In the Senate of the United States, 

March 19, 2009. 

Resolved, That the bill from the House of Representatives (H.R. 146) entitled ‘‘An Act to establish a battlefield 

acquisition grant program for the acquisition and protection 

of nationally significant battlefields and associated sites of 

the Revolutionary War and the War of 1812, and for other 

purposes.’’, do pass with the following 

AMENDMENTS: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Om3 nibus Public Land Management Act of 2009’’. 

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

5 Act is as follows: 

Sec. 1. Short title; table of contents. 
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† HR 146 EAS 

TITLE I—ADDITIONS TO THE NATIONAL WILDERNESS 

PRESERVATION SYSTEM 

Subtitle A—Wild Monongahela Wilderness 

Sec. 1001. Designation of wilderness, Monongahela National Forest, West Virginia. 

Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness, Monongahela 

National Forest. 

Sec. 1003. Monongahela National Forest boundary confirmation. 

Sec. 1004. Enhanced Trail Opportunities. 

Subtitle B—Virginia Ridge and Valley Wilderness 

Sec. 1101. Definitions. 

Sec. 1102. Designation of additional National Forest System land in Jefferson 

National Forest as wilderness or a wilderness study area. 

Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area, Jefferson 

National Forest, Virginia. 

Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia. 

Sec. 1105. Trail plan and development. 

Sec. 1106. Maps and boundary descriptions. 

Sec. 1107. Effective date. 

Subtitle C—Mt. Hood Wilderness, Oregon 

Sec. 1201. Definitions. 

Sec. 1202. Designation of wilderness areas. 

Sec. 1203. Designation of streams for wild and scenic river protection in the 

Mount Hood area. 

Sec. 1204. Mount Hood National Recreation Area. 

Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek. 

Sec. 1206. Land exchanges. 

Sec. 1207. Tribal provisions; planning and studies. 

Subtitle D—Copper Salmon Wilderness, Oregon 

Sec. 1301. Designation of the Copper Salmon Wilderness. 

Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon. 

Sec. 1303. Protection of tribal rights. 

Subtitle E—Cascade-Siskiyou National Monument, Oregon 

Sec. 1401. Definitions. 

Sec. 1402. Voluntary grazing lease donation program. 

Sec. 1403. Box R Ranch land exchange. 

Sec. 1404. Deerfield land exchange. 

Sec. 1405. Soda Mountain Wilderness. 

Sec. 1406. Effect. 

Subtitle F—Owyhee Public Land Management 

Sec. 1501. Definitions. 

Sec. 1502. Owyhee Science Review and Conservation Center. 

Sec. 1503. Wilderness areas. 

Sec. 1504. Designation of wild and scenic rivers. 

Sec. 1505. Land identified for disposal. 
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† HR 146 EAS 

Sec. 1506. Tribal cultural resources. 

Sec. 1507. Recreational travel management plans. 

Sec. 1508. Authorization of appropriations. 

Subtitle G—Sabinoso Wilderness, New Mexico 

Sec. 1601. Definitions. 

Sec. 1602. Designation of the Sabinoso Wilderness. 

Subtitle H—Pictured Rocks National Lakeshore Wilderness 

Sec. 1651. Definitions. 

Sec. 1652. Designation of Beaver Basin Wilderness. 

Sec. 1653. Administration. 

Sec. 1654. Effect. 

Subtitle I—Oregon Badlands Wilderness 

Sec. 1701. Definitions. 

Sec. 1702. Oregon Badlands Wilderness. 

Sec. 1703. Release. 

Sec. 1704. Land exchanges. 

Sec. 1705. Protection of tribal treaty rights. 

Subtitle J—Spring Basin Wilderness, Oregon 

Sec. 1751. Definitions. 

Sec. 1752. Spring Basin Wilderness. 

Sec. 1753. Release. 

Sec. 1754. Land exchanges. 

Sec. 1755. Protection of tribal treaty rights. 

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

Sec. 1801. Definitions. 

Sec. 1802. Designation of wilderness areas. 

Sec. 1803. Administration of wilderness areas. 

Sec. 1804. Release of wilderness study areas. 

Sec. 1805. Designation of wild and scenic rivers. 

Sec. 1806. Bridgeport Winter Recreation Area. 

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

Sec. 1808. Ancient Bristlecone Pine Forest. 

Subtitle L—Riverside County Wilderness, California 

Sec. 1851. Wilderness designation. 

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

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

Mountains National Monument. 

Subtitle M—Sequoia and Kings Canyon National Parks Wilderness, California 

Sec. 1901. Definitions. 

Sec. 1902. Designation of wilderness areas. 

Sec. 1903. Administration of wilderness areas. 

Sec. 1904. Authorization of appropriations. 
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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 

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. 
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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. 

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. 
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Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study. 

TITLE IV—FOREST LANDSCAPE RESTORATION 

Sec. 4001. Purpose. 

Sec. 4002. Definitions. 

Sec. 4003. Collaborative Forest Landscape Restoration Program. 

Sec. 4004. Authorization of appropriations. 

TITLE V—RIVERS AND TRAILS 

Subtitle A—Additions to the National Wild and Scenic Rivers System 

Sec. 5001. Fossil Creek, Arizona. 

Sec. 5002. Snake River Headwaters, Wyoming. 

Sec. 5003. Taunton River, Massachusetts. 

Subtitle B—Wild and Scenic Rivers Studies 

Sec. 5101. Missisquoi and Trout Rivers Study. 

Subtitle C—Additions to the National Trails System 

Sec. 5201. Arizona National Scenic Trail. 

Sec. 5202. New England National Scenic Trail. 

Sec. 5203. Ice Age Floods National Geologic Trail. 

Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic 

Trail. 

Sec. 5205. Pacific Northwest National Scenic Trail. 

Sec. 5206. Trail of Tears National Historic Trail. 

Subtitle D—National Trail System Amendments 

Sec. 5301. National Trails System willing seller authority. 

Sec. 5302. Revision of feasibility and suitability studies of existing national historic trails. 

Sec. 5303. Chisholm Trail and Great Western Trails Studies. 

Subtitle E—Effect of Title 

Sec. 5401. Effect. 

TITLE VI—DEPARTMENT OF THE INTERIOR AUTHORIZATIONS 

Subtitle A—Cooperative Watershed Management Program 

Sec. 6001. Definitions. 

Sec. 6002. Program. 

Sec. 6003. Effect of subtitle. 

Subtitle B—Competitive Status for Federal Employees in Alaska 

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

Subtitle C—Wolf Livestock Loss Demonstration Project 

Sec. 6201. Definitions. 

Sec. 6202. Wolf compensation and prevention program. 

Sec. 6203. Authorization of appropriations. 
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Subtitle D—Paleontological Resources Preservation 

Sec. 6301. Definitions. 

Sec. 6302. Management. 

Sec. 6303. Public awareness and education program. 

Sec. 6304. Collection of paleontological resources. 

Sec. 6305. Curation of resources. 

Sec. 6306. Prohibited acts; criminal penalties. 

Sec. 6307. Civil penalties. 

Sec. 6308. Rewards and forfeiture. 

Sec. 6309. Confidentiality. 

Sec. 6310. Regulations. 

Sec. 6311. Savings provisions. 

Sec. 6312. Authorization of appropriations. 

Subtitle E—Izembek National Wildlife Refuge Land Exchange 

Sec. 6401. Definitions. 

Sec. 6402. Land exchange. 

Sec. 6403. King Cove Road. 

Sec. 6404. Administration of conveyed lands. 

Sec. 6405. Failure to begin road construction. 

Sec. 6406. Expiration of legislative authority. 

TITLE VII—NATIONAL PARK SERVICE AUTHORIZATIONS 

Subtitle A—Additions to the National Park System 

Sec. 7001. Paterson Great Falls National Historical Park, New Jersey. 

Sec. 7002. William Jefferson Clinton Birthplace Home National Historic Site. 

Sec. 7003. River Raisin National Battlefield Park. 

Subtitle B—Amendments to Existing Units of the National Park System 

Sec. 7101. Funding for Keweenaw National Historical Park. 

Sec. 7102. Location of visitor and administrative facilities for Weir Farm National Historic Site. 

Sec. 7103. Little River Canyon National Preserve boundary expansion. 

Sec. 7104. Hopewell Culture National Historical Park boundary expansion. 

Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary adjustment. 

Sec. 7106. Minute Man National Historical Park. 

Sec. 7107. Everglades National Park. 

Sec. 7108. Kalaupapa National Historical Park. 

Sec. 7109. Boston Harbor Islands National Recreation Area. 

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

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

Sec. 7112. Martin Van Buren National Historic Site. 

Sec. 7113. Palo Alto Battlefield National Historical Park. 

Sec. 7114. Abraham Lincoln Birthplace National Historical Park. 

Sec. 7115. New River Gorge National River. 

Sec. 7116. Technical corrections. 

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

Sec. 7118. Fort Davis National Historic Site. 
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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. Concessions Management Advisory Board. 

Sec. 7404. St. Augustine 450th Commemoration Commission. 

TITLE VIII—NATIONAL HERITAGE AREAS 

Subtitle A—Designation of National Heritage Areas 

Sec. 8001. Sangre de Cristo National Heritage Area, Colorado. 

Sec. 8002. Cache La Poudre River National Heritage Area, Colorado. 

Sec. 8003. South Park National Heritage Area, Colorado. 

Sec. 8004. Northern Plains National Heritage Area, North Dakota. 

Sec. 8005. Baltimore National Heritage Area, Maryland. 

Sec. 8006. Freedom’s Way National Heritage Area, Massachusetts and New 

Hampshire. 

Sec. 8007. Mississippi Hills National Heritage Area. 

Sec. 8008. Mississippi Delta National Heritage Area. 

Sec. 8009. Muscle Shoals National Heritage Area, Alabama. 

Sec. 8010. Kenai Mountains-Turnagain Arm National Heritage Area, Alaska. 

Subtitle B—Studies 

Sec. 8101. Chattahoochee Trace, Alabama and Georgia. 

Sec. 8102. Northern Neck, Virginia. 

Subtitle C—Amendments Relating to National Heritage Corridors 

Sec. 8201. Quinebaug and Shetucket Rivers Valley National Heritage Corridor. 

Sec. 8202. Delaware And Lehigh National Heritage Corridor. 

Sec. 8203. Erie Canalway National Heritage Corridor. 

Sec. 8204. John H. Chafee Blackstone River Valley National Heritage Corridor. 
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Subtitle D—Effect of Title 

Sec. 8301. Effect on access for recreational activities. 

TITLE IX—BUREAU OF RECLAMATION AUTHORIZATIONS 

Subtitle A—Feasibility Studies 

Sec. 9001. Snake, Boise, and Payette River systems, Idaho. 

Sec. 9002. Sierra Vista Subwatershed, Arizona. 

Sec. 9003. San Diego Intertie, California. 

Subtitle B—Project Authorizations 

Sec. 9101. Tumalo Irrigation District Water Conservation Project, Oregon. 

Sec. 9102. Madera Water Supply Enhancement Project, California. 

Sec. 9103. Eastern New Mexico Rural Water System project, New Mexico. 

Sec. 9104. Rancho California Water District project, California. 

Sec. 9105. Jackson Gulch Rehabilitation Project, Colorado. 

Sec. 9106. Rio Grande Pueblos, New Mexico. 

Sec. 9107. Upper Colorado River endangered fish programs. 

Sec. 9108. Santa Margarita River, California. 

Sec. 9109. Elsinore Valley Municipal Water District. 

Sec. 9110. North Bay Water Reuse Authority. 

Sec. 9111. Prado Basin Natural Treatment System Project, California. 

Sec. 9112. Bunker Hill Groundwater Basin, California. 

Sec. 9113. GREAT Project, California. 

Sec. 9114. Yucaipa Valley Water District, California. 

Sec. 9115. Arkansas Valley Conduit, Colorado. 

Subtitle C—Title Transfers and Clarifications 

Sec. 9201. Transfer of McGee Creek pipeline and facilities. 

Sec. 9202. Albuquerque Biological Park, New Mexico, title clarification. 

Sec. 9203. Goleta Water District Water Distribution System, California. 

Subtitle D—San Gabriel Basin Restoration Fund 

Sec. 9301. Restoration Fund. 

Subtitle E—Lower Colorado River Multi-Species Conservation Program 

Sec. 9401. Definitions. 

Sec. 9402. Implementation and water accounting. 

Sec. 9403. Enforceability of program documents. 

Sec. 9404. Authorization of appropriations. 

Subtitle F—Secure Water 

Sec. 9501. Findings. 

Sec. 9502. Definitions. 

Sec. 9503. Reclamation climate change and water program. 

Sec. 9504. Water management improvement. 

Sec. 9505. Hydroelectric power assessment. 

Sec. 9506. Climate change and water intragovernmental panel. 

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

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

Sec. 9509. Research agreement authority. 
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Sec. 9510. Effect. 

Subtitle G—Aging Infrastructure 

Sec. 9601 Definitions. 

Sec. 9602. Guidelines and inspection of project facilities and technical assistance 

to transferred works operating entities. 

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

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

Sec. 9605. Authorization of appropriations. 

TITLE X—WATER SETTLEMENTS 

Subtitle A—San Joaquin River Restoration Settlement 

PART I—SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT

Sec. 10001. Short title. 

Sec. 10002. Purpose. 

Sec. 10003. Definitions. 

Sec. 10004. Implementation of settlement. 

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

Sec. 10006. Compliance with applicable law. 

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

Sec. 10008. No private right of action. 

Sec. 10009. Appropriations; Settlement Fund. 

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

costs. 

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

PART II—STUDY TO DEVELOP WATER PLAN; REPORT

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

PART III—FRIANT DIVISION IMPROVEMENTS

Sec. 10201. Federal facility improvements. 

Sec. 10202. Financial assistance for local projects. 

Sec. 10203. Authorization of appropriations. 

Subtitle B—Northwestern New Mexico Rural Water Projects 

Sec. 10301. Short title. 

Sec. 10302. Definitions. 

Sec. 10303. Compliance with environmental laws. 

Sec. 10304. No reallocation of costs. 

Sec. 10305. Interest rate. 

PART I—AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT

AND PUBLIC LAW 87–483 

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

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

Sec. 10403. Effect on Federal water law. 

PART II—RECLAMATION WATER SETTLEMENTS FUND

Sec. 10501. Reclamation Water Settlements Fund. 
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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. 

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. 
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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. 

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. 
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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 

11 the State of West Virginia are designated as wilderness and 

12 as either a new component of the National Wilderness Pres13 ervation System or as an addition to an existing component 

14 of the National Wilderness Preservation System: 
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1 (1) Certain Federal land comprising approxi2 mately 5,144 acres, as generally depicted on the map 

3 entitled ‘‘Big Draft Proposed Wilderness’’ and dated 

4 March 11, 2008, which shall be known as the ‘‘Big 

5 Draft Wilderness’’. 

6 (2) Certain Federal land comprising approxi7 mately 11,951 acres, as generally depicted on the map 

8 entitled ‘‘Cranberry Expansion Proposed Wilderness’’ 

9 and dated March 11, 2008, which shall be added to 

10 and administered as part of the Cranberry Wilderness 

11 designated by section 1(1) of Public Law 97–466 (96 

12 Stat. 2538). 

13 (3) Certain Federal land comprising approxi14 mately 7,156 acres, as generally depicted on the map 

15 entitled ‘‘Dolly Sods Expansion Proposed Wilderness’’ 

16 and dated March 11, 2008, which shall be added to 

17 and administered as part of the Dolly Sods Wilder18 ness designated by section 3(a)(13) of Public Law 93– 

19 622 (88 Stat. 2098). 

20 (4) Certain Federal land comprising approxi21 mately 698 acres, as generally depicted on the map 

22 entitled ‘‘Otter Creek Expansion Proposed Wilder23 ness’’ and dated March 11, 2008, which shall be 

24 added to and administered as part of the Otter Creek 
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1 Wilderness designated by section 3(a)(14) of Public 

2 Law 93–622 (88 Stat. 2098). 

3 (5) Certain Federal land comprising approxi4 mately 6,792 acres, as generally depicted on the map 

5 entitled ‘‘Roaring Plains Proposed Wilderness’’ and 

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

7 ‘‘Roaring Plains West Wilderness’’. 

8 (6) Certain Federal land comprising approxi9 mately 6,030 acres, as generally depicted on the map 

10 entitled ‘‘Spice Run Proposed Wilderness’’ and dated 

11 March 11, 2008, which shall be known as the ‘‘Spice 

12 Run Wilderness’’. 

13 (b) MAPS AND LEGAL DESCRIPTION.— 

14 (1) FILING AND AVAILABILITY.—As soon as prac15 ticable after the date of the enactment of this Act, the 

16 Secretary of Agriculture, acting through the Chief of 

17 the Forest Service, shall file with the Committee on 

18 Natural Resources of the House of Representatives 

19 and the Committee on Energy and Natural Resources 

20 of the Senate a map and legal description of each wil21 derness area designated or expanded by subsection 

22 (a). The maps and legal descriptions shall be on file 

23 and available for public inspection in the office of the 

24 Chief of the Forest Service and the office of the Super25 visor of the Monongahela National Forest. 
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1 (2) FORCE AND EFFECT.—The maps and legal 

2 descriptions referred to in this subsection shall have 

3 the same force and effect as if included in this sub4 title, except that the Secretary may correct errors in 

5 the maps and descriptions. 

6 (c) ADMINISTRATION.—Subject to valid existing rights, 

7 the Federal lands designated as wilderness by subsection (a) 

8 shall be administered by the Secretary in accordance with 

9 the Wilderness Act (16 U.S.C. 1131 et seq.). The Secretary 

10 may continue to authorize the competitive running event 

11 permitted from 2003 through 2007 in the vicinity of the 

12 boundaries of the Dolly Sods Wilderness addition des13 ignated by paragraph (3) of subsection (a) and the Roaring 

14 Plains West Wilderness Area designated by paragraph (5) 

15 of such subsection, in a manner compatible with the preser16 vation of such areas as wilderness. 

17 (d) EFFECTIVE DATE OF WILDERNESS ACT.—With re18 spect to the Federal lands designated as wilderness by sub19 section (a), any reference in the Wilderness Act (16 U.S.C. 

20 1131 et seq.) to the effective date of the Wilderness Act shall 

21 be deemed to be a reference to the date of the enactment 

22 of this Act. 

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

24 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), noth25 ing in this section affects the jurisdiction or responsibility 
17 

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1 of the State of West Virginia with respect to wildlife and 

2 fish. 

3 SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH 

4 WILDERNESS, MONONGAHELA NATIONAL 

5 FOREST. 

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

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

8 of Public Law 97–466 (96 Stat. 2538) is modified to exclude 

9 two parcels of land, as generally depicted on the map enti10 tled ‘‘Monongahela National Forest Laurel Fork South Wil11 derness Boundary Modification’’ and dated March 11, 

12 2008, and more particularly described according to the site13 specific maps and legal descriptions on file in the office of 

14 the Forest Supervisor, Monongahela National Forest. The 

15 general map shall be on file and available for public inspec16 tion in the Office of the Chief of the Forest Service. 

17 (b) MANAGEMENT.—Federally owned land delineated 

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

19 South Wilderness, as modified by such subsection, shall con20 tinue to be administered by the Secretary of Agriculture 

21 in accordance with the Wilderness Act (16 U.S.C. 1131 et 

22 seq.). 
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1 SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY 

2 CONFIRMATION. 

3 (a) IN GENERAL.—The boundary of the Monongahela 

4 National Forest is confirmed to include the tracts of land 

5 as generally depicted on the map entitled ‘‘Monongahela 

6 National Forest Boundary Confirmation’’ and dated March 

7 13, 2008, and all Federal lands under the jurisdiction of 

8 the Secretary of Agriculture, acting through the Chief of the 

9 Forest Service, encompassed within such boundary shall be 

10 managed under the laws and regulations pertaining to the 

11 National Forest System. 

12 (b) LAND AND WATER CONSERVATION FUND.—For the 

13 purposes of section 7 of the Land and Water Conservation 

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

15 the Monongahela National Forest, as confirmed by sub16 section (a), shall be considered to be the boundaries of the 

17 Monongahela National Forest as of January 1, 1965. 

18 SEC. 1004. ENHANCED TRAIL OPPORTUNITIES. 

19 (a) PLAN.— 

20 (1) IN GENERAL.—The Secretary of Agriculture, 

21 in consultation with interested parties, shall develop 

22 a plan to provide for enhanced nonmotorized recre23 ation trail opportunities on lands not designated as 

24 wilderness within the Monongahela National Forest. 

25 (2) NONMOTORIZED RECREATION TRAIL DE26 FINED.—For the purposes of this subsection, the term 
19 

† HR 146 EAS 

1 ‘‘nonmotorized recreation trail’’ means a trail de2 signed for hiking, bicycling, and equestrian use. 

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

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

5 shall submit to Congress a report on the implementation 

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

7 identification of priority trails for development. 

8 (c) CONSIDERATION OF CONVERSION OF FOREST

9 ROADS TO RECREATIONAL USES.—In considering possible 

10 closure and decommissioning of a Forest Service road with11 in the Monongahela National Forest after the date of the 

12 enactment of this Act, the Secretary of Agriculture, in ac13 cordance with applicable law, may consider converting the 

14 road to nonmotorized uses to enhance recreational opportu15 nities within the Monongahela National Forest. 

16 Subtitle B—Virginia Ridge and 

17 Valley Wilderness 

18 SEC. 1101. DEFINITIONS. 

19 In this subtitle: 

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

21 means the Seng Mountain National Scenic Area and 

22 the Bear Creek National Scenic Area. 

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

24 the Secretary of Agriculture. 
20 

† HR 146 EAS 

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

3 FOREST AS WILDERNESS OR A WILDERNESS 

4 STUDY AREA. 

5 (a) DESIGNATION OF WILDERNESS.—Section 1 of Pub6 lic Law 100–326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 

7 Stat. 2057), is amended— 

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

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

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

11 and inserting ‘‘Certain’’; 

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

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

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

16 inserting a period; and 

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

18 ‘‘(9) Certain land in the Jefferson National For19 est comprising approximately 3,743 acres, as gen20 erally depicted on the map entitled ‘Brush Mountain 

21 and Brush Mountain East’ and dated May 5, 2008, 

22 which shall be known as the ‘Brush Mountain East 

23 Wilderness’. 

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

25 Forest comprising approximately 4,794 acres, as gen26 erally depicted on the map entitled ‘Brush Mountain 
21 

† HR 146 EAS 

1 and Brush Mountain East’ and dated May 5, 2008, 

2 which shall be known as the ‘Brush Mountain Wilder3 ness’. 

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

5 Forest comprising approximately 4,223 acres, as gen6 erally depicted on the map entitled ‘Seng Mountain 

7 and Raccoon Branch’ and dated April 28, 2008, 

8 which shall be known as the ‘Raccoon Branch Wilder9 ness’. 

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

11 Forest comprising approximately 3,270 acres, as gen12 erally depicted on the map entitled ‘Stone Mountain’ 

13 and dated April 28, 2008, which shall be known as 

14 the ‘Stone Mountain Wilderness’. 

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

16 Forest comprising approximately 8,470 acres, as gen17 erally depicted on the map entitled ‘Garden Mountain 

18 and Hunting Camp Creek’ and dated April 28, 2008, 

19 which shall be known as the ‘Hunting Camp Creek 

20 Wilderness’. 

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

22 Forest comprising approximately 3,291 acres, as gen23 erally depicted on the map entitled ‘Garden Mountain 

24 and Hunting Camp Creek’ and dated April 28, 2008, 
22 

† HR 146 EAS 

1 which shall be known as the ‘Garden Mountain Wil2 derness’. 

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

4 Forest comprising approximately 5,476 acres, as gen5 erally depicted on the map entitled ‘Mountain Lake 

6 Additions’ and dated April 28, 2008, which is incor7 porated in the Mountain Lake Wilderness designated 

8 by section 2(6) of the Virginia Wilderness Act of 1984 

9 (16 U.S.C. 1132 note; Public Law 98–586). 

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

11 Forest comprising approximately 308 acres, as gen12 erally depicted on the map entitled ‘Lewis Fork Addi13 tion and Little Wilson Creek Additions’ and dated 

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

15 Fork Wilderness designated by section 2(3) of the Vir16 ginia Wilderness Act of 1984 (16 U.S.C. 1132 note; 

17 Public Law 98–586). 

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

19 Forest comprising approximately 1,845 acres, as gen20 erally depicted on the map entitled ‘Lewis Fork Addi21 tion and Little Wilson Creek Additions’ and dated 

22 April 28, 2008, which is incorporated in the Little 

23 Wilson Creek Wilderness designated by section 2(5) of 

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

25 note; Public Law 98–586). 
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† HR 146 EAS 

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

2 Forest comprising approximately 2,219 acres, as gen3 erally depicted on the map entitled ‘Shawvers Run 

4 Additions’ and dated April 28, 2008, which is incor5 porated in the Shawvers Run Wilderness designated 

6 by paragraph (4). 

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

8 Forest comprising approximately 1,203 acres, as gen9 erally depicted on the map entitled ‘Peters Mountain 

10 Addition’ and dated April 28, 2008, which is incor11 porated in the Peters Mountain Wilderness designated 

12 by section 2(7) of the Virginia Wilderness Act of 1984 

13 (16 U.S.C. 1132 note; Public Law 98–586). 

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

15 Forest comprising approximately 263 acres, as gen16 erally depicted on the map entitled ‘Kimberling Creek 

17 Additions and Potential Wilderness Area’ and dated 

18 April 28, 2008, which is incorporated in the 

19 Kimberling Creek Wilderness designated by section 

20 2(2) of the Virginia Wilderness Act of 1984 (16 

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

22 (b) DESIGNATION OF WILDERNESS STUDY AREA.—The 

23 Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Pub24 lic Law 98–586) is amended— 
24 

† HR 146 EAS 

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

2 ‘‘cited’’; and 

3 (2) in section 6(a)— 

4 (A) by striking ‘‘certain’’ each place it ap5 pears and inserting ‘‘Certain’’; 

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

7 striking the semicolon at the end and inserting 

8 a period; 

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

10 and inserting a period; and 

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

12 ‘‘(5) Certain land in the Jefferson National For13 est comprising approximately 3,226 acres, as gen14 erally depicted on the map entitled ‘Lynn Camp 

15 Creek Wilderness Study Area’ and dated April 28, 

16 2008, which shall be known as the ‘Lynn Camp Creek 

17 Wilderness Study Area’.’’. 

18 SEC. 1103. DESIGNATION OF KIMBERLING CREEK POTEN19 TIAL WILDERNESS AREA, JEFFERSON NA20 TIONAL FOREST, VIRGINIA. 

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

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

23 in the Jefferson National Forest comprising approximately 

24 349 acres, as generally depicted on the map entitled 

25 ‘‘Kimberling Creek Additions and Potential Wilderness 
25 

† HR 146 EAS 

1 Area’’ and dated April 28, 2008, is designated as a poten2 tial wilderness area for incorporation in the Kimberling 

3 Creek Wilderness designated by section 2(2) of the Virginia 

4 Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 

5 98–586). 

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

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

8 manage the potential wilderness area in accordance with 

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

10 (c) ECOLOGICAL RESTORATION.— 

11 (1) IN GENERAL.—For purposes of ecological res12 toration (including the elimination of nonnative spe13 cies, removal of illegal, unused, or decommissioned 

14 roads, and any other activity necessary to restore the 

15 natural ecosystems in the potential wilderness area), 

16 the Secretary may use motorized equipment and 

17 mechanized transport in the potential wilderness area 

18 until the date on which the potential wilderness area 

19 is incorporated into the Kimberling Creek Wilderness. 

20 (2) LIMITATION.—To the maximum extent prac21 ticable, the Secretary shall use the minimum tool or 

22 administrative practice necessary to accomplish eco23 logical restoration with the least amount of adverse 

24 impact on wilderness character and resources. 
26 

† HR 146 EAS 

1 (d) WILDERNESS DESIGNATION.—The potential wil2 derness area shall be designated as wilderness and incor3 porated in the Kimberling Creek Wilderness on the earlier 

4 of— 

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

6 the Federal Register notice that the conditions in the 

7 potential wilderness area that are incompatible with 

8 the Wilderness Act (16 U.S.C. 1131 et seq.) have been 

9 removed; or 

10 (2) the date that is 5 years after the date of en11 actment of this Act. 

12 SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC 

13 AREAS, JEFFERSON NATIONAL FOREST, VIR14 GINIA. 

15 (a) ESTABLISHMENT.—There are designated as Na16 tional Scenic Areas— 

17 (1) certain National Forest System land in the 

18 Jefferson National Forest, comprising approximately 

19 5,192 acres, as generally depicted on the map entitled 

20 ‘‘Seng Mountain and Raccoon Branch’’ and dated 

21 April 28, 2008, which shall be known as the ‘‘Seng 

22 Mountain National Scenic Area’’; and 

23 (2) certain National Forest System land in the 

24 Jefferson National Forest, comprising approximately 

25 5,128 acres, as generally depicted on the map entitled 
27 

† HR 146 EAS 

1 ‘‘Bear Creek’’ and dated April 28, 2008, which shall 

2 be known as the ‘‘Bear Creek National Scenic Area’’. 

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

4 are— 

5 (1) to ensure the protection and preservation of 

6 scenic quality, water quality, natural characteristics, 

7 and water resources of the scenic areas; 

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

9 wildlife and fish habitat in the scenic areas; 

10 (3) to protect areas in the scenic areas that may 

11 develop characteristics of old-growth forests; and 

12 (4) consistent with paragraphs (1), (2), and (3), 

13 to provide a variety of recreation opportunities in the 

14 scenic areas. 

15 (c) ADMINISTRATION.— 

16 (1) IN GENERAL.—The Secretary shall admin17 ister the scenic areas in accordance with— 

18 (A) this subtitle; and 

19 (B) the laws (including regulations) gen20 erally applicable to the National Forest System. 

21 (2) AUTHORIZED USES.—The Secretary shall 

22 only allow uses of the scenic areas that the Secretary 

23 determines will further the purposes of the scenic 

24 areas, as described in subsection (b). 

25 (d) MANAGEMENT PLAN.— 
28 

† HR 146 EAS 

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

2 the date of enactment of this Act, the Secretary shall 

3 develop as an amendment to the land and resource 

4 management plan for the Jefferson National Forest a 

5 management plan for the scenic areas. 

6 (2) EFFECT.—Nothing in this subsection requires 

7 the Secretary to revise the land and resource manage8 ment plan for the Jefferson National Forest under sec9 tion 6 of the Forest and Rangeland Renewable Re10 sources Planning Act of 1974 (16 U.S.C. 1604). 

11 (e) ROADS.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), after the date of enactment of this Act, no 

14 roads shall be established or constructed within the 

15 scenic areas. 

16 (2) LIMITATION.—Nothing in this subsection de17 nies any owner of private land (or an interest in pri18 vate land) that is located in a scenic area the right 

19 to access the private land. 

20 (f) TIMBER HARVEST.— 

21 (1) IN GENERAL.—Except as provided in para22 graphs (2) and (3), no harvesting of timber shall be 

23 allowed within the scenic areas. 

24 (2) EXCEPTIONS.—The Secretary may authorize 

25 harvesting of timber in the scenic areas if the Sec-
29 

† HR 146 EAS 

1 retary determines that the harvesting is necessary 

2 to— 

3 (A) control fire; 

4 (B) provide for public safety or trail access; 

5 or 

6 (C) control insect and disease outbreaks. 

7 (3) FIREWOOD FOR PERSONAL USE.—Firewood 

8 may be harvested for personal use along perimeter 

9 roads in the scenic areas, subject to any conditions 

10 that the Secretary may impose. 

11 (g) INSECT AND DISEASE OUTBREAKS.—The Sec12 retary may control insect and disease outbreaks— 

13 (1) to maintain scenic quality; 

14 (2) to prevent tree mortality; 

15 (3) to reduce hazards to visitors; or 

16 (4) to protect private land. 

17 (h) VEGETATION MANAGEMENT.—The Secretary may 

18 engage in vegetation manipulation practices in the scenic 

19 areas to maintain the visual quality and wildlife clearings 

20 in existence on the date of enactment of this Act. 

21 (i) MOTORIZED VEHICLES.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), motorized vehicles shall not be allowed 

24 within the scenic areas. 
30 

† HR 146 EAS 

1 (2) EXCEPTIONS.—The Secretary may authorize 

2 the use of motorized vehicles— 

3 (A) to carry out administrative activities 

4 that further the purposes of the scenic areas, as 

5 described in subsection (b); 

6 (B) to assist wildlife management projects 

7 in existence on the date of enactment of this Act; 

8 and 

9 (C) during deer and bear hunting seasons— 

10 (i) on Forest Development Roads 

11 49410 and 84b; and 

12 (ii) on the portion of Forest Develop13 ment Road 6261 designated on the map de14 scribed in subsection (a)(2) as ‘‘open season15 ally’’. 

16 (j) WILDFIRE SUPPRESSION.—Wildfire suppression 

17 within the scenic areas shall be conducted— 

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

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

20 (2) using such means as the Secretary deter21 mines to be appropriate. 

22 (k) WATER.—The Secretary shall administer the scenic 

23 areas in a manner that maintains and enhances water 

24 quality. 
31 

† HR 146 EAS 

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

2 Federal land in the scenic areas is withdrawn from— 

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

4 laws; and 

5 (2) operation of the mineral leasing and geo6 thermal leasing laws. 

7 SEC. 1105. TRAIL PLAN AND DEVELOPMENT. 

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

9 interested parties, shall establish a trail plan to develop— 

10 (1) in a manner consistent with the Wilderness 

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

12 trails in the wilderness areas designated by para13 graphs (9) through (20) of section 1 of Public Law 

14 100–326 (16 U.S.C. 1132 note) (as added by section 

15 1102(a)(5)); and 

16 (2) nonmotorized recreation trails in the scenic 

17 areas. 

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

19 years after the date of enactment of this Act, the Secretary 

20 shall submit to Congress a report that describes the imple21 mentation of the trail plan, including the identification of 

22 priority trails for development. 

23 (c) SUSTAINABLE TRAIL REQUIRED.—The Secretary 

24 shall develop a sustainable trail, using a contour curvi25 linear alignment, to provide for nonmotorized travel along 
32 

† HR 146 EAS 

1 the southern boundary of the Raccoon Branch Wilderness 

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

3 U.S.C. 1132 note) (as added by section 1102(a)(5)) con4 necting to Forest Development Road 49352 in Smyth Coun5 ty, Virginia. 

6 SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS. 

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

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

9 the Committee on Energy and Natural Resources of the Sen10 ate and the Committee on Natural Resources and the Com11 mittee on Agriculture of the House of Representatives maps 

12 and boundary descriptions of— 

13 (1) the scenic areas; 

14 (2) the wilderness areas designated by para15 graphs (9) through (20) of section 1 of Public Law 

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

17 1102(a)(5)); 

18 (3) the wilderness study area designated by sec19 tion 6(a)(5) of the Virginia Wilderness Act of 1984 

20 (16 U.S.C. 1132 note; Public Law 98–586) (as added 

21 by section 1102(b)(2)(D)); and 

22 (4) the potential wilderness area designated by 

23 section 1103(a). 

24 (b) FORCE AND EFFECT.—The maps and boundary de25 scriptions filed under subsection (a) shall have the same 
33 

† HR 146 EAS 

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

2 the Secretary may correct any minor errors in the maps 

3 and boundary descriptions. 

4 (c) AVAILABILITY OF MAP AND BOUNDARY DESCRIP5 TION.—The maps and boundary descriptions filed under 

6 subsection (a) shall be on file and available for public in7 spection in the Office of the Chief of the Forest Service. 

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

9 map filed under subsection (a) and the acreage of the appli10 cable areas specified in this subtitle, the map shall control. 

11 SEC. 1107. EFFECTIVE DATE. 

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

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

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

15 purposes of administering— 

16 (1) the wilderness areas designated by para17 graphs (9) through (20) of section 1 of Public Law 

18 100–326 (16 U.S.C. 1132 note) (as added by section 

19 1102(a)(5)); and 

20 (2) the potential wilderness area designated by 

21 section 1103(a). 

22 Subtitle C—Mt. Hood Wilderness, 

23 Oregon 

24 SEC. 1201. DEFINITIONS. 

25 In this subtitle: 
34 

† HR 146 EAS 

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

2 the Secretary of Agriculture. 

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

4 of Oregon. 

5 SEC. 1202. DESIGNATION OF WILDERNESS AREAS. 

6 (a) DESIGNATION OF LEWIS AND CLARK MOUNT HOOD

7 WILDERNESS AREAS.—In accordance with the Wilderness 

8 Act (16 U.S.C. 1131 et seq.), the following areas in the State 

9 of Oregon are designated as wilderness areas and as compo10 nents of the National Wilderness Preservation System: 

11 (1) BADGER CREEK WILDERNESS ADDITIONS.— 

12 Certain Federal land managed by the Forest Service, 

13 comprising approximately 4,140 acres, as generally 

14 depicted on the maps entitled ‘‘Badger Creek Wilder15 ness—Badger Creek Additions’’ and ‘‘Badger Creek 

16 Wilderness—Bonney Butte’’, dated July 16, 2007, 

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

18 of, the Badger Creek Wilderness, as designated by sec19 tion 3(3) of the Oregon Wilderness Act of 1984 (16 

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

21 (2) BULL OF THE WOODS WILDERNESS ADDI22 TION.—Certain Federal land managed by the Forest 

23 Service, comprising approximately 10,180 acres, as 

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

25 Woods Wilderness—Bull of the Woods Additions’’, 
35 

† HR 146 EAS 

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

2 considered to be a part of, the Bull of the Woods Wil3 derness, as designated by section 3(4) of the Oregon 

4 Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 

5 273). 

6 (3) CLACKAMAS WILDERNESS.—Certain Federal 

7 land managed by the Forest Service, comprising ap8 proximately 9,470 acres, as generally depicted on the 

9 maps entitled ‘‘Clackamas Wilderness—Big Bottom’’, 

10 ‘‘Clackamas Wilderness—Clackamas Canyon’’, 

11 ‘‘Clackamas Wilderness—Memaloose Lake’’, 

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

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

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

15 ‘‘Clackamas Wilderness’’. 

16 (4) MARK O. HATFIELD WILDERNESS ADDI17 TIONS.—Certain Federal land managed by the Forest 

18 Service, comprising approximately 25,960 acres, as 

19 generally depicted on the maps entitled ‘‘Mark O. 

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

21 Hatfield Wilderness—Larch Mountain’’, dated July 

22 16, 2007, which is incorporated in, and considered to 

23 be a part of, the Mark O. Hatfield Wilderness, as des24 ignated by section 3(1) of the Oregon Wilderness Act 

25 of 1984 (16 U.S.C. 1132 note; 98 Stat. 273). 
36 

† HR 146 EAS 

1 (5) MOUNT HOOD WILDERNESS ADDITIONS.— 

2 Certain Federal land managed by the Forest Service, 

3 comprising approximately 18,450 acres, as generally 

4 depicted on the maps entitled ‘‘Mount Hood Wilder5 ness—Barlow Butte’’, ‘‘Mount Hood Wilderness—Elk 

6 Cove/Mazama’’, ‘‘Richard L. Kohnstamm Memorial 

7 Area’’, ‘‘Mount Hood Wilderness—Sand Canyon’’, 

8 ‘‘Mount Hood Wilderness—Sandy Additions’’, 

9 ‘‘Mount Hood Wilderness—Twin Lakes’’, and ‘‘Mount 

10 Hood Wilderness—White River’’, dated July 16, 

11 2007, and the map entitled ‘‘Mount Hood Wilder12 ness—Cloud Cap’’, dated July 20, 2007, which is in13 corporated in, and considered to be a part of, the 

14 Mount Hood Wilderness, as designated under section 

15 3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and 

16 enlarged by section 3(d) of the Endangered American 

17 Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 

18 43). 

19 (6) ROARING RIVER WILDERNESS.—Certain Fed20 eral land managed by the Forest Service, comprising 

21 approximately 36,550 acres, as generally depicted on 

22 the map entitled ‘‘Roaring River Wilderness—Roar23 ing River Wilderness’’, dated July 16, 2007, which 

24 shall be known as the ‘‘Roaring River Wilderness’’. 
37 

† HR 146 EAS 

1 (7) SALMON-HUCKLEBERRY WILDERNESS ADDI2 TIONS.—Certain Federal land managed by the Forest 

3 Service, comprising approximately 16,620 acres, as 

4 generally depicted on the maps entitled ‘‘Salmon5 Huckleberry Wilderness—Alder Creek Addition’’, 

6 ‘‘Salmon-Huckleberry Wilderness—Eagle Creek Addi7 tion’’, ‘‘Salmon-Huckleberry Wilderness—Hunchback 

8 Mountain’’, ‘‘Salmon-Huckleberry Wilderness—Inch 

9 Creek’’, ‘‘Salmon-Huckleberry Wilderness—Mirror 

10 Lake’’, and ‘‘Salmon-Huckleberry Wilderness—Salm11 on River Meadows’’, dated July 16, 2007, which is 

12 incorporated in, and considered to be a part of, the 

13 Salmon-Huckleberry Wilderness, as designated by sec14 tion 3(2) of the Oregon Wilderness Act of 1984 (16 

15 U.S.C. 1132 note; 98 Stat. 273). 

16 (8) LOWER WHITE RIVER WILDERNESS.—Certain 

17 Federal land managed by the Forest Service and Bu18 reau of Land Management, comprising approximately 

19 2,870 acres, as generally depicted on the map entitled 

20 ‘‘Lower White River Wilderness—Lower White 

21 River’’, dated July 16, 2007, which shall be known as 

22 the ‘‘Lower White River Wilderness’’. 

23 (b) RICHARD L. KOHNSTAMM MEMORIAL AREA.—Cer24 tain Federal land managed by the Forest Service, as gen25 erally depicted on the map entitled ‘‘Richard L. 
38 

† HR 146 EAS 

1 Kohnstamm Memorial Area’’, dated July 16, 2007, is des2 ignated as the ‘‘Richard L. Kohnstamm Memorial Area’’. 

3 (c) POTENTIAL WILDERNESS AREA; ADDITIONS TO

4 WILDERNESS AREAS.— 

5 (1) ROARING RIVER POTENTIAL WILDERNESS

6 AREA.— 

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

8 purposes of the Wilderness Act (16 U.S.C. 1131 

9 et seq.), certain Federal land managed by the 

10 Forest Service, comprising approximately 900 

11 acres identified as ‘‘Potential Wilderness’’ on the 

12 map entitled ‘‘Roaring River Wilderness’’, dated 

13 July 16, 2007, is designated as a potential wil14 derness area. 

15 (B) MANAGEMENT.—The potential wilder16 ness area designated by subparagraph (A) shall 

17 be managed in accordance with section 4 of the 

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

19 (C) DESIGNATION AS WILDERNESS.—On the 

20 date on which the Secretary publishes in the 

21 Federal Register notice that the conditions in the 

22 potential wilderness area designated by subpara23 graph (A) are compatible with the Wilderness 

24 Act (16 U.S.C. 1131 et seq.), the potential wil25 derness shall be— 
39 

† HR 146 EAS 

1 (i) designated as wilderness and as a 

2 component of the National Wilderness Pres3 ervation System; and 

4 (ii) incorporated into the Roaring 

5 River Wilderness designated by subsection 

6 (a)(6). 

7 (2) ADDITION TO THE MOUNT HOOD WILDER8 NESS.—On completion of the land exchange under 

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

10 the Forest Service, comprising approximately 1,710 

11 acres, as generally depicted on the map entitled 

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

13 20, 2007, shall be incorporated in, and considered to 

14 be a part of, the Mount Hood Wilderness, as des15 ignated under section 3(a) of the Wilderness Act (16 

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

17 Endangered American Wilderness Act of 1978 (16 

18 U.S.C. 1132 note; 92 Stat. 43) and subsection (a)(5). 

19 (3) ADDITION TO THE SALMON-HUCKLEBERRY

20 WILDERNESS.—On acquisition by the United States, 

21 the approximately 160 acres of land identified as 

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

23 ‘‘Hunchback Mountain Land Exchange, Clackamas 

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

25 and considered to be a part of, the Salmon- 
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1 Huckleberry Wilderness, as designated by section 3(2) 

2 of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 

3 note; 98 Stat. 273) and enlarged by subsection (a)(7). 

4 (d) MAPS AND LEGAL DESCRIPTIONS.— 

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

6 the date of enactment of this Act, the Secretary shall 

7 file a map and a legal description of each wilderness 

8 area and potential wilderness area designated by this 

9 section, with— 

10 (A) the Committee on Energy and Natural 

11 Resources of the Senate; and 

12 (B) the Committee on Natural Resources of 

13 the House of Representatives. 

14 (2) FORCE OF LAW.—The maps and legal de15 scriptions filed under paragraph (1) shall have the 

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

17 except that the Secretary may correct typographical 

18 errors in the maps and legal descriptions. 

19 (3) PUBLIC AVAILABILITY.—Each map and legal 

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

21 and available for public inspection in the appropriate 

22 offices of the Forest Service and Bureau of Land 

23 Management. 

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

25 the areas designated as wilderness by subsection (a) 
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1 that are immediately adjacent to a utility right-of2 way or a Federal Energy Regulatory Commission 

3 project boundary shall be 100 feet from the boundary 

4 of the right-of-way or the project boundary. 

5 (e) ADMINISTRATION.— 

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

7 rights, each area designated as wilderness by this sec8 tion shall be administered by the Secretary that has 

9 jurisdiction over the land within the wilderness, in 

10 accordance with the Wilderness Act (16 U.S.C. 1131 

11 et seq.), except that— 

12 (A) any reference in that Act to the effective 

13 date shall be considered to be a reference to the 

14 date of enactment of this Act; and 

15 (B) any reference in that Act to the Sec16 retary of Agriculture shall be considered to be a 

17 reference to the Secretary that has jurisdiction 

18 over the land within the wilderness. 

19 (2) INCORPORATION OF ACQUIRED LAND AND IN20 TERESTS.—Any land within the boundary of a wil21 derness area designated by this section that is ac22 quired by the United States shall— 

23 (A) become part of the wilderness area in 

24 which the land is located; and 
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1 (B) be managed in accordance with this sec2 tion, the Wilderness Act (16 U.S.C. 1131 et seq.), 

3 and any other applicable law. 

4 (f) BUFFER ZONES.— 

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

6 Wilderness Act of 1984 (16 U.S.C. 1132 note; Public 

7 Law 98–328), Congress does not intend for designa8 tion of wilderness areas in the State under this sec9 tion to lead to the creation of protective perimeters or 

10 buffer zones around each wilderness area. 

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

12 The fact that nonwilderness activities or uses can be 

13 seen or heard from within a wilderness area shall not, 

14 of itself, preclude the activities or uses up to the 

15 boundary of the wilderness area. 

16 (g) FISH AND WILDLIFE.—Nothing in this section af17 fects the jurisdiction or responsibilities of the State with 

18 respect to fish and wildlife. 

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

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

21 1133(d)(1)), within the wilderness areas designated by this 

22 section, the Secretary that has jurisdiction over the land 

23 within the wilderness (referred to in this subsection as the 

24 ‘‘Secretary’’) may take such measures as are necessary to 

25 control fire, insects, and diseases, subject to such terms and 
43 

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1 conditions as the Secretary determines to be desirable and 

2 appropriate. 

3 (i) WITHDRAWAL.—Subject to valid rights in existence 

4 on the date of enactment of this Act, the Federal land des5 ignated as wilderness by this section is withdrawn from all 

6 forms of— 

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

8 public land laws; 

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

10 laws; and 

11 (3) disposition under all laws pertaining to min12 eral and geothermal leasing or mineral materials. 

13 SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCE14 NIC RIVER PROTECTION IN THE MOUNT 

15 HOOD AREA. 

16 (a) WILD AND SCENIC RIVER DESIGNATIONS, MOUNT

17 HOOD NATIONAL FOREST.— 

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

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

20 adding at the end the following: 

21 ‘‘(171) SOUTH FORK CLACKAMAS RIVER, OR22 EGON.—The 4.2-mile segment of the South Fork 

23 Clackamas River from its confluence with the East 

24 Fork of the South Fork Clackamas to its confluence 
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† HR 146 EAS 

1 with the Clackamas River, to be administered by the 

2 Secretary of Agriculture as a wild river. 

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

4 segment of Eagle Creek from its headwaters to the 

5 Mount Hood National Forest boundary, to be admin6 istered by the Secretary of Agriculture as a wild 

7 river. 

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

9 mile segment of the Middle Fork Hood River from the 

10 confluence of Clear and Coe Branches to the north sec11 tion line of section 11, township 1 south, range 9 east, 

12 to be administered by the Secretary of Agriculture as 

13 a scenic river. 

14 ‘‘(174) SOUTH FORK ROARING RIVER, OREGON.— 

15 The 4.6-mile segment of the South Fork Roaring 

16 River from its headwaters to its confluence with 

17 Roaring River, to be administered by the Secretary of 

18 Agriculture as a wild river. 

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

20 segment of the Zig Zag River from its headwaters to 

21 the Mount Hood Wilderness boundary, to be adminis22 tered by the Secretary of Agriculture as a wild river. 

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

24 ‘‘(A) IN GENERAL.—The 11.1-mile segment 

25 of Fifteenmile Creek from its source at Senecal 
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1 Spring to the southern edge of the northwest 

2 quarter of the northwest quarter of section 20, 

3 township 2 south, range 12 east, to be adminis4 tered by the Secretary of Agriculture in the fol5 lowing classes: 

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

7 source at Senecal Spring to the Badger 

8 Creek Wilderness boundary, as a wild river. 

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

10 Badger Creek Wilderness boundary to the 

11 point 0.4 miles downstream, as a scenic 

12 river. 

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

14 point 0.4 miles downstream of the Badger 

15 Creek Wilderness boundary to the western 

16 edge of section 20, township 2 south, range 

17 12 east as a wild river. 

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

19 western edge of section 20, township 2 

20 south, range 12 east, to the southern edge of 

21 the northwest quarter of the northwest quar22 ter of section 20, township 2 south, range 12 

23 east as a scenic river. 

24 ‘‘(B) INCLUSIONS.—Notwithstanding section 

25 3(b), the lateral boundaries of both the wild river 
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1 area and the scenic river area along Fifteenmile 

2 Creek shall include an average of not more than 

3 640 acres per mile measured from the ordinary 

4 high water mark on both sides of the river. 

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

6 13.5-mile segment of the East Fork Hood River from 

7 Oregon State Highway 35 to the Mount Hood Na8 tional Forest boundary, to be administered by the 

9 Secretary of Agriculture as a recreational river. 

10 ‘‘(178) COLLAWASH RIVER, OREGON.—The 17.8- 

11 mile segment of the Collawash River from the head12 waters of the East Fork Collawash to the confluence 

13 of the mainstream of the Collawash River with the 

14 Clackamas River, to be administered by the Secretary 

15 of Agriculture in the following classes: 

16 ‘‘(A) The 11.0-mile segment from the head17 waters of the East Fork Collawash River to 

18 Buckeye Creek, as a scenic river. 

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

20 Creek to the Clackamas River, as a recreational 

21 river. 

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

23 segment of Fish Creek from its headwaters to the con24 fluence with the Clackamas River, to be administered 
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† HR 146 EAS 

1 by the Secretary of Agriculture as a recreational 

2 river.’’. 

3 (2) EFFECT.—The amendments made by para4 graph (1) do not affect valid existing water rights. 

5 (b) PROTECTION FOR HOOD RIVER, OREGON.—Section 

6 13(a)(4) of the ‘‘Columbia River Gorge National Scenic 

7 Area Act’’ (16 U.S.C. 544k(a)(4)) is amended by striking 

8 ‘‘for a period not to exceed twenty years from the date of 

9 enactment of this Act,’’. 

10 SEC. 1204. MOUNT HOOD NATIONAL RECREATION AREA. 

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

12 preservation, and enhancement of recreational, ecological, 

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

14 there is established the Mount Hood National Recreation 

15 Area within the Mount Hood National Forest. 

16 (b) BOUNDARY.—The Mount Hood National Recre17 ation Area shall consist of certain Federal land managed 

18 by the Forest Service and Bureau of Land Management, 

19 comprising approximately 34,550 acres, as generally de20 picted on the maps entitled ‘‘National Recreation Areas— 

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

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

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

24 (c) MAP AND LEGAL DESCRIPTION.— 
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1 (1) SUBMISSION OF LEGAL DESCRIPTION.—As 

2 soon as practicable after the date of enactment of this 

3 Act, the Secretary shall file a map and a legal de4 scription of the Mount Hood National Recreation 

5 Area with— 

6 (A) the Committee on Energy and Natural 

7 Resources of the Senate; and 

8 (B) the Committee on Natural Resources of 

9 the House of Representatives. 

10 (2) FORCE OF LAW.—The map and legal descrip11 tion filed under paragraph (1) shall have the same 

12 force and effect as if included in this subtitle, except 

13 that the Secretary may correct typographical errors 

14 in the map and the legal description. 

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

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

17 and available for public inspection in the appropriate 

18 offices of the Forest Service. 

19 (d) ADMINISTRATION.— 

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

21 (A) administer the Mount Hood National 

22 Recreation Area— 

23 (i) in accordance with the laws (in24 cluding regulations) and rules applicable to 

25 the National Forest System; and 
49 

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1 (ii) consistent with the purposes de2 scribed in subsection (a); and 

3 (B) only allow uses of the Mount Hood Na4 tional Recreation Area that are consistent with 

5 the purposes described in subsection (a). 

6 (2) APPLICABLE LAW.—Any portion of a wilder7 ness area designated by section 1202 that is located 

8 within the Mount Hood National Recreation Area 

9 shall be administered in accordance with the Wilder10 ness Act (16 U.S.C. 1131 et seq.). 

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

12 within the Mount Hood National Recreation Area may be 

13 permitted— 

14 (1) to the extent necessary to improve the health 

15 of the forest in a manner that— 

16 (A) maximizes the retention of large trees— 

17 (i) as appropriate to the forest type; 

18 and 

19 (ii) to the extent that the trees promote 

20 stands that are fire-resilient and healthy; 

21 (B) improves the habitats of threatened, en22 dangered, or sensitive species; or 

23 (C) maintains or restores the composition 

24 and structure of the ecosystem by reducing the 

25 risk of uncharacteristic wildfire; 
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1 (2) to accomplish an approved management ac2 tivity in furtherance of the purposes established by 

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

4 is incidental to the management activity; or 

5 (3) for de minimus personal or administrative 

6 use within the Mount Hood National Recreation 

7 Area, where such use will not impair the purposes es8 tablished by this section. 

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

10 roads shall be constructed or reconstructed within the 

11 Mount Hood National Recreation Area except as nec12 essary— 

13 (1) to protect the health and safety of individuals 

14 in cases of an imminent threat of flood, fire, or any 

15 other catastrophic event that, without intervention, 

16 would cause the loss of life or property; 

17 (2) to conduct environmental cleanup required 

18 by the United States; 

19 (3) to allow for the exercise of reserved or out20 standing rights provided for by a statute or treaty; 

21 (4) to prevent irreparable resource damage by an 

22 existing road; or 

23 (5) to rectify a hazardous road condition. 
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1 (g) WITHDRAWAL.—Subject to valid existing rights, all 

2 Federal land within the Mount Hood National Recreation 

3 Area is withdrawn from— 

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

5 under the public land laws; 

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

7 laws; and 

8 (3) disposition under all laws relating to min9 eral and geothermal leasing. 

10 (h) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

11 (1) IN GENERAL.—Administrative jurisdiction 

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

13 transferred from the Bureau of Land Management to 

14 the Forest Service. 

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

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

17 of land administered by the Bureau of Land Manage18 ment that is within or adjacent to the Mount Hood 

19 National Recreation Area and that is identified as 

20 ‘‘BLM Lands’’ on the map entitled ‘‘National Recre21 ation Areas—Shellrock Mountain’’, dated February 

22 2007. 
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1 SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER 

2 BIG BOTTOM, AND CULTUS CREEK. 

3 (a) CRYSTAL SPRINGS WATERSHED SPECIAL RE4 SOURCES MANAGEMENT UNIT.— 

5 (1) ESTABLISHMENT.— 

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

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

8 shall be established a special resources manage9 ment unit in the State consisting of certain Fed10 eral land managed by the Forest Service, as gen11 erally depicted on the map entitled ‘‘Crystal 

12 Springs Watershed Special Resources Manage13 ment Unit’’, dated June 2006 (referred to in this 

14 subsection as the ‘‘map’’), to be known as the 

15 ‘‘Crystal Springs Watershed Special Resources 

16 Management Unit’’ (referred to in this subsection 

17 as the ‘‘Management Unit’’). 

18 (B) EXCLUSION OF CERTAIN LAND.—The 

19 Management Unit does not include any National 

20 Forest System land otherwise covered by sub21 paragraph (A) that is designated as wilderness 

22 by section 1202. 

23 (C) WITHDRAWAL.— 

24 (i) IN GENERAL.—Subject to valid 

25 rights in existence on the date of enactment 

26 of this Act, the Federal land designated as 
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1 the Management Unit is withdrawn from 

2 all forms of— 

3 (I) entry, appropriation, or dis4 posal under the public land laws; 

5 (II) location, entry, and patent 

6 under the mining laws; and 

7 (III) disposition under all laws 

8 pertaining to mineral and geothermal 

9 leasing or mineral materials. 

10 (ii) EXCEPTION.—Clause (i)(I) does 

11 not apply to the parcel of land generally de12 picted as ‘‘HES 151’’ on the map. 

13 (2) PURPOSES.—The purposes of the Manage14 ment Unit are— 

15 (A) to ensure the protection of the quality 

16 and quantity of the Crystal Springs watershed 

17 as a clean drinking water source for the residents 

18 of Hood River County, Oregon; and 

19 (B) to allow visitors to enjoy the special sce20 nic, natural, cultural, and wildlife values of the 

21 Crystal Springs watershed. 

22 (3) MAP AND LEGAL DESCRIPTION.— 

23 (A) SUBMISSION OF LEGAL DESCRIPTION.— 

24 As soon as practicable after the date of enact25 ment of this Act, the Secretary shall file a map 
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1 and a legal description of the Management Unit 

2 with— 

3 (i) the Committee on Energy and Nat4 ural Resources of the Senate; and 

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

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

8 description filed under subparagraph (A) shall 

9 have the same force and effect as if included in 

10 this subtitle, except that the Secretary may cor11 rect typographical errors in the map and legal 

12 description. 

13 (C) PUBLIC AVAILABILITY.—The map and 

14 legal description filed under subparagraph (A) 

15 shall be on file and available for public inspec16 tion in the appropriate offices of the Forest Serv17 ice. 

18 (4) ADMINISTRATION.— 

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

20 (i) administer the Management Unit— 

21 (I) in accordance with the laws 

22 (including regulations) and rules ap23 plicable to units of the National Forest 

24 System; and 
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1 (II) consistent with the purposes 

2 described in paragraph (2); and 

3 (ii) only allow uses of the Management 

4 Unit that are consistent with the purposes 

5 described in paragraph (2). 

6 (B) FUEL REDUCTION IN PROXIMITY TO IM7 PROVEMENTS AND PRIMARY PUBLIC ROADS.—To 

8 protect the water quality, water quantity, and 

9 scenic, cultural, natural, and wildlife values of 

10 the Management Unit, the Secretary may con11 duct fuel reduction and forest health manage12 ment treatments to maintain and restore fire-re13 silient forest structures containing late succes14 sional forest structure characterized by large 

15 trees and multistoried canopies, as ecologically 

16 appropriate, on National Forest System land in 

17 the Management Unit— 

18 (i) in any area located not more than 

19 400 feet from structures located on— 

20 (I) National Forest System land; 

21 or 

22 (II) private land adjacent to Na23 tional Forest System land; 

24 (ii) in any area located not more than 

25 400 feet from the Cooper Spur Road, the 
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1 Cloud Cap Road, or the Cooper Spur Ski 

2 Area Loop Road; and 

3 (iii) on any other National Forest Sys4 tem land in the Management Unit, with 

5 priority given to activities that restore pre6 viously harvested stands, including the re7 moval of logging slash, smaller diameter 

8 material, and ladder fuels. 

9 (5) PROHIBITED ACTIVITIES.—Subject to valid 

10 existing rights, the following activities shall be prohib11 ited on National Forest System land in the Manage12 ment Unit: 

13 (A) New road construction or renovation of 

14 existing non-System roads, except as necessary to 

15 protect public health and safety. 

16 (B) Projects undertaken for the purpose of 

17 harvesting commercial timber (other than activi18 ties relating to the harvest of merchantable prod19 ucts that are byproducts of activities conducted 

20 to further the purposes described in paragraph 

21 (2)). 

22 (C) Commercial livestock grazing. 

23 (D) The placement of new fuel storage 

24 tanks. 
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† HR 146 EAS 

1 (E) Except to the extent necessary to further 

2 the purposes described in paragraph (2), the ap3 plication of any toxic chemicals (other than fire 

4 retardants), including pesticides, rodenticides, or 

5 herbicides. 

6 (6) FOREST ROAD CLOSURES.— 

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

8 subparagraph (B), the Secretary may provide for 

9 the closure or gating to the general public of any 

10 Forest Service road within the Management 

11 Unit. 

12 (B) EXCEPTION.—Nothing in this sub13 section requires the Secretary to close the road 

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

15 shall be administered in accordance with other16 wise applicable law. 

17 (7) PRIVATE LAND.— 

18 (A) EFFECT.—Nothing in this subsection 

19 affects the use of, or access to, any private prop20 erty within the area identified on the map as the 

21 ‘‘Crystal Springs Zone of Contribution’’ by— 

22 (i) the owners of the private property; 

23 and 

24 (ii) guests to the private property. 
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1 (B) COOPERATION.—The Secretary is en2 couraged to work with private landowners who 

3 have agreed to cooperate with the Secretary to 

4 further the purposes of this subsection. 

5 (8) ACQUISITION OF LAND.— 

6 (A) IN GENERAL.—The Secretary may ac7 quire from willing landowners any land located 

8 within the area identified on the map as the 

9 ‘‘Crystal Springs Zone of Contribution’’. 

10 (B) INCLUSION IN MANAGEMENT UNIT.—On 

11 the date of acquisition, any land acquired under 

12 subparagraph (A) shall be incorporated in, and 

13 be managed as part of, the Management Unit. 

14 (b) PROTECTIONS FOR UPPER BIG BOTTOM AND

15 CULTUS CREEK.— 

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

17 the Federal land administered by the Forest Service 

18 described in paragraph (2) in a manner that pre19 serves the natural and primitive character of the land 

20 for recreational, scenic, and scientific use. 

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

22 referred to in paragraph (1) is— 

23 (A) the approximately 1,580 acres, as gen24 erally depicted on the map entitled ‘‘Upper Big 

25 Bottom’’, dated July 16, 2007; and 
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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 Nat12 ural 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 and 

22 legal description filed under subparagraph (A) 

23 shall be on file and available for public inspec24 tion in the appropriate offices of the Forest Serv25 ice. 
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† HR 146 EAS 

1 (4) USE OF LAND.— 

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

3 rights, with respect to the Federal land described 

4 in paragraph (2), the Secretary shall only allow 

5 uses that are consistent with the purposes identi6 fied in paragraph (1). 

7 (B) PROHIBITED USES.—The following 

8 shall be prohibited on the Federal land described 

9 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 pub15 lic 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) is 

21 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 
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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 ‘‘exchange 

10 map’’ means the map entitled ‘‘Cooper Spur/ 

11 Government Camp Land Exchange’’, dated June 

12 2006. 

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

14 land’’ means the approximately 120 acres of Na15 tional Forest System land in the Mount Hood 

16 National Forest in Government Camp, 

17 Clackamas County, Oregon, identified as ‘‘USFS 

18 Land to be Conveyed’’ on the exchange map. 

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

20 Hood Meadows’’ means the Mt. Hood Meadows 

21 Oregon, Limited Partnership. 

22 (E) NON-FEDERAL LAND.—The term ‘‘non23 Federal land’’ means— 

24 (i) the parcel of approximately 770 

25 acres of private land at Cooper Spur identi-
62 

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1 fied as ‘‘Land to be acquired by USFS’’ on 

2 the exchange map; and 

3 (ii) any buildings, furniture, fixtures, 

4 and equipment at the Inn at Cooper Spur 

5 and the Cooper Spur Ski Area covered by 

6 an appraisal described in paragraph 

7 (2)(D). 

8 (2) COOPER SPUR-GOVERNMENT CAMP LAND EX9 CHANGE.— 

10 (A) CONVEYANCE OF LAND.—Subject to the 

11 provisions of this subsection, if Mt. Hood Mead12 ows offers to convey to the United States all 

13 right, title, and interest of Mt. Hood Meadows in 

14 and to the non-Federal land, the Secretary shall 

15 convey to Mt. Hood Meadows all right, title, and 

16 interest of the United States in and to the Fed17 eral land (other than any easements reserved 

18 under subparagraph (G)), subject to valid exist19 ing rights. 

20 (B) COMPLIANCE WITH EXISTING LAW.— 

21 Except as otherwise provided in this subsection, 

22 the Secretary shall carry out the land exchange 

23 under this subsection in accordance with section 

24 206 of the Federal Land Policy and Management 

25 Act of 1976 (43 U.S.C. 1716). 
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† HR 146 EAS 

1 (C) CONDITIONS ON ACCEPTANCE.— 

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

3 exchange under this subsection, title to the 

4 non-Federal land to be acquired by the Sec5 retary under this subsection shall be accept6 able to the Secretary. 

7 (ii) TERMS AND CONDITIONS.—The 

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

10 and conditions as the Secretary may re11 quire. 

12 (D) APPRAISALS.— 

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

15 Act, the Secretary and Mt. Hood Meadows 

16 shall select an appraiser to conduct an ap17 praisal of the Federal land and non-Federal 

18 land. 

19 (ii) REQUIREMENTS.—An appraisal 

20 under clause (i) shall be conducted in ac21 cordance with nationally recognized ap22 praisal standards, including— 

23 (I) the Uniform Appraisal Stand24 ards for Federal Land Acquisitions; 

25 and 
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1 (II) the Uniform Standards of 

2 Professional Appraisal Practice. 

3 (E) SURVEYS.— 

4 (i) IN GENERAL.—The exact acreage 

5 and legal description of the Federal land 

6 and non-Federal land shall be determined 

7 by surveys approved by the Secretary. 

8 (ii) COSTS.—The responsibility for the 

9 costs of any surveys conducted under clause 

10 (i), and any other administrative costs of 

11 carrying out the land exchange, shall be de12 termined by the Secretary and Mt. Hood 

13 Meadows. 

14 (F) DEADLINE FOR COMPLETION OF LAND

15 EXCHANGE.—It is the intent of Congress that the 

16 land exchange under this subsection shall be 

17 completed not later than 16 months after the 

18 date of enactment of this Act. 

19 (G) RESERVATION OF EASEMENTS.—As a 

20 condition of the conveyance of the Federal land, 

21 the Secretary shall reserve— 

22 (i) a conservation easement to the Fed23 eral land to protect existing wetland, as 

24 identified by the Oregon Department of 

25 State Lands, that allows equivalent wetland 
65 

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1 mitigation measures to compensate for 

2 minor wetland encroachments necessary for 

3 the orderly development of the Federal land; 

4 and 

5 (ii) a trail easement to the Federal 

6 land that allows— 

7 (I) nonmotorized use by the public 

8 of existing trails; 

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

11 and 

12 (III) improvement or relocation of 

13 the trails to accommodate development 

14 of the Federal land. 

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

16 (1) DEFINITIONS.—In this subsection: 

17 (A) EXCHANGE MAP.—The term ‘‘exchange 

18 map’’ means the map entitled ‘‘Port of Cascade 

19 Locks/Pacific Crest National Scenic Trail Land 

20 Exchange’’, dated June 2006. 

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

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

24 land in the Columbia River Gorge National Sce-
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1 nic Area identified as ‘‘USFS Land to be con2 veyed’’ on the exchange map. 

3 (C) NON-FEDERAL LAND.—The term ‘‘non4 Federal land’’ means the parcels of land con5 sisting of approximately 40 acres identified as 

6 ‘‘Land to be acquired by USFS’’ on the exchange 

7 map. 

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

9 Port of Cascade Locks, Cascade Locks, Oregon. 

10 (2) LAND EXCHANGE, PORT OF CASCADE LOCKS11 PACIFIC CREST NATIONAL SCENIC TRAIL.— 

12 (A) CONVEYANCE OF LAND.—Subject to the 

13 provisions of this subsection, if the Port offers to 

14 convey to the United States all right, title, and 

15 interest of the Port in and to the non-Federal 

16 land, the Secretary shall, subject to valid existing 

17 rights, convey to the Port all right, title, and in18 terest of the United States in and to the Federal 

19 land. 

20 (B) COMPLIANCE WITH EXISTING LAW.— 

21 Except as otherwise provided in this subsection, 

22 the Secretary shall carry out the land exchange 

23 under this subsection in accordance with section 

24 206 of the Federal Land Policy and Management 

25 Act of 1976 (43 U.S.C. 1716). 
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1 (3) CONDITIONS ON ACCEPTANCE.— 

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

5 under this subsection shall be acceptable to the 

6 Secretary. 

7 (B) TERMS AND CONDITIONS.—The convey8 ance of the Federal land and non-Federal land 

9 shall be subject to such terms and conditions as 

10 the Secretary may require. 

11 (4) APPRAISALS.— 

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

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

15 appraisal of the Federal land and non-Federal 

16 land. 

17 (B) REQUIREMENTS.—An appraisal under 

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

21 (i) the Uniform Appraisal Standards 

22 for Federal Land Acquisitions; and 

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

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

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

5 (B) COSTS.—The responsibility for the costs 

6 of any surveys conducted under subparagraph 

7 (A), and any other administrative costs of car8 rying out the land exchange, shall be determined 

9 by the Secretary and the Port. 

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

12 exchange under this subsection shall be completed not 

13 later than 16 months after the date of enactment of 

14 this Act. 

15 (c) HUNCHBACK MOUNTAIN LAND EXCHANGE AND

16 BOUNDARY ADJUSTMENT.— 

17 (1) DEFINITIONS.—In this subsection: 

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

19 Clackamas County, Oregon. 

20 (B) EXCHANGE MAP.—The term ‘‘exchange 

21 map’’ means the map entitled ‘‘Hunchback 

22 Mountain Land Exchange, Clackamas County’’, 

23 dated June 2006. 

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

25 land’’ means the parcel of land consisting of ap-
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1 proximately 160 acres of National Forest System 

2 land in the Mount Hood National Forest identi3 fied as ‘‘USFS Land to be Conveyed’’ on the ex4 change map. 

5 (D) NON-FEDERAL LAND.—The term ‘‘non6 Federal land’’ means the parcel of land con7 sisting of approximately 160 acres identified as 

8 ‘‘Land to be acquired by USFS’’ on the exchange 

9 map. 

10 (2) HUNCHBACK MOUNTAIN LAND EXCHANGE.— 

11 (A) CONVEYANCE OF LAND.—Subject to the 

12 provisions of this paragraph, if the County offers 

13 to convey to the United States all right, title, 

14 and interest of the County in and to the non15 Federal land, the Secretary shall, subject to valid 

16 existing rights, convey to the County all right, 

17 title, and interest of the United States in and to 

18 the Federal land. 

19 (B) COMPLIANCE WITH EXISTING LAW.— 

20 Except as otherwise provided in this paragraph, 

21 the Secretary shall carry out the land exchange 

22 under this paragraph in accordance with section 

23 206 of the Federal Land Policy and Management 

24 Act of 1976 (43 U.S.C. 1716). 

25 (C) CONDITIONS ON ACCEPTANCE.— 
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1 (i) TITLE.—As a condition of the land 

2 exchange under this paragraph, title to the 

3 non-Federal land to be acquired by the Sec4 retary under this paragraph shall be accept5 able to the Secretary. 

6 (ii) TERMS AND CONDITIONS.—The 

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

9 and conditions as the Secretary may re10 quire. 

11 (D) APPRAISALS.— 

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

14 Act, the Secretary shall select an appraiser 

15 to conduct an appraisal of the Federal land 

16 and non-Federal land. 

17 (ii) REQUIREMENTS.—An appraisal 

18 under clause (i) shall be conducted in ac19 cordance with nationally recognized ap20 praisal standards, including— 

21 (I) the Uniform Appraisal Stand22 ards for Federal Land Acquisitions; 

23 and 

24 (II) the Uniform Standards of 

25 Professional Appraisal Practice. 
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1 (E) SURVEYS.— 

2 (i) IN GENERAL.—The exact acreage 

3 and legal description of the Federal land 

4 and non-Federal land shall be determined 

5 by surveys approved by the Secretary. 

6 (ii) COSTS.—The responsibility for the 

7 costs of any surveys conducted under clause 

8 (i), and any other administrative costs of 

9 carrying out the land exchange, shall be de10 termined by the Secretary and the County. 

11 (F) DEADLINE FOR COMPLETION OF LAND

12 EXCHANGE.—It is the intent of Congress that the 

13 land exchange under this paragraph shall be 

14 completed not later than 16 months after the 

15 date of enactment of this Act. 

16 (3) BOUNDARY ADJUSTMENT.— 

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

18 Mount Hood National Forest shall be adjusted to 

19 incorporate— 

20 (i) any land conveyed to the United 

21 States under paragraph (2); and 

22 (ii) the land transferred to the Forest 

23 Service by section 1204(h)(1). 
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1 (B) ADDITIONS TO THE NATIONAL FOREST

2 SYSTEM.—The Secretary shall administer the 

3 land described in subparagraph (A)— 

4 (i) in accordance with— 

5 (I) the Act of March 1, 1911 

6 (commonly known as the ‘‘Weeks 

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

8 (II) any laws (including regula9 tions) applicable to the National Forest 

10 System; and 

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

12 1204(d), as applicable. 

13 (C) LAND AND WATER CONSERVATION

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

15 Land and Water Conservation Fund Act of 1965 

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

17 Hood National Forest modified by this para18 graph shall be considered to be the boundaries of 

19 the Mount Hood National Forest in existence as 

20 of January 1, 1965. 

21 (d) CONDITIONS ON DEVELOPMENT OF FEDERAL

22 LAND.— 

23 (1) REQUIREMENTS APPLICABLE TO THE CON24 VEYANCE OF FEDERAL LAND.— 
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1 (A) IN GENERAL.—As a condition of each of 

2 the conveyances of Federal land under this sec3 tion, the Secretary shall include in the deed of 

4 conveyance a requirement that applicable con5 struction activities and alterations shall be con6 ducted in accordance with— 

7 (i) nationally recognized building and 

8 property maintenance codes; and 

9 (ii) nationally recognized codes for de10 velopment in the wildland-urban interface 

11 and wildfire hazard mitigation. 

12 (B) APPLICABLE LAW.—To the maximum 

13 extent practicable, the codes required under sub14 paragraph (A) shall be consistent with the na15 tionally recognized codes adopted or referenced 

16 by the State or political subdivisions of the 

17 State. 

18 (C) ENFORCEMENT.—The requirements 

19 under subparagraph (A) may be enforced by the 

20 same entities otherwise enforcing codes, ordi21 nances, and standards. 

22 (2) COMPLIANCE WITH CODES ON FEDERAL

23 LAND.—The Secretary shall ensure that applicable 

24 construction activities and alterations undertaken or 

25 permitted by the Secretary on National Forest System 
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1 land in the Mount Hood National Forest are con2 ducted in accordance with— 

3 (A) nationally recognized building and 

4 property maintenance codes; and 

5 (B) nationally recognized codes for develop6 ment in the wildland-urban interface develop7 ment and wildfire hazard mitigation. 

8 (3) EFFECT ON ENFORCEMENT BY STATES AND

9 POLITICAL SUBDIVISIONS.—Nothing in this subsection 

10 alters or limits the power of the State or a political 

11 subdivision of the State to implement or enforce any 

12 law (including regulations), rule, or standard relating 

13 to development or fire prevention and control. 

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

15 (a) TRANSPORTATION PLAN.— 

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

17 participate in the development of an integrated, 

18 multimodal transportation plan developed by the Or19 egon Department of Transportation for the Mount 

20 Hood region to achieve comprehensive solutions to 

21 transportation challenges in the Mount Hood re22 gion— 

23 (A) to promote appropriate economic devel24 opment; 
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1 (B) to preserve the landscape of the Mount 

2 Hood region; and 

3 (C) to enhance public safety. 

4 (2) ISSUES TO BE ADDRESSED.—In partici5 pating in the development of the transportation plan 

6 under paragraph (1), the Secretary shall seek to ad7 dress— 

8 (A) transportation alternatives between and 

9 among recreation areas and gateway commu10 nities that are located within the Mount Hood 

11 region; 

12 (B) establishing park-and-ride facilities 

13 that shall be located at gateway communities; 

14 (C) establishing intermodal transportation 

15 centers to link public transportation, parking, 

16 and recreation destinations; 

17 (D) creating a new interchange on Oregon 

18 State Highway 26 located adjacent to or within 

19 Government Camp; 

20 (E) designating, maintaining, and improv21 ing alternative routes using Forest Service or 

22 State roads for— 

23 (i) providing emergency routes; or 

24 (ii) improving access to, and travel 

25 within, the Mount Hood region; 
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1 (F) the feasibility of establishing— 

2 (i) a gondola connection that— 

3 (I) connects Timberline Lodge to 

4 Government Camp; and 

5 (II) is located in close proximity 

6 to the site of the historic gondola cor7 ridor; and 

8 (ii) an intermodal transportation cen9 ter to be located in close proximity to Gov10 ernment Camp; 

11 (G) burying power lines located in, or adja12 cent to, the Mount Hood National Forest along 

13 Interstate 84 near the City of Cascade Locks, Or14 egon; and 

15 (H) creating mechanisms for funding the 

16 implementation of the transportation plan under 

17 paragraph (1), including— 

18 (i) funds provided by the Federal Gov19 ernment; 

20 (ii) public-private partnerships; 

21 (iii) incremental tax financing; and 

22 (iv) other financing tools that link 

23 transportation infrastructure improvements 

24 with development. 
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1 (b) MOUNT HOOD NATIONAL FOREST STEWARDSHIP

2 STRATEGY.— 

3 (1) IN GENERAL.—The Secretary shall prepare a 

4 report on, and implementation schedule for, the vege5 tation management strategy (including recommenda6 tions for biomass utilization) for the Mount Hood Na7 tional Forest being developed by the Forest Service. 

8 (2) SUBMISSION TO CONGRESS.— 

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

10 the date of enactment of this Act, the Secretary 

11 shall submit the report to— 

12 (i) the Committee on Energy and Nat13 ural Resources of the Senate; and 

14 (ii) the Committee on Natural Re15 sources of the House of Representatives. 

16 (B) IMPLEMENTATION SCHEDULE.—Not 

17 later than 1 year after the date on which the 

18 vegetation management strategy referred to in 

19 paragraph (1) is completed, the Secretary shall 

20 submit the implementation schedule to— 

21 (i) the Committee on Energy and Nat22 ural Resources of the Senate; and 

23 (ii) the Committee on Natural Re24 sources of the House of Representatives. 

25 (c) LOCAL AND TRIBAL RELATIONSHIPS.— 
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1 (1) MANAGEMENT PLAN.— 

2 (A) IN GENERAL.—The Secretary, in con3 sultation with Indian tribes with treaty-reserved 

4 gathering rights on land encompassed by the 

5 Mount Hood National Forest and in a manner 

6 consistent with the memorandum of under7 standing entered into between the Department of 

8 Agriculture, the Bureau of Land Management, 

9 the Bureau of Indian Affairs, and the Confed10 erated Tribes and Bands of the Warm Springs 

11 Reservation of Oregon, dated April 25, 2003, as 

12 modified, shall develop and implement a man13 agement plan that meets the cultural foods obli14 gations of the United States under applicable 

15 treaties, including the Treaty with the Tribes 

16 and Bands of Middle Oregon of June 25, 1855 

17 (12 Stat. 963). 

18 (B) EFFECT.—This paragraph shall be con19 sidered to be consistent with, and is intended to 

20 help implement, the gathering rights reserved by 

21 the treaty described in subparagraph (A). 

22 (2) SAVINGS PROVISIONS REGARDING RELATIONS

23 WITH INDIAN TRIBES.— 

24 (A) TREATY RIGHTS.—Nothing in this sub25 title alters, modifies, enlarges, diminishes, or ab-
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1 rogates the treaty rights of any Indian tribe, in2 cluding the off-reservation reserved rights secured 

3 by the Treaty with the Tribes and Bands of Mid4 dle Oregon of June 25, 1855 (12 Stat. 963). 

5 (B) TRIBAL LAND.—Nothing in this subtitle 

6 affects land held in trust by the Secretary of the 

7 Interior for Indian tribes or individual members 

8 of Indian tribes or other land acquired by the 

9 Army Corps of Engineers and administered by 

10 the Secretary of the Interior for the benefit of In11 dian tribes and individual members of Indian 

12 tribes. 

13 (d) RECREATIONAL USES.— 

14 (1) MOUNT HOOD NATIONAL FOREST REC15 REATIONAL WORKING GROUP.—The Secretary may es16 tablish a working group for the purpose of providing 

17 advice and recommendations to the Forest Service on 

18 planning and implementing recreation enhancements 

19 in the Mount Hood National Forest. 

20 (2) CONSIDERATION OF CONVERSION OF FOREST

21 ROADS TO RECREATIONAL USES.—In considering a 

22 Forest Service road in the Mount Hood National For23 est for possible closure and decommissioning after the 

24 date of enactment of this Act, the Secretary, in ac25 cordance with applicable law, shall consider, as an 
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1 alternative to decommissioning the road, converting 

2 the road to recreational uses to enhance recreational 

3 opportunities in the Mount Hood National Forest. 

4 (3) IMPROVED TRAIL ACCESS FOR PERSONS WITH

5 DISABILITIES.—The Secretary, in consultation with 

6 the public, may design and construct a trail at a lo7 cation selected by the Secretary in Mount Hood Na8 tional Forest suitable for use by persons with disabil9 ities. 

10 Subtitle D—Copper Salmon 

11 Wilderness, Oregon 

12 SEC. 1301. DESIGNATION OF THE COPPER SALMON WILDER13 NESS. 

14 (a) DESIGNATION.—Section 3 of the Oregon Wilderness 

15 Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328) is 

16 amended— 

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

18 striking ‘‘eight hundred fifty-nine thousand six hun19 dred acres’’ and inserting ‘‘873,300 acres’’; 

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

21 the end and inserting ‘‘; and’’; and 

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

23 ‘‘(30) certain land in the Siskiyou National For24 est, comprising approximately 13,700 acres, as gen25 erally depicted on the map entitled ‘Proposed Copper 
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1 Salmon Wilderness Area’ and dated December 7, 

2 2007, to be known as the ‘Copper Salmon Wilder3 ness’.’’. 

4 (b) MAPS AND LEGAL DESCRIPTION.— 

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

6 the date of enactment of this Act, the Secretary of Ag7 riculture (referred to in this subtitle as the ‘‘Sec8 retary’’) shall file a map and a legal description of 

9 the Copper Salmon Wilderness with— 

10 (A) the Committee on Energy and Natural 

11 Resources of the Senate; and 

12 (B) the Committee on Natural Resources of 

13 the House of Representatives. 

14 (2) FORCE OF LAW.—The map and legal descrip15 tion filed under paragraph (1) shall have the same 

16 force and effect as if included in this subtitle, except 

17 that the Secretary may correct typographical errors 

18 in the map and legal description. 

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

20 Salmon Wilderness shares a border with a road, the 

21 Secretary may only establish an offset that is not 

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

23 (4) PUBLIC AVAILABILITY.—Each map and legal 

24 description filed under paragraph (1) shall be on file 
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1 and available for public inspection in the appropriate 

2 offices of the Forest Service. 

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

4 RIVER, OREGON. 

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

6 (16 U.S.C. 1274(a)(76)) is amended— 

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

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

9 segment’’; 

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

11 and inserting a period; and 

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

13 the following: 

14 ‘‘(B)(i) The approximately 0.6-mile segment 

15 of the North Fork Elk from its source in sec. 21, 

16 T. 33 S., R. 12 W., Willamette Meridian, down17 stream to 0.01 miles below Forest Service Road 

18 3353, as a scenic river. 

19 ‘‘(ii) The approximately 5.5-mile segment of 

20 the North Fork Elk from 0.01 miles below Forest 

21 Service Road 3353 to its confluence with the 

22 South Fork Elk, as a wild river. 

23 ‘‘(C)(i) The approximately 0.9-mile segment 

24 of the South Fork Elk from its source in the 

25 southeast quarter of sec. 32, T. 33 S., R. 12 W., 
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1 Willamette Meridian, downstream to 0.01 miles 

2 below Forest Service Road 3353, as a scenic 

3 river. 

4 ‘‘(ii) The approximately 4.2-mile segment of 

5 the South Fork Elk from 0.01 miles below Forest 

6 Service Road 3353 to its confluence with the 

7 North Fork Elk, as a wild river.’’. 

8 SEC. 1303. PROTECTION OF TRIBAL RIGHTS. 

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

10 construed as diminishing any right of any Indian tribe. 

11 (b) MEMORANDUM OF UNDERSTANDING.—The Sec12 retary shall seek to enter into a memorandum of under13 standing with the Coquille Indian Tribe regarding access 

14 to the Copper Salmon Wilderness to conduct historical and 

15 cultural activities. 

16 Subtitle E—Cascade-Siskiyou 

17 National Monument, Oregon 

18 SEC. 1401. DEFINITIONS. 

19 In this subtitle: 

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

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

22 map entitled ‘‘Proposed Rowlett Land Exchange’’ and 

23 dated June 13, 2006. 

24 (2) BUREAU OF LAND MANAGEMENT LAND.—The 

25 term ‘‘Bureau of Land Management land’’ means the 
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1 approximately 40 acres of land administered by the 

2 Bureau of Land Management identified as ‘‘Rowlett 

3 Selected’’, as generally depicted on the Box R Ranch 

4 land exchange map. 

5 (3) DEERFIELD LAND EXCHANGE MAP.—The 

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

7 entitled ‘‘Proposed Deerfield-BLM Property Line Ad8 justment’’ and dated May 1, 2008. 

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

10 parcel’’ means the approximately 1.5 acres of land 

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

12 depicted on the Deerfield land exchange map. 

13 (5) FEDERAL PARCEL.—The term ‘‘Federal par14 cel’’ means the approximately 1.3 acres of land ad15 ministered by the Bureau of Land Management iden16 tified as ‘‘From BLM to Deerfield’’, as generally de17 picted on the Deerfield land exchange map. 

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

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

20 Mountain, Buck Point, Conde Creek, Cove Creek, Cove 

21 Creek Ranch, Deadwood, Dixie, Grizzly, Howard 

22 Prairie, Jenny Creek, Keene Creek, North Cove Creek, 

23 and Soda Mountain grazing allotments in the State. 

24 (7) GRAZING LEASE.—The term ‘‘grazing lease’’ 

25 means any document authorizing the use of a grazing 
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1 allotment for the purpose of grazing livestock for com2 mercial purposes. 

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

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

5 (9) LESSEE.—The term ‘‘lessee’’ means a live6 stock operator that holds a valid existing grazing 

7 lease for a grazing allotment. 

8 (10) LIVESTOCK.—The term ‘‘livestock’’ does not 

9 include beasts of burden used for recreational pur10 poses. 

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

12 the Cascade-Siskiyou National Monument in the 

13 State. 

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

15 parcel’’ means the parcel of approximately 40 acres 

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

17 generally depicted on the Box R Ranch land exchange 

18 map. 

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

20 the Secretary of the Interior. 

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

22 of Oregon. 

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

24 means the Soda Mountain Wilderness designated by 

25 section 1405(a). 
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1 (16) WILDERNESS MAP.—The term ‘‘wilderness 

2 map’’ means the map entitled ‘‘Soda Mountain Wil3 derness’’ and dated May 5, 2008. 

4 SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PRO5 GRAM. 

6 (a) EXISTING GRAZING LEASES.— 

7 (1) DONATION OF LEASE.— 

8 (A) ACCEPTANCE BY SECRETARY.—The Sec9 retary shall accept any grazing lease that is do10 nated by a lessee. 

11 (B) TERMINATION.—The Secretary shall 

12 terminate any grazing lease acquired under sub13 paragraph (A). 

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

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

16 grazing lease donated under subparagraph (A), 

17 the Secretary shall— 

18 (i) not issue any new grazing lease 

19 within the grazing allotment covered by the 

20 grazing lease; and 

21 (ii) ensure a permanent end to live22 stock grazing on the grazing allotment cov23 ered by the grazing lease. 

24 (2) DONATION OF PORTION OF GRAZING

25 LEASE.— 
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1 (A) IN GENERAL.—A lessee with a grazing 

2 lease for a grazing allotment partially within the 

3 Monument may elect to donate only that portion 

4 of the grazing lease that is within the Monument. 

5 (B) ACCEPTANCE BY SECRETARY.—The Sec6 retary shall accept the portion of a grazing lease 

7 that is donated under subparagraph (A). 

8 (C) MODIFICATION OF LEASE.—Except as 

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

10 portion of a grazing lease under subparagraph 

11 (A), the Secretary shall— 

12 (i) reduce the authorized grazing level 

13 and area to reflect the donation; and 

14 (ii) modify the grazing lease to reflect 

15 the reduced level and area of use. 

16 (D) AUTHORIZED LEVEL.—To ensure that 

17 there is a permanent reduction in the level and 

18 area of livestock grazing on the land covered by 

19 a portion of a grazing lease donated under sub20 paragraph (A), the Secretary shall not allow 

21 grazing to exceed the authorized level and area 

22 established under subparagraph (C). 

23 (3) COMMON ALLOTMENTS.— 

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

25 covered by a grazing lease or portion of a graz-
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1 ing lease that is donated under paragraph (1) or 

2 (2) also is covered by another grazing lease that 

3 is not donated, the Secretary shall reduce the 

4 grazing level on the grazing allotment to reflect 

5 the donation. 

6 (B) AUTHORIZED LEVEL.—To ensure that 

7 there is a permanent reduction in the level of 

8 livestock grazing on the land covered by the graz9 ing lease or portion of a grazing lease donated 

10 under paragraph (1) or (2), the Secretary shall 

11 not allow grazing to exceed the level established 

12 under subparagraph (A). 

13 (b) LIMITATIONS.—The Secretary— 

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

15 and Siskiyou allotments in and near the Monu16 ment— 

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

18 (B) shall ensure a permanent end to live19 stock grazing on each allotment; and 

20 (2) shall not establish any new allotments for 

21 livestock grazing that include any Monument land 

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

23 of enactment of this Act). 

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

25 grazing lease or a portion of a grazing lease under this sec-
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1 tion shall be considered to have waived any claim to any 

2 range improvement on the associated grazing allotment or 

3 portion of the associated grazing allotment, as applicable. 

4 SEC. 1403. BOX R RANCH LAND EXCHANGE. 

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

6 consolidating Federal land within the Monument, the Sec7 retary— 

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

9 Bureau of Land Management land in exchange for 

10 the Rowlett parcel; and 

11 (2) if the Landowner accepts the offer— 

12 (A) the Secretary shall convey to the Land13 owner all right, title, and interest of the United 

14 States in and to the Bureau of Land Manage15 ment land; and 

16 (B) the Landowner shall convey to the Sec17 retary all right, title, and interest of the Land18 owner in and to the Rowlett parcel. 

19 (b) SURVEYS.— 

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

21 description of the Bureau of Land Management land 

22 and the Rowlett parcel shall be determined by surveys 

23 approved by the Secretary. 

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

25 any surveys conducted under paragraph (1), and any 
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1 other administrative costs of carrying out the land ex2 change, shall be determined by the Secretary and the 

3 Landowner. 

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

5 Land Management land and the Rowlett parcel under this 

6 section shall be subject to— 

7 (1) valid existing rights; 

8 (2) title to the Rowlett parcel being acceptable to 

9 the Secretary and in conformance with the title ap10 proval standards applicable to Federal land acquisi11 tions; 

12 (3) such terms and conditions as the Secretary 

13 may require; and 

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

15 any laws (including regulations) applicable to the 

16 conveyance and acquisition of land by the Bureau of 

17 Land Management. 

18 (d) APPRAISALS.— 

19 (1) IN GENERAL.—The Bureau of Land Manage20 ment land and the Rowlett parcel shall be appraised 

21 by an independent appraiser selected by the Sec22 retary. 

23 (2) REQUIREMENTS.—An appraisal conducted 

24 under paragraph (1) shall be conducted in accordance 

25 with— 
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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 under 

6 this subsection shall be submitted to the Secretary for 

7 approval. 

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

9 exchange authorized under this section, the lessee of the 

10 grazing lease for the Box R grazing allotment shall donate 

11 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 
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1 (B) Deerfield Learning Associates shall con2 vey to the Secretary all right, title, and interest 

3 of Deerfield Learning Associates in and to the 

4 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 the 

9 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 ex13 change, shall be determined by the Secretary and 

14 Deerfield Learning Associates. 

15 (c) CONDITIONS.— 

16 (1) IN GENERAL.—The conveyance of the Federal 

17 parcel and the Deerfield parcel under this section 

18 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 
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1 (D) except as otherwise provided in this sec2 tion, any laws (including regulations) applicable 

3 to the conveyance and acquisition of land by the 

4 Bureau of Land Management. 

5 (d) APPRAISALS.— 

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

7 Deerfield parcel shall be appraised by an independent 

8 appraiser selected by the Secretary. 

9 (2) REQUIREMENTS.—An appraisal conducted 

10 under paragraph (1) shall be conducted in accordance 

11 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 under 

17 this subsection shall be submitted to the Secretary for 

18 approval. 

19 SEC. 1405. SODA MOUNTAIN WILDERNESS. 

20 (a) DESIGNATION.—In accordance with the Wilderness 

21 Act (16 U.S.C. 1131 et seq.), approximately 24,100 acres 

22 of Monument land, as generally depicted on the wilderness 

23 map, is designated as wilderness and as a component of 

24 the National Wilderness Preservation System, to be known 

25 as the ‘‘Soda Mountain Wilderness’’. 
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1 (b) MAP AND LEGAL DESCRIPTION.— 

2 (1) SUBMISSION OF MAP AND LEGAL DESCRIP3 TION.—As soon as practicable after the date of enact4 ment of this Act, the Secretary shall file a map and 

5 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 of 

9 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 the 

21 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. 
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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 enact9 ment of this Act; and 

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

12 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 to 

21 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), the 
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1 grazing of livestock in the Wilderness, if established 

2 before the date of enactment of this Act, shall be per3 mitted to continue subject to such reasonable regula4 tions as are considered necessary by the Secretary in 

5 accordance with— 

6 (A) section 4(d)(4) of the Wilderness Act (16 

7 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 affects 

16 the jurisdiction of the State with respect to fish and 

17 wildlife on public land in the State. 

18 (5) INCORPORATION OF ACQUIRED LAND AND IN19 TERESTS.—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. 
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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, except 

5 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 per10 mit 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 sec23 tion 1505(b)(1). 

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

25 Owyhee County, Idaho. 
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1 (3) OWYHEE FRONT.—The term ‘‘Owyhee Front’’ 

2 means the area of the County from Jump Creek on 

3 the west to Mud Flat Road on the east and draining 

4 north from the crest of the Silver City Range to the 

5 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’’ has 

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

12 Federal Land Policy and Management Act of 1976 

13 (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 Sho19 shone Paiute Tribes of the Duck Valley Reservation. 

20 SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION 

21 CENTER. 

22 (a) ESTABLISHMENT.—The Secretary, in coordination 

23 with the Tribes, State, and County, and in consultation 

24 with the University of Idaho, Federal grazing permittees, 

25 and public, shall establish the Owyhee Science Review and 
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1 Conservation Center in the County to conduct research 

2 projects to address natural resources management issues af3 fecting public and private rangeland in the County. 

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

5 under subsection (a) shall be to facilitate the collection and 

6 analysis of information to provide Federal and State agen7 cies, the Tribes, the County, private landowners, and the 

8 public with information on improved rangeland manage9 ment. 

10 SEC. 1503. WILDERNESS AREAS. 

11 (a) WILDERNESS AREAS DESIGNATION.— 

12 (1) IN GENERAL.—In accordance with the Wil13 derness Act (16 U.S.C. 1131 et seq.), the following 

14 areas in the State are designated as wilderness areas 

15 and as components of the National Wilderness Preser16 vation System: 

17 (A) BIG JACKS CREEK WILDERNESS.—Cer18 tain land comprising approximately 52,826 

19 acres, as generally depicted on the map entitled 

20 ‘‘Little Jacks Creek and Big Jacks Creek Wilder21 ness’’ and dated May 5, 2008, which shall be 

22 known as the ‘‘Big Jacks Creek Wilderness’’. 

23 (B) BRUNEAU-JARBIDGE RIVERS WILDER24 NESS.—Certain land comprising approximately 

25 89,996 acres, as generally depicted on the map 
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1 entitled ‘‘Bruneau-Jarbidge Rivers Wilderness’’ 

2 and dated December 15, 2008, which shall be 

3 known as the ‘‘Bruneau-Jarbidge Rivers Wilder4 ness’’. 

5 (C) LITTLE JACKS CREEK WILDERNESS.— 

6 Certain land comprising approximately 50,929 

7 acres, as generally depicted on the map entitled 

8 ‘‘Little Jacks Creek and Big Jacks Creek Wilder9 ness’’ and dated May 5, 2008, which shall be 

10 known as the ‘‘Little Jacks Creek Wilderness’’. 

11 (D) NORTH FORK OWYHEE WILDERNESS.— 

12 Certain land comprising approximately 43,413 

13 acres, as generally depicted on the map entitled 

14 ‘‘North Fork Owyhee and Pole Creek Wilderness’’ 

15 and dated May 5, 2008, which shall be known as 

16 the ‘‘North Fork Owyhee Wilderness’’. 

17 (E) OWYHEE RIVER WILDERNESS.—Certain 

18 land comprising approximately 267,328 acres, as 

19 generally depicted on the map entitled ‘‘Owyhee 

20 River Wilderness’’ and dated May 5, 2008, which 

21 shall be known as the ‘‘Owyhee River Wilder22 ness’’. 

23 (F) POLE CREEK WILDERNESS.—Certain 

24 land comprising approximately 12,533 acres, as 

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

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

3 ‘‘Pole Creek Wilderness’’. 

4 (2) MAPS AND LEGAL DESCRIPTIONS.— 

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

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

8 and Natural Resources of the Senate and the 

9 Committee on Natural Resources of the House of 

10 Representatives a map and legal description for 

11 each area designated as wilderness by this sub12 title. 

13 (B) EFFECT.—Each map and legal descrip14 tion submitted under subparagraph (A) shall 

15 have the same force and effect as if included in 

16 this subtitle, except that the Secretary may cor17 rect minor errors in the map or legal descrip18 tion. 

19 (C) AVAILABILITY.—Each map and legal 

20 description submitted under subparagraph (A) 

21 shall be available in the appropriate offices of the 

22 Bureau of Land Management. 

23 (3) RELEASE OF WILDERNESS STUDY AREAS.— 

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

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

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

3 administered by the Bureau of Land Manage4 ment has been adequately studied for wilderness 

5 designation. 

6 (B) RELEASE.—Any public land referred to 

7 in subparagraph (A) that is not designated as 

8 wilderness by this subtitle— 

9 (i) is no longer subject to section 

10 603(c) of the Federal Land Policy and 

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

12 1782(c)); and 

13 (ii) shall be managed in accordance 

14 with the applicable land use plan adopted 

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

16 1712). 

17 (b) ADMINISTRATION.— 

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

19 rights, each area designated as wilderness by this sub20 title shall be administered by the Secretary in accord21 ance with the Wilderness Act (16 U.S.C. 1131 et seq.), 

22 except that— 

23 (A) any reference in that Act to the effective 

24 date shall be considered to be a reference to the 

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

3 reference to the Secretary of the Interior. 

4 (2) WITHDRAWAL.—Subject to valid existing 

5 rights, the Federal land designated as wilderness by 

6 this subtitle is withdrawn from all forms of— 

7 (A) entry, appropriation, or disposal under 

8 the public land laws; 

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

10 mining laws; and 

11 (C) disposition under the mineral leasing, 

12 mineral materials, and geothermal leasing laws. 

13 (3) LIVESTOCK.— 

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

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

17 of the date of enactment of this Act shall be al18 lowed to continue, subject to such reasonable reg19 ulations, policies, and practices as the Secretary 

20 considers necessary, consistent with section 

21 4(d)(4) of the Wilderness Act (16 U.S.C. 

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

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

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

4 and scenic rivers designated by this subtitle. 

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

7 areas designated by this subtitle as the Secretary 

8 determines to be appropriate to enhance wilder9 ness values. 

10 (D) DONATION OF GRAZING PERMITS OR

11 LEASES.— 

12 (i) ACCEPTANCE BY SECRETARY.—The 

13 Secretary shall accept the donation of any 

14 valid existing permits or leases authorizing 

15 grazing on public land, all or a portion of 

16 which is within the wilderness areas des17 ignated by this subtitle. 

18 (ii) TERMINATION.—With respect to 

19 each permit or lease donated under clause 

20 (i), the Secretary shall— 

21 (I) terminate the grazing permit 

22 or lease; and 

23 (II) except as provided in clause 

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

2 or lease. 

3 (iii) COMMON ALLOTMENTS.— 

4 (I) IN GENERAL.—If the land cov5 ered by a permit or lease donated 

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

8 that is not donated under clause (i), 

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

11 by the permit or lease to reflect the do12 nation of the permit or lease under 

13 clause (i). 

14 (II) AUTHORIZED LEVEL.—To en15 sure that there is a permanent reduc16 tion in the level of grazing on the land 

17 covered by a permit or lease donated 

18 under clause (i), the Secretary shall 

19 not allow grazing use to exceed the au20 thorized level established under sub21 clause (I). 

22 (iv) PARTIAL DONATION.— 

23 (I) IN GENERAL.—If a person 

24 holding a valid grazing permit or lease 

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

3 (aa) reduce the authorized 

4 grazing level to reflect the dona5 tion; and 

6 (bb) modify the permit or 

7 lease to reflect the revised level of 

8 use. 

9 (II) AUTHORIZED LEVEL.—To en10 sure that there is a permanent reduc11 tion in the authorized level of grazing 

12 on the land covered by a permit or 

13 lease donated under subclause (I), the 

14 Secretary shall not allow grazing use 

15 to exceed the authorized level estab16 lished under that subclause. 

17 (4) ACQUISITION OF LAND AND INTERESTS IN

18 LAND.— 

19 (A) IN GENERAL.—Consistent with applica20 ble law, the Secretary may acquire land or inter21 ests in land within the boundaries of the wilder22 ness areas designated by this subtitle by pur23 chase, donation, or exchange. 

24 (B) INCORPORATION OF ACQUIRED LAND.— 

25 Any land or interest in land in, or adjoining the 
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1 boundary of, a wilderness area designated by 

2 this subtitle that is acquired by the United 

3 States shall be added to, and administered as 

4 part of, the wilderness area in which the ac5 quired land or interest in land is located. 

6 (5) TRAIL PLAN.— 

7 (A) IN GENERAL.—The Secretary, after pro8 viding opportunities for public comment, shall 

9 establish a trail plan that addresses hiking and 

10 equestrian trails on the land designated as wil11 derness by this subtitle, in a manner consistent 

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

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

14 the date of enactment of this Act, the Secretary 

15 shall submit to Congress a report that describes 

16 the implementation of the trail plan. 

17 (6) OUTFITTING AND GUIDE ACTIVITIES.—Con18 sistent with section 4(d)(5) of the Wilderness Act (16 

19 U.S.C. 1133(d)(5)), commercial services (including 

20 authorized outfitting and guide activities) are author21 ized in wilderness areas designated by this subtitle to 

22 the extent necessary for activities that fulfill the rec23 reational or other wilderness purposes of the areas. 

24 (7) ACCESS TO PRIVATE PROPERTY.—In accord25 ance with section 5(a) of the Wilderness Act (16 
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1 U.S.C. 1134(a)), the Secretary shall provide any 

2 owner of private property within the boundary of a 

3 wilderness area designated by this subtitle adequate 

4 access to the property. 

5 (8) FISH AND WILDLIFE.— 

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

7 affects the jurisdiction of the State with respect 

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

9 (B) MANAGEMENT ACTIVITIES.— 

10 (i) IN GENERAL.—In furtherance of the 

11 purposes and principles of the Wilderness 

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

13 may conduct any management activities 

14 that are necessary to maintain or restore 

15 fish and wildlife populations and habitats 

16 in the wilderness areas designated by this 

17 subtitle, if the management activities are— 

18 (I) consistent with relevant wil19 derness management plans; and 

20 (II) conducted in accordance with 

21 appropriate policies, such as the poli22 cies established in Appendix B of 

23 House Report 101–405. 

24 (ii) INCLUSIONS.—Management activi25 ties under clause (i) may include the occa-
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1 sional and temporary use of motorized vehi2 cles, if the use, as determined by the Sec3 retary, would promote healthy, viable, and 

4 more naturally distributed wildlife popu5 lations that would enhance wilderness val6 ues while causing the minimum impact nec7 essary to accomplish those tasks. 

8 (C) EXISTING ACTIVITIES.—Consistent with 

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

10 1133(d)(1)) and in accordance with appropriate 

11 policies, such as those established in Appendix B 

12 of House Report 101–405, the State may use air13 craft (including helicopters) in the wilderness 

14 areas designated by this subtitle to survey, cap15 ture, transplant, monitor, and provide water for 

16 wildlife populations, including bighorn sheep, 

17 and feral stock, feral horses, and feral burros. 

18 (9) WILDFIRE, INSECT, AND DISEASE MANAGE19 MENT.—Consistent with section 4(d)(1) of the Wilder20 ness Act (16 U.S.C. 1133(d)(1)), the Secretary may 

21 take any measures that the Secretary determines to be 

22 necessary to control fire, insects, and diseases, includ23 ing, as the Secretary determines appropriate, the co24 ordination of those activities with a State or local 

25 agency. 
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1 (10) ADJACENT MANAGEMENT.— 

2 (A) IN GENERAL.—The designation of a 

3 wilderness area by this subtitle shall not create 

4 any protective perimeter or buffer zone around 

5 the wilderness area. 

6 (B) NONWILDERNESS ACTIVITIES.—The fact 

7 that nonwilderness activities or uses can be seen 

8 or heard from areas within a wilderness area 

9 designated by this subtitle shall not preclude the 

10 conduct of those activities or uses outside the 

11 boundary of the wilderness area. 

12 (11) MILITARY OVERFLIGHTS.—Nothing in this 

13 subtitle restricts or precludes— 

14 (A) low-level overflights of military aircraft 

15 over the areas designated as wilderness by this 

16 subtitle, including military overflights that can 

17 be seen or heard within the wilderness areas; 

18 (B) flight testing and evaluation; or 

19 (C) the designation or creation of new units 

20 of special use airspace, or the establishment of 

21 military flight training routes, over the wilder22 ness areas. 

23 (12) WATER RIGHTS.— 

24 (A) IN GENERAL.—The designation of areas 

25 as wilderness by subsection (a) shall not create 
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1 an express or implied reservation by the United 

2 States of any water or water rights for wilder3 ness purposes with respect to such areas. 

4 (B) EXCLUSIONS.—This paragraph does not 

5 apply to any components of the National Wild 

6 and Scenic Rivers System designated by section 

7 1504. 

8 SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS. 

9 (a) IN GENERAL.—Section 3(a) of the Wild and Scenic 

10 Rivers Act (16 U.S.C. 1274(a)) (as amended by section 

11 1203(a)(1)) is amended by adding at the end the following: 

12 ‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 miles 

13 of Battle Creek from the confluence of the Owyhee 

14 River to the upstream boundary of the Owyhee River 

15 Wilderness, to be administered by the Secretary of the 

16 Interior as a wild river. 

17 ‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 

18 miles of Big Jacks Creek from the downstream border 

19 of the Big Jacks Creek Wilderness in sec. 8, T. 8 S., 

R. 4 E., to the point at which it enters the NW 1 20 ⁄4

21 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, to be 

22 administered by the Secretary of the Interior as a 

23 wild river. 

24 ‘‘(182) BRUNEAU RIVER, IDAHO.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the 39.3-mile segment of the 

3 Bruneau River from the downstream boundary 

4 of the Bruneau-Jarbidge Wilderness to the up5 stream confluence with the west fork of the 

6 Bruneau River, to be administered by the Sec7 retary of the Interior as a wild river. 

8 ‘‘(B) EXCEPTION.—Notwithstanding sub9 paragraph (A), the 0.6-mile segment of the 

10 Bruneau River at the Indian Hot Springs public 

11 road access shall be administered by the Sec12 retary of the Interior as a recreational river. 

13 ‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.— 

14 The approximately 0.35 miles of the West Fork of the 

15 Bruneau River from the confluence with the Jarbidge 

16 River to the downstream boundary of the Bruneau 

17 Canyon Grazing Allotment in the SE/NE of sec. 5, T. 

18 13 S., R. 7 E., Boise Meridian, to be administered by 

19 the Secretary of the Interior as a wild river. 

20 ‘‘(184) COTTONWOOD CREEK, IDAHO.—The 2.6 

21 miles of Cottonwood Creek from the confluence with 

22 Big Jacks Creek to the upstream boundary of the Big 

23 Jacks Creek Wilderness, to be administered by the 

24 Secretary of the Interior as a wild river. 
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1 ‘‘(185) DEEP CREEK, IDAHO.—The 13.1-mile seg2 ment of Deep Creek from the confluence with the 

3 Owyhee River to the upstream boundary of the 

4 Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 

5 W., Boise Meridian, to be administered by the Sec6 retary of the Interior as a wild river. 

7 ‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 9.25 

8 miles of Dickshooter Creek from the confluence with 

Deep Creek to a point on the stream 1 9 ⁄4 mile due west 

10 of the east boundary of sec. 16, T. 12 S., R. 2 W., 

11 Boise Meridian, to be administered by the Secretary 

12 of the Interior as a wild river. 

13 ‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile 

14 segment of Duncan Creek from the confluence with 

15 Big Jacks Creek upstream to the east boundary of sec. 

16 18, T. 10 S., R. 4 E., Boise Meridian, to be adminis17 tered by the Secretary of the Interior as a wild river. 

18 ‘‘(188) JARBIDGE RIVER, IDAHO.—The 28.8 

19 miles of the Jarbidge River from the confluence with 

20 the West Fork Bruneau River to the upstream bound21 ary of the Bruneau-Jarbidge Rivers Wilderness, to be 

22 administered by the Secretary of the Interior as a 

23 wild river. 

24 ‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 12.4 

25 miles of Little Jacks Creek from the downstream 
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1 boundary of the Little Jacks Creek Wilderness, up2 stream to the mouth of OX Prong Creek, to be admin3 istered by the Secretary of the Interior as a wild 

4 river. 

5 ‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.— 

6 The following segments of the North Fork of the 

7 Owyhee River, to be administered by the Secretary of 

8 the Interior: 

9 ‘‘(A) The 5.7-mile segment from the Idaho10 Oregon State border to the upstream boundary of 

11 the private land at the Juniper Mt. Road cross12 ing, as a recreational river. 

13 ‘‘(B) The 15.1-mile segment from the up14 stream boundary of the North Fork Owyhee 

15 River recreational segment designated in para16 graph (A) to the upstream boundary of the North 

17 Fork Owyhee River Wilderness, as a wild river. 

18 ‘‘(191) OWYHEE RIVER, IDAHO.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), the 67.3 miles of the Owyhee River 

21 from the Idaho-Oregon State border to the up22 stream boundary of the Owyhee River Wilder23 ness, to be administered by the Secretary of the 

24 Interior as a wild river. 
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1 ‘‘(B) ACCESS.—The Secretary of the Inte2 rior shall allow for continued access across the 

3 Owyhee River at Crutchers Crossing, subject to 

4 such terms and conditions as the Secretary of the 

5 Interior determines to be necessary. 

6 ‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of 

7 Red Canyon from the confluence of the Owyhee River 

8 to the upstream boundary of the Owyhee River Wil9 derness, to be administered by the Secretary of the In10 terior as a wild river. 

11 ‘‘(193) SHEEP CREEK, IDAHO.—The 25.6 miles 

12 of Sheep Creek from the confluence with the Bruneau 

13 River to the upstream boundary of the Bruneau14 Jarbidge Rivers Wilderness, to be administered by the 

15 Secretary of the Interior as a wild river. 

16 ‘‘(194) SOUTH FORK OWYHEE RIVER, IDAHO.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), the 31.4-mile segment of the 

19 South Fork of the Owyhee River upstream from 

20 the confluence with the Owyhee River to the up21 stream boundary of the Owyhee River Wilderness 

22 at the Idaho–Nevada State border, to be admin23 istered by the Secretary of the Interior as a wild 

24 river. 
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1 ‘‘(B) EXCEPTION.—Notwithstanding sub2 paragraph (A), the 1.2-mile segment of the South 

3 Fork of the Owyhee River from the point at 

4 which the river enters the southernmost boundary 

5 to the point at which the river exits the north6 ernmost boundary of private land in sec. 25 and 

7 26, T. 14 S., R. 5 W., Boise Meridian, shall be 

8 administered by the Secretary of the Interior as 

9 a recreational river. 

10 ‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 

11 miles of Wickahoney Creek from the confluence of Big 

12 Jacks Creek to the upstream boundary of the Big 

13 Jacks Creek Wilderness, to be administered by the 

14 Secretary of the Interior as a wild river.’’. 

15 (b) BOUNDARIES.—Notwithstanding section 3(b) of the 

16 Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the bound17 ary of a river segment designated as a component of the 

18 National Wild and Scenic Rivers System under this subtitle 

19 shall extend not more than the shorter of— 

(1) an average distance of 1 20 ⁄4 mile from the high 

21 water mark on both sides of the river segment; or 

22 (2) the distance to the nearest confined canyon 

23 rim. 

24 (c) LAND ACQUISITION.—The Secretary shall not ac25 quire any private land within the exterior boundary of a 
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1 wild and scenic river corridor without the consent of the 

2 owner. 

3 SEC. 1505. LAND IDENTIFIED FOR DISPOSAL. 

4 (a) IN GENERAL.—Consistent with applicable law, the 

5 Secretary may sell public land located within the Boise Dis6 trict of the Bureau of Land Management that, as of July 

7 25, 2000, has been identified for disposal in appropriate 

8 resource management plans. 

9 (b) USE OF PROCEEDS.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law (other than a law that specifically 

12 provides for a proportion of the proceeds of a land 

13 sale to be distributed to any trust fund of the State), 

14 proceeds from the sale of public land under subsection 

15 (a) shall be deposited in a separate account in the 

16 Treasury of the United States to be known as the 

17 ‘‘Owyhee Land Acquisition Account’’. 

18 (2) AVAILABILITY.— 

19 (A) IN GENERAL.—Amounts in the account 

20 shall be available to the Secretary, without fur21 ther appropriation, to purchase land or interests 

22 in land in, or adjacent to, the wilderness areas 

23 designated by this subtitle, including land iden24 tified as ‘‘Proposed for Acquisition’’ on the maps 

25 described in section 1503(a)(1). 
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1 (B) APPLICABLE LAW.—Any purchase of 

2 land or interest in land under subparagraph (A) 

3 shall be in accordance with applicable law. 

4 (3) APPLICABILITY.—This subsection applies to 

5 public land within the Boise District of the Bureau 

6 of Land Management sold on or after January 1, 

7 2008. 

8 (4) ADDITIONAL AMOUNTS.—If necessary, the 

9 Secretary may use additional amounts appropriated 

10 to the Department of the Interior, subject to applica11 ble reprogramming guidelines. 

12 (c) TERMINATION OF AUTHORITY.— 

13 (1) IN GENERAL.—The authority provided under 

14 this section terminates on the earlier of— 

15 (A) the date that is 10 years after the date 

16 of enactment of this Act; or 

17 (B) the date on which a total of $8,000,000 

18 from the account is expended. 

19 (2) AVAILABILITY OF AMOUNTS.—Any amounts 

20 remaining in the account on the termination of au21 thority under this section shall be— 

22 (A) credited as sales of public land in the 

23 State; 

24 (B) transferred to the Federal Land Dis25 posal Account established under section 206(a) of 
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1 the Federal Land Transaction Facilitation Act 

2 (43 U.S.C. 2305(a)); and 

3 (C) used in accordance with that subtitle. 

4 SEC. 1506. TRIBAL CULTURAL RESOURCES. 

5 (a) COORDINATION.—The Secretary shall coordinate 

6 with the Tribes in the implementation of the Shoshone Pai7 ute Cultural Resource Protection Plan. 

8 (b) AGREEMENTS.—The Secretary shall seek to enter 

9 into agreements with the Tribes to implement the Shoshone 

10 Paiute Cultural Resource Protection Plan to protect cul11 tural sites and resources important to the continuation of 

12 the traditions and beliefs of the Tribes. 

13 SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS. 

14 (a) IN GENERAL.—In accordance with the Federal 

15 Land Policy and Management Act of 1976 (43 U.S.C. 1701 

16 et seq.), the Secretary shall, in coordination with the Tribes, 

17 State, and County, prepare 1 or more travel management 

18 plans for motorized and mechanized off-highway vehicle 

19 recreation for the land managed by the Bureau of Land 

20 Management in the County. 

21 (b) INVENTORY.—Before preparing the plan under sub22 section (a), the Secretary shall conduct resource and route 

23 inventories of the area covered by the plan. 

24 (c) LIMITATION TO DESIGNATED ROUTES.— 
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the plan shall limit recreational motorized 

3 and mechanized off-highway vehicle use to a system 

4 of designated roads and trails established by the plan. 

5 (2) EXCEPTION.—Paragraph (1) shall not apply 

6 to snowmobiles. 

7 (d) TEMPORARY LIMITATION.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), until the date on which the Secretary com10 pletes the plan, all recreational motorized and mecha11 nized off-highway vehicle use shall be limited to roads 

12 and trails lawfully in existence on the day before the 

13 date of enactment of this Act. 

14 (2) EXCEPTION.—Paragraph (1) shall not apply 

15 to— 

16 (A) snowmobiles; or 

17 (B) areas specifically identified as open, 

18 closed, or limited in the Owyhee Resource Man19 agement Plan. 

20 (e) SCHEDULE.— 

21 (1) OWYHEE FRONT.—It is the intent of Congress 

22 that, not later than 1 year after the date of enactment 

23 of this Act, the Secretary shall complete a transpor24 tation plan for the Owyhee Front. 
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1 (2) OTHER BUREAU OF LAND MANAGEMENT

2 LAND IN THE COUNTY.—It is the intent of Congress 

3 that, not later than 3 years after the date of enact4 ment of this Act, the Secretary shall complete a trans5 portation plan for Bureau of Land Management land 

6 in the County outside the Owyhee Front. 

7 SEC. 1508. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated such sums as 

9 are necessary to carry out this subtitle. 

10 Subtitle G—Sabinoso Wilderness, 

11 New Mexico 

12 SEC. 1601. DEFINITIONS. 

13 In this subtitle: 

14 (1) MAP.—The term ‘‘map’’ means the map enti15 tled ‘‘Sabinoso Wilderness’’ and dated September 8, 

16 2008. 

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

18 the Secretary of the Interior. 

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

20 of New Mexico. 

21 SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS. 

22 (a) IN GENERAL.—In furtherance of the purposes of 

23 the Wilderness Act (16 U.S.C. 1131 et seq.), the approxi24 mately 16,030 acres of land under the jurisdiction of the 

25 Taos Field Office Bureau of Land Management, New Mex-
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1 ico, as generally depicted on the map, is designated as wil2 derness and as a component of the National Wilderness 

3 Preservation System, to be known as the ‘‘Sabinoso Wilder4 ness’’. 

5 (b) MAP AND LEGAL DESCRIPTION.— 

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

7 the date of enactment of this Act, the Secretary shall 

8 file a map and a legal description of the Sabinoso 

9 Wilderness with— 

10 (A) the Committee on Energy and Natural 

11 Resources of the Senate; and 

12 (B) the Committee on Natural Resources of 

13 the House of Representatives. 

14 (2) FORCE OF LAW.—The map and legal descrip15 tion filed under paragraph (1) shall have the same 

16 force and effect as if included in this subtitle, except 

17 that the Secretary may correct any clerical and typo18 graphical errors in the map and legal description. 

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

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

21 and available for public inspection in the appropriate 

22 offices of the Bureau of Land Management. 

23 (c) ADMINISTRATION OF WILDERNESS.— 

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

25 rights, the Sabinoso Wilderness shall be administered 
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1 by the Secretary in accordance with this subtitle and 

2 the Wilderness Act (16 U.S.C. 1131 et seq.), except 

3 that— 

4 (A) any reference in the Wilderness Act to 

5 the effective date of that Act shall be considered 

6 to be a reference to the date of enactment of this 

7 Act; and 

8 (B) any reference in the Wilderness Act to 

9 the Secretary of Agriculture shall be considered 

10 to be a reference to the Secretary of the Interior. 

11 (2) INCORPORATION OF ACQUIRED LAND AND IN12 TERESTS.—Any land or interest in land within the 

13 boundary of the Sabinoso Wilderness that is acquired 

14 by the United States shall— 

15 (A) become part of the Sabinoso Wilderness; 

16 and 

17 (B) be managed in accordance with this 

18 subtitle and any other laws applicable to the 

19 Sabinoso Wilderness. 

20 (3) GRAZING.—The grazing of livestock in the 

21 Sabinoso Wilderness, if established before the date of 

22 enactment of this Act, shall be administered in ac23 cordance with— 

24 (A) section 4(d)(4) of the Wilderness Act (16 

25 U.S.C. 1133(d)(4)); and 
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1 (B) the guidelines set forth in Appendix A 

2 of the report of the Committee on Interior and 

3 Insular Affairs of the House of Representatives 

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

5 (H. Rept. 101–405). 

6 (4) FISH AND WILDLIFE.—In accordance with 

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

8 1133(d)(7)), nothing in this subtitle affects the juris9 diction of the State with respect to fish and wildlife 

10 in the State. 

11 (5) ACCESS.— 

12 (A) IN GENERAL.—In accordance with sec13 tion 5(a) of the Wilderness Act (16 U.S.C. 

14 1134(a)), the Secretary shall continue to allow 

15 private landowners adequate access to inholdings 

16 in the Sabinoso Wilderness. 

17 (B) CERTAIN LAND.—For access purposes, 

18 private land within T. 16 N., R. 23 E., secs. 17 

and 20 and the N1 19 ⁄2 of sec. 21, N.M.M., shall be 

20 managed as an inholding in the Sabinoso Wil21 derness. 

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

23 the land generally depicted on the map as ‘‘Lands With24 drawn From Mineral Entry’’ and ‘‘Lands Released From 
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1 Wilderness Study Area & Withdrawn From Mineral 

2 Entry’’ is withdrawn from— 

3 (1) all forms of entry, appropriation, and dis4 posal under the public land laws, except disposal by 

5 exchange in accordance with section 206 of the Fed6 eral Land Policy and Management Act of 1976 (43 

7 U.S.C. 1716); 

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

9 laws; and 

10 (3) operation of the mineral materials and geo11 thermal leasing laws. 

12 (e) RELEASE OF WILDERNESS STUDY AREAS.—Con13 gress finds that, for the purposes of section 603(c) of the 

14 Federal Land Policy and Management Act of 1976 (43 

15 U.S.C. 1782(c)), the public lands within the Sabinoso Wil16 derness Study Area not designated as wilderness by this 

17 subtitle— 

18 (1) have been adequately studied for wilderness 

19 designation and are no longer subject to section 

20 603(c) of the Federal Land Policy and Management 

21 Act of 1976 (43 U.S.C. 1782(c)); and 

22 (2) shall be managed in accordance with appli23 cable law (including subsection (d)) and the land use 

24 management plan for the surrounding area. 
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1 Subtitle H—Pictured Rocks 

2 National Lakeshore Wilderness 

3 SEC. 1651. DEFINITIONS. 

4 In this subtitle: 

5 (1) LINE OF DEMARCATION.—The term ‘‘line of 

6 demarcation’’ means the point on the bank or shore 

7 at which the surface waters of Lake Superior meet the 

8 land or sand beach, regardless of the level of Lake Su9 perior. 

10 (2) MAP.—The term ‘‘map’’ means the map enti11 tled ‘‘Pictured Rocks National Lakeshore Beaver 

12 Basin Wilderness Boundary’’, numbered 625/80,051, 

13 and dated April 16, 2007. 

14 (3) NATIONAL LAKESHORE.—The term ‘‘National 

15 Lakeshore’’ means the Pictured Rocks National Lake16 shore. 

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

18 the Secretary of the Interior. 

19 (5) WILDERNESS.—The term ‘‘Wilderness’’ 

20 means the Beaver Basin Wilderness designated by sec21 tion 1652(a). 

22 SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS. 

23 (a) IN GENERAL.—In accordance with the Wilderness 

24 Act (16 U.S.C. 1131 et seq.), the land described in sub25 section (b) is designated as wilderness and as a component 
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1 of the National Wilderness Preservation System, to be 

2 known as the ‘‘Beaver Basin Wilderness’’. 

3 (b) DESCRIPTION OF LAND.—The land referred to in 

4 subsection (a) is the land and inland water comprising ap5 proximately 11,740 acres within the National Lakeshore, as 

6 generally depicted on the map. 

7 (c) BOUNDARY.— 

8 (1) LINE OF DEMARCATION.—The line of demar9 cation shall be the boundary for any portion of the 

10 Wilderness that is bordered by Lake Superior. 

11 (2) SURFACE WATER.—The surface water of 

12 Lake Superior, regardless of the fluctuating lake level, 

13 shall be considered to be outside the boundary of the 

14 Wilderness. 

15 (d) MAP AND LEGAL DESCRIPTION.— 

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

17 file and available for public inspection in the appro18 priate offices of the National Park Service. 

19 (2) LEGAL DESCRIPTION.—As soon as prac20 ticable after the date of enactment of this Act, the Sec21 retary shall submit to the Committee on Energy and 

22 Natural Resources of the Senate and the Committee 

23 on Natural Resources of the House of Representatives 

24 a legal description of the boundary of the Wilderness. 
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1 (3) FORCE AND EFFECT.—The map and the legal 

2 description submitted under paragraph (2) shall have 

3 the same force and effect as if included in this sub4 title, except that the Secretary may correct any cler5 ical or typographical errors in the map and legal de6 scription. 

7 SEC. 1653. ADMINISTRATION. 

8 (a) MANAGEMENT.—Subject to valid existing rights, 

9 the Wilderness shall be administered by the Secretary in 

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

11 except that— 

12 (1) any reference in that Act to the effective date 

13 of that Act shall be considered to be a reference to the 

14 date of enactment of this Act; and 

15 (2) with respect to land administered by the Sec16 retary, any reference in that Act to the Secretary of 

17 Agriculture shall be considered to be a reference to the 

18 Secretary. 

19 (b) USE OF ELECTRIC MOTORS.—The use of boats 

20 powered by electric motors on Little Beaver and Big Beaver 

21 Lakes may continue, subject to any applicable laws (includ22 ing regulations). 

23 SEC. 1654. EFFECT. 

24 Nothing in this subtitle— 

25 (1) modifies, alters, or affects any treaty rights; 
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1 (2) alters the management of the water of Lake 

2 Superior within the boundary of the Pictured Rocks 

3 National Lakeshore in existence on the date of enact4 ment of this Act; or 

5 (3) prohibits— 

6 (A) the use of motors on the surface water 

7 of Lake Superior adjacent to the Wilderness; or 

8 (B) the beaching of motorboats at the line of 

9 demarcation. 

10 Subtitle I—Oregon Badlands 

11 Wilderness 

12 SEC. 1701. DEFINITIONS. 

13 In this subtitle: 

14 (1) DISTRICT.—The term ‘‘District’’ means the 

15 Central Oregon Irrigation District. 

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

17 the Secretary of the Interior. 

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

19 of Oregon. 

20 (4) WILDERNESS MAP.—The term ‘‘wilderness 

21 map’’ means the map entitled ‘‘Badlands Wilderness’’ 

22 and dated September 3, 2008. 

23 SEC. 1702. OREGON BADLANDS WILDERNESS. 

24 (a) DESIGNATION.—In accordance with the Wilderness 

25 Act (16 U.S.C. 1131 et seq.), the approximately 29,301 
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1 acres of Bureau of Land Management land in the State, 

2 as generally depicted on the wilderness map, is designated 

3 as wilderness and as a component of the National Wilder4 ness Preservation System, to be known as the ‘‘Oregon Bad5 lands Wilderness’’. 

6 (b) ADMINISTRATION OF WILDERNESS.— 

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

8 rights, the Oregon Badlands Wilderness shall be ad9 ministered by the Secretary in accordance with the 

10 Wilderness Act (16 U.S.C. 1131 et seq.), except that— 

11 (A) any reference in the Wilderness Act to 

12 the effective date of that Act shall be considered 

13 to be a reference to the date of enactment of this 

14 Act; and 

15 (B) any reference in the Wilderness Act to 

16 the Secretary of Agriculture shall be considered 

17 to be a reference to the Secretary of the Interior. 

18 (2) INCORPORATION OF ACQUIRED LAND AND IN19 TERESTS.—Any land or interest in land within the 

20 boundary of the Oregon Badlands Wilderness that is 

21 acquired by the United States shall— 

22 (A) become part of the Oregon Badlands 

23 Wilderness; and 
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1 (B) be managed in accordance with this 

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

3 seq.), and any other applicable law. 

4 (3) GRAZING.—The grazing of livestock in the 

5 Oregon Badlands Wilderness, if established before the 

6 date of enactment of this Act, shall be permitted to 

7 continue subject to such reasonable regulations as are 

8 considered necessary by the Secretary in accordance 

9 with— 

10 (A) section 4(d)(4) of the Wilderness Act (16 

11 U.S.C. 1133(d)(4)); and 

12 (B) the guidelines set forth in Appendix A 

13 of the report of the Committee on Interior and 

14 Insular Affairs of the House of Representatives 

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

16 (H. Rept. 101–405). 

17 (4) ACCESS TO PRIVATE PROPERTY.—In accord18 ance with section 5(a) of the Wilderness Act (16 

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

20 owner of private property within the boundary of the 

21 Oregon Badlands Wilderness adequate access to the 

22 property. 

23 (c) POTENTIAL WILDERNESS.— 

24 (1) IN GENERAL.—In furtherance of the purposes 

25 of the Wilderness Act (16 U.S.C. 1131 et seq.), a cor-
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1 ridor of certain Federal land managed by the Bureau 

2 of Land Management with a width of 25 feet, as gen3 erally depicted on the wilderness map as ‘‘Potential 

4 Wilderness’’, is designated as potential wilderness. 

5 (2) INTERIM MANAGEMENT.—The potential wil6 derness designated by paragraph (1) shall be managed 

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

8 1131 et seq.), except that the Secretary may allow 

9 nonconforming uses that are authorized and in exist10 ence on the date of enactment of this Act to continue 

11 in the potential wilderness. 

12 (3) DESIGNATION AS WILDERNESS.—On the date 

13 on which the Secretary publishes in the Federal Reg14 ister notice that any nonconforming uses in the po15 tential wilderness designated by paragraph (1) that 

16 are permitted under paragraph (2) have terminated, 

17 the potential wilderness shall be— 

18 (A) designated as wilderness and as a com19 ponent of the National Wilderness Preservation 

20 System; and 

21 (B) incorporated into the Oregon Badlands 

22 Wilderness. 

23 (d) MAP AND LEGAL DESCRIPTION.— 

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

25 the date of enactment of this Act, the Secretary shall 
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1 file a map and legal description of the Oregon Bad2 lands Wilderness with— 

3 (A) the Committee on Energy and Natural 

4 Resources of the Senate; and 

5 (B) the Committee on Natural Resources of 

6 the House of Representatives. 

7 (2) FORCE OF LAW.—The map and legal descrip8 tion filed under paragraph (1) shall have the same 

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

10 that the Secretary may correct typographical errors 

11 in the map and 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 appropriate 

15 offices of the Bureau of Land Management. 

16 SEC. 1703. RELEASE. 

17 (a) FINDING.—Congress finds that, for the purposes of 

18 section 603(c) of the Federal Land Policy and Management 

19 Act of 1976 (43 U.S.C. 1782(c)), the portions of the Bad20 lands wilderness study area that are not designated as the 

21 Oregon Badlands Wilderness or as potential wilderness 

22 have been adequately studied for wilderness or potential 

23 wilderness designation. 
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1 (b) RELEASE.—Any public land described in sub2 section (a) that is not designated as wilderness by this sub3 title— 

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. 1704. LAND EXCHANGES. 

11 (a) CLARNO LAND EXCHANGE.— 

12 (1) CONVEYANCE OF LAND.—Subject to sub13 sections (c) through (e), if the landowner offers to con14 vey to the United States all right, title, and interest 

15 of the landowner in and to the non-Federal land de16 scribed in paragraph (2)(A), the Secretary shall— 

17 (A) accept the offer; and 

18 (B) on receipt of acceptable title to the non19 Federal land, convey to the Landowner all right, 

20 title, and interest of the United States in and to 

21 the Federal land described in paragraph (2)(B). 

22 (2) DESCRIPTION OF LAND.— 

23 (A) NON-FEDERAL LAND.—The non-Federal 

24 land referred to in paragraph (1) is the approxi25 mately 239 acres of non-Federal land identified 
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1 on the wilderness map as ‘‘Clarno to Federal 

2 Government’’. 

3 (B) FEDERAL LAND.—The Federal land re4 ferred to in paragraph (1)(B) is the approxi5 mately 209 acres of Federal land identified on 

6 the wilderness map as ‘‘Federal Government to 

7 Clarno’’. 

8 (3) SURVEYS.—The exact acreage and legal de9 scription of the Federal land and non-Federal land 

10 described in paragraph (2) shall be determined by 

11 surveys approved by the Secretary. 

12 (b) DISTRICT EXCHANGE.— 

13 (1) CONVEYANCE OF LAND.—Subject to sub14 sections (c) through (e), if the District offers to convey 

15 to the United States all right, title, and interest of the 

16 District in and to the non-Federal land described in 

17 paragraph (2)(A), the Secretary shall— 

18 (A) accept the offer; and 

19 (B) on receipt of acceptable title to the non20 Federal land, convey to the District all right, 

21 title, and interest of the United States in and to 

22 the Federal land described in paragraph (2)(B). 

23 (2) DESCRIPTION OF LAND.— 

24 (A) NON-FEDERAL LAND.—The non-Federal 

25 land referred to in paragraph (1) is the approxi-
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1 mately 527 acres of non-Federal land identified 

2 on the wilderness map as ‘‘COID to Federal 

3 Government’’. 

4 (B) FEDERAL LAND.—The Federal land re5 ferred to in paragraph (1)(B) is the approxi6 mately 697 acres of Federal land identified on 

7 the wilderness map as ‘‘Federal Government to 

8 COID’’. 

9 (3) SURVEYS.—The exact acreage and legal de10 scription of the Federal land and non-Federal land 

11 described in paragraph (2) shall be determined by 

12 surveys approved by the Secretary. 

13 (c) APPLICABLE LAW.—Except as otherwise provided 

14 in this section, the Secretary shall carry out the land ex15 changes under this section in accordance with section 206 

16 of the Federal Land Policy and Management Act of 1976 

17 (43 U.S.C. 1716). 

18 (d) VALUATION, APPRAISALS, AND EQUALIZATION.— 

19 (1) IN GENERAL.—The value of the Federal land 

20 and the non-Federal land to be conveyed in a land ex21 change under this section— 

22 (A) shall be equal, as determined by ap23 praisals conducted in accordance with para24 graph (2); or 
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1 (B) if not equal, shall be equalized in ac2 cordance with paragraph (3). 

3 (2) APPRAISALS.— 

4 (A) IN GENERAL.—The Federal land and 

5 the non-Federal land to be exchanged under this 

6 section shall be appraised by an independent, 

7 qualified appraiser that is agreed to by the Sec8 retary and the owner of the non-Federal land to 

9 be exchanged. 

10 (B) REQUIREMENTS.—An appraisal under 

11 subparagraph (A) shall be conducted in accord12 ance with— 

13 (i) the Uniform Appraisal Standards 

14 for Federal Land Acquisitions; and 

15 (ii) the Uniform Standards of Profes16 sional Appraisal Practice. 

17 (3) EQUALIZATION.— 

18 (A) IN GENERAL.—If the value of the Fed19 eral land and the non-Federal land to be con20 veyed in a land exchange under this section is 

21 not equal, the value may be equalized by— 

22 (i) making a cash equalization pay23 ment to the Secretary or to the owner of the 

24 non-Federal land, as appropriate, in ac25 cordance with section 206(b) of the Federal 
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1 Land Policy and Management Act of 1976 

2 (43 U.S.C. 1716(b)); or 

3 (ii) reducing the acreage of the Federal 

4 land or the non-Federal land to be ex5 changed, as appropriate. 

6 (B) CASH EQUALIZATION PAYMENTS.—Any 

7 cash equalization payments received by the Sec8 retary under subparagraph (A)(i) shall be— 

9 (i) deposited in the Federal Land Dis10 posal Account established by section 206(a) 

11 of the Federal Land Transaction Facilita12 tion Act (43 U.S.C. 2305(a)); and 

13 (ii) used in accordance with that Act. 

14 (e) CONDITIONS OF EXCHANGE.— 

15 (1) IN GENERAL.—The land exchanges under this 

16 section shall be subject to such terms and conditions 

17 as the Secretary may require. 

18 (2) COSTS.—As a condition of a conveyance of 

19 Federal land and non-Federal land under this sec20 tion, the Federal Government and the owner of the 

21 non-Federal land shall equally share all costs relating 

22 to the land exchange, including the costs of apprais23 als, surveys, and any necessary environmental clear24 ances. 
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1 (3) VALID EXISTING RIGHTS.—The exchange of 

2 Federal land and non-Federal land under this section 

3 shall be subject to any easements, rights-of-way, and 

4 other valid rights in existence on the date of enact5 ment of this Act. 

6 (f) COMPLETION OF LAND EXCHANGE.—It is the intent 

7 of Congress that the land exchanges under this section shall 

8 be completed not later than 2 years after the date of enact9 ment of this Act. 

10 SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS. 

11 Nothing in this subtitle alters, modifies, enlarges, di12 minishes, or abrogates the treaty rights of any Indian tribe, 

13 including the off-reservation reserved rights secured by the 

14 Treaty with the Tribes and Bands of Middle Oregon of June 

15 25, 1855 (12 Stat. 963). 

16 Subtitle J—Spring Basin 

17 Wilderness, Oregon 

18 SEC. 1751. DEFINITIONS. 

19 In this subtitle: 

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

21 the Secretary of the Interior. 

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

23 of Oregon. 
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1 (3) TRIBES.—The term ‘‘Tribes’’ means the Con2 federated Tribes of the Warm Springs Reservation of 

3 Oregon. 

4 (4) WILDERNESS MAP.—The term ‘‘wilderness 

5 map’’ means the map entitled ‘‘Spring Basin Wilder6 ness with Land Exchange Proposals’’ and dated Sep7 tember 3, 2008. 

8 SEC. 1752. SPRING BASIN WILDERNESS. 

9 (a) DESIGNATION.—In accordance with the Wilderness 

10 Act (16 U.S.C. 1131 et seq.), the approximately 6,382 acres 

11 of Bureau of Land Management land in the State, as gen12 erally depicted on the wilderness map, is designated as wil13 derness and as a component of the National Wilderness 

14 Preservation System, to be known as the ‘‘Spring Basin 

15 Wilderness’’. 

16 (b) ADMINISTRATION OF WILDERNESS.— 

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

18 rights, the Spring Basin Wilderness shall be adminis19 tered by the Secretary in accordance with the Wilder20 ness Act (16 U.S.C. 1131 et seq.), except that— 

21 (A) any reference in the Wilderness Act to 

22 the effective date of that Act shall be considered 

23 to be a reference to the date of enactment of this 

24 Act; and 
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1 (B) any reference in the Wilderness Act to 

2 the Secretary of Agriculture shall be considered 

3 to be a reference to the Secretary of the Interior. 

4 (2) INCORPORATION OF ACQUIRED LAND AND IN5 TERESTS.—Any land or interest in land within the 

6 boundary of the Spring Basin Wilderness that is ac7 quired by the United States shall— 

8 (A) become part of the Spring Basin Wil9 derness; and 

10 (B) be managed in accordance with this 

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

12 and any other applicable law. 

13 (3) GRAZING.—The grazing of livestock in the 

14 Spring Basin Wilderness, if established before the date 

15 of enactment of this Act, shall be permitted to con16 tinue subject to such reasonable regulations as are 

17 considered necessary by the Secretary, in accordance 

18 with— 

19 (A) section 4(d)(4) of the Wilderness Act (16 

20 U.S.C. 1133(d)(4)); and 

21 (B) the guidelines set forth in Appendix A 

22 of the report of the Committee on Interior and 

23 Insular Affairs of the House of Representatives 

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

25 (H. Rept. 101–405). 
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1 (c) MAP AND LEGAL DESCRIPTION.— 

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

3 the date of enactment of this Act, the Secretary shall 

4 file a map and a legal description of the Spring 

5 Basin Wilderness with— 

6 (A) the Committee on Energy and Natural 

7 Resources of the Senate; and 

8 (B) the Committee on Natural Resources of 

9 the House of Representatives. 

10 (2) FORCE OF LAW.—The map and legal descrip11 tion filed under paragraph (1) shall have the same 

12 force and effect as if included in this section, except 

13 that the Secretary may correct any typographical er14 rors in the map and legal description. 

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

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

17 and available for public inspection in the appropriate 

18 offices of the Bureau of Land Management. 

19 SEC. 1753. RELEASE. 

20 (a) FINDING.—Congress finds that, for the purposes of 

21 section 603(c) of the Federal Land Policy and Management 

22 Act of 1976 (43 U.S.C. 1782(c)), the portions of the Spring 

23 Basin wilderness study area that are not designated by sec24 tion 1752(a) as the Spring Basin Wilderness in the fol-
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1 lowing areas have been adequately studied for wilderness 

2 designation: 

(1) T. 8 S., R. 19 E., sec. 10, NE 1⁄4, W 1 3 ⁄2. 

(2) T. 8 S., R.19 E., sec. 25, SE 1⁄4, SE 1 4 ⁄4. 

(3) T. 8 S., R. 20 E., sec. 19, SE 1⁄4, S 1 5 ⁄2 of 

the S 1 6 ⁄2. 

7 (b) RELEASE.—Any public land described in sub8 section (a) that is not designated as wilderness by this sub9 title— 

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 the ap14 plicable land use plan adopted under section 202 of 

15 that Act (43 U.S.C. 1712). 

16 SEC. 1754. LAND EXCHANGES. 

17 (a) CONFEDERATED TRIBES OF THE WARM SPRINGS

18 RESERVATION LAND EXCHANGE.— 

19 (1) CONVEYANCE OF LAND.—Subject to sub20 sections (e) through (g), if the Tribes offer to convey 

21 to the United States all right, title, and interest of the 

22 Tribes in and to the non-Federal land described in 

23 paragraph (2)(A), the Secretary shall— 

24 (A) accept the offer; and 
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1 (B) on receipt of acceptable title to the non2 Federal land, convey to the Tribes all right, title, 

3 and interest of the United States in and to the 

4 Federal land described in paragraph (2)(B). 

5 (2) DESCRIPTION OF LAND.— 

6 (A) NON-FEDERAL LAND.—The non-Federal 

7 land referred to in paragraph (1) is the approxi8 mately 4,480 acres of non-Federal land identi9 fied on the wilderness map as ‘‘Lands proposed 

10 for transfer from the CTWSIR to the Federal 

11 Government’’. 

12 (B) FEDERAL LAND.—The Federal land re13 ferred to in paragraph (1)(B) is the approxi14 mately 4,578 acres of Federal land identified on 

15 the wilderness map as ‘‘Lands proposed for 

16 transfer from the Federal Government to 

17 CTWSIR’’. 

18 (3) SURVEYS.—The exact acreage and legal de19 scription of the Federal land and non-Federal land 

20 described in paragraph (2) shall be determined by 

21 surveys approved by the Secretary. 

22 (4) WITHDRAWAL.—Subject to valid existing 

23 rights, the land acquired by the Secretary under this 

24 subsection is withdrawn from all forms of— 
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1 (A) entry, appropriation, or disposal under 

2 the public land laws; 

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

4 mining laws; and 

5 (C) disposition under any law relating to 

6 mineral and geothermal leasing or mineral ma7 terials. 

8 (b) MCGREER LAND EXCHANGE.— 

9 (1) CONVEYANCE OF LAND.—Subject to sub10 sections (e) through (g), if the landowner offers to con11 vey to the United States all right, title, and interest 

12 of the landowner in and to the non-Federal land de13 scribed in paragraph (2)(A), the Secretary shall— 

14 (A) accept the offer; and 

15 (B) on receipt of acceptable title to the non16 Federal land, convey to the landowner all right, 

17 title, and interest of the United States in and to 

18 the Federal land described in paragraph (2)(B). 

19 (2) DESCRIPTION OF LAND.— 

20 (A) NON-FEDERAL LAND.—The non-Federal 

21 land referred to in paragraph (1) is the approxi22 mately 18 acres of non-Federal land identified 

23 on the wilderness map as ‘‘Lands proposed for 

24 transfer from McGreer to the Federal Govern25 ment’’. 
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1 (B) FEDERAL LAND.—The Federal land re2 ferred to in paragraph (1)(B) is the approxi3 mately 327 acres of Federal land identified on 

4 the wilderness map as ‘‘Lands proposed for 

5 transfer from the Federal Government to 

6 McGreer’’. 

7 (3) SURVEYS.—The exact acreage and legal de8 scription of the Federal land and non-Federal land 

9 described in paragraph (2) shall be determined by 

10 surveys approved by the Secretary. 

11 (c) KEYS LAND EXCHANGE.— 

12 (1) CONVEYANCE OF LAND.—Subject to sub13 sections (e) through (g), if the landowner offers to con14 vey to the United States all right, title, and interest 

15 of the landowner in and to the non-Federal land de16 scribed in paragraph (2)(A), the Secretary shall— 

17 (A) accept the offer; and 

18 (B) on receipt of acceptable title to the non19 Federal land, convey to the landowner all right, 

20 title, and interest of the United States in and to 

21 the Federal land described in paragraph (2)(B). 

22 (2) DESCRIPTION OF LAND.— 

23 (A) NON-FEDERAL LAND.—The non-Federal 

24 land referred to in paragraph (1) is the approxi25 mately 180 acres of non-Federal land identified 
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1 on the wilderness map as ‘‘Lands proposed for 

2 transfer from Keys to the Federal Government’’. 

3 (B) FEDERAL LAND.—The Federal land re4 ferred to in paragraph (1)(B) is the approxi5 mately 187 acres of Federal land identified on 

6 the wilderness map as ‘‘Lands proposed for 

7 transfer from the Federal Government to Keys’’. 

8 (3) SURVEYS.—The exact acreage and legal de9 scription of the Federal land and non-Federal land 

10 described in paragraph (2) shall be determined by 

11 surveys approved by the Secretary. 

12 (d) BOWERMAN LAND EXCHANGE.— 

13 (1) CONVEYANCE OF LAND.—Subject to sub14 sections (e) through (g), if the landowner offers to con15 vey to the United States all right, title, and interest 

16 of the landowner in and to the non-Federal land de17 scribed in paragraph (2)(A), the Secretary shall— 

18 (A) accept the offer; and 

19 (B) on receipt of acceptable title to the non20 Federal land, convey to the landowner all right, 

21 title, and interest of the United States in and to 

22 the Federal land described in paragraph (2)(B). 

23 (2) DESCRIPTION OF LAND.— 

24 (A) NON-FEDERAL LAND.—The non-Federal 

25 land referred to in paragraph (1) is the approxi-
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1 mately 32 acres of non-Federal land identified 

2 on the wilderness map as ‘‘Lands proposed for 

3 transfer from Bowerman to the Federal Govern4 ment’’. 

5 (B) FEDERAL LAND.—The Federal land re6 ferred to in paragraph (1)(B) is the approxi7 mately 24 acres of Federal land identified on the 

8 wilderness map as ‘‘Lands proposed for transfer 

9 from the Federal Government to Bowerman’’. 

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 (e) APPLICABLE LAW.—Except as otherwise provided 

15 in this section, the Secretary shall carry out the land ex16 changes under this section in accordance with section 206 

17 of the Federal Land Policy and Management Act of 1976 

18 (43 U.S.C. 1716). 

19 (f) VALUATION, APPRAISALS, AND EQUALIZATION.— 

20 (1) IN GENERAL.—The value of the Federal land 

21 and the non-Federal land to be conveyed in a land ex22 change under this section— 

23 (A) shall be equal, as determined by ap24 praisals conducted in accordance with para25 graph (2); or 
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1 (B) if not equal, shall be equalized in ac2 cordance with paragraph (3). 

3 (2) APPRAISALS.— 

4 (A) IN GENERAL.—The Federal land and 

5 the non-Federal land to be exchanged under this 

6 section shall be appraised by an independent, 

7 qualified appraiser that is agreed to by the Sec8 retary and the owner of the non-Federal land to 

9 be exchanged. 

10 (B) REQUIREMENTS.—An appraisal under 

11 subparagraph (A) shall be conducted in accord12 ance with— 

13 (i) the Uniform Appraisal Standards 

14 for Federal Land Acquisitions; and 

15 (ii) the Uniform Standards of Profes16 sional Appraisal Practice. 

17 (3) EQUALIZATION.— 

18 (A) IN GENERAL.—If the value of the Fed19 eral land and the non-Federal land to be con20 veyed in a land exchange under this section is 

21 not equal, the value may be equalized by— 

22 (i) making a cash equalization pay23 ment to the Secretary or to the owner of the 

24 non-Federal land, as appropriate, in ac25 cordance with section 206(b) of the Federal 
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1 Land Policy and Management Act of 1976 

2 (43 U.S.C. 1716(b)); or 

3 (ii) reducing the acreage of the Federal 

4 land or the non-Federal land to be ex5 changed, as appropriate. 

6 (B) CASH EQUALIZATION PAYMENTS.—Any 

7 cash equalization payments received by the Sec8 retary under subparagraph (A)(i) shall be— 

9 (i) deposited in the Federal Land Dis10 posal Account established by section 206(a) 

11 of the Federal Land Transaction Facilita12 tion Act (43 U.S.C. 2305(a)); and 

13 (ii) used in accordance with that Act. 

14 (g) CONDITIONS OF EXCHANGE.— 

15 (1) IN GENERAL.—The land exchanges under this 

16 section shall be subject to such terms and conditions 

17 as the Secretary may require. 

18 (2) COSTS.—As a condition of a conveyance of 

19 Federal land and non-Federal land under this sec20 tion, the Federal Government and the owner of the 

21 non-Federal land shall equally share all costs relating 

22 to the land exchange, including the costs of apprais23 als, surveys, and any necessary environmental clear24 ances. 
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1 (3) VALID EXISTING RIGHTS.—The exchange of 

2 Federal land and non-Federal land under this section 

3 shall be subject to any easements, rights-of-way, and 

4 other valid rights in existence on the date of enact5 ment of this Act. 

6 (h) COMPLETION OF LAND EXCHANGE.—It is the in7 tent of Congress that the land exchanges under this section 

8 shall be completed not later than 2 years after the date of 

9 enactment of this Act. 

10 SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS. 

11 Nothing in this subtitle alters, modifies, enlarges, di12 minishes, or abrogates the treaty rights of any Indian tribe, 

13 including the off-reservation reserved rights secured by the 

14 Treaty with the Tribes and Bands of Middle Oregon of June 

15 25, 1855 (12 Stat. 963). 

16 Subtitle K—Eastern Sierra and 

17 Northern San Gabriel Wilder18 ness, California 

19 SEC. 1801. DEFINITIONS. 

20 In this subtitle: 

21 (1) FOREST.—The term ‘‘Forest’’ means the An22 cient Bristlecone Pine Forest designated by section 

23 1808(a). 
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1 (2) RECREATION AREA.—The term ‘‘Recreation 

2 Area’’ means the Bridgeport Winter Recreation Area 

3 designated by section 1806(a). 

4 (3) SECRETARY.—The term ‘‘Secretary’’ 

5 means— 

6 (A) with respect to land under the jurisdic7 tion of the Secretary of Agriculture, the Sec8 retary of Agriculture; and 

9 (B) with respect to land under the jurisdic10 tion of the Secretary of the Interior, the Sec11 retary of the Interior. 

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

13 of California. 

14 (5) TRAIL.—The term ‘‘Trail’’ means the Pacific 

15 Crest National Scenic Trail. 

16 SEC. 1802. DESIGNATION OF WILDERNESS AREAS. 

17 In accordance with the Wilderness Act (16 U.S.C. 1131 

18 et seq.), the following areas in the State are designated as 

19 wilderness and as components of the National Wilderness 

20 Preservation System: 

21 (1) HOOVER WILDERNESS ADDITIONS.— 

22 (A) IN GENERAL.—Certain land in the 

23 Humboldt-Toiyabe and Inyo National Forests, 

24 comprising approximately 79,820 acres and 

25 identified as ‘‘Hoover East Wilderness Addi-
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1 tion,’’ ‘‘Hoover West Wilderness Addition’’, and 

2 ‘‘Bighorn Proposed Wilderness Addition’’, as 

3 generally depicted on the maps described in sub4 paragraph (B), is incorporated in, and shall be 

5 considered to be a part of, the Hoover Wilder6 ness. 

7 (B) DESCRIPTION OF MAPS.—The maps re8 ferred to in subparagraph (A) are— 

9 (i) the map entitled ‘‘Humboldt10 Toiyabe National Forest Proposed Manage11 ment’’ and dated September 17, 2008; and 

12 (ii) the map entitled ‘‘Bighorn Pro13 posed Wilderness Additions’’ and dated Sep14 tember 23, 2008. 

15 (C) EFFECT.—The designation of the wil16 derness under subparagraph (A) shall not affect 

17 the ongoing activities of the adjacent United 

18 States Marine Corps Mountain Warfare Train19 ing Center on land outside the designated wilder20 ness, in accordance with the agreement between 

21 the Center and the Humboldt-Toiyabe National 

22 Forest. 

23 (2) OWENS RIVER HEADWATERS WILDERNESS.— 

24 Certain land in the Inyo National Forest, comprising 

25 approximately 14,721 acres, as generally depicted on 
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1 the map entitled ‘‘Owens River Headwaters Proposed 

2 Wilderness’’ and dated September 16, 2008, which 

3 shall be known as the ‘‘Owens River Headwaters Wil4 derness’’. 

5 (3) JOHN MUIR WILDERNESS ADDITIONS.— 

6 (A) IN GENERAL.—Certain land in the Inyo 

7 National Forest and certain land administered 

8 by the Bureau of Land Management in Inyo 

9 County, California, comprising approximately 

10 70,411 acres, as generally depicted on the maps 

11 described in subparagraph (B), is incorporated 

12 in, and shall be considered to be a part of, the 

13 John Muir Wilderness. 

14 (B) DESCRIPTION OF MAPS.—The maps re15 ferred to in subparagraph (A) are— 

16 (i) the map entitled ‘‘John Muir Pro17 posed Wilderness Addition (1 of 5)’’ and 

18 dated September 23, 2008; 

19 (ii) the map entitled ‘‘John Muir Pro20 posed Wilderness Addition (2 of 5)’’ and 

21 dated September 23, 2008; 

22 (iii) the map entitled ‘‘John Muir Pro23 posed Wilderness Addition (3 of 5)’’ and 

24 dated October 31, 2008; 
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1 (iv) the map entitled ‘‘John Muir Pro2 posed Wilderness Addition (4 of 5)’’ and 

3 dated September 16, 2008; and 

4 (v) the map entitled ‘‘John Muir Pro5 posed Wilderness Addition (5 of 5)’’ and 

6 dated September 16, 2008. 

7 (C) BOUNDARY REVISION.—The boundary of 

8 the John Muir Wilderness is revised as depicted 

9 on the map entitled ‘‘John Muir Wilderness— 

10 Revised’’ and dated September 16, 2008. 

11 (4) ANSEL ADAMS WILDERNESS ADDITION.—Cer12 tain land in the Inyo National Forest, comprising 

13 approximately 528 acres, as generally depicted on the 

14 map entitled ‘‘Ansel Adams Proposed Wilderness Ad15 dition’’ and dated September 16, 2008, is incor16 porated in, and shall be considered to be a part of, 

17 the Ansel Adams Wilderness. 

18 (5) WHITE MOUNTAINS WILDERNESS.— 

19 (A) IN GENERAL.—Certain land in the Inyo 

20 National Forest and certain land administered 

21 by the Bureau of Land Management in Mono 

22 County, California, comprising approximately 

23 229,993 acres, as generally depicted on the maps 

24 described in subparagraph (B), which shall be 

25 known as the ‘‘White Mountains Wilderness’’. 
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1 (B) DESCRIPTION OF MAPS.—The maps re2 ferred to in subparagraph (A) are— 

3 (i) the map entitled ‘‘White Mountains 

4 Proposed Wilderness-Map 1 of 2 (North)’’ 

5 and dated September 16, 2008; and 

6 (ii) the map entitled ‘‘White Moun7 tains Proposed Wilderness-Map 2 of 2 

8 (South)’’ and dated September 16, 2008. 

