21 (1) SUBMISSION OF MAP AND LEGAL DESCRIP22 TION.—As soon as practicable, but not later than 3 

23 years, after the date of enactment of this Act, the 

24 Secretary shall file a map and legal description of 


jbell on PROD1PC69 with BILLS
201 

•S 22 PCS

1 each area designated as wilderness by this subtitle 

2 with— 

3 (A) the Committee on Energy and Natural 

4 Resources of the Senate; and 

5 (B) the Committee on Natural Resources 

6 of the House of Representatives. 

7 (2) FORCE AND EFFECT.—The map and legal 

8 description filed under paragraph (1) shall have the 

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

10 except that the Secretary may correct any clerical or 

11 typographical error in the map or legal description. 

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

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

14 and available for public inspection in the Office of 

15 the Secretary. 

16 (c) HYDROLOGIC, METEOROLOGIC, AND CLIMATO17 LOGICAL DEVICES, FACILITIES, AND ASSOCIATED EQUIP18 MENT.—The Secretary shall continue to manage mainte19 nance and access to hydrologic, meteorologic, and climato20 logical devices, facilities and associated equipment con21 sistent with House Report 98–40. 

22 (d) AUTHORIZED ACTIVITIES OUTSIDE WILDER23 NESS.—Nothing in this subtitle precludes authorized ac24 tivities conducted outside of an area designated as wilder25 ness by this subtitle by cabin owners (or designees) in the 


jbell on PROD1PC69 with BILLS
202 

•S 22 PCS

1 Mineral King Valley area or property owners or lessees 

2 (or designees) in the Silver City inholding, as identified 

3 on the map described in section 1902(1)(A). 

4 (e) HORSEBACK RIDING.—Nothing in this subtitle 

5 precludes horseback riding in, or the entry of recreational 

6 or commercial saddle or pack stock into, an area des7 ignated as wilderness by this subtitle— 

8 (1) in accordance with section 4(d)(5) of the 

9 Wilderness Act (16 U.S.C. 1133(d)(5)); and 

10 (2) subject to any terms and conditions deter11 mined to be necessary by the Secretary. 

12 SEC. 1904. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums 

14 as are necessary to carry out this subtitle. 

15 Subtitle N—Rocky Mountain Na16 tional Park Wilderness, Colo17 rado 

18 SEC. 1951. DEFINITIONS. 

19 In this subtitle: 

20 (1) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Rocky Mountain National Park Wilderness 

22 Act of 2007’’ and dated September 2006. 

23 (2) PARK.—The term ‘‘Park’’ means Rocky 

24 Mountain National Park located in the State of Col25 orado. 


jbell on PROD1PC69 with BILLS
203 

•S 22 PCS

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

2 the Secretary of the Interior. 

3 (4) TRAIL.—The term ‘‘Trail’’ means the East 

4 Shore Trail established under section 1954(a). 

5 (5) WILDERNESS.—The term ‘‘Wilderness’’ 

6 means the wilderness designated by section 1952(a). 

7 SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDER8 NESS, COLORADO. 

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

10 the Wilderness Act (16 U.S.C. 1131 et seq.), there is des11 ignated as wilderness and as a component of the National 

12 Wilderness Preservation System approximately 249,339 

13 acres of land in the Park, as generally depicted on the 

14 map. 

15 (b) MAP AND BOUNDARY DESCRIPTION.— 

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

17 the date of enactment of this Act, the Secretary 

18 shall— 

19 (A) prepare a map and boundary descrip20 tion of the Wilderness; and 

21 (B) submit the map and boundary descrip22 tion prepared under subparagraph (A) to the 

23 Committee on Energy and Natural Resources of 

24 the Senate and the Committee on Natural Re25 sources of the House of Representatives. 


jbell on PROD1PC69 with BILLS
204 

•S 22 PCS

1 (2) AVAILABILITY; FORCE OF LAW.—The map 

2 and boundary description submitted under para3 graph (1)(B) shall— 

4 (A) be on file and available for public in5 spection in appropriate offices of the National 

6 Park Service; and 

7 (B) have the same force and effect as if in8 cluded in this subtitle. 

9 (c) INCLUSION OF POTENTIAL WILDERNESS.— 

10 (1) IN GENERAL.—On publication in the Fed11 eral Register of a notice by the Secretary that all 

12 uses inconsistent with the Wilderness Act (16 U.S.C. 

13 1131 et seq.) have ceased on the land identified on 

14 the map as a ‘‘Potential Wilderness Area’’, the land 

15 shall be— 

16 (A) included in the Wilderness; and 

17 (B) administered in accordance with sub18 section (e). 

19 (2) BOUNDARY DESCRIPTION.—On inclusion in 

20 the Wilderness of the land referred to in paragraph 

21 (1), the Secretary shall modify the map and bound22 ary description submitted under subsection (b) to re23 flect the inclusion of the land. 

24 (d) EXCLUSION OF CERTAIN LAND.—The following 

25 areas are specifically excluded from the Wilderness: 


jbell on PROD1PC69 with BILLS
205 

•S 22 PCS

1 (1) The Grand River Ditch (including the main 

2 canal of the Grand River Ditch and a branch of the 

3 main canal known as the Specimen Ditch), the 

4 right-of-way for the Grand River Ditch, land 200 

5 feet on each side of the center line of the Grand 

6 River Ditch, and any associated appurtenances, 

7 structures, buildings, camps, and work sites in exist8 ence as of June 1, 1998. 

9 (2) Land owned by the St. Vrain & Left Hand 

10 Water Conservancy District, including Copeland 

11 Reservoir and the Inlet Ditch to the Reservoir from 

12 North St. Vrain Creek, comprising approximately 

13 35.38 acres. 

14 (3) Land owned by the Wincenstsen-Harms 

15 Trust, comprising approximately 2.75 acres. 

16 (4) Land within the area depicted on the map 

17 as the ‘‘East Shore Trail Area’’. 

18 (e) ADMINISTRATION.—Subject to valid existing 

19 rights, any land designated as wilderness under this sec20 tion or added to the Wilderness after the date of enact21 ment of this Act under subsection (c) shall be adminis22 tered by the Secretary in accordance with this subtitle and 

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

24 that— 


jbell on PROD1PC69 with BILLS
206 

•S 22 PCS

1 (1) any reference in the Wilderness Act (16 

2 U.S.C. 1131 et seq.) to the effective date of that Act 

3 shall be considered to be a reference to the date of 

4 enactment of this Act, or the date on which the ad5 ditional land is added to the Wilderness, respec6 tively; and 

7 (2) any reference in the Wilderness Act (16 

8 U.S.C. 1131 et seq.) to the Secretary of Agriculture 

9 shall be considered to be a reference to the Sec10 retary. 

11 (f) WATER RIGHTS.— 

12 (1) FINDINGS.—Congress finds that— 

13 (A) the United States has existing rights 

14 to water within the Park; 

15 (B) the existing water rights are sufficient 

16 for the purposes of the Wilderness; and 

17 (C) based on the findings described in sub18 paragraphs (A) and (B), there is no need for 

19 the United States to reserve or appropriate any 

20 additional water rights to fulfill the purposes of 

21 the Wilderness. 

22 (2) EFFECT.—Nothing in this subtitle— 

23 (A) constitutes an express or implied res24 ervation by the United States of water or water 

25 rights for any purpose; or 


jbell on PROD1PC69 with BILLS
207 

•S 22 PCS

1 (B) modifies or otherwise affects any exist2 ing water rights held by the United States for 

3 the Park. 

4 (g) FIRE, INSECT, AND DISEASE CONTROL.—The 

5 Secretary may take such measures in the Wilderness as 

6 are necessary to control fire, insects, and diseases, as are 

7 provided for in accordance with— 

8 (1) the laws applicable to the Park; and 

9 (2) the Wilderness Act (16 U.S.C. 1131 et 

10 seq.). 

11 SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG 

12 THOMPSON PROJECTS. 

13 (a) CONDITIONAL WAIVER OF STRICT LIABILITY.— 

14 During any period in which the Water Supply and Storage 

15 Company (or any successor in interest to the company 

16 with respect to the Grand River Ditch) operates and main17 tains the portion of the Grand River Ditch in the Park 

18 in compliance with an operations and maintenance agree19 ment between the Water Supply and Storage Company 

20 and the National Park Service, the provisions of para21 graph (6) of the stipulation approved June 28, 1907— 

22 (1) shall be suspended; and 

23 (2) shall not be enforceable against the Com24 pany (or any successor in interest). 


jbell on PROD1PC69 with BILLS
208 

•S 22 PCS

1 (b) AGREEMENT.—The agreement referred to in sub2 section (a) shall— 

3 (1) ensure that— 

4 (A) Park resources are managed in accord5 ance with the laws generally applicable to the 

6 Park, including— 

7 (i) the Act of January 26, 1915 (16 

8 U.S.C. 191 et seq.); and 

9 (ii) the National Park Service Organic 

10 Act (16 U.S.C. 1 et seq.); 

11 (B) Park land outside the right-of-way cor12 ridor remains unimpaired consistent with the 

13 National Park Service management policies in 

14 effect as of the date of enactment of this Act; 

15 and 

16 (C) any use of Park land outside the right17 of-way corridor (as of the date of enactment of 

18 this Act) shall be permitted only on a tem19 porary basis, subject to such terms and condi20 tions as the Secretary determines to be nec21 essary; and 

22 (2) include stipulations with respect to— 

23 (A) flow monitoring and early warning 

24 measures; 

25 (B) annual and periodic inspections; 


jbell on PROD1PC69 with BILLS
209 

•S 22 PCS

1 (C) an annual maintenance plan; 

2 (D) measures to identify on an annual 

3 basis capital improvement needs; and 

4 (E) the development of plans to address 

5 the needs identified under subparagraph (D). 

6 (c) LIMITATION.—Nothing in this section limits or 

7 otherwise affects— 

8 (1) the liability of any individual or entity for 

9 damages to, loss of, or injury to any resource within 

10 the Park resulting from any cause or event that oc11 curred before the date of enactment of this Act; or 

12 (2) Public Law 101–337 (16 U.S.C. 19jj et 

13 seq.), including the defenses available under that Act 

14 for damage caused— 

15 (A) solely by— 

16 (i) an act of God; 

17 (ii) an act of war; or 

18 (iii) an act or omission of a third 

19 party (other than an employee or agent); 

20 or 

21 (B) by an activity authorized by Federal or 

22 State law. 

23 (d) COLORADO-BIG THOMPSON PROJECT AND

24 WINDY GAP PROJECT.— 


jbell on PROD1PC69 with BILLS
210 

•S 22 PCS

1 (1) IN GENERAL.—Nothing in this subtitle, in2 cluding the designation of the Wilderness, prohibits 

3 or affects current and future operation and mainte4 nance activities in, under, or affecting the Wilder5 ness that were allowed as of the date of enactment 

6 of this Act under the Act of January 26, 1915 (16 

7 U.S.C. 191), relating to the Alva B. Adams Tunnel 

8 or other Colorado–Big Thompson Project facilities 

9 located within the Park. 

10 (2) ALVA B. ADAMS TUNNEL.—Nothing in this 

11 subtitle, including the designation of the Wilderness, 

12 prohibits or restricts the conveyance of water 

13 through the Alva B. Adams Tunnel for any purpose. 

14 (e) RIGHT-OF-WAY.—Notwithstanding the Act of 

15 March 3, 1891 (43 U.S.C. 946) and the Act of May 11, 

16 1898 (43 U.S.C. 951), the right of way for the Grand 

17 River Ditch shall not be terminated, forfeited, or otherwise 

18 affected as a result of the water transported by the Grand 

19 River Ditch being used primarily for domestic purposes 

20 or any purpose of a public nature, unless the Secretary 

21 determines that the change in the main purpose or use 

22 adversely affects the Park. 

23 (f) NEW RECLAMATION PROJECTS.—Nothing in the 

24 first section of the Act of January 26, 1915 (16 U.S.C. 

25 191), shall be construed to allow development in the WilVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
211 

•S 22 PCS

1 derness of any reclamation project not in existence as of 

2 the date of enactment of this Act. 

3 (g) CLARIFICATION OF MANAGEMENT AUTHORITY.— 

4 Nothing in this section reduces or limits the authority of 

5 the Secretary to manage land and resources within the 

6 Park under applicable law. 

7 SEC. 1954. EAST SHORE TRAIL AREA. 

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

9 date of enactment of this Act, the Secretary shall establish 

10 within the East Shore Trail Area in the Park an align11 ment line for a trail, to be known as the ‘‘East Shore 

12 Trail’’, to maximize the opportunity for sustained use of 

13 the Trail without causing— 

14 (1) harm to affected resources; or 

15 (2) conflicts among users. 

16 (b) BOUNDARIES.— 

17 (1) IN GENERAL.—After establishing the align18 ment line for the Trail under subsection (a), the 

19 Secretary shall— 

20 (A) identify the boundaries of the Trail, 

21 which shall not extend more than 25 feet east 

22 of the alignment line or be located within the 

23 Wilderness; and 

24 (B) modify the map of the Wilderness pre25 pared under section 1952(b)(1)(A) so that the 


jbell on PROD1PC69 with BILLS
212 

•S 22 PCS

1 western boundary of the Wilderness is 50 feet 

2 east of the alignment line. 

3 (2) ADJUSTMENTS.—To the extent necessary to 

4 protect Park resources, the Secretary may adjust the 

5 boundaries of the Trail, if the adjustment does not 

6 place any portion of the Trail within the boundary 

7 of the Wilderness. 

8 (c) INCLUSION IN WILDERNESS.—On completion of 

9 the construction of the Trail, as authorized by the Sec10 retary— 

11 (1) any portion of the East Shore Trail Area 

12 that is not traversed by the Trail, that is not west 

13 of the Trail, and that is not within 50 feet of the 

14 centerline of the Trail shall be— 

15 (A) included in the Wilderness; and 

16 (B) managed as part of the Wilderness in 

17 accordance with section 1952; and 

18 (2) the Secretary shall modify the map and 

19 boundary description of the Wilderness prepared 

20 under section 1952(b)(1)(A) to reflect the inclusion 

21 of the East Shore Trail Area land in the Wilderness. 

22 (d) EFFECT.—Nothing in this section— 

23 (1) requires the construction of the Trail along 

24 the alignment line established under subsection (a); 

25 or 


jbell on PROD1PC69 with BILLS
213 

•S 22 PCS

1 (2) limits the extent to which any otherwise ap2 plicable law or policy applies to any decision with re3 spect to the construction of the Trail. 

4 (e) RELATION TO LAND OUTSIDE WILDERNESS.— 

5 (1) IN GENERAL.—Except as provided in this 

6 subsection, nothing in this subtitle affects the man7 agement or use of any land not included within the 

8 boundaries of the Wilderness or the potential wilder9 ness land. 

10 (2) MOTORIZED VEHICLES AND MACHINERY.— 

11 No use of motorized vehicles or other motorized ma12 chinery that was not permitted on March 1, 2006, 

13 shall be allowed in the East Shore Trail Area except 

14 as the Secretary determines to be necessary for use 

15 in— 

16 (A) constructing the Trail, if the construc17 tion is authorized by the Secretary; or 

18 (B) maintaining the Trail. 

19 (3) MANAGEMENT OF LAND BEFORE INCLU20 SION.—Until the Secretary authorizes the construc21 tion of the Trail and the use of the Trail for non22 motorized bicycles, the East Shore Trail Area shall 

23 be managed— 

24 (A) to protect any wilderness characteris25 tics of the East Shore Trail Area; and 


jbell on PROD1PC69 with BILLS
214 

•S 22 PCS

1 (B) to maintain the suitability of the East 

2 Shore Trail Area for inclusion in the Wilder3 ness. 

4 SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUST5 MENTS. 

6 (a) INDIAN PEAKS WILDERNESS BOUNDARY AD7 JUSTMENT.—Section 3(a) of the Indian Peaks Wilderness 

8 Area, the Arapaho National Recreation Area and the Or9 egon Islands Wilderness Area Act (16 U.S.C. 1132 note; 

10 Public Law 95–450) is amended— 

11 (1) by striking ‘‘seventy thousand acres’’ and 

12 inserting ‘‘74,195 acres’’; and 

13 (2) by striking ‘‘, dated July 1978’’ and insert14 ing ‘‘and dated May 2007’’. 

15 (b) ARAPAHO NATIONAL RECREATION AREA BOUND16 ARY ADJUSTMENT.—Section 4(a) of the Indian Peaks 

17 Wilderness Area, the Arapaho National Recreation Area 

18 and the Oregon Islands Wilderness Area Act (16 U.S.C. 

19 460jj(a)) is amended— 

20 (1) by striking ‘‘thirty-six thousand two hun21 dred thirty-five acres’’ and inserting ‘‘35,235 acres’’; 

22 and 

23 (2) by striking ‘‘, dated July 1978’’ and insert24 ing ‘‘and dated May 2007’’. 


jbell on PROD1PC69 with BILLS
215 

•S 22 PCS

1 SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT. 

2 (a) IN GENERAL.—Section 3(k) of Public Law 91– 

3 383 (16 U.S.C. 1a–2(k)) shall apply to the parcel of land 

4 described in subsection (b). 

5 (b) DESCRIPTION OF THE LAND.—The parcel of land 

6 referred to in subsection (a) is the parcel of land known 

7 as the ‘‘Leiffer tract’’ that is— 

8 (1) located near the eastern boundary of the 

9 Park in Larimer County, Colorado; and 

10 (2) administered by the National Park Service. 

11 Subtitle O—Washington County, 

12 Utah 

13 SEC. 1971. DEFINITIONS. 

14 In this subtitle: 

15 (1) BEAVER DAM WASH NATIONAL CONSERVA16 TION AREA MAP.—The term ‘‘Beaver Dam Wash 

17 National Conservation Area Map’’ means the map 

18 entitled ‘‘Beaver Dam Wash National Conservation 

19 Area’’ and dated December 18, 2008. 

20 (2) CANAAN MOUNTAIN WILDERNESS MAP.— 

21 The term ‘‘Canaan Mountain Wilderness Map’’ 

22 means the map entitled ‘‘Canaan Mountain Wilder23 ness’’ and dated June 21, 2008. 

24 (3) COUNTY.—The term ‘‘County’’ means 

25 Washington County, Utah. 


jbell on PROD1PC69 with BILLS
216 

•S 22 PCS

1 (4) NORTHEASTERN WASHINGTON COUNTY

2 WILDERNESS MAP.—The term ‘‘Northeastern Wash3 ington County Wilderness Map’’ means the map en4 titled ‘‘Northeastern Washington County Wilder5 ness’’ and dated November 12, 2008. 

6 (5) NORTHWESTERN WASHINGTON COUNTY

7 WILDERNESS MAP.—The term ‘‘Northwestern Wash8 ington County Wilderness Map’’ means the map en9 titled ‘‘Northwestern Washington County Wilder10 ness’’ and dated June 21, 2008. 

11 (6) RED CLIFFS NATIONAL CONSERVATION

12 AREA MAP.—The term ‘‘Red Cliffs National Con13 servation Area Map’’ means the map entitled ‘‘Red 

14 Cliffs National Conservation Area’’ and dated No15 vember 12, 2008. 

16 (7) SECRETARY.—The term ‘‘Secretary’’ 

17 means— 

18 (A) with respect to land under the jurisdic19 tion of the Secretary of Agriculture, the Sec20 retary of Agriculture; and 

21 (B) with respect to land under the jurisdic22 tion of the Secretary of the Interior, the Sec23 retary of the Interior. 

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

25 of Utah. 


jbell on PROD1PC69 with BILLS
217 

•S 22 PCS

1 (9) WASHINGTON COUNTY GROWTH AND CON2 SERVATION ACT MAP.—The term ‘‘Washington 

3 County Growth and Conservation Act Map’’ means 

4 the map entitled ‘‘Washington County Growth and 

5 Conservation Act Map’’ and dated November 13, 

6 2008. 

7 SEC. 1972. WILDERNESS AREAS. 

8 (a) ADDITIONS TO NATIONAL WILDERNESS PRESER9 VATION SYSTEM.— 

10 (1) ADDITIONS.—Subject to valid existing 

11 rights, the following land in the State is designated 

12 as wilderness and as components of the National 

13 Wilderness Preservation System: 

14 (A) BEARTRAP CANYON.—Certain Federal 

15 land managed by the Bureau of Land Manage16 ment, comprising approximately 40 acres, as 

17 generally depicted on the Northeastern Wash18 ington County Wilderness Map, which shall be 

19 known as the ‘‘Beartrap Canyon Wilderness’’. 

20 (B) BLACKRIDGE.—Certain Federal land 

21 managed by the Bureau of Land Management, 

22 comprising approximately 13,015 acres, as gen23 erally depicted on the Northeastern Washington 

24 County Wilderness Map, which shall be known 

25 as the ‘‘Blackridge Wilderness’’. 


jbell on PROD1PC69 with BILLS
218 

•S 22 PCS

1 (C) CANAAN MOUNTAIN.—Certain Federal 

2 land in the County managed by the Bureau of 

3 Land Management, comprising approximately 

4 44,531 acres, as generally depicted on the 

5 Canaan Mountain Wilderness Map, which shall 

6 be known as the ‘‘Canaan Mountain Wilder7 ness’’. 

8 (D) COTTONWOOD CANYON.—Certain Fed9 eral land managed by the Bureau of Land Man10 agement, comprising approximately 11,712 

11 acres, as generally depicted on the Red Cliffs 

12 National Conservation Area Map, which shall 

13 be known as the ‘‘Cottonwood Canyon Wilder14 ness’’. 

15 (E) COTTONWOOD FOREST.—Certain Fed16 eral land managed by the Forest Service, com17 prising approximately 2,643 acres, as generally 

18 depicted on the Red Cliffs National Conserva19 tion Area Map, which shall be known as the 

20 ‘‘Cottonwood Forest Wilderness’’. 

21 (F) COUGAR CANYON.—Certain Federal 

22 land managed by the Bureau of Land Manage23 ment, comprising approximately 10,409 acres, 

24 as generally depicted on the Northwestern 

25 Washington County Wilderness Map, which 


jbell on PROD1PC69 with BILLS
219 

•S 22 PCS

1 shall be known as the ‘‘Cougar Canyon Wilder2 ness’’. 

3 (G) DEEP CREEK.—Certain Federal land 

4 managed by the Bureau of Land Management, 

5 comprising approximately 3,284 acres, as gen6 erally depicted on the Northeastern Washington 

7 County Wilderness Map, which shall be known 

8 as the ‘‘Deep Creek Wilderness’’. 

9 (H) DEEP CREEK NORTH.—Certain Fed10 eral land managed by the Bureau of Land Man11 agement, comprising approximately 4,262 acres, 

12 as generally depicted on the Northeastern 

13 Washington County Wilderness Map, which 

14 shall be known as the ‘‘Deep Creek North Wil15 derness’’. 

16 (I) DOC’S PASS.—Certain Federal land 

17 managed by the Bureau of Land Management, 

18 comprising approximately 17,294 acres, as gen19 erally depicted on the Northwestern Wash20 ington County Wilderness Map, which shall be 

21 known as the ‘‘Doc’s Pass Wilderness’’. 

22 (J) GOOSE CREEK.—Certain Federal land 

23 managed by the Bureau of Land Management, 

24 comprising approximately 98 acres, as generally 

25 depicted on the Northeastern Washington 


jbell on PROD1PC69 with BILLS
220 

•S 22 PCS

1 County Wilderness Map, which shall be known 

2 as the ‘‘Goose Creek Wilderness’’. 

3 (K) LAVERKIN CREEK.—Certain Federal 

4 land managed by the Bureau of Land Manage5 ment, comprising approximately 445 acres, as 

6 generally depicted on the Northeastern Wash7 ington County Wilderness Map, which shall be 

8 known as the ‘‘LaVerkin Creek Wilderness’’. 

9 (L) RED BUTTE.—Certain Federal land 

10 managed by the Bureau of Land Management, 

11 comprising approximately 1,537 acres, as gen12 erally depicted on the Northeastern Washington 

13 County Wilderness Map, which shall be known 

14 as the ‘‘Red Butte Wilderness’’. 

15 (M) RED MOUNTAIN.—Certain Federal 

16 land managed by the Bureau of Land Manage17 ment, comprising approximately 18,729 acres, 

18 as generally depicted on the Red Cliffs National 

19 Conservation Area Map, which shall be known 

20 as the ‘‘Red Mountain Wilderness’’. 

21 (N) SLAUGHTER CREEK.—Certain Federal 

22 land managed by the Bureau of Land Manage23 ment, comprising approximately 3,901 acres, as 

24 generally depicted on the Northwestern WashVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
221 

•S 22 PCS

1 ington County Wilderness Map, which shall be 

2 known as the ‘‘Slaughter Creek Wilderness’’. 

3 (O) TAYLOR CREEK.—Certain Federal 

4 land managed by the Bureau of Land Manage5 ment, comprising approximately 32 acres, as 

6 generally depicted on the Northeastern Wash7 ington County Wilderness Map, which shall be 

8 known as the ‘‘Taylor Creek Wilderness’’. 

9 (2) MAPS AND LEGAL DESCRIPTIONS.— 

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

11 after the date of enactment of this Act, the Sec12 retary shall submit to the Committee on Energy 

13 and Natural Resources of the Senate and the 

14 Committee on Natural Resources of the House 

15 of Representatives a map and legal description 

16 of each wilderness area designated by para17 graph (1). 

18 (B) FORCE AND EFFECT.—Each map and 

19 legal description submitted under subparagraph 

20 (A) shall have the same force and effect as if 

21 included in this subtitle, except that the Sec22 retary may correct any clerical or typographical 

23 errors in the map or legal description. 


jbell on PROD1PC69 with BILLS
222 

•S 22 PCS

1 (C) AVAILABILITY.—Each map and legal 

2 description submitted under subparagraph (A) 

3 shall be available in the appropriate offices of— 

4 (i) the Bureau of Land Management; 

5 and 

6 (ii) the Forest Service. 

7 (b) ADMINISTRATION OF WILDERNESS AREAS.— 

8 (1) MANAGEMENT.—Subject to valid existing 

9 rights, each area designated as wilderness by sub10 section (a)(1) shall be administered by the Secretary 

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

12 1131 et seq.), except that— 

13 (A) any reference in the Wilderness Act to 

14 the effective date of that Act shall be consid15 ered to be a reference to the date of enactment 

16 of this Act; and 

17 (B) any reference in the Wilderness Act to 

18 the Secretary of Agriculture shall be considered 

19 to be a reference to the Secretary that has ju20 risdiction over the land. 

21 (2) LIVESTOCK.—The grazing of livestock in 

22 each area designated as wilderness by subsection 

23 (a)(1), where established before the date of enact24 ment of this Act, shall be permitted to continue— 


jbell on PROD1PC69 with BILLS
223 

•S 22 PCS

1 (A) subject to such reasonable regulations, 

2 policies, and practices that the Secretary con3 siders necessary; and 

4 (B) in accordance with— 

5 (i) section 4(d)(4) of the Wilderness 

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

7 (ii) the guidelines set forth in Appen8 dix A of the report of the Committee on 

9 Interior and Insular Affairs of the House 

10 of Representatives accompanying H.R. 

11 2570 of the 101st Congress (H.Rep. 101– 

12 405) and H.R. 5487 of the 96th Congress 

13 (H. Rept. 96–617). 

14 (3) WILDFIRE, INSECT, AND DISEASE MANAGE15 MENT.—In accordance with section 4(d)(1) of the 

16 Wilderness Act (16 U.S.C. 1133(d)(1)), the Sec17 retary may take such measures in each area des18 ignated as wilderness by subsection (a)(1) as the 

19 Secretary determines to be necessary for the control 

20 of fire, insects, and diseases (including, as the Sec21 retary determines to be appropriate, the coordination 

22 of those activities with a State or local agency). 

23 (4) BUFFER ZONES.— 

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

25 creates a protective perimeter or buffer zone 


jbell on PROD1PC69 with BILLS
224 

•S 22 PCS

1 around any area designated as wilderness by 

2 subsection (a)(1). 

3 (B) ACTIVITIES OUTSIDE WILDERNESS.— 

4 The fact that an activity or use on land outside 

5 any area designated as wilderness by subsection 

6 (a)(1) can be seen or heard within the wilder7 ness shall not preclude the activity or use out8 side the boundary of the wilderness. 

9 (5) MILITARY OVERFLIGHTS.—Nothing in this 

10 section restricts or precludes— 

11 (A) low-level overflights of military aircraft 

12 over any area designated as wilderness by sub13 section (a)(1), including military overflights 

14 that can be seen or heard within any wilderness 

15 area; 

16 (B) flight testing and evaluation; or 

17 (C) the designation or creation of new 

18 units of special use airspace, or the establish19 ment of military flight training routes over any 

20 wilderness area. 

21 (6) ACQUISITION AND INCORPORATION OF LAND

22 AND INTERESTS IN LAND.— 

23 (A) ACQUISITION AUTHORITY.—In accord24 ance with applicable laws (including regula25 tions), the Secretary may acquire any land or 


jbell on PROD1PC69 with BILLS
225 

•S 22 PCS

1 interest in land within the boundaries of the 

2 wilderness areas designated by subsection (a)(1) 

3 by purchase from willing sellers, donation, or 

4 exchange. 

5 (B) INCORPORATION.—Any land or inter6 est in land acquired by the Secretary under 

7 subparagraph (A) shall be incorporated into, 

8 and administered as a part of, the wilderness 

9 area in which the land or interest in land is lo10 cated. 

11 (7) NATIVE AMERICAN CULTURAL AND RELI12 GIOUS USES.—Nothing in this section diminishes— 

13 (A) the rights of any Indian tribe; or 

14 (B) any tribal rights regarding access to 

15 Federal land for tribal activities, including spir16 itual, cultural, and traditional food-gathering 

17 activities. 

18 (8) CLIMATOLOGICAL DATA COLLECTION.—In 

19 accordance with the Wilderness Act (16 U.S.C. 1131 

20 et seq.) and subject to such terms and conditions as 

21 the Secretary may prescribe, the Secretary may au22 thorize the installation and maintenance of hydro23 logic, meteorologic, or climatological collection de24 vices in the wilderness areas designated by sub25 section (a)(1) if the Secretary determines that the 


jbell on PROD1PC69 with BILLS
226 

•S 22 PCS

1 facilities and access to the facilities are essential to 

2 flood warning, flood control, or water reservoir oper3 ation activities. 

4 (9) WATER RIGHTS.— 

5 (A) STATUTORY CONSTRUCTION.—Nothing 

6 in this section— 

7 (i) shall constitute or be construed to 

8 constitute either an express or implied res9 ervation by the United States of any water 

10 or water rights with respect to the land 

11 designated as wilderness by subsection 

12 (a)(1); 

13 (ii) shall affect any water rights in the 

14 State existing on the date of enactment of 

15 this Act, including any water rights held 

16 by the United States; 

17 (iii) shall be construed as establishing 

18 a precedent with regard to any future wil19 derness designations; 

20 (iv) shall affect the interpretation of, 

21 or any designation made pursuant to, any 

22 other Act; or 

23 (v) shall be construed as limiting, al24 tering, modifying, or amending any of the 

25 interstate compacts or equitable apportionVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
227 

•S 22 PCS

1 ment decrees that apportion water among 

2 and between the State and other States. 

3 (B) STATE WATER LAW.—The Secretary 

4 shall follow the procedural and substantive re5 quirements of the law of the State in order to 

6 obtain and hold any water rights not in exist7 ence on the date of enactment of this Act with 

8 respect to the wilderness areas designated by 

9 subsection (a)(1). 

10 (10) FISH AND WILDLIFE.— 

11 (A) JURISDICTION OF STATE.—Nothing in 

12 this section affects the jurisdiction of the State 

13 with respect to fish and wildlife on public land 

14 located in the State. 

15 (B) AUTHORITY OF SECRETARY.—In fur16 therance of the purposes and principles of the 

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

18 Secretary may carry out management activities 

19 to maintain or restore fish and wildlife popu20 lations (including activities to maintain and re21 store fish and wildlife habitats to support the 

22 populations) in any wilderness area designated 

23 by subsection (a)(1) if the activities are— 

24 (i) consistent with applicable wilder25 ness management plans; and 


jbell on PROD1PC69 with BILLS
228 

•S 22 PCS

1 (ii) carried out in accordance with— 

2 (I) the Wilderness Act (16 

3 U.S.C. 1131 et seq.); and 

4 (II) applicable guidelines and 

5 policies, including applicable policies 

6 described in Appendix B of House Re7 port 101–405. 

8 (11) WILDLIFE WATER DEVELOPMENT

9 PROJECTS.—Subject to paragraph (12), the Sec10 retary may authorize structures and facilities, in11 cluding existing structures and facilities, for wildlife 

12 water development projects, including guzzlers, in 

13 the wilderness areas designated by subsection (a)(1) 

14 if— 

15 (A) the structures and facilities will, as de16 termined by the Secretary, enhance wilderness 

17 values by promoting healthy, viable, and more 

18 naturally distributed wildlife populations; and 

19 (B) the visual impacts of the structures 

20 and facilities on the wilderness areas can rea21 sonably be minimized. 

22 (12) COOPERATIVE AGREEMENT.—Not later 

23 than 1 year after the date of enactment of this Act, 

24 the Secretary shall enter into a cooperative agree25 ment with the State that specifies the terms and 


jbell on PROD1PC69 with BILLS
229 

•S 22 PCS

1 conditions under which wildlife management activi2 ties in the wilderness areas designated by subsection 

3 (a)(1) may be carried out. 

4 (c) RELEASE OF WILDERNESS STUDY AREAS.— 

5 (1) FINDING.—Congress finds that, for the pur6 poses of section 603 of the Federal Land Policy and 

7 Management Act of 1976 (43 U.S.C. 1782), the 

8 public land in the County administered by the Bu9 reau of Land Management has been adequately 

10 studied for wilderness designation. 

11 (2) RELEASE.—Any public land described in 

12 paragraph (1) that is not designated as wilderness 

13 by subsection (a)(1)— 

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

15 of the Federal Land Policy and Management 

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

17 (B) shall be managed in accordance with 

18 applicable law and the land management plans 

19 adopted under section 202 of that Act (43 

20 U.S.C. 1712). 

21 (d) TRANSFER OF ADMINISTRATIVE JURISDICTION

22 TO NATIONAL PARK SERVICE.—Administrative jurisdic23 tion over the land identified as the Watchman Wilderness 

24 on the Northeastern Washington County Wilderness Map 

25 is hereby transferred to the National Park Service, to be 


jbell on PROD1PC69 with BILLS
230 

•S 22 PCS

1 included in, and administered as part of Zion National 

2 Park. 

3 SEC. 1973. ZION NATIONAL PARK WILDERNESS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

6 means certain Federal land— 

7 (A) that is— 

8 (i) located in the County and Iron 

9 County, Utah; and 

10 (ii) managed by the National Park 

11 Service; 

12 (B) consisting of approximately 124,406 

13 acres; and 

14 (C) as generally depicted on the Zion Na15 tional Park Wilderness Map and the area added 

16 to the park under section 1972(d). 

17 (2) WILDERNESS AREA.—The term ‘‘Wilderness 

18 Area’’ means the Zion Wilderness designated by sub19 section (b)(1). 

20 (3) ZION NATIONAL PARK WILDERNESS MAP.— 

21 The term ‘‘Zion National Park Wilderness Map’’ 

22 means the map entitled ‘‘Zion National Park Wilder23 ness’’ and dated April 2008. 

24 (b) ZION NATIONAL PARK WILDERNESS.— 


jbell on PROD1PC69 with BILLS
231 

•S 22 PCS

1 (1) DESIGNATION.—Subject to valid existing 

2 rights, the Federal land is designated as wilderness 

3 and as a component of the National Wilderness 

4 Preservation System, to be known as the ‘‘Zion Wil5 derness’’. 

6 (2) INCORPORATION OF ACQUIRED LAND.—Any 

7 land located in the Zion National Park that is ac8 quired by the Secretary through a voluntary sale, ex9 change, or donation may, on the recommendation of 

10 the Secretary, become part of the Wilderness Area, 

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

12 1131 et seq.). 

13 (3) MAP AND LEGAL DESCRIPTION.— 

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

15 after the date of enactment of this Act, the Sec16 retary shall submit to the Committee on Energy 

17 and Natural Resources of the Senate and the 

18 Committee on Natural Resources of the House 

19 of Representatives a map and legal description 

20 of the Wilderness Area. 

21 (B) FORCE AND EFFECT.—The map and 

22 legal description submitted under subparagraph 

23 (A) shall have the same force and effect as if 

24 included in this Act, except that the Secretary 


jbell on PROD1PC69 with BILLS
232 

•S 22 PCS

1 may correct any clerical or typographical errors 

2 in the map or legal description. 

3 (C) AVAILABILITY.—The map and legal 

4 description submitted under subparagraph (A) 

5 shall be available in the appropriate offices of 

6 the National Park Service. 

7 SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA. 

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

9 (1) to conserve, protect, and enhance for the 

10 benefit and enjoyment of present and future genera11 tions the ecological, scenic, wildlife, recreational, cul12 tural, historical, natural, educational, and scientific 

13 resources of the National Conservation Area; and 

14 (2) to protect each species that is— 

15 (A) located in the National Conservation 

16 Area; and 

17 (B) listed as a threatened or endangered 

18 species on the list of threatened species or the 

19 list of endangered species published under sec20 tion 4(c)(1) of the Endangered Species Act of 

21 1973 (16 U.S.C. 1533(c)(1)). 

22 (b) DEFINITIONS.—In this section: 

23 (1) HABITAT CONSERVATION PLAN.—The term 

24 ‘‘habitat conservation plan’’ means the conservation 


jbell on PROD1PC69 with BILLS
233 

•S 22 PCS

1 plan entitled ‘‘Washington County Habitat Con2 servation Plan’’ and dated February 23, 1996. 

3 (2) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the management plan for the Na5 tional Conservation Area developed by the Secretary 

6 under subsection (d)(1). 

7 (3) NATIONAL CONSERVATION AREA.—The 

8 term ‘‘National Conservation Area’’ means the Red 

9 Cliffs National Conservation Area that— 

10 (A) consists of approximately 44,725 acres 

11 of public land in the County, as generally de12 picted on the Red Cliffs National Conservation 

13 Area Map; and 

14 (B) is established by subsection (c). 

15 (4) PUBLIC USE PLAN.—The term ‘‘public use 

16 plan’’ means the use plan entitled ‘‘Red Cliffs 

17 Desert Reserve Public Use Plan’’ and dated June 

18 12, 2000, as amended. 

19 (5) RESOURCE MANAGEMENT PLAN.—The term 

20 ‘‘resource management plan’’ means the manage21 ment plan entitled ‘‘St. George Field Office Re22 source Management Plan’’ and dated March 15, 

23 1999, as amended. 


jbell on PROD1PC69 with BILLS
234 

•S 22 PCS

1 (c) ESTABLISHMENT.—Subject to valid existing 

2 rights, there is established in the State the Red Cliffs Na3 tional Conservation Area. 

4 (d) MANAGEMENT PLAN.— 

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

6 the date of enactment of this Act and in accordance 

7 with paragraph (2), the Secretary shall develop a 

8 comprehensive plan for the long-term management 

9 of the National Conservation Area. 

10 (2) CONSULTATION.—In developing the man11 agement plan required under paragraph (1), the 

12 Secretary shall consult with— 

13 (A) appropriate State, tribal, and local 

14 governmental entities; and 

15 (B) members of the public. 

16 (3) INCORPORATION OF PLANS.—In developing 

17 the management plan required under paragraph (1), 

18 to the extent consistent with this section, the Sec19 retary may incorporate any provision of— 

20 (A) the habitat conservation plan; 

21 (B) the resource management plan; and 

22 (C) the public use plan. 

