IIB 

113TH CONGRESS 

2D SESSION H. R. 2954 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2014 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To authorize Escambia County, Florida, to convey certain 

property that was formerly part of Santa Rosa Island 

National Monument and that was conveyed to Escambia 

County subject to restrictions on use and reconveyance. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Public Access and 

3 Lands Improvement Act’’. 

4 TITLE I—SANTA ROSA ISLAND 

5 TITLE FAIRNESS AND LAND 

6 PRESERVATION ACT 

7 SEC. 101. SHORT TITLE. 

8 This title may be cited as the ‘‘Santa Rosa Island 

9 Title Fairness and Land Preservation Act’’. 

10 SEC. 102. CONVEYANCE OF PROPERTY. 

11 (a) CONVEYANCE FREE OF RESTRICTIONS.—Not12 withstanding the restrictions on conveyance of property lo13 cated on Santa Rosa Island, Florida, contained in the Act 

14 of July 30, 1946 (chapter 699; 70 Stat. 712), and the 

15 deed to the property from the United States to Escambia 

16 County, Florida, dated January 15, 1947, Escambia 

17 County may, at its discretion, convey or otherwise dispose 

18 of all of its right, title, and interest (in whole or in part), 

19 in and to any portion of the property that was conveyed 

20 to it pursuant to that Act and deed, to any person or enti21 ty, free from any restriction on conveyance or reconvey22 ance imposed by the United States in that Act or deed. 

23 Any conveyance under this subsection shall be subject to 

24 the conditions set forth in subsection (c). 

25 (b) LEASEHOLD INTERESTS.—No person or entity 

26 holding a leasehold interest in the property as of the date 


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1 of the enactment of this Act shall be required to involun2 tarily accept a fee interest in lieu of their leasehold inter3 est in the property. 

4 (c) CONDITIONS.—Any conveyance under subsection 

5 (a) shall be subject to the following conditions: 

6 (1) Not later than two calendar years after the 

7 date of the enactment of this Act, Escambia County 

8 shall convey to Santa Rosa County all right, title, 

9 and interest held in and to any portion of the prop10 erty that was conveyed to Escambia County under 

11 the Act and deed that fall in the jurisdictional 

12 boundaries of Santa Rosa County, Florida. The con13 veyance by Escambia County to Santa Rosa County 

14 shall be absolute and shall terminate any subjuga15 tion of Santa Rosa County to Escambia County or 

16 any regulation of Santa Rosa County by Escambia 

17 County. Santa Rosa County shall not be required to 

18 pay any sum for the subject property other than ac19 tual costs associated with the conveyance. 

20 (2) Santa Rosa County or any other person to 

21 which property is conveyed under this title may re22 convey property, or any portion of property, con23 veyed to it under this section. 

24 (3) For all properties defined under subsection 

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1 corporation, annexation, or any other governmental 

2 status so long as all other legal conditions required 

3 for doing so are followed. 

4 (4) Each property defined under subsection (a) 

5 is under the jurisdiction of the county and any other 

6 local government entity in which the property is lo7 cated. 

8 (5) Any proceeds from the conveyance of any 

9 property defined under subsection (a) by Escambia 

10 County or Santa Rosa County, other than direct and 

11 incidental costs associated with such conveyance, 

12 shall be considered windfall profits and shall revert 

13 to the United States. 

14 (6) Escambia County and Santa Rosa County 

15 shall in perpetuity preserve those areas on Santa 

16 Rosa Island currently dedicated to conservation, 

17 preservation, public, recreation, access and public 

18 parking in accordance with resolutions heretofore 

19 adopted by the Board of County Commissioners of 

20 each respective county. 

21 (d) DETERMINATION OF COMPLIANCE.—Escambia 

22 County and Santa Rosa County shall have no deadline or 

23 requirement to make any conveyance or reconveyance of 

24 any property defined under subsection (a) other than the 

25 conveyance required under subsection (c)(1). Each county 


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1 may establish terms for conveyance or reconveyance, sub2 ject to the conditions set forth in this title and applicable 

3 State law. 

4 TITLE II—ANCHORAGE LAND 

5 CONVEYANCE ACT 

6 SEC. 201. SHORT TITLE. 

7 This title may be cited as the ‘‘Anchorage Land Con8 veyance Act of 2014’’. 

9 SEC. 202. DEFINITIONS. 

10 In this title: 

11 (1) CITY.—The term ‘‘City’’ means the city of 

12 Anchorage, Alaska. 

13 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed14 eral land’’ means certain parcels of land located in 

15 the City and owned by the City, which are more par16 ticularly described as follows: 

17 (A) Block 42, Original Townsite of An18 chorage, Anchorage Recording District, Third 

19 Judicial District, State of Alaska, consisting of 

20 approximately 1.93 acres, commonly known as 

21 the Egan Center, Petrovich Park, and Old City 

22 Hall. 

23 (B) Lots 9, 10, and 11, Block 66, Original 

24 Townsite of Anchorage, Anchorage Recording 

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1 ka, consisting of approximately 0.48 acres, com2 monly known as the parking lot at 7th Avenue 

3 and I Street. 

4 (C) Lot 13, Block 15, Original Townsite of 

5 Anchorage, Anchorage Recording District, 

6 Third Judicial District, State of Alaska, con7 sisting of approximately 0.24 acres, an unim8 proved vacant lot located at H Street and 

9 Christensen Drive. 

10 (3) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 SEC. 203. CONVEYANCE OF REVERSIONARY INTERESTS, AN13 CHORAGE, ALASKA. 