9 (6) GRANITE MOUNTAIN WILDERNESS.—Certain 

10 land in the Inyo National Forest and certain land 

11 administered by the Bureau of Land Management in 

12 Mono County, California, comprising approximately 

13 34,342 acres, as generally depicted on the map enti14 tled ‘‘Granite Mountain Wilderness’’ and dated Sep15 tember 19, 2008, which shall be known as the ‘‘Gran16 ite Mountain Wilderness’’. 

17 (7) MAGIC MOUNTAIN WILDERNESS.—Certain 

18 land in the Angeles National Forest, comprising ap19 proximately 12,282 acres, as generally depicted on the 

20 map entitled ‘‘Magic Mountain Proposed Wilderness’’ 

21 and dated December 16, 2008, which shall be known 

22 as the ‘‘Magic Mountain Wilderness’’. 

23 (8) PLEASANT VIEW RIDGE WILDERNESS.—Cer24 tain land in the Angeles National Forest, comprising 

25 approximately 26,757 acres, as generally depicted on 
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1 the map entitled ‘‘Pleasant View Ridge Proposed Wil2 derness’’ and dated December 16, 2008, which shall be 

3 known as the ‘‘Pleasant View Ridge Wilderness’’. 

4 SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS. 

5 (a) MANAGEMENT.—Subject to valid existing rights, 

6 the Secretary shall administer the wilderness areas and wil7 derness additions designated by this subtitle in accordance 

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

9 that— 

10 (1) any reference in that Act to the effective date 

11 shall be considered to be a reference to the date of en12 actment of this Act; and 

13 (2) any reference in that Act to the Secretary of 

14 Agriculture shall be considered to be a reference to the 

15 Secretary that has jurisdiction over the land. 

16 (b) MAP AND LEGAL DESCRIPTION.— 

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

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

19 file a map and legal description of each wilderness 

20 area and wilderness addition designated by this sub21 title with— 

22 (A) the Committee on Natural Resources of 

23 the House of Representatives; and 

24 (B) the Committee on Energy and Natural 

25 Resources of the Senate. 
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1 (2) FORCE OF LAW.—Each map and legal de2 scription filed under paragraph (1) shall have the 

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

4 except that the Secretary may correct any errors in 

5 the map and legal description. 

6 (3) PUBLIC AVAILABILITY.—Each map and legal 

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

8 and available for public inspection in the appropriate 

9 offices of the Secretary. 

10 (c) INCORPORATION OF ACQUIRED LAND AND INTER11 ESTS.—Any land (or interest in land) within the boundary 

12 of a wilderness area or wilderness addition designated by 

13 this subtitle that is acquired by the Federal Government 

14 shall— 

15 (1) become part of the wilderness area in which 

16 the land is located; and 

17 (2) be managed in accordance with this subtitle, 

18 the Wilderness Act (16 U.S.C. 1131 et seq.), and any 

19 other applicable law. 

20 (d) WITHDRAWAL.—Subject to valid rights in existence 

21 on the date of enactment of this Act, any Federal land des22 ignated as a wilderness area or wilderness addition by this 

23 subtitle is withdrawn from— 

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

25 under the public land laws; 
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1 (2) location, entry, and patent under the mining 

2 laws; and 

3 (3) disposition under laws relating to mineral 

4 and geothermal leasing or mineral materials. 

5 (e) FIRE MANAGEMENT AND RELATED ACTIVITIES.— 

6 (1) IN GENERAL.—The Secretary may take such 

7 measures in a wilderness area or wilderness addition 

8 designated by this subtitle as are necessary for the 

9 control of fire, insects, and diseases in accordance 

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

11 1133(d)(1)) and House Report 98–40 of the 98th Con12 gress. 

13 (2) FUNDING PRIORITIES.—Nothing in this sub14 title limits funding for fire and fuels management in 

15 the wilderness areas and wilderness additions des16 ignated by this subtitle. 

17 (3) REVISION AND DEVELOPMENT OF LOCAL FIRE

18 MANAGEMENT PLANS.—As soon as practicable after 

19 the date of enactment of this Act, the Secretary shall 

20 amend the local fire management plans that apply to 

21 the land designated as a wilderness area or wilderness 

22 addition by this subtitle. 

23 (4) ADMINISTRATION.—Consistent with para24 graph (1) and other applicable Federal law, to ensure 

25 a timely and efficient response to fire emergencies in 
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1 the wilderness areas and wilderness additions des2 ignated by this subtitle, the Secretary shall— 

3 (A) not later than 1 year after the date of 

4 enactment of this Act, establish agency approval 

5 procedures (including appropriate delegations of 

6 authority to the Forest Supervisor, District Man7 ager, or other agency officials) for responding to 

8 fire emergencies; and 

9 (B) enter into agreements with appropriate 

10 State or local firefighting agencies. 

11 (f) ACCESS TO PRIVATE PROPERTY.—The Secretary 

12 shall provide any owner of private property within the 

13 boundary of a wilderness area or wilderness addition des14 ignated by this subtitle adequate access to the property to 

15 ensure the reasonable use and enjoyment of the property by 

16 the owner. 

17 (g) MILITARY ACTIVITIES.—Nothing in this subtitle 

18 precludes— 

19 (1) low-level overflights of military aircraft over 

20 the wilderness areas or wilderness additions des21 ignated by this subtitle; 

22 (2) the designation of new units of special air23 space over the wilderness areas or wilderness addi24 tions designated by this subtitle; or 
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1 (3) the use or establishment of military flight 

2 training routes over wilderness areas or wilderness 

3 additions designated by this subtitle. 

4 (h) LIVESTOCK.—Grazing of livestock and the mainte5 nance of existing facilities relating to grazing in wilderness 

6 areas or wilderness additions designated by this subtitle, 

7 if established before the date of enactment of this Act, shall 

8 be permitted to continue in accordance with— 

9 (1) section 4(d)(4) of the Wilderness Act (16 

10 U.S.C. 1133(d)(4)); and 

11 (2) the guidelines set forth in Appendix A of the 

12 report of the Committee on Interior and Insular Af13 fairs of the House of Representatives accompanying 

14 H.R. 2570 of the 101st Congress (H. Rept. 101–405). 

15 (i) FISH AND WILDLIFE MANAGEMENT.— 

16 (1) IN GENERAL.—In furtherance of the purposes 

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

18 Secretary may carry out management activities to 

19 maintain or restore fish and wildlife populations and 

20 fish and wildlife habitats in wilderness areas or wil21 derness additions designated by this subtitle if the ac22 tivities are— 

23 (A) consistent with applicable wilderness 

24 management plans; and 
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1 (B) carried out in accordance with applica2 ble guidelines and policies. 

3 (2) STATE JURISDICTION.—Nothing in this sub4 title affects the jurisdiction of the State with respect 

5 to fish and wildlife on public land located in the 

6 State. 

7 (j) HORSES.—Nothing in this subtitle precludes horse8 back riding in, or the entry of recreational or commercial 

9 saddle or pack stock into, an area designated as wilderness 

10 or as a wilderness addition by this subtitle— 

11 (1) in accordance with section 4(d)(5) of the Wil12 derness Act (16 U.S.C. 1133(d)(5)); and 

13 (2) subject to any terms and conditions deter14 mined to be necessary by the Secretary. 

15 (k) OUTFITTER AND GUIDE USE.—Outfitter and guide 

16 activities conducted under permits issued by the Forest 

17 Service on the additions to the John Muir, Ansel Adams, 

18 and Hoover wilderness areas designated by this subtitle 

19 shall be in addition to any existing limits established for 

20 the John Muir, Ansel Adams, and Hoover wilderness areas. 

21 (l) TRANSFER TO THE FOREST SERVICE.— 

22 (1) WHITE MOUNTAINS WILDERNESS.—Adminis23 trative jurisdiction over the approximately 946 acres 

24 of land identified as ‘‘Transfer of Administrative Ju25 risdiction from BLM to FS’’ on the maps described 
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1 in section 1802(5)(B) is transferred from the Bureau 

2 of Land Management to the Forest Service to be man3 aged as part of the White Mountains Wilderness. 

4 (2) JOHN MUIR WILDERNESS.—Administrative 

5 jurisdiction over the approximately 143 acres of land 

6 identified as ‘‘Transfer of Administrative Jurisdiction 

7 from BLM to FS’’ on the maps described in section 

8 1802(3)(B) is transferred from the Bureau of Land 

9 Management to the Forest Service to be managed as 

10 part of the John Muir Wilderness. 

11 (m) TRANSFER TO THE BUREAU OF LAND MANAGE12 MENT.—Administrative jurisdiction over the approximately 

13 3,010 acres of land identified as ‘‘Land from FS to BLM’’ 

14 on the maps described in section 1802(6) is transferred from 

15 the Forest Service to the Bureau of Land Management to 

16 be managed as part of the Granite Mountain Wilderness. 

17 SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS. 

18 (a) FINDING.—Congress finds that, for purposes of sec19 tion 603 of the Federal Land Policy and Management Act 

20 of 1976 (43 U.S.C. 1782), any portion of a wilderness study 

21 area described in subsection (b) that is not designated as 

22 a wilderness area or wilderness addition by this subtitle 

23 or any other Act enacted before the date of enactment of 

24 this Act has been adequately studied for wilderness. 
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1 (b) DESCRIPTION OF STUDY AREAS.—The study areas 

2 referred to in subsection (a) are— 

3 (1) the Masonic Mountain Wilderness Study 

4 Area; 

5 (2) the Mormon Meadow Wilderness Study Area; 

6 (3) the Walford Springs Wilderness Study Area; 

7 and 

8 (4) the Granite Mountain Wilderness Study 

9 Area. 

10 (c) RELEASE.—Any portion of a wilderness study area 

11 described in subsection (b) that is not designated as a wil12 derness area or wilderness addition by this subtitle or any 

13 other Act enacted before the date of enactment of this Act 

14 shall not be subject to section 603(c) of the Federal Land 

15 Policy and Management Act of 1976 (43 U.S.C. 1782(c)). 

16 SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS. 

17 (a) IN GENERAL.—Section 3(a) of the Wild and Scenic 

18 Rivers Act (16 U.S.C. 1274(a)) (as amended by section 

19 1504(a)) is amended by adding at the end the following: 

20 ‘‘(196) AMARGOSA RIVER, CALIFORNIA.—The fol21 lowing segments of the Amargosa River in the State 

22 of California, to be administered by the Secretary of 

23 the Interior: 

24 ‘‘(A) The approximately 4.1-mile segment of 

25 the Amargosa River from the northern boundary 
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1 of sec. 7, T. 21 N., R. 7 E., to 100 feet upstream 

2 of the Tecopa Hot Springs road crossing, as a 

3 scenic river. 

4 ‘‘(B) The approximately 8-mile segment of 

5 the Amargosa River from 100 feet downstream of 

6 the Tecopa Hot Springs Road crossing to 100 

7 feet upstream of the Old Spanish Trail Highway 

8 crossing near Tecopa, as a scenic river. 

9 ‘‘(C) The approximately 7.9-mile segment of 

10 the Amargosa River from the northern boundary 

11 of sec. 16, T. 20 N., R. 7 E., to .25 miles up12 stream of the confluence with Sperry Wash in 

13 sec. 10, T. 19 N., R. 7 E., as a wild river. 

14 ‘‘(D) The approximately 4.9-mile segment of 

15 the Amargosa River from .25 miles upstream of 

16 the confluence with Sperry Wash in sec. 10, T. 

17 19 N., R. 7 E. to 100 feet upstream of the Du18 mont Dunes access road crossing in sec. 32, T. 

19 19 N., R. 7 E., as a recreational river. 

20 ‘‘(E) The approximately 1.4-mile segment of 

21 the Amargosa River from 100 feet downstream of 

22 the Dumont Dunes access road crossing in sec. 

23 32, T. 19 N., R. 7 E., as a recreational river. 

24 ‘‘(197) OWENS RIVER HEADWATERS, CALI25 FORNIA.—The following segments of the Owens River 
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1 in the State of California, to be administered by the 

2 Secretary of Agriculture: 

3 ‘‘(A) The 2.3-mile segment of Deadman 

4 Creek from the 2-forked source east of San Joa5 quin Peak to the confluence with the unnamed 

6 tributary flowing north into Deadman Creek 

7 from sec. 12, T. 3 S., R. 26 E., as a wild river. 

8 ‘‘(B) The 2.3-mile segment of Deadman 

9 Creek from the unnamed tributary confluence in 

10 sec. 12, T. 3 S., R. 26 E., to the Road 3S22 

11 crossing, as a scenic river. 

12 ‘‘(C) The 4.1-mile segment of Deadman 

13 Creek from the Road 3S22 crossing to .25 miles 

14 downstream of the Highway 395 crossing, as a 

15 recreational river. 

16 ‘‘(D) The 3-mile segment of Deadman Creek 

17 from .25 miles downstream of the Highway 395 

18 crossing to 100 feet upstream of Big Springs, as 

19 a scenic river. 

20 ‘‘(E) The 1-mile segment of the Upper 

21 Owens River from 100 feet upstream of Big 

22 Springs to the private property boundary in sec. 

23 19, T. 2 S., R. 28 E., as a recreational river. 

24 ‘‘(F) The 4-mile segment of Glass Creek 

25 from its 2-forked source to 100 feet upstream of 
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1 the Glass Creek Meadow Trailhead parking area 

2 in sec. 29, T. 2 S., R.27 E., as a wild river. 

3 ‘‘(G) The 1.3-mile segment of Glass Creek 

4 from 100 feet upstream of the trailhead parking 

5 area in sec. 29 to the end of Glass Creek Road 

6 in sec. 21, T. 2 S., R. 27 E., as a scenic river. 

7 ‘‘(H) The 1.1-mile segment of Glass Creek 

8 from the end of Glass Creek Road in sec. 21, T. 

9 2 S., R. 27 E., to the confluence with Deadman 

10 Creek, as a recreational river. 

11 ‘‘(198) COTTONWOOD CREEK, CALIFORNIA.—The 

12 following segments of Cottonwood Creek in the State 

13 of California: 

14 ‘‘(A) The 17.4-mile segment from its head15 waters at the spring in sec. 27, T 4 S., R. 34 

16 E., to the Inyo National Forest boundary at the 

17 east section line of sec 3, T. 6 S., R. 36 E., as 

18 a wild river to be administered by the Secretary 

19 of Agriculture. 

20 ‘‘(B) The 4.1-mile segment from the Inyo 

21 National Forest boundary to the northern bound22 ary of sec. 5, T.4 S., R. 34 E., as a recreational 

23 river, to be administered by the Secretary of the 

24 Interior. 
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1 ‘‘(199) PIRU CREEK, CALIFORNIA.—The fol2 lowing segments of Piru Creek in the State of Cali3 fornia, to be administered by the Secretary of Agri4 culture: 

5 ‘‘(A) The 3-mile segment of Piru Creek from 

6 0.5 miles downstream of Pyramid Dam at the 

7 first bridge crossing to the boundary of the Sespe 

8 Wilderness, as a recreational river. 

9 ‘‘(B) The 4.25-mile segment from the bound10 ary of the Sespe Wilderness to the boundary be11 tween Los Angeles and Ventura Counties, as a 

12 wild river.’’. 

13 (b) EFFECT.—The designation of Piru Creek under 

14 subsection (a) shall not affect valid rights in existence on 

15 the date of enactment of this Act. 

16 SEC. 1806. BRIDGEPORT WINTER RECREATION AREA. 

17 (a) DESIGNATION.—The approximately 7,254 acres of 

18 land in the Humboldt-Toiyabe National Forest identified 

19 as the ‘‘Bridgeport Winter Recreation Area’’, as generally 

20 depicted on the map entitled ‘‘Humboldt-Toiyabe National 

21 Forest Proposed Management’’ and dated September 17, 

22 2008, is designated as the Bridgeport Winter Recreation 

23 Area. 

24 (b) MAP AND LEGAL DESCRIPTION.— 
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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary shall 

3 file a map and legal description of the Recreation 

4 Area with— 

5 (A) the Committee on Natural Resources of 

6 the House of Representatives; and 

7 (B) the Committee on Energy and Natural 

8 Resources of the Senate. 

9 (2) FORCE OF LAW.—The map and legal descrip10 tion filed under paragraph (1) shall have the same 

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

12 that the Secretary may correct any errors in the map 

13 and legal description. 

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

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

16 and available for public inspection in the appropriate 

17 offices of the Forest Service. 

18 (c) MANAGEMENT.— 

19 (1) INTERIM MANAGEMENT.—Until completion of 

20 the management plan required under subsection (d), 

21 and except as provided in paragraph (2), the Recre22 ation Area shall be managed in accordance with the 

23 Toiyabe National Forest Land and Resource Manage24 ment Plan of 1986 (as in effect on the day of enact25 ment of this Act). 
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1 (2) USE OF SNOWMOBILES.—The winter use of 

2 snowmobiles shall be allowed in the Recreation 

3 Area— 

4 (A) during periods of adequate snow cov5 erage during the winter season; and 

6 (B) subject to any terms and conditions de7 termined to be necessary by the Secretary. 

8 (d) MANAGEMENT PLAN.—To ensure the sound man9 agement and enforcement of the Recreation Area, the Sec10 retary shall, not later than 1 year after the date of enact11 ment of this Act, undergo a public process to develop a win12 ter use management plan that provides for— 

13 (1) adequate signage; 

14 (2) a public education program on allowable 

15 usage areas; 

16 (3) measures to ensure adequate sanitation; 

17 (4) a monitoring and enforcement strategy; and 

18 (5) measures to ensure the protection of the 

19 Trail. 

20 (e) ENFORCEMENT.—The Secretary shall prioritize en21 forcement activities in the Recreation Area— 

22 (1) to prohibit degradation of natural resources 

23 in the Recreation Area; 

24 (2) to prevent interference with nonmotorized 

25 recreation on the Trail; and 
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1 (3) to reduce user conflicts in the Recreation 

2 Area. 

3 (f) PACIFIC CREST NATIONAL SCENIC TRAIL.—The 

4 Secretary shall establish an appropriate snowmobile cross5 ing point along the Trail in the area identified as ‘‘Pacific 

6 Crest Trail Proposed Crossing Area’’ on the map entitled 

7 ‘‘Humboldt-Toiyable National Forest Proposed Manage8 ment’’ and dated September 17, 2008— 

9 (1) in accordance with— 

10 (A) the National Trails System Act (16 

11 U.S.C. 1241 et seq.); and 

12 (B) any applicable environmental and pub13 lic safety laws; and 

14 (2) subject to the terms and conditions the Sec15 retary determines to be necessary to ensure that the 

16 crossing would not— 

17 (A) interfere with the nature and purposes 

18 of the Trail; or 

19 (B) harm the surrounding landscape. 

20 SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT21 TOIYABE NATIONAL FOREST. 

22 Certain land in the Humboldt-Toiyabe National For23 est, comprising approximately 3,690 acres identified as 

24 ‘‘Pickel Hill Management Area’’, as generally depicted on 

25 the map entitled ‘‘Humboldt-Toiyabe National Forest Pro-
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1 posed Management’’ and dated September 17, 2008, shall 

2 be managed in a manner consistent with the non-Wilder3 ness forest areas immediately surrounding the Pickel Hill 

4 Management Area, including the allowance of snowmobile 

5 use. 

6 SEC. 1808. ANCIENT BRISTLECONE PINE FOREST. 

7 (a) DESIGNATION.—To conserve and protect the An8 cient Bristlecone Pines by maintaining near-natural condi9 tions and to ensure the survival of the Pines for the purposes 

10 of public enjoyment and scientific study, the approximately 

11 31,700 acres of public land in the State, as generally de12 picted on the map entitled ‘‘Ancient Bristlecone Pine For13 est—Proposed’’ and dated July 16, 2008, is designated as 

14 the ‘‘Ancient Bristlecone Pine Forest’’. 

15 (b) MAP AND LEGAL DESCRIPTION.— 

16 (1) IN GENERAL.—As soon as practicable, but 

17 not later than 3 years after the date of enactment of 

18 this Act, the Secretary shall file a map and legal de19 scription of the Forest with— 

20 (A) the Committee on Natural Resources of 

21 the House of Representatives; and 

22 (B) the Committee on Energy and Natural 

23 Resources of the Senate. 

24 (2) FORCE OF LAW.—The map and legal descrip25 tion filed under paragraph (1) shall have the same 
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1 force and effect as if included in this subtitle, except 

2 that the Secretary may correct any errors in the map 

3 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 Forest Service. 

8 (c) MANAGEMENT.— 

9 (1) IN GENERAL.—The Secretary shall admin10 ister the Forest— 

11 (A) in a manner that— 

12 (i) protect the resources and values of 

13 the area in accordance with the purposes for 

14 which the Forest is established, as described 

15 in subsection (a); and 

16 (ii) promotes the objectives of the ap17 plicable management plan (as in effect on 

18 the date of enactment of this Act), including 

19 objectives relating to— 

20 (I) the protection of bristlecone 

21 pines for public enjoyment and sci22 entific study; 

23 (II) the recognition of the botan24 ical, scenic, and historical values of the 

25 area; and 
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1 (III) the maintenance of near-nat2 ural conditions by ensuring that all 

3 activities are subordinate to the needs 

4 of protecting and preserving bristlecone 

5 pines and wood remnants; and 

6 (B) in accordance with the National Forest 

7 Management Act of 1976 (16 U.S.C. 1600 et 

8 seq.), this section, and any other applicable laws. 

9 (2) USES.— 

10 (A) IN GENERAL.—The Secretary shall 

11 allow only such uses of the Forest as the Sec12 retary determines would further the purposes for 

13 which the Forest is established, as described in 

14 subsection (a). 

15 (B) SCIENTIFIC RESEARCH.—Scientific re16 search shall be allowed in the Forest in accord17 ance with the Inyo National Forest Land and 

18 Resource Management Plan (as in effect on the 

19 date of enactment of this Act). 

20 (3) WITHDRAWAL.—Subject to valid existing 

21 rights, all Federal land within the Forest is with22 drawn from— 

23 (A) all forms of entry, appropriation or dis24 posal under the public land laws; 
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1 (B) location, entry, and patent under the 

2 mining laws; and 

3 (C) disposition under all laws relating to 

4 mineral and geothermal leasing or mineral ma5 terials. 

6 Subtitle L—Riverside County 

7 Wilderness, California 

8 SEC. 1851. WILDERNESS DESIGNATION. 

9 (a) DEFINITION OF SECRETARY.—In this section, the 

10 term ‘‘Secretary’’ means— 

11 (1) with respect to land under the jurisdiction of 

12 the Secretary of Agriculture, the Secretary of Agri13 culture; and 

14 (2) with respect to land under the jurisdiction of 

15 the Secretary of the Interior, the Secretary of the Inte16 rior. 

17 (b) DESIGNATION OF WILDERNESS, CLEVELAND AND

18 SAN BERNARDINO NATIONAL FORESTS, JOSHUA TREE NA19 TIONAL PARK, AND BUREAU OF LAND MANAGEMENT LAND

20 IN RIVERSIDE COUNTY, CALIFORNIA.— 

21 (1) DESIGNATIONS.— 

22 (A) AGUA TIBIA WILDERNESS ADDITIONS.— 

23 In accordance with the Wilderness Act (16 

24 U.S.C. 1131 et seq.), certain land in the Cleve25 land National Forest and certain land adminis-
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1 tered by the Bureau of Land Management in 

2 Riverside County, California, together com3 prising approximately 2,053 acres, as generally 

4 depicted on the map titled ‘‘Proposed Addition to 

5 Agua Tibia Wilderness’’, and dated May 9, 2008, 

6 is designated as wilderness and is incorporated 

7 in, and shall be deemed to be a part of, the Agua 

8 Tibia Wilderness designated by section 2(a) of 

9 Public Law 93–632 (88 Stat. 2154; 16 U.S.C. 

10 1132 note). 

11 (B) CAHUILLA MOUNTAIN WILDERNESS.—In 

12 accordance with the Wilderness Act (16 U.S.C. 

13 1131 et seq.), certain land in the San 

14 Bernardino National Forest, California, com15 prising approximately 5,585 acres, as generally 

16 depicted on the map titled ‘‘Cahuilla Mountain 

17 Proposed Wilderness’’, and dated May 1, 2008, is 

18 designated as wilderness and, therefore, as a 

19 component of the National Wilderness Preserva20 tion System, which shall be known as the 

21 ‘‘Cahuilla Mountain Wilderness’’. 

22 (C) SOUTH FORK SAN JACINTO WILDER23 NESS.—In accordance with the Wilderness Act 

24 (16 U.S.C. 1131 et seq.), certain land in the San 

25 Bernardino National Forest, California, com-
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1 prising approximately 20,217 acres, as generally 

2 depicted on the map titled ‘‘South Fork San 

3 Jacinto Proposed Wilderness’’, and dated May 1, 

4 2008, is designated as wilderness and, therefore, 

5 as a component of the National Wilderness Pres6 ervation System, which shall be known as the 

7 ‘‘South Fork San Jacinto Wilderness’’. 

8 (D) SANTA ROSA WILDERNESS ADDI9 TIONS.—In accordance with the Wilderness Act 

10 (16 U.S.C. 1131 et seq.), certain land in the San 

11 Bernardino National Forest, California, and cer12 tain land administered by the Bureau of Land 

13 Management in Riverside County, California, 

14 comprising approximately 2,149 acres, as gen15 erally depicted on the map titled ‘‘Santa Rosa16 San Jacinto National Monument Expansion and 

17 Santa Rosa Wilderness Addition’’, and dated 

18 March 12, 2008, is designated as wilderness and 

19 is incorporated in, and shall be deemed to be a 

20 part of, the Santa Rosa Wilderness designated by 

21 section 101(a)(28) of Public Law 98–425 (98 

22 Stat. 1623; 16 U.S.C. 1132 note) and expanded 

23 by paragraph (59) of section 102 of Public Law 

24 103–433 (108 Stat. 4472; 16 U.S.C. 1132 note). 
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1 (E) BEAUTY MOUNTAIN WILDERNESS.—In 

2 accordance with the Wilderness Act (16 U.S.C. 

3 1131 et seq.), certain land administered by the 

4 Bureau of Land Management in Riverside Coun5 ty, California, comprising approximately 15,621 

6 acres, as generally depicted on the map titled 

7 ‘‘Beauty Mountain Proposed Wilderness’’, and 

8 dated April 3, 2007, is designated as wilderness 

9 and, therefore, as a component of the National 

10 Wilderness Preservation System, which shall be 

11 known as the ‘‘Beauty Mountain Wilderness’’. 

12 (F) JOSHUA TREE NATIONAL PARK WILDER13 NESS ADDITIONS.—In accordance with the Wil14 derness Act (16 U.S.C. 1131 et seq.), certain 

15 land in Joshua Tree National Park, comprising 

16 approximately 36,700 acres, as generally de17 picted on the map numbered 156/80,055, and ti18 tled ‘‘Joshua Tree National Park Proposed Wil19 derness Additions’’, and dated March 2008, is 

20 designated as wilderness and is incorporated in, 

21 and shall be deemed to be a part of, the Joshua 

22 Tree Wilderness designated by section 1(g) of 

23 Public Law 94–567 (90 Stat. 2692; 16 U.S.C. 

24 1132 note). 
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1 (G) OROCOPIA MOUNTAINS WILDERNESS AD2 DITIONS.—In accordance with the Wilderness Act 

3 (16 U.S.C. 1131 et seq.), certain land adminis4 tered by the Bureau of Land Management in 

5 Riverside County, California, comprising ap6 proximately 4,635 acres, as generally depicted on 

7 the map titled ‘‘Orocopia Mountains Proposed 

8 Wilderness Addition’’, and dated May 8, 2008, is 

9 designated as wilderness and is incorporated in, 

10 and shall be deemed to be a part of, the Orocopia 

11 Mountains Wilderness as designated by para12 graph (44) of section 102 of Public Law 103–433 

13 (108 Stat. 4472; 16 U.S.C. 1132 note), except 

14 that the wilderness boundaries established by this 

15 subsection in Township 7 South, Range 13 East, 

16 exclude— 

17 (i) a corridor 250 feet north of the cen18 terline of the Bradshaw Trail; 

19 (ii) a corridor 250 feet from both sides 

20 of the centerline of the vehicle route in the 

21 unnamed wash that flows between the Eagle 

22 Mountain Railroad on the south and the ex23 isting Orocopia Mountains Wilderness 

24 boundary; and 
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1 (iii) a corridor 250 feet from both sides 

2 of the centerline of the vehicle route in the 

3 unnamed wash that flows between the Choc4 olate Mountain Aerial Gunnery Range on 

5 the south and the existing Orocopia Moun6 tains Wilderness boundary. 

7 (H) PALEN/MCCOY WILDERNESS ADDI8 TIONS.—In accordance with the Wilderness Act 

9 (16 U.S.C. 1131 et seq.), certain land adminis10 tered by the Bureau of Land Management in 

11 Riverside County, California, comprising ap12 proximately 22,645 acres, as generally depicted 

13 on the map titled ‘‘Palen-McCoy Proposed Wil14 derness Additions’’, and dated May 8, 2008, is 

15 designated as wilderness and is incorporated in, 

16 and shall be deemed to be a part of, the Palen/ 

17 McCoy Wilderness as designated by paragraph 

18 (47) of section 102 of Public Law 103–433 (108 

19 Stat. 4472; 16 U.S.C. 1132 note). 

20 (I) PINTO MOUNTAINS WILDERNESS.—In 

21 accordance with the Wilderness Act (16 U.S.C. 

22 1131 et seq.), certain land administered by the 

23 Bureau of Land Management in Riverside Coun24 ty, California, comprising approximately 24,404 

25 acres, as generally depicted on the map titled 
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1 ‘‘Pinto Mountains Proposed Wilderness’’, and 

2 dated February 21, 2008, is designated as wil3 derness and, therefore, as a component of the Na4 tional Wilderness Preservation System, which 

5 shall be known as the ‘‘Pinto Mountains Wilder6 ness’’. 

7 (J) CHUCKWALLA MOUNTAINS WILDERNESS

8 ADDITIONS.—In accordance with the Wilderness 

9 Act (16 U.S.C. 1131 et seq.), certain land ad10 ministered by the Bureau of Land Management 

11 in Riverside County, California, comprising ap12 proximately 12,815 acres, as generally depicted 

13 on the map titled ‘‘Chuckwalla Mountains Pro14 posed Wilderness Addition’’, and dated May 8, 

15 2008, is designated as wilderness and is incor16 porated in, and shall be deemed to be a part of 

17 the Chuckwalla Mountains Wilderness as des18 ignated by paragraph (12) of section 102 of Pub19 lic Law 103–433 (108 Stat. 4472; 16 U.S.C. 

20 1132 note). 

21 (2) MAPS AND DESCRIPTIONS.— 

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

23 after the date of the enactment of this Act, the 

24 Secretary shall file a map and legal description 

25 of each wilderness area and wilderness addition 
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1 designated by this section with the Committee on 

2 Natural Resources of the House of Representa3 tives and the Committee on Energy and Natural 

4 Resources of the Senate. 

5 (B) FORCE OF LAW.—A map and legal de6 scription filed under subparagraph (A) shall 

7 have the same force and effect as if included in 

8 this section, except that the Secretary may cor9 rect errors in the map and legal description. 

10 (C) PUBLIC AVAILABILITY.—Each map and 

11 legal description filed under subparagraph (A) 

12 shall be filed and made available for public in13 spection in the appropriate office of the Sec14 retary. 

15 (3) UTILITY FACILITIES.—Nothing in this sec16 tion prohibits the construction, operation, or mainte17 nance, using standard industry practices, of existing 

18 utility facilities located outside of the wilderness areas 

19 and wilderness additions designated by this section. 

20 (c) JOSHUA TREE NATIONAL PARK POTENTIAL WIL21 DERNESS.— 

22 (1) DESIGNATION OF POTENTIAL WILDERNESS.— 

23 Certain land in the Joshua Tree National Park, com24 prising approximately 43,300 acres, as generally de25 picted on the map numbered 156/80,055, and titled 
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1 ‘‘Joshua Tree National Park Proposed Wilderness Ad2 ditions’’, and dated March 2008, is designated poten3 tial wilderness and shall be managed by the Secretary 

4 of the Interior insofar as practicable as wilderness 

5 until such time as the land is designated as wilder6 ness pursuant to paragraph (2). 

7 (2) DESIGNATION AS WILDERNESS.—The land 

8 designated potential wilderness by paragraph (1) 

9 shall be designated as wilderness and incorporated in, 

10 and be deemed to be a part of, the Joshua Tree Wil11 derness designated by section 1(g) of Public Law 94– 

12 567 (90 Stat. 2692; 16 U.S.C. 1132 note), effective 

13 upon publication by the Secretary of the Interior in 

14 the Federal Register of a notice that— 

15 (A) all uses of the land within the potential 

16 wilderness prohibited by the Wilderness Act (16 

17 U.S.C. 1131 et seq.) have ceased; and 

18 (B) sufficient inholdings within the bound19 aries of the potential wilderness have been ac20 quired to establish a manageable wilderness unit. 

21 (3) MAP AND DESCRIPTION.— 

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

23 after the date on which the notice required by 

24 paragraph (2) is published in the Federal Reg25 ister, the Secretary shall file a map and legal de-
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1 scription of the land designated as wilderness 

2 and potential wilderness by this section with the 

3 Committee on Natural Resources of the House of 

4 Representatives and the Committee on Energy 

5 and Natural Resources of the Senate. 

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

7 description filed under subparagraph (A) shall 

8 have the same force and effect as if included in 

9 this section, except that the Secretary may cor10 rect errors in the map and legal description. 

11 (C) PUBLIC AVAILABILITY.—Each map and 

12 legal description filed under subparagraph (A) 

13 shall be filed and made available for public in14 spection in the appropriate office of the Sec15 retary. 

16 (d) ADMINISTRATION OF WILDERNESS.— 

17 (1) MANAGEMENT.—Subject to valid existing 

18 rights, the land designated as wilderness or as a wil19 derness addition by this section shall be administered 

20 by the Secretary in accordance with the Wilderness 

21 Act (16 U.S.C. 1131 et seq.), except that— 

22 (A) any reference in that Act to the effective 

23 date of that Act shall be deemed to be a reference 

24 to— 
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1 (i) the date of the enactment of this 

2 Act; or 

3 (ii) in the case of the wilderness addi4 tion designated by subsection (c), the date 

5 on which the notice required by such sub6 section is published in the Federal Register; 

7 and 

8 (B) any reference in that Act to the Sec9 retary of Agriculture shall be deemed to be a ref10 erence to the Secretary that has jurisdiction over 

11 the land. 

12 (2) INCORPORATION OF ACQUIRED LAND AND IN13 TERESTS.—Any land within the boundaries of a wil14 derness area or wilderness addition designated by this 

15 section that is acquired 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 sec19 tion, the Wilderness Act (16 U.S.C. 1131 et seq.), 

20 and any other applicable law. 

21 (3) WITHDRAWAL.—Subject to valid rights in ex22 istence on the date of enactment of this Act, the land 

23 designated as wilderness by this section is withdrawn 

24 from all forms of— 
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1 (A) entry, appropriation, or disposal under 

2 the public land laws; 

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

4 mining laws; and 

5 (C) disposition under all laws pertaining to 

6 mineral and geothermal leasing or mineral ma7 terials. 

8 (4) FIRE MANAGEMENT AND RELATED ACTIVI9 TIES.— 

10 (A) IN GENERAL.—The Secretary may take 

11 such measures in a wilderness area or wilderness 

12 addition designated by this section as are nec13 essary for the control of fire, insects, and diseases 

14 in accordance with section 4(d)(1) of the Wilder15 ness Act (16 U.S.C. 1133(d)(1)) and House Re16 port 98–40 of the 98th Congress. 

17 (B) FUNDING PRIORITIES.—Nothing in this 

18 section limits funding for fire and fuels manage19 ment in the wilderness areas and wilderness ad20 ditions designated by this section. 

21 (C) REVISION AND DEVELOPMENT OF LOCAL

22 FIRE MANAGEMENT PLANS.—As soon as prac23 ticable after the date of enactment of this Act, the 

24 Secretary shall amend the local fire management 

25 plans that apply to the land designated as a wil-
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1 derness area or wilderness addition by this sec2 tion. 

3 (D) ADMINISTRATION.—Consistent with 

4 subparagraph (A) and other applicable Federal 

5 law, to ensure a timely and efficient response to 

6 fire emergencies in the wilderness areas and wil7 derness additions designated by this section, the 

8 Secretary shall— 

9 (i) not later than 1 year after the date 

10 of enactment of this Act, establish agency 

11 approval procedures (including appropriate 

12 delegations of authority to the Forest Super13 visor, District Manager, or other agency of14 ficials) for responding to fire emergencies; 

15 and 

16 (ii) enter into agreements with appro17 priate State or local firefighting agencies. 

18 (5) GRAZING.—Grazing of livestock in a wilder19 ness area or wilderness addition designated by this 

20 section shall be administered in accordance with the 

21 provisions of section 4(d)(4) of the Wilderness Act (16 

22 U.S.C. 1133(d)(4)) and the guidelines set forth in 

23 House Report 96–617 to accompany H.R. 5487 of the 

24 96th Congress. 

25 (6) NATIVE AMERICAN USES AND INTERESTS.— 
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1 (A) ACCESS AND USE.—To the extent prac2 ticable, the Secretary shall ensure access to the 

3 Cahuilla Mountain Wilderness by members of an 

4 Indian tribe for traditional cultural purposes. In 

5 implementing this paragraph, the Secretary, 

6 upon the request of an Indian tribe, may tempo7 rarily close to the general public use of one or 

8 more specific portions of the wilderness area in 

9 order to protect the privacy of traditional cul10 tural activities in such areas by members of the 

11 Indian tribe. Any such closure shall be made to 

12 affect the smallest practicable area for the min13 imum period necessary for such purposes. Such 

14 access shall be consistent with the purpose and 

15 intent of Public Law 95–341 (42 U.S.C. 1996), 

16 commonly referred to as the American Indian 

17 Religious Freedom Act, and the Wilderness Act 

18 (16 U.S.C. 1131 et seq.). 

19 (B) INDIAN TRIBE DEFINED.—In this para20 graph, the term ‘‘Indian tribe’’ means any In21 dian tribe, band, nation, or other organized 

22 group or community of Indians which is recog23 nized as eligible by the Secretary of the Interior 

24 for the special programs and services provided 
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1 by the United States to Indians because of their 

2 status as Indians. 

3 (7) MILITARY ACTIVITIES.—Nothing in this sec4 tion precludes— 

5 (A) low-level overflights of military aircraft 

6 over the wilderness areas or wilderness additions 

7 designated by this section; 

8 (B) the designation of new units of special 

9 airspace over the wilderness areas or wilderness 

10 additions designated by this section; or 

11 (C) the use or establishment of military 

12 flight training routes over wilderness areas or 

13 wilderness additions designated by this section. 

14 SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVER15 SIDE COUNTY, CALIFORNIA. 

16 Section 3(a) of the Wild and Scenic Rivers Act (16 

17 U.S.C. 1274(a)) (as amended by section 1805) is amended 

18 by adding at the end the following new paragraphs: 

19 ‘‘(200) NORTH FORK SAN JACINTO RIVER, CALI20 FORNIA.—The following segments of the North Fork San 

21 Jacinto River in the State of California, to be administered 

22 by the Secretary of Agriculture: 

23 ‘‘(A) The 2.12-mile segment from the source of 

24 the North Fork San Jacinto River at Deer Springs in 
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1 Mt. San Jacinto State Park to the State Park bound2 ary, as a wild river. 

3 ‘‘(B) The 1.66-mile segment from the Mt. San 

4 Jacinto State Park boundary to the Lawler Park 

5 boundary in section 26, township 4 south, range 2 

6 east, San Bernardino meridian, as a scenic river. 

7 ‘‘(C) The 0.68-mile segment from the Lawler 

8 Park boundary to its confluence with Fuller Mill 

9 Creek, as a recreational river. 

10 ‘‘(D) The 2.15-mile segment from its confluence 

11 with Fuller Mill Creek to .25 miles upstream of the 

12 5S09 road crossing, as a wild river. 

13 ‘‘(E) The 0.6-mile segment from .25 miles up14 stream of the 5S09 road crossing to its confluence 

15 with Stone Creek, as a scenic river. 

16 ‘‘(F) The 2.91-mile segment from the Stone Creek 

17 confluence to the northern boundary of section 17, 

18 township 5 south, range 2 east, San Bernardino me19 ridian, as a wild river. 

20 ‘‘(201) FULLER MILL CREEK, CALIFORNIA.—The fol21 lowing segments of Fuller Mill Creek in the State of Cali22 fornia, to be administered by the Secretary of Agriculture: 

23 ‘‘(A) The 1.2-mile segment from the source of 

24 Fuller Mill Creek in the San Jacinto Wilderness to 

25 the Pinewood property boundary in section 13, town-
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1 ship 4 south, range 2 east, San Bernardino meridian, 

2 as a scenic river. 

3 ‘‘(B) The 0.9-mile segment in the Pine Wood 

4 property, as a recreational river. 

5 ‘‘(C) The 1.4-mile segment from the Pinewood 

6 property boundary in section 23, township 4 south, 

7 range 2 east, San Bernardino meridian, to its con8 fluence with the North Fork San Jacinto River, as a 

9 scenic river. 

10 ‘‘(202) PALM CANYON CREEK, CALIFORNIA.—The 8.1- 

11 mile segment of Palm Canyon Creek in the State of Cali12 fornia from the southern boundary of section 6, township 

13 7 south, range 5 east, San Bernardino meridian, to the San 

14 Bernardino National Forest boundary in section 1, town15 ship 6 south, range 4 east, San Bernardino meridian, to 

16 be administered by the Secretary of Agriculture as a wild 

17 river, and the Secretary shall enter into a cooperative man18 agement agreement with the Agua Caliente Band of 

19 Cahuilla Indians to protect and enhance river values. 

20 ‘‘(203) BAUTISTA CREEK, CALIFORNIA.—The 9.8-mile 

21 segment of Bautista Creek in the State of California from 

22 the San Bernardino National Forest boundary in section 

23 36, township 6 south, range 2 east, San Bernardino merid24 ian, to the San Bernardino National Forest boundary in 

25 section 2, township 6 south, range 1 east, San Bernardino 
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1 meridian, to be administered by the Secretary of Agri2 culture as a recreational river.’’. 

3 SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO 

4 SANTA ROSA AND SAN JACINTO MOUNTAINS 

5 NATIONAL MONUMENT. 

6 (a) BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN

7 JACINTO MOUNTAINS NATIONAL MONUMENT.—Section 2 of 

8 the Santa Rosa and San Jacinto Mountains National 

9 Monument Act of 2000 (Public Law 106–351; 114 U.S.C. 

10 1362; 16 U.S.C. 431 note) is amended by adding at the 

11 end the following new subsection: 

12 ‘‘(e) EXPANSION OF BOUNDARIES.—In addition to the 

13 land described in subsection (c), the boundaries of the Na14 tional Monument shall include the following lands identi15 fied as additions to the National Monument on the map 

16 titled ‘Santa Rosa-San Jacinto National Monument Ex17 pansion and Santa Rosa Wilderness Addition’, and dated 

18 March 12, 2008: 

19 ‘‘(1) The ‘Santa Rosa Peak Area Monument Ex20 pansion’. 

21 ‘‘(2) The ‘Snow Creek Area Monument Expan22 sion’. 

23 ‘‘(3) The ‘Tahquitz Peak Area Monument Ex24 pansion’. 
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1 ‘‘(4) The ‘Southeast Area Monument Expansion’, 

2 which is designated as wilderness in section 512(d), 

3 and is thus incorporated into, and shall be deemed 

4 part of, the Santa Rosa Wilderness.’’. 

5 (b) TECHNICAL AMENDMENTS TO THE SANTA ROSA

6 AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ACT

7 OF 2000.—Section 7(d) of the Santa Rosa and San Jacinto 

8 Mountains National Monument Act of 2000 (Public Law 

9 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended 

10 by striking ‘‘eight’’ and inserting ‘‘a majority of the ap11 pointed’’. 

12 Subtitle M—Sequoia and Kings 

13 Canyon National Parks Wilder14 ness, California 

15 SEC. 1901. DEFINITIONS. 

16 In this subtitle: 

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

18 the Secretary of the Interior. 

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

20 of California. 

21 SEC. 1902. DESIGNATION OF WILDERNESS AREAS. 

22 In accordance with the Wilderness Act (16 U.S.C. 1131 

23 et seq.), the following areas in the State are designated as 

24 wilderness areas and as components of the National Wilder25 ness Preservation System: 
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1 (1) JOHN KREBS WILDERNESS.— 

2 (A) DESIGNATION.—Certain land in Se3 quoia and Kings Canyon National Parks, com4 prising approximately 39,740 acres of land, and 

5 130 acres of potential wilderness additions as 

6 generally depicted on the map numbered 102/ 

7 60014b, titled ‘‘John Krebs Wilderness’’, and 

8 dated September 16, 2008. 

9 (B) EFFECT.—Nothing in this paragraph 

10 affects— 

11 (i) the cabins in, and adjacent to, Min12 eral King Valley; or 

13 (ii) the private inholdings known as 

14 ‘‘Silver City’’ and ‘‘Kaweah Han’’. 

15 (C) POTENTIAL WILDERNESS ADDITIONS.— 

16 The designation of the potential wilderness addi17 tions under subparagraph (A) shall not prohibit 

18 the operation, maintenance, and repair of the 

19 small check dams and water impoundments on 

20 Lower Franklin Lake, Crystal Lake, Upper Mon21 arch Lake, and Eagle Lake. The Secretary is au22 thorized to allow the use of helicopters for the op23 eration, maintenance, and repair of the small 

24 check dams and water impoundments on Lower 

25 Franklin Lake, Crystal Lake, Upper Monarch 
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1 Lake, and Eagle Lake. The potential wilderness 

2 additions shall be designated as wilderness and 

3 incorporated into the John Krebs Wilderness es4 tablished by this section upon termination of the 

5 non-conforming uses. 

6 (2) SEQUOIA-KINGS CANYON WILDERNESS ADDI7 TION.—Certain land in Sequoia and Kings Canyon 

8 National Parks, California, comprising approxi9 mately 45,186 acres as generally depicted on the map 

10 titled ‘‘Sequoia-Kings Canyon Wilderness Addition’’, 

11 numbered 102/60015a, and dated March 10, 2008, is 

12 incorporated in, and shall be considered to be a part 

13 of, the Sequoia-Kings Canyon Wilderness. 

14 (3) RECOMMENDED WILDERNESS.—Land in Se15 quoia and Kings Canyon National Parks that was 

16 managed as of the date of enactment of this Act as 

17 recommended or proposed wilderness but not des18 ignated by this section as wilderness shall continue to 

19 be managed as recommended or proposed wilderness, 

20 as appropriate. 

21 SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS. 

22 (a) IN GENERAL.—Subject to valid existing rights, 

23 each area designated as wilderness by this subtitle shall be 

24 administered by the Secretary in accordance with the Wil25 derness Act (16 U.S.C. 1131 et seq.), except that any ref-
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1 erence in the Wilderness Act to the effective date of the Wil2 derness Act shall be considered to be a reference to the date 

3 of enactment of this Act. 

4 (b) MAP AND LEGAL DESCRIPTION.— 

5 (1) SUBMISSION OF MAP AND LEGAL DESCRIP6 TION.—As soon as practicable, but not later than 3 

7 years, after the date of enactment of this Act, the Sec8 retary shall file a map and legal description of each 

9 area designated as wilderness by this subtitle with— 

10 (A) the Committee on Energy and Natural 

11 Resources of the Senate; and 

12 (B) the Committee on Natural Resources of 

13 the House of Representatives. 

14 (2) FORCE AND EFFECT.—The map and legal de15 scription filed under paragraph (1) shall have the 

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

17 except that the Secretary may correct any clerical or 

18 typographical error in the map or legal description. 

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

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

21 and available for public inspection in the Office of the 

22 Secretary. 

23 (c) HYDROLOGIC, METEOROLOGIC, AND CLIMATO24 LOGICAL DEVICES, FACILITIES, AND ASSOCIATED EQUIP25 MENT.—The Secretary shall continue to manage mainte-
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1 nance and access to hydrologic, meteorologic, and climato2 logical devices, facilities and associated equipment con3 sistent with House Report 98–40. 

4 (d) AUTHORIZED ACTIVITIES OUTSIDE WILDER5 NESS.—Nothing in this subtitle precludes authorized activi6 ties conducted outside of an area designated as wilderness 

7 by this subtitle by cabin owners (or designees) in the Min8 eral King Valley area or property owners or lessees (or des9 ignees) in the Silver City inholding, as identified on the 

10 map described in section 1902(1)(A). 

11 (e) HORSEBACK RIDING.—Nothing in this subtitle pre12 cludes horseback riding in, or the entry of recreational or 

13 commercial saddle or pack stock into, an area designated 

14 as wilderness by this subtitle— 

15 (1) in accordance with section 4(d)(5) of the Wil16 derness Act (16 U.S.C. 1133(d)(5)); and 

17 (2) subject to any terms and conditions deter18 mined to be necessary by the Secretary. 

19 SEC. 1904. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums as 

21 are necessary to carry out this subtitle. 
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1 Subtitle N—Rocky Mountain Na2 tional Park Wilderness, Colo3 rado 

4 SEC. 1951. DEFINITIONS. 

5 In this subtitle: 

6 (1) MAP.—The term ‘‘map’’ means the map enti7 tled ‘‘Rocky Mountain National Park Wilderness Act 

8 of 2007’’ and dated September 2006. 

9 (2) PARK.—The term ‘‘Park’’ means Rocky 

10 Mountain National Park located in the State of Colo11 rado. 

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

13 the Secretary of the Interior. 

14 (4) TRAIL.—The term ‘‘Trail’’ means the East 

15 Shore Trail established under section 1954(a). 

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

17 means the wilderness designated by section 1952(a). 

18 SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDER19 NESS, COLORADO. 

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

21 the Wilderness Act (16 U.S.C. 1131 et seq.), there is des22 ignated as wilderness and as a component of the National 

23 Wilderness Preservation System approximately 249,339 

24 acres of land in the Park, as generally depicted on the map. 

25 (b) MAP AND BOUNDARY DESCRIPTION.— 
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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary 

3 shall— 

4 (A) prepare a map and boundary descrip5 tion of the Wilderness; and 

6 (B) submit the map and boundary descrip7 tion prepared under subparagraph (A) to the 

8 Committee on Energy and Natural Resources of 

9 the Senate and the Committee on Natural Re10 sources of the House of Representatives. 

11 (2) AVAILABILITY; FORCE OF LAW.—The map 

12 and boundary description submitted under paragraph 

13 (1)(B) shall— 

14 (A) be on file and available for public in15 spection in appropriate offices of the National 

16 Park Service; and 

17 (B) have the same force and effect as if in18 cluded in this subtitle. 

19 (c) INCLUSION OF POTENTIAL WILDERNESS.— 

20 (1) IN GENERAL.—On publication in the Federal 

21 Register of a notice by the Secretary that all uses in22 consistent with the Wilderness Act (16 U.S.C. 1131 et 

23 seq.) have ceased on the land identified on the map 

24 as a ‘‘Potential Wilderness Area’’, the land shall be— 

25 (A) included in the Wilderness; and 
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1 (B) administered in accordance with sub2 section (e). 

3 (2) BOUNDARY DESCRIPTION.—On inclusion in 

4 the Wilderness of the land referred to in paragraph 

5 (1), the Secretary shall modify the map and boundary 

6 description submitted under subsection (b) to reflect 

7 the inclusion of the land. 

8 (d) EXCLUSION OF CERTAIN LAND.—The following 

9 areas are specifically excluded from the Wilderness: 

10 (1) The Grand River Ditch (including the main 

11 canal of the Grand River Ditch and a branch of the 

12 main canal known as the Specimen Ditch), the right13 of-way for the Grand River Ditch, land 200 feet on 

14 each side of the center line of the Grand River Ditch, 

15 and any associated appurtenances, structures, build16 ings, camps, and work sites in existence as of June 

17 1, 1998. 

18 (2) Land owned by the St. Vrain & Left Hand 

19 Water Conservancy District, including Copeland Res20 ervoir and the Inlet Ditch to the Reservoir from North 

21 St. Vrain Creek, comprising approximately 35.38 

22 acres. 

23 (3) Land owned by the Wincenstsen-Harms 

24 Trust, comprising approximately 2.75 acres. 
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1 (4) Land within the area depicted on the map 

2 as the ‘‘East Shore Trail Area’’. 

3 (e) ADMINISTRATION.—Subject to valid existing rights, 

4 any land designated as wilderness under this section or 

5 added to the Wilderness after the date of enactment of this 

6 Act under subsection (c) shall be administered by the Sec7 retary in accordance with this subtitle and the Wilderness 

8 Act (16 U.S.C. 1131 et seq.), except that— 

9 (1) any reference in the Wilderness Act (16 

10 U.S.C. 1131 et seq.) to the effective date of that Act 

11 shall be considered to be a reference to the date of en12 actment of this Act, or the date on which the addi13 tional land is added to the Wilderness, respectively; 

14 and 

15 (2) any reference in the Wilderness Act (16 

16 U.S.C. 1131 et seq.) to the Secretary of Agriculture 

17 shall be considered to be a reference to the Secretary. 

18 (f) WATER RIGHTS.— 

19 (1) FINDINGS.—Congress finds that— 

20 (A) the United States has existing rights to 

21 water within the Park; 

22 (B) the existing water rights are sufficient 

23 for the purposes of the Wilderness; and 

24 (C) based on the findings described in sub25 paragraphs (A) and (B), there is no need for the 
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1 United States to reserve or appropriate any ad2 ditional water rights to fulfill the purposes of the 

3 Wilderness. 

4 (2) EFFECT.—Nothing in this subtitle— 

5 (A) constitutes an express or implied res6 ervation by the United States of water or water 

7 rights for any purpose; or 

8 (B) modifies or otherwise affects any exist9 ing water rights held by the United States for 

10 the Park. 

11 (g) FIRE, INSECT, AND DISEASE CONTROL.—The Sec12 retary may take such measures in the Wilderness as are 

13 necessary to control fire, insects, and diseases, as are pro14 vided for in accordance with— 

15 (1) the laws applicable to the Park; and 

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

17 SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG 

18 THOMPSON PROJECTS. 

19 (a) CONDITIONAL WAIVER OF STRICT LIABILITY.— 

20 During any period in which the Water Supply and Storage 

21 Company (or any successor in interest to the company with 

22 respect to the Grand River Ditch) operates and maintains 

23 the portion of the Grand River Ditch in the Park in compli24 ance with an operations and maintenance agreement be25 tween the Water Supply and Storage Company and the Na-
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1 tional Park Service, the provisions of paragraph (6) of the 

2 stipulation approved June 28, 1907— 

3 (1) shall be suspended; and 

4 (2) shall not be enforceable against the Company 

5 (or any successor in interest). 

6 (b) AGREEMENT.—The agreement referred to in sub7 section (a) shall— 

8 (1) ensure that— 

9 (A) Park resources are managed in accord10 ance with the laws generally applicable to the 

11 Park, including— 

12 (i) the Act of January 26, 1915 (16 

13 U.S.C. 191 et seq.); and 

14 (ii) the National Park Service Organic 

15 Act (16 U.S.C. 1 et seq.); 

16 (B) Park land outside the right-of-way cor17 ridor remains unimpaired consistent with the 

18 National Park Service management policies in 

19 effect as of the date of enactment of this Act; and 

20 (C) any use of Park land outside the right21 of-way corridor (as of the date of enactment of 

22 this Act) shall be permitted only on a temporary 

23 basis, subject to such terms and conditions as the 

24 Secretary determines to be necessary; and 

25 (2) include stipulations with respect to— 
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1 (A) flow monitoring and early warning 

2 measures; 

3 (B) annual and periodic inspections; 

4 (C) an annual maintenance plan; 

5 (D) measures to identify on an annual 

6 basis capital improvement needs; and 

7 (E) the development of plans to address the 

8 needs identified under subparagraph (D). 

9 (c) LIMITATION.—Nothing in this section limits or oth10 erwise affects— 

11 (1) the liability of any individual or entity for 

12 damages to, loss of, or injury to any resource within 

13 the Park resulting from any cause or event that oc14 curred before the date of enactment of this Act; or 

15 (2) Public Law 101–337 (16 U.S.C. 19jj et seq.), 

16 including the defenses available under that Act for 

17 damage caused— 

18 (A) solely by— 

19 (i) an act of God; 

20 (ii) an act of war; or 

21 (iii) an act or omission of a third 

22 party (other than an employee or agent); or 

23 (B) by an activity authorized by Federal or 

24 State law. 
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1 (d) COLORADO-BIG THOMPSON PROJECT AND WINDY

2 GAP PROJECT.— 

3 (1) IN GENERAL.—Nothing in this subtitle, in4 cluding the designation of the Wilderness, prohibits or 

5 affects current and future operation and maintenance 

6 activities in, under, or affecting the Wilderness that 

7 were allowed as of the date of enactment of this Act 

8 under the Act of January 26, 1915 (16 U.S.C. 191), 

9 relating to the Alva B. Adams Tunnel or other Colo10 rado–Big Thompson Project facilities located within 

11 the Park. 

12 (2) ALVA B. ADAMS TUNNEL.—Nothing in this 

13 subtitle, including the designation of the Wilderness, 

14 prohibits or restricts the conveyance of water through 

15 the Alva B. Adams Tunnel for any purpose. 

16 (e) RIGHT-OF-WAY.—Notwithstanding the Act of 

17 March 3, 1891 (43 U.S.C. 946) and the Act of May 11, 

18 1898 (43 U.S.C. 951), the right of way for the Grand River 

19 Ditch shall not be terminated, forfeited, or otherwise affected 

20 as a result of the water transported by the Grand River 

21 Ditch being used primarily for domestic purposes or any 

22 purpose of a public nature, unless the Secretary determines 

23 that the change in the main purpose or use adversely affects 

24 the Park. 
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1 (f) NEW RECLAMATION PROJECTS.—Nothing in the 

2 first section of the Act of January 26, 1915 (16 U.S.C. 191), 

3 shall be construed to allow development in the Wilderness 

4 of any reclamation project not in existence as of the date 

5 of enactment of this Act. 

6 (g) CLARIFICATION OF MANAGEMENT AUTHORITY.— 

7 Nothing in this section reduces or limits the authority of 

8 the Secretary to manage land and resources within the Park 

9 under applicable law. 

10 SEC. 1954. EAST SHORE TRAIL AREA. 

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

12 of enactment of this Act, the Secretary shall establish within 

13 the East Shore Trail Area in the Park an alignment line 

14 for a trail, to be known as the ‘‘East Shore Trail’’, to maxi15 mize the opportunity for sustained use of the Trail without 

16 causing— 

17 (1) harm to affected resources; or 

18 (2) conflicts among users. 

19 (b) BOUNDARIES.— 

20 (1) IN GENERAL.—After establishing the align21 ment line for the Trail under subsection (a), the Sec22 retary shall— 

23 (A) identify the boundaries of the Trail, 

24 which shall not extend more than 25 feet east of 
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1 the alignment line or be located within the Wil2 derness; and 

3 (B) modify the map of the Wilderness pre4 pared under section 1952(b)(1)(A) so that the 

5 western boundary of the Wilderness is 50 feet 

6 east of the alignment line. 

7 (2) ADJUSTMENTS.—To the extent necessary to 

8 protect Park resources, the Secretary may adjust the 

9 boundaries of the Trail, if the adjustment does not 

10 place any portion of the Trail within the boundary 

11 of the Wilderness. 

12 (c) INCLUSION IN WILDERNESS.—On completion of the 

13 construction of the Trail, as authorized by the Secretary— 

14 (1) any portion of the East Shore Trail Area 

15 that is not traversed by the Trail, that is not west of 

16 the Trail, and that is not within 50 feet of the center17 line of the Trail shall be— 

18 (A) included in the Wilderness; and 

19 (B) managed as part of the Wilderness in 

20 accordance with section 1952; and 

21 (2) the Secretary shall modify the map and 

22 boundary description of the Wilderness prepared 

23 under section 1952(b)(1)(A) to reflect the inclusion of 

24 the East Shore Trail Area land in the Wilderness. 

25 (d) EFFECT.—Nothing in this section— 
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1 (1) requires the construction of the Trail along 

2 the alignment line established under subsection (a); or 

3 (2) limits the extent to which any otherwise ap4 plicable law or policy applies to any decision with re5 spect to the construction of the Trail. 

6 (e) RELATION TO LAND OUTSIDE WILDERNESS.— 

7 (1) IN GENERAL.—Except as provided in this 

8 subsection, nothing in this subtitle affects the manage9 ment or use of any land not included within the 

10 boundaries of the Wilderness or the potential wilder11 ness land. 

12 (2) MOTORIZED VEHICLES AND MACHINERY.—No 

13 use of motorized vehicles or other motorized machin14 ery that was not permitted on March 1, 2006, shall 

15 be allowed in the East Shore Trail Area except as the 

16 Secretary determines to be necessary for use in— 

17 (A) constructing the Trail, if the construc18 tion is authorized by the Secretary; or 

19 (B) maintaining the Trail. 

20 (3) MANAGEMENT OF LAND BEFORE INCLU21 SION.—Until the Secretary authorizes the construc22 tion of the Trail and the use of the Trail for non-mo23 torized bicycles, the East Shore Trail Area shall be 

24 managed— 
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1 (A) to protect any wilderness characteristics 

2 of the East Shore Trail Area; and 

3 (B) to maintain the suitability of the East 

4 Shore Trail Area for inclusion in the Wilderness. 

5 SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUST6 MENTS. 

7 (a) INDIAN PEAKS WILDERNESS BOUNDARY ADJUST8 MENT.—Section 3(a) of the Indian Peaks Wilderness Area, 

9 the Arapaho National Recreation Area and the Oregon Is10 lands Wilderness Area Act (16 U.S.C. 1132 note; Public 

11 Law 95–450) is amended— 

12 (1) by striking ‘‘seventy thousand acres’’ and in13 serting ‘‘74,195 acres’’; and 

14 (2) by striking ‘‘, dated July 1978’’ and insert15 ing ‘‘and dated May 2007’’. 

16 (b) ARAPAHO NATIONAL RECREATION AREA BOUND17 ARY ADJUSTMENT.—Section 4(a) of the Indian Peaks Wil18 derness Area, the Arapaho National Recreation Area and 

19 the Oregon Islands Wilderness Area Act (16 U.S.C. 

20 460jj(a)) is amended— 

21 (1) by striking ‘‘thirty-six thousand two hundred 

22 thirty-five acres’’ and inserting ‘‘35,235 acres’’; and 

23 (2) by striking ‘‘, dated July 1978’’ and insert24 ing ‘‘and dated May 2007’’. 
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1 SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT. 

2 (a) IN GENERAL.—Section 3(k) of Public Law 91–383 

3 (16 U.S.C. 1a–2(k)) shall apply to the parcel of land de4 scribed 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 Park 

9 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 CONSERVATION

16 AREA MAP.—The term ‘‘Beaver Dam Wash National 

17 Conservation Area Map’’ means the map entitled 

18 ‘‘Beaver Dam Wash National Conservation Area’’ and 

19 dated December 18, 2008. 

20 (2) CANAAN MOUNTAIN WILDERNESS MAP.—The 

21 term ‘‘Canaan Mountain Wilderness Map’’ means the 

22 map entitled ‘‘Canaan Mountain Wilderness’’ and 

23 dated June 21, 2008. 

24 (3) COUNTY.—The term ‘‘County’’ means Wash25 ington County, Utah. 
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1 (4) NORTHEASTERN WASHINGTON COUNTY WIL2 DERNESS MAP.—The term ‘‘Northeastern Washington 

3 County Wilderness Map’’ means the map entitled 

4 ‘‘Northeastern Washington County Wilderness’’ and 

5 dated November 12, 2008. 

6 (5) NORTHWESTERN WASHINGTON COUNTY WIL7 DERNESS MAP.—The term ‘‘Northwestern Washington 

8 County Wilderness Map’’ means the map entitled 

9 ‘‘Northwestern Washington County Wilderness’’ and 

10 dated June 21, 2008. 

11 (6) RED CLIFFS NATIONAL CONSERVATION AREA

12 MAP.—The term ‘‘Red Cliffs National Conservation 

13 Area Map’’ means the map entitled ‘‘Red Cliffs Na14 tional Conservation Area’’ and dated November 12, 

15 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. 
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1 (9) WASHINGTON COUNTY GROWTH AND CON2 SERVATION ACT MAP.—The term ‘‘Washington County 

3 Growth and Conservation Act Map’’ means the map 

4 entitled ‘‘Washington County Growth and Conserva5 tion Act Map’’ and dated November 13, 2008. 

6 SEC. 1972. WILDERNESS AREAS. 

7 (a) ADDITIONS TO NATIONAL WILDERNESS PRESERVA8 TION SYSTEM.— 

9 (1) ADDITIONS.—Subject to valid existing rights, 

10 the following land in the State is designated as wil11 derness and as components of the National Wilderness 

12 Preservation System: 

13 (A) BEARTRAP CANYON.—Certain Federal 

14 land managed by the Bureau of Land Manage15 ment, comprising approximately 40 acres, as 

16 generally depicted on the Northeastern Wash17 ington County Wilderness Map, which shall be 

18 known as the ‘‘Beartrap Canyon Wilderness’’. 

19 (B) BLACKRIDGE.—Certain Federal land 

20 managed by the Bureau of Land Management, 

21 comprising approximately 13,015 acres, as gen22 erally depicted on the Northeastern Washington 

23 County Wilderness Map, which shall be known 

24 as the ‘‘Blackridge Wilderness’’. 
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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 Na12 tional Conservation Area Map, which shall be 

13 known as the ‘‘Cottonwood Canyon Wilderness’’. 

14 (E) COTTONWOOD FOREST.—Certain Fed15 eral land managed by the Forest Service, com16 prising approximately 2,643 acres, as generally 

17 depicted on the Red Cliffs National Conservation 

18 Area Map, which shall be known as the ‘‘Cotton19 wood Forest Wilderness’’. 

20 (F) COUGAR CANYON.—Certain Federal 

21 land managed by the Bureau of Land Manage22 ment, comprising approximately 10,409 acres, as 

23 generally depicted on the Northwestern Wash24 ington County Wilderness Map, which shall be 

25 known as the ‘‘Cougar Canyon Wilderness’’. 
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1 (G) DEEP CREEK.—Certain Federal land 

2 managed by the Bureau of Land Management, 

3 comprising approximately 3,284 acres, as gen4 erally depicted on the Northeastern Washington 

5 County Wilderness Map, which shall be known 

6 as the ‘‘Deep Creek Wilderness’’. 

7 (H) DEEP CREEK NORTH.—Certain Federal 

8 land managed by the Bureau of Land Manage9 ment, comprising approximately 4,262 acres, as 

10 generally depicted on the Northeastern Wash11 ington County Wilderness Map, which shall be 

12 known as the ‘‘Deep Creek North Wilderness’’. 

13 (I) DOC’S PASS.—Certain Federal land 

14 managed by the Bureau of Land Management, 

15 comprising approximately 17,294 acres, as gen16 erally depicted on the Northwestern Washington 

17 County Wilderness Map, which shall be known 

18 as the ‘‘Doc’s Pass Wilderness’’. 

19 (J) GOOSE CREEK.—Certain Federal land 

20 managed by the Bureau of Land Management, 

21 comprising approximately 98 acres, as generally 

22 depicted on the Northeastern Washington County 

23 Wilderness Map, which shall be known as the 

24 ‘‘Goose Creek Wilderness’’. 
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1 (K) LAVERKIN CREEK.—Certain Federal 

2 land managed by the Bureau of Land Manage3 ment, comprising approximately 445 acres, as 

4 generally depicted on the Northeastern Wash5 ington County Wilderness Map, which shall be 

6 known as the ‘‘LaVerkin Creek Wilderness’’. 

7 (L) RED BUTTE.—Certain Federal land 

8 managed by the Bureau of Land Management, 

9 comprising approximately 1,537 acres, as gen10 erally depicted on the Northeastern Washington 

11 County Wilderness Map, which shall be known 

12 as the ‘‘Red Butte Wilderness’’. 

13 (M) RED MOUNTAIN.—Certain Federal land 

14 managed by the Bureau of Land Management, 

15 comprising approximately 18,729 acres, as gen16 erally depicted on the Red Cliffs National Con17 servation Area Map, which shall be known as the 

18 ‘‘Red Mountain Wilderness’’. 

19 (N) SLAUGHTER CREEK.—Certain Federal 

20 land managed by the Bureau of Land Manage21 ment, comprising approximately 3,901 acres, as 

22 generally depicted on the Northwestern Wash23 ington County Wilderness Map, which shall be 

24 known as the ‘‘Slaughter Creek Wilderness’’. 
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1 (O) TAYLOR CREEK.—Certain Federal land 

2 managed by the Bureau of Land Management, 

3 comprising approximately 32 acres, as generally 

4 depicted on the Northeastern Washington County 

5 Wilderness Map, which shall be known as the 

6 ‘‘Taylor Creek Wilderness’’. 

7 (2) MAPS AND LEGAL DESCRIPTIONS.— 

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

9 after the date of enactment of this Act, the Sec10 retary shall submit to the Committee on Energy 

11 and Natural Resources of the Senate and the 

12 Committee on Natural Resources of the House of 

13 Representatives a map and legal description of 

14 each wilderness area designated by paragraph 

15 (1). 

16 (B) FORCE AND EFFECT.—Each map and 

17 legal description submitted under subparagraph 

18 (A) shall have the same force and effect as if in19 cluded in this subtitle, except that the Secretary 

20 may correct any clerical or typographical errors 

21 in the map or legal description. 

22 (C) AVAILABILITY.—Each map and legal 

23 description submitted under subparagraph (A) 

24 shall be available in the appropriate offices of— 
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1 (i) the Bureau of Land Management; 

2 and 

3 (ii) the Forest Service. 

4 (b) ADMINISTRATION OF WILDERNESS AREAS.— 

5 (1) MANAGEMENT.—Subject to valid existing 

6 rights, each area designated as wilderness by sub7 section (a)(1) shall be administered by the Secretary 

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

9 1131 et seq.), except that— 

10 (A) any reference in the Wilderness Act to 

11 the effective date of that Act shall be considered 

12 to be a reference to the date of enactment of this 

13 Act; and 

14 (B) any reference in the Wilderness Act to 

15 the Secretary of Agriculture shall be considered 

16 to be a reference to the Secretary that has juris17 diction over the land. 

18 (2) LIVESTOCK.—The grazing of livestock in each 

19 area designated as wilderness by subsection (a)(1), 

20 where established before the date of enactment of this 

21 Act, shall be permitted to continue— 

22 (A) subject to such reasonable regulations, 

23 policies, and practices that the Secretary con24 siders necessary; and 

25 (B) in accordance with— 
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1 (i) section 4(d)(4) of the Wilderness 

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

3 (ii) the guidelines set forth in Appen4 dix A of the report of the Committee on In5 terior and Insular Affairs of the House of 

6 Representatives accompanying H.R. 2570 of 

7 the 101st Congress (H.Rep. 101–405) and 

8 H.R. 5487 of the 96th Congress (H. Rept. 

9 96–617). 

10 (3) WILDFIRE, INSECT, AND DISEASE MANAGE11 MENT.—In accordance with section 4(d)(1) of the Wil12 derness Act (16 U.S.C. 1133(d)(1)), the Secretary 

13 may take such measures in each area designated as 

14 wilderness by subsection (a)(1) as the Secretary deter15 mines to be necessary for the control of fire, insects, 

16 and diseases (including, as the Secretary determines 

17 to be appropriate, the coordination of those activities 

18 with a State or local agency). 

19 (4) BUFFER ZONES.— 

20 (A) IN GENERAL.—Nothing in this section 

21 creates a protective perimeter or buffer zone 

22 around any area designated as wilderness by 

23 subsection (a)(1). 

24 (B) ACTIVITIES OUTSIDE WILDERNESS.— 

25 The fact that an activity or use on land outside 
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1 any area designated as wilderness by subsection 

2 (a)(1) can be seen or heard within the wilderness 

3 shall not preclude the activity or use outside the 

4 boundary of the wilderness. 

5 (5) MILITARY OVERFLIGHTS.—Nothing in this 

6 section restricts or precludes— 

7 (A) low-level overflights of military aircraft 

8 over any area designated as wilderness by sub9 section (a)(1), including military overflights that 

10 can be seen or heard within any wilderness area; 

11 (B) flight testing and evaluation; or 

12 (C) the designation or creation of new units 

13 of special use airspace, or the establishment of 

14 military flight training routes over any wilder15 ness area. 

16 (6) ACQUISITION AND INCORPORATION OF LAND

17 AND INTERESTS IN LAND.— 

18 (A) ACQUISITION AUTHORITY.—In accord19 ance with applicable laws (including regula20 tions), the Secretary may acquire any land or 

21 interest in land within the boundaries of the wil22 derness areas designated by subsection (a)(1) by 

23 purchase from willing sellers, donation, or ex24 change. 
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1 (B) INCORPORATION.—Any land or interest 

2 in land acquired by the Secretary under sub3 paragraph (A) shall be incorporated into, and 

4 administered as a part of, the wilderness area in 

5 which the land or interest in land is located. 

6 (7) NATIVE AMERICAN CULTURAL AND RELI7 GIOUS USES.—Nothing in this section diminishes— 

8 (A) the rights of any Indian tribe; or 

9 (B) any tribal rights regarding access to 

10 Federal land for tribal activities, including spir11 itual, cultural, and traditional food-gathering 

12 activities. 

13 (8) CLIMATOLOGICAL DATA COLLECTION.—In ac14 cordance with the Wilderness Act (16 U.S.C. 1131 et 

15 seq.) and subject to such terms and conditions as the 

16 Secretary may prescribe, the Secretary may authorize 

17 the installation and maintenance of hydrologic, mete18 orologic, or climatological collection devices in the 

19 wilderness areas designated by subsection (a)(1) if the 

20 Secretary determines that the facilities and access to 

21 the facilities are essential to flood warning, flood con22 trol, or water reservoir operation activities. 

23 (9) WATER RIGHTS.— 

24 (A) STATUTORY CONSTRUCTION.—Nothing 

25 in this section— 
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1 (i) shall constitute or be construed to 

2 constitute either an express or implied res3 ervation by the United States of any water 

4 or water rights with respect to the land des5 ignated as wilderness by subsection (a)(1); 

6 (ii) shall affect any water rights in the 

7 State existing on the date of enactment of 

8 this Act, including any water rights held by 

9 the United States; 

10 (iii) shall be construed as establishing 

11 a precedent with regard to any future wil12 derness designations; 

13 (iv) shall affect the interpretation of, 

14 or any designation made pursuant to, any 

15 other Act; or 

16 (v) shall be construed as limiting, al17 tering, modifying, or amending any of the 

18 interstate compacts or equitable apportion19 ment decrees that apportion water among 

20 and between the State and other States. 

21 (B) STATE WATER LAW.—The Secretary 

22 shall follow the procedural and substantive re23 quirements of the law of the State in order to ob24 tain and hold any water rights not in existence 

25 on the date of enactment of this Act with respect 
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1 to the wilderness areas designated by subsection 

2 (a)(1). 

3 (10) FISH AND WILDLIFE.— 

4 (A) JURISDICTION OF STATE.—Nothing in 

5 this section affects the jurisdiction of the State 

6 with respect to fish and wildlife on public land 

7 located in the State. 

8 (B) AUTHORITY OF SECRETARY.—In fur9 therance of the purposes and principles of the 

10 Wilderness Act (16 U.S.C. 1131 et seq.), the Sec11 retary may carry out management activities to 

12 maintain or restore fish and wildlife populations 

13 (including activities to maintain and restore fish 

14 and wildlife habitats to support the populations) 

15 in any wilderness area designated by subsection 

16 (a)(1) if the activities are— 

17 (i) consistent with applicable wilder18 ness management plans; and 

19 (ii) carried out in accordance with— 

20 (I) the Wilderness Act (16 U.S.C. 

21 1131 et seq.); and 

22 (II) applicable guidelines and 

23 policies, including applicable policies 

24 described in Appendix B of House Re25 port 101–405. 
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1 (11) WILDLIFE WATER DEVELOPMENT

2 PROJECTS.—Subject to paragraph (12), the Secretary 

3 may authorize structures and facilities, including ex4 isting structures and facilities, for wildlife water de5 velopment projects, including guzzlers, in the wilder6 ness areas designated by subsection (a)(1) if— 

7 (A) the structures and facilities will, as de8 termined by the Secretary, enhance wilderness 

9 values by promoting healthy, viable, and more 

10 naturally distributed wildlife populations; and 

11 (B) the visual impacts of the structures and 

12 facilities on the wilderness areas can reasonably 

13 be minimized. 

14 (12) COOPERATIVE AGREEMENT.—Not later than 

15 1 year after the date of enactment of this Act, the Sec16 retary shall enter into a cooperative agreement with 

17 the State that specifies the terms and conditions 

18 under which wildlife management activities in the 

19 wilderness areas designated by subsection (a)(1) may 

20 be carried out. 

21 (c) RELEASE OF WILDERNESS STUDY AREAS.— 

22 (1) FINDING.—Congress finds that, for the pur23 poses of section 603 of the Federal Land Policy and 

24 Management Act of 1976 (43 U.S.C. 1782), the public 

25 land in the County administered by the Bureau of 
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1 Land Management has been adequately studied for 

2 wilderness designation. 

3 (2) RELEASE.—Any public land described in 

4 paragraph (1) that is not designated as wilderness by 

5 subsection (a)(1)— 

6 (A) is no longer subject to section 603(c) of 

7 the Federal Land Policy and Management Act of 

8 1976 (43 U.S.C. 1782(c)); and 

9 (B) shall be managed in accordance with 

10 applicable law and the land management plans 

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

12 1712). 

13 (d) TRANSFER OF ADMINISTRATIVE JURISDICTION TO

14 NATIONAL PARK SERVICE.—Administrative jurisdiction 

15 over the land identified as the Watchman Wilderness on the 

16 Northeastern Washington County Wilderness Map is hereby 

17 transferred to the National Park Service, to be included in, 

18 and administered as part of Zion National Park. 

19 SEC. 1973. ZION NATIONAL PARK WILDERNESS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

22 means certain Federal land— 

23 (A) that is— 

24 (i) located in the County and Iron 

25 County, Utah; and 
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1 (ii) managed by the National Park 

2 Service; 

3 (B) consisting of approximately 124,406 

4 acres; and 

5 (C) as generally depicted on the Zion Na6 tional Park Wilderness Map and the area added 

7 to the park under section 1972(d). 

8 (2) WILDERNESS AREA.—The term ‘‘Wilderness 

9 Area’’ means the Zion Wilderness designated by sub10 section (b)(1). 

11 (3) ZION NATIONAL PARK WILDERNESS MAP.— 

12 The term ‘‘Zion National Park Wilderness Map’’ 

13 means the map entitled ‘‘Zion National Park Wilder14 ness’’ and dated April 2008. 

15 (b) ZION NATIONAL PARK WILDERNESS.— 

16 (1) DESIGNATION.—Subject to valid existing 

17 rights, the Federal land is designated as wilderness 

18 and as a component of the National Wilderness Pres19 ervation System, to be known as the ‘‘Zion Wilder20 ness’’. 

21 (2) INCORPORATION OF ACQUIRED LAND.—Any 

22 land located in the Zion National Park that is ac23 quired by the Secretary through a voluntary sale, ex24 change, or donation may, on the recommendation of 

25 the Secretary, become part of the Wilderness Area, in 
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1 accordance with the Wilderness Act (16 U.S.C. 1131 

2 et seq.). 

3 (3) MAP AND LEGAL DESCRIPTION.— 

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

5 after the date of enactment of this Act, the Sec6 retary shall submit to the Committee on Energy 

7 and Natural Resources of the Senate and the 

8 Committee on Natural Resources of the House of 

9 Representatives a map and legal description of 

10 the Wilderness Area. 

11 (B) FORCE AND EFFECT.—The map and 

12 legal description submitted under subparagraph 

13 (A) shall have the same force and effect as if in14 cluded in this Act, except that the Secretary may 

15 correct any clerical or typographical errors in 

16 the map or legal description. 

17 (C) AVAILABILITY.—The map and legal de18 scription submitted under subparagraph (A) 

19 shall be available in the appropriate offices of the 

20 National Park Service. 

21 SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA. 

22 (a) PURPOSES.—The purposes of this section are— 

23 (1) to conserve, protect, and enhance for the ben24 efit and enjoyment of present and future generations 

25 the ecological, scenic, wildlife, recreational, cultural, 
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1 historical, natural, educational, and scientific re2 sources of the National Conservation Area; and 

3 (2) to protect each species that is— 

4 (A) located in the National Conservation 

5 Area; and 

6 (B) listed as a threatened or endangered 

7 species on the list of threatened species or the list 

8 of endangered species published under section 

9 4(c)(1) of the Endangered Species Act of 1973 

10 (16 U.S.C. 1533(c)(1)). 

11 (b) DEFINITIONS.—In this section: 

12 (1) HABITAT CONSERVATION PLAN.—The term 

13 ‘‘habitat conservation plan’’ means the conservation 

14 plan entitled ‘‘Washington County Habitat Conserva15 tion Plan’’ and dated February 23, 1996. 

16 (2) MANAGEMENT PLAN.—The term ‘‘manage17 ment plan’’ means the management plan for the Na18 tional Conservation Area developed by the Secretary 

19 under subsection (d)(1). 

20 (3) NATIONAL CONSERVATION AREA.—The term 

21 ‘‘National Conservation Area’’ means the Red Cliffs 

22 National Conservation Area that— 

23 (A) consists of approximately 44,725 acres 

24 of public land in the County, as generally de-
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1 picted on the Red Cliffs National Conservation 

2 Area Map; and 

3 (B) is established by subsection (c). 

4 (4) PUBLIC USE PLAN.—The term ‘‘public use 

5 plan’’ means the use plan entitled ‘‘Red Cliffs Desert 

6 Reserve Public Use Plan’’ and dated June 12, 2000, 

7 as amended. 

8 (5) RESOURCE MANAGEMENT PLAN.—The term 

9 ‘‘resource management plan’’ means the management 

10 plan entitled ‘‘St. George Field Office Resource Man11 agement Plan’’ and dated March 15, 1999, as amend12 ed. 

13 (c) ESTABLISHMENT.—Subject to valid existing rights, 

14 there is established in the State the Red Cliffs National Con15 servation Area. 

16 (d) MANAGEMENT PLAN.— 

17 (1) IN GENERAL.—Not later than 3 years after 

18 the date of enactment of this Act and in accordance 

19 with paragraph (2), the Secretary shall develop a 

20 comprehensive plan for the long-term management of 

21 the National Conservation Area. 

22 (2) CONSULTATION.—In developing the manage23 ment plan required under paragraph (1), the Sec24 retary shall consult with— 
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1 (A) appropriate State, tribal, and local gov2 ernmental entities; and 

3 (B) members of the public. 

4 (3) INCORPORATION OF PLANS.—In developing 

5 the management plan required under paragraph (1), 

6 to the extent consistent with this section, the Sec7 retary may incorporate any provision of— 

8 (A) the habitat conservation plan; 

9 (B) the resource management plan; and 

10 (C) the public use plan. 

11 (e) MANAGEMENT.— 

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

13 the National Conservation Area— 

14 (A) in a manner that conserves, protects, 

15 and enhances the resources of the National Con16 servation Area; and 

17 (B) in accordance with— 

18 (i) the Federal Land Policy and Man19 agement Act of 1976 (43 U.S.C. 1701 et 

20 seq.); 

21 (ii) this section; and 

22 (iii) any other applicable law (includ23 ing regulations). 

24 (2) USES.—The Secretary shall only allow uses 

25 of the National Conservation Area that the Secretary 
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1 determines would further a purpose described in sub2 section (a). 

3 (3) MOTORIZED VEHICLES.—Except in cases in 

4 which motorized vehicles are needed for administra5 tive purposes, or to respond to an emergency, the use 

6 of motorized vehicles in the National Conservation 

7 Area shall be permitted only on roads designated by 

8 the management plan for the use of motorized vehi9 cles. 

10 (4) GRAZING.—The grazing of livestock in the 

11 National Conservation Area, where established before 

12 the date of enactment of this Act, shall be permitted 

13 to continue— 

14 (A) subject to— 

15 (i) such reasonable regulations, poli16 cies, and practices as the Secretary con17 siders necessary; and 

18 (ii) applicable law; and 

19 (B) in a manner consistent with the pur20 poses described in subsection (a). 

21 (5) WILDLAND FIRE OPERATIONS.—Nothing in 

22 this section prohibits the Secretary, in cooperation 

23 with other Federal, State, and local agencies, as ap24 propriate, from conducting wildland fire operations 
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1 in the National Conservation Area, consistent with 

2 the purposes of this section. 

3 (f) INCORPORATION OF ACQUIRED LAND AND INTER4 ESTS.—Any land or interest in land that is located in the 

5 National Conservation Area that is acquired by the United 

6 States shall— 

7 (1) become part of the National Conservation 

8 Area; and 

9 (2) be managed in accordance with— 

10 (A) the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

12 (B) this section; and 

13 (C) any other applicable law (including 

14 regulations). 

15 (g) WITHDRAWAL.— 

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

17 rights, all Federal land located in the National Con18 servation Area are withdrawn from— 

19 (A) all forms of entry, appropriation, and 

20 disposal under the public land laws; 

21 (B) location, entry, and patenting under the 

22 mining laws; and 

23 (C) operation of the mineral leasing, min24 eral materials, and geothermal leasing laws. 
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1 (2) ADDITIONAL LAND.—If the Secretary ac2 quires additional land that is located in the National 

3 Conservation Area after the date of enactment of this 

4 Act, the land is withdrawn from operation of the laws 

5 referred to in paragraph (1) on the date of acquisi6 tion of the land. 

7 (h) EFFECT.—Nothing in this section prohibits the au8 thorization of the development of utilities within the Na9 tional Conservation Area if the development is carried out 

10 in accordance with— 

11 (1) each utility development protocol described in 

12 the habitat conservation plan; and 

13 (2) any other applicable law (including regula14 tions). 

15 SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION 

16 AREA. 

17 (a) PURPOSE.—The purpose of this section is to con18 serve, protect, and enhance for the benefit and enjoyment 

19 of present and future generations the ecological, scenic, 

20 wildlife, recreational, cultural, historical, natural, edu21 cational, and scientific resources of the Beaver Dam Wash 

22 National Conservation Area. 

23 (b) DEFINITIONS.—In this section: 

24 (1) MANAGEMENT PLAN.—The term ‘‘manage25 ment plan’’ means the management plan for the Na-
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1 tional Conservation Area developed by the Secretary 

2 under subsection (d)(1). 

3 (2) NATIONAL CONSERVATION AREA.—The term 

4 ‘‘National Conservation Area’’ means the Beaver Dam 

5 Wash National Conservation Area that— 

6 (A) consists of approximately 68,083 acres 

7 of public land in the County, as generally de8 picted on the Beaver Dam Wash National Con9 servation Area Map; and 

10 (B) is established by subsection (c). 

11 (c) ESTABLISHMENT.—Subject to valid existing rights, 

12 there is established in the State the Beaver Dam Wash Na13 tional Conservation Area. 

14 (d) MANAGEMENT PLAN.— 

15 (1) IN GENERAL.—Not later than 3 years after 

16 the date of enactment of this Act and in accordance 

17 with paragraph (2), the Secretary shall develop a 

18 comprehensive plan for the long-term management of 

19 the National Conservation Area. 

20 (2) CONSULTATION.—In developing the manage21 ment plan required under paragraph (1), the Sec22 retary shall consult with— 

23 (A) appropriate State, tribal, and local gov24 ernmental entities; and 

25 (B) members of the public. 
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1 (3) MOTORIZED VEHICLES.—In developing the 

2 management plan required under paragraph (1), the 

3 Secretary shall incorporate the restrictions on motor4 ized vehicles described in subsection (e)(3). 

5 (e) MANAGEMENT.— 

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

7 the National Conservation Area— 

8 (A) in a manner that conserves, protects, 

9 and enhances the resources of the National Con10 servation Area; and 

11 (B) in accordance with— 

12 (i) the Federal Land Policy and Man13 agement Act of 1976 (43 U.S.C. 1701 et 

14 seq.); 

15 (ii) this section; and 

16 (iii) any other applicable law (includ17 ing regulations). 

18 (2) USES.—The Secretary shall only allow uses 

19 of the National Conservation Area that the Secretary 

20 determines would further the purpose described in 

21 subsection (a). 

22 (3) MOTORIZED VEHICLES.— 

23 (A) IN GENERAL.—Except in cases in which 

24 motorized vehicles are needed for administrative 

25 purposes, or to respond to an emergency, the use 
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1 of motorized vehicles in the National Conserva2 tion Area shall be permitted only on roads des3 ignated by the management plan for the use of 

4 motorized vehicles. 

5 (B) ADDITIONAL REQUIREMENT RELATING

6 TO CERTAIN AREAS LOCATED IN THE NATIONAL

7 CONSERVATION AREA.—In addition to the re8 quirement described in subparagraph (A), with 

9 respect to the areas designated on the Beaver 

10 Dam Wash National Conservation Area Map as 

11 ‘‘Designated Road Areas’’, motorized vehicles 

12 shall be permitted only on the roads identified 

13 on such map. 

14 (4) GRAZING.—The grazing of livestock in the 

15 National Conservation Area, where established before 

16 the date of enactment of this Act, shall be permitted 

17 to continue— 

18 (A) subject to— 

19 (i) such reasonable regulations, poli20 cies, and practices as the Secretary con21 siders necessary; and 

22 (ii) applicable law (including regula23 tions); and 

24 (B) in a manner consistent with the pur25 pose described in subsection (a). 
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1 (5) WILDLAND FIRE OPERATIONS.—Nothing in 

2 this section prohibits the Secretary, in cooperation 

3 with other Federal, State, and local agencies, as ap4 propriate, from conducting wildland fire operations 

5 in the National Conservation Area, consistent with 

6 the purposes of this section. 

7 (f) INCORPORATION OF ACQUIRED LAND AND INTER8 ESTS.—Any land or interest in land that is located in the 

9 National Conservation Area that is acquired by the United 

10 States shall— 

11 (1) become part of the National Conservation 

12 Area; and 

13 (2) be managed in accordance with— 

14 (A) the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

16 (B) this section; and 

17 (C) any other applicable law (including 

18 regulations). 

19 (g) WITHDRAWAL.— 

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

21 rights, all Federal land located in the National Con22 servation Area is withdrawn from— 

23 (A) all forms of entry, appropriation, and 

24 disposal under the public land laws; 
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1 (B) location, entry, and patenting under the 

2 mining laws; and 

3 (C) operation of the mineral leasing, min4 eral materials, and geothermal leasing laws. 

5 (2) ADDITIONAL LAND.—If the Secretary ac6 quires additional land that is located in the National 

7 Conservation Area after the date of enactment of this 

8 Act, the land is withdrawn from operation of the laws 

9 referred to in paragraph (1) on the date of acquisi10 tion of the land. 

11 SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER 

12 DESIGNATION. 

13 (a) DESIGNATION.—Section 3(a) of the Wild and Sce14 nic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 

15 1852) is amended by adding at the end the following: 

16 ‘‘(204) ZION NATIONAL PARK, UTAH.—The ap17 proximately 165.5 miles of segments of the Virgin 

18 River and tributaries of the Virgin River across Fed19 eral land within and adjacent to Zion National Park, 

20 as generally depicted on the map entitled ‘Wild and 

21 Scenic River Segments Zion National Park and Bu22 reau of Land Management’ and dated April 2008, to 

23 be administered by the Secretary of the Interior in the 

24 following classifications: 
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1 ‘‘(A) TAYLOR CREEK.—The 4.5-mile seg2 ment from the junction of the north, middle, and 

3 south forks of Taylor Creek, west to the park 

4 boundary and adjacent land rim-to-rim, as a 

5 scenic river. 

6 ‘‘(B) NORTH FORK OF TAYLOR CREEK.—The 

7 segment from the head of North Fork to the junc8 tion with Taylor Creek and adjacent land rim9 to-rim, as a wild river. 

10 ‘‘(C) MIDDLE FORK OF TAYLOR CREEK.— 

11 The segment from the head of Middle Fork on 

12 Bureau of Land Management land to the junc13 tion with Taylor Creek and adjacent land rim14 to-rim, as a wild river. 

15 ‘‘(D) SOUTH FORK OF TAYLOR CREEK.—The 

16 segment from the head of South Fork to the junc17 tion with Taylor Creek and adjacent land rim18 to-rim, as a wild river. 

19 ‘‘(E) TIMBER CREEK AND TRIBUTARIES.— 

20 The 3.1-mile segment from the head of Timber 

21 Creek and tributaries of Timber Creek to the 

22 junction with LaVerkin Creek and adjacent land 

23 rim-to-rim, as a wild river. 

24 ‘‘(F) LAVERKIN CREEK.—The 16.1-mile seg25 ment beginning in T. 38 S., R. 11 W., sec. 21, 
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1 on Bureau of Land Management land, southwest 

2 through Zion National Park, and ending at the 

3 south end of T. 40 S., R. 12 W., sec. 7, and adjacent land 1 4 ⁄2-mile wide, as a wild river. 

5 ‘‘(G) WILLIS CREEK.—The 1.9-mile segment 

6 beginning on Bureau of Land Management land 

7 in the SWSW sec. 27, T. 38 S., R. 11 W., to the 

8 junction with LaVerkin Creek in Zion National 

9 Park and adjacent land rim-to-rim, as a wild 

10 river. 

11 ‘‘(H) BEARTRAP CANYON.—The 2.3-mile 

12 segment beginning on Bureau of Management 

13 land in the SWNW sec. 3, T. 39 S., R. 11 W., 

14 to the junction with LaVerkin Creek and the seg15 ment from the headwaters north of Long Point 

16 to the junction with LaVerkin Creek and adja17 cent land rim-to-rim, as a wild river. 

18 ‘‘(I) HOP VALLEY CREEK.—The 3.3-mile 

19 segment beginning at the southern boundary of 

20 T. 39 S., R. 11 W., sec. 20, to the junction with 

LaVerkin Creek and adjacent land 1 21 ⁄2-mile wide, 

22 as a wild river. 

23 ‘‘(J) CURRENT CREEK.—The 1.4-mile seg24 ment from the head of Current Creek to the junc-
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1 tion with LaVerkin Creek and adjacent land 

2 rim-to-rim, as a wild river. 

3 ‘‘(K) CANE CREEK.—The 0.6-mile segment 

4 from the head of Smith Creek to the junction 

with LaVerkin Creek and adjacent land 1 5 ⁄2-mile 

6 wide, as a wild river. 

7 ‘‘(L) SMITH CREEK.—The 1.3-mile segment 

8 from the head of Smith Creek to the junction 

with LaVerkin Creek and adjacent land 1 9 ⁄2-mile 

10 wide, as a wild river. 

11 ‘‘(M) NORTH CREEK LEFT AND RIGHT

12 FORKS.—The segment of the Left Fork from the 

13 junction with Wildcat Canyon to the junction 

14 with Right Fork, from the head of Right Fork to 

15 the junction with Left Fork, and from the junc16 tion of the Left and Right Forks southwest to 

17 Zion National Park boundary and adjacent land 

18 rim-to-rim, as a wild river. 

19 ‘‘(N) WILDCAT CANYON (BLUE CREEK).— 

20 The segment of Blue Creek from the Zion Na21 tional Park boundary to the junction with the 

22 Right Fork of North Creek and adjacent land 

23 rim-to-rim, as a wild river. 

24 ‘‘(O) LITTLE CREEK.—The segment begin25 ning at the head of Little Creek to the junction 
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1 with the Left Fork of North Creek and adjacent 

land 1 2 ⁄2-mile wide, as a wild river. 

3 ‘‘(P) RUSSELL GULCH.—The segment from 

4 the head of Russell Gulch to the junction with 

5 the Left Fork of North Creek and adjacent land 

6 rim-to-rim, as a wild river. 

7 ‘‘(Q) GRAPEVINE WASH.—The 2.6-mile seg8 ment from the Lower Kolob Plateau to the junc9 tion with the Left Fork of North Creek and adja10 cent land rim-to-rim, as a scenic river. 

11 ‘‘(R) PINE SPRING WASH.—The 4.6-mile 

12 segment to the junction with the left fork of 

North Creek and adjacent land 1 13 ⁄2-mile, as a sce14 nic river. 

15 ‘‘(S) WOLF SPRINGS WASH.—The 1.4-mile 

16 segment from the head of Wolf Springs Wash to 

17 the junction with Pine Spring Wash and adjacent land 1 18 ⁄2-mile wide, as a scenic river. 

19 ‘‘(T) KOLOB CREEK.—The 5.9-mile segment 

20 of Kolob Creek beginning in T. 39 S., R. 10 W., 

21 sec. 30, through Bureau of Land Management 

22 land and Zion National Park land to the junc23 tion with the North Fork of the Virgin River and 

24 adjacent land rim-to-rim, as a wild river. 
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1 ‘‘(U) OAK CREEK.—The 1-mile stretch of 

2 Oak Creek beginning in T. 39 S., R. 10 W., sec. 

3 19, to the junction with Kolob Creek and adja4 cent land rim-to-rim, as a wild river. 

5 ‘‘(V) GOOSE CREEK.—The 4.6-mile segment 

6 of Goose Creek from the head of Goose Creek 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 ‘‘(W) DEEP CREEK.—The 5.3-mile segment 

11 of Deep Creek beginning on Bureau of Land 

12 Management land at the northern boundary of 

13 T. 39 S., R. 10 W., sec. 23, south to the junction 

14 of the North Fork of the Virgin River and adja15 cent land rim-to-rim, as a wild river. 

16 ‘‘(X) NORTH FORK OF THE VIRGIN RIVER.— 

17 The 10.8-mile segment of the North Fork of the 

18 Virgin River beginning on Bureau of Land Man19 agement land at the eastern border of T. 39 S., 

20 R. 10 W., sec. 35, to Temple of Sinawava and 

21 adjacent land rim-to-rim, as a wild river. 

22 ‘‘(Y) NORTH FORK OF THE VIRGIN RIVER.— 

23 The 8-mile segment of the North Fork of the Vir24 gin River from Temple of Sinawava south to the 
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1 Zion National Park boundary and adjacent land 

1 2 ⁄2-mile wide, as a recreational river. 

3 ‘‘(Z) IMLAY CANYON.—The segment from the 

4 head of Imlay Creek to the junction with the 

5 North Fork of the Virgin River and adjacent 

6 land rim-to-rim, as a wild river. 

7 ‘‘(AA) ORDERVILLE CANYON.—The segment 

8 from the eastern boundary of Zion National 

9 Park to the junction with the North Fork of the 

10 Virgin River and adjacent land rim-to-rim, as a 

11 wild river. 

12 ‘‘(BB) MYSTERY CANYON.—The segment 

13 from the head of Mystery Canyon to the junction 

14 with the North Fork of the Virgin River and ad15 jacent land rim-to-rim, as a wild river. 

16 ‘‘(CC) ECHO CANYON.—The segment from 

17 the eastern boundary of Zion National Park to 

18 the junction with the North Fork of the Virgin 

19 River and adjacent land rim-to-rim, as a wild 

20 river. 

21 ‘‘(DD) BEHUNIN CANYON.—The segment 

22 from the head of Behunin Canyon to the junction 

23 with the North Fork of the Virgin River and ad24 jacent land rim-to-rim, as a wild river. 
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1 ‘‘(EE) HEAPS CANYON.—The segment from 

2 the head of Heaps Canyon to the junction with 

3 the North Fork of the Virgin River and adjacent 

4 land rim-to-rim, as a wild river. 

5 ‘‘(FF) BIRCH CREEK.—The segment from 

6 the head of Birch Creek to the junction with the 

7 North Fork of the Virgin River and adjacent 

land 1 8 ⁄2-mile wide, as a wild river. 

9 ‘‘(GG) OAK CREEK.—The segment of Oak 

10 Creek from the head of Oak Creek to where the 

forks join and adjacent land 1 11 ⁄2-mile wide, as a 

12 wild river. 

13 ‘‘(HH) OAK CREEK.—The 1-mile segment of 

14 Oak Creek from the point at which the 2 forks 

15 of Oak Creek join to the junction with the North 

Fork of the Virgin River and adjacent land 1 16 ⁄2- 

17 mile wide, as a recreational river. 

18 ‘‘(II) CLEAR CREEK.—The 6.4-mile segment 

19 of Clear Creek from the eastern boundary of Zion 

20 National Park to the junction with Pine Creek 

21 and adjacent land rim-to-rim, as a recreational 

22 river. 

23 ‘‘(JJ) PINE CREEK .—The 2-mile segment of 

24 Pine Creek from the head of Pine Creek to the 
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1 junction with Clear Creek and adjacent land 

2 rim-to-rim, as a wild river. 

3 ‘‘(KK) PINE CREEK.—The 3-mile segment 

4 of Pine Creek from the junction with Clear Creek 

5 to the junction with the North Fork of the Virgin 

6 River and adjacent land rim-to-rim, as a rec7 reational river. 

8 ‘‘(LL) EAST FORK OF THE VIRGIN RIVER.— 

9 The 8-mile segment of the East Fork of the Vir10 gin River from the eastern boundary of Zion Na11 tional Park through Parunuweap Canyon to the 

12 western boundary of Zion National Park and 

adjacent land 1 13 ⁄2-mile wide, as a wild river. 

14 ‘‘(MM) SHUNES CREEK.—The 3-mile seg15 ment of Shunes Creek from the dry waterfall on 

16 land administered by the Bureau of Land Man17 agement through Zion National Park to the 

18 western boundary of Zion National Park and 

adjacent land 1 19 ⁄2-mile wide as a wild river.’’. 

20 (b) INCORPORATION OF ACQUIRED NON-FEDERAL

21 LAND.—If the United States acquires any non-Federal land 

22 within or adjacent to Zion National Park that includes a 

23 river segment that is contiguous to a river segment of the 

24 Virgin River designated as a wild, scenic, or recreational 

25 river by paragraph (204) of section 3(a) of the Wild and 
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1 Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by sub2 section (a)), the acquired river segment shall be incor3 porated in, and be administered as part of, the applicable 

4 wild, scenic, or recreational river. 

5 (c) SAVINGS CLAUSE.—The amendment made by sub6 section (a) does not affect the agreement among the United 

7 States, the State, the Washington County Water Conser8 vancy District, and the Kane County Water Conservancy 

9 District entitled ‘‘Zion National Park Water Rights Settle10 ment Agreement’’ and dated December 4, 1996. 

11 SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL 

12 AND TRANSPORTATION MANAGEMENT PLAN. 

13 (a) DEFINITIONS.—In this section: 

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

15 the Secretary of the Interior. 

16 (2) SECRETARY CONCERNED.—The term ‘‘Sec17 retary concerned’’ means— 

18 (A) with respect to land managed by the 

19 Bureau of Land Management, the Secretary; and 

20 (B) with respect to land managed by the 

21 Forest Service, the Secretary of Agriculture. 

22 (3) TRAIL.—The term ‘‘trail’’ means the High 

23 Desert Off-Highway Vehicle Trail designated under 

24 subsection (c)(1)(A). 
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1 (4) TRAVEL MANAGEMENT PLAN.—The term 

2 ‘‘travel management plan’’ means the comprehensive 

3 travel and transportation management plan devel4 oped under subsection (b)(1). 

5 (b) COMPREHENSIVE TRAVEL AND TRANSPORTATION

6 MANAGEMENT PLAN.— 

7 (1) IN GENERAL.—Not later than 3 years after 

8 the date of enactment of this Act, in accordance with 

9 the Federal Land Policy and Management Act of 

10 1976 (43 U.S.C. 1701 et seq.) and other applicable 

11 laws (including regulations), the Secretary, in con12 sultation with appropriate Federal agencies and 

13 State, tribal, and local governmental entities, and 

14 after an opportunity for public comment, shall de15 velop a comprehensive travel management plan for 

16 the land managed by the Bureau of Land Manage17 ment in the County— 

18 (A) to provide to the public a clearly 

19 marked network of roads and trails with signs 

20 and maps to promote— 

21 (i) public safety and awareness; and 

22 (ii) enhanced recreation and general 

23 access opportunities; 

24 (B) to help reduce in the County growing 

25 conflicts arising from interactions between— 
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1 (i) motorized recreation; and 

2 (ii) the important resource values of 

3 public land; 

4 (C) to promote citizen-based opportunities 

5 for— 

6 (i) the monitoring and stewardship of 

7 the trail; and 

8 (ii) trail system management; and 

9 (D) to support law enforcement officials in 

10 promoting— 

11 (i) compliance with off-highway vehicle 

12 laws (including regulations); and 

13 (ii) effective deterrents of abuses of 

14 public land. 

15 (2) SCOPE; CONTENTS.—In developing the travel 

16 management plan, the Secretary shall— 

17 (A) in consultation with appropriate Fed18 eral agencies, State, tribal, and local govern19 mental entities (including the County and St. 

20 George City, Utah), and the public, identify 1 or 

21 more alternatives for a northern transportation 

22 route in the County; 

23 (B) ensure that the travel management plan 

24 contains a map that depicts the trail; and 
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1 (C) designate a system of areas, roads, and 

2 trails for mechanical and motorized use. 

3 (c) DESIGNATION OF TRAIL.— 

4 (1) DESIGNATION.— 

5 (A) IN GENERAL.—As a component of the 

6 travel management plan, and in accordance with 

7 subparagraph (B), the Secretary, in coordination 

8 with the Secretary of Agriculture, and after an 

9 opportunity for public comment, shall designate 

10 a trail (which may include a system of trails)— 

11 (i) for use by off-highway vehicles; and 

12 (ii) to be known as the ‘‘High Desert 

13 Off-Highway Vehicle Trail’’. 

14 (B) REQUIREMENTS.—In designating the 

15 trail, the Secretary shall only include trails that 

16 are— 

17 (i) as of the date of enactment of this 

18 Act, authorized for use by off-highway vehi19 cles; and 

20 (ii) located on land that is managed by 

21 the Bureau of Land Management in the 

22 County. 

23 (C) NATIONAL FOREST LAND.—The Sec24 retary of Agriculture, in coordination with the 

25 Secretary and in accordance with applicable 
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1 law, may designate a portion of the trail on Na2 tional Forest System land within the County. 

3 (D) MAP.—A map that depicts the trail 

4 shall be on file and available for public inspec5 tion in the appropriate offices of— 

6 (i) the Bureau of Land Management; 

7 and 

8 (ii) the Forest Service. 

9 (2) MANAGEMENT.— 

10 (A) IN GENERAL.—The Secretary concerned 

11 shall manage the trail— 

12 (i) in accordance with applicable laws 

13 (including regulations); 

14 (ii) to ensure the safety of citizens who 

15 use the trail; and 

16 (iii) in a manner by which to mini17 mize any damage to sensitive habitat or 

18 cultural resources. 

19 (B) MONITORING; EVALUATION.—To mini20 mize the impacts of the use of the trail on envi21 ronmental and cultural resources, the Secretary 

22 concerned shall— 

23 (i) annually assess the effects of the use 

24 of off-highway vehicles on— 

25 (I) the trail; and 
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1 (II) land located in proximity to 

2 the trail; and 

3 (ii) in consultation with the Utah De4 partment of Natural Resources, annually 

5 assess the effects of the use of the trail on 

6 wildlife and wildlife habitat. 

7 (C) CLOSURE.—The Secretary concerned, in 

8 consultation with the State and the County, and 

9 subject to subparagraph (D), may temporarily 

10 close or permanently reroute a portion of the 

11 trail if the Secretary concerned determines 

12 that— 

13 (i) the trail is having an adverse im14 pact on— 

15 (I) wildlife habitats; 

16 (II) natural resources; 

17 (III) cultural resources; or 

18 (IV) traditional uses; 

19 (ii) the trail threatens public safety; or 

20 (iii) closure of the trail is necessary— 

21 (I) to repair damage to the trail; 

22 or 

23 (II) to repair resource damage. 

24 (D) REROUTING.—Any portion of the trail 

25 that is temporarily closed by the Secretary con-
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1 cerned under subparagraph (C) may be perma2 nently rerouted along any road or trail— 

3 (i) that is— 

4 (I) in existence as of the date of 

5 the closure of the portion of the trail; 

6 (II) located on public land; and 

7 (III) open to motorized use; and 

8 (ii) if the Secretary concerned deter9 mines that rerouting the portion of the trail 

10 would not significantly increase or decrease 

11 the length of the trail. 

12 (E) NOTICE OF AVAILABLE ROUTES.—The 

13 Secretary, in coordination with the Secretary of 

14 Agriculture, shall ensure that visitors to the trail 

15 have access to adequate notice relating to the 

16 availability of trail routes through— 

17 (i) the placement of appropriate sign18 age along the trail; and 

19 (ii) the distribution of maps, safety 

20 education materials, and other information 

21 that the Secretary concerned determines to 

22 be appropriate. 

23 (3) EFFECT.—Nothing in this section affects the 

24 ownership, management, or other rights relating to 
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1 any non-Federal land (including any interest in any 

2 non-Federal land). 

3 SEC. 1978. LAND DISPOSAL AND ACQUISITION. 

4 (a) IN GENERAL.—Consistent with applicable law, the 

5 Secretary of the Interior may sell public land located within 

6 Washington County, Utah, that, as of July 25, 2000, has 

7 been identified for disposal in appropriate resource man8 agement plans. 

9 (b) USE OF PROCEEDS.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law (other than a law that specifically 

12 provides for a portion of the proceeds of a land sale 

13 to be distributed to any trust fund of the State), pro14 ceeds from the sale of public land under subsection (a) 

15 shall be deposited in a separate account in the Treas16 ury to be known as the ‘‘Washington County, Utah 

17 Land Acquisition Account’’. 

18 (2) AVAILABILITY.— 

19 (A) IN GENERAL.—Amounts in the account 

20 shall be available to the Secretary, without fur21 ther appropriation, to purchase from willing 

22 sellers lands or interests in land within the wil23 derness areas and National Conservation Areas 

24 established by this subtitle. 
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1 (B) APPLICABILITY.—Any purchase of land 

2 or interest in land under subparagraph (A) shall 

3 be in accordance with applicable law. 

4 SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS. 

5 (a) IN GENERAL.—In accordance with applicable Fed6 eral laws (including regulations), the Secretary of the Inte7 rior shall— 

8 (1) identify areas located in the County where 

9 biological conservation is a priority; and 

10 (2) undertake activities to conserve and restore 

11 plant and animal species and natural communities 

12 within such areas. 

13 (b) GRANTS; COOPERATIVE AGREEMENTS.—In car14 rying out subsection (a), the Secretary of the Interior may 

15 make grants to, or enter into cooperative agreements with, 

16 State, tribal, and local governmental entities and private 

17 entities to conduct research, develop scientific analyses, and 

18 carry out any other initiative relating to the restoration 

19 or conservation of the areas. 

20 SEC. 1980. PUBLIC PURPOSE CONVEYANCES. 

21 (a) IN GENERAL.—Notwithstanding the land use plan22 ning requirements of sections 202 and 203 of the Federal 

23 Land Policy and Management Act of 1976 (43 U.S.C. 1712, 

24 1713), upon the request of the appropriate local govern25 mental entity, as described below, the Secretary shall convey 
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1 the following parcels of public land without consideration, 

2 subject to the provisions of this section: 

3 (1) TEMPLE QUARRY.—The approximately 122- 

4 acre parcel known as ‘‘Temple Quarry’’ as generally 

5 depicted on the Washington County Growth and Con6 servation Act Map as ‘‘Parcel B’’, to the City of St. 

7 George, Utah, for open space and public recreation 

8 purposes. 

9 (2) HURRICANE CITY SPORTS PARK.—The ap10 proximately 41-acre parcel as generally depicted on 

11 the Washington County Growth and Conservation Act 

12 Map as ‘‘Parcel C’’, to the City of Hurricane, Utah, 

13 for public recreation purposes and public administra14 tive offices. 

15 (3) WASHINGTON COUNTY SCHOOL DISTRICT.— 

16 The approximately 70-acre parcel as generally de17 picted on the Washington County Growth and Con18 servation Act Map as ‘‘Parcel D’’, to the Washington 

19 County Public School District for use for public 

20 school and related educational and administrative 

21 purposes. 

22 (4) WASHINGTON COUNTY JAIL.—The approxi23 mately 80-acre parcel as generally depicted on the 

24 Washington County Growth and Conservation Act 
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1 Map as ‘‘Parcel E’’, to Washington County, Utah, for 

2 expansion of the Purgatory Correctional Facility. 

3 (5) HURRICANE EQUESTRIAN PARK.—The ap4 proximately 40-acre parcel as generally depicted on 

5 the Washington County Growth and Conservation Act 

6 Map as ‘‘Parcel F’’, to the City of Hurricane, Utah, 

7 for use as a public equestrian park. 

8 (b) MAP AND LEGAL DESCRIPTIONS.—As soon as prac9 ticable after the date of enactment of this Act, the Secretary 

10 shall finalize legal descriptions of the parcels to be conveyed 

11 under this section. The Secretary may correct any minor 

12 errors in the map referenced in subsection (a) or in the ap13 plicable legal descriptions. The map and legal descriptions 

14 shall be on file and available for public inspection in the 

15 appropriate offices of the Bureau of Land Management. 

16 (c) REVERSION.— 

17 (1) IN GENERAL.—If any parcel conveyed under 

18 this section ceases to be used for the public purpose 

19 for which the parcel was conveyed, as described in 

20 subsection (a), the land shall, at the discretion of the 

21 Secretary based on his determination of the best inter22 ests of the United States, revert to the United States. 

23 (2) RESPONSIBILITY OF LOCAL GOVERNMENTAL

24 ENTITY.—If the Secretary determines pursuant to 

25 paragraph (1) that the land should revert to the 
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1 United States, and if the Secretary determines that 

2 the land is contaminated with hazardous waste, the 

3 local governmental entity to which the land was con4 veyed shall be responsible for remediation of the con5 tamination. 

6 SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST 

7 LAND. 

8 (a) DEFINITIONS.—In this section: 

9 (1) COVERED FEDERAL LAND.—The term ‘‘cov10 ered Federal land’’ means the approximately 66.07 

11 acres of land in the Dixie National Forest in the 

12 State, as depicted on the map. 

13 (2) LANDOWNER.—The term ‘‘landowner’’ means 

14 Kirk R. Harrison, who owns land in Pinto Valley, 

15 Utah. 

16 (3) MAP.—The term ‘‘map’’ means the map enti17 tled ‘‘Conveyance of Dixie National Forest Land’’ and 

18 dated December 18, 2008. 

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

20 the Secretary of Agriculture. 

21 (b) CONVEYANCE.— 

22 (1) IN GENERAL.—The Secretary may convey to 

23 the landowner all right, title, and interest of the 

24 United States in and to any of the covered Federal 
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1 land (including any improvements or appurtenances 

2 to the covered Federal land) by sale or exchange. 

3 (2) LEGAL DESCRIPTION.—The exact acreage 

4 and legal description of the covered Federal land to 

5 be conveyed under paragraph (1) shall be determined 

6 by surveys satisfactory to the Secretary. 

7 (3) CONSIDERATION.— 

8 (A) IN GENERAL.—As consideration for any 

9 conveyance by sale under paragraph (1), the 

10 landowner shall pay to the Secretary an amount 

11 equal to the fair market value of any Federal 

12 land conveyed, as determined under subpara13 graph (B). 

14 (B) APPRAISAL.—The fair market value of 

15 any Federal land that is conveyed under para16 graph (1) shall be determined by an appraisal 

17 acceptable to the Secretary that is performed in 

18 accordance with— 

19 (i) the Uniform Appraisal Standards 

20 for Federal Land Acquisitions; 

21 (ii) the Uniform Standards of Profes22 sional Appraisal Practice; and 

23 (iii) any other applicable law (includ24 ing regulations). 

25 (4) DISPOSITION AND USE OF PROCEEDS.— 
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1 (A) DISPOSITION OF PROCEEDS.—The Sec2 retary shall deposit the proceeds of any sale of 

3 land under paragraph (1) in the fund established 

4 under Public Law 90–171 (commonly known as 

5 the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

6 (B) USE OF PROCEEDS.—Amounts depos7 ited under subparagraph (A) shall be available 

8 to the Secretary, without further appropriation 

9 and until expended, for the acquisition of real 

10 property or interests in real property for inclu11 sion in the Dixie National Forest in the State. 

12 (5) ADDITIONAL TERMS AND CONDITIONS.—The 

13 Secretary may require any additional terms and con14 ditions for any conveyance under paragraph (1) that 

15 the Secretary determines to be appropriate to protect 

16 the interests of the United States. 

17 SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS 

18 BAND OF PAIUTE INDIANS. 

19 (a) DEFINITIONS.—In this section: 

20 (1) PARCEL A.—The term ‘‘Parcel A’’ means the 

21 parcel that consists of approximately 640 acres of 

22 land that is— 

23 (A) managed by the Bureau of Land Man24 agement; 
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1 (B) located in Washington County, Utah; 

2 and 

3 (C) depicted on the map entitled ‘‘Wash4 ington County Growth and Conservation Act 

5 Map’’. 

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

7 the Secretary of the Interior. 

8 (3) TRIBE.—The term ‘‘Tribe’’ means the 

9 Shivwits Band of Paiute Indians of the State of 

10 Utah. 

11 (b) PARCEL TO BE HELD IN TRUST.— 

12 (1) IN GENERAL.—At the request of the Tribe, 

13 the Secretary shall take into trust for the benefit of 

14 the Tribe all right, title, and interest of the United 

15 States in and to Parcel A. 

16 (2) SURVEY; LEGAL DESCRIPTION.— 

17 (A) SURVEY.—Not later than 180 days after 

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

19 acting through the Director of the Bureau of 

20 Land Management, shall complete a survey of 

21 Parcel A to establish the boundary of Parcel A. 

22 (B) LEGAL DESCRIPTION OF PARCEL A.— 

23 (i) IN GENERAL.—Upon the completion 

24 of the survey under subparagraph (A), the 
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1 Secretary shall publish in the Federal Reg2 ister a legal description of— 

3 (I) the boundary line of Parcel A; 

4 and 

5 (II) Parcel A. 

6 (ii) TECHNICAL CORRECTIONS.—Before 

7 the date of publication of the legal descrip8 tions under clause (i), the Secretary may 

9 make minor corrections to correct technical 

10 and clerical errors in the legal descriptions. 

11 (iii) EFFECT.—Effective beginning on 

12 the date of publication of the legal descrip13 tions under clause (i), the legal descriptions 

14 shall be considered to be the official legal de15 scriptions of Parcel A. 

16 (3) EFFECT.—Nothing in this section— 

17 (A) affects any valid right in existence on 

18 the date of enactment of this Act; 

19 (B) enlarges, impairs, or otherwise affects 

20 any right or claim of the Tribe to any land or 

21 interest in land other than to Parcel A that is— 

22 (i) based on an aboriginal or Indian 

23 title; and 

24 (ii) in existence as of the date of enact25 ment of this Act; or 
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1 (C) constitutes an express or implied res2 ervation of water or a water right with respect 

3 to Parcel A. 

4 (4) LAND TO BE MADE A PART OF THE RESERVA5 TION.—Land taken into trust pursuant to this section 

6 shall be considered to be part of the reservation of the 

7 Tribe. 

8 SEC. 1983. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums as 

10 are necessary to carry out this subtitle. 

11 TITLE II—BUREAU OF LAND 

12 MANAGEMENT AUTHORIZATIONS 

13 Subtitle A—National Landscape 

14 Conservation System 

15 SEC. 2001. DEFINITIONS. 

16 In this subtitle: 

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

18 the Secretary of the Interior. 

19 (2) SYSTEM.—The term ‘‘system’’ means the Na20 tional Landscape Conservation System established by 

21 section 2002(a). 

22 SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE 

23 CONSERVATION SYSTEM. 

24 (a) ESTABLISHMENT.—In order to conserve, protect, 

25 and restore nationally significant landscapes that have out-
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1 standing cultural, ecological, and scientific values for the 

2 benefit of current and future generations, there is estab3 lished in the Bureau of Land Management the National 

4 Landscape Conservation System. 

5 (b) COMPONENTS.—The system shall include each of 

6 the following areas administered by the Bureau of Land 

7 Management: 

8 (1) Each area that is designated as— 

9 (A) a national monument; 

10 (B) a national conservation area; 

11 (C) a wilderness study area; 

12 (D) a national scenic trail or national his13 toric trail designated as a component of the Na14 tional Trails System; 

15 (E) a component of the National Wild and 

16 Scenic Rivers System; or 

17 (F) a component of the National Wilderness 

18 Preservation System. 

19 (2) Any area designated by Congress to be ad20 ministered for conservation purposes, including— 

21 (A) the Steens Mountain Cooperative Man22 agement and Protection Area; 

23 (B) the Headwaters Forest Reserve; 

24 (C) the Yaquina Head Outstanding Natural 

25 Area; 
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1 (D) public land within the California 

2 Desert Conservation Area administered by the 

3 Bureau of Land Management for conservation 

4 purposes; and 

5 (E) any additional area designated by Con6 gress for inclusion in the system. 

7 (c) MANAGEMENT.—The Secretary shall manage the 

8 system— 

9 (1) in accordance with any applicable law (in10 cluding regulations) relating to any component of the 

11 system included under subsection (b); and 

12 (2) in a manner that protects the values for 

13 which the components of the system were designated. 

14 (d) EFFECT.— 

15 (1) IN GENERAL.—Nothing in this subtitle en16 hances, diminishes, or modifies any law or proclama17 tion (including regulations relating to the law or 

18 proclamation) under which the components of the sys19 tem described in subsection (b) were established or are 

20 managed, including— 

21 (A) the Alaska National Interest Lands 

22 Conservation Act (16 U.S.C. 3101 et seq.); 

23 (B) the Wilderness Act (16 U.S.C. 1131 et 

24 seq.); 
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1 (C) the Wild and Scenic Rivers Act (16 

2 U.S.C. 1271 et seq.); 

3 (D) the National Trails System Act (16 

4 U.S.C. 1241 et seq.); and 

5 (E) the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1701 et seq.). 

7 (2) FISH AND WILDLIFE.—Nothing in this sub8 title shall be construed as affecting the authority, ju9 risdiction, or responsibility of the several States to 

10 manage, control, or regulate fish and resident wildlife 

11 under State law or regulations, including the regula12 tion of hunting, fishing, trapping and recreational 

13 shooting on public land managed by the Bureau of 

14 Land Management. Nothing in this subtitle shall be 

15 construed as limiting access for hunting, fishing, 

16 trapping, or recreational shooting. 

17 SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums as 

19 are necessary to carry out this subtitle. 

20 Subtitle B—Prehistoric Trackways 

21 National Monument 

22 SEC. 2101. FINDINGS. 

23 Congress finds that— 
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1 (1) in 1987, a major deposit of Paleozoic Era 

2 fossilized footprint megatrackways was discovered in 

3 the Robledo Mountains in southern New Mexico; 

4 (2) the trackways contain footprints of numerous 

5 amphibians, reptiles, and insects (including pre6 viously unknown species), plants, and petrified wood 

7 dating back approximately 280,000,000 years, which 

8 collectively provide new opportunities to understand 

9 animal behaviors and environments from a time pre10 dating the dinosaurs; 

11 (3) title III of Public Law 101–578 (104 Stat. 

12 2860)— 

13 (A) provided interim protection for the site 

14 at which the trackways were discovered; and 

15 (B) directed the Secretary of the Interior 

16 to— 

17 (i) prepare a study assessing the sig18 nificance of the site; and 

19 (ii) based on the study, provide rec20 ommendations for protection of the paleon21 tological resources at the site; 

22 (4) the Bureau of Land Management completed 

23 the Paleozoic Trackways Scientific Study Report in 

24 1994, which characterized the site as containing ‘‘the 
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1 most scientifically significant Early Permian 

2 tracksites’’ in the world; 

3 (5) despite the conclusion of the study and the 

4 recommendations for protection, the site remains un5 protected and many irreplaceable trackways speci6 mens have been lost to vandalism or theft; and 

7 (6) designation of the trackways site as a Na8 tional Monument would protect the unique fossil re9 sources for present and future generations while al10 lowing for public education and continued scientific 

11 research opportunities. 

12 SEC. 2102. DEFINITIONS. 

13 In this subtitle: 

14 (1) MONUMENT.—The term ‘‘Monument’’ means 

15 the Prehistoric Trackways National Monument estab16 lished by section 2103(a). 

17 (2) PUBLIC LAND.—The term ‘‘public land’’ has 

18 the meaning given the term ‘‘public lands’’ in section 

19 103 of the Federal Land Policy and Management Act 

20 of 1976 (43 U.S.C. 1702). 

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

22 the Secretary of the Interior. 

23 SEC. 2103. ESTABLISHMENT. 

24 (a) IN GENERAL.—In order to conserve, protect, and 

25 enhance the unique and nationally important paleontolog-
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1 ical, scientific, educational, scenic, and recreational re2 sources and values of the public land described in subsection 

3 (b), there is established the Prehistoric Trackways National 

4 Monument in the State of New Mexico. 

5 (b) DESCRIPTION OF LAND.—The Monument shall con6 sist of approximately 5,280 acres of public land in Don ̃a 

7 Ana County, New Mexico, as generally depicted on the map 

8 entitled ‘‘Prehistoric Trackways National Monument’’ and 

9 dated December 17, 2008. 

10 (c) MAP; LEGAL DESCRIPTION.— 

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

12 the date of enactment of this Act, the Secretary shall 

13 prepare and submit to Congress an official map and 

14 legal description of the Monument. 

15 (2) CORRECTIONS.—The map and legal descrip16 tion submitted under paragraph (1) shall have the 

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

18 except that the Secretary may correct any clerical or 

19 typographical errors in the legal description and the 

20 map. 

21 (3) CONFLICT BETWEEN MAP AND LEGAL DE22 SCRIPTION.—In the case of a conflict between the map 

23 and the legal description, the map shall control. 

24 (4) AVAILABILITY OF MAP AND LEGAL DESCRIP25 TION.—Copies of the map and legal description shall 
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1 be on file and available for public inspection in the 

2 appropriate offices of the Bureau of Land Manage3 ment. 

4 (d) MINOR BOUNDARY ADJUSTMENTS.—If additional 

5 paleontological resources are discovered on public land ad6 jacent to the Monument after the date of enactment of this 

7 Act, the Secretary may make minor boundary adjustments 

8 to the Monument to include the resources in the Monument. 

9 SEC. 2104. ADMINISTRATION. 

10 (a) MANAGEMENT.— 

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

12 the Monument— 

13 (A) in a manner that conserves, protects, 

14 and enhances the resources and values of the 

15 Monument, including the resources and values 

16 described in section 2103(a); and 

17 (B) in accordance with— 

18 (i) this subtitle; 

19 (ii) the Federal Land Policy and Man20 agement Act of 1976 (43 U.S.C. 1701 et 

21 seq.); and 

22 (iii) other applicable laws. 

23 (2) NATIONAL LANDSCAPE CONSERVATION SYS24 TEM.—The Monument shall be managed as a compo25 nent of the National Landscape Conservation System. 
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1 (b) MANAGEMENT PLAN.— 

2 (1) IN GENERAL.—Not later than 3 years after 

3 the date of enactment of this Act, the Secretary shall 

4 develop a comprehensive management plan for the 

5 long-term protection and management of the Monu6 ment. 

7 (2) COMPONENTS.—The management plan under 

8 paragraph (1)— 

9 (A) shall— 

10 (i) describe the appropriate uses and 

11 management of the Monument, consistent 

12 with the provisions of this subtitle; and 

13 (ii) allow for continued scientific re14 search at the Monument during the develop15 ment of the management plan; and 

16 (B) may— 

17 (i) incorporate any appropriate deci18 sions contained in any current management 

19 or activity plan for the land described in 

20 section 2103(b); and 

21 (ii) use information developed in stud22 ies of any land within or adjacent to the 

23 Monument that were conducted before the 

24 date of enactment of this Act. 
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1 (c) AUTHORIZED USES.—The Secretary shall only 

2 allow uses of the Monument that the Secretary determines 

3 would further the purposes for which the Monument has 

4 been established. 

5 (d) INTERPRETATION, EDUCATION, AND SCIENTIFIC

6 RESEARCH.— 

7 (1) IN GENERAL.—The Secretary shall provide 

8 for public interpretation of, and education and sci9 entific research on, the paleontological resources of the 

10 Monument, with priority given to exhibiting and 

11 curating the resources in Don ̃a Ana County, New 

12 Mexico. 

13 (2) COOPERATIVE AGREEMENTS.—The Secretary 

14 may enter into cooperative agreements with appro15 priate public entities to carry out paragraph (1). 

16 (e) SPECIAL MANAGEMENT AREAS.— 

17 (1) IN GENERAL.—The establishment of the 

18 Monument shall not change the management status of 

19 any area within the boundary of the Monument that 

20 is— 

21 (A) designated as a wilderness study area 

22 and managed in accordance with section 603(c) 

23 of the Federal Land Policy and Management Act 

24 of 1976 (43 U.S.C. 1782(c)); or 
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1 (B) managed as an area of critical environ2 ment concern. 

3 (2) CONFLICT OF LAWS.—If there is a conflict be4 tween the laws applicable to the areas described in 

5 paragraph (1) and this subtitle, the more restrictive 

6 provision shall control. 

7 (f) MOTORIZED VEHICLES.— 

8 (1) IN GENERAL.—Except as needed for adminis9 trative purposes or to respond to an emergency, the 

10 use of motorized vehicles in the Monument shall be al11 lowed only on roads and trails designated for use by 

12 motorized vehicles under the management plan pre13 pared under subsection (b). 

14 (2) PERMITTED EVENTS.—The Secretary may 

15 issue permits for special recreation events involving 

16 motorized vehicles within the boundaries of the Monu17 ment— 

18 (A) to the extent the events do not harm pa19 leontological resources; and 

20 (B) subject to any terms and conditions 

21 that the Secretary determines to be necessary. 

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

23 any Federal land within the Monument and any land or 

24 interest in land that is acquired by the United States for 
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1 inclusion in the Monument after the date of enactment of 

2 this Act are withdrawn from— 

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

4 public land laws; 

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

6 laws; and 

7 (3) operation of the mineral leasing laws, geo8 thermal leasing laws, and minerals materials laws. 

9 (h) GRAZING.—The Secretary may allow grazing to 

10 continue in any area of the Monument in which grazing 

11 is allowed before the date of enactment of this Act, subject 

12 to applicable laws (including regulations). 

13 (i) WATER RIGHTS.—Nothing in this subtitle con14 stitutes an express or implied reservation by the United 

15 States of any water or water rights with respect to the 

16 Monument. 

17 SEC. 2105. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums as 

19 are necessary to carry out this subtitle. 

20 Subtitle C—Fort Stanton-Snowy 

21 River Cave National Conserva22 tion Area 

23 SEC. 2201. DEFINITIONS. 

24 In this subtitle: 
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1 (1) CONSERVATION AREA.—The term ‘‘Conserva2 tion Area’’ means the Fort Stanton-Snowy River 

3 Cave National Conservation Area established by sec4 tion 2202(a). 

5 (2) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan developed 

7 for the Conservation Area under section 2203(c). 

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

9 the Secretary of the Interior, acting through the Di10 rector of the Bureau of Land Management. 

11 SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY 

12 RIVER CAVE NATIONAL CONSERVATION 

13 AREA. 

14 (a) ESTABLISHMENT; PURPOSES.—There is estab15 lished the Fort Stanton-Snowy River Cave National Con16 servation Area in Lincoln County, New Mexico, to protect, 

17 conserve, and enhance the unique and nationally important 

18 historic, cultural, scientific, archaeological, natural, and 

19 educational subterranean cave resources of the Fort Stan20 ton-Snowy River cave system. 

21 (b) AREA INCLUDED.—The Conservation Area shall 

22 include the area within the boundaries depicted on the map 

23 entitled ‘‘Fort Stanton-Snowy River Cave National Con24 servation Area’’ and dated December 15, 2008. 

25 (c) MAP AND LEGAL DESCRIPTION.— 
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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary shall 

3 submit to Congress a map and legal description of the 

4 Conservation Area. 

5 (2) EFFECT.—The map and legal description of 

6 the Conservation Area shall have the same force and 

7 effect as if included in this subtitle, except that the 

8 Secretary may correct any minor errors in the map 

9 and legal description. 

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

11 description of the Conservation Area shall be avail12 able for public inspection in the appropriate offices of 

13 the Bureau of Land Management. 

14 SEC. 2203. MANAGEMENT OF THE CONSERVATION AREA. 

15 (a) MANAGEMENT.— 

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

17 the Conservation Area— 

18 (A) in a manner that conserves, protects, 

19 and enhances the resources and values of the 

20 Conservation Area, including the resources and 

21 values described in section 2202(a); and 

22 (B) in accordance with— 

23 (i) this subtitle; 
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1 (ii) the Federal Land Policy and Man2 agement Act of 1976 (43 U.S.C. 1701 et 

3 seq.); and 

4 (iii) any other applicable laws. 

5 (2) USES.—The Secretary shall only allow uses 

6 of the Conservation Area that are consistent with the 

7 protection of the cave resources. 

8 (3) REQUIREMENTS.—In administering the Con9 servation Area, the Secretary shall provide for— 

10 (A) the conservation and protection of the 

11 natural and unique features and environs for 

12 scientific, educational, and other appropriate 

13 public uses of the Conservation Area; 

14 (B) public access, as appropriate, while 

15 providing for the protection of the cave resources 

16 and for public safety; 

17 (C) the continuation of other existing uses 

18 or other new uses of the Conservation Area that 

19 do not impair the purposes for which the Con20 servation Area is established; 

21 (D) management of the surface area of the 

22 Conservation Area in accordance with the Fort 

23 Stanton Area of Critical Environmental Concern 

24 Final Activity Plan dated March, 2001, or any 
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1 amendments to the plan, consistent with this 

2 subtitle; and 

3 (E) scientific investigation and research op4 portunities within the Conservation Area, in5 cluding through partnerships with colleges, uni6 versities, schools, scientific institutions, research7 ers, and scientists to conduct research and pro8 vide educational and interpretive services within 

9 the Conservation Area. 

10 (b) WITHDRAWALS.—Subject to valid existing rights, 

11 all Federal surface and subsurface land within the Con12 servation Area and all land and interests in the land that 

13 are acquired by the United States after the date of enact14 ment of this Act for inclusion in the Conservation Area, 

15 are withdrawn from— 

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

17 under the general land laws; 

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

19 laws; and 

20 (3) operation under the mineral leasing and geo21 thermal leasing laws. 

22 (c) MANAGEMENT PLAN.— 

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

24 the date of enactment of this Act, the Secretary shall 
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1 develop a comprehensive plan for the long-term man2 agement of the Conservation Area. 

3 (2) PURPOSES.—The management plan shall— 

4 (A) describe the appropriate uses and man5 agement of the Conservation Area; 

6 (B) incorporate, as appropriate, decisions 

7 contained in any other management or activity 

8 plan for the land within or adjacent to the Con9 servation Area; 

10 (C) take into consideration any information 

11 developed in studies of the land and resources 

12 within or adjacent to the Conservation Area; and 

13 (D) provide for a cooperative agreement 

14 with Lincoln County, New Mexico, to address the 

15 historical involvement of the local community in 

16 the interpretation and protection of the resources 

17 of the Conservation Area. 

18 (d) RESEARCH AND INTERPRETIVE FACILITIES.— 

19 (1) IN GENERAL.—The Secretary may establish 

20 facilities for— 

21 (A) the conduct of scientific research; and 

22 (B) the interpretation of the historical, cul23 tural, scientific, archaeological, natural, and 

24 educational resources of the Conservation Area. 
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1 (2) COOPERATIVE AGREEMENTS.—The Secretary 

2 may, in a manner consistent with this subtitle, enter 

3 into cooperative agreements with the State of New 

4 Mexico and other institutions and organizations to 

5 carry out the purposes of this subtitle. 

6 (e) WATER RIGHTS.—Nothing in this subtitle con7 stitutes an express or implied reservation of any water 

8 right. 

9 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated such sums as 

11 are necessary to carry out this subtitle. 

12 Subtitle D—Snake River Birds of 

13 Prey National Conservation Area 

14 SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CON15 SERVATION AREA. 

16 (a) RENAMING.—Public Law 103–64 is amended— 

17 (1) in section 2(2) (16 U.S.C. 460iii–1(2)), by 

18 inserting ‘‘Morley Nelson’’ before ‘‘Snake River Birds 

19 of Prey National Conservation Area’’; and 

20 (2) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), 

21 by inserting ‘‘Morley Nelson’’ before ‘‘Snake River 

22 Birds of Prey National Conservation Area’’. 

23 (b) REFERENCES.—Any reference in a law, map, regu24 lation, document, paper, or other record of the United 

25 States to the Snake River Birds of Prey National Conserva-
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1 tion Area shall be deemed to be a reference to the Morley 

2 Nelson Snake River Birds of Prey National Conservation 

3 Area. 

4 (c) TECHNICAL CORRECTIONS.—Public Law 103–64 is 

5 further amended— 

6 (1) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), 

7 by striking ‘‘(hereafter referred to as the ‘conservation 

8 area’)’’; and 

9 (2) in section 4 (16 U.S.C. 460iii–3)— 

10 (A) in subsection (a)(2), by striking ‘‘Con11 servation Area’’ and inserting ‘‘conservation 

12 area’’; and 

13 (B) in subsection (d), by striking ‘‘Visitors 

14 Center’’ and inserting ‘‘visitors center’’. 

15 Subtitle E—Dominguez-Escalante 

16 National Conservation Area 

17 SEC. 2401. DEFINITIONS. 

18 In this subtitle: 

19 (1) CONSERVATION AREA.—The term ‘‘Conserva20 tion Area’’ means the Dominguez-Escalante National 

21 Conservation Area established by section 2402(a)(1). 

22 (2) COUNCIL.—The term ‘‘Council’’ means the 

23 Dominguez-Escalante National Conservation Area 

24 Advisory Council established under section 2407. 
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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 enti5 tled ‘‘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 public 

22 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— 
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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 on 

8 seasonally available flows, that are necessary to sup9 port 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. 
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1 (2) USES.— 

2 (A) IN GENERAL.—The Secretary shall 

3 allow only such uses of the Conservation Area as 

4 the Secretary determines would further the pur5 poses for which the Conservation Area is estab6 lished. 

7 (B) USE OF MOTORIZED VEHICLES.— 

8 (i) IN GENERAL.—Except as provided 

9 in clauses (ii) and (iii), use of motorized ve10 hicles in the Conservation Area shall be al11 lowed— 

12 (I) before the effective date of the 

13 management plan, only on roads and 

14 trails designated for use of motor vehi15 cles in the management plan that ap16 plies on the date of the enactment of 

17 this Act to the public land in the Con18 servation 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 EMERGENCY

24 RESPONSE USE.—Clause (i) shall not limit 

25 the use of motor vehicles in the Conservation 
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1 Area for administrative purposes or to re2 spond 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 Counties, 

9 Colorado, as generally depicted on the Map, is designated 

10 as wilderness and as a component of the National Wilder11 ness Preservation System, to be known as the ‘‘Dominguez 

12 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 subtitle, 

16 except that— 

17 (1) any reference in the Wilderness Act to the ef18 fective date of that Act shall be considered to be a ref19 erence 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 map 
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1 and a legal description of the Conservation Area and the 

2 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 descrip8 tions filed under subsection (a) shall have the same force 

9 and effect as if included in this subtitle, except that the Sec10 retary may correct clerical and typographical errors in the 

11 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, all 

19 Federal land within the Conservation Area and the Wilder20 ness 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; 
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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 in 

9 the Conservation Area in accordance with the laws 

10 (including regulations) applicable to the issuance and 

11 administration of such leases and permits on other 

12 land under the jurisdiction of the Bureau of Land 

13 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 In-
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1 terior and Insular Affairs of the House of 

2 Representatives accompanying H.R. 2570 of 

3 the 101st Congress (H. Rept. 101–405). 

4 (c) NO BUFFER ZONES.— 

5 (1) IN GENERAL.—Nothing in this subtitle cre6 ates a protective perimeter or buffer zone around the 

7 Conservation Area. 

8 (2) ACTIVITIES OUTSIDE CONSERVATION AREA.— 

9 The fact that an activity or use on land outside the 

10 Conservation Area can be seen or heard within the 

11 Conservation Area shall not preclude the activity or 

12 use outside the boundary of the Conservation Area. 

13 (d) ACQUISITION OF LAND.— 

14 (1) IN GENERAL.—The Secretary may acquire 

15 non-Federal land within the boundaries of the Con16 servation Area or the Wilderness only through ex17 change, donation, or purchase from a willing seller. 

18 (2) MANAGEMENT.—Land acquired under para19 graph (1) shall— 

20 (A) become part of the Conservation Area 

21 and, if applicable, the Wilderness; and 

22 (B) be managed in accordance with this 

23 subtitle and any other applicable laws. 

24 (e) FIRE, INSECTS, AND DISEASES.—Subject to such 

25 terms and conditions as the Secretary determines to be de-
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1 sirable and appropriate, the Secretary may undertake such 

2 measures as are necessary to control fire, insects, and dis3 eases— 

4 (1) in the Wilderness, in accordance with section 

5 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); 

6 and 

7 (2) except as provided in paragraph (1), in the 

8 Conservation Area in accordance with this subtitle 

9 and any other applicable laws. 

10 (f) ACCESS.—The Secretary shall continue to provide 

11 private landowners adequate access to inholdings in the 

12 Conservation Area. 

13 (g) INVASIVE SPECIES AND NOXIOUS WEEDS.—In ac14 cordance with any applicable laws and subject to such 

15 terms and conditions as the Secretary determines to be de16 sirable and appropriate, the Secretary may prescribe meas17 ures to control nonnative invasive plants and noxious weeds 

18 within the Conservation Area. 

19 (h) WATER RIGHTS.— 

20 (1) EFFECT.—Nothing in this subtitle— 

21 (A) affects the use or allocation, in existence 

22 on the date of enactment of this Act, of any 

23 water, water right, or interest in water; 

24 (B) affects any vested absolute or decreed 

25 conditional water right in existence on the date 
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1 of enactment of this Act, including any water 

2 right held by the United States; 

3 (C) affects any interstate water compact in 

4 existence on the date of enactment of this Act; 

5 (D) authorizes or imposes any new reserved 

6 Federal water rights; or 

7 (E) shall be considered to be a relinquish8 ment or reduction of any water rights reserved 

9 or appropriated by the United States in the 

10 State on or before the date of enactment of this 

11 Act. 

12 (2) WILDERNESS WATER RIGHTS.— 

13 (A) IN GENERAL.—The Secretary shall en14 sure that any water rights within the Wilderness 

15 required to fulfill the purposes of the Wilderness 

16 are secured in accordance with subparagraphs 

17 (B) through (G). 

18 (B) STATE LAW.— 

19 (i) PROCEDURAL REQUIREMENTS.— 

20 Any water rights within the Wilderness for 

21 which the Secretary pursues adjudication 

22 shall be adjudicated, changed, and adminis23 tered in accordance with the procedural re24 quirements and priority system of State 

25 law. 
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1 (ii) ESTABLISHMENT OF WATER

2 RIGHTS.— 

3 (I) IN GENERAL.—Except as pro4 vided in subclause (II), the purposes 

5 and other substantive characteristics of 

6 the water rights pursued under this 

7 paragraph shall be established in ac8 cordance with State law. 

9 (II) EXCEPTION.—Notwith10 standing subclause (I) and in accord11 ance with this subtitle, the Secretary 

12 may appropriate and seek adjudica13 tion of water rights to maintain sur14 face water levels and stream flows on 

15 and across the Wilderness to fulfill the 

16 purposes of the Wilderness. 

17 (C) DEADLINE.—The Secretary shall 

18 promptly, but not earlier than January 2009, 

19 appropriate the water rights required to fulfill 

20 the purposes of the Wilderness. 

21 (D) REQUIRED DETERMINATION.—The Sec22 retary shall not pursue adjudication for any 

23 instream flow water rights unless the Secretary 

24 makes a determination pursuant to subpara25 graph (E)(ii) or (F). 
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1 (E) COOPERATIVE ENFORCEMENT.— 

2 (i) IN GENERAL.—The Secretary shall 

3 not pursue adjudication of any Federal 

4 instream flow water rights established under 

5 this paragraph if— 

6 (I) the Secretary determines, upon 

7 adjudication of the water rights by the 

8 Colorado Water Conservation Board, 

9 that the Board holds water rights suffi10 cient in priority, amount, and timing 

11 to fulfill the purposes of the Wilderness; 

12 and 

13 (II) the Secretary has entered into 

14 a perpetual agreement with the Colo15 rado Water Conservation Board to en16 sure the full exercise, protection, and 

17 enforcement of the State water rights 

18 within the Wilderness to reliably fulfill 

19 the purposes of the Wilderness. 

20 (ii) ADJUDICATION.—If the Secretary 

21 determines that the provisions of clause (i) 

22 have not been met, the Secretary shall adju23 dicate and exercise any Federal water rights 

24 required to fulfill the purposes of the Wil25 derness in accordance with this paragraph. 
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1 (F) INSUFFICIENT WATER RIGHTS.—If the 

2 Colorado Water Conservation Board modifies the 

3 instream flow water rights obtained under sub4 paragraph (E) to such a degree that the Sec5 retary determines that water rights held by the 

6 State are insufficient to fulfill the purposes of the 

7 Wilderness, the Secretary shall adjudicate and 

8 exercise Federal water rights required to fulfill 

9 the purposes of the Wilderness in accordance 

10 with subparagraph (B). 

11 (G) FAILURE TO COMPLY.—The Secretary 

12 shall promptly act to exercise and enforce the 

13 water rights described in subparagraph (E) if 

14 the Secretary determines that— 

15 (i) the State is not exercising its water 

16 rights consistent with subparagraph 

17 (E)(i)(I); or 

18 (ii) the agreement described in sub19 paragraph (E)(i)(II) is not fulfilled or com20 plied with sufficiently to fulfill the purposes 

21 of the Wilderness. 

22 (3) WATER RESOURCE FACILITY.— 

23 (A) IN GENERAL.—Notwithstanding any 

24 other provision of law and subject to subpara25 graph (B), beginning on the date of enactment of 
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1 this Act, neither the President nor any other offi2 cer, employee, or agent of the United States shall 

3 fund, assist, authorize, or issue a license or per4 mit for the development of any new irrigation 

5 and pumping facility, reservoir, water conserva6 tion work, aqueduct, canal, ditch, pipeline, well, 

7 hydropower project, transmission, other ancillary 

8 facility, or other water, diversion, storage, or 

9 carriage structure in the Wilderness. 

10 (B) EXCEPTION.—Notwithstanding sub11 paragraph (A), the Secretary may allow con12 struction of new livestock watering facilities 

13 within the Wilderness in accordance with— 

14 (i) section 4(d)(4) of the Wilderness 

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

16 (ii) the guidelines set forth in Appen17 dix A of the report of the Committee on In18 terior and Insular Affairs of the House of 

19 Representatives accompanying H.R. 2570 of 

20 the 101st Congress (H. Rept. 101–405). 

21 (4) CONSERVATION AREA WATER RIGHTS.—With 

22 respect to water within the Conservation Area, noth23 ing in this subtitle— 
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1 (A) authorizes any Federal agency to ap2 propriate or otherwise acquire any water right 

3 on the mainstem of the Gunnison River; or 

4 (B) prevents the State from appropriating 

5 or acquiring, or requires the State to appro6 priate or acquire, an instream flow water right 

7 on the mainstem of the Gunnison River. 

8 (5) WILDERNESS BOUNDARIES ALONG GUNNISON

9 RIVER.— 

10 (A) IN GENERAL.—In areas in which the 

11 Gunnison River is used as a reference for defin12 ing the boundary of the Wilderness, the boundary 

13 shall— 

14 (i) be located at the edge of the river; 

15 and 

16 (ii) change according to the river level. 

17 (B) EXCLUSION FROM WILDERNESS.—Re18 gardless of the level of the Gunnison River, no 

19 portion of the Gunnison River is included in the 

20 Wilderness. 

21 (i) EFFECT.—Nothing in this subtitle— 

22 (1) diminishes the jurisdiction of the State with 

23 respect to fish and wildlife in the State; or 

24 (2) imposes any Federal water quality standard 

25 upstream of the Conservation Area or within the 
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1 mainstem of the Gunnison River that is more restric2 tive than would be applicable had the Conservation 

3 Area not been established. 

4 (j) VALID EXISTING RIGHTS.—The designation of the 

5 Conservation Area and Wilderness is subject to valid rights 

6 in existence on the date of enactment of this Act. 

7 SEC. 2406. MANAGEMENT PLAN. 

8 (a) IN GENERAL.—Not later than 3 years after the 

9 date of enactment of this Act, the Secretary shall develop 

10 a comprehensive management plan for the long-term protec11 tion and management of the Conservation Area. 

12 (b) PURPOSES.—The management plan shall— 

13 (1) describe the appropriate uses and manage14 ment of the Conservation Area; 

15 (2) be developed with extensive public input; 

16 (3) take into consideration any information de17 veloped in studies of the land within the Conservation 

18 Area; and 

19 (4) include a comprehensive travel management 

20 plan. 

21 SEC. 2407. ADVISORY COUNCIL. 

22 (a) ESTABLISHMENT.—Not later than 180 days after 

23 the date of enactment of this Act, the Secretary shall estab24 lish an advisory council, to be known as the ‘‘Dominguez25 Escalante National Conservation Area Advisory Council’’. 
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1 (b) DUTIES.—The Council shall advise the Secretary 

2 with respect to the preparation and implementation of the 

3 management plan. 

4 (c) APPLICABLE LAW.—The Council shall be subject 

5 to— 

6 (1) the Federal Advisory Committee Act (5 

7 U.S.C. App.); and 

8 (2) the Federal Land Policy and Management 

9 Act of 1976 (43 U.S.C. 1701 et seq.). 

10 (d) MEMBERS.—The Council shall include 10 members 

11 to be appointed by the Secretary, of whom, to the extent 

12 practicable— 

13 (1) 1 member shall be appointed after consid14 ering the recommendations of the Mesa County Com15 mission; 

16 (2) 1 member shall be appointed after consid17 ering the recommendations of the Montrose County 

18 Commission; 

19 (3) 1 member shall be appointed after consid20 ering the recommendations of the Delta County Com21 mission; 

22 (4) 1 member shall be appointed after consid23 ering the recommendations of the permittees holding 

24 grazing allotments within the Conservation Area or 

25 the Wilderness; and 
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1 (5) 5 members shall reside in, or within reason2 able proximity to, Mesa County, Delta County, or 

3 Montrose County, Colorado, with backgrounds that re4 flect— 

5 (A) the purposes for which the Conservation 

6 Area or Wilderness was established; and 

7 (B) the interests of the stakeholders that are 

8 affected by the planning and management of the 

9 Conservation Area and Wilderness. 

10 (e) REPRESENTATION.—The Secretary shall ensure 

11 that the membership of the Council is fairly balanced in 

12 terms of the points of view represented and the functions 

13 to be performed by the Council. 

14 (f) DURATION.—The Council shall terminate on the 

15 date that is 1 year from the date on which the management 

16 plan is adopted by the Secretary. 

17 SEC. 2408. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums as 

19 are necessary to carry out this subtitle. 

20 Subtitle F—Rio Puerco Watershed 

21 Management Program 

22 SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PRO23 GRAM. 

24 (a) RIO PUERCO MANAGEMENT COMMITTEE.—Section 

25 401(b) of the Omnibus Parks and Public Lands Manage-
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1 ment Act of 1996 (Public Law 104–333; 110 Stat. 4147) 

2 is amended— 

3 (1) in paragraph (2)— 

4 (A) by redesignating subparagraphs (I) 

5 through (N) as subparagraphs (J) through (O), 

6 respectively; and 

7 (B) by inserting after subparagraph (H) the 

8 following: 

9 ‘‘(I) the Environmental Protection Agen10 cy;’’; and 

11 (2) in paragraph (4), by striking ‘‘enactment of 

12 this Act’’ and inserting ‘‘enactment of the Omnibus 

13 Public Land Management Act of 2009’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 401(e) of the Omnibus Parks and Public Lands Manage16 ment Act of 1996 (Public Law 104–333; 110 Stat. 4148) 

17 is amended by striking ‘‘enactment of this Act’’ and insert18 ing ‘‘enactment of the Omnibus Public Land Management 

19 Act of 2009’’. 

20 Subtitle G—Land Conveyances and 

21 Exchanges 

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. 
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1 (2) MAP.—The term ‘‘Map’’ means the map enti2 tled ‘‘Carson City, Nevada Area’’, dated November 7, 

3 2008, and on file and available for public inspection 

4 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, act12 ing through the Chief of the Forest Service; and 

13 (B) with respect to other Federal land, the 

14 Secretary of the Interior. 

15 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

16 means the Secretary of Agriculture and the Secretary 

17 of the Interior, acting jointly. 

18 (5) TRIBE.—The term ‘‘Tribe’’ means the 

19 Washoe Tribe of Nevada and California, which is a 

20 federally recognized Indian tribe. 

21 (b) CONVEYANCES OF FEDERAL LAND AND CITY

22 LAND.— 

23 (1) IN GENERAL.—Notwithstanding section 202 

24 of the Federal Land Policy and Management Act of 

25 1976 (43 U.S.C. 1712), if the City offers to convey to 
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1 the United States title to the non-Federal land de2 scribed in paragraph (2)(A) that is acceptable to the 

3 Secretary of Agriculture— 

4 (A) the Secretary shall accept the offer; and 

5 (B) not later than 180 days after the date 

6 on which the Secretary receives acceptable title to 

7 the non-Federal land described in paragraph 

8 (2)(A), the Secretaries shall convey to the City, 

9 subject to valid existing rights and for no consid10 eration, except as provided in paragraph (3)(A), 

11 all right, title, and interest of the United States 

12 in and to the Federal land (other than any ease13 ment reserved under paragraph (3)(B)) or inter14 est in land described in paragraph (2)(B). 

15 (2) DESCRIPTION OF LAND.— 

16 (A) NON-FEDERAL LAND.—The non-Federal 

17 land referred to in paragraph (1) is the approxi18 mately 2,264 acres of land administered by the 

19 City and identified on the Map as ‘‘To U.S. For20 est Service’’. 

21 (B) FEDERAL LAND.—The Federal land re22 ferred to in paragraph (1)(B) is— 

23 (i) the approximately 935 acres of For24 est Service land identified on the Map as 

25 ‘‘To Carson City for Natural Areas’’; 
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1 (ii) the approximately 3,604 acres of 

2 Bureau of Land Management land identi3 fied on the Map as ‘‘Silver Saddle Ranch 

4 and Carson River Area’’; 

5 (iii) the approximately 1,848 acres of 

6 Bureau of Land Management land identi7 fied on the Map as ‘‘To Carson City for 

8 Parks and Public Purposes’’; and 

9 (iv) the approximately 75 acres of City 

10 land in which the Bureau of Land Manage11 ment has a reversionary interest that is 

12 identified on the Map as ‘‘Reversionary In13 terest of the United States Released’’. 

14 (3) CONDITIONS.— 

15 (A) CONSIDERATION.—Before the convey16 ance of the 62–acre Bernhard parcel to the City, 

17 the City shall deposit in the special account es18 tablished by subsection (e)(2)(A) an amount 

19 equal to 25 percent of the difference between— 

20 (i) the amount for which the Bernhard 

21 parcel was purchased by the City on July 

22 18, 2001; and 

23 (ii) the amount for which the Bernhard 

24 parcel was purchased by the Secretary on 

25 March 24, 2006. 
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1 (B) CONSERVATION EASEMENT.—As a con2 dition of the conveyance of the land described in 

3 paragraph (2)(B)(ii), the Secretary, in consulta4 tion with Carson City and affected local inter5 ests, shall reserve a perpetual conservation ease6 ment to the land to protect, preserve, and en7 hance the conservation values of the land, con8 sistent with paragraph (4)(B). 

9 (C) COSTS.—Any costs relating to the con10 veyance under paragraph (1), including any 

11 costs for surveys and other administrative costs, 

12 shall be paid by the recipient of the land being 

13 conveyed. 

14 (4) USE OF LAND.— 

15 (A) NATURAL AREAS.— 

16 (i) IN GENERAL.—Except as provided 

17 in clause (ii), the land described in para18 graph (2)(B)(i) shall be managed by the 

19 City to maintain undeveloped open space 

20 and to preserve the natural characteristics 

21 of the land in perpetuity. 