23 (e) MANAGEMENT.— 

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

25 the National Conservation Area— 


jbell on PROD1PC69 with BILLS
235 

•S 22 PCS

1 (A) in a manner that conserves, protects, 

2 and enhances the resources of the National 

3 Conservation Area; and 

4 (B) in accordance with— 

5 (i) the Federal Land Policy and Man6 agement Act of 1976 (43 U.S.C. 1701 et 

7 seq.); 

8 (ii) this section; and 

9 (iii) any other applicable law (includ10 ing regulations). 

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

12 of the National Conservation Area that the Sec13 retary determines would further a purpose described 

14 in subsection (a). 

15 (3) MOTORIZED VEHICLES.—Except in cases in 

16 which motorized vehicles are needed for administra17 tive purposes, or to respond to an emergency, the 

18 use of motorized vehicles in the National Conserva19 tion Area shall be permitted only on roads des20 ignated by the management plan for the use of mo21 torized vehicles. 

22 (4) GRAZING.—The grazing of livestock in the 

23 National Conservation Area, where established be24 fore the date of enactment of this Act, shall be per25 mitted to continue— 


jbell on PROD1PC69 with BILLS
236 

•S 22 PCS

1 (A) subject to— 

2 (i) such reasonable regulations, poli3 cies, and practices as the Secretary con4 siders necessary; and 

5 (ii) applicable law; and 

6 (B) in a manner consistent with the pur7 poses 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). 


jbell on PROD1PC69 with BILLS
237 

•S 22 PCS

1 (g) WITHDRAWAL.— 

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

3 rights, all Federal land located in the National Con4 servation Area are 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 (h) EFFECT.—Nothing in this section prohibits the 

18 authorization of the development of utilities within the Na19 tional Conservation Area if the development is carried out 

20 in accordance with— 

21 (1) each utility development protocol described 

22 in the habitat conservation plan; and 

23 (2) any other applicable law (including regula24 tions). 


jbell on PROD1PC69 with BILLS
238 

•S 22 PCS

1 SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION 

2 AREA. 

3 (a) PURPOSE.—The purpose of this section is to con4 serve, protect, and enhance for the benefit and enjoyment 

5 of present and future generations the ecological, scenic, 

6 wildlife, recreational, cultural, historical, natural, edu7 cational, and scientific resources of the Beaver Dam Wash 

8 National Conservation Area. 

9 (b) DEFINITIONS.—In this section: 

10 (1) MANAGEMENT PLAN.—The term ‘‘manage11 ment plan’’ means the management plan for the Na12 tional Conservation Area developed by the Secretary 

13 under subsection (d)(1). 

14 (2) NATIONAL CONSERVATION AREA.—The 

15 term ‘‘National Conservation Area’’ means the Bea16 ver Dam Wash National Conservation Area that— 

17 (A) consists of approximately 68,083 acres 

18 of public land in the County, as generally de19 picted on the Beaver Dam Wash National Con20 servation Area Map; and 

21 (B) is established by subsection (c). 

22 (c) ESTABLISHMENT.—Subject to valid existing 

23 rights, there is established in the State the Beaver Dam 

24 Wash National Conservation Area. 

25 (d) MANAGEMENT PLAN.— 


jbell on PROD1PC69 with BILLS
239 

•S 22 PCS

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

2 the date of enactment of this Act and in accordance 

3 with paragraph (2), the Secretary shall develop a 

4 comprehensive plan for the long-term management 

5 of the National Conservation Area. 

6 (2) CONSULTATION.—In developing the man7 agement plan required under paragraph (1), the 

8 Secretary shall consult with— 

9 (A) appropriate State, tribal, and local 

10 governmental entities; and 

11 (B) members of the public. 

12 (3) MOTORIZED VEHICLES.—In developing the 

13 management plan required under paragraph (1), the 

14 Secretary shall incorporate the restrictions on mo15 torized vehicles described in subsection (e)(3). 

16 (e) MANAGEMENT.— 

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

18 the National Conservation Area— 

19 (A) in a manner that conserves, protects, 

20 and enhances the resources of the National 

21 Conservation Area; and 

22 (B) in accordance with— 

23 (i) the Federal Land Policy and Man24 agement Act of 1976 (43 U.S.C. 1701 et 

25 seq.); 


jbell on PROD1PC69 with BILLS
240 

•S 22 PCS

1 (ii) this section; and 

2 (iii) any other applicable law (includ3 ing regulations). 

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

5 of the National Conservation Area that the Sec6 retary determines would further the purpose de7 scribed in subsection (a). 

8 (3) MOTORIZED VEHICLES.— 

9 (A) IN GENERAL.—Except in cases in 

10 which motorized vehicles are needed for admin11 istrative purposes, or to respond to an emer12 gency, the use of motorized vehicles in the Na13 tional Conservation Area shall be permitted 

14 only on roads designated by the management 

15 plan for the use of motorized vehicles. 

16 (B) ADDITIONAL REQUIREMENT RELATING

17 TO CERTAIN AREAS LOCATED IN THE NATIONAL

18 CONSERVATION AREA.—In addition to the re19 quirement described in subparagraph (A), with 

20 respect to the areas designated on the Beaver 

21 Dam Wash National Conservation Area Map as 

22 ‘‘Designated Road Areas’’, motorized vehicles 

23 shall be permitted only on the roads identified 

24 on such map. 


jbell on PROD1PC69 with BILLS
241 

•S 22 PCS

1 (4) GRAZING.—The grazing of livestock in the 

2 National Conservation Area, where established be3 fore the date of enactment of this Act, shall be per4 mitted to continue— 

5 (A) subject to— 

6 (i) such reasonable regulations, poli7 cies, and practices as the Secretary con8 siders necessary; and 

9 (ii) applicable law (including regula10 tions); and 

11 (B) in a manner consistent with the pur12 pose described in subsection (a). 

13 (5) WILDLAND FIRE OPERATIONS.—Nothing in 

14 this section prohibits the Secretary, in cooperation 

15 with other Federal, State, and local agencies, as ap16 propriate, from conducting wildland fire operations 

17 in the National Conservation Area, consistent with 

18 the purposes of this section. 

19 (f) INCORPORATION OF ACQUIRED LAND AND INTER20 ESTS.—Any land or interest in land that is located in the 

21 National Conservation Area that is acquired by the United 

22 States shall— 

23 (1) become part of the National Conservation 

24 Area; and 

25 (2) be managed in accordance with— 


jbell on PROD1PC69 with BILLS
242 

•S 22 PCS

1 (A) the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

3 (B) this section; and 

4 (C) any other applicable law (including 

5 regulations). 

6 (g) WITHDRAWAL.— 

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

8 rights, all Federal land located in the National Con9 servation Area is withdrawn from— 

10 (A) all forms of entry, appropriation, and 

11 disposal under the public land laws; 

12 (B) location, entry, and patenting under 

13 the mining laws; and 

14 (C) operation of the mineral leasing, min15 eral materials, and geothermal leasing laws. 

16 (2) ADDITIONAL LAND.—If the Secretary ac17 quires additional land that is located in the National 

18 Conservation Area after the date of enactment of 

19 this Act, the land is withdrawn from operation of 

20 the laws referred to in paragraph (1) on the date of 

21 acquisition of the land. 

22 SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER 

23 DESIGNATION. 

24 (a) DESIGNATION.—Section 3(a) of the Wild and 

25 Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by 


jbell on PROD1PC69 with BILLS
243 

•S 22 PCS

1 section 1852) is amended by adding at the end the fol2 lowing: 

3 ‘‘(204) ZION NATIONAL PARK, UTAH.—The ap4 proximately 165.5 miles of segments of the Virgin 

5 River and tributaries of the Virgin River across Fed6 eral land within and adjacent to Zion National Park, 

7 as generally depicted on the map entitled ‘Wild and 

8 Scenic River Segments Zion National Park and Bu9 reau of Land Management’ and dated April 2008, to 

10 be administered by the Secretary of the Interior in 

11 the following classifications: 

12 ‘‘(A) TAYLOR CREEK.—The 4.5–mile seg13 ment from the junction of the north, middle, 

14 and south forks of Taylor Creek, west to the 

15 park boundary and adjacent land rim-to-rim, as 

16 a scenic river. 

17 ‘‘(B) NORTH FORK OF TAYLOR CREEK.— 

18 The segment from the head of North Fork to 

19 the junction with Taylor Creek and adjacent 

20 land rim-to-rim, as a wild river. 

21 ‘‘(C) MIDDLE FORK OF TAYLOR CREEK.— 

22 The segment from the head of Middle Fork on 

23 Bureau of Land Management land to the junc24 tion with Taylor Creek and adjacent land rim25 to-rim, as a wild river. 


jbell on PROD1PC69 with BILLS
244 

•S 22 PCS

1 ‘‘(D) SOUTH FORK OF TAYLOR CREEK.— 

2 The segment from the head of South Fork to 

3 the junction with Taylor Creek and adjacent 

4 land rim-to-rim, as a wild river. 

5 ‘‘(E) TIMBER CREEK AND TRIBUTARIES.— 

6 The 3.1–mile segment from the head of Timber 

7 Creek and tributaries of Timber Creek to the 

8 junction with LaVerkin Creek and adjacent 

9 land rim-to-rim, as a wild river. 

10 ‘‘(F) LAVERKIN CREEK.—The 16.1–mile 

11 segment beginning in T. 38 S., R. 11 W., sec. 

12 21, on Bureau of Land Management land, 

13 southwest through Zion National Park, and 

14 ending at the south end of T. 40 S., R. 12 W., 

sec. 7, and adjacent land 1 15 ⁄2–mile wide, as a 

16 wild river. 

17 ‘‘(G) WILLIS CREEK.—The 1.9–mile seg18 ment beginning on Bureau of Land Manage19 ment land in the SWSW sec. 27, T. 38 S., R. 

20 11 W., to the junction with LaVerkin Creek in 

21 Zion National Park and adjacent land rim-to22 rim, as a wild river. 

23 ‘‘(H) BEARTRAP CANYON.—The 2.3–mile 

24 segment beginning on Bureau of Management 

25 land in the SWNW sec. 3, T. 39 S., R. 11 W., 


jbell on PROD1PC69 with BILLS
245 

•S 22 PCS

1 to the junction with LaVerkin Creek and the 

2 segment from the headwaters north of Long 

3 Point to the junction with LaVerkin Creek and 

4 adjacent land rim-to-rim, as a wild river. 

5 ‘‘(I) HOP VALLEY CREEK.—The 3.3–mile 

6 segment beginning at the southern boundary of 

7 T. 39 S., R. 11 W., sec. 20, to the junction 

with LaVerkin Creek and adjacent land 1 8 ⁄2–mile 

9 wide, as a wild river. 

10 ‘‘(J) CURRENT CREEK.—The 1.4–mile seg11 ment from the head of Current Creek to the 

12 junction with LaVerkin Creek and adjacent 

13 land rim-to-rim, as a wild river. 

14 ‘‘(K) CANE CREEK.—The 0.6–mile seg15 ment from the head of Smith Creek to the junc16 tion with LaVerkin Creek and adjacent land 

1 17 ⁄2–mile wide, as a wild river. 

18 ‘‘(L) SMITH CREEK.—The 1.3–mile seg19 ment from the head of Smith Creek to the junc20 tion with LaVerkin Creek and adjacent land 

1 21 ⁄2–mile wide, as a wild river. 

22 ‘‘(M) NORTH CREEK LEFT AND RIGHT

23 FORKS.—The segment of the Left Fork from 

24 the junction with Wildcat Canyon to the junc25 tion with Right Fork, from the head of Right 


jbell on PROD1PC69 with BILLS
246 

•S 22 PCS

1 Fork to the junction with Left Fork, and from 

2 the junction of the Left and Right Forks south3 west to Zion National Park boundary and adja4 cent land rim-to-rim, as a wild river. 

5 ‘‘(N) WILDCAT CANYON (BLUE CREEK).— 

6 The segment of Blue Creek from the Zion Na7 tional Park boundary to the junction with the 

8 Right Fork of North Creek and adjacent land 

9 rim-to-rim, as a wild river. 

10 ‘‘(O) LITTLE CREEK.—The segment begin11 ning at the head of Little Creek to the junction 

12 with the Left Fork of North Creek and adjacent land 1 13 ⁄2–mile wide, as a wild river. 

14 ‘‘(P) RUSSELL GULCH.—The segment 

15 from the head of Russell Gulch to the junction 

16 with the Left Fork of North Creek and adja17 cent land rim-to-rim, as a wild river. 

18 ‘‘(Q) GRAPEVINE WASH.—The 2.6–mile 

19 segment from the Lower Kolob Plateau to the 

20 junction with the Left Fork of North Creek and 

21 adjacent land rim-to-rim, as a scenic river. 

22 ‘‘(R) PINE SPRING WASH.—The 4.6–mile 

23 segment to the junction with the left fork of 

North Creek and adjacent land 1 24 ⁄2–mile, as a 

25 scenic river. 


jbell on PROD1PC69 with BILLS
247 

•S 22 PCS

1 ‘‘(S) WOLF SPRINGS WASH.—The 1.4–mile 

2 segment from the head of Wolf Springs Wash 

3 to the junction with Pine Spring Wash and adjacent land 1 4 ⁄2–mile wide, as a scenic river. 

5 ‘‘(T) KOLOB CREEK.—The 5.9–mile seg6 ment of Kolob Creek beginning in T. 39 S., R. 

7 10 W., sec. 30, through Bureau of Land Man8 agement land and Zion National Park land to 

9 the junction with the North Fork of the Virgin 

10 River and adjacent land rim-to-rim, as a wild 

11 river. 

12 ‘‘(U) OAK CREEK.—The 1–mile stretch of 

13 Oak Creek beginning in T. 39 S., R. 10 W., 

14 sec. 19, to the junction with Kolob Creek and 

15 adjacent land rim-to-rim, as a wild river. 

16 ‘‘(V) GOOSE CREEK.—The 4.6–mile seg17 ment of Goose Creek from the head of Goose 

18 Creek to the junction with the North Fork of 

19 the Virgin River and adjacent land rim-to-rim, 

20 as a wild river. 

21 ‘‘(W) DEEP CREEK.—The 5.3–mile seg22 ment of Deep Creek beginning on Bureau of 

23 Land Management land at the northern bound24 ary of T. 39 S., R. 10 W., sec. 23, south to the 


jbell on PROD1PC69 with BILLS
248 

•S 22 PCS

1 junction of the North Fork of the Virgin River 

2 and adjacent land rim-to-rim, as a wild river. 

3 ‘‘(X) NORTH FORK OF THE VIRGIN

4 RIVER.—The 10.8–mile segment of the North 

5 Fork of the Virgin River beginning on Bureau 

6 of Land Management land at the eastern bor7 der of T. 39 S., R. 10 W., sec. 35, to Temple 

8 of Sinawava and adjacent land rim-to-rim, as a 

9 wild river. 

10 ‘‘(Y) NORTH FORK OF THE VIRGIN

11 RIVER.—The 8–mile segment of the North Fork 

12 of the Virgin River from Temple of Sinawava 

13 south to the Zion National Park boundary and 

adjacent land 1 14 ⁄2–mile wide, as a recreational 

15 river. 

16 ‘‘(Z) IMLAY CANYON.—The segment from 

17 the head of Imlay Creek to the junction with 

18 the North Fork of the Virgin River and adja19 cent land rim-to-rim, as a wild river. 

20 ‘‘(AA) ORDERVILLE CANYON.—The seg21 ment from the eastern boundary of Zion Na22 tional Park to the junction with the North Fork 

23 of the Virgin River and adjacent land rim-to24 rim, as a wild river. 


jbell on PROD1PC69 with BILLS
249 

•S 22 PCS

1 ‘‘(BB) MYSTERY CANYON.—The segment 

2 from the head of Mystery Canyon to the junc3 tion with the North Fork of the Virgin River 

4 and adjacent land rim-to-rim, as a wild river. 

5 ‘‘(CC) ECHO CANYON.—The segment from 

6 the eastern boundary of Zion National Park to 

7 the junction with the North Fork of the Virgin 

8 River and adjacent land rim-to-rim, as a wild 

9 river. 

10 ‘‘(DD) BEHUNIN CANYON.—The segment 

11 from the head of Behunin Canyon to the junc12 tion with the North Fork of the Virgin River 

13 and adjacent land rim-to-rim, as a wild river. 

14 ‘‘(EE) HEAPS CANYON.—The segment 

15 from the head of Heaps Canyon to the junction 

16 with the North Fork of the Virgin River and 

17 adjacent land rim-to-rim, as a wild river. 

18 ‘‘(FF) BIRCH CREEK.—The segment from 

19 the head of Birch Creek to the junction with 

20 the North Fork of the Virgin River and adjacent land 1 21 ⁄2-mile wide, as a wild river. 

22 ‘‘(GG) OAK CREEK.—The segment of Oak 

23 Creek from the head of Oak Creek to where the 

forks join and adjacent land 1 24 ⁄2-mile wide, as a 

25 wild river. 


jbell on PROD1PC69 with BILLS
250 

•S 22 PCS

1 ‘‘(HH) OAK CREEK.—The 1–mile segment 

2 of Oak Creek from the point at which the 2 

3 forks of Oak Creek join to the junction with the 

4 North Fork of the Virgin River and adjacent 

land 1 5 ⁄2–mile wide, as a recreational river. 

6 ‘‘(II) CLEAR CREEK.—The 6.4–mile seg7 ment of Clear Creek from the eastern boundary 

8 of Zion National Park to the junction with Pine 

9 Creek and adjacent land rim-to-rim, as a rec10 reational river. 

11 ‘‘(JJ) PINE CREEK .—The 2–mile segment 

12 of Pine Creek from the head of Pine Creek to 

13 the junction with Clear Creek and adjacent land 

14 rim-to-rim, as a wild river. 

15 ‘‘(KK) PINE CREEK.—The 3–mile segment 

16 of Pine Creek from the junction with Clear 

17 Creek to the junction with the North Fork of 

18 the Virgin River and adjacent land rim-to-rim, 

19 as a recreational river. 

20 ‘‘(LL) EAST FORK OF THE VIRGIN

21 RIVER.—The 8–mile segment of the East Fork 

22 of the Virgin River from the eastern boundary 

23 of Zion National Park through Parunuweap 

24 Canyon to the western boundary of Zion NaVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
251 

•S 22 PCS

tional Park and adjacent land 1 1 ⁄2–mile wide, as 

2 a wild river. 

3 ‘‘(MM) SHUNES CREEK.—The 3–mile seg4 ment of Shunes Creek from the dry waterfall on 

5 land administered by the Bureau of Land Man6 agement through Zion National Park to the 

7 western boundary of Zion National Park and 

adjacent land 1 8 ⁄2–mile wide as a wild river.’’. 

9 (b) INCORPORATION OF ACQUIRED NON-FEDERAL

10 LAND.—If the United States acquires any non-Federal 

11 land within or adjacent to Zion National Park that in12 cludes a river segment that is contiguous to a river seg13 ment of the Virgin River designated as a wild, scenic, or 

14 recreational river by paragraph (204) of section 3(a) of 

15 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

16 added by subsection (a)), the acquired river segment shall 

17 be incorporated in, and be administered as part of, the 

18 applicable wild, scenic, or recreational river. 

19 (c) SAVINGS CLAUSE.—The amendment made by 

20 subsection (a) does not affect the agreement among the 

21 United States, the State, the Washington County Water 

22 Conservancy District, and the Kane County Water Con23 servancy District entitled ‘‘Zion National Park Water 

24 Rights Settlement Agreement’’ and dated December 4, 

25 1996. 


jbell on PROD1PC69 with BILLS
252 

•S 22 PCS

1 SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAV2 EL AND TRANSPORTATION MANAGEMENT 

3 PLAN. 

4 (a) DEFINITIONS.—In this section: 

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

6 the Secretary of the Interior. 

7 (2) SECRETARY CONCERNED.—The term ‘‘Sec8 retary concerned’’ means— 

9 (A) with respect to land managed by the 

10 Bureau of Land Management, the Secretary; 

11 and 

12 (B) with respect to land managed by the 

13 Forest Service, the Secretary of Agriculture. 

14 (3) TRAIL.—The term ‘‘trail’’ means the High 

15 Desert Off-Highway Vehicle Trail designated under 

16 subsection (c)(1)(A). 

17 (4) TRAVEL MANAGEMENT PLAN.—The term 

18 ‘‘travel management plan’’ means the comprehensive 

19 travel and transportation management plan devel20 oped under subsection (b)(1). 

21 (b) COMPREHENSIVE TRAVEL AND TRANSPORTATION

22 MANAGEMENT PLAN.— 

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

24 the date of enactment of this Act, in accordance 

25 with the Federal Land Policy and Management Act 

26 of 1976 (43 U.S.C. 1701 et seq.) and other applicaVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
253 

•S 22 PCS

1 ble laws (including regulations), the Secretary, in 

2 consultation with appropriate Federal agencies and 

3 State, tribal, and local governmental entities, and 

4 after an opportunity for public comment, shall de5 velop a comprehensive travel management plan for 

6 the land managed by the Bureau of Land Manage7 ment in the County— 

8 (A) to provide to the public a clearly 

9 marked network of roads and trails with signs 

10 and maps to promote— 

11 (i) public safety and awareness; and 

12 (ii) enhanced recreation and general 

13 access opportunities; 

14 (B) to help reduce in the County growing 

15 conflicts arising from interactions between— 

16 (i) motorized recreation; and 

17 (ii) the important resource values of 

18 public land; 

19 (C) to promote citizen-based opportunities 

20 for— 

21 (i) the monitoring and stewardship of 

22 the trail; and 

23 (ii) trail system management; and 

24 (D) to support law enforcement officials in 

25 promoting— 


jbell on PROD1PC69 with BILLS
254 

•S 22 PCS

1 (i) compliance with off-highway vehi2 cle laws (including regulations); and 

3 (ii) effective deterrents of abuses of 

4 public land. 

5 (2) SCOPE; CONTENTS.—In developing the trav6 el management plan, the Secretary shall— 

7 (A) in consultation with appropriate Fed8 eral agencies, State, tribal, and local govern9 mental entities (including the County and St. 

10 George City, Utah), and the public, identify 1 

11 or more alternatives for a northern transpor12 tation route in the County; 

13 (B) ensure that the travel management 

14 plan contains a map that depicts the trail; and 

15 (C) designate a system of areas, roads, and 

16 trails for mechanical and motorized use. 

17 (c) DESIGNATION OF TRAIL.— 

18 (1) DESIGNATION.— 

19 (A) IN GENERAL.—As a component of the 

20 travel management plan, and in accordance 

21 with subparagraph (B), the Secretary, in co22 ordination with the Secretary of Agriculture, 

23 and after an opportunity for public comment, 

24 shall designate a trail (which may include a sys25 tem of trails)— 


jbell on PROD1PC69 with BILLS
255 

•S 22 PCS

1 (i) for use by off-highway vehicles; 

2 and 

3 (ii) to be known as the ‘‘High Desert 

4 Off-Highway Vehicle Trail’’. 

5 (B) REQUIREMENTS.—In designating the 

6 trail, the Secretary shall only include trails that 

7 are— 

8 (i) as of the date of enactment of this 

9 Act, authorized for use by off-highway ve10 hicles; and 

11 (ii) located on land that is managed 

12 by the Bureau of Land Management in the 

13 County. 

14 (C) NATIONAL FOREST LAND.—The Sec15 retary of Agriculture, in coordination with the 

16 Secretary and in accordance with applicable 

17 law, may designate a portion of the trail on Na18 tional Forest System land within the County. 

19 (D) MAP.—A map that depicts the trail 

20 shall be on file and available for public inspec21 tion in the appropriate offices of— 

22 (i) the Bureau of Land Management; 

23 and 

24 (ii) the Forest Service. 

25 (2) MANAGEMENT.— 


jbell on PROD1PC69 with BILLS
256 

•S 22 PCS

1 (A) IN GENERAL.—The Secretary con2 cerned shall manage the trail— 

3 (i) in accordance with applicable laws 

4 (including regulations); 

5 (ii) to ensure the safety of citizens 

6 who use the trail; and 

7 (iii) in a manner by which to minimize 

8 any damage to sensitive habitat or cultural 

9 resources. 

10 (B) MONITORING; EVALUATION.—To mini11 mize the impacts of the use of the trail on envi12 ronmental and cultural resources, the Secretary 

13 concerned shall— 

14 (i) annually assess the effects of the 

15 use of off-highway vehicles on— 

16 (I) the trail; and 

17 (II) land located in proximity to 

18 the trail; and 

19 (ii) in consultation with the Utah De20 partment of Natural Resources, annually 

21 assess the effects of the use of the trail on 

22 wildlife and wildlife habitat. 

23 (C) CLOSURE.—The Secretary concerned, 

24 in consultation with the State and the County, 

25 and subject to subparagraph (D), may tempoVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
257 

•S 22 PCS

1 rarily close or permanently reroute a portion of 

2 the trail if the Secretary concerned determines 

3 that— 

4 (i) the trail is having an adverse im5 pact on— 

6 (I) wildlife habitats; 

7 (II) natural resources; 

8 (III) cultural resources; or 

9 (IV) traditional uses; 

10 (ii) the trail threatens public safety; 

11 or 

12 (iii) closure of the trail is necessary— 

13 (I) to repair damage to the trail; 

14 or 

15 (II) to repair resource damage. 

16 (D) REROUTING.—Any portion of the trail 

17 that is temporarily closed by the Secretary con18 cerned under subparagraph (C) may be perma19 nently rerouted along any road or trail— 

20 (i) that is— 

21 (I) in existence as of the date of 

22 the closure of the portion of the trail; 

23 (II) located on public land; and 

24 (III) open to motorized use; and 


jbell on PROD1PC69 with BILLS
258 

•S 22 PCS

1 (ii) if the Secretary concerned deter2 mines that rerouting the portion of the 

3 trail would not significantly increase or de4 crease the length of the trail. 

5 (E) NOTICE OF AVAILABLE ROUTES.—The 

6 Secretary, in coordination with the Secretary of 

7 Agriculture, shall ensure that visitors to the 

8 trail have access to adequate notice relating to 

9 the availability of trail routes through— 

10 (i) the placement of appropriate sign11 age along the trail; and 

12 (ii) the distribution of maps, safety 

13 education materials, and other information 

14 that the Secretary concerned determines to 

15 be appropriate. 

16 (3) EFFECT.—Nothing in this section affects 

17 the ownership, management, or other rights relating 

18 to any non-Federal land (including any interest in 

19 any non-Federal land). 

20 SEC. 1978. LAND DISPOSAL AND ACQUISITION. 

21 (a) IN GENERAL.—Consistent with applicable law, 

22 the Secretary of the Interior may sell public land located 

23 within Washington County, Utah, that, as of July 25, 

24 2000, has been identified for disposal in appropriate re25 source management plans. 


jbell on PROD1PC69 with BILLS
259 

•S 22 PCS

1 (b) USE OF PROCEEDS.— 

2 (1) IN GENERAL.—Notwithstanding any other 

3 provision of law (other than a law that specifically 

4 provides for a portion of the proceeds of a land sale 

5 to be distributed to any trust fund of the State), 

6 proceeds from the sale of public land under sub7 section (a) shall be deposited in a separate account 

8 in the Treasury to be known as the ‘‘Washington 

9 County, Utah Land Acquisition Account’’. 

10 (2) AVAILABILITY.— 

11 (A) IN GENERAL.—Amounts in the ac12 count shall be available to the Secretary, with13 out further appropriation, to purchase from 

14 willing sellers lands or interests in land within 

15 the wilderness areas and National Conservation 

16 Areas established by this subtitle. 

17 (B) APPLICABILITY.—Any purchase of 

18 land or interest in land under subparagraph (A) 

19 shall be in accordance with applicable law. 

20 SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS. 

21 (a) IN GENERAL.—In accordance with applicable 

22 Federal laws (including regulations), the Secretary of the 

23 Interior shall— 

24 (1) identify areas located in the County where 

25 biological conservation is a priority; and 


jbell on PROD1PC69 with BILLS
260 

•S 22 PCS

1 (2) undertake activities to conserve and restore 

2 plant and animal species and natural communities 

3 within such areas. 

4 (b) GRANTS; COOPERATIVE AGREEMENTS.—In car5 rying out subsection (a), the Secretary of the Interior may 

6 make grants to, or enter into cooperative agreements with, 

7 State, tribal, and local governmental entities and private 

8 entities to conduct research, develop scientific analyses, 

9 and carry out any other initiative relating to the restora10 tion or conservation of the areas. 

11 SEC. 1980. PUBLIC PURPOSE CONVEYANCES. 

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

13 planning requirements of sections 202 and 203 of the Fed14 eral Land Policy and Management Act of 1976 (43 U.S.C. 

15 1712, 1713), upon the request of the appropriate local 

16 governmental entity, as described below, the Secretary 

17 shall convey the following parcels of public land without 

18 consideration, subject to the provisions of this section: 

19 (1) TEMPLE QUARRY.—The approximately 122- 

20 acre parcel known as ‘‘Temple Quarry’’ as generally 

21 depicted on the Washington County Growth and 

22 Conservation Act Map as ‘‘Parcel B’’, to the City of 

23 St. George, Utah, for open space and public recre24 ation purposes. 


jbell on PROD1PC69 with BILLS
261 

•S 22 PCS

1 (2) HURRICANE CITY SPORTS PARK.—The ap2 proximately 41-acre parcel as generally depicted on 

3 the Washington County Growth and Conservation 

4 Act Map as ‘‘Parcel C’’, to the City of Hurricane, 

5 Utah, for public recreation purposes and public ad6 ministrative offices. 

7 (3) WASHINGTON COUNTY SCHOOL DISTRICT.— 

8 The approximately 70-acre parcel as generally de9 picted on the Washington County Growth and Con10 servation Act Map as ‘‘Parcel D’’, to the Wash11 ington County Public School District for use for 

12 public school and related educational and adminis13 trative purposes. 

14 (4) WASHINGTON COUNTY JAIL.—The approxi15 mately 80-acre parcel as generally depicted on the 

16 Washington County Growth and Conservation Act 

17 Map as ‘‘Parcel E’’, to Washington County, Utah, 

18 for expansion of the Purgatory Correctional Facility. 

19 (5) HURRICANE EQUESTRIAN PARK.—The ap20 proximately 40-acre parcel as generally depicted on 

21 the Washington County Growth and Conservation 

22 Act Map as ‘‘Parcel F’’, to the City of Hurricane, 

23 Utah, for use as a public equestrian park. 

24 (b) MAP AND LEGAL DESCRIPTIONS.—As soon as 

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


jbell on PROD1PC69 with BILLS
262 

•S 22 PCS

1 Secretary shall finalize legal descriptions of the parcels to 

2 be conveyed under this section. The Secretary may correct 

3 any minor errors in the map referenced in subsection (a) 

4 or in the applicable legal descriptions. The map and legal 

5 descriptions shall be on file and available for public inspec6 tion in the appropriate offices of the Bureau of Land Man7 agement. 

8 (c) REVERSION.— 

9 (1) IN GENERAL.—If any parcel conveyed under 

10 this section ceases to be used for the public purpose 

11 for which the parcel was conveyed, as described in 

12 subsection (a), the land shall, at the discretion of the 

13 Secretary based on his determination of the best in14 terests of the United States, revert to the United 

15 States. 

16 (2) RESPONSIBILITY OF LOCAL GOVERNMENTAL

17 ENTITY.—If the Secretary determines pursuant to 

18 paragraph (1) that the land should revert to the 

19 United States, and if the Secretary determines that 

20 the land is contaminated with hazardous waste, the 

21 local governmental entity to which the land was con22 veyed shall be responsible for remediation of the con23 tamination. 


jbell on PROD1PC69 with BILLS
263 

•S 22 PCS

1 SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST 

2 LAND. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COVERED FEDERAL LAND.—The term ‘‘cov5 ered Federal land’’ means the approximately 66.07 

6 acres of land in the Dixie National Forest in the 

7 State, as depicted on the map. 

8 (2) LANDOWNER.—The term ‘‘landowner’’ 

9 means Kirk R. Harrison, who owns land in Pinto 

10 Valley, Utah. 

11 (3) MAP.—The term ‘‘map’’ means the map en12 titled ‘‘Conveyance of Dixie National Forest Land’’ 

13 and dated December 18, 2008. 

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

15 the Secretary of Agriculture. 

16 (b) CONVEYANCE.— 

17 (1) IN GENERAL.—The Secretary may convey 

18 to the landowner all right, title, and interest of the 

19 United States in and to any of the covered Federal 

20 land (including any improvements or appurtenances 

21 to the covered Federal land) by sale or exchange. 

22 (2) LEGAL DESCRIPTION.—The exact acreage 

23 and legal description of the covered Federal land to 

24 be conveyed under paragraph (1) shall be deter25 mined by surveys satisfactory to the Secretary. 

26 (3) CONSIDERATION.— 


jbell on PROD1PC69 with BILLS
264 

•S 22 PCS

1 (A) IN GENERAL.—As consideration for 

2 any conveyance by sale under paragraph (1), 

3 the landowner shall pay to the Secretary an 

4 amount equal to the fair market value of any 

5 Federal land conveyed, as determined under 

6 subparagraph (B). 

7 (B) APPRAISAL.—The fair market value of 

8 any Federal land that is conveyed under para9 graph (1) shall be determined by an appraisal 

10 acceptable to the Secretary that is performed in 

11 accordance with— 

12 (i) the Uniform Appraisal Standards 

13 for Federal Land Acquisitions; 

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

16 (iii) any other applicable law (includ17 ing regulations). 

18 (4) DISPOSITION AND USE OF PROCEEDS.— 

19 (A) DISPOSITION OF PROCEEDS.—The 

20 Secretary shall deposit the proceeds of any sale 

21 of land under paragraph (1) in the fund estab22 lished under Public Law 90–171 (commonly 

23 known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

24 (B) USE OF PROCEEDS.—Amounts depos25 ited under subparagraph (A) shall be available 


jbell on PROD1PC69 with BILLS
265 

•S 22 PCS

1 to the Secretary, without further appropriation 

2 and until expended, for the acquisition of real 

3 property or interests in real property for inclu4 sion in the Dixie National Forest in the State. 

5 (5) ADDITIONAL TERMS AND CONDITIONS.— 

6 The Secretary may require any additional terms and 

7 conditions for any conveyance under paragraph (1) 

8 that the Secretary determines to be appropriate to 

9 protect the interests of the United States. 

10 SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS 

11 BAND OF PAIUTE INDIANS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) PARCEL A.—The term ‘‘Parcel A’’ means 

14 the parcel that consists of approximately 640 acres 

15 of land that is— 

16 (A) managed by the Bureau of Land Man17 agement; 

18 (B) located in Washington County, Utah; 

19 and 

20 (C) depicted on the map entitled ‘‘Wash21 ington County Growth and Conservation Act 

22 Map’’. 

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

24 the Secretary of the Interior. 


jbell on PROD1PC69 with BILLS
266 

•S 22 PCS

1 (3) TRIBE.—The term ‘‘Tribe’’ means the 

2 Shivwits Band of Paiute Indians of the State of 

3 Utah. 

4 (b) PARCEL TO BE HELD IN TRUST.— 

5 (1) IN GENERAL.—At the request of the Tribe, 

6 the Secretary shall take into trust for the benefit of 

7 the Tribe all right, title, and interest of the United 

8 States in and to Parcel A. 

9 (2) SURVEY; LEGAL DESCRIPTION.— 

10 (A) SURVEY.—Not later than 180 days 

11 after the date of enactment of this Act, the Sec12 retary, acting through the Director of the Bu13 reau of Land Management, shall complete a 

14 survey of Parcel A to establish the boundary of 

15 Parcel A. 

16 (B) LEGAL DESCRIPTION OF PARCEL A.— 

17 (i) IN GENERAL.—Upon the comple18 tion of the survey under subparagraph (A), 

19 the Secretary shall publish in the Federal 

20 Register a legal description of— 

21 (I) the boundary line of Parcel A; 

22 and 

23 (II) Parcel A. 

24 (ii) TECHNICAL CORRECTIONS.—Be25 fore the date of publication of the legal deVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
267 

•S 22 PCS

1 scriptions under clause (i), the Secretary 

2 may make minor corrections to correct 

3 technical and clerical errors in the legal de4 scriptions. 

5 (iii) EFFECT.—Effective beginning on 

6 the date of publication of the legal descrip7 tions under clause (i), the legal descrip8 tions shall be considered to be the official 

9 legal descriptions of Parcel A. 

10 (3) EFFECT.—Nothing in this section— 

11 (A) affects any valid right in existence on 

12 the date of enactment of this Act; 

13 (B) enlarges, impairs, or otherwise affects 

14 any right or claim of the Tribe to any land or 

15 interest in land other than to Parcel A that 

16 is— 

17 (i) based on an aboriginal or Indian 

18 title; and 

19 (ii) in existence as of the date of en20 actment of this Act; or 

21 (C) constitutes an express or implied res22 ervation of water or a water right with respect 

23 to Parcel A. 

24 (4) LAND TO BE MADE A PART OF THE RES25 ERVATION.—Land taken into trust pursuant to this 


jbell on PROD1PC69 with BILLS
268 

•S 22 PCS

1 section shall be considered to be part of the reserva2 tion of the Tribe. 

3 SEC. 1983. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this subtitle. 

6 TITLE II—BUREAU OF LAND 

7 MANAGEMENT AUTHORIZA8 TIONS 

9 Subtitle A—National Landscape 

10 Conservation System 

11 SEC. 2001. DEFINITIONS. 

12 In this subtitle: 

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

14 the Secretary of the Interior. 

15 (2) SYSTEM.—The term ‘‘system’’ means the 

16 National Landscape Conservation System estab17 lished by section 2002(a). 

18 SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE 

19 CONSERVATION SYSTEM. 

20 (a) ESTABLISHMENT.—In order to conserve, protect, 

21 and restore nationally significant landscapes that have 

22 outstanding cultural, ecological, and scientific values for 

23 the benefit of current and future generations, there is es24 tablished in the Bureau of Land Management the Na25 tional Landscape Conservation System. 


jbell on PROD1PC69 with BILLS
269 

•S 22 PCS

1 (b) COMPONENTS.—The system shall include each of 

2 the following areas administered by the Bureau of Land 

3 Management: 

4 (1) Each area that is designated as— 

5 (A) a national monument; 

6 (B) a national conservation area; 

7 (C) a wilderness study area; 

8 (D) a national scenic trail or national his9 toric trail designated as a component of the Na10 tional Trails System; 

11 (E) a component of the National Wild and 

12 Scenic Rivers System; or 

13 (F) a component of the National Wilder14 ness Preservation System. 

15 (2) Any area designated by Congress to be ad16 ministered for conservation purposes, including— 

17 (A) the Steens Mountain Cooperative Man18 agement and Protection Area; 

19 (B) the Headwaters Forest Reserve; 

20 (C) the Yaquina Head Outstanding Nat21 ural Area; 

22 (D) public land within the California 

23 Desert Conservation Area administered by the 

24 Bureau of Land Management for conservation 

25 purposes; and 


jbell on PROD1PC69 with BILLS
270 

•S 22 PCS

1 (E) any additional area designated by Con2 gress for inclusion in the system. 

3 (c) MANAGEMENT.—The Secretary shall manage the 

4 system— 

5 (1) in accordance with any applicable law (in6 cluding regulations) relating to any component of 

7 the system included under subsection (b); and 

8 (2) in a manner that protects the values for 

9 which the components of the system were des10 ignated. 

11 (d) EFFECT.— 

12 (1) IN GENERAL.—Nothing in this subtitle en13 hances, diminishes, or modifies any law or proclama14 tion (including regulations relating to the law or 

15 proclamation) under which the components of the 

16 system described in subsection (b) were established 

17 or are managed, including— 

18 (A) the Alaska National Interest Lands 

19 Conservation Act (16 U.S.C. 3101 et seq.); 

20 (B) the Wilderness Act (16 U.S.C. 1131 et 

21 seq.); 

22 (C) the Wild and Scenic Rivers Act (16 

23 U.S.C. 1271 et seq.); 

24 (D) the National Trails System Act (16 

25 U.S.C. 1241 et seq.); and 


jbell on PROD1PC69 with BILLS
271 

•S 22 PCS

1 (E) the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1701 et seq.). 