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of law, the Secretary shall convey to the City, without 

16 consideration, the reversionary interests of the United 

17 States in and to the non-Federal land for the purpose of 

18 unencumbering the title to the non-Federal land to enable 

19 economic development of the non-Federal land. 

20 (b) LEGAL DESCRIPTIONS.—As soon as practicable 

21 after the date of enactment of this Act, the exact legal 

22 descriptions of the non-Federal land shall be determined 

23 in a manner satisfactory to the Secretary. 

24 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

25 Secretary may require such additional terms and condiVerDate Mar 15 2010 23:40 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2954.RFS H2954

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1 tions to the conveyance under subsection (a) as the Sec2 retary considers appropriate to protect the interests of the 

3 United States. 

4 (d) COSTS.—The City shall pay all costs associated 

5 with the conveyance under subsection (a), including the 

6 costs of any surveys, recording costs, and other reasonable 

7 costs. 

8 TITLE III—FERNLEY ECONOMIC 

9 SELF-DETERMINATION ACT 

10 SEC. 301. DEFINITIONS. 

11 In this title: 

12 (1) CITY.—The term ‘‘City’’ means the City of 

13 Fernley, Nevada. 

14 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

15 means the approximately 9,407 acres of land located 

16 in the City of Fernley, Nevada, that is identified by 

17 the Secretary and the City for conveyance under this 

18 title. 

19 (3) MAP.—The term ‘‘map’’ means the map en20 titled ‘‘Proposed Fernley, Nevada, Land Sales’’ and 

21 dated January 25, 2013. 

22 SEC. 302. CONVEYANCE OF CERTAIN FEDERAL LAND TO 

23 CITY OF FERNLEY, NEVADA. 

24 (a) CONVEYANCE AUTHORIZED.—Subject to valid ex25 isting rights and not later than 180 days after the date 


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1 on which the Secretary of the Interior receives an offer 

2 from the City to purchase the Federal land depicted on 

3 the map, the Secretary, acting through the Bureau of 

4 Land Management and the Bureau of Reclamation, shall 

5 convey, notwithstanding the land use planning require6 ments of sections 202 and 203 of the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 1712, 1713), 

8 to the City in exchange for consideration in an amount 

9 equal to the fair market value of the Federal land, all 

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

11 such Federal land. 

12 (b) APPRAISAL TO DETERMINE FAIR MARKET

13 VALUE.—The Secretary shall determine the fair market 

14 value of the Federal land to be conveyed— 

15 (1) in accordance with the Federal Land Policy 

16 and Management Act of 1976 (43 U.S.C. 1701 et 

17 seq.); and 

18 (2) based on an appraisal that is conducted in 

19 accordance with nationally recognized appraisal 

20 standards, including— 

21 (A) the Uniform Appraisal Standards for 

22 Federal Land Acquisition; and 

23 (B) the Uniform Standards of Professional 

24 Appraisal Practice. 


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1 (c) AVAILABILITY OF MAP.—The map shall be on file 

2 and available for public inspection in the appropriate of3 fices of the Bureau of Land Management. 

4 (d) RESERVATION OF EASEMENTS AND RIGHTS-OF5 WAY.—The City and the Bureau of Reclamation may re6 tain easements or rights-of-way on the Federal land to be 

7 conveyed, including easements or rights-of-way the Bu8 reau of Reclamation determines are necessary to carry 

9 out— 

10 (1) the operation and maintenance of the 

11 Truckee Canal; or 

12 (2) the Newlands Project. 

13 (e) COSTS.—The City shall, at closing for the convey14 ance authorized under subsection (a), pay or reimburse 

15 the Secretary, as appropriate, for the reasonable trans16 action and administrative personnel costs associated with 

17 the conveyance authorized under such subsection, includ18 ing the costs of appraisal, title searches, maps, and bound19 ary and cadastral surveys. 

20 (f) CONVEYANCE NOT A MAJOR FEDERAL ACTION.— 

21 A conveyance or a combination of conveyances made under 

22 this section shall not be considered a major Federal action 

23 for purposes of section 102(2) of the National Environ24 mental Policy Act of 1969 (42 U.S.C. 4332(2)). 


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1 SEC. 303. RELEASE OF UNITED STATES. 

2 Upon making the conveyance under section 302, not3 withstanding any other provision of law, the United States 

4 is released from any and all liabilities or claims of any 

5 kind or nature arising from the presence, release, or threat 

6 of release of any hazardous substance, pollutant, contami7 nant, petroleum product (or derivative of a petroleum 

8 product of any kind), solid waste, mine materials or min9 ing related features (including tailings, overburden, waste 

10 rock, mill remnants, pits, or other hazards resulting from 

11 the presence of mining related features) on the Federal 

12 land in existence on or before the date of the conveyance. 

13 SEC. 304. WITHDRAWAL. 

14 Subject to valid existing rights, the Federal land to 

15 be conveyed under section 302 of this title shall be with16 drawn from all forms of— 

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

18 public land laws; 

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

20 laws; and 

21 (3) disposition under the mineral leasing, min22 eral materials, and geothermal leasing laws. 