22 (ii) EXCEPTION.—Notwithstanding 

23 clause (i), the City may— 

24 (I) conduct projects on the land to 

25 reduce fuels; 
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1 (II) construct and maintain 

2 trails, trailhead facilities, and any in3 frastructure on the land that is re4 quired for municipal water and flood 

5 management activities; and 

6 (III) maintain or reconstruct any 

7 improvements on the land that are in 

8 existence on the date of enactment of 

9 this Act. 

10 (B) SILVER SADDLE RANCH AND CARSON

11 RIVER AREA.— 

12 (i) IN GENERAL.—Except as provided 

13 in clause (ii), the land described in para14 graph (2)(B)(ii) shall— 

15 (I) be managed by the City to 

16 protect and enhance the Carson River, 

17 the floodplain and surrounding up18 land, and important wildlife habitat; 

19 and 

20 (II) be used for undeveloped open 

21 space, passive recreation, customary 

22 agricultural practices, and wildlife 

23 protection. 

24 (ii) EXCEPTION.—Notwithstanding 

25 clause (i), the City may— 
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1 (I) construct and maintain trails 

2 and trailhead facilities on the land; 

3 (II) conduct projects on the land 

4 to reduce fuels; 

5 (III) maintain or reconstruct any 

6 improvements on the land that are in 

7 existence on the date of enactment of 

8 this Act; and 

9 (IV) allow the use of motorized ve10 hicles on designated roads, trails, and 

11 areas in the south end of Prison Hill. 

12 (C) PARKS AND PUBLIC PURPOSES.—The 

13 land described in paragraph (2)(B)(iii) shall be 

14 managed by the City for— 

15 (i) undeveloped open space; and 

16 (ii) recreation or other public purposes 

17 consistent with the Act of June 14, 1926 

18 (commonly known as the ‘‘Recreation and 

19 Public Purposes Act’’) (43 U.S.C. 869 et 

20 seq.). 

21 (D) REVERSIONARY INTEREST.— 

22 (i) RELEASE.—The reversionary inter23 est described in paragraph (2)(B)(iv) shall 

24 terminate on the date of enactment of this 

25 Act. 
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1 (ii) CONVEYANCE BY CITY.— 

2 (I) IN GENERAL.—If the City 

3 sells, leases, or otherwise conveys any 

4 portion of the land described in para5 graph (2)(B)(iv), the sale, lease, or 

6 conveyance of land shall be— 

7 (aa) through a competitive 

8 bidding process; and 

9 (bb) except as provided in 

10 subclause (II), for not less than 

11 fair market value. 

12 (II) CONVEYANCE TO GOVERN13 MENT OR NONPROFIT.—A sale, lease, or 

14 conveyance of land described in para15 graph (2)(B)(iv) to the Federal Gov16 ernment, a State government, a unit of 

17 local government, or a nonprofit orga18 nization shall be for consideration in 

19 an amount equal to the price estab20 lished by the Secretary of the Interior 

21 under section 2741 of title 43, Code of 

22 Federal Regulation (or successor regu23 lations). 

24 (III) DISPOSITION OF PRO25 CEEDS.—The gross proceeds from the 
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1 sale, lease, or conveyance of land under 

2 subclause (I) shall be distributed in ac3 cordance with subsection (e)(1). 

4 (5) REVERSION.—If land conveyed under para5 graph (1) is used in a manner that is inconsistent 

6 with the uses described in subparagraph (A), (B), (C), 

7 or (D) of paragraph (4), the land shall, at the discre8 tion of the Secretary, revert to the United States. 

9 (6) MISCELLANEOUS PROVISIONS.— 

10 (A) IN GENERAL.—On conveyance of the 

11 non-Federal land under paragraph (1) to the 

12 Secretary of Agriculture, the non-Federal land 

13 shall— 

14 (i) become part of the Humboldt15 Toiyabe National Forest; and 

16 (ii) be administered in accordance 

17 with the laws (including the regulations) 

18 and rules generally applicable to the Na19 tional Forest System. 

20 (B) MANAGEMENT PLAN.—The Secretary of 

21 Agriculture, in consultation with the City and 

22 other interested parties, may develop and imple23 ment a management plan for National Forest 

24 System land that ensures the protection and sta-
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1 bilization of the National Forest System land to 

2 minimize the impacts of flooding on the City. 

3 (7) CONVEYANCE TO BUREAU OF LAND MANAGE4 MENT.— 

5 (A) IN GENERAL.—If the City offers to con6 vey to the United States title to the non-Federal 

7 land described in subparagraph (B) that is ac8 ceptable to the Secretary of the Interior, the land 

9 shall, at the discretion of the Secretary, be con10 veyed to the United States. 

11 (B) DESCRIPTION OF LAND.—The non-Fed12 eral land referred to in subparagraph (A) is the 

13 approximately 46 acres of land administered by 

14 the City and identified on the Map as ‘‘To Bu15 reau of Land Management’’. 

16 (C) COSTS.—Any costs relating to the con17 veyance under subparagraph (A), including any 

18 costs for surveys and other administrative costs, 

19 shall be paid by the Secretary of the Interior. 

20 (c) TRANSFER OF ADMINISTRATIVE JURISDICTION

21 FROM THE FOREST SERVICE TO THE BUREAU OF LAND

22 MANAGEMENT.— 

23 (1) IN GENERAL.—Administrative jurisdiction 

24 over the approximately 50 acres of Forest Service 

25 land identified on the Map as ‘‘Parcel #1’’ is trans-
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1 ferred, from the Secretary of Agriculture to the Sec2 retary of the Interior. 

3 (2) COSTS.—Any costs relating to the transfer 

4 under paragraph (1), including any costs for surveys 

5 and other administrative costs, shall be paid by the 

6 Secretary of the Interior. 

7 (3) USE OF LAND.— 

8 (A) RIGHT-OF-WAY.—Not later than 120 

9 days after the date of enactment of this Act, the 

10 Secretary of the Interior shall grant to the City 

11 a right-of-way for the maintenance of flood man12 agement facilities located on the land. 

13 (B) DISPOSAL.—The land referred to in 

14 paragraph (1) shall be disposed of in accordance 

15 with subsection (d). 

16 (C) DISPOSITION OF PROCEEDS.—The gross 

17 proceeds from the disposal of land under sub18 paragraph (B) shall be distributed in accordance 

19 with subsection (e)(1). 

20 (d) DISPOSAL OF CARSON CITY LAND.— 

21 (1) IN GENERAL.—Notwithstanding sections 202 

22 and 203 of the Federal Land Policy and Management 

23 Act of 1976 (43 U.S.C. 1712, 1713), the Secretary of 

24 the Interior shall, in accordance with that Act, this 

25 subsection, and other applicable law, and subject to 
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1 valid existing rights, conduct sales of the Federal land 

2 described in paragraph (2) to 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 Secretary 

13 a certification that qualified bidders have agreed to 

14 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 Sec24 retary, through a competitive bidding process; 

25 and 
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1 (C) for not less than fair market value. 

2 (5) WITHDRAWAL.— 

3 (A) IN GENERAL.—Subject to valid existing 

4 rights and except as provided in subparagraph 

5 (B), the Federal land described in paragraph (2) 

6 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 this 

15 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.— 
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1 (i) REQUEST BY CARSON CITY FOR

2 POSTPONEMENT OR EXCLUSION.—At the re3 quest of the City, the Secretary shall post4 pone or exclude from the sale under sub5 paragraph (A) all or a portion of the land 

6 described in subparagraphs (A) and (B) of 

7 paragraph (2). 

8 (ii) INDEFINITE POSTPONEMENT.—Un9 less 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 sale 

14 of land under subsections (b)(4)(D)(ii) and (d)(1)— 

15 (A) 5 percent shall be paid directly to the 

16 State for use in the general education program 

17 of the State; and 

18 (B) the remainder shall be deposited in a 

19 special account in the Treasury of the United 

20 States, to be known as the ‘‘Carson City Special 

21 Account’’, and shall be available without further 

22 appropriation to the Secretary until expended 

23 to— 

24 (i) reimburse costs incurred by the Bu25 reau of Land Management for preparing for 
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1 the sale of the Federal land described in 

2 subsection (d)(2), including the costs of— 

3 (I) surveys and appraisals; and 

4 (II) compliance with— 

5 (aa) the National Environ6 mental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.); and 

8 (bb) sections 202 and 203 of 

9 the Federal Land Policy and 

10 Management Act of 1976 (43 

11 U.S.C. 1712, 1713); 

12 (ii) reimburse costs incurred by the 

13 Bureau of Land Management and Forest 

14 Service for preparing for, and carrying out, 

15 the transfers of land to be held in trust by 

16 the United States under subsection (h)(1); 

17 and 

18 (iii) acquire environmentally sensitive 

19 land or an interest in environmentally sen20 sitive land in the City. 

21 (2) SILVER SADDLE ENDOWMENT ACCOUNT.— 

22 (A) ESTABLISHMENT.—There is established 

23 in the Treasury of the United States a special 

24 account, to be known as the ‘‘Silver Saddle En-
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1 dowment Account’’, consisting of such amounts 

2 as are deposited under subsection (b)(3)(A). 

3 (B) AVAILABILITY OF AMOUNTS.—Amounts 

4 deposited in the account established by para5 graph (1) shall be available to the Secretary, 

6 without further appropriation, for the oversight 

7 and enforcement of the conservation easement es8 tablished under subsection (b)(3)(B). 

9 (f) URBAN INTERFACE.— 

10 (1) IN GENERAL.—Except as otherwise provided 

11 in this section and subject to valid existing rights, the 

12 Federal land described in paragraph (2) is perma13 nently withdrawn from— 

14 (A) all forms of entry and appropriation 

15 under the public land laws and mining laws; 

16 (B) location and patent under the mining 

17 laws; and 

18 (C) operation of the mineral laws, geo19 thermal leasing laws, and mineral material 

20 laws. 

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

22 to in paragraph (1) consists of approximately 19,747 

23 acres, which is identified on the Map as ‘‘Urban 

24 Interface Withdrawal’’. 
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1 (3) INCORPORATION OF ACQUIRED LAND AND IN2 TERESTS.—Any land or interest in land within the 

3 boundaries of the land described in paragraph (2) 

4 that is acquired by the United States after the date 

5 of enactment of this Act shall be withdrawn in ac6 cordance with this subsection. 

7 (4) OFF-HIGHWAY VEHICLE MANAGEMENT.— 

8 Until the date on which the Secretary, in consultation 

9 with the State, the City, and any other interested per10 sons, completes a transportation plan for Federal 

11 land in the City, the use of motorized and mechanical 

12 vehicles on Federal land within the City shall be lim13 ited to roads and trails in existence on the date of en14 actment of this Act unless the use of the vehicles is 

15 needed— 

16 (A) for administrative purposes; or 

17 (B) to respond to an emergency. 

18 (g) AVAILABILITY OF FUNDS.—Section 4(e) of the 

19 Southern Nevada Public Land Management Act of 1998 

20 (Public Law 105–263; 112 Stat. 2346; 116 Stat. 2007; 117 

21 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is amended— 

22 (1) in paragraph (3)(A)(iv), by striking ‘‘Clark, 

23 Lincoln, and White Pine Counties and Washoe Coun24 ty (subject to paragraph 4))’’ and inserting ‘‘Clark, 

25 Lincoln, and White Pine Counties and Washoe Coun-
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1 ty (subject to paragraph 4)) and Carson City (subject 

2 to paragraph (5))’’; 

3 (2) in paragraph (3)(A)(v), by striking ‘‘Clark, 

4 Lincoln, and White Pine Counties’’ and inserting 

5 ‘‘Clark, Lincoln, and White Pine Counties and Car6 son City (subject to paragraph (5))’’; 

7 (3) in paragraph (4), by striking ‘‘2011’’ and in8 serting ‘‘2015’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(5) LIMITATION FOR CARSON CITY.—Carson 

11 City shall be eligible to nominate for expenditure 

12 amounts to acquire land or an interest in land for 

13 parks or natural areas and for conservation initia14 tives— 

15 ‘‘(A) adjacent to the Carson River; or 

16 ‘‘(B) within the floodplain of the Carson 

17 River.’’. 

18 (h) TRANSFER OF LAND TO BE HELD IN TRUST FOR

19 WASHOE TRIBE.— 

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

21 rights, all right, title, and interest of the United 

22 States in and to the land described in paragraph 

23 (2)— 

24 (A) shall be held in trust by the United 

25 States for the benefit and use of the Tribe; and 
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1 (B) shall be part of the reservation of the 

2 Tribe. 

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

4 to in paragraph (1) consists of approximately 293 

5 acres, which is identified on the Map as ‘‘To Washoe 

6 Tribe’’. 

7 (3) SURVEY.—Not later than 180 days after the 

8 date of enactment of this Act, the Secretary of Agri9 culture shall complete a survey of the boundary lines 

10 to establish the boundaries of the land taken into trust 

11 under paragraph (1). 

12 (4) USE OF LAND.— 

13 (A) GAMING.—Land taken into trust under 

14 paragraph (1) shall not be eligible, or considered 

15 to have been taken into trust, for class II gaming 

16 or class III gaming (as those terms are defined 

17 in section 4 of the Indian Gaming Regulatory 

18 Act (25 U.S.C. 2703)). 

19 (B) TRUST LAND FOR CEREMONIAL USE

20 AND CONSERVATION.—With respect to the use of 

21 the land taken into trust under paragraph (1) 

22 that is above the 5,200′ elevation contour, the 

23 Tribe— 

24 (i) shall limit the use of the land to— 
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1 (I) traditional and customary 

2 uses; and 

3 (II) stewardship conservation for 

4 the benefit of the Tribe; and 

5 (ii) shall not permit any— 

6 (I) permanent residential or rec7 reational development on the land; or 

8 (II) commercial use of the land, 

9 including commercial development or 

10 gaming. 

11 (C) TRUST LAND FOR COMMERCIAL AND

12 RESIDENTIAL USE.—With respect to the use of 

13 the land taken into trust under paragraph (1), 

14 the Tribe shall limit the use of the land below the 

15 5,200′ elevation to— 

16 (i) traditional and customary uses; 

17 (ii) stewardship conservation for the 

18 benefit of the Tribe; and 

19 (iii)(I) residential or recreational de20 velopment; or 

21 (II) commercial use. 

22 (D) THINNING; LANDSCAPE RESTORA23 TION.—With respect to the land taken into trust 

24 under paragraph (1), the Secretary of Agri25 culture, in consultation and coordination with 
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1 the Tribe, may carry out any thinning and other 

2 landscape restoration activities on the land that 

3 is beneficial to the Tribe and the Forest Service. 

4 (i) CORRECTION OF SKUNK HARBOR CONVEYANCE.— 

5 (1) PURPOSE.—The purpose of this subsection is 

6 to amend Public Law 108–67 (117 Stat. 880) to make 

7 a technical correction relating to the land conveyance 

8 authorized under that Act. 

9 (2) TECHNICAL CORRECTION.—Section 2 of Pub10 lic Law 108–67 (117 Stat. 880) is amended— 

11 (A) by striking ‘‘Subject to’’ and inserting 

12 the following: 

13 ‘‘(a) IN GENERAL.—Subject to’’; 

14 (B) in subsection (a) (as designated by 

15 paragraph (1)), by striking ‘‘the parcel’’ and all 

16 that follows through the period at the end and 

17 inserting the following: ‘‘and to approximately 

18 23 acres of land identified as ‘Parcel A’ on the 

19 map entitled ‘Skunk Harbor Conveyance Correc20 tion’ and dated September 12, 2008, the western 

21 boundary of which is the low water line of Lake 

22 Tahoe at elevation 6,223.0′ (Lake Tahoe 

23 Datum).’’; and 

24 (C) by adding at the end the following: 

25 ‘‘(b) SURVEY AND LEGAL DESCRIPTION.— 
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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this subsection, the Sec3 retary of Agriculture shall complete a survey and 

4 legal description of the boundary lines to establish the 

5 boundaries of the trust land. 

6 ‘‘(2) TECHNICAL CORRECTIONS.—The Secretary 

7 may correct any technical errors in the survey or 

8 legal description completed under paragraph (1). 

9 ‘‘(c) PUBLIC ACCESS AND USE.—Nothing in this Act 

10 prohibits any approved general public access (through exist11 ing easements or by boat) to, or use of, land remaining 

12 within the Lake Tahoe Basin Management Unit after the 

13 conveyance of the land to the Secretary of the Interior, in 

14 trust for the Tribe, under subsection (a), including access 

15 to, and use of, the beach and shoreline areas adjacent to 

16 the portion of land conveyed under that subsection.’’. 

17 (3) DATE OF TRUST STATUS.—The trust land de18 scribed in section 2(a) of Public Law 108–67 (117 

19 Stat. 880) shall be considered to be taken into trust 

20 as of August 1, 2003. 

21 (4) TRANSFER.—The Secretary of the Interior, 

22 acting on behalf of and for the benefit of the Tribe, 

23 shall transfer to the Secretary of Agriculture adminis24 trative jurisdiction over the land identified as ‘‘Parcel 
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1 B’’ on the map entitled ‘‘Skunk Harbor Conveyance 

2 Correction’’ and dated September 12, 2008. 

3 (j) AGREEMENT WITH FOREST SERVICE.—The Sec4 retary of Agriculture, in consultation with the Tribe, shall 

5 develop and implement a cooperative agreement that en6 sures regular access by members of the Tribe and other peo7 ple in the community of the Tribe across National Forest 

8 System land from the City to Lake Tahoe for cultural and 

9 religious purposes. 

10 (k) ARTIFACT COLLECTION.— 

11 (1) NOTICE.—At least 180 days before con12 ducting any ground disturbing activities on the land 

13 identified as ‘‘Parcel #2’’ on the Map, the City shall 

14 notify the Tribe of the proposed activities to provide 

15 the Tribe with adequate time to inventory and collect 

16 any artifacts in the affected area. 

17 (2) AUTHORIZED ACTIVITIES.—On receipt of no18 tice under paragraph (1), the Tribe may collect and 

19 possess any artifacts relating to the Tribe in the land 

20 identified as ‘‘Parcel #2’’ on the Map. 

21 (l) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated such sums as are necessary 

23 to carry out this section. 
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1 SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA 

2 CONVEYANCE. 

3 (a) DEFINITIONS.—In this section: 

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

5 Henderson, Nevada. 

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

7 the Secretary of the Interior. 

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

9 of Nevada. 

10 (4) TRANSITION AREA.—The term ‘‘Transition 

11 Area’’ means the approximately 502 acres of Federal 

12 land located in Henderson, Nevada, and identified as 

13 ‘‘Limited Transition Area’’ on the map entitled 

14 ‘‘Southern Nevada Limited Transition Area Act’’ and 

15 dated March 20, 2006. 

16 (b) SOUTHERN NEVADA LIMITED TRANSITION

17 AREA.— 

18 (1) CONVEYANCE.—Notwithstanding the Federal 

19 Land Policy and Management Act of 1976 (43 U.S.C. 

20 1701 et seq.), on request of the City, the Secretary 

21 shall, without consideration and subject to all valid 

22 existing rights, convey to the City all right, title, and 

23 interest of the United States in and to the Transition 

24 Area. 

25 (2) USE OF LAND FOR NONRESIDENTIAL DEVEL26 OPMENT.— 
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1 (A) IN GENERAL.—After the conveyance to 

2 the City under paragraph (1), the City may sell, 

3 lease, or otherwise convey any portion or por4 tions of the Transition Area for purposes of non5 residential development. 

6 (B) METHOD OF SALE.— 

7 (i) IN GENERAL.—The sale, lease, or 

8 conveyance of land under subparagraph (A) 

9 shall be through a competitive bidding proc10 ess. 

11 (ii) FAIR MARKET VALUE.—Any land 

12 sold, leased, or otherwise conveyed under 

13 subparagraph (A) shall be for not less than 

14 fair market value. 

15 (C) COMPLIANCE WITH CHARTER.—Except 

16 as provided in subparagraphs (B) and (D), the 

17 City may sell, lease, or otherwise convey parcels 

18 within the Transition Area only in accordance 

19 with the procedures for conveyances established 

20 in the City Charter. 

21 (D) DISPOSITION OF PROCEEDS.—The gross 

22 proceeds from the sale of land under subpara23 graph (A) shall be distributed in accordance 

24 with section 4(e) of the Southern Nevada Public 

25 Land Management Act of 1998 (112 Stat. 2345). 
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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.) by 

7 providing to the Secretary written notice of the elec8 tion. 

9 (4) NOISE COMPATIBILITY REQUIREMENTS.—The 

10 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 Transition 

17 Area is sold, leased, or otherwise conveyed by the 

18 City, the sale, lease, or conveyance shall contain 

19 a limitation to require uses compatible with that 

20 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 
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1 under paragraph (3) by the date that is 20 years 

2 after the date of enactment of this Act, the parcel 

3 of land shall, at the discretion of the Secretary, 

4 revert to the United States. 

5 (B) INCONSISTENT USE.—If the City uses 

6 any parcel of land within the Transition Area in 

7 a manner that is inconsistent with the uses spec8 ified in this subsection— 

9 (i) at the discretion of the Secretary, 

10 the parcel shall revert to the United States; 

11 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 ‘‘Recre24 ation and Public Purposes Act’’) (43 U.S.C. 869 

25 et seq.); and 
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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 the 

6 Nevada Cancer Institute, a nonprofit organization de7 scribed under section 501(c)(3) of the Internal Rev8 enue Code of 1986, the principal place of business of 

9 which is at 10441 West Twain Avenue, Las Vegas, 

10 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 City 

21 shall prepare a survey and legal description of the 

22 Alta-Hualapai Site. The survey shall conform to the 

23 Bureau of Land Management cadastral survey stand24 ards and be subject to approval by the Secretary. 
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1 (2) ACCEPTANCE.—The Secretary may accept the 

2 relinquishment by the City of all or part of the Alta3 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, the 

8 Secretary shall convey to the Institute, subject to valid 

9 existing rights, the portion of the Alta-Hualapai Site 

10 that is necessary for the development of a nonprofit 

11 cancer institute. 

12 (4) ADDITIONAL CONVEYANCES.—Not later than 

13 180 days after a request from the City, the Secretary 

14 shall convey to the City, subject to valid existing 

15 rights, any remaining portion of the Alta-Hualapai 

16 Site necessary for ancillary medical or nonprofit use 

17 compatible with the mission of the Institute. 

18 (5) APPLICABLE LAW.—Any conveyance by the 

19 City of any portion of the land received under this 

20 section shall be for no less than fair market value and 

21 the proceeds shall be distributed in accordance with 

22 section 4(e)(1) of Public Law 105–263 (112 Stat. 

23 2345). 

24 (6) TRANSACTION COSTS.—All land conveyed by 

25 the Secretary under this section shall be at no cost, 
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1 except that the Secretary may require the recipient to 

2 bear any costs associated with transfer of title or any 

3 necessary land surveys. 

4 (7) REPORT.—Not later than 180 days after the 

5 date of the enactment of this Act, the Secretary shall 

6 submit to the Committee on Natural Resources of the 

7 House of Representatives and the Committee on En8 ergy and Natural Resources of the Senate a report on 

9 all transactions conducted under Public Law 105–263 

10 (112 Stat. 2345). 

11 (c) RIGHTS-OF-WAY.—Consistent with the Federal 

12 Land Policy and Management Act of 1976 (43 U.S.C. 

13 1701), the Secretary may grant rights-of-way to the Water 

14 District on a portion of the Alta-Hualapai Site for a flood 

15 control project and a water pumping facility. 

16 (d) REVERSION.—Any property conveyed pursuant to 

17 this section which ceases to be used for the purposes specified 

18 in this section shall, at the discretion of the Secretary, revert 

19 to the United States, along with any improvements thereon 

20 or thereto. 

21 SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH. 

22 (a) DEFINITIONS.—In this section: 

23 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

24 means the approximately 25 acres of Bureau of Land 
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1 Management land identified on the map as ‘‘Lands to 

2 be conveyed to Turnabout Ranch’’. 

3 (2) MAP.—The term ‘‘map’’ means the map enti4 tled ‘‘Turnabout Ranch Conveyance’’ dated May 12, 

5 2006, and on file in the office of the Director of the 

6 Bureau of Land Management. 

7 (3) MONUMENT.—The term ‘‘Monument’’ means 

8 the Grand Staircase-Escalante National Monument 

9 located in southern Utah. 

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

11 the Secretary of the Interior. 

12 (5) TURNABOUT RANCH.—The term ‘‘Turnabout 

13 Ranch’’ means the Turnabout Ranch in Escalante, 

14 Utah, owned by Aspen Education Group. 

15 (b) CONVEYANCE OF FEDERAL LAND TO TURNABOUT

16 RANCH.— 

17 (1) IN GENERAL.—Notwithstanding the land use 

18 planning requirements of sections 202 and 203 of the 

19 Federal Land Policy and Management Act of 1976 

20 (43 U.S.C. 1712, 1713), if not later than 30 days 

21 after completion of the appraisal required under 

22 paragraph (2), Turnabout Ranch of Escalante, Utah, 

23 submits to the Secretary an offer to acquire the Fed24 eral land for the appraised value, the Secretary shall, 

25 not later than 30 days after the date of the offer, con-
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1 vey to Turnabout Ranch all right, title, and interest 

2 to the Federal land, subject to valid existing rights. 

3 (2) APPRAISAL.—Not later than 90 days after 

4 the date of enactment of this Act, the Secretary shall 

5 complete an appraisal of the Federal land. The ap6 praisal shall be completed in accordance with the 

7 ‘‘Uniform Appraisal Standards for Federal Land Ac8 quisitions’’ and the ‘‘Uniform Standards of Profes9 sional Appraisal Practice’’. All costs associated with 

10 the appraisal shall be born by Turnabout Ranch. 

11 (3) PAYMENT OF CONSIDERATION.—Not later 

12 than 30 days after the date on which the Federal land 

13 is conveyed under paragraph (1), as a condition of 

14 the conveyance, Turnabout Ranch shall pay to the 

15 Secretary an amount equal to the appraised value of 

16 the Federal land, as determined under paragraph (2). 

17 (4) COSTS OF CONVEYANCE.—As a condition of 

18 the conveyance, any costs of the conveyance under this 

19 section shall be paid by Turnabout Ranch. 

20 (5) DISPOSITION OF PROCEEDS.—The Secretary 

21 shall deposit the proceeds from the conveyance of the 

22 Federal land under paragraph (1) in the Federal 

23 Land Deposit Account established by section 206 of 

24 the Federal Land Transaction Facilitation Act(43 
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1 U.S.C. 2305), to be expended in accordance with that 

2 Act. 

3 (c) MODIFICATION OF MONUMENT BOUNDARY.—When 

4 the conveyance authorized by subsection (b) is completed, 

5 the boundaries of the Grand Staircase-Escalante National 

6 Monument in the State of Utah are hereby modified to ex7 clude the Federal land conveyed to Turnabout Ranch. 

8 SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH. 

9 (a) DEFINITIONS.—In this section: 

10 (1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ 

11 means the Utah National Parks Council of the Boy 

12 Scouts of America. 

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

14 the Secretary of the Interior. 

15 (b) BOY SCOUTS OF AMERICA LAND EXCHANGE.— 

16 (1) AUTHORITY TO CONVEY.— 

17 (A) IN GENERAL.—Subject to paragraph (3) 

18 and notwithstanding the Act of June 14, 1926 

19 (commonly known as the ‘‘Recreation and Public 

20 Purposes Act’’) (43 U.S.C. 869 et seq.), the Boy 

21 Scouts may convey to Brian Head Resort, sub22 ject to valid existing rights and, except as pro23 vided in subparagraph (B), any rights reserved 

24 by the United States, all right, title, and interest 

25 granted to the Boy Scouts by the original patent 
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1 to the parcel described in paragraph (2)(A) in 

2 exchange for the conveyance by Brian Head Re3 sort to the Boy Scouts of all right, title, and in4 terest in and to the parcels described in para5 graph (2)(B). 

6 (B) REVERSIONARY INTEREST.—On convey7 ance of the parcel of land described in paragraph 

8 (2)(A), the Secretary shall have discretion with 

9 respect to whether or not the reversionary inter10 ests of the United States are to be exercised. 

11 (2) DESCRIPTION OF LAND.—The parcels of land 

12 referred to in paragraph (1) are— 

13 (A) the 120-acre parcel that is part of a 

14 tract of public land acquired by the Boy Scouts 

15 under the Act of June 14, 1926 (commonly 

16 known as the ‘‘Recreation and Public Purposes 

17 Act’’) (43 U.S.C. 869 et seq.) for the purpose of 

18 operating a camp, which is more particularly 

19 described as the W 1/2 SE 1/4 and SE 1/4 SE 

20 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake Base 

21 and Meridian; and 

22 (B) the 2 parcels of private land owned by 

23 Brian Head Resort that total 120 acres, which 

24 are more particularly described as— 
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1 (i) NE 1/4 NW 1/4 and NE 1/4 NE 1/ 

2 4 sec. 25, T. 35 S., R. 9 W., Salt Lake Base 

3 and Meridian; and 

4 (ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., 

5 R. 9 W., Salt Lake Base Meridian. 

6 (3) CONDITIONS.—On conveyance to the Boy 

7 Scouts under paragraph (1)(A), the parcels of land 

8 described in paragraph (2)(B) shall be subject to the 

9 terms and conditions imposed on the entire tract of 

10 land acquired by the Boy Scouts for a camp under 

11 the Bureau of Land Management patent numbered 

12 43–75–0010. 

13 (4) MODIFICATION OF PATENT.—On completion 

14 of the exchange under paragraph (1)(A), the Secretary 

15 shall amend the original Bureau of Land Manage16 ment patent providing for the conveyance to the Boy 

17 Scouts under the Act of June 14, 1926 (commonly 

18 known as the ‘‘Recreation and Public Purposes Act’’) 

19 (43 U.S.C. 869 et seq.) numbered 43–75–0010 to take 

20 into account the exchange under paragraph (1)(A). 

21 SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CON22 VEYANCE. 

23 (a) DEFINITIONS.—In this section: 

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

25 means the approximately 622 acres of Federal land 
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1 managed by the Bureau of Land Management and 

2 identified for conveyance on the map prepared by the 

3 Bureau of Land Management entitled ‘‘Douglas 

4 County Public Utility District Proposal’’ and dated 

5 March 2, 2006. 

6 (2) PUD.—The term ‘‘PUD’’ means the Public 

7 Utility District No. 1 of Douglas County, Wash8 ington. 

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

10 the Secretary of the Interior. 

11 (4) WELLS HYDROELECTRIC PROJECT.—The 

12 term ‘‘Wells Hydroelectric Project’’ means Federal 

13 Energy Regulatory Commission Project No. 2149. 

14 (b) CONVEYANCE OF PUBLIC LAND, WELLS HYDRO15 ELECTRIC PROJECT, PUBLIC UTILITY DISTRICT NO. 1 OF

16 DOUGLAS COUNTY, WASHINGTON.— 

17 (1) CONVEYANCE REQUIRED.—Notwithstanding 

18 the land use planning requirements of sections 202 

19 and 203 of the Federal Land Policy and Management 

20 Act of 1976 (43 U.S.C. 1712, 1713), and notwith21 standing section 24 of the Federal Power Act (16 

22 U.S.C. 818) and Federal Power Order for Project 

23 2149, and subject to valid existing rights, if not later 

24 than 45 days after the date of completion of the ap25 praisal required under paragraph (2), the Public 
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1 Utility District No. 1 of Douglas County, Wash2 ington, submits to the Secretary an offer to acquire 

3 the public land for the appraised value, the Secretary 

4 shall convey, not later than 30 days after the date of 

5 the offer, to the PUD all right, title, and interest of 

6 the United States in and to the public land. 

7 (2) APPRAISAL.—Not later than 60 days after 

8 the date of enactment of this Act, the Secretary shall 

9 complete an appraisal of the public land. The ap10 praisal shall be conducted in accordance with the 

11 ‘‘Uniform Appraisal Standards for Federal Land Ac12 quisitions’’ and the ‘‘Uniform Standards of Profes13 sional Appraisal Practice’’. 

14 (3) PAYMENT.—Not later than 30 days after the 

15 date on which the public land is conveyed under this 

16 subsection, the PUD shall pay to the Secretary an 

17 amount equal to the appraised value of the public 

18 land as determined under paragraph (2). 

19 (4) MAP AND LEGAL DESCRIPTIONS.—As soon as 

20 practicable after the date of enactment of this Act, the 

21 Secretary shall finalize legal descriptions of the public 

22 land to be conveyed under this subsection. The Sec23 retary may correct any minor errors in the map re24 ferred to in subsection (a)(1) or in the legal descrip25 tions. The map and legal descriptions shall be on file 
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1 and available for public inspection in appropriate of2 fices of the Bureau of Land Management. 

3 (5) COSTS OF CONVEYANCE.—As a condition of 

4 conveyance, any costs related to the conveyance under 

5 this subsection shall be paid by the PUD. 

6 (6) DISPOSITION OF PROCEEDS.—The Secretary 

7 shall deposit the proceeds from the sale in the Federal 

8 Land Disposal Account established by section 206 of 

9 the Federal Land Transaction Facilitation Act (43 

10 U.S.C. 2305) to be expended to improve access to pub11 lic lands administered by the Bureau of Land Man12 agement in the State of Washington. 

13 (c) SEGREGATION OF LANDS.— 

14 (1) WITHDRAWAL.—Except as provided in sub15 section (b)(1), effective immediately upon enactment 

16 of this Act, and subject to valid existing rights, the 

17 public land is withdrawn from— 

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

19 disposal under the public land laws, and all 

20 amendments thereto; 

21 (B) location, entry, and patenting under the 

22 mining laws, and all amendments thereto; and 

23 (C) operation of the mineral leasing, min24 eral materials, and geothermal leasing laws, and 

25 all amendments thereto. 
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1 (2) DURATION.—This subsection expires two 

2 years after the date of enactment of this Act or on the 

3 date of the completion of the conveyance under sub4 section (b), whichever is earlier. 

5 (d) RETAINED AUTHORITY.—The Secretary shall re6 tain the authority to place conditions on the license to in7 sure adequate protection and utilization of the public land 

8 granted to the Secretary in section 4(e) of the Federal Power 

9 Act (16 U.S.C. 797(e)) until the Federal Energy Regulatory 

10 Commission has issued a new license for the Wells Hydro11 electric Project, to replace the original license expiring May 

12 31, 2012, consistent with section 15 of the Federal Power 

13 Act (16 U.S.C. 808). 

14 SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE. 

15 (a) CONVEYANCE.—As soon as practicable after the 

16 date of enactment of this Act, the Secretary of the Interior, 

17 acting through the Director of the Bureau of Land Manage18 ment, shall convey to the city of Twin Falls, Idaho, subject 

19 to valid existing rights, without consideration, all right, 

20 title, and interest of the United States in and to the 4 par21 cels of land described in subsection (b). 

22 (b) LAND DESCRIPTION.—The 4 parcels of land to be 

23 conveyed under subsection (a) are the approximately 165 

24 acres of land in Twin Falls County, Idaho, that are identi25 fied as ‘‘Land to be conveyed to Twin Falls’’ on the map 
337 

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1 titled ‘‘Twin Falls Land Conveyance’’ and dated July 28, 

2 2008. 

3 (c) MAP ON FILE.—A map depicting the land de4 scribed in subsection (b) shall be on file and available for 

5 public inspection in the appropriate offices of the Bureau 

6 of Land Management. 

7 (d) USE OF CONVEYED LANDS.— 

8 (1) PURPOSE.—The land conveyed under this 

9 section shall be used to support the public purposes of 

10 the Auger Falls Project, including a limited agricul11 tural exemption to allow for water quality and wild12 life habitat improvements. 

13 (2) RESTRICTION.—The land conveyed under 

14 this section shall not be used for residential or com15 mercial purposes, except for the limited agricultural 

16 exemption described in paragraph (1). 

17 (3) ADDITIONAL TERMS AND CONDITIONS.—The 

18 Secretary of the Interior may require such additional 

19 terms and conditions in connection with the convey20 ance as the Secretary considers appropriate to protect 

21 the interests of the United States. 

22 (e) REVERSION.—If the land conveyed under this sec23 tion is no longer used in accordance with subsection (d)— 
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1 (1) the land shall, at the discretion of the Sec2 retary based on his determination of the best interests 

3 of the United States, revert to the United States; and 

4 (2) if the Secretary chooses to have the land re5 vert to the United States and if the Secretary deter6 mines that the land is environmentally contaminated, 

7 the city of Twin Falls, Idaho, or any other person re8 sponsible for the contamination shall remediate the 

9 contamination. 

10 (f) ADMINISTRATIVE COSTS.—The Secretary shall re11 quire that the city of Twin Falls, Idaho, pay all survey 

12 costs and other administrative costs necessary for the prepa13 ration and completion of any patents of and transfer of 

14 title to property under this section. 

15 SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RE16 LEASE, NEVADA. 

17 (a) FINDING.—Congress finds that the land described 

18 in subsection (c) has been adequately studied for wilderness 

19 designation under section 603 of the Federal Land Policy 

20 and Management Act of 1976 (43 U.S.C. 1782). 

21 (b) RELEASE.—The land described in subsection (c)— 

22 (1) is no longer subject to section 603(c) of the 

23 Federal Land Policy and Management Act of 1976 

24 (43 U.S.C. 1782(c)); and 

25 (2) shall be managed in accordance with— 
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1 (A) land management plans adopted under 

2 section 202 of that Act (43 U.S.C. 1712); and 

3 (B) cooperative conservation agreements in 

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

5 (c) DESCRIPTION OF LAND.—The land referred to in 

6 subsections (a) and (b) is the approximately 70 acres of 

7 land in the Sunrise Mountain Instant Study Area of Clark 

8 County, Nevada, that is designated on the map entitled 

9 ‘‘Sunrise Mountain ISA Release Areas’’ and dated Sep10 tember 6, 2008. 

11 SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE. 

12 (a) CONVEYANCE OF LAND BY THE BUREAU OF LAND

13 MANAGEMENT TO PARK CITY, UTAH.— 

14 (1) LAND TRANSFER.—Notwithstanding the 

15 planning requirements of sections 202 and 203 of the 

16 Federal Land Policy and Management Act of 1976 

17 (43 U.S.C. 1712, 1713), the Secretary of the Interior 

18 shall convey, not later than 180 days after the date 

19 of the enactment of this Act, to Park City, Utah, all 

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

21 to two parcels of real property located in Park City, 

22 Utah, that are currently under the management juris23 diction of the Bureau of Land Management and des24 ignated as parcel 8 (commonly known as the White 

25 Acre parcel) and parcel 16 (commonly known as the 
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1 Gambel Oak parcel). The conveyance shall be subject 

2 to all valid existing rights. 

3 (2) DEED RESTRICTION.—The conveyance of the 

4 lands under paragraph (1) shall be made by a deed 

5 or deeds containing a restriction requiring that the 

6 lands be maintained as open space and used solely for 

7 public recreation purposes or other purposes con8 sistent with their maintenance as open space. This re9 striction shall not be interpreted to prohibit the con10 struction or maintenance of recreational facilities, 

11 utilities, or other structures that are consistent with 

12 the maintenance of the lands as open space or its use 

13 for public recreation purposes. 

14 (3) CONSIDERATION.—In consideration for the 

15 transfer of the land under paragraph (1), Park City 

16 shall pay to the Secretary of the Interior an amount 

17 consistent with conveyances to governmental entities 

18 for recreational purposes under the Act of June 14, 

19 1926 (commonly known as the Recreation and Public 

20 Purposes Act; 43 U.S.C. 869 et seq.). 

21 (b) SALE OF BUREAU OF LAND MANAGEMENT LAND

22 IN PARK CITY, UTAH, AT AUCTION.— 

23 (1) SALE OF LAND.—Not later than 180 days 

24 after the date of the enactment of this Act, the Sec25 retary of the Interior shall offer for sale any right, 
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1 title, or interest of the United States in and to two 

2 parcels of real property located in Park City, Utah, 

3 that are currently under the management jurisdiction 

4 of the Bureau of Land Management and are des5 ignated as parcels 17 and 18 in the Park City, Utah, 

6 area. The sale of the land shall be carried out in ac7 cordance with the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1701) and other applica9 ble law, other than the planning provisions of sections 

10 202 and 203 of such Act (43 U.S.C. 1712, 1713), and 

11 shall be subject to all valid existing rights. 

12 (2) METHOD OF SALE.—The sale of the land 

13 under paragraph (1) shall be consistent with sub14 sections (d) and (f) of section 203 of the Federal Land 

15 Policy and Management Act of 1976 (43 U.S.C. 1713) 

16 through a competitive bidding process and for not less 

17 than fair market value. 

18 (c) DISPOSITION OF LAND SALES PROCEEDS.—All 

19 proceeds derived from the sale of land described in this sec20 tion shall be deposited in the Federal Land Disposal Ac21 count established by section 206(a) of the Federal Land 

22 Transaction Facilitation Act (43 U.S.C. 2305(a)). 
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1 SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CER2 TAIN LANDS IN RENO, NEVADA. 

3 (a) RAILROAD LANDS DEFINED.—For the purposes of 

4 this section, the term ‘‘railroad lands’’ means those lands 

5 within the City of Reno, Nevada, located within portions 

6 of sections 10, 11, and 12 of T.19 N., R. 19 E., and portions 

7 of section 7 of T.19 N., R. 20 E., Mount Diablo Meridian, 

8 Nevada, that were originally granted to the Union Pacific 

9 Railroad under the provisions of the Act of July 1, 1862, 

10 commonly known as the Union Pacific Railroad Act. 

11 (b) RELEASE OF REVERSIONARY INTEREST.—Any re12 versionary interests of the United States (including inter13 ests under the Act of July 1, 1862, commonly known as 

14 the Union Pacific Railroad Act) in and to the railroad 

15 lands as defined in subsection (a) of this section are hereby 

16 released. 

17 SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE 

18 TUOLUMNE RANCHERIA. 

19 (a) IN GENERAL.— 

20 (1) FEDERAL LANDS.—Subject to valid existing 

21 rights, all right, title, and interest (including im22 provements and appurtenances) of the United States 

23 in and to the Federal lands described in subsection 

24 (b), the Federal lands shall be declared to be held in 

25 trust by the United States for the benefit of the Tribe 

26 for nongaming purposes, and shall be subject to the 
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1 same terms and conditions as those lands described in 

2 the California Indian Land Transfer Act (Public 

3 Law 106–568; 114 Stat. 2921). 

4 (2) TRUST LANDS.—Lands described in sub5 section (c) of this section that are taken or to be taken 

6 in trust by the United States for the benefit of the 

7 Tribe shall be subject to subsection (c) of section 903 

8 of the California Indian Land Transfer Act (Public 

9 Law 106–568; 114 Stat. 2921). 

10 (b) FEDERAL LANDS DESCRIBED.—The Federal lands 

11 described in this subsection, comprising approximately 66 

12 acres, are as follows: 

13 (1) Township 1 North, Range 16 East, Section 

14 6, Lots 10 and 12, MDM, containing 50.24 acres 

15 more or less. 

16 (2) Township 1 North, Range 16 East, Section 

17 5, Lot 16, MDM, containing 15.35 acres more or less. 

18 (3) Township 2 North, Range 16 East, Section 

19 32, Indian Cemetery Reservation within Lot 22, 

20 MDM, containing 0.4 acres more or less. 

21 (c) TRUST LANDS DESCRIBED.—The trust lands de22 scribed in this subsection, comprising approximately 357 

23 acres, are commonly referred to as follows: 

24 (1) Thomas property, pending trust acquisition, 

25 104.50 acres. 
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1 (2) Coenenburg property, pending trust acquisi2 tion, 192.70 acres, subject to existing easements of 

3 record, including but not limited to a non-exclusive 

4 easement for ingress and egress for the benefit of ad5 joining property as conveyed by Easement Deed re6 corded July 13, 1984, in Volume 755, Pages 189 to 

7 192, and as further defined by Stipulation and Judg8 ment entered by Tuolumne County Superior Court on 

9 September 2, 1983, and recorded June 4, 1984, in 

10 Volume 751, Pages 61 to 67. 

11 (3) Assessor Parcel No. 620505300, 1.5 acres, 

12 trust land. 

13 (4) Assessor Parcel No. 620505400, 19.23 acres, 

14 trust land. 

15 (5) Assessor Parcel No. 620505600, 3.46 acres, 

16 trust land. 

17 (6) Assessor Parcel No. 620505700, 7.44 acres, 

18 trust land. 

19 (7) Assessor Parcel No. 620401700, 0.8 acres, 

20 trust land. 

21 (8) A portion of Assessor Parcel No. 620500200, 

22 2.5 acres, trust land. 

23 (9) Assessor Parcel No. 620506200, 24.87 acres, 

24 trust land. 
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1 (d) SURVEY.—As soon as practicable after the date of 

2 the enactment of this Act, the Office of Cadastral Survey 

3 of the Bureau of Land Management shall complete fieldwork 

4 required for a survey of the lands described in subsections 

5 (b) and (c) for the purpose of incorporating those lands 

6 within the boundaries of the Tuolumne Rancheria. Not later 

7 than 90 days after that fieldwork is completed, that office 

8 shall complete the survey. 

9 (e) LEGAL DESCRIPTIONS.— 

10 (1) PUBLICATION.—On approval by the Commu11 nity Council of the Tribe of the survey completed 

12 under subsection (d), the Secretary of the Interior 

13 shall publish in the Federal Register— 

14 (A) a legal description of the new boundary 

15 lines of the Tuolumne Rancheria; and 

16 (B) a legal description of the land surveyed 

17 under subsection (d). 

18 (2) EFFECT.—Beginning on the date on which 

19 the legal descriptions are published under paragraph 

20 (1), such legal descriptions shall be the official legal 

21 descriptions of those boundary lines of the Tuolumne 

22 Rancheria and the lands surveyed. 
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1 TITLE III—FOREST SERVICE 

2 AUTHORIZATIONS 

3 Subtitle A—Watershed Restoration 

4 and Enhancement 

5 SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT 

6 AGREEMENTS. 

7 Section 323 of the Department of the Interior and Re8 lated Agencies Appropriations Act, 1999 (16 U.S.C. 1011 

9 note; Public Law 105–277), is amended— 

10 (1) in subsection (a), by striking ‘‘each of fiscal 

11 years 2006 through 2011’’ and inserting ‘‘fiscal year 

12 2006 and each fiscal year thereafter’’; 

13 (2) by redesignating subsection (d) as subsection 

14 (e); and 

15 (3) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d) APPLICABLE LAW.—Chapter 63 of title 31, 

18 United States Code, shall not apply to— 

19 ‘‘(1) a watershed restoration and enhancement 

20 agreement entered into under this section; or 

21 ‘‘(2) an agreement entered into under the first 

22 section of Public Law 94–148 (16 U.S.C. 565a–1).’’. 
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1 Subtitle B—Wildland Firefighter 

2 Safety 

3 SEC. 3101. WILDLAND FIREFIGHTER SAFETY. 

4 (a) DEFINITIONS.—In this section: 

5 (1) SECRETARIES.—The term ‘‘Secretaries’’ 

6 means— 

7 (A) the Secretary of the Interior, acting 

8 through the Directors of the Bureau of Land 

9 Management, the United States Fish and Wild10 life Service, the National Park Service, and the 

11 Bureau of Indian Affairs; and 

12 (B) the Secretary of Agriculture, acting 

13 through the Chief of the Forest Service. 

14 (2) WILDLAND FIREFIGHTER.—The term 

15 ‘‘wildland firefighter’’ means any person who partici16 pates in wildland firefighting activities— 

17 (A) under the direction of either of the Sec18 retaries; or 

19 (B) under a contract or compact with a fed20 erally recognized Indian tribe. 

21 (b) ANNUAL REPORT TO CONGRESS.— 

22 (1) IN GENERAL.—The Secretaries shall jointly 

23 submit to Congress an annual report on the wildland 

24 firefighter safety practices of the Secretaries, includ25 ing training programs and activities for wildland fire 
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1 suppression, prescribed burning, and wildland fire 

2 use, during the preceding calendar year. 

3 (2) TIMELINE.—Each report under paragraph 

4 (1) shall— 

5 (A) be submitted by not later than March of 

6 the year following the calendar year covered by 

7 the report; and 

8 (B) include— 

9 (i) a description of, and any changes 

10 to, wildland firefighter safety practices, in11 cluding training programs and activities 

12 for wildland fire suppression, prescribed 

13 burning, and wildland fire use; 

14 (ii) statistics and trend analyses; 

15 (iii) an estimate of the amount of Fed16 eral funds expended by the Secretaries on 

17 wildland firefighter safety practices, includ18 ing training programs and activities for 

19 wildland fire suppression, prescribed burn20 ing, and wildland fire use; 

21 (iv) progress made in implementing 

22 recommendations from the Inspector Gen23 eral, the Government Accountability Office, 

24 the Occupational Safety and Health Ad25 ministration, or an agency report relating 
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1 to a wildland firefighting fatality issued 

2 during the preceding 10 years; and 

3 (v) a description of— 

4 (I) the provisions relating to 

5 wildland firefighter safety practices in 

6 any Federal contract or other agree7 ment governing the provision of 

8 wildland firefighters by a non-Federal 

9 entity; 

10 (II) a summary of any actions 

11 taken by the Secretaries to ensure that 

12 the provisions relating to safety prac13 tices, including training, are complied 

14 with by the non-Federal entity; and 

15 (III) the results of those actions. 

16 Subtitle C—Wyoming Range 

17 SEC. 3201. DEFINITIONS. 

18 In this subtitle: 

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

20 the Secretary of the Interior. 

21 (2) WYOMING RANGE WITHDRAWAL AREA.—The 

22 term ‘‘Wyoming Range Withdrawal Area’’ means all 

23 National Forest System land and federally owned 

24 minerals located within the boundaries of the 

25 Bridger-Teton National Forest identified on the map 
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1 entitled ‘‘Wyoming Range Withdrawal Area’’ and 

2 dated October 17, 2007, on file with the Office of the 

3 Chief of the Forest Service and the Office of the Su4 pervisor of the Bridger-Teton National Forest. 

5 SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYO6 MING RANGE. 

7 (a) WITHDRAWAL.—Except as provided in subsection 

8 (f), subject to valid existing rights as of the date of enact9 ment of this Act and the provisions of this subtitle, land 

10 in the Wyoming Range Withdrawal Area is withdrawn 

11 from— 

12 (1) all forms of appropriation or disposal under 

13 the public land laws; 

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

15 laws; and 

16 (3) disposition under laws relating to mineral 

17 and geothermal leasing. 

18 (b) EXISTING RIGHTS.—If any right referred to in 

19 subsection (a) is relinquished or otherwise acquired by the 

20 United States (including through donation under section 

21 3203) after the date of enactment of this Act, the land sub22 ject to that right shall be withdrawn in accordance with 

23 this section. 

24 (c) BUFFERS.—Nothing in this section requires— 
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1 (1) the creation of a protective perimeter or buff2 er area outside the boundaries of the Wyoming Range 

3 Withdrawal Area; or 

4 (2) any prohibition on activities outside of the 

5 boundaries of the Wyoming Range Withdrawal Area 

6 that can be seen or heard from within the boundaries 

7 of the Wyoming Range Withdrawal Area. 

8 (d) LAND AND RESOURCE MANAGEMENT PLAN.— 

9 (1) IN GENERAL.—Subject to paragraph (2), the 

10 Bridger-Teton National Land and Resource Manage11 ment Plan (including any revisions to the Plan) shall 

12 apply to any land within the Wyoming Range With13 drawal Area. 

14 (2) CONFLICTS.—If there is a conflict between 

15 this subtitle and the Bridger-Teton National Land 

16 and Resource Management Plan, this subtitle shall 

17 apply. 

18 (e) PRIOR LEASE SALES.—Nothing in this section pro19 hibits the Secretary from taking any action necessary to 

20 issue, deny, remove the suspension of, or cancel a lease, or 

21 any sold lease parcel that has not been issued, pursuant 

22 to any lease sale conducted prior to the date of enactment 

23 of this Act, including the completion of any requirements 

24 under the National Environmental Policy Act of 1969 (42 

25 U.S.C. 4321 et seq.). 
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1 (f) EXCEPTION.—Notwithstanding the withdrawal in 

2 subsection (a), the Secretary may lease oil and gas resources 

3 in the Wyoming Range Withdrawal Area that are within 

4 1 mile of the boundary of the Wyoming Range Withdrawal 

5 Area in accordance with the Mineral Leasing Act (30 

6 U.S.C. 181 et seq.) and subject to the following conditions: 

7 (1) The lease may only be accessed by directional 

8 drilling from a lease held by production on the date 

9 of enactment of this Act on National Forest System 

10 land that is adjacent to, and outside of, the Wyoming 

11 Range Withdrawal Area. 

12 (2) The lease shall prohibit, without exception or 

13 waiver, surface occupancy and surface disturbance for 

14 any activities, including activities related to explo15 ration, development, or production. 

16 (3) The directional drilling may extend no fur17 ther than 1 mile inside the boundary of the Wyoming 

18 Range Withdrawal Area. 

19 SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EX20 ISTING MINING OR LEASING RIGHTS IN THE 

21 WYOMING RANGE. 

22 (a) NOTIFICATION OF LEASEHOLDERS.—Not later 

23 than 120 days after the date of enactment of this Act, the 

24 Secretary shall provide notice to holders of valid existing 

25 mining or leasing rights within the Wyoming Range With-
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1 drawal Area of the potential opportunity for repurchase of 

2 those rights and retirement under this section. 

3 (b) REQUEST FOR LEASE RETIREMENT.— 

4 (1) IN GENERAL.—A holder of a valid existing 

5 mining or leasing right within the Wyoming Range 

6 Withdrawal Area may submit a written notice to the 

7 Secretary of the interest of the holder in the retire8 ment and repurchase of that right. 

9 (2) LIST OF INTERESTED HOLDERS.—The Sec10 retary shall prepare a list of interested holders and 

11 make the list available to any non-Federal entity or 

12 person interested in acquiring that right for retire13 ment by the Secretary. 

14 (c) PROHIBITION.—The Secretary may not use any 

15 Federal funds to purchase any right referred to in sub16 section (a). 

17 (d) DONATION AUTHORITY.—The Secretary shall— 

18 (1) accept the donation of any valid existing 

19 mining or leasing right in the Wyoming Range With20 drawal Area from the holder of that right or from any 

21 non-Federal entity or person that acquires that right; 

22 and 

23 (2) on acceptance, cancel that right. 

24 (e) RELATIONSHIP TO OTHER AUTHORITY.—Nothing 

25 in this subtitle affects any authority the Secretary may oth-
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1 erwise have to modify, suspend, or terminate a lease with2 out compensation, or to recognize the transfer of a valid 

3 existing mining or leasing right, if otherwise authorized by 

4 law. 

5 Subtitle D—Land Conveyances and 

6 Exchanges 

7 SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, 

8 ALASKA. 

9 (a) DEFINITIONS.—In this section: 

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

11 Coffman Cove, Alaska. 

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

13 the Secretary of Agriculture. 

14 (b) CONVEYANCE.— 

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

16 rights, the Secretary shall convey to the City, without 

17 consideration and by quitclaim deed all right, title, 

18 and interest of the United States, except as provided 

19 in paragraphs (3) and (4), in and to the parcel of 

20 National Forest System land described in paragraph 

21 (2). 

22 (2) DESCRIPTION OF LAND.— 

23 (A) IN GENERAL.—The parcel of National 

24 Forest System land referred to in paragraph (1) 

25 is the approximately 12 acres of land identified 
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1 in U.S. Survey 10099, as depicted on the plat 

2 entitled ‘‘Subdivision of U.S. Survey No. 10099’’ 

3 and recorded as Plat 2003–1 on January 21, 

4 2003, Petersburg Recording District, Alaska. 

5 (B) EXCLUDED LAND.—The parcel of Na6 tional Forest System land conveyed under para7 graph (1) does not include the portion of U.S. 

8 Survey 10099 that is north of the right-of-way 

9 for Forest Development Road 3030–295 and 

10 southeast of Tract CC–8. 

11 (3) RIGHT-OF-WAY.—The United States may re12 serve a right-of-way to provide access to the National 

13 Forest System land excluded from the conveyance to 

14 the City under paragraph (2)(B). 

15 (4) REVERSION.—If any portion of the land con16 veyed under paragraph (1) (other than a portion of 

17 land sold under paragraph (5)) ceases to be used for 

18 public purposes, the land shall, at the option of the 

19 Secretary, revert to the United States. 

20 (5) CONDITIONS ON SUBSEQUENT CONVEY21 ANCES.—If the City sells any portion of the land con22 veyed to the City under paragraph (1)— 

23 (A) the amount of consideration for the sale 

24 shall reflect fair market value, as determined by 

25 an appraisal; and 
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1 (B) the City shall pay to the Secretary an 

2 amount equal to the gross proceeds of the sale, 

3 which shall be available, without further appro4 priation, for the Tongass National Forest. 

5 SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST 

6 LAND CONVEYANCE, MONTANA. 

7 (a) DEFINITIONS.—In this section: 

8 (1) COUNTY.—The term ‘‘County’’ means Jeffer9 son County, Montana. 

10 (2) MAP.—The term ‘‘map’’ means the map that 

11 is— 

12 (A) entitled ‘‘Elkhorn Cemetery’’; 

13 (B) dated May 9, 2005; and 

14 (C) on file in the office of the Beaverhead15 Deerlodge National Forest Supervisor. 

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

17 the Secretary of Agriculture. 

18 (b) CONVEYANCE TO JEFFERSON COUNTY, MON19 TANA.— 

20 (1) CONVEYANCE.—Not later than 180 days after 

21 the date of enactment of this Act and subject to valid 

22 existing rights, the Secretary (acting through the Re23 gional Forester, Northern Region, Missoula, Montana) 

24 shall convey by quitclaim deed to the County for no 

25 consideration, all right, title, and interest of the 
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1 United States, except as provided in paragraph (5), 

2 in and to the parcel of land described in paragraph 

3 (2). 

4 (2) DESCRIPTION OF LAND.—The parcel of land 

5 referred to in paragraph (1) is the parcel of approxi6 mately 9.67 acres of National Forest System land (in7 cluding any improvements to the land) in the County 

8 that is known as the ‘‘Elkhorn Cemetery’’, as gen9 erally depicted on the map. 

10 (3) USE OF LAND.—As a condition of the convey11 ance under paragraph (1), the County shall— 

12 (A) use the land described in paragraph (2) 

13 as a County cemetery; and 

14 (B) agree to manage the cemetery with due 

15 consideration and protection for the historic and 

16 cultural values of the cemetery, under such terms 

17 and conditions as are agreed to by the Secretary 

18 and the County. 

19 (4) EASEMENT.—In conveying the land to the 

20 County under paragraph (1), the Secretary, in ac21 cordance with applicable law, shall grant to the 

22 County an easement across certain National Forest 

23 System land, as generally depicted on the map, to 

24 provide access to the land conveyed under that para25 graph. 
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1 (5) REVERSION.—In the quitclaim deed to the 

2 County, the Secretary shall provide that the land con3 veyed to the County under paragraph (1) shall revert 

4 to the Secretary, at the election of the Secretary, if the 

5 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, as 

16 depicted on the map. 

17 (2) LANDOWNER.—The term ‘‘landowner’’ means 

18 the 1 or more owners of the non-Federal land. 

19 (3) MAP.—The term ‘‘map’’ means the map enti20 tled ‘‘Proposed Land Exchange for Pecos National 

21 Historical Park’’, numbered 430/80,054, dated No22 vember 19, 1999, and revised September 18, 2000. 

23 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed24 eral land’’ means the approximately 154 acres of non25 Federal land in the Park, as depicted on the map. 
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1 (5) PARK.—The term ‘‘Park’’ means the Pecos 

2 National Historical Park in the State. 

3 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

4 means the Secretary of the Interior and the Secretary 

5 of Agriculture, acting jointly. 

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

7 of New Mexico. 

8 (b) LAND EXCHANGE.— 

9 (1) IN GENERAL.—If the Secretary of the Inte10 rior accepts the non-Federal land, title to which is ac11 ceptable to the Secretary of the Interior, the Secretary 

12 of Agriculture shall, subject to the conditions of this 

13 section and the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.), convey to the land15 owner the Federal land. 

16 (2) EASEMENT.— 

17 (A) IN GENERAL.—As a condition of the 

18 conveyance of the non-Federal land, the land19 owner may reserve an easement (including an 

20 easement for service access) for water pipelines to 

21 2 well sites located in the Park, as generally de22 picted on the map. 

23 (B) ROUTE.—The Secretary of the Interior 

24 and the landowner shall determine the appro-
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1 priate route of the easement through the non2 Federal land. 

3 (C) TERMS AND CONDITIONS.—The ease4 ment shall include such terms and conditions re5 lating to the use of, and access to, the well sites 

6 and pipeline, as the Secretary of the Interior 

7 and the landowner determine to be appropriate. 

8 (D) APPLICABLE LAW.—The easement shall 

9 be established, operated, and maintained in com10 pliance with applicable Federal, State, and local 

11 laws. 

12 (3) VALUATION, APPRAISALS, AND EQUALI13 ZATION.— 

14 (A) IN GENERAL.—The value of the Federal 

15 land and non-Federal land— 

16 (i) shall be equal, as determined by ap17 praisals conducted in accordance with sub18 paragraph (B); or 

19 (ii) if the value is not equal, shall be 

20 equalized in accordance with subparagraph 

21 (C). 

22 (B) APPRAISALS.— 

23 (i) IN GENERAL.—The Federal land 

24 and non-Federal land shall be appraised by 
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1 an independent appraiser selected by the 

2 Secretaries. 

3 (ii) REQUIREMENTS.—An appraisal 

4 conducted under clause (i) shall be con5 ducted in accordance with— 

6 (I) the Uniform Appraisal Stand7 ards for Federal Land Acquisitions; 

8 and 

9 (II) the Uniform Standards of 

10 Professional Appraisal Practice. 

11 (iii) APPROVAL.—The appraisals con12 ducted under this subparagraph shall be 

13 submitted to the Secretaries for approval. 

14 (C) EQUALIZATION OF VALUES.— 

15 (i) IN GENERAL.—If the values of the 

16 non-Federal land and the Federal land are 

17 not equal, the values may be equalized in 

18 accordance with section 206 of the Federal 

19 Land Policy and Management Act of 1976 

20 (43 U.S.C. 1716). 

21 (ii) CASH EQUALIZATION PAYMENTS.— 

22 Any amounts received by the Secretary of 

23 Agriculture as a cash equalization payment 

24 under section 206(b) of the Federal Land 
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1 Policy and Management Act of 1976 (43 

2 U.S.C. 1716(b)) shall— 

3 (I) be deposited in the fund estab4 lished by Public Law 90–171 (com5 monly known as the ‘‘Sisk Act’’) (16 

6 U.S.C. 484a); and 

7 (II) be available for expenditure, 

8 without further appropriation, for the 

9 acquisition of land and interests in 

10 land in the State. 

11 (4) COSTS.—Before the completion of the ex12 change under this subsection, the Secretaries and the 

13 landowner shall enter into an agreement that allo14 cates the costs of the exchange among the Secretaries 

15 and the landowner. 

16 (5) APPLICABLE LAW.—Except as otherwise pro17 vided in this section, the exchange of land and inter18 ests in land under this section shall be in accordance 

19 with— 

20 (A) section 206 of the Federal Land Policy 

21 and Management Act of 1976 (43 U.S.C. 1716); 

22 and 

23 (B) other applicable Federal, State, and 

24 local laws. 
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1 (6) ADDITIONAL TERMS AND CONDITIONS.—The 

2 Secretaries may require, in addition to any require3 ments under this section, such terms and conditions 

4 relating to the exchange of Federal land and non-Fed5 eral land and the granting of easements under this 

6 section as the Secretaries determine to be appropriate 

7 to protect the interests of the United States. 

8 (7) COMPLETION OF THE EXCHANGE.— 

9 (A) IN GENERAL.—The exchange of Federal 

10 land and non-Federal land shall be completed 

11 not later than 180 days after the later of— 

12 (i) the date on which the requirements 

13 of the National Environmental Policy Act 

14 of 1969 (42 U.S.C. 4321 et seq.) have been 

15 met; 

16 (ii) the date on which the Secretary of 

17 the Interior approves the appraisals under 

18 paragraph (3)(B)(iii); or 

19 (iii) the date on which the Secretaries 

20 and the landowner agree on the costs of the 

21 exchange and any other terms and condi22 tions of the exchange under this subsection. 

23 (B) NOTICE.—The Secretaries shall submit 

24 to the Committee on Energy and Natural Re25 sources of the Senate and the Committee on Re-
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1 sources of the House of Representatives notice of 

2 the completion of the exchange of Federal land 

3 and non-Federal land under this subsection. 

4 (c) ADMINISTRATION.— 

5 (1) IN GENERAL.—The Secretary of the Interior 

6 shall administer the non-Federal land acquired under 

7 this section in accordance with the laws generally ap8 plicable to units of the National Park System, includ9 ing the Act of August 25, 1916 (commonly known as 

10 the ‘‘National Park Service Organic Act’’) (16 U.S.C. 

11 1 et seq.). 

12 (2) MAPS.— 

13 (A) IN GENERAL.—The map shall be on file 

14 and available for public inspection in the appro15 priate offices of the Secretaries. 

16 (B) TRANSMITTAL OF REVISED MAP TO CON17 GRESS.—Not later than 180 days after comple18 tion of the exchange, the Secretaries shall trans19 mit to the Committee on Energy and Natural 

20 Resources of the Senate and the Committee on 

21 Resources of the House of Representatives a re22 vised map that depicts— 

23 (i) the Federal land and non-Federal 

24 land exchanged under this section; and 
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1 (ii) the easement described in sub2 section (b)(2). 

3 SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEY4 ANCE, NEW MEXICO. 

5 (a) DEFINITIONS.—In this section: 

6 (1) CLAIM.—The term ‘‘Claim’’ means a claim of 

7 the Claimants to any right, title, or interest in any 

8 land located in lot 10, sec. 22, T. 18 N., R. 12 E., 

9 New Mexico Principal Meridian, San Miguel County, 

10 New Mexico, except as provided in subsection (b)(1). 

11 (2) CLAIMANTS.—The term ‘‘Claimants’’ means 

12 Ramona Lawson and Boyd Lawson. 

13 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 

14 means a parcel of National Forest System land in the 

15 Santa Fe National Forest, New Mexico, that is— 

16 (A) comprised of approximately 6.20 acres 

17 of land; and 

18 (B) described and delineated in the survey. 

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

20 the Secretary of Agriculture, acting through the For21 est Service Regional Forester, Southwestern Region. 

22 (5) SURVEY.—The term ‘‘survey’’ means the sur23 vey plat entitled ‘‘Boundary Survey and Conservation 

24 Easement Plat’’, prepared by Chris A. Chavez, Land 

25 Surveyor, Forest Service, NMPLS#12793, and re-
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1 corded on February 27, 2007, at book 55, page 93, of 

2 the land records of San Miguel County, New Mexico. 

3 (b) SANTA FE NATIONAL FOREST LAND CONVEY4 ANCE.— 

5 (1) IN GENERAL.—The Secretary shall, except as 

6 provided in subparagraph (A) and subject to valid ex7 isting rights, convey and quitclaim to the Claimants 

8 all right, title, and interest of the United States in 

9 and to the Federal land in exchange for— 

10 (A) the grant by the Claimants to the 

11 United States of a scenic easement to the Federal 

12 land that— 

13 (i) protects the purposes for which the 

14 Federal land was designated under the Wild 

15 and Scenic Rivers Act (16 U.S.C. 1271 et 

16 seq.); and 

17 (ii) is determined to be acceptable by 

18 the Secretary; and 

19 (B) a release of the United States by the 

20 Claimants of— 

21 (i) the Claim; and 

22 (ii) any additional related claims of 

23 the Claimants against the United States. 

24 (2) SURVEY.—The Secretary, with the approval 

25 of the Claimants, may make minor corrections to the 
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1 survey and legal description of the Federal land to 

2 correct clerical, typographical, and surveying errors. 

3 (3) SATISFACTION OF CLAIM.—The conveyance of 

4 Federal land under paragraph (1) shall constitute a 

5 full satisfaction of the Claim. 

6 SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEY7 ANCE. 

8 (a) CONVEYANCE REQUIRED.—The Secretary of Agri9 culture shall convey, without consideration, to the King and 

10 Kittitas Counties Fire District #51 of King and Kittitas 

11 Counties, Washington (in this section referred to as the 

12 ‘‘District’’), all right, title, and interest of the United States 

13 in and to a parcel of National Forest System land in 

14 Kittitas County, Washington, consisting of approximately 

1.5 acres within the SW1⁄4 of the SE1 15 ⁄4 of section 4, town16 ship 22 north, range 11 east, Willamette meridian, for the 

17 purpose of permitting the District to use the parcel as a 

18 site for a new Snoqualmie Pass fire and rescue station. 

19 (b) REVERSIONARY INTEREST.—If the Secretary deter20 mines at any time that the real property conveyed under 

21 subsection (a) is not being used in accordance with the pur22 pose of the conveyance specified in such subsection, all right, 

23 title, and interest in and to the property shall revert, at 

24 the option of the Secretary, to the United States, and the 

25 United States shall have the right of immediate entry onto 
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1 the property. Any determination of the Secretary under this 

2 subsection shall be made on the record after an opportunity 

3 for a hearing. 

4 (c) SURVEY.—If necessary, the exact acreage and legal 

5 description of the lands to be conveyed under subsection (a) 

6 shall be determined by a survey satisfactory to the Sec7 retary. The cost of a survey shall be borne by the District. 

8 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions 

10 in connection with the conveyance under subsection (a) as 

11 the Secretary considers appropriate to protect the interests 

12 of the United States. 

13 SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE 

14 RESTRICTIONS. 

15 Notwithstanding Public Law 90–171 (commonly 

16 known as the ‘‘Sisk Act’’) (16 U.S.C. 484a), the approxi17 mately 36.25 acres patented to the Mammoth County Water 

18 District (now known as the ‘‘Mammoth Community Water 

19 District’’) by Patent No. 04–87–0038, on June 26, 1987, 

20 and recorded in volume 482, at page 516, of the official 

21 records of the Recorder’s Office, Mono County, California, 

22 may be used for any public purpose. 

23 SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL 

24 FOREST, UTAH. 

25 (a) DEFINITIONS.—In this section: 
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1 (1) CITY.—The term ‘‘City’’ means the City of 

2 Bountiful, Utah. 

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

4 means the land under the jurisdiction of the Secretary 

5 identified on the map as ‘‘Shooting Range Special 

6 Use Permit Area’’. 

7 (3) MAP.—The term ‘‘map’’ means the map enti8 tled ‘‘Bountiful City Land Consolidation Act’’ and 

9 dated October 15, 2007. 

10 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed11 eral land’’ means the 3 parcels of City land com12 prising a total of approximately 1,680 acres, as gen13 erally depicted on the map. 

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

15 the Secretary of Agriculture. 

16 (b) EXCHANGE.—Subject to subsections (d) through 

17 (h), if the City conveys to the Secretary all right, title, and 

18 interest of the City in and to the non-Federal land, the Sec19 retary shall convey to the City all right, title, and interest 

20 of the United States in and to the Federal land. 

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

22 and available for public inspection in the appropriate of23 fices of the Forest Service. 

24 (d) VALUATION AND EQUALIZATION.— 
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1 (1) VALUATION.—The value of the Federal land 

2 and the non-Federal land to be conveyed under sub3 section (b)— 

4 (A) shall be equal, as determined by ap5 praisals carried out in accordance with section 

6 206 of the Federal Land Policy and Management 

7 Act of 1976 (43 U.S.C. 1716); or 

8 (B) if not equal, shall be equalized in ac9 cordance with paragraph (2). 

10 (2) EQUALIZATION.—If the value of the Federal 

11 land and the non-Federal land to be conveyed in a 

12 land exchange under this section is not equal, the 

13 value may be equalized by— 

14 (A) making a cash equalization payment to 

15 the Secretary or to the City, as appropriate; or 

16 (B) reducing the acreage of the Federal land 

17 or the non-Federal land to be exchanged, as ap18 propriate. 

19 (e) APPLICABLE LAW.—Section 206 of the Federal 

20 Land Policy and Management Act of 1976 (43 U.S.C. 1716) 

21 shall apply to the land exchange authorized under sub22 section (b), except that the Secretary may accept a cash 

23 equalization payment in excess of 25 percent of the value 

24 of the Federal land. 

25 (f) CONDITIONS.— 
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1 (1) LIABILITY.— 

2 (A) IN GENERAL.—As a condition of the ex3 change under subsection (b), the Secretary 

4 shall— 

5 (i) require that the City— 

6 (I) assume all liability for the 

7 shooting range located on the Federal 

8 land, including the past, present, and 

9 future condition of the Federal land; 

10 and 

11 (II) hold the United States harm12 less for any liability for the condition 

13 of the Federal land; and 

14 (ii) comply with the hazardous sub15 stances disclosure requirements of section 

16 120(h) of the Comprehensive Environmental 

17 Response, Compensation, and Liability Act 

18 of 1980 (42 U.S.C. 9620(h)). 

19 (B) LIMITATION.—Clauses (ii) and (iii) of 

20 section 120(h)(3)(A) of the Comprehensive Envi21 ronmental Response, Compensation, and Liabil22 ity Act (42 U.S.C. 9620(h)(3)(A)) shall not 

23 apply to the conveyance of Federal land under 

24 subsection (b). 
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1 (2) ADDITIONAL TERMS AND CONDITIONS.—The 

2 land exchange under subsection (b) shall be subject 

3 to— 

4 (A) valid existing rights; and 

5 (B) such additional terms and conditions as 

6 the Secretary may require. 

7 (g) MANAGEMENT OF ACQUIRED LAND.—The non-Fed8 eral land acquired by the Secretary under subsection (b) 

9 shall be— 

10 (1) added to, and administered as part of, the 

11 Wasatch-Cache National Forest; and 

12 (2) managed by the Secretary in accordance 

13 with— 

14 (A) the Act of March 1, 1911 (commonly 

15 known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 

16 seq.); and 

17 (B) any laws (including regulations) appli18 cable to the National Forest System. 

19 (h) EASEMENTS; RIGHTS-OF-WAY.— 

20 (1) BONNEVILLE SHORELINE TRAIL EASE21 MENT.—In carrying out the land exchange under sub22 section (b), the Secretary shall ensure that an ease23 ment not less than 60 feet in width is reserved for the 

24 Bonneville Shoreline Trail. 
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1 (2) OTHER RIGHTS-OF-WAY.—The Secretary and 

2 the City may reserve any other rights-of-way for utili3 ties, roads, and trails that— 

4 (A) are mutually agreed to by the Secretary 

5 and the City; and 

6 (B) the Secretary and the City consider to 

7 be in the public interest. 

8 (i) DISPOSAL OF REMAINING FEDERAL LAND.— 

9 (1) IN GENERAL.—The Secretary may, by sale or 

10 exchange, dispose of all, or a portion of, the parcel of 

11 National Forest System land comprising approxi12 mately 220 acres, as generally depicted on the map 

13 that remains after the conveyance of the Federal land 

14 authorized under subsection (b), if the Secretary de15 termines, in accordance with paragraph (2), that the 

16 land or portion of the land is in excess of the needs 

17 of the National Forest System. 

18 (2) REQUIREMENTS.—A determination under 

19 paragraph (1) shall be made— 

20 (A) pursuant to an amendment of the land 

21 and resource management plan for the Wasatch22 Cache National Forest; and 

23 (B) after carrying out a public process con24 sistent with the National Environmental Policy 

25 Act of 1969 (42 U.S.C. 4321 et seq.). 
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1 (3) CONSIDERATION.—As consideration for any 

2 conveyance of Federal land under paragraph (1), the 

3 Secretary shall require payment of an amount equal 

4 to not less than the fair market value of the conveyed 

5 National Forest System land. 

6 (4) RELATION TO OTHER LAWS.—Any convey7 ance of Federal land under paragraph (1) by ex8 change shall be subject to section 206 of the Federal 

9 Land Policy and Management Act of 1976 (43 U.S.C. 

10 1716). 

11 (5) DISPOSITION OF PROCEEDS.—Any amounts 

12 received by the Secretary as consideration under sub13 section (d) or paragraph (3) shall be— 

14 (A) deposited in the fund established under 

15 Public Law 90–171 (commonly known as the 

16 ‘‘Sisk Act’’) (16 U.S.C. 484a); and 

17 (B) available to the Secretary, without fur18 ther appropriation and until expended, for the 

19 acquisition of land or interests in land to be in20 cluded in the Wasatch-Cache National Forest. 

21 (6) ADDITIONAL TERMS AND CONDITIONS.—Any 

22 conveyance of Federal land under paragraph (1) shall 

23 be subject to— 

24 (A) valid existing rights; and 
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1 (B) such additional terms and conditions as 

2 the Secretary may require. 

3 SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH 

4 RIVER OF NO RETURN WILDERNESS. 

5 (a) PURPOSES.—The purposes of this section are— 

6 (1) to adjust the boundaries of the wilderness 

7 area; and 

8 (2) to authorize the Secretary to sell the land 

9 designated for removal from the wilderness area due 

10 to encroachment. 

11 (b) DEFINITIONS.—In this section: 

12 (1) LAND DESIGNATED FOR EXCLUSION.—The 

13 term ‘‘land designated for exclusion’’ means the parcel 

14 of land that is— 

15 (A) comprised of approximately 10.2 acres 

16 of land; 

17 (B) generally depicted on the survey plat 

18 entitled ‘‘Proposed Boundary Change 

19 FCRONRW Sections 15 (unsurveyed) Township 

20 14 North, Range 13 East, B.M., Custer County, 

21 Idaho’’ and dated November 14, 2001; and 

22 (C) more particularly described in the sur23 vey plat and legal description on file in— 

24 (i) the office of the Chief of the Forest 

25 Service, Washington, DC; and 
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1 (ii) the office of the Intermountain Re2 gional Forester, Ogden, Utah. 

3 (2) LAND DESIGNATED FOR INCLUSION.—The 

4 term ‘‘land designated for inclusion’’ means the par5 cel of National Forest System land that is— 

6 (A) comprised of approximately 10.2 acres 

7 of land; 

8 (B) located in unsurveyed section 22, T. 14 

9 N., R. 13 E., Boise Meridian, Custer County, 

10 Idaho; 

11 (C) generally depicted on the map entitled 

12 ‘‘Challis National Forest, T.14 N., R. 13 E., 

13 B.M., Custer County, Idaho, Proposed Boundary 

14 Change FCRONRW’’ and dated September 19, 

15 2007; and 

16 (D) more particularly described on the map 

17 and legal description on file in— 

18 (i) the office of the Chief of the Forest 

19 Service, Washington, DC; and 

20 (ii) the Intermountain Regional For21 ester, Ogden, Utah. 

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

23 the Secretary of Agriculture. 

24 (4) WILDERNESS AREA.—The term ‘‘wilderness 

25 area’’ means the Frank Church River of No Return 
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1 Wilderness designated by section 3 of the Central 

2 Idaho Wilderness Act of 1980 (16 U.S.C. 1132 note; 

3 94 Stat. 948). 

4 (c) BOUNDARY ADJUSTMENT.— 

5 (1) ADJUSTMENT TO WILDERNESS AREA.— 

6 (A) INCLUSION.—The wilderness area shall 

7 include the land designated for inclusion. 

8 (B) EXCLUSION.—The wilderness area shall 

9 not include the land designated for exclusion. 

10 (2) CORRECTIONS TO LEGAL DESCRIPTIONS.— 

11 The Secretary may make corrections to the legal de12 scriptions. 

13 (d) CONVEYANCE OF LAND DESIGNATED FOR EXCLU14 SION.— 

15 (1) IN GENERAL.—Subject to paragraph (2), to 

16 resolve the encroachment on the land designated for 

17 exclusion, the Secretary may sell for consideration in 

18 an amount equal to fair market value— 

19 (A) the land designated for exclusion; and 

20 (B) as the Secretary determines to be nec21 essary, not more than 10 acres of land adjacent 

22 to the land designated for exclusion. 

23 (2) CONDITIONS.—The sale of land under para24 graph (1) shall be subject to the conditions that— 
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1 (A) the land to be conveyed be appraised in 

2 accordance with the Uniform Appraisal Stand3 ards for Federal Land Acquisitions; 

4 (B) the person buying the land shall pay— 

5 (i) the costs associated with appraising 

6 and, if the land needs to be resurveyed, re7 surveying the land; and 

8 (ii) any analyses and closing costs as9 sociated with the conveyance; 

10 (C) for management purposes, the Secretary 

11 may reconfigure the description of the land for 

12 sale; and 

13 (D) the owner of the adjacent private land 

14 shall have the first opportunity to buy the land. 

15 (3) DISPOSITION OF PROCEEDS.— 

16 (A) IN GENERAL.—The Secretary shall de17 posit the cash proceeds from a sale of land under 

18 paragraph (1) in the fund established under 

19 Public Law 90–171 (commonly known as the 

20 ‘‘Sisk Act’’) (16 U.S.C. 484a). 

21 (B) AVAILABILITY AND USE.—Amounts de22 posited under subparagraph (A)— 

23 (i) shall remain available until ex24 pended for the acquisition of land for Na-
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1 tional Forest purposes in the State of Idaho; 

2 and 

3 (ii) shall not be subject to transfer or 

4 reprogramming for— 

5 (I) wildland fire management; or 

6 (II) any other emergency pur7 poses. 

8 SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL 

9 AMENDMENT. 

10 Section 413(b) of the T’uf Shur Bien Preservation 

11 Trust Area Act (16 U.S.C. 539m–11) is amended— 

12 (1) in paragraph (1), by inserting ‘‘3,’’ after 

13 ‘‘sections’’; and 

14 (2) in the first sentence of paragraph (4), by in15 serting ‘‘, as a condition of the conveyance,’’ before 

16 ‘‘remain’’. 

17 Subtitle E—Colorado Northern 

18 Front Range Study 

19 SEC. 3401. PURPOSE. 

20 The purpose of this subtitle is to identify options that 

21 may be available to assist in maintaining the open space 

22 characteristics of land that is part of the mountain back23 drop of communities in the northern section of the Front 

24 Range area of Colorado. 
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1 SEC. 3402. DEFINITIONS. 

2 In this subtitle: 

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

4 the Secretary of Agriculture, acting through the Chief 

5 of the Forest Service. 

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

7 of Colorado. 

8 (3) STUDY AREA.— 

9 (A) IN GENERAL.—The term ‘‘study area’’ 

10 means the land in southern Boulder, northern 

11 Jefferson, and northern Gilpin Counties, Colo12 rado, that is located west of Colorado State 

13 Highway 93, south and east of Colorado State 

14 Highway 119, and north of Colorado State 

15 Highway 46, as generally depicted on the map 

16 entitled ‘‘Colorado Northern Front Range Moun17 tain Backdrop Protection Study Act: Study 

18 Area’’ and dated August 27, 2008. 

19 (B) EXCLUSIONS.—The term ‘‘study area’’ 

20 does not include land within the city limits of 

21 the cities of Arvada, Boulder, or Golden, Colo22 rado. 

23 (4) UNDEVELOPED LAND.—The term ‘‘undevel24 oped land’’ means land— 

25 (A) that is located within the study area; 
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1 (B) that is free or primarily free of struc2 tures; and 

3 (C) the development of which is likely to af4 fect adversely the scenic, wildlife, or recreational 

5 value of the study area. 

6 SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUN7 TAIN BACKDROP STUDY. 

8 (a) STUDY; REPORT.—Not later than 1 year after the 

9 date of enactment of this Act and except as provided in 

10 subsection (c), the Secretary shall— 

11 (1) conduct a study of the land within the study 

12 area; and 

13 (2) complete a report that— 

14 (A) identifies the present ownership of the 

15 land within the study area; 

16 (B) identifies any undeveloped land that 

17 may be at risk of development; and 

18 (C) describes any actions that could be 

19 taken by the United States, the State, a political 

20 subdivision of the State, or any other parties to 

21 preserve the open and undeveloped character of 

22 the land within the study area. 

23 (b) REQUIREMENTS.—The Secretary shall conduct the 

24 study and develop the report under subsection (a) with the 
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1 support and participation of 1 or more of the following 

2 State and local entities: 

3 (1) The Colorado Department of Natural Re4 sources. 

5 (2) Colorado State Forest Service. 

6 (3) Colorado State Conservation Board. 

7 (4) Great Outdoors Colorado. 

8 (5) Boulder, Jefferson, and Gilpin Counties, Col9 orado. 

10 (c) LIMITATION.—If the State and local entities speci11 fied in subsection (b) do not support and participate in 

12 the conduct of the study and the development of the report 

13 under this section, the Secretary may— 

14 (1) decrease the area covered by the study area, 

15 as appropriate; or 

16 (2)(A) opt not to conduct the study or develop 

17 the report; and 

18 (B) submit to the Committee on Energy and 

19 Natural Resources of the Senate and the Committee 

20 on Natural Resources of the House of Representatives 

21 notice of the decision not to conduct the study or de22 velop the report. 

23 (d) EFFECT.—Nothing in this subtitle authorizes the 

24 Secretary to take any action that would affect the use of 

25 any land not owned by the United States. 
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1 TITLE IV—FOREST LANDSCAPE 

2 RESTORATION 

3 SEC. 4001. PURPOSE. 

4 The purpose of this title is to encourage the collabo5 rative, science-based ecosystem restoration of priority forest 

6 landscapes through a process that— 

7 (1) encourages ecological, economic, and social 

8 sustainability; 

9 (2) leverages local resources with national and 

10 private resources; 

11 (3) facilitates the reduction of wildfire manage12 ment costs, including through reestablishing natural 

13 fire regimes and reducing the risk of uncharacteristic 

14 wildfire; and 

15 (4) demonstrates the degree to which— 

16 (A) various ecological restoration tech17 niques— 

18 (i) achieve ecological and watershed 

19 health objectives; and 

20 (ii) affect wildfire activity and man21 agement costs; and 

22 (B) the use of forest restoration byproducts 

23 can offset treatment costs while benefitting local 

24 rural economies and improving forest health. 
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1 SEC. 4002. DEFINITIONS. 

2 In this title: 

3 (1) FUND.—The term ‘‘Fund’’ means the Col4 laborative Forest Landscape Restoration Fund estab5 lished by section 4003(f). 

6 (2) PROGRAM.—The term ‘‘program’’ means the 

7 Collaborative Forest Landscape Restoration Program 

8 established under section 4003(a). 

9 (3) PROPOSAL.—The term ‘‘proposal’’ means a 

10 collaborative forest landscape restoration proposal de11 scribed in section 4003(b). 

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

13 the Secretary of Agriculture, acting through the Chief 

14 of the Forest Service. 

15 (5) STRATEGY.—The term ‘‘strategy’’ means a 

16 landscape restoration strategy described in section 

17 4003(b)(1). 

18 SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORA19 TION PROGRAM. 

20 (a) IN GENERAL.—The Secretary, in consultation with 

21 the Secretary of the Interior, shall establish a Collaborative 

22 Forest Landscape Restoration Program to select and fund 

23 ecological restoration treatments for priority forest land24 scapes in accordance with— 

25 (1) the Endangered Species Act of 1973 (16 

26 U.S.C. 1531 et seq.); 
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1 (2) the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.); and 

3 (3) any other applicable law. 

4 (b) ELIGIBILITY CRITERIA.—To be eligible for nomi5 nation under subsection (c), a collaborative forest landscape 

6 restoration proposal shall— 

7 (1) be based on a landscape restoration strategy 

8 that— 

9 (A) is complete or substantially complete; 

10 (B) identifies and prioritizes ecological res11 toration treatments for a 10-year period within 

12 a landscape that is— 

13 (i) at least 50,000 acres; 

14 (ii) comprised primarily of forested 

15 National Forest System land, but may also 

16 include land under the jurisdiction of the 

17 Bureau of Land Management, land under 

18 the jurisdiction of the Bureau of Indian Af19 fairs, or other Federal, State, tribal, or pri20 vate land; 

21 (iii) in need of active ecosystem res22 toration; and 

23 (iv) accessible by existing or proposed 

24 wood-processing infrastructure at an appro25 priate scale to use woody biomass and 
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1 small-diameter wood removed in ecological 

2 restoration treatments; 

3 (C) incorporates the best available science 

4 and scientific application tools in ecological res5 toration strategies; 

6 (D) fully maintains, or contributes toward 

7 the restoration of, the structure and composition 

8 of old growth stands according to the pre-fire 

9 suppression old growth conditions characteristic 

10 of the forest type, taking into account the con11 tribution of the stand to landscape fire adapta12 tion and watershed health and retaining the 

13 large trees contributing to old growth structure; 

14 (E) would carry out any forest restoration 

15 treatments that reduce hazardous fuels by— 

16 (i) focusing on small diameter trees, 

17 thinning, strategic fuel breaks, and fire use 

18 to modify fire behavior, as measured by the 

19 projected reduction of uncharacteristically 

20 severe wildfire effects for the forest type 

21 (such as adverse soil impacts, tree mortality 

22 or other impacts); and 

23 (ii) maximizing the retention of large 

24 trees, as appropriate for the forest type, to 
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1 the extent that the trees promote fire-resil2 ient stands; and 

3 (F)(i) does not include the establishment of 

4 permanent roads; and 

5 (ii) would commit funding to decommission 

6 all temporary roads constructed to carry out the 

7 strategy; 

8 (2) be developed and implemented through a col9 laborative process that— 

10 (A) includes multiple interested persons rep11 resenting diverse interests; and 

12 (B)(i) is transparent and nonexclusive; or 

13 (ii) meets the requirements for a resource 

14 advisory committee under subsections (c) through 

15 (f) of section 205 of Public Law 106–393 (16 

16 U.S.C. 500 note); 

17 (3) describe plans to— 

18 (A) reduce the risk of uncharacteristic wild19 fire, including through the use of fire for ecologi20 cal restoration and maintenance and reestab21 lishing natural fire regimes, where appropriate; 

22 (B) improve fish and wildlife habitat, in23 cluding for endangered, threatened, and sensitive 

24 species; 
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1 (C) maintain or improve water quality and 

2 watershed function; 

3 (D) prevent, remediate, or control invasions 

4 of exotic species; 

5 (E) maintain, decommission, and rehabili6 tate roads and trails; 

7 (F) use woody biomass and small-diameter 

8 trees produced from projects implementing the 

9 strategy; 

10 (G) report annually on performance, in11 cluding through performance measures from the 

12 plan entitled the ‘‘10 Year Comprehensive Strat13 egy Implementation Plan’’ and dated December 

14 2006; and 

15 (H) take into account any applicable com16 munity wildfire protection plan; 

17 (4) analyze any anticipated cost savings, includ18 ing those resulting from— 

19 (A) reduced wildfire management costs; and 

20 (B) a decrease in the unit costs of imple21 menting ecological restoration treatments over 

22 time; 

23 (5) estimate— 

24 (A) the annual Federal funding necessary to 

25 implement the proposal; and 
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1 (B) the amount of new non-Federal invest2 ment for carrying out the proposal that would be 

3 leveraged; 

4 (6) describe the collaborative process through 

5 which the proposal was developed, including a de6 scription of— 

7 (A) participation by or consultation with 

8 State, local, and Tribal governments; and 

9 (B) any established record of successful col10 laborative planning and implementation of eco11 logical restoration projects on National Forest 

12 System land and other land included in the pro13 posal by the collaborators; and 

14 (7) benefit local economies by providing local 

15 employment or training opportunities through con16 tracts, grants, or agreements for restoration planning, 

17 design, implementation, or monitoring with— 

18 (A) local private, nonprofit, or cooperative 

19 entities; 

20 (B) Youth Conservation Corps crews or re21 lated partnerships, with State, local, and non22 profit youth groups; 

23 (C) existing or proposed small or micro24 businesses, clusters, or incubators; or 
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1 (D) other entities that will hire or train 

2 local people to complete such contracts, grants, or 

3 agreements; and 

4 (8) be subject to any other requirements that the 

5 Secretary, in consultation with the Secretary of the 

6 Interior, determines to be necessary for the efficient 

7 and effective administration of the program. 

8 (c) NOMINATION PROCESS.— 

9 (1) SUBMISSION.—A proposal shall be submitted 

10 to— 

11 (A) the appropriate Regional Forester; and 

12 (B) if actions under the jurisdiction of the 

13 Secretary of the Interior are proposed, the ap14 propriate— 

15 (i) State Director of the Bureau of 

16 Land Management; 

17 (ii) Regional Director of the Bureau of 

18 Indian Affairs; or 

19 (iii) other official of the Department of 

20 the Interior. 

21 (2) NOMINATION.— 

22 (A) IN GENERAL.—A Regional Forester 

23 may nominate for selection by the Secretary any 

24 proposals that meet the eligibility criteria estab25 lished by subsection (b). 
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1 (B) CONCURRENCE.—Any proposal nomi2 nated by the Regional Forester that proposes ac3 tions under the jurisdiction of the Secretary of 

4 the Interior shall include the concurrence of the 

5 appropriate— 

6 (i) State Director of the Bureau of 

7 Land Management; 

8 (ii) Regional Director of the Bureau of 

9 Indian Affairs; or 

10 (iii) other official of the Department of 

11 the Interior. 

12 (3) DOCUMENTATION.—With respect to each pro13 posal that is nominated under paragraph (2)— 

14 (A) the appropriate Regional Forester 

15 shall— 

16 (i) include a plan to use Federal funds 

17 allocated to the region to fund those costs of 

18 planning and carrying out ecological res19 toration treatments on National Forest Sys20 tem land, consistent with the strategy, that 

21 would not be covered by amounts trans22 ferred to the Secretary from the Fund; and 

23 (ii) provide evidence that amounts pro24 posed to be transferred to the Secretary 

25 from the Fund during the first 2 fiscal 
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1 years following selection would be used to 

2 carry out ecological restoration treatments 

3 consistent with the strategy during the same 

4 fiscal year in which the funds are trans5 ferred to the Secretary; 

6 (B) if actions under the jurisdiction of the 

7 Secretary of the Interior are proposed, the nomi8 nation shall include a plan to fund such actions, 

9 consistent with the strategy, by the appro10 priate— 

11 (i) State Director of the Bureau of 

12 Land Management; 

13 (ii) Regional Director of the Bureau of 

14 Indian Affairs; or 

15 (iii) other official of the Department of 

16 the Interior; and 

17 (C) if actions on land not under the juris18 diction of the Secretary or the Secretary of the 

19 Interior are proposed, the appropriate Regional 

20 Forester shall provide evidence that the land21 owner intends to participate in, and provide ap22 propriate funding to carry out, the actions. 

23 (d) SELECTION PROCESS.— 

24 (1) IN GENERAL.—After consulting with the ad25 visory panel established under subsection (e), the Sec-
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1 retary, in consultation with the Secretary of the Inte2 rior, shall, subject to paragraph (2), select the best 

3 proposals that— 

4 (A) have been nominated under subsection 

5 (c)(2); and 

6 (B) meet the eligibility criteria established 

7 by subsection (b). 

8 (2) CRITERIA.—In selecting proposals under 

9 paragraph (1), the Secretary shall give special consid10 eration to— 

11 (A) the strength of the proposal and strat12 egy; 

13 (B) the strength of the ecological case of the 

14 proposal and the proposed ecological restoration 

15 strategies; 

16 (C) the strength of the collaborative process 

17 and the likelihood of successful collaboration 

18 throughout implementation; 

19 (D) whether the proposal is likely to achieve 

20 reductions in long-term wildfire management 

21 costs; 

22 (E) whether the proposal would reduce the 

23 relative costs of carrying out ecological restora24 tion treatments as a result of the use of woody 

25 biomass and small-diameter trees; and 
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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 ad24 visory panel. 
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1 (3) INCLUSION.—The advisory panel shall in2 clude experts in ecological restoration, fire ecology, 

3 fire management, rural economic development, strate4 gies for ecological adaptation to climate change, fish 

5 and wildlife ecology, and woody biomass and small6 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 known 

11 as the ‘‘Collaborative Forest Landscape Restoration 

12 Fund’’, to be used to pay up to 50 percent of the cost 

13 of carrying out and monitoring ecological restoration 

14 treatments on National Forest System land for each 

15 proposal selected to be carried out under subsection 

16 (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 ap20 propriate, include cancellation and termination costs 

21 required to be obligated for contracts to carry out eco22 logical restoration treatments on National Forest Sys23 tem land for each proposal selected to be carried out 

24 under subsection (d). 
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1 (3) CONTENTS.—The Fund shall consist of such 

2 amounts as are appropriated to the Fund under 

3 paragraph (6). 

4 (4) EXPENDITURES FROM FUND.— 

5 (A) IN GENERAL.—On request by the Sec6 retary, the Secretary of the Treasury shall trans7 fer from the Fund to the Secretary such amounts 

8 as the Secretary determines are appropriate, in 

9 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.—The 

18 Secretary shall establish an accounting and reporting 

19 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 MONITORING.— 
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1 (1) WORK PLAN.—Not later than 180 days after 

2 the date on which a proposal is selected to be carried 

3 out, the Secretary shall create, in collaboration with 

4 the interested persons, an implementation work plan 

5 and budget to implement the proposal that includes— 

6 (A) a description of the manner in which 

7 the proposal would be implemented to achieve ec8 ological and community economic benefit, in9 cluding capacity building to accomplish restora10 tion; 

11 (B) a business plan that addresses— 

12 (i) the anticipated unit treatment cost 

13 reductions over 10 years; 

14 (ii) the anticipated costs for infrastruc15 ture needed for the proposal; 

16 (iii) the projected sustainability of the 

17 supply of woody biomass and small-diame18 ter trees removed in ecological restoration 

19 treatments; and 

20 (iv) the projected local economic bene21 fits of the proposal; 

22 (C) documentation of the non-Federal in23 vestment in the priority landscape, including the 

24 sources and uses of the investments; and 
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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 collabo12 ration with the Secretary of the Interior and inter13 ested persons, shall prepare an annual report on the 

14 accomplishments of each selected proposal that in15 cludes— 

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; 
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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 eco13 nomic effects of projects implementing a selected pro14 posal for not less than 15 years after project imple15 mentation 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 every 

19 5 years thereafter, the Secretary, in consultation with the 

20 Secretary of the Interior, shall submit a report on the pro21 gram, including an assessment of whether, and to what ex22 tent, the program is fulfilling the purposes of this title, to— 

23 (1) the Committee on Energy and Natural Re24 sources of the Senate; 
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1 (2) the Committee on Appropriations of the Sen2 ate; 

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 confluence 

21 of Sand Rock and Calf Pen Canyons to the confluence 

22 with the Verde River, to be administered by the Sec23 retary of Agriculture in the following classes: 

24 ‘‘(A) The approximately 2.7-mile segment 

25 from the confluence of Sand Rock and Calf Pen 
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1 Canyons to the point where the segment exits the 

2 Fossil Spring Wilderness, as a wild river. 

3 ‘‘(B) The approximately 7.5-mile segment 

4 from where the segment exits the Fossil Creek 

5 Wilderness to the boundary of the Mazatzal Wil6 derness, as a recreational river. 

7 ‘‘(C) The 6.6-mile segment from the bound8 ary of the Mazatzal Wilderness downstream to 

9 the confluence with the Verde River, as a wild 

10 river.’’. 

11 SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Craig Thomas Snake Headwaters Legacy Act of 2008’’. 

14 (b) FINDINGS; PURPOSES.— 

15 (1) FINDINGS.—Congress finds that— 

16 (A) the headwaters of the Snake River Sys17 tem in northwest Wyoming feature some of the 

18 cleanest sources of freshwater, healthiest native 

19 trout fisheries, and most intact rivers and 

20 streams in the lower 48 States; 

21 (B) the rivers and streams of the headwaters 

22 of the Snake River System— 

23 (i) provide unparalleled fishing, hunt24 ing, boating, and other recreational activi25 ties for— 
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1 (I) local residents; and 

2 (II) millions of visitors from 

3 around the world; and 

4 (ii) are national treasures; 

5 (C) each year, recreational activities on the 

6 rivers and streams of the headwaters of the 

7 Snake River System generate millions of dollars 

8 for the economies of— 

9 (i) Teton County, Wyoming; and 

10 (ii) Lincoln County, Wyoming; 

11 (D) to ensure that future generations of citi12 zens of the United States enjoy the benefits of the 

13 rivers and streams of the headwaters of the 

14 Snake River System, Congress should apply the 

15 protections provided by the Wild and Scenic 

16 Rivers Act (16 U.S.C. 1271 et seq.) to those riv17 ers and streams; and 

18 (E) the designation of the rivers and 

19 streams of the headwaters of the Snake River 

20 System under the Wild and Scenic Rivers Act 

21 (16 U.S.C. 1271 et seq.) will signify to the citi22 zens of the United States the importance of 

23 maintaining the outstanding and remarkable 

24 qualities of the Snake River System while— 
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1 (i) preserving public access to those 

2 rivers and streams; 

3 (ii) respecting private property rights 

4 (including existing water rights); and 

5 (iii) continuing to allow historic uses 

6 of the rivers and streams. 

7 (2) PURPOSES.—The purposes of this section 

8 are— 

9 (A) to protect for current and future genera10 tions of citizens of the United States the out11 standingly remarkable scenic, natural, wildlife, 

12 fishery, recreational, scientific, historic, and eco13 logical values of the rivers and streams of the 

14 headwaters of the Snake River System, while 

15 continuing to deliver water and operate and 

16 maintain valuable irrigation water infrastruc17 ture; and 

18 (B) to designate approximately 387.7 miles 

19 of the rivers and streams of the headwaters of the 

20 Snake River System as additions to the National 

21 Wild and Scenic Rivers System. 

22 (c) DEFINITIONS.—In this section: 

23 (1) SECRETARY CONCERNED.—The term ‘‘Sec24 retary concerned’’ means— 
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1 (A) the Secretary of Agriculture (acting 

2 through the Chief of the Forest Service), with re3 spect to each river segment described in para4 graph (205) of section 3(a) of the Wild and Sce5 nic Rivers Act (16 U.S.C. 1274(a)) (as added by 

6 subsection (d)) that is not located in— 

7 (i) Grand Teton National Park; 

8 (ii) Yellowstone National Park; 

9 (iii) the John D. Rockefeller, Jr. Me10 morial Parkway; or 

11 (iv) the National Elk Refuge; and 

12 (B) the Secretary of the Interior, with re13 spect to each river segment described in para14 graph (205) of section 3(a) of the Wild and Sce15 nic Rivers Act (16 U.S.C. 1274(a)) (as added by 

16 subsection (d)) that is located in— 

17 (i) Grand Teton National Park; 

18 (ii) Yellowstone National Park; 

19 (iii) the John D. Rockefeller, Jr. Me20 morial Parkway; or 

21 (iv) the National Elk Refuge. 

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

23 of Wyoming. 

24 (d) WILD AND SCENIC RIVER DESIGNATIONS, SNAKE

25 RIVER HEADWATERS, WYOMING.—Section 3(a) of the Wild 
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1 and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended 

2 by section 5001) is amended by adding at the end the fol3 lowing: 

4 ‘‘(206) SNAKE RIVER HEADWATERS, WYOMING.— 

5 The following segments of the Snake River System, in 

6 the State of Wyoming: 

7 ‘‘(A) BAILEY CREEK.—The 7-mile segment 

8 of Bailey Creek, from the divide with the Little 

9 Greys River north to its confluence with the 

10 Snake River, as a wild river. 

11 ‘‘(B) BLACKROCK CREEK.—The 22-mile seg12 ment from its source to the Bridger-Teton Na13 tional Forest boundary, as a scenic river. 

14 ‘‘(C) BUFFALO FORK OF THE SNAKE

15 RIVER.—The portions of the Buffalo Fork of the 

16 Snake River, consisting of— 

17 ‘‘(i) the 55-mile segment consisting of 

18 the North Fork, the Soda Fork, and the 

19 South Fork, upstream from Turpin Mead20 ows, as a wild river; 

21 ‘‘(ii) the 14-mile segment from Turpin 

22 Meadows to the upstream boundary of 

23 Grand Teton National Park, as a scenic 

24 river; and 
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1 ‘‘(iii) the 7.7-mile segment from the 

2 upstream boundary of Grand Teton Na3 tional Park to its confluence with the Snake 

4 River, as a scenic river. 

5 ‘‘(D) CRYSTAL CREEK.—The portions of 

6 Crystal Creek, consisting of— 

7 ‘‘(i) the 14-mile segment from its 

8 source to the Gros Ventre Wilderness bound9 ary, as a wild river; and 

10 ‘‘(ii) the 5-mile segment from the Gros 

11 Ventre Wilderness boundary to its con12 fluence with the Gros Ventre River, as a sce13 nic river. 

14 ‘‘(E) GRANITE CREEK.—The portions of 

15 Granite Creek, consisting of— 

16 ‘‘(i) the 12-mile segment from its 

17 source to the end of Granite Creek Road, as 

18 a wild river; and 

19 ‘‘(ii) the 9.5-mile segment from Gran20 ite Hot Springs to the point 1 mile up21 stream from its confluence with the Hoback 

22 River, as a scenic river. 

23 ‘‘(F) GROS VENTRE RIVER.—The portions of 

24 the Gros Ventre River, consisting of— 
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1 ‘‘(i) the 16.5-mile segment from its 

2 source to Darwin Ranch, as a wild river; 

3 ‘‘(ii) the 39-mile segment from Darwin 

4 Ranch to the upstream boundary of Grand 

5 Teton National Park, excluding the section 

6 along Lower Slide Lake, as a scenic river; 

7 and 

8 ‘‘(iii) the 3.3-mile segment flowing 

9 across the southern boundary of Grand 

10 Teton National Park to the Highlands 

11 Drive Loop Bridge, as a scenic river. 

12 ‘‘(G) HOBACK RIVER.—The 10-mile segment 

13 from the point 10 miles upstream from its con14 fluence with the Snake River to its confluence 

15 with the Snake River, as a recreational river. 

16 ‘‘(H) LEWIS RIVER.—The portions of the 

17 Lewis River, consisting of— 

18 ‘‘(i) the 5-mile segment from Shoshone 

19 Lake to Lewis Lake, as a wild river; and 

20 ‘‘(ii) the 12-mile segment from the out21 let of Lewis Lake to its confluence with the 

22 Snake River, as a scenic river. 

23 ‘‘(I) PACIFIC CREEK.—The portions of Pa24 cific Creek, consisting of— 
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1 ‘‘(i) the 22.5-mile segment from its 

2 source to the Teton Wilderness boundary, as 

3 a wild river; and 

4 ‘‘(ii) the 11-mile segment from the Wil5 derness boundary to its confluence with the 

6 Snake River, as a scenic river. 

7 ‘‘(J) SHOAL CREEK.—The 8-mile segment 

8 from its source to the point 8 miles downstream 

9 from its source, as a wild river. 

10 ‘‘(K) SNAKE RIVER.—The portions of the 

11 Snake River, consisting of— 

12 ‘‘(i) the 47-mile segment from its 

13 source to Jackson Lake, as a wild river; 

14 ‘‘(ii) the 24.8-mile segment from 1 mile 

15 downstream of Jackson Lake Dam to 1 mile 

16 downstream of the Teton Park Road bridge 

17 at Moose, Wyoming, as a scenic river; and 

18 ‘‘(iii) the 19-mile segment from the 

19 mouth of the Hoback River to the point 1 

20 mile upstream from the Highway 89 bridge 

21 at Alpine Junction, as a recreational river, 

22 the boundary of the western edge of the cor23 ridor for the portion of the segment extend24 ing from the point 3.3 miles downstream of 

25 the mouth of the Hoback River to the point 
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1 4 miles downstream of the mouth of the 

2 Hoback River being the ordinary high water 

3 mark. 

4 ‘‘(L) WILLOW CREEK.—The 16.2-mile seg5 ment from the point 16.2 miles upstream from 

6 its confluence with the Hoback River to its con7 fluence with the Hoback River, as a wild river. 

8 ‘‘(M) WOLF CREEK.—The 7-mile segment 

9 from its source to its confluence with the Snake 

10 River, as a wild river.’’. 

11 (e) MANAGEMENT.— 

12 (1) IN GENERAL.—Each river segment described 

13 in paragraph (205) of section 3(a) of the Wild and 

14 Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by 

15 subsection (d)) shall be managed by the Secretary 

16 concerned. 

17 (2) MANAGEMENT PLAN.— 

18 (A) IN GENERAL.—In accordance with sub19 paragraph (A), not later than 3 years after the 

20 date of enactment of this Act, the Secretary con21 cerned shall develop a management plan for each 

22 river segment described in paragraph (205) of 

23 section 3(a) of the Wild and Scenic Rivers Act 

24 (16 U.S.C. 1274(a)) (as added by subsection (d)) 
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1 that is located in an area under the jurisdiction 

2 of the Secretary concerned. 

3 (B) REQUIRED COMPONENT.—Each man4 agement plan developed by the Secretary con5 cerned under subparagraph (A) shall contain, 

6 with respect to the river segment that is the sub7 ject of the plan, a section that contains an anal8 ysis and description of the availability and com9 patibility of future development with the wild 

10 and scenic character of the river segment (with 

11 particular emphasis on each river segment that 

12 contains 1 or more parcels of private land). 

13 (3) QUANTIFICATION OF WATER RIGHTS RE14 SERVED BY RIVER SEGMENTS.— 

15 (A) The Secretary concerned shall apply for 

16 the quantification of the water rights reserved by 

17 each river segment designated by this section in 

18 accordance with the procedural requirements of 

19 the laws of the State of Wyoming. 

20 (B) For the purpose of the quantification of 

21 water rights under this subsection, with respect 

22 to each Wild and Scenic River segment des23 ignated by this section— 
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1 (i) the purposes for which the segments 

2 are designated, as set forth in this section, 

3 are declared to be beneficial uses; and 

4 (ii) the priority date of such right shall 

5 be the date of enactment of this Act. 

6 (4) STREAM GAUGES.—Consistent with the Wild 

7 and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the 

8 Secretary may carry out activities at United States 

9 Geological Survey stream gauges that are located on 

10 the Snake River (including tributaries of the Snake 

11 River), including flow measurements and operation, 

12 maintenance, and replacement. 

13 (5) CONSENT OF PROPERTY OWNER.—No prop14 erty or interest in property located within the bound15 aries of any river segment described in paragraph 

16 (205) of section 3(a) of the Wild and Scenic Rivers 

17 Act (16 U.S.C. 1274(a)) (as added by subsection (d)) 

18 may be acquired by the Secretary without the consent 

19 of the owner of the property or interest in property. 

20 (6) EFFECT OF DESIGNATIONS.— 

21 (A) IN GENERAL.—Nothing in this section 

22 affects valid existing rights, including— 

23 (i) all interstate water compacts in ex24 istence on the date of enactment of this Act 

25 (including full development of any appor-
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1 tionment made in accordance with the com2 pacts); 

3 (ii) water rights in the States of Idaho 

4 and Wyoming; and 

5 (iii) water rights held by the United 

6 States. 

7 (B) JACKSON LAKE; JACKSON LAKE DAM.— 

8 Nothing in this section shall affect the manage9 ment and operation of Jackson Lake or Jackson 

10 Lake Dam, including the storage, management, 

11 and release of water. 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

13 authorized to be appropriated such sums as are necessary 

14 to carry out this section. 

15 SEC. 5003. TAUNTON RIVER, MASSACHUSETTS. 

16 (a) DESIGNATION.—Section 3(a) of the Wild and Sce17 nic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 

18 5002(d)) is amended by adding at the end the following: 

19 ‘‘(207) TAUNTON RIVER, MASSACHUSETTS.—The 

20 main stem of the Taunton River from its headwaters 

21 at the confluence of the Town and Matfield Rivers in 

22 the Town of Bridgewater downstream 40 miles to the 

23 confluence with the Quequechan River at the Route 

24 195 Bridge in the City of Fall River, to be adminis25 tered by the Secretary of the Interior in cooperation 
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1 with the Taunton River Stewardship Council as fol2 lows: 

3 ‘‘(A) The 18-mile segment from the con4 fluence of the Town and Matfield Rivers to Route 

5 24 in the Town of Raynham, as a scenic river. 

6 ‘‘(B) The 5-mile segment from Route 24 to 

7 0.5 miles below Weir Bridge in the City of Taun8 ton, as a recreational river. 

9 ‘‘(C) The 8-mile segment from 0.5 miles 

10 below Weir Bridge to Muddy Cove in the Town 

11 of Dighton, as a scenic river. 

12 ‘‘(D) The 9-mile segment from Muddy Cove 

13 to the confluence with the Quequechan River at 

14 the Route 195 Bridge in the City of Fall River, 

15 as a recreational river.’’. 

16 (b) MANAGEMENT OF TAUNTON RIVER, MASSACHU17 SETTS.— 

18 (1) TAUNTON RIVER STEWARDSHIP PLAN.— 

19 (A) IN GENERAL.—Each river segment des20 ignated by section 3(a)(206) of the Wild and 

21 Scenic Rivers Act (as added by subsection (a)) 

22 shall be managed in accordance with the Taun23 ton River Stewardship Plan, dated July 2005 

24 (including any amendment to the Taunton River 

25 Stewardship Plan that the Secretary of the Inte-
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1 rior (referred to in this subsection as the ‘‘Sec2 retary’’) determines to be consistent with this 

3 section). 

4 (B) EFFECT.—The Taunton River Steward5 ship Plan described in subparagraph (A) shall be 

6 considered to satisfy each requirement relating to 

7 the comprehensive management plan required 

8 under section 3(d) of the Wild and Scenic Rivers 

9 Act (16 U.S.C. 1274(d)). 

10 (2) COOPERATIVE AGREEMENTS.—To provide for 

11 the long-term protection, preservation, and enhance12 ment of each river segment designated by section 

13 3(a)(206) of the Wild and Scenic Rivers Act (as 

14 added by subsection (a)), pursuant to sections 10(e) 

15 and 11(b)(1) of the Wild and Scenic Rivers Act (16 

16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may 

17 enter into cooperative agreements (which may include 

18 provisions for financial and other assistance) with— 

19 (A) the Commonwealth of Massachusetts 

20 (including political subdivisions of the Common21 wealth of Massachusetts); 

22 (B) the Taunton River Stewardship Coun23 cil; and 

24 (C) any appropriate nonprofit organiza25 tion, as determined by the Secretary. 
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1 (3) RELATION TO NATIONAL PARK SYSTEM.— 

2 Notwithstanding section 10(c) of the Wild and Scenic 

3 Rivers Act (16 U.S.C. 1281(c)), each river segment 

4 designated by section 3(a)(206) of the Wild and Sce5 nic Rivers Act (as added by subsection (a)) shall not 

6 be— 

7 (A) administered as a unit of the National 

8 Park System; or 

9 (B) subject to the laws (including regula10 tions) that govern the administration of the Na11 tional Park System. 

12 (4) LAND MANAGEMENT.— 

13 (A) ZONING ORDINANCES.—The zoning or14 dinances adopted by the Towns of Bridgewater, 

15 Halifax, Middleborough, Raynham, Berkley, 

16 Dighton, Freetown, and Somerset, and the Cities 

17 of Taunton and Fall River, Massachusetts (in18 cluding any provision of the zoning ordinances 

19 relating to the conservation of floodplains, wet20 lands, and watercourses associated with any 

21 river segment designated by section 3(a)(206) of 

22 the Wild and Scenic Rivers Act (as added by 

23 subsection (a))), shall be considered to satisfy 

24 each standard and requirement described in sec-
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1 tion 6(c) of the Wild and Scenic Rivers Act (16 

2 U.S.C. 1277(c)). 

3 (B) VILLAGES.—For the purpose of section 

4 6(c) of the Wild and Scenic Rivers Act (16 

5 U.S.C. 1277(c)), each town described in subpara6 graph (A) shall be considered to be a village. 

7 (C) ACQUISITION OF LAND.— 

8 (i) LIMITATION OF AUTHORITY OF SEC9 RETARY.—With respect to each river seg10 ment designated by section 3(a)(206) of the 

11 Wild and Scenic Rivers Act (as added by 

12 subsection (a)), the Secretary may only ac13 quire parcels of land— 

14 (I) by donation; or 

15 (II) with the consent of the owner 

16 of the parcel of land. 

17 (ii) PROHIBITION RELATING TO ACQUI18 SITION OF LAND BY CONDEMNATION.—In 

19 accordance with section 6(c) of the Wild 

20 and Scenic Rivers Act (16 U.S.C. 1277(c)), 

21 with respect to each river segment des22 ignated by section 3(a)(206) of the Wild 

23 and Scenic Rivers Act (as added by sub24 section (a)), the Secretary may not acquire 

25 any parcel of land by condemnation. 
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1 Subtitle B—Wild and Scenic Rivers 

2 Studies 

3 SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY. 

4 (a) DESIGNATION FOR STUDY.—Section 5(a) of the 

5 Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended 

6 by adding at the end the following: 

7 ‘‘(140) MISSISQUOI AND TROUT RIVERS, 

8 VERMONT.—The approximately 25-mile segment of the 

9 upper Missisquoi from its headwaters in Lowell to the 

10 Canadian border in North Troy, the approximately 

11 25-mile segment from the Canadian border in East 

12 Richford to Enosburg Falls, and the approximately 

13 20-mile segment of the Trout River from its head14 waters to its confluence with the Missisquoi River.’’. 

15 (b) STUDY AND REPORT.—Section 5(b) of the Wild 

16 and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by 

17 adding at the end the following: 

18 ‘‘(19) MISSISQUOI AND TROUT RIVERS, 

19 VERMONT.—Not later than 3 years after the date on 

20 which funds are made available to carry out this 

21 paragraph, the Secretary of the Interior shall— 

22 ‘‘(A) complete the study of the Missisquoi 

23 and Trout Rivers, Vermont, described in sub24 section (a)(140); and 
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1 ‘‘(B) submit a report describing the results 

2 of that study to the appropriate committees of 

3 Congress.’’. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

5 authorized to be appropriated such sums as are necessary 

6 to carry out this section. 

7 Subtitle C—Additions to the 

8 National Trails System 

9 SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL. 

10 Section 5(a) of the National Trails System Act (16 

11 U.S.C. 1244(a)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(27) ARIZONA NATIONAL SCENIC TRAIL.— 

14 ‘‘(A) IN GENERAL.—The Arizona National 

15 Scenic Trail, extending approximately 807 miles 

16 across the State of Arizona from the U.S.–Mexico 

17 international border to the Arizona–Utah border, 

18 as generally depicted on the map entitled ‘Ari19 zona National Scenic Trail’ and dated December 

20 5, 2007, to be administered by the Secretary of 

21 Agriculture, in consultation with the Secretary 

22 of the Interior and appropriate State, tribal, and 

23 local governmental agencies. 

24 ‘‘(B) AVAILABILITY OF MAP.—The map 

25 shall be on file and available for public inspec-
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1 tion in appropriate offices of the Forest Serv2 ice.’’. 

3 SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL. 

4 (a) AUTHORIZATION AND ADMINISTRATION.—Section 

5 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) 

6 (as amended by section 5201) is amended by adding at the 

7 end the following: 

8 ‘‘(28) NEW ENGLAND NATIONAL SCENIC TRAIL.— 

9 The New England National Scenic Trail, a contin10 uous trail extending approximately 220 miles from 

11 the border of New Hampshire in the town of 

12 Royalston, Massachusetts to Long Island Sound in 

13 the town of Guilford, Connecticut, as generally de14 picted on the map titled ‘New England National Sce15 nic Trail Proposed Route’, numbered T06/80,000, and 

16 dated October 2007. The map shall be on file and 

17 available for public inspection in the appropriate of18 fices of the National Park Service. The Secretary of 

19 the Interior, in consultation with appropriate Fed20 eral, State, tribal, regional, and local agencies, and 

21 other organizations, shall administer the trail after 

22 considering the recommendations of the report titled 

23 the ‘Metacomet Monadnock Mattabesset Trail System 

24 National Scenic Trail Feasibility Study and Envi25 ronmental Assessment’, prepared by the National 
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1 Park Service, and dated Spring 2006. The United 

2 States shall not acquire for the trail any land or in3 terest in land without the consent of the owner.’’. 

4 (b) MANAGEMENT.—The Secretary of the Interior (re5 ferred to in this section as the ‘‘Secretary’’) shall consider 

6 the actions outlined in the Trail Management Blueprint de7 scribed in the report titled the ‘‘Metacomet Monadnock 

8 Mattabesett Trail System National Scenic Trail Feasibility 

9 Study and Environmental Assessment’’, prepared by the 

10 National Park Service, and dated Spring 2006, as the 

11 framework for management and administration of the New 

12 England National Scenic Trail. Additional or more de13 tailed plans for administration, management, protection, 

14 access, maintenance, or development of the trail may be de15 veloped consistent with the Trail Management Blueprint, 

16 and as approved by the Secretary. 

17 (c) COOPERATIVE AGREEMENTS.—The Secretary is 

18 authorized to enter into cooperative agreements with the 

19 Commonwealth of Massachusetts (and its political subdivi20 sions), the State of Connecticut (and its political subdivi21 sions), and other regional, local, and private organizations 

22 deemed necessary and desirable to accomplish cooperative 

23 trail administrative, management, and protection objectives 

24 consistent with the Trail Management Blueprint. An agree25 ment under this subsection may include provisions for lim-
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1 ited financial assistance to encourage participation in the 

2 planning, acquisition, protection, operation, development, 

3 or maintenance of the trail. 

4 (d) ADDITIONAL TRAIL SEGMENTS.—Pursuant to sec5 tion 6 of the National Trails System Act (16 U.S.C. 1245), 

6 the Secretary is encouraged to work with the State of New 

7 Hampshire and appropriate local and private organiza8 tions to include that portion of the Metacomet-Monadnock 

9 Trail in New Hampshire (which lies between Royalston, 

10 Massachusetts and Jaffrey, New Hampshire) as a compo11 nent of the New England National Scenic Trail. Inclusion 

12 of this segment, as well as other potential side or connecting 

13 trails, is contingent upon written application to the Sec14 retary by appropriate State and local jurisdictions and a 

15 finding by the Secretary that trail management and ad16 ministration is consistent with the Trail Management Blue17 print. 

18 SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL. 

19 (a) FINDINGS; PURPOSE.— 

20 (1) FINDINGS.—Congress finds that— 

21 (A) at the end of the last Ice Age, some 

22 12,000 to 17,000 years ago, a series of cata23 clysmic floods occurred in what is now the north24 west region of the United States, leaving a last25 ing mark of dramatic and distinguishing fea-
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1 tures on the landscape of parts of the States of 

2 Montana, Idaho, Washington and Oregon; 

3 (B) geological features that have exceptional 

4 value and quality to illustrate and interpret this 

5 extraordinary natural phenomenon are present 

6 on Federal, State, tribal, county, municipal, and 

7 private land in the region; and 

8 (C) in 2001, a joint study team headed by 

9 the National Park Service that included about 

10 70 members from public and private entities 

11 completed a study endorsing the establishment of 

12 an Ice Age Floods National Geologic Trail— 

13 (i) to recognize the national signifi14 cance of this phenomenon; and 

15 (ii) to coordinate public and private 

16 sector entities in the presentation of the 

17 story of the Ice Age floods. 

18 (2) PURPOSE.—The purpose of this section is to 

19 designate the Ice Age Floods National Geologic Trail 

20 in the States of Montana, Idaho, Washington, and 

21 Oregon, enabling the public to view, experience, and 

22 learn about the features and story of the Ice Age 

23 floods through the collaborative efforts of public and 

24 private entities. 

25 (b) DEFINITIONS.—In this section: 
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1 (1) ICE AGE FLOODS; FLOODS.—The term ‘‘Ice 

2 Age floods’’ or ‘‘floods’’ means the cataclysmic floods 

3 that occurred in what is now the northwestern United 

4 States during the last Ice Age from massive, rapid 

5 and recurring drainage of Glacial Lake Missoula. 

6 (2) PLAN.—The term ‘‘plan’’ means the coopera7 tive management and interpretation plan authorized 

8 under subsection (f)(5). 

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

10 the Secretary of the Interior. 

11 (4) TRAIL.—The term ‘‘Trail’’ means the Ice Age 

12 Floods National Geologic Trail designated by sub13 section (c). 

14 (c) DESIGNATION.—In order to provide for public ap15 preciation, understanding, and enjoyment of the nationally 

16 significant natural and cultural features of the Ice Age 

17 floods and to promote collaborative efforts for interpretation 

18 and education among public and private entities located 

19 along the pathways of the floods, there is designated the Ice 

20 Age Floods National Geologic Trail. 

21 (d) LOCATION.— 

22 (1) MAP.—The route of the Trail shall be as gen23 erally depicted on the map entitled ‘‘Ice Age Floods 

24 National Geologic Trail,’’ numbered P43/80,000 and 

25 dated June 2004. 
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1 (2) ROUTE.—The route shall generally follow 

2 public roads and highways. 

3 (3) REVISION.—The Secretary may revise the 

4 map by publication in the Federal Register of a no5 tice of availability of a new map as part of the plan. 

6 (e) MAP AVAILABILITY.—The map referred to in sub7 section (d)(1) shall be on file and available for public in8 spection in the appropriate offices of the National Park 

9 Service. 

10 (f) ADMINISTRATION.— 

11 (1) IN GENERAL.—The Secretary, acting through 

12 the Director of the National Park Service, shall ad13 minister the Trail in accordance with this section. 

14 (2) LIMITATION.—Except as provided in para15 graph (6)(B), the Trail shall not be considered to be 

16 a unit of the National Park System. 

17 (3) TRAIL MANAGEMENT OFFICE.—To improve 

18 management of the Trail and coordinate Trail activi19 ties with other public agencies and private entities, 

20 the Secretary may establish and operate a trail man21 agement office at a central location within the vicin22 ity of the Trail. 

23 (4) INTERPRETIVE FACILITIES.—The Secretary 

24 may plan, design, and construct interpretive facilities 

25 for sites associated with the Trail if the facilities are 
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1 constructed in partnership with State, local, tribal, or 

2 non-profit entities and are consistent with the plan. 

3 (5) MANAGEMENT PLAN.— 

4 (A) IN GENERAL.—Not later than 3 years 

5 after funds are made available to carry out this 

6 section, the Secretary shall prepare a cooperative 

7 management and interpretation plan for the 

8 Trail. 

9 (B) CONSULTATION.—The Secretary shall 

10 prepare the plan in consultation with— 

11 (i) State, local, and tribal govern12 ments; 

13 (ii) the Ice Age Floods Institute; 

14 (iii) private property owners; and 

15 (iv) other interested parties. 

16 (C) CONTENTS.—The plan shall— 

17 (i) confirm and, if appropriate, ex18 pand on the inventory of features of the 

19 floods contained in the National Park Serv20 ice study entitled ‘‘Ice Age Floods, Study of 

21 Alternatives and Environmental Assess22 ment’’ (February 2001) by— 

23 (I) locating features more accu24 rately; 
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1 (II) improving the description of 

2 features; and 

3 (III) reevaluating the features in 

4 terms of their interpretive potential; 

5 (ii) review and, if appropriate, modify 

6 the map of the Trail referred to in sub7 section (d)(1); 

8 (iii) describe strategies for the coordi9 nated development of the Trail, including 

10 an interpretive plan for facilities, waysides, 

11 roadside pullouts, exhibits, media, and pro12 grams that present the story of the floods to 

13 the public effectively; and 

14 (iv) identify potential partnering op15 portunities in the development of interpre16 tive facilities and educational programs to 

17 educate the public about the story of the 

18 floods. 

19 (6) COOPERATIVE MANAGEMENT.— 

20 (A) IN GENERAL.—In order to facilitate the 

21 development of coordinated interpretation, edu22 cation, resource stewardship, visitor facility de23 velopment and operation, and scientific research 

24 associated with the Trail and to promote more 

25 efficient administration of the sites associated 
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1 with the Trail, the Secretary may enter into co2 operative management agreements with appro3 priate officials in the States of Montana, Idaho, 

4 Washington, and Oregon in accordance with the 

5 authority provided for units of the National 

6 Park System under section 3(l) of Public Law 

7 91–383 (16 U.S.C. 1a–2(l)). 

8 (B) AUTHORITY.—For purposes of this 

9 paragraph only, the Trail shall be considered a 

10 unit of the National Park System. 

11 (7) COOPERATIVE AGREEMENTS.—The Secretary 

12 may enter into cooperative agreements with public or 

13 private entities to carry out this section. 

14 (8) EFFECT ON PRIVATE PROPERTY RIGHTS.— 

15 Nothing in this section— 

16 (A) requires any private property owner to 

17 allow public access (including Federal, State, or 

18 local government access) to private property; or 

19 (B) modifies any provision of Federal, 

20 State, or local law with respect to public access 

21 to or use of private land. 

22 (9) LIABILITY.—Designation of the Trail by sub23 section (c) does not create any liability for, or affect 

24 any liability under any law of, any private property 
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1 owner with respect to any person injured on the pri2 vate property. 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated such sums as are necessary 

5 to carry out this section, of which not more than 

6 $12,000,000 may be used for development of the Trail. 

7 SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLUTIONARY 

8 ROUTE NATIONAL HISTORIC TRAIL. 

9 Section 5(a) of the National Trails System Act (16 

10 U.S.C. 1244(a)) (as amended by section 5202(a)) is amend11 ed by adding at the end the following: 

12 ‘‘(29) WASHINGTON-ROCHAMBEAU REVOLU13 TIONARY ROUTE NATIONAL HISTORIC TRAIL.— 

14 ‘‘(A) IN GENERAL.—The Washington-Ro15 chambeau Revolutionary Route National His16 toric Trail, a corridor of approximately 600 

17 miles following the route taken by the armies of 

18 General George Washington and Count Rocham19 beau between Newport, Rhode Island, and York20 town, Virginia, in 1781 and 1782, as generally 

21 depicted on the map entitled ‘WASHINGTON22 ROCHAMBEAU REVOLUTIONARY ROUTE 

23 NATIONAL HISTORIC TRAIL’, numbered 

24 T01/80,001, and dated June 2007. 
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1 ‘‘(B) MAP.—The map referred to in sub2 paragraph (A) shall be on file and available for 

3 public inspection in the appropriate offices of the 

4 National Park Service. 

5 ‘‘(C) ADMINISTRATION.—The trail shall be 

6 administered by the Secretary of the Interior, in 

7 consultation with— 

8 ‘‘(i) other Federal, State, tribal, re9 gional, and local agencies; and 

10 ‘‘(ii) the private sector. 

11 ‘‘(D) LAND ACQUISITION.—The United 

12 States shall not acquire for the trail any land or 

13 interest in land outside the exterior boundary of 

14 any federally-managed area without the consent 

15 of the owner of the land or interest in land.’’. 

16 SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL. 

17 Section 5(a) of the National Trails System Act (16 

18 U.S.C. 1244(a)) (as amended by section 5204) is amended 

19 by adding at the end the following: 

20 ‘‘(30) PACIFIC NORTHWEST NATIONAL SCENIC

21 TRAIL.— 

22 ‘‘(A) IN GENERAL.—The Pacific Northwest 

23 National Scenic Trail, a trail of approximately 

24 1,200 miles, extending from the Continental Di25 vide in Glacier National Park, Montana, to the 
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1 Pacific Ocean Coast in Olympic National Park, 

2 Washington, following the route depicted on the 

3 map entitled ‘Pacific Northwest National Scenic 

4 Trail: Proposed Trail’, numbered T12/80,000, 

5 and dated February 2008 (referred to in this 

6 paragraph as the ‘map’). 

7 ‘‘(B) AVAILABILITY OF MAP.—The map 

8 shall be on file and available for public inspec9 tion in the appropriate offices of the Forest Serv10 ice. 

11 ‘‘(C) ADMINISTRATION.—The Pacific North12 west National Scenic Trail shall be administered 

13 by the Secretary of Agriculture. 

14 ‘‘(D) LAND ACQUISITION.—The United 

15 States shall not acquire for the Pacific Northwest 

16 National Scenic Trail any land or interest in 

17 land outside the exterior boundary of any feder18 ally-managed area without the consent of the 

19 owner of the land or interest in land.’’. 

20 SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL. 

21 Section 5(a)(16) of the National Trails System Act (16 

22 U.S.C. 1244(a)(16)) is amended as follows: 

23 (1) By amending subparagraph (C) to read as 

24 follows: 
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1 ‘‘(C) In addition to the areas otherwise des2 ignated under this paragraph, the following 

3 routes and land components by which the Cher4 okee Nation was removed to Oklahoma are com5 ponents of the Trail of Tears National Historic 

6 Trail, as generally described in the environ7 mentally preferred alternative of the November 

8 2007 Feasibility Study Amendment and Envi9 ronmental Assessment for Trail of Tears Na10 tional Historic Trail: 

11 ‘‘(i) The Benge and Bell routes. 

12 ‘‘(ii) The land components of the des13 ignated water routes in Alabama, Arkansas, 

14 Oklahoma, and Tennessee. 

15 ‘‘(iii) The routes from the collection 

16 forts in Alabama, Georgia, North Carolina, 

17 and Tennessee to the emigration depots. 

18 ‘‘(iv) The related campgrounds located 

19 along the routes and land components de20 scribed in clauses (i) through (iii).’’. 

21 (2) In subparagraph (D)— 

22 (A) by striking the first sentence; and 

23 (B) by adding at the end the following: ‘‘No 

24 lands or interests in lands outside the exterior 

25 boundaries of any federally administered area 
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1 may be acquired by the Federal Government for 

2 the Trail of Tears National Historic Trail except 

3 with the consent of the owner thereof.’’. 

4 Subtitle D—National Trail System 

5 Amendments 

6 SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AU7 THORITY. 

8 (a) AUTHORITY TO ACQUIRE LAND FROM WILLING

9 SELLERS FOR CERTAIN TRAILS.— 

10 (1) OREGON NATIONAL HISTORIC TRAIL.—Sec11 tion 5(a)(3) of the National Trails System Act (16 

12 U.S.C. 1244(a)(3)) is amended by adding at the end 

13 the following: ‘‘No land or interest in land outside the 

14 exterior boundaries of any federally administered 

15 area may be acquired by the Federal Government for 

16 the trail except with the consent of the owner of the 

17 land or interest in land. The authority of the Federal 

18 Government to acquire fee title under this paragraph 

shall be limited to an average of not more than 1 19 ⁄4

20 mile on either side of the trail.’’. 

21 (2) MORMON PIONEER NATIONAL HISTORIC

22 TRAIL.—Section 5(a)(4) of the National Trails Sys23 tem Act (16 U.S.C. 1244(a)(4)) is amended by adding 

24 at the end the following: ‘‘No land or interest in land 

25 outside the exterior boundaries of any federally ad-
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1 ministered area may be acquired by the Federal Gov2 ernment for the trail except with the consent of the 

3 owner of the land or interest in land. The authority 

4 of the Federal Government to acquire fee title under 

5 this paragraph shall be limited to an average of not 

more than 1 6 ⁄4 mile on either side of the trail.’’. 

7 (3) CONTINENTAL DIVIDE NATIONAL SCENIC

8 TRAIL.—Section 5(a)(5) of the National Trails Sys9 tem Act (16 U.S.C. 1244(a)(5)) is amended by adding 

10 at the end the following: ‘‘No land or interest in land 

11 outside the exterior boundaries of any federally ad12 ministered area may be acquired by the Federal Gov13 ernment for the trail except with the consent of the 

14 owner of the land or interest in land. The authority 

15 of the Federal Government to acquire fee title under 

16 this paragraph shall be limited to an average of not 

more than 1 17 ⁄4 mile on either side of the trail.’’. 

18 (4) LEWIS AND CLARK NATIONAL HISTORIC

19 TRAIL.—Section 5(a)(6) of the National Trails Sys20 tem Act (16 U.S.C. 1244(a)(6)) is amended by adding 

21 at the end the following: ‘‘No land or interest in land 

22 outside the exterior boundaries of any federally ad23 ministered area may be acquired by the Federal Gov24 ernment for the trail except with the consent of the 

25 owner of the land or interest in land. The authority 
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1 of the Federal Government to acquire fee title under 

2 this paragraph shall be limited to an average of not 

more than 1 3 ⁄4 mile on either side of the trail.’’. 

4 (5) IDITAROD NATIONAL HISTORIC TRAIL.—Sec5 tion 5(a)(7) of the National Trails System Act (16 

6 U.S.C. 1244(a)(7)) is amended by adding at the end 

7 the following: ‘‘No land or interest in land outside the 

8 exterior boundaries of any federally administered 

9 area may be acquired by the Federal Government for 

10 the trail except with the consent of the owner of the 

11 land or interest in land. The authority of the Federal 

12 Government to acquire fee title under this paragraph 

shall be limited to an average of not more than 1 13 ⁄4

14 mile on either side of the trail.’’. 

15 (6) NORTH COUNTRY NATIONAL SCENIC TRAIL.— 

16 Section 5(a)(8) of the National Trails System Act (16 

17 U.S.C. 1244(a)(8)) is amended by adding at the end 

18 the following: ‘‘No land or interest in land outside the 

19 exterior boundaries of any federally administered 

20 area may be acquired by the Federal Government for 

21 the trail except with the consent of the owner of the 

22 land or interest in land.’’. 

23 (7) ICE AGE NATIONAL SCENIC TRAIL.—Section 

24 5(a)(10) of the National Trails System Act (16 U.S.C. 

25 1244(a)(10)) is amended by adding at the end the fol-
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1 lowing: ‘‘No land or interest in land outside the exte2 rior boundaries of any federally administered area 

3 may be acquired by the Federal Government for the 

4 trail except with the consent of the owner of the land 

5 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: ‘‘No 

12 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 of 

16 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: ‘‘No 

23 land or interest in land outside the exterior 

24 boundaries of any federally administered area 

25 may be acquired by the Federal Government for 
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1 the trail except with the consent of the owner of 

2 the land or interest in land. The authority of the 

3 Federal Government to acquire fee title under 

4 this paragraph shall be limited to an average of 

not more than 1 5 ⁄4 mile on either side of the 

6 trail.’’. 

7 (b) CONFORMING AMENDMENT.—Section 10 of the Na8 tional Trails System Act (16 U.S.C. 1249) is amended by 

9 striking subsection (c) and inserting the following: 

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

11 ‘‘(1) IN GENERAL.—Except as otherwise provided 

12 in this Act, there are authorized to be appropriated 

13 such sums as are necessary to implement the provi14 sions of this Act relating to the trails designated by 

15 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 to 

20 in this paragraph as the ‘trail’) designated by 

21 section 5(a)(12)— 

22 ‘‘(i) not more than $500,000 shall be 

23 appropriated for the acquisition of land or 

24 interests in land for the trail; and 
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1 ‘‘(ii) not more than $2,000,000 shall be 

2 appropriated for the development of the 

3 trail. 

4 ‘‘(B) PARTICIPATION BY VOLUNTEER TRAIL

5 GROUPS.—The administering agency for the trail 

6 shall encourage volunteer trail groups to partici7 pate 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 U.S.C. 

12 1244) is amended by adding at the end the following: 

13 ‘‘(g) REVISION OF FEASIBILITY AND SUITABILITY

14 STUDIES OF EXISTING NATIONAL HISTORIC TRAILS.— 

15 ‘‘(1) DEFINITIONS.—In this subsection: 

16 ‘‘(A) ROUTE.—The term ‘route’ includes a 

17 trail segment commonly known as a cutoff. 

18 ‘‘(B) SHARED ROUTE.—The term ‘shared 

19 route’ means a route that was a segment of more 

20 than 1 historic trail, including a route shared 

21 with an existing national historic trail. 

22 ‘‘(2) REQUIREMENTS FOR REVISION.— 

23 ‘‘(A) IN GENERAL.—The Secretary of the 

24 Interior shall revise the feasibility and suit-
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1 ability studies for certain national trails for con2 sideration 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 later 

10 than 3 complete fiscal years from the date funds 

11 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 routes 

15 of the Oregon Trail listed in subparagraph (B) 

16 and generally depicted on the map entitled 

17 ‘Western Emigrant Trails 1830/1870’ and dated 

18 1991/1993, and of such other routes of the Or19 egon Trail that the Secretary considers appro20 priate, to determine the feasibility and suit21 ability of designation of 1 or more of the routes 

22 as components of the Oregon National Historic 

23 Trail. 
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1 ‘‘(B) COVERED ROUTES.—The routes to be 

2 studied under subparagraph (A) shall include the 

3 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 undertake 

16 a study of the approximately 20-mile southern alter17 native route of the Pony Express Trail from Wathena, 

18 Kansas, to Troy, Kansas, and such other routes of the 

19 Pony Express Trail that the Secretary considers ap20 propriate, to determine the feasibility and suitability 

21 of designation of 1 or more of the routes as compo22 nents of the Pony Express National Historic Trail. 

23 ‘‘(5) CALIFORNIA NATIONAL HISTORIC TRAIL.— 

24 ‘‘(A) STUDY REQUIRED.—The Secretary of 

25 the Interior shall undertake a study of the Mis-
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1 souri Valley, central, and western routes of the 

2 California Trail listed in subparagraph (B) and 

3 generally depicted on the map entitled ‘Western 

4 Emigrant Trails 1830/1870’ and dated 1991/ 

5 1993, and of such other and shared Missouri 

6 Valley, central, and western routes that the Sec7 retary considers appropriate, to determine the 

8 feasibility and suitability of designation of 1 or 

9 more of the routes as components of the Cali10 fornia National Historic Trail. 

11 ‘‘(B) COVERED ROUTES.—The routes to be 

12 studied under subparagraph (A) shall include the 

13 following: 

14 ‘‘(i) MISSOURI VALLEY ROUTES.— 

15 ‘‘(I) Blue Mills-Independence 

16 Road. 

17 ‘‘(II) Westport Landing Road. 

18 ‘‘(III) Westport-Lawrence Road. 

19 ‘‘(IV) Fort Leavenworth-Blue 

20 River route. 

21 ‘‘(V) Road to Amazonia. 

22 ‘‘(VI) Union Ferry Route. 

23 ‘‘(VII) Old Wyoming-Nebraska 

24 City cutoff. 

25 ‘‘(VIII) Lower Plattsmouth Route. 
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1 ‘‘(IX) Lower Bellevue Route. 

2 ‘‘(X) Woodbury cutoff. 

3 ‘‘(XI) Blue Ridge cutoff. 

4 ‘‘(XII) Westport Road. 

5 ‘‘(XIII) Gum Springs-Fort Leav6 enworth route. 

7 ‘‘(XIV) Atchison/Independence 

8 Creek routes. 

9 ‘‘(XV) Fort Leavenworth-Kansas 

10 River route. 

11 ‘‘(XVI) Nebraska City cutoff 

12 routes. 

13 ‘‘(XVII) Minersville-Nebraska 

14 City Road. 

15 ‘‘(XVIII) Upper Plattsmouth 

16 route. 

17 ‘‘(XIX) Upper Bellevue route. 

18 ‘‘(ii) CENTRAL ROUTES.— 

19 ‘‘(I) Cherokee Trail, including 

20 splits. 

21 ‘‘(II) Weber Canyon route of Has22 tings cutoff. 

23 ‘‘(III) Bishop Creek cutoff. 

24 ‘‘(IV) McAuley cutoff. 

25 ‘‘(V) Diamond Springs cutoff. 
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1 ‘‘(VI) Secret Pass. 

2 ‘‘(VII) Greenhorn cutoff. 

3 ‘‘(VIII) Central Overland Trail. 

4 ‘‘(iii) WESTERN ROUTES.— 

5 ‘‘(I) Bidwell-Bartleson route. 

6 ‘‘(II) Georgetown/Dagget Pass 

7 Trail. 

8 ‘‘(III) Big Trees Road. 

9 ‘‘(IV) Grizzly Flat cutoff. 

10 ‘‘(V) Nevada City Road. 

11 ‘‘(VI) Yreka Trail. 

12 ‘‘(VII) Henness Pass route. 

13 ‘‘(VIII) Johnson cutoff. 

14 ‘‘(IX) Luther Pass Trail. 

15 ‘‘(X) Volcano Road. 

16 ‘‘(XI) Sacramento-Coloma Wagon 

17 Road. 

18 ‘‘(XII) Burnett cutoff. 

19 ‘‘(XIII) Placer County Road to 

20 Auburn. 

21 ‘‘(6) MORMON PIONEER NATIONAL HISTORIC

22 TRAIL.— 

23 ‘‘(A) STUDY REQUIRED.—The Secretary of 

24 the Interior shall undertake a study of the routes 

25 of the Mormon Pioneer Trail listed in subpara-
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1 graph (B) and generally depicted in the map en2 titled ‘Western Emigrant Trails 1830/1870’ and 

3 dated 1991/1993, and of such other routes of the 

4 Mormon Pioneer Trail that the Secretary con5 siders appropriate, to determine the feasibility 

6 and suitability of designation of 1 or more of the 

7 routes as components of the Mormon Pioneer Na8 tional Historic Trail. 

9 ‘‘(B) COVERED ROUTES.—The routes to be 

10 studied under subparagraph (A) shall include the 

11 following: 

12 ‘‘(i) 1846 Subsequent routes A and B 

13 (Lucas and Clarke Counties, Iowa). 

14 ‘‘(ii) 1856–57 Handcart route (Iowa 

15 City to Council Bluffs). 

16 ‘‘(iii) Keokuk route (Iowa). 

17 ‘‘(iv) 1847 Alternative Elkhorn and 

18 Loup River Crossings in Nebraska. 

19 ‘‘(v) Fort Leavenworth Road; Ox Bow 

20 route and alternates in Kansas and Mis21 souri (Oregon and California Trail routes 

22 used by Mormon emigrants). 

23 ‘‘(vi) 1850 Golden Pass Road in Utah. 

24 ‘‘(7) SHARED CALIFORNIA AND OREGON TRAIL

25 ROUTES.— 
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1 ‘‘(A) STUDY REQUIRED.—The Secretary of 

2 the Interior shall undertake a study of the shared 

3 routes of the California Trail and Oregon Trail 

4 listed in subparagraph (B) and generally de5 picted on the map entitled ‘Western Emigrant 

6 Trails 1830/1870’ and dated 1991/1993, and of 

7 such other shared routes that the Secretary con8 siders appropriate, to determine the feasibility 

9 and suitability of designation of 1 or more of the 

10 routes as shared components of the California 

11 National Historic Trail and the Oregon National 

12 Historic Trail. 

13 ‘‘(B) COVERED ROUTES.—The routes to be 

14 studied under subparagraph (A) shall include the 

15 following: 

16 ‘‘(i) St. Joe Road. 

17 ‘‘(ii) Council Bluffs Road. 

18 ‘‘(iii) Sublette cutoff. 

19 ‘‘(iv) Applegate route. 

20 ‘‘(v) Old Fort Kearny Road (Oxbow 

21 Trail). 

22 ‘‘(vi) Childs cutoff. 

23 ‘‘(vii) Raft River to Applegate.’’. 
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1 SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS 

2 STUDIES. 

3 Section 5(c) of the National Trails System Act (16 

4 U.S.C. 1244(c)) is amended by adding at the end the fol5 lowing: 

6 ‘‘(44) CHISHOLM TRAIL.— 

7 ‘‘(A) IN GENERAL.—The Chisholm Trail 

8 (also known as the ‘Abilene Trail’), from the vi9 cinity of San Antonio, Texas, segments from the 

10 vicinity of Cuero, Texas, to Ft. Worth, Texas, 

11 Duncan, Oklahoma, alternate segments used 

12 through Oklahoma, to Enid, Oklahoma, 

13 Caldwell, Kansas, Wichita, Kansas, Abilene, 

14 Kansas, and commonly used segments running 

15 to alternative Kansas destinations. 

16 ‘‘(B) REQUIREMENT.—In conducting the 

17 study required under this paragraph, the Sec18 retary of the Interior shall identify the point at 

19 which the trail originated south of San Antonio, 

20 Texas. 

21 ‘‘(45) GREAT WESTERN TRAIL.— 

22 ‘‘(A) IN GENERAL.—The Great Western 

23 Trail (also known as the ‘Dodge City Trail’), 

24 from the vicinity of San Antonio, Texas, north25 by-northwest through the vicinities of Kerrville 

26 and Menard, Texas, north-by-northeast through 
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1 the vicinities of Coleman and Albany, Texas, 

2 north through the vicinity of Vernon, Texas, to 

3 Doan’s Crossing, Texas, northward through or 

4 near the vicinities of Altus, Lone Wolf, Canute, 

5 Vici, and May, Oklahoma, north through Kansas 

6 to Dodge City, and north through Nebraska to 

7 Ogallala. 

8 ‘‘(B) REQUIREMENT.—In conducting the 

9 study required under this paragraph, the Sec10 retary of the Interior shall identify the point at 

11 which the trail originated south of San Antonio, 

12 Texas.’’. 

13 Subtitle E—Effect of Title 

14 SEC. 5401. EFFECT. 

15 (a) EFFECT ON ACCESS FOR RECREATIONAL ACTIVI16 TIES.—Nothing in this title shall be construed as affecting 

17 access for recreational activities otherwise allowed by law 

18 or regulation, including hunting, fishing, or trapping. 

19 (b) EFFECT ON STATE AUTHORITY.—Nothing in this 

20 title shall be construed as affecting the authority, jurisdic21 tion, or responsibility of the several States to manage, con22 trol, or regulate fish and resident wildlife under State law 

23 or regulations, including the regulation of hunting, fishing, 

24 and trapping. 
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1 TITLE VI—DEPARTMENT OF THE 

2 INTERIOR AUTHORIZATIONS 

3 Subtitle A—Cooperative Watershed 

4 Management Program 

5 SEC. 6001. DEFINITIONS. 

6 In this subtitle: 

7 (1) AFFECTED STAKEHOLDER.—The term ‘‘af8 fected stakeholder’’ means an entity that significantly 

9 affects, or is significantly affected by, the quality or 

10 quantity of water in a watershed, as determined by 

11 the Secretary. 

12 (2) GRANT RECIPIENT.—The term ‘‘grant recipi13 ent’’ means a watershed group that the Secretary has 

14 selected to receive a grant under section 6002(c)(2). 

15 (3) PROGRAM.—The term ‘‘program’’ means the 

16 Cooperative Watershed Management Program estab17 lished by the Secretary under section 6002(a). 

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

19 the Secretary of the Interior. 

20 (5) WATERSHED GROUP.—The term ‘‘watershed 

21 group’’ means a self-sustaining, cooperative water22 shed-wide group that— 

23 (A) is comprised of representatives of the af24 fected stakeholders of the relevant watershed; 
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1 (B) incorporates the perspectives of a di2 verse array of stakeholders, including, to the 

3 maximum extent practicable— 

4 (i) representatives of— 

5 (I) hydroelectric production; 

6 (II) livestock grazing; 

7 (III) timber production; 

8 (IV) land development; 

9 (V) recreation or tourism; 

10 (VI) irrigated agricultural pro11 duction; 

12 (VII) the environment; 

13 (VIII) potable water purveyors 

14 and industrial water users; and 

15 (IX) private property owners 

16 within the watershed; 

17 (ii) any Federal agency that has au18 thority with respect to the watershed; 

19 (iii) any State agency that has author20 ity with respect to the watershed; 

21 (iv) any local agency that has author22 ity with respect to the watershed; and 

23 (v) any Indian tribe that— 

24 (I) owns land within the water25 shed; or 
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1 (II) has land in the watershed 

2 that is held in trust; 

3 (C) is a grassroots, nonregulatory entity 

4 that addresses water availability and quality 

5 issues within the relevant watershed; 

6 (D) is capable of promoting the sustainable 

7 use of the water resources of the relevant water8 shed and improving the functioning condition of 

9 rivers and streams through— 

10 (i) water conservation; 

11 (ii) improved water quality; 

12 (iii) ecological resiliency; and 

13 (iv) the reduction of water conflicts; 

14 and 

15 (E) makes decisions on a consensus basis, as 

16 defined in the bylaws of the watershed group. 

17 (6) WATERSHED MANAGEMENT PROJECT.—The 

18 term ‘‘watershed management project’’ means any 

19 project (including a demonstration project) that— 

20 (A) enhances water conservation, including 

21 alternative water uses; 

22 (B) improves water quality; 

23 (C) improves ecological resiliency of a river 

24 or stream; 
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1 (D) reduces the potential for water conflicts; 

2 or 

3 (E) advances any other goals associated 

4 with water quality or quantity that the Sec5 retary determines to be appropriate. 

6 SEC. 6002. PROGRAM. 

7 (a) ESTABLISHMENT.—Not later than 180 days after 

8 the date of enactment of this Act, the Secretary shall estab9 lish a program, to be known as the ‘‘Cooperative Watershed 

10 Management Program’’, under which the Secretary shall 

11 provide grants— 

12 (1)(A) to form a watershed group; or 

13 (B) to enlarge a watershed group; and 

14 (2) to conduct 1 or more projects in accordance 

15 with the goals of a watershed group. 

16 (b) APPLICATION.— 

17 (1) ESTABLISHMENT OF APPLICATION PROCESS; 

18 CRITERIA.—Not later than 1 year after the date of en19 actment of this Act, the Secretary shall establish— 

20 (A) an application process for the program; 

21 and 

22 (B) in consultation with the States, 

23 prioritization and eligibility criteria for consid24 ering applications submitted in accordance with 

25 the application process. 
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1 (c) DISTRIBUTION OF GRANT FUNDS.— 

2 (1) IN GENERAL.—In distributing grant funds 

3 under this section, the Secretary— 

4 (A) shall comply with paragraph (2); and 

5 (B) may give priority to watershed groups 

6 that— 

7 (i) represent maximum diversity of in8 terests; or 

9 (ii) serve subbasin-sized watersheds 

10 with an 8-digit hydrologic unit code, as de11 fined by the United States Geological Sur12 vey. 

13 (2) FUNDING PROCEDURE.— 

14 (A) FIRST PHASE.— 

15 (i) IN GENERAL.—The Secretary may 

16 provide to a grant recipient a first-phase 

17 grant in an amount not greater than 

18 $100,000 each year for a period of not more 

19 than 3 years. 

20 (ii) MANDATORY USE OF FUNDS.—A 

21 grant recipient that receives a first-phase 

22 grant shall use the funds— 

23 (I) to establish or enlarge a water24 shed group; 
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1 (II) to develop a mission state2 ment for the watershed group; 

3 (III) to develop project concepts; 

4 and 

5 (IV) to develop a restoration plan. 

6 (iii) ANNUAL DETERMINATION OF ELI7 GIBILITY.— 

8 (I) DETERMINATION.—For each 

9 year of a first-phase grant, not later 

10 than 270 days after the date on which 

11 a grant recipient first receives grant 

12 funds for the year, the Secretary shall 

13 determine whether the grant recipient 

14 has made sufficient progress during the 

15 year to justify additional funding. 

16 (II) EFFECT OF DETERMINA17 TION.—If the Secretary determines 

18 under subclause (I) that the progress of 

19 a grant recipient during the year cov20 ered by the determination justifies ad21 ditional funding, the Secretary shall 

22 provide to the grant recipient grant 

23 funds for the following year. 

24 (iv) ADVANCEMENT CONDITIONS.—A 

25 grant recipient shall not be eligible to re-
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1 ceive a second-phase grant under subpara2 graph (B) until the date on which the Sec3 retary determines that the watershed 

4 group— 

5 (I) has approved articles of incor6 poration and bylaws governing the or7 ganization; and 

8 (II)(aa) holds regular meetings; 

9 (bb) has completed a mission 

10 statement; and 

11 (cc) has developed a restoration 

12 plan and project concepts for the wa13 tershed. 

14 (v) EXCEPTION.—A watershed group 

15 that has not applied for or received first16 phase grants may apply for and receive sec17 ond-phase grants under subparagraph (B) 

18 if the Secretary determines that the group 

19 has satisfied the requirements of first-phase 

20 grants. 

21 (B) SECOND PHASE.— 

22 (i) IN GENERAL.—A watershed group 

23 may apply for and receive second-phase 

24 grants of $1,000,000 each year for a period 

25 of not more than 4 years if— 
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1 (I) the watershed group has ap2 plied for and received watershed grants 

3 under subparagraph (A); or 

4 (II) the Secretary determines that 

5 the watershed group has satisfied the 

6 requirements of first-phase grants. 

7 (ii) MANDATORY USE OF FUNDS.—A 

8 grant recipient that receives a second-phase 

9 grant shall use the funds to plan and carry 

10 out watershed management projects. 

11 (iii) ANNUAL DETERMINATION OF ELI12 GIBILITY.— 

13 (I) DETERMINATION.—For each 

14 year of the second-phase grant, not 

15 later than 270 days after the date on 

16 which a grant recipient first receives 

17 grant funds for the year, the Secretary 

18 shall determine whether the grant re19 cipient has made sufficient progress 

20 during the year to justify additional 

21 funding. 

22 (II) EFFECT OF DETERMINA23 TION.—If the Secretary determines 

24 under subclause (I) that the progress of 

25 a grant recipient during the year justi-
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1 fies additional funding, the Secretary 

2 shall provide to the grant recipient 

3 grant funds for the following year. 