3 (2) FISH AND WILDLIFE.—Nothing in this sub4 title shall be construed as affecting the authority, ju5 risdiction, or responsibility of the several States to 

6 manage, control, or regulate fish and resident wild7 life under State law or regulations, including the 

8 regulation of hunting, fishing, trapping and rec9 reational shooting on public land managed by the 

10 Bureau of Land Management. Nothing in this sub11 title shall be construed as limiting access for hunt12 ing, fishing, trapping, or recreational shooting. 

13 SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated such sums 

15 as are necessary to carry out this subtitle. 

16 Subtitle B—Prehistoric Trackways 

17 National Monument 

18 SEC. 2101. FINDINGS. 

19 Congress finds that— 

20 (1) in 1987, a major deposit of Paleozoic Era 

21 fossilized footprint megatrackways was discovered in 

22 the Robledo Mountains in southern New Mexico; 

23 (2) the trackways contain footprints of numer24 ous amphibians, reptiles, and insects (including pre25 viously unknown species), plants, and petrified wood 


jbell on PROD1PC69 with BILLS
272 

•S 22 PCS

1 dating back approximately 280,000,000 years, which 

2 collectively provide new opportunities to understand 

3 animal behaviors and environments from a time pre4 dating the dinosaurs; 

5 (3) title III of Public Law 101–578 (104 Stat. 

6 2860)— 

7 (A) provided interim protection for the site 

8 at which the trackways were discovered; and 

9 (B) directed the Secretary of the Interior 

10 to— 

11 (i) prepare a study assessing the sig12 nificance of the site; and 

13 (ii) based on the study, provide rec14 ommendations for protection of the paleon15 tological resources at the site; 

16 (4) the Bureau of Land Management completed 

17 the Paleozoic Trackways Scientific Study Report in 

18 1994, which characterized the site as containing 

19 ‘‘the most scientifically significant Early Permian 

20 tracksites’’ in the world; 

21 (5) despite the conclusion of the study and the 

22 recommendations for protection, the site remains un23 protected and many irreplaceable trackways speci24 mens have been lost to vandalism or theft; and 


jbell on PROD1PC69 with BILLS
273 

•S 22 PCS

1 (6) designation of the trackways site as a Na2 tional Monument would protect the unique fossil re3 sources for present and future generations while al4 lowing for public education and continued scientific 

5 research opportunities. 

6 SEC. 2102. DEFINITIONS. 

7 In this subtitle: 

8 (1) MONUMENT.—The term ‘‘Monument’’ 

9 means the Prehistoric Trackways National Monu10 ment established by section 2103(a). 

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

12 has the meaning given the term ‘‘public lands’’ in 

13 section 103 of the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1702). 

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

16 the Secretary of the Interior. 

17 SEC. 2103. ESTABLISHMENT. 

18 (a) IN GENERAL.—In order to conserve, protect, and 

19 enhance the unique and nationally important paleontolog20 ical, scientific, educational, scenic, and recreational re21 sources and values of the public land described in sub22 section (b), there is established the Prehistoric Trackways 

23 National Monument in the State of New Mexico. 

24 (b) DESCRIPTION OF LAND.—The Monument shall 

25 consist of approximately 5,280 acres of public land in 


jbell on PROD1PC69 with BILLS
274 

•S 22 PCS

1 Don ̃a Ana County, New Mexico, as generally depicted on 

2 the map entitled ‘‘Prehistoric Trackways National Monu3 ment’’ and dated December 17, 2008. 

4 (c) MAP; LEGAL DESCRIPTION.— 

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

6 the date of enactment of this Act, the Secretary 

7 shall prepare and submit to Congress an official map 

8 and legal description of the Monument. 

9 (2) CORRECTIONS.—The map and legal descrip10 tion submitted under paragraph (1) shall have the 

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

12 except that the Secretary may correct any clerical or 

13 typographical errors in the legal description and the 

14 map. 

15 (3) CONFLICT BETWEEN MAP AND LEGAL DE16 SCRIPTION.—In the case of a conflict between the 

17 map and the legal description, the map shall control. 

18 (4) AVAILABILITY OF MAP AND LEGAL DE19 SCRIPTION.—Copies of the map and legal description 

20 shall be on file and available for public inspection in 

21 the appropriate offices of the Bureau of Land Man22 agement. 

23 (d) MINOR BOUNDARY ADJUSTMENTS.—If additional 

24 paleontological resources are discovered on public land ad25 jacent to the Monument after the date of enactment of 


jbell on PROD1PC69 with BILLS
275 

•S 22 PCS

1 this Act, the Secretary may make minor boundary adjust2 ments to the Monument to include the resources in the 

3 Monument. 

4 SEC. 2104. ADMINISTRATION. 

5 (a) MANAGEMENT.— 

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

7 the Monument— 

8 (A) in a manner that conserves, protects, 

9 and enhances the resources and values of the 

10 Monument, including the resources and values 

11 described in section 2103(a); and 

12 (B) in accordance with— 

13 (i) this subtitle; 

14 (ii) the Federal Land Policy and Man15 agement Act of 1976 (43 U.S.C. 1701 et 

16 seq.); and 

17 (iii) other applicable laws. 

18 (2) NATIONAL LANDSCAPE CONSERVATION SYS19 TEM.—The Monument shall be managed as a com20 ponent of the National Landscape Conservation Sys21 tem. 

22 (b) MANAGEMENT PLAN.— 

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

24 the date of enactment of this Act, the Secretary 

25 shall develop a comprehensive management plan for 


jbell on PROD1PC69 with BILLS
276 

•S 22 PCS

1 the long-term protection and management of the 

2 Monument. 

3 (2) COMPONENTS.—The management plan 

4 under paragraph (1)— 

5 (A) shall— 

6 (i) describe the appropriate uses and 

7 management of the Monument, consistent 

8 with the provisions of this subtitle; and 

9 (ii) allow for continued scientific re10 search at the Monument during the devel11 opment of the management plan; and 

12 (B) may— 

13 (i) incorporate any appropriate deci14 sions contained in any current manage15 ment or activity plan for the land described 

16 in section 2103(b); and 

17 (ii) use information developed in stud18 ies of any land within or adjacent to the 

19 Monument that were conducted before the 

20 date of enactment of this Act. 

21 (c) AUTHORIZED USES.—The Secretary shall only 

22 allow uses of the Monument that the Secretary determines 

23 would further the purposes for which the Monument has 

24 been established. 


jbell on PROD1PC69 with BILLS
277 

•S 22 PCS

1 (d) INTERPRETATION, EDUCATION, AND SCIENTIFIC

2 RESEARCH.— 

3 (1) IN GENERAL.—The Secretary shall provide 

4 for public interpretation of, and education and sci5 entific research on, the paleontological resources of 

6 the Monument, with priority given to exhibiting and 

7 curating the resources in Don ̃a Ana County, New 

8 Mexico. 

9 (2) COOPERATIVE AGREEMENTS.—The Sec10 retary may enter into cooperative agreements with 

11 appropriate public entities to carry out paragraph 

12 (1). 

13 (e) SPECIAL MANAGEMENT AREAS.— 

14 (1) IN GENERAL.—The establishment of the 

15 Monument shall not change the management status 

16 of any area within the boundary of the Monument 

17 that is— 

18 (A) designated as a wilderness study area 

19 and managed in accordance with section 603(c) 

20 of the Federal Land Policy and Management 

21 Act of 1976 (43 U.S.C. 1782(c)); or 

22 (B) managed as an area of critical environ23 ment concern. 

24 (2) CONFLICT OF LAWS.—If there is a conflict 

25 between the laws applicable to the areas described in 


jbell on PROD1PC69 with BILLS
278 

•S 22 PCS

1 paragraph (1) and this subtitle, the more restrictive 

2 provision shall control. 

3 (f) MOTORIZED VEHICLES.— 

4 (1) IN GENERAL.—Except as needed for admin5 istrative purposes or to respond to an emergency, 

6 the use of motorized vehicles in the Monument shall 

7 be allowed only on roads and trails designated for 

8 use by motorized vehicles under the management 

9 plan prepared under subsection (b). 

10 (2) PERMITTED EVENTS.—The Secretary may 

11 issue permits for special recreation events involving 

12 motorized vehicles within the boundaries of the 

13 Monument— 

14 (A) to the extent the events do not harm 

15 paleontological resources; and 

16 (B) subject to any terms and conditions 

17 that the Secretary determines to be necessary. 

18 (g) WITHDRAWALS.—Subject to valid existing rights, 

19 any Federal land within the Monument and any land or 

20 interest in land that is acquired by the United States for 

21 inclusion in the Monument after the date of enactment 

22 of this Act are withdrawn from— 

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

24 public land laws; 


jbell on PROD1PC69 with BILLS
279 

•S 22 PCS

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

2 laws; and 

3 (3) operation of the mineral leasing laws, geo4 thermal leasing laws, and minerals materials laws. 

5 (h) GRAZING.—The Secretary may allow grazing to 

6 continue in any area of the Monument in which grazing 

7 is allowed before the date of enactment of this Act, subject 

8 to applicable laws (including regulations). 

9 (i) WATER RIGHTS.—Nothing in this subtitle con10 stitutes an express or implied reservation by the United 

11 States of any water or water rights with respect to the 

12 Monument. 

13 SEC. 2105. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated such sums 

15 as are necessary to carry out this subtitle. 

16 Subtitle C—Fort Stanton-Snowy 

17 River Cave National Conserva18 tion Area 

19 SEC. 2201. DEFINITIONS. 

20 In this subtitle: 

21 (1) CONSERVATION AREA.—The term ‘‘Con22 servation Area’’ means the Fort Stanton-Snowy 

23 River Cave National Conservation Area established 

24 by section 2202(a). 


jbell on PROD1PC69 with BILLS
280 

•S 22 PCS

1 (2) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan developed 

3 for the Conservation Area under section 2203(c). 

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

5 the Secretary of the Interior, acting through the Di6 rector of the Bureau of Land Management. 

7 SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY 

8 RIVER CAVE NATIONAL CONSERVATION 

9 AREA. 

10 (a) ESTABLISHMENT; PURPOSES.—There is estab11 lished the Fort Stanton-Snowy River Cave National Con12 servation Area in Lincoln County, New Mexico, to protect, 

13 conserve, and enhance the unique and nationally impor14 tant historic, cultural, scientific, archaeological, natural, 

15 and educational subterranean cave resources of the Fort 

16 Stanton-Snowy River cave system. 

17 (b) AREA INCLUDED.—The Conservation Area shall 

18 include the area within the boundaries depicted on the 

19 map entitled ‘‘Fort Stanton-Snowy River Cave National 

20 Conservation Area’’ and dated December 15, 2008. 

21 (c) MAP AND LEGAL DESCRIPTION.— 

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

23 the date of enactment of this Act, the Secretary 

24 shall submit to Congress a map and legal description 

25 of the Conservation Area. 


jbell on PROD1PC69 with BILLS
281 

•S 22 PCS

1 (2) EFFECT.—The map and legal description of 

2 the Conservation Area shall have the same force and 

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

4 Secretary may correct any minor errors in the map 

5 and legal description. 

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

7 description of the Conservation Area shall be avail8 able for public inspection in the appropriate offices 

9 of the Bureau of Land Management. 

10 SEC. 2203. MANAGEMENT OF THE CONSERVATION AREA. 

11 (a) MANAGEMENT.— 

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

13 the Conservation Area— 

14 (A) in a manner that conserves, protects, 

15 and enhances the resources and values of the 

16 Conservation Area, including the resources and 

17 values described in section 2202(a); and 

18 (B) in accordance with— 

19 (i) this subtitle; 

20 (ii) the Federal Land Policy and Man21 agement Act of 1976 (43 U.S.C. 1701 et 

22 seq.); and 

23 (iii) any other applicable laws. 


jbell on PROD1PC69 with BILLS
282 

•S 22 PCS

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

2 of the Conservation Area that are consistent with 

3 the protection of the cave resources. 

4 (3) REQUIREMENTS.—In administering the 

5 Conservation Area, the Secretary shall provide for— 

6 (A) the conservation and protection of the 

7 natural and unique features and environs for 

8 scientific, educational, and other appropriate 

9 public uses of the Conservation Area; 

10 (B) public access, as appropriate, while 

11 providing for the protection of the cave re12 sources and for public safety; 

13 (C) the continuation of other existing uses 

14 or other new uses of the Conservation Area that 

15 do not impair the purposes for which the Con16 servation Area is established; 

17 (D) management of the surface area of the 

18 Conservation Area in accordance with the Fort 

19 Stanton Area of Critical Environmental Con20 cern Final Activity Plan dated March, 2001, or 

21 any amendments to the plan, consistent with 

22 this subtitle; and 

23 (E) scientific investigation and research 

24 opportunities within the Conservation Area, in25 cluding through partnerships with colleges, uniVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
283 

•S 22 PCS

1 versities, schools, scientific institutions, re2 searchers, and scientists to conduct research 

3 and provide educational and interpretive serv4 ices within the Conservation Area. 

5 (b) WITHDRAWALS.—Subject to valid existing rights, 

6 all Federal surface and subsurface land within the Con7 servation Area and all land and interests in the land that 

8 are acquired by the United States after the date of enact9 ment of this Act for inclusion in the Conservation Area, 

10 are withdrawn from— 

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

12 under the general land laws; 

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

14 laws; and 

15 (3) operation under the mineral leasing and 

16 geothermal leasing laws. 

17 (c) MANAGEMENT PLAN.— 

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

19 the date of enactment of this Act, the Secretary 

20 shall develop a comprehensive plan for the long-term 

21 management of the Conservation Area. 

22 (2) PURPOSES.—The management plan shall— 

23 (A) describe the appropriate uses and 

24 management of the Conservation Area; 


jbell on PROD1PC69 with BILLS
284 

•S 22 PCS

1 (B) incorporate, as appropriate, decisions 

2 contained in any other management or activity 

3 plan for the land within or adjacent to the Con4 servation Area; 

5 (C) take into consideration any informa6 tion developed in studies of the land and re7 sources within or adjacent to the Conservation 

8 Area; and 

9 (D) provide for a cooperative agreement 

10 with Lincoln County, New Mexico, to address 

11 the historical involvement of the local commu12 nity in the interpretation and protection of the 

13 resources of the Conservation Area. 

14 (d) RESEARCH AND INTERPRETIVE FACILITIES.— 

15 (1) IN GENERAL.—The Secretary may establish 

16 facilities for— 

17 (A) the conduct of scientific research; and 

18 (B) the interpretation of the historical, cul19 tural, scientific, archaeological, natural, and 

20 educational resources of the Conservation Area. 

21 (2) COOPERATIVE AGREEMENTS.—The Sec22 retary may, in a manner consistent with this sub23 title, enter into cooperative agreements with the 

24 State of New Mexico and other institutions and orVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
285 

•S 22 PCS

1 ganizations to carry out the purposes of this sub2 title. 

3 (e) WATER RIGHTS.—Nothing in this subtitle con4 stitutes an express or implied reservation of any water 

5 right. 

6 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated such sums 

8 as are necessary to carry out this subtitle. 

9 Subtitle D—Snake River Birds of 

10 Prey National Conservation Area 

11 SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CON12 SERVATION AREA. 

13 (a) RENAMING.—Public Law 103–64 is amended— 

14 (1) in section 2(2) (16 U.S.C. 460iii–1(2)), by 

15 inserting ‘‘Morley Nelson’’ before ‘‘Snake River 

16 Birds of Prey National Conservation Area’’; and 

17 (2) in section 3(a)(1) (16 U.S.C. 460iii– 

18 2(a)(1)), by inserting ‘‘Morley Nelson’’ before 

19 ‘‘Snake River Birds of Prey National Conservation 

20 Area’’. 

21 (b) REFERENCES.—Any reference in a law, map, reg22 ulation, document, paper, or other record of the United 

23 States to the Snake River Birds of Prey National Con24 servation Area shall be deemed to be a reference to the 


jbell on PROD1PC69 with BILLS
286 

•S 22 PCS

1 Morley Nelson Snake River Birds of Prey National Con2 servation Area. 

3 (c) TECHNICAL CORRECTIONS.—Public Law 103–64 

4 is further amended— 

5 (1) in section 3(a)(1) (16 U.S.C. 460iii– 

6 2(a)(1)), by striking ‘‘(hereafter referred to as the 

7 ‘conservation area’)’’; and 

8 (2) in section 4 (16 U.S.C. 460iii–3)— 

9 (A) in subsection (a)(2), by striking ‘‘Con10 servation Area’’ and inserting ‘‘conservation 

11 area’’; and 

12 (B) in subsection (d), by striking ‘‘Visitors 

13 Center’’ and inserting ‘‘visitors center’’. 

14 Subtitle E—Dominguez-Escalante 

15 National Conservation Area 

16 SEC. 2401. DEFINITIONS. 

17 In this subtitle: 

18 (1) CONSERVATION AREA.—The term ‘‘Con19 servation Area’’ means the Dominguez-Escalante 

20 National Conservation Area established by section 

21 2402(a)(1). 

22 (2) COUNCIL.—The term ‘‘Council’’ means the 

23 Dominguez-Escalante National Conservation Area 

24 Advisory Council established under section 2407. 


jbell on PROD1PC69 with BILLS
287 

•S 22 PCS

1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan developed 

3 under section 2406. 

4 (4) MAP.—The term ‘‘Map’’ means the map en5 titled ‘‘Dominguez-Escalante National Conservation 

6 Area’’ and dated September 15, 2008. 

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

8 the Secretary of the Interior. 

9 (6) STATE.—The term ‘‘State’’ means the State 

10 of Colorado. 

11 (7) WILDERNESS.—The term ‘‘Wilderness’’ 

12 means the Dominguez Canyon Wilderness Area des13 ignated by section 2403(a). 

14 SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL CONSERVA15 TION AREA. 

16 (a) ESTABLISHMENT.— 

17 (1) IN GENERAL.—There is established the 

18 Dominguez-Escalante National Conservation Area in 

19 the State. 

20 (2) AREA INCLUDED.—The Conservation Area 

21 shall consist of approximately 209,610 acres of pub22 lic land, as generally depicted on the Map. 

23 (b) PURPOSES.—The purposes of the Conservation 

24 Area are to conserve and protect for the benefit and enjoy25 ment of present and future generations— 


jbell on PROD1PC69 with BILLS
288 

•S 22 PCS

1 (1) the unique and important resources and val2 ues of the land, including the geological, cultural, ar3 chaeological, paleontological, natural, scientific, rec4 reational, wilderness, wildlife, riparian, historical, 

5 educational, and scenic resources of the public land; 

6 and 

7 (2) the water resources of area streams, based 

8 on seasonally available flows, that are necessary to 

9 support aquatic, riparian, and terrestrial species and 

10 communities. 

11 (c) MANAGEMENT.— 

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

13 the Conservation Area— 

14 (A) as a component of the National Land15 scape Conservation System; 

16 (B) in a manner that conserves, protects, 

17 and enhances the resources and values of the 

18 Conservation Area described in subsection (b); 

19 and 

20 (C) 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 subtitle; and 

25 (iii) any other applicable laws. 


jbell on PROD1PC69 with BILLS
289 

•S 22 PCS

1 (2) USES.— 

2 (A) IN GENERAL.—The Secretary shall 

3 allow only such uses of the Conservation Area 

4 as the Secretary determines would further the 

5 purposes for which the Conservation Area is es6 tablished. 

7 (B) USE OF MOTORIZED VEHICLES.— 

8 (i) IN GENERAL.—Except as provided 

9 in clauses (ii) and (iii), use of motorized 

10 vehicles in the Conservation Area shall be 

11 allowed— 

12 (I) before the effective date of 

13 the management plan, only on roads 

14 and trails designated for use of motor 

15 vehicles in the management plan that 

16 applies on the date of the enactment 

17 of this Act to the public land in the 

18 Conservation Area; and 

19 (II) after the effective date of the 

20 management plan, only on roads and 

21 trails designated in the management 

22 plan for the use of motor vehicles. 

23 (ii) ADMINISTRATIVE AND EMER24 GENCY RESPONSE USE.—Clause (i) shall 

25 not limit the use of motor vehicles in the 


jbell on PROD1PC69 with BILLS
290 

•S 22 PCS

1 Conservation Area for administrative pur2 poses or to respond to an emergency. 

3 (iii) LIMITATION.—This subparagraph 

4 shall not apply to the Wilderness. 

5 SEC. 2403. DOMINGUEZ CANYON WILDERNESS AREA. 

6 (a) IN GENERAL.—In accordance with the Wilderness 

7 Act (16 U.S.C. 1131 et seq.), the approximately 66,280 

8 acres of public land in Mesa, Montrose, and Delta Coun9 ties, Colorado, as generally depicted on the Map, is des10 ignated as wilderness and as a component of the National 

11 Wilderness Preservation System, to be known as the 

12 ‘‘Dominguez Canyon Wilderness Area’’. 

13 (b) ADMINISTRATION OF WILDERNESS.—The Wilder14 ness shall be managed by the Secretary in accordance with 

15 the Wilderness Act (16 U.S.C. 1131 et seq.) and this sub16 title, except that— 

17 (1) any reference in the Wilderness Act to the 

18 effective date of that Act shall be considered to be 

19 a reference to the date of enactment of this Act; and 

20 (2) any reference in the Wilderness Act to the 

21 Secretary of Agriculture shall be considered to be a 

22 reference to the Secretary of the Interior. 

23 SEC. 2404. MAPS AND LEGAL DESCRIPTIONS. 

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

25 date of enactment of this Act, the Secretary shall file a 


jbell on PROD1PC69 with BILLS
291 

•S 22 PCS

1 map and a legal description of the Conservation Area and 

2 the Wilderness with— 

3 (1) the Committee on Energy and Natural Re4 sources of the Senate; and 

5 (2) the Committee on Natural Resources of the 

6 House of Representatives. 

7 (b) FORCE AND EFFECT.—The Map and legal de8 scriptions filed under subsection (a) shall have the same 

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

10 the Secretary may correct clerical and typographical er11 rors in the Map and legal descriptions. 

12 (c) PUBLIC AVAILABILITY.—The Map and legal de13 scriptions filed under subsection (a) shall be available for 

14 public inspection in the appropriate offices of the Bureau 

15 of Land Management. 

16 SEC. 2405. MANAGEMENT OF CONSERVATION AREA AND 

17 WILDERNESS. 

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

19 all Federal land within the Conservation Area and the Wil20 derness and all land and interests in land acquired by the 

21 United States within the Conservation Area or the Wilder22 ness is withdrawn from— 

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

24 under the public land laws; 


jbell on PROD1PC69 with BILLS
292 

•S 22 PCS

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

2 laws; and 

3 (3) operation of the mineral leasing, mineral 

4 materials, and geothermal leasing laws. 

5 (b) GRAZING.— 

6 (1) GRAZING IN CONSERVATION AREA.—Except 

7 as provided in paragraph (2), the Secretary shall 

8 issue and administer any grazing leases or permits 

9 in the Conservation Area in accordance with the 

10 laws (including regulations) applicable to the 

11 issuance and administration of such leases and per12 mits on other land under the jurisdiction of the Bu13 reau of Land Management. 

14 (2) GRAZING IN WILDERNESS.—The grazing of 

15 livestock in the Wilderness, if established as of the 

16 date of enactment of this Act, shall be permitted to 

17 continue— 

18 (A) subject to any reasonable regulations, 

19 policies, and practices that the Secretary deter20 mines to be 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 


jbell on PROD1PC69 with BILLS
293 

•S 22 PCS

1 Interior and Insular Affairs of the House 

2 of Representatives accompanying H.R. 

3 2570 of the 101st Congress (H. Rept. 

4 101–405). 

5 (c) NO BUFFER ZONES.— 

6 (1) IN GENERAL.—Nothing in this subtitle cre7 ates a protective perimeter or buffer zone around the 

8 Conservation Area. 

9 (2) ACTIVITIES OUTSIDE CONSERVATION

10 AREA.—The fact that an activity or use on land out11 side the Conservation Area can be seen or heard 

12 within the Conservation Area shall not preclude the 

13 activity or use outside the boundary of the Conserva14 tion Area. 

15 (d) ACQUISITION OF LAND.— 

16 (1) IN GENERAL.—The Secretary may acquire 

17 non-Federal land within the boundaries of the Con18 servation Area or the Wilderness only through ex19 change, donation, or purchase from a willing seller. 

20 (2) MANAGEMENT.—Land acquired under para21 graph (1) shall— 

22 (A) become part of the Conservation Area 

23 and, if applicable, the Wilderness; and 

24 (B) be managed in accordance with this 

25 subtitle and any other applicable laws. 


jbell on PROD1PC69 with BILLS
294 

•S 22 PCS

1 (e) FIRE, INSECTS, AND DISEASES.—Subject to such 

2 terms and conditions as the Secretary determines to be 

3 desirable and appropriate, the Secretary may undertake 

4 such measures as are necessary to control fire, insects, 

5 and diseases— 

6 (1) in the Wilderness, in accordance with sec7 tion 4(d)(1) of the Wilderness Act (16 U.S.C. 

8 1133(d)(1)); and 

9 (2) except as provided in paragraph (1), in the 

10 Conservation Area in accordance with this subtitle 

11 and any other applicable laws. 

12 (f) ACCESS.—The Secretary shall continue to provide 

13 private landowners adequate access to inholdings in the 

14 Conservation Area. 

15 (g) INVASIVE SPECIES AND NOXIOUS WEEDS.—In 

16 accordance with any applicable laws and subject to such 

17 terms and conditions as the Secretary determines to be 

18 desirable and appropriate, the Secretary may prescribe 

19 measures to control nonnative invasive plants and noxious 

20 weeds within the Conservation Area. 

21 (h) WATER RIGHTS.— 

22 (1) EFFECT.—Nothing in this subtitle— 

23 (A) affects the use or allocation, in exist24 ence on the date of enactment of this Act, of 

25 any water, water right, or interest in water; 


jbell on PROD1PC69 with BILLS
295 

•S 22 PCS

1 (B) affects any vested absolute or decreed 

2 conditional water right in existence on the date 

3 of enactment of this Act, including any water 

4 right held by the United States; 

5 (C) affects any interstate water compact in 

6 existence on the date of enactment of this Act; 

7 (D) authorizes or imposes any new re8 served Federal water rights; or 

9 (E) shall be considered to be a relinquish10 ment or reduction of any water rights reserved 

11 or appropriated by the United States in the 

12 State on or before the date of enactment of this 

13 Act. 

14 (2) WILDERNESS WATER RIGHTS.— 

15 (A) IN GENERAL.—The Secretary shall en16 sure that any water rights within the Wilder17 ness required to fulfill the purposes of the Wil18 derness are secured in accordance with sub19 paragraphs (B) through (G). 

20 (B) STATE LAW.— 

21 (i) PROCEDURAL REQUIREMENTS.— 

22 Any water rights within the Wilderness for 

23 which the Secretary pursues adjudication 

24 shall be adjudicated, changed, and admin25 istered in accordance with the procedural 


jbell on PROD1PC69 with BILLS
296 

•S 22 PCS

1 requirements and priority system of State 

2 law. 

3 (ii) ESTABLISHMENT OF WATER

4 RIGHTS.— 

5 (I) IN GENERAL.—Except as pro6 vided in subclause (II), the purposes 

7 and other substantive characteristics 

8 of the water rights pursued under this 

9 paragraph shall be established in ac10 cordance with State law. 

11 (II) EXCEPTION.—Notwith12 standing subclause (I) and in accord13 ance with this subtitle, the Secretary 

14 may appropriate and seek adjudica15 tion of water rights to maintain sur16 face water levels and stream flows on 

17 and across the Wilderness to fulfill 

18 the purposes of the Wilderness. 

19 (C) DEADLINE.—The Secretary shall 

20 promptly, but not earlier than January 2009, 

21 appropriate the water rights required to fulfill 

22 the purposes of the Wilderness. 

23 (D) REQUIRED DETERMINATION.—The 

24 Secretary shall not pursue adjudication for any 

25 instream flow water rights unless the Secretary 


jbell on PROD1PC69 with BILLS
297 

•S 22 PCS

1 makes a determination pursuant to subpara2 graph (E)(ii) or (F). 

3 (E) COOPERATIVE ENFORCEMENT.— 

4 (i) IN GENERAL.—The Secretary shall 

5 not pursue adjudication of any Federal 

6 instream flow water rights established 

7 under this paragraph if— 

8 (I) the Secretary determines, 

9 upon adjudication of the water rights 

10 by the Colorado Water Conservation 

11 Board, that the Board holds water 

12 rights sufficient in priority, amount, 

13 and timing to fulfill the purposes of 

14 the Wilderness; and 

15 (II) the Secretary has entered 

16 into a perpetual agreement with the 

17 Colorado Water Conservation Board 

18 to ensure the full exercise, protection, 

19 and enforcement of the State water 

20 rights within the Wilderness to reli21 ably fulfill the purposes of the Wilder22 ness. 

23 (ii) ADJUDICATION.—If the Secretary 

24 determines that the provisions of clause (i) 

25 have not been met, the Secretary shall adVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
298 

•S 22 PCS

1 judicate and exercise any Federal water 

2 rights required to fulfill the purposes of 

3 the Wilderness in accordance with this 

4 paragraph. 

5 (F) INSUFFICIENT WATER RIGHTS.—If the 

6 Colorado Water Conservation Board modifies 

7 the instream flow water rights obtained under 

8 subparagraph (E) to such a degree that the 

9 Secretary determines that water rights held by 

10 the State are insufficient to fulfill the purposes 

11 of the Wilderness, the Secretary shall adju12 dicate and exercise Federal water rights re13 quired to fulfill the purposes of the Wilderness 

14 in accordance with subparagraph (B). 

15 (G) FAILURE TO COMPLY.—The Secretary 

16 shall promptly act to exercise and enforce the 

17 water rights described in subparagraph (E) if 

18 the Secretary determines that— 

19 (i) the State is not exercising its 

20 water rights consistent with subparagraph 

21 (E)(i)(I); or 

22 (ii) the agreement described in sub23 paragraph (E)(i)(II) is not fulfilled or com24 plied with sufficiently to fulfill the pur25 poses of the Wilderness. 


jbell on PROD1PC69 with BILLS
299 

•S 22 PCS

1 (3) WATER RESOURCE FACILITY.— 

2 (A) IN GENERAL.—Notwithstanding any 

3 other provision of law and subject to subpara4 graph (B), beginning on the date of enactment 

5 of this Act, neither the President nor any other 

6 officer, employee, or agent of the United States 

7 shall fund, assist, authorize, or issue a license 

8 or permit for the development of any new irri9 gation and pumping facility, reservoir, water 

10 conservation work, aqueduct, canal, ditch, pipe11 line, well, hydropower project, transmission, 

12 other ancillary facility, or other water, diver13 sion, storage, or carriage structure in the Wil14 derness. 

15 (B) EXCEPTION.—Notwithstanding sub16 paragraph (A), the Secretary may allow con17 struction of new livestock watering facilities 

18 within the Wilderness in accordance with— 

19 (i) section 4(d)(4) of the Wilderness 

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

21 (ii) the guidelines set forth in Appen22 dix A of the report of the Committee on 

23 Interior and Insular Affairs of the House 

24 of Representatives accompanying H.R. 


jbell on PROD1PC69 with BILLS
300 

•S 22 PCS

1 2570 of the 101st Congress (H. Rept. 

2 101–405). 

3 (4) CONSERVATION AREA WATER RIGHTS.— 

4 With respect to water within the Conservation Area, 

5 nothing in this subtitle— 

6 (A) authorizes any Federal agency to ap7 propriate or otherwise acquire any water right 

8 on the mainstem of the Gunnison River; or 

9 (B) prevents the State from appropriating 

10 or acquiring, or requires the State to appro11 priate or acquire, an instream flow water right 

12 on the mainstem of the Gunnison River. 

13 (5) WILDERNESS BOUNDARIES ALONG GUNNI14 SON RIVER.— 

15 (A) IN GENERAL.—In areas in which the 

16 Gunnison River is used as a reference for defin17 ing the boundary of the Wilderness, the bound18 ary shall— 

19 (i) be located at the edge of the river; 

20 and 

21 (ii) change according to the river 

22 level. 

23 (B) EXCLUSION FROM WILDERNESS.—Re24 gardless of the level of the Gunnison River, no 


jbell on PROD1PC69 with BILLS
301 

•S 22 PCS

1 portion of the Gunnison River is included in the 

2 Wilderness. 

3 (i) EFFECT.—Nothing in this subtitle— 

4 (1) diminishes the jurisdiction of the State with 

5 respect to fish and wildlife in the State; or 

6 (2) imposes any Federal water quality standard 

7 upstream of the Conservation Area or within the 

8 mainstem of the Gunnison River that is more re9 strictive than would be applicable had the Conserva10 tion Area not been established. 

11 (j) VALID EXISTING RIGHTS.—The designation of 

12 the Conservation Area and Wilderness is subject to valid 

13 rights in existence on the date of enactment of this Act. 

14 SEC. 2406. MANAGEMENT PLAN. 

15 (a) IN GENERAL.—Not later than 3 years after the 

16 date of enactment of this Act, the Secretary shall develop 

17 a comprehensive management plan for the long-term pro18 tection and management of the Conservation Area. 

19 (b) PURPOSES.—The management plan shall— 

20 (1) describe the appropriate uses and manage21 ment of the Conservation Area; 

22 (2) be developed with extensive public input; 

23 (3) take into consideration any information de24 veloped in studies of the land within the Conserva25 tion Area; and 


jbell on PROD1PC69 with BILLS
302 

•S 22 PCS

1 (4) include a comprehensive travel management 

2 plan. 

3 SEC. 2407. ADVISORY COUNCIL. 

4 (a) ESTABLISHMENT.—Not later than 180 days after 

5 the date of enactment of this Act, the Secretary shall es6 tablish an advisory council, to be known as the 

7 ‘‘Dominguez-Escalante National Conservation Area Advi8 sory Council’’. 

9 (b) DUTIES.—The Council shall advise the Secretary 

10 with respect to the preparation and implementation of the 

11 management plan. 

12 (c) APPLICABLE LAW.—The Council shall be subject 

13 to— 

14 (1) the Federal Advisory Committee Act (5 

15 U.S.C. App.); and 

16 (2) the Federal Land Policy and Management 

17 Act of 1976 (43 U.S.C. 1701 et seq.). 

18 (d) MEMBERS.—The Council shall include 10 mem19 bers to be appointed by the Secretary, of whom, to the 

20 extent practicable— 

21 (1) 1 member shall be appointed after consid22 ering the recommendations of the Mesa County 

23 Commission; 


jbell on PROD1PC69 with BILLS
303 

•S 22 PCS

1 (2) 1 member shall be appointed after consid2 ering the recommendations of the Montrose County 

3 Commission; 

4 (3) 1 member shall be appointed after consid5 ering the recommendations of the Delta County 

6 Commission; 

7 (4) 1 member shall be appointed after consid8 ering the recommendations of the permittees holding 

9 grazing allotments within the Conservation Area or 

10 the Wilderness; and 

11 (5) 5 members shall reside in, or within reason12 able proximity to, Mesa County, Delta County, or 

13 Montrose County, Colorado, with backgrounds that 

14 reflect— 

15 (A) the purposes for which the Conserva16 tion Area or Wilderness was established; and 

17 (B) the interests of the stakeholders that 

18 are affected by the planning and management 

19 of the Conservation Area and Wilderness. 

20 (e) REPRESENTATION.—The Secretary shall ensure 

21 that the membership of the Council is fairly balanced in 

22 terms of the points of view represented and the functions 

23 to be performed by the Council. 


jbell on PROD1PC69 with BILLS
304 

•S 22 PCS

1 (f) DURATION.—The Council shall terminate on the 

2 date that is 1 year from the date on which the manage3 ment plan is adopted by the Secretary. 

4 SEC. 2408. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated such sums 

6 as are necessary to carry out this subtitle. 

7 Subtitle F—Rio Puerco Watershed 

8 Management Program 

9 SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PRO10 GRAM. 

11 (a) RIO PUERCO MANAGEMENT COMMITTEE.—Sec12 tion 401(b) of the Omnibus Parks and Public Lands Man13 agement Act of 1996 (Public Law 104–333; 110 Stat. 

14 4147) is amended— 

15 (1) in paragraph (2)— 

16 (A) by redesignating subparagraphs (I) 

17 through (N) as subparagraphs (J) through (O), 

18 respectively; and 

19 (B) by inserting after subparagraph (H) 

20 the following: 

21 ‘‘(I) the Environmental Protection Agen22 cy;’’; and 

23 (2) in paragraph (4), by striking ‘‘enactment of 

24 this Act’’ and inserting ‘‘enactment of the Omnibus 

25 Public Land Management Act of 2009’’. 


jbell on PROD1PC69 with BILLS
305 

•S 22 PCS

1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 401(e) of the Omnibus Parks and Public Lands Manage3 ment Act of 1996 (Public Law 104–333; 110 Stat. 4148) 

4 is amended by striking ‘‘enactment of this Act’’ and in5 serting ‘‘enactment of the Omnibus Public Land Manage6 ment Act of 2009’’. 

7 Subtitle G—Land Conveyances and 

8 Exchanges 

9 SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES. 

10 (a) DEFINITIONS.—In this section: 

11 (1) CITY.—The term ‘‘City’’ means Carson City 

12 Consolidated Municipality, Nevada. 

13 (2) MAP.—The term ‘‘Map’’ means the map en14 titled ‘‘Carson City, Nevada Area’’, dated November 

15 7, 2008, and on file and available for public inspec16 tion in the appropriate offices of— 

17 (A) the Bureau of Land Management; 

18 (B) the Forest Service; and 

19 (C) the City. 

20 (3) SECRETARY.—The term ‘‘Secretary’’ 

21 means— 

22 (A) with respect to land in the National 

23 Forest System, the Secretary of Agriculture, 

24 acting through the Chief of the Forest Service; 

25 and 


jbell on PROD1PC69 with BILLS
306 

•S 22 PCS

1 (B) with respect to other Federal land, the 

2 Secretary of the Interior. 

3 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

4 means the Secretary of Agriculture and the Sec5 retary of the Interior, acting jointly. 

6 (5) TRIBE.—The term ‘‘Tribe’’ means the 

7 Washoe Tribe of Nevada and California, which is a 

8 federally recognized Indian tribe. 

9 (b) CONVEYANCES OF FEDERAL LAND AND CITY

10 LAND.— 

11 (1) IN GENERAL.—Notwithstanding section 202 

12 of the Federal Land Policy and Management Act of 

13 1976 (43 U.S.C. 1712), if the City offers to convey 

14 to the United States title to the non-Federal land 

15 described in paragraph (2)(A) that is acceptable to 

16 the Secretary of Agriculture— 

17 (A) the Secretary shall accept the offer; 

18 and 

19 (B) not later than 180 days after the date 

20 on which the Secretary receives acceptable title 

21 to the non-Federal land described in paragraph 

22 (2)(A), the Secretaries shall convey to the City, 

23 subject to valid existing rights and for no con24 sideration, except as provided in paragraph 

25 (3)(A), all right, title, and interest of the 


jbell on PROD1PC69 with BILLS
307 

•S 22 PCS

1 United States in and to the Federal land (other 

2 than any easement reserved under paragraph 

3 (3)(B)) or interest in land described in para4 graph (2)(B). 

5 (2) DESCRIPTION OF LAND.— 

6 (A) NON-FEDERAL LAND.—The non-Fed7 eral land referred to in paragraph (1) is the ap8 proximately 2,264 acres of land administered by 

9 the City and identified on the Map as ‘‘To U.S. 