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1 TITLE IV—LAND DISPOSAL 

2 TRANSPARENCY AND EFFI3 CIENCY ACT 

4 SEC. 401. PROHIBITION ON ACQUISITION OF LAND. 

5 (a) SHORT TITLE.—This title may be cited as the 

6 ‘‘Land Disposal Transparency and Efficiency Act’’. 

7 (b) PROHIBITION ON ACQUISITION OF LAND.—No 

8 land or interests in land may be added by acquisition, do9 nation, transfer of administrative jurisdiction, or other10 wise to the inventory of land and interests in land adminis11 tered by the Bureau of Land Management until a central12 ized database of all lands identified as suitable for disposal 

13 by Resource Management Plans for lands under the ad14 ministrative jurisdiction of the Bureau is easily accessible 

15 to the public on a website of the Bureau. The database 

16 required under this subsection shall be updated and main17 tained to reflect changes in the status of lands identified 

18 for disposal under the administrative jurisdiction of the 

19 Bureau. 

20 (c) REPORT.—Not later than 90 days after the date 

21 of the enactment of this Act, the Secretary of the Interior 

22 shall provide to the Committee on Natural Resources in 

23 the House of Representatives and the Committee on En24 ergy and Natural Resources in the Senate a report detailVerDate Mar 15 2010 23:40 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2954.RFS H2954

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1 ing the status and timing for completion of the database 

2 required by subsection (b). 

3 TITLE V—PRESERVING ACCESS 

4 TO CAPE HATTERAS NA5 TIONAL SEASHORE REC6 REATIONAL AREA ACT 

7 SEC. 501. SHORT TITLE. 

8 This title may be cited as the ‘‘Preserving Access to 

9 Cape Hatteras National Seashore Recreational Area Act’’. 

10 SEC. 502. REINSTATEMENT OF INTERIM MANAGEMENT 

11 STRATEGY. 

12 (a) MANAGEMENT.—After the date of the enactment 

13 of this Act, Cape Hatteras National Seashore Recreational 

14 Area shall be managed in accordance with the Interim 

15 Protected Species Management Strategy/Environmental 

16 Assessment issued by the National Park Service on June 

17 13, 2007, for the Cape Hatteras National Seashore Rec18 reational Area, North Carolina, unless the Secretary of the 

19 Interior (hereafter in this title referred to as the ‘‘Sec20 retary’’) issues a new final rule that meets the require21 ments set forth in section 503. 

22 (b) RESTRICTIONS.—The Secretary shall not impose 

23 any additional restrictions on pedestrian or motorized ve24 hicular access to any portion of Cape Hatteras National 

25 Seashore Recreational Area for species protection beyond 


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1 those in the Interim Management Strategy, other than as 

2 specifically authorized pursuant to section 503 of this title. 

3 SEC. 503. ADDITIONAL RESTRICTIONS ON ACCESS TO CAPE 

4 HATTERAS NATIONAL SEASHORE REC5 REATIONAL AREA FOR SPECIES PROTEC6 TION. 

7 (a) IN GENERAL.—If, based on peer-reviewed science 

8 and after public comment, the Secretary determines that 

9 additional restrictions on access to a portion of the Cape 

10 Hatteras National Seashore Recreational Area are nec11 essary to protect species listed as endangered under the 

12 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

13 the Secretary may only restrict, by limitation, closure, 

14 buffer, or otherwise, pedestrian and motorized vehicular 

15 access for recreational activities for the shortest possible 

16 time and on the smallest possible portions of the Cape 

17 Hatteras National Seashore Recreational Area. 

18 (b) LIMITATION ON RESTRICTIONS.—Restrictions 

19 imposed under this section for protection of species listed 

20 as endangered under the Endangered Species Act of 1973 

21 (16 U.S.C. 1531 et seq.) shall not be greater than the 

22 restrictions in effect for that species at any other National 

23 Seashore. 

24 (c) CORRIDORS AROUND CLOSURES.—To the max25 imum extent possible, the Secretary shall designate pedesVerDate Mar 15 2010 23:40 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2954.RFS H2954

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1 trian and vehicular corridors of minimal distance on the 

2 beach or interdunal area around closures implemented 

3 under this section to allow access to areas not closed. 

4 SEC. 504. INAPPLICABILITY OF FINAL RULE AND CONSENT 

5 DECREE. 

6 (a) FINAL RULE.—The final rule titled ‘‘Special Reg7 ulations, Areas of the National Park System, Cape Hat8 teras National Seashore—Off-Road Vehicle Management’’ 

9 (77 Fed. Reg. 3123–3144) shall have no force or effect 

10 after the date of the enactment of this Act. 

11 (b) CONSENT DECREE.—The April 30, 2008, consent 

12 decree filed in the United States District Court for the 

13 Eastern District of North Carolina regarding off-road ve14 hicle use at Cape Hatteras National Seashore in North 

15 Carolina shall not apply after the date of the enactment 

16 of this Act. 

17 TITLE VI—GREEN MOUNTAIN 

18 LOOKOUT HERITAGE PRO19 TECTION ACT 

20 SEC. 601. SHORT TITLE. 

21 This title may be cited as the ‘‘Green Mountain Look22 out Heritage Protection Act’’. 


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1 SEC. 602. CLARIFICATION OF LEGAL AUTHORITY OF GREEN 

2 MOUNTAIN LOOKOUT. 

3 (a) LEGAL AUTHORITY OF LOOKOUT.—Section 4(b) 

4 of the Washington State Wilderness Act of 1984 (Public 

5 Law 98–339; 98 Stat. 300; 16 U.S.C. 1131 note) is 

6 amended by striking the period at the end and inserting 

7 the following: ‘‘, and except that with respect to the lands 

8 described in section 3(5), the designation of such lands 

9 as a wilderness area shall not preclude the operation and 

10 maintenance of Green Mountain Lookout.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect as if included in the enact13 ment of the Washington State Wilderness Act of 1984. 