4 (iv) ADVANCEMENT CONDITION.—A 

5 grant recipient shall not be eligible to re6 ceive a third-phase grant under subpara7 graph (C) until the date on which the Sec8 retary determines that the grant recipient 

9 has— 

10 (I) completed each requirement of 

11 the second-phase grant; and 

12 (II) demonstrated that 1 or more 

13 pilot projects of the grant recipient 

14 have resulted in demonstrable improve15 ments, as determined by the Secretary, 

16 in the functioning condition of at least 

17 1 river or stream in the watershed. 

18 (C) THIRD PHASE.— 

19 (i) FUNDING LIMITATION.— 

20 (I) IN GENERAL.—Except as pro21 vided in subclause (II), the Secretary 

22 may provide to a grant recipient a 

23 third-phase grant in an amount not 

24 greater than $5,000,000 for a period of 

25 not more than 5 years. 
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1 (II) EXCEPTION.—The Secretary 

2 may provide to a grant recipient a 

3 third-phase grant in an amount that is 

4 greater than the amount described in 

5 subclause (I) if the Secretary deter6 mines that the grant recipient is capa7 ble of using the additional amount to 

8 further the purposes of the program in 

9 a way that could not otherwise be 

10 achieved by the grant recipient using 

11 the amount described in subclause (I). 

12 (ii) MANDATORY USE OF FUNDS.—A 

13 grant recipient that receives a third-phase 

14 grant shall use the funds to plan and carry 

15 out at least 1 watershed management 

16 project. 

17 (3) AUTHORIZING USE OF FUNDS FOR ADMINIS18 TRATIVE AND OTHER COSTS.—A grant recipient that 

19 receives a grant under this section may use the 

20 funds— 

21 (A) to pay for— 

22 (i) administrative and coordination 

23 costs, if the costs are not greater than the 

24 lesser of— 
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1 (I) 20 percent of the total amount 

2 of the grant; or 

3 (II) $100,000; 

4 (ii) the salary of not more than 1 full5 time employee of the watershed group; and 

6 (iii) any legal fees arising from the es7 tablishment of the relevant watershed group; 

8 and 

9 (B) to fund— 

10 (i) water quality and quantity studies 

11 of the relevant watershed; and 

12 (ii) the planning, design, and imple13 mentation of any projects relating to water 

14 quality or quantity. 

15 (d) COST SHARE.— 

16 (1) PLANNING.—The Federal share of the cost of 

17 an activity provided assistance through a first-phase 

18 grant shall be 100 percent. 

19 (2) PROJECTS CARRIED OUT UNDER SECOND

20 PHASE.— 

21 (A) IN GENERAL.—The Federal share of the 

22 cost of any activity of a watershed management 

23 project provided assistance through a second24 phase grant shall not exceed 50 percent of the 

25 total cost of the activity. 
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1 (B) FORM OF NON-FEDERAL SHARE.—The 

2 non-Federal share under subparagraph (A) may 

3 be in the form of in-kind contributions. 

4 (3) PROJECTS CARRIED OUT UNDER THIRD

5 PHASE.— 

6 (A) IN GENERAL.—The Federal share of the 

7 costs of any activity of a watershed group of a 

8 grant recipient relating to a watershed manage9 ment project provided assistance through a third10 phase grant shall not exceed 50 percent of the 

11 total costs of the watershed management project. 

12 (B) FORM OF NON-FEDERAL SHARE.—The 

13 non-Federal share under subparagraph (A) may 

14 be in the form of in-kind contributions. 

15 (e) ANNUAL REPORTS.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date on which a grant recipient first receives 

18 funds under this section, and annually thereafter, in 

19 accordance with paragraph (2), the watershed group 

20 shall submit to the Secretary a report that describes 

21 the progress of the watershed group. 

22 (2) REQUIRED DEGREE OF DETAIL.—The con23 tents of an annual report required under paragraph 

24 (1) shall contain sufficient information to enable the 
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1 Secretary to complete each report required under sub2 section (f), as determined by the Secretary. 

3 (f) REPORT.—Not later than 5 years after the date of 

4 enactment of this Act, and every 5 years thereafter, the Sec5 retary shall submit to the Committee on Energy and Nat6 ural Resources of the Senate and the Committee on Natural 

7 Resources of the House of Representatives a report that de8 scribes— 

9 (1) the ways in which the program assists the 

10 Secretary— 

11 (A) in addressing water conflicts; 

12 (B) in conserving water; 

13 (C) in improving water quality; and 

14 (D) in improving the ecological resiliency of 

15 a river or stream; and 

16 (2) benefits that the program provides, includ17 ing, to the maximum extent practicable, a quan18 titative analysis of economic, social, and environ19 mental benefits. 

20 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 

21 authorized to be appropriated to carry out this section— 

22 (1) $2,000,000 for each of fiscal years 2008 and 

23 2009; 

24 (2) $5,000,000 for fiscal year 2010; 

25 (3) $10,000,000 for fiscal year 2011; and 
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1 (4) $20,000,000 for each of fiscal years 2012 

2 through 2020. 

3 SEC. 6003. EFFECT OF SUBTITLE. 

4 Nothing in this subtitle affects the applicability of any 

5 Federal, State, or local law with respect to any watershed 

6 group. 

7 Subtitle B—Competitive Status for 

8 Federal Employees in Alaska 

9 SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL 

10 EMPLOYEES IN THE STATE OF ALASKA. 

11 Section 1308 of the Alaska National Interest Lands 

12 Conservation Act (16 U.S.C. 3198) is amended by adding 

13 at the end the following: 

14 ‘‘(e) COMPETITIVE STATUS.— 

15 ‘‘(1) IN GENERAL.—Nothing in subsection (a) 

16 provides that any person hired pursuant to the pro17 gram established under that subsection is not eligible 

18 for competitive status in the same manner as any 

19 other employee hired as part of the competitive serv20 ice. 

21 ‘‘(2) REDESIGNATION OF CERTAIN POSITIONS.— 

22 ‘‘(A) PERSONS SERVING IN ORIGINAL POSI23 TIONS.—Not later than 60 days after the date of 

24 enactment of this subsection, with respect to any 

25 person hired into a permanent position pursuant 
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1 to the program established under subsection (a) 

2 who is serving in that position as of the date of 

3 enactment of this subsection, the Secretary shall 

4 redesignate that position and the person serving 

5 in that position as having been part of the com6 petitive service as of the date that the person was 

7 hired into that position. 

8 ‘‘(B) PERSONS NO LONGER SERVING IN

9 ORIGINAL POSITIONS.—With respect to any per10 son who was hired pursuant to the program es11 tablished under subsection (a) that is no longer 

12 serving in that position as of the date of enact13 ment of this subsection— 

14 ‘‘(i) the person may provide to the Sec15 retary a request for redesignation of the 

16 service as part of the competitive service 

17 that includes evidence of the employment; 

18 and 

19 ‘‘(ii) not later than 90 days of the sub20 mission of a request under clause (i), the 

21 Secretary shall redesignate the service of the 

22 person as being part of the competitive serv23 ice.’’. 
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1 Subtitle C—Wolf Livestock Loss 

2 Demonstration Project 

3 SEC. 6201. DEFINITIONS. 

4 In this subtitle: 

5 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

6 the meaning given the term in section 4 of the Indian 

7 Self-Determination and Education Assistance Act (25 

8 U.S.C. 450b). 

9 (2) LIVESTOCK.—The term ‘‘livestock’’ means 

10 cattle, swine, horses, mules, sheep, goats, livestock 

11 guard animals, and other domestic animals, as deter12 mined by the Secretary. 

13 (3) PROGRAM.—The term ‘‘program’’ means the 

14 demonstration program established under section 

15 6202(a). 

16 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

17 means the Secretary of the Interior and the Secretary 

18 of Agriculture, acting jointly. 

19 SEC. 6202. WOLF COMPENSATION AND PREVENTION PRO20 GRAM. 

21 (a) IN GENERAL.—The Secretaries shall establish a 5- 

22 year demonstration program to provide grants to States 

23 and Indian tribes— 
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1 (1) to assist livestock producers in undertaking 

2 proactive, non-lethal activities to reduce the risk of 

3 livestock loss due to predation by wolves; and 

4 (2) to compensate livestock producers for live5 stock losses due to such predation. 

6 (b) CRITERIA AND REQUIREMENTS.—The Secretaries 

7 shall— 

8 (1) establish criteria and requirements to imple9 ment the program; and 

10 (2) when promulgating regulations to implement 

11 the program under paragraph (1), consult with States 

12 that have implemented State programs that provide 

13 assistance to— 

14 (A) livestock producers to undertake 

15 proactive activities to reduce the risk of livestock 

16 loss due to predation by wolves; or 

17 (B) provide compensation to livestock pro18 ducers for livestock losses due to such predation. 

19 (c) ELIGIBILITY.—To be eligible to receive a grant 

20 under subsection (a), a State or Indian tribe shall— 

21 (1) designate an appropriate agency of the State 

22 or Indian tribe to administer the 1 or more programs 

23 funded by the grant; 

24 (2) establish 1 or more accounts to receive grant 

25 funds; 
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1 (3) maintain files of all claims received under 

2 programs funded by the grant, including supporting 

3 documentation; 

4 (4) submit to the Secretary— 

5 (A) annual reports that include— 

6 (i) a summary of claims and expendi7 tures under the program during the year; 

8 and 

9 (ii) a description of any action taken 

10 on the claims; and 

11 (B) such other reports as the Secretary may 

12 require to assist the Secretary in determining the 

13 effectiveness of activities provided assistance 

14 under this section; and 

15 (5) promulgate rules for reimbursing livestock 

16 producers under the program. 

17 (d) ALLOCATION OF FUNDING.—The Secretaries shall 

18 allocate funding made available to carry out this subtitle— 

19 (1) equally between the uses identified in para20 graphs (1) and (2) of subsection (a); and 

21 (2) among States and Indian tribes based on— 

22 (A) the level of livestock predation in the 

23 State or on the land owned by, or held in trust 

24 for the benefit of, the Indian tribe; 
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1 (B) whether the State or Indian tribe is lo2 cated in a geographical area that is at high risk 

3 for livestock predation; or 

4 (C) any other factors that the Secretaries 

5 determine are appropriate. 

6 (e) ELIGIBLE LAND.—Activities and losses described in 

7 subsection (a) may occur on Federal, State, or private land, 

8 or land owned by, or held in trust for the benefit of, an 

9 Indian tribe. 

10 (f) FEDERAL COST SHARE.—The Federal share of the 

11 cost of any activity provided assistance made available 

12 under this subtitle shall not exceed 50 percent of the total 

13 cost of the activity. 

14 SEC. 6203. AUTHORIZATION OF APPROPRIATIONS. 

15 There is authorized to be appropriated to carry out 

16 this subtitle $1,000,000 for fiscal year 2009 and each fiscal 

17 year thereafter. 

18 Subtitle D—Paleontological 

19 Resources Preservation 

20 SEC. 6301. DEFINITIONS. 

21 In this subtitle: 

22 (1) CASUAL COLLECTING.—The term ‘‘casual col23 lecting’’ means the collecting of a reasonable amount 

24 of common invertebrate and plant paleontological re25 sources for non-commercial personal use, either by 
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1 surface collection or the use of non-powered hand tools 

2 resulting in only negligible disturbance to the Earth’s 

3 surface and other resources. As used in this para4 graph, the terms ‘‘reasonable amount’’, ‘‘common in5 vertebrate and plant paleontological resources’’ and 

6 ‘‘negligible disturbance’’ shall be determined by the 

7 Secretary. 

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

9 means— 

10 (A) land controlled or administered by the 

11 Secretary of the Interior, except Indian land; or 

12 (B) National Forest System land controlled 

13 or administered by the Secretary of Agriculture. 

14 (3) INDIAN LAND.—The term ‘‘Indian Land’’ 

15 means land of Indian tribes, or Indian individuals, 

16 which are either held in trust by the United States or 

17 subject to a restriction against alienation imposed by 

18 the United States. 

19 (4) PALEONTOLOGICAL RESOURCE.—The term 

20 ‘‘paleontological resource’’ means any fossilized re21 mains, traces, or imprints of organisms, preserved in 

22 or on the earth’s crust, that are of paleontological in23 terest and that provide information about the history 

24 of life on earth, except that the term does not in25 clude— 
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1 (A) any materials associated with an ar2 chaeological resource (as defined in section 3(1) 

3 of the Archaeological Resources Protection Act of 

4 1979 (16 U.S.C. 470bb(1)); or 

5 (B) any cultural item (as defined in section 

6 2 of the Native American Graves Protection and 

7 Repatriation Act (25 U.S.C. 3001)). 

8 (5) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior with respect to land con10 trolled or administered by the Secretary of the Inte11 rior or the Secretary of Agriculture with respect to 

12 National Forest System land controlled or adminis13 tered by the Secretary of Agriculture. 

14 (6) STATE.—The term ‘‘State’’ means the 50 

15 States, the District of Columbia, the Commonwealth 

16 of Puerto Rico, and any other territory or possession 

17 of the United States. 

18 SEC. 6302. MANAGEMENT. 

19 (a) IN GENERAL.—The Secretary shall manage and 

20 protect paleontological resources on Federal land using sci21 entific principles and expertise. The Secretary shall develop 

22 appropriate plans for inventory, monitoring, and the sci23 entific and educational use of paleontological resources, in 

24 accordance with applicable agency laws, regulations, and 

25 policies. These plans shall emphasize interagency coordina-
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1 tion and collaborative efforts where possible with non-Fed2 eral partners, the scientific community, and the general 

3 public. 

4 (b) COORDINATION.—To the extent possible, the Sec5 retary of the Interior and the Secretary of Agriculture shall 

6 coordinate in the implementation of this subtitle. 

7 SEC. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM. 

8 The Secretary shall establish a program to increase 

9 public awareness about the significance of paleontological 

10 resources. 

11 SEC. 6304. COLLECTION OF PALEONTOLOGICAL RE12 SOURCES. 

13 (a) PERMIT REQUIREMENT.— 

14 (1) IN GENERAL.—Except as provided in this 

15 subtitle, a paleontological resource may not be col16 lected from Federal land without a permit issued 

17 under this subtitle by the Secretary. 

18 (2) CASUAL COLLECTING EXCEPTION.—The Sec19 retary shall allow casual collecting without a permit 

20 on Federal land controlled or administered by the Bu21 reau of Land Management, the Bureau of Reclama22 tion, and the Forest Service, where such collection is 

23 consistent with the laws governing the management of 

24 those Federal land and this subtitle. 
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1 (3) PREVIOUS PERMIT EXCEPTION.—Nothing in 

2 this section shall affect a valid permit issued prior to 

3 the date of enactment of this Act. 

4 (b) CRITERIA FOR ISSUANCE OF A PERMIT.—The Sec5 retary may issue a permit for the collection of a paleon6 tological resource pursuant to an application if the Sec7 retary determines that— 

8 (1) the applicant is qualified to carry out the 

9 permitted activity; 

10 (2) the permitted activity is undertaken for the 

11 purpose of furthering paleontological knowledge or for 

12 public education; 

13 (3) the permitted activity is consistent with any 

14 management plan applicable to the Federal land con15 cerned; and 

16 (4) the proposed methods of collecting will not 

17 threaten significant natural or cultural resources. 

18 (c) PERMIT SPECIFICATIONS.—A permit for the collec19 tion of a paleontological resource issued under this section 

20 shall contain such terms and conditions as the Secretary 

21 deems necessary to carry out the purposes of this subtitle. 

22 Every permit shall include requirements that— 

23 (1) the paleontological resource that is collected 

24 from Federal land under the permit will remain the 

25 property of the United States; 
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1 (2) the paleontological resource and copies of as2 sociated records will be preserved for the public in an 

3 approved repository, to be made available for sci4 entific research and public education; and 

5 (3) specific locality data will not be released by 

6 the permittee or repository without the written per7 mission of the Secretary. 

8 (d) MODIFICATION, SUSPENSION, AND REVOCATION OF

9 PERMITS.— 

10 (1) The Secretary may modify, suspend, or re11 voke a permit issued under this section— 

12 (A) for resource, safety, or other manage13 ment considerations; or 

14 (B) when there is a violation of term or 

15 condition of a permit issued pursuant to this 

16 section. 

17 (2) The permit shall be revoked if any person 

18 working under the authority of the permit is con19 victed under section 6306 or is assessed a civil pen20 alty under section 6307. 

21 (e) AREA CLOSURES.—In order to protect paleontolog22 ical or other resources or to provide for public safety, the 

23 Secretary may restrict access to or close areas under the 

24 Secretary’s jurisdiction to the collection of paleontological 

25 resources. 
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1 SEC. 6305. CURATION OF RESOURCES. 

2 Any paleontological resource, and any data and 

3 records associated with the resource, collected under a per4 mit, shall be deposited in an approved repository. The Sec5 retary may enter into agreements with non-Federal reposi6 tories regarding the curation of these resources, data, and 

7 records. 

8 SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES. 

9 (a) IN GENERAL.—A person may not— 

10 (1) excavate, remove, damage, or otherwise alter 

11 or deface or attempt to excavate, remove, damage, or 

12 otherwise alter or deface any paleontological resources 

13 located on Federal land unless such activity is con14 ducted in accordance with this subtitle; 

15 (2) exchange, transport, export, receive, or offer 

16 to exchange, transport, export, or receive any paleon17 tological resource if the person knew or should have 

18 known such resource to have been excavated or re19 moved from Federal land in violation of any provi20 sions, rule, regulation, law, ordinance, or permit in 

21 effect under Federal law, including this subtitle; or 

22 (3) sell or purchase or offer to sell or purchase 

23 any paleontological resource if the person knew or 

24 should have known such resource to have been exca25 vated, removed, sold, purchased, exchanged, trans26 ported, or received from Federal land. 
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1 (b) FALSE LABELING OFFENSES.—A person may not 

2 make or submit any false record, account, or label for, or 

3 any false identification of, any paleontological resource ex4 cavated or removed from Federal land. 

5 (c) PENALTIES.—A person who knowingly violates or 

6 counsels, procures, solicits, or employs another person to 

7 violate subsection (a) or (b) shall, upon conviction, be fined 

8 in accordance with title 18, United States Code, or impris9 oned not more than 5 years, or both; but if the sum of the 

10 commercial and paleontological value of the paleontological 

11 resources involved and the cost of restoration and repair 

12 of such resources does not exceed $500, such person shall 

13 be fined in accordance with title 18, United States Code, 

14 or imprisoned not more than 2 years, or both. 

15 (d) MULTIPLE OFFENSES.—In the case of a second or 

16 subsequent violation by the same person, the amount of the 

17 penalty assessed under subsection (c) may be doubled. 

18 (e) GENERAL EXCEPTION.—Nothing in subsection (a) 

19 shall apply to any person with respect to any paleontolog20 ical resource which was in the lawful possession of such per21 son prior to the date of enactment of this Act. 

22 SEC. 6307. CIVIL PENALTIES. 

23 (a) IN GENERAL.— 

24 (1) HEARING.—A person who violates any prohi25 bition contained in an applicable regulation or per-
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1 mit issued under this subtitle may be assessed a pen2 alty by the Secretary after the person is given notice 

3 and opportunity for a hearing with respect to the vio4 lation. Each violation shall be considered a separate 

5 offense for purposes of this section. 

6 (2) AMOUNT OF PENALTY.—The amount of such 

7 penalty assessed under paragraph (1) shall be deter8 mined under regulations promulgated pursuant to 

9 this subtitle, taking into account the following factors: 

10 (A) The scientific or fair market value, 

11 whichever is greater, of the paleontological re12 source involved, as determined by the Secretary. 

13 (B) The cost of response, restoration, and 

14 repair of the resource and the paleontological site 

15 involved. 

16 (C) Any other factors considered relevant by 

17 the Secretary assessing the penalty. 

18 (3) MULTIPLE OFFENSES.—In the case of a sec19 ond or subsequent violation by the same person, the 

20 amount of a penalty assessed under paragraph (2) 

21 may be doubled. 

22 (4) LIMITATION.—The amount of any penalty 

23 assessed under this subsection for any 1 violation 

24 shall not exceed an amount equal to double the cost 

25 of response, restoration, and repair of resources and 
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1 paleontological site damage plus double the scientific 

2 or fair market value of resources destroyed or not re3 covered. 

4 (b) PETITION FOR JUDICIAL REVIEW; COLLECTION OF

5 UNPAID ASSESSMENTS.— 

6 (1) JUDICIAL REVIEW.—Any person against 

7 whom an order is issued assessing a penalty under 

8 subsection (a) may file a petition for judicial review 

9 of the order in the United States District Court for 

10 the District of Columbia or in the district in which 

11 the violation is alleged to have occurred within the 

12 30-day period beginning on the date the order making 

13 the assessment was issued. Upon notice of such filing, 

14 the Secretary shall promptly file such a certified copy 

15 of the record on which the order was issued. The court 

16 shall hear the action on the record made before the 

17 Secretary and shall sustain the action if it is sup18 ported by substantial evidence on the record consid19 ered as a whole. 

20 (2) FAILURE TO PAY.—If any person fails to pay 

21 a penalty under this section within 30 days— 

22 (A) after the order making assessment has 

23 become final and the person has not filed a peti24 tion for judicial review of the order in accord25 ance with paragraph (1); or 
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1 (B) after a court in an action brought in 

2 paragraph (1) has entered a final judgment up3 holding the assessment of the penalty, the Sec4 retary may request the Attorney General to in5 stitute a civil action in a district court of the 

6 United States for any district in which the per7 son if found, resides, or transacts business, to 

8 collect the penalty (plus interest at currently 

9 prevailing rates from the date of the final order 

10 or the date of the final judgment, as the case 

11 may be). The district court shall have jurisdic12 tion to hear and decide any such action. In such 

13 action, the validity, amount, and appropriate14 ness of such penalty shall not be subject to re15 view. Any person who fails to pay on a timely 

16 basis the amount of an assessment of a civil pen17 alty as described in the first sentence of this 

18 paragraph shall be required to pay, in addition 

19 to such amount and interest, attorneys fees and 

20 costs for collection proceedings. 

21 (c) HEARINGS.—Hearings held during proceedings in22 stituted under subsection (a) shall be conducted in accord23 ance with section 554 of title 5, United States Code. 

24 (d) USE OF RECOVERED AMOUNTS.—Penalties col25 lected under this section shall be available to the Secretary 
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1 and without further appropriation may be used only as fol2 lows: 

3 (1) To protect, restore, or repair the paleontolog4 ical resources and sites which were the subject of the 

5 action, and to protect, monitor, and study the re6 sources and sites. 

7 (2) To provide educational materials to the pub8 lic about paleontological resources and sites. 

9 (3) To provide for the payment of rewards as 

10 provided in section 6308. 

11 SEC. 6308. REWARDS AND FORFEITURE. 

12 (a) REWARDS.—The Secretary may pay from pen13 alties collected under section 6306 or 6307 or from appro14 priated funds— 

15 (1) consistent with amounts established in regu16 lations by the Secretary; or 

17 (2) if no such regulation exists, an amount up 

to 1 18 ⁄2 of the penalties, to any person who furnishes in19 formation which leads to the finding of a civil viola20 tion, or the conviction of criminal violation, with re21 spect to which the penalty was paid. If several per22 sons provided the information, the amount shall be 

23 divided among the persons. No officer or employee of 

24 the United States or of any State or local government 

25 who furnishes information or renders service in the 
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1 performance of his official duties shall be eligible for 

2 payment under this subsection. 

3 (b) FORFEITURE.—All paleontological resources with 

4 respect to which a violation under section 6306 or 6307 oc5 curred and which are in the possession of any person, shall 

6 be subject to civil forfeiture, or upon conviction, to criminal 

7 forfeiture. 

8 (c) TRANSFER OF SEIZED RESOURCES.—The Sec9 retary may transfer administration of seized paleontolog10 ical resources to Federal or non-Federal educational institu11 tions to be used for scientific or educational purposes. 

12 SEC. 6309. CONFIDENTIALITY. 

13 Information concerning the nature and specific loca14 tion of a paleontological resource shall be exempt from dis15 closure under section 552 of title 5, United States Code, and 

16 any other law unless the Secretary determines that disclo17 sure would— 

18 (1) further the purposes of this subtitle; 

19 (2) not create risk of harm to or theft or destruc20 tion of the resource or the site containing the resource; 

21 and 

22 (3) be in accordance with other applicable laws. 

23 SEC. 6310. REGULATIONS. 

24 As soon as practical after the date of enactment of this 

25 Act, the Secretary shall issue such regulations as are appro-
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1 priate to carry out this subtitle, providing opportunities for 

2 public notice and comment. 

3 SEC. 6311. SAVINGS PROVISIONS. 

4 Nothing in this subtitle shall be construed to— 

5 (1) invalidate, modify, or impose any additional 

6 restrictions or permitting requirements on any activi7 ties permitted at any time under the general mining 

8 laws, the mineral or geothermal leasing laws, laws 

9 providing for minerals materials disposal, or laws 

10 providing for the management or regulation of the ac11 tivities authorized by the aforementioned laws includ12 ing but not limited to the Federal Land Policy Man13 agement Act (43 U.S.C. 1701–1784), Public Law 94– 

14 429 (commonly known as the ‘‘Mining in the Parks 

15 Act’’) (16 U.S.C. 1901 et seq.), the Surface Mining 

16 Control and Reclamation Act of 1977 (30 U.S.C. 

17 1201–1358), and the Organic Administration Act (16 

18 U.S.C. 478, 482, 551); 

19 (2) invalidate, modify, or impose any additional 

20 restrictions or permitting requirements on any activi21 ties permitted at any time under existing laws and 

22 authorities relating to reclamation and multiple uses 

23 of Federal land; 
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1 (3) apply to, or require a permit for, casual col2 lecting of a rock, mineral, or invertebrate or plant 

3 fossil that is not protected under this subtitle; 

4 (4) affect any land other than Federal land or 

5 affect the lawful recovery, collection, or sale of paleon6 tological resources from land other than Federal land; 

7 (5) alter or diminish the authority of a Federal 

8 agency under any other law to provide protection for 

9 paleontological resources on Federal land in addition 

10 to the protection provided under this subtitle; or 

11 (6) create any right, privilege, benefit, or entitle12 ment for any person who is not an officer or employee 

13 of the United States acting in that capacity. No per14 son who is not an officer or employee of the United 

15 States acting in that capacity shall have standing to 

16 file any civil action in a court of the United States 

17 to enforce any provision or amendment made by this 

18 subtitle. 

19 SEC. 6312. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums as 

21 may be necessary to carry out this subtitle. 

22 Subtitle E—Izembek National 

23 Wildlife Refuge Land Exchange 

24 SEC. 6401. DEFINITIONS. 

25 In this subtitle: 
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1 (1) CORPORATION.—The term ‘‘Corporation’’ 

2 means the King Cove Corporation. 

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

4 means— 

5 (A) the approximately 206 acres of Federal 

6 land located within the Refuge, as generally de7 picted on the map; and 

8 (B) the approximately 1,600 acres of Fed9 eral land located on Sitkinak Island, as gen10 erally depicted on the map. 

11 (3) MAP.—The term ‘‘map’’ means each of— 

12 (A) the map entitled ‘‘Izembek and Alaska 

13 Peninsula National Wildlife Refuges’’ and dated 

14 September 2, 2008; and 

15 (B) the map entitled ‘‘Sitkinak Island– 

16 Alaska Maritime National Wildlife Refuge’’ and 

17 dated September 2, 2008. 

18 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed19 eral land’’ means— 

20 (A) the approximately 43,093 acres of land 

21 owned by the State, as generally depicted on the 

22 map; and 

23 (B) the approximately 13,300 acres of land 

24 owned by the Corporation (including approxi25 mately 5,430 acres of land for which the Cor-
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1 poration shall relinquish the selection rights of 

2 the Corporation under the Alaska Native Claims 

3 Settlement Act (43 U.S.C. 1601 et seq.) as part 

4 of the land exchange under section 6402(a)), as 

5 generally depicted on the map. 

6 (5) REFUGE.—The term ‘‘Refuge’’ means the 

7 Izembek National Wildlife Refuge. 

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

9 the Secretary of the Interior. 

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

11 of Alaska. 

12 (8) TRIBE.—The term ‘‘Tribe’’ means the 

13 Agdaagux Tribe of King Cove, Alaska. 

14 SEC. 6402. LAND EXCHANGE. 

15 (a) IN GENERAL.—Upon receipt of notification by the 

16 State and the Corporation of the intention of the State and 

17 the Corporation to exchange the non-Federal land for the 

18 Federal land, subject to the conditions and requirements de19 scribed in this subtitle, the Secretary may convey to the 

20 State all right, title, and interest of the United States in 

21 and to the Federal land. The Federal land within the Refuge 

22 shall be transferred for the purpose of constructing a single23 lane gravel road between the communities of King Cove and 

24 Cold Bay, Alaska. 
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1 (b) COMPLIANCE WITH NATIONAL ENVIRONMENTAL

2 POLICY ACT OF 1969 AND OTHER APPLICABLE LAWS.— 

3 (1) IN GENERAL.—In determining whether to 

4 carry out the land exchange under subsection (a), the 

5 Secretary shall— 

6 (A) comply with the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.); and 

9 (B) except as provided in subsection (c), 

10 comply with any other applicable law (including 

11 regulations). 

12 (2) ENVIRONMENTAL IMPACT STATEMENT.— 

13 (A) IN GENERAL.—Not later than 60 days 

14 after the date on which the Secretary receives no15 tification under subsection (a), the Secretary 

16 shall initiate the preparation of an environ17 mental impact statement required under the Na18 tional Environmental Policy Act of 1969 (42 

19 U.S.C. 4321 et seq.). 

20 (B) REQUIREMENTS.—The environmental 

21 impact statement prepared under subparagraph 

22 (A) shall contain— 

23 (i) an analysis of— 

24 (I) the proposed land exchange; 

25 and 
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1 (II) the potential construction and 

2 operation of a road between the com3 munities of King Cove and Cold Bay, 

4 Alaska; and 

5 (ii) an evaluation of a specific road 

6 corridor through the Refuge that is identi7 fied in consultation with the State, the City 

8 of King Cove, Alaska, and the Tribe. 

9 (3) COOPERATING AGENCIES.— 

10 (A) IN GENERAL.—During the preparation 

11 of the environmental impact statement under 

12 paragraph (2), each entity described in subpara13 graph (B) may participate as a cooperating 

14 agency. 

15 (B) AUTHORIZED ENTITIES.—An author16 ized entity may include— 

17 (i) any Federal agency that has per18 mitting jurisdiction over the road described 

19 in paragraph (2)(B)(i)(II); 

20 (ii) the State; 

21 (iii) the Aleutians East Borough of the 

22 State; 

23 (iv) the City of King Cove, Alaska; 

24 (v) the Tribe; and 
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1 (vi) the Alaska Migratory Bird Co2 Management Council. 

3 (c) VALUATION.—The conveyance of the Federal land 

4 and non-Federal land under this section shall not be subject 

5 to any requirement under any Federal law (including regu6 lations) relating to the valuation, appraisal, or equalization 

7 of land. 

8 (d) PUBLIC INTEREST DETERMINATION.— 

9 (1) CONDITIONS FOR LAND EXCHANGE.—Subject 

10 to paragraph (2), to carry out the land exchange 

11 under subsection (a), the Secretary shall determine 

12 that the land exchange (including the construction of 

13 a road between the City of King Cove, Alaska, and the 

14 Cold Bay Airport) is in the public interest. 

15 (2) LIMITATION OF AUTHORITY OF SEC16 RETARY.—The Secretary may not, as a condition for 

17 a finding that the land exchange is in the public in18 terest— 

19 (A) require the State or the Corporation to 

20 convey additional land to the United States; or 

21 (B) impose any restriction on the subsist22 ence uses (as defined in section 803 of the Alaska 

23 National Interest Lands Conservation Act (16 

24 U.S.C. 3113)) of waterfowl by rural residents of 

25 the State. 
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1 (e) KINZAROFF LAGOON.—The land exchange under 

2 subsection (a) shall not be carried out before the date on 

3 which the parcel of land owned by the State that is located 

4 in the Kinzaroff Lagoon has been designated by the State 

5 as a State refuge, in accordance with the applicable laws 

6 (including regulations) of the State. 

7 (f) DESIGNATION OF ROAD CORRIDOR.—In desig8 nating the road corridor described in subsection 

9 (b)(2)(B)(ii), the Secretary shall— 

10 (1) minimize the adverse impact of the road cor11 ridor on the Refuge; 

12 (2) transfer the minimum acreage of Federal 

13 land that is required for the construction of the road 

14 corridor; and 

15 (3) to the maximum extent practicable, incor16 porate into the road corridor roads that are in exist17 ence as of the date of enactment of this Act. 

18 (g) ADDITIONAL TERMS AND CONDITIONS.—The land 

19 exchange under subsection (a) shall be subject to any other 

20 term or condition that the Secretary determines to be nec21 essary. 

22 SEC. 6403. KING COVE ROAD. 

23 (a) REQUIREMENTS RELATING TO USE, BARRIER CA24 BLES, AND DIMENSIONS.— 

25 (1) LIMITATIONS ON USE.— 
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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), any portion of the road con3 structed on the Federal land conveyed pursuant 

4 to this subtitle shall be used primarily for health 

5 and safety purposes (including access to and 

6 from the Cold Bay Airport) and only for non7 commercial purposes. 

8 (B) EXCEPTIONS.—Notwithstanding sub9 paragraph (A), the use of taxis, commercial vans 

10 for public transportation, and shared rides 

11 (other than organized transportation of employ12 ees to a business or other commercial facility) 

13 shall be allowed on the road described in sub14 paragraph (A). 

15 (C) REQUIREMENT OF AGREEMENT.—The 

16 limitations of the use of the road described in 

17 this paragraph shall be enforced in accordance 

18 with an agreement entered into between the Sec19 retary and the State. 

20 (2) REQUIREMENT OF BARRIER CABLE.—The 

21 road described in paragraph (1)(A) shall be con22 structed to include a cable barrier on each side of the 

23 road, as described in the record of decision entitled 

24 ‘‘Mitigation Measure MM–11, King Cove Access 

25 Project Final Environmental Impact Statement 
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1 Record of Decision’’ and dated January 22, 2004, un2 less a different type barrier is required as a mitiga3 tion measure in the Record of Decision for Final En4 vironmental Impact Statement required in section 

5 6402(b)(2). 

6 (3) REQUIRED DIMENSIONS AND DESIGN FEA7 TURES.—The road described in paragraph (1)(A) 

8 shall— 

9 (A) have a width of not greater than a sin10 gle lane, in accordance with the applicable road 

11 standards of the State; 

12 (B) be constructed with gravel; 

13 (C) be constructed to comply with any spe14 cific design features identified in the Record of 

15 Decision for Final Environmental Impact State16 ment required in section 6402(b)(2) as Mitiga17 tion Measures relative to the passage and migra18 tion of wildlife, and also the exchange of tidal 

19 flows, where applicable, in accordance with ap20 plicable Federal and State design standards; and 

21 (D) if determined to be necessary, be con22 structed to include appropriate safety pullouts. 

23 (b) SUPPORT FACILITIES.—Support facilities for the 

24 road described in subsection (a)(1)(A) shall not be located 

25 within the Refuge. 
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1 (c) FEDERAL PERMITS.—It is the intent of Congress 

2 that any Federal permit required for construction of the 

3 road be issued or denied not later than 1 year after the 

4 date of application for the permit. 

5 (d) APPLICABLE LAW.—Nothing in this section 

6 amends, or modifies the application of, section 1110 of the 

7 Alaska National Interest Lands Conservation Act (16 

8 U.S.C. 3170). 

9 (e) MITIGATION PLAN.— 

10 (1) IN GENERAL.—Based on the evaluation of 

11 impacts determined through the completion of the en12 vironmental impact statement under section 

13 6402(b)(2), the Secretary, in consultation with the en14 tities described in section 6402(b)(3)(B), shall develop 

15 an enforceable mitigation plan. 

16 (2) CORRECTIVE MODIFICATIONS.—The Secretary 

17 may make corrective modifications to the mitigation 

18 plan developed under paragraph (1) if— 

19 (A) the mitigation standards required under 

20 the mitigation plan are maintained; and 

21 (B) the Secretary provides an opportunity 

22 for public comment with respect to any proposed 

23 corrective modification. 

24 (3) AVOIDANCE OF WILDLIFE IMPACTS.—Road 

25 construction shall adhere to any specific mitigation 
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1 measures included in the Record of Decision for Final 

2 Environmental Impact Statement required in section 

3 6402(b)(2) that— 

4 (A) identify critical periods during the cal5 endar year when the refuge is utilized by wild6 life, especially migratory birds; and 

7 (B) include specific mandatory strategies to 

8 alter, limit or halt construction activities during 

9 identified high risk periods in order to minimize 

10 impacts to wildlife, and 

11 (C) allow for the timely construction of the 

12 road. 

13 (4) MITIGATION OF WETLAND LOSS.—The plan 

14 developed under this subsection shall comply with sec15 tion 404 of the Federal Water Pollution Control Act 

16 (33 U.S.C. 1344) with regard to minimizing, to the 

17 greatest extent practicable, the filling, fragmentation 

18 or loss of wetlands, especially intertidal wetlands, and 

19 shall evaluate mitigating effect of those wetlands 

20 transferred in Federal ownership under the provisions 

21 of this subtitle. 

22 SEC. 6404. ADMINISTRATION OF CONVEYED LANDS. 

23 (1) FEDERAL LAND.—Upon completion of the 

24 land exchange under section 6402(a)— 
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1 (A) the boundary of the land designated as 

2 wilderness within the Refuge shall be modified to 

3 exclude the Federal land conveyed to the State 

4 under the land exchange; and 

5 (B) the Federal land located on Sitkinak Is6 land that is withdrawn for use by the Coast 

7 Guard shall, at the request of the State, be trans8 ferred by the Secretary to the State upon the re9 linquishment or termination of the withdrawal. 

10 (2) NON-FEDERAL LAND.—Upon completion of 

11 the land exchange under section 6402(a), the non-Fed12 eral land conveyed to the United States under this 

13 subtitle shall be— 

14 (A) added to the Refuge or the Alaska Pe15 ninsula National Wildlife Refuge, as appro16 priate, as generally depicted on the map; and 

17 (B) administered in accordance with the 

18 laws generally applicable to units of the Na19 tional Wildlife Refuge System. 

20 (3) WILDERNESS ADDITIONS.— 

21 (A) IN GENERAL.—Upon completion of the 

22 land exchange under section 6402(a), approxi23 mately 43,093 acres of land as generally depicted 

24 on the map shall be added to— 
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1 (i) the Izembek National Wildlife Ref2 uge Wilderness; or 

3 (ii) the Alaska Peninsula National 

4 Wildlife Refuge Wilderness. 

5 (B) ADMINISTRATION.—The land added as 

6 wilderness under subparagraph (A) shall be ad7 ministered by the Secretary in accordance with 

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

9 other applicable laws (including regulations). 

10 SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION. 

11 (a) NOTIFICATION TO VOID LAND EXCHANGE.—If the 

12 Secretary, the State, and the Corporation enter into the 

13 land exchange authorized under section 6402(a), the State 

14 or the Corporation may notify the Secretary in writing of 

15 the intention of the State or Corporation to void the ex16 change if construction of the road through the Refuge has 

17 not begun. 

18 (b) DISPOSITION OF LAND EXCHANGE.—Upon the lat19 ter of the date on which the Secretary receives a request 

20 under subsection (a), and the date on which the Secretary 

21 determines that the Federal land conveyed under the land 

22 exchange under section 6402(a) has not been adversely im23 pacted (other than any nominal impact associated with the 

24 preparation of an environmental impact statement under 
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1 section 6402(b)(2)), the land exchange shall be null and 

2 void. 

3 (c) RETURN OF PRIOR OWNERSHIP STATUS OF FED4 ERAL AND NON-FEDERAL LAND.—If the land exchange is 

5 voided under subsection (b)— 

6 (1) the Federal land and non-Federal land shall 

7 be returned to the respective ownership status of each 

8 land prior to the land exchange; 

9 (2) the parcel of the Federal land that is located 

10 in the Refuge shall be managed as part of the Izembek 

11 National Wildlife Refuge Wilderness; and 

12 (3) each selection of the Corporation under the 

13 Alaska Native Claims Settlement Act (43 U.S.C. 1601 

14 et seq.) that was relinquished under this subtitle shall 

15 be reinstated. 

16 SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY. 

17 (a) IN GENERAL.—Any legislative authority for con18 struction of a road shall expire at the end of the 7-year 

19 period beginning on the date of the enactment of this sub20 title unless a construction permit has been issued during 

21 that period. 

22 (b) EXTENSION OF AUTHORITY.—If a construction 

23 permit is issued within the allotted period, the 7-year au24 thority shall be extended for a period of 5 additional years 

25 beginning on the date of issuance of the construction permit. 
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1 (c) EXTENSION OF AUTHORITY AS RESULT OF LEGAL

2 CHALLENGES.— 

3 (1) IN GENERAL.—Prior to the issuance of a con4 struction permit, if a lawsuit or administrative ap5 peal is filed challenging the land exchange or con6 struction of the road (including a challenge to the 

7 NEPA process, decisions, or any required permit 

8 process required to complete construction of the road), 

9 the 7-year deadline or the five-year extension period, 

10 as appropriate, shall be extended for a time period 

11 equivalent to the time consumed by the full adjudica12 tion of the legal challenge or related administrative 

13 process. 

14 (2) INJUNCTION.—After a construction permit 

15 has been issued, if a court issues an injunction 

16 against construction of the road, the 7-year deadline 

17 or 5-year extension, as appropriate, shall be extended 

18 for a time period equivalent to time period that the 

19 injunction is in effect. 

20 (d) APPLICABILITY OF SECTION 6405.—Upon the expi21 ration of the legislative authority under this section, if a 

22 road has not been constructed, the land exchange shall be 

23 null and void and the land ownership shall revert to the 

24 respective ownership status prior to the land exchange as 

25 provided in section 6405. 
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1 TITLE VII—NATIONAL PARK 

2 SERVICE AUTHORIZATIONS 

3 Subtitle A—Additions to the 

4 National Park System 

5 SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTORICAL 

6 PARK, NEW JERSEY. 

7 (a) DEFINITIONS.—In this section: 

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

9 Paterson, New Jersey. 

10 (2) COMMISSION.—The term ‘‘Commission’’ 

11 means the Paterson Great Falls National Historical 

12 Park Advisory Commission established by subsection 

13 (e)(1). 

14 (3) HISTORIC DISTRICT.—The term ‘‘Historic 

15 District’’ means the Great Falls Historic District in 

16 the State. 

17 (4) MANAGEMENT PLAN.—The term ‘‘manage18 ment plan’’ means the management plan for the Park 

19 developed under subsection (d). 

20 (5) MAP.—The term ‘‘Map’’ means the map enti21 tled ‘‘Paterson Great Falls National Historical Park– 

22 Proposed Boundary’’, numbered T03/80,001, and 

23 dated May 2008. 
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1 (6) PARK.—The term ‘‘Park’’ means the 

2 Paterson Great Falls National Historical Park estab3 lished by subsection (b)(1)(A). 

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

5 the Secretary of the Interior. 

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

7 of New Jersey. 

8 (b) PATERSON GREAT FALLS NATIONAL HISTORICAL

9 PARK.— 

10 (1) ESTABLISHMENT.— 

11 (A) IN GENERAL.—Subject to subparagraph 

12 (B), there is established in the State a unit of the 

13 National Park System to be known as the 

14 ‘‘Paterson Great Falls National Historical 

15 Park’’. 

16 (B) CONDITIONS FOR ESTABLISHMENT.— 

17 The Park shall not be established until the date 

18 on which the Secretary determines that— 

19 (i)(I) the Secretary has acquired suffi20 cient land or an interest in land within the 

21 boundary of the Park to constitute a man22 ageable unit; or 

23 (II) the State or City, as appropriate, 

24 has entered into a written agreement with 

25 the Secretary to donate— 
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1 (aa) the Great Falls State Park, 

2 including facilities for Park adminis3 tration and visitor services; or 

4 (bb) any portion of the Great 

5 Falls State Park agreed to between the 

6 Secretary and the State or City; and 

7 (ii) the Secretary has entered into a 

8 written agreement with the State, City, or 

9 other public entity, as appropriate, pro10 viding that— 

11 (I) land owned by the State, City, 

12 or other public entity within the His13 toric District will be managed con14 sistent with this section; and 

15 (II) future uses of land within the 

16 Historic District will be compatible 

17 with the designation of the Park. 

18 (2) PURPOSE.—The purpose of the Park is to 

19 preserve and interpret for the benefit of present and 

20 future generations certain historical, cultural, and 

21 natural resources associated with the Historic Dis22 trict. 

23 (3) BOUNDARIES.—The Park shall include the 

24 following sites, as generally depicted on the Map: 

25 (A) The upper, middle, and lower raceways. 
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1 (B) Mary Ellen Kramer (Great Falls) Park 

2 and adjacent land owned by the City. 

3 (C) A portion of Upper Raceway Park, in4 cluding the Ivanhoe Wheelhouse and the Society 

5 for Establishing Useful Manufactures Gatehouse. 

6 (D) Overlook Park and adjacent land, in7 cluding the Society for Establishing Useful Man8 ufactures Hydroelectric Plant and Administra9 tion Building. 

10 (E) The Allied Textile Printing site, includ11 ing the Colt Gun Mill ruins, Mallory Mill ruins, 

12 Waverly Mill ruins, and Todd Mill ruins. 

13 (F) The Rogers Locomotive Company Erect14 ing Shop, including the Paterson Museum. 

15 (G) The Great Falls Visitor Center. 

16 (4) AVAILABILITY OF MAP.—The Map shall be on 

17 file and available for public inspection in the appro18 priate offices of the National Park Service. 

19 (5) PUBLICATION OF NOTICE.—Not later than 60 

20 days after the date on which the conditions in clauses 

21 (i) and (ii) of paragraph (1)(B) are satisfied, the Sec22 retary shall publish in the Federal Register notice of 

23 the establishment of the Park, including an official 

24 boundary map for the Park. 

25 (c) ADMINISTRATION.— 
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1 (1) IN GENERAL.—The Secretary shall admin2 ister the Park in accordance with— 

3 (A) this section; and 

4 (B) the laws generally applicable to units of 

5 the National Park System, including— 

6 (i) the National Park Service Organic 

7 Act (16 U.S.C. 1 et seq.); and 

8 (ii) the Act of August 21, 1935 (16 

9 U.S.C. 461 et seq.). 

10 (2) STATE AND LOCAL JURISDICTION.—Nothing 

11 in this section enlarges, diminishes, or modifies any 

12 authority of the State, or any political subdivision of 

13 the State (including the City)— 

14 (A) to exercise civil and criminal jurisdic15 tion; or 

16 (B) to carry out State laws (including regu17 lations) and rules on non-Federal land located 

18 within the boundary of the Park. 

19 (3) COOPERATIVE AGREEMENTS.— 

20 (A) IN GENERAL.—As the Secretary deter21 mines to be appropriate to carry out this section, 

22 the Secretary may enter into cooperative agree23 ments with the owner of the Great Falls Visitor 

24 Center or any nationally significant properties 

25 within the boundary of the Park under which the 
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1 Secretary may identify, interpret, restore, and 

2 provide technical assistance for the preservation 

3 of the properties. 

4 (B) RIGHT OF ACCESS.—A cooperative 

5 agreement entered into under subparagraph (A) 

6 shall provide that the Secretary, acting through 

7 the Director of the National Park Service, shall 

8 have the right of access at all reasonable times 

9 to all public portions of the property covered by 

10 the agreement for the purposes of— 

11 (i) conducting visitors through the 

12 properties; and 

13 (ii) interpreting the properties for the 

14 public. 

15 (C) CHANGES OR ALTERATIONS.—No 

16 changes or alterations shall be made to any 

17 properties covered by a cooperative agreement 

18 entered into under subparagraph (A) unless the 

19 Secretary and the other party to the agreement 

20 agree to the changes or alterations. 

21 (D) CONVERSION, USE, OR DISPOSAL.—Any 

22 payment made by the Secretary under this para23 graph shall be subject to an agreement that the 

24 conversion, use, or disposal of a project for pur25 poses contrary to the purposes of this section, as 
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1 determined by the Secretary, shall entitle the 

2 United States to reimbursement in amount equal 

3 to the greater of— 

4 (i) the amounts made available to the 

5 project by the United States; or 

6 (ii) the portion of the increased value 

7 of the project attributable to the amounts 

8 made available under this paragraph, as 

9 determined at the time of the conversion, 

10 use, or, disposal. 

11 (E) MATCHING FUNDS.— 

12 (i) IN GENERAL.—As a condition of the 

13 receipt of funds under this paragraph, the 

14 Secretary shall require that any Federal 

15 funds made available under a cooperative 

16 agreement shall be matched on a 1-to-1 

17 basis by non-Federal funds. 

18 (ii) FORM.—With the approval of the 

19 Secretary, the non-Federal share required 

20 under clause (i) may be in the form of do21 nated property, goods, or services from a 

22 non-Federal source. 

23 (4) ACQUISITION OF LAND.— 

24 (A) IN GENERAL.—The Secretary may ac25 quire land or interests in land within the bound-
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1 ary of the Park by donation, purchase from a 

2 willing seller with donated or appropriated 

3 funds, or exchange. 

4 (B) DONATION OF STATE OWNED LAND.— 

5 Land or interests in land owned by the State or 

6 any political subdivision of the State may only 

7 be acquired by donation. 

8 (5) TECHNICAL ASSISTANCE AND PUBLIC INTER9 PRETATION.—The Secretary may provide technical 

10 assistance and public interpretation of related his11 toric and cultural resources within the boundary of 

12 the Historic District. 

13 (d) MANAGEMENT PLAN.— 

14 (1) IN GENERAL.—Not later than 3 fiscal years 

15 after the date on which funds are made available to 

16 carry out this subsection, the Secretary, in consulta17 tion with the Commission, shall complete a manage18 ment plan for the Park in accordance with— 

19 (A) section 12(b) of Public Law 91–383 

20 (commonly known as the ‘‘National Park Service 

21 General Authorities Act’’) (16 U.S.C. 1a–7(b)); 

22 and 

23 (B) other applicable laws. 

24 (2) COST SHARE.—The management plan shall 

25 include provisions that identify costs to be shared by 
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1 the Federal Government, the State, and the City, and 

2 other public or private entities or individuals for nec3 essary capital improvements to, and maintenance 

4 and operations of, the Park. 

5 (3) SUBMISSION TO CONGRESS.—On completion 

6 of the management plan, the Secretary shall submit 

7 the management plan to— 

8 (A) the Committee on Energy and Natural 

9 Resources of the Senate; and 

10 (B) the Committee on Natural Resources of 

11 the House of Representatives. 

12 (e) PATERSON GREAT FALLS NATIONAL HISTORICAL

13 PARK ADVISORY COMMISSION.— 

14 (1) ESTABLISHMENT.—There is established a 

15 commission to be known as the ‘‘Paterson Great Falls 

16 National Historical Park Advisory Commission’’. 

17 (2) DUTIES.—The duties of the Commission shall 

18 be to advise the Secretary in the development and im19 plementation of the management plan. 

20 (3) MEMBERSHIP.— 

21 (A) COMPOSITION.—The Commission shall 

22 be composed of 9 members, to be appointed by 

23 the Secretary, of whom— 
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1 (i) 4 members shall be appointed after 

2 consideration of recommendations submitted 

3 by the Governor of the State; 

4 (ii) 2 members shall be appointed after 

5 consideration of recommendations submitted 

6 by the City Council of Paterson, New Jer7 sey; 

8 (iii) 1 member shall be appointed after 

9 consideration of recommendations submitted 

10 by the Board of Chosen Freeholders of Pas11 saic County, New Jersey; and 

12 (iv) 2 members shall have experience 

13 with national parks and historic preserva14 tion. 

15 (B) INITIAL APPOINTMENTS.—The Secretary 

16 shall appoint the initial members of the Commis17 sion not later than the earlier of— 

18 (i) the date that is 30 days after the 

19 date on which the Secretary has received all 

20 of the recommendations for appointments 

21 under subparagraph (A); or 

22 (ii) the date that is 30 days after the 

23 Park is established in accordance with sub24 section (b). 

25 (4) TERM; VACANCIES.— 
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1 (A) TERM.— 

2 (i) IN GENERAL.—A member shall be 

3 appointed for a term of 3 years. 

4 (ii) REAPPOINTMENT.—A member may 

5 be reappointed for not more than 1 addi6 tional term. 

7 (B) VACANCIES.—A vacancy on the Com8 mission shall be filled in the same manner as the 

9 original appointment was made. 

10 (5) MEETINGS.—The Commission shall meet at 

11 the call of— 

12 (A) the Chairperson; or 

13 (B) a majority of the members of the Com14 mission. 

15 (6) QUORUM.—A majority of the Commission 

16 shall constitute a quorum. 

17 (7) CHAIRPERSON AND VICE CHAIRPERSON.— 

18 (A) IN GENERAL.—The Commission shall 

19 select a Chairperson and Vice Chairperson from 

20 among the members of the Commission. 

21 (B) VICE CHAIRPERSON.—The Vice Chair22 person shall serve as Chairperson in the absence 

23 of the Chairperson. 
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1 (C) TERM.—A member may serve as Chair2 person or Vice Chairman for not more than 1 

3 year in each office. 

4 (8) COMMISSION PERSONNEL MATTERS.— 

5 (A) COMPENSATION OF MEMBERS.— 

6 (i) IN GENERAL.—Members of the 

7 Commission shall serve without compensa8 tion. 

9 (ii) TRAVEL EXPENSES.—Members of 

10 the Commission shall be allowed travel ex11 penses, including per diem in lieu of sub12 sistence, at rates authorized for an employee 

13 of an agency under subchapter I of chapter 

14 57 of title 5, United States Code, while 

15 away from the home or regular place of 

16 business of the member in the performance 

17 of the duties of the Commission. 

18 (B) STAFF.— 

19 (i) IN GENERAL.—The Secretary shall 

20 provide the Commission with any staff 

21 members and technical assistance that the 

22 Secretary, after consultation with the Com23 mission, determines to be appropriate to en24 able the Commission to carry out the duties 

25 of the Commission. 
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1 (ii) DETAIL OF EMPLOYEES.—The Sec2 retary may accept the services of personnel 

3 detailed from— 

4 (I) the State; 

5 (II) any political subdivision of 

6 the State; or 

7 (III) any entity represented on 

8 the Commission. 

9 (9) FACA NONAPPLICABILITY.—Section 14(b) of 

10 the Federal Advisory Committee Act (5 U.S.C. App.) 

11 shall not apply to the Commission. 

12 (10) TERMINATION.—The Commission shall ter13 minate 10 years after the date of enactment of this 

14 Act. 

15 (f) STUDY OF HINCHLIFFE STADIUM.— 

16 (1) IN GENERAL.—Not later than 3 fiscal years 

17 after the date on which funds are made available to 

18 carry out this section, the Secretary shall complete a 

19 study regarding the preservation and interpretation 

20 of Hinchliffe Stadium, which is listed on the National 

21 Register of Historic Places. 

22 (2) INCLUSIONS.—The study shall include an as23 sessment of— 

24 (A) the potential for listing the stadium as 

25 a National Historic Landmark; and 
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1 (B) options for maintaining the historic in2 tegrity of Hinchliffe Stadium. 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated such sums as are necessary 

5 to carry out this section. 

6 SEC. 7002. WILLIAM JEFFERSON CLINTON BIRTHPLACE 

7 HOME NATIONAL HISTORIC SITE. 

8 (a) ACQUISITION OF PROPERTY; ESTABLISHMENT OF

9 HISTORIC SITE.—Should the Secretary of the Interior ac10 quire, by donation only from the Clinton Birthplace Foun11 dation, Inc., fee simple, unencumbered title to the William 

12 Jefferson Clinton Birthplace Home site located at 117 

13 South Hervey Street, Hope, Arkansas, 71801, and to any 

14 personal property related to that site, the Secretary shall 

15 designate the William Jefferson Clinton Birthplace Home 

16 site as a National Historic Site and unit of the National 

17 Park System, to be known as the ‘‘President William Jeffer18 son Clinton Birthplace Home National Historic Site’’. 

19 (b) APPLICABILITY OF OTHER LAWS.—The Secretary 

20 shall administer the President William Jefferson Clinton 

21 Birthplace Home National Historic Site in accordance with 

22 the laws generally applicable to national historic sites, in23 cluding the Act entitled ‘‘An Act to establish a National 

24 Park Service, and for other purposes’’, approved August 25, 

25 1916 (16 U.S.C. 1–4), and the Act entitled ‘‘An Act to pro-
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1 vide for the preservation of historic American sites, build2 ings, objects and antiquities of national significance, and 

3 for other purposes’’, approved August 21, 1935 (16 U.S.C. 

4 461 et seq.). 

5 SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK. 

6 (a) ESTABLISHMENT.— 

7 (1) IN GENERAL.—If Monroe County or Wayne 

8 County, Michigan, or other willing landowners in ei9 ther County offer to donate to the United States land 

10 relating to the Battles of the River Raisin on Janu11 ary 18 and 22, 1813, or the aftermath of the battles, 

12 the Secretary of the Interior (referred to in this sec13 tion as the ‘‘Secretary’’) shall accept the donated 

14 land. 

15 (2) DESIGNATION OF PARK.—On the acquisition 

16 of land under paragraph (1) that is of sufficient acre17 age to permit efficient administration, the Secretary 

18 shall designate the acquired land as a unit of the Na19 tional Park System, to be known as the ‘‘River Rai20 sin National Battlefield Park’’ (referred to in this sec21 tion as the ‘‘Park’’). 

22 (3) LEGAL DESCRIPTION.— 

23 (A) IN GENERAL.—The Secretary shall pre24 pare a legal description of the land and interests 
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1 in land designated as the Park by paragraph 

2 (2). 

3 (B) AVAILABILITY OF MAP AND LEGAL DE4 SCRIPTION.—A map with the legal description 

5 shall be on file and available for public inspec6 tion in the appropriate offices of the National 

7 Park Service. 

8 (b) ADMINISTRATION.— 

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

10 the Park for the purpose of preserving and inter11 preting the Battles of the River Raisin in accordance 

12 with the National Park Service Organic Act (16 

13 U.S.C. 1 et seq.) and the Act of August 21, 1935 (16 

14 U.S.C. 461 et seq.). 

15 (2) GENERAL MANAGEMENT PLAN.— 

16 (A) IN GENERAL.—Not later than 3 years 

17 after the date on which funds are made avail18 able, the Secretary shall complete a general man19 agement plan for the Park that, among other 

20 things, defines the role and responsibility of the 

21 Secretary with regard to the interpretation and 

22 the preservation of the site. 

23 (B) CONSULTATION.—The Secretary shall 

24 consult with and solicit advice and recommenda25 tions from State, county, local, and civic organi-
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1 zations and leaders, and other interested parties 

2 in the preparation of the management plan. 

3 (C) INCLUSIONS.—The plan shall include— 

4 (i) consideration of opportunities for 

5 involvement by and support for the Park by 

6 State, county, and local governmental enti7 ties and nonprofit organizations and other 

8 interested parties; and 

9 (ii) steps for the preservation of the re10 sources of the site and the costs associated 

11 with these efforts. 

12 (D) SUBMISSION TO CONGRESS.—On the 

13 completion of the general management plan, the 

14 Secretary shall submit a copy of the plan to the 

15 Committee on Natural Resources of the House of 

16 Representatives and the Committee on Energy 

17 and Natural Resources of the Senate. 

18 (3) COOPERATIVE AGREEMENTS.—The Secretary 

19 may enter into cooperative agreements with State, 

20 county, local, and civic organizations to carry out 

21 this section. 

22 (c) REPORT.—Not later than 3 years after the date of 

23 enactment of this Act, the Secretary shall submit to the 

24 Committee on Energy and Natural Resources of the Senate 

25 and the Committee on Natural Resources of the House a 
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1 report describing the progress made with respect to acquir2 ing real property under this section and designating the 

3 River Raisin National Battlefield Park. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

5 authorized to be appropriated such sums as are necessary 

6 to carry out this section. 

7 Subtitle B—Amendments to Exist8 ing Units of the National Park 

9 System 

10 SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTOR11 ICAL PARK. 

12 (a) ACQUISITION OF PROPERTY.—Section 4 of Public 

13 Law 102–543 (16 U.S.C. 410yy–3) is amended by striking 

14 subsection (d). 

15 (b) MATCHING FUNDS.—Section 8(b) of Public Law 

16 102–543 (16 U.S.C. 410yy–7(b)) is amended by striking 

17 ‘‘$4’’ and inserting ‘‘$1’’. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 10 

19 of Public Law 102–543 (16 U.S.C. 410yy–9) is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘$25,000,000’’ and inserting 

22 ‘‘$50,000,000’’; and 

23 (B) by striking ‘‘$3,000,000’’ and inserting 

24 ‘‘$25,000,000’’; and 
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1 (2) in subsection (b), by striking ‘‘$100,000’’ and 

2 all that follows through ‘‘those duties’’ and inserting 

3 ‘‘$250,000’’. 

4 SEC. 7102. LOCATION OF VISITOR AND ADMINISTRATIVE FA5 CILITIES FOR WEIR FARM NATIONAL HIS6 TORIC SITE. 

7 Section 4(d) of the Weir Farm National Historic Site 

8 Establishment Act of 1990 (16 U.S.C. 461 note) is amend9 ed— 

10 (1) in paragraph (1)(B), by striking ‘‘contiguous 

11 to’’ and all that follows and inserting ‘‘within Fair12 field County.’’; 

13 (2) by amending paragraph (2) to read as fol14 lows: 

15 ‘‘(2) DEVELOPMENT.— 

16 ‘‘(A) MAINTAINING NATURAL CHARACTER.— 

17 The Secretary shall keep development of the 

18 property acquired under paragraph (1) to a 

19 minimum so that the character of the acquired 

20 property will be similar to the natural and un21 developed landscape of the property described in 

22 subsection (b). 

23 ‘‘(B) TREATMENT OF PREVIOUSLY DEVEL24 OPED PROPERTY.—Nothing in subparagraph (A) 

25 shall either prevent the Secretary from acquiring 
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1 property under paragraph (1) that, prior to the 

2 Secretary’s acquisition, was developed in a man3 ner inconsistent with subparagraph (A), or re4 quire the Secretary to remediate such previously 

5 developed property to reflect the natural char6 acter described in subparagraph (A).’’; and 

7 (3) in paragraph (3), in the matter preceding 

8 subparagraph (A), by striking ‘‘the appropriate zon9 ing authority’’ and all that follows through ‘‘Wilton, 

10 Connecticut,’’ and inserting ‘‘the local governmental 

11 entity that, in accordance with applicable State law, 

12 has jurisdiction over any property acquired under 

13 paragraph (1)(A)’’. 

14 SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE 

15 BOUNDARY EXPANSION. 

16 Section 2 of the Little River Canyon National Preserve 

17 Act of 1992 (16 U.S.C. 698q) is amended— 

18 (1) in subsection (b)— 

19 (A) by striking ‘‘The Preserve’’ and insert20 ing the following: 

21 ‘‘(1) IN GENERAL.—The Preserve’’; and 

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

23 ‘‘(2) BOUNDARY EXPANSION.—The boundary of 

24 the Preserve is modified to include the land depicted 

25 on the map entitled ‘Little River Canyon National 
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1 Preserve Proposed Boundary’, numbered 152/80,004, 

2 and dated December 2007.’’; and 

3 (2) in subsection (c), by striking ‘‘map’’ and in4 serting ‘‘maps’’. 

5 SEC. 7104. HOPEWELL CULTURE NATIONAL HISTORICAL 

6 PARK BOUNDARY EXPANSION. 

7 Section 2 of the Act entitled ‘‘An Act to rename and 

8 expand the boundaries of the Mound City Group National 

9 Monument in Ohio’’, approved May 27, 1992 (106 Stat. 

10 185), is amended— 

11 (1) by striking ‘‘and’’ at the end of subsection 

12 (a)(3); 

13 (2) by striking the period at the end of sub14 section (a)(4) and inserting ‘‘; and’’; 

15 (3) by adding after subsection (a)(4) the fol16 lowing new paragraph: 

17 ‘‘(5) the map entitled ‘Hopewell Culture Na18 tional Historical Park, Ohio Proposed Boundary Ad19 justment’ numbered 353/80,049 and dated June, 

20 2006.’’; and 

21 (4) by adding after subsection (d)(2) the fol22 lowing new paragraph: 

23 ‘‘(3) The Secretary may acquire lands added by 

24 subsection (a)(5) only from willing sellers.’’. 
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1 SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND 

2 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 twenty 

6 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 Lafitte 

11 National Historical Park and Preserve’, numbered 467/ 

12 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 insert19 ing the following: 

20 ‘‘(a) IN GENERAL.— 

21 ‘‘(1) BARATARIA PRESERVE UNIT.— 

22 ‘‘(A) IN GENERAL.—The Secretary may ac23 quire any land, water, and interests in land and 

24 water within the Barataria Preserve Unit by do25 nation, purchase with donated or appropriated 
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1 funds, transfer from any other Federal agency, 

2 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 sub19 ject to any easements that have been agreed 

20 to by the Secretary and the Secretary of the 

21 Army. 

22 ‘‘(C) TRANSFER OF ADMINISTRATION JURIS23 DICTION.—Effective on the date of enactment of 

24 the Omnibus Public Land Management Act of 

25 2009, administrative jurisdiction over any Fed-
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1 eral land within the areas depicted on the map 

2 described in section 901 as ‘Lands Proposed for 

3 Addition’ is transferred, without consideration, 

4 to the administrative jurisdiction of the National 

5 Park Service, to be administered as part of the 

6 Barataria Preserve Unit.’’; 

7 (B) in the second sentence, by striking ‘‘The 

8 Secretary may also acquire by any of the fore9 going methods’’ and inserting the following: 

10 ‘‘(2) FRENCH QUARTER.—The Secretary may ac11 quire by any of the methods referred to in paragraph 

12 (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.—In 

21 acquiring’’; 

22 (2) by striking subsections (b) through (f) and 

23 inserting the following: 

24 ‘‘(b) RESOURCE PROTECTION.—With respect to the 

25 land, water, and interests in land and water of the 
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1 Barataria Preserve Unit, the Secretary shall preserve and 

2 protect— 

3 ‘‘(1) fresh water drainage patterns; 

4 ‘‘(2) vegetative cover; 

5 ‘‘(3) the integrity of ecological and biological sys6 tems; and 

7 ‘‘(4) water and air quality. 

8 ‘‘(c) ADJACENT LAND.—With the consent of the owner 

9 and the parish governing authority, the Secretary may— 

10 ‘‘(1) acquire land, water, and interests in land 

11 and water, by any of the methods referred to in sub12 section (a)(1)(A) (including use of appropriations 

13 from the Land and Water Conservation Fund); and 

14 ‘‘(2) revise the boundaries of the Barataria Pre15 serve Unit to include adjacent land and water.’’; and 

16 (3) by redesignating subsection (g) as subsection 

17 (d). 

18 (c) DEFINITION OF IMPROVED PROPERTY.—Section 

19 903 of the National Parks and Recreation Act of 1978 (16 

20 U.S.C. 230b) is amended in the fifth sentence by inserting 

21 ‘‘(or January 1, 2007, for areas added to the park after 

22 that date)’’ after ‘‘January 1, 1977’’. 

23 (d) HUNTING, FISHING, AND TRAPPING.—Section 905 

24 of the National Parks and Recreation Act of 1978 (16 

25 U.S.C. 230d) is amended in the first sentence by striking 
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1 ‘‘, except that within the core area and on those lands ac2 quired by the Secretary pursuant to section 902(c) of this 

3 title, he’’ and inserting ‘‘on land, and interests in land and 

4 water managed by the Secretary, except that the Secretary’’. 

5 (e) ADMINISTRATION.—Section 906 of the National 

6 Parks and Recreation Act of 1978 (16 U.S.C. 230e) is 

7 amended— 

8 (1) by striking the first sentence; and 

9 (2) in the second sentence, by striking ‘‘Pending 

10 such establishment and thereafter the’’ and inserting 

11 ‘‘The’’. 

12 (f) REFERENCES IN LAW.— 

13 (1) IN GENERAL.—Any reference in a law (in14 cluding regulations), map, document, paper, or other 

15 record of the United States— 

16 (A) to the Barataria Marsh Unit shall be 

17 considered to be a reference to the Barataria Pre18 serve Unit; or 

19 (B) to the Jean Lafitte National Historical 

20 Park shall be considered to be a reference to the 

21 Jean Lafitte National Historical Park and Pre22 serve. 

23 (2) CONFORMING AMENDMENTS.—Title IX of the 

24 National Parks and Recreation Act of 1978 (16 

25 U.S.C. 230 et seq.) is amended— 
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1 (A) by striking ‘‘Barataria Marsh Unit’’ 

2 each place it appears and inserting ‘‘Barataria 

3 Preserve Unit’’; and 

4 (B) by striking ‘‘Jean Lafitte National His5 torical Park’’ each place it appears and insert6 ing ‘‘Jean Lafitte National Historical Park and 

7 Preserve’’. 

8 SEC. 7106. MINUTE MAN NATIONAL HISTORICAL PARK. 

9 (a) DEFINITIONS.—In this section: 

10 (1) MAP.—The term ‘‘map’’ means the map enti11 tled ‘‘Minute Man National Historical Park Proposed 

12 Boundary’’, numbered 406/81001, and dated July 

13 2007. 

14 (2) PARK.—The term ‘‘Park’’ means the Minute 

15 Man National Historical Park in the State of Massa16 chusetts. 

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

18 the Secretary of the Interior. 

19 (b) MINUTE MAN NATIONAL HISTORICAL PARK.— 

20 (1) BOUNDARY ADJUSTMENT.— 

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

22 Park is modified to include the area generally 

23 depicted on the map. 
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1 (B) AVAILABILITY OF MAP.—The map shall 

2 be on file and available for inspection in the ap3 propriate offices of the National Park Service. 

4 (2) ACQUISITION OF LAND.—The Secretary may 

5 acquire the land or an interest in the land described 

6 in paragraph (1)(A) by— 

7 (A) purchase from willing sellers with do8 nated or appropriated funds; 

9 (B) donation; or 

10 (C) exchange. 

11 (3) ADMINISTRATION OF LAND.—The Secretary 

12 shall administer the land added to the Park under 

13 paragraph (1)(A) in accordance with applicable laws 

14 (including regulations). 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated such sums as are necessary 

17 to carry out this section. 

18 SEC. 7107. EVERGLADES NATIONAL PARK. 

19 (a) INCLUSION OF TARPON BASIN PROPERTY.— 

20 (1) DEFINITIONS.—In this subsection: 

21 (A) HURRICANE HOLE.—The term ‘‘Hurri22 cane Hole’’ means the natural salt-water body of 

23 water within the Duesenbury Tracts of the east24 ern parcel of the Tarpon Basin boundary adjust25 ment and accessed by Duesenbury Creek. 
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1 (B) MAP.—The term ‘‘map’’ means the map 

2 entitled ‘‘Proposed Tarpon Basin Boundary Re3 vision’’, numbered 160/80,012, and dated May 

4 2008. 

5 (C) SECRETARY.—The term ‘‘Secretary’’ 

6 means the Secretary of the Interior. 

7 (D) TARPON BASIN PROPERTY.—The term 

8 ‘‘Tarpon Basin property’’ means land that— 

9 (i) is comprised of approximately 600 

10 acres of land and water surrounding Hurri11 cane Hole, as generally depicted on the 

12 map; and 

13 (ii) is located in South Key Largo. 

14 (2) BOUNDARY REVISION.— 

15 (A) IN GENERAL.—The boundary of the Ev16 erglades National Park is adjusted to include the 

17 Tarpon Basin property. 

18 (B) ACQUISITION AUTHORITY.—The Sec19 retary may acquire from willing sellers by dona20 tion, purchase with donated or appropriated 

21 funds, or exchange, land, water, or interests in 

22 land and water, within the area depicted on the 

23 map, to be added to Everglades National Park. 

24 (C) AVAILABILITY OF MAP.—The map shall 

25 be on file and available for public inspection in 
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1 the appropriate offices of the National Park 

2 Service. 

3 (D) ADMINISTRATION.—Land added to Ev4 erglades National Park by this section shall be 

5 administered as part of Everglades National 

6 Park in accordance with applicable laws (in7 cluding regulations). 

8 (3) HURRICANE HOLE.—The Secretary may 

9 allow use of Hurricane Hole by sailing vessels during 

10 emergencies, subject to such terms and conditions as 

11 the Secretary determines to be necessary. 

12 (4) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated such sums as 

14 are necessary to carry out this subsection. 

15 (b) LAND EXCHANGES.— 

16 (1) DEFINITIONS.—In this subsection: 

17 (A) COMPANY.—The term ‘‘Company’’ 

18 means Florida Power & Light Company. 

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

20 Land’’ means the parcels of land that are— 

21 (i) owned by the United States; 

22 (ii) administered by the Secretary; 

23 (iii) located within the National Park; 

24 and 
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1 (iv) generally depicted on the map 

2 as— 

3 (I) Tract A, which is adjacent to 

4 the Tamiami Trail, U.S. Rt. 41; and 

5 (II) Tract B, which is located on 

6 the eastern boundary of the National 

7 Park. 

8 (C) MAP.—The term ‘‘map’’ means the map 

9 prepared by the National Park Service, entitled 

10 ‘‘Proposed Land Exchanges, Everglades National 

11 Park’’, numbered 160/60411A, and dated Sep12 tember 2008. 

13 (D) NATIONAL PARK.—The term ‘‘National 

14 Park’’ means the Everglades National Park lo15 cated in the State. 

16 (E) NON-FEDERAL LAND.—The term ‘‘non17 Federal land’’ means the land in the State 

18 that— 

19 (i) is owned by the State, the specific 

20 area and location of which shall be deter21 mined by the State; or 

22 (ii)(I) is owned by the Company; 

23 (II) comprises approximately 320 

24 acres; and 
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1 (III) is located within the East Ever2 glades Acquisition Area, as generally de3 picted on the map as ‘‘Tract D’’. 

4 (F) SECRETARY.—The term ‘‘Secretary’’ 

5 means the Secretary of the Interior. 

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

7 State of Florida and political subdivisions of the 

8 State, including the South Florida Water Man9 agement District. 

10 (2) LAND EXCHANGE WITH STATE.— 

11 (A) IN GENERAL.—Subject to the provisions 

12 of this paragraph, if the State offers to convey to 

13 the Secretary all right, title, and interest of the 

14 State in and to specific parcels of non-Federal 

15 land, and the offer is acceptable to the Secretary, 

16 the Secretary may, subject to valid existing 

17 rights, accept the offer and convey to the State 

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

19 in and to the Federal land generally depicted on 

20 the map as ‘‘Tract A’’. 

21 (B) CONDITIONS.—The land exchange under 

22 subparagraph (A) shall be subject to such terms 

23 and conditions as the Secretary may require. 

24 (C) VALUATION.— 
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1 (i) IN GENERAL.—The values of the 

2 land involved in the land exchange under 

3 subparagraph (A) shall be equal. 

4 (ii) EQUALIZATION.—If the values of 

5 the land are not equal, the values may be 

6 equalized by donation, payment using do7 nated or appropriated funds, or the convey8 ance of additional parcels of land. 

9 (D) APPRAISALS.—Before the exchange of 

10 land under subparagraph (A), appraisals for the 

11 Federal and non-Federal land shall be conducted 

12 in accordance with the Uniform Appraisal 

13 Standards for Federal Land Acquisitions and 

14 the Uniform Standards of Professional Appraisal 

15 Practice. 

16 (E) TECHNICAL CORRECTIONS.—Subject to 

17 the agreement of the State, the Secretary may 

18 make minor corrections to correct technical and 

19 clerical errors in the legal descriptions of the 

20 Federal and non-Federal land and minor adjust21 ments to the boundaries of the Federal and non22 Federal land. 

23 (F) ADMINISTRATION OF LAND ACQUIRED

24 BY SECRETARY.—Land acquired by the Sec25 retary under subparagraph (A) shall— 
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1 (i) become part of the National Park; 

2 and 

3 (ii) be administered in accordance 

4 with the laws applicable to the National 

5 Park System. 

6 (3) LAND EXCHANGE WITH COMPANY.— 

7 (A) IN GENERAL.—Subject to the provisions 

8 of this paragraph, if the Company offers to con9 vey to the Secretary all right, title, and interest 

10 of the Company in and to the non-Federal land 

11 generally depicted on the map as ‘‘Tract D’’, and 

12 the offer is acceptable to the Secretary, the Sec13 retary may, subject to valid existing rights, ac14 cept the offer and convey to the Company all 

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

16 and to the Federal land generally depicted on the 

17 map as ‘‘Tract B’’, along with a perpetual ease18 ment on a corridor of land contiguous to Tract 

19 B for the purpose of vegetation management. 

20 (B) CONDITIONS.—The land exchange under 

21 subparagraph (A) shall be subject to such terms 

22 and conditions as the Secretary may require. 

23 (C) VALUATION.— 

24 (i) IN GENERAL.—The values of the 

25 land involved in the land exchange under 
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1 subparagraph (A) shall be equal unless the 

2 non-Federal land is of higher value than the 

3 Federal land. 

4 (ii) EQUALIZATION.—If the values of 

5 the land are not equal, the values may be 

6 equalized by donation, payment using do7 nated or appropriated funds, or the convey8 ance of additional parcels of land. 

9 (D) APPRAISAL.—Before the exchange of 

10 land under subparagraph (A), appraisals for the 

11 Federal and non-Federal land shall be conducted 

12 in accordance with the Uniform Appraisal 

13 Standards for Federal Land Acquisitions and 

14 the Uniform Standards of Professional Appraisal 

15 Practice. 

16 (E) TECHNICAL CORRECTIONS.—Subject to 

17 the agreement of the Company, the Secretary 

18 may make minor corrections to correct technical 

19 and clerical errors in the legal descriptions of the 

20 Federal and non-Federal land and minor adjust21 ments to the boundaries of the Federal and non22 Federal land. 

23 (F) ADMINISTRATION OF LAND ACQUIRED

24 BY SECRETARY.—Land acquired by the Sec25 retary under subparagraph (A) shall— 
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1 (i) become part of the National Park; 

2 and 

3 (ii) be administered in accordance 

4 with the laws applicable to the National 

5 Park System. 

6 (4) MAP.—The map shall be on file and avail7 able for public inspection in the appropriate offices of 

8 the National Park Service. 

9 (5) BOUNDARY REVISION.—On completion of the 

10 land exchanges authorized by this subsection, the Sec11 retary shall adjust the boundary of the National Park 

12 accordingly, including removing the land conveyed 

13 out of Federal ownership. 

14 SEC. 7108. KALAUPAPA NATIONAL HISTORICAL PARK. 

15 (a) IN GENERAL.—The Secretary of the Interior shall 

16 authorize Ka ‘Ohana O Kalaupapa, a non-profit organiza17 tion consisting of patient residents at Kalaupapa National 

18 Historical Park, and their family members and friends, to 

19 establish a memorial at a suitable location or locations ap20 proved by the Secretary at Kalawao or Kalaupapa within 

21 the boundaries of Kalaupapa National Historical Park lo22 cated on the island of Molokai, in the State of Hawaii, to 

23 honor and perpetuate the memory of those individuals who 

24 were forcibly relocated to Kalaupapa Peninsula from 1866 

25 to 1969. 
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1 (b) DESIGN.— 

2 (1) IN GENERAL.—The memorial authorized by 

3 subsection (a) shall— 

4 (A) display in an appropriate manner the 

5 names of the first 5,000 individuals sent to the 

6 Kalaupapa Peninsula between 1866 and 1896, 

7 most of whom lived at Kalawao; and 

8 (B) display in an appropriate manner the 

9 names of the approximately 3,000 individuals 

10 who arrived at Kalaupapa in the second part of 

11 its history, when most of the community was 

12 concentrated on the Kalaupapa side of the penin13 sula. 

14 (2) APPROVAL.—The location, size, design, and 

15 inscriptions of the memorial authorized by subsection 

16 (a) shall be subject to the approval of the Secretary 

17 of the Interior. 

18 (c) FUNDING.—Ka ‘Ohana O Kalaupapa, a nonprofit 

19 organization, shall be solely responsible for acceptance of 

20 contributions for and payment of the expenses associated 

21 with the establishment of the memorial. 

22 SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL RECRE23 ATION AREA. 

24 (a) COOPERATIVE AGREEMENTS.—Section 1029(d) of 

25 the Omnibus Parks and Public Lands Management Act of 
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1 1996 (16 U.S.C. 460kkk(d)) is amended by striking para2 graph (3) and inserting the following: 

3 ‘‘(3) AGREEMENTS.— 

4 ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In 

5 this paragraph, the term ‘eligible entity’ 

6 means— 

7 ‘‘(i) the Commonwealth of Massachu8 setts; 

9 ‘‘(ii) a political subdivision of the 

10 Commonwealth of Massachusetts; or 

11 ‘‘(iii) any other entity that is a mem12 ber of the Boston Harbor Islands Partner13 ship described in subsection (e)(2). 

14 ‘‘(B) AUTHORITY OF SECRETARY.—Subject 

15 to subparagraph (C), the Secretary may consult 

16 with an eligible entity on, and enter into with 

17 the eligible entity— 

18 ‘‘(i) a cooperative management agree19 ment to acquire from, and provide to, the 

20 eligible entity goods and services for the co21 operative management of land within the 

22 recreation area; and 

23 ‘‘(ii) notwithstanding section 6305 of 

24 title 31, United States Code, a cooperative 

25 agreement for the construction of recreation 
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1 area facilities on land owned by an eligible 

2 entity for purposes consistent with the man3 agement plan under subsection (f). 

4 ‘‘(C) CONDITIONS.—The Secretary may 

5 enter into an agreement with an eligible entity 

6 under subparagraph (B) only if the Secretary 

7 determines that— 

8 ‘‘(i) appropriations for carrying out 

9 the purposes of the agreement are available; 

10 and 

11 ‘‘(ii) the agreement is in the best inter12 ests of the United States.’’. 

13 (b) TECHNICAL AMENDMENTS.— 

14 (1) MEMBERSHIP.—Section 1029(e)(2)(B) of the 

15 Omnibus Parks and Public Lands Management Act of 

16 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by 

17 striking ‘‘Coast Guard’’ and inserting ‘‘Coast 

18 Guard.’’. 

19 (2) DONATIONS.—Section 1029(e)(11) of the Om20 nibus Parks and Public Lands Management Act of 

21 1996 (16 U.S.C. 460kkk(e)(11)) is amended by strik22 ing ‘‘Nothwithstanding’’ and inserting ‘‘Notwith23 standing’’. 
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1 SEC. 7110. THOMAS EDISON NATIONAL HISTORICAL PARK, 

2 NEW JERSEY. 

3 (a) PURPOSES.—The purposes of this section are— 

4 (1) to recognize and pay tribute to Thomas Alva 

5 Edison and his innovations; and 

6 (2) to preserve, protect, restore, and enhance the 

7 Edison National Historic Site to ensure public use 

8 and enjoyment of the Site as an educational, sci9 entific, and cultural center. 

10 (b) ESTABLISHMENT.— 

11 (1) IN GENERAL.—There is established the Thom12 as Edison National Historical Park as a unit of the 

13 National Park System (referred to in this section as 

14 the ‘‘Historical Park’’). 

15 (2) BOUNDARIES.—The Historical Park shall be 

16 comprised of all property owned by the United States 

17 in the Edison National Historic Site as well as all 

18 property authorized to be acquired by the Secretary 

19 of the Interior (referred to in this section as the ‘‘Sec20 retary’’) for inclusion in the Edison National His21 toric Site before the date of the enactment of this Act, 

22 as generally depicted on the map entitled the ‘‘Thom23 as Edison National Historical Park’’, numbered 403/ 

24 80,000, and dated April 2008. 
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1 (3) MAP.—The map of the Historical Park shall 

2 be on file and available for public inspection in the 

3 appropriate offices of the National Park Service. 

4 (c) ADMINISTRATION.— 

5 (1) IN GENERAL.—The Secretary shall admin6 ister the Historical Park in accordance with this sec7 tion and with the provisions of law generally applica8 ble to units of the National Park System, including 

9 the Acts entitled ‘‘An Act to establish a National Park 

10 Service, and for other purposes,’’ approved August 25, 

11 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and ‘‘An Act 

12 to provide for the preservation of historic American 

13 sites, buildings, objects, and antiquities of national 

14 significance, and for other purposes,’’ approved Au15 gust 21, 1935 (16 U.S.C. 461 et seq.). 

16 (2) ACQUISITION OF PROPERTY.— 

17 (A) REAL PROPERTY.—The Secretary may 

18 acquire land or interests in land within the 

19 boundaries of the Historical Park, from willing 

20 sellers only, by donation, purchase with donated 

21 or appropriated funds, or exchange. 

22 (B) PERSONAL PROPERTY.—The Secretary 

23 may acquire personal property associated with, 

24 and appropriate for, interpretation of the His25 torical Park. 
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1 (3) COOPERATIVE AGREEMENTS.—The Secretary 

2 may consult and enter into cooperative agreements 

3 with interested entities and individuals to provide for 

4 the preservation, development, interpretation, and use 

5 of the Historical Park. 

6 (4) REPEAL OF SUPERSEDED LAW.—Public Law 

7 87–628 (76 Stat. 428), regarding the establishment 

8 and administration of the Edison National Historic 

9 Site, is repealed. 

10 (5) REFERENCES.—Any reference in a law, map, 

11 regulation, document, paper, or other record of the 

12 United States to the ‘‘Edison National Historic Site’’ 

13 shall be deemed to be a reference to the ‘‘Thomas Edi14 son National Historical Park’’. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated such sums as may be nec17 essary to carry out this section. 

18 SEC. 7111. WOMEN’S RIGHTS NATIONAL HISTORICAL PARK. 

19 (a) VOTES FOR WOMEN TRAIL.—Title XVI of Public 

20 Law 96–607 (16 U.S.C. 410ll) is amended by adding at 

21 the end the following: 

22 ‘‘SEC. 1602. VOTES FOR WOMEN TRAIL. 

23 ‘‘(a) DEFINITIONS.—In this section: 
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1 ‘‘(1) PARK.—The term ‘Park’ means the Wom2 en’s Rights National Historical Park established by 

3 section 1601. 

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

5 the Secretary of the Interior, acting through the Di6 rector of the National Park Service. 

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

8 of New York. 

9 ‘‘(4) TRAIL.—The term ‘Trail’ means the Votes 

10 for Women History Trail Route designated under 

11 subsection (b). 

12 ‘‘(b) ESTABLISHMENT OF TRAIL ROUTE.—The Sec13 retary, with concurrence of the agency having jurisdiction 

14 over the relevant roads, may designate a vehicular tour 

15 route, to be known as the ‘Votes for Women History Trail 

16 Route’, to link properties in the State that are historically 

17 and thematically associated with the struggle for women’s 

18 suffrage in the United States. 

19 ‘‘(c) ADMINISTRATION.—The Trail shall be adminis20 tered by the National Park Service through the Park. 

21 ‘‘(d) ACTIVITIES.—To facilitate the establishment of 

22 the Trail and the dissemination of information regarding 

23 the Trail, the Secretary shall— 

24 ‘‘(1) produce and disseminate appropriate edu25 cational materials regarding the Trail, such as hand-
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1 books, maps, exhibits, signs, interpretive guides, and 

2 electronic information; 

3 ‘‘(2) coordinate the management, planning, and 

4 standards of the Trail in partnership with partici5 pating properties, other Federal agencies, and State 

6 and local governments; 

7 ‘‘(3) create and adopt an official, uniform sym8 bol or device to mark the Trail; and 

9 ‘‘(4) issue guidelines for the use of the symbol or 

10 device adopted under paragraph (3). 

11 ‘‘(e) ELEMENTS OF TRAIL ROUTE.—Subject to the con12 sent of the owner of the property, the Secretary may des13 ignate as an official stop on the Trail— 

14 ‘‘(1) all units and programs of the Park relating 

15 to the struggle for women’s suffrage; 

16 ‘‘(2) other Federal, State, local, and privately 

17 owned properties that the Secretary determines have 

18 a verifiable connection to the struggle for women’s 

19 suffrage; and 

20 ‘‘(3) other governmental and nongovernmental 

21 facilities and programs of an educational, commemo22 rative, research, or interpretive nature that the Sec23 retary determines to be directly related to the struggle 

24 for women’s suffrage. 
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1 ‘‘(f) COOPERATIVE AGREEMENTS AND MEMORANDA OF

2 UNDERSTANDING.— 

3 ‘‘(1) IN GENERAL.—To facilitate the establish4 ment of the Trail and to ensure effective coordination 

5 of the Federal and non-Federal properties designated 

6 as stops along the Trail, the Secretary may enter into 

7 cooperative agreements and memoranda of under8 standing with, and provide technical and financial 

9 assistance to, other Federal agencies, the State, local10 ities, regional governmental bodies, and private enti11 ties. 

12 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to the Sec14 retary such sums as are necessary for the period of 

15 fiscal years 2009 through 2013 to provide financial 

16 assistance to cooperating entities pursuant to agree17 ments or memoranda entered into under paragraph 

18 (1).’’. 

19 (b) NATIONAL WOMEN’S RIGHTS HISTORY PROJECT

20 NATIONAL REGISTRY.— 

21 (1) IN GENERAL.—The Secretary of the Interior 

22 (referred to in this section as the ‘‘Secretary’’) may 

23 make annual grants to State historic preservation of24 fices for not more than 5 years to assist the State his25 toric preservation offices in surveying, evaluating, 
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1 and nominating to the National Register of Historic 

2 Places women’s rights history properties. 

3 (2) ELIGIBILITY.—In making grants under 

4 paragraph (1), the Secretary shall give priority to 

5 grants relating to properties associated with the mul6 tiple facets of the women’s rights movement, such as 

7 politics, economics, education, religion, and social 

8 and family rights. 

9 (3) UPDATES.—The Secretary shall ensure that 

10 the National Register travel itinerary website entitled 

11 ‘‘Places Where Women Made History’’ is updated to 

12 contain— 

13 (A) the results of the inventory conducted 

14 under paragraph (1); and 

15 (B) any links to websites related to places 

16 on the inventory. 

17 (4) COST-SHARING REQUIREMENT.—The Federal 

18 share of the cost of any activity carried out using any 

19 assistance made available under this subsection shall 

20 be 50 percent. 

21 (5) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to the Sec23 retary to carry out this subsection $1,000,000 for each 

24 of fiscal years 2009 through 2013. 
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1 (c) NATIONAL WOMEN’S RIGHTS HISTORY PROJECT

2 PARTNERSHIPS NETWORK.— 

3 (1) GRANTS.—The Secretary may make match4 ing grants and give technical assistance for develop5 ment of a network of governmental and nongovern6 mental entities (referred to in this subsection as the 

7 ‘‘network’’), the purpose of which is to provide inter8 pretive and educational program development of na9 tional women’s rights history, including historic pres10 ervation. 

11 (2) MANAGEMENT OF NETWORK.— 

12 (A) IN GENERAL.—The Secretary shall, 

13 through a competitive process, designate a non14 governmental managing network to manage the 

15 network. 

16 (B) COORDINATION.—The nongovernmental 

17 managing entity designated under subparagraph 

18 (A) shall work in partnership with the Director 

19 of the National Park Service and State historic 

20 preservation offices to coordinate operation of the 

21 network. 

22 (3) COST-SHARING REQUIREMENT.— 

23 (A) IN GENERAL.—The Federal share of the 

24 cost of any activity carried out using any assist-
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1 ance made available under this subsection shall 

2 be 50 percent. 

3 (B) STATE HISTORIC PRESERVATION OF4 FICES.—Matching grants for historic preserva5 tion specific to the network may be made avail6 able through State historic preservation offices. 

7 (4) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to the Sec9 retary to carry out this subsection $1,000,000 for each 

10 of fiscal years 2009 through 2013. 

11 SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE. 

12 (a) DEFINITIONS.—In this section: 

13 (1) HISTORIC SITE.—The term ‘‘historic site’’ 

14 means the Martin Van Buren National Historic Site 

15 in the State of New York established by Public Law 

16 93–486 (16 U.S.C. 461 note) on October 26, 1974. 

17 (2) MAP.—The term ‘‘map’’ means the map enti18 tled ‘‘Boundary Map, Martin Van Buren National 

19 Historic Site’’, numbered ‘‘460/80801’’, and dated 

20 January 2005. 

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

22 the Secretary of the Interior. 

23 (b) BOUNDARY ADJUSTMENTS TO THE HISTORIC

24 SITE.— 
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1 (1) BOUNDARY ADJUSTMENT.—The boundary of 

2 the historic site is adjusted to include approximately 

3 261 acres of land identified as the ‘‘PROPOSED 

4 PARK BOUNDARY’’, as generally depicted on the 

5 map. 

6 (2) ACQUISITION AUTHORITY.—The Secretary 

7 may acquire the land and any interests in the land 

8 described in paragraph (1) from willing sellers by do9 nation, purchase with donated or appropriated funds, 

10 or exchange. 

11 (3) AVAILABILITY OF MAP.—The map shall be on 

12 file and available for public inspection in the appro13 priate offices of the National Park Service. 

14 (4) ADMINISTRATION.—Land acquired for the 

15 historic site under this section shall be administered 

16 as part of the historic site in accordance with appli17 cable law (including regulations). 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

19 authorized to be appropriated such sums as are necessary 

20 to carry out this section. 

21 SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL HISTOR22 ICAL PARK. 

23 (a) DESIGNATION OF PALO ALTO BATTLEFIELD NA24 TIONAL HISTORICAL PARK.— 
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1 (1) IN GENERAL.—The Palo Alto Battlefield Na2 tional Historic Site shall be known and designated as 

3 the ‘‘Palo Alto Battlefield National Historical Park’’. 

4 (2) REFERENCES.—Any reference in a law, map, 

5 regulation, document, paper, or other record of the 

6 United States to the historic site referred to in sub7 section (a) shall be deemed to be a reference to the 

8 Palo Alto Battlefield National Historical Park. 

9 (3) CONFORMING AMENDMENTS.—The Palo Alto 

10 Battlefield National Historic Site Act of 1991 (16 

11 U.S.C. 461 note; Public Law 102–304) is amended— 

12 (A) by striking ‘‘National Historic Site’’ 

13 each place it appears and inserting ‘‘National 

14 Historical Park’’; 

15 (B) in the heading for section 3, by striking 

16 ‘‘NATIONAL HISTORIC SITE’’ and inserting 

17 ‘‘NATIONAL HISTORICAL PARK’’; and 

18 (C) by striking ‘‘historic site’’ each place it 

19 appears and inserting ‘‘historical park’’. 

20 (b) BOUNDARY EXPANSION, PALO ALTO BATTLEFIELD

21 NATIONAL HISTORICAL PARK, TEXAS.—Section 3(b) of the 

22 Palo Alto Battlefield National Historic Site Act of 1991 (16 

23 U.S.C. 461 note; Public Law 102–304) (as amended by sub24 section (a)) is amended— 
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1 (1) in paragraph (1), by striking ‘‘(1) The his2 torical park’’ and inserting the following: 

3 ‘‘(1) IN GENERAL.—The historical park’’; 

4 (2) by redesignating paragraph (2) as para5 graph (3); 

6 (3) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2) ADDITIONAL LAND.— 

9 ‘‘(A) IN GENERAL.—In addition to the land 

10 described in paragraph (1), the historical park 

11 shall consist of approximately 34 acres of land, 

12 as generally depicted on the map entitled ‘Palo 

13 Alto Battlefield NHS Proposed Boundary Ex14 pansion’, numbered 469/80,012, and dated May 

15 21, 2008. 

16 ‘‘(B) AVAILABILITY OF MAP.—The map de17 scribed in subparagraph (A) shall be on file and 

18 available for public inspection in the appro19 priate offices of the National Park Service.’’; and 

20 (4) in paragraph (3) (as redesignated by para21 graph (2))— 

22 (A) by striking ‘‘(3) Within’’ and inserting 

23 the following: 

24 ‘‘(3) LEGAL DESCRIPTION.—Not later than’’; and 
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† HR 146 EAS 

1 (B) in the second sentence, by striking 

2 ‘‘map referred to in paragraph (1)’’ and insert3 ing ‘‘maps referred to in paragraphs (1) and 

4 (2)’’. 

5 SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HIS6 TORICAL PARK. 

7 (a) DESIGNATION.—The Abraham Lincoln Birthplace 

8 National Historic Site in the State of Kentucky shall be 

9 known and designated as the ‘‘Abraham Lincoln Birthplace 

10 National Historical Park’’. 

11 (b) REFERENCES.—Any reference in a law, map, regu12 lation, document, paper, or other record of the United 

13 States to the Abraham Lincoln Birthplace National His14 toric Site shall be deemed to be a reference to the ‘‘Abraham 

15 Lincoln Birthplace National Historical Park’’. 

16 SEC. 7115. NEW RIVER GORGE NATIONAL RIVER. 

17 Section 1106 of the National Parks and Recreation Act 

18 of 1978 (16 U.S.C. 460m–20) is amended in the first sen19 tence by striking ‘‘may’’ and inserting ‘‘shall’’. 

20 SEC. 7116. TECHNICAL CORRECTIONS. 

21 (a) GAYLORD NELSON WILDERNESS.— 

22 (1) REDESIGNATION.—Section 140 of division E 

23 of the Consolidated Appropriations Act, 2005 (16 

24 U.S.C. 1132 note; Public Law 108–447), is amend25 ed— 
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1 (A) in subsection (a), by striking ‘‘Gaylord 

2 A. Nelson’’ and inserting ‘‘Gaylord Nelson’’; and 

3 (B) in subsection (c)(4), by striking ‘‘Gay4 lord A. Nelson Wilderness’’ and inserting ‘‘Gay5 lord Nelson Wilderness’’. 

6 (2) REFERENCES.—Any reference in a law, map, 

7 regulation, document, paper, or other record of the 

8 United States to the ‘‘Gaylord A. Nelson Wilderness’’ 

9 shall be deemed to be a reference to the ‘‘Gaylord Nel10 son Wilderness’’. 

11 (b) ARLINGTON HOUSE LAND TRANSFER.—Section 

12 2863(h)(1) of Public Law 107–107 (115 Stat. 1333) is 

13 amended by striking ‘‘the George Washington Memorial 

14 Parkway’’ and inserting ‘‘Arlington House, The Robert E. 

15 Lee Memorial,’’. 

16 (c) CUMBERLAND ISLAND WILDERNESS.—Section 

17 2(a)(1) of Public Law 97–250 (16 U.S.C. 1132 note; 96 

18 Stat. 709) is amended by striking ‘‘numbered 640/20,038I, 

19 and dated September 2004’’ and inserting ‘‘numbered 640/ 

20 20,038K, and dated September 2005’’. 

21 (d) PETRIFIED FOREST BOUNDARY.—Section 2(1) of 

22 the Petrified Forest National Park Expansion Act of 2004 

23 (16 U.S.C. 119 note; Public Law 108–430) is amended by 

24 striking ‘‘numbered 110/80,044, and dated July 2004’’ and 
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1 inserting ‘‘numbered 110/80,045, and dated January 

2 2005’’. 

3 (e) COMMEMORATIVE WORKS ACT.—Chapter 89 of title 

4 40, United States Code, is amended— 

5 (1) in section 8903(d), by inserting ‘‘Natural’’ 

6 before ‘‘Resources’’; 

7 (2) in section 8904(b), by inserting ‘‘Advisory’’ 

8 before ‘‘Commission’’; and 

9 (3) in section 8908(b)(1)— 

10 (A) in the first sentence, by inserting ‘‘Ad11 visory’’ before ‘‘Commission’’; and 

12 (B) in the second sentence, by striking 

13 ‘‘House Administration’’ and inserting ‘‘Natural 

14 Resources’’. 

15 (f) CAPTAIN JOHN SMITH CHESAPEAKE NATIONAL

16 HISTORIC TRAIL.—Section 5(a)(25)(A) of the National 

17 Trails System Act (16 U.S.C. 1244(a)(25)(A)) is amended 

18 by striking ‘‘The John Smith’’ and inserting ‘‘The Captain 

19 John Smith’’. 

20 (g) DELAWARE NATIONAL COASTAL SPECIAL RE21 SOURCE STUDY.—Section 604 of the Delaware National 

22 Coastal Special Resources Study Act (Public Law 109–338; 

23 120 Stat. 1856) is amended by striking ‘‘under section 

24 605’’. 
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1 (h) USE OF RECREATION FEES.—Section 808(a)(1)(F) 

2 of the Federal Lands Recreation Enhancement Act (16 

3 U.S.C. 6807(a)(1)(F)) is amended by striking ‘‘section 

4 6(a)’’ and inserting ‘‘section 806(a)’’. 

5 (i) CROSSROADS OF THE AMERICAN REVOLUTION NA6 TIONAL HERITAGE AREA.—Section 297F(b)(2)(A) of the 

7 Crossroads of the American Revolution National Heritage 

8 Area Act of 2006 (Public Law 109–338; 120 Stat. 1844) 

9 is amended by inserting ‘‘duties’’ before ‘‘of the’’. 

10 (j) CUYAHOGA VALLEY NATIONAL PARK.—Section 

11 474(12) of the Consolidated Natural Resources Act of 2008 

12 (Public Law 1110–229; 122 Stat. 827) is amended by strik13 ing ‘‘Cayohoga’’ each place it appears and inserting ‘‘Cuya14 hoga’’. 

15 (k) PENNSYLVANIA AVENUE NATIONAL HISTORIC

16 SITE.— 

17 (1) NAME ON MAP.—Section 313(d)(1)(B) of the 

18 Department of the Interior and Related Agencies Ap19 propriations Act, 1996 (Public Law 104–134; 110 

20 Stat. 1321–199; 40 U.S.C. 872 note) is amended by 

21 striking ‘‘map entitled ‘Pennsylvania Avenue Na22 tional Historic Park’, dated June 1, 1995, and num23 bered 840–82441’’ and inserting ‘‘map entitled ‘Penn24 sylvania Avenue National Historic Site’, dated Au25 gust 25, 2008, and numbered 840–82441B’’. 
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1 (2) REFERENCES.—Any reference in a law, map, 

2 regulation, document, paper, or other record of the 

3 United States to the Pennsylvania Avenue National 

4 Historic Park shall be deemed to be a reference to the 

5 ‘‘Pennsylvania Avenue National Historic Site’’. 

6 SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HIS7 TORICAL PARK, OHIO. 

8 (a) ADDITIONAL AREAS INCLUDED IN PARK.—Section 

9 101 of the Dayton Aviation Heritage Preservation Act of 

10 1992 (16 U.S.C. 410ww, et seq.) is amended by adding at 

11 the end the following: 

12 ‘‘(c) ADDITIONAL SITES.—In addition to the sites de13 scribed in subsection (b), the park shall consist of the fol14 lowing sites, as generally depicted on a map titled ‘Dayton 

15 Aviation Heritage National Historical Park’, numbered 

16 362/80,013 and dated May 2008: 

17 ‘‘(1) Hawthorn Hill, Oakwood, Ohio. 

18 ‘‘(2) The Wright Company factory and associ19 ated land and buildings, Dayton, Ohio.’’. 

20 (b) PROTECTION OF HISTORIC PROPERTIES.—Section 

21 102 of the Dayton Aviation Heritage Preservation Act of 

22 1992 (16 U.S.C. 410ww–1) is amended— 

23 (1) in subsection (a), by inserting ‘‘Hawthorn 

24 Hill, the Wright Company factory,’’ after ‘‘, acquire’’; 
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1 (2) in subsection (b), by striking ‘‘Such agree2 ments’’ and inserting: 

3 ‘‘(d) CONDITIONS.—Cooperative agreements under this 

4 section’’; 

5 (3) by inserting before subsection (d) (as added 

6 by paragraph 2) the following: 

7 ‘‘(c) COOPERATIVE AGREEMENTS.—The Secretary is 

8 authorized to enter into a cooperative agreement with a 

9 partner or partners, including the Wright Family Founda10 tion, to operate and provide programming for Hawthorn 

11 Hill and charge reasonable fees notwithstanding any other 

12 provision of law, which may be used to defray the costs of 

13 park operation and programming.’’; and 

14 (4) by striking ‘‘Commission’’ and inserting 

15 ‘‘Aviation Heritage Foundation’’. 

16 (c) GRANT ASSISTANCE.—The Dayton Aviation Herit17 age Preservation Act of 1992, is amended— 

18 (1) by redesignating subsection (b) of section 108 

19 as subsection (c); and 

20 (2) by inserting after subsection (a) of section 

21 108 the following new subsection: 

22 ‘‘(b) GRANT ASSISTANCE.—The Secretary is author23 ized to make grants to the parks’ partners, including the 

24 Aviation Trail, Inc., the Ohio Historical Society, and Day25 ton History, for projects not requiring Federal involvement 
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1 other than providing financial assistance, subject to the 

2 availability of appropriations in advance identifying the 

3 specific partner grantee and the specific project. Projects 

4 funded through these grants shall be limited to construction 

5 and development on non-Federal property within the 

6 boundaries of the park. Any project funded by such a grant 

7 shall support the purposes of the park, shall be consistent 

8 with the park’s general management plan, and shall en9 hance public use and enjoyment of the park.’’. 

10 (d) NATIONAL AVIATION HERITAGE AREA.—Title V of 

11 division J of the Consolidated Appropriations Act, 2005 (16 

12 U.S.C. 461 note; Public Law 108–447), is amended— 

13 (1) in section 503(3), by striking ‘‘104’’ and in14 serting ‘‘504’’; 

15 (2) in section 503(4), by striking ‘‘106’’ and in16 serting ‘‘506’’; 

17 (3) in section 504, by striking subsection (b)(2) 

18 and by redesignating subsection (b)(3) as subsection 

19 (b)(2); and 

20 (4) in section 505(b)(1), by striking ‘‘106’’ and 

21 inserting ‘‘506’’. 

22 SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE. 

23 Public Law 87–213 (16 U.S.C. 461 note) is amended 

24 as follows: 

25 (1) In the first section— 
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1 (A) by striking ‘‘the Secretary of the Inte2 rior’’ and inserting ‘‘(a) The Secretary of the In3 terior’’; 

4 (B) by striking ‘‘476 acres’’ and inserting 

5 ‘‘646 acres’’; and 

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

7 ‘‘(b) The Secretary may acquire from willing sellers 

8 land comprising approximately 55 acres, as depicted on the 

9 map titled ‘Fort Davis Proposed Boundary Expansion’, 

10 numbered 418/80,045, and dated April 2008. The map shall 

11 be on file and available for public inspection in the appro12 priate offices of the National Park Service. Upon acquisi13 tion of the land, the land shall be incorporated into the Fort 

14 Davis National Historic Site.’’. 

15 (2) By repealing section 3. 

16 Subtitle C—Special Resource 

17 Studies 

18 SEC. 7201. WALNUT CANYON STUDY. 

19 (a) DEFINITIONS.—In this section: 

20 (1) MAP.—The term ‘‘map’’ means the map enti21 tled ‘‘Walnut Canyon Proposed Study Area’’ and 

22 dated July 17, 2007. 

23 (2) SECRETARIES.—The term ‘‘Secretaries’’ 

24 means the Secretary of the Interior and the Secretary 

25 of Agriculture, acting jointly. 
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1 (3) STUDY AREA.—The term ‘‘study area’’ means 

2 the area identified on the map as the ‘‘Walnut Can3 yon Proposed Study Area’’. 

4 (b) STUDY.— 

5 (1) IN GENERAL.—The Secretaries shall conduct 

6 a study of the study area to assess— 

7 (A) the suitability and feasibility of desig8 nating all or part of the study area as an addi9 tion to Walnut Canyon National Monument, in 

10 accordance with section 8(c) of Public Law 91– 

11 383 (16 U.S.C. 1a–5(c)); 

12 (B) continued management of the study 

13 area by the Forest Service; or 

14 (C) any other designation or management 

15 option that would provide for— 

16 (i) protection of resources within the 

17 study area; and 

18 (ii) continued access to, and use of, the 

19 study area by the public. 

20 (2) CONSULTATION.—The Secretaries shall pro21 vide for public comment in the preparation of the 

22 study, including consultation with appropriate Fed23 eral, State, and local governmental entities. 

24 (3) REPORT.—Not later than 18 months after the 

25 date on which funds are made available to carry out 
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1 this section, the Secretaries shall submit to the Com2 mittee on Energy and Natural Resources of the Sen3 ate and the Committee on Natural Resources of the 

4 House of Representatives a report that describes— 

5 (A) the results of the study; and 

6 (B) any recommendations of the Secretaries. 

7 (4) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated such sums as 

9 are necessary to carry out this section. 

10 SEC. 7202. TULE LAKE SEGREGATION CENTER, CALIFORNIA. 

11 (a) STUDY.— 

12 (1) IN GENERAL.—The Secretary of the Interior 

13 (referred to in this section as the ‘‘Secretary’’) shall 

14 conduct a special resource study of the Tule Lake Seg15 regation Center to determine the national significance 

16 of the site and the suitability and feasibility of in17 cluding the site in the National Park System. 

18 (2) STUDY GUIDELINES.—The study shall be con19 ducted in accordance with the criteria for the study 

20 of areas for potential inclusion in the National Park 

21 System under section 8 of Public Law 91–383 (16 

22 U.S.C. 1a–5). 

23 (3) CONSULTATION.—In conducting the study, 

24 the Secretary shall consult with— 

25 (A) Modoc County; 
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1 (B) the State of California; 

2 (C) appropriate Federal agencies; 

3 (D) tribal and local government entities; 

4 (E) private and nonprofit organizations; 

5 and 

6 (F) private landowners. 

7 (4) SCOPE OF STUDY.—The study shall include 

8 an evaluation of— 

9 (A) the significance of the site as a part of 

10 the history of World War II; 

11 (B) the significance of the site as the site re12 lates to other war relocation centers;. 

13 (C) the historical resources of the site, in14 cluding the stockade, that are intact and in 

15 place; 

16 (D) the contributions made by the local ag17 ricultural community to the World War II effort; 

18 and 

19 (E) the potential impact of designation of 

20 the site as a unit of the National Park System 

21 on private landowners. 

22 (b) REPORT.—Not later than 3 years after the date 

23 on which funds are made available to conduct the study 

24 required under this section, the Secretary shall submit to 

25 the Committee on Natural Resources of the House of Rep-
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1 resentatives and the Committee on Energy and Natural Re2 sources of the Senate a report describing the findings, con3 clusions, and recommendations of the study. 

4 SEC. 7203. ESTATE GRANGE, ST. CROIX. 

5 (a) STUDY.— 

6 (1) IN GENERAL.—The Secretary of the Interior 

7 (referred to in this section as the ‘‘Secretary’’), in 

8 consultation with the Governor of the Virgin Islands, 

9 shall conduct a special resource study of Estate 

10 Grange and other sites and resources associated with 

11 Alexander Hamilton’s life on St. Croix in the United 

12 States Virgin Islands. 

13 (2) CONTENTS.—In conducting the study under 

14 paragraph (1), the Secretary shall evaluate— 

15 (A) the national significance of the sites 

16 and resources; and 

17 (B) the suitability and feasibility of desig18 nating the sites and resources as a unit of the 

19 National Park System. 

20 (3) CRITERIA.—The criteria for the study of 

21 areas for potential inclusion in the National Park 

22 System contained in section 8 of Public Law 91–383 

23 (16 U.S.C. 1a–5) shall apply to the study under 

24 paragraph (1). 
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1 (4) REPORT.—Not later than 3 years after the 

2 date on which funds are first made available for the 

3 study under paragraph (1), the Secretary shall sub4 mit to the Committee on Natural Resources of the 

5 House of Representatives and the Committee on En6 ergy and Natural Resources of the Senate a report 

7 containing— 

8 (A) the results of the study; and 

9 (B) any findings, conclusions, and rec10 ommendations of the Secretary. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

12 authorized to be appropriated such sums as are necessary 

13 to carry out this section. 

14 SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE. 

15 (a) STUDY.— 

16 (1) IN GENERAL.—Not later than 3 years after 

17 the date on which funds are made available to carry 

18 out this section, the Secretary of the Interior (referred 

19 to in this section as the ‘‘Secretary’’) shall complete 

20 a special resource study of the Harriet Beecher Stowe 

21 House in Brunswick, Maine, to evaluate— 

22 (A) the national significance of the Harriet 

23 Beecher Stowe House and surrounding land; and 

24 (B) the suitability and feasibility of desig25 nating the Harriet Beecher Stowe House and 
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1 surrounding land as a unit of the National Park 

2 System. 

3 (2) STUDY GUIDELINES.—In conducting the 

4 study authorized under paragraph (1), the Secretary 

5 shall use the criteria for the study of areas for poten6 tial inclusion in the National Park System contained 

7 in section 8(c) of Public Law 91–383 (16 U.S.C. 1a– 

8 5(c)). 

9 (b) REPORT.—On completion of the study required 

10 under subsection (a), the Secretary shall submit to the Com11 mittee on Energy and Natural Resources of the Senate and 

12 the Committee on Natural Resources of the House of Rep13 resentatives a report containing the findings, conclusions, 

14 and recommendations of the study. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated such sums as are necessary 

17 to carry out this section. 

18 SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIR19 GINIA. 

20 (a) SPECIAL RESOURCES STUDY.—The Secretary of 

21 the Interior (referred to in this section as the ‘‘Secretary’’) 

22 shall conduct a special resource study relating to the Battle 

23 of Shepherdstown in Shepherdstown, West Virginia, to 

24 evaluate— 
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1 (1) the national significance of the 

2 Shepherdstown battlefield and sites relating to the 

3 Shepherdstown battlefield; and 

4 (2) the suitability and feasibility of adding the 

5 Shepherdstown battlefield and sites relating to the 

6 Shepherdstown battlefield as part of— 

7 (A) Harpers Ferry National Historical 

8 Park; or 

9 (B) Antietam National Battlefield. 

10 (b) CRITERIA.—In conducting the study authorized 

11 under subsection (a), the Secretary shall use the criteria for 

12 the study of areas for potential inclusion in the National 

13 Park System contained in section 8(c) of Public Law 91– 

14 383 (16 U.S.C. 1a–5(c)). 

15 (c) REPORT.—Not later than 3 years after the date on 

16 which funds are made available to carry out this section, 

17 the Secretary shall submit to the Committee on Energy and 

18 Natural Resources of the Senate and the Committee on Nat19 ural Resources of the House of Representatives a report con20 taining the findings, conclusions, and recommendations of 

21 the study conducted under subsection (a). 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

23 authorized to be appropriated such sums as are necessary 

24 to carry out this section. 
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1 SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE. 

2 (a) IN GENERAL.—The Secretary of the Interior (re3 ferred to in this section as the ‘‘Secretary’’) shall conduct 

4 a special resource study of the site of Green McAdoo School 

5 in Clinton, Tennessee, (referred to in this section as the 

6 ‘‘site’’) to evaluate— 

7 (1) the national significance of the site; and 

8 (2) the suitability and feasibility of designating 

9 the site as a unit of the National Park System. 

10 (b) CRITERIA.—In conducting the study under sub11 section (a), the Secretary shall use the criteria for the study 

12 of areas for potential inclusion in the National Park Sys13 tem under section 8(c) of Public Law 91–383 (16 U.S.C. 

14 1a–5(c)). 

15 (c) CONTENTS.—The study authorized by this section 

16 shall— 

17 (1) determine the suitability and feasibility of 

18 designating the site as a unit of the National Park 

19 System; 

20 (2) include cost estimates for any necessary ac21 quisition, development, operation, and maintenance 

22 of the site; and 

23 (3) identify alternatives for the management, ad24 ministration, and protection of the site. 

25 (d) REPORT.—Not later than 3 years after the date 

26 on which funds are made available to carry out this section, 
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1 the Secretary shall submit to the Committee on Natural Re2 sources of the House of Representatives and the Committee 

3 on Energy and Natural Resources of the Senate a report 

4 that describes— 

5 (1) the findings and conclusions of the study; 

6 and 

7 (2) any recommendations of the Secretary. 

8 SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI. 

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 of the Harry S Truman Birthplace 

12 State Historic Site (referred to in this section as the ‘‘birth13 place site’’) in Lamar, Missouri, to determine— 

14 (1) the suitability and feasibility of— 

15 (A) adding the birthplace site to the Harry 

16 S Truman National Historic Site; or 

17 (B) designating the birthplace site as a sep18 arate unit of the National Park System; and 

19 (2) the methods and means for the protection 

20 and interpretation of the birthplace site by the Na21 tional Park Service, other Federal, State, or local gov22 ernment entities, or private or nonprofit organiza23 tions. 

24 (b) STUDY REQUIREMENTS.—The Secretary shall con25 duct the study required under subsection (a) in accordance 
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1 with section 8(c) of Public Law 91–383 (16 U.S.C. 1a– 

2 5(c)). 

3 (c) REPORT.—Not later than 3 years after the date on 

4 which funds are made available to carry out this section, 

5 the Secretary shall submit to the Committee on Natural Re6 sources of the House of Representatives and the Committee 

7 on Energy and Natural Resources of the Senate a report 

8 containing— 

9 (1) the results of the study conducted under sub10 section (a); and 

11 (2) any recommendations of the Secretary with 

12 respect to the birthplace site. 

13 SEC. 7208. BATTLE OF MATEWAN SPECIAL RESOURCE 

14 STUDY. 

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 sites and resources at 

18 Matewan, West Virginia, associated with the Battle of 

19 Matewan (also known as the ‘‘Matewan Massacre’’) of May 

20 19, 1920, to determine— 

21 (1) the suitability and feasibility of designating 

22 certain historic areas of Matewan, West Virginia, as 

23 a unit of the National Park System; and 

24 (2) the methods and means for the protection 

25 and interpretation of the historic areas by the Na-
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1 tional Park Service, other Federal, State, or local gov2 ernment entities, or private or nonprofit organiza3 tions. 

4 (b) STUDY REQUIREMENTS.—The Secretary shall con5 duct the study required under subsection (a) in accordance 

6 with section 8(c) of Public Law 91–383 (16 U.S.C. 1a– 

7 5(c)). 

8 (c) REPORT.—Not later than 3 years after the date on 

9 which funds are made available to carry out this section, 

10 the Secretary shall submit to the Committee on Natural Re11 sources of the House of Representatives and the Committee 

12 on Energy and Natural Resources of the Senate a report 

13 containing— 

14 (1) the results of the study conducted under sub15 section (a); and 

16 (2) any recommendations of the Secretary with 

17 respect to the historic areas. 

18 SEC. 7209. BUTTERFIELD OVERLAND TRAIL. 

19 (a) IN GENERAL.—The Secretary of the Interior (re20 ferred to in this section as the ‘‘Secretary’’) shall conduct 

21 a special resource study along the route known as the ‘‘Ox22 Bow Route’’ of the Butterfield Overland Trail (referred to 

23 in this section as the ‘‘route’’) in the States of Missouri, 

24 Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Ari25 zona, and California to evaluate— 
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1 (1) a range of alternatives for protecting and in2 terpreting the resources of the route, including alter3 natives for potential addition of the Trail to the Na4 tional Trails System; and 

5 (2) the methods and means for the protection 

6 and interpretation of the route by the National Park 

7 Service, other Federal, State, or local government en8 tities, or private or nonprofit organizations. 

9 (b) STUDY REQUIREMENTS.—The Secretary shall con10 duct the study required under subsection (a) in accordance 

11 with section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)) 

12 or section 5(b) of the National Trails System Act (16 U.S.C. 

13 1244(b)), as appropriate. 

14 (c) REPORT.—Not later than 3 years after the date on 

15 which funds are made available to carry out this section, 

16 the Secretary shall submit to the Committee on Natural Re17 sources of the House of Representatives and the Committee 

18 on Energy and Natural Resources of the Senate a report 

19 containing— 

20 (1) the results of the study conducted under sub21 section (a); and 

22 (2) any recommendations of the Secretary with 

23 respect to the route. 

24 SEC. 7210. COLD WAR SITES THEME STUDY. 

25 (a) DEFINITIONS.— 
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1 (1) ADVISORY COMMITTEE.—The term ‘‘Advisory 

2 Committee’’ means the Cold War Advisory Committee 

3 established under subsection (c). 

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

5 the Secretary of the Interior. 

6 (3) THEME STUDY.—The term ‘‘theme study’’ 

7 means the national historic landmark theme study 

8 conducted under subsection (b)(1). 

9 (b) COLD WAR THEME STUDY.— 

10 (1) IN GENERAL.—The Secretary shall conduct a 

11 national historic landmark theme study to identify 

12 sites and resources in the United States that are sig13 nificant to the Cold War. 

14 (2) RESOURCES.—In conducting the theme 

15 study, the Secretary shall consider— 

16 (A) the inventory of sites and resources as17 sociated with the Cold War completed by the Sec18 retary of Defense under section 8120(b)(9) of the 

19 Department of Defense Appropriations Act, 1991 

20 (Public Law 101–511; 104 Stat. 1906); and 

21 (B) historical studies and research of Cold 

22 War sites and resources, including— 

23 (i) intercontinental ballistic missiles; 

24 (ii) flight training centers; 

25 (iii) manufacturing facilities; 
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1 (iv) communications and command 

2 centers (such as Cheyenne Mountain, Colo3 rado); 

4 (v) defensive radar networks (such as 

5 the Distant Early Warning Line); 

6 (vi) nuclear weapons test sites (such as 

7 the Nevada test site); and 

8 (vii) strategic and tactical aircraft. 

9 (3) CONTENTS.—The theme study shall in10 clude— 

11 (A) recommendations for commemorating 

12 and interpreting sites and resources identified by 

13 the theme study, including— 

14 (i) sites for which studies for potential 

15 inclusion in the National Park System 

16 should be authorized; 

17 (ii) sites for which new national his18 toric landmarks should be nominated; and 

19 (iii) other appropriate designations; 

20 (B) recommendations for cooperative agree21 ments with— 

22 (i) State and local governments; 

23 (ii) local historical organizations; and 

24 (iii) other appropriate entities; and 
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1 (C) an estimate of the amount required to 

2 carry out the recommendations under subpara3 graphs (A) and (B). 

4 (4) CONSULTATION.—In conducting the theme 

5 study, the Secretary shall consult with— 

6 (A) the Secretary of the Air Force; 

7 (B) State and local officials; 

8 (C) State historic preservation offices; and 

9 (D) other interested organizations and indi10 viduals. 

11 (5) REPORT.—Not later than 3 years after the 

12 date on which funds are made available to carry out 

13 this section, the Secretary shall submit to the Com14 mittee on Natural Resources of the House of Rep15 resentatives and the Committee on Energy and Nat16 ural Resources of the Senate a report that describes 

17 the findings, conclusions, and recommendations of the 

18 theme study. 

19 (c) COLD WAR ADVISORY COMMITTEE.— 

20 (1) ESTABLISHMENT.—As soon as practicable 

21 after funds are made available to carry out this sec22 tion, the Secretary shall establish an advisory com23 mittee, to be known as the ‘‘Cold War Advisory Com24 mittee’’, to assist the Secretary in carrying out this 

25 section. 
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1 (2) COMPOSITION.—The Advisory Committee 

2 shall be composed of 9 members, to be appointed by 

3 the Secretary, of whom— 

4 (A) 3 shall have expertise in Cold War his5 tory; 

6 (B) 2 shall have expertise in historic preser7 vation; 

8 (C) 1 shall have expertise in the history of 

9 the United States; and 

10 (D) 3 shall represent the general public. 

11 (3) CHAIRPERSON.—The Advisory Committee 

12 shall select a chairperson from among the members of 

13 the Advisory Committee. 

14 (4) COMPENSATION.—A member of the Advisory 

15 Committee shall serve without compensation but may 

16 be reimbursed by the Secretary for expenses reason17 ably incurred in the performance of the duties of the 

18 Advisory Committee. 

19 (5) MEETINGS.—On at least 3 occasions, the Sec20 retary (or a designee) shall meet and consult with the 

21 Advisory Committee on matters relating to the theme 

22 study. 

23 (d) INTERPRETIVE HANDBOOK ON THE COLD WAR.— 

24 Not later than 4 years after the date on which funds are 
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1 made available to carry out this section, the Secretary 

2 shall— 

3 (1) prepare and publish an interpretive hand4 book on the Cold War; and 

5 (2) disseminate information in the theme study 

6 by other appropriate means. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated to carry out this section 

9 $500,000. 

10 SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA. 

11 (a) IN GENERAL.—The Secretary shall complete a spe12 cial resource study of the site of the Battle of Camden fought 

13 in South Carolina on August 16, 1780, and the site of His14 toric Camden, which is a National Park System Affiliated 

15 Area, to determine— 

16 (1) the suitability and feasibility of designating 

17 the sites as a unit or units of the National Park Sys18 tem; and 

19 (2) the methods and means for the protection 

20 and interpretation of these sites by the National Park 

21 Service, other Federal, State, or local government en22 tities or private or non-profit organizations. 

23 (b) STUDY REQUIREMENTS.—The Secretary shall con24 duct the study in accordance with section 8(c) of Public 

25 Law 91–383 (16 U.S.C. 1a–5(c)). 
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1 (c) REPORT.—Not later than 3 years after the date on 

2 which funds are made available to carry out this section, 

3 the Secretary shall submit to the Committee on Natural Re4 sources of the House of Representatives and the Committee 

5 on Energy and Natural Resources of the Senate a report 

6 containing— 

7 (1) the results of the study; and 

8 (2) any recommendations of the Secretary. 

9 SEC. 7212. FORT SAN GERO ́ NIMO, PUERTO RICO. 

10 (a) DEFINITIONS.—In this section: 

11 (1) FORT SAN GERO ́NIMO.—The term ‘‘Fort San 

12 Gero ́nimo’’ (also known as ‘‘Fortı ́n de San Gero ́nimo 

13 del Boquero ́n’’) means the fort and grounds listed on 

14 the National Register of Historic Places and located 

15 near Old San Juan, Puerto Rico. 

16 (2) RELATED RESOURCES.—The term ‘‘related 

17 resources’’ means other parts of the fortification sys18 tem of old San Juan that are not included within the 

19 boundary of San Juan National Historic Site, such 

20 as sections of the City Wall or other fortifications. 

21 (b) STUDY.— 

22 (1) IN GENERAL.—The Secretary shall complete 

23 a special resource study of Fort San Gero ́nimo and 

24 other related resources, to determine— 
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1 (A) the suitability and feasibility of includ2 ing Fort San Gero ́nimo and other related re3 sources in the Commonwealth of Puerto Rico as 

4 part of San Juan National Historic Site; and 

5 (B) the methods and means for the protec6 tion and interpretation of Fort San Gero ́nimo 

7 and other related resources by the National Park 

8 Service, other Federal, State, or local government 

9 entities or private or non-profit organizations. 

10 (2) STUDY REQUIREMENTS.—The Secretary shall 

11 conduct the study in accordance with section 8(c) of 

12 Public Law 91–383 (16 U.S.C. 1a–5(c)). 

13 (c) REPORT.—Not later than 3 years after the date on 

14 which funds are made available to carry out this section, 

15 the Secretary shall submit to the Committee on Natural Re16 sources of the House of Representatives and the Committee 

17 on Energy and Natural Resources of the Senate a report 

18 containing— 

19 (1) the results of the study; and 

20 (2) any recommendations of the Secretary. 
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1 Subtitle D—Program 

2 Authorizations 

3 SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PRO4 GRAM. 

5 (a) PURPOSE.—The purpose of this section is to assist 

6 citizens, public and private institutions, and governments 

7 at all levels in planning, interpreting, and protecting sites 

8 where historic battles were fought on American soil during 

9 the armed conflicts that shaped the growth and development 

10 of the United States, in order that present and future gen11 erations may learn and gain inspiration from the ground 

12 where Americans made their ultimate sacrifice. 

13 (b) PRESERVATION ASSISTANCE.— 

14 (1) IN GENERAL.—Using the established national 

15 historic preservation program to the extent prac16 ticable, the Secretary of the Interior, acting through 

17 the American Battlefield Protection Program, shall 

18 encourage, support, assist, recognize, and work in 

19 partnership with citizens, Federal, State, local, and 

20 tribal governments, other public entities, educational 

21 institutions, and private nonprofit organizations in 

22 identifying, researching, evaluating, interpreting, and 

23 protecting historic battlefields and associated sites on 

24 a National, State, and local level. 
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1 (2) FINANCIAL ASSISTANCE.—To carry out para2 graph (1), the Secretary may use a cooperative agree3 ment, grant, contract, or other generally adopted 

4 means of providing financial assistance. 

5 (3) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated $3,000,000 

7 annually to carry out this subsection, to remain 

8 available until expended. 

9 (c) BATTLEFIELD ACQUISITION GRANT PROGRAM.— 

10 (1) DEFINITIONS.—In this subsection: 

11 (A) BATTLEFIELD REPORT.—The term 

12 ‘‘Battlefield Report’’ means the document enti13 tled ‘‘Report on the Nation’s Civil War Battle14 fields’’, prepared by the Civil War Sites Advisory 

15 Commission, and dated July 1993. 

16 (B) ELIGIBLE ENTITY.—The term ‘‘eligible 

17 entity’’ means a State or local government. 

18 (C) ELIGIBLE SITE.—The term ‘‘eligible 

19 site’’ means a site— 

20 (i) that is not within the exterior 

21 boundaries of a unit of the National Park 

22 System; and 

23 (ii) that is identified in the Battlefield 

24 Report. 
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1 (D) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of the Interior, acting 

3 through the American Battlefield Protection Pro4 gram. 

5 (2) ESTABLISHMENT.—The Secretary shall estab6 lish a battlefield acquisition grant program under 

7 which the Secretary may provide grants to eligible en8 tities to pay the Federal share of the cost of acquiring 

9 interests in eligible sites for the preservation and pro10 tection of those eligible sites. 

11 (3) NONPROFIT PARTNERS.—An eligible entity 

12 may acquire an interest in an eligible site using a 

13 grant under this subsection in partnership with a 

14 nonprofit organization. 

15 (4) NON-FEDERAL SHARE.—The non-Federal 

16 share of the total cost of acquiring an interest in an 

17 eligible site under this subsection shall be not less 

18 than 50 percent. 

19 (5) LIMITATION ON LAND USE.—An interest in 

20 an eligible site acquired under this subsection shall be 

21 subject to section 6(f)(3) of the Land and Water Con22 servation Fund Act of 1965 (16 U.S.C. 460l–8(f)(3)). 

23 (6) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to the Sec25 retary to provide grants under this subsection 
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1 $10,000,000 for each of fiscal years 2009 through 

2 2013. 

3 SEC. 7302. PRESERVE AMERICA PROGRAM. 

4 (a) PURPOSE.—The purpose of this section is to au5 thorize the Preserve America Program, including— 

6 (1) the Preserve America grant program within 

7 the Department of the Interior; 

8 (2) the recognition programs administered by the 

9 Advisory Council on Historic Preservation; and 

10 (3) the related efforts of Federal agencies, work11 ing in partnership with State, tribal, and local gov12 ernments and the private sector, to support and pro13 mote the preservation of historic resources. 

14 (b) DEFINITIONS.—In this section: 

15 (1) COUNCIL.—The term ‘‘Council’’ means the 

16 Advisory Council on Historic Preservation. 

17 (2) HERITAGE TOURISM.—The term ‘‘heritage 

18 tourism’’ means the conduct of activities to attract 

19 and accommodate visitors to a site or area based on 

20 the unique or special aspects of the history, landscape 

21 (including trail systems), and culture of the site or 

22 area. 

23 (3) PROGRAM.—The term ‘‘program’’ means the 

24 Preserve America Program established under sub25 section (c)(1). 
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (c) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established in the De5 partment of the Interior the Preserve America Pro6 gram, under which the Secretary, in partnership with 

7 the Council, may provide competitive grants to 

8 States, local governments (including local govern9 ments in the process of applying for designation as 

10 Preserve America Communities under subsection (d)), 

11 Indian tribes, communities designated as Preserve 

12 America Communities under subsection (d), State his13 toric preservation offices, and tribal historic preserva14 tion offices to support preservation efforts through 

15 heritage tourism, education, and historic preservation 

16 planning activities. 

17 (2) ELIGIBLE PROJECTS.— 

18 (A) IN GENERAL.—The following projects 

19 shall be eligible for a grant under this section: 

20 (i) A project for the conduct of— 

21 (I) research on, and documenta22 tion of, the history of a community; 

23 and 

24 (II) surveys of the historic re25 sources of a community. 
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1 (ii) An education and interpretation 

2 project that conveys the history of a commu3 nity or site. 

4 (iii) A planning project (other than 

5 building rehabilitation) that advances eco6 nomic development using heritage tourism 

7 and historic preservation. 

8 (iv) A training project that provides 

9 opportunities for professional development 

10 in areas that would aid a community in 

11 using and promoting its historic resources. 

12 (v) A project to support heritage tour13 ism in a Preserve America Community des14 ignated under subsection (d). 

15 (vi) Other nonconstruction projects 

16 that identify or promote historic properties 

17 or provide for the education of the public 

18 about historic properties that are consistent 

19 with the purposes of this section. 

20 (B) LIMITATION.—In providing grants 

21 under this section, the Secretary shall only pro22 vide 1 grant to each eligible project selected for 

23 a grant. 

24 (3) PREFERENCE.—In providing grants under 

25 this section, the Secretary may give preference to 
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1 projects that carry out the purposes of both the pro2 gram and the Save America’s Treasures Program. 

3 (4) CONSULTATION AND NOTIFICATION.— 

4 (A) CONSULTATION.—The Secretary shall 

5 consult with the Council in preparing the list of 

6 projects to be provided grants for a fiscal year 

7 under the program. 

8 (B) NOTIFICATION.—Not later than 30 days 

9 before the date on which the Secretary provides 

10 grants for a fiscal year under the program, the 

11 Secretary shall submit to the Committee on En12 ergy and Natural Resources of the Senate, the 

13 Committee on Appropriations of the Senate, the 

14 Committee on Natural Resources of the House of 

15 Representatives, and the Committee on Appro16 priations of the House of Representatives a list 

17 of any eligible projects that are to be provided 

18 grants under the program for the fiscal year. 

19 (5) COST-SHARING REQUIREMENT.— 

20 (A) IN GENERAL.—The non-Federal share of 

21 the cost of carrying out a project provided a 

22 grant under this section shall be not less than 50 

23 percent of the total cost of the project. 
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1 (B) FORM OF NON-FEDERAL SHARE.—The 

2 non-Federal share required under subparagraph 

3 (A) shall be in the form of— 

4 (i) cash; or 

5 (ii) donated supplies and related serv6 ices, the value of which shall be determined 

7 by the Secretary. 

8 (C) REQUIREMENT.—The Secretary shall 

9 ensure that each applicant for a grant has the 

10 capacity to secure, and a feasible plan for secur11 ing, the non-Federal share for an eligible project 

12 required under subparagraph (A) before a grant 

13 is provided to the eligible project under the pro14 gram. 

15 (d) DESIGNATION OF PRESERVE AMERICA COMMU16 NITIES.— 

17 (1) APPLICATION.—To be considered for designa18 tion as a Preserve America Community, a commu19 nity, tribal area, or neighborhood shall submit to the 

20 Council an application containing such information 

21 as the Council may require. 

22 (2) CRITERIA.—To be designated as a Preserve 

23 America Community under the program, a commu24 nity, tribal area, or neighborhood that submits an ap25 plication under paragraph (1) shall, as determined by 
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1 the Council, in consultation with the Secretary, meet 

2 criteria required by the Council and, in addition, 

3 consider— 

4 (A) protection and celebration of the herit5 age of the community, tribal area, or neighbor6 hood; 

7 (B) use of the historic assets of the commu8 nity, tribal area, or neighborhood for economic 

9 development and community revitalization; and 

10 (C) encouragement of people to experience 

11 and appreciate local historic resources through 

12 education and heritage tourism programs. 

13 (3) LOCAL GOVERNMENTS PREVIOUSLY CER14 TIFIED FOR HISTORIC PRESERVATION ACTIVITIES.— 

15 The Council shall establish an expedited process for 

16 Preserve America Community designation for local 

17 governments previously certified for historic preserva18 tion activities under section 101(c)(1) of the National 

19 Historic Preservation Act (16 U.S.C. 470a(c)(1)). 

20 (4) GUIDELINES.—The Council, in consultation 

21 with the Secretary, shall establish any guidelines that 

22 are necessary to carry out this subsection. 

23 (e) REGULATIONS.—The Secretary shall develop any 

24 guidelines and issue any regulations that the Secretary de25 termines to be necessary to carry out this section. 
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $25,000,000 for each fiscal year, to remain available until 

4 expended. 

5 SEC. 7303. SAVE AMERICA’S TREASURES PROGRAM. 

6 (a) PURPOSE.—The purpose of this section is to au7 thorize within the Department of the Interior the Save 

8 America’s Treasures Program, to be carried out by the Di9 rector of the National Park Service, in partnership with— 

10 (1) the National Endowment for the Arts; 

11 (2) the National Endowment for the Humanities; 

12 (3) the Institute of Museum and Library Serv13 ices; 

14 (4) the National Trust for Historic Preservation; 

15 (5) the National Conference of State Historic 

16 Preservation Officers; 

17 (6) the National Association of Tribal Historic 

18 Preservation Officers; and 

19 (7) the President’s Committee on the Arts and 

20 the Humanities. 

21 (b) DEFINITIONS.—In this section: 

22 (1) COLLECTION.—The term ‘‘collection’’ means 

23 a collection of intellectual and cultural artifacts, in24 cluding documents, sculpture, and works of art. 
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1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means a Federal entity, State, local, or tribal gov3 ernment, educational institution, or nonprofit organi4 zation. 

5 (3) HISTORIC PROPERTY.—The term ‘‘historic 

6 property’’ has the meaning given the term in section 

7 301 of the National Historic Preservation Act (16 

8 U.S.C. 470w). 

9 (4) NATIONALLY SIGNIFICANT.—The term ‘‘na10 tionally significant’’ means a collection or historic 

11 property that meets the applicable criteria for na12 tional significance, in accordance with regulations 

13 promulgated by the Secretary pursuant to section 

14 101(a)(2) of the National Historic Preservation Act 

15 (16 U.S.C. 470a(a)(2)). 

16 (5) PROGRAM.—The term ‘‘program’’ means the 

17 Save America’s Treasures Program established under 

18 subsection (c)(1). 

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

20 the Secretary of the Interior, acting through the Di21 rector of the National Park Service. 

22 (c) ESTABLISHMENT.— 

23 (1) IN GENERAL.—There is established in the De24 partment of the Interior the Save America’s Treasures 

25 program, under which the amounts made available to 
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1 the Secretary under subsection (e) shall be used by the 

2 Secretary, in consultation with the organizations de3 scribed in subsection (a), subject to paragraph 

4 (6)(A)(ii), to provide grants to eligible entities for 

5 projects to preserve nationally significant collections 

6 and historic properties. 

7 (2) DETERMINATION OF GRANTS.—Of the 

8 amounts made available for grants under subsection 

9 (e), not less than 50 percent shall be made available 

10 for grants for projects to preserve collections and his11 toric properties, to be distributed through a competi12 tive grant process administered by the Secretary, sub13 ject to the eligibility criteria established under para14 graph (5). 

15 (3) APPLICATIONS FOR GRANTS.—To be consid16 ered for a competitive grant under the program an el17 igible entity shall submit to the Secretary an applica18 tion containing such information as the Secretary 

19 may require. 

20 (4) COLLECTIONS AND HISTORIC PROPERTIES

21 ELIGIBLE FOR COMPETITIVE GRANTS.— 

22 (A) IN GENERAL.—A collection or historic 

23 property shall be provided a competitive grant 

24 under the program only if the Secretary deter-
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1 mines that the collection or historic property 

2 is— 

3 (i) nationally significant; and 

4 (ii) threatened or endangered. 

5 (B) ELIGIBLE COLLECTIONS.—A determina6 tion by the Secretary regarding the national sig7 nificance of collections under subparagraph 

8 (A)(i) shall be made in consultation with the or9 ganizations described in subsection (a), as ap10 propriate. 

11 (C) ELIGIBLE HISTORIC PROPERTIES.—To 

12 be eligible for a competitive grant under the pro13 gram, a historic property shall, as of the date of 

14 the grant application— 

15 (i) be listed in the National Register of 

16 Historic Places at the national level of sig17 nificance; or 

18 (ii) be designated as a National His19 toric Landmark. 

20 (5) SELECTION CRITERIA FOR GRANTS.— 

21 (A) IN GENERAL.—The Secretary shall not 

22 provide a grant under this section to a project 

23 for an eligible collection or historic property un24 less the project— 
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1 (i) eliminates or substantially miti2 gates the threat of destruction or deteriora3 tion of the eligible collection or historic 

4 property; 

5 (ii) has a clear public benefit; and 

6 (iii) is able to be completed on schedule 

7 and within the budget described in the 

8 grant application. 

9 (B) PREFERENCE.—In providing grants 

10 under this section, the Secretary may give pref11 erence to projects that carry out the purposes of 

12 both the program and the Preserve America Pro13 gram. 

14 (C) LIMITATION.—In providing grants 

15 under this section, the Secretary shall only pro16 vide 1 grant to each eligible project selected for 

17 a grant. 

18 (6) CONSULTATION AND NOTIFICATION BY SEC19 RETARY.— 

20 (A) CONSULTATION.— 

21 (i) IN GENERAL.—Subject to clause 

22 (ii), the Secretary shall consult with the or23 ganizations described in subsection (a) in 

24 preparing the list of projects to be provided 
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1 grants for a fiscal year by the Secretary 

2 under the program. 

3 (ii) LIMITATION.—If an entity de4 scribed in clause (i) has submitted an ap5 plication for a grant under the program, 

6 the entity shall be recused by the Secretary 

7 from the consultation requirements under 

8 that clause and paragraph (1). 

9 (B) NOTIFICATION.—Not later than 30 days 

10 before the date on which the Secretary provides 

11 grants for a fiscal year under the program, the 

12 Secretary shall submit to the Committee on En13 ergy and Natural Resources of the Senate, the 

14 Committee on Appropriations of the Senate, the 

15 Committee on Natural Resources of the House of 

16 Representatives, and the Committee on Appro17 priations of the House of Representatives a list 

18 of any eligible projects that are to be provided 

19 grants under the program for the fiscal year. 

20 (7) COST-SHARING REQUIREMENT.— 

21 (A) IN GENERAL.—The non-Federal share of 

22 the cost of carrying out a project provided a 

23 grant under this section shall be not less than 50 

24 percent of the total cost of the project. 
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1 (B) FORM OF NON-FEDERAL SHARE.—The 

2 non-Federal share required under subparagraph 

3 (A) shall be in the form of— 

4 (i) cash; or 

5 (ii) donated supplies or related serv6 ices, the value of which shall be determined 

7 by the Secretary. 

8 (C) REQUIREMENT.—The Secretary shall 

9 ensure that each applicant for a grant has the 

10 capacity and a feasible plan for securing the 

11 non-Federal share for an eligible project required 

12 under subparagraph (A) before a grant is pro13 vided to the eligible project under the program. 

14 (d) REGULATIONS.—The Secretary shall develop any 

15 guidelines and issue any regulations that the Secretary de16 termines to be necessary to carry out this section. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $50,000,000 for each fiscal year, to remain available until 

20 expended. 

21 SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM. 

22 Section 4 of Public Law 106–45 (16 U.S.C. 461 note; 

23 113 Stat. 226) is amended by striking ‘‘2009’’ and inserting 

24 ‘‘2019’’. 
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1 SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTI2 TUTE. 

3 The National Cave and Karst Research Institute Act 

4 of 1998 (16 U.S.C. 4310 note; Public Law 105–325) is 

5 amended by striking section 5 and inserting the following: 

6 ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

7 ‘‘There are authorized to be appropriated such sums 

8 as are necessary to carry out this Act.’’. 

9 Subtitle E—Advisory Commissions 

10 SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY 

11 COMMISSION. 

12 Section 505(f)(7) of the National Parks and Recreation 

13 Act of 1978 (16 U.S.C. 396d(f)(7)) is amended by striking 

14 ‘‘ten years after the date of enactment of the Na Hoa Pili 

15 O Kaloko-Honokohau Re-establishment Act of 1996’’ and 

16 inserting ‘‘on December 31, 2018’’. 

17 SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COM18 MISSION. 

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. CONCESSIONS MANAGEMENT ADVISORY BOARD. 

23 Section 409(d) of the National Park Service Conces24 sions Management Improvement Act of 1998 (16 U.S.C. 

25 5958(d)) is amended in the first sentence by striking 

26 ‘‘2008’’ and inserting ‘‘2009’’. 
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1 SEC. 7404. ST. AUGUSTINE 450TH COMMEMORATION COM2 MISSION. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COMMEMORATION.—The term ‘‘commemora5 tion’’ means the commemoration of the 450th anni6 versary of the founding of the settlement of St. Augus7 tine, Florida. 

8 (2) COMMISSION.—The term ‘‘Commission’’ 

9 means the St. Augustine 450th Commemoration Com10 mission established by subsection (b)(1). 

11 (3) GOVERNOR.—The term ‘‘Governor’’ means 

12 the Governor of the State. 

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

14 the Secretary of the Interior. 

15 (5) STATE.— 

16 (A) IN GENERAL.—The term ‘‘State’’ means 

17 the State of Florida. 

18 (B) INCLUSION.—The term ‘‘State’’ includes 

19 agencies and entities of the State of Florida. 

20 (b) ESTABLISHMENT.— 

21 (1) IN GENERAL.—There is established a com22 mission, to be known as the ‘‘St. Augustine 450th 

23 Commemoration Commission’’. 

24 (2) MEMBERSHIP.— 

25 (A) COMPOSITION.—The Commission shall 

26 be composed of 14 members, of whom— 
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1 (i) 3 members shall be appointed by 

2 the Secretary, after considering the rec3 ommendations of the St. Augustine City 

4 Commission; 

5 (ii) 3 members shall be appointed by 

6 the Secretary, after considering the rec7 ommendations of the Governor; 

8 (iii) 1 member shall be an employee of 

9 the National Park Service having experience 

10 relevant to the historical resources relating 

11 to the city of St. Augustine and the com12 memoration, to be appointed by the Sec13 retary; 

14 (iv) 1 member shall be appointed by 

15 the Secretary, taking into consideration the 

16 recommendations of the Mayor of the city of 

17 St. Augustine; 

18 (v) 1 member shall be appointed by the 

19 Secretary, after considering the rec20 ommendations of the Chancellor of the Uni21 versity System of Florida; and 

22 (vi) 5 members shall be individuals 

23 who are residents of the State who have an 

24 interest in, support for, and expertise ap25 propriate to the commemoration, to be ap-
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1 pointed by the Secretary, taking into con2 sideration the recommendations of Members 

3 of Congress. 

4 (B) TIME OF APPOINTMENT.—Each ap5 pointment of an initial member of the Commis6 sion shall be made before the expiration of the 

7 120-day period beginning on the date of enact8 ment of this Act. 

9 (C) TERM; VACANCIES.— 

10 (i) TERM.—A member of the Commis11 sion shall be appointed for the life of the 

12 Commission. 

13 (ii) VACANCIES.— 

14 (I) IN GENERAL.—A vacancy on 

15 the Commission shall be filled in the 

16 same manner in which the original ap17 pointment was made. 

18 (II) PARTIAL TERM.—A member 

19 appointed to fill a vacancy on the 

20 Commission shall serve for the remain21 der of the term for which the prede22 cessor of the member was appointed. 

23 (iii) CONTINUATION OF MEMBER24 SHIP.—If a member of the Commission was 

25 appointed to the Commission as Mayor of 
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1 the city of St. Augustine or as an employee 

2 of the National Park Service or the State 

3 University System of Florida, and ceases to 

4 hold such position, that member may con5 tinue to serve on the Commission for not 

6 longer than the 30-day period beginning on 

7 the date on which that member ceases to 

8 hold the position. 

9 (3) DUTIES.—The Commission shall— 

10 (A) plan, develop, and carry out programs 

11 and activities appropriate for the commemora12 tion; 

13 (B) facilitate activities relating to the com14 memoration throughout the United States; 

15 (C) encourage civic, patriotic, historical, 

16 educational, artistic, religious, economic, and 

17 other organizations throughout the United States 

18 to organize and participate in anniversary ac19 tivities to expand understanding and apprecia20 tion of the significance of the founding and con21 tinuing history of St. Augustine; 

22 (D) provide technical assistance to States, 

23 localities, and nonprofit organizations to further 

24 the commemoration; 
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1 (E) coordinate and facilitate for the public 

2 scholarly research on, publication about, and in3 terpretation of, St. Augustine; 

4 (F) ensure that the commemoration pro5 vides a lasting legacy and long-term public ben6 efit by assisting in the development of appro7 priate programs; and 

8 (G) help ensure that the observances of the 

9 foundation of St. Augustine are inclusive and 

10 appropriately recognize the experiences and her11 itage of all individuals present when St. Augus12 tine was founded. 

13 (c) COMMISSION MEETINGS.— 

14 (1) INITIAL MEETING.—Not later than 30 days 

15 after the date on which all members of the Commis16 sion have been appointed, the Commission shall hold 

17 the initial meeting of the Commission. 

18 (2) MEETINGS.—The Commission shall meet— 

19 (A) at least 3 times each year; or 

20 (B) at the call of the Chairperson or the 

21 majority of the members of the Commission. 

22 (3) QUORUM.—A majority of the voting members 

23 shall constitute a quorum, but a lesser number may 

24 hold meetings. 

25 (4) CHAIRPERSON AND VICE CHAIRPERSON.— 
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1 (A) ELECTION.—The Commission shall elect 

2 the Chairperson and the Vice Chairperson of the 

3 Commission on an annual basis. 

4 (B) ABSENCE OF THE CHAIRPERSON.—The 

5 Vice Chairperson shall serve as the Chairperson 

6 in the absence of the Chairperson. 

7 (5) VOTING.—The Commission shall act only on 

8 an affirmative vote of a majority of the members of 

9 the Commission. 

10 (d) COMMISSION POWERS.— 

11 (1) GIFTS.—The Commission may solicit, accept, 

12 use, and dispose of gifts, bequests, or devises of money 

13 or other property for aiding or facilitating the work 

14 of the Commission. 

15 (2) APPOINTMENT OF ADVISORY COMMITTEES.— 

16 The Commission may appoint such advisory commit17 tees as the Commission determines to be necessary to 

18 carry out this section. 

19 (3) AUTHORIZATION OF ACTION.—The Commis20 sion may authorize any member or employee of the 

21 Commission to take any action that the Commission 

22 is authorized to take under this section. 

23 (4) PROCUREMENT.— 

24 (A) IN GENERAL.—The Commission may 

25 procure supplies, services, and property, and 
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1 make or enter into contracts, leases, or other 

2 legal agreements, to carry out this section (except 

3 that a contract, lease, or other legal agreement 

4 made or entered into by the Commission shall 

5 not extend beyond the date of termination of the 

6 Commission). 

7 (B) LIMITATION.—The Commission may 

8 not purchase real property. 

9 (5) POSTAL SERVICES.—The Commission may 

10 use the United States mails in the same manner and 

11 under the same conditions as other agencies of the 

12 Federal Government. 

13 (6) GRANTS AND TECHNICAL ASSISTANCE.—The 

14 Commission may— 

15 (A) provide grants in amounts not to exceed 

16 $20,000 per grant to communities and nonprofit 

17 organizations for use in developing programs to 

18 assist in the commemoration; 

19 (B) provide grants to research and scholarly 

20 organizations to research, publish, or distribute 

21 information relating to the early history of St. 

22 Augustine; and 

23 (C) provide technical assistance to States, 

24 localities, and nonprofit organizations to further 

25 the commemoration. 
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1 (e) COMMISSION PERSONNEL MATTERS.— 

2 (1) COMPENSATION OF MEMBERS.— 

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

4 paragraph (2), a member of the Commission 

5 shall serve without compensation. 

6 (B) FEDERAL EMPLOYEES.—A member of 

7 the Commission who is an officer or employee of 

8 the Federal Government shall serve without com9 pensation other than the compensation received 

10 for the services of the member as an officer or 

11 employee of the Federal Government. 

12 (2) TRAVEL EXPENSES.—A member of the Com13 mission shall be allowed travel expenses, including 

14 per diem in lieu of subsistence, at rates authorized for 

15 an employee of an agency under subchapter I of chap16 ter 57 of title 5, United States Code, while away from 

17 the home or regular place of business of the member 

18 in the performance of the duties of the Commission. 

19 (3) DIRECTOR AND STAFF.— 

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

21 Commission may, without regard to the civil 

22 service laws (including regulations), nominate 

23 an executive director to enable the Commission 

24 to perform the duties of the Commission. 
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1 (B) CONFIRMATION OF EXECUTIVE DIREC2 TOR.—The employment of an executive director 

3 shall be subject to confirmation by the Commis4 sion. 

5 (4) COMPENSATION.— 

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

7 subparagraph (B), the Commission may fix the 

8 compensation of the executive director and other 

9 personnel without regard to the provisions of 

10 chapter 51 and subchapter III of chapter 53 of 

11 title 5, United States Code, relating to classifica12 tion of positions and General Schedule pay rates. 

13 (B) MAXIMUM RATE OF PAY.—The rate of 

14 pay for the executive director and other per15 sonnel shall not exceed the rate payable for level 

16 V of the Executive Schedule under section 5316 

17 of title 5, United States Code. 

18 (5) DETAIL OF GOVERNMENT EMPLOYEES.— 

19 (A) FEDERAL EMPLOYEES.— 

20 (i) DETAIL.—At the request of the 

21 Commission, the head of any Federal agen22 cy may detail, on a reimbursable or nonre23 imbursable basis, any of the personnel of the 

24 agency to the Commission to assist the 
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1 Commission in carrying out the duties of 

2 the Commission under this section. 

3 (ii) CIVIL SERVICE STATUS.—The de4 tail of an employee under clause (i) shall be 

5 without interruption or loss of civil service 

6 status or privilege. 

7 (B) STATE EMPLOYEES.—The Commission 

8 may— 

9 (i) accept the services of personnel de10 tailed from the State; and 

11 (ii) reimburse the State for services of 

12 detailed personnel. 

13 (6) PROCUREMENT OF TEMPORARY AND INTER14 MITTENT SERVICES.—The Chairperson of the Com15 mission may procure temporary and intermittent 

16 services in accordance with section 3109(b) of title 5, 

17 United States Code, at rates for individuals that do 

18 not exceed the daily equivalent of the annual rate of 

19 basic pay prescribed for level V of the Executive 

20 Schedule under section 5316 of such title. 

21 (7) VOLUNTEER AND UNCOMPENSATED SERV22 ICES.—Notwithstanding section 1342 of title 31, 

23 United States Code, the Commission may accept and 

24 use such voluntary and uncompensated services as the 

25 Commission determines to be necessary. 
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1 (8) SUPPORT SERVICES.— 

2 (A) IN GENERAL.—The Secretary shall pro3 vide to the Commission, on a reimbursable basis, 

4 such administrative support services as the Com5 mission may request. 

6 (B) REIMBURSEMENT.—Any reimbursement 

7 under this paragraph shall be credited to the ap8 propriation, fund, or account used for paying 

9 the amounts reimbursed. 

10 (9) FACA NONAPPLICABILITY.—Section 14(b) of 

11 the Federal Advisory Committee Act (5 U.S.C. App.) 

12 shall not apply to the Commission. 

13 (10) NO EFFECT ON AUTHORITY.—Nothing in 

14 this subsection supersedes the authority of the State, 

15 the National Park Service, the city of St. Augustine, 

16 or any designee of those entities, with respect to the 

17 commemoration. 

18 (f) PLANS; REPORTS.— 

19 (1) STRATEGIC PLAN.—The Commission shall 

20 prepare a strategic plan for the activities of the Com21 mission carried out under this section. 

22 (2) FINAL REPORT.—Not later than September 

23 30, 2015, the Commission shall complete and submit 

24 to Congress a final report that contains— 
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1 (A) a summary of the activities of the Com2 mission; 

3 (B) a final accounting of funds received and 

4 expended by the Commission; and 

5 (C) the findings and recommendations of 

6 the Commission. 

7 (g) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—There is authorized to be ap9 propriated to the Commission to carry out this sec10 tion $500,000 for each of fiscal years 2009 through 

11 2015. 

12 (2) AVAILABILITY.—Amounts made available 

13 under paragraph (1) shall remain available until De14 cember 31, 2015. 

15 (h) TERMINATION OF COMMISSION.— 

16 (1) DATE OF TERMINATION.—The Commission 

17 shall terminate on December 31, 2015. 