10 Forest Service’’. 

11 (B) FEDERAL LAND.—The Federal land 

12 referred to in paragraph (1)(B) is— 

13 (i) the approximately 935 acres of 

14 Forest Service land identified on the Map 

15 as ‘‘To Carson City for Natural Areas’’; 

16 (ii) the approximately 3,604 acres of 

17 Bureau of Land Management land identi18 fied on the Map as ‘‘Silver Saddle Ranch 

19 and Carson River Area’’; 

20 (iii) the approximately 1,848 acres of 

21 Bureau of Land Management land identi22 fied on the Map as ‘‘To Carson City for 

23 Parks and Public Purposes’’; and 

24 (iv) the approximately 75 acres of 

25 City land in which the Bureau of Land 


jbell on PROD1PC69 with BILLS
308 

•S 22 PCS

1 Management has a reversionary interest 

2 that is identified on the Map as ‘‘Rever3 sionary Interest of the United States Re4 leased’’. 

5 (3) CONDITIONS.— 

6 (A) CONSIDERATION.—Before the convey7 ance of the 62–acre Bernhard parcel to the 

8 City, the City shall deposit in the special ac9 count established by subsection (e)(2)(A) an 

10 amount equal to 25 percent of the difference 

11 between— 

12 (i) the amount for which the Bern13 hard parcel was purchased by the City on 

14 July 18, 2001; and 

15 (ii) the amount for which the Bern16 hard parcel was purchased by the Sec17 retary on March 24, 2006. 

18 (B) CONSERVATION EASEMENT.—As a 

19 condition of the conveyance of the land de20 scribed in paragraph (2)(B)(ii), the Secretary, 

21 in consultation with Carson City and affected 

22 local interests, shall reserve a perpetual con23 servation easement to the land to protect, pre24 serve, and enhance the conservation values of 

25 the land, consistent with paragraph (4)(B). 


jbell on PROD1PC69 with BILLS
309 

•S 22 PCS

1 (C) COSTS.—Any costs relating to the con2 veyance under paragraph (1), including any 

3 costs for surveys and other administrative costs, 

4 shall be paid by the recipient of the land being 

5 conveyed. 

6 (4) USE OF LAND.— 

7 (A) NATURAL AREAS.— 

8 (i) IN GENERAL.—Except as provided 

9 in clause (ii), the land described in para10 graph (2)(B)(i) shall be managed by the 

11 City to maintain undeveloped open space 

12 and to preserve the natural characteristics 

13 of the land in perpetuity. 

14 (ii) EXCEPTION.—Notwithstanding 

15 clause (i), the City may— 

16 (I) conduct projects on the land 

17 to reduce fuels; 

18 (II) construct and maintain 

19 trails, trailhead facilities, and any in20 frastructure on the land that is re21 quired for municipal water and flood 

22 management activities; and 

23 (III) maintain or reconstruct any 

24 improvements on the land that are in 


jbell on PROD1PC69 with BILLS
310 

•S 22 PCS

1 existence on the date of enactment of 

2 this Act. 

3 (B) SILVER SADDLE RANCH AND CARSON

4 RIVER AREA.— 

5 (i) IN GENERAL.—Except as provided 

6 in clause (ii), the land described in para7 graph (2)(B)(ii) shall— 

8 (I) be managed by the City to 

9 protect and enhance the Carson River, 

10 the floodplain and surrounding up11 land, and important wildlife habitat; 

12 and 

13 (II) be used for undeveloped open 

14 space, passive recreation, customary 

15 agricultural practices, and wildlife 

16 protection. 

17 (ii) EXCEPTION.—Notwithstanding 

18 clause (i), the City may— 

19 (I) construct and maintain trails 

20 and trailhead facilities on the land; 

21 (II) conduct projects on the land 

22 to reduce fuels; 

23 (III) maintain or reconstruct any 

24 improvements on the land that are in 


jbell on PROD1PC69 with BILLS
311 

•S 22 PCS

1 existence on the date of enactment of 

2 this Act; and 

3 (IV) allow the use of motorized 

4 vehicles on designated roads, trails, 

5 and areas in the south end of Prison 

6 Hill. 

7 (C) PARKS AND PUBLIC PURPOSES.—The 

8 land described in paragraph (2)(B)(iii) shall be 

9 managed by the City for— 

10 (i) undeveloped open space; and 

11 (ii) recreation or other public pur12 poses consistent with the Act of June 14, 

13 1926 (commonly known as the ‘‘Recreation 

14 and Public Purposes Act’’) (43 U.S.C. 869 

15 et seq.). 

16 (D) REVERSIONARY INTEREST.— 

17 (i) RELEASE.—The reversionary inter18 est described in paragraph (2)(B)(iv) shall 

19 terminate on the date of enactment of this 

20 Act. 

21 (ii) CONVEYANCE BY CITY.— 

22 (I) IN GENERAL.—If the City 

23 sells, leases, or otherwise conveys any 

24 portion of the land described in paraVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
312 

•S 22 PCS

1 graph (2)(B)(iv), the sale, lease, or 

2 conveyance of land shall be— 

3 (aa) through a competitive 

4 bidding process; and 

5 (bb) except as provided in 

6 subclause (II), for not less than 

7 fair market value. 

8 (II) CONVEYANCE TO GOVERN9 MENT OR NONPROFIT.—A sale, lease, 

10 or conveyance of land described in 

11 paragraph (2)(B)(iv) to the Federal 

12 Government, a State government, a 

13 unit of local government, or a non14 profit organization shall be for consid15 eration in an amount equal to the 

16 price established by the Secretary of 

17 the Interior under section 2741 of 

18 title 43, Code of Federal Regulation 

19 (or successor regulations). 

20 (III) DISPOSITION OF PRO21 CEEDS.—The gross proceeds from the 

22 sale, lease, or conveyance of land 

23 under subclause (I) shall be distrib24 uted in accordance with subsection 

25 (e)(1). 


jbell on PROD1PC69 with BILLS
313 

•S 22 PCS

1 (5) REVERSION.—If land conveyed under para2 graph (1) is used in a manner that is inconsistent 

3 with the uses described in subparagraph (A), (B), 

4 (C), or (D) of paragraph (4), the land shall, at the 

5 discretion of the Secretary, revert to the United 

6 States. 

7 (6) MISCELLANEOUS PROVISIONS.— 

8 (A) IN GENERAL.—On conveyance of the 

9 non-Federal land under paragraph (1) to the 

10 Secretary of Agriculture, the non-Federal land 

11 shall— 

12 (i) become part of the Humboldt13 Toiyabe National Forest; and 

14 (ii) be administered in accordance 

15 with the laws (including the regulations) 

16 and rules generally applicable to the Na17 tional Forest System. 

18 (B) MANAGEMENT PLAN.—The Secretary 

19 of Agriculture, in consultation with the City 

20 and other interested parties, may develop and 

21 implement a management plan for National 

22 Forest System land that ensures the protection 

23 and stabilization of the National Forest System 

24 land to minimize the impacts of flooding on the 

25 City. 


jbell on PROD1PC69 with BILLS
314 

•S 22 PCS

1 (7) CONVEYANCE TO BUREAU OF LAND MAN2 AGEMENT.— 

3 (A) IN GENERAL.—If the City offers to 

4 convey to the United States title to the non5 Federal land described in subparagraph (B) 

6 that is acceptable to the Secretary of the Inte7 rior, the land shall, at the discretion of the Sec8 retary, be conveyed to the United States. 

9 (B) DESCRIPTION OF LAND.—The non10 Federal land referred to in subparagraph (A) is 

11 the approximately 46 acres of land adminis12 tered by the City and identified on the Map as 

13 ‘‘To Bureau of Land Management’’. 

14 (C) COSTS.—Any costs relating to the con15 veyance under subparagraph (A), including any 

16 costs for surveys and other administrative costs, 

17 shall be paid by the Secretary of the Interior. 

18 (c) TRANSFER OF ADMINISTRATIVE JURISDICTION

19 FROM THE FOREST SERVICE TO THE BUREAU OF LAND

20 MANAGEMENT.— 

21 (1) IN GENERAL.—Administrative jurisdiction 

22 over the approximately 50 acres of Forest Service 

23 land identified on the Map as ‘‘Parcel #1’’ is trans24 ferred, from the Secretary of Agriculture to the Sec25 retary of the Interior. 


jbell on PROD1PC69 with BILLS
315 

•S 22 PCS

1 (2) COSTS.—Any costs relating to the transfer 

2 under paragraph (1), including any costs for surveys 

3 and other administrative costs, shall be paid by the 

4 Secretary of the Interior. 

5 (3) USE OF LAND.— 

6 (A) RIGHT-OF-WAY.—Not later than 120 

7 days after the date of enactment of this Act, 

8 the Secretary of the Interior shall grant to the 

9 City a right-of-way for the maintenance of flood 

10 management facilities located on the land. 

11 (B) DISPOSAL.—The land referred to in 

12 paragraph (1) shall be disposed of in accord13 ance with subsection (d). 

14 (C) DISPOSITION OF PROCEEDS.—The 

15 gross proceeds from the disposal of land under 

16 subparagraph (B) shall be distributed in ac17 cordance with subsection (e)(1). 

18 (d) DISPOSAL OF CARSON CITY LAND.— 

19 (1) IN GENERAL.—Notwithstanding sections 

20 202 and 203 of the Federal Land Policy and Man21 agement Act of 1976 (43 U.S.C. 1712, 1713), the 

22 Secretary of the Interior shall, in accordance with 

23 that Act, this subsection, and other applicable law, 

24 and subject to valid existing rights, conduct sales of 


jbell on PROD1PC69 with BILLS
316 

•S 22 PCS

1 the Federal land described in paragraph (2) to 

2 qualified bidders. 

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

4 referred to in paragraph (1) is— 

5 (A) the approximately 108 acres of Bureau 

6 of Land Management land identified as ‘‘Lands 

7 for Disposal’’ on the Map; and 

8 (B) the approximately 50 acres of land 

9 identified as ‘‘Parcel #1’’ on the Map. 

10 (3) COMPLIANCE WITH LOCAL PLANNING AND

11 ZONING LAWS.—Before a sale of Federal land under 

12 paragraph (1), the City shall submit to the Sec13 retary a certification that qualified bidders have 

14 agreed to comply with— 

15 (A) City zoning ordinances; and 

16 (B) any master plan for the area approved 

17 by the City. 

18 (4) METHOD OF SALE; CONSIDERATION.—The 

19 sale of Federal land under paragraph (1) shall be— 

20 (A) consistent with subsections (d) and (f) 

21 of section 203 of the Federal Land Policy and 

22 Management Act of 1976 (43 U.S.C. 1713); 

23 (B) unless otherwise determined by the 

24 Secretary, through a competitive bidding proc25 ess; and 


jbell on PROD1PC69 with BILLS
317 

•S 22 PCS

1 (C) for not less than fair market value. 

2 (5) WITHDRAWAL.— 

3 (A) IN GENERAL.—Subject to valid exist4 ing rights and except as provided in subpara5 graph (B), the Federal land described in para6 graph (2) is withdrawn from— 

7 (i) all forms of entry and appropria8 tion under the public land laws; 

9 (ii) location, entry, and patent under 

10 the mining laws; and 

11 (iii) operation of the mineral leasing 

12 and geothermal leasing laws. 

13 (B) EXCEPTION.—Subparagraph (A)(i) 

14 shall not apply to sales made consistent with 

15 this subsection. 

16 (6) DEADLINE FOR SALE.— 

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

18 subparagraph (B), not later than 1 year after 

19 the date of enactment of this Act, if there is a 

20 qualified bidder for the land described in sub21 paragraphs (A) and (B) of paragraph (2), the 

22 Secretary of the Interior shall offer the land for 

23 sale to the qualified bidder. 

24 (B) POSTPONEMENT; EXCLUSION FROM

25 SALE.— 


jbell on PROD1PC69 with BILLS
318 

•S 22 PCS

1 (i) REQUEST BY CARSON CITY FOR

2 POSTPONEMENT OR EXCLUSION.—At the 

3 request of the City, the Secretary shall 

4 postpone or exclude from the sale under 

5 subparagraph (A) all or a portion of the 

6 land described in subparagraphs (A) and 

7 (B) of paragraph (2). 

8 (ii) INDEFINITE POSTPONEMENT.— 

9 Unless specifically requested by the City, a 

10 postponement under clause (i) shall not be 

11 indefinite. 

12 (e) DISPOSITION OF PROCEEDS.— 

13 (1) IN GENERAL.—Of the proceeds from the 

14 sale of land under subsections (b)(4)(D)(ii) and 

15 (d)(1)— 

16 (A) 5 percent shall be paid directly to the 

17 State for use in the general education program 

18 of the State; and 

19 (B) the remainder shall be deposited in a 

20 special account in the Treasury of the United 

21 States, to be known as the ‘‘Carson City Spe22 cial Account’’, and shall be available without 

23 further appropriation to the Secretary until ex24 pended to— 


jbell on PROD1PC69 with BILLS
319 

•S 22 PCS

1 (i) reimburse costs incurred by the 

2 Bureau of Land Management for pre3 paring for the sale of the Federal land de4 scribed in subsection (d)(2), including the 

5 costs of— 

6 (I) surveys and appraisals; and 

7 (II) compliance with— 

8 (aa) the National Environ9 mental Policy Act of 1969 (42 

10 U.S.C. 4321 et seq.); and 

11 (bb) sections 202 and 203 of 

12 the Federal Land Policy and 

13 Management Act of 1976 (43 

14 U.S.C. 1712, 1713); 

15 (ii) reimburse costs incurred by the 

16 Bureau of Land Management and Forest 

17 Service for preparing for, and carrying out, 

18 the transfers of land to be held in trust by 

19 the United States under subsection (h)(1); 

20 and 

21 (iii) acquire environmentally sensitive 

22 land or an interest in environmentally sen23 sitive land in the City. 

24 (2) SILVER SADDLE ENDOWMENT ACCOUNT.— 


jbell on PROD1PC69 with BILLS
320 

•S 22 PCS

1 (A) ESTABLISHMENT.—There is estab2 lished in the Treasury of the United States a 

3 special account, to be known as the ‘‘Silver 

4 Saddle Endowment Account’’, consisting of 

5 such amounts as are deposited under subsection 

6 (b)(3)(A). 

7 (B) AVAILABILITY OF AMOUNTS.— 

8 Amounts deposited in the account established 

9 by paragraph (1) shall be available to the Sec10 retary, without further appropriation, for the 

11 oversight and enforcement of the conservation 

12 easement established under subsection 

13 (b)(3)(B). 

14 (f) URBAN INTERFACE.— 

15 (1) IN GENERAL.—Except as otherwise pro16 vided in this section and subject to valid existing 

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

18 is permanently withdrawn from— 

19 (A) all forms of entry and appropriation 

20 under the public land laws and mining laws; 

21 (B) location and patent under the mining 

22 laws; and 

23 (C) operation of the mineral laws, geo24 thermal leasing laws, and mineral material 

25 laws. 


jbell on PROD1PC69 with BILLS
321 

•S 22 PCS

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

2 to in paragraph (1) consists of approximately 19,747 

3 acres, which is identified on the Map as ‘‘Urban 

4 Interface Withdrawal’’. 

5 (3) INCORPORATION OF ACQUIRED LAND AND

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

7 boundaries of the land described in paragraph (2) 

8 that is acquired by the United States after the date 

9 of enactment of this Act shall be withdrawn in ac10 cordance with this subsection. 

11 (4) OFF-HIGHWAY VEHICLE MANAGEMENT.— 

12 Until the date on which the Secretary, in consulta13 tion with the State, the City, and any other inter14 ested persons, completes a transportation plan for 

15 Federal land in the City, the use of motorized and 

16 mechanical vehicles on Federal land within the City 

17 shall be limited to roads and trails in existence on 

18 the date of enactment of this Act unless the use of 

19 the vehicles is needed— 

20 (A) for administrative purposes; or 

21 (B) to respond to an emergency. 

22 (g) AVAILABILITY OF FUNDS.—Section 4(e) of the 

23 Southern Nevada Public Land Management Act of 1998 

24 (Public Law 105–263; 112 Stat. 2346; 116 Stat. 2007; 


jbell on PROD1PC69 with BILLS
322 

•S 22 PCS

1 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is 

2 amended— 

3 (1) in paragraph (3)(A)(iv), by striking ‘‘Clark, 

4 Lincoln, and White Pine Counties and Washoe 

5 County (subject to paragraph 4))’’ and inserting 

6 ‘‘Clark, Lincoln, and White Pine Counties and 

7 Washoe County (subject to paragraph 4)) and Car8 son City (subject to paragraph (5))’’; 

9 (2) in paragraph (3)(A)(v), by striking ‘‘Clark, 

10 Lincoln, and White Pine Counties’’ and inserting 

11 ‘‘Clark, Lincoln, and White Pine Counties and Car12 son City (subject to paragraph (5))’’; 

13 (3) in paragraph (4), by striking ‘‘2011’’ and 

14 inserting ‘‘2015’’; and 

15 (4) by adding at the end the following: 

16 ‘‘(5) LIMITATION FOR CARSON CITY.—Carson 

17 City shall be eligible to nominate for expenditure 

18 amounts to acquire land or an interest in land for 

19 parks or natural areas and for conservation initia20 tives— 

21 ‘‘(A) adjacent to the Carson River; or 

22 ‘‘(B) within the floodplain of the Carson 

23 River.’’. 

24 (h) TRANSFER OF LAND TO BE HELD IN TRUST FOR

25 WASHOE TRIBE.— 


jbell on PROD1PC69 with BILLS
323 

•S 22 PCS

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

2 rights, all right, title, and interest of the United 

3 States in and to the land described in paragraph 

4 (2)— 

5 (A) shall be held in trust by the United 

6 States for the benefit and use of the Tribe; and 

7 (B) shall be part of the reservation of the 

8 Tribe. 

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

10 to in paragraph (1) consists of approximately 293 

11 acres, which is identified on the Map as ‘‘To Washoe 

12 Tribe’’. 

13 (3) SURVEY.—Not later than 180 days after 

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

15 Agriculture shall complete a survey of the boundary 

16 lines to establish the boundaries of the land taken 

17 into trust under paragraph (1). 

18 (4) USE OF LAND.— 

19 (A) GAMING.—Land taken into trust 

20 under paragraph (1) shall not be eligible, or 

21 considered to have been taken into trust, for 

22 class II gaming or class III gaming (as those 

23 terms are defined in section 4 of the Indian 

24 Gaming Regulatory Act (25 U.S.C. 2703)). 


jbell on PROD1PC69 with BILLS
324 

•S 22 PCS

1 (B) TRUST LAND FOR CEREMONIAL USE

2 AND CONSERVATION.—With respect to the use 

3 of the land taken into trust under paragraph 

4 (1) that is above the 5,200′ elevation contour, 

5 the Tribe— 

6 (i) shall limit the use of the land to— 

7 (I) traditional and customary 

8 uses; and 

9 (II) stewardship conservation for 

10 the benefit of the Tribe; and 

11 (ii) shall not permit any— 

12 (I) permanent residential or rec13 reational development on the land; or 

14 (II) commercial use of the land, 

15 including commercial development or 

16 gaming. 

17 (C) TRUST LAND FOR COMMERCIAL AND

18 RESIDENTIAL USE.—With respect to the use of 

19 the land taken into trust under paragraph (1), 

20 the Tribe shall limit the use of the land below 

21 the 5,200′ elevation to— 

22 (i) traditional and customary uses; 

23 (ii) stewardship conservation for the 

24 benefit of the Tribe; and 


jbell on PROD1PC69 with BILLS
325 

•S 22 PCS

1 (iii)(I) residential or recreational de2 velopment; or 

3 (II) commercial use. 

4 (D) THINNING; LANDSCAPE RESTORA5 TION.—With respect to the land taken into 

6 trust under paragraph (1), the Secretary of Ag7 riculture, in consultation and coordination with 

8 the Tribe, may carry out any thinning and 

9 other landscape restoration activities on the 

10 land that is beneficial to the Tribe and the For11 est Service. 

12 (i) CORRECTION OF SKUNK HARBOR CONVEY13 ANCE.— 

14 (1) PURPOSE.—The purpose of this subsection 

15 is to amend Public Law 108–67 (117 Stat. 880) to 

16 make a technical correction relating to the land con17 veyance authorized under that Act. 

18 (2) TECHNICAL CORRECTION.—Section 2 of 

19 Public Law 108–67 (117 Stat. 880) is amended— 

20 (A) by striking ‘‘Subject to’’ and inserting 

21 the following: 

22 ‘‘(a) IN GENERAL.—Subject to’’; 

23 (B) in subsection (a) (as designated by 

24 paragraph (1)), by striking ‘‘the parcel’’ and all 

25 that follows through the period at the end and 


jbell on PROD1PC69 with BILLS
326 

•S 22 PCS

1 inserting the following: ‘‘and to approximately 

2 23 acres of land identified as ‘Parcel A’ on the 

3 map entitled ‘Skunk Harbor Conveyance Cor4 rection’ and dated September 12, 2008, the 

5 western boundary of which is the low water line 

6 of Lake Tahoe at elevation 6,223.0′ (Lake 

7 Tahoe Datum).’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(b) SURVEY AND LEGAL DESCRIPTION.— 

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

11 after the date of enactment of this subsection, the 

12 Secretary of Agriculture shall complete a survey and 

13 legal description of the boundary lines to establish 

14 the boundaries of the trust land. 

15 ‘‘(2) TECHNICAL CORRECTIONS.—The Sec16 retary may correct any technical errors in the survey 

17 or legal description completed under paragraph (1). 

18 ‘‘(c) PUBLIC ACCESS AND USE.—Nothing in this Act 

19 prohibits any approved general public access (through ex20 isting easements or by boat) to, or use of, land remaining 

21 within the Lake Tahoe Basin Management Unit after the 

22 conveyance of the land to the Secretary of the Interior, 

23 in trust for the Tribe, under subsection (a), including ac24 cess to, and use of, the beach and shoreline areas adjacent 

25 to the portion of land conveyed under that subsection.’’. 


jbell on PROD1PC69 with BILLS
327 

•S 22 PCS

1 (3) DATE OF TRUST STATUS.—The trust land 

2 described in section 2(a) of Public Law 108–67 (117 

3 Stat. 880) shall be considered to be taken into trust 

4 as of August 1, 2003. 

5 (4) TRANSFER.—The Secretary of the Interior, 

6 acting on behalf of and for the benefit of the Tribe, 

7 shall transfer to the Secretary of Agriculture admin8 istrative jurisdiction over the land identified as 

9 ‘‘Parcel B’’ on the map entitled ‘‘Skunk Harbor 

10 Conveyance Correction’’ and dated September 12, 

11 2008. 

12 (j) AGREEMENT WITH FOREST SERVICE.—The Sec13 retary of Agriculture, in consultation with the Tribe, shall 

14 develop and implement a cooperative agreement that en15 sures regular access by members of the Tribe and other 

16 people in the community of the Tribe across National For17 est System land from the City to Lake Tahoe for cultural 

18 and religious purposes. 

19 (k) ARTIFACT COLLECTION.— 

20 (1) NOTICE.—At least 180 days before con21 ducting any ground disturbing activities on the land 

22 identified as ‘‘Parcel #2’’ on the Map, the City shall 

23 notify the Tribe of the proposed activities to provide 

24 the Tribe with adequate time to inventory and col25 lect any artifacts in the affected area. 


jbell on PROD1PC69 with BILLS
328 

•S 22 PCS

1 (2) AUTHORIZED ACTIVITIES.—On receipt of 

2 notice under paragraph (1), the Tribe may collect 

3 and possess any artifacts relating to the Tribe in the 

4 land identified as ‘‘Parcel #2’’ on the Map. 

5 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as are nec7 essary to carry out this section. 

8 SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA 

9 CONVEYANCE. 

10 (a) DEFINITIONS.—In this section: 

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

12 Henderson, Nevada. 

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

14 the Secretary of the Interior. 

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

16 of Nevada. 

17 (4) TRANSITION AREA.—The term ‘‘Transition 

18 Area’’ means the approximately 502 acres of Fed19 eral land located in Henderson, Nevada, and identi20 fied as ‘‘Limited Transition Area’’ on the map enti21 tled ‘‘Southern Nevada Limited Transition Area 

22 Act’’ and dated March 20, 2006. 

23 (b) SOUTHERN NEVADA LIMITED TRANSITION

24 AREA.— 


jbell on PROD1PC69 with BILLS
329 

•S 22 PCS

1 (1) CONVEYANCE.—Notwithstanding the Fed2 eral Land Policy and Management Act of 1976 (43 

3 U.S.C. 1701 et seq.), on request of the City, the 

4 Secretary shall, without consideration and subject to 

5 all valid existing rights, convey to the City all right, 

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

7 Transition Area. 

8 (2) USE OF LAND FOR NONRESIDENTIAL DE9 VELOPMENT.— 

10 (A) IN GENERAL.—After the conveyance to 

11 the City under paragraph (1), the City may sell, 

12 lease, or otherwise convey any portion or por13 tions of the Transition Area for purposes of 

14 nonresidential development. 

15 (B) METHOD OF SALE.— 

16 (i) IN GENERAL.—The sale, lease, or 

17 conveyance of land under subparagraph 

18 (A) shall be through a competitive bidding 

19 process. 

20 (ii) FAIR MARKET VALUE.—Any land 

21 sold, leased, or otherwise conveyed under 

22 subparagraph (A) shall be for not less than 

23 fair market value. 

24 (C) COMPLIANCE WITH CHARTER.—Except 

25 as provided in subparagraphs (B) and (D), the 


jbell on PROD1PC69 with BILLS
330 

•S 22 PCS

1 City may sell, lease, or otherwise convey parcels 

2 within the Transition Area only in accordance 

3 with the procedures for conveyances established 

4 in the City Charter. 

5 (D) DISPOSITION OF PROCEEDS.—The 

6 gross proceeds from the sale of land under sub7 paragraph (A) shall be distributed in accord8 ance with section 4(e) of the Southern Nevada 

9 Public Land Management Act of 1998 (112 

10 Stat. 2345). 

11 (3) USE OF LAND FOR RECREATION OR OTHER

12 PUBLIC PURPOSES.—The City may elect to retain 

13 parcels in the Transition Area for public recreation 

14 or other public purposes consistent with the Act of 

15 June 14, 1926 (commonly known as the ‘‘Recreation 

16 and Public Purposes Act’’) (43 U.S.C. 869 et seq.) 

17 by providing to the Secretary written notice of the 

18 election. 

19 (4) NOISE COMPATIBILITY REQUIREMENTS.— 

20 The City shall— 

21 (A) plan and manage the Transition Area 

22 in accordance with section 47504 of title 49, 

23 United States Code (relating to airport noise 

24 compatibility planning), and regulations pro25 mulgated in accordance with that section; and 


jbell on PROD1PC69 with BILLS
331 

•S 22 PCS

1 (B) agree that if any land in the Transi2 tion Area is sold, leased, or otherwise conveyed 

3 by the City, the sale, lease, or conveyance shall 

4 contain a limitation to require uses compatible 

5 with that airport noise compatibility planning. 

6 (5) REVERSION.— 

7 (A) IN GENERAL.—If any parcel of land in 

8 the Transition Area is not conveyed for nonresi9 dential development under this section or re10 served for recreation or other public purposes 

11 under paragraph (3) by the date that is 20 

12 years after the date of enactment of this Act, 

13 the parcel of land shall, at the discretion of the 

14 Secretary, revert to the United States. 

15 (B) INCONSISTENT USE.—If the City uses 

16 any parcel of land within the Transition Area 

17 in a manner that is inconsistent with the uses 

18 specified in this subsection— 

19 (i) at the discretion of the Secretary, 

20 the parcel shall revert to the United 

21 States; or 

22 (ii) if the Secretary does not make an 

23 election under clause (i), the City shall sell 

24 the parcel of land in accordance with this 

25 subsection. 


jbell on PROD1PC69 with BILLS
332 

•S 22 PCS

1 SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEY2 ANCE. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ALTA-HUALAPAI SITE.—The term ‘‘Alta5 Hualapai Site’’ means the approximately 80 acres of 

6 land that is— 

7 (A) patented to the City under the Act of 

8 June 14, 1926 (commonly known as the 

9 ‘‘Recreation and Public Purposes Act’’) (43 

10 U.S.C. 869 et seq.); and 

11 (B) identified on the map as the ‘‘Alta12 Hualapai Site’’. 

13 (2) CITY.—The term ‘‘City’’ means the city of 

14 Las Vegas, Nevada. 

15 (3) INSTITUTE.—The term ‘‘Institute’’ means 

16 the Nevada Cancer Institute, a nonprofit organiza17 tion described under section 501(c)(3) of the Inter18 nal Revenue Code of 1986, the principal place of 

19 business of which is at 10441 West Twain Avenue, 

20 Las Vegas, Nevada. 

21 (4) MAP.—The term ‘‘map’’ means the map ti22 tled ‘‘Nevada Cancer Institute Expansion Act’’ and 

23 dated July 17, 2006. 

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

25 the Secretary of the Interior, acting through the Di26 rector of the Bureau of Land Management. 


jbell on PROD1PC69 with BILLS
333 

•S 22 PCS

1 (6) WATER DISTRICT.—The term ‘‘Water Dis2 trict’’ means the Las Vegas Valley Water District. 

3 (b) LAND CONVEYANCE.— 

4 (1) SURVEY AND LEGAL DESCRIPTION.—The 

5 City shall prepare a survey and legal description of 

6 the Alta-Hualapai Site. The survey shall conform to 

7 the Bureau of Land Management cadastral survey 

8 standards and be subject to approval by the Sec9 retary. 

10 (2) ACCEPTANCE.—The Secretary may accept 

11 the relinquishment by the City of all or part of the 

12 Alta-Hualapai Site. 

13 (3) CONVEYANCE FOR USE AS NONPROFIT CAN14 CER INSTITUTE.—After relinquishment of all or part 

15 of the Alta-Hualapai Site to the Secretary, and not 

16 later than 180 days after request of the Institute, 

17 the Secretary shall convey to the Institute, subject 

18 to valid existing rights, the portion of the Alta19 Hualapai Site that is necessary for the development 

20 of a nonprofit cancer institute. 

21 (4) ADDITIONAL CONVEYANCES.—Not later 

22 than 180 days after a request from the City, the 

23 Secretary shall convey to the City, subject to valid 

24 existing rights, any remaining portion of the Alta25 Hualapai Site necessary for ancillary medical or 


jbell on PROD1PC69 with BILLS
334 

•S 22 PCS

1 nonprofit use compatible with the mission of the In2 stitute. 

3 (5) APPLICABLE LAW.—Any conveyance by the 

4 City of any portion of the land received under this 

5 section shall be for no less than fair market value 

6 and the proceeds shall be distributed in accordance 

7 with section 4(e)(1) of Public Law 105–263 (112 

8 Stat. 2345). 

9 (6) TRANSACTION COSTS.—All land conveyed by 

10 the Secretary under this section shall be at no cost, 

11 except that the Secretary may require the recipient 

12 to bear any costs associated with transfer of title or 

13 any necessary land surveys. 

14 (7) REPORT.—Not later than 180 days after 

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

16 shall submit to the Committee on Natural Resources 

17 of the House of Representatives and the Committee 

18 on Energy and Natural Resources of the Senate a 

19 report on all transactions conducted under Public 

20 Law 105–263 (112 Stat. 2345). 

21 (c) RIGHTS-OF-WAY.—Consistent with the Federal 

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

23 1701), the Secretary may grant rights-of-way to the Water 

24 District on a portion of the Alta-Hualapai Site for a flood 

25 control project and a water pumping facility. 


jbell on PROD1PC69 with BILLS
335 

•S 22 PCS

1 (d) REVERSION.—Any property conveyed pursuant to 

2 this section which ceases to be used for the purposes speci3 fied in this section shall, at the discretion of the Secretary, 

4 revert to the United States, along with any improvements 

5 thereon or thereto. 

6 SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH. 

7 (a) DEFINITIONS.—In this section: 

8 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

9 means the approximately 25 acres of Bureau of 

10 Land Management land identified on the map as 

11 ‘‘Lands to be conveyed to Turnabout Ranch’’. 

12 (2) MAP.—The term ‘‘map’’ means the map en13 titled ‘‘Turnabout Ranch Conveyance’’ dated May 

14 12, 2006, and on file in the office of the Director 

15 of the Bureau of Land Management. 

16 (3) MONUMENT.—The term ‘‘Monument’’ 

17 means the Grand Staircase-Escalante National 

18 Monument located in southern Utah. 

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

20 the Secretary of the Interior. 

21 (5) TURNABOUT RANCH.—The term ‘‘Turn22 about Ranch’’ means the Turnabout Ranch in 

23 Escalante, Utah, owned by Aspen Education Group. 

24 (b) CONVEYANCE OF FEDERAL LAND TO TURN25 ABOUT RANCH.— 


jbell on PROD1PC69 with BILLS
336 

•S 22 PCS

1 (1) IN GENERAL.—Notwithstanding the land 

2 use planning requirements of sections 202 and 203 

3 of the Federal Land Policy and Management Act of 

4 1976 (43 U.S.C. 1712, 1713), if not later than 30 

5 days after completion of the appraisal required 

6 under paragraph (2), Turnabout Ranch of 

7 Escalante, Utah, submits to the Secretary an offer 

8 to acquire the Federal land for the appraised value, 

9 the Secretary shall, not later than 30 days after the 

10 date of the offer, convey to Turnabout Ranch all 

11 right, title, and interest to the Federal land, subject 

12 to valid existing rights. 

13 (2) APPRAISAL.—Not later than 90 days after 

14 the date of enactment of this Act, the Secretary 

15 shall complete an appraisal of the Federal land. The 

16 appraisal shall be completed in accordance with the 

17 ‘‘Uniform Appraisal Standards for Federal Land Ac18 quisitions’’ and the ‘‘Uniform Standards of Profes19 sional Appraisal Practice’’. All costs associated with 

20 the appraisal shall be born by Turnabout Ranch. 

21 (3) PAYMENT OF CONSIDERATION.—Not later 

22 than 30 days after the date on which the Federal 

23 land is conveyed under paragraph (1), as a condition 

24 of the conveyance, Turnabout Ranch shall pay to the 

25 Secretary an amount equal to the appraised value of 


jbell on PROD1PC69 with BILLS
337 

•S 22 PCS

1 the Federal land, as determined under paragraph 

2 (2). 

3 (4) COSTS OF CONVEYANCE.—As a condition of 

4 the conveyance, any costs of the conveyance under 

5 this section shall be paid by Turnabout Ranch. 

6 (5) DISPOSITION OF PROCEEDS.—The Sec7 retary shall deposit the proceeds from the convey8 ance of the Federal land under paragraph (1) in the 

9 Federal Land Deposit Account established by sec10 tion 206 of the Federal Land Transaction Facilita11 tion Act(43 U.S.C. 2305), to be expended in accord12 ance with that Act. 

13 (c) MODIFICATION OF MONUMENT BOUNDARY.— 

14 When the conveyance authorized by subsection (b) is com15 pleted, the boundaries of the Grand Staircase-Escalante 

16 National Monument in the State of Utah are hereby modi17 fied to exclude the Federal land conveyed to Turnabout 

18 Ranch. 

19 SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH. 

20 (a) DEFINITIONS.—In this section: 

21 (1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ 

22 means the Utah National Parks Council of the Boy 

23 Scouts of America. 

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

25 the Secretary of the Interior. 


jbell on PROD1PC69 with BILLS
338 

•S 22 PCS

1 (b) BOY SCOUTS OF AMERICA LAND EXCHANGE.— 

2 (1) AUTHORITY TO CONVEY.— 

3 (A) IN GENERAL.—Subject to paragraph 

4 (3) and notwithstanding the Act of June 14, 

5 1926 (commonly known as the ‘‘Recreation and 

6 Public Purposes Act’’) (43 U.S.C. 869 et seq.), 

7 the Boy Scouts may convey to Brian Head Re8 sort, subject to valid existing rights and, except 

9 as provided in subparagraph (B), any rights re10 served by the United States, all right, title, and 

11 interest granted to the Boy Scouts by the origi12 nal patent to the parcel described in paragraph 

13 (2)(A) in exchange for the conveyance by Brian 

14 Head Resort to the Boy Scouts of all right, 

15 title, and interest in and to the parcels de16 scribed in paragraph (2)(B). 

17 (B) REVERSIONARY INTEREST.—On con18 veyance of the parcel of land described in para19 graph (2)(A), the Secretary shall have discre20 tion with respect to whether or not the rever21 sionary interests of the United States are to be 

22 exercised. 

23 (2) DESCRIPTION OF LAND.—The parcels of 

24 land referred to in paragraph (1) are— 


jbell on PROD1PC69 with BILLS
339 

•S 22 PCS

1 (A) the 120-acre parcel that is part of a 

2 tract of public land acquired by the Boy Scouts 

3 under the Act of June 14, 1926 (commonly 

4 known as the ‘‘Recreation and Public Purposes 

5 Act’’) (43 U.S.C. 869 et seq.) for the purpose 

6 of operating a camp, which is more particularly 

7 described as the W 1/2 SE 1/4 and SE 1/4 SE 

8 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake Base 

9 and Meridian; and 

10 (B) the 2 parcels of private land owned by 

11 Brian Head Resort that total 120 acres, which 

12 are more particularly described as— 

13 (i) NE 1/4 NW 1/4 and NE 1/4 NE 

14 1/4 sec. 25, T. 35 S., R. 9 W., Salt Lake 

15 Base and Meridian; and 

16 (ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., 

17 R. 9 W., Salt Lake Base Meridian. 

18 (3) CONDITIONS.—On conveyance to the Boy 

19 Scouts under paragraph (1)(A), the parcels of land 

20 described in paragraph (2)(B) shall be subject to the 

21 terms and conditions imposed on the entire tract of 

22 land acquired by the Boy Scouts for a camp under 

23 the Bureau of Land Management patent numbered 

24 43–75–0010. 


jbell on PROD1PC69 with BILLS
340 

•S 22 PCS

1 (4) MODIFICATION OF PATENT.—On completion 

2 of the exchange under paragraph (1)(A), the Sec3 retary shall amend the original Bureau of Land 

4 Management patent providing for the conveyance to 

5 the Boy Scouts under the Act of June 14, 1926 

6 (commonly known as the ‘‘Recreation and Public 

7 Purposes Act’’) (43 U.S.C. 869 et seq.) numbered 

8 43–75–0010 to take into account the exchange 

9 under paragraph (1)(A). 

10 SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CON11 VEYANCE. 

12 (a) DEFINITIONS.—In this section: 

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

14 means the approximately 622 acres of Federal land 

15 managed by the Bureau of Land Management and 

16 identified for conveyance on the map prepared by 

17 the Bureau of Land Management entitled ‘‘Douglas 

18 County Public Utility District Proposal’’ and dated 

19 March 2, 2006. 

20 (2) PUD.—The term ‘‘PUD’’ means the Public 

21 Utility District No. 1 of Douglas County, Wash22 ington. 

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

24 the Secretary of the Interior. 


jbell on PROD1PC69 with BILLS
341 

•S 22 PCS

1 (4) WELLS HYDROELECTRIC PROJECT.—The 

2 term ‘‘Wells Hydroelectric Project’’ means Federal 

3 Energy Regulatory Commission Project No. 2149. 

4 (b) CONVEYANCE OF PUBLIC LAND, WELLS HYDRO5 ELECTRIC PROJECT, PUBLIC UTILITY DISTRICT NO. 1 OF

6 DOUGLAS COUNTY, WASHINGTON.— 

7 (1) CONVEYANCE REQUIRED.—Notwithstanding 

8 the land use planning requirements of sections 202 

9 and 203 of the Federal Land Policy and Manage10 ment Act of 1976 (43 U.S.C. 1712, 1713), and not11 withstanding section 24 of the Federal Power Act 

12 (16 U.S.C. 818) and Federal Power Order for 

13 Project 2149, and subject to valid existing rights, if 

14 not later than 45 days after the date of completion 

15 of the appraisal required under paragraph (2), the 

16 Public Utility District No. 1 of Douglas County, 

17 Washington, submits to the Secretary an offer to ac18 quire the public land for the appraised value, the 

19 Secretary shall convey, not later than 30 days after 

20 the date of the offer, to the PUD all right, title, and 

21 interest of the United States in and to the public 

22 land. 