14 SEC. 603. PRESERVATION OF GREEN MOUNTAIN LOOKOUT 

15 LOCATION. 

16 The Secretary of Agriculture, acting through the 

17 Chief of the Forest Service, may not move Green Moun18 tain Lookout from its current location on Green Mountain 

19 in the Mount Baker-Snoqualmie National Forest unless 

20 the Secretary determines that moving Green Mountain 

21 Lookout is necessary to preserve the Lookout or to ensure 

22 the safety of individuals on or around Green Mountain. 

23 If the Secretary makes such a determination, the Sec24 retary shall move the Green Mountain Lookout to a loca25 tion outside of the lands described in section 3(5) of the 


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1 Washington State Wilderness Act of 1984 and designated 

2 as a wilderness area in section 4(b) of such Act. 

3 TITLE VII—RIVER PADDLING 

4 PROTECTION ACT 

5 SEC. 701. SHORT TITLE. 

6 This title may be cited as the ‘‘River Paddling Protec7 tion Act’’. 

8 SEC. 702. REGULATIONS SUPERSEDED. 

9 (a) IN GENERAL.—The rivers and streams of Yellow10 stone National Park and Grand Teton National Park shall 

11 be open to hand-propelled vessels as determined by the 

12 director of the National Park Service within 3 years of 

13 the date of enactment of this Act. Beginning on the date 

14 that is 3 years after the date of enactment of this Act, 

15 the following regulations shall have no the force or effect 

16 regarding closing rivers and streams of Yellowstone Na17 tional Park and Grand Teton National Park to hand-pro18 pelled vessels: 

19 (1) Section 7.13(d)(4)(ii) of title 36, Code of 

20 Federal Regulations, regarding vessels on streams 

21 and rivers in Yellowstone National Park. 

22 (2) Section 7.22(e)(3) of title 36, Code of Fed23 eral Regulations, regarding vessels on lakes and riv24 ers in Grand Teton National Park. 


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1 (b) COORDINATION OF RECREATIONAL USE.—The 

2 Fish and Wildlife Service shall coordinate any recreational 

3 use of hand-propelled vessels on the Gros Ventre River 

4 within the National Elk Refuge with Grand Teton Na5 tional Park to ensure such use is consistent with the re6 quirements of the National Wildlife Refuge Administra7 tion Act. 

8 TITLE VIII—GRAZING 

9 IMPROVEMENT ACT 

10 SEC. 801. SHORT TITLE. 

11 This title may be cited as the ‘‘Grazing Improvement 

12 Act’’. 

13 SEC. 802. TERMS OF GRAZING PERMITS AND LEASES. 

14 Section 402 of the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1752) is amended— 

16 (1) by striking ‘‘ten years’’ each place it ap17 pears and inserting ‘‘20 years’’; and 

18 (2) after subsection (h), insert the following 

19 new subsections: 

20 ‘‘(i) Only applicants, permittees and lessees whose in21 terest in grazing livestock is directly affected by a final 

22 grazing decision concerning renewal, transfer or 

23 reissuance of a grazing permit or lease may appeal the 

24 decision to an administrative law judge or appeal officer 

25 as applicable. 


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1 ‘‘(j) LEGAL FEES.— 

2 ‘‘(1) Any person, other than a directly affected 

3 party, challenging an action of the Secretary con4 cerned regarding a final grazing decision in Federal 

5 court who is not a prevailing party shall pay to the 

6 prevailing parties (including a directly affected party 

7 who intervenes in such suit) fees and other expenses 

8 incurred by that party in connection with the chal9 lenge unless the Court finds that the position of the 

10 person was substantially justified. 

11 ‘‘(2) For purposes of this subsection, the term 

12 ‘‘directly affected party’’ means any applicant, per13 mittee, or lessee (or any organization representing 

14 applicants, permittees or lessees) whose interest in 

15 grazing livestock is directly affected by the final 

16 grazing decision.’’. 

17 SEC. 803. RENEWAL, TRANSFER, AND REISSUANCE OF 

18 GRAZING PERMITS AND LEASES. 

19 (a) AMENDMENT.—Title IV of the Federal Land Pol20 icy and Management Act of 1976 (43 U.S.C. 1751 et seq.) 

21 is amended by adding at the end the following: 

22 ‘‘SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF 

23 GRAZING PERMITS AND LEASES. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) CURRENT GRAZING MANAGEMENT.—The 

2 term ‘current grazing management’ means grazing 

3 in accordance with the terms and conditions of an 

4 existing permit or lease. 

5 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec6 retary concerned’ means— 

7 ‘‘(A) the Secretary of Agriculture, with re8 spect to National Forest System land; and 

9 ‘‘(B) the Secretary of the Interior, with re10 spect to land under the jurisdiction of the De11 partment of the Interior. 