18 (2) TRANSFER OF DOCUMENTS AND MATE19 RIALS.—Before the date of termination specified in 

20 paragraph (1), the Commission shall transfer all doc21 uments and materials of the Commission to the Na22 tional Archives or another appropriate Federal entity. 
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1 TITLE VIII—NATIONAL 

2 HERITAGE AREAS 

3 Subtitle A—Designation of National 

4 Heritage Areas 

5 SEC. 8001. SANGRE DE CRISTO NATIONAL HERITAGE AREA, 

6 COLORADO. 

7 (a) DEFINITIONS.—In this section: 

8 (1) HERITAGE AREA.—The term ‘‘Heritage 

9 Area’’ means the Sangre de Cristo National Heritage 

10 Area established by subsection (b)(1). 

11 (2) MANAGEMENT ENTITY.—The term ‘‘manage12 ment entity’’ means the management entity for the 

13 Heritage Area designated by subsection (b)(4). 

14 (3) MANAGEMENT PLAN.—The term ‘‘manage15 ment plan’’ means the management plan for the Her16 itage Area required under subsection (d). 

17 (4) MAP.—The term ‘‘map’’ means the map enti18 tled ‘‘Proposed Sangre De Cristo National Heritage 

19 Area’’ and dated November 2005. 

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) SANGRE DE CRISTO NATIONAL HERITAGE

25 AREA.— 
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1 (1) ESTABLISHMENT.—There is established in 

2 the State the Sangre de Cristo National Heritage 

3 Area. 

4 (2) BOUNDARIES.—The Heritage Area shall con5 sist of— 

6 (A) the counties of Alamosa, Conejos, and 

7 Costilla; and 

8 (B) the Monte Vista National Wildlife Ref9 uge, the Baca National Wildlife Refuge, the 

10 Great Sand Dunes National Park and Preserve, 

11 and other areas included in the map. 

12 (3) MAP.—A map of the Heritage Area shall 

13 be— 

14 (A) included in the management plan; and 

15 (B) on file and available for public inspec16 tion in the appropriate offices of the National 

17 Park Service. 

18 (4) MANAGEMENT ENTITY.— 

19 (A) IN GENERAL.—The management entity 

20 for the Heritage Area shall be the Sangre de 

21 Cristo National Heritage Area Board of Direc22 tors. 

23 (B) MEMBERSHIP REQUIREMENTS.—Mem24 bers of the Board shall include representatives 

25 from a broad cross-section of the individuals, 
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1 agencies, organizations, and governments that 

2 were involved in the planning and development 

3 of the Heritage Area before the date of enactment 

4 of this Act. 

5 (c) ADMINISTRATION.— 

6 (1) AUTHORITIES.—For purposes of carrying out 

7 the management plan, the Secretary, acting through 

8 the management entity, may use amounts made 

9 available under this section to— 

10 (A) make grants to the State or a political 

11 subdivision of the State, nonprofit organizations, 

12 and other persons; 

13 (B) enter into cooperative agreements with, 

14 or provide technical assistance to, the State or a 

15 political subdivision of the State, nonprofit orga16 nizations, and other interested parties; 

17 (C) hire and compensate staff, which shall 

18 include individuals with expertise in natural, 

19 cultural, and historical resources protection, and 

20 heritage programming; 

21 (D) obtain money or services from any 

22 source including any that are provided under 

23 any other Federal law or program; 

24 (E) contract for goods or services; and 
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1 (F) undertake to be a catalyst for any other 

2 activity that furthers the Heritage Area and is 

3 consistent with the approved management plan. 

4 (2) DUTIES.—The management entity shall— 

5 (A) in accordance with subsection (d), pre6 pare and submit a management plan for the 

7 Heritage Area to the Secretary; 

8 (B) assist units of local government, re9 gional planning organizations, and nonprofit or10 ganizations in carrying out the approved man11 agement plan by— 

12 (i) carrying out programs and projects 

13 that recognize, protect, and enhance impor14 tant resource values in the Heritage Area; 

15 (ii) establishing and maintaining in16 terpretive exhibits and programs in the 

17 Heritage Area; 

18 (iii) developing recreational and edu19 cational opportunities in the Heritage Area; 

20 (iv) increasing public awareness of, 

21 and appreciation for, natural, historical, 

22 scenic, and cultural resources of the Herit23 age Area; 

24 (v) protecting and restoring historic 

25 sites and buildings in the Heritage Area 
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1 that are consistent with Heritage Area 

2 themes; 

3 (vi) ensuring that clear, consistent, 

4 and appropriate signs identifying points of 

5 public access, and sites of interest are posted 

6 throughout the Heritage Area; and 

7 (vii) promoting a wide range of part8 nerships among governments, organizations, 

9 and individuals to further the Heritage 

10 Area; 

11 (C) consider the interests of diverse units of 

12 government, businesses, organizations, and indi13 viduals in the Heritage Area in the preparation 

14 and implementation of the management plan; 

15 (D) conduct meetings open to the public at 

16 least semiannually regarding the development 

17 and implementation of the management plan; 

18 (E) for any year that Federal funds have 

19 been received under this section— 

20 (i) submit an annual report to the Sec21 retary that describes the activities, expenses, 

22 and income of the management entity (in23 cluding grants to any other entities during 

24 the year that the report is made); 
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1 (ii) make available to the Secretary for 

2 audit all records relating to the expenditure 

3 of the funds and any matching funds; 

4 (iii) require, with respect to all agree5 ments authorizing expenditure of Federal 

6 funds by other organizations, that the orga7 nizations receiving the funds make available 

8 to the Secretary for audit all records con9 cerning the expenditure of the funds; and 

10 (F) encourage by appropriate means eco11 nomic viability that is consistent with the Herit12 age Area. 

13 (3) PROHIBITION ON THE ACQUISITION OF REAL

14 PROPERTY.—The management entity shall not use 

15 Federal funds made available under this section to ac16 quire real property or any interest in real property. 

17 (4) COST-SHARING REQUIREMENT.—The Federal 

18 share of the cost of any activity carried out using any 

19 assistance made available under this section shall be 

20 50 percent. 

21 (d) MANAGEMENT PLAN.— 

22 (1) IN GENERAL.—Not later than 3 years after 

23 the date of enactment of this Act, the management en24 tity shall submit to the Secretary for approval a pro25 posed management plan for the Heritage Area. 
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1 (2) REQUIREMENTS.—The management plan 

2 shall— 

3 (A) incorporate an integrated and coopera4 tive approach for the protection, enhancement, 

5 and interpretation of the natural, cultural, his6 toric, scenic, and recreational resources of the 

7 Heritage Area; 

8 (B) take into consideration State and local 

9 plans; 

10 (C) include— 

11 (i) an inventory of— 

12 (I) the resources located in the 

13 core area described in subsection 

14 (b)(2); and 

15 (II) any other property in the 

16 core area that— 

17 (aa) is related to the themes 

18 of the Heritage Area; and 

19 (bb) should be preserved, re20 stored, managed, or maintained 

21 because of the significance of the 

22 property; 

23 (ii) comprehensive policies, strategies 

24 and recommendations for conservation, 
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1 funding, management, and development of 

2 the Heritage Area; 

3 (iii) a description of actions that gov4 ernments, private organizations, and indi5 viduals have agreed to take to protect the 

6 natural, historical and cultural resources of 

7 the Heritage Area; 

8 (iv) a program of implementation for 

9 the management plan by the management 

10 entity that includes a description of— 

11 (I) actions to facilitate ongoing 

12 collaboration among partners to pro13 mote plans for resource protection, res14 toration, and construction; and 

15 (II) specific commitments for im16 plementation that have been made by 

17 the management entity or any govern18 ment, organization, or individual for 

19 the first 5 years of operation; 

20 (v) the identification of sources of 

21 funding for carrying out the management 

22 plan; 

23 (vi) analysis and recommendations for 

24 means by which local, State, and Federal 

25 programs, including the role of the National 
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1 Park Service in the Heritage Area, may 

2 best be coordinated to carry out this section; 

3 and 

4 (vii) an interpretive plan for the Her5 itage Area; and 

6 (D) recommend policies and strategies for 

7 resource management that consider and detail 

8 the application of appropriate land and water 

9 management techniques, including the develop10 ment of intergovernmental and interagency coop11 erative agreements to protect the natural, histor12 ical, cultural, educational, scenic, and rec13 reational resources of the Heritage Area. 

14 (3) DEADLINE.—If a proposed management plan 

15 is not submitted to the Secretary by the date that is 

16 3 years after the date of enactment of this Act, the 

17 management entity shall be ineligible to receive addi18 tional funding under this section until the date that 

19 the Secretary receives and approves the management 

20 plan. 

21 (4) APPROVAL OR DISAPPROVAL OF MANAGEMENT

22 PLAN.— 

23 (A) IN GENERAL.—Not later than 180 days 

24 after the date of receipt of the management plan 

25 under paragraph (1), the Secretary, in consulta-
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1 tion with the State, shall approve or disapprove 

2 the management plan. 

3 (B) CRITERIA FOR APPROVAL.—In deter4 mining whether to approve the management 

5 plan, the Secretary shall consider whether— 

6 (i) the management entity is represent7 ative of the diverse interests of the Heritage 

8 Area, including governments, natural and 

9 historic resource protection organizations, 

10 educational institutions, businesses, and 

11 recreational organizations; 

12 (ii) the management entity has af13 forded adequate opportunity, including pub14 lic hearings, for public and governmental 

15 involvement in the preparation of the man16 agement plan; and 

17 (iii) the resource protection and inter18 pretation strategies contained in the man19 agement plan, if implemented, would ade20 quately protect the natural, historical, and 

21 cultural resources of the Heritage Area. 

22 (C) ACTION FOLLOWING DISAPPROVAL.—If 

23 the Secretary disapproves the management plan 

24 under subparagraph (A), the Secretary shall— 
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1 (i) advise the management entity in 

2 writing of the reasons for the disapproval; 

3 (ii) make recommendations for revi4 sions to the management plan; and 

5 (iii) not later than 180 days after the 

6 receipt of any proposed revision of the man7 agement plan from the management entity, 

8 approve or disapprove the proposed revi9 sion. 

10 (D) AMENDMENTS.— 

11 (i) IN GENERAL.—The Secretary shall 

12 approve or disapprove each amendment to 

13 the management plan that the Secretary de14 termines make a substantial change to the 

15 management plan. 

16 (ii) USE OF FUNDS.—The management 

17 entity shall not use Federal funds author18 ized by this section to carry out any 

19 amendments to the management plan until 

20 the Secretary has approved the amend21 ments. 

22 (e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

23 (1) IN GENERAL.—Nothing in this section affects 

24 the authority of a Federal agency to provide technical 

25 or financial assistance under any other law. 
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1 (2) CONSULTATION AND COORDINATION.—The 

2 head of any Federal agency planning to conduct ac3 tivities that may have an impact on the Heritage 

4 Area is encouraged to consult and coordinate the ac5 tivities with the Secretary and the management enti6 ty to the maximum extent practicable. 

7 (3) OTHER FEDERAL AGENCIES.—Nothing in 

8 this section— 

9 (A) modifies, alters, or amends any law or 

10 regulation authorizing a Federal agency to man11 age Federal land under the jurisdiction of the 

12 Federal agency; 

13 (B) limits the discretion of a Federal land 

14 manager to implement an approved land use 

15 plan within the boundaries of the Heritage Area; 

16 or 

17 (C) modifies, alters, or amends any author18 ized use of Federal land under the jurisdiction of 

19 a Federal agency. 

20 (f) PRIVATE PROPERTY AND REGULATORY PROTEC21 TIONS.—Nothing in this section— 

22 (1) abridges the rights of any property owner 

23 (whether public or private), including the right to re24 frain from participating in any plan, project, pro25 gram, or activity conducted within the Heritage Area; 
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1 (2) requires any property owner to permit public 

2 access (including access by Federal, State, or local 

3 agencies) to the property of the property owner, or to 

4 modify public access or use of property of the prop5 erty owner under any other Federal, State, or local 

6 law; 

7 (3) alters any duly adopted land use regulation, 

8 approved land use plan, or other regulatory authority 

9 of any Federal, State or local agency, or conveys any 

10 land use or other regulatory authority to the manage11 ment entity; 

12 (4) authorizes or implies the reservation or ap13 propriation of water or water rights; 

14 (5) diminishes the authority of the State to man15 age fish and wildlife, including the regulation of fish16 ing and hunting within the Heritage Area; or 

17 (6) creates any liability, or affects any liability 

18 under any other law, of any private property owner 

19 with respect to any person injured on the private 

20 property. 

21 (g) EVALUATION; REPORT.— 

22 (1) IN GENERAL.—Not later than 3 years before 

23 the date on which authority for Federal funding ter24 minates for the Heritage Area, the Secretary shall— 
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1 (A) conduct an evaluation of the accom2 plishments of the Heritage Area; and 

3 (B) prepare a report in accordance with 

4 paragraph (3). 

5 (2) EVALUATION.—An evaluation conducted 

6 under paragraph (1)(A) shall— 

7 (A) assess the progress of the management 

8 entity with respect to— 

9 (i) accomplishing the purposes of this 

10 section for the Heritage Area; and 

11 (ii) achieving the goals and objectives 

12 of the approved management plan for the 

13 Heritage Area; 

14 (B) analyze the Federal, State, local, and 

15 private investments in the Heritage Area to de16 termine the leverage and impact of the invest17 ments; and 

18 (C) review the management structure, part19 nership relationships, and funding of the Herit20 age Area for purposes of identifying the critical 

21 components for sustainability of the Heritage 

22 Area. 

23 (3) REPORT.— 

24 (A) IN GENERAL.—Based on the evaluation 

25 conducted under paragraph (1)(A), the Secretary 
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† HR 146 EAS 

1 shall prepare a report that includes rec2 ommendations for the future role of the National 

3 Park Service, if any, with respect to the Heritage 

4 Area. 

5 (B) REQUIRED ANALYSIS.—If the report 

6 prepared under subparagraph (A) recommends 

7 that Federal funding for the Heritage Area be re8 authorized, the report shall include an analysis 

9 of— 

10 (i) ways in which Federal funding for 

11 the Heritage Area may be reduced or elimi12 nated; and 

13 (ii) the appropriate time period nec14 essary to achieve the recommended reduc15 tion or elimination. 

16 (C) SUBMISSION TO CONGRESS.—On com17 pletion of the report, the Secretary shall submit 

18 the report to— 

19 (i) the Committee on Energy and Nat20 ural Resources of the Senate; and 

21 (ii) the Committee on Natural Re22 sources of the House of Representatives. 

23 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 
616 

† HR 146 EAS 

1 $10,000,000, of which not more than $1,000,000 may be 

2 made available for any fiscal year. 

3 (i) TERMINATION OF AUTHORITY.—The authority of 

4 the Secretary to provide assistance under this section termi5 nates on the date that is 15 years after the date of enact6 ment of this Act. 

7 SEC. 8002. CACHE LA POUDRE RIVER NATIONAL HERITAGE 

8 AREA, COLORADO. 

9 (a) DEFINITIONS.—In this section: 

10 (1) HERITAGE AREA.—The term ‘‘Heritage 

11 Area’’ means the Cache La Poudre River National 

12 Heritage Area established by subsection (b)(1). 

13 (2) LOCAL COORDINATING ENTITY.—The term 

14 ‘‘local coordinating entity’’ means the Poudre Herit15 age Alliance, the local coordinating entity for the 

16 Heritage Area designated by subsection (b)(4). 

17 (3) MANAGEMENT PLAN.—The term ‘‘manage18 ment plan’’ means the management plan for the Her19 itage Area required under subsection (d)(1). 

20 (4) MAP.—The term ‘‘map’’ means the map enti21 tled ‘‘Cache La Poudre River National Heritage 

22 Area’’, numbered 960/80,003, and dated April, 2004. 

23 (5) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior. 
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1 (6) STATE.—The term ‘‘State’’ means the State 

2 of Colorado. 

3 (b) CACHE LA POUDRE RIVER NATIONAL HERITAGE

4 AREA.— 

5 (1) ESTABLISHMENT.—There is established in 

6 the State the Cache La Poudre River National Herit7 age Area. 

8 (2) BOUNDARIES.—The Heritage Area shall con9 sist of the area depicted on the map. 

10 (3) MAP.—The map shall be on file and avail11 able for public inspection in the appropriate offices 

12 of— 

13 (A) the National Park Service; and 

14 (B) the local coordinating entity. 

15 (4) LOCAL COORDINATING ENTITY.—The local co16 ordinating entity for the Heritage Area shall be the 

17 Poudre Heritage Alliance, a nonprofit organization 

18 incorporated in the State. 

19 (c) ADMINISTRATION.— 

20 (1) AUTHORITIES.—To carry out the manage21 ment plan, the Secretary, acting through the local co22 ordinating entity, may use amounts made available 

23 under this section— 
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1 (A) to make grants to the State (including 

2 any political subdivision of the State), nonprofit 

3 organizations, and other individuals; 

4 (B) to enter into cooperative agreements 

5 with, or provide technical assistance to, the State 

6 (including any political subdivision of the 

7 State), nonprofit organizations, and other inter8 ested parties; 

9 (C) to hire and compensate staff, which 

10 shall include individuals with expertise in nat11 ural, cultural, and historical resource protection, 

12 and heritage programming; 

13 (D) to obtain funds or services from any 

14 source, including funds or services that are pro15 vided under any other Federal law or program; 

16 (E) to enter into contracts for goods or serv17 ices; and 

18 (F) to serve as a catalyst for any other ac19 tivity that— 

20 (i) furthers the purposes and goals of 

21 the Heritage Area; and 

22 (ii) is consistent with the approved 

23 management plan. 

24 (2) DUTIES.—The local coordinating entity 

25 shall— 
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† HR 146 EAS 

1 (A) in accordance with subsection (d), pre2 pare and submit to the Secretary a management 

3 plan for the Heritage Area; 

4 (B) assist units of local government, re5 gional planning organizations, and nonprofit or6 ganizations in carrying out the approved man7 agement plan by— 

8 (i) carrying out programs and projects 

9 that recognize, protect, and enhance impor10 tant resource values located in the Heritage 

11 Area; 

12 (ii) establishing and maintaining in13 terpretive exhibits and programs in the 

14 Heritage Area; 

15 (iii) developing recreational and edu16 cational opportunities in the Heritage Area; 

17 (iv) increasing public awareness of, 

18 and appreciation for, the natural, histor19 ical, scenic, and cultural resources of the 

20 Heritage Area; 

21 (v) protecting and restoring historic 

22 sites and buildings in the Heritage Area 

23 that are consistent with Heritage Area 

24 themes; 
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1 (vi) ensuring that clear, consistent, 

2 and appropriate signs identifying points of 

3 public access, and sites of interest, are post4 ed throughout the Heritage Area; and 

5 (vii) promoting a wide range of part6 nerships among governments, organizations, 

7 and individuals to further the Heritage 

8 Area; 

9 (C) consider the interests of diverse units of 

10 government, businesses, organizations, and indi11 viduals in the Heritage Area in the preparation 

12 and implementation of the management plan; 

13 (D) conduct meetings open to the public at 

14 least semiannually regarding the development 

15 and implementation of the management plan; 

16 (E) for any year for which Federal funds 

17 have been received under this section— 

18 (i) submit an annual report to the Sec19 retary that describes the activities, expenses, 

20 and income of the local coordinating entity 

21 (including grants to any other entities dur22 ing the year that the report is made); 

23 (ii) make available to the Secretary for 

24 audit all records relating to the expenditure 

25 of the funds and any matching funds; and 
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1 (iii) require, with respect to all agree2 ments authorizing expenditure of Federal 

3 funds by other organizations, that the orga4 nizations receiving the funds make available 

5 to the Secretary for audit all records con6 cerning the expenditure of the funds; and 

7 (F) encourage by appropriate means eco8 nomic viability that is consistent with the Herit9 age Area. 

10 (3) PROHIBITION ON THE ACQUISITION OF REAL

11 PROPERTY.—The local coordinating entity shall not 

12 use Federal funds made available under this section 

13 to acquire real property or any interest in real prop14 erty. 

15 (d) MANAGEMENT PLAN.— 

16 (1) IN GENERAL.—Not later than 3 years after 

17 the date of enactment of this Act, the local coordi18 nating entity shall submit to the Secretary for ap19 proval a proposed management plan for the Heritage 

20 Area. 

21 (2) REQUIREMENTS.—The management plan 

22 shall— 

23 (A) incorporate an integrated and coopera24 tive approach for the protection, enhancement, 

25 and interpretation of the natural, cultural, his-
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† HR 146 EAS 

1 toric, scenic, educational, and recreational re2 sources of the Heritage Area; 

3 (B) take into consideration State and local 

4 plans; 

5 (C) include— 

6 (i) an inventory of the resources lo7 cated in the Heritage Area; 

8 (ii) comprehensive policies, strategies, 

9 and recommendations for conservation, 

10 funding, management, and development of 

11 the Heritage Area; 

12 (iii) a description of actions that gov13 ernments, private organizations, and indi14 viduals have agreed to take to protect the 

15 natural, cultural, historic, scenic, edu16 cational, and recreational resources of the 

17 Heritage Area; 

18 (iv) a program of implementation for 

19 the management plan by the local coordi20 nating entity that includes a description 

21 of— 

22 (I) actions to facilitate ongoing 

23 collaboration among partners to pro24 mote plans for resource protection, res25 toration, and construction; and 
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† HR 146 EAS 

1 (II) specific commitments for im2 plementation that have been made by 

3 the local coordinating entity or any 

4 government, organization, or indi5 vidual for the first 5 years of oper6 ation; 

7 (v) the identification of sources of 

8 funding for carrying out the management 

9 plan; 

10 (vi) analysis and recommendations for 

11 means by which local, State, and Federal 

12 programs, including the role of the National 

13 Park Service in the Heritage Area, may 

14 best be coordinated to carry out this section; 

15 and 

16 (vii) an interpretive plan for the Her17 itage Area; and 

18 (D) recommend policies and strategies for 

19 resource management that consider and detail 

20 the application of appropriate land and water 

21 management techniques, including the develop22 ment of intergovernmental and interagency coop23 erative agreements to protect the natural, cul24 tural, historic, scenic, educational, and rec25 reational resources of the Heritage Area. 
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† HR 146 EAS 

1 (3) DEADLINE.—If a proposed management plan 

2 is not submitted to the Secretary by the date that is 

3 3 years after the date of enactment of this Act, the 

4 local coordinating entity shall be ineligible to receive 

5 additional funding under this section until the date 

6 on which the Secretary approves a management plan. 

7 (4) APPROVAL OR DISAPPROVAL OF MANAGEMENT

8 PLAN.— 

9 (A) IN GENERAL.—Not later than 180 days 

10 after the date of receipt of the management plan 

11 under paragraph (1), the Secretary, in consulta12 tion with the State, shall approve or disapprove 

13 the management plan. 

14 (B) CRITERIA FOR APPROVAL.—In deter15 mining whether to approve the management 

16 plan, the Secretary shall consider whether— 

17 (i) the local coordinating entity is rep18 resentative of the diverse interests of the 

19 Heritage Area, including governments, nat20 ural and historic resource protection orga21 nizations, educational institutions, busi22 nesses, and recreational organizations; 

23 (ii) the local coordinating entity has 

24 afforded adequate opportunity, including 

25 public hearings, for public and govern-
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† HR 146 EAS 

1 mental involvement in the preparation of 

2 the management plan; and 

3 (iii) the resource protection and inter4 pretation strategies contained in the man5 agement plan, if implemented, would ade6 quately protect the natural, cultural, his7 toric, scenic, educational, and recreational 

8 resources of the Heritage Area. 

9 (C) ACTION FOLLOWING DISAPPROVAL.—If 

10 the Secretary disapproves the management plan 

11 under subparagraph (A), the Secretary shall— 

12 (i) advise the local coordinating entity 

13 in writing of the reasons for the dis14 approval; 

15 (ii) make recommendations for revi16 sions to the management plan; and 

17 (iii) not later than 180 days after the 

18 date of receipt of any proposed revision of 

19 the management plan from the local coordi20 nating entity, approve or disapprove the 

21 proposed revision. 

22 (5) AMENDMENTS.— 

23 (A) IN GENERAL.—The Secretary shall ap24 prove or disapprove each amendment to the 

25 management plan that the Secretary determines 
626 

† HR 146 EAS 

1 would make a substantial change to the manage2 ment plan. 

3 (B) USE OF FUNDS.—The local coordi4 nating entity shall not use Federal funds author5 ized to be appropriated by this section to carry 

6 out any amendments to the management plan 

7 until the Secretary has approved the amend8 ments. 

9 (e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

10 (1) IN GENERAL.—Nothing in this section affects 

11 the authority of a Federal agency to provide technical 

12 or financial assistance under any other law (includ13 ing regulations). 

14 (2) CONSULTATION AND COORDINATION.—To the 

15 maximum extent practicable, the head of any Federal 

16 agency planning to conduct activities that may have 

17 an impact on the Heritage Area is encouraged to con18 sult and coordinate the activities with the Secretary 

19 and the local coordinating entity. 

20 (3) OTHER FEDERAL AGENCIES.—Nothing in 

21 this section— 

22 (A) modifies, alters, or amends any law (in23 cluding any regulation) authorizing a Federal 

24 agency to manage Federal land under the juris25 diction of the Federal agency; 
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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 Area; 

4 or 

5 (C) modifies, alters, or amends any author6 ized use of Federal land under the jurisdiction of 

7 a Federal agency. 

8 (f) PRIVATE PROPERTY AND REGULATORY PROTEC9 TIONS.—Nothing in this section— 

10 (1) abridges the rights of any public or private 

11 property owner, including the right to refrain from 

12 participating in any plan, project, program, or activ13 ity conducted within the Heritage Area; 

14 (2) requires any property owner— 

15 (A) to permit public access (including ac16 cess by Federal, State, or local agencies) to the 

17 property of the property owner; or 

18 (B) to modify public access or use of prop19 erty of the property owner under any other Fed20 eral, State, or local law; 

21 (3) alters any duly adopted land use regulation, 

22 approved land use plan, or other regulatory authority 

23 of any Federal, State, or local agency; 

24 (4) conveys any land use or other regulatory au25 thority to the local coordinating entity; 
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1 (5) authorizes or implies the reservation or ap2 propriation of water or water rights; 

3 (6) diminishes the authority of the State to man4 age fish and wildlife, including the regulation of fish5 ing and hunting within the Heritage Area; or 

6 (7) creates any liability, or affects any liability 

7 under any other law (including regulations), of any 

8 private property owner with respect to any indi9 vidual injured on the private property. 

10 (g) EVALUATION; REPORT.— 

11 (1) IN GENERAL.—Not later than 3 years before 

12 the date on which authority for Federal funding ter13 minates for the Heritage Area, the Secretary shall— 

14 (A) conduct an evaluation of the accom15 plishments of the Heritage Area; and 

16 (B) prepare a report in accordance with 

17 paragraph (3). 

18 (2) EVALUATION.—An evaluation conducted 

19 under paragraph (1)(A) shall— 

20 (A) assess the progress of the local coordi21 nating entity with respect to— 

22 (i) accomplishing the purposes of this 

23 section for the Heritage Area; and 
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1 (ii) achieving the goals and objectives 

2 of the approved management plan for the 

3 Heritage Area; 

4 (B) analyze the Federal, State, 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, part9 nership relationships, and funding of the Herit10 age Area to identify the critical components for 

11 sustainability of the Heritage Area. 

12 (3) REPORT.— 

13 (A) IN GENERAL.—Based on the evaluation 

14 conducted under paragraph (1)(A), the Secretary 

15 shall prepare a report that includes rec16 ommendations for the future role of the National 

17 Park Service, if any, with respect to the Heritage 

18 Area. 

19 (B) REQUIRED ANALYSIS.—If the report 

20 prepared under subparagraph (A) recommends 

21 that Federal funding for the Heritage Area be re22 authorized, the report shall include an analysis 

23 of— 
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1 (i) ways in which Federal funding for 

2 the Heritage Area may be reduced or elimi3 nated; 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 Nat11 ural Resources of the Senate; and 

12 (ii) the Committee on Natural Re13 sources of the House of Representatives. 

14 (h) FUNDING.— 

15 (1) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to carry out 

17 this section $10,000,000, of which not more than 

18 $1,000,000 may be made available for any fiscal year. 

19 (2) COST-SHARING REQUIREMENT.—The Federal 

20 share of the cost of any activity carried out using any 

21 assistance made available under this section shall be 

22 50 percent. 

23 (i) TERMINATION OF AUTHORITY.—The authority of 

24 the Secretary to provide assistance under this section termi-
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1 nates on the date that is 15 years after the date of enact2 ment of this Act. 

3 (j) CONFORMING AMENDMENT.—The Cache La Poudre 

4 River Corridor Act (16 U.S.C. 461 note; Public Law 104– 

5 323) is repealed. 

6 SEC. 8003. SOUTH PARK NATIONAL HERITAGE AREA, COLO7 RADO. 

8 (a) DEFINITIONS.—In this section: 

9 (1) BOARD.—The term ‘‘Board’’ means the 

10 Board of Directors of the South Park National Herit11 age Area, comprised initially of the individuals, agen12 cies, organizations, and governments that were in13 volved in the planning and development of the Herit14 age Area before the date of enactment of this Act. 

15 (2) HERITAGE AREA.—The term ‘‘Heritage 

16 Area’’ means the South Park National Heritage Area 

17 established by subsection (b)(1). 

18 (3) MANAGEMENT ENTITY.—The term ‘‘manage19 ment entity’’ means the management entity for the 

20 Heritage Area designated by subsection (b)(4)(A). 

21 (4) MANAGEMENT PLAN.—The term ‘‘manage22 ment plan’’ means the management plan for the Her23 itage Area required by subsection (d). 
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1 (5) MAP.—The term ‘‘map’’ means the map enti2 tled ‘‘South Park National Heritage Area Map (Pro3 posed)’’, dated January 30, 2006. 

4 (6) PARTNER.—The term ‘‘partner’’ means a 

5 Federal, State, or local governmental entity, organi6 zation, private industry, educational institution, or 

7 individual involved in the conservation, preservation, 

8 interpretation, development or promotion of heritage 

9 sites or resources of the Heritage Area. 

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

11 the Secretary of the Interior. 

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

13 of Colorado. 

14 (9) TECHNICAL ASSISTANCE.—The term ‘‘tech15 nical assistance’’ means any guidance, advice, help, 

16 or aid, other than financial assistance, provided by 

17 the Secretary. 

18 (b) SOUTH PARK NATIONAL HERITAGE AREA.— 

19 (1) ESTABLISHMENT.—There is established in 

20 the State the South Park National Heritage Area. 

21 (2) BOUNDARIES.—The Heritage Area shall con22 sist of the areas included in the map. 

23 (3) MAP.—A map of the Heritage Area shall 

24 be— 

25 (A) included in the management plan; and 
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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 Park County 

7 Tourism & Community Development Office, in 

8 conjunction with the South Park National Herit9 age Area Board of Directors. 

10 (B) MEMBERSHIP REQUIREMENTS.—Mem11 bers of the Board shall include representatives 

12 from a broad cross-section of individuals, agen13 cies, organizations, and governments that were 

14 involved in the planning and development of the 

15 Heritage Area before the date of enactment of 

16 this Act. 

17 (c) ADMINISTRATION.— 

18 (1) PROHIBITION ON THE ACQUISITION OF REAL

19 PROPERTY.—The management entity shall not use 

20 Federal funds made available under this section to ac21 quire real property or any interest in real property. 

22 (2) AUTHORITIES.—For purposes of carrying out 

23 the management plan, the Secretary, acting through 

24 the management entity, may use amounts made 

25 available under this section to— 
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1 (A) make grants to the State or a political 

2 subdivision of the State, nonprofit organizations, 

3 and other persons; 

4 (B) enter into cooperative agreements with, 

5 or provide technical assistance to, the State or a 

6 political subdivision of the State, nonprofit orga7 nizations, and other interested parties; 

8 (C) hire and compensate staff, which shall 

9 include individuals with expertise in natural, 

10 cultural, and historical resources protection, 

11 fundraising, heritage facility planning and de12 velopment, and heritage tourism programming; 

13 (D) obtain funds or services from any 

14 source, including funds or services that are pro15 vided under any other Federal law or program; 

16 (E) enter into contracts for goods or serv17 ices; and 

18 (F) to facilitate the conduct of other projects 

19 and activities that further the Heritage Area and 

20 are consistent with the approved management 

21 plan. 

22 (3) DUTIES.—The management entity shall— 

23 (A) in accordance with subsection (d), pre24 pare and submit a management plan for the 

25 Heritage Area to the Secretary; 
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1 (B) assist units of local government, local 

2 property owners and businesses, and nonprofit 

3 organizations in carrying out the approved man4 agement plan by— 

5 (i) carrying out programs and projects 

6 that recognize, protect, enhance, and pro7 mote important resource values in the Her8 itage Area; 

9 (ii) establishing and maintaining in10 terpretive exhibits and programs in the 

11 Heritage Area; 

12 (iii) developing economic, recreational 

13 and educational opportunities in the Herit14 age Area; 

15 (iv) increasing public awareness of, 

16 and appreciation for, historical, cultural, 

17 scenic, recreational, agricultural, and nat18 ural resources of the Heritage Area; 

19 (v) protecting and restoring historic 

20 sites and buildings in the Heritage Area 

21 that are consistent with Heritage Area 

22 themes; 

23 (vi) ensuring that clear, consistent, 

24 and appropriate signs identifying points of 
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1 public access, and sites of interest are posted 

2 throughout the Heritage Area; 

3 (vii) promoting a wide range of part4 nerships among governments, organizations, 

5 and individuals to further the Heritage 

6 Area; and 

7 (viii) planning and developing new 

8 heritage attractions, products and services; 

9 (C) consider the interests of diverse units of 

10 government, businesses, organizations, and indi11 viduals in the Heritage Area in the preparation 

12 and implementation of the management plan; 

13 (D) conduct meetings open to the public at 

14 least semiannually regarding the development 

15 and implementation of the management plan; 

16 (E) for any year for which Federal funds 

17 have been received under this section— 

18 (i) submit to the Secretary an annual 

19 report that describes the activities, expenses, 

20 and income of the management entity (in21 cluding grants to any other entities during 

22 the year that the report is made); 

23 (ii) make available to the Secretary for 

24 audit all records relating to the expenditure 
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1 of the Federal funds and any matching 

2 funds; and 

3 (iii) require, with respect to all agree4 ments authorizing expenditure of Federal 

5 funds by other organizations, that the orga6 nizations receiving the funds make available 

7 to the Secretary for audit all records con8 cerning the expenditure of the funds; and 

9 (F) encourage by appropriate means eco10 nomic viability that is consistent with the Herit11 age Area. 

12 (4) COST-SHARING REQUIREMENT.—The Federal 

13 share of the cost of any activity carried out using any 

14 assistance made available under this section shall be 

15 50 percent. 

16 (d) MANAGEMENT PLAN.— 

17 (1) IN GENERAL.—Not later than 3 years after 

18 the date of enactment of this Act, the management en19 tity, with public participation, shall submit to the 

20 Secretary for approval a proposed management plan 

21 for the Heritage Area. 

22 (2) REQUIREMENTS.—The management plan 

23 shall— 

24 (A) incorporate an integrated and coopera25 tive approach for the protection, enhancement, 
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1 interpretation, development, and promotion of 

2 the historical, cultural, scenic, recreational, agri3 cultural, and natural resources of the Heritage 

4 Area; 

5 (B) take into consideration State and local 

6 plans; 

7 (C) include— 

8 (i) an inventory of— 

9 (I) the resources located within 

10 the areas included in the map; and 

11 (II) any other eligible and par12 ticipating property within the areas 

13 included in the map that— 

14 (aa) is related to the themes 

15 of the Heritage Area; and 

16 (bb) should be preserved, re17 stored, managed, maintained, de18 veloped, or promoted because of 

19 the significance of the property; 

20 (ii) comprehensive policies, strategies, 

21 and recommendations for conservation, 

22 funding, management, development, and 

23 promotion of the Heritage Area; 

24 (iii) a description of actions that gov25 ernments, private organizations, and indi-
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1 viduals have agreed to take to manage pro2 tect the historical, cultural, scenic, rec3 reational, agricultural, and natural re4 sources of the Heritage Area; 

5 (iv) a program of implementation for 

6 the management plan by the management 

7 entity that includes a description of— 

8 (I) actions to facilitate ongoing 

9 and effective collaboration among part10 ners to promote plans for resource pro11 tection, enhancement, interpretation, 

12 restoration, and construction; and 

13 (II) specific commitments for im14 plementation that have been made by 

15 the management entity or any govern16 ment, organization, or individual for 

17 the first 5 years of operation; 

18 (v) the identification of sources of 

19 funding for carrying out the management 

20 plan; 

21 (vi) an analysis of and recommenda22 tions for means by which Federal, State, 

23 and local programs, including the role of 

24 the National Park Service in the Heritage 
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1 Area, may best be coordinated to carry out 

2 this section; and 

3 (vii) an interpretive plan for the Her4 itage Area; and 

5 (D) recommend policies and strategies for 

6 resource management that consider and detail 

7 the application of appropriate land and water 

8 management techniques, including the develop9 ment of intergovernmental and interagency coop10 erative agreements to protect the historical, cul11 tural, scenic, recreational, agricultural, and nat12 ural resources of the Heritage Area. 

13 (3) DEADLINE.—If a proposed management plan 

14 is not submitted to the Secretary by the date that is 

15 3 years after the date of enactment of this Act, the 

16 management entity shall be ineligible to receive addi17 tional funding under this section until the date on 

18 which the Secretary receives and approves the man19 agement plan. 

20 (4) APPROVAL OR DISAPPROVAL OF MANAGEMENT

21 PLAN.— 

22 (A) IN GENERAL.—Not later than 180 days 

23 after the date of receipt of the management plan 

24 under paragraph (1), the Secretary, in consulta-
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1 tion with the State, shall approve or disapprove 

2 the management plan. 

3 (B) CRITERIA FOR APPROVAL.—In deter4 mining whether to approve the management 

5 plan, the Secretary shall consider whether— 

6 (i) the management entity is represent7 ative of the diverse interests of the Heritage 

8 Area, including governments, natural and 

9 historical resource protection organizations, 

10 educational institutions, local businesses 

11 and industries, community organizations, 

12 recreational organizations, and tourism or13 ganizations; 

14 (ii) the management entity has af15 forded adequate opportunity, including pub16 lic hearings, for public and governmental 

17 involvement in the preparation of the man18 agement plan; and 

19 (iii) strategies contained in the man20 agement plan, if implemented, would ade21 quately balance the voluntary protection, 

22 development, and interpretation of the nat23 ural, historical, cultural, scenic, rec24 reational, and agricultural resources of the 

25 Heritage Area. 
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1 (C) ACTION FOLLOWING DISAPPROVAL.—If 

2 the Secretary disapproves the management plan 

3 under subparagraph (A), the Secretary shall— 

4 (i) advise the management entity in 

5 writing of the reasons for the disapproval; 

6 (ii) make recommendations for revi7 sions to the management plan; and 

8 (iii) not later than 180 days after the 

9 receipt of any proposed revision of the man10 agement plan from the management entity, 

11 approve or disapprove the proposed revi12 sion. 

13 (D) AMENDMENTS.— 

14 (i) IN GENERAL.—The Secretary shall 

15 approve or disapprove each amendment to 

16 the management plan that the Secretary de17 termines makes a substantial change to the 

18 management plan. 

19 (ii) USE OF FUNDS.—The management 

20 entity shall not use Federal funds author21 ized by this section to carry out any 

22 amendments to the management plan until 

23 the Secretary has approved the amend24 ments. 

25 (e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
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1 (1) IN GENERAL.—Nothing in this section affects 

2 the authority of a Federal agency to provide technical 

3 or financial assistance under any other law. 

4 (2) CONSULTATION AND COORDINATION.—The 

5 head of any Federal agency planning to conduct ac6 tivities that may have an impact on the Heritage 

7 Area is encouraged to consult and coordinate the ac8 tivities with the Secretary and the management enti9 ty to the maximum extent practicable. 

10 (3) OTHER FEDERAL AGENCIES.—Nothing in 

11 this section— 

12 (A) modifies, alters, or amends any law or 

13 regulation authorizing a Federal agency to man14 age Federal land under the jurisdiction of the 

15 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 Area; 

19 or 

20 (C) modifies, alters, or amends any author21 ized use of Federal land under the jurisdiction of 

22 a Federal agency. 

23 (f) PRIVATE PROPERTY AND REGULATORY PROTEC24 TIONS.—Nothing in this section— 
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1 (1) abridges the rights of any property owner 

2 (whether public or private), including the right to re3 frain from participating in any plan, project, pro4 gram, or activity conducted within the Heritage Area; 

5 (2) requires any property owner to permit public 

6 access (including access by Federal, State, or local 

7 agencies) to the property of the property owner, or to 

8 modify public access or use of property of the prop9 erty owner under any other Federal, State, or local 

10 law; 

11 (3) alters any duly adopted land use regulation, 

12 approved land use plan, or other regulatory authority 

13 of any Federal, State or local agency, or conveys any 

14 land use or other regulatory authority to the manage15 ment entity; 

16 (4) authorizes or implies the reservation or ap17 propriation of water or water rights; 

18 (5) diminishes the authority of the State to man19 age fish and wildlife, including the regulation of fish20 ing and hunting within the Heritage Area; or 

21 (6) creates any liability, or affects any liability 

22 under any other law, of any private property owner 

23 with respect to any person injured on the private 

24 property. 

25 (g) EVALUATION; REPORT.— 
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1 (1) IN GENERAL.—Not later than 3 years before 

2 the date on which authority for Federal funding ter3 minates for the Heritage Area, the Secretary shall— 

4 (A) conduct an evaluation of the accom5 plishments of the Heritage Area; and 

6 (B) prepare a report in accordance with 

7 paragraph (3). 

8 (2) EVALUATION.—An evaluation conducted 

9 under paragraph (1)(A) shall— 

10 (A) assess the progress of the management 

11 entity with respect to— 

12 (i) accomplishing the purposes of this 

13 section for the Heritage Area; and 

14 (ii) achieving the goals and objectives 

15 of the approved management plan for the 

16 Heritage Area; 

17 (B) analyze the Federal, State, local, and 

18 private investments in the Heritage Area to de19 termine the leverage and impact of the invest20 ments; and 

21 (C) review the management structure, part22 nership relationships, and funding of the Herit23 age Area for purposes of identifying the critical 

24 components for sustainability of the Heritage 

25 Area. 
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1 (3) REPORT.— 

2 (A) IN GENERAL.—Based on the evaluation 

3 conducted under paragraph (1)(A), the Secretary 

4 shall prepare a report that includes rec5 ommendations for the future role of the National 

6 Park Service, if any, with respect to the Heritage 

7 Area. 

8 (B) REQUIRED ANALYSIS.—If the report 

9 prepared under subparagraph (A) recommends 

10 that Federal funding for the Heritage Area be re11 authorized, the report shall include an analysis 

12 of— 

13 (i) ways in which Federal funding for 

14 the Heritage Area may be reduced or elimi15 nated; and 

16 (ii) the appropriate time period nec17 essary to achieve the recommended reduc18 tion or elimination. 

19 (C) SUBMISSION TO CONGRESS.—On com20 pletion of the report, the Secretary shall submit 

21 the report to— 

22 (i) the Committee on Energy and Nat23 ural Resources of the Senate; and 

24 (ii) the Committee on Natural Re25 sources of the House of Representatives. 
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1 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $10,000,000, of which not more than $1,000,000 may be 

4 made available for any fiscal year. 

5 (i) TERMINATION OF AUTHORITY.—The authority of 

6 the Secretary to provide assistance under this section termi7 nates on the date that is 15 years after the date of enact8 ment of this Act. 

9 SEC. 8004. NORTHERN PLAINS NATIONAL HERITAGE AREA, 

10 NORTH DAKOTA. 

11 (a) DEFINITIONS.—In this section: 

12 (1) HERITAGE AREA.—The term ‘‘Heritage 

13 Area’’ means the Northern Plains National Heritage 

14 Area established by subsection (b)(1). 

15 (2) LOCAL COORDINATING ENTITY.—The term 

16 ‘‘local coordinating entity’’ means the Northern 

17 Plains Heritage Foundation, the local coordinating 

18 entity for the Heritage Area designated by subsection 

19 (c)(1). 

20 (3) MANAGEMENT PLAN.—The term ‘‘manage21 ment plan’’ means the management plan for the Her22 itage Area required under subsection (d). 

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

24 the Secretary of the Interior. 
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1 (5) STATE.—The term ‘‘State’’ means the State 

2 of North Dakota. 

3 (b) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established the North5 ern Plains National Heritage Area in the State of 

6 North Dakota. 

7 (2) BOUNDARIES.—The Heritage Area shall con8 sist of— 

9 (A) a core area of resources in Burleigh, 

10 McLean, Mercer, Morton, and Oliver Counties in 

11 the State; and 

12 (B) any sites, buildings, and districts with13 in the core area recommended by the manage14 ment plan for inclusion in the Heritage Area. 

15 (3) MAP.—A map of the Heritage Area shall 

16 be— 

17 (A) included in the management plan; and 

18 (B) on file and available for public inspec19 tion in the appropriate offices of the local coordi20 nating entity and the National Park Service. 

21 (c) LOCAL COORDINATING ENTITY.— 

22 (1) IN GENERAL.—The local coordinating entity 

23 for the Heritage Area shall be the Northern Plains 

24 Heritage Foundation, a nonprofit corporation estab25 lished under the laws of the State. 
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1 (2) DUTIES.—To further the purposes of the 

2 Heritage Area, the Northern Plains Heritage Founda3 tion, as the local coordinating entity, shall— 

4 (A) prepare a management plan for the 

5 Heritage Area, and submit the management plan 

6 to the Secretary, in accordance with this section; 

7 (B) submit an annual report to the Sec8 retary for each fiscal year for which the local co9 ordinating entity receives Federal funds under 

10 this section, specifying— 

11 (i) the specific performance goals and 

12 accomplishments of the local coordinating 

13 entity; 

14 (ii) the expenses and income of the 

15 local coordinating entity; 

16 (iii) the amounts and sources of 

17 matching funds; 

18 (iv) the amounts leveraged with Fed19 eral funds and sources of the leveraged 

20 funds; and 

21 (v) grants made to any other entities 

22 during the fiscal year; 

23 (C) make available for audit for each fiscal 

24 year for which the local coordinating entity re25 ceives Federal funds under this section, all infor-
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1 mation pertaining to the expenditure of the 

2 funds and any matching funds; and 

3 (D) encourage economic viability and sus4 tainability that is consistent with the purposes of 

5 the Heritage Area. 

6 (3) AUTHORITIES.—For the purposes of pre7 paring and implementing the approved management 

8 plan for the Heritage Area, the local coordinating en9 tity may use Federal funds made available under this 

10 section to— 

11 (A) make grants to political jurisdictions, 

12 nonprofit organizations, and other parties with13 in the Heritage Area; 

14 (B) enter into cooperative agreements with 

15 or provide technical assistance to political juris16 dictions, nonprofit organizations, Federal agen17 cies, and other interested parties; 

18 (C) hire and compensate staff, including in19 dividuals with expertise in— 

20 (i) natural, historical, cultural, edu21 cational, scenic, and recreational resource 

22 conservation; 

23 (ii) economic and community develop24 ment; and 

25 (iii) heritage planning; 
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1 (D) obtain funds or services from any 

2 source, including other Federal programs; 

3 (E) contract for goods or services; and 

4 (F) support activities of partners and any 

5 other activities that further the purposes of the 

6 Heritage Area and are consistent with the ap7 proved management plan. 

8 (4) PROHIBITION ON ACQUISITION OF REAL

9 PROPERTY.—The local coordinating entity may not 

10 use Federal funds authorized to be appropriated 

11 under this section to acquire any interest in real 

12 property. 

13 (5) OTHER SOURCES.—Nothing in this section 

14 precludes the local coordinating entity from using 

15 Federal funds from other sources for authorized pur16 poses. 

17 (d) MANAGEMENT PLAN.— 

18 (1) IN GENERAL.—Not later than 3 years after 

19 the date of enactment of this Act, the local coordi20 nating entity shall submit to the Secretary for ap21 proval a proposed management plan for the Heritage 

22 Area. 

23 (2) REQUIREMENTS.—The management plan for 

24 the Heritage Area shall— 
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1 (A) describe comprehensive policies, goals, 

2 strategies, and recommendations for telling the 

3 story of the heritage of the area covered by the 

4 Heritage Area and encouraging long-term re5 source protection, enhancement, interpretation, 

6 funding, management, and development of the 

7 Heritage Area; 

8 (B) include a description of actions and 

9 commitments that Federal, State, tribal, and 

10 local governments, private organizations, and 

11 citizens will take to protect, enhance, interpret, 

12 fund, manage, and develop the natural, histor13 ical, cultural, educational, scenic, and rec14 reational resources of the Heritage Area; 

15 (C) specify existing and potential sources of 

16 funding or economic development strategies to 

17 protect, enhance, interpret, fund, manage, and 

18 develop the Heritage Area; 

19 (D) include an inventory of the natural, 

20 historical, cultural, educational, scenic, and rec21 reational resources of the Heritage Area relating 

22 to the national importance and themes of the 

23 Heritage Area that should be protected, en24 hanced, interpreted, managed, funded, and devel25 oped; 
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1 (E) recommend policies and strategies for 

2 resource management, including the development 

3 of intergovernmental and interagency agreements 

4 to protect, enhance, interpret, fund, manage, and 

5 develop the natural, historical, cultural, edu6 cational, scenic, and recreational resources of the 

7 Heritage Area; 

8 (F) describe a program for implementation 

9 for the management plan, including— 

10 (i) performance goals; 

11 (ii) plans for resource protection, en12 hancement, interpretation, funding, man13 agement, and development; and 

14 (iii) specific commitments for imple15 mentation that have been made by the local 

16 coordinating entity or any Federal, State, 

17 tribal, or local government agency, organi18 zation, business, or individual; 

19 (G) include an analysis of, and rec20 ommendations for, means by which Federal, 

21 State, tribal, and local programs may best be co22 ordinated (including the role of the National 

23 Park Service and other Federal agencies associ24 ated with the Heritage Area) to further the pur25 poses of this section; and 
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1 (H) include a business plan that— 

2 (i) describes the role, operation, financ3 ing, and functions of the local coordinating 

4 entity and of each of the major activities de5 scribed in the management plan; and 

6 (ii) provides adequate assurances that 

7 the local coordinating entity has the part8 nerships and financial and other resources 

9 necessary to implement the management 

10 plan for the Heritage Area. 

11 (3) DEADLINE.— 

12 (A) IN GENERAL.—Not later than 3 years 

13 after the date on which funds are first made 

14 available to develop the management plan after 

15 designation of the Heritage Area, the local co16 ordinating entity shall submit the management 

17 plan to the Secretary for approval. 

18 (B) TERMINATION OF FUNDING.—If the 

19 management plan is not submitted to the Sec20 retary in accordance with subparagraph (A), the 

21 local coordinating entity shall not qualify for 

22 any additional financial assistance under this 

23 section until such time as the management plan 

24 is submitted to and approved by the Secretary. 

25 (4) APPROVAL OF MANAGEMENT PLAN.— 
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1 (A) REVIEW.—Not later than 180 days after 

2 receiving the plan, the Secretary shall review 

3 and approve or disapprove the management plan 

4 for the Heritage Area on the basis of the criteria 

5 established under subparagraph (B). 

6 (B) CRITERIA FOR APPROVAL.—In deter7 mining whether to approve a management plan 

8 for the Heritage Area, the Secretary shall con9 sider whether— 

10 (i) the local coordinating entity rep11 resents the diverse interests of the Heritage 

12 Area, including Federal, State, tribal, and 

13 local governments, natural, and historic re14 source protection organizations, educational 

15 institutions, businesses, recreational organi16 zations, community residents, and private 

17 property owners; 

18 (ii) the local coordinating entity— 

19 (I) has afforded adequate oppor20 tunity for public and Federal, State, 

21 tribal, and local governmental involve22 ment (including through workshops 

23 and hearings) in the preparation of the 

24 management plan; and 
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1 (II) provides for at least semi2 annual public meetings to ensure ade3 quate implementation of the manage4 ment plan; 

5 (iii) the resource protection, enhance6 ment, interpretation, funding, management, 

7 and development strategies described in the 

8 management plan, if implemented, would 

9 adequately protect, enhance, interpret, fund, 

10 manage, and develop the natural, historic, 

11 cultural, educational, scenic, and rec12 reational resources of the Heritage Area; 

13 (iv) the management plan would not 

14 adversely affect any activities authorized on 

15 Federal land under public land laws or 

16 land use plans; 

17 (v) the local coordinating entity has 

18 demonstrated the financial capability, in 

19 partnership with others, to carry out the 

20 plan; 

21 (vi) the Secretary has received ade22 quate assurances from the appropriate 

23 State, tribal, and local officials whose sup24 port is needed to ensure the effective imple-
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1 mentation of the State, tribal, and local ele2 ments of the management plan; and 

3 (vii) the management plan dem4 onstrates partnerships among the local co5 ordinating entity, Federal, State, tribal, 

6 and local governments, regional planning 

7 organizations, nonprofit organizations, or 

8 private sector parties for implementation of 

9 the management plan. 

10 (C) DISAPPROVAL.— 

11 (i) IN GENERAL.—If the Secretary dis12 approves the management plan, the Sec13 retary— 

14 (I) shall advise the local coordi15 nating entity in writing of the reasons 

16 for the disapproval; and 

17 (II) may make recommendations 

18 to the local coordinating entity for re19 visions to the management plan. 

20 (ii) DEADLINE.—Not later than 180 

21 days after receiving a revised management 

22 plan, the Secretary shall approve or dis23 approve the revised management plan. 

24 (D) AMENDMENTS.— 
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1 (i) IN GENERAL.—An amendment to 

2 the management plan that substantially al3 ters the purposes of the Heritage Area shall 

4 be reviewed by the Secretary and approved 

5 or disapproved in the same manner as the 

6 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) AUTHORITIES.—The Secretary may— 

14 (i) provide technical assistance under 

15 this section for the development and imple16 mentation of the management plan; and 

17 (ii) enter into cooperative agreements 

18 with interested parties to carry out this sec19 tion. 

20 (e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

21 (1) IN GENERAL.—Nothing in this section affects 

22 the authority of a Federal agency to provide technical 

23 or financial assistance under any other law. 

24 (2) TECHNICAL AND FINANCIAL ASSISTANCE.— 
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1 (A) IN GENERAL.—On the request of the 

2 local coordinating entity, the Secretary may pro3 vide financial assistance and, on a reimbursable 

4 or nonreimbursable basis, technical assistance to 

5 the local coordinating entity to develop and im6 plement the management plan. 

7 (B) COOPERATIVE AGREEMENTS.—The Sec8 retary may enter into cooperative agreements 

9 with the local coordinating entity and other pub10 lic or private entities to provide technical or fi11 nancial assistance under subparagraph (A). 

12 (C) PRIORITY.—In assisting the Heritage 

13 Area, the Secretary shall give priority to actions 

14 that assist in— 

15 (i) conserving the significant natural, 

16 historic, cultural, and scenic resources of the 

17 Heritage Area; and 

18 (ii) providing educational, interpre19 tive, and recreational opportunities con20 sistent with the purposes of the Heritage 

21 Area. 

22 (3) CONSULTATION AND COORDINATION.—To the 

23 maximum extent practicable, the head of any Federal 

24 agency planning to conduct activities that may have 

25 an impact on the Heritage Area is encouraged to con-
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1 sult and coordinate the activities with the Secretary 

2 and the local coordinating entity. 

3 (4) OTHER FEDERAL AGENCIES.—Nothing in 

4 this section— 

5 (A) modifies or alters any laws (including 

6 regulations) authorizing a Federal agency to 

7 manage Federal land under the jurisdiction of 

8 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 Area; 

12 or 

13 (C) modifies, alters, or amends any author14 ized use of Federal land under the jurisdiction of 

15 a Federal agency. 

16 (f) PRIVATE PROPERTY AND REGULATORY PROTEC17 TIONS.—Nothing in this section— 

18 (1) abridges the rights of any owner of public or 

19 private property, including the right to refrain from 

20 participating in any plan, project, program, or activ21 ity conducted within the Heritage Area; 

22 (2) requires any property owner to— 

23 (A) permit public access (including access 

24 by Federal, State, or local agencies) to the prop25 erty of the property owner; or 
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1 (B) modify public access to, or use of, the 

2 property of the property owner under any other 

3 Federal, State, or local law; 

4 (3) alters any duly adopted land use regulation, 

5 approved land use plan, or other regulatory authority 

6 of any Federal, State, tribal, or local agency; 

7 (4) conveys any land use or other regulatory au8 thority to the local coordinating entity; 

9 (5) authorizes or implies the reservation or ap10 propriation of water or water rights; 

11 (6) diminishes the authority of the State to man12 age fish and wildlife, including the regulation of fish13 ing and hunting within the Heritage Area; or 

14 (7) creates any liability, or affects any liability 

15 under any other law, of any private property owner 

16 with respect to any person injured on the private 

17 property. 

18 (g) EVALUATION; REPORT.— 

19 (1) IN GENERAL.—Not later than 3 years before 

20 the date on which authority for Federal funding ter21 minates for the Heritage Area under subsection (i), 

22 the Secretary shall— 

23 (A) conduct an evaluation of the accom24 plishments of the Heritage Area; and 
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1 (B) prepare a report in accordance with 

2 paragraph (3). 

3 (2) EVALUATION.—An evaluation conducted 

4 under paragraph (1)(A) shall— 

5 (A) assess the progress of the local coordi6 nating entity with respect to— 

7 (i) accomplishing the purposes of this 

8 section for the Heritage Area; and 

9 (ii) achieving the goals and objectives 

10 of the approved management plan for the 

11 Heritage Area; 

12 (B) analyze the Federal, State, local, and 

13 private investments in the Heritage Area to de14 termine the leverage and impact of the invest15 ments; and 

16 (C) review the management structure, part17 nership relationships, and funding of the Herit18 age Area for purposes of identifying the critical 

19 components for sustainability of the Heritage 

20 Area. 

21 (3) REPORT.— 

22 (A) IN GENERAL.—Based on the evaluation 

23 conducted under paragraph (1)(A), the Secretary 

24 shall prepare a report that includes rec25 ommendations for the future role of the National 
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1 Park Service, if any, with respect to the Heritage 

2 Area. 

3 (B) REQUIRED ANALYSIS.—If the report 

4 prepared under subparagraph (A) recommends 

5 that Federal funding for the Heritage Area be re6 authorized, the report shall include an analysis 

7 of— 

8 (i) ways in which Federal funding for 

9 the Heritage Area may be reduced or elimi10 nated; and 

11 (ii) the appropriate time period nec12 essary to achieve the recommended reduc13 tion or elimination. 

14 (C) SUBMISSION TO CONGRESS.—On com15 pletion of the report, the Secretary shall submit 

16 the report to— 

17 (i) the Committee on Energy and Nat18 ural Resources of the Senate; and 

19 (ii) the Committee on Natural Re20 sources of the House of Representatives. 

21 (h) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—There is authorized to be ap23 propriated to carry out this section $10,000,000, of 

24 which not more than $1,000,000 may be made avail25 able for any fiscal year. 
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1 (2) COST-SHARING REQUIREMENT.— 

2 (A) IN GENERAL.—The Federal share of the 

3 total cost of any activity under this section shall 

4 be not more than 50 percent. 

5 (B) FORM.—The non-Federal contribution 

6 may be in the form of in-kind contributions of 

7 goods or services fairly valued. 

8 (i) TERMINATION OF AUTHORITY.—The authority of 

9 the Secretary to provide assistance under this section termi10 nates on the date that is 15 years after the date of enact11 ment of this Act. 

12 SEC. 8005. BALTIMORE NATIONAL HERITAGE AREA, MARY13 LAND. 

14 (a) DEFINITIONS.—In this section: 

15 (1) HERITAGE AREA.—The term ‘‘Heritage 

16 Area’’ means the Baltimore National Heritage Area, 

17 established by subsection (b)(1). 

18 (2) LOCAL COORDINATING ENTITY.—The term 

19 ‘‘local coordinating entity’’ means the local coordi20 nating entity for the Heritage Area designated by 

21 subsection (b)(4). 

22 (3) MANAGEMENT PLAN.—The term ‘‘manage23 ment plan’’ means the management plan for the Her24 itage Area required under subsection (c)(1)(A). 
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1 (4) MAP.—The term ‘‘map’’ means the map enti2 tled ‘‘Baltimore National Heritage Area’’, numbered 

3 T10/80,000, and dated October 2007. 

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

5 the Secretary of the Interior. 

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

7 of Maryland. 

8 (b) BALTIMORE NATIONAL HERITAGE AREA.— 

9 (1) ESTABLISHMENT.—There is established the 

10 Baltimore National Heritage Area in the State. 

11 (2) BOUNDARIES.—The Heritage Area shall be 

12 comprised of the following areas, as described on the 

13 map: 

14 (A) The area encompassing the Baltimore 

15 City Heritage Area certified by the Maryland 

16 Heritage Areas Authority in October 2001 as 

17 part of the Baltimore City Heritage Area Man18 agement Action Plan. 

19 (B) The Mount Auburn Cemetery. 

20 (C) The Cylburn Arboretum. 

21 (D) The Middle Branch of the Patapsco 

22 River and surrounding shoreline, including— 

23 (i) the Cruise Maryland Terminal; 

24 (ii) new marina construction; 
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1 (iii) the National Aquarium Aquatic 

2 Life Center; 

3 (iv) the Westport Redevelopment; 

4 (v) the Gwynns Falls Trail; 

5 (vi) the Baltimore Rowing Club; and 

6 (vii) the Masonville Cove Environ7 mental Center. 

8 (3) AVAILABILITY OF MAP.—The map shall be on 

9 file and available for public inspection in the appro10 priate offices of the National Park Service and the 

11 Baltimore Heritage Area Association. 

12 (4) LOCAL COORDINATING ENTITY.—The Balti13 more Heritage Area Association shall be the local co14 ordinating entity for the Heritage Area. 

15 (c) DUTIES AND AUTHORITIES OF LOCAL COORDI16 NATING ENTITY.— 

17 (1) DUTIES OF THE LOCAL COORDINATING ENTI18 TY.—To further the purposes of the Heritage Area, the 

19 local coordinating entity shall— 

20 (A) prepare, and submit to the Secretary, 

21 in accordance with subsection (d), a manage22 ment plan for the Heritage Area; 

23 (B) assist units of local government, re24 gional planning organizations, and nonprofit or-
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1 ganizations in implementing the approved man2 agement plan by— 

3 (i) carrying out programs and projects 

4 that recognize, protect, and enhance impor5 tant resource values within the Heritage 

6 Area; 

7 (ii) establishing and maintaining in8 terpretive exhibits and programs within the 

9 Heritage Area; 

10 (iii) developing recreational and edu11 cational opportunities in the Heritage Area; 

12 (iv) increasing public awareness of, 

13 and appreciation for, natural, historic, sce14 nic, and cultural resources of the Heritage 

15 Area; 

16 (v) protecting and restoring historic 

17 sites and buildings in the Heritage Area 

18 that are consistent with the themes of the 

19 Heritage Area; 

20 (vi) ensuring that signs identifying 

21 points of public access and sites of interest 

22 are posted throughout the Heritage Area; 

23 and 

24 (vii) promoting a wide range of part25 nerships among governments, organizations, 
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1 and individuals to further the purposes of 

2 the Heritage Area; 

3 (C) consider the interests of diverse units of 

4 government, businesses, organizations, and indi5 viduals in the Heritage Area in the preparation 

6 and implementation of the management plan; 

7 (D) conduct meetings open to the public at 

8 least semiannually regarding the development 

9 and implementation of the management plan; 

10 (E) submit an annual report to the Sec11 retary for each fiscal year for which the local co12 ordinating entity receives Federal funds under 

13 this section specifying— 

14 (i) the accomplishments of the local co15 ordinating entity; 

16 (ii) the expenses and income of the 

17 local coordinating entity; 

18 (iii) the amounts and sources of 

19 matching funds; 

20 (iv) the amounts leveraged with Fed21 eral funds and sources of the leveraged 

22 funds; and 

23 (v) grants made to any other entities 

24 during the fiscal year; 
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1 (F) make available for audit for each fiscal 

2 year for which the local coordinating entity re3 ceives Federal funds under this section, all infor4 mation pertaining to the expenditure of the 

5 funds and any matching funds; 

6 (G) require in all agreements authorizing 

7 expenditures of Federal funds by other organiza8 tions, that the receiving organizations make 

9 available for audit all records and other infor10 mation pertaining to the expenditure of the 

11 funds; and 

12 (H) encourage, by appropriate means, eco13 nomic development that is consistent with the 

14 purposes of the Heritage Area. 

15 (2) AUTHORITIES.—The local coordinating enti16 ty may, subject to the prior approval of the Secretary, 

17 for the purposes of preparing and implementing the 

18 management plan, use Federal funds made available 

19 under this section to— 

20 (A) make grants to the State, political sub21 divisions of the State, nonprofit organizations, 

22 and other persons; 

23 (B) enter into cooperative agreements with, 

24 or provide technical assistance to, the State, po25 litical subdivisions of the State, nonprofit orga-
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1 nizations, Federal agencies, and other interested 

2 parties; 

3 (C) hire and compensate staff; 

4 (D) obtain funds or services from any 

5 source, including funds and services provided 

6 under any other Federal law or program; 

7 (E) contract for goods or services; and 

8 (F) support activities of partners and any 

9 other activities that further the purposes of the 

10 Heritage Area and are consistent with the ap11 proved management plan. 

12 (3) PROHIBITION ON ACQUISITION OF REAL

13 PROPERTY.—The local coordinating entity may not 

14 use Federal funds received under this section to ac15 quire any interest in real property. 

16 (d) MANAGEMENT PLAN.— 

17 (1) IN GENERAL.—Not later than 3 years after 

18 the date on which funds are made available to develop 

19 the management plan, the local coordinating entity 

20 shall submit to the Secretary for approval a proposed 

21 management plan for the Heritage Area. 

22 (2) REQUIREMENTS.—The management plan for 

23 the Heritage Area shall— 

24 (A) describe comprehensive policies, goals, 

25 strategies, and recommendations for telling the 
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1 story of the heritage of the region and encour2 aging long-term resource protection, enhance3 ment, interpretation, funding, management, and 

4 development of the Heritage Area; 

5 (B) take into consideration existing State, 

6 county, and local plans in the development and 

7 implementation of the management plan; 

8 (C) include a description of actions and 

9 commitments that governments, private organi10 zations, and citizens plan to take to protect, en11 hance, and interpret the natural, historic, scenic, 

12 and cultural resources of the Heritage Area; 

13 (D) specify existing and potential sources of 

14 funding or economic development strategies to 

15 protect, enhance, interpret, fund, manage, and 

16 develop the Heritage Area; 

17 (E) include an inventory of the natural, 

18 historic, cultural, educational, scenic, and rec19 reational resources of the Heritage Area relating 

20 to the stories and themes of the region that 

21 should be protected, enhanced, managed, or devel22 oped; 

23 (F) recommend policies and strategies for 

24 resource management including, the development 

25 of intergovernmental and interagency agreements 
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1 to protect the natural, historic, cultural, edu2 cational, scenic, and recreational resources of the 

3 Heritage Area; 

4 (G) describe a program for implementation 

5 of the management plan, including— 

6 (i) performance goals; 

7 (ii) plans for resource protection, en8 hancement, and interpretation; and 

9 (iii) specific commitments for imple10 mentation that have been made by the local 

11 coordinating entity or any government, or12 ganization, business, or individual; 

13 (H) include an analysis of, and rec14 ommendations for, ways in which Federal, State, 

15 tribal, and local programs may best be coordi16 nated (including the role of the National Park 

17 Service and other Federal agencies associated 

18 with the Heritage Area) to further the purposes 

19 of this section; 

20 (I) include an interpretive plan for the Her21 itage Area; and 

22 (J) include a business plan that— 

23 (i) describes the role, operation, financ24 ing, and functions of the local coordinating 
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1 entity and of each of the major activities de2 scribed in the management plan; 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 manage9 ment plan is not submitted to the Secretary in ac10 cordance with this section, the local coordinating enti11 ty shall not qualify for additional financial assistance 

12 under this section until the management plan is sub13 mitted to, and approved by, the Secretary. 

14 (4) APPROVAL OF MANAGEMENT PLAN.— 

15 (A) REVIEW.—Not later than 180 days after 

16 the date on which the Secretary receives the 

17 management plan, the Secretary shall approve or 

18 disapprove the management plan. 

19 (B) CONSULTATION REQUIRED.—The Sec20 retary shall consult with the Governor of the 

21 State and any tribal government in which the 

22 Heritage Area is located before approving the 

23 management plan. 
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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 Heritage 

6 Area, including governments, natural and 

7 historic resource protection organizations, 

8 educational institutions, businesses, commu9 nity residents, and recreational organiza10 tions; 

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 on 

23 Federal or tribal land under applicable 

24 laws or land use plans; 
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1 (v) the Secretary has received adequate 

2 assurances from the appropriate State, trib3 al, and local officials whose support is need4 ed to ensure the effective implementation of 

5 the State, tribal, and local aspects of the 

6 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 dis13 approves the management plan, the Sec14 retary— 

15 (I) shall advise the local coordi16 nating entity in writing of the reasons 

17 for the disapproval; and 

18 (II) may make recommendations 

19 to the local coordinating entity for re20 visions to the management plan. 

21 (ii) DEADLINE.—Not later than 180 

22 days after receiving a revised management 

23 plan, the Secretary shall approve or dis24 approve the revised management plan. 

25 (E) AMENDMENTS.— 
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1 (i) IN GENERAL.—An amendment to 

2 the management plan that substantially al3 ters the purposes of the Heritage Area shall 

4 be reviewed by the Secretary and approved 

5 or disapproved in the same manner as the 

6 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 SECRETARY.— 

14 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

15 (A) IN GENERAL.—On the request of the 

16 local coordinating entity, the Secretary may pro17 vide technical and financial assistance, on a re18 imbursable or nonreimbursable basis (as deter19 mined by the Secretary), to the local coordi20 nating entity to develop and implement the 

21 management plan. 

22 (B) COOPERATIVE AGREEMENTS.—The Sec23 retary may enter into cooperative agreements 

24 with the local coordinating entity and other pub-
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1 lic or private entities to provide technical or fi2 nancial assistance under subparagraph (A). 

3 (C) PRIORITY.—In assisting the Heritage 

4 Area, the Secretary shall give priority to actions 

5 that assist in— 

6 (i) conserving the significant natural, 

7 historic, cultural, and scenic resources of the 

8 Heritage Area; and 

9 (ii) providing educational, interpre10 tive, and recreational opportunities con11 sistent with the purposes of the Heritage 

12 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 accom19 plishments of the Heritage Area; and 

20 (ii) prepare a report with rec21 ommendations for the future role of the Na22 tional Park Service, if any, with respect to 

23 the Heritage Area, in accordance with sub24 paragraph (C). 
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1 (B) EVALUATION.—An evaluation conducted 

2 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; and 

7 (II) achieving the goals and objec8 tives of the approved management plan 

9 for the Heritage Area; 

10 (ii) analyze the Federal, State, local, 

11 and private investments in the Heritage 

12 Area to determine the leverage and impact 

13 of the investments; and 

14 (iii) review the management structure, 

15 partnership relationships, and funding of 

16 the Heritage Area for purposes of identi17 fying the critical components for sustain18 ability of the Heritage Area. 

19 (C) REPORT.— 

20 (i) IN GENERAL.—Based on the evalua21 tion conducted under subparagraph (A)(i), 

22 the Secretary shall prepare a report that in23 cludes recommendations for the future role 

24 of the National Park Service, if any, with 

25 respect to the Heritage Area. 
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1 (ii) REQUIRED ANALYSIS.—If the re2 port prepared under this subparagraph rec3 ommends that Federal funding for the Her4 itage Area be reauthorized, the report shall 

5 include an analysis of— 

6 (I) ways in which Federal fund7 ing for the Heritage Area may be re8 duced or eliminated; and 

9 (II) the appropriate time period 

10 necessary to achieve the recommended 

11 reduction or elimination. 

12 (iii) SUBMISSION TO CONGRESS.—On 

13 completion of a report under this subpara14 graph, the Secretary shall submit the report 

15 to— 

16 (I) the Committee on Energy and 

17 Natural Resources of the Senate; and 

18 (II) the Committee on Natural 

19 Resources of the House of Representa20 tives. 

21 (f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

22 (1) IN GENERAL.—Nothing in this section affects 

23 the authority of a Federal agency to provide technical 

24 or financial assistance under any other law. 
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1 (2) CONSULTATION AND COORDINATION.—To the 

2 maximum extent practicable, the head of any Federal 

3 agency planning to conduct activities that may have 

4 an impact on the Heritage Area is encouraged to con5 sult and coordinate the activities with the Secretary 

6 and the local coordinating entity. 

7 (3) OTHER FEDERAL AGENCIES.—Nothing in 

8 this section— 

9 (A) modifies, alters, or amends any laws 

10 (including regulations) authorizing a Federal 

11 agency to manage Federal land under the juris12 diction of the Federal agency; 

13 (B) limits the discretion of a Federal land 

14 manager to implement an approved land use 

15 plan within the boundaries of the Heritage Area; 

16 or 

17 (C) modifies, alters, or amends any author18 ized use of Federal land under the jurisdiction of 

19 a Federal agency. 

20 (g) PROPERTY OWNERS AND REGULATORY PROTEC21 TIONS.—Nothing in this section— 

22 (1) abridges the rights of any owner of public or 

23 private property, including the right to refrain from 

24 participating in any plan, project, program, or activ25 ity conducted within the Heritage Area; 
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1 (2) requires any property owner to— 

2 (A) permit public access (including Federal, 

3 tribal, State, or local government access) to the 

4 property; or 

5 (B) modify any provisions of Federal, trib6 al, State, or local law with regard to public ac7 cess or use of private land; 

8 (3) alters any duly adopted land use regulations, 

9 approved land use plan, or any other regulatory au10 thority of any Federal, State, or local agency, or trib11 al government; 

12 (4) conveys any land use or other regulatory au13 thority to the local coordinating entity; 

14 (5) authorizes or implies the reservation or ap15 propriation of water or water rights; 

16 (6) diminishes the authority of the State to man17 age fish and wildlife, including the regulation of fish18 ing and hunting within the Heritage Area; or 

19 (7) creates any liability, or affects any liability 

20 under any other law, of any private property owner 

21 with respect to any person injured on the private 

22 property. 

23 (h) AUTHORIZATION OF APPROPRIATIONS.— 

24 (1) IN GENERAL.—There is authorized to be ap25 propriated to carry out this section $10,000,000, of 
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1 which not more than $1,000,000 may be made avail2 able for any fiscal year. 

3 (2) COST-SHARING REQUIREMENT.— 

4 (A) IN GENERAL.—The Federal share of the 

5 total cost of any activity under this section shall 

6 be not more than 50 percent. 

7 (B) FORM.—The non-Federal contribu8 tion— 

9 (i) shall be from non-Federal sources; 

10 and 

11 (ii) may be in the form of in-kind con12 tributions of goods or services fairly valued. 

13 (i) TERMINATION OF EFFECTIVENESS.—The authority 

14 of the Secretary to provide assistance under this section ter15 minates on the date that is 15 years after the date of enact16 ment of this Act. 

17 SEC. 8006. FREEDOM’S WAY NATIONAL HERITAGE AREA, 

18 MASSACHUSETTS AND NEW HAMPSHIRE. 

19 (a) PURPOSES.—The purposes of this section are— 

20 (1) to foster a close working relationship between 

21 the Secretary and all levels of government, the private 

22 sector, and local communities in the States of Massa23 chusetts and New Hampshire; 
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1 (2) to assist the entities described in paragraph 

2 (1) to preserve the special historic identity of the Her3 itage Area; and 

4 (3) to manage, preserve, protect, and interpret 

5 the cultural, historic, and natural resources of the 

6 Heritage Area for the educational and inspirational 

7 benefit of future generations. 

8 (b) DEFINITIONS.—In this section: 

9 (1) HERITAGE AREA.—The term ‘‘Heritage 

10 Area’’ means the Freedom’s Way National Heritage 

11 Area established by subsection (c)(1). 

12 (2) LOCAL COORDINATING ENTITY.—The term 

13 ‘‘local coordinating entity’’ means the local coordi14 nating entity for the Heritage Area designated by 

15 subsection (c)(4). 

16 (3) MANAGEMENT PLAN.—The term ‘‘manage17 ment plan’’ means the management plan for the Her18 itage Area required under subsection (d)(1)(A). 

19 (4) MAP.—The term ‘‘map’’ means the map enti20 tled ‘‘Freedom’s Way National Heritage Area’’, num21 bered T04/80,000, and dated July 2007. 

22 (5) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 

24 (c) ESTABLISHMENT.— 
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1 (1) IN GENERAL.—There is established the Free2 dom’s Way National Heritage Area in the States of 

3 Massachusetts and New Hampshire. 

4 (2) BOUNDARIES.— 

5 (A) IN GENERAL.—The boundaries of the 

6 Heritage Area shall be as generally depicted on 

7 the map. 

8 (B) REVISION.—The boundaries of the Her9 itage Area may be revised if the revision is— 

10 (i) proposed in the management plan; 

11 (ii) approved by the Secretary in ac12 cordance with subsection (e)(4); and 

13 (iii) placed on file in accordance with 

14 paragraph (3). 

15 (3) AVAILABILITY OF MAP.—The map shall be on 

16 file and available for public inspection in the appro17 priate offices of the National Park Service and the 

18 local coordinating entity. 

19 (4) LOCAL COORDINATING ENTITY.—The Free20 dom’s Way Heritage Association, Inc., shall be the 

21 local coordinating entity for the Heritage Area. 

22 (d) DUTIES AND AUTHORITIES OF LOCAL COORDI23 NATING ENTITY.— 
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1 (1) DUTIES OF THE LOCAL COORDINATING ENTI2 TY.—To further the purposes of the Heritage Area, the 

3 local coordinating entity shall— 

4 (A) prepare, and submit to the Secretary, 

5 in accordance with subsection (e), a management 

6 plan for the Heritage Area; 

7 (B) assist units of local government, re8 gional planning organizations, and nonprofit or9 ganizations in implementing the approved man10 agement plan by— 

11 (i) carrying out programs and projects 

12 that recognize and protect important re13 source values within the Heritage Area; 

14 (ii) establishing and maintaining in15 terpretive exhibits and programs within the 

16 Heritage Area; 

17 (iii) developing recreational and edu18 cational opportunities in the Heritage Area; 

19 (iv) increasing public awareness of, 

20 and appreciation for, natural, historic, and 

21 cultural resources of the Heritage Area; 

22 (v) protecting and restoring historic 

23 buildings in the Heritage Area that are con24 sistent with the themes of the Heritage Area; 

25 and 
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† HR 146 EAS 

1 (vi) ensuring that signs identifying 

2 points of public access and sites of interest 

3 are posted throughout the Heritage Area; 

4 (C) consider the interests of diverse units of 

5 government, businesses, organizations, and indi6 viduals in the Heritage Area in the preparation 

7 and implementation of the management plan; 

8 (D) conduct meetings open to the public at 

9 least quarterly regarding the development and 

10 implementation of the management plan; 

11 (E) submit an annual report to the Sec12 retary for each fiscal year for which the local co13 ordinating entity receives Federal funds under 

14 this section specifying— 

15 (i) the accomplishments of the local co16 ordinating entity; 

17 (ii) the expenses and income of the 

18 local coordinating entity; 

19 (iii) the amounts and sources of 

20 matching funds; 

21 (iv) the amounts leveraged with Fed22 eral funds and sources of the leveraged 

23 funds; and 

24 (v) grants made to any other entities 

25 during the fiscal year; 
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† HR 146 EAS 

1 (F) make available for audit for each fiscal 

2 year for which the local coordinating entity re3 ceives Federal funds under this section, all infor4 mation pertaining to the expenditure of the 

5 funds and any matching funds; 

6 (G) require in all agreements authorizing 

7 expenditures of Federal funds by other organiza8 tions, that the receiving organizations make 

9 available for audit all records and other infor10 mation pertaining to the expenditure of the 

11 funds; and 

12 (H) encourage, by appropriate means, eco13 nomic development that is consistent with the 

14 purposes of the Heritage Area. 

15 (2) AUTHORITIES.—The local coordinating enti16 ty may, subject to the prior approval of the Secretary, 

17 for the purposes of preparing and implementing the 

18 management plan, use Federal funds made available 

19 under this section to— 

20 (A) make grants to the States of Massachu21 setts and New Hampshire, political subdivisions 

22 of the States, nonprofit organizations, and other 

23 persons; 

24 (B) enter into cooperative agreements with, 

25 or provide technical assistance to, the States of 
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† HR 146 EAS 

1 Massachusetts and New Hampshire, political 

2 subdivisions of the States, nonprofit organiza3 tions, Federal agencies, and other interested par4 ties; 

5 (C) hire and compensate staff; 

6 (D) obtain funds or services from any 

7 source, including funds and services provided 

8 under any other Federal law or program; 

9 (E) contract for goods or services; and 

10 (F) support activities of partners and any 

11 other activities that further the purposes of the 

12 Heritage Area and are consistent with the ap13 proved management plan. 

14 (3) PROHIBITION ON ACQUISITION OF REAL

15 PROPERTY.—The local coordinating entity may not 

16 use Federal funds received under this section to ac17 quire any interest in real property. 

18 (4) USE OF FUNDS FOR NON-FEDERAL PROP19 ERTY.—The local coordinating entity may use Fed20 eral funds made available under this section to assist 

21 non-Federal property that is— 

22 (A) described in the management plan; or 

23 (B) listed, or eligible for listing, on the Na24 tional Register of Historic Places. 

25 (e) MANAGEMENT PLAN.— 
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† HR 146 EAS 

1 (1) IN GENERAL.—Not later than 3 years after 

2 the date on which funds are made available to develop 

3 the management plan, the local coordinating entity 

4 shall submit to the Secretary for approval a proposed 

5 management plan for the Heritage Area. 

6 (2) REQUIREMENTS.—The management plan for 

7 the Heritage Area shall— 

8 (A) describe comprehensive policies, goals, 

9 strategies, and recommendations for the con10 servation, funding, management, and develop11 ment of the Heritage Area; 

12 (B) take into consideration existing State, 

13 county, and local plans in the development and 

14 implementation of the management plan; 

15 (C) provide a framework for coordination of 

16 the plans considered under subparagraph (B) to 

17 present a unified historic preservation and inter18 pretation plan; 

19 (D) contain the contributions of residents, 

20 public agencies, and private organizations with21 in the Heritage Area; 

22 (E) include a description of actions and 

23 commitments that governments, private organi24 zations, and citizens plan to take to protect, en-
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† HR 146 EAS 

1 hance, and interpret the natural, historic, scenic, 

2 and cultural resources of the Heritage Area; 

3 (F) specify existing and potential sources of 

4 funding or economic development strategies to 

5 conserve, manage, and develop the Heritage 

6 Area; 

7 (G) include an inventory of the natural, 

8 historic, and recreational resources of the Herit9 age Area, including a list of properties that— 

10 (i) are related to the themes of the Her11 itage Area; and 

12 (ii) should be conserved, restored, man13 aged, developed, or maintained; 

14 (H) recommend policies and strategies for 

15 resource management that— 

16 (i) apply appropriate land and water 

17 management techniques; 

18 (ii) include the development of inter19 governmental and interagency agreements 

20 to protect the natural, historic, and cultural 

21 resources of the Heritage Area; and 

22 (iii) support economic revitalization 

23 efforts; 

24 (I) describe a program for implementation 

25 of the management plan, including— 
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† HR 146 EAS 

1 (i) restoration and construction plans 

2 or goals; 

3 (ii) a program of public involvement; 

4 (iii) annual work plans; and 

5 (iv) annual reports; 

6 (J) include an analysis of, and rec7 ommendations for, ways in which Federal, State, 

8 tribal, and local programs may best be coordi9 nated (including the role of the National Park 

10 Service and other Federal agencies associated 

11 with the Heritage Area) to further the purposes 

12 of this section; 

13 (K) include an interpretive plan for the 

14 Heritage Area; and 

15 (L) include a business plan that— 

16 (i) describes the role, operation, financ17 ing, and functions of the local coordinating 

18 entity and of each of the major activities de19 scribed in the management plan; and 

20 (ii) provides adequate assurances that 

21 the local coordinating entity has the part22 nerships and financial and other resources 

23 necessary to implement the management 

24 plan for the Heritage Area. 
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† HR 146 EAS 

1 (3) TERMINATION OF FUNDING.—If the manage2 ment plan is not submitted to the Secretary in ac3 cordance with this section, the local coordinating enti4 ty shall not qualify for additional financial assistance 

5 under this section until the management plan is sub6 mitted to, and approved by, the Secretary. 

7 (4) APPROVAL OF MANAGEMENT PLAN.— 

8 (A) REVIEW.—Not later than 180 days after 

9 the date on which the Secretary receives the 

10 management plan, the Secretary 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 local coordinating entity rep16 resents the diverse interests of the Heritage 

17 Area, including governments, natural and 

18 historic resource protection organizations, 

19 educational institutions, businesses, commu20 nity residents, and recreational organiza21 tions; 

22 (ii) the local coordinating entity has 

23 afforded adequate opportunity for public 

24 and governmental involvement (including 
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† HR 146 EAS 

1 through workshops and public meetings) in 

2 the preparation of the management plan; 

3 (iii) the resource protection and inter4 pretation strategies described in the man5 agement plan, if implemented, would ade6 quately protect the natural, historic, and 

7 cultural resources of the Heritage Area; 

8 (iv) the management plan would not 

9 adversely affect any activities authorized on 

10 Federal or tribal land under applicable 

11 laws or land use plans; 

12 (v) the Secretary has received adequate 

13 assurances from the appropriate State, trib14 al, and local officials whose support is need15 ed to ensure the effective implementation of 

16 the State, tribal, and local aspects of the 

17 management plan; and 

18 (vi) the local coordinating entity has 

19 demonstrated the financial capability, in 

20 partnership with others, to carry out the 

21 management plan. 

22 (C) ACTION FOLLOWING DISAPPROVAL.— 

23 (i) IN GENERAL.—If the Secretary dis24 approves the management plan, the Sec25 retary— 
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† HR 146 EAS 

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 (D) AMENDMENTS.— 

12 (i) IN GENERAL.—An amendment to 

13 the management plan that substantially al14 ters the purposes of the Heritage Area shall 

15 be reviewed by the Secretary and approved 

16 or disapproved in the same manner as the 

17 original management plan. 

18 (ii) IMPLEMENTATION.—The local co19 ordinating entity shall not use Federal 

20 funds authorized to be appropriated by this 

21 section to implement an amendment to the 

22 management plan until the Secretary ap23 proves the amendment. 

24 (f) DUTIES AND AUTHORITIES OF THE SECRETARY.— 

25 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 
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† HR 146 EAS 

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

2 local coordinating entity, the Secretary may pro3 vide technical and financial assistance, on a re4 imbursable or nonreimbursable basis (as deter5 mined by the Secretary), to the local coordi6 nating entity to develop and implement the 

7 management plan. 

8 (B) COOPERATIVE AGREEMENTS.—The Sec9 retary may enter into cooperative agreements 

10 with the local coordinating entity and other pub11 lic or private entities to provide technical or fi12 nancial assistance under subparagraph (A). 

13 (C) PRIORITY.—In assisting the Heritage 

14 Area, the Secretary shall give priority to actions 

15 that assist in— 

16 (i) conserving the significant natural, 

17 historic, and cultural resources of the Herit18 age Area; and 

19 (ii) providing educational, interpre20 tive, and recreational opportunities con21 sistent with the purposes of the Heritage 

22 Area. 

23 (2) EVALUATION; REPORT.— 

24 (A) IN GENERAL.—Not later than 3 years 

25 before the date on which authority for Federal 
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† HR 146 EAS 

1 funding terminates for the Heritage Area under 

2 subsection (j), the Secretary shall— 

3 (i) conduct an evaluation of the accom4 plishments of the Heritage Area; and 

5 (ii) prepare a report with rec6 ommendations for the future role of the Na7 tional Park Service, if any, with respect to 

8 the Heritage Area, in accordance with sub9 paragraph (C). 

10 (B) EVALUATION.—An evaluation conducted 

11 under subparagraph (A)(i) shall— 

12 (i) assess the progress of the local co13 ordinating entity with respect to— 

14 (I) accomplishing the purposes of 

15 this section for the Heritage Area; and 

16 (II) achieving the goals and objec17 tives of the approved management plan 

18 for the Heritage Area; 

19 (ii) analyze the Federal, State, local, 

20 and private investments in the Heritage 

21 Area to determine the leverage and impact 

22 of the investments; and 

23 (iii) review the management structure, 

24 partnership relationships, and funding of 

25 the Heritage Area for purposes of identi-
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† HR 146 EAS 

1 fying the critical components for sustain2 ability of the Heritage Area. 

3 (C) REPORT.— 

4 (i) IN GENERAL.—Based on the evalua5 tion conducted under subparagraph (A)(i), 

6 the Secretary shall prepare a report that in7 cludes recommendations for the future role 

8 of the National Park Service, if any, with 

9 respect to the Heritage Area. 

10 (ii) REQUIRED ANALYSIS.—If the re11 port prepared under this subparagraph rec12 ommends that Federal funding for the Her13 itage Area be reauthorized, the report shall 

14 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 report 

24 to— 
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† HR 146 EAS 

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 Representa5 tives. 

6 (g) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

7 (1) IN GENERAL.—Nothing in this section affects 

8 the authority of a Federal agency to provide technical 

9 or financial assistance under any other law. 

10 (2) CONSULTATION AND COORDINATION.—To the 

11 maximum extent practicable, the head of any Federal 

12 agency planning to conduct activities that may have 

13 an impact on the Heritage Area is encouraged to con14 sult and coordinate the activities with the Secretary 

15 and the local coordinating entity. 

16 (3) OTHER FEDERAL AGENCIES.—Nothing in 

17 this section— 

18 (A) modifies, alters, or amends any laws 

19 (including regulations) authorizing a Federal 

20 agency to manage Federal land under the juris21 diction of the Federal agency; 

22 (B) limits the discretion of a Federal land 

23 manager to implement an approved land use 

24 plan within the boundaries of the Heritage Area; 

25 or 
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† HR 146 EAS 

1 (C) modifies, alters, or amends any author2 ized use of Federal land under the jurisdiction of 

3 a Federal agency. 

4 (h) PROPERTY OWNERS AND REGULATORY PROTEC5 TIONS.—Nothing in this section— 

6 (1) abridges the rights of any owner of public or 

7 private property, including the right to refrain from 

8 participating in any plan, project, program, or activ9 ity conducted within the Heritage Area; 

10 (2) requires any property owner to— 

11 (A) permit public access (including Federal, 

12 tribal, State, or local government access) to the 

13 property; or 

14 (B) modify any provisions of Federal, trib15 al, State, or local law with regard to public ac16 cess or use of private land; 

17 (3) alters any duly adopted land use regulations, 

18 approved land use plan, or any other regulatory au19 thority of any Federal, State, or local agency, or trib20 al government; 

21 (4) conveys any land use or other regulatory au22 thority to the local coordinating entity; 

23 (5) authorizes or implies the reservation or ap24 propriation of water or water rights; 
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† HR 146 EAS 

1 (6) diminishes the authority of the States of 

2 Massachusetts and New Hampshire to manage fish 

3 and wildlife, including the regulation of fishing and 

4 hunting within the Heritage Area; or 

5 (7) creates any liability, or affects any liability 

6 under any other law, of any private property owner 

7 with respect to any person injured on the private 

8 property. 

9 (i) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) IN GENERAL.—There is authorized to be ap11 propriated to carry out this section $10,000,000, of 

12 which not more than $1,000,000 may be made avail13 able for any fiscal year. 

14 (2) AVAILABILITY.—Funds made available under 

15 paragraph (1) shall remain available until expended. 

16 (3) COST-SHARING REQUIREMENT.— 

17 (A) IN GENERAL.—The Federal share of the 

18 total cost of any activity under this section shall 

19 be not more than 50 percent. 

20 (B) FORM.—The non-Federal contribution 

21 may be in the form of in-kind contributions of 

22 goods or services fairly valued. 

23 (j) TERMINATION OF FINANCIAL ASSISTANCE.—The 

24 authority of the Secretary to provide financial assistance 
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† HR 146 EAS 

1 under this section terminates on the date that is 15 years 

2 after the date of enactment of this Act. 

3 SEC. 8007. MISSISSIPPI HILLS NATIONAL HERITAGE AREA. 

4 (a) DEFINITIONS.—In this section: 

5 (1) HERITAGE AREA.—The term ‘‘Heritage 

6 Area’’ means the Mississippi Hills National Heritage 

7 Area established by subsection (b)(1). 

8 (2) LOCAL COORDINATING ENTITY.—The term 

9 ‘‘local coordinating entity’’ means the local coordi10 nating entity for Heritage Area designated by sub11 section (b)(3)(A). 

12 (3) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means the management plan for the Her14 itage Area required under subsection (c)(1)(A). 

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

16 the Secretary of the Interior. 

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

18 of Mississippi. 

19 (b) MISSISSIPPI HILLS NATIONAL HERITAGE AREA.— 

20 (1) ESTABLISHMENT.—There is established the 

21 Mississippi Hills National Heritage Area in the 

22 State. 

23 (2) BOUNDARIES.— 

24 (A) AFFECTED COUNTIES.—The Heritage 

25 Area shall consist of all, or portions of, as speci-
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† HR 146 EAS 

1 fied by the boundary description in subpara2 graph (B), Alcorn, Attala, Benton, Calhoun, 

3 Carroll, Chickasaw, Choctaw, Clay, DeSoto, Gre4 nada, Holmes, Itawamba, Lafayette, Lee, 

5 Lowndes, Marshall, Monroe, Montgomery, 

6 Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss, 

7 Tate, Tippah, Tishomingo, Union, Webster, Win8 ston, and Yalobusha Counties in the State. 

9 (B) BOUNDARY DESCRIPTION.—The Herit10 age Area shall have the following boundary de11 scription: 

12 (i) traveling counterclockwise, the Her13 itage Area shall be bounded to the west by 

14 U.S. Highway 51 from the Tennessee State 

15 line until it intersects Interstate 55 (at 

Geeslin Corner approximately 1 16 ⁄2 mile due 

17 north of Highway Interchange 208); 

18 (ii) from this point, Interstate 55 shall 

19 be the western boundary until it intersects 

20 with Mississippi Highway 12 at Highway 

21 Interchange 156, the intersection of which 

22 shall be the southwest terminus of the Herit23 age Area; 

24 (iii) from the southwest terminus, the 

25 boundary shall— 
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† HR 146 EAS 

1 (I) extend east along Mississippi 

2 Highway 12 until it intersects U.S. 

3 Highway 51; 

4 (II) follow Highway 51 south 

5 until it is intersected again by High6 way 12; 

7 (III) extend along Highway 12 

8 into downtown Kosciusko where it 

9 intersects Mississippi Highway 35; 

10 (IV) follow Highway 35 south 

11 until it is intersected by Mississippi 

12 Highway 14; and 

13 (V) extend along Highway 14 

14 until it reaches the Alabama State 

15 line, the intersection of which shall be 

16 the southeast terminus of the Heritage 

17 Area; 

18 (iv) from the southeast terminus, the 

19 boundary of the Heritage Area shall follow 

20 the Mississippi-Alabama State line until it 

21 reaches the Mississippi-Tennessee State line, 

22 the intersection of which shall be the north23 east terminus of the Heritage Area; and 

24 (v) the boundary shall extend due west 

25 until it reaches U.S. Highway 51, the inter-
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† HR 146 EAS 

1 section of which shall be the northwest ter2 minus of the Heritage Area. 

3 (3) LOCAL COORDINATING ENTITY.— 

4 (A) IN GENERAL.—The local coordinating 

5 entity for the Heritage Area shall be the Mis6 sissippi Hills Heritage Area Alliance, a non7 profit organization registered by the State, with 

8 the cooperation and support of the University of 

9 Mississippi. 

10 (B) BOARD OF DIRECTORS.— 

11 (i) IN GENERAL.—The local coordi12 nating entity shall be governed by a Board 

13 of Directors comprised of not more than 30 

14 members. 

15 (ii) COMPOSITION.—Members of the 

16 Board of Directors shall consist of— 

17 (I) not more than 1 representative 

18 from each of the counties described in 

19 paragraph (2)(A); and 

20 (II) any ex-officio members that 

21 may be appointed by the Board of Di22 rectors, as the Board of Directors deter23 mines to be necessary. 

24 (c) DUTIES AND AUTHORITIES OF LOCAL COORDI25 NATING ENTITY.— 
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† HR 146 EAS 

1 (1) DUTIES OF THE LOCAL COORDINATING ENTI2 TY.—To further the purposes of the Heritage Area, the 

3 local coordinating entity shall— 

4 (A) prepare, and submit to the Secretary, 

5 in accordance with subsection (d), a manage6 ment plan for the Heritage Area; 

7 (B) assist units of local government, re8 gional planning organizations, and nonprofit or9 ganizations in implementing the approved man10 agement plan by— 

11 (i) establishing and maintaining inter12 pretive exhibits and programs within the 

13 Heritage Area; 

14 (ii) developing recreational opportuni15 ties in the Heritage Area; 

16 (iii) increasing public awareness of, 

17 and appreciation for, natural, historical, 

18 cultural, archaeological, and recreational 

19 resources of the Heritage Area; 

20 (iv) restoring historic sites and build21 ings in the Heritage Area that are con22 sistent with the themes of the Heritage Area; 

23 and 
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† HR 146 EAS 

1 (v) carrying out any other activity 

2 that the local coordinating entity deter3 mines to be consistent with this section; 

4 (C) conduct meetings open to the public at 

5 least annually regarding the development and 

6 implementation of the management plan; 

7 (D) submit an annual report to the Sec8 retary for each fiscal year for which the local co9 ordinating entity receives Federal funds under 

10 this section specifying— 

11 (i) the accomplishments of the local co12 ordinating entity; 

13 (ii) the expenses and income of the 

14 local coordinating entity; 

15 (iii) the amounts and sources of 

16 matching funds; 

17 (iv) the amounts leveraged with Fed18 eral funds and sources of the leveraged 

19 funds; and 

20 (v) grants made to any other entities 

21 during the fiscal year; 

22 (E) make available for audit for each fiscal 

23 year for which the local coordinating entity re24 ceives Federal funds under this section, all infor-
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† HR 146 EAS 

1 mation pertaining to the expenditure of the 

2 funds and any matching funds; 

3 (F) require in all agreements authorizing 

4 expenditures of Federal funds by other organiza5 tions, that the receiving organizations make 

6 available for audit all records and other infor7 mation pertaining to the expenditure of the 

8 funds; and 

9 (G) ensure that each county included in the 

10 Heritage Area is appropriately represented on 

11 any oversight advisory committee established 

12 under this section to coordinate the Heritage 

13 Area. 

14 (2) AUTHORITIES.—The local coordinating enti15 ty may, subject to the prior approval of the Secretary, 

16 for the purposes of preparing and implementing the 

17 management plan, use Federal funds made available 

18 under this section to— 

19 (A) make grants and loans to the State, po20 litical subdivisions of the State, nonprofit orga21 nizations, and other persons; 

22 (B) enter into cooperative agreements with, 

23 or provide technical assistance to, the State, po24 litical subdivisions of the State, nonprofit orga25 nizations, and other organizations; 
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† HR 146 EAS 

1 (C) hire and compensate staff; 

2 (D) obtain funds or services from any 

3 source, including funds and services provided 

4 under any other Federal law or program; and 

5 (E) contract for goods or services. 

6 (3) PROHIBITION ON ACQUISITION OF REAL

7 PROPERTY.—The local coordinating entity may not 

8 use Federal funds received under this section to ac9 quire any interest in real property. 

10 (d) MANAGEMENT PLAN.— 

11 (1) IN GENERAL.—Not later than 3 years after 

12 the date on which funds are made available to develop 

13 the management plan, the local coordinating entity 

14 shall submit to the Secretary for approval a proposed 

15 management plan for the Heritage Area. 

16 (2) REQUIREMENTS.—The management plan for 

17 the Heritage Area shall— 

18 (A) provide recommendations for the preser19 vation, conservation, enhancement, funding, 

20 management, interpretation, development, and 

21 promotion of the cultural, historical, archae22 ological, natural, and recreational resources of 

23 the Heritage Area; 

24 (B) specify existing and potential sources of 

25 funding or economic development strategies to 
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† HR 146 EAS 

1 protect, enhance, interpret, fund, manage, and 

2 develop the Heritage Area; 

3 (C) include— 

4 (i) an inventory of the natural, histor5 ical, cultural, archaeological, and rec6 reational resources of the Heritage Area; 

7 and 

8 (ii) an analysis of how Federal, State, 

9 tribal, and local programs may best be co10 ordinated to promote and carry out this sec11 tion; 

12 (D) provide recommendations for edu13 cational and interpretive programs to provide 

14 information to the public on the resources of the 

15 Heritage Area; and 

16 (E) involve residents of affected commu17 nities and tribal and local governments. 

18 (3) TERMINATION OF FUNDING.—If the manage19 ment plan is not submitted to the Secretary in ac20 cordance with this subsection, the local coordinating 

21 entity shall not qualify for additional financial as22 sistance under this section until the management plan 

23 is submitted to, and approved by, the Secretary. 

24 (4) APPROVAL OF MANAGEMENT PLAN.— 
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† HR 146 EAS 

1 (A) REVIEW.—Not later than 180 days after 

2 the date on which the Secretary receives the 

3 management plan, the Secretary shall approve or 

4 disapprove the management plan. 

5 (B) CONSULTATION REQUIRED.—The Sec6 retary shall consult with the Governor of the 

7 State and any tribal government in which the 

8 Heritage Area is located before approving the 

9 management plan. 

10 (C) CRITERIA FOR APPROVAL.—In deter11 mining whether to approve the management 

12 plan, the Secretary shall consider whether— 

13 (i) the local coordinating entity rep14 resents the diverse interests of the Heritage 

15 Area, including governments, natural and 

16 historical resource protection organizations, 

17 educational institutions, businesses, commu18 nity residents, and recreational organiza19 tions; 

20 (ii) the local coordinating entity has 

21 afforded adequate opportunity for public 

22 and governmental involvement (including 

23 through workshops and public meetings) in 

24 the preparation of the management plan; 
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† HR 146 EAS 

1 (iii) the resource protection and inter2 pretation strategies described in the man3 agement plan, if implemented, would ade4 quately protect the natural, historical, cul5 tural, archaeological, and recreational re6 sources of the Heritage Area; 

7 (iv) the management plan would not 

8 adversely affect any activities authorized on 

9 Federal or tribal land under applicable 

10 laws or land use plans; 

11 (v) the Secretary has received adequate 

12 assurances from the appropriate State, trib13 al, and local officials whose support is need14 ed to ensure the effective implementation of 

15 the State, tribal, and local aspects of the 

16 management plan; and 

17 (vi) the local coordinating entity has 

18 demonstrated the financial capability, in 

19 partnership with others, to carry out the 

20 management plan. 

21 (D) ACTION FOLLOWING DISAPPROVAL.— 

22 (i) IN GENERAL.—If the Secretary dis23 approves the management plan, the Sec24 retary— 
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† HR 146 EAS 

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) REVIEW; AMENDMENTS.— 

12 (i) IN GENERAL.—After approval by 

13 the Secretary of the management plan, the 

14 Alliance shall periodically— 

15 (I) review the management plan; 

16 and 

17 (II) submit to the Secretary, for 

18 review and approval by the Secretary, 

19 any recommendations for revisions to 

20 the management plan. 

21 (ii) IN GENERAL.—An amendment to 

22 the management plan that substantially al23 ters the purposes of the Heritage Area shall 

24 be reviewed by the Secretary and approved 
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† HR 146 EAS 

1 or disapproved in the same manner as the 

2 original management plan. 

3 (iii) 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) DUTIES AND AUTHORITIES OF THE SECRETARY.— 

10 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 

11 (A) IN GENERAL.—On the request of the 

12 local coordinating entity, the Secretary may pro13 vide technical and financial assistance, on a re14 imbursable or nonreimbursable basis (as deter15 mined by the Secretary), to the local coordi16 nating entity to develop and implement the 

17 management plan. 

18 (B) COOPERATIVE AGREEMENTS.—The Sec19 retary may enter into cooperative agreements 

20 with the local coordinating entity and other pub21 lic or private entities to provide technical or fi22 nancial assistance under subparagraph (A). 

23 (C) PRIORITY.—In assisting the Heritage 

24 Area, the Secretary shall give priority to actions 

25 that assist in— 
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† HR 146 EAS 

1 (i) conserving the significant natural, 

2 historical, cultural, archaeological, and rec3 reational resources of the Heritage Area; 

4 and 

5 (ii) providing educational, interpre6 tive, and recreational opportunities con7 sistent with the purposes of the Heritage 

8 Area. 

9 (2) EVALUATION; REPORT.— 

10 (A) IN GENERAL.—Not later than 3 years 

11 before the date on which authority for Federal 

12 funding terminates for the Heritage Area under 

13 subsection (i), the Secretary shall— 

14 (i) conduct an evaluation of the accom15 plishments of the Heritage Area; and 

16 (ii) prepare a report with rec17 ommendations for the future role of the Na18 tional Park Service, if any, with respect to 

19 the Heritage Area, in accordance with sub20 paragraph (C). 

21 (B) EVALUATION.—An evaluation conducted 

22 under subparagraph (A)(i) shall— 

23 (i) assess the progress of the local co24 ordinating entity with respect to— 
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1 (I) accomplishing the purposes of 

2 this section for the Heritage Area; and 

3 (II) achieving the goals and objec4 tives of the approved management plan 

5 for the Heritage Area; 

6 (ii) analyze the Federal, State, local, 

7 and private investments in the Heritage 

8 Area to determine the leverage and impact 

9 of the investments; and 

10 (iii) review the management structure, 

11 partnership relationships, and funding of 

12 the Heritage Area for purposes of identi13 fying the critical components for sustain14 ability of the Heritage Area. 

15 (C) REPORT.— 

16 (i) IN GENERAL.—Based on the evalua17 tion conducted under subparagraph (A)(i), 

18 the Secretary shall prepare a report that in19 cludes recommendations for the future role 

20 of the National Park Service, if any, with 

21 respect to the Heritage Area. 

22 (ii) REQUIRED ANALYSIS.—If the re23 port prepared under this subparagraph rec24 ommends that Federal funding for the Her-
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1 itage Area be reauthorized, the report shall 

2 include an analysis of— 

3 (I) ways in which Federal fund4 ing for the Heritage Area may be re5 duced or eliminated; and 

6 (II) the appropriate time period 

7 necessary to achieve the recommended 

8 reduction or elimination. 

9 (iii) SUBMISSION TO CONGRESS.—On 

10 completion of a report under this subpara11 graph, the Secretary shall submit the report 

12 to— 

13 (I) the Committee on Energy and 

14 Natural Resources of the Senate; and 

15 (II) the Committee on Natural 

16 Resources of the House of Representa17 tives. 

18 (f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

19 (1) IN GENERAL.—Nothing in this section affects 

20 the authority of a Federal agency to provide technical 

21 or financial assistance under any other law. 

22 (2) CONSULTATION AND COORDINATION.—To the 

23 maximum extent practicable, the head of any Federal 

24 agency planning to conduct activities that may have 

25 an impact on the Heritage Area is encouraged to con-
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† HR 146 EAS 

1 sult and coordinate the activities with the Secretary 

2 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 Area; 

12 or 

13 (C) modifies, alters, or amends any author14 ized use of Federal land under the jurisdiction of 

15 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 pub20 lic or private property, including the right to re21 frain from participating in any plan, project, 

22 program, or activity conducted within the Herit23 age Area; 

24 (B) requires any property owner to— 
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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 to 

16 manage fish and wildlife, including the regula17 tion of fishing and hunting within the Heritage 

18 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 in 

24 this section— 
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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 ap10 propriated to carry out this section $10,000,000, of 

11 which not more than $1,000,000 may be made avail12 able 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 the 

18 total cost of any activity under this section shall 

19 be not more than 50 percent. 

20 (B) FORM.—The non-Federal contribu21 tion— 

22 (i) shall be from non-Federal sources; 

23 and 

24 (ii) may be in the form of in-kind con25 tributions of goods or services fairly valued. 
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1 (i) TERMINATION OF FINANCIAL ASSISTANCE.—The 

2 authority of the Secretary to provide financial assistance 

3 under this section terminates on the date that is 15 years 

4 after the date of enactment of this Act. 

5 SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA. 

6 (a) DEFINITIONS.—In this section: 

7 (1) BOARD.—The term ‘‘Board’’ means the 

8 Board of Directors of the local coordinating entity. 

9 (2) HERITAGE AREA.—The term ‘‘Heritage 

10 Area’’ means the Mississippi Delta National Heritage 

11 Area established by subsection (b)(1). 

12 (3) LOCAL COORDINATING ENTITY.—The term 

13 ‘‘local coordinating entity’’ means the local coordi14 nating entity for the Heritage Area designated by 

15 subsection (b)(4)(A). 

16 (4) MANAGEMENT PLAN.—The term ‘‘manage17 ment plan’’ means the management plan for the Her18 itage Area developed under subsection (d). 

19 (5) MAP.—The term ‘‘map’’ means the map enti20 tled ‘‘Mississippi Delta National Heritage Area’’, 

21 numbered T13/80,000, and dated April 2008. 

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

23 the Secretary of the Interior. 

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

25 of Mississippi. 
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1 (b) ESTABLISHMENT.— 

2 (1) ESTABLISHMENT.—There is established in 

3 the State the Mississippi Delta National Heritage 

4 Area. 

5 (2) BOUNDARIES.—The Heritage Area shall in6 clude all counties in the State that contain land lo7 cated in the alluvial floodplain of the Mississippi 

8 Delta, including Bolivar, Carroll, Coahoma, Desoto, 

9 Holmes, Humphreys, Issaquena, Leflore, Panola, 

10 Quitman, Sharkey, Sunflower, Tallahatchie, Tate, 

11 Tunica, Warren, Washington, and Yazoo Counties in 

12 the State, as depicted on the map. 

13 (3) AVAILABILITY OF MAP.—The map shall be on 

14 file and available for public inspection in the office 

15 of the Director of the National Park Service. 

16 (4) LOCAL COORDINATING ENTITY.— 

17 (A) DESIGNATION.—The Mississippi Delta 

18 National Heritage Area Partnership shall be the 

19 local coordinating entity for the Heritage Area. 

20 (B) BOARD OF DIRECTORS.— 

21 (i) COMPOSITION.— 

22 (I) IN GENERAL.—The local co23 ordinating entity shall be governed by 

24 a Board of Directors composed of 15 

25 members, of whom— 
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1 (aa) 1 member shall be ap2 pointed by Delta State Univer3 sity; 

4 (bb) 1 member shall be ap5 pointed by Mississippi Valley 

6 State University; 

7 (cc) 1 member shall be ap8 pointed by Alcorn State Univer9 sity; 

10 (dd) 1 member shall be ap11 pointed by the Delta Foundation; 

12 (ee) 1 member shall be ap13 pointed by the Smith Robertson 

14 Museum; 

15 (ff) 1 member shall be ap16 pointed from the office of the Gov17 ernor of the State; 

18 (gg) 1 member shall be ap19 pointed by Delta Council; 

20 (hh) 1 member shall be ap21 pointed from the Mississippi Arts 

22 Commission; 

23 (ii) 1 member shall be ap24 pointed from the Mississippi De25 partment of Archives and History; 
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† HR 146 EAS 

1 (jj) 1 member shall be ap2 pointed from the Mississippi Hu3 manities Council; and 

4 (kk) up to 5 additional mem5 bers shall be appointed for stag6 gered 1- and 2-year terms by 

7 County boards in the Heritage 

8 Area. 

9 (II) RESIDENCY REQUIRE10 MENTS.—At least 7 members of the 

11 Board shall reside in the Heritage 

12 Area. 

13 (ii) OFFICERS.— 

14 (I) IN GENERAL.—At the initial 

15 meeting of the Board, the members of 

16 the Board shall appoint a Chairperson, 

17 Vice Chairperson, and Secretary/Treas18 urer. 

19 (II) DUTIES.— 

20 (aa) CHAIRPERSON.—The 

21 duties of the Chairperson shall in22 clude— 

23 (AA) presiding over 

24 meetings of the Board; 
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1 (BB) executing docu2 ments of the Board; and 

3 (CC) coordinating ac4 tivities of the Heritage Area 

5 with Federal, State, local, 

6 and nongovernmental offi7 cials. 

8 (bb) VICE CHAIRPERSON.— 

9 The Vice Chairperson shall act as 

10 Chairperson in the absence or dis11 ability of the Chairperson. 

12 (iii) MANAGEMENT AUTHORITY.— 

13 (I) IN GENERAL.—The Board 

14 shall— 

15 (aa) exercise all corporate 

16 powers of the local coordinating 

17 entity; 

18 (bb) manage the activities 

19 and affairs of the local coordi20 nating entity; and 

21 (cc) subject to any limita22 tions in the articles and bylaws of 

23 the local coordinating entity, this 

24 section, and any other applicable 

25 Federal or State law, establish the 
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† HR 146 EAS 

1 policies of the local coordinating 

2 entity. 

3 (II) STAFF.—The Board shall 

4 have the authority to employ any serv5 ices and staff that are determined to be 

6 necessary by a majority vote of the 

7 Board. 

8 (iv) BYLAWS.— 

9 (I) IN GENERAL.—The Board may 

10 amend or repeal the bylaws of the local 

11 coordinating entity at any meeting of 

12 the Board by a majority vote of the 

13 Board. 

14 (II) NOTICE.—The Board shall 

15 provide notice of any meeting of the 

16 Board at which an amendment to the 

17 bylaws is to be considered that includes 

18 the text or a summary of the proposed 

19 amendment. 

20 (v) MINUTES.—Not later than 60 days 

21 after a meeting of the Board, the Board 

22 shall distribute the minutes of the meeting 

23 among all Board members and the county 

24 supervisors in each county within the Her25 itage Area. 
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† HR 146 EAS 

1 (c) DUTIES AND AUTHORITIES OF LOCAL COORDI2 NATING ENTITY.— 

3 (1) DUTIES OF THE LOCAL COORDINATING ENTI4 TY.—To further the purposes of the Heritage Area, the 

5 local coordinating entity shall— 

6 (A) prepare, and submit to the Secretary, 

7 in accordance with subsection (d), 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, protect, and enhance impor15 tant resource values within the Heritage 

16 Area; 

17 (ii) establishing and maintaining in18 terpretive exhibits and programs within the 

19 Heritage Area; 

20 (iii) developing recreational and edu21 cational opportunities in the Heritage Area; 

22 (iv) increasing public awareness of, 

23 and appreciation for, natural, historic, sce24 nic, and cultural resources of the Heritage 

25 Area; 
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† HR 146 EAS 

1 (v) protecting and restoring historic 

2 sites and buildings in the Heritage Area 

3 that are consistent with the themes of the 

4 Heritage Area; 

5 (vi) ensuring that signs identifying 

6 points of public access and sites of interest 

7 are posted throughout the Heritage Area; 

8 and 

9 (vii) promoting a wide range of part10 nerships among governments, organizations, 

11 and individuals to further the purposes of 

12 the Heritage Area; 

13 (C) consider the interests of diverse units of 

14 government, businesses, organizations, and indi15 viduals in the Heritage Area in the preparation 

16 and implementation of the management plan; 

17 (D) conduct meetings open to the public at 

18 least semiannually regarding the development 

19 and implementation of the management plan; 

20 (E) submit an annual report to the Sec21 retary for each fiscal year for which the local co22 ordinating entity receives Federal funds under 

23 this section specifying— 

24 (i) the accomplishments of the local co25 ordinating entity; 
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† HR 146 EAS 

1 (ii) the expenses and income of the 

2 local coordinating entity; 

3 (iii) the amounts and sources of 

4 matching funds; 

5 (iv) the amounts leveraged with Fed6 eral funds and sources of the leveraged 

7 funds; and 

8 (v) grants made to any other entities 

9 during the fiscal year; 

10 (F) make available for audit for each fiscal 

11 year for which the local coordinating entity re12 ceives Federal funds under this section, all infor13 mation pertaining to the expenditure of the 

14 funds and any matching funds; 

15 (G) require in all agreements authorizing 

16 expenditures of Federal funds by other organiza17 tions, that the receiving organizations make 

18 available for audit all records and other infor19 mation pertaining to the expenditure of the 

20 funds; and 

21 (H) encourage, by appropriate means, eco22 nomic development that is consistent with the 

23 purposes of the Heritage Area. 

24 (2) AUTHORITIES.—The local coordinating enti25 ty may, subject to the prior approval of the Secretary, 
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† HR 146 EAS 

1 for the purposes of preparing and implementing the 

2 management plan, use Federal funds made available 

3 under this section to— 

4 (A) make grants to the State, political sub5 divisions of the State, nonprofit organizations, 

6 and other persons; 

7 (B) enter into cooperative agreements with, 

8 or provide technical assistance to, the State, po9 litical subdivisions of the State, nonprofit orga10 nizations, Federal agencies, and other interested 

11 parties; 

12 (C) hire and compensate staff; 

13 (D) obtain funds or services from any 

14 source, including funds and services provided 

15 under any other Federal law or program; 

16 (E) contract for goods or services; and 

17 (F) support activities of partners and any 

18 other activities that further the purposes of the 

19 Heritage Area and are consistent with the ap20 proved management plan. 

21 (3) PROHIBITION ON ACQUISITION OF REAL

22 PROPERTY.—The local coordinating entity may not 

23 use Federal funds received under this section to ac24 quire any interest in real property. 

25 (d) MANAGEMENT PLAN.— 
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† HR 146 EAS 

1 (1) IN GENERAL.—Not later than 3 years after 

2 the date on which funds are made available to develop 

3 the management plan, the local coordinating entity 

4 shall submit to the Secretary for approval a proposed 

5 management plan for the Heritage Area. 

6 (2) REQUIREMENTS.—The management plan for 

7 the Heritage Area shall— 

8 (A) describe comprehensive policies, goals, 

9 strategies, and recommendations for telling the 

10 story of the heritage of the region and encour11 aging long-term resource protection, enhance12 ment, interpretation, funding, management, and 

13 development of the Heritage Area; 

14 (B) take into consideration existing State, 

15 county, and local plans in the development and 

16 implementation of the management plan; 

17 (C) include a description of actions and 

18 commitments that governments, private organi19 zations, and citizens plan to take to protect, en20 hance, and interpret the cultural, historical, ar21 chaeological, natural, and recreational resources 

22 of the Heritage Area; 

23 (D) specify existing and potential sources of 

24 funding or economic development strategies to 
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† HR 146 EAS 

1 protect, enhance, interpret, fund, manage, and 

2 develop the Heritage Area; 

3 (E) include an inventory of the cultural, 

4 historical, archaeological, natural, and rec5 reational resources of the Heritage Area relating 

6 to the stories and themes of the region that 

7 should be protected, enhanced, managed, or devel8 oped; 

9 (F) recommend policies and strategies for 

10 resource management including, the development 

11 of intergovernmental and interagency agreements 

12 to protect the natural, historic, cultural, edu13 cational, scenic, and recreational resources of the 

14 Heritage Area; 

15 (G) describe a program for implementation 

16 of the management plan, including— 

17 (i) performance goals; 

18 (ii) plans for resource protection, en19 hancement, and interpretation; and 

20 (iii) specific commitments for imple21 mentation that have been made by the local 

22 coordinating entity or any government, or23 ganization, business, or individual; 

24 (H) include an analysis of, and rec25 ommendations for, ways in which Federal, State, 
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† HR 146 EAS 

1 tribal, and local programs may best be coordi2 nated (including the role of the National Park 

3 Service and other Federal agencies associated 

4 with the Heritage Area) to further the purposes 

5 of this section; 

6 (I) include an interpretive plan for the Her7 itage Area; and 

8 (J) include a business plan that— 

9 (i) describes the role, operation, financ10 ing, and functions of the local coordinating 

11 entity and of each of the major activities de12 scribed in the management plan; and 

13 (ii) provides adequate assurances that 

14 the local coordinating entity has the part15 nerships and financial and other resources 

16 necessary to implement the management 

17 plan for the Heritage Area. 

18 (3) TERMINATION OF FUNDING.—If the manage19 ment plan is not submitted to the Secretary in ac20 cordance with this subsection, the local coordinating 

21 entity shall not qualify for additional financial as22 sistance under this section until the management plan 

23 is submitted to, and approved by, the Secretary. 

24 (4) APPROVAL OF MANAGEMENT PLAN.— 
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† HR 146 EAS 

1 (A) REVIEW.—Not later than 180 days after 

2 the date on which the Secretary receives the 

3 management plan, the Secretary shall approve or 

4 disapprove the management plan. 

5 (B) CONSULTATION REQUIRED.—The Sec6 retary shall consult with the Governor of the 

7 State and any tribal government in which the 

8 Heritage Area is located before approving the 

9 management plan. 

10 (C) CRITERIA FOR APPROVAL.—In deter11 mining whether to approve the management 

12 plan, the Secretary shall consider whether— 

13 (i) the local coordinating entity rep14 resents the diverse interests of the Heritage 

15 Area, including governments, natural and 

16 historic resource protection organizations, 

17 educational institutions, businesses, commu18 nity residents, and recreational organiza19 tions; 

20 (ii) the local coordinating entity has 

21 afforded adequate opportunity for public 

22 and governmental involvement (including 

23 through workshops and public meetings) in 

24 the preparation of the management plan; 
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† HR 146 EAS 

1 (iii) the resource protection and inter2 pretation strategies described in the man3 agement plan, if implemented, would ade4 quately protect the cultural, historical, ar5 chaeological, natural, and recreational re6 sources of the Heritage Area; 

7 (iv) the management plan would not 

8 adversely affect any activities authorized on 

9 Federal or tribal land under applicable 

10 laws or land use plans; 

11 (v) the Secretary has received adequate 

12 assurances from the appropriate State, trib13 al, and local officials whose support is need14 ed to ensure the effective implementation of 

15 the State, tribal, and local aspects of the 

16 management plan; and 

17 (vi) the local coordinating entity has 

18 demonstrated the financial capability, in 

19 partnership with others, to carry out the 

20 management plan. 

21 (D) ACTION FOLLOWING DISAPPROVAL.— 

22 (i) IN GENERAL.—If the Secretary dis23 approves the management plan, the Sec24 retary— 
735 

† HR 146 EAS 

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 shall 

15 be reviewed by the Secretary and approved 

16 or disapproved in the same manner as the 

17 original management plan. 

18 (ii) IMPLEMENTATION.—The local co19 ordinating entity shall not use Federal 

20 funds authorized to be appropriated by this 

21 section to implement an amendment to the 

22 management plan until the Secretary ap23 proves the amendment. 

24 (e) DUTIES AND AUTHORITIES OF THE SECRETARY.— 

25 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 
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† HR 146 EAS 

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

2 local coordinating entity, the Secretary may pro3 vide technical and financial assistance, on a re4 imbursable or nonreimbursable basis (as deter5 mined by the Secretary), to the local coordi6 nating entity to develop and implement the 

7 management plan. 

8 (B) COOPERATIVE AGREEMENTS.—The Sec9 retary may enter into cooperative agreements 

10 with the local coordinating entity and other pub11 lic or private entities to provide technical or fi12 nancial assistance under subparagraph (A). 

13 (C) PRIORITY.—In assisting the Heritage 

14 Area, the Secretary shall give priority to actions 

15 that assist in— 

16 (i) conserving the significant cultural, 

17 historical, archaeological, natural, and rec18 reational resources of the Heritage Area; 

19 and 

20 (ii) providing educational, interpre21 tive, and recreational opportunities con22 sistent with the purposes of the Heritage 

23 Area. 

24 (D) PROHIBITION OF CERTAIN REQUIRE25 MENTS.—The Secretary may not, as a condition 
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† HR 146 EAS 

1 of the provision of technical or financial assist2 ance under this subsection, require any recipient 

3 of the assistance to impose or modify any land 

4 use restriction or zoning ordinance. 

5 (2) EVALUATION; REPORT.— 

6 (A) IN GENERAL.—Not later than 3 years 

7 before the date on which authority for Federal 

8 funding terminates for the Heritage Area under 

9 subsection (i), the Secretary shall— 

10 (i) conduct an evaluation of the accom11 plishments of the Heritage Area; and 

12 (ii) prepare a report with rec13 ommendations for the future role of the Na14 tional Park Service, if any, with respect to 

15 the Heritage Area, in accordance with sub16 paragraph (C). 

17 (B) EVALUATION.—An evaluation conducted 

18 under subparagraph (A)(i) shall— 

19 (i) assess the progress of the local co20 ordinating entity with respect to— 

21 (I) accomplishing the purposes of 

22 this section for the Heritage Area; and 

23 (II) achieving the goals and objec24 tives of the approved management plan 

25 for the Heritage Area; 
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† HR 146 EAS 

1 (ii) analyze the Federal, State, local, 

2 and private investments in the Heritage 

3 Area to determine the leverage and impact 

4 of the investments; and 

5 (iii) review the management structure, 

6 partnership relationships, and funding of 

7 the Heritage Area for purposes of identi8 fying the critical components for sustain9 ability of the Heritage Area. 

10 (C) REPORT.— 

11 (i) IN GENERAL.—Based on the evalua12 tion conducted under subparagraph (A)(i), 

13 the Secretary shall prepare a report that in14 cludes recommendations for the future role 

15 of the National Park Service, if any, with 

16 respect to the Heritage Area. 

17 (ii) REQUIRED ANALYSIS.—If the re18 port prepared under this subparagraph rec19 ommends that Federal funding for the Her20 itage Area be reauthorized, the report shall 

21 include an analysis of— 

22 (I) ways in which Federal fund23 ing for the Heritage Area may be re24 duced or eliminated; and 
739 

† HR 146 EAS 

1 (II) the appropriate time period 

2 necessary to achieve the recommended 

3 reduction or elimination. 

4 (iii) SUBMISSION TO CONGRESS.—On 

5 completion of a report under this subpara6 graph, the Secretary shall submit the report 

7 to— 

8 (I) the Committee on Energy and 

9 Natural Resources of the Senate; and 

10 (II) the Committee on Natural 

11 Resources of the House of Representa12 tives. 

13 (f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

14 (1) IN GENERAL.—Nothing in this section affects 

15 the authority of a Federal agency to provide technical 

16 or financial assistance under any other law. 

17 (2) CONSULTATION AND COORDINATION.—To the 

18 maximum extent practicable, the head of any Federal 

19 agency planning to conduct activities that may have 

20 an impact on the Heritage Area is encouraged to con21 sult and coordinate the activities with the Secretary 

22 and the local coordinating entity. 

23 (3) OTHER FEDERAL AGENCIES.—Nothing in 

24 this section— 
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† HR 146 EAS 

1 (A) modifies, alters, or amends any laws 

2 (including regulations) 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 the Heritage Area; 

8 or 

9 (C) modifies, alters, or amends any author10 ized use of Federal land under the jurisdiction of 

11 a Federal agency. 

12 (g) PROPERTY OWNERS AND REGULATORY PROTEC13 TIONS.—Nothing in this section— 

14 (1) abridges the rights of any owner of public or 

15 private property, 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 to— 

19 (A) permit public access (including Federal, 

20 tribal, State, or local government access) to the 

21 property; or 

22 (B) modify any provisions of Federal, trib23 al, State, or local law with regard to public ac24 cess or use of private land; 
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† HR 146 EAS 

1 (3) alters any duly adopted land use regulations, 

2 approved land use plan, or any other regulatory au3 thority of any Federal, State, or local agency, or trib4 al government; 

5 (4) conveys any land use or other regulatory au6 thority to the local coordinating entity; 

7 (5) authorizes or implies the reservation or ap8 propriation of water or water rights; 

9 (6) diminishes the authority of the State to man10 age fish and wildlife, including the regulation of fish11 ing and hunting within the Heritage Area; 

12 (7) creates any liability, or affects any liability 

13 under any other law, of any private property owner 

14 with respect to any person injured on the private 

15 property; 

16 (8) restricts an Indian tribe from protecting cul17 tural or religious sites on tribal land; or 

18 (9) diminishes the trust responsibilities of gov19 ernment-to-government obligations of the United 

20 States of any federally recognized Indian tribe. 

21 (h) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—There is authorized to be ap23 propriated to carry out this section $10,000,000, of 

24 which not more than $1,000,000 may be made avail25 able for any fiscal year. 
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† HR 146 EAS 

1 (2) COST-SHARING REQUIREMENT.— 

2 (A) IN GENERAL.—The Federal share of the 

3 total cost of any activity under this section shall 

4 be not more than 50 percent. 

5 (B) FORM.—The non-Federal contribu6 tion— 

7 (i) shall be from non-Federal sources; 

8 and 

9 (ii) may be in the form of in-kind con10 tributions of goods or services fairly valued. 

11 (i) 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. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, 

16 ALABAMA. 

17 (a) PURPOSES.—The purposes of this section are— 

18 (1) to preserve, support, conserve, and interpret 

19 the legacy of the region represented by the Heritage 

20 Area as described in the feasibility study prepared by 

21 the National Park Service; 

22 (2) to promote heritage, cultural, and rec23 reational tourism, and to develop educational and 

24 cultural programs for visitors and the general public; 
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† HR 146 EAS 

1 (3) to recognize and interpret important events 

2 and geographic locations representing key develop3 ments in the growth of the United States, including 

4 the Native American, Colonial American, European 

5 American, and African American heritage; 

6 (4) to recognize and interpret the manner by 

7 which the distinctive geography of the region has 

8 shaped the development of the settlement, defense, 

9 transportation, commerce, and culture of the region; 

10 (5) to provide a cooperative management frame11 work to foster a close working relationship with all 

12 levels of government, the private sector, and the local 

13 communities in the region to identify, preserve, inter14 pret, and develop the historical, cultural, scenic, and 

15 natural resources of the region for the educational 

16 and inspirational benefit of current and future gen17 erations; and 

18 (6) to provide appropriate linkages between 

19 units of the National Park System and communities, 

20 governments, and organizations within the Heritage 

21 Area. 

22 (b) DEFINITIONS.—In this section: 

23 (1) HERITAGE AREA.—The term ‘‘Heritage 

24 Area’’ means the Muscle Shoals National Heritage 

25 Area established by subsection (c)(1). 
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† HR 146 EAS 

1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘local coordinating entity’’ means the Muscle Shoals 

3 Regional Center, the local coordinating entity for the 

4 Heritage Area designated by subsection (c)(4). 

5 (3) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the plan for the Heritage Area re7 quired under subsection (d)(1)(A). 

8 (4) MAP.—The term ‘‘map’’ means the map enti9 tled ‘‘Muscle Shoals National Heritage Area’’, num10 bered T08/80,000, and dated October 2007. 

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

12 of Alabama. 

13 (c) ESTABLISHMENT.— 

14 (1) IN GENERAL.—There is established the Mus15 cle Shoals National Heritage Area in the State. 

16 (2) BOUNDARIES.—The Heritage Area shall be 

17 comprised of the following areas, as depicted on the 

18 map: 

19 (A) The Counties of Colbert, Franklin, Lau20 derdale, Lawrence, Limestone, and Morgan, Ala21 bama. 

22 (B) The Wilson Dam. 

23 (C) The Handy Home. 

24 (D) The birthplace of Helen Keller. 
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1 (3) AVAILABILITY MAP.—The map shall be on 

2 file and available for public inspection in the appro3 priate offices of the National Park Service and the 

4 local coordinating entity. 

5 (4) LOCAL COORDINATING ENTITY.—The Muscle 

6 Shoals Regional Center shall be the local coordinating 

7 entity for the Heritage Area. 

8 (d) DUTIES AND AUTHORITIES OF LOCAL COORDI9 NATING ENTITY.— 

10 (1) DUTIES OF THE LOCAL COORDINATING ENTI11 TY.—To further the purposes of the Heritage Area, the 

12 local coordinating entity shall— 

13 (A) prepare, and submit to the Secretary, 

14 in accordance with subsection (e), a management 

15 plan for the Heritage Area; 

16 (B) submit an annual report to the Sec17 retary for each fiscal year for which the local co18 ordinating entity receives Federal funds under 

19 this section specifying— 

20 (i) the accomplishments of the local co21 ordinating entity; 

22 (ii) the expenses and income of the 

23 local coordinating entity; 

24 (iii) the amounts and sources of 

25 matching funds; 
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† HR 146 EAS 

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 (C) make available for audit for each fiscal 

7 year for which the local coordinating entity re8 ceives Federal funds under this section, all infor9 mation pertaining to the expenditure of the 

10 funds and any matching funds; 

11 (D) encourage, by appropriate means, eco12 nomic development that is consistent with the 

13 purposes of the Heritage Area; and 

14 (E) serve as a catalyst for the implementa15 tion of projects and programs among diverse 

16 partners in the Heritage Area. 

17 (2) AUTHORITIES.—The local coordinating enti18 ty may, subject to the prior approval of the Secretary, 

19 for the purposes of preparing and implementing the 

20 management plan, use Federal funds made available 

21 under this section to— 

22 (A) make grants to the State, political sub23 divisions of the State, nonprofit organizations, 

24 and other persons; 
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† HR 146 EAS 

1 (B) enter into cooperative agreements with, 

2 or provide technical assistance to, the State, po3 litical subdivisions of the State, nonprofit orga4 nizations, Federal agencies, and other interested 

5 parties; 

6 (C) hire and compensate staff, including in7 dividuals with expertise in— 

8 (i) natural, historical, cultural, edu9 cational, scenic, and recreational resource 

10 conservation; 

11 (ii) economic and community develop12 ment; and 

13 (iii) heritage planning; 

14 (D) obtain funds or services from any 

15 source, including funds and services provided 

16 under any other Federal law or program; 

17 (E) contract for goods or services; and 

18 (F) support activities of partners and any 

19 other activities that further the purposes of the 

20 Heritage Area and are consistent with the ap21 proved management plan. 

22 (3) PROHIBITION ON ACQUISITION OF REAL

23 PROPERTY.—The local coordinating entity may not 

24 use Federal funds received under this section to ac25 quire any interest in real property. 
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† HR 146 EAS 

1 (e) MANAGEMENT PLAN.— 

2 (1) IN GENERAL.—Not later than 3 years after 

3 the date on which funds are made available to develop 

4 the management plan, the local coordinating entity 

5 shall submit to the Secretary for approval a proposed 

6 management plan for the Heritage Area. 

7 (2) REQUIREMENTS.—The management plan for 

8 the Heritage Area shall— 

9 (A) describe comprehensive policies, goals, 

10 strategies, and recommendations for telling the 

11 story of the heritage of the area covered by the 

12 Heritage Area and encouraging long-term re13 source protection, enhancement, interpretation, 

14 funding, management, and development of the 

15 Heritage Area; 

16 (B) include a description of actions and 

17 commitments that Federal, State, tribal, and 

18 local governments, private organizations, and 

19 citizens plan to take to protect, enhance, inter20 pret, fund, manage, and develop the natural, his21 toric, cultural, educational, scenic, and rec22 reational resources of the Heritage Area; 

23 (C) specify existing and potential sources of 

24 funding or economic development strategies to 
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† HR 146 EAS 

1 protect, enhance, interpret, fund, manage, and 

2 develop the Heritage Area; 

3 (D) include an inventory of the natural, 

4 historic, cultural, educational, scenic, and rec5 reational resources of the Heritage Area relating 

6 to the stories and themes of the Heritage Area 

7 that should be protected, enhanced, interpreted, 

8 managed, funded, or developed; 

9 (E) recommend policies and strategies for 

10 resource management, including the development 

11 of intergovernmental and interagency agreements 

12 to protect, enhance, interpret, fund, manage, and 

13 develop the natural, historic, cultural, edu14 cational, scenic, and recreational resources of the 

15 Heritage Area; 

16 (F) describe a program for implementation 

17 of the management plan, including— 

18 (i) performance goals; 

19 (ii) plans for resource protection, en20 hancement, interpretation, funding, man21 agement, and development; and 

22 (iii) specific commitments for imple23 mentation that have been made by the local 

24 coordinating entity or any Federal, State, 
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† HR 146 EAS 

1 tribal, or local government agency, organi2 zation, business, or individual; 

3 (G) include an analysis of, and rec4 ommendations for, ways in which Federal, State, 

5 tribal, and local programs may best be coordi6 nated (including the role of the National Park 

7 Service and other Federal agencies associated 

8 with the Heritage Area) to further the purposes 

9 of this section; and 

10 (H) include a business plan that— 

11 (i) describes the role, operation, financ12 ing, and functions of the local coordinating 

13 entity and of each of the major activities de14 scribed in the management plan; and 

15 (ii) provides adequate assurances that 

16 the local coordinating entity has the part17 nerships and financial and other resources 

18 necessary to implement the management 

19 plan for the Heritage Area. 

20 (3) TERMINATION OF FUNDING.—If the manage21 ment plan is not submitted to the Secretary by the 

22 date that is 3 years after the date on which funds are 

23 first made available to develop the management plan, 

24 the local coordinating entity shall not qualify for ad25 ditional financial assistance under this section until 
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† HR 146 EAS 

1 the management plan is submitted to, and approved 

2 by, the Secretary. 

3 (4) APPROVAL OF MANAGEMENT PLAN.— 

4 (A) REVIEW.—Not later than 180 days after 

5 the date on which the Secretary receives the 

6 management plan, the Secretary shall approve or 

7 disapprove the management plan. 

8 (B) CONSULTATION REQUIRED.—The Sec9 retary shall consult with the Governor of the 

10 State in which the Heritage Area is located be11 fore approving the management plan. 

12 (C) CRITERIA FOR APPROVAL.—In deter13 mining whether to approve the management 

14 plan, the Secretary shall consider whether— 

15 (i) the local coordinating entity rep16 resents the diverse interests of the Heritage 

17 Area, including Federal, State, tribal, and 

18 local governments, natural and historic re19 source protection organizations, educational 

20 institutions, businesses, community resi21 dents, recreational organizations, and pri22 vate property owners; 

23 (ii) the local coordinating entity— 

24 (I) has afforded adequate oppor25 tunity for public and Federal, State, 
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† HR 146 EAS 

1 tribal, and local governmental involve2 ment (including through workshops 

3 and public meetings) in the prepara4 tion of the management plan; and 

5 (II) provides for at least semi6 annual public meetings to ensure ade7 quate implementation of the manage8 ment plan; 

9 (iii) the resource protection, enhance10 ment, interpretation, funding, management, 

11 and development strategies described in the 

12 management plan, if implemented, would 

13 adequately protect, enhance, interpret, fund, 

14 manage, and develop the natural, historic, 

15 cultural, scenic, and recreational resources 

16 of the Heritage Area; 

17 (iv) the management plan would not 

18 adversely affect any activities authorized on 

19 Federal land under applicable laws or land 

20 use plans; 

21 (v) the Secretary has received adequate 

22 assurances from the appropriate State, trib23 al, and local officials whose support is need24 ed to ensure the effective implementation of 
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† HR 146 EAS 

1 the State, tribal, and local aspects of the 

2 management plan; 

3 (vi) the local coordinating entity has 

4 demonstrated the financial capability, in 

5 partnership with others, to carry out the 

6 management plan; and 

7 (vii) the management plan dem8 onstrates partnerships among the local co9 ordinating entity, Federal, State, tribal, 

10 and local governments, regional planning 

11 organizations, nonprofit organizations, and 

12 private sector parties for implementation of 

13 the management plan. 

14 (D) DISAPPROVAL.— 

15 (i) IN GENERAL.—If the Secretary dis16 approves the management plan, the Sec17 retary— 

18 (I) shall advise the local coordi19 nating entity in writing of the reasons 

20 for the disapproval; and 

21 (II) may make recommendations 

22 to the local coordinating entity for re23 visions to the management plan. 

24 (ii) DEADLINE.—Not later than 180 

25 days after receiving a revised management 
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† HR 146 EAS 

1 plan, the Secretary shall approve or dis2 approve the revised management plan. 

3 (E) AMENDMENTS.— 

4 (i) IN GENERAL.—An amendment to 

5 the management plan that substantially al6 ters the purposes of the Heritage Area shall 

7 be reviewed by the Secretary and approved 

8 or disapproved in the same manner as the 

9 original management plan. 

10 (ii) IMPLEMENTATION.—The local co11 ordinating entity shall not use Federal 

12 funds authorized by this section to imple13 ment an amendment to the management 

14 plan until the Secretary approves the 

15 amendment. 

16 (F) AUTHORITIES.—The Secretary may— 

17 (i) provide technical assistance under 

18 the authority of this section for the develop19 ment and implementation of the manage20 ment plan; and 

21 (ii) enter into cooperative agreements 

22 with interested parties to carry out this sec23 tion. 

24 (f) DUTIES AND AUTHORITIES OF THE SECRETARY.— 

25 (1) TECHNICAL AND FINANCIAL ASSISTANCE.— 
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† HR 146 EAS 

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

2 local coordinating entity, the Secretary may pro3 vide technical and financial assistance, on a re4 imbursable or nonreimbursable basis (as deter5 mined by the Secretary), to the local coordi6 nating entity to develop and implement the 

7 management plan. 

8 (B) COOPERATIVE AGREEMENTS.—The Sec9 retary may enter into cooperative agreements 

10 with the local coordinating entity and other pub11 lic or private entities to provide technical or fi12 nancial assistance under subparagraph (A). 

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 (j), the Secretary shall— 

18 (i) conduct an evaluation of the accom19 plishments of the Heritage Area; and 

20 (ii) prepare a report with rec21 ommendations for the future role of the Na22 tional Park Service, if any, with respect to 

23 the Heritage Area, in accordance with sub24 paragraph (C). 
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† HR 146 EAS 

1 (B) EVALUATION.—An evaluation conducted 

2 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; and 

7 (II) achieving the goals and objec8 tives of the approved management plan 

9 for the Heritage Area; 

10 (ii) analyze the Federal, State, tribal, 

11 local, and private investments in the Herit12 age Area to determine the leverage and im13 pact of the investments; and 

14 (iii) review the management structure, 

15 partnership relationships, and funding of 

16 the Heritage Area for purposes of identi17 fying the critical components for sustain18 ability of the Heritage Area. 

19 (C) REPORT.— 

20 (i) IN GENERAL.—Based on the evalua21 tion conducted under subparagraph (A)(i), 

22 the Secretary shall prepare a report that in23 cludes recommendations for the future role 

24 of the National Park Service, if any, with 

25 respect to the Heritage Area. 
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† HR 146 EAS 

1 (ii) REQUIRED ANALYSIS.—If the re2 port prepared under this subparagraph rec3 ommends that Federal funding for the Her4 itage Area be reauthorized, the report shall 

5 include an analysis of— 

6 (I) ways in which Federal fund7 ing for the Heritage Area may be re8 duced or eliminated; and 

9 (II) the appropriate time period 

10 necessary to achieve the recommended 

11 reduction or elimination. 

12 (iii) SUBMISSION TO CONGRESS.—On 

13 completion of a report under this subpara14 graph, the Secretary shall submit the report 

15 to— 

16 (I) the Committee on Energy and 

17 Natural Resources of the Senate; and 

18 (II) the Committee on Natural 

19 Resources of the House of Representa20 tives. 

21 (g) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 

22 (1) IN GENERAL.—Nothing in this section affects 

23 the authority of a Federal agency to provide technical 

24 or financial assistance under any other law. 
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† HR 146 EAS 

1 (2) CONSULTATION AND COORDINATION.—To the 

2 maximum extent practicable, the head of any Federal 

3 agency planning to conduct activities that may have 

4 an impact on the Heritage Area is encouraged to con5 sult and coordinate the activities with the Secretary 

6 and the local coordinating entity to the maximum ex7 tent practicable. 

8 (3) OTHER FEDERAL AGENCIES.—Nothing in 

9 this section— 

10 (A) modifies, alters, or amends any laws 

11 (including regulations) authorizing a Federal 

12 agency to manage Federal land under the juris13 diction of the Federal agency; 

14 (B) limits the discretion of a Federal land 

15 manager to implement an approved land use 

16 plan within the boundaries of the Heritage Area; 

17 or 

18 (C) modifies, alters, or amends any author19 ized use of Federal land under the jurisdiction of 

20 a Federal agency. 

21 (h) PROPERTY OWNERS AND REGULATORY PROTEC22 TIONS.—Nothing in this section— 

23 (1) abridges the rights of any owner of public or 

24 private property, including the right to refrain from 
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† HR 146 EAS 

1 participating in any plan, project, program, or activ2 ity conducted within the Heritage Area; 

3 (2) requires any property owner to— 

4 (A) permit public access (including Federal, 

5 tribal, State, or local government access) to the 

6 property; or 

7 (B) modify any provisions of Federal, trib8 al, State, or local law with regard to public ac9 cess or use of private land; 

10 (3) alters any duly adopted land use regulations, 

11 approved land use plan, or any other regulatory au12 thority of any Federal, State, or local agency, or trib13 al government; 

14 (4) conveys any land use or other regulatory au15 thority to the local coordinating entity; 

16 (5) authorizes or implies the reservation or ap17 propriation of water or water rights; 

18 (6) diminishes the authority of the State to man19 age fish and wildlife, including the regulation of fish20 ing and hunting within the Heritage Area; or 

21 (7) creates any liability, or affects any liability 

22 under any other law, of any private property owner 

23 with respect to any person injured on the private 

24 property. 

25 (i) AUTHORIZATION OF APPROPRIATIONS.— 
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† HR 146 EAS 

1 (1) IN GENERAL.—There is authorized to be ap2 propriated to carry out this section $10,000,000, of 

3 which not more than $1,000,000 may be made avail4 able for any fiscal year. 

5 (2) AVAILABILITY.—Funds made available under 

6 paragraph (1) shall remain available until expended. 

7 (3) COST-SHARING REQUIREMENT.— 

8 (A) IN GENERAL.—The Federal share of the 

9 total cost of any activity under this section shall 

10 be not more than 50 percent. 

11 (B) FORM.—The non-Federal contribution 

12 may be in the form of in-kind contributions of 

13 goods or services fairly valued. 

14 (4) USE OF FEDERAL FUNDS FROM OTHER

15 SOURCES.—Nothing in this section precludes the local 

16 coordinating entity from using Federal funds avail17 able under provisions of law other than this section 

18 for the purposes for which those funds were author19 ized. 

20 (j) TERMINATION OF EFFECTIVENESS.—The authority 

21 of the Secretary to provide financial assistance under this 

22 section terminates on the date that is 15 years after the 

23 date of enactment of this Act. 
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† HR 146 EAS 

1 SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL 

2 HERITAGE AREA, ALASKA. 

3 (a) DEFINITIONS.—In this section: 

4 (1) HERITAGE AREA.—The term ‘‘Heritage 

5 Area’’ means the Kenai Mountains-Turnagain Arm 

6 National Heritage Area established by subsection 

7 (b)(1). 

8 (2) LOCAL COORDINATING ENTITY.—The term 

9 ‘‘local coordinating entity’’ means the Kenai Moun10 tains-Turnagain Arm Corridor Communities Associa11 tion. 

12 (3) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means the plan prepared by the local co14 ordinating entity for the Heritage Area that specifies 

15 actions, policies, strategies, performance goals, and 

16 recommendations to meet the goals of the Heritage 

17 Area, in accordance with this section. 

18 (4) MAP.—The term ‘‘map’’ means the map enti19 tled ‘‘Proposed Kenai Mountains-Turnagain Arm 

20 NHA’’ and dated August 7, 2007. 

21 (5) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior. 

23 (b) DESIGNATION OF THE KENAI MOUNTAINS24 TURNAGAIN ARM NATIONAL HERITAGE AREA.— 
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† HR 146 EAS 

1 (1) ESTABLISHMENT.—There is established the 

2 Kenai Mountains-Turnagain Arm National Heritage 

3 Area. 

4 (2) BOUNDARIES.—The Heritage Area shall be 

5 comprised of the land in the Kenai Mountains and 

6 upper Turnagain Arm region, as generally depicted 

7 on the map. 

8 (3) AVAILABILITY OF MAP.—The map shall be on 

9 file and available for public inspection in— 

10 (A) the appropriate offices of the Forest 

11 Service, Chugach National Forest; 

12 (B) the Alaska Regional Office of the Na13 tional Park Service; and 

14 (C) the office of the Alaska State Historic 

15 Preservation Officer. 

16 (c) MANAGEMENT PLAN.— 

17 (1) LOCAL COORDINATING ENTITY.—The local co18 ordinating entity, in partnership with other inter19 ested parties, shall develop a management plan for the 

20 Heritage Area in accordance with this section. 

21 (2) REQUIREMENTS.—The management plan for 

22 the Heritage Area shall— 

23 (A) describe comprehensive policies, goals, 

24 strategies, and recommendations for use in— 
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† HR 146 EAS 

1 (i) telling the story of the heritage of 

2 the area covered by the Heritage Area; and 

3 (ii) encouraging long-term resource 

4 protection, enhancement, interpretation, 

5 funding, management, and development of 

6 the Heritage Area; 

7 (B) include a description of actions and 

8 commitments that the Federal Government, 

9 State, tribal, and local governments, private or10 ganizations, and citizens will take to protect, en11 hance, interpret, fund, manage, and develop the 

12 natural, historical, cultural, educational, scenic, 

13 and recreational resources of the Heritage Area; 

14 (C) specify existing and potential sources of 

15 funding or economic development strategies to 

16 protect, enhance, interpret, fund, manage, and 

17 develop the Heritage Area; 

18 (D) include an inventory of the natural, 

19 historical, cultural, educational, scenic, and rec20 reational resources of the Heritage Area relating 

21 to the national importance and themes of the 

22 Heritage Area that should be protected, en23 hanced, interpreted, managed, funded, and devel24 oped; 
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† HR 146 EAS 

1 (E) recommend policies and strategies for 

2 resource management, including the development 

3 of intergovernmental and interagency agreements 

4 to protect, enhance, interpret, fund, manage, and 

5 develop the natural, historical, cultural, edu6 cational, scenic, and recreational resources of the 

7 Heritage Area; 

8 (F) describe a program for implementation 

9 for the management plan, including— 

10 (i) performance goals; 

11 (ii) plans for resource protection, en12 hancement, interpretation, funding, man13 agement, and development; and 

14 (iii) specific commitments for imple15 mentation that have been made by the local 

16 coordinating entity or any Federal, State, 

17 tribal, or local government agency, organi18 zation, business, or individual; 

19 (G) include an analysis of, and rec20 ommendations for, means by which Federal, 

21 State, tribal, and local programs may best be co22 ordinated (including the role of the National 

23 Park Service, the Forest Service, and other Fed24 eral agencies associated with the Heritage Area) 

25 to further the purposes of this section; and 
765 

† HR 146 EAS 

1 (H) include a business plan that— 

2 (i) describes the role, operation, financ3 ing, and functions of the local coordinating 

4 entity and each of the major activities con5 tained in the management plan; and 

6 (ii) provides adequate assurances that 

7 the local coordinating entity has the part8 nerships and financial and other resources 

9 necessary to implement the management 

10 plan for the Heritage Area. 

11 (3) DEADLINE.— 

12 (A) IN GENERAL.—Not later than 3 years 

13 after the date on which funds are first made 

14 available to develop the management plan after 

15 the date of enactment of this Act, the local co16 ordinating entity shall submit the management 

17 plan to the Secretary for approval. 

18 (B) TERMINATION OF FUNDING.—If the 

19 management plan is not submitted to the Sec20 retary in accordance with subparagraph (A), the 

21 local coordinating entity shall not qualify for 

22 any additional financial assistance under this 

23 section until such time as the management plan 

24 is submitted to and approved by the Secretary. 

25 (4) APPROVAL OF MANAGEMENT PLAN.— 
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† HR 146 EAS 

1 (A) REVIEW.—Not later than 180 days after 

2 receiving the management plan under paragraph 

3 (3), the Secretary shall review and approve or 

4 disapprove the management plan for a Heritage 

5 Area on the basis of the criteria established 

6 under subparagraph (C). 

7 (B) CONSULTATION.—The Secretary shall 

8 consult with the Governor of the State in which 

9 the Heritage Area is located before approving a 

10 management plan for the Heritage Area. 

11 (C) CRITERIA FOR APPROVAL.—In deter12 mining whether to approve a management plan 

13 for the Heritage Area, the Secretary shall con14 sider whether— 

15 (i) the local coordinating entity rep16 resents the diverse interests of the Heritage 

17 Area, including the Federal Government, 

18 State, tribal, and local governments, nat19 ural and historical resource protection orga20 nizations, educational institutions, busi21 nesses, recreational organizations, commu22 nity residents, and private property owners; 

23 (ii) the local coordinating entity— 

24 (I) has afforded adequate oppor25 tunity for public and Federal, State, 
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† HR 146 EAS 

1 tribal, and local governmental involve2 ment (including through workshops 

3 and hearings) in the preparation of the 

4 management plan; and 

5 (II) provides for at least semi6 annual public meetings to ensure ade7 quate implementation of the manage8 ment plan; 

9 (iii) the resource protection, enhance10 ment, interpretation, funding, management, 

11 and development strategies described in the 

12 management plan, if implemented, would 

13 adequately protect, enhance, interpret, fund, 

14 manage, and develop the natural, historical, 

15 cultural, educational, scenic, and rec16 reational resources of the Heritage Area; 

17 (iv) the management plan would not 

18 adversely affect any activities authorized on 

19 Federal land under public land laws or 

20 land use plans; 

21 (v) the local coordinating entity has 

22 demonstrated the financial capability, in 

23 partnership with other interested parties, to 

24 carry out the plan; 
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† HR 146 EAS 

1 (vi) 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 imple5 mentation of the State, tribal, and local ele6 ments of the management plan; and 

7 (vii) the management plan dem8 onstrates partnerships among the local co9 ordinating entity, Federal Government, 

10 State, tribal, and local governments, re11 gional planning organizations, nonprofit 

12 organizations, or private sector parties for 

13 implementation of the management plan. 

14 (D) DISAPPROVAL.— 

15 (i) IN GENERAL.—If the Secretary dis16 approves the management plan, the Sec17 retary— 

18 (I) shall advise the local coordi19 nating entity in writing of the reasons 

20 for the disapproval; and 

21 (II) may make recommendations 

22 to the local coordinating entity for re23 visions to the management plan. 

24 (ii) DEADLINE.—Not later than 180 

25 days after receiving a revised management 
769 

† HR 146 EAS 

1 plan, the Secretary shall approve or dis2 approve the revised management plan. 

3 (E) AMENDMENTS.— 

4 (i) IN GENERAL.—An amendment to 

5 the management plan that substantially al6 ters the purposes of the Heritage Area shall 

7 be reviewed by the Secretary and approved 

8 or disapproved in the same manner as the 

9 original management plan. 

10 (ii) IMPLEMENTATION.—The local co11 ordinating entity shall not use Federal 

12 funds authorized by this section to imple13 ment an amendment to the management 

14 plan until the Secretary approves the 

15 amendment. 

16 (F) AUTHORITIES.—The Secretary may— 

17 (i) provide technical assistance under 

18 the authority of this section for the develop19 ment and implementation of the manage20 ment plan; and 

21 (ii) enter into cooperative agreements 

22 with interested parties to carry out this sec23 tion. 

24 (d) EVALUATION; REPORT.— 
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† HR 146 EAS 

1 (1) IN GENERAL.—Not later than 3 years before 

2 the date on which authority for Federal funding ter3 minates for the Heritage Area under this section, the 

4 Secretary shall— 

5 (A) conduct an evaluation of the accom6 plishments of the Heritage Area; and 

7 (B) prepare a report in accordance with 

8 paragraph (3). 

9 (2) EVALUATION.—An evaluation conducted 

10 under paragraph (1)(A) shall— 

11 (A) assess the progress of the local coordi12 nating entity with respect to— 

13 (i) accomplishing the purposes of the 

14 authorizing legislation for the Heritage 

15 Area; and 

16 (ii) achieving the goals and objectives 

17 of the approved management plan for the 

18 Heritage Area; 

19 (B) analyze the Federal, State, tribal, local, 

20 and private investments in the Heritage Area to 

21 determine the impact of the investments; and 

22 (C) review the management structure, part23 nership relationships, and funding of the Herit24 age Area for purposes of identifying the critical 
771 

† HR 146 EAS 

1 components for sustainability of the Heritage 

2 Area. 

3 (3) REPORT.—Based on the evaluation conducted 

4 under paragraph (1)(A), the Secretary shall submit to 

5 the Committee on Energy and Natural Resources of 

6 the Senate and the Committee on Natural Resources 

7 of the House of Representatives a report that includes 

8 recommendations for the future role of the National 

9 Park Service, if any, with respect to the Heritage 

10 Area. 

11 (e) LOCAL COORDINATING ENTITY.— 

12 (1) DUTIES.—To further the purposes of the 

13 Heritage Area, in addition to developing the manage14 ment plan for the Heritage Area under subsection (c), 

15 the local coordinating entity shall— 

16 (A) serve to facilitate and expedite the im17 plementation of projects and programs among 

18 diverse partners in the Heritage Area; 

19 (B) submit an annual report to the Sec20 retary for each fiscal year for which the local co21 ordinating entity receives Federal funds under 

22 this section, specifying— 

23 (i) the specific performance goals and 

24 accomplishments of the local coordinating 

25 entity; 
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† HR 146 EAS 

1 (ii) the expenses and income of the 

2 local coordinating entity; 

3 (iii) the amounts and sources of 

4 matching funds; 

5 (iv) the amounts leveraged with Fed6 eral funds and sources of the leveraging; 

7 and 

8 (v) grants made to any other entities 

9 during the fiscal year; 

10 (C) make available for audit for each fiscal 

11 year for which the local coordinating entity re12 ceives Federal funds under this section, all infor13 mation pertaining to the expenditure of the 

14 funds and any matching funds; and 

15 (D) encourage economic viability and sus16 tainability that is consistent with the purposes of 

17 the Heritage Area. 