23 (2) APPRAISAL.—Not later than 60 days after 

24 the date of enactment of this Act, the Secretary 

25 shall complete an appraisal of the public land. The 


jbell on PROD1PC69 with BILLS
342 

•S 22 PCS

1 appraisal shall be conducted in accordance with the 

2 ‘‘Uniform Appraisal Standards for Federal Land Ac3 quisitions’’ and the ‘‘Uniform Standards of Profes4 sional Appraisal Practice’’. 

5 (3) PAYMENT.—Not later than 30 days after 

6 the date on which the public land is conveyed under 

7 this subsection, the PUD shall pay to the Secretary 

8 an amount equal to the appraised value of the public 

9 land as determined under paragraph (2). 

10 (4) MAP AND LEGAL DESCRIPTIONS.—As soon 

11 as practicable after the date of enactment of this 

12 Act, the Secretary shall finalize legal descriptions of 

13 the public land to be conveyed under this subsection. 

14 The Secretary may correct any minor errors in the 

15 map referred to in subsection (a)(1) or in the legal 

16 descriptions. The map and legal descriptions shall be 

17 on file and available for public inspection in appro18 priate offices of the Bureau of Land Management. 

19 (5) COSTS OF CONVEYANCE.—As a condition of 

20 conveyance, any costs related to the conveyance 

21 under this subsection shall be paid by the PUD. 

22 (6) DISPOSITION OF PROCEEDS.—The Sec23 retary shall deposit the proceeds from the sale in the 

24 Federal Land Disposal Account established by sec25 tion 206 of the Federal Land Transaction FacilitaVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
343 

•S 22 PCS

1 tion Act (43 U.S.C. 2305) to be expended to im2 prove access to public lands administered by the Bu3 reau of Land Management in the State of Wash4 ington. 

5 (c) SEGREGATION OF LANDS.— 

6 (1) WITHDRAWAL.—Except as provided in sub7 section (b)(1), effective immediately upon enactment 

8 of this Act, and subject to valid existing rights, the 

9 public land is withdrawn from— 

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

11 disposal under the public land laws, and all 

12 amendments thereto; 

13 (B) location, entry, and patenting under 

14 the mining laws, and all amendments thereto; 

15 and 

16 (C) operation of the mineral leasing, min17 eral materials, and geothermal leasing laws, and 

18 all amendments thereto. 

19 (2) DURATION.—This subsection expires two 

20 years after the date of enactment of this Act or on 

21 the date of the completion of the conveyance under 

22 subsection (b), whichever is earlier. 

23 (d) RETAINED AUTHORITY.—The Secretary shall re24 tain the authority to place conditions on the license to in25 sure adequate protection and utilization of the public land 


jbell on PROD1PC69 with BILLS
344 

•S 22 PCS

1 granted to the Secretary in section 4(e) of the Federal 

2 Power Act (16 U.S.C. 797(e)) until the Federal Energy 

3 Regulatory Commission has issued a new license for the 

4 Wells Hydroelectric Project, to replace the original license 

5 expiring May 31, 2012, consistent with section 15 of the 

6 Federal Power Act (16 U.S.C. 808). 

7 SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE. 

8 (a) CONVEYANCE.—As soon as practicable after the 

9 date of enactment of this Act, the Secretary of the Inte10 rior, acting through the Director of the Bureau of Land 

11 Management, shall convey to the city of Twin Falls, Idaho, 

12 subject to valid existing rights, without consideration, all 

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

14 the 4 parcels of land described in subsection (b). 

15 (b) LAND DESCRIPTION.—The 4 parcels of land to 

16 be conveyed under subsection (a) are the approximately 

17 165 acres of land in Twin Falls County, Idaho, that are 

18 identified as ‘‘Land to be conveyed to Twin Falls’’ on the 

19 map titled ‘‘Twin Falls Land Conveyance’’ and dated July 

20 28, 2008. 

21 (c) MAP ON FILE.—A map depicting the land de22 scribed in subsection (b) shall be on file and available for 

23 public inspection in the appropriate offices of the Bureau 

24 of Land Management. 

25 (d) USE OF CONVEYED LANDS.— 


jbell on PROD1PC69 with BILLS
345 

•S 22 PCS

1 (1) PURPOSE.—The land conveyed under this 

2 section shall be used to support the public purposes 

3 of the Auger Falls Project, including a limited agri4 cultural exemption to allow for water quality and 

5 wildlife habitat improvements. 

6 (2) RESTRICTION.—The land conveyed under 

7 this section shall not be used for residential or com8 mercial purposes, except for the limited agricultural 

9 exemption described in paragraph (1). 

10 (3) ADDITIONAL TERMS AND CONDITIONS.— 

11 The Secretary of the Interior may require such addi12 tional terms and conditions in connection with the 

13 conveyance as the Secretary considers appropriate to 

14 protect the interests of the United States. 

15 (e) REVERSION.—If the land conveyed under this sec16 tion is no longer used in accordance with subsection (d)— 

17 (1) the land shall, at the discretion of the Sec18 retary based on his determination of the best inter19 ests of the United States, revert to the United 

20 States; and 

21 (2) if the Secretary chooses to have the land re22 vert to the United States and if the Secretary deter23 mines that the land is environmentally contami24 nated, the city of Twin Falls, Idaho, or any other 


jbell on PROD1PC69 with BILLS
346 

•S 22 PCS

1 person responsible for the contamination shall reme2 diate the contamination. 

3 (f) ADMINISTRATIVE COSTS.—The Secretary shall re4 quire that the city of Twin Falls, Idaho, pay all survey 

5 costs and other administrative costs necessary for the 

6 preparation and completion of any patents of and transfer 

7 of title to property under this section. 

8 SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RE9 LEASE, NEVADA. 

10 (a) FINDING.—Congress finds that the land de11 scribed in subsection (c) has been adequately studied for 

12 wilderness designation under section 603 of the Federal 

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

14 1782). 

15 (b) RELEASE.—The land described in subsection 

16 (c)— 

17 (1) is no longer subject to section 603(c) of the 

18 Federal Land Policy and Management Act of 1976 

19 (43 U.S.C. 1782(c)); and 

20 (2) shall be managed in accordance with— 

21 (A) land management plans adopted under 

22 section 202 of that Act (43 U.S.C. 1712); and 

23 (B) cooperative conservation agreements in 

24 existence on the date of the enactment of this 

25 Act. 


jbell on PROD1PC69 with BILLS
347 

•S 22 PCS

1 (c) DESCRIPTION OF LAND.—The land referred to in 

2 subsections (a) and (b) is the approximately 70 acres of 

3 land in the Sunrise Mountain Instant Study Area of Clark 

4 County, Nevada, that is designated on the map entitled 

5 ‘‘Sunrise Mountain ISA Release Areas’’ and dated Sep6 tember 6, 2008. 

7 SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE. 

8 (a) CONVEYANCE OF LAND BY THE BUREAU OF

9 LAND MANAGEMENT TO PARK CITY, UTAH.— 

10 (1) LAND TRANSFER.—Notwithstanding the 

11 planning requirements of sections 202 and 203 of 

12 the Federal Land Policy and Management Act of 

13 1976 (43 U.S.C. 1712, 1713), the Secretary of the 

14 Interior shall convey, not later than 180 days after 

15 the date of the enactment of this Act, to Park City, 

16 Utah, all right, title, and interest of the United 

17 States in and to two parcels of real property located 

18 in Park City, Utah, that are currently under the 

19 management jurisdiction of the Bureau of Land 

20 Management and designated as parcel 8 (commonly 

21 known as the White Acre parcel) and parcel 16 

22 (commonly known as the Gambel Oak parcel). The 

23 conveyance shall be subject to all valid existing 

24 rights. 


jbell on PROD1PC69 with BILLS
348 

•S 22 PCS

1 (2) DEED RESTRICTION.—The conveyance of 

2 the lands under paragraph (1) shall be made by a 

3 deed or deeds containing a restriction requiring that 

4 the lands be maintained as open space and used 

5 solely for public recreation purposes or other pur6 poses consistent with their maintenance as open 

7 space. This restriction shall not be interpreted to 

8 prohibit the construction or maintenance of rec9 reational facilities, utilities, or other structures that 

10 are consistent with the maintenance of the lands as 

11 open space or its use for public recreation purposes. 

12 (3) CONSIDERATION.—In consideration for the 

13 transfer of the land under paragraph (1), Park City 

14 shall pay to the Secretary of the Interior an amount 

15 consistent with conveyances to governmental entities 

16 for recreational purposes under the Act of June 14, 

17 1926 (commonly known as the Recreation and Pub18 lic Purposes Act; 43 U.S.C. 869 et seq.). 

19 (b) SALE OF BUREAU OF LAND MANAGEMENT LAND

20 IN PARK CITY, UTAH, AT AUCTION.— 

21 (1) SALE OF LAND.—Not later than 180 days 

22 after the date of the enactment of this Act, the Sec23 retary of the Interior shall offer for sale any right, 

24 title, or interest of the United States in and to two 

25 parcels of real property located in Park City, Utah, 


jbell on PROD1PC69 with BILLS
349 

•S 22 PCS

1 that are currently under the management jurisdic2 tion of the Bureau of Land Management and are 

3 designated as parcels 17 and 18 in the Park City, 

4 Utah, area. The sale of the land shall be carried out 

5 in accordance with the Federal Land Policy and 

6 Management Act of 1976 (43 U.S.C. 1701) and 

7 other applicable law, other than the planning provi8 sions of sections 202 and 203 of such Act (43 

9 U.S.C. 1712, 1713), and shall be subject to all valid 

10 existing rights. 

11 (2) METHOD OF SALE.—The sale of the land 

12 under paragraph (1) shall be consistent with sub13 sections (d) and (f) of section 203 of the Federal 

14 Land Policy and Management Act of 1976 (43 

15 U.S.C. 1713) through a competitive bidding process 

16 and for not less than fair market value. 

17 (c) DISPOSITION OF LAND SALES PROCEEDS.—All 

18 proceeds derived from the sale of land described in this 

19 section shall be deposited in the Federal Land Disposal 

20 Account established by section 206(a) of the Federal Land 

21 Transaction Facilitation Act (43 U.S.C. 2305(a)). 

22 SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES. 

23 (a) DEFINITIONS.—In this section: 

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

25 Consolidated Municipality, Nevada. 


jbell on PROD1PC69 with BILLS
350 

•S 22 PCS

1 (2) MAP.—The term ‘‘Map’’ means the map en2 titled ‘‘Carson City, Nevada Area’’, dated November 

3 7, 2008, and on file and available for public inspec4 tion in the appropriate offices of— 

5 (A) the Bureau of Land Management; 

6 (B) the Forest Service; and 

7 (C) the City. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ 

9 means— 

10 (A) with respect to land in the National 

11 Forest System, the Secretary of Agriculture, 

12 acting through the Chief of the Forest Service; 

13 and 

14 (B) with respect to other Federal land, the 

15 Secretary of the Interior. 

16 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

17 means the Secretary of Agriculture and the Sec18 retary of the Interior, acting jointly. 

19 (5) TRIBE.—The term ‘‘Tribe’’ means the 

20 Washoe Tribe of Nevada and California, which is a 

21 federally recognized Indian tribe. 

22 (b) CONVEYANCES OF FEDERAL LAND AND CITY

23 LAND.— 

24 (1) IN GENERAL.—Notwithstanding section 202 

25 of the Federal Land Policy and Management Act of 


jbell on PROD1PC69 with BILLS
351 

•S 22 PCS

1 1976 (43 U.S.C. 1712), if the City offers to convey 

2 to the United States title to the non-Federal land 

3 described in paragraph (2)(A) that is acceptable to 

4 the Secretary of Agriculture— 

5 (A) the Secretary shall accept the offer; 

6 and 

7 (B) not later than 180 days after the date 

8 on which the Secretary receives acceptable title 

9 to the non-Federal land described in paragraph 

10 (2)(A), the Secretaries shall convey to the City, 

11 subject to valid existing rights and for no con12 sideration, except as provided in paragraph 

13 (3)(A), all right, title, and interest of the 

14 United States in and to the Federal land (other 

15 than any easement reserved under paragraph 

16 (3)(B)) or interest in land described in para17 graph (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 2,264 acres of land administered by 

22 the City and identified on the Map as ‘‘To U.S. 

23 Forest Service’’. 

24 (B) FEDERAL LAND.—The Federal land 

25 referred to in paragraph (1)(B) is— 


jbell on PROD1PC69 with BILLS
352 

•S 22 PCS

1 (i) the approximately 935 acres of 

2 Forest Service land identified on the Map 

3 as ‘‘To Carson City for Natural Areas’’; 

4 (ii) the approximately 3,604 acres of 

5 Bureau of Land Management land identi6 fied on the Map as ‘‘Silver Saddle Ranch 

7 and Carson River Area’’; 

8 (iii) the approximately 1,848 acres of 

9 Bureau of Land Management land identi10 fied on the Map as ‘‘To Carson City for 

11 Parks and Public Purposes’’; and 

12 (iv) the approximately 75 acres of 

13 City land in which the Bureau of Land 

14 Management has a reversionary interest 

15 that is identified on the Map as ‘‘Rever16 sionary Interest of the United States Re17 leased’’. 

18 (3) CONDITIONS.— 

19 (A) CONSIDERATION.—Before the convey20 ance of the 62–acre Bernhard parcel to the 

21 City, the City shall deposit in the special ac22 count established by subsection (e)(2)(A) an 

23 amount equal to 25 percent of the difference 

24 between— 


jbell on PROD1PC69 with BILLS
353 

•S 22 PCS

1 (i) the amount for which the Bern2 hard parcel was purchased by the City on 

3 July 18, 2001; and 

4 (ii) the amount for which the Bern5 hard parcel was purchased by the Sec6 retary on March 24, 2006. 

7 (B) CONSERVATION EASEMENT.—As a 

8 condition of the conveyance of the land de9 scribed in paragraph (2)(B)(ii), the Secretary, 

10 in consultation with Carson City and affected 

11 local interests, shall reserve a perpetual con12 servation easement to the land to protect, pre13 serve, and enhance the conservation values of 

14 the land, consistent with paragraph (4)(B). 

15 (C) COSTS.—Any costs relating to the con16 veyance under paragraph (1), including any 

17 costs for surveys and other administrative costs, 

18 shall be paid by the recipient of the land being 

19 conveyed. 

20 (4) USE OF LAND.— 

21 (A) NATURAL AREAS.— 

22 (i) IN GENERAL.—Except as provided 

23 in clause (ii), the land described in para24 graph (2)(B)(i) shall be managed by the 

25 City to maintain undeveloped open space 


jbell on PROD1PC69 with BILLS
354 

•S 22 PCS

1 and to preserve the natural characteristics 

2 of the land in perpetuity. 

3 (ii) EXCEPTION.—Notwithstanding 

4 clause (i), the City may— 

5 (I) conduct projects on the land 

6 to reduce fuels; 

7 (II) construct and maintain 

8 trails, trailhead facilities, and any in9 frastructure on the land that is re10 quired for municipal water and flood 

11 management activities; and 

12 (III) maintain or reconstruct any 

13 improvements on the land that are in 

14 existence on the date of enactment of 

15 this Act. 

16 (B) SILVER SADDLE RANCH AND CARSON

17 RIVER AREA.— 

18 (i) IN GENERAL.—Except as provided 

19 in clause (ii), the land described in para20 graph (2)(B)(ii) shall— 

21 (I) be managed by the City to 

22 protect and enhance the Carson River, 

23 the floodplain and surrounding up24 land, and important wildlife habitat; 

25 and 


jbell on PROD1PC69 with BILLS
355 

•S 22 PCS

1 (II) be used for undeveloped open 

2 space, passive recreation, customary 

3 agricultural practices, and wildlife 

4 protection. 

5 (ii) EXCEPTION.—Notwithstanding 

6 clause (i), the City may— 

7 (I) construct and maintain trails 

8 and trailhead facilities on the land; 

9 (II) conduct projects on the land 

10 to reduce fuels; 

11 (III) maintain or reconstruct any 

12 improvements on the land that are in 

13 existence on the date of enactment of 

14 this Act; and 

15 (IV) allow the use of motorized 

16 vehicles on designated roads, trails, 

17 and areas in the south end of Prison 

18 Hill. 

19 (C) PARKS AND PUBLIC PURPOSES.—The 

20 land described in paragraph (2)(B)(iii) shall be 

21 managed by the City for— 

22 (i) undeveloped open space; and 

23 (ii) recreation or other public pur24 poses consistent with the Act of June 14, 

25 1926 (commonly known as the ‘‘Recreation 


jbell on PROD1PC69 with BILLS
356 

•S 22 PCS

1 and Public Purposes Act’’) (43 U.S.C. 869 

2 et seq.). 

3 (D) REVERSIONARY INTEREST.— 

4 (i) RELEASE.—The reversionary inter5 est described in paragraph (2)(B)(iv) shall 

6 terminate on the date of enactment of this 

7 Act. 

8 (ii) CONVEYANCE BY CITY.— 

9 (I) IN GENERAL.—If the City 

10 sells, leases, or otherwise conveys any 

11 portion of the land described in para12 graph (2)(B)(iv), the sale, lease, or 

13 conveyance of land shall be— 

14 (aa) through a competitive 

15 bidding process; and 

16 (bb) except as provided in 

17 subclause (II), for not less than 

18 fair market value. 

19 (II) CONVEYANCE TO GOVERN20 MENT OR NONPROFIT.—A sale, lease, 

21 or conveyance of land described in 

22 paragraph (2)(B)(iv) to the Federal 

23 Government, a State government, a 

24 unit of local government, or a non25 profit organization shall be for considVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
357 

•S 22 PCS

1 eration in an amount equal to the 

2 price established by the Secretary of 

3 the Interior under section 2741 of 

4 title 43, Code of Federal Regulation 

5 (or successor regulations). 

6 (III) DISPOSITION OF PRO7 CEEDS.—The gross proceeds from the 

8 sale, lease, or conveyance of land 

9 under subclause (I) shall be distrib10 uted in accordance with subsection 

11 (e)(1). 

12 (5) REVERSION.—If land conveyed under para13 graph (1) is used in a manner that is inconsistent 

14 with the uses described in subparagraph (A), (B), 

15 (C), or (D) of paragraph (4), the land shall, at the 

16 discretion of the Secretary, revert to the United 

17 States. 

18 (6) MISCELLANEOUS PROVISIONS.— 

19 (A) IN GENERAL.—On conveyance of the 

20 non-Federal land under paragraph (1) to the 

21 Secretary of Agriculture, the non-Federal land 

22 shall— 

23 (i) become part of the Humboldt24 Toiyabe National Forest; and 


jbell on PROD1PC69 with BILLS
358 

•S 22 PCS

1 (ii) be administered in accordance 

2 with the laws (including the regulations) 

3 and rules generally applicable to the Na4 tional Forest System. 

5 (B) MANAGEMENT PLAN.—The Secretary 

6 of Agriculture, in consultation with the City 

7 and other interested parties, may develop and 

8 implement a management plan for National 

9 Forest System land that ensures the protection 

10 and stabilization of the National Forest System 

11 land to minimize the impacts of flooding on the 

12 City. 

13 (7) CONVEYANCE TO BUREAU OF LAND MAN14 AGEMENT.— 

15 (A) IN GENERAL.—If the City offers to 

16 convey to the United States title to the non17 Federal land described in subparagraph (B) 

18 that is acceptable to the Secretary of the Inte19 rior, the land shall, at the discretion of the Sec20 retary, be conveyed to the United States. 

21 (B) DESCRIPTION OF LAND.—The non22 Federal land referred to in subparagraph (A) is 

23 the approximately 46 acres of land adminis24 tered by the City and identified on the Map as 

25 ‘‘To Bureau of Land Management’’. 


jbell on PROD1PC69 with BILLS
359 

•S 22 PCS

1 (C) COSTS.—Any costs relating to the con2 veyance under subparagraph (A), including any 

3 costs for surveys and other administrative costs, 

4 shall be paid by the Secretary of the Interior. 

5 (c) TRANSFER OF ADMINISTRATIVE JURISDICTION

6 FROM THE FOREST SERVICE TO THE BUREAU OF LAND

7 MANAGEMENT.— 

8 (1) IN GENERAL.—Administrative jurisdiction 

9 over the approximately 50 acres of Forest Service 

10 land identified on the Map as ‘‘Parcel #1’’ is trans11 ferred, from the Secretary of Agriculture to the Sec12 retary of the Interior. 

13 (2) COSTS.—Any costs relating to the transfer 

14 under paragraph (1), including any costs for surveys 

15 and other administrative costs, shall be paid by the 

16 Secretary of the Interior. 

17 (3) USE OF LAND.— 

18 (A) RIGHT-OF-WAY.—Not later than 120 

19 days after the date of enactment of this Act, 

20 the Secretary of the Interior shall grant to the 

21 City a right-of-way for the maintenance of flood 

22 management facilities located on the land. 

23 (B) DISPOSAL.—The land referred to in 

24 paragraph (1) shall be disposed of in accord25 ance with subsection (d). 


jbell on PROD1PC69 with BILLS
360 

•S 22 PCS

1 (C) DISPOSITION OF PROCEEDS.—The 

2 gross proceeds from the disposal of land under 

3 subparagraph (B) shall be distributed in ac4 cordance with subsection (e)(1). 

5 (d) DISPOSAL OF CARSON CITY LAND.— 

6 (1) IN GENERAL.—Notwithstanding sections 

7 202 and 203 of the Federal Land Policy and Man8 agement Act of 1976 (43 U.S.C. 1712, 1713), the 

9 Secretary of the Interior shall, in accordance with 

10 that Act, this subsection, and other applicable law, 

11 and subject to valid existing rights, conduct sales of 

12 the Federal land described in paragraph (2) to 

13 qualified bidders. 

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

15 referred to in paragraph (1) is— 

16 (A) the approximately 108 acres of Bureau 

17 of Land Management land identified as ‘‘Lands 

18 for Disposal’’ on the Map; and 

19 (B) the approximately 50 acres of land 

20 identified as ‘‘Parcel #1’’ on the Map. 

21 (3) COMPLIANCE WITH LOCAL PLANNING AND

22 ZONING LAWS.—Before a sale of Federal land under 

23 paragraph (1), the City shall submit to the Sec24 retary a certification that qualified bidders have 

25 agreed to comply with— 


jbell on PROD1PC69 with BILLS
361 

•S 22 PCS

1 (A) City zoning ordinances; and 

2 (B) any master plan for the area approved 

3 by the City. 

4 (4) METHOD OF SALE; CONSIDERATION.—The 

5 sale of Federal land under paragraph (1) shall be— 

6 (A) consistent with subsections (d) and (f) 

7 of section 203 of the Federal Land Policy and 

8 Management Act of 1976 (43 U.S.C. 1713); 

9 (B) unless otherwise determined by the 

10 Secretary, through a competitive bidding proc11 ess; and 

12 (C) for not less than fair market value. 

13 (5) WITHDRAWAL.— 

14 (A) IN GENERAL.—Subject to valid exist15 ing rights and except as provided in subpara16 graph (B), the Federal land described in para17 graph (2) is withdrawn from— 

18 (i) all forms of entry and appropria19 tion under the public land laws; 

20 (ii) location, entry, and patent under 

21 the mining laws; and 

22 (iii) operation of the mineral leasing 

23 and geothermal leasing laws. 


jbell on PROD1PC69 with BILLS
362 

•S 22 PCS

1 (B) EXCEPTION.—Subparagraph (A)(i) 

2 shall not apply to sales made consistent with 

3 this subsection. 

4 (6) DEADLINE FOR SALE.— 

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

6 subparagraph (B), not later than 1 year after 

7 the date of enactment of this Act, if there is a 

8 qualified bidder for the land described in sub9 paragraphs (A) and (B) of paragraph (2), the 

10 Secretary of the Interior shall offer the land for 

11 sale to the qualified bidder. 

12 (B) POSTPONEMENT; EXCLUSION FROM

13 SALE.— 

14 (i) REQUEST BY CARSON CITY FOR

15 POSTPONEMENT OR EXCLUSION.—At the 

16 request of the City, the Secretary shall 

17 postpone or exclude from the sale under 

18 subparagraph (A) all or a portion of the 

19 land described in subparagraphs (A) and 

20 (B) of paragraph (2). 

21 (ii) INDEFINITE POSTPONEMENT.— 

22 Unless specifically requested by the City, a 

23 postponement under clause (i) shall not be 

24 indefinite. 

25 (e) DISPOSITION OF PROCEEDS.— 


jbell on PROD1PC69 with BILLS
363 

•S 22 PCS

1 (1) IN GENERAL.—Of the proceeds from the 

2 sale of land under subsections (b)(4)(D)(ii) and 

3 (d)(1)— 

4 (A) 5 percent shall be paid directly to the 

5 State for use in the general education program 

6 of the State; and 

7 (B) the remainder shall be deposited in a 

8 special account in the Treasury of the United 

9 States, to be known as the ‘‘Carson City Spe10 cial Account’’, and shall be available without 

11 further appropriation to the Secretary until ex12 pended to— 

13 (i) reimburse costs incurred by the 

14 Bureau of Land Management for pre15 paring for the sale of the Federal land de16 scribed in subsection (d)(2), including the 

17 costs of— 

18 (I) surveys and appraisals; and 

19 (II) compliance with— 

20 (aa) the National Environ21 mental Policy Act of 1969 (42 

22 U.S.C. 4321 et seq.); and 

23 (bb) sections 202 and 203 of 

24 the Federal Land Policy and 


jbell on PROD1PC69 with BILLS
364 

•S 22 PCS

1 Management Act of 1976 (43 

2 U.S.C. 1712, 1713); 

3 (ii) reimburse costs incurred by the 

4 Bureau of Land Management and Forest 

5 Service for preparing for, and carrying out, 

6 the transfers of land to be held in trust by 

7 the United States under subsection (h)(1); 

8 and 

9 (iii) acquire environmentally sensitive 

10 land or an interest in environmentally sen11 sitive land in the City. 

12 (2) SILVER SADDLE ENDOWMENT ACCOUNT.— 

13 (A) ESTABLISHMENT.—There is estab14 lished in the Treasury of the United States a 

15 special account, to be known as the ‘‘Silver 

16 Saddle Endowment Account’’, consisting of 

17 such amounts as are deposited under subsection 

18 (b)(3)(A). 

19 (B) AVAILABILITY OF AMOUNTS.— 

20 Amounts deposited in the account established 

21 by paragraph (1) shall be available to the Sec22 retary, without further appropriation, for the 

23 oversight and enforcement of the conservation 

24 easement established under subsection 

25 (b)(3)(B). 


jbell on PROD1PC69 with BILLS
365 

•S 22 PCS

1 (f) URBAN INTERFACE.— 

2 (1) IN GENERAL.—Except as otherwise pro3 vided in this section and subject to valid existing 

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

5 is permanently withdrawn from— 

6 (A) all forms of entry and appropriation 

7 under the public land laws and mining laws; 

8 (B) location and patent under the mining 

9 laws; and 

10 (C) operation of the mineral laws, geo11 thermal leasing laws, and mineral material 

12 laws. 

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

14 to in paragraph (1) consists of approximately 19,747 

15 acres, which is identified on the Map as ‘‘Urban 

16 Interface Withdrawal’’. 

17 (3) INCORPORATION OF ACQUIRED LAND AND

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

19 boundaries of the land described in paragraph (2) 

20 that is acquired by the United States after the date 

21 of enactment of this Act shall be withdrawn in ac22 cordance with this subsection. 

23 (4) OFF-HIGHWAY VEHICLE MANAGEMENT.— 

24 Until the date on which the Secretary, in consulta25 tion with the State, the City, and any other interVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
366 

•S 22 PCS

1 ested persons, completes a transportation plan for 

2 Federal land in the City, the use of motorized and 

3 mechanical vehicles on Federal land within the City 

4 shall be limited to roads and trails in existence on 

5 the date of enactment of this Act unless the use of 

6 the vehicles is needed— 

7 (A) for administrative purposes; or 

8 (B) to respond to an emergency. 

9 (g) AVAILABILITY OF FUNDS.—Section 4(e) of the 

10 Southern Nevada Public Land Management Act of 1998 

11 (Public Law 105–263; 112 Stat. 2346; 116 Stat. 2007; 

12 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is 

13 amended— 

14 (1) in paragraph (3)(A)(iv), by striking ‘‘Clark, 

15 Lincoln, and White Pine Counties and Washoe 

16 County (subject to paragraph 4))’’ and inserting 

17 ‘‘Clark, Lincoln, and White Pine Counties and 

18 Washoe County (subject to paragraph 4)) and Car19 son City (subject to paragraph (5))’’; 

20 (2) in paragraph (3)(A)(v), by striking ‘‘Clark, 

21 Lincoln, and White Pine Counties’’ and inserting 

22 ‘‘Clark, Lincoln, and White Pine Counties and Car23 son City (subject to paragraph (5))’’; 

24 (3) in paragraph (4), by striking ‘‘2011’’ and 

25 inserting ‘‘2015’’; and 


jbell on PROD1PC69 with BILLS
367 

•S 22 PCS

1 (4) by adding at the end the following: 

2 ‘‘(5) LIMITATION FOR CARSON CITY.—Carson 

3 City shall be eligible to nominate for expenditure 

4 amounts to acquire land or an interest in land for 

5 parks or natural areas and for conservation initia6 tives— 

7 ‘‘(A) adjacent to the Carson River; or 

8 ‘‘(B) within the floodplain of the Carson 

9 River.’’. 

10 (h) TRANSFER OF LAND TO BE HELD IN TRUST FOR

11 WASHOE TRIBE.— 

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

13 rights, all right, title, and interest of the United 

14 States in and to the land described in paragraph 

15 (2)— 

16 (A) shall be held in trust by the United 

17 States for the benefit and use of the Tribe; and 

18 (B) shall be part of the reservation of the 

19 Tribe. 

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

21 to in paragraph (1) consists of approximately 293 

22 acres, which is identified on the Map as ‘‘To Washoe 

23 Tribe’’. 

24 (3) SURVEY.—Not later than 180 days after 

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


jbell on PROD1PC69 with BILLS
368 

•S 22 PCS

1 Agriculture shall complete a survey of the boundary 

2 lines to establish the boundaries of the land taken 

3 into trust under paragraph (1). 

4 (4) USE OF LAND.— 

5 (A) GAMING.—Land taken into trust 

6 under paragraph (1) shall not be eligible, or 

7 considered to have been taken into trust, for 

8 class II gaming or class III gaming (as those 

9 terms are defined in section 4 of the Indian 

10 Gaming Regulatory Act (25 U.S.C. 2703)). 

11 (B) TRUST LAND FOR CEREMONIAL USE

12 AND CONSERVATION.—With respect to the use 

13 of the land taken into trust under paragraph 

14 (1) that is above the 5,200′ elevation contour, 

15 the Tribe— 

16 (i) shall limit the use of the land to— 

17 (I) traditional and customary 

18 uses; and 

19 (II) stewardship conservation for 

20 the benefit of the Tribe; and 

21 (ii) shall not permit any— 

22 (I) permanent residential or rec23 reational development on the land; or 


jbell on PROD1PC69 with BILLS
369 

•S 22 PCS

1 (II) commercial use of the land, 

2 including commercial development or 

3 gaming. 

4 (C) TRUST LAND FOR COMMERCIAL AND

5 RESIDENTIAL USE.—With respect to the use of 

6 the land taken into trust under paragraph (1), 

7 the Tribe shall limit the use of the land below 

8 the 5,200′ elevation to— 

9 (i) traditional and customary uses; 

10 (ii) stewardship conservation for the 

11 benefit of the Tribe; and 

12 (iii)(I) residential or recreational de13 velopment; or 

14 (II) commercial use. 

15 (D) THINNING; LANDSCAPE RESTORA16 TION.—With respect to the land taken into 

17 trust under paragraph (1), the Secretary of Ag18 riculture, in consultation and coordination with 

19 the Tribe, may carry out any thinning and 

20 other landscape restoration activities on the 

21 land that is beneficial to the Tribe and the For22 est Service. 

23 (i) CORRECTION OF SKUNK HARBOR CONVEY24 ANCE.— 


jbell on PROD1PC69 with BILLS
370 

•S 22 PCS

1 (1) PURPOSE.—The purpose of this subsection 

2 is to amend Public Law 108–67 (117 Stat. 880) to 

3 make a technical correction relating to the land con4 veyance authorized under that Act. 

5 (2) TECHNICAL CORRECTION.—Section 2 of 

6 Public Law 108–67 (117 Stat. 880) is amended— 

7 (A) by striking ‘‘Subject to’’ and inserting 

8 the following: 

9 ‘‘(a) IN GENERAL.—Subject to’’; 

10 (B) in subsection (a) (as designated by 

11 paragraph (1)), by striking ‘‘the parcel’’ and all 

12 that follows through the period at the end and 

13 inserting the following: ‘‘and to approximately 

14 23 acres of land identified as ‘Parcel A’ on the 

15 map entitled ‘Skunk Harbor Conveyance Cor16 rection’ and dated September 12, 2008, the 

17 western boundary of which is the low water line 

18 of Lake Tahoe at elevation 6,223.0′ (Lake 

19 Tahoe Datum).’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(b) SURVEY AND LEGAL DESCRIPTION.— 

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

23 after the date of enactment of this subsection, the 

24 Secretary of Agriculture shall complete a survey and 


jbell on PROD1PC69 with BILLS
371 

•S 22 PCS

1 legal description of the boundary lines to establish 

2 the boundaries of the trust land. 

3 ‘‘(2) TECHNICAL CORRECTIONS.—The Sec4 retary may correct any technical errors in the survey 

5 or legal description completed under paragraph (1). 

6 ‘‘(c) PUBLIC ACCESS AND USE.—Nothing in this Act 

7 prohibits any approved general public access (through ex8 isting easements or by boat) to, or use of, land remaining 

9 within the Lake Tahoe Basin Management Unit after the 

10 conveyance of the land to the Secretary of the Interior, 

11 in trust for the Tribe, under subsection (a), including ac12 cess to, and use of, the beach and shoreline areas adjacent 

13 to the portion of land conveyed under that subsection.’’. 

14 (3) DATE OF TRUST STATUS.—The trust land 

15 described in section 2(a) of Public Law 108–67 (117 

16 Stat. 880) shall be considered to be taken into trust 

17 as of August 1, 2003. 

18 (4) TRANSFER.—The Secretary of the Interior, 

19 acting on behalf of and for the benefit of the Tribe, 

20 shall transfer to the Secretary of Agriculture admin21 istrative jurisdiction over the land identified as 

22 ‘‘Parcel B’’ on the map entitled ‘‘Skunk Harbor 

23 Conveyance Correction’’ and dated September 12, 

24 2008. 


jbell on PROD1PC69 with BILLS
372 

•S 22 PCS

1 (j) AGREEMENT WITH FOREST SERVICE.—The Sec2 retary of Agriculture, in consultation with the Tribe, shall 

3 develop and implement a cooperative agreement that en4 sures regular access by members of the Tribe and other 

5 people in the community of the Tribe across National For6 est System land from the City to Lake Tahoe for cultural 

7 and religious purposes. 

8 (k) ARTIFACT COLLECTION.— 

9 (1) NOTICE.—At least 180 days before con10 ducting any ground disturbing activities on the land 

11 identified as ‘‘Parcel #2’’ on the Map, the City shall 

12 notify the Tribe of the proposed activities to provide 

13 the Tribe with adequate time to inventory and col14 lect any artifacts in the affected area. 

15 (2) AUTHORIZED ACTIVITIES.—On receipt of 

16 notice under paragraph (1), the Tribe may collect 

17 and possess any artifacts relating to the Tribe in the 

18 land identified as ‘‘Parcel #2’’ on the Map. 

19 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section. 

22 SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA 

23 CONVEYANCE. 

24 (a) DEFINITIONS.—In this section: 


jbell on PROD1PC69 with BILLS
373 

•S 22 PCS

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

2 Henderson, Nevada. 

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

4 the Secretary of the Interior. 

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

6 of Nevada. 

7 (4) TRANSITION AREA.—The term ‘‘Transition 

8 Area’’ means the approximately 502 acres of Fed9 eral land located in Henderson, Nevada, and identi10 fied as ‘‘Limited Transition Area’’ on the map enti11 tled ‘‘Southern Nevada Limited Transition Area 

12 Act’’ and dated March 20, 2006. 

13 (b) SOUTHERN NEVADA LIMITED TRANSITION

14 AREA.— 

15 (1) CONVEYANCE.—Notwithstanding the Fed16 eral Land Policy and Management Act of 1976 (43 

17 U.S.C. 1701 et seq.), on request of the City, the 

18 Secretary shall, without consideration and subject to 

19 all valid existing rights, convey to the City all right, 

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

21 Transition Area. 

22 (2) USE OF LAND FOR NONRESIDENTIAL DE23 VELOPMENT.— 

24 (A) IN GENERAL.—After the conveyance to 

25 the City under paragraph (1), the City may sell, 


jbell on PROD1PC69 with BILLS
374 

•S 22 PCS

1 lease, or otherwise convey any portion or por2 tions of the Transition Area for purposes of 

3 nonresidential development. 

4 (B) METHOD OF SALE.— 

5 (i) IN GENERAL.—The sale, lease, or 

6 conveyance of land under subparagraph 

7 (A) shall be through a competitive bidding 

8 process. 

9 (ii) FAIR MARKET VALUE.—Any land 

10 sold, leased, or otherwise conveyed under 

11 subparagraph (A) shall be for not less than 

12 fair market value. 

13 (C) COMPLIANCE WITH CHARTER.—Except 

14 as provided in subparagraphs (B) and (D), the 

15 City may sell, lease, or otherwise convey parcels 

16 within the Transition Area only in accordance 

17 with the procedures for conveyances established 

18 in the City Charter. 

19 (D) DISPOSITION OF PROCEEDS.—The 

20 gross proceeds from the sale of land under sub21 paragraph (A) shall be distributed in accord22 ance with section 4(e) of the Southern Nevada 

23 Public Land Management Act of 1998 (112 

24 Stat. 2345). 


jbell on PROD1PC69 with BILLS
375 

•S 22 PCS

1 (3) USE OF LAND FOR RECREATION OR OTHER

2 PUBLIC PURPOSES.—The City may elect to retain 

3 parcels in the Transition Area for public recreation 

4 or other public purposes consistent with the Act of 

5 June 14, 1926 (commonly known as the ‘‘Recreation 

6 and Public Purposes Act’’) (43 U.S.C. 869 et seq.) 

7 by providing to the Secretary written notice of the 

8 election. 

9 (4) NOISE COMPATIBILITY REQUIREMENTS.— 

10 The City shall— 

11 (A) plan and manage the Transition Area 

12 in accordance with section 47504 of title 49, 

13 United States Code (relating to airport noise 

14 compatibility planning), and regulations pro15 mulgated in accordance with that section; and 

16 (B) agree that if any land in the Transi17 tion Area is sold, leased, or otherwise conveyed 

18 by the City, the sale, lease, or conveyance shall 

19 contain a limitation to require uses compatible 

20 with that airport noise compatibility planning. 

21 (5) REVERSION.— 

22 (A) IN GENERAL.—If any parcel of land in 

23 the Transition Area is not conveyed for nonresi24 dential development under this section or re25 served for recreation or other public purposes 


jbell on PROD1PC69 with BILLS
376 

•S 22 PCS

1 under paragraph (3) by the date that is 20 

2 years after the date of enactment of this Act, 

3 the parcel of land shall, at the discretion of the 

4 Secretary, revert to the United States. 

5 (B) INCONSISTENT USE.—If the City uses 

6 any parcel of land within the Transition Area 

7 in a manner that is inconsistent with the uses 

8 specified in this subsection— 

9 (i) at the discretion of the Secretary, 

10 the parcel shall revert to the United 

11 States; or 

12 (ii) if the Secretary does not make an 

13 election under clause (i), the City shall sell 

14 the parcel of land in accordance with this 

15 subsection. 