12 ‘‘(b) RENEWAL, TRANSFER, REISSUANCE, AND

13 PENDING PROCESSING.—A grazing permit or lease issued 

14 by the Secretary of the Interior, or a grazing permit issued 

15 by the Secretary of Agriculture regarding National Forest 

16 System land, that expires, is transferred, or is waived shall 

17 be renewed or reissued under, as appropriate— 

18 ‘‘(1) section 402; 

19 ‘‘(2) section 19 of the Act of April 24, 1950 

20 (commonly known as the ‘Granger-Thye Act’; 16 

21 U.S.C. 580l); 

22 ‘‘(3) title III of the Bankhead-Jones Farm Ten23 ant Act (7 U.S.C. 1010 et seq.); or 

24 ‘‘(4) section 510 the California Desert Protec25 tion Act of 1994 (16 U.S.C. 410aaa–50). 


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1 ‘‘(c) TERMS; CONDITIONS.—The terms and condi2 tions (except the termination date) contained in an ex3 pired, transferred, or waived permit or lease described in 

4 subsection (b) shall continue in effect under a renewed or 

5 reissued permit or lease until the date on which the Sec6 retary concerned completes the processing of the renewed 

7 or reissued permit or lease that is the subject of the ex8 pired, transferred, or waived permit or lease, in compli9 ance with each applicable law. 

10 ‘‘(d) CANCELLATION; SUSPENSION; MODIFICA11 TION.—Notwithstanding subsection (c), a permit or lease 

12 described in subsection (b) may be cancelled, suspended, 

13 or modified in accordance with applicable law. 

14 ‘‘(e) RENEWAL TRANSFER REISSUANCE AFTER

15 PROCESSING.—When the Secretary concerned has com16 pleted the processing of the renewed or reissued permit 

17 or lease that is the subject of the expired, transferred, or 

18 waived permit or lease, the Secretary concerned shall 

19 renew or reissue the permit or lease for a term of 20 years 

20 after completion of processing. 

21 ‘‘(f) COMPLIANCE WITH NATIONAL ENVIRONMENTAL

22 POLICY ACT OF 1969.—The renewal, reissuance, or trans23 fer of a grazing permit or lease by the Secretary concerned 

24 shall be categorically excluded from the requirement to 


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1 prepare an environmental assessment or an environmental 

2 impact statement if— 

3 ‘‘(1) the decision continues to renew, reissue, or 

4 transfer the current grazing management of the al5 lotment; 

6 ‘‘(2) monitoring of the allotment has indicated 

7 that the current grazing management has met, or 

8 has satisfactorily progressed towards meeting, objec9 tives contained in the applicable land use or resource 

10 management plan of the allotment, as determined by 

11 the Secretary concerned; or 

12 ‘‘(3) the decision is consistent with the policy of 

13 the Department of the Interior or the Department 

14 of Agriculture, as appropriate, regarding extraor15 dinary circumstances. 

16 ‘‘(g) ENVIRONMENTAL REVIEWS.— 

17 ‘‘(1) The Secretary concerned, in the sole dis18 cretion of the Secretary concerned, shall determine 

19 the priority and timing for completing required envi20 ronmental reviews regarding any grazing allotment, 

21 permit, or lease based on the environmental signifi22 cance of the allotment, permit, or lease and available 

23 funding for that purpose. 

24 ‘‘(2) The Secretary concerned shall seek to con25 duct environmental reviews on an allotment or mulVerDate Mar 15 2010 23:40 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2954.RFS H2954

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1 tiple allotment basis, to the extent practicable, for 

2 purposes of compliance with the National Environ3 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

4 and other applicable laws. 

5 ‘‘(h) NEPA EXEMPTIONS.—The National Environ6 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 

7 not apply to the following: 

8 ‘‘(1) Crossing and trailing authorizations of do9 mestic livestock. 

10 ‘‘(2) Transfer of grazing preference. 

11 ‘‘(3) Range improvements as defined under 43 

12 U.S.C. 315c and 16 U.S.C. 580h. 

13 ‘‘(i) TEMPORARY TRAILING AND CROSSING.— 

14 ‘‘(1) Any application for temporary trailing or 

15 crossing that has been submitted in a timely manner 

16 or not less than 30 days prior to the anticipated 

17 trailing or crossing shall be granted, modified or de18 nied not less than fifteen days prior to the date of 

19 requested crossing or trailing. The minimum times 

20 specified in this subsection shall not preclude the ap21 proval of an application in a shorter time where an 

22 immediate need exists. 

23 ‘‘(2) Temporary trailing or crossing authoriza24 tions across lands administered by the Bureau of 

25 Land Management or the Forest Service system of 


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1 lands shall not be subject to protest or appeal except 

2 by the applicant or an affected permittee or lessee.’’. 

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

4 the Federal Land Policy and Management Act of 1976 

5 is amended by adding after the item for section 404, the 

6 following: 

‘‘Sec. 405. Renewal, transfer, and reissuance of grazing permits and leases.’’. 

7 TITLE IX—RIM FIRE 

8 EMERGENCY SALVAGE ACT 

9 SEC. 901. SHORT TITLE. 

10 This title may be cited as the ‘‘Rim Fire Emergency 

11 Salvage Act’’. 

12 SEC. 902. EXPEDITED FOREST SERVICE TIMBER SALVAGE 

13 AND RESTORATION PILOT PROJECTS IN RE14 SPONSE TO THE CALIFORNIA RIM FIRE. 

15 (a) PILOT PROJECTS REQUIRED.—As part of the res16 toration and rehabilitation activities undertaken on the 

17 lands within the Stanislaus National Forest adversely im18 pacted by the 2013 Rim Fire in California, the Secretary 

19 of Agriculture shall conduct a timber salvage and restora20 tion pilot project on burned National Forest System land 

21 within the Rim Fire perimeter. 