18 (2) AUTHORITIES.—For the purpose of pre19 paring and implementing the approved management 

20 plan for the Heritage Area under subsection (c), the 

21 local coordinating entity may use Federal funds made 

22 available under this section— 

23 (A) to make grants to political jurisdictions, 

24 nonprofit organizations, and other parties with25 in the Heritage Area; 
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† HR 146 EAS 

1 (B) to enter into cooperative agreements 

2 with or provide technical assistance to political 

3 jurisdictions, nonprofit organizations, Federal 

4 agencies, and other interested parties; 

5 (C) to hire and compensate staff, including 

6 individuals with expertise in— 

7 (i) natural, historical, cultural, edu8 cational, scenic, and recreational resource 

9 conservation; 

10 (ii) economic and community develop11 ment; and 

12 (iii) heritage planning; 

13 (D) to obtain funds or services from any 

14 source, including other Federal programs; 

15 (E) to enter into contracts for goods or serv16 ices; and 

17 (F) to support activities of partners and 

18 any other activities that further the purposes of 

19 the Heritage Area and are consistent with the 

20 approved management plan. 

21 (3) PROHIBITION ON ACQUISITION OF REAL

22 PROPERTY.—The local coordinating entity may not 

23 use Federal funds authorized under this section to ac24 quire any interest in real property. 

25 (f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— 
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1 (1) IN GENERAL.—Nothing in this section affects 

2 the authority of a Federal agency to provide technical 

3 or financial assistance under any other provision of 

4 law. 

5 (2) CONSULTATION AND COORDINATION.—The 

6 head of any Federal agency planning to conduct ac7 tivities that may have an impact on a Heritage Area 

8 is encouraged to consult and coordinate the activities 

9 with the Secretary and the local coordinating entity, 

10 to the maximum extent practicable. 

11 (3) OTHER FEDERAL AGENCIES.—Nothing in 

12 this section— 

13 (A) modifies, alters, or amends any law (in14 cluding a regulation) 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 a Heritage Area; 

20 or 

21 (C) modifies, alters, or amends any author22 ized use of Federal land under the jurisdiction of 

23 a Federal agency. 

24 (g) PRIVATE PROPERTY AND REGULATORY PROTEC25 TIONS.—Nothing in this section— 
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1 (1) abridges the rights of any property owner 

2 (whether public or private), including the right to re3 frain from participating in any plan, project, pro4 gram, or activity conducted within the Heritage Area; 

5 (2) requires any property owner to permit public 

6 access (including access by Federal, State, tribal, or 

7 local agencies) to the property of the property owner, 

8 or to modify public access or use of property of the 

9 property owner under any other Federal, State, trib10 al, or local law; 

11 (3) alters any duly adopted land use regulation, 

12 approved land use plan, or other regulatory authority 

13 (such as the authority to make safety improvements 

14 or increase the capacity of existing roads or to con15 struct new roads) of any Federal, State, tribal, or 

16 local agency, or conveys any land use or other regu17 latory authority to any local coordinating entity, in18 cluding development and management of energy or 

19 water or water-related infrastructure; 

20 (4) authorizes or implies the reservation or ap21 propriation of water or water rights; 

22 (5) diminishes the authority of any State to 

23 manage fish and wildlife, including the regulation of 

24 fishing and hunting within the Heritage Area; or 
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1 (6) creates any liability, or affects any liability 

2 under any other law, of any private property owner 

3 with respect to any person injured on the private 

4 property. 

5 (h) FUNDING.— 

6 (1) AUTHORIZATION OF APPROPRIATIONS.—Sub7 ject to paragraph (2), there is authorized to be appro8 priated to carry out this section $1,000,000 for each 

9 fiscal year, to remain available until expended. 

10 (2) LIMITATION ON TOTAL AMOUNTS APPRO11 PRIATED.—Not more than a total of $10,000,000 may 

12 be made available to carry out this section. 

13 (3) COST-SHARING.— 

14 (A) IN GENERAL.—The Federal share of the 

15 total cost of any activity carried out under this 

16 section shall not exceed 50 percent. 

17 (B) FORM OF NON-FEDERAL SHARE.—The 

18 non-Federal share of the cost of any activity car19 ried out under this section may be provided in 

20 the form of in-kind contributions of goods or 

21 services fairly valued. 

22 (i) TERMINATION OF AUTHORITY.—The authority of 

23 the Secretary to provide financial assistance under this sec24 tion terminates on the date that is 15 years after the date 

25 of enactment of this Act. 
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1 Subtitle B—Studies 

2 SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEOR3 GIA. 

4 (a) DEFINITIONS.—In this section: 

5 (1) CORRIDOR.—The term ‘‘Corridor’’ means the 

6 Chattahoochee Trace National Heritage Corridor. 

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

8 the Secretary of the Interior. 

9 (3) STUDY AREA.—The term ‘‘study area’’ means 

10 the study area described in subsection (b)(2). 

11 (b) STUDY.— 

12 (1) IN GENERAL.—The Secretary, in consultation 

13 with State historic preservation officers, State histor14 ical societies, State tourism offices, and other appro15 priate organizations or agencies, shall conduct a 

16 study to assess the suitability and feasibility of desig17 nating the study area as the Chattahoochee Trace Na18 tional Heritage Corridor. 

19 (2) STUDY AREA.—The study area includes— 

20 (A) the portion of the Apalachicola-Chat21 tahoochee-Flint River Basin and surrounding 

22 areas, as generally depicted on the map entitled 

23 ‘‘Chattahoochee Trace National Heritage Cor24 ridor, Alabama/Georgia’’, numbered T05/80000, 

25 and dated July 2007; and 
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1 (B) any other areas in the State of Ala2 bama or Georgia that— 

3 (i) have heritage aspects that are simi4 lar to the areas depicted on the map de5 scribed in subparagraph (A); and 

6 (ii) are adjacent to, or in the vicinity 

7 of, those areas. 

8 (3) REQUIREMENTS.—The study shall include 

9 analysis, documentation, and determinations on 

10 whether the study area— 

11 (A) has an assemblage of natural, historic, 

12 and cultural resources that— 

13 (i) represent distinctive aspects of the 

14 heritage of the United States; 

15 (ii) are worthy of recognition, con16 servation, interpretation, and continuing 

17 use; and 

18 (iii) would be best managed— 

19 (I) through partnerships among 

20 public and private entities; and 

21 (II) by linking diverse and some22 times noncontiguous resources and ac23 tive communities; 
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1 (B) reflects traditions, customs, beliefs, and 

2 folklife that are a valuable part of the story of 

3 the United States; 

4 (C) provides— 

5 (i) outstanding opportunities to con6 serve natural, historic, cultural, or scenic 

7 features; and 

8 (ii) outstanding recreational and edu9 cational opportunities; 

10 (D) contains resources that— 

11 (i) are important to any identified 

12 themes of the study area; and 

13 (ii) retain a degree of integrity capable 

14 of supporting interpretation; 

15 (E) includes residents, business interests, 

16 nonprofit organizations, and State and local 

17 governments that— 

18 (i) are involved in the planning of the 

19 Corridor; 

20 (ii) have developed a conceptual finan21 cial plan that outlines the roles of all par22 ticipants in the Corridor, including the 

23 Federal Government; and 

24 (iii) have demonstrated support for the 

25 designation of the Corridor; 
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1 (F) has a potential management entity to 

2 work in partnership with the individuals and 

3 entities described in subparagraph (E) to develop 

4 the Corridor while encouraging State and local 

5 economic activity; and 

6 (G) has a conceptual boundary map that is 

7 supported by the public. 

8 (c) REPORT.—Not later than the 3rd fiscal year after 

9 the date on which funds are first made available to carry 

10 out this section, the Secretary shall submit to the Committee 

11 on Natural Resources of the House of Representatives and 

12 the Committee on Energy and Natural Resources of the Sen13 ate a report that describes— 

14 (1) the findings of the study; and 

15 (2) any conclusions and recommendations of the 

16 Secretary. 

17 SEC. 8102. NORTHERN NECK, VIRGINIA. 

18 (a) DEFINITIONS.—In this section: 

19 (1) PROPOSED HERITAGE AREA.—The term 

20 ‘‘proposed Heritage Area’’ means the proposed North21 ern Neck National Heritage Area. 

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

23 of Virginia. 

24 (3) STUDY AREA.—The term ‘‘study area’’ means 

25 the area that is comprised of— 
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1 (A) the area of land located between the Po2 tomac and Rappahannock rivers of the eastern 

3 coastal region of the State; 

4 (B) Westmoreland, Northumberland, Rich5 mond, King George, and Lancaster Counties of 

6 the State; and 

7 (C) any other area that— 

8 (i) has heritage aspects that are simi9 lar to the heritage aspects of the areas de10 scribed in subparagraph (A) or (B); and 

11 (ii) is located adjacent to, or in the vi12 cinity of, those areas. 

13 (b) STUDY.— 

14 (1) IN GENERAL.—In accordance with para15 graphs (2) and (3), the Secretary, in consultation 

16 with appropriate State historic preservation officers, 

17 State historical societies, and other appropriate orga18 nizations, shall conduct a study to determine the suit19 ability and feasibility of designating the study area 

20 as the Northern Neck National Heritage Area. 

21 (2) REQUIREMENTS.—The study shall include 

22 analysis, documentation, and determinations on 

23 whether the study area— 

24 (A) has an assemblage of natural, historical, 

25 cultural, educational, scenic, or recreational re-
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1 sources that together are nationally important to 

2 the heritage of the United States; 

3 (B) represents distinctive aspects of the her4 itage of the United States worthy of recognition, 

5 conservation, interpretation, and continuing use; 

6 (C) is best managed as such an assemblage 

7 through partnerships among public and private 

8 entities at the local or regional level; 

9 (D) reflects traditions, customs, beliefs, and 

10 folklife that are a valuable part of the heritage 

11 of the United States; 

12 (E) provides outstanding opportunities to 

13 conserve natural, historical, cultural, or scenic 

14 features; 

15 (F) provides outstanding recreational or 

16 educational opportunities; 

17 (G) contains resources and has traditional 

18 uses that have national importance; 

19 (H) includes residents, business interests, 

20 nonprofit organizations, and appropriate Fed21 eral agencies and State and local governments 

22 that are involved in the planning of, and have 

23 demonstrated significant support for, the des24 ignation and management of the proposed Herit25 age Area; 
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1 (I) has a proposed local coordinating entity 

2 that is responsible for preparing and imple3 menting the management plan developed for the 

4 proposed Heritage Area; 

5 (J) with respect to the designation of the 

6 study area, has the support of the proposed local 

7 coordinating entity and appropriate Federal 

8 agencies and State and local governments, each 

9 of which has documented the commitment of the 

10 entity to work in partnership with each other en11 tity to protect, enhance, interpret, fund, manage, 

12 and develop the resources located in the study 

13 area; 

14 (K) through the proposed local coordinating 

15 entity, has developed a conceptual financial plan 

16 that outlines the roles of all participants (includ17 ing the Federal Government) in the management 

18 of the proposed Heritage Area; 

19 (L) has a proposal that is consistent with 

20 continued economic activity within the area; and 

21 (M) has a conceptual boundary map that is 

22 supported by the public and appropriate Federal 

23 agencies. 
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1 (3) ADDITIONAL CONSULTATION REQUIRE2 MENT.—In conducting the study under paragraph 

3 (1), the Secretary shall— 

4 (A) consult with the managers of any Fed5 eral land located within the study area; and 

6 (B) before making any determination with 

7 respect to the designation of the study area, se8 cure the concurrence of each manager with re9 spect to each finding of the study. 

10 (c) DETERMINATION.— 

11 (1) IN GENERAL.—The Secretary, in consultation 

12 with the Governor of the State, shall review, comment 

13 on, and determine if the study area meets each re14 quirement described in subsection (b)(2) for designa15 tion as a national heritage area. 

16 (2) REPORT.— 

17 (A) IN GENERAL.—Not later than 3 fiscal 

18 years after the date on which funds are first 

19 made available to carry out the study, the Sec20 retary shall submit a report describing the find21 ings, conclusions, and recommendations of the 

22 study to— 

23 (i) the Committee on Energy and Nat24 ural Resources of the Senate; and 
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1 (ii) the Committee on Natural Re2 sources of the House of Representatives. 

3 (B) REQUIREMENTS.— 

4 (i) IN GENERAL.—The report shall con5 tain— 

6 (I) any comments that the Sec7 retary has received from the Governor 

8 of the State relating to the designation 

9 of the study area as a national herit10 age area; and 

11 (II) a finding as to whether the 

12 study area meets each requirement de13 scribed in subsection (b)(2) for des14 ignation as a national heritage area. 

15 (ii) DISAPPROVAL.—If the Secretary 

16 determines that the study area does not 

17 meet any requirement described in sub18 section (b)(2) for designation as a national 

19 heritage area, the Secretary shall include in 

20 the report a description of each reason for 

21 the determination. 
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1 Subtitle C—Amendments Relating 

2 to National Heritage Corridors 

3 SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY 

4 NATIONAL HERITAGE CORRIDOR. 

5 (a) TERMINATION OF AUTHORITY.—Section 106(b) of 

6 the Quinebaug and Shetucket Rivers Valley National Herit7 age Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 

8 103–449) is amended by striking ‘‘September 30, 2009’’ and 

9 inserting ‘‘September 30, 2015’’. 

10 (b) EVALUATION; REPORT.—Section 106 of the 

11 Quinebaug and Shetucket Rivers Valley National Heritage 

12 Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 103– 

13 449) is amended by adding at the end the following: 

14 ‘‘(c) EVALUATION; REPORT.— 

15 ‘‘(1) IN GENERAL.—Not later than 3 years before 

16 the date on which authority for Federal funding ter17 minates for the Corridor, the Secretary shall— 

18 ‘‘(A) conduct an evaluation of the accom19 plishments of the Corridor; and 

20 ‘‘(B) prepare a report in accordance with 

21 paragraph (3). 

22 ‘‘(2) EVALUATION.—An evaluation conducted 

23 under paragraph (1)(A) shall— 

24 ‘‘(A) assess the progress of the management 

25 entity with respect to— 
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1 ‘‘(i) accomplishing the purposes of this 

2 title for the Corridor; and 

3 ‘‘(ii) achieving the goals and objectives 

4 of the management plan for the Corridor; 

5 ‘‘(B) analyze the Federal, State, local, and 

6 private investments in the Corridor to determine 

7 the leverage and impact of the investments; and 

8 ‘‘(C) review the management structure, 

9 partnership relationships, and funding of the 

10 Corridor for purposes of identifying the critical 

11 components for sustainability of the Corridor. 

12 ‘‘(3) REPORT.— 

13 ‘‘(A) IN GENERAL.—Based on the evalua14 tion conducted under paragraph (1)(A), the Sec15 retary shall prepare a report that includes rec16 ommendations for the future role of the National 

17 Park Service, if any, with respect to the Cor18 ridor. 

19 ‘‘(B) REQUIRED ANALYSIS.—If the report 

20 prepared under subparagraph (A) recommends 

21 that Federal funding for the Corridor be reau22 thorized, the report shall include an analysis 

23 of— 
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1 ‘‘(i) ways in which Federal funding for 

2 the Corridor may be reduced or eliminated; 

3 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 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 109(a) of the Quinebaug and Shetucket Rivers Valley Na16 tional Heritage Corridor Act of 1994 (16 U.S.C. 461 note; 

17 Public Law 103–449) is amended by striking 

18 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

19 SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE 

20 CORRIDOR. 

21 The Delaware and Lehigh National Heritage Corridor 

22 Act of 1988 (16 U.S.C. 461 note; Public Law 100–692) is 

23 amended— 

24 (1) in section 9— 
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1 (A) by striking ‘‘The Commission’’ and in2 serting the following: 

3 ‘‘(a) IN GENERAL.—The Commission’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(b) CORPORATION AS LOCAL COORDINATING ENTI6 TY.—Beginning on the date of enactment of the Omnibus 

7 Public Land Management Act of 2009, the Corporation 

8 shall be the local coordinating entity for the Corridor. 

9 ‘‘(c) IMPLEMENTATION OF MANAGEMENT PLAN.—The 

10 Corporation shall assume the duties of the Commission for 

11 the implementation of the Plan. 

12 ‘‘(d) USE OF FUNDS.—The Corporation may use Fed13 eral funds made available under this Act— 

14 ‘‘(1) to make grants to, and enter into coopera15 tive agreements with, the Federal Government, the 

16 Commonwealth, political subdivisions of the Common17 wealth, nonprofit organizations, and individuals; 

18 ‘‘(2) to hire, train, and compensate staff; and 

19 ‘‘(3) to enter into contracts for goods and serv20 ices. 

21 ‘‘(e) RESTRICTION ON USE OF FUNDS.—The Corpora22 tion may not use Federal funds made available under this 

23 Act to acquire land or an interest in land.’’; 

24 (2) in section 10— 
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1 (A) in the first sentence of subsection (c), by 

2 striking ‘‘shall assist the Commission’’ and in3 serting ‘‘shall, on the request of the Corporation, 

4 assist’’; 

5 (B) in subsection (d)— 

6 (i) by striking ‘‘Commission’’ each 

7 place it appears and inserting ‘‘Corpora8 tion’’; 

9 (ii) by striking ‘‘The Secretary’’ and 

10 inserting the following: 

11 ‘‘(1) IN GENERAL.—The Secretary’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec15 retary may enter into cooperative agreements with the 

16 Corporation and other public or private entities for 

17 the purpose of providing technical assistance and 

18 grants under paragraph (1). 

19 ‘‘(3) PRIORITY.—In providing assistance to the 

20 Corporation under paragraph (1), the Secretary shall 

21 give priority to activities that assist in— 

22 ‘‘(A) conserving the significant natural, his23 toric, cultural, and scenic resources of the Cor24 ridor; and 
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1 ‘‘(B) providing educational, interpretive, 

2 and recreational opportunities consistent with 

3 the purposes of the Corridor.’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(e) TRANSITION MEMORANDUM OF UNDER6 STANDING.—The Secretary shall enter into a memorandum 

7 of understanding with the Corporation to ensure— 

8 ‘‘(1) appropriate transition of management of 

9 the Corridor from the Commission to the Corporation; 

10 and 

11 ‘‘(2) coordination regarding the implementation 

12 of the Plan.’’; 

13 (3) in section 11, in the matter preceding para14 graph (1), by striking ‘‘directly affecting’’; 

15 (4) in section 12— 

16 (A) in subsection (a), by striking ‘‘Commis17 sion’’ each place it appears and inserting ‘‘Cor18 poration’’; 

19 (B) in subsection (c)(1), by striking ‘‘2007’’ 

20 and inserting ‘‘2012’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(d) TERMINATION OF ASSISTANCE.—The authority of 

23 the Secretary to provide financial assistance under this Act 

24 terminates on the date that is 5 years after the date of en25 actment of this subsection.’’; and 
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1 (5) in section 14— 

2 (A) by redesignating paragraphs (4), (5), 

3 and (6) as paragraphs (5), (6), and (7), respec4 tively; and 

5 (B) by inserting after paragraph (3) the fol6 lowing: 

7 ‘‘(4) the term ‘Corporation’ means the Delaware 

8 & Lehigh National Heritage Corridor, Incorporated, 

9 an organization described in section 501(c)(3), and 

10 exempt from Federal tax under section 501(a), of the 

11 Internal Revenue Code of 1986;’’. 

12 SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE COR13 RIDOR. 

14 The Erie Canalway National Heritage Corridor Act 

15 (16 U.S.C. 461 note; Public Law 106–554) is amended— 

16 (1) in section 804— 

17 (A) in subsection (b)— 

18 (i) in the matter preceding paragraph 

19 (1), by striking ‘‘27’’ and inserting ‘‘at least 

20 21 members, but not more than 27’’; 

21 (ii) in paragraph (2), by striking ‘‘En22 vironment’’ and inserting ‘‘Environ23 mental’’; and 

24 (iii) in paragraph (3)— 
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1 (I) in the matter preceding sub2 paragraph (A), by striking ‘‘19’’; 

3 (II) by striking subparagraph 

4 (A); 

5 (III) by redesignating subpara6 graphs (B) and (C) as subparagraphs 

7 (A) and (B), respectively; 

8 (IV) in subparagraph (B) (as re9 designated by subclause (III)), by 

10 striking the second sentence; and 

11 (V) by inserting after subpara12 graph (B) (as redesignated by sub13 clause (III)) the following: 

14 ‘‘(C) The remaining members shall be— 

15 ‘‘(i) appointed by the Secretary, based 

16 on recommendations from each member of 

17 the House of Representatives, the district of 

18 which encompasses the Corridor; and 

19 ‘‘(ii) persons that are residents of, or 

20 employed within, the applicable congres21 sional districts.’’; 

22 (B) in subsection (f), by striking ‘‘Fourteen 

23 members of the Commission’’ and inserting ‘‘A 

24 majority of the serving Commissioners’’; 
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1 (C) in subsection (g), by striking ‘‘14 of its 

2 members’’ and inserting ‘‘a majority of the serv3 ing Commissioners’’; 

4 (D) in subsection (h), by striking paragraph 

5 (4) and inserting the following: 

6 ‘‘(4)(A) to appoint any staff that may be nec7 essary to carry out the duties of the Commission, sub8 ject to the provisions of title 5, United States Code, 

9 relating to appointments in the competitive service; 

10 and 

11 ‘‘(B) to fix the compensation of the staff, in ac12 cordance with the provisions of chapter 51 and sub13 chapter III of chapter 53 of title 5, United States 

14 Code, relating to the classification of positions and 

15 General Schedule pay rates;’’; and 

16 (E) in subsection (j), by striking ‘‘10 years’’ 

17 and inserting ‘‘15 years’’; 

18 (2) in section 807— 

19 (A) in subsection (e), by striking ‘‘with re20 gard to the preparation and approval of the 

21 Canalway Plan’’; and 

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

23 ‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the avail24 ability of appropriations, the Superintendent of Saratoga 

25 National Historical Park may, on request, provide to public 
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1 and private organizations in the Corridor (including the 

2 Commission) any operational assistance that is appro3 priate to assist with the implementation of the Canalway 

4 Plan.’’; and 

5 (3) in section 810(a)(1), in the first sentence, by 

6 striking ‘‘any fiscal year’’ and inserting ‘‘any fiscal 

7 year, to remain available until expended’’. 

8 SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY 

9 NATIONAL HERITAGE CORRIDOR. 

10 Section 3(b)(2) of Public Law 99–647 (16 U.S.C. 461 

11 note; 100 Stat. 3626, 120 Stat. 1857) is amended— 

12 (1) by striking ‘‘shall be the the’’ and inserting 

13 ‘‘shall be the’’; and 

14 (2) by striking ‘‘Directors from Massachusetts 

15 and Rhode Island;’’ and inserting ‘‘Directors from 

16 Massachusetts and Rhode Island, ex officio, or their 

17 delegates;’’. 

18 Subtitle D—Effect of Title 

19 SEC. 8301. EFFECT ON ACCESS FOR RECREATIONAL ACTIVI20 TIES. 

21 Nothing in this title shall be construed as affecting ac22 cess for recreational activities otherwise allowed by law or 

23 regulation, including hunting, fishing, or trapping. 
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1 TITLE IX—BUREAU OF RECLAMA2 TION AUTHORIZATIONS 

3 Subtitle A—Feasibility Studies 

4 SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, 

5 IDAHO. 

6 (a) IN GENERAL.—The Secretary of the Interior, act7 ing through the Bureau of Reclamation, may conduct feasi8 bility studies on projects that address water shortages with9 in the Snake, Boise, and Payette River systems in the State 

10 of Idaho, and are considered appropriate for further study 

11 by the Bureau of Reclamation Boise Payette water storage 

12 assessment report issued during 2006. 

13 (b) BUREAU OF RECLAMATION.—A study conducted 

14 under this section shall comply with Bureau of Reclamation 

15 policy standards and guidelines for studies. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary of the Inte18 rior to carry out this section $3,000,000. 

19 (d) TERMINATION OF EFFECTIVENESS.—The authority 

20 provided by this section terminates on the date that is 10 

21 years after the date of enactment of this Act. 

22 SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA. 

23 (a) DEFINITIONS.—In this section: 

24 (1) APPRAISAL REPORT.—The term ‘‘appraisal 

25 report’’ means the appraisal report concerning the 
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1 augmentation alternatives for the Sierra Vista Sub2 watershed in the State of Arizona, dated June 2007 

3 and prepared by the Bureau of Reclamation. 

4 (2) PRINCIPLES AND GUIDELINES.—The term 

5 ‘‘principles and guidelines’’ means the report entitled 

6 ‘‘Economic and Environmental Principles and 

7 Guidelines for Water and Related Land Resources 

8 Implementation Studies’’ issued on March 10, 1983, 

9 by the Water Resources Council established under title 

10 I of the Water Resources Planning Act (42 U.S.C. 

11 1962a et seq.). 

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

13 the Secretary of the Interior. 

14 (b) SIERRA VISTA SUBWATERSHED FEASIBILITY

15 STUDY.— 

16 (1) STUDY.— 

17 (A) IN GENERAL.—In accordance with the 

18 reclamation laws and the principles and guide19 lines, the Secretary, acting through the Commis20 sioner of Reclamation, may complete a feasi21 bility study of alternatives to augment the water 

22 supplies within the Sierra Vista Subwatershed 

23 in the State of Arizona that are identified as ap24 propriate for further study in the appraisal re25 port. 
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1 (B) INCLUSIONS.—In evaluating the feasi2 bility of alternatives under subparagraph (A), 

3 the Secretary shall— 

4 (i) include— 

5 (I) any required environmental 

6 reviews; 

7 (II) the construction costs and 

8 projected operations, maintenance, and 

9 replacement costs for each alternative; 

10 and 

11 (III) the economic feasibility of 

12 each alternative; 

13 (ii) take into consideration the ability 

14 of Federal, tribal, State, and local govern15 ment sources and private sources to fund 

16 capital construction costs and annual oper17 ation, maintenance, energy, and replace18 ment costs; 

19 (iii) establish the basis for— 

20 (I) any cost-sharing allocations; 

21 and 

22 (II) anticipated repayment, if 

23 any, of Federal contributions; and 

24 (iv) perform a cost-benefit analysis. 

25 (2) COST SHARING REQUIREMENT.— 
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1 (A) IN GENERAL.—The Federal share of the 

2 total costs of the study under paragraph (1) shall 

3 not exceed 45 percent. 

4 (B) FORM OF NON-FEDERAL SHARE.—The 

5 non-Federal share required under subparagraph 

6 (A) may be in the form of any in-kind service 

7 that the Secretary determines would contribute 

8 substantially toward the conduct and completion 

9 of the study under paragraph (1). 

10 (3) STATEMENT OF CONGRESSIONAL INTENT RE11 LATING TO COMPLETION OF STUDY.—It is the intent 

12 of Congress that the Secretary complete the study 

13 under paragraph (1) by a date that is not later than 

14 30 months after the date of enactment of this Act. 

15 (4) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to the Sec17 retary to carry out this subsection $1,260,000. 

18 (c) WATER RIGHTS.—Nothing in this section affects— 

19 (1) any valid or vested water right in existence 

20 on the date of enactment of this Act; or 

21 (2) any application for water rights pending be22 fore the date of enactment of this Act. 

23 SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA. 

24 (a) FEASIBILITY STUDY, PROJECT DEVELOPMENT, 

25 COST SHARE.— 
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1 (1) IN GENERAL.—The Secretary of the Interior 

2 (hereinafter referred to as ‘‘Secretary’’), in consulta3 tion and cooperation with the City of San Diego and 

4 the Sweetwater Authority, is authorized to undertake 

5 a study to determine the feasibility of constructing a 

6 four reservoir intertie system to improve water stor7 age opportunities, water supply reliability, and water 

8 yield of the existing non-Federal water storage sys9 tem. The feasibility study shall document the Sec10 retary’s engineering, environmental, and economic in11 vestigation of the proposed reservoir and intertie 

12 project taking into consideration the range of poten13 tial solutions and the circumstances and needs of the 

14 area to be served by the proposed reservoir and 

15 intertie project, the potential benefits to the people of 

16 that service area, and improved operations of the pro17 posed reservoir and intertie system. The Secretary 

18 shall indicate in the feasibility report required under 

19 paragraph (4) whether the proposed reservoir and 

20 intertie project is recommended for construction. 

21 (2) FEDERAL COST SHARE.—The Federal share 

22 of the costs of the feasibility study shall not exceed 50 

23 percent of the total study costs. The Secretary may 

24 accept as part of the non-Federal cost share, any con25 tribution of such in-kind services by the City of San 
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1 Diego and the Sweetwater Authority that the Sec2 retary determines will contribute toward the conduct 

3 and completion of the study. 

4 (3) COOPERATION.—The Secretary shall consult 

5 and cooperate with appropriate State, regional, and 

6 local authorities in implementing this subsection. 

7 (4) FEASIBILITY REPORT.—The Secretary shall 

8 submit to Congress a feasibility report for the project 

9 the Secretary recommends, and to seek, as the Sec10 retary deems appropriate, specific authority to de11 velop and construct any recommended project. This 

12 report shall include— 

13 (A) good faith letters of intent by the City 

14 of San Diego and the Sweetwater Authority and 

15 its non-Federal partners to indicate that they 

16 have committed to share the allocated costs as de17 termined by the Secretary; and 

18 (B) a schedule identifying the annual oper19 ation, maintenance, and replacement costs that 

20 should be allocated to the City of San Diego and 

21 the Sweetwater Authority, as well as the current 

22 and expected financial capability to pay oper23 ation, maintenance, and replacement costs. 

24 (b) FEDERAL RECLAMATION PROJECTS.—Nothing in 

25 this section shall supersede or amend the provisions of Fed-
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1 eral Reclamation laws or laws associated with any project 

2 or any portion of any project constructed under any author3 ity of Federal Reclamation laws. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Secretary $3,000,000 

6 for the Federal cost share of the study authorized in sub7 section (a). 

8 (d) SUNSET.—The authority of the Secretary to carry 

9 out any provisions of this section shall terminate 10 years 

10 after the date of the enactment of this Act. 

11 Subtitle B—Project Authorizations 

12 SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CON13 SERVATION PROJECT, OREGON. 

14 (a) DEFINITIONS.—In this section: 

15 (1) DISTRICT.—The term ‘‘District’’ means the 

16 Tumalo Irrigation District, Oregon. 

17 (2) PROJECT.—The term ‘‘Project’’ means the 

18 Tumalo Irrigation District Water Conservation 

19 Project authorized under subsection (b)(1). 

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

21 the Secretary of the Interior. 

22 (b) AUTHORIZATION TO PLAN, DESIGN AND CON23 STRUCT THE TUMALO WATER CONSERVATION PROJECT.— 

24 (1) AUTHORIZATION.—The Secretary, in co25 operation with the District— 
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1 (A) may participate in the planning, de2 sign, and construction of the Tumalo Irrigation 

3 District Water Conservation Project in Deschutes 

4 County, Oregon; and 

5 (B) for purposes of planning and designing 

6 the Project, shall take into account any appro7 priate studies and reports prepared by the Dis8 trict. 

9 (2) COST-SHARING REQUIREMENT.— 

10 (A) FEDERAL SHARE.—The Federal share 

11 of the total cost of the Project shall be 25 percent, 

12 which shall be nonreimbursable to the United 

13 States. 

14 (B) CREDIT TOWARD NON-FEDERAL

15 SHARE.—The Secretary shall credit toward the 

16 non-Federal share of the Project any amounts 

17 that the District provides toward the design, 

18 planning, and construction before the date of en19 actment of this Act. 

20 (3) TITLE.—The District shall hold title to any 

21 facilities constructed under this section. 

22 (4) OPERATION AND MAINTENANCE COSTS.—The 

23 District shall pay the operation and maintenance 

24 costs of the Project. 
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1 (5) EFFECT.—Any assistance provided under 

2 this section shall not be considered to be a supple3 mental or additional benefit under Federal reclama4 tion law (the Act of June 17, 1902 (32 Stat. 388, 

5 chapter 1093), and Acts supplemental to and amend6 atory of that Act (43 U.S.C. 371 et seq.). 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Secretary for the Fed9 eral share of the cost of the Project $4,000,000. 

10 (d) TERMINATION OF AUTHORITY.—The authority of 

11 the Secretary to carry out this section shall expire on the 

12 date that is 10 years after the date of enactment of this 

13 Act. 

14 SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT 

15 PROJECT, CALIFORNIA. 

16 (a) DEFINITIONS.—In this section: 

17 (1) DISTRICT.—The term ‘‘District’’ means the 

18 Madera Irrigation District, Madera, California. 

19 (2) PROJECT.—The term ‘‘Project’’ means the 

20 Madera Water Supply Enhancement Project, a 

21 groundwater bank on the 13,646-acre Madera Ranch 

22 in Madera, California, owned, operated, maintained, 

23 and managed by the District that will plan, design, 

24 and construct recharge, recovery, and delivery systems 

25 able to store up to 250,000 acre-feet of water and re-
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1 cover up to 55,000 acre-feet of water per year, as sub2 stantially described in the California Environmental 

3 Quality Act, Final Environmental Impact Report for 

4 the Madera Irrigation District Water Supply En5 hancement Project, September 2005. 

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

7 the Secretary of the Interior. 

8 (4) TOTAL COST.—The term ‘‘total cost’’ means 

9 all reasonable costs, such as the planning, design, per10 mitting, and construction of the Project and the ac11 quisition costs of lands used or acquired by the Dis12 trict for the Project. 

13 (b) PROJECT FEASIBILITY.— 

14 (1) PROJECT FEASIBLE.—Pursuant to the Rec15 lamation Act of 1902 (32 Stat. 388) and Acts amend16 atory thereof and supplemental thereto, the Project is 

17 feasible and no further studies or actions regarding 

18 feasibility are necessary. 

19 (2) APPLICABILITY OF OTHER LAWS.—The Sec20 retary shall implement the authority provided in this 

21 section in accordance with all applicable Federal 

22 laws, including the National Environmental Policy 

23 Act of 1969 (42 U.S.C. 4321 et seq.) and the Endan24 gered Species Act of 1973 (7 U.S.C. 136; 16 U.S.C. 

25 460 et seq.). 
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1 (c) COOPERATIVE AGREEMENT.—All final planning 

2 and design and the construction of the Project authorized 

3 by this section shall be undertaken in accordance with a 

4 cooperative agreement between the Secretary and the Dis5 trict for the Project. Such cooperative agreement shall set 

6 forth in a manner acceptable to the Secretary and the Dis7 trict the responsibilities of the District for participating, 

8 which shall include— 

9 (1) engineering and design; 

10 (2) construction; and 

11 (3) the administration of contracts pertaining to 

12 any of the foregoing. 

13 (d) AUTHORIZATION FOR THE MADERA WATER SUP14 PLY AND ENHANCEMENT PROJECT.— 

15 (1) AUTHORIZATION OF CONSTRUCTION.—The 

16 Secretary, acting pursuant to the Federal reclamation 

17 laws (Act of June 17, 1902; 32 Stat. 388), and Acts 

18 amendatory thereof or supplementary thereto, is au19 thorized to enter into a cooperative agreement through 

20 the Bureau of Reclamation with the District for the 

21 support of the final design and construction of the 

22 Project. 

23 (2) TOTAL COST.—The total cost of the Project 

24 for the purposes of determining the Federal cost share 

25 shall not exceed $90,000,000. 
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1 (3) COST SHARE.—The Federal share of the cap2 ital costs of the Project shall be provided on a nonre3 imbursable basis and shall not exceed 25 percent of 

4 the total cost. Capital, planning, design, permitting, 

5 construction, and land acquisition costs incurred by 

6 the District prior to the date of the enactment of this 

7 Act shall be considered a portion of the non-Federal 

8 cost share. 

9 (4) CREDIT FOR NON-FEDERAL WORK.—The Dis10 trict shall receive credit toward the non-Federal share 

11 of the cost of the Project for— 

12 (A) in-kind services that the Secretary de13 termines would contribute substantially toward 

14 the completion of the project; 

15 (B) reasonable costs incurred by the District 

16 as a result of participation in the planning, de17 sign, permitting, and construction of the Project; 

18 and 

19 (C) the acquisition costs of lands used or ac20 quired by the District for the Project. 

21 (5) LIMITATION.—The Secretary shall not pro22 vide funds for the operation or maintenance of the 

23 Project authorized by this subsection. The operation, 

24 ownership, and maintenance of the Project shall be 

25 the sole responsibility of the District. 
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1 (6) PLANS AND ANALYSES CONSISTENT WITH

2 FEDERAL LAW.—Before obligating funds for design or 

3 construction under this subsection, the Secretary shall 

4 work cooperatively with the District to use, to the ex5 tent possible, plans, designs, and engineering and en6 vironmental analyses that have already been prepared 

7 by the District for the Project. The Secretary shall en8 sure that such information as is used is consistent 

9 with applicable Federal laws and regulations. 

10 (7) TITLE; RESPONSIBILITY; LIABILITY.—Noth11 ing in this subsection or the assistance provided 

12 under this subsection shall be construed to transfer 

13 title, responsibility, or liability related to the Project 

14 to the United States. 

15 (8) AUTHORIZATION OF APPROPRIATION.—There 

16 is authorized to be appropriated to the Secretary to 

17 carry out this subsection $22,500,000 or 25 percent of 

18 the total cost of the Project, whichever is less. 

19 (e) SUNSET.—The authority of the Secretary to carry 

20 out any provisions of this section shall terminate 10 years 

21 after the date of the enactment of this Act. 

22 SEC. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM 

23 PROJECT, NEW MEXICO. 

24 (a) DEFINITIONS.—In this section: 
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1 (1) AUTHORITY.—The term ‘‘Authority’’ means 

2 the Eastern New Mexico Rural Water Authority, an 

3 entity formed under State law for the purposes of 

4 planning, financing, developing, and operating the 

5 System. 

6 (2) ENGINEERING REPORT.—The term ‘‘engineer7 ing report’’ means the report entitled ‘‘Eastern New 

8 Mexico Rural Water System Preliminary Engineer9 ing Report’’ and dated October 2006. 

10 (3) PLAN.—The term ‘‘plan’’ means the oper11 ation, maintenance, and replacement plan required 

12 by subsection (c)(2). 

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

14 the Secretary of the Interior. 

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

16 of New Mexico. 

17 (6) SYSTEM.— 

18 (A) IN GENERAL.—The term ‘‘System’’ 

19 means the Eastern New Mexico Rural Water 

20 System, a water delivery project designed to de21 liver approximately 16,500 acre-feet of water per 

22 year from the Ute Reservoir to the cities of Clo23 vis, Elida, Grady, Melrose, Portales, and Texico 

24 and other locations in Curry, Roosevelt, and 

25 Quay Counties in the State. 
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1 (B) INCLUSIONS.—The term ‘‘System’’ in2 cludes the major components and associated in3 frastructure identified as the ‘‘Best Technical Al4 ternative’’ in the engineering report. 

5 (7) UTE RESERVOIR.—The term ‘‘Ute Reservoir’’ 

6 means the impoundment of water created in 1962 by 

7 the construction of the Ute Dam on the Canadian 

8 River, located approximately 32 miles upstream of 

9 the border between New Mexico and Texas. 

10 (b) EASTERN NEW MEXICO RURAL WATER SYSTEM.— 

11 (1) FINANCIAL ASSISTANCE.— 

12 (A) IN GENERAL.—The Secretary may pro13 vide financial and technical assistance to the 

14 Authority to assist in planning, designing, con15 ducting related preconstruction activities for, 

16 and constructing the System. 

17 (B) USE.— 

18 (i) IN GENERAL.—Any financial as19 sistance provided under subparagraph (A) 

20 shall be obligated and expended only in ac21 cordance with a cooperative agreement en22 tered into under subsection (d)(1)(B). 

23 (ii) LIMITATIONS.—Financial assist24 ance provided under clause (i) shall not be 

25 used— 
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1 (I) for any activity that is incon2 sistent with constructing the System; 

3 or 

4 (II) to plan or construct facilities 

5 used to supply irrigation water for ir6 rigated agricultural purposes. 

7 (2) COST-SHARING REQUIREMENT.— 

8 (A) IN GENERAL.—The Federal share of the 

9 total cost of any activity or construction carried 

10 out using amounts made available under this 

11 section shall be not more than 75 percent of the 

12 total cost of the System. 

13 (B) SYSTEM DEVELOPMENT COSTS.—For 

14 purposes of subparagraph (A), the total cost of 

15 the System shall include any costs incurred by 

16 the Authority or the State on or after October 1, 

17 2003, for the development of the System. 

18 (3) LIMITATION.—No amounts made available 

19 under this section may be used for the construction of 

20 the System until— 

21 (A) a plan is developed under subsection 

22 (c)(2); and 

23 (B) the Secretary and the Authority have 

24 complied with any requirements of the National 
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1 Environmental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.) applicable to the System. 

3 (4) TITLE TO PROJECT WORKS.—Title to the in4 frastructure of the System shall be held by the Author5 ity or as may otherwise be specified under State law. 

6 (c) OPERATION, MAINTENANCE, AND REPLACEMENT

7 COSTS.— 

8 (1) IN GENERAL.—The Authority shall be re9 sponsible for the annual operation, maintenance, and 

10 replacement costs associated with the System. 

11 (2) OPERATION, MAINTENANCE, AND REPLACE12 MENT PLAN.—The Authority, in consultation with the 

13 Secretary, shall develop an operation, maintenance, 

14 and replacement plan that establishes the rates and 

15 fees for beneficiaries of the System in the amount nec16 essary to ensure that the System is properly main17 tained and capable of delivering approximately 

18 16,500 acre-feet of water per year. 

19 (d) ADMINISTRATIVE PROVISIONS.— 

20 (1) COOPERATIVE AGREEMENTS.— 

21 (A) IN GENERAL.—The Secretary may enter 

22 into any contract, grant, cooperative agreement, 

23 or other agreement that is necessary to carry out 

24 this section. 
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1 (B) COOPERATIVE AGREEMENT FOR PROVI2 SION OF FINANCIAL ASSISTANCE.— 

3 (i) IN GENERAL.—The Secretary shall 

4 enter into a cooperative agreement with the 

5 Authority to provide financial assistance 

6 and any other assistance requested by the 

7 Authority for planning, design, related 

8 preconstruction activities, and construction 

9 of the System. 

10 (ii) REQUIREMENTS.—The cooperative 

11 agreement entered into under clause (i) 

12 shall, at a minimum, specify the respon13 sibilities of the Secretary and the Authority 

14 with respect to— 

15 (I) ensuring that the cost-share re16 quirements established by subsection 

17 (b)(2) are met; 

18 (II) completing the planning and 

19 final design of the System; 

20 (III) any environmental and cul21 tural resource compliance activities re22 quired for the System; and 

23 (IV) the construction of the Sys24 tem. 
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1 (2) TECHNICAL ASSISTANCE.—At the request of 

2 the Authority, the Secretary may provide to the Au3 thority any technical assistance that is necessary to 

4 assist the Authority in planning, designing, con5 structing, and operating the System. 

6 (3) BIOLOGICAL ASSESSMENT.—The Secretary 

7 shall consult with the New Mexico Interstate Stream 

8 Commission and the Authority in preparing any bio9 logical assessment under the Endangered Species Act 

10 of 1973 (16 U.S.C. 1531 et seq.) that may be required 

11 for planning and constructing the System. 

12 (4) EFFECT.—Nothing in this section— 

13 (A) affects or preempts— 

14 (i) State water law; or 

15 (ii) an interstate compact relating to 

16 the allocation of water; or 

17 (B) confers on any non-Federal entity the 

18 ability to exercise any Federal rights to— 

19 (i) the water of a stream; or 

20 (ii) any groundwater resource. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—In accordance with the ad23 justment carried out under paragraph (2), there is 

24 authorized to be appropriated to the Secretary to 
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1 carry out this section an amount not greater than 

2 $327,000,000. 

3 (2) ADJUSTMENT.—The amount made available 

4 under paragraph (1) shall be adjusted to reflect 

5 changes in construction costs occurring after January 

6 1, 2007, as indicated by engineering cost indices ap7 plicable to the types of construction necessary to carry 

8 out this section. 

9 (3) NONREIMBURSABLE AMOUNTS.—Amounts 

10 made available to the Authority in accordance with 

11 the cost-sharing requirement under subsection (b)(2) 

12 shall be nonreimbursable and nonreturnable to the 

13 United States. 

14 (4) AVAILABILITY OF FUNDS.—At the end of each 

15 fiscal year, any unexpended funds appropriated pur16 suant to this section shall be retained for use in fu17 ture fiscal years consistent with this section. 

18 SEC. 9104. RANCHO CALIFORNIA WATER DISTRICT 

19 PROJECT, CALIFORNIA. 

20 (a) IN GENERAL.—The Reclamation Wastewater and 

21 Groundwater Study and Facilities Act (Public Law 102– 

22 575, title XVI; 43 U.S.C. 390h et seq.) is amended by add23 ing at the end the following: 
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1 ‘‘SEC. 1649. RANCHO CALIFORNIA WATER DISTRICT 

2 PROJECT, CALIFORNIA. 

3 ‘‘(a) AUTHORIZATION.—The Secretary, in cooperation 

4 with the Rancho California Water District, California, may 

5 participate in the design, planning, and construction of 

6 permanent facilities for water recycling, demineralization, 

7 and desalination, and distribution of non-potable water 

8 supplies in Southern Riverside County, California. 

9 ‘‘(b) COST SHARING.—The Federal share of the cost of 

10 the project described in subsection (a) shall not exceed 25 

11 percent of the total cost of the project or $20,000,000, which12 ever is less. 

13 ‘‘(c) LIMITATION.—Funds provided by the Secretary 

14 under this section shall not be used for operation or mainte15 nance of the project described in subsection (a).’’. 

16 (b) CLERICAL AMENDMENT.—The table of items in sec17 tion 2 of Public Law 102–575 is amended by inserting after 

18 the last item the following: 

‘‘Sec. 1649. Rancho California Water District Project, California.’’. 

19 SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, 

20 COLORADO. 

21 (a) DEFINITIONS.—In this section: 

22 (1) ASSESSMENT.—The term ‘‘assessment’’ 

23 means the engineering document that is— 

24 (A) entitled ‘‘Jackson Gulch Inlet Canal 

25 Project, Jackson Gulch Outlet Canal Project, 
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1 Jackson Gulch Operations Facilities Project: 

2 Condition Assessment and Recommendations for 

3 Rehabilitation’’; 

4 (B) dated February 2004; and 

5 (C) on file with the Bureau of Reclamation. 

6 (2) DISTRICT.—The term ‘‘District’’ means the 

7 Mancos Water Conservancy District established under 

8 the Water Conservancy Act (Colo. Rev. Stat. 37–45– 

9 101 et seq.). 

10 (3) PROJECT.—The term ‘‘Project’’ means the 

11 Jackson Gulch rehabilitation project, a program for 

12 the rehabilitation of the Jackson Gulch Canal system 

13 and other infrastructure in the State, as described in 

14 the assessment. 

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

16 the Secretary of the Interior, acting through the Com17 missioner of Reclamation. 

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

19 of Colorado. 

20 (b) AUTHORIZATION OF JACKSON GULCH REHABILI21 TATION PROJECT.— 

22 (1) IN GENERAL.—Subject to the reimbursement 

23 requirement described in paragraph (3), the Secretary 

24 shall pay the Federal share of the total cost of car25 rying out the Project. 
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1 (2) USE OF EXISTING INFORMATION.—In pre2 paring any studies relating to the Project, the Sec3 retary shall, to the maximum extent practicable, use 

4 existing studies, including engineering and resource 

5 information provided by, or at the direction of— 

6 (A) Federal, State, or local agencies; and 

7 (B) the District. 

8 (3) REIMBURSEMENT REQUIREMENT.— 

9 (A) AMOUNT.—The Secretary shall recover 

10 from the District as reimbursable expenses the 

11 lesser of— 

12 (i) the amount equal to 35 percent of 

13 the cost of the Project; or 

14 (ii) $2,900,000. 

15 (B) MANNER.—The Secretary shall recover 

16 reimbursable expenses under subparagraph (A)— 

17 (i) in a manner agreed to by the Sec18 retary and the District; 

19 (ii) over a period of 15 years; and 

20 (iii) with no interest. 

21 (C) CREDIT.—In determining the exact 

22 amount of reimbursable expenses to be recovered 

23 from the District, the Secretary shall credit the 

24 District for any amounts it paid before the date 

25 of enactment of this Act for engineering work 
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1 and improvements directly associated with the 

2 Project. 

3 (4) PROHIBITION ON OPERATION AND MAINTE4 NANCE COSTS.—The District shall be responsible for 

5 the operation and maintenance of any facility con6 structed or rehabilitated under this section. 

7 (5) LIABILITY.—The United States shall not be 

8 liable for damages of any kind arising out of any act, 

9 omission, or occurrence relating to a facility rehabili10 tated or constructed under this section. 

11 (6) EFFECT.—An activity provided Federal 

12 funding under this section shall not be considered a 

13 supplemental or additional benefit under— 

14 (A) the reclamation laws; or 

15 (B) the Act of August 11, 1939 (16 U.S.C. 

16 590y et seq.). 

17 (7) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to the Sec19 retary to pay the Federal share of the total cost of 

20 carrying out the Project $8,250,000. 

21 SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO. 

22 (a) FINDINGS AND PURPOSE.— 

23 (1) FINDINGS.—Congress finds that— 

24 (A) drought, population increases, and envi25 ronmental needs are exacerbating water supply 
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1 issues across the western United States, includ2 ing the Rio Grande Basin in New Mexico; 

3 (B) a report developed by the Bureau of 

4 Reclamation and the Bureau of Indian Affairs 

5 in 2000 identified a serious need for the rehabili6 tation and repair of irrigation infrastructure of 

7 the Rio Grande Pueblos; 

8 (C) inspection of existing irrigation infra9 structure of the Rio Grande Pueblos shows that 

10 many key facilities, such as diversion structures 

11 and main conveyance ditches, are unsafe and 

12 barely, if at all, operable; 

13 (D) the benefits of rehabilitating and re14 pairing irrigation infrastructure of the Rio 

15 Grande Pueblos include— 

16 (i) water conservation; 

17 (ii) extending available water supplies; 

18 (iii) increased agricultural produc19 tivity; 

20 (iv) economic benefits; 

21 (v) safer facilities; and 

22 (vi) the preservation of the culture of 

23 Indian Pueblos in the State; 

24 (E) certain Indian Pueblos in the Rio 

25 Grande Basin receive water from facilities oper-
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1 ated or owned by the Bureau of Reclamation; 

2 and 

3 (F) rehabilitation and repair of irrigation 

4 infrastructure of the Rio Grande Pueblos would 

5 improve— 

6 (i) overall water management by the 

7 Bureau of Reclamation; and 

8 (ii) the ability of the Bureau of Rec9 lamation to help address potential water 

10 supply conflicts in the Rio Grande Basin. 

11 (2) PURPOSE.—The purpose of this section is to 

12 direct the Secretary— 

13 (A) to assess the condition of the irrigation 

14 infrastructure of the Rio Grande Pueblos; 

15 (B) to establish priorities for the rehabilita16 tion of irrigation infrastructure of the Rio 

17 Grande Pueblos in accordance with specified cri18 teria; and 

19 (C) to implement projects to rehabilitate 

20 and improve the irrigation infrastructure of the 

21 Rio Grande Pueblos. 

22 (b) DEFINITIONS.—In this section: 

23 (1) 2004 AGREEMENT.—The term ‘‘2004 Agree24 ment’’ means the agreement entitled ‘‘Agreement By 

25 and Between the United States of America and the 
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1 Middle Rio Grande Conservancy District, Providing 

2 for the Payment of Operation and Maintenance 

3 Charges on Newly Reclaimed Pueblo Indian Lands in 

4 the Middle Rio Grande Valley, New Mexico’’ and exe5 cuted in September 2004 (including any successor 

6 agreements and amendments to the agreement). 

7 (2) DESIGNATED ENGINEER.—The term ‘‘des8 ignated engineer’’ means a Federal employee des9 ignated under the Act of February 14, 1927 (69 Stat. 

10 1098, chapter 138) to represent the United States in 

11 any action involving the maintenance, rehabilitation, 

12 or preservation of the condition of any irrigation 

13 structure or facility on land located in the Six Middle 

14 Rio Grande Pueblos. 

15 (3) DISTRICT.—The term ‘‘District’’ means the 

16 Middle Rio Grande Conservancy District, a political 

17 subdivision of the State established in 1925. 

18 (4) PUEBLO IRRIGATION INFRASTRUCTURE.—The 

19 term ‘‘Pueblo irrigation infrastructure’’ means any 

20 diversion structure, conveyance facility, or drainage 

21 facility that is— 

22 (A) in existence as of the date of enactment 

23 of this Act; and 

24 (B) located on land of a Rio Grande Pueblo 

25 that is associated with— 
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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 is 

5 served. 

6 (5) RIO GRANDE BASIN.—The term ‘‘Rio Grande 

7 Basin’’ means the headwaters of the Rio Chama and 

8 the Rio Grande Rivers (including any tributaries) 

9 from the State line between Colorado and New Mexico 

10 downstream to the elevation corresponding with the 

11 spillway crest of Elephant Butte Dam at 4,457.3 feet 

12 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 rec18 ognized Indian tribes published by the Secretary 

19 in accordance with section 104 of the Federally 

20 Recognized Indian Tribe List Act of 1994 (25 

21 U.S.C. 479a–1). 

22 (7) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior, acting through the Com24 missioner of Reclamation. 
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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 Felipe, 

4 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 State 

9 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 recon23 struct Pueblo irrigation infrastructure. 

24 (B) REQUIRED CONSENT.—In carrying out 

25 subparagraph (A), the Secretary shall only in-
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1 clude each individual Rio Grande Pueblo that 

2 notifies the Secretary that the Pueblo consents to 

3 participate in— 

4 (i) the conduct of the study under sub5 paragraph (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 de15 scribed 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 on 

23 completion of the project. 

24 (ii) ELIGIBILITY OF PROJECTS.—A 

25 project is eligible to be considered and 
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1 prioritized by the Secretary if the project 

2 addresses at least 1 factor described in sub3 paragraph (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 benefits 

21 that the repair, rehabilitation, or recon22 struction of the Pueblo irrigation infra23 structure would have on the applicable Rio 

24 Grande Pueblo; 
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1 (iv) the opportunity to address water 

2 supply or environmental conflicts in the ap3 plicable river basin if the Pueblo irrigation 

4 infrastructure is repaired, rehabilitated, or 

5 reconstructed; and 

6 (v) the overall benefits of the project to 

7 efficient water operations on the land of the 

8 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 Natural 

15 Resources Conservation Service, and the Chief of En16 gineers to evaluate the extent to which programs 

17 under the jurisdiction of the respective agencies may 

18 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 
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1 (ii) any other related project (includ2 ing on-farm improvements) that may be ap3 propriately coordinated with the repair, re4 habilitation, or reconstruction of Pueblo ir5 rigation infrastructure to improve the effi6 cient use of water in the Rio Grande Basin. 

7 (4) REPORT.—Not later than 2 years after the 

8 date of enactment of this Act, the Secretary shall sub9 mit to the Committee on Energy and Natural Re10 sources of the Senate and the Committee on Resources 

11 of the House of Representatives a report that in12 cludes— 

13 (A) the list of projects recommended for im14 plementation under paragraph (1)(A)(ii); and 

15 (B) any findings of the Secretary with re16 spect to— 

17 (i) the study conducted under para18 graph (1)(A)(i); 

19 (ii) the consideration of the factors 

20 under paragraph (2)(B); and 

21 (iii) the consultations under paragraph 

22 (3). 

23 (5) PERIODIC REVIEW.—Not later than 4 years 

24 after the date on which the Secretary submits the re25 port under paragraph (4) and every 4 years there-
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1 after, the Secretary, in consultation with each Rio 

2 Grande Pueblo, shall— 

3 (A) review the report submitted under para4 graph (4); and 

5 (B) update the list of projects described in 

6 paragraph (4)(A) in accordance with each factor 

7 described in paragraph (2)(B), as the Secretary 

8 determines to be appropriate. 

9 (d) IRRIGATION INFRASTRUCTURE GRANTS.— 

10 (1) IN GENERAL.—The Secretary may provide 

11 grants to, and enter into contracts or other agree12 ments with, the Rio Grande Pueblos to plan, design, 

13 construct, or otherwise implement projects to repair, 

14 rehabilitate, reconstruct, or replace Pueblo irrigation 

15 infrastructure that are recommended for implementa16 tion under subsection (c)(1)(A)(ii)— 

17 (A) to increase water use efficiency and ag18 ricultural productivity for the benefit of a Rio 

19 Grande Pueblo; 

20 (B) to conserve water; or 

21 (C) to otherwise enhance water management 

22 or help avert water supply conflicts in the Rio 

23 Grande Basin. 

24 (2) LIMITATION.—Assistance provided under 

25 paragraph (1) shall not be used for— 
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1 (A) the repair, rehabilitation, or reconstruc2 tion of any major impoundment structure; or 

3 (B) any on-farm improvements. 

4 (3) CONSULTATION.—In carrying out a project 

5 under paragraph (1), the Secretary shall— 

6 (A) consult with, and obtain the approval 

7 of, the applicable Rio Grande Pueblo; 

8 (B) consult with the Director of the Bureau 

9 of Indian Affairs; and 

10 (C) as appropriate, coordinate the project 

11 with any work being conducted under the irriga12 tion operations and maintenance program of the 

13 Bureau of Indian Affairs. 

14 (4) COST-SHARING REQUIREMENT.— 

15 (A) FEDERAL SHARE.— 

16 (i) IN GENERAL.—Except as provided 

17 in clause (ii), the Federal share of the total 

18 cost of carrying out a project under para19 graph (1) shall be not more than 75 percent. 

20 (ii) EXCEPTION.—The Secretary may 

21 waive or limit the non-Federal share re22 quired under clause (i) if the Secretary de23 termines, based on a demonstration of fi24 nancial hardship by the Rio Grande Pueblo, 
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1 that the Rio Grande Pueblo is unable to 

2 contribute the required non-Federal share. 

3 (B) DISTRICT CONTRIBUTIONS.— 

4 (i) IN GENERAL.—The Secretary may 

5 accept from the District a partial or total 

6 contribution toward the non-Federal share 

7 required for a project carried out under 

8 paragraph (1) on land located in any of the 

9 Six Middle Rio Grande Pueblos if the Sec10 retary determines that the project is a spe11 cial project. 

12 (ii) LIMITATION.—Nothing in clause 

13 (i) requires the District to contribute to the 

14 non-Federal share of the cost of a project 

15 carried out under paragraph (1). 

16 (C) STATE CONTRIBUTIONS.— 

17 (i) IN GENERAL.—The Secretary may 

18 accept from the State a partial or total con19 tribution toward the non-Federal share for 

20 a project carried out under paragraph (1). 

21 (ii) LIMITATION.—Nothing in clause 

22 (i) requires the State to contribute to the 

23 non-Federal share of the cost of a project 

24 carried out under paragraph (1). 
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1 (D) FORM OF NON-FEDERAL SHARE.—The 

2 non-Federal share under subparagraph (A)(i) 

3 may be in the form of in-kind contributions, in4 cluding the contribution of any valuable asset or 

5 service that the Secretary determines would sub6 stantially contribute to a project carried out 

7 under paragraph (1). 

8 (5) OPERATION AND MAINTENANCE.—The Sec9 retary may not use any amount made available 

10 under subsection (g)(2) to carry out the operation or 

11 maintenance of any project carried out under para12 graph (1). 

13 (e) EFFECT ON EXISTING AUTHORITY AND RESPON14 SIBILITIES.—Nothing in this section— 

15 (1) affects any existing project-specific funding 

16 authority; or 

17 (2) limits or absolves the United States from any 

18 responsibility to any Rio Grande Pueblo (including 

19 any responsibility arising from a trust relationship 

20 or from any Federal law (including regulations), Ex21 ecutive order, or agreement between the Federal Gov22 ernment and any Rio Grande Pueblo). 

23 (f) EFFECT ON PUEBLO WATER RIGHTS OR STATE

24 WATER LAW.— 
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1 (1) PUEBLO WATER RIGHTS.—Nothing in this 

2 section (including the implementation of any project 

3 carried out in accordance with this section) affects the 

4 right of any Pueblo to receive, divert, store, or claim 

5 a right to water, including the priority of right and 

6 the quantity of water associated with the water right 

7 under Federal or State law. 

8 (2) STATE WATER LAW.—Nothing in this section 

9 preempts or affects— 

10 (A) State water law; or 

11 (B) an interstate compact governing water. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) STUDY.—There is authorized to be appro14 priated to carry out subsection (c) $4,000,000. 

15 (2) PROJECTS.—There is authorized to be appro16 priated to carry out subsection (d) $6,000,000 for 

17 each of fiscal years 2010 through 2019. 

18 SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH 

19 PROGRAMS. 

20 (a) DEFINITIONS.—Section 2 of Public Law 106–392 

21 (114 Stat. 1602) is amended— 

22 (1) in paragraph (5), by inserting ‘‘, rehabilita23 tion, and repair’’ after ‘‘and replacement’’; and 

24 (2) in paragraph (6), by inserting ‘‘those for 

25 protection of critical habitat, those for preventing en-
834 

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1 trainment of fish in water diversions,’’ after 

2 ‘‘instream flows,’’. 

3 (b) AUTHORIZATION TO FUND RECOVERY PRO4 GRAMS.—Section 3 of Public Law 106–392 (114 Stat. 1603; 

5 120 Stat. 290) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), by striking 

8 ‘‘$61,000,000’’ and inserting ‘‘$88,000,000’’; 

9 (B) in paragraph (2), by striking ‘‘2010’’ 

10 and inserting ‘‘2023’’; and 

11 (C) in paragraph (3), by striking ‘‘2010’’ 

12 and inserting ‘‘2023’’; 

13 (2) in subsection (b)— 

14 (A) in the matter preceding paragraph (1), 

15 by striking ‘‘$126,000,000’’ and inserting 

16 ‘‘$209,000,000’’; 

17 (B) in paragraph (1)— 

18 (i) by striking ‘‘$108,000,000’’ and in19 serting ‘‘$179,000,000’’; and 

20 (ii) by striking ‘‘2010’’ and inserting 

21 ‘‘2023’’; and 

22 (C) in paragraph (2)— 

23 (i) by striking ‘‘$18,000,000’’ and in24 serting ‘‘$30,000,000’’; and 
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1 (ii) by striking ‘‘2010’’ and inserting 

2 ‘‘2023’’; and 

3 (3) in subsection (c)(4), by striking 

4 ‘‘$31,000,000’’ and inserting ‘‘$87,000,000’’. 

5 SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA. 

6 (a) DEFINITIONS.—In this section: 

7 (1) DISTRICT.—The term ‘‘District’’ means the 

8 Fallbrook Public Utility District, San Diego County, 

9 California. 

10 (2) PROJECT.—The term ‘‘Project’’ means the 

11 impoundment, recharge, treatment, and other facili12 ties the construction, operation, watershed manage13 ment, and maintenance of which is authorized under 

14 subsection (b). 

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

16 the Secretary of the Interior. 

17 (b) AUTHORIZATION FOR CONSTRUCTION OF SANTA

18 MARGARITA RIVER PROJECT.— 

19 (1) AUTHORIZATION.—The Secretary, acting 

20 pursuant to Federal reclamation law (the Act of June 

21 17, 1902 (32 Stat. 388, chapter 1093), and Acts sup22 plemental to and amendatory of that Act (43 U.S.C. 

23 371 et seq.), to the extent that law is not inconsistent 

24 with this section, may construct, operate, and main25 tain the Project substantially in accordance with the 
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1 final feasibility report and environmental reviews for 

2 the Project and this section. 

3 (2) CONDITIONS.—The Secretary may construct 

4 the Project only after the Secretary determines that 

5 the following conditions have occurred: 

6 (A)(i) The District and the Secretary of the 

7 Navy have entered into contracts under sub8 sections (c)(2) and (e) of section 9 of the Rec9 lamation Project Act of 1939 (43 U.S.C. 485h) 

10 to repay to the United States equitable and ap11 propriate portions, as determined by the Sec12 retary, of the actual costs of constructing, oper13 ating, and maintaining the Project. 

14 (ii) As an alternative to a repayment con15 tract with the Secretary of the Navy described in 

16 clause (i), the Secretary may allow the Secretary 

17 of the Navy to satisfy all or a portion of the re18 payment obligation for construction of the 

19 Project on the payment of the share of the Sec20 retary of the Navy prior to the initiation of con21 struction, subject to a final cost allocation as de22 scribed in subsection (c). 

23 (B) The officer or agency of the State of 

24 California authorized by law to grant permits 

25 for the appropriation of water has granted the 
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1 permits to the Bureau of Reclamation for the 

2 benefit of the Secretary of the Navy and the Dis3 trict as permittees for rights to the use of water 

4 for storage and diversion as provided in this sec5 tion, including approval of all requisite changes 

6 in points of diversion and storage, and purposes 

7 and places of use. 

8 (C)(i) The District has agreed— 

9 (I) to not assert against the United 

10 States any prior appropriative right the 

11 District may have to water in excess of the 

12 quantity deliverable to the District under 

13 this section; and 

14 (II) to share in the use of the waters 

15 impounded by the Project on the basis of 

16 equal priority and in accordance with the 

17 ratio prescribed in subsection (d)(2). 

18 (ii) The agreement and waiver under clause 

19 (i) and the changes in points of diversion and 

20 storage under subparagraph (B)— 

21 (I) shall become effective and binding 

22 only when the Project has been completed 

23 and put into operation; and 
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1 (II) may be varied by agreement be2 tween the District and the Secretary of the 

3 Navy. 

4 (D) The Secretary has determined that the 

5 Project has completed applicable economic, envi6 ronmental, and engineering feasibility studies. 

7 (c) COSTS.— 

8 (1) IN GENERAL.—As determined by a final cost 

9 allocation after completion of the construction of the 

10 Project, the Secretary of the Navy shall be responsible 

11 to pay upfront or repay to the Secretary only that 

12 portion of the construction, operation, and mainte13 nance costs of the Project that the Secretary and the 

14 Secretary of the Navy determine reflects the extent to 

15 which the Department of the Navy benefits from the 

16 Project. 

17 (2) OTHER CONTRACTS.—Notwithstanding para18 graph (1), the Secretary may enter into a contract 

19 with the Secretary of the Navy for the impoundment, 

20 storage, treatment, and carriage of prior rights water 

21 for domestic, municipal, fish and wildlife, industrial, 

22 and other beneficial purposes using Project facilities. 

23 (d) OPERATION; YIELD ALLOTMENT; DELIVERY.— 

24 (1) OPERATION.—The Secretary, the District, or 

25 a third party (consistent with subsection (f)) may op-
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1 erate the Project, subject to a memorandum of agree2 ment between the Secretary, the Secretary of the 

3 Navy, and the District and under regulations satis4 factory to the Secretary of the Navy with respect to 

5 the share of the Project of the Department of the 

6 Navy. 

7 (2) YIELD ALLOTMENT.—Except as otherwise 

8 agreed between the parties, the Secretary of the Navy 

9 and the District shall participate in the Project yield 

10 on the basis of equal priority and in accordance with 

11 the following ratio: 

12 (A) 60 percent of the yield of the Project is 

13 allotted to the Secretary of the Navy. 

14 (B) 40 percent of the yield of the Project is 

15 allotted to the District. 

16 (3) CONTRACTS FOR DELIVERY OF EXCESS

17 WATER.— 

18 (A) EXCESS WATER AVAILABLE TO OTHER

19 PERSONS.—If the Secretary of the Navy certifies 

20 to the official agreed on to administer the Project 

21 that the Department of the Navy does not have 

22 immediate need for any portion of the 60 percent 

23 of the yield of the Project allotted to the Sec24 retary of the Navy under paragraph (2), the offi-
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1 cial may enter into temporary contracts for the 

2 sale and delivery of the excess water. 

3 (B) FIRST RIGHT FOR EXCESS WATER.— 

4 The first right to excess water made available 

5 under subparagraph (A) shall be given the Dis6 trict, if otherwise consistent with the laws of the 

7 State of California. 

8 (C) CONDITION OF CONTRACTS.—Each con9 tract entered into under subparagraph (A) for 

10 the sale and delivery of excess water shall include 

11 a condition that the Secretary of the Navy has 

12 the right to demand the water, without charge 

13 and without obligation on the part of the United 

14 States, after 30 days notice. 

15 (D) MODIFICATION OF RIGHTS AND OBLIGA16 TIONS.—The rights and obligations of the United 

17 States and the District regarding the ratio, 

18 amounts, definition of Project yield, and pay19 ment for excess water may be modified by an 

20 agreement between the parties. 

21 (4) CONSIDERATION.— 

22 (A) DEPOSIT OF FUNDS.— 

23 (i) IN GENERAL.—Amounts paid to the 

24 United States under a contract entered into 

25 under paragraph (3) shall be— 
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1 (I) deposited in the special ac2 count established for the Department of 

3 the Navy under section 2667(e)(1) of 

4 title 10, United States Code; and 

5 (II) shall be available for the pur6 poses specified in section 2667(e)(1)(C) 

7 of that title. 

8 (ii) EXCEPTION.—Section 

9 2667(e)(1)(D) of title 10, United States 

10 Code, shall not apply to amounts deposited 

11 in the special account pursuant to this 

12 paragraph. 

13 (B) IN-KIND CONSIDERATION.—In lieu of 

14 monetary consideration under subparagraph (A), 

15 or in addition to monetary consideration, the 

16 Secretary of the Navy may accept in-kind con17 sideration in a form and quantity that is accept18 able to the Secretary of the Navy, including— 

19 (i) maintenance, protection, alteration, 

20 repair, improvement, or restoration (includ21 ing environmental restoration) of property 

22 or facilities of the Department of the Navy; 

23 (ii) construction of new facilities for 

24 the Department of the Navy; 
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1 (iii) provision of facilities for use by 

2 the Department of the Navy; 

3 (iv) facilities operation support for the 

4 Department of the Navy; and 

5 (v) provision of such other services as 

6 the Secretary of the Navy considers appro7 priate. 

8 (C) RELATION TO OTHER LAWS.—Sections 

9 2662 and 2802 of title 10, United States Code, 

10 shall not apply to any new facilities the con11 struction of which is accepted as in-kind consid12 eration under this paragraph. 

13 (D) CONGRESSIONAL NOTIFICATION.—If the 

14 in-kind consideration proposed to be provided 

15 under a contract to be entered into under para16 graph (3) has a value in excess of $500,000, the 

17 contract may not be entered into until the earlier 

18 of— 

19 (i) the end of the 30-day period begin20 ning on the date on which the Secretary of 

21 the Navy submits to the Committee on 

22 Armed Services of the Senate and the Com23 mittee on Armed Services of the House of 

24 Representatives a report describing the con-
843 

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1 tract and the form and quantity of the in2 kind consideration; or 

3 (ii) the end of the 14-day period begin4 ning on the date on which a copy of the re5 port referred to in clause (i) is provided in 

6 an electronic medium pursuant to section 

7 480 of title 10, United States Code. 

8 (e) REPAYMENT OBLIGATION OF THE DISTRICT.— 

9 (1) DETERMINATION.— 

10 (A) IN GENERAL.—Except as otherwise pro11 vided in this paragraph, the general repayment 

12 obligation of the District shall be determined by 

13 the Secretary consistent with subsections (c)(2) 

14 and (e) of section 9 of the Reclamation Project 

15 Act of 1939 (43 U.S.C. 485h) to repay to the 

16 United States equitable and appropriate por17 tions, as determined by the Secretary, of the ac18 tual costs of constructing, operating, and main19 taining the Project. 

20 (B) GROUNDWATER.—For purposes of cal21 culating interest and determining the time when 

22 the repayment obligation of the District to the 

23 United States commences, the pumping and 

24 treatment of groundwater from the Project shall 
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1 be deemed equivalent to the first use of water 

2 from a water storage project. 

3 (C) CONTRACTS FOR DELIVERY OF EXCESS

4 WATER.—There shall be no repayment obligation 

5 under this subsection for water delivered to the 

6 District under a contract described in subsection 

7 (d)(3). 

8 (2) MODIFICATION OF RIGHTS AND OBLIGATION

9 BY AGREEMENT.—The rights and obligations of the 

10 United States and the District regarding the repay11 ment obligation of the District may be modified by an 

12 agreement between the parties. 

13 (f) TRANSFER OF CARE, OPERATION, AND MAINTE14 NANCE.— 

15 (1) IN GENERAL.—The Secretary may transfer to 

16 the District, or a mutually agreed upon third party, 

17 the care, operation, and maintenance of the Project 

18 under conditions that are— 

19 (A) satisfactory to the Secretary and the 

20 District; and 

21 (B) with respect to the portion of the 

22 Project that is located within the boundaries of 

23 Camp Pendleton, satisfactory to the Secretary, 

24 the District, and the Secretary of the Navy. 

25 (2) EQUITABLE CREDIT.— 
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1 (A) IN GENERAL.—In the event of a transfer 

2 under paragraph (1), the District shall be enti3 tled to an equitable credit for the costs associated 

4 with the proportionate share of the Secretary of 

5 the operation and maintenance of the Project. 

6 (B) APPLICATION.—The amount of costs de7 scribed in subparagraph (A) shall be applied 

8 against the indebtedness of the District to the 

9 United States. 

10 (g) SCOPE OF SECTION.— 

11 (1) IN GENERAL.—Except as otherwise provided 

12 in this section, for the purpose of this section, the 

13 laws of the State of California shall apply to the 

14 rights of the United States pertaining to the use of 

15 water under this section. 

16 (2) LIMITATIONS.—Nothing in this section— 

17 (A) provides a grant or a relinquishment by 

18 the United States of any rights to the use of 

19 water that the United States acquired according 

20 to the laws of the State of California, either as 

21 a result of the acquisition of the land comprising 

22 Camp Joseph H. Pendleton and adjoining naval 

23 installations, and the rights to the use of water 

24 as a part of that acquisition, or through actual 
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1 use or prescription or both since the date of that 

2 acquisition, if any; 

3 (B) creates any legal obligation to store any 

4 water in the Project, to the use of which the 

5 United States has those rights; 

6 (C) requires the division under this section 

7 of water to which the United States has those 

8 rights; or 

9 (D) constitutes a recognition of, or an ad10 mission by the United States that, the District 

11 has any rights to the use of water in the Santa 

12 Margarita River, which rights, if any, exist only 

13 by virtue of the laws of the State of California. 

14 (h) LIMITATIONS ON OPERATION AND ADMINISTRA15 TION.—Unless otherwise agreed by the Secretary of the 

16 Navy, the Project— 

17 (1) shall be operated in a manner which allows 

18 the free passage of all of the water to the use of which 

19 the United States is entitled according to the laws of 

20 the State of California either as a result of the acqui21 sition of the land comprising Camp Joseph H. Pen22 dleton and adjoining naval installations, and the 

23 rights to the use of water as a part of those acquisi24 tions, or through actual use or prescription, or both, 

25 since the date of that acquisition, if any; and 
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1 (2) shall not be administered or operated in any 

2 way that will impair or deplete the quantities of 

3 water the use of which the United States would be en4 titled under the laws of the State of California had 

5 the Project not been built. 

6 (i) REPORTS TO CONGRESS.—Not later than 2 years 

7 after the date of the enactment of this Act and periodically 

8 thereafter, the Secretary and the Secretary of the Navy shall 

9 each submit to the appropriate committees of Congress re10 ports that describe whether the conditions specified in sub11 section (b)(2) have been met and if so, the manner in which 

12 the conditions were met. 

13 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section— 

15 (1) $60,000,000, as adjusted to reflect the engi16 neering costs indices for the construction cost of the 

17 Project; and 

18 (2) such sums as are necessary to operate and 

19 maintain the Project. 

20 (k) SUNSET.—The authority of the Secretary to com21 plete construction of the Project shall terminate on the date 

22 that is 10 years after the date of enactment of this Act. 

23 SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT. 

24 (a) IN GENERAL.—The Reclamation Wastewater and 

25 Groundwater Study and Facilities Act (Public Law 102– 
848 

† HR 146 EAS 

1 575, title XVI; 43 U.S.C. 390h et seq.) (as amended by sec2 tion 9104(a)) is amended by adding at the end the fol3 lowing: 

4 ‘‘SEC. 1650. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 

5 PROJECTS, CALIFORNIA. 

6 ‘‘(a) AUTHORIZATION.—The Secretary, in cooperation 

7 with the Elsinore Valley Municipal Water District, Cali8 fornia, may participate in the design, planning, and con9 struction of permanent facilities needed to establish recycled 

10 water distribution and wastewater treatment and reclama11 tion facilities that will be used to treat wastewater and pro12 vide recycled water in the Elsinore Valley Municipal Water 

13 District, California. 

14 ‘‘(b) COST SHARING.—The Federal share of the cost of 

15 each project described in subsection (a) shall not exceed 25 

16 percent of the total cost of the project. 

17 ‘‘(c) LIMITATION.—Funds provided by the Secretary 

18 under this section shall not be used for operation or mainte19 nance of the projects described in subsection (a). 

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $12,500,000.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections in 

24 section 2 of Public Law 102–575 (as amended by section 
849 

† HR 146 EAS 

1 9104(b)) is amended by inserting after the item relating 

2 to section 1649 the following: 

‘‘Sec. 1650. Elsinore Valley Municipal Water District Projects, California.’’. 

3 SEC. 9110. NORTH BAY WATER REUSE AUTHORITY. 

4 (a) PROJECT AUTHORIZATION.—The Reclamation 

5 Wastewater and Groundwater Study and Facilities Act 

6 (Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.) 

7 (as amended by section 9109(a)) is amended by adding at 

8 the end the following: 

9 ‘‘SEC. 1651. NORTH BAY WATER REUSE PROGRAM. 

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

11 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti12 ty’ means a member agency of the North Bay Water 

13 Reuse Authority of the State located in the North San 

14 Pablo Bay watershed in— 

15 ‘‘(A) Marin County; 

16 ‘‘(B) Napa County; 

17 ‘‘(C) Solano County; or 

18 ‘‘(D) Sonoma County. 

19 ‘‘(2) WATER RECLAMATION AND REUSE

20 PROJECT.—The term ‘water reclamation and reuse 

21 project’ means a project carried out by the Secretary 

22 and an eligible entity in the North San Pablo Bay 

23 watershed relating to— 

24 ‘‘(A) water quality improvement; 

25 ‘‘(B) wastewater treatment; 
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1 ‘‘(C) water reclamation and reuse; 

2 ‘‘(D) groundwater recharge and protection; 

3 ‘‘(E) surface water augmentation; or 

4 ‘‘(F) other related improvements. 

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

6 of California. 

7 ‘‘(b) NORTH BAY WATER REUSE PROGRAM.— 

8 ‘‘(1) IN GENERAL.—Contingent upon a finding 

9 of feasibility, the Secretary, acting through a coopera10 tive agreement with the State or a subdivision of the 

11 State, is authorized to enter into cooperative agree12 ments with eligible entities for the planning, design, 

13 and construction of water reclamation and reuse fa14 cilities and recycled water conveyance and distribu15 tion systems. 

16 ‘‘(2) COORDINATION WITH OTHER FEDERAL

17 AGENCIES.—In carrying out this section, the Sec18 retary and the eligible entity shall, to the maximum 

19 extent practicable, use the design work and environ20 mental evaluations initiated by— 

21 ‘‘(A) non-Federal entities; and 

22 ‘‘(B) the Corps of Engineers in the San 

23 Pablo Bay Watershed of the State. 

24 ‘‘(3) PHASED PROJECT.—A cooperative agree25 ment described in paragraph (1) shall require that 
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1 the North Bay Water Reuse Program carried out 

2 under this section shall consist of 2 phases as follows: 

3 ‘‘(A) FIRST PHASE.—During the first 

4 phase, the Secretary and an eligible entity shall 

5 complete the planning, design, and construction 

6 of the main treatment and main conveyance sys7 tems. 

8 ‘‘(B) SECOND PHASE.—During the second 

9 phase, the Secretary and an eligible entity shall 

10 complete the planning, design, and construction 

11 of the sub-regional distribution systems. 

12 ‘‘(4) COST SHARING.— 

13 ‘‘(A) FEDERAL SHARE.—The Federal share 

14 of the cost of the first phase of the project author15 ized by this section shall not exceed 25 percent 

16 of the total cost of the first phase of the project. 

17 ‘‘(B) FORM OF NON-FEDERAL SHARE.—The 

18 non-Federal share may be in the form of any in19 kind services that the Secretary determines 

20 would contribute substantially toward the com21 pletion of the water reclamation and reuse 

22 project, including— 

23 ‘‘(i) reasonable costs incurred by the el24 igible entity relating to the planning, de-
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1 sign, and construction of the water reclama2 tion and reuse project; and 

3 ‘‘(ii) the acquisition costs of land ac4 quired for the project that is— 

5 ‘‘(I) used for planning, design, 

6 and construction of the water reclama7 tion and reuse project facilities; and 

8 ‘‘(II) owned by an eligible entity 

9 and directly related to the project. 

10 ‘‘(C) LIMITATION.—The Secretary shall not 

11 provide funds for the operation and maintenance 

12 of the project authorized by this section. 

13 ‘‘(5) EFFECT.—Nothing in this section— 

14 ‘‘(A) affects or preempts— 

15 ‘‘(i) State water law; or 

16 ‘‘(ii) an interstate compact relating to 

17 the allocation of water; or 

18 ‘‘(B) confers on any non-Federal entity the 

19 ability to exercise any Federal right to— 

20 ‘‘(i) the water of a stream; or 

21 ‘‘(ii) any groundwater resource. 

22 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated for the Federal 

24 share of the total cost of the first phase of the project 
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1 authorized by this section $25,000,000, to remain 

2 available until expended.’’. 

3 (b) CONFORMING AMENDMENT.—The table of sections 

4 in section 2 of Public Law 102–575 (as amended by section 

5 9109(b)) is amended by inserting after the item relating 

6 to section 1650 the following: 

‘‘Sec. 1651. North Bay water reuse program.’’. 

7 SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM 

8 PROJECT, CALIFORNIA. 

9 (a) PRADO BASIN NATURAL TREATMENT SYSTEM

10 PROJECT.— 

11 (1) IN GENERAL.—The Reclamation Wastewater 

12 and Groundwater Study and Facilities Act (Public 

13 Law 102–575, title XVI; 43 U.S.C. 390h et seq.) (as 

14 amended by section 9110(a)) is amended by adding 

15 at the end the following: 

16 ‘‘SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM 

17 PROJECT. 

18 ‘‘(a) IN GENERAL.—The Secretary, in cooperation 

19 with the Orange County Water District, shall participate 

20 in the planning, design, and construction of natural treat21 ment systems and wetlands for the flows of the Santa Ana 

22 River, California, and its tributaries into the Prado Basin. 

23 ‘‘(b) COST SHARING.—The Federal share of the cost of 

24 the project described in subsection (a) shall not exceed 25 

25 percent of the total cost of the project. 
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1 ‘‘(c) LIMITATION.—Funds provided by the Secretary 

2 shall not be used for the operation and maintenance of the 

3 project described in subsection (a). 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $10,000,000. 

7 ‘‘(e) SUNSET OF AUTHORITY.—This section shall have 

8 no effect after the date that is 10 years after the date of 

9 the enactment of this section.’’. 

10 (2) CONFORMING AMENDMENT.—The table of sec11 tions in section 2 of Public Law 102–575 (43 U.S.C. 

12 prec. 371) (as amended by section 9110(b)) is amend13 ed by inserting after the last item the following: 

‘‘1652. Prado Basin Natural Treatment System Project.’’. 

14 (b) LOWER CHINO DAIRY AREA DESALINATION DEM15 ONSTRATION AND RECLAMATION PROJECT.— 

16 (1) IN GENERAL.—The Reclamation Wastewater 

17 and Groundwater Study and Facilities Act (Public 

18 Law 102–575, title XVI; 43 U.S.C. 390h et seq.) (as 

19 amended by subsection (a)(1)) is amended by adding 

20 at the end the following: 

21 ‘‘SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION 

22 DEMONSTRATION AND RECLAMATION 

23 PROJECT. 

24 ‘‘(a) IN GENERAL.—The Secretary, in cooperation 

25 with the Chino Basin Watermaster, the Inland Empire 
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1 Utilities Agency, and the Santa Ana Watershed Project Au2 thority and acting under the Federal reclamation laws, 

3 shall participate in the design, planning, and construction 

4 of the Lower Chino Dairy Area desalination demonstration 

5 and reclamation project. 

6 ‘‘(b) COST SHARING.—The Federal share of the cost of 

7 the project described in subsection (a) shall not exceed— 

8 ‘‘(1) 25 percent of the total cost of the project; or 

9 ‘‘(2) $26,000,000. 

10 ‘‘(c) LIMITATION.—Funds provided by the Secretary 

11 shall not be used for operation or maintenance of the project 

12 described in subsection (a). 

13 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as are nec15 essary to carry out this section. 

16 ‘‘(e) SUNSET OF AUTHORITY.—This section shall have 

17 no effect after the date that is 10 years after the date of 

18 the enactment of this section.’’. 

19 (2) CONFORMING AMENDMENT.—The table of sec20 tions in section 2 of Public Law 102–575 (43 U.S.C. 

21 prec. 371) (as amended by subsection (a)(2)) is 

22 amended by inserting after the last item the following: 

‘‘1653. Lower Chino dairy area desalination demonstration and reclamation 

project.’’. 

23 (c) ORANGE COUNTY REGIONAL WATER RECLAMATION

24 PROJECT.—Section 1624 of the Reclamation Wastewater 
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1 and Groundwater Study and Facilities Act (Public Law 

2 102–575, title XVI; 43 U.S.C. 390h–12j) is amended— 

3 (1) in the section heading, by striking the words 

4 ‘‘PHASE 1 OF THE’’; and 

5 (2) in subsection (a), by striking ‘‘phase 1 of’’. 

6 SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALI7 FORNIA. 

8 (a) DEFINITIONS.—In this section: 

9 (1) DISTRICT.—The term ‘‘District’’ means the 

10 Western Municipal Water District, Riverside County, 

11 California. 

12 (2) PROJECT.— 

13 (A) IN GENERAL.—The term ‘‘Project’’ 

14 means the Riverside-Corona Feeder Project. 

15 (B) INCLUSIONS.—The term ‘‘Project’’ in16 cludes— 

17 (i) 20 groundwater wells; 

18 (ii) groundwater treatment facilities; 

19 (iii) water storage and pumping facili20 ties; and 

21 (iv) 28 miles of pipeline in San 

22 Bernardino and Riverside Counties in the 

23 State of California. 

24 (C) SECRETARY.—The term ‘‘Secretary’’ 

25 means the Secretary of the Interior. 
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1 (b) PLANNING, DESIGN, AND CONSTRUCTION OF RIV2 ERSIDE-CORONA FEEDER.— 

3 (1) IN GENERAL.—The Secretary, in cooperation 

4 with the District, may participate in the planning, 

5 design, and construction of the Project. 

6 (2) AGREEMENTS AND REGULATIONS.—The Sec7 retary may enter into such agreements and promul8 gate such regulations as are necessary to carry out 

9 this subsection. 

10 (3) FEDERAL SHARE.— 

11 (A) PLANNING, DESIGN, CONSTRUCTION.— 

12 The Federal share of the cost to plan, design, and 

13 construct the Project shall not exceed the lesser 

14 of— 

15 (i) an amount equal to 25 percent of 

16 the total cost of the Project; and 

17 (ii) $26,000,000. 

18 (B) STUDIES.—The Federal share of the 

19 cost to complete the necessary planning studies 

20 associated with the Project— 

21 (i) shall not exceed an amount equal to 

22 50 percent of the total cost of the studies; 

23 and 

24 (ii) shall be included as part of the 

25 limitation described in subparagraph (A). 
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1 (4) IN-KIND SERVICES.—The non-Federal share 

2 of the cost of the Project may be provided in cash or 

3 in kind. 

4 (5) LIMITATION.—Funds provided by the Sec5 retary under this subsection shall not be used for op6 eration or maintenance of the Project. 

7 (6) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to the Sec9 retary to carry out this subsection the lesser of— 

10 (A) an amount equal to 25 percent of the 

11 total cost of the Project; and 

12 (B) $26,000,000. 

13 SEC. 9113. GREAT PROJECT, CALIFORNIA. 

14 (a) IN GENERAL.—The Reclamation Wastewater and 

15 Groundwater Study and Facilities Act (title XVI of Public 

16 Law 102–575; 43 U.S.C. 390h et seq.) (as amended by sec17 tion 9111(b)(1)) is amended by adding at the end the fol18 lowing: 

19 ‘‘SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, 

20 REUSE, AND TREATMENT PROJECT. 

21 ‘‘(a) AUTHORIZATION.—The Secretary, in cooperation 

22 with the City of Oxnard, California, may participate in 

23 the design, planning, and construction of Phase I perma24 nent facilities for the GREAT project to reclaim, reuse, and 

25 treat impaired water in the area of Oxnard, California. 
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1 ‘‘(b) COST SHARE.—The Federal share of the costs of 

2 the project described in subsection (a) shall not exceed 25 

3 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 de10 scribed 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 in 

16 section 2 of the Reclamation Projects Authorization and Ad17 justment Act of 1992 (as amended by section 9111(b)(2)) 

18 is amended by inserting after the last item the following: 

‘‘Sec. 1654. Oxnard, California, water reclamation, reuse, and treatment 

project.’’. 

19 SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA. 

20 (a) IN GENERAL.—The Reclamation Wastewater and 

21 Groundwater Study and Facilities Act (Public Law 102– 

22 575, title XVI; 43 U.S.C. 390h et seq.) (as amended by sec23 tion 9113(a)) is amended by adding at the end the fol24 lowing: 
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1 ‘‘SEC. 1655. YUCAIPA VALLEY REGIONAL WATER SUPPLY RE2 NEWAL PROJECT. 

3 ‘‘(a) AUTHORIZATION.—The Secretary, in cooperation 

4 with the Yucaipa Valley Water District, may participate 

5 in the design, planning, and construction of projects to treat 

6 impaired surface water, reclaim and reuse impaired 

7 groundwater, and provide brine disposal within the Santa 

8 Ana Watershed as described in the report submitted under 

9 section 1606. 

10 ‘‘(b) COST SHARING.—The Federal share of the cost of 

11 the project described in subsection (a) shall not exceed 25 

12 percent of the total cost of the project. 

13 ‘‘(c) LIMITATION.—Funds provided by the Secretary 

14 shall not be used for operation or maintenance of the project 

15 described in subsection (a). 

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $20,000,000. 

19 ‘‘SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, 

20 WATER RECYCLING AND REUSE PROJECT. 

21 ‘‘(a) AUTHORIZATION.—The Secretary, in cooperation 

22 with the City of Corona Water Utility, California, is au23 thorized to participate in the design, planning, and con24 struction of, and land acquisition for, a project to reclaim 

25 and reuse wastewater, including degraded groundwaters, 
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1 within and outside of the service area of the City of Corona 

2 Water Utility, California. 

3 ‘‘(b) COST SHARE.—The Federal share of the cost of 

4 the project authorized by this section shall not exceed 25 

5 percent of the total cost of the project. 

6 ‘‘(c) LIMITATION.—The Secretary shall not provide 

7 funds for the operation and maintenance of the project au8 thorized by this section.’’. 

9 (b) CONFORMING AMENDMENTS.—The table of sections 

10 in section 2 of Public Law 102–575 (as amended by section 

11 9114(b)) is amended by inserting after the last item the fol12 lowing: 

‘‘Sec. 1655. Yucaipa Valley Regional Water Supply Renewal Project. 

‘‘Sec. 1656. City of Corona Water Utility, California, water recycling and reuse 

project.’’. 

13 SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO. 

14 (a) COST SHARE.—The first section of Public Law 87– 

15 590 (76 Stat. 389) is amended in the second sentence of 

16 subsection (c) by inserting after ‘‘cost thereof,’’ the fol17 lowing: ‘‘or in the case of the Arkansas Valley Conduit, pay18 ment in an amount equal to 35 percent of the cost of the 

19 conduit that is comprised of revenue generated by payments 

20 pursuant to a repayment contract and revenue that may 

21 be derived from contracts for the use of Fryingpan-Arkansas 

22 project excess capacity or exchange contracts using 

23 Fryingpan-Arkansas project facilities,’’. 
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1 (b) RATES.—Section 2(b) of Public Law 87–590 (76 

2 Stat. 390) is amended— 

3 (1) by striking ‘‘(b) Rates’’ and inserting the fol4 lowing: 

5 ‘‘(b) RATES.— 

6 ‘‘(1) IN GENERAL.—Rates’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN

9 VALLEY PIPELINE, AND SOUTH OUTLET WORKS AT

10 PUEBLO DAM AND RESERVOIR.— 

11 ‘‘(A) IN GENERAL.—Notwithstanding the 

12 reclamation laws, until the date on which the 

13 payments for the Arkansas Valley Conduit under 

14 paragraph (3) begin, any revenue that may be 

15 derived from contracts for the use of Fryingpan16 Arkansas project excess capacity or exchange 

17 contracts using Fryingpan-Arkansas project fa18 cilities shall be credited towards payment of the 

19 actual cost of Ruedi Dam and Reservoir, the 

20 Fountain Valley Pipeline, and the South Outlet 

21 Works at Pueblo Dam and Reservoir plus inter22 est in an amount determined in accordance with 

23 this section. 

24 ‘‘(B) EFFECT.—Nothing in the Federal rec25 lamation law (the Act of June 17, 1902 (32 Stat. 
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† HR 146 EAS 

1 388, chapter 1093), and Acts supplemental to 

2 and amendatory of that Act (43 U.S.C. 371 et 

3 seq.)) prohibits the concurrent crediting of rev4 enue (with interest as provided under this sec5 tion) towards payment of the Arkansas Valley 

6 Conduit as provided under this paragraph. 

7 ‘‘(3) ARKANSAS VALLEY CONDUIT.— 

8 ‘‘(A) USE OF REVENUE.—Notwithstanding 

9 the reclamation laws, any revenue derived from 

10 contracts for the use of Fryingpan-Arkansas 

11 project excess capacity or exchange contracts 

12 using Fryingpan-Arkansas project facilities shall 

13 be credited towards payment of the actual cost of 

14 the Arkansas Valley Conduit plus interest in an 

15 amount determined in accordance with this sec16 tion. 

17 ‘‘(B) ADJUSTMENT OF RATES.—Any rates 

18 charged under this section for water for munic19 ipal, domestic, or industrial use or for the use of 

20 facilities for the storage or delivery of water shall 

21 be adjusted to reflect the estimated revenue de22 rived from contracts for the use of Fryingpan23 Arkansas project excess capacity or exchange 

24 contracts using Fryingpan-Arkansas project fa25 cilities.’’. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 7 

2 of Public Law 87–590 (76 Stat. 393) is amended— 

3 (1) by striking ‘‘SEC. 7. There is hereby’’ and in4 serting the following: 

5 ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘(a) IN GENERAL.—There is’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(b) ARKANSAS VALLEY CONDUIT.— 

9 ‘‘(1) IN GENERAL.—Subject to annual appro10 priations and paragraph (2), there are authorized to 

11 be appropriated such sums as are necessary for the 

12 construction of the Arkansas Valley Conduit. 

13 ‘‘(2) LIMITATION.—Amounts made available 

14 under paragraph (1) shall not be used for the oper15 ation or maintenance of the Arkansas Valley Con16 duit.’’. 

17 Subtitle C—Title Transfers and 

18 Clarifications 

19 SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FA20 CILITIES. 

21 (a) DEFINITIONS.—In this section: 

22 (1) AGREEMENT.—The term ‘‘Agreement’’ means 

23 the agreement numbered 06–AG–60–2115 and entitled 

24 ‘‘Agreement Between the United States of America 

25 and McGee Creek Authority for the Purpose of Defin-
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† HR 146 EAS 

1 ing Responsibilities Related to and Implementing the 

2 Title Transfer of Certain Facilities at the McGee 

3 Creek Project, Oklahoma’’. 

4 (2) AUTHORITY.—The term ‘‘Authority’’ means 

5 the McGee Creek Authority located in Oklahoma City, 

6 Oklahoma. 

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

8 the Secretary of the Interior. 

9 (b) CONVEYANCE OF MCGEE CREEK PROJECT PIPE10 LINE AND ASSOCIATED FACILITIES.— 

11 (1) AUTHORITY TO CONVEY.— 

12 (A) IN GENERAL.—In accordance with all 

13 applicable laws and consistent with any terms 

14 and conditions provided in the Agreement, the 

15 Secretary may convey to the Authority all right, 

16 title, and interest of the United States in and to 

17 the pipeline and any associated facilities de18 scribed in the Agreement, including— 

19 (i) the pumping plant; 

20 (ii) the raw water pipeline from the 

21 McGee Creek pumping plant to the rate of 

22 flow control station at Lake Atoka; 

23 (iii) the surge tank; 

24 (iv) the regulating tank; 
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1 (v) the McGee Creek operation and 

2 maintenance complex, maintenance shop, 

3 and pole barn; and 

4 (vi) any other appurtenances, ease5 ments, and fee title land associated with the 

6 facilities described in clauses (i) through 

7 (v), in accordance with the Agreement. 

8 (B) EXCLUSION OF MINERAL ESTATE FROM

9 CONVEYANCE.— 

10 (i) IN GENERAL.—The mineral estate 

11 shall be excluded from the conveyance of 

12 any land or facilities under subparagraph 

13 (A). 

14 (ii) MANAGEMENT.—Any mineral in15 terests retained by the United States under 

16 this section shall be managed— 

17 (I) consistent with Federal law; 

18 and 

19 (II) in a manner that would not 

20 interfere with the purposes for which 

21 the McGee Creek Project was author22 ized. 

23 (C) COMPLIANCE WITH AGREEMENT; APPLI24 CABLE LAW.— 
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1 (i) AGREEMENT.—All parties to the 

2 conveyance under subparagraph (A) shall 

3 comply with the terms and conditions of the 

4 Agreement, to the extent consistent with this 

5 section. 

6 (ii) APPLICABLE LAW.—Before any 

7 conveyance under subparagraph (A), the 

8 Secretary shall complete any actions re9 quired under— 

10 (I) the National Environmental 

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

12 seq.); 

13 (II) the Endangered Species Act 

14 of 1973 (16 U.S.C. 1531 et seq.); 

15 (III) the National Historic Pres16 ervation Act (16 U.S.C. 470 et seq.); 

17 and 

18 (IV) any other applicable laws. 

19 (2) OPERATION OF TRANSFERRED FACILITIES.— 

20 (A) IN GENERAL.—On the conveyance of the 

21 land and facilities under paragraph (1)(A), the 

22 Authority shall comply with all applicable Fed23 eral, State, and local laws (including regula24 tions) in the operation of any transferred facili25 ties. 
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1 (B) OPERATION AND MAINTENANCE

2 COSTS.— 

3 (i) IN GENERAL.—After the conveyance 

4 of the land and facilities under paragraph 

5 (1)(A) and consistent with the Agreement, 

6 the Authority shall be responsible for all du7 ties and costs associated with the operation, 

8 replacement, maintenance, enhancement, 

9 and betterment of the transferred land and 

10 facilities. 

11 (ii) LIMITATION ON FUNDING.—The 

12 Authority shall not be eligible to receive any 

13 Federal funding to assist in the operation, 

14 replacement, maintenance, enhancement, 

15 and betterment of the transferred land and 

16 facilities, except for funding that would be 

17 available to any comparable entity that is 

18 not subject to reclamation laws. 

19 (3) RELEASE FROM LIABILITY.— 

20 (A) IN GENERAL.—Effective beginning on 

21 the date of the conveyance of the land and facili22 ties under paragraph (1)(A), the United States 

23 shall not be liable for damages of any kind aris24 ing out of any act, omission, or occurrence relat25 ing to any land or facilities conveyed, except for 
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† HR 146 EAS 

1 damages caused by acts of negligence committed 

2 by the United States (including any employee or 

3 agent of the United States) before the date of the 

4 conveyance. 

5 (B) NO ADDITIONAL LIABILITY.—Nothing in 

6 this paragraph adds to any liability that the 

7 United States may have under chapter 171 of 

8 title 28, United States Code. 

9 (4) CONTRACTUAL OBLIGATIONS.— 

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

11 subparagraph (B), any rights and obligations 

12 under the contract numbered 0–07–50–X0822 

13 and dated October 11, 1979, between the Author14 ity and the United States for the construction, 

15 operation, and maintenance of the McGee Creek 

16 Project, shall remain in full force and effect. 

17 (B) AMENDMENTS.—With the consent of the 

18 Authority, the Secretary may amend the contract 

19 described in subparagraph (A) to reflect the con20 veyance of the land and facilities under para21 graph (1)(A). 

22 (5) APPLICABILITY OF THE RECLAMATION

23 LAWS.—Notwithstanding the conveyance of the land 

24 and facilities under paragraph (1)(A), the reclama-
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† HR 146 EAS 

1 tion laws shall continue to apply to any project water 

2 provided to the Authority. 

3 SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, 

4 TITLE CLARIFICATION. 

5 (a) PURPOSE.—The purpose of this section is to direct 

6 the Secretary of the Interior to issue a quitclaim deed con7 veying any right, title, and interest the United States may 

8 have in and to Tingley Beach, San Gabriel Park, or the 

9 BioPark Parcels to the City, thereby removing a potential 

10 cloud on the City’s title to these lands. 

11 (b) DEFINITIONS.—In this section: 

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

13 Albuquerque, New Mexico. 

14 (2) BIOPARK PARCELS.—The term ‘‘BioPark 

15 Parcels’’ means a certain area of land containing 

16 19.16 acres, more or less, situated within the Town of 

17 Albuquerque Grant, in Projected Section 13, Town18 ship 10 North, Range 2 East, N.M.P.M., City of Albu19 querque, Bernalillo County, New Mexico, comprised of 

20 the following platted tracts and lot, and MRGCD 

21 tracts: 

22 (A) Tracts A and B, Albuquerque Biological 

23 Park, as the same are shown and designated on 

24 the Plat of Tracts A & B, Albuquerque Biological 

25 Park, recorded in the Office of the County Clerk 
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† HR 146 EAS 

1 of Bernalillo County, New Mexico on February 

2 11, 1994 in Book 94C, Page 44; containing 

3 17.9051 acres, more or less. 

4 (B) Lot B–1, Roger Cox Addition, as the 

5 same is shown and designated on the Plat of 

6 Lots B–1 and B–2 Roger Cox Addition, recorded 

7 in the Office of the County Clerk of Bernalillo 

8 County, New Mexico on October 3, 1985 in Book 

9 C28, Page 99; containing 0.6289 acres, more or 

10 less. 

11 (C) Tract 361 of MRGCD Map 38, bounded 

12 on the north by Tract A, Albuquerque Biological 

13 Park, on the east by the westerly right-of-way of 

14 Central Avenue, on the south by Tract 332B 

15 MRGCD Map 38, and on the west by Tract B, 

16 Albuquerque Biological Park; containing 0.30 

17 acres, more or less. 

18 (D) Tract 332B of MRGCD Map 38; bound19 ed on the north by Tract 361, MRGCD Map 38, 

20 on the west by Tract 32A–1–A, MRGCD Map 

21 38, and on the south and east by the westerly 

22 right-of-way of Central Avenue; containing 0.25 

23 acres, more or less. 

24 (E) Tract 331A–1A of MRGCD Map 38, 

25 bounded on the west by Tract B, Albuquerque 
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1 Biological Park, on the east by Tract 332B, 

2 MRGCD Map 38, and on the south by the west3 erly right-of-way of Central Avenue and Tract A, 

4 Albuquerque Biological Park; containing 0.08 

5 acres, more or less. 

6 (3) MIDDLE RIO GRANDE CONSERVANCY DIS7 TRICT.—The terms ‘‘Middle Rio Grande Conservancy 

8 District’’ and ‘‘MRGCD’’ mean a political subdivi9 sion of the State of New Mexico, created in 1925 to 

10 provide and maintain flood protection and drainage, 

11 and maintenance of ditches, canals, and distribution 

12 systems for irrigation and water delivery and oper13 ations in the Middle Rio Grande Valley. 

14 (4) MIDDLE RIO GRANDE PROJECT.—The term 

15 ‘‘Middle Rio Grande Project’’ means the works associ16 ated with water deliveries and operations in the Rio 

17 Grande basin as authorized by the Flood Control Act 

18 of 1948 (Public Law 80–858; 62 Stat. 1175) and the 

19 Flood Control Act of 1950 (Public Law 81–516; 64 

20 Stat. 170). 

21 (5) SAN GABRIEL PARK.—The term ‘‘San Gabriel 

22 Park’’ means the tract of land containing 40.2236 

23 acres, more or less, situated within Section 12 and 

24 Section 13, T10N, R2E, N.M.P.M., City of Albu25 querque, Bernalillo County, New Mexico, and de-
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† HR 146 EAS 

1 scribed by New Mexico State Plane Grid Bearings 

2 (Central Zone) and ground distances in a Special 

3 Warranty Deed conveying the property from MRGCD 

4 to the City, dated November 25, 1997. 

5 (6) TINGLEY BEACH.—The term ‘‘Tingley 

6 Beach’’ means the tract of land containing 25.2005 

7 acres, more or less, situated within Section 13 and 

8 Section 24, T10N, R2E, and secs. 18 and 19, T10N, 

9 R3E, N.M.P.M., City of Albuquerque, Bernalillo 

10 County, New Mexico, and described by New Mexico 

11 State Plane Grid Bearings (Central Zone) and 

12 ground distances in a Special Warranty Deed con13 veying the property from MRGCD to the City, dated 

14 November 25, 1997. 

15 (c) CLARIFICATION OF PROPERTY INTEREST.— 

16 (1) REQUIRED ACTION.—The Secretary of the In17 terior shall issue a quitclaim deed conveying any 

18 right, title, and interest the United States may have 

19 in and to Tingley Beach, San Gabriel Park, and the 

20 BioPark Parcels to the City. 

21 (2) TIMING.—The Secretary shall carry out the 

22 action in paragraph (1) as soon as practicable after 

23 the date of enactment of this Act and in accordance 

24 with all applicable law. 
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1 (3) NO ADDITIONAL PAYMENT.—The City shall 

2 not be required to pay any additional costs to the 

3 United States for the value of San Gabriel Park, 

4 Tingley Beach, and the BioPark Parcels. 

5 (d) OTHER RIGHTS, TITLE, AND INTERESTS UNAF6 FECTED.— 

7 (1) IN GENERAL.—Except as expressly provided 

8 in subsection (c), nothing in this section shall be con9 strued to affect any right, title, or interest in and to 

10 any land associated with the Middle Rio Grande 

11 Project. 

12 (2) ONGOING LITIGATION.—Nothing contained in 

13 this section shall be construed or utilized to affect or 

14 otherwise interfere with any position set forth by any 

15 party in the lawsuit pending before the United States 

16 District Court for the District of New Mexico, 99–CV– 

17 01320–JAP–RHS, entitled Rio Grande Silvery Min18 now v. John W. Keys, III, concerning the right, title, 

19 or interest in and to any property associated with the 

20 Middle Rio Grande Project. 

21 SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION 

22 SYSTEM, CALIFORNIA. 

23 (a) DEFINITIONS.—In this section: 

24 (1) AGREEMENT.—The term ‘‘Agreement’’ means 

25 Agreement No. 07–LC–20–9387 between the United 
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1 States and the District, entitled ‘‘Agreement Between 

2 the United States and the Goleta Water District to 

3 Transfer Title of the Federally Owned Distribution 

4 System to the Goleta Water District’’. 

5 (2) DISTRICT.—The term ‘‘District’’ means the 

6 Goleta Water District, located in Santa Barbara 

7 County, California. 

8 (3) GOLETA WATER DISTRIBUTION SYSTEM.—The 

9 term ‘‘Goleta Water Distribution System’’ means the 

10 facilities constructed by the United States to enable 

11 the District to convey water to its water users, and 

12 associated lands, as described in Appendix A of the 

13 Agreement. 

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

15 the Secretary of the Interior. 

16 (b) CONVEYANCE OF THE GOLETA WATER DISTRIBU17 TION SYSTEM.—The Secretary is authorized to convey to 

18 the District all right, title, and interest of the United States 

19 in and to the Goleta Water Distribution System of the 

20 Cachuma Project, California, subject to valid existing rights 

21 and consistent with the terms and conditions set forth in 

22 the Agreement. 

23 (c) LIABILITY.—Effective upon the date of the convey24 ance authorized by subsection (b), the United States shall 

25 not be held liable by any court for damages of any kind 
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1 arising out of any act, omission, or occurrence relating to 

2 the lands, buildings, or facilities conveyed under this sec3 tion, except for damages caused by acts of negligence com4 mitted by the United States or by its employees or agents 

5 prior to the date of conveyance. Nothing in this section in6 creases the liability of the United States beyond that pro7 vided in chapter 171 of title 28, United States Code (popu8 larly known as the Federal Tort Claims Act). 

9 (d) BENEFITS.—After conveyance of the Goleta Water 

10 Distribution System under this section— 

11 (1) such distribution system shall not be consid12 ered to be a part of a Federal reclamation project; 

13 and 

14 (2) the District shall not be eligible to receive 

15 any benefits with respect to any facility comprising 

16 the Goleta Water Distribution System, except benefits 

17 that would be available to a similarly situated entity 

18 with respect to property that is not part of a Federal 

19 reclamation project. 

20 (e) COMPLIANCE WITH OTHER LAWS.— 

21 (1) COMPLIANCE WITH ENVIRONMENTAL AND

22 HISTORIC PRESERVATION LAWS.—Prior to any con23 veyance under this section, the Secretary shall com24 plete all actions required under the National Envi25 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
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1 seq.), the Endangered Species Act of 1973 (16 U.S.C. 

2 1531 et seq.), the National Historic Preservation Act 

3 (16 U.S.C. 470 et seq.), and all other applicable laws. 

4 (2) COMPLIANCE BY THE DISTRICT.—Upon the 

5 conveyance of the Goleta Water Distribution System 

6 under this section, the District shall comply with all 

7 applicable Federal, State, and local laws and regula8 tions in its operation of the facilities that are trans9 ferred. 

10 (3) APPLICABLE AUTHORITY.—All provisions of 

11 Federal reclamation law (the Act of June 17, 1902 

12 (43 U.S.C. 371 et seq.) and Acts supplemental to and 

13 amendatory of that Act) shall continue to be applica14 ble to project water provided to the District. 

15 (f) REPORT.—If, 12 months after the date of the enact16 ment of this Act, the Secretary has not completed the con17 veyance required under subsection (b), the Secretary shall 

18 complete a report that states the reason the conveyance has 

19 not been completed and the date by which the conveyance 

20 shall be completed. The Secretary shall submit a report re21 quired under this subsection to Congress not later than 14 

22 months after the date of the enactment of this Act. 
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1 Subtitle D—San Gabriel Basin 

2 Restoration Fund 

3 SEC. 9301. RESTORATION FUND. 

4 Section 110 of division B of the Miscellaneous Appro5 priations Act, 2001 (114 Stat. 2763A–222), as enacted into 

6 law by section 1(a)(4) of the Consolidated Appropriations 

7 Act, 2001 (Public Law 106–554, as amended by Public Law 

8 107–66), is further amended— 

9 (1) in subsection (a)(3)(B), by inserting after 

10 clause (iii) the following: 

11 ‘‘(iv) NON-FEDERAL MATCH.—After 

12 $85,000,000 has cumulatively been appro13 priated under subsection (d)(1), the remain14 der of Federal funds appropriated under 

15 subsection (d) shall be subject to the fol16 lowing matching requirement: 

17 ‘‘(I) SAN GABRIEL BASIN WATER

18 QUALITY AUTHORITY.—The San Ga19 briel Basin Water Quality Authority 

20 shall be responsible for providing a 35 

21 percent non-Federal match for Federal 

22 funds made available to the Authority 

23 under this Act. 

24 ‘‘(II) CENTRAL BASIN MUNICIPAL

25 WATER DISTRICT.—The Central Basin 
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1 Municipal Water District shall be re2 sponsible for providing a 35 percent 

3 non-Federal match for Federal funds 

4 made available to the District under 

5 this Act.’’; 

6 (2) in subsection (a), by adding at the end the 

7 following: 

8 ‘‘(4) INTEREST ON FUNDS IN RESTORATION

9 FUND.—No amounts appropriated above the cumu10 lative amount of $85,000,000 to the Restoration Fund 

11 under subsection (d)(1) shall be invested by the Sec12 retary of the Treasury in interest-bearing securities of 

13 the United States.’’; and 

14 (3) by amending subsection (d) to read as fol15 lows: 

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(1) IN GENERAL.—There is authorized to be ap18 propriated to the Restoration Fund established under 

19 subsection (a) $146,200,000. Such funds shall remain 

20 available until expended. 

21 ‘‘(2) SET-ASIDE.—Of the amounts appropriated 

22 under paragraph (1), no more than $21,200,000 shall 

23 be made available to carry out the Central Basin 

24 Water Quality Project.’’. 
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1 Subtitle E—Lower Colorado River 

2 Multi-Species Conservation Pro3 gram 

4 SEC. 9401. DEFINITIONS. 

5 In this subtitle: 

6 (1) LOWER COLORADO RIVER MULTI-SPECIES

7 CONSERVATION PROGRAM.—The term ‘‘Lower Colo8 rado River Multi-Species Conservation Program’’ or 

9 ‘‘LCR MSCP’’ means the cooperative effort on the 

10 Lower Colorado River between Federal and non-Fed11 eral entities in Arizona, California, and Nevada ap12 proved by the Secretary of the Interior on April 2, 

13 2005. 

14 (2) LOWER COLORADO RIVER.—The term ‘‘Lower 

15 Colorado River’’ means the segment of the Colorado 

16 River within the planning area as provided in section 

17 2(B) of the Implementing Agreement, a Program Doc18 ument. 

19 (3) PROGRAM DOCUMENTS.—The term ‘‘Program 

20 Documents’’ means the Habitat Conservation Plan, 

21 Biological Assessment and Biological and Conference 

22 Opinion, Environmental Impact Statement/Environ23 mental Impact Report, Funding and Management 

24 Agreement, Implementing Agreement, and Section 

25 10(a)(1)(B) Permit issued and, as applicable, exe-
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1 cuted in connection with the LCR MSCP, and any 

2 amendments or successor documents that are devel3 oped consistent with existing agreements and applica4 ble law. 

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

6 the Secretary of the Interior. 

7 (5) STATE.—The term ‘‘State’’ means each of the 

8 States of Arizona, California, and Nevada. 

9 SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING. 

10 (a) IMPLEMENTATION.—The Secretary is authorized to 

11 manage and implement the LCR MSCP in accordance with 

12 the Program Documents. 

13 (b) WATER ACCOUNTING.—The Secretary is authorized 

14 to enter into an agreement with the States providing for 

15 the use of water from the Lower Colorado River for habitat 

16 creation and maintenance in accordance with the Program 

17 Documents. 

18 SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS. 

19 (a) IN GENERAL.—Due to the unique conditions of the 

20 Colorado River, any party to the Funding and Management 

21 Agreement or the Implementing Agreement, and any per22 mittee under the Section 10(a)(1)(B) Permit, may com23 mence a civil action in United States district court to adju24 dicate, confirm, validate or decree the rights and obligations 

25 of the parties under those Program Documents. 
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1 (b) JURISDICTION.—The district court shall have juris2 diction over such actions and may issue such orders, judg3 ments, and decrees as are consistent with the court’s exercise 

4 of jurisdiction under this section. 

5 (c) UNITED STATES AS DEFENDANT.— 

6 (1) IN GENERAL.—The United States or any 

7 agency of the United States may be named as a de8 fendant in such actions. 

9 (2) SOVEREIGN IMMUNITY.—Subject to para10 graph (3), the sovereign immunity of the United 

11 States is waived for purposes of actions commenced 

12 pursuant to this section. 

13 (3) NONWAIVER FOR CERTAIN CLAIMS.—Nothing 

14 in this section waives the sovereign immunity of the 

15 United States to claims for money damages, monetary 

16 compensation, the provision of indemnity, or any 

17 claim seeking money from the United States. 

18 (d) RIGHTS UNDER FEDERAL AND STATE LAW.— 

19 (1) IN GENERAL.—Except as specifically pro20 vided in this section, nothing in this section limits 

21 any rights or obligations of any party under Federal 

22 or State law. 

23 (2) APPLICABILITY TO LOWER COLORADO RIVER

24 MULTI-SPECIES CONSERVATION PROGRAM.—This sec25 tion— 
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1 (A) shall apply only to the Lower Colorado 

2 River Multi-Species Conservation Program; and 

3 (B) shall not affect the terms of, or rights 

4 or obligations under, any other conservation 

5 plan created pursuant to any Federal or State 

6 law. 

7 (e) VENUE.—Any suit pursuant to this section may 

8 be brought in any United States district court in the State 

9 in which any non-Federal party to the suit is situated. 

10 SEC. 9404. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There is authorized to be appro12 priated to the Secretary such sums as may be necessary to 

13 meet the obligations of the Secretary under the Program 

14 Documents, to remain available until expended. 

15 (b) NON-REIMBURSABLE AND NON-RETURNABLE.—All 

16 amounts appropriated to and expended by the Secretary for 

17 the LCR MSCP shall be non-reimbursable and non-return18 able. 

19 Subtitle F—Secure Water 

20 SEC. 9501. FINDINGS. 

21 Congress finds that— 

22 (1) adequate and safe supplies of water are fun23 damental to the health, economy, security, and ecol24 ogy of the United States; 
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1 (2) systematic data-gathering with respect to, 

2 and research and development of, the water resources 

3 of the United States will help ensure the continued ex4 istence of sufficient quantities of water to support— 

5 (A) increasing populations; 

6 (B) economic growth; 

7 (C) irrigated agriculture; 

8 (D) energy production; and 

9 (E) the protection of aquatic ecosystems; 

10 (3) global climate change poses a significant 

11 challenge to the protection and use of the water re12 sources of the United States due to an increased un13 certainty with respect to the timing, form, and geo14 graphical distribution of precipitation, which may 

15 have a substantial effect on the supplies of water for 

16 agricultural, hydroelectric power, industrial, domestic 

17 supply, and environmental needs; 

18 (4) although States bear the primary responsi19 bility and authority for managing the water resources 

20 of the United States, the Federal Government should 

21 support the States, as well as regional, local, and 

22 tribal governments, by carrying out— 

23 (A) nationwide data collection and moni24 toring activities; 

25 (B) relevant research; and 
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1 (C) activities to increase the efficiency of the 

2 use of water in the United States; 

3 (5) Federal agencies that conduct water manage4 ment and related activities have a responsibility— 

5 (A) to take a lead role in assessing risks to 

6 the water resources of the United States (includ7 ing risks posed by global climate change); and 

8 (B) to develop strategies— 

9 (i) to mitigate the potential impacts of 

10 each risk described in subparagraph (A); 

11 and 

12 (ii) to help ensure that the long-term 

13 water resources management of the United 

14 States is sustainable and will ensure sus15 tainable quantities of water; 

16 (6) it is critical to continue and expand research 

17 and monitoring efforts— 

18 (A) to improve the understanding of the 

19 variability of the water cycle; and 

20 (B) to provide basic information nec21 essary— 

22 (i) to manage and efficiently use the 

23 water resources of the United States; and 

24 (ii) to identify new supplies of water 

25 that are capable of being reclaimed; and 
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1 (7) the study of water use is vital— 

2 (A) to the understanding of the impacts of 

3 human activity on water and ecological re4 sources; and 

5 (B) to the assessment of whether available 

6 surface and groundwater supplies will be avail7 able to meet the future needs of the United 

8 States. 

9 SEC. 9502. DEFINITIONS. 

10 In this section: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the National Oce13 anic and Atmospheric Administration. 

14 (2) ADVISORY COMMITTEE.—The term ‘‘Advisory 

15 Committee’’ means the National Advisory Committee 

16 on Water Information established— 

17 (A) under the Office of Management and 

18 Budget Circular 92–01; and 

19 (B) to coordinate water data collection ac20 tivities. 

21 (3) ASSESSMENT PROGRAM.—The term ‘‘assess22 ment program’’ means the water availability and use 

23 assessment program established by the Secretary 

24 under section 9508(a). 
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1 (4) CLIMATE DIVISION.—The term ‘‘climate divi2 sion’’ means 1 of the 359 divisions in the United 

3 States that represents 2 or more regions located with4 in a State that are as climatically homogeneous as 

5 possible, as determined by the Administrator. 

6 (5) COMMISSIONER.—The term ‘‘Commissioner’’ 

7 means the Commissioner of Reclamation. 

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

9 Director of the United States Geological Survey. 

10 (7) ELIGIBLE APPLICANT.—The term ‘‘eligible 

11 applicant’’ means any State, Indian tribe, irrigation 

12 district, water district, or other organization with 

13 water or power delivery authority. 

14 (8) FEDERAL POWER MARKETING ADMINISTRA15 TION.—The term ‘‘Federal Power Marketing Adminis16 tration’’ means— 

17 (A) the Bonneville Power Administration; 

18 (B) the Southeastern Power Administration; 

19 (C) the Southwestern Power Administra20 tion; and 

21 (D) the Western Area Power Administra22 tion. 

23 (9) HYDROLOGIC ACCOUNTING UNIT.—The term 

24 ‘‘hydrologic accounting unit’’ means 1 of the 352 
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1 river basin hydrologic accounting units used by the 

2 United States Geological Survey. 

3 (10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

4 has the meaning given the term in section 4 of the In5 dian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 450b). 

7 (11) MAJOR AQUIFER SYSTEM.—The term 

8 ‘‘major aquifer system’’ means a groundwater system 

9 that is— 

10 (A) identified as a significant groundwater 

11 system by the Director; and 

12 (B) included in the Groundwater Atlas of 

13 the United States, published by the United 

14 States Geological Survey. 

15 (12) MAJOR RECLAMATION RIVER BASIN.— 

16 (A) IN GENERAL.—The term ‘‘major rec17 lamation river basin’’ means each major river 

18 system (including tributaries)— 

19 (i) that is located in a service area of 

20 the Bureau of Reclamation; and 

21 (ii) at which is located a federally au22 thorized project of the Bureau of Reclama23 tion. 

24 (B) INCLUSIONS.—The term ‘‘major rec25 lamation river basin’’ includes— 
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1 (i) the Colorado River; 

2 (ii) the Columbia River; 

3 (iii) the Klamath River; 

4 (iv) the Missouri River; 

5 (v) the Rio Grande; 

6 (vi) the Sacramento River; 

7 (vii) the San Joaquin River; and 

8 (viii) the Truckee River. 

9 (13) NON-FEDERAL PARTICIPANT.—The term 

10 ‘‘non-Federal participant’’ means— 

11 (A) a State, regional, or local authority; 

12 (B) an Indian tribe or tribal organization; 

13 or 

14 (C) any other qualifying entity, such as a 

15 water conservation district, water conservancy 

16 district, or rural water district or association, or 

17 a nongovernmental organization. 

18 (14) PANEL.—The term ‘‘panel’’ means the cli19 mate change and water intragovernmental panel es20 tablished by the Secretary under section 9506(a). 

21 (15) PROGRAM.—The term ‘‘program’’ means the 

22 regional integrated sciences and assessments pro23 gram— 

24 (A) established by the Administrator; and 
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1 (B) that is comprised of 8 regional pro2 grams that use advances in integrated climate 

3 sciences to assist decisionmaking processes. 

4 (16) SECRETARY.— 

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

6 subparagraph (B), the term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (B) EXCEPTIONS.—The term ‘‘Secretary’’ 

9 means— 

10 (i) in the case of sections 9503, 9504, 

11 and 9509, the Secretary of the Interior (act12 ing through the Commissioner); and 

13 (ii) in the case of sections 9507 and 

14 9508, the Secretary of the Interior (acting 

15 through the Director). 

16 (17) SERVICE AREA.—The term ‘‘service area’’ 

17 means any area that encompasses a watershed that 

18 contains a federally authorized reclamation project 

19 that is located in any State or area described in the 

20 first section of the Act of June 17, 1902 (43 U.S.C. 

21 391). 

22 SEC. 9503. RECLAMATION CLIMATE CHANGE AND WATER 

23 PROGRAM. 

24 (a) IN GENERAL.—The Secretary shall establish a cli25 mate change adaptation program— 
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1 (1) to coordinate with the Administrator and 

2 other appropriate agencies to assess each effect of, and 

3 risk resulting from, global climate change with respect 

4 to the quantity of water resources located in a service 

5 area; and 

6 (2) to ensure, to the maximum extent possible, 

7 that strategies are developed at watershed and aquifer 

8 system scales to address potential water shortages, 

9 conflicts, and other impacts to water users located at, 

10 and the environment of, each service area. 

11 (b) REQUIRED ELEMENTS.—In carrying out the pro12 gram described in subsection (a), the Secretary shall— 

13 (1) coordinate with the United States Geological 

14 Survey, the National Oceanic and Atmospheric Ad15 ministration, the program, and each appropriate 

16 State water resource agency, to ensure that the Sec17 retary has access to the best available scientific infor18 mation with respect to presently observed and pro19 jected future impacts of global climate change on 

20 water resources; 

21 (2) assess specific risks to the water supply of 

22 each major reclamation river basin, including any 

23 risk relating to— 

24 (A) a change in snowpack; 
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1 (B) changes in the timing and quantity of 

2 runoff; 

3 (C) changes in groundwater recharge and 

4 discharge; and 

5 (D) any increase in— 

6 (i) the demand for water as a result of 

7 increasing temperatures; and 

8 (ii) the rate of reservoir evaporation; 

9 (3) with respect to each major reclamation river 

10 basin, analyze the extent to which changes in the 

11 water supply of the United States will impact— 

12 (A) the ability of the Secretary to deliver 

13 water to the contractors of the Secretary; 

14 (B) hydroelectric power generation facili15 ties; 

16 (C) recreation at reclamation facilities; 

17 (D) fish and wildlife habitat; 

18 (E) applicable species listed as an endan19 gered, threatened, or candidate species under the 

20 Endangered Species Act of 1973 (16 U.S.C. 1531 

21 et seq.); 

22 (F) water quality issues (including salinity 

23 levels of each major reclamation river basin); 

24 (G) flow and water dependent ecological re25 siliency; and 
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1 (H) flood control management; 

2 (4) in consultation with appropriate non-Federal 

3 participants, consider and develop appropriate strate4 gies to mitigate each impact of water supply changes 

5 analyzed by the Secretary under paragraph (3), in6 cluding strategies relating to— 

7 (A) the modification of any reservoir stor8 age or operating guideline in existence as of the 

9 date of enactment of this Act; 

10 (B) the development of new water manage11 ment, operating, or habitat restoration plans; 

12 (C) water conservation; 

13 (D) improved hydrologic models and other 

14 decision support systems; and 

15 (E) groundwater and surface water storage 

16 needs; and 

17 (5) in consultation with the Director, the Ad18 ministrator, the Secretary of Agriculture (acting 

19 through the Chief of the Natural Resources Conserva20 tion Service), and applicable State water resource 

21 agencies, develop a monitoring plan to acquire and 

22 maintain water resources data— 

23 (A) to strengthen the understanding of 

24 water supply trends; and 
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1 (B) to assist in each assessment and anal2 ysis conducted by the Secretary under para3 graphs (2) and (3). 

4 (c) REPORTING.—Not later than 2 years after the date 

5 of enactment of this Act, and every 5 years thereafter, the 

6 Secretary shall submit to the appropriate committees of 

7 Congress a report that describes— 

8 (1) each effect of, and risk resulting from, global 

9 climate change with respect to the quantity of water 

10 resources located in each major reclamation river 

11 basin; 

12 (2) the impact of global climate change with re13 spect to the operations of the Secretary in each major 

14 reclamation river basin; 

15 (3) each mitigation and adaptation strategy con16 sidered and implemented by the Secretary to address 

17 each effect of global climate change described in para18 graph (1); 

19 (4) each coordination activity conducted by the 

20 Secretary with— 

21 (A) the Director; 

22 (B) the Administrator; 

23 (C) the Secretary of Agriculture (acting 

24 through the Chief of the Natural Resources Con25 servation Service); or 
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1 (D) any appropriate State water resource 

2 agency; and 

3 (5) the implementation by the Secretary of the 

4 monitoring plan developed under subsection (b)(5). 

5 (d) FEASIBILITY STUDIES.— 

6 (1) AUTHORITY OF SECRETARY.—The Secretary, 

7 in cooperation with any non-Federal participant, 

8 may conduct 1 or more studies to determine the feasi9 bility and impact on ecological resiliency of imple10 menting each mitigation and adaptation strategy de11 scribed in subsection (c)(3), including the construc12 tion of any water supply, water management, envi13 ronmental, or habitat enhancement water infrastruc14 ture that the Secretary determines to be necessary to 

15 address the effects of global climate change on water 

16 resources located in each major reclamation river 

17 basin. 

18 (2) COST SHARING.— 

19 (A) FEDERAL SHARE.— 

20 (i) IN GENERAL.—Except as provided 

21 in clause (ii), the Federal share of the cost 

22 of a study described in paragraph (1) shall 

23 not exceed 50 percent of the cost of the 

24 study. 
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1 (ii) EXCEPTION RELATING TO FINAN2 CIAL HARDSHIP.—The Secretary may in3 crease the Federal share of the cost of a 

4 study described in paragraph (1) to exceed 

5 50 percent of the cost of the study if the Sec6 retary determines that, due to a financial 

7 hardship, the non-Federal participant of the 

8 study is unable to contribute an amount 

9 equal to 50 percent of the cost of the study. 

10 (B) NON-FEDERAL SHARE.—The non-Fed11 eral share of the cost of a study described in 

12 paragraph (1) may be provided in the form of 

13 any in-kind services that substantially contribute 

14 toward the completion of the study, as deter15 mined by the Secretary. 

16 (e) NO EFFECT ON EXISTING AUTHORITY.—Nothing 

17 in this section amends or otherwise affects any existing au18 thority under reclamation laws that govern the operation 

19 of any Federal reclamation project. 

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

21 authorized to be appropriated such sums as are necessary 

22 to carry out this section for each of fiscal years 2009 

23 through 2023, to remain available until expended. 
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1 SEC. 9504. WATER MANAGEMENT IMPROVEMENT. 

2 (a) AUTHORIZATION OF GRANTS AND COOPERATIVE

3 AGREEMENTS.— 

4 (1) AUTHORITY OF SECRETARY.—The Secretary 

5 may provide any grant to, or enter into an agreement 

6 with, any eligible applicant to assist the eligible ap7 plicant in planning, designing, or constructing any 

8 improvement— 

9 (A) to conserve water; 

10 (B) to increase water use efficiency; 

11 (C) to facilitate water markets; 

12 (D) to enhance water management, includ13 ing increasing the use of renewable energy in the 

14 management and delivery of water; 

15 (E) to accelerate the adoption and use of 

16 advanced water treatment technologies to in17 crease water supply; 

18 (F) to prevent the decline of species that the 

19 United States Fish and Wildlife Service and Na20 tional Marine Fisheries Service have proposed 

21 for listing under the Endangered Species Act of 

22 1973 (16 U.S.C. 1531 et seq.) (or candidate spe23 cies that are being considered by those agencies 

24 for such listing but are not yet the subject of a 

25 proposed rule); 
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1 (G) to accelerate the recovery of threatened 

2 species, endangered species, and designated crit3 ical habitats that are adversely affected by Fed4 eral reclamation projects or are subject to a re5 covery plan or conservation plan under the En6 dangered Species Act of 1973 (16 U.S.C. 1531 et 

7 seq.) under which the Commissioner of Reclama8 tion has implementation responsibilities; or 

9 (H) to carry out any other activity— 

10 (i) to address any climate-related im11 pact to the water supply of the United 

12 States that increases ecological resiliency to 

13 the impacts of climate change; or 

14 (ii) to prevent any water-related crisis 

15 or conflict at any watershed that has a 

16 nexus to a Federal reclamation project lo17 cated in a service area. 

18 (2) APPLICATION.—To be eligible to receive a 

19 grant, or enter into an agreement with the Secretary 

20 under paragraph (1), an eligible applicant shall— 

21 (A) be located within the States and areas 

22 referred to in the first section of the Act of June 

23 17, 1902 (43 U.S.C. 391); and 

24 (B) submit to the Secretary an application 

25 that includes a proposal of the improvement or 
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1 activity to be planned, designed, constructed, or 

2 implemented by the eligible applicant. 

3 (3) REQUIREMENTS OF GRANTS AND COOPERA4 TIVE AGREEMENTS.— 

5 (A) COMPLIANCE WITH REQUIREMENTS.— 

6 Each grant and agreement entered into by the 

7 Secretary with any eligible applicant under 

8 paragraph (1) shall be in compliance with each 

9 requirement described in subparagraphs (B) 

10 through (F). 

11 (B) AGRICULTURAL OPERATIONS.—In car12 rying out paragraph (1), the Secretary shall not 

13 provide a grant, or enter into an agreement, for 

14 an improvement to conserve irrigation water un15 less the eligible applicant agrees not— 

16 (i) to use any associated water savings 

17 to increase the total irrigated acreage of the 

18 eligible applicant; or 

19 (ii) to otherwise increase the consump20 tive use of water in the operation of the eli21 gible applicant, as determined pursuant to 

22 the law of the State in which the operation 

23 of the eligible applicant is located. 

24 (C) NONREIMBURSABLE FUNDS.—Any 

25 funds provided by the Secretary to an eligible 
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1 applicant through a grant or agreement under 

2 paragraph (1) shall be nonreimbursable. 

3 (D) TITLE TO IMPROVEMENTS.—If an in4 frastructure improvement to a federally owned 

5 facility is the subject of a grant or other agree6 ment entered into between the Secretary and an 

7 eligible applicant under paragraph (1), the Fed8 eral Government shall continue to hold title to 

9 the facility and improvements to the facility. 

10 (E) COST SHARING.— 

11 (i) FEDERAL SHARE.—The Federal 

12 share of the cost of any infrastructure im13 provement or activity that is the subject of 

14 a grant or other agreement entered into be15 tween the Secretary and an eligible appli16 cant under paragraph (1) shall not exceed 

17 50 percent of the cost of the infrastructure 

18 improvement or activity. 

19 (ii) CALCULATION OF NON-FEDERAL

20 SHARE.—In calculating the non-Federal 

21 share of the cost of an infrastructure im22 provement or activity proposed by an eligi23 ble applicant through an application sub24 mitted by the eligible applicant under para25 graph (2), the Secretary shall— 
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1 (I) consider the value of any in2 kind services that substantially con3 tributes toward the completion of the 

4 improvement or activity, as deter5 mined by the Secretary; and 

6 (II) not consider any other 

7 amount that the eligible applicant re8 ceives from a Federal agency. 

9 (iii) MAXIMUM AMOUNT.—The amount 

10 provided to an eligible applicant through a 

11 grant or other agreement under paragraph 

12 (1) shall be not more than $5,000,000. 

13 (iv) OPERATION AND MAINTENANCE

14 COSTS.—The non-Federal share of the cost 

15 of operating and maintaining any infra16 structure improvement that is the subject of 

17 a grant or other agreement entered into be18 tween the Secretary and an eligible appli19 cant under paragraph (1) shall be 100 per20 cent. 

21 (F) LIABILITY.— 

22 (i) IN GENERAL.—Except as provided 

23 under chapter 171 of title 28, United States 

24 Code (commonly known as the ‘‘Federal 

25 Tort Claims Act’’), the United States shall 
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1 not be liable for monetary damages of any 

2 kind for any injury arising out of an act, 

3 omission, or occurrence that arises in rela4 tion to any facility created or improved 

5 under this section, the title of which is not 

6 held by the United States. 

7 (ii) TORT CLAIMS ACT.—Nothing in 

8 this section increases the liability of the 

9 United States beyond that provided in 

10 chapter 171 of title 28, United States Code 

11 (commonly known as the ‘‘Federal Tort 

12 Claims Act’’). 

13 (b) RESEARCH AGREEMENTS.— 

14 (1) AUTHORITY OF SECRETARY.—The Secretary 

15 may enter into 1 or more agreements with any uni16 versity, nonprofit research institution, or organiza17 tion with water or power delivery authority to fund 

18 any research activity that is designed— 

19 (A) to conserve water resources; 

20 (B) to increase the efficiency of the use of 

21 water resources; or 

22 (C) to enhance the management of water re23 sources, including increasing the use of renew24 able energy in the management and delivery of 

25 water. 
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1 (2) TERMS AND CONDITIONS OF SECRETARY.— 

2 (A) IN GENERAL.—An agreement entered 

3 into between the Secretary and any university, 

4 institution, or organization described in para5 graph (1) shall be subject to such terms and con6 ditions as the Secretary determines to be appro7 priate. 

8 (B) AVAILABILITY.—The agreements under 

9 this subsection shall be available to all Reclama10 tion projects and programs that may benefit 

11 from project-specific or programmatic coopera12 tive research and development. 

13 (c) MUTUAL BENEFIT.—Grants or other agreements 

14 made under this section may be for the mutual benefit of 

15 the United States and the entity that is provided the grant 

16 or enters into the cooperative agreement. 

17 (d) RELATIONSHIP TO PROJECT-SPECIFIC AUTHOR18 ITY.—This section shall not supersede any existing project19 specific funding authority. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $200,000,000, to remain available until expended. 

23 SEC. 9505. HYDROELECTRIC POWER ASSESSMENT. 

24 (a) DUTY OF SECRETARY OF ENERGY.—The Secretary 

25 of Energy, in consultation with the Administrator of each 
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1 Federal Power Marketing Administration, shall assess each 

2 effect of, and risk resulting from, global climate change with 

3 respect to water supplies that are required for the genera4 tion of hydroelectric power at each Federal water project 

5 that is applicable to a Federal Power Marketing Adminis6 tration. 

7 (b) ACCESS TO APPROPRIATE DATA.— 

8 (1) IN GENERAL.—In carrying out each assess9 ment under subsection (a), the Secretary of Energy 

10 shall consult with the United States Geological Sur11 vey, the National Oceanic and Atmospheric Adminis12 tration, the program, and each appropriate State 

13 water resource agency, to ensure that the Secretary of 

14 Energy has access to the best available scientific in15 formation with respect to presently observed impacts 

16 and projected future impacts of global climate change 

17 on water supplies that are used to produce hydro18 electric power. 

19 (2) ACCESS TO DATA FOR CERTAIN ASSESS20 MENTS.—In carrying out each assessment under sub21 section (a), with respect to the Bonneville Power Ad22 ministration and the Western Area Power Adminis23 tration, the Secretary of Energy shall consult with the 

24 Commissioner to access data and other information 

25 that— 
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1 (A) is collected by the Commissioner; and 

2 (B) the Secretary of Energy determines to 

3 be necessary for the conduct of the assessment. 

4 (c) REPORT.—Not later than 2 years after the date of 

5 enactment of this Act, and every 5 years thereafter, the Sec6 retary of Energy shall submit to the appropriate committees 

7 of Congress a report that describes— 

8 (1) each effect of, and risk resulting from, global 

9 climate change with respect to— 

10 (A) water supplies used for hydroelectric 

11 power generation; and 

12 (B) power supplies marketed by each Fed13 eral Power Marketing Administration, pursuant 

14 to— 

15 (i) long-term power contracts; 

16 (ii) contingent capacity contracts; and 

17 (iii) short-term sales; and 

18 (2) each recommendation of the Administrator of 

19 each Federal Power Marketing Administration relat20 ing to any change in any operation or contracting 

21 practice of each Federal Power Marketing Adminis22 tration to address each effect and risk described in 

23 paragraph (1), including the use of purchased power 

24 to meet long-term commitments of each Federal Power 

25 Marketing Administration. 
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1 (d) AUTHORITY.—The Secretary of Energy may enter 

2 into contracts, grants, or other agreements with appropriate 

3 entities to carry out this section. 

4 (e) COSTS.— 

5 (1) NONREIMBURSABLE.—Any costs incurred by 

6 the Secretary of Energy in carrying out this section 

7 shall be nonreimbursable. 

8 (2) PMA COSTS.—Each Federal Power Mar9 keting Administration shall incur costs in carrying 

10 out this section only to the extent that appropriated 

11 funds are provided by the Secretary of Energy for 

12 that purpose. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated such sums as are necessary 

15 to carry out this section for each of fiscal years 2009 

16 through 2023, to remain available until expended. 

17 SEC. 9506. CLIMATE CHANGE AND WATER 

18 INTRAGOVERNMENTAL PANEL. 

19 (a) ESTABLISHMENT.—The Secretary and the Admin20 istrator shall establish and lead a climate change and water 

21 intragovernmental panel— 

22 (1) to review the current scientific understanding 

23 of each impact of global climate change on the quan24 tity and quality of freshwater resources of the United 

25 States; and 
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1 (2) to develop any strategy that the panel deter2 mines to be necessary to improve observational capa3 bilities, expand data acquisition, or take other ac4 tions— 

5 (A) to increase the reliability and accuracy 

6 of modeling and prediction systems to benefit 

7 water managers at the Federal, State, and local 

8 levels; and 

9 (B) to increase the understanding of the im10 pacts of climate change on aquatic ecosystems. 

11 (b) MEMBERSHIP.—The panel shall be comprised 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 Envi17 ronment); 

18 (5) the Commissioner; 

19 (6) the Secretary of the Army, acting through the 

20 Chief of Engineers; 

21 (7) the Administrator of the Environmental Pro22 tection Agency; and 

23 (8) the Secretary of Energy. 

24 (c) REVIEW ELEMENTS.—In conducting the review 

25 and developing the strategy under subsection (a), the panel 
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1 shall consult with State water resource agencies, the Advi2 sory Committee, drinking water utilities, water research or3 ganizations, and relevant water user, environmental, and 

4 other nongovernmental organizations— 

5 (1) to assess the extent to which the conduct of 

6 measures of streamflow, groundwater levels, soil mois7 ture, evapotranspiration rates, evaporation rates, 

8 snowpack levels, precipitation amounts, flood risk, 

9 and glacier mass is necessary to improve the under10 standing of the Federal Government and the States 

11 with respect to each impact of global climate change 

12 on water resources; 

13 (2) to identify data gaps in current water moni14 toring networks that must be addressed to improve the 

15 capability of the Federal Government and the States 

16 to measure, analyze, and predict changes to the qual17 ity and quantity of water resources, including flood 

18 risks, that are directly or indirectly affected by global 

19 climate change; 

20 (3) to establish data management and commu21 nication protocols and standards to increase the qual22 ity and efficiency by which each Federal agency ac23 quires and reports relevant data; 
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1 (4) to consider options for the establishment of a 

2 data portal to enhance access to water resource 

3 data— 

4 (A) relating to each nationally significant 

5 freshwater watershed and aquifer located in the 

6 United States; and 

7 (B) that is collected by each Federal agency 

8 and any other public or private entity for each 

9 nationally significant freshwater watershed and 

10 aquifer located in the United States; 

11 (5) to facilitate the development of hydrologic 

12 and other models to integrate data that reflects 

13 groundwater and surface water interactions; and 

14 (6) to apply the hydrologic and other models de15 veloped under paragraph (5) to water resource man16 agement problems identified by the panel, including 

17 the need to maintain or improve ecological resiliency 

18 at watershed and aquifer system scales. 

19 (d) REPORT.—Not later than 2 years after the date 

20 of enactment of this Act, the Secretary shall submit to the 

21 appropriate committees of Congress a report that describes 

22 the review conducted, and the strategy developed, by the 

23 panel under subsection (a). 

24 (e) DEMONSTRATION, RESEARCH, AND METHODOLOGY

25 DEVELOPMENT PROJECTS.— 
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1 (1) AUTHORITY OF SECRETARY.—The Secretary, 

2 in consultation with the panel and the Advisory Com3 mittee, may provide grants to, or enter into any con4 tract, cooperative agreement, interagency agreement, 

5 or other transaction with, an appropriate entity to 

6 carry out any demonstration, research, or method7 ology development project that the Secretary deter8 mines to be necessary to assist in the implementation 

9 of the strategy developed by the panel under sub10 section (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 develop15 ment 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 $1,000,000. 

20 (B) REPORT.—An appropriate entity that 

21 receives funds from a grant, contract, cooperative 

22 agreement, interagency agreement, or other 

23 transaction entered into between the Secretary 

24 and the appropriate entity under paragraph (1) 

25 shall submit to the Secretary a report describing 
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1 the results of the demonstration, research, or 

2 methodology development project conducted by 

3 the appropriate entity. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—There is authorized to be ap6 propriated to carry out subsections (a) through (d) 

7 $2,000,000 for each of fiscal years 2009 through 2011, 

8 to remain available until expended. 

9 (2) DEMONSTRATION, RESEARCH, AND METHOD10 OLOGY DEVELOPMENT PROJECTS.—There is author11 ized to be appropriated to carry out subsection (e) 

12 $10,000,000 for the period of fiscal years 2009 

13 through 2013, to remain available until expended. 

14 SEC. 9507. WATER DATA ENHANCEMENT BY UNITED STATES 

15 GEOLOGICAL SURVEY. 

16 (a) NATIONAL STREAMFLOW INFORMATION PRO17 GRAM.— 

18 (1) IN GENERAL.—The Secretary, in consultation 

19 with the Advisory Committee and the Panel and con20 sistent with this section, shall proceed with implemen21 tation of the national streamflow information pro22 gram, as reviewed by the National Research Council 

23 in 2004. 
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1 (2) REQUIREMENTS.—In conducting the na2 tional streamflow information program, the Secretary 

3 shall— 

4 (A) measure streamflow and related envi5 ronmental variables in nationally significant 

6 watersheds— 

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 changes 

21 in streamflow; and 

22 (ii) the conduct of assessments to deter23 mine the extent to which each long-term 

24 change monitored under clause (i) is related 

25 to global climate change; 
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1 (D) integrate the national streamflow infor2 mation program with data collection activities of 

3 Federal agencies and appropriate State water re4 source agencies (including the National Inte5 grated 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 in16 formation collected under the national 

17 streamflow information program to assess wheth18 er the objectives of the national streamflow infor19 mation program are being adequately addressed. 

20 (3) IMPROVED METHODOLOGIES.—The Secretary 

21 shall— 

22 (A) improve methodologies relating to the 

23 analysis and delivery of data; and 

24 (B) investigate, develop, and implement 

25 new methodologies and technologies to estimate 
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1 or measure streamflow in a more cost-efficient 

2 manner. 

3 (4) NETWORK ENHANCEMENT.— 

4 (A) IN GENERAL.—Not later than 10 years 

5 after the date of enactment of this Act, in accord6 ance with subparagraph (B), the Secretary 

7 shall— 

8 (i) increase the number of streamgages 

9 funded by the national streamflow informa10 tion program to a quantity of not less than 

11 4,700 sites; and 

12 (ii) ensure all streamgages are flood13 hardened and equipped with water-quality 

14 sensors and modernized telemetry. 

15 (B) REQUIREMENTS OF SITES.—Each site 

16 described in subparagraph (A) shall conform 

17 with the National Streamflow Information Pro18 gram plan as reviewed by the National Research 

19 Council. 

20 (5) FEDERAL SHARE.—The Federal share of the 

21 national streamgaging network established pursuant 

22 to this subsection shall be 100 percent of the cost of 

23 carrying out the national streamgaging network. 

24 (6) AUTHORIZATION OF APPROPRIATIONS.— 
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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), there are authorized to be ap3 propriated such sums as are necessary to operate 

4 the national streamflow information program for 

5 the period of fiscal years 2009 through 2023, to 

6 remain available until expended. 

7 (B) NETWORK ENHANCEMENT FUNDING.— 

8 There is authorized to be appropriated to carry 

9 out the network enhancements described in para10 graph (4) $10,000,000 for each of fiscal years 

11 2009 through 2019, to remain available until ex12 pended. 

13 (b) NATIONAL GROUNDWATER RESOURCES MONI14 TORING.— 

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

16 systematic groundwater monitoring program for each 

17 major aquifer system located in the United States. 

18 (2) PROGRAM ELEMENTS.—In developing the 

19 monitoring program described in paragraph (1), the 

20 Secretary shall— 

21 (A) establish appropriate criteria for moni22 toring wells to ensure the acquisition of long23 term, high-quality data sets, including, to the 

24 maximum extent possible, the inclusion of real25 time instrumentation and reporting; 
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1 (B) in coordination with the Advisory Com2 mittee and State and local water resource agen3 cies— 

4 (i) assess the current scope of ground5 water monitoring based on the access avail6 ability and capability of each monitoring 

7 well in existence as of the date of enactment 

8 of this Act; and 

9 (ii) develop and carry out a moni10 toring plan that maximizes coverage for 

11 each major aquifer system that is located in 

12 the United States; and 

13 (C) prior to initiating any specific moni14 toring activities within a State after the date of 

15 enactment of this Act, consult and coordinate 

16 with the applicable State water resource agency 

17 with jurisdiction over the aquifer that is the sub18 ject of the monitoring activities, and comply 

19 with all applicable laws (including regulations) 

20 of the State. 

21 (3) PROGRAM OBJECTIVES.—In carrying out the 

22 monitoring program described in paragraph (1), the 

23 Secretary shall— 
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1 (A) provide data that is necessary for the 

2 improvement of understanding with respect to 

3 surface water and groundwater interactions; 

4 (B) by expanding the network of monitoring 

5 wells to reach each climate division, support the 

6 groundwater climate response network to im7 prove the understanding of the effects of global 

8 climate change on groundwater recharge and 

9 availability; and 

10 (C) support the objectives of the assessment 

11 program. 

12 (4) IMPROVED METHODOLOGIES.—The Secretary 

13 shall— 

14 (A) improve methodologies relating to the 

15 analysis and delivery of data; and 

16 (B) investigate, develop, and implement 

17 new methodologies and technologies to estimate 

18 or measure groundwater recharge, discharge, and 

19 storage in a more cost-efficient manner. 

20 (5) FEDERAL SHARE.—The Federal share of the 

21 monitoring program described in paragraph (1) may 

22 be 100 percent of the cost of carrying out the moni23 toring program. 

24 (6) PRIORITY.—In selecting monitoring activi25 ties consistent with the monitoring program described 
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1 in paragraph (1), the Secretary shall give priority to 

2 those activities for which a State or local govern3 mental entity agrees to provide for a substantial 

4 share of the cost of establishing or operating a moni5 toring well or other measuring device to carry out a 

6 monitoring activity. 

7 (7) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated such sums as 

9 are necessary to carry out this subsection for the pe10 riod of fiscal years 2009 through 2023, to remain 

11 available until expended. 

12 (c) BRACKISH GROUNDWATER ASSESSMENT.— 

13 (1) STUDY.—The Secretary, in consultation with 

14 State and local water resource agencies, shall conduct 

15 a study of available data and other relevant informa16 tion— 

17 (A) to identify significant brackish ground18 water resources located in the United States; and 

19 (B) to consolidate any available data relat20 ing to each groundwater resource identified 

21 under subparagraph (A). 

22 (2) REPORT.—Not later than 2 years after the 

23 date of enactment of this Act, the Secretary shall sub24 mit to the appropriate committees of Congress a re25 port that includes— 
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1 (A) a description of each— 

2 (i) significant brackish aquifer that is 

3 located in the United States (including 1 or 

4 more maps of each significant brackish aq5 uifer that is located in the United States); 

6 (ii) data gap that is required to be ad7 dressed to fully characterize each brackish 

8 aquifer described in clause (i); and 

9 (iii) current use of brackish ground10 water that is supplied by each brackish aq11 uifer described in clause (i); and 

12 (B) a summary of the information available 

13 as of the date of enactment of this Act with re14 spect to each brackish aquifer described in sub15 paragraph (A)(i) (including the known level of 

16 total dissolved solids in each brackish aquifer). 

17 (3) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to carry out 

19 this subsection $3,000,000 for the period of fiscal 

20 years 2009 through 2011, to remain available until 

21 expended. 

22 (d) IMPROVED WATER ESTIMATION, MEASUREMENT, 

23 AND MONITORING TECHNOLOGIES.— 

24 (1) AUTHORITY OF SECRETARY.—The Secretary 

25 may provide grants on a nonreimbursable basis to 
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1 appropriate entities with expertise in water resource 

2 data acquisition and reporting, including Federal 

3 agencies, the Water Resources Research Institutes and 

4 other academic institutions, and private entities, to— 

5 (A) investigate, develop, and implement new 

6 methodologies and technologies to estimate or 

7 measure water resources data in a cost-efficient 

8 manner; and 

9 (B) improve methodologies relating to the 

10 analysis and delivery of data. 

11 (2) PRIORITY.—In providing grants to appro12 priate entities under paragraph (1), the Secretary 

13 shall give priority to appropriate entities that pro14 pose the development of new methods and technologies 

15 for— 

16 (A) predicting and measuring streamflows; 

17 (B) estimating changes in the storage of 

18 groundwater; 

19 (C) improving data standards and methods 

20 of analysis (including the validation of data en21 tered into geographic information system data22 bases); 

23 (D) measuring precipitation and potential 

24 evapotranspiration; and 
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1 (E) water withdrawals, return flows, and 

2 consumptive use. 

3 (3) PARTNERSHIPS.—In recognition of the value 

4 of collaboration to foster innovation and enhance re5 search and development efforts, the Secretary shall en6 courage partnerships, including public-private part7 nerships, between and among Federal agencies, aca8 demic institutions, and private entities to promote the 

9 objectives described in paragraph (1). 

10 (4) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to carry out 

12 this subsection $5,000,000 for each of fiscal years 

13 2009 through 2019. 

14 SEC. 9508. NATIONAL WATER AVAILABILITY AND USE AS15 SESSMENT PROGRAM. 

16 (a) ESTABLISHMENT.—The Secretary, in coordination 

17 with the Advisory Committee and State and local water re18 source agencies, shall establish a national assessment pro19 gram to be known as the ‘‘national water availability and 

20 use assessment program’’— 

21 (1) to provide a more accurate assessment of the 

22 status of the water resources of the United States; 

23 (2) to assist in the determination of the quantity 

24 of water that is available for beneficial uses; 
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1 (3) to assist in the determination of the quality 

2 of the water resources of the United States; 

3 (4) to identify long-term trends in water avail4 ability; 

5 (5) to use each long-term trend described in 

6 paragraph (4) to provide a more accurate assessment 

7 of the change in the availability of water in the 

8 United States; and 

9 (6) to develop the basis for an improved ability 

10 to forecast the availability of water for future eco11 nomic, energy production, and environmental uses. 

12 (b) PROGRAM ELEMENTS.— 

13 (1) WATER USE.—In carrying out the assessment 

14 program, the Secretary shall conduct any appropriate 

15 activity to carry out an ongoing assessment of water 

16 use in hydrologic accounting units and major aquifer 

17 systems located in the United States, including— 

18 (A) the maintenance of a comprehensive na19 tional water use inventory to enhance the level of 

20 understanding with respect to the effects of spa21 tial and temporal patterns of water use on the 

22 availability and sustainable use of water re23 sources; 

24 (B) the incorporation of water use science 

25 principles, with an emphasis on applied research 
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1 and statistical estimation techniques in the as2 sessment of water use; 

3 (C) the integration of any dataset main4 tained by any other Federal or State agency into 

5 the dataset maintained by the Secretary; and 

6 (D) a focus on the scientific integration of 

7 any data relating to water use, water flow, or 

8 water quality to generate relevant information 

9 relating to the impact of human activity on 

10 water and ecological resources. 

11 (2) WATER AVAILABILITY.—In carrying out the 

12 assessment program, the Secretary shall conduct an 

13 ongoing assessment of water availability by— 

14 (A) developing and evaluating nationally 

15 consistent indicators that reflect each status and 

16 trend relating to the availability of water re17 sources in the United States, including— 

18 (i) surface water indicators, such as 

19 streamflow and surface water storage meas20 ures (including lakes, reservoirs, perennial 

21 snowfields, and glaciers); 

22 (ii) groundwater indicators, including 

23 groundwater level measurements and 

24 changes in groundwater levels due to— 

25 (I) natural recharge; 
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1 (II) withdrawals; 

2 (III) saltwater intrusion; 

3 (IV) mine dewatering; 

4 (V) land drainage; 

5 (VI) artificial recharge; and 

6 (VII) other relevant factors, as de7 termined by the Secretary; and 

8 (iii) impaired surface water and 

9 groundwater supplies that are known, acces10 sible, and used to meet ongoing water de11 mands; 

12 (B) maintaining a national database of 

13 water availability data that— 

14 (i) is comprised of maps, reports, and 

15 other forms of interpreted data; 

16 (ii) provides electronic access to the 

17 archived data of the national database; and 

18 (iii) provides for real-time data collec19 tion; and 

20 (C) developing and applying predictive 

21 modeling tools that integrate groundwater, sur22 face water, and ecological systems. 