16 SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEY17 ANCE. 

18 (a) DEFINITIONS.—In this section: 

19 (1) ALTA-HUALAPAI SITE.—The term ‘‘Alta20 Hualapai Site’’ means the approximately 80 acres of 

21 land that is— 

22 (A) patented to the City under the Act of 

23 June 14, 1926 (commonly known as the 

24 ‘‘Recreation and Public Purposes Act’’) (43 

25 U.S.C. 869 et seq.); and 


jbell on PROD1PC69 with BILLS
377 

•S 22 PCS

1 (B) identified on the map as the ‘‘Alta2 Hualapai Site’’. 

3 (2) CITY.—The term ‘‘City’’ means the city of 

4 Las Vegas, Nevada. 

5 (3) INSTITUTE.—The term ‘‘Institute’’ means 

6 the Nevada Cancer Institute, a nonprofit organiza7 tion described under section 501(c)(3) of the Inter8 nal Revenue Code of 1986, the principal place of 

9 business of which is at 10441 West Twain Avenue, 

10 Las Vegas, Nevada. 

11 (4) MAP.—The term ‘‘map’’ means the map ti12 tled ‘‘Nevada Cancer Institute Expansion Act’’ and 

13 dated July 17, 2006. 

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

15 the Secretary of the Interior, acting through the Di16 rector of the Bureau of Land Management. 

17 (6) WATER DISTRICT.—The term ‘‘Water Dis18 trict’’ means the Las Vegas Valley Water District. 

19 (b) LAND CONVEYANCE.— 

20 (1) SURVEY AND LEGAL DESCRIPTION.—The 

21 City shall prepare a survey and legal description of 

22 the Alta-Hualapai Site. The survey shall conform to 

23 the Bureau of Land Management cadastral survey 

24 standards and be subject to approval by the Sec25 retary. 


jbell on PROD1PC69 with BILLS
378 

•S 22 PCS

1 (2) ACCEPTANCE.—The Secretary may accept 

2 the relinquishment by the City of all or part of the 

3 Alta-Hualapai Site. 

4 (3) CONVEYANCE FOR USE AS NONPROFIT CAN5 CER INSTITUTE.—After relinquishment of all or part 

6 of the Alta-Hualapai Site to the Secretary, and not 

7 later than 180 days after request of the Institute, 

8 the Secretary shall convey to the Institute, subject 

9 to valid existing rights, the portion of the Alta10 Hualapai Site that is necessary for the development 

11 of a nonprofit cancer institute. 

12 (4) ADDITIONAL CONVEYANCES.—Not later 

13 than 180 days after a request from the City, the 

14 Secretary shall convey to the City, subject to valid 

15 existing rights, any remaining portion of the Alta16 Hualapai Site necessary for ancillary medical or 

17 nonprofit use compatible with the mission of the In18 stitute. 

19 (5) APPLICABLE LAW.—Any conveyance by the 

20 City of any portion of the land received under this 

21 section shall be for no less than fair market value 

22 and the proceeds shall be distributed in accordance 

23 with section 4(e)(1) of Public Law 105–263 (112 

24 Stat. 2345). 


jbell on PROD1PC69 with BILLS
379 

•S 22 PCS

1 (6) TRANSACTION COSTS.—All land conveyed by 

2 the Secretary under this section shall be at no cost, 

3 except that the Secretary may require the recipient 

4 to bear any costs associated with transfer of title or 

5 any necessary land surveys. 

6 (7) REPORT.—Not later than 180 days after 

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

8 shall submit to the Committee on Natural Resources 

9 of the House of Representatives and the Committee 

10 on Energy and Natural Resources of the Senate a 

11 report on all transactions conducted under Public 

12 Law 105–263 (112 Stat. 2345). 

13 (c) RIGHTS-OF-WAY.—Consistent with the Federal 

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

15 1701), the Secretary may grant rights-of-way to the Water 

16 District on a portion of the Alta-Hualapai Site for a flood 

17 control project and a water pumping facility. 

18 (d) REVERSION.—Any property conveyed pursuant to 

19 this section which ceases to be used for the purposes speci20 fied in this section shall, at the discretion of the Secretary, 

21 revert to the United States, along with any improvements 

22 thereon or thereto. 

23 SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH. 

24 (a) DEFINITIONS.—In this section: 


jbell on PROD1PC69 with BILLS
380 

•S 22 PCS

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

2 means the approximately 25 acres of Bureau of 

3 Land Management land identified on the map as 

4 ‘‘Lands to be conveyed to Turnabout Ranch’’. 

5 (2) MAP.—The term ‘‘map’’ means the map en6 titled ‘‘Turnabout Ranch Conveyance’’ dated May 

7 12, 2006, and on file in the office of the Director 

8 of the Bureau of Land Management. 

9 (3) MONUMENT.—The term ‘‘Monument’’ 

10 means the Grand Staircase-Escalante National 

11 Monument located in southern Utah. 

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

13 the Secretary of the Interior. 

14 (5) TURNABOUT RANCH.—The term ‘‘Turn15 about Ranch’’ means the Turnabout Ranch in 

16 Escalante, Utah, owned by Aspen Education Group. 

17 (b) CONVEYANCE OF FEDERAL LAND TO TURN18 ABOUT RANCH.— 

19 (1) IN GENERAL.—Notwithstanding the land 

20 use planning requirements of sections 202 and 203 

21 of the Federal Land Policy and Management Act of 

22 1976 (43 U.S.C. 1712, 1713), if not later than 30 

23 days after completion of the appraisal required 

24 under paragraph (2), Turnabout Ranch of 

25 Escalante, Utah, submits to the Secretary an offer 


jbell on PROD1PC69 with BILLS
381 

•S 22 PCS

1 to acquire the Federal land for the appraised value, 

2 the Secretary shall, not later than 30 days after the 

3 date of the offer, convey to Turnabout Ranch all 

4 right, title, and interest to the Federal land, subject 

5 to valid existing rights. 

6 (2) APPRAISAL.—Not later than 90 days after 

7 the date of enactment of this Act, the Secretary 

8 shall complete an appraisal of the Federal land. The 

9 appraisal shall be completed in accordance with the 

10 ‘‘Uniform Appraisal Standards for Federal Land Ac11 quisitions’’ and the ‘‘Uniform Standards of Profes12 sional Appraisal Practice’’. All costs associated with 

13 the appraisal shall be born by Turnabout Ranch. 

14 (3) PAYMENT OF CONSIDERATION.—Not later 

15 than 30 days after the date on which the Federal 

16 land is conveyed under paragraph (1), as a condition 

17 of the conveyance, Turnabout Ranch shall pay to the 

18 Secretary an amount equal to the appraised value of 

19 the Federal land, as determined under paragraph 

20 (2). 

21 (4) COSTS OF CONVEYANCE.—As a condition of 

22 the conveyance, any costs of the conveyance under 

23 this section shall be paid by Turnabout Ranch. 

24 (5) DISPOSITION OF PROCEEDS.—The Sec25 retary shall deposit the proceeds from the conveyVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
382 

•S 22 PCS

1 ance of the Federal land under paragraph (1) in the 

2 Federal Land Deposit Account established by sec3 tion 206 of the Federal Land Transaction Facilita4 tion Act(43 U.S.C. 2305), to be expended in accord5 ance with that Act. 

6 (c) MODIFICATION OF MONUMENT BOUNDARY.— 

7 When the conveyance authorized by subsection (b) is com8 pleted, the boundaries of the Grand Staircase-Escalante 

9 National Monument in the State of Utah are hereby modi10 fied to exclude the Federal land conveyed to Turnabout 

11 Ranch. 

12 SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH. 

13 (a) DEFINITIONS.—In this section: 

14 (1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ 

15 means the Utah National Parks Council of the Boy 

16 Scouts of America. 

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

18 the Secretary of the Interior. 

19 (b) BOY SCOUTS OF AMERICA LAND EXCHANGE.— 

20 (1) AUTHORITY TO CONVEY.— 

21 (A) IN GENERAL.—Subject to paragraph 

22 (3) and notwithstanding the Act of June 14, 

23 1926 (commonly known as the ‘‘Recreation and 

24 Public Purposes Act’’) (43 U.S.C. 869 et seq.), 

25 the Boy Scouts may convey to Brian Head ReVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
383 

•S 22 PCS

1 sort, subject to valid existing rights and, except 

2 as provided in subparagraph (B), any rights re3 served by the United States, all right, title, and 

4 interest granted to the Boy Scouts by the origi5 nal patent to the parcel described in paragraph 

6 (2)(A) in exchange for the conveyance by Brian 

7 Head Resort to the Boy Scouts of all right, 

8 title, and interest in and to the parcels de9 scribed in paragraph (2)(B). 

10 (B) REVERSIONARY INTEREST.—On con11 veyance of the parcel of land described in para12 graph (2)(A), the Secretary shall have discre13 tion with respect to whether or not the rever14 sionary interests of the United States are to be 

15 exercised. 

16 (2) DESCRIPTION OF LAND.—The parcels of 

17 land referred to in paragraph (1) are— 

18 (A) the 120-acre parcel that is part of a 

19 tract of public land acquired by the Boy Scouts 

20 under the Act of June 14, 1926 (commonly 

21 known as the ‘‘Recreation and Public Purposes 

22 Act’’) (43 U.S.C. 869 et seq.) for the purpose 

23 of operating a camp, which is more particularly 

24 described as the W 1/2 SE 1/4 and SE 1/4 SE 


jbell on PROD1PC69 with BILLS
384 

•S 22 PCS

1 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake Base 

2 and Meridian; and 

3 (B) the 2 parcels of private land owned by 

4 Brian Head Resort that total 120 acres, which 

5 are more particularly described as— 

6 (i) NE 1/4 NW 1/4 and NE 1/4 NE 

7 1/4 sec. 25, T. 35 S., R. 9 W., Salt Lake 

8 Base and Meridian; and 

9 (ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., 

10 R. 9 W., Salt Lake Base Meridian. 

11 (3) CONDITIONS.—On conveyance to the Boy 

12 Scouts under paragraph (1)(A), the parcels of land 

13 described in paragraph (2)(B) shall be subject to the 

14 terms and conditions imposed on the entire tract of 

15 land acquired by the Boy Scouts for a camp under 

16 the Bureau of Land Management patent numbered 

17 43–75–0010. 

18 (4) MODIFICATION OF PATENT.—On completion 

19 of the exchange under paragraph (1)(A), the Sec20 retary shall amend the original Bureau of Land 

21 Management patent providing for the conveyance to 

22 the Boy Scouts under the Act of June 14, 1926 

23 (commonly known as the ‘‘Recreation and Public 

24 Purposes Act’’) (43 U.S.C. 869 et seq.) numbered 


jbell on PROD1PC69 with BILLS
385 

•S 22 PCS

1 43–75–0010 to take into account the exchange 

2 under paragraph (1)(A). 

3 SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CON4 VEYANCE. 

5 (a) DEFINITIONS.—In this section: 

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

7 means the approximately 622 acres of Federal land 

8 managed by the Bureau of Land Management and 

9 identified for conveyance on the map prepared by 

10 the Bureau of Land Management entitled ‘‘Douglas 

11 County Public Utility District Proposal’’ and dated 

12 March 2, 2006. 

13 (2) PUD.—The term ‘‘PUD’’ means the Public 

14 Utility District No. 1 of Douglas County, Wash15 ington. 

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

17 the Secretary of the Interior. 

18 (4) WELLS HYDROELECTRIC PROJECT.—The 

19 term ‘‘Wells Hydroelectric Project’’ means Federal 

20 Energy Regulatory Commission Project No. 2149. 

21 (b) CONVEYANCE OF PUBLIC LAND, WELLS HYDRO22 ELECTRIC PROJECT, PUBLIC UTILITY DISTRICT NO. 1 OF

23 DOUGLAS COUNTY, WASHINGTON.— 

24 (1) CONVEYANCE REQUIRED.—Notwithstanding 

25 the land use planning requirements of sections 202 


jbell on PROD1PC69 with BILLS
386 

•S 22 PCS

1 and 203 of the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1712, 1713), and not3 withstanding section 24 of the Federal Power Act 

4 (16 U.S.C. 818) and Federal Power Order for 

5 Project 2149, and subject to valid existing rights, if 

6 not later than 45 days after the date of completion 

7 of the appraisal required under paragraph (2), the 

8 Public Utility District No. 1 of Douglas County, 

9 Washington, submits to the Secretary an offer to ac10 quire the public land for the appraised value, the 

11 Secretary shall convey, not later than 30 days after 

12 the date of the offer, to the PUD all right, title, and 

13 interest of the United States in and to the public 

14 land. 

15 (2) APPRAISAL.—Not later than 60 days after 

16 the date of enactment of this Act, the Secretary 

17 shall complete an appraisal of the public land. The 

18 appraisal shall be conducted in accordance with the 

19 ‘‘Uniform Appraisal Standards for Federal Land Ac20 quisitions’’ and the ‘‘Uniform Standards of Profes21 sional Appraisal Practice’’. 

22 (3) PAYMENT.—Not later than 30 days after 

23 the date on which the public land is conveyed under 

24 this subsection, the PUD shall pay to the Secretary 


jbell on PROD1PC69 with BILLS
387 

•S 22 PCS

1 an amount equal to the appraised value of the public 

2 land as determined under paragraph (2). 

3 (4) MAP AND LEGAL DESCRIPTIONS.—As soon 

4 as practicable after the date of enactment of this 

5 Act, the Secretary shall finalize legal descriptions of 

6 the public land to be conveyed under this subsection. 

7 The Secretary may correct any minor errors in the 

8 map referred to in subsection (a)(1) or in the legal 

9 descriptions. The map and legal descriptions shall be 

10 on file and available for public inspection in appro11 priate offices of the Bureau of Land Management. 

12 (5) COSTS OF CONVEYANCE.—As a condition of 

13 conveyance, any costs related to the conveyance 

14 under this subsection shall be paid by the PUD. 

15 (6) DISPOSITION OF PROCEEDS.—The Sec16 retary shall deposit the proceeds from the sale in the 

17 Federal Land Disposal Account established by sec18 tion 206 of the Federal Land Transaction Facilita19 tion Act (43 U.S.C. 2305) to be expended to im20 prove access to public lands administered by the Bu21 reau of Land Management in the State of Wash22 ington. 

23 (c) SEGREGATION OF LANDS.— 

24 (1) WITHDRAWAL.—Except as provided in sub25 section (b)(1), effective immediately upon enactment 


jbell on PROD1PC69 with BILLS
388 

•S 22 PCS

1 of this Act, and subject to valid existing rights, the 

2 public land is withdrawn from— 

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

4 disposal under the public land laws, and all 

5 amendments thereto; 

6 (B) location, entry, and patenting under 

7 the mining laws, and all amendments thereto; 

8 and 

9 (C) operation of the mineral leasing, min10 eral materials, and geothermal leasing laws, and 

11 all amendments thereto. 

12 (2) DURATION.—This subsection expires two 

13 years after the date of enactment of this Act or on 

14 the date of the completion of the conveyance under 

15 subsection (b), whichever is earlier. 

16 (d) RETAINED AUTHORITY.—The Secretary shall re17 tain the authority to place conditions on the license to in18 sure adequate protection and utilization of the public land 

19 granted to the Secretary in section 4(e) of the Federal 

20 Power Act (16 U.S.C. 797(e)) until the Federal Energy 

21 Regulatory Commission has issued a new license for the 

22 Wells Hydroelectric Project, to replace the original license 

23 expiring May 31, 2012, consistent with section 15 of the 

24 Federal Power Act (16 U.S.C. 808). 


jbell on PROD1PC69 with BILLS
389 

•S 22 PCS

1 SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE. 

2 (a) CONVEYANCE.—As soon as practicable after the 

3 date of enactment of this Act, the Secretary of the Inte4 rior, acting through the Director of the Bureau of Land 

5 Management, shall convey to the city of Twin Falls, Idaho, 

6 subject to valid existing rights, without consideration, all 

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

8 the 4 parcels of land described in subsection (b). 

9 (b) LAND DESCRIPTION.—The 4 parcels of land to 

10 be conveyed under subsection (a) are the approximately 

11 165 acres of land in Twin Falls County, Idaho, that are 

12 identified as ‘‘Land to be conveyed to Twin Falls’’ on the 

13 map titled ‘‘Twin Falls Land Conveyance’’ and dated July 

14 28, 2008. 

15 (c) MAP ON FILE.—A map depicting the land de16 scribed in subsection (b) shall be on file and available for 

17 public inspection in the appropriate offices of the Bureau 

18 of Land Management. 

19 (d) USE OF CONVEYED LANDS.— 

20 (1) PURPOSE.—The land conveyed under this 

21 section shall be used to support the public purposes 

22 of the Auger Falls Project, including a limited agri23 cultural exemption to allow for water quality and 

24 wildlife habitat improvements. 

25 (2) RESTRICTION.—The land conveyed under 

26 this section shall not be used for residential or comVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
390 

•S 22 PCS

1 mercial purposes, except for the limited agricultural 

2 exemption described in paragraph (1). 

3 (3) ADDITIONAL TERMS AND CONDITIONS.— 

4 The Secretary of the Interior may require such addi5 tional terms and conditions in connection with the 

6 conveyance as the Secretary considers appropriate to 

7 protect the interests of the United States. 

8 (e) REVERSION.—If the land conveyed under this sec9 tion is no longer used in accordance with subsection (d)— 

10 (1) the land shall, at the discretion of the Sec11 retary based on his determination of the best inter12 ests of the United States, revert to the United 

13 States; and 

14 (2) if the Secretary chooses to have the land re15 vert to the United States and if the Secretary deter16 mines that the land is environmentally contami17 nated, the city of Twin Falls, Idaho, or any other 

18 person responsible for the contamination shall reme19 diate the contamination. 

20 (f) ADMINISTRATIVE COSTS.—The Secretary shall re21 quire that the city of Twin Falls, Idaho, pay all survey 

22 costs and other administrative costs necessary for the 

23 preparation and completion of any patents of and transfer 

24 of title to property under this section. 


jbell on PROD1PC69 with BILLS
391 

•S 22 PCS

1 SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RE2 LEASE, NEVADA. 

3 (a) FINDING.—Congress finds that the land de4 scribed in subsection (c) has been adequately studied for 

5 wilderness designation under section 603 of the Federal 

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

7 1782). 

8 (b) RELEASE.—The land described in subsection 

9 (c)— 

10 (1) is no longer subject to section 603(c) of the 

11 Federal Land Policy and Management Act of 1976 

12 (43 U.S.C. 1782(c)); and 

13 (2) shall be managed in accordance with— 

14 (A) land management plans adopted under 

15 section 202 of that Act (43 U.S.C. 1712); and 

16 (B) cooperative conservation agreements in 

17 existence on the date of the enactment of this 

18 Act. 

19 (c) DESCRIPTION OF LAND.—The land referred to in 

20 subsections (a) and (b) is the approximately 70 acres of 

21 land in the Sunrise Mountain Instant Study Area of Clark 

22 County, Nevada, that is designated on the map entitled 

23 ‘‘Sunrise Mountain ISA Release Areas’’ and dated Sep24 tember 6, 2008. 


jbell on PROD1PC69 with BILLS
392 

•S 22 PCS

1 SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE. 

2 (a) CONVEYANCE OF LAND BY THE BUREAU OF

3 LAND MANAGEMENT TO PARK CITY, UTAH.— 

4 (1) LAND TRANSFER.—Notwithstanding the 

5 planning requirements of sections 202 and 203 of 

6 the Federal Land Policy and Management Act of 

7 1976 (43 U.S.C. 1712, 1713), the Secretary of the 

8 Interior shall convey, not later than 180 days after 

9 the date of the enactment of this Act, to Park City, 

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

11 States in and to two parcels of real property located 

12 in Park City, Utah, that are currently under the 

13 management jurisdiction of the Bureau of Land 

14 Management and designated as parcel 8 (commonly 

15 known as the White Acre parcel) and parcel 16 

16 (commonly known as the Gambel Oak parcel). The 

17 conveyance shall be subject to all valid existing 

18 rights. 

19 (2) DEED RESTRICTION.—The conveyance of 

20 the lands under paragraph (1) shall be made by a 

21 deed or deeds containing a restriction requiring that 

22 the lands be maintained as open space and used 

23 solely for public recreation purposes or other pur24 poses consistent with their maintenance as open 

25 space. This restriction shall not be interpreted to 

26 prohibit the construction or maintenance of recVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
393 

•S 22 PCS

1 reational facilities, utilities, or other structures that 

2 are consistent with the maintenance of the lands as 

3 open space or its use for public recreation purposes. 

4 (3) CONSIDERATION.—In consideration for the 

5 transfer of the land under paragraph (1), Park City 

6 shall pay to the Secretary of the Interior an amount 

7 consistent with conveyances to governmental entities 

8 for recreational purposes under the Act of June 14, 

9 1926 (commonly known as the Recreation and Pub10 lic Purposes Act; 43 U.S.C. 869 et seq.). 

11 (b) SALE OF BUREAU OF LAND MANAGEMENT LAND

12 IN PARK CITY, UTAH, AT AUCTION.— 

13 (1) SALE OF LAND.—Not later than 180 days 

14 after the date of the enactment of this Act, the Sec15 retary of the Interior shall offer for sale any right, 

16 title, or interest of the United States in and to two 

17 parcels of real property located in Park City, Utah, 

18 that are currently under the management jurisdic19 tion of the Bureau of Land Management and are 

20 designated as parcels 17 and 18 in the Park City, 

21 Utah, area. The sale of the land shall be carried out 

22 in accordance with the Federal Land Policy and 

23 Management Act of 1976 (43 U.S.C. 1701) and 

24 other applicable law, other than the planning provi25 sions of sections 202 and 203 of such Act (43 


jbell on PROD1PC69 with BILLS
394 

•S 22 PCS

1 U.S.C. 1712, 1713), and shall be subject to all valid 

2 existing rights. 

3 (2) METHOD OF SALE.—The sale of the land 

4 under paragraph (1) shall be consistent with sub5 sections (d) and (f) of section 203 of the Federal 

6 Land Policy and Management Act of 1976 (43 

7 U.S.C. 1713) through a competitive bidding process 

8 and for not less than fair market value. 

9 (c) DISPOSITION OF LAND SALES PROCEEDS.—All 

10 proceeds derived from the sale of land described in this 

11 section shall be deposited in the Federal Land Disposal 

12 Account established by section 206(a) of the Federal Land 

13 Transaction Facilitation Act (43 U.S.C. 2305(a)). 

14 SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CER15 TAIN LANDS IN RENO, NEVADA. 

16 (a) RAILROAD LANDS DEFINED.—For the purposes 

17 of this section, the term ‘‘railroad lands’’ means those 

18 lands within the City of Reno, Nevada, located within por19 tions of sections 10, 11, and 12 of T.19 N., R. 19 E., 

20 and portions of section 7 of T.19 N., R. 20 E., Mount 

21 Diablo Meridian, Nevada, that were originally granted to 

22 the Union Pacific Railroad under the provisions of the Act 

23 of July 1, 1862, commonly known as the Union Pacific 

24 Railroad Act. 


jbell on PROD1PC69 with BILLS
395 

•S 22 PCS

1 (b) RELEASE OF REVERSIONARY INTEREST.—Any 

2 reversionary interests of the United States (including in3 terests under the Act of July 1, 1862, commonly known 

4 as the Union Pacific Railroad Act) in and to the railroad 

5 lands as defined in subsection (a) of this section are here6 by released. 

7 SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE 

8 TUOLUMNE RANCHERIA. 

9 (a) IN GENERAL.— 

10 (1) FEDERAL LANDS.—Subject to valid existing 

11 rights, all right, title, and interest (including im12 provements and appurtenances) of the United States 

13 in and to the Federal lands described in subsection 

14 (b), the Federal lands shall be declared to be held 

15 in trust by the United States for the benefit of the 

16 Tribe for nongaming purposes, and shall be subject 

17 to the same terms and conditions as those lands de18 scribed in the California Indian Land Transfer Act 

19 (Public Law 106–568; 114 Stat. 2921). 

20 (2) TRUST LANDS.—Lands described in sub21 section (c) of this section that are taken or to be 

22 taken in trust by the United States for the benefit 

23 of the Tribe shall be subject to subsection (c) of sec24 tion 903 of the California Indian Land Transfer Act 

25 (Public Law 106–568; 114 Stat. 2921). 


jbell on PROD1PC69 with BILLS
396 

•S 22 PCS

1 (b) FEDERAL LANDS DESCRIBED.—The Federal 

2 lands described in this subsection, comprising approxi3 mately 66 acres, are as follows: 

4 (1) Township 1 North, Range 16 East, Section 

5 6, Lots 10 and 12, MDM, containing 50.24 acres 

6 more or less. 

7 (2) Township 1 North, Range 16 East, Section 

8 5, Lot 16, MDM, containing 15.35 acres more or 

9 less. 

10 (3) Township 2 North, Range 16 East, Section 

11 32, Indian Cemetery Reservation within Lot 22, 

12 MDM, containing 0.4 acres more or less. 

13 (c) TRUST LANDS DESCRIBED.—The trust lands de14 scribed in this subsection, comprising approximately 357 

15 acres, are commonly referred to as follows: 

16 (1) Thomas property, pending trust acquisition, 

17 104.50 acres. 

18 (2) Coenenburg property, pending trust acquisi19 tion, 192.70 acres, subject to existing easements of 

20 record, including but not limited to a non-exclusive 

21 easement for ingress and egress for the benefit of 

22 adjoining property as conveyed by Easement Deed 

23 recorded July 13, 1984, in Volume 755, Pages 189 

24 to 192, and as further defined by Stipulation and 

25 Judgment entered by Tuolumne County Superior 


jbell on PROD1PC69 with BILLS
397 

•S 22 PCS

1 Court on September 2, 1983, and recorded June 4, 

2 1984, in Volume 751, Pages 61 to 67. 

3 (3) Assessor Parcel No. 620505300, 1.5 acres, 

4 trust land. 

5 (4) Assessor Parcel No. 620505400, 19.23 

6 acres, trust land. 

7 (5) Assessor Parcel No. 620505600, 3.46 acres, 

8 trust land. 

9 (6) Assessor Parcel No. 620505700, 7.44 acres, 

10 trust land. 

11 (7) Assessor Parcel No. 620401700, 0.8 acres, 

12 trust land. 

13 (8) A portion of Assessor Parcel No. 

14 620500200, 2.5 acres, trust land. 

15 (9) Assessor Parcel No. 620506200, 24.87 

16 acres, trust land. 

17 (d) SURVEY.—As soon as practicable after the date 

18 of the enactment of this Act, the Office of Cadastral Sur19 vey of the Bureau of Land Management shall complete 

20 fieldwork required for a survey of the lands described in 

21 subsections (b) and (c) for the purpose of incorporating 

22 those lands within the boundaries of the Tuolumne 

23 Rancheria. Not later than 90 days after that fieldwork is 

24 completed, that office shall complete the survey. 

25 (e) LEGAL DESCRIPTIONS.— 


jbell on PROD1PC69 with BILLS
398 

•S 22 PCS

1 (1) PUBLICATION.—On approval by the Com2 munity Council of the Tribe of the survey completed 

3 under subsection (d), the Secretary of the Interior 

4 shall publish in the Federal Register— 

5 (A) a legal description of the new bound6 ary lines of the Tuolumne Rancheria; and 

7 (B) a legal description of the land surveyed 

8 under subsection (d). 

9 (2) EFFECT.—Beginning on the date on which 

10 the legal descriptions are published under paragraph 

11 (1), such legal descriptions shall be the official legal 

12 descriptions of those boundary lines of the Tuolumne 

13 Rancheria and the lands surveyed. 

14 TITLE III—FOREST SERVICE 

15 AUTHORIZATIONS 

16 Subtitle A—Watershed Restoration 

17 and Enhancement 

18 SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT 

19 AGREEMENTS. 

20 Section 323 of the Department of the Interior and 

21 Related Agencies Appropriations Act, 1999 (16 U.S.C. 

22 1011 note; Public Law 105–277), is amended— 

23 (1) in subsection (a), by striking ‘‘each of fiscal 

24 years 2006 through 2011’’ and inserting ‘‘fiscal year 

25 2006 and each fiscal year thereafter’’; 


jbell on PROD1PC69 with BILLS
399 

•S 22 PCS

1 (2) by redesignating subsection (d) as sub2 section (e); and 

3 (3) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) APPLICABLE LAW.—Chapter 63 of title 31, 

6 United States Code, shall not apply to— 

7 ‘‘(1) a watershed restoration and enhancement 

8 agreement entered into under this section; or 

9 ‘‘(2) an agreement entered into under the first 

10 section of Public Law 94–148 (16 U.S.C. 565a–1).’’. 

11 Subtitle B—Wildland Firefighter 

12 Safety 

13 SEC. 3101. WILDLAND FIREFIGHTER SAFETY. 

14 (a) DEFINITIONS.—In this section: 

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

16 means— 

17 (A) the Secretary of the Interior, acting 

18 through the Directors of the Bureau of Land 

19 Management, the United States Fish and Wild20 life Service, the National Park Service, and the 

21 Bureau of Indian Affairs; and 

22 (B) the Secretary of Agriculture, acting 

23 through the Chief of the Forest Service. 


jbell on PROD1PC69 with BILLS
400 

•S 22 PCS

1 (2) WILDLAND FIREFIGHTER.—The term 

2 ‘‘wildland firefighter’’ means any person who partici3 pates in wildland firefighting activities— 

4 (A) under the direction of either of the 

5 Secretaries; or 

6 (B) under a contract or compact with a 

7 federally recognized Indian tribe. 

8 (b) ANNUAL REPORT TO CONGRESS.— 

9 (1) IN GENERAL.—The Secretaries shall jointly 

10 submit to Congress an annual report on the wildland 

11 firefighter safety practices of the Secretaries, includ12 ing training programs and activities for wildland fire 

13 suppression, prescribed burning, and wildland fire 

14 use, during the preceding calendar year. 

15 (2) TIMELINE.—Each report under paragraph 

16 (1) shall— 

17 (A) be submitted by not later than March 

18 of the year following the calendar year covered 

19 by the report; and 

20 (B) include— 

21 (i) a description of, and any changes 

22 to, wildland firefighter safety practices, in23 cluding training programs and activities 

24 for wildland fire suppression, prescribed 

25 burning, and wildland fire use; 


jbell on PROD1PC69 with BILLS
401 

•S 22 PCS

1 (ii) statistics and trend analyses; 

2 (iii) an estimate of the amount of 

3 Federal funds expended by the Secretaries 

4 on wildland firefighter safety practices, in5 cluding training programs and activities 

6 for wildland fire suppression, prescribed 

7 burning, and wildland fire use; 

8 (iv) progress made in implementing 

9 recommendations from the Inspector Gen10 eral, the Government Accountability Office, 

11 the Occupational Safety and Health Ad12 ministration, or an agency report relating 

13 to a wildland firefighting fatality issued 

14 during the preceding 10 years; and 

15 (v) a description of— 

16 (I) the provisions relating to 

17 wildland firefighter safety practices in 

18 any Federal contract or other agree19 ment governing the provision of 

20 wildland firefighters by a non-Federal 

21 entity; 

22 (II) a summary of any actions 

23 taken by the Secretaries to ensure 

24 that the provisions relating to safety 

25 practices, including training, are comVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
402 

•S 22 PCS

1 plied with by the non-Federal entity; 

2 and 

3 (III) the results of those actions. 

4 Subtitle C—Wyoming Range 

5 SEC. 3201. DEFINITIONS. 

6 In this subtitle: 

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

8 the Secretary of the Interior. 

9 (2) WYOMING RANGE WITHDRAWAL AREA.— 

10 The term ‘‘Wyoming Range Withdrawal Area’’ 

11 means all National Forest System land and federally 

12 owned minerals located within the boundaries of the 

13 Bridger-Teton National Forest identified on the map 

14 entitled ‘‘Wyoming Range Withdrawal Area’’ and 

15 dated October 17, 2007, on file with the Office of 

16 the Chief of the Forest Service and the Office of the 

17 Supervisor of the Bridger-Teton National Forest. 

18 SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYO19 MING RANGE. 

20 (a) WITHDRAWAL.—Except as provided in subsection 

21 (f), subject to valid existing rights as of the date of enact22 ment of this Act and the provisions of this subtitle, land 

23 in the Wyoming Range Withdrawal Area is withdrawn 

24 from— 


jbell on PROD1PC69 with BILLS
403 

•S 22 PCS

1 (1) all forms of appropriation or disposal under 

2 the public land laws; 

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

4 laws; and 

5 (3) disposition under laws relating to mineral 

6 and geothermal leasing. 

7 (b) EXISTING RIGHTS.—If any right referred to in 

8 subsection (a) is relinquished or otherwise acquired by the 

9 United States (including through donation under section 

10 3203) after the date of enactment of this Act, the land 

11 subject to that right shall be withdrawn in accordance with 

12 this section. 

13 (c) BUFFERS.—Nothing in this section requires— 

14 (1) the creation of a protective perimeter or 

15 buffer area outside the boundaries of the Wyoming 

16 Range Withdrawal Area; or 

17 (2) any prohibition on activities outside of the 

18 boundaries of the Wyoming Range Withdrawal Area 

19 that can be seen or heard from within the bound20 aries of the Wyoming Range Withdrawal Area. 

21 (d) LAND AND RESOURCE MANAGEMENT PLAN.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 the Bridger-Teton National Land and Resource 

24 Management Plan (including any revisions to the 


jbell on PROD1PC69 with BILLS
404 

•S 22 PCS

1 Plan) shall apply to any land within the Wyoming 

2 Range Withdrawal Area. 

3 (2) CONFLICTS.—If there is a conflict between 

4 this subtitle and the Bridger-Teton National Land 

5 and Resource Management Plan, this subtitle shall 

6 apply. 

7 (e) PRIOR LEASE SALES.—Nothing in this section 

8 prohibits the Secretary from taking any action necessary 

9 to issue, deny, remove the suspension of, or cancel a lease, 

10 or any sold lease parcel that has not been issued, pursuant 

11 to any lease sale conducted prior to the date of enactment 

12 of this Act, including the completion of any requirements 

13 under the National Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.). 

15 (f) EXCEPTION.—Notwithstanding the withdrawal in 

16 subsection (a), the Secretary may lease oil and gas re17 sources in the Wyoming Range Withdrawal Area that are 

18 within 1 mile of the boundary of the Wyoming Range 

19 Withdrawal Area in accordance with the Mineral Leasing 

20 Act (30 U.S.C. 181 et seq.) and subject to the following 

21 conditions: 

22 (1) The lease may only be accessed by direc23 tional drilling from a lease held by production on the 

24 date of enactment of this Act on National Forest 


jbell on PROD1PC69 with BILLS
405 

•S 22 PCS

1 System land that is adjacent to, and outside of, the 

2 Wyoming Range Withdrawal Area. 

3 (2) The lease shall prohibit, without exception 

4 or waiver, surface occupancy and surface disturb5 ance for any activities, including activities related to 

6 exploration, development, or production. 

7 (3) The directional drilling may extend no fur8 ther than 1 mile inside the boundary of the Wyo9 ming Range Withdrawal Area. 

10 SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EX11 ISTING MINING OR LEASING RIGHTS IN THE 

12 WYOMING RANGE. 

13 (a) NOTIFICATION OF LEASEHOLDERS.—Not later 

14 than 120 days after the date of enactment of this Act, 

15 the Secretary shall provide notice to holders of valid exist16 ing mining or leasing rights within the Wyoming Range 

17 Withdrawal Area of the potential opportunity for repur18 chase of those rights and retirement under this section. 

19 (b) REQUEST FOR LEASE RETIREMENT.— 

20 (1) IN GENERAL.—A holder of a valid existing 

21 mining or leasing right within the Wyoming Range 

22 Withdrawal Area may submit a written notice to the 

23 Secretary of the interest of the holder in the retire24 ment and repurchase of that right. 


jbell on PROD1PC69 with BILLS
406 

•S 22 PCS

1 (2) LIST OF INTERESTED HOLDERS.—The Sec2 retary shall prepare a list of interested holders and 

3 make the list available to any non-Federal entity or 

4 person interested in acquiring that right for retire5 ment by the Secretary. 

6 (c) PROHIBITION.—The Secretary may not use any 

7 Federal funds to purchase any right referred to in sub8 section (a). 

9 (d) DONATION AUTHORITY.—The Secretary shall— 

10 (1) accept the donation of any valid existing 

11 mining or leasing right in the Wyoming Range With12 drawal Area from the holder of that right or from 

13 any non-Federal entity or person that acquires that 

14 right; and 

15 (2) on acceptance, cancel that right. 

16 (e) RELATIONSHIP TO OTHER AUTHORITY.—Nothing 

17 in this subtitle affects any authority the Secretary may 

18 otherwise have to modify, suspend, or terminate a lease 

19 without compensation, or to recognize the transfer of a 

20 valid existing mining or leasing right, if otherwise author21 ized by law. 


jbell on PROD1PC69 with BILLS
407 

•S 22 PCS

1 Subtitle D—Land Conveyances and 

2 Exchanges 

3 SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, 

4 ALASKA. 

5 (a) DEFINITIONS.—In this section: 

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

7 Coffman Cove, Alaska. 

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

9 the Secretary of Agriculture. 

10 (b) CONVEYANCE.— 

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

12 rights, the Secretary shall convey to the City, with13 out consideration and by quitclaim deed all right, 

14 title, and interest of the United States, except as 

15 provided in paragraphs (3) and (4), in and to the 

16 parcel of National Forest System land described in 

17 paragraph (2). 

18 (2) DESCRIPTION OF LAND.— 

19 (A) IN GENERAL.—The parcel of National 

20 Forest System land referred to in paragraph 

21 (1) is the approximately 12 acres of land identi22 fied in U.S. Survey 10099, as depicted on the 

23 plat entitled ‘‘Subdivision of U.S. Survey No. 

24 10099’’ and recorded as Plat 2003–1 on JanuVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
408 

•S 22 PCS

1 ary 21, 2003, Petersburg Recording District, 

2 Alaska. 

3 (B) EXCLUDED LAND.—The parcel of Na4 tional Forest System land conveyed under para5 graph (1) does not include the portion of U.S. 

6 Survey 10099 that is north of the right-of-way 

7 for Forest Development Road 3030–295 and 

8 southeast of Tract CC–8. 

9 (3) RIGHT-OF-WAY.—The United States may 

10 reserve a right-of-way to provide access to the Na11 tional Forest System land excluded from the convey12 ance to the City under paragraph (2)(B). 

13 (4) REVERSION.—If any portion of the land 

14 conveyed under paragraph (1) (other than a portion 

15 of land sold under paragraph (5)) ceases to be used 

16 for public purposes, the land shall, at the option of 

17 the Secretary, revert to the United States. 

18 (5) CONDITIONS ON SUBSEQUENT CONVEY19 ANCES.—If the City sells any portion of the land 

20 conveyed to the City under paragraph (1)— 

21 (A) the amount of consideration for the 

22 sale shall reflect fair market value, as deter23 mined by an appraisal; and 

24 (B) the City shall pay to the Secretary an 

25 amount equal to the gross proceeds of the sale, 


jbell on PROD1PC69 with BILLS
409 

•S 22 PCS

1 which shall be available, without further appro2 priation, for the Tongass National Forest. 

3 SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST 

4 LAND CONVEYANCE, MONTANA. 

5 (a) DEFINITIONS.—In this section: 

6 (1) COUNTY.—The term ‘‘County’’ means Jef7 ferson County, Montana. 