22 (b) MANAGEMENT PLAN.— 

23 (1) USE OF EIS PROPOSED ALTERNATIVE.—The 

24 Secretary of Agriculture shall conduct the pilot 

25 project required by subsection (a) in the manner 


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1 provided in the proposed alternative contained in the 

2 draft environmental impact statement noticed in the 

3 Federal Register on December 6, 2013, for Rim 

4 Fire recovery. 

5 (2) MODIFICATION.—During the course of the 

6 pilot project, the Secretary may adopt such modi7 fications to the management plan as the Secretary 

8 considers appropriate in response to public comment 

9 and consultation with interested Federal, State, and 

10 tribal agencies. 

11 (c) LEGAL SUFFICIENCY.—The pilot project required 

12 by subsection (a), and activities conducted under the pilot 

13 project, are deemed to be in compliance with the National 

14 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

15 seq.), section 14 of the National Forest Management Act 

16 of 1976 (16 U.S.C. 472a), the Forest and Rangeland Re17 newable Resources Planning Act of 1974 (16 U.S.C. 1600 

18 et seq.), the Federal Land Policy and Management Act 

19 of 1976 (43 U.S.C. 1701 et seq.), and the Endangered 

20 Species Act of 1973 (16 U.S.C. 1531 et seq.). 

21 (d) ADMINISTRATIVE AND JUDICIAL REVIEW AND

22 ACTION.—The pilot project required by subsection (a), 

23 and activities conducted under the pilot project, are not 

24 subject to— 

25 (1) administrative review; 


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1 (2) judicial review by any court of the United 

2 States; or 

3 (3) a temporary restraining order or prelimi4 nary injunction based on environmental impacts in a 

5 case for which a final decision has not been issued. 

6 SEC. 903. SENSE OF CONGRESS REGARDING USE OF FUNDS 

7 GENERATED FROM SALVAGE SALES CON8 DUCTED AFTER CATASTROPHIC WILD FIRES 

9 ON NATIONAL FOREST SYSTEM LAND OR BU10 REAU OF LAND MANAGEMENT LANDS. 

11 It is the sense of Congress that the Secretary of Agri12 culture, with respect to National Forest System lands, and 

13 the Secretary of the Interior, with respect to Bureau of 

14 Land Management land, should use existing authorities 

15 available to the Secretary to retain revenues (other than 

16 revenues required to be deposited in the general fund of 

17 the Treasury) generated by salvage sales conducted in re18 sponse to catastrophic wild fires on such land to cover the 

19 cost of restoration projects on such land. 

20 TITLE X—CHESAPEAKE BAY AC21 COUNTABILITY AND RECOV22 ERY ACT 

23 SEC. 1001. SHORT TITLE. 

24 This title may be cited as the ‘‘Chesapeake Bay Ac25 countability and Recovery Act of 2014’’. 


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1 SEC. 1002. CHESAPEAKE BAY CROSSCUT BUDGET. 

2 (a) CROSSCUT BUDGET.—The Director, in consulta3 tion with the Chesapeake Executive Council, the chief ex4 ecutive of each Chesapeake Bay State, and the Chesa5 peake Bay Commission, shall submit to Congress a finan6 cial report containing— 

7 (1) an interagency crosscut budget that dis8 plays— 

9 (A) the proposed funding for any Federal 

10 restoration activity to be carried out in the suc11 ceeding fiscal year, including any planned inter12 agency or intra-agency transfer, for each of the 

13 Federal agencies that carry out restoration ac14 tivities; 

15 (B) to the extent that information is avail16 able, the estimated funding for any State res17 toration activity to be carried out in the suc18 ceeding fiscal year; 

19 (C) all expenditures for Federal restoration 

20 activities from the preceding 2 fiscal years, the 

21 current fiscal year, and the succeeding fiscal 

22 year; and 

23 (D) all expenditures, to the extent that in24 formation is available, for State restoration ac25 tivities during the equivalent time period de26 scribed in subparagraph (C); 


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1 (2) a detailed accounting of all funds received 

2 and obligated by all Federal agencies for restoration 

3 activities during the current and preceding fiscal 

4 years, including the identification of funds which 

5 were transferred to a Chesapeake Bay State for res6 toration activities; 

7 (3) to the extent that information is available, 

8 a detailed accounting from each State of all funds 

9 received and obligated from a Federal agency for 

10 restoration activities during the current and pre11 ceding fiscal years; and 

12 (4) a description of each of the proposed Fed13 eral and State restoration activities to be carried out 

14 in the succeeding fiscal year (corresponding to those 

15 activities listed in subparagraphs (A) and (B) of 

16 paragraph (1)), including the— 

17 (A) project description; 

18 (B) current status of the project; 

19 (C) Federal or State statutory or regu20 latory authority, programs, or responsible agen21 cies; 

22 (D) authorization level for appropriations; 

23 (E) project timeline, including benchmarks; 

24 (F) references to project documents; 


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1 (G) descriptions of risks and uncertainties 

2 of project implementation; 

3 (H) adaptive management actions or 

4 framework; 

5 (I) coordinating entities; 

6 (J) funding history; 

7 (K) cost sharing; and 

8 (L) alignment with existing Chesapeake 

9 Bay Agreement and Chesapeake Executive 

10 Council goals and priorities. 

11 (b) MINIMUM FUNDING LEVELS.—The Director shall 

12 only describe restoration activities in the report required 

13 under subsection (a) that— 

14 (1) for Federal restoration activities, have fund15 ing amounts greater than or equal to $100,000; and 

16 (2) for State restoration activities, have funding 

17 amounts greater than or equal to $50,000. 