23 (c) GRANT PROGRAM.— 
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1 (1) AUTHORITY OF SECRETARY.—The Secretary 

2 may provide grants to State water resource agencies 

3 to assist State water resource agencies in— 

4 (A) developing water use and availability 

5 datasets that are integrated with each appro6 priate dataset developed or maintained by the 

7 Secretary; or 

8 (B) integrating any water use or water 

9 availability dataset of the State water resource 

10 agency into each appropriate dataset developed 

11 or maintained by the Secretary. 

12 (2) CRITERIA.—To be eligible to receive a grant 

13 under paragraph (1), a State water resource agency 

14 shall demonstrate to the Secretary that the water use 

15 and availability dataset proposed to be established or 

16 integrated by the State water resource agency— 

17 (A) is in compliance with each quality and 

18 conformity standard established by the Secretary 

19 to ensure that the data will be capable of inte20 gration with any national dataset; and 

21 (B) will enhance the ability of the officials 

22 of the State or the State water resource agency 

23 to carry out each water management and regu24 latory responsibility of the officials of the State 
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1 in accordance with each applicable law of the 

2 State. 

3 (3) MAXIMUM AMOUNT.—The amount of a grant 

4 provided to a State water resource agency under 

5 paragraph (1) shall be an amount not more than 

6 $250,000. 

7 (d) REPORT.—Not later than December 31, 2012, and 

8 every 5 years thereafter, the Secretary shall submit to the 

9 appropriate committees of Congress a report that provides 

10 a detailed assessment of— 

11 (1) the current availability of water resources in 

12 the United States, including— 

13 (A) historic trends and annual updates of 

14 river basin inflows and outflows; 

15 (B) surface water storage; 

16 (C) groundwater reserves; and 

17 (D) estimates of undeveloped potential re18 sources (including saline and brackish water and 

19 wastewater); 

20 (2) significant trends affecting water avail21 ability, including each documented or projected im22 pact to the availability of water as a result of global 

23 climate change; 

24 (3) the withdrawal and use of surface water and 

25 groundwater by various sectors, including— 
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1 (A) the agricultural sector; 

2 (B) municipalities; 

3 (C) the industrial sector; 

4 (D) thermoelectric power generators; and 

5 (E) hydroelectric power generators; 

6 (4) significant trends relating to each water use 

7 sector, including significant changes in water use due 

8 to the development of new energy supplies; 

9 (5) significant water use conflicts or shortages 

10 that have occurred or are occurring; and 

11 (6) each factor that has caused, or is causing, a 

12 conflict or shortage described in paragraph (5). 

13 (e) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) IN GENERAL.—There is authorized to be ap15 propriated to carry out subsections (a), (b), and (d) 

16 $20,000,000 for each of fiscal years 2009 through 

17 2023, to remain available until expended. 

18 (2) GRANT PROGRAM.—There is authorized to be 

19 appropriated to carry out subsection (c) $12,500,000 

20 for the period of fiscal years 2009 through 2013, to 

21 remain available until expended. 

22 SEC. 9509. RESEARCH AGREEMENT AUTHORITY. 

23 The Secretary may enter into contracts, grants, or co24 operative agreements, for periods not to exceed 5 years, to 

25 carry out research within the Bureau of Reclamation. 
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1 SEC. 9510. EFFECT. 

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

3 or limits any existing authority provided, or responsibility 

4 conferred, by any provision of law. 

5 (b) EFFECT ON STATE WATER LAW.— 

6 (1) IN GENERAL.—Nothing in this subtitle pre7 empts or affects any— 

8 (A) State water law; or 

9 (B) interstate compact governing water. 

10 (2) COMPLIANCE REQUIRED.—The Secretary 

11 shall comply with applicable State water laws in car12 rying out this subtitle. 

13 Subtitle G—Aging Infrastructure 

14 SEC. 9601 DEFINITIONS. 

15 In this subtitle: 

16 (1) INSPECTION.—The term ‘‘inspection’’ means 

17 an inspection of a project facility carried out by the 

18 Secretary— 

19 (A) to assess and determine the general con20 dition of the project facility; and 

21 (B) to estimate the value of property, and 

22 the size of the population, that would be at risk 

23 if the project facility fails, is breached, or other24 wise allows flooding to occur. 

25 (2) PROJECT FACILITY.—The term ‘‘project facil26 ity’’ means any part or incidental feature of a 
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1 project, excluding high- and significant-hazard dams, 

2 constructed under the Federal reclamation law (the 

3 Act of June 17, 1902 (32 Stat. 388, chapter 1093), 

4 and Acts supplemental to and amendatory of that Act 

5 (43 U.S.C. 371 et seq.). 

6 (3) RESERVED WORKS.—The term ‘‘reserved 

7 works’’ mean any project facility at which the Sec8 retary carries out the operation and maintenance of 

9 the project facility. 

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

11 the Secretary of the Interior, acting through the Com12 missioner of Reclamation. 

13 (5) TRANSFERRED WORKS.—The term ‘‘trans14 ferred works’’ means a project facility, the operation 

15 and maintenance of which is carried out by a non16 Federal entity, under the provisions of a formal oper17 ation and maintenance transfer contract. 

18 (6) TRANSFERRED WORKS OPERATING ENTITY.— 

19 The term ‘‘transferred works operating entity’’ means 

20 the organization which is contractually responsible 

21 for operation and maintenance of transferred works. 

22 (7) EXTRAORDINARY OPERATION AND MAINTE23 NANCE WORK.—The term ‘‘extraordinary operation 

24 and maintenance work’’ means major, nonrecurring 
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1 maintenance to Reclamation-owned or operated facili2 ties, or facility components, that is— 

3 (A) intended to ensure the continued safe, 

4 dependable, and reliable delivery of authorized 

5 project benefits; and 

6 (B) greater than 10 percent of the contrac7 tor’s or the transferred works operating entity’s 

8 annual operation and maintenance budget for 

9 the facility, or greater than $100,000. 

10 SEC. 9602. GUIDELINES AND INSPECTION OF PROJECT FA11 CILITIES AND TECHNICAL ASSISTANCE TO 

12 TRANSFERRED WORKS OPERATING ENTITIES. 

13 (a) GUIDELINES AND INSPECTIONS.— 

14 (1) DEVELOPMENT OF GUIDELINES.—Not later 

15 than 1 year after the date of enactment of this Act, 

16 the Secretary in consultation with transferred works 

17 operating entities shall develop, consistent with exist18 ing transfer contracts, specific inspection guidelines 

19 for project facilities which are in proximity to urban20 ized areas and which could pose a risk to public safe21 ty or property damage if such project facilities were 

22 to fail. 

23 (2) CONDUCT OF INSPECTIONS.—Not later than 

24 3 years after the date of enactment of this Act, the 

25 Secretary shall conduct inspections of those project fa-
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1 cilities, which are in proximity to urbanized areas 

2 and which could pose a risk to public safety or prop3 erty damage if such facilities were to fail, using such 

4 specific inspection guidelines and criteria developed 

5 pursuant to paragraph (1). In selecting project facili6 ties to inspect, the Secretary shall take into account 

7 the potential magnitude of public safety and economic 

8 damage posed by each project facility. 

9 (3) TREATMENT OF COSTS.—The costs incurred 

10 by the Secretary in conducting these inspections shall 

11 be nonreimbursable. 

12 (b) USE OF INSPECTION DATA.—The Secretary shall 

13 use the data collected through the conduct of the inspections 

14 under subsection (a)(2) to— 

15 (1) provide recommendations to the transferred 

16 works operating entities for improvement of operation 

17 and maintenance processes, operating procedures in18 cluding operation guidelines consistent with existing 

19 transfer contracts, and structural modifications to 

20 those transferred works; 

21 (2) determine an appropriate inspection fre22 quency for such nondam project facilities which shall 

23 not exceed 6 years; and 

24 (3) provide, upon request of transferred work op25 erating entities, local governments, or State agencies, 
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1 information regarding potential hazards posed by ex2 isting or proposed residential, commercial, industrial 

3 or public-use development adjacent to project facili4 ties. 

5 (c) TECHNICAL ASSISTANCE TO TRANSFERRED WORKS

6 OPERATING ENTITIES.— 

7 (1) AUTHORITY OF SECRETARY TO PROVIDE

8 TECHNICAL ASSISTANCE.—The Secretary is author9 ized, at the request of a transferred works operating 

10 entity in proximity to an urbanized area, to provide 

11 technical assistance to accomplish the following, if 

12 consistent with existing transfer contracts: 

13 (A) Development of documented operating 

14 procedures for a project facility. 

15 (B) Development of documented emergency 

16 notification and response procedures for a 

17 project facility. 

18 (C) Development of facility inspection cri19 teria for a project facility. 

20 (D) Development of a training program on 

21 operation and maintenance requirements and 

22 practices for a project facility for a transferred 

23 works operating entity’s workforce. 
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1 (E) Development of a public outreach plan 

2 on the operation and risks associated with a 

3 project facility. 

4 (F) Development of any other plans or doc5 umentation which, in the judgment of the Sec6 retary, will contribute to public safety and the 

7 sage operation of a project facility. 

8 (2) COSTS.—The Secretary is authorized to pro9 vide, on a non-reimbursable basis, up to 50 percent 

10 of the cost of such technical assistance, with the bal11 ance of such costs being advanced by the transferred 

12 works operating entity or other non-Federal source. 

13 The non-Federal 50 percent minimum cost share for 

14 such technical assistance may be in the form of in15 lieu contributions of resources by the transferred 

16 works operating entity or other non-Federal source. 

17 SEC. 9603. EXTRAORDINARY OPERATION AND MAINTE18 NANCE WORK PERFORMED BY THE SEC19 RETARY. 

20 (a) IN GENERAL.—The Secretary or the transferred 

21 works operating entity may carry out, in accordance with 

22 subsection (b) and consistent with existing transfer con23 tracts, any extraordinary operation and maintenance work 

24 on a project facility that the Secretary determines to be rea-
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1 sonably required to preserve the structural safety of the 

2 project facility. 

3 (b) REIMBURSEMENT OF COSTS ARISING FROM EX4 TRAORDINARY OPERATION AND MAINTENANCE WORK.— 

5 (1) TREATMENT OF COSTS.—For reserved works, 

6 costs incurred by the Secretary in conducting extraor7 dinary operation and maintenance work will be allo8 cated to the authorized reimbursable purposes of the 

9 project and shall be repaid within 50 years, with in10 terest, from the year in which work undertaken pur11 suant to this subtitle is substantially complete. 

12 (2) AUTHORITY OF SECRETARY.—For transferred 

13 works, the Secretary is authorized to advance the costs 

14 incurred by the transferred works operating entity in 

15 conducting extraordinary operation and maintenance 

16 work and negotiate appropriate 50-year repayment 

17 contracts with project beneficiaries providing for the 

18 return of reimbursable costs, with interest, under this 

19 subsection: Provided, however, That no contract en20 tered into pursuant to this subtitle shall be deemed to 

21 be a new or amended contract for the purposes of sec22 tion 203(a) of the Reclamation Reform Act of 1982 

23 (43 U.S.C. 390cc(a)). 

24 (3) DETERMINATION OF INTEREST RATE.—The 

25 interest rate used for computing interest on work in 
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1 progress and interest on the unpaid balance of the re2 imbursable costs of extraordinary operation and 

3 maintenance work authorized by this subtitle shall be 

4 determined by the Secretary of the Treasury, as of the 

5 beginning of the fiscal year in which extraordinary 

6 operation and maintenance work is commenced, on 

7 the basis of average market yields on outstanding 

8 marketable obligations of the United States with the 

9 remaining periods of maturity comparable to the ap10 plicable reimbursement period of the project, adjusted 

to the nearest 1 11 ⁄8 of 1 percent on the unamortized bal12 ance of any portion of the loan. 

13 (c) EMERGENCY EXTRAORDINARY OPERATION AND

14 MAINTENANCE WORK.— 

15 (1) IN GENERAL.—The Secretary or the trans16 ferred works operating entity shall carry out any 

17 emergency extraordinary operation and maintenance 

18 work on a project facility that the Secretary deter19 mines to be necessary to minimize the risk of immi20 nent harm to public health or safety, or property. 

21 (2) REIMBURSEMENT.—The Secretary may ad22 vance funds for emergency extraordinary operation 

23 and maintenance work and shall seek reimbursement 

24 from the transferred works operating entity or benefit25 ting entity upon receiving a written assurance from 
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1 the governing body of such entity that it will nego2 tiate a contract pursuant to section 9603 for repay3 ment of costs incurred by the Secretary in under4 taking such work. 

5 (3) FUNDING.—If the Secretary determines that 

6 a project facility inspected and maintained pursuant 

7 to the guidelines and criteria set forth in section 

8 9602(a) requires extraordinary operation and main9 tenance pursuant to paragraph (1), the Secretary 

10 may provide Federal funds on a nonreimbursable 

11 basis sufficient to cover 35 percent of the cost of the 

12 extraordinary operation and maintenance allocable to 

13 the transferred works operating entity, which is need14 ed to minimize the risk of imminent harm. The re15 maining share of the Federal funds advanced by the 

16 Secretary for such work shall be repaid under sub17 section (b). 

18 SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CENTURY 

19 WATER WORKS ACT. 

20 Nothing in this subtitle shall preclude a transferred 

21 works operating entity from applying and receiving a loan22 guarantee pursuant to the Twenty-First Century Water 

23 Works Act (43 U.S.C. 2401 et seq.). 
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1 SEC. 9605. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums as 

3 are necessary to carry out this subtitle. 

4 TITLE X—WATER SETTLEMENTS 

5 Subtitle A—San Joaquin River 

6 Restoration Settlement 

7 PART I—SAN JOAQUIN RIVER RESTORATION 

8 SETTLEMENT ACT 

9 SEC. 10001. SHORT TITLE. 

10 This part may be cited as the ‘‘San Joaquin River 

11 Restoration Settlement Act’’. 

12 SEC. 10002. PURPOSE. 

13 The purpose of this part is to authorize implementa14 tion of the Settlement. 

15 SEC. 10003. DEFINITIONS. 

16 In this part: 

17 (1) The terms ‘‘Friant Division long-term con18 tractors’’, ‘‘Interim Flows’’, ‘‘Restoration Flows’’, 

19 ‘‘Recovered Water Account’’, ‘‘Restoration Goal’’, and 

20 ‘‘Water Management Goal’’ have the meanings given 

21 the terms in the Settlement. 

22 (2) The term ‘‘Secretary’’ means the Secretary of 

23 the Interior. 

24 (3) The term ‘‘Settlement’’ means the Stipulation 

25 of Settlement dated September 13, 2006, in the litiga26 tion entitled Natural Resources Defense Council, et al. 
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1 v. Kirk Rodgers, et al., United States District Court, 

2 Eastern District of California, No. CIV. S–88–1658– 

3 LKK/GGH. 

4 SEC. 10004. IMPLEMENTATION OF SETTLEMENT. 

5 (a) IN GENERAL.—The Secretary of the Interior is 

6 hereby authorized and directed to implement the terms and 

7 conditions of the Settlement in cooperation with the State 

8 of California, including the following measures as these 

9 measures are prescribed in the Settlement: 

10 (1) Design and construct channel and structural 

11 improvements as described in paragraph 11 of the 

12 Settlement, provided, however, that the Secretary 

13 shall not make or fund any such improvements to fa14 cilities or property of the State of California without 

15 the approval of the State of California and the State’s 

16 agreement in 1 or more memoranda of understanding 

17 to participate where 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 ac21 quire water as described in paragraph 13 of the Set22 tlement, provided, however, such acquisitions shall 

23 only be made from willing sellers and not through 

24 eminent domain. 
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1 (4) Implement the terms and conditions of para2 graph 16 of the Settlement related to recirculation, re3 capture, reuse, exchange, or transfer of water released 

4 for Restoration Flows or Interim Flows, for the pur5 pose of accomplishing the Water Management Goal of 

6 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 of 

18 Water Resources of the State of California for the 

19 coordinated operation of the Central Valley 

20 Project and the State Water Project as author21 ized by Congress in section 2(d) of the Act of Au22 gust 26, 1937 (50 Stat. 850, 100 Stat. 3051), in23 cluding any agreement to resolve conflicts aris24 ing from said Agreement. 
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1 (5) Develop and implement the Recovered Water 

2 Account as specified in paragraph 16(b) of the Settle3 ment, including the pricing and payment crediting 

4 provisions described in paragraph 16(b)(3) of the Set5 tlement, provided that all other provisions of Federal 

6 reclamation law shall remain applicable. 

7 (b) AGREEMENTS.— 

8 (1) AGREEMENTS WITH THE STATE.—In order to 

9 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 au14 thorized to enter into contracts, memoranda of under15 standing, financial assistance agreements, cost shar16 ing agreements, and other appropriate agreements 

17 with State, tribal, and local governmental agencies, 

18 and with private parties, including agreements re19 lated to construction, improvement, and operation 

20 and maintenance of facilities, subject to any terms 

21 and conditions that the Secretary deems necessary to 

22 achieve the purposes of the Settlement. 

23 (c) ACCEPTANCE AND EXPENDITURE OF NON-FEDERAL

24 FUNDS.—The Secretary is authorized to accept and expend 
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1 non-Federal funds in order to facilitate implementation of 

2 the Settlement. 

3 (d) MITIGATION OF IMPACTS.—Prior to the implemen4 tation of decisions or agreements to construct, improve, op5 erate, or maintain facilities that the Secretary determines 

6 are needed to implement the Settlement, the Secretary shall 

7 identify— 

8 (1) the impacts associated with such actions; and 

9 (2) the measures which shall be implemented to 

10 mitigate impacts on adjacent and downstream water 

11 users and landowners. 

12 (e) DESIGN AND ENGINEERING STUDIES.—The Sec13 retary is authorized to conduct any design or engineering 

14 studies that are necessary to implement the Settlement. 

15 (f) EFFECT ON CONTRACT WATER ALLOCATIONS.—Ex16 cept as otherwise provided in this section, the implementa17 tion of the Settlement and the reintroduction of California 

18 Central Valley Spring Run Chinook salmon pursuant to 

19 the Settlement and section 10011, shall not result in the 

20 involuntary reduction in contract water allocations to Cen21 tral Valley Project long-term contractors, other than Friant 

22 Division long-term contractors. 

23 (g) EFFECT ON EXISTING WATER CONTRACTS.—Ex24 cept as provided in the Settlement and this part, nothing 

25 in this part shall modify or amend the rights and obliga-
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† HR 146 EAS 

1 tions of the parties to any existing water service, repay2 ment, purchase, or exchange contract. 

3 (h) INTERIM FLOWS.— 

4 (1) STUDY REQUIRED.—Prior to releasing any 

5 Interim Flows under the Settlement, the Secretary 

6 shall prepare an analysis in compliance with the Na7 tional Environmental Policy Act of 1969 (42 U.S.C. 

8 4321 et seq.), including at a minimum— 

9 (A) an analysis of channel conveyance ca10 pacities and potential for levee or groundwater 

11 seepage; 

12 (B) a description of the associated seepage 

13 monitoring program; 

14 (C) an evaluation of— 

15 (i) possible impacts associated with the 

16 release of Interim Flows; and 

17 (ii) mitigation measures for those im18 pacts that are determined to be significant; 

19 (D) a description of the associated flow 

20 monitoring program; and 

21 (E) an analysis of the likely Federal costs, 

22 if any, of any fish screens, fish bypass facilities, 

23 fish salvage facilities, and related operations on 

24 the San Joaquin River south of the confluence 

25 with the Merced River required under the En-
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1 dangered Species Act of 1973 (16 U.S.C. 1531 et 

2 seq.) as a result of the Interim Flows. 

3 (2) CONDITIONS FOR RELEASE.—The Secretary 

4 is authorized to release Interim Flows to the extent 

5 that such flows would not— 

6 (A) impede or delay completion of the meas7 ures specified in Paragraph 11(a) of the Settle8 ment; or 

9 (B) exceed existing downstream channel ca10 pacities. 

11 (3) SEEPAGE IMPACTS.—The Secretary shall re12 duce Interim Flows to the extent necessary to address 

13 any material adverse impacts to third parties from 

14 groundwater seepage caused by such flows that the 

15 Secretary identifies based on the monitoring program 

16 of the Secretary. 

17 (4) TEMPORARY FISH BARRIER PROGRAM.—The 

18 Secretary, in consultation with the California De19 partment of Fish and Game, shall evaluate the effec20 tiveness of the Hills Ferry barrier in preventing the 

21 unintended upstream migration of anadromous fish 

22 in the San Joaquin River and any false migratory 

23 pathways. If that evaluation determines that any 

24 such migration past the barrier is caused by the in25 troduction of the Interim Flows and that the presence 
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† HR 146 EAS 

1 of such fish will result in the imposition of additional 

2 regulatory actions against third parties, the Secretary 

3 is authorized to assist the Department of Fish and 

4 Game in making improvements to the barrier. From 

5 funding made available in accordance with section 

6 10009, if third parties along the San Joaquin River 

7 south of its confluence with the Merced River are re8 quired to install fish screens or fish bypass facilities 

9 due to the release of Interim Flows in order to comply 

10 with the Endangered Species Act of 1973 (16 U.S.C. 

11 1531 et seq.), the Secretary shall bear the costs of the 

12 installation of such screens or facilities if such costs 

13 would be borne by the Federal Government under sec14 tion 10009(a)(3), except to the extent that such costs 

15 are already or are further willingly borne by the 

16 State of California or by the third parties. 

17 (i) FUNDING AVAILABILITY.— 

18 (1) IN GENERAL.—Funds shall be collected in the 

19 San Joaquin River Restoration Fund through October 

20 1, 2019, and thereafter, with substantial amounts 

21 available through October 1, 2019, pursuant to section 

22 10009 for implementation of the Settlement and parts 

23 I and III, including— 
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† HR 146 EAS 

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 section 

15 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.—Sub21 ject to section 10006(b), nothing in this part shall modify 

22 or amend the rights and obligations under the Purchase 

23 Contract between Miller and Lux and the United States and 

24 the Second Amended Exchange Contract between the United 

25 States, Department of the Interior, Bureau of Reclamation 
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† HR 146 EAS 

1 and Central California Irrigation District, San Luis Canal 

2 Company, Firebaugh Canal Water District and Columbia 

3 Canal Company. 

4 SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; 

5 TITLE TO FACILITIES. 

6 (a) TITLE TO FACILITIES.—Unless acquired pursuant 

7 to subsection (b), title to any facility or facilities, stream 

8 channel, levees, or other real property modified or improved 

9 in the course of implementing the Settlement authorized by 

10 this part, and title to any modifications or improvements 

11 of such facility or facilities, stream channel, levees, or other 

12 real property— 

13 (1) shall remain in the owner of the property; 

14 and 

15 (2) shall not be transferred to the United States 

16 on account of such modifications or improvements. 

17 (b) ACQUISITION OF PROPERTY.— 

18 (1) IN GENERAL.—The Secretary is authorized to 

19 acquire through purchase from willing sellers any 

20 property, interests in property, or options to acquire 

21 real property needed to implement the Settlement au22 thorized by this part. 

23 (2) APPLICABLE LAW.—The Secretary is author24 ized, but not required, to exercise all of the authorities 

25 provided in section 2 of the Act of August 26, 1937 
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† HR 146 EAS 

1 (50 Stat. 844, chapter 832), to carry out the measures 

2 authorized in this section and section 10004. 

3 (c) DISPOSAL OF PROPERTY.— 

4 (1) IN GENERAL.—Upon the Secretary’s deter5 mination that retention of title to property or inter6 ests in property acquired pursuant to this part is no 

7 longer needed to be held by the United States for the 

8 furtherance of the Settlement, the Secretary is author9 ized to dispose of such property or interest in prop10 erty on such terms and conditions as the Secretary 

11 deems appropriate and in the best interest of the 

12 United States, including possible transfer of such 

13 property to the State of California. 

14 (2) RIGHT OF FIRST REFUSAL.—In the event the 

15 Secretary determines that property acquired pursuant 

16 to this part through the exercise of its eminent do17 main authority is no longer necessary for implemen18 tation of the Settlement, the Secretary shall provide 

19 a right of first refusal to the property owner from 

20 whom the property was initially acquired, or his or 

21 her successor in interest, on the same terms and con22 ditions as the property is being offered to other par23 ties. 

24 (3) DISPOSITION OF PROCEEDS.—Proceeds from 

25 the disposal by sale or transfer of any such property 
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† HR 146 EAS 

1 or interests in such property shall be deposited in the 

2 fund established by section 10009(c). 

3 (d) GROUNDWATER BANK.—Nothing in this part au4 thorizes the Secretary to operate a groundwater bank along 

5 or adjacent to the San Joaquin River upstream of the con6 fluence with the Merced River, and any such groundwater 

7 bank shall be operated by a non-Federal entity. 

8 SEC. 10006. COMPLIANCE WITH APPLICABLE LAW. 

9 (a) APPLICABLE LAW.— 

10 (1) IN GENERAL.—In undertaking the measures 

11 authorized by this part, the Secretary and the Sec12 retary of Commerce shall comply with all applicable 

13 Federal and State laws, rules, and regulations, in14 cluding the National Environmental Policy Act of 

15 1969 (42 U.S.C. 4321 et seq.) and the Endangered 

16 Species Act of 1973 (16 U.S.C. 1531 et seq.), as nec17 essary. 

18 (2) ENVIRONMENTAL REVIEWS.—The Secretary 

19 and the Secretary of Commerce are authorized and 

20 directed to initiate and expeditiously complete appli21 cable environmental reviews and consultations as 

22 may be necessary to effectuate the purposes of the Set23 tlement. 

24 (b) EFFECT ON STATE LAW.—Nothing in this part 

25 shall preempt State law or modify any existing obligation 
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1 of the United States under Federal reclamation law to oper2 ate the Central Valley Project in conformity with State law. 

3 (c) USE OF FUNDS FOR ENVIRONMENTAL REVIEWS.— 

4 (1) DEFINITION OF ENVIRONMENTAL REVIEW.— 

5 For purposes of this subsection, the term ‘‘environ6 mental review’’ includes any consultation and plan7 ning necessary to comply with subsection (a). 

8 (2) PARTICIPATION IN ENVIRONMENTAL REVIEW

9 PROCESS.—In undertaking the measures authorized 

10 by section 10004, and for which environmental review 

11 is required, the Secretary may provide funds made 

12 available under this part to affected Federal agencies, 

13 State agencies, local agencies, and Indian tribes if the 

14 Secretary determines that such funds are necessary to 

15 allow the Federal agencies, State agencies, local agen16 cies, or Indian tribes to effectively participate in the 

17 environmental review process. 

18 (3) LIMITATION.—Funds may be provided under 

19 paragraph (2) only to support activities that directly 

20 contribute to the implementation of the terms and 

21 conditions of the Settlement. 

22 (d) NONREIMBURSABLE FUNDS.—The United States’ 

23 share of the costs of implementing this part shall be nonre24 imbursable under Federal reclamation law, provided that 

25 nothing in this subsection shall limit or be construed to 
950 

† HR 146 EAS 

1 limit the use of the funds assessed and collected pursuant 

2 to sections 3406(c)(1) and 3407(d)(2) of the Reclamation 

3 Projects Authorization and Adjustment Act of 1992 (Public 

4 Law 102–575; 106 Stat. 4721, 4727), for implementation 

5 of the Settlement, nor shall it be construed to limit or mod6 ify existing or future Central Valley Project ratesetting poli7 cies. 

8 SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT 

9 IMPROVEMENT ACT. 

10 Congress hereby finds and declares that the Settlement 

11 satisfies and discharges all of the obligations of the Sec12 retary contained in section 3406(c)(1) of the Reclamation 

13 Projects Authorization and Adjustment Act of 1992 (Public 

14 Law 102–575; 106 Stat. 4721), provided, however, that— 

15 (1) the Secretary shall continue to assess and col16 lect the charges provided in section 3406(c)(1) of the 

17 Reclamation Projects Authorization and Adjustment 

18 Act of 1992 (Public Law 102–575; 106 Stat. 4721), 

19 as provided in the Settlement; and 

20 (2) those assessments and collections shall con21 tinue to be counted toward the requirements of the 

22 Secretary contained in section 3407(c)(2) of the Rec23 lamation Projects Authorization and Adjustment Act 

24 of 1992 (Public Law 102–575; 106 Stat. 4726). 
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† HR 146 EAS 

1 SEC. 10008. NO PRIVATE RIGHT OF ACTION. 

2 (a) IN GENERAL.—Nothing in this part confers upon 

3 any person or entity not a party to the Settlement a private 

4 right of action or claim for relief to interpret or enforce 

5 the provisions of this part or the Settlement. 

6 (b) APPLICABLE LAW.—This section shall not alter or 

7 curtail any right of action or claim for relief under any 

8 other applicable law. 

9 SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND. 

10 (a) IMPLEMENTATION COSTS.— 

11 (1) IN GENERAL.—The costs of implementing the 

12 Settlement shall be covered by payments or in-kind 

13 contributions made by Friant Division contractors 

14 and other non-Federal parties, including the funds 

15 provided in subparagraphs (A) through (D) of sub16 section (c)(1), estimated to total $440,000,000, of 

17 which the non-Federal payments are estimated to 

18 total $200,000,000 (at October 2006 price levels) and 

19 the amount from repaid Central Valley Project cap20 ital obligations is estimated to total $240,000,000, the 

21 additional Federal appropriation of $250,000,000 au22 thorized pursuant to subsection (b)(1), and such addi23 tional funds authorized pursuant to subsection (b)(2); 

24 provided however, that the costs of implementing the 

25 provisions of section 10004(a)(1) shall be shared by 

26 the State of California pursuant to the terms of a 
952 

† HR 146 EAS 

1 memorandum of understanding executed by the State 

2 of California and the Parties to the Settlement on 

3 September 13, 2006, which includes at least 

4 $110,000,000 of State funds. 

5 (2) ADDITIONAL AGREEMENTS.— 

6 (A) IN GENERAL.—The Secretary shall enter 

7 into 1 or more agreements to fund or implement 

8 improvements on a project-by-project basis with 

9 the State of California. 

10 (B) REQUIREMENTS.—Any agreements en11 tered into under subparagraph (A) shall provide 

12 for recognition of either monetary or in-kind 

13 contributions toward the State of California’s 

14 share of the cost of implementing the provisions 

15 of section 10004(a)(1). 

16 (3) LIMITATION.—Except as provided in the Set17 tlement, to the extent that costs incurred solely to im18 plement this Settlement would not otherwise have 

19 been incurred by any entity or public or local agency 

20 or subdivision of the State of California, such costs 

21 shall not be borne by any such entity, agency, or sub22 division of the State of California, unless such costs 

23 are incurred on a voluntary basis. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.— 
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1 (1) IN GENERAL.—In addition to the funding 

2 provided in subsection (c), there are also authorized 

3 to be appropriated not to exceed $250,000,000 (at Oc4 tober 2006 price levels) to implement this part and 

5 the Settlement, to be available until expended; pro6 vided however, that the Secretary is authorized to 

7 spend such additional appropriations only in 

8 amounts equal to the amount of funds deposited in 

9 the San Joaquin River Restoration Fund (not includ10 ing payments under subsection (c)(1)(B) and proceeds 

11 under subsection (c)(1)(C)), the amount of in-kind 

12 contributions, and other non-Federal payments actu13 ally committed to the implementation of this part or 

14 the Settlement. 

15 (2) USE OF THE CENTRAL VALLEY PROJECT RES16 TORATION FUND.—The Secretary is authorized to use 

17 monies from the Central Valley Project Restoration 

18 Fund created under section 3407 of the Reclamation 

19 Projects Authorization and Adjustment Act of 1992 

20 (Public Law 102–575; 106 Stat. 4727) for purposes 

21 of this part in an amount not to exceed $2,000,000 

22 (October 2006 price levels) in any fiscal year. 

23 (c) FUND.— 

24 (1) IN GENERAL.—There is hereby established 

25 within the Treasury of the United States a fund, to 
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1 be known as the San Joaquin River Restoration 

2 Fund, into which the following funds shall be depos3 ited and used solely for the purpose of implementing 

4 the Settlement except as otherwise provided in sub5 sections (a) and (b) of section 10203: 

6 (A) All payments received pursuant to sec7 tion 3406(c)(1) of the Reclamation Projects Au8 thorization and Adjustment Act of 1992 (Public 

9 Law 102–575; 106 Stat. 4721). 

10 (B) The construction cost component (not 

11 otherwise needed to cover operation and mainte12 nance costs) of payments made by Friant Divi13 sion, Hidden Unit, and Buchanan Unit long14 term contractors pursuant to long-term water 

15 service contracts or pursuant to repayment con16 tracts, including repayment contracts executed 

17 pursuant to section 10010. The construction cost 

18 repayment obligation assigned such contractors 

19 under such contracts shall be reduced by the 

20 amount paid pursuant to this paragraph and 

21 the appropriate share of the existing Federal in22 vestment in the Central Valley Project to be re23 covered by the Secretary pursuant to Public Law 

24 99–546 (100 Stat. 3050) shall be reduced by an 

25 equivalent sum. 
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1 (C) Proceeds from the sale of water pursu2 ant to the Settlement, or from the sale of prop3 erty or interests in property as provided in sec4 tion 10005. 

5 (D) Any non-Federal funds, including State 

6 cost-sharing funds, contributed to the United 

7 States for implementation of the Settlement, 

8 which the Secretary may expend without further 

9 appropriation for the purposes for which contrib10 uted. 

11 (2) AVAILABILITY.—All funds deposited into the 

12 Fund pursuant to subparagraphs (A), (B), and (C) of 

13 paragraph (1) are authorized for appropriation to 

14 implement the Settlement and this part, in addition 

15 to the authorization provided in subsections (a) and 

16 (b) of section 10203, except that $88,000,000 of such 

17 funds are available for expenditure without further 

18 appropriation; provided that after October 1, 2019, 

19 all funds in the Fund shall be available for expendi20 ture without further appropriation. 

21 (d) LIMITATION ON CONTRIBUTIONS.—Payments made 

22 by long-term contractors who receive water from the Friant 

23 Division and Hidden and Buchanan Units of the Central 

24 Valley Project pursuant to sections 3406(c)(1) and 

25 3407(d)(2) of the Reclamation Projects Authorization and 
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1 Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 

2 4721, 4727) and payments made pursuant to paragraph 

3 16(b)(3) of the Settlement and subsection (c)(1)(B) shall be 

4 the limitation of such entities’ direct financial contribution 

5 to the Settlement, subject to the terms and conditions of 

6 paragraph 21 of the Settlement. 

7 (e) NO ADDITIONAL EXPENDITURES REQUIRED.— 

8 Nothing in this part shall be construed to require a Federal 

9 official to expend Federal funds not appropriated by Con10 gress, or to seek the appropriation of additional funds by 

11 Congress, for the implementation of the Settlement. 

12 (f) REACH 4B.— 

13 (1) STUDY.— 

14 (A) IN GENERAL.—In accordance with the 

15 Settlement and the memorandum of under16 standing executed pursuant to paragraph 6 of 

17 the Settlement, the Secretary shall conduct a 

18 study that specifies— 

19 (i) the costs of undertaking any work 

20 required under paragraph 11(a)(3) of the 

21 Settlement to increase the capacity of reach 

22 4B prior to reinitiation of Restoration 

23 Flows; 

24 (ii) the impacts associated with re25 initiation of such flows; and 
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1 (iii) measures that shall be imple2 mented to mitigate impacts. 

3 (B) DEADLINE.—The study under subpara4 graph (A) shall be completed prior to restoration 

5 of any flows other than Interim Flows. 

6 (2) REPORT.— 

7 (A) IN GENERAL.—The Secretary shall file 

8 a report with Congress not later than 90 days 

9 after issuing a determination, as required by the 

10 Settlement, on whether to expand channel con11 veyance capacity to 4500 cubic feet per second in 

12 reach 4B of the San Joaquin River, or use an 

13 alternative route for pulse flows, that— 

14 (i) explains whether the Secretary has 

15 decided to expand Reach 4B capacity to 

16 4500 cubic feet per second; and 

17 (ii) addresses the following matters: 

18 (I) The basis for the Secretary’s 

19 determination, whether set out in envi20 ronmental review documents or other21 wise, as to whether the expansion of 

22 Reach 4B would be the preferable 

23 means to achieve the Restoration Goal 

24 as provided in the Settlement, includ25 ing how different factors were assessed 
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1 such as comparative biological and 

2 habitat benefits, comparative costs, rel3 ative availability of State cost-sharing 

4 funds, and the comparative benefits 

5 and impacts on water temperature, 

6 water supply, private property, and 

7 local and downstream flood control. 

8 (II) The Secretary’s final cost es9 timate for expanding Reach 4B capac10 ity to 4500 cubic feet per second, or 

11 any alternative route selected, as well 

12 as the alternative cost estimates pro13 vided by the State, by the Restoration 

14 Administrator, and by the other par15 ties to the Settlement. 

16 (III) The Secretary’s plan for 

17 funding the costs of expanding Reach 

18 4B or any alternative route selected, 

19 whether by existing Federal funds pro20 vided under this subtitle, by non-Fed21 eral funds, by future Federal appro22 priations, or some combination of such 

23 sources. 

24 (B) DETERMINATION REQUIRED.—The Sec25 retary shall, to the extent feasible, make the de-
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1 termination in subparagraph (A) prior to under2 taking any substantial construction work to in3 crease capacity in reach 4B. 

4 (3) COSTS.—If the Secretary’s estimated Federal 

5 cost for expanding reach 4B in paragraph (2), in 

6 light of the Secretary’s funding plan set out in that 

7 paragraph, would exceed the remaining Federal fund8 ing authorized by this part (including all funds re9 allocated, all funds dedicated, and all new funds au10 thorized by this part and separate from all commit11 ments of State and other non-Federal funds and in12 kind commitments), then before the Secretary com13 mences actual construction work in reach 4B (other 

14 than planning, design, feasibility, or other prelimi15 nary measures) to expand capacity to 4500 cubic feet 

16 per second to implement this Settlement, Congress 

17 must have increased the applicable authorization ceil18 ing provided by this part in an amount at least suffi19 cient to cover the higher estimated Federal costs. 

20 SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION 

21 OF REPAYMENT OF CONSTRUCTION COSTS. 

22 (a) CONVERSION OF CONTRACTS.— 

23 (1) The Secretary is authorized and directed to 

24 convert, prior to December 31, 2010, all existing long25 term contracts with the following Friant Division, 
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1 Hidden Unit, and Buchanan Unit contractors, en2 tered under subsection (e) of section 9 of the Act of 

3 August 4, 1939 (53 Stat. 1196), to contracts under 

4 subsection (d) of section 9 of said Act (53 Stat. 1195), 

5 under mutually agreeable terms and conditions: 

6 Arvin-Edison Water Storage District; Delano7 Earlimart Irrigation District; Exeter Irrigation Dis8 trict; Fresno Irrigation District; Ivanhoe Irrigation 

9 District; Lindmore Irrigation District; Lindsay10 Strathmore Irrigation District; Lower Tule River Ir11 rigation District; Orange Cove Irrigation District; 

12 Porterville Irrigation District; Saucelito Irrigation 

13 District; Shafter-Wasco Irrigation District; Southern 

14 San Joaquin Municipal Utility District; Stone Cor15 ral Irrigation District; Tea Pot Dome Water District; 

16 Terra Bella Irrigation District; Tulare Irrigation 

17 District; Madera Irrigation District; and Chowchilla 

18 Water District. Upon request of the contractor, the 

19 Secretary is authorized to convert, prior to December 

20 31, 2010, other existing long-term contracts with 

21 Friant Division contractors entered under subsection 

22 (e) of section 9 of the Act of August 4, 1939 (53 Stat. 

23 1196), to contracts under subsection (d) of section 9 

24 of said Act (53 Stat. 1195), under mutually agreeable 

25 terms and conditions. 
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1 (2) Upon request of the contractor, the Secretary 

2 is further authorized to convert, prior to December 31, 

3 2010, any existing Friant Division long-term con4 tract entered under subsection (c)(2) of section 9 of 

5 the Act of August 4, 1939 (53 Stat. 1194), to a con6 tract under subsection (c)(1) of section 9 of said Act, 

7 under mutually agreeable terms and conditions. 

8 (3) All such contracts entered into pursuant to 

9 paragraph (1) shall— 

10 (A) require the repayment, either in lump 

11 sum or by accelerated prepayment, of the re12 maining amount of construction costs identified 

13 in the Central Valley Project Schedule of Irriga14 tion Capital Rates by Contractor 2007 Irriga15 tion Water Rates, dated January 25, 2007, as 

16 adjusted to reflect payments not reflected in such 

17 schedule, and properly assignable for ultimate 

18 return by the contractor, no later than January 

19 31, 2011, or if made in approximately equal an20 nual installments, no later than January 31, 

2014; such amount to be discounted by 1 21 ⁄2 the 

22 Treasury Rate. An estimate of the remaining 

23 amount of construction costs as of January 31, 

24 2011, as adjusted, shall be provided by the Sec-
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1 retary to each contractor no later than June 30, 

2 2010; 

3 (B) require that, notwithstanding subsection 

4 (c)(2), construction costs or other capitalized 

5 costs incurred after the effective date of the con6 tract or not reflected in the schedule referenced in 

7 subparagraph (A), and properly assignable to 

8 such contractor, shall be repaid in not more than 

9 5 years after notification of the allocation if such 

10 amount is a result of a collective annual alloca11 tion of capital costs to the contractors exercising 

12 contract conversions under this subsection of less 

13 than $5,000,000. If such amount is $5,000,000 

14 or greater, such cost shall be repaid as provided 

15 by applicable Reclamation law, provided that 

16 the reference to the amount of $5,000,000 shall 

17 not be a precedent in any other context; 

18 (C) provide that power revenues will not be 

19 available to aid in repayment of construction 

20 costs allocated to irrigation under the contract; 

21 and 

22 (D) conform to the Settlement and this part 

23 and shall continue so long as the contractor pays 

24 applicable charges, consistent with subsection 

25 (c)(2) and applicable law. 
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1 (4) All such contracts entered into pursuant to 

2 paragraph (2) shall— 

3 (A) require the repayment in lump sum of 

4 the remaining amount of construction costs iden5 tified in the most current version of the Central 

6 Valley Project Schedule of Municipal and Indus7 trial Water Rates, as adjusted to reflect pay8 ments not reflected in such schedule, and prop9 erly assignable for ultimate return by the con10 tractor, no later than January 31, 2014. An esti11 mate of the remaining amount of construction 

12 costs as of January 31, 2014, as adjusted, shall 

13 be provided by the Secretary to each contractor 

14 no later than June 30, 2013; 

15 (B) require that, notwithstanding subsection 

16 (c)(2), construction costs or other capitalized 

17 costs incurred after the effective date of the con18 tract or not reflected in the schedule referenced in 

19 subparagraph (A), and properly assignable to 

20 such contractor, shall be repaid in not more than 

21 5 years after notification of the allocation if such 

22 amount is a result of a collective annual alloca23 tion of capital costs to the contractors exercising 

24 contract conversions under this subsection of less 

25 than $5,000,000. If such amount is $5,000,000 
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1 or greater, such cost shall be repaid as provided 

2 by applicable Reclamation law, provided that 

3 the reference to the amount of $5,000,000 shall 

4 not be a precedent in any other context; and 

5 (C) conform to the Settlement and this part 

6 and shall continue so long as the contractor pays 

7 applicable charges, consistent with subsection 

8 (c)(2) and applicable law. 

9 (b) FINAL ADJUSTMENT.—The amounts paid pursuant 

10 to subsection (a) shall be subject to adjustment following 

11 a final cost allocation by the Secretary upon completion 

12 of the construction of the Central Valley Project. In the 

13 event that the final cost allocation indicates that the costs 

14 properly assignable to the contractor are greater than what 

15 has been paid by the contractor, the contractor shall be obli16 gated to pay the remaining allocated costs. The term of such 

17 additional repayment contract shall be no less than 1 year 

18 and no more than 10 years, however, mutually agreeable 

19 provisions regarding the rate of repayment of such amount 

20 may be developed by the parties. In the event that the final 

21 cost allocation indicates that the costs properly assignable 

22 to the contractor are less than what the contractor has paid, 

23 the Secretary is authorized and directed to credit such over24 payment as an offset against any outstanding or future ob25 ligation of the contractor. 
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1 (c) APPLICABILITY OF CERTAIN PROVISIONS.— 

2 (1) Notwithstanding any repayment obligation 

3 under subsection (a)(3)(B) or subsection (b), upon a 

4 contractor’s compliance with and discharge of the ob5 ligation of repayment of the construction costs as pro6 vided in subsection (a)(3)(A), the provisions of section 

7 213(a) and (b) of the Reclamation Reform Act of 

8 1982 (96 Stat. 1269) shall apply to lands in such dis9 trict. 

10 (2) Notwithstanding any repayment obligation 

11 under paragraph (3)(B) or (4)(B) of subsection (a), 

12 or subsection (b), upon a contractor’s compliance with 

13 and discharge of the obligation of repayment of the 

14 construction costs as provided in paragraphs (3)(A) 

15 and (4)(A) of subsection (a), the Secretary shall waive 

16 the pricing provisions of section 3405(d) of the Rec17 lamation Projects Authorization and Adjustment Act 

18 of 1992 (Public Law 102–575) for such contractor, 

19 provided that such contractor shall continue to pay 

20 applicable operation and maintenance costs and other 

21 charges applicable to such repayment contracts pursu22 ant to the then-current rate-setting policy and appli23 cable law. 

24 (3) Provisions of the Settlement applying to 

25 Friant Division, Hidden Unit, and Buchanan Unit 
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1 long-term water service contracts shall also apply to 

2 contracts executed pursuant to this section. 

3 (d) REDUCTION OF CHARGE FOR THOSE CONTRACTS

4 CONVERTED PURSUANT TO SUBSECTION (A)(1).— 

5 (1) At the time all payments by the contractor 

6 required by subsection (a)(3)(A) have been completed, 

7 the Secretary shall reduce the charge mandated in sec8 tion 10007(1) of this part, from 2020 through 2039, 

9 to offset the financing costs as defined in section 

10 10010(d)(3). The reduction shall be calculated at the 

11 time all payments by the contractor required by sub12 section (a)(3)(A) have been completed. The calculation 

13 shall remain fixed from 2020 through 2039 and shall 

14 be based upon anticipated average annual water de15 liveries, as mutually agreed upon by the Secretary 

16 and the contractor, for the period from 2020 through 

17 2039, and the amounts of such reductions shall be dis18 counted using the Treasury Rate; provided, that such 

19 charge shall not be reduced to less than $4.00 per acre 

20 foot of project water delivered; provided further, that 

21 such reduction shall be implemented annually unless 

22 the Secretary determines, based on the availability of 

23 other monies, that the charges mandated in section 

24 10007(1) are otherwise needed to cover ongoing fed25 eral costs of the Settlement, including any federal op-
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1 eration and maintenance costs of facilities that the 

2 Secretary determines are needed to implement the 

3 Settlement. If the Secretary determines that such 

4 charges are necessary to cover such ongoing federal 

5 costs, the Secretary shall, instead of making the re6 duction in such charges, reduce the contractor’s oper7 ation and maintenance obligation by an equivalent 

8 amount, and such amount shall not be recovered by 

9 the United States from any Central Valley Project 

10 contractor, provided nothing herein shall affect the ob11 ligation of the contractor to make payments pursuant 

12 to a transfer agreement with a non-federal operating 

13 entity. 

14 (2) If the calculated reduction in paragraph (1), 

15 taking into consideration the minimum amount re16 quired, does not result in the contractor offsetting its 

17 financing costs, the Secretary is authorized and di18 rected to reduce, after October 1, 2019, any out19 standing or future obligations of the contractor to the 

20 Bureau of Reclamation, other than the charge assessed 

21 and collected under section 3407(d) of Public law 

22 102–575, by the amount of such deficiency, with such 

23 amount indexed to 2020 using the Treasury Rate and 

24 such amount shall not be recovered by the United 

25 States from any Central Valley Project contractor, 
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1 provided nothing herein shall affect the obligation of 

2 the contractor to make payments pursuant to a trans3 fer agreement with a non-Federal operating entity. 

4 (3) Financing costs, for the purposes of this sub5 section, shall be computed as the difference of the net 

6 present value of the construction cost identified in 

7 subsection (a)(3)(A) using the full Treasury Rate as 

8 compared to using one half of the Treasury Rate and 

9 applying those rates against a calculated average an10 nual capital repayment through 2030. 

11 (4) Effective in 2040, the charge shall revert to 

12 the amount called for in section 10007(1) of this part. 

13 (5) For purposes of this section, ‘‘Treasury Rate’’ 

14 shall be defined as the 20 year Constant Maturity 

15 Treasury (CMT) rate published by the United States 

16 Department of the Treasury as of October 1, 2010. 

17 (e) SATISFACTION OF CERTAIN PROVISIONS.— 

18 (1) IN GENERAL.—Upon the first release of In19 terim Flows or Restoration Flows, pursuant to para20 graphs 13 or 15 of the Settlement, any short- or long21 term agreement, to which 1 or more long-term Friant 

22 Division, Hidden Unit, or Buchanan Unit contractor 

23 that converts its contract pursuant to subsection (a) 

24 is a party, providing for the transfer or exchange of 

25 water not released as Interim Flows or Restoration 
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1 Flows shall be deemed to satisfy the provisions of sub2 section 3405(a)(1)(A) and (I) of the Reclamation 

3 Projects Authorization and Adjustment Act of 1992 

4 (Public Law 102–575) without the further concur5 rence of the Secretary as to compliance with said sub6 sections if the contractor provides, not later than 90 

7 days before commencement of any such transfer or ex8 change for a period in excess of 1 year, and not later 

9 than 30 days before commencement of any proposed 

10 transfer or exchange with duration of less than 1 

11 year, written notice to the Secretary stating how the 

12 proposed transfer or exchange is intended to reduce, 

13 avoid, or mitigate impacts to water deliveries caused 

14 by the Interim Flows or Restoration Flows or is in15 tended to otherwise facilitate the Water Management 

16 Goal, as described in the Settlement. The Secretary 

17 shall promptly make such notice publicly available. 

18 (2) DETERMINATION OF REDUCTIONS TO WATER

19 DELIVERIES.—Water transferred or exchanged under 

20 an agreement that meets the terms of this subsection 

21 shall not be counted as a replacement or an offset for 

22 purposes of determining reductions to water deliveries 

23 to any Friant Division long-term contractor except as 

24 provided in paragraph 16(b) of the Settlement. The 

25 Secretary shall, at least annually, make publicly 
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1 available a compilation of the number of transfer or 

2 exchange agreements exercising the provisions of this 

3 subsection to reduce, avoid, or mitigate impacts to 

4 water deliveries caused by the Interim Flows or Res5 toration Flows or to facilitate the Water Management 

6 Goal, as well as the volume of water transferred or ex7 changed under such agreements. 

8 (3) STATE LAW.—Nothing in this subsection al9 ters State law or permit conditions, including any 

10 applicable geographical restrictions on the place of 

11 use of water transferred or exchanged pursuant to this 

12 subsection. 

13 (f) CERTAIN REPAYMENT OBLIGATIONS NOT AL14 TERED.—Implementation of the provisions of this section 

15 shall not alter the repayment obligation of any other long16 term water service or repayment contractor receiving water 

17 from the Central Valley Project, or shift any costs that 

18 would otherwise have been properly assignable to the Friant 

19 contractors absent this section, including operations and 

20 maintenance costs, construction costs, or other capitalized 

21 costs incurred after the date of enactment of this Act, to 

22 other such contractors. 

23 (g) STATUTORY INTERPRETATION.—Nothing in this 

24 part shall be construed to affect the right of any Friant 

25 Division, Hidden Unit, or Buchanan Unit long-term con-
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1 tractor to use a particular type of financing to make the 

2 payments required in paragraph (3)(A) or (4)(A) of sub3 section (a). 

4 SEC. 10011. CALIFORNIA CENTRAL VALLEY SPRING RUN 

5 CHINOOK SALMON. 

6 (a) FINDING.—Congress finds that the implementation 

7 of the Settlement to resolve 18 years of contentious litigation 

8 regarding restoration of the San Joaquin River and the re9 introduction of the California Central Valley Spring Run 

10 Chinook salmon is a unique and unprecedented cir11 cumstance that requires clear expressions of Congressional 

12 intent regarding how the provisions of the Endangered Spe13 cies Act of 1973 (16 U.S.C. 1531 et seq.) are utilized to 

14 achieve the goals of restoration of the San Joaquin River 

15 and the successful reintroduction of California Central Val16 ley Spring Run Chinook salmon. 

17 (b) REINTRODUCTION IN THE SAN JOAQUIN RIVER.— 

18 California Central Valley Spring Run Chinook salmon 

19 shall be reintroduced in the San Joaquin River below 

20 Friant Dam pursuant to section 10(j) of the Endangered 

21 Species Act of 1973 (16 U.S.C. 1539(j)) and the Settlement, 

22 provided that the Secretary of Commerce finds that a per23 mit for the reintroduction of California Central Valley 

24 Spring Run Chinook salmon may be issued pursuant to sec-
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1 tion 10(a)(1)(A) of the Endangered Species Act of 1973 (16 

2 U.S.C. 1539(a)(1)(A)). 

3 (c) FINAL RULE.— 

4 (1) DEFINITION OF THIRD PARTY.—For the pur5 pose of this subsection, the term ‘‘third party’’ means 

6 persons or entities diverting or receiving water pursu7 ant to applicable State and Federal laws and shall 

8 include Central Valley Project contractors outside of 

9 the Friant Division of the Central Valley Project and 

10 the State Water Project. 

11 (2) ISSUANCE.—The Secretary of Commerce shall 

12 issue a final rule pursuant to section 4(d) of the En13 dangered Species Act of 1973 (16 U.S.C. 1533(d)) 

14 governing the incidental take of reintroduced Cali15 fornia Central Valley Spring Run Chinook salmon 

16 prior to the reintroduction. 

17 (3) REQUIRED COMPONENTS.—The rule issued 

18 under paragraph (2) shall provide that the reintro19 duction will not impose more than de minimus: water 

20 supply reductions, additional storage releases, or by21 pass flows on unwilling third parties due to such re22 introduction. 

23 (4) APPLICABLE LAW.—Nothing in this section— 

24 (A) diminishes the statutory or regulatory 

25 protections provided in the Endangered Species 
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1 Act of 1973 for any species listed pursuant to 

2 section 4 of the Endangered Species Act of 1973 

3 (16 U.S.C. 1533) other than the reintroduced 

4 population of California Central Valley Spring 

5 Run Chinook salmon, including protections pur6 suant to existing biological opinions or new bio7 logical opinions issued by the Secretary or Sec8 retary of Commerce; or 

9 (B) precludes the Secretary or Secretary of 

10 Commerce from imposing protections under the 

11 Endangered Species Act of 1973 (16 U.S.C. 1531 

12 et seq.) for other species listed pursuant to sec13 tion 4 of that Act (16 U.S.C. 1533) because those 

14 protections provide incidental benefits to such re15 introduced California Central Valley Spring 

16 Run Chinook salmon. 

17 (d) REPORT.— 

18 (1) IN GENERAL.—Not later than December 31, 

19 2024, the Secretary of Commerce shall report to Con20 gress on the progress made on the reintroduction set 

21 forth in this section and the Secretary’s plans for fu22 ture implementation of this section. 

23 (2) INCLUSIONS.—The report under paragraph 

24 (1) shall include— 
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1 (A) an assessment of the major challenges, if 

2 any, to successful reintroduction; 

3 (B) an evaluation of the effect, if any, of the 

4 reintroduction on the existing population of 

5 California Central Valley Spring Run Chinook 

6 salmon existing on the Sacramento River or its 

7 tributaries; and 

8 (C) an assessment regarding the future of 

9 the reintroduction. 

10 (e) FERC PROJECTS.— 

11 (1) IN GENERAL.—With regard to California 

12 Central Valley Spring Run Chinook salmon reintro13 duced pursuant to the Settlement, the Secretary of 

14 Commerce shall exercise its authority under section 

15 18 of the Federal Power Act (16 U.S.C. 811) by re16 serving its right to file prescriptions in proceedings 

17 for projects licensed by the Federal Energy Regulatory 

18 Commission on the Calaveras, Stanislaus, Tuolumne, 

19 Merced, and San Joaquin rivers and otherwise con20 sistent with subsection (c) until after the expiration 

21 of the term of the Settlement, December 31, 2025, or 

22 the expiration of the designation made pursuant to 

23 subsection (b), whichever ends first. 

24 (2) EFFECT OF SUBSECTION.—Nothing in this 

25 subsection shall preclude the Secretary of Commerce 
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1 from imposing prescriptions pursuant to section 18 of 

2 the Federal Power Act (16 U.S.C. 811) solely for other 

3 anadromous fish species because those prescriptions 

4 provide incidental benefits to such reintroduced Cali5 fornia Central Valley Spring Run Chinook salmon. 

6 (f) EFFECT OF SECTION.—Nothing in this section is 

7 intended or shall be construed— 

8 (1) to modify the Endangered Species Act of 

9 1973 (16 U.S.C. 1531 et seq.) or the Federal Power 

10 Act (16 U.S.C. 791a et seq.); or 

11 (2) to establish a precedent with respect to any 

12 other application of the Endangered Species Act of 

13 1973 (16 U.S.C. 1531 et seq.) or the Federal Power 

14 Act (16 U.S.C. 791a et seq.). 

15 PART II—STUDY TO DEVELOP WATER PLAN; 

16 REPORT 

17 SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT. 

18 (a) PLAN.— 

19 (1) GRANT.—To the extent that funds are made 

20 available in advance for this purpose, the Secretary 

21 of the Interior, acting through the Bureau of Rec22 lamation, shall provide direct financial assistance to 

23 the California Water Institute, located at California 

24 State University, Fresno, California, to conduct a 

25 study regarding the coordination and integration of 
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1 sub-regional integrated regional water management 

2 plans into a unified Integrated Regional Water Man3 agement Plan for the subject counties in the hydro4 logic basins that would address issues related to— 

5 (A) water quality; 

6 (B) water supply (both surface, ground 

7 water banking, and brackish water desalination); 

8 (C) water conveyance; 

9 (D) water reliability; 

10 (E) water conservation and efficient use (by 

11 distribution systems and by end users); 

12 (F) flood control; 

13 (G) water resource-related environmental 

14 enhancement; and 

15 (H) population growth. 

16 (2) STUDY AREA.—The study area referred to in 

17 paragraph (1) is the proposed study area of the San 

18 Joaquin River Hydrologic Region and Tulare Lake 

19 Hydrologic Region, as defined by California Depart20 ment of Water Resources Bulletin 160–05, volume 3, 

21 chapters 7 and 8, including Kern, Tulare, Kings, 

22 Fresno, Madera, Merced, Stanislaus, and San Joa23 quin counties in California. 

24 (b) USE OF PLAN.—The Integrated Regional Water 

25 Management Plan developed for the 2 hydrologic basins 
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1 under subsection (a) shall serve as a guide for the counties 

2 in the study area described in subsection (a)(2) to use as 

3 a mechanism to address and solve long-term water needs 

4 in a sustainable and equitable manner. 

5 (c) REPORT.—The Secretary shall ensure that a report 

6 containing the results of the Integrated Regional Water 

7 Management Plan for the hydrologic regions is submitted 

8 to the Committee on Energy and Natural Resources of the 

9 Senate and the Committee on Natural Resources of the 

10 House of Representatives not later than 24 months after fi11 nancial assistance is made available to the California 

12 Water Institute under subsection (a)(1). 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated to carry out this section 

15 $1,000,000 to remain available until expended. 

16 PART III—FRIANT DIVISION IMPROVEMENTS 

17 SEC. 10201. FEDERAL FACILITY IMPROVEMENTS. 

18 (a) The Secretary of the Interior (hereafter referred to 

19 as the ‘‘Secretary’’) is authorized and directed to conduct 

20 feasibility studies in coordination with appropriate Fed21 eral, State, regional, and local authorities on the following 

22 improvements and facilities in the Friant Division, Central 

23 Valley Project, California: 

24 (1) Restoration of the capacity of the Friant25 Kern Canal and Madera Canal to such capacity as 
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1 previously designed and constructed by the Bureau of 

2 Reclamation. 

3 (2) Reverse flow pump-back facilities on the 

4 Friant-Kern Canal, with reverse-flow capacity of ap5 proximately 500 cubic feet per second at the Poso and 

6 Shafter Check Structures and approximately 300 

7 cubic feet per second at the Woollomes Check Struc8 ture. 

9 (b) Upon completion of and consistent with the appli10 cable feasibility studies, the Secretary is authorized to con11 struct the improvements and facilities identified in sub12 section (a) in accordance with all applicable Federal and 

13 State laws. 

14 (c) The costs of implementing this section shall be in 

15 accordance with section 10203, and shall be a nonreimburs16 able Federal expenditure. 

17 SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS. 

18 (a) AUTHORIZATION.—The Secretary is authorized to 

19 provide financial assistance to local agencies within the 

20 Central Valley Project, California, for the planning, design, 

21 environmental compliance, and construction of local facili22 ties to bank water underground or to recharge groundwater, 

23 and that recover such water, provided that the project meets 

24 the criteria in subsection (b). The Secretary is further au25 thorized to require that any such local agency receiving fi-
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1 nancial assistance under the terms of this section submit 

2 progress reports and accountings to the Secretary, as the 

3 Secretary deems appropriate, which such reports shall be 

4 publicly available. 

5 (b) CRITERIA.— 

6 (1) A project shall be eligible for Federal finan7 cial assistance under subsection (a) only if all or a 

8 portion of the project is designed to reduce, avoid, or 

9 offset the quantity of the expected water supply im10 pacts to Friant Division long-term contractors caused 

11 by the Interim or Restoration Flows authorized in 

12 part I of this subtitle, and such quantities have not 

13 already been reduced, avoided, or offset by other pro14 grams or projects. 

15 (2) Federal financial assistance shall only apply 

16 to the portion of a project that the local agency des17 ignates as reducing, avoiding, or offsetting the ex18 pected water supply impacts caused by the Interim or 

19 Restoration Flows authorized in part I of this sub20 title, consistent with the methodology developed pursu21 ant to paragraph (3)(C). 

22 (3) No Federal financial assistance shall be pro23 vided by the Secretary under this part for construc24 tion of a project under subsection (a) unless the Sec25 retary— 
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1 (A) determines that appropriate planning, 

2 design, and environmental compliance activities 

3 associated with such a project have been com4 pleted, and that the Secretary has been offered 

5 the opportunity to participate in the project at 

6 a price that is no higher than the local agency’s 

7 own costs, in order to secure necessary storage, 

8 extraction, and conveyance rights for water that 

9 may be needed to meet the Restoration Goal as 

10 described in part I of this subtitle, where such 

11 project has capacity beyond that designated for 

12 the purposes in paragraph (2) or where it is fea13 sible to expand such project to allow participa14 tion by the Secretary; 

15 (B) determines, based on information avail16 able at the time, that the local agency has the fi17 nancial capability and willingness to fund its 

18 share of the project’s construction and all oper19 ation and maintenance costs on an annual basis; 

20 (C) determines that a method acceptable to 

21 the Secretary has been developed for quantifying 

22 the benefit, in terms of reduction, avoidance, or 

23 offset of the water supply impacts expected to be 

24 caused by the Interim or Restoration Flows au25 thorized in part I of this subtitle, that will result 
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1 from the project, and for ensuring appropriate 

2 adjustment in the recovered water account pur3 suant to section 10004(a)(5); and 

4 (D) has entered into a cost-sharing agree5 ment with the local agency which commits the 

6 local agency to funding its share of the project’s 

7 construction costs on an annual basis. 

8 (c) GUIDELINES.—Within 1 year from the date of en9 actment of this part, the Secretary shall develop, in con10 sultation with the Friant Division long-term contractors, 

11 proposed guidelines for the application of the criteria de12 fined in subsection (b), and will make the proposed guide13 lines available for public comment. Such guidelines may 

14 consider prioritizing the distribution of available funds to 

15 projects that provide the broadest benefit within the affected 

16 area and the equitable allocation of funds. Upon adoption 

17 of such guidelines, the Secretary shall implement such as18 sistance program, subject to the availability of funds appro19 priated for such purpose. 

20 (d) COST SHARING.—The Federal financial assistance 

21 provided to local agencies under subsection (a) shall not ex22 ceed— 

23 (1) 50 percent of the costs associated with plan24 ning, design, and environmental compliance activities 

25 associated with such a project; and 
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1 (2) 50 percent of the costs associated with con2 struction of any such project. 

3 (e) PROJECT OWNERSHIP.— 

4 (1) Title to, control over, and operation of, 

5 projects funded under subsection (a) shall remain in 

6 one or more non-Federal local agencies. Nothing in 

7 this part authorizes the Secretary to operate a 

8 groundwater bank along or adjacent to the San Joa9 quin River upstream of the confluence with the 

10 Merced River, and any such groundwater bank shall 

11 be operated by a non-Federal entity. All projects 

12 funded pursuant to this subsection shall comply with 

13 all applicable Federal and State laws, including pro14 visions of California water law. 

15 (2) All operation, maintenance, and replacement 

16 and rehabilitation costs of such projects shall be the 

17 responsibility of the local agency. The Secretary shall 

18 not provide funding for any operation, maintenance, 

19 or replacement and rehabilitation costs of projects 

20 funded under subsection (a). 

21 SEC. 10203. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) The Secretary is authorized and directed to use 

23 monies from the fund established under section 10009 to 

24 carry out the provisions of section 10201(a)(1), in an 

25 amount not to exceed $35,000,000. 
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1 (b) In addition to the funds made available pursuant 

2 to subsection (a), the Secretary is also authorized to expend 

3 such additional funds from the fund established under sec4 tion 10009 to carry out the purposes of section 10201(a)(2), 

5 if such facilities have not already been authorized and fund6 ed under the plan provided for pursuant to section 

7 10004(a)(4), in an amount not to exceed $17,000,000, pro8 vided that the Secretary first determines that such expendi9 ture will not conflict with or delay his implementation of 

10 actions required by part I of this subtitle. Notice of the Sec11 retary’s determination shall be published not later than his 

12 submission of the report to Congress required by section 

13 10009(f)(2). 

14 (c) In addition to funds made available in subsections 

15 (a) and (b), there are authorized to be appropriated 

16 $50,000,000 (October 2008 price levels) to carry out the 

17 purposes of this part which shall be non-reimbursable. 

18 Subtitle B—Northwestern New 

19 Mexico Rural Water Projects 

20 SEC. 10301. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Northwestern New 

22 Mexico Rural Water Projects Act’’. 

23 SEC. 10302. DEFINITIONS. 

24 In this subtitle: 
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1 (1) AAMODT ADJUDICATION.—The term ‘‘Aamodt 

2 adjudication’’ means the general stream adjudication 

3 that is the subject of the civil action entitled ‘‘State 

4 of New Mexico, ex rel. State Engineer and United 

5 States of America, Pueblo de Nambe, Pueblo de 

6 Pojoaque, Pueblo de San Ildefonso, and Pueblo de 

7 Tesuque v. R. Lee Aamodt, et al.’’, No. 66 CV 6639 

8 MV/LCS (D.N.M.). 

9 (2) ABEYTA ADJUDICATION.—The term ‘‘Abeyta 

10 adjudication’’ means the general stream adjudication 

11 that is the subject of the civil actions entitled ‘‘State 

12 of New Mexico v. Abeyta and State of New Mexico v. 

13 Arrellano’’, Civil Nos. 7896–BB (D.N.M) and 7939– 

14 BB (D.N.M.) (consolidated). 

15 (3) ACRE-FEET.—The term ‘‘acre-feet’’ means 

16 acre-feet per year. 

17 (4) AGREEMENT.—The term ‘‘Agreement’’ means 

18 the agreement among the State of New Mexico, the 

19 Nation, and the United States setting forth a stipu20 lated and binding agreement signed by the State of 

21 New Mexico and the Nation on April 19, 2005. 

22 (5) ALLOTTEE.—The term ‘‘allottee’’ means a 

23 person that holds a beneficial real property interest in 

24 a Navajo allotment that— 
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1 (A) is located within the Navajo Reserva2 tion or the State of New Mexico; 

3 (B) is held in trust by the United States; 

4 and 

5 (C) was originally granted to an individual 

6 member of the Nation by public land order or 

7 otherwise. 

8 (6) ANIMAS-LA PLATA PROJECT.—The term 

9 ‘‘Animas-La Plata Project’’ has the meaning given 

10 the term in section 3 of Public Law 100–585 (102 

11 Stat. 2973), including Ridges Basin Dam, Lake 

12 Nighthorse, the Navajo Nation Municipal Pipeline, 

13 and any other features or modifications made pursu14 ant to the Colorado Ute Settlement Act Amendments 

15 of 2000 (Public Law 106–554; 114 Stat. 2763A–258). 

16 (7) CITY.—The term ‘‘City’’ means the city of 

17 Gallup, New Mexico, or a designee of the City, with 

18 authority to provide water to the Gallup, New Mexico 

19 service area. 

20 (8) COLORADO RIVER COMPACT.—The term ‘‘Col21 orado River Compact’’ means the Colorado River 

22 Compact of 1922 as approved by Congress in the Act 

23 of December 21, 1928 (45 Stat. 1057) and by the 

24 Presidential Proclamation of June 25, 1929 (46 Stat. 

25 3000). 
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1 (9) COLORADO RIVER SYSTEM.—The term ‘‘Colo2 rado River System’’ has the same meaning given the 

3 term in Article II(a) of the Colorado River Compact. 

4 (10) COMPACT.—The term ‘‘Compact’’ means the 

5 Upper Colorado River Basin Compact as consented to 

6 by the Act of April 6, 1949 (63 Stat. 31, chapter 48). 

7 (11) CONTRACT.—The term ‘‘Contract’’ means 

8 the contract between the United States and the Nation 

9 setting forth certain commitments, rights, and obliga10 tions of the United States and the Nation, as de11 scribed in paragraph 6.0 of the Agreement. 

12 (12) DEPLETION.—The term ‘‘depletion’’ means 

13 the depletion of the flow of the San Juan River 

14 stream system in the State of New Mexico by a par15 ticular use of water (including any depletion incident 

16 to the use) and represents the diversion from the 

17 stream system by the use, less return flows to the 

18 stream system from the use. 

19 (13) DRAFT IMPACT STATEMENT.—The term 

20 ‘‘Draft Impact Statement’’ means the draft environ21 mental impact statement prepared by the Bureau of 

22 Reclamation for the Project dated March 2007. 

23 (14) FUND.—The term ‘‘Fund’’ means the Rec24 lamation Waters Settlements Fund established by sec25 tion 10501(a). 
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1 (15) HYDROLOGIC DETERMINATION.—The term 

2 ‘‘hydrologic determination’’ means the hydrologic de3 termination entitled ‘‘Water Availability from Navajo 

4 Reservoir and the Upper Colorado River Basin for 

5 Use in New Mexico,’’ prepared by the Bureau of Rec6 lamation pursuant to section 11 of the Act of June 

7 13, 1962 (Public Law 87–483; 76 Stat. 99), and 

8 dated May 23, 2007. 

9 (16) LOWER BASIN.—The term ‘‘Lower Basin’’ 

10 has the same meaning given the term in Article II(g) 

11 of the Colorado River Compact. 

12 (17) NATION.—The term ‘‘Nation’’ means the 

13 Navajo Nation, a body politic and federally-recog14 nized Indian nation as provided for in section 101(2) 

15 of the Federally Recognized Indian Tribe List of 1994 

16 (25 U.S.C. 497a(2)), also known variously as the 

17 ‘‘Navajo Tribe,’’ the ‘‘Navajo Tribe of Arizona, New 

18 Mexico & Utah,’’ and the ‘‘Navajo Tribe of Indians’’ 

19 and other similar names, and includes all bands of 

20 Navajo Indians and chapters of the Navajo Nation. 

21 (18) NAVAJO-GALLUP WATER SUPPLY PROJECT; 

22 PROJECT.—The term ‘‘Navajo-Gallup Water Supply 

23 Project’’ or ‘‘Project’’ means the Navajo-Gallup Water 

24 Supply Project authorized under section 10602(a), as 
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1 described as the preferred alternative in the Draft Im2 pact Statement. 

3 (19) NAVAJO INDIAN IRRIGATION PROJECT.—The 

4 term ‘‘Navajo Indian Irrigation Project’’ means the 

5 Navajo Indian irrigation project authorized by sec6 tion 2 of Public Law 87–483 (76 Stat. 96). 

7 (20) NAVAJO RESERVOIR.—The term ‘‘Navajo 

8 Reservoir’’ means the reservoir created by the im9 poundment of the San Juan River at Navajo Dam, 

10 as authorized by the Act of April 11, 1956 (commonly 

11 known as the ‘‘Colorado River Storage Project Act’’) 

12 (43 U.S.C. 620 et seq.). 

13 (21) NAVAJO NATION MUNICIPAL PIPELINE; PIPE14 LINE.—The term ‘‘Navajo Nation Municipal Pipe15 line’’ or ‘‘Pipeline’’ means the pipeline used to convey 

16 the water of the Animas-La Plata Project of the Nav17 ajo Nation from the City of Farmington, New Mexico, 

18 to communities of the Navajo Nation located in close 

19 proximity to the San Juan River Valley in the State 

20 of New Mexico (including the City of Shiprock), as 

21 authorized by section 15(b) of the Colorado Ute In22 dian Water Rights Settlement Act of 1988 (Public 

23 Law 100–585; 102 Stat. 2973; 114 Stat. 2763A–263). 

24 (22) NON-NAVAJO IRRIGATION DISTRICTS.—The 

25 term ‘‘Non-Navajo Irrigation Districts’’ means— 
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1 (A) the Hammond Conservancy District; 

2 (B) the Bloomfield Irrigation District; and 

3 (C) any other community ditch organiza4 tion in the San Juan River basin in the State 

5 of New Mexico. 

6 (23) PARTIAL FINAL DECREE.—The term ‘‘Par7 tial Final Decree’’ means a final and binding judg8 ment and decree entered by a court in the stream ad9 judication, setting forth the rights of the Nation to use 

10 and administer waters of the San Juan River Basin 

11 in New Mexico, as set forth in Appendix 1 of the 

12 Agreement. 

13 (24) PROJECT PARTICIPANTS.—The term 

14 ‘‘Project Participants’’ means the City, the Nation, 

15 and the Jicarilla Apache Nation. 

16 (25) SAN JUAN RIVER BASIN RECOVERY IMPLE17 MENTATION PROGRAM.—The term ‘‘San Juan River 

18 Basin Recovery Implementation Program’’ means the 

19 intergovernmental program established pursuant to 

20 the cooperative agreement dated October 21, 1992 (in21 cluding any amendments to the program). 

22 (26) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior, acting through the Com24 missioner of Reclamation or any other designee. 
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1 (27) STREAM ADJUDICATION.—The term ‘‘stream 

2 adjudication’’ means the general stream adjudication 

3 that is the subject of New Mexico v. United States, et 

4 al., No. 75–185 (11th Jud. Dist., San Juan County, 

5 New Mexico) (involving claims to waters of the San 

6 Juan River and the tributaries of that river). 

7 (28) SUPPLEMENTAL PARTIAL FINAL DECREE.— 

8 The term ‘‘Supplemental Partial Final Decree’’ 

9 means a final and binding judgment and decree en10 tered by a court in the stream adjudication, setting 

11 forth certain water rights of the Nation, as set forth 

12 in Appendix 2 of the Agreement. 

13 (29) TRUST FUND.—The term ‘‘Trust Fund’’ 

14 means the Navajo Nation Water Resources Develop15 ment Trust Fund established by section 10702(a). 

16 (30) UPPER BASIN.—The term ‘‘Upper Basin’’ 

17 has the same meaning given the term in Article II(f) 

18 of the Colorado River Compact. 

19 SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL LAWS. 

20 (a) EFFECT OF EXECUTION OF AGREEMENT.—The 

21 execution of the Agreement under section 10701(a)(2) shall 

22 not constitute a major Federal action under the National 

23 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

24 (b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In 

25 carrying out this subtitle, the Secretary shall comply with 
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1 each law of the Federal Government relating to the protec2 tion of the environment, including— 

3 (1) the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.); and 

5 (2) the Endangered Species Act of 1973 (16 

6 U.S.C. 1531 et seq.). 

7 SEC. 10304. NO REALLOCATION OF COSTS. 

8 (a) EFFECT OF ACT.—Notwithstanding any other pro9 vision of law, the Secretary shall not reallocate or reassign 

10 any costs of projects that have been authorized under the 

11 Act of April 11, 1956 (commonly known as the ‘‘Colorado 

12 River Storage Project Act’’) (43 U.S.C. 620 et seq.), as of 

13 the date of enactment of this Act because of— 

14 (1) the authorization of the Navajo-Gallup Water 

15 Supply Project under this subtitle; or 

16 (2) the changes in the uses of the water diverted 

17 by the Navajo Indian Irrigation Project or the waters 

18 stored in the Navajo Reservoir authorized under this 

19 subtitle. 

20 (b) USE OF POWER REVENUES.—Notwithstanding 

21 any other provision of law, no power revenues under the 

22 Act of April 11, 1956 (commonly known as the ‘‘Colorado 

23 River Storage Project Act’’) (43 U.S.C. 620 et seq.), shall 

24 be used to pay or reimburse any costs of the Navajo Indian 

25 Irrigation Project or Navajo-Gallup Water Supply Project. 
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1 SEC. 10305. INTEREST RATE. 

2 Notwithstanding any other provision of law, the inter3 est rate applicable to any repayment contract entered into 

4 under section 10604 shall be equal to the discount rate for 

5 Federal water resources planning, as determined by the Sec6 retary. 

7 PART I—AMENDMENTS TO THE COLORADO RIVER 

8 STORAGE PROJECT ACT AND PUBLIC LAW 87–483 

9 SEC. 10401. AMENDMENTS TO THE COLORADO RIVER STOR10 AGE PROJECT ACT. 

11 (a) PARTICIPATING PROJECTS.—Paragraph (2) of the 

12 first section of the Act of April 11, 1956 (commonly known 

13 as the ‘‘Colorado River Storage Project Act’’) (43 U.S.C. 

14 620(2)) is amended by inserting ‘‘the Navajo-Gallup Water 

15 Supply Project,’’ after ‘‘Fruitland Mesa,’’. 

16 (b) NAVAJO RESERVOIR WATER BANK.—The Act of 

17 April 11, 1956 (commonly known as the ‘‘Colorado River 

18 Storage Project Act’’) is amended— 

19 (1) by redesignating section 16 (43 U.S.C. 620o) 

20 as section 17; and 

21 (2) by inserting after section 15 (43 U.S.C. 

22 620n) the following: 

23 ‘‘SEC. 16. (a) The Secretary of the Interior may create 

24 and operate within the available capacity of Navajo Res25 ervoir a top water bank. 
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1 ‘‘(b) Water made available for the top water bank in 

2 accordance with subsections (c) and (d) shall not be subject 

3 to section 11 of Public Law 87–483 (76 Stat. 99). 

4 ‘‘(c) The top water bank authorized under subsection 

5 (a) shall be operated in a manner that— 

6 ‘‘(1) is consistent with applicable law, except 

7 that, notwithstanding any other provision of law, 

8 water for purposes other than irrigation may be 

9 stored in the Navajo Reservoir pursuant to the rules 

10 governing the top water bank established under this 

11 section; and 

12 ‘‘(2) does not impair the ability of the Secretary 

13 of the Interior to deliver water under contracts en14 tered into under— 

15 ‘‘(A) Public Law 87–483 (76 Stat. 96); and 

16 ‘‘(B) New Mexico State Engineer File Nos. 

17 2847, 2848, 2849, and 2917. 

18 ‘‘(d)(1) The Secretary of the Interior, in cooperation 

19 with the State of New Mexico (acting through the Interstate 

20 Stream Commission), shall develop any terms and proce21 dures for the storage, accounting, and release of water in 

22 the top water bank that are necessary to comply with sub23 section (c). 

24 ‘‘(2) The terms and procedures developed under para25 graph (1) shall include provisions requiring that— 
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1 ‘‘(A) the storage of banked water shall be subject 

2 to approval under State law by the New Mexico State 

3 Engineer to ensure that impairment of any existing 

4 water right does not occur, including storage of water 

5 under New Mexico State Engineer File No. 2849; 

6 ‘‘(B) water in the top water bank be subject to 

7 evaporation and other losses during storage; 

8 ‘‘(C) water in the top water bank be released for 

9 delivery to the owner or assigns of the banked water 

10 on request of the owner, subject to reasonable sched11 uling requirements for making the release; 

12 ‘‘(D) water in the top water bank be the first 

13 water spilled or released for flood control purposes in 

14 anticipation of a spill, on the condition that top 

15 water bank water shall not be released or included for 

16 purposes of calculating whether a release should occur 

17 for purposes of satisfying the flow recommendations of 

18 the San Juan River Basin Recovery Implementation 

19 Program; and 

20 ‘‘(E) water eligible for banking in the top water 

21 bank shall be water that otherwise would have been 

22 diverted and beneficially used in New Mexico that 

23 year. 

24 ‘‘(e) The Secretary of the Interior may charge fees to 

25 water users that use the top water bank in amounts suffi-
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1 cient to cover the costs incurred by the United States in 

2 administering the water bank.’’. 

3 SEC. 10402. AMENDMENTS TO PUBLIC LAW 87–483. 

4 (a) NAVAJO INDIAN IRRIGATION PROJECT.—Public 

5 Law 87–483 (76 Stat. 96) is amended by striking section 

6 2 and inserting the following: 

7 ‘‘SEC. 2. (a) In accordance with the Act of April 11, 

8 1956 (commonly known as the ‘Colorado River Storage 

9 Project Act’) (43 U.S.C. 620 et seq.), the Secretary of the 

10 Interior is authorized to construct, operate, and maintain 

11 the Navajo Indian Irrigation Project to provide irrigation 

12 water to a service area of not more than 110,630 acres of 

13 land. 

14 ‘‘(b)(1) Subject to paragraph (2), the average annual 

15 diversion by the Navajo Indian Irrigation Project from the 

16 Navajo Reservoir over any consecutive 10-year period shall 

17 be the lesser of— 

18 ‘‘(A) 508,000 acre-feet per year; or 

19 ‘‘(B) the quantity of water necessary to supply 

20 an average depletion of 270,000 acre-feet per year. 

21 ‘‘(2) The quantity of water diverted for any 1 year 

22 shall not exceed the average annual diversion determined 

23 under paragraph (1) by more than 15 percent. 

24 ‘‘(c) In addition to being used for irrigation, the water 

25 diverted by the Navajo Indian Irrigation Project under sub-
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1 section (b) may be used within the area served by Navajo 

2 Indian Irrigation Project facilities for the following pur3 poses: 

4 ‘‘(1) Aquaculture purposes, including the rearing 

5 of fish in support of the San Juan River Basin Re6 covery Implementation Program authorized by Public 

7 Law 106–392 (114 Stat. 1602). 

8 ‘‘(2) Domestic, industrial, or commercial pur9 poses relating to agricultural production and proc10 essing. 

11 ‘‘(3)(A) The generation of hydroelectric power as 

12 an incident to the diversion of water by the Navajo 

13 Indian Irrigation Project for authorized purposes. 

14 ‘‘(B) Notwithstanding any other provision of 

15 law— 

16 ‘‘(i) any hydroelectric power generated 

17 under this paragraph shall be used or marketed 

18 by the Navajo Nation; 

19 ‘‘(ii) the Navajo Nation shall retain any 

20 revenues from the sale of the hydroelectric power; 

21 and 

22 ‘‘(iii) the United States shall have no trust 

23 obligation to monitor, administer, or account for 

24 the revenues received by the Navajo Nation, or 

25 the expenditure of the revenues. 
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1 ‘‘(4) The implementation of the alternate water 

2 source provisions described in subparagraph 9.2 of the 

3 agreement executed under section 10701(a)(2) of the 

4 Northwestern New Mexico Rural Water Projects Act. 

5 ‘‘(d) The Navajo Indian Irrigation Project water di6 verted under subsection (b) may be transferred to areas lo7 cated within or outside the area served by Navajo Indian 

8 Irrigation Project facilities, and within or outside the 

9 boundaries of the Navajo Nation, for any beneficial use in 

10 accordance with— 

11 ‘‘(1) the agreement executed under section 

12 10701(a)(2) of the Northwestern New Mexico Rural 

13 Water Projects Act; 

14 ‘‘(2) the contract executed under section 

15 10604(a)(2)(B) of that Act; and 

16 ‘‘(3) any other applicable law. 

17 ‘‘(e) The Secretary may use the capacity of the Navajo 

18 Indian Irrigation Project works to convey water supplies 

19 for— 

20 ‘‘(1) the Navajo-Gallup Water Supply Project 

21 under section 10602 of the Northwestern New Mexico 

22 Rural Water Projects Act; or 

23 ‘‘(2) other nonirrigation purposes authorized 

24 under subsection (c) or (d). 
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1 ‘‘(f)(1) Repayment of the costs of construction of the 

2 project (as authorized in subsection (a)) shall be in accord3 ance with the Act of April 11, 1956 (commonly known as 

4 the ‘Colorado River Storage Project Act’) (43 U.S.C. 620 

5 et seq.), including section 4(d) of that Act. 

6 ‘‘(2) The Secretary shall not reallocate, or require re7 payment of, construction costs of the Navajo Indian Irriga8 tion Project because of the conveyance of water supplies for 

9 nonirrigation purposes under subsection (e).’’. 

10 (b) RUNOFF ABOVE NAVAJO DAM.—Section 11 of Pub11 lic Law 87–483 (76 Stat. 100) is amended by adding at 

12 the end the following: 

13 ‘‘(d)(1) For purposes of implementing in a year of pro14 spective shortage the water allocation procedures established 

15 by subsection (a), the Secretary of the Interior shall deter16 mine the quantity of any shortages and the appropriate ap17 portionment of water using the normal diversion require18 ments on the flow of the San Juan River originating above 

19 Navajo Dam based on the following criteria: 

20 ‘‘(A) The quantity of diversion or water delivery 

21 for the current year anticipated to be necessary to ir22 rigate land in accordance with cropping plans pre23 pared by contractors. 

24 ‘‘(B) The annual diversion or water delivery de25 mands for the current year anticipated for non-irri-
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1 gation uses under water delivery contracts, including 

2 contracts authorized by the Northwestern New Mexico 

3 Rural Water Projects Act, but excluding any current 

4 demand for surface water for placement into aquifer 

5 storage for future recovery and use. 

6 ‘‘(C) An annual normal diversion demand of 

7 135,000 acre-feet for the initial stage of the San 

8 Juan-Chama Project authorized by section 8, which 

9 shall be the amount to which any shortage is applied. 

10 ‘‘(2) The Secretary shall not include in the normal di11 version requirements— 

12 ‘‘(A) the quantity of water that reliably can be 

13 anticipated to be diverted or delivered under a con14 tract from inflows to the San Juan River arising 

15 below Navajo Dam under New Mexico State Engineer 

16 File No. 3215; or 

17 ‘‘(B) the quantity of water anticipated to be sup18 plied through reuse. 

19 ‘‘(e)(1) If the Secretary determines that there is a 

20 shortage of water under subsection (a), the Secretary shall 

21 respond to the shortage in the Navajo Reservoir water sup22 ply by curtailing releases and deliveries in the following 

23 order: 

24 ‘‘(A) The demand for delivery for uses in the 

25 State of Arizona under the Navajo-Gallup Water Sup-
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1 ply Project authorized by section 10603 of the North2 western New Mexico Rural Water Projects Act, ex3 cluding the quantity of water anticipated to be di4 verted for the uses from inflows to the San Juan 

5 River that arise below Navajo Dam in accordance 

6 with New Mexico State Engineer File No. 3215. 

7 ‘‘(B) The demand for delivery for uses allocated 

8 under paragraph 8.2 of the agreement executed under 

9 section 10701(a)(2) of the Northwestern New Mexico 

10 Rural Water Projects Act, excluding the quantity of 

11 water anticipated to be diverted for such uses under 

12 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 
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1 stored in a top water bank in Navajo Reservoir established 

2 under section 16(a) of the Act of April 11, 1956 (commonly 

3 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 vol6 ume 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 File 

18 No. 3215 shall be distributed, to the maximum extent water 

19 is available, in proportionate amounts to the diversion de20 mands of contractors and subcontractors of the Navajo Res21 ervoir water supply that are diverting water below Navajo 

22 Dam.’’. 
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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 otherwise 

4 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, chapter 

26 48); 
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1 (10) the Jicarilla Apache Tribe Water Rights 

2 Settlement Act (106 Stat. 2237); or 

3 (11) section 205 of the Energy and Water Devel4 opment Appropriations Act, 2005 (118 Stat. 2949). 

5 PART II—RECLAMATION WATER SETTLEMENTS 

6 FUND 

7 SEC. 10501. RECLAMATION WATER SETTLEMENTS FUND. 

8 (a) ESTABLISHMENT.—There is established in the 

9 Treasury of the United States a fund, to be known as the 

10 ‘‘Reclamation Water Settlements Fund’’, consisting of— 

11 (1) such amounts as are deposited to the Fund 

12 under subsection (b); and 

13 (2) any interest earned on investment of 

14 amounts in the Fund under subsection (d). 

15 (b) DEPOSITS TO FUND.— 

16 (1) IN GENERAL.—For each of fiscal years 2020 

17 through 2029, the Secretary of the Treasury shall de18 posit in the Fund, if available, $120,000,000 of the 

19 revenues that would otherwise be deposited for the fis20 cal year in the fund established by the first section of 

21 the Act of June 17, 1902 (32 Stat. 388, chapter 

22 1093). 

23 (2) AVAILABILITY OF AMOUNTS.—Amounts de24 posited in the Fund under paragraph (1) shall be 

25 made available pursuant to this section— 
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1 (A) without further appropriation; and 

2 (B) in addition to amounts appropriated 

3 pursuant to any authorization contained in any 

4 other provision of law. 

5 (c) EXPENDITURES FROM FUND.— 

6 (1) IN GENERAL.— 

7 (A) EXPENDITURES.—Subject to subpara8 graph (B), for each of fiscal years 2020 through 

9 2034, the Secretary may expend from the Fund 

10 an amount not to exceed $120,000,000, plus the 

11 interest accrued in the Fund, for the fiscal year 

12 in which expenditures are made pursuant to 

13 paragraphs (2) and (3). 

14 (B) ADDITIONAL EXPENDITURES.—The Sec15 retary may expend more than $120,000,000 for 

16 any fiscal year if such amounts are available in 

17 the Fund due to expenditures not reaching 

18 $120,000,000 for prior fiscal years. 

19 (2) AUTHORITY.—The Secretary may expend 

20 money from the Fund to implement a settlement 

21 agreement approved by Congress that resolves, in 

22 whole or in part, litigation involving the United 

23 States, if the settlement agreement or implementing 

24 legislation requires the Bureau of Reclamation to pro-
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1 vide financial assistance for, or plan, design, and 

2 construct— 

3 (A) water supply infrastructure; or 

4 (B) a project— 

5 (i) to rehabilitate a water delivery sys6 tem to conserve water; or 

7 (ii) to restore fish and wildlife habitat 

8 or otherwise improve environmental condi9 tions associated with or affected by, or lo10 cated within the same river basin as, a Fed11 eral reclamation project that is in existence 

12 on the date of enactment of this Act. 

13 (3) USE FOR COMPLETION OF PROJECT AND

14 OTHER SETTLEMENTS.— 

15 (A) PRIORITIES.— 

16 (i) FIRST PRIORITY.— 

17 (I) IN GENERAL.—The first pri18 ority for expenditure of amounts in the 

19 Fund during the entire period in 

20 which the Fund is in existence shall be 

21 for the purposes described in, and in 

22 the order of, clauses (i) through (iv) of 

23 subparagraph (B). 

24 (II) RESERVED AMOUNTS.—The 

25 Secretary shall reserve and use 
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1 amounts deposited into the Fund in 

2 accordance with subclause (I). 

3 (ii) OTHER PURPOSES.—Any amounts 

4 in the Fund that are not needed for the pur5 poses described in subparagraph (B) may be 

6 used for other purposes authorized in para7 graph (2). 

8 (B) COMPLETION OF PROJECT.— 

9 (i) NAVAJO-GALLUP WATER SUPPLY

10 PROJECT.— 

11 (I) IN GENERAL.—Subject to sub12 clause (II), effective beginning January 

13 1, 2020, if, in the judgment of the Sec14 retary on an annual basis the deadline 

15 described in section 10701(e)(1)(A)(ix) 

16 is unlikely to be met because a suffi17 cient amount of funding is not other18 wise available through appropriations 

19 made available pursuant to section 

20 10609(a), the Secretary shall expend 

21 from the Fund such amounts on an 

22 annual basis consistent with para23 graphs (1) and (2), as are necessary to 

24 pay the Federal share of the costs, and 

25 substantially complete as expeditiously 
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1 as practicable, the construction of the 

2 water supply infrastructure authorized 

3 as part of the Project. 

4 (II) MAXIMUM AMOUNT.— 

5 (aa) IN GENERAL.—Except 

6 as provided under item (bb), the 

7 amount expended under subclause 

8 (I) shall not exceed $500,000,000 

9 for the period of fiscal years 2020 

10 through 2029. 

11 (bb) EXCEPTION.—The limi12 tation on the expenditure amount 

13 under item (aa) may be exceeded 

14 during the entire period in which 

15 the Fund is in existence if such 

16 additional funds can be expended 

17 without limiting the amounts 

18 identified in clauses (ii) through 

19 (iv). 

20 (ii) OTHER NEW MEXICO SETTLE21 MENTS.— 

22 (I) IN GENERAL.—Subject to sub23 clause (II), effective beginning January 

24 1, 2020, in addition to the funding 

25 made available under clause (i), if in 
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1 the judgment of the Secretary on an 

2 annual basis a sufficient amount of 

3 funding is not otherwise available 

4 through annual appropriations, the 

5 Secretary shall expend from the Fund 

6 such amounts on an annual basis con7 sistent with paragraphs (1) and (2), as 

8 are necessary to pay the Federal share 

9 of the remaining costs of implementing 

10 the Indian water rights settlement 

11 agreements entered into by the State of 

12 New Mexico in the Aamodt adjudica13 tion and the Abeyta adjudication, if 

14 such settlements are subsequently ap15 proved and authorized by an Act of 

16 Congress and the implementation pe17 riod has not already expired. 

18 (II) MAXIMUM AMOUNT.—The 

19 amount expended under subclause (I) 

20 shall not exceed $250,000,000. 

21 (iii) MONTANA SETTLEMENTS.— 

22 (I) IN GENERAL.—Subject to sub23 clause (II), effective beginning January 

24 1, 2020, in addition to funding made 

25 available pursuant to clauses (i) and 
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1 (ii), if in the judgment of the Secretary 

2 on an annual basis a sufficient 

3 amount of funding is not otherwise 

4 available through annual appropria5 tions, the Secretary shall expend from 

6 the Fund such amounts on an annual 

7 basis consistent with paragraphs (1) 

8 and (2), as are necessary to pay the 

9 Federal share of the remaining costs of 

10 implementing Indian water rights set11 tlement agreements entered into by the 

12 State of Montana with the Blackfeet 

13 Tribe, the Crow Tribe, or the Gros 

14 Ventre and Assiniboine Tribes of the 

15 Fort Belknap Indian Reservation in 

16 the judicial proceeding entitled ‘‘In re 

17 the General Adjudication of All the 

18 Rights to Use Surface and Ground19 water in the State of Montana’’, if a 

20 settlement or settlements are subse21 quently approved and authorized by an 

22 Act of Congress and the implementa23 tion period has not already expired. 

24 (II) MAXIMUM AMOUNT.— 
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1 (aa) IN GENERAL.—Except 

2 as provided under item (bb), the 

3 amount expended under subclause 

4 (I) shall not exceed $350,000,000 

5 for the period of fiscal years 2020 

6 through 2029. 

7 (bb) EXCEPTION.—The limi8 tation on the expenditure amount 

9 under item (aa) may be exceeded 

10 during the entire period in which 

11 the Fund is in existence if such 

12 additional funds can be expended 

13 without limiting the amounts 

14 identified in clause (i), (ii), and 

15 (iv). 

16 (cc) OTHER FUNDING.—The 

17 Secretary shall ensure that any 

18 funding under this clause shall be 

19 provided in a manner that does 

20 not limit the funding available 

21 pursuant to clauses (i) and (ii). 

22 (iv) ARIZONA SETTLEMENT.— 

23 (I) IN GENERAL.—Subject to sub24 clause (II), effective beginning January 

25 1, 2020, in addition to funding made 
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1 available pursuant to clauses (i), (ii), 

2 and (iii), if in the judgment of the Sec3 retary on an annual basis a sufficient 

4 amount of funding is not otherwise 

5 available through annual appropria6 tions, the Secretary shall expend from 

7 the Fund such amounts on an annual 

8 basis consistent with paragraphs (1) 

9 and (2), as are necessary to pay the 

10 Federal share of the remaining costs of 

11 implementing an Indian water rights 

12 settlement agreement entered into by 

13 the State of Arizona with the Navajo 

14 Nation to resolve the water rights 

15 claims of the Nation in the Lower Col16 orado River basin in Arizona, if a set17 tlement is subsequently approved and 

18 authorized by an Act of Congress and 

19 the implementation period has not al20 ready expired. 

21 (II) MAXIMUM AMOUNT.— 

22 (aa) IN GENERAL.—Except 

23 as provided under item (bb), the 

24 amount expended under subclause 

25 (I) shall not exceed $100,000,000 
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1 for the period of fiscal years 2020 

2 through 2029. 

3 (bb) EXCEPTION.—The limi4 tation on the expenditure amount 

5 under item (aa) may be exceeded 

6 during the entire period in which 

7 the Fund is in existence if such 

8 additional funds can be expended 

9 without limiting the amounts 

10 identified in clauses (i) through 

11 (iii). 

12 (cc) OTHER FUNDING.—The 

13 Secretary shall ensure that any 

14 funding under this clause shall be 

15 provided in a manner that does 

16 not limit the funding available 

17 pursuant to clauses (i) and (ii). 

18 (C) REVERSION.—If the settlements de19 scribed in clauses (ii) through (iv) of subpara20 graph (B) have not been approved and author21 ized by an Act of Congress by December 31, 

22 2019, the amounts reserved for the settlements 

23 shall no longer be reserved by the Secretary pur24 suant to subparagraph (A)(i) and shall revert to 
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1 the Fund for any authorized use, as determined 

2 by the Secretary. 

3 (d) INVESTMENT OF AMOUNTS.— 

4 (1) IN GENERAL.—The Secretary shall invest 

5 such portion of the Fund as is not, in the judgment 

6 of the Secretary, required to meet current with7 drawals. 

8 (2) CREDITS TO FUND.—The interest on, and the 

9 proceeds from the sale or redemption of, any obliga10 tions held in the Fund shall be credited to, and form 

11 a part of, the Fund. 

12 (e) TRANSFERS OF AMOUNTS.— 

13 (1) IN GENERAL.—The amounts required to be 

14 transferred to the Fund under this section shall be 

15 transferred at least monthly from the general fund of 

16 the Treasury to the Fund on the basis of estimates 

17 made by the Secretary of the Treasury. 

18 (2) ADJUSTMENTS.—Proper adjustment shall be 

19 made in amounts subsequently transferred to the ex20 tent prior estimates were in excess of or less than the 

21 amounts required to be transferred. 

22 (f) TERMINATION.—On September 30, 2034— 

23 (1) the Fund shall terminate; and 
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1 (2) the unexpended and unobligated balance of 

2 the Fund shall be transferred to the appropriate fund 

3 of the Treasury. 

4 PART III—NAVAJO-GALLUP WATER SUPPLY 

5 PROJECT 

6 SEC. 10601. PURPOSES. 

7 The purposes of this part are— 

8 (1) to authorize the Secretary to construct, oper9 ate, and maintain the Navajo-Gallup Water Supply 

10 Project; 

11 (2) to allocate the capacity of the Project among 

12 the Nation, the City, and the Jicarilla Apache Na13 tion; and 

14 (3) to authorize the Secretary to enter into 

15 Project repayment contracts with the City and the 

16 Jicarilla Apache Nation. 

17 SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER 

18 SUPPLY PROJECT. 

19 (a) IN GENERAL.—The Secretary, acting through the 

20 Commissioner of Reclamation, is authorized to design, con21 struct, operate, and maintain the Project in substantial ac22 cordance with the preferred alternative in the Draft Impact 

23 Statement. 

24 (b) PROJECT FACILITIES.—To provide for the delivery 

25 of San Juan River water to Project Participants, the Sec-
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1 retary may construct, operate, and maintain the Project fa2 cilities described in the preferred alternative in the Draft 

3 Impact Statement, including: 

4 (1) A pumping plant on the San Juan River in 

5 the vicinity of Kirtland, New Mexico. 

6 (2)(A) A main pipeline from the San Juan 

7 River near Kirtland, New Mexico, to Shiprock, New 

8 Mexico, and Gallup, New Mexico, which follows 

9 United States Highway 491. 

10 (B) Any pumping plants associated with the 

11 pipeline authorized under subparagraph (A). 

12 (3)(A) A main pipeline from Cutter Reservoir to 

13 Ojo Encino, New Mexico, which follows United States 

14 Highway 550. 

15 (B) Any pumping plants associated with the 

16 pipeline authorized under subparagraph (A). 

17 (4)(A) Lateral pipelines from the main pipelines 

18 to Nation communities in the States of New Mexico 

19 and Arizona. 

20 (B) Any pumping plants associated with the 

21 pipelines authorized under subparagraph (A). 

22 (5) Any water regulation, storage or treatment 

23 facility, service connection to an existing public water 

24 supply system, power substation, power distribution 

25 works, or other appurtenant works (including a 
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1 building or access road) that is related to the Project 

2 facilities authorized by paragraphs (1) through (4), 

3 including power transmission facilities and associated 

4 wheeling services to connect Project facilities to exist5 ing high-voltage transmission facilities and deliver 

6 power to the Project. 

7 (c) ACQUISITION OF LAND.— 

8 (1) IN GENERAL.—The Secretary is authorized to 

9 acquire any land or interest in land that is necessary 

10 to construct, operate, and maintain the Project facili11 ties authorized under subsection (b). 

12 (2) LAND OF THE PROJECT PARTICIPANTS.—As a 

13 condition of construction of the facilities authorized 

14 under this part, the Project Participants shall provide 

15 all land or interest in land, as appropriate, that the 

16 Secretary identifies as necessary for acquisition under 

17 this subsection at no cost to the Secretary. 

18 (3) LIMITATION.—The Secretary may not con19 demn water rights for purposes of the Project. 

20 (d) CONDITIONS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the Secretary shall not commence construc23 tion of the facilities authorized under subsection (b) 

24 until such time as— 
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1 (A) the Secretary executes the Agreement 

2 and the Contract; 

3 (B) the contracts authorized under section 

4 10604 are executed; 

5 (C) the Secretary— 

6 (i) completes an environmental impact 

7 statement for the Project; and 

8 (ii) has issued a record of decision that 

9 provides for a preferred alternative; and 

10 (D) the Secretary has entered into an agree11 ment with the State of New Mexico under which 

12 the State of New Mexico will provide a share of 

13 the construction costs of the Project of not less 

14 than $50,000,000, except that the State of New 

15 Mexico shall receive credit for funds the State 

16 has contributed to construct water conveyance fa17 cilities to the Project Participants to the extent 

18 that the facilities reduce the cost of the Project as 

19 estimated in the Draft Impact Statement. 

20 (2) EXCEPTION.—If the Jicarilla Apache Nation 

21 elects not to enter into a contract pursuant to section 

22 10604, the Secretary, after consulting with the Na23 tion, the City, and the State of New Mexico acting 

24 through the Interstate Stream Commission, may make 

25 appropriate modifications to the scope of the Project 
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1 and proceed with Project construction if all other con2 ditions for construction have been satisfied. 

3 (3) EFFECT OF INDIAN SELF-DETERMINATION

4 AND EDUCATION ASSISTANCE ACT.—The Indian Self5 Determination and Education Assistance Act (25 

6 U.S.C. 450 et seq.) shall not apply to the design, con7 struction, operation, maintenance, or replacement of 

8 the Project. 

9 (e) POWER.—The Secretary shall reserve, from existing 

10 reservations of Colorado River Storage Project power for 

11 Bureau of Reclamation projects, up to 26 megawatts of 

12 power for use by the Project. 

13 (f) CONVEYANCE OF TITLE TO PROJECT FACILITIES.— 

14 (1) IN GENERAL.—The Secretary is authorized to 

15 enter into separate agreements with the City and the 

16 Nation and, on entering into the agreements, shall 

17 convey title to each Project facility or section of a 

18 Project facility authorized under subsection (b) (in19 cluding any appropriate interests in land) to the City 

20 and the Nation after— 

21 (A) completion of construction of a Project 

22 facility or a section of a Project facility that is 

23 operating and delivering water; and 
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1 (B) execution of a Project operations agree2 ment approved by the Secretary and the Project 

3 Participants that sets forth— 

4 (i) any terms and conditions that the 

5 Secretary determines are necessary— 

6 (I) to ensure the continuation of 

7 the intended benefits of the Project; and 

8 (II) to fulfill the purposes of this 

9 part; 

10 (ii) requirements acceptable to the Sec11 retary and the Project Participants for— 

12 (I) the distribution of water under 

13 the Project or section of a Project facil14 ity; and 

15 (II) the allocation and payment of 

16 annual operation, maintenance, and 

17 replacement costs of the Project or sec18 tion of a Project facility based on the 

19 proportionate uses of Project facilities; 

20 and 

21 (iii) conditions and requirements ac22 ceptable to the Secretary and the Project 

23 Participants for operating and maintaining 

24 each Project facility on completion of the 
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1 conveyance of title, including the require2 ment that the City and the Nation shall— 

3 (I) comply with— 

4 (aa) the Compact; and 

5 (bb) other applicable law; 

6 and 

7 (II) be responsible for— 

8 (aa) the operation, mainte9 nance, and replacement of each 

10 Project facility; and 

11 (bb) the accounting and 

12 management of water conveyance 

13 and Project finances, as necessary 

14 to administer and fulfill the con15 ditions of the Contract executed 

16 under section 10604(a)(2)(B). 

17 (2) EFFECT OF CONVEYANCE.—The conveyance 

18 of title to each Project facility shall not affect the ap19 plication of the Endangered Species Act of 1973 (16 

20 U.S.C. 1531 et seq.) relating to the use of the water 

21 associated with the Project. 

22 (3) LIABILITY.— 

23 (A) IN GENERAL.—Effective on the date of 

24 the conveyance authorized by this subsection, the 

25 United States shall not be held liable by any 
1021 

† HR 146 EAS 

1 court for damages of any kind arising out of any 

2 act, omission, or occurrence relating to the land, 

3 buildings, or facilities conveyed under this sub4 section, other than damages caused by acts of 

5 negligence committed by the United States, or by 

6 employees or agents of the United States, prior 

7 to the date of conveyance. 

8 (B) TORT CLAIMS.—Nothing in this section 

9 increases the liability of the United States be10 yond the liability provided in chapter 171 of 

11 title 28, United States Code (commonly known 

12 as the ‘‘Federal Tort Claims Act’’). 

13 (4) NOTICE OF PROPOSED CONVEYANCE.—Not 

14 later than 45 days before the date of a proposed con15 veyance of title to any Project facility, the Secretary 

16 shall submit to the Committee on Resources of the 

17 House of Representatives and to the Committee on 

18 Energy and Natural Resources of the Senate notice of 

19 the conveyance of each Project facility. 

20 (g) COLORADO RIVER STORAGE PROJECT POWER.— 

21 The conveyance of Project facilities under subsection (f) 

22 shall not affect the availability of Colorado River Storage 

23 Project power to the Project under subsection (e). 

24 (h) REGIONAL USE OF PROJECT FACILITIES.— 
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† HR 146 EAS 

1 (1) IN GENERAL.—Subject to paragraph (2), 

2 Project facilities constructed under subsection (b) may 

3 be used to treat and convey non-Project water or 

4 water that is not allocated by subsection 10603(b) 

5 if— 

6 (A) capacity is available without impairing 

7 any water delivery to a Project Participant; and 

8 (B) the unallocated or non-Project water 

9 beneficiary— 

10 (i) has the right to use the water; 

11 (ii) agrees to pay the operation, main12 tenance, and replacement costs assignable to 

13 the beneficiary for the use of the Project fa14 cilities; and 

15 (iii) agrees to pay an appropriate fee 

16 that may be established by the Secretary to 

17 assist in the recovery of any capital cost al18 locable to that use. 

19 (2) EFFECT OF PAYMENTS.—Any payments to 

20 the United States or the Nation for the use of unused 

21 capacity under this subsection or for water under any 

22 subcontract with the Nation or the Jicarilla Apache 

23 Nation shall not alter the construction repayment re24 quirements or the operation, maintenance, and re-
1023 

† HR 146 EAS 

1 placement payment requirements of the Project Par2 ticipants. 

3 SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER 

4 SUPPLY PROJECT WATER. 

5 (a) USE OF PROJECT WATER.— 

6 (1) IN GENERAL.—In accordance with this sub7 title and other applicable law, water supply from the 

8 Project shall be used for municipal, industrial, com9 mercial, domestic, and stock watering purposes. 

10 (2) USE ON CERTAIN LAND.— 

11 (A) IN GENERAL.—Subject to subparagraph 

12 (B), the Nation may use Project water alloca13 tions on— 

14 (i) land held by the United States in 

15 trust for the Nation and members of the Na16 tion; and 

17 (ii) land held in fee by the Nation. 

18 (B) TRANSFER.—The Nation may transfer 

19 the purposes and places of use of the allocated 

20 water in accordance with the Agreement and ap21 plicable law. 

22 (3) HYDROELECTRIC POWER.— 

23 (A) IN GENERAL.—Hydroelectric power 

24 may be generated as an incident to the delivery 
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† HR 146 EAS 

1 of Project water for authorized purposes under 

2 paragraph (1). 

3 (B) ADMINISTRATION.—Notwithstanding 

4 any other provision of law— 

5 (i) any hydroelectric power generated 

6 under this paragraph shall be used or mar7 keted by the Nation; 

8 (ii) the Nation shall retain any reve9 nues from the sale of the hydroelectric 

10 power; and 

11 (iii) the United States shall have no 

12 trust obligation or other obligation to mon13 itor, administer, or account for the revenues 

14 received by the Nation, or the expenditure of 

15 the revenues. 

16 (4) STORAGE.— 

17 (A) IN GENERAL.—Subject to subparagraph 

18 (B), any water contracted for delivery under 

19 paragraph (1) that is not needed for current 

20 water demands or uses may be delivered by the 

21 Project for placement in underground storage in 

22 the State of New Mexico for future recovery and 

23 use. 

24 (B) STATE APPROVAL.—Delivery of water 

25 under subparagraph (A) is subject to— 
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1 (i) approval by the State of New Mex2 ico under applicable provisions of State law 

3 relating to aquifer storage and recovery; 

4 and 

5 (ii) the provisions of the Agreement 

6 and this subtitle. 

7 (b) PROJECT WATER AND CAPACITY ALLOCATIONS.— 

8 (1) DIVERSION.—Subject to availability and 

9 consistent with Federal and State law, the Project 

10 may divert from the Navajo Reservoir and the San 

11 Juan River a quantity of water to be allocated and 

12 used consistent with the Agreement and this subtitle, 

13 that does not exceed in any 1 year, the lesser of— 

14 (A) 37,760 acre-feet of water; or 

15 (B) the quantity of water necessary to sup16 ply a depletion from the San Juan River of 

17 35,890 acre-feet. 

18 (2) PROJECT DELIVERY CAPACITY ALLOCA19 TIONS.— 

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

21 Project shall be allocated to the Project Partici22 pants in accordance with subparagraphs (B) 

23 through (E), other provisions of this subtitle, and 

24 other applicable law. 
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† HR 146 EAS 

1 (B) DELIVERY CAPACITY ALLOCATION TO

2 THE CITY.—The Project may deliver at the point 

3 of diversion from the San Juan River not more 

4 than 7,500 acre-feet of water in any 1 year for 

5 which the City has secured rights for the use of 

6 the City. 

7 (C) DELIVERY CAPACITY ALLOCATION TO

8 NAVAJO NATION COMMUNITIES IN NEW MEXICO.— 

9 For use by the Nation in the State of New Mex10 ico, the Project may deliver water out of the 

11 water rights held by the Secretary for the Nation 

12 and confirmed under this subtitle, at the points 

13 of diversion from the San Juan River or at Nav14 ajo Reservoir in any 1 year, the lesser of— 

15 (i) 22,650 acre-feet of water; or 

16 (ii) the quantity of water necessary to 

17 supply a depletion from the San Juan 

18 River of 20,780 acre-feet of water. 

19 (D) DELIVERY CAPACITY ALLOCATION TO

20 NAVAJO NATION COMMUNITIES IN ARIZONA.— 

21 Subject to subsection (c), the Project may deliver 

22 at the point of diversion from the San Juan 

23 River not more than 6,411 acre-feet of water in 

24 any 1 year for use by the Nation in the State 

25 of Arizona. 
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† HR 146 EAS 

1 (E) DELIVERY CAPACITY ALLOCATION TO

2 JICARILLA APACHE NATION.—The Project may 

3 deliver at Navajo Reservoir not more than 1,200 

4 acre-feet of water in any 1 year of the water 

5 rights of the Jicarilla Apache Nation, held by the 

6 Secretary and confirmed by the Jicarilla Apache 

7 Tribe Water Rights Settlement Act (Public Law 

8 102–441; 106 Stat. 2237), for use by the 

9 Jicarilla Apache Nation in the southern portion 

10 of the Jicarilla Apache Nation Reservation in 

11 the State of New Mexico. 

12 (3) USE IN EXCESS OF DELIVERY CAPACITY AL13 LOCATION QUANTITY.—Notwithstanding each delivery 

14 capacity allocation quantity limit described in sub15 paragraphs (B), (C), and (E) of paragraph (2), the 

16 Secretary may authorize a Project Participant to ex17 ceed the delivery capacity allocation quantity limit of 

18 that Project Participant if— 

19 (A) delivery capacity is available without 

20 impairing any water delivery to any other 

21 Project Participant; and 

22 (B) the Project Participant benefitting from 

23 the increased allocation of delivery capacity— 

24 (i) has the right under applicable law 

25 to use the additional water; 
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† HR 146 EAS 

1 (ii) agrees to pay the operation, main2 tenance, and replacement costs relating to 

3 the additional use of any Project facility; 

4 and 

5 (iii) agrees, if the Project title is held 

6 by the Secretary, to pay a fee established by 

7 the Secretary to assist in recovering capital 

8 costs relating to that additional use. 

9 (c) CONDITIONS FOR USE IN ARIZONA.— 

10 (1) REQUIREMENTS.—Project water shall not be 

11 delivered for use by any community of the Nation lo12 cated in the State of Arizona under subsection 

13 (b)(2)(D) until— 

14 (A) the Nation and the State of Arizona 

15 have entered into a water rights settlement agree16 ment approved by an Act of Congress that settles 

17 and waives the Nation’s claims to water in the 

18 Lower Basin and the Little Colorado River 

19 Basin in the State of Arizona, including those of 

20 the United States on the Nation’s behalf; and 

21 (B) the Secretary and the Navajo Nation 

22 have entered into a Navajo Reservoir water sup23 ply delivery contract for the physical delivery 

24 and diversion of water via the Project from the 
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† HR 146 EAS 

1 San Juan River system to supply uses in the 

2 State of Arizona. 

3 (2) ACCOUNTING OF USES IN ARIZONA.— 

4 (A) IN GENERAL.—Pursuant to paragraph 

5 (1) and notwithstanding any other provision of 

6 law, water may be diverted by the Project from 

7 the San Juan River in the State of New Mexico 

8 in accordance with an appropriate permit issued 

9 under New Mexico law for use in the State of Ar10 izona within the Navajo Reservation in the 

11 Lower Basin; provided that any depletion of 

12 water that results from the diversion of water by 

13 the Project from the San Juan River in the State 

14 of New Mexico for uses within the State of Ari15 zona (including depletion incidental to the diver16 sion, impounding, or conveyance of water in the 

17 State of New Mexico for uses in the State of Ari18 zona) shall be administered and accounted for as 

19 either— 

20 (i) a part of, and charged against, the 

21 available consumptive use apportionment 

22 made to the State of Arizona by Article 

23 III(a) of the Compact and to the Upper 

24 Basin by Article III(a) of the Colorado 

25 River Compact, in which case any water so 
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† HR 146 EAS 

1 diverted by the Project into the Lower 

2 Basin for use within the State of Arizona 

3 shall not be credited as water reaching Lee 

4 Ferry pursuant to Article III(c) and III(d) 

5 of the Colorado River Compact; or 

6 (ii) subject to subparagraph (B), a 

7 part of, and charged against, the consump8 tive use apportionment made to the Lower 

9 Basin by Article III(a) of the Colorado 

10 River Compact, in which case it shall— 

11 (I) be a part of the Colorado 

12 River water that is apportioned to the 

13 State of Arizona in Article II(B) of the 

14 Consolidated Decree of the Supreme 

15 Court of the United States in Arizona 

16 v. California (547 U.S. 150) (as may 

17 be amended or supplemented); 

18 (II) be credited as water reaching 

19 Lee Ferry pursuant to Article III(c) 

20 and III(d) of the Colorado River Com21 pact; and 

22 (III) be accounted as the water 

23 identified in section 104(a)(1)(B)(ii) of 

24 the Arizona Water Settlements Act, 

25 (118 Stat. 3478). 
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1 (B) LIMITATION.—Notwithstanding sub2 paragraph (A)(ii), no water diverted by the 

3 Project shall be accounted for pursuant to sub4 paragraph (A)(ii) until such time that— 

5 (i) the Secretary has developed and, as 

6 necessary and appropriate, modified, in 

7 consultation with the Upper Colorado River 

8 Commission and the Governors’ Representa9 tives on Colorado River Operations from 

10 each State signatory to the Colorado River 

11 Compact, all operational and decisional cri12 teria, policies, contracts, guidelines or other 

13 documents that control the operations of the 

14 Colorado River System reservoirs and diver15 sion works, so as to adjust, account for, and 

16 offset the diversion of water apportioned to 

17 the State of Arizona, pursuant to the Boul18 der Canyon Project Act (43 U.S.C. 617 et 

19 seq.), from a point of diversion on the San 

20 Juan River in New Mexico; provided that 

21 all such modifications shall be consistent 

22 with the provisions of this Section, and the 

23 modifications made pursuant to this clause 

24 shall be applicable only for the duration of 
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1 any such diversions pursuant to section 

2 10603(c)(2)(A)(ii); and 

3 (ii) Article II(B) of the Decree of the 

4 Supreme Court of the United States in Ari5 zona v. California (547 U.S. 150 as may be 

6 amended or supplemented) is administered 

7 so that diversions from the main stream for 

8 the Central Arizona Project, as served under 

9 existing contracts with the United States by 

10 diversion works heretofore constructed, shall 

11 be limited and reduced to offset any diver12 sions made pursuant to section 

13 10603(c)(2)(A)(ii) of this Act. This clause 

14 shall not affect, in any manner, the amount 

15 of water apportioned to Arizona pursuant 

16 to the Boulder Canyon Project Act (43 

17 U.S.C. 617 et seq.), or amend any provi18 sions of said decree or the Colorado River 

19 Basin Project Act (43 U.S.C. 1501 et. seq.). 

20 (3) UPPER BASIN PROTECTIONS.— 

21 (A) CONSULTATIONS.—Henceforth, in any 

22 consultation pursuant to 16 U.S.C. 1536(a) with 

23 respect to water development in the San Juan 

24 River Basin, the Secretary shall confer with the 

25 States of Colorado and New Mexico, consistent 
1033 

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1 with the provisions of section 5 of the ‘‘Prin2 ciples for Conducting Endangered Species Act 

3 Section 7 Consultations on Water Development 

4 and Water Management Activities Affecting En5 dangered Fish Species in the San Juan River 

6 Basin’’ as adopted by the Coordination Com7 mittee, San Juan River Basin Recovery Imple8 mentation Program, on June 19, 2001, and as 

9 may be amended or modified. 

10 (B) PRESERVATION OF EXISTING RIGHTS.— 

11 Rights to the consumptive use of water available 

12 to the Upper Basin from the Colorado River Sys13 tem under the Colorado River Compact and the 

14 Compact shall not be reduced or prejudiced by 

15 any use of water pursuant to subsection 

16 10603(c). Nothing in this Act shall be construed 

17 so as to impair, conflict with, or otherwise 

18 change the duties and powers of the Upper Colo19 rado River Commission. 

20 (d) FORBEARANCE.— 

21 (1) IN GENERAL.—Subject to paragraphs (2) and 

22 (3), during any year in which a shortage to the nor23 mal diversion requirement for any use relating to the 

24 Project within the State of Arizona occurs (as deter25 mined under section 11 of Public Law 87–483 (76 
1034 

† HR 146 EAS 

1 Stat. 99)), the Nation may temporarily forbear the 

2 delivery of the water supply of the Navajo Reservoir 

3 for uses in the State of New Mexico under the appor4 tionments of water to the Navajo Indian Irrigation 

5 Project and the normal diversion requirements of the 

6 Project to allow an equivalent quantity of water to be 

7 delivered from the Navajo Reservoir water supply for 

8 municipal and domestic uses of the Nation in the 

9 State of Arizona under the Project. 

10 (2) LIMITATION OF FORBEARANCE.—The Nation 

11 may forebear the delivery of water under paragraph 

12 (1) of a quantity not exceeding the quantity of the 

13 shortage to the normal diversion requirement for any 

14 use relating to the Project within the State of Ari15 zona. 

16 (3) EFFECT.—The forbearance of the delivery of 

17 water under paragraph (1) shall be subject to the re18 quirements in subsection (c). 

19 (e) EFFECT.—Nothing in this subtitle— 

20 (1) authorizes the marketing, leasing, or transfer 

21 of the water supplies made available to the Nation 

22 under the Contract to non-Navajo water users in 

23 States other than the State of New Mexico; or 

24 (2) authorizes the forbearance of water uses in 

25 the State of New Mexico to allow uses of water in 
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† HR 146 EAS 

1 other States other than as authorized under subsection 

2 (d). 

3 (f) COLORADO RIVER COMPACTS.—Notwithstanding 

4 any other provision of law— 

5 (1) water may be diverted by the Project from 

6 the San Juan River in the State of New Mexico for 

7 use within New Mexico in the lower basin, as that 

8 term is used in the Colorado River Compact; 

9 (2) any water diverted under paragraph (1) 

10 shall be a part of, and charged against, the consump11 tive use apportionment made to the State of New 

12 Mexico by Article III(a) of the Compact and to the 

13 upper basin by Article III(a) of the Colorado River 

14 Compact; and 

15 (3) any water so diverted by the Project into the 

16 lower basin within the State of New Mexico shall not 

17 be credited as water reaching Lee Ferry pursuant to 

18 Articles III(c) and III(d) of the Colorado River Com19 pact. 

20 (g) PAYMENT OF OPERATION, MAINTENANCE, AND RE21 PLACEMENT COSTS.— 

22 (1) IN GENERAL.—The Secretary is authorized to 

23 pay the operation, maintenance, and replacement 

24 costs of the Project allocable to the Project Partici25 pants under section 10604 until the date on which the 
1036 

† HR 146 EAS 

1 Secretary declares any section of the Project to be sub2 stantially complete and delivery of water generated 

3 by, and through, that section of the Project can be 

4 made to a Project participant. 

5 (2) PROJECT PARTICIPANT PAYMENTS.—Begin6 ning on the date described in paragraph (1), each 

7 Project Participant shall pay all allocated operation, 

8 maintenance, and replacement costs for that substan9 tially completed section of the Project, in accordance 

10 with contracts entered into pursuant to section 10604, 

11 except as provided in section 10604(f). 

12 (h) NO PRECEDENT.—Nothing in this Act shall be con13 strued as authorizing or establishing a precedent for any 

14 type of transfer of Colorado River System water between 

15 the Upper Basin and Lower Basin. Nor shall anything in 

16 this Act be construed as expanding the Secretary’s authority 

17 in the Upper Basin. 

18 (i) UNIQUE SITUATION.—Diversions by the Project 

19 consistent with this section address critical tribal and non20 Indian water supply needs under unique circumstances, 

21 which include, among other things— 

22 (1) the intent to benefit an American Indian 

23 tribe; 

24 (2) the Navajo Nation’s location in both the 

25 Upper and Lower Basin; 
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† HR 146 EAS 

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 available 

9 for developing a firm, sustainable supply of munic10 ipal water for the Navajo Nation at Window Rock in 

11 the State of Arizona; and 

12 (6) the limited volume of water to be diverted by 

13 the Project to supply municipal uses in the Window 

14 Rock area in the State of Arizona. 

15 (j) CONSENSUS.—Congress notes the consensus of the 

16 Governors’ Representatives on Colorado River Operations 

17 of the States that are signatory to the Colorado River Com18 pact regarding the diversions authorized for the Project 

19 under this section. 

20 (k) EFFICIENT USE.—The diversions and uses author21 ized for the Project under this Section represent unique and 

22 efficient uses of Colorado River apportionments in a man23 ner that Congress has determined would be consistent with 

24 the obligations of the United States to the Navajo Nation. 
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† HR 146 EAS 

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 extent 

10 that any provision of the Contract conflicts 

11 with this subtitle, Congress approves, rati12 fies, and confirms the Contract. 

13 (ii) AMENDMENTS.—To the extent any 

14 amendment is executed to make the Con15 tract consistent with this subtitle, that 

16 amendment is authorized, ratified, and con17 firmed. 

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 subtitle). 

24 (3) NONREIMBURSABILITY OF ALLOCATED

25 COSTS.—The following costs shall be nonreimbursable 
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† HR 146 EAS 

1 and not subject to repayment by the Nation or any 

2 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 of 

7 the Navajo Indian Irrigation Project that may 

8 otherwise be allocable to the Nation for use of 

9 any facility of the Navajo Indian Irrigation 

10 Project to convey water to each Navajo commu11 nity under the Project. 

12 (C) Any costs relating to the construction of 

13 Navajo Dam that may otherwise be allocable to 

14 the Nation for water deliveries under the Con15 tract. 

16 (4) OPERATION, MAINTENANCE, AND REPLACE17 MENT OBLIGATION.—Subject to subsection (f), the 

18 Contract shall include provisions under which the Na19 tion 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 a 

24 term of years, canceled, terminated, or rescinded only 

25 by an Act of Congress. 
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† HR 146 EAS 

1 (b) CITY OF GALLUP CONTRACT.— 

2 (1) CONTRACT AUTHORIZATION.—Consistent 

3 with this subtitle, the Secretary is authorized to enter 

4 into a repayment contract with the City that requires 

5 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 pay 

11 the operation, maintenance, and replacement 

12 costs of the Project that are allocable to the City. 

13 (2) CONTRACT PREPAYMENT.— 

14 (A) IN GENERAL.—The contract authorized 

15 under paragraph (1) may allow the City to sat16 isfy the repayment obligation of the City for con17 struction costs of the Project on the payment of 

18 the share of the City prior to the initiation of 

19 construction. 

20 (B) AMOUNT.—The amount of the share of 

21 the City described in subparagraph (A) shall be 

22 determined by agreement between the Secretary 

23 and the City. 

24 (C) REPAYMENT OBLIGATION.—Any repay25 ment obligation established by the Secretary and 
1041 

† HR 146 EAS 

1 the City pursuant to subparagraph (A) shall be 

2 subject to a final cost allocation by the Secretary 

3 on project completion and to the limitations set 

4 forth in paragraph (3). 

5 (3) SHARE OF CONSTRUCTION COSTS.— 

6 (A) IN GENERAL.—Subject to subparagraph 

7 (B), the Secretary shall determine the share of 

8 the construction costs of the Project allocable to 

9 the City and establish the percentage of the allo10 cated construction costs that the City shall be re11 quired to repay pursuant to the contract entered 

12 into under paragraph (1), based on the ability of 

13 the City to pay. 

14 (B) MINIMUM PERCENTAGE.—Notwith15 standing subparagraph (A), the repayment obli16 gation of the City shall be at least 25 percent of 

17 the construction costs of the Project that are allo18 cable to the City, but shall in no event exceed 35 

19 percent. 

20 (4) EXCESS CONSTRUCTION COSTS.—Any con21 struction costs of the Project allocable to the City in 

22 excess of the repayment obligation of the City, as de23 termined under paragraph (3), shall be nonreimburs24 able. 
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† HR 146 EAS 

1 (5) GRANT FUNDS.—A grant from any other 

2 Federal source shall not be credited toward the 

3 amount required to be repaid by the City under a re4 payment contract. 

5 (6) TITLE TRANSFER.—If title is transferred to 

6 the City prior to repayment under section 10602(f), 

7 the City shall be required to provide assurances satis8 factory to the Secretary of fulfillment of the remain9 ing repayment obligation of the City. 

10 (7) WATER DELIVERY SUBCONTRACT.—The Sec11 retary shall not enter into a contract under para12 graph (1) with the City until the City has secured a 

13 water supply for the City’s portion of the Project de14 scribed in section 10603(b)(2)(B), by entering into, as 

15 approved by the Secretary, a water delivery sub16 contract for a period of not less than 40 years begin17 ning on the date on which the construction of any fa18 cility of the Project serving the City is completed, 

19 with— 

20 (A) the Nation, as authorized by the Con21 tract; 

22 (B) the Jicarilla Apache Nation, as author23 ized by the settlement contract between the 

24 United States and the Jicarilla Apache Tribe, 

25 authorized by the Jicarilla Apache Tribe Water 
1043 

† HR 146 EAS 

1 Rights Settlement Act (Public Law 102–441; 106 

2 Stat. 2237); or 

3 (C) an acquired alternate source of water, 

4 subject to approval of the Secretary and the 

5 State of New Mexico, acting through the New 

6 Mexico Interstate Stream Commission and the 

7 New Mexico State Engineer. 

8 (c) JICARILLA APACHE NATION CONTRACT.— 

9 (1) CONTRACT AUTHORIZATION.—Consistent 

10 with this subtitle, the Secretary is authorized to enter 

11 into a repayment contract with the Jicarilla Apache 

12 Nation that requires the Jicarilla Apache Nation— 

13 (A) to repay, within a 50-year period, the 

14 share of any construction cost of the Jicarilla 

15 Apache Nation relating to the Project, with in16 terest as provided under section 10305; and 

17 (B) consistent with section 10603(g), to pay 

18 the operation, maintenance, and replacement 

19 costs of the Project that are allocable to the 

20 Jicarilla Apache Nation. 

21 (2) CONTRACT PREPAYMENT.— 

22 (A) IN GENERAL.—The contract authorized 

23 under paragraph (1) may allow the Jicarilla 

24 Apache Nation to satisfy the repayment obliga25 tion of the Jicarilla Apache Nation for construc-
1044 

† HR 146 EAS 

1 tion costs of the Project on the payment of the 

2 share of the Jicarilla Apache Nation prior to the 

3 initiation of construction. 

4 (B) AMOUNT.—The amount of the share of 

5 Jicarilla Apache Nation described in subpara6 graph (A) shall be determined by agreement be7 tween the Secretary and the Jicarilla Apache 

8 Nation. 

9 (C) REPAYMENT OBLIGATION.—Any repay10 ment obligation established by the Secretary and 

11 the Jicarilla Apache Nation pursuant to sub12 paragraph (A) shall be subject to a final cost al13 location by the Secretary on project completion 

14 and to the limitations set forth in paragraph (3). 

15 (3) SHARE OF CONSTRUCTION COSTS.— 

16 (A) IN GENERAL.—Subject to subparagraph 

17 (B), the Secretary shall determine the share of 

18 the construction costs of the Project allocable to 

19 the Jicarilla Apache Nation and establish the 

20 percentage of the allocated construction costs of 

21 the Jicarilla Apache Nation that the Jicarilla 

22 Apache Nation shall be required to repay based 

23 on the ability of the Jicarilla Apache Nation to 

24 pay. 
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† HR 146 EAS 

1 (B) MINIMUM PERCENTAGE.—Notwith2 standing subparagraph (A), the repayment obli3 gation of the Jicarilla Apache Nation shall be at 

4 least 25 percent of the construction costs of the 

5 Project that are allocable to the Jicarilla Apache 

6 Nation, but shall in no event exceed 35 percent. 

7 (4) EXCESS CONSTRUCTION COSTS.—Any con8 struction costs of the Project allocable to the Jicarilla 

9 Apache Nation in excess of the repayment obligation 

10 of the Jicarilla Apache Nation as determined under 

11 paragraph (3), shall be nonreimbursable. 

12 (5) GRANT FUNDS.—A grant from any other 

13 Federal source shall not be credited toward the share 

14 of the Jicarilla Apache Nation of construction costs. 

15 (6) NAVAJO INDIAN IRRIGATION PROJECT

16 COSTS.—The Jicarilla Apache Nation shall have no 

17 obligation to repay any Navajo Indian Irrigation 

18 Project construction costs that might otherwise be al19 locable to the Jicarilla Apache Nation for use of the 

20 Navajo Indian Irrigation Project facilities to convey 

21 water to the Jicarilla Apache Nation, and any such 

22 costs shall be nonreimbursable. 

23 (d) CAPITAL COST ALLOCATIONS.— 

24 (1) IN GENERAL.—For purposes of estimating 

25 the capital repayment requirements of the Project 
1046 

† HR 146 EAS 

1 Participants under this section, the Secretary shall 

2 review and, as appropriate, update the Draft Impact 

3 Statement allocating capital construction costs for the 

4 Project. 

5 (2) FINAL COST ALLOCATION.—The repayment 

6 contracts entered into with Project Participants 

7 under this section shall require that the Secretary 

8 perform a final cost allocation when construction of 

9 the Project is determined to be substantially complete. 

10 (3) REPAYMENT OBLIGATION.—The Secretary 

11 shall determine the repayment obligation of the 

12 Project Participants based on the final cost allocation 

13 identifying reimbursable and nonreimbursable capital 

14 costs of the Project consistent with this subtitle. 

15 (e) OPERATION, MAINTENANCE, AND REPLACEMENT

16 COST ALLOCATIONS.—For purposes of determining the op17 eration, maintenance, and replacement obligations of the 

18 Project Participants under this section, the Secretary shall 

19 review and, as appropriate, update the Draft Impact State20 ment that allocates operation, maintenance, and replace21 ment costs for the Project. 

22 (f) TEMPORARY WAIVERS OF PAYMENTS.— 

23 (1) IN GENERAL.—On the date on which the Sec24 retary declares a section of the Project to be substan25 tially complete and delivery of water generated by 
1047 

† HR 146 EAS 

1 and through that section of the Project can be made 

2 to the Nation, the Secretary may waive, for a period 

3 of not more than 10 years, the operation, mainte4 nance, and replacement costs allocable to the Nation 

5 for that section of the Project that the Secretary deter6 mines are in excess of the ability of the Nation to 

7 pay. 

8 (2) SUBSEQUENT PAYMENT BY NATION.—After a 

9 waiver under paragraph (1), the Nation shall pay all 

10 allocated operation, maintenance, and replacement 

11 costs of that section of the Project. 

12 (3) PAYMENT BY UNITED STATES.—Any oper13 ation, maintenance, or replacement costs waived by 

14 the Secretary under paragraph (1) shall be paid by 

15 the United States and shall be nonreimbursable. 

16 (4) EFFECT ON CONTRACTS.—Failure of the Sec17 retary to waive costs under paragraph (1) because of 

18 a lack of availability of Federal funding to pay the 

19 costs under paragraph (3) shall not alter the obliga20 tions of the Nation or the United States under a re21 payment contract. 

22 (5) TERMINATION OF AUTHORITY.—The author23 ity of the Secretary to waive costs under paragraph 

24 (1) with respect to a Project facility transferred to the 
1048 

† HR 146 EAS 

1 Nation under section 10602(f) shall terminate on the 

2 date on which the Project facility is transferred. 

3 (g) PROJECT CONSTRUCTION COMMITTEE.—The Sec4 retary shall facilitate the formation of a project construc5 tion committee with the Project Participants and the State 

6 of New Mexico— 

7 (1) to review cost factors and budgets for con8 struction and operation and maintenance activities; 

9 (2) to improve construction management through 

10 enhanced communication; and 

11 (3) to seek additional ways to reduce overall 

12 Project costs. 

13 SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE. 

14 (a) USE OF NAVAJO NATION PIPELINE.—In addition 

15 to use of the Navajo Nation Municipal Pipeline to convey 

16 the Animas-La Plata Project water of the Nation, the Na17 tion may use the Navajo Nation Municipal Pipeline to con18 vey non-Animas La Plata Project water for municipal and 

19 industrial purposes. 

20 (b) CONVEYANCE OF TITLE TO PIPELINE.— 

21 (1) IN GENERAL.—On completion of the Navajo 

22 Nation Municipal Pipeline, the Secretary may enter 

23 into separate agreements with the City of Farm24 ington, New Mexico and the Nation to convey title to 

25 each portion of the Navajo Nation Municipal Pipeline 
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† HR 146 EAS 

1 facility or section of the Pipeline to the City of Farm2 ington and the Nation after execution of a Project op3 erations agreement approved by the Secretary, the 

4 Nation, and the City of Farmington that sets forth 

5 any terms and conditions that the Secretary deter6 mines are necessary. 

7 (2) CONVEYANCE TO THE CITY OF FARMINGTON

8 OR NAVAJO NATION.—In conveying title to the Navajo 

9 Nation Municipal Pipeline under this subsection, the 

10 Secretary shall convey— 

11 (A) to the City of Farmington, the facilities 

12 and any land or interest in land acquired by the 

13 United States for the construction, operation, 

14 and maintenance of the Pipeline that are located 

15 within the corporate boundaries of the City; and 

16 (B) to the Nation, the facilities and any 

17 land or interests in land acquired by the United 

18 States for the construction, operation, and main19 tenance of the Pipeline that are located outside 

20 the corporate boundaries of the City of Farm21 ington. 

22 (3) EFFECT OF CONVEYANCE.—The conveyance 

23 of title to the Pipeline shall not affect the application 

24 of the Endangered Species Act of 1973 (16 U.S.C. 
1050 

† HR 146 EAS 

1 1531 et seq.) relating to the use of water associated 

2 with the Animas-La Plata Project. 

3 (4) LIABILITY.— 

4 (A) IN GENERAL.—Effective on the date of 

5 the conveyance authorized by this subsection, the 

6 United States shall not be held liable by any 

7 court for damages of any kind arising out of any 

8 act, omission, or occurrence relating to the land, 

9 buildings, or facilities conveyed under this sub10 section, other than damages caused by acts of 

11 negligence committed by the United States or by 

12 employees or agents of the United States prior to 

13 the date of conveyance. 

14 (B) TORT CLAIMS.—Nothing in this sub15 section increases the liability of the United 

16 States beyond the liability provided under chap17 ter 171 of title 28, United States Code (com18 monly known as the ‘‘Federal Tort Claims Act’’). 

19 (5) NOTICE OF PROPOSED CONVEYANCE.—Not 

20 later than 45 days before the date of a proposed con21 veyance of title to the Pipeline, the Secretary shall 

22 submit to the Committee on Natural Resources of the 

23 House of Representatives and the Committee on En24 ergy and Natural Resources of the Senate, notice of 

25 the conveyance of the Pipeline. 
1051 

† HR 146 EAS 

1 SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS. 

2 (a) CONJUNCTIVE GROUNDWATER DEVELOPMENT

3 PLAN.—Not later than 1 year after the date of enactment 

4 of this Act, the Nation, in consultation with the Secretary, 

5 shall complete a conjunctive groundwater development plan 

6 for the wells described in subsections (b) and (c). 

7 (b) WELLS IN THE SAN JUAN RIVER BASIN.—In ac8 cordance with the conjunctive groundwater development 

9 plan, the Secretary may construct or rehabilitate wells and 

10 related pipeline facilities to provide capacity for the diver11 sion and distribution of not more than 1,670 acre-feet of 

12 groundwater in the San Juan River Basin in the State of 

13 New Mexico for municipal and domestic uses. 

14 (c) WELLS IN THE LITTLE COLORADO AND RIO

15 GRANDE BASINS.— 

16 (1) IN GENERAL.—In accordance with the 

17 Project and conjunctive groundwater development 

18 plan for the Nation, the Secretary may construct or 

19 rehabilitate wells and related pipeline facilities to 

20 provide capacity for the diversion and distribution 

21 of— 

22 (A) not more than 680 acre-feet of ground23 water in the Little Colorado River Basin in the 

24 State of New Mexico; 
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† HR 146 EAS 

1 (B) not more than 80 acre-feet of ground2 water in the Rio Grande Basin in the State of 

3 New Mexico; and 

4 (C) not more than 770 acre-feet of ground5 water in the Little Colorado River Basin in the 

6 State of Arizona. 

7 (2) USE.—Groundwater diverted and distributed 

8 under paragraph (1) shall be used for municipal and 

9 domestic uses. 

10 (d) ACQUISITION OF LAND.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the Secretary may acquire any land or in13 terest in land that is necessary for the construction, 

14 operation, and maintenance of the wells and related 

15 pipeline facilities authorized under subsections (b) 

16 and (c). 

17 (2) LIMITATION.—Nothing in this subsection au18 thorizes the Secretary to condemn water rights for the 

19 purposes described in paragraph (1). 

20 (e) CONDITION.—The Secretary shall not commence 

21 any construction activity relating to the wells described in 

22 subsections (b) and (c) until the Secretary executes the 

23 Agreement. 

24 (f) CONVEYANCE OF WELLS.— 
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† HR 146 EAS 

1 (1) IN GENERAL.—On the determination of the 

2 Secretary that the wells and related facilities are sub3 stantially complete and delivery of water generated by 

4 the wells can be made to the Nation, an agreement 

5 with the Nation shall be entered into, to convey to the 

6 Nation title to— 

7 (A) any well or related pipeline facility 

8 constructed or rehabilitated under subsections (a) 

9 and (b) after the wells and related facilities have 

10 been completed; and 

11 (B) any land or interest in land acquired 

12 by the United States for the construction, oper13 ation, and maintenance of the well or related 

14 pipeline facility. 

15 (2) OPERATION, MAINTENANCE, AND REPLACE16 MENT.— 

17 (A) IN GENERAL.—The Secretary is author18 ized to pay operation and maintenance costs for 

19 the wells and related pipeline facilities author20 ized under this subsection until title to the facili21 ties is conveyed to the Nation. 

22 (B) SUBSEQUENT ASSUMPTION BY NA23 TION.—On completion of a conveyance of title 

24 under paragraph (1), the Nation shall assume all 
1054 

† HR 146 EAS 

1 responsibility for the operation and maintenance 

2 of the well or related pipeline facility conveyed. 

3 (3) EFFECT OF CONVEYANCE.—The conveyance 

4 of title to the Nation of the conjunctive use wells 

5 under paragraph (1) shall not affect the application 

6 of the Endangered Species Act of 1973 (16 U.S.C. 

7 1531 et seq.). 

8 (g) USE OF PROJECT FACILITIES.—The capacities of 

9 the treatment facilities, main pipelines, and lateral pipe10 lines of the Project authorized by section 10602(b) may be 

11 used to treat and convey groundwater to Nation commu12 nities if the Nation provides for payment of the operation, 

13 maintenance, and replacement costs associated with the use 

14 of the facilities or pipelines. 

15 (h) LIMITATIONS.—The diversion and use of ground16 water by wells constructed or rehabilitated under this sec17 tion shall be made in a manner consistent with applicable 

18 Federal and State law. 

19 SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION 

20 PROJECTS. 

21 (a) REHABILITATION.—Subject to subsection (b), the 

22 Secretary shall rehabilitate— 

23 (1) the Fruitland-Cambridge Irrigation Project 

24 to serve not more than 3,335 acres of land, which 
1055 

† HR 146 EAS 

1 shall be considered to be the total serviceable area of 

2 the project; and 

3 (2) the Hogback-Cudei Irrigation Project to serve 

4 not more than 8,830 acres of land, which shall be con5 sidered to be the total serviceable area of the project. 

6 (b) CONDITION.—The Secretary shall not commence 

7 any construction activity relating to the rehabilitation of 

8 the Fruitland-Cambridge Irrigation Project or the Hogback9 Cudei Irrigation Project under subsection (a) until the Sec10 retary executes the Agreement. 

11 (c) OPERATION, MAINTENANCE, AND REPLACEMENT

12 OBLIGATION.—The Nation shall continue to be responsible 

13 for the operation, maintenance, and replacement of each fa14 cility rehabilitated under this section. 

15 SEC. 10608. OTHER IRRIGATION PROJECTS. 

16 (a) IN GENERAL.—Not later than 2 years after the 

17 date of enactment of this Act, the Secretary, in consultation 

18 with the State of New Mexico (acting through the Interstate 

19 Stream Commission) and the Non-Navajo Irrigation Dis20 tricts that elect to participate, shall— 

21 (1) conduct a study of Non-Navajo Irrigation 

22 District diversion and ditch facilities; and 

23 (2) based on the study, identify and prioritize a 

24 list of projects, with associated cost estimates, that are 

25 recommended to be implemented to repair, rehabili-
1056 

† HR 146 EAS 

1 tate, or reconstruct irrigation diversion and ditch fa2 cilities to improve water use efficiency. 

3 (b) GRANTS.—The Secretary may provide grants to, 

4 and enter into cooperative agreements with, the Non-Navajo 

5 Irrigation Districts to plan, design, or otherwise implement 

6 the projects identified under subsection (a)(2). 

7 (c) COST-SHARING.— 

8 (1) FEDERAL SHARE.—The Federal share of the 

9 total cost of carrying out a project under subsection 

10 (b) shall be not more than 50 percent, and shall be 

11 nonreimbursable. 

12 (2) FORM.—The non-Federal share required 

13 under paragraph (1) may be in the form of in-kind 

14 contributions, including the contribution of any valu15 able asset or service that the Secretary determines 

16 would substantially contribute to a project carried out 

17 under subsection (b). 

18 (3) STATE CONTRIBUTION.—The Secretary may 

19 accept from the State of New Mexico a partial or total 

20 contribution toward the non-Federal share for a 

21 project carried out under subsection (b). 

22 SEC. 10609. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) AUTHORIZATION OF APPROPRIATIONS FOR NAV24 AJO-GALLUP WATER SUPPLY PROJECT.— 
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1 (1) IN GENERAL.—There is authorized to be ap2 propriated to the Secretary to plan, design, and con3 struct the Project $870,000,000 for the period of fiscal 

4 years 2009 through 2024, to remain available until 

5 expended. 

6 (2) ADJUSTMENTS.—The amount under para7 graph (1) shall be adjusted by such amounts as may 

8 be required by reason of changes since 2007 in con9 struction costs, as indicated by engineering cost indi10 ces applicable to the types of construction involved. 

11 (3) USE.—In addition to the uses authorized 

12 under paragraph (1), amounts made available under 

13 that paragraph may be used for the conduct of related 

14 activities to comply with Federal environmental laws. 

15 (4) OPERATION AND MAINTENANCE.— 

16 (A) IN GENERAL.—There are authorized to 

17 be appropriated such sums as are necessary to 

18 operate and maintain the Project consistent with 

19 this subtitle. 

20 (B) EXPIRATION.—The authorization under 

21 subparagraph (A) shall expire 10 years after the 

22 year the Secretary declares the Project to be sub23 stantially complete. 

24 (b) APPROPRIATIONS FOR CONJUNCTIVE USE

25 WELLS.— 
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1 (1) SAN JUAN WELLS.—There is authorized to be 

2 appropriated to the Secretary for the construction or 

3 rehabilitation and operation and maintenance of con4 junctive use wells under section 10606(b) $30,000,000, 

5 as adjusted under paragraph (3), for the period of fis6 cal years 2009 through 2019. 

7 (2) WELLS IN THE LITTLE COLORADO AND RIO

8 GRANDE BASINS.—There are authorized to be appro9 priated to the Secretary for the construction or reha10 bilitation and operation and maintenance of conjunc11 tive use wells under section 10606(c) such sums as are 

12 necessary for the period of fiscal years 2009 through 

13 2024. 

14 (3) ADJUSTMENTS.—The amount under para15 graph (1) shall be adjusted by such amounts as may 

16 be required by reason of changes since 2008 in con17 struction costs, as indicated by engineering cost indi18 ces applicable to the types of construction or rehabili19 tation involved. 

20 (4) NONREIMBURSABLE EXPENDITURES.— 

21 Amounts made available under paragraphs (1) and 

22 (2) shall be nonreimbursable to the United States. 

23 (5) USE.—In addition to the uses authorized 

24 under paragraphs (1) and (2), amounts made avail25 able under that paragraph may be used for the con-
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1 duct of related activities to comply with Federal envi2 ronmental laws. 

3 (6) LIMITATION.—Appropriations authorized 

4 under paragraph (1) shall not be used for operation 

5 or maintenance of any conjunctive use wells at a time 

6 in excess of 3 years after the well is declared substan7 tially complete. 

8 (c) SAN JUAN RIVER IRRIGATION PROJECTS.— 

9 (1) IN GENERAL.—There are authorized to be ap10 propriated to the Secretary— 

11 (A) to carry out section 10607(a)(1), not 

12 more than $7,700,000, as adjusted under para13 graph (2), for the period of fiscal years 2009 

14 through 2016, to remain available until ex15 pended; and 

16 (B) to carry out section 10607(a)(2), not 

17 more than $15,400,000, as adjusted under para18 graph (2), for the period of fiscal years 2009 

19 through 2019, to remain available until ex20 pended. 

21 (2) ADJUSTMENT.—The amounts made available 

22 under paragraph (1) shall be adjusted by such 

23 amounts as may be required by reason of changes 

24 since January 1, 2004, in construction costs, as indi-
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1 cated by engineering cost indices applicable to the 

2 types of construction involved in the rehabilitation. 

3 (3) NONREIMBURSABLE EXPENDITURES.— 

4 Amounts made available under this subsection shall 

5 be nonreimbursable to the United States. 

6 (d) OTHER IRRIGATION PROJECTS.—There are author7 ized to be appropriated to the Secretary to carry out section 

8 10608 $11,000,000 for the period of fiscal years 2009 

9 through 2019. 

10 (e) CULTURAL RESOURCES.— 

11 (1) IN GENERAL.—The Secretary may use not 

12 more than 2 percent of amounts made available under 

13 subsections (a), (b), and (c) for the survey, recovery, 

14 protection, preservation, and display of archaeological 

15 resources in the area of a Project facility or conjunc16 tive use well. 

17 (2) NONREIMBURSABLE EXPENDITURES.—Any 

18 amounts made available under paragraph (1) shall be 

19 nonreimbursable. 

20 (f) FISH AND WILDLIFE FACILITIES.— 

21 (1) IN GENERAL.—In association with the devel22 opment of the Project, the Secretary may use not 

23 more than 4 percent of amounts made available under 

24 subsections (a), (b), and (c) to purchase land and con25 struct and maintain facilities to mitigate the loss of, 
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1 and improve conditions for the propagation of, fish 

2 and wildlife if any such purchase, construction, or 

3 maintenance will not affect the operation of any 

4 water project or use of water. 

5 (2) NONREIMBURSABLE EXPENDITURES.—Any 

6 amounts expended under paragraph (1) shall be non7 reimbursable. 

8 PART IV—NAVAJO NATION WATER RIGHTS 

9 SEC. 10701. AGREEMENT. 

10 (a) AGREEMENT APPROVAL.— 

11 (1) APPROVAL BY CONGRESS.—Except to the ex12 tent that any provision of the Agreement conflicts 

13 with this subtitle, Congress approves, ratifies, and 

14 confirms the Agreement (including any amendments 

15 to the Agreement that are executed to make the Agree16 ment consistent with this subtitle). 

17 (2) EXECUTION BY SECRETARY.—The Secretary 

18 shall enter into the Agreement to the extent that the 

19 Agreement does not conflict with this subtitle, includ20 ing— 

21 (A) any exhibits to the Agreement requiring 

22 the signature of the Secretary; and 

23 (B) any amendments to the Agreement nec24 essary to make the Agreement consistent with 

25 this subtitle. 
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1 (3) AUTHORITY OF SECRETARY.—The Secretary 

2 may carry out any action that the Secretary deter3 mines is necessary or appropriate to implement the 

4 Agreement, the Contract, and this section. 

5 (4) ADMINISTRATION OF NAVAJO RESERVOIR RE6 LEASES.—The State of New Mexico may administer 

7 water that has been released from storage in Navajo 

8 Reservoir in accordance with subparagraph 9.1 of the 

9 Agreement. 

10 (b) WATER AVAILABLE UNDER CONTRACT.— 

11 (1) QUANTITIES OF WATER AVAILABLE.— 

12 (A) IN GENERAL.—Water shall be made 

13 available annually under the Contract for 

14 projects in the State of New Mexico supplied 

15 from the Navajo Reservoir and the San Juan 

16 River (including tributaries of the River) under 

17 New Mexico State Engineer File Numbers 2849, 

18 2883, and 3215 in the quantities described in 

19 subparagraph (B). 

20 (B) WATER QUANTITIES.—The quantities of 

21 water referred to in subparagraph (A) are as fol22 lows: 
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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 

1 (C) MAXIMUM QUANTITY.—A diversion of 

2 water to the Nation under the Contract for a 

3 project described in subparagraph (B) shall not 

4 exceed the quantity of water necessary to supply 

5 the amount of depletion for the project. 

6 (D) TERMS, CONDITIONS, AND LIMITA7 TIONS.—The diversion and use of water under 

8 the Contract shall be subject to and consistent 

9 with the terms, conditions, and limitations of the 

10 Agreement, this subtitle, and any other applica11 ble law. 

12 (2) AMENDMENTS TO CONTRACT.—The Secretary, 

13 with the consent of the Nation, may amend the Con14 tract if the Secretary determines that the amendment 

15 is— 

16 (A) consistent with the Agreement; and 

17 (B) in the interest of conserving water or 

18 facilitating beneficial use by the Nation or a sub19 contractor of the Nation. 
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1 (3) RIGHTS OF THE NATION.—The Nation may, 

2 under the Contract— 

3 (A) use tail water, wastewater, and return 

4 flows attributable to a use of the water by the 

5 Nation or a subcontractor of the Nation if— 

6 (i) the depletion of water does not ex7 ceed the quantities described in paragraph 

8 (1); and 

9 (ii) the use of tail water, wastewater, 

10 or return flows is consistent with the terms, 

11 conditions, and limitations of the Agree12 ment, and any other applicable law; and 

13 (B) change a point of diversion, change a 

14 purpose or place of use, and transfer a right for 

15 depletion under this subtitle (except for a point 

16 of diversion, purpose or place of use, or right for 

17 depletion for use in the State of Arizona under 

18 section 10603(b)(2)(D)), to another use, purpose, 

19 place, or depletion in the State of New Mexico to 

20 meet a water resource or economic need of the 

21 Nation if— 

22 (i) the change or transfer is subject to 

23 and consistent with the terms of the Agree24 ment, the Partial Final Decree described in 
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1 paragraph 3.0 of the Agreement, the Con2 tract, and any other applicable law; and 

3 (ii) a change or transfer of water use 

4 by the Nation does not alter any obligation 

5 of the United States, the Nation, or another 

6 party to pay or repay project construction, 

7 operation, maintenance, or replacement 

8 costs under this subtitle and the Contract. 

9 (c) SUBCONTRACTS.— 

10 (1) IN GENERAL.— 

11 (A) SUBCONTRACTS BETWEEN NATION AND

12 THIRD PARTIES.—The Nation may enter into 

13 subcontracts for the delivery of Project water 

14 under the Contract to third parties for any bene15 ficial use in the State of New Mexico (on or off 

16 land held by the United States in trust for the 

17 Nation or a member of the Nation or land held 

18 in fee by the Nation). 

19 (B) APPROVAL REQUIRED.—A subcontract 

20 entered into under subparagraph (A) shall not be 

21 effective until approved by the Secretary in ac22 cordance with this subsection and the Contract. 

23 (C) SUBMITTAL.—The Nation shall submit 

24 to the Secretary for approval or disapproval any 

25 subcontract entered into under this subsection. 
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1 (D) DEADLINE.—The Secretary shall ap2 prove or disapprove a subcontract submitted to 

3 the Secretary under subparagraph (C) not later 

4 than the later of— 

5 (i) the date that is 180 days after the 

6 date on which the subcontract is submitted 

7 to the Secretary; and 

8 (ii) the date that is 60 days after the 

9 date on which a subcontractor complies 

10 with— 

11 (I) section 102(2)(C) of the Na12 tional Environmental Policy Act of 

13 1969 (42 U.S.C. 4332(2)(C)); and 

14 (II) any other requirement of Fed15 eral law. 