8 (2) MAP.—The term ‘‘map’’ means the map 

9 that is— 

10 (A) entitled ‘‘Elkhorn Cemetery’’; 

11 (B) dated May 9, 2005; and 

12 (C) on file in the office of the Beaverhead13 Deerlodge National Forest Supervisor. 

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

15 the Secretary of Agriculture. 

16 (b) CONVEYANCE TO JEFFERSON COUNTY, MON17 TANA.— 

18 (1) CONVEYANCE.—Not later than 180 days 

19 after the date of enactment of this Act and subject 

20 to valid existing rights, the Secretary (acting 

21 through the Regional Forester, Northern Region, 

22 Missoula, Montana) shall convey by quitclaim deed 

23 to the County for no consideration, all right, title, 

24 and interest of the United States, except as provided 


jbell on PROD1PC69 with BILLS
410 

•S 22 PCS

1 in paragraph (5), in and to the parcel of land de2 scribed in paragraph (2). 

3 (2) DESCRIPTION OF LAND.—The parcel of 

4 land referred to in paragraph (1) is the parcel of ap5 proximately 9.67 acres of National Forest System 

6 land (including any improvements to the land) in the 

7 County that is known as the ‘‘Elkhorn Cemetery’’, 

8 as generally depicted on the map. 

9 (3) USE OF LAND.—As a condition of the con10 veyance under paragraph (1), the County shall— 

11 (A) use the land described in paragraph 

12 (2) as a County cemetery; and 

13 (B) agree to manage the cemetery with 

14 due consideration and protection for the historic 

15 and cultural values of the cemetery, under such 

16 terms and conditions as are agreed to by the 

17 Secretary and the County. 

18 (4) EASEMENT.—In conveying the land to the 

19 County under paragraph (1), the Secretary, in ac20 cordance with applicable law, shall grant to the 

21 County an easement across certain National Forest 

22 System land, as generally depicted on the map, to 

23 provide access to the land conveyed under that para24 graph. 


jbell on PROD1PC69 with BILLS
411 

•S 22 PCS

1 (5) REVERSION.—In the quitclaim deed to the 

2 County, the Secretary shall provide that the land 

3 conveyed to the County under paragraph (1) shall 

4 revert to the Secretary, at the election of the Sec5 retary, if the land is— 

6 (A) used for a purpose other than the pur7 poses described in paragraph (3)(A); or 

8 (B) managed by the County in a manner 

9 that is inconsistent with paragraph (3)(B). 

10 SEC. 3303. SANTA FE NATIONAL FOREST; PECOS NATIONAL 

11 HISTORICAL PARK LAND EXCHANGE. 

12 (a) DEFINITIONS.—In this section: 

13 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

14 means the approximately 160 acres of Federal land 

15 within the Santa Fe National Forest in the State, 

16 as depicted on the map. 

17 (2) LANDOWNER.—The term ‘‘landowner’’ 

18 means the 1 or more owners of the non-Federal 

19 land. 

20 (3) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Proposed Land Exchange for Pecos National 

22 Historical Park’’, numbered 430/80,054, dated No23 vember 19, 1999, and revised September 18, 2000. 

24 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed25 eral land’’ means the approximately 154 acres of 


jbell on PROD1PC69 with BILLS
412 

•S 22 PCS

1 non-Federal land in the Park, as depicted on the 

2 map. 

3 (5) PARK.—The term ‘‘Park’’ means the Pecos 

4 National Historical Park in the State. 

5 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

6 means the Secretary of the Interior and the Sec7 retary of Agriculture, acting jointly. 

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

9 of New Mexico. 

10 (b) LAND EXCHANGE.— 

11 (1) IN GENERAL.—If the Secretary of the Inte12 rior accepts the non-Federal land, title to which is 

13 acceptable to the Secretary of the Interior, the Sec14 retary of Agriculture shall, subject to the conditions 

15 of this section and the National Environmental Pol16 icy Act of 1969 (42 U.S.C. 4321 et seq.), convey to 

17 the landowner the Federal land. 

18 (2) EASEMENT.— 

19 (A) IN GENERAL.—As a condition of the 

20 conveyance of the non-Federal land, the land21 owner may reserve an easement (including an 

22 easement for service access) for water pipelines 

23 to 2 well sites located in the Park, as generally 

24 depicted on the map. 


jbell on PROD1PC69 with BILLS
413 

•S 22 PCS

1 (B) ROUTE.—The Secretary of the Interior 

2 and the landowner shall determine the appro3 priate route of the easement through the non4 Federal land. 

5 (C) TERMS AND CONDITIONS.—The ease6 ment shall include such terms and conditions 

7 relating to the use of, and access to, the well 

8 sites and pipeline, as the Secretary of the Inte9 rior and the landowner determine to be appro10 priate. 

11 (D) APPLICABLE LAW.—The easement 

12 shall be established, operated, and maintained 

13 in compliance with applicable Federal, State, 

14 and local laws. 

15 (3) VALUATION, APPRAISALS, AND EQUALI16 ZATION.— 

17 (A) IN GENERAL.—The value of the Fed18 eral land and non-Federal land— 

19 (i) shall be equal, as determined by 

20 appraisals conducted in accordance with 

21 subparagraph (B); or 

22 (ii) if the value is not equal, shall be 

23 equalized in accordance with subparagraph 

24 (C). 

25 (B) APPRAISALS.— 


jbell on PROD1PC69 with BILLS
414 

•S 22 PCS

1 (i) IN GENERAL.—The Federal land 

2 and non-Federal land shall be appraised by 

3 an independent appraiser selected by the 

4 Secretaries. 

5 (ii) REQUIREMENTS.—An appraisal 

6 conducted under clause (i) shall be con7 ducted in accordance with— 

8 (I) the Uniform Appraisal Stand9 ards for Federal Land Acquisitions; 

10 and 

11 (II) the Uniform Standards of 

12 Professional Appraisal Practice. 

13 (iii) APPROVAL.—The appraisals con14 ducted under this subparagraph shall be 

15 submitted to the Secretaries for approval. 

16 (C) EQUALIZATION OF VALUES.— 

17 (i) IN GENERAL.—If the values of the 

18 non-Federal land and the Federal land are 

19 not equal, the values may be equalized in 

20 accordance with section 206 of the Federal 

21 Land Policy and Management Act of 1976 

22 (43 U.S.C. 1716). 

23 (ii) CASH EQUALIZATION PAY24 MENTS.—Any amounts received by the 

25 Secretary of Agriculture as a cash equaliVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
415 

•S 22 PCS

1 zation payment under section 206(b) of the 

2 Federal Land Policy and Management Act 

3 of 1976 (43 U.S.C. 1716(b)) shall— 

4 (I) be deposited in the fund es5 tablished by Public Law 90–171 

6 (commonly known as the ‘‘Sisk Act’’) 

7 (16 U.S.C. 484a); and 

8 (II) be available for expenditure, 

9 without further appropriation, for the 

10 acquisition of land and interests in 

11 land in the State. 

12 (4) COSTS.—Before the completion of the ex13 change under this subsection, the Secretaries and 

14 the landowner shall enter into an agreement that al15 locates the costs of the exchange among the Secre16 taries and the landowner. 

17 (5) APPLICABLE LAW.—Except as otherwise 

18 provided in this section, the exchange of land and in19 terests in land under this section shall be in accord20 ance with— 

21 (A) section 206 of the Federal Land Policy 

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

23 1716); and 

24 (B) other applicable Federal, State, and 

25 local laws. 


jbell on PROD1PC69 with BILLS
416 

•S 22 PCS

1 (6) ADDITIONAL TERMS AND CONDITIONS.— 

2 The Secretaries may require, in addition to any re3 quirements under this section, such terms and condi4 tions relating to the exchange of Federal land and 

5 non-Federal land and the granting of easements 

6 under this section as the Secretaries determine to be 

7 appropriate to protect the interests of the United 

8 States. 

9 (7) COMPLETION OF THE EXCHANGE.— 

10 (A) IN GENERAL.—The exchange of Fed11 eral land and non-Federal land shall be com12 pleted not later than 180 days after the later 

13 of— 

14 (i) the date on which the requirements 

15 of the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.) have 

17 been met; 

18 (ii) the date on which the Secretary of 

19 the Interior approves the appraisals under 

20 paragraph (3)(B)(iii); or 

21 (iii) the date on which the Secretaries 

22 and the landowner agree on the costs of 

23 the exchange and any other terms and con24 ditions of the exchange under this sub25 section. 


jbell on PROD1PC69 with BILLS
417 

•S 22 PCS

1 (B) NOTICE.—The Secretaries shall sub2 mit to the Committee on Energy and Natural 

3 Resources of the Senate and the Committee on 

4 Resources of the House of Representatives no5 tice of the completion of the exchange of Fed6 eral land and non-Federal land under this sub7 section. 

8 (c) ADMINISTRATION.— 

9 (1) IN GENERAL.—The Secretary of the Inte10 rior shall administer the non-Federal land acquired 

11 under this section in accordance with the laws gen12 erally applicable to units of the National Park Sys13 tem, including the Act of August 25, 1916 (com14 monly known as the ‘‘National Park Service Organic 

15 Act’’) (16 U.S.C. 1 et seq.). 

16 (2) MAPS.— 

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

18 file and available for public inspection in the 

19 appropriate offices of the Secretaries. 

20 (B) TRANSMITTAL OF REVISED MAP TO

21 CONGRESS.—Not later than 180 days after 

22 completion of the exchange, the Secretaries 

23 shall transmit to the Committee on Energy and 

24 Natural Resources of the Senate and the ComVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
418 

•S 22 PCS

1 mittee on Resources of the House of Represent2 atives a revised map that depicts— 

3 (i) the Federal land and non-Federal 

4 land exchanged under this section; and 

5 (ii) the easement described in sub6 section (b)(2). 

7 SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEY8 ANCE, NEW MEXICO. 

9 (a) DEFINITIONS.—In this section: 

10 (1) CLAIM.—The term ‘‘Claim’’ means a claim 

11 of the Claimants to any right, title, or interest in 

12 any land located in lot 10, sec. 22, T. 18 N., R. 12 

13 E., New Mexico Principal Meridian, San Miguel 

14 County, New Mexico, except as provided in sub15 section (b)(1). 

16 (2) CLAIMANTS.—The term ‘‘Claimants’’ means 

17 Ramona Lawson and Boyd Lawson. 

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

19 means a parcel of National Forest System land in 

20 the Santa Fe National Forest, New Mexico, that 

21 is— 

22 (A) comprised of approximately 6.20 acres 

23 of land; and 

24 (B) described and delineated in the survey. 


jbell on PROD1PC69 with BILLS
419 

•S 22 PCS

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

2 the Secretary of Agriculture, acting through the 

3 Forest Service Regional Forester, Southwestern Re4 gion. 

5 (5) SURVEY.—The term ‘‘survey’’ means the 

6 survey plat entitled ‘‘Boundary Survey and Con7 servation Easement Plat’’, prepared by Chris A. 

8 Chavez, Land Surveyor, Forest Service, 

9 NMPLS#12793, and recorded on February 27, 

10 2007, at book 55, page 93, of the land records of 

11 San Miguel County, New Mexico. 

12 (b) SANTA FE NATIONAL FOREST LAND CONVEY13 ANCE.— 

14 (1) IN GENERAL.—The Secretary shall, except 

15 as provided in subparagraph (A) and subject to valid 

16 existing rights, convey and quitclaim to the Claim17 ants all right, title, and interest of the United States 

18 in and to the Federal land in exchange for— 

19 (A) the grant by the Claimants to the 

20 United States of a scenic easement to the Fed21 eral land that— 

22 (i) protects the purposes for which the 

23 Federal land was designated under the 

24 Wild and Scenic Rivers Act (16 U.S.C. 

25 1271 et seq.); and 


jbell on PROD1PC69 with BILLS
420 

•S 22 PCS

1 (ii) is determined to be acceptable by 

2 the Secretary; and 

3 (B) a release of the United States by the 

4 Claimants of— 

5 (i) the Claim; and 

6 (ii) any additional related claims of 

7 the Claimants against the United States. 

8 (2) SURVEY.—The Secretary, with the approval 

9 of the Claimants, may make minor corrections to the 

10 survey and legal description of the Federal land to 

11 correct clerical, typographical, and surveying errors. 

12 (3) SATISFACTION OF CLAIM.—The conveyance 

13 of Federal land under paragraph (1) shall constitute 

14 a full satisfaction of the Claim. 

15 SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEY16 ANCE. 

17 (a) CONVEYANCE REQUIRED.—The Secretary of Ag18 riculture shall convey, without consideration, to the King 

19 and Kittitas Counties Fire District #51 of King and 

20 Kittitas Counties, Washington (in this section referred to 

21 as the ‘‘District’’), all right, title, and interest of the 

22 United States in and to a parcel of National Forest Sys23 tem land in Kittitas County, Washington, consisting of approximately 1.5 acres within the SW1⁄4 of the SE1 24 ⁄4 of 

25 section 4, township 22 north, range 11 east, Willamette 


jbell on PROD1PC69 with BILLS
421 

•S 22 PCS

1 meridian, for the purpose of permitting the District to use 

2 the parcel as a site for a new Snoqualmie Pass fire and 

3 rescue station. 

4 (b) REVERSIONARY INTEREST.—If the Secretary de5 termines at any time that the real property conveyed 

6 under subsection (a) is not being used in accordance with 

7 the purpose of the conveyance specified in such subsection, 

8 all right, title, and interest in and to the property shall 

9 revert, at the option of the Secretary, to the United States, 

10 and the United States shall have the right of immediate 

11 entry onto the property. Any determination of the Sec12 retary under this subsection shall be made on the record 

13 after an opportunity for a hearing. 

14 (c) SURVEY.—If necessary, the exact acreage and 

15 legal description of the lands to be conveyed under sub16 section (a) shall be determined by a survey satisfactory 

17 to the Secretary. The cost of a survey shall be borne by 

18 the District. 

19 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

20 Secretary may require such additional terms and condi21 tions in connection with the conveyance under subsection 

22 (a) as the Secretary considers appropriate to protect the 

23 interests of the United States. 


jbell on PROD1PC69 with BILLS
422 

•S 22 PCS

1 SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE 

2 RESTRICTIONS. 

3 Notwithstanding Public Law 90–171 (commonly 

4 known as the ‘‘Sisk Act’’) (16 U.S.C. 484a), the approxi5 mately 36.25 acres patented to the Mammoth County 

6 Water District (now known as the ‘‘Mammoth Community 

7 Water District’’) by Patent No. 04–87–0038, on June 26, 

8 1987, and recorded in volume 482, at page 516, of the 

9 official records of the Recorder’s Office, Mono County, 

10 California, may be used for any public purpose. 

11 SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL 

12 FOREST, UTAH. 

13 (a) DEFINITIONS.—In this section: 

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

15 Bountiful, Utah. 

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

17 means the land under the jurisdiction of the Sec18 retary identified on the map as ‘‘Shooting Range 

19 Special Use Permit Area’’. 

20 (3) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Bountiful City Land Consolidation Act’’ and 

22 dated October 15, 2007. 

23 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed24 eral land’’ means the 3 parcels of City land com25 prising a total of approximately 1,680 acres, as gen26 erally depicted on the map. 


jbell on PROD1PC69 with BILLS
423 

•S 22 PCS

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

2 the Secretary of Agriculture. 

3 (b) EXCHANGE.—Subject to subsections (d) through 

4 (h), if the City conveys to the Secretary all right, title, 

5 and interest of the City in and to the non-Federal land, 

6 the Secretary shall convey to the City all right, title, and 

7 interest of the United States in and to the Federal land. 

8 (c) AVAILABILITY OF MAP.—The map shall be on file 

9 and available for public inspection in the appropriate of10 fices of the Forest Service. 

11 (d) VALUATION AND EQUALIZATION.— 

12 (1) VALUATION.—The value of the Federal land 

13 and the non-Federal land to be conveyed under sub14 section (b)— 

15 (A) shall be equal, as determined by ap16 praisals carried out in accordance with section 

17 206 of the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1716); or 

19 (B) if not equal, shall be equalized in ac20 cordance with paragraph (2). 

21 (2) EQUALIZATION.—If the value of the Federal 

22 land and the non-Federal land to be conveyed in a 

23 land exchange under this section is not equal, the 

24 value may be equalized by— 


jbell on PROD1PC69 with BILLS
424 

•S 22 PCS

1 (A) making a cash equalization payment to 

2 the Secretary or to the City, as appropriate; or 

3 (B) reducing the acreage of the Federal 

4 land or the non-Federal land to be exchanged, 

5 as appropriate. 

6 (e) APPLICABLE LAW.—Section 206 of the Federal 

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

8 1716) shall apply to the land exchange authorized under 

9 subsection (b), except that the Secretary may accept a 

10 cash equalization payment in excess of 25 percent of the 

11 value of the Federal land. 

12 (f) CONDITIONS.— 

13 (1) LIABILITY.— 

14 (A) IN GENERAL.—As a condition of the 

15 exchange under subsection (b), the Secretary 

16 shall— 

17 (i) require that the City— 

18 (I) assume all liability for the 

19 shooting range located on the Federal 

20 land, including the past, present, and 

21 future condition of the Federal land; 

22 and 

23 (II) hold the United States harm24 less for any liability for the condition 

25 of the Federal land; and 


jbell on PROD1PC69 with BILLS
425 

•S 22 PCS

1 (ii) comply with the hazardous sub2 stances disclosure requirements of section 

3 120(h) of the Comprehensive Environ4 mental Response, Compensation, and Li5 ability Act of 1980 (42 U.S.C. 9620(h)). 

6 (B) LIMITATION.—Clauses (ii) and (iii) of 

7 section 120(h)(3)(A) of the Comprehensive En8 vironmental Response, Compensation, and Li9 ability Act (42 U.S.C. 9620(h)(3)(A)) shall not 

10 apply to the conveyance of Federal land under 

11 subsection (b). 

12 (2) ADDITIONAL TERMS AND CONDITIONS.— 

13 The land exchange under subsection (b) shall be 

14 subject to— 

15 (A) valid existing rights; and 

16 (B) such additional terms and conditions 

17 as the Secretary may require. 

18 (g) MANAGEMENT OF ACQUIRED LAND.—The non19 Federal land acquired by the Secretary under subsection 

20 (b) shall be— 

21 (1) added to, and administered as part of, the 

22 Wasatch-Cache National Forest; and 

23 (2) managed by the Secretary in accordance 

24 with— 


jbell on PROD1PC69 with BILLS
426 

•S 22 PCS

1 (A) the Act of March 1, 1911 (commonly 

2 known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

3 seq.); and 

4 (B) any laws (including regulations) appli5 cable to the National Forest System. 

6 (h) EASEMENTS; RIGHTS-OF-WAY.— 

7 (1) BONNEVILLE SHORELINE TRAIL EASE8 MENT.—In carrying out the land exchange under 

9 subsection (b), the Secretary shall ensure that an 

10 easement not less than 60 feet in width is reserved 

11 for the Bonneville Shoreline Trail. 

12 (2) OTHER RIGHTS-OF-WAY.—The Secretary 

13 and the City may reserve any other rights-of-way for 

14 utilities, roads, and trails that— 

15 (A) are mutually agreed to by the Sec16 retary and the City; and 

17 (B) the Secretary and the City consider to 

18 be in the public interest. 

19 (i) DISPOSAL OF REMAINING FEDERAL LAND.— 

20 (1) IN GENERAL.—The Secretary may, by sale 

21 or exchange, dispose of all, or a portion of, the par22 cel of National Forest System land comprising ap23 proximately 220 acres, as generally depicted on the 

24 map that remains after the conveyance of the Fed25 eral land authorized under subsection (b), if the SecVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
427 

•S 22 PCS

1 retary determines, in accordance with paragraph (2), 

2 that the land or portion of the land is in excess of 

3 the needs of the National Forest System. 

4 (2) REQUIREMENTS.—A determination under 

5 paragraph (1) shall be made— 

6 (A) pursuant to an amendment of the land 

7 and resource management plan for the 

8 Wasatch-Cache National Forest; and 

9 (B) after carrying out a public process 

10 consistent with the National Environmental 

11 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

12 (3) CONSIDERATION.—As consideration for any 

13 conveyance of Federal land under paragraph (1), the 

14 Secretary shall require payment of an amount equal 

15 to not less than the fair market value of the con16 veyed National Forest System land. 

17 (4) RELATION TO OTHER LAWS.—Any convey18 ance of Federal land under paragraph (1) by ex19 change shall be subject to section 206 of the Federal 

20 Land Policy and Management Act of 1976 (43 

21 U.S.C. 1716). 

22 (5) DISPOSITION OF PROCEEDS.—Any amounts 

23 received by the Secretary as consideration under 

24 subsection (d) or paragraph (3) shall be— 


jbell on PROD1PC69 with BILLS
428 

•S 22 PCS

1 (A) deposited in the fund established under 

2 Public Law 90–171 (commonly known as the 

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

4 (B) available to the Secretary, without fur5 ther appropriation and until expended, for the 

6 acquisition of land or interests in land to be in7 cluded in the Wasatch-Cache National Forest. 

8 (6) ADDITIONAL TERMS AND CONDITIONS.— 

9 Any conveyance of Federal land under paragraph 

10 (1) shall be subject to— 

11 (A) valid existing rights; and 

12 (B) such additional terms and conditions 

13 as the Secretary may require. 

14 SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH 

15 RIVER OF NO RETURN WILDERNESS. 

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

17 (1) to adjust the boundaries of the wilderness 

18 area; and 

19 (2) to authorize the Secretary to sell the land 

20 designated for removal from the wilderness area due 

21 to encroachment. 

22 (b) DEFINITIONS.—In this section: 

23 (1) LAND DESIGNATED FOR EXCLUSION.—The 

24 term ‘‘land designated for exclusion’’ means the par25 cel of land that is— 


jbell on PROD1PC69 with BILLS
429 

•S 22 PCS

1 (A) comprised of approximately 10.2 acres 

2 of land; 

3 (B) generally depicted on the survey plat 

4 entitled ‘‘Proposed Boundary Change 

5 FCRONRW Sections 15 (unsurveyed) Town6 ship 14 North, Range 13 East, B.M., Custer 

7 County, Idaho’’ and dated November 14, 2001; 

8 and 

9 (C) more particularly described in the sur10 vey plat and legal description on file in— 

11 (i) the office of the Chief of the For12 est Service, Washington, DC; and 

13 (ii) the office of the Intermountain 

14 Regional Forester, Ogden, Utah. 

15 (2) LAND DESIGNATED FOR INCLUSION.—The 

16 term ‘‘land designated for inclusion’’ means the par17 cel of National Forest System land that is— 

18 (A) comprised of approximately 10.2 acres 

19 of land; 

20 (B) located in unsurveyed section 22, T. 

21 14 N., R. 13 E., Boise Meridian, Custer Coun22 ty, Idaho; 

23 (C) generally depicted on the map entitled 

24 ‘‘Challis National Forest, T.14 N., R. 13 E., 

25 B.M., Custer County, Idaho, Proposed BoundVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
430 

•S 22 PCS

1 ary Change FCRONRW’’ and dated September 

2 19, 2007; and 

3 (D) more particularly described on the 

4 map and legal description on file in— 

5 (i) the office of the Chief of the For6 est Service, Washington, DC; and 

7 (ii) the Intermountain Regional For8 ester, Ogden, Utah. 

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

10 the Secretary of Agriculture. 

11 (4) WILDERNESS AREA.—The term ‘‘wilderness 

12 area’’ means the Frank Church River of No Return 

13 Wilderness designated by section 3 of the Central 

14 Idaho Wilderness Act of 1980 (16 U.S.C. 1132 note; 

15 94 Stat. 948). 

16 (c) BOUNDARY ADJUSTMENT.— 

17 (1) ADJUSTMENT TO WILDERNESS AREA.— 

18 (A) INCLUSION.—The wilderness area shall 

19 include the land designated for inclusion. 

20 (B) EXCLUSION.—The wilderness area 

21 shall not include the land designated for exclu22 sion. 

23 (2) CORRECTIONS TO LEGAL DESCRIPTIONS.— 

24 The Secretary may make corrections to the legal de25 scriptions. 


jbell on PROD1PC69 with BILLS
431 

•S 22 PCS

1 (d) CONVEYANCE OF LAND DESIGNATED FOR EX2 CLUSION.— 

3 (1) IN GENERAL.—Subject to paragraph (2), to 

4 resolve the encroachment on the land designated for 

5 exclusion, the Secretary may sell for consideration in 

6 an amount equal to fair market value— 

7 (A) the land designated for exclusion; and 

8 (B) as the Secretary determines to be nec9 essary, not more than 10 acres of land adjacent 

10 to the land designated for exclusion. 

11 (2) CONDITIONS.—The sale of land under para12 graph (1) shall be subject to the conditions that— 

13 (A) the land to be conveyed be appraised 

14 in accordance with the Uniform Appraisal 

15 Standards for Federal Land Acquisitions; 

16 (B) the person buying the land shall pay— 

17 (i) the costs associated with apprais18 ing and, if the land needs to be resurveyed, 

19 resurveying the land; and 

20 (ii) any analyses and closing costs as21 sociated with the conveyance; 

22 (C) for management purposes, the Sec23 retary may reconfigure the description of the 

24 land for sale; and 


jbell on PROD1PC69 with BILLS
432 

•S 22 PCS

1 (D) the owner of the adjacent private land 

2 shall have the first opportunity to buy the land. 

3 (3) DISPOSITION OF PROCEEDS.— 

4 (A) IN GENERAL.—The Secretary shall de5 posit the cash proceeds from a sale of land 

6 under paragraph (1) in the fund established 

7 under Public Law 90–171 (commonly known as 

8 the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

9 (B) AVAILABILITY AND USE.—Amounts 

10 deposited under subparagraph (A)— 

11 (i) shall remain available until ex12 pended for the acquisition of land for Na13 tional Forest purposes in the State of 

14 Idaho; and 

15 (ii) shall not be subject to transfer or 

16 reprogramming for— 

17 (I) wildland fire management; or 

18 (II) any other emergency pur19 poses. 

20 SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL 

21 AMENDMENT. 

22 Section 413(b) of the T’uf Shur Bien Preservation 

23 Trust Area Act (16 U.S.C. 539m–11) is amended— 

24 (1) in paragraph (1), by inserting ‘‘3,’’ after 

25 ‘‘sections’’; and 


jbell on PROD1PC69 with BILLS
433 

•S 22 PCS

1 (2) in the first sentence of paragraph (4), by 

2 inserting ‘‘, as a condition of the conveyance,’’ be3 fore ‘‘remain’’. 

4 Subtitle E—Colorado Northern 

5 Front Range Study 

6 SEC. 3401. PURPOSE. 

7 The purpose of this subtitle is to identify options that 

8 may be available to assist in maintaining the open space 

9 characteristics of land that is part of the mountain back10 drop of communities in the northern section of the Front 

11 Range area of Colorado. 

12 SEC. 3402. DEFINITIONS. 

13 In this subtitle: 

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

15 the Secretary of Agriculture, acting through the 

16 Chief of the Forest Service. 

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

18 of Colorado. 

19 (3) STUDY AREA.— 

20 (A) IN GENERAL.—The term ‘‘study area’’ 

21 means the land in southern Boulder, northern 

22 Jefferson, and northern Gilpin Counties, Colo23 rado, that is located west of Colorado State 

24 Highway 93, south and east of Colorado State 

25 Highway 119, and north of Colorado State 


jbell on PROD1PC69 with BILLS
434 

•S 22 PCS

1 Highway 46, as generally depicted on the map 

2 entitled ‘‘Colorado Northern Front Range 

3 Mountain Backdrop Protection Study Act: 

4 Study Area’’ and dated August 27, 2008. 

5 (B) EXCLUSIONS.—The term ‘‘study area’’ 

6 does not include land within the city limits of 

7 the cities of Arvada, Boulder, or Golden, Colo8 rado. 

9 (4) UNDEVELOPED LAND.—The term ‘‘undevel10 oped land’’ means land— 

11 (A) that is located within the study area; 

12 (B) that is free or primarily free of struc13 tures; and 

14 (C) the development of which is likely to 

15 affect adversely the scenic, wildlife, or rec16 reational value of the study area. 

17 SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUN18 TAIN BACKDROP STUDY. 

19 (a) STUDY; REPORT.—Not later than 1 year after the 

20 date of enactment of this Act and except as provided in 

21 subsection (c), the Secretary shall— 

22 (1) conduct a study of the land within the study 

23 area; and 

24 (2) complete a report that— 


jbell on PROD1PC69 with BILLS
435 

•S 22 PCS

1 (A) identifies the present ownership of the 

2 land within the study area; 

3 (B) identifies any undeveloped land that 

4 may be at risk of development; and 

5 (C) describes any actions that could be 

6 taken by the United States, the State, a polit7 ical subdivision of the State, or any other par8 ties to preserve the open and undeveloped char9 acter of the land within the study area. 

10 (b) REQUIREMENTS.—The Secretary shall conduct 

11 the study and develop the report under subsection (a) with 

12 the support and participation of 1 or more of the following 

13 State and local entities: 

14 (1) The Colorado Department of Natural Re15 sources. 

16 (2) Colorado State Forest Service. 

17 (3) Colorado State Conservation Board. 

18 (4) Great Outdoors Colorado. 

19 (5) Boulder, Jefferson, and Gilpin Counties, 

20 Colorado. 

21 (c) LIMITATION.—If the State and local entities spec22 ified in subsection (b) do not support and participate in 

23 the conduct of the study and the development of the report 

24 under this section, the Secretary may— 


jbell on PROD1PC69 with BILLS
436 

•S 22 PCS

1 (1) decrease the area covered by the study area, 

2 as appropriate; or 

3 (2)(A) opt not to conduct the study or develop 

4 the report; and 

5 (B) submit to the Committee on Energy and 

6 Natural Resources of the Senate and the Committee 

7 on Natural Resources of the House of Representa8 tives notice of the decision not to conduct the study 

9 or develop the report. 

10 (d) EFFECT.—Nothing in this subtitle authorizes the 

11 Secretary to take any action that would affect the use of 

12 any land not owned by the United States. 

13 TITLE IV—FOREST LANDSCAPE 

14 RESTORATION 

15 SEC. 4001. PURPOSE. 

16 The purpose of this title is to encourage the collabo17 rative, science-based ecosystem restoration of priority for18 est landscapes through a process that— 

19 (1) encourages ecological, economic, and social 

20 sustainability; 

21 (2) leverages local resources with national and 

22 private resources; 

23 (3) facilitates the reduction of wildfire manage24 ment costs, including through reestablishing natural 


jbell on PROD1PC69 with BILLS
437 

•S 22 PCS

1 fire regimes and reducing the risk of 

2 uncharacteristic wildfire; and 

3 (4) demonstrates the degree to which— 

4 (A) various ecological restoration tech5 niques— 

6 (i) achieve ecological and watershed 

7 health objectives; and 

8 (ii) affect wildfire activity and man9 agement costs; and 

10 (B) the use of forest restoration byprod11 ucts can offset treatment costs while benefitting 

12 local rural economies and improving forest 

13 health. 

14 SEC. 4002. DEFINITIONS. 

15 In this title: 

16 (1) FUND.—The term ‘‘Fund’’ means the Col17 laborative Forest Landscape Restoration Fund es18 tablished by section 4003(f). 

19 (2) PROGRAM.—The term ‘‘program’’ means 

20 the Collaborative Forest Landscape Restoration Pro21 gram established under section 4003(a). 

22 (3) PROPOSAL.—The term ‘‘proposal’’ means a 

23 collaborative forest landscape restoration proposal 

24 described in section 4003(b). 


jbell on PROD1PC69 with BILLS
438 

•S 22 PCS

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

2 the Secretary of Agriculture, acting through the 

3 Chief of the Forest Service. 

4 (5) STRATEGY.—The term ‘‘strategy’’ means a 

5 landscape restoration strategy described in section 

6 4003(b)(1). 

7 SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORA8 TION PROGRAM. 

9 (a) IN GENERAL.—The Secretary, in consultation 

10 with the Secretary of the Interior, shall establish a Col11 laborative Forest Landscape Restoration Program to se12 lect and fund ecological restoration treatments for priority 

13 forest landscapes in accordance with— 

14 (1) the Endangered Species Act of 1973 (16 

15 U.S.C. 1531 et seq.); 

16 (2) the National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.); and 

18 (3) any other applicable law. 

19 (b) ELIGIBILITY CRITERIA.—To be eligible for nomi20 nation under subsection (c), a collaborative forest land21 scape restoration proposal shall— 

22 (1) be based on a landscape restoration strategy 

23 that— 

24 (A) is complete or substantially complete; 


jbell on PROD1PC69 with BILLS
439 

•S 22 PCS

1 (B) identifies and prioritizes ecological res2 toration treatments for a 10-year period within 

3 a landscape that is— 

4 (i) at least 50,000 acres; 

5 (ii) comprised primarily of forested 

6 National Forest System land, but may also 

7 include land under the jurisdiction of the 

8 Bureau of Land Management, land under 

9 the jurisdiction of the Bureau of Indian 

10 Affairs, or other Federal, State, tribal, or 

11 private land; 

12 (iii) in need of active ecosystem res13 toration; and 

14 (iv) accessible by existing or proposed 

15 wood-processing infrastructure at an ap16 propriate scale to use woody biomass and 

17 small-diameter wood removed in ecological 

18 restoration treatments; 

19 (C) incorporates the best available science 

20 and scientific application tools in ecological res21 toration strategies; 

22 (D) fully maintains, or contributes toward 

23 the restoration of, the structure and composi24 tion of old growth stands according to the pre25 fire suppression old growth conditions charVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
440 

•S 22 PCS

1 acteristic of the forest type, taking into account 

2 the contribution of the stand to landscape fire 

3 adaptation and watershed health and retaining 

4 the large trees contributing to old growth struc5 ture; 

6 (E) would carry out any forest restoration 

7 treatments that reduce hazardous fuels by— 

8 (i) focusing on small diameter trees, 

9 thinning, strategic fuel breaks, and fire use 

10 to modify fire behavior, as measured by 

11 the projected reduction of 

12 uncharacteristically severe wildfire effects 

13 for the forest type (such as adverse soil 

14 impacts, tree mortality or other impacts); 

15 and 

16 (ii) maximizing the retention of large 

17 trees, as appropriate for the forest type, to 

18 the extent that the trees promote fire-resil19 ient stands; and 

20 (F)(i) does not include the establishment 

21 of permanent roads; and 

22 (ii) would commit funding to decommission 

23 all temporary roads constructed to carry out 

24 the strategy; 


jbell on PROD1PC69 with BILLS
441 

•S 22 PCS

1 (2) be developed and implemented through a 

2 collaborative process that— 

3 (A) includes multiple interested persons 

4 representing diverse interests; and 

5 (B)(i) is transparent and nonexclusive; or 

6 (ii) meets the requirements for a resource 

7 advisory committee under subsections (c) 

8 through (f) of section 205 of Public Law 106– 

9 393 (16 U.S.C. 500 note); 

10 (3) describe plans to— 

11 (A) reduce the risk of uncharacteristic 

12 wildfire, including through the use of fire for 

13 ecological restoration and maintenance and re14 establishing natural fire regimes, where appro15 priate; 

16 (B) improve fish and wildlife habitat, in17 cluding for endangered, threatened, and sen18 sitive species; 

19 (C) maintain or improve water quality and 

20 watershed function; 

21 (D) prevent, remediate, or control inva22 sions of exotic species; 

23 (E) maintain, decommission, and rehabili24 tate roads and trails; 


jbell on PROD1PC69 with BILLS
442 

•S 22 PCS

1 (F) use woody biomass and small-diameter 

2 trees produced from projects implementing the 

3 strategy; 

4 (G) report annually on performance, in5 cluding through performance measures from the 

6 plan entitled the ‘‘10 Year Comprehensive 

7 Strategy Implementation Plan’’ and dated De8 cember 2006; and 

9 (H) take into account any applicable com10 munity wildfire protection plan; 

11 (4) analyze any anticipated cost savings, includ12 ing those resulting from— 

13 (A) reduced wildfire management costs; 

14 and 

15 (B) a decrease in the unit costs of imple16 menting ecological restoration treatments over 

17 time; 

18 (5) estimate— 

19 (A) the annual Federal funding necessary 

20 to implement the proposal; and 

21 (B) the amount of new non-Federal invest22 ment for carrying out the proposal that would 

23 be leveraged; 


jbell on PROD1PC69 with BILLS
443 

•S 22 PCS

1 (6) describe the collaborative process through 

2 which the proposal was developed, including a de3 scription of— 

4 (A) participation by or consultation with 

5 State, local, and Tribal governments; and 

6 (B) any established record of successful 

7 collaborative planning and implementation of 

8 ecological restoration projects on National For9 est System land and other land included in the 

10 proposal by the collaborators; and 

11 (7) benefit local economies by providing local 

12 employment or training opportunities through con13 tracts, grants, or agreements for restoration plan14 ning, design, implementation, or monitoring with— 

15 (A) local private, nonprofit, or cooperative 

16 entities; 

17 (B) Youth Conservation Corps crews or re18 lated partnerships, with State, local, and non19 profit youth groups; 

20 (C) existing or proposed small or micro21 businesses, clusters, or incubators; or 

22 (D) other entities that will hire or train 

23 local people to complete such contracts, grants, 

24 or agreements; and 


jbell on PROD1PC69 with BILLS
444 

•S 22 PCS

1 (8) be subject to any other requirements that 

2 the Secretary, in consultation with the Secretary of 

3 the Interior, determines to be necessary for the effi4 cient and effective administration of the program. 

5 (c) NOMINATION PROCESS.— 

6 (1) SUBMISSION.—A proposal shall be sub7 mitted to— 

8 (A) the appropriate Regional Forester; and 

9 (B) if actions under the jurisdiction of the 

10 Secretary of the Interior are proposed, the ap11 propriate— 

12 (i) State Director of the Bureau of 

13 Land Management; 

14 (ii) Regional Director of the Bureau 

15 of Indian Affairs; or 

16 (iii) other official of the Department 

17 of the Interior. 

18 (2) NOMINATION.— 

19 (A) IN GENERAL.—A Regional Forester 

20 may nominate for selection by the Secretary 

21 any proposals that meet the eligibility criteria 

22 established by subsection (b). 

23 (B) CONCURRENCE.—Any proposal nomi24 nated by the Regional Forester that proposes 

25 actions under the jurisdiction of the Secretary 


jbell on PROD1PC69 with BILLS
445 

•S 22 PCS

1 of the Interior shall include the concurrence of 

2 the appropriate— 

3 (i) State Director of the Bureau of 

4 Land Management; 

5 (ii) Regional Director of the Bureau 

6 of Indian Affairs; or 

7 (iii) other official of the Department 

8 of the Interior. 

9 (3) DOCUMENTATION.—With respect to each 

10 proposal that is nominated under paragraph (2)— 

11 (A) the appropriate Regional Forester 

12 shall— 

13 (i) include a plan to use Federal funds 

14 allocated to the region to fund those costs 

15 of planning and carrying out ecological res16 toration treatments on National Forest 

17 System land, consistent with the strategy, 

18 that would not be covered by amounts 

19 transferred to the Secretary from the 

20 Fund; and 

21 (ii) provide evidence that amounts 

22 proposed to be transferred to the Secretary 

23 from the Fund during the first 2 fiscal 

24 years following selection would be used to 

25 carry out ecological restoration treatments 


jbell on PROD1PC69 with BILLS
446 

•S 22 PCS

1 consistent with the strategy during the 

2 same fiscal year in which the funds are 

3 transferred to the Secretary; 

4 (B) if actions under the jurisdiction of the 

5 Secretary of the Interior are proposed, the nom6 ination shall include a plan to fund such ac7 tions, consistent with the strategy, by the ap8 propriate— 

9 (i) State Director of the Bureau of 

10 Land Management; 

11 (ii) Regional Director of the Bureau 

12 of Indian Affairs; or 

13 (iii) other official of the Department 

14 of the Interior; and 

15 (C) if actions on land not under the juris16 diction of the Secretary or the Secretary of the 

17 Interior are proposed, the appropriate Regional 

18 Forester shall provide evidence that the land19 owner intends to participate in, and provide ap20 propriate funding to carry out, the actions. 