18 (c) DEADLINE.—The Director shall submit to Con19 gress the report required by subsection (a) not later than 

20 30 days after the submission by the President of the Presi21 dent’s annual budget to Congress. 

22 (d) REPORT.—Copies of the financial report required 

23 by subsection (a) shall be submitted to the Committees 

24 on Appropriations, Natural Resources, Energy and Com25 merce, and Transportation and Infrastructure of the 


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1 House of Representatives and the Committees on Appro2 priations, Environment and Public Works, and Commerce, 

3 Science, and Transportation of the Senate. 

4 (e) EFFECTIVE DATE.—This section shall apply be5 ginning with the first fiscal year after the date of enact6 ment of this Act for which the President submits a budget 

7 to Congress. 

8 SEC. 1003. RESTORATION THROUGH ADAPTIVE MANAGE9 MENT. 

10 (a) IN GENERAL.—Not later than 1 year after the 

11 date of enactment of this Act, the Administrator, in con12 sultation with other Federal and State agencies, and with 

13 the participation of stakeholders, shall develop a plan to 

14 provide technical and financial assistance to Chesapeake 

15 Bay States to employ adaptive management in carrying 

16 out restoration activities in the Chesapeake Bay water17 shed. 

18 (b) PLAN DEVELOPMENT.—The plan referred to in 

19 subsection (a) shall include— 

20 (1) specific and measurable objectives to im21 prove water quality, habitat, and fisheries identified 

22 by Chesapeake Bay States; 

23 (2) a process for stakeholder participation; 


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1 (3) monitoring, modeling, experimentation, and 

2 other research and evaluation technical assistance 

3 requested by Chesapeake Bay States; 

4 (4) identification of State restoration activities 

5 planned by Chesapeake Bay States to attain the 

6 State’s objectives under paragraph (1); 

7 (5) identification of Federal restoration activi8 ties that could help a Chesapeake Bay State to at9 tain the State’s objectives under paragraph (1); 

10 (6) recommendations for a process for modifica11 tion of State and Federal restoration activities that 

12 have not attained or will not attain the specific and 

13 measurable objectives set forth under paragraph (1); 

14 and 

15 (7) recommendations for a process for inte16 grating and prioritizing State and Federal restora17 tion activities and programs to which adaptive man18 agement can be applied. 

19 (c) IMPLEMENTATION.—In addition to carrying out 

20 Federal restoration activities under existing authorities 

21 and funding, the Administrator shall implement the plan 

22 developed under subsection (a) by providing technical and 

23 financial assistance to Chesapeake Bay States using re24 sources available for such purposes that are identified by 

25 the Director under section 1002. 


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1 (d) UPDATES.—The Administrator shall update the 

2 plan developed under subsection (a) every 2 years. 

3 (e) REPORT TO CONGRESS.— 

4 (1) IN GENERAL.—Not later than 60 days after 

5 the end of a fiscal year, the Administrator shall 

6 transmit to Congress an annual report on the imple7 mentation of the plan required under this section for 

8 such fiscal year. 

9 (2) CONTENTS.—The report required under 

10 paragraph (1) shall contain information about the 

11 application of adaptive management to restoration 

12 activities and programs, including level changes im13 plemented through the process of adaptive manage14 ment. 

15 (3) EFFECTIVE DATE.—Paragraph (1) shall 

16 apply to the first fiscal year that begins after the 

17 date of enactment of this Act. 

18 (f) INCLUSION OF PLAN IN ANNUAL ACTION PLAN

19 AND ANNUAL PROGRESS REPORT.—The Administrator 

20 shall ensure that the Annual Action Plan and Annual 

21 Progress Report required by section 205 of Executive 

22 Order No. 13508 includes the adaptive management plan 

23 outlined in subsection (a). 


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1 SEC. 1004. INDEPENDENT EVALUATOR FOR THE CHESA2 PEAKE BAY PROGRAM. 

3 (a) IN GENERAL.—There shall be an Independent 

4 Evaluator for restoration activities in the Chesapeake Bay 

5 watershed, who shall review and report on restoration ac6 tivities and the use of adaptive management in restoration 

7 activities, including on such related topics as are suggested 

8 by the Chesapeake Executive Council. 

9 (b) APPOINTMENT.— 

10 (1) IN GENERAL.—The Independent Evaluator 

11 shall be appointed by the Administrator from among 

12 nominees submitted by the Chesapeake Executive 

13 Council. 

14 (2) NOMINATIONS.—The Chesapeake Executive 

15 Council may submit to the Administrator 4 nomi16 nees for appointment to any vacancy in the office of 

17 the Independent Evaluator. 

18 (c) REPORTS.—The Independent Evaluator shall sub19 mit a report to the Congress every 2 years in the findings 

20 and recommendations of reviews under this section. 

21 (d) CHESAPEAKE EXECUTIVE COUNCIL.—In this sec22 tion, the term ‘‘Chesapeake Executive Council’’ has the 

23 meaning given that term by section 307 of the National 

24 Oceanic and Atmospheric Administration Authorization 

25 Act of 1992 (Public Law 102–567; 15 U.S.C. 1511d). 


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1 SEC. 1005. DEFINITIONS. 