16 (E) ENFORCEMENT.—A party to a sub17 contract may enforce the deadline described in 

18 subparagraph (D) under section 1361 of title 28, 

19 United States Code. 

20 (F) COMPLIANCE WITH OTHER LAW.—A 

21 subcontract described in subparagraph (A) shall 

22 comply with the Agreement, the Partial Final 

23 Decree described in paragraph 3.0 of the Agree24 ment, and any other applicable law. 
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1 (G) NO LIABILITY.—The Secretary shall not 

2 be liable to any party, including the Nation, for 

3 any term of, or any loss or other detriment re4 sulting from, a lease, contract, or other agree5 ment entered into pursuant to this subsection. 

6 (2) ALIENATION.— 

7 (A) PERMANENT ALIENATION.—The Nation 

8 shall not permanently alienate any right granted 

9 to the Nation under the Contract. 

10 (B) MAXIMUM TERM.—The term of any 

11 water use subcontract (including a renewal) 

12 under this subsection shall be not more than 99 

13 years. 

14 (3) NONINTERCOURSE ACT COMPLIANCE.—This 

15 subsection— 

16 (A) provides congressional authorization for 

17 the subcontracting rights of the Nation; and 

18 (B) is deemed to fulfill any requirement 

19 that may be imposed by section 2116 of the Re20 vised Statutes (25 U.S.C. 177). 

21 (4) FORFEITURE.—The nonuse of the water sup22 ply secured by a subcontractor of the Nation under 

23 this subsection shall not result in forfeiture, abandon24 ment, relinquishment, or other loss of any part of a 
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1 right decreed to the Nation under the Contract or this 

2 section. 

3 (5) NO PER CAPITA PAYMENTS.—No part of the 

4 revenue from a water use subcontract under this sub5 section shall be distributed to any member of the Na6 tion on a per capita basis. 

7 (d) WATER LEASES NOT REQUIRING SUB8 CONTRACTS.— 

9 (1) AUTHORITY OF NATION.— 

10 (A) IN GENERAL.—The Nation may lease, 

11 contract, or otherwise transfer to another party 

12 or to another purpose or place of use in the State 

13 of New Mexico (on or off land that is held by the 

14 United States in trust for the Nation or a mem15 ber of the Nation or held in fee by the Nation) 

16 a water right that— 

17 (i) is decreed to the Nation under the 

18 Agreement; and 

19 (ii) is not subject to the Contract. 

20 (B) COMPLIANCE WITH OTHER LAW.—In 

21 carrying out an action under this subsection, the 

22 Nation shall comply with the Agreement, the 

23 Partial Final Decree described in paragraph 3.0 

24 of the Agreement, the Supplemental Partial 
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1 Final Decree described in paragraph 4.0 of the 

2 Agreement, and any other applicable law. 

3 (2) ALIENATION; MAXIMUM TERM.— 

4 (A) ALIENATION.—The Nation shall not 

5 permanently alienate any right granted to the 

6 Nation under the Agreement. 

7 (B) MAXIMUM TERM.—The term of any 

8 water use lease, contract, or other arrangement 

9 (including a renewal) under this subsection shall 

10 be not more than 99 years. 

11 (3) NO LIABILITY.—The Secretary shall not be 

12 liable to any party, including the Nation, for any 

13 term of, or any loss or other detriment resulting from, 

14 a lease, contract, or other agreement entered into pur15 suant to this subsection. 

16 (4) NONINTERCOURSE ACT COMPLIANCE.—This 

17 subsection— 

18 (A) provides congressional authorization for 

19 the lease, contracting, and transfer of any water 

20 right described in paragraph (1)(A); and 

21 (B) is deemed to fulfill any requirement 

22 that may be imposed by the provisions of section 

23 2116 of the Revised Statutes (25 U.S.C. 177). 

24 (5) FORFEITURE.—The nonuse of a water right 

25 of the Nation by a lessee or contractor to the Nation 
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1 under this subsection shall not result in forfeiture, 

2 abandonment, relinquishment, or other loss of any 

3 part of a right decreed to the Nation under the Con4 tract or this section. 

5 (e) NULLIFICATION.— 

6 (1) DEADLINES.— 

7 (A) IN GENERAL.—In carrying out this sec8 tion, the following deadlines apply with respect 

9 to implementation of the Agreement: 

10 (i) AGREEMENT.—Not later than De11 cember 31, 2010, the Secretary shall execute 

12 the Agreement. 

13 (ii) CONTRACT.—Not later than De14 cember 31, 2010, the Secretary and the Na15 tion shall execute the Contract. 

16 (iii) PARTIAL FINAL DECREE.—Not 

17 later than December 31, 2013, the court in 

18 the stream adjudication shall have entered 

19 the Partial Final Decree described in para20 graph 3.0 of the Agreement. 

21 (iv) FRUITLAND-CAMBRIDGE IRRIGA22 TION PROJECT.—Not later than December 

23 31, 2016, the rehabilitation construction of 

24 the Fruitland-Cambridge Irrigation Project 
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1 authorized under section 10607(a)(1) shall 

2 be completed. 

3 (v) SUPPLEMENTAL PARTIAL FINAL DE4 CREE.—Not later than December 31, 2016, 

5 the court in the stream adjudication shall 

6 enter the Supplemental Partial Final De7 cree described in subparagraph 4.0 of the 

8 Agreement. 

9 (vi) HOGBACK-CUDEI IRRIGATION

10 PROJECT.—Not later than December 31, 

11 2019, the rehabilitation construction of the 

12 Hogback-Cudei Irrigation Project author13 ized under section 10607(a)(2) shall be com14 pleted. 

15 (vii) TRUST FUND.—Not later than 

16 December 31, 2019, the United States shall 

17 make all deposits into the Trust Fund 

18 under section 10702. 

19 (viii) CONJUNCTIVE WELLS.—Not later 

20 than December 31, 2019, the funds author21 ized to be appropriated under section 

22 10609(b)(1) for the conjunctive use wells au23 thorized under section 10606(b) should be 

24 appropriated. 
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1 (ix) NAVAJO-GALLUP WATER SUPPLY

2 PROJECT.—Not later than December 31, 

3 2024, the construction of all Project facili4 ties shall be completed. 

5 (B) EXTENSION.—A deadline described in 

6 subparagraph (A) may be extended if the Nation, 

7 the United States (acting through the Secretary), 

8 and the State of New Mexico (acting through the 

9 New Mexico Interstate Stream Commission) 

10 agree that an extension is reasonably necessary. 

11 (2) REVOCABILITY OF AGREEMENT, CONTRACT

12 AND AUTHORIZATIONS.— 

13 (A) PETITION.—If the Nation determines 

14 that a deadline described in paragraph (1)(A) is 

15 not substantially met, the Nation may submit to 

16 the court in the stream adjudication a petition 

17 to enter an order terminating the Agreement and 

18 Contract. 

19 (B) TERMINATION.—On issuance of an 

20 order to terminate the Agreement and Contract 

21 under subparagraph (A)— 

22 (i) the Trust Fund shall be terminated; 

23 (ii) the balance of the Trust Fund shall 

24 be deposited in the general fund of the 

25 Treasury; 
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1 (iii) the authorizations for construction 

2 and rehabilitation of water projects under 

3 this subtitle shall be revoked and any Fed4 eral activity related to that construction 

5 and rehabilitation shall be suspended; and 

6 (iv) this part and parts I and III shall 

7 be null and void. 

8 (3) CONDITIONS NOT CAUSING NULLIFICATION OF

9 SETTLEMENT.— 

10 (A) IN GENERAL.—If a condition described 

11 in subparagraph (B) occurs, the Agreement and 

12 Contract shall not be nullified or terminated. 

13 (B) CONDITIONS.—The conditions referred 

14 to in subparagraph (A) are as follows: 

15 (i) A lack of right to divert at the ca16 pacities of conjunctive use wells constructed 

17 or rehabilitated under section 10606. 

18 (ii) A failure— 

19 (I) to determine or resolve an ac20 counting of the use of water under this 

21 subtitle in the State of Arizona; 

22 (II) to obtain a necessary water 

23 right for the consumptive use of water 

24 in Arizona; 
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1 (III) to contract for the delivery of 

2 water for use in Arizona; or 

3 (IV) to construct and operate a 

4 lateral facility to deliver water to a 

5 community of the Nation in Arizona, 

6 under the Project. 

7 (f) EFFECT ON RIGHTS OF INDIAN TRIBES.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), nothing in the Agreement, the Contract, or 

10 this section quantifies or adversely affects the land 

11 and water rights, or claims or entitlements to water, 

12 of any Indian tribe or community other than the 

13 rights, claims, or entitlements of the Nation in, to, 

14 and from the San Juan River Basin in the State of 

15 New Mexico. 

16 (2) EXCEPTION.—The right of the Nation to use 

17 water under water rights the Nation has in other 

18 river basins in the State of New Mexico shall be 

19 forborne to the extent that the Nation supplies the 

20 uses for which the water rights exist by diversions of 

21 water from the San Juan River Basin under the 

22 Project consistent with subparagraph 9.13 of the 

23 Agreement. 
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1 SEC. 10702. TRUST FUND. 

2 (a) ESTABLISHMENT.—There is established in the 

3 Treasury a fund to be known as the ‘‘Navajo Nation Water 

4 Resources Development Trust Fund’’, consisting of— 

5 (1) such amounts as are appropriated to the 

6 Trust Fund under subsection (f); and 

7 (2) any interest earned on investment of 

8 amounts in the Trust Fund under subsection (d). 

9 (b) USE OF FUNDS.—The Nation may use amounts 

10 in the Trust Fund— 

11 (1) to investigate, construct, operate, maintain, 

12 or replace water project facilities, including facilities 

13 conveyed to the Nation under this subtitle and facili14 ties owned by the United States for which the Nation 

15 is responsible for operation, maintenance, and re16 placement costs; and 

17 (2) to investigate, implement, or improve a 

18 water conservation measure (including a metering or 

19 monitoring activity) necessary for the Nation to make 

20 use of a water right of the Nation under the Agree21 ment. 

22 (c) MANAGEMENT.—The Secretary shall manage the 

23 Trust Fund, invest amounts in the Trust Fund pursuant 

24 to subsection (d), and make amounts available from the 

25 Trust Fund for distribution to the Nation in accordance 
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1 with the American Indian Trust Fund Management Reform 

2 Act of 1994 (25 U.S.C. 4001 et seq.). 

3 (d) INVESTMENT OF THE TRUST FUND.—Beginning 

4 on October 1, 2019, the Secretary shall invest amounts in 

5 the Trust Fund in accordance with— 

6 (1) the Act of April 1, 1880 (25 U.S.C. 161); 

7 (2) the first section of the Act of June 24, 1938 

8 (25 U.S.C. 162a); and 

9 (3) the American Indian Trust Fund Manage10 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 

11 (e) CONDITIONS FOR EXPENDITURES AND WITH12 DRAWALS.— 

13 (1) TRIBAL MANAGEMENT PLAN.— 

14 (A) IN GENERAL.—Subject to paragraph 

15 (7), on approval by the Secretary of a tribal 

16 management plan in accordance with the Amer17 ican Indian Trust Fund Management Reform 

18 Act of 1994 (25 U.S.C. 4001 et seq.), the Nation 

19 may withdraw all or a portion of the amounts 

20 in the Trust Fund. 

21 (B) REQUIREMENTS.—In addition to any 

22 requirements under the American Indian Trust 

23 Fund Management Reform Act of 1994 (25 

24 U.S.C. 4001 et seq.), the tribal management plan 

25 shall require that the Nation only use amounts 
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1 in the Trust Fund for the purposes described in 

2 subsection (b), including the identification of 

3 water conservation measures to be implemented 

4 in association with the agricultural water use of 

5 the Nation. 

6 (2) ENFORCEMENT.—The Secretary may take ju7 dicial or administrative action to enforce the provi8 sions of any tribal management plan to ensure that 

9 any amounts withdrawn from the Trust Fund are 

10 used in accordance with this subtitle. 

11 (3) NO LIABILITY.—Neither the Secretary nor the 

12 Secretary of the Treasury shall be liable for the ex13 penditure or investment of any amounts withdrawn 

14 from the Trust Fund by the Nation. 

15 (4) EXPENDITURE PLAN.— 

16 (A) IN GENERAL.—The Nation shall submit 

17 to the Secretary for approval an expenditure 

18 plan for any portion of the amounts in the Trust 

19 Fund made available under this section that the 

20 Nation does not withdraw under this subsection. 

21 (B) DESCRIPTION.—The expenditure plan 

22 shall describe the manner in which, and the pur23 poses for which, funds of the Nation remaining 

24 in the Trust Fund will be used. 
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1 (C) APPROVAL.—On receipt of an expendi2 ture plan under subparagraph (A), the Secretary 

3 shall approve the plan if the Secretary deter4 mines that the plan is reasonable and consistent 

5 with this subtitle. 

6 (5) ANNUAL REPORT.—The Nation shall submit 

7 to the Secretary an annual report that describes any 

8 expenditures from the Trust Fund during the year 

9 covered by the report. 

10 (6) LIMITATION.—No portion of the amounts in 

11 the Trust Fund shall be distributed to any Nation 

12 member on a per capita basis. 

13 (7) CONDITIONS.—Any amount authorized to be 

14 appropriated to the Trust Fund under subsection (f) 

15 shall not be available for expenditure or with16 drawal— 

17 (A) before December 31, 2019; and 

18 (B) until the date on which the court in the 

19 stream adjudication has entered— 

20 (i) the Partial Final Decree; and 

21 (ii) the Supplemental Partial Final 

22 Decree. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated for deposit in the Trust 

25 Fund— 
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1 (1) $6,000,000 for each of fiscal years 2010 

2 through 2014; and 

3 (2) $4,000,000 for each of fiscal years 2015 

4 through 2019. 

5 SEC. 10703. WAIVERS AND RELEASES. 

6 (a) CLAIMS BY THE NATION AND THE UNITED

7 STATES.—In return for recognition of the Nation’s water 

8 rights and other benefits, including but not limited to the 

9 commitments by other parties, as set forth in the Agreement 

10 and this subtitle, the Nation, on behalf of itself and members 

11 of the Nation (other than members in the capacity of the 

12 members as allottees), and the United States acting in its 

13 capacity as trustee for the Nation, shall execute a waiver 

14 and release of— 

15 (1) all claims for water rights in, or for waters 

16 of, the San Juan River Basin in the State of New 

17 Mexico that the Nation, or the United States as trust18 ee for the Nation, asserted, or could have asserted, in 

19 any proceeding, including but not limited to the 

20 stream adjudication, up to and including the effective 

21 date described in subsection (e), except to the extent 

22 that such rights are recognized in the Agreement or 

23 this subtitle; 

24 (2) all claims for damages, losses, or injuries to 

25 water rights or claims of interference with, diversion, 
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1 or taking of water (including but not limited to 

2 claims for injury to lands resulting from such dam3 ages, losses, injuries, interference with, diversion, or 

4 taking) in the San Juan River Basin in the State of 

5 New Mexico that accrued at any time up to and in6 cluding the effective date described in subsection (e); 

7 (3) all claims of any damage, loss, or injury or 

8 for injunctive or other relief because of the condition 

9 of or changes in water quality related to, or arising 

10 out of, the exercise of water rights; and 

11 (4) all claims against the State of New Mexico, 

12 its agencies, or employees relating to the negotiation 

13 or the adoption of the Agreement. 

14 (b) CLAIMS BY THE NATION AGAINST THE UNITED

15 STATES.—The Nation, on behalf of itself and its members 

16 (other than in the capacity of the members as allottees), 

17 shall execute a waiver and release of— 

18 (1) all claims against the United States, its 

19 agencies, or employees relating to claims for water 

20 rights in or waters of the San Juan River Basin in 

21 the State of New Mexico that the United States, act22 ing in its capacity as trustee for the Nation, asserted, 

23 or could have asserted, in any proceeding, including 

24 but not limited to the stream adjudication; 
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1 (2) all claims against the United States, its 

2 agencies, or employees relating to damages, losses, or 

3 injuries to water, water rights, land, or natural re4 sources due to loss of water or water rights (including 

5 but not limited to damages, losses, or injuries to hunt6 ing, fishing, gathering, or cultural rights due to loss 

7 of water or water rights; claims relating to inference 

8 with, diversion, or taking of water or water rights; or 

9 claims relating to failure to protect, acquire, replace, 

10 or develop water or water rights) in the San Juan 

11 River Basin in the State of New Mexico that first ac12 crued at any time up to and including the effective 

13 date described in subsection (e); 

14 (3) all claims against the United States, its 

15 agencies, or employees relating to the pending litiga16 tion of claims relating to the Nation’s water rights in 

17 the stream adjudication; and 

18 (4) all claims against the United States, its 

19 agencies, or employees relating to the negotiation, exe20 cution, or the adoption of the Agreement, the decrees, 

21 the Contract, or this subtitle. 

22 (c) RESERVATION OF CLAIMS.—Notwithstanding the 

23 waivers and releases authorized in this subtitle, the Nation 

24 on behalf of itself and its members (including members in 

25 the capacity of the members as allottees) and the United 
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1 States acting in its capacity as trustee for the Nation and 

2 allottees, retain— 

3 (1) all claims for water rights or injuries to 

4 water rights arising out of activities occurring outside 

5 the San Juan River Basin in the State of New Mex6 ico, subject to paragraphs 8.0, 9.3, 9.12, 9.13, and 

7 13.9 of the Agreement; 

8 (2) all claims for enforcement of the Agreement, 

9 the Contract, the Partial Final Decree, the Supple10 mental Partial Final Decree, or this subtitle, through 

11 any legal and equitable remedies available in any 

12 court of competent jurisdiction; 

13 (3) all rights to use and protect water rights ac14 quired pursuant to State law after the date of enact15 ment of this Act; 

16 (4) all claims relating to activities affecting the 

17 quality of water not related to the exercise of water 

18 rights, including but not limited to any claims the 

19 Nation might have under— 

20 (A) the Comprehensive Environmental Re21 sponse, Compensation, and Liability Act of 1980 

22 (42 U.S.C. 9601 et seq.); 

23 (B) the Safe Drinking Water Act (42 U.S.C. 

24 300f et seq.); and 
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1 (C) the Federal Water Pollution Control Act 

2 (33 U.S.C. 1251 et seq.); 

3 (5) all claims relating to damages, losses, or in4 juries to land or natural resources not due to loss of 

5 water or water rights; and 

6 (6) all rights, remedies, privileges, immunities, 

7 and powers not specifically waived and released 

8 under the terms of the Agreement or this subtitle. 

9 (d) 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 this 

14 Act and ending on the earlier of— 

15 (A) March 1, 2025; or 

16 (B) the effective date described in subsection 

17 (e). 

18 (2) EFFECT OF SUBSECTION.—Nothing in this 

19 subsection revives any claim or tolls any period of 

20 limitation or time-based equitable defense that ex21 pired before the date of enactment of this Act. 

22 (3) LIMITATION.—Nothing in this section pre23 cludes the tolling of any period of limitations or any 

24 time-based equitable defense under any other applica25 ble law. 
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1 (e) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The waivers and releases de3 scribed in subsections (a) and (b) shall be effective on 

4 the date on which the Secretary publishes in the Fed5 eral Register a statement of findings documenting 

6 that each of the deadlines described in section 

7 10701(e)(1) have been met. 

8 (2) DEADLINE.—If the deadlines described in 

9 section 10701(e)(1)(A) have not been met by the later 

10 of March 1, 2025, or the date of any extension under 

11 section 10701(e)(1)(B)— 

12 (A) the waivers and releases described in 

13 subsections (a) and (b) shall be of no effect; 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 Nation. 

20 Subtitle C—Shoshone-Paiute Tribes 

21 of the Duck Valley Reservation 

22 Water Rights Settlement 

23 SEC. 10801. FINDINGS. 

24 Congress finds that— 
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1 (1) it is the policy of the United States, in ac2 cordance with the trust responsibility of the United 

3 States to Indian tribes, to promote Indian self-deter4 mination and economic self-sufficiency and to settle 

5 Indian water rights claims without lengthy and costly 

6 litigation, if practicable; 

7 (2) quantifying rights to water and development 

8 of facilities needed to use tribal water supplies is es9 sential to the development of viable Indian reserva10 tion economies and the establishment of a permanent 

11 reservation homeland; 

12 (3) uncertainty concerning the extent of the Sho13 shone-Paiute Tribes’ water rights has resulted in lim14 ited access to water and inadequate financial re15 sources necessary to achieve self-determination and 

16 self-sufficiency; 

17 (4) in 2006, the Tribes, the State of Idaho, the 

18 affected individual water users, and the United States 

19 resolved all tribal claims to water rights in the Snake 

20 River Basin Adjudication through a consent decree 

21 entered by the District Court of the Fifth Judicial 

22 District of the State of Idaho, requiring no further 

23 Federal action to quantify the Tribes’ water rights in 

24 the State of Idaho; 
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1 (5) as of the date of enactment of this Act, pro2 ceedings to determine the extent and nature of the 

3 water rights of the Tribes in the East Fork of the 

4 Owyhee River in Nevada are pending before the Ne5 vada State Engineer; 

6 (6) final resolution of the Tribes’ water claims in 

7 the East Fork of the Owyhee River adjudication 

8 will— 

9 (A) take many years; 

10 (B) entail great expense; 

11 (C) continue to limit the access of the Tribes 

12 to water, with economic and social consequences; 

13 (D) prolong uncertainty relating to the 

14 availability of water supplies; and 

15 (E) seriously impair long-term economic 

16 planning and development for all parties to the 

17 litigation; 

18 (7) after many years of negotiation, the Tribes, 

19 the State, and the upstream water users have entered 

20 into a settlement agreement to resolve permanently all 

21 water rights of the Tribes in the State; and 

22 (8) the Tribes also seek to resolve certain water23 related claims for damages against the United States. 

24 SEC. 10802. PURPOSES. 

25 The purposes of this subtitle are— 
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1 (1) to resolve outstanding issues with respect to 

2 the East Fork of the Owyhee River in the State in 

3 such a manner as to provide important benefits to— 

4 (A) the United States; 

5 (B) the State; 

6 (C) the Tribes; and 

7 (D) the upstream water users; 

8 (2) to achieve a fair, equitable, and final settle9 ment of all claims of the Tribes, members of the 

10 Tribes, and the United States on behalf of the Tribes 

11 and members of Tribes to the waters of the East Fork 

12 of the Owyhee River in the State; 

13 (3) to ratify and provide for the enforcement of 

14 the Agreement among the parties to the litigation; 

15 (4) to resolve the Tribes’ water-related claims for 

16 damages against the United States; 

17 (5) to require the Secretary to perform all obli18 gations of the Secretary under the Agreement and this 

19 subtitle; and 

20 (6) to authorize the actions and appropriations 

21 necessary to meet the obligations of the United States 

22 under the Agreement and this subtitle. 

23 SEC. 10803. DEFINITIONS. 

24 In this subtitle: 
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1 (1) AGREEMENT.—The term ‘‘Agreement’’ means 

2 the agreement entitled the ‘‘Agreement to Establish 

3 the Relative Water Rights of the Shoshone-Paiute 

4 Tribes of the Duck Valley Reservation and the Up5 stream Water Users, East Fork Owyhee River’’ and 

6 signed in counterpart between, on, or about Sep7 tember 22, 2006, and January 15, 2007 (including 

8 all attachments to that Agreement). 

9 (2) DEVELOPMENT FUND.—The term ‘‘Develop10 ment Fund’’ means the Shoshone-Paiute Tribes Water 

11 Rights Development Fund established by section 

12 10807(b)(1). 

13 (3) EAST FORK OF THE OWYHEE RIVER.—The 

14 term ‘‘East Fork of the Owyhee River’’ means the por15 tion of the east fork of the Owyhee River that is lo16 cated in the State. 

17 (4) MAINTENANCE FUND.—The term ‘‘Mainte18 nance Fund’’ means the Shoshone-Paiute Tribes Op19 eration and Maintenance Fund established by section 

20 10807(c)(1). 

21 (5) RESERVATION.—The term ‘‘Reservation’’ 

22 means the Duck Valley Reservation established by the 

23 Executive order dated April 16, 1877, as adjusted 

24 pursuant to the Executive order dated May 4, 1886, 

25 and Executive order numbered 1222 and dated July 
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1 1, 1910, for use and occupation by the Western Sho2 shones and the Paddy Cap Band of Paiutes. 

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

4 the Secretary of the Interior. 

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

6 of Nevada. 

7 (8) TRIBAL WATER RIGHTS.—The term ‘‘tribal 

8 water rights’’ means rights of the Tribes described in 

9 the Agreement relating to water, including ground10 water, storage water, and surface water. 

11 (9) TRIBES.—The term ‘‘Tribes’’ means the Sho12 shone-Paiute Tribes of the Duck Valley Reservation. 

13 (10) UPSTREAM WATER USER.—The term ‘‘up14 stream water user’’ means a non-Federal water user 

15 that— 

16 (A) is located upstream from the Reserva17 tion on the East Fork of the Owyhee River; and 

18 (B) is a signatory to the Agreement as a 

19 party to the East Fork of the Owyhee River ad20 judication. 

21 SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMATION 

22 OF AGREEMENT; AUTHORIZATION. 

23 (a) IN GENERAL.—Except as provided in subsection 

24 (c) and except to the extent that the Agreement otherwise 
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1 conflicts with provisions of this subtitle, the Agreement is 

2 approved, ratified, and confirmed. 

3 (b) SECRETARIAL AUTHORIZATION.—The Secretary is 

4 authorized and directed to execute the Agreement as ap5 proved by Congress. 

6 (c) EXCEPTION FOR TRIBAL WATER MARKETING.— 

7 Notwithstanding any language in the Agreement to the con8 trary, nothing in this subtitle authorizes the Tribes to use 

9 or authorize others to use tribal water rights off the Reserva10 tion, other than use for storage at Wild Horse Reservoir 

11 for use on tribal land and for the allocation of 265 acre 

12 feet to upstream water users under the Agreement, or use 

13 on tribal land off the Reservation. 

14 (d) ENVIRONMENTAL COMPLIANCE.—Execution of the 

15 Agreement by the Secretary under this section shall not con16 stitute major Federal action under the National Environ17 mental Policy Act (42 U.S.C. 4321 et seq.). The Secretary 

18 shall carry out all environmental compliance required by 

19 Federal law in implementing the Agreement. 

20 (e) PERFORMANCE OF OBLIGATIONS.—The Secretary 

21 and any other head of a Federal agency obligated under 

22 the Agreement shall perform actions necessary to carry out 

23 an obligation under the Agreement in accordance with this 

24 subtitle. 
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1 SEC. 10805. TRIBAL WATER RIGHTS. 

2 (a) IN GENERAL.—Tribal water rights shall be held 

3 in trust by the United States for the benefit of the Tribes. 

4 (b) ADMINISTRATION.— 

5 (1) ENACTMENT OF WATER CODE.—Not later 

6 than 3 years after the date of enactment of this Act, 

7 the Tribes, in accordance with provisions of the 

8 Tribes’ constitution and subject to the approval of the 

9 Secretary, shall enact a water code to administer trib10 al water rights. 

11 (2) INTERIM ADMINISTRATION.—The Secretary 

12 shall regulate the tribal water rights during the pe13 riod beginning on the date of enactment of this Act 

14 and ending on the date on which the Tribes enact a 

15 water code under paragraph (1). 

16 (c) TRIBAL WATER RIGHTS NOT SUBJECT TO LOSS.— 

17 The tribal water rights shall not be subject to loss by aban18 donment, forfeiture, or nonuse. 

19 SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT. 

20 (a) STATUS OF THE DUCK VALLEY INDIAN IRRIGATION

21 PROJECT.—Nothing in this subtitle shall affect the status 

22 of the Duck Valley Indian Irrigation Project under Federal 

23 law. 

24 (b) CAPITAL COSTS NONREIMBURSABLE.—The capital 

25 costs associated with the Duck Valley Indian Irrigation 

26 Project as of the date of enactment of this Act, including 
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1 any capital cost incurred with funds distributed under this 

2 subtitle for the Duck Valley Indian Irrigation Project, shall 

3 be nonreimbursable. 

4 SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS. 

5 (a) DEFINITION OF FUNDS.—In this section, the term 

6 ‘‘Funds’’ means— 

7 (1) the Development Fund; and 

8 (2) the Maintenance Fund. 

9 (b) DEVELOPMENT FUND.— 

10 (1) ESTABLISHMENT.—There is established in 

11 the Treasury of the United States a fund to be known 

12 as the ‘‘Shoshone-Paiute Tribes Water Rights Devel13 opment Fund’’. 

14 (2) USE OF FUNDS.— 

15 (A) PRIORITY USE OF FUNDS FOR REHA16 BILITATION.—The Tribes shall use amounts in 

17 the Development Fund to— 

18 (i) rehabilitate the Duck Valley Indian 

19 Irrigation Project; or 

20 (ii) for other purposes under subpara21 graph (B), provided that the Tribes have 

22 given written notification to the Secretary 

23 that— 
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1 (I) the Duck Valley Indian Irriga2 tion Project has been rehabilitated to 

3 an acceptable condition; or 

4 (II) sufficient funds will remain 

5 available from the Development Fund 

6 to rehabilitate the Duck Valley Indian 

7 Irrigation Project to an acceptable con8 dition after expending funds for other 

9 purposes under subparagraph (B). 

10 (B) OTHER USES OF FUNDS.—Once the 

11 Tribes have provided written notification as pro12 vided in subparagraph (A)(ii)(I) or (A)(ii)(II), 

13 the Tribes may use amounts from the Develop14 ment Fund for any of the following purposes: 

15 (i) To expand the Duck Valley Indian 

16 Irrigation Project. 

17 (ii) To pay or reimburse costs incurred 

18 by the Tribes in acquiring land and water 

19 rights. 

20 (iii) For purposes of cultural preserva21 tion. 

22 (iv) To restore or improve fish or wild23 life habitat. 
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1 (v) For fish or wildlife production, 

2 water resource development, or agricultural 

3 development. 

4 (vi) For water resource planning and 

5 development. 

6 (vii) To pay the costs of— 

7 (I) designing and constructing 

8 water supply and sewer systems for 

9 tribal communities, including a water 

10 quality testing laboratory; 

11 (II) other appropriate water-re12 lated projects and other related eco13 nomic development projects; 

14 (III) the development of a water 

15 code; and 

16 (IV) other costs of implementing 

17 the Agreement. 

18 (3) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated to the Sec20 retary for deposit in the Development Fund 

21 $9,000,000 for each of fiscal years 2010 through 2014. 

22 (c) MAINTENANCE FUND.— 

23 (1) ESTABLISHMENT.—There is established in 

24 the Treasury of the United States a fund to be known 
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1 as the ‘‘Shoshone-Paiute Tribes Operation and Main2 tenance Fund’’. 

3 (2) USE OF FUNDS.—The Tribes shall use 

4 amounts in the Maintenance Fund to pay or provide 

5 reimbursement for— 

6 (A) operation, maintenance, and replace7 ment costs of the Duck Valley Indian Irrigation 

8 Project and other water-related projects funded 

9 under this subtitle; or 

10 (B) operation, maintenance, and replace11 ment costs of water supply and sewer systems for 

12 tribal communities, including the operation and 

13 maintenance costs of a water quality testing lab14 oratory. 

15 (3) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to the Sec17 retary for deposit in the Maintenance Fund 

18 $3,000,000 for each of fiscal years 2010 through 2014. 

19 (d) AVAILABILITY OF AMOUNTS FROM FUNDS.— 

20 Amounts made available under subsections (b)(3) and (c)(3) 

21 shall be available for expenditure or withdrawal only after 

22 the effective date described in section 10808(d). 

23 (e) ADMINISTRATION OF FUNDS.—Upon completion of 

24 the actions described in section 10808(d), the Secretary, in 

25 accordance with the American Indian Trust Fund Manage-
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1 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.) shall 

2 manage the Funds, including by investing amounts from 

3 the Funds in accordance with the Act of April 1, 1880 (25 

4 U.S.C. 161), and the first section of the Act of June 24, 

5 1938 (25 U.S.C. 162a). 

6 (f) EXPENDITURES AND WITHDRAWAL.— 

7 (1) TRIBAL MANAGEMENT PLAN.— 

8 (A) IN GENERAL.—The Tribes may with9 draw all or part of amounts in the Funds on ap10 proval by the Secretary of a tribal management 

11 plan as described in the American Indian Trust 

12 Fund Management Reform Act of 1994 (25 

13 U.S.C. 4001 et seq.). 

14 (B) REQUIREMENTS.—In addition to the 

15 requirements under the American Indian Trust 

16 Fund Management Reform Act of 1994 (25 

17 U.S.C. 4001 et seq.), the tribal management plan 

18 shall require that the Tribes spend any amounts 

19 withdrawn from the Funds in accordance with 

20 the purposes described in subsection (b)(2) or 

21 (c)(2). 

22 (C) ENFORCEMENT.—The Secretary may 

23 take judicial or administrative action to enforce 

24 the provisions of any tribal management plan to 

25 ensure that any amounts withdrawn from the 
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1 Funds under the plan are used in accordance 

2 with this subtitle and the Agreement. 

3 (D) LIABILITY.—If the Tribes exercise the 

4 right to withdraw amounts from the Funds, nei5 ther the Secretary nor the Secretary of the Treas6 ury shall retain any liability for the expenditure 

7 or investment of the amounts. 

8 (2) EXPENDITURE PLAN.— 

9 (A) IN GENERAL.—The Tribes shall submit 

10 to the Secretary for approval an expenditure 

11 plan for any portion of the amounts in the 

12 Funds that the Tribes do not withdraw under the 

13 tribal management plan. 

14 (B) DESCRIPTION.—The expenditure plan 

15 shall describe the manner in which, and the pur16 poses for which, amounts of the Tribes remaining 

17 in the Funds will be used. 

18 (C) APPROVAL.—On receipt of an expendi19 ture plan under subparagraph (A), the Secretary 

20 shall approve the plan if the Secretary deter21 mines that the plan is reasonable and consistent 

22 with this subtitle and the Agreement. 

23 (D) ANNUAL REPORT.—For each Fund, the 

24 Tribes shall submit to the Secretary an annual 
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1 report that describes all expenditures from the 

2 Fund during the year covered by the report. 

3 (3) FUNDING AGREEMENT.—Notwithstanding 

4 any other provision of this subtitle, on receipt of a re5 quest from the Tribes, the Secretary shall include an 

6 amount from funds made available under this section 

7 in the funding agreement of the Tribes under title IV 

8 of the Indian Self-Determination and Education As9 sistance Act (25 U.S.C. 458aa et seq.), for use in ac10 cordance with subsections (b)(2) and (c)(2). No 

11 amount made available under this subtitle may be re12 quested until the waivers under section 10808(a) take 

13 effect. 

14 (g) NO PER CAPITA PAYMENTS.—No amount from the 

15 Funds (including any interest income that would have ac16 crued to the Funds after the effective date) shall be distrib17 uted to a member of the Tribes on a per capita basis. 

18 SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS. 

19 (a) WAIVER AND RELEASE OF CLAIMS BY TRIBES AND

20 UNITED STATES ACTING AS TRUSTEE FOR TRIBES.—In re21 turn for recognition of the Tribes’ water rights and other 

22 benefits as set forth in the Agreement and this subtitle, the 

23 Tribes, on behalf of themselves and their members, and the 

24 United States acting in its capacity as trustee for the Tribes 

25 are authorized to execute a waiver and release of— 
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1 (1) all claims for water rights in the State of Ne2 vada that the Tribes, or the United States acting in 

3 its capacity as trustee for the Tribes, asserted, or 

4 could have asserted, in any proceeding, including 

5 pending proceedings before the Nevada State Engineer 

6 to determine the extent and nature of the water rights 

7 of the Tribes in the East Fork of the Owyhee River 

8 in Nevada, up to and including the effective date, ex9 cept to the extent that such rights are recognized in 

10 the Agreement or this subtitle; and 

11 (2) all claims for damages, losses or injuries to 

12 water rights or claims of interference with, diversion 

13 or taking of water rights (including claims for injury 

14 to lands resulting from such damages, losses, injuries, 

15 interference with, diversion, or taking of water rights) 

16 within the State of Nevada that accrued at any time 

17 up to and including the effective date. 

18 (b) WAIVER AND RELEASE OF CLAIMS BY TRIBES

19 AGAINST UNITED STATES.—The Tribes, on behalf of them20 selves and their members, are authorized to execute a waiver 

21 and release of— 

22 (1) all claims against the United States, its 

23 agencies, or employees, relating in any manner to 

24 claims for water rights in or water of the States of 

25 Nevada and Idaho that the United States acting in 
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1 its capacity as trustee for the Tribes asserted, or could 

2 have asserted, in any proceeding, including pending 

3 proceedings before the Nevada State Engineer to de4 termine the extent and nature of the water rights of 

5 the Tribes in the East Fork of the Owyhee River in 

6 Nevada, and the Snake River Basin Adjudication in 

7 Idaho; 

8 (2) all claims against the United States, its 

9 agencies, or employees relating in any manner to 

10 damages, losses, or injuries to water, water rights, 

11 land, or other resources due to loss of water or water 

12 rights (including damages, losses or injuries to fishing 

13 and other similar rights due to loss of water or water 

14 rights; claims relating to interference with, diversion 

15 or taking of water; or claims relating to failure to 

16 protect, acquire, replace, or develop water, water 

17 rights or water infrastructure) within the States of 

18 Nevada and Idaho that first accrued at any time up 

19 to and including the effective date; 

20 (3) all claims against the United States, its 

21 agencies, or employees relating to the operation, 

22 maintenance, or rehabilitation of the Duck Valley In23 dian Irrigation Project that first accrued at any time 

24 up to and including the date upon which the Tribes 

25 notify the Secretary as provided in section 
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1 10807(b)(2)(A)(ii)(I) that the rehabilitation of the 

2 Duck Valley Indian Irrigation Project under this sub3 title to an acceptable level has been accomplished; 

4 (4) all claims against the United States, its 

5 agencies, or employees relating in any manner to the 

6 litigation of claims relating to the Tribes’ water 

7 rights in pending proceedings before the Nevada State 

8 Engineer to determine the extent and nature of the 

9 water rights of the Tribes in the East Fork of the 

10 Owyhee River in Nevada or the Snake River Basin 

11 Adjudication in Idaho; and 

12 (5) all claims against the United States, its 

13 agencies, or employees relating in any manner to the 

14 negotiation, execution, or adoption of the Agreement, 

15 exhibits thereto, the decree referred to in subsection 

16 (d)(2), or this subtitle. 

17 (c) RESERVATION OF RIGHTS AND RETENTION OF

18 CLAIMS.—Notwithstanding the waivers and releases author19 ized in this subtitle, the Tribes on their own behalf and the 

20 United States acting in its capacity as trustee for the Tribes 

21 retain— 

22 (1) all claims for enforcement of the Agreement, 

23 the decree referred to in subsection (d)(2), or this sub24 title, through such legal and equitable remedies as 
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1 may be available in the decree court or the appro2 priate Federal court; 

3 (2) all rights to acquire a water right in a State 

4 to the same extent as any other entity in the State, 

5 in accordance with State law, and to use and protect 

6 water rights acquired after the date of enactment of 

7 this Act; 

8 (3) all claims relating to activities affecting the 

9 quality of water including any claims the Tribes 

10 might have under the Comprehensive Environmental 

11 Response, Compensation, and Liability Act of 1980 

12 (42 U.S.C. 9601 et seq.) (including claims for dam13 ages to natural resources), the Safe Drinking Water 

14 Act (42 U.S.C. 300f et seq.), the Federal Water Pollu15 tion Control Act (33 U.S.C. 1251 et seq.), and the reg16 ulations implementing those Acts; and 

17 (4) all rights, remedies, privileges, immunities, 

18 and powers not specifically waived and released pur19 suant to this subtitle. 

20 (d) EFFECTIVE DATE.—Notwithstanding anything in 

21 the Agreement to the contrary, the waivers by the Tribes, 

22 or the United States on behalf of the Tribes, under this sec23 tion shall take effect on the date on which the Secretary 

24 publishes in the Federal Register a statement of findings 

25 that includes a finding that— 
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1 (1) the Agreement and the waivers and releases 

2 authorized and set forth in subsections (a) and (b) 

3 have been executed by the parties and the Secretary; 

4 (2) the Fourth Judicial District Court, Elko 

5 County, Nevada, has issued a judgment and decree 

6 consistent with the Agreement from which no further 

7 appeal can be taken; and 

8 (3) the amounts authorized under subsections 

9 (b)(3) and (c)(3) of section 10807 have been appro10 priated. 

11 (e) FAILURE TO PUBLISH STATEMENT OF FIND12 INGS.—If the Secretary does not publish a statement of 

13 findings under subsection (d) by March 31, 2016— 

14 (1) the Agreement and this subtitle shall not take 

15 effect; and 

16 (2) any funds that have been appropriated under 

17 this subtitle shall immediately revert to the general 

18 fund of the United States Treasury. 

19 (f) TOLLING OF CLAIMS.— 

20 (1) IN GENERAL.—Each applicable period of 

21 limitation and time-based equitable defense relating 

22 to a claim described in this section shall be tolled for 

23 the period beginning on the date of enactment of this 

24 Act and ending on the date on which the amounts au-
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1 thorized to be appropriated under subsections (b)(3) 

2 and (c)(3) of section 10807 are appropriated. 

3 (2) EFFECT OF SUBPARAGRAPH.—Nothing in 

4 this subparagraph revives any claim or tolls any pe5 riod of limitation or time-based equitable defense that 

6 expired before the date of enactment of this Act. 

7 SEC. 10809. MISCELLANEOUS. 

8 (a) GENERAL DISCLAIMER.—The parties to the Agree9 ment expressly reserve all rights not specifically granted, 

10 recognized, or relinquished by— 

11 (1) the settlement described in the Agreement; or 

12 (2) this subtitle. 

13 (b) LIMITATION OF CLAIMS AND RIGHTS.—Nothing in 

14 this subtitle— 

15 (1) establishes a standard for quantifying— 

16 (A) a Federal reserved water right; 

17 (B) an aboriginal claim; or 

18 (C) any other water right claim of an In19 dian tribe in a judicial or administrative pro20 ceeding; 

21 (2) affects the ability of the United States, acting 

22 in its sovereign capacity, to take actions authorized 

23 by law, including any laws relating to health, safety, 

24 or the environment, including the Comprehensive En25 vironmental Response, Compensation, and Liability 
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1 Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drink2 ing Water Act (42 U.S.C. 300f et seq.), the Federal 

3 Water Pollution Control Act (33 U.S.C. 1251 et seq.), 

4 the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 

5 (commonly known as the ‘‘Resource Conservation and 

6 Recovery Act of 1976’’), and the regulations imple7 menting those Acts; 

8 (3) affects the ability of the United States to take 

9 actions, acting in its capacity as trustee for any other 

10 Tribe, Pueblo, or allottee; 

11 (4) waives any claim of a member of the Tribes 

12 in an individual capacity that does not derive from 

13 a right of the Tribes; or 

14 (5) limits the right of a party to the Agreement 

15 to litigate any issue not resolved by the Agreement or 

16 this subtitle. 

17 (c) ADMISSION AGAINST INTEREST.—Nothing in this 

18 subtitle constitutes an admission against interest by a 

19 party in any legal proceeding. 

20 (d) RESERVATION.—The Reservation shall be— 

21 (1) considered to be the property of the Tribes; 

22 and 

23 (2) permanently held in trust by the United 

24 States for the sole use and benefit of the Tribes. 

25 (e) JURISDICTION.— 
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1 (1) SUBJECT MATTER JURISDICTION.—Nothing 

2 in the Agreement or this subtitle restricts, enlarges, or 

3 otherwise determines the subject matter jurisdiction of 

4 any Federal, State, or tribal court. 

5 (2) CIVIL OR REGULATORY JURISDICTION.— 

6 Nothing in the Agreement or this subtitle impairs or 

7 impedes the exercise of any civil or regulatory author8 ity of the United States, the State, or the Tribes. 

9 (3) CONSENT TO JURISDICTION.—The United 

10 States consents to jurisdiction in a proper forum for 

11 purposes of enforcing the provisions of the Agreement. 

12 (4) EFFECT OF SUBSECTION.—Nothing in this 

13 subsection confers jurisdiction on any State court 

14 to— 

15 (A) interpret Federal law regarding the 

16 health, safety, or the environment or determine 

17 the duties of the United States or other parties 

18 pursuant to such Federal law; or 

19 (B) conduct judicial review of a Federal 

20 agency action. 
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1 TITLE XI—UNITED STATES GEO2 LOGICAL SURVEY AUTHOR3 IZATIONS 

4 SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEO5 LOGIC MAPPING ACT OF 1992. 

6 (a) FINDINGS.—Section 2(a) of the National Geologic 

7 Mapping Act of 1992 (43 U.S.C. 31a(a)) is amended— 

8 (1) by striking paragraph (1) and inserting the 

9 following: 

10 ‘‘(1) although significant progress has been made 

11 in the production of geologic maps since the establish12 ment of the national cooperative geologic mapping 

13 program in 1992, no modern, digital, geologic map 

14 exists for approximately 75 percent of the United 

15 States;’’; and 

16 (2) in paragraph (2)— 

17 (A) in subparagraph (C), by inserting 

18 ‘‘homeland and’’ after ‘‘planning for’’; 

19 (B) in subparagraph (E), by striking ‘‘pre20 dicting’’ and inserting ‘‘identifying’’; 

21 (C) in subparagraph (I), by striking ‘‘and’’ 

22 after the semicolon at the end; 

23 (D) by redesignating subparagraph (J) as 

24 subparagraph (K); and 
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1 (E) by inserting after subparagraph (I) the 

2 following: 

3 ‘‘(J) recreation and public awareness; and’’; 

4 and 

5 (3) in paragraph (9), by striking ‘‘important’’ 

6 and inserting ‘‘available’’. 

7 (b) PURPOSE.—Section 2(b) of the National Geologic 

8 Mapping Act of 1992 (43 U.S.C. 31a(b)) is amended by 

9 inserting ‘‘and management’’ before the period at the end. 

10 (c) DEADLINES FOR ACTIONS BY THE UNITED STATES

11 GEOLOGICAL SURVEY.—Section 4(b)(1) of the National 

12 Geologic Mapping Act of 1992 (43 U.S.C. 31c(b)(1)) is 

13 amended in the second sentence— 

14 (1) in subparagraph (A), by striking ‘‘not later 

15 than’’ and all that follows through the semicolon and 

16 inserting ‘‘not later than 1 year after the date of en17 actment of the Omnibus Public Land Management 

18 Act of 2009;’’; 

19 (2) in subparagraph (B), by striking ‘‘not later 

20 than’’ and all that follows through ‘‘in accordance’’ 

21 and inserting ‘‘not later than 1 year after the date of 

22 enactment of the Omnibus Public Land Management 

23 Act of 2009 in accordance’’; and 

24 (3) in the matter preceding clause (i) of subpara25 graph (C), by striking ‘‘not later than’’ and all that 
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1 follows through ‘‘submit’’ and inserting ‘‘submit bien2 nially’’. 

3 (d) GEOLOGIC MAPPING PROGRAM OBJECTIVES.—Sec4 tion 4(c)(2) of the National Geologic Mapping Act of 1992 

5 (43 U.S.C. 31c(c)(2)) is amended— 

6 (1) by striking ‘‘geophysical-map data base, geo7 chemical-map data base, and a’’; and 

8 (2) by striking ‘‘provide’’ and inserting ‘‘pro9 vides’’. 

10 (e) GEOLOGIC MAPPING PROGRAM COMPONENTS.— 

11 Section 4(d)(1)(B)(ii) of the National Geologic Mapping 

12 Act of 1992 (43 U.S.C. 31c(d)(1)(B)(ii)) is amended— 

13 (1) in subclause (I), by striking ‘‘and’’ after the 

14 semicolon at the end; 

15 (2) in subclause (II), by striking the period at 

16 the end and inserting ‘‘; and’’; and 

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

18 ‘‘(III) the needs of land manage19 ment agencies of the Department of the 

20 Interior.’’. 

21 (f) GEOLOGIC MAPPING ADVISORY COMMITTEE.— 

22 (1) MEMBERSHIP.—Section 5(a) of the National 

23 Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)) is 

24 amended— 

25 (A) in paragraph (2)— 
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1 (i) by inserting ‘‘the Secretary of the 

2 Interior or a designee from a land manage3 ment agency of the Department of the Inte4 rior,’’ after ‘‘Administrator of the Environ5 mental Protection Agency or a designee,’’; 

6 (ii) by inserting ‘‘and’’ after ‘‘Energy 

7 or a designee,’’; and 

8 (iii) by striking ‘‘, and the Assistant to 

9 the President for Science and Technology or 

10 a designee’’; and 

11 (B) in paragraph (3)— 

12 (i) by striking ‘‘Not later than’’ and 

13 all that follows through ‘‘consultation’’ and 

14 inserting ‘‘In consultation’’; 

15 (ii) by striking ‘‘Chief Geologist, as 

16 Chairman’’ and inserting ‘‘Associate Direc17 tor for Geology, as Chair’’; and 

18 (iii) by striking ‘‘one representative 

19 from the private sector’’ and inserting ‘‘2 

20 representatives from the private sector’’. 

21 (2) DUTIES.—Section 5(b) of the National Geo22 logic Mapping Act of 1992 (43 U.S.C. 31d(b)) is 

23 amended— 

24 (A) in paragraph (2), by striking ‘‘and’’ at 

25 the end; 
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1 (B) by redesignating paragraph (3) as 

2 paragraph (4); and 

3 (C) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) provide a scientific overview of geologic 

6 maps (including maps of geologic-based hazards) used 

7 or disseminated by Federal agencies for regulation or 

8 land-use planning; and’’. 

9 (3) CONFORMING AMENDMENT.—Section 5(a)(1) 

10 of the National Geologic Mapping Act of 1992 (43 

11 U.S.C. 31d(a)(1)) is amended by striking ‘‘10-mem12 ber’’ and inserting ‘‘11-member’’. 

13 (g) FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATA14 BASE.—Section 7(a) of the National Geologic Mapping Act 

15 of 1992 (43 U.S.C. 31f(a)) is amended— 

16 (1) in paragraph (1), by striking ‘‘geologic map’’ 

17 and inserting ‘‘geologic-map’’; and 

18 (2) in paragraph (2), by striking subparagraph 

19 (A) and inserting the following: 

20 ‘‘(A) all maps developed with funding pro21 vided by the National Cooperative Geologic Map22 ping Program, including under the Federal, 

23 State, and education components;’’. 

24 (h) BIENNIAL REPORT.—Section 8 of the National 

25 Geologic Mapping Act of 1992 (43 U.S.C. 31g) is amended 
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1 by striking ‘‘Not later’’ and all that follows through ‘‘bien2 nially’’ and inserting ‘‘Not later than 3 years after the date 

3 of enactment of the Omnibus Public Land Management Act 

4 of 2009 and biennially’’. 

5 (i) AUTHORIZATION OF APPROPRIATIONS; ALLOCA6 TION.—Section 9 of the National Geologic Mapping Act of 

7 1992 (43 U.S.C. 31h) is amended— 

8 (1) by striking subsection (a) and inserting the 

9 following: 

10 ‘‘(a) IN GENERAL.—There is authorized to be appro11 priated to carry out this Act $64,000,000 for each of fiscal 

12 years 2009 through 2018.’’; and 

13 (2) in subsection (b)— 

14 (A) in the matter preceding paragraph (1), 

15 by striking ‘‘2000’’ and inserting ‘‘2005’’; 

16 (B) in paragraph (1), by striking ‘‘48’’ and 

17 inserting ‘‘50’’; and 

18 (C) in paragraph (2), by striking 2 and in19 serting ‘‘4’’. 

20 SEC. 11002. NEW MEXICO WATER RESOURCES STUDY. 

21 (a) IN GENERAL.—The Secretary of the Interior, act22 ing through the Director of the United States Geological 

23 Survey (referred to in this section as the ‘‘Secretary’’), in 

24 coordination with the State of New Mexico (referred to in 

25 this section as the ‘‘State’’) and any other entities that the 
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1 Secretary determines to be appropriate (including other 

2 Federal agencies and institutions of higher education), 

3 shall, in accordance with this section and any other appli4 cable law, conduct a study of water resources in the State, 

5 including— 

6 (1) a survey of groundwater resources, including 

7 an analysis of— 

8 (A) aquifers in the State, including the 

9 quantity of water in the aquifers; 

10 (B) the availability of groundwater re11 sources for human use; 

12 (C) the salinity of groundwater resources; 

13 (D) the potential of the groundwater re14 sources to recharge; 

15 (E) the interaction between groundwater 

16 and surface water; 

17 (F) the susceptibility of the aquifers to con18 tamination; and 

19 (G) any other relevant criteria; and 

20 (2) a characterization of surface and bedrock ge21 ology, including the effect of the geology on ground22 water yield and quality. 

23 (b) STUDY AREAS.—The study carried out under sub24 section (a) shall include the Estancia Basin, Salt Basin, 
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1 Tularosa Basin, Hueco Basin, and middle Rio Grande 

2 Basin in the State. 

3 (c) REPORT.—Not later than 2 years after the date of 

4 enactment of this Act, the Secretary shall submit to the 

5 Committee on Energy and Natural Resources of the Senate 

6 and the Committee on Resources of the House of Representa7 tives a report that describes the results of the study. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

9 authorized to be appropriated such sums as are necessary 

10 to carry out this section. 

11 TITLE XII—OCEANS 

12 Subtitle A—Ocean Exploration 

13 PART I—EXPLORATION 

14 SEC. 12001. PURPOSE. 

15 The purpose of this part is to establish the national 

16 ocean exploration program and the national undersea re17 search program within the National Oceanic and Atmos18 pheric Administration. 

19 SEC. 12002. PROGRAM ESTABLISHED. 

20 The Administrator of the National Oceanic and At21 mospheric Administration shall, in consultation with the 

22 National Science Foundation and other appropriate Fed23 eral agencies, establish a coordinated national ocean explo24 ration program within the National Oceanic and Atmos25 pheric Administration that promotes collaboration with 
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1 other Federal ocean and undersea research and exploration 

2 programs. To the extent appropriate, the Administrator 

3 shall seek to facilitate coordination of data and information 

4 management systems, outreach and education programs to 

5 improve public understanding of ocean and coastal re6 sources, and development and transfer of technologies to fa7 cilitate ocean and undersea research and exploration. 

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 regions, 

20 with a focus on deep water marine systems that hold 

21 potential for important scientific discoveries, such as 

22 hydrothermal vent communities and seamounts; 

23 (3) conduct scientific voyages to locate, define, 

24 and document historic shipwrecks, submerged sites, 
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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, com5 petitive process for merit-based peer-review and ap6 proval 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 collec13 tion 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 en18 hance the scientific and technical expertise and rel19 evance 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 knowledge 

23 of the oceans. 
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1 SEC. 12004. OCEAN EXPLORATION AND UNDERSEA RE2 SEARCH TECHNOLOGY AND INFRASTRUC3 TURE TASK FORCE. 

4 (a) IN GENERAL.—The Administrator of the National 

5 Oceanic and Atmospheric Administration, in coordination 

6 with the National Science Foundation, the National Aero7 nautics and Space Administration, the United States Geo8 logical Survey, the Department of the Navy, the Mineral 

9 Management Service, and relevant governmental, non-gov10 ernmental, academic, industry, and other experts, shall con11 vene an ocean exploration and undersea research technology 

12 and infrastructure task force to develop and implement a 

13 strategy— 

14 (1) to facilitate transfer of new exploration and 

15 undersea research technology to the programs author16 ized under this part and part II of this subtitle; 

17 (2) to improve availability of communications 

18 infrastructure, including satellite capabilities, to such 

19 programs; 

20 (3) to develop an integrated, workable, and com21 prehensive data management information processing 

22 system that will make information on unique and sig23 nificant features obtained by such programs available 

24 for research and management purposes; 

25 (4) to conduct public outreach activities that im26 prove the public understanding of ocean science, re-
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1 sources, and processes, in conjunction with relevant 

2 programs of the National Oceanic and Atmospheric 

3 Administration, the National Science Foundation, 

4 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 co11 ordinate the development of agency budgets and identify the 

12 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 areas 

20 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, marine, 

23 and Great Lakes science, exploration, and discovery; 
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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 14 

7 of the Federal Advisory Committee Act (5 U.S.C. App.) 

8 shall not apply to the Board appointed under subsection 

9 (a). 

10 (c) APPLICATION WITH OUTER CONTINENTAL SHELF

11 LANDS ACT.—Nothing in part supersedes, or limits the au12 thority of the Secretary of the Interior under the Outer Con13 tinental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

14 SEC. 12006. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated to the Na16 tional Oceanic and Atmospheric Administration to carry 

17 out this part— 

18 (1) $33,550,000 for fiscal year 2009; 

19 (2) $36,905,000 for fiscal year 2010; 

20 (3) $40,596,000 for fiscal year 2011; 

21 (4) $44,655,000 for fiscal year 2012; 

22 (5) $49,121,000 for fiscal year 2013; 

23 (6) $54,033,000 for fiscal year 2014; and 

24 (7) $59,436,000 for fiscal year 2015. 
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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 National 

8 Oceanic and Atmospheric Administration shall establish 

9 and maintain an undersea research program and shall des10 ignate 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, in22 formation, and expertise to support undersea research 

23 efforts by these organizations; 

24 (2) enter into partnerships, as appropriate and 

25 using existing authorities, with the private sector to 
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1 achieve the goals of the program and to promote tech2 nological advancement of the marine industry; and 

3 (3) coordinate the development of agency budgets 

4 and identify the items in their annual budget that 

5 support the activities described in paragraphs (1) and 

6 (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 overall 

15 direction of the program in coordination with a Council 

16 of Center Directors comprised of the directors of the extra17 mural regional centers and the National Institute for Un18 dersea Science and Technology. The Director shall publish 

19 a draft program direction document not later than 1 year 

20 after the date of enactment of this Act in the Federal Reg21 ister for a public comment period of not less than 120 days. 

22 The Director shall publish a final program direction, in23 cluding responses to the comments received during the pub24 lic comment period, in the Federal Register within 90 days 

25 after the close of the comment period. The program director 
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1 shall update the program direction, with opportunity for 

2 public comment, at least every 5 years. 

3 SEC. 12105. RESEARCH, EXPLORATION, EDUCATION, AND 

4 TECHNOLOGY PROGRAMS. 

5 (a) IN GENERAL.—The following research, exploration, 

6 education, and technology programs shall be conducted 

7 through the network of regional centers and the National 

8 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 to 

12 support the National Oceanic and Atmospheric Ad13 ministration’s research mission and programs. 

14 (3) Undersea science-based education and out15 reach programs to enrich ocean science education and 

16 public awareness of the oceans and Great Lakes. 

17 (4) Development, testing, and transition of ad18 vanced undersea technology associated with ocean ob19 servatories, submersibles, advanced diving tech20 nologies, remotely operated vehicles, autonomous un21 derwater vehicles, and new sampling and sensing 

22 technologies. 

23 (5) Discovery, study, and development of natural 

24 resources and products from ocean, coastal, and 

25 aquatic systems. 
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1 (b) OPERATIONS.—The Director of the program, 

2 through operation of the extramural regional centers and 

3 the National Institute for Undersea Science and Tech4 nology, shall leverage partnerships and cooperative research 

5 with academia and private industry. 

6 SEC. 12106. COMPETITIVENESS. 

7 (a) DISCRETIONARY FUND.—The Program shall allo8 cate no more than 10 percent of its annual budget to a dis9 cretionary fund that may be used only for program admin10 istration and priority undersea research projects identified 

11 by the Director but not covered by funding available from 

12 centers. 

13 (b) COMPETITIVE SELECTION.—The Administrator 

14 shall conduct an initial competition to select the regional 

15 centers that will participate in the program 90 days after 

16 the publication of the final program direction under section 

17 12104 and every 5 years thereafter. Funding for projects 

18 conducted through the regional centers shall be awarded 

19 through a competitive, merit-reviewed process on the basis 

20 of their relevance to the goals of the program and their tech21 nical feasibility. 

22 SEC. 12107. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to the Na24 tional Oceanic and Atmospheric Administration— 

25 (1) for fiscal year 2009— 
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1 (A) $13,750,000 for the regional centers, of 

2 which 50 percent shall be for West Coast regional 

3 centers and 50 percent shall be for East Coast re4 gional centers; and 

5 (B) $5,500,000 for the National Technology 

6 Institute; 

7 (2) for fiscal year 2010— 

8 (A) $15,125,000 for the regional centers, of 

9 which 50 percent shall be for West Coast regional 

10 centers and 50 percent shall be for East Coast re11 gional centers; and 

12 (B) $6,050,000 for the National Technology 

13 Institute; 

14 (3) for fiscal year 2011— 

15 (A) $16,638,000 for the regional centers, of 

16 which 50 percent shall be for West Coast regional 

17 centers and 50 percent shall be for East Coast re18 gional centers; and 

19 (B) $6,655,000 for the National Technology 

20 Institute; 

21 (4) for fiscal year 2012— 

22 (A) $18,301,000 for the regional centers, of 

23 which 50 percent shall be for West Coast regional 

24 centers and 50 percent shall be for East Coast re25 gional centers; and 
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1 (B) $7,321,000 for the National Technology 

2 Institute; 

3 (5) for fiscal year 2013— 

4 (A) $20,131,000 for the regional centers, of 

5 which 50 percent shall be for West Coast regional 

6 centers and 50 percent shall be for East Coast re7 gional centers; and 

8 (B) $8,053,000 for the National Technology 

9 Institute; 

10 (6) for fiscal year 2014— 

11 (A) $22,145,000 for the regional centers, of 

12 which 50 percent shall be for West Coast regional 

13 centers and 50 percent shall be for East Coast re14 gional centers; and 

15 (B) $8,859,000 for the National Technology 

16 Institute; and 

17 (7) for fiscal year 2015— 

18 (A) $24,359,000 for the regional centers, of 

19 which 50 percent shall be for West Coast regional 

20 centers and 50 percent shall be for East Coast re21 gional centers; and 

22 (B) $9,744,000 for the National Technology 

23 Institute. 
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1 Subtitle B—Ocean and Coastal 

2 Mapping Integration Act 

3 SEC. 12201. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Ocean and Coastal 

5 Mapping Integration Act’’. 

6 SEC. 12202. ESTABLISHMENT OF PROGRAM. 

7 (a) IN GENERAL.—The President, in coordination 

8 with the Interagency Committee on Ocean and Coastal 

9 Mapping and affected coastal states, shall establish a pro10 gram to develop a coordinated and comprehensive Federal 

11 ocean and coastal mapping plan for the Great Lakes and 

12 coastal state waters, the territorial sea, the exclusive eco13 nomic zone, and the continental shelf of the United States 

14 that enhances ecosystem approaches in decision-making for 

15 conservation and management of marine resources and 

16 habitats, establishes research and mapping priorities, sup17 ports the siting of research and other platforms, and ad18 vances ocean and coastal science. 

19 (b) MEMBERSHIP.—The Committee shall be comprised 

20 of high-level representatives of the Department of Com21 merce, through the National Oceanic and Atmospheric Ad22 ministration, the Department of the Interior, the National 

23 Science Foundation, the Department of Defense, the Envi24 ronmental Protection Agency, the Department of Homeland 

25 Security, the National Aeronautics and Space Administra-
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1 tion, and other appropriate Federal agencies involved in 

2 ocean and coastal mapping. 

3 (c) PROGRAM PARAMETERS.—In developing such a 

4 program, the President, through the Committee, shall— 

5 (1) identify all Federal and federally-funded pro6 grams conducting shoreline delineation and ocean or 

7 coastal mapping, noting geographic coverage, fre8 quency, spatial coverage, resolution, and subject mat9 ter focus of the data and location of data archives; 

10 (2) facilitate cost-effective, cooperative mapping 

11 efforts that incorporate policies for contracting with 

12 non-governmental entities among all Federal agencies 

13 conducting ocean and coastal mapping, by increasing 

14 data sharing, developing appropriate data acquisition 

15 and metadata standards, and facilitating the inter16 operability of in situ data collection systems, data 

17 processing, archiving, and distribution of data prod18 ucts; 

19 (3) facilitate the adaptation of existing tech20 nologies as well as foster expertise in new ocean and 

21 coastal mapping technologies, including through re22 search, development, and training conducted among 

23 Federal agencies and in cooperation with non-govern24 mental entities; 
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1 (4) develop standards and protocols for testing 

2 innovative experimental mapping technologies and 

3 transferring new technologies between the Federal 

4 Government, coastal state, and non-governmental en5 tities; 

6 (5) provide for the archiving, management, and 

7 distribution of data sets through a national registry 

8 as well as provide mapping products and services to 

9 the general public in service of statutory require10 ments; 

11 (6) develop data standards and protocols con12 sistent with standards developed by the Federal Geo13 graphic Data Committee for use by Federal, coastal 

14 state, and other entities in mapping and otherwise 

15 documenting locations of federally permitted activi16 ties, living and nonliving coastal and marine re17 sources, marine ecosystems, sensitive habitats, sub18 merged cultural resources, undersea cables, offshore 

19 aquaculture projects, offshore energy projects, and any 

20 areas designated for purposes of environmental pro21 tection or conservation and management of living and 

22 nonliving coastal and marine resources; 

23 (7) identify the procedures to be used for coordi24 nating the collection and integration of Federal ocean 
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1 and coastal mapping data with coastal state and 

2 local government programs; 

3 (8) facilitate, to the extent practicable, the collec4 tion of real-time tide data and the development of hy5 drodynamic models for coastal areas to allow for the 

6 application of V-datum tools that will facilitate the 

7 seamless integration of onshore and offshore maps and 

8 charts; 

9 (9) establish a plan for the acquisition and col10 lection of ocean and coastal mapping data; and 

11 (10) set forth a timetable for completion and im12 plementation of the plan. 

13 SEC. 12203. INTERAGENCY COMMITTEE ON OCEAN AND 

14 COASTAL MAPPING. 

15 (a) IN GENERAL.—The Administrator of the National 

16 Oceanic and Atmospheric Administration, within 30 days 

17 after the date of enactment of this Act, shall convene or uti18 lize an existing interagency committee on ocean and coastal 

19 mapping to implement section 12202. 

20 (b) MEMBERSHIP.—The committee shall be comprised 

21 of senior representatives from Federal agencies with ocean 

22 and coastal mapping and surveying responsibilities. The 

23 representatives shall be high-ranking officials of their re24 spective agencies or departments and, whenever possible, the 

25 head of the portion of the agency or department that is most 
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1 relevant to the purposes of this subtitle. Membership shall 

2 include senior representatives from the National Oceanic 

3 and Atmospheric Administration, the Chief of Naval Oper4 ations, the United States Geological Survey, the Minerals 

5 Management Service, the National Science Foundation, the 

6 National Geospatial-Intelligence Agency, the United States 

7 Army Corps of Engineers, the Coast Guard, the Environ8 mental Protection Agency, the Federal Emergency Manage9 ment Agency, the National Aeronautics and Space Admin10 istration, and other appropriate Federal agencies involved 

11 in ocean and coastal mapping. 

12 (c) CO-CHAIRMEN.—The Committee shall be co-chaired 

13 by the representative of the Department of Commerce and 

14 a representative of the Department of the Interior. 

15 (d) SUBCOMMITTEE.—The co-chairmen shall establish 

16 a subcommittee to carry out the day-to-day work of the 

17 Committee, comprised of senior representatives of any mem18 ber agency of the committee. Working groups may be formed 

19 by the full Committee to address issues of short duration. 

20 The subcommittee shall be chaired by the representative 

21 from the National Oceanic and Atmospheric Administra22 tion. The chairmen of the Committee may create such addi23 tional subcommittees and working groups as may be needed 

24 to carry out the work of Committee. 
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1 (e) MEETINGS.—The committee shall meet on a quar2 terly basis, but each subcommittee and each working group 

3 shall meet on an as-needed basis. 

4 (f) COORDINATION.—The committee shall coordinate 

5 activities when appropriate, with— 

6 (1) other Federal efforts, including the Digital 

7 Coast, Geospatial One-Stop, and the Federal Geo8 graphic Data Committee; 

9 (2) international mapping activities; 

10 (3) coastal states; 

11 (4) user groups through workshops and other ap12 propriate mechanisms; and 

13 (5) representatives of nongovernmental entities. 

14 (g) ADVISORY PANEL.—The Administrator may con15 vene an ocean and coastal mapping advisory panel con16 sisting of representatives from non-governmental entities to 

17 provide input regarding activities of the committee in con18 sultation with the interagency committee. 

19 SEC. 12204. BIENNIAL REPORTS. 

20 No later than 18 months after the date of enactment 

21 of this Act, and biennially thereafter, the co-chairmen of 

22 the Committee shall transmit to the Committees on Com23 merce, Science, and Transportation and Energy and Nat24 ural Resources of the Senate and the Committee on Natural 
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1 Resources of the House of Representatives a report detailing 

2 progress made in implementing this subtitle, including— 

3 (1) an inventory of ocean and coastal mapping 

4 data within the territorial sea and the exclusive eco5 nomic zone and throughout the Continental Shelf of 

6 the United States, noting the age and source of the 

7 survey and the spatial resolution (metadata) of the 

8 data; 

9 (2) identification of priority areas in need of 

10 survey coverage using present technologies; 

11 (3) a resource plan that identifies when priority 

12 areas in need of modern ocean and coastal mapping 

13 surveys can be accomplished; 

14 (4) the status of efforts to produce integrated dig15 ital maps of ocean and coastal areas; 

16 (5) a description of any products resulting from 

17 coordinated mapping efforts under this subtitle that 

18 improve public understanding of the coasts and 

19 oceans, or regulatory decisionmaking; 

20 (6) documentation of minimum and desired 

21 standards for data acquisition and integrated 

22 metadata; 

23 (7) a statement of the status of Federal efforts to 

24 leverage mapping technologies, coordinate mapping 

25 activities, share expertise, and exchange data; 
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1 (8) a statement of resource requirements for or2 ganizations to meet the goals of the program, includ3 ing technology needs for data acquisition, processing, 

4 and distribution systems; 

5 (9) a statement of the status of efforts to declas6 sify data gathered by the Navy, the National 

7 Geospatial-Intelligence Agency, and other agencies to 

8 the extent possible without jeopardizing national secu9 rity, and make it available to partner agencies and 

10 the public; 

11 (10) a resource plan for a digital coast inte12 grated mapping pilot project for the northern Gulf of 

13 Mexico that will— 

14 (A) cover the area from the authorized 

15 coastal counties through the territorial sea; 

16 (B) identify how such a pilot project will le17 verage public and private mapping data and re18 sources, such as the United States Geological 

19 Survey National Map, to result in an oper20 ational coastal change assessment program for 

21 the subregion; 

22 (11) the status of efforts to coordinate Federal 

23 programs with coastal state and local government 

24 programs and leverage those programs; 
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1 (12) a description of efforts of Federal agencies 

2 to increase contracting with nongovernmental entities; 

3 and 

4 (13) an inventory and description of any new 

5 Federal or federally funded programs conducting 

6 shoreline delineation and ocean or coastal mapping 

7 since the previous reporting cycle. 

8 SEC. 12205. PLAN. 

9 (a) IN GENERAL.—Not later than 6 months after the 

10 date of enactment of this Act, the Administrator, in con11 sultation with the Committee, shall develop and submit to 

12 the Congress a plan for an integrated ocean and coastal 

13 mapping initiative within the National Oceanic and At14 mospheric Administration. 

15 (b) PLAN REQUIREMENTS.—The plan shall— 

16 (1) identify and describe all ocean and coastal 

17 mapping programs within the agency, including those 

18 that conduct mapping or related activities in the 

19 course of existing missions, such as hydrographic sur20 veys, ocean exploration projects, living marine re21 source conservation and management programs, 

22 coastal zone management projects, and ocean and 

23 coastal observations and science projects; 

24 (2) establish priority mapping programs and es25 tablish and periodically update priorities for geo-
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1 graphic areas in surveying and mapping across all 

2 missions of the National Oceanic and Atmospheric 

3 Administration, as well as minimum data acquisition 

4 and metadata standards for those programs; 

5 (3) encourage the development of innovative 

6 ocean and coastal mapping technologies and applica7 tions, through research and development through co8 operative or other agreements with joint or coopera9 tive research institutes or centers and with other non10 governmental entities; 

11 (4) document available and developing tech12 nologies, best practices in data processing and dis13 tribution, and leveraging opportunities with other 

14 Federal agencies, coastal states, and non-govern15 mental entities; 

16 (5) identify training, technology, and other re17 source requirements for enabling the National Oceanic 

18 and Atmospheric Administration’s programs, vessels, 

19 and aircraft to support a coordinated ocean and 

20 coastal mapping program; 

21 (6) identify a centralized mechanism or office for 

22 coordinating data collection, processing, archiving, 

23 and dissemination activities of all such mapping pro24 grams within the National Oceanic and Atmospheric 

25 Administration that meets Federal mandates for data 
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1 accuracy and accessibility and designate a repository 

2 that is responsible for archiving and managing the 

3 distribution of all ocean and coastal mapping data to 

4 simplify the provision of services to benefit Federal 

5 and coastal state programs; and 

6 (7) set forth a timetable for implementation and 

7 completion of the plan, including a schedule for sub8 mission to the Congress of periodic progress reports 

9 and recommendations for integrating approaches de10 veloped under the initiative into the interagency pro11 gram. 

12 (c) NOAA JOINT OCEAN AND COASTAL MAPPING CEN13 TERS.—The Administrator may maintain and operate up 

14 to 3 joint ocean and coastal mapping centers, including a 

15 joint hydrographic center, which shall each be co-located 

16 with an institution of higher education. The centers shall 

17 serve as hydrographic centers of excellence and may conduct 

18 activities necessary to carry out the purposes of this subtitle, 

19 including— 

20 (1) research and development of innovative ocean 

21 and coastal mapping technologies, equipment, and 

22 data products; 

23 (2) mapping of the United States Outer Conti24 nental Shelf and other regions; 
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1 (3) data processing for nontraditional data and 

2 uses; 

3 (4) advancing the use of remote sensing tech4 nologies, for related issues, including mapping and 

5 assessment of essential fish habitat and of coral re6 sources, ocean observations, and ocean exploration; 

7 and 

8 (5) providing graduate education and training 

9 in ocean and coastal mapping sciences for members 

10 of the National Oceanic and Atmospheric Administra11 tion Commissioned Officer Corps, personnel of other 

12 agencies with ocean and coastal mapping programs, 

13 and civilian personnel. 

14 (d) NOAA REPORT.—The Administrator shall con15 tinue developing a strategy for expanding contracting with 

16 non-governmental entities to minimize duplication and 

17 take maximum advantage of nongovernmental capabilities 

18 in fulfilling the Administration’s mapping and charting re19 sponsibilities. Within 120 days after the date of enactment 

20 of this Act, the Administrator shall transmit a report de21 scribing the strategy developed under this subsection to the 

22 Committee on Commerce, Science, and Transportation of 

23 the Senate and the Committee on Natural Resources of the 

24 House of Representatives. 
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1 SEC. 12206. EFFECT ON OTHER LAWS. 

2 Nothing in this subtitle shall be construed to supersede 

3 or alter the existing authorities of any Federal agency with 

4 respect to ocean and coastal mapping. 

5 SEC. 12207. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—In addition to the amounts author7 ized by section 306 of the Hydrographic Services Improve8 ment Act of 1998 (33 U.S.C. 892d), there are authorized 

9 to be appropriated to the Administrator to carry out this 

10 subtitle— 

11 (1) $26,000,000 for fiscal year 2009; 

12 (2) $32,000,000 for fiscal year 2010; 

13 (3) $38,000,000 for fiscal year 2011; and 

14 (4) $45,000,000 for each of fiscal years 2012 

15 through 2015. 

16 (b) JOINT OCEAN AND COASTAL MAPPING CENTERS.— 

17 Of the amounts appropriated pursuant to subsection (a), 

18 the following amounts shall be used to carry out section 

19 12205(c) of this subtitle: 

20 (1) $11,000,000 for fiscal year 2009. 

21 (2) $12,000,000 for fiscal year 2010. 

22 (3) $13,000,000 for fiscal year 2011. 

23 (4) $15,000,000 for each of fiscal years 2012 

24 through 2015. 

25 (c) COOPERATIVE AGREEMENTS.—To carry out inter26 agency activities under section 12203 of this subtitle, the 
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1 head of any department or agency may execute a coopera2 tive agreement with the Administrator, including those au3 thorized by section 5 of the Act of August 6, 1947 (33 U.S.C. 

4 883e). 

5 SEC. 12208. DEFINITIONS. 

6 In this subtitle: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’ ’’ means the Administrator of the National 

9 Oceanic and Atmospheric Administration. 

10 (2) COASTAL STATE.—The term ‘‘coastal state’’ 

11 has the meaning given that term by section 304(4) of 

12 the Coastal Zone Management Act of 1972 (16 U.S.C. 

13 1453(4). 

14 (3) COMMITTEE.—The term ‘‘Committee’’ means 

15 the Interagency Ocean and Coastal Mapping Com16 mittee established by section 12203. 

17 (4) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘ex18 clusive economic zone’’ means the exclusive economic 

19 zone of the United States established by Presidential 

20 Proclamation No. 5030, of March 10, 1983. 

21 (5) OCEAN AND COASTAL MAPPING.—The term 

22 ‘‘ocean and coastal mapping’’ means the acquisition, 

23 processing, and management of physical, biological, 

24 geological, chemical, and archaeological characteris25 tics and boundaries of ocean and coastal areas, re-
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1 sources, and sea beds through the use of acoustics, sat2 ellites, aerial photogrammetry, light and imaging, di3 rect sampling, and other mapping technologies. 

4 (6) TERRITORIAL SEA.—The term ‘‘territorial 

5 sea’’ means the belt of sea measured from the baseline 

6 of the United States determined in accordance with 

7 international law, as set forth in Presidential Procla8 mation Number 5928, dated December 27, 1988. 

9 (7) NONGOVERNMENTAL ENTITIES.—The term 

10 ‘‘nongovernmental entities’’ includes nongovernmental 

11 organizations, members of the academic community, 

12 and private sector organizations that provide prod13 ucts and services associated with measuring, locating, 

14 and preparing maps, charts, surveys, aerial photo15 graphs, satellite imagines, or other graphical or dig16 ital presentations depicting natural or manmade 

17 physical features, phenomena, and legal boundaries of 

18 the Earth. 

19 (8) OUTER CONTINENTAL SHELF.—The term 

20 ‘‘Outer Continental Shelf’’ means all submerged lands 

21 lying seaward and outside of lands beneath navigable 

22 waters (as that term is defined in section 2 of the 

23 Submerged Lands Act (43 U.S.C. 1301)), and of 

24 which the subsoil and seabed appertain to the United 

25 States and are subject to its jurisdiction and control. 
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1 Subtitle C—Integrated Coastal and 

2 Ocean Observation System Act of 

3 2009 

4 SEC. 12301. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Integrated Coastal 

6 and Ocean Observation System Act of 2009’’. 

7 SEC. 12302. PURPOSES. 

8 The purposes of this subtitle are to— 

9 (1) establish a national integrated System of 

10 ocean, coastal, and Great Lakes observing systems, 

11 comprised of Federal and non-Federal components co12 ordinated at the national level by the National Ocean 

13 Research Leadership Council and at the regional level 

14 by a network of regional information coordination en15 tities, and that includes in situ, remote, and other 

16 coastal and ocean observation, technologies, and data 

17 management and communication systems, and is de18 signed to address regional and national needs for 

19 ocean information, to gather specific data on key 

20 coastal, ocean, and Great Lakes variables, and to en21 sure timely and sustained dissemination and avail22 ability of these data to— 

23 (A) support national defense, marine com24 merce, navigation safety, weather, climate, and 

25 marine forecasting, energy siting and produc-
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1 tion, economic development, ecosystem-based ma2 rine, coastal, and Great Lakes resource manage3 ment, public safety, and public outreach training 

4 and education; 

5 (B) promote greater public awareness and 

6 stewardship of the Nation’s ocean, coastal, and 

7 Great Lakes resources and the general public 

8 welfare; and 

9 (C) enable advances in scientific under10 standing to support the sustainable use, con11 servation, management, and understanding of 

12 healthy ocean, coastal, and Great Lakes re13 sources; 

14 (2) improve the Nation’s capability to measure, 

15 track, explain, and predict events related directly and 

16 indirectly to weather and climate change, natural cli17 mate variability, and interactions between the oceanic 

18 and atmospheric environments, including the Great 

19 Lakes; and 

20 (3) authorize activities to promote basic and ap21 plied research to develop, test, and deploy innovations 

22 and improvements in coastal and ocean observation 

23 technologies, modeling systems, and other scientific 

24 and technological capabilities to improve our concep25 tual understanding of weather and climate, ocean-at-
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1 mosphere dynamics, global climate change, physical, 

2 chemical, and biological dynamics of the ocean, coast3 al and Great Lakes environments, and to conserve 

4 healthy and restore degraded coastal ecosystems. 

5 SEC. 12303. DEFINITIONS. 

6 In this subtitle: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Under Secretary of Commerce for 

9 Oceans and Atmosphere in the Under Secretary’s ca10 pacity as Administrator of the National Oceanic and 

11 Atmospheric Administration. 

12 (2) COUNCIL.—The term ‘‘Council’’ means the 

13 National Ocean Research Leadership Council estab14 lished by section 7902 of title 10, United States Code. 

15 (3) FEDERAL ASSETS.—The term ‘‘Federal as16 sets’’ means all relevant non-classified civilian coastal 

17 and ocean observations, technologies, and related mod18 eling, research, data management, basic and applied 

19 technology research and development, and public edu20 cation and outreach programs, that are managed by 

21 member agencies of the Council. 

22 (4) INTERAGENCY OCEAN OBSERVATION COM23 MITTEE.—The term ‘‘Interagency Ocean Observation 

24 Committee’’ means the committee established under 

25 section 12304(c)(2). 
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1 (5) NON-FEDERAL ASSETS.—The term ‘‘non-Fed2 eral assets’’ means all relevant coastal and ocean ob3 servation technologies, related basic and applied tech4 nology research and development, and public edu5 cation and outreach programs that are integrated 

6 into the System and are managed through States, re7 gional organizations, universities, nongovernmental 

8 organizations, or the private sector. 

9 (6) REGIONAL INFORMATION COORDINATION EN10 TITIES.— 

11 (A) IN GENERAL.—The term ‘‘regional in12 formation coordination entity’’ means an orga13 nizational body that is certified or established by 

14 contract or memorandum by the lead Federal 

15 agency designated in section 12304(c)(3) of this 

16 subtitle and coordinates State, Federal, local, 

17 and private interests at a regional level with the 

18 responsibility of engaging the private and public 

19 sectors in designing, operating, and improving 

20 regional coastal and ocean observing systems in 

21 order to ensure the provision of data and infor22 mation that meet the needs of user groups from 

23 the respective regions. 

24 (B) CERTAIN INCLUDED ASSOCIATIONS.— 

25 The term ‘‘regional information coordination en-
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1 tity’’ includes regional associations described in 

2 the System Plan. 

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

4 the Secretary of Commerce, acting through the Na5 tional Oceanic and Atmospheric Administration. 

6 (8) SYSTEM.—The term ‘‘System’’ means the Na7 tional Integrated Coastal and Ocean Observation Sys8 tem established under section 12304. 

9 (9) SYSTEM PLAN.—The term ‘‘System Plan’’ 

10 means the plan contained in the document entitled 

11 ‘‘Ocean. US Publication No. 9, The First Integrated 

12 Ocean Observing System (IOOS) Development Plan’’, 

13 as updated by the Council under this subtitle. 

14 SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVING 

15 SYSTEM. 

16 (a) ESTABLISHMENT.—The President, acting through 

17 the Council, shall establish a National Integrated Coastal 

18 and Ocean Observation System to fulfill the purposes set 

19 forth in section 12302 of this subtitle and the System Plan 

20 and to fulfill the Nation’s international obligations to con21 tribute to the Global Earth Observation System of Systems 

22 and the Global Ocean Observing System. 

23 (b) SYSTEM ELEMENTS.— 
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1 (1) IN GENERAL.—In order to fulfill the purposes 

2 of this subtitle, the System shall be national in scope 

3 and consist of— 

4 (A) Federal assets to fulfill national and 

5 international observation missions and prior6 ities; 

7 (B) non-Federal assets, including a network 

8 of regional information coordination entities 

9 identified under subsection (c)(4), to fulfill re10 gional observation missions and priorities; 

11 (C) data management, communication, and 

12 modeling systems for the timely integration and 

13 dissemination of data and information products 

14 from the System; 

15 (D) a research and development program 

16 conducted under the guidance of the Council, 

17 consisting of— 

18 (i) basic and applied research and 

19 technology development to improve under20 standing of coastal and ocean systems and 

21 their relationships to human activities and 

22 to ensure improvement of operational assets 

23 and products, including related infrastruc24 ture, observing technologies, and informa-
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1 tion and data processing and management 

2 technologies; and 

3 (ii) large scale computing resources 

4 and research to advance modeling of coastal 

5 and ocean processes. 

6 (2) ENHANCING ADMINISTRATION AND MANAGE7 MENT.—The head of each Federal agency that has ad8 ministrative jurisdiction over a Federal asset shall 

9 support the purposes of this subtitle and may take ap10 propriate actions to enhance internal agency admin11 istration and management to better support, inte12 grate, finance, and utilize observation data, products, 

13 and services developed under this section to further its 

14 own agency mission and responsibilities. 

15 (3) AVAILABILITY OF DATA.—The head of each 

16 Federal agency that has administrative jurisdiction 

17 over a Federal asset shall make available data that 

18 are produced by that asset and that are not otherwise 

19 restricted for integration, management, and dissemi20 nation by the System. 

21 (4) NON-FEDERAL ASSETS.—Non-Federal assets 

22 shall be coordinated, as appropriate, by the Inter23 agency Ocean Observing Committee or by regional in24 formation coordination entities. 
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1 (c) POLICY OVERSIGHT, ADMINISTRATION, AND RE2 GIONAL COORDINATION.— 

3 (1) COUNCIL FUNCTIONS.—The Council shall 

4 serve as the policy and coordination oversight body 

5 for all aspects of the System. In carrying out its re6 sponsibilities under this subtitle, the Council shall— 

7 (A) approve and adopt comprehensive Sys8 tem budgets developed and maintained by the 

9 Interagency Ocean Observation Committee to 

10 support System operations, including operations 

11 of both Federal and non-Federal assets; 

12 (B) ensure coordination of the System with 

13 other domestic and international earth observing 

14 activities including the Global Ocean Observing 

15 System and the Global Earth Observing System 

16 of Systems, and provide, as appropriate, support 

17 for and representation on United States delega18 tions to international meetings on coastal and 

19 ocean observing programs; and 

20 (C) encourage coordinated intramural and 

21 extramural research and technology development, 

22 and a process to transition developing technology 

23 and methods into operations of the System. 

24 (2) INTERAGENCY OCEAN OBSERVATION COM25 MITTEE.—The Council shall establish or designate an 
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1 Interagency Ocean Observation Committee which 

2 shall— 

3 (A) prepare annual and long-term plans for 

4 consideration and approval by the Council for 

5 the integrated design, operation, maintenance, 

6 enhancement and expansion of the System to 

7 meet the objectives of this subtitle and the System 

8 Plan; 

9 (B) develop and transmit to Congress at the 

10 time of submission of the President’s annual 

11 budget request an annual coordinated, com12 prehensive budget to operate all elements of the 

13 System identified in subsection (b), and to en14 sure continuity of data streams from Federal 

15 and non-Federal assets; 

16 (C) establish required observation data vari17 ables to be gathered by both Federal and non18 Federal assets and identify, in consultation with 

19 regional information coordination entities, pri20 orities for System observations; 

21 (D) establish protocols and standards for 

22 System data processing, management, and com23 munication; 

24 (E) develop contract certification standards 

25 and compliance procedures for all non-Federal 
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† HR 146 EAS 

1 assets, including regional information coordina2 tion entities, to establish eligibility for integra3 tion into the System and to ensure compliance 

4 with all applicable standards and protocols es5 tablished by the Council, and ensure that re6 gional observations are integrated into the Sys7 tem on a sustained basis; 

8 (F) identify gaps in observation coverage or 

9 needs for capital improvements of both Federal 

10 assets and non-Federal assets; 

11 (G) subject to the availability of appropria12 tions, establish through one or more partici13 pating Federal agencies, in consultation with the 

14 System advisory committee established under 

15 subsection (d), a competitive matching grant or 

16 other programs— 

17 (i) to promote intramural and extra18 mural research and development of new, in19 novative, and emerging observation tech20 nologies including testing and field trials; 

21 and 

22 (ii) to facilitate the migration of new, 

23 innovative, and emerging scientific and 

24 technological advances from research and 

25 development to operational deployment; 
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1 (H) periodically review and recommend to 

2 the Council, in consultation with the Adminis3 trator, revisions to the System Plan; 

4 (I) ensure collaboration among Federal 

5 agencies participating in the activities of the 

6 Committee; and 

7 (J) perform such additional duties as the 

8 Council may delegate. 

9 (3) LEAD FEDERAL AGENCY.—The National Oce10 anic and Atmospheric Administration shall function 

11 as the lead Federal agency for the implementation 

12 and administration of the System, in consultation 

13 with the Council, the Interagency Ocean Observation 

14 Committee, other Federal agencies that maintain por15 tions of the System, and the regional information co16 ordination entities, and shall— 

17 (A) establish an Integrated Ocean Observing 

18 Program Office within the National Oceanic and 

19 Atmospheric Administration utilizing to the ex20 tent necessary, personnel from member agencies 

21 participating on the Interagency Ocean Observa22 tion Committee, to oversee daily operations and 

23 coordination of the System; 
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1 (B) implement policies, protocols, and 

2 standards approved by the Council and delegated 

3 by the Interagency Ocean Observing Committee; 

4 (C) promulgate program guidelines to cer5 tify and integrate non-Federal assets, including 

6 regional information coordination entities, into 

7 the System to provide regional coastal and ocean 

8 observation data that meet the needs of user 

9 groups from the respective regions; 

10 (D) have the authority to enter into and 

11 oversee contracts, leases, grants or cooperative 

12 agreements with non-Federal assets, including 

13 regional information coordination entities, to 

14 support the purposes of this subtitle on such 

15 terms as the Administrator deems appropriate; 

16 (E) implement a merit-based, competitive 

17 funding process to support non-Federal assets, 

18 including the development and maintenance of a 

19 network of regional information coordination en20 tities, and develop and implement a process for 

21 the periodic review and evaluation of all non22 Federal assets, including regional information 

23 coordination entities; 

24 (F) provide opportunities for competitive 

25 contracts and grants for demonstration projects 
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1 to design, develop, integrate, deploy, and support 

2 components of the System; 

3 (G) establish efficient and effective adminis4 trative procedures for allocation of funds among 

5 contractors, grantees, and non-Federal assets, in6 cluding regional information coordination enti7 ties in a timely manner, and contingent on ap8 propriations according to the budget adopted by 

9 the Council; 

10 (H) develop and implement a process for 

11 the periodic review and evaluation of regional 

12 information coordination entities; 

13 (I) formulate an annual process by which 

14 gaps in observation coverage or needs for capital 

15 improvements of Federal assets and non-Federal 

16 assets of the System are identified by the re17 gional information coordination entities, the Ad18 ministrator, or other members of the System and 

19 transmitted to the Interagency Ocean Observing 

20 Committee; 

21 (J) develop and be responsible for a data 

22 management and communication system, in ac23 cordance with standards and protocols estab24 lished by the Council, by which all data collected 

25 by the System regarding ocean and coastal 
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1 waters of the United States including the Great 

2 Lakes, are processed, stored, integrated, and 

3 made available to all end-user communities; 

4 (K) implement a program of public edu5 cation and outreach to improve public awareness 

6 of global climate change and effects on the ocean, 

7 coastal, and Great Lakes environment; 

8 (L) report annually to the Interagency 

9 Ocean Observing Committee on the accomplish10 ments, operational needs, and performance of the 

11 System to contribute to the annual and long12 term plans developed pursuant to subsection 

13 (c)(2)(A)(i); and 

14 (M) develop a plan to efficiently integrate 

15 into the System new, innovative, or emerging 

16 technologies that have been demonstrated to be 

17 useful to the System and which will fulfill the 

18 purposes of this subtitle and the System Plan. 

19 (4) REGIONAL INFORMATION COORDINATION EN20 TITIES.— 

21 (A) IN GENERAL.—To be certified or estab22 lished under this subtitle, a regional information 

23 coordination entity shall be certified or estab24 lished by contract or agreement by the Adminis25 trator, and shall agree to meet the certification 
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1 standards and compliance procedure guidelines 

2 issued by the Administrator and information 

3 needs of user groups in the region while adhering 

4 to national standards and shall— 

5 (i) demonstrate an organizational 

6 structure capable of gathering required Sys7 tem observation data, supporting and inte8 grating all aspects of coastal and ocean ob9 serving and information programs within a 

10 region and that reflects the needs of State 

11 and local governments, commercial inter12 ests, and other users and beneficiaries of the 

13 System and other requirements specified 

14 under this subtitle and the System Plan; 

15 (ii) identify gaps in observation cov16 erage needs for capital improvements of 

17 Federal assets and non-Federal assets of the 

18 System, or other recommendations to assist 

19 in the development of the annual and long20 term plans created pursuant to subsection 

21 (c)(2)(A)(i) and transmit such information 

22 to the Interagency Ocean Observing Com23 mittee via the Program Office; 

24 (iii) develop and operate under a stra25 tegic operational plan that will ensure the 
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1 efficient and effective administration of pro2 grams and assets to support daily data ob3 servations for integration into the System, 

4 pursuant to the standards approved by the 

5 Council; 

6 (iv) work cooperatively with govern7 mental and non-governmental entities at all 

8 levels to identify and provide information 

9 products of the System for multiple users 

10 within the service area of the regional infor11 mation coordination entities; and 

12 (v) comply with all financial oversight 

13 requirements established by the Adminis14 trator, including requirements relating to 

15 audits. 

16 (B) PARTICIPATION.—For the purposes of 

17 this subtitle, employees of Federal agencies may 

18 participate in the functions of the regional infor19 mation coordination entities. 

20 (d) SYSTEM ADVISORY COMMITTEE.— 

21 (1) IN GENERAL.—The Administrator shall es22 tablish or designate a System advisory committee, 

23 which shall provide advice as may be requested by the 

24 Administrator or the Interagency Ocean Observing 

25 Committee. 
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1 (2) PURPOSE.—The purpose of the System advi2 sory committee is to advise the Administrator and the 

3 Interagency Ocean Observing Committee on— 

4 (A) administration, operation, manage5 ment, and maintenance of the System, including 

6 integration of Federal and non-Federal assets 

7 and data management and communication as8 pects of the System, and fulfillment of the pur9 poses set forth in section 12302; 

10 (B) expansion and periodic modernization 

11 and upgrade of technology components of the 

12 System; 

13 (C) identification of end-user communities, 

14 their needs for information provided by the Sys15 tem, and the System’s effectiveness in dissemi16 nating information to end-user communities and 

17 the general public; and 

18 (D) any other purpose identified by the Ad19 ministrator or the Interagency Ocean Observing 

20 Committee. 

21 (3) MEMBERS.— 

22 (A) IN GENERAL.—The System advisory 

23 committee shall be composed of members ap24 pointed by the Administrator. Members shall be 

25 qualified by education, training, and experience 
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1 to evaluate scientific and technical information 

2 related to the design, operation, maintenance, or 

3 use of the System, or use of data products pro4 vided through the System. 

5 (B) TERMS OF SERVICE.—Members shall be 

6 appointed for 3-year terms, renewable once. A 

7 vacancy appointment shall be for the remainder 

8 of the unexpired term of the vacancy, and an in9 dividual so appointed may subsequently be ap10 pointed for 2 full 3-year terms if the remainder 

11 of the unexpired term is less than 1 year. 

12 (C) CHAIRPERSON.—The Administrator 

13 shall designate a chairperson from among the 

14 members of the System advisory committee. 

15 (D) APPOINTMENT.—Members of the System 

16 advisory committee shall be appointed as special 

17 Government employees for purposes of section 

18 202(a) of title 18, United States Code. 

19 (4) ADMINISTRATIVE PROVISIONS.— 

20 (A) REPORTING.—The System advisory 

21 committee shall report to the Administrator and 

22 the Interagency Ocean Observing Committee, as 

23 appropriate. 
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1 (B) ADMINISTRATIVE SUPPORT.—The Ad2 ministrator shall provide administrative support 

3 to the System advisory committee. 

4 (C) MEETINGS.—The System advisory com5 mittee shall meet at least once each year, and at 

6 other times at the call of the Administrator, the 

7 Interagency Ocean Observing Committee, or the 

8 chairperson. 

9 (D) COMPENSATION AND EXPENSES.—Mem10 bers of the System advisory committee shall not 

11 be compensated for service on that Committee, 

12 but may be allowed travel expenses, including 

13 per diem in lieu of subsistence, in accordance 

14 with subchapter I of chapter 57 of title 5, United 

15 States Code. 

16 (E) EXPIRATION.—Section 14 of the Federal 

17 Advisory Committee Act (5 U.S.C. App.) shall 

18 not apply to the System advisory committee. 

19 (e) CIVIL LIABILITY.—For purposes of determining li20 ability arising from the dissemination and use of observa21 tion data gathered pursuant to this section, any non-Fed22 eral asset or regional information coordination entity in23 corporated into the System by contract, lease, grant, or co24 operative agreement under subsection (c)(3)(D) that is par25 ticipating in the System shall be considered to be part of 
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1 the National Oceanic and Atmospheric Administration. 

2 Any employee of such a non-Federal asset or regional infor3 mation coordination entity, while operating within the 

4 scope of his or her employment in carrying out the purposes 

5 of this subtitle, with respect to tort liability, is deemed to 

6 be an employee of the Federal Government. 

7 (f) LIMITATION.—Nothing in this subtitle shall be con8 strued to invalidate existing certifications, contracts, or 

9 agreements between regional information coordination enti10 ties and other elements of the System. 

11 SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS. 

12 (a) IN GENERAL.—To carry out interagency activities 

13 under this subtitle, the Secretary of Commerce may execute 

14 cooperative agreements, or any other agreements, with, and 

15 receive and expend funds made available by, any State or 

16 subdivision thereof, any Federal agency, or any public or 

17 private organization, or individual. 

18 (b) RECIPROCITY.—Member Departments and agencies 

19 of the Council shall have the authority to create, support, 

20 and maintain joint centers, and to enter into and perform 

21 such contracts, leases, grants, and cooperative agreements 

22 as may be necessary to carry out the purposes of this sub23 title and fulfillment of the System Plan. 
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1 SEC. 12306. APPLICATION WITH OTHER LAWS. 

2 Nothing in this subtitle supersedes or limits the au3 thority of any agency to carry out its responsibilities and 

4 missions under other laws. 

5 SEC. 12307. REPORT TO CONGRESS. 

6 (a) REQUIREMENT.—Not later than 2 years after the 

7 date of the enactment of this Act and every 2 years there8 after, the Administrator shall prepare and the President 

9 acting through the Council shall approve and transmit to 

10 the Congress a report on progress made in implementing 

11 this subtitle. 

12 (b) CONTENTS.—The report shall include— 

13 (1) a description of activities carried out under 

14 this subtitle and the System Plan; 

15 (2) an evaluation of the effectiveness of the Sys16 tem, including an evaluation of progress made by the 

17 Council to achieve the goals identified under the Sys18 tem Plan; 

19 (3) identification of Federal and non-Federal as20 sets as determined by the Council that have been inte21 grated into the System, including assets essential to 

22 the gathering of required observation data variables 

23 necessary to meet the respective missions of Council 

24 agencies; 

25 (4) a review of procurements, planned or initi26 ated, by each Council agency to enhance, expand, or 
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1 modernize the observation capabilities and data prod2 ucts provided by the System, including data manage3 ment and communication subsystems; 

4 (5) an assessment regarding activities to inte5 grate Federal and non-Federal assets, nationally and 

6 on the regional level, and discussion of the perform7 ance and effectiveness of regional information coordi8 nation entities to coordinate regional observation op9 erations; 

10 (6) a description of benefits of the program to 

11 users of data products resulting from the System (in12 cluding the general public, industries, scientists, re13 source managers, emergency responders, policy mak14 ers, and educators); 

15 (7) recommendations concerning— 

16 (A) modifications to the System; and 

17 (B) funding levels for the System in subse18 quent fiscal years; and 

19 (8) the results of a periodic external independent 

20 programmatic audit of the System. 

21 SEC. 12308. PUBLIC-PRIVATE USE POLICY. 

22 The Council shall develop a policy within 6 months 

23 after the date of the enactment of this Act that defines proc24 esses for making decisions about the roles of the Federal 

25 Government, the States, regional information coordination 
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1 entities, the academic community, and the private sector 

2 in providing to end-user communities environmental infor3 mation, products, technologies, and services related to the 

4 System. The Council shall publish the policy in the Federal 

5 Register for public comment for a period not less than 60 

6 days. Nothing in this section shall be construed to require 

7 changes in policy in effect on the date of enactment of this 

8 Act. 

9 SEC. 12309. INDEPENDENT COST ESTIMATE. 

10 Within 1 year after the date of enactment of this Act, 

11 the Interagency Ocean Observation Committee, through the 

12 Administrator and the Director of the National Science 

13 Foundation, shall obtain an independent cost estimate for 

14 operations and maintenance of existing Federal assets of 

15 the System, and planned or anticipated acquisition, oper16 ation, and maintenance of new Federal assets for the Sys17 tem, including operation facilities, observation equipment, 

18 modeling and software, data management and communica19 tion, and other essential components. The independent cost 

20 estimate shall be transmitted unabridged and without revi21 sion by the Administrator to Congress. 

22 SEC. 12310. INTENT OF CONGRESS. 

23 It is the intent of Congress that funding provided to 

24 agencies of the Council to implement this subtitle shall sup25 plement, and not replace, existing sources of funding for 
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1 other programs. It is the further intent of Congress that 

2 agencies of the Council shall not enter into contracts or 

3 agreements for the development or procurement of new Fed4 eral assets for the System that are estimated to be in excess 

5 of $250,000,000 in life-cycle costs without first providing 

6 adequate notice to Congress and opportunity for review and 

7 comment. 

8 SEC. 12311. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to the Sec10 retary of Commerce for fiscal years 2009 through 2013 such 

11 sums as are necessary to fulfill the purposes of this subtitle 

12 and support activities identified in the annual coordinated 

13 System budget developed by the Interagency Ocean Observa14 tion Committee and submitted to the Congress. 

15 Subtitle D—Federal Ocean Acidifi16 cation Research and Monitoring 

17 Act of 2009 

18 SEC. 12401. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Federal Ocean 

20 Acidification Research And Monitoring Act of 2009’’ or the 

21 ‘‘FOARAM Act’’. 

22 SEC. 12402. PURPOSES. 

23 (a) PURPOSES.—The purposes of this subtitle are to 

24 provide for— 
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1 (1) development and coordination of a com2 prehensive interagency plan to— 

3 (A) monitor and conduct research on the 

4 processes and consequences of ocean acidification 

5 on marine organisms and ecosystems; and 

6 (B) establish an interagency research and 

7 monitoring program on ocean acidification; 

8 (2) establishment of an ocean acidification pro9 gram within the National Oceanic and Atmospheric 

10 Administration; 

11 (3) assessment and consideration of regional and 

12 national ecosystem and socioeconomic impacts of in13 creased ocean acidification; and 

14 (4) research adaptation strategies and techniques 

15 for effectively conserving marine ecosystems as they 

16 cope with increased ocean acidification. 

17 SEC. 12403. DEFINITIONS. 

18 In this subtitle: 

19 (1) OCEAN ACIDIFICATION.—The term ‘‘ocean 

20 acidification’’ means the decrease in pH of the 

21 Earth’s oceans and changes in ocean chemistry caused 

22 by chemical inputs from the atmosphere, including 

23 carbon dioxide. 

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

25 the Secretary of Commerce, acting through the Ad-
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1 ministrator of the National Oceanic and Atmospheric 

2 Administration. 

3 (3) SUBCOMMITTEE.—The term ‘‘Subcommittee’’ 

4 means the Joint Subcommittee on Ocean Science and 

5 Technology of the National Science and Technology 

6 Council. 

7 SEC. 12404. INTERAGENCY SUBCOMMITTEE. 

8 (a) DESIGNATION.— 

9 (1) IN GENERAL.—The Joint Subcommittee on 

10 Ocean Science and Technology of the National 

11 Science and Technology Council shall coordinate Fed12 eral activities on ocean acidification and establish an 

13 interagency working group. 

14 (2) MEMBERSHIP.—The interagency working 

15 group on ocean acidification shall be comprised of 

16 senior representatives from the National Oceanic and 

17 Atmospheric Administration, the National Science 

18 Foundation, the National Aeronautics and Space Ad19 ministration, the United States Geological Survey, 

20 the United States Fish and Wildlife Service, and such 

21 other Federal agencies as appropriate. 

22 (3) CHAIRMAN.—The interagency working group 

23 shall be chaired by the representative from the Na24 tional Oceanic and Atmospheric Administration. 

25 (b) DUTIES.—The Subcommittee shall— 
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1 (1) develop the strategic research and monitoring 

2 plan to guide Federal research on ocean acidification 

3 required under section 12405 of this subtitle and over4 see the implementation of the plan; 

5 (2) oversee the development of— 

6 (A) an assessment of the potential impacts 

7 of ocean acidification on marine organisms and 

8 marine ecosystems; and 

9 (B) adaptation and mitigation strategies to 

10 conserve marine organisms and ecosystems ex11 posed to ocean acidification; 

12 (3) facilitate communication and outreach op13 portunities with nongovernmental organizations and 

14 members of the stakeholder community with interests 

15 in marine resources; 

16 (4) coordinate the United States Federal research 

17 and monitoring program with research and moni18 toring programs and scientists from other nations; 

19 and 

20 (5) establish or designate an Ocean Acidification 

21 Information Exchange to make information on ocean 

22 acidification developed through or utilized by the 

23 interagency ocean acidification program accessible 

24 through electronic means, including information 

25 which would be useful to policymakers, researchers, 
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1 and other stakeholders in mitigating or adapting to 

2 the impacts of ocean acidification. 

3 (c) REPORTS TO CONGRESS.— 

4 (1) INITIAL REPORT.—Not later than 1 year 

5 after the date of enactment of this Act, the Sub6 committee shall transmit a report to the Committee 

7 on Commerce, Science, and Transportation of the 

8 Senate and the Committee on Science and Technology 

9 and the Committee on Natural Resources of the House 

10 of Representatives that— 

11 (A) includes a summary of federally funded 

12 ocean acidification research and monitoring ac13 tivities, including the budget for each of these ac14 tivities; and 

15 (B) describes the progress in developing the 

16 plan required under section 12405 of this sub17 title. 

18 (2) BIENNIAL REPORT.—Not later than 2 years 

19 after the delivery of the initial report under para20 graph (1) and every 2 years thereafter, the Sub21 committee shall transmit a report to the Committee 

22 on Commerce, Science, and Transportation of the 

23 Senate and the Committee on Science and Technology 

24 and the Committee on Natural Resources of the House 

25 of Representatives that includes— 
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1 (A) a summary of federally funded ocean 

2 acidification research and monitoring activities, 

3 including the budget for each of these activities; 

4 and 

5 (B) an analysis of the progress made to6 ward achieving the goals and priorities for the 

7 interagency research plan developed by the Sub8 committee under section 12405. 

9 (3) STRATEGIC RESEARCH PLAN.—Not later than 

10 2 years after the date of enactment of this Act, the 

11 Subcommittee shall transmit the strategic research 

12 plan developed under section 12405 to the Committee 

13 on Commerce, Science, and Transportation of the 

14 Senate and the Committee on Science and Technology 

15 and the Committee on Natural Resources of the House 

16 of Representatives. A revised plan shall be submitted 

17 at least once every 5 years thereafter. 

18 SEC. 12405. STRATEGIC RESEARCH PLAN. 

19 (a) IN GENERAL.—Not later than 2 years after the 

20 date of enactment of this Act, the Subcommittee shall de21 velop a strategic plan for Federal research and monitoring 

22 on ocean acidification that will provide for an assessment 

23 of the impacts of ocean acidification on marine organisms 

24 and marine ecosystems and the development of adaptation 

25 and mitigation strategies to conserve marine organisms and 
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1 marine ecosystems. In developing the plan, the Sub2 committee shall consider and use information, reports, and 

3 studies of ocean acidification that have identified research 

4 and monitoring needed to better understand ocean acidifi5 cation and its potential impacts, and recommendations 

6 made by the National Academy of Sciences in the review 

7 of the plan required under subsection (d). 

8 (b) CONTENTS OF THE PLAN.—The plan shall— 

9 (1) provide for interdisciplinary research among 

10 the ocean sciences, and coordinated research and ac11 tivities to improve the understanding of ocean chem12 istry that will affect marine ecosystems; 

13 (2) establish, for the 10-year period beginning in 

14 the year the plan is submitted, the goals and prior15 ities for Federal research and monitoring which 

16 will— 

17 (A) advance understanding of ocean acidifi18 cation and its physical, chemical, and biological 

19 impacts on marine organisms and marine eco20 systems; 

21 (B) improve the ability to assess the socio22 economic impacts of ocean acidification; and 

23 (C) provide information for the development 

24 of adaptation and mitigation strategies to con25 serve marine organisms and marine ecosystems; 
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1 (3) describe specific activities, including— 

2 (A) efforts to determine user needs; 

3 (B) research activities; 

4 (C) monitoring activities; 

5 (D) technology and methods development; 

6 (E) data collection; 

7 (F) database development; 

8 (G) modeling activities; 

9 (H) assessment of ocean acidification im10 pacts; and 

11 (I) participation in international research 

12 efforts; 

13 (4) identify relevant programs and activities of 

14 the Federal agencies that contribute to the interagency 

15 program directly and indirectly and set forth the role 

16 of each Federal agency in implementing the plan; 

17 (5) consider and utilize, as appropriate, reports 

18 and studies conducted by Federal agencies, the Na19 tional Research Council, or other entities; 

20 (6) make recommendations for the coordination 

21 of the ocean acidification research and monitoring ac22 tivities of the United States with such activities of 

23 other nations and international organizations; 

24 (7) outline budget requirements for Federal ocean 

25 acidification research and monitoring and assessment 
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1 activities to be conducted by each agency under the 

2 plan; 

3 (8) identify the monitoring systems and sam4 pling programs currently employed in collecting data 

5 relevant to ocean acidification and prioritize addi6 tional monitoring systems that may be needed to en7 sure adequate data collection and monitoring of ocean 

8 acidification and its impacts; and 

9 (9) describe specific activities designed to facili10 tate outreach and data and information exchange 

11 with stakeholder communities. 

12 (c) PROGRAM ELEMENTS.—The plan shall include at 

13 a minimum the following program elements: 

14 (1) Monitoring of ocean chemistry and biological 

15 impacts associated with ocean acidification at selected 

16 coastal and open-ocean monitoring stations, including 

17 satellite-based monitoring to characterize— 

18 (A) marine ecosystems; 

19 (B) changes in marine productivity; and 

20 (C) changes in surface ocean chemistry. 

21 (2) Research to understand the species specific 

22 physiological responses of marine organisms to ocean 

23 acidification, impacts on marine food webs of ocean 

24 acidification, and to develop environmental and eco-
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1 logical indices that track marine ecosystem responses 

2 to ocean acidification. 

3 (3) Modeling to predict changes in the ocean car4 bon cycle as a function of carbon dioxide and atmos5 phere-induced changes in temperature, ocean circula6 tion, biogeochemistry, ecosystem and terrestrial input, 

7 and modeling to determine impacts on marine eco8 systems and individual marine organisms. 

9 (4) Technology development and standardization 

10 of carbonate chemistry measurements on moorings 

11 and autonomous floats. 

12 (5) Assessment of socioeconomic impacts of ocean 

13 acidification and development of adaptation and 

14 mitigation strategies to conserve marine organisms 

15 and marine ecosystems. 

16 (d) NATIONAL ACADEMY OF SCIENCES EVALUATION.— 

17 The Secretary shall enter into an agreement with the Na18 tional Academy of Sciences to review the plan. 

19 (e) PUBLIC PARTICIPATION.—In developing the plan, 

20 the Subcommittee shall consult with representatives of aca21 demic, State, industry and environmental groups. Not later 

22 than 90 days before the plan, or any revision thereof, is 

23 submitted to the Congress, the plan shall be published in 

24 the Federal Register for a public comment period of not 

25 less than 60 days. 
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1 SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES. 

2 (a) IN GENERAL.—The Secretary shall establish and 

3 maintain an ocean acidification program within the Na4 tional Oceanic and Atmospheric Administration to conduct 

5 research, monitoring, and other activities consistent with 

6 the strategic research and implementation plan developed 

7 by the Subcommittee under section 12405 that— 

8 (1) includes— 

9 (A) interdisciplinary research among the 

10 ocean and atmospheric sciences, and coordinated 

11 research and activities to improve understanding 

12 of ocean acidification; 

13 (B) the establishment of a long-term moni14 toring program of ocean acidification utilizing 

15 existing global and national ocean observing as16 sets, and adding instrumentation and sampling 

17 stations as appropriate to the aims of the re18 search program; 

19 (C) research to identify and develop adapta20 tion strategies and techniques for effectively con21 serving marine ecosystems as they cope with in22 creased ocean acidification; 

23 (D) as an integral part of the research pro24 grams described in this subtitle, educational op25 portunities that encourage an interdisciplinary 
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1 and international approach to exploring the im2 pacts of ocean acidification; 

3 (E) as an integral part of the research pro4 grams described in this subtitle, national public 

5 outreach activities to improve the understanding 

6 of current scientific knowledge of ocean acidifica7 tion and its impacts on marine resources; and 

8 (F) coordination of ocean acidification 

9 monitoring and impacts research with other ap10 propriate international ocean science bodies such 

11 as the International Oceanographic Commission, 

12 the International Council for the Exploration of 

13 the Sea, the North Pacific Marine Science Orga14 nization, and others; 

15 (2) provides grants for critical research projects 

16 that explore the effects of ocean acidification on eco17 systems and the socioeconomic impacts of increased 

18 ocean acidification that are relevant to the goals and 

19 priorities of the strategic research plan; and 

20 (3) incorporates a competitive merit-based proc21 ess for awarding grants that may be conducted jointly 

22 with other participating agencies or under the Na23 tional Oceanographic Partnership Program under 

24 section 7901 of title 10, United States Code. 
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1 (b) ADDITIONAL AUTHORITY.—In conducting the Pro2 gram, the Secretary may enter into and perform such con3 tracts, leases, grants, or cooperative agreements as may be 

4 necessary to carry out the purposes of this subtitle on such 

5 terms as the Secretary considers appropriate. 

6 SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES. 

7 (a) RESEARCH ACTIVITIES.—The Director of the Na8 tional Science Foundation shall continue to carry out re9 search activities on ocean acidification which shall support 

10 competitive, merit-based, peer-reviewed proposals for re11 search and monitoring of ocean acidification and its im12 pacts, including— 

13 (1) impacts on marine organisms and marine 

14 ecosystems; 

15 (2) impacts on ocean, coastal, and estuarine bio16 geochemistry; and 

17 (3) the development of methodologies and tech18 nologies to evaluate ocean acidification and its im19 pacts. 

20 (b) CONSISTENCY.—The research activities shall be 

21 consistent with the strategic research plan developed by the 

22 Subcommittee under section 12405. 

23 (c) COORDINATION.—The Director shall encourage co24 ordination of the Foundation’s ocean acidification activi-
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1 ties with such activities of other nations and international 

2 organizations. 

3 SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES. 

4 (a) OCEAN ACIDIFICATION ACTIVITIES.—The Admin5 istrator of the National Aeronautics and Space Administra6 tion, in coordination with other relevant agencies, shall en7 sure that space-based monitoring assets are used in as pro8 ductive a manner as possible for monitoring of ocean acidi9 fication and its impacts. 

10 (b) PROGRAM CONSISTENCY.—The Administrator shall 

11 ensure that the Agency’s research and monitoring activities 

12 on ocean acidification are carried out in a manner con13 sistent with the strategic research plan developed by the 

14 Subcommittee under section 12405. 

15 (c) COORDINATION.—The Administrator shall encour16 age coordination of the Agency’s ocean acidification activi17 ties with such activities of other nations and international 

18 organizations. 

19 SEC. 12409. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) NOAA.—There are authorized to be appropriated 

21 to the National Oceanic and Atmospheric Administration 

22 to carry out the purposes of this subtitle— 

23 (1) $8,000,000 for fiscal year 2009; 

24 (2) $12,000,000 for fiscal year 2010; 

25 (3) $15,000,000 for fiscal year 2011; and 
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1 (4) $20,000,000 for fiscal year 2012. 

2 (b) NSF.—There are authorized to be appropriated to 

3 the National Science Foundation to carry out the purposes 

4 of this subtitle— 

5 (1) $6,000,000 for fiscal year 2009; 

6 (2) $8,000,000 for fiscal year 2010; 

7 (3) $12,000,000 for fiscal year 2011; and 

8 (4) $15,000,000 for fiscal year 2012. 

9 Subtitle E—Coastal and Estuarine 

10 Land Conservation Program 

11 SEC. 12501. SHORT TITLE. 

12 This Act may be cited as the ‘‘Coastal and Estuarine 

13 Land Conservation Program Act’’. 

14 SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE 

15 LAND CONSERVATION PROGRAM. 

16 The Coastal Zone Management Act of 1972 (16 U.S.C. 

17 1451 et seq.) is amended by inserting after section 307 the 

18 following new section: 

19 ‘‘AUTHORIZATION OF THE COASTAL AND ESTUARINE LAND

20 CONSERVATION PROGRAM

21 ‘‘SEC. 307A. (a) IN GENERAL.—The Secretary may 

22 conduct a Coastal and Estuarine Land Conservation Pro23 gram, in cooperation with appropriate State, regional, and 

24 other units of government, for the purposes of protecting im25 portant coastal and estuarine areas that have significant 

26 conservation, recreation, ecological, historical, or aesthetic 
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1 values, or that are threatened by conversion from their nat2 ural, undeveloped, or recreational state to other uses or 

3 could be managed or restored to effectively conserve, en4 hance, or restore ecological function. The program shall be 

5 administered by the National Ocean Service of the National 

6 Oceanic and Atmospheric Administration through the Of7 fice of Ocean and Coastal Resource Management. 

8 ‘‘(b) PROPERTY ACQUISITION GRANTS.—The Secretary 

9 shall make grants under the program to coastal states with 

10 approved coastal zone management plans or National Estu11 arine Research Reserve units for the purpose of acquiring 

12 property or interests in property described in subsection (a) 

13 that will further the goals of— 

14 ‘‘(1) a Coastal Zone Management Plan or Pro15 gram approved under this title; 

16 ‘‘(2) a National Estuarine Research Reserve 

17 management plan; 

18 ‘‘(3) a regional or State watershed protection or 

19 management plan involving coastal states with ap20 proved coastal zone management programs; or 

21 ‘‘(4) a State coastal land acquisition plan that 

22 is consistent with an approved coastal zone manage23 ment program. 

24 ‘‘(c) GRANT PROCESS.—The Secretary shall allocate 

25 funds to coastal states or National Estuarine Research Re-
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1 serves under this section through a competitive grant proc2 ess in accordance with guidelines that meet the following 

3 requirements: 

4 ‘‘(1) The Secretary shall consult with the coastal 

5 state’s coastal zone management program, any Na6 tional Estuarine Research Reserve in that State, and 

7 the lead agency designated by the Governor for coordi8 nating the implementation of this section (if different 

9 from the coastal zone management program). 

10 ‘‘(2) Each participating coastal state, after con11 sultation with local governmental entities and other 

12 interested stakeholders, shall identify priority con13 servation needs within the State, the values to be pro14 tected by inclusion of lands in the program, and the 

15 threats to those values that should be avoided. 

16 ‘‘(3) Each participating coastal state shall to the 

17 extent practicable ensure that the acquisition of prop18 erty or easements shall complement working water19 front needs. 

20 ‘‘(4) The applicant shall identify the values to be 

21 protected by inclusion of the lands in the program, 

22 management activities that are planned and the man23 ner in which they may affect the values identified, 

24 and any other information from the landowner rel25 evant to administration and management of the land. 
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1 ‘‘(5) Awards shall be based on demonstrated need 

2 for protection and ability to successfully leverage 

3 funds among participating entities, including Federal 

4 programs, regional organizations, State and other 

5 governmental units, landowners, corporations, or pri6 vate organizations. 

7 ‘‘(6) The governor, or the lead agency designated 

8 by the governor for coordinating the implementation 

9 of this section, where appropriate in consultation 

10 with the appropriate local government, shall deter11 mine that the application is consistent with the 

12 State’s or territory’s approved coastal zone plan, pro13 gram, and policies prior to submittal to the Sec14 retary. 

15 ‘‘(7)(A) Priority shall be given to lands described 

16 in subsection (a) that can be effectively managed and 

17 protected and that have significant ecological value. 

18 ‘‘(B) Of the projects that meet the standard in 

19 subparagraph (A), priority shall be given to lands 

20 that— 

21 ‘‘(i) are under an imminent threat of con22 version to a use that will degrade or otherwise 

23 diminish their natural, undeveloped, or rec24 reational state; and 
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1 ‘‘(ii) serve to mitigate the adverse impacts 

2 caused by coastal population growth in the 

3 coastal environment. 

4 ‘‘(8) In developing guidelines under this section, 

5 the Secretary shall consult with coastal states, other 

6 Federal agencies, and other interested stakeholders 

7 with expertise in land acquisition and conservation 

8 procedures. 

9 ‘‘(9) Eligible coastal states or National Estua10 rine Research Reserves may allocate grants to local 

11 governments or agencies eligible for assistance under 

12 section 306A(e). 

13 ‘‘(10) The Secretary shall develop performance 

14 measures that the Secretary shall use to evaluate and 

15 report on the program’s effectiveness in accomplishing 

16 its purposes, and shall submit such evaluations to 

17 Congress triennially. 

18 ‘‘(d) LIMITATIONS AND PRIVATE PROPERTY PROTEC19 TIONS.— 

20 ‘‘(1) A grant awarded under this section may be 

21 used to purchase land or an interest in land, includ22 ing an easement, only from a willing seller. Any such 

23 purchase shall not be the result of a forced taking 

24 under this section. Nothing in this section requires a 
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1 private property owner to participate in the program 

2 under this section. 

3 ‘‘(2) Any interest in land, including any ease4 ment, acquired with a grant under this section shall 

5 not be considered to create any new liability, or have 

6 any effect on liability under any other law, of any 

7 private property owner with respect to any person in8 jured on the private property. 

9 ‘‘(3) Nothing in this section requires a private 

10 property owner to provide access (including Federal, 

11 State, or local government access) to or use of private 

12 property unless such property or an interest in such 

13 property (including a conservation easement) has 

14 been purchased with funds made available under this 

15 section. 

16 ‘‘(e) RECOGNITION OF AUTHORITY TO CONTROL LAND

17 USE.—Nothing in this title modifies the authority of Fed18 eral, State, or local governments to regulate land use. 

19 ‘‘(f) MATCHING REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—The Secretary may not make 

21 a grant under the program unless the Federal funds 

22 are matched by non-Federal funds in accordance with 

23 this subsection. 

24 ‘‘(2) COST SHARE REQUIREMENT.— 
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1 ‘‘(A) IN GENERAL.—Grant funds under the 

2 program shall require a 100 percent match from 

3 other non-Federal sources. 

4 ‘‘(B) WAIVER OF REQUIREMENT.—The Sec5 retary may grant a waiver of subparagraph (A) 

6 for underserved communities, communities that 

7 have an inability to draw on other sources of 

8 funding because of the small population or low 

9 income of the community, or for other reasons 

10 the Secretary deems appropriate and consistent 

11 with the purposes of the program. 

12 ‘‘(3) OTHER FEDERAL FUNDS.—Where financial 

13 assistance awarded under this section represents only 

14 a portion of the total cost of a project, funding from 

15 other Federal sources may be applied to the cost of the 

16 project. Each portion shall be subject to match re17 quirements under the applicable provision of law. 

18 ‘‘(4) SOURCE OF MATCHING COST SHARE.—For 

19 purposes of paragraph (2)(A), the non-Federal cost 

20 share for a project may be determined by taking into 

21 account the following: 

22 ‘‘(A) The value of land or a conservation 

23 easement may be used by a project applicant as 

24 non-Federal match, if the Secretary determines 

25 that— 
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1 ‘‘(i) the land meets the criteria set 

2 forth in section 2(b) and is acquired in the 

3 period beginning 3 years before the date of 

4 the submission of the grant application and 

5 ending 3 years after the date of the award 

6 of the grant; 

7 ‘‘(ii) the value of the land or easement 

8 is held by a non-governmental organization 

9 included in the grant application in per10 petuity for conservation purposes of the pro11 gram; and 

12 ‘‘(iii) the land or easement is connected 

13 either physically or through a conservation 

14 planning process to the land or easement 

15 that would be acquired. 

16 ‘‘(B) The appraised value of the land or 

17 conservation easement at the time of the grant 

18 closing will be considered and applied as the 

19 non-Federal cost share. 

20 ‘‘(C) Costs associated with land acquisition, 

21 land management planning, remediation, res22 toration, and enhancement may be used as non23 Federal match if the activities are identified in 

24 the plan and expenses are incurred within the 

25 period of the grant award, or, for lands described 
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1 in (A), within the same time limits described 

2 therein. These costs may include either cash or 

3 in-kind contributions. 

4 ‘‘(g) RESERVATION OF FUNDS FOR NATIONAL ESTUA5 RINE RESEARCH RESERVE SITES.—No less than 15 percent 

6 of funds made available under this section shall be available 

7 for acquisitions benefitting National Estuarine Research 

8 Reserves. 

9 ‘‘(h) LIMIT ON ADMINISTRATIVE COSTS.—No more 

10 than 5 percent of the funds made available to the Secretary 

11 under this section shall be used by the Secretary for plan12 ning or administration of the program. The Secretary shall 

13 provide a report to Congress with an account of all expendi14 tures under this section for fiscal year 2009 and triennially 

15 thereafter. 

16 ‘‘(i) TITLE AND MANAGEMENT OF ACQUIRED PROP17 ERTY.—If any property is acquired in whole or in part 

18 with funds made available through a grant under this sec19 tion, the grant recipient shall provide— 

20 ‘‘(1) such assurances as the Secretary may re21 quire that— 

22 ‘‘(A) the title to the property will be held by 

23 the grant recipient or another appropriate public 

24 agency designated by the recipient in perpetuity; 
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1 ‘‘(B) the property will be managed in a 

2 manner that is consistent with the purposes for 

3 which the land entered into the program and 

4 shall not convert such property to other uses; and 

5 ‘‘(C) if the property or interest in land is 

6 sold, exchanged, or divested, funds equal to the 

7 current value will be returned to the Secretary in 

8 accordance with applicable Federal law for re9 distribution in the grant process; and 

10 ‘‘(2) certification that the property (including 

11 any interest in land) will be acquired from a willing 

12 seller. 

13 ‘‘(j) REQUIREMENT FOR PROPERTY USED FOR NON14 FEDERAL MATCH.—If the grant recipient elects to use any 

15 land or interest in land held by a non-governmental organi16 zation as a non-Federal match under subsection (g), the 

17 grant recipient must to the Secretary’s satisfaction dem18 onstrate in the grant application that such land or interest 

19 will satisfy the same requirements as the lands or interests 

20 in lands acquired under the program. 

21 ‘‘(k) DEFINITIONS.—In this section: 

22 ‘‘(1) CONSERVATION EASEMENT.—The term ‘con23 servation easement’ includes an easement or restric24 tion, recorded deed, or a reserve interest deed where 

25 the grantee acquires all rights, title, and interest in 
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1 a property, that do not conflict with the goals of this 

2 section except those rights, title, and interests that 

3 may run with the land that are expressly reserved by 

4 a grantor and are agreed to at the time of purchase. 

5 ‘‘(2) INTEREST IN PROPERTY.—The term ‘inter6 est in property’ includes a conservation easement. 

7 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated to the Secretary to carry out 

9 this section $60,000,000 for each of fiscal years 2009 

10 through 2013.’’. 

11 TITLE XIII—MISCELLANEOUS 

12 SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH 

13 DAKOTA TRUST FUNDS. 

14 (a) NORTH DAKOTA TRUST FUNDS.—The Act of Feb15 ruary 22, 1889 (25 Stat. 676, chapter 180), is amended 

16 by adding at the end the following: 

17 ‘‘SEC. 26. NORTH DAKOTA TRUST FUNDS. 

18 ‘‘(a) DISPOSITION.—Notwithstanding section 11, the 

19 State of North Dakota shall, with respect to any trust fund 

20 in which proceeds from the sale of public land are deposited 

21 under this Act (referred to in this section as the ‘trust 

22 fund’)— 

23 ‘‘(1) deposit all revenues earned by a trust fund 

24 into the trust fund; 
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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 ‘‘(b) DISTRIBUTIONS.—Notwithstanding section 11, 

9 any distributions from trust funds in the State of North 

10 Dakota shall be made in accordance with section 2 of article 

11 IX of the Constitution of the State of North Dakota. 

12 ‘‘(c) MANAGEMENT OF PROCEEDS.—Notwithstanding 

13 section 13, the State of North Dakota shall manage the pro14 ceeds referred to in that section in accordance with sub15 sections (a) and (b). 

16 ‘‘(d) MANAGEMENT OF LAND AND PROCEEDS.—Not17 withstanding sections 14 and 16, the State of North Dakota 

18 shall manage the land granted under that section, including 

19 any proceeds from the land, and make distributions in ac20 cordance with subsections (a) and (b).’’. 

21 (b) MANAGEMENT AND DISTRIBUTION OF MORRILL

22 ACT GRANTS.—The Act of July 2, 1862 (commonly known 

23 as the ‘‘First Morrill Act’’) (7 U.S.C. 301 et seq.), is amend24 ed by adding at the end the following: 
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1 ‘‘SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA. 

2 ‘‘(a) EXPENSES.—Notwithstanding section 3, the State 

3 of North Dakota shall manage the land granted to the State 

4 under the first section, including any proceeds from the 

5 land, in accordance with this section. 

6 ‘‘(b) DISPOSITION OF PROCEEDS.—Notwithstanding 

7 section 4, the State of North Dakota shall, with respect to 

8 any trust fund in which proceeds from the sale of land 

9 under this Act are deposited (referred to in this section as 

10 the ‘trust fund’)— 

11 ‘‘(1) deposit all revenues earned by a trust fund 

12 into the trust fund; 

13 ‘‘(2) deduct the costs of administering a trust 

14 fund from each trust fund; and 

15 ‘‘(3) manage each trust fund to— 

16 ‘‘(A) preserve the purchasing power of the 

17 trust fund; and 

18 ‘‘(B) maintain stable distributions to trust 

19 fund beneficiaries. 

20 ‘‘(c) DISTRIBUTIONS.—Notwithstanding section 4, any 

21 distributions from trust funds in the State of North Dakota 

22 shall be made in accordance with section 2 of article IX 

23 of the Constitution of the State of North Dakota. 

24 ‘‘(d) MANAGEMENT.—Notwithstanding section 5, the 

25 State of North Dakota shall manage the land granted under 
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1 the first section, including any proceeds from the land, in 

2 accordance with this section.’’. 

3 (c) CONSENT OF CONGRESS.—Effective July 1, 2009, 

4 Congress consents to the amendments to the Constitution 

5 of North Dakota proposed by House Concurrent Resolution 

6 No. 3037 of the 59th Legislature of the State of North Da7 kota entitled ‘‘A concurrent resolution for the amendment 

8 of sections 1 and 2 of article IX of the Constitution of North 

9 Dakota, relating to distributions from and the management 

10 of the common schools trust fund and the trust funds of 

11 other educational or charitable institutions; and to provide 

12 a contingent effective date’’ and approved by the voters of 

13 the State of North Dakota on November 7, 2006. 

14 SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORA15 TION AND IRRIGATION MITIGATION ACT OF 

16 2000. 

17 (a) PRIORITY PROJECTS.—Section 3(c)(3) of the Fish18 eries Restoration and Irrigation Mitigation Act of 2000 (16 

19 U.S.C. 777 note; Public Law 106–502) is amended by strik20 ing ‘‘$5,000,000’’ and inserting ‘‘$2,500,000’’. 

21 (b) COST SHARING.—Section 7(c) of Fisheries Restora22 tion and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 

23 note; Public Law 106–502) is amended— 

24 (1) by striking ‘‘The value’’ and inserting the fol25 lowing: 
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1 ‘‘(1) IN GENERAL.—The value’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(2) BONNEVILLE POWER ADMINISTRATION.— 

4 ‘‘(A) IN GENERAL.—The Secretary may, 

5 without further appropriation and without fiscal 

6 year limitation, accept any amounts provided to 

7 the Secretary by the Administrator of the Bonne8 ville Power Administration. 

9 ‘‘(B) NON-FEDERAL SHARE.—Any amounts 

10 provided by the Bonneville Power Administra11 tion directly or through a grant to another entity 

12 for a project carried under the Program shall be 

13 credited toward the non-Federal share of the 

14 costs of the project.’’. 

15 (c) REPORT.—Section 9 of the Fisheries Restoration 

16 and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; 

17 Public Law 106–502) is amended— 

18 (1) by inserting ‘‘any’’ before ‘‘amounts are 

19 made’’; and 

20 (2) by inserting after ‘‘Secretary shall’’ the fol21 lowing: ‘‘, after partnering with local governmental 

22 entities and the States in the Pacific Ocean drainage 

23 area,’’. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 10 of the Fisheries Restoration and Irrigation Mitigation 
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1 Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is 

2 amended— 

3 (1) in subsection (a), by striking ‘‘2001 through 

4 2005’’ and inserting ‘‘2009 through 2015’’; and 

5 (2) in subsection (b), by striking paragraph (2) 

6 and inserting the following: 

7 ‘‘(2) ADMINISTRATIVE EXPENSES.— 

8 ‘‘(A) DEFINITION OF ADMINISTRATIVE EX9 PENSE.—In this paragraph, the term ‘adminis10 trative expense’ means, except as provided in 

11 subparagraph (B)(iii)(II), any expenditure re12 lating to— 

13 ‘‘(i) staffing and overhead, such as the 

14 rental of office space and the acquisition of 

15 office equipment; and 

16 ‘‘(ii) the review, processing, and provi17 sion of applications for funding under the 

18 Program. 

19 ‘‘(B) LIMITATION.— 

20 ‘‘(i) IN GENERAL.—Not more than 6 

21 percent of amounts made available to carry 

22 out this Act for each fiscal year may be 

23 used for Federal and State administrative 

24 expenses of carrying out this Act. 
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1 ‘‘(ii) FEDERAL AND STATE SHARES.— 

2 To the maximum extent practicable, of the 

3 amounts made available for administrative 

4 expenses under clause (i)— 

5 ‘‘(I) 50 percent shall be provided 

6 to the State agencies provided assist7 ance under the Program; and 

8 ‘‘(II) an amount equal to the cost 

9 of 1 full-time equivalent Federal em10 ployee, as determined by the Secretary, 

11 shall be provided to the Federal agency 

12 carrying out the Program. 

13 ‘‘(iii) STATE EXPENSES.—Amounts 

14 made available to States for administrative 

15 expenses under clause (i)— 

16 ‘‘(I) shall be divided evenly among 

17 all States provided assistance under 

18 the Program; and 

19 ‘‘(II) may be used by a State to 

20 provide technical assistance relating to 

21 the program, including any staffing 

22 expenditures (including staff travel ex23 penses) associated with— 
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1 ‘‘(aa) arranging meetings to 

2 promote the Program to potential 

3 applicants; 

4 ‘‘(bb) assisting applicants 

5 with the preparation of applica6 tions for funding under the Pro7 gram; and 

8 ‘‘(cc) visiting construction 

9 sites to provide technical assist10 ance, if requested by the appli11 cant.’’. 

12 SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS 

13 PIPELINE ACT. 

14 Section 107(a) of the Alaska Natural Gas Pipeline Act 

15 (15 U.S.C. 720e(a)) is amended by striking paragraph (3) 

16 and inserting the following: 

17 ‘‘(3) the validity of any determination, permit, 

18 approval, authorization, review, or other related ac19 tion taken under any provision of law relating to a 

20 gas transportation project constructed and operated 

21 in accordance with section 103, including— 

22 ‘‘(A) subchapter II of chapter 5, and chap23 ter 7, of title 5, United States Code (commonly 

24 known as the ‘Administrative Procedure Act’); 
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1 ‘‘(B) the Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.); 

3 ‘‘(C) the National Environmental Policy 

4 Act of 1969 (42 U.S.C. 4321 et seq.); 

5 ‘‘(D) the National Historic Preservation Act 

6 (16 U.S.C. 470 et seq.); and 

7 ‘‘(E) the Alaska National Interest Lands 

8 Conservation Act (16 U.S.C. 3101 et seq.).’’. 

9 SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DE10 PARTMENT OF ENERGY. 

11 (a) IN GENERAL.—Section 203(a) of the Department 

12 of Energy Organization Act (42 U.S.C. 7133(a)) is amend13 ed in the first sentence by striking ‘‘7 Assistant Secretaries’’ 

14 and inserting ‘‘8 Assistant Secretaries’’. 

15 (b) CONFORMING AMENDMENT.—Section 5315 of title 

16 5, United States Code, is amended by striking ‘‘Assistant 

17 Secretaries of Energy (7)’’ and inserting ‘‘Assistant Secre18 taries of Energy (8)’’. 

19 SEC. 13005. LOVELACE RESPIRATORY RESEARCH INSTI20 TUTE. 

21 (a) DEFINITIONS.—In this section: 

22 (1) INSTITUTE.—The term ‘‘Institute’’ means the 

23 Lovelace Respiratory Research Institute, a nonprofit 

24 organization chartered under the laws of the State of 

25 New Mexico. 
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1 (2) MAP.—The term ‘‘map’’ means the map enti2 tled ‘‘Lovelace Respiratory Research Institute Land 

3 Conveyance’’ and dated March 18, 2008. 

4 (3) SECRETARY CONCERNED.—The term ‘‘Sec5 retary concerned’’ means— 

6 (A) the Secretary of Energy, with respect to 

7 matters concerning the Department of Energy; 

8 (B) the Secretary of the Interior, with re9 spect to matters concerning the Department of 

10 the Interior; and 

11 (C) the Secretary of the Air Force, with re12 spect to matters concerning the Department of 

13 the Air Force. 

14 (4) SECRETARY OF ENERGY.—The term ‘‘Sec15 retary of Energy’’ means the Secretary of Energy, 

16 acting through the Administrator for the National 

17 Nuclear Security Administration. 

18 (b) CONVEYANCE OF LAND.— 

19 (1) IN GENERAL.—Notwithstanding section 

20 120(h) of the Comprehensive Environmental Re21 sponse, Compensation, and Liability Act of 1980 (42 

22 U.S.C. 9620(h)) and subject to valid existing rights 

23 and this section, the Secretary of Energy, in consulta24 tion with the Secretary of the Interior and the Sec25 retary of the Air Force, may convey to the Institute, 
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1 on behalf of the United States, all right, title, and in2 terest of the United States in and to the parcel of 

3 land described in paragraph (2) for research, sci4 entific, or educational use. 

5 (2) DESCRIPTION OF LAND.—The parcel of land 

6 referred to in paragraph (1)— 

7 (A) is the approximately 135 acres of land 

8 identified as ‘‘Parcel A’’ on the map; 

9 (B) includes any improvements to the land 

10 described in subparagraph (A); and 

11 (C) excludes any portion of the utility sys12 tem and infrastructure reserved by the Secretary 

13 of the Air Force under paragraph (4). 

14 (3) OTHER FEDERAL AGENCIES.—The Secretary 

15 of the Interior and the Secretary of the Air Force 

16 shall complete any real property actions, including 

17 the revocation of any Federal withdrawals of the par18 cel conveyed under paragraph (1) and the parcel de19 scribed in subsection (c)(1), that are necessary to 

20 allow the Secretary of Energy to— 

21 (A) convey the parcel under paragraph (1); 

22 or 

23 (B) transfer administrative jurisdiction 

24 under subsection (c). 
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1 (4) RESERVATION OF UTILITY INFRASTRUCTURE

2 AND ACCESS.—The Secretary of the Air Force may re3 tain ownership and control of— 

4 (A) any portions of the utility system and 

5 infrastructure located on the parcel conveyed 

6 under paragraph (1); and 

7 (B) any rights of access determined to be 

8 necessary by the Secretary of the Air Force to 

9 operate and maintain the utilities on the parcel. 

10 (5) RESTRICTIONS ON USE.— 

11 (A) AUTHORIZED USES.—The Institute 

12 shall allow only research, scientific, or edu13 cational uses of the parcel conveyed under para14 graph (1). 

15 (B) REVERSION.— 

16 (i) IN GENERAL.—If, at any time, the 

17 Secretary of Energy, in consultation with 

18 the Secretary of the Air Force, determines, 

19 in accordance with clause (ii), that the par20 cel conveyed under paragraph (1) is not 

21 being used for a purpose described in sub22 paragraph (A)— 

23 (I) all right, title, and interest in 

24 and to the entire parcel, or any por25 tion of the parcel not being used for the 
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1 purposes, shall revert, at the option of 

2 the Secretary, to the United States; 

3 and 

4 (II) the United States shall have 

5 the right of immediate entry onto the 

6 parcel. 

7 (ii) REQUIREMENTS FOR DETERMINA8 TION.—Any determination of the Secretary 

9 under clause (i) shall be made on the record 

10 and after an opportunity for a hearing. 

11 (6) COSTS.— 

12 (A) IN GENERAL.—The Secretary of Energy 

13 shall require the Institute to pay, or reimburse 

14 the Secretary concerned, for any costs incurred 

15 by the Secretary concerned in carrying out the 

16 conveyance under paragraph (1), including any 

17 survey costs related to the conveyance. 

18 (B) REFUND.—If the Secretary concerned 

19 collects amounts under subparagraph (A) from 

20 the Institute before the Secretary concerned in21 curs the actual costs, and the amount collected 

22 exceeds the actual costs incurred by the Secretary 

23 concerned to carry out the conveyance, the Sec24 retary concerned shall refund to the Institute an 

25 amount equal to difference between— 
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1 (i) the amount collected by the Sec2 retary concerned; and 

3 (ii) the actual costs incurred by the 

4 Secretary concerned. 

5 (C) DEPOSIT IN FUND.— 

6 (i) IN GENERAL.—Amounts received by 

7 the United States under this paragraph as 

8 a reimbursement or recovery of costs in9 curred by the Secretary concerned to carry 

10 out the conveyance under paragraph (1) 

11 shall be deposited in the fund or account 

12 that was used to cover the costs incurred by 

13 the Secretary concerned in carrying out the 

14 conveyance. 

15 (ii) USE.—Any amounts deposited 

16 under clause (i) shall be available for the 

17 same purposes, and subject to the same con18 ditions and limitations, as any other 

19 amounts in the fund or account. 

20 (7) CONTAMINATED LAND.—In consideration for 

21 the conveyance of the parcel under paragraph (1), the 

22 Institute shall— 

23 (A) take fee title to the parcel and any im24 provements to the parcel, as contaminated; 
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1 (B) be responsible for undertaking and com2 pleting all environmental remediation required 

3 at, in, under, from, or on the parcel for all envi4 ronmental conditions relating to or arising from 

5 the release or threat of release of waste material, 

6 substances, or constituents, in the same manner 

7 and to the same extent as required by law appli8 cable to privately owned facilities, regardless of 

9 the date of the contamination or the responsible 

10 party; 

11 (C) indemnify the United States for— 

12 (i) any environmental remediation or 

13 response costs the United States reasonably 

14 incurs if the Institute fails to remediate the 

15 parcel; or 

16 (ii) contamination at, in, under, from, 

17 or on the land, for all environmental condi18 tions relating to or arising from the release 

19 or threat of release of waste material, sub20 stances, or constituents; 

21 (D) indemnify, defend, and hold harmless 

22 the United States from any damages, costs, ex23 penses, liabilities, fines, penalties, claim, or de24 mand for loss, including claims for property 

25 damage, personal injury, or death resulting from 
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1 releases, discharges, emissions, spills, storage, 

2 disposal, or any other acts or omissions by the 

3 Institute and any officers, agents, employees, 

4 contractors, sublessees, licensees, successors, as5 signs, or invitees of the Institute arising from ac6 tivities conducted, on or after October 1, 1996, 

7 on the parcel conveyed under paragraph (1); and 

8 (E) reimburse the United States for all legal 

9 and attorney fees, costs, and expenses incurred in 

10 association with the defense of any claims de11 scribed in subparagraph (D). 

12 (8) CONTINGENT ENVIRONMENTAL RESPONSE OB13 LIGATIONS.—If the Institute does not undertake or 

14 complete environmental remediation as required by 

15 paragraph (7) and the United States is required to 

16 assume the responsibilities of the remediation, the 

17 Secretary of Energy shall be responsible for con18 ducting any necessary environmental remediation or 

19 response actions with respect to the parcel conveyed 

20 under paragraph (1). 

21 (9) NO ADDITIONAL COMPENSATION.—Except as 

22 otherwise provided in this section, no additional con23 sideration shall be required for conveyance of the par24 cel to the Institute under paragraph (1). 
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1 (10) ACCESS AND UTILITIES.—On conveyance of 

2 the parcel under paragraph (1), the Secretary of the 

3 Air Force shall, on behalf of the United States and 

4 subject to any terms and conditions as the Secretary 

5 determines to be necessary (including conditions pro6 viding for the reimbursement of costs), provide the In7 stitute with— 

8 (A) access for employees and invitees of the 

9 Institute across Kirtland Air Force Base to the 

10 parcel conveyed under that paragraph; and 

11 (B) access to utility services for the land 

12 and any improvements to the land conveyed 

13 under that paragraph. 

14 (11) ADDITIONAL TERM AND CONDITIONS.—The 

15 Secretary of Energy, in consultation with the Sec16 retary of the Interior and Secretary of the Air Force, 

17 may require any additional terms and conditions for 

18 the conveyance under paragraph (1) that the Secre19 taries determine to be appropriate to protect the in20 terests of the United States. 

21 (c) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

22 (1) IN GENERAL.—After the conveyance under 

23 subsection (b)(1) has been completed, the Secretary of 

24 Energy shall, on request of the Secretary of the Air 

25 Force, transfer to the Secretary of the Air Force ad-
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1 ministrative jurisdiction over the parcel of approxi2 mately 7 acres of land identified as ‘‘Parcel B’’ on the 

3 map, including any improvements to the parcel. 

4 (2) REMOVAL OF IMPROVEMENTS.—In concur5 rence with the transfer under paragraph (1), the Sec6 retary of Energy shall, on request of the Secretary of 

7 the Air Force, arrange and pay for removal of any 

8 improvements to the parcel transferred under that 

9 paragraph. 

10 SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NA11 TIONAL TROPICAL BOTANICAL GARDEN. 

12 Chapter 1535 of title 36, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘§ 153514. Authorization of appropriations 

15 ‘‘(a) IN GENERAL.—Subject to subsection (b), there is 

16 authorized to be appropriated to the corporation for oper17 ation and maintenance expenses $500,000 for each of fiscal 

18 years 2008 through 2017. 

19 ‘‘(b) LIMITATION.—Any Federal funds made available 

20 under subsection (a) shall be matched on a 1-to-1 basis by 

21 non-Federal funds.’’. 
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1 TITLE XIV—CHRISTOPHER AND 

2 DANA REEVE PARALYSIS ACT 

3 SEC. 14001. SHORT TITLE. 

4 This title may be cited as the ‘‘Christopher and Dana 

5 Reeve Paralysis Act’’. 

6 Subtitle A—Paralysis Research 

7 SEC. 14101. ACTIVITIES OF THE NATIONAL INSTITUTES OF 

8 HEALTH WITH RESPECT TO RESEARCH ON PA9 RALYSIS. 

10 (a) COORDINATION.—The Director of the National In11 stitutes of Health (referred to in this title as the ‘‘Direc12 tor’’), pursuant to the general authority of the Director, 

13 may develop mechanisms to coordinate the paralysis re14 search and rehabilitation activities of the Institutes and 

15 Centers of the National Institutes of Health in order to fur16 ther advance such activities and avoid duplication of activi17 ties. 

18 (b) CHRISTOPHER AND DANA REEVE PARALYSIS RE19 SEARCH CONSORTIA.— 

20 (1) IN GENERAL.—The Director may make 

21 awards of grants to public or private entities to pay 

22 all or part of the cost of planning, establishing, im23 proving, and providing basic operating support for 

24 consortia in paralysis research. The Director shall 

25 designate each consortium funded through such grants 
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1 as a Christopher and Dana Reeve Paralysis Research 

2 Consortium. 

3 (2) RESEARCH.—Each consortium under para4 graph (1)— 

5 (A) may conduct basic, translational, and 

6 clinical paralysis research; 

7 (B) may focus on advancing treatments and 

8 developing therapies in paralysis research; 

9 (C) may focus on one or more forms of pa10 ralysis that result from central nervous system 

11 trauma or stroke; 

12 (D) may facilitate and enhance the dissemi13 nation of clinical and scientific findings; and 

14 (E) may replicate the findings of consortia 

15 members or other researchers for scientific and 

16 translational purposes. 

17 (3) COORDINATION OF CONSORTIA; REPORTS.— 

18 The Director may, as appropriate, provide for the co19 ordination of information among consortia under 

20 paragraph (1) and ensure regular communication 

21 among members of the consortia, and may require the 

22 periodic preparation of reports on the activities of the 

23 consortia and the submission of the reports to the Di24 rector. 
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1 (4) ORGANIZATION OF CONSORTIA.—Each con2 sortium under paragraph (1) may use the facilities of 

3 a single lead institution, or be formed from several co4 operating institutions, meeting such requirements as 

5 may be prescribed by the Director. 

6 (c) PUBLIC INPUT.—The Director may provide for a 

7 mechanism to educate and disseminate information on the 

8 existing and planned programs and research activities of 

9 the National Institutes of Health with respect to paralysis 

10 and through which the Director can receive comments from 

11 the public regarding such programs and activities. 

12 Subtitle B—Paralysis 

13 Rehabilitation Research and Care 

14 SEC. 14201. ACTIVITIES OF THE NATIONAL INSTITUTES OF 

15 HEALTH WITH RESPECT TO RESEARCH WITH 

16 IMPLICATIONS FOR ENHANCING DAILY FUNC17 TION FOR PERSONS WITH PARALYSIS. 

18 (a) IN GENERAL.—The Director, pursuant to the gen19 eral authority of the Director, may make awards of grants 

20 to public or private entities to pay all or part of the costs 

21 of planning, establishing, improving, and providing basic 

22 operating support to multicenter networks of clinical sites 

23 that will collaborate to design clinical rehabilitation inter24 vention protocols and measures of outcomes on one or more 

25 forms of paralysis that result from central nervous system 
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1 trauma, disorders, or stroke, or any combination of such 

2 conditions. 

3 (b) RESEARCH.—A multicenter network of clinical 

4 sites funded through this section may— 

5 (1) focus on areas of key scientific concern, in6 cluding— 

7 (A) improving functional mobility; 

8 (B) promoting behavioral adaptation to 

9 functional losses, especially to prevent secondary 

10 complications; 

11 (C) assessing the efficacy and outcomes of 

12 medical rehabilitation therapies and practices 

13 and assisting technologies; 

14 (D) developing improved assistive tech15 nology to improve function and independence; 

16 and 

17 (E) understanding whole body system re18 sponses to physical impairments, disabilities, 

19 and societal and functional limitations; and 

20 (2) replicate the findings of network members or 

21 other researchers for scientific and translation pur22 poses. 

23 (c) COORDINATION OF CLINICAL TRIALS NETWORKS; 

24 REPORTS.—The Director may, as appropriate, provide for 

25 the coordination of information among networks funded 
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1 through this section and ensure regular communication 

2 among members of the networks, and may require the peri3 odic preparation of reports on the activities of the networks 

4 and submission of reports to the Director. 

5 Subtitle C—Improving Quality of 

6 Life for Persons With Paralysis 

7 and Other Physical Disabilities 

8 SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR 

9 PERSONS WITH PARALYSIS AND OTHER PHYS10 ICAL DISABILITIES. 

11 (a) IN GENERAL.—The Secretary of Health and 

12 Human Services (in this subtitle referred to as the ‘‘Sec13 retary’’) may study the unique health challenges associated 

14 with paralysis and other physical disabilities and carry out 

15 projects and interventions to improve the quality of life and 

16 long-term health status of persons with paralysis and other 

17 physical disabilities. The Secretary may carry out such 

18 projects directly and through awards of grants or contracts. 

19 (b) CERTAIN ACTIVITIES.—Activities under subsection 

20 (a) may include— 

21 (1) the development of a national paralysis and 

22 physical disability quality of life action plan, to pro23 mote health and wellness in order to enhance full par24 ticipation, independent living, self-sufficiency, and 

25 equality of opportunity in partnership with vol-
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1 untary health agencies focused on paralysis and other 

2 physical disabilities, to be carried out in coordination 

3 with the State-based Disability and Health Program 

4 of the Centers for Disease Control 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 persons 

9 with paralysis and other physical disabilities; 

10 (3) in collaboration with other centers and na11 tional voluntary health agencies, the establishment of 

12 a population-based database that may be used for lon13 gitudinal and other research on paralysis and other 

14 disabling conditions; and 

15 (4) the replication and translation of best prac16 tices and the sharing of information across States, as 

17 well as the development of comprehensive, unique, and 

18 innovative programs, services, and demonstrations 

19 within existing State-based disability and health pro20 grams of the Centers for Disease Control and Preven21 tion which are designed to support and advance qual22 ity of life programs for persons living with paralysis 

23 and other physical disabilities focusing on— 

24 (A) caregiver education; 
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1 (B) promoting proper nutrition, increasing 

2 physical activity, and reducing tobacco use; 

3 (C) education and awareness programs for 

4 health care providers; 

5 (D) prevention of secondary complications; 

6 (E) home- and community-based interven7 tions; 

8 (F) coordinating services and removing bar9 riers that prevent full participation and integra10 tion 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 other 

19 research on paralysis and other disabling condi20 tions; 

21 (B) developing comprehensive paralysis and 

22 other physical disability action plans and activi23 ties focused on the items listed in subsection 

24 (b)(4); 
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1 (C) assisting State-based programs in estab2 lishing and implementing partnerships and col3 laborations that maximize the input and support 

4 of people with paralysis and other physical dis5 abilities 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 professionals 

11 and allied caregivers; and 

12 (F) developing, testing, evaluating, and rep13 licating effective intervention programs to main14 tain 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 persons 

20 living with paralysis and other physical disabil21 ities and their caregivers; 

22 (C) testing model intervention programs to 

23 improve health and quality of life; and 

24 (D) coordinating existing services with 

25 State-based disability and health programs. 
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1 (d) COORDINATION OF ACTIVITIES.—The Secretary 

2 shall ensure that activities under this section are coordi3 nated as appropriate by the agencies of the Department of 

4 Health and Human Services. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—For the 

6 purpose of carrying out this section, there is authorized to 

7 be appropriated $25,000,000 for each of fiscal years 2008 

8 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 author16 ized to design and construct laboratory and support space 

17 to accommodate the Mathias Laboratory at the Smithso18 nian Environmental Research Center in Edgewater, Mary19 land. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section a 

22 total of $41,000,000 for fiscal years 2009 through 2011. 

23 Such sums shall remain available until expended. 
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1 SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA. 

2 (a) AUTHORITY TO CONSTRUCT.—The Board of Re3 gents of the Smithsonian Institution is authorized to con4 struct laboratory space to accommodate the terrestrial re5 search program of the Smithsonian tropical research insti6 tute in Gamboa, Panama. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section a 

9 total of $14,000,000 for fiscal years 2009 and 2010. Such 

10 sums shall remain available until expended. 

11 SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY. 

12 (a) IN GENERAL.—The Board of Regents of the Smith13 sonian Institution is authorized to construct a greenhouse 

14 facility at its museum support facility in Suitland, Mary15 land, to maintain the horticultural operations of, and pre16 serve the orchid collection held in trust by, the Smithsonian 

17 Institution. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated $12,000,000 to carry out this 

20 section. Such sums shall remain available until expended. 

Amend the title so as to read: ‘‘An Act to designate 

certain land as components of the National Wilderness 

Preservation System, to authorize certain programs and 
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activities in the Department of the Interior and the Department of Agriculture, and for other purposes.’’. 

Attest: 

Secretary. 

111TH CONGRESS 

1ST SESSION H.R. 146 

AMENDMENTS