21 (d) SELECTION PROCESS.— 

22 (1) IN GENERAL.—After consulting with the ad23 visory panel established under subsection (e), the 

24 Secretary, in consultation with the Secretary of the 


jbell on PROD1PC69 with BILLS
447 

•S 22 PCS

1 Interior, shall, subject to paragraph (2), select the 

2 best proposals that— 

3 (A) have been nominated under subsection 

4 (c)(2); and 

5 (B) meet the eligibility criteria established 

6 by subsection (b). 

7 (2) CRITERIA.—In selecting proposals under 

8 paragraph (1), the Secretary shall give special con9 sideration to— 

10 (A) the strength of the proposal and strat11 egy; 

12 (B) the strength of the ecological case of 

13 the proposal and the proposed ecological res14 toration strategies; 

15 (C) the strength of the collaborative proc16 ess and the likelihood of successful collaboration 

17 throughout implementation; 

18 (D) whether the proposal is likely to 

19 achieve reductions in long-term wildfire man20 agement costs; 

21 (E) whether the proposal would reduce the 

22 relative costs of carrying out ecological restora23 tion treatments as a result of the use of woody 

24 biomass and small-diameter trees; and 


jbell on PROD1PC69 with BILLS
448 

•S 22 PCS

1 (F) whether an appropriate level of non2 Federal investment would be leveraged in car3 rying out the proposal. 

4 (3) LIMITATION.—The Secretary may select not 

5 more than— 

6 (A) 10 proposals to be funded during any 

7 fiscal year; 

8 (B) 2 proposals in any 1 region of the Na9 tional Forest System to be funded during any 

10 fiscal year; and 

11 (C) the number of proposals that the Sec12 retary determines are likely to receive adequate 

13 funding. 

14 (e) ADVISORY PANEL.— 

15 (1) IN GENERAL.—The Secretary shall establish 

16 and maintain an advisory panel comprised of not 

17 more than 15 members to evaluate, and provide rec18 ommendations on, each proposal that has been nomi19 nated under subsection (c)(2). 

20 (2) REPRESENTATION.—The Secretary shall en21 sure that the membership of the advisory panel is 

22 fairly balanced in terms of the points of view rep23 resented and the functions to be performed by the 

24 advisory panel. 


jbell on PROD1PC69 with BILLS
449 

•S 22 PCS

1 (3) INCLUSION.—The advisory panel shall in2 clude experts in ecological restoration, fire ecology, 

3 fire management, rural economic development, strat4 egies for ecological adaptation to climate change, 

5 fish and wildlife ecology, and woody biomass and 

6 small-diameter tree utilization. 

7 (f) COLLABORATIVE FOREST LANDSCAPE RESTORA8 TION FUND.— 

9 (1) ESTABLISHMENT.—There is established in 

10 the Treasury of the United States a fund, to be 

11 known as the ‘‘Collaborative Forest Landscape Res12 toration Fund’’, to be used to pay up to 50 percent 

13 of the cost of carrying out and monitoring ecological 

14 restoration treatments on National Forest System 

15 land for each proposal selected to be carried out 

16 under subsection (d). 

17 (2) INCLUSION.—The cost of carrying out eco18 logical restoration treatments as provided in para19 graph (1) may, as the Secretary determines to be 

20 appropriate, include cancellation and termination 

21 costs required to be obligated for contracts to carry 

22 out ecological restoration treatments on National 

23 Forest System land for each proposal selected to be 

24 carried out under subsection (d). 


jbell on PROD1PC69 with BILLS
450 

•S 22 PCS

1 (3) CONTENTS.—The Fund shall consist of 

2 such amounts as are appropriated to the Fund 

3 under paragraph (6). 

4 (4) EXPENDITURES FROM FUND.— 

5 (A) IN GENERAL.—On request by the Sec6 retary, the Secretary of the Treasury shall 

7 transfer from the Fund to the Secretary such 

8 amounts as the Secretary determines are appro9 priate, in accordance with paragraph (1). 

10 (B) LIMITATION.—The Secretary shall not 

11 expend money from the Fund on any 1 pro12 posal— 

13 (i) during a period of more than 10 

14 fiscal years; or 

15 (ii) in excess of $4,000,000 in any 1 

16 fiscal year. 

17 (5) ACCOUNTING AND REPORTING SYSTEM.— 

18 The Secretary shall establish an accounting and re19 porting system for the Fund. 

20 (6) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated to the Fund 

22 $40,000,000 for each of fiscal years 2009 through 

23 2019, to remain available until expended. 

24 (g) PROGRAM IMPLEMENTATION AND MONI25 TORING.— 


jbell on PROD1PC69 with BILLS
451 

•S 22 PCS

1 (1) WORK PLAN.—Not later than 180 days 

2 after the date on which a proposal is selected to be 

3 carried out, the Secretary shall create, in collabora4 tion with the interested persons, an implementation 

5 work plan and budget to implement the proposal 

6 that includes— 

7 (A) a description of the manner in which 

8 the proposal would be implemented to achieve 

9 ecological and community economic benefit, in10 cluding capacity building to accomplish restora11 tion; 

12 (B) a business plan that addresses— 

13 (i) the anticipated unit treatment cost 

14 reductions over 10 years; 

15 (ii) the anticipated costs for infra16 structure needed for the proposal; 

17 (iii) the projected sustainability of the 

18 supply of woody biomass and small-diame19 ter trees removed in ecological restoration 

20 treatments; and 

21 (iv) the projected local economic bene22 fits of the proposal; 

23 (C) documentation of the non-Federal in24 vestment in the priority landscape, including 

25 the sources and uses of the investments; and 


jbell on PROD1PC69 with BILLS
452 

•S 22 PCS

1 (D) a plan to decommission any temporary 

2 roads established to carry out the proposal. 

3 (2) PROJECT IMPLEMENTATION.—Amounts 

4 transferred to the Secretary from the Fund shall be 

5 used to carry out ecological restoration treatments 

6 that are— 

7 (A) consistent with the proposal and strat8 egy; and 

9 (B) identified through the collaborative 

10 process described in subsection (b)(2). 

11 (3) ANNUAL REPORT.—The Secretary, in col12 laboration with the Secretary of the Interior and in13 terested persons, shall prepare an annual report on 

14 the accomplishments of each selected proposal that 

15 includes— 

16 (A) a description of all acres (or other ap17 propriate unit) treated and restored through 

18 projects implementing the strategy; 

19 (B) an evaluation of progress, including 

20 performance measures and how prior year eval21 uations have contributed to improved project 

22 performance; 

23 (C) a description of community benefits 

24 achieved, including any local economic benefits; 


jbell on PROD1PC69 with BILLS
453 

•S 22 PCS

1 (D) the results of the multiparty moni2 toring, evaluation, and accountability process 

3 under paragraph (4); and 

4 (E) a summary of the costs of— 

5 (i) treatments; and 

6 (ii) relevant fire management activi7 ties. 

8 (4) MULTIPARTY MONITORING.—The Secretary 

9 shall, in collaboration with the Secretary of the Inte10 rior and interested persons, use a multiparty moni11 toring, evaluation, and accountability process to as12 sess the positive or negative ecological, social, and 

13 economic effects of projects implementing a selected 

14 proposal for not less than 15 years after project im15 plementation commences. 

16 (h) REPORT.—Not later than 5 years after the first 

17 fiscal year in which funding is made available to carry out 

18 ecological restoration projects under the program, and 

19 every 5 years thereafter, the Secretary, in consultation 

20 with the Secretary of the Interior, shall submit a report 

21 on the program, including an assessment of whether, and 

22 to what extent, the program is fulfilling the purposes of 

23 this title, to— 

24 (1) the Committee on Energy and Natural Re25 sources of the Senate; 


jbell on PROD1PC69 with BILLS
454 

•S 22 PCS

1 (2) the Committee on Appropriations of the 

2 Senate; 

3 (3) the Committee on Natural Resources of the 

4 House of Representatives; and 

5 (4) the Committee on Appropriations of the 

6 House of Representatives. 

7 SEC. 4004. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated to the Sec9 retary and the Secretary of the Interior such sums as are 

10 necessary to carry out this title. 

11 TITLE V—RIVERS AND TRAILS 

12 Subtitle A—Additions to the Na13 tional Wild and Scenic Rivers 

14 System 

15 SEC. 5001. FOSSIL CREEK, ARIZONA. 

16 Section 3(a) of the Wild and Scenic Rivers Act (16 

17 U.S.C. 1274(a)) (as amended by section 1852) is amended 

18 by adding at the end the following: 

19 ‘‘(205) FOSSIL CREEK, ARIZONA.—Approxi20 mately 16.8 miles of Fossil Creek from the con21 fluence of Sand Rock and Calf Pen Canyons to the 

22 confluence with the Verde River, to be administered 

23 by the Secretary of Agriculture in the following 

24 classes: 


jbell on PROD1PC69 with BILLS
455 

•S 22 PCS

1 ‘‘(A) The approximately 2.7-mile segment 

2 from the confluence of Sand Rock and Calf Pen 

3 Canyons to the point where the segment exits 

4 the Fossil Spring Wilderness, as a wild river. 

5 ‘‘(B) The approximately 7.5-mile segment 

6 from where the segment exits the Fossil Creek 

7 Wilderness to the boundary of the Mazatzal 

8 Wilderness, as a recreational river. 

9 ‘‘(C) The 6.6-mile segment from the 

10 boundary of the Mazatzal Wilderness down11 stream to the confluence with the Verde River, 

12 as a wild river.’’. 

13 SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING. 

14 (a) SHORT TITLE.—This section may be cited as the 

15 ‘‘Craig Thomas Snake Headwaters Legacy Act of 2008’’. 

16 (b) FINDINGS; PURPOSES.— 

17 (1) FINDINGS.—Congress finds that— 

18 (A) the headwaters of the Snake River 

19 System in northwest Wyoming feature some of 

20 the cleanest sources of freshwater, healthiest 

21 native trout fisheries, and most intact rivers 

22 and streams in the lower 48 States; 

23 (B) the rivers and streams of the head24 waters of the Snake River System— 


jbell on PROD1PC69 with BILLS
456 

•S 22 PCS

1 (i) provide unparalleled fishing, hunt2 ing, boating, and other recreational activi3 ties for— 

4 (I) local residents; and 

5 (II) millions of visitors from 

6 around the world; and 

7 (ii) are national treasures; 

8 (C) each year, recreational activities on the 

9 rivers and streams of the headwaters of the 

10 Snake River System generate millions of dollars 

11 for the economies of— 

12 (i) Teton County, Wyoming; and 

13 (ii) Lincoln County, Wyoming; 

14 (D) to ensure that future generations of 

15 citizens of the United States enjoy the benefits 

16 of the rivers and streams of the headwaters of 

17 the Snake River System, Congress should apply 

18 the protections provided by the Wild and Scenic 

19 Rivers Act (16 U.S.C. 1271 et seq.) to those 

20 rivers and streams; and 

21 (E) the designation of the rivers and 

22 streams of the headwaters of the Snake River 

23 System under the Wild and Scenic Rivers Act 

24 (16 U.S.C. 1271 et seq.) will signify to the citi25 zens of the United States the importance of 


jbell on PROD1PC69 with BILLS
457 

•S 22 PCS

1 maintaining the outstanding and remarkable 

2 qualities of the Snake River System while— 

3 (i) preserving public access to those 

4 rivers and streams; 

5 (ii) respecting private property rights 

6 (including existing water rights); and 

7 (iii) continuing to allow historic uses 

8 of the rivers and streams. 

9 (2) PURPOSES.—The purposes of this section 

10 are— 

11 (A) to protect for current and future gen12 erations of citizens of the United States the 

13 outstandingly remarkable scenic, natural, wild14 life, fishery, recreational, scientific, historic, and 

15 ecological values of the rivers and streams of 

16 the headwaters of the Snake River System, 

17 while continuing to deliver water and operate 

18 and maintain valuable irrigation water infra19 structure; and 

20 (B) to designate approximately 387.7 miles 

21 of the rivers and streams of the headwaters of 

22 the Snake River System as additions to the Na23 tional Wild and Scenic Rivers System. 

24 (c) DEFINITIONS.—In this section: 


jbell on PROD1PC69 with BILLS
458 

•S 22 PCS

1 (1) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture (acting 

4 through the Chief of the Forest Service), with 

5 respect to each river segment described in para6 graph (205) of section 3(a) of the Wild and 

7 Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

8 added by subsection (d)) that is not located 

9 in— 

10 (i) Grand Teton National Park; 

11 (ii) Yellowstone National Park; 

12 (iii) the John D. Rockefeller, Jr. Me13 morial Parkway; or 

14 (iv) the National Elk Refuge; and 

15 (B) the Secretary of the Interior, with re16 spect to each river segment described in para17 graph (205) of section 3(a) of the Wild and 

18 Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

19 added by subsection (d)) that is located in— 

20 (i) Grand Teton National Park; 

21 (ii) Yellowstone National Park; 

22 (iii) the John D. Rockefeller, Jr. Me23 morial Parkway; or 

24 (iv) the National Elk Refuge. 


jbell on PROD1PC69 with BILLS
459 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
460 

•S 22 PCS

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 upVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
461 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
462 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
463 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
464 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
465 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
466 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
467 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
468 

•S 22 PCS

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 inVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
469 

•S 22 PCS

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 CitVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
470 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
471 

•S 22 PCS

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.’’. 


jbell on PROD1PC69 with BILLS
472 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
473 

•S 22 PCS

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/ 


jbell on PROD1PC69 with BILLS
474 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
475 

•S 22 PCS

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 juVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
476 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
477 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
478 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
479 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
480 

•S 22 PCS

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 proVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
481 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
482 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
483 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
484 

•S 22 PCS

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 inspecVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
485 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
486 

•S 22 PCS

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.’’. 


jbell on PROD1PC69 with BILLS
487 

•S 22 PCS

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 auVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
488 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
489 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
490 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
491 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
492 

•S 22 PCS

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 suitVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
493 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
494 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
495 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
496 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
497 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
498 

•S 22 PCS

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 MisVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
499 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
500 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
501 

•S 22 PCS

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 signifiVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
502 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
503 

•S 22 PCS

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 waVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
504 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
505 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
506 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
507 

•S 22 PCS

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 SecVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
508 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
509 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
510 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
511 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
512 

•S 22 PCS

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 manageVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
513 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
514 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
515 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
516 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
517 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
518 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
519 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
520 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
521 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
522 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
523 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
524 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
525 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
526 

•S 22 PCS

1 fined in accordance with title 18, United States Code, or 

2 imprisoned not more than 2 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 5 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. 


jbell on PROD1PC69 with BILLS
527 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
528 

•S 22 PCS

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 SecVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
529 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
530 

•S 22 PCS

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 governVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
531 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
532 

•S 22 PCS

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 SurVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
533 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
534 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
535 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
536 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
537 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
538 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
539 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
540 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
541 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
542 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
543 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
544 

•S 22 PCS

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 nonVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
545 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
546 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
547 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
548 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
549 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
550 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
551 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
552 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
553 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
554 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
555 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
556 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
557 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
558 

•S 22 PCS

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 FedVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
559 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
560 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
561 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
562 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
563 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
564 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
565 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
566 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
567 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
568 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
569 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
570 

•S 22 PCS

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’’. 


jbell on PROD1PC69 with BILLS
571 

•S 22 PCS

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 remeVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
572 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
573 

•S 22 PCS

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.’’. 


jbell on PROD1PC69 with BILLS
574 

•S 22 PCS

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 approVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
575 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
576 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
577 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
578 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
579 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
580 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
581 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
582 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
583 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
584 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
585 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
586 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
587 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
588 

•S 22 PCS

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 withVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
589 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
590 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
591 

•S 22 PCS

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.’’. 


jbell on PROD1PC69 with BILLS
592 

•S 22 PCS

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 NaVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00592 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
593 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
594 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
595 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
596 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
597 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
598 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
599 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
600 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
601 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
602 

•S 22 PCS

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’’. 


jbell on PROD1PC69 with BILLS
603 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
604 

•S 22 PCS

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’’. 


jbell on PROD1PC69 with BILLS
605 

•S 22 PCS

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/ 


jbell on PROD1PC69 with BILLS
606 

•S 22 PCS

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’’. 


jbell on PROD1PC69 with BILLS
607 

•S 22 PCS

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 amendVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00607 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
608 

•S 22 PCS

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.’’. 


jbell on PROD1PC69 with BILLS
609 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
610 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
611 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
612 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
613 

•S 22 PCS

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 feasiVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00613 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
614 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
615 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
616 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
617 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
618 

•S 22 PCS

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 NaVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
619 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
620 

•S 22 PCS

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 BirthVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
621 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
622 

•S 22 PCS

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 NatVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00622 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
623 

•S 22 PCS

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 accordVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
624 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
625 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
626 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
627 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
628 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
629 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
630 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
631 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
632 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
633 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
634 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
635 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
636 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
637 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
638 

•S 22 PCS

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 seVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00638 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
639 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
640 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
641 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
642 

•S 22 PCS

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 enVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00642 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
643 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
644 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
645 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
646 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
647 

•S 22 PCS

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’’. 


jbell on PROD1PC69 with BILLS
648 

•S 22 PCS

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’’. 


jbell on PROD1PC69 with BILLS
649 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
650 

•S 22 PCS

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 recVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00650 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
651 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
652 

•S 22 PCS

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 anniverVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
653 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
654 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
655 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
656 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
657 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
658 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
659 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
660 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
661 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
662 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
663 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
664 

•S 22 PCS

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 imVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00664 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
665 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
666 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
667 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
668 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
669 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
670 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
671 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
672 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
673 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
674 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
675 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
676 

•S 22 PCS

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 terVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00676 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
677 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
678 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
679 

•S 22 PCS

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 orVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00679 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
680 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
681 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
682 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
683 

•S 22 PCS

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 proVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
684 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
685 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
686 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
687 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
688 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
689 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
690 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
691 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
692 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
693 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
694 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
695 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
696 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
697 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
698 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
699 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
700 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
701 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
702 

•S 22 PCS

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 governVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00702 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
703 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
704 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
705 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
706 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
707 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
708 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
709 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
710 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
711 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
712 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
713 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
714 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
715 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
716 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
717 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
718 

•S 22 PCS

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 coVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
719 

•S 22 PCS

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 apVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
720 

•S 22 PCS

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 assistVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00720 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
721 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
722 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
723 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
724 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
725 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
726 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
727 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
728 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
729 

•S 22 PCS

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 preparaVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
730 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
731 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
732 

•S 22 PCS

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, enhanceVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00732 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
733 

•S 22 PCS

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, culVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00733 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
734 

•S 22 PCS

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 acVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00734 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
735 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
736 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
737 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
738 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
739 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
740 

•S 22 PCS

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 fuVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00740 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
741 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
742 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
743 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
744 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
745 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
746 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
747 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
748 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
749 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
750 

•S 22 PCS

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 FedVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00750 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
751 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
752 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
753 

•S 22 PCS

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 coordiVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
754 

•S 22 PCS

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 HeritVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00754 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
755 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
756 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
757 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
758 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
759 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
760 

•S 22 PCS

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 encourVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00760 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
761 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
762 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
763 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
764 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
765 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
766 

•S 22 PCS

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 MisVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
767 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
768 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
769 

•S 22 PCS

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 organiVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00769 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
770 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
771 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
772 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
773 

•S 22 PCS

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 adeVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00773 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
774 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
775 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
776 

•S 22 PCS

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 recVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
777 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
778 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
779 

•S 22 PCS

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 encourVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00779 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
780 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
781 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
782 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
783 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
784 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
785 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
786 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
787 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
788 

•S 22 PCS

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 inVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00788 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
789 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
790 

•S 22 PCS

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 preparaVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
791 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
792 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
793 

•S 22 PCS

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, enhanceVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00793 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
794 

•S 22 PCS

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, culVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00794 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
795 

•S 22 PCS

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 acVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00795 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
796 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
797 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
798 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
799 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
800 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
801 

•S 22 PCS

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 identiVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00801 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
802 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
803 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
804 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
805 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
806 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
807 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
808 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
809 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
810 

•S 22 PCS

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, nonVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00810 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
811 

•S 22 PCS

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 deVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00811 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
812 

•S 22 PCS

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 recVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00812 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
813 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
814 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
815 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
816 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
817 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
818 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
819 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
820 

•S 22 PCS

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 fuVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
821 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
822 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
823 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
824 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
825 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
826 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
827 

•S 22 PCS

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, enVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00827 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
828 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
829 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
830 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
831 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
832 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
833 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
834 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
835 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
836 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
837 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
838 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
839 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
840 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
841 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
842 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
843 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
844 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
845 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
846 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
847 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
848 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
849 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
850 

•S 22 PCS

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’’. 


jbell on PROD1PC69 with BILLS
851 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
852 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
853 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
854 

•S 22 PCS

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’’; 


jbell on PROD1PC69 with BILLS
855 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
856 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
857 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
858 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
859 

•S 22 PCS

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’’. 


jbell on PROD1PC69 with BILLS
860 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
861 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
862 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
863 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
864 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
865 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
866 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
867 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
868 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
869 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
870 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
871 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
872 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
873 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
874 

•S 22 PCS

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 CaVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
875 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
876 

•S 22 PCS

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 AuVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00876 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
877 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
878 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
879 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
880 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
881 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
882 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
883 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
884 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
885 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
886 

•S 22 PCS

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 MainteVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00886 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
887 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
888 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
889 

•S 22 PCS

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 inVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00889 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
890 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
891 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
892 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
893 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
894 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
895 

•S 22 PCS

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 reVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00895 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
896 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
897 

•S 22 PCS

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 regulaVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
898 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
899 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
900 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
901 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
902 

•S 22 PCS

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)— 


jbell on PROD1PC69 with BILLS
903 

•S 22 PCS

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 wildVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00903 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
904 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
905 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
906 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
907 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
908 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
909 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
910 

•S 22 PCS

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 acVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
911 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
912 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
913 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
914 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
915 

•S 22 PCS

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 SecVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00915 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
916 

•S 22 PCS

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 exVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00916 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
917 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
918 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
919 

•S 22 PCS

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.’’. 


jbell on PROD1PC69 with BILLS
920 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
921 

•S 22 PCS

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’’. 


jbell on PROD1PC69 with BILLS
922 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
923 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
924 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
925 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
926 

•S 22 PCS

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 conVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00926 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
927 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
928 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
929 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
930 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
931 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
932 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
933 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
934 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
935 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
936 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
937 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
938 

•S 22 PCS

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 assoVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00938 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
939 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
940 

•S 22 PCS

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 MexVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00940 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
941 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
942 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
943 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
944 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
945 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
946 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
947 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
948 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
949 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
950 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
951 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
952 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
953 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
954 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
955 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
956 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
957 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
958 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
959 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
960 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
961 

•S 22 PCS

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 conVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00961 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
962 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
963 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
964 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
965 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
966 

•S 22 PCS

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 FedVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
967 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
968 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
969 

•S 22 PCS

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 paraVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00969 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
970 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
971 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
972 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
973 

•S 22 PCS

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 capaVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00973 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
974 

•S 22 PCS

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 Chief of Engineers; 

20 (7) the Administrator of the Environmental 

21 Protection Agency; and 

22 (8) the Secretary of Energy. 

23 (c) REVIEW ELEMENTS.—In conducting the review 

24 and developing the strategy under subsection (a), the 

25 panel shall consult with State water resource agencies, the 


jbell on PROD1PC69 with BILLS
975 

•S 22 PCS

1 Advisory Committee, drinking water utilities, water re2 search organizations, and relevant water user, environ3 mental, and other nongovernmental organizations— 

4 (1) to assess the extent to which the conduct of 

5 measures of streamflow, groundwater levels, soil 

6 moisture, evapotranspiration rates, evaporation 

7 rates, snowpack levels, precipitation amounts, flood 

8 risk, and glacier mass is necessary to improve the 

9 understanding of the Federal Government and the 

10 States with respect to each impact of global climate 

11 change on water resources; 

12 (2) to identify data gaps in current water moni13 toring networks that must be addressed to improve 

14 the capability of the Federal Government and the 

15 States to measure, analyze, and predict changes to 

16 the quality and quantity of water resources, includ17 ing flood risks, that are directly or indirectly af18 fected by global climate change; 

19 (3) to establish data management and commu20 nication protocols and standards to increase the 

21 quality and efficiency by which each Federal agency 

22 acquires and reports relevant data; 

23 (4) to consider options for the establishment of 

24 a data portal to enhance access to water resource 

25 data— 


jbell on PROD1PC69 with BILLS
976 

•S 22 PCS

1 (A) relating to each nationally significant 

2 freshwater watershed and aquifer located in the 

3 United States; and 

4 (B) that is collected by each Federal agen5 cy and any other public or private entity for 

6 each nationally significant freshwater watershed 

7 and aquifer located in the United States; 

8 (5) to expand, and integrate each initiative of 

9 the panel with, to the maximum extent possible, any 

10 relevant Federal initiatives in existence as of the 

11 date of enactment of this Act, including— 

12 (A) the interagency National Integrated 

13 Drought Information System led by the Na14 tional Oceanic and Atmospheric Administration; 

15 (B) the Regional Integrated Sciences and 

16 Assessments (RISA) program of the National 

17 Oceanic and Atmospheric Administration; 

18 (C) the advanced hydrologic prediction 

19 service of the National Weather Service; 

20 (D) the National Water Information Sys21 tem of the United States Geological Survey; 

22 and 

23 (E) the Hydrologic Information System of 

24 the Consortium of Universities for the Advance25 ments of Hydrologic Sciences; 


jbell on PROD1PC69 with BILLS
977 

•S 22 PCS

1 (6) to facilitate the development of hydrologic 

2 and other models to integrate data that reflects 

3 groundwater and surface water interactions; 

4 (7) to apply the hydrologic and other models 

5 developed under paragraph (6) to water resource 

6 management problems identified by the panel, in7 cluding the need to maintain or improve ecological 

8 resiliency at watershed and aquifer system scales; 

9 and 

10 (8) to facilitate the development of mechanisms 

11 to effectively combine global and regional climate 

12 models with hydrologic and ecological models to 

13 produce water resource information to assist water 

14 managers at the Federal, State, and local levels in 

15 the development of adaptation strategies that can be 

16 incorporated into long-term water management and 

17 flood-hazard mitigation decisions. 

18 (d) REPORT.—Not later than 2 years after the date 

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

20 the appropriate committees of Congress a report that de21 scribes the review conducted, and the strategy developed, 

22 by the panel under subsection (a). 

23 (e) DEMONSTRATION, RESEARCH, AND METHOD24 OLOGY DEVELOPMENT PROJECTS.— 


jbell on PROD1PC69 with BILLS
978 

•S 22 PCS

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) 


jbell on PROD1PC69 with BILLS
979 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
980 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
981 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
982 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
983 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
984 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
985 

•S 22 PCS

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) 


jbell on PROD1PC69 with BILLS
986 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
987 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
988 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
989 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
990 

•S 22 PCS

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 apVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
991 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
992 

•S 22 PCS

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, acVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00992 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
993 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
994 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
995 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
996 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
997 

•S 22 PCS

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 SecVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00997 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
998 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
999 

•S 22 PCS

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 acVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00999 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1000 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1001 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1002 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1003 

•S 22 PCS

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 comVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01003 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1004 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1005 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1006 

•S 22 PCS

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 DisVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01006 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1007 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1008 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1009 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1010 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1011 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1012 

•S 22 PCS

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 inVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1013 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1014 

•S 22 PCS

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, BuVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01014 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1015 

•S 22 PCS

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 auVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01015 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1016 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1017 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1018 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1019 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1020 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1021 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
1022 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1023 

•S 22 PCS

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 conVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01023 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1024 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1025 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1026 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1027 

•S 22 PCS

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 proVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01027 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1028 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1029 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1030 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1031 

•S 22 PCS

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 collecVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01031 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1032 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1033 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1034 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1035 

•S 22 PCS

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 manVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01035 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1036 

•S 22 PCS

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 opVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01036 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1037 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1038 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1039 

•S 22 PCS

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 exerVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01039 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1040 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1041 

•S 22 PCS

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)). 


jbell on PROD1PC69 with BILLS
1042 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1043 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1044 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1045 

•S 22 PCS

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 manVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01045 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1046 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1047 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
1048 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1049 

•S 22 PCS

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 construcVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01049 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1050 

•S 22 PCS

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, avoidVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01050 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1051 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1052 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
1053 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1054 

•S 22 PCS

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 MexVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01054 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1055 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1056 

•S 22 PCS

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 inVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01056 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1057 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1058 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1059 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1060 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
1061 

•S 22 PCS

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 reasVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01061 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1062 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1063 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1064 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1065 

•S 22 PCS

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.’’. 


jbell on PROD1PC69 with BILLS
1066 

•S 22 PCS

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: 


jbell on PROD1PC69 with BILLS
1067 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1068 

•S 22 PCS

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 accordVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01068 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1069 

•S 22 PCS

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 MexVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01069 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1070 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1071 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1072 

•S 22 PCS

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.’’. 


jbell on PROD1PC69 with BILLS
1073 

•S 22 PCS

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); 


jbell on PROD1PC69 with BILLS
1074 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
1075 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1076 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1077 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1078 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
1079 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1080 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1081 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1082 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1083 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1084 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1085 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1086 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
1087 

•S 22 PCS

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 acquisiVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01087 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1088 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1089 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1090 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1091 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1092 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1093 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1094 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1095 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1096 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1097 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1098 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1099 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1100 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1101 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1102 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1103 

•S 22 PCS

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 ArVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01103 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1104 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1105 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1106 

•S 22 PCS

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). 


jbell on PROD1PC69 with BILLS
1107 

•S 22 PCS

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 genVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01107 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1108 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1109 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1110 

•S 22 PCS

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 nonreimbursVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01110 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1111 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1112 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1113 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1114 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1115 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1116 

•S 22 PCS

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 construcVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01116 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1117 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1118 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1119 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1120 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1121 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1122 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1123 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1124 

•S 22 PCS

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 inVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01124 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1125 

•S 22 PCS

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, operVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01125 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1126 

•S 22 PCS

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 operVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01126 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1127 

•S 22 PCS

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 responVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01127 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1128 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1129 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1130 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1131 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1132 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1133 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1134 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1135 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1136 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1137 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1138 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1139 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1140 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1141 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1142 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1143 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1144 

•S 22 PCS

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 SecVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01144 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1145 

•S 22 PCS

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 conVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01145 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1146 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1147 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1148 

•S 22 PCS

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.). 


jbell on PROD1PC69 with BILLS
1149 

•S 22 PCS

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 identiVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01149 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1150 

•S 22 PCS

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 SecVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01150 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1151 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1152 

•S 22 PCS

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 damVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01152 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1153 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1154 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1155 

•S 22 PCS

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.); 


jbell on PROD1PC69 with BILLS
1156 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1157 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1158 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1159 

•S 22 PCS

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 enVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01159 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1160 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1161 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1162 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1163 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1164 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1165 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1166 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1167 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1168 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1169 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1170 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1171 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1172 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1173 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
1174 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1175 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1176 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1177 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1178 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1179 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1180 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1181 

•S 22 PCS

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’’. 


jbell on PROD1PC69 with BILLS
1182 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1183 

•S 22 PCS

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 EnviVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01183 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1184 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1185 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1186 

•S 22 PCS

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 eduVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01186 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1187 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1188 

•S 22 PCS

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 or 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 exploVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01188 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1189 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
1190 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1191 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
1192 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1193 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1194 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1195 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1196 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1197 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1198 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1199 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1200 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
1201 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1202 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1203 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1204 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1205 

•S 22 PCS

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 ComVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01205 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1206 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1207 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1208 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
1209 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1210 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1211 

•S 22 PCS

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 deVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01211 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1212 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1213 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1214 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1215 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1216 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1217 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1218 

•S 22 PCS

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 FedVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01218 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1219 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1220 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1221 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1222 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1223 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1224 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1225 

•S 22 PCS

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 ObserVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01225 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1226 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1227 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1228 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1229 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1230 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1231 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1232 

•S 22 PCS

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 remainVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01232 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1233 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1234 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1235 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1236 

•S 22 PCS

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 coVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01236 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1237 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1238 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1239 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1240 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1241 

•S 22 PCS

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 acidiVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01241 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1242 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1243 

•S 22 PCS

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, 


jbell on PROD1PC69 with BILLS
1244 

•S 22 PCS

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 SubVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01244 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1245 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1246 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1247 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1248 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1249 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1250 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1251 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1252 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1253 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1254 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1255 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1256 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1257 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1258 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1259 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1260 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1261 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1262 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1263 

•S 22 PCS

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.’’. 


jbell on PROD1PC69 with BILLS
1264 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1265 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1266 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1267 

•S 22 PCS

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 AdVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01267 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1268 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1269 

•S 22 PCS

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 SecVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01269 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1270 

•S 22 PCS

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.’’. 


jbell on PROD1PC69 with BILLS
1271 

•S 22 PCS

1 SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS 

2 PIPELINE ACT. 

3 (a) ADMINISTRATION.—Section 106 of the Alaska 

4 Natural Gas Pipeline Act (15 U.S.C. 720d) is amended 

5 by adding at the end the following: 

6 ‘‘(h) ADMINISTRATION.— 

7 ‘‘(1) PERSONNEL APPOINTMENTS.— 

8 ‘‘(A) IN GENERAL.—The Federal Coordi9 nator may appoint and terminate such per10 sonnel as the Federal Coordinator determines 

11 to be appropriate. 

12 ‘‘(B) AUTHORITY OF FEDERAL COORDI13 NATOR.—Personnel appointed by the Federal 

14 Coordinator under subparagraph (A) shall be 

15 appointed without regard to the provisions of 

16 title 5, United States Code, governing appoint17 ments in the competitive service. 

18 ‘‘(2) COMPENSATION.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), personnel appointed by the Federal 

21 Coordinator under paragraph (1)(A) shall be 

22 paid without regard to the provisions of chapter 

23 51 and subchapter III of chapter 53 of title 5, 

24 United States Code (relating to classification 

25 and General Schedule pay rates). 


jbell on PROD1PC69 with BILLS
1272 

•S 22 PCS

1 ‘‘(B) MAXIMUM LEVEL OF COMPENSA2 TION.—The rate of pay for personnel appointed 

3 by the Federal Coordinator under paragraph 

4 (1)(A) shall not exceed the maximum level of 

5 rate payable for level III of the Executive 

6 Schedule. 

7 ‘‘(C) APPLICABILITY OF SECTION 5941.— 

8 Section 5941 of title 5, United States Code, 

9 shall apply to personnel appointed by the Fed10 eral Coordinator under paragraph (1)(A). 

11 ‘‘(3) TEMPORARY SERVICES.— 

12 ‘‘(A) IN GENERAL.—The Federal Coordi13 nator may procure temporary and intermittent 

14 services in accordance with section 3109(b) of 

15 title 5, United States Code. 

16 ‘‘(B) MAXIMUM LEVEL OF COMPENSA17 TION.—The level of compensation of an indi18 vidual employed on a temporary or intermittent 

19 basis under subparagraph (A) shall not exceed 

20 the maximum level of rate payable for level III 

21 of the Executive Schedule. 

22 ‘‘(4) FEES, CHARGES, AND COMMISSIONS.— 

23 ‘‘(A) IN GENERAL.—The Federal Coordi24 nator shall have the authority to establish, 

25 change, and abolish reasonable filing and servVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01272 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1273 

•S 22 PCS

1 ice fees, charges, and commissions, require de2 posits of payments, and provide refunds as pro3 vided to the Secretary of the Interior in section 

4 304 of the Federal Land Policy and Manage5 ment Act of 1976 (43 U.S.C. 1734), except 

6 that the authority shall be with respect to the 

7 duties of the Federal Coordinator, as described 

8 in this Act. 

9 ‘‘(B) AUTHORITY OF SECRETARY OF THE

10 INTERIOR.—Subparagraph (A) shall not affect 

11 the authority of the Secretary of the Interior to 

12 establish, change, and abolish reasonable filing 

13 and service fees, charges, and commissions, re14 quire deposits of payments, and provide refunds 

15 under section 304 of the Federal Land Policy 

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

17 1734). 

18 ‘‘(C) USE OF FUNDS.—The Federal Coor19 dinator is authorized to use, without further ap20 propriation, amounts collected under subpara21 graph (A) to carry out this section.’’. 

22 (b) CLARIFICATION OF AUTHORITY.—Section 107(a) 

23 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 

24 720e(a)) is amended by striking paragraph (3) and insert25 ing the following: 


jbell on PROD1PC69 with BILLS
1274 

•S 22 PCS

1 ‘‘(3) the validity of any determination, permit, 

2 approval, authorization, review, or other related ac3 tion taken under any provision of law relating to a 

4 gas transportation project constructed and operated 

5 in accordance with section 103, including— 

6 ‘‘(A) subchapter II of chapter 5, and chap7 ter 7, of title 5, United States Code (commonly 

8 known as the ‘Administrative Procedure Act’); 

9 ‘‘(B) the Endangered Species Act of 1973 

10 (16 U.S.C. 1531 et seq.); 

11 ‘‘(C) the National Environmental Policy 

12 Act of 1969 (42 U.S.C. 4321 et seq.); 

13 ‘‘(D) the National Historic Preservation 

14 Act (16 U.S.C. 470 et seq.); and 

15 ‘‘(E) the Alaska National Interest Lands 

16 Conservation Act (16 U.S.C. 3101 et seq.).’’. 

17 SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DE18 PARTMENT OF ENERGY. 

19 (a) IN GENERAL.—Section 203(a) of the Department 

20 of Energy Organization Act (42 U.S.C. 7133(a)) is 

21 amended in the first sentence by striking ‘‘7 Assistant 

22 Secretaries’’ and inserting ‘‘8 Assistant Secretaries’’. 

23 (b) CONFORMING AMENDMENT.—Section 5315 of 

24 title 5, United States Code, is amended by striking ‘‘AsVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01274 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1275 

•S 22 PCS

1 sistant Secretaries of Energy (7)’’ and inserting ‘‘Assist2 ant Secretaries of Energy (8)’’. 

3 (c) SENSE OF CONGRESS.—It is the sense of Con4 gress that leadership for missions of the Department of 

5 Energy relating to electricity delivery and reliability 

6 should be at the Assistant Secretary level. 

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 


jbell on PROD1PC69 with BILLS
1276 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1277 

•S 22 PCS

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.— 


jbell on PROD1PC69 with BILLS
1278 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1279 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1280 

•S 22 PCS

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 faVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01280 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1281 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1282 

•S 22 PCS

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— 


jbell on PROD1PC69 with BILLS
1283 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1284 

•S 22 PCS

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’’. 


jbell on PROD1PC69 with BILLS
1285 

•S 22 PCS

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)— 


jbell on PROD1PC69 with BILLS
1286 

•S 22 PCS

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 sevVerDate Nov 24 2008 00:53 Jan 09, 2009 Jkt 079200 PO 00000 Frm 01286 Fmt 6652 Sfmt 6201 E:\BILLS\S22.PCS S22

jbell on PROD1PC69 with BILLS
1287 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1288 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1289 

•S 22 PCS

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 


jbell on PROD1PC69 with BILLS
1290 

•S 22 PCS

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; 


jbell on PROD1PC69 with BILLS
1291 

•S 22 PCS

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); 


jbell on PROD1PC69 with BILLS
1292 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1293 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS
1294 

•S 22 PCS

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. 


jbell on PROD1PC69 with BILLS

jbell on PROD1PC69 with BILLS
Calendar No. 13 

111TH CONGRESS 

1ST SESSION S. 22 

A BILL 

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 auJANUARY 8, 2009 

Read the second time and placed on the calendar 


jbell on PROD1PC69 with BILLS