2 In this title, the following definitions apply: 

3 (1) ADAPTIVE MANAGEMENT.—The term 

4 ‘‘adaptive management’’ means a type of natural re5 source management in which project and program 

6 decisions are made as part of an ongoing science7 based process. Adaptive management involves test8 ing, monitoring, and evaluating applied strategies 

9 and incorporating new knowledge into programs and 

10 restoration activities that are based on scientific 

11 findings and the needs of society. Results are used 

12 to modify management policy, strategies, practices, 

13 programs, and restoration activities. 

14 (2) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Environ16 mental Protection Agency. 

17 (3) CHESAPEAKE BAY STATE.—The term 

18 ‘‘Chesapeake Bay State’’ or ‘‘State’’ means the 

19 States of Maryland, West Virginia, Delaware, and 

20 New York, the Commonwealths of Virginia and 

21 Pennsylvania, and the District of Columbia. 

22 (4) CHESAPEAKE BAY WATERSHED.—The term 

23 ‘‘Chesapeake Bay watershed’’ means the Chesapeake 

24 Bay and the geographic area, as determined by the 

25 Secretary of the Interior, consisting of 36 tributary 


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1 basins, within the Chesapeake Bay States, through 

2 which precipitation drains into the Chesapeake Bay. 

3 (5) CHIEF EXECUTIVE.—The term ‘‘chief exec4 utive’’ means, in the case of a State or Common5 wealth, the Governor of each such State or Common6 wealth and, in the case of the District of Columbia, 

7 the Mayor of the District of Columbia. 

8 (6) DIRECTOR.—The term ‘‘Director’’ means 

9 the Director of the Office of Management and Budg10 et. 

11 (7) STATE RESTORATION ACTIVITIES.—The 

12 term ‘‘State restoration activities’’ means any State 

13 programs or projects carried out under State author14 ity that directly or indirectly protect, conserve, or re15 store living resources, habitat, water resources, or 

16 water quality in the Chesapeake Bay watershed, in17 cluding programs or projects that promote respon18 sible land use, stewardship, and community engage19 ment in the Chesapeake Bay watershed. Restoration 

20 activities may be categorized as follows: 

21 (A) Physical restoration. 

22 (B) Planning. 

23 (C) Feasibility studies. 

24 (D) Scientific research. 

25 (E) Monitoring. 


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1 (F) Education. 

2 (G) Infrastructure development. 

3 (8) FEDERAL RESTORATION ACTIVITIES.—The 

4 term ‘‘Federal restoration activities’’ means any 

5 Federal programs or projects carried out under ex6 isting Federal authority that directly or indirectly 

7 protect, conserve, or restore living resources, habitat, 

8 water resources, or water quality in the Chesapeake 

9 Bay watershed, including programs or projects that 

10 provide financial and technical assistance to promote 

11 responsible land use, stewardship, and community 

12 engagement in the Chesapeake Bay watershed. Res13 toration activities may be categorized as follows: 

14 (A) Physical restoration. 

15 (B) Planning. 

16 (C) Feasibility studies. 

17 (D) Scientific research. 

18 (E) Monitoring. 

19 (F) Education. 

20 (G) Infrastructure development. 

21 TITLE XI—ALASKA NATIVE 

22 VETERAN ALLOTMENT 

23 SEC. 1101. ALASKA NATIVE VETERAN ALLOTMENT. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) APPLICATION.—The term ‘‘application’’ 

2 means the Alaska Native Veteran Allotment applica3 tion numbered AA–084021–B. 

4 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

5 means the 80 acres of Federal land that is— 

6 (A) described in the application; and 

7 (B) depicted as Lot 2 in U.S. Survey No. 

8 13957, Alaska, that was officially filed on Octo9 ber 9, 2009. 

10 (3) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (b) ISSUANCE OF PATENT.—Notwithstanding section 

13 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 

14 1629g) and subject to subsection (c), the Secretary shall— 

15 (1) approve the application; and 

16 (2) issue a patent for the Federal land to the 

17 person that submitted the application. 

18 (c) TERMS AND CONDITIONS.— 

19 (1) IN GENERAL.—The patent issued under 

20 subsection (b) shall— 

21 (A) only be for the surface rights to the 

22 Federal land; and 

23 (B) be subject to the terms and conditions 

24 of any certificate issued under section 41 of the 

25 Alaska Native Claims Settlement Act (43 


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1 U.S.C. 1629g), including terms and conditions 

2 providing that— 

3 (i) the patent is subject to valid exist4 ing rights, including any right of the 

5 United States to income derived, directly 

6 or indirectly, from a lease, license, permit, 

7 right-of-way, or easement on the Federal 

8 land; and 

9 (ii) the United States shall reserve an 

10 interest in deposits of oil, gas, and coal on 

11 the Federal land, including the right to ex12 plore, mine, and remove the minerals on 

13 portions of the Federal land that the Sec14 retary determines to be prospectively valu15 able for development. 

16 (2) ADDITIONAL TERMS AND CONDITIONS.— 

17 The Secretary may require any additional terms and 

18 conditions for the issuance of the patent under sub19 section (a) that the Secretary determines to be 


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1 appropriate to protect the interests of the United 

2 States. 

Passed the House of Representatives February 6, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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